Two weeks ago it was discovered that Congress accidentally stripped itself of its health insurance as part of the health care nationalization bill. The Congressional Research Service noted that the Congressional health plan would be shut down immediately, but the new exchanges (though which Congress is to acquire its health care) won’t be created for years.
In response to your inquiries, this is to advise you that the Office of Personnel Management has concluded that Section 1312(d)(3)(D) of the Affordable Care Act, Public Law No. 111-148, is not effective until the state exchanges referenced in section 1312(d)(3)(D)become operational. The provision accordingly has no current effect upon the eligibility of Members of Congress or their staffs to participate in the Federal Employees Health Benefits Program (FEHBP). Members and their staffs are eligible to continue to participate fully in the FEHBP. Accordingly, the responsible employing offices within Congress should continue to process the enrollments of Members and their staffs in FEHBP plans.
You’ll note that the announcement contains not one word of legal argument in support of its conclusion, saying merely that “the Office of Personnel Management has concluded”.
This outrage is expected, but it’s an outrage nonetheless.
Someone ought to sue. Sure, it would be petty, but it’s important that the people who passed this bill without reading it face the consequences of their malfeasance.
(Via the Corner.)
POSTSCRIPT: As long as we are tossing the law aside, I wish the Office of Personnel Management could issue an announcement that would let the rest of us keep our health insurance too.