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Kudlow distorts health insurance mandate to claim violators "face a $25,000 fine, or imprisonment, or both"

September 30, 2009 8:56 am ET — 50 Comments

On his CNBC show, Larry Kudlow distorted a provision in the health care reform bill proposed by Sen. Max Baucus (D-MT) to claim that "if an individual opts out of this insurance plan ... apparently they face a $25,000 fine, or imprisonment, or both." In fact, the bill would levy a $1,900 "excise tax" on those who don't purchase health insurance; those who refuse to pay the tax could face a fine or prison sentence, as the Wall Street Journal editorial Kudlow cited as the source of his claim clearly stated.

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Kudlow's claim: Individuals "face a $25,000 fine, or imprisonment, or both" for "opt[ing] out of this insurance plan"

From the September 29 edition of CNBC's The Kudlow Report:

KUDLOW: So the threat of government takeover is still out there one way or another.

SEN. JON KYL (R-AZ): Yes.

KUDLOW: Now let me just ask you, from this Republican ad, and just generically. There's a lot of tax hikes in the Baucus bill.

KYL: Right.

KUDLOW: And particular for putting mandates -- insurance coverage mandates -- on individuals and businesses. What caught my eye from a Wall Street Journal editorial and other commentary, if an individual opts out of this insurance plan, if they just say, "I don't want to buy insurance right now," apparently they face a $25,000 fine, or imprisonment, or both, all for something that Senator -- that President Obama keeps saying is not a tax. So the IRS is going to fine you, and you may wind up going to jail.

In fact, those who don't pay "excise tax" for opting out could face fine or prison

Bill establishes a $1,900 "penalty" for those who violate the personal responsibility requirement. Baucus' bill, the America's Healthy Future Act of 2009, includes a "Personal Responsibility Requirement" that states, "Beginning in 2013, all U.S. citizens and legal residents would be required to purchase coverage." Changes to the bill established a maximum penalty of $1,900 for violating this requirement.

Politico: "Violators could be charged with a misdemeanor and could face up to a year in jail or a $25,000 penalty." As the Politico noted in a September 25 report, Sen. John Ensign (R-NV) received a note from Tom Barthold, chief of staff for the Joint Committee on Taxation, "confirming the penalty for failing to pay the up to $1,900 fee for not buying health insurance." Politico reported: "Violators could be charged with a misdemeanor and could face up to a year in jail or a $25,000 penalty, Barthold wrote."

Indeed, WSJ editorial Kudlow cited states that "if you don't pay" excise tax "the IRS could punish you with a $25,000 fine or up to a year in jail." From the September 29 Wall Street Journal editorial:

Chairman Max Baucus's bill includes the so-called individual mandate, along with what he calls a $1,900 "excise tax" if you don't buy health insurance. [...] And, lo, it turns out that if you don't pay that tax, the IRS could punish you with a $25,000 fine or up to a year in jail, or both.

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    • Author by rwmacdonald2091 (September 30, 2009 10:03 am ET)
      2 1
      This whopper should bang around the right wing crackpot nut-job echo machine at warp speed!
      Report Abuse
      • Author by mary59 (September 30, 2009 10:06 am ET)
        1  
        I'm sure it will. Max Baucus's bill is bad enough on its own, without help from the right wing spin machine.
        Report Abuse
      • Author by southerngal (September 30, 2009 11:10 am ET)
        2 5
        Whopper? Kudlow probably should have prefaced the $25,000 fine comment with the $1900 penalty but his "distortion" is hardly a whopper, and it's a hair splitting distortion at best - the kind MMfA feeds on.

        Bottom line, violators could face the whopper of a fine or imprisonment.
        Report Abuse
        • Author by mary59 (September 30, 2009 11:43 am ET)
          1  
          I'm with you on this one. This is a horrible mandate.
          Report Abuse
        • Author by wesley (September 30, 2009 12:40 pm ET)
          1 1
          RO...speaking of whoppers...here's the analysis from PolitiFact on the last 24 statements they reviewed concerning healthcare made by politicians and advocates, both left and right:

          Mostly True/True - 6
          Half True - 6
          Barely True/False - 12

          Gawd o'mighty...that's really shameful.



          Report Abuse
      • Author by mikehuck1976 (October 02, 2009 1:04 pm ET)
           
        Kudlow is a proven moron but, I have to say, the true whopper here is that there will be an actual mandate with an IRS criminal charge pending for those that do NOT participate. If the Democrats actually want to lose the support of those still defending them, leave this nonsense in the bill.

        I have argued long and hard for universal healthcare, but now this bill is becoming a mandate for the insurance companies to make more money and not much else. And for those that do not wish to give the insurance companies more money, they are going to be fined? Outrageous. Baucus is a disaster. He should lose reelection. We may as well have a crazy right-winger in his chair - at least you know where he stands.
        Report Abuse
    • Author by mk3872 (September 30, 2009 10:43 am ET)
      1  
      Republicans are at war with facts
      Report Abuse
    • Author by terrapin53 (September 30, 2009 12:26 pm ET)
        1
      I agree with Mary. This is a terible mandate. This is why we need single payer where you raise the medicare tax to pay for it and you also have a Value added tax so that people who do not owrk but are getting the health care benefits pay their fair share as well.
      After that is enacted, allow income deductions for the VAT tax based upon total income (like we had prior to Reagan) and you can even allow all or part of the medicare tax to be deucted from the income tax as well. That way, no one's overall tax burden goes up that much.
      Report Abuse
      • Author by highliter (September 30, 2009 2:47 pm ET)
          5
        More taxes really. Don’t we pay enough as it is. I’m tired of paying thousands every year at tax time, im tired of paying thousands for the privilege of owning my property(property tax), im tired of seeing single moms who work for me and with me (at the same pay scale get back) 1000’s more back than they pay in. Ive worked my ass of to get to where I am today no one gave it to me, and I now make more money than most and I don’t think I should be punished for it. Stop taking my money and giving it to other people its mine and if and when I want to give some of it away its my choice on who to give it to.
        Report Abuse
        • Author by terrapin53 (September 30, 2009 5:18 pm ET)
          1  
          What you don't get is they can triple my medicare tax and I will still bring home more money because of what I pay for health insurance. I will take my chances with single payer over an insurance company with profit as its biggest motive.
          Report Abuse
          • Author by Doug-Life (September 30, 2009 9:44 pm ET)
               
            The PO still seems to be the better alternative to a single payer system. With single payer; where is the incentive for the government not to act the way insurance companies do now?
            Report Abuse
        • Author by foghornleghorn (September 30, 2009 6:30 pm ET)
          4  
          Stop taking my money and giving it to other people its mine

          There ya have it folks - the nutjob mindset. Keep your grubby gubnent hands off my money. I prefer to use it to subsidize HMO profits and CEO salaries.

          Idiot.
          Report Abuse
          • Author by highliter (October 02, 2009 1:03 pm ET)
               
            And there is the Liberal mind set you’re a nutjob if you want to keep the money you earn instead of giving it to the government. Also the typical liberal I that cant go one post without calling people names you got two in this post must be putting in overtime.
            Report Abuse
    • Author by starkcr31 (September 30, 2009 2:16 pm ET)
      2 1
      It may be the wrong figures, but the idea of fining or imprisoning someone for not wanting health insurance is hypocrisy beyond belief. I guess it's not ok to tell women what to do with their bodies (abortion), but this is acceptable. Unbelievable.

      Report Abuse
      • Author by southerngal (September 30, 2009 2:20 pm ET)
        2 4
        Good point. It's just more of liberals wanting to control people's lives. They want to control their wallets by taking more of their money in taxes. They want to control behavior by mega taxing stuff like sweetened sodas and cigarettes because they think they know better. They just want government's hands more and more in everyday life. This is just another good example of that.
        Report Abuse
        • Author by foghornleghorn (September 30, 2009 2:32 pm ET)
          2 1
          It's just more of liberals wanting to control people's lives.

          Stark did make a good point (can't believe I typed that). Then you follow with that line of crapola.

          If you hate living in this society so much, why don't you go live in a monastery or maybe in some cave where you don't have to deal with other people or a government in any form.

          You're one sick puppy.
          Report Abuse
          • Author by southerngal (September 30, 2009 2:33 pm ET)
              1
            I love dealing with "other people", but I do avoid dealing with government bureaucrats as much as possible. Thankfully I don't even have to go the DMV anymore, I can do it online.
            Report Abuse
            • Author by Kyle_Broflovski (September 30, 2009 2:47 pm ET)
              1 1
              Right, because government is always bad and evil. I forget where I learned that, I think it was Reagan. That's why I never trust government workers, like the police, and the FBI.
              Report Abuse
              • Author by southerngal (September 30, 2009 2:52 pm ET)
                1 1
                I never said it was bad or evil. What it needs to be in limited and efficient, not bloated and inefficient. And it's governments job to protect its citizens.
                Report Abuse
              • Author by starkcr31 (September 30, 2009 2:53 pm ET)
                1 1
                No, the government is not always bad, but we can't have them controlling everything. As right ON says, they can't even run the DMV correctly, what could possibly make you think they could run the health care system correctly?
                Report Abuse
                • Author by peace4all (September 30, 2009 11:34 pm ET)
                  2  
                  by right ON: Thankfully I don't even have to go the DMV anymore, I can do it online

                  you think you still want to go with the DMV example? sounds pretty well run if you never have to go to DMV.
                  Report Abuse
                • Author by mikehuck1976 (October 02, 2009 1:09 pm ET)
                     
                  You have to admit rightOn that it is pretty funny when you comment that the DMV is so efficient that you do not even have to go in there anymore and then stark follows that up as an example of the inefficiency of government.
                  Report Abuse
          • Author by highliter (September 30, 2009 2:55 pm ET)
            2 1
            I wouldnt mind living in a cave except im sure you would want me to pay cave tax.
            Report Abuse
        • Author by armadillo (October 01, 2009 12:29 pm ET)
          1  
          right OFF - Just do what a friend of mine did. He moved to Costa Rica. Sends me pictures of exotic birds sitting on his deck rail. Low taxes! Of course, when it rains, he can't go into town for a week because the roads are not paved. Land Rover doesn't help, it's a bog. He caved and let others decide for him when he could go into town. Here, I may pay more taxes, but I decide when and where I drive. That's freedom. If you really hate that much freedom, move to Somalia and go to work in an asbestos plant.
          Report Abuse
        • Author by mikehuck1976 (October 02, 2009 1:07 pm ET)
             
          I'm not sure Baucus would be considered a liberal by most, unbiased folks.
          Report Abuse
      • Author by Kyle_Broflovski (September 30, 2009 2:28 pm ET)
        1 1
        Just curious, what would you do with someone who was lying unconscious on the side of the road, if you were an emergency responder?

        Would the answer be different if the person willingly chose not to purchase health insurance?
        Report Abuse
        • Author by starkcr31 (September 30, 2009 2:41 pm ET)
            1
          No, but your analogy makes no sense. It's possible now not to have health insurance if you wish but that doesn't mean EMTs aren't going to help you if you're lying on the side of the road.
          Report Abuse
          • Author by Kyle_Broflovski (September 30, 2009 2:45 pm ET)
            1 1
            Here is my point:

            Why should the person who chooses not to purchase health insurance receive the benefit of emergency medical care? Do you think that they should receive that benefit? As a conservative, do you think that it's OK for people to take expensive benefits from the government (or the health care system), but not give anything back?

            Or, on the other hand, do you think that we should be allowed to deny emergency care to those with no coverage?

            You have to choose one or the other, there is no other possibility.
            Report Abuse
            • Author by starkcr31 (September 30, 2009 2:49 pm ET)
              1 1
              If someone chooses not to purchase insurance, they'll just have to pay for it out of pocket. That's their choice though, not the government's. So are you saying if someone can't afford insurance so they should be fined for it? Wow, talk about helping the poor. That's about as helpful as overdraft fees. Well, the person is obviously in trouble financially, so it would a good idea to charge them more money because of it. No, we shouldn't be able to deny emergency care, but those people will just have to cover the costs themselves, just like now.
              Report Abuse
              • Author by Kyle_Broflovski (September 30, 2009 2:55 pm ET)
                1  
                OK, I didn't say anything about fines or taxes or helping the poor. Try to stay on topic here, and avoid deflecting.

                Now, if the injured party didn't have the money to pay for medical care, how do you suppose the cost is covered? Would you deny treatment if you knew the injured person was poor?

                People who walk around without health insurance are a huge cost to the health care system. Why do you think they should be allowed to drain $ out of the system? Especially the poor, they are the biggest problem. What we want to do is make a plan that is affordable to the poor, and then penalize them for not accepting it. Allowing them to continue without coverage helps nobody. We want to help America by helping the poor, and reducing their burden on the HC system.
                Report Abuse
                • Author by starkcr31 (September 30, 2009 3:06 pm ET)
                  1 1
                  No, I would not deny it, but you're missing the point. How do you propose the person buy health insurance if they can't afford it? How does fining them magically make them able to afford it? Most people who don't have insurance now don't have it because they can't, not because they choose not to. Making it "affordable to the poor" is a great thing in theory, but how cheap do you plan on making it? Some people can't even afford food, let alone health insurance.
                  Report Abuse
                  • Author by peace4all (September 30, 2009 11:43 pm ET)
                    1  
                    the public option would be priced on a sliding scale. people would be required to pay what they can afford. and people that paid the minimum would get the basic coverage that they need. alot of things would not be covered like in some more expensive policies. so even if some are only paying a small amount it would help offset the costs now of having them pay absolutly nothing. another example is not for the poor but for young adults. lets say a 21 yo goes rock climbing and fall and is severly injured. he had the option to buy insurance through his work but did not because he only makes fifteen dollars per hour and want the cash. so now his medical bills are up over 100,000.00 and he has no means to pay. we, the taxpayers have to pick up the tab for him. so yes, if you don't have insurance you get fined. or do you think that we should pay for his medical bills?
                    Report Abuse
                    • Author by starkcr31 (October 01, 2009 10:22 am ET)
                         
                      There you go. The government essentially decides what care you can have. This DOES NOT fix the problem. So now we have a situation like in the UK (only worse because we have 300 million people instead of 60 million to care for) where a routine procedure can be denied because you don't have a good enough plan.
                      Report Abuse
            • Author by southerngal (September 30, 2009 2:50 pm ET)
              1 1
              That's fine in theory. But in the real world there are just people who do not want or feel they need health insurance, that is a fact that is also not ever mentioned when this huge figure of uninsured Americans is tossed about. Mostly young people I suppose. Nevertheless they don't want it, period. Of course they may get sick or in some accident but then we have to deal with that as well. Forcing people to buy health insurance sounds workable, but it is not practical.
              Report Abuse
              • Author by Kyle_Broflovski (September 30, 2009 2:59 pm ET)
                   
                There are plenty of people who do not want or feel they need auto liability insurance. However, we fine them if they drive a car without insurance. How is this so different?
                Report Abuse
                • Author by starkcr31 (September 30, 2009 3:08 pm ET)
                    1
                  That's about as far from different as you can possibly get. Liability insurance is to cover damage to other people and property, not yourself. Health insurance is for yourself.
                  Report Abuse
                • Author by mikehuck1976 (October 02, 2009 1:25 pm ET)
                     
                  You make an interesting point, Kyle. And healthcare does affect everyone else for the same reason that car insurance does. We all socialize the costs of uninsured people in both instances. I guess the question is, when was the last time a government bureaucrat got between you and your mechanic?
                  Report Abuse
              • Author by mikehuck1976 (October 02, 2009 1:22 pm ET)
                   
                I am sure there are plenty of people who do not want health insurance. However, when these people get sick it costs more money for ALL of us. We are a community whether we want to be or not. We do socialize these costs now. The only real option other than convering everyone through a government option is refusing care to people who do not have coverage. We socialize costs now for those who do not have coverage, the only difference is we do it at the highest cost possible. We all pay more. This makes no sense.

                However, this mandate that is being suggested in the Senate Finance Committee is just a big payout to the insurance companies. By forcing everyone into an already crappy insurance plan all we are doing is giving more money to the cause of many of the problems with the existing system. I cannot support that crap.
                Report Abuse
      • Author by mikehuck1976 (October 02, 2009 1:10 pm ET)
           
        "It may be the wrong figures, but the idea of fining or imprisoning someone for not wanting health insurance is hypocrisy beyond belief. I guess it's not ok to tell women what to do with their bodies (abortion), but this is acceptable. Unbelievable." - Stark

        I agree with that sentiment 100% Stark. Well said.
        Report Abuse
    • Author by starkcr31 (September 30, 2009 2:45 pm ET)
      1 1
      I think it's interesting that democrats are proposing a bill that's even harder on poor people than the current system. Let's see, I can't afford health insurance so I get fined because of it. Yep, makes sense to me! You see, if I know I'm going to be fined I can just start crapping money. No problem.
      Report Abuse
      • Author by Indy (September 30, 2009 3:44 pm ET)
           
        Well "poor people" have a choice now. Risk losing everything you have and may ever own due to an illness, not to mention death if you are unable to afford it by not having any coverage. Or if approved by the Congress pay a fee based on "earned taxable income" and keep it. You know like the hidden tax you now pay that your employer takes out of every paycheck for Aetna etc. By the way Kudlow is a tool. Anyone that dosen't put the political hack filters on before listening to him for financial advice is looking to lose money in the stock market.
        Report Abuse
    • Author by fantagor (September 30, 2009 4:19 pm ET)
      2  
      FYI: you have to actually be in a position to PAY before they would consider you in violation of the law. In other words, poor people won't be imprisoned for non-compliance. Bet that steams the conservative crowd.

      Randy
      Report Abuse
      • Author by foghornleghorn (September 30, 2009 4:21 pm ET)
        2  
        Finally, a voice of reason.
        Report Abuse
      • Author by southerngal (September 30, 2009 5:21 pm ET)
        1 1
        And what does that vague theoretical statement mean "to actually be in a position to PAY", exactly? Who determines what someone's position is?
        Report Abuse
    • Author by birdjay (September 30, 2009 4:48 pm ET)
         
      Hmmmm, picking nits at Media Morons against America again. So typical. You could face a $25k fine. Hopefully, everyone at MMfA will.
      Report Abuse
    • Author by CarmanK (October 01, 2009 10:55 am ET)
         
      I don't agree with the threat of a misdemeanor citation and possible imprisonment. This could ruin a young person's future and endanger their hopes for making a better life for themselves. We don't imprison people in the US for debt, especially not this kind of "offense". There are better solutions than jeopardizing the future of thousand of young people who may roam the country to find work and establish roots. We have far too many people in jail now for non violent crimes and it is costing us a fortune. This is rediculous.
      Report Abuse
    • Author by Indy (October 01, 2009 11:33 am ET)
         
      25K is for Tax fraud conviction. That's applicable to anything involving your taxes. Shoot someone while delivering your tax return to the post office and get the death penality. Why stop there. Nothing like hyping to the extreme. Just like death panels. More fear and loathing from Kudlow and the right. Their bread and butter.
      Report Abuse
      • Author by birdjay (October 02, 2009 12:48 am ET)
           
        Truth hurts.

        Duh, it's a fine for failure to pay the fine on the failure to pay the original tax. At least Indy has it right that the original crime is the failure to pay a TAX. A tax on people making less than $250,000/year. The very same people who Obama promised would not get a tax increase.

        Oh well, no one who voted against him expected him to keep any of his promises, and those who voted for him and quickly discovering that he's just another Chitown pol.

        I predict Obama will wait until he can stack the Supreme Court for this one, since it's unlikely to pass Constitutional muster anyway.
        Report Abuse
        • Author by mikehuck1976 (October 02, 2009 1:26 pm ET)
             
          OK. Does anyone know what this crazy person is talking about in relation to Obama and Chicago and the Supreme Court? Anyone??
          Report Abuse

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