Is the Public Option Dead? Plus, Amendments That Might Actually Matter

The Associated Press and New York Times are reporting tonight that the 10 senators tapped to negotiate an alternative to or compromise on the Senate health reform bill’s public option have dropped the idea of a government-run health insurance plan altogether. Senate Majority Leader Harry Reid told reporters that the group is sending proposals to the Congressional Budget Office to determine their fiscal impact. (The 10 senators – five centrists and five liberals – are reportedly considering an expansion of Medicare as part of their negotiations.)

But the public option is not Reid’s only headache. As I’ve already noted, many of the amendments being offered on the Senate health reform bill are meaningless because they either have no chance of passing or are so inconsequential that they have universal support from both sides of the aisle. An amendment introduced this evening by Democratic Sen. Byron Dorgan, on the other hand, could have big consequences.

Dorgan is one of the lawmakers who thinks Americans got a raw deal when the White House and Senate Finance Committee Chairman Max Baucus promised earlier this year to shield the drug industry from cuts beyond $80 billion over ten years drug makers agreed to up front. In exchange for this protection, the trade group representing pharmaceutical companies, PhRMA, has thrown its considerable weight behind Democratic health reform, spending millions on television ads supporting the effort.

Dorgan’s amendment, a plan he’s proposed before, would allow pharmacies and pharmaceutical wholesalers to import drugs from other countries – like Canada – where they are available more cheaply than in the U.S. The Congressional Budget Office estimates this amendment would save the federal government $19 billion over 10 years. But it could cost drug makers a lot more and passage of the Dorgan amendment would blow up the White House PhRMA deal.

On the Senate floor while explaining the purpose of his amendment, Dorgan said drug makers got a “sweetheart deal” and that he expects “tremendous pushback from the drug industry.” Dorgan also pointed out that Barack Obama and White House Chief of Staff Rahm Emanuel supported drug “re-importation” when they were in Congress. The pharmaceutical industry is a tough one to defend this week, as some in the House are currently investigating whether drug makers artificially inflated prices in 2009 in anticipation of health reform. Still, Dorgan’s plan could have been destined to obscurity if not for the bipartisan group of 19 other senators co-sponsoring his amendment: Senators Olympia Snowe (R-ME), John McCain (R-AZ), Chuck Grassley (R-IA), Debbie Stabenow (D-MI), Amy Klobuchar (D-MN), Sherrod Brown (D-OH), Jeanne Shaheen (D-NH), David Vitter (R-LA), Herb Kohl (D-WI), Patrick Leahy (D-VT), Russ Feingold (D-WI), Bill Nelson (D-FL), Bernie Sanders (I-VT), Al Franken (D-MN), Sheldon Whitehouse (D-RI), Barbara Boxer (D-CA), Jim Webb (D-VA), Jon Tester (D-MT) and Tim Johnson (D-SD). One glitch for Dorgan: the Food and Drug Administration says implementing his amendment to bring in drugs from outside the U.S. would be “logistically challenging” and could present “safety challenges.” Dorgan said the FDA’s concerns are “bogus.”

Democratic Sen. Bill Nelson also has an amendment that would destroy the White House PhRMA deal. His amendment would shift drug coverage for Americans who qualify for Medicaid and Medicare – known as “dual eligibles” – from Medicare to Medcaid. The government pays much more for drugs paid for via Medicare, so the shift would lower costs for the federal government and, according to Nelson, cost the drug industry “extra profits worth about $106 billion over 10 years.” Nelson introduced his amendment during the Senate Finance Committee markup earlier this year and it failed 10-13, but he intends to try to rally support for it again on the Senate floor.

Related Topics: bill nelson, byron dorgan, medicare expansion, PhRMA, public option, Congress, Democratic Party, Harry Reid, Health Care, Senate, Uncategorized
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  • destor23

    Loaded but honest question here: what if the White House PHRMA deal got blown away by some compromise in the Senate and Obama signed it anyway? These deals aren’t binding, right? Seems the worst you could say is that the lobby might not be willing to deal next time and that they might give donations to opponents. But these deals aren’t laws or treaties, They can, indeed, be broken, right?

  • palininatowel

    TPM now reporting:

    … And now the Times seems to be backing off their report. And we’re getting hints that those reports may have been premature.

  • http://derekg.wordpress.com/ Derek

    If the public option is dead it would be a perfect time for the birth of a third party to catch the wave of liberals leaving the Democrats.

  • palininatowel

    TPM just reporting:

    Democrats Trade Opt-Out For Trigger, Medicare Buy In, And More

  • carotexas1

    Thank you Kate, who are the ten senators?

    Why not pass both drug bills?

  • http://elvisberg.wordpress.com Elvis Elvisberg

    We like to complain about stuff sometimes around here, but thanks a lot for your dogged reporting and continual updates on the doings-on over there. It’s been really good stuff.

  • carotexas1

    Thank you palininatowel, I think this is more than I can digest this time of the evening.

  • carotexas1

    I agree with Elvis, Kate’s posts have been very informative and she seems to know what I want to know.
    .

  • deconstructiva

    Schumer, Pryor, Brown, Carper, Feingold, Harkin, Landrieu, Lincoln, Nelson and Rockefeller
    http://www.huffingtonpost.com/2009/12/08/senate-sinks-abortion-ame_n_384846.html

  • deconstructiva

    …word. Thanks, Kate.

  • square1

    In exchange for this protection, the trade group representing pharmaceutical companies, PhRMA, has thrown its considerable weight behind Democratic health reform, spending millions on television ads supporting the effort.

    You know, I probably shouldn’t be, but I’m a little surprised that people — including the press — take this claim at face value.

  • stuartzechman

    I appreciate the reporting, Kate Pickert.
    .
    Thank you.

  • bacalove

    There should be a Mechanism put in place that Senators can be Recalled by the people in the states they are supposed to represent…. It is very disappointing to see the Power the Insurance Companies have on many senators in the Senate. There is not much we can do at this time but take what we can and cut our losses and not fail to remember Who those Senators were/are who care more for the Insurance Companies than the people they represent, and Vote them out come their turn to run again. There must be retribution for their failure to do what is right for the people. However, I do believe Sen Reid had the power to do a Reconciliation and I am disappointed that he did not have the Courage to take that road! They had a chance to do something right and meaningful and because of a Few bad apples, the dream cannot be materialized. If we let them, the GOP and the Conserva-Dems will not only destroy the United States (guns and outsourcing jobs), they will destroy the world (climate change and love of wars). These enemies of the people are not Noble in otherwords — they are not trustworthy, they are not lovers of humanity and they are the slaves of their cheating, deception and greed!

  • rustyreturns

    “There should be a Mechanism put in place that Senators can be Recalled by the people in the states they are supposed to represent…”

    .
    There is a “mechanism”. It is called an election. Hopefully as people wakeup in the next 1 to 9 years, they will exercise that right and vote the bums out of office.

  • palininatowel

    rusty,
    .
    Aren’t “the bums” pretty much always in office, even after “the bums” have been thrown out?

  • pintortwo

    “The 10 senators – five centrists and five liberals…”
    .
    We have 5 liberal Senators? Well I’ll be…

  • shepherdwong

    Yes, a smart addition to the Time staff and, combined with Karen Tumulty’s, some of the best reporting on the health care reform saga to be found anywhere. Congrats.

  • davetoomey

    Heck, yeah!
    Lets give the Republicans control by spliiting the Democratic Party…

    What a GREAT idea….

  • cfukara

    “The 10 senators – five centrists and five liberals…”

    And these are the ones who determine what the HCR bill will be.
    Let me guess: Since we have a democracy and “fair representation” then we have among the elected democrats in the Senate 30 ‘centrists’ and 30 ‘liberals’.

    ["I spit on thee, O, 'No Taxation Without Representation'", she said.]

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