How do you enforce a health-insurance mandate?
posted at 3:35 pm on September 3, 2009 by Ed Morrissey
The Kansas City Star seems a bit naive in asking this question. With HR3200 imposing mandates on all American residents to buy health insurance, how does the Obama administration plan to enforce it? After all, keeping track of the insurance status of more than 300 million seems a bit daunting to them:
If health care reform occurs, it is likely to include an individual mandate — a requirement that every American have health insurance.
In theory, health coverage would work something like the requirement that drivers buy auto insurance.
But everyone knows someone who has been hit by an uninsured, and sometimes even an unlicensed, driver.
So just how would an individual health insurance mandate work?
“I have difficulty understanding how we’d police the mandate,” said Truman Medical Center Chief Executive John Bluford. “It’s near impossible. People will game the system.”
Byron York has the answer, which is that HR3200 grants a large increase in power to one of the least-loved agencies in the American government:
But if the plan envisioned by President Barack Obama and Congressional Democrats is enacted, the primary federal bureaucracy responsible for implementing and enforcing national health care will be an old and familiar one: the Internal Revenue Service. Under the Democrats’ health care proposals, the already powerful — and already feared — IRS would wield even more power and extend its reach even farther into the lives of ordinary Americans, and the presidentially-appointed head of the new health care bureaucracy would have access to confidential IRS information about millions of individual taxpayers.
In short, health care reform, as currently envisioned by Democratic leaders, would be built on the foundation of an expanded and more intrusive IRS.
Under the various proposals now on the table, the IRS would become the main agency for determining who has an “acceptable” health insurance plan; for finding and punishing those who don’t have such a plan; for subsidizing individual health insurance costs through the issuance of a tax credits; and for enforcing the rules on those who attempt to opt out, abuse, or game the system. A substantial portion of H.R. 3200, the House health care bill, is devoted to amending the Internal Revenue Code of 1986 in order to give the IRS the authority to perform these new duties.
There is another aspect to this that has thus far escaped much discussion. The IRS will become the authority on “acceptable” insurance policies, which goes far beyond the agency’s expertise and mandate. What makes a tax-collection agency an expert on health insurance? Granted, they have as much expertise as 535 elected officials who can’t be bothered to read bills before voting on them, but that’s a pretty low bar to clear. The IRS exists to collect taxes, not to analyze health-care coverage. The government-controlled “exchanges” are bad enough as a licensing authority; why have the IRS duplicate it?
That leads to a more significant problem. When people worry about facing back-breaking fines for choosing insurance considered inadequate by the IRS, they will move to safer plans. That makes it difficult for insurers to innovate in ways that could be beneficial to both consumers and the health-care system’s efforts to control costs. The IRS will provide additional pressure on people to choose the “public plan” instead of risking IRS ire on private insurance, which is just another way to push private insurers out and push single-payer as the de facto result.
That is the result of having the most coercive of all government agencies in charge of enforcing the individual mandates — for which Congress has no authority to impose in the first place. The only way anyone can support ObamaCare is to love the IRS, which will become a much more intrusive presence in American lives under this plan.









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Which is illogical. If I’m not asking for pregnancy coverage, then my status shouldn’t matter.
True, though I have seen some rates as low as $70 a month advertised in other states, just not in Texas.
True, but I doubt Obama will allow a bill to pass without a public option. He’s simply invested too much into it.
Sure, but that’s not what they’ll have to pay out of pocket. These idiots are “fine” with higher taxes, specifically for other people.
Esthier on September 3, 2009 at 5:10 PM
heres a fun little fact that is actually quit funny in this. Of all US citizens who are required to pay taxes 15 % dont. Some get caught some dont.
so now we look at the claim that 46 million people dont have medical insurance. Lets see 300,000,000 people in the US 46 mil would be what… 15%. Well looks like the mandate is going to fix that wont it.
CaptainObvious on September 3, 2009 at 5:17 PM
It will be based on your income. More class warfare & redistributionism, anyone? The story actually does say:
If you thought people hated the IRS now…
CP on September 3, 2009 at 5:26 PM
Please forgive the off topoic post but
Olympia snowejob needs to be stopped !
Call her office and say you are from Maine and represent a group of seniors against obamacare. It doesn’t matter if you don’t live in Maine. Find a zip code and town name off the net and call her now. Or say you are a moderate dem who voted for her, and you are against obamacare or any public option. We need to burn her local Maine offices as well as Washington. Call her now before she caves to the libs. Call her now!!!!
texaninfidel on September 3, 2009 at 5:27 PM
CaptainObvious on September 3, 2009 at 5:17 PM
But the point is not actually about covering everyone, the point is about control and claiming that you are solving a health care crisis. Intending to do good matters more to a democrat than actually doing good. Witness the War on Poverty.
txmomof6 on September 3, 2009 at 5:31 PM
If you were truly repentant you would have quit posting this after the first day. Enough we have all seen it dozens of times now.
chemman on September 3, 2009 at 5:36 PM
It is becoming very obvious that we no longer have any real representation in either party. They are all in the same game on different teams, working together with the question being; will it be a dictatorship or a far left socialist goverment?
Our only hope has been shown in this past month; that we have to take controll of those we put into power, who have forgotten who put them there. Removing as many as possible from both sides of the isle is a good start, but to fix this we need a new national constitutionally based party. We need to elect representatives to congress to control what remains of the other two parties, and we need term limits on congress. Five terms for representatives, one for the senate. I also propose that to be elected to the senate require three terms as a representative in congress or state legistlator with one additional term as a representative in congress, or two terms as a governor of a state or one term as vice president. Of course none of that prevents corruption and nothing ever will, but at least we will have more control of those who represent us, without the loopholes that makes it difficult to unseat a sitting representative.
Franklyn on September 3, 2009 at 5:47 PM
But there is No Way the government can know if an employer has hired illegal aliens – AND – there is No Way an employer can know if a person is an illegal alien.
Therefore, nothing can be done about illegal immigration.
There are just too many people in the United States illegally for the government to do anything about it. Period!
However, if a person chooses not to have health insurance, well…
jaime on September 3, 2009 at 5:49 PM
txmomof6 on September 3, 2009 at 5:31 PM
yes I know thats not the point. Just pointing out that even on its face the argument that a mandate will create coverage is idiotic in that mandated taxes leaves the same number that fail to comply
CaptainObvious on September 3, 2009 at 5:52 PM
Damn, can government complicate life any more than they already have? Vote the bums out – all of them.
AASLT on September 3, 2009 at 5:59 PM
This is the winning strategy for 2010 and 2012.
J_Crater on September 3, 2009 at 6:05 PM
Now is always a good time to buy more ammo.
While you still have money…
ajacksonian on September 3, 2009 at 7:05 PM
I saw this weeks ago and have been writing, picketing and protesting against the entire bill. It doesn’t need to just have the government care provisions removed and no trigger added; the bill needs to be killed for many reasons including the IRS aspects.
Any idiot congressperson who supports the IRS involvement and the sending of our financial records to the federal health care bureaucracy should be horse whipped and removed from office immediately. Well, we know that is not possible, but it is nice to dream the impossible. But in 2010, I will not support any Democrat that has supported this bill, the stimulus or cap and trade (tax).
amr on September 3, 2009 at 7:28 PM
So…I have to buy health insurance to cover others who suffer because of me?
xblade on September 3, 2009 at 8:08 PM
You SHALL NOT PASS! O’care kicked to curb, stake driven thru the heart, and smashed into millions of pieces. Pieces burned. Ashes gleefully tossed into Boston Harbor.
indypat on September 3, 2009 at 8:37 PM
This is just some payback to the IRS for not imposing fines on the many Democrats who did NOT pay their taxes.
This also serves as proof that the IRS needs to go!
DannoJyd on September 3, 2009 at 9:13 PM
this is where i stated for the first time in my entire life
that i may be FORCED by the DEMOCRAPS
to LIE to the IRS about my income..
Why ?
Because i refuse to give it to the God Damned democrats
so they can WASTE my money on giving free
health care to every illegal drug smuggler crossing into the us from mexico..
Just so the democrats can make them instant citizens to taint our voting rolls in their favor..
Screw the democrats
I will LIE just like the Democrats do to the IRS
I will cheat just like the democrats do to the IRS
I will not pay my taxes just like obama and all of his appointees do publicy..
Screw the liberals
I am now going to do exactly what you are already doing
sometjhing i am not used to but all liberals are..
Lying, cheating, stealing, bearing false witness, tax evading,,
veteranoutrage on September 4, 2009 at 1:26 AM
This seems to be totally vulnerable to a 4th, 8th and 9th Amendment challenge — if the Supreme Court still rules on law when it gets there.
For instance, if I deface a postal drop, I’m liable to a $10,000 fine– after the government proves in a court of law, in front of a jury if I choose one, that I was guilty of the act beyond a reasonable doubt.
Pelosi & Co. seem to think that’s optional– we could just say the IRS may determine “excessive postal costs” impose a tax debt of $10,000; I just owe the money plus interest the day the IRS holds I owe it; and if I object I have to exhaust all internal IRS remedies before being allowed to sue them in court, where the burden is on me to prove they can’t charge me.
Chris_Balsz on September 4, 2009 at 4:47 PM
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