Judicial Watch Files Taxpayer Lawsuit to Stop District of Columbia Illegal Obamacare Subsidies for Congress
Documents Show Congress Filed False Information to Obtain Obamacare Benefits; Though Restricted by Law to Small Businesses With 50 or Fewer Employees, D.C. Exchange Gives Obamacare Benefits to 12,359 Members of Congress, Staffers, Spouses, and Dependents
(firmenpresse) - WASHINGTON, DC -- (Marketwired) -- 10/14/14 -- Judicial Watch today filed a taxpayer lawsuit against the Executive Board of the District of Columbia Health Benefit Exchange Authority for providing Obamacare small business coverage to 12,359 employees of Congress despite D.C. Exchange Act restrictions limiting such coverage to businesses with 50 or fewer employees. The lawsuit, naming both the Exchange Authority and its Executive Director, Mila Kofman, as defendants, was filed in the Superior Court of the District of Columbia Civil Division on behalf of D.C. taxpayer Kirby Vining (Kirby Vining v. Executive Board of the District of Columbia Health Benefit Exchange Authority (No. xxx)).
Charging that "both the House and the Senate falsely claimed that they each employ only 45 full-time employees," Judicial Watch''s lawsuit references official application documents filed by the House and Senate D.C. Exchange Authority obtained through an August 14, 2014, Freedom of Information Act (FOIA) request. Though partially blacked out (redacted), the documents show that in the space allotted to specifying "Number of Full-Time" employees, both Senate and House signatories entered the number "45." The forms also show that the House and Senate employer representatives "attest" that House and Senate employ "50 or fewer full-time equivalent employees."
The application documents also falsely state the employer type category for the House and Senate as "local/state government." The "electronic signature" section of the application includes the following language:
"I''ve provided true and correct information to all the questions on this form to the best of my knowledge. I know that if I''m not truthful, there may be a penalty."
The actual names of the signatories were blacked out by the D.C. Exchange.
The suit further charges that D.C. Exchange Authority knew that the House and Senate each had "more than 50 full-time employees" when it began providing Congress with Small Business Exchange coverage in November 2013. The suit asks the court to declare the House and Senate''s participation in the Small Business Exchange unlawful and prevent the Exchange Authority from expending any further tax funds on congressional participation.
In March 2012, the D.C. Council enacted "The Health Benefit Exchange Authority Establishment Act of 2011," establishing an Individual Exchange and a Small Business Exchange. In Fiscal Year 2013 and 2014, the Council appropriated $77,055,000 in tax dollars to fund both Exchanges. The Act defined a small business as a single employer having 50 or fewer employees.
The Judicial Watch lawsuit charges that despite the legal restrictions imposed by the Act on the Small Business Exchange, the following occurred "in an illegal, unlawful, and ultra vires manner":
"Since November 2013, the Exchange Authority has allowed the U.S. House of Representatives (''the House'') and the U.S. Senate (''the Senate'') (collectively ''Congress'') to use the Small Business Exchange to provide health insurance to members of Congress, certain congressional staffers, and their spouses and dependents."
"Beginning in early November 2013, the Exchange Authority conducted outreach efforts to the House and Senate about Congress'' participation in the Small Business Exchange and provided weekly support sessions to assist members of Congress and staff with enrollment. These outreach efforts, weekly support sessions, and Congress'' participation in the Exchange generally were discussed at a November 13, 2013 meeting of the Executive Board, and on November 20, 2013, Executive Director Kofman testified before the Senate''s Small Business and Entrepreneurship Committee about Congress'' participation in the Small Business Exchange."
"When Congress applied to participate in the Small Business Exchange, representatives falsely asserted that the House and the Senate each employ 50 or fewer full-time employees. Specifically, records provided by the Exchange Authority in response to a Freedom of Information Act request show that both the House and the Senate falsely claimed that they each employ only 45 full-time employees."
"On information and belief, the Executive Board and Executive Director Kofman knew that the House and the Senate each have more than 50 full-time employees and knew or should have known that Congress'' certifications to the contrary were false."
"At least 12,359 members of Congress, congressional staffers, and their spouses and dependents obtained health insurance through the Small Business Exchange as of February 9, 2014. These 12,359 persons represent approximately 86 percent of the 14,289 persons enrolled in the Small Business Exchange between October 1, 2013 and September 9, 2014."
The Judicial Watch lawsuit asks the court to: "(a) declare the House and the Senate''s participation in the Small Business Exchange to be unlawful; (b) enjoin Defendants from continuing to allow the House and the Senate to participate in the Small Business Exchange, or at a minimum, from expending further taxpayer funds on the House and Senate''s participation in the Small Business Exchange; (c) issue a writ of mandamus ordering Defendant Kofman to deny the House and the Senate further participation in the Small Business Exchange..."
"D.C. taxpayers should not be forced to foot the bill for illegal health care benefits for Congress. The documents we managed to obtain from the D.C. Health Exchange show every member of Congress enrolled in Obamacare has obtained their coverage (and any taxpayer subsidies) through fraud. The District of Columbia government should not be party to this fraud and should cease providing health insurance to Congress," said Judicial Watch President Tom Fitton. "President Obama and leaders of Congress have conspired to do an end-run around the Affordable Care Act requirement that Congress participate in Obamacare exchanges with no special benefits or taxpayer subsidies. District taxpayers will be surprised and outraged to learn their local tax dollars are helping further this fraud. Our client, Kirby Vining, wants the courts to stop this lawlessness as soon as possible."
Judicial Watch client Kirby Vining said, "The District government should follow its law and not provide illegal benefits for Congress. I''m looking to getting my day in court to hold the District government accountable to the law."
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Datum: 14.10.2014 - 14:53 Uhr
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