Sunday, February 28, 2010

Ahh yes, public opinion...please scroll at will


Health Policy

...Newsweek Poll conducted by Princeton Survey Research Associates International. Feb. 17-18, 2010. N=1,009 adults nationwide. MoE ± 3.6 (for all adults).

"Now thinking about the issue of HEALTH CARE REFORM, please tell me if you approve or disapprove of the way each of the following is handling this issue. Do you approve or disapprove of the way [see below] is/are handling health care reform?"

Approve Disapprove Unsure
% % %

"Barack Obama"

2/17-18/10

39 52 9

"Democrats in Congress"

2/17-18/10

27 61 12

"Republicans in Congress"

2/17-18/10

21 63 16

"As you may know, Barack Obama has proposed a plan to change this country's health care system. From what you have seen or heard about what he has proposed, what is your OVERALL opinion of Obama's health care reform plan -– do you favor it or oppose it?"

Favor Oppose Unsure
% % %

ALL

40 49 11

Republicans

15 78 7

Democrats

72 17 11

Independents

26 62 12

"Now I'm going to read you some SPECIFIC proposals people have made to change the health care system. As I read each one, please tell me if you personally favor or oppose this change. Here's the first/next proposal. . . ."

Favor Oppose Unsure
% % %

"Creating a new insurance marketplace –- the Exchange -- that allows people without health insurance to compare plans and buy insurance at competitive rates"

2/17-18/10

81 13 6

"Requiring health insurance companies to cover anyone who applies, even if they have a pre-existing medical condition"

2/17-18/10

76 19 5

"Requiring most businesses to offer health insurance to their employees, with tax incentives for small business owners to do so"

2/17-18/10

75 20 5

"Requiring that all Americans have health insurance, with the government providing financial help to those who can't afford it"

2/17-18/10

59 36 5

"Preventing insurance companies from dropping coverage when people are sick"

2/17-18/10

59 38 3

"Creating a government-administered public health insurance option to compete with private plans"

2/17-18/10

50 42 8

"Imposing a tax on insurers who offer the most expensive health plans, the so-called Cadillac plans, to help pay for health care reform"

2/17-18/10

34 55 11

"If health coverage is required for everyone, imposing fines on individuals who don't obtain coverage and on larger businesses that don't offer it"

2/17-18/10

28 62 10

"Now please think about the proposals I just described to you. ALL of these proposals are included in Barack Obama's health care reform plan. Having heard these details, what is your OVERALL opinion of Obama's plan -- do you favor it or oppose it?"

Favor Oppose Unsure
% % %

ALL

48 43 9

Republicans

18 74 8

Democrats

83 10 7

Independents

34 57 9

...

Friday, February 26, 2010

TPaw--Yes and he wants to drop medical assistance for poor people on general assistance in minnesota to balance the budget. Cue the bridge.

Pawlenty: Let ER's turn away patients to cut costs

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I missed this the other night but Phoenix Woman over at FDL didn't. Isn't this special? Governor Gutshot to Impoverished ER Patients: Get the Hell out!:

Dog bites man. Sun rises in east. Tim Pawlenty plays "kick the starving poor person (who’s probably black anyway) to win the CPAC vote".

[...]

As usual, my absentee governor, in his bid to win the votes of the evil heartless racist yahoos known as "Republican base voters", goes the extra mile in terms in venality, stupidity, ignorance and inhumanity. Read on...

From The Hill -- Pawlenty: Let ER's turn away patients to cut costs:

Emergency rooms should be able to turn patients away to cut costs, Minnesota Gov. Tim Pawlenty (R-Minn.) said last night

Appearing on Fox News's "On the Record with Greta Van Sustren" last night, Pawlenty said the federal law that mandates ER treatment should be repealed.

As they noted even Van Susteren was skeptical of Pawlenty's proposal:

VAN SUSTEREN: OK. OK. But you come in with chest pains, and like, you get horrible chest pains. Now, it could be indigestion, which is minor, or it could be heart, which isn't minor. So then...

PAWLENTY: You have to do a little triage. That's for sure.

VAN SUSTEREN: Right. I mean, so the problem is, it's got -- I mean, there really is sort of -- it's not that easy.

You've got to love these "compassionate conservatives". Alan Grayson was right about the Republicans' health care plan. Don't get sick and if you get sick, die quickly.



Epic Fail in Congress: USA PATRIOT Act Renewed Without Any New Civil Liberties Protections

News Update by Kevin Bankston

Yesterday evening, the U.S. House of Representatives voted overwhelmingly to renew three expiring provisions of the USA PATRIOT Act, after the Senate abandoned the PATRIOT reform effort and approved the extension by a voice vote on Wednesday night.

Disappointingly, the government's dangerously broad authority to conduct roving wiretaps of unspecified or "John Doe" targets, to secretly wiretap of persons without any connection to terrorists or spies under the so-called "lone wolf" provision, and to secretly access a wide range of private business records without warrants under PATRIOT Section 215 were all renewed without any new checks and balances to prevent abuse. Despite months of vigorous debate, when PATRIOT renewal bills providing for greater oversight and accountability were approved by the Judiciary Committees of both the House and the Senate, Democratic leaders' push for reform fizzled in the face of staunch Republican opposition buoyed by recent hot-button events such as the attempted bombing of an airliner on Christmas Day and the shooting at Fort Hood.

The renewed PATRIOT provisions were originally set to expire on December 31, 2009, but Congress ran out of time last year and temporarily extended them until February 28th, this coming Sunday. The new extension is expected to be signed by the President before then.

The one silver lining? Despite a push by Republican leaders for a four-year extension, the renewed provisions are now set to expire in one year. So, although this battle's been lost, the effort to roll back PATRIOT's worst excesses is far from over. Thank you to everyone who took action to support PATRIOT reform this past year; we hope that you'll continue the fight with us in the next year.

Related Issues: PATRIOT Act, Privacy

CREW ASKS ATTORNEY GENERAL TO INVESTIGATE DESTRUCTION OF EMAILS RELATING TO TORTURE MEMOS

DOJ Building

25 Feb 2010 // Washington, D.C. - Today, Citizens for Responsibility and Ethics in Washington (CREW) asked Attorney General Eric Holder to investigate the destruction of emails of at least two former high-ranking Department of Justice (DOJ) officials, John Yoo and Patrick Philbin, who were involved in drafting the Office of Legal Counsel’s (OLC) memoranda authorizing torture. Last week, DOJ’s Office of Professional Responsibility (OPR) released a public version of a July 2009 report examining the actions of the OLC officials and concluded they had not violated any of their ethical obligations as lawyers. That report revealed for the first time that OPR’s investigation had been hampered by the destruction of most of Mr. Yoo’s emails as well as many of Mr. Philbin’s from the period when the torture memos were being drafted.

The destruction of emails from such high-ranking officials related to such a critically important matter clearly violates the agency’s obligations under the Federal Records Act (FRA). Among other things, the FRA requires agencies to preserve agency records and maintain safeguards against their removal or loss. The destruction of the key emails may also violate criminal laws, particularly if the destruction was intended to impede the investigation into the origin and preparation of the torture memos.

CREW Executive Director Melanie Sloan stated, “Given the disappearance of millions of Bush White House emails, we shouldn’t be surprised that crucial emails also disappeared from the Bush Justice Department.” Sloan continued, “The question now is what is the Attorney General going to do about it? Even if Mr. Yoo and Mr. Philbin did not violate their professional obligations by writing the torture memos, they – or others seeking to hide the truth -- may have broken the law by deleting their emails.”

Click here to read CREW’s letter to Attorney General Holder.

National Archives, Watchdog Demand DOJ Probe Destruction of John Yoo's Emails

by: Jason Leopold, t r u t h o u t | Report

photo
(Photo: YooTube; Edited: Lance Page / t r u t h o u t)

The National Archives and a watchdog group sent letters to the Justice Department (DOJ) Thursday demanding an investigation into the destruction of John Yoo's emails in the summer of 2002, when he and other government attorneys prepared and finalized legal memoranda for the CIA that redefined torture and authorized interrogators to brutalize war on terror detainees.

The Federal Records Act (FRA) requires the preservation of government documents. Records cannot be destroyed unless approved by the National Archives and Records Administration (NARA). According to the DOJ's web site, emails fall under FRA if they pertain to government business.

Last week, the DOJ's Office of Professional Responsibility (OPR) released a long-awaited report into the legal work former Office of Legal Counsel (OLC) attorneys Yoo and Jay Bybee did for the Bush administration on torture. Yoo currently works as a law professor at UC Berkeley and Bybee received a lifetime appointment as a federal judge on the Ninth Circuit Court of Appeals.

Legal opinions written by Yoo in August 2002 and signed by Bybee cleared the way for the Bush administration to subject detainees to the near drowning of waterboarding and other brutal treatment at the hands of CIA interrogators.

Waterboarding and some of the other interrogation techniques sanctioned by the Bush administration, such as slamming detainees against walls and depriving them of sleep, have long been considered acts of torture and have been treated and prosecuted as war crimes. However, Yoo - working closely with Bush administration officials - claimed that the techniques did not violate US criminal laws and international treaties forbidding torture.

Further, Yoo asserted that Bush's presidential powers were virtually unlimited in wartime, even a conflict as vaguely defined as the war on terror.

But Yoo, the report concluded, was found to have "committed intentional professional misconduct when he violated his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice."

Bybee was found to have "committed professional misconduct when he acted in reckless disregard of his duty to exercise independent legal judgment and render thorough, objective, and candid legal advice." OPR investigators deemed this to be a violation of "professional standards" and recommended that Yoo and Bybee be referred to state bar associations where they could have had their law licenses revoked. Career prosecutor David Margolis, however, downgraded the criticism to “poor judgment," which means the DOJ now won't make the referral.

The voluminous report noted, however, that while OPR investigtors were initially provided us with a relatively small number of emails, files, and draft documents," it became "apparent, during the course of our review, that relevant documents were missing..."

OPR "requested and were given direct access to the email and computer records of REDACTED, Yoo, [Deputy Assistant Attorney General Patrick] Philbin, Bybee, and [fomer OLC head Jack] Goldsmith" during the course of the investigation into the creation of the torture memos. But OPR investigators said their probe was “hampered by the loss of Yoo's and Philbin's email records."

OPR investigators said they were told that most of “Yoo's email records" as well as "Philbin's email records from July 2002 through August 5, 2002 - the time period in which the Bybee Memo was completed and the Classified Bybee Memo ... was created" were deleted and "reportedly" not recoverable. The deleted emails also included other relevant documents the OPR needed to assist its investigation.

In a letter sent Thursday to Jeanette Plante at the DOJ's Office of Records and Management Policy, Paul Wester, director of the Archives' modern record program, said, in accordance with federal rules governing the preservation of records, if the “DOJ determines that an unauthorized destruction has occurred, then DOJ needs to submit a report to the [National Archives and Records Administration ..."

Wester requested a response within 30 days. A DOJ spokesperson was unavailable for comment.

The destruction of Yoo's and Philbin's emails also caught the attention of watchdog group Citizens for Responsibility and Ethics in Washington (CREW), which had waged a years-long legal battle with the Bush administration over its destruction of tens of millions of emails and failed efforts to take steps to recover the documents and preserve others.

Melanie Sloan, CREW's executive director, said Thursday, “given the disappearance of millions of Bush White House emails, we shouldn't be surprised that crucial emails also disappeared from the Bush Justice Department."

“The question now is what is the Attorney General going to do about it?" she said.

Sloan also sent a letter sent to Attorney General Eric Holder Thursday calling for a criminal investigation into the matter, a request that will likely go unfulfilled given the Justice Department's and the Obama administration's unwillingness to further delve into the previous administration's alleged crimes.

She said such an inquiry is warranted, however, and compared the destruction of emails with the CIA's destruction of torture tapes, which led to a criminal investigation and the appointment of a special prosecutor by former Attorney General Michael Mukasey. That probe is ongoing.

"The destruction of emails from high-ranking officials such as Messrs. Yoo and Philbin related to a subject of critical important to the Department of Justice and the nation as a whole clearly violates FRA," Sloan's letter to Holder said.

Indeed, the DOJ's web site said emails are federal records if it:

  1. Documents agreements reached in meetings, telephone conversations, or other E-mail exchanges on substantive matters relating to business processes or activities
  2. Provides comments on or objections to the language on drafts of policy statements or action plans
  3. Supplements information in official files and/or adds to a complete understanding of office operations and responsibilities

The DOJ rules for preserving records also said "the unlawful removal or destruction of federal records" can result in "criminal or civil penalties, fines and/or imprisonment."

Sloan, in her letter to Holder, said, "the apparent failure of the Department of Justice to take any action in the face of knowledge that crucial records had been destroyed reflects a patent disregard of mandatory federal record keeping laws ... Even if Mr. Yoo and Mr. Philbin did not violate their professional obligations by writing the torture memos, they - or others seeking to hide the truth - may have broken the law by deleting their emails."

Last December, CREW and the historical group the National Security Archive announced that they entered into a settlement with the Obama administration over the loss of Bush administration emails.

Under the terms of the agreement, 94 days of missing emails will be restored. That includes emails from the Office of the Vice President that were previously lost and unrecoverable and were subpoenaed by Patrick Fitzgerald, the special prosecutor appointed to probe the unauthorized leak of covert CIA operative Valerie Plame Wilson. This time frame also coincided with litigation surrounding the release of documents related to former Vice President Dick Cheney's Energy Task Force meetings.

The emails will be sent to NARA. But whether they contain answers to lingering questions about the CIA leak or Cheney's energy task force meetings will not be known for years, as the documents will not be immediately available for public view.

Congressional Hearing

The destruction of Yoo's and Philbin's email was one of the first issues raised Friday during a Senate Judiciary Committee hearing, where Acting Deputy Attorney General Gary Grindler is currently testifying about the OPR report.

"Have [the emails] disappeared? If they have, and if they have been destroyed, either the Yoo emails, the Philbin emails, will the [Justice Department] make ultimate determination whether the destruction was criminal, in violation of the criminal statutes, which seem fairly clear?" Judiciary Committee Chairman Patrick Leahy (D-Vermont) asked Grindler.

Grindler testified that he still needs to gather information from the "information technology experts, including all of the questions of what occurred, what the policies are, and what the archive system is. And at that point I'll be in a position to evaluate whether anything additional needs to be done."

Grindler said the report does not "suggest there was anything nefarious" about the fact that Yoo and Philbin's emails were not turned over to OPR investigatiors and he noted that the report "does include a review of some of Mr. Yoo's emails."

But Leahy said the episode was cause for concern given that other Bush administration officials were found to have destroyed emails in violation of the Presidential Records Act during time frames that coincided with the lead up to the invasion of Iraq, the leak of Plame's covert status and other scandals that engulfed the Bush White House.

"All I'm saying is that the report doesn't have a complete lack of his e-mails," Grindler said. But as soon as I learn the facts regarding this, I will provide appropriate information back to this committee...If they are retrievable, I will direct [technical staff] to retrieve them."

Let them eat applesauce: Right-wing media mock the uninsured


Let them eat applesauce: Right-wing media mock the uninsured

Right-wing media figures have mocked Democrats' descriptions of hardships faced by their constituents who lack health insurance, including a story Rep. Louise Slaughter told about a woman who wore dentures that previously belonged to her dead sister. For example, Rush Limbaugh said, "So if you don't have any teeth, so what? What's applesauce for?"

Media conservatives ridicule the uninsured

Limbaugh: "What's wrong with using a dead person's teeth? Aren't the Democrats big into recycling?" Responding to Slaughter's account, which he called the "sob story of the day, Limbaugh stated:

LIMBAUGH: You know I'm getting so many people -- this Louise Slaughter comment on the dentures? I'm getting so many people -- this is big. I mean, that gets a one-time mention for a laugh, but there are people out there that think this is huge because it's so stupid. I mean, for example, well, what's wrong with using a dead person's teeth? Aren't the Democrats big into recycling? Save the planet? And so what? So if you don't have any teeth, so what? What's applesauce for? Isn't that why they make applesauce?

Limbaugh previously told a caller who could not afford the $6,000 it would cost to treat a broken wrist that he "shouldn't have broken [his] wrist."

Beck mocks Slaughter's story: "I've read the Constitution ... I didn't see that you had a right to teeth." On his February 26 radio show, Glenn Beck played an audio clip of Slaughter's account then said, "I am wearing George Washington's dentures right now. I'm wearing his teeth right now." He later added, "I just like wearing dead people's teeth. But in America -- I'm sorry, I didn't know that that was -- I've read the Constitution before. I didn't see that you had a right to teeth." Echoing Limbaugh's remarks the previous day, Beck stated, "The environmentalists should be all over Slaughter. 'How dare you say that?' My gosh, they're just recycling. They're just reusing."

Beck sidekick uses baby voice to mock letters Obama receives. On Beck's February 25 radio show, co-host Steve "Stu" Burguiere stated that Obama "gets 10 letters, Glenn, every night." Co-host Pat Gray asked, "From 2-year-old girls?" Then, one of the co-hosts started speaking in a baby's voice: "I have no health care, Mr. Pwesident, and I have no feet and no tonsils because doctors took 'em out."

Conservative blogger Pamela Geller linked to an audio clip of the segment, which she wrote was "[d]a best! the funniest thang evuh!"

Gateway Pundit attacks Slaughter's "sappy lib sob story of the day, hands down." On his Gateway Pundit blog, Jim Hoft linked to a video clip of Slaughter telling the story about the dentures under the headline, "Horror! Lib Dem Claims Her Constituent Wore Dead Sister's Teeth (Video)." After declaring the account the "sappy lib sob story of the day, hands down," Hoft wrote: "Will Obamacare buy me glasses and contacts? Will Obamacare buy me a gold tooth in the front of my mouth with a little heart on it?"

Ingraham: "Louise Slaughter won the Olympics of sob stories." On Fox News' The O'Reilly Factor, radio host Laura Ingraham said she "liked the dueling sob stories, OK? One Democrat was trying to outdo the next on the sob story about how rotten our health care system is. Louise Slaughter won the Olympics of sob stories by saying one of her constituents had to wear her sister's dentures. OK? It got so bad with the health care system." She later added, "You had Harry Reid on the cleft palate with his -- I mean, the whole thing was ridiculous."

Fox Nation labels anecdote "Summit Insanity." From The Fox Nation, accessed February 25:

Fox Nation screen capture

— M.M.

Posted using ShareThis

Health Care Summit Squabbles


Health Care Summit Squabbles
This marathon discussion had no shortage of factual malpractice.
February 25, 2010

Summary

We tuned in to watch the president’s health care summit at Blair House today — all six-plus hours of it. And we weren’t surprised to hear some factual missteps in the discussion:

  • Sen. Lamar Alexander said premiums will go up for “millions” under the Senate bill and president’s plan, while President Barack Obama said families buying the same coverage they have now would pay much less. Both were misleading. The Congressional Budget Office said premiums for those in the group market wouldn’t change significantly, while the average premium for those who buy their own coverage would go up.
  • Alexander also said “50 percent of doctors won’t see new [Medicaid] patients.” But a 2008 survey says only 28 percent refuse to take any new Medicaid patients.
  • Sen. Harry Reid cited a poll that said 58 percent would be “angry or disappointed” if health care overhaul doesn’t pass. True, but respondents in the poll were also split 43-43 on whether they supported the legislation that is currently being proposed.
  • Obama repeated an inflated claim we’ve covered before. He said insured families pay about $1,000 a year in their premiums to cover costs for the uninsured. That’s a disputed figure from an advocacy group. Other researchers put the figure at about $200.
  • Sen. Tom Coburn said “the government is responsible for 60 percent” of U.S. health spending. But that dubious figure includes lost tax revenue due to charitable contributions to hospitals and other questionable items. The real figure is about 47 percent.
  • Reid said “since 1981 reconciliation has been used 21 times. Most of it has been used by Republicans.” That’s true, but scholars say using it to pass health care legislation would be the most ambitious use to date of this filibuster-avoiding maneuver.
  • Rep. Charles Boustany said the main GOP-backed bill would reduce premium costs by “up to about 10 percent.” According to CBO, that’s true for the small group market, which accounts for only 15 percent of premiums. But premiums in the large group market would stay the same or go down by as much as 3 percent.

Analysis

Democrats and Republicans met with the president at Blair House Feb. 25 for several hours of televised discussion about health care overhaul. The summit was ripe with errors and misleading remarks.

Premium Costs, Up or Down?

Republican Sen. Lamar Alexander of Tennessee and President Barack Obama disagreed about how the Democrats’ health care overhaul efforts would affect premium costs.

It all started with Alexander’s remarks, when he said the president’s proposal, much like the Senate bill on which it is largely based, would increase premiums:

Alexander: For millions of Americans, premiums will go up because those — when people pay those new taxes, premiums will go up — they will also go up because of the government mandates.

Later, Obama took on that claim directly, saying that Alexander was wrong.

Obama: No, no, no. And this is an example of where we’ve got to get our facts straight. … So let me respond to what you just [said] Lamar, because it’s not factually accurate. Here’s what the Congressional Budget Office says. The costs for families for the same type of coverage as they’re currently receiving would go down 14 to 20 percent.

Actually, both men were misleading.

Sen. Lamar  Alexander
Sen. Lamar Alexander

What CBO said (see Table 1) is that for those who are in group policies, there would be no significant change in premiums, compared with what would be paid under current law. For those in large groups, there would be somewhere between no change at all and a 3 percent decrease in premium cost. For small groups, the change could fall between a 1 percent increase and a 2 percent decrease.

The only significant increases would be seen by those who buy their policies individually, CBO said. For those persons, the average premium per person would be between 10 percent and 13 percent higher.

Alexander was technically correct when he said premiums would go up "for millions." CBO figured that 32 million persons would fall into the nongroup market by 2016, should the Senate bill become law. What he didn’t mention is that they would make up only 17 percent of workers covered by private insurance. And he didn’t mention these costs would go up because benefits would improve in the nongroup market.

The senator was correct when he cited "mandates" as one cause for the increase – but that’s not the only reason premiums go up. The bill would require plans to have a standard level of benefits. However, most of those buying their own coverage would receive subsidies that would prompt them to buy more expensive plans than they normally would. CBO said "the average insurance policy in this market would cover a substantially larger share of enrollees’ costs for health care (on average) and a slightly wider range of benefits." People would basically use money from the government to buy themselves a nicer plan than they would if they were only using their own money. CBO said well over half of those buying individual policies — 57 percent — would get government subsidies "that would reduce their costs well below the premiums that would be charged for such policies under current law."

President Obama
President Obama

But Obama also misled when he claimed that the costs for "families" would go down by 14 to 20 percent "for the same type of coverage as they’re currently receiving." For one thing, he was referring only to policies purchased directly by individuals — not to all families. And as we’ve seen, the bill generally would require more generous coverage than is currently provided, at higher cost. Overall, premiums in the individual market would go up, not down. Some in the nongroup market might choose to keep their current policy, with no changes. The legislation would permit that for a few years. But CBO said those "grandfathered" policies probably would not see a substantial change in their premium costs, relative to current law.

One last point: Alexander said “taxes” would also cause premium costs to go up – but that’s not really the case, according to CBO. Paradoxically, CBO predicts that the Senate bill’s excise tax on high-cost health plans would actually bring premium costs down. That’s because the tax would induce employers and employees to choose lower-cost plans with less coverage, to avoid being hit by the tax. CBO said the average premium for those affected by the tax would be 9 percent to 12 percent lower. The bill also includes some taxes on medical device manufacturers and drug importers; CBO found those taxes would have a less than 1 percent effect on premium costs.

Medicaid Naysayers?

Sen. Alexander noted that Obama’s proposal, like the Senate-passed bill, relies to a great extent on Medicaid — which he said "none of us would want to be a part of because 50 percent of doctors won’t see new patients." That claim was echoed by GOP Sen. Charles Grassley of Iowa, who said "Doctors don’t take Medicaid."

But according to a 2008 survey of 4,700 physicians by the Center for Studying Health System Change, nationwide only 28 percent of physicians won’t accept any new patients who are insured by Medicaid. HSC, which is funded in part by the Robert Wood Johnson Foundation and is affiliated with Mathematica Policy Research Inc., also found that 19.2 percent accept some new Medicaid patients, while 53 percent accept most or all of them.

Poll-Watchers

Senate Majority Leader Harry Reid of Nevada cited a Kaiser Family Foundation poll from this month showing that 58 percent of people would be "angry or disappointed" if health care legislation doesn’t pass.

Reid: It was interesting what that poll said: 58 percent of Americans would be disappointed or angry if we did not do health care reform this year — 58 percent.

Reid is correct, as far as he goes. When asked how they would feel "if Congress decides to STOP work on health care reform and doesn’t pass a law this year," 38 percent said they would be "disappointed" and another 20 percent would be "angry" — a total of 58 percent.

But the same poll also showed that only 32 percent supported passing a comprehensive health care bill right away, while another 41 percent wanted to put it on hold until later in the year or indefinitely, and 20 percent wanted to give up on comprehensive change for the moment and pass only key provisions. And regarding the health care legislation currently being proposed, only 43 percent supported it, while 43 percent opposed it.

Meanwhile Senate Minority Leader Mitch McConnell of Kentucky said a majority of Americans are against the health care overhaul as it has been framed thus far:

McConnell: If you average all the polls, the American people are opposed, 55 to 37.

He’s reasonably close. Pollster.com puts the weighted average of current polls on the subject at 51.4 percent opposed and 41.9 percent in favor. Those polls ask the question a number of different ways: about the Senate plan, the House plan, Obama’s proposals and earlier iterations of all of those.

McConnell’s figures also are in the neighborhood of what some recent major polls have found. A Jan. 22-24 survey by CNN found 38 percent favor and 58 percent oppose the bills passed by Congress. A Quinnipiac poll done earlier in January came up with 34 percent who "mostly approve," while 54 percent "mostly disapprove." And National Public Radio’s poll released Jan. 26 asked about Obama’s proposal specifically, finding that 39 percent approved, while 55 percent disapproved.

Obama’s Inflated Claim

Obama said that families with insurance pay $1,000 to $1,100 a year as part of their premiums to cover the cost of health care for the uninsured. We’ve dinged him on that inflated claim before. The president got the figure from the health care advocacy group Families USA, which calculated it by dividing "uncompensated care" — the proportion of care given to the uninsured that’s not covered out of pocket or by public or private funds — by the number of insured households. But that’s not a fair calculation.

Researchers from the Urban Institute looked at Families USA’s conclusions and questioned its premise that all or even most of uncompensated costs are shifted directly to the privately insured. In fact, Urban Institute researchers found that only $8 billion of uncompensated costs would be paid for by the insured in 2008 — about $200 per family. The rest is taken care of by other sources, such as government programs that reimburse physicians for uncompensated care, or physicians who take smaller profits.

Coburn’s Cost Comments

During his remarks, Sen. Tom Coburn of Oklahoma said that "the government is responsible for 60 percent of the country’s health spending." It’s a statistic he’s touted before. But it’s a misleading claim that includes tax revenue lost to the government because of charitable contributions to hospitals and other calculations not normally included in the figure for public spending on health care.

The Congressional Research Service has found that, "in 2007, national expenditures amounted to $2.24 trillion, of which 53.8% came from private sources such as private health insurance and 46.8% came from public (federal, state, and local government) sources." So what is Coburn talking about?

Coburn asked CRS to consider the effects of tax subsides on overall health care spending by government. As the agency succinctly summarizes:

CRS: Take a dollar an employer pays for a premium for an employee’s health insurance. This dollar is part of the employee’s compensation, but it is not taxed like other income (at an average federal, state and local tax rate of 15%); it is excluded from income for income tax purposes. In essence, the employee receives a 15 cent government subsidy for this dollar spent on health insurance—the government pays 15 cents and the employee pays 85 cents.

However, CRS explains in a footnote that "most economists agree that the costs of employer provided fringe benefits are passed on to employees," not governments. Nonetheless, CRS crunched the numbers for Coburn and calculated that "public sources" account for 60 percent of health care spending if you consider these tax subsides to employees with health insurance, individuals’ deductions for out-of-pocket medical expenditures, and even private "charitable contributions to hospitals and other providers."

Reconciliation

Reid said Democrats were not pushing the idea of using "reconciliation," a legal maneuver that would allow health care to pass by a simple majority without filibuster. But he said Republicans had used it more often than Democrats.

Reid: But remember, since 1981 reconciliation has been used 21 times. Most of it has been used by Republicans, for major things, like much of the Contract for America, Medicare reform, the tax cuts for rich people in America. So reconciliation isn’t something that’s never been done before.

Scholars from the Brookings Institution and American Enterprise Institute agree. In an article published in The New Republic magazine, Thomas Mann and Molly Reynolds of Brookings and Norman Ornstein of AEI cited 22 instances of reconciliation between 1980 and 2008, including the Personal Responsibility Act, which made changes to welfare; Bush’s two big tax cuts; and the 2005 Deficit Reduction Act, which made changes to Medicare and Medicaid.

Three reconciliation bills, all written by Republican majorities, were vetoed by President Clinton. Of those remaining, 13 were used by Republican-majority Senates and six by Democratic majorities.

The authors wrote that passing health care legislation in this fashion would be the "most ambitious" use of reconciliation to date, but they also said it would fit a pattern going back three decades.

More Premium Cost Claims

Republican Rep. Charles Boustany of Louisiana claimed that the House GOP health care bill would bring down health insurance premiums:

Boustany: We put forth a plan earlier in the year, during the debate, that actually the Congressional Budget Office showed that it brings down the cost of premiums up to about 10 percent. And, actually, for individuals seeking — and families seeking insurance in the individual market, those cost savings could even be higher.

It’s true that the CBO found that health care premiums for those in the small group market would decrease between 7 percent and 10 percent by 2016. But the small group market accounts for just 15 percent of premiums, according to the CBO. It estimated smaller drops for other segments of the private market. For example, premiums in the individual market, which accounts for just 5 percent of the private market, would go down between 5 percent and 8 percent, CBO said. The other 80 percent of premiums, which make up the large group market, may go down by as much as 3 percent, CBO said, but may actually stay the same as under current law.

-by Brooks Jackson, Viveca Novak, Lori Robertson, Justin Bank, D’Angelo Gore and Jess Henig

Sources

Congressional Budget Office. Letter to Sen. Evan Bayh. 30 Nov 2009.

Hadley, Jack et al. "Covering the Uninsured in 2008: A Detailed Examination of Current Costs and Sources of Payment, and Incremental Costs of Expanding Coverage." Kaiser Commission on Medicaid and the Uninsured. Aug. 2008.

Families USA. "Hidden Health Tax: Americans Pay a Premium." May 2009.

HSC 2008 Health Tracking Physician Survey. Center for Studying Health System Change. September 2009.

Kaiser Health Tracking Poll. Kaiser Family Foundation. February 1010.

Health Care Plan: Favor/Oppose. Pollster.com. Web site accessed 25 Feb 2010.

Letter to Senator Tom Coburn. Congressional Research Service. 1 Dec 2009.

CNN Opinion Research Poll. CNN. 26 Jan 2010.

"U.S. Voters Say Sacrifice Modesty, Rights For Security, Quinnipiac University National Poll Finds; Support For Health Reform At 34 Percent." Quinnipiac University. 14 Jan 2010.

Coburn, Tom, "New CRS Report Shows Government Already Controls 60 percent of Health Care in the U.S.," Press Release. 4 Dec 2009.

Hungerford, Thomas L., "Public and Private Expenditures for Health Care, 2007," Congressional Research Service. 1 Dec 2009.

Congressional Budget Office. Letter to John Boehner. 4 Nov 2009.

Sen. Jim Bunning holds floor: 'Tough shit' from Jake Sherman and Manu Raju at POLITICO.com




Bunning holds floor: 'Tough s--t'

By: Jake Sherman and Manu Raju
February 25, 2010 11:24 PM EST

Senate Democrats spent Thursday night hammering away at Sen. Jim Bunning (R-Ky.) for single-handedly holding up action in the upper chamber – but he blurted out a message to one of them on the Senate floor: “Tough s—t.”

In an unusual display in the normally sleepy chamber, Bunning – without the support of GOP leadership – has blocked efforts to quickly approve a series of extensions to measures that would otherwise expire Sunday, including unemployment insurance and the Cobra program that allows people who lose their health benefits to continue getting coverage.

And that has led to a furious exchange on the floor, with Democrats attacking the senator, who has refused to relent on his objection, in unusually harsh terms.

In a colloquy with Senate Majority Whip Dick Durbin (D-Ill.), Sen. Jeff Merkley, a freshman Democrat from Oregon, was pleading for Bunning to drop his objection, when the Kentucky Republican got fed up.

“Tough s—t,” Bunning said as he was seated in the back row, overheard by the floor staff and others in attendance.

A spokesman for Bunning did not immediately respond to a request for comment.

It’s rare for senators to curse at one another on the floor of the chamber. In 2004, Dick Cheney famously told Sen. Patrick Leahy to “f—- yourself” when the vice president appeared for a photo session in the upper chamber.

Bunning is furious about increased spending in the Senate – but he’s waging a lonely battle to stop it. The senior senator from his state, Republican Leader Mitch McConnell, with whom he has a frosty relationship, is not backing him up. If he refuses to relent, Democrats will have to file cloture to shut down debate, pushing back final action until next week.

But Democrats are eager to have this fight; even though they know that Bunning remains largely by himself, they know that hammering away at the Kentucky Republican will drill home their argument that the GOP is out to obstruct progress.

On the floor, Bunning leaned back in his chair, legs crossed, as he listened to a slew of Democratic senators talk about the bill he is blocking.

Senate Majority Leader Harry Reid (D-Nev.) approached Bunning around 9:30 p.m., and they spoke for a moment before Reid left the floor.

Reid has asked for unanimous consent to approve the package of provisions that expire Sunday, which also include 30-day extensions of flood insurance, highway funding and small business loans. But Bunning continues to object to the unanimous consent requests.

To maximize pressure on Bunning, Durbin has been reading messages from Kentucky residents and unemployment statistics from counties around the state, whose unemployment rate stands at 10.7 percent, above the national average. One country, Magoffin County, has 21.4 percent of its residents unemployed, Durbin said. Merkley said he is “deeply disturbed” that Bunning can be is so “disconnected from the challenges” of working Americans.

Increasingly, more Democratic senators came to engage in the debate – and increasingly, those Democrats were angry.

“It is simply unfair for one senator to attempt to hold the Senate hostage on this issue,” Durbin said.

It's "just awful," Sen. Jay Rockefeller (D-W.Va.) told POLITICO. "You've got to be pretty mad about something to stop“ the extension of unemployment insurance, he said.

Rockefeller also noted that Bunning’s objection could turn off televisions for more than 1 million households, since the package has provisions dealing with the switch to digital TV.

Bunning, 78, a former Major League Baseball pitcher who is in the Hall of Fame, is considered one of the more eccentric members of the Senate. He doesn’t mingle much with his colleagues, can be gruff and rarely talks to the press. For months last year, he insisted he was running for reelection but found no support from McConnell and other top Republicans – and sharply criticized his Kentucky counterpart after he couldn’t raise the funds to mount a serious bid. Bunning ultimately decided to retire at the end of the year.

On the floor Thursday, Bunning complained about how the measures aren’t adequately paid for. And he criticized Reid for killing a bipartisan Finance Committee bill to address the unemployment rate and for “jamming” through other bills that he said would amount to a frivolous increase in spending.

In his exchanges with Democrats, Bunning has repeatedly referred to President Barack Obama as “your president.”

“All the spending portions of that compromise of those programs that you’re talking about were paid for in that bill,” Bunning said. “Now explain that to the American people.”

The rare late-night session drew House Majority Leader Steny Hoyer (D-Md.) to the Senate floor, where he spoke with several Democratic senators.

Sen. Bob Corker (R-Tenn.) said he would stay the night to defend the Senate. He wasn't happy, though.

"I believe we're stooping to a low level," Corker said.

At 11:36 p.m., Durbin tried one final time to offer a unanimous-consent request to pass the 30-day extension. Bunning objected, and Durbin consented to a motion for adjournment after Corker and Bunning had a few more minutes to speak.

They will adjourn Friday morning, but the world’s greatest deliberative body will not vote until Tuesday morning – two days after the unemployment benefits have expired. There's no agreement yet for a vote on the package, but the Senate begins debating next week an extension of expiring tax breaks that could become a vehicle for the package.

Bunning had one person to blame for his marathon session: Harry Reid.

"Remember now, this all could’ve been changed had not the leader of the Senate decided that a bipartisan compromise jobs bill was not as important as his partisan jobs bill that just passed just before all of this debate," he said in his final remarks.

Meredith Shiner contributed to this story


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