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The CO-OP Consumer Protection Act (H.R.954), which passed last week on a 258-165 vote, would “amend the Internal Revenue Code of 1986 to exempt from the individual mandate certain individuals who had coverage under a terminated qualified health plan funded by the Consumer Operated and Oriented Plan (CO-OP) program.” Some of the failed non-profit CO-OPs - which American Action Forum president Douglas Holtz-Eakin called “the first version of the public option” - initially exceeded enrollment projections because they offered health insurance plans at a lower cost than private insurers.
However, for the same reason they also attracted a higher proportion of high-risk enrollees. Because they were not allowed to base premiums on members' health status, they were eventually unable to keep up with the escalating costs of providing coverage despite large government subsidies. “Now, 17 of the original 23 CO-OPs, which received more than $1.7 billion, have closed or are in the process of closing, with the remaining six also struggling to remain solvent,” said Rep. Adrian Smith (R-NE), the bill’s sponsor. “This is a simple bill rooted in fairness,” Smith told fellow House members. “It is absurd for the government to penalize consumers who tried to comply with the law but could not do so due to the law’s own failures.”
Republican Majority Leader Kevin McCarthy (R-CA) also spoke on the House floor in favor of the bill. “Obamacare is collapsing all around us. Insurers are backing out, people can’t afford the premiums, and even heavily subsidized CO-OPs are crashing,” he said, pointing out that many Americans were “left in the lurch” when their CO-OP failed. “So these people are left without insurance through no fault of their own – insurance they were forced to buy – and what is the response? What does Obamacare say? Tax them. Tax them for not having insurance,” McCarthy pointed out. “Now, I don’t know about you, Mr. Speaker, but isn’t that a little crazy?” McCarthy asked. “How can you punish people for not having insurance when the CO-OP they bought their insurance from goes under? It’s bad enough people are left without insurance because of the failures of Obamacare, but why should we have the IRS punish them on top of that?”
House Budget Committee Chairman Tom Price (R-GA), an orthopedic surgeon, also blasted the administration for trying to impose a tax penalty on people who lost their insurance coverage when their CO-OP failed. “The same law that encouraged people to sign up for these doomed CO-OPs – and did nothing while they imploded – is now penalizing folks who lost their coverage. This is ridiculous, and the American people should not have to put up with it,” Price said.
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