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Stop the BOTAX: How and Why

by Alexandra Collum, Breast Implants USA News
Tuesday, December 15th, 2009 - Culver City, CA

The U.S. Congress is proposing a law which could lead to Governmental interference in the patient-doctor relationship by requiring disclosure of private medical procedures for the stated purpose of taxing these procedures. The Government would take a role in determining “need,” taking a medical decision away from doctors an putting that important determination into the hands of a tax collection agency.

A broad coalition of health organizations are against this burdensome tax (see list below), and patients have asked for ways to express their disagreement with the proposal to Congress.

What can you do?

Call 1-877-221-8207 NOW to contact your members of congress!

THE SENATE IS MOVING EVEN CLOSER TO A CRUCIAL AND IMMINENT VOTE. SENATE MAJORITY LEADER REID PLEDGES A FINAL VOTE BEFORE CHRISTMAS. THUS, YOUR ACTION IS NEEDED NOW! THE STOP MEDICAL TAX COALITON COMPRISED OF 48 GROUPS SENT A LETTER TO THE SENATE THIS MORNING. THANK YOU FOR YOUR CONTINUED EFFORTS. EVEN IF YOU HAVE ALREADY TAKEN ACTION ON OUR HOTLINE WE URGE YOU TO CALL AGAIN.

Why you as the patient should care:

Discriminates Against Women and the Middle Class
Contrary to popular belief, cosmetic surgery is not an exclusive luxury of 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” taxes affecting a privileged few.

Violates Patient Privacy
Presumably enforcement of this provision will include IRS audits of medical practices to determine whether procedures were elective and/or cosmetic. To date, enforcement of whether these procedures are deductible medical expenses focuses on individuals and the burden of proof is on them. The proposed tax provision makes the physician a tax collector and holds him/her liable for the taxable amount. Therefore, the provision invites the IRS into the exam room, possibly violating HIPAA patient privacy to review personal medical records and determine whether a procedure meets the definition.

What this new tax does:
• Taxes the Middle-Class
• Discriminates Against Women
• Violates Patient Privacy
• Compromises Patient Safety
• Is Arbitrary and Difficult to Administer
• Has Failed State Experience – 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 original sponsor of the 2004 bill, is leading efforts to repeal the tax.

Things you can do!

Step 1: Please call our toll-free hotline at 1-877-221-8207 and urge your Senators to block this tax (you will be prompted to enter your zip code and then be directed to your Senators).
Step 2: Visit http://www.stopcosmetictax.org/.

Organizations that want your help:
American Academy of Cosmetic Surgery
American Academy of Dermatology Association
American Academy of Facial Plastic and Reconstructive Surgery
American Academy of Ophthalmology
American Academy of Otolaryngology-Head and Neck Surgery
American Association of Neurological Surgeons
American Association of Orthopaedic Surgeons
American College of Surgeons
American Society for Aesthetic Plastic Surgery
American Society for Dermatologic Surgery Association
American Society for Metabolic and Bariatric Surgery
American Society of Anesthesiologists
American Society of Cataract and Refractive Surgery
American Society of Cosmetic Laser Surgery
American Society of Hair Restoration Surgery
American Society of Liposuction Surgery
American Society of Ophthalmic Plastic and Reconstructive Surgery
American Society of Plastic Surgeons
Ambulatory Surgery Center Advocacy Committee
American Urological Association
California Society of Facial Plastic and Reconstructive Surgery
California Society of Plastic Surgeons
Connecticut Society of Plastic and Reconstructive Surgeons
Congress of Neurological Surgeons
Florida Academy of Facial Plastic Surgery
Florida Society of Plastic Surgeons
Iowa Society of Plastic Surgeons
Illinois Society of Plastic Surgeons
John Staige Davis Society of Plastic Surgeons
Massachusetts Society of Plastic and Reconstructive Surgeons
Maryland Society of Plastic Surgeons
Missouri Association of Plastic and Reconstructive Surgeons
National Capital Society of Plastic and Reconstructive Surgeons
North Carolina Society of Plastic Surgeons
New Jersey Society of Plastic Surgeons
New York State Society of Plastic Surgeons
New York Regional Society of Plastic and Reconstructive Surgeons
Ohio Valley Society of Plastic Surgeons
Oklahoma Society of Plastic Surgeons
Oregon Society of Plastic Surgeons
Robert Ivy Society (PA)
Texas Society of Plastic Surgeons
Texas Society of Facial Plastic and Reconstructive Surgery
The American Society of Breast Surgeons
Virginia Society of Plastic Surgeons
Washington Society of Plastic Surgeons
Wisconsin Society of Plastic Surgeons
West Virginia Society of Plastic Surgeons

Tuesday, December 15th, 2009 at 9:53 am
Filed under Doctor-Patient Relationship, Education, Health, Health Care, Safety.


As always, any medical decisions are best made between a patient and his or her surgeon. Consult with your surgeon before proceeding with any procedure!


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