HHS Pick Price made ‘brazen’ stock trades while his committee was under scrutiny

U.S. Rep. Tom Price, R-Roswell, Georgia, is Donald Trump's choice for Secretary of the Department of Health and Human Services.
U.S. Rep. Tom Price, R-Roswell, Georgia, is Donald Trump's choice for Secretary of the Department of Health and Human Services.

Health and Human Services secretary nominee Tom Price showed little restraint in his personal stock trading during the three years that federal investigators were bearing down on a key House committee on which the Republican congressman served, a review of his financial disclosures shows.

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Price made dozens of health industry stock trades during a three-year investigation by the Securities and Exchange Commission that focused on the Ways and Means Committee, according to financial disclosure records he filed with the House of Representatives. The investigation was considered the first test of a law passed to ban members of Congress and their staffs from trading stock based on insider information.

Price was never a target of the federal investigation, which scrutinized a top Ways and Means staffer, and no charges were brought. But ethics experts say Price’s personal trading, even during the thick of federal pressure on his committee, shows he was unconcerned about financial investments that could create an appearance of impropriety.

“He should have known better,” Richard Painter, former White House chief ethics attorney under President George W. Bush and a professor at the University of Minnesota Law School said of Price’s conduct during the SEC inquiry.

As Price awaits a Senate vote on his confirmation, Senate Democrats and a number of watchdog groups have asked the SEC to investigate whether Price engaged in insider trading with some of his trades in health care companies. Price has said he abided by all ethics rules, although he acknowledged to the Senate Finance Committee that he did not consult the House Ethics Committee on trades that have now become controversial.

The SEC’s inquiry began in 2013, as it battled Ways and Means for documents to develop its case.

A few weeks ago, the day before President Donald Trump’s inauguration, the SEC quietly dropped its pursuit of committee documents without explanation, according to federal court records. No charges were brought against the staffer, Brian Sutter, who is now a health care lobbyist. Sutter’s lawyer declined to comment.

Craig Holman, government affairs lobbyist with Public Citizen, described Price’s volume of stock trades during the SEC inquiry as “brazen,” given the congressman’s access to nonpublic information affecting the companies’ fortunes.

“The public is seeing this and they really don’t like it,” said Holman whose watchdog group recently filed complaints about Price’s stock trading with both the SEC and the Office of Congressional Ethics.

Trump administration officials and Price have dismissed questions that news reports and lawmakers have raised about stock trades coinciding with official actions to help certain companies, saying Price’s brokers chose the stocks independently and all of his conduct was transparent.

After acknowledging that he asked his broker to buy stock in an Australian drug company, he told the Senate Finance Committee that he did not direct his broker to make other trades.

“To the best of my knowledge, I have not undertaken such actions,” he wrote in response to finance committee questions. “I have abided by and adhered to all ethics and conflict of interest rules applicable to me.”

An analysis of Price’s trades shows that he bought health stocks in 2007, the first year Congress financial disclosures are posted online. In 2011, the the first year Price sat on the health subcommittee, he traded no health-related stocks, according to his financial disclosures filed with Congress.

That same year, members were facing public criticism because of a book detailing how they could use inside information and a “60 Minutes” investigation focused on how members and staff could legally use inside information to gain from their own stock trades.

In 2012, President Barack Obama signed the Stop Trading on Congressional Knowledge Act to rein in insider trading by members and require more disclosure. Public watchdog groups suggested at the time that the law would curb the practice.

That year, after his one-year break in health care trades, Price resumed investing in health care companies.

Along with investments in technology, financial services and retail stocks, he also bought and sold stock in companies that could be impacted by actions of his subcommittee, which has a role in determining rates the government pays under the Medicare program.

Health care firms spend heavily to influence members of Congress, lobbying on health matters, funding political campaigns and seeking favor with Medicare officials who decide how much the program will pay for certain drugs and devices. The Food and Drug Administration holds similar power, approving or putting conditions on drug and device use.

Beyond his personal investments in health care companies, Price has also advocated their interests in letters to officials and proposed laws, government records show.

In 2012, disclosure records show Price sold stock in several drug firms, including more than $110,000 worth of Amgen stock. Amgen’s stock price had steadily climbed out of a recession-level slump, but Price’s sale came a few weeks before the company pleaded guilty to illegally marketing an anemia drug.

By 2013, the health subcommittee was at the center of a major conflict between Medicare, which sets Medicare Advantage rates, and the insurance industry. Medicare issued a notice early that year announcing its intention to reduce Medicare Advantage rates by 2.3 percent as part of a major cost-cutting initiative.

That prompted fierce lobbying by the health insurance industry. Members of Congress, including Price, wrote a letter to Marilyn Tavenner, then acting administrator for the Centers for Medicare & Medicaid Services, protesting the rate cut, saying the decrease would “disadvantage vulnerable beneficiaries with multiple chronic conditions.”

Ultimately, Medicare decided not to cut rates but instead, to increase them. Yet an hour before Medicare announced the change, a Height Securities analyst fired off a “flash” report to 200 clients that touched off a surge of trading.

The analyst’s report said a political deal was hatched on Capitol Hill to prevent the cuts as a condition for moving forward on Tavenner’s confirmation. Medicare officials increased rates by nearly 4 percent, a change that would positively impact the bottom lines of health insurance companies.

The SEC began looking for the leak’s source, and within weeks, FBI agents began interviewing staffers at the Ways and Means Committee, court records show.

They discovered communications between Sutter and a health care lobbyist. The HHS Inspector General also began a probe, and federal prosecutors briefly examined the matter activity as well.

As the case unfolded, Price bought more health care-related stocks, according to his financial disclosures. He has testified that his broker directed all of the trades, except for his investments in Innate Immunotherapeutics, an Australian company partly owned by Rep. Chris Collins (R-N.Y.), according to Collins’ disclosures. An HHS spokesman said Monday that Price held three broker-directed accounts.

Ethics experts have said that Price should have further distanced himself by placing his assets in a blind trust.

On April 30, 2013, Price bought $2,093 worth of stocks in Incyte, a company that develops cancer drugs; $2,076 in Onyx Pharmaceuticals, a drugmaker that would soon merge with a larger drug firm; and $2,097 in Parexel International, a consultancy that helps drugs and devices win FDA approval, according to the financial disclosure records.

The same day, Price shed shares of Express Scripts, a drug management firm, and Danaher, which makes products hospitals and doctor’s offices using for testing and diagnostics. In August of that year, he bought a $2,429 stake in Jazz Pharmaceuticals, which makes sleep and cancer drugs.

On May 6, 2014, the SEC served its first subpoena for the Ways and Means Committee documents. The committee launched a vigorous fight, appealing a federal district judge’s ruling that it should comply with the SEC subpoena.

Price continued his health stock trades, including $1,000 to $15,000 in drug firms Amgen, Eli Lilly and Co., Pfizer, Biogen and Bristol-Myers Squibb. He also bought stocks in Aetna, a major health insurer, and Athenahealth, which sells electronic medical record and medical billing software. In 2016, he also increased his investment in Innate Immunotherapeutics.

The purchase became controversial because both he and Collins bought stock in a private placement at a discounted price.

“You’re asking for trouble if you have access to nonpublic information about the health care industry and you’re buying and selling health care stocks,” Painter said.

—  Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation.

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  60. Dziwne. Dawno juz nie widziaÅ‚em w handlu takich produktów z opisem “feta”. Ale swojÄ… drogÄ… zamiast “typu feta” niech piszÄ… “typu greckiego” i bÄ™dÄ… mieli spokój. A jakaÅ› informacja jest potrzebna, bo skÄ…d nabywca ma wiedzieć, ze to biaÅ‚e to jednak nie twarożek?

  61. Oh god…us, too! Tried bassinet by my bed for the first baby, quickly moved to other side of our room and then just as quickly across the hall to the nursery and her crib! I was hyper alert to every snort, sniffle and breath. I slept better and she did, too, because I wasn’t always hovering. Straight to crib with Baby #2 first night home. This mama happy and (somewhat) rested makes for happier baby and family life.

  62. Acho que desde que o recrutamento para editores foi aberto (começo do ano? talvez antes…), ele não foi fechado. Falta gente disposta a aprender, cara. Bom, atualmente, é o Thoes que está encarregado deste setor do scan. Aguarde volta dele/entre em contato com ele, caso tenha algum interesse.Precisamos de escrav-(sic!) editores! =)

  63. This is an excellent post by Phil. He is calling out the big donors not because they are “Jewish,” but because he finds in the public record that they are strongly pro-Israel, and he deduces that may be why — at at least partly why — they changed their political allegiance. This is a perfectly legitimate line of inquiry, but you won’t read it in the mainstream U.S. press. (You could almost certainly read it in Haaretz, however.)

  64. So glad you stopped by to check out my blog… even if not during your previously envisioned morning coffee-reading blog time Good to know, I’m not the only one getting interrupted by sippy cups, child “fights” and annoying dogs during planned, “supposed” blog reading time! LOL. Better luck tomorrow???

  65. Katsetan ka oma loosiõnnega 2011. aasta jääb mulle meelde kui eneseületamise aasta. Sain jagu kaua kestnud madalseisust, mis lõppes depressiooni diagnoosimisega. Võib tunduda tühisena kõiksugu säravate sündmuste kõrval, kuid võidud iseenda üle on need kõige magusamad!

  66. Kat, good tip for a light without a timer, would never have thought of that. The only problem here is so much pollen is floating around (the deck is covered with yellow spots), along with so many blackflies and mosquitoes and lots of other little things, putting pieces outside without a cover might not work. How about clear plastic wrap? Would enough UV pass through?

  67. Could you comment on how you study modern history in China. I am interested in how you sift facts and come to conclusions when there are so many distortions in official history. I am only an curious listener, and this is not a critical question. It seems like a good topic for a podcast.Thank you for the Kansas City shout out. if you come by again, please contact me, and I will take you out for some more BBQ.

  68. I am a big fan of Wendy’s and a subscriber to her blog. I very much appreciate her refreshing point of view. She is spot on with her advise regarding negative thinking in business. How many businesses have failed because they could get out of their own negative attitude way. Susan Cooper recently posted..

  69. Sorry, Bet, but if one of my dream Jeopardy! categories is Cohen Bros. films, Raising Arizona is a must. In fact, it’s probably a Daily Double. BTW: If you can manage ‘milieu,’ you can totally own ‘assuage’ (uh-SWAY’Dj). I, for one, am willing to wait as long as it takes to hear you read TKAM. Ethics update: I passed my MPRE by the hair of my chinny-chin-chin.

  70. não leve a mal , mas adorava saber quanto custa , em percentagem de salário mínimo , uma consulta de especialidade na alemanha , na suécia ou na inglaterra. em portugal é prái entre um quarto e um quinto , uma roubalheira.e essa coisa de acedermos a um hospital rapidamente , sem lista de espera , após a consulta privada do médico que trabalha no hospital…uma vergonha.

  71. Kedves Mariann!A számodra küldött levelek végén lévÅ‘ “mintalevelekben” lévÅ‘ “Csatlakozom” szóra kattintók hozzád kapcsolódnak, így ez a szó rejti a te csatlakoztató linkedet, referal kódodat.Ãœdvözlettel:Tech Admin

  72. Hi Lola,I came across your website while looking for a photograph of a Gateau St Honore for a short article that I am writing for my own website.I think your blog is lovely, the pictures are really pretty. I would like to use the photograph of the cake on my website. I will of course credit you and link back so that my customers can view your blog.

  73. Byhålebon skriver:ByhålebonFör 215 dagar sedanvad hade habo varit utan jönköping??ljusnarsberg med centralort kopparberg råkar ligga mitt i mellan 5 metropoler o kan inte snålåka på någon utan blir år från år klassad som sämst eller nära nog sämst. synd att ingen logistikansvarig förstår detta. 15 mil till västerås, 13 mil till karlstad, 8 mil till örebro, 8 mil till borlänge o 10 mil till falun.

  74. symbol rife with breast issues involves fingernails. chemo…caused permanent ridges to form on mine, and herceptin gave them the consistency of tissue paper until the drug left my system. ”sally hansen hard as nails” nail polish helped to strengthen them. at my dermatologist’s urging i also took bi…

  75. Hi Lizzie! You’re a brave woman! Good for you!When I was pregnant I had to give up sugar and white floor containing products. I can tell you that ice cream I missed the most. Not chocolate, I hate it, but ice cream.I eat it sometimes but not every day, and now it doesn’t affect my weight any more.

  76. Hi, just posting a comment as per twitter request.It does this:1) You click on name field. The cursor appears a few lines above the field2) You start to type. The cursor jumps to this comment text box.3) You click on name field. The cursor finally goes there.4) There is a check box below this comment box with no label on it.This is all FF2, Windows.

  77. Nico dit :Une dernière chose qui m’a bien fait rire à propos de Mme Assia, qu’elle n’hésite pas à proposer sa candidature pour un autre pays, elle ne sera pas déçue du voyage, qui voudra d’elle ?, non mais là cela devient inquiétant, qu’elle tente sa chance, elle comprendra enfin que les portes se sont fermées depuis longtemps pour elle !

  78. Lumière d’Orient dit :Cher compatrioteJe crois qu’il ne faut pas du sang et des larmes pour sortir le pays de la situation catastrophique qu’ilconnait aujourd’hui. Peuplé d’un peu plus de 800 000 ames, un sous sol scandaleusement riche, unsol fertile, il suffit d’avoir de la volonté, et l’amour de son pays:.

  79. Então.Eu estou quase desistindo de estudar sobre linux.Eu tenho 90 de livros sobre distribuições linux. Vamos ser realistas, windows está em 1° lugar pra quem quer crescer na vida.Mas, eu uso algumas distros virtualizados !…heheheAté mais… Usando Google Chrome 1.0.154.43 em Windows Vista

  80. Debe ser ansiedad, yo sufro de hace 3 años una sensación insoportable de lengua quemada y que me pica el paladar, tb me da la sensación de tener algo en la garganta no se cómo explicarlo, como algo ahí atragantado , cómo que me quedó comida o como que tengo un pelo no se cómo explicarlo! así que no te preocupes por lo que he leído es eso, además me da en los autobuses una sensación que me voy a morir! Yo ya no se q hacer con mi vida

  81. Congrats on the new couch. That’s a big deal. I’d been living with my grandmother’s couch for years (and it was 15 years old when we got it) – gave it away, finally, when we moved. It was old but the BEST napping couch ever in the history of ever. I love the metaphor in the idea of cups being full as you play poolside. Very happy. Yay.

  82. Hmm it appears like your website ate my first comment (it was super long) so I guess I’ll just sum it up what I submitted and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to everything. Do you have any points for first-time blog writers? I’d genuinely appreciate it.

  83. Mobilisons-nous pour soutenir l’école publique.J’habite un petit village. L’école ne se meure pas, l’école a même ouvert 3 classes ces 5 dernières années mais les instits souffrent tous les jours de ne plus pouvoir offrir un programme de qualité à nos enfants. Ils doivent donner plus avec nettement moins d’aide et ne s’en sortent plus.

  84. You are an idiot. How do u expect reliableness if u treat professionals as disposable as u do? You need clients before translators and no client wants a quick job done with no consistency whasoever. Doesnt matter how many pages u get your peasants translate for your pennies. You just want profits over other’s professional expenses and still want people to consider u r a genius by thinking that way. Im deeply sorry for your miserable existence.

  85. arkadaşlar bir şirkettimizin üç ortagı vardı kapandı,ben bana düşeni ödemek istiyorum.bu konuda haberi olan varmı lütfen bilgisi olan varsa bilgi versin .ayrıca halk dibe vurdu sağolun af çıktı ama bizi bu hale getirenleri kim affedecek.çok zordurumdayız.ben başbakan olsaydım halkımın ödeyemeyenlerin borcunu silerdim,çünki ödeyemeyen insan zordurumdadır,çocukların okul harçlıgından,gıdasına kadar herşeyden kesilecek.mutsuz bir aile parçalanır,sonrasında olacakları kontroledemezsiniz.

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