Overall, this Tennessean article summarizes well yesterday’s House Oversight Committee hearing on the IRS rule that Jonathan Adler and I write about here and here. Unfortunately, the article does perpetuate the misleading idea that the nation’s new health care law is “missing” language to authorize tax credits in federally created Exchanges. (The statute isn’t missing anything. It language reads exactly as its authors wanted it to read.)
Rep. Scott DesJarlais’ argument that the health‐care reform law lacks wording needed to implement a crucial part of it took a major step forward Thursday.
The Jasper Republican got a hearing before the House Committee on Oversight and Government Reform on his claim that the Internal Revenue Service lacks authority to tax employers who fail to offer health policies and leave workers to buy coverage through federally established exchanges.
His arguments, while not uncontested during the hearing, apparently won over the committee chairman, Rep. Darrell Issa, R‐Calif. Issa signed on Thursday as a co‐sponsor of DesJarlais’ bill related to the issue. Other House Republican leaders also have shown interest, DesJarlais said in an interview afterward. He said he expects a vote on the House floor sometime this fall.
And a Senate version has been introduced by Sen. Ron Johnson, R‐Wis…
DesJarlais contends that Congress worded the law in a way that authorizes the taxes and tax credits only for insurance bought through state‐based exchanges, not federal ones…
The distinction is important because many states are balking at setting up their own exchanges. DesJarlais’ argument would mean federal exchanges couldn’t be implemented in those states, either…
“They have rewritten a law Congress haphazardly drafted,” DesJarlais said.
His bill, which has 35 cosponsors, would keep the IRS from moving forward with its regulatory language.
“I have employers watching this very closely,” DesJarlais added. Essentially, he said, the issue is “about whether ObamaCare can continue to exist.”