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Judicial Watch • Obamacare CMS letter 06 14 17

Obamacare CMS letter 06 14 17

Obamacare CMS letter 06 14 17

Page 1: Obamacare CMS letter 06 14 17

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Number of Pages:1

Date Created:June 23, 2017

Date Uploaded to the Library:June 23, 2017

Tags:CMS, affordable, regulations, Congressional, exchange, Members, obamacare, purchase, Employees, health, letter, Congress, Insurance, Small, government, district


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Agency: Centers for Medicare Medicaid Services (CMS)
Document Type: Rulemaking
Title: Patient Protection and Affordable Care Act: Reducing Regulatory Burdens and Improving Health
Care Choices Empower Patients
Comment:
The ACA requires states create least two exchanges: small business exchange (referred
SHOP the ACA) and individual exchange. also requires certain members Congress and
congressional employees purchase insurance exchange created either their state
residence (or the District, they are D.C. resident) the federal government, their state
residence did not establish exchange. U.S.C. 18032(d)(3)(D)(i). Because the ACA limits the
purchase insurance small business exchange employees small businesses and Congress
not small business the ACA unequivocally requires that certain members Congress and
congressional employees purchase insurance individual exchange created either their state
residence (or the District, they are D.C. resident) the federal government for that state.
Nonetheless, OPM promulgated C.F.R. 890.102(c)(9), which purportedly authorized congressional
employees purchase health insurance offered appropriate small business exchange, and the
OPM Director subsequently issued guidance stating, OPM has determined that the SHOP the
appropriate SHOP from which Members Congress and designated congressional staff will purchase
health insurance order receive Government contribution. Federal Employees Health Benefits
Program: Members Congress and Congressional Staff, Fed. Reg. 60653, 60654 (Oct. 2013).
Similarly, CMS issued guidance stating, Consistent with the OPM rule, this guidance clarifies that offices the Members Congress are considered qualified employers eligible offer coverage Members
and designated Congressional staff through the appropriate SHOP determined OPM. CMS clarifies
that offices the Members Congress, qualified employers, are eligible participate SHOP
regardless the size and offering requirements set forth the definition qualified employer the
Exchange final rule, provided that the office offers coverage those full-time employees who are
determined statute purchase health insurance from Exchange for the
purpose the government contribution. CMS, Affordable Insurance Exchanges Guidance (September
30, 2013, available [URL REMOVED]
Because certain members Congress and congressional employees are enrolled small business
exchange, the government contributing monies contrary the ACA. OPMs and CMSs regulation
and guidance were revoked, the government would save monies being expended unlawfully provide
contributions the approximately 20,000 members Congress and congressional employees.
addition, the rule law will enforced.
Organization Name: Judicial Watch, Inc.
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https://www.regulations.gov/faqs. For security purposes, URLs were removed from this receipt but not from your comment
Regulations.gov.