Many might consider limited or no functionality as a "crash," but when asked for clarification, HHS spokeswoman Joanne Peters stuck by the secretary's assertion that the website has never crashed.
"As the secretary says, the site works," Peters said. "But it is slow and has a lot of user errors. But even on the first day, some people could get all the way through the system. So it did not crash. If it crashed, it would have been totally down."
While the application portion may have been totally down during Sebelius' testimony, visitors were still able to access the healthcare.gov homepage, learn about the law and browse plans through the site's window-shopping feature. Meaning the site wasn't totally down.
5. Sebelius won't get an Affordable Care Act card
Because of an amendment added to the health care law, members of Congress and their staff must enter the insurance exchange intended for those without employer-provided coverage. Earlier this year, the Office of Personnel Management issued a rule that allows those federal employees entering the exchange to keep the contribution that the federal government currently provides to help cover the costs of insurance.
Republican Rep. Cory Gardner of Colorado asked the secretary whether she would join members of Congress and their staff in purchasing insurance on the federal insurance exchange, even though the law did not require her to.
After consulting with Office of Health Reform Director Mike Hash, who was seated behind her, Sebelius responded that it would be "illegal" for her to join the exchange because she receives insurance through the Federal Employees Health Benefits Program.
"If I have affordable coverage in my workplace, I'm not eligible to go into the marketplace, that's part of the law," Sebelius said.
Later, in a somewhat heated exchange with Republican Rep. Billy Long of Missouri, Sebelius repeated that explanation, telling the committee, "I don't want to give misinformation to the American public."
"I think it's illegal for me to access the marketplace," she said, before adding, "I would gladly join the exchange if I didn't have affordable coverage in my workplace. I would gladly join it."
Later, Peters confirmed that it was in fact illegal for Sebelius to join the exchange, but not for the reason she stated.
"Marketplace plans cannot be sold to a Medicare enrollee, and the secretary is a Medicare enrollee," Peters said.
If Sebelius, who turned 65 in May, did not have supplemental insurance through Medicare, she would have the option of foregoing her employer-sponsored plan through the FEHB and purchasing insurance on the exchange.
But because she had affordable insurance available to her, she would be ineligible for federal subsidies regardless of her income, and because the law did not require her to move onto the exchange, the OPM rule would not apply to her -- as it does to members of Congress.