Burwell Nomination
Mr. President, my colleague from Wyoming, Dr. Barrasso, has been talking about a lot of the issues related to the Affordable Care Act, otherwise known as ObamaCare. He has talked about the fact that the mandates in this legislation don't…
Mr. President, my colleague from Wyoming, Dr. Barrasso, has been talking about a lot of the issues related to the Affordable Care Act, otherwise known as ObamaCare. He has talked about the fact that the mandates in this legislation don't work for many Americans. The one-size-fits-all approach that was taken doesn't work in my State of Ohio and around the country.
He also spoke about the cost. Unfortunately, it is not the Affordable Care Act; it tends to be, for a lot of people, the unaffordable care act. Costs have gone up already too high. We are now finding a lot of small businesses in my home State of Ohio are simply squeezed to the point where they are worried whether they will be able to provide health care at all, given the huge increases in cost.
These are all very serious concerns and reasons that I think we need to repeal and replace with policies that work better to provide people more choices and provide people lower cost of care so they can get health care for themselves and their families.
I want to talk about a very specific aspect of ObamaCare and its implementation that concerns me. I came to the floor a couple of days ago to talk about this because I had just learned, actually from some press reports, about some potential problems with implementation. Unfortunately, since that time it has been confirmed through other sources that many of my concerns are legitimate. The concern is very simple: That despite assurances by the administration to the contrary, they have yet to put in place a mechanism to assure that the people who are getting the subsidies under ObamaCare are eligible for them. This is a major problem because we are talking about billions and billions of dollars. It is a surprise, probably, to a lot of my constituents and other folks who might be listening today that the administration hasn't even put in place the basic processes, the mechanisms we would expect in an automated system, to ensure that when people apply for these subsidies--which are substantial; up to 400 percent of poverty, remember, and up to 10,000 bucks for a family of 4, for instance--that they may or may not be eligible and yet they may be getting these payments. Some people may be overstating their income and some people may be understating their income, and some folks may get a very unfortunate surprise of a big tax bill because of it.
It is unbelievable that after a few years of implementation, still there is not in place some sort of a system to ensure that the right people are getting these huge amounts of taxpayer dollars. Improper payments of these subsidies may be going, we are told, to over a million people who aren't eligible to receive them. Yesterday the Associated Press reported that the number is actually closer to 2 million people who are receiving subsidies, despite apparent discrepancies between what they are submitting--the data they are giving about their income information--and what the IRS already has. By the way, the Health and Human Services folks and CMS confirmed this report yesterday when they said: ``The typical family of four generated 21 separate pieces of information that required verification, and all were attested to under penalty of perjury.'' Given that we expect this subsidy program to cost about $36 billion this year alone, these improper payments would likely result in billions of wasted taxpayer dollars.
So at the very least, I am concerned that folks are going to find they have some very unpleasant and unexpected tax bills coming up, and the most we are seeing is a lot of taxpayer dollars that aren't going to the intended purpose.
It is not as if we did not anticipate this problem. This is obviously something a lot of people thought about and talked about. In fact, we knew it would be difficult to verify all these dozens of pieces of information we just heard about from CMS. That is why last year Congress acted in a bipartisan fashion to require the Department of Health and Human Services to certify that it had these controls in place to verify the eligibility of subsidy recipients. We enshrined that requirement in law as part of what was called the Continuing Appropriations Act--better known as the Ryan-Murray budget agreement-- at the end of last year. Part of the Ryan-Murray budget agreement was to say that CMS at HHS had to have in place these controls to ensure people were getting the funds that were appropriate for them.
On January 1, as required by law, Secretary Sebelius certified to Congress ``that the American Health Benefit Exchanges [the so-called marketplaces] verify that applicants for advance payments of the premium tax credit and cost-sharing reductions are eligible for such payments and reductions, consistent with the requirements of [the Affordable Care Act].'' So Secretary Sebelius made certain commitments there. She also further told Congress that the exchanges had ``implemented numerous systems and processes to carry out'' their verification responsibilities, including their income verification responsibilities. So this is an assurance given to us by the Secretary of Health and Human Services. We are now learning through reports in the press--which were spurred by confidential sources within HHS, by the way--that these verification methods are not in place or, if they are, they are very poorly functioning at best. In fact, HHS is planning to begin the verification process--here we are 5 months later--for some of this information by hand at some point in the future.
When I learned of these reports--and they have been in the Washington Post and they have been in Politico--I hoped they were mistaken. So I wrote to the Secretary of Health and Human Services. I also wrote to the IRS Commissioner--this was last month--asking if these allegations were true and, if they were, what HHS was planning on doing about them.
If the Post or Politico got the story wrong, I would have expected a quick response saying: No, these reports are wrong. The internal reports they are referring to are inaccurate.
But instead I did not get an answer. I gave them until June 1 to give me an answer, to give them some time to get back to me. It is now June 5 and I have received nothing--nothing to address my concerns. In fact, I have received no answer at all. I know some of my colleagues have raised similar concerns without receiving answers. Like so many issues that have arisen with the implementation of ObamaCare, the administration's response has been nothing but silence and stonewalling--no transparency.
We do not have time for political games. The American people do not have time for it. We have true budget pressures. Folks are already paying a lot in terms of income taxes. They do not want to pay more. They certainly do not want the income taxes they are paying going to folks who are not eligible for this $36 billion worth of benefits going out this year.
Since the administration refuses to voluntarily provide the information we need to do our job overseeing the expenditure of these funds, I think serious action is necessary. That is why today I am making a formal written request to HHS Inspector General Daniel R. Levinson to begin an investigation into these reports which call into question the accuracy of the Secretary's certification required, again, by the Continuing Appropriations Act, the Ryan-Murray legislation at the end of the year.
I know the IG is scheduled to provide a report to Congress next month regarding how effective HHS has been in preventing subsidy payments on the basis of inaccurate or fraudulent information, but in light of the apparent inconsistencies between the Secretary's certification and the recent media reports, I think a more in-depth and targeted investigation is warranted. The IG's office has promised that ``ensuring that taxpayer dollars are spent for their intended purposes'' under ObamaCare is its ``top priority.'' That is what that said. So these allegations certainly should strike at the very heart of that mission.
If it is true that HHS has failed to implement a modern, effective system
for verifying the eligibility of folks seeking subsidies, we need know about it. They say sunlight is the best disinfectant. Well, I think that is the case here. The best way to ensure that these tax dollars are not wasted is to simply get the information. Let us know what is going on.
I hope the Obama administration and, after her confirmation--I think she will be confirmed--Secretary Burwell will show their commitment to responsible government by joining me in calling for this investigation and responding quickly and accurately to whatever shortcomings it uncovers. But if the administration does not, then it will fall to those of us in this Chamber on both sides of the aisle to take action. I sincerely hope it will not come to that.
I plan to support Director Burwell's nomination today because I think she is a manager, and I think that is what we need right now at the Department of Health and Human Services. I would say this ought to be one of her top priorities as the new manager at HHS--to ensure that the problems we have seen with the implementation of ObamaCare do not continue and specifically that we are not seeing huge amounts of taxpayer dollars being misspent, being wasted through inaccurate verification of these subsidies.
With that, I yield the floor for my colleague from Nebraska.