House Republicans probe legality of ObamaCare regs

Over the last year, the lawmakers have repeatedly asked for a full accounting of the rule's legal basis, but have been denied, they said in a letter sent Thursday to Treasury Secretary Jacob Lew.

 “Although IRS’s rule has significant implications for individuals and the nation’s finances, IRS and Treasury have not been able to provide the Committees with detailed information about the factors considered by IRS and Treasury that expanded the availability of (the law’s) tax credits to federal exchanges,” the letter states.

Signatories on the letter include Oversight Committee Chairman Darrell Issa (R-Calif.), Ways and Means Committee Chairman Dave Camp (R-Mich.) and subcommittee chairmen James Lankford (R-Okla.) and Charles Boustany Jr. (R-La.).

The lawmakers cite a Congressional Research Service report that they said suggests the IRS rule goes against the plain text of health law and is “contradictory to clear congressional intent.”

On Wednesday, the two panels will convene a hearing examining the legal basis for the rule, which is also the subject of two pending lawsuits.

Emily McMahon, Treasury’s deputy assistant secretary for tax policy, is slated to testify on behalf of the administration. Other witnesses include Oklahoma Attorney Gen. Scott Pruitt, Case Western Reserve University law professor Jon Adler and Charles Willey, CEO of Innovare Health Advocates Inc.

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