HolyCoast: Did Congress Just Write Itself Out of Its Own Health Care Plan?
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Tuesday, April 13, 2010

Did Congress Just Write Itself Out of Its Own Health Care Plan?

This would be hilarious if it turns out to be true:
The law apparently bars members of Congress from the federal employees health program, on the assumption that lawmakers should join many of their constituents in getting coverage through new state-based markets known as insurance exchanges.


But the research service found that this provision was written in an imprecise, confusing way, so it is not clear when it takes effect.


The new exchanges do not have to be in operation until 2014. But because of a possible “drafting error,” the report says, Congress did not specify an effective date for the section excluding lawmakers from the existing program.


Under well-established canons of statutory interpretation, the report said, “a law takes effect on the date of its enactment” unless Congress clearly specifies otherwise. And Congress did not specify any other effective date for this part of the health care law. The law was enacted when President Obama signed it three weeks ago.
I'll defer to Hot Air for further comment:
In other words, theoretically the law kicks them out of the federal health plan now in order to force them to join insurance exchanges … that don’t exist yet. Looking forward to tomorrow, when we’re inevitably told that they meant to do that. Exit question for lawyers: Who would have standing to sue to force the federal health plan to drop Congress now? Any citizen, or is it more refined than that?
Somebody needs to bring an action...today...demanding that Congress follow the law and get thrown off of their health care plan. It would force them to hastily try and pass a new law re-instituting their coverage confirming that they don't want any part of the plans that will make up Obamacare.

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