WASHINGTON – A conservative government watchdog group Wednesday filed a lawsuit charging that members of Congress and their staff are violating the law by getting health care coverage under the D.C. government’s small business health exchange.
The lawsuit was filed in D.C. Superior Court against the D.C. Health Benefit Exchange Authority for providing health coverage to Congress under the small business insurance exchange provision of the health care reform law.
Among the total 14,289 people enrolled in D.C.’s small business exchange plan in fiscal year 2014, said Judicial Watch President Tom Fitton in a press conference, at least 12,359 enrollment – 86 percent — were Congress members, staffers and their dependents.
“I’m outraged both that my government is subsidizing this and that the Congress of the United States is calling itself a small business,” said plaintiff Kirby Vining, who is a 35-year retired federal government employee lives near the Catholic University.
A spokesman for the D.C. Health Benefit Exchange Authority declined to comment.
The lawsuit charges that Congress clearly exceeds the 50-employee limit to qualify as a small business.
Under the health care law, federal government employees’ insurance coverage was switched from the Federal Employees Health Benefits Program to the exchanges, according to factcheck.org.
Members of Congress and their staffs would be the only employees of a large employer in the exchanges, which began offering insurance in January.
“This is an issue for both parties,” Fittion said, “They know this how they got their insurance for their members and their staffs.”
Judicial Watch says the law requires small business owners who apply for the exchange program to list the name of every employee in the application.
In the confirmation eligibility form completed by the House and Senate, only one employee is listed, with the first name as “Twenty” and last name as “Congress.”
The lawsuit noted that D.C. spends $66 million for the exchange, without a specific number how much money has been used to fund the Congress for the exchange.
“District taxpayers will be surprised and outraged to learn that local tax dollars are helping further this fraud,” Fitton said.