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Does ObamaCare let FDA tax apps, tablets and smartphones?

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    Rep. Marsha Blackburn sounds off

  • Duration 3:28
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-- -- past ninety -- 6161.

Proposed federal regulations have been posted to the website regulations dot gov.

One possible role attached to the health care law could force you to pay more for your cell phone or tablet because.

It can be used as a medical device joining us now to explain that's one of the I'm trying to get the bottom of this.

Congresswoman Marsha Blackburn vice chair of the energy and commerce can thank you for coming in today anyway you RA.

This all about that because from what I understand is it there is -- National tax -- and health care law on things that are considered medical devices that and -- companies that make them how could my Smartphone.

-- -- medical device well this is what they're doing of course they're looking for anything that is meeting that they can regulate and then tax it.

And medical devices have a 2.3 percent tax that is written into obamacare well back in July 2011.

We -- some instruction from the FDI that -- -- looking at regulating.

Mobile.

Medical applications.

As a medical device and they're looking at anything it is attached to a current medical device.

That could be regulated or any of your portable mobile.

Applications -- -- use it for diet controller -- I want also throw that in the mix and cite this as a medical devices therefore weekend regulated therefore we can tax it.

And it is going to drive up the costs to consumers it'll drive up the cost of yourself fine.

I thought the whole idea bill of health care law -- to lower the cost of health care and to provide better access now that's what we were all told.

And that what they started out with and the reality are are very different things going after these mobile medical applications because.

You can look at what is happening in our hospitals I was reading an article in the national business journal on.

On Friday and -- you have the rate -- use.

-- -- devices for taking information and bad side.

From nurses are using together patient information it has gone from a thirty to a 45%.

Usage increase in the course of one year.

And that's the kind of thing that you're seeing whether it's collecting that data visual data.

How -- they are choosing to monitor and to tie -- it notes different situations.

They are using more often telemedicine concepts and they aren't using these mobile wireless devices.

And so we wrote.

Today FDA on Friday asking them to respond it's -- march 15.

As to what your intentions were going to be with this classification.

Applications.

Wine -- waiting to hear back it's a fresh -- let me just ask you very quickly if I was interest in the IRS is -- actually.

Sort of I signed it's taxing authority on this specific issue to the FDAX -- actually be the FDA my understanding is if they decide to -- these.

It's not embarrassed doing it it's that Food and Drug Administration that is correct because they have to have.

The FDA needs -- to regulating base we're going to do a hearing on this -- energy and commerce theories and I have draft legislation that is coming out which would be an express prohibition.

Prohibiting the FDA from getting and these mobile applications -- the health care medical device.

Congressman we will stand by for that hearing thank you very much for you cannot let us know your back from the FDA we well a --