Obamacare CMS letter 06 14 17
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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. For further information about the Regulations.gov commenting process, please visit https://www.regulations.gov/faqs. For security purposes, URLs were removed from this receipt but not from your comment Regulations.gov.