GOP senator launches effort to sue administration over ObamaCare for congressional staffers | Fox News
As the industry's argument goes, with the very thin margins restaurants operate on, being required to cover employees' health care would wreck their businesses. But in Washington, D.C.,Alisa Kleinmanna 33-year-old mother of two, a former meeting planner and private chef, and the founder and CEO of the hospitality trade organization Industreemay have found a solution to this very personal problem. Her 35-year-old husband is a bartender at D.C. hot spot Graffiatoand hes never had health insurance. I just kept thinking, something has to change, Kleinmann told the Washington Post . Something has to get better. Rather than wait around for a visit from the health insurance fairy, however, the entrepreneurial Kleinmann took matters into her own hands. While the state and federal governments run their own public health care exchanges to help people compare plans and enroll for health insurance in a competitive setting, private health care exchanges have been established by businesses to provide a similar marketplace for their employees.Working with M&T Insurance Agency and Liazon, which operates a number of theseprivate health insurance exchanges, Kleinmann built what may well be the first insurance exchange designed specifically for the restaurant industry, becoming a licensed insurance broker herself so she could oversee the process.
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ADVERTISEMENT ADVERTISEMENT The original health care law was clear that lawmakers and their staffers should be treated the same as other Americans, but then the administration issued a ruling that did just the opposite. Former Solicitor General Paul Clement, who is advising Johnson, said, "it's not only that it wasn't in the legislation, the exact contrary rule was in the legislation." And that, legal critics argue, gives Johnson standing -- meaning he can establish that the administration ruling imposed a burden on him. The burden in this case would be because Johnson would be forced to choose among staffers as to who would qualify and who wouldnt. He also argues the administration ruling forces him into a transaction that was not in the law and therefore illegal and makes him a party to a process prohibited by the plain language of the law. Attorney Anthony Dick of Jones Day law firm, who is also advising Johnson, said,"so when you're being regulated in a direct matter like that and you say it's illegal, that's standing that's a personal injury to you." "Here you have a situation," added Clement, "where the law at issue directly affects congressional offices and congressional offices alone." Previously, members of Congress and their staffs got coverage through the Federal Employees Health Benefit Program, which like other employer plans is tax free. The administration has not argued the merits of the case, saying instead those in Congress came out ahead, so where's the injury?
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