It's In The Law

[TemplarKormac]

Hidden deep within the 2700 pages of the Patient Protection Affordable Care Act's Miscellaneous provisions, is a provision which prevents the government from forcing an individual, insurer or business into a federally sponsored healthcare insurance program; i.e. Obamacare. This provision is listed below:

42 USC § 18115 - Freedom not to participate in Federal health insurance programs (Pub. L. 111–148, title I, §1555, Mar. 23, 2010, 124 Stat. 260.)

Codification is as follows:

Title 42 – The Public Health and Welfare
Chapter 157 – Quality, Affordable Health Care For All Americans
Subchapter 6 – Miscellaneous Provisions
Section 18115 - Freedom Not to Participate in Federal Health Insurance Programs

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.

42 USC § 18115 - Freedom not to participate in Federal health insurance programs | Title 42 - The Public Health and Welfare | U.S. Code | LII / Legal Information Institute

CHAPTER 157—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS | House.gov

Meaning essentially, insurers didn't have to comply with the mandate. But nobody in Washington mentioned this provision. Nobody. So the employer and individual mandates was enforced, in spite of this part of the law. Oh what a tangled web we weave. If your employer is being made to comply with the employer mandate, show them this.

 

[TemplarKormac]

Interesting... the silence is deafening.

 

[Statistikhengst]

Of course they have to comply. If they don't want to use a government plan, then have have to come up with one of their own that is comparable or better.

What you are quoting is just plain old silliness.

 

[TemplarKormac]

Of course they have to comply. If they don't want to use a government plan, then have have to come up with one of their own that is comparable or better.

What you are quoting is just plain old silliness.

Absolutely not. Stat. That's Federal Law. No employer or insurer is required to participate in any federally mandated health insurance program. The Employer Mandate contradicts that provision. However, the wording is as clear as day.

 

[Mac1958]

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.

Hmm. Just talking out of my ass here -- a favorite pastime -- I wonder if this is only referring to an entity that offers health insurance, not an employer. So companies like Cigna or non-profit health insurer Kaiser are not required to offer insurance in any area, nor is a Kaiser or Cigna sales rep required to do so.

I dunno, caffeine hasn't kick in yet. I just have a hard time believing they'd let any private citizen off the hook from this beast.

.

 

[Politico]

Not buried. I saw it clear as day when I read the bill.

 

[TemplarKormac]

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.

Hmm. Just talking out of my ass here -- a favorite pastime -- I wonder if this is only referring to an entity that offers health insurance, not an employer. So companies like Cigna or non-profit health insurer Kaiser are not required to offer insurance in any area, nor is a Kaiser or Cigna sales rep required to do so.

I dunno, caffeine hasn't kick in yet. I just have a hard time believing they'd let any private citizen off the hook from this beast.

.

Notice, Mac, how it begins by saying "No individual.."

 

[Mac1958]

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.

Hmm. Just talking out of my ass here -- a favorite pastime -- I wonder if this is only referring to an entity that offers health insurance, not an employer. So companies like Cigna or non-profit health insurer Kaiser are not required to offer insurance in any area, nor is a Kaiser or Cigna sales rep required to do so.

I dunno, caffeine hasn't kick in yet. I just have a hard time believing they'd let any private citizen off the hook from this beast.

.

Notice, Mac, how it begins by saying "No individual.."

Yeah, that's why I'm thinking it may cover individual health insurance sales reps.

I have a guy to whom I refer all health insurance business, and he says a lot of good people just packed up and left the business.

.

 

[NYcarbineer]

Obamacare is not a federal health insurance program.

 

[JakeStarkey]

Having the free market right to not participate in ACA does not mean "insurers didn't have to comply with the mandate" if they do participate.

 

[Zoom-boing]

Hidden deep within the 2700 pages of the Patient Protection Affordable Care Act's Miscellaneous provisions, is a provision which prevents the government from forcing an individual, insurer or business into a federally sponsored healthcare insurance program; i.e. Obamacare. This provision is listed below:

42 USC § 18115 - Freedom not to participate in Federal health insurance programs (Pub. L. 111–148, title I, §1555, Mar. 23, 2010, 124 Stat. 260.)

Codification is as follows:

Title 42 – The Public Health and Welfare
Chapter 157 – Quality, Affordable Health Care For All Americans
Subchapter 6 – Miscellaneous Provisions
Section 18115 - Freedom Not to Participate in Federal Health Insurance Programs

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.

42 USC § 18115 - Freedom not to participate in Federal health insurance programs | Title 42 - The Public Health and Welfare | U.S. Code | LII / Legal Information Institute

CHAPTER 157—QUALITY, AFFORDABLE HEALTH CARE FOR ALL AMERICANS | House.gov

Meaning essentially, insurers didn't have to comply with the mandate. But nobody in Washington mentioned this provision. Nobody. So the employer and individual mandates was enforced, in spite of this part of the law. Oh what a tangled web we weave. If your employer is being made to comply with the employer mandate, show them this.

I'm reading this as no individual, company, etc, has to participate in the exchanges and will not be fined for not getting/providing insurance via the exchanges but that doesn't mean that the individual, companies, etc, don't have to comply with the mandate ... of purchasing 'compliant' insurance (individuals) or providing 'compliant' insurance (companies, business, etc).

I've read that some individuals were going to just purchase non-compliant insurance which is better and doesn't include things people don't want/need and then just pay any fine they may incur. How can someone purchase a non-compliant plan when, by law, all plans must now be compliant?

 

[peach174]

Obamacare is not a federal health insurance program.

Yes it is.
All Health Insurance, Hospitals and Doctors is now under complete Federal Control via the rules and regulations, even if they are not with a government program.

 

[NYcarbineer]

Obamacare is not a federal health insurance program.

Yes it is.
All Health Insurance, Hospitals and Doctors is now under complete Federal Control via the rules and regulations, even if they are not with a government program.

No. That's just stupid.

 

[WillowTree]

Obamacare is not a federal health insurance program.

Yes it is overseen by the IRS the wonderful federal bureaucracy known as the I RS deal with it

 

[NYcarbineer]

Obamacare is not a federal health insurance program.

Yes it is overseen by the IRS the wonderful federal bureaucracy known as the I RS deal with it

You're still an idiot. Obamacare is not a federal health insurance program.

 

[NYcarbineer]

Obamacare is not a federal health insurance program.

Yes it is.
All Health Insurance, Hospitals and Doctors is now under complete Federal Control via the rules and regulations, even if they are not with a government program.

Restaurants have to comply with federal regulations. That doesn't make make Burger King a federal government program.

What is wrong with you people? You are depressingly stupid.