Clark Hill

Government & Public Affairs Update

February 22, 2010

 

 

 

Government & Public Affairs Team

 

R. Daniel Beattie

Alan L. Canady

Delbert J. Chenault

Roderick S. Coy

Denise Ilitch

Andrew C. Richner

Donald F. Tucker

Reginald M. Turner
John Van Fossen, Practice Group Leader

Lucius A. Vassar
Chris Wagner

 

 

Offices

 

Birmingham, MI

Detroit, MI

Grand Rapids, MI

Lansing, MI

Chicago, IL

Phoenix, AZ

Washington, DC 

  

 

 

Health Care Back on Center Stage

 

Ahead of Thursday's Health Care Summit at the White House which both Democrats and Republicans will attend, President Obama and Senate Majority Leader Harry Reid (D-NV) have made major announcements that will likely shape the path forward for health care reform.

Last Friday, Reid expressed support for moving an eventual health care reform bill via the budget reconciliation process in the Senate, which allows for a simple majority vote to pass legislation that Senate  Democrats designated earlier this year as critical to the federal budget.  Normally, passing contentious bills in the Senate requires 60 votes to end debate on those bills. 

Earlier this year, Senate Democrats designated health care reform and climate change as issues for which the Senate could invoke reconciliation.  Given the Democrats' current 59 vote majority, invoking reconciliation which only requires 51 votes for passage would prevent  Republicans from further delaying the bill, but would not ensure final passage as Democrats would need to keep more than 8 Senators (including 2 Independents who currently caucus with Democrats) from opposing the final bill.

Furthermore, it is unclear what a final bill would look like and whether it could retain liberal Democratic support if it excludes a public option.  Today, President Obama released his
proposal for discussion at the upcoming Health Care Summit.

According to the White House, the proposal will:

  • Provide additional Federal financing to all States for the expansion of Medicaid
  • Completely close the Medicare prescription drug "donut hole" coverage gap for senior citizens
  • Strengthen the Senate bill's provisions that make insurance affordable for individuals and families, while also strengthening the provisions to fight fraud, waste, and abuse in Medicare and Medicaid to save taxpayer dollars
  • Provide $11 billion for Community Health Centers to provide care to underserved areas
  • Raise the threshold for the excise tax on the most expensive health plans from $23,000 for a family plan to $27,500 and will start in 2018 for all such plans 
  • Protect consumers by creating a new Health Insurance Rate Authority to review and rein in unreasonable rate increases and other unfair practices of insurance plans.

Notably absent from the proposal is a public option.  However, the White House is hoping that improvements on the Senate bill will result in a bill that Democrats and a select few of Republicans chambers will be able to support.  When the House passed its health care reform legislation in November, only one Republican voted for the bill.  Likewise, only Senator Olympia Snowe supported the Senate bill during the Finance Committee markup.

With Democrats threatening reconciliation in advance of the Health Care Summit, the tactic could facilitate the restart of negotiations or put Democrats in a tough spot of moving forward alone and adding more gasoline to the fire during a mid-term election year, which has been historically unfavorable for the ruling party.

 

 

If you have any questions concerning these issues, please contact Chris Wagner at 202.772.0924 or cwagner@clarkhill.com.

 

 

To find out more about Clark Hill and our Government & Public Affairs Practice Group, visit clarkhill.com or call 800.949.3124

 

 

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