Democratic lawmakers question move to shut down HealthCare.gov during open enrollment

Rep. Elijah E. Cummings (D-Md), the Ranking Member of the House Committee on Oversight and Government Reform, and Rep. Raja Krishnamoorthi (D-Ill), the Ranking Member of the Subcommittee on Health Care, Benefits, and Administrative Rules, are pressing the Trump Administration on its apparent decision to shut down HealthCare.gov during the upcoming open enrollment season.

Earlier, the Trump Administration announced that it would conduct maintenance outages from midnight to noon Eastern Standard Time on all but one Sunday during the upcoming open enrollment period and that it would shut down HealthCare.gov on Wednesday, November 1, 2017, the first day of open enrollment.

Why wasn’t the work done earlier? On September 29, the Congressmen sent a letter requesting documents and information relating to the decision by the Department of Health and Human Services (HHS) to schedule outages of the website at that particular time. Cummings and Krishnamoorthi pointed out that HHS has had the entire year to conduct routine maintenance without any disruption purchasers of healthcare plans through HealthCare.gov during the open enrollment period. Moreover, this year’s open enrollment period was reduced from 90 days to 45 days. And prior enrollment periods that lasted twice as long reportedly required fewer maintenance outages, according to the lawmakers.

Cumming and Krishnmoorthi also noted that there were earlier reports that the Trump Administration has withdrawn funding for open enrollment advertising and outreach as well as for the ACA’s Navigator program.

After the House of Representatives failed to repeal the Patient Protection and Affordable Care Act (ACA) (P.L. 111-148) in March, President Donald Trump argued that “the best thing we can do politically speaking is let Obamacare explode.”

Questions. Cummings and Krishnamoorthi requested documents and communications to address several questions, including:

  • What technical issues warrant shutting down HealthCare.gov during this year’s open enrollment period, and when were they identified?
  • What steps is the HHS taking to ensure that people are fully informed of when these outages will occur?
  • When were you made aware of the days and times for the scheduled website downtime during this year’s open enrollment period?
  • How was the decision made to shut down the website on Sundays from midnight to noon?
  • What alternatives to scheduled outages were considered? What, if any, consideration was given to the website traffic during that period in other time zones?

“Unfortunately,” the lawmakers wrote, “in addition to undermining the ACA, the Trump Administration’s recent actions may harm many Americans who are seeking to obtain health insurance to protect themselves and their families.”