WASHINGTON, DC - The Obama administration appears to be circling the wagons following the House Energy and Commerce Committee’s recent report chronicling misleading testimony offered by CMS Acting Administrator Andy Slavitt at an Oversight and Investigations Subcommittee hearing on December 8, 2015. In response to the report, an agency spokesperson said Slavitt stood by his testimony. Additionally, Slavitt sent a letter to full committee Chairman Fred Upton (R-MI) and Oversight and Investigations Subcommittee Chairman Tim Murphy (R-PA) disagreeing with the report’s findings. Further, Slavitt has not sought to revise his testimony or correct the record with media outlets reporting on his statement. Upton and Murphy today sent a follow up letter to Slavitt.
The Committee’s report entitled, “Misleading Congress: CMS Acting Administrator Offers False Testimony to Congress on State Exchanges," details the December 2015 hearing, media reporting of Acting Administrator Slavitt’s oral testimony, and CMS’ response when Committee staff inquired about the questionable figure cited in Acting Administrator Slavitt’s testimony. In Acting Administrator Slavitt’s opening remarks at the hearing about the 17 state-based exchanges, he 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." Those claims have been proven false through the Committee’s investigation.
In the letter to Slavitt, Upton and Murphy write, “The Committee is disappointed that your letter does not provide an answer to the question the Committee asked the day after the December 8th hearing, and has continued to ask since then-where did the ‘over $200 million’ dollar figure come from, and what part of it, if any, came from recoupment of improperly spent Federal grant dollars?"
The leaders continued, “[o]ur interest is to ensure that federal tax dollars are being spent consistent with federal law."
Given CMS’ refusal to correct the record, the Committee is seeking documentation to explain the basis for his testimony.