David Sirota's selective House fantasy

On open left, yesterday, David Sirota posted an article about how there are 60 Democrats in the House who have called any bill without a public option "unacceptable".  And to be sure, there are.  There was a big drive organized by a coalition on the left back in August and it breathed new life back into the public option.  64 House Democrats signed a letter saying that exactly that - that such a bill is "unacceptable."

And then, David quoted from the letter:

Any bill that does not provide, at a minimum, for a public option with reimbursement rates based on Medicare rates - not negotiated rates - is unacceptable. [emphasis mine.]

David claims that stating that something is "unacceptable" obviously means that the members will vote against any such thing, no matter what.  Without the context of the current debate and the monumental logjam that has pervaded our health insurance policy for more that half a century, that may even be a reasonable assumption.  Based on that, David Sirota claims it more than likely that a bill coming out of Conference without a public option will not be able to pass in the House.

Now, let's read that again, shall we?  These progressive representatives signed a letter not only saying that a bill without a public option is unacceptable, but that the public option must have its rates based on Medicare reimbursement rates.

Here is David's problem.  The House bill that passed contained a public option, but it did not base its rates on Medicare.  In fact, it had exactly what the letter said could not be supported - negotiated rates. Now, here is the full tally of the House vote.  And here are the members who both signed the letter saying negotiated rates are "unacceptable" and then voted for a bill with negotiated rates:


  1. Corrine Brown

  2. Albio Sires

  3. Alcee Hastings

  4. Andre Carson

  5. Barbara Lee

  6. Barney Frank

  7. Bennie Thompson

  8. Bill Delahunt

  9. Bill Pascrell

  10. Bob Filner

  11. Carolyn Kilpatrick

  12. Carolyn Maloney

  13. Chaka Fattah

  14. Chellie Pingree

  15. Diane Watson

  16. Donald Payne

  17. Donna Edwards

  18. Earl Blumenauer

  19. Ed Towns

  20. Eddie Bernice Johnson

  21. Elijah Cummings

  22. Emanuel Cleaver

  23. Pete Stark

  24. Grace Napolitano

  25. Gwen Moore

  26. Hank Johnson

  27. Jackie Spier

  28. Jerry Nadler

  29. Jesse Jackson, Jr.

  30. Jim McDermott

  31. Jim McGovern

  32. John Conyers

  33. John Olver

  34. John Tierney

  35. John Yarmuth

  36. Jose Serrano

  37. Judy Chu

  38. Keith Ellison

  39. Laura Richardson

  40. Linda Sanchez

  41. Lloyd Doggett

  42. Lucille Roybal-Alard

  43. Luis Gutierrez

  44. Lynn Woolsey

  45. Marcia Fudge

  46. Marcy Kaptur

  47. Maurice Hinchey

  48. Maxine Waters

  49. Mazie Hirono

  50. Mel Watt

  51. Michael Honda

  52. Mike Capuano

  53. Nydia Velazquez

  54. Peter DeFazio

  55. Phil Hare

  56. Raul Grijalva

  57. Robert Wexler

  58. Rush Holt

  59. Sam Farr

  60. Sheila Jackson Lee

  61. William Lacy Clay

  62. Yvette Clarke

In other words, all but two (Kucinich and Massa) signatories to the letter that defined a negotiated-rate public option as "unacceptable" voted for the House bill with a negotiated-rate public option.  I applaud them for doing so.  They understood the usefulness of the letter - to breathe new life into the public option and ensure that the House bill included one.  But these are true progressives who actually want progress - they want us to move forward as a country.  And for that, they voted for a bill even though it didn't include a Medicare-rate-based public option.  They, I suspect, will do so again for a bill that does not, unfortunately, include the public option but will advance the cause of health insurance reform.  Plus, purely politically speaking, a bill without a public option is also likely to pick up additional Conserva-Dem votes.

Look, I am a true blue supporter of the public option.  I wanted it badly.  But I have to accept reality.  I have to accept that a bill including the public option will not get 60 votes to break a filibuster in the Senate.  But that does not mean I am willing to give up on health insurance reform that will insure 31 million additional Americans, vastly expand Community Health Centers, put sensible regulations in place for insurance companies to follow, and will help stop medical costs from driving people into bankruptcy.  And I don't think progressive members of Congress are willing to give up either.  They are true fighters.  And they are real doers.  They will pass what can be passed now, and continue to wage the struggle to make it better the day after the bill becomes law.

Tags: David Sirota, Health care, House, House of Representatives, Public Option (all tags)

Comments

27 Comments

House Progressives are poor negotiators

They made a threat they were not willing to follow through on, which means everyone will continue to roll them on every issue.

But Sirota is right that the House Dems should be screaming that the Senate bill is unacceptable. A lot of issues still need to be resolved in conference. The House bill is superior in most respects. Making a credible threat not to pass the bill would increase the chance of the bill being improved in conference.

Clapping louder about the historic progressive reform that just passed the Senate would only make the bill worse coming out of conference.

by desmoinesdem 2009-12-25 01:46PM | 0 recs
They have nothing to threaten them with

they want to bill, moderates don't care. Right there, they lose their leverage. Moderates are perfectly fine letting them kill a bill and going into the midterms complaining "Liberals killed healthcare reform because it wasn't liberal enough"

by ND22 2009-12-25 04:56PM | 0 recs
Re: They have nothing to threaten them with

 No doubt you are frustrated and angry. Everybody who disagrees and moves this turd forward is a fair target. Vent. It's healthy.

by QTG 2009-12-25 05:10PM | 0 recs
Re: They have nothing to threaten them with

The moderates main concern is "as always" - the deficit. Given a 1% chance to ditch the 900$ billion bill, they'll jump on it.

by vecky 2009-12-25 11:06PM | 0 recs
on a different note

This whole "make it better later" argument makes no sense to me. Please explain to me where the political momentum will materialize to improve on this bill next year, after Obama signs "the most important progressive legislation in a generation" or whatever he's going to call it when he declares victory.

Obama wanted to do health care reform without making the drug and insurance companies angry. So next year he will get behind new bills on drug re-importation or letting Medicare negotiate for lower rates?

Key elements of the bill don't go into effect until 2014. I find it really hard to believe the White House will support Democrats trying to improve it before then. We will hear, "Hang on, give this bill a chance. Let's see if it's working, and if not, we can improve it in 2015 or 2016."

by desmoinesdem 2009-12-25 01:47PM | 0 recs
please explain to me

how any momentum is going to build for any bill in the next few years if we fail.  That is ridiculous.

With a bill passed and signed into law, we will have a framework (albeit a shaky one) to build on.  Don't forget that things improve after they are passed.  Medicare improved after its initial passage.  SCHIP was just recently expanded to cover 10 million children rather than 6-7 million before.  But if people killed SCHIP at the beginning because it didn't cover enough kids, we'd never be here today.

by deaniac83 2009-12-25 02:18PM | 0 recs
straw man

No one in the "kill the bill" camp wants to prevent any action before next November.

The whole point is that Democrats know they need to do something on health care, and Obama can't afford to be empty-handed. If this Senate bill is rejected by the House, the Senate will have to do something more limited, and quickly.

Even if the House doesn't end up voting down the bill, it is beneficial to have a lot of voices on the left calling for the bill to be killed. That increases the leverage of House negotiators in conference.

by desmoinesdem 2009-12-25 03:24PM | 0 recs
Yes

The whole point is that Democrats know they need to do something on health care, and Obama can't afford to be empty-handed

But people like Lieberman, Nelson, Landrieu and Lincoln don't care about leaving Obama empty-handed, nor do they care if they need to do something on health care because three out of the four of them aren't up for reelection next year and the fourth is doomed no matter what.

You've explained exactly why Obama and progressives are going to end up settling...because they need a win, these other four don't.

by ND22 2009-12-25 06:32PM | 0 recs
Re: please explain to me

I'm going out on a limb here, but I'm going to predict that no ELECTED Democrat is going to want to accomplish what Lieberman and the Republicans failed to, namely 'Kill the Bill!'.

(but I'm batting a thousand, so it's a very strong limb.)

by QTG 2009-12-25 04:30PM | 0 recs
Re: please explain to me

Please answer desmoinesdem's question.  Deflecting with your own question is non-responsive.  

A failure with this bill can force true reform because the health insurance industry is collapsing (denial of care, increasing premiums and co-pays, high unrate of uninsureds, etc.).  And for the first time, health care reform has been made real for the American people because of the promise Obama made.  People who have been envisioning obtaining affordable care are not going to be happy with the status quo.  The movement among the people for real health care will only grow, forcing politicians to deliver (or tossing out the current crop for new legislators who will promise care).  Additionally, the Democrats politically will have to do something or fear being turned out.  People are united around this issue and would continue to become more active, particularly if classic Dem constiuencies (the left, unions, nurses, the working class, etc.) lead the charge.  

Now, explain to me how this congress would give us real improvements in the near future.

by orestes 2009-12-26 02:41PM | 0 recs
Re: please explain to me

Your examples of Medicaire and SCHIP are inapposite because these are government programs.  The program you are endorsing will be run by private insurers who will fight against any positive reforms tooth and nail.  The other programs did not have this kind of forceful opposition.  And look at how little reform we have gotten re insurance despite the increasing abuses of the industry.  Explain to me how this history will be turned on its head to usher in a new, progressive day.

by orestes 2009-12-26 02:43PM | 0 recs
Re: please explain to me

Medicare had a lot of forceful opposition. That opposition has been largely deflected by a carrot and stick approach:

a) Carrots: medicare reimbursements rates keep rising, the government does not negotiate medicare rates, it merely pays "market rates" minus a small discount for bulk purchases. In addition hospitals and docs usually get transfer payments from medicare for supposed "charity work."

b) Stick: the large number of medicare enrolles means that providers have to accept medicare or cut off a large portion of the market. This is enough to stop the larger ones, though some of the smaller providers still skip out.

On the insurance side, medicare is seen as largely beneficial to the insurance industry as the over 65 crowd tends to have the lowest profitability/highest costs. Best to palm off their risk to the government.

by vecky 2009-12-26 09:12PM | 0 recs
Re: David Sirota's selective House fantasy

" I have to accept that a bill including the public option will not get 60 votes to break a filibuster in the Senate."

I'll disagree with that projection of reality. I would counter one that, if the House stood firm, Obama would actually step up and roll over Joe Lieberman personally, to make something like a PO/Medicare for younger people pass.

by Jerome Armstrong 2009-12-25 02:25PM | 0 recs
Could that reality really be?

There seems to be a huge gap in the reporting between Obama's abilities and Lieberman's stubbornness.

I haven't unearthed any information that would fill in this void. If you've heard something, I'd be anxious to hear it.

Of course, this doesn't address Nelson and Landrieu, the latter of which already spouted off that conference must not change the bill significantly.

by NoFortunateSon 2009-12-25 03:58PM | 0 recs
Re: Could that reality really be?

 I wouldn't worry about it.

by QTG 2009-12-25 04:03PM | 0 recs
Re: David Sirota's selective House fantasy

Look, Jarome, I respect you.  You are one of my favorite bloggers.  In fact, I can't believe you are responding to my diary entry!  That alone made my day.

But on this, I strongly believe you are wrong.  The fact is that Obama can't roll over Lieberman, because Lieberman does not care whether a health care bill passes.  He will cling to his deal or kill it.  We can't do that.  Lieberman doesn't give two shits about what Obama wants - he cares about his ego.  Given that Obama can't fire Lieberman from his senate seat, it just won't work.

Do I wish Obama had put more pressure on the conserva-Dems?  You bet I do.  I'm with Feingold on that.  But we are where we are, and at this point, Lieberman is not going to vote for a public option or a medicare expansion.

by deaniac83 2009-12-25 07:33PM | 0 recs
Re: David Sirota's selective House fantasy

Oops, Jerome.  Excuse the typo.

by deaniac83 2009-12-25 07:43PM | 0 recs
Re: David Sirota's selective House fantasy

Hey, I don't accept that its a fact that Obama can't roll Lieberman. Its just a matter of it looking like Lieberman is getting his way while the bill incorporates House aspects.

by Jerome Armstrong 2009-12-26 10:10AM | 0 recs
Re: David Sirota's selective House fantasy

Hey, I don't accept that its a fact that Obama can't roll Lieberman

unless it's true that a president gets one free asassination, then I pretty much accept it as fact that he can't roll Lieberman.

by ND22 2009-12-26 10:44AM | 0 recs
Selective blindness not limited to Sirota

If the last week some elements of the Left Blogosphere including the FDL folks, much of Open Left and that part of O L that overlaps here have been screaming about betrayal by people like Franken and Dean without it seems to me fully taking into effect that nobody has seen the full bill as it was voted on. Even now we have the bill as introduced by Reid and then the Manager's Amendment which only came out after the vote itself, but not the fully blended text. The Managers Amendment here:
http://democrats.senate.gov/reform/manag ers-amendment.pdf

I am assuming that some people had access to a blended product that represented the whole bill text including all Senators, House leadership, the White House and selected outside advisors and pundits, but it seems that most bloggers are stuck on bill versions that were floated between the Committee passage out of SFC and Reid' introduction of his revised version.

What no one seems to entertain is that the last minute passages of the revisions suggested by the Team of Ten may have been significant enough to get Franken and Dean on board, and all out resistance Sirota-style that might have been justified a week or so ago may no longer be. Certainly the FDL people have adopted a rigid stance seemingly formulated weeks ago.

I believe the 85/80 MLR provision changes EVERYTHING. There was equivalent language in the House Tri-Committee Bill and I called it out in July as the most important provision of the bill. Over the summer and fall the language was displaced in a way that made it effective only BEFORE the Exchange was established, which made it almost worthless, at best a guide for negotiations between the private insurers and either the State or Federal Exchanges, now at the last second it was reinserted in the bill and made to apply to plans both before and after the Exchange is put in place.

This is huge and while I believe deaniac83 referenced it in his last post it mostly seems to have flown over people's heads.

Almost all of the scary scenarios pushed by backers of Jane become limited or even eliminated by the provisions of the newly revised Sec 2718. The language is on page 7 & 8 of the Manager's Amendment linked above. It takes time to think through the implications so let me leave you with this individual tid-bit.

Under the bill prior to revision the path for obscene profits meant a combination of a low risk population of young adults and an individual mandate. Woo hoo Aetna! After the revision that same combination means Aetna goes bankrupt. With strong MLR insurance companies cannot simply jack up rates while denying care EVEN IF they find some way around the restrictions on barring coverage for pre-existing conditions or for rescinding policies. To do so risks triggering the rebate provisions of 2718.

Is it just, maybe, kinda possible that Howard and Al get this and  Jane and David don't?

Discussion at Angry Bear.

by Bruce Webb 2009-12-26 09:14AM | 0 recs
Bruce, I've read

that California already requires insurance companies to spend 85 percent on medical care (supposedly), and it has done nothing to end the abuses or prevent premiums from skyrocketing.

by desmoinesdem 2009-12-26 11:28AM | 0 recs
Wouldn't that indicate

that insurance company profits aren't the reason for skyrocketing premiums and thus the public option is pretty irrelevant because it too would be expensive?

by ND22 2009-12-26 02:44PM | 0 recs
not necessarily

It could mean that insurance companies are gaming the system by classifying various administrative expenses as medical costs, and California regulators are unable or unwilling to enforce the law.

by desmoinesdem 2009-12-26 04:18PM | 0 recs
Why the hell would they do this?

It doesn't do anything for them, that only helps doctors and hospitals.

If they're all giving themselves kickbacks as part of that 85%, and the state of California is unable to enforce the law, then there's a problem with the state of California.

Besides, do you really think Jerry Brown would let something that egregious go unnoticed?

by ND22 2009-12-26 04:45PM | 0 recs
Got a link?

What does California include under MLR? Does it have a rebate provision? Does the MLR apply rto each company or to the average which would include non profits like Kaiser and Blue Shield/Blue Cross?

by Bruce Webb 2009-12-26 05:32PM | 0 recs
Re: Bruce, I've read

A little Googling indicates that the California 85% proposal was passed in 2006 and vetoed and then passed again in 2008 or 2009 with effective date in 2011. Calling it a failure given that at least one insurer is still running a MLR of 69.4 seems premature.

by Bruce Webb 2009-12-26 05:44PM | 0 recs
Re: Bruce, I've read

I can not speak to this issue, but I do know you can not ignore that other provisions for reform in California have been blocked at the enforcement level, and that this bill contains a) weak language and b) no enforcement mechansism other than the states (which returns us to where we are right now but worse becasue you are forcing people to hold the insurance).

by bruh3 2009-12-27 11:22AM | 0 recs

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