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.”
December 18, 2014 – CEI Files Lawsuit Over Obamacare Exchange Documents
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
Beyond Gruber: How HHS Flip-Flopped on Federal Exchange Subsidies