June 20, 2014

HHS Breaking O’Care Law

The law requires congressional approval.

Two Republican representatives, Fred Upton (MI) and Jeff Sessions (AL), sent a letter to the Department of Health and Human Services asking about the legal authority to fund the Risk Corridor section of ObamaCare. HHS wrote back explaining the “insurance” for health insurance companies would be considered a user fee – something that breaks the law because it was not listed as such in Obama’s budget. Upton and Sessions responded by writing, the law “does not specify a specific source of funding for the program… HHS may not make payments under Section 1342 absent additional congressional action appropriating funds for such payments. Without an explicit appropriation, any money spent on the risk corridor program would be based on an illegal transfer of funds and your agency could be held in violation of the Antideficiency Act.” So the Obama administration plans to break the very law it drafted. Getting the law funded correctly by going through Congress will turn the bill into ObamaCare fight 2.0. More…

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