House Republicans are floating an amendment to their health care bill that would weaken Obamacare’s protections for those with pre-existing conditions — for everyone but themselves.
The new amendment, unveiled Tuesday, would allow states to apply for waivers from several key Obamacare insurance reforms aimed at giving those with pre-existing conditions access to affordable, comprehensive policies. The provisions are among the most popular parts of the health reform law.
But the amendment specifically says the waivers could not apply to members of Congress and their staffs, who are required to obtain coverage on the exchanges under Obamacare.
The deal was negotiated between moderate Rep. Tom MacArthur, a New Jersey Republican, and House Freedom Caucus Chairman Mark Meadows, a conservative leader, with consultation from the White House and House leadership.
Under the amendment, states could opt out of provisions that require insurers to offer an array of benefits in all their policies and ban them from charge more based on a person’s health background. Also, states could allow insurers to charge enrollees in their 50s and early 60s more than younger ones.
Democrats swiftly pounced on the opportunity to point out that Republican lawmakers were protecting themselves. The Democratic Congressional Campaign Committee launched digital ads in 30 GOP districts highlighting the exemption.
GOP leaders also recognized the political blowback on the issue. MacArthur quickly backed away from the provision Wednesday, saying he doesn’t believe that lawmakers and their staffs should get special treatment and is working with House leadership to make that clear.
Also, members were told that in the event this deal moves forward and is added to the final package, they planned to hold a separate vote to make it clear that members of Congress were not exempted from the new rules, according to a senior GOP leadership aide.
Why the provision is in the amendment remains somewhat of a mystery. Multiple House GOP aides said that after consulting with the Senate they were told that that they needed the provision in the latest version of their amendment to avoid what would become a “fatal” issue for their Obamacare reconciliation package. If they removed it they were told the package would violate the so-called Byrd Rule, meaning the bill would then be subject to a 60 vote threshold in the Senate and a certain filibuster from Democrats.