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Listen to the Doctor

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I think Dr. Howard Dean may be right.

If I were a senator, I would not vote for the current health-care bill. Any measure that expands private insurers' monopoly over health care and transfers millions of taxpayer dollars to private corporations is not real health-care reform. Real reform would insert competition into insurance markets, force insurers to cut unnecessary administrative expenses and spend health-care dollars caring for people. Real reform would significantly lower costs, improve the delivery of health care and give all Americans a meaningful choice of coverage. The current Senate bill accomplishes none of these.

Real health-care reform is supposed to eliminate discrimination based on preexisting conditions. But the legislation allows insurance companies to charge older Americans up to three times as much as younger Americans, pricing them out of coverage. The bill was supposed to give Americans choices about what kind of system they wanted to enroll in. Instead, it fines Americans if they do not sign up with an insurance company, which may take up to 30 percent of your premium dollars and spend it on CEO salaries -- in the range of $20 million a year -- and on return on equity for the company's shareholders. Few Americans will see any benefit until 2014, by which time premiums are likely to have doubled. In short, the winners in this bill are insurance companies; the American taxpayer is about to be fleeced with a bailout in a situation that dwarfs even what happened at AIG.


Go back to the house bill and use reconciliation to push it through the Senate with 54 votes.


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What are you afraid of?

You need to be some oracle to understand this bill is a joke and does nothing but enrich insurance companies?

And people wonder why there are 4 sides to every argument when those with a forum fail at every level to display even an ounce of integrity!

Please find other work if this fear condition is chronic.....................



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Rachel Maddow said it last summer: Without the public option, there is no reform. There is silly whitewash driven by corruption, an ugly spit-in-the-face delivered us from our government. Back to the House. Or our gutless, kiss-ass "leaders" can cram it...

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The republicans wanted to turn HCR into Obama's 'Waterloo'. And with the help of some Blue Dog Dems, who are only selfishly interested in keeping their positions of power in Washington, they might have. This bill is such a joke and will be so unpopular, especially with its mandates to buy insurance, it will promptly result in the republicans regaining power. After the voters put their trust in the democrats to 'do the right things, on behalf of the American people, by giving the D's the Executive Branch and super majorities in both the house and senate this piece of crap posing as reform is about to be passed. That is what the D's get for letting the R's craft legislation for them...unless the D's are down with the 'corporate America always comes first' agenda.

Yeah mandates on buying over priced health insurance in the marketplace and fines for not doing so is exactly the 'help' the American people envisioned when they put their trust in the D's to get America back on the right track.

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Agreed, but we shouldn't forget what the President said in his SOTU:

Don't worry, guys. The people won't find out what's in this bill until it goes into effect. That's not until 2013 (now, 2014), and we'll all be reelected by then!

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I am chalking it up to a slight chronological miscalculation on the triangulators part Ellen. Tsk, tsk, tsk...sloppy work on them. The 'far left' will be blamed for it though...which as I see here is already happening.

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"Real health-care reform is supposed to eliminate discrimination based on preexisting conditions"

It's my understanding that this is the kind of thing that could NOT be included if the recconciliation process was used. What is the problem with passing this bill for the advances it does make and using reconciliation as well?

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The Buy in and public options are dropped but general public must buy insurance from the private insurers or pay a fine.

They should drop this provision too.

Forcing people to buy insurance would lead to frauds.

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I agree with Howard Dean. These Senators like Rockefeller should be ashamed of themselves for even giving cover to the pres. on such a bad bill! It is not reform, and people will not see any changes for at five years!! If they do so at all!!

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The time to kill this bill in the Senate was the moment it cleared committee. If it is killed now, the political setback would be devastating. Howard is displaying a tin ear.

Pass the bill. The conference can beat out some of the kinks. Then what is left can pass via simple majority without the threat of fillibuster.

The problem is one of obstruction. The conference can only remove or modify pieces of legislation from the existing bills. It can not add new pieces... Like thermodynamics.

The longer the vote draws out and the Dems stab each other in public, the more pieces that are removed and the less the conference has to work with.

It is ridiculous to confuse the Senate plan with the final bill. Yet this is happening... Even from supposed experts like Dean. The same thing happened with the original finance committee bill.

There appears to be a fundamental ignorance of legislative process afoot. The sooner we move to conference, the better the final result.

Howard Dean is wrong and is appealing to baser natures. There is nothing specific or concrete in his criticisms. He is warning of impending DOOM without substance. His is an argument based on ethos. I smell politics... As the face of netroots, his sternly worded commentary could help embolden Lieberman into believing he has twisted the knife enough. Ultimately, Lieberman will not vote against health care... The key is to signal to him that his liberal enemies have tapped out.

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I'm willing to give Dr. Dean the benefit of his superior knowledge in the area but, you're right, there isn't anything so concrete in his criticisms that it seems something that has to be avoided at all costs. If it's even a pitiful, tiny step forward, it IS a step forward -- the first there has been relating to all citizens in decades (ever?) -- and it counts as a "win" not a "loss". That gives something to build on and even a little momentum is better than none.

Dean's advice is POISON politically --- "displaying a tin ear" says it wonderfully well.
He's not thinking ahead to the most probable effect that killing it now would have -- it would, as Biden says, mean that there will be *nothing* for a generation. At this juncture, why wouldn't one support the course taken by people like Rockefeller who know the health care area probably as well as Dean AND who understand the legislative process?


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I don't know...I can't find much of what Dean says that doesn't ring true. If Zipper's idea of passing it and then getting improvements via amendments would work, why has every change so far been pro-insurance industry and anti-humans? Every time something is given up (single-payer even before they started talking), that becomes the starting point, and then the blue-dogs and gopers insist on something else being deep-sixed. Remember, the Medicare buy-in was a consolation prize for giving up the Public Option. Once that was off the table, they pushed the reset button again and, no more buy-in.

The insurance companies have won. They have bought and paid for this victory. Why should we think the NEXT phase would reverse this trajectory.

Instead of people lambasting Howard Dean, who is at least saying what he thinks, why aren't they calling Lieberman out as the insurance whore that he is? I am confounded by this!

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I am not talking about amendments. Amendments added to the conference bill (amendments being additions to the house and senate version) would have to meet the 60 vote rule. I am talking about the conference rules. The final bill, the bill that would require a simple majority to pass, can be more like the house bill and less like the senate... And the simple majority means it doesn't need asshats like Nelson and Conrad to pass.

I am not impugning Dean... I am questioning the optics. He has to know about the legislative process.

Something is not adding up.

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I don't know about conference rules. Who would be in charge of that? How do you think we could go back over this already defeated territory? (This is not a rhetorical question; I am asking because I don't know enough about the process).

Do you really think that if this passes, and the bill goes into conference, they can add-back the things they've already ceded? I hope you're right, but I don't feel encouraged. I would love some reassurance on this, Zipper!!!!!

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Once it goes to conference, the chairs of the pertinent committees, like Dodd and Baucus, get together and marry the two versions into one final bill. The final bill can contain elements already in the two versions... Additions require votes on the floor.

So, in theory (if liberals can get their act together and stop confusing the Senate with all of Congress) we can pressure and arm twist the conference members to include the public option, rescind the Stupak amendment and put it on the floor of the legislature for an up or down vote.

This is why the house leaders are making noises about the public option: IT IS STILL ALIVE.

The key is to pass the crappy Senate bill with 60 and work on conference.

That is why I think Dean is providing breathing room by being the unreasonable voice of the netroots. If a final bill can contain tue basis for market competition, than this is a victory.

Like the Goblin King in Labyrinth, Lieberman has no power over us if we know how things work. He is trying to kill reform and keep the status quo. Those of us that are freaking out are playing into his hands.

Now is the time to strike!

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I hope you're right, but the lack of spine I've seen so far makes me feel very depressed.

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The problem is that if the public believes the public option is dead, they won't regret its absence in conference.

The perception that the Senate bill is the final bill and that the GOP can fillibuster anything has warped public opinion.

We are being gamed by the media, which includes liberal blogs. The horse race dialectic is obscuring the truth.

Call your Senators ad Reps and demand that healty care goes to conference and geta an up or down vote. Demand a Senate vote before Christmas. Don't kill what is still alive.

And if you don't see spine, look at Pelosi. She got a decent bill through the house and recognized that the Stupak amendment could be taken out. She took a risk and uas put her political life on the line.

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The perception that the Senate bill is the final bill and that the GOP can fillibuster anything has warped public opinion.

We are being gamed by the media, which includes liberal blogs. The horse race dialectic is obscuring the truth.

I get daily emails asking me to donate for this Progressive cause or that one. Informing the public is the responsibility of our party, and that is never the point of the emails. It is "defeat this," or "that." I have given enough money and I will not give any more. Our party should have treated this issue as a campaign to be won. Instead, they just reacted to all the shit thrown out there by anyone, including Joe L, who is rewarded over and over for his obstructionism to our ideals.

If we are being "gamed" by the media it is our own fault. The same enthusiasm that went into electing Obama could have been harnessed if our ideals were being pushed instead of humbly suggested to the minority, whom we constantly defer to.

This is so far a lost opportunity. It is time to step up to the plate.

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The house bill. The house version of HCR is much more palatable and did not acquiesce nearly as much to conservative pressure. It is out there, the progressive half of the future, but when it comes to the media it does not exist. Instead, it is the drama and vote of the moment.

When information is taken piecemeal, it appears like we are getting screwed. But Nancy worked wonders and passed a decent bill. The Senate needs to pass their garbage and then the gamesmanship can assume its final stage... In his case the house has more power because they have the votes to refuse a bill without a public option. The simple majority neuters the blue dogs.

Why isn't anyone discussing the conference? Why are we talking in good guy bad guy cliche circles?

Why are so many of us supposedly smart lefties acting like it's all over and Obama screwed us? It is as if we want to helieve the worst in order to let it burn.

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I can't think why you would think they will get their act together. All the forces that have gotten them to this point remain.

They will NOT fix anything in conference. The only hope we have is if they opt for reconciliation as Dr. Dean suggests (which they won't).

The existing bill has nothing in it that provides any counterweight to the insurance companies. It forces people like me into some kind of conscientious objector status - I believe with all my heart that these companies are morally repugnant and I resent, extremely, being either forced to pay them, or forced to pay a fine and go uninsured. I'm uninsured now and was thrilled at the possiblity of a PO.

In addition, in the absence of any competition, what we have is a system where the government has agreed to simply pay the freight for those who can't afford it, with nothing stopping the premiums from going up, up and up. And, since the subsidies are provided to those in need - the subsidies become the kind of entitlement that routinely get's booted around by politicians, always anxious to demonize those feeding at the public trough (except for big business). Instead of Medicare or SS (which benefits everyone), both extremely popular, we get a new version of welfare, where people may used as future scapegoats. And when subsidies get cut, what then?

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You are talking about the Senate bill.

Conference merges the two bills in a manner that will pass a simple majority in both legislative bodies.

It isn't a matter of getting their act together. The house has done its job. The house has also indicated that a final bill must include a PO in order to pass. The Senate has issued no such warning.

That is my reading of the tea leaves. I would rather fight for what can be done than bemoan what hasn't happened yet.

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I can only think Dean is setting himself to fall on his sword for the netroots. He has to know that the bill can hew close to the house version via conference with an up or down vote as the final.

The Senate is a mandatory tithe to for-profit insurers. But the house bill has the public option.

Lobhy for the house bill sans Stupak's misogynistic amendment and get 50 Senators plus Biden to bring it home. Expand Medicare via reconciliation.

Talk strategy, not obstruction. Dems should not be talking obstruction... I can only think that Dean is being sacrificed as the target liberal in order to burnish centrist cred for the final bill. It must be designed to disarm Lieberman and the teabaggers.

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You think Dean is being sacrificed as a part of the plan? The White House has dissed Howard Dean from day one. He and Rahm have some unfinished business. Dean should have been Chief of Staff if Obama's biggest goal was health care reform; since Emmanuel (whose biggest goal is NOT health care reform) got it, Dean should have been Surgeon General.

I don't think for a minute that Howard Dean is part of the chess game you describe; I think he is being hung out to dry as are the uninsured populace.

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Well, revenge is sweet, just ask Joe.

Dean 2012.

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Jon - If you read the proposed bill itself instead of relying on Howard Dean, you would appreciate the substantial advances it will promote toward an eventual goal of high quality, affordable healthcare for all Americans. It doesn't go all the way there, but takes a large step in that direction.

One problem has been the obsession on the part of both the left and right with the public option. I see this as reflecting that option's symbolic import, but in truth, the public option was never central to healthcare reform, and its omission, while regrettable, does not seriously detract from the value of what remains in the legislation.

To understand that value, however, requires one to become familiar with the details of the U.S. healthcare system, the variety of systems that operate elsewhere, and then the details within the legislative proposal itself. Once that is accomplished, it will supercede ideology in demonstrating the importance of what is very likely to pass, and without which, the nation would be doomed to much in the way of avoidable illness, death, and economic hardship.

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But you do think the mandate is essential. The mandate and the public option really go together though. The government can't require people to buy products from for-profit companies (and this law basically does that since it means that if your employer offers you health care from a private company you can no longer opt out).

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Destor - You're raising a constitutional question that constitutional scholars in general seem to believe will not derail the legislation. The courts may need to decide this, but in the meantime, I'll defer to their opinion.

In terms of precedent, we the taxpayers are asked to buy items from for-profit companies all the time. Your tax dollars and mine have regularly been used to buy jet aircraft, national park equipment, and medical research supplies from companies, and without our even knowing that what we were buying was something we wanted, or getting to choose which model to purchase. At least with the healthcare mandate, the purchase will be more direct, and so we can choose the plan we want rather than have the government announce that they had already bought it for us without bothering to inform us. (The less direct alternative, more akin to the jet aircraft, would be to tax us, buy a bunch of healthcare plans from private insurers, and then send us a card we can give a physician to charge the insurer for services. Well, actually, that's what happens with Medicare)

The constitution obliges Congress to "provide for the general welfare", and as long as that is perceived as a legitimate goal (whether or not someone agrees with it), I think a mandate would be likely to pass constitutional muster. But what do I know?

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I don't think you should use any old federal procurement as the standard here, even if it would hold up in court. At least with federal procurements there are rules. There's a bidding process. There's transparency.

In this case, if you're one of the many people who gets insurance through work there's no procurement process. At least under exisiting law if you think your work plan sucks you can refuse it. Now you can't even do that!

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Fred, paying $1000 or more a month for a family health care plan to a private for profit health insurer that does the beck and call for fatcat Wall Street investors is not comparable to paying for National Park equipment.

Its more like forcing serfs to pay to farm a small garden to feed their family on the estate of a land baron, both food and health care are essential to life, National Park equipment is not.

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Paying for a healthcare plan (with subsidies if your income is at the lower end) transfers money to the insurer and transfers an insurance policy to you. The proposed reforms require the policy to cover essential medical services.

Most healthcare experts, including those on the liberal side, conclude that the basic principles are not only justifiable but essential, and quibble about some of the specifics. The mandate is not one of the items in question - it's necessary for a reform that will extend coverage to more than 30 million Americans who now lack it, and is likely to save thousands of lives over the next decade.

One can disapprove of the behavior of private insurance companies while at the same time recognizing that when more people have insurance policies, both they and the insurers benefit. This does not mean that future improvements might not benefit subscribers through tighter insurance regulation and competitive pressure on their revenues, but the benefits to subscribers already inherent in the reform packages shouldn't be sacrificed because something even better might be achievable later. Judged on the merits of what is already proposed, those benefits are substantial.

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No, we can't choose the plan we want. I want to buy into Medicare right now. I can't. This bill forces me to pay a company I consider to be immoral in the extreme.

Furthermore, unlike, say a car, where I can choose to buy a rustbucket that runs, saving myself money but still getting me where I need to go, or I can take the bus and not buy a car at all, with HC I will HAVE to buy something to live, and I will have no ability to affect pricing. The companies will determine the floor because there will be no other avenue. No competition.

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You would have more choice of healthcare plans than you do over the jet aircraft you're buying from Lockheed, which you might not have even realized you wanted.

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?????? Now, THAT is something we can all relate to. Because we all buy jets personally, which makes your comment unrelated to the situation.

Oh, and BTW, in choosing health care plans there is very little choice. How many people are savvy enough to understand the differences between policies? When an insurance company says they will cover 100% of covered services, most people (because they are normal, sentient beings) think that means they cover things 100%. You and I know that is not true. How can people compete against this adversarial insurance industry that has spend decades figuring out how to dupe people and get away with murder?

As long as we have insurance for profit we will continue to go spiraling down-hill; and until our bought-and-paid-for Congress gets a conscience, there is no end in sight.

They want to decrease medical expenses? Get rid of the insurance industry. I know you will say I am wrong, but you are wrong Fred. Their profit margin is fake, because their bloated salaries, bonuses and fringe benefits are BEFORE profits. When people make millions, and it is subtracted from the bottom line, it is really easy to come up with a fake 2% profit.

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CVille - I addressed your points about insurer profits below in response to John McDonald - the quantitative data indicate they are a minor part of the problem. Most cost excess lies outside of the insurance industry, and would continue to grow unless healthcare itself is reformed, even if all insurance were public and non-profit.

I think your point about choice, value, and consumer information is valid, but the reform packages address these concerns in detail. They specify essential benefits and the extent to which insurers must cover them, and they provide feedback mechanisms to inform the public via the Internet how insurers are performing regarding both cost and quality, so that the public can make informed choices. This is designed to rectify exactly the problems you identify.

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If you agree with Dr. Dean, then Nate Silver has this challenge for you:
20 Questions for Bill Killers.

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Defeating this bill would not defeat health care reform; this is a process. The House Bill is still sitting there. This all-or-nothing is not accurate. As to the question about the turn-out in 2010, if everyone is forced to buy insurance and they don't see an improvement (which insurance companies have no incentive to provide) they will turn out all right.

If, on the other hand, 50 year olds who currently are uninsurable because they have had the bad luck to be sick in their lives; could buy in to Medicare -- they would be there in November 2010.

It is an outrage that a waste of skin like Lieberman has this level of control. I don't know why he hasn't been told: "you can vote for or against this bill, but if you vote for filibuster you will be stripped of all your committees and you will just be one of a hundred. Why does he not care? Because he has nothing to lose, as it is now.

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The House bill is a nonstarter.

I agree that this is all a process, but that process has to start now, even if the result is a weak bill. Something has to get in the door. As LBJ appreciated, it's easier to amend a weak bill later on than to restart the whole process with a new bill.

The next Congress is going to be more conservative and even less friendly to genuine reform, so if nothing is passed soon in this Congress, then nothing is going to be passed for many years.

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Nor will the next congress be predisposed to pull any of the triggers that are in the bill about to be passed...which makes it an even more impotent legisaltion than it already appears to be Jay. That is why it is so very important to get it right now. Improvements to it will not be made in the future. In fact like medicade and SS the R's will immediately start trying to undo anything good it brings about.

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No public option

recission is still allowed

there are loopholes to allow denying pre-existing conditions

there are still caps

2 exchanges for every state

taxing plans in hopes that people will buy plans that cover less

nothing in the bill to ensure any savings found are passed on to consumers

the promise of premiums rising from the industry it self


Kill the Mandate!

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Rescission is not still alllowed. It's prohibited, except for fraud.

There are no loopholes for preexisting conditions.

There are not (necessarily) two exchanges for every state.

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They use "fraud" now for rescission. Fraud has been alleged for things like forgetting to report procedures, illnesses etc. you may have had 20 years ago.

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you are wrong, sir.

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Wrong about what? Please quote the relevant section.

Regarding rescissions, they are prohibited except as described below:

‘‘A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not rescind such plan or coverage with respect to an enrollee once the enrollee is covered under such plan or coverage involved, except that this section shall not apply to a covered individual who has performed an act or practice that constitutes fraud or makes an intentional misrepresentation of material fact as prohibited by the terms of the plan or coverage. Such plan or coverage may not be cancelled except with prior notice to the enrollee, and only as permitted under section 2702(c) or 2742(b)."

The critical change here from current insurer practices is the requirement that a fraud or misreprentation must be "intentional", which has not previously been the case. One has to be reasonable here - intentional fraud does exist, and so some protections against it are warranted. It will be up to regulatory agencies to ensure that the "intentional" criterion is strictly enforced.

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though we've done this before, and yet you remain willfully ignorant, I'll lay it out one more time:

recission was outlawed through HIPAA, years ago.

Enforcement is set up through the states, and the feds set guideleines, but will step in. The states don't enforce it, and the feds never step in according to govt testimony during a hearings for HCR.

So if you like the way recission is all ready solved, good news, more of the same.

There is an article from the washington post that quotes Paul Precht, director of policy at the Medicare Rights Center, where he offers ways the industry will still be able to cherry pick customers over those with pre=existing conditions:


http://www.washingtonpost.com/wp-dyn/content/article/2009/10/03/AR2009100302483_pf.html

Lastly, remember Wendell Potter, who would know, called the Baucus bill, "The Insurance Industry Profit Protection and Enhancement Act". And as many have pointed out, that is what the Senate has moved back to.

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http://www.washingtonpost.com/wp-dyn/content/article/2009/11/29/AR2009112902425.html


Even with those rules in place, "there's no power to really hold the insurance companies accountable," said consumer advocate Betty Ahrens, executive director of the Iowa Citizen Action Network. "It's toothless."

...

A 1996 federal law called HIPAA, the Health Insurance Portability and Accountability Act, prohibited rescissions unless consumers defrauded the insurer or deliberately misrepresented their medical condition. But the federal agency responsible "has done nothing to enforce those rights or to ensure that states do so," Rep. Henry A. Waxman (D-Calif.) said in a hearing last year.

An official testifying for the agency, Abby L. Block, confirmed that it had taken no enforcement action. She said her hands were tied unless it appeared that a state was not "substantially enforcing" the federal requirements.

Despite the HIPAA standard, most states have allowed rescissions even if policyholders' misrepresentations were accidental, the staff of the House Energy and Commerce Committee reported this year.

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You misunderstand HIPAA, Indie Pro. Its rescission prohibition only applied to carryover insurance, not the vast majority of enrollees. The current plans, for the first time, prohibit rescission across the board. That prohibition was motivated by much congressional testimony by subscribers who were subjected to rescissions for minor careless oversights, and which were NOT prohibited by law. Frustrated by the lack of legal protection in the past, the reforms now outlaw that practice.

If your point is that the new laws should be enforced, that's true, but it's up to the HHS Secretary and other administrators to ensure enforcement. The legislative proposals have done their job.

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you misunderstand the point. The enforcement mechanism is the same. The language is the same.

People with actual standing in healthcare see it, as they state in the articles I linked, but you don't. People should judge the two as they wish.

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To be more specific, HIPAA guarantees the right of subscribers to renew insurance. It prohibits insurers from using rescission to circumvent the renewal requirement, and has nothing to do with the large majority of individuals already enrolled in a plan, but who have been subjected to rescissions by insurers reluctant to pay for an expensive medical service, and who used their rescission prerogatives to deny claims for services already provided - e.g., an expensive cancer treatment that was retroactively denied coverage because of a minor error in medical history provided by the subscriber years earlier.

The rescission prohibitions in the proposed reforms are the first to apply to all insured individuals in all circumstances.

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and you continue on your way to mislead people.

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Once again, here's the loophole companies will exploit to exclude those with "pre-existing" conditions:

Former CIGNA executive Wendell Potter on Keith Olbermann's show tonight:

"With pre-existing conditions that would be outlawed. But the way that the insurance companies will get around that will be, they would be enabled to charge people who have certain "health factors," as it's called in this bill, up to 50% more, if you've got high blood pressure, or high cholesterol really. So that is just one way to get around doing that."

http://www.americablog.com/2009/12/insurance-companies-can-charge-you-up.html

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How many times have actual members of Congress have been quoted saying they would not vote for a bill like this and then when it came time to put or shut up - they shut up and voted? Plenty and they were even more Left than Howard Dean. I don't buy if I were a senator crap. If he was, he would be posting here trying to sell it.

And forgive me if I'm not reading his statement correctly, but the things Dean Howard mentioned, weren't those true PRIOR to the PO/Medicare being dropped? Why not call for killing the bill then?

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All I can say is "Damn Straight Dr. Dean"

C

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Agree, Who can point out one single thing Howard Dean has said that is inaccurate? On the other hand, who can point out one thing that the lying slime-ball Lieberman has said that IS accurate?

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He is not lobbying for the house bill. That is either misleading or devious.

Lieberman is a shit stain. Howard is an ethical and honorable man... But something is up.

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I think you're right. Something is up. Will it ever see the light of day?

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But you didn't point anything out that was inaccurate.

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He conflates the fines with executive salary in a confusing manner. Nothing inaccurate, just pessimistic and misleading... Plus it pretends that the Senate bill reflects the final vision of American health care. I don't get it.

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Who can point out one single thing Howard Dean has said that is inaccurate?

He has been quoted as saying the bill fails to prohibit exclusion for preexisting conditions. That's false - they're excluded in section 2704.

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The exclusion is prohibited in section 2704.

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My understanding of 2704 is that pre-existing conditions can't be excluded, but there is no limit on what can be charged to cover someone who HAS a pre-existing condition. How is that different than what we have now? Most people by the age of 50 have had a back problem or two; often a blood pressure problem from time to time; maybe even an operation. Heaven forbid they ever went on an antidepressant, or broke a bone.

Yes, you can be covered, even now. The premiums are so high that you can't afford them but you can be "covered." And now if the policies have to be below a certain premium, then what will go up? Co-Pays? Deductibles? Or a list of things just simply not covered. Having dealt with insurance companies for several decades and having the bad luck to be insuring my self for a while (with a $5,000 deductible with $7,000 a year in premiums) -- the insurance company never paid a penny because after taking my thousands I was never able to structure my bills to get above the $5,000 in the right time-frame.

This a capitulation to the insurance industry. But let's face it. They paid for it. Our senators are bought and paid for. We got what we deserved, I guess.

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Cost discrimnation based on pre-existing conditions is prohibited. There are some small differentials permitted for certain lifestyle factors, but the most conspicuous exception is the "preexisting condition" of age, which will allow insurers to charge more for older subscribers than younger ones. There are arguments both for and against this, and I would prefer less of a differential, but it appears to be a political necessity. It has been a provision of both House and Senate bills for the many months they've been out there.

Otherswise, insurers are forbidden from choosing their own criteria and using them to charge differentially.

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Real health-care reform is supposed to eliminate discrimination based on preexisting conditions. But the legislation allows insurance companies to charge older Americans up to three times as much as younger Americans, pricing them out of coverage.

Here is the money quote. And with all the people that suffer from hypertension and type 2 Diabetes there are millions of Americans who will get anally raped by insurance companies under this 'reform'.

And being in this boat I cannot pay $1,000-$2,000 per month for insurance. I was priced out of the market because of my conditions for much less than that. If I was 'forced' to get back in the health insurance market I will have no choice but to file for bankruptcy...which will cause me to lose the small struggling retail business, struggling because of the economy...it was fine up until the economy went south, I own. So I will not buy insurance even if mandated to and will face the fine which I will not pay. They can send me to jail or maybe debtors prison for not paying the corporations their extortion money.

This is reform? This is getting America back on the right track?

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I don't think you get it, Lib. The insurance companies spent a lot of money trying to make it against the law for you not to give them money. If they don't get money back from that, it's like they've been robbed!

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Good point as always destor. But in the end thy, the almighty corporations, will be done...

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The bill eliminates refusing a client based on pre-existing conditions, but not for pre-potential conditions due to lifestyle, job history or risk profile. This could be summarized in a new insurance standard I wrote, The EF/YOU standard.

Item 5, Page 432 Explanation of Benefits Manual The Larson E. Steel Insurance Co.: EF/YOU = estimated future yearly outlays unapproved

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Wow. So lifestyle? Like if you smoked cigarettes in college? Or pot? Or if you drink like a European or if you like a little bacon in your low fat yogurt?

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The bill does not permit exclusions for lifestyle.

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The bill mentions pre-existing conditions cannot be used to exclude people, it does not mention exclusions for lifestyle, credit worthiness, or other variables, if there is a way to drop people they will find a way, its money in their pocket.

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Exclusions for those lifestyle factors is prohibited. The only unfair exclusion I'm aware of is for undocumented alien status.

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How about excluding them by making it unaffordable?

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What about family history? A very important reason that I, and the MILLIONS of people with the same conditions as me, have what I have is that I genetically inherited them. Chances are we would develop the conditions regardless of 'lifestyle'.

I am not buying into this argument that people with these conditions should have to be excluded or pay MUCH more because 'they brought it on themselves'.

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There are no exclusions or discriminatory rates permissible based on family history.

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OK Fred...well we'll see what form that it akes in the final bill and the corresponding 'fine print' that accompanies it. And more importantly if it does how strongly it will be enforced on an industry that always gets it way. I see health care stocks went through the roof today...hmmmmmmmmmm.

Are you telling me to have faith that everything will work out? I have more faith that there actually is a God, which is far from certain, than I do that this will work out to be anything but a massive corporate giveaway containing many guidelines/rules that will be ignored or not enforced.

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I agree that enforcement and oversight will be important. I don't think we can fault the bills themselves for designing standards that need to be enforced. That will be the responsibility of the Secretary of HHS and other officials at the federal and state levels, and will require frequent monitoring by the public.

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Libertine, you seem to have no faith in government regulators forcing insurance companies to follow the law. Yet you seem to have great faith in a government run insurance company (i.e. public option) behaving more responsibly. Isn't this a contradiction?

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No, I don't see it as a contradiction at all OhioGuy. I look at the way the federal government 'regulates' things...like investment banks and corporations, and have little faith in their endeavors in matters of oversight. Then I look at how well government run plans like medicare are run, with almost all the money going for care, and I have much more faith government doing it right. They are far from perfect on that count but judging them against how private industry allocates/uses health care dollars I have MUCH more faith in our government.

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I'll go a step further OhioGuy. Why do we even need health insurance companies to begin with? What in the process of delivering actual health care to individuals do they bring to the table? Nada, nil, zilch. Rep. Anthony Weiner asks the same question on every cable channel from MSNBC to Fox...and nobody, including the people at Fox, can dispute his claim that health insurance companies add nothing to the product of health care which we purchase.

Single payer, government run health care should be the way we go...there is absolutely no need for health insurance companies.

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Hypertension, diabetes, or other preexisting conditions can't be used to exclude subscribers or charge discriminatory rates. Age can be used to charge higher premiums (up to a 2/1 ratio in the House and 3/1 in the Senate bill), but the subsidies are designed to make those premiums affordable to individuals in the lower income categories.

The subsidies should be higher, in my view, but are still sufficient to avert bankruptcies.

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OK! I'VE FIGURED OUT THE ANSWER:

GIVE THE INSURANCE MAFIA WHATEVER THEY WANT SO THEY WON'T NUKE US, AND THEN MAKE EVERYONE PAY OUT OF POCKET FOR EVERY CENT OF THEIR MEDICAL CARE!

That is where we are going, and as an old friend once said to me, "If you keep going in the same direction, you will end up where you're headed."

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There is one thing for sure, and that's the truth!

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You have not gotten your talking points! We're doing "incremental change".

That's a little dance that goes 12 steps right and 1 step left, repeat for 40 years.

Big smile now. Keep dancing.

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At least get your numbers straight. Insurance company profits are only a tiny part of the premiums we pay.

That's why there's no credibility to this "movement" any more. No one even tries to resort to the facts.

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Yes, profits have consistently run at about 3-4 percent of premiums, which comes out to somewhat less than 2 percent of overall U.S. healthcare expenditures. Private insurer administrative overhead amounts to about 7 percent of U.S. healthcare costs, and if reduced, would save some premium costs, but not much. Most cost excess resides within healthcare itself - hospitals, physicians, equipment, etc. - and the bill takes modest steps toward constraining those costs.

The problem with these misconceptions, as I see it, as that they are based on the legitimate perception that insurers are greedy and are indifferent to the health of their subscribers. The fact that the perception is correct does not translate into the conclusion that the insurer revenues are a major part of America's healthcare challenge. They're a minor part, and obsessing about them distracts from far larger challenges that the reform packages propose to fix.

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If only some one could come up with an idea that could handle all of these problems: both the costs inherent in the delivery and practice of medicine itself and the additional costs added to that by for-profit health insurers... But I guess it's an entirely unsolvable problem because nobody in the whole world has come up with an idea that would work.

One idea, of course, would be to create a big publicly run insurance option that would provide any American citizen with good health care for a reasonable tax unless they opted out and found a better private plan. That would it seems, give the American people the purchasing power they'd need to bring costs down from providers and it'd give the for-profit insurers some real competition that would help them innovate or die.

Since we can't have that let's just give in on cost control and tell ourselves that out-sized insurance company profits are fine because they don't really amount to much anyway.

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Destor - the challenge you cite is formidable, but the proposed reforms are making a noble effort to address it. That includes attempts to restructure healthcare to replace some fee for service practices with more efficient mechanisms - accountable care organizations (ACOs), "medical homes", and other bundled payment arrangements, as well as penalties and incentives related to unnecessary hospital readmissions or excessive use of tests or procedures. Also incentives to encourage primary care medicine as opposed to specialty referrals, comparative effectiveness research to provide guidance to practioners to help them retain procedures and tests that work while avoiding those that don't or are even dangerous - and many more efforts as well.

Here, Medicare will be the pioneer, but to the extent that better care for lower cost is achievable, it will spread to the non-Medicare population simply because of cost competition. In that sense, it's worth noting that Medicare is a far larger and powerful "public option" than the one that's being dropped. Once the reform packages passes, it will be up to Medicare to fulfill its responsibility with the tools the new legislation has handed it.

Regarding "the whole world" (your phrase), and good ideas from elsewhere, most democracies already implement some of these reforms as well as the principle of universally mandated coverage. We're now struggling to keep u.

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Oh, yes, you have "addressed this issue" many times. Unfortunately you are wrong as usual. If Insurance executives make millions and there are other millions that go into advertising, etc, etc BEFORE profits, then it is easy to only make a 3% profit.

Any high school senior who is a dishonest, future mafioso could come up with the same scheme.

Health care dollars should be spent on health care: rather than ---the profit, high salaries and bonuses; advertisements; layers and layers of bureaucrats whose only job is to figure out how to deny coverage; insurance agents; paper work; doctors' office employees whose only job is to jump through the insurance company hurdles;---well, eliminate all that, and you cannot tell me that it comes to 2 - 3% and expect me to believe you.

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As I mentioned above, CVille, total insurer overhead (profits, administrative costs like advertising, marketing and the like, CEO salaries, bonuses, etc.) constitute only about 7 percent of overall U.S. healthcare expenditures. They can be squeezed somewhat, but not eliminated entirely, and the cost savings will be meager. The bulk of the excess cost by far resides within healthcare itself.

Other major democracies all do better than we do, but include systems that are publicly funded, those with public/private mixtures, and those covered exclusively by private for-profit insurers (e.g., The Netherlands). They all involve strict regulations and universal coverage, and they all perform about equally well. Criticizing the insurance industry for unfair practices (exclusion for preexisting conditions, inadequate benefits, excessive copays, etc.) is legitimate, but demonizing them as the source of most cost excess simply misidentifies the real sources. Fortunately, the proposed reforms address both the unfair practices within insurance and the cost excesses within healthcare.

For some additional cost breakdowns in the U.S. and elsewhere, see

http://www.oecd.org/dataoecd/5/34/43800977.pdf

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My Gawd, Senator Mary vs Howard Dean on Hardball. When Mary is selling this bill you KNOW it's got to be bad.

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In fairness to Howard Dean, it's important to acknowledge that he is NOT suggesting that the current reform effort be scrapped, and in fact insists that we should try to improve the bills rather than give up, and that the House bill rather than the Senate version is the better model. I'm not sure his suggestions re reconciliation are practical, but he would have a right to protest if anyone quotes him selectively to imply he wants to kill the legislation and start over at a later date.

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This is to simple.
First fix Medicare, Pres. Obama said that he will save billions and use this money to cover the uninsured.
Well get it on, Mr. President.
Don't raise taxs for 4 years then start to cover these people. If you are serious and care about the uninsured, go to work on one thing and do it right.
Do not let the Wild Hog Congress near the money, their history of Fanney and Freddy tell the story.

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No Chance. There is no credibility to the reduced costs. Only the increased taxes and requirements for the young (and poor) to subsidize the old (and wealthy). If the plan could reduce costs, they would put those in place FIRST, demonstrate success, then expand coverage. But instead it is the opposite -- taxes first, no pre-existing conditions second, required insurance for all third, savings from "the magic commission" so congress never has to make a hard decision, number 99.

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The whole point of any health "reform" bill coming out of Congress and to be signed by the President is to make certain that huge cash donations continue to be forthcoming from the insurance and pharmaceutical monopolies to Democratic Candidates, from the President, through Congress and to anyone else who is up for sale.

This President has turned out to be a complete disaster: a liar and a toadie to the big money interests so well represented in The White House by Mssrs Emanuel, Geithner and Summers.

The difference between an Obama administration and a Bush administration now seems to be only a matter of degree.

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Five reasons Dean is right:

1. If this bill passes, Congress and the White House will learn all the wrong lessons. They will conclude that you can always play ball with the big lobbies, knuckle under to all the major industry pressure tactics, and still pass some crappy and mediocre bill that allows you to declare victory, fool most of the people most of the time, and then wash your hands of the issue for another decade.

2. This bill does nothing serious to address the cost issue. It is going to raise health care costs on millions of middle class Americans who already have insurance, and Democrats will get the blame for it. We’ll be seeing news stories for years to come about insurance folks rolling in piles of Obama-cash as they make fortunes writing all the new policies the government is going to be forcing their way, while most of the rest of us end up no better off than before. The takeaway message will be, “Healthsource and Aetna got insurance company welfare; hospitals, drug-makers and suppliers got more patients and more business; but I got higher premiums and deductibles to foot the bill for the formerly uninsured, in the face of still-soaring costs.”

3. It is mistaken to think this bill will be a “starter home” that Congress will then get to work on fixing up and trading upward in the months and years to come. The bill will create an even stronger private health care special interest lobby than already exists, one that will get to work immediately with their government sponsored cash windfall, lobbying to shut the door forever on progressive health care.

4. The argument of the day seems to be that any time you have the option of passing something that makes things marginally better, and passing nothing at all, passing the marginal improvement bill is better. But that’s not the way legislation works. Every time a major piece of legislation is passed, a tremendous amount of political and legislative capital is expended on getting he bill done. Deals are made; secret understandings are inked with invisible blood; interests are paid off; bureaucracies are created; bargains are made with donors. You don't get more than one shot.

5. Obama made a point of setting himself up to be the “last president” to deal with health care. Once this bill passes, the national Democratic Party and its wealthy donors will pat themselves on the back, say, “Damn, I’m glad that’s over!”, and run off to some more pleasant and less politically demanding issue. Health care reform will be done and dead for a generation.

I remember a televised interview I once saw with a young ballplayer who learned his business from his Hall of Famer teammate Frank Robinson. Robinson, whose arm had grown old and sore, told the young player that he only had one good throw in his arm per game, so he saved it for a meaningful play. He didn't try to throw a guy out going first-to-third in the second inning. he waited. Democrats don't have many strong throws in their arm. We shouldn't waste one on this bill.

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Dan - I believe your unfamiliarity with U.S. healthcare is misleading you. Far from marginal improvements, the bill, even without a public option, undertakes major cost reduction measures that I've outlined in some detail above. It also provides a very solid foundation for future improvements, and in the meantime is likely to save many thousands of lives simply as a result of extended coverage.

Of all the liberal analysts I've read who are also healthcare experts (Ezra Klein, Maggie Mahar, David Hacker, etc.), each finds much to criticize but none advocates scrapping the legislation and starting over. Even Howard Dean does not want to scrap the legislation, according to his WaPo statement.

I believe the reason these individuals are intent on passing the best bill available is simply that they realize their voices have impact, and that realization imposes on them a sense of responsibility to put the public interest ahead of personal pique directed against people they disapprove of. It deprives them of the luxury enjoyed by bloggers like most of us, who can make rash statements secure in the knowledge that if we turn out to be wrong, few will be harmed. Even if we don't carry the same weight, though, I'd like to try for the same level of responsibility.

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I'm not piqued, Fred. And I'm not "mad as hell". I am calmly energized. I was mightily piqued in November and December of 2008, when Obama chose his cabinet. That's when I underwent my "betrayal experience". Now I'm just fighting for what appears to me the best achievable outcome. And my judgment isn't rash. I have been following this issue closely for several months, and only in the last couple of days decided to come out against passing the bill.

Appeals to authority don't move me much, especially authorities like Ezra Klein, whose politics I have never shared. Hacker and Mahar carry more weight with me as policy analysts. But the issue is now not just a policy issue; it is a question of strategic political judgment. And the recommendation of health care policy wonks is not necessarily more politically savvy than the views of people like you and me. I believe that the long-term politics of the progressive health care agenda come down on the side of killing the bill.

I also believe we have reached the point where unless the Obama team experiences a bitter and frightening political setback, and pays a price for their contemptuous treatment of the left majority of their party, their dismissive and mercenary centrism will remain fixed and incorrigible. That's not pique; it's just a willingness to do what has to be done. The Democratic Party is carrying a lot of dead wood from the Clinton era that needs to be cleaned out. Obama needs a Saturday Night Massacre in his administration. Only the wages of failure will set the heads to rolling.

Yes, there is risk involved in pursuing this strategy. But in my view, the excessive risk-aversion and timidity of Democrats, their easy susceptibility to intimidation, and their unwillingness to engage in any form of political brinkmanship, is part of the reason for their sad record of almost-continuous retreat and failure in recent decades.

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Dan - Rather than appeal to authority, I appeal to you to use your considerable intelligence to learn more about American healthcare, its challenges, and the provisions in the reform packages that address those challenges. What I find fault with is not your logic, but your basic premise that the proposed reforms are inadequate. They're not. Or rather, their inadequacies are minor compared with their very substantial virtues. I've detailed many of these above and elsewhere, but the one worth repeating here is the benefit of extending insurance coverage to more than 30 million uninsured Americans, and the human cost of failing to do that. Here is the Harvard study that indicates that leaving those individuals uninsured may cost more than 30,000 lives every year, which is to say more than 300,000 in the decade or so that may pass before another worthwhile reform effort is feasible -

http://pnhp.org/excessdeaths/health-insurance-and-mortality-in-US-adults.pdf

I have seen no reasoned plausible argument anywhere suggesting that a similar saving of lives will be possible by killing the current reform and hoping to start over soon with better luck. In my view, that would be a thoroughly reckless "political strategy" conducted at huge risk to the uninsured and underinsured.

It's this realization, and not mere expertise alone, that impels the liberal experts to push as hard as possible to improve the bills, and equally hard to be sure they don't die when the final versions are drafted.

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I've detailed many of these above and elsewhere, but the one worth repeating here is the benefit of extending insurance coverage to more than 30 million uninsured Americans, and the human cost of failing to do that.

Who is paying for all that added coverage, Fred? The people who can most afford it? The chief beneficiaries of the present bloated system? The folks who are rolling in the health care dough that they extort from us from the system's many side-rackets and inflated costs? Nope. You and I are paying, and a lot of people who, I suspect, are even less in a position to pay the bill than you and me.

To fund this move, we needed to rob the avaricious Peters to pay the uninsured Pauls. But the people who run the country are in bed with all those Peters, or else they are just afraid of them. So they have robbed middle class and working class Tom, Dick and Harry instead.

So I say don't pass this bill Congress, not until you develop the gumption to deliver the invoice to the right door.

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"...even without a public option, undertakes major cost reduction measures that I've outlined in some detail above."

I don't believe you did, Fred. Most of the provisions you described - prohibitions on cost discrimination and excluding pre-exiting conditions and the like - are actually likely to push costs up, not down. The modest cost reduction measures you then called "noble efforts". That revealing terminology in itself reveals that you, yourself recognize that they are mostly iffy and quixotic tilts at windmills.

The whole trick to this reform effort was to do something about driving costs way down, by taking on a wasteful and profit-flooded national health care complex, so that the country could then afford the health care equity that progressives seek. By failing to take on the vested interests, by failing to understand and address the inherently redistributive requirements of national health care reform, by mandating new insurance requirements that many will find onerous, and by doing a bill that jacks up the taxpayer and consumer obligation to pay for socially expanded health care, without extracting the compensatory benefits for those same taxpayers and consumers, the lame centrist liberals who run the Democratic Party have come up with an anti-middle class turkey of a bill that will become a political albatross around our necks.

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Dan - Below this paragraph is part of my comment to Destor above on the areas within healthcare where cost containment is most crucial and most likely to be productive. It's true that I've gone into more detail elsewhere, but the following section illustrates the main points:

"Destor - the challenge you cite is formidable, but the proposed reforms are making a noble effort to address it. That includes attempts to restructure healthcare to replace some fee for service practices with more efficient mechanisms - accountable care organizations (ACOs), "medical homes", and other bundled payment arrangements, as well as penalties and incentives related to unnecessary hospital readmissions or excessive use of tests or procedures. Also incentives to encourage primary care medicine as opposed to specialty referrals, comparative effectiveness research to provide guidance to practioners to help them retain procedures and tests that work while avoiding those that don't or are even dangerous - and many more efforts as well.

Here, Medicare will be the pioneer, but to the extent that better care for lower cost is achievable, it will spread to the non-Medicare population simply because of cost competition. In that sense, it's worth noting that Medicare is a far larger and powerful "public option" than the one that's being dropped. Once the reform packages passes, it will be up to Medicare to fulfill its responsibility with the tools the new legislation has handed it."

In addition, Dan, here is a useful link with more detail on what's needed:

http://dartmed.dartmouth.edu/spring07/html/atlas.php

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There is no chance the Senate and the House are going to be able to get together and work out a compromise.

Check that.

There's no way unless the president risks his re-election by demanding that his congressional colleagues come together on a vastly watered down bill that accomplishes nothing. Thing is, I'm starting to think that is what we might see. Obama, for the most part, seems to be so desperate for the Senate to pass a bill, ANY bill, that he's willing to sustain damage to his own political future.

I could possibly understand the logic of Obama taking these risks if the process were further along; such as in conference committee. But really, what does he think is going to happen if and when the Senate does pass its impotent bill? If Obama can't convince Ben Nelson to fall in line, why does he think he can convince the better part of two houses of congress to favor what will be a shit bill?

Howard Dean and Keith Olbermann didn't say it in so many words, but what is happening here is that this health care reform debate is turning into a no win for most Democrats. You're damned if a shit bill passes that basically gives MORE power to the insurance companies, and you're damned if NO bill passes and the entire program goes down the toilet like in 1994.

Meanwhile, the Republican Party, currently in the midst of an internal power struggle akin to something from The Lord of the Flies, stands to gain.

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("reply" isn't working for some reason -- this is in response to one of Fred's comments above)

Of course Dr. Dean wants the process to continue and to result in a better bill -- no one is questioning his devotion to the cause or his knowledge of the health care issue. If it were possible, even probable, that would happen, we'd all be right there with him! BUT this is where - I think - he's displaying a tin ear.

If the Senate doesn't come out with a bill, which could then go to conference and to a vote in both houses, then the will - the political will - to continue working on this issue is going to be gone, dead, over with ... until another Dem president someday (in the next generation)does his/her duty and picks it up again.

As best I can recall, the Clinton effort didn't result in any final, conferencned bill that was voted down in some big show. It just ..... ended. The effort became futile and people turned to more "solvable" problems. That may not be accurate - does anyone recall?

That's why passing something now - even if all it does is address the "small issues" of pre-existing condition, exclusions, etc. - is important. To date, there has never been anything that landed a glove on the ins cos (except things they agreed to) -- that's why they are fighting so hard still against a bill that per Dr. Dean is a "gift" to them. A journey begins with a single step; a fight begins with a first blow landed. If we are "too good" or "too purist" to ever accept a half-loaf or even a quarter-loaf ... then we're never going to get anywhere.

Why -- if this bill is such a gift to the powers that be -- are they still doing everything they can to get it defeated? Because they don't want it to even get to conference - they want to *continue* to send the message that this is a topic that you cannot address without devastating political loss. That's my take, anyway.

And one point regarding the mandate. A big problem now is that most of the public is either against this bill (or the very effort to make change) or lukewarm in their support of it. A mandate is going to make every single citizen a participant in the issue -- which could lead to very different results if public option or even single-payer is brought up again in a year or two years. That's the biggest, most important missing piece: lack of public pressure for progressive change.

You need to at least have a possible path to victory -- that's what Dean's advice lacks. In theory he makes good sense, but without the public or political will to sit down and try to "improve" the current version, as a practical matter it's just ...... dumb. THIS is what the ins cos really want: for the Dems and progressives to give up altogether and just go away, without landing a blow or picking up even a crumb.

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