Archive for April, 2010

April 18, 2010

Health Care Reform: The Insurance industry’s Triumph

This article is the second of a two part series on health care reform. The first article, which can be found here, focused on the details of the bill. This article will chronicle the health insurance industries’ role in shaping and ultimately passing the health care reforms.

The Individual Mandate:

From compromise and things half done,

Keep me with stern and stubborn pride;

And when at last the fight is won,

God, keep me still unsatisfied.

Louis Untermeyer (1885 – 1977)

The American people are acutely aware that the healthcare reform they received from the Obama administration has been the result of an immense number of compromises with both conservatives and private business ineterests. But few recognize just how corrupt those compromises became as deliberations over healthcare proceeded.

Many times had the idea of a single payer system been proposed to congress. Representatives John Conyers, Jr. and Dennis Kucinich, in fact, have introduced the United States National Health Care Act every congressional term for the past 9 years.

Its an interesting comment on the nature of political reform in the United States, if we cared to pay attention to it.

Despite significant support amongst the majority of American citizens, single payer initiatives (which, some have suggested, might closely resemble a medicare like system simply covering all citizens) have, time and again, failed to gain significant traction in congress, and no one is unclear on why this is the case. Plainly, it’s because the government is beholden to the interests of the insurance industry – or, more frankly, to capital.

The extent to which this is the case, however, could do with some closer inspection.

The Health Insurance Lobby (AHIP):

Before the debates in Washignton even began, the idea of a single payer system was off the table. Obama simply rejected the idea outright:

“There are countries where a single-payer system may be working. But I believe – and I’ve even taken some flak from members of my own party for this belief – that it is important for us to build on our traditions here in the United States.”

CEO of the largest health plans provider in the U.S., Angela Braly, put it more bluntly when she told protesters: “we will not sacrifice profitability for membership.”

She held true to her promise. Wellpoint, Inc., the company Braly presides over, funneled over $86 million through AHIP and the National Chamber of Commerce to help defeat any possibility of a single payer reform.

America’s Health Insurance Plans (AHIP) is a national trade association of 1,300 insurance companies. Together, their policies cover nearly 200 million Americans.

The association has been extremely active since their formation in 2003, and has spent over $30 million in lobbying efforts in Washington to influence federal regulators and representatives. They have 53 full time lobbyists currently working for them.

Some of AHIP’s top member companies have also managed to hire themselves out directly to senators.

Democrat Max Baucus, for instance, recruited former Wellpoint Vice President Liz Fowler as a top aide in 2008, the same year her company was ordered to pay tens of millions of dollars to families they had illegally cancelled insurance on.

Carrie Brown of Politico writes,

“If you drew an organizational chart of major players in the Senate health care negotiations, Fowler would be the chief operating officer.

As a senior aide to Baucus, she directs the Finance Committee health care staff, enforces deadlines on drafting bill language and coordinates with the White House and other lawmakers.”

As a senior aide to Baucus, Fowler was charged with authoring the first guide to what would eventually become our health care reform: HR 3590′s  white paper.

Baucus was naturally greatful. So greatful, in fact, that he made a special point of thanking the former vice president of public policy for Wellpoiont Inc. in front of the U.S. senate:

“I wish to single out one person, and that one person is sitting next to me. Her name is Liz Fowler. Liz Fowler is my chief health counsel. Liz Fowler has put my health care team together. Liz Fowler worked for me many years ago, left for the private sector, and then came back when she realized she could be there at the creation of health care reform because she wanted that to be, in a certain sense, her profession lifetime goal. She put together the White Paper last November–2008–the 87-page document which became the basis, the foundation, the blueprint from which almost all health care measures in all bills on both sides of the aisle came.”

Conclusions:

Amidst the brawl over health care reform, one party stands out as the clear winner. The insurance industry.

Although the entirety of the health care debate has been shown through the lens of America’s politicians – between the Democrats and Republicans – the real dividing line in this debate has been between American workers and the insurance lobby.

In their bid to effectively author the new healthcare reforms, the insurance lobby was willing to make limited concessions. They ultimately would concede regulations on coverage for people with pre-existing conditions, the limited extension of coverage to more citizens, and state run health-care exchanges. But those concessions were made with the knowledge that reform would ultimately increase the transfer of wealth from American families to the wealthiest private business interests.

In other words, it is true that more of us will qualify for insurance, and that more people will be covered going forward than were in the past. But as far as the insurance industry is concerned, we’re simply using public tax dollars to subsidize privately owned businesses.

April 7, 2010

Mining Disaster in West Virginia

“[So] tell them how safe the mines are today

and how to be like daddy and bring home a big pay.

Now don’t you believe them my boy, that story’s a lie -

remember the disaster at the Mannington mine

Where 78 miners were buried alive

Cos’ of unsafe conditions your daddy died.”

Hazel Dickens – 1968

This week, 25 miners lost their lives in a mine explosion at the Performance Coal Co. in Raleigh County, West Virginia. The explosion was the worst mining disaster in over two decades, if you don’t count the 10,000 who have died from black lung in the past decade.

Rescue workers are still working around the clock to find an additional 4 miners who are still missing.

The news comes only days after five workers died at an oil refinery in Anacortes, Washington.

Massey Energy Co., the company which owns the mine, is no stranger to mining disasters. The company has been cited for hundreds of mine safety violations in recent years, and last month, they were fined three times for ventilation problems which may have led to this disaster.

In March alone, the Mine Safety and Health Administration cited the company’s Upper Big Branch mine, where the disaster took place, for 53 safety violations.

These violations have come at a high price for the workers. In 2008, one of Massey’s subsidiary companies paid the largest settlement in the history of the coal industry. They plead guilty to safety violations that killed two miners in a fire, who suffocated and died partly as a result of the company removing needed ventilation controls.

At the Upper Big Branch Mine in Raleigh County, conditions were far worse. In an interview with the New York Times, miners told reporters that in the two months preceeding the disaster, workers had been evacuated three times because of dangerously high methane levels.

Andrew Tyler, an electrician who worked at the Upper Big Branch said “no one will say this who works at that mine, but everyone knows that it has been dangerous for years.”

Although it is still unclear what exactly led to the explosion, Kevin Stricklin of the Mine Safety and Health Administration said of the disaster: “something went very wrong here. All explosions are preventable. It’s just making sure you have things in place to keep one from occurring.”

Regulation of the Mines:

It was long known by regulators and workers alike that the conditions of the UBB mine were hazardous. Hundreds upon hundreds of violations had been found by inspectors, and workers were being evacuated monthly because of dangerously high methane levels.

As it turned out, the company’s chief executive, Don L. Blankenship, was writing memo’s to his staff to ignore the warnings. A 2005 memo which has resurfaced as a result of the disaster appears to encourage his deep mine superintendents to “run coal” at any cost:

“If any of you have been asked by your group presidents, your supervisors, engineers or anyone else to do anything other than run coal (i.e., build overcasts, do construction jobs, or whatever), you need to ignore them and run coal.”

Indeed, the Mining Industry, in particular Massey Energy Co., has done everything in its power to flaunt safety, environmental and health regulations.

To do so, mining companies have joined together in an effort to appeal as many violations as they can,as fast as they can. In so doing, they are, as Representative George Miller of California said, “[rendering] the federal efforts to hold mine operators accountable meaningless.”

Their strategy is simply to overwhelm regulators with appeals.

The strategy is working. One in four citations issued against coal mines are now appealed. The result is an overflow of 18,000 appeals waiting to be reviewed and $210 million in contested penalties.

But simply overwhelming regulators isn’t their only tactic. Mr. Blankenship also spent millions of dollars in a campaign to elect Chief Justice Brent D. Benjamin to the West Virginia Supreme Court. In return, the Chief Justice twice helped throw out $50 million cases against Massey Co., leading the U.S. Supreme Court to rule that from now on, judges must dismiss themselves from cases involving people who have spent large amounts of cash in their elections.

Further inquiries have been launched into a series of photographs released in 2008 showing Mr. Blankenship dining on the French Riviera with another court justice. The photographs were taken while several other cases were being heard by the judge, all involving Massey Co.

According to the National Institute on Money in State Politics, Mr. Blankenship has also contributed more than $100,000 to political campaigns in West Virginia. Associates of the company, as well as its political action committee, have spent an additional $307,000 on federal candidates.

Conclusions:

It’s a simple fact of life in our economy that to own and run a successful business, you have to prioritize profit. That priority, however, is going to have different effects on different industries.

To the Barista in the downtown coffee shop, it’s going to mean precarious scheduling.

To the farm laborer, it’s going to mean more ICE raids.

And to the coal miner, it’s going to mean increased safety risks.

Business owners must prioritize profit. Mr. Blankenship, the owner of Massey Co., demonstrates for us with great clarity the kind of sociopath that the business world sometimes creates – a man so consumed with the desire to “run more coal,” that he will sacrifice 25 lives.

Large business owners like Blankenship, moreover, are more than capable of taking on both the courts and the regulators. He quite literally owns the judges who oversee his cases, and his political contributions all but guarantee tolerable legislation.

Blankenship, far from being an exception in the business world, is one of many business owners with a callous disregard for the lives of their workers.

So long as we operate in an economy based on profit instead of on human needs, we will continue to suffer these disasters, like the miners, from one generation to the next.

Hazel Dickens put it better than I could when she sang:

“How can God forgive you, you do know what you’ve done?

You’ve killed my husband now you want my son.”

April 2, 2010

Whats in the Health Care Bill

Below is the first of a two-part series on the Democrats bill, HR 3590 – the health care reforms.

Health care reform in the United States has finally arrived.

After years of debate, President Barack Obama signed HR 3590 into law on March 23rd, 2010, heralding a new chapter in health care for millions of Americans.

The Democrats are ecstatic over the win. But is this really a victory for the American working class?

Lets take a look.

Health Care Reform’s History:

Health care reform, or “Obamacare” as it’s sometimes called, has its roots in Hilary Clinton’s own health care battle of the 1990′s. But it may surprise you exactly where in that debate its major ideas come from.

No, it wasn’t Hilary’s legislative proposals which inspired Obama’s  reformation – it was in fact Republican proposals which formed Obama’s health care overhaul. Specifically, it was a health care strategy first articulated by the conservative think tank the Heritage Foundation. You can still read the original plans here and here.

Notably, amongst its original supporters were Richard Nixon, George Bush senior and even Mitt Romney.

Amongst their proposals were the creation of an “individual mandate,” and the founding of “insurance exchanges” – both of which are now pillars of the Democrats’ reforms; but originally, the republicans supported them as good “free market” alternatives to government entitlement programs like Medicare.

This is precisely why Obamacare passed where numerous other health reform efforts failed. It was a good, free market option that CEO’s could get behind. “Government is,” after all “the shadow cast by big business over society,” as John Dewey once remarked.

That being said, lets take a closer look at the contours of this new silhouette on the next page.

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