The top official over Obamacare wouldn’t say Thursday whether administration officials have made any efforts towards a backup plan should the Supreme Court block many of the law’s insurance subsidies.
Health and Human Services Secretary Sylvia Mathews Burwell reiterated that there’s no Plan B, something she’d also said earlier this week in a letter to Congress. But she rebuffed additional GOP prodding at a congressional panel Thursday morning.
“We don’t have an administrative action we believe could undo the damage,” Burwell told the House Energy and Commerce health subcommittee. She has said the administration doesn’t have the administrative authority to take action.
On Wednesday the Supreme Court will hear the highly scrutinized King v. Burwell case, in which four individuals say the administration is illegally awarding insurance subsidies in states relying on healthcare.gov instead of running their own insurance marketplace.
Republicans hope the court will agree — and thereby cripple a major part of the Affordable Care Act — but they’re still criticizing the administration for not having a backup plan should that occur.
“Your response failed to answer our question,” said Rep. Joe Pitts, a Pennsylvania Republican, referring to the letter from Burwell this week. “Let me ask you the question this way: Have you or senior department officials instructed counselors within HHS to prepare any potential actions if the Supreme Court rules against the IRS?”
Rep. Joe Barton, a Texas Republican, asked whether the administration is going to “just hold up its hands and surrender.”
“Don’t you think it’s clear there should be a plan?” he said. “I hope I don’t have a primary opponent, I hope I don’t have a general election opponent, but I have a plan in case I do.”
