Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Medical Device Tax Proposal Repealed by Lawmakers

Author: James F. McDonough

Date: January 28, 2015

Key Contacts

Back

The tides may be changing in regards to medical device tax in Obamacare…

On Jan. 7, a bipartisan group of lawmakers forecast the U.S. House of Representatives would finally succeed in its efforts to repeal the medical device tax component of Obamacare, after pushing this agenda for years.

New bill wins support of House

The latest legislation floated to repeal this provision, a bill that Rep. Erik Paulsen, R-Minn. introduced Jan. 6, has managed to secure the support of most of the House’s members, including Democrats, according to The Hill. This momentum has built up after Republicans contended for months that if they managed to win control of the legislature, eliminating this tax would be one of their primary objectives.
“Many of us were saying from the outset this is a very ill-conceived idea,” Paulsen stated during a news conference Jan. 7, the media outlet reported. “You’re going to have fewer start-ups, less ideas in the garage.”

Previous initiatives

The congressman, who just began his fourth term in Congress, has repeatedly proposed bills that would eliminate this provision, Washington Correspondent Brett Neely recently wrote in MPR News. While his legislation obtained the House’s approval twice since 2012, the initiative tasted defeat upon reaching the Senate.
However, the situation may prove different this time, as the bill failed to pass the Senate when the legislative body was controlled by Democrats, Neely emphasized. His latest bill commands the support of 257 members of the House, and the Democrats who support the initiative have indicated they are behind the measure because they want to benefit medical device companies in their districts.

“Repealing this tax has strong bipartisan support across the political spectrum,” he said at the conference Jan. 7, the author wrote. “We’ve been in the red zone before but now with new Senate leadership, we’re confident we can get it across the goal line.”

Tax revenue concerns

While Paulsen may be optimistic about the effort’s prospects, supporting lawmakers could run into trouble if they are unable to find methods of offsetting the revenue lost by eliminating the tax, according to The Hill. The provision currently generates close to $30 billion over the course of 10 years.

However, Paulsen has indicated he isn’t worried about that hurdle, and both he and Rep. Ron Kind, D-Wis. have predicted that members of the House and Senate – Democrat and Republican alike – will find a way to cover the lost revenue, the media outlet reported. Paulsen emphasized that the House has done that before, approving legislation in 2012 that would have recovered subsidy overpayments from Obamacare and used that to pay for the income shortfall.

In the event that the legislature can come to an agreement, a final hurdle remains. Currently, it is unclear whether Pres. Barack Obama would veto the proposal should it come to his desk. Obama has previously threatened to veto the medical device tax repeal, The Hill noted.

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Scarinci Hollenbeck, LLC, LLC

    Related Posts

    See all
    Does Your Homeowners Insurance Provide Adequate Coverage? post image

    Does Your Homeowners Insurance Provide Adequate Coverage?

    Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

    Author: Jesse M. Dimitro

    Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
    Understanding the Importance of a Non-Contingent Offer post image

    Understanding the Importance of a Non-Contingent Offer

    Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

    Author: Jesse M. Dimitro

    Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

    Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

    Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

    Author: Scarinci Hollenbeck, LLC

    Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
    Novation Agreement Process: Step-by-Step Guide for Businesses post image

    Novation Agreement Process: Step-by-Step Guide for Businesses

    Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

    Author: Dan Brecher

    Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
    What Is a Trade Secret? Key Elements and Legal Protections Explained post image

    What Is a Trade Secret? Key Elements and Legal Protections Explained

    What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

    Author: Ronald S. Bienstock

    Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
    What Is Title Insurance? Safeguarding Against Title Defects post image

    What Is Title Insurance? Safeguarding Against Title Defects

    If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

    Author: Patrick T. Conlon

    Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

    No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

    Sign up to get the latest from our attorneys!

    Explore What Matters Most to You.

    Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

    Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

    Medical Device Tax Proposal Repealed by Lawmakers

    Author: James F. McDonough

    The tides may be changing in regards to medical device tax in Obamacare…

    On Jan. 7, a bipartisan group of lawmakers forecast the U.S. House of Representatives would finally succeed in its efforts to repeal the medical device tax component of Obamacare, after pushing this agenda for years.

    New bill wins support of House

    The latest legislation floated to repeal this provision, a bill that Rep. Erik Paulsen, R-Minn. introduced Jan. 6, has managed to secure the support of most of the House’s members, including Democrats, according to The Hill. This momentum has built up after Republicans contended for months that if they managed to win control of the legislature, eliminating this tax would be one of their primary objectives.
    “Many of us were saying from the outset this is a very ill-conceived idea,” Paulsen stated during a news conference Jan. 7, the media outlet reported. “You’re going to have fewer start-ups, less ideas in the garage.”

    Previous initiatives

    The congressman, who just began his fourth term in Congress, has repeatedly proposed bills that would eliminate this provision, Washington Correspondent Brett Neely recently wrote in MPR News. While his legislation obtained the House’s approval twice since 2012, the initiative tasted defeat upon reaching the Senate.
    However, the situation may prove different this time, as the bill failed to pass the Senate when the legislative body was controlled by Democrats, Neely emphasized. His latest bill commands the support of 257 members of the House, and the Democrats who support the initiative have indicated they are behind the measure because they want to benefit medical device companies in their districts.

    “Repealing this tax has strong bipartisan support across the political spectrum,” he said at the conference Jan. 7, the author wrote. “We’ve been in the red zone before but now with new Senate leadership, we’re confident we can get it across the goal line.”

    Tax revenue concerns

    While Paulsen may be optimistic about the effort’s prospects, supporting lawmakers could run into trouble if they are unable to find methods of offsetting the revenue lost by eliminating the tax, according to The Hill. The provision currently generates close to $30 billion over the course of 10 years.

    However, Paulsen has indicated he isn’t worried about that hurdle, and both he and Rep. Ron Kind, D-Wis. have predicted that members of the House and Senate – Democrat and Republican alike – will find a way to cover the lost revenue, the media outlet reported. Paulsen emphasized that the House has done that before, approving legislation in 2012 that would have recovered subsidy overpayments from Obamacare and used that to pay for the income shortfall.

    In the event that the legislature can come to an agreement, a final hurdle remains. Currently, it is unclear whether Pres. Barack Obama would veto the proposal should it come to his desk. Obama has previously threatened to veto the medical device tax repeal, The Hill noted.

    Let`s get in touch!

    * The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

    Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

    Please select a category(s) below: