Obamacare loophole rocks Hill

[FarCenter]

Obamacare is, once again, turning Capitol Hill upside down.

Congressional offices this week have been forced into a frenzied, late-hour scramble to decide which of their staffers will be pushed onto the District of Columbia’s health insurance exchanges and which will be able to keep their current health insurance plans.

Under rules created in the wake of Obamacare’s implementation, House and Senate personal office staffers — dubbed “official office” aides by the House administrative office — are supposed to get their health insurance through D.C.’s health insurance exchange. Committee and leadership staffers — labeled “official staff” — are allowed to keep their current health insurance plan, which is administered by the Federal Employee Health Benefits Program.

But like many things on Capitol Hill, there’s a wrinkle: Members of the House and Senate may quietly allow their aides to stay off the exchange, and keep their current plan.

“It seems too cute,” said Rep. Jeff Denham (R-Calif.) of the news. Denham is putting all his staff on the exchanges.

In what members of both parties said was a surprise, guidance on Tuesday from the chief administrative officer of the House said lawmakers could privately designate personal office aides as not “official,” meaning they do not have to go on the exchange and could keep their current plan. Similarly, House lawmakers can decide that their committee and leadership staffers need to go on D.C.’s exchanges.
...

The issue is so fraught with tension that the closed meetings of both the House Democratic Caucus and House Republican Conference on Tuesday evolved into discussions of this process. In the Democratic meeting, members complained about receiving information about designating staffers late Monday and early Tuesday, and being told they must make a decision by Thursday at 5 p.m. Republicans have also begun carping about it, as well.

“I’ve spent the past couple of hours reading about it,” Rep. Steve King (R-Iowa) said Tuesday. “They’re asking us to make a decision that will last until the end of 2014 in 72 hours.”

Some Democrats are privately calling for the House Ethics Committee to probe whether members of Congress should have such broad latitude to designate the status — and thereby health insurance options — of their aides.


Read more: http://www.politico.com/story/2013/10/capitol-hill-aides-obamacare-health-exchanges-99062.html

[FarCenter]

1. Nancy Pelosi tells staff to use D.C. health exchange

House Minority Leader Nancy Pelosi told her staff Wednesday morning that they will all have to purchase health insurance through the District of Columbia health exchanges.

Members of the House must make a decision on how their employees will get their health insurance by 5 p.m. Thursday.

Guidance released by the Chief Administrative Officer this week gave members of the House wide berth to decide whether their aides will keep their current health care, which was purchased under the Federal Employee Health Benefits Plan, or if they’ll end up on the exchange.

Most personal office aides are supposed to go onto the exchanges, while leadership staff and committee aides can keep their current plan.

But members of the House are permitted to privately tell the CAO that personal office staffers can keep their current plan.

Read more: http://www.politico.com/story/2013/10/nancy-pelosi-staff-health-exchange-99092.html

[NYC_SKP]

2. Feel our pain, fuckers.

For a change, feel what it's like.

[ProSense]

3. I'm not

Under rules created in the wake of Obamacare’s implementation, House and Senate personal office staffers — dubbed “official office” aides by the House administrative office — are supposed to get their health insurance through D.C.’s health insurance exchange. Committee and leadership staffers — labeled “official staff” — are allowed to keep their current health insurance plan, which is administered by the Federal Employee Health Benefits Program.

But like many things on Capitol Hill, there’s a wrinkle: Members of the House and Senate may quietly allow their aides to stay off the exchange, and keep their current plan.

“It seems too cute,” said Rep. Jeff Denham (R-Calif.) of the news. Denham is putting all his staff on the exchanges.

In what members of both parties said was a surprise, guidance on Tuesday from the chief administrative officer of the House said lawmakers could privately designate personal office aides as not “official,” meaning they do not have to go on the exchange and could keep their current plan. Similarly, House lawmakers can decide that their committee and leadership staffers need to go on D.C.’s exchanges.

...understanding the title: Obamacare loophole rocks Hill

So Congress issued rules based on the law, and now staff have to make a choice? They have to use the exchange. I mean, how many times can they spin this issue?

It's interesting the number of Republicans quoted in the piece, especially this claiming that they're putting their staff on the exchanges.

Republican committee responsible for sabotaging Obamacare grills Sebelius
http://www.democraticunderground.com/10023949143

[FarCenter]

4. Congressional staff do not have to use the exchange if they are reclassified by the member

If the Representative or Senator classifies the staffer as "official staff" they can keep their FEHBP plan.

If the staffer is classified as "official office" aide, then they have to go on the DC Health Insurance Exchange with the proletariat.

So we will soon see which staffers have the clout to stay off the exchange and keep their federal plan.

[zipplewrath]

5. The loop hole is in the law

The loop hole is part of the law, and the congress critters just got guidance on the application. It is really that guidance that is "rocking" the hill. Sad part is, that his problem exists because the democrats tried to accomodate demands of the GOP when creating this bill, and they missed a little detail (which is that the government would be prevented from subsidizing the staffs health insurance costs as they do now, like most employers. The exchanges weren't meant for people who get their insurance through their employers. If congress would just "fix" this problem, it would all go away.)

[ProSense]

6. Here:

Q. Will Members of Congress and their staff continue to receive a Government Contribution toward the cost of their health insurance premiums?

A. Members of Congress and their congressional staff who are no longer eligible for enrollment in an FEHB plan will continue to receive a Government contribution toward the cost of their premiums for health plans purchased on the Exchange. This contribution will be no greater than the Government contribution provided for other Federal employees eligible for FEHB coverage and purchasing coverage offered by an FEHB plan.

Q. What will be the amount of the employer contribution for Members of Congress and congressional staff?

A. The amount of the employer contribution for Members of Congress and official staff will be the same as for other Federal employees. OPM annually determines the government contribution based on the average of health plan premiums for the two types of enrollments (self only and self and family) allowed in the FEHB Program. By statute, the government contribution is the lesser of 72 percent of the weighted average of all FEHB plan premiums or 75 percent of the individual plan premium. OPM will apply the same employer contribution amounts up to 75 percent of the total cost of the health plan premium on the Exchange, the same as for an FEHB health plan. An individual with an enrollment on the Exchange for more than one person (i.e. self plus one) will receive the employer contribution amount the same as for an FEHB self and family enrollment.

http://www.opm.gov/retirement-services/publications-forms/benefits-administration-letters/2013/13-204attachment2.pdf