House Democrats sue HHS over Medicare estimates

In a letter earlier this year, HHS officials said the House members had "no right" to certain data about prescription drug cost estimates.

House Democrats angered by the administration's unwillingness to hand over information about its Medicare cost estimate, which was higher than what Congress was expecting, are taking their complaints to court.

Government Reform ranking member Henry Waxman, D-Calif., and 18 other Democratic members of the House Government Reform Committee filed a lawsuit Monday to force Health and Human Services Secretary Thompson to provide the information.

In March, those members requested the cost estimates developed by the Medicare actuary during congressional debate over the Medicare prescription drug bill.

They made the request under the so-called seven-member rule, which gives any seven members of the Government Reform Committee the right to demand information from the executive branch.

In a letter to Waxman, HHS contended the Democrats had "no right" to the requested data. The administration's estimate, which topped $500 billion, was not made public until after Congress passed the measure.

CBO estimated it would cost $395 billion, and Democrats contend the bill would not have passed had lawmakers, particularly conservatives, known of the higher price tag. The case was filed in a Los Angeles federal court.