Tag Archives: Orrin Hatch

Everybody Has To Pay This New Obamacare Tax

BY RICHARD POLLOCK FOR DAILYCALLER.COM

All Americans who bought health insurance policies this year – not just those enrolled in Obamacare – face a 41 percent increase in excise taxes because of hidden fees contained in an obscure section of the Affordable Care Act, according to an investigation by The Daily Caller News Foundation.

Virtually everyone who pays for health care insurance this year will be affected by the tax. The little-known tax was imposed on all consumers regardless of whether they obtained their insurance through Obamacare or through their employer or as individuals in the private market.

This year the tax will cost individuals more than $500 in extra premiums according to one actuarial estimate. Families who purchased insurance will see their premiums go up by more than $700.

The new tax also hits senior citizens who rely on Medicare Part D and Medicare Advantage. It will land on the nation’s poor who depend upon Medicaid-managed care programs.

The 41 percent sticker shock increase doesn’t stop in 2015, however. Over the next four years, the statutorily mandated Obamacare fees are expected to double again.

Over the next decade, consumers will pay more than $145 billion for the tax, according to the Congressional Budget Office. The levy will continue to go up each and every year into the future.

The tax was buried by congressional authors in section 9010 of the law and was envisioned as a way to raise future funds to pay for Obamacare.

The Obamacare fees were designed by the program’s authors to be delayed, kicking in only in 2014 at $8 billion and mushrooming into a $14.3 billion annual price tag on insurance policies by 2018.

Republican Sen. John Barrasso, who favors repeal of section 9010, said the tax “is another example of how the president’s health care law was designed so the most painful parts of the law kick in years later.”

CBO reported the fee was a “statutorily fixed” amount that must be collected each year from consumers, as opposed to a percentage rate.

The statute describes the levy is an “annual fee” but health-care economists say it has been commonly referred to as an excise tax.

The Joint Committee on Taxation said the Obamacare tax was “similar to an excise tax based on the sales price of health insurance contracts.”

The panel predicted the fee on insurance policies would be borne by consumers. The panel also told then-Sen. Jon Kyl in a June 2011 letter that, “an excise tax generally is borne by consumers in the form of higher prices.”

An actuarial review of the Section 9010 by the management firm Oliver Wyman for the health insurance industry predicted that individual policyholders will pay $514 more this year due to the Obamacare tax.

Those who use small group policies will see a rise of $688, while family coverage would rise by $719, the firm stated.

Ironically, the elderly and the poor — those who were supposed to benefit most from Obamacare — will be adversely affected by the new tax, as will financially hard-pressed state governments.

Section 9010 mandates that taxes must be paid for seniors who rely on Medicare Advantage and Medicare Part D.

Oliver Wyman estimated Medicare Advantage would cost seniors $360 more this year. Medicaid managed-care enrollees will be expected to face increases of $152, according to the firm.

Milliman, the national health actuarial firm, reported in 2014 that states will lose 52 cents for every dollar they receive from Medicaid because of the fee.

“The result is a transfer of $0.52 from state government to the federal government for every $1.00 of ACA health insurer fee,” the accounting firm said.

Milliman further said the Obamacare tax will cost states 1.8 percent to 2.8 percent more for Medicaid managed care, which is a low-cost way to offer medical services to the poor. Half of the nation’s Medicaid recipients are signed up by the states under Medicaid managed care, according to Milliman.

This fee, while seemingly low, can put many Medicare-managed care companies at great financial risk or perhaps out of business.

“Given Medicaid managed care profit margins were less than 2% in CY 2012, increases of this magnitude are meaningful,” Milliman said.

The actuarial firm estimated the Obamacare tax will cause the states that use Medicaid-managed care losses of up to $13.9 billion.

For years the health insurance industry has battled but failed to persuade Congress or the president to repeal the tax.

Earlier this year, Republican Sen. Orrin Hatch and Barrasso introduced legislation to repeal the excise tax. It has 38 Republican co-sponsors. No Democrats have backed the bill to date.

Hatch described the tax as “yet another hidden health care tax arbitrarily created to pay for Obamacare.”

Republican Rep. Charles W. Boustany introduced legislation in the House to repeal Section 9010. He has claimed bipartisan support among the 218 co-sponsors, a majority of the House.

The only group exempted from the tax are people who work in large corporations that “self-insure” their workforce. In a self-insurance system, no insurance company is used, only the company assets.

USA Families, a non-profit group that vigorously supports Obamacare, did not respond to a TheDCNF request for comment on the tax.

ObamaTrade “Fast Track” Still Alive Despite Senate Smack Down

Written by for the NEW AMERICAN MAGAZINE

Opponents of the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnersdhip (TTIP) rejoiced over the Senate’s May 12 thumbs-down vote on Trade Promotion Authority (TPA), but another TPA/Fast Track match is looming, as lobbyists, the White House, the GOP, and Dems work out backroom deals.

The 52-45 cloture vote in the Senate on Tuesday fell short of the 60 votes needed to cut off the Democrats’ filibuster and bring the Trade Promotion Authority bill to the Senate floor. The vote, which pitted the Obama White House and Senate Republicans against the president’s own party, has been reported in most of the establishment media as a “stinging defeat” for President Obama on one of his top agenda items. However, all is not as it seems on the surface, and some analysts who have been following the TPP/TTIP negotiations and legislation very closely warn that unless opponents keep up the pressure — and increase it — the next Senate Fast Track vote (which may come before the Memorial Day break) is likely to flip in the other direction.

Larry Greenley, who tracks legislation for The John Birch Society, says the May 12 cloture vote is positive in the sense that it has delayed Fast Track and shows that there is sufficient public opposition to the pseudo-free trade agenda to make many Democratic politicians nervous about voting for it. But, he told The New American, the “Nay” votes include Democrats who have already committed to supporting TPA and TPP, and who will likely switch to the “Yea” side on the next TPA vote. He points, for instance, to Senators Bennet (Colo.), Cantwell (Wash.), Feinstein (Calif.), McCaskill (Mo.), Murray (Wash.), Nelson (Fla.), Warner (Va.), and Wyden (Ore.) as likely flip votes in the next round. “Opponents of the TPA and TPP/TTIP should not read too much into this vote, or think that it means we’ve defeated Fast Track” and the ObamaTrade bills, Greenley said. “The real tests on these issues are yet to come.”

Why, then, did the Democrats vote en masse against giving President Obama Fast Track authority? Leverage, for one thing; protective coloration for another. The Democrats that favor the Trans-Pacific Partnership want to expand it, to wrap several more features into it. They insist that the TPA must contain Trade Adjustment Assistance, to provide government assistance to workers and businesses adversely affected by the TPP; a customs bill; and measures against foreign currency manipulation.

Also, many of the Democrats who intend, ultimately, to vote for the TPA and TPP know that doing so will cause a large chunk of their base — particularly organized labor — to retaliate against them on election day. To soften that backlash, they need to have a vote they can show to union voters indicating that they opposed TPA. The May 12 vote has provided them with that cover; they can point to that roll call and declare that they fought to make the TPP/TTIP work for the little guy, not just for the big corporate interests.

The Trade Promotion Authority (TPA) bill, as we have explained in more detail in previous articles (see here and here), is essential for passage of the TPP and TTIP. Virtually all of the pseudo-free trade agreements have depended on the TPA/Fast Track process to rush the complex agreements through Congress on an up-or-down, high-pressure vote, with very little time to examine or debate the text, and with no amendments or filibusters allowed.

The truly bizarre element in the TPA battle is the fervor of the Republican leadership in Congress demanding that their supposed arch-enemy, President Barack Obama, be given TPA powers to ram through, on the Fast Track, the secret TPP/TTIP agreements that he won’t even allow members of Congress full access to. With ObamaTrade, they would be handing him far more power than they did with ObamaCare. Republican Senator Mitch McConnell of Kentucky, the majority leader who has led this strange and destructive effort, sounded like an Obama White House sock puppet after the vote. “This is not a game,” McConnell said after the vote. “This is about trying to accomplish something important for the country that happens to be the president’s No. 1 domestic priority.”

McConnell and Senator Orrin Hatch (R-Utah) will be leading the GOP charge in this odd “bipartisan” effort to help President Obama round up the Senate Democrat votes he needs. Expect another vote on TPA very soon.

Editor’s note: On May 14, just hours after this article was published, the Senate agreed to invoke cloture and proceed with the TPA measure by a vote of 65 to 33.

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