Real People Really Helped by the Patient's Bill of Rights

If you tuned into the Rachel Maddow Show last night, you know that major health care provisions in the Patient’s Bill of Rights take effect today. You also know Gail, the woman in this video. She’s an amazing person whose life was immensely improved because President Obama and the Democratic Majority in this Congress fought tooth and nail for health care reform that puts patients first.

Gail was told by her doctor, “Either you dip into your retirement fund, or you’re going to die.” Because of health care reform, she can now choose to live and keep her retirement. Gail, previously denied coverage because she has a pre-existing condition, was able to enroll in a temporary high-risk pool to receive the cancer treatment she needs and deserves because of the Patient’s Bill of Rights. By 2014, no insurance company in the nation will be allowed to deny her care.

Gail is one of millions of Americans who know firsthand that the need for health care reform was and continues to be a life and death priority.

I recently met Violet, a gregarious two-year old girl born at Contra Costa County Regional Medical Center near my district. She was born with a rare – and costly – form of epilepsy. Under the old system, she was at risk of reaching her plan’s lifetime and annual coverage limits by the age of four, and there was little stopping her insurance company from finding trivial excuses to kick her off her coverage. As of today, the Patient’s Bill of Rights guarantees that lifetime coverage limits and rescissions are banned in all new plans, and annual limits are being stretched over a three-year flexible period until they are completely eliminated by 2014.

At an assisted living home in Livermore, a city in my district, I met many residents at risk of entering the Medicare Part D prescription drug “donut hole” coverage gap. They will receive a $250 rebate check this year as we transition to the complete closure of the prescription drug coverage gap by 2020.

At that same home, I met seniors who immediately were able to access free preventative care in Medicare. As of today, key preventive health care is available without co-pays or deductibles for every American entering a new plan. If your insurance company tries to deny you coverage recommended by your doctor – and we know sharks at the insurance companies will certainly try – you now have the right to seek an independent appeal from an outside watchdog.

(I hope it gives you some comfort to know that the new Director of the Division of Enforcement in the Office of Oversight at the Department of Health and Human Services’ Office of Consumer Information and Insurance Oversight is Gary Cohen, my former Chief Legal Counsel at the California Department of Insurance. He worked with me to build the toughest consumer protection agency in America, and I look forward to watching Elizabeth Warren and him compete for the honor of that claim in the years ahead.)

I met a courageous young girl and her parents at my El Cerrito town hall. They had insurance through her father’s job, but they were terrified that if he was ever laid off, her pre-existing condition would prevent her from getting coverage. As of today, she can stay on his plan up to the age of 26.

That girl, intelligent and full of life, is also eligible for the high-risk pool, and we designed the law to guarantee her access to an individual plan. I end on this note, because it provides a constructive lesson in what still needs to happen. We learned yesterday that major insurance companies, including Anthem Blue Cross, Aetna, and Cigna, plan to stop offering children’s-only health plans instead of obeying the new Patient’s Bill of Rights that requires companies to offer health insurance to children. That is unacceptable.

We created the most pro-consumer, pro-patient framework for health care delivery ever in the history of our great nation. With some of the reforms, the insurance companies backed down and accepted that their insatiable greed would be restricted. With other changes, like children’s coverage, some of the greediest insurance companies continue to try and skirt around the rules. Our work is never done, but as we address the abuses of the insurance companies, the Patient’s Bill of Rights really continues helping real people.

Congressional Republicans have pledged to repeal and defund the Patient’s Bill of Rights. They have pledged to take away vital patient protections and put insurance companies back in charge. We can’t let the Republicans tear down all that’s been accomplished for Gail and the millions of Americans like her.

Congressman John Garamendi served eight years as California's Insurance Commissioner, where he was widely credited for creating the best consumer protection agency in America. He authored a near-universal health care bill that was a key inspiration to President Bill Clinton's health care proposals in the early 1990s.

Welcome to December… let’s watch Congress drag us further into misery.

We are starting December with a very heavy rain… it began around midnight last nite and was still raining five minutes ago when I brought the dogs in from their 10:30 AM walk. I expect it to keep raining most of the day. The low spots on our back lot are flooded already and I imagine groundwater rises are happening all over town. I’ll find out when I go out to the store a little later.

December begins the three or so weeks that Congress has remaining in the Lame Duck Session before all the overpaid and underaccomplishing elected officials head home for the holidays to brag about what they did or didn’t allow to get passed and beg for money. 

Perhaps they will leave after making at least one or two progressive legal advances get through before the Republicans take over the House and add to their seats in the Senate. Taxing the Wealthy would be one legal wonder. I don’t count on it as Obama seems, as usual, getting ready to cave. To me, the best thing would be for nothing to happen and the taxes go back in place for everyone.

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Weekly Audit: We Welcome Our New Plutocratic Overlords

Meet the new global elite. They’re pretty much the same as the old global elite, only richer and more smug.

Laura Flanders of GritTV interviews business reporter Chrystia Freeland about her cover story in the latest issue of the Atlantic Monthly on the new ruling class. She says that today’s ultra-rich are more likely to have earned their fortunes in Silicon Valley or on Wall Street than previous generations of plutocrats, who were more likely to have inherited money or established companies.

As a result, she argues, today’s global aristocracy believes itself to be the product of a meritocracy. The old sense of noblesse oblige among the ultra-rich is giving way to the attitude that if the ultra-rich could do it, everyone else should pull themselves up by their bootstraps.

Ironically, Freeland points out that many of the new elite got rich from government bailouts of their failed banks. It’s unclear why this counts as earning one’s fortune, or what kind of meritocracy reserves its most lavish rewards for its most spectacular failures.

Class warfare on public sector pensions

In The Nation, Eric Alterman assails the Republican-controlled Congress’s decision to scrap the popular and effective Build America Bonds program as an act of little-noticed class warfare:

These bonds, which make up roughly 20 percent of all new debt sold by states and local governments because of a federal subsidy equivalent to some 35 percent of interest costs, ended on December 31, as Republicans proved unwilling even to consider renewing them. The death of the program could prove devastating to states’ future borrowing.

Alterman notes that the states could face up to $130 billion shortfall next year. States can’t deficit spend like the federal government, which made the Build America Bonds program a lifeline to the states.

According to Alterman, Republicans want the states to run out of money so that they will be unable to pay the pensions of public sector workers. He notes that Reps. Devin Nunes (R-CA), Darrell Issa (R-CA) and Paul Ryan (R-WI) are also co-sponsoring a bill to force state and local governments to “recalculate” their pension obligations to public sector workers.

Divide and conquer

Kari Lydersen of Working In These Times explains how conservatives use misleading statistics to pit private sector workers against their brothers and sisters in the public sector. If the public believes that teachers, firefighters, meter readers and snowplow drivers are parasites, they’ll feel more comfortable yanking their pensions out from under them.

Hence the misleading statistic that public sector workers earn $11.90 more per hour than “comparable” private sector workers. However, when you take education and work experience into account, employees of state and local governments typically earn 11% to 12% less than private sector workers with comparable qualifications.

Public sector workers have better benefits plans, but only for as long as governments can afford to keep their contractual obligations.

Who’s screwing whom?

Former Secretary of Labor Robert Reich is calling for a sense of perspective on public sector wages and benefits. In AlterNet he argues that the people who are really making a killing in this economy are the ultra-rich, not school teachers and garbage collectors:

Public servants are convenient scapegoats. Republicans would rather deflect attention from corporate executive pay that continues to rise as corporate profits soar, even as corporations refuse to hire more workers. They don’t want stories about Wall Street bonuses, now higher than before taxpayers bailed out the Street. And they’d like to avoid a spotlight on the billions raked in by hedge-fund and private-equity managers whose income is treated as capital gains and subject to only a 15 percent tax, due to a loophole in the tax laws designed specifically for them.

Signs of hope?

The economic future looks pretty bleak these days. Yes, the unemployment rate dropped to 9.4% from 9.8% in December, but the economy added only 103,000, a far cry from the 300,000 jobs economists say the economy really needs to add to pull the country out its economic doldrums.

Andy Kroll points out in Mother Jones that it will take 20 years to replace the jobs lost in this recession, if current trends continue.

Worse yet, what looks like job growth could actually be chronic unemployment in disguise. The unemployment rate is calculated based on the number of people who are actively looking for work. Kroll worries that the apparent drop in the unemployment rate could simply reflect more people giving up their job searches.

For an counterweight to the doom and gloom, check out Tim Fernholtz’s new piece in The American Prospect. He argues that the new unemployment numbers are among several hopeful signs for economic recovery in 2011. However, he stresses that his self-proclaimed rosy forecast is contingent upon avoiding several huge pitfalls, including drastic cuts in public spending.

With the GOP in Congress seemingly determined to starve the states for cash, the future might not be so rosy after all.

This post features links to the best independent, progressive reporting about the economy by members of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

Weekly Audit: We Welcome Our New Plutocratic Overlords

 

By Lindsay Beyerstein, Media Consortium blogger

Meet the new global elite. They’re pretty much the same as the old global elite, only richer and more smug.

Laura Flanders of GritTV interviews business reporter Chrystia Freeland about her cover story in the latest issue of the Atlantic Monthly on the new ruling class. She says that today’s ultra-rich are more likely to have earned their fortunes in Silicon Valley or on Wall Street than previous generations of plutocrats, who were more likely to have inherited money or established companies.

As a result, she argues, today’s global aristocracy believes itself to be the product of a meritocracy. The old sense of noblesse oblige among the ultra-rich is giving way to the attitude that if the ultra-rich could do it, everyone else should pull themselves up by their bootstraps.

Ironically, Freeland points out that many of the new elite got rich from government bailouts of their failed banks. It’s unclear why this counts as earning one’s fortune, or what kind of meritocracy reserves its most lavish rewards for its most spectacular failures.

Class warfare on public sector pensions

In The Nation, Eric Alterman assails the Republican-controlled Congress’s decision to scrap the popular and effective Build America Bonds program as an act of little-noticed class warfare:

These bonds, which make up roughly 20 percent of all new debt sold by states and local governments because of a federal subsidy equivalent to some 35 percent of interest costs, ended on December 31, as Republicans proved unwilling even to consider renewing them. The death of the program could prove devastating to states’ future borrowing.

Alterman notes that the states could face up to $130 billion shortfall next year. States can’t deficit spend like the federal government, which made the Build America Bonds program a lifeline to the states.

According to Alterman, Republicans want the states to run out of money so that they will be unable to pay the pensions of public sector workers. He notes that Reps. Devin Nunes (R-CA), Darrell Issa (R-CA) and Paul Ryan (R-WI) are also co-sponsoring a bill to force state and local governments to “recalculate” their pension obligations to public sector workers.

Divide and conquer

Kari Lydersen of Working In These Times explains how conservatives use misleading statistics to pit private sector workers against their brothers and sisters in the public sector. If the public believes that teachers, firefighters, meter readers and snowplow drivers are parasites, they’ll feel more comfortable yanking their pensions out from under them.

Hence the misleading statistic that public sector workers earn $11.90 more per hour than “comparable” private sector workers. However, when you take education and work experience into account, employees of state and local governments typically earn 11% to 12% less than private sector workers with comparable qualifications.

Public sector workers have better benefits plans, but only for as long as governments can afford to keep their contractual obligations.

Who’s screwing whom?

Former Secretary of Labor Robert Reich is calling for a sense of perspective on public sector wages and benefits. In AlterNet he argues that the people who are really making a killing in this economy are the ultra-rich, not school teachers and garbage collectors:

Public servants are convenient scapegoats. Republicans would rather deflect attention from corporate executive pay that continues to rise as corporate profits soar, even as corporations refuse to hire more workers. They don’t want stories about Wall Street bonuses, now higher than before taxpayers bailed out the Street. And they’d like to avoid a spotlight on the billions raked in by hedge-fund and private-equity managers whose income is treated as capital gains and subject to only a 15 percent tax, due to a loophole in the tax laws designed specifically for them.

Signs of hope?

The economic future looks pretty bleak these days. Yes, the unemployment rate dropped to 9.4% from 9.8% in December, but the economy added only 103,000, a far cry from the 300,000 jobs economists say the economy really needs to add to pull the country out its economic doldrums.

Andy Kroll points out in Mother Jones that it will take 20 years to replace the jobs lost in this recession, if current trends continue.

Worse yet, what looks like job growth could actually be chronic unemployment in disguise. The unemployment rate is calculated based on the number of people who are actively looking for work. Kroll worries that the apparent drop in the unemployment rate could simply reflect more people giving up their job searches.

For an counterweight to the doom and gloom, check out Tim Fernholtz’s new piece in The American Prospect. He argues that the new unemployment numbers are among several hopeful signs for economic recovery in 2011. However, he stresses that his self-proclaimed rosy forecast is contingent upon avoiding several huge pitfalls, including drastic cuts in public spending.

With the GOP in Congress seemingly determined to starve the states for cash, the future might not be so rosy after all.

This post features links to the best independent, progressive reporting about the economy by members of The Media Consortium. It is free to reprint. Visit the Audit for a complete list of articles on economic issues, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Mulch, The Pulse and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

Weekly Mulch: The Sticky Truth about Oil Spills and Tar Sands

by Sarah Laskow, Media Consortium Blogger

The National Oil Spill Commission released its report on last year’s BP oil spill this week. The report laid out the blame for the spill, tagging each of the three companies working on the Deepwater Horizon at the time, Halliburton, Transocean and BP, and also offered prescriptions for avoiding similar disasters in the future.

As Mother Jones‘ Kate Sheppard notes, it’s unlikely the recommendations will impact policy going forward.

“I think the recommendations are pretty tepid given the severity of the crisis,” Jackie Savitz, director of pollution campaigns at the advocacy group Oceana, told Sheppard. “Even the small things they’re suggesting, I think it’s going to be hard to convince Congress to make those changes.”

No transparency for you!

Last summer, after the spill, the Obama administration tried hard to look like it was pushing back against the oil industry, even though just weeks before the spill, the president had promised to open new areas of the East Coast to offshore drilling.

This week brought new evidence that, despite some posturing to the contrary, the administration is not exactly unfriendly to the energy industry. One of the key decisions the administration faces about the country’s energy future is whether to support the Keystone XL, a pipeline that would pump oil from tar sands in Canada down to Texas refineries.  And one of the key lobbyists for TransCanada, the company intending to build the pipeline, is a former staffer for Secretary of State Hillary Clinton.

Friends of the Earth, an environmental group, filed a Freedom of Information requesting correspondence between the lobbyist, Paul Elliott, and his former boss, but the State Department denied the request.

“We do not believe that the State Department has legitimate legal grounds to deny our FOIA request, and assert that the agency is ignoring its own written guidance regarding FOIA requests and the release of public information,” said Marcie Keever, the group’s legal director, The Michigan Messenger’s Ed Brayton reports. “This is the type of delay tactic we would have expected from the Bush administration, not the Obama administration, which has touted its efforts to usher in a new era of transparency in government, including elevated standards in dealing with lobbyists.”

Tar sands’ black mark

What are the consequences if the government approves the pipeline? As Care2’s Beth Buczynski writes, “Communities along the Keystone XL pipeline’s proposed path would face increased risk of spills, and, at the pipeline’s end, the health of those living near Texas refineries would suffer, as tar sands oil spews higher levels of dangerous pollutants into the air when processed.”

What’s more, the tar sands extraction process has already brought environmental devastation to the areas like Alberta, Canada, where tar sands mining occurs. Earth Island Journal’s Jason Mark recently visited the Oil Sands Discovery Centre in Ft. McMurray, Alberta, which he calls “impressively forthright” in its discussion of the environmental issues brought on by oil sands. (The museum is run by Alberta’s provincial government.) Mark reports:

The section on habitat fragmentation was especially good. As one panel put it, “Increasingly, Alberta’s remaining forested areas resemble islands of trees in a larger network of cut lines, well sites, mine, pipeline corridors, plant sites, and human settlements. … Forest disturbances can also encourage increased predation and put some plants and animals at risk.”

Not renewable, just new

The museum that Mark visited also made clear that extracting and refining oil from tar sands is a labor-intensive practice. He writes:

Mining, we learn, is just the start. Then the tar has to be “upgraded” into synthetic petroleum via a process that involves “conditioning,” “separation” into a bitumen froth, then “deaeration” to take out gases, and finally injection into a dual-system centrifuge that removes the last of the solids. Next comes distillation, thermal conversion, catalytic conversion, and hydrotreating. At that point the recombined petroleum is ready to be refined into gasoline, diesel, and jet fuel. It all felt like a flashback to high school chemistry.

Why bother with this at all? In short, because with easily accessible sources of oil largely tapped out, techniques like tar sands mining and deepwater drilling are the only fonts of oil available. This problem is going to get worse, as The Nation is explaining over the next few weeks in its video series on peak oil.

Energy and the economy

Traditional ideas about energy dictate that even as the world uses up limited resources like oil, technology will create access to new sources, find ways to use limited resources more efficiently, or find ways to consume new sources of energy. These advances will head off any problems with consumption rates. The peak oil theory, on the contrary, argues that it is possible to use up a resource like oil, that there’s a peak in supply.

Once the peak has been passed, the consequences, particularly the economic consequences, become dire, as Richard Heinberg, senior fellow with the Post Carbon Institute explains. “If the amount of energy we can use is declining, we may be seeing the end of economic growth as we define it right now,” he told The Nation. Watch more below:

Light green

Part of the problem is that the energy resources that could replace fossil fuels like oil—wind and solar energy, for instance—likely won’t be in place before the oil wells run dry. And as Monica Potts reports at The American Prospect, our new green economy is getting off to a slow start.

Although the administration has talked incessantly about supporting green jobs, Potts writes that the federal government hasn’t even finalized what count as a “green job” yet. The working definition, which is currently under review, asserts that green jobs are in industries that “benefit the environment or conserve national resources” or entails work to green a company’s “production process.” But what does that actually mean?

“That definition was rightly criticized as overly broad,” Potts writes. She continues:

While nearly everyone would include installing solar panels as a green job, what about an architect who designs a green house? (Under the proposed definition, both would count.) … Another problem comes in weighing green purposes against green execution: We could count, for example, public-transit train operators as green workers. But how do we break down transportation as an industry more broadly? Most would probably agree that truckers who drive tractor-trailers running on diesel fuel wouldn’t count as green workers even if they’re transporting wind-turbine parts. And many of the jobs we would count as green already exist.

It doesn’t exactly inspire confidence that the country is moving swiftly toward a bright green future.

This post features links to the best independent, progressive reporting about the environment by members of The Media Consortium. It is free to reprint. Visit the Mulch for a complete list of articles on environmental issues, or follow us on Twitter. And for the best progressive reporting on critical economy, health care and immigration issues, check out The Audit, The Pulse, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

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