The latest front in an ongoing war over Obamacare between the White
House and House Republicans is centering on subpoenas for documents
relating to the healthcare law's cost-sharing reduction program —
and the administration's refusal to hand them over.
The chairmen of the House Ways and Means committee, Texas Rep. Kevin
Brady, and Energy and Commerce committee, Michigan Rep. Fred Upton
have fired off a letter to Health and Human Services Secretary
Sylvia Mathews Burwell complaining about the stonewalling,
"Your refusal to provide the requested documents and information
raises serious concerns about the Department's willingness to be
accountable for the lawful execution of laws passed by Congress,"
the lawmakers' letter sent Tuesday states.
Republicans argue both the Basic Health Program, aimed at providing
choices for low-income people who don't qualify for Medicaid, the
law's "cost-sharing reductions" that help lower out-of pocket-costs
for low-income Obamacare enrollees are illegally funded because they
have no congressional appropriation.
In a case brought by
House Republicans, a federal judge agreed
with the lawmakers that the administration doesn't have the
authority to pay out the cost-sharing reductions; the decision
will be appealed.
The Hill reports the battle has intensified, however, with the
release last week of a transcript of a deposition from former
IRS official David Fisher, who said some IRS officials,
including himself, had raised concerns about the legality of the
cost sharing reduction payments in 2014. The White House argues
the information is confidential, The Hill reports.
Ultimately, it's likely the White House will invoke executive
privilege to protect the documents, The Hill reports.
"It's a common practice over the course of many
administrations," William Burck, former special counsel to
President George W. Bush tells The Hill.
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