Subpoena threat issued for ObamaCare files

House Republicans are threatening to subpoena documents related to an ObamaCare program at the center of their lawsuit against President Obama.

The Republican chairmen of the Ways and Means and Energy and Commerce committees on Wednesday released a letter to the administration reiterating a request made in February for documents related to the program. 

{mosads}Reps. Paul Ryan (R-Wis.) and Fred Upton (R-Mich.) set a deadline of July 21 for a response. If the administration does not provide the documents by then, a subpoena will be considered, they said.

“If HHS fails to produce the documents and information, the committees will have no choice but to consider the use of the compulsory process to obtain them,” the letter states.

Ryan and Upton first asked for the documents in February. The letter reiterating the request was sent to Health Secretary Sylvia Mathews Burwell and Treasury Secretary Jacob Lew.

House Republicans argue that the administration is unconstitutionally spending money on an ObamaCare program despite Congress declining to appropriate money for it. That allegation is at the center of House Republicans’ lawsuit, which is being heard by a federal court in the case House v. Burwell

The funds in question are for “cost-sharing reductions” that help insurers lower out-of-pocket costs for low-income people.

House Republicans are seeking documents related to the administration’s decision to make payments through the program despite the absence of an appropriation. 

Meaghan Smith, an HHS spokeswoman, said the cost-sharing reductions in question are a “key part of providing more Americans with access to quality health care they can afford.”

She said Burwell already answered questions on the matter at a Ways and Means hearing in June. “As the chairman are aware, however, the program is the subject of litigation that was filed by their leadership, so we would direct further inquiries to the Department of Justice,” she added. 

In court filings, the administration has laid out the case that it did not need an appropriation for the funds because they are mandatory spending not subject to the appropriations process. 

Republicans counter the administration requested an appropriation for the program in 2013, which was turned down. But the administration says it later realized the request was unnecessary because it had the funds through mandatory spending. 

Obama administration officials also say Congress never took action to block the funds and even passed a bill, the No Subsidies Without Verification Act, that was predicated on the idea that the funds were available.

“Thus, although the House seeks to focus on the Administration’s initial budget request for FY2014, the end result of the budget process for that year confirms a shared understanding that these payments could be made,” the administration wrote in a court filing last week.

The administration has asked that the lawsuit be dismissed, saying Congress does not have legal standing to sue the president.

But Judge Rosemary Collyer leveled tough questions at the Department of Justice lawyer during arguments on the question in May.

— This story was updated at 3:04 p.m.