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Health

Former Massachusetts Reform Head Warns HHS Not To Overreach On Essential Benefits

This morning, the Institute of Medicine began its second day of deliberations into defining what would constitute “essential health benefits” under the Affordable Care Act. Even though the law identifies general categories that insurers will have to cover beginning in 2014 — emergency services, mental health care, outpatient and inpatient care — these meetings are designed to help HHS reach more specificity on the issue. The agency is also required to ensure that the scope of essential health benefits “is equal to the scope of benefits provided under a typical employer plan.”

During this morning’s second session, John Kingsdale — the former director of the Massachusetts Connector Authority — predicted that defining “essential health benefits” will be “one of the more challenging parts in implementing the ACA” and warned the agency against “overreaching” in detailing which benefits insurers will have to provide:

KINGSDALE: The nation is highly divided by this and so whatever is put into the essential health benefits package that can be portrayed by those who tend to oppose ACA as unfairly burdening those employers or individuals, who want a different benefit package will be used as political fodder to tear down the ACA and I strongly believe that overreaching…could doom implementation. [...]

There is a tendency to think about benefits in the context of negotiation for something more someone else would pay for and I think it continually surprises people to understand, ‘oh there are real people who cannot afford what we consider to be an ideal benefit package and they actually have to pay for it in premiums. ….This was very much about giving people decent coverage as opposed to primarily a policy of it just being about raising the standards of coverage and it seems to me when you have to make close calls about benefits, it’s important to return to that principle. Secondly, obviously, most benefits cost dollars no matter what you will hear about how they will save money and that the ACA will live or die on affordability. And thirdly, that there is a fair degree of consensus about minimum benefit steps and so that you will find most states don’t even mention most of the things that are covered typically by commercial insurance and there are additionally very few benefits that significantly improve [inaudible] or save dollars. So, I think it’s not difficult to find that essential minimum benefits package and then, as you can tell from my other principles, I would advise you to be very conservative about adding on to it. [...]

My experience suggests revisiting and learning from cases and some flexibility and even phasing in would all be very helpful as you go down the path of defining a minimum benefit that will be extremely controversial.

Indeed, as CQ Healthbeat reported, it’s still unclear “if officials will seek a specific list of treatments or ask insurers to mirror benefits in particular plans, such as the Federal Employee Health Benefits Program.” Either way, they will have to balance Kingsdale’s suggestions with the concern that too loose of a definition would allow insurers to design plans differently — possibly even in such a way that would lead to adverse selection.

IOM will publish recommendations for HHS “by September, and HHS will issue its proposed rules by the end of the year, giving insurance companies time to adjust plans before the provisions take effect.”

Media

Defusing The Obama Internet ID Scare

Our guest blogger is Aaron Brauer-Rieke, Plesser Fellow for the Center for Democracy & Technology (CDT). CDT is a non-profit public interest organization working to keep the Internet open, innovative, and free.

The Obama administration recently discussed its intent to promote an enhanced Internet identity system. Many major media outlets reacted by casting the plan in an ominous and misleading light.

The plan, the National Strategy for Trusted Identities in Cyberspace (NSTIC), is currently in draft form. It envisions a future with fewer usernames and passwords, stronger security, better privacy, and new online services. Importantly, these new online identities would be optional and maintained by private companies.

Unfortunately, media outlets have taken the easy road and framed NSTIC as a government takeover of Internet ID. A CBS News headline announced “Obama Eyeing Internet ID for Americans.” (No one likes the government “eyeing” things, right?) Fox News reported the government would have the authority “to create an Internet ID for all Americans.” A recent article in The New York Times, under the headline “Obama’s Internet Plan Sounds an Awful Lot Like a National Internet ID,” insists that “[w]e are talking about a government-controlled system. That is exactly what we are talking about.” NSTIC is likened to a plan for an “alternative” Internet like “the Chinese government has been working on.” Yikes.

The real story isn’t nearly as grim. Commerce Secretary Gary Locke made a simple and straightforward assurance: “We are not talking about a national ID card. We are not talking about a government-controlled system.” Even the ACLU offered some very cautious optimism, telling Bloomberg BusinessWeek “If the concept were implemented in a perfect way it would be very good.”

So, if NSTIC isn’t about a national ID card, what is it about?

Today, life on the Internet is supported by a rickety pile of insecure usernames and passwords. If this identity infrastructure can be made more reliable, convenience is increased and innovation is promoted. The Internet is already a fantastic tool—but if it could be made more trustworthy, it would be more useful to us all.

Imagine confidently using your cell phone to bank online, access your healthcare records, check your home’s monthly power consumption, and transfer the title to that car you just sold and doing so without having to enter multiple usernames or passwords. Imagine that federal, state, and local governments could more easily and reliably communicate with constituents online. These sorts of innovations will require a better identity infrastructure.

None of this will happen tomorrow, of course, but it’s important to start the conversation. It’s a collaborative process and the government should have a seat at the table.

All of us, especially the press, should keep a critical eye on this important and complex process. There is potential here, but it has to be done right. It must be the private sector, and not the government, that builds and maintains any new identity infrastructure. We must ensure privacy doesn’t get lost in the mix. (Better identity can be privacy preserving, but this isn’t the default.) We have to protect easy access to anonymous speech. So there are caveats. But if properly implemented, a better online identity system could make our lives easier and unlock new possibilities.

Update

Fox News anchor Greta Van Susteren advocated an Internet ID system as a way to “tone down the viciousness.”

LGBT

Obama DOJ Files Brief In Defense Of DOMA: Congress Established ‘Federal Uniformity’ As States Tackle Marriage Question

Back in July, a Federal District Court in Boston ruled that Section 3 of Defense of Marriage Act (“DOMA”) — the section of the 1996 law which denies federal benefits to legally married same sex couples — is unconstitutional because it interferes with the traditional state right to define marriage and forces the state to “violate the equal protection rights of its citizens.” The decision was composed of two separate challenges, one brought by the state of Massachusetts and the other by Gay and Lesbian Advocates and Defenders (GLAD) “on behalf of eight married couples and three surviving spouses from Massachusetts” who have been denied federal benefits available to heterosexual married couples.

The Obama administration announced its intention to defend DOMA in October of 2010 and today filed a brief arguing that “DOMA is rationally related to legitimate governmental interests.” The government maintained that Congress enacted the law during an era of upheaval to maintain “uniformity on the federal level” and allow states the flexibility to expand the definition of marriage as they see fit:

When DOMA was enacted, the institution of marriage had long been understood as a formal relationship between a man and a woman, and state and federal law had been built on that understanding. But our society is evolving, and as is well-established, the “science of government . . . is the science of experiment.” [...]

By passing DOMA, Congress sought to preserve the status quo understanding of marriage in federal law as limited to opposite-sex couples while preserving the authority of individual states to engage in a period of evaluation of and experience with a new definition of marriage that is open to same-sex couples. Congress could rationally conclude that maintaining the status quo at the federal level during a period of change would allow states that wish to make changes in the legal definition of marriage to retain their inherent prerogative to do so, while permitting others to maintain their existing view, both by declining to authorize same-sex marriages in the first instance under their own laws and by declining to recognize such marriages that are approved under the laws of other states.

Metro Weekly’s Chris Geidner adds, “the government argues that — contrary to the trial court decision in the Massachusetts case — DOMA does not violate either the Spending Clause or the Tenth Amendment to the Constitution.”

Obama has pledged to fully repeal DOMA, although he has yet to press Congress to act on the issue. In 2009, Reps. Jerry Nadler (D-NY), Tammy Baldwin (D-WI), and Jared Polis (D-CO) introduced The Respect for Marriage Act of 2009, which would repeal the DOMA and allow the government to provide benefits to married gay couples.

Read the full brief HERE.

Update

The brief notes that five states (and DC) allow marriage, some have civil unions, 41 have constitutional amendments or statutes limiting marriage and says:

A necessary corollary to the legitimacy of incremental steps in addressing a new policy phenomenon is the legitimacy of maintaining the status quo while that phenomenon is considered – here, in the collective laboratories of the states, which are collectively closer to and have greater experience with issues concerning marriage and domestic relations, with full democratic debate. Thus, it is a “legitimate government interest” to “preserv[e] . . . the status quo” at the national level while long-term options are being evaluated.”


Update

,Some more of the rationale:

Congress could reasonably determine that, in light of this longstanding definition, it was appropriate to proceed with caution before altering under federal law – which applies to the nation as a whole – the definition of marriage that had historically been accepted in the states and the nation as a whole. ….It is permissible for Congress to proceed cautiously while the democratic processes play out among the states, whose collective judgment, Congress could reasonably conclude, would in turn be a sound basis on which to base federal law.


Update

,More:

Without DOMA, classifications based on marriage for purposes of federal law would depend on the outcome of the same-sex marriage debate in each state, with the meanings of the term under federal law potentially changing with changes in the status of same-sex marriage in a given state….Congress could reasonably have believed that these types of back-and-forth changes, some of them rapid, and the ongoing potential for such dramatic policy shifts, have the potential to cause inequities in the operation of federal programs, and could result in administrative difficulties across a variety of federal programs.


Update

,On the Tenth Amendment claim:

It may be true that the law of domestic relations has traditionally been reserved to the states – states traditionally decide who may marry, the dissolution of marriage, division of marital property, child custody, and the payment and amount of alimony or child support….However, Section 3 of DOMA in no way displaces any state laws in these areas, and leaves entirely unaffected Massachusetts’s interest in defining family relations under its own law within its own borders.…While the Constitution reserves various powers to the states, defining the meaning and scope of federal statutes is clearly not among them. Rather, as discussed above with respect to the Spending Clause, a federal statute’s meaning and terms are defined by Congress.


Update

,On why DOMA doesn’t violate the Spending Clause: “DOMA prescribes the terms and conditions of federally funded programs and federal tax schemes, so it is within the Spending Clause’s general grant of authority to Congress.”


Update

[/update]

Politics

WI Gov. Scott Walker Begs Illinoisans To ‘Escape To Wisconsin’ Where Taxes Are Actually Higher

Wisconsin’s new Republican Governor Scott Walker has rushed to make hay out of the Illinois Assembly’s decision to raise individual and corporate tax rates, urging Illinois residents and businesses to move to Wisconsin. But, ironically, Illinois residents who move to Wisconsin should bank on paying higher taxes.

Conservatives like Walker have insisted on using the figure that Illinois is increasing taxes by a whopping 66 percent. While this is factually accurate, it’s misleading as it makes the tax increase seem much bigger than it actually is. Illinois tax rates will only go from 3 to 5 percent (hence 66 percent increase), representing a total increase in tax rates of just 2 percent. This will allow Illinois to solve a massive $15 billion budget deficit without gutting state programs. But even with this increase, tax rates for individuals will still be lower than in Wisconsin. Wisconsin has different tax brackets; the lowest income rate if you make over $11,000 is 6.15 percent. The highest rate is 7.75 percent. Bloomberg noted this yesterday:

Absent from Walker’s sales pitch was the fact that Wisconsin’s top income tax rates remain higher than Illinois even under the increase … Walker hasn’t yet proposed lowering the state’s income or corporate tax rates.

But this didn’t stop Fox New host Neil Cavuto yesterday from insisting that Illinois is experiencing a “tax storm.” Nor did it stop Walker from calling on Illinois residents to “escape to Wisconsin”:

CAVUTO: That storm [blizzard in the northeast] is nothing compared to this one – a tax storm and in Illinois a big one. Democratic Governor Pat Quinn is set to sign a 66 percent hike in the state’s income tax… Governor, what do you make of this?

WALKER: Well I got a simple message… I pulled this out of the archives, we used to have this for tourism, its a bumper sticker that says “escape to Wisconsin.” And instead of sending it to tourists, we are going to send it to employers, because boy with their taxes going up through the roof we want them to come to Wisconsin…

Watch it:

Instead of following the responsible budgeting in Illinois, Walker is proposing to increase taxes on the working poor in Wisconsin by cutting the state’s earned income tax credit.

Education

GOP Endorses Exemption Allowing For-Profit Colleges To Suck Away Even More Taxpayer Money

Republicans have made little secret of the fact that they intend to use some of their new-found muscle in Congress to push back on attempts by the Obama administration and Senate Democrats to better regulate for-profit colleges. When asked if he would be of any assistance in regulating for-profit education outfits, House Education Committee Chairman John Kline (R-MN) replied, “I don’t think so.”

For-profit colleges are already doing quite well at the expense of taxpayers, while graduating less than half their students; just 11 percent of higher education students attend these schools, yet they receive 26 percent of total federal student aid (while accounting for 43 percent of total student loan defaults). They have also been accused of using questionable recruiting tactics, as well as leaving students buried in debt and with bleak job prospects. Executives at the schools are paid significantly more than their non-profit and public sector counterparts.

By law, for-profit schools aren’t allowed to receive more than 90 percent of their revenue from the federal government. However, as Bloomberg News reported, two of the bigger for-profit schools — the University of Phoenix and Corinthian College — have said they may violate this level next year, so they are asking Congress for an exemption. And the GOP seems happy to oblige:

The companies are lobbying Congress to strike down the revenue cap, called the 90/10 rule, or extend an exemption that would help them comply for the next fiscal year. Changing the rule will be the industry’s most important battle in Congress, said Jarrel Price, an analyst with Height Analytics in Washington. [...]

Minnesota Republican Representative John Kline, chairman of the House education committee, said he is “not thrilled” with the 90/10 rule. Job placement and student loan repayment rates are better indicators of program quality, he said. Senator Mike Enzi of Wyoming, the senior Republican on the Senate education committee, is also assessing the impact of the 90/10 rule, according to Craig Orfield, a spokesman.

In 1998, the 85/15 rule was turned into the 90/10 rule, and it didn’t result in for-profit colleges providing a better product to students. Of course, an exemption is warranted if there are extenuating circumstances, but to blow the cap off entirely would allow these schools to literally receive 100 percent of their revenue from the federal government, even as they lavish money on their executives and leave students with a questionable education. Sen. Tom Harkin (D-IA) said, “Given the abuses that my committee has documented — alarmingly high dropout rates and crushing debt loads for students — the 90/10 rule clearly isn’t enough.”

As it is, the GOP has already pledged fealty to corporate interests in the education arena, by pledging to revisit the student loan reform enacted in 2009 (and therefore reviving billions wasteful federal subsidies that were going to private student loan companies). This is just one more instance where the interests of business seem to come before the interests of students.

Yglesias

Endgame

If you don’t really care:

— Ah, counterinsurgency; it’s not a destroyed village it’s “A Time to Build”.

— Michael Chabon blogs and it’s good.

— I think the message here is that Estonia is screwed.

— Supreme Court Justices try to think like criminals.

— Every once in a while I like to link to an insightful Steve Sailer post just to stir the pot and make people mad.

Kanye West featuring an awful lot of folks, “So Appalled”.

Health

Tim Pawlenty Inadvertently Defends Health Reform Law In National Press Club Address

Former Minnesota governor and potential presidential candidate Tim Pawlenty (R) thought he was laying out a conservative vision of government and health reform during his speech at the National Press Club today, but he inadvertently made the case for the Affordable Care Act, which he would like to repeal. Watch it:

Let’s go through his claims one by one:

1) CLAIM 1– MORE TRANSPARENCY/KNOWLEDGE NEEDED: “If you have a system where people get to consume things without knowledge and responsibility about making wise choices about price and quality and the provider has no incentive other than to provide more volume of whatever is being consumed or given and the myth is the bill goes somewhere else and that it is all free, that is a system that I assure you is doomed to fail. That unfortunately is most of government, it is particularly most of health care system.”

FACT 1 — The new HealthCare.gov, which is probably the most successful element of the law thus far, allows families and individuals to compare plans in their geographic areas bases on price, quality, benefits — that’s the “knowledge” part. By 2014, consumers will enter more organized state-based exchanges — or new insurance marketplaces — where insures will have to offer a standard benefits package that are even easier to compare. Here comes “responsibility”: Americans will have to purchase an insurance policy to ensure that the bill does not “go somewhere else” or is shifted throughout the system. That pretty much busts the “myth” that “it is all free.”

2) CLAIM 2 — HEALTH COSTS ARE OUT OF CONTROL: “If you look at what’s driving much of government spending for cities, for school districts, for counties, for states, for the federal government, it is indeed the health care issues. It is driving budgets at a pace that exceeds almost everything else. And if we don’t solve this problem, really solve this problem, it will take down the country or at least impair it from within.”

FACT 2 — Health care costs are increasing government spending and the Affordable Care Act will slow the rate of growth for health spending. A September report from the Center for Medicare & Medicaid Services (CMS) found that while the government will spend more on care during the initial period of coverage expansion, once the cost savings and efficiencies kick in, costs will “decelerate.” Moreover, the actuaries predicted that as a result of these savings, Medicare spending will decline $86.4 billion from previous projections due to reforms. “Specifically, average annual Medicare spending growth is anticipated to be 1.4 percentage points slower for 2012–19 than we projected in February 2010. By 2019, it is projected to grow 7.7 percent—0.9 percentage point more slowly than we projected in February 2010,” the report concluded.

3) CLAIM 3 — PROVIDERS HELD ACCOUNTABLE FOR RESULTS: “We need to have systems where consumers, or at least purchasers are in charge. They have user-friendly information about price and quality. That the providers of the service have incentive to do more than just provide volume. That they have to be held accountable for better results and better health and that the money is in alignment in those goals.”

FACT 3 — For an example of “user-friendly” information click over to HealthCare.gov and see Fact 1. The law also addresses the complaint that our health care system rewards quantity over quality by establishing demonstration projects that experiment with different ways of paying providers so that they don’t have an incentive to over-prescribe services or medications. Specifically, it allows providers organized as accountable care organizations (ACOs) that voluntarily meet quality thresholds to share in the cost savings they achieve for the Medicare program and has created an Innovation Center to test, evaluate, and expand in Medicare, Medicaid, and CHIP different payment structures and methodologies to reduce program expenditures while maintaining or improving quality of care.

Pawlenty may wish to tweak some of these provisions to reflect his more conservative ideology, but he wants you to believe that reform doesn’t begin to address any of these concerns and instead gives everyone a free ride on the government’s dime.

Politics

Gohmert Warns Of ‘Reverting’ To Era Of Congressional Duels — While Pushing Bill To Arm Congressmen

The tragic shooting in Tucson last weekend has sparked a host of proposed legislative responses, but none is as hare brained as Rep. Louie Gohmert’s (R-TX) idea to allow members of Congress to pack heat inside the Capitol Building, and even when on the House floor. Appearing on WorldNetDaily’s Radio America today, Gohmert explained the need for his bill by falsely claiming that Washington, DC has a “gun ban” (the Roberts Supreme Court did away with DC’s handgun ban in 2008). But later on in the interview, apparently oblivious to the irony, Gohmert noted that there was a era when lawmakers solved problems with armed duels and warned, “we’ve come a long way since those days and we just don’t need to be reverting backwards”:

GOHMERT: Now, on the other end, more freedoms may be of assistance. Like, members of Congress, a number of people have said they walk home at night, they have no security that follows them home. And up here in Washington, DC, because there’s a gun ban, besides law enforcement, the only people who have guns here are the criminals! So we’re looking at a bill that would allow members of Congress to carry a weapon. [...]

But I’ll take you back a couple of hundred years when part of public life and part of public office was if you said something that offended somebody, there was going to be a duel and somebody was going to be killed! That’s what happened with Aaron Burr and Alexander Hamilton. So, we’ve come a long way since those days and we just don’t need to be reverting backwards.

Listen here:

How does Gohmert expect that members of Congress carrying guns will help avoid dueling? As CBS News notes, “In the 1830s through 1850s, members of Congress regularly wore weapons on the floor of the House and Senate — and sometimes used them to threaten colleagues.”

Yglesias

The Pace of Change

Reacting to a story about the friendship between Debbie Wasserman-Schultz, Gabrielle Giffords, and Kirsten Gillibrand, Shani Hilton observes:

It’s good that the women who are there have been able to support one another, but this is a reminder that women haven’t made many inroads in Congress — or the congressional leadership — in nearly a decade. The 2010 election saw the first drop in women in Congress since 1979, from 93 to 90. It was also the first year since 1979 that women did not increase their ranks. There are currently 72 women serving as representatives: that’s just over 16 percent of the 435 members. In the Senate, women fare a bit better, where 18 serve. The numbers have increased at a trickle, as Rutger’s Debbie Walsh told CNN: “We tend to go up a few every cycle, three or four, maybe five seats, but women don’t seem to be making any serious strides in terms of numbers.”

I see the tactical and strategic case for emphasizing the negative—the pace of positive social change should always be higher—but that actually strikes me as a pretty remarkable record of steady progress. What’s more, within the past ten years we also saw the first woman House Minority Leader and later speaker, we saw women head the DSCC and NRSC for the first time, etc.

Security

Where The GOP Presidential Hopefuls Who Won’t Be Speaking To Latinos Tomorrow Stand On Immigration

Over the past few weeks, several outlets have pointed to the notable absence of a number of Republican rock stars at an event hosted by the Hispanic Leadership Network that was “billed” as a forum for the 2012 Republican presidential field to speak directly to Latino voters. Former Massachusetts Gov. Mitt Romney (R) declined the invite, as did Sen. John Thune (R-SD), and Govs. Mitch Daniels (R-IN) and Rick Perry (R-TX). Newt Gingrich never committed, Rep. Mike Pence (R-IN) was never mentioned, and my guess is no one thought Sarah Palin (R) would even bother to come.

Since most of the Republicans who are most often mentioned as probable top contenders in next year’s election won’t be speaking at tomorrow’s event, it seems worth going over what they’ve had to say in the past about immigration — one of the Latino electorate’s top concerns:

PALIN: After Sen. John McCain (R-AZ) lost his presidential bid in 2008, Palin openly lamented that “we didn’t get the Hispanic vote—and that was very significant.” For a while, Palin kept her opinions on immigration to herself. Shortly after Arizona passed the toughest immigration law in Arizona, Palin declared, “I think every other state on the border should emulate what Arizona has done.” She indicated that after the border is secured, immigration reform can be considered. In the meantime though, “other states should do what Arizona is doing.”

ROMNEY: This past summer, Politico reported that Romney “signaled quietly to [Sen.] Graham that Republicans must address immigration before the campaign heats up.” Romney hasn’t said much publicly on immigration ,other than pointing out that Arizona’s immigration law was a response to the government’s inability to secure the border. “It is my hope that the law will be implemented with care and caution not to single out individuals based upon their ethnicity,” he added. “It is increasingly clear that the time has come for Washington to fulfill its responsibility for border security.” It’s unclear what position he’ll be taking this time around, but during the last presidential primaries Romney ran a bunch of nasty immigration ads.

GINGRICH: Gingrich had a lot to say about immigration last year. In December, he urged Congress to undertake immigration reform, stating, “There has to be some zone between deportation and amnesty.” At the time, Gingrich didn’t provide a lot of details about what that zone would look like. However, in 2009, Gingrich told Univision anchor Jorge Ramos that the best way to deal with the 12 million undocumented workers currently living in the U.S. would be to convince them to uproot their lives and go back to their home countries for an undetermined amount of time in exchange for a temporary guest-worker visa with no guarantee of legal permanent residency.

PENCE: In an interview with Right Side News in May, Pence stated, “I simply believe that some day down the road we can find an intersection between the rule of law and the deep compassion of the American people — but in the intervening years, what’s become clear to me is that we must focus on border security and internal enforcement first.” Pence also justified Arizona’s immigration law by falsely claiming that Phoenix is the kidnapping capital of the world and saying, “there’s nearly a half a million illegal immigrants and, and a rampant drug trade and, and, and human trafficking trade that’s been besetting.”

Former Gov. Tim Pawlenty (R-MN) is the one Republican 2012 presidential hopeful who will be speaking at tomorrow’s event. Today, Pawlenty touched on immigration briefly at a Press Club event, indicating that securing the border and making the electronic employment verification system — E-verify — should be “pre-requisites” to having a larger discussion on immigration which includes dealing with the undocumented population. Pawlenty compared “open and flagrant and sustained violations of [immigration] law” to allowing people to pee on sidewalks in New York City and how that led to “crack houses and the like.”

Watch it:

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