- Jun 6, 2007
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- 483
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Democrats in control in Washington today are showing they are a real underhanded and ethically depraved lot because they are ignoring enforcing portions of this American Rescue Plan (ARP) Act [HR1319] they just forced into law that are embarrassing to them; the Democrat Party could have gotten a one to one point two trillion dollar bi-partisan bill but no Democrats wanted to go on shopping spree on the nation's credit card and in doing so rushed the legislation and made some super embarrassing mistakes!
Democrats are claiming that this ARP act only provides the COBRA free insurance for individuals that enter a COBRA program after the enactment of the ARP law up until September 30, 2021 or that switched their health insurance plan in the COBRA program during this time period, but that is not what the ARP law says this law says everyone in the COBRA program during this time period gets the free COBRA health insurance this opens up the free health insurance to a lot of unemployed Americans and Americans with their hours cut. Democrats don't want to acknowledge this bad policy they should have stuck with the same policy of the bi-partisan 2009 Great Recession relief legislation and just paid sixty-five percent of the premium cost because otherwise it does not seem fair to all those low income workers who struggle to pay their premium for their employer sponsored health insurance when these layed-off workers are getting enhanced unemployment compensation where they get as much if not more income than when they worked plus free health insurance. The applicable provision in the ARP act is Section 9501:
"(1) PROVISION OF PREMIUM ASSISTANCE.—
(A) REDUCTION OF PREMIUMS PAYABLE.—In the case of any premium for a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending H. R. 1319—125 on September 30, 2021, for COBRA continuation coverage with respect to any assistance eligible individual described in paragraph (3), such individual shall be treated for purposes of any COBRA continuation provision as having paid in full the amount of such premium. -------------------------------------------
(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘‘assistance eligible individual’’ means, with respect to a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending on September 30, 2021, any individual that is a qualified beneficiary who— (A) is eligible for COBRA continuation coverage by reason of a qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual’s employment by such individual; and (B) elects such coverage. {nothing about excluding from this program individuals that have been in the COBRA program prior to enactment of this law}".
Democrats are not promulgating that the ARP act created the policy that beginning in 2020 and afterwards people whose income is below four hundred percent of the Federal Poverty Level (FPL) that purchase health insurance on the individual exchanges where they get an advance tax credit to help pay for the insurance premium cost and underestimate their income when applying for the credit compared to what their actual income ends up being do not have to pay back any portion of the excess credit they got that they were not entitled to. Democrats don't want to promulgate that policy because it is clearly a mistaken policy because it will encourage underestimating one's income for this economic demographic group when applying for health insurance on the exchanges and will ultimately increase the budgetary expense of this premium credit program thereby increasing America's yearly Budget deficit. In the American Recovery Plan Act the applicable provision is Section 9662 and the relevant specific provisions are:
"(a) IN GENERAL.—Section 36B(f)(2)(B) under of the Internal Revenue Code of 1986 {Special rules for adjusting taxes for actual income exceeding estimated income for individuals whose income is below 400% of FPL as it relates to the insurance premium credit} is amended by adding at the end the following new clause: ‘‘(iii) TEMPORARY MODIFICATION OF LIMITATION ON INCREASE.—In the case of any taxable year beginning in 2020, for any taxpayer who files for such taxable year an income tax return reconciling any advance payment of the credit under this section {the section for individuals below 400% of FPL}, the Secretary shall treat subparagraph (A) { the specific provision that says individuals have to pay back the credit they got they weren't entitled to get} as not applying.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2019.".
Democrats are claiming that this ARP act only provides the COBRA free insurance for individuals that enter a COBRA program after the enactment of the ARP law up until September 30, 2021 or that switched their health insurance plan in the COBRA program during this time period, but that is not what the ARP law says this law says everyone in the COBRA program during this time period gets the free COBRA health insurance this opens up the free health insurance to a lot of unemployed Americans and Americans with their hours cut. Democrats don't want to acknowledge this bad policy they should have stuck with the same policy of the bi-partisan 2009 Great Recession relief legislation and just paid sixty-five percent of the premium cost because otherwise it does not seem fair to all those low income workers who struggle to pay their premium for their employer sponsored health insurance when these layed-off workers are getting enhanced unemployment compensation where they get as much if not more income than when they worked plus free health insurance. The applicable provision in the ARP act is Section 9501:
"(1) PROVISION OF PREMIUM ASSISTANCE.—
(A) REDUCTION OF PREMIUMS PAYABLE.—In the case of any premium for a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending H. R. 1319—125 on September 30, 2021, for COBRA continuation coverage with respect to any assistance eligible individual described in paragraph (3), such individual shall be treated for purposes of any COBRA continuation provision as having paid in full the amount of such premium. -------------------------------------------
(3) ASSISTANCE ELIGIBLE INDIVIDUAL.—For purposes of this section, the term ‘‘assistance eligible individual’’ means, with respect to a period of coverage during the period beginning on the first day of the first month beginning after the date of the enactment of this Act, and ending on September 30, 2021, any individual that is a qualified beneficiary who— (A) is eligible for COBRA continuation coverage by reason of a qualifying event specified in section 603(2) of the Employee Retirement Income Security Act of 1974, section 4980B(f)(3)(B) of the Internal Revenue Code of 1986, or section 2203(2) of the Public Health Service Act, except for the voluntary termination of such individual’s employment by such individual; and (B) elects such coverage. {nothing about excluding from this program individuals that have been in the COBRA program prior to enactment of this law}".
Democrats are not promulgating that the ARP act created the policy that beginning in 2020 and afterwards people whose income is below four hundred percent of the Federal Poverty Level (FPL) that purchase health insurance on the individual exchanges where they get an advance tax credit to help pay for the insurance premium cost and underestimate their income when applying for the credit compared to what their actual income ends up being do not have to pay back any portion of the excess credit they got that they were not entitled to. Democrats don't want to promulgate that policy because it is clearly a mistaken policy because it will encourage underestimating one's income for this economic demographic group when applying for health insurance on the exchanges and will ultimately increase the budgetary expense of this premium credit program thereby increasing America's yearly Budget deficit. In the American Recovery Plan Act the applicable provision is Section 9662 and the relevant specific provisions are:
"(a) IN GENERAL.—Section 36B(f)(2)(B) under of the Internal Revenue Code of 1986 {Special rules for adjusting taxes for actual income exceeding estimated income for individuals whose income is below 400% of FPL as it relates to the insurance premium credit} is amended by adding at the end the following new clause: ‘‘(iii) TEMPORARY MODIFICATION OF LIMITATION ON INCREASE.—In the case of any taxable year beginning in 2020, for any taxpayer who files for such taxable year an income tax return reconciling any advance payment of the credit under this section {the section for individuals below 400% of FPL}, the Secretary shall treat subparagraph (A) { the specific provision that says individuals have to pay back the credit they got they weren't entitled to get} as not applying.’’. (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable years beginning after December 31, 2019.".
