WASHINGTON—Today, Congressman Michael C. Burgess, M.D. (R-Texas), Vice Chair of the Energy and Commerce Subcommittee on Health, introduced H.R. 360, which would fix the loophole that exempts certain staff, as well as Administration officials, from being mandated to participate in the exchanges created by the Democrats’ flawed health care law. The bill has an excess of two dozen original co-sponsors.

“The inattention to detail in the health care bill that was signed into law last March led to loopholes and errors,” Burgess said.  “Regardless, the Democrats’ flawed bill is now the law of the land, and if Americans must abide by the law, no staffer or political leader should be exempted.”

On page 157 of the Democrats’ health bill, a provision mandates that members of Congress and their staff purchase insurance within the health insurance exchanges. Unfortunately, the definition of “congressional staff” exempts shared employees, leadership staff, and committee staff. The President, Vice President and Executive Branch political appointees are also curiously exempt from participation in the exchanges. H.R. 360 will have identical legislation introduced in the Senate.

Senator Chuck Grassley (R-Iowa), as ranking member of the Senate Finance Committee, received committee approval of an amendment in September 2009 to require all congressional staff and members of Congress, without exception, to participate in the health insurance exchanges, along with other Americans. Later, during closed-door reworking of the legislation, majority staff carved out leadership and committee staff from the exchange requirement. Grassley sought to close the loophole with legislation, but the Senate majority rebuffed his efforts. When the Senate reconvenes, Grassley will reintroduce legislation in the Senate to fix the loophole.

“Members of Congress should live under the laws they pass for the rest of the country.  I thought Congress finally accepted that principle in 1995, when I won enactment of a law that applied 12 civil rights, labor and workplace safety laws to the legislative branch for the first time ever,” Grassley said. “It’s only fair and logical that administration leaders and congressional staff, who fought so hard to overhaul America’s health care system, experience it themselves.  If the reforms are as good as promised, then they’ll know it first-hand.  If there are problems, public officials will be in a position to really understand the problems, as they should.”

Yesterday the House passed H.R. 2 which would repeal the health care law. Until the law is repealed, Dr. Burgess feels that it is important to move forward with closing the loophole.

“Yesterday the House passed a repeal of the health care law, but getting it all the way to the White House will be a long road, and we know President Obama will not support it,” said Burgess. “Until there is complete repeal, we must move forward with closing the loopholes and shinning light on the errors that we can. I look forward to House and Senate passage and challenge President Obama to stand in opposition of this loophole fix.”

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