Exempt from Obamacare

If you’re passing around something saying that Congress and federal judges are exempt from the Affordable Care Act, you’re passing around bullshit. There is no health care program called “Obamacare” to be exempt from or to participate in. The federal government’s health insurance already complies with the mandates for coverage contained in the PPACA, so they don’t need to change. Is that “exempt” or is that “already compliant with” in your mind?

Congress is a special case. The GOP inserted language in the PPACA to require congresscritters and their staff members to participate in the health insurance exchanges, rather than stay on their (already PPACA-compliant) federal health insurance. This was a weird thing to do, as the exchanges were intended to be available to people who did not otherwise qualify for employer-provided or other health insurance. It was a deliberate political ploy to portray “Obamacare” as so repellent that the Dems would reject the provision. That ploy failed. They neglected to include language in the law regarding whether the government (as the employer) would continue to pay for the health insurance or not. The OPM issued a ruling this summer saying that, unless another law is passed changing it, the government will still be authorized to pay the same portion of the insurance premium they do for other federal employees. Is that an “exemption” or is that a “unique situation contrived to be as insane as possible” to you?

Many of these memes passing around also state that unions are exempt from “Obamacare.” Since that is still not a specific thing from which to be exempt, what could they possibly mean? Many unions got waivers from a particular provision of the law, which would have required coverage caps to rise to $750,000 by last year and be gone entirely by next year. Some companies and unions didn’t want to pass that expense on to their employees, so they asked for and received waivers until 2014. At that time, the waivers for coverage caps will go away. It’s kind of an exemption, but not from the full force of the law. And, it’s going to go away in a few months. So…not really “exempt from Obamacare” after all. Oh, and only 25% of the waivers have gone to unions, but you know how much the Right hates unions. Now, personally, I would have denied the waivers for caps. That particular provision was intended to prevent people from running out of insurance if they had a long period of illness or an expensive procedure. It’s somewhat inhumane to allow some people to be subject to caps, but not others.

There are some groups which are completely exempt from any health insurance mandate. The two biggest groups are Native Americans and some religious groups. The religious groups which are exempt are the ones which are also exempt from paying into (and drawing from) Social Security, such as the Old Order Amish, and groups which have a mutual self-aid system in place that essentially has everyone pay for anyone’s health care in the group. Also, if you make so little money that you don’t even have to file a federal tax return, you are exempt from the mandate. You’re also in a really crappy life.

Anyway, anything to do with the Affordable Care Act is complex and hard to nail down to just a quick meme, but don’t believe everything that you read just because it feels truthy to you.

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