No Exemption for Members of Congress in Regards to American Health Care Act (H.R. 2192)

The House passed H.R.2192, which removes from the American Health Care Act (AHCA), once the AHCA is enacted, its exemption for members of Congress and staff from provisions of the MacArthur amendment that allow state waivers of certain health insurance minimum benefit and patient protection requirements under the Affordable Care Act.

Democratic Whip Steny Hoyer (MD):

The McSally amendment was introduced in response to the criticism that Republicans are exempting themselves from the consequences of TrumpCare that other Americans will have to live with. Neither TrumpCare nor the McSally amendment significantly impacts the way Members of Congress or their staff get health care in practice. However, the MacArthur amendment would exempt Members from provisions that will allow states to waive consumer protections in the Affordable Care Act, such as required coverage of Essential Health Benefits and prohibitions on discrimination against those with pre-existing conditions.  The McSally amendment would eliminate that exception.

TEXT:

A BILL

To amend the Public Health Service Act to eliminate the non-application of certain State waiver provisions to Members of Congress and congressional staff.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. ELIMINATION OF NON-APPLICATION OF CERTAIN STATE WAIVER PROVISIONS TO MEMBERS OF CONGRESS AND CONGRESSIONAL STAFF.

If the American Health Care Act is enacted, effective as if included in the enactment of such Act, section 2701(b)(5)(A)(ii) of the Public Health Service Act (42 U.S.C. 300gg(b)(5)(A)(ii)), as added by subsection (a) of section 136 of the American Health Care Act (relating to permitting States to waive certain ACA requirements to encourage fair health insurance premiums), is amended by striking “1312(d)(3)(D),”.