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Patriot Act-Esque: Rushing Through Health Care Reform Over Labor Fed Objections

by: David Dayen

Sun Dec 16, 2007 at 09:09:00 AM PST


Arnold Schwarzenegger and Fabian Nuñez have made agreements behind closed doors on a new $14 billion dollar health care plan, and despite the fact that we're on the brink of a fiscal emergency, even though Don Perata has favored a go-slow approach, asking to deal with the burgeoning budget deficit before a new health package, it appears that we're going to have a vote in the Assembly on Monday.  And that has displeased some key stakeholders.

Assembly Speaker Fabian Nuñez's effort to speed a healthcare overhaul plan through the Legislature is being opposed by the trade group that represents California's labor unions, which is taking the rare step of urging Democratic legislators to defy their own leader.

In a letter obtained Saturday, the California Labor Federation's leader, Art Pulaski, urged Assembly members to postpone the Monday vote on the bill, which Nuñez (D-Los Angeles) submitted Friday after reaching agreements with Gov. Arnold Schwarzenegger on the scope of a plan to require almost all Californians to hold healthcare insurance.

Writing that "we are dismayed at the process," Pulaski complained that neither labor nor lawmakers had had enough time to vet the complex measure and decide whether it offered adequate protections against middle-class workers' being forced to purchase insurance policies they could not afford.

"We feel cheated of the opportunity to take a position on a bill that will impact the lives of every working family in California," Pulaski wrote. "We do not know whether this bill will protect working families who cannot afford a healthcare mandate or whether families will be driven into low-quality, high-deductible plans."

So we have a bill submitted on a Friday which lawmakers are expected to vote coming Monday.  It's 239 pages long and completely unclear, not just on affordability for the insurance itself, but on the floor for basic coverage and the ceiling for deductible costs.  Health care experts have not fully made that determination.  Add onto that the struggles of states to manage large-scale universal plans with their particular constraints, mainly on constitutionally mandated balanced budgets.  We are in a $14 billion dollar budget hole and with a Governor itching to balance that on the backs of poor and elderly Californians with a 10% across-the-board budget cut.  There simply aren't all that many areas you can cut that aren't protected by voter initiatives other than those in the health and human services sector.  Does that factor in to this parallel plan at all?  Not to mention the fact that so much of the funding option is predicated on federal funding at a time when the Democrats can't get SCHIP past the President's veto pen, which will result in tens of thousands of California children being denied coverage within a matter of weeks.

Despite all of these questions and concerns, the Assembly is being asked to rush through legislation that they probably haven't read or vetted.  I think health care is simply too important to do so.

David Dayen :: Patriot Act-Esque: Rushing Through Health Care Reform Over Labor Fed Objections
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And what could the rush be? (8.00 / 2)
What could it be...?  Could it be a Proposition on the ballot in February which is going to essentially be a referendum on the legislature?

I think Perata gets a lot of credit for not going along with this, even though he's just as likely to be termed out as Nuñez if Prop 93 doesn't pass.


An act of madness (8.00 / 1)
Rushing it through like this is unbelievably reckless. It's poor public policy and bad politics. Nasty surprises are going to come out over the next weeks and months about this bill and it'll be too late to fix them. It'll fail at the ballot box (did CA not learn from Oregon's recent vote against cigarette taxes for health care?), there will be further acrimony between members of the coalition (an SEIU/Labor Fed split is already in existence over this), and we won't get back to health care reform until 2011 at the earliest.

The ramming of the bill through the Assembly isn't the only parallel to the Patriot Act. In 2001 we were told either we supported the bill or supported the terrorists. I expect Maviglio to come along any moment now and tell us either we support the bill or we don't support giving Californians health care. That argument was wrong in 2001 and it's wrong in 2007.

I'll call John Laird's office in the morning and plead with them to vote against this turkey. Hopefully reason will win out.

You can check out any time you like but you can never leave


One notes as well (8.00 / 1)
that February will be too soon to learn about all of the problems, but just soon enough to use the bill for a campaign talking point.

[ Parent ]
Surely that's mere coincidence. (0.00 / 0)
Surely.

You can check out any time you like but you can never leave

[ Parent ]
Indeed (0.00 / 0)
and considering how crucial support from stakeholders will be to its ability to be enacted (funding approval on the ballot) this rush is troubling.  If there is not serious labor support passing it in the Assembly is meaningless for there won't be anyone to fund the initiative fight against the insurance companies and the business interests.

Labor is on Board (0.00 / 0)
Two more statewide labor unions today endorsed the Democratic health care bill scheduled for a vote on Monday in the State Assembly.

The California State Council of Laborers and California Conference of Carpenters both announced their support of AB 1X1, the historic compromise health care reform bill co-authored by Assembly Speaker Fabian Nunez and Senate President pro Tem Don Perata.

"We understand the need and importance for health care coverage," said California State Council of Labors Director Jose Mejia. "We believe there is now a window of opportunity to move forward with health care coverage for all, specifically this plan which intends to cover the most venerable of our state population.

"We are well aware that nothing is perfect as we introduce something new," he continued. "Not moving forward would only deteriorate what we have fought for, for so long. We congratulate and commend Assembly Speaker Fabian Nunez for his vision and insistence on health care reform."

"Passage of this historic measure will put California firmly on the path of providing universal health care to all as a matter of public policy codified into law. This is not the end of the discussion but only the beginning, with one fundamental difference, all Californians will have the legal right to access quality, affordable care."


[ Parent ]
No knock (8.00 / 1)
on the Laborers and Carpenters, but they are not the major players on this one.  I am looking for the big ones, Labor Fed, SEIU etc.

Perata reversed himself yet? Or is there only going to be an Assembly vote?


[ Parent ]
Freudian Slip? (8.00 / 1)
"cover the most venerable of our state population"

[ Parent ]
Health Care Facts (0.00 / 0)
The Democratic health care bill has zero impact on the general fund, so it's not "adding" to the deficit. Revenues will be raised through initiatives on the ballot. This year's federal budget battles don't apply to the law either, as it will go into effect when we have a Democratic President and Democratic Congress in the not-so-distant future.

No agreements have been made "behind closed doors." The bill has been in print and the Democratic Caucus was briefed in detail on Thursday. There have been dozens of hearings on the bulk of the bill. For the record, the Labor Fed has been at dozens of stakeholder meetings on the plan, as have a number of other unions, many of whom already have issued letters of support.

As the director of the Carpenters Union put it: "It is not perfect and it won't be a panacea for all life's struggles but it is a vast improvement over the situation in which we currently find ourselves."

It is also more progressive than any of the proposals being put forward by the Democratic presidential candidates.


This doesn't have a chance on the ballot (8.00 / 1)
Sadly, this will be put on the ballot, will fail and then people will say that Californians rejected universal health care, when they actually rejected a particularly flawed health care plan.

Tobacco companies will pay tens of millions of dollars to defeat this if is contains a $2.00 tax.  Business groups will spend tens of millions to defeat employer fees.  

Without little enthusiasm for the plan from Labor or the Left, there is simply no chance this will pass.  It's universal health care theater, nothing more.


[ Parent ]
Correction (0.00 / 0)
Should be "with little enthusiasm".

[ Parent ]
Labor, Etc. (0.00 / 0)
SEIU, Carpenters, Laborers, IBEW, Pipe Trades, and United Farm Workers are all on board. Every Democratic legislator is expected to support. In addition, there will be support from some large employers (Safeway). That's called a coalition. Not to mention the Governor's bully pulpit.

[ Parent ]
I've Heard That The Senate Is In Revolt (6.50 / 2)
My publisher called me this morning and told me he'd talked with State Senator Alan Lowenthal, a long-time friend of the paper.  Lowenthal apparently said that the Senate is extremely reluctant, at best, and more likely adamently opposed to going along with this.

Having heard this second hand, I can only report it as it came to me.  But I do know that Lowenthal has always been a strong advocate of careful deliberations, and the Senate as a body is more inclined that way as a whole.

If I had a nickle for every time I've head Lowenthal say, "the devil is in the details"....  A guy like that is not about to close his eyes and vote on faith.


Why not put Senate Bill 840(Kuehl) on the ballot? (8.00 / 1)
I suppose it's too late for the June Ballot, but why not November?  The bill has passed the State Senate this year ( and years before) and it's been around long enough to have been properly vetted....and it's the best we can expect tight now...

Lessons from Prop 186 (0.00 / 0)
Back in 1994, single payer was on the ballot in the form of Prop 186. Unfortunately, it garnered only about 26.5% percent. I think we would get a much higher total this time around, but there is one thing that we could be assured of, the health insurance companies would stop at nothing to make sure that it was defeated. They spent a bundle of cash last time, and most assuredly they would spend millions upon millions this time. I wouldn't be shocked to see them get close to spending $100mil  if single payer came up and it looked at all close.

There's certainly an argument to put it on the ballot, but there is a bit of risk there too. If the health insurance companies spend all that money, they would get to do much of the framing of the debate on health care.  But, costs have spiraled out of control since 1994, and much has changed. I have a feeling the audience, post Sicko, would be much more receptive.

If there is no health care reform this year, I would expect to see a SB840-type plan on the ballot by maybe 2010 or so.

I'm proud to work for Kamala Harris for AG.


[ Parent ]
That's a good analysis (0.00 / 0)
I don't think any of us who support SB 840 expect it would be easy, even in this day and age with widespread anger at health insurers and growing momentum for major reforms. The key to SB 840 victory is to spend time building a statewide coalition that can withstand what the insurers throw at us. That requires public organization, education, and mobilization. Groundwork must be laid.

None of that appears to have been done with the Núñez-Schwarzenegger plan. You can't just drop this on the ballot and expect support to materialize, especially given the flaws in the plan and the lack of sustained and broad public engagement with the process of producing it.

You can check out any time you like but you can never leave


[ Parent ]
Coalition (0.00 / 0)
Here's a coalition for you: AARP, Democratic legislators, progressive large employers (Safeway, etc.), United Farm Workers, IBEW, Pipe Trades, SEIU, San Diego Chamber, children's groups, etc., etc., etc. -- and the Governor

SB 840 will never have a broad coalition like that. Ever.

And I don't think the 5 million Californians without health insurance wouldn't appreicate your call to spend time to build a coaltion for something that will never pass the legislature or get passage on the ballot. If you think the tobacco companies don't like this, imagine what they'll do to single payer.

So that's the choice: do something now, or wait and take a risk on something that's a pipe dream politically.  


[ Parent ]
As one of those 5 million uninsured (8.00 / 1)
It is FAR from clear that this is going to do anything to help me, and carries a significant risk of financially ruining me.

You can check out any time you like but you can never leave

[ Parent ]
Explain yourself ... (0.00 / 0)
how would this "financially ruin" you? If you don't have insurance, explain that, vis a vis you getting sick today and not having health insurance.

[ Parent ]
What's the rush? (0.00 / 0)
I still don't understand why this legislation needs to be rammed through.  

Since we have a representative of the Speaker's Office commenting here: Could you please explain to me what harm would occur if we were to allow Legislators and their constituents a week to read the proposed legislation?


[ Parent ]
Be Glad to Explain (0.00 / 0)
First, about 90 percent of the bill is AB 8. Not many substantial changes from that. That text has been available for months. This isn't something that came out of thin air. The bulk of the bill has been out there for a very, very long time.

In addition, there have been repeated public hearings on these bills. Also, hundreds (literally) of stakeholder meetings. The Speaker also had a Health Care working group that was constantly updated through the negotiations.

To the point: because the financing of the bill will be put on the ballot through an initiative on the 11/08 ballot, that will take time. For example. If the title and summary was submitted on Friday, the deadlines for AG review and other bureaucratic hurdles would give proponents just 67 days to collect the 1.2 million signatures you'd need to get it to local election officials to be verified.


[ Parent ]
I kind of agree with Maviglio (0.00 / 0)
You talk about building coalitions and laying the groundwork...but I don't understand what kind of coalition you're expecting to build that doesn't look substantially similar to the It's Our Healthcare coalition (whom I work for).

One of my constant refrains is that regardless of what you think about the merits of the non-SB840 legislation, you can't deny that there is a massive coalition being brought together among broadly progressive groups around healthcare reform.  This is a huge development.  You don't just happen to get these groups at a table and agree on politics and policy without a significant amount of work.  This is the groundwork being laid.

Maybe there's another way to do it, but who has the capacity on the progressive side of California politics if not these groups?

We know CNA and CSEA would work for SB 840, but their capacity is relatively small compared to the rest of the labor movement in California.  (This is not a knock on them, but I think it's a fair, non-pejorative statement and I'm really not trying to start a pissing match).

Maviglio mentions other groups with significant political capacity, although we wouldn't necessarily view them as progressive political groups.  The broader the coalition, the greater the chance of winning something.  That said, I think we all realize that moving the political center of a coalition to the right (or towards corporate interests if that's a better way of looking at things), means that it's less likely we progressives would L-O-V-E the outcome.  

So the issue is, if you acknowledge the need to build coalitions and if the current coalitions aren't sufficient for what you want, and if there aren't too many other groups to bring in that would add to the capacity of the coalition, what do you do?

Any requirement that we be bigger, better, stronger without any explanation of how we get there given the political landscape of California is simply engaging in the Green Lantern Theory of politics.  

Now it's fair enough to come back and say that the broad coalition that now exists is insufficient and that the take-away from that is not that we go with the coalition we have but wait for the coalition we wish we had.  Okay.  I understand walking away from the table if your bottom-lines aren't met.  But again, how do we change the political landscape to be more hospitable to your (our) goals?  How do we strengthen the progressive coalition without alienating or inflaming those who are less progressive?  How do we develop the capacity to win?


[ Parent ]
Let them know what you think (0.00 / 0)
After you call Feinstein's office, call your assemblymember. John Laird's Sacto office told me they were taking a poll of the callers, so if you think this is a bad deal OR that they should postpone the vote for a few weeks so we can better study it and involve more Californians in the democratic process, call 'em up! They didn't say what Laird's position was at this time.

You can check out any time you like but you can never leave

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