Yesterday’s SCOTUScare ruling drew a gamut of reactions. While many are concentrating on the beautifully classic dissent written by Justice Scalia; others such as the President are pompously trumpeting their so-called win from the Rose Garden.
This case was about tax subsidies for individuals and the wrangling about whether the key phrase meant they were restricted to only state exchanges or could receive subsidies via the federal exchange. These tax credits or subsidies were to lower the cost of premiums.
The language in the statute indicates that there should be allowed a premium tax credit for “health plans offered in the individual market within a State which cover the taxpayer, the taxpayer’s spouse, or any dependent (as defined in section 152) of the taxpayer and which were enrolled in through an Exchange established by the State under 1311.” There was just one giant problem with this plan: a number of states did not (and do not) offer insurance exchanges. As states opted out, taxpayers signed up for the federal exchanges. When the IRS issued the Regulations (Regulations are the official interpretation of the Tax Code), the language applied to taxpayers participating in an Exchange. Exchange was defined as including “a State Exchange, regional Exchange, subsidiary Exchange and Federally-facilitated exchange.” In other words, under IRS Regulations, credits are available to eligible taxpayers who bought through the state and federal exchanges.
So, by definition, this ruling lets the IRS keep those regulations in place AND gives the IRS the job of issuing or denying tax credits to individuals desiring a subsidy to lower their premiums. Sure, this means this is a “win” for the IRS rule-writers, but is it a win for those who need health insurance? Is it a win for American taxpayers? I believe our readers know the answer as well as I do.
Think about it, the IRS now gets to play with healthcare. What could possibly go wrong? If you guessed Lois Lerner and the missing emails and hard drives you’d win the grand prize.
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