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Is the Mandate Unenforceable? (Uhmmm,errr, maybe not!)
The Corner at NRO ^ | 26 March 2010 | Daniel Foster

Posted on 03/26/2010 3:44:57 PM PDT by SE Mom

According to a report by Congress's Joint Committee on Taxation, the individual mandate in Obamacare lacks any real enforcement mechanism:

The penalty applies to any period the individual does not maintain minimum essential coverage and is determined monthly. The penalty is assessed through the Code and accounted for as an additional amount of Federal tax owed. However, it is not subject to the enforcement provisions of subtitle F of the Code. The use of liens and seizures otherwise authorized for collection of taxes does not apply to the collection of this penalty. Non-compliance with the personal responsibility requirement to have health coverage is not subject to criminal or civil penalties under the Code and interest does not accrue for failure to pay such assessments in a timely manner.

(h/t to Morgen Richmond at BigGovernment.)

This is probably, to echo the vice-president, a B.F.D. Without effective enforcement of the individual mandate, and with proscriptions against denying coverage on preexisting conditions, you've got yourself the potential for a pretty big moral hazard.

Pass the bill to find out what is in it. Or what ain't.


TOPICS: Crime/Corruption; Front Page News; News/Current Events
KEYWORDS: corruptcongress; healthcare
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This COULD be huge.
1 posted on 03/26/2010 3:44:57 PM PDT by SE Mom
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To: SE Mom

They’ll fix that loophole retroactively...like everything else....red


2 posted on 03/26/2010 3:47:16 PM PDT by rednek ("Light travels faster than sound. This is why some people appear bright until you hear them speak.")
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To: SE Mom

http://biggovernment.com/mrichmond/2010/03/26/joint-committee-on-taxation-confirms-that-obamacare-does-not-enforce-individual-mandate/

Here’s the piece Daniel links to at the Big Government site.

I’m thinking it wasn’t cocaine but CRACK these legislators were smoking when they wrote this damned bill.

Happy Birthday, Ms. Pelosi!


3 posted on 03/26/2010 3:47:21 PM PDT by SE Mom (Proud mom of an Iraq war combat veteran)
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To: SE Mom

The IRS is the enforcer.


4 posted on 03/26/2010 3:47:40 PM PDT by diamond6 (Pray the Rosary to defeat Obamacare!!)
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To: diamond6

16,500 of them......


5 posted on 03/26/2010 3:48:44 PM PDT by cranked
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To: SE Mom
you've got yourself the potential for a pretty big moral hazard.

Since when did morality matter to a democrat?

6 posted on 03/26/2010 3:49:13 PM PDT by greyfoxx39 (I used to eat a lot of natural foods until I learned that most people die of natural causes.)
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To: SE Mom
Well...my suggestion is initially that EVERYONE lie on the form until you are required to physically prove insurance through some sort of documentation. When required for proof, type up an 'affadavit of self-insurance' stating that you believe you are invulnerable and lucky and that anything bad that will happen to you will be somebody else's fault and then you intend to "sue the bejiggers off them!"

It is then up to them to determine if your 'policy' meets minimum standards. (Oh!....almost forgot..your affadavit should only cover the calendar year for the year you are tagged by them.....when they try to fine for X more years, go through the same process for each year...)

7 posted on 03/26/2010 3:49:35 PM PDT by Gaffer ("Profling: The only profile I need is a chalk outline around their dead ass!")
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To: diamond6

per the article Daniel linked to:

~snip~

Because without an effective mechanism of enforcing the individual mandate, the entire system is likely to collapse. (The individual mandate is the “third leg of the stool” as many a liberal has been pointing out for months.) Given that the bill also bans insurance companies from denying coverage based on pre-existing conditions, WHY WOULD ANYONE OBTAIN INSURANCE COVERAGE PRIOR TO NEEDING IT? This was already going to be a problem with the relatively low cost of the penalty, but take away any meaningful enforcement of it and it is a complete and total joke.

~snip~


8 posted on 03/26/2010 3:49:54 PM PDT by SE Mom (Proud mom of an Iraq war combat veteran)
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To: cranked
16,500 of them..

On top of the 104,000 the IRS already employs.

9 posted on 03/26/2010 3:52:58 PM PDT by VeniVidiVici (Alfred E. Neuman for President! Oh, wait a minute ...)
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To: SE Mom

The presumption here is that the rule of law still means something in America. Those who still believe so are in for a very rude awakening.


10 posted on 03/26/2010 3:53:47 PM PDT by Noumenon ("Upon what meat doth this our Caesar feed, that he has grown so great?" - Julius Caesar)
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To: SE Mom
'Third leg of a stool'?

It's a stool, alright. A big, nasty, smelly, heaping stool.

11 posted on 03/26/2010 3:54:27 PM PDT by 60Gunner (But there's this one particular harbor...)
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To: SE Mom

Am I missing something? If the mandate is fake, the insurance industry will collapse under the weight of people signing up after they acquire pre-existing conditions.

So instead of a mandate, the provision is essentially a smokescreen for inevitable single-payer. Which is worse than a mandate, IMO.


12 posted on 03/26/2010 3:54:47 PM PDT by cmj328 (Got ruthless?)
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To: cmj328

See post # 8...” the entire system is likely to collapse....


13 posted on 03/26/2010 3:56:19 PM PDT by SE Mom (Proud mom of an Iraq war combat veteran)
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To: SE Mom

The title of this article is confusing when viewed in relation to its actual content....


14 posted on 03/26/2010 3:56:45 PM PDT by Mister Muggles (.Seattle: A city full of Liberal men with vaginas.)
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To: cmj328

“...the insurance industry will collapse under the weight...”
-
And THAT, my FRiend, is the plan.


15 posted on 03/26/2010 3:57:14 PM PDT by Repeal The 17th (Greetings, and how are you today, comrade?)
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To: cmj328

If they attempt to fix all of the problems - pre-existing conditions, up to age 26, and now this enforcement - all they do is open the wound again for the people. That is not going to be good for the Dems.

Add on to that, if the enforcement fix is made - and it comes to light that the IRS is the enforcement arm - then that is not going to be good for the Dems either.

Popcorn please ... this is not over it appears.


16 posted on 03/26/2010 3:58:30 PM PDT by Free America52 (The White guys are getting pissed off. We beat Hitler Hirohito and Krushchev. Obama will be easy.)
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To: Repeal The 17th

No wonder Weiner had a big grin when he was on with O’Reilly the other night.


17 posted on 03/26/2010 3:59:08 PM PDT by cmj328 (Got ruthless?)
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To: Free America52

If this was ruse to destroy the system, there will be hell to pay, I am afraid.


18 posted on 03/26/2010 3:59:50 PM PDT by Free America52 (The White guys are getting pissed off. We beat Hitler Hirohito and Krushchev. Obama will be easy.)
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To: Noumenon

Yup!


19 posted on 03/26/2010 4:00:57 PM PDT by mad_as_he$$
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To: Gaffer

That won’t work unless you never see a doctor.


20 posted on 03/26/2010 4:01:16 PM PDT by EBH (Our First Right...."it is the Right of the People to alter or to abolish it,")
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