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Dec 3, 2025
Health

Non-Partisan Watchdog Finds Consumer Harm and Tens of Billions of Taxpayer Dollars Wasted Due to Health Care Fraud in Affordable Care Act Plans

WASHINGTON, D.C.  – In a new preliminary  report  published by the Government Accountability Office (GAO), waste, fraud, and abuse have run rampant through Affordable Care Act marketplace plans, worsening health care plans for Americans, all while enriching big insurance companies. The new watchdog investigation finds large-scale systemic failures that allow fake identities, dead people, and massive improper use of Social Security numbers to receive Obamacare subsidies. As part of the analysis, GAO even conducted covert operations which even included creating fictitious identities that flooded health insurers with unjustified subsidies. In fact, 100 percent of fake applicants were approved by the ACA Marketplace as recently as late 2024, and 90 percent of fake applicants continue to receive coverage in 2025.  As the report notes, such practices can result in wasteful federal spending on subsidies for enrollees who are not eligible. Further, such practices can result in harm and unexpected costs for consumers. These can include loss of access to medical providers and medications, higher copayments and deductibles, or repayment of subsidies if income or other eligibility was misrepresented. The GAO investigation was  requested  by Committee on Energy and Commerce Chairman Brett Guthrie (KY-02), Committee on Ways and Means Chairman Jason Smith (MO-08), and Judiciary Committee Chairman Jim Jordan (OH-04).  Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce:  “Republicans have consistently prioritized protecting patients and taxpayers by ridding our federal health programs of the waste, fraud, and abuse that ultimately drive up costs for patients,”  said Chairman Guthrie.  “Republicans have sounded the alarm on the flawed structural integrity of Obamacare and how Democrats’ failed policies to temporarily prop up the program have exacerbated fraud, hurt patients, increased the burden on American taxpayers, and artificially masked the true health care affordability crisis plaguing Americans today. The concerning findings from GAO’s report further confirm that Republican efforts to strengthen, secure, and sustain our federal health programs are critical and necessary to ensure access to quality health care at prices Americans can afford.” Congressman Jason Smith (MO-08), Chairman of the House Committee on Ways and Means: “While Democrats defend waste, fraud, and abuse, Republicans are taking action to lower health care costs and protect care for all real, living Americans. GAO’s troubling report is the smoking gun that shows how this broken system, shielded by Democrat policies, has led to the federal government shoveling tens of billions of tax dollars to insurance companies through identity fraud and caused health care costs to skyrocket for all Americans,”  said Chairman Smith . “While Obamacare fraud is being confirmed by GAO, CMS, CBO and other outside reports, patients are suffering. They face higher health care costs and denied claims or delayed care when their providers struggle to verify which insurance is valid due to these fraud schemes. Rather than simply rubber stamp more bad spending and failed policies, we must take action to prevent further harm.”  Congressman Jim Jordan (OH-04), Chairman of the House Committee on the Judiciary: “For years, we were told we could keep our plan, keep our doctor, and premiums would go down. None of it happened. This new report confirms what we already knew: under Obamacare, hardworking Americans saw their premiums skyrocket and their healthcare choices shrink, all while fraud benefitted insurance companies. Obamacare was built on lies and broken promises that hurt families and drove up costs,”  said Chairman Jordan. GAO investigated the scope of improper payments and weakened program integrity within the ACA marketplace. Estimates based on analysis by both the Congressional Budget Office (CBO) and independent external research organizations indicate millions of enrollees in the ACA marketplaces may be enrolled improperly, costing taxpayers as much as $27 billion a year in improper payments and imposing a great deal of harm and distress on families and victims of alleged fraud. BACKGROUND: Investigators Created Fake Identities – and CMS Provided Taxpayer Subsidies GAO created fictitious identities with fake or never issued SSNs and still got subsidized ACA coverage, meaning criminals and fraudsters can too.  100 percent of fake applicants were approved in late 2024. 18 out of 20 fake applicants are still receiving subsidized coverage for 2025. CMS approved coverage even when no documents were requested or fake documents were submitted. This includes fake citizenship eligibility documents  confirming fraud concerns for illegal immigrants . Brokers were able to bypass verification by calling the call center and submitting applications without the applicant present. Monthly subsidies paid to health insurers on behalf of GAO’s fake identities exceeded  $12,300 per month . Shocking Misuse of Social Security Numbers Including a Single Social Security Number Used for Over 125 Policies for the Equivalent of 71 Years One Social Security Number (SSN) was used for “71 years” of subsidized coverage.  In 2023, one single SSN was used on applications for over  125 insurance policies  totaling over 26,000 days of coverage, the equivalent of 71 years. 66,000 SSNs in 2024 had more than a years’ worth of subsidized coverage. CMS does not block new applications using the same SSN and relies on a broken document-request process that often never works.  $21 billion in subsidies paid out with no evidence of tax reconciliation in 2023. That is 32 percent of all advanced premium tax credits (APTC) paid to identifiable SSN holders .  No reconciliation means no accountability, no verification, and likely billions in improper payments. Big Insurers Still Collecting Subsidies for Deceased Individuals 58,000 SSNs receiving APTC matched Social Security death data.  At least 7,000 were dead before coverage even began, meaning the applications used SSNs of deceased individuals.  $94 million in taxpayer-funded subsidies were sent to health insurers on behalf of deceased individuals. Explosive Growth in Unauthorized Plan Switches that Harm Consumers Bad actors engaged in mass unauthorized enrollment activity to chase commissions, resulting in: 160,000 likely unauthorized changes by three or more brokers in 2024. CMS itself received 275,000 complaints in just eight months (Jan–Aug 2024) from Americans who were enrolled in or switched into plans without their consent. Repeated Warnings Have Gone Unheeded by Democrats GAO has repeatedly warned that Obamacare subsidies are and have been at risk of fraud structurally.  For 2015 enrollment, GAO found that federal and state marketplaces approved coverage for fictitious applicants, and nearly all of those fake identities stayed enrolled—even after submitting fictitious documents or no documents at all. For 2016 enrollment, GAO again reported that CMS had failed to design basic eligibility safeguards, including controls to stop duplicate or overlapping subsidized coverage. These weaknesses were supercharged after Democrats enacted and repeatedly extended Biden’s COVID-era subsidy expansions, which facilitated millions of fully subsidized fraudulent enrollments, and without corresponding fraud controls, created the perfect environment for criminals, identity thieves, and unscrupulous brokers. With Stronger Integrity for Taxpayers, Republicans Have Taken Steps to Lower Premiums Republicans are focused on restoring accountability and fairness to the health care marketplace through program integrity reforms that save taxpayers billions of dollars and drive down costs for everyone: Full income and eligibility verification before subsidies are issued, ensuring assistance goes only to those who qualify. Ending “anytime” enrollment abuse that fueled fraudulent sign-ups and drove premiums higher for everyone. Closing loopholes that allowed illegal immigrants and other ineligible groups to access taxpayer-funded health benefits. Even the Congressional Budget Office has found that these measures have already produced $185 billion in savings for taxpayers and  reduced premiums by 0.6 percent . That’s real savings for working families. ###



Dec 1, 2025
Health

Chairman Guthrie Celebrates House Passage of Mikaela Naylon Give Kids A Chance Act

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued a statement following the House passage of H.R. 1262, the Mikaela Naylon Give Kids a Chance Act— a bipartisan piece of legislation which reauthorizes the FDA’s Rare Pediatric Disease (RPD) Priority Review Voucher (PRV) Program to incentivize the development of treatments for rare pediatric diseases, and authorizes the FDA to direct companies to study a combination of cancer drugs and therapies in pediatric trials. “H.R. 1262, the Mikaela Naylon Give Kids a Chance Act, builds on current programs to accelerate research and drug development for rare pediatric diseases, including cancer,” said Chairman Guthrie. “The reauthorization of the Rare Pediatric Disease Priority Review Voucher Program has led to over 50 new treatment approvals for nearly 40 different rare pediatric diseases, many of which had no options prior. The impact of this program is profound for patients, and I am grateful to the sponsors of this legislation and their commitment to promoting research and addressing gaps in pediatric therapeutics.” Background on H.R. 1262:   H.R. 1262 , the Mikaela Naylon Give Kids a Chance Act , is a comprehensive piece of legislation that increases access to innovative treatments for children by:  Reauthorizing the FDA Rare Pediatric Disease (RPD) Priority Review Voucher (PRV) Program through Fiscal Year 2029 and clarifies that orphan drug exclusivity applies to the approved indication, rather than the potentially broader designation;  Providing the Food and Drug Administration (FDA) with additional authority to require pediatric cancer trials for new combinations of drug therapies;  Authorizing the FDA to take enforcement action against companies that fail to meet pediatric study requirements under the Pediatric Research Equity Act (PREA);  Directing the FDA to establish an office in an Abraham Accord country to enhance facilitation with the agency; and   Requiring FDA to disclose to certain generic drug applicants if any ingredients cause a drug to be quantitatively or qualitatively different from the listed drug, speeding up patients access to more affordable medications.  ###



Dec 1, 2025
Health

Chairman Guthrie Celebrates President Trump’s Signing of SUPPORT Act

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued the following statement after President Trump signed H.R. 2483, the SUPPORT for Patients and Communities Reauthorization Act, into law. “Today, America celebrates the passage of the SUPPORT for Patients and Communities Reauthorization Act—legislation that takes significant steps toward reducing the toll illicit fentanyl and fentanyl-related substances take on our communities. As the Chairman of the House Committee on Energy and Commerce, I’m proud of the bipartisan work that has been done through this important legislation to continue empowering first responders, supplying recovery resources, and increasing access to treatment options for individuals with substance use disorders,” said Chairman Guthrie. “I want to thank President Trump for his continued commitment to combatting the opioid crisis, and the reauthorization of this legislation ensures continued investment in prevention, recovery, and hope for families nationwide.” Background: H.R. 2483 , the SUPPORT for Patients and Communities Reauthorization Act of 2025 , was reported to the full House from the Committee on Energy and Commerce by a roll call vote of 36 yeas – 13 nays and passed the full House by a vote of 366 yeas – 57 nays.  The Senate passed the legislation by unanimous consent on September 18. The SUPPORT Act:  Ensures first responders can access and administer naloxone;  Allows for enhanced SUD treatment options for pregnant and postpartum women;  Strengthens state PDMP systems;  Encourages individuals in recovery to participate in the workforce; and  Continues the supply of resources for Comprehensive Opioid Recovery Centers, which provide a full spectrum of treatment and recovery support services. ###



Nov 21, 2025
In the News

Rep. Fedorchak Op-Ed: Time to Fix the Unaffordable Care Act Block | Text

WASHINGTON, D.C.  – The following op-ed by Congresswoman Julie Fedorchak (ND-AL) appeared in the Bismarck Tribune this week. “Our health care system is broken, and North Dakotans know it. “The law that was supposed to make things better—the Affordable Care Act (ACA)—has not lived up to its name. “‘If you like your plan, you can keep it,’ leaders assured us. “‘A typical family will save up to $2,500 a year,’ they promised. “‘The ACA will help bring down health care costs and even reduce the deficit,’ they claimed. “Fifteen years later, none of that matches what North Dakotans have lived. Instead, we pay higher premiums and have fewer choices. And Washington is trying to hide the true costs with more and more subsidies instead of fixing the underlying problem. “The latest debate in Congress is over something called the Enhanced Premium Tax Credits. You’ve probably heard about these temporary credits and how they’re set to expire on January 1, 2026. Here’s what you’re not hearing: “First, the original Affordable Care Act subsidies do not expire. That support remains in law for everyone who qualifies, including the majority of the 42,000 North Dakotans who used the exchange last year. “What’s being debated now are the temporary extra subsidies Democrats added during COVID to make the credits more generous and expand eligibility to people earning beyond 400 percent of the federal poverty level. In North Dakota, that means a family of four earning over $125,000 a year. “From the beginning, Democrats wrote these enhanced subsidies to expire. Now, many of those same lawmakers are exasperated by the expiration date they set themselves! “Second, making these temporary subsidies permanent is  enormously expensive : $350 billion over the next 10 years. And despite that massive taxpayer investment, experience proves just one thing: Americans will continue to pay more—a lot more—for health care. “Since the enhanced credits were enacted in 2021, insurance companies have raised premiums by 31 percent nationally. “Third, these payments don’t show up in your wallet to buy down the cost of your healthcare. This money goes directly to insurance companies, with no requirement that it’s used to reduce prices or improve care. “Lastly, massive fraud plagues this program. ‘Phantom Enrollees’—people enrolled on paper but who have zero claims—now make up roughly 35 percent of marketplace enrollees. National insurance companies get paid for millions of nonexistent ‘phantom’ patients, while North Dakota farm families and small business owners continue to pay rising premiums. This makes no sense. “Some in Washington celebrate all this and call it ‘affordable.’ North Dakotans know better. Pouring more taxpayer money into a program every year to make it look affordable, isn’t affordable at all. “Clearly, we need an off ramp from these massive payouts to insurance companies. They aren’t working. So, what are the alternatives? “Republicans have been working for years on reforms to drive down costs, increase transparency, and put patients back in charge. In fact, we passed several improvements in the Working Families Tax Cut plan (One Big Beautiful Bill) earlier this year. According to the nonpartisan Congressional Budget Office (CBO), our House-passed reforms to crack down on fraud and support cost sharing reductions would have reduced ACA premiums by nearly 13 percent and saved taxpayers more than $130 billion over 10 years. Sadly, Democrats stripped these out of the final bill in the Senate. These reforms are a good starting point. “Importantly, we should direct tax credits to individuals, not insurance companies, and strengthen direct-to-patient tools like Health Savings Accounts and flexible spending accounts. Let’s put families back in the driver seat of their own care and encourage healthier decisions. “And while we work toward these fundamental changes, we have other bipartisan reforms ready to go: Price transparency legislation—including the Lower Prices, More Transparency Act—which passed the House last year to give patients clear information to compare costs and quality.   Comprehensive PBM reform to end practices that drive up drug prices.   Patent reform to increase the number of lower-cost generic medications available to patients.   340B reform to direct discounts to patients and strengthen the rural hospitals the program was designed to support.   Prior authorization reform to stop unnecessary delays that prevent patients from getting timely care. “North Dakotans, and Americans everywhere, are fed up with our health care system. It’s time for all stakeholders in the system, and leaders in Washington, to move beyond the superficial talking points to real reforms that make health care affordable.”   ###



Nov 17, 2025
Health

Chairmen Guthrie and Joyce Pen Letter to CMS Following HHS Announcement Decertifying South Florida OPO and Implementing Further Safety Guidelines for the Organ Procurement and Transplant System

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman John Joyce, M.D. (PA-13), Chairman of the Subcommittee on Oversight and Investigations, sent a letter to the Centers for Medicare and Medicaid Services (CMS) requesting a briefing to better understand the Department of Health and Human Services’ (HHS) recent actions and ongoing work to enhance safety within the organ procurement and transplantation system. On Thursday, September 18, 2025, the Department of Health and Human Services (HHS) announced major efforts to improve safety, transparency, and efficiency within the organ procurement and transplantation system, including the decertification of an organ procurement organization (OPO) for the first time in U.S. history. According to the announcement , the decision was made “after an investigation uncovered years of unsafe practices, poor training, chronic underperformance, understaffing, and paperwork errors.” The Committee has a history of ensuring patient safety remains the highest priority in our organ procurement and transplantation system, as evident from the Committee’s work last Congress on organ transplantation and donation issues as well as its oversight this Congress. As a part of its ongoing investigation, the Committee requests that CMS respond to questions, including those related to the decertification of the OPO in South Florida and the prevalence of incidents similar to those outlined in the Health Resources and Services Administration’s (HRSA) investigative report, to ensure patient safety remains a top priority. Read the full letter HERE . “While the Committee applauds efforts taken by CMS to uphold the highest standards of care to which all OPOs are expected to adhere, HHS’s announcement decertifying the Life Alliance Organ Recovery Agency illustrates the urgency of this moment and why the subcommittee is not finished with our oversight of the organ transplant system,” said Chairmen Guthrie and Joyce. “It is our moral obligation as members of Congress to establish safeguards and prevent these harmful practices from persisting further, and we look forward to obtaining answers from the agency about the prevalence of these incidents, as well as how CMS plans to proceed with prioritizing patient safety first and foremost.” Background: During the 118th Congress, the Committee on Energy and Commerce led the passage of the Securing the U.S. Organ Procurement and Transplantation Network Act to both modernize the Organ Procurement and Transplantation Network (OPTN) and allow HRSA to institute a competitive contracting process to find the best contractors for various OPTN functions. This legislation was signed into law on September 22, 2023.  On March 20, 2024, the Committee launched an investigation into the organ procurement and transplantation system by sending a letter to United Network for Organ Sharing (UNOS) requesting information related to concerns surrounding data security and operability, patient safety and equity, and conflicts of interest.   On March 20, 2024, the Committee also sent a letter to HRSA requesting information related to implementation of the Securing the U.S. Organ Procurement and Transplantation Network Act as well as other concerns related to effective oversight and management.  On September 11, 2024, the Subcommittee on Oversight and Investigations held a hearing that focused on the implementation of reforms at the OPTN, including the need for stronger oversight and accountability as well as ongoing patient safety concerns.  During the hearing, questions were raised related to allegations of mismanagement and patient safety concerns after patients began exhibiting signs of increased neurologic function after being previously deemed suitable as an organ donation candidate. Several of these allegations, particularly those related to patient safety, were later substantiated through the findings contained in HRSA’s March 2025 report.  On March 24, 2025, HRSA’s Division of Transplantation issued a report that summarized the findings of its investigation into KYDA, the OPO now known as Network for Hope, which serves Kentucky and parts of Ohio, West Virginia, and Indiana.   HRSA’s investigation examined an “index case” and an additional 351 unique cases of authorized, not recovered (ANR) patients. This means that the patients were considered for donation after circulatory death recovery, but no organs were transplanted. The report showed that nearly 30 percent of the cases “had concerning features.” The concerning features included problems with patient-family interactions, medical assessments and team interactions, recognition of high neurologic function, and recognition and documentation of drugs in records.  On May 28, 2025, HRSA issued a corrective action plan to the OPTN, which directed the OTPN to take specific actions within a specified period of time, including developing a 12-month OPTN monitoring plan for KYDA to address concerns identified. The corrective action plan also requires the OPTN to propose policies for public comment to improve safeguards for potential donation after circulatory death (DCD) patients in the organ procurement process and increase information shared with patient families regarding DCD organ procurement.  On July 22, 2025, the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations held a hearing examining concerning practices within our nation’s organ procurement and transplant system that were identified by HRSA’s investigation.  On September 12, 2025, the Committee sent a bipartisan letter to HRSA requesting a briefing on its ongoing oversight of patient safety in our nation’s organ procurement and transplant system. ###



Nov 17, 2025
Health

E&C Leaders & Health Experts Reinforce the Benefits of President Trump’s Working Families Tax Cuts

WASHINGTON, D.C.  – In President Trump’s historic Working Families Tax Cuts, House Republicans implemented provisions that protect our federal health care programs for the traditional Medicaid population—our expectant mothers, their children, low-income seniors, and individuals with disabilities. FACT: The enactment of the Working Families Tax Cuts emphasized the need for and importance of guardrails to stabilize and strengthen the Medicaid program for the vulnerable Americans it was designed to serve and assist for generations to come. Republicans remain adamantly opposed to Democrat policies that allow illegal immigrants, able-bodied adults choosing not to work, and people who aren’t actually qualified for Medicaid (or at times people who are dead or enrolled in two state programs at the same time) to continue consuming resources from a rapidly growing system. The Republican solution invests billions into long-term care for our seniors and people with disabilities by establishing a new pathway for states to offer home and community-based services to more people who are in need. The new investment will lead to an increase in tens of billions of new dollars in long-term care spending, while also diverting and delaying the eventual need for more expensive, acute care. Democrats’ continued efforts to mislead Americans through false claims that the traditional Medicaid population will lose their care because of this bill are simply not true. Nothing in the Working Families Tax Cuts law would change benefits for pregnant women, children, seniors, or individuals who are disabled. Instead, the bill included numerous commonsense provisions that reduce abuse in the program and allow Medicaid resources to help uplift the traditional Medicaid population and ensure Medicaid remains a safety net for generations to come. “Time and again, Republicans have fought for strengthening, sustaining, and securing the Medicaid program for our most vulnerable Americans—expectant mothers, children, low-income seniors, and individuals living with disabilities,” said House Committee on Energy and Commerce Chairman Brett Guthrie . “No matter how many times we emphasize the point, the truth of the Working Families Tax Cuts law stays the same: despite the claim of left-wing media, members of the traditional Medicaid population will not lose coverage due to this law. Republicans are enabling the Medicaid program to serve its intended purpose, and we will continue to fight for solutions that protect the program for generations to come.” “House Republicans advanced a legislative product that lowers health care premiums, promotes community engagement and delivers fairness and accountability to our health care system. The Working Families Tax Cuts increases oversight efforts as part of a larger package of Medicaid program integrity measures to more precisely serve the traditional Medicaid and the Medicaid Expansion populations,” said Health Subcommittee Chairman Morgan Griffith . “Progressive Democrats and their Congressional allies are desperate as they try to pan the Working Families Tax Cuts as devastating to the traditional Medicaid population, which is not true! The traditional Medicaid population, which includes expectant mothers, low-income seniors, children and individuals with disabilities, is not affected by our bill!” “AFP proudly supported the Working Families Tax Cut Act, and we’ll defend it to our dying day. With this landmark law, Republicans averted the biggest tax hike in American history, secured the border, and unleashed America’s energy abundance, and delivered on some of the most important, pro-patient health care reforms in a generation. We especially applaud Republicans for disregarding Democrats’ hyperbolic claims and histrionic scare tactics aimed at blocking any change to Medicaid, a vital part of our nation’s health care safety net. Years of Democratic neglect and profligacy have allowed Medicaid to become swollen with waste, fraud, and abuse, including billions in ‘free’ health care for illegal immigrants. Republicans have come to the rescue, preserving Medicaid for low-income, disabled, and other vulnerable Americans—refocusing it on those who need it most. And they did it without cutting benefits in any way. We also applaud the new law because it boldly advances a Personal Option—affordable health care you can trust,” said Senior Health Policy Fellow at Americans for Prosperity, Dean Clancy. “Only a few months old, it’s already increasing the quality and accessibility of health care by expanding access to powerful tools like tax-free Health Savings Accounts and exciting new options like direct primary care, which gives patients affordable, round-the-clock access to the doctors they trust—without insurance company meddling. On behalf of our thousands of grassroots activists, we applaud President Trump and his fellow Republicans for taking the first big leap toward the affordable, personalized health care system Americans want and deserve.” “The Working Families Tax Cuts rightfully refocuses Medicaid on low-income children, pregnant women, the elderly, and the disabled. It does this by preserving federal health programs for citizens and lawful residents. It requires able-bodied, working-age adults to work, go to school, or volunteer to receive benefits. It cracks down on corporate-welfare schemes that direct billions of dollars to wealthy, politically connected insurers and hospitals. And it reduces waste, fraud, and abuse that divert resources from those that truly need it,” said President of Paragon Health Institute, Brian Blase, Ph.D. “As Director of Able Americans, I’m encouraged to see the Working Families Tax Cuts (WFTC) include two key provisions that will directly improve the lives of Americans with disabilities. “First, the WFTC incorporates the Helping Communities with Better Support (HCBS) Act, which expands access to Medicaid home- and community-based services for individuals with disabilities and their caregivers. This provision increases transparency and accountability for those waiting for care—an essential step toward dignity and choice. “Next, the bill strengthens ABLE Accounts by extending vital tax provisions that help people with disabilities save for their futures without fear of losing benefits like Medicaid. It codifies a $1,000 savers credit and allows families to roll over 529 education savings accounts into ABLE Accounts—promoting financial security, independence, and flexibility for those navigating work and long-term care needs. “Importantly, the WFTC protects the future of Medicaid for the most vulnerable it was intended to serve. WFTC adds critical protections against abuse of the program and adds a community engagement requirement for expansion-population, able-bodied adults. Those who are unable to work because of their disability or who are receiving medical care are not included in this requirement,” said Director of the National Center’s Able Americans Program, Rachel K. Barkley. What Republicans Did Under the Working Families Tax Cuts: The law made historic investments for the most vulnerable.   Through the $50 billion dollar investment from the Rural Health Transformation Program, states have the opportunity to bolster their ability to care for the vulnerable by:   Helping maintain essential services like emergency room care, labor and delivery services, and behavioral health care;   Funding rural emergency medical services (EMS) and support training for new EMS personnel; and/or   Investing in technology infrastructure to help communities better access care, to name only a few examples.   The Working Families Tax Cuts law also implemented the largest ever investment in Home and Community Based Services, which are vital for members of the traditional population such as seniors and individuals who are disabled. Republicans reinstated States’ ability to conduct more frequent eligibility redeterminations for able-bodied adults.   This strengthens program integrity by requiring states to check eligibility every six months to ensure enrollees—particularly the able-bodied, working-age adult expansion category—are unable to take advantage of a system that was created to protect our most vulnerable.   This law also takes action to prohibit Medicaid from wasting money covering beneficiaries who have died, or the same individual enrolled in multiple states. WFTC cracked down on States’ capacity to provide Medicaid coverage to non-citizens.   States should not be granted more federal funding for providing care to non-citizens then they are for our pregnant women, their children, low-income seniors, and individuals with disabilities. The law increased personal accountability for able-bodied, unemployed adults within the expansion population to lift Americans out of poverty and re-enter society.  Establishing work requirements for able-bodied adults who are choosing not to work helps ensure that Medicaid is there to continue to support future generations of Americans most in need—our expectant mothers, low-income seniors, children, and individuals with disabilities. The Working Families Tax Cuts law set a $1 million limit on the home value people can keep when applying for Medicaid, ensuring help goes to those who truly need it.   The bill includes commonsense policies to ensure resources are focused on those who need it the most, not on people with million-dollar homes. The legislation reduced States’ reliance on gimmicks that shift costs of care for members of the expansion population onto the federal taxpayer, making sure states are paying their fair share.   States have been taking advantage of federal taxpayers to inflate their Medicaid programs, especially in expanding care for able-bodied adults. Our legislation holds state accountable. CLICK HERE to read the Fox News article, Republicans, health experts push back on Democrats’ Medicaid ‘scare tactics’ ###



Nov 8, 2025
Health

FDA Announces Recall of ByHeart Whole Nutrition Infant Formula Due to Outbreak of Infant Botulism

WASHINGTON, D.C.  – Today, Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, issued the following statement in response to an announcement by the Department of Health and Human Services (HHS) of a decision to recall ByHeart Whole Nutrition Infant Formula due to an outbreak of infant botulism, which is currently being investigated. “The Committee has a history of conducting oversight of infant formula matters to ensure adequate supply is safe and readily available for families and children. President Trump’s FDA has also done important work through Operation Stork Speed to address these issues, and I am pleased to see his Administration take swift action to restore confidence for caretakers when it comes to their little ones’ nutritional needs,” said Chairman Guthrie . “I am grateful to HHS Secretary Kennedy and FDA Commissioner Makary for furthering our commitment to protecting children and mothers through improving the safety and availability of the domestic infant formula supply.”   Background:    The Committee has conducted extensive oversight of the Biden Administration’s mishandling of the infant-formula shortage and challenged the U.S. Food & Drug Administration (FDA) on its preparedness, inspection practices, and responsiveness to early warnings about the formula crisis.  On May 25, 2022, the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations held a hearing titled “Formula Safety and Supply: Protecting the Health of America’s Babies” during the infant-formula shortage to examine supply, safety, and what further action was needed.  Following the hearing, the Committee sent a letter to then FDA Commissioner, Robert M. Califf, directing the Biden Administration to provide access to the memos and reports sent to the White House and demanding that the administration be completely transparent with parents who deserve answers.   On September 21, 2022, Energy and Commerce Republicans convinced Committee Democrats to join in passing a bipartisan resolution  requesting that the Biden administration turn over documents related to the baby formula shortage. H.Res.1287 was reported out of the committee by a vote of 54-0.    Chairman Guthrie has also introduced legislation to help prevent future baby formula shortages—the More Options for Infants and Parents Act— and signed on as a cosponsor to the Improving Newborn Formula Access for a Nutritious Tomorrow (INFANT) Act , to enhance testing of infant formula for contaminants and improve resilience of supply. ###



Nov 5, 2025
In the News

ICYMI: Democrats Blocked GOP Measure to ‘Lower Premiums by Nearly Double’

WASHINGTON, D.C. – In case you missed it, Breitbart recently featured Congressman Brett Guthrie (KY-02), Chairman of the House Committee on Energy and Commerce, and Congressman Morgan Griffith (VA-09), Chairman of the Subcommittee on Health, who shared ways in which Republicans have already voted to lower health care premiums that Democrats opposed in the Working Families Tax Cuts. In Case You Missed It: “House Energy and Commerce Committee Chairman Brett Guthrie (R-KY) and Health Subcommittee Chairman Rep. Morgan Griffith (R-VA) told Breitbart News that Republican proposals would have lowered health insurance premiums by nearly double compared to the Biden-era enhanced Obamacare credits. “What we’ve heard from both sides of the aisle is that Obamacare is not affordable. But what we’ve not heard is Democrats acknowledge the waste, fraud, and abuse that’s been enabled by these temporary subsidies — including massive handouts to big health insurance companies and expanded taxpayer subsidies to the wealthiest Obamacare enrollees,’ Guthrie told Breitbart News in a written statement. “Congressional Democrats’ demands to open the government are partly based on the premise that affordable health care is out of reach for many Americans. What Democrats now want as part of $1.5 trillion in additional federal spending is a permanent and everlasting program that they designated to expire in 2025,’ Griffith told Breitbart News. “The congressmen spoke to Breitbart News as the Democrat shutdown has continued for more than a month. Democrats shut down the government over expiring Biden-era enhanced Affordable Care Act (ACA), or Obamacare, credits. Democrats first enhanced the Obamacare credits through the Biden coronavirus stimulus plan, the $1.9 trillion American Rescue Plan. The Democrat party then continued the credits with the passage of the so-called Inflation Reduction Act until the end of 2025, where Guthrie says they spent most of the month refusing to work with Republicans on meaningful solutions to lower healthcare costs. “With the Democrat-designed sunset date of December 31 for these COVID-era subsidies, we could have been utilizing this month to continue finding more tangible, meaningful solutions to make health care more affordable for Americans. Instead, Democrats chose to hold the American people hostage over billion-dollar handouts to big insurance companies,’ the Energy and Commerce Committee chairman continued. “Democrats initially created the temporary COVID-19 era ‘enhanced’ premium tax credits to help people who struggled from the economic fallout of the pandemic. But now, Democrats are doubling down on the temporary ‘enhanced’ credits as a means to subsidize Obamacare,’ Griffith said. “He added, ‘Whether intended or not, this is a stunning admission that President Obama’s signature healthcare program, Obamacare, has failed to provide affordable health care to the American people. Issues to soften the impacts of the Democratic Party’s failed policies can be discussed if we get the government open again.’ “Republicans such as Guthrie have criticized the Obamacare enhanced credits, more formally known as the Enhanced Premium Tax Credit (EPTC), because they are essentially direct payments to health insurers to lower healthcare costs. “While Democrats such as House Minority Leader Hakeem Jeffries have accused Republicans of not wanting to provide health care to ‘everyday Americans,’ Democrats moved to nix substantial reform that would have drastically lowered health insurance premiums while the Big Beautiful Bill worked its way through the Senate. “In June, Democrats lobbied the Senate parliamentarian to scrap the ACA cost-sharing reduction payments (CSRs) from the Big Beautiful Bill, saying that it violates the Byrd Rule and thus requires 60 votes to be included in Trump’s Big Beautiful Bill. Funding CSRs would lower benchmark silver premiums used to set subsidy amounts. CSR payments are a type of financial assistance that would help lower out-of-pocket costs for eligible individuals and families that enroll in a Silver Obamacare plan. “The Congressional Budget Office (CBO) found that these healthcare reforms would have lowered healthcare premiums by 12.7 percent and reduced costs by decreasing the need for Obamacare EPTCs CSR. CSR would have lowered costs by $30.8 billion. “Andy Slavitt, President Barack Obama’s Centers for Medicare & Medicaid Services (CMS) administrator, in 2017 said that CSR payments would drastically reduce health insurance premiums: “Democrats have not once approached me, or my staff, to find a path forward. Republicans, time and again, have voted for policies that lower healthcare premiums by nearly double what extending Democrats’ temporary COVID Credits would. Democrats unanimously opposed these commonsense policies and actively worked to undermine our efforts to lower premiums for the 7 percent of Americans who choose to enroll in an Obamacare plan. We stand ready to work across the aisle to advance real solutions that address the root causes impacting health care affordability,’ Guthrie continued. “The Biden-era enhanced Obamacare credits were meant to alleviate the costs of the pandemic and will soon expire. The generous nature of the subsidies gave some of the wealthiest Americans access to these benefits. This includes, according to the Energy and Commerce Committee: In North Carolina, an early retiree worth over $10 million qualified for over $17,000 in annual taxpayer subsidies for his Obamacare plan. Accountants in Texas were actively advertising how they were helping multi-millionaires get free or nearly free health insurance based on Democrats’ temporary COVID Credits. A family of four in Arizona making $600,000 a year, a married couple in West Virginia making $580,000, a single person in Vermont making $180,000 a year… taxpayers were suddenly subsidizing these people’s Obamacare plans thanks to the Democrats’ temporary COVID Credit policy. “The Paragon Health Institute estimated that annual Obamacare enrollment fraud could exceed $26 billion. The same think tank also found that the expiring Obamacare credits minimally impacted 2026 premiums, which counters a Democrat narrative that the expiration of those credits is responsible for health insurance price increases.” ###



Sep 19, 2025
Press Release

ICYMI: Washington Examiner Feature: House Pushes for Transparency About ‘Threats to Patient Safety’ in Organ Transplant System

WASHINGTON, D.C.  – In case you missed it, the Washington Examiner published an article featuring a letter from House Committee on Energy and Commerce Chairman Brett Guthrie (KY-02) and Ranking Member Frank Pallone Jr. (NJ-06), along with Energy and Commerce Subcommittee on Oversight and Investigations Chairman John Joyce, M.D. (PA-13), and Ranking Member Yvette D. Clarke (NY-09), requesting a briefing on HRSA’s ongoing oversight of patient safety in the nation’s organ procurement and transplant system. In Case You Missed It: “House Republicans and Democrats are pressing the Department of Health and Human Services to increase transparency on possible ‘systemic problems’ and ‘threats to patient safety’ in the national organ transplant system, according to a letter obtained by the Washington Examiner. “Bipartisan leadership on the Energy and Commerce Committee wrote to Health Resources and Services Administrator Thomas Engels on Friday, probing whether the agency is able to conduct a wide-ranging review of patient safety after multiple reported incidents of organ donor patients being egregiously mistreated by organ procurement organizations. “Chairman Brett Guthrie (R-KY), along with ranking Democratic Rep. Frank Pallone (NJ), John Joyce (R-PA), and Yvette Clarke (D-NY), said in a joint statement on Tuesday that their investigation into the organ procurement system ‘has demonstrated the need for further oversight’ and that problems may exist nationwide. “The American people should be able to have full faith and confidence in our organ donor and transplant system, and we will continue to work together to prevent these harmful practices from continuing,’ said the bipartisan representatives in their statement. “The Energy and Commerce Committee began its longer-term investigation testimony last fall about a Kentucky patient, Anthony Thomas Hoover II, whose family agreed to proceed with organ donation following an overdose in 2021. “Although Hoover’s neurological condition improved, representatives from the Kentucky Organ Donor Affiliates, the organ procurement organization serving Kentucky, moved forward with the organ retrieval process. Records indicate that Hoover woke up on the operating table before the retrieval surgery, and hospital staff intervened to stop the procedure. “HRSA, which oversees the national Organ Procurement and Transplantation Network and its contractor organ procurement organizations, conducted its own internal investigation into the Kentucky situation following the revelation of Hoover’s case. “The HRSA corrective action plan, issued in May, examined 351 organ procurement cases in Kentucky between December 2024 and February 2025 that did not result in donation. “About 30% of those cases, 103 patients, presented ‘concerning features,’ including 73 patients who showed neurological signs of life after being approved for organ donation surgery and 28 patients who may have survived entirely since there was no cardiac time of death recorded. “Other ‘concerning features’ of the incidents in the HRSA report, according to Guthrie and his House colleagues, include ‘issues related to patient and family interactions, medical assessments and healthcare team interactions, recognition of high neurological function, and recognition and documentation of drugs in patient records.’ “HRSA’s testimony and other public reports suggest that these patterns are not limited to instances detailed in HRSA’s report and may exist in other parts of the country,’ Guthrie and his colleagues wrote. “The bipartisan representatives in their letter cited a New York Times piece published in August about Misty Hawkins, 42, from Alabama, who was taken off life support in the spring of 2024 and prepped for organ donation. Doctors discovered while she was on the operating table that her heart was still beating and she was breathing during her organ retrieval surgery. “Last week, another story came to light of a 22-year-old patient from Kentucky who, in 2019, was taken to surgery to have his organs removed for donation despite still having a heartbeat and not being declared brain dead. “Larry Black Jr., who arrived at the hospital a week prior due to a gunshot wound to the head, was rescued from surgery just in time by another physician. Now at 28, he is a father to three children. “HHS Secretary Robert F. Kennedy Jr. directed HRSA in July to conduct a deeper investigation into the Kentucky organ procurement case, saying that ‘the entire system must be fixed to ensure that every potential donor’s life is treated with the sanctity it deserves.’ “But the agency has not yet announced plans for a nationwide review of organ transplant systems. “Guthrie and his House colleagues requested that HRSA provide more information on the current status of all patient safety complaints that the agency has received and whether or not HRSA has the capacity ‘to initiate other wide-ranging reviews appropriate, in response to a patient safety complaint that may suggest a systemic problem.’ “The committee requested a staff-level briefing no later than September 26. “Americans’ confidence in the system comes when patient safety is protected,’ said the bipartisan House coalition.”   ###