Henry Waxman, chair of the House Energy and Commerce Committee, announced at a constituent meeting today that he was headed to Washington tomorrow to begin discussions with Senate leaders and the White House, aimed at reconciling health care legislation to find a final bill which can pass both chambers of Congress. “The differences on the health bill will be hard to reconcile,” Waxman said to about 175 people at the Pacific Palisades Democratic Club. “But that’s our job.”
Discussions are beginning early on the health care bill, although the House is not returning to session until January 12, and the Senate not until a week later. This will not be a traditional conference committee, Waxman said, because the motions to select and instruct conferees in the Senate “would need 60 votes all over again.” Instead, whatever agreements made could be packaged in an amendment to the bills passed by the House and Senate.
While many observers expect the Senate bill to remain largely intact following the conference negotiations, Waxman vowed to fight hard on at least one issue: prescription drugs. “The President and the Senate made very poor deals with PhRMA,” Waxman said, explaining the deal whereby the drug industry offered $80 billion dollars in givebacks in exchange for their support for the overall bill. “Rahm (Emanuel) said that’s OK,” Waxman said, but he noted that under the deal, the industry would get millions of new customers and Americans would still pay far more than the rest of the industrialized world for prescription drugs.
“I have said that I am not bound by that agreement,” Waxman said, noting all the provisions in the House bill which go further than the PhRMA deal. He highlighted the “dual eligible” issue, where Republicans in the Medicare Part D benefit shifted millions eligible for prescription drugs on Medicaid and Medicare into the Part D program, giving billions of dollars in windfall profits to the industry because the Medicaid deal offers better prices for drugs. Waxman said that in the conference, where he expected the President to sit down personally, “I’m going to say, ‘Are we interested in protecting the profits of the drug companies or protecting seniors?’”
Waxman said that there would be no push to reimport drugs from other nations like the amendment offered in the Senate by Byron Dorgan, because the provision didn’t appear in either chambers’ bill.
Waxman, who called the health care bill passed by the House “an enormous step,” highlighted the delivery system reforms that would reduce the reliance on fee-for-service medicine. He said that he favored a public option that would compete with private insurers and hold down costs. But conservative Democrats “who say they’re for holding costs down, were not in this case.” He had “serious doubts” whether the final bill would keep the public option, but he did not commit to voting against the bill if it did not include the provision. “I would never vote against this health care bill if it did not have a public option,” Waxman said. “You can’t get everything you want, but you have to value what you get, and improve upon it as the years go on. Obama said he’d be the last President to work on getting health care reform. He won’t be the last one, even if he’s successful.”
Asked what would be available in place of the public option to put a check on private insurers, Waxman highlighted insurance regulations, such as the requirements that insurers spend a set amount on medical care, known as the medical loss ratio requirements. He noted the proposal in the Senate bill to set up nationwide plans managed by the Office of Personnel Management, saying he wanted to take a look at that. He even suggested that he would rather have the “trigger” provision favored by Olympia Snowe than no public option at all. Waxman hoped that Congress could revisit the issue at a later date.
I asked Rep. Waxman whether he was concerned about the insurance regulations being enforceable, since that enforcement would be outsourced to state regulatory frameworks that have had haphazard success. He did believe that using the House’s version of a national insurance exchange would be preferable to the Senate’s state-based exchanges, because it would allow for federal oversight and enforcement. “We could deny the insurers the possibility to use the exchange” if they don’t play by the rules, Waxman offered as an example. He said that money was in the House’s bill to operate the exchange, and that could also be used for enforcement, but he acknowledged that in both bills, state insurance regulators would still have a lot of the burden of enforcement. He promised to continue oversight in the Energy and Commerce Committee aimed at making sure the insurance industry would follow the law and live up to their obligations.




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The House version of Medicare drug price negotiation is severely compromised by the inability to create formularies. It’s still better than the pharma deal–which actually increases Pharma revenue by $25 billion, but I would be surprised if the so-called centrists will go along with any backtracking on the White House deal.
On second thought, it sounds like Waxman isn’t even going to try for drug price negotiation. Instead he’s going after drug prices for ~7.5 million Medi/Medi’s. It’s ridiculous that someone who is Medicaid eligible would have to use an the costly Part D program. For this and a number of other reasons I can see Waxman prevailing on this issue. However pharma is getting more savvy about negotiating with Medicaid anyhow so the savings will be less than projected.
If we are going to give up the public option, we should get something for it.
The exchanges and other actual insurance providing provisions should start in 2013. Forget the impact on the CBO score, or hike the medicare tax on 200k earners to 1.2%.
what else?
If we can’t have a public option, we should require insurance companies to spend 90 percent of premium on medical care, pre-existing condition ban for everyone not just kids starting in 2010, the House 2x rating for older insured and, we must have a permanent COBRA extension for workers who lose their jobs.
Particularly important is for the HOUSE to stand up for COBRA extension for the unemployed, which is in the House bill, Section 113. We need to help the unemployed keep their insurance until the exchanges start, without forcing them into expensive high-risk pools.
Section 113 of the House bill permits the unemployed, many of whom can’t get individual coverage because of pre-existing conditions, to buy into their old group insurance until the insurance exchanges start in 2013.
What I would say is that the Senate’s boxed into a corner on this issue. I can see them blowing up the deal over the public option or something. But because too many seniors would be getting cheaper prescription drugs? Keep in mind that the loudest Dems against the Dorgan amendment were not Lieberman, Nelson, Landrieu or Lincoln – they were people like Bob Menendez and Frank Lautenberg, and there’s just no way they’ll hold up the overall bill. I actually think Waxman can score with this.
Waxman should try for whatever he can get. Since he’s said he’ll vote for the bill he doesn’t have much leverage, but maybe he can threaten public hearings to put the industry on the defensive.
The problem with enforcement is that the health insurance industry has long ago realized that it’s far less expensive to pay fines than to adhere to legislation and regulation. And … it’s rare that any fines established are ever paid and when they are, it’s not to the impacted party, but to a govt regulatory agency.
not a “regular” conference committee? i love the way they ignore or their own rules (or insist the rules must be followed) when it suits them — not.
if it was a regular conference committee only the senate bill would be considered. does their non-regular bill allow for the house bill to be considered as well?
So, Waxman’s going to make some demands after he’s said he’ll vote for the bill. Right. Watch him fold like a wet paper bag.
I’m holding my breath waiting for the bill to be improved. Not.
Re: Blackwater, David also has a post:
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/01/BA8V1AV589.DTL&feed=rss.news
Sorry, wrong thread.
“Watch him fold like a wet paper bag.”
Folding like a wet paper bag is a talent required for the new Democratic party.
Wet paper bags disintegrate with an pressure.
Is there somewhere the list of House and Senate conference committee members? The makeup may tell us about the bill’s prospects.
Good for them!
Can you really call this “targeting the PhRMA deal”? This sounds like a lot of spin coming from Waxman and probably originating with Pelosi and the White House.
If you’re not going to touch formularies or reimportation, and are simply going to shift some people from one program to another, how badly does it blow up the PhRMA deal? Also, formularies and/or reimportation would be hard to reverse in Congress at some point in the future, as it would be a more fundamental change, while tinkering with some qualification rules would be easy to do later.
I really don’t buy this spin. The House, in order to make it appear that they are not completely caving in, and allowing the Senate to wipe their bill off the map and usurp their power, has to come up with something that looks significant. But don’t count on the fact that it will actually *be* significant, especially in the long run.
I just think, from what I know so far, that it’s dishonest for anyone to say that this challenges the PhRMA deal in any significant way.
I’m hoping that by giving away Boardwalk, Park Place, Pennsylvania Avenue, North Carolina Avenue and Pacific Avenue that they will let me keep Baltic and Mediterranean.
i wish i could say i have any hope whatsoever of change coming out of this. at this point as completely as the whole routine has been sold out, as wasted as my vote was- my grandfather is chucking in his grave, “told you boy ain’t none of fit to haul guts to the buzzards.”-i can’t think of any reason to think any of it will get any better ever. we need a new party and new candidates and new everything, but it seems when something bright and shiny and new does manage to get elected it turns out to be just the new model of the same thing. maybe the best thing is to just hope that our masters at corporateworld will be kind.
Exactly. Waxman says he’s not bound by that deal, yet he’s sure acting like he is:
How convenient. Just like the myth that we need 60 votes just to blow our noses.
Sixty Democratic votes. Republicans and used-to-be-Democrats do not seem to be similarly constrained historically.
that’s awesome!
After they pass this piece of historic crap, will our health care system be superior to any of the systems in place in the modern industrialized world? Superior in any way what-so-ever?
All the democrats voting for this travesty of a bill are facing reelection problems and they know it.
Even if the tea baggers are misguided in not wanting Health Care Reform, they represent a large voting block which are necessary for republican reelection.
Time to change third party rules and get one up and running now. The masses of young people who worked for Obama need someone to get behind. Howard Dean attracted young people because he was authentic.
I cannot trust Waxment at all. He chaired too many committees that went nowhere. Same for John Conyers.
At making lots and lots of money
For starters, the White House has precious little goodwill left and the drugs industry none at all. It has proven itself as rapacious as insuresters. The government cannot responsibly mandate that citizens do business with these frauds, certainly not without a robust national regulator and far better regulations than have been seen in Washington since Harry Reid boxed.
The good news is that all the House seats are up for re-election this year, while only 1/3 of Senate seats are. So the House has more reason to deal. OTH, the WH and Senate are united in wanting no real change, except for pro-industry changes. That smells a lot like no change at all would be a better walk away position than complete submission, which is no walk away position at all. To carry it off, the House has to be ready to play hardball on a lot of other business, and to face off against the Rahmster, who never stops spinning that wheel in his WH cage.
Thank you, Henry, for being a legislator, instead of a paid hack. We need lots more like you.
It needs to meet the president’s goals of covering many more people, if not everyone; bending the cost curve down for individuals and the nation, improving quality of care and offering people options (of keeping their current insurance or of choosing whatever else they like).
It will probably have to meet quite a few other restraining criteria to get 60 votes and to not tick off the public.
Cost control? Don’t even bother mentioning it. Not important. Everyone move on. Nothing to see here.
But this bill is historic!
We should be grateful that they’re forcing us to purchase private health unsurance under penalty of fine and that they’re allowing us to pay the highest prices for drugs in the world so that we can subsidize prices in places like Europe, which have higher standards of living than we do.
That rather accepts WH framing of what this legislation needs to accomplish. From the experience of Bush’s Medicare drugs legislation, absolute dollar caps excuse abuses and are riven with false assumptions. With the stimulus bill, they hid excess caution and were functionally harmful to desired goals.
“Bending the cost curve” is a marketing slogan. It covers abuse at least as much as it imposes fiscal discipline. The current Senate bill is among the most expensive choices available, because it avoids cost-containment efforts that would inevitably conflict with insurance and drug companies and medical service providers.
I suggest that this debate would be better off, as would this legislation, if we did away with such fig leaf phrases.
No kidding. I particularly liked this:
That sure sounds like the in-person version of a Sternly Worded Letter and I imagine it will be roughly the same in effectiveness.
I am also utterly disappointed in House progressives, who seem to relish in diminishing their own power by making promises that they never keep, i.e., will vote against any bill that doesn’t have a Public Option.
Ha!
I don’t know who’s more of a sucker – them for always folding like cheap lawn chairs or me for believing their promises in the first place.
What is it going to take to get some real progressive lawmakers that actually, you know, work for progress? And is such a thing even possible in today’s political climate?
“I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them.”
— Thomas Jefferson
It is probably the case that we will have to wait several years for the insurance companies to demonstrate their untrustworthiness and perfidy. Then popular demand to introduce public options and more stringent regulation will be harder to deny.
Centrists? You mean the Corporatists don’t you? The center is where we are look at the polls. The Corporatists are far to the right of public opinion so lets stop using this phony reference for these people. It makes them look reasonable like calling someone a moderate. Its just a ploy to disenfranchise anyone with a non-Corporatist opinion. ( Progressives and some Libertarians)
This crucial point was learned in California over the last decade battling Blue Cross rescissions and other insurer badnesses. And insurers have more money than God (after decades of sky-high premiums and rescissions) so they can virtually write off fines as the cost of doing business, and govt (at state and fed levels) has less and less money to pay staff to conduct enforcement. This is why a robust widely accessible public option as competition is so important (House PO might not be strong/wide enough to be effective but it could be a start). Only competition can have a serious effect on keeping premium prices down along with copays and deductibles. I never thought I would beg for a PO trigger but looks like I might have to if the House/Obama/Rahm let the PO die.