Administration Admits to Court: Under Obamacare, Select Group Can Get Health Care, Not Pay for It, Not Buy Insurance, Not Pay Penalty
Solicitor General Donald Verrilli (AP Photo/Evan Vucci)
(CNSNews.com) - President Barack Obama has justified the mandate in his health-care law that requires individuals to buy health insurance by arguing that it will eliminate free riders—that is, people who get health care (often from emergency rooms) but, lacking insurance, never pay anything back into the health-care system.
"So that's why the individual mandate's important," Obama explained in a speech on Aug. 15, 2011.
"Because the basic theory is, look, everybody here at some point or another is going to need medical care, and you can't be a free-rider on everybody else," said Obama. "You can't not have health insurance, then go to the emergency room, and each of us, who've don the responsible thing and have health insurance, suddenly we now have to pay the premiums for you. That's not fair. So, if you can afford it, you should get health insurance just like you get car insurance."
However, in the Supreme Court on Monday, Justice Samuel Alito forced President Barack Obama’s solicitor general, Donald Verrilli, to admit that under Obamacare these free riders will not be eliminated despite the individual mandate.
For an elite group—including people eligible for Medicaid who don’t sign up for it and people whose health care expenses exceed 8 percent of their income—the Obamacare mandate is no mandate and the penalty is neither a penalty nor a tax because they are not required to pay it, period.
Under Obamacare, Verrilli conceded, these people can continue to receive free health care care, not sign up for health insurance, not sign up for Medicaid, and not pay a penalty. Here is an exchange that took place during today’s oral arguments in the Supreme Court in which Verrilli explained this part of the Obamacare law:
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"In the case of an individual who is seeking an exemption certificate under section 1311(d)(4)(H) from any requirement or penalty imposed by section 5000A, the following information:
In the case of an individual seeking exemption based on the individual’s status as a
member of an exempt religious sect or division, as a member of a health care sharing ministry, as an Indian,
or as an individual eligible for a hardship exemption, such information as the Secretary shall prescribe.”
Senate Bill, H.R. 3590, pages 273-274
There are several reasons why an individual could claim exemption, being a member of a religion that does not believe in insurance is one of them. Islam is one of those religions. Muslims believe that health insurance is “haraam”, or forbidden; because they liken the ambiguity and probability of insurance to gambling. This belief excludes them from any of the requirements, mandates, or penalties set forth in the bill. Other excluded groups include Amish, American Indians, and Christian Scientists".
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Ok, I can dig the funky hats, for awhile.
Wonder how they can cover 2300 pages in 3 days, when most of Congress has still not read the darn thing.