THE HILL
 

Pelosi bill: Jail for no insurance

By Dick Morris - 11/08/09 01:18 PM ET

By Dick Morris and Eileen McGann

The nonpartisan Joint Committee on Taxation reported that the House version of the healthcare bill specifies that those who don’t buy health insurance and do not pay the fine of about 2.5 percent of their income for failing to do so can face a penalty of up to five years in prison!

The bill describes the penalties as follows:

• Section 7203 — misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.

• Section 7201 — felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.” [page 3]

That anyone should face prison for not buying health insurance is simply incredible.

And how much will the stay-out-of-jail insurance cost? The Joint Committee noted that “according to a recent analysis by the Congressional Budget Office, the lowest-cost family non-group plan under HR 3862 [the Pelosi bill] would cost $15,000 by 2016.”

Obama’s bill only provides subsidies to help pay this enormous sum after families making about $45,000 have paid 8 percent of their income for insurance and after those earning a household income of about $65,000 have kicked in 12 percent.

The Joint Committee on Taxation noted that while the Senate Finance Committee version of the bill did not include criminal penalties, “The House Democrats’ bill, however, contains no similar language protecting American citizens from civil and criminal tax penalties that could include a $250,000 fine and five years in jail.”

Remember that simply buying catastrophic insurance, which may be all the young uninsured family needs, does not constitute having adequate insurance under the Obama bill. It has to be total, all-inclusive insurance for one to avoid the penalties in the legislation. That is because Obama wants to use these premiums from the currently uninsured to subsidize his program.

So Ms. Pelosi is requiring Americans to pay these steep premiums, or a fine of 2.5 percent of their income for not doing so, or, potentially, go to prison!

Anyone who is familiar with the U.S. prison system can attest to the large number of people incarcerated for similar white-collar offenses. That the House bill would treat failure to carry health insurance or pay the fine as tax evasion or willful nonpayment is amazing!

And where is the constitutional basis for requiring everyone to buy insurance? It is OK for a state to make drivers pay for automobile insurance? Driving is not a right, it is a privilege, and the state may regulate it by demanding insurance. Banks can require homeowners to buy insurance as a condition of their lending. But how does the federal government get the right to require a family to buy health insurance or face a civil penalty and, failing that, to face either a criminal fine or jail?

The tough penalties in the House bill are designed to keep insurance companies from opposing the bill. It was the relaxation of these penalties in the Senate Finance Committee version of the legislation that led the companies to reverse field and come out in opposition to the legislation. The insurance companies want to see their coffers swell when tens of millions of new customers are required to buy insurance. The more draconian the penalties for failing to pay them large sums of money to pad their bottom lines, the better.

The more you read this bill, the worse it gets.

Source:
http://thehill.com/blogs/pundits-blog/healthcare/66879-pelosi-bill-jail-for-no-insurance

Comments (60)

Since my previous comment seemingly never posted, let me try this again… @Smilinjack: You are absolutely correct. A quick search of HR3962 and Section 7302 will yield no results other than to right-wing whackjob websites because there is no such section in the bill. This propaganda was started in a letter by a Repugnant Congressman named Dave Camp (That's where [***] got the page 3 reference), yet there is absolutely nothing in the text of the bill that says what he claims it says. [***] sure is living up to his name with this kind of sloppy journalism. And then he has the cajones to end his tripe with a suggestion that he's actually read the bill? If he had, he would know that there is no Section 7302 in Titles IV or V, which are the relevant portions of the bill in terms of individual responsibility and mandate. Truly pathetic…BY Melissa on 11/08/2009 at 23:14
isn't it great how obama claims that the 2.5% 'fine' is not at all a 'tax', yet he would prosecute those who don't pay the 'fine' with the crime of tax evasion. so which is it barry? a tax or not? despite barry's reluctance to call it what it is, i think we all know the answer.BY ceanf on 11/08/2009 at 23:55
So, love it. We have real unemployment of 17%, but those people, when unable to buy insurance or pay fine, then go to jail? Ergo, they want to imprison people for being unemployed—while doing precisely nothing to fix the jobs problem. It's the backwards logic of this era.BY Deidre Knight on 11/09/2009 at 01:26
Pelosi's bid to make insurance mandatory or be jailed/fined not only is unconstitutiona l but it has a "fat chance in [***]" of being implemented! American Defense League, Rutherford Institute and other Christian based Legal firms who win court cases from those groups of people who wish to take religious liberties away from American citizens; will now be challenging the US Government with regards to its complete defiance of the US Bill of Rights/Constitution! And of Course, it will win. Our Government is counting on the fact that MOST people will wring their hands and say, "what can WE DO." Guess what! Plenty! The massive amount of individuals attending the "Tea Parties" were conveniently thumbed by the Democrats/Liberals. Mistake number one! Never underestimate the power of the people, especially if you P*$BY DMW on 11/09/2009 at 01:55
All of us who want to defend the Constitution, should come together and kick in money to bring a clase action suite and have an organization or a law firm fight against this.BY D.P on 11/09/2009 at 08:57
This is an atrocity. I'm not saying the system is perfect, but this is not the solution. President Obama's broken promises are ruining this beautiful country that has been the beacon of hope for the world. Healthcare isn't a right, and although I believe we can do something to make it more affordable, and more accessible - I don't believe jailing people is the solution.BY Chris Snow on 11/09/2009 at 09:06
May I remind folks the statement "YES WE CAN" is still "technically true," even when it ONLY applies to those partisan leaders working deals twisting arms behind closed doors! "WE" is not necessarily inclusive of "THE PEOPLE" anymore. Same thing for "'change' WE promised." Ramming through an unread, party-line-driven, economic takeover is Step 1 to so[***]m and technically IS an "empowering change…"BY Robert Curlin on 11/09/2009 at 09:08
""""What bull crap there are no sectiSection 7203 — misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.• Section 7201 — felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.” [page 3]"""""""*************** *******There are no sections 7203 or 7201 in the Bill. I have read it in it's entirety..Why are you lieing? The bill only has about 575 sections. You must be reading a fantasy.BY Red on 11/09/2009 at 09:54
Why can't people just give you the truth! left wing this, right wing this! WE are all Americans…Tell the truth, state the facts! There should be a law that a bill is for a single purpose only, nothing else is allowed in a bill to help it or hurt it! To much mumbo jumbo in crap these days! If you make something more than 1 page long,,,Your hiding something!!! and when your hiding something,, Your being Sneaky! And when your Sneaky! Well you have no right to be in Office representing American People! Its not the Amercian People who are UGLY its the Politicians, the dirty Representatives ,, Oh and One more thing, Interest Groups should be Outlawed! for Christ sake people, this is government ,, Not a BUSINESS! WE the People has been rewritten to WE THE BIG CORPORATIONS!BY ThaiKih on 11/09/2009 at 10:38
The Capitol should be surounded by Americans in great numbers and the treasonous Congress people that voted for this absurd violation of the Constitution should be removed and sent home without pay. Waiting another year to get them out will only lead to more problems.BY Vortis on 11/09/2009 at 10:51
smiling Jack you are the sad one. like the rest of the sheep wagging their little tales and following this keyan and polosi you just find your own little ways to twist it to your own liking. WE have good reason to fear these people that are so drunk on gaining more power that they will put anything in this hateful bill to make it rougher on the people that are already burdened down by the mess barry has made of this country.She is a dangerous person because she is insane. As is the whole health care scam they have come up with. They will take whatever they can to make this happen. never mindthe elderly that depend on medicare. And the taxes they are imposing and going to raise more yet. It is all democrat bs.BY mary  on 11/09/2009 at 12:09
OMG the stupidity of people that comment here. Sections 7201 and 7203 are Sections in the IRS code and are represented accurately. HR 3962 cleary states that if you do not have acceptable Health Coverage you are imposed a tax (2.5%) and that the IRS is in charge of collecting that tax. Since the IRS is empowered to collect the tax all of the laws and all of the sections pertaining to IRS are in effect.BY Jon on 11/09/2009 at 12:11
I am appalled by the Obama's approach to the health care problem. People don't have insurance - Obama makes it mandatory for people to have insurance.With the same logic he can fix also the unemployment - just make it mandatory for everybody to have a job. It is not a problem solving - it is tyranny.BY Ellie on 11/09/2009 at 13:11
@MelissaOf course there is no section 7203 in the bill. DUH!Section 7203 refers to the part of the IRS code one would be violating if they did not purchase insurance or paying the 2.5% tax instead.Had you actually done the simple Google search you preach about in your post you would know this.It would be nice if the libbies would stop blindly following their idiot leaders and think for themselves for a change. I know it will never happen as the average libby is incapable of thinking for themsleves but one can still dream can't they.BY Aaron on 11/09/2009 at 17:52
@Aaron Melissa's next arguement will be that "less than 1% of those auditied were put in jail blah blah blah" A total move of the goalposts. She is never right in these posting except in her own mind, which has a lot of empty space to contain her altered reality. Bottom line - HR 3962 empowers the IRS to collect a tax for failure to have mandated coverage and existing statues permits the IRS to fine you and imprison you if you fail to pay. Fact is a Fact.BY Jon on 11/09/2009 at 18:08
If you actually read the bill, and understood it, you would realize that section 7701 and 7703 refer to the TAX CODE which would be changed: "Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection:" Page 349 lines 6-9They are altering the tax code in this bill, to make it part of filing your taxes… It is in Part 2: Prevention of Tax Avoidance, Section 562, of the bill, which can be read online at http://www.scribd.com/doc/21804224/House-HCR-Bill#It is possible that Mr. Morris mis-read or mis-copied the actual number of tax code which was changed, since I have found references to sections 1563, 954, 7701, 6662, 6664, 6676, in just the 10 pages or so in section 562. But that does not mean that the impact of the Joint Committee on Taxation and the CBO is not accurate.Did you really think that by doing "But a quick Google search of H.R. 3962 and Section 7203 yields NO RESULTS" tells you everything you need to know? Try reading the bill next time!BY CherylSimpson on 11/09/2009 at 18:42
@TeabaggerAaron : Let's play a little game, okay? First, scroll back up to the part of [***]'s post that starts with "The bill describes…" Then read pages 297 through 308 of the actual bill here http://docs.house.gov/rules/health/111_ahcaa.pdf and let me know which page describes what [***] claims it describes. I'm even playing nice by singling out the specific title relating to amendments to the internal revenue code. When you can tell me the page number where all of this is described, I'll be happy to entertain more of your teabagging absurdities. Until then, you can sit on it and spin like a good bagboy.BY Melissa on 11/09/2009 at 19:42
@Teabagger Cheryl: I have read the bill, dipstick, and guess what?!? There is NOTHING in the bill that says ANYTHING about jail time. Isn't it funny how you cite Page 349 regarding a change in the tax code, yet you cannot cite the page that allegedly says you will go to jail for not having insurance? According to [***] Morris, the bill "describes" these penalties, and I stand by my assertion that he (and you by extension) are FOS. Now please stop wasting my time with these half-truths and fearmongering propaganda tactics.BY Melissa on 11/09/2009 at 19:46
And Teabagger Cheryl, allow me to add that [***] Morris didn't misread or miscopy anything other than the propaganda letter put forth by a Repugnant Congressman, as is evidenced by his page citation of the letter itself. If you really think he's read the bill as I have, I've got a nice beach property in Kansas to sell you. No wonder teabaggers are so easily led by the nose…BY Melissa on 11/09/2009 at 19:56
§7201 and §7203 are sections from US Code dealing with taxes. Careful reading of the actual Committee letter show this. So the House version of the health care bill establishes new requirements under which existing §7201 and §7203 penalties will affect us. If you connect the dots, the essence of the claims in this article is accurate.See:http://www.law.cornell.edu/uscode/26/usc_sec_26_0000 7201——000-.htmlandhttp://www.law.cornell.edu/uscode/26/usc_sec_26_0000 7203——000-.htmlAnd by default, if you factor in U.S. Code, TITLE 18, PART I, CHAPTER 44, § 922, you'll find that defying this usurpation of federal power can also result in turning a citizen into a "prohibited person," legally barred from owning a gun for life. Again, that's not specifically in the health care bill, but it's an undeniable consequence when you connect the dots.BY David Codrea on 11/09/2009 at 22:27

Add Comment

Name (required)

E-Mail (will not be published) (required)

Your Comments

You need Flash Player 8 (or higher) and JavaScript enabled to view this content

Get latest news from The Hill direct to your inbox, RSS reader and mobile devices.