![\"A](\"https:\/\/i0.wp.com\/www.dougsbriefcase.com\/blog\/wp-content\/uploads\/2013\/07\/United-States-Congress-credit-focus-on-pennsylvania.jpg\")
<\/a><\/dt>\n[NOTE<\/span>: This post has been updat\u00aded to reflect recent devel\u00adop\u00adments<\/em>.]<\/p>\n Con\u00adgress hasn\u2019t been this unit\u00aded since the Ger\u00admans bombed Pearl Harbor.<\/p>\n Its 535 Mem\u00adbers \u2014 com\u00adpris\u00ading dif\u00adfer\u00adent polit\u00adi\u00adcal par\u00adties, ide\u00adolo\u00adgies, races, gen\u00adders and geo\u00adgraph\u00adic inter\u00adests \u2014 and its thou\u00adsands of aides are fix\u00adat\u00aded on a sin\u00adgle thing.<\/p>\n Immi\u00adgra\u00adtion reform? Unrest in Egypt? The loom\u00ading debt ceil\u00ading expi\u00adra\u00adtion with its prospect of US<\/span> gov\u00adern\u00adment default?<\/p>\n Nope. What keeps your elect\u00aded rep\u00adre\u00adsen\u00adta\u00adtives up at night is sec\u00adtion 1312(d)(3)(D)(i)<\/a> of the Patient Pro\u00adtec\u00adtion and Afford\u00adable Care Act (PPACA<\/span>), more com\u00admon\u00adly known to its enthu\u00adsi\u00adasts and detrac\u00adtors as Oba\u00admacare. That pro\u00advi\u00adsion reads:<\/p>\n \u201c<\/span>(D) MEMBERS<\/span> OF<\/span> CONGRESS<\/span> IN<\/span> THE<\/span> EXCHANGE-<\/span> (i) REQUIREMENT-<\/span> Notwith\u00adstand\u00ading any oth\u00ader pro\u00advi\u00adsion of law, after the effec\u00adtive date of this sub\u00adti\u00adtle, the only health plans that the Fed\u00ader\u00adal Gov\u00adern\u00adment may make avail\u00adable to Mem\u00adbers of Con\u00adgress and con\u00adgres\u00adsion\u00adal staff with respect to their ser\u00advice as a Mem\u00adber of Con\u00adgress or con\u00adgres\u00adsion\u00adal staff shall be health plans that are\u2013 (I) cre\u00adat\u00aded under this Act (or an amend\u00adment made by this Act); or (II<\/span>) offered through an Exchange estab\u00adlished under this Act (or an amend\u00adment made by this Act).\u201d<\/p><\/blockquote>\n Politi\u00adco<\/a> touched off a storm of denials when it report\u00aded last April that Con\u00adgres\u00adsion\u00adal lead\u00aders were meet\u00ading pri\u00advate\u00adly, search\u00ading for ways to exempt them\u00adselves from this Oba\u00admacare require\u00adment. Mem\u00adbers of both par\u00adties rushed to the near\u00adest micro\u00adphone to pro\u00adclaim that they would nev\u00ader con\u00adsid\u00ader such a thing. An unnamed Demo\u00adc\u00adra\u00adt\u00adic aide summed up Con\u00adgres\u00adsion\u00adal reac\u00adtion when he told The Hill, \u201cNobody is exempt\u00ading any\u00adbody from any\u00adthing<\/a>.\u201d<\/p>\n That depends on how you define the word \u201cexempt.\u201d<\/p>\n In one sense, the state\u00adment is true. Vir\u00adtu\u00adal\u00adly no one is exempt from Oba\u00admacare. All God\u2019s chil\u00addren, it seems, are with\u00adin its capa\u00adcious grasp. Accord\u00ading to the Admin\u00adis\u00adtra\u00adtion, even French employ\u00adees at a facil\u00adi\u00adty in Bahrain owned by an Amer\u00adi\u00adcan com\u00adpa\u00adny are ensnared in its ten\u00adta\u00adcles. Democ\u00adrats who want to estab\u00adlish a nation\u00adal his\u00adtor\u00adi\u00adcal park on the moon (HR<\/span> 2617<\/a>) have not yet con\u00adced\u00aded that Obamacare\u2019s require\u00adments are con\u00adfined to our plan\u00adet. Per\u00adhaps not even the sky is its limit.<\/p>\n Mem\u00adbers of Con\u00adgress are will\u00ading to con\u00adcede that they and their staffers can only obtain insur\u00adance cov\u00ader\u00adage through the new Oba\u00admacare exchanges. That\u2019s a big con\u00adces\u00adsion. Con\u00adgres\u00adsion\u00adal employ\u00adees cur\u00adrent\u00adly par\u00adtic\u00adi\u00adpate in the Fed\u00ader\u00adal Employ\u00adees Health Ben\u00ade\u00adfits plan (FEHB<\/span>). That pro\u00adgram offers them a broad array of options, with a long list of insur\u00aders offer\u00ading dif\u00adfer\u00adent ben\u00ade\u00adfit pack\u00adages that enable each per\u00adson to choose what he or she thinks best suits their needs and the needs of their families.<\/p>\n The law\u2019s clear lan\u00adguage, every\u00adone con\u00adcedes, ban\u00adish\u00ades them from the Eden of the FEHB<\/span> to the Sinai of gov\u00adern\u00adment-run exchanges.<\/p>\n The exchanges offer lim\u00adit\u00aded choice. Each state gov\u00adern\u00adment pre\u00adscribes an \u201cessen\u00adtial health ben\u00ade\u00adfits\u201d pack\u00adage in accor\u00addance with fed\u00ader\u00adal reg\u00adu\u00adla\u00adtions. Every insur\u00ader that offers cov\u00ader\u00adage (and there appar\u00adent\u00adly won\u2019t be many insur\u00aders <\/a>that do) in an exchange sold in that state will offer the same pack\u00adage of ben\u00ade\u00adfits. Only cost-shar\u00ading can vary. There will be four lev\u00adels of cost-shar\u00ading, but only one pack\u00adage of benefits.<\/p>\n When leg\u00adisla\u00adtive branch employ\u00adees move on Jan\u00adu\u00adary 1 from the FEHB<\/span> with its myr\u00adi\u00adad choic\u00ades to the Sovi\u00adet-style menu offered in the exchanges, it will be like going from Baskin and Rob\u00adbins to an ice cream shop that serves only vanil\u00adla in four dif\u00adfer\u00adent sized cups. But since they\u2019re herd\u00ading mil\u00adlions of their con\u00adstituents into that same drea\u00adry ice cream shop and threat\u00aden\u00ading to sic the IRS<\/span> on those who resist, Mem\u00adbers are will\u00ading to smile and pro\u00adclaim that vanil\u00adla is their very favorite fla\u00advor and that choos\u00ading among all those oth\u00ader fla\u00advors is just such a waste of time.<\/p>\n Mem\u00adbers will give up choice. But they don\u2019t want to give up their subsidies.<\/p>\n In the FEHB<\/span>, the gov\u00adern\u00adment picks up, on aver\u00adage, 72 per\u00adcent of their pre\u00admi\u00adums, depend\u00ading on which plan they choose. A Mem\u00adber of Con\u00adgress enrolled in fam\u00adi\u00adly cov\u00ader\u00adage under the Blue Cross-Blue Shield Stan\u00addard Stan\u00addard Option, is pay\u00ading an annu\u00adal pre\u00admi\u00adum this year of around $5200<\/a>. The gov\u00adern\u00adment is pick\u00ading up the rest. Absent the 72 per\u00adcent sub\u00adsidy, the annu\u00adal pre\u00admi\u00adum for that same cov\u00ader\u00adage would be near\u00adly $18,600.<\/p>\n That\u2019s a huge dif\u00adfer\u00adence in price and it\u2019s why Mem\u00adbers are eager to get an exemp\u00adtion that will let them keep the FEHB<\/span> sub\u00adsi\u00addies even though Oba\u00admacare ban\u00adish\u00ades them from the FEHB<\/span>.<\/p>\n The Act itself couldn\u2019t be more clear. Insur\u00adance poli\u00adcies offered through the exchanges are \u201cthe only health plans that the gov\u00adern\u00adment may make avail\u00adable to Mem\u00adbers of Con\u00adgress and con\u00adgres\u00adsion\u00adal staff.\u201d Peri\u00adod. That means they can no longer par\u00adtic\u00adi\u00adpate in the FEHB<\/span> through which they receive sub\u00adsi\u00addies. There is no pro\u00advi\u00adsion of law that allows them to keep these FEHB<\/span> sub\u00adsi\u00addies when they buy cov\u00ader\u00adage in the exchanges.<\/p>\n Mem\u00adbers of Con\u00adgress, of course, have the pow\u00ader to amend the law to keep their sub\u00adsi\u00addies. Sure\u00adly their con\u00adstituents would under\u00adstand when they vote them\u00adselves thou\u00adsands of dol\u00adlars in annu\u00adal gov\u00adern\u00adment assis\u00adtance. Then again, maybe not.<\/p>\n So they\u2019re hop\u00ading that the Admin\u00adis\u00adtra\u00adtion will qui\u00adet\u00adly give them an exemption.<\/p>\n It wouldn\u2019t be the first time that the Oba\u00adma Admin\u00adis\u00adtra\u00adtion found a way around an unpleas\u00adant pro\u00advi\u00adsion of Oba\u00admacare. It has grant\u00aded numer\u00adous waivers, exemp\u00adtions and delays since the law was passed more than three years ago. They exe\u00adcut\u00aded three such end-runs over the week-long Inde\u00adpen\u00addence Day Con\u00adgres\u00adsion\u00adal recess alone. One delayed until 2015 the col\u00adlec\u00adtion of infor\u00adma\u00adtion from busi\u00adness\u00ades need\u00aded to enforce the \u201cemploy\u00ader man\u00addate<\/a>,<\/span>\u201d tax penal\u00adties on firms with more than 50 full-time work\u00aders who do not pro\u00advide cov\u00ader\u00adage to their employ\u00adees. Then on Fri\u00adday after\u00adnoon, July 5, a Trea\u00adsury Depart\u00adment offi\u00adcial took to his blog<\/a> to announce that peo\u00adple who apply for sub\u00adsi\u00addized cov\u00ader\u00adage through the exchanges would be on the \u201chon\u00ador sys\u00adtem\u201d next year, waiv\u00ading a require\u00adment that their income claims be cross-checked with their employ\u00aders\u2019 records. [The House may vote this week on a bill that would for\u00admal\u00adly delay the employ\u00ader man\u00addate and on a sep\u00ada\u00adrate bill that would delay the indi\u00advid\u00adual mandate.]<\/p>\n Less well noticed was an HHS<\/span> announce\u00adment slipped out the door on the pre\u00advi\u00adous Fri\u00adday, pro\u00adhibit\u00ading insur\u00aders from charg\u00ading smok\u00aders high\u00ader pre\u00admi\u00adums, despite a pro\u00advi\u00adsion of Oba\u00admacare that autho\u00adrizes them to do so (new sec\u00adtion 2701(a)(1)(A)(iv)<\/a> of Pub\u00adlic Health Ser\u00advice Act). Why would anti-tobac\u00adco jihadists in the Oba\u00adma HHS<\/span> give smok\u00aders a break? It seems that the pro\u00advi\u00adsion is com\u00adpli\u00adcat\u00aded by anoth\u00ader stip\u00adu\u00adla\u00adtion in the sprawl\u00ading law, and \u201cbecause of a sys\u00adtem lim\u00adi\u00adta\u00adtion<\/a>,<\/span>\u201d if an insur\u00ader tries to assess the high\u00ader pre\u00admi\u00adum on an old\u00ader smok\u00ader, \u201cthe sub\u00admis\u00adsion of the (insur\u00ader) will be reject\u00aded by the sys\u00adtem.\u201d Damn computers.<\/p>\n Since the Admin\u00adis\u00adtra\u00adtion is dis\u00adpens\u00ading waivers and exemp\u00adtions the way Renais\u00adsance Popes once dis\u00adpensed annul\u00adments and indul\u00adgences, why can\u2019t Con\u00adgress get one?<\/p>\n Per\u00adhaps at 5:30 on the Fri\u00adday before Labor Day, the Spe\u00adcial Assis\u00adtant to the Deputy Assis\u00adtant to the Under\u00adsec\u00adre\u00adtary of some\u00adthing or oth\u00ader could post a blog announc\u00ading that Con\u00adgres\u00adsion\u00adal employ\u00adees can keep their sub\u00adsi\u00addies next year after all. Repub\u00adli\u00adcans could huff that the Pres\u00adi\u00addent lacks legal author\u00adi\u00adty to issue the exemp\u00adtion, Democ\u00adrats could defend him, and togeth\u00ader they could cash their sub\u00adsi\u00addies at the exchanges come Jan\u00adu\u00adary 1.<\/p>\n Mem\u00adbers could jus\u00adti\u00adfy such action by recit\u00ading the law\u2019s core men\u00addac\u00adi\u00adty: if you like what you have, you can keep it. We like our sub\u00adsi\u00addies, so we\u2019ll keep them.<\/p>\n Mil\u00adlions of Amer\u00adi\u00adcans already have found that they can\u2019t keep what they like. Mil\u00adlions more will dis\u00adcov\u00ader the slogan\u2019s worth\u00adless\u00adness soon enough. Peo\u00adple who have cov\u00ader\u00adage in the indi\u00advid\u00adual mar\u00adket will find that the new \u201cessen\u00adtial health ben\u00ade\u00adfits\u201d will cost much more<\/a> than the cov\u00ader\u00adage they will be required to for\u00adfeit. Small busi\u00adness\u00ades will be required to buy cov\u00ader\u00adage through the new exchanges, instead of renew\u00ading their exist\u00ading poli\u00adcies (1311(d)(2)(B)(i)<\/a>). Seniors on Medicare Advan\u00adtage will see their pre\u00admi\u00adums rise and, in many cas\u00ades, their plans dis\u00adap\u00adpear <\/a>once the health care law\u2019s dra\u00adcon\u00adian cuts are allowed to bite. Peo\u00adple enrolled in employ\u00ader-spon\u00adsored plans that are deemed by the gov\u00adern\u00adment to pro\u00advide \u201cexcess ben\u00ade\u00adfits\u201d (i.e., cov\u00ader\u00adage that the gov\u00adern\u00adment con\u00adsid\u00aders over\u00adly gen\u00ader\u00adous) will see those ben\u00ade\u00adfits sub\u00adject to a 40 per\u00adcent excise tax begin\u00adning in 2018 (sec\u00adtion 9001<\/a>). The list goes on.<\/p>\n With all of these cat\u00ade\u00adgories of peo\u00adple los\u00ading what they liked, why shouldn\u2019t the law\u2019s archi\u00adtects for\u00adfeit their subsidies?<\/p>\n My guess is that Con\u00adgress will get its exemp\u00adtion, and I\u2019m not sure that\u2019s such a bad thing. I am a retired fed\u00ader\u00adal employ\u00adee who worked 18 years in the gov\u00adern\u00adment, 10 of them as a Sen\u00adate aide. As such, I par\u00adtic\u00adi\u00adpate in the Fed\u00ader\u00adal Employ\u00adees Health Ben\u00ade\u00adfit plan. The health law does not change that for me. My for\u00admer col\u00adleagues are, almost to a per\u00adson, ded\u00adi\u00adcat\u00aded, tal\u00adent\u00aded and hard-work\u00ading. Like tens of mil\u00adlions of Amer\u00adi\u00adcans, their employ\u00ader con\u00adtributes to their health cov\u00ader\u00adage. They shouldn\u2019t lose their employer\u2019s con\u00adtri\u00adbu\u00adtion because of a flawed pro\u00advi\u00adsion in a vast and poor\u00adly writ\u00adten law.<\/p>\n That said, they are the ones who wrote that law. And mil\u00adlions of oth\u00ader Amer\u00adi\u00adcans are \u2013 or soon will be \u2013 adverse\u00adly affect\u00aded by it. Con\u00adgress and the Admin\u00adis\u00adtra\u00adtion have expressed lit\u00adtle sym\u00adpa\u00adthy for them and have cho\u00adsen to let most of its oner\u00adous pro\u00advi\u00adsions stand.<\/p>\n Obamacare\u2019s Con\u00adgres\u00adsion\u00adal sup\u00adport\u00aders are under\u00adstand\u00adably more pre\u00adoc\u00adcu\u00adpied with the law\u2019s adverse effects on them\u00adselves than with its adverse effects on oth\u00aders. Yet there is some\u00adthing at least vague\u00adly hyp\u00ado\u00adcrit\u00adi\u00adcal about seek\u00ading to exempt them\u00adselves from the unpleas\u00adant con\u00adse\u00adquences of a law they wrote while sub\u00adject\u00ading oth\u00aders to it.<\/p>\n Per\u00adhaps this is a teach\u00adable moment for Con\u00adgres\u00adsion\u00adal Democ\u00adrats. Oba\u00admacare\u2019s tan\u00adgle of rules and man\u00addates restricts indi\u00advid\u00adual choice on the the\u00ado\u00adry that such restric\u00adtions best serve col\u00adlec\u00adtive needs. Mem\u00adbers who sup\u00adport the law are supreme\u00adly con\u00adfi\u00addent that it is exquis\u00adite\u00adly con\u00adceived, its every anom\u00adaly an essen\u00adtial part of a seam\u00adless whole. Peo\u00adple who object to the law don\u2019t under\u00adstand it. They need only trust and obey to expe\u00adri\u00adence its benefits.<\/p>\n All that changes when it comes to the one pro\u00advi\u00adsion that affects Con\u00adgress direct\u00adly. Mem\u00adbers who favor the law dis\u00admiss the con\u00adcerns of busi\u00adness\u00ades, while fret\u00adting over the law\u2019s effect on their own \u201cbusi\u00adness\u00ades.\u201d They fear it might result in a Capi\u00adtol Hill \u201cbrain drain<\/a>,<\/span>\u201d with key staff and per\u00adhaps some Mem\u00adbers them\u00adselves decid\u00ading to quit once the \u201cAfford\u00adable Care Act\u201d makes their health insur\u00adance unaf\u00adford\u00adable. They need an exemption.<\/p>\n Instead of insist\u00ading on spe\u00adcial treat\u00adment for them\u00adselves, they might con\u00adsid\u00ader treat\u00ading every\u00adone equal\u00adly. They should delay imple\u00admen\u00adta\u00adtion of the law \u2013 for everyone.<\/p>\n UPDATE<\/span> (8\/3\/13): As expect\u00aded, Con\u00adgres\u00adsion\u00adal employ\u00adees will be able to keep their employ\u00ader-spon\u00adsored sub\u00adsi\u00addies when they buy their insur\u00adance cov\u00ader\u00adage through exchanges. The exemp\u00adtion, accord\u00ading to numer\u00adous reports that have been con\u00adfirmed by the White House, will become offi\u00adcial next week in a reg\u00adu\u00adla\u00adtion to be issued by the Office of Per\u00adson\u00adnel Man\u00adage\u00adment (OPM<\/span>). <\/em><\/p>\n The pol\u00adi\u00adcy is direct\u00adly con\u00adtrary to the law Con\u00adgress wrote. That law kicks them and their staff mem\u00adbers out of the fed\u00ader\u00adal employ\u00adees health ben\u00ade\u00adfit plan, with its choic\u00ades and sub\u00adsi\u00addies. There is no statu\u00adto\u00adry basis for keep\u00ading the sub\u00adsi\u00addies once they are expelled from that pro\u00adgram and forced to buy insur\u00adance through the indi\u00advid\u00adual exchanges.<\/em><\/p>\n Con\u00adgres\u00adsion\u00adal employ\u00adees will be treat\u00aded dif\u00adfer\u00adent\u00adly than oth\u00aders in those exchanges; no oth\u00ader per\u00adson will be able to receive sub\u00adsi\u00addies from their employ\u00aders when they buy insur\u00adance in the indi\u00advid\u00adual exchange. <\/em><\/p>\n Fed\u00ader\u00adal (as opposed to employ\u00ader) sub\u00adsi\u00addies in the exchanges are based on income. But not for Con\u00adgres\u00adsion\u00adal employ\u00adees, evi\u00addent\u00adly. Rank and file Sen\u00ada\u00adtors and Rep\u00adre\u00adsen\u00adta\u00adtives make $172,000 in 2013. Their high\u00adest-paid staffers make only slight\u00adly less. Next Jan\u00adu\u00adary, they will receive larg\u00ader gov\u00adern\u00adment sub\u00adsi\u00addies (72 per\u00adcent of the pre\u00admi\u00adums, on aver\u00adage, through the FEHB<\/span>) than indi\u00advid\u00adu\u00adals earn\u00ading a frac\u00adtion of what they make and who buy the very same cov\u00ader\u00adage in the very same exchanges. <\/em><\/p>\n I should empha\u00adsize that the reg\u00adu\u00adla\u00adtion still has not been released, so its details are still not entire\u00adly clear. A Con\u00adgres\u00adsion\u00adal staffer who claims to be famil\u00adiar with the rule\u2019s con\u00adtents has tweet\u00aded<\/a> that it will allow each Mem\u00adber to \u201cdecide if their staff should receive the employ\u00ader con\u00adtri\u00adbu\u00adtion.\u201d If true, that would both cre\u00adate new oppor\u00adtu\u00adni\u00adties for polit\u00adi\u00adcal the\u00adater and fur\u00adther show just how priv\u00adi\u00adleged a posi\u00adtion Con\u00adgres\u00adsion\u00adal employ\u00adees will enjoy rel\u00ada\u00adtive to the rest of the pop\u00adu\u00adla\u00adtion, who will not get to pick and choose which of the law\u2019s require\u00adments they will obey.<\/em><\/p>\n Iron\u00adi\u00adcal\u00adly, even some Repub\u00adli\u00adcans who want to repeal Oba\u00admacare have embraced this spe\u00adcial deal <\/a>for them\u00adselves and their staffs. That may change over Con\u00adgress\u2019s 5\u2011week hol\u00adi\u00adday. But, for now, it appears that many Mem\u00adbers of both par\u00adties are fine with this cozy lit\u00adtle deal.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":" A famous\u00adly frac\u00adtious Con\u00adgress has at last found com\u00admon cause: get\u00adting out from under the Oba\u00admacare pro\u00advi\u00adsion that would take away their health insur\u00adance sub\u00adsi\u00addies. [Cred\u00adit: sightsonpennsylvania.blogspot.com] [NOTE<\/span>: This post has been updat\u00aded to reflect recent devel\u00adop\u00adments.] Con\u00adgress hasn\u2019t been \u2026 Con\u00adtin\u00adue read\u00ading