AMERICAN ISSUES PROJECT

Baucus' Birth Tax

 

The plan offered for overhauling the American health-care system by Senator Max Baucus (D-MT) relies in part on revenues generated from a broad tax on FDA-regulated medical devices that Baucus predicts will generate $4 billion a year.  Unfortunately for Baucus, he didn't bother to check the definition of "medical device" before proposing a tax on them.  It turns out that such staples as tampons, Q-tips, condoms, and contact-lens solution qualify as Class I medical devices, which would have applied what Amanda Carpenter at the Washington Times called a "mommy tax" that would have hit women disproportionately.  Baucus quickly revised his proposal to exempt commercially-available products under $100 dollars and all Class I devices from the tax.

Still, mommies - and prospective mommies - have plenty to fear from Baucus' tax.  In perusing the FDA's list of medical devices, it contains over 2900 potential Class II and higher items on which to impose this excise tax.  More than a few relate to obstetrics, which will compound costs on the act of giving birth.  A few examples:

  • Fetal Doppler ultrasound
  • Fetal blood-sampling endoscope
  • Fetal acoustical holograph
  • Fetal cardiac and Doppler ultrasound monitors
  • Home fetal heart-rate monitor
  • Fetal cell sample kits

It doesn't end when the baby arrives, either.  Incubators will get taxed, as will perinatal monitors and neonatal phototherapy units.  Babies will get a good start on life as an American citizen by getting hit with taxes even before birth.  And if working moms want to raise their infants on breast milk, the powered breast pump will get taxed as well, as Carpenter notes.  For that matter, so do mammograms.

So should we call this the Mommy Tax?  Unfortunately, the list goes on and on, and it appears to impact seniors most of all.  For instance, dentures will get taxed, whether partials or full sets.  Prostheses of a wide variety qualify for the tax, including hip and knee replacements, commonly used by older Americans to improve mobility.  Pacemakers and their test equipment also qualify, as well as the unpleasant-sounding "mechanical/hydraulic incontinence device."

For those who think that taxes are more like pulling teeth, there's plenty in the list on which to chew.  Dental X-rays will get more expensive as the federal government takes a bite out of your teeth.  So will dental cement, amalgam for fillings, dental lasers, and dental surgical kits. 

There are plenty more examples, some obvious, some not.  Extended-wear contact lenses qualify for the tax, which perhaps most people would not immediately picture when it comes to "medical devices."  Powered wheelchairs will get taxed, as will heart valves and insulin pumps, which keep people alive and participating in society.

Some are more ridiculous simply because of the eventual victim of the tax.  For instance, just about everything associated with dialysis treatment will get taxed except for the saline solution used in the process.  Who pays the tax?  Dialysis centers and hospitals who buy the equipment and supplies, but they pass the cost to the eventual payer, which is ... Medicare.  Under rules established for decades, Medicare covers all end-stage renal disease (ESRD) treatment, especially dialysis and kidney transplants.  The federal government will essentially tax itself until a patient gets a transplant - and the transport container for the kidney will also carry Baucus' tax.

Instead of making health care more affordable, the Baucus plan raises the price on just about every part of treatment that goes farther than a routine checkup.  The price jump should enrage every consumer in the American medical system - but it won't.  Ironically, the very reason we have a cost problem in our system will also allow Baucus and his allies off the hook for making treatment more expensive.

The true problem in the American health-care system is a lack of pricing transparency to the consumer.  We don't pay the bills for our medical care; we pay premiums, but we don't pay the doctor or hospital directly except for artificially determined co-pays.  When the costs of providing the care go up, our insurers feel the pinch, and eventually that translates into higher premiums - but the connection between receiving goods and services and the pricing pressure doesn't exist.

When we pay more for contact lenses and breast pumps at the cash register, we will see the impact of the Baucus plan, but for the most part, providers pay these taxes directly and pass them on to the people who pay for our medical care.  We won't see the connection between these taxes and rising costs any more than we do with overuse today. 

Baucus proposes to solve the problem of rising health-care costs by forcing prices higher, and the problem of opacity in the pricing process by making it more opaque.  That's not a Mommy Tax, or a Seniors Tax, but a Birth Tax - or more appropriately, a Life Tax that starts at conception and doesn't expire until we do. 

 

Edward Morrissey's Bio
Ed Morrissey writes for Hot Air, where he also has a daily political talk show. Ed has written for the Washington Post, the New York Post, the New York Sun, and has made numerous television and radio appearances. He lives in Minnesota with his wife, son, and two granddaughters.

Comments

Cicero wrote re: Baucus' Birth Tax
on 10-08-2009 7:25 PM

It gets worse.  I checked the list, one of the items is: "Unit, Liquid-Oxygen, Portable".

We are going to be taxing Oxygen...

The dental aspect is what's going to hurt me the worse though.  I just want to say to Congress and President Obama: DON'T TAX MY TEETH!

I need 'em to chew my food.

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