Toomey, Burr Name out Brazen, Unilateral Try by IRS to Develop Obamacare Subsidies

Washington, D.C. – U.S. Senators Pat Toomey (R-Pa.),

Ranking Member of the Senate Banking Committee;
Richard Burr (R-N.C.), Ranking

Member of the Senate Health, Education, Labor and Pensions (HELP) Committee;

and Senator Bill Cassidy, M.D. (R-La.) sent

a letter
to Internal Revenue Service (IRS) Commissioner Charles Rettig

demanding clarity on its proposal to illegally expand the Affordable Care Act’s

premium tax credit (PTC), which would cost taxpayers billions more each year

and give the federal government an even larger role in families’ health care

decisions. One estimate projects this unilateral move could cost the taxpayers

$45 billion over the next ten years.

 On April 5, 2022, the Biden

Administration proposed a change to the affordability test of

employer-sponsored insurance by basing affordability on the cost of family

coverage, not self-only coverage, in clear violation of existing law. Given

ongoing concerns about the ability of the IRS to act as a non-partisan enforcer

of tax law, the Senators question the IRS’ decision to reverse its long-held

practice of following the law, as written.

 “The proposal in question runs

contrary to the long-held position of the IRS, including under former President

Obama,”
the Senators wrote. “This not only runs counter to the plain

reading of the law, but would dramatically expand spending on Obamacare plans

and result in a significant shift of individuals out of employer-sponsored

insurance and into government-designed and subsidized Obamacare coverage.”

 The Senators also criticized the

Administration for its unconstitutional attempt to unilaterally change existing

law and for failing to provide necessary analyses of the rule’s effects on

government spending and health coverage. Past estimates from the Urban

Institute
and Congressional

Budget Office project the proposal will cost taxpayers tens of billions

over the next decade.

The senators continued, “According to Article I, Section 8

of the U.S. Constitution, Congress is empowered to ‘lay and collect Taxes,

Duties, Imposts and Excises.’ The IRS has no constitutional basis for

unilaterally changing the laws Congress has enacted.

“Moreover, in its proposal the IRS

did not include necessary projections of its impacts on cost and coverage.

President Biden and White House officials are touting estimates that nearly 1

million Americans who already have insurance would receive additional

subsidies, while just 200,000 previously uninsured Americans would gain

coverage under the proposal. This would suggest an analysis has been conducted,

raising questions as to why such an analysis was not published in the

proposal.”

To read the full letter, click here.

 Background:

 During consideration of the

Affordable Care Act, or Obamacare, several provisions were included to prevent

the erosion of employer-sponsored health insurance. One specific provision

prevented individuals from receiving subsidies for Obamacare plans if they had

an offer of “affordable” coverage from their employer. Obamacare specified that

if a family received an offer of employer-sponsored health insurance, each

family member is considered to also have an offer of “affordable” coverage if

the employee’s premium contribution for self-only coverage – not family

coverage – is less than 9.5 percent of income.
 

The IRS’ proposed rule reverses this

long-held practice of following the law, as written, and threatens Americans’

access to employer-sponsored insurance. 

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