Brady, Upton issue subpoenas related to reported $1.3 billion in unlawful payments made by HHS

Subpoenas issued by U.S. Reps. Kevin Brady (R-TX) and Fred Upton (R-MI) on Tuesday seek information from the Department of Health and Human Services about $1.3 billion in reported unlawful payments.

Brady, the chairman of the House Ways and Means Committee, and Upton, the chairman of the House Energy and Commerce Committee, have led a yearlong investigation into reports of unlawful payments by the Department of Health and Human Services (HHS).

At question is the Obama administration’s decision to fund the Basic Health Program by allegedly redirecting taxpayer dollars that were appropriated to fund a different Affordable Care Act program.

“We’ve been trying to get answers since last June, but HHS simply will not cooperate,” Brady and Upton said in a joint statement. “The administration funneled $1.3 billion last year into the Basic Health Program without a congressional appropriation — a clear violation of the law. Our good faith attempts to learn basic, and targeted facts have been met with resistance every step of the way. The American public deserves answers now.”

Subpoenas issued to HHS Secretary Sylvia Burwell seek all documents and communications referencing apportionment of appropriated funds related to Basic Health Program payments.

Additionally, the subpoenas seek documents referencing any Office of Management and Budget consideration of granting apportionment requests, as well as the final memorandum of understanding between the IRS and Centers for Medicaid and Medicare Services regarding the Basic Health Program.

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