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Medical Device Tax Proposal Repealed by Lawmakers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
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

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.

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. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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