Health Care for ALL Americans . . . except senior officials and their staff

New Ledger writer and blogger Ben Domenech writes of a little discussed portion of the recent Health Care Legislation that exempts "senior Democrat staffers who wrote the bill from being forced to purchase health care plans in the same way as other Americans."

A major story during the course of the health care debate was whether members of Congress would commit to placing themselves in the same health care exchanges as average citizens, or whether they would hang on to their government plans — that’s why leadership chose to add this portion to the bill, serving as a guarantee that members would participate in the same health plans as the people. Here’s the relevant text:

(D) MEMBERS OF CONGRESS IN THE EXCHANGE-

(i) REQUIREMENT- Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the Federal Government may make available to Members of Congress and congressional staff with respect to their service as a Member of Congress or congressional staff shall be health plans that are–

(I) created under this Act (or an amendment made by this Act); or

(II) offered through an Exchange established under this Act (or an amendment made by this Act).

But as with a lot of legislative matters, the devil is in the details — or in this case, the definitions. As anyone who’s worked on Capitol Hill knows, the personal office staff for a member is governed by different rules than those who work on committees and in the leadership offices. It appears from the way this language is written that those staffers NOT in personal offices, such as those working and paid under the committee structure (such as those working for Chairman Henry Waxman) or those working on leadership staff (such as those working for Speaker Nancy Pelosi) would be exempt from these requirements (emphasis added).

(ii) DEFINITIONS- In this section:

(I) MEMBER OF CONGRESS- The term `Member of Congress’ means any member of the House of Representatives or the Senate.

(II) CONGRESSIONAL STAFF- The term `congressional staff’ means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.

According to the Congressional Research Service, this definition of staff will only apply to those staffers employed within a member’s “personal office” — meaning that it will absolutely not apply to committee staff members, and may not apply to leadership staff.

This problem was acknowledged earlier in the process — last year, Senator Grassley tried to repair it, but he was rebuffed.

As Speaker Pelosi said a few weeks ago, it’s only after this legislation is passed that we’ll truly find out what’s in it.

For his part Senator Chuck Grassley is renewing his efforts to show the Democratic Leaders hypocrisy for what it is.

Grassley says health care reform should apply to President Obama, top administration officials


WASHINGTON – Senator Chuck Grassley today said he will offer an amendment during Senate debate on the health care reconciliation bill this week to apply the reform legislation to the President, Vice President, cabinet members and top White House staff.

“It’s pretty unbelieveable that the President and his closest advisors remain untouched by the reforms they pushed for the rest of the country. In other words, President Obama’s health care reform won’t apply to President Obama,” Grassley said. “Last December, the effort to apply any new law to administration political leaders was rejected by the Senate Majority Leader. But there’s no justification for the double standard, and I’ll continue to work to establish fairness.”

The Senate legislation passed last night by the House of Representatives includes an amendment Grassley sponsored and got adopted by the Finance Committee last fall to have members of Congress and their staffs get their health insurance through the same health insurance exchanges where health plans for the general public would be available. During the closed-door negotiations on the bill late last year, the Senate Majority Leader carved out Senate committee and leadership staff from this requirement.

Subsequently, Grassley and Senator Tom Coburn attempted to offer another amendment to restore the requirement during Senate debate on the health care bill, but the Senate Majority Leader would not let their amendment to fix this loophole even come up for a vote. In addition to Senate committee and leadership staff, the amendment Grassley and Coburn filed during the Senate debate would have made the President, the Vice President, top White House staff and cabinet members all get their health insurance through the newly created exchanges. It would not have applied to federal employees in the civil service.

Grassley said, “It’s only fair and logical that top administration officials, who fought so hard for passage of this overhaul of America’s health care system, experience it themselves. If it’s as good as promised, they’ll know it first-hand. If there are problems, they’ll be able to really understand them, as they should.”

Grassley said the motivation for his amendments is simple: public officials who make the laws or lead efforts to have laws changed should live under those laws.

“This is the same principle that motivated me to pursue legislation over 20 years ago to apply civil rights, labor and employment laws to Congress,” Grassley said. Before President Clinton signed into law Grassley’s long-sought Congressional Accountability Act of 1995, Congress had routinely exempted itself.

The Congressional Accountability Act made Congress subject to 12 laws, including the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, the Employee Polygraph Protection Act of 1988, the Fair Labor Standards Act of 1938, the Family and Medical Leave Act of 1993, the Federal Service Labor-Management Relations Statute, the Occupational Safety and Health Act of 1970, the Rehabilitation Act of 1973, the Veteran’s Employment and Reemployment Rights at Chapter 43 of Title 38 of the U.S. Code, and the Worker Adjustment and Retraining Notification Act of 1989.

Today, Grassley is working to make sure Congress lives up to the same standards it imposes on others with legislation such as his Congressional Whistleblower Protection Act.

IRS to Enforce Health Reform

The Internal Revenue Service will function as the government’s chief enforcer for health care reform, monitoring both businesses and individuals to certify whether they have the insurance coverage the government requires.

The tax collection agency will be responsible for monitoring and enforcing compliance with the individual and employer insurance mandates which form the backbone of the Democrats’ hard-won reforms.

The bill states that the purpose of the mandates is to regulate “economic and financial decisions about how and when health care is paid for, and when health insurance is purchased.”

The mandates require that all Americans carry a minimum level of health insurance or pay a separate tax for every month they are without such coverage. All employers with 50 employers or more will also be required to provide their employees with that same minimum level of coverage.

While that minimum level of coverage will be defined at a later date by the Department of Health and Human Services, it will be the responsibility of the IRS to monitor individuals and employers and to punish those who do not comply.

Under the bill, which passed despite bipartisan opposition March 21, starting in 2014 the IRS would be responsible for monitoring which employers are complying with the mandate and which ones are not. The IRS would begin such monitoring of individuals’ health insurance status in 2014 as well.

The IRS would monitor individuals and businesses’ health insurance statuses through the mandatory reporting the bill requires. Under the law, every individual and most businesses are required to report to the IRS, on their tax returns, whether they have purchased or provided the required level of coverage and disclose to the IRS which months, if any, in which they failed to do so.

Using this information, the IRS would then determine whether an employer or individual falls under the mandate, which contains exceptions for religious conscience, hardship, incarcerated persons, and members of Indian tribes.

If either an individual or a business has failed to comply with this mandate for any month out of the year, they are required to pay a separate tax to the IRS. For individuals this is a maximum of $750 per person (up to $2,250 per household) and $750 per uncovered employee for businesses.

Because these penalties would each apply on a monthly basis, individuals and employers would have to pay 1/12th of the maximum penalties for each month they failed to comply with the mandates.

In order to carry out its new monitoring and enforcement duties, the Congressional Budget Office estimated that the IRS will need $10 billion in additional funds, funds which were not made available under the health reform bill.

An analysis done by Republicans on the House Ways and Means Committee estimated that this $10 billion could go to fund an additional 16,500 new IRS agents and other personnel to monitor and enforce the new mandates.

“[T]he IRS could add more than 16,500 additional agents, auditors, examiners, and administrative support personnel to enforce large portions of the nation’s health insurance system,” the report said.

The IRS will also be in charge of collecting the new taxes on high cost insurance plans and on so-called unearned income from couples making over $250,000 per year and single filers making over $200,000 per year.

Both of these provisions could be modified should the Senate approve a budget reconciliation measure the House also passed March 21. Whichever final form they take, they are both direct taxes and thus will be directly administered by the IRS.

Because these new mandates and taxes are under the purview of the IRS, taxpayers and businesses could incur additional penalties normally reserved for normal income tax cheats, paying fees over and above those for not complying with Congress’ new mandates.

The IRS currently charges potentially hefty penalties for, among other things, filing false or fraudulent returns, filing late returns, and failure to pay a tax on time.

Taxpayers and businesses could be hit with these extra penalties because they are required to use their tax returns to prove to the IRS that they are complying with the mandates and because they will have to pay any tax penalties to that agency as well.

CNS News

The question is in what form and under what name will they resurface?

Victor David Hanson: We’ve Crossed the Rubicon

We've Crossed the Rubicon

President Obama has crossed the Rubicon with the health care vote. The bill was not really about medicine; after all, a moderately priced, relatively small federal program could offer the poorer not now insured, presently not on Medicare or state programs like Medicaid or Medical, a basic medical plan.

We have no interest in stopping trial lawyers from milking the system for billions. And we don’t want to address in any meaningful way the individual’s responsibility in some cases (drink, drugs, violence, dangerous sex, bad diet, sloth, etc.) for costly and chronic health procedures.

No, instead, the bill was about assuming a massive portion of the private sector, hiring tens of thousands of loyal, compliant new employees, staffing new departments with new technocrats, and feeling wonderful that we “are leveling the playing field” and have achieved another Civil Rights landmark law. (NB: do the math: add higher state income taxes in most states; the new Clinton-era federal income tax rates to come; the proposed lifting of limits on income exposed to FICA taxes; and now new health care charges — and I think you can reach in some cases a bite of 65%to 70% of one’s income.)

So we are in revolutionary times in which the government will grow to assume everything from energy use to student loans, while abroad we are a revolutionary sort of power, eager to mend fences with Syria and Iran, more eager still to distance ourselves from old Western allies like Israel and Britain.

There won’t be any more soaring rhetoric from Obama about purple-state America, “reaching across the aisle,” or healing our wounds. That was so 2008. Instead, we are in the most partisan age since Vietnam, ushered into it by the self-acclaimed “non-partisan.” But how could it be anything else?

Partisanship all the time, everywhere

No, Obama has thrown down the gauntlet, and is trying to reify the sloganeering of the 1960s. He apparently reasons along the following lines: that centrist talk was campaign fluff; the voters fell for it, and now it’s his turn to remake America with 51% of the House and 44% of the people. Think Sweden, or, better, Greece as our model at home, and something like America as Brazil in matters of foreign policy. Apparently, Obama figures that people now may not like the present partisanship, but they didn’t like FDR at the time either. Yet whom do they associate their Social Security checks with? Hoover? Coolidge? Harding?

I don’t see why the ram-it-through, health care formula won’t be followed by similar strategies for blanket amnesty, cap and trade, and expansions of the state takeover of cars, banks, student loans, and energy.

Remember, all these will be packaged as “comprehensive” reform — comprehensive health care, comprehensive immigration, comprehensive energy, comprehensive monitoring of even the banal decisions we make. So what does comprehensive really mean, other than all of us are going to get even more official looking letters in the mail, advising us to fill out a form, pay a fine, and be warned that a new regulation or tax is on the way — followed by the usual state/federal representative’s newsletter bragging about some new entitlement that he “won” for us with our borrowed money?

The Logic of Statism

I expect a lot of the following in the next three years.

1) Them!: More Obama soaring speeches about some “historic” crisis that needs “comprehensive” solutions (e.g., more of “this is our moment” banalities). Those introductions will be followed by alternate praise of some heroic individual who lost her health care, struggled to unionize, breathed some sooty air, was deported while cooking the evening meal, etc. These gripping narratives will be mixed in with ‘Them!’ demagoguery (e.g., the health care industry, the big corporations, the polluters, the nativists and racists — all of “Them” are standing in the way of hope and change, and, together, yes, we can! defeat them. Oh yes, there is going to being even more sermonizing, and shriller human interest portraits about “Them” smashing poor five-year-old Billy Jones from Topeka who flew up to DC to find Harry Reid for “help”; or “Them” denying Herlinda Lopez from Fresno her college dreams, who then wrote a letter pleading to Michelle for assistance; or “Them” absolutely crushing the mother of Bobby Smith for no other reason than sheer greed, who then took the Greyhound to Nancy Pelosi’s office!

2) The Fedopus has far more than eight tentacles: More letters in the mail from more state and federal bureaucracies (both broke, and searching for billions of dollars for millions of workers who need to be paid). The official looking stationary letters will be advising us that there is a new fee, surcharge, rule, regulation, etc. — mostly in the context that we have already in some way violated something. (Expect in such writs to see your name misspelled, your address garbled, one letter canceling out the one of the prior month, and semi-threatening language demanding compliance. [Don’t dare call the government number since the U.S. can’t hire more competent answerers from India]). This last month, to name a few, I got IRS friendly reminders, State Board of Equalization new rules, federal agricultural surveys, county assessment questionnaires, and the Census. All in all, about 12 official letters came, and I expect more this month. (My favorites are all the county, state, and federal agricultural questionnaires that usually have a warning like, “Do not write ‘no change from last year!’”—meaning that, even though your vineyard hasn’t gone anywhere in the last twelve months, you must go through a zillion questions, marking “No” to things like “Do you have a billboard on your property?” or “Do you raise gaming horses?”

3) More cynicism: The more Obama talks about the greedy and selfish in society who “take” from others, the more the public will understand that they are in fact the greedy in these crosshairs. Costly health problems that originate with obesity, smoking, alcoholism, unsafe sex, violence, law-breaking, etc. are really due to lack of scheduled office visits. One missed colonoscopy — not 50 extra pounds or 1000 Big Macs over the years — causes cancer. People always ache due to a dearth of medical advisors and outreach counselors — or the diet and prescription drugs pushed on the victim by the profit-mongering corporation. In other words, the old days of a kindly, but tiny government politely advising us about what not to do have now transmogrified into a brave new world in which there is no individual. Instead, there exists only collective responsibility — a creed that assumes those in rehab or on parole or fighting weight-induced diabetes were victims of a system in which those who did not engage in that sort of behavior were culpable in some way and should pony up. Best of all, the system assumes we are greedy, cruel, and selfish for writing things like the above.

4) Pelosism: In our brave new world, expect more of the lurid stories about the secretary of the Treasury not paying his FICA taxes. The multimillionaire Madame Speaker will spend more of the state’s millions on private jet travel as she lectures on carbon footprints and a culture of corruption. We will hear more about the chairman of the Ways and Means Committee hiding his income, or a member of the House Rules Committee bragging that, given the historic importance of health care, they are just making up the rules as they go along — and proud of it. Our guardian class has become the new French aristocracy at Versailles. They will rail about Citation jets for the CEO, and then fly federally-owned Gulfstreams; they will put us in Smart cars but limo in Yukons and Tahoes on “official business.” Our lifestyles will be as monitored as much as those who do the monitoring will not be at all.

5) Greedy and Not-So-Greedy Capitalists: And there are “bad” and “not so bad” capitalists too. The CEOs for GM are trying to help America out with green designs and fair wages — so unlike those at Ford and Toyota. Bill Gates and Warren Buffett are the model execs, quite unlike the yokels who run Caterpillar and whine about health care. George Soros is not really a money speculator that ruins banks, but a transferer of capital to progressive causes. In every statist society, large corporations either resist or join. For the latter, the machinery of government reinvents them as part of the solution rather than the problem — in the way that Al Gore really doesn’t really guzzle electricity, or John Edwards never really lived in a mansion. The transition to a Ministry of Industry requires a Ministry of Truth. With the Obama media we are already half there.

6) The Race/Class/Gender Cult: This federal caring creed trumps all religion. We will hear thousands of homophobic, racist, sexist anecdotes (but not those from a Ruth Ginsberg, or Harry Reid, or Joe Biden) that remind us why the government must enforce diversity set-asides and affirmative actions, and fund new sociological studies proving why group X hates group Y, and why government bureau Z is fighting X on behalf of Y for all our benefit. We are in perpetual war with perpetual ologies and –isms and we need far more Van Joneses to win them!

I understand the reasoning behind Obamism and am familiar with the feel-good, this-is-our-moment rhetoric of egalitarianism. But please at least spare us the fictions and simply be honest: Obama wants a state-run America, somewhere to the left of France or Denmark, a United States unexceptional and merely one of many nations at the UN. This vision follows an existing, decades-long encroachment of government. And it requires all sorts of highly credentialed overseers monitoring and at times justifiably attacking the upper middle class for its deplorable treatment of those below it.

This new America is ultimately predicated on the notion that we were born equal and must die absolutely equal as well. And this is entirely within our grasp, if we just understand that individual responsibility, talent, natural endowment, chance, merit, luck, tragedy, and a dozen other variables far too complex for government to imagine, much less solve, in fact, are not the real obstacles to ensuring equality.

Instead, it is simpler than that: greed, selfishness, racism, sexism, classism, and not niceness on the part of a few really are the culprits. Thank God that a few rare souls like Obama fathom that. And thank God, again, that it will take a singular humanitarian and genius like Obama to make us denser folks see it and do something about it.

That’s about where we are.

Subscript: Do Democrats realize that we really have crossed the Rubicon? In the future when the Republicans gain majorities (and they will), the liberal modus operandi will be the model—bare 51% majorities, reconciliation, the nuclear option, talk of deem and pass, not a single Democrat vote—all ends justifying the means in order to radically restructure vast swaths of American economic and social life. Is someone unhinged at the DNC? They just blew up any shred of bipartisan consensus when their President polls below 50%, the Democratically-controlled Congress below 20%, and health care reform less than 50%. Usually unpopular leaders and their unpopular ideas seek the shelter of minority rights and prerogatives. What will they do when they are in the minority—since they’ve entered the arena, boasted “let the games begin” and shouted “by any means necessary”?

Governor Barbour to add Mississippi to list of states challenging Health Care Bill.

Barbour to AG: File health care suit or I will

The Associated Press

 Mississippi's Republican governor and lieutenant governor are asking the state's Democratic attorney general to file a lawsuit challenging the constitutionality of a sweeping federal health care bill.

 The legislation passed Sunday, and President Barack Obama plans to sign it into law Tuesday.

Gov. Haley Barbour said he will file a lawsuit himself if Attorney General Jim Hood does not make a decision by noon Thursday.

"A physician's creed is to 'First, do no harm,"' Barbour, who's head of the Republican Governors Association, said in a statement Monday. "The health care legislation passed Sunday infects the economy with harmful tax increases, strips benefits from senior citizens and robs each citizen of their basic freedom to choose their own health care."

Hood made no commitment Monday, saying only that once the bill is signed, "we will review the law to determine if there are any viable causes of action for the state of Mississippi."

Clarion Ledger

The Mississippi Business Journal also reported on the story saying

Lt. Governor Phil Bryant joined the Governor by sending a letter to Attorney General Jim Hood Monday, asking the Democrat to file a lawsuit on behalf of the state. See the press release and entire letter here.

Bryant says Mississippi should assert its rights under the 10th Amendment, which “protects states from an overbearing federal government.”

Mississippi is not the only state mulling a challenge to the healthcare bill. Washington, Utah and Nebraska are also thinking of suing, according to The Associated Press.