WASHINGTON, DC - The House Energy and Commerce Committee, chaired by Rep. Fred Upton (R-MI), today released a new report chronicling misleading testimony offered by CMS Acting Administrator Andy Slavitt at an Oversight and Investigations Subcommittee hearing on December 8, 2015. The report entitled, “Misleading Congress: CMS Acting Administrator Offers False Testimony to Congress on State Exchanges," details the December 2015 hearing, media reporting of Slavitt’s oral testimony, and CMS’ response when committee staff inquired about the questionable figure cited in Slavitt’s testimony.
The executive summary of the report states, “[i]n his opening remarks before the committee, Mr. Slavitt testified that ‘over $200 million of the original grant awards have already been returned to the federal government, and we’re in the process of collecting and returning more.’" According to documents CMS provided, the federal government has only reclaimed $21.5 million from the 17 state-based exchanges - a fraction of the $200 million Slavitt referenced. Additionally, that $21.5 million was not actually “recouped," rather the funds were de-obligated because the grant had expired or the funds were no longer needed.
Since the hearing, CMS has not sought to revise Slavitt’s testimony or correct the record with media outlets reporting on the statement.
The report summary states, “[a]s a result, it appears that Mr. Slavitt’s testimony before the committee was based on estimates and conjecture, not facts. Mr. Slavitt’s original source for the ‘over $200 million’ figure he testified to has still not been provided to the committee." The $200 million reference was not in Slavitt’s prepared written opening remarks - the figure was adlibbed.
“It is troubling that the administration has had every opportunity to correct the record or back up the numbers but has failed to do so. The health law has been a house of cards, and as the negative headlines mounted, the administration’s point person either misspoke or intentionally misled Congress and the American people," said Chairman Upton and Oversight and Investigations Subcommittee Chairman Tim Murphy (R-PA). “There is no doubt that implementing this massive law is an impossible task, but the facts are the facts. Anything short of the truth under oath will not be tolerated."
