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Avoiding Insurance Catastrophe

Controversial Health Care Bill Withdrawn From Senate Consideration

On May 11, 2006, S.1955, the controversial Health Insurance Marketplace Modernization and Affordability Act, was withdrawn from the Senate floor and effectively defeated after Democrats threatened to filibuster the bill.

Introduced in November 2005 by Sen. Mike Enzi (R-WY), the chair of the Senate Health, Education, Labor and Pensions Committee, the proposed legislation would have allowed for the creation of small business health plans ("association health plans") to offer insurance coverage through nonprofit organizations on behalf of the small businesses that make up their memberships. While S.1955's stated purpose was to expand health care access while reducing insurance costs, the bill contained language whereby association health plans would have been exempt from having to comply with state regulations regarding health care coverage.

More than 150 organizations publicly opposed S.1955, and the National Association of Attorneys General sent a strongly worded letter, signed by 41 attorneys general, to members of the U.S. Senate, contending that S. 1955 would "erode state oversight of health insurance plans and eliminate consumer protections in the areas of mandated benefits and internal grievance procedures."

How would S.1955 have impacted naturopathic doctors and their patients? Prior to the bill's defeat, the Washington Association of Naturopathic Physicians outlined its dire consequences:

"S.1955 would preempt state insurance laws, not just in the small group market (as is done by Association Health Plan legislation), but also in the individual and large group markets. S.1955 would take away the states' autonomy to regulate health insurance, and would thwart years of state efforts to make sure that consumers have adequate health care coverage."

"The bill preempts state benefit, service and provider laws which states have enacted to ensure that consumers have adequate health care benefits. Key primary and preventative care services such as cancer screenings and treatment, diabetes supplies and education, mental health, preventive care, rehabilitation, well-child care and immunizations, maternity care, and other vital benefits and protections would be lost. ... S.1955 would preempt mandates that give patients the ability to choose a naturopathic physician for many of these important health services in Washington State."

"Under S.1955, insurance companies, instead of state-elected legislators, would now decide the benefits that consumers should have when they purchase health care. States would have no recourse to protect their own residents and react to state-specific needs, and they would lose their incentives to enact laws in the future and be laboratories for health care innovation."

Senate deliberations on the bill began Tuesday, May 9, when Senate Democrats voted to allow S.1955 to advance to the Senate floor - a reportedly procedural move. Debate was limited to 30 hours and ended Thursday afternoon, at which time Senate Majority Leader, Bill Frist, MD (R-TN) announced that limited amendments to the bill would be considered. Senate Democrats voted against cloture and the bill was pulled from consideration.

Resources/Notes

  1. "S.1955 Falls on Procedural Vote." Press release from The American Chiropractic Association, May 11, 2006.
  2. "National Threat to ND Insurance Coverage." Posted on the Washington Association of Naturopathic Physicians' Web site, April 1, 2005. Summary of bill's impact was included in a sample letter the WANP suggested its members send to their state senators.
  3. In legislative terms, a filibuster is "An informal term for any attempt to block or delay Senate action on a bill or other matter by debating it at length, by offering numerous procedural motions, or by any other delaying or obstructive actions." Cloture is "The only procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter, and thereby overcome a filibuster." Under the cloture rule (Rule XXII), the Senate may limit consideration of a pending matter to 30 additional hours, but only by vote of three-fifths of the full Senate, normally 60 votes (Source: www.senate.gov/reference/glossary_term).

Written by Julie Engebretson

 



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