ahca – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 One Question That Will Help You Understand the Republican Health Care Bill https://legacy.lawstreetmedia.com/blogs/politics-blog/one-question-republican-health-care-bill/ https://legacy.lawstreetmedia.com/blogs/politics-blog/one-question-republican-health-care-bill/#respond Thu, 22 Jun 2017 21:02:37 +0000 https://lawstreetmedia.com/?p=61612

While the bill is particularly complicated, asking one question might clarify things.

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"President Trump With Republicans Following the House Passage of the American Health Care Act" courtesy of White House; License: Public Domain

Senate Republicans released their version of a bill to overhaul the health care system on Thursday. In general, the Senate version looks a lot like the version passed by the House in May with some important tweaks–notably, it includes steeper cuts to the Medicaid program in the long-term and changes the tax credit system to be a less generous version of the one currently in place. While it’s easy to get stuck in the details of these tweaks, arguably the best way to evaluate the bill is to look at its effects on taxing and spending. It may be most prudent to ask one question: should we offset tax cuts for the rich and businesses by cutting spending on the poor and working class?

The tax cuts in the American Health Care Act, or AHCA, amount to about $660 billion over 10 years and would be paid for, and then some, largely by slashing more than $800 billion in spending on Medicaid–the insurance program that provides health care to America’s most vulnerable, including children, the elderly, people with disabilities, pregnant women, and the poor. Although it would direct several billions of dollars to funds that help stabilize the individual insurance markets, that funding will end in 2026 while the changes the Medicaid will be permanent.

To understand current Republican proposals, it’s worth taking a minute to look at the law they seek to “repeal and replace.” The Affordable Care Act, or Obamacare, included a number of new taxes designed to help pay for new tax credits and a large expansion of the Medicaid program. The tax credits subsidized the cost of premiums for working class people who can’t get health insurance from their employer and the Medicaid expansion gave states funding to cover people living near the poverty line.

While the Affordable Care Act sought to raise taxes in order to increase insurance coverage, the American Health Care Act seeks to cut taxes, leading to a large reduction in the number of people with health insurance. According to the Congressional Budget Office, a non-partisan agency tasked with analyzing the effects of new legislation, the bill that passed the House would have increased the number of people without health insurance by 23 million by 2026. Although we will not have the updated projections for the Senate version until next week, that number is not expected to change very much.

The Senate version of the AHCA would undo the Medicaid expansion, phasing out the additional federal funding, and would reduce the value of the tax credits for most Americans who are currently eligible for them. In addition to ending the Medicaid expansion, the Republican bill would fundamentally restructure the Medicaid program by instituting a cap on the amount of funding per person enrolled. This new system would shift the burden of cost increases from the federal government–which currently covers a fixed percentage of all costs–to states and would amount to a significant reduction in the projected spending on the program in the long term. Medicaid is the country’s largest health insurance program, covering 20 percent of all Americans, including 30 percent of adults with disabilities, 60 percent of children with disabilities, 49 percent of births, 64 percent of all nursing home residents, and 76 percent of poor children.

For a more in-depth look at what the bill that passed the House would do to Medicaid, check out this article.

So who would benefit from the bill’s tax cuts? The AHCA would get rid of about 14 different taxes that target a broad range of groups, from high earners to indoor tanning companies. It would also slash some of the taxes put in place by the Affordable Care Act to target industries that stood to benefit from the coverage expansion, like medical device manufacturers and prescription drug makers. One of the most notable taxes was the one on investment income for individuals earning more than $200,000 per year and couples earning $250,000 and up per year. All of these taxes would be repealed, leading to a significant windfall for the wealthiest Americans. The Tax Policy Center estimated the net effects of the House bill and found that people with incomes greater than $200,000 would see their tax burden decrease by $5,640 on average, while the spending cuts would mean that the lowest income Americans would be hurt the most.

It’s also worth noting that the bill would repeal what’s known as the individual and employer mandates. The individual mandate requires people to maintain health insurance or pay a penalty at tax time. The employer mandate imposes a similar penalty on companies with a minimum number of full-time workers but do not offer health insurance to employees. Republicans have strongly criticized these penalties, which have been one of the driving forces behind the effort to scrap the Affordable Care Act.

There are a number of important differences between the House version and the Senate version of the Republican health care bill, which we will undoubtedly hear about during the coming debate. It also seems likely that changes will be made in the short period before Senate Majority Leader Mitch McConnell rushes the bill to the Senate floor for a vote. While it’s important to understand how these changes will affect people, taking a broader look at a very complicated bill might be the easiest way to make an assessment of it. If you think that taxes on businesses and the wealthy are too high and you don’t mind seeing an increase in the number of people without health insurance, then you’ll most likely support this bill. But if not, you may want to call your senator.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Senate Republicans’ Health Care Effort is Cloaked in Secrecy https://legacy.lawstreetmedia.com/blogs/politics-blog/senate-republicans-health-care-secrecy/ https://legacy.lawstreetmedia.com/blogs/politics-blog/senate-republicans-health-care-secrecy/#respond Tue, 13 Jun 2017 17:23:15 +0000 https://lawstreetmedia.com/?p=61365

Democrats are furious over the lack of transparency.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

Weeks after House Republicans passed a health care bill, GOP senators are drafting their own version of a law that would repeal and replace Obamacare. Among a variety of differences between the two Republican efforts, one is especially rankling to Democrats: the senators of the Budget Committee are cobbling together their bill in secret. According to a number of Senate aides, nobody outside that committee, including a number of Republican senators, has seen the bill’s precise language.

Influential Senate Democrats took to Twitter to pillory the secretive Republican process:

 Senate Majority Leader Chuck Schumer (D-NY) said Republicans “are trying to pass a health care bill in the dead of night.” He added:

Republicans are hoping to vote on the bill by the July 4 recess, which gives them a window of a couple of weeks to finish drafting the bill, and send it to the Congressional Budget Office for a review. The CBO, a non-partisan analysis agency, released its evaluation of the House health care effort a few weeks after the bill was passed. It found that the bill could result in 23 million more uninsured Americans.

A CBO evaluation could take up to two weeks, so if Republicans hope to vote on the Senate bill by July 4, it would have to be completed in the coming days. But even as the bill nears completion, some high-ranking Republican senators are being kept in the dark as well.

“I want to know exactly what’s going to be in the Senate bill, I don’t know it yet,” Senator Ron Johnson (R-WI) recently told reporters. “It’s not a good process.” And Senator Lindsey Graham (R-SC) said “this is not the best way to do health care, but it’s the way we’re having to do it,” adding that the only thing about the bill he’s aware of is that “they’re writing it.”

While the particulars of the bill are largely unknown, there have been reports about some of its broad outlines. Overall, the bill is expected to be left of the legislation the House passed last month. Medicaid expansions would be phased-out over seven years instead of two, and tax credits would be offered to a broader range of low-income individuals.

Once the bill is out in the open, and hits the Senate floor for a vote, it faces a fractured chamber, not to mention a complete lack of Democratic support. To pass, the bill will need the support of a diverse contingent of Republican Senators–the more conservative members, like Senator Mike Lee (R-UT) and Senator Ted Cruz (R-TX), and more moderate ones, like Senator Susan Collins (R-ME) and Senator Lisa Murkowski (R-AK).

Meanwhile, Senator Bernie Sanders (I-VT), tweeted perhaps the most creative critique of the secretive Republican effort:

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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RantCrush Top 5: May 22, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-22-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-22-2017/#respond Mon, 22 May 2017 16:02:42 +0000 https://lawstreetmedia.com/?p=60890

Happy Monday! See what you missed this morning.

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Image courtesy of 惡龍~Stewart; License: (CC BY-SA 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump Speaks in Saudi Arabia to Kick Off First Foreign Trip

Over the weekend, President Donald Trump set out for his first trip abroad as president. The trip schedule is ambitious, given recent reports that he didn’t particularly want to go. He is also the first president to start his first foreign trip in the Middle East. Yesterday, he gave a speech in Riyadh, Saudi Arabia. He stuck to the teleprompter and many people remarked that he had a significantly more moderate and tempered tone than during the campaign and the first few months of his presidency. He focused on solidarity, and said, “This is not a battle between different faiths, different sects, or different civilizations. This is a battle between barbaric criminals who seek to obliterate human life, and decent people of all religions who seek to protect it.”

Trump also said he was not there to lecture but to offer partnership. Although some people were relieved that he sounded so moderate, others didn’t quite buy it and said it was all for show.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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How the American Health Care Act Plans to Dramatically Change Medicaid https://legacy.lawstreetmedia.com/issues/health-science/ahca-changes-medicaid/ https://legacy.lawstreetmedia.com/issues/health-science/ahca-changes-medicaid/#respond Mon, 08 May 2017 13:51:05 +0000 https://lawstreetmedia.com/?p=60540

The bill would dramatically change the safety net program.

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"Department of Health & Human Services" courtesy of Sarah Stierch; License: (CC BY 4.0)

As the American Health Care Act works its way through Congress, much of the debate has recently focused on issues like health insurance regulation. While that debate reflects important issues, like protections for people with pre-existing conditions, there is another part that would arguably have even larger consequences: the proposed cuts and changes to Medicaid. The AHCA would fundamentally change the funding structure for the safety net program and could have wide ranging effects on millions of Americans who rely on Medicaid for their health care. Read on for an overview of what’s in store for the program that provides insurance to nearly 20 percent of the country.


Who is Affected

Medicaid is the largest health insurance program in the country, which combined with the related Child Health Insurance Program (CHIP), covered nearly 75 million people as of February. Medicaid covers a diverse group of people including low-income individuals and families, people with disabilities, and the elderly.

The video below explores what the Medicaid program is and how it is paid for:

To understand the scope of the proposed changes to Medicaid in the American Health Care Act, it’s important to look at how the bill it’s intended to repeal and replace–the Affordable Care Act, or Obamacare–changed health insurance coverage in the first place. Generally speaking, the Affordable Care Act sought to increase insurance coverage by expanding the Medicaid program–through both increasing outreach and eligibility–while also creating regulated insurance marketplaces and providing subsidies to make health insurance more affordable.

The Medicaid expansion was directed at the lowest income Americans, specifically, people living below 138 percent of the federal poverty level, while insurance subsidies targeted those who were slightly better off but would still have difficulty paying for health insurance, namely those with incomes below 400 percent of the federal poverty level. Regulations also ensured that individuals could buy insurance on public exchanges and that prices couldn’t vary much according to an individual’s characteristics like age, sex, or health status, which was another way to expand coverage to those who were either priced out of the market or denied insurance outright.

While several components of the ACA sought to lower the rate of uninsured Americans, the Medicaid expansion played the largest role in achieving that goal. The AHCA includes important changes for insurance subsidies and regulation–the proposed cuts and changes to Medicaid are considerably larger. The Congressional Budget Office analyzed the effects of the AHCA in March after it was initially introduced and found that overall, the law would reduce the number of people with health insurance by 24 million within 10 years. The biggest chunk of that decrease, 14 million, would come from the proposed changes to Medicaid. While the law would not technically take people’s insurance away from them–states would have to make difficult decisions about enrollment and eligibility–it would amount to a large cut in federal spending on the program. In total, the CBO estimates that the bill would lead to an $839 billion decrease in federal Medicaid spending over the next 10 years.

The AHCA includes two primary changes to Medicaid that would lead to a significant reduction in people enrolled in the program. First, the bill would phase out the ACA’s Medicaid expansion, decreasing the number of people that states would get a high percentage of federal matching funds to cover. Second, it would change the program’s funding model from an open-ended commitment to an amount per enrollee that gradually increases over time.


Ending the Medicaid Expansion

The Affordable Care Act offered states matching funds to insure a large number of people newly eligible for Medicaid. A 2012 Supreme Court decision made the Medicaid expansion optional at the state level, and since then, 31 states and the District of Columbia have chosen to take the federal funds. At first, the government would pay the full cost of insuring these newly eligible enrollees, but over time the government’s share would drop, and by 2020, it would cover 90 percent of the cost of coverage. The matching rate for the enrollees who gained coverage from the expansion is actually higher than the traditional matching rate that states have historically received for those who were already eligible.

The American Health Care Act plans to unwind the Medicaid expansion starting in 2020. While the plan will end up with an estimated 14 million fewer people on Medicaid relative to current law, the AHCA’s passage will not technically take health insurance away from these individuals. Instead, it grandfathers in all newly eligible enrollees who are already in the program by December 31, 2019–allowing states to continue to receive the 90 percent fund matching for those individuals. However, for people who sign up after that point, the funding would drop to regular matching levels. This means that states will likely decide to restrict their program’s eligibility and return to standards that were in place before the Affordable Care Act.

People on Medicaid tend to cycle in and out of the program relatively quickly, which means that even though the AHCA grandfathers in expansion enrollees, coverage numbers are expected to drop fairly quickly after 2020, when states get lower matching rates. The bill would also require people on Medicaid to re-enroll every six months, rather than every year under current law, to maintain their coverage. This requirement could make it easier for people to accidentally have a lapse in their coverage, which could make those who are grandfathered in unable to re-enter the program. Based on how quickly people have cycled out of the program in the past, the Congressional Budget Office estimates that two years after the expansion ends, fewer than a third of those who were grandfathered in will remain on Medicaid. By 2024, fewer than 5 percent will remain. While the federal government won’t technically take people’s insurance away from them, the drop in funding will likely force states to make the difficult decisions surrounding eligibility and enrollment.

It’s worth noting that politics are an important variable here, so estimating coverage changes can be more of an art than a science when the actions of state legislatures are involved. It’s likely that states will react to a decline in federal funding by reducing the number of people eligible for Medicaid benefits. They may even do so preemptively, as they know that their funding will soon be reduced. Generally, the law will sharply reduce federal funding for Medicaid, but changes will be determined at the state level as they start to shoulder more of the costs.


A New Funding Model

In addition to phasing out the Medicaid expansion, the AHCA intends to dramatically change the funding system for Medicaid. Currently, Medicaid operates as an entitlement program, meaning that the federal government has an open-ended commitment to pay for a large share of the program’s costs. This means that if more people enroll in the program, as is often the case during economic downturns, the federal government continues to bear much of the increase in costs. Similarly, if the cost of medical care increases significantly, as it has been for several decades, the federal commitment increases accordingly. The entitlement nature of Medicaid has been a target of Republicans for decades; however, this is the first attempt to restructure the program while Republicans maintain control of all three branches of government.

Under the AHCA’s per capita cap system, states will get a certain amount per person enrolled. Those amounts will vary based on the different groups eligible for Medicaid to avoid giving states an incentive to shift enrollment to lower costs. For example, the system is designed to prevent states from being pressured to drop enrollment for the elderly or disabled because they may cost more than children. Each year, the per capita cap will increase along with the changes in medical care services component of the Consumer Price Index, which tracks inflation. The medical services component is known as CPI-M. The per capita system will make funding responsive to enrollment changes, but if certain Medicaid costs outpace the overall cost growth for medical services, states will need to pay the additional amount. Generally speaking, shifting to a per person allotment will amount to a significant cut in overall Medicaid spending. The Congressional Budget Office anticipates that Medicaid costs will grow by 4.4 percent per year while CPI-M will grow at just 3.7 percent annually over the next 10 years.

Additionally, the amended AHCA allows states to opt for a block grant rather than a per person cap. This would give states a grant based on their Medicaid population and would give them a considerable amount of freedom in terms of how to use that funding. Proponents say that this would allow states to experiment with funds in order to find new ways to keep costs down and deploy spending more effectively. However, critics argue that a block grant could mean states could be forced to cover fewer people or services than under the per capita cap model, and considerably more so than the current law. This is because block grants would not respond to increases in eligibility, for example due to a recession, and like the per capita model, it would not respond to cost increases that result from new or more expensive types of care. States could charge enrollees more for their care and they could cap enrollment, which could mean even those who are eligible may not be able to join the program.

How it would Change Medicaid

To illustrate how different the system would be under a per capita cap, economists at the Kaiser Family Foundation ran the numbers for Medicaid outlays from 2001 to 2011 to see how tying funds to CPI-M would affect spending. The KFF finds that federal spending would have been $195 billion below actual spending during that period, which would amount to a drop of about 7 percent. Importantly, these changes have very different consequences for the costs involved in covering the different eligible groups in the Medicaid program. For example, spending tied to CPI-M would have been 6 percent lower than actual spending when it comes to the health care costs for the disabled, but it would have been 15 percent lower for children on the program. In both of these cases, states would have had to shoulder more of the costs, but the difference is considerably larger due to faster growth in child health care costs. There is also a lot of variation between states in terms of what they pay for the average Medicaid enrollee. In fact, spending varies so much per person, that 13 states would have actually seen an increase or no change in their overall funding if it was anchored to CPI-M. However, 37 states and the District of Columbia would have seen their funding drop. And for 26 of those states, the drop relative to existing law would have been larger than 10 percent.

Subsequent amendments to the AHCA–after the initial Congressional Budget Office analysis–increased the per capita spending for the blind, elderly, and disabled to CPI-M plus one percentage point. Those changes amount to an estimated $41 billion in additional spending over the next 10 years, according to revised CBO projections. While $41 billion is a significant increase it may not be in the scope of the overall cuts–instead of reducing Medicaid spending by $880 billion, the amended law is projected to drop spending by $839 billion. While the Kaiser Family Foundation estimates mentioned above are based on CPI-M, and AHCA increases that rate slightly for certain populations, its calculations remain instructive.

Critics of the plan argue that the proposed per capita spending caps would limit states’ ability to respond to changes and could leave them on the hook for a lot of spending if certain costs grow faster than overall medical inflation. And because these caps will effectively result in spending cuts relative to the current law, it will ultimately leave states with less funding while also reducing their responsiveness to cost changes. An example of where this could be a problem is in Medicaid’s role in addressing the opioid epidemic. Many people who joined the program after the Medicaid expansion were previously uninsured and did not have access to addiction treatment. Moreover, the entitlement nature of the program allowed the program to respond to costs related to the epidemic. This is important given the program’s role in treatment–in total, Medicaid and CHIP, the related health insurance program for children, cover thirty percent of the U.S. population dealing with opioid addiction.


Conclusion

The American Health Care Act includes a number of adjustments to the current health care system, but the most wide-ranging might be the proposed cuts and changes to the Medicaid program. President Obama’s health law led to a large increase in Medicaid enrollment and the AHCA would roll much of that back while going even further to change the funding structure of the entire program. Taken together these changes amount to an $839 billion spending cut over the next 10 years and 14 million fewer people with health insurance.

Advocates of the bill argue that it will rein in Medicaid spending levels to a more sustainable course while granting states the ability to experiment and cut costs. Critics argue that it will dramatically increase the number of people without insurance by reducing federal funding for Medicaid while not offering alternatives to those who can’t afford insurance. As Senate Republicans begin to work on their own version of the health care bill, these wide ranging changes to Medicaid will likely be an important part of the debate.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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RantCrush Top 5: May 4, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-4-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-may-4-2017/#respond Thu, 04 May 2017 16:22:56 +0000 https://lawstreetmedia.com/?p=60582

Check out today's RC top 5!

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Image courtesy of MHimmelrich; License: (CC BY-ND 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Will the New Health Care Bill Pass?

Republicans are set to vote on the revised version of their health care bill today, but it is still unclear if it will pass this time. The last version of the bill failed “bigly,” but this time House Majority Leader Kevin McCarthy says the GOP has enough “yes” votes to pass the bill. Recent changes to the bill would allow states to get waivers to redefine essential health benefits required in insurance plans, like mental health care or maternity care. Waivers would also allow insurance companies to charge more for people with pre-existing conditions, potentially pricing them out of the insurance market.

As late as Monday, some Republicans were still undecided, especially because of the pre-existing conditions part. But then yesterday, the GOP decided to add $8 billion to the bill to help cover people with pre-existing conditions, and some Republicans that had been undecided threw their support behind the bill. While $8 billion may be enough for the bill to pass in the House, it won’t be enough to cover Americans with pre-existing conditions.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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What You Need to Know About the GOP’s Second Health Care Attempt https://legacy.lawstreetmedia.com/blogs/politics-blog/new-gop-health-care-replacement/ https://legacy.lawstreetmedia.com/blogs/politics-blog/new-gop-health-care-replacement/#respond Fri, 21 Apr 2017 20:12:29 +0000 https://lawstreetmedia.com/?p=60366

A vote could come as early as next week.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

After bungling an attempt to overhaul Obamacare last month, it looks like Republicans will give health care reform another go. Tom MacArthur, a Republican congressman from New Jersey, recently proposed an amendment to the failed GOP effort, the American Health Care Act, eponymously titled the MacArthur Amendment. First reported by Politico on Thursday, the amendment is an attempt to placate moderate Republicans and far-right conservatives like the House Freedom Caucus, a bloc that helped sink the original bill.

President Donald Trump, whose 100th day in office–a standard marker of a president’s effectiveness–is on April 29, is seeking a legislative victory. But Congress will have its plate full next week, as it rushes to pass a government spending bill and, perhaps more important than passing a new health care bill, needs to come together to avoid a government shutdown. Trump, in a news conference on Thursday, sounded fairly confident that the new health care plan would rally House Republicans–something the first attempt utterly failed to do.

“We have a good chance of getting it soon,” Trump said. “I’d like to say next week, but it will be — I believe we will get it. And whether it’s next week or shortly thereafter.” The president, cognizant of the 100-day review tradition, added: “The plan gets better and better and better, and it’s gotten really, really good, and a lot of people are liking it a lot.”

MacArthur’s proposed changes to the AHCA, which did not make it to the House floor for a vote, revolve around giving states the option of opting out of requirements if they show growth. For instance, the amendment retains the requirements for insurers to offer guaranteed coverage for emergency services and maternity care, and pre-existing conditions must also be covered.

But if states prove that without those guaranteed coverages, premiums would dip, the number of insured would climb, or the “the public interest of the state” is advanced, then that state could seek a waiver for guaranteed coverage. States could circumvent the pre-existing coverage guarantee if they establish high-risk pools. These changes are designed to bring the party’s center and right flanks to agreement.

In a Facebook statement on Thursday, MacArthur, the architect of the amended bill, said: “This amendment will make coverage of pre-existing conditions sacrosanct for all Americans and ensures essential health benefits remains the federal standard.” Paul Ryan, the Speaker of the House from Wisconsin, hinted that the effort could be ready for a floor vote soon: “We’re in the midst of negotiating sort of finishing touches,” he said.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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What is the House Freedom Caucus? https://legacy.lawstreetmedia.com/issues/politics/house-freedom-caucus/ https://legacy.lawstreetmedia.com/issues/politics/house-freedom-caucus/#respond Sat, 01 Apr 2017 21:04:24 +0000 https://lawstreetmedia.com/?p=59874

Who's in it, and what does it stand for?

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"Jim Jordan" courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

Last month, House Republican leaders introduced their new health care plan, the American Health Care Act. The effort was ultimately unsuccessful, and on March 24 the bill was withdrawn, largely because of Republican infighting. Republican moderates worried that the bill was too extreme, and would be harmful for their constituents. But Republicans further to the right disagreed, arguing that the bill actually didn’t go far enough. Those right-wing Republicans were led by the House Freedom Caucus, a caucus that has only been in existence for two years, but in the Trump era, has made quite a name for itself. Read on to learn more about the inception of the House Freedom Caucus, its ideology, and its members.


History of the House Freedom Caucus

The formation of the House Freedom Caucus was announced in January 2015. Its founding members were all hardline Republican representatives: Scott Garrett of New Jersey, Jim Jordan of Ohio, John Fleming of Louisiana, Matt Salmon of Arizona, Justin Amash of Michigan, Raúl Labrador of Idaho, Mick Mulvaney of South Carolina, Ron DeSantis of Florida, and Mark Meadows of North Carolina. The nine founders reportedly planned their new caucus at a retreat in Hershey, Pennsylvania, a few weeks before they announced its formation.

According to a statement that offices of the members released:

The House Freedom Caucus gives a voice to countless Americans who feel that Washington does not represent them. We support open, accountable, and limited government, the Constitution and the rule of law, and policies that promote the liberty, safety, and prosperity of all Americans.

The House Freedom Caucus is notably more conservative than the rest of the House, and Americans in general. According to Tim Dickinson of Rolling Stone:

The Freedom Caucus acts like a third party in Washington because the political fates of its members are not yoked to the national GOP. Their districts rate R+13, according to Cook Political Report data crunched by Rolling Stone. This means their districts vote 13 percent more Republican than the nation as a whole — and are nearly a third more partisan than the median GOP seat (R+10).

The Split from the Republican Study Committee 

The House Freedom Caucus was an offshoot of the Republican Study Committee (RSC), a much larger, but traditionally very conservative, caucus. However, in 2015, the year the House Freedom Caucus was founded, some conservative Republicans thought the RSC had become too centrist. The RSC had also become quite clunky and large–it currently has over 170 members.

Reports on whether the House Freedom Caucus’s split from the RSC was amicable have differed. The founding members tactfully told the press that they believed a smaller, more mobile organization was needed to pull the party to the right. Some members of the House Freedom Caucus remained as RSC members, while others left the larger group.

The House Freedom Caucus and House Speaker John Boehner

Congressman John Boehner announced that he would step down from the position of Speaker of the House in September of 2015. He had held the post since 2011, when Republicans gained majority control of the House.

It was reported that Boehner stepped down, at least in part, due to pressure from the House Freedom Caucus. If all of the 30-odd members of the caucus had refused to support him, he would not have had enough votes to remain the House leader. The House Freedom Caucus members wanted Boehner to push harder on some far-right issues, like defunding Planned Parenthood.


Who are the Current Members of the House Freedom Caucus?

No one is completely sure. The invite-only group isn’t public with its roster. However, a number of media outlets have identified the members who have been open about their relationship to the caucus. Here are the congressmen who are believed to currently be part of the House Freedom Caucus:

  • House Freedom Caucus Chair Mark Meadows, North Carolina
  • Alex Mooney, West Virginia
  • Andy Harris, Maryland
  • Bill Posey, Florida
  • Brian Babin, Texas
  • Dave Brat, Iowa
  • David Schweikert, Arizona
  • Gary Palmer, Alabama
  • Jeff Duncan, South Carolina
  • Jim Bridenstine, Oklahoma
  • Jim Jordan, Ohio
  • Jody Hice, Georgia
  • Joe Barton, Texas
  • Justin Amash, Michigan
  • Ken Buck, Colorado
  • Mark Sanford, South Carolina
  • Mo Brooks, Alabama
  • Morgan Griffith, Virginia
  • Paul Gosar, Arizona
  • Rand Weber, Texas
  • Raul Labrador, Idaho
  • Rod Blum, Texas
  • Ron DeSantis, Florida
  • Scott DesJarlais, Tennessee
  • Scott Perry, Pennsylvania
  • Steve Pearce, New Mexico
  • Ted Yoho, Florida
  • Tom Garrett Jr., Virginia
  • Trent Franks, Arizona
  • Warren Davidson, Ohio

Who are the Former Members of the House Freedom Caucus?

There are also some former members associated with the caucus. These include congressmen who lost re-election bids in 2016, including founding member Scott Garrett of Florida and Tim Huelskamp of Kansas. Former Congressmen John Fleming of Louisiana and Marlin Stutzman of Indiana ran for other positions and were defeated.

Retired Congressmen Curt Clawson of Florida, Cynthia Lummis of Wyoming, and Matt Salmon of Arizona also used to be counted among the members. Lummis seems to be the only female member ever associated with the caucus, so as it currently stands, the caucus appears to be entirely male. One founding member, Mick Mulvaney, was appointed by President Donald Trump as the director of the Office of Management and Budget, and therefore is no longer in the House of Representatives.

There were some members who decided to remove themselves from House Freedom Caucus membership. Congressmen Tom McClintock of California and Reid Ribble of Wisconsin quit after the group’s role in forcing Boehner out of the Speaker of the House position. After he quit, McClintock said: “I feel that the HFC’s many missteps have made it counterproductive to its stated goals and I no longer wish to be associated with it.” And Ribble took his complaints a step farther, saying:

I was a member of the Freedom Caucus in the very beginning because we were focused on making the process reforms to get every Member’s voice heard and advance conservative policy. When the Speaker resigned and they pivoted to focusing on the leadership race, I withdrew.

Representative Keith Rothfus of Pennsylvania resigned from the caucus last winter, saying that although his ideology still matched the group’s, he wanted to focus on “substantive policy work rather than procedural mechanisms the group uses to exert influence.” Representative Barry Loudermilk, of Georgia, also quit quietly, saying that he just didn’t have the “bandwith” to be in the group.

Most recently, Representative Ted Poe, from Texas, quit the House Freedom Caucus after the group’s role in the health care bill failure at the end of March. Poe said in an interview on “Fox & Friends” that he felt as though the caucus was saying “no” too much:

The president, Speaker Ryan, came to the Freedom Caucus and made some changes that we wanted several times. But no matter what changes were made, the goal post kept getting moved and at the end of the day, ‘no’ was the answer. And sometimes you’re going to have to say yes.

Poe chose to resign, saying that, “at some time we’re going to have to say ‘yes.’ We are in power. We need to lead.”


The Freedom Caucus in the News

Since its inception, the two most news-worthy events involving the House Freedom Caucus were its founding, and its role in John Boehner’s resignation. But the Freedom Caucus was recently vaulted into the spotlight with the AHCA controversy.

The American Health Care Act

Regardless of whether the assessment is fair or not, the House Freedom Caucus has been largely blamed by the media, President Donald Trump, Speaker of the House Paul Ryan, and others, for the bill’s failure.

The big sticking point with the AHCA for many of the members was that it wasn’t conservative enough, and didn’t provide for a full repeal. At one point, it was reported that the Trump Administration was negotiating with the House Freedom Caucus to secure the needed votes to pass the bill in the House of Representatives. The Trump Administration offered to get rid of “essential health benefits” that were guaranteed under Obamacare. These essential health benefits included maternity care, emergency room visits, and mental health services. But, the Freedom Caucus still claimed that the bill didn’t go far enough, and on March 24, the bill was pulled.

Trump’s Attack 

In the wake of the AHCA withdrawal, President Donald Trump started criticizing the House Freedom Caucus. On March 27, Trump tweeted: “The Republican House Freedom Caucus was able to snatch defeat from the jaws of victory.” He followed that up on March 30, by tweeting: “The Freedom Caucus will hurt the entire Republican agenda if they don’t get on the team, & fast. We must fight them, & Dems, in 2018!” The verified Twitter account for the House Freedom Caucus responded to Trump’s criticism on March 31, saying that the group wants to hold true to its promise to repeal the Affordable Care Act, and arguing that only 17 percent of Americans supported the AHCA.


Conclusion

The House Freedom Caucus is relatively new, having just been founded in 2015, and best known for being involved in Speaker of the House John Boehner’s resignation. But in the Trump era, with both the Executive and Legislative branches controlled by the Republican Party, the House Freedom Caucus has become an increasingly influential part of GOP House dynamics. What the group will do with that newfound power remains to be seen.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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RantCrush Top 5: March 24, 2017 https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-24-2017/ https://legacy.lawstreetmedia.com/blogs/rantcrush/rantcrush-top-5-march-24-2017/#respond Fri, 24 Mar 2017 16:38:46 +0000 https://lawstreetmedia.com/?p=59784

Happy Friday!

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Image courtesy of LWYang; License: (CC BY 2.0)

Welcome to RantCrush Top 5, where we take you through today’s top five controversial stories in the world of law and policy. Who’s ranting and raving right now? Check it out below:

Trump’s Ultimatum: Approve the New Health Bill or We’ll Stick with Obamacare

Donald Trump yesterday posed an ultimatum for House Republicans–approve the new healthcare bill, or he will leave Obamacare in place as it is. The vote on the new American Health Care Act was supposed to take place yesterday but was delayed, as too many Republicans had said they would vote against the bill. In a closed-door meeting last night, Trump said he wants the House to vote on the bill this afternoon whether it has enough votes to pass or not–he’s apparently tired of negotiating. If the bill doesn’t pass, Trump said he would move on to other issues, despite touting an Obamacare repeal as a priority throughout his campaign.

The president and VP Mike Pence held a meeting with the extremely conservative House Freedom Caucus yesterday afternoon to discuss the bill. A photo from the meeting circulated on social media and was heavily slammed. One of the main topics of conversation was whether to get rid of essential health benefits regulations, which require insurance plans to cover pregnancy and maternity services. But…notice anything missing from this photo?

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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Catchy Schoolhouse Rock Parody Explains Plan B https://legacy.lawstreetmedia.com/blogs/culture-blog/schoolhouse-rock-plan-b/ https://legacy.lawstreetmedia.com/blogs/culture-blog/schoolhouse-rock-plan-b/#respond Thu, 23 Mar 2017 17:36:58 +0000 https://lawstreetmedia.com/?p=59747

There a lot of misconceptions out there.

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Image courtesy of Cory Doctorow; License: (CC BY-SA 2.0)

The morning after pill, also known as Plan B, is a backup contraceptive. It helps prevent pregnancy after a contraceptive failure or unprotected sex. That’s a good thing. But Plan B gets a bad rap; one of the most popular myths about it is that it “causes an abortion.” It doesn’t, but that doesn’t stop some pro-life organizations from purporting that misinformation, among other incorrect claims. Well, one reproductive rights advocacy organization, Lady Parts Justice League, has released a catchy little video dispelling those myths. And it’s sure to invoke nostalgia for any of us who watched Schoolhouse Rock as kids.

That’s right, she’s just a pill. The pill is voiced by Lea DeLaria, best known as “Big Boo” from “Orange is the New Black.” The video explains what the morning after pill actually does, and how it does not cause an abortion. The morning after pill doesn’t terminate a pregnancy, but instead keeps the pregnancy from occurring in the first place.

According to Lady Parts Justice, the organization chose to release the video specifically now, while Neil Gorsuch is going through confirmation hearings for the Supreme Court. Creator Lizz Winstead told the Huffington Post:

In his past rulings, [Gorsuch] has shown he lacks an understanding of basic science, for example, how pregnancy happens or birth control works. It is imperative that we don’t fill our Supreme Court with judges whose working knowledge of the reproductive system is akin to their working knowledge of pagers.

Given current debates over Trumpcare, a.k.a the American Health Care Act (AHCA) in Congress, access to emergency contraceptives may become more important than ever. Congressional Republicans continue to edit their draft, and are now reportedly ready to drop things like maternity care and preventative care like contraceptives from the plan in order to get it passed.

It’s important to all be on the same page about what emergency contraceptives do, and ensure that misinformation isn’t spread to the women who may need to rely on them in the post-Obamacare era. Lady Parts Justice figured out how to do that in an entertaining and relatable manner–so let’s keep the videos coming!

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Why is Everyone Tweeting About Obamacare vs. the GOP Replacement? https://legacy.lawstreetmedia.com/blogs/humor-blog/obamacare-vs-gop-replacement/ https://legacy.lawstreetmedia.com/blogs/humor-blog/obamacare-vs-gop-replacement/#respond Tue, 07 Mar 2017 20:48:51 +0000 https://lawstreetmedia.com/?p=59376

What does the new GOP healthcare plan have to do with "Mean Girls?"

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Image Courtesy of Jennifer Morrow License: (CC BY 2.0)

You may have noticed a lot of tweets pitting Obamacare against a new GOP bill recently. That’s because on Monday, Republican lawmakers introduced the American Health Care Act (AHCA), a measure meant to replace former President Barack Obama’s Affordable Care Act (ACA), also known as Obamacare, which helped provide about 20 million Americans with healthcare.

The proposal wouldn’t undo the ACA entirely: provisions allowing young adults to remain on their parents’ health insurance until age 26 and ensuring coverage for people with pre-existing conditions will remain intact. But the bill would eliminate Obamacare’s individual mandate that taxes people who don’t purchase healthcare and allow insurers to charge a 30 percent higher premium for those who let their coverage lapse for more than 63 days. It would also roll back the expansion of Medicaid (which is currently used by more than 70 million Americans) by 2019, restrict Medicaid funding to Planned Parenthood, and postpone the “Cadillac tax”which fines employers for offering high-cost coverage to their workersuntil 2025. Additionally, the measure could allow providers to charge older people five times more for insurance than younger people (under Obama the limit was three times more). For more information, read “What You Need to Know About the New GOP Health Care Plan.”

House Speaker Paul Ryan praised the bill, saying it would “drive down costs, encourage competition, and give every American access to quality, affordable health insurance,” and President Donald Trump has also tweeted out his support of the AHCA. But a handful of Republican senators and several Democrats, who have labeled the measure “Trumpcare,” see it as a downgrade that will increase healthcare costs.

Naturally, opposition toward the bill picked up on Twitter, where users began to draw comparisons between the ACA and the AHCA to famous movies, shows, or characters and their lower-quality knockoffs and sequels. Here are some of the most creative examples.

https://twitter.com/morninggloria/status/838907799040114694

Reasons why people are against the bill differ, though. A handful of conservatives in Congress, like Sen. Rand Paul (R-Kentucky), want to overhaul Obamacare completely and have nicknamed the AHCA “Obamacare Lite” or “Obamacare 2.0.” All this criticism could mean that the bill won’t get the support it needs to pass.

Victoria Sheridan
Victoria is an editorial intern at Law Street. She is a senior journalism major and French minor at George Washington University. She’s also an editor at GW’s student newspaper, The Hatchet. In her free time, she is either traveling or planning her next trip abroad. Contact Victoria at VSheridan@LawStreetMedia.com.

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