Federal Law, 42 USC 18115: Freedom Not to Participate in Federal Health Insurance Programs, says that we do not have to opt into Obamacare and we cannot be penalized for not doing so. According to the Cornell University Law School, the law reads like this:
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.
So what does this mean for us? Well we will have to wait and see when this is brought to the attention of the IRS and they are challenged for penalizing us for not opting in. On it’s face, we do not have to participate in and cannot be penalized for opting out of Obamacare.
As being reported by the website, DC Clothesline, Florica Democratic Congresswoman, Debbie Wasserman Schultz, she confirmed this at a town hall meeting in Ft. Lauderdale, April 5, 2010. After being asked by an attendee, “Congresswoman, who gave you the right or the authority to determine whether or not I have to purchase health care?”, she replied:
We actually have not required in this law that you carry health insurance. Let me explain what we did: What we did is that, just like when you’re treated, that we categorize you differently in terms of your tax return when you’re married versus single, just like we categorize you differently when you are a homeowner versus someone who doesn’t own a home, just like we categorize you differently when you have children versus not having children — what we are doing is you will be in a different tax status if you carry insurance versus not carrying health insurance. So you can feel free to choose not to carry health insurance. That’s just going to be reflected in the tax category that you’re in on your tax return. But there is no requirement in this law that you must carry health insurance.
Wasserman says that you will placed into a different tax status if you don’t have insurance than those that do. You are free to choose not to carry health insurance but that will reflect on your tax return. A slimy, slippery way of saying that you will be penalized when you file your taxes if you choose to opt out of Obamacare. This statement refers to an IRS code (IRS code 26 USC 5000A: Requirement to Maintain Minimum Essential Coverage) that states that every individual after 2013, and any dependent, has to carry minimal 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.
The next section then continues, that any applicable individual, fails to meet the requirement to carry the minimum requirement, that they will be penalized.
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)
As usual, the lawmakers have no idea what they are passing. These two laws are in direct contradiction with each other. How can they enforce one without the other canceling it out? We all know that the law is illegal and cannot be enforced but fighting “city hall” isn’t going to be easy. We as Patriots are going to have to stand up for ourselves, as we know that Congress does not have our interest at heart. Take this information and contact your representatives and force them to repeal the “Affordable Care Act”.