WASHINGTON — The Senate Republican bill to dismantle the Affordable Care Act encountered huge new problems on Friday night after the Senate parliamentarian challenged key provisions that are needed to win conservative votes and to make the health bill workable.
The provisions appear to violate Senate rules, the parliamentarian said, giving Democrats grounds to challenge them as the Senate prepares for a battle next week over the future of the Affordable Care Act.
One provision questioned by the parliamentarian, Elizabeth MacDonough, and cherished by conservatives would cut off federal funds for Planned Parenthood for one year. Another would prohibit use of federal subsidies to buy insurance that includes coverage for abortions.
A third provision would penalize people who go without health insurance by requiring them to wait six months before their coverage could begin. Insurers would generally be required to impose the waiting period on people who lacked coverage for more than about two months in the prior year.
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Under the procedure that Republicans are using to speed passage of the health care bill, senators can object to a provision if it does not change federal spending or revenue or if the budgetary effects are “merely incidental” to some policy objective. The parliamentarian serves as a sort of referee, determining whether specific provisions of the bill comply with Senate rules.
Don Stewart, a spokesman for the Senate majority leader, Mitch McConnell, Republican of Kentucky, emphasized that “this is guidance, not a ruling.” The parliamentarian “provided guidance,” and that guidance will help inform subsequent drafts of the legislation, he said, suggesting that the bill could be revised to answer her questions.
