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Burying Small Businesses in Paperwork

The Daily Caller:  “One provision in the new health care law will be yet another costly distraction for small business owners. In order to raise revenue to pay for the $1 trillion new health care program, the law includes a provision requiring businesses to file a 1099 form with the IRS for [...]

Some States Are Lacking in Health Law Authority

New York Times:  “Faced with the need to review insurance rates and enforce a panoply of new rights granted to consumers, states are scrambling to make sure they have the necessary legal authority to carry out the responsibilities being placed on them by President Obama’s health care law.  Insurance commissioners in about [...]

Goldwater Institute Files Lawsuit to Overturn Obamacare

The Phoenix based Goldwater Institute filed a lawsuit in federal court seeking to find that the Patient Protection and Affordable Care Act, aka Obamacare, is unconstitutional.  Here is the text of the Goldwater Institute’s August 12, 2010, press release:

The Goldwater Institute filed a lawsuit today to strike down the 2010 federal [...]

Congressional Research Service Issues Guidelines for New Obamacare Form 1099 Reporting Requirements

The Congressional Research Service published “Form 1099 Information Reporting Requirements as Modified by the Patient Protection and Affordable Care Act.”  It is a report to Congress about the new Obamacare 1099 rules that require businesses to issue an IRS Form 1099 to all people and companies from which the business purchases $600 [...]

ObamaCare Success: Health Insurers Stop Writing Policies for Kids

Hot Air:  “One of the big wins for Obama in the bill was the mandate for insurers to allow parents to carry their kids on policies until their 26th birthday.  However, that intervention has created a rather perverse set of incentives that will see fewer children insured:

“Some major health [...]

A Commandeering of the People

Wall St. Journal:  “One of America’s leading libertarian legal scholars handicaps whether the Supreme Court will find ObamaCare’s insurance mandate constitutional. . . . So would ‘any constitutional law professor’ be right to scoff at the case against ObamaCare? Not according to this law professor. ‘The challenges to ObamaCare are serious legal [...]

Obamacare Includes 3.8% Tax on Some Home Sales

Cato Institute:  “the health-care law did include a new tax on real estate profits. . . . It’s only a 3.8 percent tax on some real estate sales, no doubt only a minority of sales . . . .”

Bad Medicine: A Guide to the Real Costs and Consequences of the New Health Care Law

The Cato Institute published “Bad Medicine: A Guide to the Real Costs and Consequences of the New Health Care Law.”  Here’s the abstract of the detailed article.

“The Patient Protection and Affordable Care Act represents the most significant transformation of the American health care system since Medicare and Medicaid. It will fundamentally [...]

Arizona Warns State Employees Medical Insurance to Go Up 37% in 2011 because of Obamacare

Arizona Republic:  “State and university employees with families can expect to see their monthly health-insurance costs rise as much as 37 percent next year, depending on the type of plan they choose. . . . [Two reasons insurance will sky rocket under Obamacare]  One is a requirement that insurance plans provide coverage [...]

Obamacare’s Healthcare Related Tax Provisions

Professor Edward A. Zelinsky of the Benjamin N. Cardozo School of Law has written an article called “The Health-Related Tax Provisions of PPACA and HCERA: Contingent, Complex, Incremental and Lacking Cost Controls.”  The abstract states:

“Americans must, into the indefinite future, confront difficult issues pertaining to health care and health care costs. [...]

So Much For the Commerce Clause Challenge to Individual Mandate Being “Frivolous”

The Volokh Conspiracy:  “Remember when the Commerce Clause challenge to the individual insurance mandate was dismissed by all serious and knowledgeable constitutional law professors and Nancy Pelosi as ‘frivolous’? Well, as Jonathan notes below, the administration is now apparently telling the New York Times that the individual insurance ‘requirement’ and ‘penalty’ is [...]

An Ugly Preview of ObamaCare

Washington Post:  “If you want a preview of President Obama’s health-care ‘reform,’ take a look at Massachusetts. . . . In 1990, health spending represented about 16 percent of the state budget, says the Massachusetts Taxpayers Foundation. By 2000, health’s share was 22 percent. In 2010, it’s 35 percent.”

Here Come the Fat Police: Obesity Rating for Every American Must Be Included in Stimulus-Mandated Electronic Health Records

CNS News:  “New federal regulations issued this week stipulate that the electronic health records–that all Americans are supposed to have by 2014 under the terms of the stimulus law that President Barack Obama signed last year–must record not only the traditional measures of height and weight, but also the Body Mass Index: [...]

Law Professor Says Obamacare Tax Penalty is Unconstitutional

University of Florida Professor of Law Steven J. Willis and 2010 UF law graduate Nakku Chung wrote an article called Constitutional Decapitation and Health Care, in which they argue that Obamacare’s tax penalty is unconstitutional.  Here is the abstract:

Willis and Chung demonstrate how I.R.C. § 5000A – the Health [...]

Billions of New Tax Forms Starting 2012: 40 Million Businesses Must Send IRS a Form 1099 to Every Party They Pay $600+ a Year

CNN Money:  “The new regulations, which kick in at the start of 2012, require any taxpayer with business income to issue 1099 forms to all vendors from whom they purchased more than $600 of goods and services that year. That promises to launch a fusillade of new paperwork: An estimated 40 million [...]

Hamburger Chain Says Obamacare Will Reduce Profits

Cleveland.com:  “The White Castle hamburger chain fears that a health insurance reform law adopted earlier this year will put its profits on a downward slide.  The Columbus-based family owned restaurant chain – known for serving small square hamburgers called “sliders” – says a single provision in the bill will eat up roughly [...]

Individual Health Insurance Premiums Jump

ABC News:  “People who buy their own health insurance have been hit lately with premium hikes that far exceed increases in premiums for employer-sponsored coverage, according to a new survey from the Kaiser Family Foundation.

What to Expect in Next Year’s Health Benefits Offerings

New York Times:  “come fall you’ll probably be asked to absorb even bigger cost increases than in the last few years. . . . changes made in response to the health law will add an extra 2 to 3 percent in cost increases, pressuring employers to engage in even more cost-sharing with [...]

White House Reports Says 51% of Employers to Lose Healthcare Plans under Obamacare

Investors Business Daily:  “Internal White House documents reveal that 51% of employers may have to relinquish their current health care coverage by 2013 due to ObamaCare. That numbers soars to 66% for small-business employers. . . . According to the report, by 2013 51% of all employers — 66% of small employers [...]

IRS won’t Require 1099s on Payments of More than $600 for Credit Card Payments

Phoenix Business Journal:  “Internal Revenue Commissioner Douglas Shulman said the IRS will provide small businesses with at least partial relief from a new paperwork burden created by health care reform.  Under the new law, businesses in 2013 will be required to file separate reports with the IRS for every corporation that was [...]

First Victim of Health Care Overhaul? Health Firm to Close & 50 Employees Lose Jobs

Politico:  “A Virginia-based insurance company says ‘considerable uncertainties’ created by the Democrats’ health care overhaul will force it to close its doors by the end of the year.  The firm, nHealth, appears to be the first to claim that the new law has driven it out of business.”

See “ObamaCare [...]

Obamacare Taking on Water

Washington Examiner:  “Unfortunately (from the perspective of ObamaCare supporters), a steady stream of revelations of previously undiscovered horrors buried in the bowels of ObamaCare appears to have more than negated any gains that the administration might otherwise have made.”

ObamaCare vs. Small Business

Wall St. Journal:  “the National Federation of Independent Business (NFIB), on behalf of small business owners nationwide, has joined the lawsuit with 20 states mounting a constitutional challenge to this devastating new health-care law.  This law is death by a thousand cuts for small business owners. According to the Congressional Budget Office [...]

Fending Off Health Taxes

Barrons:  “You may soon be paying $30,000 more in taxes, thanks to the health-care law. Here’s what to do.  SAY WHAT YOU MAY ABOUT THE NEW health-care law, it won’t be cheap for high-net-worth taxpayers. The law’s $250 billion in tax hikes for individuals are aimed squarely at big earners.”

Legal Challenges to ObamaCare Rapidly Multiply

Plaintiffs in lawsuits filed to overturn Obamacare include Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Louisiana, Michigan, Mississippi, Nebraska, Nevada, North Dakota, South Carolina, South Dakota, Pennsylvania, Texas, Utah, Washington, Virginia, the Thomas Moore Law Center, the National Federation of Independent Businesses, and the U.S. Citizens Association.

Rasmussen Reports: [...]

New Lawsuit on Obamacare

U.S. Citizens Association filed a lawsuit to overturn the new healthcare law.  In a press release, the USCA said:

“The U.S. Citizens Association has assembled a team of constitutional litigators to launch a full-scale legal war against the Obama administration’s health insurance reform legislation, known as the Patient Protection and [...]

Florida Suit Poses a Challenge to Health Care Law

Don’t tell Arizona Attorney General Terry Goddard, but the New York Times article “Florida Suit Poses a Challenge to Health Care Law” says:

“Some legal scholars, including some who normally lean to the left, believe the states have identified the law’s weak spot and devised a credible theory for eviscerating [...]

Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional

A scholarly article dated December 9, 2009, article by Randy Barnett , Nathaniel Stewart and Todd Gaziano called “Why the Personal Mandate to Buy Health Insurance Is Unprecedented and Unconstitutional.”  Here is the summary of the article:

“A mandate requiring all individuals to purchase health insurance would be an unprecedented [...]

A Digestible Overview of Health Care Reform for Employers

Prima Facie Law Blog has a summary of how Obamacare will affect employers called “A Digestible Overview of Health Care Reform for Employers.”

Arizona Doctor Says Obamacare Will Force Him to Stop Practicing

The Daily Star reports about a Scottsdale, Arizona, dermatologist named Joseph M. Scherzer who posted the following on the front door of his office:

If you voted for Obamacare, be aware these doors will close before it goes into effect. ****Unless Congress or the Courts repeal the BILL.”

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