Volunteer firefighters may be getting an early present from some legislators regarding the question of whether fire companies with more than 50 volunteers will have to provide health insurance under the shared responsibility provision of the Patient Protection and Affordable Care Act (PPACA).
As we wrote in last week’s editorial, the Internal Revenue Service (IRS) has been given the job of policing the PPACA and, according to their policy, volunteer firefighters are employees of the organization they serve. That could make the volunteer fire company responsible for providing health insurance or have them face large fines targeted for employers who fail to do so.
Also mentioned last week was that it should be an easy fix for the IRS and the tax agency shouldn’t wait till the end of 2014 to issue a ruling. A simple ruling by the agency would keep the subject from becoming a political football.
During his confirmation hearing last week, John Koskinen, nominee to be the next IRS commissioner, promised that the requirements will quickly be addressed once he’s confirmed. But what will the final decision be after it’s finally addressed? Are the volunteers employees or not? Better yet, aren’t the people making the decisions today capable of making that one?
Senator Bob Casey (D-Pa.) was quoted as saying he believes “it’s critical that the IRS quickly clear up this confusion over the Affordable Car Act.”
Not taking any chances, and in another show of bi-partisanship, Sen. Pat Toomey (R-Pa.) announced last week that he and senators Mark Warner (D-Va.), Joe Manchin, (D-W. Va.), Susan Collins, (R-Maine), and Angus King, (I-Maine) support legislation that would amend the president’s health care law and ensure that volunteer firefighters and emergency responders are not counted as full-time equivalent employees under the employer mandate provision of the Affordable Care Act.
Rep. Lou Barletta (R-Pa.) introduced a similar bill to the House last week. It was Barletta who originally raised awareness of the potential adverse financial ramifications that the health care law could pose for volunteer firefighters.
They’re not waiting for the IRS to render a decision. Their legislation would make the decision for the taxing agency; and make it law.
It seems that everyone believes that the IRS will exclude the volunteers of volunteer fire companies from the shared responsibility provision. After all, it was just an oversight, right?
The International Association of Fire Chiefs offered their suggestion that would exclude volunteer fire companies from the shared responsibility provision for their volunteers.
The Toomey and Barletta legislation would do just that.
The volunteer firefighters wanted clarification from the IRS. What they will get could end up being an act of Congress.