On one hand, Sen. Ted Cruz (R-TX) signing up for an Obamacare health insurance policy is fantastic news. As we discussed yesterday, Cruz had a number of options at his disposal after losing his health insurance coverage due to his wife taking a leave of absence from Goldman Sachs. And no, he isn't required to buy an Obamacare policy, so he absolutely had options.
But before we recap his options, it's important to underscore that contrary to what many observers were suggesting throughout the day Tuesday, no -- the law does not mandate that all members of Congress and their staffers enroll in an Obamacare exchange plan. Or else. The law merely states that exchange plans are the only plans offered to congressional employees, including members of Congress. Here's the text from the ACA (emphasis mine):
SEC. 1312. CONSUMER CHOICE. (d)(3)(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).
In other words, members of Congress can do whatever they want, but the government is no longer offering the old Federal Employees Health Benefit Program (FEHBP) to members and their staff -- only the exchange plans under Obamacare. And since the Office of Personnel Management (OPM) is continuing to pay 72 percent of the premiums (the truth behind the so-called "Obamacare exemption for Congress"), the best value for members and especially staffers is to sign up for an Obamacare plan.
If Cruz doesn't have to sign up for an Obamacare plan, what were Cruz's other non-Obamacare options?
He could've immediately enrolled in... CONTINUE READING