The Labor & Employment Blog is a forum for practitioners and Bloomberg BNA editors to share ideas, raise issues, and network with colleagues.
Thursday, August 1, 2013
by Louis C. LaBrecque
Sen. Tom Coburn (R-Okla.) said he will put a hold on President Obama's nominee for director of the Office of Personnel Management until the administration provides more details about the status of members of Congress and their staffs under the 2010 Affordable Care Act.
Coburn, the ranking member on the Senate Homeland Security and Governmental Affairs Committee, announced the hold during a July 31 committee business meeting held in part to consider the nomination of Katherine Archuleta, Obama's pick to be the next OPM director. Committee members voted 6-4 to advance Archuleta's nomination, but no further action will be taken on the nomination until Coburn removes his hold.
Draft OPM regulations to set up health care exchanges under the ACA - and presumably describing the status of current members of Congress and their staffs, who may be able to stay in the Federal Employees Health Benefits Program under "grandfather" provisions in the health care law - have "gone to OMB and back," Coburn said. He was referring to the White House Office of Management and Budget, which is responsible for approving agency regulations.
There is no reason why the administration can't provide Congress with the information many federal lawmakers have been seeking regarding the status of their offices under the ACA, he said.
Although the ACA includes provisions requiring members of Congress and their personal staffs to move to the exchanges, it is unclear at this point whether current members and their staffs will be required to leave the FEHBP and also whether committee and leadership staffers are subject to the ACA requirements.
A Coburn aide told BNA in a July 31 email that the senator "is holding the nomination because OPM has not met their own deadlines to release regulations regarding the implementation of Obamacare for those employed by the legislative branch."
Under the ACA, enrollment in state-based health insurance exchanges is scheduled to begin no later than Oct. 1 and the exchanges are supposed to be certified and operational by Jan. 1, 2014.
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