Claim: Congress is exempt from the law.
FactCheck.org says: False.
Several versions of this claim have been circulating since before the Affordable Care Act was passed. But no matter how many different ways the critics spin it, Congress isn’t exempt from the law. In fact, members and their staffs face additional requirements that other Americans don’t. Beginning in 2014, they can no longer get insurance through the Federal Employees Health Benefits Program, as they and other federal employees have done. Instead, they are required to get insurance through the insurance exchanges. capitoldome
This “exempt” nonsense first percolated before that provision was added to the law through a Republican amendment. Before the amendment, the legislation said that Congress — as well as federal employees, employees of large companies, and those who get insurance through Medicare or Medicaid — wouldn’t be eligible for the exchanges, which were created by the law for those buying their own insurance and small businesses. But that certainly didn’t make Congress “exempt” — lawmakers were treated like any other worker with employer-provided health insurance. They were required to have coverage or face a penalty.
The claim has persisted even after the provision requiring Congress to get insurance from the exchanges became part of the final law. Fast forward to spring 2013, and the assertion surfaced again when there was concern among lawmakers that the transition to exchange plans — particularly the transfer of the federal contribution toward premiums — wouldn’t go very smoothly. Politico published a piece on April 24 on lawmakers talking about changing the exchange requirement because of this. The headline on the story: “Lawmakers, aides may get Obamacare exemption.”
On Aug. 7, the Office of Personnel Management, which administers the FEHB Program, issued a proposed rule saying that the federal government could continue to make contributions toward the premiums of lawmakers and their staffs on the exchanges. The federal government has long made such premium contributions, as other employers do for their employees. OPM said the contribution couldn’t be more than what it is under the FEHB Program. That ruling, perhaps predictably, sparked new — and still bogus — claims from Republicans of Congress being “exempt” from the law.
“Congress Exempt from Health Bill?” Jan. 20, 2010
“Congress and an Exemption from ‘Obamacare’?” May 3, 2013
“No ‘Special Subsidy’ for Congress,” Aug. 30, 2013
http://www.factcheck.org/2013/09/ob...ail&utm_term=0_3294bba774-239247368f-47892917