Senate Health Reform Bill Released; Procedural Vote Expected by Thanksgiving

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Senate Democratic leaders released their version of health reform legislation and set the stage for what is likely to be a dramatic debate in the Senate over health-care. 

The new bill (HR 3590) reflects Senate Majority Leader Harry Reid’s (D-NV) melding of Senate Committee-passed measures as well as a series of concessions Senator Reid made to different groups of Senate centrists - some worried about the role government would play in a retooled health marketplace, others concerned about the bill’s cost - in an effort to gain their support.

The result is a measure that would cover fewer people than the House bill (it is estimated that 6 percent vs. 4 percent in the House bill would be left uninsured) and would cost more than $200 billion less than the House health reform measure. 

Of importance to the physician community, the Senate bill includes a provision that would avert the planned 21 percent Medicare payment cut next year through a one-year fix of the Medicare physician payment formula that would increase payment rates by 0.5 percent. This measure was separated out of the House bill although a similar proposal that also includes long-term changes to increase physician payment is being voted on in the House on November 19.

Other major provisions in the Senate measure include:

  • Public Option - The bill would create a government-run insurance program, but would give states the right to opt out. Health-care providers would negotiate payment rates with the government.
  • Individual Mandates - The bill would require most people to obtain health insurance or pay a penalty.
  • Employer Mandates - The bill would not require employers to provide health insurance. The bill would charge companies with over 50 employees a penalty if they have workers who receive government subsidies to purchase coverage through the exchange.
  • Insurance Exchange - The bill would set up health insurance exchanges to help those newly required to get insurance shop around. Exchanges would open in 2014, a year after the House plan. Plans offered in the exchange would have to meet minimum requirements set by the government.
  • Financial Assistance - The bill includes subsides to help cover those earning up to 400 percent of the federal poverty level - currently $88,000 per year for a family of four - and expands the Medicaid program to include those making 133 percent of the federal poverty level.
  • New Taxes - The bill would impose a 40 percent tax on high-cost health insurance plans, charge a 5 percent tax on elective cosmetic surgery, and would increase Medicare payroll taxes on individuals earning $200,000 a year and couples earning $250,000.
  • Abortion - The bill includes a provision to prevent any federal funds to be used for abortion in the public option.
  • Medicare Changes - The bill would reduce Medicare spending by approximately $323 billion over 10 years, reduce payment to private insurance plans, and provide $500 to Medicare beneficiaries to pay for prescription drugs not currently covered because of cost.

Next Steps

A key procedural vote on the Senate bill is expected to occur Saturday, November 21. The Democratic leadership needs 60 votes to allow consideration and votes on the bill, which would require support by all members of the Democratic Caucus. Some Democrat senators continue be classified as “fence sitters.” Senators Mary Landrieu (D-LA), Ben Nelson (D-NE), and Blanche Lincoln (D-AK), for example, have expressed opposition to a central feature in the Senate bill, the creation of a government-run plan or “public option” to compete against private insurers. In addition, Senate Finance Chairman Max Baucus (D-MT) has had to attend to his sick mother, which raises the question of whether the vote could be held as planned or would instead be postponed. Senators have also been instructed to plan to remain in session until December 24.

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