Thursday, January 23, 2014

How can the Obamacare Individual Mandate possibly work?

I've wondered this for awhile and James Capretta wonders too.

ObamaCare’s architects were always ambivalent about the mandate. They knew compulsion was necessary to make their system work — but, fearing a backlash, opted for a fairly weak penalty for those who didn’t obey. Oops: They wound up with a mandate that still provokes resentment, yet probably won’t work.

The US Supreme Court weakened the mandate even as it was saving ObamaCare. The law’s authors hoped that the mandate would create the perception that insurance enrollment is now obligatory, but the high court made it clear that Congress has no authority to institute such a requirement. The justices ruled that the mandate could stand only as an optional tax, not as a fine for noncompliance.

So you’re not breaking the law by not buying (overpriced) ObamaCare-compliant insurance; you’re just making the legal choice to pay the tax instead.

I normally love the idea of an "optional tax". But my guess is that the money collected from this "tax" will be a fraction of what it will cost to pay those administering the tax. The regular non-optional tax payers—you and I—will pick up the tab as usual.

So, for instance, a 31-year-old single man making $30,000 in Columbus, Ohio faces a tax of $198.50, more than $2,000 less than the cheapest option in Ohio’s ObamaCare exchange, even including his taxpayer-funded subsidy. For a 36-year-old San Diego woman making $40,000, the tax is $298.50, or nearly $2,400 less than the cheapest policy on the California exchange. She’s not eligible for a subsidy.

ObamaCare can’t work if the young and healthy don’t sign up in large numbers — yet the law creates a clear incentive for them to opt out.

There’s more: The law also guarantees that you can always choose to buy during the next annual enrollment period — so if you fall seriously ill and find that ObamaCare has become a better investment, you can buy it then.

Which leads to my favorite pull-quote:

The ObamaCare law thus made insurance a less valuable product for most people, even as it pushed up the cost of buying it.

Classic. He has another good article about what Republicans can and should be doing about Obamacare which I hope the good guys in congress will take to heart.

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