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On Limbaugh's show, Palin fearmongered about "jail time as punishment" in Senate health care bill

November 18, 2009 11:25 am ET — 48 Comments

On Rush Limbaugh's radio program, Sarah Palin baselessly claimed, "We don't know if those who choose not to purchase this government-mandated level of coverage will face jail time as punishment," advancing the false conservative talking point that under health care reform, the uninsured will face jail time. In fact, neither of the bills that have been approved by committees in the Senate contain "jail time as punishment"; indeed, one of them specifically prohibits "criminal prosecution."

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Palin asserts "jail time" for the uninsured is possible in health care reform

Palin: "We don't know if those who choose not to purchase this government-mandated level of coverage will face jail time." On the November 17 edition of his radio show, Limbaugh asked Palin, "What are your thoughts on the congressional health care reform bills going through the House and the Senate?" She responded:

PALIN: Well, we don't really know, do we, what's in that Senate version, the Senate consideration? It will be soon. But we have no idea of costs. We don't know how many will be insured. We're waiting to hear all that. We don't know if the tax funding of abortions will be in this new version that's sitting over on the Senate side. We don't know if those who choose not to purchase this government-mandated level of coverage will face jail time as punishment. There are so many questions unanswered.

I don't like the idea, in general, of the federal government thinking it needs to take over health care -- which essentially this is -- and control one-sixth of our economy. Not when there are commonsense solutions to meeting health care challenges in our country, like allowing the intra- and interstate competition with insurers, tort reform, cutting down on the waste and fraud that the Obama administration insists if we just did that we'll pay for this one-point-some trillion-dollar health care reform package.

So, lots of commonsense solutions that need to be plugged in before ever considering federal government taking it over. [Premiere Radio Networks' The Rush Limbaugh Show, 11/17/09]

Neither health care reform bill under consideration in the Senate includes "jail time" as punishment for not purchasing insurance

Senate Finance Committee bill provides a tax as a penalty for lacking health insurance, but prohibits prosecution or "any other penalty." The bill, which the committee passed on October 19, states:

(a) REQUIREMENT TO MAINTAIN ESSENTIAL HEALTH BENEFITS COVERAGE. -- If an individual is an applicable individual for any month beginning after June 30, 2013, the individual is required to be covered by essential health benefits coverage for such month.

(b) IMPOSITION OF TAX. --

(1) IN GENERAL. -- If an applicable individual fails to meet the requirement of subsection (a) for 1 or more months during any calendar year beginning after 2013, then, except as provided in subsection (d), there is hereby imposed a tax with respect to the individual in the amount determined under subsection (c).

The bill goes on to specify:

(1) WAIVER OF CRIMINAL AND CIVIL PENALTIES AND INTEREST. -- In the case of any failure by a taxpayer to timely pay any tax imposed by this section --

(A) such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure, and

(B) no penalty, addition to tax, or interest shall be imposed with respect to such failure or such tax.

Senate Finance Committee bill includes finanicial hardship exemptions from tax penalty. From the America's Healthy Future Act:

(e) Exemptions From Tax -- No tax shall be imposed under subsection (a) with respect to --

[...]

(2) INDIVIDUALS WHO CANNOT AFFORD COVERAGE --

(A) IN GENERAL -- Any applicable individual if the applicable individual's required contribution for a calendar year exceeds 8 percent of such individual's household income for the second taxable year preceding the taxable year described in subsection (b)(2). For purposes of applying this subparagraph, the taxpayer's household income shall be increased by any exclusion from gross income for any portion of the required contribution made through a salary reduction arrangement.

Senate HELP bill penalty for failure to carry coverage is tax, not jail time. From the bill, which the Senate Health, Education, Labor, and Pensions Committee passed on September 17:

SEC. 59B. SHARED RESPONSIBILITY PAYMENTS.

(a) Requirement -- Every individual shall ensure that such individual, and each dependent of such individual, is covered under qualifying coverage at all times during the taxable year.

(b) Payment --

(A) IN GENERAL. -- In the case of any individual who did not have in effect qualifying coverage (as defined in section 3116 of the Public Health Service Act) for any month during the taxable year, there is hereby imposed for the taxable year, in addition to any other amount imposed by this subtitle, an amount equal to the amount established under paragraph (2).

Penalties for failure to pay taxes not unique to health care legislation

Conservatives have previously fearmongered about "jail time." As Media Matters for America noted when right-wing blogs seized on a false question from a reporter to House Speaker Nancy Pelosi about the House's health care reform legislation, willful failure to pay income tax can result in civil or criminal penalties. But as the Joint Committee on Taxation noted in a November 5 letter: "Of the 666 convictions reported above for fiscal year 2008, fewer than 100 were convictions for willful failure to file or pay taxes under section 7203."

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    • Author by DellDolly (November 18, 2009 11:34 am ET)
      4  
      Just as there's no jail time possible as a punishment for earning money from a small business or getting an early withdrawl from an IRA, there's no jail time punishment for failure to purchase healthcare insurance.

      Now, if you fail to pay taxes owed, then you can go to jail. But you don't go to jail for the reason you owe the taxes - you go to jail because you owe taxes, period.

      And on top of that, it's very, very, very, very, very rare that anyone goes to jail, and the average amount owed by people who do go to jail is something like $70,000 - you'd have to refuse to pay the fine for not having insurance for years to get up to that level of taxes owed.
      Report Abuse
    • Author by quantpro (November 18, 2009 11:42 am ET)
      2 9
      They better read the bill and make sure they don't trash a system most people are satisfied with and replace it with one that few will be satisfied with. I have no faith in the Feds making health care work better. As with most Federal social programs they are badly run and full of fraud.
      Report Abuse
      • Author by peace4all (November 18, 2009 12:00 pm ET)
        6 1
        As with most Federal social programs they are badly run and full of fraud.

        really? could you provide some examples of what programs are badly run? why they are badly run and some examples of widespread fraud?
        i would be interested to see this as i keep hearing this arguement but never see any backup for it.
        Report Abuse
        • Author by rrastro (November 18, 2009 10:17 pm ET)
            2
          Medicare. Military procurement. Both are inefficient and overrun with fraud.

          Also, few programs or projects run to budget much less projections. Just one example, when people perceive its free they will use more...
          Report Abuse
          • Author by DellDolly (November 19, 2009 1:37 am ET)
            1  
            Medicare does have a lot of dollars in fraud, but it's a small percentage of overall spending, and Medicare is very, very, very efficient. You don't know what you're talking about.
            Report Abuse
            • Author by rrastro (November 20, 2009 12:30 am ET)
                 
              Are you sure? Estimates run 3% for the industry, but three or more times that because medicare does NOT investigate fraud, relying only on whistle blowers.

              Ever adjusted a claim? I have.
              Report Abuse
        • Author by FordGuy1972 (November 18, 2009 10:24 pm ET)
             
          Medicaid: In the new GAO report concerning $63.2 million in fraud and waste in five states (California, Illinois, New York, North Carolina, and Texas), at least $200,000 in Medicaid funds were used to pay for prescriptions written for dead people, while $500,000 in Medicaid was used to pay for prescriptions signed with the names of deceased doctors. The GAO report faulted both the state governments and the federal Center for Medicare and Medicaid Services for the lack of oversight that allowed the fraud.
          USPS reports $3.8 billion fiscal year 2009 loss
          In 2008 the USPS racked up an expected loss of $7 billion.
          In its annual report for fiscal year 2007, the US Postal Service reports that it had a net loss of $5.1 billion.
          From 60 Minutes: Medicare fraud - estimated now to total about $60 billion a year.
          Still think you want the Federal Government to run a national health care program?
          Report Abuse
        • Author by quantpro (November 19, 2009 11:07 pm ET)
             
          Do your own search and see most estimates around 60 billion a year. Only the most ignorant partisan hacks will be unaware of this.
          Report Abuse
      • Author by bintx (November 18, 2009 12:05 pm ET)
        4  
        I'll tell my young friend who was thanking the Lord he had insurance coverage when he found out that he had a blood cancer that he should be "satisfied with the system he has." That "system" which is refusing to pay for the treatments prescribed by his physician and, which, will end up bankrupting him AND his family.

        "Most" people are "satisfied" with their SYSTEM until they have to actually use it. Then they find out that the SYSTEM SUCKS!
        Report Abuse
        • Author by rrastro (November 18, 2009 10:18 pm ET)
            1
          What would happen if the current proposal passed in 1990 and a 42 year old woman was told to have her third annual mammogram since turning forty?
          Report Abuse
        • Author by justjoe628 (November 18, 2009 10:27 pm ET)
            1
          So let me get this straight. When insurance companies want to control cost by only paying for the usual and customary practices, it's a terrible system, but when the government does it, and it will, it's just conrtolling cost. You didn't say they denied treating him, just the treatment his doctory prescibed. Which may or may not be the most recommended treatment. And is that decision final? Most insurance companies have what is called a peer revue, where his doctor talks to an insurance company doctor and they discuss the pros and cons. You can also find similar stories from those european healthcare systems that liberal just love to dream about with a simple google search.

          Here's one

          It's a terrible situation for your friend, one I wouldn't wish on anyone. And for every terrible insurance story, there are good ones. While I'm writing this response, I'm IMing with a friend of mine who will get some heavy duty chemo next month and then a stem cell transplant (his own cells), which will hopefully leave him cancer free. He JUST said to me, "Boy, I'm sure glad I have insurance."

          But this is exactly what is planned to control cost. A panel will be formed and that board will decide what is appropriate/ recommended treatment for different diagnosis. It's in the bill, read it.
          Report Abuse
          • Author by DellDolly (November 19, 2009 1:50 am ET)
            1  
            That panel will NOT decide what's appropriate. They make recommendations only.

            And you have repeatedly demonstrated that you have no credibility and you are sorely lacking in reading comprehension skills. You should never, ever be relied upon as a source for anyone at any time.
            Report Abuse
            • Author by rrastro (November 20, 2009 12:32 am ET)
                 
              they make recommendations which congress will vote up or down. Also in the bill and a pet project of Obama's
              Report Abuse
            • Author by justjoe628 (November 21, 2009 12:09 am ET)
                 
              Why would you believe that? Medicare and medicaid do it right now. If you are scheduled for a diagnostic procedure the doctor has to include a diagnosis code which has to be plugged into a program. If the diagnosis doesn't match the procedure, it's rejected. Medicaid patient also have to go through a pre-authorization process and they also get turned down, on a very regular basis. And just because you disagree with what I say does not make me incorrect or have a lack of credibility, no matter how many times you say it.

              As for rrastro, you obviously have no idea how the government works. Congress doesn't vote on every recommendation of government agencies. An example would be the EPA. Congress gives the EPA regulatory authority and they make regulations. Congress does not vote on those regulations. The Healthcare Choices Administration will be no different. They will have regulatory authority and they will pass reguation, without getting congressional approval. If congress had to vote on every change in regulation, then the government would grind to an absolute halt.
              Report Abuse
      • Author by DellDolly (November 18, 2009 12:37 pm ET)
        1 2
        This is an off topic post by Quantpro.
        Report Abuse
      • Author by wesley (November 18, 2009 2:31 pm ET)
        2 4
        -- As with most Federal social programs they are badly run and full of fraud. -- quantpro

        That's a big 10-4 good buddy...way to flip on your fog lamps and cut through the fog of deception.
        Report Abuse
        • Author by peace4all (November 18, 2009 2:46 pm ET)
          2 1
          funny. another claim of -- As with most Federal social programs they are badly run and full of fraud. --
          and still no backup to the claim.
          Report Abuse
          • Author by southerngal (November 18, 2009 3:07 pm ET)
            2 3
            As I have said before, unless these social programs spend every dime allocated their way, their next budget will be cut back. So administrators of these programs know that, so they spend all of it. Hence the breeding ground for fraud and inefficiency. It's not hard to figure.
            Report Abuse
            • Author by peace4all (November 18, 2009 3:37 pm ET)
              1  
              still no proof. just thoughts from the fright wing
              Report Abuse
              • Author by southerngal (November 18, 2009 3:41 pm ET)
                1 3
                Unless you can refute what I've said, and you haven't, then you have all the proof you need. You just don't want to accept it, and that is fine.
                Report Abuse
                • Author by peace4all (November 18, 2009 3:48 pm ET)
                  3 1
                  yeah, right. we all know that their is life in outer space and seeing as you cannot prove their isn't you make my point. just accept that their is life in outer space.
                  Report Abuse
                • Author by calijohn (November 18, 2009 8:36 pm ET)
                     
                  did glen beck ever refute the claim that he raped and murdered?
                  Report Abuse
              • Author by Doug-Life (November 18, 2009 3:42 pm ET)
                   
                here's an example.
                http://www.fiercehealthcare.com/story/fl-health-system-settles-medicare-fraud-charges/2006-12-20
                Report Abuse
              • Author by riverdog (November 18, 2009 3:50 pm ET)
                  1
                60 minutes estimate 60 Billion per year. others put it at 20% of every dollar. it is a huge problem.
                Report Abuse
            • Author by wesley (November 18, 2009 3:49 pm ET)
                1
              -- administrators of these programs know that, so they spend all of it -- RO

              How true and a good case in point is the public school system.

              The govt. forces them to spend every dime each year or get the subsequent budget reduced. After spending billions of dollars on public education...the school budget systems are always in crisis.

              Ask any public school administrator...it's a crappy way to run a railroad.
              Report Abuse
              • Author by peace4all (November 18, 2009 3:54 pm ET)
                1  
                thats funny because the company i work for is the same way. our department gets a budget every year and we make sure to spend it all so that the next year does not get cut. this is a fortune 500 company that does this. so i guess your example is not at all limited to government.
                Report Abuse
                • Author by southerngal (November 18, 2009 3:58 pm ET)
                    2
                  So if you can buy a pencil for a quarter or one for ten bucks, you buy the one for ten bucks just so you can spend all your allotted budget on office supplies? I know of no private company that will remain in business with that kind of purchasing policy in place.
                  Report Abuse
                  • Author by albertsenj (November 18, 2009 10:56 pm ET)
                    1  
                    You don't by $10 pencils but, you do upgrade computers, replace office furniture...whatever.

                    Just as people do with their Medical Flexible Spending Accounts at the end of the year. If the money isn't gone, they'll replace glasses, get contacts or whatever is needed to make sure the money's spent.
                    Report Abuse
              • Author by southerngal (November 18, 2009 4:01 pm ET)
                1 1
                Great example Wesley. And then politicians, usually Democratic ones who are beholden to powerful teachers' unions and other education lobbyists, come to us with their apocalyptic do or die budgetary emergencies demanding more tax dollars otherwise it's doomsday. Yawn.
                Report Abuse
          • Author by riverdog (November 18, 2009 3:47 pm ET)
              3
            have you been living in a cave. medicare fraud is massive. yes there is private ins. fraud as well but nowhwere near medicares.
            Report Abuse
            • Author by peace4all (November 18, 2009 3:51 pm ET)
              2  
              but is the fraud because of poor government or because of people who break the law. is wal-mart a poorly run company because people shoplift from the store?
              Report Abuse
              • Author by southerngal (November 18, 2009 3:55 pm ET)
                  1
                If people are shoplifting from Wal Mart then it is up to them to institute better anti-shoplifting measures in their stores. If they don't, they are being run poorly, Yes.
                Report Abuse
                • Author by peace4all (November 18, 2009 4:08 pm ET)
                  1  
                  so we agree they are problems with fraud in both the government and private sectors and both cost us money.
                  Report Abuse
                  • Author by southerngal (November 18, 2009 4:11 pm ET)
                    1 1
                    Huh? You were saying it is not Wal Mart's fault if they get shoplifted, I said it certainly is.
                    Report Abuse
                    • Author by bintx (November 18, 2009 5:38 pm ET)
                      1  
                      Have you ever worked in retail? If so, you would understand that what you said is ludicrous. I helped a friend out in a much smaller store than any Wal-Mart and monitoring shoplifters and preventing theft is NOT that easy and it is not foolproof. It's interesting, though, that you are blaming the victim for the crime.
                      Report Abuse
                      • Author by southerngal (November 18, 2009 5:45 pm ET)
                          1
                        If Wal Mart doesn't implement workable shoplifting prevention methods in their stores then they have nobody to blame but themselves. Period.
                        Report Abuse
              • Author by rrastro (November 20, 2009 12:33 am ET)
                   
                Its because medicare does NOT investigate. Its as if walmart had no security and relied on customers to report people stealing.
                Report Abuse
          • Author by salg01 (November 18, 2009 5:37 pm ET)
              1
            really?? that is just common knowledge, name one program that isnt full of fraud, hasn't skyrocketed past the estimate and isnt bankrupt. I cant believe there are people now a days that are so naive and still trust the government to run anything.
            Report Abuse
      • Author by Doug-Life (November 18, 2009 3:15 pm ET)
          1
        We have to do something. We should just give this a try and with proper oversight and independent auditors citizens can limit the fraud that will happen. It will also tell us who should get fired or voted out of office. Then hopefully the public option will accomplish what we're being told it will, efficiently.
        Report Abuse
        • Author by wesley (November 18, 2009 3:20 pm ET)
          1 2
          -- We should just give this a try and with proper oversight and independent auditors citizens can limit the fraud that will happen -- douglife

          Commendable...except for the fact that is how the system is already supposed to work...and it doesn't. I'm not for risking trillions of dollars when I'm sure the outcome will be the same...over-promised, over-spent and in the end a financial disaster.
          Report Abuse
          • Author by albertsenj (November 18, 2009 11:00 pm ET)
            1  
            You know, if a recent government hadn't cut investigative & enforcement budgets, we might have had less fraud.

            By the way, it is your much-vaunted 'private sector' that is perpetrating these frauds. Of course, stealing from the government does 'maximize shareholder value' - as long as you're sure you won't get caught; or, will only suffer a slap on the wrist if you do.
            Report Abuse
            • Author by rrastro (November 20, 2009 12:36 am ET)
                 
              au contraire. Special Investigations Units in all insurance companies do nothing but look for fraud. Much of the fraud private insurance companies let through is because they dont have jury proof evidence
              Report Abuse
        • Author by moontalker (November 18, 2009 11:49 pm ET)
             
          Interesting, no one is bringing up the $600 Hammer from the 1980's. I guess the truth of that accounting practice has been beaten into everyone's heads with that $15 hammer.

          There will always be fraud. Sadly, people tend to be honest, but mankind is not. If the invisible "someone" sees a way to make unearned money from the "government", they don't see it as stealing from someone. It is up to our lawmakers to provide stringent rules and the strongest auditing to prevent and detect fraud. Even if only 80% (one of the unsubstanciated numbers being thrown around) of the funds are used within the law, that is money well spent on "whatever" program. Every effort should be made to recover the fraudulent funds.

          And as far as Walmart and shoplifting, based on 2006 numbers, the shrinkage is estimated at about 1.6% of sales ($348.6 billion). Of that shrinkage total of $5.6 billion, Shoplifting was 32%, accounting errors 14%, vendor theft 4% and unaccounted 3%, but the biggest percentage was employee theft at 47%.

          In both government and corporate fraud, the responsibility for the theft is the government or corporation. Some system of security should be in place to prevent/catch theft/fraud - and to follow through with prosecution whether the charge is attempted fraud or fraud.

          The criminal is responsible for his criminal actions and as such, should repay the money and go to jail.
          Report Abuse
    • Author by Diosnomeama (November 18, 2009 1:02 pm ET)
         
      If there is a Hell, punishment must involve listening to these two converse for all of eternity. All of the so-called "questions" she raises have been answered pretty convincingly.
      Report Abuse
    • Author by jcamp (November 18, 2009 11:51 pm ET)
         
      The strategy for the right seems to be, take a lie and repeat it over and over again, and maybe it will become true. Jail time for non buyers of insurance, death panels, rationing, etc, etc, etc. It feels like plugging the dike, with one hole after another opening. We keep refuting the lies, and they keep coming back to life.
      Report Abuse
    • Author by bandofotters (November 19, 2009 9:04 am ET)
         
      "We don't know if those who choose not to purchase this government-mandated level of coverage will face jail time as punishment," advancing the false conservative talking point that under health care reform, the uninsured will face jail time.
      _____________________________________________

      What is it about little words like "is" and in this case, "if" that some people have a tough time comprehending?
      Report Abuse
    • Author by quantpro (November 20, 2009 5:29 pm ET)
         
      This process is so flawed. It will drive voters to the right. Just like a firing squad formed in a circle. Too bad Obama missed his chance for real reform of a corrupt political system.
      Report Abuse

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