Upton, Brady issue subpoena for HHS documents related to ACA’s cost-sharing reduction program

U.S. Reps. Fred Upton (R-MI) and Kevin Brady (R-TX) issued a subpoena on Wednesday for documents related to the Department of Health and Human Services’ (HHS) handling of the cost-sharing reduction (CSR) program.

Upton, the chairman of the House Energy and Commerce Committee, and Brady, the chairman of the House Ways and Means Committee, have been investigating how HHS pays subsidies to insurance companies under the CSR program without a legal appropriation from Congress since early 2015.

To date, subsidy payments made through the Affordable Care Act’s (ACA) CSR program have totaled $5 billion. The Congressional Budget Office estimates the amount to total $170 billion over the next 10 years.

Upton and Brady first requested documents pertaining to the CSR program in February 2015. The lawmakers reiterated the request in July, and in a letter sent to HHS Secretary Sylvia Burwell in December.

“We’ve gone above and beyond to give the administration every opportunity to comply with our repeated requests for details,” Upton and Brady said. “Now, 15 months after our first request, we still don’t have the most basic information about the $5 billion in unlawful payments to insurance companies.”

Subpoenas issued by Upton and Brady on Wednesday compel HHS to provide the requested documents no later than May 18.

“Enough is enough,” Upton and Brady said. “Complying with Congress is not optional, and the American public deserves the courtesy and respect of cooperation. Our pursuit of the facts and the truth continues.”

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