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Judicial Watch • Vining v. Exec Board DC Health Benefit Exchange Combined Opp 0006496

Vining v. Exec Board DC Health Benefit Exchange Combined Opp 0006496

Vining v. Exec Board DC Health Benefit Exchange Combined Opp 0006496

Page 1: Vining v. Exec Board DC Health Benefit Exchange Combined Opp 0006496

Category:Lawsuit

Number of Pages:52

Date Created:December 12, 2014

Date Uploaded to the Library:January 07, 2015

Tags:0006496, Vining, exchange, health


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THE SUPERIOR COURT THE DISTRICT COLUMBIA
 CIVIL DIVISION
 
KIRBY VINING,  
Plaintiff,  Case Number:  2014 6496  Judge Herbert Dixon, Jr.  Next Event:  Initial Conference  Date:  January 16, 2015 9:30 a.m.  
EXECUTIVE BOARD THE  

DISTRICT COLUMBIA HEALTH
 BENEFIT EXCHANGE AUTHORITY, al.,)
 Defendants.
 
PLAINTIFFS MEMORANDUM POINTS AND AUTHORITIES OPPOSITION DEFENDANTS MOTION DISMISS 
Plaintiff Kirby Vining (Plaintiff), counsel, respectfully submits this memorandum opposition Defendants motion dismiss. grounds therefor, Plaintiff states follows: 
MEMORANDUM Introduction. 
Plaintiff, longstanding resident and taxpayer the District Columbia (D.C. the District), brings this action for declaratory and injunctive relief prevent further illegal expenditures D.C. funds the Districts Small Business Exchange for health insurance. Defendants are allowing members Congress, congressional staffers, and their families purchase health insurance the Small Business Exchange even though D.C. law expressly limits participation the exchange employers with fewer employees.  Congress obviously has far more than employees. has thousands employees, and Defendants have allowed least 12,359 congressional employees and their spouses and dependents obtain health insurance through the Small Business Exchange since October 2013.  These 12,359 participants represent whopping 86% the Small Business Exchanges total enrollment. creating the Small Business Exchange, the D.C. Council intended help small businesses that operate the District provide health insurance their employees.  Instead, Defendants have allowed the Small Business Exchange become health insurance exchange for Congress.  Allowing Congress participate the Small Business Exchange violates the letter and the spirit the law that created the exchange.  Congress participation the D.C. exchange unlawful and should stopped. response, Defendants argue that determination made the director the federal Office Personnel Management (OPM) can overturn law enacted the D.C. Council.  Not only Defendants argument odds with the well-established doctrine preemption, but Congress plainly knows how block reverse D.C. laws. did just recently.  See Congressional spending deal blocks pot legalization D.C., The Washington Post, Dec. 20, 2014. The D.C. law that created the Small Business Exchange completely consistent with, not preempted by, federal law.  
Defendants also challenge Plaintiffs standing taxpayer remedy their clear flouting D.C. law.  Defendants argue that the funds they are using break D.C. law are derived from federal grant money, not tax revenues.  Not only does Defendants argument raise quintessential factual dispute not appropriate for resolution motion dismiss, but Defendants fail present any evidence support their argument.  The most they can muster handful internet links that not refute Plaintiffs well-pled allegation that Defendants are spending monies from D.C.s General Fund operate the exchange unlawfully.  Defendants attempt differentiate between the sources D.C. money also distinction not recognized D.C. taxpayer standing case law.  Not only are Defendants clearly violating D.C. law, but Plaintiff has standing taxpayer stop them.  Defendants motion should denied. 
II. Factual Background. 
The Patient Protection and Affordable Care Act (ACA) requires each state and the District Columbia establish two marketplaces for the purchase health insurance: American Health Benefit Exchange for individuals (the Individual Exchange) and Small Business Health Options Program for small businesses (the Small Business Exchange SHOP).  Complaint   The D.C. Council subsequently enacted the Exchange Act comply with the ACA.  Id.   The Exchange Act established the District Columbia Health Benefit Exchange Authority (the Exchange Authority) and directed the Exchange Authority create the two exchanges required the ACA.  Id.   The Exchange Act also created executive board and executive director.  Id.   Under the Act, the Executive Board governs the Exchange Authority generally and the Executive Director serves chief administrative officer and directs, administers, and manages the operations the Authority. Id. 
The Exchange Authority created two exchanges: individual exchange and Small Business Exchange.  Only businesses having fewer full-time employees may participate the Small Business Exchange.  Complaint  16. Since November 2013, the Exchange Authority has allowed the U.S. House Representatives (the House) and the U.S. Senate (the Senate) (collectively Congress) use the Small Business Exchange provide health insurance some (but not all) congressional employees, including members Congress, and these employees spouses and dependents.  Id.  17. all relevant times, the Executive Board and Executive Director Kofman knew that the House and the Senate were participating the Small Business Exchange provide health insurance some (but not all) congressional employees.  Id.  18.  Beginning early November 2013, the Exchange Authority conducted 
outreach efforts the House and Senate about Congress participation the Small Business 
Exchange and provided weekly support sessions assist members Congress and their staffs with enrollment.  Id. 
Neither the House nor the Senate small business under the Exchange Act, each has more than full-time employees.  Id.  19.  When Congress applied participate the Small Business Exchange, representatives falsely asserted that the House and the Senate each employ fewer full-time employees.  Id.  20.  Records provided the Exchange Authority response Freedom Information Act request show that both the House and the Senate falsely claimed that they each employ only full-time employees. Id.; see also Exhibit the Declaration Michael Bekesha (Bekesha Decl.). Defendants had have been aware these false statements.  Not only obvious that Congress, with its 535 members, employs more than people, but Defendants own guidelines require verification employer information.  21. February 2014, least 12,359 congressional employees and their spouses and dependents had obtained health insurance through the Small Business Exchange.  Id.  22.  These 12,359 persons represent approximately percent the 14,289 persons enrolled the Small Business Exchange between October 2013 and September 2014.  Id. 
III. Argument. Plaintiff plainly has standing. 
Defendants not dispute that D.C. taxpayer has standing challenge the unlawful expenditure D.C. funds.  Memorandum Points and Authorities Support Defendants Motion Dismiss (Defs Mem.) 11.  Nor could they.  [T]axpayers have always had the 
right, the proper case, initiate suit against the city government prevent the illegal use municipal funds. Calvin-Humphrey District Columbia, 340 A.2d 795, 799 (D.C. 1975); see also District Columbia Common Cause District Columbia, 858 F.2d (D.C. Cir. 1988); Roberts Bradfield, App. D.C. 453, 459 (D.C. 1898). 
Defendants also not dispute that Plaintiff D.C. resident and taxpayer. Plaintiff has been D.C. taxpayer and has resided the same D.C. address since 1986. Complaint  addition, Defendants not dispute that they have allowed Congress use the Small Business Exchange provide health insurance congressional employees, including members Congress and their spouses and dependents.  Id.  17.  Instead, Defendants seek differentiate between various sources municipal monies, baldly asserting without any admissible evidence that they are expending only federal grant money, not local District Columbia taxpayer money, the Small Business Exchange.  Defs Mem. 12-13.  Defendants argument fails for multiple reasons. 
First, Defendants rely exclusively federal standing cases, not D.C. cases.  Plaintiff does not seek relief from the federal courts. seeks relief from the D.C. courts. course, 
D.C. courts are not Article III courts.  D.C. courts were created under Article the U.S Constitution. has long been established that D.C. courts jurisdiction is parallel that state court. National Association Broadcast Employees Technicians Timberlake, 409 A.2d 629, 632 (D.C. 1979). the extent D.C. standing requirements differ from federal standing requirements (see District Columbia Common Cause District Columbia, 858 F.2d 6-7 (D.C. Cir. 1988)), the federal cases cited Defendants have little, any, applicability here. 
Second, Defendants misread the holdings these federal cases.  The cases use the terms taxpayer monies, taxpayer revenues, municipal funds, municipal monies, and public monies interchangeably. They not differentiate between the sources the municipal funds issue.   See, e.g., Cammack Waihee, 932 F.2d 765, 770 (9th Cir. 1991) (Subsequent cases have made clear that municipal taxpayer standing only available when there expenditure municipal funds challenged municipal taxpayer standing requires more injury than allegedly improper municipal expenditure); see also DaimlerChrysler Corp. Cuno, 547 U.S. 332, 349 (2006) (The Court has noted with approval the standing municipal residents enjoin the illegal use the moneys municipal corporation.). general, the cases cited Defendants were decided against the taxpayers those cases because the absence any municipal expenditure all, not because the source the municipal funds issue.  Defendants themselves conflate these terms.  They argue that a municipal taxpayer cannot establish injury for purposes standing where municipal money spent connection with the tax expenditure challenged the complaint.  Defs Mem. (emphasis added).  
Distinguishing between municipal funds and the source the municipal funds being expended has never been prerequisite for establishing taxpayer standing cases brought against the District. District Columbia Common Cause, taxpayer was found have standing because the challenged expenditures were made from funds appropriated Congress. 858 F.2d 11.  The U.S. Court Appeals for the District Columbia was not concerned about the source the public monies issue; was concerned about how the public monies were being spent.  What mattered the courts view was that the expended monies were public funds. Calvin-Humphrey District Columbia, 340 A.2d 795, 799 (D.C. 1975), the D.C. Court Appeals permitted the intervention individual taxpayers even though the issue before the Court involved the assessment and collection taxes from commercial property owners.  Although the government action issue did not directly affect individual taxpayers, the Court concluded [t]here can doubt but that the instant litigation concerns the [individual taxpayers]: [they have] economic interest some magnitude the outcome the suit, since perceive distinct and substantial possibility that [they] will incur higher taxes suffer diminution municipal services the commercial property owners paid less taxes.  Id. Again, taxpayers had interest because the expenditure municipal funds and the general effect the governments action.  The Court did not focus the source the funds.  Nor was the source dispositive. any event, the distinction raised Defendants about the source the public funds issue quintessential question fact. Rule 12(b)(1) motion dismiss for lack subject matter jurisdiction  which Defendants purportedly filed here  may either facial attack the allegation jurisdiction the complaint, factual attack the basis the Courts jurisdiction. Heard Johnson, 810 A.2d 871, 877 (D.C. 2002).  When defendant makes facial attack, courts must accept true all material allegations the complaint, and must construe the complaint favor the complaining party. Grayson ATT Corporation, A.3d 219, 246 (D.C. 2011).  If, however, defendant attacks the factual basis upon which the plaintiff alleges jurisdiction, the court may conduct independent review the evidence submitted the parties, including affidavits, resolve factual disputes. Matthews Automated Business Systems Services, 558 A.2d 1175, 1179 (D.C. 1989). 
Defendants not identify which type Rule 12(b)(1) attack they make. Defendants are making facial attack, their motion fails because Plaintiff plainly pled that municipal monies from the Districts General Fund were and are being used administer and operate the 
Small Business Exchange.  See Complaint  10-14. Defendants are making factual attack, their motion fails because Defendants did not submit any evidence for the Court review.  Instead providing testimony and affidavits (Heard, 810 A.2d 878), Defendants provide nothing more than handful internet links. the extent the Court treats Defendants motion factual attack and looks beyond the four corners the Complaint, Defendants unsupported assertions and internet links not warrant dismissal. minimum, factual dispute exists, which, this stage the litigation, must resolved favor Plaintiff.  Family Federation for World Peace and Unification Hyun Jin Moon, 2013 D.C. Super. LEXIS 10, *63 (D.C. Super. Ct. 2013). this regard, Plaintiff presenting herewith substantial evidence support its General Funds allegation. August 2014, the District submitted Congress its FY 2015 Proposed Budget and Financial Plan, which includes Operating Appendices. addition detailing the actual budget, approved budget, and proposed budget each D.C. agency for Fiscal Years 2013 through 2015, the report contains Glossary Budget Terms. See Exhibit Bekesha Decl.  The following definitions are particular relevance: 
General Fund  The principal operating fund the District, which used account for all financial resources except those required accounted for another fund.  General fund revenues consist Local, Dedicated Tax, and Special Purpose Revenues. 
Federal Funds  (1) Federal Grants: Funding provided the federal government via federal agency for specific purpose with the conditions for the administration the funding dictated each grantor organization; (2) Federal Payments: Funding specifically detailed the Federal Funds portion the District Columbia Appropriations Act with the conditions for the 
administration the funding found within the statute and federal appropriations; 
(3) Federal Medicaid Payments: Funding provided pay for portion the health care costs eligible individuals with oversight performed District and federal authorities. 
Private Revenue  Funding from private grants fund the intended purpose 
the grant.
 Intra-District  accounting mechanism track payments for services 
provided one District agency another District agency.
 
Id. The report includes the Exchange Authoritys actual budget, approved budget, and proposed budget for Fiscal Years 2013 through 2015.  See Exhibit Bekesha Decl. According the report, the Exchange Authoritys actual budget for Fiscal Year 2013 was $10,915,000. Id. The report identifies all these municipal monies originating from the Districts General Fund.  Id. monies are identified Federal Funds, Private Revenue, Intra-District Funds.  Id. For Fiscal Year 2014, the Exchange Authority was budgeted $66,140,000 from the General Fund.  Id. Again, monies were budgeted from Federal Funds, Private Funds, Intra-District Funds.  Id. Contrary Defendants unsupported assertions, the municipal monies appropriated establish, administer, and operate the Small Business Exchange came from [t]he principal operating fund the District, not from Federal Funds. For Fiscal Year 2015, the Exchange Authoritys budget was reclassified from the General Fund newly created fund, separate and distinct from Federal Funds. See Exhibit Bekesha Decl. Monies budgeted from this new fund, much like the General Fund, must appropriated the D.C. Council, signed the mayor, and approved Congress.  See D.C. Code  1-204.04 and 1-204.46; see also Exhibit Bekesha Decl. H-108. However, the particular source the monies  whether characterized General Funds not  irrelevant.  
D.C. does not characterize them Federal Funds. the end, they are all appropriated 
municipal funds. Calvin-Humphrey, 340 A.2d 799 (noting fungability municipal funds). Also, the newly created fund did not exist, like Fiscal Years 2013 and 2014, experiences shortfall, the District would required allocate monies from the General Fund administer and operate the Small Business Exchange. Even the Court were find that the 
monies appropriated for Fiscal Year 2015 were not municipal funds, Plaintiff would still have standing because likely that D.C. will again use least some municipal funds administer and operate the Small Business Exchange just like did Fiscal Years 2013 and 2014. See District Columbia Common Cause, 858 F.2d sum, Defendants standing argument without merit.  Plaintiff has amply pled that 
D.C. municipal funds were used and are being used establish and operate the Small Business Exchange.  The source these municipal funds irrelevant and, even the source were relevant, the report submitted the District Congress supports Plaintiffs assertion. Moreover, regardless the source the monies being expended, all monies expended the District Columbia are municipal funds.  Plaintiff has standing challenge Defendants illegal use D.C. funds administer and operate the exchange. The Exchange Act not preempted federal law. 
Ordinary preemption principles apply D.C. law.  Wash. Serv. Contractors Coal. District Columbia, F.3d 811, 813, 815 (D.C. Cir. 1995).  Although there presumption against preemption (Tarrant Reg'l Water Dist. Herrmann, U.S. __, 133 Ct. 2120, 2132 (2013)), preemption D.C. law may occur three ways.  Merrell Dow Pharmaceuticals Oxendine, 649 A.2d 825, 828 (D.C. 1994).  First, federal law may expressly preempt D.C. law.  Id. Second, Congress may so thoroughly occupy legislative field make reasonable the inference that Congress left room for the [District Columbia] supplement it. Id. 
(quoting Cipollone Liggett Group, Inc., 505 U.S. 504, 516 (1992)). Third, implied conflict preemption occurs D.C. law makes compliance with both federal and [its] law impossible [its] law obstructs the federal purpose. Id. addition, [t]he existence hypothetical potential conflict insufficient warrant the preemption of D.C. law.  Rice Norman Williams Co., 458 U.S. 654, 659 (1982). The Exchange Act not preempted the ACA. recent, separate lawsuit challenging another provision the Exchange Act, 
Defendants argued that the ACA does not expressly preempt D.C. law.  Nor does the ACA 
occupy the field. D.C. federal court agreed: 
[E]xpress preemption clearly unavailable. The ACA squarely addresses preemption and provides that: Nothing this title shall construed preempt any State law that does not prevent the application the provisions this title." U.S.C.  18041(d).  Express preemption cannot apply because the ACA explicitly recognizes that State laws may required carry out the ACA mandate provide minimum essential health coverage.  Similarly, the extent the plaintiff seeks invoke field preemption referencing the authority Congress reserve for itself exclusive dominion over entire field legislative concern, this effort unavailing. The ACA expressly grants the States the choice operating their own Exchanges, pursuant state law, rather than adopt Federal Exchange plainly undercutting any perceived congressional intent control the entire field local Exchanges. 
Am. Council Life Insurers D.C. Health Benefit Exch. Auth., 2014 U.S. Dist. LEXIS 160038, 
26-27 (D.D.C. Nov. 13, 2014) (internal citations omitted). There plainly express 
preemption. 
The ACA also does not preempt the Exchange Act implication.  The Exchange Act 
does not make compliance with federal law impossible.  Nor does stand obstacle the 
purpose the ACA. completely consistent and entirely compatible with the ACA. fact, 
the sole purpose the Exchange Act was implement various provisions the ACA, thereby assisting D.C. residents and employees small D.C. employers obtaining affordable health 
insurance.  See D.C. Code  31-3171.06(a). 
Specifically, the ACA provides: 
Each State shall, not later than January 2014, establish American Health 
Benefit Exchange (referred this title Exchange) for the State that  
(A)
 facilitates the purchase qualified health plans; 

(B)
 provides for the establishment Small Business Health Options Program (in this title referred SHOP Exchange) that designed assist qualified employers the State who are small employers facilitating the enrollment their employees qualified health plans offered the small group market the State. U.S.C.  18031(b)(1)).  The ACA expressly defines small employer an employer who employed average least but not more than 100 employees.1 U.S.C.  18024(b)(2).  
The Exchange Act turn created two exchanges: the Individual Exchange and the Small Business Exchange.  Under the Exchange Act, D.C. residents may enroll themselves and their dependents the Individual Exchange.  D.C. Code  31-3171.02(a).  The Exchange Act limits the Small Business Exchange single employers having fewer full-time employees (D.C. Code  31-3171.01(16)(A)), but that limit completely consistent with the ACAs not more than 100 employees limit. U.S.C.  18024(b)(2).  The D.C. exchanges created the Exchange Act are completely consistent with the requirements the ACA based any reading the plain language the two statutes. 
Beginning 2017, the ACA authorizes all State District-created exchanges offer health insurance anyone, including large employers.  See U.S.C.  18031(f)(2)(b)(i).  Thus, Congress plainly knew how expand the scope persons eligible participate the exchanges. simply chose limit participation the first several years the new law.  There conflict inconsistency here either. separate provision the ACA governs health plans for certain members Congress 
and congressional employees.  This provision provides: 
Notwithstanding any other provision law, after the effective date this subtitle, the only health plans that the Federal Government may make available Members Congress and congressional employees with respect their service Member Congress congressional employees shall health plans that are  
(I) created under this Act (or amendment made this Act); 
(II) offered through Exchange established under this Act (or amendment made this Act). U.S.C.  18032(d)(3)(D)(i). This section does not specify what health insurance should offered the affected congressional employees. only specifies that the insurance must created either under this Act offered through exchange established under this Act. Because Congress has not created health insurance specifically for the affected congressional employees, the affected employees must purchase insurance exchange established under the ACA. other words, they must purchase insurance exchange created either their state residence (or the District, they are D.C. resident) the federal government, their state residence did not establish exchange. Because the ACA unequivocally limits the 
purchase insurance SHOP Exchange employees small businesses, the affected employees obviously must purchase health insurance through individual exchange.  See FDA Brown Williamson Tobacco Corp., 529 U.S. 120, 133 (2000) (Courts must analyze provisions in context, interpret[ing] the statute symmetrical and coherent regulatory scheme.). 
Defendants not dispute that the affected congressional employees are ineligible obtain health insurance D.C.s Small Business Exchange.  They concede: 
The Health Benefit Exchange Authority was created the District Columbia Council under the ACA, and authorized operate SHOP Exchange the District through which qualified small businesses could access health coverage for employees. limiting the SHOP Exchange small employers with average not more than employees during the preceding calendar year, 
D.C. Code 31-3171.01 prevents Congressional enrollment the Shop Exchange because Congress does not fall within the definition small 
employer.
	
Defs Mem. (internal citations omitted).  The obvious, lawful option available these 
employees  least this time  purchase coverage appropriate individual exchange, 
either D.C.s Individual Exchange they are residents the District the State 
federal exchange their place residence. There inconsistency between the ACA and the 
Exchange Act.  There impossibility frustration purpose.  There preemption here. The Exchange Act not preempted any regulation. 
Because the Exchange Act clearly not preempted the ACA  and, fact, entirely 
consistent with the ACA  Defendants must resort finding some other source preemption.  
That alleged source federal regulation. The regulation states, relevant part, that 
congressional employees may purchase health benefit plans offered appropriate 
SHOP determined the Director.2 C.F.R.  890.102(c)(9). 
Defendants not specify which type preemption they claim has occurred. with 
the ACA itself, there plainly express preemption.  The regulation does not identify which SHOP defined a Small Business Health Options Program operated 
Exchange through which qualified employer can provide its employees and their dependents 
with access one more health plans. C.F.R.  890.101; C.F.R.  155.20. qualified employer defined employer who employed average least but not more than 
100 employees business days during the preceding calendar year and who employs least employee the first day the plan year. C.F.R.  155.20. remain consistent with the ACA, the regulation also allows, beginning 2017, for state re-define qualified employer include large employer the state authorizes large employers participate exchange.  Id. 
SHOP appropriate for members Congress congressional employees purchase health insurance.  Nor does make any mention any state-created SHOP D.C.s Small Business Exchange.  The Districts Small Business Exchange only identified the appropriate SHOP determined the Director the supplementary information published along with the regulation: 
Given the location Congress the District Columbia, OPM has determined that the SHOP, known the Health Link Small Business Market administered the Health Benefit Exchange Authority, the appropriate SHOP from which Members Congress and designated congressional staff will purchase health insurance order receive Government contribution. 
Federal Employees Health Benefits Program: Members Congress and Congressional Staff, Fed. Reg. 60653, 60654 (Oct. 2013).  Defendants admit much, Thus, consistent with the Act and the regulation, OPM determined the District Columbia Exchange was the appropriate SHOP for members Congress and congressional staff.  Defs Mem. Clearly the regulation does not expressly preempt the Exchange Act. find that the regulation, much less the OPM directors determination, has preemptive effect, the Court would have find that all existing limitations the size employers eligible participate small business exchanges are force effect.  Again, the ACA gives states and the District authority create small business exchanges and establish limits  100 employees  the size employers eligible participate their small business exchanges. 
U.S.C.  18024(b)(2).  There provision the regulation expressly preempting state laws 
limiting the size the employers that may participate states small business exchanges.  Nor there any provision expressly preempting the Districts 50-employee limit participating the Small Business Exchange. 
Nor can there any field implied preemption.  Defendants not even attempt identify what field the regulation might preempt how the regulation impliedly preempts states D.C.s limits the size employers eligible participate small business exchanges. reality, Defendants argument that determination federal bureaucrat  this instance, the director OPM  trumps the 50-employee limit the Exchange Act, least with respect Congress. lawful regulation, much less regulation that purports delegate such authority agency head, can that, and Defendants offer legal authority whatsoever for their astonishing assertion that can. 
Finally, even regulation conjunction with federal bureaucrats determination could somehow preempt duly enacted state District law, such cannot the case here.  The ACA only authorizes states and the District create small business exchanges for businesses with more than 100 employees. U.S.C.  18024(b)(2).  Because the the statute clear and unambiguous, OPM must give effect the unambiguously expressed intent Congress. Bd. Governors the Fed. Reserve Sys. Dimension Fin. Corp., 474 U.S. 361, 368 (1986). The expressed intent Congress was for states and the District create small business exchanges for employers only certain size. was not create exchanges for small businesses, while exempting Congress.  Congress did not give states the District the authority permit Congress participate small business exchange.  Nor did give OPM the authority require state the District ignore the 100-employee limit the ACA. addition, state the District were ignore the limit, would longer Exchange established under the ACA and congressional employees would not able purchase health insurance it. U.S.C.  18032(d)(3)(D)(i). This not case preemption. OPM unlawfully attempting rewrite federal law. 
To overcome the presumption against preemption, the party asserting preemption must demonstrate that the clear and manifest purpose Congress supports preemption.  Biotech. Indus. Org. District Columbia, 505 F.3d 1343, 1351 (D.C. Cir. 2007).  Like the ACA, clear that neither the plain language the regulation nor the OPM directors determination preempts the Exchange Act.  There preemption.  And Defendants have justification excuse for turning blind eye D.C. law. Plaintiff also seeks writ mandamus. 
Absent from Defendants motion any opposition Plaintiffs request for writ mandamus. taxpayer and resident the District Columbia, Plaintiff has clear and indisputable right bring application for mandamus governmental officials have failed carry forth their ministerial duties. Debevoise Back, 359 A.2d 279, 280-281 (D.C. 1976). his complaint, Plaintiff clearly pled sufficient facts that Defendant Kofman has failed and failing carry out her ministerial duty deny the House and the Senate participation the Small Business Exchange.  Complaint  17-22, 29, 30.  Even the Court were dismiss Count One the Complaint, Count Two would remain.  Therefore, Defendants request that the Court should grant this motion and dismiss the complaint with prejudice improper. 
IV. 
Conclusion. 
Oral Hearing Requested. 

For the foregoing reasons, Plaintiff respectfully requests that Defendants motion dismiss denied. 
Pursuant Rule 12-I(f), Plaintiff respectfully requests oral hearing with respect 
Defendants Motion Dismiss. 
Dated: December 12, 2014 Respectfully submitted, 
/s/ Paul Orfanedes Paul Orfanedes 
D.C. Bar No. 429716
 
/s/ Michael Bekesha Michael Bekesha 
D.C. Bar No. 995749
 
JUDICIAL WATCH, INC.
 425 Third Street S.W., Suite 800
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 Phone: (202) 646-5172
 Fascimile: (202) 646-5199
 Email: porfanedes@judicialwatch.org Email: mbekesha@judicialwatch.org 
Counsel for Plaintiff Kirby Vining THE SUPERIOR COURT THE DISTRICT COLUMBIA 
CIVIL DIVISION 

KIRBY VINING,  
Plaintiff,  Case Number  2014 6496  Judge Herbert Dixon, Jr.  Next Event:  Initial Conference  Date:  January 16, 2015 9:30 a.m.  
EXECUTIVE BOARD THE  
DISTRICT COLUMBIA HEAL  
BENEFIT EXCHANGE AUTHORITY, al.,  
Defendants.  

DECLARATION MICHAEL BEKESHA Michael Bekesha, declare follows: attorney employed Judicial Watch, Inc. and counsel for Plaintiff the above-captioned matter. over the age eighteen and have personal knowledge the matters set forth below. August 14, 2014, sent Freedom oflnformation Act request the D.C. Health Benefit Exchange Authority seeking copies the confirmation eligibility form completed the U.S. Congress and/or the U.S. Senate and/or the U.S. House Representatives when (or they) signed for D.C. Health Link. September 2014, part her official duties and activities FOIA Officer for the D.C. Health Benefit Exchange Authority and required D.C. Code 2-534(a)(2), Mary Beth Senkewicz responded FOIA request. Attached hereto Exhibit true and correct copy the response that received. 
Pursuant D.C. Code 1-204.46, the Mayor the District Columbia must submit the budget adopted the Council the District Columbia the President the United States for transmission the Congress for approval. August 2014, part his official duties and activities required D.C. Code 1-204.46, the Mayor submitted "FY 2015 Proposed Budget and Financial Plan" the President. 
Attached hereto Exhibit Bis the "Glossary Budget," which was part of"FY 2015 Proposed Budget and Financial Plan" that was submitted Congress the Mayor August 2014. 
Attached hereto Exhibit the Schedule 40-PBB for the Health Benefit Exchange Authority, which was part "FY 2015 Proposed Budget and Financial Plan" that was submitted Congress the Mayor August 2014. 
Attached hereto Exhibit Dis the Schedule 30-PBB for the Health Benefit Exchange Authority, which was part "FY 2015 Proposed Budget and Financial Plan" that was submitted Congress the Mayor August 2014. 
Attached hereto Exhibit the Schedule for the Health Benefit Exchange Authority, which was part "FY 2015 Proposed Budget and Financial Plan" that was submitted Congress the Mayor August 2014. declare under penalty perjury that the foregoing true and correct. Executed Washington, D.C. this 12th Day December 2014. 

Exhibit Health Benefit 
Exchange Authority 

September 2014 Michael Bekesha 
Judicial Watch, Inc. mbekesha@judicialwatch.org Re: FOIA 2014-11 Dear Mr. Bekesha, This letter response your email sent August 14, 2014 containing Freedom Information Act 
request. Your request granted part and denied part. Responsive documents are attached. 

Judicial Watch, Inc. requests from the Health Benefit Exchange Authority access and copy the confirmation eligibility form completed the U.S. Congress and/or the U.S. Senate and/or the U.S. House Representatives when signed for Health Link. The confirmation eligibility form identified page the Small Business Guide Health Link. 
The request granted part and denied part pursuant D.C. Official Code 2-534(a)(2). 
Under D.C. Official Code 2-537 and DCMR 412, you have the right appeal this letter the Mayor the Superior Court the District Columbia. you elect appeal the Mayor, your appeal must writing and contain "Freedom Information Act Appeal" "FOIA Appeal" the subject line the letter well the outside the envelope. The appeal must include (1) copy the original request; (2) copy any written denial; (3) statement the circumstances, reasons, and/or arguments advanced support disclosure; and (4) daytime telephone number, and e-mail and/or 
U.S. Mail address which you can reached. The appeal must mailed to: The Mayor's Correspondence Unit, FOIA Appeal, 1350 Pennsylvania Avenue, N.W., Suite 316, Washington, D.C. 20004. Electronic versions the same information can instead e-mailed The Mayor's 
Correspondence Unit 

Further, copy all appeal materials must forwarded the Freedom Information Officer the involved agency. 
Please not hesitate contact you have any questions. The file now closed. 
Sincerely, 

Mary Beth Senkewicz Associate General Counsel and Policy Advisor FOIA Officer 

https://app.dchealthlink.com/dcsa/applicationservice/ApplicationSumm ... 
Close Print 

Employer name address 
Employer name House Representatives 
Doing business as( name) STAFF House Representatives 
Federal Employer 
ldentificatton Number(EIN) 

Employer Type State/local government 
Average Number 
 
FullTime Employees (In Prior Calendar Year) 
Average Number 
Part-Time Employees (In 
Prior Calendar Year) 

Average Weekly Hours 
Worked Part-Time 
Employees 

Number Full Time 
Equivalents {FTEs) Prior 
Calendar Year 

Primary business address 
Business address Line B-215 Longworth HOB 
Business address Line 
City Washington 
State 
ZIP Code 20515 

https://app.dchealthlink.com/dcsa/applicationservice/ApplicationSumm .. 
Contact name email address 

Check here you are the contact? 
First Name Middle Initial Last Name Suffix
Name 

Title 
E-mall address.-.r 

Contact mailing address 

Check here the contact address the same the primary business address? 
MalHng address Line Mailing address Line
Address House Representatives Members Svc Room 139A Cannon HOB 
City Slate Z!P Code 
Washington 20515 
Contact preferences 
Phone type Phone number Phone number Ext 
Preferred phone number 

Secondary ptione number 
Fax number Preferred spoken language Preferred written language 

https://app.dchealthlink.com/dcsa/applicationservice/ApplicationSumm ... 

per week through Health Link (or, for multi-stat! employers, any other exchange serving those work locations outside DC). 
Electronic Signature 

https://app.dchealthlink.com/dcsa/applicationservice/AppllcationSumm ... 

Employer name address 

Employer name United States Senate 

Average Number 
full-Time Employees (In Prior Calendar Year) 
Average Number 
Part-Time Employees (in 
Prior Calendar Year) 

Average Weekly Hours 
Worked Part-Time 
Employees 

Number Full-Time 
Equivalents (fTEs) Prior 
Calendar Year 

Primary business address 

Business address Line United States Senate 
Business address Line Disbursing Office 
City Washington 

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Business address Une House Representatives 
Business address Une Members Svc Room 139A Cannon HOB 
City 
Washington 

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Date 
11103/2013 

Exhibit 

AppendixB Glossary ofBudget Terms 
Accrual basis accounting -An accounting method that recognizes the financial effect transactions, events, and interfund activities when they occur, regardless the timing related cash flows. Accordingly, revenues are recognized when they are earned and expenses when they are incurred, not when cash changes hands. Contrast this term "modified accrual basis accounting." 
Activity component part the District's program structure that comprised set services grouped around common purpose result. 
Additional Gross Pay Pay other than base compensation and premium pay. Examples include Holiday Pay, Longevity Pay, Shift
Differential, and Terminal Leave. 
Agency Financial Operations Program (AFO) program within agency's performance plan under Performance-Based
Budgeting. AFO used track the funding and FTE count for all Office the Chief Financial Officer (OCFO) FTEs assigned the agencies. Though many these employees work on-site agency locations, all financial positions within District agencies report the Chief Financial Officer. Under AFO, these costs fall within one three activities: (1) Budget Operations, (2) Accounting Operations, 
(3) ACFO. Six Associate Chief Financial Officers (ACFOs), each representing one the major appropriation titles the District's budget, manage agency financial operations. Agency fiscal officers report their respective ACFO, who serves the key contact between the Office Chief Financial Officer, the Mayor's Office Budget and Finance, and the Office the City Administrator managing agency finances. For budgetary purposes, funding for these positions assigned the agencies included the various agency budgets. This funding not duplicated the budget for the OCFO. 
Agency Management Program (AMP) program within agency's performance plan under Performance-Based Budgeting. AMP used track costs associated with common administrative expenses across the District. Under AMP, these costs fall within activities: (1) Personnel, (2) Training and Employee Development, (3) Labor-Management Partnerships, (4) Contracting and Procurement, (5) Property Management, (6) Information Technology, (7) Financial Management, (8) Risk Management, (9) Legal Services, (10) Fleet Management, (11) Communications, (12) Customer Service, (13) Performance Management, (14) Language Access, and (15) Court-Ordered Supervision. Many agencies not include all these activities. 
Allocable Revenue -Revenue earned, collected, and used the agency responsible for generating the revenue. 
Allocation -The movement budget from central budget item, like Reserve fund, specific budget location. the case the Highway Transportation Fund, the movement capital budget from master project capital project authorized within the master project group. 
Amendment-A proposed change budget that not yet finally approved, but has been formally submitted the executive the legislative branch. 
Annualization budget increase provide full-year budget authority for budgetary item that was only partially funded the prior-year budget. 
Appropriated Revenue -Authority collect revenue agency behalf the District Treasury; such revenue used support the operations all agencies. 
Appropriation -Authority spend funds appropriated Congress and financed general District revenues. 2015Proposed Budget and Financial Plan Glossary Budget Terms 
AppendixB-1 

Appropriation Group (or Appropriation litle) -The eight broad areas which the District categorizes services the citizens Washington D.C. They include Governmental Direction and Support, Economic Development and Regulation, Public Safety and Justice, Public 
Education System, Human Support Services, Public Works, Financing and Other, and Enterprise and Other Funds. 
Arbitrage The differential between the rate which funds are borrowed long term and then subsequently re-invested short-term
investment vehicles like money market fund. 
ARRA -American Recovery and Reinvestment Act 2009, which made available supplemental appropriations for job preservation and creation, infrastructure investment, energy efficiency and science, assistance the unemployed, and state and local fiscal stabilization. Some ARRA funds continued beyond Fiscal Year 2009. 
Attrition Voluntary employment losses, such retirements and resignations.
Bonds-Officially called debt securities, bonds provide ways for governments raise large sums money borrowing. Bonds usually have principal amount and contract interest rate. For fixed rate bonds, the principal can paid maturity while the interest generally paid semi-annually percent the principal. For example, government could issue $10,000,000 bonds with percent interest rate. the bonds matured five years, then the $10,000,000 principal amount would repaid the bondholder the fifth anniversary issuance. During that period, $500,000 would paid interest each year $250,000 semiannually. Governments may also issue floating rate bonds, where interest accrues rates that are reset periodically (typically weekly monthly). Interest payments may due monthly basis, with principal due maturity. 
Bond Rating bond rating independent assessment the creditworthiness bond issued state municipality (including all short and long term indebtedness) rated these agencies. The three primary rating agencies are Standard Poor's Ratings Services P), Moody's Investors Service, Inc. (Moody's), and Fitch Ratings, Inc. (Fitch). Bond ratings measure the probability the timely repayment principal and interest bond. Generally, higher credit rating would lead more favorable effect the marketability bond and lower cost borrowing for the borrower. The credit rating symbols (long-term) for investment grade bonds range from the highest ratings AAA, AA, and BBB-, the lowest investment grade ratings. Pluses are added distinguish strength and minuses reflect weaknesses. Bonds rated below BBB-are referred speculative, high grade junk bonds. The Bond Ratings table denotes the bond rating codes the various rating agencies. 
Bond Ratings  
Rating  SP  Moody's  Fitch  
Best Quality; extremely strong capacity pay principal and interest  Aaa  
High Quality; very strong capacity pay principal and interest  
Upper Medium Quality; strong capacity pay principal and interest  
Medium Grade; adequate capacity pay principal and interest  BBB  Baa  BBB  
Somewhat Speculative  
Low Grade, Speculative  
Low Grade, Partial Recovery Possible  CCC  Caa  CCC  
Low Grade, Default Recovery Possible  

Recovery Unlikely 
Budget-A plan financial and operational intent embodying estimate proposed expenditures for given period and proposed means financing. 
Budget Authority -Authority provided law enter into obligations that will result expenditures. may classified the period availability (one-year, multiple-year, no-year), the timing congressional action (current permanent), the manner determining the amount available (definite indefinite). 
Glossary Budget Terms 2015 Proposed Budget and Financial Plan 
Appendix B-2 

Budget Establishment -The period immediately preceding the beginning the budget fiscal year during which final revenue budgets. intra-District budgets. and expenditure budgets are prepared and entered into the formal accounting records the District. 
Budget Fonnulation -The budget planning and development process from the initial budget call and including final approval Congress. 
Budget Modification change any portion the budget during the fiscal year. 
Budget Reserve -Funds that are earmarked protect the District against shortfalls revenue and unforeseen expenditures. 
Build America Bonds (BABs) -The American Recovery and Reinvestment Act 2009 provides federal subsidies for state and local governments borrow lower costs. Build America Bonds are taxable bonds issued state and local governments give them access the conventional corporate debt markets where portion the debt service these bonds are reimbursed from direct federal payment subsidy. The Treasury Department directs subsidy payments participating state local governmental issuers amount equaling percent the interest payment the Build America Bonds. The federal subsidy payment effectively lowers the net borrowing costs and increases the amount municipalities can borrow, compared traditional tax-exempt tax credit bonds. 
CAFR -State and local governments issue annual financial report referred the Comprehensive Annual Financial Report CAFR. The CAFR has, minimum, the following three parts: (1) introductory section, (2) financial section, and (3) statistical section. Some the principal users the CAFR are credit bond rating agencies Fitch Ratings. Moody's Investors Service, Standard and Poor's Ratings Services), institutions which buy and sell bonds. and those charged with managing and governing the state local government. 
Capital Budget The budget that provides for the acquisition District-owned assets that help meet the long-term and
infrastructure needs, summarized the Capital Improvements Program. 
Capital Improvements Program (CIP) plan for initiating the development, improvement, replacement District-owned assets during six-year period. annually revised, this plan provides the basis for future-year capital budget requests. 
Certificates Participation (COP)-is secured the pledge the issuing municipality annually appropriate (each year that the COPs are outstanding) amount sufficient pay debt service the bonds. typical lease-purchase arrangement, the District lessee purchases property under contract from lessor, usually private corporation, another public entity, special purpose nonprofit corporation. The lessor receives portion each lease payment tax-exempt interest. One common way financing this the Certificate Participation (COP). where the lessor assigns the lease and lease payments trustee. 
Charter School private non-profit entity that accepts and educates public school students under the terms charter granted the District's chartering authority. Charter Schools receive the same public funding D.C. Public Schools pursuant the District's uniform per student funding formula; additionally, facilities allowance provided. 
Chart Accounts chart expenditure and revenue accounts used record each type financial transaction incurred District agencies. 
Collateral -Security pledged creditor assure that the obligor municipal credit will meet its payment obligations. When the obligor has performed, the creditor must release the collateral. 
Community Development Block Grant (CDBG) federal grant that supports housing, economic development, health and human services, and planning and administration. 
Component Unit -Legally separate organizations which meet the following criteria: (a) the primary government appoints voting majority the organization's board; and (b) there financial benefit/burden relationship between the primary government and the organization the primary government able impose its will the organization. 
Comptroller Object -This represents the lowest level the General Ledger Account structure for operating statement statewide accounting purposes. includes revenue, expenditure. transfer and statistical accounts. 
Comptroller Source Group -This used group Comptroller Objects for reporting purposes. Also called Object Class. 
Consolidated Plan -The U.S. Department Housing and Urban Development requires single consolidated plan and submission for 2015 Proposed Budget and Financial Plan Glossary Budget Terms 
Appendix B-3 
the following federal grant programs: Community Development Block Grant HOME Investments Partnerships Program, Emergency Shelter Grants (ESG), and the Housing Opportunities for Persons with AIDS (HOPWA) grant. 
Contractual Services budgetary classification nonpersonal services that includes funds for contractual services. 
Controllable Property-Non-capitalized tangible property with value that less than $5,000 that considered sensitive with high risk theft such property typically has expected useful life less than three years. 
Current Services Funding Level (CSFL)-The CSFL Local funds ONLY representation the true cost operating District agencies, without consideration any new policy decisions. 
Debt Cap -This measure the District's long-term debt capacity, supported District revenues. The District has statutorily mandated debt limits (a) percent (maximum annual debt service total current-year local revenues) for general obligation bonds, and 
(b) percent (annual debt service total General Fund expenditures) for all tax-supported debt. 
Debt Ratio Debt ratios are means measuring the affordability burden municipality's outstanding debt. Common measurements
include debt per capita, debt per general fund expenditures, and debt percentage total income. 
Debt Service -The payment interest and the repayment principal bondholders specified dates. Generally, principal repaid once year. Interest fixed rate bonds paid twice year six-month intervals, and interest floating rate bonds generally paid monthly. 
Dedicated Taxes -Tax revenues that are dedicated law particular agency for particular purpose. Dedicated Tax revenue part General Fund revenue. 
Encumbrance -An amount funds committed for the payment goods and services ordered but not yet received. 
Enterprise Funds -Budget and accounting units created for particular purposes, such water and sewer other self-sustaining operations, separate the revenue and financial control such operations from the District's General Fund. 
Entitlement-A service grant that under District Federal law, must provided all applicants. 
Equipment and Equipment Rental -The name the object class used allocate funds for such needs. 
Escrow Agreement-The legal document outlining the terms and conditions under which proceeds refunding bonds are used pay the debt service refunded bonds. The escrow (which should irrevocable) stipulates which bond bonds are refunded, whether the bonds will redeemed call date paid until maturity and what the refunding bond proceeds are invested in. Usually refunding bonds are invested U.S. government securities. 
Expenditure payment for goods services received. 
FMAP (Federal Medicaid Assistance Percentage) -The percentage Medicaid expenditures that reimbursed the Federal Government. For the District this percentage generally percent for most Medicaid functions, but was temporarily increased from October 2008, through December 31, 2010, part the American Recovery and Reinvestment Act. 
Federal Funds 
Federal Grants: Funding provided the federal government via federal agency for specific purpose with the conditions for the administration the funding dictated each grantor organization. 	
Federal Payments: Funding specifically detailed the Federal Funds portion the District Columbia Appropriations Act with the conditions for the administration the funding found within the statute and federal appropriations law. 	
Federal Medicaid Payments: Funding provided pay for portion the health care costs eligible individuals, with oversight performed District and federal authorities. 

Fixed Costs -Expenses that not change proportion the activity business and are related the everyday functioning business. the District fixed costs are categorized electricity, heating fuel, janitorial services, natural gas, occupancy, telecommunication, postage, rent security services, steam, water and sewer, and fleet fuel and services. While the expense item fixed, the costs have variability. Rate fluctuations and consumption levels play large part determining the amount fixed costs. 
Fringe Benefits Part overall employee compensation costs, including life and health insurance and retirement and social security
contributions. 
Glossary Budget Terms 2015 Proposed Budget and Financial Plan 
AppendixB-4 

Full-lime Equivalent (FTE) -An employment indicator that translates the total number hours worked year all employees, including part-time workers, equivalent number work years. For example, one FTE generally equals 2,080 hours and 0.75 FTE equals 1,560 hours. 
Fund budgeting and accounting device used establish accounts for separating revenues and their related obligations and expenditures for one purpose from those revenues, obligations, and expenditures for other purposes. 
Fund Accounting -Method organizing and maintaining accounting activities fund basis. fund defined separate, distinct accounting entity that has its own assets, liabilities, equity, revenues, and expenditures/expenses. Funds are established for the purpose carrying specific activities attaining certain objectives accordance with special regulations, restrictions, limitations. 
Fund Balance -The difference between fund assets and deferred outflows resources and fund liabilities and deferred inflows resources. The fund balance cumulative over the life the fund. 
Generally Accepted Accounting Principles (GAAP) -Uniform minimum standard for accounting and financial reporting. GAAP includes the conventions, rules, and procedures that serve the norm for the fair presentation financial statements. The standard setting body which establishes GAAP for governmental entities the Governmental Accounting Standards Board (GASB). 
GASB-Established June 1984, the Governmental Accounting Standards Board (GASB) the ultimate authoritative accounting and financial reporting standard-setting body for state and local governments. Although GASB standards not have the force law, governments are required follow GASB standards order obtain clean opinions from their auditors, and failure comply with GASB standards can adversely affect state local government's bond ratings and thus, its attempts issue bonds. 
GFOA The Government Finance Officers Association the United States and Canada the premier association public-finance
professionals. Since its inception 1906, originally the Municipal Finance Officers Association, the organization has played major role the development and promotion GAAP for state and local government. The GFOA has sponsored the Certificate Achievement for Excellence Financial Reporting Program since 1946. Under this program, governments which achieve the highest standards financial reporting are awarded prestigious Certificate Achievement. The GFOA also sponsors the Distinguished Budget Presentation Award Program, which recognizes governments whose budgets are deemed exemplary policy documents, financial guides, operational guides, and communication devices. The GFOA also publishes Governmental Accounting, Auditing, and Financial Reporting (GAAFR), also known "the Blue Book'' 
GPRA -Government Performance and Results Act. Legislation that requires the establishment direct relationship between the use federal funds and the delivery services federal agencies. Many federal grants require GPRA performance measures part the reporting process. 
General Fund -The principal operating fund the District, which used account for all financial resources except those required accounted for another fund. General Fund revenues consist Local, Dedicated Tax, and Special Purpose Revenues. 
General Obligation Bonds -Bonds are issued directly state local governments their agencies meet essential government functions such schools and highway construction. These bonds are backed the issuer's pledge its full faith, credit and taxing power meet interest and principal payments. 
Gift Funds -Financial donations the District government, which may only accepted behalf the District the Mayor, that may earmarked for specific purpose. 
Grant-Contributions assets (usually cash) government unit private entity for specified purposes. The District government receives grants from the federal government (and occasionally from private entities) for variety purposes. District agencies also make grants non-profit other non-District government organizations. When the source the District's grant non-District government organization itself grant, the District's grant called "subgrant." 
Grant Anticipation Revenue (GARVEE) Bonds -Bonds used state state infrastructure agencies under the guidelines the National Highway System Designation Act finance major highway projects receiving Federal funding. States must repay the bonds using federal funds expected received the future; however, the federal government does not guarantee that the funds will made available repay the bonds. 2015 Proposed Budget and Financial Plan Glossary Budget Terms 
AppendixB-5 

Gross Budget-A total budget amount that includes resources from all funding sources. 
Imprest Fund fund designated amount out which payments for expenses small amounts are made (sometimes referred 

petty cash). 
Income Tax Secured Revenue Bond -Revenue bonds secured and paid solely from the individual income tax and the business 
franchise tax received the District. 
Indirect Costs -Administrative overhead costs incurred the District managing grant programs. 
Industrial Revenue Bond bond issued the District behalf non-profit other eligible entity finance refinance projects 

including housing, health facilities, transit, higher education, and other industrial commercial development. 
Inflation -An increase general price goods services resulting decline the purchasing power currently available money. 
Infrastructure -Long-lived assets that are stationery nature and normally can preserved for significantly greater number years 

than most capital assets. Examples infrastructure include such highways, bridges, drainage systems, and water and sewer systems. 
Interest Accrual -The interest that has accumulated bond since the last interest payment to, but not including, the settlement 
date. 
Intra-District -An accounting mechanism track payments for services provided one District agency another District agency, 

similar internal service fund. 
Key Result Measures set result performance measures that are contained within each program. They are comprised one result measure from each the activities within that program. Local Education Agency (LEA) -An education agency the local level which exists primarily operate schools contract for 
educational services. This term used synonymously with the terms "school district," school system," and "local basic administrative unit." 
Local Revenue -Includes tax and non-tax revenue that not earmarked for particular purpose and allocated fund District programs 
during the annual budget process. Local revenue part General Fund revenue. 
Mandate -Any responsibility, action procedure that imposed one government another through constitutional, legislative, 

administrative, executive, judicial action direct order, that required condition aid. 
MARC -Maximum Allowable Request Ceiling. The maximum Local fund budget that the agencies are allowed request the beginning the budget formulation process. Match locally provided cash in-kind services contribution required supplement equal grant gift condition for receiving
the funds. 

Mission -The mission clear, concise statement the purpose the agency. The mission focuses the broad, yet distinct, results the 
agency will achieve for its customers. 
Modified Accrual Basis Accounting basis accounting that recognizes revenues the period they become measurable and 

available, and expenditures the period which the associated liability incurred. 
Municipal Bond bond issued state political subdivision. Also bond issued state agency authority. general,
interest earned municipal bonds exempt from federal income taxes and state and local taxes the state the investor lives the issuing state. 
Nonpersonal Services (NPS) budget category that includes budget objects for reporting other than personnel-related expenditures. Nonpersonal services includes supplies, utilities, communications, rent, other services and charges, subsidies and transfers, equipment and equipment rental, and debt service. 
Nonrecurring Expenditures -One-time expenditures for special items, such new fire truck computer system, that not need budgeted for again the year following their purchase. 
Glossary Budget Terms 2015 Proposed Budget and Financial Plan 
AppendixB-6 
Notice Funding Availability (NOFA) public notice that agency will issue Request for Applications (RFA), informing
interested parties when and where RFA may obtained. 
Object Category-The category object classes for which the District budgets the operating budget. There are two object categories: Personal Services (salaries, fringe benefits, additional pay, and overtime) and Nonpersonal Services (all object classes that are not personal services). 
Object Class budgetary classification that breaks down the object categories personal services and nonpersonal services into more specific types expenditure, such fringe benefits (Object Class 14) supplies (Object Class 20). Also called Comptroller Source Group. 
Objectives -Measurable activities program that are sought achieve the overall mission. 
Obligations -The amount expenditures already made well the cost commitments requiring future payments. 
Operating Budget -The budget that encompasses the day-to-day District activities. The operating budget includes employee salaries, supplies, and other non-personnel items related current activities. The operating budget also includes debt service and overhead costs related daily operations. 
Other Services and Charges budgetary classification nonpersonal services that includes funds for printing, postage, tuition, travel, conference, and membership dues. 
Overtime Pay -Pay for full-time employees whose work hours exceed their regular tour duty, generally, for hours work authorized excess hours pay status workweek accordance with provisions section the Fair Labor Standards Act 1938 (FLSA), amended (29 USC 207) 
Personal Services (PS)-A budget category that includes budget objects for reporting personnel-related expenditures. Personal Services includes regular pay, other pay, additional gross pay, overtime, and fringe benefits. 
Performance-Based Budgeting (PBB) budget system which budget decisions are based informed performance information that describes the cost efficiency producing activity and the results achieved for customers. 
Performance Measures -Measures that describe the information managers and other decision-makers need order make good business decisions. There are four types measures: (1) results, (2) outputs, (3) demand, and (4) efficiency. 
Performance Plan -An agency-level plan that contains the agency's mission, summary services, objectives, initiatives, and performance measures for set period time. 
Private Revenue -Funding from private grants fund the intended purpose the grant. 
Program component part the District's program structure. Comprised set activities that have common purpose result, organized sub-unit agency for accounting, budgeting, planning, and performance measurement purposes. 
Program Structure -The delineation programs, activities, and services that constitute the work agency. 
Proprietary Fund -Fund category that often emulates the private sector and focuses the measurement net income. Expenditures are typically funded user charges and fees. Governments may have two types proprietary funds: enterprise funds and/or internal service funds. 
Qualified Zone Academy Bond federal bond program established help schools raise funds to: renovate and repair buildings, invest equipment and up-to-date technology, develop challenging curricula, and train quality teachers. OZABs reduce the burden interest payments giving financial institutions holding the bonds (or other debt mechanism) tax credit lieu interest for construction eligible low-income schools. Through tax credit the lending institution, the federal government covers all the interest these bonds, resulting savings percent the cost these renovation and improvement projects. 
Real (Constant) Dollars -Refers adjusted value currency used compare dollar values from one period another. Due inflation, the purchasing power the dollar changes over time, order compare dollar values from one year another, they need converted from nominal (current) dollar values constant dollar values. 
Reallocation The modification budget from one phase capital project another. The total budget for the project remains the same. 2015 Proposed Budget and Financial Plan Glossary Budget Terms 
Appendix B-7 

Redirections -The permanent shift funds positions within agency. 
Regular Pay -Continuing -Salary and wages for all continuing full-time employees. 
Regular Pay -Other -Salary and wages for part-time, part-year, temporary employees. 
Reorganization change the budget and reporting structures within agency. 
Reprogramming -Any budget modification for purposes other than those originally planned, which results offsetting reallocation 

budget authority from one budget category another, from one capital project another. 
Request for Applications (RFA) -The document that describes the requirements for subgrant applications. 
Request for Proposals (RFP) solicitation document requesting from prospective contractors submit business proposal with 

detailed description the manner which they plan achieve the goals specified the RFP. were they awarded contract so. The 
plan usually includes the proposer's corporate and financial information, estimate total cost and required completion schedule. 

Rescission legislative cancellation budget authority previously approved the Council and the Congress. 
Revenue Bonds revenue bond special type municipal bond distinguished its guarantee repayment solely from revenues 
generated specified revenue-generating entity source associated with the purpose the bonds, rather than from tax. 

Revenue -The annual income receipts the District from taxes, charges, grants, and investments. 
Revenue Category -General types revenue, such taxes. 
Revenue Class -Specific revenues, such real property taxes. 
Review Panel team qualified individuals responsible for reviewing, scoring, and recommending applicants for subgrant awards. 
Revolving Fund fund that replenished amounts are used, either additional appropriations income/revenue from the 

programs the fund finances. Therefore, the fund retains balance all times. 

Service-Level Budgeting -The development budgets program level four SOAR. This one level below the current level 
budgeting for most agencies, which the activity level. 
Special Purpose Revenue -Funds used account for proceeds derived from specific revenue sources (other than expendable trusts, 

special assessments, major capital projects) that are legally restricted expenditures for specified purposes. Formerly called 0-type 
other revenue, Special Purpose Revenue part General Fund revenue. 

Stimulus -Federal funding provided via the American Recovery and Reinvestment Act stimulate the economy. 
Strategic Business Plan strategic business plan establishes and articulates the purpose, strategic goals, operational organization, 
and performance expectations for agency. 

Strategic Goal -In strategic business planning, refers goal statements that describe measurable terms the significant results that 
agency must accomplish over the next years respond the critical trends, issues, and challenges. 

Structural Balance -The degree which revenues match expenditures over time. 
Subgrant -The commitment funds from grant District government agency governmental private organization support 
specific services and operations. See D.C. Municipal Regulations, Title Chapter 50. 

Subsidies and Transfers -The name the object class used allocate funds for variety public welfare and support costs and 

transfer funds other organizations, such the Washington Metropolitan Area Transit Authority, providing services District residents. 
Supplemental Budget -An increase the District's budget during the course the fiscal year, after the budget has first been approved. 
After approval Council and signature the Mayor, Supplemental Budget must also Congress for review. Within certain limits, the 
District may implement Supplemental Budget after 30-day review Congress, Congress does not disapprove it. 

Supplies and Materials -The names the budgetary object class used allocate funds for consumable materials. 

Glossary Budget Terms 2015 Proposed Budget and Financial Plan 
AppendixB-8 

System Accounting and Reporting (SOAR) -The financial management system currently used the District its official accounting system record. 
Tax Abatement-A decrease rebate tax burden improperly made. times tax abatement may reflect only acknowledgment changed situation. 
Tax Increment Financing method pay for the costs qualifying improvements necessary create new development
redevelopment. The financing the qualifying improvements paid from increased property and/or sales taxes generated from the new development redevelopment that would not occur "but for" such assistance. 
Tobacco Securitization Securitization financing method whereby party sells bonds investors backed future stream
payments. With tobacco securitization, the future stream payments the periodic payments tobacco companies will make part settlement reached the companies and various states 1998. The District received funds front from the proceeds the bond sale. The investors receive principal and interest payments their bonds from the tobacco companies' payments. Securitization shifts the risk that the tobacco companies will stop making settlement payments from the government private investors insurers. 
Trust and Agency Funds Fiduciary funds that are used account for assets held the District trustee capacity agent for
individuals, private organizations, and other governments. 
Transfers -Reallocation resources (funds positions) among agencies funds. 
Unfunded Liabilities -Potential actual debts for which current funding available. 
Uniform Per Student Funding Formula (UPSFF) -Funding formula used the District that determines the annual appropriation 

Local funds for the operation D.C. Public Schools and D.C. Public Charter Schools based the number students, the grade level, and 

the special programs which they are enrolled. 
WAE -The abbreviation for "when-actually-employed" appointment. This temporary appointment under which the employee serves intermittent basis. 

Weighted Student Formula (WSF)-Funding formula used the D.C. Public School system annually fund each school. The formula based enrollment, grade level, special education needs, free and reduced price lunch eligibility, and English Second Language 
characteristics. 

Within-Grade (Step) Increase salary increase awarded employee based longevity service and acceptable performance. 2015 Proposed Budget and Financial Plan Glossary Budget Terms 
Appendix B-9 

Exhibit 2015 Proposed Budget 
for the District Columbia Government (Dollars Thousands) 

HIO D.C. Health Benefit Exchange Authority 
1000 Agency Management Program 
Comptroller Source Group  General Funds  Federal Funds  Private Funds  Intra-Dist rict Funds  Gross  Funds 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014  
0011 0012 0013 0014 OOlS  1,47S 176  2,401 SS2  -2,401 -SS2  1,47S 176  2,401 SS2  -2,401 -SS2  
Subtotal:  1,676  2,9S3  -2,9S3  1,676  2,9S3  -2,9S3  
0020 0031 0032 0040 0041 ooso 8,S34 464 780 131 44,7S9  -12 -780 -131 -44,7S9 8,S34 464 780 131 44,7S9  -12 -780 -131 -44,7S9  

0070 -7S 
Subtotal: NPS 9,114 4S,7S8 -4S,7S8 9,114 4S,7S8 -4S,7S8 
Total 1000 10,790 48,711 -48,711 10,790 48,711 -48,711 lOOF Agency Financial Operations 
Comptroller Source Group  General Funds  Federal Funds  Private Funds  Intra-Dist rict Funds  Gross  Funds 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014  
0011 0014  S14 118  -S14 -118  S14 118  -514 -118  
Subtotal:  632  -632  632  -632  
0020 0040 0041 0070 320 -320 320 -320  
Subtotal: NPS  324  -324  324  -324  
Total lOOF  956  -956  9S6  -956  

2000 Plan Management Program 
Comptroller 2013  General Funds 2014 2015  Change 2013  Federal Funds 2014 2015  Change 2013  Private Funds 2014 2015  Change 2013  Intra-DistFY 2014  rict Funds 2015  Change 2013  Gross 2014  Funds 2015  Change  
Source Group  Actual ppr  Req  2014  Actual  Appr  Req  2014  Actual  Appr  Req  2014  Actual ppr  Req  2014  Actual  Appr  Req  2014  
0011  197  -197  197  -197  
0014  -45  -45  
Subtotal:  242  -242  242  -242  
0020  
0032  
0041  

D.C. Health Benefit Exchange Authority August 2014 2015 Proposed Budget ... for the District Columbia Government (Dollars Thousands)  
Comptroller Source Group  General Funds  Federal Funds  Private Funds  Intra-Dis trict Funds  Gross  Funds 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014  
Subtotal: NPS  
Total 2000  243  -243  243  -243  

3000 Eligibility And Enrollment Program 
Comptroller Source Group 2013 Actual  General Funds 2014 Appr 2015 Req  Change 2014 2013 Actual  Federal Funds 2014 ppr 2015 Req  Change 2014 2013 Actual  Private Funds 2014 Appr 2015 Req  Change 2014 2013 Actual  Intra-DistFY 2014 ppr  rict Funds 2015 Req  Change 2014 2013 Actual  Gross 2014 ppr  Funds 2015 Req  Change 2014  
0011 0014  197  -197 -45  197  -197 -45  
Subtotal:  242  -242  242  -242  
0020 0041  
Subtotal: NPS  
Total 3000  243  -243  243  -243  

4000 S.H.O.P. Operations Program 
Comptroller Source Group  General Funds  Federal Funds  Private Funds  Intra-Dist rict Funds  Gross  Funds 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 ppr 2015 Req  Change 2014  
0011 0014  197  -197 -45  197  -197 -45  
Subtotal:  242  -242  242  -242  
0020  
Subtotal: NPS  
Total 4000  243  -243  243  -243  

5000 Consumer Education And Outreach Program 
Comptroller Source Group 2013 Actual  General Funds 2014 Appr 2015 Req  Change 2014 2013 Actual  Federal Funds 2014 ppr 2015 Req  Change 2014 2013 Actual  Private Funds 2014 ppr 2015 Req  Change 2014 2013 Actual  Intra-DistFY 2014 Appr  rict Funds 2015 Req  Change 2014 2013 Actual  Gross 2014 ppr  Funds 2015 Req  Change 2014  
0011 0014  
Subtotal:  
0040 0041 0050 15,200 -15,200 15,200 -15,200  
Subtotal: NPS  15,200  -15,200  15,200  -15,200  
Total5000  15,200  -15,200  15,200  -15,200  

a 
D.C. Health Benefit Exchange Authority August 2014 H-101 
6000 Business Development Program 
Comptroller 2013  General Funds 2014 2015  Change 2013  Federal Funds 2014 2015  Change 2013  Private Funds 2014 2015  Change 2013  Intra-DistFY 2014  rict Funds 2015  Change 2013  Gross 2014  Funds 2015  Change  
Source Group  Actual  Appr  Req  2014  Actual  Appr  Req  2014  Actual ppr  Req  2014  Actual ppr  Req  2014  Actual ppr  Req  2014  
0011  441  -441  441  -441 2015 Proposed Budget 
for the District Columbia Government (Dollars Thousands) 

ComptrollerSource Group  Genera lFunds  Federa lFunds  Private Funds  Intra-Dist rict Funds  Gross  Funds 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014 2013 Actual 2014 Appr 2015 Req  Change 2014  
0014  101  -101  101  -101  
Subtotal:  542  -542  542  -542  
0020  
Subtotal: NPS  
Total6000  544  -544  544  -544  

Totalbudget 10,915 66,140 -66,140 10,915 66,140 -66,140 
D.C. Health Benefit Exchange Authority August 2014 

Exhibit 2015 Proposed Budget for the District Columbia Government  (Dollars Thousands)  "'''"  
D.C. Health Benefit Exchange Authority Name  HID Code 2013 Actual 2014 Approved 2015 Request  Change from 2014  Local (Dedicated Taxes)  Other  General (Local+ Other)  Federal  Private  Intra-District  

AGENCY MANAGEMENT PROGRAM 1000 159 301 142
PERSONNEL 1010
TRAINING 1015 
-20 
9,521 14,295 1,614 -12,681
CONTRACTS AND PROCUREMENT 1020 1,187 1,083 -105
PROPERTY MANAGEMENT 1030 
INFORMATION TECHNOLOGY 1040 30,350 9,107 -21,243 
RISK MANAGEMENT  1055  300  100  -200  
LEGAL SERVICES  1060  261  608  1,025  417  
FLEET MANAGEMENT  1070  -12  
COMMUNICATIONS  1080  215  441  486  
CUSTOMER SERVICE  1085  174  329  155  
PERFORMANCE MANAGEMENT  1090  586  1,129  2,734  1,605  
Subtotal: AGENCY MANAGEMENT PROGRAM  10,790  48,711  16,815  -31,896  
AGENCY FINANCIAL OPERATIONS  lOOF  
BUDGET OPERATIONS  llOF  101  120  

ACCOUNTING OPERATIONS 120F 213 124 -89 642 422 -220
AGENCY FISCAL OFFICER 140F 
Subtotal: AGENCY FINANCIAL OPERATIONS 956 666 -290 
PLAN MANAGEMENT PROGRAM 2000 
PLAN MANAGEMENT SUPPORT SERVICE 2010 243 5,919 5,676 
Subtotal: PLAN MANAGEMENT PROGRAM 243 5,919 5,676 
ELIGIBILITY AND ENROLLMENT PROGRAM  3000  
ELIGIBILITY ENROLLMENT SUPPORT SVCE  3010  243  2,698  2,454  
Subtotal: ELIGIBILITY AND ENROLLMENT PROGRAM  243  2,698  2,454  

S.H.O.P. 
OPERATIONS PROGRAM 4000 

S.H.O.P. 
OPERATIONS SUPPORT SVCE 4010
373 130 
Subtotal: S.H.O.P. OPERATIONS PROGRAM 243 373 130 
CONSUMER EDUCATION AND OUTREACH PROGRAM  5000  
CONSUMER EDUC OUTREACH SUPPORT SVCE  5010  15,200  1,479  -13,721  
Subtotal: CONSUMER EDUCATION AND OUTREACH PROGRAM  15,200  1,479  -13,721  

D.C. Health Benefit Exchange Authority August 2014 

D.C. Health Benefit Exchange Authority August 2014 

Exhibit 2015 Proposed Budget for the District Columbia Government  (Dollars Thousands)  
HIO D.C. Health Benefit Exchan Appropriated Fund Title Enterprise and Other  Revenue Source Name  Budget Request  FTEs  

Enterprise And Other Funds 
6202 
HEAL BENEFIT EXCHANGE AUTHORITY FUND $28,531 52.00 
6203 
HBX LEVEL FUNDING $220 2.00 
Subtotal: Enterprise And Other Funds $28,751 54.00 
Subtotal: Enterprise and Other $28,751 54.00 General Fund 
Total: D.C. Health Benefit Exchange Authority $28,751 54.00 

D.C. Health Benefit Exchange Authority August 2014 
H-108 THE SUPERIOR COURT THE DISTRICT COLUMBIA
 CIVIL DIVISION
 
KIRBY VINING,  
Plaintiff,  Case Number  2014 6496  Judge Herbert Dixon, Jr.  Next Event:  Initial Conference  Date:  January 16, 2015 9:30 a.m.  
EXECUTIVE BOARD THE  

DISTRICT COLUMBIA HEALTH
 BENEFIT EXCHANGE AUTHORITY, al.,)
 Defendants.
 
[PROPOSED] ORDER 
Upon consideration Defendants Motion Dismiss, Plaintiffs Memorandum 
Points and Authorities Opposition, any reply thereto, and the entire record herein, hereby 
ORDERED that: Defendants Motion Dismiss DENIED. 
DATE 	JUDGE HERBERT DIXON, JR. 
Copies Sent to:	 Michael Bekesha JUDICIAL WATCH, INC. 425 Third Street, S.W., Suite 800 Washington, 20024 mbekesha@judicialwatch.org 
Grace Graham William Causey Assistant Attorney General Public Interest Division, Equity Section OFFICE THE ATTORNEY GENERAL 441 Fourth Street, N.W., Sixth Floor South Washington, 20001 William.causey@dc.gov 
CERTIFICATE SERVICE hereby certify that this 12th day December, 2014, true copy the foregoing Plaintiffs Memorandum Points and Authorities Opposition Defendants Motion Dismiss was filed using the Courts electronic filing system, thereby electronically serving copies all counsel record. 
/s/ Michael Bekesha Michael Bekesha