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Does ObamaCare let FDA Tax Smartphones, Tablets and Apps?

obamacareEveryone remembers how Obama fought for the healthcare reforms back in 2011.  The nation stood behind him as he battled with the House of Representatives to ensure that people got they healthcare needed to sustain a generation and hopefully earn him another term. Well, he surely got the second term and everyone was happy about the fact that the healthcare reforms were finally here. Unfortunately, people were too impressed by the fact that an African American president was able to reform the country’s medical system that they forgot to actually read up on what is in store for them. Yes, this 2013 the nation will finally understand why some representatives were so adamant on tossing the bill out the window.

According to Marsha Blackburn who is the Tennessee 7th congressional district representative, under Obamacare every medical device manufacturers and importers must pay a 2.3% tax on the sale of a taxable medical device. That’s all well and good. I mean, not many people can say that they want to get a dialysis machine for their birthdays. But hold on for one minute. We’re not yet out of the woods. Further research showed the people in government something. Apparently, people download medical apps to their smartphones. Is there something wrong with that? There’s no foul in it but don’t the medical apps turn a smartphone into a medical device? There you go. That iPhone you hold in your hand deserves a 2.3% tax hike. Basically, the price of smartphones will increase so the government can add onto their salaries.

So how do they plan on doing this? We all know that taxation is the work of the IRS. However, in this case the IRS handed the authority to the FDA. Yes, the Food and Drug Administration. These people will now decide how much you are going to pay for any smartphone you choose to buy. This authority was given to them fully legally under the Federal Food, Drug and Cosmetic Act that defines a medical device as any instrument, apparatus, implement, machine, contrivance, implant, in vitro-reagent, or other similar or related article, including a component part, or accessory which is either intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease or intended to affects the structure of any function of the body of man or other animals, and which does not achieve its primary intended purposes through chemical action within or on the body.

By this respect then an app that measures how many calories you eat is not really a medical app but an app that clearly states that by doing such and such you can cure tinnitus is a medical app. Such apps are already up and running all over the app worlds. And what about the devices that they run on? Does that mean that they are only taxing apps or the devices? Well, the FD&C Act further states that any device that possesses medical software is a Class 1 medical device requiring premarket notification.

The take on this is quite problematic to those in the House of Representatives. Some people feel that it’s necessary due to the rising number of people who would much rather depend on their smartphones than go to the hospital for a diagnosis but does that give them the right to hike the price of the device itself? Well, it does. Under their legal guardianship we are obliged to obey. If we don’t like the taxing we could as well move to a country that doesn’t tax the apps.

Obama worked had to screw the mobile world over. Maybe you should forgo that Galaxy S4 this week. It’ll probably be more expensive than you had hoped thanks to Obamacare.

Via FoxNews

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