On October 2, 2013, the Office of Personnel & Management used a federal regulation to deem Congress a small business. Oh yes, a small business with 12,000 employees & dependents.
This allowed members of Congress to enroll in the Small Business Health Options Program and avoid enrolling as individuals thru the health care exchanges. Congress & their staff would have lost their taxpayer-funded contributions to their insurance premiums from the Federal Employees Health Benefits Program and would have had to qualify for subsidies based on household income just like everyone else. Remember that under Obamacare Congress and their staff were required to enroll in individual plans and purchase insurance through the healthcare exchanges created by the law, like all other Americans in the individual markets. Well, until they became a small business.
The Council for Citizens Against Government Waste led a coalition of 10 organizations that has filed a complaint to the Senate Select Committee on Ethics, calling for an investigation.