What about waivers now that the mandate is a tax?

[jj-]

Taxes should be applied equally, so it seems there can be no room for waivers. I'm no lawyer, so please chime in.

This is the comment at HotAir (http://hotair.com/archives/2012/06/28/obamacare-was-the-conservative-dissent-on-the-mandate-originally-a-majority-opinion/) that made me wonder about this:


What of the waivers? If the mandate is really and legally a tax, then HHS can’t say some companies must be taxed while others (Mcdonalds) are exempt. Tax exemptions must be written in legislation. All the waivers happened after the bill was passed, and was only at the discretion of the Sec. of H.H.S. She can’t do that. Roberts has really turned this into chaos.

[ShowMeLiberty]

That is a very good question. It will be interesting to see how it plays out.

[Elwar]

How do I apply for a waiver?

[JustinTime]

The powers-that-be need the right to grant waivers. You cant expect them to screw over their buddies and people they need to buy off, can you?

[specsaregood]

How do I apply for a waiver?

I'm guessing enough "donations" in the right pockets will get you on the application list.

[MelissaWV]

It seems like if you are in the Medicaid "gap" created by striking down the expansion mandate, you can qualify for a waiver. I'm not sure what the income details are yet, but I noticed the two will very likely overlap. In other words, you make too much for Medicaid, but you don't make enough to afford insurance, so you still go without insurance, but you are granted a waiver to avoid the penalty.

Notice that it still results in someone being uninsured. I thought that was the point of the mandate? Hmmm. It's almost like there must be some other purpose, then.

[oyarde]

It seems like if you are in the Medicaid "gap" created by striking down the expansion mandate, you can qualify for a waiver. I'm not sure what the income details are yet, but I noticed the two will very likely overlap. In other words, you make too much for Medicaid, but you don't make enough to afford insurance, so you still go without insurance, but you are granted a waiver to avoid the penalty.

Notice that it still results in someone being uninsured. I thought that was the point of the mandate? Hmmm. It's almost like there must be some other purpose, then. ;), That is what I will be shooting for , to be in the Gap !!