WASHINGTON, DC - As Obamacare approaches its seventh birthday, Congress has more questions than answers about the president’s signature law. Last March, we highlighted some of our own birthday wishes for the failed law (spoiler alert: they haven’t come true).
But the wishes highlight another element of Congress’ concerns about Obamacare - the administration’s disregard for transparency and communication. The lengths the Obama administration has gone to stonewall Congress about key programs under Obamacare is unprecedented. In doing so, they’ve sought to prop up the health care law as insurers flee the markets and Americans experience #RateShock.
Obamacare’s “Bermuda Triangle, " composed of the unlawful reinsurance payments and unauthorized payments for the cost-sharing reduction (CSR) program and the basic health program (BHP), is just as mysterious as the real deal.
The American people deserve answers. Here’s a look at some of the committee’s top questions that have yet to be answered by the administration.
On reinsurance…
Why did the Administration reverse its regulations regarding the implementation of the reinsurance program?
* In 2015, CMS reversed its own regulations to divert funds intended for the U.S. Treasury to insurance companies instead. Because of this, CMS has illegally paid out $3.5 billion in payments to insurance companies through the program.
Who conducted the legal analysis for this decision?
* Both the Government Accountability Office and the Congressional Research Service issued opinions finding that CMS did not have the authority to divert funds from the Treasury.
Who was responsible for making the decision about the policy change?
* CMS has refused to provide documents regarding the decision-making behind the policy change, even after the committee issued a subpoena.
Since earlier rules had already anticipated what to do in the event of a shortfall of collections, what was the legal basis for the policy change?
* CMS has been unable to give the committee any legitimate reason for the rule change.
On the CSR Program…
Why did the administration request funding for the CSR program in the FY 2014 budget before quietly withdrawing the request?
* After requesting an annual appropriation for the CSR program the administration withdrew the request over the telephone instead of going through the formal amendment process. The administration argues that an annual appropriation was not required and has failed to explain why the budget request was made and then withdrawn. The administration spent an estimated $13 billion on the program, without a lawful appropriation.
How was the permanent appropriation identified as a source of funding for the CSR program?
* The administration has not informed the committee how the permanent appropriation was identified, or who first identified the account. Documents reviewed by the committee indicate that the account had been identified as a possible source of funding by the end of July 2013.
Did sequestration play a role in the administration’s decision to fund the CSR program through the permanent appropriation for tax credits and refunds?
* Documents reviewed by the committee indicate that alleviating the stress of a potential sequestration cut on the CSR program may have played a role in the source of funding decision.
Who at the White House and the Department of Justice was involved in these decisions?
* Witnesses testified that individuals at the White House and the Department of Justice played a role in the source of funding decision, but the Obama administration did not allow witnesses to tell the committee which individuals were involved.
On BHP…
How did the administration decide to fund the BHP through the permanent appropriation for tax refunds and credits?
* The administration illegally spent $1.3 billion to fund the program from a permanent appropriation used for tax refunds. This is the same funding account that the administration also used to fund the CSR program.
What was the legal basis for providing this funding?
* The committee has requested documents from HHS for years, but the agency has refused to produce the documents, even after the committee issued a subpoena.
