A key provision of the unpopular Patient Protection and Affordable Care Act means that employers only incur a mandate penalty when an employee takes advantage of subsidies in the state-run exchange. A contemporaneous report from the Congressional Research Service confirms that interpretation.As we have noted, if there is no state-run exchange, there can be no subsidy to an employee and thus no penalty to an employer. Some are calling this problem a typo or drafting error, but it was no mere missing word. It was a strategic decision on the part of Congress. It means states should not implement an exchange.The Obama Administration, of course, is interpreting the law to mean what they want it to mean, not what it says it means by its plain wording and legislative history.