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OBAMACARE DEBACLE - Update 3/27/2014

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  • OBAMACARE DEBACLE - Update 3/27/2014

    How Matt Drudge (and Other Obamacare Victims) Can Escape the “Liberty Tax”

    OpenMarket.org

    John Berlau
    3/25/2014

    Excerpt:

    Former Competitive Enterprise Institute Research Associate Michael Mayfield provided invaluable assistance with this post.

    Matt Drudge’s widely discussed tweet that he has already paid Obamacare’s “liberty tax” highlights the uncertainties the self-employed face both from the health care law and the tax code in general. As pointed out by an editorial in Investor’s Business Daily, “self-employed entrepreneurs ranging from Drudge to small-shop proprietors and independent contractors have long been aware of the requirement to estimate their tax liability and send a quarter of it in every three months, and that this amount includes ‘other taxes’ such as the ObamaCare opt-out penalty.”

    The threat of the IRS penalty from Obamacare’s individual mandate, perhaps more than the president yukking it up with comedians like Zach Galifianakis, may be driving the apparent pickup in enrollment in advance of the law’s March 31 deadline. “Worries over fines aid health insurance sign-ups,” reads the headline of a March 23 Wall Street Journal article. Even if the penalty this year is relatively small for many Americans, fear of the IRS can be a great motivator.

    The good news — for Drudge and other Americans who don’t want to buy an Obamacare-compliant plan due to personal objections or just plain cost — is that in many cases there is a practical escape hatch from the IRS penalty. And this option may end up offering better and more affordable care than Obamacare. The only catch is you’ve got to have a little faith.

    Buried in Section 1501 on page 148 of the so-called Patient Protection and Affordable Care Act is an exemption from the individual mandate for a “health care sharing ministry,” a group whose members “share a common set of ethical or religious beliefs and share medical expenses among members in accordance with those beliefs.” For any member of such group, the law says, “No penalty shall be imposed.”

    It’s somewhat of a mystery how those pushing the law allowed such a potentially large exemption to the individual mandate to be inserted in the first place. This is definitely a case in which the law’s supporters, four years after the law has passed, don’t seem to know what’s in it. But fortunately, many Americans are finding and utilizing this escape hatch.

    Health care ministries have been around since the 1990s, but they have grown by leaps and bounds since Obamacare passed and especially since the disastrous launch of the exchanges last fall. According to FoxNews.com, “Since the launch of HealthCare.gov on Oct. 1, membership at each of the ministries has exploded, with nearly 30,000 new enrollees — more than the number of people who selected a plan through Obamacare in 24 states.”

    Health care ministries are not insurance in the sense that there is no contractual obligation to cover any service. As described by CatholicVote.org, “It’s a program in which members make a monthly monetary donation which is matched with the needs of other members who face medical bills, thus covering each others’ medical costs through a program of mutual, voluntary giving.” Yet, the article notes:

    The programs are structured in such a way that it’s not just a “give what you want, when you can” situation. There are coverage levels. There are tiers. If you pay so much a month, your annual out-of-pocket expenses will be adjusted accordingly. It looks and feels a lot like insurance, and based on the satisfied testimonials of many who have participated over the years, it operates in a similar, if more personal way.

    Two out of the four health-care ministries eligible for the coverage exemption — Medi-Share and Christian Healthcare Ministries — have A-plus ratings from the Better Business Bureau. And Medi-Share utilizes the MutiPlan PHCS network, the same large physician providers network that many insurance companies use. So even if Medi-Share’s members pay for medical services out-of-pocket, they often get the same in-network discounts that insurance policyholders do.

    A January Religion News Service article found that monthly dues for Medi-Share for a family of four were almost $300 cheaper than the monthly premiums for a similar Obamacare insurance plan, though the Obamacare plan might be slightly cheaper if the family were eligible for all the subsidies offered (a big if!).

    Health care sharing ministries are similar to the voluntary mutual aid societies that supported many social welfare institutions in early 20th century America among nearly every demographic community. Mutual aid societies, including the Masons and the Odd Fellows, collected dues from each member and assisted members in need with covering the costs of necessities like medical care and funerals.

    In fact, as historian David Beito has documented, mutual aid societies were the primary source of health care coverage in many communities before the New Deal of the 1930s. “Mutual aid was a creature of necessity,” Beito writes in a Heritage Foundation paper, but “a reinvigoration of mutual aid … is not out of the question in the 21st century.”

    And now the Obamacare mandates on individuals, employers, and insurance firms, have left the descendants of mutual aid societies as the only entities left with pre-Obamacare freedoms. Ironically, a health-care ministry has more freedom to price for risk and to exclude coverage of certain items — whether for religious objections or budgetary reasons — than an insurance company. These savings can be passed on to members.

    Though it is a miracle that the health care ministry exemption exits at all in Obamacare, it is still unduly narrow. The exemption, for whatever reason, does not apply to any ministry created after December 31, 1999. So only four organizations meet the criteria.

    These four groups are Christian, but vary in membership requirements. According to Delaware’s The News Journal, “three of the four require members to share their Christian faith, attend church regularly, submit a letter of reference from their pastor and live by standards they say are mapped out in the Bible.”

    But the paper notes that one — Liberty HealthShare — “has a broader umbrella, inviting all who can embrace its members’ “shared beliefs” in God as the source of all rights and liberties, freedom to worship ‘the God of the Bible’ in his or her own way, the obligation to assist others, the duty to maintain a healthy lifestyle and the right to direct one’s own health care free of government dictates.” The Liberty HealthShare communications director told The News Journal that his ministry accepts Jews, Muslims, and same-sex couples as members.

    ...................................

    View the complete article at:

    http://www.openmarket.org/2014/03/25...e-liberty-tax/
    B. Steadman

  • #2
    ObamaCare’s Indefinitely Extended Deadline

    FrontPage Mag

    Arnold Ahlert
    3/27/2014

    The Obama administration’s contempt for the rule of law has hit a new low. On Tuesday night, federal officials revealed that Americans who claim they have been unable to enroll in healthcare plans on the federal exchange will be granted an extension past the March 31 deadline. “We are . . . making sure that we will be ready to help consumers who may be in line by the deadline to complete enrollment — either online or over the phone,” said Julie Bataille, director of the office of communications for the Centers for Medicare and Medicaid Services (CMS).

    The move reeks of desperation. Once again, as the administration did for calculating premium subsidies based on one’s income, no actual verification is necessary. People need only check a blue box on the HealthCare.gov website indicating that they tried to enroll before the deadline, and they will have until mid-April — or perhaps longer — to ask for an extension based on the “honor system.” In other words, the government will make no effort whatsoever to determine if people are telling the truth. HHS Secretary Kathleen Sebelius is immune to the absurdity. ”This is not an extension of open enrollment,” she told Michigan Fox 2 yesterday. “It is just saying, like you do on election day, if you’re in line to vote, we want to make sure you vote.”

    Of all the illegal and unconstitutional extensions implemented by the Obama administration, this one is the most egregious. Previously, when the president and his minions rewrote the bill passed by Congress, signed by the president and reverently described by Democrats and their media allies as the “law of the land,” they cited the “statutory authority” to do so.

    This time they can’t even hide behind that dubious facade. In a conference call with reporters on March 11, DHS officials insisted that March 31 was the hard deadline for ObamaCare enrollment. HHS official Julie Bataille took it one step further. ”We have no plans to extend the open enrollment period,” she promised. “In fact, we don’t actually have the statutory authority to extend the open enrollment period in 2014.” Michael Hash, who directs the Office of Health Reform at HHS, affirmed that statement, noting that the healthcare bill states that the HHS Secretary must set the deadline for open enrollment dates by June 2012. HHS Secretary Kathleen Sebelius did just that. ”Once that 2014 open enrollment period has been set, they are set permanently,” Hash declared.

    Sebelius herself also confirmed that reality a day later. During a March 12 congressional hearing she told Rep. Kevin Brady (R-TX) that there would be no extensions. “Are you going to delay the open enrollment beyond March 31?” Brady asked. “No, sir,” Sebelius replied.

    Despite such transparent lying, the Washington Post was more than up to the task of attempting to give the administration wiggle room. “The rules, which will apply to the federal exchanges operating in three dozen states, will essentially create a large loophole even as White House officials have repeatedly said that the March 31 deadline was firm,” the paper states. “The extra time will not technically alter the deadline but will create a broad new category of people eligible for what’s known as a special enrollment period.”

    So why would the administration need a “special enrollment period”? The implications are obvious: enrollment is nowhere near where the administration needs it to be. “I think success looks like at least 7 million people having signed up by the end of March 2014,” Sebelius said during an NBC News interview on September 30, 2013.

    The administration soon backed off that number, and Vice President Joe Biden ratcheted it down even further last month. ”We may not get to seven million, we may get to five or six, but that’s a hell of a start,” he said.

    Yet even Joe’s “hell of a start” is problematic. As the administration itself was forced to admit last week, at least 20 percent of so-called ObamaCare “enrollees” are people who haven’t paid their insurance premiums. “We can point you to major insurers who have placed that figure at 80 percent, give-or-take, depending on the insurer, but we don’t have specific data that is going to be in a reliable enough form to provide,” said White House Press Secretary Jay Carney. The White House has repeated that mantra, claiming that they only have data about those selecting plans, because those enrolled are expected to pay insurance companies directly.

    Two Republicans aren’t buying it. On Tuesday, David Camp (R-MI) and Rep. Kevin Brady (R-TX) announced they have uncovered “new evidence” that “strongly suggests that the administration knows who has enrolled and paid their first month’s premium.” They cited CMS regulations that require insurance companies to inform the agency of “the full enrollment and payment profile” for consumers on a month-to-month basis. A letter sent by Camp and Brady to Sebelius states, “On January 16, 2014, CMS posted a series of FAQs on the www.regtap.info portal. The portal is used by insurers to receive basic information about how to receive payments, what information is required of them and in what format, etc.” Based on the requirements contained in those guidelines, Camp and Brady contend ”there is specific information about who has paid their premium that Centers for Medicare and Medicaid Services (CMS) is collecting and using to make payments to insurers,” and they “want this information in its most updated form immediately.”

    HHS spokeswoman Joanne Peters indicated that HHS wouldn’t comply. “As we have said previously, information about who has paid his or her premium is collected by individual issuers and is not reported to CMS directly by enrollees,” she contended. “Until the automated payment and reporting system is completed and fully tested, and CMS is able to access individual enrollment and payment information from individual 834 forms, the payment information that CMS receives from insurers is neither final nor complete. When we have accurate and reliable data regarding premium payments, we will make that information available.”

    That in and of itself is a remarkable statement with respect to the 834 forms. Those are the forms that are supposed to be sent early each night from the federal exchange system to participating insurers, telling them who has signed up. In turn, insurers send each customer a bill, and those consumers have to pay their first month’s premium before coverage begins. The error rate, which had been as high as 25 percent last November, has ostensibly been reduced to 10 percent. Yet now the administration is admitting that the system has neither been completed nor tested. If that’s the case, how is it that the administration can give out any reliable numbers, even those regarding signups?

    Yet the administration has done just that, contending that 5.2 million Americans have signed up for the plan as of the middle of March. Thus it appears Sebelius and/or Peters is lying. Camp and Brady believe it is Sebelius, who they accuse of giving “evasive and perhaps misleading” testimony to the House Ways and Means Committee on March 14.

    So what? Sebelius is hardly the first Obama administration official to do that, and there have been no consequences whatsoever for any of them. Thus, when Peters insists the elimination of the deadline is due to a “surge in demand,” all we get from Republicans such as John Boehner (R-OH) are complaints, absent any threat of concrete action. “The dates are the dates, and the law is the law,” Boehner groused. “The president doesn’t have the authority to change the law whenever he wants, which he continues to do.”

    With impunity. A CMS source has told the Daily Mail there is no set date for the extended deadline, and the Washington Post insists that even if people can no longer get extensions through the HealthCare.gov website, “consumers will be able to request one through one of the federally sponsored call centers nationwide.” Comically, the paper further notes that the grounds for granting such an extension “will become narrower, matching rules for special enrollment periods that have existed for the past few months.”

    Sure they will — unless there’s another “fix” implemented, any time the administration decides to do it. Obama and company have made it clear there are no aspects of this law that are above manipulation.

    .................................................. ..

    View the complete article at:

    http://www.frontpagemag.com/2014/arn...nded-deadline/
    Last edited by bsteadman; 03-27-2014, 01:57 PM.
    B. Steadman

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