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You may be aware of the following Excise Tax on elective cosmetic medical procedures. Please review the following information and consider sending this to your senator. We strongly encourage your support!
Thank you,
The Caniglia Center
Senators of the 111th Congress:
http://www.senate.gov/general/contact_information/senators_cfm.cfm
Dear Senator______________:
As a constituent of yours from [City/town, State] and a facial plastic and
reconstructive surgeon, I write in strong opposition to Sec. 9017, Excise
Tax on Elective Cosmetic Medical Procedures included in the "Patient
Protection and Affordable Care Act." The imposition of this tax
discriminates against women and state experience has demonstrated that it
fails to achieve projected savings.
Discriminates Against Women
Contrary to popular belief, cosmetic surgery is no longer an exclusive
luxury afforded by the very wealthy. Eighty six percent (86%) of cosmetic
surgery patients are working women and this five percent tax discriminates
against these women. In the first research of its kind, conducted with
people planning to have cosmetic surgery within the next two years, 60% of
respondents reported a household income of $30,000-$90,000 a year. Most
importantly, 40% of the 60% reported income of $30,000-$60,000. Only 10% of
respondents reported household income over $90,000. These data clearly
refute the suggestion that elective surgery taxes are "luxury" or "sin"
taxes affecting a
privileged few.
State Experience Failure
Since New Jersey - the only state to adopt a tax on elective medical
procedures - passed a 6% tax on elective medical procedures in 2004, the NJ
Department of Taxation has experienced a 59% shortfall based on projected
revenue estimates. In fact, New Jersey Assemblyman Joseph Cryan, the sponsor
of the 2004 bill, is leading efforts to repeal the tax.
Arbitrary and Difficult to Administer
As evidenced with the recent experience in New Jersey, the line between
"cosmetic" and "reconstructive" surgery is not always clear and leaves the
determination of medical necessity up to state tax auditors-a completely
inappropriate proposition. This can be a potential auditing nightmare;
implementation of this subjectively imposed tax will require an inordinate
amount of time to interpret and administer with questionable return.
Physicians as Tax Collectors
This provision places physicians in the role of tax collector and holds
physicians liable should an individual fail or refuse to pay the tax. The
provision mandates implementation in only six weeks (1/1/2010), placing an
incredible burden on physician offices.
I oppose all taxes on physicians, in any and all forms, due to their
deleterious effects on health care costs and access to patient care.
Medical care should not be used as a tool to fix broken finances.
Thank you for your serious consideration of the issues I have raised in this
letter.
Sincerely,
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