Office ofthe Secretary

Case No.: 2013-0388GD

Washington, D.C. 20201
February 6, 2013
Anne Weismann
Citizens for Responsible Ethics in Washington
1400 Eye Street N.W.
450
Washington, DC 20005
Dear Ms. Weismann:
This letter is in.response to your February 1, 2013, Freedom of Information Act (FOIA)
request for records of correspondence between HHS and Representative Fred Upton and
his staff; Representative Henry Waxman and his staff; Representative Tom Harkin and
his staff and Representative Michael Enzi -and his staff from January 2011 to December
2012. It is my understanding that after speaking with a member of your staff, the scope of
the request has been narrowed for a listing of correspondence between HHS and the
representatives and their staff.
The Office of the Secretary, Executive Secretariat (OSES) conducted a search and
located nine pages of responsive records, which are enclosed. I have determined to
withhold portions of the released records under FOIA exemption (b)(4), consisting of
name organizations, which submitted applications which may not have. been
successfuVawarded; and FOIA exemption(b)(6), consisting of names of private
individuals.
)
The FOIA exemption (b)(4) permits the withholding of trade secrets and commercial or
fimincial information that is privileged or confidential. The FOIA exemption (b)(6)
permits the withholding of records which, if would constitute a clearly
unwarranted _invasion of personal privacy.
If you believe that the information withheld should not be exempt from disclosure, you
may appeal. Your appeal must be mailed within 30 days from the date of receipt of this
letter, to the Director, News Division, U.S. Department ofHealth and Human Services,
Mary E. Switzer Building, 330 C Street, S.W., Room 2221, Washington, DC 20201.
. Clearly mark both the envelope and your letter "Freedom of Information Act Appeal."
Sincerely yours,
Robert Eckert
Director
POI/Privacy Acts Division
Office of Public Affairs
Correspondence of Rep. Henry Waxman
Writer
Name
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry
Waxman,
Henry
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Subject
Write the President, supporting the prevention and public health fund and encourage protection of the fund as deficit
reduction negotiations continue.
Log/Clear- Congratulatory Notes from the Secretary (reelected members)
Request for an update on the Five-Year Plan to begin to address and remediate the uranium contamination in and around the
Navajo nation. Forwards series of questions.
Express support for a National Youth HIV and AIDS Awareness Day, noting the lingering and statistically higher risk among
homeless, gay, and minority youths.
Fifty-four (54) Members of Congress send warmest congratulations to the Department on the 10th anniversary of the National
Institute for Biomedical imaging and Bioengineering (NIBIB), at the National institutes of Health (NIH).
Support HHS?s request for information on a pilot program to assess alternative blood donor criteria for men who have sex
with men.
Co-addressed to Cecilia Munoz, Director of the Domestic Policy Council, to commend the White House for its appointment of
Dr. Grant Colfax as the new Director of the Office of National AIDS Policy. Also expresses concern about the rising HIV rate
in the South and among women, particularly women of color across the country, and encourages the Administration to
develop and support specific approaches to reduce new HIV cases, Increase access to care, and reduce health disparities in
southern states, including addressing underlying structural and social factors contributing to the spread of HIV.
Date Inc.
Reed.
12/18/2012
11/26/2012
10/19/2012
8/17/2012
6/26/2012
6/11/2012
6/4/2012
Copy of ltr to CDC Director, Dr. Thomas Frieden, urging continued funding for the Lead Poisoning Prevention Program 5/23/2012
Log/Close - Letter to Members of the House Energy and Commerce Committee in advance of the IPAB vote 3/13/2012
[High Priority]- Ref: 021720121030 - Eighty-seven (87) Members of Congress write in support of final rule for preventive, 3/6/2012
contraceptive services, for women, under the Affordable Care Act. They feel these regulations are a transfonnation step
forward for the health of American women and families.
[HIGH PRIORITY] Provides comments for consideration in defining the essential health benefits pursuant to the Affordable 2/7/2012
Care Act
duplicate 2/7/2012
duplicate of 020720121045 2/7/2012
[HIGH PRIORITY]- Ltr. co-addressed to Treasury Secretary Timothy Geithner and Labor Secretary Hilda Solis, regarding 12/13/2011
comments received from the health insurance industry with respect to the Affordable Care Act's requirement that plans
provide a summary of benefits and coverage and a uniform glossary. Concerned these organizations question the need for
the summary of benefits and coverage. Forwards copy of National Association of Insurance Commissioners (NAIC) letter
describing concerns.
Recommends the appointment o.b)(6) ~ s a member of the Interagency Autism Coordinating Committee 11/30/2011
(High Priority]- Re: Proposed Rule on the Establishment of Health Insurance Exchanges and Qualified Health Plans Created 10/31/2011
Under the Patient Protection and Affordable Care Act (RIN 0938-AQ67).
[HIGH PRIORITY] Urges the ensurance of consumer protection parity for pediatric benefits in the development of the 10/11/2011
regulations and guidance for exchanges and qualified health plans
(HIGH PRIORITY]- As the Secretary prepare for the high-level meeting of the United Nations General Assembly on the 9/15/2011
prevention and control of non-communicable diseases (NCDs) later this month, urges her to ensure that the outcome of the
meeting Includes an explicit recognition that NCDs are of epidemic proportion and that access to affordable medicine is an
essential component of NCO control. Also feels the United States should support the inclusion of references to the Doha
Declaration and the TRIPS flexibilities confirmed therein.
Ref: 072720111001 (duplicate) WH ORM referral- Writes to ask the President to support the recommendations by the 9n/2011
lnstitue of Medicine's Committee on Preventive Services for Women
[co-signed by 23 additional Congressional Members) Copy of ltr to The Honorable Joseph Deiss, President, United Nations 8/29/2011
General Assembly, urging the Inclusion of Alzheimer's Disease and other dementi as on the list of diseases to be discussed
during the NCO Summit
WH ORM referral- Urges the President not to repal The Community Living Assistance Services and Supports Act (Class) 8/4/2011
[HIGH PRIORITY] -In letter co-addressed to Labor Secretary Hilda Solis, and the Honorable Timothy Geithner, regarding 7/29/2011
'Group Health Plans and Health Insurance Issuers: Rules Relating to Internal Claims and Appeals and External Review
Processes. They strongly urge the Departments to allow claimants four months to file for an external review after their claim
is denied.
[HIGH PRIORITY] Eighty-three (83) Members write in support of recent recommendations set forth by the Institute of 7/27/2011
Medicine's Committee on Preventive Services (contraceptives) for Women. The 10M report, 'Clinical Preventive Services for
Women: Closing the Gaps,' provides clear guidance on the preventive health services women need to achieve optimal health.
They strongly support these recommendations and ask to adopt them in full.
[HIGH PRIORITY] Four Members write In letter dated March 31, 2011, regarding of the Federal Coordinated Health Care 4/19/2011
OffiCe as it endeavors to more effectively integrate Medicare and Medicaid benefits for individuals who are dually eligible for
both programs. They request a detailed update on the State Demonstrations to Integrate Care for Dual Eligible Individuals,
with particular attention to criteria by which CMS will select states, evaluate demonstration programs, and award contracts,
and otherwise assure high standards for use of federal taxpayer dollars.
Duplicate of041920111022 4/19/2011
ID
121820121025
112620121090
101920121014
081720121011
062620121037
061120121020
060420121003
052320121014
031320121032
030620121086
020720121045
020720121035
020720121031
121320111045
113020111003
103120111033
101120111012
091520111042
090720111068
082920111034
080420111002
072920111045
072720111001
041920111035
041920111022
Page 1 of2
Correspondence of Rep. Fred Upton
Writer Subject
Name
Date Inc. ID
Reed.
Upton,
Fred
Co-addressed to Sees. Geithner and Solis. HHS, DOL, and Treasury collectively posted proposed rules on November 20, 2012, to 12/27/2012 122720121057
implement the EHB mandate, actuarial value calculator, marker rules, and wellness provisions under the Affordable Care Act. Ask
that comment periods for regulations recently issued last at least 60 days and comment periods for Mure Affordable Care Act
regulations are also at least 60 days.
Upton, They write regarding the imminent release of non-tamper resistent versions of extended-release opioids and the impact of this 12/26/2012 122620121010
Fred release on our nation's struggle against prescription drug abuse.
Upton, (Ref. OS #052320121013)- Concurs In Ranking Member Waxman's requestforthe extension of the detail 12/19/2012 121920121005
Fred the Minority Staff of the Committee on Energy and Commerce.
Upton, Duplicate of OS #113020121019 12/3/2012 120320121006
Fred
Upton, Based on CDC's position concerning shale gas development, they are concerned with the possibility that scientifiC objectivity is
Fred being subverted, and that countless jobs could be in jeopardy.
Upton,
Fred
Upton,
Fred
Upton,
Fred
Upton,
Fred
Pursuant to Rules X and XI of the United States House of Representatives, the Committee is investigating the health care
exchanges that will be created under the Patient Protection and Affordable Care Act (PPACA). Earlier this year the Centers for
Medicare and Medicaid Services (CMS) announced that it was awarding a contract to Quality Software Services, Inc. (QSSI) for
the Data Services Hub for the Federal Exchange. Writes today because they believe more information is needed to determine
whether QSI will be able to act effectively in this role In a fair and transparent manner. Please respond by November 27, 2012
Under the current law the Department is required to issue an annual 'Indicators of Welfare Dependence' report. As leaders of the
Congressional Committee that are supposed to receive this annual report, they request answers to two questions: 1) Why has
HHS failed to issue this annual report required by law during the entire time you have been Secretary? 2) When will HHS next
issue this annual report as required by law? Look forward to the Secretary's response by close of business on Thursday,
November 1, 2012.
On August 20, they wrote to the Centers for Medicare and Medicaid Services (CMS) regarding unresolved issues in the aftermath
of the Supreme Court decision regarding the Patient Protection and Affordable Care Act (PPACA). Despite their request for a
response by September 3, 2012, they have yet to receive an answer.
Writes to express concerns about the final Electronic Heatth Record (EHR) Stage 2 Meaningful Use Program rules recently issued
by the Centers for Medicare and Medicaid Services (CMS) and the Office of the National Coordinator for Health Information
Technology (ONC).
Upton, Duplicate of OS #092820121011
Fred
11130/2012 113020121019
11/14/2012 111420121029
10/25/2012 102520121014
10/11/2012 101120121001
10/4/2012 100420121058
10/1/2012 100120121005
Upton, As our Government faces sequestration with the potential for $1.2 trillion indiscriminately cut from the Federal budget, unlimited 9/28/2012 092820121011
Fred money is flowing from the Department to establish American Health Benefit Exchanges with little or no restrictions and
accountability. To their knowledge, HHS has conducted little substantive oversight over the multimillion dollar grants awareded by
the department. To gain a better understanding of the nature, scope and the integrity of activities funded by PPACA's 1311(a)
grants, please provide answers to the following questions in writing by FRIDAY, OCTOBER 5, 2012: 1) Is HHS tracking how
States are using these 1311 grants? 2) How is HHS measuring the effectiveness of these grants? and 3) Does HHS anticipate
providing guidance to States regarding the use of these grant dollars to prevent waste and abuse in a program with an unlimited
tap Into the Treasury?
Upton, Are strongly concerned with the CDC Communities Putting Prevention to Work Program (CPPW), specifiCally regarding potential
Fred 'inappropriate lobbying activities using CPPW Funds.'
Upton, Forward a request for documentation about the Quality Bonus Payment demonstration program, in response to concerns raised
Fred by GAO with reference to the effects of the Affordable Care Act on the Medicare Advantage program.
Upton, Addressing growing concerns from state governors about the unprecedented expansion of the Medicaid program In the Affordable
Fred Care Act, they ask you for all the legislative policy specifications on how the President's Medicaid blended rate proposal would
work.
Upton, Log/Closed - Letter of thanks and congratulations to the two chairman on completion of the Food and Drug Administration Safety
Fred and Innovation Act, S. 3187
Upton, Writes in support of an extension of the non-reimbursable detail of Mr. )(6) Ito the Minority Staff of the Committee on
Fred Energy and Commerce -
Upton, [High Priority]- The Committee is examining the Department's administration of programs funded through the Health Information
Fred Technology for Economic and Clinical Heatth (HITECH) Act. The Committee is interested in learning more about HHS's efforts to
promote health Information technology and electronic health records through the Electronic Heatth Records Incentive Program.
Upton, Log/Close- Letter to Members of the House Energy and Commerce Committee In advance of the IPAB vote
Fred
Upton, [High Priority]- They write requesting an update on the financial status of the medicaid program. Report is due on January 1 of
Fred every year, and therefore, missed statutory deadline by more than 60-days. Would like to know rationale why HHS missed the
deadline.
Upton, [High Priority]- Writes to express their concerns with respect to the Departmenfs release of the essential health benefits 'bulletin.'
Fred Given the fact that the new health care law mandates every new plan sold to Individuals and smaH businesses in 2014 and
beyond must include the essential health benefits as defined by the Secretary, and they ask you to provide them with following
information by January 27,2012: 1) The legal basis and rationale for pursuing a 'bulletin' rather than a proposed rule; 2)
Information documenting the instances over the last 20 years when an agency pursued this type of action prior to publishing; 3) A
cost benefit analysis of the 'bulletin,' 4) All documents, emails, and data pertaining to the cost benefrt analysis and the economic
impact analysis of implementing the essential health benefits 'bulletin,' and 5) A commitment that Administration staff will in the
future brief Congress before briefing lobbyists and special interest groups on important issues relating to Implementation of the
health care law.
Upton, Requests the extension of detail of Ms. Ito assist the Democratic health staff with its work on a variety of
Fred medicare issues in the coming days. ... __ ;._ ___ ...J_
8/14/2012 081420121074
8/10/2012 081020121007
7/18/2012 071820121050
7/16/2012 071620121046
5/23/2012 052320121013
3/28/2012 032820121005
3/13/2012 031320121032
3/8/2012 030820121042
1/18/2012 011820121033
12/27/2011 122720111031
Upton, [Committee document request]- Four (4) House Members write pursuant to Rules X and XI of the House Committee examining 12/21/2011 122120111007
Fred issues relating to the Department's $433 million contract with Siga Technologies Inc., to purchase a smallpox drug, specifically the
Page 1 of3
Correspondence of Rep. Tom Harkin
Writer
Name
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harllin,
Tom
Harkin,
Tom
Subject
WH ORM referral- Ref: 010220131057- Urges the President to implement the Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008 (MHPAEA)
Ref: 05/18/2011/1020- They forward copy of letter to President Obama regarding implementation of the Paul Wellstone and
Pete Domenlci Mental Health Parity and Addiction Act of 2008, which was a historic step toward comprehensive access to
mental health and substance use disorder services for unlnsued Americans.
They seeek the release of sub-regulatory guidance for women preventive services such as gestational diabetes screening, HIV
and sexually transmitted infection testing and counseling, lactation support and screening, counseUng for domestic violence and
a full range of contraceptive options improves health for women and their families, under the Affordable Care Act.
Encourages you to establish a working group to obtain input from key stakeholders regarding the further development of an
appropriate regulation for health IT.
Two senators write requesting the Department to conduct an analysis of health care worllforce needs across the country and
compile recommendations for a worllforce development plan.
Concerns regarding the need for consumer protections and safeguards in the context of State implementation of managed care
for long term services and supports under the Medicaid Program Believes that it is imperative that any shift to Medicaid
managed care by individual States not be accompanied by arbitrary restrictions in access to home and community based
services and supports, and not interfere with the right of individuals with disabilities to direct their own care.
Co-addressed to Secretaries Duncan and Solis and SSA Commissioner Astrue, forward a series of questions for the
interagency Federal Partners In Transition Worllgroup, asking that the agencies worll together to clearly Identify their roles,
responsibilities, programs, and initiatives with respect to the 2.2 million students with disabilities who are eligible for programs
providing transition services.
Log/Closed- Letter of thanks and congratulations to the two chairman on completion of the Food and Drug Administration
Safety and Innovation Act, S. 3187
Urges you to conside!rP"-'b )u.(4-")'-----!1 .. an award-winning economic development corporation owned by thekb )( 4) I of
Nebraska, for native If with the Department. "-'-'--'------'
Date Inc. ID
Reed.
1/17/2013 011720131026
1/2/2013 010220131057
1/2/2013 010220131002
12/12/2012 121220121005
11/13/2012 111320121006
10/24/2012 102420121011
8/13/2012 081320121012
7/16/2012 071620121046
7/2/2012 070220121037
Harllin, (Grant Support)- Writes to express support forthekb)(4) jgrant application to CMMI's Chronic Care Innovation program. 3/30/2012 033020121006
Tom
Harllin,
Tom
New SWIFT Document 032920121017 3/29/2012 032920121017
Harllln,
Tom
(Grant Support)- Writes to express support fo$bH
4
) I application for the Centers for Medicare and Medicaid Services' 3/21/2012 032120121004
Health Care Innovation Challenge called Better re and Costs for People with Intellectual and Developmental
Disabiliteis in Medicaid-Supported Settings (grant number 1 C12012000987).
Harllin,
Tom
Briefs the Secretary for her appearance before the Subcommittee to present the President's fiscal year 2013 budget request for 3/15/2012 031520121014
HHS. Asks her to be prepared at that time to explain the Impact, both in terms of dollars and number of people served In
various listed programs.
Harkin,
Tom
Invites the Secretary to participate in a Subcommittee hearing on Fiscal Year 2013 Federal funding for the Department of 3/8/2012 030820121031
Health and Human Services. Look forward to her testimony on this topic. The hearing is scheduled for Wednesday, March 7,
2012, at 10:00 a.m., in Room SD-124 of the Dirksen Senate Office Building.
Harllin,
Tom
(HIGH PRIORITY] - Fourteen (14) Senators express disappointment with the Secretary's December 7, 2011 decision to block 12/13/2011 121320111042
the Food and Drug Administration's (FDA) recommendation to make Plan B One-Step available over-the-<:ounter. They feel
strongly that FDA regulations should be based on science. Seeks rationale for decision.
Harllln,
Tom
(HIGH PRIORITY] - Three (3) Members write alerting of an urgent situation concerning the Keokuk Regional Hospital, a safety 12/212011 120220111022
net hospital in Lee County, Iowa. Hospital is on the brink of closing due to financing. Seeks review of the Department's legal
authorities and respond with a description of options In the medicare program and other federal programs.
Harllin,
Tom
(HIGH PRIORITY] Urges the Secretary to ensure that women have access to all family planning clinics and primary care 10/31/2011 103120111031
providers in the final regulation Implementing the essential community provider provision established by the Affordable Care Act
Harllin,
Tom
[HIGH PRIORITY] - Clarifies congression intent regarding the Child Abuse Prevention and Treatment Act's requirement that 7/29/2011 072920111021
states receiving Title I grant funding include failure to provide medical care in their definitions of child maltreatment. Encourages
the Department to Issue formal guidance indicating that failure to provide medical care when it places a child at risk of serious
harm should, in aH cases, be reported to State child protective services; that States should remove statutory restrictions on
Investigating and providing services; and that non-medical methods should not be a legal substitute for the medical care
needed to prevent serious harm to a child.
Harllin, (HIGH PRIORITY] Affirms strong support for the recommendations of the Institute of Medicine on women's health care services 7/27/2011
Tom
Harllin, (HIGH PRIORITY] Writes In strong support of recommendations by the Institute of Medicine on women's preventive health care 7/27/2011
Tom services RESCAN-
Harllin, [HIGH PRIORITY]- Commends promising Initiatives the Center for Medicare and Medicaid Innovation has undertaken since the 7/26/2011
Tom passage of the Affordable Care Act. Brings attention to an opportunity to promote new, Integrated models of care for those
suffering from end stage renal disease (ESRD). Urges the Department as a whole to partner with the ESRD community to
promote comprehensive Integrated care for the ESRD population.
Harllin, (HIGH PRIORITY]- [Two (2) Members write in letter co-addressed to Federal Trade Commission Chairman Jon Leibowitz, CDC 7/25/2011
Tom Director Tom Frieden, Agriculture Secretary Tom Viisack, and FDA Commissioner Margaret Hamburg, regarding the
Preliminary Proposed Nutrition Principles developed by the Interagency Worlling Group on Food Marlleted to Children. They
strongly support these voluntary principles and the efforts all four agencies to prevent childhood obesity.
Harllin, (High Priority]- Ltr co-addressed to Education/Arne Duncan. More than 400,000 children and youth in the United States are in 7/512011
Tom the care of child welfare agencies. These children often have experienced abuse, englect, homelessness and other trauma.
Understand that the Administration is planning an event In November to address Issues of eduational stability for homeless and
foster youth. Hopeful that the Department will be able to leverage the momentum the event to make progress relative to best
practices for increasing educational stability. Request that the Adminstration provide guidance and disseminate examples of
best practices to states in advance of the upcoming school year. Also request that you brief their staff on progress relative to
their request ty July 31, 2011 .
072720111031
072720111006
072620111052
072520111022
070520111008
Page 1 of2
Correspondence of Sen. Michael Enzi
Writer
Name
Subject Date Inc. ID
Reed.
Enzi,
Michael
B.
Ltr co-addressed to TreasuryfTimothy Geithner and Labor/Hilda Solis. As members of the Senate Finance and Health, 12/13/2012 121320121 026
Education, Labor and Pensions (HELP) Committees, they are mandated to ensure that the regulation issued by the
Departments within the jurisdiction of the Committees are promulgated in a fair, reasonable and transparent manner in
accordance with well established process. HHS, DOL and Treasury collectively posted proposed rules on November 20, 2012 to
implement the essential health benefits (EHB) mandate, acturial value (AV) calculator, marker rules and wellness provisions
under the PPACA. Request that the comment periods for regulations recently issued be extended to no less than 60 days, that
comment periods for future PPACA regulations provide no less than 60 days public comment period.
Enzl,
Mike
Encourages you to establish a working group to obtain input from key stakeholders regarding the further development of an 1211212012 121220121005
appropriate regulation for health IT.
Enzi,
Michael
B.
On behalf of constituent, .... , (.,.b..,.)..,..( 4.,..,)----------------.1. requests CMS return ERRP funds grant to LVE 11/2/2012 110220121 003
in2012.
Enzi,
Michael
Under the current law the Department is required to issue an annual 'Indicators of Welfare Dependence' report. As leaders of the 10/2512012 102520121 014
Congressional Committee that are supposed to receive this annual report, they request answers to two questions: 1) Why has
HHS failed to issue this annual report required by law during the entire time you have been Secretary? 2) When will HHS next
issue this annual report as required by law? Look forward to the Secretary's response by close of business on Thursday,
November 1, 2012.
Enzl, Disappointed about the decision to vacate the Lake Lynn Laboratory and Experimental Mine and urges you to reconsider
Michael immediately. It Is an unequaled mine safety research venue In the U.S., essential for ongoing research and testing that will save
B. the lives of countless miners.
Enzi, Co-addressed to you and Secretaries Geithner and Solis, write with concerns about the Stop Loss Insurance RFI jointly Issued
Michael by Treasury!Labor/HHS. Wonied it will result in businesses dropping employee insurance and slow job creation.
B.
Enzl,
Michael
B.
Enzi,
Michael
B.
Enzl,
Michael
B.
Enzl,
Mike
Enzi,
Michael
B.
Enzi,
Michael
B.
Enzi,
Michael
B.
(Ref. OS# 111420111002)- Sent a letter on November 10, 2011 requesting information and documents pertaining to the
operations and strategic framework for the Centers for Medicare and Medicaid Innovation (Innovation Center). They remain
concerned that at a time of significant uncertainty for the fiscal health of the U.S. government funds are being expended by the
Innovation Center with little to no actual value provided.
Writes to express concerns about the Department's implementation of the $3.8 billion Consumer Operated and Oriented Plans
(CO-OP) loan program which gives loans to help create nonprofit health insurance issuers. To help assess both the measures
HHS has established to protect taxpayer funds and the process by which you have awarded the CO-OP loans, request that the
Secretary respond by Wednesday, May 23, 2012.
Duplicate of OS #031220121018
[High Priority)- Writes to request the results of the Head Start 'Third Grade Follow-Up Study' that had been scheduled to be
completed in September 2011, as well as information about the reasons why the release of that study has been delayed until
September 2012. Request an answer to this inquiry by March 16, 2012.
Writes on behalf of his constituent.kb)(6) boncerning his hardship request to be transferred to Dallas, Texas for
completion of his NHSC Scholar program.
[High Priority)- Expresses deep concern with respect to the Department's January 20, 2012 press release mandating that health
insurance plans cover contraceptives for their enrollees. Feels this unprecedented intrusion into the core functions of religiously
affiliated employers raises serious procedural issues, as well as fundamental constitutional questions regarding the legality of
these actions. By February 17, 2012, response to questions regarding this matter.
[High Priority)- Ten (10) Senators write expressing serious concerns that CMS Is falsely marketing specific services provided
through medicare and private health plans as 'free' due to the enactment of the Patient Protection and Affordable Care Acl
While they generally support encouraging preventative care, alarmed the Department is stating that screening provided through
medicare, such as colorectal cancer screening, prostate cancer screening, mammograms, pap tests, and pelvic exams, and
smoking cessation counseling are 'free' services.
7/2/2012
6/18/2012
511012012
5/10/2012
3/2212012
3/12/2012
2/13/2012
219/2012
217/2012
Enzl,
Michael
B.
(High Priority]- Writes to express their concerns with respect to the Department's release of the essential health benefits 1/18/2012
Enzi,
Michael
B.
Enzi,
Michael
B.
Enzi,
Mike
Enzl,
'bulletin.' Given the fact that the new health care law mandates every new plan sold to individuals and small businesses in 2014
and beyond must include the essential health benefits as defined by the Secretary, and they ask you to provide them with
following information by January 27, 2012: 1) The legal basis and rationale for pursuing a 'bulletin' rather than a proposed rule;
2) Information documenting the instances over the last 20 years when an agency pursued this type of action prior to publishing;
3) A cost benefit analysis of the 'bulletin,' 4) All documents, emails, and data pertaining to the cost benefit analysis and the
economic impact analysis of Implementing the essential health benefits 'bulletin,' and 5) A commitment that Administration staff
wiN In the future brief Congress before briefing lobbyists and special interest groups on important issues relating to
implementation of the health care law.
(HIGH PRIORITY]- Four Senators write In letter co-addressed to Secretary of State Hillary Rodham Clinton, in anticipation of 12/1/2011
World AIDS Day, supporting Innovative support and focus on the U.S. President's Emergency Plan for AIDS Relief PEPFAR)
and the critical importance of the treatment focus of the Ryan White HIV/AIDS program. They stress that while the Ryan White
HIV/AIDS provides crucial treatment, prevention, and care services to patients living with HIV/AIDS, thousands of eligible
patients are still on waiting lists for life-saving antiretroviral treatments through the AIDS Drug Assistance Program (ADAP).
Three U.S. Senators write regarding concerns about the Centers for Medicare and Medicaid Services' Innovation Center 11/14/2011
established under Section 3021 of the Patient Protection and Affordable Care Act, designed to test Innovative payment and
service delivery models to reduce program expenditures. They are concerned about some of the specific mechanisms chosen
by the Innovation Center and their potential impact on medicare and medicaid spending in the near future. Requests Information
and documents on the matter.
[HIGH PRIORITY] [Copy of ltr to Secretary Vilsack, The Honorable Margaret A. Hamburg, FDA, The Honorable Jon Leiberwitz, 7/1812011
The Honorable Thomas R. Frieden, CDC] Writes regarding proposed guidelines for food and beverage marketing to children and
teens
(High Priority)- Ltr co-addressed to Education/Arne Duncan. More than 400,000 children and youth In the United States are in 7/512011
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Michael
B.
Enzi,
Michael
B.
Enzl,
Mike
Enzl,
Michael
B.
Enzl,
Mike
Enzi,
Michael
B.
the care of child welfare agencies. These children often have experienced abuse, englect, homelessness and other trauma.
Understand that the Administration is planning an event in November to address issues of eduational stability for homeless and
foster youth. Hopeful that the Department will be able to leverage the momentum the event to make progress relative to best
practices for Increasing educational stability. Request that the Admlnstration provide guidance and disseminate examples of
best practices to states in advance of the upcoming school year. Also request that you brief their staff on progress relative to
their request ty July 31, 2011 .
[HIGH PRIORITY]- Three (3) senators request that the Department develop a plan to reduce the number of seniors with
undiagnosed diabetes and pre-diabetes in the medicare program. They also encourage the Secretary to develop a long-term
system for tracking diabetes screening utilization and related outcomes in the National Diabetes Report Card.
[High Priority)- Ltr co-addressed to CMS/Donald W. Berwick to express their concerns regarding the Department of Health and
Human Services' (HHS) recently-proposed regulation implementing Section 3022 of the Patient Protection and Affordable Care
Act- the Medicare Shared Savings Program, commonly referred to as Accountable Care Organizations (ACOs).
[HIGH PRIORITY] -Writes to inform that the Administration has failed to submit to the Senate as required by law, a recent
regulation implementing part of the new health care law, specifically Interim final rule in the Federal Register tilled, 'Health
Insurance Issuers Implementing Medical Loss Ratio (MLR) Requirements under the Patient Protection and Affordable Care Act.
Request immediate action to formally transmit this rule to the Senate.
[High Priority)- Writes to request that the Department provide Congressional Members of committees with jurisdiction with any
premium, participation, or actuarial models for the Community Living Assistance Services and Supports (CLASS) Act that were
conducted prior to the passage of the Patient Protection and Affordable Care Act as agered to during a Senate Finance
Committee hearing on March 16, 2011. In order to gain a better understanding of the current implementation process, the
actuarial models HHS Is using, and the three actuarial models required to be prepared pursuant to the law, they request that the
Department provide Members of Congress with jurisdiction over the CLASS Act with any and all models developed to evaluate
the program by Friday, April29, 2011.
[HIGH PRIORITY] -Two (2) Senators are disappointed that many Committee requests for information are not receiving timely
responses. Alleges while the Department frequently makes HHS senior officials available to brief the media on new
Administration regulations and reports, the Department has ignored multiple requests for Congressional briefings on the same
topic. Specifically mentions the new health care reform legislation.
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Enzi, [HIGH PRIORITY] Urges the Department to conduct an evaluation and report on current research and other public health 3/14/2011 031420111006
Michael activities with respect to diabetes among minority populations
B.
Enzl, Thanks the Secretary for her testimony at recent Senate Health, Education, Labor, and Pensions Committe hearing. Welcomes 211512011 021520111 063
Michael any additional information/comments.
B.
Enzl, [High Priority]- Writes to share their concern with the growing number of concussions in school-aged children and tu support 2/B/2011 020820111047
Michael the implementation of the Concussion Tratment and Care Tools Act (ConTACT Act), H.R. 1347/S.2740 which passed the House
B. of Representatives unaimously on September 30, 2010.
Enzi, Invites the Secretary to testify on January 27, 2011, before the Committee on Health, Education, Labor, and Pensions at a 1/26/2011 012620111050
Michael hearing entitled. 'The Affordable Care Act: The Impact of Health Insurance Refeform on Health Care Consumers.' The hearing
B. will begin at 10:00 A.M. in Room 430 of the Dirksen Senate OffiCe Building.
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Harkin, [HIGH PRIORITY]- Clarifies Congressional intent regarding the membership of the Advisory Council on Alzheimer's Research, 6/30/2011
Tom Care, and Services. Stresses that the Council must meaningfully leverage the expertise of stakeholders throughout the
Alzheimer's community at both the national and state level.
Harkin, [HIGH PRIORITY] - Thirty Senators write concerning a number of states considering legislation which would prohibit Planned 6/29/2011
Thomas Parenthood health centers from receiving federal funds for family planning services including Medicaid funds and Title X family
planning funds.
Harkin, [HIGH PRIORITY]- Three (3) senators request that the Department develop a plan to reduce the number of seniors with 5/27/2011
Tom undiagnosed diabetes and pre-diabetes in the medicare program. They also encourage the Secretary to develop a long-term
system for tracking diabetes screening utilization and related outcomes in the National Diabetes Report Card.
Harkin, [HIGH PRIORITY]- Twenty-two (22) Senators in letter co-addressed to Labor Secretary Hilda Solis and Treasury Secretary 5/18/2011
Tom Timothy Geithner, following up on previous correspondence requesting additional guidance regarding the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of 2008. They are concerned that allowing the law to be
implemented without specific guidance on scope of service, disclosure of medical criteria, and non-quantitative treatment
limitations is resulting in insurance plans offering only limited behavorial health benefits in 2011.
Harkin, Had invited the Secretary to participate in a Subcommittee hearing on Fiscal Year 2012 Federal funding for HHS, scheduled for 4/26/2011
Tom Wednesday, March 30, 2011.
Harkin, (Grant Support)- Writes to express support for a grant application submitted by thekb)(4) hn 4/13/2011
Tom Iowa. The Tribe has applied for a Native American Language Preservation and Maintenance grant administered by the
Administration for Children and Families - Administration for Native Americans (ACF-ANA).
Harkin, [HIGH PRIORITY] Urges the Department to conduct an evaluation and report on current research and other public health 3/14/2011
Thomas activities with respect to diabetes among minority populations
Harkin, [High Priority)- Writes to share their concern with the growing number of concussions in school-aged children and tu support 2/8/2011
Tom the Implementation of the Concussion Tratment and Care Tools Act (ConTACT Act), H.R. 1347/S.2740 which passed the
House of Representatives unaimously on September 30, 2010.
Harkin, Invites the Secretary to testify on January 27, 2011, before the Committee on Health, Education, Labor, and Pensions at a 1/26/2011
Tom hearing entitled. 'The Affordable Care Act: The Impact of Health Insurance Refeform on Health Care Consumers.' The hearing
will begin at 10:00 A.M. in Room 430 of the Dirksen Senate OffiCe Building.
Harkin, [High Priority)- The Prevention and Public Helath Fund that he fought so hard to include in the Affordable Care Act 1/10/2011
Tom appropriated $750 million to implement community-based prevention and publci health programs in fiscal year 2011.
Unfortunately, both bills failed to pass the Congress for reasons unrelated to the fund, and the responsibility for allocating it
belongs to you. Would like to be assured that you will follow congressional intent when carrying out this responsibility. He is
aware that some have suggested using a the fund as a backdoor means to pay for other health care-related activities.
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Upton,
Fred
Upton,
Fred
Upton,
Fred
Upton,
Fred
Upton,
Fred
antiviral pill, 'ST -246.' Seeks more information about the threat of smallpox, the HHS Strategy to address this threat, the basis for
the cost of the procurement, and the evidence supporting the Department's belief that the contract requirements of FDA approval
of ST-246 wiH be achieved. Asks that documents be provided by January 11, 2012.
supports the non-reimbursable detail of kb) ( 6) fDA to the Minority staff of the Committee on Energy and Commerce
HIGH PRIORITY] {Response Requested NLT 10/25/2011) [x-ref 101120111018) Forwards ADDITIONAL concerns and questions
regarding the continuance and sustainability of the CLASS program. Reiterates some previously addressed questions seeking
further elaboration.
Request the detail of M4b )(6) I Special Assistant to the Director and Legislative Analyst to the Medicare Parts A&B
Group of the Centers fo r!'-:...:.....;_ __ ---Jdicaid Services at the Department to the Committee on Energy and Commerce, U.S.
House of Representatives.
[High Priority)- Pursuant to House Rules X and XI of the U.S. House of Representatives, the Committee on Energy and
Commerce is examining the participation of the Department of Health and Human Services (HHS) in implementing White House
directives to eliminate unnecessary, duplicative, or wasteful government programs and to cut costs and create new effiCiencies in
retained programs. In order to better understand the status and composition of HHS's contributions to the federal govemmenfs
unexpended balances, they request that you provide information by November 7, 2011.
[High Priority]- Writes to inquire about the recent process undertaken by the Department to award grants for service to victims of
human traffiCking. Specifically, they are interested in how the Department made decisions regarding grant awards during the
recent cycle and how the 2006-2011 holder of national contract, the U.S. Conference of Catholic Bishops (USCCB), was denied
an award.
Upton, [HIGH PRIORITY) Forwards concerns and questions regarding the continuance and sustainability of the CLASS program.
Fred Information requested NL T October 6, 2011.
Upton, Duplicate of 100520111061.
Fred
Upton,
Fred
Upton,
Fred
Upton,
Fred
[High Priority)- Pursuant to the Committee on Energy and Commerce's six-month long investigation of the Community Living
Assistance Services and Support (CLASS) Act, they are writing to follow up on reports that the Department may have new
evidence regarding the CLASS Act's viability that has not been released to the public. According to a September 28, 2011, blog
post from Kathy Greenlee, Assistant Secretary for Aging, the Department 'recently received a report from the actuary retained by
CLASS which provides the actuarial analysis of a number of potential CLASS benefit plans.' Pursuant to Rules X and XI of the
United States House of Representatives, Committee requests HHS provide a copy of this report by noon, Thursday, October 6,
2011.
[HIGH PRIORITY]- They request documents and information concerning the participation of the Department's efforts to restore
fiscal discipline to the federal government. In order to better understand HHS' Involvement in the Administration's effort to comb
through the entire federal budget, and to support the crucial mission of the Joint Select Committee on DefiCit Reduction, requests
information by September 28, 2011.
(High Priority)- Ltr co-addressed to Agriculture/Tom Vllsack and Federal Trade Commission/Jon Leibowitz. Some two and a half
years ago, Congress directed you to establish an Interagency Working Group on Food Marketed to Children (IWG) to 'conduct a
study' and to develop recommendations for standards for the marketing of food to children and teenagers. The IWG was to report
the findings of Its study and its recommendations to Congress no later than July 15, 2010. Instead of conducting the prescribed
study or providing timely recommendations to Congress, the IWG has produced a document entitled 'Preliminary Proposed
Nutrition Principles to Guide Industry Self-Regulatory Efforts.' Under the circumstances, they believe that the IWG should
withdraw the current proposal and start afresh. Conducting the study Congress asked for should be the first step in the process,
not an afterthought or post hoc rationaltzaiton. The IWG should base its recommendations to Congress on sound science, and
should explicitly evaluate the benefits and cost of different approaches Congress could take. The IWG should scrupulously avoid
making recommendations in the form of a black and white quasi-regulation (like the proposed Nutrition Principles) that others can
use to bludgeon companies Into compliance. To inform their oversight efforts, they request that you provide answers to the
following questions no later than September 27, 2011.
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Upton, Writes in support of the State of Michigan's application to waive the medical loss ratio (MLR) requirements for its Individual health 8/8/2011 080820111053
Fred insurance.
Upton, Writes to express concern with statements you recently made regarding the Independent Payment Advisory Board (IPAB). On 8/1/2011 080120111053
Fred July 13, 2011, during your appearance before the Energy and Commerce Health Subcommittee hearing, you responded to
Chairman Pitts under questioning that any person wishing to challenge IPAB decision would be abel to do so through the courts,
and further stated: 'our General Cousnel feels very strongly' on this matter. They are concerned that your statements may be at
odds with federal statute. Loook forward to your timely response within two weeks of the date of this letter.
Upton, [HIGH PRIORITY]- Fourteen (14) Members write in letter co-addressed to CMS Administrator Donald Berwick, following up to
Fred hearing entitled, 'Protecting Medicare with Improvements to the Secondary Payer Regime.' By August 5, 2011, thoughts on how to
best address Issues raised.
Upton, [High Priority) ( x-ref. 021120111031) Writes in response to previous correspondence regarding medical malpractice reform.
Fred
Upton, [High Priority]- Writes to express concern regarding changes to Medicaid eligibility in the Patient Protection and Affordable Care
Fred Act (PPACA, P.L.111-148) and Health Care and Education Reconciliation Act (HCERA, P.L. 111-152).
Upton, [High Priority] WH ORM referral - Writes with questions with regarding to the policy areas of the President medicare and medicaid
Fred reform.
Upton, Forwards copy of letter to the President encouraged by agreement that reforming the medicare program is a critical component of
Fred tackling America's debt crisis. Asks the President for additional clarification so they can understand and evaluate the new
Medicare proposals he plans to put forward.
Upton, [HIGH PRIORITY]- Pursuant to Rules X and XI of the U. S. House of Representatives, the Committee on Energy and Commerce
Fred is examining the long-term care program established by the CLASS Act under the Patient Protection and Affordable Care Act.
Within two weeks of the date of this letter, requests answers to submitted questions on the potential viability of the CLASS Acl
Upton, [High Priority]- Pursuant to Rules X and XI of the U.S. House of Representatives, the Committee on Energy and Commerce is
Fred examining the improper Inclusion of a proposal to encourage end-of-life planning in a Medicare regualtion in the fall of 2010.
Because you have openly admitted your role in this controversy, writes to you to ask that your designee be made available to brief
Committee staff on this issue during th week of March 21-25. Hopes to learn what the Department's internal discussions were
regarding this provision, and to learn how the proposal was surreptitiously Inserted and what can be done in the future to
guarantee that the Administration will not attempt t usurp Congressional prerogatives.
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Upton, [High Priority] ORM Referral - Writes to offer their support in Crafting Bipartisan Legislation to address the issue of Medical
Fred Malpractice - ask that the Administration provide a draft legislation that if passed by Congress, you will be willing to sign. (Letter
co-signed by 30 members of the Committee on Energy and Commerce)
Upton, (High Priority] - Pursuant to Rules X and XI of the United States House of Representatives, the Committee on Energy an d
Fred Commerce is requesting information on operations of the Office of Biomedical Advanced Research and Development Authority
(BARD A). To better understand BARD A's operations, they would appreciate It if the appropriate offiCials from the Department
could meet with the Committee staff to provide a briefing by February 18, 2011.
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Upton, Forwards preparation and presentation guidances for the Secretary's testimony before the Committee on Energy and Commerce 214/2011 020420111005
Fred on February 15, 2011 at 10:00
Upton, [HIGH PRIORITY] -Three (3) members write requesting within two weeks of the date of this letter, information on how $400 213/2011
Fred million is being spent to support comparative effectiveness research as authorized by the American Recovery and Reinvestment
Act(ARRA}.
Upton, [HIGH PRIORITY]- Three (3) members write requesting within two weeks of the date of this letter, lnformalion on appropriated $1 21212011
Fred billion dollars to the newly established Health Insurance Reform Implementation Fund for administrative expenses related to the
Patient Protection and Affordable Care Act (PPACA).
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Upton, (HIGH PRIORITY]- The Committee on Energy and Commerce is examining the operation of the temporary high risk health 1/26/2011 012620111025
Fred insurance program of which Section 1101 of the Patient Protection and Affordable Care Act establishes a $5 billion temporary
high risk insurance known as the Pre-Existing Condition Insurance Plan to provide insurance coverage to individuals who cannot
obtain coverage due to a pre-existing illness. Within two-weeks of the date of this letter, requests information and answers to
questions on the current state of the Pre-Existing Condition Insurance Plan (PCIP).
Upton, Forwards copy of letter to OCIIO/Jay Angoff pursuant to Rules X and XI of the United States House of Representatives, the
Fred Committee on Energy and Commerce Is examining the operations and programs of the Center for Consumer Information and
Insurance Oversight (CCIIO).
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Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Waxman,
Henry A.
Log I Closed: Pending legislation- U.S. House of Representatives will consider H. Con. Res 35 which will prohibit and FY 4/15/2011
2011 funds appropriated in HR 1473 or any other Act from being used to implement the Affordable Care Act; gravely
concerned about how theis legislation will impede the ability to operate Medicare, and Medicaid and other health programs,
should it become law.
In letter addressed to Kathy Greenlee, the Assistant Secretary on Aging, follow-up to March 17, 2011 Committee on Energy 3/25/2011
and Commerce/Subcommittee on Health hearing on the Implementation and Sustainability of the New Government-
Administered Community Living Assistance Services and Supports (CLASS) Program. Seeks response to the claim of double
counting.
Two (2) Members follow-up to March 3, 2011 Committee on Energy and Commerce hearing on the FY 2012 HHS Budget and 3/25/2011
Implementation of Public Laws 111-148 and 111-152, and questions regarding efficiencies in the medicare program under the
Affordable Care Act. Forwards website for preliminary transcript of the hearing.
[HIGH PRIORITY] -The Senator writes alleging millions of taxpayer dollars were squandered funding duplicative and 2/15/2011
burdensome congressional investigations during the Clinton Administration exceeding $35 million. Estimate does not include
the costs of investigations of multiple other allegations involving the Clinton Administration. Urges the Secretary to keep track
of the Department's costs and the impact of the requests on the ability of the Department to carry out its responsibilities.
[High Priority] - Pursuant to Rules X and XI of the United States House of Representatives, the Committee on Energy an d 2/10/2011
Commerce is requesting information on operations of the OffiCe of Biomedical Advanced Research and Development
Authority (BARDA). To better understand BARDA's operations, they would appreciate it if the appropriate officials from the
Department could meet with the Committee staff to provide a briefing by February 18, 2011.
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