Political Hotsheet
By

Stephanie Condon /

CBS News/ March 22, 2010, 5:22 PM

Health Care Bill Passed the House, But Battles Ahead in Senate, Court

health care

Updated at 5:20 p.m. ET.

Democrats in the House pulled off a narrow but significant victory Sunday night, passing the Senate's comprehensive health care bill, as well as a reconciliation "fix it" bill. But the legislative, political and legal battles over the bill aren't over.

The Senate bill is primed to become law once President Obama signs it, but the Senate must still pass the reconciliation bill that will alter the main bill in order for Democrats' work on health care to be over. Among other things, the bill would strip the Senate bill of politically-toxic provisions like the so-called "Cornhusker Kickback."

Republicans, however, plan to obstruct the process every way they know how, from offering hundreds of amendments to challenging whether elements of the bill are allowed under the rules of the special process of reconciliation. For anyone who may have expected Republicans to give up their opposition after last night's vote, Sen. Judd Gregg (R-N.H.), the top Republican on the Senate Budget Committee, made it clear yesterday passing the reconciliation bill would be a battle.

"The last thing we should do is allow this failed policy to worsen," Gregg said in a statement. "The reconciliation bill was used to buy votes in the House, but that does not mean that the Senate should go along with this misguided exercise."

The GOP wants to force Democrats to stand by the "Cornhusker Kickback" and other less-than-ideal provisions in the bill. And after more than a year of debate on health care, some Democrats are no doubt ready to move on to other issues. Anxious to strip the bill of those elements, however -- as well as pass the student loan reforms included in the reconciliation bill -- it's likely the Senate will successfully pass the 153-page measure. Senate Majority Leader Harry Reid assured House Democrats that the reconciliation bill will pass with a letter from more than enough senators indicating they support its passage.

Before the Senate can take up the reconciliation measure, President Obama must sign the Senate bill into law. The White House says there's no rush for the signing ceremony to take place, CBS News White House Correspondent Peter Maer reports, but it nevertheless is expected to happen early this week.

Once the Senate takes up the reconciliation bill, Democrats will have to be very mindful of the rules. Reconciliation is a process that allows the Senate to overcome a filibuster with just 51 votes, but it can only apply to measures that impact the federal budget -- a rule known as the "Byrd rule," named for its author, Sen. Robert Byrd (D-W.V.). What is acceptable under the Byrd rule is decided by the Senate parliamentarian -- a congressional official who acts as a sort of Senate referee.

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A group of senators and staffers are expected to meet with the parliamentarian today, the Washington Post reports, to discuss certain provisions that could possibly violate reconciliation rules. The GOP has zeroed in on the Democrats' plan to alter the so-called "Cadillac" tax on high-end insurance plans, arguing that it would affect the Social Security trust fund -- something not allowed under reconciliation rules.

Before the Senate bill passed in the House yesterday, House Minority Leader John Boehner issued a warning to House Democrats that their colleagues in the Senate had not yet discussed the Social Security trust fund issue with the parliamentarian, indicating they would not bother to pass the reconciliation bill.

"It should now be clear to House Democrats that they have no guarantees," Boehner said in a statement. Democratic staffers called that charge "absurd," ABC News reports. Some Senate Democrats said they actually tried to schedule a meeting with GOP senators and the parliamentarian for Friday, but the Republicans "boycotted" it, the Hill reports.

Reid wants to kick off 20 hours of debate over the reconciliation bill Tuesday, the Washington Post reports, assuming Mr. Obama has signed the Senate bill by then. Sen. John Cornyn (R-Texas) said on "Fox News Sunday" that the GOP plans to offer "in the order of hundreds" of amendments to the legislation. However, if debate does indeed start Tuesday, it is likely the GOP amendments would only prolong the debate through Saturday at the latest, according to the Post.

If any amendments are passed during the Senate debate, the House would have to vote once again on the updated reconciliation package. Given that the House has already passed the measure once, however, finding the votes for a slightly tweaked version should not be a problem for Democrats.

Of course, even after all the legislation is passed, the battle will continue. Republicans plan on making the health reform package a campaign issue in the upcoming midterm elections, and numerous state officials are already questioning the legality of the sweeping legislative overhaul.

Virginia's state attorney general, among other state attorneys general, has indicated he will file legal challenges to the bill on the grounds that it is unconstitutional to require individuals to purchase health care, the New York Times reports.

Florida's state attorney general announced Monday it will file suit with nine other state attorneys general, Reuters reports. Attorneys general from South Carolina, Nebraska, Texas, Utah, Pennsylvania, Washington, North Dakota, South Dakota and Alabama will join the suit.

"The health care reform legislation passed by the U.S. House of Representatives last night clearly violates the U.S. Constitution and infringes on each state's sovereignty," Florida Attorney General Bill McCollum, a Republican, said at a news conference.

Meanwhile, Idaho Gov. C.L. "Butch" Otter signed into law this month a measure requiring the Idaho state attorney general to sue the federal government over the health care bill. Similar legislation is pending in as many as 37 other states.

President Obama will continue touring different parts of the country to convince voters his health care bill will be beneficial. White House Press Secretary Robert Gibbs announced on Twitter that Mr. Obama will go to Iowa City, Iowa on Thursday, "where the grassroots campaign for health insurance reform started."

UPDATE: House Democratic leaders today signed the health care bill, a formality that takes place before the bill is sent to the president for his signature. While this is a typical step in the legislative process, Democratic leaders invited the media to the signing because of the bill's significance. Mr. Obama plans to sign the bill late Tuesday morning.

UPDATE: Reps. Steve King (R-Iowa) and Michele Bachmann (R-Minn.), as well as Sen. Jim DeMint (R-S.C.), all are planning on introducing legislation this week to repeal the Democratic health care bill.

Watch CBS News White House Correspondent Chip Reid and CBS News Congressional Correspondent Nancy Cordes discuss the politics of Sunday's health care vote on today's "Washington Unplugged," below:


More Coverage of Health Care Reform:

House Passes Health Care Bill
Poll: Health Care Reform Still Confusing
Health Care Debate Shows Ideological Split
Obama: "This is What Change Looks Like"
Health Care Vote: How Each Representative Voted
Announcement of the Vote
Boehner Tells Democrats: Shame on You
Pelosi Urges House to "Make History"
Health Care Bill: What's In It?
Short-Term Effect of the Bill
What, Me Worry? Obama Watches Basketball
Stupak Called "Baby Killer" for Backing Bill
CBSNews.com Special Report: Health Care

© 2010 CBS Interactive Inc. All Rights Reserved.
574 Comments Add a Comment
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erb0087 says:
"HIGH-COST INSURANCE Starting in 2018, employers that offer workers pricier plans - or those with total premiums of $10,200 or more for singles and $27,500 for families - would be subject to a 40 percent tax on the excess premium, said C. Clinton Stretch, managing principal of tax policy at Deloitte..."

C. Clinton Stretch ??

Is that one of those humorous made-up names ?
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CBSisCommunist5 says:
R.I.P

Democracy

July 4, 1776 - March 22, 2010
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velma179 replies:
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by CBSisCommunist5 March 22, 2010 8:23 PM EDT
R.I.P

Democracy

July 4, 1776 - March 22, 2010

_________________

Not only are your dates wrong -- if you are referring to the establishment of the governing of the USA and the day HCR passed (yesterday) -- but you also have the type of government incorrect.

The USA is a Representative Republic.

It is this lack of fact checking that makes folks like you so vulnerable to any lie or falsehood that comes along... you buy it as long as it fits your political bias, truth be damned. That is so tragic in a country with such opportunity and a time with such readily available information.
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generationc says:
Nancy Pelosi is a strong woman and I am thankful she is there.
Great Job !!!
31 Million Americans Thank You and their Children who will be covered up to Age 26, voting Age Thanks You.
We will make sure That You Will Stay in Office.
We will also make sure that we vote out as Many Republicans As Possible.
November means No More Republican Game Playing, Uncaring IDIOTS will Control Our Present and Our Future. They Almost Took This Entire Country Down along with Many Other Countries In The World.
We Have Not Forgotton.
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JavMD replies:
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yeah... i can now get health insurance from the same 'for profit' companies as before (when I couldn't afford it). But the government will soon create a state run agency (exchange) with regulations. I wonder what company in their right mind (business model) would prefer to operate like that? and what would their PREMIUM would cost, oh but by APRIL 15 i would get a subsidy, but I couldn't afford the PREMium in the FIRST PLACE. and if I'm so poor (poverty level) I don't pay or get much tax refund anyway so... how would i get a subsistence 'check' to pay that monthly premium?

DREAMERS.... but without dreams we're in trouble...

you can fool most of the people most of the time...

So... lets look at this... my premium is $1249 a Qtr...NOW..
I dropped it.

Guess I'll pay the fine of once a year and go to the emergency room and VA hospital... like that is run any better than any other part of government including 'exchanges' with regulations.

BY the way, ask NOrtheast Ohio electric bill payers... DID PUCO (regulate) the First Energy (for profit) company ? I don't think so...

Dream, dream... dream.. until we get 'single-payer' only then will costs come down
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generationc says:
Nancy Pelosi is a strong woman and I am thankful she is there.
Great Job !!!
31 Million Americans Thank You and their Children who will be covered up to Age 26, voting Age Thanks You.
We will make sure That You Will Stay in Office.
We will also make sure that we vote out as Many Republicans As Possible.
November means No More Republican Game Playing, Uncaring IDIOTS will Control Our Present and Our Future. They Almost Took This Entire Country Down along with Many Other Countries In The World.
We Have Not Forgotton.
reply
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erb0087 says:
"But, the Founders knew when the wrote down those words that all men were created equal..."

Only the ones who had freed all the slaves that they had inherited from their fathers.

They're the only ones who knew it.

The others would not have been content to wait another 100 years for their own freedom, but would have demanded it at once.
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erb0087 says:
by Mortar_29 March 22, 2010 5:31 PM EDT
That is true, Empire. It wasnt until after the war.

But, the Founders knew when the wrote down those words that all men were created equal, that slavery could not stand. They knew it...and wrote it that way on purpose!
=======================================================

It took a bloody Civil War before slavery was ended.

The Constitution didn't end it. The Civil War did.
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erb0087 says:
The exchanges would also help people who lose their jobs, quit or decide to start their own businesses.

"If you lose your employer-related insurance, you will be able to move seamlessly into the exchange," said Timothy Stoltzfus Jost, a professor at the Washington and Lee University School of Law.

Moreover, people of any age who cannot find a plan that costs less than 8 percent of their income would be allowed to buy a catastrophic policy otherwise intended for people under age 30.
==========================================================

This is a major benefit that affects all working Americans.

No longer are their or their loved ones' health held hostage to a job that's shaky or to an abusive employer whom they loathe.

They will also be freer to start their own businesses without feeling that they are giving their spouses and children as hostages to fortune.

This is major, and it should be emphasized to the public.
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JavMD replies:
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so... i'll be dealing with the same 'for profit' companies as before???

Something doesn't sound right about that. Those companies continue to raise rates I can't afford with or without an 'exchange'. AHHHH... what company will be in an 'exchange' trying to ensure pre-condition people with no caps? hah.... and their rates will be AFFORDABLE???? hah again.

you can fool some of the people some of the time... but not Massachusetts people
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erb0087 says:
On another forum a poster said that the upset over health care reform was like the Y2K hysteria.

The year 2000 came and went, nothing terrible happened, and Y2K became a footnote in history.

Once this bill takes effect, and people realize they and the country are better off, it will receive widespread acceptance.

"For Consumers, Clarity on Health Care Changes

(New York Times)

Here is a look at some of the main ways the health care overhaul might affect household budgets.

The Uninsured

Although most Americans who do not obtain health insurance would face a federal penalty starting in 2014, many experts question how strict the enforcement of that penalty would actually be.

The first year, consumers who did not have insurance would owe $95, or 1 percent of income, whichever is greater. But the penalty would subsequently rise, reaching $695, or 2 percent of income.

Families who fall below the income-tax filing thresholds would not owe anything. Nor would people who cannot find a policy that costs less than 8 percent of their income, said Sara R. Collins, a vice president at the Commonwealth Fund, an independent nonprofit research group.

EXPANDED MEDICAID More lower-income individuals under the age of 65 would be covered by Medicaid, the federal health insurance plan for the poor. Under the new rules, households with income up to 133 percent of the federal poverty level, or about $29,327 for a family of four, would be eligible.

EXCHANGES AND SUBSIDIES Most other uninsured people would be required to buy insurance through one of the new state-run insurance exchanges. People with incomes of more than 133 percent of the poverty level but less than 400 percent (that's $29,327 to $88,200 for a family of four) would be eligible for premium subsidies through the exchanges.

Premiums would also be capped at a percentage of income, ranging from 3 percent of income to as much as 9.5 percent.

EMPLOYMENT FLEXIBILITY The exchanges would also help people who lose their jobs, quit or decide to start their own businesses.

"If you lose your employer-related insurance, you will be able to move seamlessly into the exchange," said Timothy Stoltzfus Jost, a professor at the Washington and Lee University School of Law.

Moreover, people of any age who cannot find a plan that costs less than 8 percent of their income would be allowed to buy a catastrophic policy otherwise intended for people under age 30.

Those With Insurance

EMPLOYER COVERAGE People who receive coverage through large employers would be unlikely to see any drastic changes, nor should premiums or coverage be affected. But almost everyone would benefit from new regulations, like the ban on pre-existing conditions that would apply to all policies come 2014.

There might even be cases where people would be eligible to buy insurance through an exchange instead of through their employer, Professor Jost said: those who must pay more than 9.5 percent of their income for premiums, or those whose plans do not cover more than 60 percent of the cost their benefits.

CHANGES IN MEDICARE One of the biggest changes involves the Medicare prescription drug program. Its unpopular "doughnut hole" - a big, expensive gap in coverage that affects millions - would be eliminated by 2020. Starting immediately, consumers who hit the gap would receive a $250 rebate. In 2011, they would receive a 50 percent discount on brand name drugs.

HIGH-COST INSURANCE Starting in 2018, employers that offer workers pricier plans - or those with total premiums of $10,200 or more for singles and $27,500 for families - would be subject to a 40 percent tax on the excess premium, said C. Clinton Stretch, managing principal of tax policy at Deloitte. Retirees and workers in high-risk professions like firefighting would have higher thresholds ($11,850 for singles, or $30,950 for families), pegged to inflation.

Although the taxes would be levied on the insurer, experts expect the assessment to be passed on to the consumer in the form of higher premiums or reduced benefits."
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JavMD replies:
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mmmm wonder what... "Premiums would also be capped at a percentage of income, ranging from 3 percent of income to as much as 9.5 percent."

Health insurance companies premiums would be capped??? a for profit company? (or through state run exchange?) so if my income is 50,000 my insurance premium would be capped (for sake of arguement) $5000, you want 9% of my income to go to health insurance? What do I have left over to pay my mortgage, car, food, electricity, water-sewer bill, I wouldn't mind having the basic cable service to watch the congress on c-span, ever increasing gasoline, ok to have a beer now and then?
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Mortar_29 says:
ACORN folded! Sweet. One less unAmerican group out there.

Let's keep chopping them down.
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erb0087 says:
I like George W. Bush much better, the way he is now.

"PORT-AU-PRINCE, Haiti - Former Presidents George W. Bush and Bill Clinton toured Haiti's rubble-filled capital Monday to raise aid and investment for a country still reeling from a devastating Jan. 12 earthquake.

It is the first joint visit to the impoverished Caribbean nation for the two former leaders, who were tasked by President Barack Obama with leading the U.S. fundraising effort."
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Mortar_29 replies:
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Why? Why dont you bash him now? I mean, he has to be screwing that up too, right?
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