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Obama's Healthcare Reform and the Supreme Court

If you couldn't follow that, you don't have a prayer of understanding any of this:

PHYSICIAN OWNERSHIP—
In addition to the requirement under paragraph (1)(A), on March 31, 2013, and on the 90th day of each calendar year beginning thereafter, any applicable manufacturer or applicable group purchasing organization shall submit to the Secretary, in such electronic form as the Secretary shall require, the following information regarding any ownership or investment interest (other than an ownership or investment interest in a publicly traded security and mutual fund, as described in section 1877(c)) held by a physician (or an immediate family member of such physician (as defined for purposes of section 1877(a))) in the applicable manufacturer or applicable group purchasing organization during the preceding year:

(A) The dollar amount invested by each physician holding such an ownership or investment interest.
(B) The value and terms of each such ownership or investment interest.
(C) Any payment or other transfer of value provided to a physician holding such an ownership or investment interest (or to an entity or individual at the request of or designated on behalf of a physician holding such an ownership or investment interest), including the information described in clauses (i) through (viii) of paragraph (1)(A), except that in applying such clauses, ‘physician’ shall be substituted for ‘covered recipient’ each place it appears.
(D) Any other information regarding the ownership or investment interest the Secretary determines appropriate.
(b) PENALTIES FOR NONCOMPLIANCE
(1) FAILURE TO REPORT—
(A) IN GENERAL— Subject to subparagraph (B) except as provided in paragraph (2), any applicable manufacturer or applicable group purchasing organization that fails to submit information required under subsection (a) in a timely manner in accordance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $1,000, but not more than $10,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section
(B) LIMITATION— The total amount of civil money penalties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group purchasing organization shall not exceed $150,000
(2) KNOWING FAILURE TO REPORT
(A) IN GENERAL — Subject to subparagraph (B), any applicable manufacturer or applicable group purchasing organization that knowingly fails to submit information required under subsection (a) in a timely manner in accordance with rules or regulations promulgated to carry out such subsection, shall be subject to a civil money penalty of not less than $10,000, but not more than $100,000, for each payment or other transfer of value or ownership or investment interest not reported as required under such subsection. Such penalty shall be imposed and collected in the same manner as civil money penalties under subsection (a) of section 1128A are imposed and collected under that section
(B) LMITATION—The total amount of civil money penalties imposed under subparagraph (A) with respect to each annual submission of information under subsection (a) by an applicable manufacturer or applicable group purchasing organization shall not exceed $1,000,000
(3) USE OF FUNDS—Funds collected by the Secretary as a result of the imposition of a civil money penalty under this subsection shall be used to carry out this section.​


The above pretty much lays out a shake-down operation, so convoluted and difficult to comply with that doctors won't even have time to see patients, much less treat them. There's 2800 pages of that. Good luck understanding any of it.​
 
^ It requires that they submit info to the government, I don't see the big deal there. The rest is describing that there's a penalty for failing to do so, but limiting the maximum amount that can be penalized.

It's valid under the taxing power, which may or may not be the same thing as a tax. Essentially, it's what the Constitution considers a tax rather than what Congress considers a tax. There's no contrast between Congress not passing a tax and upholding it under the taxing power because it's a different method of analysis.

I don't know if that will have any strange legal ramifications, such as that fines are often set by the executive or judicial branches but taxes are set by the legislative branch, which might mean that HHS would lose a lot of the control they would otherwise have because they don't have the power to levy taxes.

Fines are set by statute as well. We've just delegated a lot of statutory authority to agencies to make regulations (or, in the case of the FCC, make it up as they go along). The ruling doesn't change this because the Department of Health and Human Services have the same amount of authority they had previously. This was always collected through the IRS and assessed based on income.
 
Well the UK paper, The Daily Mail is often shorted to just the 'Mail'. As for the quiz itself It's not hard to score high. So I question on what they are basing their statstics.
 
9 out of 10, but only because I missed the word "nearly" in question 1.
 
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I got a 9 yesterday. Not bad at all. Congrats to you guys on the perfect scores.
 
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