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The Sebelius Coverup
Weekly Standard ^ | December 10, 2012 | Jeffrey H. Anderson, senior fellow at the Pacific Research Institute

Posted on 12/10/2012 10:49:30 AM PST by Cincinatus' Wife

".... likely in concert with the White House — and to the chagrin of many HHS employees — Sebelius and other senior HHS officials decided that word could too easily get out about the firewall project. If it did, it would alert people to UnitedHealth Group’s having gained a potentially huge competitive advantage — a political concern for the White House on the cusp of the election, especially in light of the crony capitalism charges that have plagued this administration. Therefore, HHS, under Sebelius’s leadership, suspended work on the firewall and told United-Health Group not to alert the SEC to the purchase — as UnitedHealth Group was legally required to do within four days of the transaction — until after the election.

Many states are wisely signaling that they aren’t interested in doing the Obama administration’s bidding on Obamacare. As a result, many if not most of Obamacare’s insurance exchanges — the heart of the beast — will have to be set up and run by the Obama administration at the federal level.

States are not required to set up Obamacare exchanges, but it seems to have surprised observers that many are choosing not to. Politico reports that, with only 17 states so far having said they will set up the exchanges, the “Department of Health and Human Services’s role in bringing the law to life is going to be a lot bigger than originally thought.” More than a third of all states have already said they won’t set up the Obamacare exchanges. Among others, Republican governors Scott Walker, John Kasich, Sam Brownback, Rick Perry, Bobby Jindal, Nikki Haley, Nathan Deal, Paul LePage, Robert Bentley, Mary Fallin, and Sean Parnell have said they’ll refuse to set up the exchanges in their states.

In Missouri, voters took matters into their own hands, approving a ballot measure to vest authority over the decision in the Republican-led state legislature, rather than leaving it up to the Democratic governor. Missouri will not be establishing an exchange. Utah governor Gary Herbert, meanwhile, has opted for a sort of mild civil disobedience, saying that his state will continue to pursue “our version of an exchange based on defined contribution, consumer choice, and free markets” — a type of exchange that is rather plainly banned by Obamacare.

States’ refusal to be complicit in this crucial aspect of Obamacare should shine a spotlight on the development of the federal exchanges — and what it illuminates won’t be pretty.

The Obama administration’s congressional allies botched the drafting of this aspect of the health care overhaul, as the plain language of Obamacare doesn’t empower federal exchanges to distribute taxpayer-funded subsidies to individuals; it empowers only state-based exchanges to distribute the subsidies. (The administration pretends otherwise.) Moreover, the Department of Health and Human Services (HHS) is lagging behind in developing the federal exchanges.

It gets worse. HHS has contracted with a subsidiary of a private health care company to help build and police the very exchanges in which that company will be competing for business. The person who ran the government entity that awarded that contract has since accepted a position with a different subsidiary of that same company. An insurance industry insider (speaking on the condition of anonymity) says that HHS, in an attempt to hide this unseemly contract from public view until after the election, encouraged the company to hide the transaction from the Securities and Exchange Commission.

According to my source (the basis for most of this account), in January, HHS awarded Quality Software Services, Inc. (QSSI) what the Hill describes as “a large contract to build a federal data services hub to help run the complex federal health insurance exchange.” At that time, the director of Obamacare’s newly established Center for Consumer Information and Insurance Oversight (CCIIO) — which the Hill describes as “the office tasked with crafting rules for the national exchange” — was Steve Larsen. Larsen had been the insurance commissioner for Maryland when Obama’s HHS secretary, Kathleen Sebelius, was the insurance commissioner for Kansas, and the two are reportedly close. The CCIIO awarded the Obamacare exchange contract to QSSI while Larsen was the CCIIO’s director, and he played a central role in planning the construction of the exchanges — although it’s not known whether he made the decision to award the contract to QSSI or not.

Under the contract that it signed with HHS, QSSI’s power would be substantial — as QSSI would shape, run, and affect companies’ ability to compete to sell insurance through Obamacare’s federal exchanges. The Hill writes, “A draft statement of work for the contract awarded to QSSI states the contractor should provide services necessary to acquire, certify and decertify health plans offered on a federal exchange.” Moreover, “It stipulates the contractor should monitor agreements with health plans, ensure compliance with federal standards and” — somewhat strikingly — “take corrective action when necessary.”

QSSI, apparently realizing what a valuable asset it had in the contract, started shopping itself around. Meanwhile, Larsen left the CCIIO and took a highly paid position with Optum, a subsidiary of UnitedHealth Group, in June. Sometime this summer, UnitedHealth Group bought QSSI.

The Hill writes that the “quiet nature of the transaction, which was not disclosed to the Securities and Exchange Commission (SEC), has fueled suspicion among industry insiders that UnitedHealth Group may be gaining an advantage for its subsidiary, UnitedHealthcare.” The Hill adds, “One critic familiar with the business rivalries of the insurance industry compared UnitedHealth Group’s purchase of QSSI to the New York Yankees hiring the American League’s umpires.” In other words, UnitedHealth Group, through QSSI, would be able to police the same field in which it would be a competitor.

In addition, QSSI would have access to valuable data. The Obama administration likes to compare Obamacare’s prospective insurance exchanges to websites like Travelocity and Expedia, but the comparison is inapt. Travelocity and Expedia don’t regulate airlines, stipulate the length of runways, or transfer money from younger passengers to older ones. In truth, Obamacare’s federal exchanges will be an extremely complicated technical endeavor to set up and run, as (among other things) they would involve compiling massive amounts of risk-selection data on individual Americans. In addition to raising extraordinary privacy concerns, the data involved would be like gold to insurers. To quote my source, “If you can capture this data, you’re going to win.”

When HHS became aware of UnitedHealth Group’s purchase of QSSI, it couldn’t realistically void the contract, because the Obama administration was already too far behind in setting up the federal exchanges. To void the contract would mean delaying the exchanges’ implementation by many more months. The Hill writes: “[G]iven how late the administration has been in issuing rules for the exchanges, it would be extremely difficult to void a key contract, find another company to perform the work and still meet the 2014 deadline.”

Unwilling to void the contract, HHS instead went to work on setting up a firewall designed to block United-Health Group from gaining access to QSSI’s data, presumably out of a desire to keep UnitedHealth Group from gaining an unfair advantage. Then, likely in concert with the White House — and to the chagrin of many HHS employees — Sebelius and other senior HHS officials decided that word could too easily get out about the firewall project. If it did, it would alert people to UnitedHealth Group’s having gained a potentially huge competitive advantage — a political concern for the White House on the cusp of the election, especially in light of the crony capitalism charges that have plagued this administration. Therefore, HHS, under Sebelius’s leadership, suspended work on the firewall and told United-Health Group not to alert the SEC to the purchase — as UnitedHealth Group was legally required to do within four days of the transaction — until after the election.

HHS’s actions have drawn the attention of the Senate Finance Committee. The committee’s ranking Republican, Sen. Orrin Hatch, has asked Sebelius for information, but Sebelius has not complied with his written requests and deadlines.

Prior to the election, most reporters — or their editors — weren’t interested in looking into any of this too closely. But in the wake of the refusal of elected GOP leaders in the states to do the Obama administration’s bidding on Obamacare, the development of the federal Obamacare exchanges might now receive closer examination. The idea of funneling about $1 trillion (according to the Congressional Budget Office) over Obamacare’s real first dozen years (2014-25) from American taxpayers, through Washington, to private insurance companies was always problematic. But it’s more problematic to hire a subsidiary of one of those insurance companies as an architect and policeman of the exchanges through which the Obama administration intends to have this abundant taxpayer money flow, more problematic still that Obama’s first head of the CCIIO may have profited personally from the venture, and most problematic of all that HHS may have told a private company to violate federal securities law in order to aid Obama’s reelection prospects.

Is this really the sort of “reform” of the American health care system that anyone wants?


TOPICS: Business/Economy; Crime/Corruption; Editorial; Government
KEYWORDS: healthcareexchanges; hhs; insurancecompanies; obamacare; sebelius; sebeliuscoverup; stateexchanges; transparency; uhg; unitedhealthgroup

1 posted on 12/10/2012 10:49:34 AM PST by Cincinatus' Wife
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To: Cincinatus' Wife

Crony Socialism.


2 posted on 12/10/2012 10:55:35 AM PST by AU72
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To: Cincinatus' Wife

The Chicago way.


3 posted on 12/10/2012 10:59:28 AM PST by RobbyS (Christus rex.)
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To: AU72

Actually, socialism is always crony. There are a few political families in this country, like the Kennedys and the Bushes. But in China the same families have ruled ever since Mao took over.

The Nomenklatura live in a state of privilege, and their children and relatives inherit from them.

It just makes it easier when the only rule is, “I am in power, and it’s to the re-education camp if you question me.”


4 posted on 12/10/2012 11:02:58 AM PST by Cicero (Marcus Tullius)
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To: Cincinatus' Wife

Any young man looking to get rich today would be stupid to sell drugs or join the Mafia, The real money is in Government theft.


5 posted on 12/10/2012 11:09:21 AM PST by Venturer
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To: Cincinatus' Wife

This is somewhat arcane ‘insider baseball’ type info.

Let me make it simple. He who sets the rules and the limits of coverage can control who is qualified to bid on the private insurance version that can be sold.

I had a similar situration once. The city council hired a prominent insurance salesman as a consultant to set up the qualifications, limits of coverage and type of coverage to be offered to the city employees.

Using the parameters he set up, only one insurance company in the nation out of some 1500 qualified for the city insurance contract. Surprise, his parent insurance agency was the exclusive agent for that company in the State of Texas.


6 posted on 12/10/2012 11:19:21 AM PST by wildbill (You're just jealous because the Voices talk oMnly to me.Reid)
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To: Cincinatus' Wife

Can a thing be not shocking and shocking at the same time?

I knew this thing was going to be very, very bad (so not shocking) but the details about the badness are very shocking.

Great reporting ... we need tons more reporting like this.


7 posted on 12/10/2012 11:28:24 AM PST by Lorianne (fedgov, taxporkmoney)
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To: Cincinatus' Wife

Want to sell insurance on the Obamacare exchanges? There’s a (3.5%) fee for that.

http://www.washingtonpost.com/blogs/wonkblog/wp/2012/11/30/want-to-sell-insurance-on-the-obamacare-exchanges-theres-a-3-5-fee-for-that/


8 posted on 12/10/2012 11:55:59 AM PST by Lorianne (fedgov, taxporkmoney)
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To: Cincinatus' Wife
NOT PHOTO-SHOPPED - They actually shared a healthcare conference together:

Elmo the sex predator and the Sebaceous Cyst

9 posted on 12/10/2012 1:15:51 PM PST by Slyfox (The key to Marxism is medicine - V. Lenin)
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To: Cincinatus' Wife

So, in two separate instances, the Obama administration advised breaking the law to aid in Obama’s re-election: 1. contractors not to issue WARN notices as per the law 2. United group not to inform SEC of purchase within 4 days.

Surely “someone” on Capital Hill should be doing something about this? Right? /sarc


10 posted on 12/10/2012 1:23:47 PM PST by MissMagnolia ("It is when a people forget God that tyrants forge their chains" - Patrick Henry)
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To: Cincinatus' Wife

Well, this sure explains why I have seen many, MANY job openings posted over the last month for employment at United Healthgroup in Minnesota.

Mystery solved.


11 posted on 12/10/2012 2:05:51 PM PST by MNGal
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To: Cincinatus' Wife

bump


12 posted on 12/10/2012 2:46:33 PM PST by yellowhammer
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To: Cincinatus' Wife

When things finally get back in “whack” in this country, that scrawny crone’s name will be high on the list of people who no longer serve any purpose in our society and can be dispensed with.


13 posted on 12/10/2012 5:30:33 PM PST by beelzepug ("Why bother creating wealth when you can just redistribute it?")
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