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AJR-23 Federal Patient Protection and Affordable Care Act: requirement to purchase health insurance.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Joint Resolution
No. 23


Introduced by Assembly Members Logue and Morrell
(Coauthors: Assembly Members Achadjian, Dahle, Beth Gaines, Grove, Harkey, Jones, Olsen, Patterson, Wagner, Waldron, and Wilk)

May 31, 2013


Relative to health care.


LEGISLATIVE COUNSEL'S DIGEST


AJR 23, as introduced, Logue. Federal Patient Protection and Affordable Care Act: requirement to purchase health insurance.
This measure would urge the President to remove any financial oversight responsibilities of the Internal Revenue Service with regard to the administration of the federal Patient Protection and Affordable Care Act and instead have those duties transferred to a separate board, created by and accountable to Congress.
Fiscal Committee: NO  

WHEREAS, On March 23, 2010, President Obama signed the federal Patient Protection and Affordable Care Act (ACA), which requires most United States citizens and legal residents to have health insurance, specifies a minimum benefit design for insurance coverage, creates state-based American Health Benefit Exchanges through which individuals can purchase coverage with premium and cost-sharing credits, requires employers to pay penalties for employees who receive tax credits for health insurance through an Exchange, imposes new regulations on health plans in the Exchanges and in the individual and small group markets, permits states to expand Medicaid, and provides the Internal Revenue Service (IRS) with numerous new responsibilities; and
WHEREAS, The ACA gives the IRS the unprecedented power to force individual citizens and employers with 50 or more employees to either purchase a health insurance plan designed by Washington D.C. politicians, bureaucrats, and lobbyists or pay thousands of dollars in fines; and
WHEREAS, In implementing the ACA, the federal government has unleashed the IRS to hunt down and fine otherwise law-abiding individuals and employers; and
WHEREAS, The IRS has requested funding for 1,954 new agents and the creation of the largest personal information database the federal government has ever attempted, the Federal Data Service Hub, in order to decide who is complying with the law, who will be fined, who will receive hundreds of billions of dollars in tax credits, and how much each health insurer will pay as a part of a new annual $8 billion tax; and
WHEREAS, Employers must begin recording the aggregate cost of employer-sponsored medical coverage on every employee’s IRS Form W-2; and
WHEREAS, The IRS, in order to implement the ACA, will receive information from insurers and taxpayers to prove whether each citizen purchased an insurance policy this year, whether the specific insurance policy meets specific government requirements, whether the citizen is “a member of a recognized religious sect” and therefore exempt from the individual mandate, and whether the citizen and members of his or her family are working full-time or part-time; and
WHEREAS, Because provisions of the employer mandate mean that an employer can be fined by the IRS in certain circumstances if the employer’s employee qualifies for a subsidy from an exchange due to changes in the employee’s personal circumstances, such as a spouse’s lost coverage or a divorce, employers seeking to avoid the IRS fine will be forced to demand detailed household income information from their employees, which would result in an unnecessary loss of an employee’s and his or her family’s privacy; and
WHEREAS, In early 2012, the Inspector General for Tax Administration began an audit that files using acceptable government accounting standards to review case files; and
WHEREAS, The Inspector General for Tax Administration reported that in 2010, the IRS “developed and used criteria to identify potential political cases for review that inappropriately identified specific groups applying for tax-exempt status based on their names and policy positions…”; and
WHEREAS, The Inspector General’s report found that the IRS developed and began using criteria to review specific groups applying for tax-exempt status based on their names or policy positions instead of developing nonbiased criteria based on the tax laws and Treasury Regulations; and
WHEREAS, According to the Inspector General’s report, on January 15, 2012, the Internal Revenue Service decided to target “political action type organizations involved in limiting or expanding Government, educating on the Constitution and Bill of Rights, and social economic reform movement”; and
WHEREAS, Lois G. Lerner, the Internal Revenue Service official who oversaw tax-exempt groups, first revealed publicly on May 10, 2013, that IRS personnel had targeted the groups; and
WHEREAS, Sarah Hall Ingram, the IRS official who ran the scandal-ridden tax-exempt organizations division between 2009–2012 now runs the agency’s Affordable Care Act office; and
WHEREAS, It is inappropriate and unacceptable for one of the most powerful government agencies to target various groups for political purposes; now, therefore, be it
Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature calls on President of the United States and the United States Congress, as a first step, to remove any financial oversight responsibilities of the IRS with regard to the administration of the ACA; and be it further
Resolved, That the administrative responsibilities of the IRS with regard to the ACA be transferred to a separate board, created by and accountable to Congress; and be it further
Resolved, That this board, in accordance with the law and the of the people, will determine the mechanism for enforcement of the ACA; and be it further
Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the author for appropriate distribution, to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, and to each Senator and Representative from California in the Congress of the United States.