April 13, 2010
Ooops! Congress loses health care plan under Obamacare?
In what appears to have been a laughable oversight, Congress seems to have stripped itself of its very generous healthcare plan and I don't see how they an undo the damage without conceding (a) they never read the Act before they passed it; and (b) they certainly expect to get better treatment under the law than they are forcing on the rest of us.
Tom Maguire has the details:
However, the language causing the problem is this:§ 1312(d)(3)(D)(i), specifically requires that: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).For new Congressman and staffers to whom this applies, the result is clear, at least after 2014. For incumbents, it is not clear what Congressional intent was, how a court might resolve this, or who would proceed with a suit.Business as usual.
Clarice Feldman