Are You Required To Participate In Obamacare?

Office of the Law Revision Counsel – United States Code, click here.

42 U.S.C  Section 18115 – Freedom Not to Participate in Federal Health Insurance Programs.
“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.”
(Pub. L. 111–148, title I, §1555, Mar. 23, 2010, 124 Stat. 260.)

Read more HERE.

Related: Positive Law Titles vs. Non-Positive Law Titles, click here and here.

Published in: on March 30, 2014 at 11:25 pm  Comments (8)  

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8 CommentsLeave a comment


    “Notice the legalese here: The only entity that won’t be fined for not participating are the “issuers” – that is the insurance providers. Here’s the last sentence of that section

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

    As for the “individual, company, business, and nonprofit entity,” there is nothing in that section that exempts them from the fine – only the “issuer”

    But, what would you expect from a law written by health insurance companies for health insurance companies?”

    David Deschesne
    Fort Fairfield Journal

    • Things are changing very fast which is not going to be able to be reversed. I retired early from my job which I have had Blue Cross and Blue shield which I pay a fair amount for and have for the past 25 years. When other people have retired from the Postal Service they have had a choice to keep their insurance and/or have medicare, for an additional charge. I was told the other day I had to have both and pay for both. No option!

  2. §18111. Definitions
    Unless specifically provided for otherwise, the definitions contained in section 300gg–91 of this title shall apply with respect to this title.1
    (Pub. L. 111–148, title I, §1551, Mar. 23, 2010, 124 Stat. 258.)

    §300gg–91. Definitions

    (b) Definitions relating to health insurance
    (2) Health insurance issuer
    The term “health insurance issuer” means an insurance company, insurance service, or insurance organization (including a health maintenance organization, as defined in paragraph (3)) which is licensed to engage in the business of insurance in a State and which is subject to State law which regulates insurance (within the meaning of section 514(b)(2) of the Employee Retirement Income Security Act of 1974 [29 U.S.C. 1144(b)(2)]). Such term does not include a group health plan.

    This does not mention anything about an “individual” being a “health insurance issuer.” Would an “individual” sell insurance? The law reads “no individual (comma) shall be required to participate in any Federal health insurance program created under this Act…..

    • It could hypothetically apply to an individual who is self-insured… But the key word appears to be ‘issuer’. And there is 26 U.S. Code § 5000A to think about if one wants to get to constitutional questions. Where does the IRS get the authority granted in 5000A.

      • Definition of ‘Self-insure’

        A method of managing risk by setting aside a pool of money to be used if an unexpected loss occurs. Theoretically, one can self-insure against any type of loss.

        Taking this approach doesn’t make an “individual” an “insurance issuer.”

        The government has no authority to make anyone buy anything. This whole scheme – turned into a “tax” – is just that…a scheme, a scam perpetrated against the people.

  3. Hi!

    Where in Article 1, Section 8 of the Constitution of the United States does it allow the “general” government to be involved in healthcare?

    It is no where to be found.

    The general government has NO business being involved in the States other than the 10 miles square (see Article 1, Clause 17) which is federal property ONLY.

    Thank you!

    Lise from Maine

  4. I pay for Blue Cross and Blue Shield which I have had for 26 years. I am disabled and can’t work. I continue paying for my Blue Cross which is not cheap and I am 53. After 2 years of disability you have a choice to receive Medicare (which both myself and my employer paid in to) I was told today that I will have to take medicare, and pay for it as well as my blue cross and blue shield. Things are changing so fast, and we are not being told about them. We are losing all of your rights and choices.

  5. What and nobody saw it coming and 65% of Ameericans did not want Obamacare and yet our representatives voted for it anyhow. The quote of the century from the idiot pelosi….” We need to pass this bill so we can find out what is in it”.

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