Hi everyone, I have put together a mini study for you all so that the myths about the ACA mandating the RFID chip can be dispelled...it is my hope that if you do not believe me that you will go and check yourself and I have provided the links to both the ACA and the Reconciliation Act......
Here is the true information on RFIDs in the ACA…
When you look at the actual bill…which is really long but they have it
on PDF so you can search it with the “find” tool…you will not find RFID
anywhere in it you do however find under the words “medical devices” the
(d) MEDICAL DEVICE SALES.—For purposes of this section—
(1) IN GENERAL.—The term medical device sales means sales for use in the United States of any
medical device, other than the sales of a medical device that—A) has
been classified in class II under section 513 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360c) and is primarily sold to consumers at
retail for not more than $100 per unit, or (B) has been classified in
class I under such
here is the food and drugs definition of a class II device……..
21 U.S. Code § 360c - Classification of devices intended for human use
(B) Class II, Special Controls.— A device which cannot be classified as
a class I device because the general controls by themselves are
insufficient to provide reasonable assurance of the safety and
effectiveness of the device, and for which there is sufficient
information to establish special controls to provide such assurance,
including the promulgation of performance standards, postmarket
surveillance, patient registries, development and dissemination of
guidelines (including guidelines for the submission of clinical data in
premarket notification submissions in accordance with section 360 (k) of
this title), recommendations, and other appropriate actions as the
Secretary deems necessary to provide such assurance. For a device that
is purported or represented to be for a use in supporting or sustaining
human life, the Secretary shall examine and identify the special
controls, if any, that are necessary to provide adequate assurance of
safety and effectiveness and describe how such controls provide such
This WHOLE section is talking about the TAXES on
these item and in NO WAY is mandating anyone to get anything…….if you
want to check the ACA yourself here is the link to the actual law…..
Now in the Reconciliation Act it says RFID not one time and under “medical devices” it says the following…….
‘‘SEC. 4191. MEDICAL DEVICES.
‘‘(a) IN GENERAL.—There is hereby imposed on the sale of
any taxable medical device by the manufacturer, producer, or
importer a tax equal to 2.3 percent of the price for which so
‘‘(b) TAXABLE MEDICAL DEVICE.—For purposes of this section—
‘‘(1) IN GENERAL.—The term ‘taxable medical device’ means
any device (as defined in section 201(h) of the Federal Food,
Drug, and Cosmetic Act) intended for humans.
‘‘(2) EXEMPTIONS.—Such term shall not include—
H. R. 4872—37
‘‘(B) contact lenses,
‘‘(C) hearing aids, and
‘‘(D) any other medical device determined by the Secretary
to be of a type which is generally purchased by
the general public at retail for individual use.’’, and
(2) by inserting after the item relating to subchapter D
in the table of subchapters for such chapter the following new
‘‘SUBCHAPTER E. MEDICAL DEVICES’’.
(b) CERTAIN EXEMPTIONS NOT TO APPLY.—
(1) Section 4221(a) of the Internal Revenue Code of 1986
is amended by adding at the end the following new sentence:
‘‘In the case of the tax imposed by section 4191, paragraphs
(3), (4), (5), and (6) shall not apply.’’.
(2) Section 6416(b)(2) of such Code is amended by adding
at the end the following: ‘‘In the case of the tax imposed
by section 4191, subparagraphs (B), (C), (D), and (E) shall
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to sales after December 31, 2012.
(d) REPEAL OF SECTION 9009 OF THE PATIENT PROTECTION
AND AFFORDABLE CARE ACT.—Section 9009 of the Patient Protection
and Affordable Care Act, as amended by section 10904 of such
Act, is repealed effective as of the date of enactment of that Act.
As you can see it is talking about taxing medical devices. Again this
is on a PDF so you can use the “find” tool to find any word inside the
document. For those who do not know how to use the “find” tool all you
do is click “Ctrl” and “F” on your keyboard together at the same time.
Here is the link to this document….http://www.hhs.gov/healthcare/rights/law/reconciliation-law.pdf
RFID chips are only one example of a Class II implantable device.
What is a Class II medical device?
Class II devices have a higher potential to cause harm and require both
general and special controls, such as special labeling, mandatory
performance standards, and postmarket surveillance. These devices are
typically nonimplanted, although some are partially invasive. Examples
include x-ray machines, wheelchairs, infusion pumps, and surgical
Also, the original (HR 3200) bill did not mandate that
anyone must have anything implanted. the language was actually proposing
a national registry of medical devices and furthermore this language
was not included in the version (HR 3590) of the bill that actually
passed into law.
Mark Lerner, co-founder of the Constitutional
Alliance, researched the issue and provides this statement on his
findings regarding the matter;
I have been asked if RFID (chips)
implants are mandated as part of the Patient Protection and Affordable
Care Act (HR3590, Public Law 111-148) often referred to as “Obamacare”.
The answer is “No”.
An earlier version of the legislation (HR3200,
111th Congress) did allow for class II devices that are “implantable”
but that legislation never made it out of the House of Representatives.
Do not take my word for it; visit http://thomas.loc.gov/home/LegislativeData.php and select “advanced search”, then select 111th Congress (2009-2010) and enter the bill number HR3590.