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Employers cannot escape The Obamacare

Employers cannot escape The Obamacare

It creeps, it crawls, it eats you alive!

http://youtu.be/kzkOx5dXXYo

It’s like The Blob.

It envelopes everything it touches.

It is The Obamacare.

Remember the good old day, when employers figured the mandate was no biggie because they could just send employees to the Obamacare exchanges and pay the mandate fine?

Good times never last, or in this case, never even started.

The NY Times reports:

Many employers had thought they could shift health costs to the government by sending their employees to a health insurance exchange with a tax-free contribution of cash to help pay premiums, but the Obama administration has squelched the idea in a new ruling. Such arrangements do not satisfy the health care law, the administration said, and employers may be subject to a tax penalty of $100 a day — or $36,500 a year — for each employee who goes into the individual marketplace.

The ruling this month, by the Internal Revenue Service, blocks any wholesale move by employers to dump employees into the exchanges.

Under a central provision of the health care law, larger employers are required to offer health coverage to full-time workers, or else the employers may be subject to penalties.

Many employers — some that now offer coverage and some that do not — had concluded that it would be cheaper to provide each employee with a lump sum of money to buy insurance on an exchange, instead of providing coverage directly.

But the Obama administration raised objections, contained in an authoritative question-and-answer document released by the Internal Revenue Service, in consultation with other agencies.

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Comments

Wouldn’t it be nice if the IRS and other federal agencies were strictly limited to enforcing laws that were actually written by congress instead of making it up as they go along?

    genes in reply to Sanddog. | May 27, 2014 at 7:36 pm

    If they did that, they would have to reduce staffing by 50 to 90%, depending on agency.

    stevewhitemd in reply to Sanddog. | May 27, 2014 at 9:28 pm

    Somewhere in the 2000+ pages there’s undoubtedly a regulation (put there by the ever thoughtful Chuckie Schumer and Barney Frank) that lets the IRS do whatever it pleases. They did that on the Dodd-Frank Act — wrote the regulations to be so vague as to let the SEC do whatever it wants. So I’m guessing the IRS got the same privilege.

    Steven H in reply to Sanddog. | May 27, 2014 at 11:32 pm

    Promulgating the rules under laws is what the executive is supposed to do. This is how all laws are implemented and enforced. Congress has the power to clarify the law by passing more legislation if they think the rules run counter their intent.

    But if Congress did pass such a law to clarify their intent exactly what would be the theory of the intent? As I see it that intent would be to give employers the flexibility to burden the government with more subsidies to those who can’t afford the premiums. Which would be a curious intent indeed and not one to which many fiscal conservatives would sign on.

      ConradCA in reply to Steven H. | May 29, 2014 at 12:31 am

      “But if Congress did pass such a law to clarify their intent exactly what would be the theory of the intent? As I see it that intent would be to give employers the flexibility to burden the government with more subsidies to those who can’t afford the premiums. Which would be a curious intent indeed and not one to which many fiscal conservatives would sign on.”

      What your arguing for is making it illegal to fire people. The results of Tyrant Obama the Liar’s decree is that businesses will fire more people and more of them will go out of business.

    RickCaird in reply to Sanddog. | May 29, 2014 at 2:28 pm

    I would like to know where the IRS gets the legal authority to level the $100/day fine. I have a feeling that is another administrative rule that could not survive a court challenge.

It’s a tax. Roberts said so, and the NYT calls the $36,500 a tax. Taxation without representation, anyone? It’s bad enough with representation.

sort of pisses me off that benefits given were a direct result of feds interfering with max wages a company could pay so company offered benefits instead and now those benefits are considered a right.
if I owned a large company I think I would eat the costs and break apart into thousand 40 employee units and fire the excess.
votes matter people.

    ConradCA in reply to dmacleo. | May 29, 2014 at 12:33 am

    Look at the bumper stickers on their cars and layoff those with Obama or Democratic leanings. Furthermore, they should have promised that if Tyrant Obama the Liar was reelected their would be massive layoffs.

Henry Hawkins | May 27, 2014 at 8:29 pm

These ongoing Obamacare amendments are mostly for staving off the bad stuff till after the 2012 election – and now the 2014 midterms – and likely the 2016 presidential as well.

I know there are multitudes of lawsuits over various aspects of the law, but at some point you have to hope some sensible federal judge is going to strike the whole monstrosity down as unconstitutionally constructed in ad hoc fashion without proper involvement of congress.

You have to hope…

The obvious solution is to make all your employees “paet-time”

Jan. 20, 2017 1pm

The President: “With this pen, I sign my first Executive Order, granting Universal Waivers from the Affordable Care Act to every American”

“And now I turn my attention to my own employees in the Executive Branch. All of you – including the IRS, EPA, FBI and DHS – are fired. You may not apply for a state or federal job for a period of 8 years”

Humphrey's Executor | May 27, 2014 at 9:56 pm

This is exactly what I’m doing in my little enterprise and was told a could do by my accountant and insurance agent. And I knew it was too good to be true. I wonder when this new f’ing rule takes effect.

Wouldn’t this new ruling be grounds for a new series of lawsuits? The government is now saying not only are individuals forced to buy health insurance, but employers are forced to provide non-government led health insurance to all employees. Government is now essentially forcing companies to pay a minimum benefit to employees, certainly that doesn’t pass the tax-test.

Survivor’s tax.

0bamaCare: The gift that keeps on giving. Or was that the clap?

You know how some legal documents have this oxymoron “This page has been deliberately left blank.”? Did they have blank pages so they could fill them in later?

The American Hospital Association, AMA and insurance industry were all-in on Obamecare. They are slowly regretting their support.

Obama: Dear business owners: You are all hereby ordered to go bankrupt. Have a nice day.

    JackRussellTerrierist in reply to JohnC. | May 29, 2014 at 12:03 am

    Obastard has actually said that about small business, in slightly different words.