Everything You should Know about Congress and ObamaCare

We cover whatever you should know about ObamaCare and also Congress, consisting of updates top top votes to repeal and replace ObamaCare and the congress exemption.

You are watching: Do members of congress have to use obamacare

First below are a few updates on changes and also attempted adjust to the legislation made by Congress and other branches of government.

UPDATES top top OBAMACARE and CONGRESS: on July 25, 2017 conference voted because that a “motion to proceed” through voting on one ObamaCare repeal and also replace plan. V that in mind, no repeal and also replace invoice was pass (all measured failed to get the 51 votes needed outside of the initial measure up to proceed). Gain updates on the ObamaCare Repeal and also Replace poll in Congress.

UPDATE on THE MANDATE and also CHANGES to THE ACA UNDER TRUMP: Some changes were made come the ACA under the trump card administration. Many notably the fee for not having health insurance was decreased to $0 in many states. You deserve to see a full list of changes by Congress and also the executive, management branch top top our web page on “TrumpCare.”

IMPORTANT update ON LAWSUITS: A Texas federal judge ruled the Affordable treatment Act (Obamacare) unconstitutional on December 14, 2018. The justice Department climate affirmed its assistance for the ruling in so late March 2019. For currently nothing alters as the appeals process play out. However, there can be real results down the road. Learn much more about the 2018 ObamaCare ruling.

NOTE: See likewise our web page on ObamaCare’s can be fried Court Cases for past alters to the ACA.

Is Congress exempt From ObamaCare?

The ObamaCare exemption because that congress is basically a myth… however the TrumpCare exemption isn’t (although that might change).

Here is exactly how this rather facility story works:

Congress and ObamaCare

In the beforehand days the the press to gain the ACA passed, Democrats to be criticized for exempting Congress and their staffers from the exchanges.

At the time, the cases that members of congress were exempt indigenous ObamaCare weren’t completely without merit, as very early version that the ACA exempted Congress. However, the last bill go not.

The an outcome of the last version of ObamaCare (the Affordable treatment Act) is the members that Congress, and also their staffers, have to buy their health insurance on the exchanges in addition to millions of various other Americans… an ext or less. In reality, they acquired to monitor some special rules.

Congress and their staffers usage SHOP to plan under the ACA (ObamaCare plans for employers). This allows them to retain their tax-payer listed “employer” donation while still technically gift on “the exchanges.”

TIP: The SHOP exchange is an exchange that other normal functioning Americans are on, so they are on “ObamaCare” in the sense. However, permitting Congress to it is in on SHOP plan (rather than the individual exchanges offered by non-employees) required a few special rules.

In other words, Congress and also their staffers absolutely do obtain special treatment, but the grand result is they still have to pay a portion of your premiums and also they room still top top the same ObamaCare plan as regular working-class Americans.

Congress and also TrumpCare

With the above said said, things have gotten complicated again under “TrumpCare” (the house and senate’s still unpassed repeal and also replace bills)… as both the House and also Senate bill have attempted to freed Congress from their changes.

The MacArthur Amendment, an Amendment to the house Republican repeal and replace arrangement (the AHCA) listed below, originally let congress opt-out the the Republican repeal and replace plan and also stay top top ObamaCare!

That would have meant Congress might have preserved ObamaCare but been exempt from TrumpCare 1.0. However, that provision was readjusted before the invoice passed the House.

But wait, it gets even more bizarre…

…Not just did the ACA and also AHCA both initially exempt congress and also then adjusted the ascendancy to appease people. The many recent Senate medical care plan, the BCRA, in reality stuck an exemption back in.

So together it stands now, under the ACA congress and also their staffers usage the SHOP. Meanwhile, keeping in psychic the setup has so much failed to pass, under the latest variation of TrumpCare congress and their staffers would certainly be freed from the new rule that enables insurers to no follow ACA standards and sell “junk plans.”

In other words, the reason human being think congress is exempt has a lot of to carry out with the truth that they store trying to exempt themselves…

With the fact about congress and healthcare reform cover. Us cover other important elements of Congress and ObamaCare below.

TIP: us discuss an ext myths below, an initial let’s discuss the continuous (and related) repeal and also replace effort.

An update on the Repeal and also Replace vote in Congress

The last repeal and also replace effort the American Health care Act (AHCA) didn’t happen the House the very first time, but it go after having the MacArthur Amendment attached.

Then, ~ those changes, the house passed your bill.

The bill was climate revised by the Senate, making comprehensive changes. Then, once it didn’t look favor Republicans had sufficient votes, the bill was modification again.

Learn much more about the Senate health and wellness bill, now called Better care Reconciliation action of 2017, by clicking the link.

Meanwhile, the Trump management just happen a set of brand-new regulations in April the shorten 2018 open enrollment, allow for higher out-of-pocket costs, and allow for narrow networks.

See Trump’s ahead January executive, management Order and the new April Regulations for what is changing, or see the Difference between ObamaCare and TrumpCare to gain an idea of what rather could readjust in the future (this plan is just phase 1 the 3).

Can conference Repeal ObamaCare in full? congress can, technically speak repeal ObamaCare in full, but the course is difficult. This is why Republicans have opted because that a budget plan reconciliation bill that only requires 51 votes come pass. That together with the changes the Trump management make typical we will certainly see countless changes, yet the ACA won’t most likely be repealed in full. With that in mind, again as noted above, this component of the procedure is unofficially only phase 1 that 3.

ObamaCare congress Shutdown

Now the we have actually a couple of key point out covered, let’s take a look in ~ yet another “ObamaCare Congress” item, why Republican members that congress forced a government shut under over ObamaCare back in 2013.

On October 1st, 2013 Republican members that congress forced a federal government shut under in protest that ObamaCare and also some that its an essential provisions by not signing off on the budget needed in bespeak to move forward.

The shutdown didn’t actually prevent ObamaCare, yet it did shut under congress for 17 days costing taxes payers around $24 billion. Many of the resources for ObamaCare is mandatory and also has nothing to execute with the appropriation receipt Congress to be protesting.

UPDATE: for 2017 something like this can have happened, but Democrats shed power in the 2016 election and also don’t have the votes come filibuster the Republican budget plan. For this reason for currently 20 million lives are top top the line over this.


Congress health and wellness Insurance Exchange Catch

As noted above, that is essentially a the myth the Congress and also their staff space exempt from buying their health insurance with the wellness insurance marketplace.

Just like everyone else, members that congress and their staff should purchase their coverage with the exchanges.

Unlike most everyone else, they use the tiny businesses part of the health and wellness insurance marketplace and a loophole to retain durable benefits.

It works prefer this,

Prior to the i of the ACA members the Congress and also their staffers were spanned through the commonwealth Employees health Benefits Program, or FEHBP.

However, the ACA required members that Congress and congressional staff members to acquire their health and wellness insurance through ACA exchanges.

After debates, a final dominance allowed Congress and Congressional staff acquisition their insurance with the district of Columbia’s little business health options program (SHOP) exchange.

This doesn’t mean they get free healthcare or anything, instead the federal government offers a subsidy equivalent to 72% that the weighted average of all FEHBP premiums (or75% of the expense of the favored plan, whichever is less; increase to around $12,000).

Private employers on typical pay much more than 80% the the expense of health and wellness benefits.

In other words, Congress and also their staffers space “on ObamaCare” and also “use the exchanges” and they don’t get totally free healthcare, however the details room complex.

See: Do Members of congress Enjoy free Health Care? from Snopes.

Grassley’s Amendment

Grassley’s amendment, the one that made Congress need to use the exchanges, developed some troubles as the exchanges nothing have any kind of procedures for taking care of premium contributions for huge employers.

Grassley’s amendment was an offhand amendment the was claimed to it is in rejected, however was passed.

It was never clear if the federal federal government had the government to pay because that congressional staffers on the exchanges, the method it provided to pay for them with the commonwealth benefits program.

However, the loophole provided above, wherein they use the SHOP, was developed to avoid staffers quitting Congress over no being able to afford their health and wellness premiums.

See more: Do Shutters Add Value To Your Home Value, Will Plantation Shutters Add Value To My Home

Is the ObamaCare Loop Hole for Congress Fair

The wellness insurance purchasing system set up under ObamaCare might not be fair, together it doesn’t provide equal treatment to every Americans, but it is fair in that Congress is on the same plans anyone else has access to.

Whether or no Congress is really obtaining “the same” insurance money as most Americans, whatever considered, might be a point of argument, however they are typically “on ObamaCare.”