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Attorney General Donovan & State Auditor Hoffer Sue OneCare Over Refusal to Release Records

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February 3, 2021

Contact: Doug Hoffer, Vermont State Auditor, 802-864-5711 | Charity R. Clark, Chief of Staff, 802-828-3171

Attorney General T.J. Donovan today filed a lawsuit on behalf of State Auditor Doug Hoffer against OneCare Vermont after the accountable care organization breached its contract with the State by repeatedly refusing to provide accounting records to the State Auditor. OneCare, the state’s only accountable care organization, is charged with improving the health of Vermonters and lowering health care costs. Since 2017, the organization has agreed to be accountable for over $1 billion in health care services provided to Vermonters through Medicaid. Auditor Hoffer has requested records from OneCare to ensure that Vermont tax dollars are being efficiently used, but OneCare has repeatedly refused his requests. Instead, the organization released its 2019 compensation information for officers, key employees, and the five highest compensated employees to the Green Mountain Care Board—accounting for only 12 of its more than 61 employees.

“We requested payroll information from OneCare Vermont almost a year ago. They refused on multiple occasions,” said Auditor Hoffer. “I didn’t set out to sue OneCare, but they have left us no choice. It is unfortunate that OneCare does not respect the terms of the contract they signed. They are not above the law.”

“Given the scope and seriousness of OneCare’s mission, transparency is critical to ensure taxpayer dollars are being used effectively,” said Attorney General Donovan. “This contract contains a provision that allows accounting records to be released to State agencies upon request. OneCare is obligated to provide these records to Auditor Hoffer. Their refusal constitutes a breach of contract.”

In 2020, OneCare agreed with the Agency of Human Services to be accountable for $328 million in health care services and to provide analytics and care coordination services, among others, to Vermonters covered by Medicaid. OneCare’s refusal to provide salary transparency has limited Auditor Hoffer’s ability to evaluate the cost-effectiveness of an entity to which Vermont Medicaid has contributed millions of taxpayer dollars, the complaint alleges. OneCare’s refusal to produce these records breaches its contract with the State.

A copy of the complaint is available here in two parts: Part 1 and Part 2.