Pallone and Clarke: CMS Official Appears to Have Misled Congress Under Oath

Energy and Commerce Committee Ranking Member Frank Pallone, Jr. (D-NJ) and Oversight and Investigations Subcommittee Ranking Member Yvette D. Clarke (D-NY) wrote to Centers for Medicare & Medicaid Services (CMS) Chief Operating Officer and Deputy Administrator Kimberly Brandt today raising serious concerns over the accuracy of testimony she provided to the Committee under oath at a hearing last week. 

During the hearing, Subcommittee Ranking Member Clarke asked Deputy Administrator Brandt why a legally required hearing requested by Minnesota had not been scheduled regarding the Trump Administration’s ongoing efforts to withhold health care funding for the state. Brandt replied under oath that CMS had been stayed from planning the hearing. However, two days after the hearing Brandt personally signed a letter requesting the hearing be stayed. 

“[I]n your response to Ranking Member Clarke, you appear to have intentionally conflated the two separate issues in order to avoid accurately and completely responding to the question about when a hearing would be scheduled,” Pallone and Clarke wrote to Brandt. “For these reasons, the testimony that you provided immediately raised serious concern in terms of its accuracy and completeness. But our concern dramatically grew upon reviewing a letter sent by you to Minnesota dated March 19—two days after your hearing testimony.” 

By refusing to schedule the requested hearing, CMS delayed Minnesota’s ability to fight to release critically needed health care funding for states. And when Ranking Member Clarke sought transparency as to the reason for CMS dragging its feet, Deputy Administrator Brandt provided a misleading response that was contradicted by a letter that she sent two days after the hearing.  

“At our March 17 hearing, you stated that CMS had ‘been stayed’ and yet two days later you wrote to Minnesota requesting that the hearing ‘be stayed.’ There is no clear way that these two contradictory statements by you can be reconciled,” Pallone and Clarke continued in their letter. “And as you provided both the testimony and signed the letter, there can be no excuse of bureaucratic confusion where one official did not know what another official had said or done. This conflicting testimony and confusion are entirely of your own making. We are providing you with the opportunity to correct and explain this and any other incomplete, misleading, or false testimony that you provided at the March 17 hearing before deciding what other steps are warranted.” 

In addition to explaining the misleading testimony, the Democratic Committee leaders requested documents and answers to a series of questions, including: 

• At the time of your testimony on March 17, who had “stayed” CMS from “planning a hearing?” 
• Provide all documents and communications regarding this portion of the March 19 letter requesting “that the hearing be stayed,” including whether and how that request conflicted with your March 17 testimony.

Read the full letter HERE. 

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