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Congress Exempt From Potential ACA Ruling

If the U.S. Supreme Court rules in King vs. Burwell that government healthcare subsidies for millions of people in more than 30 states are unconstitutional, as some Republicans advocate, members of Congress and their staffs will still get subsidies...
May 22, 2015

If the U.S. Supreme Court rules in King vs. Burwell that government healthcare subsidies for millions of people in more than 30 states are unconstitutional, as some Republicans advocate, members of Congress and their staffs will still get subsidies. About 15,000 congressional staffers, lawmakers and dependents in the capital and around the country get their health insurance through the Washington small business exchange, an online market created by the District of Columbia government under the Affordable Care Act (ACA).

However, instead of the tax credits at issue in the Supreme Court case, lawmakers and staffers receive the usual government contribution for employee health insurance. That means they would be exempt from an adverse ruling in King vs. Burwell and not lose their health insurance subsidies, while their constituents would.

"That won't look good, will it?" said Walt Francis, author of an annual guide to the federal employee health benefits program. A Supreme Court ruling is expected in late June.

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