The Viability of Using Reconciliation for Creating Tax Credits for Health Care

I spoke with the Senate parliamentarian last week about the Bryd-ability of putting tax credits on either of the two reconciliation bills.

In a nutshell, it is within the realm of possibility if a “rule of construction” is used to attach a plain English explanation of the law, which would have to be deemed “essential” because the tax credit for health care (assuming it could be used for premiums and/or an HSA deposit, based on the beneficiaries preference) since the provision would be de novo.

This would mean, if successful, HHS Sec. Price and/or Treasury Sec. Mnuchin would write the regulations to implement the law.

These regs, because of their lack of actual law behind them explaining how they work (other than the plain English explanation) could, in theory, be changed by a new “interpretation” of said plain English language by the next President, so it would be smart to codify them in actual law at some point post passage of reconciliation, presumably in the “replace” bill.

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