Is Tim Johnson’s “Get out of Obamacare” exemption of his staff allowable under the law?

SoDak Liberty brings up a good point I hadn’t explored yet – CAN Senator Tim Johnson exempt his staff from Obamacare under the law?

Some will try to say this is not an ‘exemption’ and that Senator Johnson’s move is perfectly legal. Well, its time to break out the Patient Protection and Affordable Care Act PDF again and see what was passed into law. Here is Section 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 parttime employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.

This section clearly states that Members of Congress and congressional staff must enter a plan created by ACA or enter an exchange established under ACA. It also clearly defines ‘congressional staff” to mean “all full-time and parttime employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.” This current “official’ vs. “unofficial” debate over congressional staff is DC politicians trying to create a loophole that would apply to their offices.

Read it all here.

6 thoughts on “Is Tim Johnson’s “Get out of Obamacare” exemption of his staff allowable under the law?

  1. Ymous

    Ok, then how can Obama selectively enforce the law? It’s like he has a line item veto after the fact with zero congressional oversight. I don’t understand how the executive has gained these almost unlimited powers and under what authority does any president have this right? He usurps the power of the legislature and he consistently challenges the Supremes on the rulings he disagrees with using an activist AG tweeking and challenging these rulings while using the slow wheels of rulings to run out the clock. It’s criminal to me.

  2. clem

    Right on Ymous ! And what a supreme hypocrite Johnson appears to be. If he is truly exempting himself or his staff, then why did he say passing this bill was one of his proudest moments ?

  3. Anonymous

    Because he’s a liar, Clem. And now that he’s not up for election, he can pretty much say and do what he wants, what he really believes. He can thumb his nose at us because deep down, he probably feels he’s above all of us, that somehow being elected by us has made him better than us.

  4. Anonymous

    Allowable or not under the law?? Makes no difference to a Democrat! They just make their own rules.

    But the people are getting smarter. This was a dumb move if Tim wanted to hand his legacy to Jr. We don’t all have Alzheimer’s yet and will remember!