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Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) today announced that UnitedHealth Group, Inc., CEO Andrew Witty will testify before the Subcommittee on May 1. UnitedHealth is the parent company of Change Healthcare, one of the nation’s largest providers of health care payment management systems, which experienced a cyberattack on its platforms on February 21, 2024. "Americans are still dealing with the fallout of the Change Healthcare hack. Individuals and smaller providers, in particular, have struggled financially following the cyberattack, threatening critical access for patients,” said Chairs Rodgers and Griffith. “While we’re disappointed that UnitedHealth could not join us for the recent Health Subcommittee hearing on cybersecurity, we look forward to learning more on what happened in the lead up to, and in the weeks following, the attack. This hearing will help inform the Committee as we continue working toward solutions that protect the health and well-being of all Americans.” WHAT : A hearing to discuss the cyberattack on Change Healthcare and how it impacts patients and providers. DATE : Wednesday, May 1, 2024     TIME : 2:00 PM ET LOCATION : 2123 Rayburn House Office Building WITNESSES : Andrew Witty, CEO, UnitedHealth Group, Inc.   This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Lauren Kennedy with the Committee staff at Lauren.Kennedy@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov .  NOTE :  On April 15, the Chairs and Ranking Members of the Full Committee and Health and Oversight subcommittees wrote a letter to Mr. Witty seeking more information about the cyberattack.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Subcommittee Republicans, wrote to Department of Health and Human Services (HHS) Secretary Xavier Becerra.  The letter outlines concerns with the role HHS Office of Civil Rights (OCR) plays—or fails to play—in investigating instances of sexual harassment that occurs at research institutions which receive grants from the National Institutes of Health (NIH).  KEY EXCERPTS :  “There have been several public reports of sexual harassment occurring on NIH-funded research or NIH-supported activities over the last decade, and it raises concerns about what, if any, actions the NIH has taken to resolve these issues. The NIH’s own statistics show a significant problem with more than 300 cases related to sexual or gender harassment since 2018—with about a third of those allegations being substantiated. This also represents hundreds of men and women who may be forced to operate in a hostile or unsafe research environment.”  [...]  “According to the HHS website, OCR does investigate and resolve complaints of sexual harassment in the education and health programs of recipients of grants or other federal financial assistance from HHS—including the NIH. Moreover, HHS OCR is required to conduct periodic compliance reviews of institutional Title IX programs to ensure compliance with the law—including examining the way in which complaints are handled by the institution.”  The Chairs have requested answers to questions about HHS OCR’s role by April 30, 2024.  BACKGROUND :  Based on a recommendation from the U.S. Government Accountability Office (GAO), HHS OCR and the NIH adopted a memorandum of understanding (MOU) to facilitate communication between the two components of HHS as it relates to sexual harassment.   This MOU was intended to clarify procedures on how the enforcement arm of HHS and the grant-making arm share valuable information with one another in an effort to respond appropriately to complaints of sexual harassment and prevent federal grant money from going to those with a history of sexual misconduct.   TIMELINE OF INVESTIGATION :  August 10, 2021 : E&C Republican Leaders Question NIH’s Handling of Sexual Harassment Complaints  August 11, 2022 : E&C Republican Leaders follow up with NIH on Insufficient Response to its Letter on the NIH’s handling of Sexual Harassment  November 30, 2022 : E&C Republicans to NIH: Turn Over Previously Requested Information Ahead of New Congress  March 14, 2023 : E&C Republicans Press NIH for Information on Handling of Sexual Harassment Complaints  October 6, 2023 : E&C Republicans Signal Intent to Issue Subpoenas to Obtain Information on NIH’s Handling of Sexual Harassment if Questions Go Unanswered  January 26, 2024 : Chair Rogers notifies NIH of Imminent Subpoena  February 5, 2024 : Chair Rodgers Subpoenas NIH for Documents Related to Investigation into Sexual Harassment at NIH and NIH Grantee Institutions February 20, 2024: HHS Responds on behalf of NIH to offer a rolling in camera document review to the Committee. Documents produced in the review have been highly redacted, including the redaction of the names of individuals convicted of criminal offenses, public news articles about individuals who have been found guilty of harassment, and redaction of the names of the institutions where the abuse occurred—effectively preventing the Committee from understanding if NIH continues to fund work performed by substantiated abusers at other institutions—a practice known as “pass the harasser.”

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Oversight and Investigations Subcommittee hearing titled "Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid." “Today’s hearing gets to the heart of a dire concern: the fiscal health of this nation.   “Each dollar misappropriated, spent improperly, or diverted from its intended use, only further burdens our already staggering national debt.   “In the case of improper payments in Medicare and Medicaid, it also a threat to the long-term ability of these programs to provide quality care for our nation's vulnerable populations.  “For Medicare, especially, this cuts into the solvency of the program, which is currently slated to run out of money in 2031.”  ONGOING EFFORTS   “House Republicans have been raising the alarm on the need to address improper payments for years.   “This Committee has sent multiple letters to Inspector General Grimm’s office on issues, such as payments to deceased beneficiaries and those enrolled across multiple states.  “We’re probing options for how states might strengthen their systems for beneficiary verification and eligibility detection.”  SCOPE OF IMPROPER PAYMENTS   “It’s appalling to see the government’s disregard for taxpayer funds.   “Since 2005, the federal government has recorded a staggering $2.7 trillion in improper payments, a clear and unacceptable systemic failure.  “This mismanagement indicates not only a lack of internal control but also a severe deficiency in program integrity that undermines public trust in government.  “Federal-state cooperation is vital in health care delivery, and I hope our hearing today will inform ideas to strengthen that partnership.   “However, my frustration mounts with an administration that seems to prioritize spending sprees over meaningful stewardship of taxpayer’s hard-earned money.”  UNANSWERED BUDGET NEUTRALITY QUESTIONS   “For instance, the administration significantly altered the 'budget neutrality' policy within Medicaid's Section 1115 demonstrations.   “Despite these changes, they have not updated the guidance outlined in an August 2018 letter to State Medicaid Directors, which is still listed on the CMS website as the current policy.  “This letter originally set forth the rules for calculating budget neutrality in Medicaid demonstrations, ensuring that these initiatives do not result in increased federal spending.   “The failure to update this guidance leaves states and the public relying on outdated information, potentially leading to misunderstandings and misalignments with the actual fiscal policy being implemented.   “Budget neutrality ensures that any new health care initiative under these demonstrations won't cost the federal government more money than existing programs.   “These unexpected changes have profoundly changed policy frameworks that dictate the allocation of billions in taxpayer dollars.   “This approach to policy making, which implicates significant taxpayer funds, is concerning.   “I extend my gratitude to the Comptroller General for addressing this critical matter in his written statement, underlining the pressing need for transparency and fiscal responsibility in managing these significant policy shifts.  “Despite our Committee's efforts, most notably through an October 2023 inquiry to CMS, our questions have been met with a disappointing silence.   “This lack of communication is just another example of this administration's reluctance to engage in good faith with congressional oversight and uphold a standard of transparency that is critical for public trust and the responsible management of taxpayer dollars.   “We are at a crossroads where continued inaction is not just irresponsible, it threatens the future of these critical benefits.   “Today, we seek answers to shortcomings in transparency, accountability, and fiscal prudence.  “Today, not only will we continue to highlight these issues, we will talk about what we are doing to address them through robust oversight and smart policy solutions.”

Washington D.C. — House Energy and Commerce Oversight and Investigations Subcommittee Chair Morgan Griffith (R-VA) delivered the following opening remarks at today’s subcommittee hearing titled "Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid." “Today’s hearing is an opportunity to examine improper payments within the Medicare and Medicaid programs.  “Economic outlooks forecast the deficit in this country will balloon to $1.8 trillion, equating to 6.8 percent of the GDP by 2024. Given these fiscal realities, financial mismanagement cannot be tolerated.  “Improper payments, whether because of deliberate fraud, mistake, or an inaccurate amount, is a pervasive problem across the federal government.”  PERVASIVE WASTE, FRAUD, AND ABUSE   “Since Fiscal Year 2003, federal agencies have reported an estimated $2.7 trillion in total improper payments.  “A recent Government Accountability Office report disclosed that in Fiscal Year 2023 alone, government-wide improper payments amounted to $236 billion.  “This underscores the scale of the problem and just how bad the federal government’s internal controls are—a concern that the GAO has been raising since 1997.  “Furthermore, in a separate GAO report published in February of this year, the Comptroller General stated, ‘Congress and the administration must act to move the nation off the untenable long-term fiscal course on which it is currently operating.'  “GAO also stated, ‘The federal debt level is growing at a rate that threatens the vitality of our nation’s economy and the safety and well-being of the American people.'  “I could not agree more with that sentiment.   “For Fiscal Year 2023, GAO reports Medicare reporting approximately $51.1 billion—let me repeat that $51.1 billion in improper payments and Medicaid reporting $50.3 billion in improper payments.  " These staggering figures not only highlight the magnitude of the problem but also signal deep-rooted systemic issues at the Centers for Medicare and Medicaid Services, or CMS.”   FISCAL RESPONSIBILITY TO TAXPAYERS   “Amidst the highest inflation in decades and facing increased costs across all fronts, the government's fiscal irresponsibility here is unacceptable. Americans deserve better.  “Today, we aim to identify measures that can enhance oversight and address the long-standing problem of improper payments plaguing CMS.  “Ensuring the integrity of our health care system is paramount; every dollar lost to an improper payment is a dollar not spent on life-saving care, innovative treatments, and essential services for our citizens.   “Recent audits by the HHS OIG underscore the severity of the issue, revealing that Medicare incorrectly compensated acute-care hospitals for inpatient claims that should have been subject to the post-acute-care transfer policy, resulting in $41.4 million in overpayments because of the misuse of discharge status codes.    “Furthermore, investigations found that in just two years, California and New York alone were responsible for $1.7 billion in Medicaid payments to approximately 1.6 million ineligible recipients, with an additional estimated $4.3 billion directed towards nearly 4 million potentially ineligible enrollees.”  SAFEGUARDING AMERICA’S RESOURCES   “Our duty is to ensure that not only are these funds recovered, but that stringent preventive measures are put in place.  “It is critical that we implement rigorous oversight and accountability mechanisms.  “This hearing will also address challenges posed by Medicaid state financing mechanisms.   “Insights from the HHS Inspector general suggest that diligent oversight can mitigate and even reduce improper payments.  “By embracing modern solutions and fostering innovation in monitoring and compliance, the federal government can significantly deter fraud, waste, and abuse. It’s clear that as health care evolves, our strategies for safeguarding its resources must as well.  “Combating improper payments will require a multifaceted strategy including improved data sharing, enhanced provider education, and stronger audit mechanisms.   “Each of these actions has to work together to be effective.  “In our federal system where states play such an important role, leveraging technology and fostering collaboration between federal and state agencies, and health care providers will be crucial for fraud prevention and program integrity.  “I hope that all of my colleagues here today will agree on the importance of ensuring Medicare and Medicaid’s program integrity.   “As Congress, it is our job to ensure that federal dollars are spent effectively and appropriately, ultimately leading to improved access and quality of care.”   “It’s time to increase our use of transparency and innovative data tracking to reduce the amount of improper payments in CMS and ensure that every taxpayer’s dollar is allocated correctly and with precision and purpose.” 

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Ranking Member Frank Pallone, Jr., (D-NJ), Subcommittee on Health Chair Brett Guthrie (R-KY) and Ranking Member Anna G. Eshoo (D-CA), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) and Ranking Member Kathy Castor (D-FL) wrote to UnitedHealth Group, Inc., CEO Andrew Witty today seeking information about the cyberattack on Change Healthcare. Change Healthcare, which was acquired by UnitedHealth Group’s Optum subsidiary in 2022, is one of the nation’s largest providers of health care payment management systems. On February 21, UnitedHealth Group reported it had experienced a cyberattack on its platforms, and it had taken all Change Healthcare systems offline to contain the incident. As a result of the outage, critical services affecting patient care—including billing services, claims transmittals, and eligibility verifications—became inoperable. Though UnitedHealth first notified users that it expected the disruption to “last at least through the day,” several of the company’s products have now been inoperable for more than a month. “Change Healthcare is a central player in the country’s health care system, which has been upended by the recent breach,” t he bipartisan Committee leaders wrote to Mr. Witty. “We are interested in your efforts to secure Change Healthcare’s systems since it was acquired by your company and the efforts you are taking to restore system functionality and support patients and providers affected by the attack.” Change Healthcare’s platforms touch an estimated one in three U.S. patient records. Its systems process roughly 15 billion transactions annually, and are linked to approximately 900,000 physicians, 118,000 dentists, 33,000 pharmacies, and 5,500 hospitals nationwide. The breadth of Change Healthcare’s infrastructure all but ensures that the scope of the current disruption, and any disruption in Change Healthcare services, will be extensive. “The health care system is rapidly consolidating at virtually every level, creating fewer redundancies and more vulnerability to the entire system if an entity with significant market share at any level of the system is compromised,” the Committee leaders wrote. “In order to understand better the steps UnitedHealth has taken to address this situation, we request information about the impact of the cyberattack, the actions the company is taking to secure its systems, and the outreach to the health care community in the aftermath.” As a result of the system outage, providers reportedly struggled to make payroll while some patients have been forced to pay out of pocket for crucial medications including cancer therapy drugs and insulin because pharmacies are unable to verify coverage. The Committee leaders requested answers to a series of detailed questions by April 29, 2024. CLICK HERE to read the full letter. 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA) today announced a subcommittee hearing titled “Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid." “Millions of Americans rely on Medicare and Medicaid for essential health care services. Despite the importance of these programs, both have been plagued by improper payments. In fiscal year 2023 alone, such improper payments cost Medicare $51.1 billion and Medicaid $50.3 billion,” said Chairs Rodgers and Griffith. “CMS’s fiscal responsibilities to the taxpayers are not only to correct these payment inaccuracies but also to proactively protect against waste, fraud, and abuse. This hearing will provide Members an opportunity to discuss solutions to strengthen the oversight of these programs, curtail improper payments, and ensure the most efficient use of limited resources to benefit those the programs exist to serve.”  Subcommittee on Oversight and Investigations hearing titled “Examining How Improper Payments Cost Taxpayers Billions and Weaken Medicare and Medicaid."   WHAT: A subcommittee hearing to discuss the impacts of improper payments in the Medicare and Medicaid programs.    DATE: Tuesday, April 16, 2024  TIME: 10:30 AM ET  LOCATION: 2322 Rayburn House Office Building  WITNESSES: Witnesses will be announced and are by invitation only.  This notice is at the direction of the Chair. The hearing will be open to the public and press and will be live streamed online at https://energycommerce.house.gov/ . If you have any questions concerning the hearing, please contact Lauren Kennedy with the Committee staff at Lauren.Kennedy@mail.house.gov . If you have any press-related questions, please contact Christopher Krepich at Christopher.Krepich@mail.house.gov . 

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), and Subcommittee on Environment, Manufacturing, & Critical Materials Chair Buddy Carter (R-GA) wrote to Environmental Protection Agency (EPA) Administrator Michael Regan regarding the agency’s Clean School Bus Program. KEY EXCERPT:   “Alarming information about this program continues to emerge. In particular, the EPA’s Office of the Inspector General (OIG) has flagged serious shortcomings in the program that create significant vulnerabilities to waste, fraud, and abuse. The EPA’s own reporting on the program reveals that numerous award recipients encountered difficulty utilizing the funding they were awarded. Additionally, the EPA continues to administer the program in a manner that favors the use of electric school buses over other types of buses that are eligible for funding under the program.”  CHALLENGES TO IMPLEMENT:   Of almost 400 selectees under the 2022 Clean School Bus Rebate program 46 selectees withdrew from the program.  The most common reasons provided for withdrawal were school boards voting against the projects for reasons including difficulties coordinating with electric utilities, potentially lengthy and costly electric infrastructure upgrades required to install electric vehicle supply equipment, and hesitancy about maintenance and range issues associated with electric buses.  The OIG concluded in a December 2023 audit that “the agency may be unable to effectively manage and achieve the program mission unless local utility companies can meet increasing power and supply demands for electric buses.”  The OIG noted that establishing charging stations and connecting them to power lines could take approximately twelve to twenty-four months.   Stakeholders reported that infrastructure to support 25 buses or more demands a more complex electrical setup, which can take a year to construct.  POTENTIAL FOR WASTE, FRAUD, AND ABUSE:   In December 2023, the OIG issued a Management Implication Report that highlighted serious problems with the Clean School Bus Program.   The OIG “identified concerns regarding the EPA’s lack of robust verification mechanisms within the Clean School Bus rebate and grant application process, which led to third parties submitting applications on behalf of unwitting school districts, applicants not being forthright or transparent, entities self-certifying applications without having corroborating supporting documentation, and entities being awarded funds and violating program requirements.”  The OIG further stated, “Our initial investigation of its protocols found that the Clean School Bus Program is rife with potentially inaccurate information” and that “the EPA uses few mechanisms to verify the accuracy of application contents and relies on the applicant’s self-certification of all aspects of the application,” including the applicant’s eligibility for the program, satisfaction of vehicle-use requirements, and the identity of the school district the replacement buses funded by the program will serve.  The OIG also found that an administrative entity with zero students was selected to receive a rebate, despite it seeking funding for buses that were ineligible for the program.   Some recipients selected to receive rebates under the 2022 Clean School Bus Rebate program later declined the funding.   These withdrawals accounted for $38 million of awards, which the OIG stated lengthened program timetables and created confusion.  EPA PICKING WINNERS AND LOSERS:   The Infrastructure Investment and Jobs Act (IIJA) directed the EPA to award grants, rebates, and contracts to replace existing school buses with both zero-emission buses and clean school buses.  The IIJA defines clean school buses as school buses that reduce emissions and operate partly or entirely using an alternative fuel, or zero-emission buses.   The Committee has previously voiced concerns about the EPA's bias towards electric buses while ignoring the benefits of other clean school buses, concerns that persist today.   According to information provided by the agency, “As of January 2024, the EPA has awarded approximately $1.84 billion to fund 5,103 clean school buses—96 percent of which are electric—and related charging infrastructure at 642 school districts in most states and territories, and at schools operated by federally recognized Tribes.”   Under the 2023 Clean School Bus Rebates program, the EPA continues to offer maximum awards for fully electric school buses that are several times larger than the maximum award amount for other types of clean school buses.  Additionally, under the Clean School Bus program, the EPA continues to fund charging infrastructure for electric vehicles but not propane or compressed natural gas fueling infrastructure.  Under the 2022 Clean School Bus Rebate program, the maximum bus funding amount for a class 7+ zero-emission bus was $375,000, and the maximum amount for a propane class 7+ propane bus was $30,000.  The EPA reported, “The majority of awarded electric school buses cost at or near $375,000, while many awarded propane buses cost around $150,000.”  In other words, the maximum rebate amount seemingly covered the entire cost of an electric bus but covered only a fraction of a propane bus.  CLICK HERE to read the letter.

Washington, D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) issued the following statement regarding the Biden administration’s announcement of fund recipients of two Greenhouse Gas Reduction Fund (GGRF) competitions: “This administration continues to prioritize its radical rush-to-green agenda over the needs of the American people. The Biden EPA is giving away $20 billion in taxpayer funding to leftwing special interests and other groups but has yet to explain how it will prevent those funds from further enriching China, which dominates the supply chains for renewables and electric vehicles. The Senate should immediately consider our legislation to repeal the green slush fund and work to strengthen our nation’s energy independence.”  NOTE :  The House passed H.R. 1023, led by Rep. Gary Palmer (R-AL), to repeal the GGRF by a bipartisan vote in March.  In January, the Committee’s Oversight and Investigations Subcommittee convened a hearing to explore how the Environmental Protection Agency (EPA) was planning to administer GGRF funds to avoid waste, fraud, and abuse.  Last fall, Committee Leaders wrote to Environmental Protection Agency Administrator Michael Regan outlining concerns with the GGRG, including:  Possible conflicts of interest with funding recipients    How the speed at which $27 billion in grants must be awarded opens the door to waste, fraud, and abuse Challenges of achieving the program’s implementation and goals given China’s control over solar market  READ :  Fighting to Avoid the Next Big Government Boondoggle   Eliminating the Slush Fund for Biden’s Radical Rush-to-Green Agenda

Washington, D.C. — In a new letter, House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA), Subcommittee on Health Chair Brett Guthrie (R-KY), and Subcommittee on Oversight and Investigations Chair Morgan Griffith (R-VA), on behalf of the Health and Oversight Republicans, wrote to Government Accountability Office Comptroller General Gene Dodaro. KEY QUOTE :  “We write to request that the Government Accountability Office (GAO) examine the extent to which the National Institutes of Health (NIH) adequately safeguards research funds from national security concerns related to the Chinese military or over the unethical use of human beings in research studies, especially from entities of concern in China.”   The Chairs have particular concerns about NIH funding that is tied to:  Researchers with affiliations with the “Seven Sons of National Defense,” a group of seven universities with historical ties with China’s military defense industry.  Questionable Chinese research entities, including BGI—a firm based in Shenzhen picked by the Chinese government to build and operate the China National GeneBank.  The unethical use of Chinese ethnic minority data in research studies, including that from Tibetan or Uyghur populations.  BACKGROUND :  Recent reports have raised concerns about the NIH’s ability to screen for national security issues.   A six-month investigation by Vanity Fair found that for a decade, warnings were issued by the Department of Energy to the NIH concerning the risk that U.S.-funded biology research could be misused by overseas partners.   Recent reports from the U.S. Department of Health and Human Services Office of the Inspector General and GAO have noted NIH safeguarding problems regarding foreign grant recipients.   Recently, a student from China who was headed to the National Cancer Institute was repatriated at Dulles Airport after interrogation from Department of Homeland Security officials about ties to the Chinese government, Chinese military, or state laboratories.  Concerns about the NIH’s ability to vet foreign collaborators have also arisen from the Committee’s investigation of the origins of the COVID-19 pandemic.  CLICK HERE to read the full letter.