dr. burgess. you ought to be fired. >> the time has expired. >> thank you. mr. cohen, there are a lot of things in the affordable care act, but many of the provisions are about consumer protections to ensure that americans have a diverse choice of health care providers. as with many new laws, there are wrinkles in the implementation and disagreement about rational intent. i want to ask you about one of those with respect to the aca. i have been hearing from some providers, and my colleagues have been hearing same concerns, about the interpretation of the provider nondiscrimination provision in section 2706 of the public health service act. what these providers are telling me is that your agency's subregulatory -- in their view, in the view of many legislators, is inconsistent with the statute and legislative intent. and the concern is this, that the guidance could lead to discrimination against some providers by health insurers, which this provision is designed to prevent. are you aware of these concerns? my question, what are your plans to address them to ensur

dr. burgess for five minutes. >> thank you mr. chairman and mr. cohen. have to bring this up. need to do it. have to have the address it. september 202013 i asked you will be enrollment be ready january 1 and you said consumers will get its determination of what tech-savvy cities are vulnerable for an book that plans available where they live. they will be able to see the premium subsidy they would have to pay and be able to choose a plan and get enrolled in coverage beginning october 1. do you recall that exchange? >> i recall it very well. >> knowing what you know now would you like to revise that answer? >> clearly it was wrong but it was also what i believed and what i understood. based on what i had been told -- i would like to answer your question if you would permit me. i knew that i was going to be asked that question when i came here on september 19 i knew is close to -- and i was careful to give a thorough briefing from the people responsible for overseeing the web site and the answer that i gave you was exactly what they told me her functionality with the umm octobe

dr. burgess vice chair of the subcommittee. >> thank you mr. chairman and i do appreciate that you started your opening statement with acknowledgments that the reason we are here today is because of the real progress that has been made on the repeal of the sustainable growth rate formula which has been a problem for a lot of us for a long time. so the cake is literally in the oven baking and today we are going to talk about how we best go into that before the process is completed. there are certainly a number of medicaid related policies that plague providers because of the uncertainty that it brings to the program participation by provider payment each year. ..

dr. burgess for five minutes >. you said consumers will be able to go online, go into this determination of what subsidies they are eligible for, he able to look at the plants where they live. they will be able to see the premium that of subsidies they would have to pay, and they will be able to choose a plan and get enrolled in coverage giving october 1. you recall that? >> very well. >> would you like to revise that answer? wrong, but it was was what i believe and what i understood. they start what i have been told -- i would like to answer your question, if you would permit me. i knew i was going to be asked a question when i came here on september 19 and that it was closed october 1, and i was careful to get a thorough briefing from people who were responsible for overseeing the build of the website, and the answer i gave you was exactly what our functionality i was told it would be on october 1. >> i have to tell you this. i simply do not understand why no one has been held accountable for an error that egregio

dr. burgess. you ought to be fired. >> the time has expired. >> thank you. mr. cohen, there are a lot of things in the affordable care act, but many of the provisions are about consumer protections to ensure that americans have a diverse choice of health care providers. as with many new laws, there are wrinkles in the implementation and disagreement about rational intent. i want to ask you about one of those with respect to the aca. i have been hearing from some providers, and my colleagues have been hearing same concerns, about the interpretation of the provider nondiscrimination provision in section 2706 of the public health service act. what these providers are telling me is that your agency's subregulatory -- in their view, in the view of many legislators, is inconsistent with the statute and legislative intent. and the concern is this, that the guidance could lead to discrimination against some providers by health insurers, which this provision is designed to prevent. are you aware of these concerns? my question, what are your plans to address them to ensur

dr. burgess. >> thank you for yielding. i appreciate the time you devote to our oversight efforts. here is the central question: how in the world can we expect people across the country in fact it was not. it is clear now that the administration knew far more about the concerns prior to the launch of healthcare.gov before october 1. uk before us on september 19 and each time you came to this committee in the past year, he promised that healthcare.gov would be functional october 1. there were no contingency plans because none were necessary. you insisted to the subcommittee members that everything was on track. i will stipulate that some parts of healthcare.gov might be