federal requirements, hhs steps in, and what the hhs does is set up the required exchange. it says such exchange, which is referring to the immediately prior to the required exchange where the only exchange required in the act is an exchange under section 1311(b)(1). so it has to be that's that what hhs is doing under the plain text of the statute is fulfilling the requirement of the section 1311(b)(1) that each state establish an exchange, and for that reason we say it qualifies as an exchange established by the state. that's reinforced, as justice breyer suggested earlier, by the definition which says that an exchange is an exchange established under section 1311. 1311, again, has 1311(b)(1) which says each state shall establish an exchange. and it has to be that way because petitioners have conceded, and it's at page 22 of their brief, that an exchange that hhs sets up is supposed to be the same exchange that petitioners say function just like an exchange that the state sets up for itself. >> well, you're putting a lot of weight on the on the one word, "such," "such exch

it says to hhs that when a state has not elected to be the federal requirements, hhs steps in. what hhs does the sets of the required exchange and such exchange, referring to the required exchange, but the only change required in the act is a change under 1311 b1. it has to be that what hhs is doing under the plain text of the statute is billing the requirement of 1311 b1. that is why we say it qualifies an extension established by the state. it's by the definition which says the extent established under 1311, which says each state shall establish an exchange and it has to be that way. edition is have conceded on page 22 of their brief, that an exchange that hhs sets up is supposed to be the same exchange and the petitioner say functioning just like an exchange that the state sets up for itself. >> you are putting a lot of weight on the word "such." it seems an unrealistic interpretation of "such" that the federal government shall establish a state exchange. it seems to me that just -- such means in exchange for the state rather than in a change of the state. at the federal gov

requirements, hhs steps in, and what the hhs does is set up the required exchange. it says such exchange, which is referring to the immediately prior to the required exchange where the only exchange required in the act is an exchange under section 1311(b)(1). so it has to be what hhs is , doing under the plain text of the statute is fulfilling the requirement of the section 1311(b)(1) that each state establish an exchange, and for that reason we say it qualifies as an exchange established by the state. that's reinforced, as justice breyer suggested earlier, by the definition which says that an exchange is an exchange established under section 1311. 1311, again, has 1311(b)(1) which says each state shall establish an exchange. and it has to be that way because petitioners have conceded, and it's at page 22 of their brief, that an exchange that hhs sets up is supposed to be the same exchange that petitioners say function just like an exchange that the state sets up for itself. >> well, you're putting a lot of weight on the one word, such such exchange. such it seems t

carvin. >> not established by hhs under section 1311 -- >> mr. carvin. >> so it eliminates any potential ambiguity created by the definitional section. >> can i offer you a sort of simple daily life kind of example which i think is linguistically equivalent to what the sections here say that justice breyer was talking about? so i have three clerks, mr. carvin. their names are will and elizabeth and amanda. ok? so my first clerk, i say, will, i'd like you to write me a memo. and i say, elizabeth, i want you to edit will's memo once he's done. and then i say, amanda, listen if will is too busy to write the memo, i want you to write such memo. now, my question is, if will is too busy to write the memo and amanda has to write such memo, should elizabeth edit the memo? [laughter] >> if you're going to create moneys to will for writing the memo and amanda writes the memo and you say, the money will go if will writes the memo, then under plain english and common sense, no, when amanda writes the memo -- >> gosh -- >> but now -- >> you run a different sh

those hhs exchanges. >> thank you, counsel. the case is submitted. >> after the oral argument, the white of the plaintiff and the defendant of the king v. burwell lawsuit spoke to reporters. also the attorney represent lawmakers who authored the health care law. health and human services secretary sylvia burwell. this is about 25 minutes. >> hi, my name is pam hurst. i am here with my husband doug. >> we a your behalf on -- we are here on behalf of all the plaintiffs in king v. burwell. decisions made here in washington directly affect middle-class families like ours. we believe it is time that those weapons hurt by washington take a stand. that is my dog joined the case -- why doug joined the case. we never imagined we would show up at the supreme court, but that shows you how important this case is. not only for us, but those around the country who are affected by obamacare. there are millions of americans who have lost their plans or their doctors or, like doc and i -- like doug and i, were forced by the irs to either buy in

carvin. >> not established by hhs under section 1311 -- >> mr. carvin. >> so it eliminates any potential ambiguity created by the definitional section. >> can i offer you a sort of simple daily life kind of example which i think is linguistically equivalent to what the sections here say that justice breyer was talking about? so i have three clerks, mr. carvin. their names are will and elizabeth and amanda. ok? so my first clerk, i say, will i'd like you to write me a memo. and i say, elizabeth, i want you to edit will's memo once he's done. and then i say, amanda, listen if will is too busy to write the memo, i want you to write such memo. now, my question is, if will is too busy to write the memo and amanda has to write such memo, should elizabeth edit the memo? [laughter] >> if you're going to create moneys to will for writing the memo and amanda writes the memo and you say, the money will go if will writes the memo, then under plain english and common sense, no, when amanda writes the memo -- >> gosh -- >> but now -- >> you run a different sho

it says to hhs when a state hasn't elected to meet federal requirements hhs steps in. what hhs does is set up the requirement exchange. such exchange referring immediately to the required exchange, only required act under exchange 1311 b 1. it has to be what hhs is doing under plain text of the statute fulfilling 1311 b 1 each state establish an exchange. for that reason we say it qualifies as an exchange established by the state. that's reinforced as justice said earlier definition, exchange is established under section 1311. 1311 again 1311 b 1, which says each state shall establish an exchange. it has to be that way. petitioners have conceded page 22 of their brief that an exchange that hhs sets up is supposed to be the same exchange. then petitioners say function just like the state sets up itself. >> putting a lot of weight on the word "such," such exchange. it seems the most realistic of such to mean federal government shall establish a state exchange. rather it seems to me such means in exchange for the state. rather than in exchange of the state. how can federa

what is hhs, nih doing to find a cure? budget you see a 24% increase to funding for alzheimer's which is much greater than the percentage increase even within the other nih. so focusing deeply on doing that. it is also part of the brain initiative. as we think through there are specific issues. but we are also making progress on something which is a protein that is indicative of alzheimer's. that's one of the pieces of research that's going on. if we can make progress there, the other piece of research is seeing if there are ways that we can slow the progression by understanding how the neuro channels move and what's happening in the disease. those are pieces of resenkarch that we're starting. we believe that with the funding we are asking for that we can move that research we can broaden it and we can make it faster. >> so dementia is a major focus of work in the united kingdom and other developed countries. are we keeping up with the rest of the world in research activities and investments? >> no. we believe that we are

so that gives you a sense of the time line that hhs is operating under. >> what about congress. you really think congress is just going to sit there while all of these disastrous consequences ensue? how often have we come out with a decision, such as the bankruptcy court decision, congress adjusts and nakts a statute that takes care of the problem. happens all the time. why is this not going to happen here? >> this congress? >> i don't care what congress you're talking about. if the consequences are as disastrous as you say, so many million people without insurance an what not yes i think this congress would act. >> the relevant question and i'm going to try to get back to the point i was trying to make in response to justice alito's question. the relevant what did congress enacting this statute in 2002 do. did they really set up a system where the states are subject to the kind of onerous situation the petitioner claims. i think there are three text ral indications that could not be the statutory scheme they tried to set up. first is the existence of the federal exchange. it wo

are you or senior staff at hhs aware of this document? >> mr.this is a document i'm not aware of. with regard to the question that you have asked, as i said in the letter, we believe, and i think it is very important to understand the damage, because it is related to the answer, the damage comes in the number of uninsured that would occur, number two it occurs in what happens in the individual market place where a group of less healthy individuals come in and that drives premiums up in that market place and number three, the indigent care that occurs from the uninsured and what that means in both those states in terms of their economy as well as what it means for employer base. those are the ramifications. with regard to those things which we believe are the damage, as i state in the letter, we believe we do not have any administrative actions and therefore there is not -- >> let me ask -- go on to another issue. i, as you know, as we discussed over the phone, i'm deeply concerned about the lack of hhs action regarding california and the dmhc au

hhs will establish such exchange. but 36 b. turns on who establishes the exchange whether it's the state you get the subsidy, if it's hhs you don't. if there's any ambiguity about when to use of words such whether they're trying to somehow magically transform hhs into the state, all you have to do is look at the context of the act and look at the provisions dealing with territories. territories are also required to authorize or establish such exchange. and immediately after they held them, it says and shall be treated as a state for these purposes. so we know that such does not connote that hhs or the territories are a state and we know that congress does have a treat a nonstate entity as the state entity in the aca when it wanted to do so. so the argument on the other side we were taking hyper liberal myopic approach in getting this effect to the text of the statute. and while people like scalia might buy that argument, no serious person can buy the argument because after all they look at other manifestations of congressional

if it is hhs you don't. if there is any ambiguity where they were trying to somehow magically transform all you have to do is look at the context and provision dealing with territory. territories are also required or authorized to require such exchange. they tell them to do that and shall be treated as the state for these purposes. we know that congress knows how to treat a nonstate entity as a state entity when it wanted to do so. the argument on the other side this myopic approach and giving this affect to the statute. and while people might buy that argument a serious person can because after all they look at other manifestations of congressional intent, most obviously legislative history. whether or not clear text can be established by contrary legislative history my.has always been however that debate is resolved will affect his gaze because you case because you can look through the volumes of legislative history and you will not see a single expression by anyone anywhere suggesting subsidies are availa

if it's hhs, you don't. if there's any ambiguity about when they use the word such whether they were trying to somehow magically transform hhs into the state all you have to do is look at the context of the act and look at the provision dealing with territories. now, territories are also required to or authorized to establish such exchange. and immediately after they tell them to do that, it says and shall be treated as a state for these purposes. so we know that such does not connote that hhs or the territories are a state and we know that congress knows how to treat a nonstate entity as a state entity in the aca when it wanted to do so. so the argument on the other side is we're taking this hyperliteral myopic approach and giving this talismanic effect to the effect of the statute. and while people like scalia might buy that argument no serious person can buy the argument because after all they look at other manifestations of congressional intent, most obviously legislative history and there certainly is a

so, we are aware of some lawsuits at hhs. -- at hhs, alleging the benefit designs are discriminatory. i believe some of those lawsuits have been settled, but my personal opinion is ideally, you would have the feds or the states giving clearer guideposts for insurance companies to prevent the practice in the first place, as opposed to waiting for it to be litigated. >> this has been a particular issue in the state of florida and there has been some on depth -- in-depth look there at plan availability and some of the researchers at kaiser family foundation are looking at case studies that look particularly -- in-depth look there at plan at the drug benefit offerings for different plans inside different states to see of there are any patterns there that might be discriminatory. >> al millican, a.m. media -- depending on how the supreme court decides, how many people would you estimate are going to be affected by the decision? i was curious that all of you have -- if all of you would have similar opinions about that? >> when we look at the states in the federally run marketplace there are

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for example, hhs reported this as a primary root cause of improper payments for home health claims in fee for service programs. ... maintaining death reports could result in untimely or erroneous death data. for example we reported november 2013 that ssa did not independently verify death reports for all social security beneficiaries or any non- beneficiaries before including them in death records. when death date is not verified there is increased risk that such data will be inaccurate or incomplete resulting in other federal benefit paying agencies using data to make improper payments. we identified errors with death data finding instances of records with the day of death preceded the date of birth and records showing recorded a subject between 150 and 195 years of age. we recommended a risk assessment be conducted always to address, and the feasibility and cost effectiveness of doing so. our report noted that ssa electorate and guidelines for determining agency eligibility to access the folder file. we recommended they develop and publicize guidance to more systematically determine

it's a large part of hhs, but you have hhs running cms and not doing a very good job at that.st all these agencies and find all kinds of failures because the federal government is not going to run things as well as the state and local governments will. and the people want to be a little more free than what we are right now. neil: i'd be remiss if i didn't bring up this whole iran letter, and your colleague, ron johnson, doesn't take anything against writing it maybe to the iranian leaders he wrote it, that maybe who-delivered to was the problem. do you share that? >> well i can say this, you know, i don't blame senator cotton for coming up with this letter, and i think basically it's saying to iran, look, what you're going to enter into with the president is just an executive order, and that could be changed by the next presidency. i think that's important for -- they probably understand that but it's important for them to understand that congress has a role here -- neil: no, no, i agree with that. obviously, that's not what he was saying, but you got caught up from the irania

your tenure at omb and hhs is i think a real service to the country. i wanted to talk about this concept of full repeal which has been a drum beat for years it seems from the other side of the aisle to understand the implications of a full repeal. so i wanted to go through some of the things that were part of the aca. and ask you it may not be that everyone of them is jeopardized by a full repeal. but i think certainly some of them are. so, the aca include ad measure that would allow young people to stay on their parents healthcare up to age 26 and i think upwards of three million younger adults have benefited from that. if there was a full repeal of the aca would that benefit and provision be in jeopardy? >> it was part of the original act, so yes. >> then there was an effort to begin closing the doughnut hole on prescription drugs under the part-d program. which, has bedeviled many of our seniors who kind of fall into that doughnut hole. often at a critical stage in terms of being, needing to access prescription drugs and the aca reform included an e

so, we are aware of some lawsuits at hhs. -- at hhs, alleging the benefit designs are discriminatory. i believe some of those lawsuits have been settled, but my personal opinion is ideally, you would have the feds or the states giving clearer guideposts for insurance companies to prevent the practice in the first place, as opposed to waiting for it to be litigated. >> this has been a particular issue in the state of florida and there has been some on depth -- in-depth look there at plan availability and some of the researchers at kaiser family foundation are looking at case studies that look particularly -- in-depth look there at plan at the drug benefit offerings for different plans inside different states to see of there are any patterns there that might be discriminatory. >> al millican, a.m. media -- depending on how the supreme court decides, how many people would you estimate are going to be affected by the decision? i was curious that all of you have -- if all of you would have similar opinions about that? >> when we look at the states in the federally run marketplace there are

. >> i was a member of the hhs community to make sure we screen folks for eligibility at every single of contact. i know the director of hhs is concerned about a separate office. >> reporter: reimer adds there are 65,000 children under 5 living in montgomery county but only 39,000 slots at regulated child care providers, leaving a gap of about 26,000 kids. >> it's a great idea. they have definitely a notable need for it in the county. >> reporter: if you would like to give your opinion on the proposed office of child care there is a public hearing set for tuesday, march 31st at county council. in montgomery county kristin wright news4. >>> a potential juror in leesburg virginia had a pretty good reason to be excused from jury duty today. he's the state attorney general. mark herron got a summons to appear for jury duty at 8:00 this morning. he showed up sat with the other potential jurors until he was dismissed at 11:00, then drove back to richmond. he says he was just performing his civic duty. >>> very few people have seen what we're about to show you and most will never have a chan

at least and i condemn obamacare giving authority to hhs. authority to itself that two federal courts have already said they don't have. >> all right. i want to go down the line real quick on this secret service story. how about this? these two guys, alcohol involved and this at the white house? >> it's keystone cops and coverup. that's why it goes from the comedy to a real issue. life of the president and family at stake here. >> after all that we have seen. >> they have come in the front door. amazing all the scandals at different agencies that this one continues to bleed. it's incredible. >> the secret service so held with such regard, judge for some years. >> i think the regard is a myth. there is a culture there that permits this to go on. they need a culture like the fbi has where this would not happen. >> panel, thank you. that's it poor the panel. stay tuned for a lesson in dressing the part. why do i cook? because i make the best chicken noodle soup. because i make the best chicken noodle soup. because i make the best chicken noodle

several of them were there including hhs secretary cynthia burwell.lso former hhs secretary kathleen sebelius, she was sitting there, too, and i think she had to be thinking about her legacy. >> greg. >> shannon good to see you again, as always. i have an observation for viewers some advice for politicians, and then a question for you. first the observation. this is about subsidies and subsidies, let's face it, it's boring. nobody is listening. and boring things kill you. that's the problem. boring things kill you. and the left counts on people tuning out when you start talking about boring stuff. my advice is it's time to co-opt the left. when the left wants something, they say it's broken. foreign policy is broken. health care is broken. let's fix it. so the only way to combat this is to say that obamacare is broken, and we need a new program called no obamacare now, my question to you is how is ruth bader ginsburg? >> reporter: she was lively. she was right out of the gate. and i guess what you're proposing is no obamacare is what you're going to b

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there was an article that talked about a meeting that senator reid and senator menendez had with then hhsecretary kathleen sibelius. what was the meaning about? do you think it was ensuring millions of americans under obama helping new jerseyans understand their medicaid? no, it was senator menendez complaining his friend had been treated unfairly in billing practices under medicare and medicaid and kathleen sibelius called then to have this meeting. people should worry about things like that. >> to me i was somewhat shocked that a man who has spent more than 40 years in public service starting at the school board and hudson county when he was in his 20s, he can just up and write a 58,000-dollar check. how do you do that on the senator's salary? >> we call them politicians. they are referred to as public servants and if you look at the way senator menendez ran for the senate seat as a man for the people you can't hallow -- can't count how many folks he has helped. then you hear we can make so much more money if we were in a law firm or worked in business and i'm sacrificing. people ought

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someone with ovarian canc and even if y hve d theeing a you are nete, you still have a higher risk much hhed the again population of devoping ovarian cnce >> jolie said carrying the gene mutation does not mean a link to srr se ehasizes that she and her women li her have opons. she wte i feel femine a grounded in the choices i am kinforysf and my family. >> as f the braca mution it i not common and not everybody sould test. wohould be tested if you have bet a ovarian cancer both in e family and a male in yo family diagned with breast ccer or bilateral brea capnc. btolie sparked again e dalue abt wen's health. >> it is a good thing. but obvious any woman or man maki a dmatic decision sould only do so aft csultingi doctors. >> absolely. i is ffent for everyone it is individl, consult your dcr. >> coming up on "action news" toght, opportuty in space. the nasa mars rover hits a milesto. >> and change in pla is keepinamin forces for a lonr period of time in aghant. >> plus on "healthcheck," sou i say this? th're great! mang brefast cereal and xho chocoteandme nutritious. >>> going to wet, winter

hhs permanent head of human health services has provided what they would do would be a discriminatory benefit design, but it is still pretty vague. to date what is happening is to have individual organ is nations looking at some of the health plan benefit which by the way can be hard to get a hold of if you are not enrolled in the plan. so we are aware of some lawsuits filed with the federal office of civil rights that hhs alleging that benefit designs are discriminatory. some lawsuits have been settled, but my personal opinion is ideally the feds or the state would have some clearer guide those are boundaries to prevent practice in the first place. as opposing to waiting for it to be litigated. >> this has been an issue in the state of florida and their sense of in-depth look at availability and some of the research of the kaiser family foundation are working on case studies that were particularly center and if it offerings in different plants in five different states to see if there's any patterns that would be discriminatory. depending on how the supreme court decides, how many peo

for example, hhs reports this is a primary root cause of improper payments for home health payments for fee for service. and another driver such as the earned income tax program is the agency's inability to verify eligibility requirements including recipient income and the number of dependents. one example is to address underlying root causes is eligibility validation through sharing of data such as the ssa death data. the do not pay is a centralized data matching services that allows agencies to review multiple data bases including certain data made by ssa to determine data eligibility for payments. ssa can collect and manage death data to help prevent improper payments at the federal level. ssa maintains the full death data only eligible and contains data from funeral directors, family members and other agencies and states the death master file available to the public is a sub set of the full file and does not contain death data from states. while reviewing death data can be a useful tool for agencies there are opportunities for ssa to improve the accuracy and completeness of the data

fray the hh only 28 degree tat'21 degrees below normal.gd news is tperatures moderate over the weekend. satury up to 40 degrees. we spring forward one hour. on saturday night we begin daylit sang time. thef first day is betiful, sny. adonday mixing th clouds 4. teame onuday. ad weesday, this is payback tme for tomorr's weather. an afternoon high up to 50 degrees. bt torrow wl a big pobm in the "action news" tais in ear beginning at 4:00 a.m. to tck the storm system and road conditions f or viewer >> you are guaranteeg this is te lt snoa of the year. > im not guaranteeing but i hope so. kwi -- we can have sw into may > ch. >>> and e f. aim >> t f.d.a. aiming for a better flu vaine. and this year it s overmatcd. andhe nb the seniors hospitalized was its highest sn 2005. >> gd evening and welcome to aera's favorite game. comg to you from the florida werbl studios. tog's guaranteed jackpot $90 mlli. gtut the tict stubs and t ay powerball. the fit numberor nhts 8. flw the number 35. and congratulatio to ec he fom bend oregon winning $1 mlon adh

hh-974e, lower cherry aquaduct emergency rehabilitation with flatiron west, inc., authorize the general manager to terminate and issue final payment. >> okay, mr. cruz. >> madam president, members of the commission, emilio cruz, the item before you is lower cherry aquaduct project. this was an emergency project entered into after the declaration of general drought emergency and it was to allow us flexibility to allow us to move water from cherry creek down through the aquaduct which was an antiquated aquaduct in disrepair and additionally was damaged during the rim fire. we started that contract in april of 2014 as a cmgc contract in a state of local emergency. all of the work was to deal with the immediate urgency of repairing the aquaduct sufficiently to be able to pass water through the aquaduct to give us operational flexibility. we have reached a point in the contract where we have completed work sufficiently to use the aquaduct, but more work that was anticipated in phase i than what was to actually put a full pipe in the system so that it would be a closed system. from a schedule

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skipping more for hhs to cover. while some children remain in dhs custody more than three days we undertook a government wide response to address the crisis which included establishment of unified coordination group that brought assets of multiple agencies to bear on the situation. unaccompanied children are inherently vulnerable so we placed a high priority on identifying any protection concerns unaccompanied children from contiguous companies who don't present protection concerns -- excuse me under trafficking reauthorization act of 2008 when dhs encounters unaccompanied child from contiguous country such as mexico, the child is screened to identify potential victims of human trafficking and determine whether the child has a fear of persecution if returned to his or her home country. dhs as a matter of policy con ducks this screening on all unacomp anied children regardless of country of origin. >> we'll come back and ask you questions on those topics, i promise. >> thank you. >> chairman castro, thank you and dis