CEI Files Lawsuit Over Obamacare Exchange Documents

CEI v. HHS - No. 14-2138

This week the Competitive Enterprise Institute sued the Department of Health and Human Services (HHS) for failing to adequately respond to three Freedom of Information Act (FOIA) requests involving the Affordable Care Act’s health-insurance exchanges. The FOIA requests, filed with HHS and its Centers for Medicare & Medicaid Services (CMS) sought documents related to the agencies’ development of tax credit calculators on the federal Healthcare.gov website. 

CEI’s FOIA requests were filed in early September 2014, and CEI was entitled to a substantive response within 20 business days. To date, more than three months later, the agency has done nothing more than to assign tracking numbers to two of the requests and claim “unusual and exceptional circumstances.” 

Press Release:
December 18, 2014 – CEI Files Lawsuit Over Obamacare Exchange Documents

Legal Filings: 
December 22, 2014 – Amended complaint filed
December 18, 2014 – Complaint filed

Original FOIA Requests:
September 08, 2014 – FOIA request to HHS on tax credit communications
​September 08, 2014 – FOIA request to CMS/HHS on tax credit issues
​September 08, 2014 – FOIA request to CMS/HHS on contract issues

Related Content:
Beyond Gruber: How HHS Flip-Flopped on Federal Exchange Subsidies