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(From The Washington Examiner)
The recently introduced AHCA creates its own individual mandate, but the AHCA’s mandate is more difficult to characterize as a tax and therefore, less likely to be saved by the same judicial reasoning. Under the AHCA, individuals who fail to maintain continuous insurance coverage are required by law to pay a penalty that is equivalent to 30 percent of the cost of their monthly healthcare premium when they re-enter the market. Like the individual mandate the AHCA’s penalty is mandatory and attaches to the decision not to purchase insurance. And like the individual mandate, the AHCA’s premium penalty is designed to force healthy people into the insurance market by punishing those who fail to buy insurance. The primary difference between the AHCA and the individual mandate, is that the AHCA requires that this penalty be paid directly to private insurance companies as opposed to the IRS.
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