Florida Attorney General Questions Legality of Health Reform Tax
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The presumptive leader in the 2010 race for governor of the Sunshine State has launched a controversial public campaign to persuade Attorneys Generals in other states to join him in “launching a full review of the constitutionality of the individual mandate and potential legal options for States to pursue on behalf of their citizens should this mandate become law,” Florida Attorney General Bill McCollum writes in a letter to his AG peers.
The Senate recently approved a draft of the healthcare reform bill that provides for a mandatory tax of $700 to $4,000 against individuals who do not obtain health insurance coverage, either individually or through their employers, before 2013. The provision was added when lobbyists for the nation’s top health insurance companies successfully negotiated it in exchange for dropping an additional proposal that bans insurance companies from declining to provide coverage for people with pre-existing health conditions.
McCollum maintains that the tax would violate the provision of individual freedoms contained in both the United States Constitution and that of the State of Florida.
“I have grave concerns about the constitutionality of this mandate,” said McCullom. “Such a ‘living tax’ is worrisome because it would be levied on a person who does nothing, a person who simply wishes not to be forced to buy health insurance coverage…The mandate is especially troubling to Floridians who are guaranteed through the Florida Constitution to have ‘the right to be let alone and free from governmental intrusion into [their] private life.’”
In another public statement to the media, McCullom explained his stance against the proposed tax and threatens legal action if it becomes law.
“I am committed to pursuing any legal action necessary to defend (the rights)…of the more than 18 million individuals who call Florida home,” writes McCollum.
Earlier this year, McCollum announced his intent to seek the Republican nomination for Governor of Florida in 2010. He intends to replace Governor Charlie Crist, a fellow Florida Republican, after serving one term as Attorney General. McCollum is considered the frontrunner in the race for the nomination because Crist also served as AG for Florida before he took over the state’s highest office.
Democratic Senator Dan Gelber of Miami, who is running to replace McCullom as Attorney General, quickly criticized McCullom in a statement shortly after McCllom announced his intent to review the constitutionality of the healthcare tax.
“General McCollum’s decision to use his office to investigate ways to block health insurance reform is exactly why we need new leadership in the Attorney General’s office,” said Gelber. “There are four million Floridians without health care including 800,000 children. Only one state has a higher percentage of uninsured. I wish McCollum was as concerned about solving Florida’s health care crisis as he was about stopping the solving of the health care crisis.”
Douglas Thompson | April 21st, 2010 at 6:20 am #
Health Care Reform Act-intent for Change
For many years, America’s health brokers have been offering health insurance to individuals, small businesses and large businesses for decades, yet the enrollment statistics have revealed a steady decrease on an annual basis. The number of uninsured Americans is estimated to be as high as 30 million, and the Health Care Reform Act offers a solution. Not only will there be a higher enrollment number for America’s health brokers, but as of 2014, it will be required by law for every American to obtain health insurance. Every single American will be impacted by the New Health Reform Bill, making it one of the most important measures of the 21st Century.
Businesses
The main focus will be on businesses of 50 or more employees, in which they will be required to offer individual health plans, as well as family plans to all employees or face some stiff fines from the government. The amount comes to $2000 per uninsured employee, though there are exemptions to this fine. If you as an employer assist an individual with acquiring a personal health insurance plan through an open market called an exchange, then it would result in no fines. This only applies to an individual who makes a certain amount under the Federal Poverty Level, and the premiums are over 8% of his annual income.
America’s health brokers can rest easy in the fact that there will be expanded coverage, though there may be more competition. With the rise in individuals who will have health insurance, there may not be as large of a risk as one may assume. Though the new bill will require America’s health brokers to enroll individuals with pre-existing conditions, there will also be a new population of young individuals who will be insured with fewer health problems.
It is understood that larger companies already provide a group insurance plan (HMO, PPO) that covers all areas of needs for the population of employees. These policies will change very little, but there may be some changes in where the funding for the new health care plan will come. It is proposed that those making a certain amount of money, both individuals and couples, will be taxed at a higher percentage than others. This will provide money that can be used for the exchange and making sure that all individuals will be offered an affordable health plan.
There are still a few years before the plan goes into full effect, though some of the measures will be enforced immediately. There will be plenty of time to sort out the details and iron out the difficulties. As for the plan, anyone who does not have health insurance as of January 1, 2014, will be penalized a certain amount of money, and this amount could become worse if health insurance is continuously neglected. There has never been a better opportunity for America’s health brokers in terms of acquiring a new customer base-a broader customer base. Also, there has never been a better time in history for individuals being provided with the resources for the necessary medical treatment. This is a very unique time, with history in the making. Finally, there will be health care for all.
Douglas Thompson | April 22nd, 2010 at 3:23 am #
A Government proposal for Change-Health Care Reform Act
March 2010 may stand out as a monumental month for change with the Obama Administration-Americans can look forward to changes in the current health care system through the passing of the Health Care Reform Act. Though there are many details that need to be ironed out, there are many changes that have been established.
There are two factors that will have the largest impact for Americans and America’s health brokers:
1) The fact that as of 2014, it is required by law for employers to offer affordable health insurance plans to all employees.
2) As of 2014, all Americans will be required to acquire health insurance.
Employers-For businesses over 100 employees, there may not be many changes. The difference may be that part-time employees will be offered aid with a percentage of hours in relation to full-time employment. This will offer benefits to those who do not have that same opportunity currently as a part-time employee. With businesses under 100 employees, there will be opportunities for credits from the government to offer aid with those employees. A percentage will be paid, based on payroll that will pool to help those who acquire insurance through an exchange, where many of America’s health brokers will provide different affordable insurance plans for all individuals.
What is the incentive for employers to offer insurance?
Employers will face a fine of up to $2000 per employee for not providing insurance coverage to an individual employee. These fines can be diverted if the employer offers an alternative means to acquire insurance (which would require assistance through the exchange).
Individuals-As of 2014, all Americans (with the exception of certain special case individuals) will be required to carry some form of insurance. Insurance will either be offered through employment or affordable insurance can be purchased through the exchange. America’s Health brokers will offer many new plans and opportunities to acquire cheap health insurance.
What is the incentive for individuals to acquire insurance?
According to the law, there will be a penalty assessed to all Americans who fail to acquire health insurance by the year 2014. The fine will be originally set at $695 per person, per year. This will hopefully be enough to encourage those who are not insured to carry some form of low cost health insurance.
America’s health brokers will be seeing some changes that could affect them. Pre-existing conditions will no longer be applicable in denying insurance to children. As of 2014, America’s health brokers cannot deny health insurance to anyone due to a pre-existing condition. There are other factors that will change certain policies and conditions.
The Health Care Reform Bill is an opportunity to reorganize the condition of care that is offered in the United States. There are many issues that riddle the care of many Americans, so hopefully this will provide solutions to some of the larger issues. One key aspect is the fact that all Americans will have the opportunity to have health care. This will be advantageous in many aspects: Prescription medications, preventative care, and treatment.