your home tonight. that's it for this "special report," fair, balanced and unafraid. make it a great weekend. greta goes "on the record" right now. tonight, you, yes, you, have a problem. not only is your national healthcare web site an absolute flop but your politicians don't even know who they work for. they work for you. >> majority of people calling for me to resign i would say are people who i don't work for. >> that is the most arrogant thing i can recall hearing really over my lifetime. >> i didn't realize it wouldn't be operating optimally before the launch. >> the federal government is very -- it's just pathetic on this. >> in an ideal world there would have been a lot more testing. >> not only are these people going to get paid but then we have to pay somebody else to come in and start over and fix it. >> who pays her salary?

look i'm a public servant, she a public servant. we work for the american people. >> the site optimal at this point. >> we don't know who the texter is. how much they have paid. all the contractors involved. we have asked the 11 contractors that we do know for the information that the administration won't give us. >> the real problem isn't the web site, isn't the up from front stuff. it's how this is going to destroy the insurance markets, the health coverage in this country. >> it's getting better but it needs to get a lot better. >> my first question to her would be, secretary sebelius, you didn't talk to the president about this. you didn't talk to the american people. you wouldn't discuss this with the republicans throughout this process. who are you accountable to? >> people who i don't work for. >> the secretary says she doesn't work for you. at least not for you if you are seeking to tell her to step down. senator lindsey graham joins us. good evening, sir. >> good evening.

>> your thoughts tonight about secretary sebelius' statement, the rather clumsy statement at best? >> she made a bad situation worse. i think last thing she wants to try to suggest to people that she is not accountable for the product under her command. but, at the end of the day, let's not get so fixated on the web site as to realize, never forget that the product that they are trying to sell is worse than the web site. but here is an idea. to the 11 contractors, whatever number in charge of, you know, form a little the web site, should you really get paid? >> well, are they going to get paid? is there anyone going to do anything about paying them? according to their testimony yesterday, at least the four main ones, they said that they have done their job. it was the government that didn't test it. [ laughter ] >> well, at the end of the day their product doesn't work. the people in charge of the contractors obviously failed to oversee, you know, how

this thing was going to roll out. but where was the president in all of this? he is a pretty absent guy when he is needed the most. why -- if you were president and this is your signature issue, greta, wouldn't you call people he in six months ago and say all right, give me an update, prime time rollout is coming here in a few months. tell me how this is working. show me how it works. so we are ready for prime time. the president has been such a distant leader on so much issues but particularly this one. >> what do you make of the fact though you talk about the president. he said he was mad on monday when he spoke about it and then he directs someone else -- someone who used to be director of omb to step up and take over it. is he big footing secretary sebelius out of a job, number one. number two, he has appointed someone who is not a computer expert. i guess the person is not going to be programming the computers but an economic expert. and then that person comes out today and promised us november 30th is the day it's going to all work. >> well, number one, he is

mad. but what did he do to ensure that the product, the web site would be up and running, you know, when it was supposed to. it's not like this just snuck up on us. they had three years to get ready for this thing. number one, mr. president, who did you talk to a couple of months ago. and if you are going to put somebody else new in charge, what about the person who used to be in charge. why wouldn't you fire that person? nobody seems to get -- the only person that's been fired is the person that talked to sean hannity. that's just not right. >> i just don't get it though. it's just beyond me. i really can't believe they didn't test this. even when we launch this new show the day before we sat on the set and went through the traps to make sure it would be right. i mean, how does this even happen? i mean, i have never heard of anything like it. >> well, how does the president of the united states not ask questions and get a demonstration himself because this is his signature issue. i have been home in south carolina for a week. i have never seen business

people so confused, frustrated and angry. it's just not about the web site. the web site is the debacle but the product they are trying to sell is driving up premiums for businesses in south carolina 2 and 3 times. it's going to be a nightmare for the economy. it's going to kill jobs at a time we need to create jobs. so when the president suggests the web site is a problem but the product itself is working nicely. mr. president, you don't know any more about the product than you do the web site. if you had asked any business person about how obama care is actually going to work, you would call a time-out. has the president set down with business people, people who own fast food restaurants and walked through what they have to walk through? does he have any idea what business people are facing? has he had anybody tell him how it works in the real world? i doubt it you know what you should do, you should have business people come on your show and for five minutes walk through with you and your audience what they are having to try to figure out

it will blow your mind. >> well, we have a tester on, someone who has tested the web site and who goes a little bit deeper, sort of shocking. >> forget about -- the web -- yes. >> i know. >> the product itself. >> and i totally understand it. but, let me ask you, should secretary sebelius resign or be fired and before you answer it, how do we know that it isn't just the republicans being political and trying to give the president a hard time? how do we know if it's a political or if it's a smart answer? >> well, somebody should be held accountable for not having the web site up and running. in a professional manner with a couple years' notice. it is -- her agency who is responsible for making sure the web site works. and the product is rolled out in an appropriate professional manner. if she is not subject to losing her job, who should? and at the end of the day, is it okay for nobody to b fired? nobody has been found. >> except the woman who talked as you know talked to

sean hannity. the woman who talked to sean hannity. >> nobody has lost their job for anything. >> senator, thank you, sir. >> thank you. this is a fox news alert. shepard smith is in the fox news deck with breaks news. >> big fire in chicago been going on for 45 minutes now. this is wrigglyville a few blocks south of wriggly field. it was a one alarm fire gone to three alarms. when the chopper pulls out you will see there is a building in the center that's fully engulfed and firefighters are in a building next door. come over here and let me show you what i'm talking about. this is wrigglyville south. this is the train tracks which you will see in a minute. this is the building on fire. right here there is a hooka lounge. jimmy johns sandwich shop there and right in the heart of wrigglyville right along the train line and it has been burning like you wouldn't believe. they have not been able to

get into the building. completely attacking it from outside. 8 companies on site. water is coming in from all directions. just a minute ago i showed you the building next door, they are able to show a three-story building right next door from sky fox from wfld in chicago. right here, look at these firefighters, in the building next door they are trying to shoot down at this fire from the nearby building. as i mentioned, restaurants on that side. a huka bar on this side. and these firefighters working to get hoses out and down on this blaze. it is still burning. you see the train going by. no danger to these but the street on the at the bottom there is shut down. another fire company is in route. when we get more we have it for you, greta. >> shep, thank you. and straight ahead, save the date, november 30th. what is so special about november 30th? well, it's the new october 1st. the new day the administration is now promising to you the web site will work. what are the odds? will it happen in the latest is next. and, you can hash it out with us. here is the sizzling

question tonight. do you think the web site will be fixed by november 30th or will the administration miss another deadline? tweet or post on facebook right now. #greta. and also ahead, we have news tonight about senator ted cruz. what's his dream job? the senator telling that secret during his trip to iowa. could that be a hint? iowa? start guessing. that answer coming up. i couldn't wait to see her again. but i didn't want her to see my psoriasis. no matter how many ways i try to cover up, my psoriasis keeps showing up. all her focus is on me. but with these dry, cracked, red, flaky patches, i'm not sure if i want it to be. this is more than uncomfortable, it's unacceptable. visit psoriasis.com where you can get refusing to hide,

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exphart phone, mark the calendars, we got the date hhs setting a deadline sort of for former -- boston enrollment site. first deadline was october 1st. this is the second one of november 30th? >> exactly right. two months since the rollout when they hit the second deadline. >> how do we get this information? >> jeff zintz he is the guy president obama brought in to fix this whole web site debacle. and he was the former office of management and budget director. he has been brought. in he had a conference call with reporters today. for the first time they laid out what the specific problems were and when they would be fixed. that was the big news that came out of conference call that they have got this november 30th deadline. >> how certain? because it seems rather dangerous to put a date out there. we all will be looking for that date we expect it? >> absolutely. a lot of pressure to hit that mark. people that want to enroll and have healthcare by january 1st need to have enrolled by december 15th. so the november 30th that gives a two week gap right

there. it's got to be up and running by november 30th. >> did he sound quite confident? what was it like listening to him? >> yeah, as confident as you can be. >> he didn't say maybe? it said certainly. >> he said it's going to be running smoothly for most people who try to access it a little bit of willing room if you like. most of the bugs are supposed to be out by november 30th. >> why is he doing it? it seems to me it's secretary sebelius' job. i would feel like the president was big footing me out of there in some ways. why bring in this other guy. >> it does seem like maybe they are trying to remove her as the face of this project. president obama has always liked bringing in people from the outside to clean up these mess that, whether it's the irs that come from time to time. but, yes, sebelius is out there now kind of on the campaign trail, trying to sell the program despite these problems. so, i think it's just kind of -- they have divided up the duties and president obama thought zintz is the guy to do it. >> you said brought in

outside. very little money compared to the hundreds of billions of dollars one estimate was a billion dollars for this web site. is he from the outside? >> not like are from the government we are paying more for him. >> no he was s. within the government. >> so there is savings. at least we are not paying for that? >> there you go. >> today secretary sebelius says don't believe what you have heard. just check it out o. i thought that was the first thing she could say. checking it out is what you don't want anybody be doing right now. >> her point got lost because it was a very direct comment and she meant something subtler. she meant try to drown out the noise from the politicians who are trying to make hay off this or all the horror stories going on. don't listen to that and go in and check it out for yourself. but, i mean, it was very kind of direct comment that was kind of puzzling i think. >> are people having good experience? is it improving vastly? >> they are saying that it's improving. >> who is they? the white house? the administration? >> right, right. zintz on the call today even

sebelius today is saying that they have made incremental progress and things are running a little bit smoother. for the majority of people logging on right now, i think they are still experiencing some difficulties. >> and does the administration act worried that really thought november 30th or are they pretty confident? >> i don't think they would have come out with that date. >> they came out with october 1st without testing it. >> it would be a complete disaster if they missed this november 30th date. it has to be done. >> we'll see. anyway, jonathan, thank you. >> thank you. >> should you be worried and are you at risk of losing your doctor? find out, up next news of obama care is making doctors and patients very angry. latest from a doctor. big news from the nfl for all you fans. one sign one team may be head will to for a big change is it your team? is it the packers? find out next. talk to your doctor about viagra. ask if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pai

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>> okay, time to hash it out. wait until you hear this one, right now senator ted cruz is in iowa. is he hinting at a presidential run? senator cruz is speaking at the reagan dinner tonight at the hawkeye state and important stop for any potential candidate in 2016. talking about his dream job. does it all add up to a 2016 white house run? not so fast "the washington times" tweeting ted cruz's dream job point guard for the houston rockets. senator cruz sharing hoop dreams in interview with the des moines register. other fun fact senator cruz revealed his favorite movie is princess bride. he hates avocado and loves "on the record." okay, we added that one. the st. louis cardinals and boston red sox are tied at one game apiece. the team is travel ling to st. louis game three tomorrow boston red sox

tweeting this picture of their pitcher. best dressed award on this flight. ryan dempster. hash tag. now that is traveling in style. talk about priorities. huffington post weird. tweeting man helps rescue family from house fire goes back to save beard. the georgia hand was washing tv when the fire broke out. he escaped with five other adults and two children. then he went back into the burning home to grab a cold one. the man made it out again with a few extra beers in hand. and how does the washington brave hearts sound to you. washington redskins name change where there is smoke. tmz reporting a wealthy patent investor who happens to be investor just registered the name washington brave hearts. that's leading to speculation name change may be coming to soon. the team's owner does not even know the investor and there is no connection between the brave hearts trademark and the redskins name. so it's your turn to hash it out with us. should the washington

redskins change their names to the washington brave hearts. tweet me use #greta. coming up. could you be the one losing your doctor. news tonight on obama care that you have to hear. that's next. yeah? then how'd i get this... [ voice of dennis ] ...safe driving bonus check? every six months without an accident, allstate sends a check. silence. are you in good hands? silence. i'my body doesn't work the way it used to. past my prime? i'm a victim of a slowin? i don't think so. great grains protein blend. protein from natural ingredients like seeds and nuts. it helps support a healthy metabolism. great grains protein blend.

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i can finally be in two places at once. [ male announcer ] call today to get adt for less tha$2 a day. helping protect your business, is our business. adt. always there. >> i get your emails and i actually do read them. this is what worries many of you tonight. are you in danger of losing your doctor? well, our next guest says some big insurance companies are dropping doctors from the medicare advantage program because of obama care. dr. pam joins us. good evening, sir. >> good evening. >> so, tell me, sir, who is at risk of losing his doctors? or what you can tell me about it? >> three companies, united health care, empire blue cross, blue shield, and emblem have sent out letters

in october to physicians and patients notifying them that certain physicians will be dropped from the medicare advantage network. so those patients are at risk of losing their doctors if the doctor is not successful in filing an appeal. >> why would they drop a doctor from a network? >> that's a good question. we haven't been able to get a very clear answer on that. one of the insurance companies says it's because the obama care has caused a drop in the reimbursement for the medicare advantage companies of about 8% and they have to cut costs. but, they never said that credentialing or mailing costs are an issue. another company said that certain physicians are being dropped because they have higher utilization. than other physicians. and still someone else said that they are trying to

shift patients from individual physicians and small groups into larger groups that they have more control over as far as fees and computerization and record-keeping. >> and this effects, obviously an older patient. any idea of the magnitude or the number that of the patients it might affect in new york city? >> we have only been able to determine that one of the companies, united is dropping about 2,000 physicians in the downstate area and that would effect about 8,000 patients. >> i understand that obviously doctors and patients in new york state and i don't know about across the country, if they're experiencing the same problem, they are very upset about. this understandably so. and that you are asking for a probe to find out what's going on here. what do you want? >> well, we have notified delegates about. this and we are asking them

to investigate. we are concerned because this effects not only physicians but primarily it pat. we are going to be forced to leave their physician. it's going to effect the doctor/patient relationship. a lot of elderly and infirm people don't do well with changes. they need continuity of care. so, those patients are going to have to find a physician that's in the network who is still in the network or switch to a different insurance company. it's a difficult process for them. plus, there is a deadline, they can't switch after december 15th, i think. >> that's also one other problem too. you say it's t. effects the elderly people. elderly people have children, grandchildren, friends. see someone else go through. this it may have direct on the patients and doctors it, has a ripple effect. we all feel some pain from it. doctor thank you very much.

i hope you will come back and give us an update on it? >> thank you. >> thank you, sir. this is a fox news alert. shepard smith in the fox news deck with breaking news, shep? >> man, greta, this fire keeps going this is chicago wrigglyville south of wrigley field. here is the elevated train in the building behind it it's been burning an hour and 15 minutes. there are firefighters in nearby buildings. a three alarmer and shooting down on this thing. here is a street view of it. i mentioned earlier there is a huka shop down below. i don't know if it started here but this is what they are suggesting. this is on fire, there is a building next door. firefighters are on top of that a jimmy john sandwich shop next door trying to save all of this. pictures looking at the it full now as i'm working over here. this is video we got in from street view lillian, roll it, if you would. this is from right below the train. you can seat building burning in the background there. this is shaky. this came in to us on

instagram. police have closed clark street down on the street level. can you see this is from about 20 minutes ago as the flames were still burning up above. some still shots that chris has for us over here. pretty good ones. this was tweeted moments ago from the fire department. their official twitter account. as you can see still burning out of control. >> it is indeed. we have been watching it on the big wall and will throughout the hour. not cold there about 50 degrees. having a heck of a time getting it out. >> it looks terrifying. absolutely terrifying. shep, thank you. and coming up, congressional republicans have a message for hhs secretary sebelius. that's next.

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care so people wouldn't haven't to drop their own insurance plans and be forced into the exchanges. johnson will if you like your health plan you can keep it act. and news to the benghazi investigation, sources telling fox news former guantanamo bay detainee with al qaeda ties was in benghazi the night of the terror attack on our consulate. the source says the detainees also a member of ansar al sharia. that's islamic group identified in state department email traffic two hours after the deadly attack. and now the latest on two americans kidnapped by pirates. the american captain engineer was seized from oil ship off the coast of nigeria on wednesday. today nigerian rebels say they are in contact with the kidnappers and will attempt to ensure the americans' safety. the nigerian navy is also searching four two kidnapped americans. finally update on a story we brought you last week. you you remember, the michigan man fired from wal-mart. he got fired after helping a woman being insulted on the store parking lot. wal-mart had said he violated the work place

violence policy. well, it turns out wal-mart has now changed its tune and offered christopher oswald his job back but, get, this oswald says he is not going back and that's tonight's speed read. and tonight republican members of congress giving h.h.s. secretary sebelius an ultimatum turn over documents on the failed launch of healthcare.gov or else. well, what's the or else? possible subpoena. house oversight committee member congressman mark medals joins us. niles to see you sir? >> good to be with you. >> what's with the threat of the subpoena? >> well, we just feel like it's time that we answers. we have had some hearings and chairman issa sent forth a letter saying here is a date that we have to live by to get the real results. if not, then we plan to exercise our rights on oversight and issue a subpoena. >> y'all are so much more patient than i am. i think trey gowdy is less patient he is like i am. the letter sent over october 21st by chairman

issa says that asked for this on october 10th and you didn't get it october 10th. so now you are asking again. i would have dropped a subpoena now if he hadn't complied. >> i like the way you are thinking. what happens though is we expect them to respond when we send a q we would expect them to respond. i think issa thought we would get the data and part of that would come out. >> but you didn't. >> and we didn't. so now we have a very short fuse and hopefully they will respond there. i don't see i don't get that. i wouldn't have the second fuse. authority to do oversight as a member of the oversight committee. if you do on the it, well time suspect. >> well, hopefully the time is running out. we see that the rollout has just been a disaster and the answers are not coming forth with we are hopeful that we don't have to get to this last resort and we get it here shortly. if not, we are prepared to go into action. >> what do you want? what documents do you want? >> well, it's really more just who made the decisions?

what did they know when? we were told back in congressional hearings back in may that everything was on target. it was all going to work out. we were going to have this rollout october 1st and there was not going to be a single hiccup. we now know that's not the fact. and the american people deserve the answers. so hopefully we are going to see that also, what are the other things that we need to be concerned about. >> testify next week before energy. and if i were on the energy committee, i would actually tip her off. say here is the question i want to ask. i would say who made the decision to do the testing and when? how much oversight did you have? when did you tell the president the status of it? i would give her specific questions so that she came and had the answers rather than saying i have to get back to you. i have to to you. i don't know. i will get back to you. i would tip her off. >> that's a good idea. hopefully she is watching this tonight. he she will be prepared for those answers because i can assure you you they will be asked. the other part of that is why, why when we had an october 1st deadline, in three and a half years to be

prepared, why are we now having a new deadline of november 30th that you have been covering that i don't believe they will make? >> i also want to know who is authorizing the checks? who is actually saying that the work has been done. i want to know what kind of contracts they were. were these open-ended contracts where they could just run up the bill the programmers or not? i also want to know if there was a bid for the contracts. i wonder if there is a warranty that they were completed? i would like to know that an awful lot of taxpayer money has been spent. >> well, between 400 and $600 million. >> we heard last night it's gone even higher. >> and it could. and as we know interest a lot of things in government. they really don't know the cost until after it's already finished and we need to make sure that when we go with a budget, you you know is, it contracted? do we have some accountability? and what we have seen so far is there none. >> who gets to make the decision how these contracts are offered to people? whether it's a bid contract or not? is that someone in hhs? >> well, they made some decisions, obviously, over the last three and a half years.

>> who is they? does that go up to the secretary? >> there is contracting provisions that are there that should be followed. and normally they should be a competitive bid situation. we know that some of those subcontractors actually work for other contractors. and they are now blaming each other for why it's not working. >> you know, it's like there is no warranty of work done. that includes who is monitoring this thing? apparently no one is monitoring it. no one tests it. and now do it again and write another check. it's like really unfair to the american people. whether you are for obama care or not. >> it's not fair to the american people. you are exactly right. they deserve answers. and if we are having this much problem with something that should be simple like a web site, what are we going to get when we get the rest of obama care? >> all right. given until october 28th at 5:00 p.m. i figured that october 28th at 5:01 p.m. if you haven't gotten the document give them a subpoena and you will get them. >> that's right. >> tell congressman issa said that. straight ahead, news of a new threat to the entire healthcare system. what is the threat?

and was the obama administration trying to hide this one from you? that's coming up. also controversy tonight, u.s. air force academy, what change did the academy just make and why some people not happy about it? that's next. plus do we have more breaking news out of chicago? a fire burning out of control near wriggly field. fox and shepard smith following those breaking news. so my dog and i we're going to go find it. it's out there somewhere spreading the good word about idaho potatoes and raising money for meals on wheels. but we'd really like our truck back, so if you see it, let us know, would you? thanks. what?

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who accepts medicare patients. call or go online and request your free decision guide. use this guide to help you choose from a range of aarp medicare supplement insurance plans. have the right partner at your side. consider an aarp medicare supplement insurance plan. go long. . big change tonight at the u.s. air force academy. announcing cadets will no longer be required to say so help me god at the end of their honor oath. that's the oath the cadets take when they enter the school. the change coming to response to advocacy response complaint the military religious freedom foundation saying the reference to god violates religious freedom. so the air force academy now making those words optional. but the advocacy group says that does not go far enough. the group says the word should be totally eliminated not just optional. they fear cadets who refuse to say them may be

criticized. now you be the judge. what should the academy do about the reference to god? leave it alone is a. b is make it optional or c totally eliminate it? go to gretawire.com and vote in our poll. and coming up, this is unbelievable. doctor's mistress testifies against him in his murder trial. you will hear gypsy's testimony coming up.

no one has been fired. my goal is to actually get the web site up and running. >> madam, secretary,. >> offered your resignation, ma'am? >> what do you say to people who are calling for you to resign? >> well, the majority of people calling for me it resign i would say are people who i don't work for. and who do not want this program to work in the first place i have had frequent conversations with the president and i have committed to him that my role is to get the program up and running. and we will do just that.

>> okay. let's all go off othe record for a minute. yes, what secretary sebelius said about not working for us was dopey, really dopey and probably on a 1 to 10 scale it probably hovers around 7:00 in terms of how dopey, of course she works for us. she gets paid by the u.s. treasury. her mark about who she works for was flip and out of line. let's face it we have all said really dopey stuff. okay maybe you haven't. but i have said a few zingers in my life. so i'm all for letting secretary sebelius have a do-over on this one. a do-over for doing something very human in the face of lots of heat. a do-over means she should fix it, clean it up. and not by having some h.h.s. spokesperson issue some written statement on her behalf. she needs to do it herself. and not in some overly grandiose way in some big splashy interview. it's just not that big of deal. in the next day or so when secretary sebelius is speaking, she should say

something short about it, explain how it happened. the media will then pick it up, her mea culpa since we are hanging on every word she utters and then we should all just be done with it it's over, forget about the comment. if you are thinking why cut her some slack and give her a do-over? first, because her comment wasn't fatal. it's just a dopey remark. second, there are far more important things about healthcare to be grilling her about like that web site. we shouldn't let flip statements lake who she worked for distract us from getting real answers. that's my off the record comment tonight. if you have an important story you think i should take off the record go to gretawire.com and tell us about it. here is what happens when you peel back the curtain. while the obama administration is touting the success of exchanges. there is something they are not telling you it's what is behind the curtain. in many states most people are signing up for medicaid not private insurance. that could add up to big

trouble for the entire system. griff jenkins reports from maryland. >> many of us thought it would be a rocky, bumpy start as 2014 will be a rocky, bumpy year but i don't know of anybody who had any idea how rocky and bumpy this period would be. >> dr. gail wile nsky a former medicaid director in the exchanges. >> the devil rays is making it hard for people to easily understand how many people are actually enrolling in private health insurance plans in the exchanges. the numbers that are bandied about are the people who visited the web site maybe how many accounts are set up. but very little specific information about how many people enrolled in private insurance. sometimes we're now starting to hear numbers that include medicaid as well as private

insurance, but when that happens, nobody is saying and oh, by the way, medicaid represents 90 or 95% of that total. >> the numbers are striking. in maryland, 97% of those who signed up, simply enrolled in medicaid while barely more than 2,000 people actually bought private health insurance. in washington state, 87% enrolled in medicaid compared to the roughly 4500 that took insurance and in oregon, a shocking 100% for approximately 56,000 people enrolled in medicaid none bought insurance. >> it's not surprising that it's much easier to enroll people in medicaid after all they only have to identify themselves eligible. no choices to make and most importantly it doesn't cost them anything.

various state exchanges assumed a certain volume congressional budget office has estimated 7 million people will get new insurance in the saving exchanges in 2014. they also make some assumptions about the different health risks of people who are enrolling. no question that people who used to be in high risk pools or who know they are sick and need insurance are going to be first up to enroll what the insurance companies need is to have healthy people, low expected immoralities who frequently don't think they need insurance also enrolling balances out high users with low users so can have sustainable premium. if you get really low numbers. they are much more likely to be sick individuals and they won't be the volume that the

insurance companies planned on. that will be a problem for the insurance companies. >> and today in utah, gipsy takes the stand. she is the mistress of martin macneil the doctor accused of murdering his beauty queen wife. prosecutors say he drugged and drowned his wife so he could be with gipsy. she testified against him. >> is it fair to say owe-you would communicate from a phone. if it was by cell phone it would be by text only? >> i -- probably, yeah. >> why would that be the case? >> why would that be the case? >> why we not call you from his cell phone? informal, discreet thing. we were not interested in other people knowing. >> okay. >> i think he was trying to keep it quiet. >> did the defendant tell you about the day that michelle passed away? >> a little, yeah.

>> what did he tell you? >> he told me that there was a health fair going on at his developmental center. he told me that he had picked up -- his youngest from school and had gotten to the house and found michelle in the bathtub. >> in 2007 michelle macneill was found dead in her bathtub. the defense says she died of heart of disease. the trial resumes on tuesday. coming up, have you been slicked? have we all been slicked? do you know the real reason healthcare.gov crashed? our next guest says it is not what the obama administration has been telling you. you will hear from an experienced software tester next. female narrator: the mattress price wars are on the mattress price wars are on at sleep train.

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>> this is the most worse i ever tasted. >> not good. >> mine tastes like broccoli, yuck. >> mine tasted like poo poo. >> kind of good, kind of bad. >> be honest with me, adrianna. >> it's bad. >> we have asparagus flavor, beef flavor, vitamin a and b. >> you are saying disgusting stuff is good stuff and it's disgusting. >> you are going to love these healthy. >> i guess that was more trick than treat? and take a look at this video these baby ducks thinking they were at a water park playing at a water slide especially made for them. this video is so cute that it is going viral.

and this looks like a rocky road. police searching for the driver of this car, the one riding down the steps of the philadelphia art museum. the driver could face charges of reckless driving and damage to property. by the way. if those museum steps do look familiar to you, it's because they were made famous in the movie rocky. and that's what we're watching tonight and coming up, a veteran software tester investigates the obama care web site. and this is where you you might get really worried it has to do with how easy it is to hack your account. that's next. fiber that's taste-free, grit-free and dissolves completely. so you can feel free to add it to anything. and feel better about doing it. better it with benefiber.

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customer erin swenson ordebut they didn't fit.line customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy. i ordered another pair. i'm happy. (both) i'm happy. i'm happy. happy. happy. happy. happy. happy happy. i love logistics. >> what really crashed the obama care web site. president obama and secretary sebelius blaming heavy traffic. next guest found a different cause. that's not the only alarming thing found. ben is the former tester for the association of software testing. ben, you you tried to help someone sign up for obama care. what happened? >> yes. i tried to get some

information for a family member not covered by my employer in the process encountered a lot of issues i had heard from others. pages not loading. not able to log. in applications being rejected even though they filled out all the form data. so my initial experience sounds like a lot of others what about in terms of hacking into it if i put me email address and social security number and phone number. is it protected? >> not as well as i would have expected it, especially from a site where. americans will need to go to it in order to buy insurance. and when i started encountering issues, being a software tester, i started looking at some of the things that were happening under the covers of my web browser. and in the process i discovered that it would confirm the existence of user names and email addresses in the system. and that things like email

validation or the password reset codes were returned to the browser as well as sent to email. meaning that someone could activate an account or get to the password reset functionality without having access to the email associated with an account. >> in other words, it's not secure? >> correct. however, one of those i have noticed they fixed today since i reported it. so hopefully someone is listening. >> let me tell you who my hero is tonight. susan gruber from georgia who tweeted me during the show. she had two questions. was the software incrementally tested and what testing requirements were in the contract? those sound two pretty important questions, don't you think? >> yes, they are. they are ones i have not yet heard good answers for. >> so how would you rate this -- you where do you put your information in this web site? would you want to use it? >> right now i would not want to use it and that's

just because from what i do see, i don't think that security was real taken seriously. they don't give me the -- it doesn't give me the impression that competent people looked at that time it from a critical perspective and really tested it for security nor designed it for security. and given what i can see from outside, without trying to break in, i am even more concerned about what may be underneath. >> we only have 30 seconds left. the government, the administration has said that they expect to have all of this fixed by november 30th. looking at the magnitude of the problems from an expert point of view, does that seem like a reasonable date to fix things? >> i really -- not knowing all the problems, i don't know the security issues and some the big things. i think they certainly

the o'reilly factor is on, tonight. >> you have got to blame the republicans for some of this because they delayed everything they possibly could. >> so now fanatical democrats are saying g.o.p. opposition to obama care somehow spooked the computers. or something. talking points on the case. >> cbs news has confirmed that in washington more than 35,000 people are newly enrolled. 87% signed up for medicaid. >> that means people getting free healthcare are coming in, but americans having to pay are not. lou dobbs will break down the frightening numbers. also tonight gutfeld mcguirk on halloween costumes the university of colorado found offensive. and the pinheads of the wee