March 13, 2011 in City

Health care splinters GOP in Washington

While Republican attorney general fights law, state Senate OKs changes
By The Spokesman-Review
 

On the Web: Follow legislative news at spokesman.com/spincontrol.

OLYMPIA – Federal health care reform may be among the most controversial issues in the nation. In many ways Washington state could be considered ground zero for that partisan debate.

Republicans in Congress have vowed to repeal it, with Eastern Washington’s Republican Rep. Cathy McMorris Rodgers sponsoring an amendment to keep any money from being used to implement the 2009 law. The state’s Democratic senators, Patty Murray and Maria Cantwell, are big supporters of the law and say it can help ease the state’s growing Medicaid costs.

Washington Attorney General Rob McKenna, a Republican, last year joined a lawsuit seeking to block the federal mandate to buy health insurance. Washington Gov. Chris Gregoire, a Democrat, joined the federal government to support the law, saying the state will be worse off without it.

So if the Legislature considers a proposal to change Washington’s health care laws to conform with the federal Affordable Care Act, the vote should split predictably down party lines, right?

That’s not what happened last week, though. The Senate voted 45-4 to revise state law to line up with new federal rules such as banning insurance companies from rejecting children and teens for pre-existing conditions, covering dependents on their parents’ insurance through age 26, and lifting lifetime benefit maximums. The bill has been sent to the House for consideration.

Although all no votes came from Republicans, the GOP leadership voted yes and the bill passed with almost no debate.

One of the four no votes, Sen. Mike Baumgartner of Spokane, said, “There’s no reason for the state to rush headlong into Obamacare. Why put the federal government in charge of one-sixth of the economy?”

Senate Minority Leader Mike Hewitt of Walla Walla, however, said, “I think there are many things about Obamacare that are palatable.” The Senate bill covered some of those things, like the pre-existing conditions regulation. What it didn’t cover likely was a big reason for the broad approval – an individual mandate to buy health insurance or pay a fine. That mandate doesn’t become law until 2014, so there was no need to make it part of this year’s proposed changes.

“There are differences of opinion among key elected officials in the state on the mandate,” Sen. Mark Schoesler, R-Ritzville, said in measured understatement.

The mandate is what McKenna cited when he joined the federal lawsuit in Florida that eventually totaled 26 states’ attorneys general or governors. While many aspects of the Affordable Care Act may be good policy, the federal government has no constitutional authority to require its citizens to buy health insurance, he said.

Although he believes the federal courts should reject the mandate and keep other parts of the law, that’s not what happened. U.S. District Judge Roger Vinson in Florida ruled that the whole law is unconstitutional.

Any implementation of the law should be halted, Vinson ruled in January.

Democrats quickly criticized McKenna for getting more than he said he bargained for.

Gregoire filed a motion asking Vinson to recognize that while McKenna is challenging the new health care law, other Washington officials defend it.

Washington’s dichotomy was one reason Vinson listed for issuing a stay to his order this month.

“There is even disagreement within the plaintiff states,” he wrote. While McKenna was among the plaintiffs who asked that he stop the federal government from implementing the law, “the governor of Washington has just filed an amicus brief specifically opposing that request.”

Vinson acknowledged that other judges have reached other conclusions about the law – two have ruled it constitutional while a third has said the mandate is unconstitutional but the rest of the law is not – and said the whole issue is clearly something that has to be decided by the Supreme Court, the sooner the better.

Partisans on both sides found reason to declare victory in Vinson’s stay. Gregoire said it showed Vinson recognized that the new law benefits businesses, allows children to stay on their parents’ health care until 26 and prohibits people from being denied coverage for pre-existing conditions.

“The Affordable Care Act is the most important step in achieving affordability and access to health care,” she said.

McKenna accused Gregoire and other Democrats of “demagoguery.” In a guest column for the website Crosscut last week, he wrote that Congress knew a major change in the law would be challenged, yet it removed the severability clause that would have protected any provision not specifically thrown out by the courts.

While four courts have split on whether the law is constitutional, not one of them has called the challenges frivolous, “the charge that several state and federal elected officials and law school academics hastily and erroneously hurled at the states’ lawsuit,” McKenna wrote.

30 comments on this story so far. Add yours!
  • berrybestfarm on March 13 at 8:11 a.m.

    As a state we do seem to epitomize the debate on the health care law. The consensus seems to be that much of the health care law is worthy while the mandate to purchase insurance is unconstitutional. The question is do we throw the baby out with the bathwater—scrap the whole thing and start over? Or, do our elected representatives get to work and fine tune it? Laws almost always include a sevrability clause (if one part is found to be invalid the rest still stands) but for some reason, not this one. Probably because the writers knew the problems caused by the individual mandate and that the whole thing falls like a house of cards without it. It needs to get to the Supreme Court for a final determination. If the Supremes rule we can be forced to give our money to for profit companies for the “privledge” of existing…well, I can’t even find words for the raping of our rights that would be. It’s a shame this was rolled out the way it is. The overall goals are good.
    Dennis Patterson—Deer Park

  • hawken on March 13 at 8:26 a.m.

    Throw it out and start over.

    It was rammed down our throats by a Democrat government that didn’t even read the bill before they passed it.

    The latest Rasmussen Reports national telephone survey of Likely Voters shows that 54% favor repeal of the law, including 44% who Strongly Favor repeal. Thirty-nine percent (39%) oppose repeal of the law, including 31% who are Strongly Opposed.
    http://www.rasmussenreports.com/public_content/politics/current_events/healthcare/health_care_law

    …Former Congressman Ernest Istook testified before the House Energy and Commerce Health Subcommittee about the $105 billion slush fund in advance appropriations liberals tucked inside Obamacare. The $105 billion bypasses the traditional yearly budgeting process and is spread throughout the 2,700 page legislation. It took the Congressional Research Service (CRS) seven months to identify all the disparate funds and it was not until February (11 months after the bill passed) that all of the funds could be totaled up.

    Rep. Michele Bachmann (R-MN) has been beating the drum to raise awareness of this unprecedented level of advance spending. But the liberal media has been attacking her for calling it “hidden” funding. In reality, Rep. Bachmann said that “practically no Member of Congress even knew that $105 billion of funding was” in the bill. FactCheck says that this funding was known to “those who read the bill … including members of Congress.” But does FactCheck really believe that any member of Congress read all 2,700 pages of the bill? Do they have any evidence at all that any member of Congress knew about the $105 billion figure before CRS published their report this February?

    But more importantly, in their attempted take down of Rep. Bachmann, PolitiFact, FactCheck, and The Washington Post Fact Checker all confirm her underlying charge: the $105 billion exists. Poltifact writes: “We added up the spending Bachmann was referring to and got $104 billion — very close to her number.”
    http://blog.heritage.org/2011/03/09/politifact-factcheck-and-wapo-all-confirm-the-105-billion-obamacare-slush-fund-exists/

    Obamacare was a financial train wreck before the calculated $105 Billion slush fund was discovered.

  • greyhound2 on March 13 at 8:31 a.m.

    A tempest in a teapot. The alledged reform does little to change the private for-profit health care system from its current ranking as the most expensive system in the world (16% GDP) with a quality ranking of a miserable 37th place, according to the UN WHO. The country which is first place in quality does so at only 8% GDP, or about half the cost. The chief impediment to progress is the medical-industrial complex itself, whose drive is turning sick people into profit centers. To call them a bunch of blood sucking vampires is too nice a term.

  • mikeln on March 13 at 8:54 a.m.

    We can fight contract wars for profit yet not provide affordable health care to our people. Time to rout the facists that are in control of the peoples government and send them packing. Stock up, it’s going to be a interesting year.

  • Bruce (aka thatoneguy) on March 13 at 9:02 a.m.

    Dirty bathwater is gross. You can always have another baby.

  • SpokaneLiberal on March 13 at 9:15 a.m.

    I don’t particularly care for Obamacare, but the mandate is a Republican idea. They pitched it in response to Hillarycare and they used it in Medicare D. While I want my universal healthcare system Obamacare IS the Republican plan from the 90s. And unless Medicare D is also unconstitutional it is not.

    But if this country really wants innovation and competitive and creative business it needs government paid universal health care. At the moment so much economic potential and talent is wasted because people take and stay in jobs they don’t like or are better used elsewhere because they need healthcare for themselves and their family and they cannot afford to pay for it while starting a business. If you remove the likelihood that people will go bankrupt from medical bills and eliminate the risk associated with having no healthcare while starting up the country and the economy will see a huge benefit. Many/most businesses will have their costs go down even if their taxes went up. The only ones that won’t are the ones that are currently screwing their employees with no healthcare. Many of these businesses will fail, but also many won’t and will add economic vitality and more jobs. People will be more likely to bid themselves to their full economic potential if the threat of no healthcare wasn’t so real.

  • Pat O'Leary on March 13 at 9:19 a.m.

    More original thoughts from the computer of the cut and paste king…………Hawken, and it might be added…….. his primary source, the Heritage Foundation.

  • Scoutster on March 13 at 9:31 a.m.

    This is how policies become laws become daily life.

    The law will never be repealed because too much of it is about to be slotted into our lives.

    A health care bill in THIS Senate that passes 45-4 must have been a no-brainer.

  • reservedparking on March 13 at 9:37 a.m.

    And quoting Bachmann, of all people…

  • danielstolle on March 13 at 9:52 a.m.

    The Affordable Health Care Act is a very bad bill and it needs to be repealed.The bill is hurting hospitals,clinics and patients.This bill only has one good thing in it and that is about the pre-existing conditions.The did not cover torte reform and letting insurance companies cross state lines to sell insurance.My wife works at a hospital and the hospital may be forced to lay off more hospital employees because of The Affordable Health Act.

  • liberal_in_right_wing_land on March 13 at 11:14 a.m.

    Yes Hawken, the Heritage Foundation is a great non-partisan source to quote.

    Come on man, really? I know your a tool for the right wing but even you can do better than just copying and pasting from a site as crazy at the Heritage Foundation and try to pass that as normal and factual. I mean really…..MICHELE BACHMANN…..SERIOUSLY!!!!! Your argument lost ANY credibility by that source.

  • hawken on March 13 at 11:58 a.m.

    Liberal: do you think NPR, MSNBC, NBC, CBS, ABE, CNN, et al; is going to publish those facts?

    Plus, you and other liberals apparently missed this part of what I posted:

    But more importantly, in their attempted take down of Rep. Bachmann, PolitiFact, FactCheck, and The Washington Post Fact Checker all confirm her underlying charge: the $105 billion exists. Poltifact writes: “We added up the spending Bachmann was referring to and got $104 billion — very close to her number.”

    Shooting the messenger does not void the facts. Since you cannot refute so many sources, and the corroboration of the facts, you fallaciously try to discredit the Heritage Foundation and Bachmann. Just another, typical, “Red Herring” in an attempt to divert attention from the facts and change the subject.

  • among_sheep on March 13 at 12:09 p.m.

    Liberal & Pat O’Leary,

    Instead of attacking hawken personally (a tactic common among liberals toward those who don’t agree with their perspective), how about some alternative EVIDENCE for your point of view? What’s wrong with Heritage? Some would accuse NBC of the “bias” you’re implying. What’s wrong with Bachmann’s comments? Many would say the same about Pelosi, Reed, or others, again suggesting bias without any prima facie support.

    If there’s to be a REAL policy debate, how about doing so without the “yeah, well YOU’RE a DUMB@SS!” argument? To attack personally simply demonstrates weakness of position and character.

  • Dazzeetrader11 on March 13 at 12:40 p.m.

    Unique and new view.

    http://www.humanevents.com/article.php?id=42226

    http://www.washingtonpost.com/wp-dyn/content/article/2011/03/11/AR2011031105815.html

    No matter how many fools vote for the bill, they still are fools.
    I hope McKenna keeps it up. Gregoire,Cantwell,Murray ( all women unfortunately) are simple tools of the far left.

  • lafleur10 on March 13 at 1:27 p.m.

    Hawken,

    The Healthcare Bill was debated for over a year. It was literally THE focus for Congress for the first year of the Obama administration (to the detriment of everything else). Health Insurance companies spent one BILLION dollars lobbying the bill. Big Pharm spend hundreds of millions lobbying the bill. All the cable news channels had 24-7 coverage of the bill. What in the world more did you want? Just because you lost the vote, doesn’t mean the process didn’t work the way it is supposed to.

    What moron didn’t read the bill? What idiot didn’t understand that AHCA was in essence the exact bill that Republican’s pushed as a counter to HillaryCare? I’m sorry, but why are you supporting a bunch of dolts that didn’t read the most important piece of legislation since the Civil Rights Act of 1964? (and if ONE YEAR constitutes “ramming it down our throats” I’d be fascinated to hear what you called the Iraq war and the WMD “debate” that didn’t exist because Repubs and Fox News claimed if you were against Bush on the war you were un-American??) The Healthcare debate was endless, it is just that your side didn’t bring a single idea to the table. Obama practically broke his freakin’ back bending over for the Repubs and they spurned him at every turn. Get over it. Your side brought literally NOTHING to the table and as a result this is the bill that was passed.

    As for your source, I don’t mind if you use the Heritage Foundation, but again, all it demonstrates is that people were too dumb to actually read the bill. Well, then don’t vote for them next time. That is how a democracy works.

    Finally, you can stop posting “polls” that discuss healthcare reform because as others continue to point out to you, including me, it depends on how the question is asked. If I was asked whether I would toss the entire bill, my answer would be yes if I knew that Single Payer was back on the table. Polls are incredible subjective depending on how the question is asked and don’t show a thing. Stop wasting our time with them.

  • johnclarke on March 13 at 1:44 p.m.

    danielstolle - “The did not cover torte reform and letting insurance companies cross state lines to sell insurance.My wife works at a hospital and the hospital may be forced to lay off more hospital employees because of The Affordable Health Act.”

    Both of the points you make have been clearly disproven over and over again; and perhaps you can explain how giving more people access to health care will force hospitals to lay off employees.

    lafluer - game set match. Thanks for saving me the typing.

    among_sheep - perhaps you should review a few posts. Facts have no affect on certain folks. We are talking about people that think Ronald Reagan balanced a budget. Clueless dreamers that can’t read don’t concern themselves with facts.

  • hawken on March 13 at 2:09 p.m.

    lafleur10

    Rammed through by a Democrat house, senate and president, while a significant majority of Americans were screaming against it.

    28 States have sued the Obama administration over the unconstitutionality of Obamacare, it has been ruled as unconstitutional, The Florida court has instructed the Obama administration to put it on the fast track to the U.S. Supreme Court, while other states have passed state legislation to block it from being implemented, and over 1000 waivers, to date, to date, have been given to unions and other Obama apologists since it was passed.

    Give me a break when you say it was debated!

    Even the hyper-liberal, then Speaker of the House, Nancy Pelosi didn’t read it before it was passed: “We have to pass it to know what’s in it.”

    You fool yourself and insult the American people, by assuming that the American people are so stupid, as you suggest.

  • hawken on March 13 at 2:12 p.m.

    Clarke,,,,, hugh? Have another MRE. Try the mac and cheese.

    You’re in way over your head.

  • Dazzeetrader11 on March 13 at 2:44 p.m.

    “What moron didn’t read the bill?” OBAMA didn’t. PELOSI didn’t. Reid didn’t. I did though. ALL versions.

    “What idiot didn’t understand that AHCA was in essence the exact bill that Republican’s pushed as a counter to HillaryCare?” Politics works like that. Repubs proposed a bill
    they knew would be a mess and doomed to failure. Thus Hillary’s and their would die..and this is exactly what happened. I’d know.

    ” I’m sorry, but why are you supporting a bunch of dolts that didn’t read the most important piece of legislation since the Civil Rights Act of 1964? ” lol..don’t be silly . Obamacare only was for 8% of the population. Important if you think a healtcare system 90% of America actually liked is being dismantled.

    It’s the control of American citizens and it’s the control of the money. Healthcare will suffer across the board. It’ll be unfunded AND it’ll be found illegal to force people to buy something they don’t need or want. It’ll cost Obama his Presidency along with unemployment and the economy. He’s an inexperienced dolt in high priced suits.

  • lafleur10 on March 13 at 6:07 p.m.

    Hawken - you keep saying “rammed through” but again it was debated for a YEAR. What more did you want? Anyone that paid even a minor amount of attention understood what was in the bill and we don’t even work in D.C. Just because it was passed doesn’t mean it wasn’t debated, it means that you lost the last election and have to accept what the winners agenda is. That is how it works in this country. We had to accept record deficits from Reagan and Bush II, two wars that had no plan for peace and were founded on information that was already debunked, and we had to accept deregulation that lead to the great economic downturn since the Great Depression. What did we do? 53% of American’s were fed up and threw the bums out.
    If everything you say is true, you will have your chance in 2012. Good luck with all the “candidates” you have lined up right now. Run Palin, Bachmann, Newt, Huckabee, Romney, etc. I dare you. If you can’t find better candidates, you better hunker down for another 4 years of Obama.

    Don’t even point to the partisan BS that 28 REPUBLICAN AG’s signed onto. It doesn’t “prove” anything except that REPUBLICAN’s don’t like the law that they tried to push in 1994. As for ONE Republican judge finding against the law, you simply ignore the 3 Dem judges that found it legal. Sorry, you lose 3-2. Nice try though, must be nice to simply ignore facts and pick the ones that support you without looking at contrary facts. Maybe Fox News is hiring.

    Daisy - Show me where anyone didn’t read the bill. Show me where the bill is going to cost more and hurt healthcare. Saying something doesn’t make it true. (and don’t believe everything you hear on Fox News - “Almost daily” viewers of Fox News, the authors said, were 31 points more likely to mistakenly believe that “most economists have estimated the health care law will worsen the deficit).

    http://mediadecoder.blogs.nytimes.com/2010/12/17/study-some-viewers-were-misinformed-by-tv-news/

    As for 90% of American’s liking their healthcare??? Where in the world did you make up that fact? Most people, regardless of party, agree that healthcare in this country is a mess. They simply disagree what the fix is. I lived in Canada and see how single payer is the best option. I understand why some people disagree, particularly if they’ve never lived under another system. Fine, but that sure doesn’t equal “90%” being happy with it. Anyone with a brain understands that healthcare costs have skyrocketed in the past 12 years, and that if we don’t get it under control, we are all going under because the baby boomers are going to overwhelm Medicare/Medicaid.

    Finally, you complain about people having to “buy” healthcare. So what? They have to buy auto insurance if they drive. If you want to go to the doctor you should have to have insurance, because right now WE ALL PAY for uninsured that show up at an emergency room and receive treatment. Why not make them have insurance that allows preventative care, which has been shown to greatly reduce costs, instead of catastrophic care that we all pay for when someone heads to emergency? Why wouldn’t someone that pays taxes want a system that reduces costs by allowing people with no insurance to show up and receive free healthcare. Did you read the article? The majority of Republican’s in WA want to keep a significant portion of the bill. They just don’t like a couple of facets.

  • lafleur10 on March 13 at 6:20 p.m.

    And another thing Daisy, for anyone to call Obama a dolt is easily one of the dumbest posts you could make. Sorry, but a guy that was editor of Harvard Law Review, was a law school professor, was a State Senator, Illinois Senator, and President of the United States before the age of 50 isn’t a dolt. Not even close. You might not like his politics (and I’ll give you the benefit of the doubt, because an awful lot of people that don’t like him have race in mind, not politics), but to question his intelligence is monumentally stupid. Just like Bush, you can’t be dumb and get elected to that office. You don’t have to be a genius, but a dolt? Not true of any of them.
    Now the same can’t be said for getting elected to Gov. of Alaska, which has about the same population as eastern WA and northern ID!!

  • johnclarke on March 13 at 6:34 p.m.

    Hawken and Daisy, you just got owned - again. I warms my heart to see someone trounce you intellectually and factually. Although this is never a difficult or even slightly challenging task, it is a tiresome one. Thanks lafleur10.

    Hawken, what’s up with the childish personal attacks? They don’t really even make sense, typical for you …but lately even more juvenile than normal.

  • vanman on March 13 at 8:13 p.m.

    Regarding Bachmann and the “hidden” $105 billion (this is for you Hawken)… go to FactCheck.org and you will find the truth about this — and the TRUTH is that (as usual) Ms Bachmann has it wrong. There is no such “hidden” thing in the health care reform law. here is the link — http://factcheck.org/2011/03/no-secret-bachmann-gets-it-wrong/

  • vanman on March 13 at 8:19 p.m.

    and also, Daisy, there was an article in this paper just about a week ago which noted that the 4 hospitals in Spokane County gave away over $128 million in “free” care last year – “charity care” and bad debts….who do you think pays for that?? Do you not realize that you and I pay for it because it causes the cost of health care for the rest of us to go UP, which causes our insurance rates to go UP hmmmmm?? Gee, I have an idea, what if everyone had some sort of health insurance…?

  • DickAdams on March 13 at 11:05 p.m.

    I read where Scared Heart`s net income was $31. million.

  • marianfarrell14 on March 13 at 11:24 p.m.

    You know what You guys should stop complaining because, one the health care we have now isnt as good as it was supposed to be. also the law has just been signed so give it some time. so if u want to say u have the right to choose tell that to ur congress men or state official. If you do not have insurance and need one You can find full medical coverage at the lowest price by searching online for “Health Insurance wise” or health insurance facts If you have health insurance and do not care about cost just be happy it and trust me you are not going to loose anything!

  • Dazzeetrader11 on March 14 at 12:52 a.m.

    Clarkie…nobody was trounced. LaFleur is simply preaching the left’s usual blogspot highlights. Unlikely she’s traveled a single road in healthcare legislation nor seen the CBO assessment.

    Obama, Pelosi and Reid all admitted they hadn’t read the bill. Doesn’t slow down a truant like laf though.

    It seems a bit tedious to go through what the data shows. Besides, few would read all the data.
    Suffice it to say, rookies talk or write like rookies. The $105billion left out and then counted twice is accurate. It comes from the SBO. They don’t make things up. They manage the data given to them by guess who? The prevailing and “in charge” party of the house and senate. Then it was……wait for it..THE DEMS!!..who couldn’t even pass a budget the entire year 2010.

    Obamacare will fail. It has to fail. Likely he KNEW it would fail. He’s not a serious president.and you know why? NO EXPERIENCE.

    And Laf…he was editor of the Harvard Law review for one reason: too politcal and nobody competent who wanted a future would touch it. Quite the honor. And he taught? a few months..true…what he’s done is just act as if he’s a community organizer with ACORN and his racist Pastor.

    The data doesn’t lie girls.

  • lafleur10 on March 14 at 8:31 a.m.

    Daisy, it must be great to live in the make believe world of Narnia. In the USA, Harvard students, that have no reason what-so-ever to care about another students racial makeup (what, did you think he was already President?), compete like crazy to be Law Review editor. It is one of the most prestigious student positions in the country, and you think they let some kid from Kansas/Hawaii take the prize because of some notion of pressure? Keep dreaming.
    If the healthcare reform is soooooo awful, why is Massachusetts’ system, which the federal system is modeled (including the individual mandate), have lower costs and 98% enrollment? Yeah, sure is awful that people are covered instead of showing up for services and having taxpayers foot the entire bill.
    Did you look at the NONPARTISAN Factcheck.org article on your “hidden” $105 billion? What about the Washington Posts’ article laughing at the notion that anything was hidden or not already looked at by the CBO? Don’t you hate when those pesky “facts” get in the way of your agenda. Yeah, too bad people can actually “check” those darn facts.
    Keep reading those right-wing blogs because they NEVER tell a lie. Don’t worry, those pesky WMD will show up any time…

  • greyhound2 on March 14 at 2:42 p.m.

    How do you rationally explain 37th place in quality and number one in cost at 16% GDP, with number one in quality with at only 8% GDP? Humm, must be the American way, stick you head in the sand and you don’t have to view anything. Makes life simple. For example, night is caused by a giant turtle swimming across the sky dragging a blanket, and the lights you see at night are pinholes in the cloth where the light leaks through. There you have it. No problem. Simple. No need to think any further. God Bless America!

  • Shadedmuse on March 14 at 9:38 p.m.

    For Republican’s like Mitt Romney to flip flop on Romneycare goes to show you republicans are two faced flip floppers that speak out both holes in their head. Mitt has flip floped on abortion and fliped floped on the mandate he is a bigger joke then the half witted half term quitter twitter from Alaska, where conservatives are comming out sayiing they dont want her, so my guess she will be running as a third party canidate.

    5 MORE YEARS BABY!!!!!!!!!!!!!!!!!!!!

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