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Congress votes to repeal health care reform provision
by Kent Hoover
Tuesday, April 5, 2011

Congress has voted to repeal a provision in President Barack Obama’s health care reform law that small businesses say would be a paperwork nightmare for filing 1099 forms with the IRS.

The U.S. Senate approved a bill Tuesday to repeal a health care reform provision that requires businesses to file a 1099 form with the Internal Revenue Service every time they spend more than $600 a year with another business.

By a 87-12 vote, the Senate passed legislation repealing the 1099 provision, which was included in health care reform as a way to help pay for that measure. Third-party reporting of income makes businesses less likely to try to hide income from the IRS, according to supporters of the provision.

Businesses already are required to file 1099s for payments of more than $600 to unincorporated service providers. The health care reform bill expanded this requirement in 2012 to goods as well as services, and applied it to all types of vendors. Small businesses contend this expansion would create a paperwork nightmare, forcing many of them to file hundreds of 1099 forms instead of just a few.

Senate passage of the bill, which previously cleared the House, sends the bill to President Barack Obama for his signature. The president supports repeal of the 1099 provision, but he doesn’t like how the bill makes up for the revenue that would be lost: It requires people who receive higher subsidies for health insurance than they should have to repay this money to the government. Obama, however, is expected to sign the bill.

The Senate defeated an amendment by Sen. Robert Menendez, D-N.J., that would rescind the bill’s subsidy repayment requirement if a study finds that would increase health insurance premiums or reduce coverage for small businesses.

“We all want 1099 repealed,” Menendez said.

But he said small businesses and their employees could be hurt by a “payback tax” from the subsidy repayment requirement.

Sen. Mike Johanns, R-Neb., said adopting Menendez’s amendment would force small businesses to wait for relief from the 1099 requirement. The House would also have to approve the Menendez amendment in order for the repeal bill to clear Congress.

“Let’s not vote for another alternative that’s just going to stall this out again,” Johanns said.

This is the seventh time that he’s presented a 1099 repeal bill to the Senate, he noted. Action is needed now because small businesses are feeling the pressure to change their accounting systems in order to comply with the 1099 requirement if it goes into effect next year, he said.

“Let’s vote to actually solve the problem,” Johanns said.

He also defended the subsidy repayment provision.

“Requiring people to pay back what they should not have received in the first place,” he said, is “good government, not bad policy.”

Most business groups supported 1099 repeal and opposed the Menendez amendment.

“Small business owners oppose anything less than complete, immediate and certain repeal,” read a letter to senators from the Small Business & Entrepreneurship Council.

“We applaud Congress for taking a positive first step toward removing the excessive cost burdens and uncertainties imposed on franchise small businesses as a result of the health care law,” said Steve Caldeira, president and CEO of the Internatioanl Franchise Association.

Small business owners are worried about the rising health care costs and the price of implementing new reform rules. Many Republicans in Congress, including House Speaker John Boehner of Butler County, are against the law and want to change or repeal it.

Regardless of what happens, there are many large companies that have a big stake in whether the law is repealed, changed or kept as was passed.

UnitedHealthcare parent UnitedHealth Group Inc. (NYSE: UNH) — which has a regional headquarters in West Chester that serves both Dayton and Cincinnati — and Anthem parent WellPoint Inc. (NYSE: WLP) are among those that have already started implementing some aspects of the reform.

Other large companies that could be affected include drug makers Johnson & Johnson (NYSE: JNJ), Pfizer Inc. (NYSE: PFE), GlaxoSmithKline (NYSE: GSK), AstraZeneca (NYSE: AZN), Merck & Company (NYSE: MRK) and Eli Lilly & Co. (NYSE: LLY), which is based in Indianapolis.

Both Bayer AG and Abbott Laboratories (NYSE: ABT) have operations in Ohio, while many of the drugmakers employ sales reps throughout the Dayton region.

Read it with links at Dayton Business Journal


 
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