Enforcing HR 3962. How does that work?

alan1 · Nov 14, 2009

Reading through HR 3962 (The house health care bill), I came across a few things that made me wonder how they will be enforced, and who will be forced to comply.

First this,

SEC. 216. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR UNINSURED YOUNG ADULTS.
(a) In General- A qualified health benefits plan shall make available, at the option of the principal enrollee under the plan, coverage for one or more qualified children (as defined in subsection (b)) of the enrollee.
(b) Qualified Child Defined- In this section, the term `qualified child' means, with respect to a principal enrollee in a qualified health benefits plan, an individual who (but for age) would be treated as a dependent child of the enrollee under such plan and who--
(1) is under 27 years of age; and
(2) is not enrolled in a health benefits plan other than under this section.
Click to expand...

Then this,

SEC. 412. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARD EMPLOYEE AND DEPENDENT COVERAGE.
(a) In General- An employer meets the requirements of this section with respect to an employee if the following requirements are met:
(1) OFFERING OF COVERAGE- The employer offers the coverage described in section 411(1). In the case of an Exchange-eligible employer, the employer may offer such coverage either through an Exchange-participating health benefits plan or other than through such a plan.
(2) EMPLOYER REQUIRED CONTRIBUTION- The employer timely pays to the issuer of such coverage an amount not less than the employer required contribution specified in subsection (b) for such coverage.
(3) PROVISION OF INFORMATION- The employer provides the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable, with such information as the Commissioner may require to ascertain compliance with the requirements of this section, including the following:
(A) The name, date, and employer identification number of the employer.
(B) A certification as to whether the employer offers to its full-time employees (and their dependents) the opportunity to enroll in a qualified health benefits plan or a current employment-based health plan (within the meaning of section 202(b)).
(C) If the employer certifies that the employer did offer to its full-time employees (and their dependents) the opportunity to so enroll--
(i) the months during the calendar year for which such coverage was available; and
(ii) the monthly premium for the lowest cost option in each of the enrollment categories under each such plan offered to employees.
(D) The name, address, and TIN of each full-time employee during the calendar year and the months (if any) during which such employee (and any dependents) were covered under any such plans.
Click to expand...

Finally this,

SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
`(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--
`(1) the taxpayer's modified adjusted gross income for the taxable year, over
`(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
Click to expand...

Which leads to my question,
Since my daughter is under 27, that means I am supposed to have her covered under my employers health care plan.
However, my daughter's employer is supposed to cover her under their health care plan.
If she has no health care coverage, who gets taxed/fined for it? Her or I?

Please supply a link for your quotes.

Edit by MM to add link, http://thomas.loc.gov/cgi-bin/query/D?c111:2:./temp/~c111ba7xs7::
Note: Links to The Library of Congress search often fail, if the above link does not work, go to the main page here, http://thomas.loc.gov/ then in the search box type in 'HR 3962', click on 'Bill Number' (it defaults to 'word/phrase'). From there, you can search on the specific section numbers I quoted.

chanel · Nov 14, 2009

Does the "dependent child" have to live with you? That is an excellent question MM. We don't even make parents provide meals for school aged children anymore but they are supposed to be responsible for their healthcare until they are almost 30. My 19 year old is covered under my policy and yet I am not permitted to see his records.How can I challenge a charge? It makes no sense.

Care4all · Nov 14, 2009

MountainMan said: ↑

Reading through HR 3962 (The house health care bill), I came across a few things that made me wonder how they will be enforced, and who will be forced to comply.

First this,

SEC. 216. REQUIRING THE OPTION OF EXTENSION OF DEPENDENT COVERAGE FOR UNINSURED YOUNG ADULTS.
(a) In General- A qualified health benefits plan shall make available, at the option of the principal enrollee under the plan, coverage for one or more qualified children (as defined in subsection (b)) of the enrollee.
(b) Qualified Child Defined- In this section, the term `qualified child' means, with respect to a principal enrollee in a qualified health benefits plan, an individual who (but for age) would be treated as a dependent child of the enrollee under such plan and who--
(1) is under 27 years of age; and
(2) is not enrolled in a health benefits plan other than under this section.
Click to expand...

Then this,

SEC. 412. EMPLOYER RESPONSIBILITY TO CONTRIBUTE TOWARD EMPLOYEE AND DEPENDENT COVERAGE.
(a) In General- An employer meets the requirements of this section with respect to an employee if the following requirements are met:
(1) OFFERING OF COVERAGE- The employer offers the coverage described in section 411(1). In the case of an Exchange-eligible employer, the employer may offer such coverage either through an Exchange-participating health benefits plan or other than through such a plan.
(2) EMPLOYER REQUIRED CONTRIBUTION- The employer timely pays to the issuer of such coverage an amount not less than the employer required contribution specified in subsection (b) for such coverage.
(3) PROVISION OF INFORMATION- The employer provides the Health Choices Commissioner, the Secretary of Labor, the Secretary of Health and Human Services, and the Secretary of the Treasury, as applicable, with such information as the Commissioner may require to ascertain compliance with the requirements of this section, including the following:
(A) The name, date, and employer identification number of the employer.
(B) A certification as to whether the employer offers to its full-time employees (and their dependents) the opportunity to enroll in a qualified health benefits plan or a current employment-based health plan (within the meaning of section 202(b)).
(C) If the employer certifies that the employer did offer to its full-time employees (and their dependents) the opportunity to so enroll--
(i) the months during the calendar year for which such coverage was available; and
(ii) the monthly premium for the lowest cost option in each of the enrollment categories under each such plan offered to employees.
(D) The name, address, and TIN of each full-time employee during the calendar year and the months (if any) during which such employee (and any dependents) were covered under any such plans.
Click to expand...

Finally this,

SEC. 59B. TAX ON INDIVIDUALS WITHOUT ACCEPTABLE HEALTH CARE COVERAGE.
`(a) Tax Imposed- In the case of any individual who does not meet the requirements of subsection (d) at any time during the taxable year, there is hereby imposed a tax equal to 2.5 percent of the excess of--
`(1) the taxpayer's modified adjusted gross income for the taxable year, over
`(2) the amount of gross income specified in section 6012(a)(1) with respect to the taxpayer.
Click to expand...

Which leads to my question,
Since my daughter is under 27, that means I am supposed to have her covered under my employers health care plan.
However, my daughter's employer is supposed to cover her under their health care plan.
If she has no health care coverage, who gets taxed/fined for it? Her or I?

Please supply a link for your quotes.

Edit by MM to add link, Search Results - THOMAS (Library of Congress)
Note: Links to The Library of Congress search often fail, if the above link does not work, go to the main page here, http://thomas.loc.gov/http://thomas.loc.gov/ then in the search box type in 'HR 3962', click on 'Bill Number' (it defaults to 'word/phrase'). From there, you can search on the specific section numbers I quoted.
Click to expand...

Does your daughter live with you? Do you supply most of her support? Can you claim this support on your income taxes?

I would say that since you said your daughter works and her company does supply health care with employer coverage, then she earns enough money to be supporting herself and you would not be claiming her in any manner on taxes, and she would be responsible....

not you.

alan1 · Nov 14, 2009

chanel said: ↑

Does the "dependent child" have to live with you? That is an excellent question MM. We don't even make parents provide meals for school aged children anymore but they are supposed to be responsible for their healthcare until they are almost 30. My 19 year old is covered under my policy and yet I am not permitted to see his records.How can I challenge a charge? It makes no sense.
Click to expand...

And, how does one define "Dependent Child"? My other daughter is a full time college student and is on my employer sponsored health care coverage plan. I haven't claimed her as a dependent (for tax purposes) for many years.

alan1 · Nov 14, 2009

It has come to my attention that some people are having difficulty with The Library of Congress website linked above, so here is a link to a pdf document of the bill.
http://www.gpo.gov/fdsys/pkg/BILLS-111hr3962IH/pdf/BILLS-111hr3962IH.pdf

Midnight Marauder · Nov 14, 2009

"Cuz there's a monster on the loose. It's got our heads thru a noose. And it just sits there, watching...."

alan1 · Nov 14, 2009

Care4all said: ↑

Does your daughter live with you? Do you supply most of her support? Can you claim this support on your income taxes?

I would say that since you said your daughter works and her company does supply health care with employer coverage, then she earns enough money to be supporting herself and you would not be claiming her in any manner on taxes, and she would be responsible....

not you.
Click to expand...

Neither of my daughters lives with me. The oldest definitely provides most of her own support, but I still help out. The youngest works also, but I probably still provide most of her support since she is in college. But I still haven't claimed her as a dependent (for tax purposes) for over 5 years. I let my ex-wife claim her as a dependent for a couple years even though I was the primary financial support. Neither of us has claimed her as a dependent since she turned 17.

Care4all · Nov 14, 2009

if your child lives with you and is younger than 27, you would be responsible I believe?

it depends on your insurance plan, the bill says that if your child would be covered according to your insurance policies rules as a dependent, other than for the age limitation it had, then your child would be considered your responsibility.

Many insurance policies state that once your child is out of college, even if living at home, you can not cover them on your family insurance plan.

Many insurance plans, require that your dependents on the insurance coverage live under the same roof...

all kinds of things, so basically, i don;t believe this section is clear.

Midnight Marauder · Nov 14, 2009

Care4all said: ↑

all kinds of things, so basically, i don;t believe this section is clear.
Click to expand...

Like the rest of the entire bill -- it is what they say it is at any given time they say so.

Purposeful ambiguity.

But, we want to be CLEAR: http://eipnetworks.com/clear.mp3

alan1 · Nov 14, 2009

Care4all said: ↑

if your child lives with you and is younger than 27, you would be responsible I believe?

it depends on your insurance plan, the bill says that if your child would be covered according to your insurance policies rules as a dependent, other than for the age limitation it had, then your child would be considered your responsibility.

Many insurance policies state that once your child is out of college, even if living at home, you can not cover them on your family insurance plan.

Many insurance plans, require that your dependents on the insurance coverage live under the same roof...

all kinds of things, so basically, i don;t believe this section is clear.
Click to expand...

That was part of my point in the OP. It is not clear where the responsibilities lay. 1900+ pages of government-speak is not the answer to anything.

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