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Healthcare Reform? Supreme Court? Doesn't Matter To Me

Posted: 06/21/2012 10:15 am

Let me please share a few things that have zero impact on my life.

Gays in the military. The Facebook IPO. The Ivy League college admissions process as regards to my three high school age kids. Lindsay Lohan. Gay marriage. The new Spiderman movie. Roger Clemens. The two gay guys on Modern Family. The NBA finals. Jerry Sandusky. Betty White.

Not that these things (and people) aren't important to some and I respect that. It's just that I don't have to think about them very much. They are of little consequence to me.

Oh, I forgot healthcare reform. That is also of little consequence to me. Or my business for that matter.

Because very, very soon the Supreme Court will rule on whether all or parts of the Patient Protection and Affordable Care Act of 2010 is constitutional. It'll be big news. But not for me. And not for my small business. Or most of the small business owners I know. Contrary to what many anti-legislation groups are arguing, most small businesses like mine have been blissfully left out of the healthcare debate. Healthcare reform doesn't affect most of us, at least not in the short term. And even in the long term its effects are murky at best.

For example there's the tax credit for small business that's part of the legislation. Companies like mine can take a credit against taxes owed based on how much health insurance we're paying. Sounds like a good thing, right? It is a good thing. But for a very select few. That's because to take full advantage of the credit you need to have less than 10 full time employees earning an average salary of $25,000 per year. From there it gets reduced. So unless you're employing oompah loompas making everlasting gobstoppers somewhere in Alabama you're going to find yourself disappointed by the actual benefit you receive, if any. Sure, it can add up to a few bucks saved. But for most it's not such a big impact. This would be why only 170,000 small businesses actually took advantage of the tax credit last year. Remember...that's out of 20 million small businesses.

By the way...these aren't the only tax implications of the bill. Starting in 2013 there's a new "unearned income" tax, an increase in our Medicare tax rate and a decrease in the amount of itemized deductions we're allowed to take against income. This is all part of the funding of the legislation. Who here thinks, with the government's current deficit problems, that these taxes will be changed or removed regardless of the Supreme Court's decision? Anyone? Bueller?

There's a lot of yelling and screaming about "the mandate." Individuals will be required to have health insurance or pay a fine. And the government will require businesses to provide a qualified health insurance plan for their employees or face a penalty of up to $2,000 per year for each. I'm not sure why this upsets them. Most companies pay an average of $9,000 per year per employee for health insurance as it is. So, in a worst case scenario, a company could ditch their plan and just pay the penalty. Or, as most executives I know are considering, just pay the fine and then come up with a reimbursement for an employee who then buys their insurance on their own so that they're not paying any more than before. For many, the cost would still be about the same, or even less. What does this amount to? It amounts to not much of a difference whether the legislation moves forward or not.

In either case, it definitely doesn't affect my business. That's because I forbid my people from drinking sodas in 32 ounce cups. Oh, and it's also because I employ less than fifty people. So therefore my business, like the great majority of those 20 million small businesses, is exempt from the legislation. Nyah! Nyah! We can offer health insurance. Or we can ditch our plans and tell our employees to go fend for themselves. Or meet them somewhere in the middle. We can do all this without fear of paying a penalty. For many of us, the upcoming Supreme Court ruling is about as important as Arsenio Hall returning to late night TV. See? You don't care either. Whether the legislation is blessed by the Supreme Court or not, we will not stop providing health insurance for our employees. And the cost will likely be the same to us too.

And from what I read recently, it's unlikely that many health insurers are going to turn back on some of the coverage they've been required to provide as part of the legislation: "UnitedHealth Group, Humana, Aetna and BlueCross BlueShield of Tennessee all said that they will continue to cover preventive care such as immunizations and screenings without requiring patients to pay a set fee called a co-payment. They also said they'd still cover adult children up to age 26 through their parents' insurance plans." Let's put aside the obvious fact that this is just too good a PR opportunity for them to pass up and give them credit where credit is due. And although I'm happy that these insurers will continue to provide these benefits for my employees, unless they announce coverage for the treatment of pattern male baldness I'm really not affected by this decision either. Granted, some of the more expensive parts of the coverage, like pre-existing conditions, may likely never see the light of day, which is a shame.

And is any small business owner yet seeing a reduction in their healthcare premiums? Hello? I thought not. That's because two years into the legislation the cost of healthcare continues to rise. It's one of those invoices, like the cable bill and the spouse's credit card, that business owners fear opening every month. This has not changed. And most of us don't believe it ever will. This is why so many small business owners are ambivalent about the current healthcare reform legislation. We have our reasons.

And here's the biggest reason: we don't understand the numbers. We don't believe the supporters who say that the legislation will lower the cost of healthcare over the long term. The crux of the plan assumes that states, with federal assistance, will setup their own exchanges where individuals and businesses can go to purchase their health insurance. You've heard about this, right? The exchanges will be a level playing field. It will be a gloriously competitive marketplace for insurance providers. All types of insurance options will be available. And insurance companies will need to get the approval from government appointed committees before raising their rates or denying coverage. The economic models rest on the assumption that the 34 million people who are now currently without healthcare will (under law) be forced to join the market and create a giant new market opportunity for the insurance providers, therefore lowering their costs for all. Makes sense, right?

Not to the business people I know. We wonder how those 34 million are going to pay for their health insurance from an exchange when they can't afford to pay it now. Or don't want to. And when this becomes a required mandate in 2014 we wonder how the government is going to enforce the law. Will all, or most of these people enter the market and drive down costs? Really? And will the government be able to go after those who don't without adding thousands of auditors and overhead to their already unbalanced budget? Hey...are you thinking what I'm thinking? Bring in those oompah loompahs! They'll do the job for almost nothing...and sing about it too! Most of us don't believe that costs will go down. The numbers don't add up. We just don't know.

But to be sure, many small business owners don't believe in the doomsday predictions either. That's because there are a lot of good things about healthcare reform that could benefit the economy. The theorists could be right and those 34 million new consumers may drive down costs. It may be more efficient to let a governmental body oversee insurance rates. The state exchanges may be a more effective way to deliver health insurance. Required coverage for things like pre-existing conditions may provide added benefit to employers who can then hire key talent without being restricted by their health insurance companies. It's just that like the ingredients contained in those over the counter energy drinks: we're drinking it, but we're a little nervous what inside.

But here's what we do know: given all that could happen it's likely that the same will happen whether the Supreme Court weighs in favor of the legislation or not. Costs will likely continue to rise. Gaps in coverage will still exist. Our national deficit will continue to be our national deficit. Our health system will still be far from perfect. But whatever the case, my small business is really just a bystander to the whole event. So go ahead Justices, rule as you see fit. It's not going to make much of a difference to me. And for what it's worth, the two gay guys on Modern Family are hilarious.

A version of the above appeared on Inc.com

 

Follow Gene Marks on Twitter: www.twitter.com/genemarks

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Let me please share a few things that have zero impact on my life. Gays in the military. The Facebook IPO. The Ivy League college admissions process as regards to my three high school age kids. Lin...
Let me please share a few things that have zero impact on my life. Gays in the military. The Facebook IPO. The Ivy League college admissions process as regards to my three high school age kids. Lin...
 
 
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HUFFPOST SUPER USER
mPowerServices
People are fickle...fanned today, gone 2morrow
11:56 PM on 06/24/2012
Finally an article on health care reform that makes sense to me. I thought my own ambivalence was just a quirk.
11:32 PM on 06/24/2012
But Gene...nobody asked you.
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HUFFPOST SUPER USER
Sherry Powell
You are never too old to learn something stupid
02:57 PM on 06/24/2012
I agree with so much of what this says... I own a small business and it doesn't matter to me either. BUT interesting point to make: I just had Brunch with a large group of women..Several are originally from Canada.. In conversation one said she will retire back in Canada so she can have better Health Care. That started a whole new conversation and all four of the women from Canada said their families had better health care in Canada.. Several made comments about the scare tactics being used here about health care.. NOW that's Universal HC.. Not what we got.. Just the messinger so don't jump all over me.......
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HUFFPOST SUPER USER
derealest
01:22 PM on 06/24/2012
Don't forget that the IRS is charged with enforcing the law. It requires that your HC card be tied to a personal checking account that has "real time" access to your funds......MMMMMMMM yummy. IRS in my back pocket. Do your fact check. REAL TIME ACCESS. What do you think that means?
01:42 PM on 06/23/2012
obama has Failed America
01:00 PM on 06/25/2012
You have failed America.
02:52 PM on 06/25/2012
what? if you are going to blog - please say something that makes sense. Obama has failed America. Romney will be the next President of the United States of America.
AZ immigration law passed most important issue by Supreme Court. The health care bill will be thrown out by the supreme court and Obama has 5 more months in the white house. Now, get over yourself.
08:35 PM on 06/25/2012
The Republicans have failed America. They are not willing to compromise. They only want to say no to everything that is purposed by the President or any Democrat. They sound like spoiled children. They may win the election but they will ruin the country. They are only interested in the wealthy getting wealthier but want the middle class to pay for everything. You must be one of the 1% or think you are.
08:33 AM on 06/23/2012
This a bill that is no good for anyone. It will cost the tax payers millions of dollars, and it is all useless. Hopeing it gets repealed. All of it. Vote REPUBLICAN IN 2012
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
03:16 AM on 06/24/2012
Yeah they'll bomb the deficit into submission and send it to Gitmo. Your realize republicans increased the national debt consistently for 8 years? And Dems have actually increased the pace since 2008. So have you got any other ideas for us that don't involve voting for criminal political parties?
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HUFFPOST SUPER USER
MyHO
Speaking Truth to Power
03:32 PM on 06/24/2012
Snip, splat - the sounds of you cutting off your nose to spite your face. Daisy May you are going to need health care someday - can you pay for it? Or are you someone who has health insurance paid for? Here today maybe but gone tomorrow - what are you going to do then? If you are one of a tiny minority of very wealthy people who have that kind of money, so be it. But no one has the right to turn their back on fellow Americans. Join the human race!

So, yea, right, vote Republican - the party that is willing to let millions of people go without health care and die rather than raise taxes on the wealthiest people. The party that would rather defend corrupt bankers who have fleeced trillions of dollars. The party that has sent the economy into a terrible recession and won't lift a finger to help us get out of it.
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Democrat in the South
Empathy, the most important word
08:35 PM on 06/22/2012
Guys like you expect nothing and get nothing.

We can have whatever we're willing to fight for. Yes we can! We WILL have single payer. Count on it!
HUFFPOST SUPER USER
Fan of America
05:19 PM on 06/23/2012
Your Obama will be retired soon but not soon enough!
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Democrat in the South
Empathy, the most important word
06:42 PM on 06/23/2012
Then what? hum?
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HUFFPOST SUPER USER
MyHO
Speaking Truth to Power
03:38 PM on 06/24/2012
This isn't about Obama or politics. Health care is a life and death matter - hope you self-serving Republicans decide to join the human race at some point. When you aren't part of the solution, you quickly become part of the problem.
03:47 PM on 06/22/2012
This gentleman has left out the other 2000 pages in the healthcare bill that will impact his business and his personal life as the government stick it nose in his affairs. Just for one how about the 3% tax on sale of every house in America as this bill become effective in 2014. Just the tip of iceburg as to what the government ( big spending liberals) put in this bill they passed and no one read.
HUFFPOST SUPER USER
Alexander Grable
08:08 PM on 06/22/2012
That isn't even true a 3 % increase in capital gains, which includes sales of MBS is not a tax on house sales.
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Democrat in the South
Empathy, the most important word
08:36 PM on 06/22/2012
Did you fact check that?
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HUFFPOST SUPER USER
derealest
01:19 PM on 06/24/2012
The law is complicated..... by design. But there will be a 3% tax on all real estate gains including your home. What happened to the housing crisis? here we go again. NO MORE YEARS
03:13 PM on 06/22/2012
Where the Obama Care cost the small business owner and every employee who pays part of their premium is in the increased premiums and higher deductables we have already incured since the law passed. The unfortunate part is that it won't rollback if the law is overturned. A no win for the American public who pays for all of it.
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HUFFPOST SUPER USER
Sherry Powell
You are never too old to learn something stupid
03:08 PM on 06/24/2012
Deductables increased every year ..LONG before Obama. WHY is the burden of health care on the backs of employers? No Job / no health care... This is crazy... Why should your employer be expected to pay for your health insurance? And if you put you spouse or kids on your plan you pay through the nose for your share anyway. This was long before Obama... I went off my husbands health care plan and he got a $400.00 per month raise. Now he only pays $250 per month & before it was $650......AGAIN long before Obama... Everyone wants to blame Obama but it's the Ins. Companies and your employer who call the shots.
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HUFFPOST SUPER USER
MyHO
Speaking Truth to Power
03:59 PM on 06/24/2012
Hi Sherry! You make good points. As a very small business owner years ago, I could not afford to pay health insurance premiums for my employees. I wanted to so that I could attract the best employees. Health insurance premiums place small businesses at a huge disadvantage to big businesses. Big businesses can negotiate lower premiums and health care costs are normally a small portion of total overhead.
So, the best solution for everyone is that health insurance be tied to individuals/employees and not to employers. It helps level the playing field in my view. Anyway you rationally look at it, there is no legitimate argument that can be made against universal health care. Though the U.S. Chamber of Commerce spent millions to persuade us otherwise. Given the cost of delivering health care, the last thing we need are for-profit insurance companies to take a slice.
05:34 PM on 06/24/2012
I own a small business and have for over a decade. I purchase the health insurance for the company and our employees. I will show you the differences. Every year before the healthcare law our company health insurance premiums increased from 8 - 14% per year and we kept the same deductable. The first year the law passed the insurance companies all saw this as a chance to increase their premiums significantly. Our premium that Feb increased 42.7% and the deductable went from $1000.00 to $1500.00. The next year they increased us 24.6% with the same deductable. In order to have a 15% increase I had to raise the deductable to $5000.00. That's where we are today. I have to shop this every year to keep premiums reasonable. Currently we pay $695.00 a month for and individual and $1298.00 for a family.

As you can tell I really do understand the true cost of health insurance and the affect of the healthcare law to a small business. There is a premium being paid because of it. The real truth is it won't revert even if the law is overturned. It just cost every american except those in congress more for their medical care.
01:30 PM on 06/25/2012
Actually, the increased costs since 2008 pale in comparison to the percentage increase in the previous four years or the four years before that or the four years before that...etc., all the way back to the mid-80s. By 2035, health care in the U.S. is project to rise (whether or not the A.C.A. exists) from about $710 per month per person in the U.S. to about $1500-1800 per month per person in the U.S...and that is an amount which will be even higher when adjusted for future inflation. Health care - and, most especially, the health insurance 'industry' - is completely out of control and second greatest factor destroying the U.S. economy at this point (right behind the dramatic rise in income inequality).
HUFFPOST SUPER USER
rmweld
10:44 AM on 06/22/2012
Sure the small business owner may get a tax break to help pay for Obamacare, but did it ever dawn on the small business owner who pays the bulk of taxes per gross income----they do and who do you think will pay for people who don't pay -----small business owners. Now do yuou think it doesn't matter to you.
01:32 PM on 06/25/2012
Here's your first clue, which I will pose as a question: who do you think pays for those who don't pay now?

Hint: Anyone or any business which pays for any part of any health insurance policy.
HUFFPOST SUPER USER
rmweld
01:55 PM on 06/25/2012
Here's the second clue-----And it will always be that way. There's a certain segment of society who feel the free ride is better than working, and the gov't will see this never stops----Makes the politicans feel good when they think they're helping someone.
03:02 PM on 06/25/2012
people like me pay for people that don't want to take care of themselves. Yes, I believe everyone goes through some real hard times - but many have just given up. They like their free insurance, their free foodstamps, unemployment over and over - anything the gov will give them for free. Why should they try to get a job? It is easier to just sit on that couch and get free everything. And then - people like me - who work, have health insurance and pay my taxes - take care of my family - have to give hard earned money to people like them. I am quite frankly sick of it - Obamas health insurance will only make it worse. However, it will be shut down by the supreme court. thank God!
06:44 AM on 06/22/2012
Add " contraceptives", abortion, climate change, Syria,Egypt.
As far as Health Care is concerned ..with 2000 page plus law which most people in DC have not read is an indiaction how we are being overloaded by all the regulations that can only raise cost. Unless people start taking personal responsibilty ..be it health,education, money etc our Economy thus unemployment will drag on regardless which party in white house or controls Congress.
Only good thing is Mrs Obama's obesity project..So there is some "HOPE"
Roop Bhakuni
This user has chosen to opt out of the Badges program
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duey35
do the right thing for country
05:16 PM on 06/21/2012
Once everything becomes a right, we buisness owners will have no rights left, to defend ourselfs from the greed of insurance or anyone else that sees fit to take a bite out of our bottom line.
01:35 PM on 06/25/2012
The U.S. is one of only three countries in the world which do not view health care as a right. The other two are Turkey and Somalia. Your argument is an excellent reason for Americans to emigrate to Canada, which has an excellent health care system which covers everyone. Oh, and the Canadian economy is thriving precisely because they aren't so manically obsessed with the wonders of massive accumulations of wealth by a very, very small percentage of their people.
05:01 PM on 06/21/2012
This guy does not what he is talking about. I am a small business and I pay for my healthcare about $850 a month. It will drop down to $380 a month under obamacare (see the Kiser Perm. 'health subsidy calcualtor) Now if that alone is not a heck of a lot of help that savings is almost $500 or my house payment. That means that I will not only be able to leave my pool for competition in the market place having insurance co compete for me, but I will be able to stay in business with more ease due to keeping $500 extra month i was giving to blue cross anyway.
10:19 AM on 06/22/2012
It will drop down to $380 a month under obamacare

In other words....It hasn't dropped "yet"...let us know when it does....Im open minded
01:40 PM on 06/25/2012
It won't drop until the law takes effect which will be two years from now for most of it. If it does not take effect at all, his costs will continue to increase 2-5% per year faster than inflation, as such costs have been doing for 25 years.

I truly and deeply wish Americans were capable of studying and learning facts instead of propaganda, and that they were capable of thinking logically, rationally. That rarely happens in declining empires, though, so there isn't much hope.
PROGRESSISGOOD
Without Economic Justice, There Is No Justice!
04:51 PM on 06/21/2012
The only thing that will reduce health care costs is the complete elimination of third party health insurance companies. They add 30 to 40% to the cost of our health care to pay for their sales and marketing, executive compensation and shareholder profits. While Medicare does the same service for around 3% additional costs.

Also, third party insurance standing between service provider and service recipient removes the market incentives for improved quality and lower costs, which is why we have not seen either.

We need single payer with consumer's incentivized to select the best value services if we want to see health care improve in quality and achieve lower costs.
10:20 AM on 06/22/2012
The only thing that will reduce health care costs is the complete elimination of third party health insurance companies.

WRONG

Try tort reform and fraud.
PROGRESSISGOOD
Without Economic Justice, There Is No Justice!
05:22 PM on 06/22/2012
Lawsuits represent less than 2% of the increased cost of medical care. Private Health Insurance acconts for over 50% of the increased costs.
01:50 PM on 06/25/2012
Tort reform is a political delusion based upon the fact that Republicans want to eliminate damages claims for the benefit of corporations and Democrats believe that such claims are necessary chastisements for corporate malfeasance and malpractice which will tend to eliminate at least specific instances of such behavior. So, Republicans protect their wealthy corporate owners and Democrats protect a system which has some measure of check and balance in it...each party then deriving campaign cash with which to defeat the other.

The reality is that tort 'reform' (which is not actual reform in any sense) costs less than 2% of the total spent on health care in the U.S.

Here's another reality for you: as a part of the A.C.A., the Democrats took aim at fraud and abuse in health care. In fact, they like to make the claim that they will eliminate $50 billion per year in fraud. The reality is that they are likely to eliminate about half of that, but Republican political commercials are running in my state every 15 minutes on the TV claiming that Democrats have eliminated $500 billion dollars from Medicare (based on that $50 billion per year)...all the while not bothering to mention that they claimed that THEY could, and would, eliminate at least $100 billion in fraud per year ($1 trillion).
01:51 PM on 06/21/2012
Is this GENE MARKS dude out to Lunch or WHAT ???
04:36 PM on 06/21/2012
Totally