Remember that our elected officials were told to pass the bill and then they could find out what is in it. Crazy way to create such a huge government program. We now know that in a couple of years you will be required to have health insurance. If you don’t there will be a fine that you will have to pay when you file your income tax return. The problem is that apparently there is no penalty for failing to pay this fine. Here is the wording according to Congress’s Joint Committee on Taxation:
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.
Think about it. 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. A young person might just say, “I don’t want to pay the fine since there is no penalty and if I get sick they can’t deny coverage.” And remember… it is the IRS that has to make the determination.
Pass the bill to find out what is in it. Or what ain't.
Watch for our upcoming FREE WEBINAR on health care after we have had a chance to digest the new law.
Larry Kopsa CPA
