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Simple question: Is jail time a possible penalty under the mandate?

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dorkulon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:00 AM
Original message
Simple question: Is jail time a possible penalty under the mandate?
What are the prescribed punishments for failing to purchase health insurance?
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:01 AM
Response to Original message
1. No, it's a fine.
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LaydeeBug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:39 AM
Response to Reply #1
26. and if you can't pay the fine, you go to jail, where you have access to health care. nt
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:49 AM
Response to Reply #26
29. Sure, just keep ignoring the amendment that says it won't and make up your own answers.
It's worth noting that the Senate Finance Committee's version of the bill includes an amendment specifying that no one could be imprisoned or face civil penalties for ignoring the tax.

http://www.npr.org/blogs/health/2009/11/gop_charge_skipping_insurance.html#commentBlock
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:55 AM
Response to Reply #29
33. The amendments is included in all versions of the bill?
I tried searching for the text of the amendment and came up empty.

Sorry if I don't hang my hat on a Secret Amendment that isn't in all forms of the bill.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 11:50 AM
Response to Reply #33
37. You should only be concerned with the Senate bill that may/may not be voted on. And here, on page
340, it says:

1 ‘‘(A) WAIVER OF CRIMINAL PENALTIES.—
2 In the case of any failure by a taxpayer to time3
ly pay any penalty imposed by this section, such
4 taxpayer shall not be subject to any criminal
5 prosecution or penalty with respect to such fail6
ure.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 11:53 AM
Response to Reply #37
38. Of course no protection for incorrect/fradulent filing or nonfiling.
Someone knowing they got hit with a HCR tax may just not file a return. The IRS could consider that willful noncompliance. Using nonfiling to hide tax liabilities.

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LaydeeBug Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 03:06 AM
Response to Reply #29
40. isn't a fine a civil penalty? Of COURSE it is...
but you already knew that, didn't you?
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:48 AM
Response to Reply #1
28. It is a fine and the fine is collected via the IRS and failure to pay taxes assessed by the IRS...
Edited on Thu Dec-17-09 10:54 AM by Statistical
can lead to further fines, penalties, ganrishments and YES jail time.

So saying you can't be put in jail is like saying you can't be put in jail for speeding.
Well no it isn't like the act of speeding instantly and magically teleports you into jail (without passing "GO").
However speeding can start a chain of events which leads you to jail.

Ask Wesley Snipes if you can go to jail for not paying taxes.

Will most "non compliant Americans go to jail".

No most will simply pay the fine/tax.
Of those that don't the IRS will catch then slap interest, and penalties onto the original fine/tax and they will pay that.
Of those that don't the IRS will seek garnishment, liens, or other civil action to collect even more fines & penalties.

However some Americans will go to jail as a result of "willful noncompliance".
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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 11:07 AM
Response to Reply #28
35. Wrong. People don't go to jail for not having the money to pay an IRS bill.
Edited on Thu Dec-17-09 11:07 AM by kestrel91316
Jail is for those who fail to file returns of file fraudulent returns.

If you owe the IRS a fine, they take "collection" measures, up to an including seizure of property. The IRS does not jail people for not paying. We do not have debtor's prisons. This is a RW fabrication.
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Statistical Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 11:18 AM
Response to Reply #35
36. To avoid paying the fee what do you think most people will do?
Most people don't file a legit tax return and just simply not pay the IRS.

Most people will "check the right box" so the tax returns says they don't owe the money.

When IRS catches them they will have filed a fradulent return. Doing so can result in jail time.

Likely 99.9999999% of Americans will NOT go to Jail over this but people do go to jail every year from "willfully avoiding tax liabilities".

The idea that nobody (not once, not ever) will go to jail as a result of the HCR fine/tax is a joke.

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chandler2 Donating Member (179 posts) Send PM | Profile | Ignore Thu Dec-17-09 10:01 AM
Response to Original message
2. It's already jail time for failure to purchase auto insurance
I know, because it happened to me.
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Obamanaut Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:06 AM
Response to Reply #2
8. Were you operating a vehicle on your own property or on public
roads? Was there an accident involved on a public road?
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chandler2 Donating Member (179 posts) Send PM | Profile | Ignore Thu Dec-17-09 10:11 AM
Response to Reply #8
12. Public street, no accident --- not the point, though.

Should it be illegal to NOT purchase insurance against being stupid? How about for acts which result from ignorance, meanness,
jealousy of co-worker(s) resulting in trying to get them fired etc.

Why should you be required to purchase auto liability insurance? Prior to the laws which mandate it, if you were involved in
an accident with an uninsured driver, YOUR insurance would take care of any damages to your vehicle.

Should you be required to purchase EMPLOYMENT insurance...so you won't be a drain on society by expecting to be compensated
while you aren't working?
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dorkulon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:17 AM
Response to Reply #12
16. It's a little different.
You're only required to have car insurance if you have a car. The health insurance mandate applies to anyone who is simply alive. You can choose not to have a car--theoretically, anyhow.
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chandler2 Donating Member (179 posts) Send PM | Profile | Ignore Thu Dec-17-09 10:21 AM
Response to Reply #16
20. You have failed to grasp the point of the argument. nt
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ProdigalJunkMail Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:26 AM
Response to Reply #20
22. wrong...you have failed to make a cogent argument n/t
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Obamanaut Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 12:01 PM
Response to Reply #16
39. And, one can choose to have a car without insurance. Keep the car
on your own property, drive it around your own acreage to your heart's content, don't get a vehicle tag to operate on public streets then keep it off the public streets.

There is no requirement for insurance for an auto UNLESS one takes it out into the public on public streets.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:28 AM
Response to Reply #12
23. Why should my insurance be higher to pay for your lack of insurance?
"Prior to the laws which mandate it, if you were involved in
an accident with an uninsured driver, YOUR insurance would take care of any damages to your vehicle."

And the only way that worked was that all the insured had higher rates than they otherwise would have.
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LaydeeBug Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:41 AM
Response to Reply #2
27. You don't HAVE to drive a car uninsured, you could have gone with the PUBLIC option of the bus
or a private option of calling a cab. This is why the car insurance mandate = health insurance mandate IS JUST BULLSHIT PLAIN AND SIMPLE.
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Rosa Luxemburg Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:03 AM
Response to Original message
3. the mandate is silly - single payer takes it out of your salary direct to doctors
without the insurance company piranhas
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chandler2 Donating Member (179 posts) Send PM | Profile | Ignore Thu Dec-17-09 10:14 AM
Response to Reply #3
14. It isn't silly to ins. co. executives & enforcement bureaucrats...

speaking of which, a whole new for-profit business sector will be allowed to identify those who aren't insured.

No, it isn't silly. It's a $$$ scam.
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Rosa Luxemburg Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:18 AM
Response to Reply #14
17. Aetna $34 million a year CEO
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OneGrassRoot Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:03 AM
Response to Original message
4. Here's a highly entertaining thread about same. :)
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MercutioATC Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:03 AM
Response to Original message
5. My understanding is no, officially...but yes, in practice.
There would be a fine accessed to those that do not obtain health insurance.

Failure to pay that fine could legally result in jail time.
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DrDan Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:05 AM
Response to Reply #5
7. for those that can't pay the premiums, how are they suppose to pay the fine?
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MercutioATC Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:09 AM
Response to Reply #7
9. Stop asking reasonable questions.
I have no idea...which is why I don't understand how they intend to enforce the mandate.




"I killed three people. What are YOU in for?"

"My health insurance lapsed."
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murray hill farm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:18 AM
Response to Reply #9
18. Well.....on the positive side...
If you are in jail, then you are not homeless, you get fed and clothed...AND, your health care is provided...no cost! Cool!!!
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MercutioATC Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:23 AM
Response to Reply #18
21. I'm not so sure you'd like your neighbors, though.
...and the ambiance leaves something to be desired.
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murray hill farm Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 11:01 AM
Response to Reply #21
34. I know....
always something! Ha!
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napi21 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:05 AM
Response to Original message
6. There was a post yesterday about this that had a link.
Edited on Thu Dec-17-09 10:12 AM by napi21
There is no direct jail time for not buying ins, just a fine in form of a tax. BUT, there is possible jail time for non-payment of taxes due. So it's a possible defacto jail time. I'll try to find the post.

Here's the link from yesterday.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x7247785
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Walk away Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:10 AM
Response to Original message
10. Hopefully it is considered a federal crime to not pay the fine/tax.
Then at least you'll be sent to a prison/medical facility if you are ill, you will have three hots and a cot plus a job. Better that freedom in the U.S.A.!
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ananda Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:10 AM
Response to Original message
11. It's epic Dickensian evil.
Punish people for not being able to buy health insurance
because companies are downsizing, outsourcing, not
providing benefits, etc. while at the same time forcing
Congress to give them more money to go down the sinkhole
of bonuses and big executive pay packages.

It's called predatory flood up economics and it aint
nuthin nice.
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dgibby Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:51 AM
Response to Reply #11
32. The sooner they can destroy the middle class, the sooner
they'll be able to make more money off of Globalization.
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dorkulon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:14 AM
Response to Original message
13. Found a link that pretty much explains it:
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tomm2thumbs Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:16 AM
Response to Reply #13
15. omg - that picture!

and the donkey appears to actually like it - shows how sick Washington Democrats have gotten that getting plowed by a turncoat they took back into their caucus makes 'em happy
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dorkulon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:20 AM
Response to Reply #15
19. lol it's from the last "50 most loathsome Americans" list.
Seemed appropriate when I put it in my sig yesterday :)
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Jamastiene Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:34 AM
Response to Original message
24. If you cannot afford the health insurance,
you probably cannot afford the tax they impose on you for not buying the insurance either. And not paying that tax can land you in prison for 1 to 5 years with stiffer fines. So, it can lead to prison that way.
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yodoobo Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:39 AM
Response to Original message
25. Yes, but only indirectly
Edited on Thu Dec-17-09 10:42 AM by yodoobo
The penalty for not buying insurance is a fine imposed by the IRS.

If you don't pay the IRS fine, then you are subject to the standard IRS enforcement mechanisms which do include jail time and seizure and sale of any assets you might have.



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closeupready Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:50 AM
Response to Original message
30. Since the mandate is a tax, yes, just like if you refuse to pay your income taxes.
n/t
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Nikki Stone1 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Dec-17-09 10:50 AM
Response to Original message
31. Jail time is a penalty for not paying IRS fines/taxes. I imagine that insurance fines will
operate the same way.

At very least, it will ruin your credit and you won't ever be able to get ahead. It is also possible that your children will eventually not be allowed to attend school without proof of insurance.
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readmoreoften Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 03:13 AM
Response to Original message
41. Didn't a primary season post have a Dem saying "I envision a day when you have to have insurance to
apply for a job"? I'm paraphrasing; it was something to that effect, though. I wonder if we're going to have to have our insurance card to apply for jobs the way students must be insured to attend college. Anyone have a link? Sorry for being so vague.
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liberalpragmatist Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-18-09 03:15 AM
Response to Original message
42. $95 fine in 2014. $750 fine in 2015
$750 fine in 2015 paid as a tax on your tax form.
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