The fact is that the House bill contains criminal penalties for those who refuse to pay, but the Senate doesn't.
This and other issues will be debated in "conference," so it is up to congressmen to decide for or against possible jail time for this people.
FACTCHECK.ORG (Nov 13, 2009): Both House and Senate bills would levy a tax on persons who refuse to obtain coverage. Willfully evading that tax could result in jail time under the bill passed by the House – but not the bill approved by the Senate Finance Committee.
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In the Senate, the Finance Committee’s health care bill was amended to nullify the possibility of jail time for not paying the penalty tax. It stipulates that in the case of nonpayment, "such taxpayer shall not be subject to any criminal prosecution or penalty with respect to such failure." Instead, the Senate measure would allow the government to collect the tax by deducting it from any IRS tax-refund checks or other government payments. Should the full Senate approve that language,
a House-Senate conference committee would have to wrestle with the question of whether or not a person who refuses to obtain coverage and refuses to pay the penalty can be charged with criminal tax evasion.http://www.factcheck.org/2009/11/imprisoned-for-not-having-health-care/