Fighting Obamacare Subsidy Fraud: Is the Administrative Procedure Act Working as Intended?

Health Care Costs and Drug PricingHouse Judiciary Subcommittee on Oversight · December 10, 2025 · 119th Congress
The House Judiciary Subcommittee on Oversight held this hearing to examine a GAO investigation into fraud and improper payments in the Affordable Care Act's premium tax credit program, including fake applicants, deceased enrollees, and unauthorized broker changes, while Democrats used the session to press for extending enhanced ACA subsidies set to expire at year's end. Begins at ▶ 0:57:11
Transcript
Highlights

Title

GAO findings on ACA subsidy fraud and expiring premium tax credits

Purpose

The House Judiciary Subcommittee on Oversight held this hearing to examine a GAO investigation into fraud and improper payments in the Affordable Care Act's premium tax credit program, including fake applicants, deceased enrollees, and unauthorized broker changes, while Democrats used the session to press for extending enhanced ACA subsidies set to expire at year's end. Four witnesses testified: GAO's Seto Bagdoyan on the audit findings, Paragon Health Institute's Brian Blase and Johns Hopkins' Ge Bai on fraud and cost estimates, and Yale's Zack Cooper on underlying healthcare cost drivers. Begins at▶ 0:57:11

Who spoke

• Chairman Jefferson Van Drew (R-NJ)▶ 0:57:11: Opened by citing GAO findings that fake applicants with fictitious identities received tens of thousands of dollars monthly▶ 0:59:54, said a short-term subsidy extension may be needed but the system is unsustainable long-term▶ 1:01:35, and later submitted articles into the record including DOJ fraud prosecutions▶ 2:09:45.

• Rep. Jasmine Crockett (D-TX), Subcommittee Ranking Member▶ 1:05:48: Said 17 million people will lose coverage after the "big ugly bill," citing 25,000, 30,000, and 20,000 constituents of Chairmen Jordan, Van Drew, and Fitzgerald respectively losing coverage▶ 1:07:11; called the hearing "performative" and questioned whether alleged fraud exceeds the $200 million and $40 billion figures she cited▶ 1:11:38.

• Chairman Scott Fitzgerald (R-WI)▶ 1:13:15: Said premiums rose 129% since 2014, more than three times inflation, while subsidies grew from $20 billion to $130 billion▶ 1:13:41; cited GAO finding 7,000 deceased persons enrolled and 19,000 instances of dead people's SSNs used, plus $21 billion in unreconciled subsidies in one year▶ 1:16:28▶ 1:16:51; said a Biden-appointed judge stayed a Trump administration anti-fraud rule requiring a $5 eligibility-confirmation fee▶ 1:18:23.

• Ranking Member Jamie Raskin (D-MD)▶ 1:20:36: Said ACA tax credits expire in three weeks and premiums will rise 75% on average for 22 million Americans▶ 1:21:55; cited a Kaiser Family Foundation breakdown showing a 60-year-old in his district would see premiums jump from $581 to $1,552 (167%) versus 248% in Chairman Jordan's district▶ 1:22:24▶ 1:22:43; noted President Trump's felony convictions and pardons of health-fraud convicts totaling over $1.3 billion▶ 1:24:36▶ 1:25:36.

• Chairman Jim Jordan (R-OH)▶ 1:30:11: Argued "subsidies increase costs, choice and competition lower costs"▶ 1:30:40, and highlighted the GAO's finding of one SSN used to enroll in 125 different policies in one year▶ 1:31:36.

• Seto Bagdoyan, GAO Director of Audit Services▶ 1:34:26: Testified ACA premium tax credit (APC) spending totaled $124 billion in 2024▶ 1:34:54; said 18 of 20 GAO "ghost applicants" secured ongoing coverage and subsidies totaling $10,000/month▶ 1:36:26; cited 66,000 instances of overused SSNs in 2024 (double 2023), $21 billion in potentially unreconciled 2023 subsidies▶ 1:37:21▶ 1:38:08, and 160,000 unauthorized broker changes in 2024, five times the 2023 rate▶ 1:38:38; confirmed CMS hasn't updated its fraud risk assessment since 2018▶ 1:36:02 and that GAO's work does not address the policy question of whether the tax credit should be eliminated▶ 2:05:11.

• Dr. Brian Blase, Paragon Health Institute▶ 1:39:46: Said GAO found 96% of fake applications were enrolled in subsidized coverage▶ 1:40:08; estimated 6.4 million ineligible enrollees cost taxpayers over $27 billion in 2025▶ 1:42:25; said nearly 12 million enrollees had zero claims in 2024, up from under 4 million previously, costing $35 billion▶ 1:44:19▶ 1:44:47; later said expiring enhanced subsidies account for only about 3% of the 2026 premium increase, with the rest driven by Obamacare's underlying structure▶ 2:14:00.

• Dr. Ge Bai, Johns Hopkins Carey Business School▶ 1:45:13: Said ACA subsidies grew from under $20 billion in 2014 to $83 billion in 2023 (heading to $130 billion this year) and the taxpayer share of subsidized plan costs rose from 29% to 74%▶ 1:45:30; argued fraud is like a "cockroach infestation" and Obamacare "defrauds taxpayers three times"▶ 1:46:24▶ 1:48:43.

• Prof. Zack Cooper, Yale University▶ 1:50:48: Testified that enrolling in an ACA plan makes people less likely to die▶ 1:51:19; said 22 million people rely on enhanced subsidies and ending them would cause roughly 4 million to lose coverage▶ 1:51:46; said fraud is not the primary driver of premium growth—rising hospital and provider prices are▶ 1:54:57; confirmed 850 agents/brokers suspended by CMS in 2024 for suspected fraud▶ 1:54:27, and later confirmed all 850 were reinstated under the Trump administration▶ 1:57:19▶ 1:57:38.

• Rep. Jamie Raskin (D-MD), questioning round▶ 1:56:52: (see above) pressed Cooper and Bagdoyan on the 850 reinstated brokers and asked what HHS Secretary Kennedy and CMS are doing about fraud dating to 2014▶ 1:58:49.

• A committee member (from Chairman Fitzgerald's introduction) — not separately identified beyond role.

• Rep. from California, Darrell Issa (R-CA)▶ 2:10:59: Asked whether subsidizing healthcare lowers individual costs without addressing underlying cost, and whether prosecution/clawback deters fraud, which Blase affirmed▶ 2:11:59.

• A committee member, Mr. Aldridge▶ 2:12:47: Read a Missouri dairy farmer's letter on high deductibles and lack of price transparency▶ 2:13:17; asked Blase what share of 2026 premium increases stem from expiring subsidies (answered ~3%)▶ 2:14:00.

• A committee member, Mr. Correa▶ 2:04:45: Asked whether the GAO report recommends eliminating the premium tax credit (Bagdoyan said no)▶ 2:05:11; pressed on whether fraud proceeds benefited individual enrollees or brokers/insurers, and whether anyone went to jail▶ 2:07:45▶ 2:08:40.

Key moments

• GAO's Bagdoyan testified 18 of 20 covert "ghost applicants" using fake information secured ongoing coverage and subsidies totaling $10,000 a month▶ 1:36:26.

• Fitzgerald and Bagdoyan cited GAO findings of 7,000 deceased persons enrolled and 19,000 instances of a dead person's SSN used to enroll a living person in 2023▶ 1:16:28▶ 1:16:51.

• Jordan noted one SSN was used to enroll in 125 different policies in a single year▶ 1:31:36.

• GAO found $21 billion in unreconciled premium tax credits in 2023, representing 32% of all credits where applicants included an SSN▶ 1:38:08.

• Blase testified 96% of GAO's fake applications were enrolled in subsidized coverage, and Paragon estimates 6.4 million ineligible enrollees cost taxpayers over $27 billion in 2025▶ 1:40:08▶ 1:42:25.

• Cooper confirmed CMS suspended 850 agents/brokers for suspected fraud in 2024, and in response to Raskin's questioning confirmed all 850 were later reinstated under the current administration▶ 1:54:27▶ 1:57:19.

• Raskin cited Kaiser Family Foundation data showing a 60-year-old in his district would see premiums rise 167% ($581 to $1,552) versus a 248% jump in Chairman Jordan's district▶ 1:22:24▶ 1:22:43.

• Cooper stated fraud is not the primary driver of premium growth, attributing rising costs mainly to hospital and provider price increases, hospital mergers, and staffing shortages▶ 1:53:34▶ 1:54:57.

• Blase testified that expiring COVID-era subsidies account for only about 3% of the projected 2026 premium increase, with the remainder driven by Obamacare's underlying structure▶ 2:14:00.

• A federal judge stayed the Trump administration's rule requiring a $5 fee to confirm eligibility before auto-reenrollment; Raskin and Blase disputed whether the ruling undermined the Paragon and CBO data underlying the rule▶ 1:18:23▶ 2:00:42▶ 2:01:31.

Metadata

CommitteeHouse Judiciary Subcommittee on Oversight
Chamber / CongressHouse · 119th Congress
DateDecember 10, 2025
TypeHearing
Witnesses
Mr. Seto Bagdoyan — Director of Audit Services, Forensic Audits & Investigative Service
Mr. Zack Cooper — Associate Professor of Public Health and Economics, Yale University
Dr. Ge Bai — Professor of Accounting, Johns Hopkins Carey Business School
Dr. Brian Blase — President, Paragon Health Institute
Videoyoutube
Transcript229 caption blocks · 11,954 words · 2:17:38 runtime
EventCongress.gov 118732