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Bleeding
The Bill
With
the single-payer option in critical condition, Congressional
Democrats turn health-care reform into a gift for insurance
companies
By
Rebecca Bowe and Steven T. Jones
The
Democratic Party has been promising a major overhaul of the
health-care system for a generation or more. Now, with President
Barack Obama and his party’s congressional leaders in a strong
position to finally reach that elusive goal by next month,
this should be a momentous time for the reform movement.
So why are so many health-reform advocates unhappy?
The answer involves policy and process. Rather than pushing
for the single-payer system that many progressive groups demand
and say is needed, Democratic leaders immediately opted for
a compromise plan they hoped would be acceptable to economic
conservatives and the insurance industry.
But Republicans are still calling them socialists for doing
it, while the insurance industry—which loves the portion of
the legislation that requires everyone to buy coverage—is
still spending $1.4 million a day to either kill the complicated
bills or turn them to its advantage.
When congressional Democrats unveiled America’s Affordable
Health Choices Act (HR 3200) on July 14, many reformists thought
a long-awaited, dramatic overhaul to a broken system was close
at hand. The insurance companies would finally be made to
adhere to ethical practices, and the Democrats would defend
their plan to establish a government-run health insurance
option that could compete with private insurers and keep them
in check.
“American
families cannot afford for Washington to say no once again
to comprehensive health-care reform,” says Rep. George Miller
(D-Calif.), who chairs the crucial House Education and Labor
Committee.
The Democrats’ bill does address some critical flaws in the
health-care system. It would greatly expand Medicare to ensure
coverage for low-income individuals and would subsidize coverage
for those earning up to 400 percent of the federal poverty
level, defined as $43,320 for an individual and $88,200 for
a family of four. The bill would forbid insurance companies
from denying coverage to patients based on a preexisting condition,
age, race, or gender. It would eliminate co-pays for preventative
care and establish a cap on annual out-of-pocket expenses.
To pay for it, the proposal would create a graduated tax on
households earning more than $350,000 a year, with the top
bracket being a 5.4 percent levy on incomes of more than $1
million.
Progressive members of Congress threw their support behind
the bill because—and only because—it included the public option.
“The public option is central to our support of health care
reform,” reads a statement from the Congressional Progressive
Caucus.
Rep. Lynn Woolsey (D-Calif.), who chairs the CPC, was quoted
on the Huffington Post as saying, “We have already compromised.
More than 90 percent of the progressive caucus would vote
today for a single-payer system. And so for us to compromise
and get behind a really good strong public plan, I mean that’s
as far as we’re going.”
While that statement indicates the precarious nature of the
current legislation—which will likely be weakened further
as it works its way through the process and merges with legislation
from the more conservative U.S. Senate—many progressive groups
aren’t even willing to go that far.
Many single-payer supporters say some reform is better than
none and that the passage of HR 3200 would represent a major
win. “We can advance many of the principles that we support
with the House bill,” says Anthony Wright, executive director
of Health Access California and an organizer for the national
reform advocacy group Health Care for America Now. The nation,
he believes, needs to endorse principles such as universally
covering Americans and making sure patients aren’t left alone
“at the mercy of the private insurance industry.”
Yet other groups fear this cure would be worse than the disease,
sending millions of new customers into a private insurance
system that simply doesn’t work and compounding existing problems.
“We’re
still pushing for a national single-payer bill,” says Dr.
James Floyd, a health-reform researcher with the nonprofit
group Public Citizen. “While we’re open to other options,
we haven’t seen anything [in proposals by Democratic congressional
leaders] yet that is acceptable.”
That position has plenty of support among the general public
and reform-minded organizations, for whom single-payer continues
to be the holy grail.
The
current proposal “doesn’t change the system one bit,” says
Leonard Rodberg, a member of Physicians for a National Health
Program, who works in health policy. “These bills are requiring
that people buy insurance, but there are no numbers about
how much the insurance would cost. And if the cost of the
insurance is still too high, you can remain uninsured.”
And as negotiations center on the government-run insurance
option, the concept of scratching the status quo and offering
free Medicare-like health care to every American instead has
fallen to the wayside.
Rep. John Conyers (D-Mich.) got 84 co-sponsors for his single-payer
bill, HR 676, and hearings were held in June to explore the
option, but congressional leaders then took it off the table.
The reasons why seem to be as much about political will as
they are about campaign contributions from the insurance industry.
As one high-level congressional staffer tells us, many lawmakers
won’t back a single-payer system in part because they “don’t
want to have to respond to being accused of being a socialist
by the right wing.”
Then there’s the insurance lobby. “They spend hundreds of
millions,” the staffer says. “They lobby Congress, and they
provide millions to campaigns. They have Fox News. But the
single-payer movement is growing by leaps and bounds.”
Rodberg said the insurance industry would love to see a mandate
to buy insurance approved at a time when insurers are losing
customers because the economy is shedding thousands of jobs
each month. “This is a bailout for the insurance companies,”
Rodberg says. “But there’s absolutely nothing in this legislation
that will control costs, because it just leaves it to the
insurance companies and the market.”
Dr. Jim G. Kahn, president of the California Physicians’ Alliance
and a professor at University of California, San Francisco
with expertise in health policy, says that he believes the
proposed bill falls short of the goal of comprehensive, universal
coverage. “ ‘Universal’ was recently redefined by [Montana
Sen. Max] Baucus as 95 percent—i.e., 15 million uninsured,”
Kahn writes in an e-mail. “Reaching even that level will be
hard, due to the complexity of enforcing an ‘individual mandate’
on families with only modest income (and hence no subsidies).
And in eagerness to reach that level, more and more people
will become underinsured, with inadequate coverage and a further
boost in already high medical bankruptcy.”
Medical debt contributed to nearly two-thirds of all bankruptcies
in 2007, according to a study in the American Journal of
Medicine. The majority of those afflicted were solidly
middle-class homeowners at the start of their illness, and
most had private health insurance.
“Single-payer
is the only plan that would truly be universal and contain
costs,” says Katie Robbins of Health Care Now, a hub for single-payer
grassroots groups, arguing that the current plan pushed by
congressional leaders “doesn’t protect us from the ills of
the insurance-based system as we know it.”
Other progressive groups are withholding judgment for now,
hoping the good aspects will ultimately outweigh the bad.
“We’re digging through them now. We support a bill that has
a true public option, and the House bill has that,” says Consumer
Watchdog’s Jerry Flanagan. “But we really dislike the individual
mandate [to purchase health insurance]. The insurance companies
really don’t want the public option, but they really want
the mandate.”
Even if single-payer isn’t going to be the national model
yet, advocates say it’s crucial that states be allowed to
experiment with the option anyway. Single-payer advocates
in Congress have insisted the health-care legislation be amended
to explicitly allow states to do single-payer (otherwise,
federal preemption laws and the Employee Retirement Income
Security Act might prevent states from doing so).
On July 17, Rep. Dennis Kucinich (D-Ohio) successfully inserted
such an amendment into the bill that cleared the House Committee
on Education and Labor with a 25-19 vote, which included significant
Republican support. The amendment was opposed by Miller, indicating
Democratic Party leaders oppose the change and may ultimately
succeed in stripping it from the bill.
“George
Miller is a longtime supporter of a national single-payer
plan and health-care reform. The truth is, however, there
are not enough votes in the House or the Senate to pass a
final bill that contains single-payer language. That is unfortunate
but it is also the truth,” says Miller spokesperson Rachel
Racusen.
Testifying
at a hearing of the House Education and Labor Committee in
June, Geri Jenkins, a registered nurse and the co-president
of the California Nurses Association, related the story of
Nataline Sarkisyan. The 17-year-old girl needed a life-saving
liver transplant, Jenkins explained to Congress members. “But
CIGNA would not approve it,” she told them, “until I, and
hundreds of others, protested. During one of the protests,
I was with Hilda, Nataline’s mother, when she got the call
of approval.”
Hilda’s relief didn’t last long. By the time the hurdle had
been cleared, Jenkins testified, “it was too late. Nataline
died an hour later.”
Nataline’s story sparked national outrage, and it has since
become a flagship tale highlighting all that is wrong with
this country’s health-care system. But as the debate about
health-care reform continues inside House and Senate committee
chambers, discussion about “universal health care”—a phrase
with a simple ring to it—has grown murkier.
“We
have a universal health-care system now,” Flanagan says, referring
to how all Americans with serious medical conditions have
a right to treatment—even if that treatment comes with great
expense in an overcrowded public hospital emergency room.
“It’s just the most inefficient system imaginable.”
With the August congressional recess coming up fast and Obama
leaning on Capitol Hill to shift into high gear on an issue
that was a hallmark of his campaign, the pressure is on to
vote on the historic health care reform legislation within
weeks.
The Senate Health, Education, Labor, and Pensions Committee
passed a health-care reform bill July 16 that is similar to
the House bill, with the vote split along party lines. Now,
national attention has turned to the Senate Finance Committee,
chaired by Baucus.
Many progressive advocates simply don’t trust the players
in Washington, D.C., to get this right—particularly Baucus.
“He’s the voice of the insurance companies in the Senate,”
Flanagan says.
A recent article in the Washington Post estimated that
the insurance industry is spending an estimated $1.4 million
per day to influence the outcome of the health-care legislation
and pointed out that many of the lobbyists were Washington
insiders who had previously worked for key legislators, such
as Baucus.
The Center for Responsive Politics, a nonpartisan, nonprofit
research group that tracks money in U.S. politics and operates
the Web site opensecrets.org, launched an intensive study
of lobbyist spending in the health-care sector, including
cataloguing industry contributions to individual candidates
from 1989 to the present. Baucus received more industry campaign
contributions in that time than any other Democrat, the CRP
study reveals, with a total of $3.8 million. Henry Waxman
(D-Calif.), who chairs the House Energy and Commerce Committee,
received a total of $1.4 million in that same time, while
Speaker Nancy Pelosi (D-Calif.) received $1.2 million.
Starting in the 2008 election cycle, the health sector gave
more to Democrats than to Republicans, according to the CRP’s
analysis.
To overcome that kind of money and influence, advocates say
it was crucial to wield a credible single-payer option—a sort
of death penalty for the insurance industry—for as long as
possible.
“Having
single-payer discussions on the table really informs the debate
over the public option,” Flanagan says. “But by removing single-payer,
it made the public option the left flank.”
Flanagan, like many, is worried about how a 900-page bill
will turn out. “There are a thousands ways to get it wrong,”
he says. “An easy way to get it right would be to just do
a single-payer system.”
Rebecca
Bowe is a reporter for, and Steven T. Jones the city editor
for, the San Francisco Bay Guardian, where this article
first appeared.
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