of addresses and a lot of stuff, i understand, sorry to burden you, again, thank you for joining us, i'm bill o'reilly. please remember the spin stops here and we're definitely looking out for you. from the world headquarters of fox news it is "the kelly file" with megyn kelly. good evening, everyone, i'm megyn kelly, this is a kelly file special, what is ailing obama? for months we have been showcasing theish issue s sincee launch of medicaid and medicare. and this has been sold to the country with these basic promise

s. >> if you like health insurance, you like your doctor, you like your plan, you can keep your doctor and keep your plan. >> if you like your doctor or health care provider you can keep them. >> if you like your doctor you will be able to keep your doctor, period. >> if you like your health care plan you will be able to keep your health care plan, period. if you like your health care plan you can keep that, too. >> if you like your doctor, you keep your doctor, if you like your current insurance you keep that insurance. period. end of story. >> now, the naysayers and tyc n nn oi owe cynics doubt we can do this. >> more than 6 million were kicked off the plan before they were told to just ignore that part of the law. new enrollees learned they cannot get the promise they were told. and it was known as the lie of the year. the problem started with the

website that did not work. just six people were able to sign up on day one. and for weeks, health and human services secretary kathleen sebelius had to admit they never completely tested the system and could not tell congress how many people had signed up or how many had paid into the enrollment process. when they could report the numbers they were desperately behind their goals. and as recently as last week the president himself was quoting enrollment figures that had been discredited by major mediaand f. there are website security problems, problems with payments, problems with fixing the problems. and the reports of high premiums and deductibles for those who were able to sign up. just this last week the budget committee found that all signed up, will be provided insurance for roughly 16 million americans while leaving another 31 million uninsured. so for all the turmoil change and chaos, the best change of this bill, now law, is that two

thirds of americans uninsured will still have no health insurance. so we decided to investigate. where does this go? what happens next? what can be fixed and what cannot? we begin tonight with michael canon, at the institute of health policy studies. mike, good to see you again. that number, that only 16 million people are going to be insured and 31 million will be left uninsured and a large portion of the 16 million who will be insured thanks to this law already had insurance before obama care, they just shuffled the deck chairs on it. your take. >> all the obamacare numbers are headed in the wrong direction here. the projections for how many people will be insured this year in the exchanges and the medicaid expansion have gone down by 25, 28, 30%, the percentage of people who will be uninsured this year is 50% higher than what the cbo projected back in 2009.

the law's popularity is going down. the law has lost the uninsured. the uninsured disapprove of this law. this is the target that it is -- >> how do the uninsured not like obamacare? >> well, look at what happened. the president promised people could keep their health care, the premiums would go down, you could keep your doctor. the president promised all sorts of things, we'll have the website so you can sign up for all sorts of subsidies, all of these things are false. the president has broken all the promises so the uninsured are probably looking at that law thinking well, the government is not going to keep the promises. it is telling me i have to buy health insurance or else i have to pay a fine. if they're forcing me to buy it, it can't be all that affordable. >> and the fine will be relevant, the uninsured are going to have to pay the fine if they don't wind up signing up.

let me ask you this, at its core, the success of this law will come down to whether they get the right mix of people signing up on healthcare.gov exchange, and the state exchanges. and thus far we have been told they're not getting it. they're not getting the right percentage of young, healthy people. originally they said well, we need about 40% or so of the sign-ups to be these young, healthy people and then they didn't get anywhere near that, they're down in the low 20s. and said oh, forget that number, that was irrelevant. why aren't the young healthy people not wanting it when everybody around them said you should want it? >> well, for one thing, with all the broken promises and the higher premiums, the fact this law has become something of a joke. they don't want to spend a lot of time on the website trying to buy an unattractive plan. but i think the most important thing about the numbers we've seen so far is we've only seen the share of old versus young. that is not as important as the less healthy, versus the

healthy. you need to have a lot, within every age stratum, you need to have the cost of covering the sick people within that range. we don't know what the health situation is of the people signing up. we just know that they are older and probably will be sicker than expected. and one more thing about how the young and/or healthy are going to behave under this law when they realize that obamacare has made it easier than ever, safer than ever not to buy health insurance, they're going to have a hard time keeping young and healthy people in these plans. because they will realize you know what? i can stop paying the premiums and will still have coverage for a few months because obamacare requires that. and if i can make it until next year if i get sick i'll just buy insurance during the open enrollment period, because i can't be turned away. >> can't be turned away because of prior conditions. michael, good to see you. thanks. well, all the issues with the enrollment plans,

deductibles, sounds like a wonky insurance 101. but this is having a real impact in the lives of workers. this ceo went on line and explained how obamacare will increase the insurance costs by $7 million a year. listen. >> in the ceo chair let me give you an example of the decisions we have to make as a company. obamacare is an additional $7.1 million expense for us as a company. so we have to decide whether or not to pass that expense to employees or whether to cut other benefits. >> and that is one -- just one big firm. small businesses are facing even more dramatic challenges. david allen runs the medical billing firm in boulder, colorado, when he went to move his employees onto a state exchange plan he was looking at either a 52% hike in their premiums or telling the staff they faced a big jump in their possible out of pocket costs. david joins us now with the rest of his story. david, thank you for joining us. you have a business that has

under 50 employees so it is not required to get insurance for its employees. why did you decide to look into this? >> well, we provided health insurance for employees for many years, long before the government said that they expected us to do this. we've taken this burden upon ourselves because quite frankly we can. and we feel that it is the right thing to do. so you know, regardless of the number of employees that we have, this is a commitment that we've made to our employees. the problem is that it is getting harder and harder to keep that commitment because of the excessive increase in the premiums as a direct result of the affordable care act. >> so you're there, you're employing these 34 people or so you're deciding to give them coverage because you're a kind boss who believes in ensuring your people. and just sitting there minding your own business your premiums get jacked up because of the

law. how much? >> 52.3%, to be exact. >> so as a businessman how do you evaluate that? >> well, i mean, you can't. obviously a 52.3% increase is unmanageable. i mean, this is my second highest expense item after personnel. so i can't pass it along to my clients. i can't absorb it. it is really unmanageable. so you know we did the only thing that we could do under the circumstances. we renewed early. you know, the stipulations under the affordable care act are for plans under 2014 and forward. so we renewed two months early -- >> you got sort of a one-year grace period. >> we kicked the can down the road. >> you're coming up on this problem. so what did you eventually decide to do? will you raise premiums or fire people? what are you going to do? >> well, the jury is still out on that. we're certainly hopeful that somebody in washington will develop some common sense and come back with some alternatives

that will enable us to do what we need and want to do for our employees. short of them coming back and offering any concessions such as allowing us to keep the health insurance plan that we had in light -- and would have preferred to have kept. short of that we'll end up having to pass along the substantial portion of the increase to our employees or we'll have to increase the deductibles. or make some other substantive change. because you know again, i simply can't absorb that increase. and i don't have the luxury of passing it along to my clients. so you know, one way or the other my employees will inevitably participate in a higher financial going forward if we don't get some type of relief from the federal government. >> we've heard that story time and time again. david, all the best to you. >> well, thank you very much. we are also hearing similar stories on similar challenges for people who buy insurance directly from the exchanges as

opposed to through their employer. senator tom coburn got national attention after he signed up for obamacare under the federal exchange and learned that the oncologist treating his cancer was not in the plan. and we learned about a woman who previously was denied with a pre-existing condition. good news, except for when she went in for numbness in her arm, her doctor would not cover the plan,or the next one or the next one. of course, if she was watching "the kelly file," she would have seen this headline from the doctor based in california. >> so what happens for those who find themselves with no option but to join the exchange? >> well, we're dealing with the option because of physicians who are not participating, the

plans, only covered by certain doctors. if you put enough people in the plans and you don't have enough doctors participating you end up with a bottleneck, which is not what this was all about, improving access to medical care. >> trace gallagher has more. >> and megyn, so the mantra might be now if you thought you kept your doctor you may want to doub doublecheck. and we have all the documentation showing the doctors leaving the health care exchange because the reimbursement rates are simply too low. for example, we know a doctor who performed a surgery for several hours and was reimbursed a few $100, not enough to cover the costs. in early 2012 a doctor who wants to remain anonymous was sent a contract from blue shield saying quoting here, your participation in this network under

development of blue shield will require you to sign the new independent physician and provider agreement. well, the doctor didn't sign the agreement because he didn't want to be in the network. in october of 2012, blue shield sends another letter, this one says quoting, your completion of the agreement is critical to accessing these new business opportunity opportunities, yet we have not yet received your signed agreement. well, because they didn't receive it because the doctor doesn't want to be in that network. three weeks later he gets a third letter, this one says quote, we are writing to inform you that we plan to include your practice in our individual exchange network. so now he is in, even though he didn't sign up and the doctor can't get out. he actually had to pay a lawyer several thousand dollars to get him off the list. and dr. mark siegal says this is part and parcel of what is happening across the entire country. listen. >> the whole goal of obamacare

was to provide care for people who didn't have it. but the narrow networks are going to create a situation where those who need care the most may not be able to get it because their doctor is not participating. because they can't find a hospital that provides the service. so the end result will be people not getting care they need. >> and the bottom line here is most people will not find out that their doctor is not in their network, megyn? until they actually need to use that doctor, megyn. >> all right, trace, thank you. well, when the reports of problems with the exchange first came out we asked for reports on our facebook page, and we're still collecting them. follow me at facebook.com/thekellyfile. we've heard a lot of stories like the peace family. they live in nebraska, mom and dad are employed and signed up for the federal plan on the exchange. once they confirmed they were not covered they cancelled their old insurance and everything was

fine, they thought. until their son tore a ligament and needed medical attention. well, when the pharmacist ran the insurance, the guy said mom and dad were covered but the kids, well, they were not. and things got even more complex from there. samantha peace is with us, what a nightmare. samantha, so you are one of the people who believed you were covered only the find out to be more specific your children were not. the pharmacist says what to you? ma'am, sorry there is no record of any coverage for you? >> yes, that is exactly what they said. and i was extremely shocked. and i've spent the past three weeks talking to senators and congressmen, the white house has contacted me. health and human services and no one seems to be able to figure out a way to get my children back on the plan. >> i mean, how do you -- i'm just curious logistically, when you find out they insured half your family and none of your

children, who do you call? like how do you start that process? >> that is a very good question. i started off with calling healthcare.gov. and then i called senator fortenberry -- or congressman fortenberry, anybody at the white house. i tried to reach out to any representative that could help me. they have helped me to find people who can help me and steered me to the state insurance department and eventually to health and human services. and they want to push everybody -- all of the children on to medicaid. and i just refuse for my children to go on medicaid. >> so hhs's response is just put your children on medicaid. and for you that is not an acceptable option, why? >> not at all. i don't want to be on public assistance. and actually, almost every person at every corner has asked me to be on medicaid just to have my children insured. and i said absolutely not.

i signed up for a platinum plan and i will have them insured under that. i did have to go out and get another private insurance plan so i am paying two premiums right now. >> this is just flabbergasting, samantha, here you are, after the botched rollout, trying to get the platinum plan and after all of this when people ask you what you think about the obamacare plan and healthcare.gov, what do you say? >> well, healthcare.gov is a complete nightmare. i have probably spent 20 hours talking to them on the phone or on with their chat. and everybody knows a different thing. but nobody understood my case or knew what was going on. and nobody can help me. i mean, i talked to somebody representing the white house. senators, congressmen, and nobody knows the answer. it is because it is a problem with the law. so my children still don't have health care through the platinum

plan. >> this is unbelievable, we'll continue to follow your story and i hope you stay in touch with us to let us know how it goes. this should not have to happen. you should not have to contact the congressman, the senator, the white house in order to get health care coverage that you paid for, for your children. >> i know. >> thanks, samantha. >> yeah, that is very true. >> i mean, can you believe this with people? can you imagine having to go through that? that is outrageous. send me your thoughts on facebook.com/thekellyfile and at on twitter @megynkelly. and then of course there is the ongoing problem with the healthcare.gov. >> we're about a month behind. >> a look at the white house in damage control mode and what it means for the 2014 mid-terms. and a marketing blitz, first, keg stands and pajama boy. now, talking texts.

♪ ♪ ♪ who is responsible for all of this? and what is it costing us? [ sneezes, coughs ] i'veot a big date, but my sinuses are acting up. it's te for advil cold and sinus. [ male announcer ] truth is twon't relieve all your symptoms. new alka seltzer plus-d relieves more symptoms than any other behind the counter liquid gel. oh what a relief it is. never taken the time to just...watch. but something about spending this time together,

sailing past ancient glaciers in alaska... talking under a universe billions of years old... makes you ize how old time is and how short life is. she can take all the time she wants. prinss cruises, come back new. ♪

♪ ♪ so sign up today, enroll ♪ enroll today because we love you and we need you ♪ >> oh, my god, it's come to that. talking pets are now the latest obamacare brand replaresentativ. that is real. but they're just one part of what has become a long-running

series of shall we call them unique attempts. and fitness richard simmons is helping out california's health care exchange. and by the way, this is said to cost in excess of a million dollars. and there is the campaign using the so-called mom jeans to break through to parents. or this guy, known as pajama boy, he came out with health care talk over the holidays. washington has budgeted $684 million for marketing, advertising and awareness campaigns in just the first year. ebony williams, a trial attorney is reporting. ebony, why must we spend so much to make people love it? >> well, these ads are really right and really wrong. so we know there is a need to promote and advertise the

specifics on the health care law. now -- >> would you look at what is on the screen to your side? what is happening? >> sure. it is mocking, it is really ridiculous, right, megyn, we have to laugh at that. because it is like dumbing down something that is very serious, actually. and it is smart to target women because we are great vessels that are good at communicating some of the long-term health care ideas that are important to the rest of our family. but they're just going about it all wrong. megyn, we are too busy and don't have time for the silly antics. >> it is like the tortoise told me to do it. the pajama boy didn't do it, the mom jeans didn't work on me, but that little bull dog? that is going to do it. you know, i get that -- most people, the people who are not buying according to the numbers, are not buying, some of them because they don't understand that the coverage will be

subsidized and it may be less expensive than think think it is going to be. so this is suggesting this, it is great, but it is making a mockery of a law. >> again, this is where the advertising misses the mark, megyn. if you're going to try to promote this, we like things that are hot, hip and cool. >> richard? >> there is nothing cool about a young, grown man in flannels, or richard simmons doing ridiculous stretching. and it is not important, megyn, as you point out you're not letting people know if you don't enroll by march 31st, you will have a real life financial penalty coming your way. so it is really not getting the important things out there. >> with all due respect to richard, who i think is fabulous, if you want to appeal to millennials, why not appeal to the younger people with

somebody like beyonce? it may not work in today's news cycle. but richard simmons, the generation that precedes mine -- >> i think he misses your vote, for sure, but it is misguided. we're past just generally promoting people talking about obamacare. we're far past that. too much money has been spent. we're too far in the game for that type of promotion. we need specifics. and there was really an opportunity to do that and they missed the boat. and personally, i was despi disappointed to see that. >> we look at samantha, our last guest, is she going to buy it because she sees the bull dog? ebony, great to see you, i'll see you soon. and the white house has had its challenges managing health care rollout. and so far it looks like they have kept the website from collapse but has it permanently

wounded the president's correct? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. r? that is next. plus, what happens in very tight races when we come back. e? that is next. plus, what happens in very tight races when we come back. d? that is next. plus, what happens in very tight races when we come back. b? that is next. plus, what happens in very tight races when we come back. i? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. ? that is next. plus, what happens in very tight races when we come back. i? that is next. plus, what happens in very tight races when we come back. t? that is next. plus, what happens in very tight races when we come back. y? that is next. plus, what happens in very tight races when we come back. call today and we'll make it easy to move that old 401(k) to a fidelity rollover ira. wow, this hoh no.s amazing.

who are you? who are you? wrong answer. wait, daddy, this is blair, he booked this room with priceline express deals and saved a ton. yeah, i didn't have to bid i got everything i wanted. oh good i always do. oh good he seemed nice. express deals. priceline savings without the bidding. [ male announcer ] to truck guys, the truck is everything. and when you put them in charge of making an unbeable truck, good things happen. this is the ram 1500. the 2014 motor trend truck of the year. ♪ and first ever back-to-back champion. guts. glory. ram.

i can't believe your mom has a mom cave! today i have new campbell's chuy spicy chicken quesadilla soup. she gives me chunky before every game. i'm very souperstitious. haha, that's a good one! haha! [ male announcer ] campbell's chunky soup. it fills you up right. en to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and ows more businesses... we're open to it. start a tax-free business at startup-ny.com.

♪ ♪ so you can have a getaway from what you know.it. so you can be surprised by what you n't. get o times the points on travel and dining at restaurants from chase sapphire preferred. so you can taste something that wakes up your soul. chase sapphire preferred. so you can.

welcome back to our kelly file special, what is ailing obamacare? we learned 6 million americans lost their insurance last fall and kicked off of what the white house called sub standard plans or they were about to lose it. the problems with each cancellation report came new political heat for the administration. and the president finally stepped in and ignored the insurance companies, requiring them to cancel the policies. everybody was given a one-year grace period or at least was encouraged to. and we learned the white house may try to extend it through 2016. and this is just the latest in a set of twists and turns that kept them very busy. ed henry has more for us. >> reporter: megyn, good to see you, it is important to know what is driving all this action and potentially more tweaks to

the president's health care law. it is the election coming up. and there is a lot of pressure on democrats particularly in the senate if the president were to lose control of the senate. then he likely would have neither chamber and his final two years in office would be that much harder to implement this law and deal with immigration reform. bottom line, i spoke to an insurance industry official, a top one, who said in private conversationins the officials a concerned when the president tweaked the plans last term, it was only extending them. if you like your plan you can keep them for a year. so what will happen in september, october, right on the eve of the elections those plans will run out again and people will get the rate charges that tell them what they cost if they want to keep the plans. that is one reason it is driving the potential exchange, extending the plans for three years. what is interesting in context, we have to note the president

has a better story to tell, the website is being fixed. the more people are being enrolled. but there are more questions about if it is going so well why do you keep changing it? we heard speaker boehner saying if you keep changing it we don't know what it is in it. so the president could keep tweaking that. thank you, ed. as the president is looking a tonight problems with the website, we keep seeing his number going down, with the polls people continuing to lose trust in the president and here is part of the reason. recently when bill o'reilly pushed the president on his health care, here was the response. >> we're about a month of where we need to be. we have over 6 million people signing up for medicaid. >> that is just not true. the medicaid claim, which president obama had been making prior to the interview with bill. three pinocchios pointed out

people were just enrolling in the medicaid plan they had for years. it had nothing to do with the obamacare plan. maybe, one to two million are sign-ups. not six million. and then there was this. >> so when i said you can keep your health care, i'm looking at folks who have employer-based health care. i'm looking at folks who have medicare and medicaid and that accounts for the vast majority of americans. >> but the new report says at least six million people will be losing their plans at work in the coming years. and even that number may be too low. duke university just released a report suggesting 44% of u.s. firms, 44%, are considering cutting care to current workers. current workers. but the big problem for the president is this. >> if you like your doctor you will be able to keep your doctor. period. if you like your doctor or health care provider you can keep them.

if you have health insurance, you like your doctor, you like your plan you can keep your doctor. you can keep your plan. nobody is talking about taking that away from you. >> well, that broken promise has continued to cost the white house politically in the last few months and it is not just the white house. joining me now, chris stirewalt, chris, the democrats who not only ran on this law but embraced it are somehow going to distance themselves from it going into the 2014 mid-terms when the latest polls show 51% of the country disapproves of the law. just 38.3% of the country approves it. >> well, now counsel, can i put a little finer point on it than that? which was it was not a broken promise. which it was a lie. it has been called that.

and i think we can all conclusively say, that if everybody around him knew, as he was getting the law passed that was central to the law as he was running for re-election on the promise that you could trust him with a second term in offers because he would make good on those promises. what we see now, and it is hard to tell when it happens day in and day out but when you look over the longer arc of this, what you see is a president who was previously thought of not being good as a property but as a trustworthy, honorable person is not seen that way anymore. and now both his policies and character are in doubt. and what that means is, as you rightly point out, how can you now trust obama democrats or any kind of democrats, anybody who voted for this law when they say i know it has not been right. and i know we haven't done it right but this time we're really going to make it okay.

>> yes, and on everything ed was pointing out on health care and immigration it costs them with their trust credibility with the public. now in the wake of that lie of the year, by the president. he comes out and keeps giving the 6 million people enrolled in medicaid numbers. you and i discussed this repeatedly. it is just not true. he can sit there and look at bill and say six million people have enrolled in medicaid thanks to this law. that is not true. and kathleen sebelius had come out early on and said success will be defined under this law if we get 7 million people signed up under healthcare.gov by the end of march. that success, 7 million is not going to happen. and so now they're doing reversal of the administration pretending they never said that. listen to these two sound bites. >> i think success looks like at least 7 million people having signed up by the end of march

2014. >> well, that was never our target. seeing it from a congressional budget office, it is an accepted number. there is no magic to the 7 million. >> that was never our number. what? >> well, and how about this? this is where we get into the alternate reality. so the alternate reality in obama land is now critics of the law, any criticism of the law is not valid because it is not coming from democrats. and that is a dangerous place for them and for the country. >> chris, good to see you. you bet. well, aggressive political attack ads are hitting the air waves targeting those who did not support obamacare. >> mr. president, america needs jobs, not spins, no more lies, no more failures, call president obama and him his health law is not working. and we don't want to be trapped in it any longer. mine was earned in korea in 1953.

afghanistan, in 2009.

orbiting the moon in 1971. [ male announcer ] once it's earned, usaa auto insurance is often handed down from generation to generation. because it offers a superior level of protecon. and because usaa'commitment to serve current and former military members andheir families is without equal. begin your legacy. get an auto insurance quote. usaa. we know what it means to serve.

[ mala body at rest tends to stay at rest... while a body in motion tends to stay in motion. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. prescription celebrex can help relieve arthritis pain so your body can stay in motion. because just one 200mcelebrex a day can provide 24 hour relief for ny with arthritis pain d inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function celeex can be taken with or without food.

and it's not a narcotic. you and your doctor should balance the benefits with the risks. all prescription nsaids, like celebrex, ibuprofen naproxen and meloxicam have the same cardiovascar warning. they all may increase the chance of heart attack or stroke, which can lead to death. this chance increases if you have heart disease or risk factors such as high blood pressure or when nsaids are taken for long periods. nsaids, like celebrex, increase the chance serious skin or allerg reactions, or stomach and intestine problems, such as bleeding and ulcers, which can occur without warning and may cause death. patients also taking aspirin and the elderly are at increased risk for stomach bleeding and ulcers. don't take celebrex if you have bleeding in the stomach or intestine, or had an asthma attack, hives, other allergies to aspirin, nsaids or sulfonamides. get help right away if you have swelling of the face or throat, or trouble breathing. tell your doctor your medical history. and find an arthritis treatment for you. visit celebrex.com and ask your doctor about celebrex. for a body in motion.

. well, the problems with the obamacare rollout have handed the republicans at least an early turn in the polls, the senators who echoed his plan. >> call president obama and tell him his health law is not working. and we don't want to be trapped in it any longer. tell the senator it is time to be honest. obamacare doesn't work. congressman ron barber supports obamacare. tell congressman barber obamacare is hurting arizona families, they deserve better. >> tell kay hagan she just doesn't get it. >> tell congressman braylee obamacare is hurting iowa families and we deserve better.

>> joining me now, tucker carlson and joe trippi, joe, as somebody who advises people for a living in democratic campaigns, do you think the democrats are worried about this? >> of course they are. it is clear that this has hurt the president's credibility. hurt his numbers, dragged his favorability down. and that drags democrats down. it is the same regardless of who is president, if you have a president whose popularity has fallen whether it is about obamacare or something else. with bush it was the war in iraq. it doesn't matter. it drags the rest of the party down. and obamacare in particular is going to be one of the factors that hurts democrats. the problem still is, it doesn't all happen in a vacuum. this wouldn't be the only issue. republicans have blown opportunities to win the senate in the last two cycles when they legitimately should have taken the senate because of their inner-party fight. >> and the nominees this year.

>> and so all of these things happen. this definitely is going to be one of the factors. it is a challenge for a democrat running for office this year in 2014, no doubt about it. >> not the nominees, the candidate, and tucker, the ads we've seen come out already on the likelihood of the republicans taking control of the senate? >> well, the republicans can sure screw it up. but all things being equal i think the democrats are going to get creamed in the mid-terms. just as joe said, his numbers are foreboding, a bad sign. the other problem is turnout. the democratic base, it is tough to get a tournamentout. that is why the democrats spent so much money. they are not going to come out

to vote because they didn't vote. if you look at what happened, the disproportionate number of democrats. >> joe, we've seen people struggle to find their message on obamacare. the ones who voted for it seem to be on board trying to get away from the voter, explain the voter. here is one, jean, from new hampshire, talking about if you can keep your doctor, your plan, well, here is her new take on it. >> at least for people who are willing to pay more that they have that option of going to their doctor and hospital, no matter what their insurer does. >> i mean, that can't be the new line, can it? >> no, look, i think what most democrats are going to do is say look, they're going to work to improve it. and try to localize the rates.

they don't want this race to be national. it is in the republicans' interest to make it a national referendum on obama and obamacare, and a lot of issues they have with obama. by the way, i agree with tucker, that is what usually drives the mid-term election. people who have a grievance that vote. the voters who tend to turn out in presidential cycles is the only election they vote in. they don't have much interest in these mid-term electionsme. and they tend to fall off. those tend to be democrats. this is going to be a difficult environment for democrats. look, we had two cycles. i remember last cycle, african-americans and hispanics, and young people were not as excited about obama the second time around. they were not going to turn out. they did.

>> that was before the bad stuff when obamacare started to kick in, though, i mean, tucker, they kept away the bad stuff until after the presidential election and now we're living with it. >> they're going to try to do in 14, rather than 12, scare the heck out of the democratic base. you're going to watch a concerted effort from the white house to turn the conversation from obamacare, the pressing issue of the day to much more b abstract issues like immigration. being you're just haters, don't elect them or you're in trouble. we'll get them out on fear. >> and the women's rights, all of that. i love the words, you can keep your plan as long as you pay more. and a shocking report a few weeks ago about security concerns with the health care website. up next, we'll see what has been done and why that matters.

and if you have a story you want to share, go to facebook.com/thekellyfile and also follow me on twitter, and let me know what you think, hash tag, kelly file. announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq. add vanig deductible from nationwide insurance and get $100 off for every year of safe driving. put members first. join the nation. ♪ nationwide is on your side never taken the time to just...watch. but something about spending this time together, sailing past ancient glaciers in alaska... talking under a universe billions of years old... makes you ize how old time is

and how short life is. she can take all the time she wants. prinss cruises, come back new. ♪ ♪ prinss cruises, come back new. they lived ♪ they lived. ♪ they lived. ♪ (dad) we lived... thanks to our subaru. ♪ (announcer) love. it's what mas a subaru, a subaru.

federal officials and the security of the website, they state there have been no successful security attacks on healthcare.gov. our next statement should end with the word "yet." morgan wright is a ceo analyst, morgan i get you know, yet. but listen if you wanted to hack this website and sort of get in there and plant some malware or do something, why wouldn't they do it now? why shouldn't we feel warmed by

the thought that they haven't gotten to it yet? >> well, look, when the senate report was released showing all the major agencies have been hacked, for political reasons they want to keep it tamped down, because they want people to enroll. and when i testified, along with david kennedy, he just testified and reported that he was able to download over 70,000 personal records for people on obamacare. >> what is still not secure? >> their names, and basically information. it didn't get into the information. none of that information should have been available. nobody should know, because it is health care, nobody should know who is enrolling and what their name is. >> what is the risk of people's private medical data getting compromised? because that, too, needed to go electronic thanks to obamacare. >> look, there is -- i tell you a big issue will be fraud, megyn, as they try to bill out the billing system.

health care fraud is one of the big issues that they investigate every year. and if you actually go in to get health care benefits and go to the emergency room using somebody else's information, the issue with the health care information is the worst kind of information, if your information gets out and gets conflated with somebody else's information, you may end up with a fatal disease. it will take a long time to edit that out of your information. >> on paper. before i let you go, the number one thing people can do to protect themselves. >> look, you just need to be aware of what you're dealing with. make sure if you're on your personal computer, you're behind a personal firewall, use strong passwords. don't tell anybody your e-mail address or the pass word you use to enroll if you do that on line. don't give out information to strangers. >> all right, morgan, thank you.

we'll be right back. take a closer look at your fidelity green line and u'll see just how much it has to offer, especially if you're thinking of moving an old 401(k) to a fidelity ira. it gives you a widrange of investment options... and the free help you need to make sure your investments fit your goals -- and what you're really investing for. tap into the full power of your fidelity green line. call today and we'll make it easy to move that old 401(k) to a fidelity rollover ira. ♪ ♪ ♪

♪ to prove to you that aleve is the better choice for him, he's agreed to give it up. that's today? [ male announcer ] we'll be with him all day as he goes back to taking tylenol. i was okay, but after lunch my knee started to hurt again. and now i've got to take more pills. ♪ yup. another pill stop. can i get my aleve back yet? ♪ for my pain, i want my aleve. ♪ [ male announcer ] look for the easy-open red arthritis cap. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here and pay no taxes for ten years...

we're new york. if there's something that creates more jobs, and ows more businesses... we're open to it. start a tax-free business at startup-ny.com. with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothingorks faster. new fast acting advil. look for it in the white box. of fast is good and faster is better.

good thing walgreens gets you in and out in no time. so you get the relief you need with new fast acting advil. at the corner of happy and healthy.

this is what keeps the lights on. tonight. there are no words, but follow me on megyn kelly. hi, everybody, bob beckel, dana perino, dana is moving, it is 5:00 in new york city, and this is five. jay leno's first night on "the tonight show" was on may 25th, 1992. he made tens of millions of americans laugh over the years, but we rarely got a glimpse of the softer side of jay. last night this was the exception. >> this has been the greatest222 years of my life. first year of the show i lost my mom, second year, i lost my