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GAO-14-305R 1 (2014-03-21)

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GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548



March 21, 2014


Congressional Requesters

Department of Health and Human Services: Solicitations of Support for Enroll America

The Patient Protection and Affordable Care Act (PPACA) includes provisions intended to
increase the number of Americans who have health care coverage,1 including requiring the
establishment of health insurance exchanges-also known as marketplaces-in all states.2 The
Department of Health and Human Services (HHS) plays a key role in implementing PPACA.3
Many nongovernmental entities (hereafter referred to as outside entities) are also involved in
activities related to PPACA, including educating consumers about the health coverage options
newly available under PPACA and assisting with enrollment. In June 2013, the Secretary of
HHS (hereafter referred to as the Secretary) testified that she solicited support on behalf of
Enroll America, a nonprofit organization whose mission is to maximize the number of uninsured
Americans who enroll in health coverage made available by PPACA.4 However, certain facts
surrounding HHS's activities to solicit support for outside entities engaged in PPACA-related
activities were unclear.

You asked that we develop information on HHS's activities to solicit support on behalf of outside
entities engaged in activities related to the implementation of PPACA. We are providing
information on the facts surrounding solicitations of support made by HHS officials for outside
entities engaged in activities related to PPACA and the actions taken by HHS officials to inform
their decisions to make such solicitations.

To obtain the information we present here, we reviewed written responses from HHS to
questions we asked about its solicitations of support since the enactment of PPACA in March
2010 and documentation related to those activities, including e-mail correspondence and
internal memoranda. We also reviewed HHS's written responses to questions on the actions
taken to inform their decisions to make solicitations and related documentation, including written
guidance provided by HHS's Office of General Counsel (OGC). To supplement these reviews,
1Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of
2010 (HCERA), Pub. L. No. 111-152,124 Stat. 1029 (2010). For purposes of this report, references to PPACA
include the amendments made by HCERA.
2Health insurance exchanges are marketplaces where eligible individuals can compare and select among plans
offered by participating private issuers of health coverage.
3For example, PPACA requires HHS to approve the establishment of health insurance exchanges in each state and,
in states not establishing an exchange, to establish and operate exchanges in these states. In 2014, HHS's Center
for Medicare & Medicaid Services (CMS) is operating federally facilitated exchanges in 34 states. CMS conditionally
approved proposals from the remaining 17 states (including the District of Columbia) to operate state-based
exchanges in 2014.
4U.S. Congress, Reviewing the President's Fiscal Year 2014 Budget Proposal for the U. S. Department of Health and
Human Services, Before the House Education and the Workforce Committee, transcript (Washington, DC: Federal
News Service, Inc., June 4,2013), accessed through LexisNexis Congressional January 16, 2014. 113th Cong.
(2013) (statement of Health and Human Services Secretary Kathleen Sebelius).


GAO-14-305R


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