CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Tuesday, March 18, 2003

"Fees" exposed as taxes


They would pay the state an additional $9.60 daily fee for most of their patients, and the state would parlay that into federal matching funds that would be poured back into the ailing industry.

The Romney administration's recent decision to keep that federal money for other uses, at least for three months, has shaken health care providers' confidence in this method of raising money during tough financial times....

Last year, the Legislature approved a plan requiring nursing homes to pay an additional $9.60 daily user fee for each non-Medicare patient, bringing in an estimated $145 million. The state would return most of this to the nursing homes, to cover the user fee for the state-supported Medicaid patients.

Associated Press
Mar. 18, 2003
Health providers skeptical of state schemes to raise federal money


Gov. Mitt Romney has already broken his "no new taxes" pledge, as far as Bristol County Register of Deeds J. Mark Treadup is concerned.

Starting today, Mr. Treadup's office and the 12 others like it in Massachusetts will begin charging sharply increased filing fees for documents, fees that will funnel hundreds of millions of dollars back into the state treasury and a relative trickle back to the registries....

But Mr. Treadup argues that the registries were already collecting far more money than they need to operate, and that hiking the fees is nothing more than a thinly disguised tax increase.

In his case, the registry office in New Bedford has an annual budget of about 14 percent of the $4.6 million it collected last calendar year from people filing documents....

Reasonable or not, the new fees will be a major source of revenue for the state, especially as long as the heavy traffic of refinancing continues. The state estimates the new fees, or taxes, will bring in $200 million a year. Mr. Treadup thinks that the number is closer to $600 million.

And he still thinks they are taxes.

New Bedford Standard Times
Mar. 17, 2003
Fee hikes just a 'tax,' register of deeds says


"Fees are legitimate to the extent that the services for which they are imposed are sufficiently particularized as to justify distribution of the costs among a limited group (the "users," or beneficiaries, of the services), rather than the general public." ...

"That revenue obtained from a particular charge is not used exclusively to meet expenses incurred in providing the service but is destined instead for a broader range of services or for a general fund, 'while not decisive, is of weight in indicating that the charge is a tax.'"

[Excerpts from SJC decision]
Emerson College v. City of Boston, 1984


Chip Ford's CLT Commentary

For those of us who have asserted that many of the recently-imposed new fees and fee increases were actually taxes in disguise, the actions of the Romney administration have eliminated any question.

A fee cannot be more than the cost of providing a service to the user: if it is, then it is a tax. There is no longer even a semblance of a relationship between many fees and alleged "users," nor the cost of providing a service and the amount of the fee imposed to provide it.

"Massachusetts' nursing homes thought they had a deal with the state last year.

"They would pay the state an additional $9.60 daily fee for most of their patients, and the state would parlay that into federal matching funds that would be poured back into the ailing industry."

The nursing homes never intended to "pay the state an additional $9.60 daily fee..." They made a deal with the devil to extract a $9.60 daily "user fee" from those elderly who were paying for their own nursing home care, passing the money along to the state and expecting to double it.

There was no further state service provided to those elderly who are paying for their own nursing home care; there certainly isn't "more" now. It was always a bogus excuse simply to raise revenue by any means ... on the most vulnerable.

But even if the state could make a straight-faced argument that there was some distant connection between paying for your own care and being provided some inconsequential service by the state, now the money isn't even going back to the nursing home!

The nursing home industry thought it was going to make a quick hit under the cover of government; it signed onto and promoted the tax on the sick and dying. For its treachery, it has been betrayed. And it now has the shameless audacity to cry foul!

"The track record of the state in living up to these commitments is what troubles the hospitals the most," railed one nursing home honcho. "Fool me once, shame on you. Fool me twice, shame on me," moaned another. Well, duh, where have they been all their lives?

Were it not for the independent elderly who have taken responsibility for their own care and are now being victimized, it would be funny.

Chip Ford


Associated Press
Tuesday, March 18, 2003

Health providers skeptical of state schemes
to raise federal money
By Jennifer Peter

Massachusetts' nursing homes thought they had a deal with the state last year.

They would pay the state an additional $9.60 daily fee for most of their patients, and the state would parlay that into federal matching funds that would be poured back into the ailing industry.

The Romney administration's recent decision to keep that federal money for other uses, at least for three months, has shaken health care providers' confidence in this method of raising money during tough financial times.

In the latest instance, Health and Human Services Secretary Ron Preston floated the idea of luring more federal money into the state's free care pool by charging the state's hospitals an additional assessment. The pool pays for health care for the uninsured.

"The track record of the state in living up to these commitments is what troubles the hospitals the most," said Dennis Keefe, acting chief executive officer of Cambridge Health Alliance. "Similar commitments were made to the nursing home industry and the commitment was not stuck to."

The federal government sends Massachusetts 50 cents for every dollar from the free-care pool that is sent to acute hospitals, or about $150 million to $160 million each year.

Most years, only $30 million of that is sent back into the free care-pool. During the past two fiscal years, the state increased that amount to about $75 million. But Gov. Mitt Romney has proposed reducing the amount back to $30 million for fiscal year 2004.

"Fool me once, shame on you. Fool me twice, shame on me," said Massachusetts Hospital Association President Ron Hollander, about the industry's resistance to a new assessment.

Last year, the Legislature approved a plan requiring nursing homes to pay an additional $9.60 daily user fee for each non-Medicare patient, bringing in an estimated $145 million. The state would return most of this to the nursing homes, to cover the user fee for the state-supported Medicaid patients. This expenditure would be matched by the federal government dollar-for-dollar.

"This plan was supposed to infuse the system with seriously needed money when the state was not able to make the investment itself," said Ernie Corrigan, spokesman for the Massachusetts Extended Care Federation. "The intent of the legislation was not to benefit the state or the general treasury. It was to make the an investment into the long-term health care system in the state."

Administration officials said the delay in reinvesting the federal money is part of an overall budget-balancing plan that required all health care providers to make sacrifices. They also emphasized that the plan had been delayed, not implemented.

"What we tried to was to ... allocate the shortfall in the most equitable and fair way possible," said Douglas Brown, acting commissioner of the Division of Medical Assistance. "While the nursing home industry is legitimately not happy about that, I can tell you that no provider group is happy about what the state has had to do. No one could have predicted the fiscal emergency we're in."

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New Bedford Standard Times
Monday, March 17, 2003

Fee hikes just a 'tax,' register of deeds says 
By Steve Urbon, Standard-Times senior correspondent

Gov. Mitt Romney has already broken his "no new taxes" pledge, as far as Bristol County Register of Deeds J. Mark Treadup is concerned.

Starting today, Mr. Treadup's office and the 12 others like it in Massachusetts will begin charging sharply increased filing fees for documents, fees that will funnel hundreds of millions of dollars back into the state treasury and a relative trickle back to the registries.

The governor signed the revenue-raiser into law last week, causing jubilation at certain registries that have been swamped with work during the current wave of mortgage refinancing. The Middlesex Registry of Deeds in Cambridge immediately announced it would use its share of the new money to extend its hours to accommodate the rush.

But Mr. Treadup argues that the registries were already collecting far more money than they need to operate, and that hiking the fees is nothing more than a thinly disguised tax increase.

In his case, the registry office in New Bedford has an annual budget of about 14 percent of the $4.6 million it collected last calendar year from people filing documents. While that doesn't include heat and electricity in the county-owned building, it still means that the registry is a very lucrative source of revenue for the state and the county. Mr. Treadup produced a set of quarterly checks to the county and state for tens of thousands of dollars each.

Gov. Romney has contended since the campaign that fees -- as opposed to taxes -- should be raised high enough to cover the cost of providing the specific services involved. "We must also reset fees that are out of line," he said in his State of the State address last month.

Yet the registry of deeds fees are disconnected from the registry's budget, which is set separately and funded by a line item far smaller than the money the system takes in.

For people buying homes or refinancing, next week's increases will be something of a shock.

The price for filing a deed, which is now $45, will leap to $125.

The cost of filing a mortgage will increase from the current $40 to $175. Since those who are refinancing must also file for a mortgage discharge on their old note, the have to pay another $75. The current discharge fee is $30.

It is the same down the line. A declaration of homestead, an affidavit that shields homeowners from creditors who might otherwise attempt to sell their homes out from under them, was $10. Starting today it will be $35.

The new fees for almost every category of filing include an existing $20 charge for the community preservation fund, through which towns can apply for matching funds for land preservation and low-income housing. They also include a new $5 fee for a technology fund that will finance improvements at the registries.

Even copying fees will increase.

Davis Howes, an attorney at Prescott, Bullard and McLeod of New Bedford, is a regular sight at the Registry of Deeds. As far as his firm is concerned, the new fees "are just a pass-through," although they might irritate clients writing checks at closings. Where the typical filing fees for a simple house purchase now cost the buyer $95, that will jump to $300.

Susan Borges, a title examiner, said she believes the fee system is especially unfair to people purchasing property that is partly registered land -- boundaries certified by the land court -- and recorded land, which is not. Such people will pay all of the fees twice, once in each category.

"The fees are reasonable now," she said.

Reasonable or not, the new fees will be a major source of revenue for the state, especially as long as the heavy traffic of refinancing continues. The state estimates the new fees, or taxes, will bring in $200 million a year. Mr. Treadup thinks that the number is closer to $600 million.

And he still thinks they are taxes.

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