Health insurance industry lawyer makes the case for single payer


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Single Payer NowIn speaking out against a bill that would make sure no pregnant person could be denied medical coverage due to their pregnancy, a health insurance lawyer unintentionally made a great case for a national, single payer health program.

Shawn Donahue is an attorney at Blue Cross & Blue Shield of Rhode Island and last Tuesday he spoke at the House Corporations Committee meeting to oppose a bill that would ensure “no pregnant applicant for medical insurance coverage would be denied coverage due to her pregnancy.”

I want to stress at the outset that Donahue seems like a decent man, and I sensed that he was somewhat uncomfortable speaking out against this bill.

“No one believes in the importance of pre-natal care more than Blue Cross,” said Donohue, “We’ve invested in it.”

That’s true. “Getting early and regular prenatal care is one of the most important things you can do for the health of both you and your baby,” says Blue Cross on its website. The site contains a wealth of information and advice on healthy pregnancies. But we don’t have to assume that Blue Cross is promoting neonatal care out of any sense of public service. Healthy pregnancies are cheaper for insurance companies. An insured baby, with proper neonatal care, is less likely to have expensive health problems going forward.

The importance of prenatal care is underscored by the health risks associated with not having such care.

“Women in the United States who do not receive prenatal care have an increased risk of experiencing a neonatal death… Lack of prenatal care is associated with a 40 percent increase in the risk of neonatal death overall…” says the Guttmacher Institute, citing a study, “Black women are more than three times as likely as white women not to receive prenatal care, and regardless of their prenatal care status, their infants are significantly more likely to die within their first 27 days of life than are infants born to white women.”

Other risks from not receiving adequate prenatal care include low birth weight for the infant, and pre-eclampsia, a form of organ damage, that affects the mother. From a human perspective, this is terrible and unnecessary. From the perspective of an insurance company, such health problems are expensive.

Yet, said Donohue, speaking for Blue Cross at the Rhode Island State House, “The only way insurance works is if you purchase it when you don’t need it so it’s there for you when you do. If you allow people a special enrollment period, whether they’re diabetics, cancer patients or pregnant people, they won’t buy it until they need it.”

The Affordable Care Act (ACA or Obamacare) mandates that Rhode Islanders buy private insurance on the state run health insurance exchange, HealthSourceRI. “If you’ve missed the open enrollment period,” said Donohue, “ you’ve broken the law and now you are penalized for that, and the penalties start to grow.”

Donahue is talking about financial penalties of course, but the real penalties from a societal point of view are dead babies, or babies and mothers with terrible health outcomes. Suddenly the financial penalty for not complying with the ACA mandate seems rather small and meaningless, doesn’t it? But more to the point, it’s exactly these negative health outcomes that Obamacare was supposed to address.

2016-01-02 Bernie Sanders 282“We don’t let people buy insurance on their way to the hospital in an ambulance,” said Donahue. I would say that having to worry about financial issues during a medical emergency is a major system failure, and further, these gaps in care for vulnerable Americans expose the weaknesses in today’s for-profit health insurance industry, of which Blue Cross & Blue Shield of Rhode Island is a big part.

According to Physicians for a National Health Program (PNHP), “Single-payer national health insurance, also known as ‘Medicare for all,’ is a system in which a single public or quasi-public agency organizes health care financing, but the delivery of care remains largely in private hands. Under a single-payer system, all residents of the U.S. would be covered for all medically necessary services, including doctor, hospital, preventive, long-term care, mental health, reproductive health care, dental, vision, prescription drug and medical supply costs.

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Aaron Regunberg, center

“The program would be funded by the savings obtained from replacing today’s inefficient, profit-oriented, multiple insurance payers with a single streamlined, nonprofit, public payer, and by modest new taxes based on ability to pay. Premiums would disappear; 95 percent of all households would save money. Patients would no longer face financial barriers to care such as co-pays and deductibles, and would regain free choice of doctor and hospital. Doctors would regain autonomy over patient care.”

On the national scene Bernie Sanders has championed single payer, calling it Medicare for All. “Health care must be recognized as a right, not a privilege,” says Sanders, “Every man, woman and child in our country should be able to access the health care they need regardless of their income. The only long-term solution to America’s health care crisis is a single-payer national health care program.”

State Representative Aaron Regunberg has introduced, for the second time, a bill to bring the benefits of a single payer health insurance program to Rhode Island. His bill would “act would repeal the ‘Rhode Island Health Care Reform Act of 2004 – Health Insurance Oversight’ as well as the ‘Rhode Island Health Benefit Exchange,’ and would establish the Rhode Island comprehensive health insurance program.”

His bill deserves our support.

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How the smallest state got the smallest uninsured rate


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anya wallackA recent Gallup poll revealed that Rhode Island has the lowest uninsured rate in the country, at 2.7 percent, as well as one of five states that saw its uninsured rate decline by 10 points or more. But, how did that happen? Anya Wallack, director of HealthSourceRI, was able to provide some answers.

“You come to HealthSource, and right there, you can very easily sign up for coverage regardless of your income,” she said. “We’ve developed an infrastructure that’s really designed for this unified approach.”

Wallack explained Rhode Island decided to create its own exchange because it presented “significant advantages, in terms of local control and customer service.” With a state based exchange, rather than a federal one, they could better tailor their services to the needs of Rhode Islanders.

HealthSourceRI uses what she called a “one door policy,” meaning that customers could come in and not only apply for health insurance, but check to see if they were eligible for Medicaid and other benefits. This is where much of the exchange’s success comes from, since this is a policy only a few states have adopted.

Wallack said that making customers jump through hoops only serves to make things more confusing, and they miss out on important information because of it. Right now, Wallack and her team are expanding their open door policy, and making it possible for customers to begin to apply for other assistance programs like TANF or SNAP.

“When we’re done building our system, you’ll be able to sign up for those with one stop shopping,” she said.

Wallack added that there are a number of ways that customers can use this one stop shopping, that all services are provided online, over the phone, or in person. Face-to-face assistance is also provided right in the community health centers, so customers can sign up for insurance right in their hometown. HealthSourceRI also has enrollment events during the open enrollment period, which is from Nov. 1 to the end of January each year. During open enrollment, a customer can renew, reenroll, or sign up for coverage, or just change their plan. There are two other types of enrollments as well- special enrollment and Medicaid coverage. Special enrollment occurs when a customer’s circumstances change throughout the year and they need to change their plan, and Medicaid coverage happens throughout the year to see if a customer is eligible for Medicaid.

“We try to find any avenue where we can come into contact with people who may be looking for coverage,” Wallack said concerning their community accessibility.

This level of accessibility has worked for the exchange, proved not only by the Gallup poll but the hard numbers that HealthSource has collected so far for this year. In 2015, they have enrolled 32,554 individuals as of July 31. Most people who enrolled were age 55 and over, sitting at 29 percent. 53 percent of enrollees were female, while 47 percent were male. More than half of the enrollees – 59 percent – were eligible for financial assistance in the form of an advanced premium tax credit and cost-sharing reductions. These numbers show an upward trend from last year, with over 7,000 more enrollees. Small businesses are signing up through HealthSource as well, with 542 employers enrolled in 2015, compared to the 381 from 2014.

The Gallup poll found that states that set up their own exchange and expanded Medicaid saw the biggest drop in their uninsured rate, something that the Ocean State has been doing since day one. According to Wallack, as long as they continue with this, Rhode Island can serve as a model for other states and their healthcare exchanges, especially as HealthSourceRI moves forward. Within the next month, HealthSource will be releasing its own survey, which will give more accurate results than the Gallup one, because it will only look at Rhode Island. But, the national survey still shows a trend, and that Rhode Island is headed in the right direction.

“What I take from this, is that those policy decisions, as well as our decisions to take a coordinated approach, was successful for us,” Wallack said.

HealthSource’s next step is to find those last remaining uninsured individuals, and understand why they’re uninsured, as well as work with employers to make sure that they are able to retain coverage. Now, their job is to help control healthcare cost growth, provide support for small business, and provide affordable choices for everyone, especially that last 2.7 percent.

Healthcare workers picket in Pawtucket for fair wages


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DSC_0995As the sun was setting and temperatures dropped, over seventy workers and supporters took to the sidewalks with illuminated “Yes We Can! $15” signs chanting in both English and Spanish outside Blackstone Valley Community Health Care (BVCHC). According to their press release, the workers help to “deliver primary care to low- and moderate-income families primarily from Pawtucket, Central Falls, and the surrounding regions,” and are members of SEIU District 1199NE.

“We’re here,” said Kelly Medieros, who has worked for BVCHC for ten years, “because we want fair wages and affordable health care.”

In a written statement, Anabel Garcia-Campos, an Administrative Medical Assistant, said, “many of us who work here can barely afford to live—some employees earn less than $25,000/year, and we have to pay $5,000 for family health care.”

DSC_0952BVCHC has been expanding recently, capitalizing on the increase in business the health care provider has received under Obamacare. The number of patients served by the company has increased to over 15,000.

“We’re bursting at the seams,” said BVCHC executive director Raymond Lavoie.

To meet demand the company has constructed of a new building in downtown Pawtucket for nearly $7 million and purchased another building for $1.4 million in late 2014.

“Management can definitely afford to pay us living wages,” says Anabel Garcia-Campos, “but while they’re getting richer, they’re leaving us behind!”

Christine Constant, a registered nurse, said in a statement that “low wages and high turnover take a toll on how we do our jobs” and says that a living wage and affordable health care will “stabilize our workforce so we can keep providing consistent, high-quality health care for our community.”

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‘Medicare for All’ advocates focus on Rhode Island


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Dr. Oliver Fein

Dr. Oliver Fein, representing Physicians for a National Health Program (PNHP-RI), gave a talk Monday night to a class of second year med students at Brown University’s Warren Alpert Medical School in Providence. The talk was open to the public, but due to the snow storm attendance was low. That’s too bad, because Dr. Fein’s talk was an informative and eye opening examination of both the history of public healthcare in the United States and the possibility of transforming the current system beyond Obamacare and towards a system of truly universal coverage, what supporters call, “Medicare for All.”

In the video, Dr. Fein covers the history of healthcare in the United States, starting with President Truman’s suggestion that some sort of universal health care program might be a good idea, right up to President Obama’s successful passage of the Affordable Care Act. (For Dr. Fein’s summary, go here.)

At the 17 minute 30 second mark Fein leaves history behind and explicates the ideas behind a single payer healthcare model, or what he calls an “Improved Medicare for All.” Such a system would build upon and expand Medicare to the entire population, improve and expand coverage in the areas of preventive services, dental care and long term care, eliminate deductibles and co-payments, expand drug coverage (eliminating the “donut hole”)  and redesign physician reimbursement.

Several points leapt out at me during Dr. Fein’s presentation. Using data from 2009, Fein reported that 62% of personal bankruptcies were due to medical expenses and 75% of those who declared bankruptcy had health insurance. For too many people, it seems, health insurance did nothing to prevent financial disaster.

Fein also reported that overhead costs in administering Medicare run about 3.1%. Commercial healthcare runs near 20%. This means that 17 cents (or more) of every health care dollar is wasted on administrative costs or corporate profits under our current system of private insurance. This is money that could be going towards patient care.

Fein concluded that a system based on private insurance programs will not lead to universal coverage and will not create affordable coverage, whereas a Medicare for All system can lead to universal comprehensive coverage without costing more money.

“What will happen if we don’t do this?” asked Fein in conclusion, “By [the year] 2038 a person’s entire household income will… have to pay for health insurance. A condition that’s not compatible with life.”

Rhode Island

Gerald Friedman, a PhD and Professor of Economics at the University of Massachusetts at Amherst released a 41 page report earlier this month on the possibility of adopting a single payer healthcare system here in Rhode Island. Friedman maintains that a single payer plan would result in significant savings for most Rhode Islanders and only increase healthcare spending for those making over $466,667 a year.

Single Payer GraphRepresentative Aaron Regunberg, from the East Side’s District 4, is planning to introduce legislation for a statewide single payer healthcare plan this session. Model legislation from the PNHP is available here.

More information about the Rhode Island branch of the PNHP can be found at their website.

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RI Hospital employees and community allies speak out


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Speak-Out for Good Jobs & Quality Care at RI Hospital 039More than 500 people crowded into the meeting room of Our Lady of the Rosary Church on Benefit St in Providence for the Worker & Community Speakout for Good Jobs and Quality Care on January 17.  At issue was the contract negotiation between Lifespan/Rhode Island Hospital and General Teamsters Local 251 representing some 2,500 hospital employees.

Speak-Out for Good Jobs & Quality Care at RI Hospital 058According to Local 251, “As a non-profit entity, Lifespan and RI Hospital are supposed to put the healthcare needs of the community first. Unfortunately, management has taken cost cutting measures, causing shortages in equipment and staff that undermine patient care.”

Literature at the Speakout quoted a nurse, Aliss Collins, saying, “When we are understaffed, I cover 56 patients in three units. It’s not right for the patients or the employees.” There was a story at the Speakout of another nurse who was forced to buy her own equipment for measuring oxygen levels, because the hospital did not provide it.

Speak-Out for Good Jobs & Quality Care at RI Hospital 158Obamacare has allowed Lifespan/RI Hospital to take in an additional $33 million in net revenue last year, because so many Rhode Islanders are now covered under Medicaid. Yet rather than invest this money in patient care, Lifespan pays its “ten highest paid executives” more than $16.6 million in its last fiscal year, an average of $1 million more in compensation “than the average earned by CEOs of nonprofit hospitals nationally,” according to the union.

At the same time, hospital employees such as single mom Nuch Keller make $12.46 an hour with no healthcare coverage. Keller’s pay does not even cover her rent. She regularly works 40 hours or more per week, yet Lifespan continues to pay her as a part-time employee. And in case you missed it, Keller works at a non-profit hospital, and receives no healthcare.

Speak-Out for Good Jobs & Quality Care at RI Hospital 046The Speakout was intended to show community support for the workers of RI Hospital, and was attended by Representatives David Cicilline and Jim Langevin, as well as General treasurer Seth Magaziner. There were also representatives from many other unions and community groups such as Jobs with Justice, Unite Here! and Fuerza Laboral. Many religious leaders, including Father Joseph Escobar and Rev Duane Clinker, were on hand to show support.

It was hard not to feel that something new was happening at the Speakout. The level of community support and solidarity made one feel as if a union resurgence were imminent, which many feel is necessary if obscene inequality is to be combated.

It was Duane Clinker who helped put the event into perspective for me. He said that unions have often limited their negotiations to wages, hours and benefits, and health-care unions have long argued staffing levels, but “when/if organized workers really make alliance with the community around access to jobs and improved patient care – if that happens in such a large union and a key employer in the state, then we enter new territory.”

This struggle continues on Thursday, January 29, from 2-6pm, with an Informational Picket at Rhode Island Hospital. “The picket line on Thursday is for informational purposes. It is is not a request that anyone cease working or refuse to make deliveries.”

Full video from the Speakout is below.

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The Heinz Dilemma is so 20th Century; universal healthcare the answer


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ACT UP poster from www.imgkid.com

Nurses are required to get continuing education. This month’s class was Ethics. I sat around a table with co-workers debating moral challenges – little white lies, getting extra change at the supermarket, etc. I kept my head down, suppressing an urge to giggle nervously, like the mortal and venial sins blotting my soul might show through my blouse- but then it got interesting.

The group leader passed around a morality problem called The Heinz Dilemma. This is a famous ethical problem posed by psychologist Lawrence Kohlberg in the 1950’s. It goes like this:

A woman was near death from a special kind of cancer. There was one drug that the doctors thought might save her. It was a form of radium that a druggist in the same town had recently discovered. The drug was expensive to make, but the druggist was charging ten times what the drug cost him to produce. He paid $200 for the radium and charged $2,000 for a small dose of the drug. The sick woman’s husband, Heinz, went to everyone he knew to borrow the money, but he could only get together about $1,000 which is half of what it cost. He told the druggist that his wife was dying and asked him to sell it cheaper or let him pay later. But the druggist said: “No, I discovered the drug and I’m going to make money from it.” So Heinz got desperate and broke into the man’s store to steal the drug for his wife. Should Heinz have broken into the laboratory to steal the drug for his wife? Why or why not?

My first impulse was that I’d stand lookout while Heinz grabbed the goods. But on second thought- is Heinz supposed to stuff a hunk of Radium in a paper bag? He’ll be glowing in the dark before he gets home.

Anyway, this is all hopelessly 20th Century. As dilemmas are said to have 2 horns, a 21st Century 2-pronged approach is needed– power politics and social disgrace.

  • Step 1: Crowdsourcing. Mrs. Heinz posts a picture of her languishing self on social media with a plea for donations. This has the dual benefit of helping her with her medical expenses while outing the profiteering druggist. If they succeed in raising the cash quick they can buy the medicine, and buy time while they go on to…
  • Step 2: Social Disgrace. Start with the doctors who thought Radium might save Mrs. Heinz. They may be customers of the druggist. The druggist doesn’t care about a nobody like Heinz, but ticking off the doctors is bad for business. Time is short, so direct action is needed. Heinz should get a few friends to stand out on the sidewalk with him as he begs for help. If Mrs. Heinz can’t make it they can wear t-shirts with her picture. Invite Channel 10. Clergy in garb and professionals in attire make good visuals. Heinz should have a statement prepared for when the press shows up.
  • Step 3: Lobbying Politicians. This is another form of crowdsourcing- taxes fund social welfare, laws protect the vulnerable. While Heinz takes it to the streets he also needs to take it to the marble halls where decisions get made. The greedy druggist is a political opportunity to crack down on profiteers. In fact, when he feels the heat he might decide that it is better to give Heinz a break. And there may be competitors ready to make a cheaper generic version of Radium if protecting the druggist’s patent becomes a political liability.
  • Step 4: Opposition Research. There’s got to be some dirt on this druggist. It’s a sure thing he’s made enemies with his cruel, mercenary ways. Go for the throat.

Poor Heinz, I picture him forever languishing in post-war Germany, with ex-Nazis for neighbors. I hope his wife got better. I see them like an old movie, perhaps because so much of the dilemma is black and white- the authoritarian stance of the druggist who puts profit before people, the helplessness of the individual, the voiceless wife…did I mention that the whole setup is hierarchical and masculinist? Carol Gilligan did.

In the bigger picture, we have to deal with ‘Heinz’ situations all the time. A part of my generation is missing, lost to AIDS. It was not so long ago that people had to break rules and make new rules as the epidemic raged. (see Dallas Buyer’s Club) Each new drug that made its way through the approval pipeline was expensive, and states were slow to pay. Internationally, pharmaceutical companies played the role of the heartless druggist, protecting their patents at the cost of lives in poor nations. (see here how the West blocked generic AIDS medication in South Africa.)

Right now we have a cure for Hepatitis C, but the cost is about $1,000 a pill. It’s a strain on the system, and how to manage it is not clear. Recent history of activism and political pressure driving down the cost of some drugs gives encouragement. It’s cheaper in the long run to treat illness, and people will not quietly go away when a cure exists just out of reach. Even poor Heinz stopped being a good German when he was pushed too far.

What if there was a wealthy nation that let millions of its citizens die over the years because they could not afford medical care? What if potential remedies were rejected in favor of protecting profits? Where is the morality in a system that values national defense, but not defense against preventable illness? What ethical standard withholds care until a citizen is disabled- then puts them on disability?

Like a wise man once said, “it’s a complex world.” The Affordable Care Act is partial and imperfect, but it has made health care accessible to millions of Americans who were previously uninsured and is something to build on. No dilemma here, the US needs to join all the other developed nations and move forward to universal health care.

Hobby Lobby protest draws a line in the sand


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hobby lobbyWhen the decision came down Monday morning, I can’t say I was surprised.

Burwell v Hobby Lobby is yet another example of the courts ruling in favor of a weird kind of corporatism, another step towards a legal landscape where legal fictions established to protect investors become imbued with rights that supercede those of ordinary persons.

Still, there was something especially galling about the wording of this decision, and though Justice Ginsberg’s dissent nailed most of it, “We the People” are still stuck living in the world of the five old men who crafted the anti-science, anti-human, majority opinion that established a new class of citizens who are separate and unequal under the law: women.

DSC_2358And lest you think not being a woman somehow protects you, lawyers are already moving to expand this decision in ways that might have us yearning for the simplicity of Sharia.

Why should Hobby Lobby, a store that sells glitter, glue-guns and craft paper, have more rights than my daughters? I knew I wasn’t alone in my views. I needed to do something, but how does one go about appealing a Supreme Court decision? How does one go about letting the powers-that-be know that this decision cannot stand, and that something needs to be done?

DSC_2425I decided to hold a rally outside the only Hobby Lobby location in Rhode Island and call for a national boycott of all Hobby Lobby stores. The rally had two purposes. The first was to send a message from Rhode Island, the birthplace of religious liberty and freedom of conscience so loud that even the Supreme Court would hear it. Our little rally, and similar rallies across the nation, (Oklahoma, DC, Alabama, California, Texas, Missouri, Illinois, Wisconsin…) would tell the government that we do not want laws that grant corporations control over its employees’ private lives.

DSC_2434We want specific changes, like the repeal of RFRA, the Orwellian named Religious Freedom Restoration Act that was used as a justification for the Supreme Court decision. But more generally we want the right of women to make their own decisions regarding their health care, including decisions having to do with reproductive health care including abortion, to be protected and expanded, not attacked and restricted.

The other thing we want to do is boycott Hobby Lobby. We want to deprive this corporation of the money they use to hire the lawyers needed to attack our human rights. This is the “starve the beast” strategy. Without money, David Green, the multi-billionaire who thinks his vast fortune is a license to inflict his narrow Evangelical religious beliefs on the world is just another guy on a soapbox shouting at passers-by on a busy city sidewalk, entitled to his opinion but easily ignored.

DSC_2387So at the rally we announced a permanent, never ending boycott against Hobby Lobby. The 125 people who came out to our protest Saturday afternoon and the hundreds more who support us are all committed to never spending so much as a penny at any Hobby Lobby, ever. Further, these women and men have friends, families and distant Facebook contacts across the nation and across the world. They will convince most everyone they know to follow their lead.

Our rally let people know they have a choice. Barely a minute went by without someone driving past in their car, tooting their horns in support. The coverage we received in the Providence Journal reached thousands on-line and in print. Channels 10 and 6 ran news reports, letting thousands more people know.

DSC_2397The accepted wisdom is that there is no bad publicity, except there is. Hobby Lobby is the corporation that led the way on this kind of lawsuit, and as a result, it will be the first to reap the economic consequences of its decision.

The Rally

The day itself was great. One day after Hurricane Arthur dampened our Independence Day plans we were presented with a warm windy day with near zero humidity. I arrived five minutes early, wondering if any of the 175 people who promised to be there would actually show up, aside from a few close friends. I need not have worried. As I arrived car doors opened and at least twenty people came out carrying signs, ready for a positive, peaceful protest. From their the event grew steadily, peaking at 125, with people coming and going throughout the day. Maybe 175 people participated in all.

DSC_2362I had informed the Warwick Police Dept of our intentions, and their asks were well in line with our intentions: Don’t block traffic and don’t trespass on private property. Keep it peaceful and be careful. The police had a car parked nearby,  but this wasn’t a lawless crowd. We had people on our line aged 13 to 83. Some of the women had fought for women’s rights in the 1950s and 60s and were wondering why they were forced to fight the same old battles again, in the 21st Century. The only danger we presented was to Hobby Lobby’s bottom line.

DSC_2432My friends from the Humanists of Rhode Island were in attendance, and stuff like this is never a solo effort. So many people contributed to putting this together. If I list all their names I’ll leave someone out by accident, so I won’t even try, but you all know you are great. Friends from other groups, especially Carolyn Mark or RI-NOW and Lauren Niedel of the RI Progressive Democrats were fantastic. Also, my friends from Unite Here! allowed me to borrow their bullhorn, which I will return soon, promise! I made new friends as well. Thank you Julie! And so many more.

A gathering this large in an election year brought out the candidates as well. Clay Pell, running for Governor, arrived with his wife, Michelle Kwan almost as soon as the protest got started. He listened to the concerns of the women and men present. Later, one of Pell’s opponents for the Democratic Primary, Angel Taveras arrived, shaking hands and posing for photos. Brett Smiley, running for Mayor of Providence, came to Warwick because he “has always been a big supporter of women’s rights” and candidate for Lt. Governor, Frank Ferri, arrived near the end of the protest to show his support.

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The Representative and the Author

The biggest surprise was the quick visit of Representative David Cicilline, whose office originally told me could not make the rally, but the Congressman drove by and decided to make a quick visit on his way to a family event. This allowed me to make my big ask, repeal RFRA, in person, and though Cicilline did not commit to introducing or signing onto such legislation, he did allow that something needed to be done.

Counter-Protesters?

From the beginning the event page on Facebook for this event was a target of trolls who somehow feel that the Supreme Court’s decision was a positive thing. I received at least one warning that there would be counter-protesters arriving and also one threat that I had to report to the police in Providence and Warwick.

DSC_2407However, while we were underway, only about four people who disagreed with us showed up, and they engaged in forceful, if not always cogent debate with various members of the protest. Their complaints were mostly of the “abortion is against the will of God” kind which is a bit off topic. This is about religious freedom, not about one group’s particular theology. I recognized two of the women as members of Barth Bracy’s Right to Life group, and it was immediately obvious that they did not actually understand what the Supreme Court had decided. They simply wanted to argue about abortion.

DSC_2390In all, the counter protest was a fizzle, if any such thing was actually in the works. And it’s hard to see what a counter-protest would look like. Would these people be arguing for more corporate control over employee health-care decisions? Would they argue for less freedom, less autonomy and less human rights?

Outcomes

Hobby Lobby, obviously, is still in business. Our one-day protest did not bankrupt the beast. But our rally sent a message. I know they felt it in their day’s receipts, and they will continue to feel it, even as competitors like Michael’s and AC Moore reap the benefits. Our rally succeeded in getting our message out. We announced in no uncertain terms our intention to challenge corporate personhood and champion women’s reproductive rights.

We won’t win this in one day, one week or one month.

But we will win this.

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NBC 10 Wingmen: Hobby Lobby vs. Obamacare


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wingmenWhat would happen if a practitioner of Scientology (who doesn’t believe in vaccinations) bought a big company like, say, CVS? According to the SCOTUS Hobby Lobby decision, the new owner could refuse to cover childhood vaccinations for some 200,000 people across the country.

Given that, was the Supreme Court correct to allow an employers religious beliefs to dictate an employees health care coverage? Is Obamacare working? Does the government belong in the health care industry? Justin Katz, Bill Rappleye and I debate these questions and more this week on Wingmen.

News, Weather and Classifieds for Southern New England

One question Katz seems loath to answer is whether he believes a fully-privatized health care market would provide care for poor people. I’d love to read an Anchor Rising post on how fully-privatized health care market would somehow trickle down health insurance to poor people.

Cicilline condems SCOTUS for Hobby Lobby decision


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cicilline primary victoryIn a pointed and detailed statement, Congressman David Cicilline called out the United States Supreme Court for its Hobby Lobby decision made public today saying, “women, not their bosses, should be in charge of their own personal health care choices.”

The controversial SCOTUS decision sent ripples through progressive Rhode Island today. Senator Sheldon Whitehouse also released a statement critical of the high court.

Here is Cicilline’s full statement:

Women, not their bosses, should be in charge of their own personal health care choices. While much work remains, we have made tremendous progress in affording women full equality over many years and this decision rolls back that progress by limiting women’s access to contraceptive health care services.

The Affordable Care Act is designed to ensure women have access to quality, affordable health care, including contraception and family planning — services that are critical to a woman’s health care needs. In fact, an overwhelming majority of women use birth control or contraceptives at some point in their lives and the idea that they should be denied access to these basic health care services because their boss finds it religiously objectionable is ridiculous. While today’s ruling will not undo all the benefits under the Affordable Care Act that allow millions of women to access birth control, it wrongly dictates that a CEO’s religious beliefs outweigh a woman’s right to access affordable contraception. This unfair discrimination contradicts the values of a majority of Americans and has no place in the 21st century. Importantly, today’s decision also sets a bad precedent encouraging other for-profit corporations to deny health care coverage to their employees based on their owners’ religious beliefs.

I am deeply disappointed with the Supreme Court’s ruling and will continue working to stop attacks on women’s access to complete health care services and to advance women’s basic rights. This fight is not over.

Wingmen on Obamacare: Katz says we need gov’t, but don’t tell the people


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wingmenEvery time Justin Katz and I tape a Wingmen segment, we find new ways to disagree. But we also find these not-inconsequential areas of agreement too.

This week we debated whether Obamacare is working (guess who suggested this topic!) and Katz articulates well where we agree on health care policy:

“What government is there to do is to say if you need help this is what these programs are set up to do,” he said. “If you need help this is a place you can go to find help.”

But he thinks the government-funded advertisements are going too far. I don’t. Especially given that conservatives like Katz are actively trying to subterfuge the program with their own ads and commercials. But leaving that aside, austerity by way of information asymmetry is a truly perverse political assertion.

Me: “I honestly think it’s unconscionable to try to keep that information from people. That’s not a cool way to save money.

Justin: “Taking people’s money to give it away to people who didn’t know they needed it is not conscionable.”

Watch the video to hear how loud Katz bangs on the table as he talks!

News, Weather and Classifieds for Southern New England

Obamacare is working in RI, says state stats and Senator Whitehouse


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HSRI-changes-ad-v6If you’re wondering why you are no longer hearing that dull roar from conservatives about the failed state of American health care, it’s probably because Obamacare is working.

That’s what the latest statistics from HealthSourceRI indicate.

Here’s what ProJo health care reporter Felice Fryer wrote yesterday:

Medicaid enrollments in Rhode Island are soaring, with 35,821 people newly signed up as of Feb. 8 — way ahead of projections.

Additionally, enrollment in private insurance through HealthSource RI continues to accelerate; 16,512 signed up as of Feb. 8, up from the previous month’s cumulative total of 11,770. Rhode Island has already exceeded the Obama administration’s target of 12,000 by March 31.

Nationwide, more than 3 million Americans have enrolled in health care exchanges across the country, according to a press release from Senator Sheldon Whitehouse.

“The numbers in Rhode Island and across the country send a clear message: Obamacare is working,” he said yesterday in a prepared statement. “I hope Republicans will look at these numbers and realize that the health care law is making a difference for millions of Americans, and that it’s time to stop re-hashing old arguments over a law that is now settled.”

Julian days and Healthcare.gov


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julian daysThere is a great deal of gnashing of teeth going on about healthcare.gov, the Obamacare portal for people who live in a state that refused to create its own exchange.  I’m sure that some of the well-reported woes of the web site are deserved, but it seems fairly obvious that a large number of the commenters, and the complainers, have little idea what they are talking about.

I have no direct knowledge of the software behind healthcare.gov, neither of the team behind it, or the technologies they are using.  But I do have some expertise in web sites, software, and data management, acquired over 28 years consulting in the software industry at many different companies, and there are some things that are being said that are just plain wrong.

To begin with, the health care exchange is not “just” a web site.  It is a system that has to communicate data between lots of different insurance company databases very quickly.  You can’t get a quote from a dozen different insurance companies to appear in any other way.  This means that a dozen different insurance company databases have to be equipped to provide that kind of real-time response to a query.

To anyone who has spent time thinking about data, this is already the knell of trouble.  To anyone who is counting how many insurance companies in how many states this system must deal with, this sounds much worse.

First, a tale.  Back in the early days of working with data, I ran across a measure of time you frequently see in science data, the “Julian” day.  The idea here is that dealing with months and years is kind of a pain when you want to draw a graph, so let’s just number the days from the first year and ignore the months and years, and things will be much simpler.  It’s not a terrible idea, until you want to exchange your data with someone else.

At that point, you discover that you were counting days from January 1, in the year 1, and they were counting them from the year zero.  You point out that there wasn’t a year zero, but they say it makes the math work out better. Or you discover that you were using the days as a measure, so that day 2.5 means noon of the third day, whereas they said that day 2 was the second day and day 2.5 is nonsense.  Or you discover that though it says Julian days, they were counting leap years on the Gregorian calendar so your counts are two weeks off theirs.  Or you discover that you were using local time, and they were using Greenwich time. Or you find yourself looking at satellite data, where measurements can be taken from two or three different days within any 24-hour period.

I ran across this issue because for a number of years I contributed to a science data project, meant to normalize access to a whole lot of oceanographic and other earth science data.  Even beyond questions of data units, there were structural problems with interoperability, too.  There were two widely-used data sources in that project that, given the constraints involved, turned out to be impossible to reconcile.  Which is astonishing, since they were data measuring more or less the same things about the oceans.  But one of them had been created by scientists who believed the data ought to be accessed a small bite at a time while the other had been created by scientists who believed you should get big chunks at a time.  

These guys had made design decisions early on that made working together utterly impossible, and with the best will in the world, the two could not be reconciled to work in real time without one team essentially scrapping its original design and putting in a lot of work while the other team sat around and waited for them.  Try as they might, there was no middle ground because neither one wanted to give up their design.

These are some of the lessons I learned:

  1. In data, even when people are talking about the same thing, they’re not necessarily talking about the same thing.
  2. Even when people want to work together, design decisions made in the distant past might make it difficult.  
  3. When two teams have to choose between their approaches, there is very seldom middle ground.  One team gets to do all the work to convert to the other’s approach, while the other team sits around and makes snide comments.
  4. No engineer thinks another engineer’s approach to a problem is worth a dime. 

Now think about trying to resolve problems like this among a few hundred databases run by insurance companies who are not necessarily going to be the most cooperative folks out there.  Think about it: you’re an insurance company IT executive and the healthcare.gov folks ask you if you might change the format of your data reporting to coordinate with the other companies in your state.  Your immediate response?  Why should we change and not them?  That’s more work for us and besides our system was designed better.

So not only are the healthcare.gov folks working against a few hundred different design decisions, but they’re also counting on having been able to anticipate all the data entry errors that might be lurking in hundreds of databases out there, and hoping that everyone has decent support staff, too.  

On top of that, healthcare.gov also has to interact with a handful of databases from other government departments, so there are similar problems on that end.  For those who sneer that the private sector would have gotten it right, let me tell you another time about my work on the airline reservation system that never got built, or the credit card database whose books didn’t balance, or the speech recognition system that couldn’t distinguish between “pizza” and “tractor.” 

In other words, big systems are complicated.  It is a scandal that the federal exchange isn’t ready yet, but no one should underestimate the social, technical, and management challenges faced by the team putting it together.  When you hear someone who says healthcare.gov is “just” a web site, you are hearing someone who does not care to understand the problem.

The good news is that there is little reason to doubt that most of the problems will find workarounds soon.  The issues are difficult, but the need is there to resolve them, and they will be resolved.  By this time next year, the glitches will be a memory, and it often seems that is what some of the critics fear most.

National wingmen: Sheldon takes on Ted Cruz


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crossfireRhode Island progressive hero Sheldon Whitehouse took on Texas tea party scourge Ted Cruz on Crossfire last night debating the merits – or, more to the point, the lack thereof – of the government shutdown.

“Everyone that I know in Rhode Island knows the difference between negotiating and negotiating while holding hostages,” Whitehouse said. “I really think it is important that we do our level best to both take away the threat of the debt limit  and reopen the government then everything is on the table, of course it is, but we want to negotiate like Americans without guns to our heads.”

For a local version of this very same debate, Justin Katz and I will be squaring off on the same topic today on the Wingmen segment of 10 News Conference. I’ll post that later today, in the meantime, enjoy the national version via CNN:

Wingmen: Obamacare


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wingmenLike most of Rhode Island, I wish we were debating a single payer health care system. But instead Justin Katz and I debate Obamacare and the new health insurance exchange in Rhode Island. As they used to say in Brooklyn, wait ’till next year…

Here it is – an extended 10 minute version of NBC 10 Wingmen – exclusively for the web. I hope you enjoy watching Katz and I disagree more than either of us enjoy actually doing it!!

News, Weather and Classifieds for Southern New England

Obamacare a boon for women


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HealthSourceRIDue to the provisions of the Affordable Care Act, aka Obamacare, millions of women will have expanded health care options and reduced health care costs. For the first time in their lives, many women will find themselves able to access decent and reliable health care for themselves and their families.

Starting October 1, millions of Americans will be able to enroll in new affordable health insurance plans through state level marketplaces set up by the health care law. In Rhode Island the website can be accessed at HealthSourceRI and there is a customer service staff available at 401-222-5192. How affordable are these plans? Millions of Americans will be able to find coverage for as little as $100 a month.

Under Obamacare access to affordable health insurance will become available for the nearly 12 million women of reproductive age (including nearly two million African-American women and more than 2.5 million Latinas) who will be newly eligible for insurance coverage. Already more than three million young adults continue to be covered under their parent’s health care plans until the age of 26. Also, more than four million women will be eligible for tax-credits, making their insurance even more affordable.

Over 20 million women have already received care without co-pay that they previously had to pay for, and over 24 million women covered under Medicare can now receive access to basic preventive care at no cost, including birth control, cancer screenings, well-woman exams, and screenings for diabetes and high blood pressure.

Women will no longer be charged higher rates simply for being women, and insurers will no longer be able to deny coverage because of “preexisting conditions” such as breast cancer, high blood pressure, or diabetes. Some insurers have even claimed that being pregnant or a victim of domestic abuse counts as a preexisting condition, but no longer.

Under Obamacare women will have guaranteed access to an OB/GYN provider without having to seek the permission of the insurance company. Women will have their choice of doctors. Additionally, all employers and insurance companies (except for churches and other places of worship who decide to opt-out on religious grounds) are required to cover contraception without any additional co-pays.

Too often women are confronted with impossible economic decisions; having to choose between basic health care and other life necessities. Under Obamacare some of this economic worry will be alleviated. Serious illness will no longer lead inevitably to economic ruin, access to preventive medicines now can avoid more costly interventions in the future, and families will have one less thing to worry about economically.

According to the Economic Progress Institute, an estimated 45,000 single adults with income below $16,000/year will be eligible for free health insurance through Medicaid, and another 44,000 Rhode Islanders who do not have affordable health insurance through their jobs can enroll in commercial insurance through Health Source RI and pick a plan that fits their needs and budget.

The Affordable Care Act changes the landscape of healthcare for women in Rhode Island. Under the new law women and men are equal when it comes to insurance coverage, a great advance towards real equality. The greater economic stability women will have as a byproduct of Obamacare will open up new economic and career opportunities for many.

October marks a great step forward towards accessible and affordable healthcare for women, and we should be celebrating this landmark. Ten years from now we will all look back and wonder that families could function economically at all in an era before the arrival of Obamacare.

Health care, medical costs and quick decisions


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healthcareIt’s 7:00 in the evening. You, a Rhode Island resident, are at the mall in Attleboro. You’re out to dinner in Seekonk. You’re on vacation on the Cape. Suddenly, your teen-age child collapses, unconscious.

What do you do?

Do you call an ambulance? The child is unresponsive. His eyes are rolled back in their sockets. He appears to be breathing shallowly. I repeat: what do you do?

Do you call 911? Or do you try to assess whether the situation is dangerous, whether you should try to take him to the hospital yourself, or whether you should just take him home and call a doctor in the morning? Which do you choose? And no, you’re not a doctor, and no, you don’t even play one on TV.

Some would suggest we should choose the latter route. Or, if we decide to go the ambulance route, we should call several providers, trying to see who has the best price, then see if we can haggle it downward a bit. Or maybe ask if they’ll take a chicken as a discount. In the meantime, your child is still unconscious. But being the hyper-rational homo economicus that you are, you pull out the copy of the local yellow pages you always carry in case of situations like this, or you use your smart phone to search the web for the local services, and then you coolly work the market and see what sort of price you can get.

OK, you’ve done that, only to find that the best deal you can get is $2,999.99. Now, you have insurance, but it will only cover 80% of the charge after the deductible is satisfied, and only if the situation is deemed an emergency. Well, your kid is unconscious; does that, in and of itself constitute an emergency? Are you a doctor? No. Do you have a clue whether it’s truly an emergency? No. And, 20% of that ambulance bill still comes to $599.98, assuming that everything goes as planned, that your deductible has been met, and the insurance will actually cover the 80%.

So what do you do? Does this change your behavior?

And remember: you get your insurance through your employer, so it’s not like you can negotiate your own deal with the insurance company. And that’s a good thing.

And what if your checkbook balance is somewhere south of $800 at the moment, and you still have to make the car payment? That $599 will take a pretty good bite out of that. If you’re making RI median, your next check will come in somewhere between $1200 & $1300 (depending on deductions, etc). And remember, this is just the ambulance. If you do go to the ER, there will be a plethora of other charges: for tests, x-rays, CAT scans/MRIs, physician services, and so on.

One thing that’s important to remember is that something like an ambulance, or an ER, has to be staffed and prepared at all times. An ER will probably use its facilities on a fairly constant basis, so there isn’t a lot of down time. That is not necessarily true for an ambulance. Maintaining and staffing that ambulance 24/7 costs money. Now, if you depend on paying for the ambulance by billing the people who use it, a significant part of the bill will be for maintaining that service when it’s not in use. So that means the price has to be a lot higher than just the cost of that particular run. A lot higher.

Now, we could subsidize the ambulance service as a common good; but that means taxes have to go up to pay for that. Since people who decide the level of taxes probably don’t have to worry about a couple of grand if they need an ambulance, they won’t see the point of having to pay taxes all the time to support an ambulance service that they may never need. Let the people who need it pay for it. Sounds ever-so-sensible. So the poor schnooks who do have to worry about having to pay a couple of grand for an ambulance will pay for all that down time out of their pocket.

But that’s fair, isn’t it? If you make the bad choice and get sick, well, hey, you made that choice. No one put a gun to your head and made your kid pass lose consciousness.

So you go that route. You kid goes to the ER, gets half-a-dozen tests, and, thank the Lord, appears to be fine. So you all go about your business for another month or so. And then the bills (note the plural: bills) start to come in. The first is for the ER, and that’s around $4,500. But your insurance works as planned, so your only responsible for $900 (which is 20% of the total). Then there are the bills for the MRI, the blood tests, physician services, yadda yadda yadda. These clock in at another $1,500, so you only have to pay $300. So we’re over a grand already.

Then the ambulance bill comes. Oh, that was out of network. So sorry! You’re not covered!

So now you’re faced with the whole $2,999.99.

And the whole episode cost something like $9000 (Well, technically, $8,999.99, using the figures I’ve presented).

Now, how would you have acted when your kid collapsed? Would you have rationally balanced a potential bill of about $4,300 against some unknown ailment with unknowable consequences? Would you have considered the hole this was going to blow in your budget and said, “well, I have no idea what’s wrong with my kid, but maybe it’s not a big deal?” Or do you go the ambulance/ER route with no clue what it’s going to cost?

Would you have done anything differently?

Rowley on Madison

A common rhetorical technique within the Tea Party right is to wrap their personal opinions in those of the Founders, lending an air of gravitas and implying that those revolutionaries would, in modern days, hold opinions identical to their own.

There’s certainly much there to choose from. The Founders were nearly entirely of a class of wealthy landowners, at times more concerned with the protection of property rights than with the protection of what we’d today consider representative democracy. But often the quotes they select reflect only their lack of understanding of what was actually being written, a case of “I found it on the Internets so it must be true.” The latest example comes from local fringe-right darling and GoLocal “Mindsetter,” Travis Rowley. Writing about what he calls the complete disaster of Obamacare, Travis picks this gem:

It will be of little avail to the people if the laws are so voluminous that they cannot be read, or so incoherent that they cannot be understood.  – James Madison

Good one, eh? But what was Madison actually talking about when he wrote that? The full quote might surprise you:

The internal effects of a mutable policy are still more calamitous. It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?  — The Federalist No. 62

In fact, Madison was warning of the “mischievous effects of a mutable government” and the dangers of frequent and complex changes to federal law. Yes, what a calamitous thing it would be if the Affordable Care Act were repealed or revised before it is promulgated! It’s hardly worth reading the rest of an opinion piece that begins with a quote skewering the central premise.  But wait a minute, Russ, was Madison saying we should allow bad laws to stay on the books?  If fact, that’s exactly what he was saying with regard to such “great improvement[s] or laudable enterprise[s]” that “[require] the auspices of a steady system of national policy.”

The mutability in the public councils arising from a rapid succession of new members, however qualified they may be, points out, in the strongest manner, the necessity of some stable institution in the government. Every new election in the States is found to change one half of the representatives. From this change of men must proceed a change of opinions; and from a change of opinions, a change of measures. But a continual change even of good measures is inconsistent with every rule of prudence and every prospect of success. The remark is verified in private life, and becomes more just, as well as more important, in national transactions.

Agree or disagree with the law, but there’s little question that changes or repeal would have chaotic effect on the industry. Indeed, as Madison concludes, “What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed?” That ship has sailed, so at least for now Teapublicans like Rowley should learn to live with it.

Romney Lauds RI, But Would Cut State Medicaid


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You probably listened with great interest in the debate Monday night when Mitt Romney complimented Rhode Island for running its innovative Medicaid program better than does the federal government. This may be true, and Rhode Island certainly deserves credit for its well-run, innovative Medicaid system.

But as it turns out the Romney/Ryan plan for Medicaid would be detrimental to Rhode Island’s well-run, innovative Medicaid system.

According to an article in the Huffington Post today:

Republican presidential nominee Mitt Romney cited Arizona and Rhode Island as models for a redesigned Medicaid system that states control during his debate with President Barack Obama Monday. What Romney didn’t say is that his own plan would slash funding for the program in those states along with the rest of the country.

…Romney supports a plan that would reduce federal Medicaid funding for states by 38 percent. Arizona and Rhode Island, like other states that have reformed Medicaid with federal approval, did so by tapping funding above what Romney’s proposal would allow.

And an article in Politco today puts it this way:

The Romney Medicaid plan would cap the growth of the program’s spending to the consumer price index plus 1 percent and essentially give states a lump sum to spend as they see fit. The Rhode Island and Arizona Medicaid programs, while enjoying more flexibility, are still backstopped by the federal government.

“We’re really talking about two different things,” said Judy Solomon of the left-leaning Center for Budget and Policy Priorities. “We’re talking about a proposal for huge cuts for federal funding, versus states that have used [federal Medicaid] waivers to do things a little bit differently.”

Rhode Island’s 2009 Medicaid waiver has become a political football in health policy circles. Conservatives who’d like to see states completely take over the program are eager to point to Rhode Island as an example of a block grant that’s working. Liberals argue the Rhode Island program doesn’t count as a real block grant because it doesn’t have the same fiscal constraints. They contend the GOP plan would slash Medicaid spending and cast millions off the program’s rolls.

In the case of Rhode Island, the Global Waiver it obtained in 2009 wasn’t intended to control costs, as a Lewin Group report commissioned by the state explained last December. “The Global Waiver is not a block grant meant to control costs but a demonstration aimed to improve health care quality built on the core foundation of shared state and federal costs,” the report said. The feds still have oversight and approval powers for program spending.

Think Progress quotes the Congressional Budget Office’s analysis of the plan:

A Congressional Budget Office analysis of Paul Ryan’s proposal to block grant Medicaid found that if federal spending for Medicaid decreased, “states would face significant challenges in achieving sufficient cost savings through efficiencies to mitigate the loss of federal funding.” As a result, enrollees could “face more limited access to care,” higher out-of-pocket costs, and “providers could face more uncompensated care as beneficiaries lost coverage for certain benefits or lost coverage altogether.”

It’s great that Mitt Romney thinks more states should run their Medicaid system like we do, but it’s not so great that if he were elected presidents he’d make it so our Medicaid system wouldn’t run as well as it does.

The John Roberts Moment


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Surprisingly nearly everyone – especially CNN – the Supreme Court upheld the most controversial aspect of President Obama’s historic health care reforms: the individual mandate. It’s incredibly good news for Obama, Democrats, progressives, Rhode Island (which is already well into the process of implementing it) all the uninsured and under-insured Americans (like me!), the country and its economy.

The hero today, though, is a conservative.

Even more surprising than the outcome is that Chief Justice John Roberts, a George W. Bush appointee to the bench, broke ranks from his fellow conservatives and wrote the majority opinion that upheld the individual mandate. It’s being called the John Roberts Moment.

According to the New York Times, Roberts’ judgment was in part a recognition that the court has “a general reticence to invalidate the acts of the Nation’s elected leaders.”

And ironic comment, given that the Roberts Court is best known for invalidating the acts of the Nation’s elected leaders!

But Roberts, more than the rest of the SCOTUS, was taken to task for exercising judicial activism and overturning precedent with the Citizens United decision. In fact, NPR quotes Rhode Island’s own Senator Sheldon Whitehouse admonishing the court for its lack of logic on Citizens United in an article largely critical of Roberts:

But critics of the court say it took a narrow question — whether a TV-on-demand documentary about Democrat Hillary Clinton could be shown in the weeks leading up to the 2008 presidential primaries — and answered it by vastly easing restrictions on corporate campaign spending.

“The court got way, way, way ahead of its skis here,” says Sen. Sheldon Whitehouse, a Rhode Island Democrat. He has filed a friend of the court brief demanding that the high court reverse its Citizens United decision.

“It was a decision they were so eager to make, but now I think they’re embarrassed by the wild discrepancy between the world as they presumed it in their written decision and the world as we see it around us, post-Citizens United,” he says.

Maybe John Roberts realized that the winds were turning on his court’s quest to remake the country in the mold of the strict Constitutionalists?

It wouldn’t be the first time that Roberts allowed perception to dictate how the High Court determined a decision. Here’s a excerpt from Jeffrey Toobin’s New Yorker article about the Citizens United decision.

“Roberts didn’t mind spirited disagreement on the merits of any case, but Souter’s attack—an extraordinary, bridge-burning farewell to the Court—could damage the Court’s credibility. So the Chief came up with a strategically ingenious maneuver. He would agree to withdraw Kennedy’s draft majority opinion and put Citizens United down for reargument, in the fall. For the second argument, the Court would write new Questions Presented, which frame a case before argument, and there would be no doubt about the stakes of the case. The proposal put the liberals in a box. They could no longer complain about being sandbagged, because the new Questions Presented would be unmistakably clear. But, as Roberts knew, the conservatives would go into the second argument already having five votes for the result they wanted. With no other choice (and no real hope of ever winning the case), the liberals agreed to the reargument.”

That’s not to say that Roberts allowed his court’s legacy to trump his reading of the law in this case, but just to point out that even Supreme Court justices play a little politics.

Progress Report: SCOTUS on Obamacare, State House Campaign Roundup, High Finance Journalism


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The nation, and Rhode Island for that matter, turns its attention to the Supreme Court this morning as the justices are expected to release their decision today on President Obama’s signature act as chief executive: health care reform. The New York Times says the landmark legislation affects “nearly every American from cradle to grave.”

Depending on what the Court does with regard to the individual mandate portion of the law, this could prove a pivotal ruling in the history of and future for the United States. Sound overly dramatic? It’s actually understated.

Way back in early April, we reported on how the SCOTUS’ ruling could affect the health care exchange here in RI.

An extremely important side narrative here is whether the High Court is seen as interpreting the law and the Constitution or, as has been increasingly the case with the Roberts Court, the justices are perceived to be operating as political rather than judicial actors. As bad as an unsustainable health care system is for the country, an politically-motivated Supreme Court is far, far worse.

…Stay tuned…

Thanks to Kathy Gregg and the Projo for the great round-up on the campaigns for seats in the state legislature this morning.

One of my favorite races to watch is Laura Pisaturo vs. Michael McCaffery for a seat representing Warwick in the state Senate. McCaffrey, the incumbent, has been a major impediment to marriage equality in the Ocean State. Pisaturo, the challenger, is a lawyer and a lesbian.

Also … RI Future contributor Mark Binder is challenging House Speaker Gordon Fox. Fox is a center-right Democrat and Binder a died-in-the-wool progressive.

Another very interesting contest pits two incumbents against each other in East Providence: Senate Finance Chairman Dan DaPonte has to defend his seat this year against Rep. Bob DaSilva … Here’s the meta-narrative for this race: DaSilva, a police officer who voted against pension cuts last year, is looking out for organized labor more than residents. DaPonte, a lawyer who sponsored the controversial but rarely discussed pay-bondholders-before-Rhode Islanders bill, is looking out for Wall Street more than residents.

By the way, what does it mean for Rhode Island that its political journalists report more on what Moody’s thinks of the state’s school funding formula than it does local cities and towns? I think it means we’ve become a little too focused on high finance and a little tone deaf to what’s actually happening here on the ground.

That said, Ian Donnis picks up on an interesting aspect of the state’s school funding formula through the Moody’s report: “The biggest single-year percentage increases in education aid are in Barrington, East Greenwich, Lincoln, Cranston, and New Shoreham. The biggest losers are Chariho, Portsmouth, Bristol-Warren, South Kingstown and Central Falls.”

And speaking of the world of high finance, the 1 percent meme has made its way into comic book culture, reports the Associated Press: “Whereas the so-called One Percent is blamed for having a majority of wealth at the expense of the other 99 percent, in Valiant Comics’ upcoming ‘Archer & Armstrong,’ it’s a secretive and sinister cabal of money managers and financiers willing to sacrifice more than jobs for profit – human lives, too – to steer the fate of the world for their own gain.”


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