HASTINGS, Neb. – U.S. Senator Deb Fischer (R-Neb.) today sent a letter to U.S. Department of Health and Human Services (HHS) Secretary Sylvia Mathews Burwell expressing strong concern that the agency has enrolled Americans in health care plans they did not choose.

In the letter to Secretary Burwell, Fischer points out that automatic enrollment could put incredible financial strain on Nebraska families. If Nebraskans visit their previous doctor under the new plan, they could face unaffordable out-of-network charges.

“I write to express strong concern that the Department of Health and Human Services (HHS) has automatically enrolled Americans into health insurance plans they did not choose,” Fischer writes. “This not only restricts thousands of families in making personal health care decisions, it also threatens to overload insurers, straining a system not designed for this added capacity. I seek a thorough explanation of this decision, including what analysis, if any, was made of its impact on America’s health insurance landscape.”

The full text of the letter is below. Click here to view it as a PDF.

October 27, 2016
Sylvia Mathews Burwell
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, D.C. 20201

Dear Secretary Burwell:

I write to express strong concern that the Department of Health and Human Services (HHS) has automatically enrolled Americans into health insurance plans they did not choose. This not only restricts thousands of families in making personal health care decisions, it also threatens to overload insurers, straining a system not designed for this added capacity. I seek a thorough explanation of this decision, including what analysis, if any, was made of its impact on America’s health insurance landscape.

By automatically enrolling consumers in health plans they did not choose, HHS took personal health care decisions out of the hands of the American people. In doing so, the federal government disclosed personal financial and health information of Americans without their permission or notice and without granting them the opportunity to opt out of such activity. This is shocking. Further, HHS placed these consumers in a potentially financially disastrous situation. For mistakenly visiting their previous doctor, these enrollees could be hit with unaffordable out-of-network charges. Subsidies cannot be expected to provide enough relief to cover the cost of such a mistake. HHS has jeopardized both the health and welfare of the American people.

For insurers that have managed to survive in ObamaCare’s Marketplace, this decision raises serious problems. These insurers expected a certain number of enrollees. HHS has added many more. This calls into question whether these insurers will be able to shoulder the burden. I am greatly troubled to hear from my state’s regulator that its input was disregarded, and, even worse, that HHS may be in violation of state law. A similar lack of vision and collaboration resulted in painful consequences for Nebraskans in the failure of CoOportunity.

From its beginning, ObamaCare’s unintended consequences have harmed families and taxpayers. As HHS admitted in a brief from the Office of the Assistant Secretary for Planning and Evaluation, ObamaCare premiums climbed by an average of 25 percent this year. Consequently, my constituents, including lower-income families, single parents, and the elderly, are spending dramatically more on health care. This reality is a stark contrast to ObamaCare’s stated goals and promises. It is worsened by HHS’s continued inability to reasonably confront its failures, a bullheadedness that has clearly wasted taxpayer dollars. I believe HHS is repeating its past mistakes now through this automatic enrollment measure. I see little evidence HHS acted with regard for the long-term implications of this maneuver. 

Therefore, I ask that you please provide the answers to the following questions, or additional information as specified, by December 2, 2016:

1. How many were automatically enrolled in plans they did not choose?
2. What actions were taken to notify those who were automatically enrolled in plans they did not choose?
3. What documentation or analysis did HHS perform on the solvency of insurers that must now provide coverage for automatic enrollees?
4. What documentation or analysis did HHS perform regarding potential violations of state laws?
5. Did HHS undertake any analysis of fraud, abuse, or waste that has occurred during a special enrollment period? If so, please provide that documentation or analysis.
6. What actions will HHS take to address fraud, abuse, and waste during future special enrollment periods?
7. What percent of automatic enrollees are able to see their previous doctor without facing an out-of-network charge?
8. What options exist for automatic enrollees to terminate coverage?

Thank you for your prompt attention to this matter.

Sincerely,

Deb Fischer

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