Interesting Provision in PPACA Impacting Members of Congress and Their Staffers Who Reside in DC

This provision would appear to require members of Congress and their staff (but, interestingly, not committee staff that helped draft the various versions of the legislation) to obtain coverage either through an exchange or some other health plan “created under this act.” I leave it to others to sort out the likely impact in the District, but staff or members who reside in DC would appear to at least be eligible for DC exchange coverage.

PPACA SEC. 1312(d)(3)(D):

“(D) MEMBERS OF CONGRESS IN THE EXCHANGE.—

(i) REQUIREMENT.—Notwithstanding any other provision of law, after the effective date of this subtitle, 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).

(ii) DEFINITIONS.—In this section:

(I) MEMBER OF CONGRESS.—The term ‘‘Member of Congress’’ means any member of the House of Representatives or the Senate.

(II) CONGRESSIONAL STAFF.—The term ‘‘congressional staff’’ means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.”

Kevin Wrege, Esq.

Founder & President

Pulse Issues & Advocacy LLC

Office: 202-625-1787

Mobile: 202-253-4929

4410 Massachusetts Ave., NW, #150

Washington, DC 20016

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