On Feb. 10, House Judiciary Committee Chair Jim Jordan (R-Ohio), along with Subcommittee on the Administrative State, Regulatory Reform, and Antitrust Chair Scott Fitzgerald (R-Wis.) and Subcommittee on Oversight Chair Jeff Van Drew (R-N.J.), issued subpoenas to eight major health insurers regarding potential fraud in the Affordable Care Act advanced premium tax credits (APTCs), which are used by consumers to purchase health insurance through the Marketplace Exchanges. The subpoenas were sent to Blue Shield of California, Centene Corporation, CVS Health, Elevance Health, GuideWell, Health Care Service Corporation, Kaiser Permanente, and Oscar Health.
In the subpoenas, the Judiciary Committee majority leadership referenced a December 2025 Government Accountability Office report (PDF), which found that the APTCs are liable to misuse and fraud. They note that the Trump administration’s 2025 Marketplace Integrity and Affordability rule was intended to address some of these concerns, but the administration has been delayed from implementing the rule due to ongoing litigation [refer to Washington Highlights, Jun 27, 2025].
Allegations of fraud and misuse are a key issue in the ongoing bipartisan negotiations to extend the Enhanced Premium Tax Credits (EPTCs), which expired at the end of 2025 [refer to Washington Highlights, Jan. 9]. The EPTCs were an enhanced version of APTCs intended to temporarily expand eligibility for the tax credits to households earning more than 400% of the federal poverty level and to increase the amount of those subsidies during the COVID-19 pandemic, although Congress chose to extend them as part of the 2022 Inflation Reduction Act (117-169, PDF).