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administration giving people 6 more weeks with us to talk about latest development. dr. gottlieb. and business law attorney seth. dr. scott, i start with you, this is an amazing story that president promises we can keep our health insurance coverage knowing that likelihood is 47% to 60% would close their coverage each year, millions of americans without coverage, he

promised us the opposite. what do you make of this? >> this is an irs bulle but -- - >> bottom line is that i think they were anticipating the people would lose their coverage, and move into the exchanges. these are most lo lucrative, i suspect they would move on to plans they would like more, we're finding right now options are worse than they should in costs and benefit design. >> we've seen people say, they see increased costs but administration reporting that young people, individuals will see costs on their policies of just $50 a month, i have to tell you, i have not seen that in talking with anybody on our show. what do you think of the back and forth, a give and take

between the white house and media on the topics? >> i think that it demonstrates that administration is not only not in control of what is going on, but they don't know the information, or they are really just holding some back. the bottom line is, that the structure of the affordable care act works if the young individuals, go in and provide a major funding mechanism within the infrastructure of the affordable care act, if they are not going to do that, then it is not going to work. have you that funding mechanism problem, and the waivers, and extensions that create a lot of confusion, not only does it continue to show there is a lot of delay but adds confusion on top of everything. >> i tell you, confusion. the other thing we're hearing tonight, is that there will be a 6 week extension to sign up for coverage, scott we talked about this in 6:00 hour.

you will be able to avid penalt -- avoid penalties, previously you had to sign up by mid february, but now administration said we'll delay it 6 weeks is that enough? >> probably not to get the web site right and give people enough time to enroll. i'm not sure how they are doing it, they are preenter prettying what is the law. they are say you have to have signed up for coverage by march 4.most people probably will be grateful, no one will challenge it. but it is curious how they came about this. >> senator john saying what about legislator can you make up this law on the fly i don't think so. is delaying the law legal, are all of the changes, the

tinkering at margins, date is march 31, march 1? is that legal, how much wiggle room does the administration have to rewrite the law they passed. >> there is a general legal principle that federal agency have authority to promulgate regulations that are reasonably related to in furtherance of the law, they can follow within that contour but they cannot change the law, for example a case in washington internal revenue service accused of creating a subsidy rule of that outside of the language of the law, the justice deputy, filed a motion to dismiss it the judge said, forget it, he is not granting that motion. and there are a number of these examples, where agencies are not acting within the confines of the affordable care act but they go outside of it, this is illegal, and exceeds their authority under federal law. >> but, who stops them? >> well, you are right, it is

epensive, and difficult to do that, there is a group of 7 plaintiff in dc federal court in washington. you are right, it is hard, time consuming and expensive. people are doing that, in this case with ruling on february 15, it could drop, a big part of funding mechanism out of obamacare. >> one more e-mail, sam,an president change the law without a congressional approval? there have you it again. dr. scott, people up set, they feel that the law is influx, and what congress signed off on their representatives voted for, whatever the administration wants to put into place is what they do your response? >> and businesses too, they need to figure out how to comply with the law, and insurers made a

good faith estimate. so that is putting a strain on a lot of people, consumers and businesses that are forced to play in these markets now. >> thank you so much for coming we'll see throughout the hour. we have more to come this hour, more questions from e-mails, and twitter and facebook, call in with your questions. we want to hear from you. ask me what it's like

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tempur-pedic. the most highly recommended bed in america. now sleep cooler with extra cooling comfort on our bestselling tempur-breeze beds. visit tempurpedic.com to learn more, and find a retailer near you. gerri: welcome to you both, we'll get right to the calls, mike from ohio calling with a question on obamacare, failing, what next? mike? >> yeah, i'm concerned, if obamacare does fail, how do we go back to a system that we had before or reset a whole another type of system. gerri: ed? >> i think we'll be able to come out of it.

okay. for most people. some large employers, they will go their own way on this. so, something people may be all right for a while. gerri: i want to follow up on this, i think this is interesting question, what do we do if the law fails, i mean reality, it is the law of the land, it may be doing poorly, may not be answering our needs, but unless we repeal the whole thing, i mean. >> that is the thing, easiest thing to repeal start over with a clean sheet, tough is to fix it while half there.

this is just a high-risk pool, for people outside of the exchanging, trouble is insurance costs now have gone up, we repriced cost of insurance in this country. to comply with the mandates and regulation that will be hard to undo, i think people are looking at higher insurance costs across the board. are not working for a large. er to provide coverage. gerri: back to the callers here, terry in texas with a question. your question. >> yes, participating insurance company, is there enough money in reserve to cover an influx of possible large claims, in january or is that part of obama funding? gerri: a great question, ed? >> no, insurers would base their -- remember that part of the insurance is regulate the by the states, states are concerned about it insurers would charge

premiums they think are sufficient to cover what they are expectation to have happen that is reviewed by state regulators, that is why in a number of cases, you have seen insurers back out of the exchanges, for example aetna backed out in maryland and california, and new york, reason is they were, proposing premiums to cover what they thought would be the risk, but those were too high for the pro obamacare regulators, in those states, they didn't like them, and so they wanted aetna to lower them, aetna said no, we're willing to try this, and maybe we get it wrong, and people don't buy or coverage but we're not losing money, they are well covered, ones that are at greatest risk are new co-op insurers, they are brand new, there is no market demand, they were created as part of a government program. gerri: okay, let's move on to, another question. this from liz from vermont.

came in as e-mail, she is talking about huge mess we've seen with web site, big problem with operations, if we contract it with firm cgi is it their responsible to deliver a final product? scott, talk this week we'll put czar in charge of this, we'll put a company in charge of fixing this. should cgi make good? >> right, they recontracted, keep in mine, cgi is not only contractor there are a lot, they singled out cgi, imnot too sure why. there were others with pivotal rolls, problem was not necessarily with the contractors, who were involved in pieces but problem of putting it together. other problem they got started very late.

i think they were pressed at the end because they started late. gerri: one more e-mail in. charlotte from iowa. how obamacare will affect seniors that receive social security now, my social security is not high, i'm afraid of it taking all my money to purchase obamacare. ed? >> well, she does not have to worry about having to buy anything, nothing changes in terms of that. the plans north about seniors -- plans are not about senior citizens that is medicare program, there will be some effects down the road but she does not have to worry about buying something. gerri: a ton of questions from people on medicare about how it impacts short-term ulong-term, a lot of concerns, we have more of your obamacare questions, next we big don' don't into our tax questions, call us 1-877-249-9626. we want to hear you from. it's as simple as this.

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gerri: welcome back to our special user guide to obamacare, you still have time to send in your question, 1-877-249-9626. back again with me to answer your tax related questions. rich, thank you for coming back after dinner. i appreciate that. we have a caller here wayne in north carolina. what is your question? >> two questions, when there is a discussion about total income for individuals, as far as

getting offset from government, is this ajumped gross income -- adjusted gross, my wife's premium is $ 304 for standard insurance policy, she 62, that amount next year is 778. we have income combined over for gross income for year 2013 over $100 thousand. most of which is associated with my retirement pension and consulting, my wife has a smaller income. and second question is, can we file separate but married in that having -- with low income? >> good question. the actual subsidy is based on married filing joint. if you are married you need to file jointly to get the credit or subsidy. in that case, you are starting with what they call modified

ajusted gross income, line 37. with add backs, nontaxable social security, taxes, interest and foreign earned income that was exclused. the question for purposes of credit, you need to file jointly but for penalty, it is not clear perhaps, married filing separate might be a way to reduce penalty if your spouse has less income relative to you. gerri: it is not clear? we don't know. >> yes, if you want credit you have to file joint. i have not seen it so clearly stated for purpose of penalty. gerri: all right. thank you, wayne. we appreciate your question. bob said, i would like to know what irs can do if i refuse to buy insurance, and refuse to pay the fine. >> a common question, the irs can only reduce your refund, they cannot take assets or

criminally prosecute. gerri: can they make my property? >> they can reduce your refund, if you don't have a refund coming. gerri: don't have a refund, my friends, that is where we're going. e-mail from fran. my husband has v.a. medical insurance, i am on workers comp, not gainfully. employed. similar to question before. >> similar. as i said, if it credit, you need to file joinly, if not the credit, i think there could be tax filing sep -- separate. you have to look at whether or not you lose other tax benefits from going from married filing join to married filing separate. gerri: this is why people hire,

count anes like you. if you work hard of the year and lose your job? >> this is a good one, you are supposed to estimate what income you are expecting to have, you apply for 2014, you estimate your income, your part time work, and any other unemployment income, annualize that. don't underestimate your income. they become back at you, you are going to true up at the time of your filing, you may owrec the we the government money different from a pen at see in than penalty. gerri: thank you, rich. coming up next, obamacare question and answer session continues with a look the impact on medicare. i know you top hear about this,

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gerri: for weeks we've been collecting your questions and concerns on obamacare, tonight, for the second time our panel of experts have answers, you still have time to get your question in give us a call, 1-877-249-9626. we want to hear from you. we're answers questions live. joining me now dr. scott gottlieb. and ed hathelmeyer. and paul howard, senior fellow at manhattan institute, john in pennsylvania. your question? >> i understanding is obamacare law allows subsidies for state

exchanges but not federal. only state. but they apply to both? >> right, the law said, state exchanges but it is expected to float bustate and federal, that is being litigated right now in court, for the time, subsidies on both. gerri: federal exchange, state exchange, you get the subsidies, does not matter you still get them either way. for bob in ohio with a question i believe medicare part b . caller: i'm a va, covered vietnam vet, my question is, do i need to take out medicare part a or not? gerri: scott? >> you could continue to be covered through the v.a. system, if you if through medicare system you may face higher out

of pocket costs officially. but have you more flexibility in terms of providers you can see. gerri: all right to terry in indiana. his question about future of obamacare. >> yes, good evening. i have been hearing about this law for this time, now a question no one has asked. what happens to people who refuse to buy obamacare, and refuse to pay the fine do they get put in prison or fema camps. gerri: ed? >> no, that was handled in the last segment on a tax question. if you don't buy the insurance, and don't pay fine, all that irs can do is deduct the fine from your refund. if you are owed a refund, if you don't have a refund, they will clock up the interest on it, so when they did get a refund they

will take it against that, but that is it. gerri: jim from virginia. >> i have a son in north carolina with his own business, they are all healthy young people, they refuse to buy it. now all people in the country, wello welfare, i know people deserve it, but there are a lot that don't on the system, that don't bridge anything t bridge g anything t to the table, they ae covered by obamacare, why is this not discrimination. >> if he has fewer than 50 employees he will not be penalized. gerri: i want to ask you a general question. we've been talking about the problem with the web site, and how it has hindered people who want to go on-line, and what happens in law fails, if they can't enaalable the law -- how

does this play out, the problems are substantial, now government saying we'll give you more time to sign up. >> i think that biggest story is that health plan have not got e into the market, white house is surprised by that, when the big insurers state out of the state exchanges, looking at the providers, they're not signing contracts with the obamacare health plans, people are not signing up, they know this is a bad marke market to provide cove through, you see fewer people enter the exchanges than was anticipated making coverage more expensive, and for the rest of us who are stuck in individual market are stuck buying small group coverage our costs are going up too, there not a good refuge, this is a one time repricing of insurance, bother rather than just addressing a narrow issue of providing

insurance to people who were unensured they had to mesa, mesa, round with everyone's coverage. >> a lot of people who are enrolls in quote en quotic changes are going to into mitigate program -- exchanges they are going into a medicaid program. 6e6. gerri: and what about people who are footing the bill for this? i have to tell you, taxes associated with obamacare, are astonishing, at individual level and business level. >> well, that is right, they are putting them on premium, top of the premium going up, part of the increase, they are taxing the premium on the theory that there is extra money there. so, yeah, we're you know, this is a division buyinged on income. you -- based on invom, you are come, there will be a pool of people

it looks like cost of medicaid and high-risk pool with a few insurers who offer a limited network of providers, and rest us will look for ways to evade the system yet we have to pay for it. >> they provide certain kinds of reinsurance to exchanges to offset the cost of coverage if it becomes too expensive. the money for that is from a tax on everyone else's coverage. gerri: scott, you have to go back tell us what you mean by reinsurance. >> certain provision in law to help offset size in premium in exchanges, if that pool of people, ends up sick arer than e anticipated, premiums should go up but they are subsidizing them more than what they anticipated. gerri: hear is what i hear you say, it is going to cost you more. >> it is going to cost you more.

gerri: well, we have to stop for right now, when we come back, these guys, scott, ed and paul will answer more questions, we have a lot. 1-877-249-9626. don't go away. ron: i'm never alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade. because i don't trade like everybody. i trade like me. that's why i'm with scottrade. announcer: ranked highest in investor satisfaction with self-directed services by j.d. power and associates. at od, whatever business you're in, that's the business we're in

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gerri: we have been collecting your questions and concerns about obamacare. you can still give us a call, you still have time to get your questions in. let's get right down to it. the panel is back with me. we have our first caller, deb from arkansas with a question about medicaid. >> caller: i wanted to know -- how do i sign up for obamacare

and i am totally confused. i draw social security insurance. gerri: okay, and are you on medicaid? >> no. >> okay, you're on social security and want to know how do i sign up for obamacare. >> she called the 800 number and 138% of the federal poverty line expander that point. gerri: health care.gov is a website you want to go to, you can get yourself in trouble if you go to the wrong place. it is not as easy as it sounds. it seems like someone that can use some assistance.

>> the website is not entirely clear, exactly where certain people will be. there is some question about whether or not those folks will get through to the exchanges or not at all. frankly, not enough people signed up for this. >> john? >> caller: the president said that they would have coverage and my brother and i both work -- or worked for, for a very large telecommunications company. and i asked why, and they said to me that because my brother

was in the union and the union new of the so-called loophole, they negotiated it in their contract and because i was a foreman, my son was not entitled for coverage to age 26. i don't understand that. gerri: that's a great question. >> that was probably prior to obamacare because they did this in the legislation so that all the students would be included on the policy. starting next year if they go to the exchange of those 25-year-olds, they will become their own unless they are dependent on their parents. gerri: we have an e-mail from

texas asking if obamacare is requiring doctors to enter a private conversation into a database. this reminds me of all the privacy questions that i keep hearing, people are really concerned that they are having to share their private and intimate details with people that they don't even know. >> the privacy concern is how poorly it was coordinated. >> again what you are talking about is when you go to the internet and you try to sign up with obamacare,. >> who is making sure that hackers can't get into the program where the people are going door-to-door in the people are qualified and not scandalous like they were. >> people need to be very careful with the navigators. they're trying to create this new category that includes a lot of fraud and that is what folks

have to be careful of. gerri: that every single detail of your private medical data will be out there and what we have heard this week in some of the testimony is that some of the information had been seen by the i.t. people that have access. >> they do have some of it and i am less concerned about the medical information getting out. the bigger issue here is identity theft and that is the real worry. it's not so much people with what your doctor wrote, it's the danger that you're going to have your identity soul because they don't have information and all sorts of other financial information and that is the

biggest threat. gerri: id theft and medical data, getting more and criminal markets in the medical data is a worth much more and that's a fact. let's take jack's e-mail from texas. and is there an enforcement mechanism in place. what do you think? >> mean, we have talked about the refund and the reality is a lot of people are facing these penalties and i think that it will be very weak enforcement and i don't think that many will go after this very hard. >> who knows what will be nice next coming from the administration on this. thank you and we appreciate your help.

gerri: coming up next on exactly how obamacare is impacting their practice and what it can mean for your doctors. stay with us next. bny mellon combines investment management & investment servicing, giving us unique insights which help us attract the industry's brightest minds who create powerful strategies for a country's investments which are used to build new schools to build more bright minds. invested in the world. bny mellon. but it sure feels that way. because with power ports...

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gerri: welcome back. you have heard our panel of experts live on air and we are continuing with that. (877)249-9626. we have two doctors with us, a liver and pancreatic surgeon and welcome to you both. it's great to have you both here. james from georgia, what is your question? >> my question is i do medical

billing and if you go through a lot of the claims, if you go to a hospital and everyone has like blue cross and blue shield, which undermine hats, there was a specialist, radiologist, all sorts of this and no one really understands it. gerri: what is your question? >> this is a great question. is obamacare address those issues when you do have to go out of network? >> i think what's going to happen is insurance companies,

we know not all of them are participating in the exchange, but those that do will provide those low and plans to care a lot by limiting the access only to our internet work with the plant and in addition to that, it's very unlikely that they will allow us to travel outside the major metropolitan areas. gerri: okay, we have a question from tom, who asks does anyone know how many doctors or hospitals will participate? >> there's no doubt the number will decrease with these new plans because of the reimbursement rates and they may not make it economically feasible for them. certain hospitals will opt out. there are enough and private doctors in private practice that will be greatly diminished and

the choice will be much less. gerri: so if i opt out of obamacare, do they still have to treat me? , doctor dimitri? >> yes, the law is very direct and it's always been like this and would continue to be like this. we will provide emergency care emergency care, and all other emergent conditions, but it doesn't relieve you from responsibility for the bills that will come to you later on. gerri: we have an e-mail from jim in virginia. our experimental procedures covered? >> most likely they are not covered, just as they are not covered under the present plans of most people have. you have to check on individual treatment with the insurance company and odds are that my

guess is they won't be covered. gerri: is it fair to say that decisions relating to my health care, i mumbled and you'd answer that some are influenced by the government. this gets very close to the idea that the government will decide how far health care can do and come much care i can get. >> i say that there's a lot of paranoia out there and no one is calling us and saying that you shouldn't do this or that. but i think that by limiting the access to care and the high-end hospitals, you are influenced by the government about health care because you just cannot get this gerri: a lot to answer that question but also one from fred. it's a lot of what we talk about when we talk about obamacare. he asked what will happen to the quality of care. we talk about the price of care and the bills and what about the

quality of care? >> there's no doubt that the quality of care will diminish because you have a greater number of people in the system and the waiting times may increase. he gives the financial constraints and a lot of doctors are going into concierge medicine, a lot of doctors will be able to see these patients and it will be a problem. gerri: are you making that choice? >> i am not going concierge, we accept many insurance plans but i don't know what will happen and we don't know what the reimbursements will be are you going to get paid for this. i mean -- >> the fact that it is happening, a lot of them have moved to high deductible plans.

>> let me get you in here. will you go high and? >> i provide cancer surgery service. gerri: it's great to hear from both of you. it is another view into this law that we don't always get, and we appreciate it. thank you. we will be right back. ot the "sp for rewards each quarter" card. it's the no-games, no-messing-'round, no-earning-limit-having, do-i-look-like-i'm-joking, turbo-boosting, heavyweight-champion- of-the-world cash back card. this is the quicksilver ca back card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every damn day.

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go national. go like a pro. this. gerri: thank you for your questions tonight, the phone lines lit up, we appreciate your cause. we weren't able to get to everything, something to put some of your questions on my website. gerriwillis.com. so if you miss any of tonight's

show or earlier call-in show and need more information, check it out and share it with friends and family. our doctors are back to wrap up the show. thank you for coming back. let's get to an e-mail from pennsylvania. it's at the heart of some of the issues we're talking about tonight. which costs taxpayers more? the amount of money we pay for uninsured people to go to the e.r. or subsidies that people will receive under obamacare. what he said that? >> this will cost 2.6 trying dollars over 10 years and that the current estimate my guess is that we will end up insuring no more than about 30 million people in the vast majority of those 30 million people will probably be on medicaid. so if you know about those costs over the $2.6 trillion, we could've afforded to give these folks more intense and what they're going to get and this is

exceedingly expensive. gerri: so if you had to great obamacare in the rollout of what you're seeing so far, what would you give it for a great? >> the rollout is clearly failed, but the bigger issue that this is a failed marketplace and the architects will say that the marketplace failed because you can't deliver health care, but in reality this will never be a successful market for these plans and this is a failure and i think a year from now we will be looking back and seeing that the marketplace never materialized. gerri: you say that the plan is a failure from the beginning and i think a lot of americans look at the way that we were told that we could keep our doctor and our insurance and we feel like we were just sold a load of goods. do you think the administration knew from the get-go that that probably wasn't likely? >> i think that they knew, certainly. and there is a problem that we needed to address the people are priced out of the market for health care conditions that

needed to buy coverage. we could've done up for a lot less money without disrupting the coverage of the many millions of americans haven't enjoyed. instead of targeting the money, we really ended up disrupting the entire system. gerri: what would be the one shortcut we could've taken that would've allowed us to have a program that works better? >> we could have created a high-risk pool, subsidizing folks priced out of the market because of their income in pre-existing health conditions. an incentive to get into the insurance market and stay there, the coverage can get dropped and they can't get re-rated, meaning that their premiums can't go up the. gerri: doctor scott, thank you for your time. >> thank you. the one that is ever "the willis report" tonight. have a great night and we will see you right back here

tomorrow. ♪ ♪ single micro- lou: today is historically important for president obama. his administration today appeared to accept responsibility for a mistake. white house press secretary jay carney today admitted obamacare will cause some americans to lose their current health care insurance. much more to come. i am lou dobbs. ♪ lou: good evening, everybody. the obama administration finally admitting that the president was wrong to claim that americans could keep their health care insurance if they so as to define obamacare. there admission comes as the white house is faced with