Revised Senate health-care bill still lacks the votes to pass
By Sean Sullivan, Kelsey Snell and Juliet Eilperin
July 13 at 2:21 PM - The Washington Post
The Senate GOPfs latest attempt to rewrite the Affordable Care Act showed few
signs of gaining traction Thursday, further imperiling the partyfs quest to
overhaul Barack Obamafs 2010 health-care law.
At least three Republican senators said Thursday they remained opposed to
bringing up the revised bill, while two rank-and-file Republicans announced
plans to offer their own health-care plan just as leaders released an updated
bill of their own. Senate leaders need the support of 50 of their 52 members to
pass the legislation.
Senate Majority Leader Mitch McConnell (R-Ky.) offered a new draft aimed at
meeting specific requests of GOP senators reluctant to support the measure
previously.
The new measure has won the backing of Sen. Ted Cruz (R-Tex.), whose proposal
to allow insurers to sell austere plans that do not comply with ACA requirements
was included in the latest draft. But Sen. Rand Paul (R-Ky.), who says the
measure still does not do enough to unravel the law known as Obamacare, remains
opposed to voting on the bill, as do two centrists, Sens. Susan Collins
(R-Maine) and Rob Portman (R-Ohio).
gMy strong intention and current inclination is to vote no on the motion to
proceed,h Collins told reporters.
Portman, who came out against the original draft of the bill, also said he
was opposed to taking a vote at this point. gIfm in the same position Ifve been
in, looking at the language and looking forward to the analysis,h he said.
The three senatorsf continued opposition, coupled with the move by Sens. Bill
Cassidy (R-La.) and Lindsey O. Graham (R-S.C.) to debut their health-care
proposal on CNN moments before McConnell was set to brief members, demonstrated
how divided the majority remains in its quest to overhaul Obamafs signature
health-care law.
Graham said that he would vote for a procedural motion to start debate on the
bill but that he is still working on changes to make the legislation more
palatable for states such as Nevada, which accepted Medicaid expansion.
gIfm trying to get a bill that will lock down Republican governors,h Graham
told reporters after his caucus met behind closed doors.
In a joint interview with CNN on Thursday, Cassidy and Graham said that they
would take the billions of dollars the federal government now receives in taxes
under the ACA and direct that revenue to the states.
gWefre going to see which one can get 50 votes,h Graham said, referring to
the number of GOP senators needed to approve any bill in the Senate, given that
Vice President Pence is prepared to cast the tiebreaking vote. Referring to
McConnell, he added, gWefre not undercutting Mitch; hefs not undercutting
us.h
The surprise announcement came just before Senate GOP leaders released a
revised health-care proposal Thursday. The updated measure also allows Americans
to pay for premiums with money from tax-exempt health savings accounts (HSAs),
an idea that many conservatives pushed, along with more-generous subsidies to
offset consumersf out-of-pocket health costs and treat opioid addiction.
Cruz told reporters that allowing Americans to use their HSAs to pay for
premiums equates to geffectively a reduction in your rates of 20 to 30 percent,
immediately.h
Cruz, who appeared on Phoenixfs KFYI radio along with Sen. Jeff Flake
(R-Ariz.) on Thursday morning, predicted that the new draft would bring other
members along.
gI think wefre making serious progress toward coming together and unifying
our conference and getting a bill that can command the support of at least 50
senators and pass into law,h he said.
Cruzfs plan would allow insurers to sell plans that donft comply with
Obamacare coverage requirements, such as mandated coverage of preventive care
and mental and substance abuse treatment, provided they offer at least one that
does.
gWhat it is focused on, front and center, is lowering premiums,h Cruz said of
his amendment. gYou, the consumer, should have the freedom to purchase the
insurance you want.h
Critics, including insurers, say that providing the option of skimpier plans
would draw younger, healthier consumers into a separate risk pool. That
development would drive up rates for the Americans buying more comprehensive
coverage on the individual market, which could in turn destabilize the entire
market.
The revised bill would establish a fund to subsidize insurers providing both
kinds of plans gfor the associated costs of covering high-risk individuals,h
according to a GOP summary of the bill. It would also allow individuals buying
catastrophic plans to get a federal tax credit if they would be otherwise
eligible, which is now barred under current law.
It provides $70 billion to an existing $112 billion state stabilization fund
aimed at helping offset consumersf costs, as well as a $45 billion fund to treat
opioid addiction sought by Portman and Shelley Moore Capito (R-W.Va.).
Republicans financed these changes by keeping a trio of Obamacare taxes
targeting high earners. Lawmakers such as Sen. Bob Corker (R-Tenn.) said
repealing those taxes would give too much relief to the wealthy at the expense
of the poor. They include a 3.8 percent tax on net investment income and a 0.9
percent Medicare payroll tax on individuals making $200,000 a year or couples
earning $250,000, along with a tax on insurers with high-paid executives.
Even with these changes, a number of moderate Republicans said that they
remain undecided about the legislation. Cassidy and Sen. John Hoeven (R-N.D.),
for example, said they need to see the Congressional Budget Office score before
making a decision. Senate leaders expect to get numbers from the CBO early next
week.
gWe are going to look at it, read it, understand it and see the CBO score,h
Hoeven told reporters. gAt this point, Ifm reserving judgment.h
Hoeven said he was encouraged by changes made to help lower-income people
afford the cost of their premiums but wants to see estimates of how many people
stand to lose coverage under the revised legislation.
Sen. John Thune (R-S.D.), a top McConnell deputy, said leaders are waiting
for the CBO analysis next week before settling on what elements will be included
in the final Senate bill.
gAt this point, I donft think anything is final,h Thune said. gNot until we
get on the bill next week and get to amend it.h
Senate leaders are also leaving themselves the option of jettisoning the Cruz
proposal after they get the nonpartisan CBO score, which will gauge the Cruz
amendmentfs impact on the budget and the overall number of uninsured.
Senate Majority Whip John Cornyn (R-Tex.) said Thursday that he expects the
CBO will release two scores for the bill but would not confirm what those scores
would include or when it will be released.
gWe are expecting a CBO score, but I canft tell you exactly what the format
will be,h Cornyn told reporters. gThe Lee and Cruz amendment will be
scored.h
The Cruz amendment underwent several iterations in recent weeks, and the
proposal is still being considered by analysts at the CBO, according to two GOP
aides familiar with the process. As a result, the CBO is expected to release one
score without the Cruz provisions and another that will provide further details
on the Cruz amendment.
The changes remain controversial among moderates who worry the Cruz proposal
could drive up premiums for sicker, older Americans. Cornyn stopped short of
promising the changes would be enough to ensure the bill will pass.
gWe will have the votes when we start voting,h Cornyn said.
In a sign of how undecided many GOP senators remain, Flake — who backs Cruzfs
proposal — said in Thursdayfs interview that he remains concerned about the
large cuts to Medicaid funding contained in the bill.
gThere is a lot of concern in Arizona on the Medicaid side,h said Flake,
whose state expanded Medicaid to able-bodied, childless adults under the ACA and
stands to lose billions in federal funds under the Senate bill. gThis amendment
does not affect the Medicaid side at all.h
The revised draft does, however, include a provision stating that in the case
of a public-health emergency, Medicaid spending wouldnft count toward the
per-capita caps imposed by the bill.
The release comes a day after President Trump intensified public pressure on McConnell to shepherd the bill
to passage, even as it remains unclear whether he will have the votes to do that
next week, when he intends to bring it to the Senate floor.
gI am sitting in the Oval Office with a pen in hand, waiting for our senators
to give it to me,h Trump said in an interview with televangelist Pat Robertson
of CBN News. gIt has to get passed. They have to do it. They have to get
together and get it done.h