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发帖数: 29846 | 1 Judge hears arguments in health care lawsuit
July 7, 2014 - 4:35 PM
By TODD RICHMOND, Associated Press
GREEN BAY, Wis. (AP) — A Wisconsin senator on Monday argued that his
lawsuit challenging rules that call for congressional members and their
employees to seek government-subsidized health insurance through small-
business exchanges should be allowed to move forward.
U.S. Sen. Ron Johnson, an Oshkosh Republican, contends the rules twist the
Affordable Care Act to ensure senators, representatives and their staffers
continue to receive generous health insurance subsidies and place them above
the American people. Government attorneys contend Johnson lacks standing to
sue because he hasn't shown how the rules have hurt him or his health care
coverage. They've asked U.S. District Judge William Griesbach to dismiss the
lawsuit.
Republicans tucked provisions into the Affordable Care Act that state the
only health care plans the federal government can offer to congressional
members and staffers must come through an exchange. The mandate means
senators, representatives and their employees must leave their old
government health plan, which subsidized 75 percent of their premiums
through tax-free contributions.
President Barack Obama's administration adopted rules in October preserving
the subsidies if congressional members and staffers go through the small-
business exchanges. The rules state the members must decide which staffers
are eligible for the exchanges.
Johnson's lawsuit takes issue with the subsidies and with his staffers
getting their insurance through the small-business exchanges.
"Congress wanted to make sure we were in the same position as any American,"
Johnson told reporters before Monday's court hearing. "No special treatment
. (But) there's a perception Congress is getting special treatment."
Johnson's attorney, Rick Esenberg, argued during the hearing that the rules
have inflicted multiple injuries on Johnson. He must participate in what he
considers to be an illegal scheme to use small-business exchanges even
though members and staff work for a huge employer in the federal government,
Esenberg said. And he faces the perception that Congress is above regular
people who can't get such generous subsidies through the exchanges, Esenberg
said.
"Sen. Johnson clearly has standing," Esenberg said. "This is a case that
affects the way in which he runs his office and the way he must explain to
his constituents about the way he runs the office.
U.S. Justice Department attorney James Luh renewed his argument that Johnson
can't sue because he hasn't shown how the rules have caused him any real
injury.
"Here, your honor, the plaintiffs haven't shown any adverse consequences
will flow to them," Luh said.
Griesbach let the attorneys spar for about an hour and 15 minutes before
adjourning. It was unclear when he might rule.
Republicans have accused Obama's administration of unilaterally changing the
ACA to get around their provision. Johnson maintains in his lawsuit that
senators, representatives and their employees aren't eligible for small-
business exchanges because they work for a government that employs millions.
He also argues the premium subsidies that congressional members and
staffers receive will foster resentment among his constituents and deciding
which staffers should go through the exchanges is a burden.
Luh stressed to Griesbach that Johnson isn't suffering any harm. He insisted
Johnson doesn't have to accept any benefits through the exchanges. He also
said the Senate and House administrative offices can decide which staffers
can go through them, meaning Johnson doesn't have to do anything.
Esenberg argued if Johnson doesn't designate the staffers he's shirking his
responsibility because the staffers then would have to purchase insurance on
their own.
Griesbach questioned why Johnson doesn't just do that. Esenberg said Johnson
has no choice but to enforce the ACA and the rules as best he can.
Johnson told reporters after the hearing he has since purchased private
insurance for himself outside the exchanges and he has designated "a
majority" of his 40 or so staffers to go through the small-business
exchanges. He railed against Obama, saying he's acting like a king. |
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