Federal Law Says You Do NOT Have To Comply With ObamaCare Nor Do You Have To Pay a Fine!

Federal Law Says You Do NOT Have To Comply With ObamaCare Nor Do You Have To Pay a Fine!

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I’ll keep this post short and to the point.

According to federal law, 42 USC § 18115 – Freedom not to participate in Federal health insurance programs – to be exact, you are not required to participate in or required to pay a fine for noncompliance for Hillary/ObamaCare.

Cornell University Law School explains:

 

No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.

  • Vito D

    NOT AN EXPLANATION! What does this mean? I refuse to participate in the exercise in Socialism that is “The ACA”… If there is ANY legal loophole to avoid a fine from The IRSS (not a typo,,, the IRS is becoming The SS), I would LOVE to be able to argue it…

    • InfinityBall

      It says you don’t get fined if you comply with Obamacare. Not at all what the title tells you.

      • Bob Smiton

        I believe it only says that insurance issuer’s are not required regardless of the size of their practice, be they an individual, company, business, non profit or health insurer that offers either group or individual coverage.

  • Timothy Mahoney

    Such a vague proclamation, quoting a supposed statute. As Vito said, what does this mean? It appears to say the exact opposite of what the ACA says. How does that work?

  • KaterinaRoche

    As far as I can see through my research there is nothing rebutting this statute. However, I have not looked fully at the ACA (like every other congressman in the administration) but I’m sure this Statute 42 USC 18115 is up to date and current. However by the time they have to deduce fines and penalties it will in fact be amended.

  • unicorns-and-rainbows
    • unicorns-and-rainbows

      Also “Cornell University Law School explains:” is a stupid statement. WHO at Cornell University University Law School ? Last time I checked Universities don’t speak.

      • Ed Carp

        This is from the Legal Information Institute at Cornell Law School, not from an individual at the school.

  • DWontheplains

    Also by the Ferguson ACT (1945) , which remains in effect, States still have control over the insurance companies in their state and the State insurance commission in your state has to agree with the laws of Obama Care aka PPACA before they can raise your rates. If your rates have been increased or cancelled because of Obama Care , you should contact your Govenor and Insurance Commission and ask why they have voluntarily accepted the terms of the ACA.

    • Tim Berglund

      Terran, you have a very dizzying intellect son…..

  • Roberta Spence

    WHY doesn’t more of the American People know this?

    • Thomas E. Ashley

      because it does not apply to us every day people = it’s for Providers of coverage

  • Thomas E. Ashley

    The wording alone reads to me for those Supplying coverage already such as companies or businesses. It does Not read as an individual can just Refuse. Too short and unclear and when dealing with dickheads out for your money it Has to be Completely Clear.
    http://www.law.cornell.edu/uscode/text/42/18115

    • tammytnt

      The individual is the first thing on the list. That’s us

      • Robert D Williams

        That list is grammatically inclusive of entities offering group or individual health insurance coverage, be they individuals, non-profits, companies, businesses, whatever. The qualifier for inclusion in the list is the entity’s activity as an insurance provider. Individuals not offering such insurance , it seems, would not be affected. You and I are not likely to be exempted, under this, if we’re not acting as insurance providers. Tell me I’m wrong, but show me you understand my view.

        • Thomas E. Ashley

          Better said than I, yes That is the point, it’s not “Individuals” it’s those supplying coverage

      • Thomas E. Ashley

        “No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program”.

        That is Exactly what I meant by Unclear = it Reads as all those Offering Health Coverage = it reads as Individual Offering coverage, such as a small business supplying or offering it to employees. What I said about reads Unclear so before you go to Correct me READ the damn thing and what I wrote about that numbnuts = It Reads as those Already supplying a coverage plan.

  • Terral BlackStar

    I am amazed that Americans would sign up for Obamacare instigated by a Kenyan-born illegal alien foreign national who immigrated from Indonesia and now works as a CIA operative over the Washington DC puppet government. Americans allowed Bush, Cheney, Rove, Rumsfeld and their cohorts to get away with murdering thousands of innocent Americans during the 9/11 Inside Job and now they bow down to the illegal alien-in-chief squatting in the White House. Perhaps the sheeple should just bend over and take the medicine for being so utterly naive and stupid, but be 100 percent assured that this red-blooded God-fearing American will have nothing to do with Obamacare; over my cold dead body.

    • johnwes

      Terral, how long has it been since you have seen your shrink or taken your meds? You sound demented or just plain stupid.

    • Liberty Lover

      You really make the rest of us liberty proponents look stupid AND crazy.

      • http://www.facebook.com/mjsauerland Matthew Jon Sauerland

        Did you say this because he said that 9/11 was an inside job? Or did you say this because the keywords “Bush, Cheney, Rove, Rumsfield” were in there??

        I agree with him. Of course there will be naysayers… All I have to say is this, though, feel free to reply, though I feel that you will really be unable to.

        Government assassinated MLK.
        Osama bin laden was really a CIA agent.
        9/11 was orchestrated (according to witness testimonies, that the 9/11 investigative bureau failed to report, because of incompetence and covering up the fact that bombs were planted on the structural supports. Watch jesse ventura 9/11 conspiracy theory for more proof. This is documented…)
        Every war the USA has participated in has been for profit. either for oil, or defense / arms contracts. Its been for profit. And its been manufactured. Think about it. If you can’t think, say so, I’ll stop wasting my breath.

        • Aleric

          Go back to the Libertarian Party.

          • http://www.facebook.com/mjsauerland Matthew Jon Sauerland

            I am not in a political party, so like dick cheney said on the senate floor, go fuck yourself.

            Think before you speak. I don’t know when america became so divided because of what we believed in.

            I’m an AMERICAN, that should be a political affiliation. WHAT IS BEST FOR AMERICA is what I truly believe in. You can imprison my ass, torture me, rip out my teeth and pull my finger nails. hell, nail me to a cross. America is not the greatest country in the world anymore, and its because people seek to control one another, by twisting and manipulating laws to their own advantage over one another.

            For every person who supports what government does, who believes the media (faux included), is one less american we have in this country.

    • Winghunter

      9/11 Truther – How could you be so gullible!?

    • White True Patriot

      Kill the liberals for Jesus!

    • William Prince

      Terral, you really shouldn’t go off your meds. SMH

    • mikesbuffalo

      terral no matter what these doubting thomases say , you are mostly correct with the exception of the cia thing.

    • JayJay

      This and all other policies are not created by Psychobama,
      He isn’t smart enough to do any of this; he IS just the puppet,

  • Michael Santarella

    seventh day adventist, jehova’s witness or muslim , pick one

  • Sam

    Can I be a conscientious objector on this one?

  • tim

    This is what we get for letting lawers run our country, and not being learned in the law as everyday americans. Remember the original 13th ammendment! There shall be no titles of nobility…

  • tim

    What does it mean?????The suppreme court has said that a statute must be construed on its face in plain meaning. Not open to interpretation, cant remember the case, but its a big one.

  • rongway

    This refers to those providing insurance, not us peeons that are required to buy the insurance. This is why the insurance companies can choose to participate in Obamacare or not…

  • Weatherly Hardy

    “offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program”

    This is the key. IF you are offering coverage, you do not have to comply with a Federal Health Insurance program.

    • Ed Carp

      You’re reading it wrong. Look at where the commas are.

      • Oxford J. Comma

        You’re reading it wrong. The “no fine or penalty” clause applies only to insurance policy issuers.

        “”…and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.”

  • Charles Baumann

    BALONEY! THIS IS FOR “ISSUERS” OF POLICIES, “not PURCHASERS” ! WASTE MY TIME SCHEEACH ! “issuer offering ” <———

  • Christopher

    This is poorly written. This section is ONLY for health insurance ISSUERS. It should have been written; “No individual, company, business, nonprofit entity, or other health insurance issuer offering group or individual health insurance coverage shall be required to participate….”

    • Ed Carp

      No, it’s not. Look at where the commas are – it also applies to everyone else.

  • R.H.P.jr.

    What people clearly do not get is the fact that the federal goverment never did nor ever will have the right to impose a law or a fine without the proper steps.. a bill on capitol hill then goes thru congress then the President (not that the current idiot is even actually legally to be declared a president)passes or vetos a bill into law.. This is nor ever was a law and fines imposed are B/S and need not be considered because it is unconstitutional. We still have a Constitution and as a people shall live by it… The Constitution was written in a way to protect “We the People” from a overpowered criminal government.. Many people do not know it is not a law to pay Social Security or Federal taxes either.. Simply quit paying Social Security,stop paying Federal taxes and NEVER expect a Federal tax return… Take your money out of Social Security now (and pay the penalty) and dont pay Federal taxes and put the corrupt SOB’s out of business… Then get on board with the Convention of states and we will limit the Federal government back to where they belong.. This is a LEGAL loophole the founding fathers gave us to stop the Federal agency from getting too big. Health care,insurances, education are and always should be State ran plans never intended to be manipulated by the Federal govt… Look up http://www.conventionofstates.com and get on board…LIMIT THE FED. Thanks LETS TAKE BACK AMERICA!!!

  • Steven Howard

    The only obvious conclusion to this article is to declare yourself as a healthcare provider… You provide coverage for your kids?…… You are exempt…

  • Linda Williams

    No matter what, it is far cheaper to pay the penalty or the 1% of your income for the fine if you don’t need insurance or just get catastrophic insurance. You can read more about this law on LiveLeak.com. It gives you the law and what the demorats added. Or go on google and look up 42 USC 18115 and look for LiveLeak.com.

  • White True Patriot

    No Jew nigger communist atheist homosexual libturd government is got to tell a WHITE CHRISTIAN man like ME what to do!

    • http://stixblog.com/ stix1972

      Really WTF????

      You just discreoit yourself with this racist rant

      • White True Patriot

        Fuck you commie faggot cocksucker, get out of MY country!

    • Thomas E. Ashley

      ….I feel you are holding back, tell us how you really feel.

    • FreedomSpeaks

      Don’t you mean, Muslim, arab (masquerading as a black man) Islam (false pagan moon god) worshiping, anti-Christian,… then you have the rest correct: homosexual libturd government (official) is got to tell a WHITE CHRISTIAN man like ME what to do!

  • Winghunter

    We don’t need no stinking amendments ;- ) Refusing to participate will be enough to make it implode.

  • The Vet Is Jack Reacher

    This just says you are not required to go through the government to get insurance. You are still required to have insurance as per the individual mandate in Obamacare. You just don’t have to go through the federal exchange to get it.

  • William Prince

    “No individual, company, business, nonprofit entity, or health insurance issuer offering group or individual health insurance coverage shall be required to participate in any Federal health insurance program created under this Act (or any amendments made by this Act), or in any Federal health insurance program expanded by this Act (or any such amendments), and there shall be no penalty or fine imposed upon any such issuer for choosing not to participate in such programs.”

    The ACA wasn’t “created under this Act” or “expanded by this Act (or any such amendments).” Moreover, the ACA isn’t a “Federal health insurance program.” Under the ACA, people buy health insurance from private sector insurers–not from the federal government. This law refers to programs such as Medicare and Medicaid–not to private insurance transactions that the federal government merely facilitates. I understand that this is a controversial subject and that people either love or hate the ACA, but trying to say that the above law has anything whatsoever to do with “Obamacare” is grasping at straws. This law is wholly irrelevant to the ACA.

  • Julie Weitershausen Kunitada

    Unfortunately, we have an idiot judge who declared it a tax, not a penalty. Where does that put us?

  • Jessi

    Problem is, I know people refused care if they do not have insurance…so yeah, you can opt out, but what if you need medical care? Then you are screwed…they can refuse to treat you

    • Charles Batchelor

      They cannot refuse to provide life saving care.

      • Jessi

        But they can refuse to help you if it is not…it was a chest cold and they would not even touch him because he had no insurance. He would have had to pay for the care up fronth

        • Bluebaby

          that is why there are clinics based on income. So u don’t get refused basic care, and these clinics are state and federal funded!!

  • Lizard

    This may be moot. As you may remember, Chief Justice Roberts helpfully explained that, despite the explicit language in the Act calling it both a fine and a penalty, it is actually NOT either, but just a tax… for Supreme Court interpretation purposes, anyway.

  • Jim Ferenzi

    Does anybody remember a little incident we had here on the east coast about oh, a little over 200 years ago, We threw OUT a king who was making unreasonable demands and taxing us w/o representation, also treating us like 2nd class citizens??? well, it seems like its happened again, you cant say our so called represenetives represent us, theyre all Millionaires, how many of us are??? and is failure to get Obamacare a taxable offense, or is it a fine, still havent got a reasonable answer to THAT question. and 2nd class citizens, Obama goes on vacation every other month or more, 15, 20 million an outing, and Most of us havent had a vacation in years, so theres your second class treatment. Any other questions?

    • Bluebaby

      I am with u, wy is he still in office. Why hasn’t he been impeached yet???

  • Ray Copeland

    Fuk this Kenyan illegal muslim motherfuker, I know where there is a good tall oak tree that will fit the scumbag big f*get ears, and his worthless ugly ass b*tch.

  • techdude

    Only one problem: That bill says that you cannot be forced to participate in FEDERAL health insurance programs. The Affordable Care Act simply requires that you purchase insurance, not necessarily federal insurance. For example, most of the companies on the exchange are private companies like BlueCross/BlueShield etc. So this does not change the fact that they can, currently, fine under current law. This is why the reinterpretation of the commerce clause by the Supreme Court to include taxes for NOT purchasing something is so important. It establishes legal precedent for the federal government doing what was previously considered unconstitutional.

    I don’t like ACA any bit more than the next guy, but I don’t think this is the way out.

  • Bluebaby

    Did some calculations on the “ACA”. I is cheaper to pay a fine if one then to get the insurance, by about $1500! It will literally cost me twice as much as the fine to buy insurance. My husband and I are healthy people. Rarely get sick or see a dr. As it is, I spend approx. $150 a yr on dr visits and meds. Can the ACA beat that. Hell no! Now we are expected to buy this outrages insurance that we don’t even need. How does that help any one. By the way, why are the people on welfare exempt from the fine. They get to have 5 kids on my tax dollar and still not required to support themselves! If they couldn’t afford to support the first 2 kids on their own, why did they have more? I’ll tell u why, because the rest of the working force will support them. If they lowered the amount required to qualify, they would have a lot less people on the system! The country is going broke supporting the dead beats!!!!!! FINE THEM FOR NOT TRYING, PENALIZE THOSE FOR ABUSING THE SYSTEM, DON’T GIVE THEM A 7 THOUSAND DOLLAR TAX RETURN. KEEP THEIR RETURN FOR PAY BACK!!!
    THIS COUNTRY IS HEADED TO COMUNIZIME!!!!!

  • Ron Fong

    “ISSUER”