Health Law "Taxes" the IRS

by U.S. Senator Chuck Grassley

The highest court in the land issued a landmark decision just days before the United States celebrated its 236th anniversary declaring independence from a tax-happy monarchy.  I respect the Supreme Court, but the colonial patriots who rallied against "taxation without representation" and blazed the trail for liberty, freedom and the pursuit of happiness must have rolled over in their graves on the eve of Independence Day 2012.

The 5-4 ruling upholding the 2010 health care law essentially gives Congress a license to use its taxing authority to regulate and direct the public in infinite scenarios as a means to an end.  Writing for the majority, Chief Justice Roberts threaded a legal needle, massaging the federal law to solve a Constitutional conundrum.

As the Chief Justice wrote in his 59-page opinion, "...the requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax."  Using this logic and Congress' track record for inflating the tax code, it is undoubtedly reasonable that the long arm of the law will be reaching deeper into the public's pocketbooks to steer and regulate citizens' behavior.

Notwithstanding the considerable issues of individual liberty, freedom of religion and free enterprise, the ruling triggers all kinds of administrative nightmares.  By any measure, the Internal Revenue Service already has its hands full administering an exceedingly complex federal tax code.

The IRS handles over 145 million individual tax returns annually and its workforce is under increasing pressure to thwart identity theft, close the tax gap, and balance customer service with efforts to track down tax cheats.

The IRS has enough on its plate to properly and effectively carry out its primary mission:  enforcement of the nation's revenue laws.  That's why during Senate debate on the health care law I raised concerns about giving the IRS more responsibility than it could chew.

Just consider a recent report that reveals a surge in identity theft (450,000 cases) and high-dollar refundable credits fraud.  The IRS faced unprecedented backlogs during the past tax season as the agency worked to keep up with the jump in fraudulent schemes.  Its fraud detection system identified more than one million returns as potentially fraudulent.

As a member of the tax-writing Senate Finance Committee, I have worked to try to make the IRS an accountable tax collection agency.  From championing taxpayer service to strengthening transparency through my advocacy of whistleblowers and the independent taxpayer advocate, I have worked through legislative and oversight channels to help the IRS better do its job for the honest taxpaying public.  The big spenders in Washington tirelessly seek to increase the IRS budget, angling for billion dollar increases.  The tiresome argument undoubtedly will be re-charged now that the IRS has been charged with administering a slew of new tax laws included in the 2010 health care law, including the individual health insurance mandate, the employer free-rider penalty, the premium subsidy for low-income individuals and the small business tax credits.

Consider the "unprecedented" backlog this tax season as just the tip of the iceberg.  Imagine the dysfunction once the IRS starts to sort through millions of returns claiming refundable insurance premium tax credits, verifying income information for the new government insurance exchanges, calculating and collecting excise taxes and assessing the individual mandate tax.

Speaking from three decades of experience as a taxpayer watchdog, my crusade to root out waste, fraud and abuse tells me the IRS hasn't seen anything yet.

Assigning the administration of social welfare programs to IRS is misguided policy.  Unless, of course, centralizing health care, growing new layers of government and putting federal bureaucrats in charge of one-fifth of the nation's economy are underlying goals of 2010 health care law.  The partisan overhaul was an overreach that missed an opportunity to enact important reforms to the health care system that have broad-based support.

The IRS certainly has its work cut out to try and connect the dots and collect the mandate "tax," distribute premium subsidies, administer health insurance coverage and keep on top of its core mission of collecting taxes.

Voters who disagree with the Supreme Court's ruling need to take Justice Roberts' advice. He noted the nine justices on the court "possess neither the expertise nor the prerogative to make policy judgments.  Those decisions are entrusted to our Nation's elected leaders, who can be thrown out of office if the people disagree with them.  It is not our job to protect the people from the consequences of their political choices."

Justice Roberts essentially pitched the ball back to the court of public opinion for the electorate to decide in November if the Supreme Court hit a home run or struck out by upholding the health care law.

Monday, July 16, 2012
More than 3,700 Schools Have Received Honors for Expanding Nutrition and Health

WASHINGTON, July 16, 2012 - USDA Deputy Under Secretary for Food, Nutrition and Consumer Services Janey Thornton yesterday announced that 3,717 schools are now certified in the HealthierUS School Challenge (HUSSC), an initiative that boosts the health and nutrition of the nation's schoolchildren. The HUSSC is one of the key parts of First Lady Michelle Obama's Let's Move! initiative to end childhood obesity within a generation.

"USDA committed to working with schools across the nation to reach the goal of having 2,250 HealthierUS School Challenge-certified schools by the end of June 2012," said Thornton. "USDA and its partners not only succeeded in meeting that milestone, but have also surpassed the goal set for June 2012, a year ahead of schedule."

In February 2010, the First Lady and USDA challenged stakeholders to double the number of HUSSC schools within a year and then add 1,000 schools per year for the following two years. Schools participating in the Challenge are recognized with Gold of Distinction, Gold, Silver, or Bronze certification. Schools participating in the challenge voluntarily adopt USDA standards for their efforts in improving food and beverage offerings, teaching kids about nutritious food choices and being physically active, providing opportunities for physical activity, and having supportive school wellness policies.

"By prioritizing nutrition and physical activity for their children, leaders in these schools and the communities that support them are playing a crucial role in building a healthier next generation," said Thornton. "Through their leadership, we are confident that schools across the nation will be able to implement the new standards for nutrition and ensure that the 32 million lunches and 13 million breakfasts served in schools every day will continue to play a key role in the fight against obesity in this country."

Reducing childhood obesity and improving the nutrition of all Americans are vital to achieving a healthy future for America. USDA is working to implement historic reforms mandated by the Healthy, Hunger-Free Kids Act that will mark the most comprehensive change to food in schools in more than a generation. These reforms include updated nutrition standards for school meals to increase fruits, vegetables, whole grains, and low-fat dairy; performance-based funding increases for schools - the first real increase in 30 years; and training and technical assistance to help schools meet improved standards.

USDA's Food and Nutrition Service (FNS) oversees the administration of 15 nutrition assistance programs, including school meals programs, that touch the lives of one in four Americans over the course of a year. These programs work in concert to form a national safety net against hunger. Visit www.fns.usda.gov for information about FNS and nutrition assistance programs.

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USDA is an equal opportunity provider and employer. To file a complaint of discrimination, write: USDA, Office of the Assistant Secretary for Civil Rights, Office of Adjudication, 1400 Independence Ave., SW, Washington, DC 20250-9410 or call (866) 632-9992 (Toll-free Customer Service), (800) 877-8339 (Local or Federal relay), (866) 377-8642 (Relay voice users).


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From Natural Disasters to Layoffs, Today's World is Full of Tortured Survivors, Physician Says

There wasn't a name for the syndrome before the 1960s, when psychologists started recognizing a condition among patients who all happened to be Holocaust survivors. It came to be known as "survivor guilt."

The affliction also affects those who have endured war, natural disasters, the suicide of a loved one, epidemics and even employment layoffs. Eli Nussbaum, recently named among the top pediatric pulmonologists, is keenly aware of the circumstances surrounding this subset of post-traumatic stress disorder.

"I am a consequence of the Holocaust - both of my parents lost their families during those years," says Nussbaum, author of The Promise (www.elinussbaum.com), a novel that begins in Poland on the eve of World War II and follows three generations through the aftermath.

He is among the group known as the "Second Generation" - children born to survivors anxiously trying to rebuild the families they'd lost. Nussbaum was born in Poland to a man who'd lost his first wife and four children, and a woman who lost her first husband and child, during the Nazi's genocidal regime.

"Because of my family background, I am intimately aware of life's fragility and how a devastating experience can affect a person emotionally," he says. "As a Second Generation, I too was shaped by my parents' trauma. While being raised by survivors made some of us more resilient and better able to adapt and cope, it made others distrustful of outsiders and always on the defense."

For anyone profoundly affected by loss, he says, it's worth the effort to work at transitioning from guilt to appreciation of the gift that is their life. He offers these tips:

• Seek treatment early: The sooner counseling is provided, the more preventable or manageable guilt may be. Early methods may recognize a survivor's feelings and eventually offer alternative perspectives. The hope is to get the survivor to see the loss of colleagues, friends or family as the result of misfortune that has nothing to do with personal culpability.  

• Watch for delayed reactions - even years later: No two individuals are identical, and some survivors do not show symptoms until long after a traumatic event. If you or a loved one has experienced a life-altering change or loss and later develop problems such as clinical depression or a prevalent sense of self-blame, be aware they may be rooted in past trauma and share that information with a counselor. Other problems that could be signs of survivor guilt: nightmares, unpredictable emotional response and anxiety.

• Don't turn to drugs or alcohol to cope with uncomfortable feelings: Many people suffering post-traumatic stress-related disorders try to self-medicate or somehow will themselves into a better mental state. Drug addiction is often the result, which is why those who suspect a problem should seek professional help. One-on-one therapy, as well as group talk and possibly doctor-prescribed medications are frequently used to help survivors move past guilt.

"Whether people are dealing with the loss of life from combat, or an accident, or suicide, they may not consider themselves 'victims.' So they don't seek help," Nussbaum says. "They may also feel that no one has been through the same experience.

"That's why it is important to be surrounded by loved ones who can offer love, support and perhaps the perspective to seek professional help."

Because their families were gone, many Holocaust survivors did not have that option, which Nussbaum says made the writing of his novel that much more imperative.

"Only they can know just what it was like - but suffering is a universal experience to which we can all relate," he says. "Life can get better, and the story of my parents, and the fortune in my life, is proof of that."

About Eliezer Nussbaum, M.D.

Eliezer Nussbaum, M.D., was born in Katowice, Poland. He is a professor of Clinical Pediatrics Step VII at the University of California and Chief of Pediatric Pulmonary Medicine and Medical Director of Pediatric Pulmonary and Cystic Fibrosis Center at Memorial Miller Children's Hospital of Long Beach. He has authored two novels, three non-fiction books and more than 150 scientific publications, and was named among the top U.S. doctors by US News and World Report in 2011-12.

Investigators at the University of Iowa have identified the genes that contribute to cleft palate as one focal point of ongoing research that has remained active for more than 20 years.  Advances in DNA analysis in recent years have enabled these researchers to identify several genes that cause rare, highly inheritable forms of cleft as well as about 10 genes that contribute to the common forms of cleft.

As part of this research, investigators have also found that some of the same genes appear to affect how some wounds of all types?the cleft is a kind of an embryonic wound?might heal, which has implications for trauma and surgical treatments.

Finally, researchers are also using three-dimensional facial imaging to determine how the normal face develops.

QUOTE/UNQUOTE

Jeffrey Murray, M.D., professor of neonatology and genetics at UI Carver College of Medicine and professor of biological sciences, dentistry and epidemiology in the College of Public Health: "These findings provide immediate benefits in finding new pathways in facial development and hold the promise for improving diagnosis and treatment. ... All of this work has benefitted from the active participation of many families from Iowa who contribute freely to the research to benefit others."

DID YOU KNOW?

Approximately one in every 1,000 babies born in the United States is affected by a cleft palate, a cleft lip or both, making the condition the most common birth defect in the country.

AmeriCorps service program benefits include living stipend and education benefit of $5,500

DECORAH, Iowa -- The Northeast Iowa Food & Fitness Initiative has openings for four School Outreach Wellness program volunteers starting Sept. 1.

An AmeriCorps Volunteer position, these School Outreach Wellness members of the Northeast Iowa Food & Fitness Initiative team will receive a living allowance stipend and an additional $5,500 educational award at the end of their service.

For information and applications, contact Emily Neal, director of School Outreach at Luther College, e-mail nealem01@luther.edu, telephone (563) 387-2138, postal address Luther College, Attn: Emily Neal, 700 College Drive, Decorah, IA  52101.

Successful candidates will demonstrate ability to work with others, good communication skills, and experience working with young people. Post-secondary degree preferred.

Review of applications begins July 20, 2012.

The four successful candidates will join a team of enthusiastic folks working in more than 20 schools throughout northeast Iowa to promote local food and physical activity.  They will receive training to serve as a resource for school wellness committees in three regional school districts.

School Outreach Wellness members strengthen relationships with schools and communities regarding wellness for area youth.

Volunteers will sometimes serve as teachers or presenters and at other times train others to be teachers and leaders.  They will help organize school-community events that showcase Farm-to-School and Safe Routes to School programs, develop community partnerships and build healthy families.

Projects can include starting or maintaining school gardens in many communities and instructing students, teachers and staff about the benefits of growing and consuming healthful food. Volunteers work from an office in Luther College Environmental Studies department with desk, computer and phone to facilitate connections with other organizations and people doing similar service.

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Washington?Senate Caucus on International Narcotics Control Chairman Dianne Feinstein (D-Calif.) and Co-Chairman Chuck Grassley (R-Iowa) today announced a hearing Wednesday, July 18, at 2:30 p.m. on prescription drug abuse in the United States.

 

According to a recent survey by Monitoring the Future?a University of Michigan study of U.S. students and young adults funded by the National Institute on Drug Abuse?prescription drugs are the second-most abused category of drugs after marijuana.

WHO:

·         Sen. Feinstein

·         Sen. Grassley

·         Rep. Mary Bono Mack (R-Calif.), co-founder of the Congressional Caucus on Prescription Drug Abuse

·         Gil Kerlikowske, director of the Office of National Drug Control Policy

·         Joseph Rannazzisi, deputy assistant administrator with the Drug Enforcement Administration

·         John Eadie, director of the Prescription Monitoring Program Center of Excellence at Brandeis University

·         Avi Israel, a parent advocate in Buffalo, N.Y.

·         Vernon Porter, a parent advocate in Orange County, Calif.

·         Joseph Harmison, owner of Harmison Pharmacies in Arlington, Texas

 

WHAT: Senate Caucus on International Narcotics Control hearing: Responding to the Prescription Drug Abuse Epidemic

WHEN: 2:30 p.m., Wednesday, July 18

WHERE: Dirksen Senate Office Building, Room 562

A live stream of the hearing will be available online at www.drugcaucus.senate.gov.

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House Vote to Repeal the Affordable Care Act = Politics as Usual

"We are in this fight to keep Medicare benefits from being stripped away from millions of seniors by Members of Congress who vote to repeal the Affordable Care Act. The ACA will save lives, it will provide coverage to millions who lack insurance and it already provides improved benefits for less cost to seniors in Medicare. America's health and economic security should take priority over election-year politics; however, this vote proves once again, politics trumps policy in the House.  The Affordable Care Act is law, it's working, and it's long past time for Congress to start making economic growth a priority." Max Richtman, President/CEO

While political rhetoric dominated much of today's House repeal debate, the facts about the benefits provided to seniors in Medicare -- which would be lost if health care reform was repealed -- were largely ignored.  Here are just a few of the benefits that would be lost if the Affordable Care Act was repealed.

*  The typical senior would lose $4,200 over the next decade in prescription drug savings provided in the ACA

*  The Part D coverage gap known as the 'donut hole' would return

*   Annual wellness visits for beneficiaries would no longer be covered by Medicare

*   Seniors will now pay more for preventive services. Medicare would no longer fully cover

screenings like mammograms, pap smears, bone mass measurements, depression screening,

diabetes screening, HIV screening and obesity screenings

*   Almost 3.3 million uninsured Americans ages 50-64 who would have been insured under

Medicaid will remain uninsured

*   The Medicare Trust Fund's solvency would be shortened by 8 years

A full analysis of the Medicare and Medicaid improvements that were preserved as a result of the recent Supreme Court ruling to uphold the Affordable Care Act can be found on the National Committee's website.

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The National Committee, a nonprofit, nonpartisan organization acts in the interests of its membership through advocacy, education, services, grassroots efforts and the leadership of the Board of Directors and professional staff. The work of the National Committee is directed toward developing better-informed citizens and voters.

Washington, D.C. - Rep. Bruce Braley (IA-01) released the following statement today after voting against a Republican bill that would repeal the Affordable Care Act (ACA):

"I voted against repeal today for the sake of thousands of Iowans like my nephew, Tucker.  Tucker survived a fight with liver cancer at age 2 because he had health insurance.  But his parents lived in constant fear of losing their jobs because if they did, Tucker would be denied new insurance due to his pre-existing condition.  The healthcare reform law ended those fears - but repealing the law would roll back this important reform and many more.

 

"Because of the Affordable Care Act, 18,000 young Iowans can stay on their parents' insurance up to age 26, insurance companies are prohibited from denying coverage due to preexisting conditions, screenings for diseases like breast cancer are covered 100 percent, and 42,000 Iowa seniors are saving an average of $615 per year on their Medicare prescription drug benefits.

 

"Iowans can't afford to go back to where we started."

 

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Supports House efforts to repeal the health care reform law; wants to replace with true efforts to lower cost

Washington, DC - Congressman Bobby Schilling (IL-17) today released the following statement after voting in favor of H.R. 6079, legislation to repeal the Affordable Care Act:

"The wait on the health care reform law's constitutionality is over, but the uncertainty remains for folks across the country," said Schilling.  "Workers are unsure of how this law will change their current health care plans or impact their employment, and business owners are unsure of what complying with the law will cost them in time and resources.  Meanwhile, health care costs continue to rise.  

"My goal is to make health care affordable and accessible, and this law just doesn't do the trick.  I will continue working with anyone I can to roll back this law and replace it with efforts to guarantee folks in Illinois' 17th Congressional District and throughout the country have access to health care that's high quality, patient-centered, convenient, and affordable."

Believing it is important for Members of Congress to lead by example, Schilling rejected the Congressional health care plan and brought his own health care plan to Washington.  As the father of 10, he knows well the need to reduce the cost of health care and improve its accessibility.

Prior to the Supreme Court releasing its decision on the law's future, Schilling released a detailed plan for true health care reform that can be found here on his website.  He is also seeking input on his continuing efforts to improve health care.  

Schilling spoke on the floor of the House of Representatives in support of H.R. 6079, which passed the House today in a bipartisan vote of 244-185.  Text of his remarks as prepared for delivery can be found below, and video can be found here.   

Mr. Speaker, like many in Illinois' 17th District, I'm disappointed that the Supreme Court decided to uphold the President's health care reform law.

The court ruled what we all knew from the beginning but the president wouldn't acknowledge -- the law's "individual mandate" is really as a tax on the American people and businesses that create jobs.

Under this law, health care costs remain too high.

Government bureaucrats remain between patients and their doctors.

Too many Americans remain unemployed, with national unemployment hovering above 8 percent for the last 41 straight months.

The law's medical device tax will continue to raise health care costs and limit the ability of facilities like Cook Medical in Canton, Illinois to expand and grow jobs.

And the law's employer mandate will continue to force employers to choose between paying a penalty, increasing the number of employees eligible for health care coverage, replacing full time staff with part-time employees, or laying folks off.

Mr. Speaker, now is not the time to raise taxes on working class families or employers.

We need to repeal this law and get to work on bipartisan health care reform that lowers costs and makes health care more convenient and more affordable.

I'm new to Congress, but I have a plan to address rising health care costs while ensuring those who need it have access to coverage.  I urge men and women from across America to visit schilling.house.gov to take a look.

I yield back the balance of my time.

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To send Congressman Schilling an e-mail, click here
Champaign:  On July 11th, the do-nothing Congress which has worked fewer days than any other Congress in modern times will be voting for the 31st time to take away health care security for the American people.  

"Obamacare does one very important thing:  Insurance companies can't rip you off anymore. Those who are fighting to gut the law today are doing the bidding of their high dollar donors from the insurance industry, plain and simple." stressed Jim Duffett, Executive Director of the Campaign for Better Health Care.

The GOP leadership in the U.S. House of Representatives and those individual congresspeople who want to repeal Obamacare are sending a clear signal that their vote today will take away health care protections and safeguards for the American people.
Specifically:
  • Tens of millions of seniors will have to pay thousands of dollars more a year for prescription drugs
  • Tens of millions of our children will now be discriminated against by the insurance industry for pre-existing conditions, and be kicked off their parents health care plans once graduating from high school or college
  • Millions of small businesses will lose tax credits now and in the future to pay for health care for their employees, and will be denied access to insurance through a large insurance pool called the Exchange
  • All Americans will be at the mercy of the insurance companies, who will be able to cancel their policies at any time, cap the level of medical coverage, and charge customers whatever they want
  • Women will be forced to pay 3, 4 or 5 times more in health care premiums
  • 30-35 million Americans will lose the shared opportunity and responsibility to purchase health insurance for themselves and their families
  • The federal deficit will increase by hundreds of billions of dollars; hundreds of thousands of Americans will face medical bankruptcy due to medical bills; and hundreds of hospitals, clinics, and other health facilities will close their doors

Duffett continues, "For tens of millions of hard working Americans and small businesses this isn't a political issue, it's a personal one.  Their health depends on it.  The taxpayers of America subsidize the health care costs of those members who will be voting to repeal Obamacare today by immorally pulling the health security rug out from beneath the feet of the American people.  Their alternative to Obamacare for small businesses and middle class families is - don't get sick.  No wonder the GOP controlled House of Representatives have a favorable rating of 10%.  Shame on you," concluded Duffett.

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