Obamacare

Are you exempt from Obamacare’s individual mandate?

There have been numerous questions in regards to an individual mandate required under the Affordable Care Act. The individual mandate is the regulation that requires almost everyone to have a health insurance plan that covers the “essential benefits”. The Patient Protection and Affordable Care Act, or as it is commonly referred to as Obamacare, generally requires individuals to maintain a minimum level of health insurance beginning January 1, 2014. Most of those who choose not to meet the law’s requirements will have to pay a penalty.

An individual will be considered to have minimum essential coverage for any month where he or she is legally enrolled in one of the following types of coverage – for at least one day. Once the requirement is met, there are no additional coverage requirements that must be met:

• An employer group health plan
• An individual health insurance policy
• A government plan, including Medicare (and/or Medicare Advantage Plan), Medicaid, Children’s Health Insurance Program, TRICARE or veteran coverage
• Student health coverage
• State high-risk pool coverage
• Coverage for non-U.S. citizen – provided by another country
• Refugee medical assistance – provided by the Administration for Children and Families
• AmeriCorp volunteer coverage
First Tax Penalties: An individual who falls into one of the following scenarios will not have to pay the health insurance tax penalty if they do not have a health insurance plan with the essential benefits:
• If you cannot afford coverage
• If you are a taxpayer with income below the tax filing threshold
• If you qualify for a hardship exemption and are not eligible for Medicaid
• If you experienced a gap in minimum essential coverage of less than 3 consecutive months in a calendar year
• Members of religious groups that object to coverage
• Prison inmates
• Non U. S. citizens
• Native American tribe members

Act 26 USC Section 501 (r) (5) “requires any hospital that seeks 501(c) (3) non-profit status to limit the amounts it charges to patients eligible for assistance under the hospital’s financial assistance policy to no more than the amounts the hospital generally billed to individuals who have insurance covering such care.” Bottom line: hospitals will not be able to overcharge some while undercharging others.

How will this effect personal injury claims, or someone trying to file a medical malpractice case? There are many uncertainties and questions in regards to this new health care reform, don't be the last to know your rights seek the help of an experienced attorney. We are here and ready equipped with all the knowledge you need to answer all your questions about this new reform and how it may affect you.