The biggest news on health reform, of
course, hasn't been what's going on in Washington, where
negotiations to reconcile the House and Senate bills have
quietly continued. It's what's been going on in Massachusetts.
A month ago, no
one believed it could happen. A week ago, it still seemed only
the slightest possibility. But Tuesday night, Republican Scott
Brown won the right to be the new senator from Massachusetts –
and his election will have a big impact on health reform.
Brown was
elected despite the fact that Massachusetts is a reliable
Democratic state (both chambers of the Legislature are
Democrat-run, the congressional delegation is all Democrats and
so are the state office-holders), despite the fact that he vowed
to vote against health care reform (Sen. Kennedy, his popular
predecessor, spent his lifetime trying to accomplish reforms
like those Brown campaigned against), and despite the fact that
just a little over a year ago, President Obama carried the state
by 26 percentage points.
Brown beat
state Attorney General Martha Coakley 52 percent to 47 in a
contest that has been at the top of the national news for the
last few days. As Brown said in his victory speech, the campaign
started quietly, but "Air Force One made an emergency trip to
Logan Airport" on Sunday so the President could try to rescue
Coakley's campaign. Former President Bill Clinton stumped for
her for three days in the past week. As probably everyone in the
Western world knows at this point, Brown's victory gives the
Republicans their 41st Senate seat, which means the Democrats no
longer have a filibuster-proof majority.
That shifts the
balance of power in the Capitol for lots of issues: bank
reforms, cap and trade and the debate over how suspected
terrorists should be tried and treated. But the immediate
question is what it will do to health care reform, which has
occupied Congress and the President since last summer. The House
and Senate have been working on a final draft of the bill and
had hoped to pass it in the next few weeks. Now that the
Democrats have lost their critical 60th Senate vote, however, in
a campaign that sometimes felt like a referendum on health
reform, the big question is what happens to that health reform
bill? And the answer is, nobody knows.
For the past
few days, the Capitol has been buzzing with talk about a Plan B
for passing a reform bill, in case Brown should win. Some
lawmakers have advocated that the chambers finish their
negotiations quickly so members can vote before Sen. Brown is
seated, or for scaling back the bill and passing it through the
budget reconciliation process, which would only take 51 Senate
votes.
The most
popular Plan B, however, has been to convince the House to pass
the bill the Senate already passed – with no changes – and send
it to the President to sign. That would obviate the need for the
Senate to vote on the issue again.
But that plan
seems increasingly unlikely. First, House members, including
Speaker Nancy Pelosi, say they are adamantly opposed to some
parts of the Senate bill. And now that a conservative Republican
has defeated a Democrat in a blue state, some Democrats who
supported the bill last time may have second thoughts about
supporting it and other items on the Democratic agenda. For
example, moments after Brown's win, Rep. Anthony Weiner, a
liberal Democrat from New York, told CNN, "We need to
internalize this…We've got to recognize we have an entirely
different scenario…There's a limit to saying (the people) just
don't get it – that if we just pass a bill they'll get it."
CNN political
commentator David Gergen, who has served in both Democratic and
Republican administrations, said Tuesday night, "I think we're
seeing the obituary written tonight for universal health care in
the U.S. It's very unlikely to pass in its current form."
He's looking
further down the road than others seem willing to look. Speaker
Pelosi and Senate Majority Leader Harry Reid were both
maintaining that they will pass a reform bill. And as AHIP and
Humana have said for several years, the U.S. health care system
needs to be reformed.
But this
election does change the landscape, and it will soon be apparent
how. Will the bill's content change? Will it be scaled back?
Will the timetable for passing it be delayed?
A week from
now, the President will be making his State of the Union
Address. Will he be talking about reform, or will he "pivot," as
some in Washington are guessing, and make jobs and the economy
his central theme?
Where
the negotiations stand
The arguments
over why Brown beat Coakley have already begun. Was Martha
Coakley a terrible candidate? Did she lose because she took her
victory for granted and started campaigning too late? Or were
voters communicating dismay over what's going on in Washington –
maybe even specifically, over what's going on with health care
reform?
What isn't
debatable, however, is that Brown's victory will have a big
impact on the future of health reform. And here's where the
negotiations stand:
Last week,
talks between the House, Senate, the President and top
administration officials were like a three-day marathon. From
10:30 a.m. until 6:40 p.m. last Wednesday, from Thursday morning
until about 1 a.m. Friday, and then for most of Friday,
Democratic leaders were at the White House trying to work out
the differences in the House and Senate bills.
The meetings
were described as unusual (rarely does a president spend such
big blocks of time working on issues with members of Congress),
intense (no BlackBerrys or cell phones were allowed), and
productive (in a joint statement on Wednesday, House Speaker
Nancy Pelosi and Senate Majority Leader Harry Reid said they had
made "significant progress in bridging the remaining gaps").
On Friday, the
White House released this statement: "We've worked through the
gamut of issues in great depth, but there are still not final
agreements and no overall package. The next step in the process
is to evaluate the costs and savings associated with the various
proposals for each tenet of the legislation."
Therefore, some
parts of the bill were sent to the Congressional Budget Office
for analysis. The issues that lawmakers and the administration
have been grappling with include the details of how to pay for
the bill, how much Medicaid should be expanded, how generous the
subsidies to help individuals buy insurance should be, and
whether there should be exchanges in every state or just one,
national exchange.
The details of
policy provisions that have been tentatively agreed on have not
been released, but some are known:
-
Unions
and employees of state and local governments won a five-year
reprieve on the tax on "Cadillac" health plans. This creates
a need for $60 billion more in revenue
-
Pharmaceutical companies were asked to raise their financial
contribution from $80 billion over 10 years to $90 billion
-
Cuts to
Medicare Advantage were $118 billion in the Senate bill and
$170 billion in the House bill. At this point in the
negotiations, the cuts reportedly stand somewhere between
those numbers
Republicans
have been left out of all these discussions.
In addition, Sen. Ben Nelson, D-Neb., who became notorious for
negotiating a special Medicaid-payment deal for his home state
as a condition of his vote for reform, requested that either the
deal be granted to everyone, or removed from the legislation. He
insisted it always "was intended to serve as a placeholder that
would be removed during the conference negotiations and replaced
with a mechanism applying to all state governments."
Meanwhile, a CBS News poll released last week showed that the
health reform debate is hurting the approval ratings of the
President and members of Congress. Only 36 percent of Americans
approve of the way President Obama is handling the issue (54
percent disapprove), and only 46 percent approve of the job he's
doing overall (down from 56 percent in October). Only 1 in 5
Americans thinks the health reforms in Congress strike the right
balance when it comes to expanding coverage, controlling costs
and regulating insurance companies (some people think it does
too much; others think it does too little).
But the news for members of Congress is worse: 57 percent of
Americans disapprove of the way Democrats in Congress have dealt
with the issue of health reform (in fact, only 48 percent of
Democrats approve of the way Democrats have dealt with it), and
61 percent of Americans disapprove of the Republicans' approach
(only 43 percent of Republicans approve of the Republican
approach).
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