Close Close
Popular Financial Topics Discover relevant content from across the suite of ALM legal publications From the Industry More content from ThinkAdvisor and select sponsors Investment Advisor Issue Gallery Read digital editions of Investment Advisor Magazine Tax Facts Get clear, current, and reliable answers to pressing tax questions
Luminaries Awards
ThinkAdvisor

Financial Planning > Tax Planning

On the Third Hand: H&R Shock

X
Your article was successfully shared with the contacts you provided.

Stephanie Armour, a reporter, got a story on the front page of The Wall Street Journal (sweet!) by writing about today’s public exchange plan application information verification deadline.

Roughly 300,000 people who got Patient Protection and Affordable Care Act (PPACA) premium subsidies through exchanges run by the U.S. Department of Health and Human Services (HHS) have to show why the income information they put in their qualified health plan (QHP) applications conflicts with information from the Internal Revenue Service (IRS).

Another 100,000 HHS exchange QHP holders have to clear up other types of problems, such as questions about their immigration status.

On the one hand, the deadline is an important challenge in and of itself for consumers who have QHP coverage — and especially those who dared to apply for coverage on their own, without the help of an experienced and crafty licensed insurance agent or broker.

On the other hand, I think the bigger story is just that, whatever one happens to think about the idea of PPACA or the idea of the public exchange system or QHP subsidies, in practice, the first year of premium subsidy tax administration is likely to be an ungodly nightmare.

Members of Congress created some of the complexity by adding kind, well-meaning exemptions and exceptions from various requirements to PPACA. HHS then added to the complexity by adding more kind, well-meaning, totally necessary exemptions and exceptions to PPACA regulations. The IRS then translated all of the laws and regulations into forms and produced draft forms that are, one might say, somewhat baroque.

Well, OK. Maybe the age of New Yorker minimalism is over and we need a little more complexity in our lives, but, then, take a look at the draft instructions for the PPACA tax forms. People like to blame those “durn bureaucrats in Washington” for all of our governmental problems, but, of course, most of those “durn bureaucrats in Washington” are nice, well-educated people who thought it would be fun to work in government. Maybe some of the PPACA tax form instruction drafters are in a group therapy session with a trauma counselor right now, sobbing about how they tried to save moderate-income taxpayers from the Alternative Calculation for Marriage Eligibility Worksheet, but that the regulatory currents were just too strong and ripped any possibility of simplicity out of their arms.

Executives from tax preparation companies have talked about how great PPACA will be for traditional tax preparation firms, but I think that’s a little like camping stores in a Walking Dead prequel talking about how great zombie disease might be for sales of camping gear. Well, sure, at first. But, once you get to a certain chaotic point, the system breaks down and no one really makes useful money. If people who have PPACA premium tax credits start reacting to H&R Block tax preparers the way zombies in the Walking Dead react to live humans, we’ll have problems.

On the third hand, politics paralyzes us. HHS officials seem to believe, perhaps correctly, that, if they want to keep the exchange system alive in any way whatsoever, they have to put the goals “Keep the Republicans from repealing PPACA,” “Keep the Republicans from putting HHS workers in prison,” and “Keep the Republicans from impeaching President Obama,” ahead of “Make PPACA work.”

On the fourth hand, who knows what well-meaning efforts to help consumers tied up in PPACA tax snarls will do to claims experience? Are people who intentionally cheated to get PPACA subsidies healthier than other QHP enrollees or sicker? What about the people tripped up by PPACA subsidy tax forms?

On the fifth hand, I think insurers and producers should respond by sticking to the approach they’ve been taking all along, which has been to work to improve or eliminate the exchange system in Washington and in state capitals, but to also try to make the current system work as well as possible for their clients and consumers in general while that system is in place.

I think that means encouraging HHS and the IRS to improve application verification procedures for the 2015 open enrollment period, and especially the 2016 open enrollment period, but to take a flexible, generous approach to premium subsidy and cost-sharing subsidy tax administration from now through at least the end of 2015, and maybe the end of 2016.

If outright con artists have figured out how to use PPACA subsidies to pay for mansions for the Riviera, throw the book at them.

If ordinary people have no idea what to do with the Alternative Calculation for Marriage Eligibility Worksheet and leave it blank, fuggedaboutit.


NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.