by Andrew Kloster, Joseph A. Morris
The Heritage Foundation
March 10, 2014
Due to the hurried nature of its drafting and passage, the Patient Protection and Affordable Care Act (Obamacare) contains a number of provisions that might have been rejected with a more careful reading. For example, one section mandates that Members of Congress and their staff should lose their current government-sponsored premium support for health insurance. The Office of Personnel Management has issued a final rule allowing Members of Congress and their staff to continue to have their taxpayer-funded health insurance. Yet this new ruling is likely unlawful. The scheme is therefore threatened by potential lawsuits by Members of Congress and their staff. Should this final rule be found to be unlawful, it will put Congress in a difficult position: Amend Obamacare and open the legislative floodgates, or allow Members and their staff to grapple with paying out-of-pocket to go onto the Obamacare exchanges.