Rep. DeLauro Grills Secretary Price on Enforcing the Affordable Care Act

WASHINGTON, March 29 -- Rep. Rosa L. DeLauro, D-Conn., issued the following news release:

Congresswoman Rosa DeLauro (CT-03) today pressed Tom Price, Secretary of the Department of Health and Human Services, to discuss how the Trump Administration will enforce the Affordable Care Act (ACA) and what actions the Administration may take to undermine it. During the exchange, Secretary Price stated, "So long as the law is on the books, we at the Department are obliged to uphold the law." However, Secretary Price refused to deny that there will not be a continued attempt to repeal the law. DeLauro is the Senior Democrat on the Appropriations subcommittee responsible for funding the Departments of Labor, Health and Human Services, Education, and Related Agencies.

Here is the exchange, as delivered:

DeLauro: Mr. Secretary, I'm just going to ask a bunch of questions, because I just have five minutes. What'd I'd like to do is to be able to get a 'yes' or 'no' answer on these questions.

Will the Administration commit to defending and continuing the cost-sharing efforts for low-income consumers? The Administration has done that so far, despite the House lawsuit against doing so. Will you commit to defending and continuing these payments? Yes or no?

Price: Ranking Member, as you know, the day that I was sworn in, it changed from House v. Burwell, to House v. Price, so I'm a party to that lawsuit and I'm not able to comment.

DeLauro: The clock is running out for insurers to make decisions for 2018, will the Administration make a decision before the next court deadline of May 21, if not sooner?

Price: I'm not able to comment.

DeLauro: Do you agree that should the Administration reject many cost-sharing payments, as it has done for the past three years and a half, insurers will drop out of the market and raise premiums because of your decision?

Price: As I said, I'm a party to that suit.

DeLauro: But you're not a party to whether or not--if the cost-sharing stops, that's a judgment question, will premiums go up and will insurers drop out of the market?

Price: This side of the question is incredibly important because premiums have risen and it's the commitment of this Administration to make certain that we are able to bring down costs for the American consumers, so that they are able to afford the kind of coverage...

DeLauro: The question is about the cost-sharing opportunities--will that drive up the costs?

Price: That's what I'm not able to comment on.

DeLauro: Let me then move to, will you uphold the laws of the land, even though you oppose.

Price: That's my sworn oath, yes.

DeLauro: Does that include enforcing the individual mandate, yes or no?

Price: So long as...

DeLauro: Yes or no?

Price: So long as the law is on the books, we at the Department are obliged to uphold the law.

DeLauro: Are you aware of the cost of not enforcing the individual mandate? CBO estimated in December that without the mandate, premiums would jump by 20 percent. Will you work to avoid such premium hikes by enforcing the current law?

Price: I think CBO has been--it puts a whole lot of stock in the individual mandate, and we would suggest that the proof isn't there to suggest that the individual mandate...

DeLauro: Will you work to avoid such premium hikes by enforcing the current law?

Price: I beg your pardon.

DeLauro: Will you work to avoid premium hikes as have been project by CBO by enforcing the current law? Yes or no?

Price: Ranking Member, I would suggest to you that the current law is increasing premiums and what we're trying to do, what the commitment of the Administration is, is to make certain that every single American has access to affordable coverage.

DeLauro: The Office of the Inspector General is investigating HHS's halting of advertising during open enrollment in January. Do you intend to halt advertising again this year? Yes or no?

Price: I haven't had any discussions about that--that was done prior to my arrival.

DeLauro: Will you maintain or expand the level of funding in activity provided during the 2017 open enrollment?

Price: What we're committed to is making certain that the American people have access to affordable coverage.

DeLauro: Will you maintain or expand the funding for the marketplace call centers, data-services hub, and navigators? Yes or no?

Price: Those questions actually depend on the outcome of this process, where this is the first step in the Appropriations process, so we'll see what resources...

DeLauro: No, there's a judgment call about whether or not--I don't know where the decision was made to cut off the advertising during the open enrollment period in January, but that cut off people's information about whether or not they should enroll or not. Will you continue that effort to disallow advertising to let people know about enrollment?

Price: That happened before my arrival.

DeLauro: What will you do?

Price: As I said, we're committed to making certain that every American has access to affordable coverage.

DeLauro: So you will continue to do the advertising? You will do advertising?

Price: We're committed to making certain that the American people have access to coverage.

DeLauro: You'll do advertising?

Price: I wouldn't commit to any specific entity because many of these things are allegedly increasing the cost...

DeLauro: Okay, that's what we're concerned about, Mr. Secretary. Let me talk about--the past four years, every eligible person, every corner of the nation, has at least one insurance company offering a number of health plans. That was because the Secretary of HHS worked with insurance companies, governors, state insurance commissioners to ensure access. Have you engaged with these key partners to date?

Price: Absolutely. We've met with many insurers across this country and what they tell us is that they are extremely concerned about the exchange market and the individual marketplace, telling us that they aren't certain, given the current construct of the law, how they're going to be able to continue to provide coverage for folks, and that's what we're concerned about, that's why we believe that it's imperative that we move in a direction that allows individuals the greatest opportunity to have choices in the coverage that they receive.

DeLauro: Right, does that include a public option, Mr. Secretary?

Price: I think that what we need to do is to make certain that again every single American has access to the kind of coverage that they want and that it's affordable. The sad point is that the current law is making it so that it's unaffordable for so many Americans.

DeLauro: I would assume by your conversation that there will continue to be an attempt, unlike what Mr. Ryan has said, or Speaker Ryan said, about looking at repealing the Affordable Care Act, rather than looking at strengthening and improving it.

Price: *silence*

Cole: You can answer.

Price: Is it a question?

DeLauro: Yes, repeal or strengthen and improve?

Price: As I said, the Department, the Administration, is committed to making certain that the American people have access to affordable coverage...

DeLauro: But does that include repeal?

Cole: The lady's time is expired.

DeLauro: I understand Mr. Chairman.

Price: We believe that the current law has harmed many individuals...

DeLauro: So you will continue to move at repeal is what I gain from that conversation. Thank you very much, Mr. Chairman.

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