5.9.13 The Health Insurance Fee: Impact on Small Businesses
Table of Contents
- Oh good morning I call this meeting to order we are joined on the dais today by...
- Yielded a total estimate of 146 to 262.
- President of New York farm bureau for the last four years and I also serve on...
- Doesn't change those of you who want to provide health insurance which I applaud...
- Small business employment it probably has also had a dampening effect on entry...
- Business thirty-five percent for big corporations the first time I know of in...
00:00
oh good morning I call this meeting to
order we are joined on the dais today by
our colleague congressman jim matheson
from Utah who will introduce one of our
witnesses mr. Matheson is a lead sponsor
with congressman Charles boost on e of
Louisiana of the House bill to repeal
providers fee as of this week I believe
that bill has over a hundred and fifty
co-sponsors and I am proud to be amongst
them thank you for your leadership mr.
Matheson I want to welcome all of our
00:31
witnesses we look forward to your
testimony special thanks to Dean Norton
president of the New York Farm Bureau
from elba New York which I am honored to
represent today we meet to examine the
health care law's new annual fee on
health insurance which was included as a
way to finance the health care law
beginning in 2014 the law assesses a fee
on health insurance providers which
across the industry totals eight billion
dollars and increases to fourteen point
01:01
three billion in 2018 and will continue
to increase every year thereafter the
nonpartisan Joint Committee on taxation
estimates the fee will exceed one
hundred billion dollars over the next
ten years both the Joint Committee on
taxation and the congressional budget
office said they expect a very large
portion of this fee to be passed through
to the purchasers of insurance in the
form of higher premiums driving up the
cost of insurance for families in all
regions and small businesses in all
01:34
sectors why is this a problem for small
business the health care law exempts
self-funded plans from the fee but it
applies to fully funded ones small
business owners typically do not have a
large enough pool to self-insure so they
face the higher premiums in a fully
funded group plan precisely the plans to
which this tax applies of course small
business owners with more than 50
full-time equivalent employees do have
the choice not to offer coverage but
02:05
then they pay the two thousand dollar
per employee employer mandate penalty in
fact a march 2013 study released by the
National Federation of Independent
Business Research Foundation estimates
the fee will raise the cost of
employer-sponsored insurance by two to
three percent in 2014 imposing a cost of
nearly two thousand dollars per family
by 2020 the study also predicts
the price increases caused by the fee
02:35
will reduce private sector employment by
up to two hundred and sixty-two thousand
jobs by 2020 with the majority of the
losses falling in the small business
sector we're pleased to have a witness
from the nfib here today to discuss the
study's findings in greater detail we
will also hear from small business
owners about the burden of the fee the
Joint Committee on taxation has said the
fee is essentially an excise tax based
on the sale price of health insurance so
03:06
it is not tax-deductible the Joint
Committee estimated that repealing the
fee will be the effect of stopping the
two to two and a half percent increase
per year and eliminating the fee would
reduce the average family premium in
2016 by 350 to 400 dollars which
represents the increase that would
otherwise occur to put this issue in
context we note that according to the US
Chamber of Commerce quarterly Small
Business Survey the numerous
03:37
requirements of the health care law are
now the biggest concern for us small
businesses bumping economic uncertainty
from the top spot after the past two
years these are the small businesses our
nation's best job creators that we are
relying on to bring our still anemic
economy back they are the same small
businesses whom we are asking the
shoulder more and more mandates taxes
regulations and cost increases again I
want to thank our witnesses for being
04:08
here today and I now yield to ranking
member Hahn for her opening statement
Thank You mr. chairman so before we deep
dive into examining the possible impacts
of this one part of the health care law
it's important that we step back and and
I think remember that the Affordable
Care Act has done a lot to make health
insurance more affordable more
dependable and more meaningful for
American families and businesses under
the Affordable Care Act children can no
04:41
longer be denied coverage because of a
pre-existing condition parents can keep
their son or daughter
on their insurance until age 26 surance
companies are forbidden from canceling a
policy for someone who's gotten sick or
been hurt just because they had a typo
on a form a decade ago if an insurance
company spends too much of the money
it's paid on things that aren't about
quality health care it has to refund its
customers the ACA empowers small
businesses and the health insurance
market through the exchanges and offers
05:13
significant tax credits to support
health insurance for some of the smaller
small businesses millions of Americans
are already feeling the positive
benefits of the Affordable Care Act in
their health and their pocketbooks now
of course I think there are ways that we
can improve this law I for one think we
might have to do something to bring
these hospital charge master list prices
into the light of day but as we move
towards the implementation of some of
the biggest components of ACA next year
05:43
there there may well be some things we
need to do to adjust and correct issues
that come along today we're examining
how one component of the law the tax on
health insurance companies may have an
undesirable impact on consumers
including small businesses in the form
of increased premiums as we examine the
problems this fixed fee could pose it's
important to understand the original it
was meant to raise 90 billion dollars
from insurance companies not their
customers with the insurance mandate
06:13
poised to deliver millions of new
customers to insurance companies it
would seem fair to ask the insurance
companies to pony up some of the cost of
the law that was going to give them so
many more millions in customers however
these companies threatened to recoup the
fee from consumers to increase premiums
rather than absorb the fee themselves
because higher premiums present a real
risk to small employers in their ability
to invest and grow I'm glad we are
investigating this issue we're looking
for feedback to see how likely increase
06:44
premiums are due solely because of this
section in the floor in the Affordable
Care Act and what they would mean for
our businesses but at the same time we
must recognize the difficulty presented
in our tasks do the number of major
insurance market reforms that also
become effective
next year these consumer protections in
conjunction with exchanges are expected
to alleviate the continued rise in
premiums over time market forces will
have a major impact on how insurance
providers react to being assessed a
premium tax while also being asked
07:16
tasked with implementing other insurance
reforms accordingly this hearing will
not only explore the burdens of higher
premiums but how also how the health
insurance tax will interact with other
provisions contained in the ACA like the
medical loss ratio and rate review
panels just as with any other
legislation that brings major changes
there has been much speculation about
the positive and negative effects the
ACA will have particularly to our small
businesses for this reason it's
important that we consider all aspects
07:48
of the health insurance tax before
acting prematurely to eliminate it
entirely at a time when we're facing
budgetary burns we must work to come up
with a realistic remedy the unintended
consequences of the health insurance tax
on small employers could affect their
ability to provide affordable health
insurance while also growing their
business this hearing serves as a
starting point to examine this issue and
start a dialogue so we can address it
immediately I want to thank all the
witnesses for being here today I look
forward to your comments and I yield
08:19
back mr. chairman thank you ranking
mandir hon we've going to have votes
probably at ten-thirty 1035 I think
we're going to have plenty of time to
get through the opening statements of
our four witnesses at which time we will
have to adjourn until after votes and
then we will come back at that point in
time and continue so I just wanted to
make that clear also to explain the
timing lights to our witnesses in front
of you you each have five minutes to
deliver your testimony and the light
will start out as a green light and with
08:50
one minute remaining the light will turn
yellow and finally it will turn red at
the end of your five minutes and if you
could try to keep your time within that
we would appreciate that especially with
our voting schedule coming up our first
witness is William Dennis jr. who is a
senior research fellow with the NFIB
research foundation in Washington DC I
referred to some of the studies reports
in my opening
comments mr. Dennis has directed the
NFIB Research Foundation since 1976
welcome mr. Dennis you have five minutes
09:21
to present your opening testimony thank
you very much mr. chairman I'm
accompanied today by Michael chow who's
a senior policy analyst with us who
actually did the simulation itself so if
we get too deep in the weeds why I have
my technical expert with me um I also
i'm going to strike some of my initial
comments since you very well described
what we're talking about here in that
kind of thing but let me just kind of
summarize what the health insurance
09:51
premium tax is has four characteristics
it's large it's highly an equitable its
non transparent and it cascades and so
in effect what it does is raises the
costs for smaller businesses it worsens
their competitive position and
ultimately it gives those those small
business owners without health insurance
another reason for not providing it to
10:21
their employees the simulation which we
have is attempt to determine the
economic impact we used a besom module
of something called a Remi model now the
Remi model is a very standard common
model used by many folks to give you an
example we not only use it but the AARP
and EA does MIT has been a client for
for a while University of Michigan the
10:54
Democratic policy penny are on the
Senate side has been so it's a generally
well recognized model as we proceeded
with it there are lots of moving parts
when you try and estimate things like
this and what we attempted to do with
these moving parts is to as much as
possible be conservative and in their
use by conservative in this case I
simply mean that we try to minimize any
potential extremities that would occur
11:25
use conservative assumptions for example
we assume that there would be constant
employee or employer offer rates that
they wouldn't change that's an arguable
thing but that seems to be the most
reasonable thing we have and there are
other similar types of things such as
the constant distribution of insurance
types same number of Family Policy same
number individual policy plus one pulse
so forth there are the question an
initial question what was the what will
11:57
the tax rate actually be since it wasn't
initially put into the law as a
particular rate and we didn't feel we
had the expertise so we relied on two
sources to come up with our estimates we
use the joint Tax Committee and we used
Doug holtz-eakin zeeeee estimate and of
course he's a former chairman of the
House Budget house or congressional
budget office I'll get that right yet
12:28
and so we used two point five and three
percent and and simulated both those we
also use different rates of premium
inflation because that's a matter of
dispute no one knows quite what that's
going to be as time goes on some are
arguing they'll be relatively well some
are going to be relatively high so we
use basically five percent annual
increase to ten percent annual increase
with increments in between these results
13:00
yielded a total estimate of 146 to
262,000 lost jobs fifty-nine percent of
which would be in small business it's
also a cumulative loss of up to one
hundred and eighty four billion dollars
in lost output so it's an it's a
significant impact somewhat argue could
be bigger but it certainly is
significant and the numbers that I've
just given you include all the feedback
that comes from the reinvestment of the
13:35
money
so in effect we've also included not
only the jobs lost but the jobs that
would be gained through healthcare and
things of that nature so in some what
we're doing is we are collecting and
spending a hundred billion dollars of a
hylian equitable tax to yield
essentially a quarter of a million lost
jobs and 175 billions of 202 200 billion
14:07
of lost gdp over a decade Thank You mr.
chair and be happy to answer any
questions that you may have Thank You
mr. Dennis at this point I would like to
yield to representative Matheson who
will introduce our next witness well
thank you chairman Collins thank you for
holding this hearing it's particularly
important for small business because as
you know this premium tax applies to
fully insured plans doesn't apply to
self-insure which are more large
corporations so I'm glad the committee's
holding this hearing and you mentioned
my role with mr. boost on e on the
legislation to repeal this particular
tax my purpose in being here today is
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introduce a good friend and a
constituent of mine and someone whose
family is known mind for a number of
years Ryan Thorn is a health underwriter
from South Jordan Utah and there he is
serviced Utah small employers for over
30 years and he is a small business
owner himself he served in various
capacities with the National Association
of health underwriters and he is
currently a vice president of that
organization it's fair to say the Ryan
has a great understanding of the small
business market place and the mechanisms
at play that affect business costs and I
15:10
think it's testimony and answers should
be very important for this committee to
hear as this is someone who is balancing
the books for his own small business and
he's also providing health insurance and
consultation to other small businesses
as well I've always found him to be a
very forthright individual who's
provided me with good information over
the years to help me understand the
issues I'm pleased he's here today to
testify before this committee and I
yield back my time mr. Thornton if you
could deliver your opening remarks thank
you and good morning my name is Ryan
thorns mention I do own an insurance
15:41
agency in South Jordan Utah I am
self-employed with one part-time
employee I am here on behalf of the
National Association of health
underwriters or
nhu I've been involved with nehu since
1993 and currently serve on the national
board I help my clients purchase health
insurance coverage and service their
benefits all year long almost all of my
clients are self-employed or have less
than 25 employees I'd like to thank the
house Small Business Committee for
inviting me here today and for my
congressman representative Jim Matheson
16:12
and also my senator Orrin Hatch is they
have both sponsored bills to repeal the
annual fee on health insurance premiums
included in this law which will have
serious financial consequences for Utah
businesses and consumers while
technically paid by the carriers that
issue individual and fully insured
coverage from 2014 on utah insurers have
confirmed back to me that the tax will
be passed down to consumers the direct
impact on premiums will be staggering I
have included Utah's data in my written
16:45
testimony at each of you but in short it
averages out to be about five hundred
dollars per year for families and two
hundred dollars a year for individuals
it disproportionately hits individuals
and small business owners the people who
have been hurt most by these challenging
times and this tax never goes away among
my clients the cost of health insurance
is a huge concern in preparation for
today I contacted several of them to
share their thoughts one longtime client
wrote we've always tried to take care of
17:16
our employees but it's becoming
impossible at this rate another
explained we currently pay seventy-five
percent of insurance premiums for all of
our employees and their families we have
historically provided this degree of
benefit because of our strong commitment
to our most valuable asset our employees
frankly Obamacare's multiple hidden
taxes such as the hit scares the
daylights out of us and threaten not
only our ability to provide adequate
insurance coverage for our employees and
families but also the very existence of
17:48
our company the bottom line the ACA and
its national health insurance sales tax
is causing tremendous anxiety for
American employers one of my clients
said freedom brings happiness
I just don't find happiness anymore from
what the government's doing to me this
tax has no purpose but to increase
federal revenues it doesn't make the
markets work better or target poor
behavior choice such as smoking it's a
huge expense for individuals and small
18:18
businesses larger than the device and
pharmaceutical taxes combined the
members of nehu and i believe it's
inherently unfair to finance health care
reform by taxing people who are doing
the right thing by buying private
coverage I've made my living for nearly
30 years helping people buy private
health insurance so i know when prices
go up people buy less or simply forgo
coverage altogether I'm afraid this tax
and other cost drivers will incentivize
18:49
the younger and healthier people not to
buy coverage until they need medical
care the resulting adverse selection
will make the cost of health insurance
even higher for everyone the impact of
jobs will be huge another client said
the activation of this law and tax will
likely prevent me from hiring new
employees besides not hiring employers
will change jobs from full-time to
part-time status since most part timers
are not offered benefits of course this
19:20
is to the detriment of the employees
whose hours will be cut we're simply
going in the wrong direction finally on
a personal note my wife my wife Robin
and I spent just under five hundred
dollars a month on our four thousand
dollar deductible family HSA policy
which is a significant expense due to
other ACA pricing changes premiums will
be going up an average of twenty eight
percent next year for Utah families like
mine that's on top of the hit tax and
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other fees factoring the laws mlr
requirements which by the way decreased
my personal business income by thirty
percent it's hard to call this law the
Affordable Care Act at least in the
thorn family I consider an honor to have
been invited to share these thoughts
with Congress today and the impact this
hit tax will have on small businesses
and individuals thank you very much
Thank You mr. thorne I'd now like to
yield to ranking mandir hon for the
introduction of our next witness Thank
20:23
You mr. chairman it's my pleasure to now
introduce mr. paul van de water mr. van
de water is a senior fellow at the
Center on Budget and Policy Priorities
where he specializes in medicare social
security and health coverage issues
previously he worked at the
Congressional Budget Office for over 18
years welcome mr. van de water thank you
miss Hahn for that kind introduction the
mr. chairman I'm pleased to be here with
all of you this morning the Affordable
20:53
Care Act will extend health insurance
coverage to 27 million people and help
ensure that Americans have access to
affordable coverage and it will do so in
a fiscally responsible way in fact the
congressional budget estimates that
health reform will reduce the deficit
modestly in its first ten years but
substantially in the following decade to
pay for this expansion of health
coverage the ACA levies taxes on or
reduces Medicare payments to businesses
and industries that will directly
21:25
benefit from health reform the fee on
health insurance providers also known as
the health insurance tax falls into this
category the fee does not apply to large
employers that self-insure those that
pay the costs of their own employees
rather than purchase insurance in the
commercial market this is reasonable
since most large employers already offer
health insurance and will be largely
unaffected by health reform as with any
excise tax supply and demand will
determine how the taxes burden is
21:56
ultimately split between providers and
purchasers insurance companies have
recently turned in very strong financial
results and thus are well-positioned to
bear some of the texts but a portion of
the tax is likely to be passed on to
consumers the Joint Committee on
taxation as I think another witnesses
mentioned estimated premium subject of
the fee will be two to two-and-a-half
percent higher than they otherwise would
be but that is only part of the story as
congresswoman Han mentioned in her
22:27
opening statement
health reform also contains many
provisions that will slow the growth of
premiums the new health insurance
exchanges will increase competition
among plans and create economies of
scale standardization of benefits and
prohibition of medical underwriting will
reduce administrative costs the
individual mandate will help bring more
healthy young workers into the insurance
pool premium increases of ten percent or
more are subject to state or federal
review and insurers must provide rebase
22:58
to their customers if they spent less
than eighty percent of premiums on
medical care the ACA also includes a
large number of initiatives to identify
and implement more efficient ways of
delivering medical care services all
things considered the congressional
budget office estimates that health
reform will slightly reduce premiums for
employer-sponsored health insurance in
the near term for employers with more
than 50 workers CBO estimates that the
law will reduce average premiums by up
23:29
to three percent in 2016 compared to
what they otherwise would be for small
employers the estimated change in
premiums ranges from an increase of one
percent to a reduction of two percent
and for workers and firms that can
benefit from the ACA is tax credit for
small employers the cost of insurance
will drop by eight to eleven percent now
claims that the health insurance tax in
particular or health and reform in
general will kill jobs are unfounded the
Congressional Budget Office foresees
24:01
only a small net reduction in labor
supply primarily because some people who
now work mainly to obtain health
insurance will choose to retire earlier
or work somewhat less not because
employers will eliminate jobs and if
you'd like and questioning I'd happy be
happy to illustrate indicate why I think
the the problems are with these study
from the NFIB in conclusion the health
insurance tax forms part of a carefully
thought-out structure to expand health
24:31
insurance coverage and slow the growth
of health care costs without adding to
the budget deficit any effort to modify
or repeal this tax must not enter
undercut
any of these three crucial objectives
Thank You mr. chairman thank you dr. van
de water our final witness is Dean
Norton who is president of the New York
Farm Bureau mr. Norton is a senior
agricultural consultant with freed
Mexican Battaglia a local CPA firm in
the Buffalo New York western New York
25:02
area he is a constituent of New York's
27th congressional district which I'm
honored to represent and his family owns
a dairy farm in Elba New York he is
testifying today on behalf of the New
York Farm Bureau welcome mr. Norton you
have five minutes to present your
testimony Thank You mr. chairman I
appreciate the opportunity to appear
before you today and was a serious
concern from my farm my neighbor's farms
and those all across this great country
the hit tax ultimately will hit me and
my employees and our wallets and
25:34
strength to health care coverage my
family's farm is able to provide I'm the
fifth generation of Norton's to farm on
the same plot of land in elma New York
dating back to 1906 and my
great-great-grandfather bloom olk
orchard area encompasses 1,000 acres of
cropland and we milk about 900 cows a
day we also have a custom trucking
operation for forage and commodity
harvesting and my wife melody now I
operate the mck Cattle Company which
leases cows back to neighboring dairies
in addition it has been my privileges
have been mentioned to serve as the
26:05
president of New York farm bureau for
the last four years and I also serve on
the American Farm Bureau board of
directors a recent congressional budget
office report confirms that the hit tax
would be largely passed through to the
consumers in the form of higher premiums
for private coverage my family's farm
and countless of other small businesses
will bear the brunt as consumers small
businesses are the backbone of the
American economy farmers are small
businesses and many of us offer health
care coverage for our employees most
26:36
farmers and other small businesses do
not shelf ensure because we do not have
a large enough pool of employees instead
small family farms like myself purchase
health insurance on the fully insured
market which the hit text is levied on
and that is why we are going to feel the
full force of the hit
text as the health insurers pass on the
cost to family farms it is expected to
cost as has been mentioned 100 billion
dollars over the next 10 years that
translates to four hundred dollars more
27:08
per family per year that's hit that many
families cannot afford you're talking
about money that could buy a month's
worth of groceries and don't forget
those of us in rural areas already pay a
disproportional share of health care
costs than those who live in urban areas
keep in mind these costs are only going
to make it tough for our farm to operate
dairy farming by nature is highly
unpredictable we have no control over
the price of milk which varies greatly
from year to year also the price of feed
27:38
for our cows and fuel has been rising
rapidly as have the farms health costs
health care costs for small businesses
have doubled since 2000 imagine trying
to budget with all those uncertainties
every year in order to keep up with the
rising expenses of employer-provided
health insurance we have been forced to
trim costs it was necessary for the farm
to significantly change the cost
structure of our insurance plan we have
turned to a highly deductible policy
that only covers fifty percent of the
insurance costs at this time we used to
28:10
cover ninety percent and turn our
employees now have to contribute a
larger portion of their income when they
seek medical attention and I think we
could all agree that this can be a
disincentive for people to seek care in
some instances to compound the problem
we now only cover half of our employees
than we once did and keep in mind this
is all before the hit tax now we have to
reevaluate our health insurance coverage
again do we want to offer less health
care coverage absolutely not health
insurance is a benefit that we need to
28:41
attract high quality dependable workers
milking cows is a seven-day-a-week
business 365 days a year without our
hard-working employees we would have no
family farm for our trucking business it
runs during our very short harvest
season or missing out on a single day
can be the difference between profit and
loss it is very important we are able to
offer reasonable health insurance if we
are to obtain the workers we need to
stay in business just as important it is
for our employees their families and our
communities that we keep them healthy
29:12
the attacks will hurt the very people
that it was intended to help it means
that it would be harder to afford
healthcare for my family my employees
for farms across this country in
conclusion I would encourage encourage
all members of the health Small Business
Committee to be sponsors of the
bipartisan bill HR 763 introduced by
represents bastani from Louisiana and
represented Matheson from Utah this bill
repeal the annual fee on health
insurance providers that was enacted by
the Affordable Care Act I appreciate the
29:45
opportunity to share my story and I look
forward to your questions Thank You mr.
Norton we'll start the questions as we
watch the clock to see when we may be
called out to a vote but I think from
hearing the opening testimony a good
opening debate comment might be
concerning whether or not insurance
companies will in fact attract so many
more customers that their profits will
skyrocket to the point they don't have
to pass much if any of this tax on to
the consumers which is I understand and
30:15
paraphrase dr van der waters comments
was one of the reasons that this tax is
levied on the private offerings that
most small businesses offer because in
fact they're going to get so many new
customers they'll make money and to be
able to absorb a large part of this so
maybe I'd ask each of you to comment
because I know my own observations are
especially concerning the young and the
healthy now that the companies cannot
charge more than nine and a half percent
of their w-2 wages and mr. thorne you
30:47
might comment on the fact there is no
longer just a pure single policy those
policies have to include the dependence
of the family so we used to have single
family now we've got single plus
dependence which is a more costly policy
and then the wife or the spouse come on
board so you might speak to that my
concern is just the opposite there will
be fewer and fewer policies the young
and the healthy will in fact understand
that they can drop health insurance
altogether and because there's no
penalty for pre-existing conditions you
know why would they have health
31:16
insurance at all and also companies are
likely as I've talked to them take
employees drop them to part-time so they
won't get insurance which certainly
would have fewer policies and then you
know lastly the cost of the penalty at
two thousand dollars is less than most
companies pay and you might see a
significant number of companies dropping
health insurance again which actually
would reduce the number of customers not
increase them as dr. van der water
testified but you know all four of you
31:47
in good open debate and that's why we're
here if you could comment on some of
those start with mr. Dennis first of all
I think the lot of us are are operating
on a good deal of speculation quite
frankly because what what we have seen
as time goes on is that we keep asking
small business people what they're going
to do and so on so forth a lot i'm
really don't know what's going on yet
but those that we engage and talk to
32:17
tell us indeed that of those that don't
have it they're they're less likely to
have it those that do are casting about
for ways to get out from underneath a
lot of this most of them don't want to
get rid of their health insurance but i
think over the longer period button come
push to shove is our judgment that in
all probability will decline how much I
don't know Thank You mr. Dennis mr.
32:50
thorne as someone who is selling these
policies we'd be interested in your
comments it's interesting as I as I meet
with with clients every day and and the
the underlying concern is the
uncertainty is was just mentioned
they're literally scared to death is to
the unknown I mean they're trying to do
the right thing for their cut for their
employees but they're looking at this
huge expense going how my margins are
already so thin bring on another five
hundred bucks head tax sure had loved it
just is not going to happen and I think
33:21
part of the problem and as I talked to
the carriers in my state anyway they did
indicate it will be passed on to the to
the consumer to the small employer owner
and and so I think we have a
trickle-down effect so if that
passed down to the consumer and all of a
sudden we've got more people opting out
because I can't afford this anymore that
500 bucks just put me over the edge
you're going to have less revenues
coming into the insurance carriers okay
so that's going to be a trickle down
problem I also see from my own
33:54
experience you've got a lot of small
businesses who are looking at cutting
hours the opposite of what they really
want to do and instead of being able to
support a full-time family and give them
a good decent wage in order to fit their
own budgets they're going to have to cut
their own hours down so that's going to
the wrong direction as well I share the
concerns dr. van der water if you could
comment as certainly as I said mr.
Chairman I think there it does seem to
be a consensus among economic analysts
34:25
that at least some of this tax will end
up being passed forward to consumers the
Joint Committee on taxation my cited
which is Congress's nonpartisan staff
agency has estimated an increase of
about two to two and a half percent in
premiums if one were to look at the
effect of this tax by itself so i think
that i think is we can take pretty much
as a given but the point is there's a
whole heck of a lot of stuff going on as
well I was really taken by mr. Norton's
34:55
comment that his eye insurance costs
have gone up by had doubled I think you
said over the past ten years or so
that's a huge increase in relation to
that at two percent tax is pretty small
and can easily be swamped by these other
factors in the Affordable Care Act that
I that I mentioned and that ms hon
referred to as far as whether insurance
companies are going to get more business
i think there's there's virtually no
doubt that they're going to get
substantially more business again
35:28
relying on congressional budget office
estimates you see huge increases and
again knowing that it's going to have a
fellow witness from New York I just came
across a study yesterday from the state
of New York about the growth of the
small group and the non group market in
New York and this was done by i think by
the
the consulting firm of Deloitte they
estimate a huge increase in non group
insurance in New York of the 10 10 / 10
36:00
fold and if a modest increase but it
increased nonetheless in small group
coverage so again I think that the the
consensus there is overall there will be
a very substantial increase in insurance
coverage and in and in business for
commercial insurers thank you dr. van
der water mr. Norton yeah it's been my
experience in the agriculture industry
that any time a regulation or a mandate
has been passed down to our suppliers or
vendors that eventually I'm the one that
ends up paying for that tax or
36:32
regulation so i would say that there's
probably a good chance that yes we will
be doing this we were all talking about
the uncertainty and i would just mention
that i know of at least two farmers mr.
chairman in your district because the
uncertainty of immigration reform
because the uncertainty of the
Affordable Care Act the hit tax and what
does it mean to their business they have
taken I would consider drastic steps and
they've moved away from being a
specialty crop growers and spy special
crops made fruits and vegetables like
37:01
cabbage cucumbers apples and whatnot and
they have made the decision that this
year they're going to move away from
growing those type of highly
labor-intensive crops because of the
uncertainty with all these rules and
regulations and immigration reform and
they're going to go to mechanize type of
Agriculture or corn soybeans something
that can be planted and harvested with
machines and to me that's a loss not
only to that farm but you're talking 30
employees that won't be employed by a
farm you're talking about thousands and
37:33
thousands of dollars that are not going
to be in the community anymore so to me
this uncertainty is already of having
drastic effect and what is happening in
the agricultural community Thank You mr.
Norton again one of the reasons for the
hearing is to talk about what might
happen again none of us know for sure
and now that's why I think the public
deserves and we're having this hearing
today to hear various potential outcomes
and with that I'd like to yield to rang
member on for her opening question thank
38:06
you and again it's this is an important
hearing that we can really analyze what
some of the impacts are of the
Affordable Care Act I will say I've been
having in my district workshops with my
small businesses specifically on ACA
because there is so much
misunderstanding out there and frankly I
would dare say there outright lies being
put out there within some of the media
38:37
outlets about really what this means so
I've been holding workshops so that we
can walk small businesses through what
this means now in California we're ahead
of the game because we're we're ready
for the exchanges where we're on top of
it and it's we think it's going to be
valuable and beneficial to small
business and let's remember less than 1%
of small businesses will be under the
mandate of the Affordable Care Act to
provide health insurance so but that
39:09
doesn't change those of you who want to
provide health insurance which I applaud
and then what this new tax will mean in
term in terms of higher premiums well
what I want to do mr. van de water and
mr. dennis is maybe talk about that huge
disparity that both of you talked about
in terms of job losses as a result of
this I know if it was a result of ACA or
result of just this tax and want to hear
that and you know by the way we're
39:41
talking about job losses we've been told
that sequestration will result in
750,000 job losses so you know that you
know around here there there are some
decisions that have been made that have
resulted in job losses so let's on top
of that I'm really interested to know
what the big disparity is on the number
of jobs you think will be lost as a
result of this maybe mr. van de water
you kind of said you would be willing to
sure explain
40:12
the is I indicated the Congressional
Budget Office has taken a look at the
overall effect of the Affordable Care
Act and has concluded that the effect on
employment overall would be negligible
and in fact the extent that there is any
effect at all it would result from the
fact that some people who are in effect
hanging on to jobs in their older years
simply to hang on to health insurance
coverage would be able to you know
retire earlier spend more time with
their grandchildren whatever because
they would have alternative sources of
40:44
health coverage available that weren't
tied to their to their employment now it
with regard to the NFIB study obviously
the modeled with it they use is very is
very complicated I can't say that I can
follow all of the the the moving parts
but I have a couple a couple of
suspicions of what's of what's going on
here first of all although mr. Dennis
talks about you know the the proceeds of
the tax being invest invest 'add it's
not entirely clear to me that that the
41:16
the model is taking account or the
assumptions that were input into the
model are taking into account of all of
the spending that results from the tax
because of the extent that there's money
that's being collected through the text
but not but being spent yet not get
ignored in the model you could end up
with the job loss because of that I'm
also concerned about what the model is
it may be assuming with respect to the
effective premiums on wages again you
know as an economist I would you know
41:48
you know believe that to the extent that
people get health insurance coverage
that's part of their compensation
package it's a compensation just like
wages and the extent that employers are
paying more compensation in the form of
health insurance over the not too many
years that people will end up with less
cash compensation sort of the extent
that compensation is unaffected by the
cost of health insurance as I think it
would be it's very hard for me to see
42:19
why there you know this particular model
should produce anything in the way of
job loss thank you
it's an interesting angle to talk about
the people who really only have jobs for
the health insurance as being one angle
man I had a friend who got married to
the wrong person just so she could have
health insurance so we'll also have a
lot of less bad marriages as a result of
this mr. Dennis explain we didn't model
last before the the bad marriages I'm
42:50
sorry but yeah the first thing on the
spending item yes it all is required by
the law by the way the thing is
constructed that you have to put it all
back in you have to put it back in in
the industries in which is presumed it
will go into so we assume that this
would be spending most part on the
health care with a little bit on
insurance i believe is the way we put it
together so that answer is yeah there is
all spending the second thing is the
idea of pastors and the passwords of
43:23
these things in terms of lower
compensation and so in effect we get a
net wash on that and there's some truth
in that there's only up and again I I
can't do all the technical you know
equations and all that sort of thing
they got in there either but I I think
there is an allowance for that and some
of it goes through and some of it
doesn't okay thank you thank you at this
43:56
point I'd like to yield two
representative Huelskamp 45 minutes
Thank You mr. chairman i didn't know
we'd get the questions before we went to
vote but I appreciate the opportunity
gentleman thank you for being here
appreciate the opportunity to visit with
you and first I want to read a
constituent email i have received and
ask you a few questions about that and
and dear Tim or dear congressman I
appreciate all your efforts against the
healthcare plan and now more so than
ever I want to tell you my story in case
44:27
any personal stories will help you in
your fight against that horrible all and
this is from kathy i was recently
notified by an insurance company that
they will be closing
the doors going out of business on
December 31st of this year due to the
Obamacare sledgehammer that will be
coming down on everyone as of january
first 2014 not only am I losing my and
my children's insurance coverage I'm
losing people who have become my friends
and that she describes this insurance
44:59
company was with with the family
throughout a a loss of her husband
through cancer and I and this is just
not an out one letter we received this
is something I received from from many
folks of that she was happy with her
health insurance coverage and she has
lost that and we talked about the facts
and figures that are in here one thing
you can't change her these stories are
folks that like their health care plan
congressional budget office estimates
45:28
that seven million Americans will lose
their employer based health care
coverage apparently even if they liked
it they don't get to keep it seven
million and that's an impact of what
happens here at one thing I want to ask
question is this one hundred billion
dollar tax increase which I'm signed on
to the bill to do away with that I I
think the doctor here supportive of that
I would guess the other three are not
45:59
but mr. dr. question I have one hundred
sixteen billion dollar tax increase you
support that do you think that was not
high enough or just about right you're
under the impression that this tax
increase is good for the economy good
for the health care sector and once you
describe the reasons for your support of
that and and what it means for Americans
the the importance of the health
insurance tax is as one of the ways of
paying for the expansion of coverage and
46:31
health reform I personally think that
it's a very important benefit it's a
very exciting development that all
Americans going forward will have access
to health insurance coverage regardless
of their health status regardless of
their employment status I for one think
that
you know I want my children to have
access to health insurance i suspect
that all of us want our children and
friends to have access to health
insurance and I think the Affordable
47:02
Care Act will do that and that's why we
have this tax along with the others in
health reform not because we like anyone
tax in particular no one likes taxes per
se we raise taxes to raise revenues to
pay for things we want to pay for and in
this case we're paying for an expansion
of health insurance coverage to 27
million Americans would there be
alternative ways of raising that revenue
of course there would and if the
Congress can come up with an alternative
47:33
so be it but what do I tell Kathy who
lost the plan she liked dr. it was taken
away from her she had a decade-long
relationship with this company and it's
worked well for her and you've come in
here with this law not you or the
Congress and the president and says
sorry that's no longer a choice you have
anymore and she's very upset about it
what do I tell her well there's no
evidence that that that the what's
happening to this company is as a result
of this particular tax the law is is the
48:06
impact that caused this now I mean you
can argue with Kathy and argue with her
experience with her insurance company
but the impact this law is the company
she liked and as well seven million
other Americans have health insurance
covers you're going to lose that after
go into a plan they don't like I mean
what am I supposed to tell those folks
you say hey it's a great thing enjoy
paying the tax but you don't get to keep
the health insurance as promised I think
that the the health and the health
reform law has become a convenient
excuse for people to use we don't know
48:36
that this company is going out of
business because of the health reform
law companies of small businesses we
know I'm not going to argue with with
Kathy who lost her health insurance
coverage and making this claim for
insurance company she was happy with it
this company is going out of business
but it gets a statement about it because
of health and yeah and I don't yell
that well one thing you do not know
doctor is the fact that i'll note here
you you you use data from 2009 to make
your claims CBO is updated many
49:07
much of this date in here the 7 million
do not agree with the CBO that seven
million Americans are going to lose
their employer-based health care
coverage you disagree with that some
people will you don't you can disagree
with up to 7 million Americans this is
coming on the CBO I don't know a number
of hand if that's the right number you
might look up the latest reports because
one point in here and I'm sorry miss
chairman but when you come here and you
use something from 2009 and say this is
about this is what you're here before
49:38
this past two thousand other citations
you can certainly you have the citation
sir it's in your report and you talk
about the invitation select insurance
the the nothing I have said this based
on CBO 2009 has has changed in CB o--'s
view that I know of come be happy to
share that with you uh sir the CBO has
changed they now estimate that that the
cost has doubled that's the estimate at
CBO and the seven million lost seven
50:09
million figures is not new i mean this
is a few months out here so i just say
there's some information out there i
appreciate if you chair the most
up-to-date information on the sea 27
million figure i used is the most recent
number and well how many will still be
uninsured when this is fully implemented
about the same percentage that were
uninsured before we started this I yield
back now absolutely thank you mr.
Huelskamp voting has been called but we
do have a few more minutes so in the
interest of maybe cutting it a little
close which is okay I'd like to yield to
50:42
mr. Schneider for his question and I'll
be brief but I I've spent the bulk of my
career working with small businesses I
owned businesses from 97 to 2003 on the
small insurance agency and I know from
my experience with both personally and
many of my clients the bane of looking
to the future is uncertainty as you talk
about the uncertainty it makes it very
difficult but I also know from my
experience they experienced my clients
that we were seeing double-digit
increases in health insurance premiums
going back and as we're making choices
51:14
that was one of in my own case with my
partner that was one of our greatest
uncertainties every year
is what was going to be the increase in
health insurance and for a small
business we had our peak 10 employees
that was a very difficult challenge so
as you look at uncertainty as we go
forward what do you see and we need to
get through to the other side of the
complexity of health care but to provide
a greater certainty once we get there
once people know what they're doing do
you think people will start hiring again
do you think we'll start moving in the
51:46
right direction again what's the impact
long-term that concerns you well are you
talking about I'm certainty in the in
the abstract or with with regard to the
particular thing we're talking about
here health care well inserting the
abstract makes it hard for businesses to
plan in general but specifically with
health care this is once we get it set
they will know what they have to look
clear clearly uncertainty has been a
major what can I call a drawback or
dampening had a dampening effect on
52:17
small business employment it probably
has also had a dampening effect on entry
to although we can't prove that nearly
as much um longer term one has to assume
that if you reduce that uncertainty and
it will take a lot to do that um that
indeed employment will will be much more
likely to stabilize in the sector small
businesses still struggling and a good
52:47
bit of it is that rather than hiring an
anticipation you know expecting certain
positive things to happen and therefore
I'm going to hire I it's almost the
reverse happening you have to force them
to hire in other words things have to be
so tight that that's the only way you're
going to hire and that's the feedback
we've been getting for a long time now
and it seems to continue all survey
stuff would also show that that
uncertainty is a huge right factor yeah
53:21
do you get a sense and I'll close with
this question do you get any sense in
your surveys that small business
employers with access to exchanges with
access to a more stable market will feel
that they have the opportunity to
hire more people down the road we don't
have any survey data on at one way or
another we hope to begin to start
collecting some of it soon and to be
able to give you a better answer round
that we put it that way I'll yield my
time thank you in the interest of
53:52
continuing to cut it close we'd yield to
mr. Luca buyer for his question Thank
You mr. chairman um with regards to the
exchanges mr. Dennis the president's
already waived off the competitive part
of that for another year or two is that
not correct can you explain a little
about that you mean that there will only
be one plan right right now there be one
rather than three third so as a result
of that where's the competition that's
supposed to be driving down price well
54:22
you wouldn't necessarily have to get
your your insurance for the exchange you
could but you don't necessarily have to
so presumably there will be other plans
what kind of effect is that going to
have on the small business folks trying
to find insurance well it will be I mean
they'll have fewer opportunities and
they would wonder what was that usually
mean you have fewer opportunities more
expensive more times less less quality
only put it on one of the things that
I've talked with my small business folks
54:53
at home is that whenever they're looking
in the in the the 42 150 range about how
they're going with employees how they're
going to be able to afford this you
looking at going to part time with some
of these going temps and some of these
even dividing their companies and to
having two separate companies to try and
slip underneath this one of these people
are going to go down to 28 hours of 30
hours whatever it is those people are
going to find insurance on rome's then I
correct yeah okay if if you're a young
person that's being laid off and you're
55:26
and you're healthy mr. thorn what's your
experience with young people who have to
make a choice between paying rent make
it a house payment paying carpet making
car payments paying the rest of their
insurance and now they have to figure
out how they're going to for health
insurance on reduced budget what's your
experience with that
or go on a date now go on a date and and
young healthy immortals we call them
mither get married like miss Hahn's
friend maybe that's that's up there you
go no I think that's a very real concern
56:00
and in our state of Utah we've had up to
age 26 for a long time for a number of
years so part of the AC I think that's a
good thing I look at a lot of these
young kids who are going to school the
last thing in the world they can afford
is health insurance be able to stand
their mom and dad that's a good thing
but for those young folks okay let's
take let's take a single parent with
what the child or to your 33rd some
years old you've got a you know your
wage earner and pick you pick out
whatever occupation you want to but your
wage earner and selling now you don't
have your receptionist etta at your
insurance agency for instance and
56:32
selling you get your hours cut back
you've got to employees let's say now
you cut them both back 28 you get part
tempo a symptom don't have to supply
their insurance firm what happens what's
the economic effect when people have
less money to spend mr. Dennis well if
you have less money to spend you don't
pretty Earthlings right well yeah you're
going to prioritize the most okay if you
have listened and if the insurance is
taking more money out of your pocket and
you have less money to spend that's less
money to spend the rest of the economy
57:02
is it not um well someone's got it
somewhere I mean though the insurance
companies are going to take it out into
the government so the government that's
got it right exactly okay so where does
it where is the economic benefit of this
or it's going to be a plus or a minus
I'm getting a little lost on some of
this I'm sorry sir but okay my basic
where I'm headed with this is the
insurance costs are sucking more money
our economy there's less money for the
individuals and businesses to spend
right and therefore is going to be less
57:34
money spent in the economy so the effect
would be well I'm not known otherwise
there won't maybe a less money spent it
will be who is spending it and what is
being spent on okay who can best spend a
dollar the government or private sector
I'm made a better return I'm very much
bias or private sector
yeah thank you for your honesty mr.
Dennis um I I think that you know in the
interest of time here I'll stop there so
we need to go vote but again I thank you
58:05
each for being here today I appreciate
your willingness to spend some time with
us and give us some real world examples
of some of the effects of this this tax
on small business thank you uh in the
interest of getting out to vote we will
adjourn this briefly until we're back it
could be 30 to 45 minutes there are a
few more questions and I think to get
those on the record we will reconvene
after voting I thank you for your
understanding and we'll be back as soon
as we vote this meeting is temporarily
adjourned Thank You mr. chairman we call
the hearing back to order and in the
58:35
interest of time I'll certainly defer to
minority ranking member haan for a
couple of questions so she might catch
your friend Hey Thank You mr. chairman
so uh mr. van de water what the ACA
included provisions requiring rate
review panels and the medical loss ratio
requirements both intended to protect
consumers can you please explain the
interaction between the health insurance
tax and consumer protection provisions
59:07
like these yes thank you ms hon the is
discussed before the the medical loss
ratio provision is designed to make sure
that consumers basically get good value
for their insurance premium dollars that
um that in the you know and the so the
requirement is depending upon you know
the details of the policy that either 80
or 85 percent of the premium be paid out
ultimately in benefits now my
recollection is that this particular tax
59:40
that we're discussing today the health
insurance tax is you know it is included
for purpose of meeting the medical loss
ratio so that you know the extent that
that's passed forward that you know the
consumers still have to pay the you know
can be forced to pay some of the some of
the health insurance tax that is that
the medical loss ratio provision doesn't
protect the
from having part of this tax passed
01:00:10
forward but it will provide a lot of
help to consumers generally in fact you
know there are a lot of consumers
already receive rebates on account of
them the medical loss ratio provision so
that even though it doesn't protect them
from the health insurance tax in
particular it is a good protection
generally speaking thank you yeah we
actually had a witness here I think last
month that actually talked about already
having received $1,500 in her in a
01:00:43
rebate check that she was saying really
was helping to keep afloat her her
expenses at that time so she was very
happy to get that yeah and of course
there are a lot of other provisions of
health reform which have will be
affecting premiums as well during your
hour intermission that was mr. thorne
and I were having a good chat and we
were agreeing that in the long run the
most important thing that needs to be
done is to control the rate of growth of
01:01:13
health care costs and that's not
something that's peculiar just two
public programs like Medicare or
Medicaid but it applies obviously to
private insurance the self and you know
self-insured employers small businesses
that purchase commercial products
individuals and of course the ACA takes
a number of steps that we hope are going
to help slow the growth of health care
costs in the long run although we also
know that it's just the beginning and
that more is going to have to be done so
01:01:44
let me one thing that we haven't talked
about is the the premium tax credits
that ACA has included which will provide
assistance in buying health coverage and
these subsidies can actually lower
monthly health insurance costs for many
people and despite insurance companies
recouping the health insurance tax
through higher premiums do you think
it's possible that these premium credits
will help keep premiums affordable for
most people well for those companies for
employees of those companies that can
take advantage of them yes in my
01:02:15
prepared statement I mentioned you know
the CBO estimate that for
employees of that sort in firms that can
take advantage of the credit that the
net reduction in premiums might be on
the order due to the Affordable Care Act
overall might bind the order on the
order of eight to nine percent now I
think we all know I sure your committee
is very well aware that you know because
of cost considerations the reach of
those small employer credits is somewhat
limited it applied they apply only to
01:02:47
very small firms into those with you
know quite low wage levels but for the
firm's that can take advantage of them
there'll be a big plus I just have a few
questions to finish up and you know I
again thought we were only talking about
the medical device tax but in fairness
tall here I do subscribe to the max
baucus definition of Obamacare calling
it a train wreck we don't know what we
won't know until January one of 2014 but
01:03:19
I'm of the opinion frankly a hundred
billion here and a hundred billion there
and forty billion here and forty billion
there actually is real money even for
the federal government so a hundred
billion the health insurance tax another
hundred billion on the employer mandate
another forty billion we had testimony
just a few weeks ago from dr. Aiken who
was saying if a small start-up medical
device tax isn't profitable and they
don't make two-point-three percent of a
profit based on revenue they go out of
business all those jobs are lost striker
01:03:50
a hundred million dollar tax on medical
devices own already laid off a thousand
workers cutting back on R&D their public
company they need to protect their stock
price and they can't absorb or pass on a
hundred-million-dollar charge so again I
would say with some bias I agree with
Max Baucus it is a train wreck but a
couple of questions maybe to finish up
in mr. Dennis the NFIB is known for
advocacy for small business in fact I am
a member of the NFIB in all fairness do
01:04:23
you think you know I think I know the
answer that the annual feed threatens
small business expansion and job
creation just interested in your opinion
on that
yeah surely whenever you get something
like this why it's always something that
you have to pay and the more that you
have to do the less you're able to put
in the investment somewhere else it is
it's a matter of choices you either pay
which I have to pay or don't I more
01:04:52
investor or or don't it's pretty that's
pretty simple and the question is just
how much thank you one other question
for mr. Dennis and something that I am
very concerned about I believe in
competition I think competition works I
don't think the government should pick
winners and losers and I don't think the
federal government should put small
businesses at a disadvantage whether
it's currently today a higher tax rate
marginal tax rate for pass-through
entities then we have for big
corporations 39.6 percent for small
01:05:25
business thirty-five percent for big
corporations the first time I know of in
history that small businesses are taxed
at a higher rate but this is I'm more
concerned about the fact that a lot of
big corporations most are self-insured
you know so my worry is on the
competitive impact a lot of small
businesses certainly they compete
product line by product line with big
corporations they see a niche and they
want to step in but since big
corporations are not subject to this tax
if they're self insured so you could
argue and I think dr. van de water even
01:05:56
said it may not have a lot of impact on
some of these big corporations but this
tax is placed on those group plans that
small businesses subscribe to so now
this and whether it's small medium or
large but a chunk of this health
insurance tax there's unanimous
agreement will be passed on in the in
the form of higher premiums it seems to
me it's just one more competitive cost
disadvantage that the government is
deliberately deliberately passing on the
01:06:27
small business which will have a
chilling effect on competitiveness so
again that's you know a statement and I
just would like your comments mr. does
well no I mean I think that that's one
of the if you look at the tax per se and
forget the size the tax all and stuff or
the most egregious things about this
particular form of tax is that it's
highly discriminatory I can't imagine it
being in some of our context and this
one because it is so egregious and as a
01:06:58
corollary of course it's a hidden tags
it's a non-transparent tax so you know
and then thirdly if you want to put ad
that it's a cascading tax on that is it
becomes a tax on a tax because it's
rolled into the premiums so it really in
terms of just tax policy I can't think
about tax that's probably much worse
than this if you give me some time I
might be able to but this kind of does a
pretty good job of violating a lot of
01:07:28
important principles I think a prior
witness would say that the medical
device tax is right up there with us mr.
thorn now this is a little bit technical
but you know in peeling back the numbers
I'd like to ask you as I understand it
this is an excise tax so it's not tax
deductible so if the insurance company
has to provide call it a one dollar fee
to the government as an excise tax that
comes off of the bottom line for
for-profit insurance companies so in
01:08:01
order to get there it's not that they're
going to be passing on a dollar they
have to pass on a dollar fifty so
they're going to have to actually pass
on to the consumers and small businesses
a dollar fifty increase in order to have
a dollar left because the increase in
the premiums is Tex taxable event
they're going to pay 50 cent syntax to
the federal government which is money of
going out that then leaves them with a
dollar then they send that dollar to the
01:08:32
federal government as an after tax
excise text so if I you know as an
insurance broker I would ask am I
reading this correctly that a one dollar
increase a one-dollar health insurance
tax equals potentially certainly for
their for-profit insurance companies a
dollar fifty being passed on so it's
even worse I just would ask your comment
on that mr. chairman you're absolutely
right
the bigger issue too is the fact that
you're going to see a lot of insurance
01:09:03
companies who are creating or develop
self-insured policies down to five to
ten lives which is also a potential
train wreck in and of itself to avoid
this very very tax and I'm hearing
stories of that happening so we do we
really want to go down that road as well
I think there are so many problems with
this tax itself and it is district
disproportionately being affected by the
small employer groups if you're going to
spread the taxes should be amongst
everyone not just a certain population
01:09:34
and that's a concern I have my last
questions are for mr. Norton and the
Farm Bureau has a lot of issues I mean
just next week we're marking up the
five-year farm bill that was deferred
should have been done last Congress but
that's another comment so you have a lot
of issues dairy issues insurance issues
and so forth and yet you're here today
saying that one of the top issues for
the Farm Bureau is in fact repealing the
health insurance tax and just would like
your comment on on how it is you've
01:10:07
prioritized this given so many other
issues well as you mentioned you have a
lot of issues but this is your front and
center one of them because honestly
without some of the employees that we
have to help us on our family farms and
our family businesses we wouldn't be in
business and it's imperative of us to be
able to take care of them provide them
health insurance so you know the hit tax
you know as it's very well named is
going to affect us and or they're able
to have employees whether they're able
01:10:38
to provide the health insurance that we
want it to them and whether you know
some of our members might actually take
the drastic decision to either get out
of farming all the other because of it
or change their model so our members
felt very strongly about the Affordable
Care Act we've been opposed to its
mandates from the beginning and this is
one of the issues that you know we're
here to work on and and I'm sure you
deal with the other farm presidents
around the country so certainly New York
is New York but could I get your
01:11:09
comments on whether your counterparts
across the night
it states share the same view well I'm
one of 51 including Puerto Rico and as
you well know we get together every year
and have a meeting of delegates to
decide our policy and this was one of
those issues that we discussed and
decided in January and we all agree that
it's important that we take care of this
issue and that we speak up about the
cost of this mandate is having on us and
what it's doing to our farms and
01:11:39
possibly driving us off of our firms and
certainly the Farm Bureau is a
nonpartisan bipartisan group yes
nonpartisan bipartisan we work with both
sides of the aisle just last week I was
having a conversation with Senator
Schumer on immigration reform so I'm
very well aware that you and Senator
Schumer and not on the same side of the
aisle oh you think anyway I want to
thank the witnesses and miss on I don't
know if you have a couple of follow-up
questions certainly well and that's much
follow-up but you know I just feel like
I need to go on the record to say you
know it's the insurance companies who by
01:12:11
the way the last time I checked we're
making huge profits CEOs of insurance
companies are making millions of dollars
and once again we're letting the
insurance companies run healthcare I
mean that's why we have the Affordable
Care Act because insurance companies in
this country instead of the doctors were
telling people what kind of procedures
they could have you know one of the
reasons i ran for Congress because i had
one of my best friends died of breast
cancer about 20 years ago because at
that time bone marrow transplants were
considered experimental and her HBO did
01:12:43
not allow for a bone marrow transplant
and i thought you know what i'm going to
run for Congress because i want to make
sure that people don't go broke in this
country because they have to decide
between health care for their families
or paying the bills and the last time i
checked these medical device folks were
also making huge profits and by the way
this ACA is going to probably allow for
more of these medical devices to be
approved because of this this insurance
01:13:15
mandate and you know with all due
respect to to the member who had his
constituent Kathy and I'm sorry for
Kathy that she lost her insurance what
insurance company is closing their doors
when we are mandating in this country
that everybody buys insurance they must
have a pretty bad business model there's
hardly any other product that we are
mandating that people buy why insurance
company would close their doors when
more poor people in this country are
going to have to buy insurance company I
don't know I just felt like I need to go
01:13:46
on the record to say once again we
should be angry and insurance companies
not at this law there once again trying
to hold people hostage and i just read
where CEO of one of these medical device
companies was making 25 million dollars
as a bonus at the end of the year so i'm
not feeling too bad for insurance
companies right now or medical device
companies i do want to listen to our
small businesses and i need to continue
to listen if there's places in this law
that we need to tweak and we need to
make better i will but let's direct our
01:14:17
anger where it is appropriate and that's
what these big insurance companies who
are still raking in huge amount of
profits and millions of dollars and and
leaving people like kathy to fend for
themselves thank you very much okay
thank you I mean we all know we can
agree to disagree and in many cases we
do but in you know in answer to a couple
of things I have a medical device
company in my district corbel and they
happen to make that device that makes
01:14:47
the bed go up and down and turns the
television on and off and calls the
nurse now that is a medical device and
the medical device tax will impact their
profits in a draconian way
two-point-three percent of revenue and
as dr. Aiken said a couple of weeks ago
a very successful company makes five
percent of revenue on the bottom line
that's how business works
two-point-three percent is taking away
half their profits therein is we know a
lot of startup medical device companies
01:15:18
that's where they come from they don't
make any money or they make a very small
amount so there are examples of very
successful medical device companies that
make ten percent of revenue on profit
but two-point-three percent is still
wiping out twenty-five percent of their
profit stock prices are based on a
multiple of your profit
that means the strikers and the great
batches and the other companies are
either going to have to see their stock
price plummet by twenty-five percent or
they're going to have to cut we're
01:15:50
already seeing the cuts we're already
seeing the layoffs in wishing it so
doesn't make it so and the idea that
insurance company we have a mandate here
the problem is what is a mandate you
must do something well that is not what
the ACA is because for $95 an individual
can beg off and for two thousand dollars
a company subject to the ACA can simply
deny coverage the young and the healthy
if they don't subsidize the sick and the
old I think there's every one that
understands it's the young and the
01:16:21
healthy paying into a system that
subsidize the old in the the frail all
of a sudden the penalties for the young
and the healthy not having insurance are
gone because when you think about it $95
is there penalty two thousand dollars
from the employer and there is no longer
a penalty for pre-existing conditions so
there were folks who got insurance
because they were afraid if they came
down with a a condition they could lose
their house they could lose this or that
01:16:51
there is no longer a penalty for
pre-existing conditions there's a $95
cost to get out and if the insurance is
fifteen thousand dollars I am afraid
only time will tell and mr. thorn hopes
this won't be the case you're going to
see the young and the healthy dropping
insurance like there's no tomorrow
because there's no roi so to speak I've
met with the American health insurance
providers organization they're already
seeing the young and the healthy dropped
their insurance because the cost is very
01:17:21
low the risk is no longer there and all
I can tell you is in my case I buy a new
car i get collision insurance in case i
wrecked the car now if you told me after
i wrecked the car i can sign up for
insurance i'm not going to get the
insurance until I wrecked my car and I
won't be buying collision insurance on
my new vehicle and there's a big
correlation with that in the ACA and
we'll be seeing how this plays out but
it's not as easy to use the example of
insurance companies making millions
01:17:53
I can assure you in western New York
that is absolutely not the case and I
can absolutely ensure tell you our CEOs
don't make 25 million dollars but again
we'll set that aside I want to thank the
witnesses for coming here today this is
certainly a controversial topic we're
going to see how this plays out this is
just one more step in getting four great
witnesses to give us input some of it we
agree on some of it we'll have to see
how it plays out the subcommittee will
01:18:25
continue to monitor the implementation
of this health care law and the impact
on small businesses I'm sure we'll have
some other hearings and following this
hearing I do plan to send a comment
letter to the Department of the Treasury
on the proposed rule they're in charge
of implementing the fee so with that I
ask unanimous consent that members have
five legislative days to submit
statements and supporting materials for
the record so without objection so
ordered this hearing is now adjourned
thank you