Lifting the Fog: Navigating the Penalties in the Affordable Care Act
Edward A. Morse
Creighton University - School of Law
October 30, 2012
46 Creighton L. Rev. 207 (2013)
This article provides an analysis and critique of tax penalties affecting employers and individuals in the Affordable Care Act. After an overview of the Act and its intended role in addressing problems in the health insurance system, the article turns to examine the employer and individual mandates, along with the requirement of minimum essential coverage. It argues that behavioral effects of these provisions are unlikely to achieve the desired policy outcomes. Moreover, the failure to accommodate conscience exemptions for employers and citizens with objections to contraceptive coverage likewise erects a barrier to achieving the desired policy goal of expanded coverage. Finally, the article briefly touches on the problems associated with state exchanges and their implications for employers and citizens seeking health insurance coverage. An appendix shows hypothetical computations affecting an employer decision to shift employees to exchanges rather than to continue employer-provided coverage.
Number of Pages in PDF File: 52
Keywords: healthcare reform, Affordable Care Act, tax policy
JEL Classification: D61, H23, H42, I11, I18, l51, M52Accepted Paper Series
Date posted: March 28, 2013 ; Last revised: April 17, 2013
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