Thursday, April 29, 2010

TELL IT LIKE IT IS...."MAY" IN LAW IS NOT CERTAIN

"Patient Protection and Affordable Care Act" (PPACA) specifically exempts member of any particular religion from health insurance requirement such as "religious conscience" provision which may exempt some Americans from health insurance requirements if they are members of a religion which have established conscientious objections to certain forms of insurance:

Such term shall not include any individual for any month if such individual has in effect an exemption under secion 1311(d) (4)(H) of the Patient Protection and Affocrdable Care Act which certifies that such individual is a member of a recognizerd religious sect or division thereof described in section 1402 (g)(1) and an adherrent of established tenents or teaching of such sect or division as described in such section.

The key issue here is the determination of which religious groups' members might qualify for this exemption, an issue that has not yet been decided (and propbably won't be for some time to come). Such members whould have to be adherents of a religion or sect "described in section 1402(g) (1)" of the Internal Revenue Code, which governs exemptions from payment of social security and Medicare taxes on self employment income.

Implications left by email below are misleading to say the least. IN fact, determination of religous groups' members to be exempted will not be decided for a long time after ACT's official beginning date!