State covering children with health insurance. Remedy in action at one agency, others lag
Jacqueline Rabe Thomas, CT MIRROR
January 12, 2012

Connecticut's child welfare agency spends $16.4 million a year on mental and behavioral health services, a sum that translates to about $30,000 for each child.

The problem, says the Department of Children and Families, is that one of every five children has private health insurance that is not covering what their doctors say is needed, leaving the state to pick up the tab.

That's about to change, and other agencies, including the state's largest health care provider, are being pushed to follow suit.

In an attempt to save money and force insurance companies to cover their clients, DCF is hiring an expert to appeal insurance company denials. Right now, the agency depends on families to be savvy enough to navigate their way through the complicated insurance appeals process.

"Dealing with insurance companies can be pretty challenging for someone," said Elizabeth K. Graham, a deputy DCF commissioner.

"A lot of time insurance companies are denying claims and are banking on the fact that families won't fight back against the red tape," said Joan Alker, a leader of Georgetown University's Center for Children and Families, which studies national health care trends.

On any given day, 650 children are receiving mental and behavioral services through DCF. This administration and previous DCF leadership have eyed reducing the costs of this program.

"Insurance companies are denying care knowing [the client] can get the state to pay the expenses they should be paying," said Victoria Veltri, the state's health care watchdog at the Office of the Healthcare Advocate. Veltri's office is hiring the insurance appeals expert. "We know how to shepherd the appeal through the process. It makes sense to send these cases over to us and let us do the work."

Last year, she said, her 11-person office got almost 4,000 denied claims reversed for families, a 75 percent success rate.

Before this year, DCF didn't investigate why a child's health insurance denied coverage for these mental and behavioral services, and didn't take the steps to appeal the decisions.

"We were not fully taking advantage of their health insurance... We need to make certain we connect the dots," Graham said.

Veltri and other child advocates say this appeals process also needs to take place at the state Department of Social Services, the lead health care agency in the state.

"The step they don't do is appeal. I suspect there's a lot of money for the state to recover from third party insurance," said Veltri about DSS, which provides health care to more than 500,000 children and adults through Medicaid.

DSS reports that 11 percent of those receiving benefits have private health insurance.

"The practices and procedures are really all over the place," said Mickey Kramer, the state's associate child advocate. "We throw money at something, and we don't know if we've looked everywhere else first."

David Dearborn, a DSS spokesman, wrote in an email that the agency does not appeal. He said the contractor that DSS uses to handle claims "will re-bill the private insurance company" when someone is applying for DSS services but does not go through the whole appeals process if they again deny coverage.

The re-billing recoups approximately $24 million a year of the more than $4.6 billion DSS spends on Medicaid.

The Department of Developmental Services does not appeal insurance denials either. DDS provides services for 15,600 adults with mental and behavioral illness.

"DDS has no roll in their private insurance," said Joan Barnish, a spokeswoman for DDS. "We would not appeal the insurance decision. Our agency does not handle that."

Graham said DCF officials will not need legislative approval to move this initiative forward, and it already has the blessing of the Malloy administration to spend the money for this new position.

"It's going to be worth our while," she said, noting this new position will more than pay for itself.

The state's largest health insurers -- Anthem, Aetna and ConnectiCare -- declined to comment.

The attorney general's office is investigating whether insurance companies are denying services that should be covered.

Dearborn said Thursday that DSS is waiting for the results of the attorney general office's investigation for guidance on how to tackle the issue.

Alker said she is unaware of any other state taking similar steps to appeal insurance denials, a statement echoed by leading national advocacy groups Families USA and Community Catalyst.

Veltri and Graham said shifting how these services are paid for will not delay or interrupt any services for the children.


Not the final word...
Administration gives states leeway on health rules

The Washington Times

By Paige Winfield Cunningham
Friday, December 16, 2011

Announcing a preliminary guideline on the benefits insurers must offer under the new health care law, the Obama administration surprised some health care advocates on Friday by remaining vague on details, choosing instead to let states largely set their own benchmarks.

Expectations had been that the Department of Health and Human Services (HHS) would release a list of specific benefits insurers must cover, but the agency said it’s leaving that up to states, allowing them to select an existing plan on which to base the essential benefits.

“The proposal reflects our commitment to giving states the flexibility they need as they set up their state-based exchanges,” said HHS Secretary Kathleen Sebelius. “Coverage that works in Florida may not work in Nebraska.”

Insurance plans must offer minimum coverage beginning in 2014, when health exchanges are supposed to be up and running in each state under the Affordable Care Act. Industry stakeholders have been anxiously awaiting a determination by HHS of which benefits will be deemed essential, but officials told reporters on Friday that states can expect to play a significant role in the process.

Outlining a basic structure for how states should go about determining essential benefits in the individual and small-group markets, they said states can choose a benchmark plan from among the three largest small group, state employee or federal employee plans, or use the largest HMO plan offered in the state’s commercial market.

The benefits and services covered by the benchmark plan would become the essential benefits package.

While plans in all states must cover 10 different categories of care mandated in the Affordable Care Act—like prescription drugs, maternity care and preventative services—they could modify coverage within a benefit category as long as they don’t reduce the value.

The Friday announcement came in advance of a final regulation HHS officials say they will release in the near future.

Patent advocacy groups were skeptical of the approach, expressing fear that it could undermine patient protection by leaving too much up to the states. Carl Schmid, deputy executive director for the AIDS Institute, called the announcement “clever,” but said it leaves a lot to be defined.

“It’s not what we expected,” Mr. Schmid said. “We were looking for more federal determination, a statement of benefits, and that’s kind of what we thought the law required them to do.”

HHS officials also refrained from discussing how the essential benefits would impact what patients pay for deductibles, co-pays and co-insurance, or the actuarial value of plans, saying they’ll weigh in on cost-sharing in the near future.

An independent panel advising HHS on essential benefits highlighted the issue of cost in October, telling the agency it should take cost into consideration when determining essential benefits. The recommendation ventured into potentially explosive territory by raising the question of whether the government should base health coverage for millions of patients on how much services cost.

Where HHS lands on that question is the key concern for a group of major trade organizations advocating for affordable and flexible essential benefits. Neil Trautwein, chairman of the Essential Health Benefits Coalition and vice president at the National Retail Federation, said “the devil is in the details.”

“HHS should continue to work to develop a rule that balances state-selected and reasonably comprehensive benefits with affordability for employers and individuals,” Mr. Troutwein said. “A final rule that does otherwise will make health coverage more expensive for employers and individuals to purchase and make jobs more difficult for employers to create.”


AP Newsbreak: Conn. budget chief wants health care pooling plan delayed; questions about cost
THE REPUBLIC.COM (Columbus, Indiana)
SUSAN HAIGH  Associated Press
First Posted: December 12, 2011 - 5:55 pm
Last Updated: December 12, 2011 - 8:02 pm

HARTFORD, Conn. — Gov. Dannel P. Malloy's budget director on Monday said he has serious concerns about opening up the state of Connecticut's health insurance plan next month to municipal workers and wants the initiative delayed until the state's risks can be examined further.

In a letter obtained by The Associated Press, Benjamin Barnes said he's worried the state could face financial exposure if only small groups of city and town workers are pooled into the self-insured, state employee and retiree health insurance system.

"In particular, I am concerned that the plan will not be able to accommodate most municipal employees because of collective bargaining agreements in place," said Barnes, the secretary of the Office of Policy of Management, in the letter to Comptroller Kevin Lembo. He said if union contracts prevent many municipal workers from immediately switching over to the state's plan, the groups that do agree to participate could have older, sicker employees with high utilization rates, possibly driving up the state's costs.

Barnes told the AP that while he sees health care pooling "as a very viable way to cut costs," he wants the state's health care actuary to analyze the program further to determine how many municipal employees can be expected to participate, what their health insurance utilization rates would be and how much risk the state's insurance plan could expect. He said it could take years to get a large enrollment.

Earlier this year, the General Assembly passed legislation requiring Lembo to offer coverage to municipalities. At the time, state officials estimated that nearly 578,000 municipal employees, retirees and their dependents could join the state plan, which currently covers about more than 202,000 state employees, retirees and dependents. The legislation, a key issue for House Speaker Chris Donovan, D-Meriden, currently a candidate in the 5th congressional district race, also called for allowing more than 174,342 employees of nonprofit agencies to join the state plan beginning 2013.

Barnes says he still supports the concept.

Donovan and other advocates maintain that by grouping more people together, the state can help drive down health care costs and make sure more people are insured.

The legislation required Lembo to open up the plan to municipalities in January. However, Barnes said OPM and the State Employees Bargaining Agent Coalition, which represents unionized state employee on health and benefits matters, have to first sign off on the proposal before any municipal workers could join. Barnes said in his letter OPM "will not be able to support it absent significant changes and more rigorous evaluation."

Barnes said he understands that additional analysis will delay the opening of the program beyond January. But he said, "I am sure we can all agree that protection of the state's resources is critical. This is especially true now given the fiscal challenges that we all face."

A message was left seeking comment with Lembo.

During the legislative debate in June, some Republican lawmakers voiced concern about opening up the state's health insurance plan to other groups. State Sen. Leonard Suzio, R-Meriden, said he worried the move could drive up claims and eventually drive up premiums paid by state employees and costs for taxpayers.

Barnes said expects the additional review could delay opening the program until late winter or early spring, unless the actuary determines the state will be facing large financial risks.

If that happens, Barnes said, "we'll just have to go back to the drawing board and figure out how to adjust that."


Health Law Puts Focus on Limits of Federal Power
NYTIMES
By ADAM LIPTAK
November 13, 2011

WASHINGTON — If the federal government can require people to purchase health insurance, what else can it force them to do? More to the point, what can’t the government compel citizens to do?

Those questions have been the toughest ones for the Obama administration’s lawyers to answer in court appearances around the country over the past six months. And they are likely to emerge again if, as expected, the Supreme Court, as early as Monday, agrees to be the final arbiter of the challenge to President Obama’s signature health care initiative.

The case focuses on whether Congress overstepped its constitutional authority in enacting parts of the law. Lower courts have reached divergent conclusions.  Even judges in lower courts who ultimately voted to uphold the law have homed in on the question of the limits of government power, at times flummoxing Justice Department lawyers.

“Let’s go right to what is your most difficult problem,” Judge Laurence H. Silberman, who later voted to uphold the law, told a lawyer at an argument in September before the United States Court of Appeals for the District of Columbia Circuit. “What limiting principle do you articulate?” If Congress may require people to purchase health insurance, he asked, what else can it force them to buy? Where do you draw the line?

Would it be unconstitutional, he asked, to require people to buy broccoli?

“No,” said the lawyer, Beth S. Brinkmann. “It depends.”

Could people making more than $500,000 be required to buy cars from General Motors to keep it in business?

“I would have to know much more about the empirical findings,” she replied.

Judge Brett M. Kavanaugh, who ended up in dissent, then jumped in. “How about mandatory retirement accounts replacing Social Security?” he asked.

“It would depend,” Ms. Brinkmann replied.

Ms. Brinkmann was cut off before she could elaborate on her answers. In other settings, she and other administration lawyers have described what they see as the constitutional limits to government power, though not typically using concrete examples.  They have said, for instance, that laws authorized by the Constitution’s commerce clause must be economic in nature, must concern interstate commerce and must address national problems.

They have also said that the health care market is unique. And they have suggested that questions about constitutional limits can miss the point. The only question actually before the courts, they said, is whether the particular law under review was within Congress’s authority. Other cases, they said, can be decided as they arise. But there is reason to think that at least some Supreme Court justices will want to hear what a ruling in favor of the health care law implies and what precedent it sets.

In 1995, when the court struck down a federal law that prohibited people from carrying firearms in school zones, Chief Justice William H. Rehnquist wrote that “we pause to consider the implications of the government’s arguments” in defending the law — that stopping activities that could lead to violent crime relates to interstate commerce because it affects “national productivity.”

Under that reasoning, Chief Justice Rehnquist wrote, “It is difficult to perceive any limitation on federal power,” adding that “if we were to accept the government’s arguments, we are hard pressed to posit any activity by an individual that Congress is without power to regulate.”

Chief Justice Rehnquist died in 2005, but three of the justices who joined his majority opinion — Justices Antonin Scalia, Anthony M. Kennedy and Clarence Thomas — are still on the court.  The concerns expressed by Chief Justice Rehnquist amount to what lawyers call the slippery slope. Many judges are reluctant to issue rulings without some sense of what their consequences will be in other cases.  But defenders of the health care law say that such concerns are not a reason to doubt its validity.

“Slippery slope arguments are themselves often slippery,” Walter Dellinger, who was acting solicitor general in the administration of President Bill Clinton, told the Senate Judiciary Committee in February. He gave an example. “If it is within the scope of regulating commerce to set a minimum wage,” he said, “one might argue, then Congress could set the minimum wage at $5,000 an hour.” But that would never happen, he said, for practical, political and legal reasons.

When a divided three-judge panel of the United States Court of Appeals for the 11th Circuit, based in Atlanta, struck down in August the mandate that individuals purchase and maintain health insurance from private companies, slippery slopes were very much on the minds of the judges in the majority.

“The government’s position amounts to an argument that the mere fact of an individual’s existence substantially affects interstate commerce, and therefore Congress may regulate them at every point of their life,” Chief Judge Joel F. Dubina and Judge Frank M. Hull wrote.

On Tuesday, on the other hand, a three-judge panel of the District of Columbia Circuit upheld the law. Judge Silberman, who had grilled Ms. Brinkmann so aggressively, wrote the majority opinion, and his discussion of the limits of Congressional power may have handed the administration a bigger victory than it wanted, because it presumably did not want to win on the grounds that Congress could do anything at all.  Judge Silberman said he remained troubled by what he called “the government’s failure to advance any clear doctrinal principles limiting Congressional mandates that any American purchase any product or service in interstate commerce.”

Then he adopted a version of Mr. Dellinger’s argument.

“That a direct requirement for most Americans to purchase any product or services seems an intrusive exercise of legislative power,” Judge Silberman wrote, “surely explains why Congress has not used this authority before — but that seems to us a political judgment rather than a recognition of constitutional limitations.”

Judge Silberman said there were Supreme Court decisions on issues like regulating the use of medical marijuana that had endorsed broad Congressional power to legislate in the name of commerce.

“It certainly is an encroachment on individual liberty,” he wrote of the health care law, “but it is no more so than a command that restaurants or hotels are obliged to serve all customers regardless of race, that gravely ill individuals cannot use a substance their doctors described as the only effective palliative for excruciating pain, or that a farmer cannot grow enough wheat to support his own family.”

In dissent, Judge Kavanaugh praised the majority for its honesty in describing what followed from its ruling.

“The majority opinion here is quite candid — and accurate,” he wrote, adding: “The majority opinion’s holding means, for example, that a law replacing Social Security with a system of mandatory private retirement accounts would be constitutional. So would a law mandating that parents purchase private college savings accounts.”

Within hours of the decision on Tuesday, opponents of the health care law were issuing statements, and their theme was predictable. “Like the government,” said Randy E. Barnett, a law professor at Georgetown, “the majority could identify no limit to an unprecedented power of Congress.”



Slashing doc pay
NYPOST
By SCOTT GOTTLIEB
Last Updated: 12:18 AM, October 25, 2011
Posted: 11:04 PM, October 24, 2011

A key government panel voted this month to whack what Medicare pays most doctors to treat patients. It’s an important step on the path to ObamaCare -- because the only way to make European-style health entitlements work in America is to pay US doctors lower European wages.

This is going to hurt doctors -- and hit patients even harder, as American physicians scale down their medical practices to adapt to the lower pay rates.

The vote by the Medicare Payment Advisory Commission involves slashing what the program for older Americans pays medical specialists -- then freezing these lower rates for years.

Everyone except primary-care docs would see payments for their services cut by 5.9 percent a year for three years (totalling a 16.7 percent cut in income), followed by a seven-year freeze at the reduced levels. Primary-care providers would have their reimbursement rates frozen at today’s pay levels for the whole decade. All this is part of a larger effort to save Medicare upward of $300 billion over 10 years.

This is no hollow threat: ObamaCare set up an agency called the Independent Payment Advisory Committee to fast-track these kinds of proposals into law by sidestepping Congress.

We doctors have mostly ourselves to blame for this mess. Hoping to preserve some organized power for MDs, groups like the American Medical Association made two Faustian bargains with Washington on behalf of physician members.

The first evolved in the late 1990s. In a deal to cut the deficit, the Clinton administration joined with a Republican Congress to cap total payments to doctors and implemented a system of price controls for their services. The AMA signed on to the scheme in part because Washington agreed to leave it to an AMA-run process to decide how the shrinking pie of money Washington spent would be carved up between different medical specialties.

The second Faustian deal was ObamaCare. Doctors’ Washington lobbyists overlooked the fact that ObamaCare would inevitably pay something close to (far below market) Medicaid rates for medical services. Nor did they fathom how much would need to be cut from physicians to pay for the plan’s costly mandates.

American doctors do earn much more than their European counterparts -- if US salaries aren’t adjusted for the different wealth of nations. Some of the best data on these pay differences appear in the September issue of the journal Health Affairs, in a study done by one of the administration’s assistant health secretaries before she took her government job.

Annual pre-tax income (net of practice expenses) for primary-care doctors was $95,000 in France in 2008, compared to $186,000 in the United States. For specialists, the disparities were wider -- with orthopedic surgeons averaging $154,000 in France and $208,000 in Canada compared to $442,000 in America.

The differences reflect lower rates for individual services. In France, for one, private insurance pays doctors about a third of what US physicians earn for office visits -- $34 in France vs. $133 in America for a primary-care doctor. Even public programs like Medicare pay twice what similar French programs offer.

In a view echoed around the Obama administration, the analysis concludes that these bigger salaries “were the main drivers of higher US spending” on health care.

To bring European healthcare to America, these price differences always had to be sanded away. The only way ObamaCare is going to bring our health benefits and spending to European levels is to also adapt European payment rates.

As a result, US doctors will adjust their business models in ways that won’t be good for patients. Some with busy practices in big cities will opt out of the government insurance systems entirely, and go cash-only. Others will retire early.

But most doctors won’t have these opportunities available to them. So they’ll need to make up in volume what they lose in margin for their individual medical services.

This will mostly mean hiring more nonphysician providers such as nurse practitioners to see most patients. Doctors will become managers of large clinical staffs, leaving more direct care to less-expensive providers.

Patients will lose access to physicians -- and spend more time waiting in busier offices.

As for doctors, there’s still some good news. With baby boomers aging, physicians will have plenty of business coming through their office doors. Of course, under ObamaCare, they aren’t going to get paid much for seeing most of these patients.

Scott Gottlieb, a physician and American Enterprise Institute resident fellow, was a senior official at the Centers from Medicare and Medicaid Services.


OP-ED | Exchange CEO Must Be Independent And Credible
CT NEWSJUNKIE
by Ellen Andrews | Jan 16, 2012 8:41pm

Wanted: Chief Operating Officer for the Connecticut Insurance Exchange Board, with responsibility for executing the strategic mission of the board established under federal health care reform and charged with creating a fair, competitive marketplace for consumers who will be required to buy health insurance by 2014.

The question for stakeholders, as we find our way in what is new health care policy territory, what kind of experience should this CEO have? With a board already dominated by insurance industry interests, it only makes sense that this executive should understand the needs of consumers.

For months, since the makeup of the Exchange Board was announced, the governor and legislative leaders who made the appointments have been under criticism for including three members whose sole work experience was in the health insurance industry, and not one consumer advocate. The membership is particularly troubling given the strong conflict of interest language that was included in the state law establishing the exchange last spring.

Connecticut’s insurance industry has long had a powerful influence over public policy to benefit their bottom line, leaving consumers unprotected. Created under national health reform, state insurance exchanges are meant to counter this advantage. It is estimated that one in ten state residents will purchase their coverage through the exchange – a lucrative new business opportunity for insurance companies.

The CEO will have a critically important position, that will include setting the standards health plans will have to meet to participate in the exchange, how much they can charge, what benefits they will have to offer, and holding them accountable to the consumers and small businesses who pay the bills.

This is a new concept for our state government, which is not used to holding insurers accountable. Unfortunately, the Board members’ biases show in the CEO job description. First in the list of qualifying experience is 5 years or more experience in health insurance. That’s not what we need.

Some argue it is important to know the insurance industry to effectively hold it accountable. But input from the insurance industry in setting public policy has never been lacking in Connecticut. If the insurance industry had succeeded in providing decent, affordable coverage, we wouldn’t need reform.

Indeed, the very notion of putting an insurance industry person in charge of implementing a health care reform panel seems to guarantee that consumers won’t be heard.  Would we have put the former CEO of CL&P in charge of the panel that evaluated response to the hurricane and snow storm that battered Connecticut last year?

There are plenty of smart, talented people in our state, with a deep understanding of the challenges facing consumers and small businesses, eminently qualified to run the exchange, who have never worked in the insurance industry.

The Insurance Exchange Board needs a CEO with consumer experience, a leader they will trust. As a consumer advocate, I talk with uninsured and underinsured people every day. One uninsured woman I spoke with recently who works out at my gym highlighted the most important challenge facing the exchange – building public trust.

The health insurance she’s had “never covered anything I needed” and “wasn’t worth it.” She listened politely when I described the promise of the new insurance exchange, skeptical that it would be useful to her. But when told the exchange Board is run by former insurance executives, she said “Of course it is.”

To be successful the exchange CEO doesn’t need to understand insurance. He or she needs to understand the woman at my gym.

Ellen Andrews is the executive director of the CT Health Policy Project

Health insurance exchange board searching for CEO, quickly
CT MIRROR
Arielle Levin Becker
Oct. 11, 2011

Wanted: Educated, experienced senior-level manager to develop and run a key piece of health care reform. Must pass muster with the governor and, preferably, be willing to start work early next year.

Those are the basic qualifications to become the first chief executive officer of the state's health insurance exchange, a marketplace for individuals and small businesses to buy health insurance that will launch by 2014. Legislation this year established the exchange as a quasi-public agency.

The job is expected to be posted in the next couple days, seeking candidates with advanced degrees and at least five years of senior-level management experience. The board that oversees the exchange will be charged with narrowing down the candidates, first through a smaller committee of board members that will conduct two rounds of interviews, and then the full board, which will hold the final interviews and recommend three candidates to Gov. Dannel P. Malloy. Malloy will then select the CEO.

The schedule for picking the CEO is expected to be tight. A timeline for the search process calls for having the interviews in December and a CEO in place in February.

During a special meeting of the exchange board Tuesday, state Healthcare Advocate Victoria Veltri, who co-chairs the search committee, praised the work done so far to identify the qualities needed in a CEO. "The fact is, and I think it's really important to stress this, that I believe this description will get us to somebody who's not only extremely well qualified from an insurance standpoint in understanding insurance processes, but it also is consumer-driven," she said.

Office of Policy and Management Secretary Benjamin Barnes, the search committee co-chair, said he shared Veltri's optimism about the process, but warned that recruiting someone as critical as the exchange CEO is an uncertain process that might not produce options the board likes in the time allotted. If the search doesn't attract what members considers to be the right kind of applicants, Barnes said, he and other search committee members might come before the full board and ask for a change in direction.


Wyman Says: SustiNet is dead… Dead I tell you… DEAD!
What Wait
Jonathan Pelto
September 14, 2011

Think Charles Dickens’ The Christmas Carol;

“Marley was dead: to begin with. There is no doubt whatever about that. The register of his burial was signed by the clergyman, the clerk, the undertaker, and the chief mourner…You will therefore permit me to repeat, emphatically, that Marley was as dead as a door-nail…This must be distinctly understood…”

When Governor Malloy’s new Health Care Cabinet met earlier this week, Lt. Gov. Nancy Wyman, who had helped to lead the SustiNet effort and was once one of its greatest champions, took great pains to ensure that no one – no one – thought that SustiNet was anything but dead.

Wyman proclaimed that “SustiNets not around anymore, there is no SustiNet.”

In fact, Wyman and State Comptroller Kevin Lembo, who served as Connecticut’s Health Care Advocate at the time, were the co-chairs of the SustiNet Health Partnership Board of Directors that created SustiNet.

Their board worked for more than a year and a half developing what was recognized as a profound step forward in the battle to provide greater access to affordable, high quality health care in Connecticut.  When the SustiNet Plan was finalized last December, Lembo said that “this report provides the General Assembly with a roadmap for reform – and propels Connecticut to the forefront in addressing a nationwide health care and financial crisis.”

This extraordinary victory did not come easily.  The legislation creating the SustiNet Board of Directors and laying out the process for developing Connecticut’s healthcare reform plan was vetoed by Gov. M. Jodi Rell in 2009.  The Democratic Legislature took the unprecedented action of overriding that veto and setting in to motion the steps that would eventual lead to the SustiNet plan.  Last December, on the day the SustiNet Board was adopting its final report, a rally was held in Hartford.

Dan Malloy, then the Governor-Elect, spoke at the rally.  As he did during his campaign for Governor he credited his mother for his lasting commitment to universal health care.  Speaking to the crowd, Malloy said that “it was through her eyes and her advocacy that I think much of my commitment to making sure that all of our neighbors have access to quality health care really arouse.”

Surrounded by health care reform proponents and religious leaders, Malloy pointed out that SustiNet represented Connecticut’s move toward universal health care.  The Governor to be added “I’m not sure we’re at the top of the mountain, where we see the promise land but we know the promise land exists or at least a substantial portion of that which is necessary to provide the promise land is just around the corner,”

Speaker of the House Chris Donovan, another leading voice in the battle for SustiNet also spoke at the rally calling it “an impressive sight” and pointing out how much had changed over the last few years.  Pointing to the next governor, the next lieutenant governor and all the clergy and said “I remember a couple years ago when the clergy wanted to meet with the governor and the governor then refused,”

Now, 10 months later, SustiNet is dead….

Dead as a doornail.

At this week’s Health Care Cabinet Meeting, Dan Malloy’s special advisor on health reform, Jeannette DeJesús worked to put all that in the past saying “There’s a lot of new things happening that we need to consider, there are lots of new opportunities, and there are lots of people who want to play that have not participated in the past. Our goal is to really be inclusive at every turn.”

New things, new opportunities, lots of people who want to play a role?

But despite the thousands of hours spent developing the SustiNet plan, there was no discussion about what elements of the old plan were so terrible that the SustiNet plan needed to be trashed.  Was it the effort to leverage Connecticut’s tremendous buying power to lower healthcare premiums for people whose healthcare is funded by taxpayers?  Was it the effort to create a system in which municipalities, non-profit organizations and small businesses could buy healthcare at a lower cost?  Was it the focus on lowering costs for everyone by making greater use of electronic medical records, preventative treatment initiatives or promoting cutting edge care in patient homes?

Or was it the creation of a “public option”, which was scheduled to begin in 2014 and would have provided health care insurance for the tens of thousands of Connecticut’s uninsured residents- an option that would have be financed by premium payments and federal tax credits and would not have required significant state subsidies.

Everyone in the room knew, but few would say, that part of the problem was that the SustiNet plan had gotten caught up in the recent Malloy/SEBAC agreement when, as a result of poor communication by both the state unions and the Malloy Administration, opponents of the concession deal interpreted the proposed health care changes as part of a secret plan to use SustiNet to undermine the state employee’s
health care plan.

But of course, that problem could have easily been resolved.

What could not be easily resolved was the strong opposition from Connecticut’s health care industry.  And since that opposition was very real and politically significant, the Governor’s new Health Care Cabinet did what it had to do and simply skipped over the true reason SustiNet was killed.  In the end the real problem was that here, in what was once the “Insurance Capital of the World”, if the SustiNet System worked as it was designed to do then health care premiums would drop and if health care premiums dropped, insurance company profits might drop as well.

In a year when Dan Malloy gave Cigna Insurance company almost $50 million in public funds to “move” its corporate headquarters back to Connecticut and create at least 250 jobs, whacking the insurance industry’s bottom line was hardly the message some wanted to send.  And equally important was the fact that SustiNet would allow a variety of entities to buy their health insurance through one of the state’s pools or plans.  Many chambers of commerce, especially the Connecticut Business and Industry Association, make their money by selling insurance to their members.

Giving small businesses another option for getting insurance, even if it mean cheaper insurance for businesses and their employees would have had a devastating impact on the ability of business groups to fund their activities.  So yes, SustiNet is Dead.  It was killed by some of the very people who helped create it in the first place.

Timeline from the NYTIMES on how the Health Care Law is faring in the courts...
Health Law Is Dealt Blow by a Court on Mandate
NYTIMES
By MICHAEL COOPER
August 12, 2011

The provision in President Obama’s health care law requiring Americans to buy health insurance or face tax penalties was ruled unconstitutional on Friday by the United States Court of Appeals for the 11th Circuit, in Atlanta.

It was the first appellate review to find the provision unconstitutional — a previous federal appeals court upheld the law — and some lawyers said that the decision made it more likely that the fate of the health care law would ultimately be decided by the Supreme Court.

The court found that Congress exceeded its powers to regulate commerce when it decided to require people to buy health insurance, a provision of the health care law known as the “individual mandate.” But the court held that while that provision was unconstitutional, the rest of the wide-ranging law could stand.

A 2-to-1 majority ruled that the mandate was beyond Congress’s power under the Commerce Clause of the Constitution, writing that “what Congress cannot do under the Commerce Clause is mandate that individuals enter into contracts with private insurance companies for the purchase of an expensive product from the time they are born until the time they die.”

The 11th Circuit case may have been the most closely watched of the health law cases wending their ways through the courts, in part because its plaintiffs included Republican governors and attorneys general from 26 states. But it was just the second of at least three appellate reviews. The Obama administration prevailed in the first round in June, when the individual mandate was found to be constitutional by the United States Court of Appeals for the Sixth Circuit, in Cincinnati. The next opinion is expected shortly from the Fourth Circuit in Richmond, Va.

Supporters and opponents of the law, known as the Affordable Care Act, expect that the Supreme Court will eventually decide the issue. Some lawyers said the fact that the Atlanta court created a conflict among courts of appeals made it more likely that the Supreme Court would hear the case as early as its next term, which starts in October.

The health care law — passed in 2010 after more than a year of wrangling, and frequently criticized by Republican presidential candidates and members of Congress — is intended to insure 32 million Americans by mandating that most people obtain health insurance, subsidizing policies for the poor and requiring insurers to accept people with pre-existing health problems.

Supporters of those provisions, which take effect in 2014, argue that without the insurance mandate, which brings more people into the insurance pool, it is unreasonable to require insurers to cover all applicants regardless of their health status.

The Cincinnati court ruled that the mandate was constitutional. The Atlanta court disagreed, in a majority opinion written by Chief Judge Joel F. Dubina, who was appointed by the first President George Bush, and Judge Frank M. Hull, who was named by President Bill Clinton. Judge Stanley Marcus, another Clinton appointee, wrote a dissent.

The majority opinion said, “This economic mandate represents a wholly novel and potentially unbounded assertion of Congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives.”

Their opinion overturned the part of a lower court ruling that would have thrown out the entire health care law: they ruled that while the individual mandate was unconstitutional, the rest of the law could stand.

The White House and the Department of Justice said they were confident that the law was constitutional.

Kevin Sack contributed reporting.






Greenwich (above): 
A good place to spend time if you have to be in a hospital.


Hospitals facing a double hit from Hartford, Washington
Deirdre Shesgreen and Arielle Levin Becker, CT MIRROR
April 25, 2011

WASHINGTON--Frank A. Corvino, the CEO of Greenwich Hospital, is still reeling from the fiscal punch from Hartford, in the form of a proposed new tax on hospitals across Connecticut. Now, he's girding for a second hit from Washington, where federal Medicare officials are fine-tuning a cut to hospital reimbursement rates.

The two blows, Corvino and other hospital executives say, would ripple across the health care system and take a toll on the quality of care.

"The combination of these two... is going to have a devastating effect on patient care in the state," Corvino said. "It's going to pierce the safety net that hospitals provide for their patients."

Even before Gov. Dannel P. Malloy unveiled a budget plan that included a new levy on hospitals, Connecticut institutions were focused on a federal proposal to pare back Medicare payments. The Connecticut Hospital Association and others have lobbyied against the measure, drafted by the federal Centers for Medicare and Medicaid (CMS).

But they appear to have lost that battle, at least the first round. Last week, CMS released a proposal to slice nearly $500 million from its Medicare payments to hospitals across the country. The Connecticut Hospital Association said it will file a formal protest against the rule in June. And it's still subject to public comment, and possibly revision. But hospitals failed in their efforts to soften a similar cut imposed at the start of this fiscal year.

CMS officials have said the reduced reimbursements are an effort to make up for overpayments to hospitals, in Connecticut and around the country, in previous years. Prior to 2008, hospitals were paid the same amount for treating an otherwise healthy patient with pneumonia, for example, as they were for a pneumonia patient who had other complications.

Since then, CMS has instituted a more sophisticated system, allowing for more varied levels of diagnosis-and more nuanced payment rates. But before that went into effect, CMS officials say, some hospitals "bumped up" patients' diagnoses to a more severe category than was necessary, resulting in overpayments. Hospitals have adamantly denied that charge and pressed CMS to abandon the cuts, or at least temper them.

But starting last fall, CMS began recouping half of the alleged overpayments through an initial Medicare payment cut. And this week, CMS issued a fresh proposal to gain back the second half, through $498 million in additional Medicare cuts to 3,400 acute care hospitals around the country.

Kim Hostetler, vice president for administration and communication at the Connecticut Hospital Association, said CHA is still examining the proposal to see how it will impact Connecticut's 30 acute care facilities. She said they're seeking clarification from CMS on some elements of the cut.

"But it's safe to say that Connecticut will be harder hit than the national average," she said, adding that Connecticut hospitals are already only reimbursed 93 cents for every dollar spent caring for Medicare patients.

The reduction, combined with a lower-than-usual boost for inflation from CMS, will result in an "unprecedented" cut, she said. "This really is a double whammy for Connecticut hospitals."

For Greenwich Hospital, Medicare patients make up about 30 to 40 percent of the patient population, so any reduction in reimbursements will be hard felt, Corvino said. But he knew they were coming and was prepared to absorb the trim one way or another.

Not so for the budget proposal approved by the Appropriations and Finance, Revenue and Bonding committees in Hartford this week. That budget deal would eliminate $83.3 million in state aid that helps hospitals cover the cost of caring for people who are uninsured or underinsured; it also levies a new tax on hospitals.

"If it was just the Medicare cuts, we could probably live... with a couple of million dollars [in lower revenue] here or there," Corvino said. "But when you up that on top of this devastating budget, the hospitals are really going to be hard pressed to provide the same level of service that their currently providing."

By taxing hospitals, the state can capture federal matching funds for its own coffers-and then redistribute the tax revenue back to the hospitals. But to get the federal money, the state can't simply give each hospital back what it paid. Instead, some hospitals have to get more back than they paid, and some have to get less. The amount returned is based on each hospital's volume of Medicaid patients and uncompensated care.

Malloy's original proposal called for raising $266.6 million from hospitals and returning the same amount to them, with the state keeping the $133.3 million in federal funds it brings in. The final plan, agreed to by two legislative committees last week, would raise $349 million from hospitals and give them $399 million. It includes additional funding for five hospitals in higher-cost areas - Stamford, Greenwich, New Milford, Danbury and Norwalk hospitals.

Overall, the plan gives hospitals $50 million more than they pay. But hospital officials say they end up worse off, once the $83.3 million cut is factored in. Between the tax and the cut, 20 hospitals would lose money, while eight would make money, according to calculations by the Connecticut Hospital Association.

"From our perspective, this is still pretty painful," the CHA's Hostetler said.

The biggest blow would be dealt to Greenwich Hospital, which would lose $9.6 million from the tax and the cut.

"It will take a small operating gain that we had last year and plunge that into a significant deficit in the coming year," Corvino said, adding that it could put the hospital $7 million to $8 million in the red.

Other hospitals will see a benefit-or no effect at all--from the proposed tax. St. Vincent's Medical Center in Bridgeport would gain the most - $3.6 million. Two hospitals--UConn's John Dempsey Hospital and Connecticut Children's Medical Center--would not be subject to the tax.

Hostetler said hospitals losing money from the budget will "be back to doing the kinds of things they've had to do in the past." That could mean curbing services, she said, "but more often, it's delayed investments in equipment, or in technology, in staff."

That could be particularly difficult for hospitals that need to make significant capital investments, such as in electronic medical records.

"It's a scary thing when you're not quite sure what your revenue stream is going to be, particularly when Medicare reimbursement numbers are up in the air too," Hostetler said.

With the tax and cut going forward, the hospital association has been trying to get legislators and the Malloy administration to make other changes that could help hospitals. They include:

    Creating a $35 million fund to help hospitals losing the most from the budget
    Writing the tax law to raise a set amount from hospitals, rather than taxing them at a rate that could translate to more money if hospital revenues - the basis for the tax - increase
    Making the tax temporary
    Revising the hospital payment system by 2014

But Ben Barnes, secretary of the Office of Policy and Management, the governor's budget office, said he wasn't impressed by the proposals.

"I did not find that to be a compelling package," he said.

Barnes noted that the tax was restructured to leave the hospitals with more money overall. The tax on health care providers--including nursing homes and intermediate care facilities for the mentally retarded--provides an "enormous" net benefit to the state in addressing the budget deficit, he said, and the sacrifices hospitals will make are reasonable.

"I think they've overplayed their hand," he said. "I think the tax proposal that we have is pretty moderate."



Long-Term Budgeting, Obama-Style
The health-care law’s hidden features

James C. Capretta, National Review
March 7, 2011 4:00 A.M.

President Obama’s 2012 budget has rightly been lambasted as completely detached from fiscal and economic reality. Even under the budget’s own rosy assumptions, the country would accumulate $7.2 trillion in deficits over the coming decade. Under more realistic assumptions, it’s a plan for trillion-dollar deficits every year, with no end in sight. By 2021, government debt would likely approach $21 trillion under this budget, up from $5.8 trillion at the end of 2008.

This might lead one to think there is no Democratic plan for closing the fiscal gap. But actually, the president and his allies do have a plan of sorts. They just don’t want voters to know what it is. Indeed, it is their hope that they can get their plan adopted by stealth — and that voters never fully realize that the government has adopted it.

To Democrats, the solution to our budget problem has two components. First, massive and steady tax hikes, not just over the next few years but every year for the next quarter century to match the explosion in entitlement costs. Second, they want stiff government cost controls on the entire health sector, not just on public insurance programs.

For years, the only thing that stood in the way of Democrats’ securing these changes were unenlightened and intransigent Republicans. But when Democrats secured once-in-a-generation majorities in the 111th Congress, Republicans were no longer in a position to stand in their way. So Democrats took the opportunity not only to pass Obamacare — the largest entitlement expansion in two generations — but also to try to reshape the long-term budget picture according to their big-government vision.

On taxes, the Democrats were more aggressive than most realize. The Congressional Budget Office (CBO) says the total tax hike over the next ten years will exceed $800 billion — a significant sum. But that’s really just the beginning of it. The authors of Obamacare were looking for a “game-changer” that went beyond a near-term tax hike. What they really wanted was a perpetual cash machine for the government, something that would generate ever-increasing amounts of revenue over the coming decades without forcing Democratic politicians to cast any further votes in support of higher taxation.

Their solution: Go back to 1970s-style bracket creep. One of the key economic reforms of the Reagan years was to put an end to the automatic tax hikes that used to occur every year as inflation pushed households into higher tax brackets. The Reagan tax cut permanently indexed those brackets to inflation, thus forcing politicians to get their tax hikes the old-fashioned way — by voting for them.

But the Obamacare tax hikes associated with Medicare — 0.9 percent on wages and 3.8 percent on non-wage income — were sold as hitting only individuals with incomes exceeding $200,000 and couples with incomes above $250,000 annually. But those income thresholds are fixed. They will be the same in 2030 as they are in 2013, when they kick in. Consequently, as the years go by, more and more Americans will find themselves paying much higher federal taxes for Medicare — even though they are decidedly not the “rich” people the president said he was targeting.

Similarly, the so-called “Cadillac” tax on insurance plans — sold as a way to hold down costs in the most expensive arrangements — will quickly become a tax that nearly everyone in America pays. In 2018, when the tax goes into effect (conveniently after President Obama has exited the scene), insurers and employers offering plans with premiums exceeding $27,500 for family coverage will pay the tax. But in 2019 and beyond, that threshold will not grow with medical inflation. Instead, it will increase only with economy-wide consumer prices, generally a few percentage points below the inflation trend in the health sector. As the years go by, therefore, virtually all health-insurance plans will start bumping up against the “high-cost” tax threshold. Last year, the average cost of family coverage was about $13,700. If premiums rise 6 percent per year and consumers inflation just 3 percent, the average plan will exceed the “high cost” threshold by 2026.

By 2020, the total tax hike associated with Obamacare will already be bad enough — about 0.5 percent of GDP. But by 2035, because of bracket creep, it will have more than doubled — to 1.2 percent of GDP, according to CBO. And it won’t stop there. It will keep going up every year, in perpetuity.

The second part of the Democrats’ long-term budget plan is the imposition of a global budget on the U.S. health sector. For years, Democrats have wanted to give the government the power to set prices in the health sector, and not just for public insurance programs, but for private-sector health care, too. In 1994, President Clinton explicitly sought such authority as part of his health-care push, which was one key reason his effort failed.

President Obama wants to achieve the same objective, but once again has chosen to pursue it in a way that is less perceptible to voters. Obamacare established what’s known as the Independent Payment Advisory Board, or IPAB, supposedly to find cost “efficiencies” in Medicare. In truth, the IPAB’s mandate is to enforce what amounts to a cap on overall Medicare spending. The only tool at its disposal to do so is price setting for suppliers of services and products to Medicare patients. It will impose arbitrary, across-the-board payment-rate reductions to hit budget targets, which will have the predictable result of driving willing suppliers of services out of the marketplace.

As the years go by, if Obamacare is allowed to stand, tens of millions of American will become enrolled in publicly subsidized coverage. The costs to the Treasury will be steep — and will lead to calls for greater cost control. That’s when Democrats will push for the next step — to extend the IPAB’s authority beyond Medicare to the insurance plans subsidized by Obamacare. We will nearly be at the bottom of the slippery slope to a Canadian-style health system.

The Democratic plan for closing the budget gap has always centered on raising taxes and rationing care. What most people don’t yet realize is just how far Obamacare has already taken us down that road.



GOP senators force vote on health law repeal
Democrats call measure doomed
The Washington Times
By Sean Lengell
8:17 p.m., Tuesday, February 1, 2011

Senate Republicans have forced a vote on repealing the health care reform law, an action Democrats say is a waste of time that will end in defeat.  Minority Leader Mitch McConnell, Kentucky Republican, on Tuesday offered the repeal measure as an amendment to an aviation safety bill under debate. He said he has the support of all 47 Senate Republicans.

"It's no secret the American people don't like the health bill that passed last year," Mr. McConnell said. "It's not every day that you can get a second chance on a big decision after you know all the facts."

The Senate debated the measure late Tuesday and was expected to vote Wednesday.  The repeal effort was made a day after a judge in Florida ruled that Congress breached the Constitution when it enacted the measure last year. U.S. District Judge Roger Vinson was the second jurist to say that Congress exceeded its powers by requiring Americans to buy insurance, known as the "individual mandate."

But the Florida judge went further, saying that if the individual mandate is unconstitutional, so is the entire law.

Mr. McConnell said that while the court decision was significant, "we would have moved ahead in any event."

The Republican-controlled House voted last month to repeal the measure. Every Republican in the chamber voted in favor of repeal.  Senate Democratic leaders condemned the repeal effort, saying it was undermining work on passing a vital Federal Aviation Authority (FAA) bill that would update the nation's antiquated aircraft navigation system.

"It's not going to go anyplace," Majority Leader Harry Reid, Nevada Democrat, said of the repeal proposal.

Senate Majority Whip Richard J. Durbin, Illinois Democrat, also predicted the amendment would lose.

"Eighty percent of the American people oppose repeal of health care reform," he said, "and yet the Republicans in the House, and now the Republicans in the Senate, think that this is the single most important, highest priority thing for them to do.

"What they're doing is bowing to the tea party."

It's unlikely the repeal effort will be successful, but Senate Republicans also have introduced legislation that would allow states to opt out of the law's major provisions, including the individual mandate and the "employer mandate" that penalizes businesses that don't provide workers with government-approved health insurance.

"Instead of requiring states to follow Obamacare's one-size-fits-all health care policy, our bill lets states decide what works best for them," said Sen. John Barrasso, a Wyoming Republican and a medical doctor who was a sponsor of the effort.

Meanwhile, there was bipartisan support in the Senate for an effort to eliminate an unpopular part of the health care law; the so called "1099 provision" that calls for businesses to report to the Internal Revenue Service purchases of $600 or more.  After the axing of the entire health care law, Republicans have made repealing the 1099 provision among their highest priorities. Democrats agreed that the provision should be fixed and said they would vote for its repeal.

But Democrats complained that Republicans were playing politics with the FAA bill, which has been in the works for years, that would convert the nation's decades-old radar air traffic control system to a modern satellite-based system already is use throughout Europe and elsewhere.  Revamping the nation's airport navigation system would significantly improve safety and reduce airline delays, supporters of the measure say. The measure also calls for an $8 billion investment for airport planning, improvements and construction.

Senate Democrats have touted the FAA legislation as the year's first "jobs bill," saying it would create or save almost 300,000 airline-related, construction and other jobs.

"On the Senate floor this week, we're going to pick up where the president left off in his State of the Union address," said Sen. Charles E. Schumer, New York Democrat. "The FAA bill is exactly the type of investment in our future that will propel our country forward, spur growth, create jobs."

A similar FAA bill passed the Senate last year by a vote of 93-0. That legislation stalled after the House included union measures in its bill and the two chambers couldn't reconcile the versions.

© Copyright 2011 The Washington Times, LLC. Click here for reprint permission.


WOLF: Tawdry details of Obamacare
White House quietly exempts pampered politicos

By Dr. Milton R. Wolf, The Washington Times
7:21 p.m., Friday, January 28, 2011

If you would like to know what the White House really thinks of Obamacare, there's an easy way. Look past its press releases. Ignore its promises. Forget its talking points. Instead, simply witness for yourself the outrageous way the White House protects its best friends from Obamacare.

Last year, we learned that the Department of Health and Human Services (HHS) had granted 111 waivers to protect a lucky few from the onerous regulations of the new national health care overhaul. That number quickly and quietly climbed to 222, and last week we learned that the number of Obamacare privileged escapes has skyrocketed to 733.

Among the fortunate is a who's who list of unions, businesses and even several cities and four states (Massachusetts, New Jersey, Ohio and Tennessee) but none of the friends of Barack feature as prominently as the Service Employees International Union (SEIU).

How can you get your own free pass from Obamacare? Maybe you can just donate $27 million to President Obama's campaign efforts. That's what Andy Stern did as president of SEIU in 2008. He has been the most frequent guest at Mr. Obama's White House.

Backroom deals have become par for the course for proponents of Obamacare. Senators were greased with special favors, like Nebraska Democratic Sen. Ben Nelson and his Cornhusker Kickback and Louisiana Democrat Sen. Mary L. Landrieu and her Louisiana Purchase. Even the American Medical Association was brought in line under threat of losing its exclusive and lucrative medical coding contracts with the government.

Not only are the payoffs an affront to our democracy and an outright assault on our taxpayers, the timing itself of the latest release makes a mockery of this administration's transparency promises. More than 500 of the 733 waivers, we now know, were granted in December but kept conveniently under wraps until the day after the president's State of the Union address. HHS is no stranger to covering up bad news; in fact, this is becoming a disturbing pattern. Last year, Secretary Kathleen Sebelius hid from Congress until after the Obamacare vote a damning report from the Medicare and Medicaid Office of the Actuary showing Obamacare would cost $311 billion more than promised and would displace 14 million Americans from their current insurance.

For this administration, transparency promises last only until the teleprompter is unplugged.

Backroom deals and cover-ups may be business as usual for Washington, but understanding why the Obama administration protects its friends from Obamacare offers special insight into what the purveyors of the mandate themselves think about their own law. This is key: The waivers aren't meant to protect victims from unintended consequences of Obamacare; they are meant to exempt them from the very intentional increased costs of health insurance that the law causes. Under Section 2711 of the Public Health Service Act, Obamacare increases the annual cap of insurance benefits, which sounds great - as does everything else in big government - until the bill comes due, in this case, in the form of higher insurance premiums.

In short, the administration has decided that you will face increased health insurance premiums, but special friends in the unions will not. Look closely, and you'll see not only the White House's duplicity but also what the Obama administration really thinks of its crown jewel, Obamacare. White House words say that the annual insurance benefit cap is a feature of the program, but its actions say that it's a bug.

The question remains: If Obamacare is such a great law, why does the White House keep protecting its best friends from it?

Our democracy cannot allow a president to exercise the unholy power of picking and choosing winners and losers, of choosing who must follow his flawed laws and who gets a free pass. If any American deserves a waiver from Obamacare, then all Americans do.

It was Mr. Obama himself who infamously said, "We're gonna punish our enemies and we're gonna reward our friends." This president speaks anything but softly, and Obamacare is his big stick.

It's time to give every American his own waiver: Repeal Obamacare.

Dr. Milton R. Wolf is a board-certified diagnostic radiologist, medical director and cousin of President Obama. He blogs daily at miltonwolf.com.

© Copyright 2011 The Washington Times, LLC. Click here for reprint permission.


Not an ad always - sometimes on online newspaper?
Insurance industry says no to repeal of health care reform, but reticent on details
Deirdre Shesgreen, CT MIRROR
January 10, 2011

WASHINGTON--As House Republicans make their first run at the health care reform law, Democrats say the GOP is doing the bidding of big insurance.

"Why are they engaged in this effort?" asked Rep. Rosa DeLauro, D-3rd District. "Because, quite frankly, I believe it's what the insurance companies want."

It just ain't so, comes the response from Hartford, where insurance giants such as CIGNA, Aetna, and UnitedHealthcare all have major corporate offices.

"Our focus remains on implementing the law and the various provisions that just recently took effect, from extended dependent coverage to enhance preventive care and tax credits for small businesses," said Daryl Richard, a spokesman for UnitedHealthcare.

The true role of Connecticut's big insurance firms, and other industry players across the country, remains to be seen. But there's little question they have much at stake as this new twist in the debate over health reform gets underway.

The House proposal to repeal the health care law is almost certain to pass, but it will likely die in the Senate. (The House vote was originally set for this week, but it has been delayed in light of the Arizona shootings that targeted, among others, a Democratic congresswoman from that state.)

If full repeal fails, Republican opponents have promised a fresh offensive, going after the law in bits and pieces.

Health insurance interests spent millions of dollars on lobbying in 2009 to help shape the original overhaul. And they've spent millions more in 2010 trying to influence federal bureaucrats charged with writing regulations to implement the law.

It's unlikely they will sit on the sidelines now as this new skirmish gets underway. At least two insurance company CEOs--at Aetna and CIGNA--have said they don't support overturning the health care law, even if they're not thrilled with all its particulars.

"I don't think it's in our society's best interest to expend energy in repealing the law," Cigna CEO David Cordani said at a health care conference in November, shortly after the elections that swept the GOP to power in the House and trimmed Democrats' majority in the Senate. "Our country expended over a year of sweat equity around the formation of it."

Aetna President Mark Bertolini told that same audience: "We can't go back. We need to keep moving forward."

Consumer groups say it's no wonder the industry is taking this stance.

"There's a very good reason for that," said Carmen Balber, director of the Washington office for Consumer Watchdog, a liberal advocacy group that has been closely tracking health reform.

"They spent over $80 million lobbying on the bill and they got their two main goals--they killed the possibility of a public option and they got a mandate included that requires every American to buy their product," Balber said. "That mandate is a money-maker for the industry."

The requirement that nearly all individuals purchase insurance, which goes into effect in 2014, could bring some 30 million new customers to the doors of Aetna and other firms.

"That was something that they adamantly insisted was necessary to make insurance market reforms actually work," said Rep. Joe Courtney, D-2nd District.

To be sure, the mandate and the market reforms went hand-in-hand. The latter include new consumer protections that prevent insurance companies from denying coverage to patients with pre-existing conditions, that allow young adults to stay on their parents' policies until age 26, and that end lifetime caps on insurance coverage.

Among the American electorate, those are among the most popular elements of the law. The mandate is among the least popular.

"If the public had its way, the most unpopular piece of reform would be repealed and that's the mandate," said Balber. "But I certainly believe the industry would pull out all the stops to preserve that provision."

Aetna, United, and CIGNA all declined to answer specific questions related to heath reform repeal, such as what provisions they might like to see undone and what they'd like to see saved.

"We will remain compliant with the new health care law, and we will continue to advocate for a stronger focus on improving quality and affordability in the health care system," said Aetna spokesman Mohit M. Ghose.

A CIGNA spokeswoman provided some "talking points" from a recent presentation by the company's top health reform implementation executive, Tom Richards  The reform teams at Cigna "are busy at work and these efforts will only intensify as we ring in the New Year," Richards' talking points say.

The insurance industry's lobby group in Washington, America's Health Insurance Plans, was only a little bit more forthcoming.

Robert Zirkelbach, AHIP's spokesman, said the industry wants to see changes in the law "in order to minimize coverage disruptions and cost increases."

"While the new law will bring more people into the system, major provisions will raise costs and disrupt the coverage people have today," he said. "We will continue to work with members of Congress from both parties to address these issues."

The provisions AHIP sees as problematic include, for example, limits on how much more insurers can charge older patients versus younger patients and scheduled cuts to Medicare Advantage subsidies, which uses private insurers to deliver Medicare services.

AHIP and other insurance interests have also opposed strict regulations allowing review of "unreasonable" rate increases and new rules requiring insurance companies to spend at least 80 percent of their customers' premium payments on medical care, as opposed to administrative expenses or CEO salaries.

Critics say the industry would probably like to see those provisions undermined, if not nixed entirely.

"The industry won't be publicly for full repeal, but they may be working behind-the-scenes as hard as they can to weaken enforcement of some of their least favorite requirements," Balber said, citing the 80 percent requirement as one juicy target for big insurance firms.

Once the full repeal vote is over, House Republicans have vowed to go after narrow provisions in the law. They've also called for trying to block funding to enforcement and implementation of the law.

It's unclear just how the insurers will react to these more targeted strikes. Some industry critics predict they will support any effort to weaken the measure.

But industry officials say that blocking funding or implementation could cause chaos and uncertainty.

Bertolini, of Aetna, said such efforts could lead the healthcare industry to "a bad place." A stalemate with a total funding shutdown "would be problematic," he said at the November conference.

Ghose declined to elaborate on his boss's remarks.

But another industry source said that defunding implementation of health reform, while leaving the law in place, is far from ideal. For starters, health insurers have spent millions of dollars trying to shape key regulations and then complying with them.

"If we still have to abide by it, but there's no ability for federal agencies to give us clarity on how to do that, I can't imagine that being very good for us," said the source, who asked for anonymity to be more candid. "Either have the law, or get rid of it. Having a big in between" would not be good.

DeLauro acknowledged the industry's perspective might be more "complicated" that a full-throated push for repeal. But she said she still believes the GOP is driven in large part by the industry's wishes. And she said she thinks that means overturning major protections for consumers.

Insurance companies "want to make it as difficult as possible to move forward" with the law, said DeLauro.


Spending Taxpayers' Money to Promote Obama's Agenda
Buying ads to promote Obamacare on Google, Yahoo!, and Bing.
Weekly Standard
Jeffrey H. Anderson
January 6, 2011 8:00 AM

As I reported on Monday, the Obama administration is paying taxpayer money to Google, Yahoo!, and Bing so that, when Americans search for "Obamacare" (and a whole host of other entries, the first listing that comes up (or the first listing after "Stories" on Yahoo!) is the administration's own health care web site, www.healthcare.gov -- which gushes about the "merits" of the highly unpopular health care "reform."

On Tuesday, I reported that the ad appeared to have been pulled off of Google, but it turns out, according to an HHS official -- via Politico's Ben Smith -- that the ad's maximum daily allotment of (your) money had merely been hit. The paid listing is back up today, and now appears again on all three search engines (although it doesn't always come up on all computers, at least for Google), and the administration apparently has no plans to stop using taxpayer money to promote Obamacare in this manner any time soon.

This is both shocking (in a general sense) and par for the course (for this administration).  After all, the Obama administration is brazen enough to use taxpayers' money to run TV commercials to try to convince seniors that looting money from Medicare and spending it on Obamacare deserves their support because it will "strengthen" Medicare. Actually, the ads aren't even as genuine as that; rather, they try to make it sound like Obamacare is funneling more money into Medicare instead of siphoning it out.

In truth, according to the Congressional Budget Office, to help finance more than $2 trillion in new federal spending in its real first decade (2014 to 2023), Obamacare would cut Medicare spending by almost $1 trillion.  About a quarter of those cuts would be to the popular Medicare Advantage program, and most of the other three-quarters would be cuts in payments to Medicare providers -- which would plainly jeopardize Medicare beneficiaries' access to care.

There is a simple principle here that the Obama administration seems unable to grasp: Don’t spend taxpayers’ money to promote your own political agenda. Of course, members of this administration generally prefer not to think in terms of a stark separation between your money and their money, or between public information ("Medicare enrollment begins on November 15th") and politicized speech ("Look at these great new benefits you'll get under the health-reform law!").  A basic tenet of this administration is that such distinctions are bygones of another age -- of an age of limited, constitutional government.

Both the TV and search-engine ads might not be legal and are certainly not justifiable. But, then, this is an administration that empowers "czars" to skirt the Senate confirmation process; that relies on recess appointments to further skirt that process; that vests truly massive amounts of de facto lawmaking power in the hands of unelected officials; and that picks judges who it believes will also act as de facto lawmakers.  Firm and unquestionable adherence to legal forms, the separation of powers, and the distinction between public and private, is not this administration's forte.


House Republicans eye quick repeal of healthcare law
YAHOO
3 January 2011

WASHINGTON (Reuters) – Republicans in the House of Representatives plan to hold a vote in January to repeal President Barack Obama's healthcare overhaul and say they have nearly enough support to override a presidential veto of the repeal, a top lawmaker said on Sunday.

"Unpopularity numbers are as high as 60 percent across the country," Fred Upton, the incoming chairman of the House Energy and Commerce Committee, said of the healthcare law.

"I don't think we're going to be that far off from having the votes to actually override a veto," Upton said on "Fox News Sunday."

Democrats contend Republicans are wasting Congress' time by staging a healthcare repeal vote, saying it will die in the Democratic-controlled Senate.

But Upton said a big House vote for repeal could sway votes in the Senate "to perhaps do the same thing. But then, after that, we're going to go after this bill piece by piece," he said, by trying to block various parts of the law including an individual mandate for insurance coverage.

"We will look at these individual pieces to see if we can't have the thing crumble," Upton said.

But Representative Debbie Wasserman Schultz, a Democrat, said on CBS' "Face the Nation" people are learning more about benefits of the healthcare law, diminishing chances it will be defeated.

"A constituent in my district came up to me a few weeks ago and thanked me for saving her $3,000 a year because she could put her two adult children back on her insurance. That's what the Republicans are going to be proposing to repeal this week. It's not going to happen," she said.

"I think you're going to see the fight on Obamacare across the board in the House and the Senate to try to defund the Obamacare bill and to start over," Republican Senator Lindsey Graham said on NBC's "Meet the Press."

Graham said he would work "to allow states to opt out of the individual mandate, employer mandate and expansion of Medicaid."



Cuomo: Time to play Dr. No
NYPOST
By MICHAEL F. CANNON
Last Updated: 4:21 AM, January 2, 2011
Posted: 10:45 PM, January 1, 2011

Gov. Cuomo enters office this week with the state’s budget in shambles — thanks in large part to Medicaid.

The economy, the feds and Cuomo’s predecessor have left him an unexpected current-year deficit of $315 million. The state Division of the Budget projects that gap will increase to $9 billion next fiscal year and $17 billion two years hence.  Yet the real driving force behind this fiscal mess is the state’s $48 billion Medicaid program — the most expensive in the nation.

Medicaid is now “the single largest portion of total state spending,” accounting for 22% of state budgets, according to the National Association of State Budget Officers. But the math is particularly frightening for New York. Medicaid consumes a whopping 28% of Albany’s budget. Medicaid spending is growing at 14% a year in New York, compared to 8% nationwide.

When measured on a per-enrollee basis, New York’s Medicaid program is the second-most expensive in the nation behind Rhode Island, according to the Kaiser Family Foundation.  Medicaid spending even defies projections. An unanticipated bump in Medicaid spending this year is what threw the state budget out of balance, and it will continue to add more than $800 million to future years’ deficits.  When you consider what taxpayers are getting in return for their $48 billion, things get even uglier.

Medicaid reeks of waste, fraud and abuse. In 2003, one New York dentist fraudulently billed Medicaid for as many as 991 procedures in a single day. A former New York City fraud investigator has estimated that fraud and abuse account for as much as 40% of Medicaid spending in New York — an amount that dwarfs all future budget gaps combined.  ObamaCare makes this unmanageable program even worse. The health-care bill’s Medicaid mandate forces states to expand eligibility, to enroll more people who were already eligible, and gives states less flexibility to eliminate abuse.

Should Gov. Cuomo fail to comply, New York will lose more than $26 billion in federal funds.

Medicaid’s soaring costs are leading more states than ever to ration care to patients. Arizona’s GOP governor and legislature voted to nix organ transplants for certain enrollees. Call it a Republican death panel. ObamaCare will spur even more government rationing.  Medicaid is bleeding taxpayers and wrecking New York’s health-care sector. But Gov. Cuomo can’t fix Medicaid by himself. He needs the help of Congress.

There is a solution: block grants, where Congress gives each state a lump sum of money and the flexibility to run their Medicaid programs according to their state’s unique needs.  The federal government currently funds Medicaid by matching each dollar a state spends. So New York can double its money by spending an additional dollar on Medicaid. It sounds like a bargain. It’s actually a scam.  When every state uses Medicaid to raid the federal treasury — or more accurately, taxpayers in other states — you get . . . well, you get the fiscal mess we’re in nationwide.

Medicaid’s “matching grants” mean that when states eliminate waste, fraud and abuse, they only get to keep (at most) half the savings. So they don’t try even half as hard as they should.  Matching grants have turned Albany into a giant health-insurance company with side interests in education, police and roads.

Block grants will be unpopular with all the usual suspects: state officials who make their careers on robbing out-of-state taxpayers; health-care providers who make their careers on an open-ended federal entitlement; federal bureaucrats; the innumerable Medicaid fraudsters who bilk taxpayers out of billions every year; and ideologues who see government-run health care as the highest form of compassion.

Congress should do it anyway.

Block grants are how President Bill Clinton and a Republican Congress reformed welfare back in 1996, to spectacular success. Welfare reform forced New York to be smarter about welfare spending, just as a block grant would force New York to rededicate Medicaid to its original mission — providing necessary medical care to the truly needy.

There’s one place Gov. Cuomo can start on his own: Close the loopholes that allow well-to-do New Yorkers to feign poverty on paper so that Medicaid underwrites their long-term care. Medicaid exists for the poor, not to help well-off baby boomers protect their inheritance.  Steve Moses of the non-partisan Center for Long-Term Care Reform recommends that Cuomo take steps to ensure that New Yorkers with means pay for their own long-term care. These include reducing New York’s home-equity exemption from $750,000 to $500,000 (and seeking a federal waiver to reduce it to $0), expanding the use of liens and estate recovery and ending the abusive practice of “spousal refusal.”

Reducing Medicaid abuse won’t be easy. But Cuomo doesn’t have much choice.  In fact, what he has is an opportunity to become the leading national spokesperson for block grants, the quickest and easiest course to relief for states toiling under the unsustainable yoke of Medicaid spending.

Michael F. Cannon is director of health policy studies at the Cato Institute and co-author of “Healthy Competition: What’s Holding Back Health Care and How to Free It.”



The smallest victims of ObamaCare
NYPOST
By MICHELLE MALKIN
Last Updated: 12:21 AM, December 1, 2010
Posted: 11:16 PM, November 30, 2010

For the last two years, President Obama has promised our children universal health care for all. But the White House entitlement mandates are a predictable bust. Take it from ObamaCare's own biggest cheerleaders.

Late last month, the Service Employees International Union informed dues-paying members of its behemoth 1199 affiliate in New York that it was dropping its health-care coverage for children. That's right. A radical leftist union, not an evil Republican corporation, is abandoning the young 'uns to cut costs. More than 30,000 low-wage families will be affected, according to The Wall Street Journal.

Who's to blame? SEIU 1199 benefits manager Mitra Behroozi singled out oppressive new state and federal regulations, including the much-ballyhooed ObamaCare rule forcing insurers to cover dependents well into their 20s:

"New federal health-care reform legislation requires plans with dependent coverage to expand that coverage up to age 26," Behroozi explained in an Oct. 22 letter to members. "Our limited resources are already stretched as far as possible, and meeting this new requirement would be financially impossible."

In a related development, over the last several months several insurers across California, Colorado, Ohio and Missouri have dropped child-only plans because of ObamaCare-induced premium increases. Untold tens of thousands of families will be affected.

This was a wholly man-caused disaster. To manufacture support for ObamaCare, desperate Democrats pandered to the college set and their parents. Former SEIU chief Andy Stern touted the kiddie-insurance mandate, telling The Washington Post early this year that the lobbying campaign would be "helped by which parts of the bill go into effect immediately. It's hard to talk about things that'll happen in 2019. But if you can say to people that if your kid is 26 years old, you can keep him on your insurance plan? . . . They get that."

Some 20 states had already passed legislation requiring insurers to cover adult children before the federal rule was imposed. Citing results in New Jersey, Wisconsin and elsewhere, many critics pointed to how such top-down benefits mandates were driving up the cost of insurance and limiting access instead of expanding it. In response, top SEIU thug Dennis Rivera accused ObamaCare foes of "terrorist tactics."

Now, confronted with the thorny allocation of scarce resources, money managers at the SEIU are dropping thousands of kids' health coverage because they, too, can't afford to foot the bill.

The SEIU pumped tens of millions of dollars in union funds directly into the campaign for ObamaCare. Workers regurgitated White House talking points hyping increased access, lower premiums and peace of mind for the working class. SEIU 1199 was at the forefront of those DC-directed "reform" rallies.

Yes, the union road to hell is paved with workers' own hard-earned dues money.

How far we've come from President Obama's speech to college students at George Mason University in March. To wild applause, he pledged: "If you buy a new plan, there won't be lifetime or restrictive annual limits on the amount of care you receive from your insurance companies. And by the way, to all the young people here today, starting this year if you don't have insurance, all new plans will allow you to stay on your parents' plan until you are 26 years old."

More than 111 unions (including two SEIU affiliates), companies and insurers have now secured federal waivers to escape the first provision Obama mentioned to the George Mason University students. And more financially strapped union affiliates will undoubtedly be canceling children's coverage to escape the costs tied to Obama's second vow.

For the kiddie human shields who helped the Democrats dig their own ditch, reality bites. Live and learn.




Advocate

DCF commissioner appointment a 'high priority'
Jacqueline Rabe, CT MIRROR
November 22, 2010

For two decades, the state has failed to meet the mandates of a federal court order to improve the way it cares for children in its custody, making Gov.-elect Dan Malloy's choice to head the Department of Children and Families a closely-watched decision.

"He has to get this right," said Martha Stone, one of the lawyers behind the class-action lawsuit that led to federal oversight of DCF. "Enough is enough. Let's finally fix this."

"This appointment is a very high-priority,' said Malloy's chief of staff and transition team leader, Timothy F. Bannon. "Now that the focus is no longer on filling the [budget director] job, we have shifted to this."

The latest quarterly report by the court-appointed monitor overseeing DCF cites both the state's continued lack of foster homes and the lack of medical and mental health treatment for too many of the 4,000 children in DCF care. Overall, DCF adequately met the needs of children in just over half the cases reviewed, the report said

"You can't change things overnight, but it shouldn't take 20 years to fix things... Many children still aren't getting the care they deserve," said Stone, who still represents plaintiffs in the lawsuit. Among the problems resulting from the lack of foster homes, she said, are the 300 children living in out-of-state facilities at any given time and infants living in large group settings.

"When Malloy chooses who will run DCF, hopefully they will be able to make progress pretty quickly," she said.

Malloy has said the problems at DCF stem from the lack of leadership and the state's inability to recruit and retain enough foster care parents.

"We just about need to change everything we've been doing... We have to change directions," Malloy said during the campaign after a federal judge rejected Gov. M. Jodi Rell's request to relieve DCF of federal supervision. Malloy said he agreed with U.S. District Court Judge Christopher F. Droney's ruling.

Three Connecticut governors have failed so far to reform the state's child welfare agency enough to end federal supervision. Now it's up to Malloy and whomever he appoints as the next commissioner to reshape the $865 million bureaucracy.

Bannon said they have begun reaching out to potential candidates to replace current-commissioner Susan Hamilton, who announced the day before Malloy was elected she would resign at the beginning of the year.

"We have been focused on top-tier appointees who just haven't come out of the process in the past. They have been unsuccessful," Bannon said. "We are going to solve the problems at the root of that consent decree."

Stone said the constant turnover of leadership in DCF has been part of the problem.

"It's a revolving door," Stone said, noting that no DCF commissioner has lasted more than 3 years since federal oversight began. "We need real leadership."

The state's child advocate, Jeanne Milstein, is confident Malloy understands what needs to be done.

"He clearly understand the need for a new leadership team at DCF," she said.



Malloy faces first test of his relationship with labor
Keith M. Phaneuf, CT MIRROR
November 19, 2010

Gov.-elect Dan Malloy's relationship with the labor unions who helped him win on Election Day is facing its first test this week as Connecticut's largest health care workers union called on him to halt a controversial privatization policy.

New England Health Care Employees Union, District 1199, which has been balling  with Gov. M. Jodi Rell for several years over ongoing efforts to privatize group homes and other services for clients with developmental disabilities, rallied in Meriden on Thursday to oppose planned closures of four more homes.

The Department of Developmental Services, formerly known as the Department of Mental Retardation, converted 17 group homes to private control and closed another five over the past two years, according to union records. The majority of clients in state-run homes that are closed are transferred to private facilities.

But the latest closures planned by DDS, involving homes in Hamden, Meriden, Mansfield and Windsor would be phased in between December and March 1, giving Malloy - who takes office on Jan. 5 - an opportunity to block the process.

"It's a bottom-line driven decision, and one that hurts the clients and the workers," District 1199 spokeswoman Deborah Chernoff said Friday.

The closures of these state-run homes disrupt close relationships that developmentally disabled clients share, both with each and with the workers who care for them, Chernoff said. "Consistency of routine is extremely important to allow people to function at their best. ... They are breaking up their relationships with their caregivers and with each other."

Both Rell and her predecessor, John G. Rowland, relied increasingly on the private sector to deliver social services at a greatly reduced price. This fiscal year's $19.01 billion budget includes about $1.3 billion to fund contracts with private, nonprofit agencies that not only provide support services for the developmentally disabled, but also counseling for abused children and the mentally ill, substance abuse treatment for drug addicts, and job training and other programs for prison inmates.

DDS released a written statement Friday that said "Throughout the planning process, careful and thoughtful consideration was given in an effort to maintain quality of services for our consumers and their families.  Consumers will have the opportunity to move to alternate residential programs that will meet their identified level of need.  Guardians will be involved in the selection of new residential services and all phases of transition."

But for nearly a decade the private, nonprofit social service sector has complained that little or no growth in state funding has left hundreds of community-based agencies in tough financial straits. According to both the Connecticut Association of Nonprofits and the Connecticut Community Providers Association, the state's two largest parent groups for nonprofits, average social worker pay in the private sector is roughly half that of comparable state employees, and many community-based agencies struggle with annual turnover rates of close to 25 percent.

More than 2,400 developmentally disabled residents are on a state waiting list for residential placement, including 863 on a "Priority 1" list. Most clients in that group are disabled adults living at home whose parents are getting to old to care for them.

Chernoff said District 1199, which represents 20,000 health care workers statewide - including 8,500 state employees - would reach out to Malloy's transition team this month.

"We all know what it means when we have fewer state homes," she said. "There are going to be more people who end up having to go to the private sector.

House Speaker Christopher G. Donovan, D-Meriden, who attended Thursday's rally, said he also hopes to speak with Malloy in the next week or two to discuss ending the trend toward privatization.

The governor-elect, who had criticized some DDS privatization measures this past spring, said Friday that his transition staff would listen to concerns raised by unions or legislators, and that "I would not be doing this (latest closure plan) based on the information I currently have here."

But Malloy was quick to add that the budget deficit he faces, which was daunting before the election, hasn't gotten any better since then.

In fact, both the Rell administration and the legislature's Office of Fiscal Analysis recently worsened their deficit forecasts for the fiscal year that begins July 1.

The administration estimated the deficit this week at $3.37 billion, with no shortfall in the current budget.

Legislative analysts see things slightly worse, projecting a $3.67 billion hole next fiscal year and an $83 million deficit for the current year.

Malloy added that his assessment of privatization proposals would look at much more than just the dollars involved, noting that many of the clients served in state-run facilities have the most severe medical challenges--in some cases, challenges that the private sector doesn't want to tackle.

"Sometimes these aren't apples-to-apples" comparisons, he said.

Malloy spent much of the final weeks of the campaign rebutting attacks from his Republican opponent, Tom Foley, that he had made a secret pact to accommodate labor from spending cuts in exchange for their support.

But Farmington lawyer John F. Droney, a former Democratic state chairman, said that while he wouldn't predict how Malloy would resolve this particular privatization dispute, he was confident the governor-elect would call upon public-sector unions to make fiscal sacrifices to help close the deficit.

"I think Dan is a problem-solver," Droney said. "I think he is going to be saying 'no'--a lot."


State deficit an obstacle to health care overhaul
Victoria Colliver, San Fransisco Chronicle Staff Writer
Saturday, November 13, 2010

While California remains committed to moving forward with the federal health law, Sacramento may prove to be a bigger obstacle to the overhaul effort than the politics of Washington.

In last week's midterm elections, California voters picked mostly Democratic leaders supportive of President Obama's health care overhaul, bucking the anti-health-change trend that helped score gains for the GOP elsewhere in the country. But the state's budget problems could prove challenging for the new law.

"For California, the problem is not going to be the United States Congress. The problem is going to be the California budget," said Peter Harbage, a Democratic health policy consultant. "A lot of the changes (in the federal health law) help improve California, but they don't necessarily help improve the state budget."

California's nonpartisan budget analyst on Wednesday estimated the state's budget deficit had grown to $25.4 billion, or more than a fifth of the general fund.

The state's health programs for the poor have been and will continue to be targeted for cuts. More resources will be needed in the future to meet the requirements of the new health law.

"The state budget is an issue that affects everything - when you're working four-day weeks and you're down staff because you have a hiring freeze, it's hard to work your way through something new," said Alan Weil, executive director of the nonpartisan National Academy for State Health Policy. He said the costs may be small in the short run, but will increase over time.

California has already been at the forefront in implementing the new law. It became the first state to pass laws to set up a health care exchange, the centerpiece of the federal legislation. These are the marketplaces where, beginning in 2014, consumers can go to buy coverage.

The federal government last week granted California a $10 billion Medicaid waiver, which will allow the state to expand Medi-Cal to cover people who make too much money or don't meet the other qualifications for the federal-state program. Expanding Medicaid and funneling additional funds to safety-net health services is a key element of the federal health law.
Repeal unlikely

Considering Democrats remain in control of the Senate and the president has veto authority, Democrats and other observers believe the chances of Republicans overturning the law to be slim to none.

But if momentum slows in Washington, that could reverberate in California. And even with the promised influx of federal funds to pay for the expanded Medicaid health insurance program for the poor and other elements of the reforms, states still need to have the staff, programs and resources to make the changes happen.

Daniel Zingale, former health policy adviser to Gov. Arnold Schwarzenegger and now a senior vice president for the California Endowment, said California could influence the debate in Washington by showing the country the law can be implemented successfully.

"I'm a big believer in California not waiting for Washington," Zingale said. "They're going to continue arguing back there, but we know California has a history of standing outside Washington infighting and moving forward. I think this is one of those moments."
States have leeway

States have a fair amount of leeway when it comes to the new law. Governors and legislatures will influence how and how quickly the federal law is implemented.

"California certainly is the first to pass enabling legislation to get started in setting up the exchanges, but a lot of other states will be dragging their feet," said Grace-Marie Turner, president of the conservative Galen Institute.

Turner supports giving states more flexibility in how they set up exchanges and backing away from some of the more unpopular provisions of the law, such as IRS reporting requirements that small businesses find onerous.

"There's a big effort right now at damage control," she said. "Let's just not let any more bad things happen as a result of this legislation."




Analysts: SustiNet would cost the state hundreds of millions per year
Arielle Levin Becker, CT MIRROR
April 4, 2011

The proposed state-run SustiNet health insurance plan could cost the state hundreds of millions of dollars a year, according to the legislature's nonpartisan Office of Fiscal Analysis.

The analysis, released Monday night, offers the first nonpartisan projection of how SustiNet could affect the state's finances. Although it does not provide a total dollar figure, the analysis cites a variety of potential added costs from the proposal, which calls for reorganizing existing state-funded health plans and selling state-run insurance to municipalities, small businesses, nonprofits and, eventually, anyone in the state who wants it.

Previous assertions about what SustiNet would cost have offered competing pictures. Supporters have cited estimates that the state could save more than $224 million a year with SustiNet, although most of the projected savings were the result of funding from the federal health reform law and could be achieved with or without SustiNet. Opponents have argued that SustiNet would likely increase state spending.

According to the analysis released Monday, the largest new cost to the state--between $222.8 million and $478.6 million a year--would come from offering coverage to low-income adults who earn slightly too much money to qualify for Medicaid.

Consultants to the board that developed the SustiNet plan projected that covering those adults would save the state millions of dollars, because the state would receive federal funding for it. The Office of Fiscal Analysis, or OFA, projected that the cost of offering coverage would exceed the federal funds the state would likely receive.

The SustiNet proposal has passed three legislative committees but must still receive approval from at least three more. It has drawn passionate support from many people who want a public insurance option for the state and say SustiNet will make health coverage more affordable, and passionate opposition from business groups and insurers who say it is too costly and sends a bad message to the state's health insurance industry. Gov. Dannel P. Malloy has said he shares many of the goals of the proposal, but has expressed concern about several parts of it, including the potential cost.

"I believe in the goals of SustiNet," he said Monday at a town-hall meeting in Norwalk. "I don't believe in the vehicle as it's currently designed."

SustiNet backers late Monday issued statements questioning the OFA analysis...full story here.


Malloy administration moving HUSKY out of managed care
Arielle Levin Becker and Keith M. Phaneuf, CT MIRROR
February 8, 2011

The Malloy administration announced plans Tuesday to move the HUSKY and Charter Oak health programs out of managed care and increase care coordination in the state's other Medicaid programs, an effort officials said would save money while giving the state more control over health programs that serve more than 500,000 people.

The administration also plans to expand the Money Follows the Person program, which is aimed at getting seniors and adults with disabilities out of institutions and enabling them to live at home or in community-based housing. Under the plan, the program could serve as many as 5,200 people by 2016--nearly a quarter of the people currently receiving Medicaid coverage for nursing home care.

Lieutenant Governor Nancy Wyman and budget director Benjamin Barnes said the changes could save "tens of millions" of dollars a year in the $4 billion Medicaid program and would best position the state for the implementation of federal health care reform.

"We will be able to get more funding from the federal government and deliver a better service and save money for the people in the state," Wyman said during a press conference.

The plans delighted patient advocates who have long been critical of using managed care to administer the HUSKY program, which serves more than 400,000 mostly low-income children and their parents.

"This is huge, and we could save a lot of money," said Ellen Andrews, executive director of the Connecticut Health Policy Project and a member of the Medicaid oversight council. "This has all been tried in other states. It's working in other states."

In the current system, the state pays three managed care companies set fees for each HUSKY and Charter Oak member every month, and the companies use the money to pay medical claims. Critics say it gives the managed care companies an incentive to deny care since they get to keep the money not spent on medical costs.

Under the plan announced Tuesday, HUSKY and Charter Oak will be moved into a self-insured system in which the state, rather than the managed care companies, pays medical claims. The state would pay one or more companies, known as administrative service organizations, a smaller fee to administer the programs.

Barnes noted that the state currently pays managed care companies to assume the financial risk for medical claims, even though the risk is not significant because of how large the insurance pool is.

"We're no longer going to pay somebody to take on risk which we think we can absorb ourselves at no cost," he said.

Coordinating Care

Although the company administering the programs in the new model would not have a direct financial incentive to contain costs, Barnes said the state's request for proposals--expected to be issued next month--will call for significant care management, which would likely save money. The administration is also looking into providing incentive payments if the administrative service organization hits savings and patient wellness targets.

Barnes said the new model will also make the state better able implement delivery system changes such as medical homes, which are aimed at better coordinating patient care. The state expects to aggressively expand the use of medical homes, he said, including through the primary care case management program.

Care coordination will also apply to two Medicaid-covered groups that have not had it in the past. More than 60,000 people are covered by a program for aged, blind and disabled residents, and close to 59,000 people are covered by a new Medicaid program for low-income adults. Both are now paid for on a fee-for-service basis, and that will not change. But Barnes said they will gain access to care coordination, which could include call centers for people to get information on medical care issues.

This is not the first call to change the way state Medicaid programs are administered. Former Gov. M. Jodi Rell proposed moving HUSKY out of managed care in her last budget, and legislators passed a law authorizing, but not requiring, the state Department of Social Services to do so. The department has not, and department leaders have raised concerns about the proposed model.

The Malloy administration does not need legislative approval to move forward with the changes, Barnes said. The new system is expected to begin Jan. 1, 2012.

Aetna, one of the three HUSKY managed care companies, issued a statement expressing interest in the details of the request for proposals. "Until we see those details, it is difficult to say for sure, but we would anticipate responding to it. In the meantime, we remain dedicated to serving the needs of the 105,000 people served by Aetna Better Health in the HUSKY A & B and Charter Oak programs," the statement said.

A second managed care organization, United Healthcare's AmeriChoice, issued a written statement indicating the company and the state "share the common goal of ensuring that members continue to have access to quality health care services and benefits. We are eager to discuss with the state their proposed changes to the administration of health care services for the Connecticut Medicaid programs."

Under another change announced Tuesday, children would be presumed eligible for the HUSKY B program--which covers children whose family incomes are too high for Medicaid--based on the family's declaration of income, allowing children to be covered sooner. The federal government has been promoting the concept, and the state is expected to receive between $1 million and $4 million in federal bonus funds, which Barnes said would exceed any potential cost of the change.

More Home Care

The plan to expand alternatives to nursing home care could garner strong support in the legislature, where increasing numbers of lawmakers from both parties, as well as Connecticut's business community, have called for tighter controls on an expense that is expected to grow dramatically in the coming decades.

A coalition of business and economic development groups issued a report last March projecting that the state will face nearly $3.4 billion in increased annual costs for long-term care between now and 2025. But if the state could have 75 percent of Medicaid long-term care delivered in non-institutional settings--a dramatic shift--it could knock more than $900 million of the costs each year, the report projected.

Roughly 40,000 patients received long-term care coverage through Medicaid last year. Less than half--about 18,700--received care in nursing homes, but the cost of their care accounted for $1.2 billion, or 30 percent of the state's overall Medicaid budget.

And the over-65 population of the state is set to jump by 40 percent over the next decade-and-a-half.

The Malloy administration's goal of moving 5,200 people out of nursing homes by 2016 likely would push Connecticut's share of long-term care patients outside of nursing homes beyond the 60 percent mark.

The Connecticut Association of Health Care Facilities, the state's largest nursing home coalition, pledged to work with the Malloy administration, but warned against undervaluing the role they play.

"Aggressive rebalancing under these circumstances if not done correctly may jeopardize quality health care for seniors," said Matthew V. Barrett, the association's executive vice president. "Certainly a strong and vibrant nursing home options will remain critically important in the continuum of long term in the future. We are very much talking about different level of care needs--home care is intermittent care, whereas nursing homes provide 24/7 personal and nursing care."

Connecticut should also be fully exploring new federal options to assist nursing homes, Barrett added, including the so-called "bed buy-back" programs that provide financial incentives for homes to limit the supply of beds.

Connecticut's nursing home industry is suing state government, charging that it has under-funded long-term care in violation of federal Medicaid standards.

State government hasn't increased general rates for nursing homes since 2007, and the current budget made to changes that cost homes $166 million this fiscal year: the cancellation of a scheduled rate adjustment and an accounting maneuver designed to push a portion of the June monthly rate payment into 2011-12.

Barnes said the state is working with the federal government to ease the transition for the nursing home industry. Wyman spoke of helping nursing homes become rehabilitation centers, which could help people move from hospitals to their homes.

AARP State Director Brenda Kelley praised Malloy for expanding Money Follows the Person, and said the state has lagged behind the rest of the country on shifting long-term care dollars to non-institutional care.

"The Governor's announcement today begins to change that," Kelley, a member of the state's Long-Term Care Advisory Council and the Money Follows the Person Steering Committee, said in a statement. "His proposal not only recognizes and reinforces the success of the Money Follows the Person, but lays out a bold vision that over time will save the state money, while providing thousands of older residents with what they want - the ability to live independently in their homes and communities as they age."

Federal health reform adds a new wrinkle to mandate debate
Arielle Levin Becker, CT MIRROR
February 7, 2011

Opponents of state mandates on what health insurance plans must cover have a new argument, and it comes from federal health reform.

Under the law, the federal government will define a set of "essential benefits" that must be included in health plans sold in the exchange, the marketplace for private insurance that will open by 2014. States that mandate benefits beyond what the federal government deems "essential" will have to pay the cost of covering those benefits if they are required for plans sold in the exchange.

The federal government has yet to define what essential benefits are, but the provision has added a new wrinkle to a longstanding debate about adding services to the list of benefits that state-regulated health plans must cover.

The Connecticut Insurance Department has urged lawmakers to consider the potential state cost as they contemplate creating new mandates. "In simple terms, all mandated coverage beyond the required essential benefits...will be at the State's expense," said the department in testimony on a bill that would require insurers to cover breast ultrasound screenings. The department did not otherwise take a position on the proposal.

The Connecticut Association of Health Plans also has cited the federal requirement in testimony opposing bills that would require coverage of breast ultrasound screenings, breast MRIs, and breast thermography.

"What we've tried to do is tune people into the fact that the analysis needs to be done under a new paradigm," said Keith Stover, a lobbyist who represents the association.

But acting state Healthcare Advocate Victoria Veltri said the federal law should not be used to stop proposed legislation that could benefit a larger group of consumers.

"The exchange is only one portion of the insurance that's going to be offered to people in the state of Connecticut," Veltri said. "The vast majority of people are still going to be enrolled in commercial plans."

It's too soon to know how many people will buy coverage through the exchange. One estimate, cited in a state application for a federal exchange planning grant, projected that 120,000 uninsured state residents would be eligible for federal subsidies to buy coverage in the exchange. Individuals and small businesses that already buy their own coverage could also buy insurance through the exchange.

Lawmakers should consider the potential future cost when contemplating new mandates, Veltri said. But she said the issue should be "framed accurately," with an acknowledgment that most state residents will still be enrolled in the commercial market.

State Sen. Joseph J. Crisco, Jr., D-Woodbridge, co-chairman of the Insurance and Real Estate Committee, said he would prefer to pass legislation that benefits people now and, if it conflicts with federal law later on, repeal it or make other changes then.

If legislators avoid requiring insurers to cover benefits because of changes that will take effect in the future, Crisco said, people will lose out on protection in the interim. "I can't consciously support that," he said.

Health benefit mandates are a reliable source of debate each year as lawmakers consider new services to require in state-regulated insurance plans.

Crisco, who has proposed several of them, prefers the term "prevention" to "mandate."

"In the long run, you not only save people's lives, but you reduce insurance costs," he said.

But opponents say mandated benefits make insurance too costly, hurting individuals who buy coverage and businesses that want to offer it to their workers. The mandates apply to about 40 percent of state residents, typically those who work for smaller businesses or purchase coverage individually. Larger companies are generally self-insured--meaning they pay their own medical claims--and those plans are not subject to state regulations.

Health insurance mandates became a source of controversy during last year's gubernatorial campaign when Republican nominee Tom Foley proposed allowing businesses that don't cover workers or spend too much on health insurance to offer their workers "bare bones" plans that would be exempt from state benefit mandates. His opponent, now-Gov. Dannel P. Malloy, criticized Foley for the proposal, and his campaign ran an advertisement saying Foley's plan would allow insurers to deny services.

So how much do the mandates add to insurance costs?

The benefit mandates in effect at the start of 2009 account for about 22 percent of the premium costs of group insurance coverage and about 18 percent of premiums for individual coverage, according to a report prepared for the insurance department by researchers at the University of Connecticut Center for Public Health and Health Policy.

But the authors noted that the figures likely overstate the cost. Some of the costliest mandates, including coverage for cancer, diabetes and mammography, "are considered part of the basic package of essential benefits covered by health insurance and thus not easily removed," they wrote.

And many of the benefits the state mandates are covered by self-insured plans, even though they are not subject to state requirements. A survey of insurance carriers found that 13 state mandates are covered in 90 percent of self-insured plans, and 26 of the mandates are covered by three-quarters of self-insured plans, according to the researchers, although they cautioned that the results were not complete.

The overall cost of mandates amounts to $78.92 per month in group plans and $48.74 in individual plans, which are subject to fewer mandates.

The costliest mandated benefit, a broad-based requirement for coverage of cancer, tumors and leukemia, adds an estimated $13.20 to the monthly per-member premium in group insurance plans. The report said some minor parts of the mandate could possibly be removed, such as a requirement that insurers pay up to $300 for a wig after chemotherapy, although the authors added that it represents a minimal cost within the mandate.

The next most-costly mandates include diagnosis and treatment of mental conditions, which accounted for $10.20 in monthly premium costs, and diabetes testing and treatment, costing $5.52. Coverage of newborn infants added $5.95 per month, and a requirement that health plans cover the most effective psychotropic drugs added $9, although the authors said it was likely overstated because insurers reported the cost of all psychotropic drugs.

The 18 lowest-cost mandates accounted for less than 0.1 percent of the total medical cost for group plans. In many cases, that's because they require coverage of services used by very few people, such as neurological testing for children undergoing chemotherapy--found to add no cost to group insurance plans--and orthodontic treatment for children born with cranio-facial disorders, which adds 2 cents to the monthly cost of group plans. Other mandates require coverage for services that are more commonly used but which carry relatively little cost, adding only a small amount to the overall cost of coverage.

A high-profile mandate that took effect in 2009, coverage for autism spectrum disorder therapies, was projected to add 4 cents to members' monthly premiums.

Some state mandates will almost certainly be required in all plans--including self-insured ones--under the health reform law, according to the study authors, including coverage for newborns ($5.95 a month for group plans). The federal law already requires health plans not considered "grandfathered" to fully cover preventive care. The study authors said that would appear to encompass several state mandates, including screening for blood lead, colorectal cancer ($4.08), prostate cancer (23 cents) and breast cancer ($3.05), as well as some parts of the state's birth-to-three program.

Stover said the effect of mandates should be taken cumulatively. Individual mandates might only add a few cents to an insurance rate, he said. "Then when you look across the field across dozens of mandates, all of a sudden it's real money."

New federal insurance not luring residents with pre-existing conditions
Temporary bridge to health care reform has less to offer in Connecticut than Charter Oak policy
By Judy Benson Day Staff Writer
Article published Jan 19, 2011

Few Connecticut residents with diabetes, heart disease, asthma and other chronic conditions have signed up for the new federal insurance program that became available in August.
This is because the state's Charter Oak Health Plan is more attractive - less costly and less restrictive - to those seeking insurance.

"Connecticut is in a different position than many other states," said David Dearborn, spokesman for the state Department of Social Services, which administers the Charter Oak plan.

Republican lawmakers in Washington this week have launched an attempt to repeal or seriously undermine the new federal health care law, prompting the Obama administration to warn that without the new law, millions with pre-existing medical conditions could lose health insurance.

Nationwide, more than 8,000 have enrolled in the new program thus far - just 39 of them in Connecticut - but federal officials expect that number to grow. Supported by $5 billion in federal subsidies, the program is offered as a bridge until 2014, when provisions of the health law would take effect barring insurance companies from denying or limiting coverage because of a pre-existing condition.

"The new law is already helping to free Americans from the fear that an insurer will drop, limit or cap their coverage when they need it most," Health and Human Services Secretary Kathleen Sebelius said Tuesday.
 "And Americans living with pre-existing conditions are being freed from discrimination in order to get the health coverage they need."

Charter Oak is for adults of all income levels with pre-existing conditions. For most enrollees, Charter Oak offers coverage at lower cost and fewer restrictions, so it's more attractive, Dearborn said.

Charter Oak, which began in 2008, offers coverage for monthly premiums of $307 per person, regardless of age or income. In addition, the new federal program is available only to those who have been without insurance for six months or more, and Charter Oak has no such restriction.  Dearborn said that 125 people who had applied for the federal program as of last month qualified, but only roughly one-third elected to enroll.

On Tuesday, Sebelius released an analysis showing that nationwide, up to 129 million Americans with conditions such as diabetes, asthma, heart disease, high blood pressure, cancer or arthritis would be at risk of losing insurance coverage if the new health care law is repealed. In Connecticut, up to 1.6 million non-elderly residents are at risk, the study said. It was released to respond to the Republican-led effort to repeal or dilute the new law.

Yolanda Bowes, supervisor of community outreach services at United Community & Family Services in Norwich, said staff at the clinic who work to enroll uninsured patients in insurance programs have signed no one up for the new federal program. Called access to care specialists, they also enroll uninsured patients who come to The William W. Backus Hospital.  Charter Oak and other programs such as Medicaid and Husky B for adults with children are more affordable options, she said.

"We do tell people about it," she said of the federal plan.

But someone would choose the federal plan, she said, if they prefer its provider network, which is accepted by more doctors and hospitals than Charter Oak's.

Lawrence & Memorial Hospital in New London also has staff to help uninsured patients find plans they can afford. It also has not enrolled anyone in the new federal program, said L&M spokesman Mike O'Farrell.
Dearborn, the state social services department spokesman, said there are other details of the two plans that might lead someone to choose the federal plan over Charter Oak. The federal plan has no limit on annual benefits, while Charter Oak's limit is $100,000. It also has more generous prescription drug coverage, he said.

For information on the pre-existing condition insurance plan in Connecticut, visit: www.ctpreexistingconditionplan.com.

For information on the Charter Oak Health Plan, visit: www.charteroakhealthplan.com.



Charting SustiNet's course after federal reform
Arielle Levin Becker, CT MIRROR
November 18, 2010

When it was introduced last year, the SustiNet health plan was envisioned as a way to achieve universal health care coverage for the state. That was before federal health care reform changed the landscape for state-level reform efforts, putting Connecticut and the rest of the country on a path toward near-universal coverage by 2014.

Now the board charged with developing SustiNet is nearing key decisions that will shape the health plan. The board is slated to make recommendations in the coming months to the legislature and governor, who will ultimately determine what SustiNet becomes.

But it remains to be seen exactly what role SustiNet plays, and how much attention it gets from a legislature and governor negotiating a budget deficit of between $3.4 billion and $3.7 billion.

SustiNet supporters say the plan can still play a key role in the state, serving as a public health insurance option that competes with commercial insurance plans.

Governor-elect Dan Malloy said Thursday that he is awaiting the board's recommendations about exactly what role SustiNet will play and how it interacts with federal health reform. But he said SustiNet should have a role, and noted that he was an early supporter of the original SustiNet proposal.

"There's nothing more important to the 14 percent of Connecticut's population currently without health care than access to health care and access to a job," he said. "I know that it's first and foremost on their minds and therefore needs to be a high priority for me as governor."

Juan Figueroa, president of the Universal Health Care Foundation of Connecticut, which created SustiNet, said Malloy's election was a positive move for the prospects of state-level health care reform.

"Having said that, look, we're all aware that the first thing that he has to deal with is the 3-plus-billion-dollar structural deficit, and as it should be, that's going to be framing everything that gets done next legislative session," Figueroa said.

But Figueroa and other SustiNet supporters say addressing health care reform is critical to, not a distraction from, improving the economy.

"The out-of-control spiraling health care costs that small businesses face is something that's going to have to be dealt with if we expect to revive our economy and create jobs in those small businesses," Figueroa said. "They're interrelated."

According to an analysis presented Thursday, nearly any option the SustiNet board is considering could save the state between $32 million and $427 million in one year once it is implemented, largely because the state could capture additional federal money.

"The state budget situation would improve," said Stan Dorn, a senior fellow at the Urban Institute and a consultant to the SustiNet board who presented the analysis.

A key premise behind SustiNet is that having a large pool of insured people will give the health plan leverage to negotiate lower costs and other changes to the health care delivery system that could ultimately save money. The board has also worked on developing practices intended to cut health care spending, including the use of the patient-centered medical home concept, health information technology such as electronic medical records, and payment reform.

Dorn's presentation included six options under consideration. The economic impact of any of them depends largely on how much SustiNet can affect health care spending, and the analysis looked at each option under two scenarios: a "pessimistic" version in which SustiNet produces no change in health care costs, and an "optimistic" one in which SustiNet slows the annual growth in health care spending by 1 percent.

According to the analysis, each option would cut the number of uninsured residents in the state by more than half, and all but one would save the state money.

The potential SustiNet models would likely lead some small employers to stop offering coverage to their workers, saving the businesses money. Dorn said most of the workers would instead be covered by SustiNet or through the health insurance exchange, the marketplace created by federal health reform for purchasing coverage that will begin in 2014. Under the federal health reform law, people earning below a certain income level will receive subsidies to purchase coverage on the exchange.

The different options vary in how expansive SustiNet would be.

The most basic would be to use SustiNet to cover only those already covered by state-administered health programs - state employees and retirees and people in Medicaid, HUSKY and other public health programs. Under federal health reform, more state residents would become eligible for Medicaid coverage, so the number of people covered in this scenario by 2017 would be more than are currently covered.

Three other coverage options add more groups to the SustiNet insurance pool.

One would expand SustiNet only to low-income adults who are not eligible for Medicaid, an estimated 56,000 people. For them, it would be an alternative to buying insurance through the exchange.

Getting coverage through SustiNet would cost those adults less than purchasing coverage on the exchange, even with the subsidies, Dorn said. The federal government would pay the costs of covering that group, saving the state between $47 million and $50 million, he said. And it would make the SustiNet coverage pool larger, giving it more leverage.

There are also downsides, Dorn said: Buying insurance through the exchanges would give people access to more plan options and larger networks of health care providers than participate in state-administered programs.

Another option would allow small firms, municipalities and nonprofits to buy coverage through SustiNet. And a fourth option would allow every individual and firm in the state to buy into SustiNet. Doing so would have little effect on savings to the state and for employers, according to the analysis.

The analysis also looked at two changes to the state's HUSKY health plan, which covers close to 400,000 children and parents. Health care providers are paid less to treat HUSKY patients than those with commercial insurance, leading many health care providers not to accept HUSKY or to limit the number of HUSKY patients they see.

One option would be to raise the HUSKY payment rates to health providers to equal what commercial insurers, a 34.5 percent increase. Because the federal government reimburses the state for a portion of its Medicaid costs - and the bulk of HUSKY recipients are covered by Medicaid - the state would not pay the full cost of the additional spending.

But if SustiNet does not have an impact on health care spending - the pessimistic scenario - increasing HUSKY rates would ultimately cost the state money. If SustiNet can slow the growth of health care costs, raising HUSKY rates would cut into the savings SustiNet achieved, but still save money overall.

The analysis also looked at expanding HUSKY in 2012 and 2013 to adults who currently earn slightly too much money to qualify, allowing them to receive state coverage before federal health reform rolls out. Doing so would reduce the number of uninsured residents in the state by 59,000, according to the analysis, but would cost the state between $103 million and $150 million a year.  Several board members said the state must be more aggressive in cutting the growth of health care spending than the 1 percent projected in the analysis' "optimistic" scenario.

"We don't have a choice no matter what happens on anything else," said Ellen Andrews, a board member and executive director of the Connecticut Health Policy Project. "We have got to reduce spending."

The board will meet in executive session Dec. 2 for what co-chairman Kevin Lembo called "the embarrassing questions, break the dishes" session. They are then scheduled to meet in public Dec. 15.

Who will lead state's health care reform?
Arielle Levin Becker, CT MIRROR
November 12, 2010

Grappling with a $3.3 billion budget deficit and a bad economy might dominate the work of Governor-elect Dan Malloy's administration, but his staff's to-do list will also include implementing federal health care reform, a law that gives considerable responsibility--and work--to the states.

Connecticut is one of many states expected have a change in leadership in handling the health care law. Twenty-six states are changing governors, and many, like Connecticut, have a political appointee in charge of the implementation effort.

The Patient Protection and Affordable Care Act won't be fully rolled out until 2014, and it could still be revised if Republicans in Congress get their way. But some provisions require planning now, including building the health insurance exchange, a marketplace for purchasing coverage that must be operational by Jan. 1, 2014.

Connecticut's lead in implementing health reform, Cristine Vogel, serves as a special adviser to Gov. M. Jodi Rell and expects to leave the job sometime before Malloy takes office. Vogel also heads the state's Health Care Reform Cabinet, which includes the commissioners of 11 agencies.

The Department of Social Services, which is already facing a surge of new Medicaid enrollees because of the economy and new eligibility rules, will need to prepare for a projected 114,000 or more new Medicaid clients under health reform. The department is certain to get a new leader: Commissioner Michael Starkowski is already retired and has been leading the department on a contract basis.

The Connecticut Insurance Department, which will have more responsibilities as insurers face more data reporting requirements, also will get new leadership. Commissioner Thomas Sullivan, who came under fire after approving double-digit rate hikes for some individual-market health insurance plans, is leaving the job after this week.

"There's just so much that the new governor will need to focus on, I'm just hopeful that health care will pop back up on the radar screen," Vogel said. "But he does have a lot of work ahead of him."

Malloy's chief of staff-designee Timothy F. Bannon, who is leading the transition team along with Lieutenant Governor-elect Nancy Wyman, said there have not been any major decisions made about health reform implementation efforts yet.

"Right now, it's just one of those things that we're trying to figure out how to best address," he said.

Vogel said federal officials have acknowledged that many of state officials working to implement the law across the country are departing.

"They acknowledge that new governors have a learning curve and they come with their own different policy approach," she said. "The policymakers down in Washington DC are changing a little bit too. It's a time of great flux."

In her remaining time in the job, Vogel plans to focus on the health insurance exchange. The state recently received a planning grant and Vogel hopes to hire a manager for the grant to move forward with research on the insurance market and information technology infrastructure that will help inform the exchange-planning process, including determining whether a state-run exchange is a viable option.

In addition to making information about health insurance plans available to the public, the exchange will have a variety of data collection and reporting functions. It will be responsible for certifying and rating insurance plans, ensuring that quality and satisfaction are being measured, reporting to the federal government and tracking which employers do not offer insurance to their employees.

By 2015, the exchange must be financially self-sustaining. The state will need legislation to create the exchange.

It's not clear how many people would be required to staff such a program; a similar effort in Massachusetts, called the Health Connector, has dozens of employees. States have the option of outsourcing the functions, teaming with other states to create regional exchanges, or having the federal government run their exchanges.

The Department of Social Services might also need to add jobs to handle the influx of applications and inquiries likely as Medicaid eligibility expands to nearly all state residents with incomes up to 133 percent of the poverty level in 2014.

Asked what advice she had for her successor, Vogel said she had many opinions, but that "I advise Governor Rell."

"We in state government typically know where our lines are, and so if asked by the governor-elect, I would at least share my thoughts and opinions with him," she said. "But during the transition, it's important for him to create his vision and his policy and make sure his administration knows what he believes in."


Judge: Justice takes 'Alice-in-Wonderland' approach to health care
Challenge of health law can continue

The Washington Times
Updated: 8:39 a.m. on Friday, October 15, 2010

A federal court judge in Florida ruled Thursday that key portions of a lawsuit challenging the Obama administration's health care reform law can go forward, and accused the Justice Department of taking an 'Alice-in-Wonderland' approach to its defense of the controversial "penalty" for people who don't buy insurance.

Though it's just a preliminary ruling, Senior U.S. District Judge Roger Vinson's decision to let the case proceed is a victory for opponents of the law, since it means he will ultimately decide the merits of the challenge brought by 20 states.

Judge Vinson said the states can challenge the constitutionality of whether provisions in the law violate state sovereignty through expansion of the Medicaid program and if Congress exceeded its authority by forcing people to obtain health insurance or pay a penalty.

Judge Vinson questioned whether lawmakers called the provision a "penalty" instead of a "tax" simply to avoid political blowback.

"Congress should not be permitted to secure and cast politically difficult votes on controversial legislation by deliberately calling something one thing, after which the defenders of that legislation take an 'Alice-in-Wonderland' tack and argue in court that Congress really meant something else entirely," wrote Judge Vinson, a 1983 appointee of President Reagan.

The 20 states argue that the penalty imposed for failing to obtain health insurance, a provision of the law that goes into effect in 2014, exceeds Congress' power through the Constitution's Commerce Clause. The Justice Department, in turn, argued that Congress' authority to impose the penalty comes from its broader authority to collect taxes.

"This ruling confirms the significance of this lawsuit in protecting against the federal health care act's intrusions on individual liberty and limited government," said Florida Attorney General Bill McCollum, a former congressman who filed the constitutional challenge. He applauded the judge's decision.

During the legislative debate the Obama administration repeatedly denied the penalty amounted to a tax, but changed its tune when the time came to defend the law in the courts. Administration lawyers concluded the taxing power in the Constitution is broader than the government's ability to regulate interstate commerce, and therefore more likely to be upheld as a valid exercise of federal powers.

Judge Vinson did agree with the Obama administration, however, in dismissing several other challenges, such as the assertion that the law interferes with the sovereignty of the states on the grounds that they are large employers. In all, Judge Vinson dismissed four of the six counts in the case, ensuring a lengthy battle that likely is headed to the Supreme Court.

Tracy Schmaler, a spokeswoman for the Justice Department, which represents the administration in the case, acknowledged disappointment that Judge Vinson did not dismiss the entire case.



UK Cuts Child Benefit Payments in Austerity Drive
NYTIMES
By THE ASSOCIATED PRESS
October 4, 2010
Filed at 10:20 a.m. ET

LONDON (AP) — Britain will cap payments to jobless families and scrap child benefits for high earners in a sweeping overhaul of the country's welfare system, Treasury chief George Osborne said Monday.

Osborne, who is seeking to save about 86 billion pounds ($135 billion) in government spending over the next five years, said the cost of welfare payments was out of control — and rewarding some people for staying out of work.

At an annual rally of his Conservative Party, Osborne said Britain's coalition government would introduce a new welfare cap to make sure families in which both parents are unemployed do not receive more in benefits than an average family earn in wages.

Osborne also announced parents who earn more than 44,000 pounds ($70,000) per year will lose child benefit payments from 2013. Currently, all families are paid 20 pounds ($32) a week for their eldest child and about 13 pounds ($20) for other children. The benefits continue until the children are 19, if they stay in full-time education.

There would be welfare payments "to families who need it — but not more money than families who go out to work," Osborne told activists at the rally in Birmingham, central England.

"That is what the British people mean by fair — and we will be the first Government in history to bring it about," he said.

Since the coalition took office in May, Osborne has already announced a multibillion pound package of spending reductions and tax hikes, including a two-year pay freeze for most public sector workers, a new levy on banks and a rise in a tax on goods and services.

He will set out detailed plans for spending cuts over the next five years in an address to Parliament on Oct. 20, aiming to all but clear Britain's deficit by 2015.

Osborne said the government's austerity measures would bring prosperity in the future. He dismissed plans from the main opposition Labour Party to cut the deficit at a slower rate, saying that would only prolong the period of budget restraint.

"The hard economic choices we make are but a means to an end, and that end is prosperity for all," he said.

On Sunday, about 7,000 labor union members — including teachers and health service workers — staged a march outside the Conservative convention, to protest at planned spending cuts. Labor unions plan further protests to coincide with Osborne's announcement to Parliament.

"Everyone can agree that we need a fairer economy built on higher, better balanced growth. But the spending and benefit cuts will do the opposite — pushing many people into poverty, hitting middle income Britain hard and threatening growth," said Brendan Barber, general secretary of the Trades Union Congress.

Yvette Cooper, a Labour lawmaker and the party's spokeswoman on work and pensions, said the government should increase its levy on banks, rather than cut child benefit payments.

Osborne said the Conservative-led government would prioritize spending on education and improvements to Britain's infrastructure — including a new high-speed railway network.

"Britain has no divine right to be one of the richest countries in the world. As economic power is shifting to the east, there is nothing automatic about our prosperity," he told the rally. "If our skill base continues to decline, there will be no growth. If our infrastructure remains poor, there will be no growth."



You Can’t Keep the Plan You Have
Obamacare is coming to a doctor’s office near you.
NATIONAL REVIEW
Marc Siegel, M.D.
October 4, 2010 4:00 A.M.

Last year, I ordered a CT scan of the chest on a 63-year-old patient whose chest X-ray had revealed a lung nodule. I had no problem getting the test approved by his private insurance company. The radiologist suggested that I repeat the CT scan this year to make sure the nodule hasn’t turned into cancer.

But this year, the same insurance company is denying the test, having clamped down on several elective services while also raising its premiums. This company now has to cover children with pre-existing conditions and can place no lifetime limits on care. It is struggling to preserve its profits as Obamacare kicks in — profits that, to begin with, are only approximately 4 percent of its total revenue.

Next year, my patient will have Medicare. He can’t afford a secondary insurance plan (Medicare Part B covers only 80 percent of most charges), and he doesn’t qualify for Medicaid as his secondary, so he was hoping to join a Medicare Advantage plan — a private insurance plan that seniors can choose to receive, partly at government expense, instead of Medicare. But in 2011, Medicare Advantage is due to be cut $140 billion by the new law, and it is doubtful that the plan he wants will still be available. Harvard Pilgrim, the second-largest insurer in Massachusetts, has just dropped 22,000 patients from its Medicare Advantage plan in anticipation of these cuts. Soon seniors everywhere will have the same problem. In fact, the Medicare actuary estimates that 7 million out of the 11 million people with Medicare Advantage will be set adrift over the next seven years.

One of those patients will likely be my fellow with the lung nodule who needs a follow-up scan.

President Obama clearly hasn’t visited a real doctor’s office recently. If he sat on my office couch, he would immediately discover that real patients are terribly worried about how dysfunctional and expensive all health insurance, public and private, is becoming under the new law of the land. Of course, the problem of spiraling health-care costs and inadequate access to essential services was already happening before, but Obamacare is making it far worse.

My medical office is changing, and not for the better. As I write this, I have a patient waiting in the next room who has to pay cash to see me because his employer’s contribution to his plan has dropped this year, and his deductible has gone up. Many employers are getting ready to dump their employees on the state exchanges in 2014. They are adopting plans that won’t “grandfather in” under the draft regulations of the new law, which mandate low deductibles and low co-pays. I am treating my patient for high blood pressure, which may be due to his worrying over his medical bills. My bill is minor compared to the hundreds of dollars that the laboratory charges him for the routine blood tests his insurance no longer covers.

Next door to this man is a woman complaining about her premiums, which are up 20 percent from last year. She wants to add her 23-year-old son, who has diabetes, to the policy under the new law — but she can’t, because her son has a full-time job and is supposed to get it from his employer. But the employer isn’t offering it, and is prepared to ultimately pay the Obamacare penalty that is supposed to enforce the “mandate” that he provide insurance.

Under the “consumer protections” that just kicked in, private insurers are unable to charge co-pays for preventive services including mammograms, colonoscopies, and vaccines. This sounds good until you consider that when these services are “free,” demand for them will increase, and we doctors are ill equipped to handle such a demand surge. Further, it is unlikely that doctors will receive greater reimbursements to compensate for the lost co-pays — and so they will stop providing these services in droves. Your insurance may pay for your colonoscopy, but you may not be able to find a doctor to perform it.

And things are only going to get worse. Full-throttle Obamacare, which comes into effect in 2014, will promote insurance plans that require little payment from patients out-of-pocket — and thus are easy to overuse. This will remove the brakes from the system. In my doctor’s office of the near future, I expect the waiting room to be clogged with more and more patients even as the government and private insurers limit the tests and treatments I can offer.

Yesterday I saw a patient who just lost his job. He had no insurance, and I saw him for a very small fee. He expects to end up on Medicaid (it will be much easier to qualify under Obamacare), and since I don’t accept it — and more and more doctors are doing likewise — he will likely end up getting his care in the ER. But ERs are already overcrowded, and are not ready to handle more patients.

The president can keep telling Americans that their health care won’t change. But for my patients, it already has.

– Marc Siegel, M.D., is an associate professor of medicine at NYU and the medical director of Doctor Radio at NYU Langone Medical Center. He is a Fox News medical contributor.


The Anatomy of a Hostile Government Takeover
Obamacare at six months.

National Review
James C. Capretta

September 28, 2010 4:00 A.M.

During the long national debate over the future of American health care, President Obama frequently chastised his opponents for launching exaggerated attacks on his plan for “reform.” He took particular exception to the criticism that the changes he was pushing amounted to a government takeover of the whole health sector. He knew full well that this kind of criticism might derail the entire effort in Congress, because most Americans recoil at the thought of a distant and bureaucratic federal government running the health-care system for everyone. So Obama vigorously denied that his program would lead to any such thing. In his Aug. 8, 2009, radio address, he described the “takeover” accusation as “outlandish” and characterized his approach as a mainstream and moderate attempt simply to reform the nation’s private health-insurance system.

It’s now been six months since Congress passed Obamacare — not a long time given the sweeping nature of the legislation and the long phase-in schedule for its most significant provisions. Even so, it is already abundantly clear that Obamacare’s critics were dead right: The new health law has set in motion a government takeover of American health care, and a very hostile one at that. The Obama administration’s clumsy and overbearing behavior since its passage proves the point.

First, there are the heavy-handed statements coming out of the Department of Health and Human Services (HHS). Two weeks ago, HHS secretary Kathleen Sebelius sent a letter to the nation’s insurers with a plainly stated threat: Either the insurers conform to the political agenda of the administration and describe the reasons for premium increases in terms acceptable to the Democratic party, or they will be shut out entirely from the government-managed insurance marketplace. What could possibly have provoked a cabinet secretary to launch such an indiscriminate broadside against an entire industry? Simple: A handful of insurers had dared to utter the truth, noting that the new law has imposed costly insurance mandates that will raise premiums for everyone. For that offense, the federal government has essentially threatened to put the truth-telling insurers out of business. And what’s truly astonishing, and telling, is that the new law almost certainly gives the HHS secretary the power to do so if she really wants to.

Then there is the matter of Dr. Donald Berwick. Recall that President Obama took more than a year to settle on Dr. Berwick as his nominee to head the Centers for Medicare and Medicaid Services (CMS) — and then moved in a matter of weeks to put him in place without Senate confirmation. The president tried to blame Republicans for this blatant end-run around constitutional checks and balances, even though Democrats control the Senate and could have held a hearing and a vote if they had wanted to. The truth is that Democrats didn’t want Dr. Berwick to be confirmed in the Senate. They wanted him on the job, for sure, because he is an ardent government-takeover enthusiast, and is prepared to use all of the levers at his disposal to advance that objective. The president and his Democratic allies just wanted to get Dr. Berwick in place without the public’s really noticing. So they chose to circumvent the normal process and put him in the CMS position with a time-limited recess appointment. For the next year and a half, Dr. Berwick is free to use CMS’s enormous new powers to force doctors and hospitals to conform to his vision of effective health care, and he is essentially accountable to no one but the president.

To distract the public from these power plays, the administration decided to launch a series of “information” campaigns that are plainly political and filled with all manner of distortions. HHS sent a letter to the nation’s Medicare beneficiaries supposedly explaining what the new law will mean for them. Somehow, it failed to mention that the law will cut Medicare by half a trillion dollars over a decade, and cut the value of Medicare Advantage by an average of 27 percent by 2017. HHS followed this up by putting the same distortions on television, in the form of an expensive advertising campaign featuring Andy Griffith.

In the meantime, busy beavers in various corners of the federal bureaucracy are laying plans for new fiefdoms. Thousands of new employees are planned for various offices in HHS, including the new office to regulate private health insurance nationwide. The IRS is gearing up both to enforce with tax penalties the requirement that everyone carry government-approved insurance, and to help administer the massive new entitlement program that will require income verification on tens of millions of applicants. States will also be forced to build new bureaucracies to carry out the scores of tasks the federal government will be ordering them to perform.

Massive bureaucracy. Disinformation campaigns. Blatant power plays. The politicization of decisions that should be made with a focus on patient care. The use of government power to threaten citizens and their livelihood.

This is what Obamacare has brought us. And that’s just in its first six months.


Insurers Dropping Some Coverage For Children
By MATTHEW STURDEVANT, msturdevant@courant.com
8:37 PM EDT, September 21, 2010

Health insurers are dropping some plans for children in advance of new federal mandates that take effect Thursday, prompting another battle between the industry and consumer advocates.

Insurers say they're dropping the plans, which are sold directly to families and cover children only, because of a new rule requiring them to sell policies to families after children become sick or injured — thus eliminating reasons for families to buy coverage for healthy children.

Although these "standalone" policies are rare, the debate over them exposes the broad rift between insurers and consumer advocates just as the sweeping federal reform takes effect.  Major health insurers, including Aetna, Anthem Blue Cross and Blue Shield in Connecticut, CIGNA Corp. and UnitedHealth Group, have all stopped offering the policies in Connecticut and other states throughout the country. Some insurers pulled the plans early in the summer while others dropped them this month.

"What's disappointing about what the insurers have done is that they've made clear that they're not going to follow the rules under reform and that they can't be counted on to do the right thing — in this instance, limiting the options of consumers because they don't want to cover sick kids," said Ethan Rome, executive director of Health Care for America Now, a nonprofit group in Washington.

Insurers said they would end up paying a high cost if they continued the plans — a cost that would be passed on to their current customers in the form of higher premiums.

"There's a very strong case to be made that the insurers in this particular case are acting in defense of the kids who are currently getting their insurance this way to protect them from the rate shock associated with new entrants under new rules," said Keith Stover, a lobbyist with the Connecticut Association of Health Plans.

The reform, which waives pre-existing condition exclusions for children, almost guarantees that the only people who will sign up for coverage will be those who need it immediately, Stover said — such as a person on the way to the hospital with a broken arm.  Neither regulators nor insurers were able to provide estimates of how many children are in standalone policies in Connecticut or throughout the U.S.  The huge majority of children are covered by their parents' group health insurance offered through an employer or some other group, or through a family plan sold on the individual market, or through state-subsidized programs such as HUSKY in Connecticut.

Coverage for children is the latest front in a larger clash with insurers on one side and consumer advocates as well as the federal government on the other. The battle is playing out over prices, as insurers have begun seeking premium increases of 20 percent or more for some plans, saying that the mandates will raise costs — as critics say that the increases are not warranted.  Thursday is a monumental day for health care. In addition to waiving pre-existing conditions for children, insurers must also eliminate limits on how much they spend per person in a year and throughout a person's life.

"The 23rd is incredibly significant because for too many years it's been the insurance companies against us, and they always win. And with the new consumer protections, consumers can start winning for a change," said Rome. "Consumers can actually get the health care that they paid for, and that's an enormous change."

Aetna spokeswoman Susan Millerick said that the Hartford-based health insurer stopped offering standalone policies for children because "those seeking coverage would more often be those who need to consume health care services immediately for high-cost, known conditions — which would significantly increase the cost of premiums."

CIGNA spokeswoman Gloria Barone offered a similar explanation.

"We made a decision to stop offering child-only policies to ensure that we can remain competitive in the 10 markets where we sell individual and family plans," Barone said. "We'll continue to evaluate this policy and could reconsider changing this position as market dynamics change."

UnitedHealthcare spokesman Daryl Richard said that children who are on their parents' policy will remain covered. Anthem also dropped the specialized coverage in Connecticut.  Perhaps ironically, a separate provision in federal reform — a mandate that all individuals must be covered, which kicks in in 2014 — would make the pool less risky and therefore might allow insurers to absorb the cost of sick children without a major increase in the price of premiums, some experts said.

"When you front load the 'good stuff' and back load the 'tough stuff,' " said Stover, the health insurance lobbyist, "you have this inevitable pressure on price."



BRAINTRUSTEES: 
Michael Astrue, Social Security Commissioner, Hilda Solis, Labor Sec'y, Tim  Geithner, Treasury Sec'y, Kathleen Sebelius, HHS Sec'y


Government says health care overhaul extends life of Medicare hospital trust fund by 12 years
Baltimore SUN
Associated Press Writers

MARTIN CRUTSINGER, RICARDO ALSONSO-ZALDIVAR
12:06 PM EDT, August 5, 2010

WASHINGTON (AP) — The annual checkup of the government's big benefit programs for the elderly show that the Obama administration's sweeping health care overhaul will extend the life of the Medicare hospital insurance fund by 12 years.

But officials cautioned Thursday that the dramatic gain, reflected in the annual trustees report for Medicare and Social Security, will depend on achieving significant savings in health care in coming years.

The report found that the Medicare Hospital trust fund will not be exhausted until 2029, 12 years longer than estimated last year. That improvement was credited to the cost savings that will occur with the passage earlier this year of health care reform.

The trustees said the recession had made the outlook for the Social Security trust fund worse in the near term, however.

They said the Social Security program is projected to pay out more in benefits than it collects in taxes for the first time this year and next year. The Social Security trust fund is expected to be exhausted in 2037, the same date as in last year's report.

The report noted that achieving the health care savings needed to extend the life of the Medicare trust fund "may prove difficult and will probably require that payment and health care delivery systems be made more efficient than they are currently."

The administration delayed issuance of the trustees report, which normally comes out in the spring, in order to recalculate projected spending estimates based on the changes the new health care law brought about or will bring about in the future.

Treasury Secretary Timothy Geithner, the head of the trustees panel, said that while the new report showed "very positive developments" from the new health care law it also underscored "that we must continue to make progress addressing the financing challenges" facing both Medicare and Social Security.

The trustees report said that Social Security pension and disability payments will exceed revenues for this year and 2011, reflecting a deep recession which has knocked millions of people off payrolls, which means they are not paying Social Security payroll taxes.

The report said the program would return to the black in 2012 through 2014 but that benefit payments will again exceed tax collections in 2015. For every year after 2015, the report projects that Social Security will be paying out more than it receives in tax collections under the impact of the retirements of 78 million baby boomers.

The government will then have to turn permanently to its trust fund to make up the difference between Social Security taxes and the benefits being paid out. The trust fund, which exists in paper form in a filing cabinet in Parkersburg, W.Va., are bonds backed by the government's "full faith and credit" but not by any actual assets. That trust fund, currently at $2.5 trillion, has been spent over the years to fund other parts of government.

To redeem the trust fund bonds, the government will have to borrow in public debt markets or raise taxes. At the point that the trust fund is exhausted in 2037, the trustees said the government will still be collecting enough in Social Security payroll taxes to meet three-fourths of current benefit levels.

Health and Human Services Secretary Kathleen Sebelius, another trustee, told reporters that the trustees assumed current law in making their projections, including a cut in doctor's Medicare payments of 23 percent starting in December. Congress has for years voted to put more money in the Medicare program to keep such sharp cuts in doctor's payments from occurring.

The number crunching and analysis for the trustees report is done by a group of nonpartisan professionals at the Office of the Actuary, an obscure economic unit in the Health and Human Services Department that has a reputation for independence. To the consternation of White House officials, recent reports from that office have raised questions about the heath care law's impact on Medicare.

An April 22 analysis pointed out that the projected gain of 12 years of additional solvency for Medicare, a figure that was also used in the health care debate, was largely an "appearance," stemming from how Medicare cuts are handled under federal accounting rules. Under the law, savings from those cuts will be used to finance coverage for the uninsured.

"In practice, the improved (Medicare) financing cannot be simultaneously used to finance other federal outlays (such as the coverage expansions) and to extend the trust fund, despite the appearance of this result from the respective accounting conventions," the report said.

A companion report concluded that some of the $575 billion in Medicare savings over 10 years "may be unrealistic" because future Congresses could be pressured to roll back cuts to providers in the health care law.

The actuary's office also projected that enrollment will plummet in popular private insurance plans offered through Medicare, as a result of cuts in the health care law.

More than 53 million people receive Social Security. Retirement benefits average $1,100 a month, and disabled workers get an average of $1,065. Medicare covers more than 46 million retirees and disabled people.

Social Security is financed by a 6.2 percent payroll tax on wages below $106,800. The tax is paid by workers and matched by employers. Medicare is financed by a mix of general revenues, payroll taxes and premiums paid by beneficiaries.

President Barack Obama has formed a bipartisan fiscal commission that is working on recommendations to improve government finances, including those for Social Security and Medicare. Seniors' groups are lobbying against benefit cuts, while conservatives say they will oppose tax increases, creating a difficult political environment for compromise.


Dodd seeks explanation from Rell on delay of new insurance program
Deirdre Shesgreen, CT MIRROR
July 2, 2010

Sen. Christopher Dodd, D-Conn., has expressed serious concern about Connecticut's decision to delay a decision on implementing a new high risk insurance pool for people with serious health problems.

In a sharply worded letter to Gov. M. Jodi Rell, Dodd asked a series of questions about her decision to defer signing a contract with the federal Department of Health and Human Services. That contract would have allowed the state to begin accepting applications from patients locked out of the private insurance market and tap into an estimated $50 million pot of federal money to provide them with coverage.

"The timing of these actions by the state are cause for great concern," Dodd wrote in a July 2 letter to Rell. "I would like to better understand what the state's plans are to ensure that no residents of Connecticut, who would otherwise be eligible, will be denied access to this new federal insurance program."

Dodd asked Rell why the state waited until the day after the federal deadline for the new program to announce that Connecticut was still reviewing premium rates and might opt to have the federal government run the program, instead of creating a state-operated pool.

"The state's late announcement raises several questions about its true intentions," Dodd said.

Donna Tommelleo, a spokeswoman for Rell, defended the governor's decision as in the best interest of state residents who need this program.

“The Governor is asking for time to examine the rate structure because the rates Connecticut is being charged are considerably higher than other states, including some neighboring states," Tommelleo said. "Her concerns are that costs may be unaffordable for the very people they are intended to help."

She said Dodd's energy would be "better spent working for lower rates and a fairer rate structure for his home state than sending demanding letters. This is a national program and an issue that should be dealt with at the federal level."

The new high-risk pools are part of the federal health care reform overhaul, which Dodd helped craft. They are designed to provide health insurance for people who have pre-existing health conditions and who have been without insurance for at least six months. Congress established a $5 billion pot of money to create the new high-risk insurance pools and gave states the option of running their own program or having the federal government run it for them.

Connecticut initially indicated that it would set up its own pool, as 28 other states and the District of Columbia are doing. State officials crafted a lengthy application and submitted it to HHS on June 2.

But on Thursday, the day the federal Department of Health and Human Services rolled out the new program, Rell expressed concerns that the premiums calculated by the state's actuarial consultants may be "beyond the reach" of Connecticut residents with pre-existing conditions, the target population for these new insurance pools. She asked top state officials at the Department of Social Services and two other state agencies to review the premiums and consider whether it would make more sense to have the federal government run the program.

Rell asked them to complete the review by July 15.

That lengthy period for review is of particular concern, said Dodd.

"A delay in making this determination until July 15th is cause for great concern, as individuals in the 21 states relying on HHS to run the PCIP are already able to apply as of July 1st," Dodd wrote. "Individuals enrolled in this plan by July 15th will begin receiving coverage by August 1, 2010.  Therefore, in my view, it is critical that you make a final decision prior to July 15."

Tommelleo said Rell had "every intention of ensuring that Connecticut citizens benefit from the health care reform bill."


Rell asks feds to relax insurance rule
Arielle Levin Becker, CT MIRROR
October 4, 2010

Saying federal regulations have created a "stone wall" preventing Connecticut residents from enrolling in a new state health insurance plan, Gov. M. Jodi Rell has asked U.S. Health and Human Services Secretary Kathleen Sebelius to consider relaxing the rule.

The state created the Connecticut Pre-Existing Condition Insurance Plan to comply with a requirement in the health reform law for states to have insurance pools for previously uninsured people with pre-existing conditions.

Coverage under the plan began Friday, with only five people enrolled. Rell said enrollment could be limited because of the federal "crowd out" rule that requires a person be uninsured for at least six months before joining the plan. Some public insurance programs use such policies to prevent people from dropping private coverage to join a public program.

"Implementation of such a restrictive, no-exception crowd-out/waiting period policy seems to contradict the stated goals of providing access to health insurance for those individuals with pre-existing conditions," Rell wrote to Sebelius.

Rell recommended that the department approve "reasonable and good-cause exceptions" to the six-month waiting period. She noted that the state's Charter Oak Health Plan also has a six-month crowd out period, but allows exceptions for people who lost their previous coverage because of extreme economic hardship, the expiration of coverage under COBRA, or no longer being enrolled in the state's HUSKY program.

"I believe that these accommodations are essential if the Pre-Existing Condition Insurance Program is expected to achieve its goals of providing crucial health coverage to individuals who otherwise cannot access coverage," Rell wrote.

Rell described the exceptions used in Charter Oak as cases in which people lose coverage through no fault of their own, and cited the example of a parent who loses HUSKY coverage when his or her child turns 18.

"In this regard, such a newly uninsured person is no different from other uninsured individuals who need and are able to access this important program," Rell wrote.

In addition to the five people enrolled in the pre-existing condition insurance plan Friday, one person is slated to receive coverage under the plan beginning next month, according to the state Department of Social Services. Including the six who enrolled, 165 people who applied were eligible for the program.

Rell said in the letter that people who qualified for the pre-existing condition plan were opting to join Charter Oak, which charges $307 per month in premiums. The pre-existing condition plan's premiums rise with age, and for anyone 30 and older, cost more than the Charter Oak premiums.

Like many states, Connecticut already has high-risk insurance plans for people with medical conditions. Their premiums cost more than the new plan, in some cases, by hundreds of dollars a month.

Because of the crowd out rule, people enrolled in those plans would not be eligible for the new plan unless they gave up the insurance for six months. But officials have noted that the goal of creating a new plan was to expand coverage to people without insurance, not to lower the price for people who have it.

The pre-existing condition insurance plans created under the health reform law are being funded with $5 billion in federal money and are expected to run until 2014, when insurers will be prohibited from excluding people with pre-existing conditions.

Move to Medicaid means better healthcare for thousands, better bottom line for state
CT MIRROR
Jacqueline Rabe and Deirdre Shesgreen
June 25, 2010

For much of the last legislative session, debate over extending Medicaid coverage to childless adults focused on the bottom line for the state: more than $50 million in federal reimbursement for assistance the state already is providing.

But putting recipients of State Administered General Assistance under the Medicaid umbrella, approved this week in Washington, also means elimination of a flawed system that shortchanged both the poor and the doctors who cared for them, advocates of the move say.

"Basically, SAGA is being put in the dustbin of history, where it richly belongs," said U.S. Rep. Joe Courtney, D-2nd District, a vocal proponent of the health care overhaul.

Sheldon Toubman, a lawyer for New Haven Legal Assistance who has been outspoken in his criticism of SAGA and other state-run health programs, was even more blunt.

"They have wiped away all this crap that was called health care and started over," he said. "This population will now have real health coverage."

Extending Medicaid to childless adults nationwide is a key step in implementing the new health care reform law, making the program a more fundamental part of providing care to low-income Americans.

There's no question that the change will mean improved coverage for some 45,000 SAGA patients, including more physicians to choose from and more covered services. And it won't add a burden to the Medicaid system: Most doctors who see SAGA patients also participate in the federal program.  But some worry that the reform law isn't doing anything now to address the problems that already exist in the system.

"It's barely functional now," Ellen Andrews, executive director of the Connecticut Health Policy Project, said of Connecticut's Medicaid program. She said providers and consumers alike have difficulty navigating the system, and too few doctors participate in the program.

The problem has been exacerbated by the economy: Connecticut's Medicaid rolls have swelled by at least 53,000 patients in the last 18 to 20 months, DSS Commissioner Michael P. Starkowski said. And he said he expects to enroll another 7,000 to 12,000 people in Medicaid over the next year, in addition to the 45,000 low-income childless adults who will be rolled over from SAGA.  Andrews and other advocates hark back to a 2006 survey that found only about one in four physicians participating in the Medicaid program actually were accepting new patients.

"Overall, access to care was found to be deficient across all health plans and provider groups," the report concluded.

David Dearborn, a spokesman for the Department of Social Services, said accessibility is no longer an issue in Connecticut because doctors are reimbursed for the services provided more appropriately now. And Starkowski dismissed the study, saying many doctors' offices probably did not understand what program they were being asked about.

But Andrews said there is no evidence, either from state officials or her clients' experiences, of any improvements since that study was done.

More recently, a 2008 national survey compiled by the Center for Studying Health System Change, a nonprofit think-tank, found 28 percent of physicians reported they were accepting new Medicaid patients compared with almost 90 percent accepting new privately insured patients.  As part of health care reform, Congress approved increased Medicaid payment rates to doctors for primary care, but those boosts don't kick in until 2013 and 2014. In the meantime, however, the gap between needy patients and willing doctors is likely to persist.

"Concerns about provider networks are widespread, and whether there are enough providers currently in the Medicaid program to absorb an influx of new enrollees is a big question," said Rachel Klein, deputy direct of health policy at Families USA, a consumer health care advocacy group based in Washington.

The Connecticut Medical Society, which represents more than 7,000 physicians, said Medicaid's low reimbursement rates result in low physician participation. Ken Ferrucci, vice president of public policy for the society, said the average reimbursement rate for the society's physicians participating in Medicaid is about 56 percent of actual costs.  But the SAGA rates were even worse, he said: about 43 percent of costs. Shifting SAGA patients to Medicaid will expand their physician choices to 17,090 participating doctors.

The low SAGA reimbursement rate was particularly troublesome for patients seeking specialized care, advocates say. While primary care was available, getting to see specialists such as neurologists or dermatologists was problematic.

"You need these services? Well, you are just out of luck. That's just bad policy," Toubman said. "What's the point of saying you cover something if you can't find a doctor?"

Ron Dunhill, who works to get SAGA clients at Cornell Scott Hill Health Center in New Haven the health services they need, cited the case of a client who had fluid on his brain. There were plenty of doctors in New Haven capable of handling the case who accepted Medicaid, but the nearest SAGA-enrolled physician was 90 minutes away.  And while Medicaid would have paid for transportation to medical appointments, SAGA wouldn't, except for emergencies. Medicaid also covers such things as nursing home care, at-home care, and durable equipment such as a walker or wheelchair, which SAGA doesn't.

"It's not like Medicaid is perfect," said Toubman. "It is better than SAGA though, so it's a step up."



Insurance Pools Readied in Some States
NYTIMES
By ROBERT PEAR
June 25, 2010

WASHINGTON — The Obama administration is poised to award contracts worth hundreds of millions of dollars to about 20 states to run new insurance pools for people with serious medical problems.  In another 20 states, where local officials chose not to participate, the federal government will run the pools through a private nonprofit entity.  Applications will be available to the public in many states on Thursday, and coverage could start as early as August, said Richard A. Popper, deputy director of the new federal Office of Consumer Information and Insurance Oversight.

After struggling for months to fend off Republican attacks on the new health care law, White House officials hope the high-risk insurance pool will produce tangible benefits for people who are uninsured — and for Democrats running in midterm elections this fall. The law has become an issue in many races.

Colorado, Maryland and North Carolina are in the vanguard of states planning to run high-risk pools with federal money.

“We are ready to go,” said Michael T. Keough, executive director of the North Carolina Health Insurance Risk Pool. Mr. Keough said he was prepared to start taking applications as soon as the federal government approved his program.

Some states, like California and New York, are just finishing their proposals. Several others are tinkering with their plans to get federal approval.  Congress provided $5 billion for the program, which is expected to help 200,000 to 400,000 people, or fewer than 10 percent of those denied health insurance because of pre-existing medical conditions.  Democrats describe the program as a bridge to 2014, when insurers will be required to accept all applicants and consumers can do comparison shopping in marketplaces known as insurance exchanges.

In soliciting state proposals, Kathleen Sebelius, the secretary of health and human services, emphasized that states must not allow spending to exceed their allotments of federal money.  State officials said they would freeze enrollment if necessary to keep within their budgets. It is not clear who would be legally responsible for claims that remain unpaid after a state’s allotment runs out.

The temporary program for uninsured people with pre-existing conditions was supposed to be established within 90 days after President Obama signed the health care law — that is, by last Monday.

Thirty states have informed the federal government that they want to run their own high-risk pools with federal money. About 20 of them have filed formal proposals. Federal officials said they hoped to approve many of the proposals by Thursday.

At the White House last week, Mr. Obama said, “On July 1st, uninsured Americans who’ve been locked out of the insurance market because of a pre-existing condition will now be able to enroll in a new national insurance pool, where they’ll finally be able to purchase quality, affordable health care, some for the very first time.”

A new study by the Congressional Budget Office says the money will “not be sufficient to cover the costs of all applicants.” If more than 200,000 people participate, the budget office said, “the available funds will probably be exhausted prior to 2013.” Consumers or states could then be left in the lurch, seeking other sources of coverage. Some governors cited this concern in deciding not to apply for federal money.

Richard S. Foster, the chief actuary at the Department of Health and Human Services, said 375,000 people could gain coverage in high-risk pools this year. But he predicted, “By 2011 and 2012, the initial $5 billion in federal funding would be exhausted.”

Richard W. Figueroa, an aide to Gov. Arnold Schwarzenegger of California, said the state expected to submit its proposal this week. The goal, he said, is to start enrolling people in August, for coverage that would start in September, assuming the Legislature authorizes the program.  California expects to receive $761 million in federal money, which is 50 percent more than any other state, and expects to enroll about 25,000 people.

Thirty-five states already have high-risk pools, financed by a combination of state money, premiums and assessments on insurance companies. Enrollment totals about 200,000. The state pools all operate at a loss, even though they generally charge premiums higher than what will be allowed in the federal program.

Richard Cauchi, a health policy expert at the National Conference of State Legislatures, said states were pursuing different approaches:

¶At least 21 states, including Alaska, California, Maryland and North Carolina, have high-risk pools and will set up new programs with federal money.

¶Some, including Massachusetts, Michigan, New York and Pennsylvania, do not have high-risk pools and will create and administer new programs with federal money.

¶Some states, like Alabama, Minnesota and Texas, have high-risk pools but will not apply for federal money and will let the federal government run the new pools.

¶Other states, like Arizona, Georgia, Nevada and Virginia, never had high-risk pools and will allow federal officials to run the program within their borders.

Travis R. Ford, a spokesman for the Missouri Insurance Department, said the state expected to hire two Blue Cross and Blue Shield plans to manage its new program.

Kären J. Larson, executive director of the Washington State Health Insurance Pool, estimated that 2,300 people would qualify. But she said premiums could be high — $800 a month for a 45-year-old buying a policy with a $500 deductible.


Confirmation Fight on Health Chief
NYTIMES
By ROBERT PEAR
June 21, 2010

WASHINGTON — President Obama’s nominee to run Medicare and Medicaid, Dr. Donald M. Berwick, is a man with a mission, a preacher and teacher who has been showing hospitals how they can save lives and money by zealously adhering to clinical protocols for the treatment of patients.

Hospital executives who have worked with Dr. Berwick describe him as a visionary, inspiring leader.

But a battle has erupted over his nomination, suggesting that Dr. Berwick faces a long uphill struggle to win Senate confirmation.

Republicans are using the nomination to revive their arguments against the new health care law, which they see as a potent issue in this fall’s elections, and Dr. Berwick has given them plenty of ammunition.

In two decades as a professor of health policy and as a prolific writer, he has spoken of the need to ration health care and cap spending and has confessed to a love affair with the British health care system. He has made numerous public appearances to talk about health care and has published a book of his speeches on the topic.

Mr. Obama nominated Dr. Berwick on April 19 to be administrator of the Centers for Medicare and Medicaid Services, the largest purchaser of health care in the United States. The post has been vacant since October 2006, and the need to fill it has become more pressing with passage of the new law. The agency must write and enforce dozens of regulations to expand Medicaid, trim Medicare and test new ways to deliver care.

The Senate Republican leader, Mitch McConnell of Kentucky, describes Dr. Berwick as an “expert on rationing.” Senator Pat Roberts, Republican of Kansas, calls him “the perfect nominee for a president whose aim has always been to save money by rationing health care.”

Dr. Berwick, a pediatrician, is president and co-founder of the Institute for Healthcare Improvement, a not-for-profit organization in Cambridge, Mass.

In an introduction to Dr. Berwick’s book, Dr. Frank Davidoff, a former editor of the Annals of Internal Medicine who works for the institute part time, said, “Don Berwick preaches revolution.”

He is trying to overthrow “a stupid system” that serves the needs of doctors, administrators and insurers rather than patients, Dr. Davidoff said.

Administration officials say they are confident that Dr. Berwick will eventually be confirmed, and they say Republicans have taken his comments out of context. In fact, many of the comments have been repeated, with slight variations, in Dr. Berwick’s articles and lectures over the years.

In an interview last year in the journal Biotechnology Healthcare, Dr. Berwick said, “The decision is not whether or not we will ration care — the decision is whether we will ration with our eyes open.”

Asked about such statements, Reid H. Cherlin, a White House spokesman, said: “Rationing is rampant in the system today, as insurers make arbitrary decisions about who can get the care they need. Don Berwick wants to see a system in which those decisions are transparent, and the people who make them are held accountable.”

In his book, “Escape Fire: Designs for the Future of Health Care,” Dr. Berwick assailed “the dangerous, toxic and expensive assumption that more is better.” He insists that the nation can cut health costs without harming patients because vast sums are misspent.

“I have said before, and I’ll stand behind it, that the waste level in American medicine approaches 50 percent,” he said in an interview in the journal Health Affairs in 2005.

Dr. Berwick has championed efforts to “reduce the total supply of high-technology medical and surgical care” and to consolidate services in regional centers.

Long before the uproar over “death panels” last year, Dr. Berwick was urging health care providers to “reduce the use of unwanted and ineffective medical procedures at the end of life.”

“Using unwanted procedures in terminal illness is a form of assault,” he said at the annual conference of his institute in 1993. “In economic terms, it is waste.”

On more than one occasion, Dr. Berwick has suggested a need for a cap on total health spending, with limits on annual increases.

In speeches and articles celebrating the 60th anniversary of Britain’s National Health Service in 2008, Dr. Berwick said he was “in love with the N.H.S.” and explained why it was “such a seductress.”

“The N.H.S. is not just a national treasure,” he wrote; “it is a global treasure.”

Among its virtues, he told a British audience, is that “you cap your health care budget.”

Instead of trying to protect the wealthy, Dr. Berwick wrote, the British recognized that “sick people tend to be poorer and that poor people tend to be sicker, and that any health care funding plan that is just must redistribute wealth.”

Dr. Berwick offered a suggestion to the British: “Please don’t put your faith in market forces.”

“In the United States,” he wrote, “competition is a major reason for our duplicative, supply-driven, fragmented care system.”

Senator Charles E. Grassley of Iowa, the senior Republican on the Finance Committee, said he had no doubts about Dr. Berwick’s academic and professional qualifications, but wanted him to explain his comments on rationing.

“It doesn’t help him to say good things about the British health care system,” Mr. Grassley said after meeting with Dr. Berwick on Wednesday. Whatever doubts might exist in Washington, Dr. Berwick has fans in hospitals around the country.

Theodore E. Townsend, president of St. Luke’s Hospital in Cedar Rapids, Iowa, said: “Dr. Berwick has inspired me and this community. He has used his charisma and his leadership ability to improve the quality of care at hundreds and hundreds of hospitals. I can’t think of anyone else who has had that kind of impact.”

Donna C. Isgett, senior vice president of McLeod Health in Florence, S.C., said Dr. Berwick had been “instrumental in catapulting us to a much higher level of care.”

“He rolled up his sleeves and worked with our employees to reduce medication errors, infections, accidental falls and mortality rates,” Ms. Isgett said. “We are not a prestigious institution in Boston. We serve rural counties in one of the poorest regions of the country, but Don has been here and knows us.”


You're losing your plan
NYPOST
By SCOTT GOTTLIEB
Last Updated: 4:33 AM, June 14, 2010
Posted: 1:16 AM, June 14, 2010

Late last week saw the first leaks of the administration's draft regulations for imple menting the ObamaCare law -- and everything is playing out just as the critics warned.

The 3,000-odd pages of legislation left most of the really important (and controversial) policy decisions to the regulations that government agencies were told to issue once the bill passed. Now that those regs are starting to take shape, it's clear that the Obama team is using its new power to exert tight control over the payment and delivery of all formerly "private" health insurance.

The ObamaCare law references the Secretary of Health and Human Services almost 2,200 times and uses the phrase "the secretary shall" more than 725. Each reference requires HHS to set new rules on medical care, giving control to an existing federal office or one of 160 new agencies that the bill created.

HHS Secretary Kathleen Sebelius (who was once the Kansas state-insurance commissioner) has taken to these tasks with zeal. In some circles, she's now known as the nation's "insurance regulator in chief."  She's starting off by applying new regs to health plans offered by large employers -- even though these costly rules were supposedly only going to apply to plans sold in the state insurance "exchanges" that don't get created until 2014. This twist is spelled out in an 83-page draft of a new regulation that leaked late last week.

Bottom line: Sebelius means to dictate what your insurance plan must look like almost from day one, no matter how you get your coverage.  Indeed, the draft regs envision more than half of all policies having to change within three years -- an unmistakable break with President's Obama's oft-repeated promise, "If people like their insurance, they will be able to keep it."

Yet that may be the least of the broken promises.

Ultimately, these rules force consumers to buy one of just four health policies -- which vary mostly only by trading off higher co-payments for lower premiums, while offering essentially the same actual benefits. In arguing for passage of the law, ObamaCare's defenders claimed the rules were aimed at health plans sold in the "exchanges." Oops: Now Sebelius is applying them to employer plans. Eventually, this would force all but the very wealthiest Americans into a single government-designed insurance scheme.

This is far from the only area where Secretary Sebelius is exploiting the law's fuzzy language to tighten her control over the private insurance market. In recent weeks, she has said that the new law gives her authority to review and even set the rates on health policies sold in private markets, a role previously left to state insurance regulators.

The ObamaCare bills were written to paper over an intellectual divide between White House economists and HHS policy wonks. Some economists wanted genuine competition to take root in the new federally managed insurance "exchanges." The HHS crew favored a one-sized government plan with tight federal regulation over benefits.

The law itself didn't explicitly side with either school -- but it did leave the writing of the implementing regs to those same HHS wonks. Unfortunately, those more moderate White House economists are now leaving the administration, including the rumored departure of widely admired businessman and health-care expert Robert Kocher.

Washington insiders refer to this HHS team as "true believers" -- a group of earnest, left-leaning activists who've long favored a single nationalized health plan. They are massaging the law's vagueness to give themselves the tight federal control over health care that will bring their vision into practice.

Critics warned that the Obama bill meant a federal takeover of health care, with Washington bureaucrats making core decisions about medical care. With ObamaCare taking shape, that's exactly what consumers are getting. Saying "we told you so" is no consolation to those who took the president at his word.

Scott Gottlieb, a physician and American Enterprise Institute fellow, was a senior official at the Centers for Medicare and Medicaid Services. He is partner in a firm that invests in health-care companies.




DROPPING THE OTHER SHOE
Members of the State Post Employment Benefits Commission review a new analysis of state retiree health care costs. From left: AFSCME Council 4 Executive Director Salvatore Luciano, Thomas Woodruff, director of health care policy for the state comptroller, and health care actuary William Thompson with Milliman Inc. (Keith M. Phaneuf)

State faces hefty up-front costs to fix its retiree benefits system;  full story here.
Keith M. Phaneuf, CT MIRROR
June 7, 2010

State officials recently got their first glimpse of the cost of escaping a pay-as-you-go health insurance program for retired workers, and it wasn't pretty.

But on a long-term basis, the state's health care consultants said, it's far less expensive the the current practice of paying the bills out-of-pocket.

A preliminary analysis issued last week to the Post Employment Benefits Commission projected that annual spending, which currently approaches $500 million, will rise on the pay-as-you-go plan so that the average cost over the next 28 years will be $1.9 billion--a total outlay in excess of $53 billion.

If the state adopts a longer-term plan for funding the costs, the annual outlay would jump immediately to $1.2 billion, according to Milliman Inc. of Windsor, which provides health care consulting and actuarial services for the state comptroller's office--but then stay relatively stable over 28 years, for a total outlay of roughly $34 billion.

Both scenarios could be dramatically affected if health care costs grow in excess of projections, Milliman warned...

The commission was given a July 1 deadline to submit cost-saving recommendations to the governor's office, but Cicchetti said the panel still is awaiting further analysis of both health insurance and pension costs, and may need to seek a short extension into the summer.


SustiNet board outlines 'public option' for health coverage in Connecticut
Jacqueline Rabe, CT MIRROR
May 27, 2010

A plan for a public health care option in Connecticut - dubbed SustiNet - was released today in response to the new federal health care law.

"It's an outline of what we are looking at," said state Comptroller Nancy Wyman, also the co-chairwoman of the SustiNet Health Partnership Board that released the report. "We are ahead of most states. We have a plan that fits perfectly with the federal law. It’s amazing. We really are in good shape to go forward with the public option.”

Final draft legislation with detailed recommendations for implementing SustiNet will be made by the end of the year so the new General Assembly and governor can consider the package in 2011.

Kevin Lembo, co-chair of the SustiNet board and the state healthcare advocate, has said this plan, if adopted, would go above and beyond the federal reform.

"They set this new federal floor. Some states will chose to do nothing additional, but Connecticut I am confident will go above that," Lembo said two days after the federal law was signed in March by President Barack Obama.

The SustiNet plan would offer a public insurance option to employees at the state's small businesses, non-profits and municipalities beginning July 1, 2012. The federal health reform does not include a public option.

But nothing would take effect without approval by the legislature and governor.

Republican Gov. M. Jodi Rell is not expected to sign such legislation, as she vetoed the bill in 2009 that created this panel responsible with crafting a public option. It took a veto override by the Democratic majority to launch SustiNet.

With Rell not seeking re-election, a new governor will consider any legislation implementing a public insurance plan. If another Republican wins the office and vetoes the plan, the Democrats' ability to override will depend on their success in the November legislative elections. If Republicans win one more seat in the Senate, they will have enough votes to sustain a veto.

There are currently 305,000 people - or 10.4 percent of the state's population- with no insurance, reports the Urban Institute, a national healthcare non-profit think tank. Of that population, 57,000 people are currently eligible for Medicaid but have not enrolled.

Rell has endorsed portions of the federal reform law, but only as long as it doesn't cost the state money. The state has applied for federal reimbursements for the state's low-income SAGA health plan - a move expected to net $49.3 million in new revenue for the state through next fiscal year if approved.

Rell also wrote U.S. Health and Human Services Secretary Kathleen Sebelius last week to inform her the state would be applying soon to create a federally subsidized high-risk pool for state residents with preexisting conditions.




VERY INTERESTING SERIES OF DEBATES ACROSS THE POND
Three leaders after third after second (l) and last of three debates (c),  and their surrogates on health care (r) - in a NOT League-like moderated debate!

Election 6 May 2010...
Parties argue over NHS improvements amid cash squeeze


Labour have warned the NHS in England would return to "the bad old days" under a Tory government as the parties argue over the health service's future.

Health Secretary Andy Burnham told the Daily Politics that, if re-elected, Labour would "protect" standards even though funding would be much tighter.  Tory counterpart Andrew Lansley said the NHS was their top priority but change was needed to make it better.  Lib Dem spokesman Norman Lamb said he would oppose any "slash and burn" cuts.

The three men set out their vision for the future of the NHS in England after the election, and how it will cope in an era when public spending is likely to be squeezed.  Labour have pledged to protect "frontline services" from future spending cuts while the Conservatives have said they would increase the NHS budget in real terms every year.

'Good service'

The Lib Dems have not ruled out cutting some NHS budgets, saying "significant" savings can be made in administration costs, but that funds will be re-invested in improved patient care.

Mr Burnham said the NHS faced perhaps its toughest challenge over the next few years but insisted the budgets of England's primary care trusts would rise 5% this year and be maintained in real terms in the two years after that.

"This locks in all of the funding increase Labour has put into the NHS over the past decade," he said.

Labour had transformed the NHS over the past year 13 years, he said, "making a poor service a good service for the vast majority today".
   
If the Conservatives won the election, he said the gains of recent years could be lost and a return to "chaos in A&E departments", an increase in waiting lists and "postcode prescribing".

Mr Lansley said the Tories were the only party committed to real terms funding increases across the NHS but changes were needed to give patients more control over their care and reducing its "vast" bureaucracy.

"We can't make the sick in this country pay for Labour's debt crisis," he said.

Both opposition parties attacked what they said had been the growth in NHS administrators in recent years, claiming the NHS had taken on an extra 5,000 managers alone in the last year.

Mr Burnham said many of these were clinical staff and the number of nurses had increased by 90,000 since Labour first came to power.

Row over guarantees

The spokesmen also clashed over the future of Labour's two-week cancer guarantee, with Mr Burnham pressing his counterpart over whether people would still be able to see a specialist within two weeks of GP referral.

"It is absolutely legitimate for me to say that if these standards are taken away from the NHS people will wait longer for getting crucial cancer care," he said.

Mr Lansley said he would scrap "politically motivated" NHS targets but keep those that were "clinically justified".

Asked whether this meant the cancer guarantee would remain in place, he said "yes", adding that people in that situation "should see see a specialist rapidly".

But he said these commitments must run alongside more focus on improving cancer survival rates by investment in technology and drugs.  Mr Lamb said local communities must have more say over the future of hospital services and threatened closures.

"We all know the next few years a going to be really tough for the NHS," he said.

"We can either go for slash and burn of services or we can re-design the way the NHS works to make the money go further and protect patient services."

Both Mr Lansley and Mr Lamb called for a review of the licensing laws to address concerns about binge drinking.

Asked about care for the elderly, Mr Burnham said he would work to build a consensus over the issue but said Tory plans for a voluntary levy would not end the fear of people having to sell their homes to fund care.

Mr Lansley said Labour had no idea about how it would pay for its own plans for a national care service.

Mr Lamb said reform was "long over-due" and an agreement was possible within a year "if we have the will".




Report: Health overhaul will increase nation's tab
YAHOO
April 22, 2010

WASHINGTON – Government economic forecasters say President Barack Obama's health care overhaul will increase the nation's health care tab instead of bringing costs down. The report by economic experts at the Health and Human Services Department, released late Thursday, says the health care remake will achieve Obama's aim of expanding coverage.

But the report says that the law falls short of the president's twin goal of controlling runaway costs. And it warns that Medicare cuts may be unrealistic and unsustainable.

The first comprehensive look at the health care law by neutral experts amounts to a mixed report card for Obama's top priority during his first year in office.


Study: Malpractice worries help drive health costs
YAHOO
By STEPHANIE NANO, Associated Press Writer
Tue Apr 13, 5:15 pm ET

NEW YORK – A substantial number of heart doctors — about one in four — say they order medical tests that might not be needed out of fear of getting sued, according to a new study.  Nearly 600 doctors were surveyed for the study to determine how aggressively they treat their patients and whether non-medical issues have influenced their decisions to order invasive heart tests.  Most said they weren't swayed by such things as financial gain or a patient's expectations. But about 24 percent of the doctors said they had recommended the test in the previous year because they were worried about malpractice lawsuits. About 27 percent said they did it because they thought their colleagues would do the test.

Doctors who treated their patients aggressively were more likely to be influenced by malpractice worries or peer pressure than those who weren't as aggressive, the study determined.  The research was done to see whether doctors' attitudes and practices might be contributing to the wide differences in health care use and spending across the country.

"We have known for a long time that where you live has an influence on what kind of health care you get and how much health care you get," said Lee Lucas, lead author of the study and associate director of the Center for Outcomes Research and Evaluation at Maine Medical Center in Portland.

Some of the reasons are known: differences in disease rates, patient preferences and the availability of medical services or hospital beds. And more care isn't necessarily better care, Lucas noted.  For the study, the doctors were asked to recommend tests and treatment for three hypothetical heart patients. Their answers were used to score them on how aggressively they tend to treat patients.

Using Medicare records, the researchers found that doctors with higher scores were more likely to be in the areas with higher spending overall or higher rates for a heart test, although the differences were small.

The doctors were also asked whether other issues had led them to recommend the heart test — called a cardiac catheterization — during which a thin tube is threaded to the heart to check how well it is working and to look for disease.  The researchers suggest that targeting malpractice concerns could help reduce the regional differences.

"We need a way for docs to be less afraid of not ordering a test," said Lucas.

Medical malpractice was part of the health care reform debate, but didn't make it into the recently approved legislation. The new law does include pilot programs for states to explore alternatives to lawsuits.  The study was released Tuesday by the journal Circulation: Cardiovascular Quality and Outcomes.  The results support moving toward more integrated health care, and away from fee-for-service payments, and working on malpractice reforms, said Kenneth Thorpe, a professor of health policy at Emory University in Atlanta.

Lucas said patients can help by not pressuring their doctors to do tests.

"If he says you don't need it, let it go," she said.



Mass. medical mess
NYPOST
By RICH LOWRY

Last Updated: 4:32 AM, April 10, 2010
Posted: 12:05 AM, April 10, 2010

President Obama has an unsettling defense of his health-care reform -- it's merely a version of the plan implemented by Massachusetts.

Obama wants to associate his reform with the one championed by Mitt Romney in 2006 when he was governor of the Bay State. If the liberal Democrat Obama and the conservative Republican Romney passed similar plans, what can be so radical about Obama's reform?

This is superficially clever. It not only gives Obama's plan a centrist patina, it shines a light on a significant obstacle to Romney's likely repeat bid for the Republican presidential nomination. Except for the fact that the Massachusetts reform is spiraling out of control.

If the states are the laboratories of democracy, ObamaCare's Menlo Park is about to blow up. Unsustainably high costs and high insurance premiums are leading inexorably toward price controls and rationing. Obama might as well boast that he's adopted a version of the California fiscal plan, or the Michigan economic-recovery plan.

Obama is correct that his plan and Romney's share essential features: a mandate that individuals buy insurance, fines on business for not offering coverage, heavily regulated insurance exchanges, large-scale insurance subsidies and Medicaid expansion. They share something else -- utterly fanciful notions of cost control.

Romney believed -- and still maintains to this day -- that emergency-room visits by the uninsured shifted costs onto everyone else. Never mind that in post-reform Massachusetts there are just as many non- emergency visits to the emergency room as previously, even though only 3 percent of people are uninsured. Many of these patients simply have trouble finding a doctor, a shortage the Massachusetts reform only exacerbates.

Massachusetts has created a different cost-shift problem through its ObamaCare-style guarantee that people can wait to get coverage until they're sick or want medical procedures. The Boston Globe reports, "Thousands of consumers are gaming Massachusetts' 2006 health-insurance law by buying insurance when they need to cover pricey medical care, such as fertility treatments and knee surgery, and then swiftly dropping coverage, a practice that insurance executives say is driving up costs for other people and small businesses."

Predictably, costs in Massachusetts -- always high -- have only gone higher; the state now spends about 30 percent more per capita on health care than the rest of the nation. Predictably, the insurance regulations have only made insurance more expensive, as has been the case elsewhere; premiums in the individual market have been growing at a 30 percent annual rate. Predictably, the new health-care program has cost more than expected; spending grew by about 40 percent from 2006 to 2009.

At first, Massachusetts plugged the holes with more taxes and fees. Now, just as Obama is hailing the state as his opening act, it is moving to the next inevitable phase: unapologetic price controls.

The state's regulators have rejected 235 of 274 premium increases proposed by insurers, in an extraordinary exercise of a power that had sat idle on the books since 1977.

As The Wall Street Journal points out, the big insurers in Massachusetts are nonprofits like Blue Cross Blue Shield and Harvard Pilgrim, hardly the comic-book villains of liberal rhetoric. The state's arbitrary clamp-down on rates will force insurers to cut access to care, or go out of business. As subtle as a knee-capping, the state's move is rationing by proxy.

Insurers have taken to the courts, and most of them stopped offering new coverage for individuals and small businesses pending a ruling on their request for an injunction. Massachusetts Gov. Deval Patrick, meanwhile, wants the power to review the rates of hospitals and doctors and disallow those deemed too high.

And so the free lunch promised Massachusetts in 2006 devolves toward a fiscally beleaguered government setting prices and limiting care, exactly the downward spiral critics fear from ObamaCare. At least Romney can say he didn't know how his experiment would end. Obama has been warned, and still embraces Massachusetts as our national future.



AT&T will take $1B non-cash charge for health care
By BARBARA ORTUTAY, AP Technology Writer
26 March 2010

NEW YORK – AT&T Inc. will take a $1 billion non-cash accounting charge in the first quarter because of the health care overhaul and may cut benefits it offers to current and retired workers.

The charge is the largest disclosed so far. Earlier this week, AK Steel Corp., Caterpillar Inc., Deere & Co. and Valero Energy announced similar accounting charges, saying the health care law that President Barack Obama signed Tuesday will raise their expenses.

All four are smaller than AT&T, and their combined charges are less than a quarter of the $1 billion that AT&T is planning. The $1 billion is a third of AT&T's most recent quarterly profit. In the fourth quarter of 2009, the company earned $3 billion on revenue of $30.9 billion.

AT&T said Friday that the charge reflects changes to how Medicare subsidies are taxed. Companies say the health care overhaul will require them to start paying taxes next year on a subsidy they receive for retiree drug coverage.

White House spokesman Robert Gibbs said Thursday that the tax law closed a loophole.

Under the 2003 Medicare prescription drug program, companies that provide prescription drug benefits for retirees have been able to receive subsidies covering 28 percent of eligible costs. But they could deduct the entire amount they spent on these drug benefits — including the subsidies — from their taxable income.

The new law allows companies to only deduct the 72 percent they spent.

AT&T also said Friday that it is looking into changing the health care benefits it offers because of the new law. Analysts say retirees could lose the prescription drug coverage provided by their former employers as a result of the overhaul.

Changes to benefits are unlikely to take effect immediately. Rather, the issue would most likely come up as part of contract negotiations between the company and unions representing its employees and retirees. AT&T is the largest private employer of union workers in the U.S.

Candice Johnson, spokeswoman for the Communications Workers of America, which represents more than 160,000 AT&T workers, said these employees have contracts in place until 2012. An agreement covering retirees also runs through 2012.

AT&T rival Verizon Communications Inc. was among 10 companies that sent a letter to congressional leaders in December warning that their costs would increase with the health care changes. Verizon did not immediately return a phone call seeking comment.

Shares in AT&T, which is based in Dallas, climbed 9 cents to close Friday at $26.24.



Democrat CT Rep. John Larson with Speaker, carrying a big "stick."  Republican view - cartoon on health care "campaign."

Barack's Bravado

Weekly Standard
BY William Kristol
March 25, 2010 4:55 PM

In Iowa City today, President Obama mocked Republicans' efforts to repeal his new health care law. He dared them to "Go for it," and asserted, "I welcome that fight. Because I don't believe the American people are going to put the insurance industry back in the driver's seat."

The insurance industry is a diverting talking point, but it’s not going to work. Republicans simply have to say: Barack Obama’s legislation would put the government in the driver’s seat of a giant, poorly-constructed bus in which we’re simply helpless passengers. Republican reforms would put American families in the driver’s seat of cars of their choice. Which do you prefer?

Republicans should take up the president on his dare. They should say, "Thank you Mr. President, we are going for it. And we're going to win."


13 attorneys general sue over health care overhaul
YAHOO
By BRENDAN FARRINGTON, Associated Press Writer
23 March 2010

TALLAHASSEE, Fla. – Attorneys general from 13 states sued the federal government Tuesday, claiming the landmark health care overhaul is unconstitutional just seven minutes after President Barack Obama signed it into law.

The lawsuit was filed in Pensacola after the Democratic president signed the 10-year, $938 billion bill the House passed Sunday night.

"The Constitution nowhere authorizes the United States to mandate, either directly or under threat of penalty, that all citizens and legal residents have qualifying health care coverage," the lawsuit says.

Legal experts say it has little chance of succeeding because, under the Constitution, federal laws trump state laws.  Florida Attorney General Bill McCollum is taking the lead and is joined by attorneys general from South Carolina, Nebraska, Texas, Michigan, Utah, Pennsylvania, Alabama, South Dakota, Idaho, Washington, Colorado and Louisiana. All are Republicans except James "Buddy" Caldwell of Louisiana, a Democrat.

Some states are considering separate lawsuits — Virginia filed its own Tuesday — and still others may join the multistate suit. In Michigan, the Thomas More Law Center of Ann Arbor, a Christian legal advocacy group, sued on behalf of itself and four people it says don't have private health insurance and object to being told they have to purchase it.

McCollum, who is running for governor, argues the bill will cause "substantial harm and financial burden" to the states.

The lawsuit claims the bill violates the 10th Amendment, which says the federal government has no authority beyond the powers granted to it under the Constitution, by forcing the states to carry out its provisions but not reimbursing them for the costs.  It also says the states can't afford the new law. Using Florida as an example, the lawsuit says the overhaul will add almost 1.3 million people to the state's Medicaid rolls and cost the state an additional $150 million in 2014, growing to $1 billion a year by 2019.

"We simply cannot afford to do the things in this bill that we're mandated to do," McCollum said at a press conference after filing the suit. He said the Medicaid expansion in Florida will cost $1.6 billion.

"That's not possible or practical to do in our state," he said. "It's not realistic, it's not right, and it's very, very wrong."

South Carolina Attorney General Henry McMaster, who is also running for governor, said the lawsuit was necessary to protect his state's sovereignty.

"A legal challenge by the states appears to be the only hope of protecting the American people from this unprecedented attack on our system of government," he said.

But Lawrence Friedman, a professor who teaches constitutional law at the New England School of Law in Boston, said before the suit was filed that it has little chance of success. He said he can't imagine a scenario where a judge would stop implementation of the health care bill.  Still, McCollum said he expects the U.S. Supreme Court will eventually decide if the overhaul is constitutional.

"This is not lawful," he said. "It may have passed Congress, but there are three branches of government."

Some states are looking at other ways to avoid participating. Virginia and Idaho have passed legislation aimed at blocking requirements in the bill, and the Republican-led Legislature in Florida is trying to put a constitutional amendment on the ballot to ask voters to exempt the state from the federal law's requirements. At least 60 percent of voters would have to approve.  Under the bill, starting in six months, health insurance companies would be required to keep young adults as beneficiaries on their parents' plans until they turn 26, and companies would no longer be allowed to deny coverage to sick children.

Other changes would not kick in until 2014.  That's when most Americans will for the first time be required to carry health insurance — either through an employer or government program or by buying it themselves. Those who refuse will face tax penalties.

"This is the first time in American history where American citizens will be forced to buy a particular good or service," said Nebraska Attorney General Jon Bruning, who is also president of the National Association of Attorneys General, explaining why his state joined the lawsuit.

Tax credits to help pay for premiums also will start flowing to middle-class working families with incomes up to $88,000 a year, and Medicaid will be expanded to cover more low-income people.  No Republicans in the U.S. House or Senate voted for the bill.


Victory doesn't finish fight for Dems
NYPOST
By KIRSTEN POWERS
Last Updated: 9:04 AM, March 22, 2010
Posted: 12:49 AM, March 22, 2010

Last night, Democrats got the votes they needed to pass the Senate health-care bill -- put over the top by a group of pro-life Democrats who had been threatening to scuttle it.

The bill is truly historic -- the largest change to the health-care system in generations -- but hardly the "radical" makeover the Republicans have made it out to be. It doesn't contain a "public option," much to the dismay of many Democrats, but it will provide health insurance to another 32 million Americans.

GOP pundits are predicting that Democrats will pay a pretty price in the voting booths for going against the polls that show Americans unenthusiastic about ObamaCare. But this is the same gang who heaped praise when George "I-don't-read-polls" Bush pushed ahead with "the surge" in face of public opposition to the Iraq War.

One thing is clear: President Obama and Speaker Nancy Pelosi both view health-care reform as their legacy -- and both were willing to lay everything on the line for it.

They should be praised for following their convictions and fighting for reform. Obama, who had too long kept a distance, put his prestige on the line to push through the measure -- and it paid off.

Democrats know they're taking a risk -- but a calculated one. With the bill finally becoming law, Americans will see its immediate benefits -- and also realize how exaggerated the GOP claims of a "government takeover" really were.

This is hardly the first time Republicans have predicted that a piece of legislation would mean the end of America as we know -- only to embrace it later when Americans come to love it. Take Medicare, the massive socialized government-run medical system the GOP has made central to its "Senior's Health Care Bill of Rights."

We've come a long way from 1961, when Ronald Reagan warned Americans that, "If you don't [stop Medicare] and I don't do it, one of these days you and I are going to spend our sunset years telling our children and our children's children what it once was like in America when men were free."

Sound familiar? Now the GOP warns against Medicare cuts and points to elderly people who oppose "socialized medicine" (unless it is for them) as proof that Obama's health-care plan is bad for America.  But Dems shouldn't spend too long sipping the champagne. Last night's victory was huge, but the fight is far from over.

Next, the Senate must pass the reconciliation bill. If the Republicans succeed with some parliamentary challenges, the House will have to vote on the entire bill again.  But the real fight begins the day after Obama signs the bill into law.

That's when Republicans will step up their counteroffensive, and Sarah Palin will make baseless accusations from her Facebook page. If Team Obama is as slow-footed as it has been in the past, it'll lose the PR battle, and Americans will hate the bill no matter how great it is.

If, on the other hand, the president stays engaged in the process and continues to sell the reform package -- highlighting provisions that go into immediate effect -- the bill could redound to Democrats' benefit.  Polls show that people support most or all of the bill's components. What they hate is the "massive socialized government health-care system" that can't be found anywhere in the bill.

Americans will have no issue in taking advantage of key provisions such as allowing their children to stay on their insurance until age 26. You'll be hard pressed to find anyone complaining about the ban on preexisting conditions or lifetime caps by insurance firms.  The Obama administration's challenge now is to keep sharing stories of real Americans who benefit from this bill and beating back false accusations or exaggerations about what the bill does.

It has won the battle. It just needs to not forget about the war.


Dem win is built on sand

New York Post
By RICH LOWRY
Last Updated: 8:55 AM, March 22, 2010
Posted: 4:56 AM, March 22, 2010

The passage of ObamaCare last night was the high-water mark of the Democratic ascendancy.

Democrats forced through their signature initiative in an act of ideological heedlessness that will cost them seats and perhaps their majorities in the fall, and will remain a source of poisonous contention in American politics for years to come.

The vote represented a significant personal victory for House Speaker Nancy Pelosi, who scoffed at scaling back Democratic ambitions in the wake of the loss of Ted Kennedy's seat in Massachusetts.  She prevailed in internal Democratic deliberations and then personally lobbied a list of 68 waverers, resorting as necessary to "scary tough" tactics, in the words of an anonymous Democrat quoted by The New York Times.

Pelosi yesterday wielded the same sledgehammer-like gavel used during the 1965 enactment of Medicare, an apt symbol of the Democrats' historic commitment to the expansion of the social welfare state.  If the enactment of a program for universal coverage fulfills a long-standing goal of the Democrats, this wasn't how it was supposed to happen -- with public opinion firmly opposed, with protesters chanting just steps away from the Capitol, with procedural contortions and brazen deals, with blatantly dishonest accounting, with a wave of popular revulsion threatening to undo their work.

Democrats sealed their majority yesterday with a characteristically farcical deal over abortion.

The Senate bill provides federal funding for the procedure, in a departure from the long-standing prohibition of such funding under the Hyde Amendment. Pro-life Democrats led by Michigan's Rep. Bart Stupak didn't want to support the Senate bill without the Hyde-like restrictions that were in the version first passed the House.  But they folded for a legally meaningless executive order purporting to preserve the status quo as defined by Hyde.  The bill makes the entire category of "pro-life Democrat" look dubious.

The question now is whether Democrats have built their reform on a rock or on sand.  If they had stacked the bill so the major benefits came first, underpromised so it would exceed expectations once enacted and designed it to be fiscally sustainable, it'd rest on a solid foundation.

Instead, desperate to sell the unpopular reform in a center-right country, they've done the opposite on all counts:

* They backloaded the benefits to keep the official costs in the first 10 years just under $1 trillion. This makes the bill vulnerable to rollback or diminishment over time, especially as representations made about it prove untrue.

* The bill won't reduce premiums and costs as Obama promises.

* As its tawdry fiscal tricks -- double-counting revenue, keeping inconvenient new spending off the books, assuming unlikely Medicare savings -- get exposed in the harsh light of reality, Obama's description of the bill as an indispensable deficit-reduction measure will look equally cynical and laughable.

For all that, the left's investment in Obama beginning in the 2008 nomination contest has been vindicated. He promised to reject Clintonian triangulation, and he has. He talked of transforming the country, and has taken a major step toward social democracy in America.

Despite his silky rhetoric, when push came to shove, he adopted the partisan hardball beloved by lefty bloggers to forestall serious compromise and work his ideological will.  Obama stands exposed as the kind of unabashed liberal Democrat who hasn't won a presidential election since 1964. The first electoral test for this iteration of Obama, shorn of all pretense to moderation, comes in November.

The mid-term elections will in large part be a referendum on health care, as the exclamation point on top of a vaulting agenda of government aggrandizement.  Democrats won the battle within their caucus to pass a large-scale bill that threatens to change the relationship between citizen and government. But they haven't yet won the battle for the country.

That begins today.




Final health bill omits some of Obama's promises
YAHOO
By ERICA WERNER, Associated Press Writer
Fri Mar 19, 4:18 pm ET

WASHINGTON – It was a bold response to skyrocketing health insurance premiums. President Barack Obama would give federal authorities the power to block unreasonable rate hikes.

Yet when Democrats unveiled the final, incarnation of their health care bill this week, the proposal was nowhere to be found.

Ditto with several Republican ideas that Obama had said he wanted to include after a televised bipartisan summit last month, including a plan by Sen. Tom Coburn of Oklahoma to send investigators disguised as patients to hospitals in search of waste, fraud and abuse.

And those "special deals" that Obama railed against and said he wanted to eliminate? With the exception of two of the most notorious — extra Medicaid money for Nebraska and a carve-out for Florida seniors faced with losing certain extra Medicare benefits — they are all still there.

For the White House, these were the latest unfulfilled commitments related to Obama's health care proposal, starting with his campaign promise to let C-SPAN cameras film negotiations over the bill. Obama also backed down with little apparent regret on his support for a new government-run insurance plan as part of the legislation, a liberal priority.

But was it all the president's doing?

In the cases of the insurance rate authority, the Republican ideas and the special deals, it came down to Obama making promises that Congress didn't keep. He can propose whatever he wants, but it's up to Congress to enshrine it into law.

Arguably, the president could have foreseen that outcome, and was making a low-risk p.r. move by floating proposals — dismissed by critics as insubstantial anyway — whose demise he couldn't be blamed for.

While the White House worked hard to trumpet Obama's plans for the rate authority, his embrace of bipartisanship and his opposition to special deals, the administration hardly advertised the lack of follow-through. Understandable, certainly, but perhaps not the new way of doing business that Obama promised to bring to Washington.

Removing the special deals ran into opposition from powerful lawmakers including Sens. Chris Dodd, D-Conn., and Max Baucus, D-Mont. The rate-limiting authority and the Republican ideas were left out of the legislation because the bill is going to be considered under special filibuster-proof Senate rules that prohibit provisions that don't have a budgetary impact, and those ideas don't fit in.

"There are a number of proposals that the president wanted to incorporate into the legislation including additional Republican proposals, but the parliamentarian ruled against allowing those proposals to be included," said White House spokesman Reid Cherlin. "We would like to enact those proposals in separate legislation in the coming months. In the meantime, some important Republican measures remain."

Of the four main Republican ideas Obama endorsed, only one made it into the final bill — a proposal embraced by Sen. Charles Grassley of Iowa to bump up payments to primary care physicians under Medicaid. A proposal to expand the use of health savings accounts was rejected out of hand by congressional Democrats, while a plan to increase funding for medical malpractice reform projects was also determined to be undoable under fast-track Senate rules.

Coburn's spokesman, John Hart, complained that Democrats "found time to buy votes with earmarks but couldn't include bipartisan ideas endorsed by President Obama." House Minority Leader John Boehner, R-Ohio, had dismissed the GOP ideas Obama endorsed as "bread crumbs" sprinkled atop the health bill — and now even most of those bread crumbs are blown away.

At the same time, Baucus got to keep a provision to give Medicare benefits to asbestos-sickened residents of Libby, Mont., and Dodd still has one that could result in a new hospital being built at the University of Connecticut. Both senators argue their special deals aren't really special deals, because the Medicare provision could apply to other places where public health emergencies are declared, and other sites outside of Connecticut could be eligible for the hospital.

Most of the provisions of the health care bill don't kick in until 2014, so Obama still has time to make good on everything he promised — or try to get Congress to do so.

"To hold the president accountable for every single provision he advocates for is simply unreasonable," said Alec Vachon, a health policy consultant and former Republican Capitol Hill aide. "Some things aren't in there because the members of Congress who have the votes don't want it. Some things aren't in there because congressional rules which Republicans will be enforcing won't allow it. But Democrats will have three years to tinker with health reform before universal coverage goes live."



State to use stimulus funds for health info network
DAY
Article published Mar 16, 2010


Almost $7.3 million in federal stimulus funds will be used to build an information technology network for health care systems in Connecticut, Gov. M. Jodi Rell announced Monday.

"These funds allow us to bring tremendous changes to the way health care is delivered in Connecticut," Rell said in a news release. "The result will be a more efficient system with less paperwork for patients and providers. Ultimately, every citizen will have an electronic record."

The new system, she said, will be "secure and cost-effective" and will help lower costs for care, reduce medical errors and, ultimately, be part of a nationwide health information exchange.

The state Department of Public Health will lead the effort. All Connecticut doctors, hospitals and other health care organizations will be eligible to participate. The state's Health Information Exchange Advisory Committee also is involved.


Op-Ed Columnist
Health Reform Myths
NYTIMES
By PAUL KRUGMAN
March 12, 2010

Health reform is back from the dead. Many Democrats have realized that their electoral prospects will be better if they can point to a real accomplishment. Polling on reform — which was never as negative as portrayed — shows signs of improving. And I’ve been really impressed by the passion and energy of this guy Barack Obama. Where was he last year?

But reform still has to run a gantlet of misinformation and outright lies. So let me address three big myths about the proposed reform, myths that are believed by many people who consider themselves well-informed, but who have actually fallen for deceptive spin.

The first of these myths, which has been all over the airwaves lately, is the claim that President Obama is proposing a government takeover of one-sixth of the economy, the share of G.D.P. currently spent on health.

Well, if having the government regulate and subsidize health insurance is a “takeover,” that takeover happened long ago. Medicare, Medicaid, and other government programs already pay for almost half of American health care, while private insurance pays for barely more than a third (the rest is mostly out-of-pocket expenses). And the great bulk of that private insurance is provided via employee plans, which are both subsidized with tax exemptions and tightly regulated.

The only part of health care in which there isn’t already a lot of federal intervention is the market in which individuals who can’t get employment-based coverage buy their own insurance. And that market, in case you hadn’t noticed, is a disaster — no coverage for people with pre-existing medical conditions, coverage dropped when you get sick, and huge premium increases in the middle of an economic crisis. It’s this sector, plus the plight of Americans with no insurance at all, that reform aims to fix. What’s wrong with that?

The second myth is that the proposed reform does nothing to control costs. To support this claim, critics point to reports by the Medicare actuary, who predicts that total national health spending would be slightly higher in 2019 with reform than without it.

Even if this prediction were correct, it points to a pretty good bargain. The actuary’s assessment of the Senate bill, for example, finds that it would raise total health care spending by less than 1 percent, while extending coverage to 34 million Americans who would otherwise be uninsured. That’s a large expansion in coverage at an essentially trivial cost.

And it gets better as we go further into the future: the Congressional Budget Office has just concluded, in a new report, that the arithmetic of reform will look better in its second decade than it did in its first.

Furthermore, there’s good reason to believe that all such estimates are too pessimistic. There are many cost-saving efforts in the proposed reform, but nobody knows how well any one of these efforts will work. And as a result, official estimates don’t give the plan much credit for any of them. What the actuary and the budget office do is a bit like looking at an oil company’s prospecting efforts, concluding that any individual test hole it drills will probably come up dry, and predicting as a consequence that the company won’t find any oil at all — when the odds are, in fact, that some of the test holes will pan out, and produce big payoffs. Realistically, health reform is likely to do much better at controlling costs than any of the official projections suggest.

Which brings me to the third myth: that health reform is fiscally irresponsible. How can people say this given Congressional Budget Office predictions — which, as I’ve already argued, are probably too pessimistic — that reform would actually reduce the deficit? Critics argue that we should ignore what’s actually in the legislation; when cost control actually starts to bite on Medicare, they insist, Congress will back down.

But this isn’t an argument against Obamacare, it’s a declaration that we can’t control Medicare costs no matter what. And it also flies in the face of history: contrary to legend, past efforts to limit Medicare spending have in fact “stuck,” rather than being withdrawn in the face of political pressure.

So what’s the reality of the proposed reform? Compared with the Platonic ideal of reform, Obamacare comes up short. If the votes were there, I would much prefer to see Medicare for all.

For a real piece of passable legislation, however, it looks very good. It wouldn’t transform our health care system; in fact, Americans whose jobs come with health coverage would see little effect. But it would make a huge difference to the less fortunate among us, even as it would do more to control costs than anything we’ve done before.

This is a reasonable, responsible plan. Don’t let anyone tell you otherwise.

Dems look to health vote without abortion foes
YAHOO
By ERICA WERNER, Associated Press Writer
March 11, 2010

WASHINGTON – House leaders have concluded they cannot change a divisive abortion provision in President Barack Obama's health care bill and will try to pass the sweeping legislation without the support of ardent anti-abortion Democrats.

A break on abortion would remove a major obstacle for Democratic leaders in the final throes of a yearlong effort to change health care in the United States. But it sets up a risky strategy of trying to round up enough Democrats to overcome, not appease, a small but possibly decisive group of Democratic lawmakers in the House.

Democratic leaders are working to rally rank-and-file members around last-minute agreements on several sticking points, health insurance taxes and prescription drug coverage among them, and dozens of other complicated issues — all as Republicans stand ready to oppose the overhaul en masse.

"We will finish the job," Senate Majority Leader Harry Reid, D-Nev., wrote in a letter to his Republican counterpart describing the path ahead.

Said Sen. Tom Harkin, D-Iowa: "The stars are aligning for victory on comprehensive health reform. The end is in sight."

Democratic Rep. Henry Waxman of California, chairman of the Energy and Commerce Committee, said the leadership will press ahead without reworking the abortion provision, which opponents say falls short in restricting taxpayer dollars for abortion coverage. He predicted some of the anti-abortion lawmakers in the party will end up voting for the overhaul anyway.

One point on which Obama may not get his way is the White House demand for a vote by March 18, a week away. Speaking to reporters after Democrats met for a status report on the emerging health care agreements, House Speaker Nancy Pelosi called the deadline merely "an interesting date."

Before a vote, Pelosi, D-Calif., said lawmakers must first receive a cost report from the Congressional Budget Office on changes to the bill being worked out among the White House and Democratic congressional leaders. After that, it could be a week or more before the legislation goes to the floor.

House Democrats were meeting behind closed doors Thursday to hear a point-by-point briefing on the latest health care compromise from White House health reform director Nancy Ann DeParle. Pelosi asked the members whether they wanted to vote sooner rather than later. They responded with a broad shout of "Yes!" according to lawmakers coming out of the session.

It will come down to a phenomenal effort by congressional leaders and the White House to win over skittish lawmakers after a year of incendiary debate, even as Obama keeps up campaign-style appearances designed to fire up public support.

At stake is the fate of the president's call to expand health care to some 30 million people who lack insurance and to prohibit insurance company practices such as denial of coverage on the basis of pre-existing medical conditions. Almost every American would be affected by the legislation, which would change the ways many people receive and pay for health care, from the most routine checkup to the most expensive, lifesaving treatment.

White House officials and congressional Democratic leaders met Wednesday evening in Pelosi's office. Aides said they agreed on scaling back a health insurance tax that unions oppose, and on gradually closing the Medicare prescription drug coverage gap. They were not far apart on other major issues, including Medicaid financing for states that already provide above-average benefits, and on improving subsidies that would be available under the plan to help individuals and families pay their premiums.

Several Democrats expressed frustration, however, with the absence of cost estimates from the Congressional Budget Office on the latest provisions. They want to ensure the total price tag stays around $950 billion over 10 years.

Those costs would be covered through a combination of Medicare cuts and tax increases. Among the new levies, the Medicare payroll tax would be applied to the investment earnings of upper-income people, including proceeds from capital gains. Until now, the tax has solely been levied on wages.

In a bit of bookkeeping, the Congressional Budget Office on Thursday released its final cost estimates for the bill the Senate passed on Christmas Eve. That 10-year, $875 billion plan would reduce the federal deficit and cover 31 million people who'd otherwise be uninsured. The Senate bill is the foundation of the proposal that Obama wants Congress to pass in the next few weeks. But the numbers will change yet again with the new version.

Obama invited members of the Congressional Black Caucus and the Congressional Hispanic Caucus to meet him Thursday at the White House to discuss the health legislation.

House and Senate Democrats are working on a complex rescue mission for the health care legislation, which appeared on the cusp of passage late last year before Senate Republicans gained the strength to sustain a filibuster that could prevent final passage. The White House is pushing for a vote by the House before Obama leaves on a foreign trip at the end of next week.

The current plan is for the House to approve the Senate-passed bill from late last year, despite serious objections to numerous provisions. Both houses then would pass a second bill immediately, making changes in the first measure before both could take effect. The second bill would be debated under rules that bar a filibuster, meaning it could clear by majority vote in the Senate without Democrats needing the 60-vote supermajority now beyond their reach.

That strategy would leave in place the Senate language on abortion. It would allow health plans receiving federal subsidies in a new insurance marketplace to cover abortion, provided they pay for it only with money collected from policyholders. The House bill would have prohibited health plans receiving subsidies from covering abortions.

Rep. Bart Stupak, D-Mich., has been pushing for the stricter House provisions, saying that he and a dozen or so abortion opponents would vote against the health care bill if the Senate language is retained. But the leadership appears to be moving to call his bluff.

Republicans have vowed to do everything they can to thwart the plan, and for the Democrats, some policy questions remain unsettled.

Obama already has moved to eliminate a couple of special deals in the Senate bill that turned off voters when they became public, including extra Medicaid money for Nebraska — derided by critics as the "Cornhusker kickback." Late Wednesday the White House said the president was pushing to strip out a number of deals that remain, possibly including a provision sought by Sen. Max Baucus, D-Mont., providing Medicare coverage for residents of Libby, Mont., who suffer from asbestos-related illnesses because of a now-closed mining operation.


Nancy's nutty new rules

By GRACE-MARIE TURNER
Last Updated: 1:57 AM, March 10, 2010
Posted: 1:25 AM, March 10, 2010

The next act in the drive to pass ObamaCare is the mother-of-all political maneuvers -- in which Democrats will use an incredibly convoluted and possibly unconstitutional process.

Things were already arcane: President Obama, House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid have been threatening to enact "health-care reform" through the narrow path of budget reconciliation. It's a ploy to allow the Senate to pass "reform" with just 51 votes -- making the election of Scott Brown as the 41st senator against ObamaCare irrelevant.

To use reconciliation, Pelosi must first get House members to vote for the exact bill the Senate passed in December. That is, the House would "keep the process moving" so both the House and Senate could pass a second bill to fix things members don't like in the Senate measure.

But the speaker is having trouble rounding up the 216 votes she needs to get the Senate bill through the House. Her members rightly fear that the Senate might prove unwilling or unable to pass the "fixed" bill -- and, at the least, would have a huge advantage in negotiations over just what "fixes" to make.

The problem is straight out of a 7th-grade civics class: If both houses of Congress pass identical bills, the bill can go to the president to be signed into law.

House members are being told that they must vote for the Senate bill as a procedural step. But the bill would then be only a presidential signature away from becoming law. That is, House members might end up voting for the Senate's Cornhusker Kickback, Louisiana Purchase, "Cadillac" tax, abortion coverage and other unpopular provisions -- and then find it's all become law.

The risks are plain enough that Pelosi doesn't yet have the votes: Her members fear they'll be left hanging to defend their votes for the hated Senate bill.

So now Democratic leaders say they'll package a two-for-one vote: Moving the original Senate bill simultaneously with a "reconciliation" bill -- thus, if the House votes for the bill of fixes, the main Senate bill will be deemed to also have passed. Then the reconciliation bill will go back to the Senate, where it only needs 50 votes (plus Vice President Joe Biden's) to pass.

Hmm. Nowhere in the US Constitution does it say that Congress can deem a bill to have passed. Pelosi & Co. aren't just making up policy as they go, but also procedure -- possibly unconstitutional procedure, at that. All to enact a bill remaking a sixth of the US economy over the 3-1 opposition of the American people.

Grace-Marie Turner is president of the Galen Insti tute, a nonprofit research organization focusing on pa tient-centered health reform.



Myths about Reconciliation
Using reconciliation to pass Obamacare would be inappropriate and unprecedented. Here’s why.
National Review Online
March 5, 2010 4:00 A.M.
 
How could you tell when the Democrats had finally settled on the reconciliation route? It was at some point between the time Harry Reid told Republicans at the health-care summit that “nobody has talked about reconciliation” and the time the White House stopped uttering the word altogether.

But though their diction has changed, the Left continues to perpetuate a number of myths about reconciliation that should be dispelled before Democrats in Washington use the procedure to force-feed the American people this $2.3 trillion behemoth.

Myth: Reconciliation is simply “majority rule.”

Democrats have referred to the maneuver that dare not speak its name as simple “majority rule.” In his March 3 speech, President Obama called for an “up-or-down vote” on health-care reform requiring “nothing more than a simple majority.” White House Press Secretary Robert Gibbs told MSNBC the next day that in most American households, “51 percent represents a majority viewpoint. I don’t think that’s a crazy concept.” Ezra Klein claimed that “a simple majority process” has been “key to getting anything done” in the Senate since the 90s.

But this isn’t about lowering the thresholds for passage, as most reconciliation measures initially pass the Senate with sizeable majorities — sometimes even by voice vote or unanimous consent. Rather, the process is explicitly about bypassing the Senate’s usual order of business — an open debate and amendment process with an emphasis on consent and consensus and robust protections for minority rights — to ensure the speedy passage of budget-balancing legislation. As a result, reconciliation measures are “privileged,” meaning that the Senate must consider them when they come to the floor. Likewise, debate on their substance is strictly limited to 20 hours and amendments are allowed only insofar as they address the contents of the measure itself (though, as author Foster notes here, there is nothing to stop a determined minority from gumming up the works indefinitely by forcing votes on the germaneness of extraneous amendments).

There is nothing wrong with the principled use of this “front-of-the-line” treatment for measures meant to bring budgetary outlays in line with revenues, but in a Congress that demonstrably no longer takes its duty to balance budgets seriously, reconciliation is once again being abused as a matter of political convenience.

The truth is that every single piece of successful legislation to emerge from the Senate — via reconciliation or otherwise — has done so via a final, up-or-down vote with a 50-plus-one threshold. The debate about reconciliation is a debate about the path to that vote. It’s about whether the Senate is and ought to be something more than a slightly smaller, slightly crustier House of Representatives.

When Harry Reid took over the majority leadership of the Senate, he vowed that “as our founding fathers intended, the Senate will perform its role as the ‘cooling saucer’ where debate and amendments play a role in forging consensus and compromise.”

Would that he lived up to those words.

Myth: Obamacare is in the main about cutting deficits, and therefore justifiably considered under reconciliation.

First, it’s important to understand why reconciliation might be necessary. The Senate bill includes an excise tax on high-cost employer-provided health-insurance plans — the kind that unions have acquired for their members through years of collective bargaining. The inclusion of this tax was almost an accident. Like many Democratic ideas, it started as a way to demagogue against the rich. Only later, after unions started voicing objections, did the Democrats realize what they had done, but by then it was too late. Health-care economists liked the idea of an excise tax on high-cost employer-provided plans, because the fact that these plans are otherwise untaxed is one of the great distortions in our health-care system that drive up the cost of insurance. Plus, the tax provided a real source of revenue to pay for new spending in the bill, thus improving its CBO score. The excise tax — dubbed the “Cadillac tax” by some — proved impossible to remove from the Senate bill without rocking the boat that was moving the bill toward passage.

But in the House, where union-backing progressives are stronger, objection to the tax made rubber-stamping the Senate bill impossible for Nancy Pelosi. Democratic leaders met with President Obama to devise a carve-out to protect the unions from the tax, and they had almost achieved a deal when a certain truck-driving Republican from Massachusetts won an election and upset the balance. Things fell apart for a while. The Democrats panicked. Health-care reform looked dead. Then Obama put forward a plan that would allow the Democrats to scrap the Cadillac tax through reconciliation. That’s where things stand.

As we’ve said, reconciliation is a process devised to ensure an easier process for shrinking budget deficits. Liberals have argued that according to the CBO, Obamacare would reduce the deficit, so amending it through the reconciliation process is appropriate. There are two problems with this argument. First, even taking the administration’s numbers at face value, its reconciliation plan would amend the legislation so that it reduces the deficit by less than the original bill. The CBO has not had time to score the president’s proposal, but the administration says that combined with the original legislation, the president’s plan would reduce the deficit by $100 billion. The CBO scored the Senate bill as reducing the deficit by $131 billion. Neither is a significant sum, but the point is that reconciliation in this case would actually move us backwards in terms of deficit reduction.

Second, the president’s plan replaces new revenue (the Cadillac tax) with revenue that is double-counted and, according to the CBO, cannot be used to offset new spending. Instead of the Cadillac tax, the president’s plan would raise revenue through a 2.9 percent Medicare excise tax on the investment income of people making more than $200,000. But as the CBO noted in objecting to a previous attempt to do this, that money must go into the Medicare trust fund, and the government must use it to pay out future Medicare benefits. It cannot simultaneously count that money as savings to be spent on a new health-insurance entitlement for the uninsured. So the president’s numbers are not to be taken at face value — by replacing Cadillac-tax revenue with double-counted revenue, his reconciliation plan would likely increase the bill’s cost by much more than $30 billion, increasing deficits in a manner contrary to the spirit of reconciliation.

Myth: We already passed health care with 60 votes in the Senate. Reconciliation is just for a few “fixes.”

In his March 3 speech, President Obama said that “reform has already passed the House with a majority. It has already passed the Senate with a supermajority.” Robert Gibbs has said “we got health-care done not with 51 but with 60 votes” in the Senate. By contrast, the Democrats argue, reconciliation will only be used to pass a small package of “fixes” introduced by the president to resolve the House and Senate versions of the bill. Ezra Klein and others have adopted the term “micro-reconciliation” to describe this strategy.

But to say that both chambers have already passed “reform” is deeply misleading, considering that reconciliation is necessary precisely because neither body’s bill is acceptable to the other. Indeed, the greatest impediment to the Democrats’ reconciliation strategy is not the Republicans, but the House’s mistrust of the Senate. Since the Senate acting first to “reconcile” a bill that has yet to become law would create a sort of legislative paradox, the White House and Senate Democrats have spent weeks trying to assure their colleagues in the lower chamber that they won’t be hung out to dry if they act first and pass the Senate bill before the reconciliation measure.

We’ve already noted the excise tax as a major source of tension between the chambers, but the Senate’s more permissive language on the federal funding of abortion is also a non-starter in the House, with Rep. Bart Stupak (D., Mich.) promising that a dozen or more pro-life House Democrats who voted yes on the House bill would balk at the Senate language. Since it will be nearly impossible to shoehorn a compromise into a reconciliation measure, the abortion issue could well doom Obamacare.

In short, the House and Senate are as far away from each other on reform as they were before Massachusetts, only now they’ve lost the supermajority that gave them the luxury of working out their differences in a conference report. So as it stands, there is not one health-care reform bill but two, and neither is in any shape to make it to the president’s desk without reconciliation.

Myth: This is just like when the GOP used reconciliation for the Bush tax cuts.

As we have noted, reconciliation would likely worsen the bill’s impact on the deficit, but the president’s supporters might say, “So what? The Bush tax cuts added to the deficit, and the GOP used reconciliation for those.” Here they have a point. But there are two reasons why health care is different. One, perhaps semantic, is that the Bush tax cuts were temporary — their impact on deficits was limited to the ten-year window specified by the Byrd Rule, which states that reconciliation bills cannot add to the deficit beyond the period covered by the budget resolution. Obamacare is designed to be a permanent new health-insurance entitlement. Second, and more important, is that the Bush tax cuts in addition to being temporary were strictly limited to fiscal policy — the kind of thing reconciliation was designed to handle — and therefore easy to score. As mentioned above, it is hard to know the true budgetary cost of Obamacare, because it is a tangled nest of tax hikes, regulations, twice-counted revenues, and unknowable costs tied to hard-to-predict factors such as health-care cost inflation.

Will Obamacare increase the deficit in a fiscal year after the ten-year period covered by the Byrd Rule? The answer is almost certainly yes. But unlike the Bush tax cuts, Obamacare will not sunset. Unless Republicans are able to repeal it — a difficult task, to put it mildly — its costs will be with us for good.

Myth: This is no different than what the Republicans did on Medicare Part D.

Again, charges of hypocrisy leveled at Republicans who object to using reconciliation to pass health-care measures have some force. It is true that reconciliation has been used more often by Republicans than Democrats since its adoption. And it is true that reconciliation has been used to pass big-ticket health-care measures such as COBRA and CHIP.

But most of the health-care measures passed via reconciliation did so with broad, bipartisan support. And as mentioned above, virtually all of the votes that were tight and/or partisan dealt with straightforward fiscal policy, without the massive unintended consequences that attend to a measure of the size and scope of Obamacare.

Perhaps the closest parallel to the Democrats’ current effort — and the one most often carted out in service of the hypocrisy charge — is Medicare Part D, which passed with 54 votes in a Republican-controlled Senate. But in fact it isn’t much of a parallel at all. For one thing, Medicare Part D wasn’t passed via reconciliation. Rather, Democrats could not or would not sustain a filibuster, and cloture on the conference report was secured 70–29 via the usual order of business. And when then-senator Tom Daschle (D., S.D.) tried to raise a point of order under the Congressional Budget Act — from which reconciliation rules stem — he was overruled with 61 votes.

Moreover, though the Republicans only had 54 votes, eleven Democrats (plus one Independent) voted with the majority, including the likes of Max Baucus, Kent Conrad, Mary Landrieu, Blanche Lincoln, and Ben Nelson.

During the floor debate, then-senator Pete Domenici (R., N.M.) raised the possibility of pursuing the bill under reconciliation, and rejected it:

    Let me just tell you, without trying to take much time, that our distinguished leader had an opportunity to move this bill under what is called a reconciliation bill. Do you know what that would have done, Mr. President? That would have limited debate, and it would have made the bill almost not amendable and, indeed, besides that, there would be no points of order. He chose, as the bill progressed through, to do otherwise.

Medicare Part D is hardly a shining example of good legislation, but it passed under the standing rules of the Senate, under which the minority was afforded an open and extended debate. And it passed with significant support from that minority. Neither will be said of Obamacare if it is pushed through via reconciliation.

— Daniel Foster is National Review Online’s news editor. Stephen Spruiell is an NRO staff reporter.



The role for reconciliation
Washington Post
By Kent Conrad
Saturday, March 6, 2010; A15

A lot of misinformation has been spread recently about the budget reconciliation process. As chairman of the Senate Budget Committee, I have the primary responsibility for budget-related matters in the Senate. So let me set the record straight.

Reconciliation is not being considered for passing comprehensive health-care reform. Major health-care reform legislation passed the Senate without reconciliation on Christmas Eve. If the House now passes that legislation, it can go immediately to President Obama's desk to be signed into law. What the president and others have suggested is that, after the House acts, reconciliation could then be used to pass a much smaller "fixer" bill to allow for modifications to the comprehensive bill that will have passed under regular order.

While some have described reconciliation -- a process that requires only a majority vote in the Senate to pass legislation that reduces the deficit -- as an obscure, rarely used procedure, the truth is that it has been used 22 times since 1980, with 16 of those times occurring when Republicans controlled the Senate. Republican efforts to block its use now for a "fixer" bill represent little more than a politically expedient attempt to kill health-care legislation.

Since health-care reform re-emerged on the national agenda more than a year ago, I have consistently said that comprehensive health reform cannot be achieved through reconciliation. The reconciliation process was never intended for comprehensive policy changes. The Senate parliamentarian concluded that if legislation such as health-care reform were to go through the reconciliation process, it would come out looking like "Swiss cheese." Some of the most significant portions of the legislation, such as insurance market reforms and delivery system reforms, might have to be dropped.

Even if implemented only as a "fixer" bill, reconciliation could still be used only for changes that are truly budget-related -- meaning they affect revenue or spending. Changes to improve the affordability of health care or adjust the amount of federal aid going to states for Medicaid could be good candidates for a reconciliation bill. But changes involving strictly policy matters, which do not have a budgetary impact, would likely have to be addressed some other way.

This "fixer" reconciliation bill would also still have to meet the requirement that reconciliation be used only for deficit reduction. In fact, the bill would have to include at least $2 billion in deficit reduction over the first five years and would have to be at least deficit-neutral in every year beyond that.

Some question how the then-Republican majority used reconciliation to pass a $1.3 trillion tax cut in 2001 and another $350 billion tax cut in 2003, all entirely unpaid for. These were clear abuses of the process. The authors of the Congressional Budget Act of 1974, which established reconciliation, never envisioned it would be used to worsen the deficit. After Democrats took control of the Senate in 2007, we restored fiscal discipline and added an explicit rule requiring reconciliation be used only for deficit reduction. So it is particularly ironic to hear many Republicans criticize Democrats' use of reconciliation today, when it is being used properly, while they vehemently defended their use of the process when it was being abused.

The truth is, the Senate has already passed a responsible health-care reform bill with 60 votes that will expand coverage, lower premiums, improve quality and control costs. And most important, the Congressional Budget Office estimates it will reduce the deficit by $130 billion over the first 10 years and by as much as $1.3 trillion over the second 10 years. This represents a significant step in the right direction. If the Senate bill can be further improved with changes made through a small "fixer" reconciliation package, we should do so. Those who argue against its use in this context seek only to protect the status quo on health care.

The writer, a Democrat, is a U.S. senator from North Dakota.




BLAIR HOUSE (not as in "Tony Blair")
Who is that masked man?  Why, it's the impartial moderator of the Health Care confab!


Pelosi lacks the votes
NYPOST
By MICHAEL BARONE
Last Updated: 10:20 AM, March 1, 2010
Posted: 12:36 AM, March 1, 2010

'More talk, no deal" was the Wall Street Journal's headline on Thursday's Blair House health-care summit.

"After summit flop, Democrats prepare to go it alone on ObamaCare," proclaimed The Washington Examiner. These were apt verdicts if you viewed the summit as an attempt to reach bipartisan agreement or even a limited consensus.

But that, of course, wasn't why President Obama convened this unique colloquy. He did so as part of an attempt to pass some Democratic health-care bill, somehow, through both houses of Congress -- and to discredit the Republicans who opposed the bills passed by the House in November and the Senate in December.

In that, he seems to have failed. The Atlantic's Clive Crook, who supports the Democratic bills, concluded that "the Republicans did not come across as the party of no. They looked well informed, pragmatic and engaged in the discussion. It was the Democrats who leaned more heavily on talking points and seemed evasive and unspecific."

Kevin Drum, blogging for the left-wing Mother Jones, agreed: "My take is that the summit was basically a draw but with a slight edge to the Republicans. They didn't have to win, after all. They just had to seem non-insane, and, for the most part, they did."

Obama and the Democrats face problems with both public opinion -- their bills are hugely unpopular -- and legislative procedure. The problem with public opinion has been undeniable since Republican Sen. Scott Brown's victory five weeks ago in Massachusetts. The problem with legislative procedure is more complex.

Democrats could theoretically solve that problem by having the House pass the Senate bill in toto, ready for Obama's signature. But Speaker Nancy Pelosi, who has proved herself a fine vote counter, doesn't have the votes. Last month, she said "unease would be the gentlest word" to describe House Democrats' resistance. They understandably don't want to cast votes for the Senate's Cornhusker Kickback and Louisiana Purchase.

In November, Pelosi had 220 votes for the House bill. The one Republican is now a no, one Democrat has died, one resigned last month, and another turned in his resignation Friday. That leaves her with 216, one less than the 217 she needs.

There's another problem. The Senate bill lacks the amendment, sponsored by House Democrat Bart Stupak, banning abortion coverage, and Stupak says that he and about 10 other Democrats will accordingly vote no. That leaves Pelosi around 205. She may have commitments from former no voters to switch to yes, but she doesn't have more than 10 other votes in her pocket -- or she wouldn't have accepted the Stupak amendment.

So the House wants the Senate to go first and pass changes to its bill through the reconciliation process that requires 51 rather than 60 votes. But Senate Budget Committee Chairman Kent Conrad says that you can't use reconciliation on a bill that hasn't already become law. And reconciliation is probably not available on abortion issues.

All of which reminds me of Alaska Sen. Ted Stevens' 2005 attempt to allow oil drilling in the Arctic National Wildlife Reservation. Stevens got it in the reconciliation process in the Senate, where it had 51 but not 60 votes.

But House Republicans couldn't get it into reconciliation, even though a majority of House members were for it. The Senate could pass it by reconciliation but not regular order; the House could pass it by regular order but not reconciliation. It never passed.

There are two differences here. ANWR drilling would have little effect on most Americans. The health-care bill would affect almost everybody -- by raising taxes, cutting Medicare spending and abolishing current insurance. The second difference is that ANWR drilling was reasonably popular with the public and there were majorities in both houses for it. Neither is true of the health-care bills.

Last month, we were told that Obama would switch his focus from health care to jobs. But Democrats have spent February and seem about to spend March on health care. It's hard to see how they can navigate the legislative process successfully -- and even harder to see how they turn around public opinion. Summit flop, indeed.


Health summit: Heated talk, little agreement
YAHOO
By RICARDO ALONSO-ZALDIVAR and JENNIFER LOVEN, Associated Press Writers
Feb. 25, 2010

WASHINGTON – With tempers flaring, President Barack Obama and congressional Republicans clashed in an extraordinary live-on-TV summit Thursday over the right prescription for the nation's broken health care system, talking of agreement but holding to long-entrenched positions that leave them far apart.

"We have a very difficult gap to bridge here," said Rep. Eric Cantor, the No. 2 House Republican. "We just can't afford this. That's the ultimate problem."

With Cantor sitting in front of a giant stack of nearly 2,400 pages representing the Democrats' Senate-passed bill, Obama said cost is a legitimate question, but he took Cantor and other Republicans to task for using political shorthand and props "that prevent us from having a conversation."

And so it went, hour after hour at Blair House, just across Pennsylvania Avenue from the White House.

Obama and his Democratic allies argued that a sweeping health overhaul is imperative for the nation's future economic vitality. With the marathon policy debate available from start to finish to a divided public, Obama cast the health care crisis as "one of the biggest drags on our economy," tying his top domestic priority to the issue that's even more pressing to many Americans.

"This is the last chance, as far as I'm concerned," Rep. Louise Slaughter, D-N.Y.

Obama lamented partisan bickering that has resulted in a stalemate over legislation to extend coverage to more than 30 million people who are now uninsured. "Politics I think ended up trumping practical common sense," he said.

And yet, even as he pleaded for cooperation — "actually a discussion, and not just us trading talking points" — he insisted on a number of Democratic points and acknowledged agreement may not be possible. "I don't know that those gaps can be bridged," Obama said. "If not, at least we will have better clarified for the American people what the debate is all about."

With hardened positions well staked out before the meeting, the president and his Democratic allies prepared to move on alone. Politically, it would be an all-or-nothing gamble in a midterm election year for Democrats bent on achieving a goal that has eluded lawmakers for a half-century.

Leaving the site during a lunch break, Obama was asked by waiting reporters if he thought the debate was engendering a lot of interest across the country.

"I don't know if it's interesting watching it on TV," he responded. But Obama also said, "I think we're establishing that there are actually some areas of real agreement. And we're starting to focus on what the disagreements are."

"If you look at the issue of how much government should be involved," he said, "the argument that the Republicans are making really isn't that this is a government takeover of health care but rather that we're ensuring the ... We're regulating the insurance market too much. And that's a legitimate philosophical disagreement."

One option is to try to pass a comprehensive plan without GOP support, by using controversial Senate budget reconciliation rules that would disallow filibusters. Alexander asked Democrats to swear off a jam-it-through approach, while Senate Majority Leader Harry Reid, D-Nev., defended it. Obama weighed in with gentle chiding, asking both sides to focus on substance and worry about process later — a plea he made repeatedly throughout the day with little success.

A USA Today/Gallup survey released Thursday found Americans tilt 49-42 against Democrats forging ahead by themselves without any GOP support. Opposition was even stronger to the idea of Senate Democrats using the special budget rules, with 52 percent opposed and 39 percent in favor.

Obama's skepticism about reaching consensus was vindicated as soon as the first Republican spoke — in opposition to the mammoth bills that have passed the House and Senate and in favor of a much more modest approach. Sen. Lamar Alexander of Tennessee said Congress and the administration should start over and take small steps, including medical malpractice reform, high-risk insurance pools, a way to allow Americans to shop out of state for lower-cost plans and an expansion of health savings accounts.

"We believe we have a better idea," Alexander said. "Our views represent the views of a great many American people."

Disagreements were not always expressed diplomatically.

Alexander challenged Obama's claim that insurance premiums would fall under the Democratic legislation. "You're wrong," he said. Responded Obama: "I'm pretty certain I'm not wrong."

As with much in the complicated health care debate, both sides had a point. The Congressional Budget Office says average premiums for people buying insurance individually would be 10 to 13 percent higher in 2016 under the Senate legislation, as Alexander said. But the policies would cover more medical services, and around half of people could get government subsidies to defray the extra costs.

Obama and his 2008 GOP opponent for the presidency, Sen. John McCain of Arizona, had a barbed exchange. McCain complained at length about what he said was a backdoor process to produce the original bills that resulted in favors for special interests and carve-outs for certain states.

"We're not campaigning anymore. The election's over," responded a clearly irritated Obama.

"I'm reminded of that every day," McCain shot back, adding that "the American people care about what we did and how we did it."

Said Obama: "We can have a debate about process or we can have a debate about how we're actually going to help the American people at this point. And I think that's — the latter debate is the one that they care about a little bit more."

Generally, polls show Americans want solutions to the problems of high medical costs, eroding access to coverage and uneven quality. But they are split over the Democrats' sweeping legislation, with its $1 trillion, 10-year price tag and many complex provisions, including some that wouldn't take effect for eight years.

The Democratic bills would require most Americans to get health insurance, while providing subsidies for many in the form of a new tax credit. The Democrats would set up a competitive insurance market for small businesses and people buying coverage on their own. Democrats also would make a host of other changes, which include addressing a coverage gap in the Medicare prescription benefit and setting up a new long-term-care insurance program. Their plan would be paid for through a mix of Medicare cuts and tax increases.

Another alternative if bipartisan agreement eludes Obama on Thursday is going smaller, with a modest bill that would merely smooth some of the rough edges from the current system. The Republican approaches, for instance, would help people now struggling with costs and coverage but probably not put the nation on a path toward coverage for all.

A month after the Massachusetts election that cost Democrats their Senate supermajority and threw the health legislation in doubt, the White House has developed its own slimmed-down health care proposal so the president will know what the impact would be if he chooses that route, according to a Democratic official familiar with the discussions. That official could not provide details, but Democrats have looked at approaches including expanding Medicaid and allowing children to stay on their parents' health plans until around age 26.

Obama himself hinted at a Democrats-only strategy. When asked by reporters as he walked to the summit site if he had a Plan B, he responded: "I've always got plans."

"Not only are lawmakers polarized, the parties' constituencies are far apart," said Robert Blendon, a Harvard University professor who follows public opinion trends on health care. "The president is going to use it as a launching pad for what will be the last effort to get a big bill passed. He will say that he tried to get a bipartisan compromise and it wasn't possible."

The summit was held at Blair House, the elegant presidential guest quarters across the street from the White House. Leaders of both parties spoke, with Obama steering the debate as moderator.

It wasn't a grand, or even particularly comfortable, setting. About 40 senators, representatives and administration officials were crowded shoulder-to-shoulder around a hollow square table, perched for the six-hour marathon on wooden chairs with thin cushions. Coffee breaks had been ruled out, so the only pause in the action came during lunch.

C-SPAN carried complete coverage, while news operations from cable networks to public broadcasting were making it the focus of their day.


Too Little, Too Late, Too Cynical
What’s behind Obama sudden embrace of statesmanship?
National Review
Victor Davis Hanson

February 25, 2010 12:00 A.M.
 
The United States may very well owe a crushing $20 trillion by 2020. And thus President Obama last week named a bipartisan commission to find ways to address our national debt.

Such a Periclean response might sound sincere and worthwhile. But it comes 13 months into this administration — and only after Obama added nearly $1.5 trillion in new borrowing in 2009. And by the time the new deficit commission submits its recommendations at the end of this year, the current 2010 budget will have put us out another $1.5 trillion.

The president not that long ago ran on the theme of fiscal sobriety. During the 2008 campaign, he took advantage of the public anger over the Bush deficits that had climbed to an aggregate of $2.5 trillion over eight years. Now, though, he looks to trump Bush’s eight-year record of red ink in his first two years.

Obama also just invited the Republican opposition to a summit at the White House to iron out differences over his stalled health-care legislation. Such a “let bygones, be bygones” group discussion likewise sounds like a good idea — given the climbing cost of health insurance and the millions who cannot afford it.

But the problem again is that such outreach is too little and comes too late — more than a year after Obama began his unilateral effort to have the government assume much of the nation’s health-care system. A year ago — with a supermajority in the Senate and basking in the swell of the November 2008 election — Obama didn’t worry much over the lack of Republican input.

Instead, in partisan mode, he issued a series of deadlines for his party to ram through his own preferred reforms — first by the August 2009 vacation, then by the Thanksgiving recess, then by the Christmas break, and so on.

A couple of fence-sitting Democratic legislators, who by themselves could block passage, were to be bought off with awards of multimillion-dollar earmarks. Meanwhile, the president himself reportedly ridiculed angry tea-party protestors as “the teabag, anti-government people.” He, it appeared, did not worry too much about the opposition.

Recently, a petulant Obama blasted Washington partisan politics, the media, and congressional inaction. In his January State of the Union address, Obama deplored “the partisanship and the shouting and the pettiness” by “politicians (who) tear each other down instead of lifting this country up” and “TV pundits (who) reduce serious debates into silly arguments.”

Other administration supporters lamented the Republican resort to the filibuster.

But once again, 13 months ago, the upbeat president had little bad to say about one-party governance, pundits, and politics. And there was no criticism of the filibuster — which in early 2009 was considered irrelevant anyway, given Obama’s supermajority in the Senate.

So what’s behind Obama sudden embrace of statesmanship?

A year ago, a newly elected President Obama enjoyed a 68 percent public approval rating. There were substantial Democratic majorities in both houses of the Congress. Presidential press conferences were little more than media lovefests. Apparently there was no need to reach out, when a bold, new liberal agenda for the country seemed a sure thing.

But now? Obama consistently polls below 50 percent. The Senate supermajority was lost with the stunning win of Republican Scott Brown in liberal Massachusetts. A grassroots conservative tea-party movement helped put Republican governors in Virginia and New Jersey. And polls show that the November 2010 elections might result in the largest Democratic setback in a generation, with possible losses of both houses of Congress.

Pundits of both parties now fault Obama’s style of governance. Public protests express disapproval over out-of-control federal spending and borrowing, and the idea of state-run health care.

So fairly or not, it seems like a panicked President Obama is abruptly scrambling to do what he should have done over a year ago.

But the problem is that a now jaded public believes that Obama is changing both course and tone not because he wants to for the country, but because he is forced to for his own survival.

In other words, the “hope and change” of last year’s messiah has devolved into this year’s “whatever it takes” of a cynic.




Are we listening?

Obama puts forward last-ditch health care plan
YAHOO
By RICARDO ALONSO-ZALDIVAR and ERICA WERNER, Associated Press Writers
Feb. 22, 2010

WASHINGTON – Making a last-ditch effort to save his health care overhaul, President Barack Obama on Monday put forward a nearly $1 trillion, 10-year compromise that would allow the government to deny or roll back egregious insurance premium increases that infuriate consumers.

The White House immediately demanded an up-or-down vote in Congress on the plan, or something close to it. But it's highly uncertain that such sweeping legislation can pass. Republicans are virtually unanimous in opposing it, and some Democrats who previously supported a health care remake are having second thoughts in an election year. After a year in pursuit, Obama may have to settle for a modest fallback version of what once was his top domestic priority.

Release of the plan on the White House Web site comes just four days before Obama's one-of-a-kind, televised health care summit with Democrats and Republicans. The White House said the plan would provide coverage to more than 31 million Americans now uninsured without adding to the federal deficit.

On Capitol Hill, Democrats cautiously welcomed the proposal, while Republicans gave a thumbs down...

Estimated to cost about $1 trillion over 10 years, Obama's plan would be paid for by a mix of Medicare cuts, tax increases and new fees on health care industries.

Oversight of insurance companies has traditionally been a state responsibility. Obama's proposal for a new federal role calls for setting up a seven-member Health Insurance Rate Authority to monitor insurance industry practices and issue an annual report. States that beef up their consumer protection programs would be eligible for a share of $250 million in federal grants.




How's that again?  Thirty-nine percent?

Op-Ed Columnist
California Death Spiral
By PAUL KRUGMAN, NYTIMES
February 19, 2010

Health insurance premiums are surging — and conservatives fear that the spectacle will reinvigorate the push for reform. On the Fox Business Network, a host chided a vice president of WellPoint, which has told California customers to expect huge rate increases: “You handed the politicians red meat at a time when health care is being discussed. You gave it to them!”

Indeed. Sky-high rate increases make a powerful case for action. And they show, in particular, that we need comprehensive, guaranteed coverage — which is exactly what Democrats are trying to accomplish.

Here’s the story: About 800,000 people in California who buy insurance on the individual market — as opposed to getting it through their employers — are covered by Anthem Blue Cross, a WellPoint subsidiary. These are the people who were recently told to expect dramatic rate increases, in some cases as high as 39 percent.

Why the huge increase? It’s not profiteering, says WellPoint, which claims instead (without using the term) that it’s facing a classic insurance death spiral.

Bear in mind that private health insurance only works if insurers can sell policies to both sick and healthy customers. If too many healthy people decide that they’d rather take their chances and remain uninsured, the risk pool deteriorates, forcing insurers to raise premiums. This, in turn, leads more healthy people to drop coverage, worsening the risk pool even further, and so on.

Now, what WellPoint claims is that it has been forced to raise premiums because of “challenging economic times”: cash-strapped Californians have been dropping their policies or shifting into less-comprehensive plans. Those retaining coverage tend to be people with high current medical expenses. And the result, says the company, is a drastically worsening risk pool: in effect, a death spiral.

So the rate increases, WellPoint insists, aren’t its fault: “Other individual market insurers are facing the same dynamics and are being forced to take similar actions.” Indeed, a report released Thursday by the department of Health and Human Services shows that there have been steep actual or proposed increases in rates by a number of insurers.

But here’s the thing: suppose that we posit, provisionally, that the insurers aren’t the main villains in this story. Even so, California’s death spiral makes nonsense of all the main arguments against comprehensive health reform.

For example, some claim that health costs would fall dramatically if only insurance companies were allowed to sell policies across state lines. But California is already a huge market, with much more insurance competition than in other states; unfortunately, insurers compete mainly by trying to excel in the art of denying coverage to those who need it most. And competition hasn’t averted a death spiral. So why would creating a national market make things better?

More broadly, conservatives would have you believe that health insurance suffers from too much government interference. In fact, the real point of the push to allow interstate sales is that it would set off a race to the bottom, effectively eliminating state regulation. But California’s individual insurance market is already notable for its lack of regulation, certainly as compared with states like New York — yet the market is collapsing anyway.

Finally, there have been calls for minimalist health reform that would ban discrimination on the basis of pre-existing conditions and stop there. It’s a popular idea, but as every health economist knows, it’s also nonsense. For a ban on medical discrimination would lead to higher premiums for the healthy, and would, therefore, cause more and bigger death spirals.

So California’s woes show that conservative prescriptions for health reform just won’t work.

What would work? By all means, let’s ban discrimination on the basis of medical history — but we also have to keep healthy people in the risk pool, which means requiring that people purchase insurance. This, in turn, requires substantial aid to lower-income Americans so that they can afford coverage.

And if you put all of that together, you end up with something very much like the health reform bills that have already passed both the House and the Senate.

What about claims that these bills would force Americans into the clutches of greedy insurance companies? Well, the main answer is stronger regulation; but it would also be a very good idea, politically as well as substantively, for the Senate to use reconciliation to put the public option back into its bill.

But the main point is this: California’s death spiral is a reminder that our health care system is unraveling, and that inaction isn’t an option. Congress and the president need to make reform happen — now.

WellPoint price hike defense fails to satisfy feds
YAHOO
By TOM MURPHY and RICARDO ALONSO-ZALDIVAR, Associated Press Writers
Feb. 11, 2010

INDIANAPOLIS – Health insurer WellPoint is blaming the Great Recession and rising medical costs for its planned 39 percent rate increase for some California customers of its Anthem Blue Cross plan.

But Health and Human Services Secretary Kathleen Sebelius isn't buying the explanation proffered in a letter delivered to her Thursday.

Sebelius said "it remains difficult to understand" how premium increases of that size can be justified when WellPoint Inc. reported a $4.75 billion profit in the last quarter of 2009. She also noted that the premium increases are 10 times higher than the increase in national health care costs.

President Barack Obama has seized on the premium hikes in California as an ill omen of what will happen around the country if lawmakers fail to enact health care overhaul legislation. "If we don't act, this is just a preview of coming attractions," he said at a press conference Tuesday.

Brian Sassi, the head of WellPoint's consumer business unit, said in the letter to Sebelius that because of the weak economy, healthy people increasingly are dropping coverage or buying cheaper plans. That reduces the premium revenue available to cover claims from sicker customers who are keeping their coverage.

The result was a 2009 loss for the unit that sells individual policies to people who don't get insurance through their employers, he said. Higher rates for this group, which accounts for about 10 percent of Anthem's eight million customers in California, are needed to cover the shortfall expected from the continuation of that trend, according to the letter.

"When the healthy leave and the sick stay, that is going to dramatically drive up costs," Sassi said in an interview. He declined to specify the size of the unit's loss.

Affected customers can choose plans with lower premiums but higher out-of-pocket costs, he said.

Sassi told Sebelius that insurance costs also continue to rise because medical prices are increasing faster than inflation, and people are using more health care. That use increase is driven by an aging population, new treatments and "more intensive diagnostic testing," he wrote.

Sebelius ordered a federal inquiry earlier this week after the size of proposed premium increases for individual policies was widely publicized. A congressional committee also has asked for information on the increases and requested testimony from WellPoint CEO Angela Braly at a Feb. 24 hearing.

WellPoint is the largest publicly traded health insurer based on membership and is a dominant player in the individual insurance market in California. Based in Indianapolis, the company runs Blue Cross and Blue Shield plans in 14 states and Unicare plans in several others.

WellPoint as a whole made a profit of $4.75 billion in 2009, though $2 billion of that came from the sale of a business.

Rates for individual health insurance policies tend to rise much faster than those of employer-sponsored coverage.

The pool of customers is more stable for group health insurance. In the individual market, healthy people are more inclined to drop coverage when they see big price hikes because they don't have employer help paying for it, said Robert Laszewski, a health care consultant and former insurance executive. That leaves behind sicker customers who stay because they still need coverage.

Sassi said as much as one-third of their individual insurance customers leave every year. That volatility can lead to big changes in the mix of people covered and rate swings. Administrative costs also can be higher for individual lines because the insurer has to sell each policy individually instead of to a larger group.

Sassi said a minority of Anthem Blue Cross's 800,000 individual policy holders in California will see rate increases as high as 39 percent. Most premiums will rise around 24 percent when the rates take effect March 1.

The Democratic health care legislation now stuck in Congress is largely aimed at addressing the problems of small businesses and people buying insurance on their own.

The bills would set up big new insurance pools called exchanges that would promote competition. In many states the market for individual health insurance is currently controlled by one or two dominant insurers.

Premiums for the new coverage wouldn't necessarily be cheaper. In order to participate in the exchanges, insurers would have to offer more comprehensive benefits than are often available now in the individual market. But federal subsidies would be available to help offset the cost for moderate income people.

Rep. Chris Van Hollen, D-Md., a member of the House leadership, said he thinks the WellPoint case should send a powerful message to lawmakers wavering about what to do on health care overhaul. "The results of doing nothing will be skyrocketing increases in premiums," he said.

The price shock could help Obama make his case that Republicans need to come to the table on health care. GOP leaders are going reluctantly to the Feb. 25 health care summit convened by the president. It's unclear whether they can find common ground, since Republicans want to start over from scratch, and Obama is unwilling to give up on the goals embodied in the Democratic bills.


Oh (no) Canada
NYPost editorial
Last Updated: 3:37 AM, February 3, 2010
Posted: 2:41 AM, February 3, 2010

You've heard the mantra, chanted by everyone on the left, from Michael Moore to The New York Times: America's profit-centric health-care system is dismally inferior to that of Canada's purely pristine humanitarian-driven version.

Indeed, the central theme of Moore's 2007 "documentary" film, "Sicko," was that Canada -- with its universal, government-run and taxpayer-funded "free" health care -- is a medical paradise.

And a Times editorial last August glowingly declared: "Contrary to what one hears in political discourse, the bulk of the research comparing the United States and Canada found a higher quality of care in our northern neighbor."

Well, tell that to Danny Williams, premier of the Canadian province of Newfoundland and Labrador.

The popular 59-year-old politician has discovered that nothing is for free. He's somewhere in the US today -- prepping for heart surgery.

Seems the procedure he needs simply isn't available in Newfoundland -- at any price.

And, with his own health on the line, he prefers to put his trust in the "second-rate, profit-driven health-care behemoth" south of the St. Lawrence, rather than try a hospital in Canada.

"Ultimately, we have to be the gatekeepers of our own health," said Williams' deputy premier, "and he has taken medical advice from a number of different sources,"

Williams, he added, "is doing what's best for him."

Precisely.

Last summer, President Obama -- who still hopes to overhaul American health-care -- defended the Canadian system as one that "works for Canada."

Not for all Canadians, apparently.

Certainly not those well-connected pols, who -- like Danny Williams -- can afford better health care in the good ol' US of A.

Get well soon, Danny.


Obama rumbles with House GOP
YAHOO
Patrick O'Connor, Tim Grieve
Fri Jan 29, 12:58 pm ET

BALTIMORE — President Barack Obama on Friday accused Republicans of portraying health care reform as a "Bolshevik plot" and telling their constituents that he’s "doing all kinds of crazy stuff that's going to destroy America."

Speaking to House Republicans at their annual policy retreat here, Obama said that over-the-top GOP attacks on him and his agenda have made it virtually impossible for Republicans to address the nation’s problems in a bipartisan way.

“What happens is that you guys don’t have a lot of room to negotiate with me,” Obama said. "The fact of the matter is, many of you, if you voted with the administration on something, are politically vulnerable with your own base, with your own party because what you've been telling your constituents is, ‘This guy's doing all kinds of crazy stuff that's going to destroy America.' ''

Obama’s comments came in the midst of an extraordinary back-and-forth with Republican House members – a scene straight out of the House of Commons that played out live on cable TV.  Republicans invited Obama to appear at their annual conference; the president accepted — and then surprised them by asking that cameras and reporters be allowed into the room.  Republicans immediately agreed to the request, but they may be regretting it now.  Again and again, Obama turned the Republicans questions against them – accusing them of obstructing legislation for political purposes and offering solutions that won’t work.

"I've read your legislation. I take a look at this stuff. And the good ideas we take," Obama said. "It can't be all or nothing, one way or the other … If we put together a stimulus package in which a third of it is tax cuts that normally you guys would support, and support for states and the unemployed and helping people stay on COBRA, that certainly your governors would support … and maybe there are some things in there, with respect to infrastructure, that you don't like … If there's uniform opposition because the Republican caucus doesn't get 100 percent or 80 percent of what you want, then it's going to be difficult to get a deal done, because that's not how democracy works."

House Republican Leader John Boehner (R-Ohio), who introduced Obama to his colleagues and gave the president a stack of Republican policy proposals, said afterward that the event had been “a good first step in having more of a dialogue.”

Rep. Jeff Flake (R-Ariz.) said the event had helped his party by showing that Republicans have offered alternatives to Obama’s plans.

"The real effort here was to convince people out there that we have offered solutions, we've offered things,” Flake said. “For him to say, ‘Yes, I've read your proposal, it's a substantive proposal,’ that's good. That's a huge thing for Republicans."

House Republican Conference Chairman Mike Pence (R-Ind.) began Friday’s question-and-answer session by asked Obama whether he’d embrace “across the board” tax cuts as a way to revive the economy, and Rep. Paul Ryan (R-Wis.) asked him to support a line-item veto to help achieve a balanced budget.

Obama pushed back backed hard, accusing Republicans of putting party before principle andvoting against his 2009 stimulus plan but then attending “ribbon cuttings” for stimulus projects in their own districts.

If Republicans believe in both across-the-board tax cuts and a balanced budget, Obama said he’d like to see their math.  The afternoon started on a more conciliatory tone, with Obama saying in opening remarks hat he expects Republicans to challenge his ideas – and that he understands that there are sometimes fundamental policy differences between the parties.

"Having differences of opinion, having a real debate about matters of domestic policy and national security, that's something that's not only good for our country, it's absolutely essential,” he said.

But he also criticized the Republicans for reflexively opposing his policies – even when, he said, they were in line with GOP principles. And the encounter got progressively more raucous from there

Obama urged Republicans to come to the table and work with him on policy compromises, saying Americans "didn't send us to Washington to fight each other in some political steel cage match."

What voters don’t want, he said, is "for Washington to continue being so Washington-like."

The president asked the Republicans to support his proposal to provide small businesses with a $5000 tax credit for each new employee they add — an idea Republicans panned before he even made the offer. He also asked them to support his plan to freeze non-military discretionary spending for three years.

"Join me," Obama asked. "Nothing in this proposal that runs contrary to the ideological predisposition of this caucus."

"We have seen some party-line votes that have been disappointing," he said, recalling the stimulus fight. "I didn't understand then, and I still don't understand, why we got opposition in this caucus for almost $300 billion in badly needed tax cuts for the American people" and other assistance and infrastructure projects.

Obama jabbed: "Let's face it, some of you have been at the ribbon-cuttings for some of these important projects in your communities."

Continuing on a confrontational tack, Obama defended key components of his agenda, including the proposed fee on bailed-out banks – telling Boehner: "If you listen to the American people, John, they’ll tell you they want their money back."

At the end of his remarks – before taking questions – Obama told Republicans it's time to make a choice between aiming for "success at the polls" or "lasting success" for the country. "Just think about it for a while," he said. "We don't have to put it up for a vote today."

Freshman Rep. Jason Chaffetz (R-Utah) went after the president harder, accusing him of breaking promising about transparency, lobbyists and partisanship.

“I can look you in the eye and tell you we have not been obstructionists,” he said.

Obama acknowleged that Chaffetz had a “legitimate complaint” about not putting health care negotiations on C-SPAN – as the president had vowed they would be – but he also asked Obama what he was doing within his own caucus to make sure that Republicans were working with him in bipartisan way.

Mid-way through the questions and answers, Pence said that there would be just a few more questions.

Obama said he wasn’t in any hurry to leave.

"I'm having fun,” Obama said. “This is great."

Rep. Tom Price (R-Ga.) seemed to enjoy the experience a little less.  Price said he’s asked to meet with Obama ever week for a year but that his question-and-answer round --- about health care proposals Republicans have offered -- was the first time they’ve actually spoken.

“He didn't even address the question,” Price grumbled afterward. “He distorted the premise and refused to even answer the question."

Price said Republicans had proven that they have ideas, that Obama has received them, and that he wouldn’t answer their questions.

"I don't know that you could get any more out of that than we did,” he said.



Pelosi: House lacks votes to OK Senate health bill
By ALAN FRAM, Associated Press Writer
Jan. 21, 2010

WASHINGTON – Speaker Nancy Pelosi says she lacks the votes to push the Senate's sweeping health overhaul bill through the House, a potentially devastating blow to President Barack Obama's signature issue.

The California Democrat made the comment to reporters Thursday after House Democrats held a closed-door meeting at which participants vented frustration with the massive version of the legislation.

Pelosi said, "In its present form without any changes I don't think it's possible to pass the Senate bill in the House. ... I don't see the votes for it at this time." Many House Democrats, reeling from their loss of the Massachusetts Senate seat in this week's special election, want the party to pursue a more modest health bill.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

WASHINGTON (AP) — Support for a White House-backed plan for salvaging the massive health care overhaul is eroding in the House as Democrats reeling from the loss of the Massachusetts Senate seat argue for a less ambitious approach.

The House leadership has made no decision on whether to press ahead with the Senate bill, but rank-and-file Democrats vented their frustration at a closed-door meeting Thursday. Emerging from the session, Rep. Michael Arcuri, D-N.Y., said: "The mega bills are dead. If we didn't see what happened Tuesday night, we have blinkers on."

Rep. Dennis Cardoza, D-Calif., said there was more support for refocusing on the health care changes with more popular appeal among American consumers. Republican Scott Brown captured the Massachusetts Senate seat, disrupting the Senate's power to move quickly on health care.


Bay State 'universal care' blues
NYPOST
By HOWIE CARR
Last Updated: 4:25 AM, January 21, 2010
Posted: 12:05 AM, January 21, 2010

BOSTON

US Sen.-Elect Scott Brown bobbed and weaved a bit at his post-election press conference yesterday when asked about Massachusetts' universal-health-care law.

Yes, Brown acknowledged, he voted for it, which has already become a talking point among the chattering classes: See, even this GOP troglodyte knows there's a need for ObamaCare -- so go for it!

But, Brown quickly told the press (before moving on to less controversial topics, like terrorism), there are a few problems with the Massachusetts law that needed to be worked out.

Yes there are -- to put it mildly. Costs are exploding, and although the word "rationing" is gingerly avoided, that's what the state is talking about, just as the federal government is, even with the current reform drive stalled and perhaps doomed.

After all, Brown campaigned as "the 41st vote" to stop ObamaCare -- and Obama's plan is increasingly unpopular here, as elsewhere.

Even the early federal proposals have been attacked by the wife of the most prominent Massachusetts supporter of ObamaCare, Sen. John Kerry. Teresa Heinz Kerry, 71, was diagnosed late last year with breast cancer -- just about the time a federal "task force" recommended that women start receiving mammograms at age 50 rather than 40.

"I was so upset about that decision of this panel," Mrs. Kerry told the Associated Press and, indeed, the administration quickly backed off.

She didn't say much after that one interview, but apparently Mrs. Kerry understands the reality of what Massachusetts bureaucrats like to call "cost containment."

Here's the lowlights of a story last July in The New York Times-owned Boston Globe. Mind you, the Globe was predicting a 15-point Martha Coakley win less than two weeks ago, and was calling the race a "dead heat" as late as Monday, but it's still been unable to put a shine on this sneaker:

"A state commission recommended . . . putting providers on a budget as a way to control exploding health-care costs . . . [to reduce] unneeded tests and procedures . . . Patients could find it harder to get procedures they want . . . They might find it difficult to get care wherever they want."

Care -- you know, like mammograms.

Here's another Globe story from last May: "An increasing number of residents are now reporting problems paying medical bills . . . reporting they did not get needed care because of costs, which are rising faster than inflation."

In the campaign's closing days, Martha Coakley -- and Barack Obama -- pretty much stopped talking about universal health care. At his campaign stop here Sunday, Obama tiptoed around health care while mentioning Scott Brown's pickup truck six times.

No one who voted here Tuesday thinks that a federal plan will cut costs -- it sure hasn't worked at the state level.

Last November, the state's Division of Health Care Finance and Policy issued a dry report on the system. The executive summary admitted: "Health care in Massachusetts is projected to cost $3,000 more per person by 2018 than the national average."

So much for saving money. But what about the "waste, fraud and abuse" that Obama always mentions -- or used to -- as a way to cut costs?

"It's not like the fat sits out here easily identified and you just slice it off," said one of the state bureaucrats. "It's marbled throughout the meat."

Massachusetts government isn't exactly user-friendly. The state recently stopped sending motorists notices that their licenses are about to expire -- couldn't afford the 44-cent stamps, we were told. But it has threatened to fine workers who appear not to have health care. Even if the employee has insurance at a second job, he must document to the state that he is insured elsewhere.

As for the premiums, they're already the nation's highest.

"My boyfriend has his own company, and he's paying a thousand dollars a month -- for what?" one woman told me yesterday. "The state got into health care, and the costs went through the roof -- and Martha Coakley said if the feds took it over the costs would go down? Come on. He voted for Brown, and so did I."

In 2006, then-Gov. Mitt Romney signed the bill into law amid great fanfare at Faneuil Hall. Standing behind to his left was Sen. Ted Kennedy, whose seat is now to be filled by a Republican, and then-House Speaker Sal DiMasi, who has since been indicted on federal corruption charges and is facing up to 185 years in prison. It's not a photo you'll find on any Romney Web sites.

Gov. Deval Patrick will deliver his annual State of the State Address tonight. No one expects him to say much, if anything, about the state's universal-health-care plan. After all, he's running for re-election.

Howie Carr is a columnist for The Boston Herald.



HISTORIC ELECTION
Shot heard round the world, Revolutionary War beginning, around the time of Paul Revere's ride!  "One if by land, two if by sea, and I on the opposite shore will be, ready to ride..."

Time to get to work, says Sen.-elect Brown
YAHOO
By GLEN JOHNSON and LIZ SIDOTI, Associated Press Writers
January 20, 2010

BOSTON – Republican Scott Brown says his Senate victory in Massachusetts sends a powerful message and he hopes to get to work right away.

Brown's stunning triumph for the seat long held by Sen. Ted Kennedy was a devastating Democratic defeat that triggered soul-searching within President Barack Obama's party over how to stem further losses in November's midterm elections.

Brown told a news conference on Wednesday, "The campaign is over now, and we have to focus on solving problems."

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

BOSTON (AP) — Republicans are rejoicing and Democrats reeling in the wake of Scott Brown's stunning triumph in a special Massachusetts Senate election, a devastating Democratic defeat that triggered soul-searching within President Barack Obama's party over how to stem further losses in November's midterm elections.

Obama himself grimly faced a need to regroup on Wednesday, the anniversary of his inauguration, in a White House shaken by the realization of what a difference a year made.

The most likely starting place was finding a way to save the much-criticized health care overhaul Democrats have been trying to push through Congress. The Democratic Party also faced a need to determine how to assuage an angry electorate, and particularly attract independent voters who have fled to the GOP after a year of Wall Street bailouts, economic stimulus spending and enormous budget deficits.

In one of the country's most traditionally liberal states, Brown rode a wave of voter anger to defeat Martha Coakley, the attorney general who had been considered a surefire winner until just days ago. Her loss signaled big political problems for Obama and the Democratic Party this fall when House, Senate and gubernatorial candidates are on the ballot nationwide.

As if in a nod to voter disgust with Washington, Obama signed a directive Wednesday aimed at stopping government contracts from going to tax-delinquent companies. "We need to insist on the same sense of responsibility in Washington that so many of you strive to uphold in your own lives, in your own families, and in your own businesses," Obama said.

Sen. John McCain of Arizona, Obama's Republican presidential rival in 2008, likened Brown's win to the Revolutionary War's "shot heard 'round the world" in Concord, Mass., in April 1775. McCain said the message was clear: "No more business as usual in Washington. Stop this unsavory sausage-making process."

White House officials acknowledged that one of the lessons from Massachusetts was the intensity of voter anger, but they said it wasn't so much with Obama as with Washington's failures in general and with the moribund economy.

"There are messages here. We hear those messages," senior Obama adviser David Axelrod said in an interview with MSNBC. "There is a general sense of discontent about the economy. And there is a general sense of discontent about this town. That's why we were elected."

Added Press Secretary Robert Gibbs: "There's a tremendous amount of anger and frustration about where people are economically ... I think that's what's ultimately going to define the coming political battles."

The advisers downplayed the notion that the vote was an indictment against health care reform. But Axelrod said that officials will "take into account" what voters said Tuesday. He added, "It's not an option simply to walk away from a problem that's only going to get worse."

Senate Republican leader Mitch McConnell of Kentucky said Obama has an opportunity to strike a more bipartisan approach.

"The president ought to take this as a message to recalibrate how he wants to govern and if he wants to govern from the middle we'll meet him there," he said.

On Capitol Hill, Democrats were urging their House and Senate candidates to embrace in their campaigns against Republicans the populist appeal the president had made on Sunday as he rushed to Boston to try to save Coakley and the Senate seat held by Democrats, and specifically the late Edward M. Kennedy, for nearly a century.

His attempt didn't work but House and Senate Democrats insisted that the pitch — Democrats work for the people, Republicans work for Wall Street — was simply made too late.

Brown maintained in an interview Wednesday morning that claiming the election was a referendum on Obama would be oversimplifying what had happened there. Nor, he said, was it merely a matter of voters rejecting Coakley.

Asked on NBC's "Today" show if the election was a referendum on Obama, he replied, "No, it's bigger than that."

"I just focused on what I did, which is to talk about the issues — terror, taxes and the health care plan," he said. "I don't think it was anything that she did."

Brown will become the 41st Republican in the 100-member Senate, which could allow the GOP to block the health care bill. Democrats needed Coakley to win for a 60th vote to thwart Republican filibusters.

Brown became the first Republican elected to the U.S. Senate from supposedly true-blue Democratic Massachusetts since 1972.

"I have no interest in sugarcoating what happened in Massachusetts," said Sen. Robert Menendez of New Jersey, the head of the Senate Democrats' campaign committee. "There is a lot of anxiety in the country right now. Americans are understandably impatient."

Brown will finish Kennedy's unexpired term, facing re-election in 2012. Senate Majority Leader Harry Reid pledged to seat Brown immediately, a hasty retreat from pre-election Democratic threats to delay his inauguration until after the health bill passed.

Brown led by 52 percent to 47 percent with 100 percent of precincts counted. The third candidate in the race, independent Joseph L. Kennedy, who is no relation to Edward Kennedy, had less than 1 percent.

The local election played out against a national backdrop of animosity and resentment from voters over persistently high unemployment, Wall Street bailouts, exploding federal budget deficits and partisan wrangling over health care.

For weeks considered a long shot, the 50-year-old Brown seized on voter discontent to overtake Coakley in the campaign's final stretch.


"You should never see how law or sausages are made" department - in italics
Dems' dirty deals
NYPOST
By MICHAEL TANNER
Last Updated: 6:32 AM, January 11, 2010
Posted: 1:54 AM, January 11, 2010

So, have you been following those health-care negotiations on C-SPAN?

OK, that was below the belt. Maybe it's unfair to expect the negotiations to be televised just because President Obama promised they would be -- at least eight times. But at least we know that the media will be able to cover the conference to reconcile differences between the House and Senate bills.

Oops, I guess we won't see that either -- because the Democratic leaders have decided to forego the traditional procedure. Instead, they'll rely on a seldom used method known informally as "ping pong," because it involves passing an amended bill back and forth until the House and Senate can agree. Doing it this way lets House Speaker Nancy Pelosi and Senate Majority Leader Harry Reid avoid all that messy public debate and media scrutiny.

Of course, Pelosi insists that the process is "the most transparent in history." Sure. That's why we're still finding hidden goodies in the bill rammed through the Senate on Christmas Eve.

Now famous is the "cornhusker kickback" -- the provision that has taxpayers in states like New York picking up the cost of Nebraska's Medicaid expansion forever. But most people don't realize that there were also lesser Medicaid deals for Louisiana and Vermont as well.

What are we to make of the provision that exempts three Florida counties from cuts in the Medicare Advantage program? Or that hospitals in certain key states like Nevada also received increases in their payments under traditional Medicare, even as other hospitals were seeing their payments cut?

Nor should we forget the $100 million slipped in for a still unnamed hospital in Connecticut; money for asbestos abatement in a Montana town; ethanol subsidies, and an exemption from a new insurance tax for companies in Michigan and (surprise!) Nebraska.

Most recently, it was discovered that the Senate bill contained a special goody for the building-trade unions, lowering the threshold for the mandate on employers to provide insurance from 50 employees to 5 for that industry.

Imagine what might've happened if this process weren't so "open" and "transparent."

Still, it's possible to sneak a peak into the back rooms and get an idea for the final deal that is beginning to take shape. Among the likely outcomes:

The "public option" is dead: Liberals are starting to face the fact that the final bill won't contain a government-run insurance plan to compete with (and eventually supplant) private insurance. Instead, there will be a "semi-public" option: national private insurance plans overseen by the federal Office of Personnel Management and resembling the Federal Employee Health Benefit Plan.

Costs are going up: In exchange for dropping the public option, House liberals are demanding a rise in subsidies to help people pay for insurance. There's also a push to speed up the date when these subsidies and other benefits kick in. As a result, the bill's price range is rapidly rising to more than $1 trillion over its first 10 years.

So are taxes: Obama has now thrown his support behind a Senate proposal for a 40 percent excise tax on so-called Cadillac insurance plans. Still, House members, backed by labor unions and liberal activists, are holding out in favor of higher income taxes on "the wealthy." Some brand-new taxes are now being discussed, including a new tax on investments. This one could still derail the whole thing.

Abortion remains the ticking time bomb: Both pro-life and pro-choice Democrats are threatening to bring down the bill over language on government funding of abortion. This is a moral issue for both sides that doesn't easily allow for splitting the difference.

Democrats can't afford to lose a single vote in the Senate and have just a three-vote margin in the House. If they're going to resolve these and other important issues in ways that keep both liberal House members and moderate senators on board, it won't be pretty. The final outcome is likely to have a lot more to do with special deals than with good public policy.

No wonder they don't want us to see it.

Report: Slight cost increase in Senate health bill
YAHOO
By DARLENE SUPERVILLE, Associated Press Writer
Jan. 9, 2010

WASHINGTON – The Senate's plan to expand health coverage to 34 million more Americans would raise costs slightly, government economic experts said in a report Saturday.

Over time, cost-cutting measures could start to reduce the annual increases in health care spending, offering the possibility of substantial savings in the long run. At the same time, however, some of the Senate's Medicare savings could be unrealistic and cause lawmakers to roll them back, according to Medicare's top number crunchers.

The study found that health spending, which accounts for about one-sixth of the economy, would increase by less that 1 percent over the coming decade even with so many more people receiving coverage.

Health and Human Services Secretary Kathleen Sebelius said the report shows the Senate bill would slow the rate of health care costs, strengthen Medicare and provide millions more people with insurance coverage.

President Barack Obama used his weekly radio and Internet address Saturday to play up the brighter side of the overhaul he hopes to sign in time for his first State of the Union address to a joint session of Congress in a matter of weeks.

He said it would ban "the worst practices of the insurance industry" even as he acknowledged it would take several years — until 2014 in some instances — for some of the changes to be fully in place. That has disappointed consumers and their advocates.

"Now, it'll take a few years to fully implement these reforms in a responsible way," the president said. "But what every American should know is that once I sign health insurance reform into law, there are dozens of protections and benefits that will take effect this year."

Among them, Obama said:

_People with illnesses or medical conditions will be able to buy affordable health insurance.

_Children with such conditions will no longer be denied coverage.

_Small-business owners who can't afford to cover their employees will get tax credits to help them do so.

_Insurance companies will be required to offer free preventive care to their customers and will be prohibited from dropping coverage when someone becomes ill.

"In short, once I sign health insurance reform into law, doctors and patients will have more control over their health care decisions and insurance company bureaucrats will have less," Obama said. "All told, these changes represent the most sweeping reforms and toughest restrictions on insurance companies that this country has ever known."

House and Senate versions of the overhaul would require nearly all Americans to get coverage and provide subsidies for many who can't afford the cost, but they differ on the details. Among the remaining sticking points are whom to tax, how many people to cover, how to restrict taxpayer funding for abortion and whether illegal immigrants should be allowed to use their own money to buy coverage in new insurance markets.

Obama had several meetings with Democratic lawmakers at the White House this week to help resolve those differences. In one instance, he signaled to House Democratic leaders that they must drop their opposition to taxing high-end insurance plans to pay to extend coverage to millions of uninsured people. The tax, which is in the Senate bill, is largely opposed by House Democrats and organized labor.

Saturday's report cited this tax on "Cadillac" health plans, as well as reductions in annual increases to Medicare providers, as having potential to hold down costs. But the authors were skeptical that Congress could stand the political fallout, noting that the Medicare cuts "may be unrealistic."

At the same time, the proposed 40 percent excise tax on high-cost health plans would hit more and more people over time, virtually guaranteeing lawmakers would feel pressure to ease the tax.

Republican lawmakers, saying the bills cost too much and impose too much government control, are near unanimous in opposing the legislation.



Jobs first, then let's talk about health-care reform
Editorial from the Seattle Times
Thursday, January 7, 2010 - Page updated at 05:46 PM


SUPPORTERS of the health-care-reform bills seem to believe they would raise the scope and standards of coverage and lower costs at the same time. If only it were so. But in this case, as in most others, doing more costs more — a lot more.

Much of American politics is driven by imperatives expressed as, "Every American should have "X." The "X" changes: It can be health care or something else. Often this page has agreed, and no doubt will again. But right now we fill in the blank this way:

Every American should have the best possible opportunity to find work.

Given the shrinkage of the economy since 2007, this is not the time to promise every American a new benefit. And that is what these bills want to do. By their attempt at generosity, they would raise the cost of creating a job, especially by small employers.

Some small employers now offer employees no coverage. Under the Senate bill, if employers had one employee receiving a federal subsidy to buy insurance — and the bill creates these subsidies — the employer would have to pay a 2- to 8-percent tax on the entire payroll. And a payroll tax is a tax on the creation of jobs.

Also, the Senate bill would create a minimum benefit package in the individual and small-group markets. Because this package would be richer than many now offered, Premera Blue Cross estimates that it would add 21 percent to costs in the small-group market. With other new mandates in the bills, plus the cost of inflation that's already happening, Premera estimates that the average cost of family coverage for a small-business employee will rise from $1,000 a month currently to $2,600 just four years from now.

That is too heavy a load to accept right now.

This is not an argument for being mean. It is an argument for getting people back to work, and earning cash to support their families. Do that first, and have the discussion about new social guarantees later.



YOU DON'T EVER WANT TO SEE HOW LAWS AND SAUSAGES ARE MADE DEPARTMENT
CT's own Congressman Larson (l):
 
"The important thing for us now is to close ranks behind the president and get a bill done."  If it looks like a...

Democrats begin work to finalize health care bill
YAHOO
By ERICA WERNER, Associated Press Writer
Jan. 5, 2010

WASHINGTON – President Barack Obama and congressional Democrats embarked Tuesday on the tough work of ironing out differences between House and Senate health care legislation with the aim of quickly approving a bill as midterm elections near.

"Now is not the time to get stuck on any one point," Rep. John Larson, D-Conn., said as he headed into a meeting with Speaker Nancy Pelosi and other House leaders to discuss their priorities for the final bill. "The important thing for us now is to close ranks behind the president and get a bill done."

Both houses have passed legislation to remake the health care system, extending coverage to millions who lack it while cracking down on industry practices such as denying insurance on the basis of pre-existing medical conditions.  There are numerous differences between the two bills, include provisions on illegal immigration and abortion, a dispute over a government-run insurance option — the House wants one, but the Senate bill omitted it — as well as the size and extent of federal subsidies to help lower-income families afford coverage.

The House bill is more generous with subsidies than the Senate measure, and many House Democrats are concerned with ensuring that insurance will be affordable since the legislation will require most people to buy it. At the same time, some moderate Senate Democrats don't want the bill's price tag to grow. At nearly $1 trillion over 10 years, the House bill is more expensive than its Senate counterpart.

"The affordability credits is going to be a critical part of this discussion," said Rep. Chris Van Hollen, D-Md.

The president planned to begin work with congressional leaders Tuesday to resolve those and other thorny issues. Following the meeting of House leaders, Obama was to meet with Pelosi and Majority Leader Steny Hoyer in the Oval Office, with Senate Majority Leader Harry Reid and Assistant Majority Leader Dick Durbin joining the meeting by phone.

In a posting Tuesday on the White House blog, White House Communications Director Dan Pfeiffer wrote that there is "an unavoidable temptation among the media to focus on the five percent of differences between the two versions, instead of the remarkable 95 percent the bills have in common. But, even as difficult work does remain, it is important not to lose perspective of how far we have come and how close we are to enacting health reform."

The aim is to finish up by early next month, hopefully before Obama delivers his State of the Union address, though the date for that has not been set.

To that end congressional leaders plan to dispense with the formal process of appointing a conference committee to work out the differences in the bill. Instead top House and Senate Democrats and White House officials will aim to reach agreement among themselves, then have the two houses vote as quickly as possible. A 60-vote Senate majority would be required in advance of final passage.

The format is drawing criticism from Republicans who contend Democrats are operating in secret. "My Republican colleagues and the American people have been largely shut out of the health care reform proceedings thus far, as Democrat leaders packaged their health care bills behind closed doors and layered them with billions of dollars in sweetheart deals to woo undecided Democrats," Sen. John Cornyn, R-Texas, said Tuesday.

As a candidate, Obama pledged during a presidential debate in January 2008 that he would be "bringing all parties together, and broadcasting those negotiations on C-SPAN so that the American people can see what the choices are."

That has not occurred, and even C-SPAN is taking note. The network released a letter Tuesday from chief executive Brian Lamb to congressional leaders asking for the talks to be opened to cameras.

"President Obama, Senate and House leaders, many of your rank-and-file members, and the nation's editorial pages have all talked about the value of transparent discussions on reforming the nation's health care system," Lamb wrote in the Dec. 30 letter. "Now that the process moves to the critical stage of reconciliation between the chambers, we respectfully request that you allow the public full access, through television, to legislation that will affect the lives of every single American."

White House press secretary Robert Gibbs defended the process, saying newspapers have been filled with details of the bills.

"I don't think there's anybody that would say that we haven't had a thorough, robust, now-spanning-two-calendar-years debate on health care," he told reporters.

Gibbs said Obama's top priority is "getting the differences worked out, getting a bill to the House and the Senate."



You remember him, don't you?

Health bills nudge US on long-term care insurance
YAHOO
By CARLA K. JOHNSON, AP Medical Writer
Dec. 28, 2009

CHICAGO – Most people don't buy long-term care insurance. They simply don't want to think about moving into an assisted living center or hiring a stranger to bathe them.

Seven years ago, Robert Myers of suburban Chicago did buy long-term care insurance. Myers' wife, who died in December 2008, needed care as she fought cancer.

"It was a godsend," Myers, 64, an Episcopal priest, says of the insurance. "It didn't cover everything, but it broke the back of the bills."

Unlike Myers, most people may want to plan for the future, but they need a nudge to overcome their avoidance and laziness. At least that's the assumption behind a program tucked into the health care overhaul legislation emerging from Congress.

The program would create a voluntary long-term care insurance program to be run by the government.

Voluntary, yes. But workers at participating companies would be automatically enrolled — critics say "tricked into" enrolling — unless they opted out. People would see a deduction for the program from their paychecks — estimates range from $160 to $240 a month — unless they signed a form or clicked a box saying they wanted to keep the money.

The proposed program would help shift the financial burden of an aging population from Medicaid, now the largest funder of long-term care, to individuals. The federal-state health insurance program for the poor is straining state budgets.

"The caregiving burden in this country will be huge" as baby boomers age, says Dr. Robert Butler, who heads the International Longevity Center and favors the long-term care insurance proposal.

Governments and the private sector can and should nudge people into doing what's best for them, some economists say. A best-selling book, "Nudge: Improving Decisions About Health, Wealth and Happiness," made the notion popular. President Barack Obama named "Nudge" co-author Cass Sunstein to an Office of Management and Budget post.

"No one thinks they need long-term care until two years after they need it," says Richard Thaler, the other co-author of "Nudge." "The theme of our book is we should try to help people make decisions without telling them what they have to do."

Automatic enrollment in 401(k) retirement savings plans has succeeded in increasing enrollment to more than 90 percent at some companies. But people can more easily picture themselves retiring than becoming incapacitated by illness, and they know they can get their savings back — if the stock market cooperates — when they do retire and start withdrawing from their 401(k).

Long-term care insurance may look like a gamble because any individual may never need the benefit.

The easier it is for people to sign up the more people will sign up, says Jeremy Pincus of Forbes Consulting Group, a private company specializing in applying psychological theory to business problems.

"The question is," Pincus says, "is it a good thing to basically trick people into getting something that's good for them?"

The long-term care insurance program is detailed in the CLASS Act, or Community Living Assistance Services and Support Act, which is part of both the House and Senate bills.

It would work like this:

Any actively working American could participate, but would have to pay premiums for at least five years before being eligible to make a claim. Premiums would be stable over a person's life, unless the government had to raise them to keep the program solvent.

Benefits would be at least $50 a day once a person became seriously cognitively impaired or unable to perform at least two or three daily activities, such as dressing and eating, without assistance. Students and the poor would be able to enroll for $5 a month, which would mean other participants would subsidize them.

The program is meant to be self-supporting, without government subsidies. But some worry too few healthy people would enroll, leaving a group of enrollees at higher risk for needing long-term care — and not enough money in the program to care for them.

"If premiums are $2,000 a year, some people are going to look at that and say, 'Boy, that's pretty steep. ... I'll worry about that risk some other time,'" says Allen Schmitz, an actuary with the independent consulting firm Milliman Inc.

Schmitz says automatic enrollment might help increase sign-ups, but Medicare's chief actuary has predicted enrollment as low as 2 percent. That could require raising premiums, which would mean even fewer people would participate.

Given that, Schmitz says he sees "significant risk" that the program will fail. Rate increases will be more likely with the government program than in the private market, he says.

As long as Medicaid provides a safety net, many people won't believe they need long-term care insurance, says University of Illinois business professor Jeffrey Brown, a former member of the Social Security Advisory Board. The nudge of automatic enrollment could help, he says.

"People do respond to automatic enrollment," Brown says. "They don't unenroll."

Myers, the Chicago-area priest, says his wife's annual premium was $1,533, and the rate remained the same over the years. All told, they paid nearly $9,000 in premiums for her policy. Their claims for Bonnie's care, at an assisted living center and at home, added up to $37,162.

He says he tells people to consider buying long-term care insurance on the private market through a broker. "My advice would be definitely do it. It's just part of good financial planning."




UConn could get big boost from Dodd amendment
By Judy Benson Day Staff Writer
Article published Dec 23, 2009

Late in the negotiations for the Senate version of the health care reform bill, Democratic Sen. Chris Dodd worked to add a provision that could help the University of Connecticut partially fund the new hospital it has been seeking to replace the antiquated John Dempsey Hospital in Farmington.

Dodd, chairman of the Banking Committee and a senior member of the Senate Committee on Health, Education, Labor and Pensions, is facing stiff competition for re-election in November. He introduced the amendment to the main bill, designed to increase the number of Americans covered by health insurance and enact other reforms, that passed its second test vote in the Senate on party lines Tuesday.

Dodd's amendment would allocate $100 million to build a university hospital that conducts research and has inpatient and outpatient services, criteria met by the UConn hospital and 11 others at public universities across the country, according to Dodd spokesman Bryan DeAngelis.

The federal funds would be distributed as a grant that would be administered by the federal Department of Health and Human Services, which would also decide which of the eligible public universities would receive all or part of the $100 million. The grant could cover no more than 40 percent of the total cost of the new hospital.

"These provisions will bring millions of dollars to the state so that Connecticut's residents can receive quality, affordable health care," Dodd said in a statement, referring to the university hospital measure and to others he added that would benefit community health centers and Medicaid and SAGA recipients and increase Medicare payments to hospitals.

DeAngelis provided a list Tuesday of the 11 other public universities with medical schools and hospitals that would be eligible to apply for the grant. It includes Indiana University, the University of Colorado, the University of Iowa, the University of Maryland, the University of Minnesota Medical Center and the University of Mississippi.

In response to a request for comment on the amendment, UConn issued a statement from university President Michael Hogan.

"We very much appreciate Sen. Dodd's willingness to offer up this proposal and we can't thank him enough for all his hard work on behalf of the state and the University of Connecticut," Hogan said. "We are currently looking at the language in the bill and are hopeful that this will become law so that we can apply for the grant. Without question, UConn has a compelling case to make for awarding this funding to our institution.

"All of us want to bring resources to Connecticut that improve the quality of health care and increase access to care in our state."

UConn has been seeking a new, $475 million hospital to replace its aging 224-bed facility in Farmington, which had a $12 million deficit in 2008. A new hospital is seen as key to UConn's and the state's ability to attract and retain medical and dental students as well as doctors, dentists and other health professionals.

The current hospital also provides specialty and dental care to many of the state's uninsured as well as those with Medicaid, HUSKY, SAGA or other government insurance that some private hospitals and dentists don't accept because of low reimbursement rates.

A proposal announced a year ago to merge management of the UConn hospital with Hartford Hospital is "not on the table anymore," UConn health center spokeswoman Carolyn Pennington said Tuesday.

UConn's board of trustees is developing a new proposal that it hopes to submit to the General Assembly in the 2010 session, Pennington said.


Democrats Face Challenge in Merging Health Bills
NYTIMES
By ROBERT PEAR and DAVID M. HERSZENHORN
December 22, 2009

WASHINGTON — Even as the Senate took a significant step toward passing its version of a sweeping overhaul of the health insurance system before Christmas, Democrats were grappling Monday with deep internal divisions over abortion, the issue that most complicates their drive to merge the Senate and House bills and send final legislation to President Obama.

In the House, advocates and opponents of abortion rights and conservative Democrats have made clear that they object, for different reasons, to the Senate’s compromise language on abortion. Interest groups on both sides of the spectrum — Planned Parenthood on the abortion rights side, Catholic bishops for the anti-abortion rights camp — also oppose the abortion provision in the Senate bill, leaving Speaker Nancy Pelosi with a challenge in rounding up the votes she needs in the House.

Ms. Pelosi’s room for maneuvering is limited because any changes to the language in the Senate bill could unravel the deal that provided Democrats with the 60 votes they need to get the legislation through the Senate.

Ms. Pelosi, the Senate majority leader, Harry Reid of Nevada, and the White House will have to find a way forward on abortion even as they confront other big differences between the House and Senate bills, including how to pay to expand insurance coverage to more than 30 million Americans and whether to include a government-run plan to compete with private insurers.

The Senate bill cleared a major hurdle early Monday, when the Senate voted 60 to 40, along party lines, to limit debate on the guts of its measure. Two more votes are set for Tuesday. Calling it a “historic vote,” Mr. Obama said, “The United States Senate knocked down a filibuster aimed at blocking a final vote on health care reform, and scored a big victory for the American people.”

Senate Democrats got another lift on Monday when the American Medical Association endorsed their legislation, which embodies Mr. Obama’s top domestic priority.

“Of all the organizations and individuals that have supported this bill, I rate this one as the most important,” said Senator Christopher J. Dodd, Democrat of Connecticut and a co-author of the bill.

Jubilant and exhausted after winning the 1 a.m. test vote, Democrats on Monday were already thinking ahead to the next stage of the legislative process. The Senate and the House will try to hash out their differences, with members of the House under intense pressure to accommodate the tenuous deals in the Senate despite their ideological qualms. And no issue is shaping up to be more complex than abortion.

Representative Bart Stupak, Democrat of Michigan and the author of the anti-abortion provisions in the House bill, said Monday, “It would be extremely difficult for me to vote for a bill” taking the Senate approach on abortion.

The House, more liberal than the Senate on many issues, would impose more stringent restrictions, barring coverage of abortion by any health plan bought even partly with federal subsidies.

Under the bill that is likely to be approved this week by the Senate, health plans could cover abortion. But people who enroll in such plans would have to write two premium checks, one for abortion coverage and one for everything else. Insurers would have to keep separate accounts, and state officials would police the “segregation of funds.”

Douglas D. Johnson, legislative director of the National Right to Life Committee, said it was difficult to envision a compromise because “people opposed to abortion see it as the taking of innocent human life.”

Senator Barbara Boxer, Democrat of California, said Monday that the compromise she struck last week with Senator Ben Nelson, Democrat of Nebraska, offered a potential road map for successful negotiations on the issue with the House.

In an interview, Mrs. Boxer said the Senate bill created “a firm wall” that would prevent the use of federal money to pay for insurance coverage of abortions, meeting a demand of opponents of abortion rights, while allowing women to use their own money to buy health plans that cover the procedure.

“When you have both extremes saying they’re unhappy, I think it’s a fair compromise,” Mrs. Boxer said. “Because we have this compromise that’s being attacked on either side, I think that gives us momentum going into the final conference.”

Sixty-four House Democrats, representing one-fourth of the House Democratic caucus, voted for stringent restrictions on insurance coverage of abortion. And 41 of them voted for passage of the House bill, so they constitute a crucial bloc. The bill was approved, 220 to 215, on Nov. 7.

But leading supporters of abortion rights in the House said they would not vote for a final bill if it included those restrictions, which they fear would curtail access to abortion for many women who already have insurance.

The House bill would establish a tax surcharge on income over $500,000 for individuals and over $1 million for couples. The Senate bill would tax high-cost employer-sponsored health plans and increase the Medicare payroll tax on individuals with incomes over $200,000 and couples over $250,000.

Lawmakers said they could envision a compromise mixing the two approaches.

More than 190 House members have gone on record against the Senate’s proposed excise tax on “Cadillac health plans,” which is also opposed by organized labor. But the White House and some health economists say the tax could help control health costs by encouraging employers to shop for cheaper policies that would not be hit by the tax.

It is unclear whether the House and the Senate will appoint a formal conference committee or just try to work out their differences in negotiations with Democratic leaders and committee chairmen from the two chambers. In any event, White House officials expect to play a huge role.

The Senate may have the upper hand in negotiations on a government health plan, championed by liberal Democrats.

Senate Democratic leaders dropped the public option after concluding they could not get 60 votes for it. Their bill calls instead for two or more nationwide health plans, to be offered by private insurers under contracts negotiated with the federal Office of Personnel Management.

Ronald F. Pollack, executive director of Families USA, a liberal advocacy group that works closely with the White House, said Monday: “I think we will not have a public option in the final bill. It would be close to impossible to pass it in the Senate.”

On this, as on several other issues, Mr. Pollack said, “the Senate has somewhat greater leverage than the House” because Senate Democrats need 60 votes, the exact number in their caucus, to overcome Republican opposition.

Senator Joseph I. Lieberman, independent of Connecticut, said, “There is a natural tendency to split the difference between the Senate and the House.” But on major issues in the health bill, Mr. Lieberman said, “splitting the difference means you won’t have 60 votes in the Senate.”

In the eyes of consumers and voters, the success of the legislation will hinge, to a large degree, on whether it makes insurance more affordable. One of the most important issues for House and Senate negotiators is how to aid low- and middle- income people.

The House would expand Medicaid to cover people with incomes less than 150 percent of the poverty level ($33,075 for a family of four). The Senate would expand eligibility to 133 percent of the poverty level ($29,327 for a family of four). Many advocates for low-income people prefer the House approach.

You know the industry has read the bill - since they wrote it!
Healthcare shares rise as reform bill progresses
YAHOO
Dec. 21, 2009

BOSTON (Reuters) – Healthcare shares rose on Monday as a bill to reform healthcare passed the first critical test in the Senate, without many of the provisions, such as a government-run health insurance option, that investors most feared would hurt profits.

The S&P Healthcare Index (.GSPA) rose 1.4 percent, while the Morgan Stanley Healthcare Payor stock index (.HMO) rose 3.6 percent. The S&P Managed Health Care index (.GSPHMO) rose 4.6 percent.

"All in all, relative to the last version of health reform issued by the Senate, things have turned out pretty well for the health insurance industry," said Carl McDonald, an analyst at Oppenheimer. "In particular, all versions of a government-run health plan have largely been eliminated."

The original Senate bill taxed the health insurance industry a fixed $6.7 billion a year. Under the new proposal, the industry would face a $2 billion tax in 2011, with increases over time to $10 billion in 2017.

Analysts said the new proposal would allow insurers time to factor the tax into pricing.

The bill would require most Americans to have insurance, expanding the membership rolls for health insurers. At the same time, it replaces a proposed government-run public insurance option with less onerous exchanges to cover those who are not covered through their employment.

Matthew Borsch, an analyst at Goldman Sachs & Co., said Cigna Corp (CI.N) remains his favorite among health insurers.

"Aside from reform, the important backdrop to our sector view is fundamentals, which are decidedly mixed but with the key being that downside risk to commercial margins is mitigated by firming of industry pricing," he said in a research note.

Shares of Cigna rose 5.3 percent to $37.69. Shares of Aetna Inc (AET.N) rose 5.84 percent to $34.41. Humana Inc (HUM.N) rose 3.79 percent to $45.17 and United Health Group Inc (UNH.N) rose 5 percent to $33.14. Shares of Wellpoint Inc (WLP.N) rose 3.8 percent to $60.51.

Shares of pharmacy benefit managers Medco Health Solutions Inc (MHS.N) rose 3.84 percent to $65.51 and Express Scripts (ESRX.O) rose 5.2 percent to $88.77 as concern eased that an industry tax could be added to the bill in the final days leading up to the vote.

"Based on discussions with our political consultant in Washington, we believe that a PBM tax is now not part of the final Senate bill," said Steven Valiquette, an analyst at UBS Securities.

Shares of Allergan Inc (AGN.N), maker of the anti-wrinkle treatment Botox, rose 1.7 percent to $61.68 after it dodged a bullet that would have placed a 5 percent tax on cosmetic surgery, wrinkle-filling injections and similar procedures. Instead, a 10 percent tax would be placed on indoor tanning salons.

The bill's revisions delayed a tax on medical device manufacturers until 2011. The total tax on the industry would be unchanged at nearly $20 billion.

Shares of St. Jude Medical Inc (STJ.N) rose 1 percent to $37.18; shares of Stryker Corp (SYK.N) rose 0.6 percent to $50.78 while shares of Zimmer Holdings Inc (ZMH.N) rose 0.9 percent to $58.97. Shares of Medtronic Inc (MDT.N) slipped 3 cents to $43.19.


CT benefits, too...
Deep in Health Bill, Very Specific Beneficiaries
NYTIMES
By ROBERT PEAR
December 21, 2009

WASHINGTON — Buried in the deal-clinching health care package that Senate Democrats unveiled over the weekend is an inconspicuous proposal expanding Medicare to cover certain victims of “environmental health hazards.”

The intended beneficiaries are identified in a cryptic, mysterious way: individuals exposed to environmental health hazards recognized as a public health emergency in a declaration issued by the federal government on June 17.

And who might those individuals be? It turns out they are people exposed to asbestos from a vermiculite mine in Libby, Mont.

For a decade, Senator Max Baucus, Democrat of Montana, has been trying to get the government to help them. He is in a position to deliver now because he is chairman of the Finance Committee and a principal author of the health care bill.

Working for a 21st consecutive day, the Senate on Sunday pushed toward a final vote on Christmas Eve on the bill, which would provide health insurance for more than 30 million Americans. Democrats said on Saturday that they had secured the 60th vote needed to pass the bill, and a 60-to-40 procedural vote early Monday morning was the first in a series testing their ability to maintain party unity on the issue.

David Axelrod, a senior adviser to President Obama, appeared on television talk shows on Sunday with other White House aides in an effort to reframe the debate and to rally Democrats around the bill. Despite polls that show declining public support for the measure, Mr. Axelrod said it would prove to be popular once people learned more about it.

“People understand we’re on the doorstep of doing something really historic that will help the American people and strengthen our country for the long run,” he said.

Mr. Axelrod said the provisions benefiting specific states, like Nebraska, and favored constituencies were a natural part of the legislative process.

“Every senator uses whatever leverage they have to help their states,” Mr. Axelrod said on the CNN program “State of the Union.” “That’s the way it has been. That’s the way it will always be.”

Republicans said they would resist the legislation with every tool available, and they denounced the deal struck on Saturday. “This process is not legislation,” said Senator Tom Coburn, Republican of Oklahoma, referring to a variety of special-interest provisions. “This process is corruption. It’s a shame the only way we can come to a consensus in this country is to buy votes.”

Mr. Baucus defended the assistance for those affected by the asbestos site in his state. “The people of Libby were poisoned and have been dying for more than a decade,” he said. “New residents continue to get sick all the time. Public health tragedies like this could happen in any town in America. We need this type of mechanism to help people when they need it most.”

Items were inserted into the bill by the Senate majority leader, Harry Reid, Democrat of Nevada, to get or keep the support of various lawmakers. He needs support from all 60 members of his caucus to overcome a Republican filibuster and pass the bill by his self-imposed Christmas deadline.

Senator Ben Nelson, Democrat of Nebraska, was the critical final Democrat to endorse the bill. He obtained tighter restrictions on insurance coverage of abortion, and additional Medicaid money and other benefits for his state.

Another item in the package would increase Medicare payments to hospitals and doctors in any state where at least 50 percent of the counties are “frontier counties,” defined as those having a population density less than six people per square mile.

And which are the lucky states? The bill gives no clue. But the Congressional Budget Office has determined that Montana, North Dakota, South Dakota, Utah and Wyoming meet the criteria.

Another provision would give $100 million to an unnamed “health care facility” affiliated with an academic health center at a public research university in a state where there is only one public medical and dental school.

Senators and their aides said on Sunday that they were not sure who would qualify for this money or who had requested it.

Dr. Atul Grover, the chief lobbyist for the Association of American Medical Colleges, said he believed that Commonwealth Medical College, a new school in Scranton, Pa., was a likely candidate.

Reached at home on Sunday, Dr. Robert M. D’Alessandri, the president of the medical school, said initially, “We meet the conditions” in the Senate proposal. But then he said he was not so sure.

The Senate health bill, like one passed by the House last month, would impose tough new restrictions on referrals of Medicare patients by doctors to hospitals in which the doctors have financial interests. The package assembled by Mr. Reid would provide exemptions to a small number of such hospitals, including one in Nebraska.

Under the original Senate bill, doctor-owned hospitals could qualify for this exemption if they were certified as Medicare providers by Feb. 1, 2010. Mr. Reid’s proposal would move the deadline to Aug. 1, 2010.

Molly Sandvig, executive director of Physician Hospitals of America, which represents doctor-owned hospitals, said the change would benefit Bellevue Medical Center, scheduled to open next year in Bellevue, Neb.

Under the proposal, Ms. Sandvig said, “doctor-owners can continue to refer Medicare patients to the hospital” in eastern Nebraska.

“Senator Nelson has always been a friend to our industry,” she said. “But doctor-owned hospitals in other states were not so fortunate. They would not meet the Aug. 1 deadline.”

Another provision of the bill would increase Medicare payments to certain “low-volume hospitals” treating limited numbers of Medicare patients. Senator Tom Harkin, Democrat of Iowa and chairman of the Senate health committee, said this “important fix” would help midsize Iowa hospitals in Grinnell, Keokuk and Spirit Lake.

Another item in Mr. Reid’s package specifies the data that Medicare officials should use in adjusting payments to hospitals to reflect local wage levels. The officials can use certain new data only if it produces a higher index and therefore higher Medicare payments for these hospitals.

Senate Democrats said this provision would benefit hospitals in Connecticut and Michigan.

Mr. Reid’s proposal also provides additional money to several states to help pay for the expansion of Medicaid to cover many childless adults and parents who did not previously qualify.

Senate Democrats said Saturday that the cost would probably be less than $100 million over 10 years. But the Congressional Budget Office said Sunday that the cost of this provision, benefiting Massachusetts, Nebraska and Vermont, “is approximately $1.2 billion over the 2010-2019 period.” Massachusetts and Vermont have been leaders in providing health insurance to their residents.

Nebraska, with help from Mr. Nelson, won a particularly generous arrangement under which the federal government would indefinitely pay the full cost of covering certain low-income people added to the Medicaid rolls under the bill.

Republicans derided this provision as the “Cornhusker kickback.” And they said it was typical of the favors Democrats had given to Mr. Nelson and a handful of other senators.

“You’ve got to compliment Ben Nelson for playing ‘The Price is Right,’ ” said Senator Richard M. Burr, Republican of North Carolina. “He negotiated a Medicaid agreement for Nebraska that puts the federal government on the hook forever. Not for six years, not for 10 years. This isn’t the Louisiana Purchase; this is the Nebraska windfall.”


Page last updated at 08:32 GMT, Monday, 21 December 2009
The US Capitol seen at night as senators dbated healthcare reform
Senators worked into the night before the vote was called at 1am

US healthcare reform passes a key vote in the Senate

President Barack Obama's main domestic priority, healthcare reform, has cleared a key hurdle in the US Senate.

Senators voted 60 to 40 along party lines to end debate on a compromise bill, putting the legislation on course to face a final vote on Christmas Eve.

The final Senate bill will then have to be reconciled with a more expansive one passed by the House of Representatives.

The reform measure aims to extend health coverage to more than 30m people who currently lack health insurance.

The long, often acrimonious, debate culminated in a procedural vote at 0100 (0600 GMT) on Monday, when the Democratic caucus voted unanimously to overcome delaying tactics by the Republicans.

Americans have already issued their verdict, they don't want it
Mitch McConnell
Senate minority leader


The Democrats had been confident after Democratic Senator Ben Nelson, who had been holding out for further changes, on Saturday agreed to a compromise and announced he would back the bill.

Sixty votes are needed to bypass a lengthy debate, or filibuster. The Democrats control exactly 60, so every vote counts.

"We'll get this passed before Christmas and it will be one of the best Christmas presents this Congress has ever given the American people," said Democratic Senator Tom Harkin.

Republicans have argued that the legislation is flawed.

"Mark my words, this legislation will reshape our nation. And Americans have already issued their verdict. They don't want it," said Senate minority leader Mitch McConnell.

Three further votes are scheduled this week on the issue.

Differences

President Obama has set health reform as a key plank of his first term and wants the Senate to pass the bill by the end of the year.

Two things are critical to getting a bill through the Senate: bring on the pork, cut the talk
Mark Mardell, North America editor

The legislation - designed to secure coverage for millions of uninsured Americans - could lead to the biggest changes in US healthcare in decades, if approved.

Under the Senate bill, most Americans would have to have health insurance, while private insurers would be banned from refusing to provide insurance because applicants had pre-existing medical conditions.

Insurance would be made more affordable with subsidies available to help those in lower income bands, the Democrats say.

People would also have access to new insurance market places.

The Senate bill must be reconciled with the legislation passed by the House before President Obama can sign it into law.

There are, however, key differences.

The House version still includes a government-run health insurance plan, or public option, that was removed from the Senate version.

There are also differences over how to pay for the reform.



Five Reasons It Might Not Pass:  Obamacare tests Lincoln’s adage that without public sentiment nothing can succeed.
National Review
By Rich Lowry & Robert Costa
December 21, 2009, 4:00 a.m.

Harry Reid got his 60. Ben Nelson resorted to the typical Washington expedient in such situations and bought into a few window-dressing compromises, in exchange for an enormous Medicaid benefit to his state. The Cornhusker Kickback joins the Louisiana Purchase as the latest evidence that there’s nothing like a hundred million or so in federal dollars to alleviate a senator’s deeply held concerns about the substance of Obamacare. Nelson’s sellout is a gigantic step toward the passage of the bill, but it’s not over yet. Here are five obstacles that still stand between Reid-Pelosi and a White House signing ceremony:

1. Public Revulsion. The bill was already under water in every major public-opinion poll, and opposed by a margin of almost 2 to 1 in the latest CNN poll. The latest NBC News/Wall Street Journal poll put its support at freezing, 32 percent. A few ticks downward and the bill will be in the 20s.

Is anything that has happened recently likely to change the trajectory? The Reid bill just got even longer, and the new version includes more tax increases. Even by the standards of the United States Congress, the process has been hide-the-children ugly: massive payoffs to the on-the-fence senators and a heedless, late-night rush to pass something, anything. The Democrats have shown no inclination to let public opinion hold them back, but the stiff headwind makes everything a little harder and reduces an already-small margin for error.

One subset of public opinion will be particularly important: Nebraska. If Nelson is perceived to have made a career-defining choice that will end his designation as a conservative Democrat and a pro-lifer, and if he takes an immediate dive in the polls, it will cast a pall over other Blue Dogs inclined to play ball. In that case, the various payoffs on offer won’t seem worth the larger cost of supporting the bill. It’s too early to tell exactly how it’s going to play in Nebraska, but Nebraska Right to Life has been appropriately excoriating about Nelson’s betrayal.

Democrats have set out to disprove Lincoln’s adage that without public sentiment nothing can succeed. They may yet succeed, but sailing into the teeth of such a howling headwind of public opinion won’t be easy.

2. The Stupak Dozen. Nelson cut a deal so far short of the Stupak language in the House that the National Right to Life Committee is going to score the cloture vote on the bill as a vote to subsidize abortion on demand. That won’t matter to anyone in the Senate, but it could have a major effect in the House. After her initial 220–215 victory, Pelosi can afford to lose only two net votes. Bart Stupak has declared the Nelson language unacceptable and vows to oppose the final bill if it doesn’t include the restrictions contained in his amendment. As John McCormack points out, earlier in the year Stupak was part of a bloc of Democrats who wrote a letter to Pelosi saying they’d stand against “any health-care-reform proposal unless it explicitly excludes abortion from the scope of any government-defined or -subsidized health-insurance plan.” Eleven of those signatories voted for the House bill.

Then there’s Joseph Cao, the Louisiana Republican who voted for the bill at the last moment during the first House vote but has said he would vote against the bill — even if doing so might cost him his seat — if it funds abortion. Surely, not all of the Stupak Dozen have that level of commitment. The full weight of the Democratic establishment will come crashing down on them if they threaten the bill. Still, it would take only two or three of them to upset the entire effort. One option would be simply to give them what they want. But will Barbara Boxer stand for the Stupak language in the Senate? This has been a devilish dilemma for the Democrats from the beginning, and it hasn’t gotten any easier as the stakes have gotten higher.

3. Who Pays? As a practical matter, it should be relatively easy to find a compromise on revenue sources. That doesn’t involve a hot-button cultural issue or a matter of deep principle like abortion. But the differences in financing between the Senate and the House bills are vast. The Senate relies on a so-called Cadillac tax on pricey insurance plans, the House on a surtax on the wealthy. The Senate long ago declared the surtax anathema, and the House is just as dismissive of the Cadillac tax. The unions hate the Cadillac tax, since they enjoy such plans themselves, the fruit of collective bargaining. If the House gives in, it will create even more unrest on the Left. If the Senate gives in, it could upset the fragile deal for 60. If this disagreement over financing doesn’t represent as dire a threat to the future of the bill as the other factors we are cataloguing, it’s still a stumbling block.


4. Feeling Blue. “Blue Dog Democrat” is understandably becoming a term of derision, denoting a willingness to object only enough to be noticed before caving in to the Democratic leadership. Yet the Blue Dogs still have to be a worry for supporters of the bill. When Obamacare first passed the House, 28 Blue Dog Democrats, more than half of their 52-member coalition, were on board. This is a pool that surely includes some very nervous votes. As Michael Barone points out, nearly 70 percent of the Blue Dogs represent districts that voted for John McCain. A vote for this bill must look even more like a potentially career-ending decision now than it did the first time around.

Keep an eye especially on the Pennsylvanians. Rep. Patrick Murphy already has four GOP opponents in his suburban Philadelphia district. After supporting round one of Obamacare, the auto bailouts, TARP, and the stimulus, Murphy may be looking for a way back toward the center. Reps. Kathy Dahlkemper and Christopher Carney, both elected in the 2006 anti-Bush sweep, represent blue-collar districts in the Keystone State in which Obama failed to reach 50 percent last year. You can bet that trio is watching the polls. Other Blue Dogs are simply getting out. In the past month, Reps. Bart Gordon (D., Tenn.), Dennis Moore (D., Kan.), and John Tanner (D., Tenn.) have all announced their retirements.

Don’t count on the Blue Dogs, though, since most of them are experts at folding under pressure.

5. The Left. Progressives are pained, at what should be their very moment of triumph. The Senate dashed their dreams of the public option. Without it, many on the left are abandoning ship. “This is the real sticking point,” said Howard Dean last Sunday. “There hasn’t been much fight from the White House on that.” It was always unlikely, no matter how much Bernie Sanders grumbled, that left-wing senators would block the deal. It’s easier to imagine a firebrand or two in the House doing it. No fewer than 60 liberals in the House imprudently made a pledge to oppose a bill without a public option. Almost all of them can be expected to eat it. But what if one or two don’t? Public-option scold Rep. Anthony Weiner (D., N.Y.) is continuing to pressure Obama to move further left. “What we’re saying is now’s your moment, big guy, you’re the Mariano Rivera of this situation,” he said to MSNBC last week. “You’re going to come in at the end, and there’s still a chance to do it.” That’s not going to happen, but perhaps a few of Weiner’s colleagues are ideologically besotted enough to lash out at the president’s “betrayal” when he doesn’t come in.

All of this means that Democrats shouldn’t be celebrating until they have the bill on Obama’s desk. But make no mistake: The momentum for the bill that Reid had to fake a week or so ago is now real, at least within Congress. Early next year, the question may shift from whether Democrats can pass the bill, to whether Republican can make the sort of gains in 2010 and 2012 necessary to repeal it.

— Rich Lowry is the editor of National Review. Robert Costa is the William F. Buckley Jr. Fellow at the National Review Institute.



Last holdouts back in the good graces of the Majority - Senators Lieberman and Nelson

60-40  
National Review
Robert Costa blog
Monday, December 21, 2009

As expected, the Democrats won this battle. Harry Reid got his 60 votes to end debate. Some were bought (Landrieu, Nelson, Sanders), others nudged (Lincoln, Bennet). One was wheeled in (Byrd) and another came in from the cold (Lieberman). Passage by Christmas is likely. For that, the Democrats will need only 51 ayes on their side. Should it pass, it’ll be onto the House for Obamacare, where another fight awaits.

Were there any surprises? No, not really. The only moment during the vote when I clenched fists and bit my lower lip came when the clerk rolled past the K-names and onto the L’s. Lieberman, I thought, is the only one who could change his mind at the last minute. He didn’t. Jim Webb, who I had hoped would be the quiet one to deliver a surprise knockout blow, disappointed. Olympia Snowe, however, did not. After making the GOP sweat following her vote to move the bill out of the Finance Committee, she stuck to her call for more debate time and voted against cloture. Good for her.


Conrad: House must stick close to Senate bill
The Washington Times
ASSOCIATED PRESS
Originally published 10:49 a.m., December 20, 2009, updated 11:25 a.m., December 20, 2009

The chairman of the Senate Budget Committee says the House must stick close to the Senate's version of health care reform or risk losing the 60 votes needed to pass it in the Senate.

Sen. Kent Conrad, North Dakota Democrat, said on "Fox News Sunday" that the 60 votes needed to stop a filibuster would not hold together unless the Senate bill emerged largely intact from a House-Senate conference.

Once the Senate approves the bill, conferees would have to work out a compromise that would be submitted to each house. The House bill includes a government-run public option; the Senate bill does not.

In addition, Senate Democratic leaders made concessions to some of their members to get them on board, most recently Sen. Ben Nelson of Nebraska.

The White House, meanwhile, is defending President Obama's stand in support of the health care legislation amid concern from liberals that Mr. Obama is giving up too much to get a deal done.

Senior presidential adviser David Axelrod said the legislation that Democrats in the Senate are poised to pass on Christmas Eve matches the goals that Mr. Obama has set. He said those include affordable choices for people without health insurance and more protections for people who already have coverage.

Mr. Axelrod said no major law in the nation's history has been passed without compromise.

He spoke Sunday on NBC's "Meet the Press."


Lieberman ripped over health care; Senator's blocking tactics enrage Rep. DeLauro; Courtney also ramps up his criticism
By Ted Mann Day Staff Writer
Article published Dec 16, 2009

Hartford - Even as U.S. Sen. Joe Lieberman, D-Conn., indicated he might be ready to vote for a stripped-down version of the federal health care reform bill Tuesday, at least one member of Connecticut's congressional delegation was calling for his head.

U.S. Rep. Rosa DeLauro, D-3rd District, suggested Lieberman should be recalled from office for his efforts to block major portions of the proposed legislation now moving through the Senate.

U.S. Rep. Joe Courtney, D-2nd District, didn't go as far as his colleague, but Courtney - a health care policy specialist in his state legislature days and a fervent supporter of the current effort to overhaul the health care system and cover more of the uninsured - was a lot more vocal about his dissatisfaction with Lieberman than he had been just weeks ago.

Lieberman's recent opposition to a public option to provide a competitive alternative to private insurance "doesn't reflect what's happening on the ground in Connecticut," Courtney said Monday in an appearance on MSNBC, noting the recently approved merger of two insurers in the state.

Asked Tuesday to respond to DeLauro's comments about Lieberman - the veteran Democratic congresswoman from New Haven said the senator was holding reform "hostage" and should be recalled - Courtney was more critical than he has been throughout months of debate over how to reform the health care system.

"Congressman Courtney believes that Senator Lieberman should keep faith with the people of Connecticut and his previously articulated positions to move real health care reform forward," said Brian Farber, the congressman's communications director.

Farber also pointed to a Nov. 12 Quinnipiac University poll, one repeatedly cited by Connecticut supporters of the health care reform package, which showed a 56-37 percent majority in favor of the public option.
In a statement released Tuesday, Lieberman said he could support aspects of the underlying Democratic reform legislation provided it does not expand Medicare coverage or include other provisions like the public option. The senator and his staff have refused repeated requests to discuss his views on health care and the legislation with The Day.

Obama meets with senators

In Washington, meanwhile, President Barack Obama met privately at the White House with senators on Tuesday. Differences still remain over details, the president said, but he spoke in highly favorable terms about the measure that party leaders hope to pass by Christmas.

The bill includes "all the criteria that I laid out" in a speech to a joint session of Congress earlier in the year, Obama said. "It is deficit-neutral. It bends the cost curve. It covers 30 million Americans who don't have health insurance, and it has extraordinary insurance reforms in there to make sure that we're preventing abuse."
With the president urging lawmakers to look beyond disappointments they may have about parts of the legislation, several Democrats said that in the private session, liberals lamented the absence of a government-run insurance option they had long sought.

"There was frustration and angst," said U.S. Sen. Jay Rockefeller, D-W.Va. U.S. Sen. Sheldon Whitehouse, D-R.I., agreed: "There's a lot of that going around."  Rockefeller added that Obama had emphasized the historic nature of the legislation, quoting him as saying the bill was the "biggest thing since Social Security." Rockefeller added, "It's hard to ignore that."

U.S. Sen. Chris Dodd, D-Conn., issued a more conciliatory statement, saying, "I know there's a lot of frustration out there, both at Joe's position on the public option and at the way he's conveyed it. I share that frustration. But I also know that we have a job to do right now: Pass health care reform that offers people more choices, brings down costs, provides better care and, in the end, saves lives. We're on track to deliver that bill, and I am going to keep working towards that goal."

The meeting followed an intense two days in which Democrats struggled - apparently successfully - to keep the legislation moving forward despite a flare-up over a proposal to expand Medicare to uninsured men and women as young as 55.

Lieberman announced on Sunday that he opposed the proposal, and he threatened to join Republicans in voting against the overall measure if it stayed in the bill.

Democrats are now ready to jettison the Medicare change, and Lieberman told reporters that, assuming they do - and that any government plan or Medicare expansion stays out of the bill - "then I'm going to be in a position where I can say what I've wanted to say all along: that I'm ready to vote for health care reform."

That left U.S. Sen. Ben Nelson, D-Neb., the only known potential holdout among the 60 senators who are members of the party's caucus. Nelson has been seeking changes to increase restrictions on abortion coverage in the new insurance marketplace the bill would establish.

Democrats need 60 votes to overcome a threatened Republican filibuster.

Reformers' anger at Lieberman

DeLauro, whose district includes New Haven and some surrounding towns, angrily broke an uneasy peace among Connecticut's all-Democratic delegation to the Congress in an interview with POLITICO, the Washington-based political news outlet.

"No individual should hold health care hostage, including Joe Lieberman, and I'll say it flat out, I think he ought to be recalled," POLITICO quoted DeLauro as saying Tuesday.

Connecticut law has no provision for recall of state officials - though the concept has been considered in recent years after a spate of state and municipal corruption scandals - and rules on expulsion from branches of Congress are controlled by the House and Senate themselves.

But DeLauro's remarks are a stark departure from the tone of the state's delegation in recent months, as Lieberman has increasingly frustrated reform supporters with his opposition to key facets of the Democratic package, including several that he has supported in the past, like a purchasing exchange for health insurance plans for the uninsured and a proposal to let those under age 65 buy in to Medicare.
Lieberman remains a registered Democrat despite still-resonant and bitter battles with his party's base since his near-defeat in 2006. And despite vigorous opposition to his recent maneuverings in the health care debate, the Connecticut delegation members have notably refrained from directly criticizing him.

But that could be changing.

"It's very disappointing for those of us who have been out there doing the town hall meetings and making the case, and seeing that the public really has stayed with us on this issue, to see the position that he announced over the weekend," Courtney said on "The Ed Show" on MSNBC Monday night.

"Again, the Medicare buy-in, as you point out, was part of the Democratic platform going back to the Gore/Lieberman campaign," Courtney said. "And certainly, it would seem that that was a reasonable attempt to try and get his vote given the fact that he went out and campaigned for vice president on that issue."

No flip-flop

In a written statement of his own Tuesday, released by his press staff, Lieberman said there is "much that is needed and worthy in the core bill that I support." And he rebutted claims that he had "flip-flopped" on issues like the Medicare buy-in, which he supported in less dire fiscal times.

"The process to reach agreement on a bill has often been difficult, but I sense we are now taking significant steps forward to obtain 60 votes on the Senate floor," Lieberman's statement said in part. "I look forward to passing a bill that will give the American people genuine health care reform without impeding our recovery from the current recession or adding to our exploding national debt."
Portions of an Associated Press report were included in this story.

Lieberman Gets Ex-Party to Shift on Health Plan

By DAVID M. HERSZENHORN and DAVID D. KIRKPATRICK
December 15, 2009

WASHINGTON — Just the thought of Joseph I. Lieberman makes some Democrats want to spit nails these days. But Mr. Lieberman, the Connecticut independent, is not the least troubled by his status as Capitol Hill’s master infuriator — and on Monday he showed how powerful that role can be at a time when Democrats cannot spare a single vote.

The day before, Mr. Lieberman threatened on national television to join the Republicans in blocking the health care bill, President Obama’s chief domestic initiative. Within hours, he was in a meeting at the Capitol with top White House officials.

And on Monday night, Democratic senators emerged from a tense 90-minute closed-door session and suggested that they were on the verge of bowing to Mr. Lieberman’s main demands: that they scrap a plan to let people buy into Medicare beginning at age 55, and scotch even a fallback version of a new government-run health insurance plan, or public option.

Mr. Lieberman said he believed that the Medicare expansion was off the table, though he did not get any guarantee. “Not an explicit assurance, no,” he said. “But put me down tonight as encouraged at the direction in which these discussions are going.”

Mr. Lieberman could not be happier. He is right where he wants to be — at the center of the political aisle, the center of the Democrats’ efforts to win 60 votes for their sweeping health care legislation. For the moment, he is at the center of everything — and he loves it.

“My wife said to me, ‘Why do you always end up being the point person here?’ ” he said, flashing a broad grin in an interview on Monday.

Just hours after his televised threat to kill the bill, Mr. Lieberman said, he left a meeting with Senate leaders and top White House officials in the office of the majority leader, Harry Reid, more certain than ever that he held all the cards.

“Harry said, ‘We will do what we can do to secure this,’ ” Mr. Lieberman recalled. “He said, ‘I have got some work to do with other members of the caucus.’ But he said, ‘My own feeling is we need you to get to 60 and so I am going to do my best.’ ”

Many Democrats say they have given up trying to divine the motivations of Mr. Lieberman. Some have suggested that he is catering to insurance industry interests back home. Others say he realizes that he cannot win re-election in 2012 without appealing to Republicans and independents, especially because Democrats will be energized with Mr. Obama running that year.

Mr. Lieberman says he favors the essential elements of the health care legislation but fears that expanding government programs would compound the federal debt. Mr. Lieberman, who lost a Democratic primary in 2006, won re-election as an independent and campaigned aggressively against Mr. Obama last year, said he felt “liberated” from party loyalty.

Perhaps no one confounds Mr. Reid and Senate Democrats more. And back in Connecticut, the anger is often raw.

“If you think you are sick of Joe Lieberman now,” Jim Shea, a columnist in The Hartford Courant, wrote Monday, “just wait until you get sick.” Liberal bloggers have attacked him as “a joke” and worse.

Mr. Lieberman’s threat to block the bill blew up a proposed deal among the Democratic caucus that Mr. Reid had hailed as a breakthrough.

After the meeting on Monday evening, Senate Democratic leaders said they still hoped to pass the bill before Christmas, and Mr. Obama invited the caucus to the White House on Tuesday for more talks.

Democratic leaders said they were caught off guard on Sunday morning by Mr. Lieberman’s threat and accused him of acting in bad faith. His comments sent White House officials, including the chief of staff, Rahm Emanuel, scrambling to the Capitol for a meeting to pinpoint where he stood.

Democratic leaders noted that Mr. Lieberman on numerous occasions had voiced support for the Medicare buy-in proposal that he now wants dropped. It was part of a health care proposal that he championed as Al Gore’s running mate in the 2000 presidential race, and three months ago he expressed support for the same concept.

“What I was proposing was that they have an option to buy into Medicare early,” Mr. Lieberman says on a video distributed by Democrats on Monday.

In the interview, he did not dispute that he once supported the idea but said he had not recalled having done so, or the context, until Mr. Reid’s office confronted him about it.

Campaign finance advocates have attacked Mr. Lieberman as “an insurance industry puppet,” suggesting that he wants to protect private health insurers from competition because he has received more than $1 million insurance company campaign contributions since 1998.

During his 2006 re-election campaign, Mr. Lieberman ranked second in the Senate in insurance industry contributions. Connecticut is a hub of the insurance business, with about 22,000 jobs specifically in health insurance, according to an industry trade group.

In the interview, Mr. Lieberman dismissed assertions that he was doing the industry’s bidding. “It’s hogwash and it’s weak,” he said, noting that he had often sided against the companies. He said he favored a proposal, not included in the health care bill, that would end the insurers’ limited exemption from federal antitrust laws.

Mr. Lieberman complained that some people had begun attacking his wife, Hadassah, urging that she be fired from her job at a nonprofit organization that fights breast cancer, because she previously worked in public relations for two pharmaceutical companies.

Mr. Lieberman’s opposition to a bigger government role in health care runs counter to public opinion in his state, according to polls. In a Quinnipiac College survey last month, a majority of voters said they supported a so-called public option.

Douglas Schwartz, director of the Quinnipiac poll, said the profile of Mr. Lieberman’s public support suggested he was shifting into a moderate Republican. Mr. Lieberman insisted that it was his liberal colleagues who were holding the health care bill hostage.

“People have said to me, including some people in the caucus: ‘We know you are for health care reform. You know how important this is to the president. Would you yourself stop this from happening?’ ” he said.

“So I say: ‘There is a wonderful core health care reform bill on the Senate floor. Would my liberal friends in the caucus stop that from happening and prevent the president from getting this major goal that he has set because they want to add more on to that? Why won’t they be reasonable?’ ”


Maybe...
Lieberman Rules Out Voting for Health Bill
NYTIMES
By ROBERT PEAR
December 14, 2009

WASHINGTON — In a surprise setback for Democratic leaders, Senator Joseph I. Lieberman, independent of Connecticut, said on Sunday that he would vote against the health care legislation in its current form.

The bill’s supporters had said earlier that they thought they had secured Mr. Lieberman’s agreement to go along with a compromise they worked out to overcome an impasse within the party.

But on Sunday, Mr. Lieberman told the Senate majority leader, Harry Reid, to scrap the idea of expanding Medicare and to abandon the idea of a new government insurance plan, known as a public option.

On a separate issue, Mr. Reid tried over the weekend to concoct a compromise on abortion that would induce Senator Ben Nelson, Democrat of Nebraska, to vote for the bill. Mr. Nelson opposes abortion. Any provision that satisfies him risks alienating supporters of abortion rights.

In interviews on the CBS News program “Face the Nation,” Mr. Lieberman and Mr. Nelson said the bill did not have the 60 votes it would need to get through the Senate.

Senate Democratic leaders, including Mr. Reid and Senator Charles E. Schumer of New York, said they had been mindful of Mr. Lieberman’s concerns in the last 10 days, so they were surprised when he assailed major provisions of the bill on television Sunday. He reiterated his objections in a private meeting with Mr. Reid.

A Senate Democratic aide, flummoxed by Mr. Lieberman’s stance, said, “It was a total flip-flop and leaves us in a predicament as to what to do.”

Democrats are desperately trying to round up 60 votes and conclude Senate debate on the health care bill before Christmas.

Mr. Reid could not immediately figure out how to achieve that goal at a meeting he held Sunday with senior Democratic senators and White House officials, including Mr. Obama’s chief of staff, Rahm Emanuel.

The Senate Republican leader, Mitch McConnell of Kentucky, said that passage of the bill was looking less and less inevitable. The Democrats “are in serious trouble on this,” he said, “and the core problem is the American people do not want us to pass it.”

On television Sunday, Mr. Lieberman said: “We’ve got to stop adding to the bill. We’ve got to start subtracting some controversial things. I think the only way to get this done before Christmas is to bring in some Republicans who are open-minded on this, like Olympia Snowe.”

Senator Snowe, of Maine, has tried to find common ground with Democrats. But she has rejected Mr. Reid’s proposal to let uninsured people ages 55 to 64 purchase coverage under Medicare.

Mr. Lieberman described what it would take to get his vote. “You’ve got to take out the Medicare buy-in,” he said. “You’ve got to forget about the public option. You probably have to take out the Class Act, which was a whole new entitlement program that will, in future years, put us further into deficit.”

The Class Act refers to a federal insurance program for long-term care, known as Community Living Assistance Services and Supports.

Mr. Lieberman said he would have “a hard time” voting for bill with the Medicare buy-in.

“It has some of the same infirmities that the public option did,” Mr. Lieberman said. “It will add taxpayer costs. It will add to the deficit. It’s unnecessary. The basic bill, which has a lot of good things in it, provides a generous new system of subsidies for people between ages 55 and 65 and choice and competition.”

Mr. Nelson said he wanted to know the cost of the Medicare buy-in. “I am concerned that it’s the forerunner of single-payer, the ultimate single-payer plan, maybe even more directly than the public option,” Mr. Nelson said.

Mr. Lieberman cautioned Senate Democrats to limit their appetite for expansive new programs.

“The bill itself does a lot to bring 30 million people into the system,” Mr. Lieberman said. “We don’t need to keep adding onto the back of this horse or we’re going to break the horse’s back and get nothing done.”


Medicare buy-in plans runs into Senate resistance
YAHOO
By CALVIN WOODWARD, Associated Press Writer
December 13, 2009

WASHINGTON – A plan to let people as young as 55 buy into Medicare, heralded as a breakthrough in the Senate's health care debate, ran into resistance Sunday from lawmakers who can make or break Democrats' efforts to reshape the nation's health insurance system.

Independent Sen. Joe Lieberman of Connecticut declared the early Medicare buy-in a bad deal for taxpayers and the deficit. He pleaded with Democrats to start subtracting expensive proposals from the overhaul, saying, "We don't need to keep adding onto the back of this horse or we're going to break the horse's back and get nothing done."

Government accountants are poring over the latest compromise proposals to see how much they would cost, and some lawmakers are reserving judgment until that plays out this week. Democratic Sen. Claire McCaskill of Missouri said she would "absolutely" vote against the package if it seemed destined to increase people's out-of-pocket costs and the national debt.

In the meantime, only a few moderates have come out against the Medicare plan. But in a legislative struggle that is a game of inches, Democrats need all 60 votes in their caucus, and they don't yet have them.

The early Medicare buy-in was part of a compromise reached last week when Senate Democrats dropped the idea of setting up a federal health insurance plan to compete with private insurers. Many Democrats who had favored that public option only grudgingly let it go, in return embracing the Medicare proposal as an appealing way to help people 55 to 64 — a group often vulnerable to losing employer-based health insurance when it's needed the most.

Under the compromise, private nonprofit plans overseen by the federal government would be offered in the marketplace.

Sen. Jay Rockefeller, D-W.Va., said he was working with Lieberman and others on controlling Medicare costs, and he voiced confidence fellow Democrats can get past their divisions. Party leaders, resuming the debate Sunday, are pushing hard to finish the Senate overhaul legislation before Christmas and to begin negotiations with the House, which has passed its plan.

But while saying "I want to be a friend of the process," Sen. Ben Nelson, D-Neb., sounded distinctly down on the Medicare proposal.

"I'm concerned that it's the forerunner of single-payer — the ultimate single-payer plan, maybe even more directly than the public option," he said. By single-payer, he meant national health insurance run by Washington.

Nelson already says he won't support the bill unless fellow Democrats establish a firewall to ensure no public money goes toward abortion coverage.

Lieberman was a firm opponent of the bill's original plan for a public insurance option. Even with it out, he said he would find it hard to vote for the bill if it contains the Medicare buy-in as written. "The opposition to it has been growing as the week has gone on," he said. Lieberman, Nelson and Rockefeller spoke on CBS' "Face the Nation." McCaskill was on "Fox News Sunday."



How 'reform' abuses research

By ALAN REYNOLDS
Last Updated: 7:14 AM, December 12, 2009
Posted: 3:00 AM, December 12, 2009

For a sense of how re search is being misrepresented in the health care debate, look no farther than the campaign for a government-run health plan.

Without such a "public option," it's claimed, some states will have too few choices among private health insurers. The popularity of some health plans is offered as evidence of monopoly and high premiums -- rather than evidence of superior performance in keeping customers satisfied.

Wall Street Journal columnist David Wessel writes, "There are plenty of places where one or two insurance companies dominate the market, much to the consternation of employers and consumers. 'Most Americans live in markets dominated by a small number of insurers, and most markets are becoming more concentrated over time,' Northwestern University economist Leemore Dafny and two colleagues reported in a recent National Bureau of Economic Research working paper. 'Increases in concentration do raise premiums,' they said."

Actually, the authors of that paper wrote, "We do not find evidence that premiums are rising more quickly in markets that are becoming more concentrated." On the contrary: "Premiums are not rising more quickly in markets experiencing the greatest increases in concentration" [emphasis in the original].

What part of the word "not" is difficult to understand?

Wessel's selected quote ("increases in concentration do raise premiums") refers to a single unique merger. Out of many mergers among health-insurance companies and HMOs, the study found "only one" -- the 1999 merger of Aetna and Prudential Healthcare -- that significantly increased the merged firms' share of a few local markets. They contend that this briefly raised premiums, which is the basis of Wessel's quote.

Yet the authors also note that the merger had "no lingering effect on market concentration after 2002." Enrollment in the newly combined firm reached 21 million in 1999, but "fell rapidly thereafter [to] 13 million in 2002." If the combined Aetna-Prudential plans actually "dominated" many markets, how could they possibly lose 8 million (38 percent) of their enrollees in just three years? Companies without serious competition can't easily lose business to competitors.

Wessel is alluding to a new Dafny paper, with Mark Duggan and Subramaniam Ramanarayanan, which claims, "Markets are becoming more concentrated over time." Specifically, the trio say: "The four-firm concentration ratio for the nation as a whole . . . increased from an impressive 58 percent in 1998 to 79 percent in 2006."

In fact, the Census Bureau survey "Establishment and Firm Size" reports the four-firm concentration for health and medical insurance carriers was only 23.5 percent in 2002. Dafny & Co. inflate the figure to 79 percent by defining the market in a uniquely imaginative way.

As Dafny herself noted in another paper earlier this year, 82 percent of large firms don't pay premiums for employee health insurance, but instead "self-insure" by paying benefits themselves (while still contracting with an insurance company to handle the actual claims process), though many also offer their employees the option of joining an HMO.

Yet Dafny excluded self-insurance, so that HMOs accounted for more than 90 percent of the plans in the study -- even though only 20 percent of those with employer-sponsored health insurance choose an HMO, according to the 2009 Kaiser Family Foundation survey.

It is clearly nonsensical to define competition in health insurance as if HMOs accounted for more than 90 percent of "the market."

In any case, it's absurd for Wessel to cite these studies of large-company health policies -- because that market is totally different from the one for non-group customers that the "public option" is supposed to serve.

Then, too, each of the Dafny studies "does not examine the relationship between market structures and premium levels." In other words, she didn't claim premiums are higher in markets in which a few major insurers capture most of the business, nor did she offer evidence of Wessel's alleged "consternation of employers and consumers."

Those who fulminate about "market concentration" in health insurance -- including Leemore Dafny, the American Medical Association and economist James C. Robinson (who holds the Kaiser Permanente chair at UC Berkeley) -- haven't demonstrated any connection between premiums and their antiquated measures of market dominance.

Premiums are not higher in states where one or two health plans are most popular, and (as the latest Dafny paper said) "premiums are not rising more quickly in markets experiencing the greatest increases in concentration." Columnists and editorial writers who suggest otherwise are abusing bad economics to promote bad policy.



Health care loophole would allow coverage limits
YAHOO
By RICARDO ALONSO-ZALDIVAR, Associated Press Writer
December 11, 2009

WASHINGTON – A loophole in the Senate health care bill would let insurers place annual dollar limits on medical care for people struggling with costly illnesses such as cancer, prompting a rebuke from patient advocates.

The legislation that originally passed the Senate health committee last summer would have banned such limits, but a tweak to that provision weakened it in the bill now moving toward a Senate vote.

As currently written, the Senate Democratic health care bill would permit insurance companies to place annual limits on the dollar value of medical care, as long as those limits are not "unreasonable." The bill does not define what level of limits would be allowable, delegating that task to administration officials.

Adding to the puzzle, the new language was quietly tucked away in a clause in the bill still captioned "No lifetime or annual limits."

The 2,074-page bill would carry out President Barack Obama's plan to revamp the health care system, expanding coverage to millions now uninsured and trying to slow budget-busting cost increases. A tentative deal among Senate Democrats to back away from creating a new government program to compete with private insurers appears to have overcome a major obstacle to the bill's passage.

Officials of the American Cancer Society Cancer Action Network said they were taken by surprise when the earlier ban on annual coverage limits was undercut, adding that they have not been able to get a satisfactory explanation.

"We don't know who put it in, or why it was put in," said Stephen Finan, a policy expert with the cancer society's advocacy affiliate.

Democratic officials of the Senate Health, Education, Labor and Pensions Committee would not comment publicly but said the bill contains numerous provisions that will benefit patients with cancer and other life-threatening illnesses, not to mention improvements in preventive care.

Advocates for patients say they're concerned the language will stay in the bill all the way to Obama's desk.

"The primary purpose of insurance is to protect people against catastrophic loss," Finan said. "If you put a limit on benefits, by definition it's going to affect people who are dealing with catastrophic loss." The cost of cancer treatment can exceed $100,000 a year.

Under the health care bills in Congress, the major expansion of health insurance coverage won't take place until three to four years after enactment. Democrats have touted a series of consumer protections as immediate benefits Americans will secure through the legislation. Both the Senate and House bills, for example, ban lifetime limits on the dollar value of coverage.

But Finan said the change in the Senate bill essentially invalidates the legislation's ban on lifetime limits.

"If you can have annual limits, saying there's no lifetime limits becomes meaningless," he said. A patient battling aggressive disease in its later stages could conceivably exhaust insurance benefits in the course of a year.

It's unclear how widespread such coverage limits are in the current insurance marketplace. Large employers have moved away from coverage limits, but insurers have wide discretion in designing plans for small businesses and individual customers.

In the House bill, neither annual nor lifetime limits would be allowable under an essential benefits package intended to provide comprehensive coverage.


A neurological procedure?  Is"finding the nerve" covered?
Economic Scene: Finding the Nerve to Cut Health Costs
NYTIMES
By DAVID LEONHARDT
December 9, 2009

WASHINGTON

Over the next several weeks, members of Congress will be confronted with one scary story after another about what will happen if they try to cut health care costs.

Tax the costliest health insurance plans? Workers will be denied medical care. Reduce the growth of spending on home health care agencies? Elderly patients living alone will be left to fend for themselves. Set up a commission to reduce Medicare waste? Again, the elderly will suffer. Impose a tax on plastic surgery? That’s unfair to unemployed women looking to enhance their appearance. (Seriously, the plastic surgeons are making that case.)

But here’s the thing: It is abundantly clear that our medical system wastes enormous amounts of money on health care that doesn’t make people healthier. Hospitals that practice more intensive medicine, to take one example, get no better results than more conservative hospitals, research shows. And while the insured receive better care and are healthier than the uninsured, the lavishly insured — those households with so-called Cadillac plans — are not better off than households with merely good insurance.

Yet every time Congress comes up with an idea for cutting spending, the cry goes out: Patients will suffer! You’re cutting bone, not fat!

How can this be? How can there be billions of dollars of general waste and no specific waste? There can’t, of course.

The only way to cut health care costs is to cut health care costs and, in the process, invite politically potent scare stories.

I’m as skeptical as anyone of the ability of the United States Congress to formulate good policy, but the last few days have offered reason to hope that its members may be summoning the political courage to endure the scare stories.

That would be a big deal. Health costs, through Medicare, are the main source of the huge long-term budget deficit. In recent years, they have also caused insurance premiums to rise so quickly that employers haven’t had the money to give workers a decent raise. David Cutler, a Harvard health economist, estimates that the measures already in the health bills will increase the typical family’s income $2,500 a year by the end of the decade.

Real health reform also has the potential to save lives. Because we now pay doctors to provide more care rather than better care, we have not given them an incentive to reduce hospital-acquired infections and other avoidable errors. A new amendment from three senators — Susan Collins, a Maine Republican; Joe Lieberman, the Connecticut independent; and Arlen Specter, the Pennsylvania Republican turned Democrat — would increase the financial penalty for giving patients such infections.

Even this idea, however, has its own scare story. The Washington Post reported on Sunday that hospital groups were “quietly steaming” over it and suggested their support for health reform could be in danger.



One piece of encouraging news came on Saturday, when the Senate finally began listening to its own health care advisers.

To help it oversee Medicare, Congress set up an outside board of doctors, economists and other experts in 1997, called the Medicare Payment Advisory Commission. Medpac, as it’s known, tries to figure out which services Medicare may be paying too little for, thus creating shortages, and which ones it may be overpaying for.

Perhaps the single clearest example of overpayment is home health care. Home health agencies, which care for Medicare patients with specific health needs (as opposed to those receiving general long-term care), have been proliferating in recent years. Yet, according to the most recent data, they still had fat profit margins on Medicare, 16.6 percent. One reason, the Government Accountability Office found, was that fraud was rife.

So Medpac has recommended cutting home health payments, and the Senate bill would do so, by 13 percent over 10 years. On Saturday, the Senate rejected a Republican amendment, supported by a few Democrats, too, that would have blocked that cut.

The home health provision is actually typical of the cost-cutting measures that have made it into the Senate bill: it’s pretty good. It won’t be perfect, obviously. Some people somewhere may indeed have to stop working with a home health agency they like and find a new one. But that’s not a reason to waste billions of dollars a year subsidizing an industry’s profits.

The real problem with the Senate bill is that it doesn’t go far enough to cut costs and improve care. Here too, however, there are positive signs. For months, centrist Democrats have been saying that cost containment was one of their biggest priorities, but they had not done much to help the cause. That has now started to change.

“Senators are now really focused on cost containment,” says Mr. Cutler, who has been advising some of them.

The day before the Senate defeated the home health care amendment, Senators Collins, Lieberman and Specter introduced an amendment with some measures to push medicine away from the insidious fee-for-service payment system. The cost-cutting momentum continued on Tuesday, when 11 of the 13 freshman Democratic senators announced their own package of measures. Neither proposal is earth-shattering, but both would make a difference.

Among other things, the freshmen’s proposal would do more than the current Senate bill to push insurers to use a standardized payment process. Right now, doctors and hospitals often have to fill out different forms for different insurers. “There’s a lot of money there,” Len Nichols, head of health policy at the New America Foundation, says.

Intriguingly, officials from a rainbow of special interest groups showed up at the freshman senators’ news conference to praise the proposal. To me, their presence highlighted both the biggest strength and the biggest weakness of the proposal. On the one hand, it has a real chance to make it into the final bill. On the other hand, it, like the Collins-Lieberman-Specter amendment, also fails to fix the single biggest flaw in the Senate bill.

Last month, Senator Harry Reid, the Democratic leader, gutted an independent commission — a more powerful version of Medpac, meant to shield Medicare payment decisions from political interference — that many economists consider necessary. Mr. Reid’s bill would allow the commission to take action only if Medicare spending was rising even faster than total health spending. If total spending rose 8 percent one year and Medicare spending rose 7.9 percent — a miserable situation — the commission would have to sit on its hands. AARP, unfortunately, has emerged as an opponent of a strong commission.

But without one, health reform will be hobbled. And the Senate may be the only hope for changing it.

The House has shown little interest in cost control. President Obama and his administration have pushed aggressively for it, but they have limited leverage. Mr. Obama can’t credibly threaten to veto any of the health reform bills that now seem likely to emerge from Congress.

So after the 11 freshmen announced their plan on Tuesday, I caught up with Mark Warner, the Virginia Democrat who is the group’s leader, underneath the Capitol building and asked him how he and his colleagues would deal with the inevitable scare stories still to come: How do you respond to a lobbyist who effectively accuses you of killing patients?

“I don’t know any other way than you take incremental steps,” Mr. Warner said, “and you hope you get to the tipping point where fear and misinformation don’t have an effect, because people see these things don’t do what they are accused of doing.”

That, obviously, is the long-term strategy. In coming weeks, we’ll see how well Mr. Warner and his colleagues deal with the immediate pressure. The Grim Reaper is a tough opponent.




It ain't over 'til it's over department...
News Analysis: Public Option Keeps Toehold in Senate Deal on Health Bill
NYTIMES
By DAVID M. HERSZENHORN
December 10, 2009

WASHINGTON — The “broad agreement” that Senator Harry Reid announced Tuesday night on the proposed overhaul of the health care system was less a comprehensive accord among Democrats than an effort by the party’s leaders to keep the process moving ahead, even as Republicans attempt to prolong a seemingly endless floor fight.

The deal did not entirely resolve the biggest dispute: whether the legislation should include a “public option,” a government-run health plan to compete with private insurers.

Many Democrats had not even seen the agreement on Tuesday night, much less signed on to it. But by offering something to liberal Democrats and centrists, the tentative deal announced by Mr. Reid created a framework for an agreement with a chance of winning the 60 votes necessary to pass the health care bill in the Senate.  As Mr. Reid bluntly put it, as he climbed into his black S.U.V. on Tuesday night, “It has something that we think should satisfy everybody.”

The odds now seem to be that any legislation emerging from the Senate will omit the kind of straightforward, immediately available public option originally envisioned by advocates, including President Obama. But if the deal announced by Mr. Reid holds, it is likely that a bill will be sent to the White House that includes a broader and more direct role for government in the health insurance market.

Supporters of the public option want it to remove the profit motive as an obstacle to medical care, and also to menace the private insurance companies that they generally view as greedy and mean. At times, some lawmakers seemed to favor the public plan simply because private insurers hate the idea.

In Congress, opponents view the public plan as a dangerous expansion of government, creating a new entitlement program that would ultimately drive the country further into debt. Even though the Congressional Budget Office said the plan would have little impact on insurance premiums, the opponents fought it as a grave threat.

The preliminary agreement hailed by Mr. Reid was hatched in a series of meetings among 10 senators, 5 of them liberals and 5 centrists. It seeks to address all of these concerns and, more than anything, to vault Senate Democrats over the biggest obstacle to locking down 60 votes for their larger health care bill.

To satisfy the centrists, including Senator Joseph I. Lieberman, independent of Connecticut, who flatly threatened to vote against the health care bill if it included a public plan, Mr. Reid’s agreement would remove the public option as an immediate offering for people who gain insurance coverage.

To satisfy the liberal Democrats, including Sherrod Brown of Ohio and John D. Rockefeller IV of West Virginia, the agreement calls for the creation of a new menu of national insurance plans, modeled after those offered to more than eight million federal workers, including members of Congress, and their dependents.

The new insurance plans would be overseen by a federal agency, the Office of Personnel Management, which now runs the Federal Employees Health Benefits Program and directly negotiates prices and benefits packages with private insurance companies. The private firms eagerly participate because of the large customer base.

The deal also keeps the public option as a fallback plan, to be “triggered” if the health care legislation, including the new national plans, fails to meet targets for providing affordable insurance coverage to a set number of people. Such a fallback was included in the Republicans’ Medicare drug bill; it was never needed.

It is unclear whether Mr. Lieberman would ultimately accept a bill with the public plan on a trigger; he reiterated on Wednesday that he opposes the idea. But it could appeal to Olympia J. Snowe of Maine, the only Republican senator to support any version of the health care legislation (she backed it on the Finance Committee). Her support is still being courted aggressively by the White House.

Designing the new national plans to resemble the insurance coverage offered to members of Congress also holds enormous political appeal. It would provide additional choices to consumers, and it gives the entire program an aura of a government plan even though the policies would be issued by private firms like Blue Cross or Aetna.

In recent days, many Senate liberals angrily warned that they were done making concessions, saying they had already moved from a public plan tied to Medicare rates, or 5 to 10 percent above Medicare, to a much weaker plan that would negotiate rates with providers.

Mr. Reid’s version of the bill would also let states opt out of the program.

“We have compromised four times on the public option,” Mr. Brown had said. “There is no more movement on the public option.”

“Many people wanted to do Medicare for all, but that was never in the cards here,” he added. “We have moved three or four or five times on this, and those days are over.”

In the end, the liberals had no choice, and they moved again. But not without winning concessions in return, including an expansion of the ultimate public plan, Medicare. The agreement announced by Mr. Reid calls for allowing people from age 55 to 64 to buy coverage through Medicare beginning in 2011.

While it is not Medicare for all, it is Medicare for more than under current law, and the liberals view it as a major improvement for people nearing retirement, who face some of the biggest obstacles to obtaining insurance and pay some of the highest prices if they get coverage.

At first, those who want to buy in to Medicare coverage will have to pay full cost. But once provisions of the bill take effect that will provide subsidies to moderate-income Americans, those subsidies could be used to buy either private insurance or coverage through Medicare.

That liberal senators in the negotiations were bargaining from a position of strength was largely due to the strategic efforts of Senator Charles E. Schumer, Democrat of New York, who ranks third in the Democratic leadership, and who pressed Mr. Reid to include a public option in the bill.

Mr. Reid, Mr. Schumer and many others realized that further negotiation on a public option was inevitable if they were to have any hope of enacting the health care bill as a whole. The question that arose, as Mr. Reid combined rival versions of the legislation that were developed by two Senate committees, was whether a public option would be in or out of the bill at the start.

By including the public option in his blended bill, Mr. Reid, who faces a tough re-election campaign in Nevada next year, briefly transformed himself into a huge champion of the party’s leftward base. He held a big news conference to announce that he would defy centrist opponents and include the public option in the bill.

But the force behind the scenes was Mr. Schumer, who pressed for the public option on the more right-leaning Finance Committee, and began working closely with liberals. As a result, northern liberals in the Senate may have more clout at the moment that at any point since the days of Hubert Humphrey.

Mr. Reid also continued his own strategic maneuvering. When a compromise on the public plan did not bubble up from conversations between a handful of lawmakers, Mr. Reid designated the Team of 10 that ultimately negotiated the agreement.

He tapped Senator Mark Pryor, Democrat of Arkansas, as the leader of the centrists — a move to help bolster the resolve of Mr. Pryor’s fellow Arkansan, Blanche Lincoln, who is up for re-election next year and had expressed deep reservations about voting for a bill that included the public plan.

And to show liberals that he was not trying to sell them out, Mr. Reid also invited Senator Russ Feingold, Democrat of Wisconsin, to join the group, knowing that Mr. Feingold’s pasts willingness to be a lone voice for the left would make clear that supporters of the public plan were not being set up.

Still, the liberals did not get everything they wanted. There were discussions of broadening the Medicaid expansion in the bill by raising the income eligibility threshold to 150 percent of the federal poverty level from 133 percent. That proposal was deemed too expensive, and risked angering governors and was dropped.

And another demand, to finance through 2015 the Children’s Health Insurance Program through 2015, which would otherwise expire in 2013, now depends on further cost analysis by the Congressional Budget Office.

The preliminary deal may not hold. If any part of the cost analysis shows that the price tag of the bill is climbing too far, the agreement may have to be reworked.

Already some senators on the Team of 10 have refused to commit themselves to supporting the overall bill until they see how things shake out.

Senator Ben Nelson, Democrat of Nebraska and a centrist who has expressed deep skepticism about the legislation, was part of the group. He went along with the agreement reluctantly, some Democrats said, and only because the need for cost analysis meant nothing was really decided just yet.

And even if Senate Democrats reach consensus, the wrangling over the public plan is not finished. The health care bill approved by the House includes a government-run plan, and convincing the more liberal House Democratic caucus to drop it will not be easy.

Compromise in some ways, however, seems inevitable.

The fight over the public plan has never been about its short-term impact. Opponents fear it will lead down a slippery slope to a fully government-run, single-payer health system like those in many European countries.

Many of the most ardent supporters hope that it will lead down a slippery slope to a fully government-run, single-payer health system like those in many European countries. But that was not about to happen anytime soon.

For now, the Senate Democratic leadership and the White House are hailing the tentative deal as a breakthrough — even though most Democrats in the Senate have not even been briefed on the details.

Mr. Schumer, however, expressed confidence. “The feeling is if the 10 people in the room come to an agreement,” he said before the deal was announced, “it doesn’t guarantee everybody, but it’s a pretty broad reach into the caucus.”



Watered-down 'public plan' emerges in Senate
Stamford ADVOCATE
By Ricardo Alonso-Zaldivar, The Associated Press
Posted: 12/08/2009 06:56:01 AM EST
Updated: 12/08/2009 07:00:45 AM EST

WASHINGTON - They may still call it a "public plan," but private insurers - not the government - would offer coverage under a compromise Democrats are considering to win Senate passage of President Barack Obama's health care overhaul.

The latest idea bears little resemblance to the original vision outlined by liberals, and embraced by Obama, during the 2008 presidential campaign. That called for the government to sell insurance to workers and their families in competition with industry giants like UnitedHealthcare.

But instead of Medicare-for-the-masses, it would be Blue Cross Blue Shield or Kaiser Permanente, albeit with a government seal of approval from the department that handles the health plan for federal employees, including members of Congress. The Office of Personnel Management - OPM - would become an instantly recognizable federal acronym, like FDA and CDC.

"I think it's the right way to go because it's simple and the public can grasp it," Sen. Mark Begich, D-Alaska, said Monday, reflecting a general hope that a deal is close.

Lawmakers will be able to tell their constituents "you're going to get exactly what we have, and that every federal employee has, you can buy into it," Begich added.

Five moderates and five liberals tapped by Majority Leader Harry Reid, D-Nev., planned to work on the compromise Tuesday as the Senate debated the 10-year, nearly $1 trillion bill. A vote on an amendment to tightly restrict abortion coverage by health plans receiving federal subsidies could also happen Tuesday.

Reid imposed a Tuesday deadline to complete negotiations on the government-run option, according to Sen. Tom Harkin, D-Iowa, a participant in the talks.

"It's one of those kind of things in the middle that doesn't make everybody very happy but that's our compromise," Harkin said. "It's something I'm going to probably have to live with."

Said Senate Finance Committee Chairman Max Baucus, D-Mont.: "It's probably the closest proposal thus far that could get the support of 60 senators. It's got legs."

Word of a possible compromise on the public plan drew a wary reaction from liberals, who support a Medicare-like approach.

"We need a public option that is a government entity, or established by government," said Richard Kirsch of Health Care for America Now.

Insurance industry groups had little to say publicly, but privately some officials said the shift away from a government-run plan sounds promising. There was plenty of skepticism.

"This is a long, long way from the original public plan that was going to require providers to accept Medicare reimbursement at 20 percent less than the commercial market," said Robert Laszewski, a health care industry consultant. "What the heck the advantage is, I don't see."

Liberals are trying to extract a price for any compromise. Sen. Jay Rockefeller, D-W.Va., has proposed allowing people 55 and over to buy into Medicare. Others would further expand the Medicaid health program for low-income people. Finally, if private insurers don't step up to submit bids to OPM, some liberals want to authorize the federal agency itself to set up a plan.

The Senate bill now calls for a government-run plan, with states allowed to opt out. The House bill includes a government plan available in all states. Ongoing talks among Senate Democrats are nowhere near a conclusion; nonetheless, senators and aides outlined a framework that could lead to compromise.

The idea is for the government to lend its seal of approval to private plans that would be offered across the nation. The plans would be available through new state insurance markets, called exchanges. New markets would create big purchasing pools for those who now have trouble finding and keeping affordable coverage - people buying their own insurance and small businesses. Most of the 30 million consumers in the exchanges would have government subsidies to help pay premiums.

Under the compromise, any insurer could approach the federal personnel office to offer a plan in the exchanges, but the plan itself would have to be nonprofit. Most Blue Cross plans are still nonprofit, as is Kaiser, the giant health maintenance organization.

Offered alongside other private insurance in the exchanges, the OPM-approved plans would carry a special designation certifying that they meet standards comparable to those in the federal employee plan.

Supporters of the idea say it would promote competition by creating new national plans that could immediately go into states in which one or two big insurers now control the market.

Skeptics say the OPM-approved plans would be pretty much the same as other private plans offered in the new markets. They run the risk of attracting sicker patients who might think the government's seal means less chance of insurance hassles. That would mean higher premiums for those who sign up.

Solving the impasse over a government plan would move Reid closer to the 60-vote majority he needs to push a final bill through the Senate. On Monday, one moderate whose vote Reid would like to have expressed satisfaction.

"I think the discussions are going in the right direction ... away from a government-run plan," said Sen. Ben Nelson, D-Neb.


AP sources: Dems reach deal to drop public option
By DAVID ESPO, AP Special Correspondent
December 8, 2009

WASHINGTON – After days of secret talks, Senate Democrats tentatively agreed Tuesday night to drop a government-run insurance option from sweeping health care legislation, several officials said, a concession to party moderates whose votes are critical to passage of President Barack Obama's top domestic priority.

Majority Leader Harry Reid refused to provide any details at a mid-evening news conference where he told reporters a "broad agreement" had been reached between liberals and moderates on the controversial issue.

With it, he said, the end is in sight for passage of the legislation that Congress has labored over for months.

In place of a government-run plan, originally designed as a way of forcing competition on private industry, officials said the Democrats had tentatively settled on a private insurance arrangement to be supervised by the federal agency that oversees the system through which lawmakers purchase coverage. Additionally, the tentative deal calls for Medicare to be opened to uninsured Americans beginning at age 55, a significant expansion of the large government health care program that currently serves the 65-and-over population.

The officials who described the details did so on condition of anonymity, saying they were not authorized to discuss them publicly. Despite their reluctance, some senators had talked openly earlier in the day about the progress of the negotiations.

The developments followed a vote on the Senate floor earlier in the day in which abortion opponents failed to inject tougher restrictions into sweeping health care bill, and Democratic leaders labored to make sure fallout from the issue didn't hamper the drive to enact legislation. The vote was 54-45.



Based on attending the LWVCT Health Care "Fall Conference" we checked out "SustiNet" at Wikipedia online

SustiNet Explained
New Haven Independent
by Melinda Tuhus | April 17, 2009 7:58 AM

The director of a small non-profit in New Haven was worried about that a new state universal health plan might mean she’d have a harder time covering her older, less healthy workers. She was relieved to find out that’s not how it would work.

Barbara Tinney (pictured above) is executive director of the New Haven Family Alliance, learned those details during a nitty-gritty discussion of a proposal before the state legislature called SustiNet. The discussion took place Thursday night during a live airing of “21st Century Conversations” on CTV.

SustiNet, among other features, would expand a government health insurance program to bring in employees of not-for-profits and many others who are uninsured or underinsured right now. Many people would have a choice of choosing the new plan or sticking with an older private plan.

Tinney said she feared that her younger, healthier employees would go on that public program while her agency woudl end up paying more money to cover the less healthy workers. Tinney learned that under SustiNet, all the employees of a business or nonprofit would have to join together, or none could. That’s part of the bill that passed the General Assembly’s Public Health Committee in late March. Ihe point is to prevent the cherrypicking of healthy individuals by any insurance provider.

SustiNet was proposed by the Universal Healthcare Foundation of Connecticut. It was the culmination of more than two years of meetings with people from all walks of life with every kind of health coverage or lack thereof. It would create a large insurance pool to bargain for lower rates for currently uninsured or underinsured people; cut health costs through digitizing medical records linked to a central database; create “medical homes” that offer patients round-the-clock central coordination of their health care as well as guidance in managing it; and require “periodic quality review” of providers and “evidence-based medicine. Click here for mroe details.

SustiNet was spearheaded by the Universal Healthcare Foundation of Connecticut after more than two years of meetings with people from all walks of life with every kind of health coverage or lack thereof. Paul Wessel represented the foundation on Thursday night’s CTV program. Democratic North Haven State Rep. Steve Fontana (pictured to Wessel’s right) was also on the “hot seats” in the studio, peppered with questions from host N’Zinga Shani and a dozen people in the audience. Shani mentioned that Republican State Sen. Len Fasano had also been invited and his office confirmed his attendance, but didn’t show up.

Sue Feldman runs the Village of Power in Dixwell, which supports women working on their recovery from addictions. Some are on SAGA, the state health insurance plan for low income adults. “There’s a terrible process called the ‘spend down,’” she said, in which those on SAGA undergo redeterminations of eligibility, and those making just over the very low income limit lose their health coverage. She said if her clients go to jail they lose their coverage, and it’s a nightmare to get back on when they are released. Would SustiNet improve their lives? she wanted to know.

The answer was that SustiNet is portable. That coverage moves with an individual through job changes, family changes (like divorce) and other personal changes. It would also not deny coverage based on pre-existing medical conditions.

Others on the panel expressed concern about a lack of dentists who will see low-income children on the HUSKY plan; about young adults who have no coverage and end up using hospital emergency departments for their care; about would-be entrepreneurs who can’t afford to leave a steady job to develop their brilliant ideas because they need their employer-paid health benefits; about the emphasis on illness, not on wellness.

Wessel explained that SustiNet would bring state employees, Husky and SAGA users together in one large, self-insured health plan, that could gradually expand to include the uninsured and under-insured, the self-employed, and employees of small businesses, municipalities and non-profits.

After the show, Fontana explained that the bill must pass through several more committees before coming up for a vote on the floor of the state House and Senate. When a reporter asked if it could possibly pass this year, he responded that certain pieces are likely to pass. Possible examples are creating a medical home for patients, digitizing health records, and uniting state employees, Husky and SAGA users into a bigger pool. Then supporters could keep advocating for the whole plan. “It’s time,” he told an audience member, “to make some noise” in favor of significant health care reform.



Hardest hit by ObamaCare

By DICK MORRIS & EILEEN MCGANN
Last Updated: 7:10 AM, November 30, 2009
Posted: 1:08 AM, November 30, 2009

The "health-care reform" bills in Congress would hit 39 states hard with new expenses, by raising Medicaid eligibility above the cur rent income cutoffs.

The only states that won't have to raise eligibility because of the Senate bill are Connecticut, Illinois, Maine, Massachusetts, Minnesota, New Jersey, New York, Rhode Island, Tennessee, Vermont and Wisconsin (plus the District of Columbia). And the House bill would force even Massachusetts and Vermont to pay more.

Hardest hit would be Texas ($2,750 million a year in extra state spending under the Senate bill), Pennsylvania ($1,450 million), California ($1,428 million) and Florida ($909 million). Who knows if Florida could avoid imposing an income tax if it has to meet so high an unfunded mandate?

The required increases in state spending are likely to be quite high in some states whose senators are swing votes on ObamaCare:

* In Arkansas, home to swing Sens. Mark Pryor and Blanche Lincoln, the annual increased state spending would come to $402 million (not counting the federal share) -- about a 10 percent increase in the state budget, which is now $4 billion a year.

* In Louisiana, whose Sen. Marie Landrieu sold her vote on a key procedural motion in return for more Medicaid funding, the increase would come to $432 million (a 5 percent hike in state spending) -- more than wiping out the extra funds she got in return for her vote.

* In Sen. Evan Bayh's Indiana, spending would go up by $586 million a year, a rise of 4 percent.

* In Sen. Ben Nelson's Nebraska, the added state spending would be $81 million a year, a 2 percent increase.

The Sebate ObamaCare bill would cost North Dakota, home of Sens. Kent Conrad and Byron Dorgan, $14 million. South Dakota, represented by Sen. Tim Johnson, would have to boost Medicaid spending by $33 million.

The Medicaid-expansion provisions of the Senate bill are complex. In the first year of the program (2013), states must enroll anyone who earns less than 133 percent of the poverty level in their programs. For a family of four, the national average poverty level in 2009 is $22,000 a year. So any family that size that makes less than $29,000 would be eligible for Medicaid.

Many states, particularly in the South, actually have Medicaid cutoffs below the poverty level. Arkansas, for example, cuts off its Medicaid eligibility at only 17 percent of poverty level, and in Louisiana it goes up to only 26 percent. For these states, the spending increase required by the new bill is huge.

For the first three years of the program (2013-15) the federal government would pay for all of the costs of the Medicaid expansion. But, starting in the fourth year of operation -- 2016 -- the average state would be obliged to pay 10 percent of the extra cost.

For Democratic governors, this provision means sudden death. Particularly in states with limited Medicaid coverage, it would require huge tax increases.




Kill the Bills. Do Health Reform Right.  The bill is irredeemable.
National Review
By Charles Krauthammer
November 27, 2009, 0:00 a.m.

The United States has the best health care in the world — but because of its inefficiencies, also the most expensive. The fundamental problem with the 2,074-page Senate health-care bill (as with its 2,014-page House counterpart) is that it wildly compounds the complexity by adding hundreds of new provisions, regulations, mandates, committees, and other arbitrary bureaucratic inventions.
   
Worse, they are packed into a monstrous package without any regard to each other. The only thing linking these changes — such as the 118 new boards, commissions, and programs — is political expediency. Each must be able to garner just enough votes to pass. There is not even a pretense of a unifying vision or conceptual harmony.
  
The result is an overregulated, overbureaucratized system of surpassing arbitrariness and inefficiency. Throw a dart at the Senate tome:

You’ll find mandates with financial penalties — the amounts picked out of a hat.
   
You’ll find insurance companies (who live and die by their actuarial skills) told exactly what weight to give risk factors, such as age. Currently, insurance premiums for 20-somethings are about one-sixth the premiums for 60-somethings. The House bill dictates the young shall now pay at minimum one-half; the Senate bill, one-third — numbers picked out of a hat.
  
You’ll find sliding scales for health-insurance subsidies — percentages picked out of a hat — that will radically raise marginal income tax rates for middle-class recipients, among other crazy unintended consequences.
  
The bill is irredeemable. It should not only be defeated. It should be immolated, its ashes scattered over the Senate swimming pool.
   
Then do health care the right way — one reform at a time, each simple and simplifying, aimed at reducing complexity, arbitrariness, and inefficiency.
  
First, tort reform. This is money — the low-end estimate is about half a trillion per decade — wasted in two ways. Part is simply hemorrhaged into the legal system to benefit a few jackpot lawsuit winners and an army of extravagantly rich malpractice lawyers such as John Edwards.
   
The rest is wasted within the medical system in the millions of unnecessary tests, procedures, and referrals undertaken solely to fend off lawsuits — resources wasted on patients who don’t need them and which could be redirected to the uninsured who really do.
   
In the 4,000-plus pages of the two bills, there is no tort reform. Indeed, the House bill actually penalizes states that dare “limit attorneys’ fees or impose caps on damages.” Why? Because, as Howard Dean has openly admitted, Democrats don’t want “to take on the trial lawyers.” What he didn’t say — he didn’t need to — is that they give millions to the Democrats for precisely this kind of protection.
   
Second, even more simple and simplifying, abolish the prohibition against buying health insurance across state lines.
   
Some states have very few health insurers. Rates are high. So why not allow interstate competition? After all, you can buy oranges across state lines. If you couldn’t, oranges would be extremely expensive in Wisconsin, especially in winter.
   
And the answer to the resulting high Wisconsin orange prices wouldn’t be the establishment of a public option — a federally run orange-growing company in Wisconsin — to introduce “competition.” It would be to allow Wisconsin residents to buy Florida oranges.
   
But neither bill lifts the prohibition on interstate competition for health insurance. Because this would obviate the need — the excuse — for the public option, which the left wing of the Democratic party sees (correctly) as the royal road to fully socialized medicine.
   
Third, tax employer-provided health insurance. This is an accrued inefficiency of 65 years, an accident of World War II wage controls. It creates a $250 billion annual loss of federal revenues — the largest tax break for individuals in the entire federal budget.
   
This reform is the most difficult to enact, for two reasons. The unions oppose it. And the Obama campaign savaged the idea when John McCain proposed it during last year’s election.
   
Insuring the uninsured is a moral imperative. The problem is that the Democrats have chosen the worst possible method — a $1 trillion new entitlement of stupefying arbitrariness and inefficiency.
   
The better choice is targeted measures that attack the inefficiencies of the current system one by one — tort reform, interstate purchasing. and taxing employee benefits. It would take 20 pages to write such a bill, not 2,000 — and provide the funds to cover the uninsured without wrecking both U.S. health care and the U.S. Treasury.