Press Releases

Roe Refutes Claim No Republican Lawmaker Raised Concerns Regarding IRS Rulemaking

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Washington, March 16, 2015 | Tiffany Haverly (202-226-807) | comments

WASHINGTON, D.C. – Today, Rep. Phil Roe, M.D. (R-TN) refuted former Obama adviser Neera Tanden’s claim during a panel discussion on March 11th that “not a single Republican criticized” or raised concerns about the IRS’s power to rewrite the president’s health care law during the rulemaking process.

Roe released the following statement:

“The claim that no Republican lawmaker spoke out about the authority of the IRS to essentially rewrite the president’s health care law to allow individuals living in states without state-run exchanges to receive subsidies is patently false. In 2011, we wrote the IRS to specifically raise this very issue, but the IRS ignored our concerns and pushed forward. This issue is now before the Supreme Court as a direct result of the Obama administration’s refusal to acknowledge or listen to the legitimate concerns of Republicans in Congress when the Affordable Care Act (ACA) was drafted.”   

In 2011, Roe led 24 members of Congress in writing then-IRS Commissioner Douglas Shulman to raise concerns that the IRS was allowing individuals who were ineligible to receive subsidies under the ACA to receive them, even if their state did not establish an exchange. This question is the center of the King v. Burwell case currently being heard in the Supreme Court.

A copy of the letter can be found here.

Video of Tanden’s claim is here and begins at the 22:29 mark. 

Tanden is a former aide to Presidents Obama and Clinton who, according to the Center for American Progress’s website, “served as senior advisor for health reform at the Department of Health and Human Services, working on President Barack Obama’s health reform team in the White House.”  

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