In a conference call, leaders of America’s top unions announced their deal on the excise tax, one of the biggest flashpoints in the negotiations over a final health care bill. House and Senate leaders as well as the White House are on board with the new plan, which raises the threshold for which plans get captured, allows for a transition period for collectively bargained as well as state and local employee plans, and most interestingly, basically opens the exchanges to all employers after 2018.
AFL-CIO President Richard Trumka announced the details, saying that the labor movement has been fighting for health care reform for 60 years, and that this successful joint effort among multiple unions puts them on the path to victory:
1) The threshold of the excise tax will increase slightly, from $23,000 to $24,000 for a family plan, and from $8,500 to $8,900 for an individual plan. That will be the threshold when the tax kicks in by 2013. However, if health inflation between now and 2013 rises faster than current assumptions, the threshold will rise in tandem with that excess inflation.
2) The annual indexing is still the consumer price index plus 1% annually. That is historically lower than health inflation, so you still get a situation where more plans hit the threshold every year.
3) After 2015, dental and vision plans for all Americans, not just unions, get excluded from the calculation of the excise tax threshold. So only your main health plan would be included. (UPDATE: A labor spokesman emails that this alone raises the threshold close to $2,000)
4) For all Americans, the threshold rises for employer-based plans that are pricier because of age or gender. This is what is known as the “teacher tax” effect, where industries that employ older women, for example, at a disproportionate rate, have higher health insurance premiums. Richard Trumka told FDL News that each unit would be calculated separately, so there’s no way to explicitly say how much that threshold will rise, but the models indicate “a significant improvement”. NEA President Dennis Van Roekel said that this provision “adds equity and fairness into the bill.”
5) State and local employee plans, as well as plans that are collectively bargained, get until January 1, 2018, before their plans would be hit with the excise tax. This gives them time to re-negotiate their collective bargaining agreements. Trumka described this as “transition relief for employers and individuals.”
6) Most interestingly, by 2018 2017, all plans, whether collectively bargained or not, would be able to go onto the insurance exchanges, the large marketplaces where individuals can under the bill purchase insurance. Individuals getting employer-based coverage would still not be allowed to bolt their employer plan for an exchange plan, but their employer could purchase coverage on the exchange.
UPDATE: Just to be clear, this opening of the exchange by 2017 was always possible at the discretion of the HHS Secretary in the Senate bill, but according to Trumka, it’s a done deal.
That’s potentially significant. It lowers the firewall to the exchanges to a degree, provided that they are operating smoothly enough by 2018 2017 that employers would want to use them. If you increase the number of people on the exchange, suddenly the government is more on the hook to make them functional and operable. They don’t become low-income habitats, which typically leads to vulnerabilities in federal budgeting. If GE goes on the exchange, for example, there’s more bargaining power, and more of a federal responsibility not to make them suck.
It really all depends on whether they are perceived as a decent deal by 2018 2017, or if they’re offering crappy insurance at an unaffordable price.
Trumka, who was joined on the call by Anna Burger (CtW), Larry Cohen (CWA), Gerald McEntee (AFSCME), Dennis Van Roekel (NEA), Randi Weingarten (NFT) and other labor leaders, called the negotiations a “milestone,” and said that, subject to improvements in the final bill, labor would support the health care reform. All the other leaders concurred.
The cost impact of all these threshold rises and exemptions is that the excise tax would raise roughly $60 billion less over 10 years, Trumka said. This makes it $90 billion out of a $900 billion dollar bill, and not the major pay-for in any way. But raising that $60 billion from other stakeholders or with other taxes will be a priority.
Asked if this union carve-out was somehow unfair, Trumka emphasized the changes for all working Americans in the compromise, including the age and gender threshold, the exclusion of dental and vision, and the exchange participation option. Asked if union workers will still see benefit reductions when everything is implemented, Trumka said, “We don’t know. We hope the bill will start to ratchet down health care costs, as it’s designed, and nobody will have to feel the excise tax.”
MAJOR UPDATE: I’m told that the White House is walking back the idea that the exchanges would open to all employer plans, union and non-union, by 2017. If true, that makes it significantly less critical a deal, and unions consequently look more like they protected themselves here…
…Now it’s completely unclear. Some people say the exchanges would be open, some say it won’t. It’s a pretty key point, so the White House needs to come clear. Fortunately, the House has vowed that the bill will be online for 72 hours prior to the vote, so one way or another, we’ll know.



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Does this mean we will all be making $200,000 a year by the time this tax on working people goes into effect?
good recruiting tool,organize!
That’s one way to look at it. No doubt the way that Gruber looked at it.
But “rachet[ing] down healthcare costs” in this instance actually means “employers lowering the quality of their insurance plans, so that they don’t have to pay the tax”.
Is that how we’re going to keep healthcare costs down? By making sure that American workers get crappy insurance policies? I can see the tax keeping insurance overhead down, but not the overall cost of providing care.
What it means is that Trumka went back on his word and sold out.
And note the careful weasel-wording in the unfortunately unattributed phrase “subject to improvements in the final bill… when there is not even the fig leaf of a public option to counter the corporate mandates we’ll hear “it wasn’t Trumka’s fault” and then “He couldn’t give up
the few scraps we begged forwhat we fought so hard to secure for our members to chase a lefty liberal Walmart-shopping union-hating dirty fucking hippy priority.”As for the less-than-scraps offered to the non-union massed? I just can’t wait to hear the arguments that those crumbs now make this corporate poison-pill of a bill somehow worth swallowing.
It is a bit of a circular argument. Trumka’s answer would probably be that the changes in this bill would raise the threshold high enough, and exclude enough people, that very few working Americans would be materially affected.
What I think will actually happen is that this will be like the AMT, and it’ll be raised and raised every year to avoid hitting anyone, and so any expectation of revenue from it is a fool’s errand.
David,
The fucks we have trusted have sold us out.
Is there any other message?
As I understand it, the whole thing is cost shifting, not cost reducing. Do not know enough to opine in detail, but the costs seem to be shifted mostly on middle income people and healthy young people who must buy a crappy product, and onto the govt for the subsidies for lower income people.
yet nobody wants to tell the people that they will be taxed to pay their mandated premiums to the tune of 6 to 8% of their pay. That’s only HALF of the mandate. You are then required to meet the same in out of pockets.
That’s the way I understand it, which is why I am moving to Canada.
But we all get to pay for these Congresscritters fucking Golden Health Plans for life! Could this get any friggin worse?
The further opening of the exchange by itself creates instability, since the exchange fairness, such as it is, depends on cost-risk sharing, but that only happens within the exchange. If people can opt out of employer-based system and into the exchange, but the employer-system is not part of the same cost-risk sharing population, then you get cherry picking, with the latter system pushing employers with sicker/older people away from employer-based system towards the exchange. They’re creating something that will have to be fixed later.
Also, the ability to opt for the exchange raises the question whether it’s the Senate “mandate” or the House’mandate or the Wyden open exchange idea, in which case the employer has to contribute to the exchange pool what it otherwise would have spent to provide insurance to its employees. So what did they do with that.
The whole thing is so complicated, its hard to believe it can actually work, even under the best of assumptions.
that’s it reduce demand, and poof cost reduction.
What about flexible spending accounts (FSAs)?
My understanding was that (previously) that would count toward the threshhold.
That is a big deal for some people.
Has Wendell Potter commented on this yet?
Welcome to Dog eat dog. I don’t blame labor for cutting a deal for themselves. Maybe Americans will stop bashing unions and begin to join unions. And if they are really smart they will form a labor party then.
wasn’t mentioned, i’ll follow up.
Methinks this is the end of the two party system here.
Great good came from third parties in the past for the US .
As our country became more and more fascist, other parties were squeezed out. If you don’t believe the system is rigged..watch the Nixon Kennedy debates on You Tube. ..the way policy was actually discussed. Compare it to the 2008 charade. I lost interest when Gravel and Kucinich were kicked out. Their discourse didn’t sound so ….so canned.And now we have Obama who feels no need to keep his campaign promises. Our justice system and election systems are rigged for republicans.
And if we hadn’t had caucuses in a lot of states in the dem. primaries, hillary would be our president. She and bill both have tried to do away with caucuses and have dem. primaries totally go to electronic voting machines.
Where a candidate can be ahead at bedtime and at 1 AM suddenly lose. Don Seigleman comes to mind.He complained and look what happened to him. This is the two ton elephant in the room for progressives.
And maybe Americans will be even more convinced that unions are just another big business, screw em.
Union leaders pushed hard to make sure any easing of the tax benefitted as many workers as possible, not just union members. For instance, the agreement raises the threshold for plans that have significant numbers of women and/or older workers. It preserves the original Senate proposal to raise the threshold for plans with workers in high risk professions, affecting more than 9 million workers. And it temporarily raises the threshold for high cost states, affecting more than 38 million workers.
As CNN put it today:
“AFL-CIO chief Richard Trumka has made looking out for all workers — not just union members — a big part of his platform.”
http://www.cnn.com/2010/POLITICS/01/14/health.care.negotiations/
What lunacy – selling-out and trumpeting over scraps. Carve it up into pieces and you still have a major financial hit on the middle class, whose affordable health care will not improve, while the industry gets richer and the members of Congress and the President get away with pretending down is up. I do blame Labor for cutting their own deal, as it gives cover to those who’ve screwed working Americans. They were given a chance to raise hell; they were invited to the table. They blew it and I’m furious.
Obama sold out the middle class to protect big insurance and big pharma.
Betrayal is the only word for it.
I was starting to feel a teeny bit optimistic, til your update…
But every time I see that starting date, I despair all over again. By that time, I’ll actually be eligible for Medicare.
Assuming, of course, that the “commission” Conrad and some R are pushing for doesn’t eliminate Medicare and SS, too, by then.
In which case, I will probably be dead.
It is complicated, and ridiculous.
All of these Rube-Goldberg mechanisms – and the huge difficulty in obtaining consensus regarding those contortions – highlight the absolute undeniable need for a simple single-payer system providing quality health care access for all, untethered from employee benefits packages.
I believe Tula Connell has the right answer. Trumka was negotiating the best deal for this evil bill for more than the few people left in unions. Unions only represent 7% of non government jobs. They know this. We need to get those numbers back up. We need to form unions and cooperatives and be proud again of the word “worker”. Then we have a chance. Workers used to at least have the numbers. We need to get that back.
You will notice that no one states WHOSE costs will come down.
Obama sold out the middle class to protect big insurance and big pharma.
If this atrocity passes, I for one will not let him sell it as a victory. I will fight that just as hard as I fought Shrub for 8 years. It is not a victory; it is a defeat. And, going forward, we simply cannot allow him to betray us on other key issues such as entitlements.
I am no longer disappointed. I am angry. I don’t trust anything the guy says. He is not a good man who has been victimized by a bad Congress. He is a bad man.
OK, I get the part about anyone being covered by a collective bargaining agreement getting something out of this deal, but what about people who are on their own: not collectively bargained and not employer insured? This really looks like a plan to herd people into two pens so that one herd can be branded welfare. And dealt with accordingly, of course.
Mr. Trumka gets paid for leadership like that? He has redefined small potatot down to the size of a pea.
Oh, you are preaching to the quire.
Thanks, Milly.
Well, so much for the relevance of organized labor.
Remind me to opt-off of all those AFL-CIO mailing lists I’m on.
I think that, as usual, David Dayen is right – they’re turning this into another AMT, so that the excise tax never hits anyone, but is a perpetual annual political football, another thing they can vote to ‘fix’ every year and trot out in campaign commercials.
Meanwhile of course you get a bill that forces people to buy insurance they can’t afford to use, lets employers off the hook or even better, lets them dump their workers on the crappy exchange to buy lousy plans at enormous expense, and depending on their income level, enormous TAXPAYER expense as well. Wheee!
No public option, no medicare buy-in, no nothing. This bill is one giant shit sandwich that does nothing to fix the underlying problems with our healthcare system, and the nations unions just signed on board, and with it, signed their death warrants too. In ten years, who’s going to WANT to employ a highly skilled American union worker, when you can get the same job done in Europe, with a well-cared for population under universal health insurance? And when millions lose their insurance between 2014-2017, while Union members healthcare is safe, what’s that going to do for labor relations?
What a joke.
The disjointedness of his [Democratic] opposition has Mr. Obama and his Chief of Stiffers laughing all the way to the corporate coffers of the Chamber of Commerce. They’ll call this a progressive victory and retire with taxpayer-paid retirement and full health care, and wealth enough to ride in the limo lane of the interstate. How this is remotely Democratic, let alone democratic, is beyond me.
A real Cadillac tax would apply to CEO and executive officer plans that pay for everything, no questions asked, just like the Congressional plan. I suppose that looked too much like a wealth tax and was laughed out of the empty showroom.
It’s still a fucking sell-out.
I assume the unions felt they had no options (the choice being getting fucked with or without bending over and a pat on the back)
It’s still a fucking sell-out.
Fucking spineless whores.
Very well said Milly and ain’t it SAD! America has rotted on the vine… Pure Unadulterated corruption top to bottom . Criminals every last one (politicians and all of mainstream pied piper media of then sans Kucinich and a handful of others}. I’m ready for the second revolution and hopefully it need not be a violent one but make no mistake its coming … all cycles including political corruption one eventually play out.
The difficulty, these people who claim to represent us have, is that Social Security is always mentioned as an example. It started off as rather limited in its coverage, and through legislative action, expanded over time. The proponents of the current health care insurance like to use it to explain how their bill would work itself out, when passed. The problem using it as a comparison is that it was a governmental program from the start. It used separate taxation to differentiate itself from our general income taxes, and was (and is) administered by public bureaucrats. Its expenses remain low. The principal threat to Social Security has come through the taking of what is termed “the surplus,” to use for purposes other than which it was intended. Simply put, there is no apt comparison.
While I respect Richard Trumka and appreciate the need to salvage something from this underhanded, evil p.o.s., the Senate bill should be killed. Health care coverage is what’s needed, not “insurance.”
I’m with you Klynn, I don’t decide till I hear from Wendell and Howard Dean.
BTW, did they deep six Howie? I haven’t heard from him in a while.
So much for free speech.
Wendell maybe he “seems” decent but why do you need Howard Dean to tell you whats good. He’s the consummate insider a Rhodes scholar and all that implies (which is not that he’s smart but a likely compliant tool of the elites. This is how the pied piper game is played.. that parade a seemingly good guy like Dean infront of you saying all the right things to gain your confidence then when the time is right pied piper cretens (not saying he is but very likely could well be… Rhodes scholarships are an “investment”) herd the sheeple that were suckered right into the slaughterhouse. Sound familar? Obama was the pied piper that played democrats for the fool not so very long ago but has since exposed himself for the disgusting piece shit he (really) is.
Given everything that has gone before… actually, Trumka did better than I though he could. Trumka’s first responsibility was to his union folk. I’m okay with that. His second responsibility was to progressive non-union members who have supported him and his people. I’m okay with that, too. It doesn’t appear to me that he shirked his second responsibility. The betrayals we have experienced have come from our congressional representatives (particularly, the Senate) and the Obama administration. I’m not confused about this. When I first heard about the elements in the Senate’s version, my very first first thought was divide and conquer. We needed the House progressive caucus to help us overcome that.
I have a question for everyone: do you all consider yourselves democrats?
I mean, I hear people talking about America “rotting on the vine,” as if it wasn’t rotten from the beginning.
I almost have to force myself to read the analysis here on FDL re: healthcare reform, because, while the analysis is, in a certain way “correct,” it seems to me that it is in a certain way “completely fucked!”
I don’t mean to be disrespectful, and people’s hearts seem to be in the right place…but, I can’t understand why we waste our time parsing and analyzing in detail the proposed reforms before us.
Reform in this country has always been a way to calm the pissed masses who get fucked by the system…and by system, I mean CAPITSALISM!
So, people beg their leaders in the democratic party to pass some reform, and the real problem never is even talked about.
I make no claim to be a genius, or have some special insight…just seems to me that if you call yourself a democrat, or expect to get real improvement through the electoral and legislative process…you are a roadblock to improving the lives of working people in this country and everywhere else (whether you mean well or not).
Trumpka should be denounced outright-not apologized for. he could “lose his fucking mind” and call for a general strike and call out people to the streets.
At least he wouldn’t be providing cover for the sham that is healthcare reform.
FDL is an awesome site, and Dayen and Teddy and marcy and Jane are amazing…
So, can someone perhaps write an article on why even one working class person should support any democrat or any proposed healthcare reform?
Can we have a debate here about alternatives to capitalism, or is this site dedicated to making capitalism “more humane?”
I mean no disrespect to anyone at FDL…just angry like everyone else, and wondering when the criticism will start attacking the real problems…
apparently you are confused beyond belief (actually). Our representatives are betraying us?
Explain how our representatives are betraying us! Please!
All this analysis of the details of the healthcare reform reminds me of when people pick through the details of the Iraq and Afghanistan wars, never actually talking much about the fact that both are fucking war crimes; instead, critiques are offered to condemn the poor waging of what are essentially just wars.
Obama uses a “peace prize’ speech to justify war and talk about American exceptionalism!
No wonder we are fucked in this country!
oops! i also meant to point out that our representatives are not betraying us, because they never were for us…never.
Wendell Phillips:
The labor movement means just this: It is the last noble protest of the American people against the power of incorporated wealth.
Agreed- we’ve been played for dupes. The so -called progressive should vote this down in the House , in the Senate. I doubt Feingold any of them have the guts. Its a turning point, the brazen clear disregard for the democratic base, for truth, for fairness… all handed to us by the “Democratic” cabal. I really didn’t think he’d be this cynical and mean spirited. There aren’t even little bones for the masses, just complete capitulation to the corporate masters. Geitner talks and thinks like an eighth grader… Obama really ‘cares’ — about what?
Cynical, narcissist….
Something new will rise in the people, new leaders, new clarity… this is a bizarre chapter, strange days indeed.
Fantastic !!!!!!
Back in the late 60′s/70′s there was a phrase for this kind of treatment: rat-fucked.
Rat-fucked by Obama.
Rat-fucked by the Dems.
Rat-fucked by the unions that sold out.
And soon to get the final royal rat-fucking by the Progressive Caucus when it rolls.
Good explanation of the Rhodes. It was instituted to keep the British/American empire going. Rachel Maddow is a Rhodes scholar. For that reason and her sarcastic tone, I don’t listen to her.
I hope they kill this bill, but that is not what the powers that be want. Guess we all need to read up on Germany in the 1930s, Chile under Pinochet, and Bolivia pre-Morales to get some pointers. Do we have the will to resist? Or will we end up like Russia?
As someone who has been involved in wage and benefit bargaining, the deal is disappointing, but not surprising. Since 2008 unions have taken a hard hit in the media and therefore in public sentiment.
As someone who enjoys a “cadillac plan,” I would much rather have seen a Medicare for all system, and then allowed unions to bargain and employers to offer supplemental coverage for employees.
My continued disappointment also lies in how pre-existing conditions will be covered. If insurance companies are allowed to charge those with pre-existing conditions more, then it really isn’t access to care.
I truly believe affordable access to health care will begin to be the big class divide, beyond educational differences. If my daughter cannot find a cadillac insurance plan years from now when she enters the workforce, the cost of care for her disease will rob the American Dream from her…truly sad.