It is of course, great news that the administration has not actually gone forward and implemented an unsustainable program that would have had disastrous effects on the federal budget. But it’s not great news that HHS has found that the program was just as disastrous as conservatives said it was . . . yet a Democratic Congress, deep in the passion of their historic moment, passed the damn thing anyway. It’s in fact deeply troubling. The problems with CLASS were known from day one, but no one listened, because it gave them good numbers to sell their program politically. Megan McArdle, The Altlantic
What happened here is that government worked exactly the way it ought to. The CLASS Act was passed in a fog of rosy estimates and emotional appeals (it was one of Ted Kennedy’s longstanding priorities), and the Department of Health and Human Services immediately began the detailed work of writing the implementing regulations to get it up and running. And guess what? They did their work honestly and conscientiously. Even though it was a liberal program promoted by a longtime liberal icon, HHS analysts eventually concluded that its conservative critics were right and the program as passed was flawed. So they killed it. And most of the liberal healthcare wonks that I read seem to agree that, unfortunately, HHS was right. Kevin Drum, Mother Jones
Both are writing about the Department of Health and Human Services decision to cut long-term care from the provisions under the Health Care Affordability Act. The figures used by the CBO didn’t add up when the Department of Health Service tried to write regulations implementing the long-term health care features of the legislation. Now, for some reason, cutting out long-term care will reduce cost savings for the over-all Act to $70 million from $150 million.
I think this is a huge case study in everything wrong with Obama pushing the health care bill as the first hallmark of his Administration. Drum’s critique doesn’t cover what’s really wrong, only the Congressional manipulations within the legislative process.
1. A dedicated group of health care advocates within the Democratic Party have been pushing for universal health care since the early 1970s – with approximately the same, single-issue agenda in the year 2009! I believe they took Obama’s election as a mandate for their vision and felt they were now ‘entitled’ to get ‘their bill’ passed. By giving Congress the leadership on the bill, Obama gave this faction an undue influence on its writing. (If I hear Ted Kennedy’s name invoked one more time I may pull out my hair. Sentimentality has no place in writing legislation.)
2. Some of the slimiest misrepresentations and outright lies in my political memory were made by Republicans during the health care debate. It was despicable. But what McArdle criticizes is despicable too: that little care was given to the facts and figures before the Health Care Legislation was voted on. It is exactly this type of cavalier, ‘can’t be bothered with details’ behavior by elected officials that has reduce the public’s confidence in Congress to its lowest point ever and in this Administration ability to lead.
3. Too many Democrats refused to understand that public sentiment had turned more conservative in general but especially after the 2007-9 crisis. Republicans hit the health care bill where every voter could feel it: in its costs. After pushing through bail-out and stimulus programs it was downright arrogant of the Democratic House Leadership not to step back and take a more limited approach at this time of economic uncertainty.
4. Every bill this big is going to have problems. Once the department in charge starts writing regulations to translate legislation into rules, those problems turn up. However, most bill are written in a way that can accommodate a certain amount of ‘winging it’ in drawing up regulation. But the DHH could do nothing like that with this bill. They chucked an entire section/program because the money didn’t add up! There was no small fix in sight.
5. The Administration deserves most of the criticism it is getting. (I reserve the right to change my judgement on that, given the lack of principles from both sides in political discourse.) A lot of the Republican criticisms of Obama’s support for the bail=out and stimulus were cheap shots about aiding ‘cowboy poet’s’ festivals, etc. This was emergency legislation to ward off a worse crisis, it had to be passed before the meltdown worsened. Pork remained in it.
The Republicans beat up on the costs of the health care bill and that message resonated with more and more voters as the months went by. Congress pushed aside the legitimate worries of voters who saw money leaping out the window. The opposition to the bill was not all whipped up by those ‘wascilly wepublicans!”: genuine and growing concerns spread within the public at large. It may be that no party can foresee certain costs and mishaps. (Look at how much more prescription drug benefits in Medicare have ballooned.) But an error this big should not have come from a President who came to power promising to do things in new ways. This was not emergency legislation; it begged for more deliberation.
It is exactly these types of votes for issues that are only partially grasped by members of the House and Senate that infuriate the public.
Kevin Drum is wrong. This is not how government is supposed to work.