Obamacare unenforceable

[Peter1469]

From the statute: (http://www.law.cornell.edu/uscode/text/42/18115)


Current through Pub. L. 113-52 (http://www.gpo.gov/fdsys/pkg/PLAW-113publ52/html/PLAW-113publ52.htm). (See Public Laws for the current Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)

No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.



And:


Current through Pub. L. 113-52 (http://www.gpo.gov/fdsys/pkg/PLAW-113publ52/html/PLAW-113publ52.htm). (See Public Laws for the current Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)

Source
(Pub. L. 111–148 (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=pubL&target=111-148), title I, § 1555,Mar. 23, 2010, 124 Stat. 260 (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=statRef&target=date:Mar. 23, 2010ch:nonestatnum:124_260).) References in Text

This Act, referred to in text, is Pub. L. 111–148 (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=pubL&target=111-148), Mar. 23, 2010, 124 Stat. 119 (http://www.law.cornell.edu/usc-cgi/get_external.cgi?type=statRef&target=date:Mar. 23, 2010ch:nonestatnum:124_119), known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 (http://www.law.cornell.edu/uscode/text/42/18001) of this title and Tables.



Any changes? No.


Current through Pub. L. 113-65 (http://www.gpo.gov/fdsys/pkg/PLAW-113publ65/html/PLAW-113publ65.htm). (See Public Laws for the current Congress (http://thomas.loc.gov/home/LegislativeData.php?n=PublicLaws).)

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel (http://uscode.house.gov/classification/tables.shtml).



42 USC
Description of Change
Session Year
Public Law
Statutes at Large

[Peter1469]

Note, this does not apply to the State plans (something to do with state innate authority versus the federal government's).

[Contrails]

U.S. Code (http://www.law.cornell.edu/uscode/text)› Title 26 (http://www.law.cornell.edu/uscode/text/26) › Subtitle D (http://www.law.cornell.edu/uscode/text/26/usc_sup_01_26_10_D) › Chapter 48 (http://www.law.cornell.edu/uscode/text/26/usc_sup_01_26_10_D_20_48) › § 5000A (http://www.law.cornell.edu/uscode/text/26/5000A)


(a) Requirement to maintain minimum essential coverage
An applicable individual shall for each month beginning after 2013 ensure that the individual, and any dependent of the individual who is an applicable individual, is covered under minimum essential coverage for such month.
(b) Shared responsibility payment
(1) In general If a taxpayer who is an applicable individual, or an applicable individual for whom the taxpayer is liable under paragraph (3), fails to meet the requirement of subsection (a) for 1 or more months, then, except as provided in subsection (e), there is hereby imposed on the taxpayer a penalty with respect to such failures in the amount determined under subsection (c).

Just because they are not required to participate in the exchanges doesn't mean that Obamacare is unenforceable.

[GrassrootsConservative]

U.S. Code (http://www.law.cornell.edu/uscode/text)› Title 26 (http://www.law.cornell.edu/uscode/text/26) › Subtitle D (http://www.law.cornell.edu/uscode/text/26/usc_sup_01_26_10_D) › Chapter 48 (http://www.law.cornell.edu/uscode/text/26/usc_sup_01_26_10_D_20_48) › § 5000A (http://www.law.cornell.edu/uscode/text/26/5000A)


Just because they are not required to participate in the exchanges doesn't mean that Obamacare is unenforceable.

How can something possibly be not required and also enforceable?

[Peter1469]

How can something possibly be not required and also enforceable?

It isn't. He is citing to the internal revenue code. If you pay your taxes in such a way as to owe the government, rather than get a refund, the IRS has no means to touch you. I shoot for owing the IRS ~$1000 every April 15th.

[Contrails]

How can something possibly be not required and also enforceable?

When they are not the same thing, of course. The health exchanges are not the whole of Obamacare. You're required to have health insurance, but it doesn't have to come from the health exchanges.

[zelmo1234]

What if my health insurance is that I pay cash for my care and I have the ability to do so?

[nathanbforrest45]

What is the difference between this and the fiction the IRS maintains that your taxes are "voluntary contributions".

[Cigar]

:grin:

[Contrails]

What if my health insurance is that I pay cash for my care and I have the ability to do so?

You can always request a letter from the Secretary of Health and Human Services recognizing this as "other coverage" under 26 USC 48.5000A(f)(1)(e).

[patrickt]

Peter, the King can merely wave his scepter and change the rules. No changes in the law are required.

And, I remember the television show Hogan's Heroes and Sgt. Schultz. "Ve haf ways of making you pay."

[patrickt]

A. The law is irrelevant. We've already seen that with Obamacare, the King can simply make law by waving his scepter.

B. The 16,500 IRS agents being hired will come to your house with a baseball bat and you will hear Sgt. Schultz from "Hogan's Heroes" saying, "Ve haf vays of making you pay."

[Codename Section]

LOL

https://scontent-b.xx.fbcdn.net/hphotos-frc1/t1/1002607_10151860268388001_485211778_n.png

[MrJimmyDale]

The 16,500 IRS agents being hired will come to your house with a baseball bat and you will hear...... They will have 16,499 agents at that point....:)

[Contrails]

Peter, the King can merely wave his scepter and change the rules. No changes in the law are required.
When the law already says that he can, sure.