Republicans made a new attack Tuesday on an effort by the federal government to expand access to federal health insurance premium subsidies.
Rep. Vern Buchanan, R-Fla., prodded the House Ways and Means Committee to debate and vote on House Resolution 1262.
The measure, a "resolution of inquiry," would require the U.S. Department of House and Human Services to provide copies of any communications between HHS and the White House that are related to a proposed "family glitch" fix, or move to help some children and spouses of insured workers qualify for Affordable Care Act health insurance premium subsidies.
Committee members rejected the resolution by a 16-25 vote.
Buchanan used his speaking time before the vote to argue that President Joe Biden is using an unconstitutional maneuver to change a statute.
"Claiming the administration is fixing a glitch is false," Buchanan said. "Rewriting a statute by executive action is an affront to the rule of law."
What It Means
Republicans may file court challenges if and when the federal government tries to implement an ACA family health benefits rule change regulation.
A Coverage Gap
The Affordable Care Act. a two-law package completed in 2010, makes health insurance premium tax credit subsidies available to many moderate-income people who buy health coverage from the federal government's HealthCare.gov program, or from state-run ACA public exchange programs.
Workers cannot qualify for ACA premium tax credit subsidies if they are offered what the federal government classifies as affordable employer-sponsored health benefits that provide coverage with a "minimum value," or about 60% of the actuarial value of a standard "essential health benefits" benefits package.
In 2022, the federal government classifies employer-sponsored coverage as affordable if it would cost less than 9.61% of a worker's household income.
Federal regulators announced in 2013 that the IRS would base affordability calculations only on the cost of employee-only coverage, not on the cost of family coverage. That means families that include insured workers and cannot afford employer-sponsored family coverage may not be able to qualify for ACA premium tax credit subsidies.
