Senate Health Bill Will Break Obama’s ‘No Tax’ Pledge, Conservatives Say

Seven provisions in the Senate Democrats’ healthexpects to raise $1.3 billion in additional tax revenues
bill would break President Obama’s promise not tofrom this new tax.
raise taxes on any American making less thanUnder the Senate bill, contributions to a person’s
$250,000 a year, says Americans for Tax ReformFSA will be capped at $2,500 a year. Right now, there
(ATR), a fiscally conservative group.are no limits. Congress expects to collect $14.6 billion in
Ryan Ellis, ATR’s tax policy director, told CNSNewsnew taxes through the new FSA cap.
that the Senate bill – which has no RepublicanAlso under the Senate bill, people will no longer be
support -- would break the president’s pledge byallowed to buy non-prescription medication, except for
creating new some new taxes and raising some oldinsulin, with money they have put in either an FSA,
ones.HSA, or HRA. Currently, money from those accounts
“I can make a firm pledge,” Obama said oncan be used to purchase any medication.  Congress
February 4, 2009. “Under my plan, no family makingexpects to collect $5 billion in new tax revenue from
less than $250,000 a year will see any form of taxthis “medicine cabinet tax,” Ellis said.
increase. Not your income tax, not your payroll tax, not“If you put money into any of these accounts, you
your capital gains taxes, not any of your taxes.”are doing so on a pre-tax basis,” Ellis explained.
But there are seven provisions in the bill that violate“And when you limit the way that the account can
that $250,000 pledge,” Ellis said. “The first one isbe used, when you say, ‘Okay, money that’s
the individual mandate tax. This says that if you do notgone in there on a pre-tax basis can’t be used for
have qualifying health insurance, you have to pay anthat purpose anymore’ -- then you’re limiting the
income surtax on your [IRS Form] 1040 equal to thepre-tax use of these accounts going forward.
dollar amounts [specified in the bill].“You’re basically saying a tax deduction –
“That doesn’t exempt people making less thannamely the amount you put into these accounts – a
$250,000 dollars [per year] at all,” Ellis said.tax deduction is going to be limited. You’ve just
The second new tax, on employers who do not offertaken away a tax deduction from that person.”
government-approved health insurance, also wouldAccording to America’s Health Insurance Plans
affect individuals because many small business(AHIP) – a national association of health insurers
owners file their taxes as private citizens, not as– there are 8-10 million Americans with HSA
corporations.accounts and 20-30 million with FSAs, plus their
“If you’re a small business, you don’t usuallydependants (spouses and children) who also benefit
pay taxes on a separate tax form. The profits flowfrom the pre-tax dollars in those accounts.
through the owner’s [IRS Form 1040]. If that smallAnother controversial tax that would break
business is not incorporated – as most of them areObama’s pledge is a proposal to raise the
not – you could find yourself having to pay thesethreshold for deducting costly medical expenses. This
taxes for not providing health insurance to yourtax provision, used by cancer patients and others with
employees while being a business owner who makescostly, chronic diseases, allows a person to deduct
well under $250,000 a year.”medical expenses if those expenses total more than
Three other provisions would break Obama’s7.5 percent of their taxable income.
pledge by limiting how much money Americans canIf passed, the Senate health care bill would raise this
contribute to their Health Savings Accounts (HSA),limit to 10 percent, forcing a portion of the 10.5 million
Flexible Spending Accounts (FSA), and HealthAmerican families to pay for their entire treatment
Reimbursement Accounts (HRA). Limiting the tax-freecosts as well as higher taxes, due to their inability to
contributions to these accounts is effectively a taxdeduct their expenses.
increase because it means that more of aThe final tax provision that would fall on people making
person’s income gets taxed, Ellis said.less than $250,000 a year is a new, 10-percent surtax
Under the Senate plan, if a person wants to take theiron indoor tanning services. This tax, like the individual
money out of a HSA and spend it on non-healthmandate penalty, does not exempt people making less
related expenses – paying a mortgage, for instancethan $250,000 a year and would therefore hit anyone
– they would have to pay taxes on that money atwho patronizes and indoor tanning facility, regardless
20 percent, double the previous rate. Congressof their income.