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The Truth:
Many eRumors and opinions are still circulating about the Health Care Reform Bill
or HR-3200 which was abandoned for a new bill 1990 page bill
HR-3962
titled the "Affordable Health Care for America Act."
On
December 24, 2009 the Senate passed the "Patient Protection
and Affordable Care Act" by a yea-nay vote of 60-39. The House
version of the 2409 page bill is HR-3590. On
the afternoon of March 18, 2010 Congress announced that the House
posted an additional package, HR-4872 - Reconciliation Act of 2010, that contains 153 pages of fixes
to the Healthcare bill. On March 21, 2010, Congress passed the
two bills.
In November 2010 the
Republican Party won majority control of Congress on the campaign promise
that they would repeal Obamacare. The new GOP led Congress met on
January 19, 2011 to debate the repeal of the Health Care Reform Law.
They voted 245 to 189 in favor to repeal the bill. The
next step for the bill is to the Senate, where Majority Leader Harry
Reid, a Democrat from Nevada, has vowed to block it.
The text of HR-2 - Repealing the Job-Killing Health Care Law Act
can be found at this link:
Click for
HR-2
The current Patient
Protection and Affordable Care Act HR-3590 and the Reconciliation Act of
2010HR-4872 can be viewed on
the Thomas Library site:
Click for HR-3590
Click
for HR-4872
HR-3590 eRumors:
Medical
devices sold will now have a 2.3% Excise Tax-
Truth!
According to the
Internal Revenue Service, "section 4191 of the Internal Revenue Code
imposes an excise tax on the sale of certain medical devices by the
manufacturer or importer of the device." This is a 2.3 % of the
sale price of taxable medical devices and went into effect January 1,
2013. Some items are exempt from the tax, such as
eyeglasses, contact lenses and hearing aids. According to
the Internal Revenue Service, it is the manufacturer or importer of the
taxable medical device who is responsible for paying the excise tax, not
the consumer. Customers should not see any added taxes on their
sales slips but the cost of the actual item to
customers could increase as a result of this excise tax.
Some versions of this rumor include a photo of a sales slip from a
sporting goods chain and allege that the tax is included on sporting
equipment. The tax is not applicable on anything other than
the medical devices.
Real estate
sales will be taxed 3.8%- Mostly Truth!
Congressman
Mark Kirk of Illinois released a statement on
March 21, 2010 on HR-3590
saying that the health care bill will increase taxes "by imposing a new
3.8% tax on capital gains."
At first, it was believed that taxes and surcharges could be imposed on income over $250,000 for single
tax filers and $500,000 for married couples filing together. That
imposed tax is to help fund the $210 Billion needed to fund the new
Health Care Bill.
According to the National Board of Realtors, the new law will take
effect January 1, 2013 and "may impose a 3.8% tax on some (but not
all) income from interest, dividends, rents (less expenses) and capital
gains (less capital losses)." It said that this "tax will
fall only on individuals with an adjusted gross income (AGI) above
$200,000 and couples filing a joint return with more than $250,000 AGI."
To help realtors and
investors the National
Association of Realtors released a brochure that explains the new tax
called, The 3.8% Tax Real Estate Scenarios & Examples Effective
January 1, 2013.
Click here for a
copy of the brochure.
The actual tax increases may be generated by the HR-4872 Reconciliation
Act according a
March 21, 2010 article by Life and Health News Insurance News.
This is also confirmed
in a
March 25, 2010 article by CNNMoney.com that said, "couples making
$500,000 in wages will pay an additional $2,250. If they made $1
million, they would pay an additional $6,750. In addition,
high-income households would also be subject to a new 3.8% Medicare tax
on investment income starting in 2013."
Aspirin Tax become effective June 1, 2013-Truth!
&
Fiction!
Effective June 1, 2013, aspirin will be heavily taxed under
Obamacare. The only explanation given was that they are white and they
work. No other reason was given, but I thought you'd want to know about
it.
This is someone's attempt at humor but all kidding aside Obamacare not
affects consumer purchases of aspirin but it also affects all over the
counter medications and how consumers should purchase them.
According to a
July 5, 2012 article by Fox News there is a medicine cabinet tax in
Obamacare, "which since 2011 has barred the 13.5 million Americans with
Health Savings Accounts from purchasing over-the-counter medicines with
pre-tax funds."
This is not found in the text of HR-3590 but in the
Health Care and Education Reconciliation
Act of 2010 (HR-4872).
Under the old rules
prior to Obamacare consumers could use funds in their HSA or other
health insurance tax free savings accounts to purchase medication such
as aspirin or allergy drugs. According to the
HSA Resources website
funds from HSA may be used to pay for qualified
medical expense, such as ambulance costs, artificial limbs, birth
control pills,contact lenses, lab fees, and prescriptions.
Employer healthcare
insurance contributions on the 2011 W-2 form will be added to the
employee's gross income- Fiction!
The amount entered for
employer contributions to the health insurance plans on the W-2 form are
for evidence that the employee has health insurance coverage. This
amount will not be taxable nor added to the employee's gross income.
In an
April 5, 2010 article called "Health Care Reform: 13 Tax Changes on the
Way", Senior Tax Editor, Joan Pryde of the Washington D.C. based
Kiplinger Letters wrote about a "requirement that businesses include the
value of the health care benefits they provide to employees on W-2s,
beginning with W-2s for 2011. The amount reported is not considered
taxable income."
"The Mark of the Beast" in the Healthcare Bill-Fiction!
A new eRumor began circulating in early April 2010
that claims that the new healthcare reform bill includes requirements
for every American to have microchips implanted in their bodies that
would contain medical and other encoded personal information. The email
message says it may be a form of the "Mark of the Beast" indicated in
the Bible as one of the signs of the end of the world. It is not
true.
It refers to what is called in the health care legislation the "National
Medical Device Registry." The registry does exist in the bill but has
nothing to do with requiring implanted microchips in American citizens.
It proposes a national database of medical devices that have already
been put into people's bodies such as artificial knees, artificial hips,
heart stents, pacemakers, etc. The purpose of the registry is to track
the effectiveness and performance of the devices.
Whoever originated this eRumor took the wording from the bill about the
medical device registry and added their own interpretation that it
involved microchips and would apply to every person.
Individuals and
families can opt out of the health care system if they belong to a
religious organization that has a health care sharing ministry-Truth!
Members of some
religious organizations may claim a Religious Conscience Exemption if
their sects meet the conditions by having a health care sharing ministry
that is exempt from taxation under section 501(a).
Members of the Church
of Christ, Scientist (Christian Scientists), might not object to
medical care purchasing health insurance. The church's official
websites says that it teaches members that they "are always free to
choose medical treatment, which many individuals feel is the most
obvious solution to health difficulties." Members might be free to
enroll in the health care plan or opt out of it.
Amish do not believe
an accepting assistance from the government but according to the
frequently asked questions section on the
Amish.net web site, members
of the sect use local doctors, and if they have a medical condition that
requires them to do so, they will seek the help of medical
specialists or go to hospitals. The Amish subscribe to health
plans or purchase medical insurance and if they are sick, will treat the
ailments at home first.
Such individuals and
families will not be subject to the 2.5% tax. This is outlined on
pages 326-328 discuss religious conscience exemptions:
‘‘(2) RELIGIOUS EXEMPTIONS.—
‘‘(A) RELIGIOUS CONSCIENCE EXEMPTION.—Such term shall not include any
individual for any month if such individual has in effect an exemption
under section 1311(d)(4)(H)
of the Patient Protection and Affordable Care Act which certifies that
such individual is a member of a recognized religious sect or division
thereof described in section 1402(g)(1) and an adherent of established
tenets or teachings of such sect or division as described in such
section.
‘‘(B) HEALTH CARE SHARING MINISTRY.—
‘‘(i) IN GENERAL.—Such term shall not include any individual for any
month if such individual is a member of a health care sharing ministry
for the month.
‘‘(ii) HEALTH CARE SHARING MINISTRY.—The term ‘health care sharing
ministry’ means an organization—
‘‘(I) which is described in section 501(c)(3) and is exempt from
taxation under section 501(a),
‘‘(II) members of which share a common set of ethical or religious
beliefs and share medical expenses among members in accordance with
those beliefs and without regard to the State in which a member resides
or is employed,
‘‘(III) members of which retain membership even after they develop a
medical condition,
‘‘(IV) which (or a predecessor of which) has been in existence at all1
times since December 31, 1999, and medical expenses of its members have
been shared continuously and without interruption since at least
December 31, 1999, and
‘‘(V) which conducts an annual audit which is performed by an independent
certified public accounting firm in accordance with generally accepted
accounting principles and which is made available to the public upon
request.
A word about forwarded emails that
reference pages from the Affordable Healthcare Act:
One of the most common errors concerning the Affordable Healthcare
Act that is circulating on the Internet is when the messages reference page
numbers to the older versions of the bill. Text and page numbers from HR-3200 is
often found in messages, video and graphics that have gone viral on the
World Wide Web or social network cites such as Facebook.
Computer users should exercise discernment before passing them on.

Sample found on Facebook
Below is the entire text with line
numbers as it appeared in the HR-3590 document:
1
(D) COORDINATION
WITH PREVENTIVE LIM-
2ITS.—Nothing
in this paragraph shall be con-
3strued
to allow a plan to have a deductible under
4 the plan
apply to benefits described in section
5
2713 of the Public
Health Service Act.
6 (3) COST-SHARING.—In
this title—
7 (A) IN
GENERAL.—The term ‘‘cost-sharing’’
8 includes—
9 (i)
deductibles, coinsurance, copay-
10ments, or
similar charges; and
11 (ii) any
other expenditure required of
12 an insured
individual which is a qualified
13 medical
expense (within the meaning of sec-
14tion
223(d)(2) of the Internal Revenue Code
15 of 1986)
with respect to essential health ben-
16efits covered
under the plan.
17 (B) EXCEPTIONS.—Such
term does not in-
18clude
premiums, balance billing amounts for
19 non-network
providers, or spending for non-cov-
20ered
services.
21 (4) PREMIUM
ADJUSTMENT PERCENTAGE.—For
22 purposes of
paragraphs (1)(B)(i) and (2)(B)(i), the
23 premium
adjustment percentage for any calendar
24 year is the
percentage (if any) by which the average
25
per capita premium for health insurance
coverage in
The text above comes under the heading of "ANNUAL LIMITATION ON
DEDUCTIBLES FOR 13 EMPLOYER-SPONSORED PLANS" and there is no
mention of exemption of any elected members in government or their
families.
Additional information on the Affordable Healthcare Act can be found
at Healthcare.gov:
CLICK here.
HR-3200 eRumors:
There are many questions being raised about
President Obama's
new proposed health care bill and we will try to answer them.
The bill was introduced to Congress as the "America's
Affordable Health Choices Act of 2009" or H.R. 3200 on July 14,
2009. The Bill was sponsored by Representative John D.
Dingell of the15th district of Michigan. According to the Thomas
Library of Congress the bill was "referred to the Committee on Energy
and Commerce, and in addition to the Committees on Ways and Means,
Education and Labor, Oversight and Government Reform, and the Budget,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned."
As of July 28,
2009, The Thomas Library reports, "Latest Major Action: 7/21/2009 House
committee/subcommittee actions. Status: Committee Consideration and
Mark-up Session Held." The status of this bill
and text can be found at the Thomas Library by searching the bill number
H.R. 3200. Click for Thomas
Library.
Some of the emails
circulated about the proposed legislation may, at times, be quoting
previous versions of the bill.
Mandatory end of life counseling every
five years to instruct patients how to determine ways to end suffering-
Truth!
&
Fiction! To be excluded by the Senate!
On August 13, 2009 the Associated Press
reported that, "Key senators
are excluding a provision on end-of-life care from health overhaul
legislation after language in a House bill caused a furor."
Click for article
Betsy McCaughey, a former New York Lt.
Governor and conservative health activist, was interviewed on July 16,
2009 on the of former Senator and Presidential candidate Fred Thompson.
In the interview she stated that page 425 of the health care bill said
that everyone on Social Security & Medicare would have to undergo
mandatory counseling every five years to determine ways to end their
suffering. The counseling would be more frequent in the case of a
terminal illness.
McCaughhey’s comments dovetailed with several statements from critics of
the health care legislation who claimed that the same portion of the
bill could be used to promote euthanasia. House minority Leader
John Boehner and Republican Policy Committee Chairman Thaddeus McCotter
said that such concerns were valid. They are quoted by
LifeNews.com as saying, that the measure “could create a slippery slope
for a more permissive environment for euthanasia, mercy-killing, and
physican-assisted suicide because it does not clearly exclude counseling
about the supposed benefits of killing oneself.”
The Vice President of AARP, John Rother, disagrees. He said the bill
does not, in his view, create a problem of euthanasia. He said that
under the bill, Medicare would be required to cover the consultations
for the first time but does not mandate that people get end-of-life
consultation. He said that any consultation would be with the patient,
the doctor or nurse practitioner---not a government bureaucrat.
Pages 424 to 434 in the
proposed healthcare bill discusses Advance Care Planning and the
mandatory consultation is to discuss end of life services such as
hospice care and living wills.
Click for Fred Thompson interview.
Another eRumor originated by the American
Family Association warns of
Rationing and Euthanasia -
Disputed! and Fiction!
Don Wildmon of the American Family Association (eRumor example #3) warned
that Health Care Bill this could be the next next step towards
euthanasia. Assisted suicide and euthanasia are not
mentioned in the text of the bill and differ greatly from hospice care.
Both private medical insurance policies and the proposed Universal
Health Care plan have set limitations of coverage and deductibles could
be be defined as the "rationing" of benefits.
Another
eRumor includes a long list of concerns from the organization Family
Security Matters.
(eRumor Example #2)
Pg 22 of the HC Bill mandates
the Government will audit books of all employers that self insure.
-
A Matter of Interpretation!
The text of the bill
reads, "The Commissioner, in coordination with the Secretary of Health
and Human Services and the Secretary of Labor Secretary of Labor, shall
conduct a study of the large group insured and self-insured employer
health care markets." There is no mention of audits.
Pg 30 Sec 123 of HC bill — a Government
committee (good luck with that!) will decide what treatments/benefits a
person may receive. - Fiction!
The text of the bill
reads" IN GENERAL.—There is established a private-public advisory
committee which shall be a panel of medical and other experts to be
known as the Health Benefits Advisory Committee to recommend covered
benefits and essential, enhanced, and premium plans." There is no
mention of treatment procedures or policies.
Pg 29 lines 4-16 in the HC bill — YOUR HEALTHCARE
WILL BE RATIONED! (they call it allocated) -Disputed!
Rationing could be defined as the
controlled distribution of resources and goods or services.
This section of the
bill deal with
cost sharing and co-payments and annual limitations, The text of
the bill says, "The cost-sharing incurred under the essential benefits package
with respect to an individual (or family) for a year does not exceed the
applicable level specified in subparagraph." It is then
defined as $5,000 per individual and $10,000 per family each year.
The setting of co-payments and coverage limitations is a standard
procedure for all medical health plans.
Pg 42 of HC Bill — The Health Choices Commissioner
will choose your HC Benefits for you. -
Truth!
According to the text
of the bill, the commissioner's duties include the establishment and
enforcement of "qualified health benefits plan standards". The
list of his duties also includes the "establishment and operation of a
Health Insurance Exchange" and accountability.
PG 50 Section 152 in HC bill — HC will be provided
to ALL non US citizens, illegal or otherwise. -
Disputed!
There is no provision
to check for citizenship prior to receiving health services even though
there are the provisions:.
Section 152 is a
discrimination clause that basically said that all health services
"covered by this Act shall be provided without regard to personal
characteristics extraneous to the provision of high quality health care
or related services." Citizenship is not mentioned.
Section 246 on page 143 under the
heading of "NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS" said,
"Nothing in this subtitle shall allow Federal payments for affordability
credits on behalf of individuals who are not lawfully present in the
United States."
Pg 58 HC Bill — Government will have real-time
access to individual's finances and a National ID Health Card will be
issued!- Truth!
and Fiction!
Under the heading of
"STANDARDS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS", this section
is for a "real-time (or near realtime) determination of an individual’s
financial responsibility at the point of service and, to the extent
possible, prior to service, including whether the individual is eligible
for a specific service with a specific physician at a specific facility,
which may include utilization of a machine-readable health plan
beneficiary identification card" Co-payments which need to
be collected are part of the plan and it also appears that the new
health plan is designed to work with insurance supplement programs.
There is no mention in the bill that personal finance records would be
collected.
Pg 59 HC Bill lines 21-24 Government will have
direct access to your bank accts for election funds transfer. -A Matter of Interpretation!
This falls under the heading of
"STANDARDS FOR FINANCIAL AND ADMINISTRATIVE TRANSACTIONS" the bill
says,"enable electronic funds transfers, in order to allow automated
reconciliation with the related health care payment and remittance
advice." The text of the bill is not clear if the electronic
funds transfers means between the patient and the health care provider.
PG 65 Sec 164 is a payoff subsidized plan for retirees and their
families in Unions & community organizations (read: ACORN).-Fiction!
Section 164 deals with
"REINSURANCE PROGRAM FOR RETIREES" and says, "Not later than 90 days
after the date of the enactment of this Act, the Secretary of Health and
Human Services shall establish a temporary reinsurance program (in this
section referred to as the ‘‘reinsurance program’’) to provide
reimbursement to assist participating employment-based plans with the
cost of providing health benefits to retirees and to eligible spouses,
surviving spouses and dependents of such retirees."
Unions and community organizations (such as ACORN) do not appear to be
singled out in the text of the bill. Also, non union private
business that offer retirement plans and benefits for employees exist in
the country.
Pg 72 Lines 8-14 Government will create an HC Exchange to bring private
HC plans under Government control.
Was under
investigation at the time the bill was abandoned
PG 91 Lines 4-7 HC Bill — Government mandates linguistic appropriate
services. Example — Translators for illegal aliens. -
Truth!
& Fiction!
The text of the bill read, "CULTURALLY
AND LINGUISTICALLY APPROPRIATE SERVICES AND COMMUNICATIONS.—The entity
shall provide for culturally and linguistically appropriate
communication and health services." Translations Services
will be provided for those who do not speak English. Section 246 on page 143 under the
heading of "NO FEDERAL PAYMENT FOR UNDOCUMENTED ALIENS" said,
"Nothing in this subtitle shall allow Federal payments for affordability
credits on behalf of individuals who are not lawfully present in the
United States." This means no benefits provided to illegal
aliens.
Pg 95 HC Bill Lines 8-18 The Government will use groups, i.e. ACORN &
Americorps, to sign up individuals for Government HC plan.
Was under
investigation at the time the bill was abandoned
PG 85 Line 7 HC Bill — Specifics of Benefit Levels for Plans. AARP
members — your Health care WILL be rationed.
Was under
investigation at the time the bill was abandoned
PG 102 Lines 12-18 HC Bill — Medicaid Eligible Individuals will be
automatically enrolled in Medicaid. No choice.
Was under
investigation at the time the bill was abandoned
pg 124 lines 24-25 HC No company can sue Government on price fixing. No
"judicial review" against Government Monopoly.
Was under
investigation at the time the bill was abandoned
pg 127 Lines 1-16 HC Bill — Doctors/ AMA — The Government will tell YOU
what you can earn. Was under
investigation at the time the bill was abandoned
Pg 145 Line 15-17 An Employer MUST auto enroll employees into public
option plan. NO CHOICE, if he does not have employee insurance -plus he
is taxed up to 8%. Was under
investigation at the time the bill was abandoned
Pg 126 Lines 22-25 Employers MUST pay for HC for part time employees AND
their families. Was under
investigation at the time the bill was abandoned
Pg 170 Lines 1-3 HC Bill Any NONRESIDENT Alien is exempt from individual
taxes. (Americans will pay.)
Truth!
& Fiction!
Under the heading of PART
VIII—HEALTH CARE RELATED TAXES SUBPART A. TAX ON INDIVIDUALS
WITHOUT ACCEPTABLE HEALTH CARE COVERAGE. and ‘‘Subpart A—Tax on
Individuals Without Acceptable Health Care Coverage." There
will be a tax imposed of 2.5% of adjusted income on individuals
who do not medical health coverage that is deemed acceptable by the
plan.
A non resident alien can be
defined as a foreigner living and working in the United States on a
nonimmigrant visa.
If their income is effectively
connected with a trade or business in the United States, non
resident aliens are subject to same taxation as any US citizen,
according to the US Internal Revenue Service. According text
of the bill non resident aliens are not subject to the 2.5% of adjusted
income tax. The text of the bill does not
indicate that non resident aliens are eligible for benefits.
Pg 195 HC Bill -officers & employees of HC Admin (the GOVERNMENT) will
have access to ALL Americans' finances and personal records.
Was under
investigation at the time the bill was abandoned
PG 203 Line 14-15 HC — "The tax imposed under this section shall not be
treated as a tax" , Yes, it actually says that!!
Was under
investigation at the time the bill was abandoned
Pg 239 Line 14-24 HC Bill Government will reduce physician services for
Medicaid. Seniors, low income, poor affected.
Was under
investigation at the time the bill was abandoned
Pg 241 Line 6-8 HC Bill — Doctors — doesn't matter what specialty — will
all be paid the same. Was under
investigation at the time the bill was abandoned
PG 253 Line 10-18 Government sets value of Doctor's time, professional
judgment, etc. Literally, value of humans.
Was under
investigation at the time the bill was abandoned
PG 265 Sec 1131 Government mandates & controls productivity for private
HC industries. Was under
investigation at the time the bill was abandoned
Pg 317 L 13-20 OMG!! PROHIBITION on ownership/investment. Government
tells Doctors what/how much they can own.
Was under
investigation at the time the bill was abandoned
Pg 317-318 lines 21-25,1-3 PROHIBITION on expansion — Government will
mandate hospitals cannot expand.
Was under
investigation at the time the bill was abandoned
Pg 354 Sec 1177 — Government will RESTRICT enrollment of Special needs
people! Was under
investigation at the time the bill was abandoned
PG 425 Lines 4-12 Government mandates Advance Care Planning
Consultations. Think Senior Citizens end of life prodding.
Was under
investigation at the time the bill was abandoned
PG 425 Lines 22-25, 426 Lines 1-3 Government provides approved list of
end of life resources, guiding you in how to die.
Was under
investigation at the time the bill was abandoned
PG 427 Lines 15-24 Government mandates program for orders for end of
life. The Government has a say in how your life ends.
Was under
investigation at the time the bill was abandoned
PG 429 Lines 10-12 "advanced care consultation" may include an ORDER for
end of life plans. AN ORDER from the Government to end a life!
Was under
investigation at the time the bill was abandoned
Page 472 Lines 14-17 PAYMENT TO COMMUNITY-BASED ORGANIZATION. 1 monthly
payment to a community-based organization. (Like ACORN?)
Was under
investigation at the time the bill was abandoned
Click of Family
Security Matters article.
The ‘‘America’s Affordable Health
Choices Act of 2009’’ bill is 1019 pages long and can be viewed with
Adobe Reader at:
Click for text of
HR-3200.
Posted 07/15/10 Updated 05/25/13 |