coming up, d-day for obamacare exchanges. states across the country are telling the white house thank you, but no thank you. the federal government's latest green project. we will have the details coming up tracy: governors across the country refusing to comply with tracy: obamacare. decision day states will let washington know if they will knowf they will set up their own health care exchanges or what the federal government will do in regards to doing it for them. herewith the latest, peter barnes, the fox business senior correspondent. >> more than that. we have the full screen. 18 plus washington dc said they will create they're around. 26 states will let the federa government run it for them. six states chose a partnership as a test run to see who works. one the most important pieces of obamacare the obama administration projected 23 million would get health care insurance through the exchange by 2016. tracy: more than half. chris christie said no from the beginning. south carolina, louisiana, wiscons in said no. we will

obamacare is forcing insurance rates. blue shield of california is hiking and three by 12 to 20% this month. it is certainly not alone. the ceo of aetna says we are going to see some markets go up as much as 100%. also a slew of other hidden fees passenger obamacare. with more, the ceo of vital spring technologies you're with us. i'm glad you're here with us. i don't think anybody really understands how much this is going to cost. >> you are very right. this is out of control. the cost of obamacare every week, continuing to soar. today's announcement by blue cross blue shield of california and aetna upgraded are great examples. premiums have gone up already. blue cross blue shield and others have no option to stay profitable unless they increase premiums. obamacare has basically changed the entire way that insurance works. they can no longer factor in how sick and individualist. they have to accept anyone with pre-existing conditions. what are they going to do? of course they are going to raise premiums because they have

gerri: obamacare really didn't do that. it seemed to have made some of the problems worse and not better. >> i think that's right. now it's there, we're stuck with it. we have to see what we can do. we do this in the investment community all the time. we say starting from today, regardless of what happened before, what would our portfolio look like today? the same with health care. we have to look back and say, how do we take with the whole system is and try to do something. >> the problem is destruction and health care. so much consolidation has been seen in the marketplace that will be hard to go back and market-based this program. gerri: thank you both for coming on. this is a fascinating conversation. it's great to have you on, happy holidays. >> merry christmas. gerri: more breaking news tonight. the house that to vote on speaker boehner's land transport. rich edson has more. >> these are the automatic spending cuts that are supposed to hit the economy in january. the total for next year is about $94 billion. the house

that is what the american public is getting the obamacare. what do you mean? >> there are so many hidden costs in the health care lot. we are not given the full information. your playing where the odds are stacked. you don't even know where the cards are. there is a new tax is going in the basically states that threshold will be allowable for medical deductions from income will grow from 7.5000 of the $10,000. for people who people who don't itemize them, they might say that's okay. rich people are going to get -- they're not going to have issues and we are not. well, that's not true. if you have a combined household income of $80,000 permit fee of $8000 in medical expenses. welcome to the new law will not allow you to deduct $2000 that you previously were allowed to deduct. if you're in the 25% tax bracket, it will cost you $500,000. gerri: that kind of deduction is used by people who are in deep financial debt with medical expenses. these are people who really need help. somehow they are going to have less hell. let's talk about this or tax on investment inc

some small business owners are blaming obamacare. blaming obamacare. one is here to with the spark cash card from capital one, sven gets great rewards for his small business! how does this thing work? oh, i like it! [ garth ] sven's small business earns 2% cash back on every purche, everday! woo-hoo!!! so that's ten security gators, right? put them on my spark card! why settle for less? testing hot tar... great sinesses deserve great rewards! [ male announcer ] the spark business card from capital one. choose unlimited rewards with 2% cash back or double miles on every purchase, every day! what's in your wallet? here's your invoice. >> greta: you will love this. random act of kindness caught on camera now a new york police officer becoming a national hero t photo snapped by a tourist has gone viral. nypd officer lawrence deprimo buying boots for a homeless man on a freezing cold night. he tells fox news he just wanted to help. >> what brought my attention to it at first was somebody was making finance of him they said you got know shoes and they were l

where we stand with obamacare? it seems as though the effort ti repeal it through the courts -- theeems as though it is -- >> there are a lot of robust effort. with a lot of christian organizations and it moves itswy way towards the system. at some point, the religiouseli, liberty issue will get the united states supreme court. not particularly in this case, the cases involving the roman catholic church.rch. we will have this decision eventually.tle lou: very quickly, has littl time left here.seventn >> okay. yes. lou: 17 states setting up these exchanges.o it's starting to look like a tremendous problem. >> it is a german this problem. i don't think it they will be able tmake their january 14, 2013, date. health care insurance premiums will be more expensive rather than less expensive. it usually means lower prices for consumers, but they're trying to do the opposite. lou: and has been a mess from the beginning. >> it absolutely has. it's only going to get worse. lou: thank you so much, peter johnson. the administ

. >> many small business owners saying they can't pay for obamacare. that is not the only thing about the health care law that has them worry. a las vegas business owner here to tell you about another problem. it may turn out to be your problem. >> plus, he's back! who could forget the drunk guy singing bohemian rhapsody in a police car. you don't want to miss this. ♪ ♪ this holiday, share everything. share "not even close." share "you owe me..." share "just right." the share everything plan. sharable data across 10 devices with unlimited talk and text. get a droid razr m by motorola for $49.99. ♪ music kids will spend 22 minutes watching us, the super duper party troopers, sing about ants in their pants. brushing for two minutes now, can save your child from severe tooth pain later. two minutes twice a day. they have the time. >> greta: what is the big secret about the fiscal cliff? senator jeff sessions blasting president obama and congressional leaders for holding secret talks. he joins us. what do you moon by secret? >> these talks are -- the

if you read the affordable care act, many of the onerous mandates about obamacare were exempted. they looking out -- lou: republicans looking out for more people. your ground operation could have been exemplary too. you don't see that as fair and equitable? >> no, shame on the republican party for not doing this in washington dc. we did our part. we challenged on constitutional grounds. unfortunately we didn't quite get it off the. lou: more lawsuits to come. great to have you with us. attorney geneal alan wilson from south carolina. thank you for being with us. breitbart and americans for limited government, which reveals that americans are putting a 5 million-dollar bill for the salaries of 35 unit officials who are at the department of transportation. eight of the union bosses on the taxpayer payroll of the department of transportation made more than $170,000 per year. only three of them make under $100,000 per year. the average taxpay funded union boss salary is 138 grand per year. not bad. federal workers may have a better ellery and benefits and more vacation days than the

he voted for obamacare, to uphold it as constitutional and he said it was a tax. not a fee. >> well, it needs more clarification. >> south carolina senator jim demint, who is resigning his senate seat and becoming the president of the heritage foundation, which in effect is an admission that the tea party forces where he was their mentor and benefactor, that they are a spent force in the senate at least. >> what kind of a salary does that job have? >> a million plus with a little financial incentive. >> a million bucks a year. >> that has nothing to do with him going over there, though? >> i think it has something to do with it. >> i would say the abandonment by this administration of a 30-year ally. namely, mubarak in egypt in such a way that it lost and undermine the confidence of the entire arab world in the loyalty and credibility of america as an ally. >> i put morsy in there. >> i did. >> it goes to president obama from the marijuana growers in california because he promised he was going to back off of marijuana prosecutions in states where medicinal marijua

stuart: why is this requirement in obamacare? what has the killer accountant to do with my health care delivery system? >> this might be an attempt to preventive medicine. stuart: that's your rationale? that's all you have to say? >> a drop in the bucket to what you're asking me to put myself in the obama administration shoes. >> this is what makes my head off like a bottle rocket. we should be focusing on the fontana of the structure, not nanny state junk forcing restaurant chains to post calories. stuart: that's the best answer. i had been in restaurants where the calories in each dish is noted. i have altered what i order based on the calorie count. i found a useful. stuart: the information about the to being fattening given to you by the government? stuart: and just trying to raise some mild objections. let me escape. that includes private practice doctors. after the break, a chiropractor and return this staff and stops taking any insurance all because of obamacare. it's a new day. if you're a man with low testosterone, you s

are you happy with obamacare? most would say no, but in the end the choice was between a president who said things aren't great, but i'm still going to try to make them better and a guy he painted as not having a plan and not identifying with the average wants and needs of middle class americans and in the end, people decided to stick with the devil they knew rather than the one they didn't. >> paul: so the election, the republican defeat was big, but it wasn't overwhelming in a sense of repudiation, kim, as far as a republican platform and their agenda? >> no, i think the reason, look, this country had the opportunity in this election to once again hand completely controlled government to democrats. everyone in the house was up for reelection and yet, they continued to give republicans, majority there. they liked divided government and i think you've got to look to the number of states that have elected very conservative governors who are doing the exact opposite of what barack obama is doing at the federal level

that's a going to allow them to collect all of that obamacare revenues. and this is just one step away from mileage tax, i'm sure you're going to see it if this goes through. >> jonas, this could lead to sar vehicles, we saw that with toyota and the black box helped them. >> it helps them determine if the people pretending they lost control of the car, in fact, could lower your insurance costs and a lot of people get in accidents and pretend like they're not speeding like the governor of new jersey-- former governor. your car has one of these in all likelihood unless you hav a juer. i think 90% of new cars or something, and you almost need the government to kind of mandate the standards of what is collected so specific compmpanies don't do what they want to do with the black box andollow some sort of rules. i'm not with technology in cars and as long as they don't give you speeding tickets automatilly when there are no cops around. >> and wait a minute. >> with the technology. >> wait a minute, todd, there's no transparency, no rules, no privacy, guarante

these tacks are written in obamacare. and if taxes do i- deed go up on the top two brackets as a result of the fiscal cliff, that will be on top of the obamacare taxes. >> is there any way for us, the nation, to police the earnings or profits are insurance company under obamacare? there are all of these extra, they get the extra deals. now the insurance companies get the extra deals because they have lobbyists and probably sent them over to the white house and capitol hill and they got the $25 billion that the extra americans don't get, the special deal. how do we know we aren't getting totally scammed by the insurance companies? >> the insurance companies obviously a lot of them wanted obamacare because they sell a product. >> risk. they sell risk. >> and the law -- >> or buy risk. >> and the leforss all ever us to buy their product. if we don't have enough money to buy their product, the law gives taxpayer paid subsidies to buy their product. what's not to like for them? they are private companies but they do financial

that is one of the groups paying for obamacare. right now, if your medical bill, out-of-pocket medical bills are over 7.5% percent of your income -- and it's mostly low-income people -- the average person that gets hit by this makes $50,000 a year, you can deduct that from your taxable income when you pay taxes spirit saves a lot of money for a lot of taxpayers. obama is taking that to 10%, which means billion millions of americans who are sick and have extraordinary health care bills are being taxed by obamacare. it is a hidden tax. nobody saw this tax until january 1, coming up. if obama did not run eds saying i'm going to tax six people to pay for my program. yet that is what is hitting on january 1. add to that if you are missing a leg and need a prosthetic device, obama has a tax on that. if you need a pacemaker or extent, there's a tax on that. all medical devices are being hit with an across-the-board tax that is supposed to reduce the cost of health care. it raises the cost. taxing middle-income very ill people with serious

we don't like the obamacare. the senator who is so wanted to equalize this and make this fair, they decide they want special treatment for for the medical devices, but they are happy to have taxes go up in other areas because some of the people whose medicare taxes are going up, they don't have the lobbyists. but these senators have been lobbied. >> if they really believe that letter that they wrote, we passed a bill that repealed this tax, in the house, it's on their doorstep. all they have to do is take up the bill. if these 17 senators voted for it -- i am guessing most of the republicans would -- >> greta: they have to get harry reid. i realize you kor sponsored that. i don't like that idea. i don't like the idea that the bill is passed and the special interests are pouring all over washington to get a special deal. and the regular joe with a small business doesn't have a lobbyist to say, okay, we want that special deal on the obamacare. this is patently unfair, every american who is part of the medical devic

three new proposed regulation for obamacare assigned 30 days and will get 24. with the comment period set to end in the week between christmas and new year's. one of the regulation runs more than 400 pages. regulatory experts say it creates nearly impossible task. fully vetting the proposal and submitting in-depth comment by the deadline. >> very few people are aware that the regulatory process allows for public to comment. because of that, a lot of the agencies work in secret. >> americans for limited government sent letters to the administration asking why it's flagrantly ignoring the appropriate comment period. expressing concern about the large number of new regulatory actions that are being undertaken by the administration since the november election. the department of health and human services tells us "governors, insurers an other partners encourage us to finance roles as soon as possible and we will continue to work with them as we imple innocent the law." under congressional review act they can overrule regulation but only after passing a resolution th

if you read the affordable care act, many of the onerous mandates about obamacare were exempted. they looking out -- lou: republicans looking out for more people. your ground operation could have been exemplary too. you don't see that as fair and equitable? >> no, shame on the republican party for not doing this in washington dc. we did our part. we challenged on constitutional grounds. unfortunately we didn't quite get it off the. lou: more lawsuits to come. great to have you with us. attorney general alan wilson from south carolina. thank you for being with us. breitbart and americans for limited government, which reveals that americans are putting a 5 million-dollar bill for the salaries of 35 unit officials who are at the department of transportation. eight of the union bosses on the taxpayer payroll of the department of transportation made more than $170,000 per year. only three of them make under $100,000 per year. the average taxpayer funded union boss salary is 138 grand per year. not bad. federal workers may have a better elly and benefits and more vacation days than the

and we're going to be living through four years of the obamacare -- trillion dollars of obamacare taxes coming this next decade, all of the regulations that the epa and others have been hiding until after the election. $150 billion of those starting to bite before the year ends now, after the election but before the year ends, massive regulatory burden hitting. we need to not do more damage to the economy and raising the capital gains tax has always hurt the economy, raising the dividend tax is going to be very bad for the economy. raising the taxes on subchapter "s" corporations is going to be damaging to the economy. we need to stop obama from doing more damage to the economy and that means not letting him raise those taxes. >> i do agree, the capital gains and dividend taxes probably have a much bigger impact than the ordinary income tax increase. because that will put a limit to the amount of stock people buy and investments that they make. so i am -- i am with you there, but what about the president saying, look, i have a mandate, okay? i was elected. >> well, of course, the presid

that's why i want them to read obamacare. as i did. and see what you are doing to the poor and the downtrodden in america. the president still went around saying, if you are making this, you are not going to have any extra tax. wrong. read your own bill. speaker pelosi said, we'll find out -- we'll pass the bill and find out what's in it. they still don't know what's in it. that's why somebody's got to stand up and tell them. what's in this bill is taxes on people that cannot afford it. if they cannot afford thousands of dollars for a health insurance policy, they are not going to be able to afford $1,030 in extra income tax that our president and all the democrats passed without a single republican vote, they are not going to be able to afford that. i guess that's why obamacare is going to provide for an additional 17,000 or so i.r.s. agents. because these poor family of six , making 133% of the poverty level, you are probably going to have to chase those two adults down in that family of six and get blood from a turnip because they d

three new proposed regulation for obamacare assigned 30 days and will get 24. with the comment period set to end in the week between christmas and new year's. one of the regulation runs more than 400 pages. regulatory experts say it creates nearly impossible task. fully vetting the proposal and submitting in-depth comment by the deadline. >> very few people are aware that the regulatory process allows for public to comment. because of that, a lot of the agencies work in secret. >> americans for limited government sent letters to the administration asking why it's flagrantly ignoring the appropriate comment period. expressing concern about the large number of new regulatory actions that are being undertaken by the administration since the november election. the department of health and human services tells us "governors, insurers an other partners encourage us to finance roles as soon as possible and we will continue to work with them as we imple innocent the law." under congressional review act they can overrule regulation but only after passing a resolution th

all to pay for obamacare. and joining us now art laffer, former reagan economic advisor and the best looking 72-year-old i have ever seen. [laughter] thank you, thank you very much, stuart. stuart: now, look, these obamacare taxes, these are totally separate from the fiscal cliff debate. these are taxes which are going it take effect no matter what. and here they come. you can see it. 320 billion over ten years. and you think that's going to have an impact on the economy? >> of course it is. it is-- well it's not the same as extending the bush tax cuts. it's part of the fiscal cliff, because just like all of these other things, stuart, people are trying to move income out of 2013, into 2012, which makes this year look a little bit better than it should, but what it means is that when we hit january 1st, 2013, the economy's going to collapse as far as i can tell. stuart: whoa, whoa, collapse is a strong word, art. >> collapse as low as we are, i agree. stuart: now, the obamacare tax change is a change in the ta

that is when he was talking about obamacare. raising money for that. >> he also said that raising taxes on the top 2 is going to hurt the economy. we raise taxes whether you are limiting deductions or you are raising taxes on the wealthy, the wealthy are the prime givers. of philanthropy. the numbers are huge of giving. so you are going to do that no matter what. it's interesting that he is starting now to parse the, like the deductions that you do on a cap and deductions you don't want to cap. suggesting possibly he is willing to talk about this a bit. but i go back, i agree and i think where charles was going. i think he is willing not to have an agreement on january 1. the whole thing collapse and come back with a stronger negotiating -- feeling like he is in a stronger negotiating position. i don't think it's leakily but possible -- likely but it's possible. >> bret: knowing what you know what is capable for the federal government to do, to withhold some of the bad things that could happen, what is the market do, what does t

is somehow obamacare just giving companies an excuse to be greedy? >> well it is certainly giving them the opportunity to engage in fiscal management that most of us in most businesses are unable to do. look, monica raises fair points which i think ultimately require in any budget deal we look hard at obamacare and we look hard at the fees and charges that insurance companies and doctors are going to be able to charge under obamacare. i think this is a clear reason, a clear call to action to have a grand bargain but also put obamacare into the deal. alisyn: monica, obviously this isn't the first surprise, sort of fee or tax or cost that we've now heard of, even this week, connected to obamacare. we heard about the medical device company tax that will be kicking in. we heard about the $63 per head tax to help cover people with preexisting conditions. it is hard not to feel a little hoodwinked by some of this stuff. was all of this in the original 1,000 page document or are these cropping up now? >> remember, ali, nancy pelosi whos with the house speak

we don't have that today or under obamacare. if you should own your own insurance and be able to to get with you from job to job the employ your system is a timetable cannot be the system? stila i believe in free markets and letting employees choose whatever they want to do. but let's have a level playing field. right now the law in every state except possible for the insurance to to pay for the next job. we need to abolish those in turn everything around and encourage affordable insurance. estimate what is the argument in favor

that is one of the groups paying for obamacare. right now, if your medical bill, out-of-pocket medical bills are over 7.5% percent of your income -- and it's mostly low-income people -- the average person that gets hit by this makes $50,000 a year, you can deduct that from your taxable income when you pay taxes spirit saves a lot of money for a lot of taxpayers. obama is taking that to 10%, which means billion millions of americans who are sick and have extraordinary health care bills are being taxed by obamacare. it is a hidden tax. nobody saw this tax until january 1, coming up. obama did not run ads saying i'm going to tax sick people to pay for my program. yet that is what is hitting on january 1. add to that if you are missing a leg and need a prosthetic device, obama has a tax on that. if you need a pacemaker or a stent, there's a tax on that. all medical devices are being hit with an across-the-board tax that is supposed to reduce the cost of health care. it raises the cost. taxing middle-income very ill people with serious

rick: including obamacare? >> i think that if the republicans and president has said this repeatedly, if they can bring ideas to the table that will improve obamacare he will be open to it. so i think you will see everything on the table next year. but i think i want to be clear he is not backing away from the health care reform that he pushed so hard for because the old system wasn't working. we need a better health care system. remember, this year the past year, we've seen a decline in premiums, in health chaos cost we have not seen for a long time. there is some evidence this is working but certainly congress will be coming back every year making tweaks and making it better as we go along. rick: simon rosenberg, brad blakeman. thank you both. we'll speak with republican tennessee governor bill has lam. he is one of the 21 governors backing out of the health care exchanges. he says his decision is not motivated by politics. he will tell us why he made the call when he joins us live at 12:45 eastern. jenna: si

they had some caveats, but they stepped out early for obamacare. so the issue becomes does the american taxpayer subsidize wal-mart at this point and are they the victim of what the president and the congress has done in perpetuating obamacare? >> steve: it will be interesting because wal-mart is a smart company. are they just doing what makes sense for the bottom line? >> it's a great company. the problem with obamacare is that it creates these incentives not to provide insurance. that is the fault, that is the defect inherent in the plan. and in my view, the idea to drive corporate america, drive americans into the arms of government and say, we will be your big daddy. we will provide the medicaid. taxes will fund this coverage. wal-mart and these other companies are doing what's economic. they're doing what affects the bottom line. i'm sure, though, because i've seen a real transformation in wal-mart, they are going to be doing what's responsible for the employees, tempered by obamacare. they're coming up, from what i've read, with kind of a pro

first of all, by requiring insurance companies to accept people with preexisting conditions obamacare strikes a major blow against rationing by health condition. i don't think it is possible to overstate the significance of this because it is telling insurance companies they have to fundamentally change the way they do business. their job is to cover sick people as well as healthy ones and that is a very big change for the american insurance industry. requiring everyone to buy health insurance or pay a fine, the individual mandate is not exactly a right. more of an obligation. but offering federal subsidies to people who otherwise couldn't afford the insurance those some way toward alleviating rationing of coverage by ability to pay. the law will also reduce rationing on the basis of gender, which i will talk more about a while. there are many important provisions in the act that will tilt the balance toward more preventive care and greater access to primary care. there are also many ways that things will remain the same. the affordable care act as i said earlier does not create unive

we saw one example of this with obamacare when they were lobbying very hard to pass obamacare. but like you have said that was not necessarily in their members best interest. how come? >> well, 93% of the their members didn't want it and they did it anyway because it was money. so it is not about the members. look, we have 70 pages of e-mails on generation america.org. if you go there look at it in their own words and see what their ties are. they are not nonpartisan. they are in bed with this administration. that bothers me personally, just as a senior citizen. i do represent another group but we're conservative group. we're not nonpartisan. we're conservative. so we tell you who we are and what we stand for. the other thing is, i mean they terrorize ben nelson, who was the 60th vote and it shows up in these e-mails as part what you were talking about before. this is nothing new. melissa: what do you mean they terrorized him? whht did they do? >> they robocalled in his state and lobbied for his vote for that 60th vote to put obamacare across. that is really turned whole thing.

lou: obamacare, guarantees taxes are going up. 5 new obam obamacare-based taxeo kick in next year. a 3.8% surtax on unearned income, and call chains and dividend 18.8%, and a new tax on hospital care, and medical device manufacturersing' taxed 2.3% of the price of their products. americans get a tax deduction if their medical expenses exceed 7.5% of their total income that number rising to 10% for everyone under the age of 65. and government, for first time ever sending a limit on tax free flexible spending accounts, joint committee tax, estimates those 5 new provisions amount to $2 60 billion tax hike over next 7 years, president obama, avoid anything real negotiating on fiscal cliff issue, president doubles the amount of tax hikes he campaigned on when he unveiled his initial proposal, then after weeks of negotiating with proxies in media, most recent offer cuts that number to $1.4 trillions. house speaker boehner told his caucus, both sides are not close on a deal to avoid the cliff, minority leader nancy pelosi ripping republican leadership from house floor in what can be descr

lot of taxes associated with obamacare. you mentioned the medic device issue, a lot of these companies, by the way, medical device companies have been laying off workers right now. and that is, if this impacts, by the way, everyone, takes away from research and development, which will take away from life saving innovation and it's just, again, the very tip of the iceberg. ultimately, there's going to be a whole lot of taxes that just opens the gate for. this is just the beginning. >> ben, even if u look at action taken by the medical device makers, there's already damage that's been done by the tax increases built into this health ce law, has it got? >> well, the damage is built in, but on the other hand good built into, too. there are people who are very poor who won't be able to get health insurance and not ry, between medicaid and middle class and we'll be able to get health insurance, or some, ovell, obviously, i don't like the bill. i don't think any sensible person would like the obamacare bill. but x increases are a