Repeal of the Patient Protection and Affordable Care Act won't come easily, if it comes at all. Now lawmakers are focused on whether Health and Human Services Secretary Kathleen Sebelius improperly solicited assistance from the healthcare industry to help implement the unpopular law.
The 37th attempt by the U.S. House of Representatives to repeal the Patient Protection and Affordable Care Act passed earlier this month. But this bill, like its predecessors, is unlikely to be passed by the Senate.
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Frustrated House Republicans trying another angle, are now holding Health and Human Services Secretary Kathleen Sebelius in their crosshairs as they look into reports that she may have solicited funding or assistance from the healthcare industry to help implement some of the Patient Protection and Affordable Care Act.
Correspondence released Friday by the House Energy and Commerce Committee indicates that committee members are looking for answers about HHS fundraising efforts from 15 health insurance companies and organizations.
The letter was sent to Aetna, Blue Shield of California, CareFirst BlueCross BlueShield, Cigna, Coventry Health Care, Highmark, Humana, Independence Blue Cross, Kaiser Permanente, United Healthcare, WellPoint, America's Health Insurance Plans, the BlueCross BlueShield Association, H&R Block, and HCSC Group.
While efforts to reach health plans for comments were largely mixed over the long holiday weekend, a spokesperson for Blue Shield of California replied that although the health insurer is responding to the letter, "we were not contacted by the [HHS] Secretary or staff" for solicitation. Other health plans replied that they were unfamiliar with the letter. An AHIP spokesperson said the letter was still in the review process.
The House Energy and Commerce staff did not respond to a request for information about how the recipients of the letter were selected.
The Washington Post story that first disclosed the fundraising effort cites anonymous sources saying that Sebelius made "multiple phone calls to health industry executives, community organizations and church groups and asked that they contribute whatever they can to nonprofit groups that are working to enroll uninsured Americans."
That contact would be a no-no because HHS makes decisions that directly affect health plans.
For her part, Secretary Sebelius acknowledges that she requested funds from H&R Block, the tax preparation company, and the Robert Wood Johnson Foundation, a philanthropic organization.
The House committee is particularly interested in Sebelius's efforts on behalf of Enroll America, a private nonprofit group with close ties to the Obama White House. It is dedicated to assisting the implementation of the healthcare reform law, especially in getting information about health insurance exchanges out to millions of uninsured. Enroll America was founded by Ron Pollack, executive director of Families USA, an early advocate of the PPACA.
In its letter to health plans and other organizations, the committee requested all internal documents related to contact by anyone at HHS or anyone acting on behalf of HHS "requesting contributions to assist in the establishment and implementation of PPACA." Health plans are expected to provide the names of personnel within their organizations who were contacted by HHS and to detail "any plans, commitments, or initiatives by your company to contribute to the implementation of PPACA."
The committee also requested "materials related to any meetings held at the White House on the implementation of PPACA."
That is potentially a comprehensive and time consuming list. Wouldn't it be easier to bring Secretary Sebelius before the House Committee on Government Oversight and Reform, which has investigation and oversight jurisdiction, put her under oath, and ask her if she has contacted any health plans?
I'd like that. It could quickly put to rest yet another PPACA side show.
Instead, Republicans seem intent on stretching this story out as long as possible. Last week in a hearing completely unrelated to any real or perceived actions by Sebelius, Rep. Lankford (R-OK) turned to media reports about the funding solicitations. "These actions unduly pressure private companies to financially support implementation and promotion efforts. [They are] fearing HHS retribution if they don't contribute. The secretary must stop using unethical methods to fund the law's implementation."
Democrats, with the exception of the White House, have been largely quiet on the matter. Party leaders ought to encourage Secretary Sebelius to step out in front of this issue. Straightforward answers delivered by Sebelius, not her spokesperson, might work wonders.
Of course, all of this House action is politically motivated, but what isn't in Washington?
Healthcare reform is at a critical juncture this year. Casting aspersions on the government official most closely connected with the reform effort is a distraction that needs to be resolved very quickly. Sebelius holds that key. She should speak up.
Margaret Dick Tocknell is a reporter/editor with HealthLeaders Media.
