At issue are two separate portions of ObamaCare. One is the Basic Health Program, which states can choose to implement and is aimed at providing choices for low-income people with slightly too much income to qualify for Medicaid. The other is the law’s “cost-sharing reductions” which are payments that help lower out-of pocket-costs for low-income ObamaCare enrollees.
Republicans argue that both initiatives are being illegally funded without a congressional appropriation. In a case brought by House Republicans, a federal judge ruled last month that the administration does not have the authority to pay out the cost sharing reductions, though the decision will be appealed.
The administration says that it has authority to fund both programs under a permanent appropriation given for the law’s tax credits.
Democrats say the Republican lawsuit renders the subpoenas unnecessary and argue the investigations are solely for political gain.
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