Apparently Oregon Governor John Kitzhaber thinks so. A news release from his office states:

Governor Kitzhaber today asked Oregon Attorney General Ellen Rosenblum to immediately initiate legal action to recover payments and other damages from Oracle, the state’s chief technology vendor for Cover Oregon. Citing Oracle’s failure to deliver to the state a fully functional website for health insurance enrollment, the Governor next made a request to Daniel Levinson, the Inspector General of the U.S. Department of Health and Human Services, to evaluate the work performed by Oracle and consider the full range of legal options. He also wrote Senators Ron Wyden and Jeff Merkley requesting they use their oversight authority to help investigate and recoup taxpayer dollars paid to Oracle.

According to the Associated Press story, Oracle is confident that they are not at fault.

“Contrary to the story the State is promoting, Oracle has never led the Oregon Health Exchange project,” Oracle’s statement said. “OHA (the Oregon Health Authority) and Cover Oregon were in charge and badly mismanaged the project by consistently failing to deliver requirements in a timely manner and failing to staff the project with skilled personnel.”

The governor is trying to shift blame from where it belongs, the company said, adding it is confident an investigation would “completely exonerate Oracle.”

Sounds like they paid them on hope and change.