Did Congress Exempt Themselves from the Affordable Care Act?
“Members of Congress exempted themselves from the Affordable Care Act”
The ACA specifically requires members of Congress and their staff to purchase insurance through the ACA exchanges. They are not exempt.
What They Are Saying
A widely shared claim states that members of Congress “exempted themselves” from the Affordable Care Act, meaning they don’t have to follow the same healthcare rules they imposed on everyone else. This claim appears in various forms across social media and chain messages, and has persisted since 2010.
What The Documents Show
The Actual Law
Section 1312(d)(3)(D) of the Affordable Care Act contains an unusual provision called the “Congressional Coverage Requirement.” It states:
| What the law says | What it means |
|---|---|
| Members of Congress and designated staff “shall” obtain coverage through ACA exchanges | Congress is required to use the same marketplace as everyone else |
| This applies regardless of other coverage options | They can’t opt out by using a different government plan |
This provision was actually an amendment introduced by Senator Chuck Grassley specifically to ensure Congress couldn’t exempt themselves.
The Confusion
The confusion stems from a 2013 Office of Personnel Management (OPM) ruling that allowed the federal government to continue contributing to Congressional staff health premiums, similar to how any large employer contributes to employee health plans.
This is not an “exemption.” It is the standard employer contribution that most workers with employer-sponsored insurance receive.
Why This Claim Persists
This is a textbook case of a zombie claim, a falsehood that has been debunked repeatedly but keeps returning. It confirms a pre-existing belief (politicians are self-serving). The real law is complicated enough that the simple lie is easier to share. People who share it rarely check the actual text of the law. It sounds exactly like something Congress would do.
The manipulation isn’t by Congress in this case. It’s by whoever keeps sharing this debunked claim. Every time you share it, you’re doing their work for free.
Congress is required by law to obtain healthcare through the ACA exchanges. Section 1312(d)(3)(D) was written specifically to prevent the exemption that social media claims exists.
Read the law. It’s public. Section 1312(d)(3)(D). The exemption doesn’t exist.
Sources & Documents
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