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1 lawhawk  Thu, Apr 25, 2013 10:31:28am

Not exactly true. In fact, not true at all.

Based on conversations I’ve had with a number of the staffs involved in these talks, the actual issue here is far less interesting, and far less explosive, than an exemption. Rather, a Republican amendment meant to embarrass Democrats and a too-clever-by-half Democratic response has possibly created a problem in which the federal government can’t make its normal contribution to the insurance premiums of congressional staffers.
Maybe.

See? This is getting boring already.

Here’s how it happened: Back during the Affordable Care Act negotiations, Sen. Chuck Grassley (R-Iowa) proposed an amendment forcing all members of Congress and all of their staffs to enter the exchanges. The purpose of the amendment was to embarrass the Democrats. But in a bit of jujitsu of which they were inordinately proud, Democrats instead embraced the amendment and added it to the law. Here’s the relevant text:

The only health plans that the Federal Government may make available to Members of Congress and congressional staff with respect to their service as a Member of Congress or congressional staff shall be health plans that are — (I) created under this Act (or an amendment made by this Act); or (II) offered through an Exchange established under this Act (or an amendment made by this Act).

Let’s stop for a moment here and explain why this is unusual. Large employers — defined in the law as employers with more than 100 employees — aren’t allowed onto the insurance exchanges until 2017, and only then if a state makes an affirmative decision to let them in.
But the federal government is the largest employer in the country. So Grassley’s amendment means that the largest employer in the country is required to put some of its employees — the ones working for Congress — on the exchanges. But the exchanges don’t have any procedures for handling premium contributions for large employers.

That’s where the problem comes in. This was an offhand amendment that was supposed to be rejected. It’s not clear that the federal government has the authority to pay for congressional staffers on the exchanges, the way it pays for them now in the federal benefits program. That could lead to a lot of staffers quitting Congress because they can’t afford to shoulder 100 percent of their premiums. (There’s also a smaller issue related to how retiree benefits might be calculated. But I’m only willing to go so far into the weeds here.)

2 iossarian  Thu, Apr 25, 2013 10:41:45am

re: #1 lawhawk

Not exactly true. In fact, not true at all.

How can this be? It’s on politico.com!

3 Skip Intro  Thu, Apr 25, 2013 10:42:49am

So Politico’s full of shit? Well, that’s possible.

They do include this, though.

Several proposals have been submitted to the Office of Personnel Management, which will administer the benefits. One proposal exempts lawmakers and aides; the other exempts aides alone.


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