Monday, March 15, 2010

A Potential Landmine in ObamaCare

I was looking over some of the "changes" that would come from passing ObamaCare and this part jumped off of the screen.

Obama's plan wouldn't require employers to provide insurance to their workers, but it would hit them with a stiff fine if even one of their workers gets a federally subsidized coverage. Companies with 50 or fewer workers would be exempt, and those with 25 workers or fewer could get federal assistance.

But the fines could turn into a big headache for many employers, particularly since they may not be able to tell if their workers are getting benefits from the government. For example, a company with 100 employees that fails to provide coverage could face a fine of $140,000 under the plan Obama unveiled Feb. 22. Getting the bill from the IRS would become a dreaded moment for business owners.

That fine will be passed on the customers I can tell you that. Also if I were the owner of a company with 51+ workers I would put an "at-will" employment plan in force where I could fire anyone who bought their own insurance with federally subsidized coverage no questions asked.

The last thing I would want is a $140K fine to hit my bottom line because someone decided to buy their own insurance and did not disclose that fact to HR. I would also ask them to disclose their insurance plan as an interview question so I could avoid anyone who bought their own insurance. That means if you were self-employed and buying your own insurance through the Exchange it might be harder for to find a job if you wanted to work for a bigger company again.

Also this will hit food service and bars right in the chops. Most of them can't afford to cover their workers and will actively avoid anyone who has bought insurance through the Exchange to avoid paying the fine. That means if you want to be a bartender or work at Chili's and you are over 26 (which means you aren't on your parents plan) then you may be forced to go uninsured to keep your job. Plus if your parents bought their insurance through the Exchange you would also trigger the fine as well.

The worst part is that it takes away the choice from a potential worker. Let's say that this person wanted to drop out of the company provided plan in order to get abortion coverage or to get some benefit that is not covered. They will damage their own employer and possibly lose their job if they make that choice. Now that is change you can believe in.

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