graphic - health care for all california
Back to Home page

Proposals in Sacramento, 2007

Go to Senator Sheila's Kuehl's page on our website to see her essays on proposals for this year.

Download a table comparing various proposals: table032407.doc

2/5/2008. Leeland Y. Yee. ABX1 1 favored insurers over health for all Californians. San Francisco Chronicle.
11/14/2007. Zenel Cortez. Hasty health care deal not ready for prime time. San Francisco Chronicle.
Oct-November. Sarah Rogers. The Ghost of Earl Warren. Senator Kuehl's newsletter.
9/1/2007. Jordan Rau. Governor and Nuñez Gamble on Strategy for Medical Coverage. Los Angeles Times.
8/28/2007. Fabian Nunez. Healthcare Reform—Now. Los Angeles Times.
6/28/07. Daniel Weintraub. Californians support Major Change in Health Care. Sacramento Bee.
6/22/2007. Jordan Rau. Sacramento Democrats Merge Health Plans. Los Angeles Times.
6/8/2007. Tom Chorneau. 2 Bills Open Critical Debate on Health Care. San Francisco Chronicle.
6/8/2007. David Lazarus. Let Voters Reform Health Care. San Francisco Chronicle.
4/11/2007. Jordan Rau. Proposal: Get Health Insurance or Pay Fine. Los Angeles Times
3/1/2007. Daniel Weintraub. One Health Care Plan—Kuehl's—Is Really Different. Sacramento Bee.
2/6/2007. Jordan Rau. Coalition to Support a California Healthcare Plan. Los Angeles Times.
2/1/2007. Geoge Skelton. GOP Leaders Offer Governor a Prescription for Expanding Health Coverage. Los Angeles Times.
2/1/2007. Daniel Weintraub. Republican Health Plan Offers Some Good Ideas. Sacramento Bee.
1/29/2007. Ricardo Alonso-Zaldivar. California Health Plan Has Budget Hawks Antsy. Los Angeles Times.
1/26/2007. Rick Wartzman. Governor's Health Plan Could be Short-lived. Los Angeles Times.
1/22/2007. Lynda Gledhill. California: Taxes—or Fees—in New Health Plan Raise Critics' Ire. San Francisco Chronicle.
1/22/2007. Lisa Girion. Insurers Have Own Ideas on Coverage. Los Angles Times.
1/19/2007. Deborah Burger. Health Care: The Governor's Plan: a Clear Choice on Health Care Reform. San Diego Union Tribune
1/18/2006. Daniel Weintraub. How the big three health care proposals compare. Sacramento Bee.
1/17/2007. E. Richard Brown. Schwarzenegger's Plan Needs Fixing to Make Sure the Middle Class Has Coverage Too. Los Angeles Times.
1/12/2006. Paul Krugman. Golden State Gamble. New York Times.
1/9/2007. Anthony Wright. Governor Proposes Major Changes in Healthcare. Health Access.
1/9/2007. A Flawed Cure. Los Angeles Times Editorial.
1/9/2007. A Starting Point on Health Care. San Francisco Chronicle Editorial.
1/9/2007. Jordan Rau. Gov. offers bold prescription: All Californians would be required to carry medical insurance. Los Angeles Times
1/9/2007. Lisa Girion. Plan to ensure health coverage could raise costs. Los Angeles Times.
1/8/2007. Press release from Gov. Schwarzenegger's Office.

Leland Y. Yee
ABX1 1 favored insurers over health for all Californians

San Francisco Chronicle
November 14, 2007

I joined California nurses, school employees, senior groups and a number of labor unions last week in opposing the governor's flawed health-care bill, Assembly Bill X1 1. While the bill was touted as a fix to our broken health-care system, after extensive study by the Senate Health Committee and the nonpartisan Legislative Analyst's Office, it is now clear that this proposal was bad for consumers and unfairly favored insurance companies.

This bill was not a step in the right direction, but a huge jump backward for working families who lack health care. As a co-author of the true universal health care bill, Senate Bill 840, I opposed AB X1 1 because it would have required consumers to buy their policies regardless of the cost. Under AB X1 1, all Californians would have been required to buy insurance with no caps on premiums, no regulation of the costs of insurance or medical expenses, no maximum deductibles, and no clearly defined minimum coverage.

In addition, the bill would have provided incentives for employers who now provide benefits to cancel coverage in order to pay cheaper premiums or shift more costs to workers.

Much of the funding was also tied to an increase in the tobacco tax, which I support. However, due to the success of our anti-smoking programs, the funding would be undermined and the revenue stream would continue to decline while the cost of insurance would undoubtedly rise, with shortfalls falling on the backs of working families. The bill also naively counted on increased funding from the federal government - at a time when the Bush administration is cutting children's health-care coverage. California sends significantly more revenue to Washington than we get back in federal funding and services.

The most objectionable part of this proposal was that if an individual did not purchase insurance within 62 days of the enactment of this flawed legislation, then the Franchise Tax Board would have been authorized to collect premiums by garnishment of wages or mortgage liens on the property of working Californians.

This is simply unethical and an unacceptable way to treat California workers. That is why the California Nurses Association, California School Employees Association, Congress of California Seniors, California Alliance for Retired Americans, Gray Panthers, Senior Action Network, United Food and Commercial Workers, Communication Workers of America, League of Women Voters, and the Teamsters, among many stakeholders, opposed the bill.

Last week, the nonpartisan legislative analyst also concluded that the program presents billions of dollars in risk to California taxpayers while the state is struggling to close a $14.9 billion budget deficit.

An analysis by Professor Jonathan Gruber of the Massachusetts Institute of Technology and the National Bureau of Economic Research shows that due to the struggling economy, the governor's health-care plan could result in an even more significant hit to the state budget and increase the number of uninsured.

According to the Gruber study, "[F]or every 100 people losing their jobs, the number of people uninsured grows by 85." Under AB X1 1, this scenario would force even more Californians to spend thousands of dollars a year for insurance they cannot afford.

Such an experiment is under way in the Commonwealth of Massachusetts with troubling results. Already the Commonwealth's budget is being strained by the unanticipated costs of the mandated insurance program. Over the next few years, Massachusetts lawmakers will be forced to divert hundreds of millions of dollars out of the general fund to subsidize a program that was supposed to pay for itself, taking scarce funds away from other critical programs. While this is happening, Massachusetts residents who have not or cannot comply with the mandate to buy costly insurance on the open market are being forced to pay hefty fines, further compromising their ability to meet the requirements of the law.

Under AB X1 1, the consumer would have been forced to foot the bill so insurance companies could profit. Instead of pushing such a fatally flawed legislation, we should all be fighting to change our failing health-care system without penalizing those who can least afford it. This issue is too important for us to get it wrong.

Leland Y. Yee is the assistant president pro tem of the state Senate. Sen. Yee represents the Eighth Senate District, which includes San Francisco and San Mateo counties.

Sara Rogers, Consultant, Health
The Ghost of Earl Warren

I'm writing this article on Halloween night, still in my office in the State Capitol.  I‚ve just finished watching the Assembly Health Committee hold a 6 hour hearing on the Governor‚s health care proposal, during which I ate too much Halloween candy, and, consequently, I find myself in a silly mood.

I am imagining the ghost of the last Republican Governor devoted to passing health reform, Governor Earl Warren, floating through the capitol, his soul unable to rest until health reform is complete.

Well, actually it"s no more dramatic than proclaiming that health reform is "now or never".  With the "Year of Health Reform" drawing to a close, one thing is clear: this issue is not going away any time soon.  

We are fast approaching the 60th anniversary of former California Governor Earl Warren‚s attempt to achieve single payer health care for California.   If only the ghost of Governor Earl Warren would appear to Governor Schwarzenegger.   

Even at the same time as the Governor‚s administration considers enacting emergency regulations to create wait lists and disenroll children in Healthy Families due to the President"s veto of SCHIP, his health reform proposal asks us to blindly trust that affordability, accessibility and cost containment are taken care of.  

But there‚s a big problem.  A thorough reading of the Governor"s proposal clearly shows they aren‚t.  

The truth is that the release of the Governor‚s new draft language in his special session was deeply disappointing.  The language actually reflected a significant step backward even from the preliminary outline released at the beginning of the year.   While imposing a blanket individual mandate requiring every California resident to demonstrate proof of health insurance, it offers with no affordability protections. This means that unless you have a very low income and are, therefore, eligible for public subsidies, you would be required by law to buy private health insurance regardless of how much of your income it would consume.  With health care premiums growing 2-3 times faster than wages, the consequences of this policy for working families are unthinkable.  

Furthermore, the Governor's notion of making insurance affordable is to remove all minimum benefit requirements, potentially requiring low income Californians to purchase unaffordable, high-deductible insurance that doesn't even cover what they need.    

Discussion in the Assembly Health Committee of the Governor's proposal to privatize the California lottery to fund health care left a fury of unanswered questions including the potential impact on other public services that rely on the lottery, including education.

Overall, today's lengthy hearing highlighted continuing deep concern amongst nearly all the stakeholders, with virtually no support.  Contrast this with the nearly 500 organizations fighting hard to secure the very proposal for which Republican Governor Earl Warren advocated nearly 60 years ago ˆ single payer universal health care.  

Single payer supporters strongly agree that we are at an historic crossroads for health reform.  That is why it is particularly important to spend our energy at the crossroads on a proposal that truly achieves what Californians deserve - a modern, affordable health care system that covers everyone.

SB 840 has been steadily moving through the legislature, spurring debate, and winning converts.  As the only proposal that has been tested and proven to contain costs, provide comprehensive benefits and cover every resident, affordably, it is critical that we continue to push hard for the gold standard for health reform.  

The legislation will continue to move in the legislature, beginning again in January.  In the meantime there is a great deal of work happening across the grassroots.  Organizers continue to approach City Councils, Boards of Supervisors, and School Districts for support. They are sponsoring local town halls and seeking organizational endorsements from local businesses and other organizations in order to build local support and educate communities about the need for single payer health care.  This work will pave the way next January to bring single payer back to the Governor‚s desk.  

Let‚s mark the 60th anniversary of Earl Warre'‚s heroic attempt at achieving single payer insurance for California by giving Governor Schwarzenegger a chance to make history with real health reform.

Back to top

Zenei Cortez
Hasty health care deal not ready for prime time
San Francisco Chronicle
November 14, 2007

Rewarding insurance companies is not health care reform

While those who welcome a California health care deal at any cost will cheer the approaching consensus between Democratic leaders and Gov. Arnold Schwarzenegger, there is reason to be wary of a hastily drawn plan that could exacerbate the health insecurity for many Californians.

No matter how you dress it up, the package still amounts to a huge gift for the insurance industry, with millions of new customers who may get little in return. Insurers will still decide who gets care, limit coverage but charge what they want.

Combining the latest version of legislation from Assembly Speaker Fabian Núñez and the most recent proposal by Gov. Arnold Schwarzenegger, the final agreement will likely include a mandate on most uninsured Californians to buy insurance, a requirement that employers provide health benefits or pay a penalty, and a financing plan headed to next November's ballot.

It's equally evident what the deal won't include:

-- Limits - other than a vague reliance on the market which created the mess - on skyrocketing insurance premiums, deductibles, co-pays, hospital charges, doctor's bills and other fees that are rising at double, triple or more the rate of inflation and increases in worker's wages.

-- Choice of doctor, hospital or other provider. Unlike Medicare, insurers or employers will continue to be able to restrict patients to their medical plan's network or require costly additional payments to see other providers.

-- An end to insurance industry control over basic decisions about your health. Insurers will still be able to block referrals to specialists, deny needed medical tests or access to the newest prescription drugs, and can still refuse to pay for care deemed "experimental" or "not medically necessary," even when it is recommended by your doctor.

The goal of expansive reform is laudable. However, the fine print shows this pending plan is full of holes.

All Californians not covered at work or eligible for public subsidies will be forced to buy insurance - or, Speaker Núñez said in a press conference last week, have the premiums deducted from your wages. Punishing the uninsured by seizing their pay to pad insurance company profits is not health care reform.

The cost protections are a mirage. Many middle-income families will qualify for state tax credits to help pay for the insurance they are required to buy. But a tax credit hardly makes up for costly monthly premium payments and other fees.

Further, the proposed annual out-of-pocket limit of 6.5 percent in costs applies only to the barebones mandatory policy. Anyone seeking coverage that includes such essentials as dental, vision, mental health, long-term care, and other needed care will have to pay much more.

The likely result will be more consumer debt for medical bills; a great boon for the banks and credit-card companies but increased financial risk for Californians and an encouragement to self-ration needed care due to the prohibitive cost.

Another significant problem is the tax on employers who must provide coverage or pay a penalty of up to 6.5 percent of their payroll.

According to a June report by the California Healthcare Foundation, non-union California employers spend on average 10.4 percent of their payroll on health benefits. Unionized employers pay 14.5 percent of their payroll or $5,000 more per employee than they would pay under the Núñez version of reform. The Schwarzenegger proposal sets this cost at even less.

Especially with no controls on rising premiums, the final compromise plan will present an obvious incentive for businesses to erode existing coverage by switching to high deductible plans that shift more of the cost to employees. Or they may just drop coverage entirely, escalating labor conflicts in California as more working people struggle to maintain decent health coverage for their families.

Finally, the funding is highly uncertain. It relies on federal money that has been vetoed twice by President Bush. The Núñez bill also counts on increasing tobacco taxes, an idea rejected by California voters just last year. The funding plan also moves money away from our already endangered public safety net hospitals.

A decade ago, there was also a consensus for energy deregulation. The result was blackouts, higher costs for consumers, a financial calamity for the state, and open thievery by Enron and other energy corporations.

We should learn from that experience. Rather than rush through an ill-conceived plan that primarily rewards the same insurance giants, let's adopt a more commonsense step, expand children's health coverage with federal funds now and get real, guaranteed health care reform done next year.

Zenei Cortez is a registered nurse and a member of the California Nurses Association's Council of Presidents.
Back to top

Jordan Rau
Governor and Nuñez Gamble on Strategy for Medical Coverage
Los Angeles Times
September 1, 2007

With time running out to overhaul California's healthcare system this year, Gov. Arnold Schwarzenegger and Assembly Speaker Fabian Nuñez are fashioning a high-stakes strategy to raise business and hospital taxes through a ballot measure that would circumvent defiant Republican lawmakers.

"I think we're on the verge of doing something huge," Nuñez told The Times' editorial board Friday.

The unusual partnership between the Republican governor and the Los Angeles Democrat echoes their collaboration last year, which resulted in landmark global warming legislation and a minimum-wage increase.

But a closed-door deal could incur political wrath for both men. The governor is backing tax increases despite last year's campaign pledge against them, and Nuñez could alienate labor and consumer advocates for supporting mandatory health insurance.

Coming with just two weeks left in the legislative session, the negotiations are focused on expanding medical coverage to nearly all of the 4.9 million Californians without it.

The plan would require all Californians to have insurance and would give subsidies to those unable to afford coverage. It would also address the problems of the private insurance market and require healthcare providers to reveal the costs of their services to foster competition.

Schwarzenegger and Democrats have agreed all year on most of those goals. But they have been stymied on how to pay for it, since any tax increase passed by the Legislature requires two-thirds support, necessitating some Republican votes.

GOP legislators have refused to budge on Schwarzenegger's proposal for a blend of taxes on hospitals, doctors and employers. And Schwarzenegger opposes as too high the Democratic alternative of requiring all employers to spend the equivalent of 7.5% of their payroll on medical care for their workers or pay a fee to the state. Republicans oppose any tax increases and have favored piecemeal efforts to make healthcare more accessible.

Under the gambit now being developed, the Democratic majority in the Legislature would approve a bill containing most of the plan except the financing, and possibly establish a special board to work out the details. Those issues require only a majority approval.

The governor, Democrats and supporters would draw up a ballot initiative for next year. It would ask voters to approve the employer spending mandate -- but at a rate lower than the Democrats' proposal -- as well as a tax on hospital revenues, and possibly a sales tax increase.

"The governor has always said he's open to doing whatever it takes, and that includes the ballot," said Daniel Zingale, a senior advisor to Schwarzenegger.

The money would be used to increase Medi-Cal payments for healthcare providers that treat the poor and pay for insurance for employees whose companies do not provide it.

The hospital tax would allow California to obtain $1.7 billion in extra Medicaid money from the federal government, which matches money the state provides for care of the poor. That money would be distributed back to those hospitals based on how many poor people they cared for.

The hospitals' support is critical to passing any initiative. Plus, some strategists believe that strong backing could budge enough Republican legislators to make the initiative unnecessary because many hospitals in GOP legislative districts stand to benefit financially.

In recent days, Schwarzenegger has intensified his effort to win their backing. An analysis commissioned by some of the hospitals and released a week ago found that the industry would benefit from the additional Medicaid money, and only a small number would be net losers. Of the major chains, Catholic Healthcare West and Sutter Health would each gain more than $180 million, Tenet Healthcare would gain $110 million and Adventist Health would gain $82 million, according to the administration's review of the hospital data.

Kaiser Permanente would lose $119 million, but its chief executive has been supportive of Schwarzenegger's effort. About 30 individual hospitals that don't treat many poor people or are specialty institutions would also lose money.

C. Duane Dauner, president of the California Hospital Assn., has staunchly resisted the hospital tax as long as any hospital loses money. But Thursday, the executive committee of the association's board met with Schwarzenegger to hear his pitch, and the full board meets Tuesday to discuss its next action.

"As hospital groups have become aware that this actually does work, the momentum has swung from resisting it outright to feeling that it holds a lot of promise," said Wade Rose, a spokesman for Catholic Healthcare West, which has been pushing for the tax.

The plan Schwarzenegger and Nuñez are discussing would deviate in two significant ways from the governor's original proposal that he laid out in January to national attention.

First, while all Californians would be required to have insurance -- a bottom-line requirement for Schwarzenegger, but one opposed by labor unions and consumer advocates who say low-income wage earners could not afford it -- Nuñez is insisting on protections for people who make too much to qualify for state subsidies but not enough to shoulder the costs of premiums.
First, while all Californians would be required to have insurance -- a bottom-line requirement for Schwarzenegger, but one opposed by labor unions and consumer advocates who say low-income wage earners could not afford it -- Nuñez is insisting on protections for people who make too much to qualify for state subsidies but not enough to shoulder the costs of premiums.

One idea Nuñez floated to The Times editors would be to cap the maximum amount anyone would have to pay for premiums at 5% of their income. However, that would mean the state would need to find billions more in subsidies than Schwarzenegger had proposed in his $12-billion plan.

The second major difference is that the plan excludes Schwarzenegger's proposal to tax the income of doctors' practices.

The governor's plan would have used that money to increase Medi-Cal payments to doctors, but the California Medical Assn. has opposed the idea, which many doctors say could devastate their practices.

"Some people say that so far doctors have not contributed one single thing to this conversation," Nuñez said. "I'm very disappointed about that. I've never seen a doctor in a welfare line."

In response, Dr. Anmol Mahal, president of the doctor's lobby, said in a statement: "Doctors take care of uninsured patients each and every day. As well as any Sacramento politician, we understand the critical importance of passing healthcare reform for this state."

Nunez said he understood why Schwarzenegger could not support the Democratic bill, AB 8, because its employer tax was nearly double the 4% payroll spending requirement that Schwarzenegger proposed in January.

"This is his last link to his claim on being a Republican, having business support," Nuñez said. "He loses that, he's done."

The strategy has far to go. Senate President Pro Tem Don Perata (D-Oakland) has not signed on to the idea, nor have rank-and-file Democrats. And there is little time left in the legislative session. It is scheduled to end Sept. 14, but lawmakers are hoping to finish Sept. 11, before the Jewish holidays.

At an event in San Diego on Friday, Schwarzenegger said he was optimistic that a deal could be reached.

"Something that was maybe impossible to be done last year, impossible to be done five years ago or 10 years ago, I feel that the timing is right," he said.

Nuñez was more guarded.

"The progress we've made has been considerable," he said. "The question now is, can we go back to our constituencies and can we make the deal work."

"It's not gonna be easy for him and it's not gonna be easy for me," Nuñez said. "He's got a business issue, I've got a labor issue, and we're both gonna have to figure it out. We're both gonna have to be Nixon in China."

Back to top

Fabian Nuñez
Healthcare Reform—Now. We can't let radicals stopy my sensible plan for helping desperate Californians.
Los Angeles Times
August 28, 2007

(Fabian Nuñez is speaker of the Assembly.)

In the next 15 to 18 days before the Legislature adjourns, the narrow window of opportunity we have to achieve healthcare reform in California -- reform that expands access for those who don't have health coverage and keeps costs down for those who do -- will start to close. If history is a guide, we can expect an anything-goes campaign in the next few weeks to delay, derail and demonize healthcare reform. We need to focus on some basic truths to keep that campaign from succeeding.

First, for nearly 10 months now, the reform proposals I put forward with Senate President Pro Tem Don Perata have been vetted in the legislative process, fiscally analyzed by academics and scrutinized by the media. Yet you can count on opponents saying, "We're moving too fast; let's slow down." Practically speaking, what they are really trying to do is kill any reform -- delay means death to controversial big-issue legislation. Given more time, the forces against healthcare reform will find ways to take more potshots at the proposals. We don't need a special session of the Legislature later this year. We don't need to punt to the 2008 election year.

There are two main proposals on the table. One is written by myself and Perata, and one is from the governor. Let me explain why I think that the Nuñez-Perata bill is the only one that can succeed so we can begin to deliver what Californians need.

Basically, our legislation would call on employers to spend at least 7.5% of their payroll on worker healthcare, with employees also contributing to the premiums. The state would subsidize insurance for the poor. This plan builds on the current employer-based system and only requires a majority in each house of the Legislature for passage.

The governor's plan, on the other hand, would require everyone to have insurance, and funding for it would come from a levy on doctors and hospitals in addition to employer contributions. That levy would count as a new tax, according to the legislative counsel, and new taxes require a two-thirds vote in the Legislature. That in itself is a backdoor way of killing healthcare reform because it requires more bipartisanship than can be delivered. The governor's inability to get Republican senators to vote for his state budget -- and that's more a knock on them than him -- shows the folly of trying to win support from the hyper-partisan right.

Does this mean that I don't want to include my Republican colleagues in the process of creating reform? Not at all. But should the fate of healthcare reform be dependent on far-right Republican senators who only support a laissez-faire/free-market approach that Californians overwhelmingly reject? No way.

If you can't get the funding passed that would allow for every Californian to purchase health insurance, then that simply can't be part of the law. We don't have enough money in the state to cover everyone who doesn't work. And if we can't ensure that everyone has access to coverage, we can't in good conscience turn around and penalize someone for not having coverage.

Opponents of serious reform will trot out the alternative of merely expanding state insurance programs to cover all children. That can't be the only aspect of reform. The 700,000 children in California who don't have healthcare are going to get it, but not at the expense of their parents and grandparents. We should not pit one generation of Californians against another.

Those who want to see more complete coverage also will object to our plan because they'd rather see a single-payer system -- in which a government-run entity contracts with doctors and hospitals and handles all claims.

I embrace the idea; it is a noble goal and may one day prove to be the ultimate answer. It's overwhelmingly supported by legislative Democrats and has growing support from Californians. But in 2007, a single-payer plan would be vetoed by the Republican governor just as he did the version the Legislature sent him in 2006. Sacrificing the good for the perfect doesn't make sense in the world of public policy.

Last week, I spoke at a healthcare rally put on by AARP, marking the final push for healthcare reform. In the 50 feet it took me to walk from the rally site to the doors of the Capitol, I was stopped at least a dozen times by people desperate to have someone listen to the problems they were having in the healthcare system: a woman whose son had come out of a coma after two weeks -- and who could get all the pain medicine he wanted, but no treatment to get to the root of his brain disorder; veterans who could only get care at one of the state's far-flung veterans homes; a woman whose self-employed daughter with leukemia couldn't get coverage.

We're not trying to turn this state into Cuba (with socialized medicine) or Canada (with a single-payer system). We're just trying to do right by these Californians. And doing right by them means doing reform right: a comprehensive healthcare reform plan that makes sense and that we can afford, and doing it now.

Back to top

Californians Support Major Change in Health Care
Sacramento Bee
June 28, 2007

Although nearly nine out of 10 Californians who have health insurance say they are satisfied with their coverage, a large majority of voters would make major changes in the way health care is delivered in the state, according to a new independent poll to be released today.

Nearly three in four adults say they would support a proposal to require everyone to have health insurance, while sharing the cost among employers, health care providers and individuals.

Two out of three, meanwhile, would favor a system of national health insurance, even if it would require higher taxes, the poll found.

The survey by the Public Policy Institute of California questioned 2,003 state residents from June 12 through June 19. The results for the full sample have a margin of error of plus or minus two percentage points.

About 81 percent of Californians have insurance, and of them, 49 percent report that they are "very satisfied" with their coverage. Another 38 percent say they are "somewhat satisfied" with their insurance. And only 36 percent say they are worried about losing their coverage. Yet many remain concerned about the stability of the system, and about their ability to pay their health care bills in the future.

With most people facing higher and higher health insurance premiums, and with the daily news full of stories about insurance companies rejecting people seeking coverage who have pre-existing health conditions, the issue has become a question of security. Even people who are fairly comfortable with their own situation fear they will not have health insurance or be able to afford health care when they need it.

"For the average Californian, the issue of concern is the uncertainty about the cost and the future of health care," said Mark Baldassare, president of the Public Policy Institute and director of the poll. "That is what is leading them to say they want reform."

Seventy-five percent of adults think the number of people without insurance is a "big problem." And that concern crosses party lines. Eighty five percent of Democrats, 78 percent of independents and 63 percent of Republicans see the lack of universal health insurance as a big problem.

Seventy-one percent of California adults, moreover, are somewhat or very concerned about being able to afford health care when a family member gets sick.

Given those numbers, it's not surprising that 72 percent also think the system needs "major changes." Eighty-one percent of Democrats, 70 percent of independents and 59 percent of Republicans feel that way.

About two-thirds, 66 percent, say they would favor a national health insurance system, even if it meant paying higher taxes. Thirty percent said they would oppose such a system. Democrats (78 percent) and independents (64 percent) were strongly supportive. But only 35 percent of Republicans say they want the federal government to take responsibility for their health care.

Support was more widespread for the outlines of a plan proposed by Gov. Arnold Schwarzenegger, even without voters being told that the popular governor was behind it. Schwarzenegger's plan would require all Californians to have insurance, and it would require employers to provide coverage for their workers or else pay a tax to the state. Doctors and hospitals would also be taxed to help expand coverage for the poor.

Seventy-two percent of adults, including 81 percent of Democrats, 69 percent of independents and 52 percent of Republicans, said they would support such a plan.

"In concept, they support it because they don't see it as taking away from what they have as much as adding some security and certainty for the future," Baldassare said. "The concept of covering everyone is popular with Californians. The idea of spreading the costs is also popular."

But so far, Schwarzenegger has not been able to translate that overwhelming public support into any movement in the Legislature.

Democratic lawmakers have criticized his plan as too friendly to the insurance industry, and they don't like the idea of requiring individuals to take responsibility for obtaining coverage, even with hefty subsidies for the poor and the working poor. They have proposed an alternative that would put more of the financial responsibility on employers.

Republican legislators don't like the idea of taxing employers, doctors or hospitals, or requiring anyone to buy health insurance or provide it for someone else. Instead, they have offered a collection of ideas designed to give consumers more control over their health care. And while Democrats say the governor's proposal does not go far enough in regulating insurance company practices, Republicans say they think it goes too far.

Although detailed negotiations are only now getting under way, the three-way stalemate among Democratic and Republican lawmakers and the governor threatens to block any action this year.

But today's poll results suggest that the issue is not going to go away. If legislators and the governor cannot agree on a plan this year, it seems certain that one or more interest groups will try to put something on the ballot in 2008. And with voters inclined to support universal coverage, a proposal to overhaul the health care industry would start with a significant amount of political good will.

Back to top

Jordan Rau
Sacramento Democrats Merge Health Plans
Los Angeles Times
6/22/2007

California employers would be required to spend 7.5% of payroll on the health of their workers, and the state could increase that rate without legislative approval, under a plan announced Thursday by the Capitol's two top Democrats.

The proposal, a merger of two measures that recently passed the Assembly and Senate, would rely on businesses to reduce the number of Californians without insurance. It lacks any requirement that people obtain insurance — a cornerstone of Gov. Arnold Schwarzenegger's proposed approach.

Republicans and business leaders have objected to the Democrats' approach all year. But the leaders do not need their support to move the new bill through the Legislature.

The bill would demand more of businesses than either the previous Senate or Assembly measure. Companies that did not spend the requisite amount would have to pay into a state fund that would provide insurance to their workers. Assembly Speaker Fabian Nuñez (D-Los Angeles) agreed to drop an exemption for small businesses and start-ups that the Assembly had approved.

"The Democrats in this building are now united," said Senate President Pro Tem Don Perata (D-Oakland), speaking at a Capitol news conference.

The employer requirement would be nearly twice the 4% of payroll that Schwarzenegger suggested in January. And the new bill would make it easy for the rate to be increased above 7.5% without legislative approval; it would empower an independent panel dominated by gubernatorial appointees to make adjustments to keep up with rising medical costs.

"This plan will do nothing to address the rising costs of healthcare and will only devastate our state's small businesses," said the leader of the Assembly's Republicans, Michael Villines of Clovis.

Health insurance premiums rose 8.7% in California last year, according to the California Health Care Foundation, an Oakland-based nonprofit group. The average annual cost for employer-provided coverage for a family was $11,860, the group says.

The Democrats' plan reflects confidence that they can prevail in negotiations with Schwarzenegger as they seek to refine the measure into one he will sign. The governor has promised a major healthcare overhaul this year, and many Democrats believe that he will be reluctant to veto what they place before him.

The governor's proposal, outlined in January, aims to spread the financial burden of universal health insurance among employers, hospitals and doctors through $4.4 billion in assessments — fees, the governor says — on those industries.

Republican legislators have balked at that approach as well. And no one in the business lobby or the healthcare industry has endorsed the governor's plan, although Schwarzenegger has received international praise for wanting to insure all Californians.

Further complicating Schwarzenegger's approach is an opinion from the Legislature's nonpartisan lawyers that the levies on medical providers are a tax, not a fee. The governor campaigned for reelection last year on an anti-tax platform. And tax measures require some Republican support to pass the Legislature.

But at his own news conference in a Sacramento neighborhood Thursday morning, Schwarzenegger dismissed the significance of the legal opinion.

"I don't get caught up in these details," he told reporters. "I want to create healthcare for the people, and to me I look at it as a fee, I stick with that. And if someone else wants to call it something else, they can figure that out later on."

Schwarzenegger contended that "the only way that the healthcare reform is going to work is if you have mandatory healthcare insurance" coupled with a mandate that insurers not exclude anyone from coverage.

He praised "a great mood in the Capitol of working together" and predicted a satisfying compromise before the Legislature adjourns in September.

"What you see now is not really what counts," he said. "Always what counts is, what is the outcome? And as you know, it can turn very quickly … because in the end, like I said, everyone wants to make this work."

Business lobbies faulted the Democratic plan for not doing enough to keep healthcare costs down and for placing the financial onus on employers to cover 3.4 million Californians who currently have no health insurance.

The National Federation of Independent Business headlined its statement objecting to the plan: "Merging of healthcare bills tightens noose around necks of small-business owners."

The Coalition to Advance Healthcare Reform, a group of insurance companies and large employers that already offer worker coverage, issued a statement expressing "concerns" about the Democrats' reliance on employers to fund their plan. They also said the plan does not do enough to keep medical costs down.

In many ways, the Democratic proposal is a more comprehensive version of California's last stab at healthcare reform, a 2003 law that required employers to provide insurance.

It was narrowly repealed the next year. Schwarzenegger supported the repeal, saying the law — which would have applied only to companies with at least 50 workers — was too burdensome to business.

This year, Schwarzenegger has said he would support requirements on business as long as other players in the healthcare industry were required to share the cost of expanding coverage.

On Thursday, the Democrats said their bill, AB 8, does place some burden on groups besides employers. Insurers would no longer be allowed to deny policies to individuals, except those with the most serious medical conditions. They would pay into a state pool to take care of the sickest.

The bill also would ensure that all children in poor and working-class families have health insurance, something the governor included in his proposal.

"I think our bill is pretty consistent with [the governor's] concept of shared responsibility," said Nuñez. "Everyone's got a role to play here. Everyone's got to tighten their belt."

Back to top

Tom Chorneau
2 Bills Open Critical Debate on Health Care
San Francisco Chronicle
June 8, 2007

Two bills intended to overhaul California's distressed health care system won preliminary passage Thursday in the state Legislature, setting in motion more earnest negotiations with Gov. Arnold Schwarzenegger on a variety of proposals for change.

The measures, one by Assembly Speaker Fabian Núñez, D-Los Angeles, and the other from Senate President Pro Tem Don Perata, D-Oakland, would extend coverage to 3.4 million working Californians and their families who now lack health insurance.

Those two plans, along with proposals from the governor and other lawmakers, now become the starting point for a contentious debate over the best way to deliver and pay for health care in California.

Although Schwarzenegger and the Democratic leaders continue to be optimistic that agreement can be reached this year, there's growing skepticism among many political insiders that the challenge will be met.

"I think there will be some changes made in the health care system, but they will be piecemeal and certainly not a complete overhaul," said Garry South, a longtime Democratic consultant and onetime top aide to former Democratic Gov. Gray Davis.

"As Hillary Clinton found out, there's some heavy political reality that one has to deal with in trying to inject massive change to the health care system," he said.

So far, as South and others noted, the plans have yet to navigate the concerns of the many interest groups entrenched within California's $167 billion health care system.

Schwarzenegger's plan, released in January, would share the burden of extending care to all of the state's uninsured residents, requiring all but the smallest employers to provide health insurance or pay 4 percent of payroll into a pool for purchasing policies.

The governor would require all Californians to have insurance and require insurance companies to accept all applicants, regardless of any pre-existing health conditions. He would expand government programs to include more of the working poor and ask doctors and hospitals to pay a new tax to help expand the system.

But the governor's plan has not yet been introduced as a bill in the Legislature and thus, to some degree, has avoided direct assault from critics.

The two bills offered by the Democratic leaders, which passed with almost no Republican support, are virtually identical and are expected to be merged into a single proposal.

Unlike the governor's plan, the Democrats would cover only about two-thirds of the uninsured population. Their plans require employers to pay a 7.5 percent payroll tax while also requiring workers to pay up to 4.5 percent of their income toward the cost of coverage.

The Democrats also would expand existing government health care programs and cap the profits of insurance carriers.

Daniel Zingale, a senior adviser to the governor on health care issues, noted that there is a lot of common ground between Schwarzenegger and the Democrats.

"A year ago, no one expected that there could be a major reform effort on health care," he said, noting that now not only has the governor made a proposal but there have also been plans from the Democratic legislative leaders, a single-payer plan and ideas put forward by Republicans.

The single-payer plan, which also won passage this week from the state Senate, would do away with private insurance and replace it with a system overseen by the state that would provide health care to all residents.

Schwarzenegger vetoed a nearly identical bill last year and has said his mind has not changed. The plan still has strong support from the Democratic majority, although the bill's author, Sen. Sheila Kuehl, D-Santa Monica, has said she might hold off bringing it forward until next year.

Most of the focus now is on the negotiations between the governor and Democratic leaders.

Interest groups -- from hospitals and doctor groups to business and insurance organizations as well as labor unions -- have been unusually cooperative so far.

Perata acknowledged Thursday that as an agreement between the governor and lawmakers begins to take shape, lobby groups will increasingly begin operating in their own interests.

"The progress that we've made up to now is all gravy as far as I'm concerned," he said. "We will get to a point where we will look into everyone's eye and we'll say, 'Blink or don't blink.' And some will blink, and we'll have to go forward with those who remain."

Frank Schubert, a longtime Republican political consultant who has run several health care-related campaigns, repeated a warning made by many health care and business groups in recent weeks.

"Health care reform is very difficult because there's enormous consequences," he said. "When you start messing around with the current insurance market that covers about 20 million people, you have to be careful."
------------------------------------------------------------------------

Comparing proposals

A comparison of the health care plans proposed by Gov. Arnold Schwarzenegger, state Sen. Sheila Kuehl, D-Santa Monica, Senate President Pro Tem Don Perata, D-Oakland, and Assembly Speaker Fabian Núñez, D-Los Angeles:

WHO'S COVERED

The governor's plan aims at expanding coverage to 6.5 million uninsured residents. Kuehl's plan would establish a new system for all California residents. Perata and Núñez have plans to extend coverage to 3.4 million working families that do not currently have health insurance.

HOW THE PLANS WORK

The governor's plan requires all Californians to get coverage from a private insurer or from an existing government program. Kuehl's plan would replace private insurance with a single-payer system managed by the state. Perata and Núñez have each proposed plans that would require all but the smallest employers to provide insurance to workers; both plans also would expand government programs to include more low-income or unemployed residents.

COST

The governor's plan requires that individuals have at least a minimum policy with a $5,000 deductible and maximum out-of-pocket payment of $7,500 per person. Employers with 10 or more workers must offer coverage or contribute 4 percent of payroll into a purchasing pool. The governor also would impose a revenue tax on providers -- 2 percent on doctors and 4 percent on hospitals.

Kuehl's plan imposes a payroll tax of 8 percent on employers and 4 percent on workers.

Perata and Núñez would impose a 7.5 percent payroll tax on employers. Workers would be asked to pay up to 4.5 percent of income or no more than $288 per month for a family of four on an annual income of $103,000.

KEY CRITICISMS

The governor's plan would rely too heavily on the taxes on doctors and hospitals to help pay for new coverage. Insurance companies also would be required to accept any applications, regardless of pre-existing health conditions. Kuehl's plan might require additional new taxes to pay for services if planned sources of revenue cannot keep pace with medical inflation.

Neither plan from Perata or Núñez covers all of the uninsured. There are also concerns that employers are being asked to carry too large a burden of the cost, even as some believe the coverage that workers would be asked to pay for would also be too expensive.

 

Back to top

David Lazarrus
Let Voters Reform Health Care
San Francisco Chronicle
June 8, 2007

Passage of SB840 -- a bill that would guarantee health coverage for all Californians -- by the state Senate this week is a significant victory for all those who believe health care is a right, not a privilege. But that may still be wishful thinking.

It's unclear how SB840, authored by state Sen. Sheila Kuehl, D-Santa Monica, will fare in the Assembly. And even if it's passed by the full Legislature, as was the case last year, it almost certainly would face a veto by Gov. Arnold Schwarzenegger, as was the case last year.

So I say this: Let the people decide. If our lawmakers can't or won't recognize the urgent need for universal coverage, then it's time to repackage SB840 as a ballot initiative and put it to a vote by those most directly impacted by our obscenely dysfunctional health care system -- us.

For her part, Kuehl told me that she still wants to try her luck in the Legislature before taking SB840 straight to voters.

"Ballot initiatives should be brought only when the tipping point is reached," she said. "I think a lot more education has to be done so that people understand why this bill is the gold standard for health care."

Well, school's about to start. On June 29, Michael Moore's new documentary, "Sicko," hits theaters. It's said to offer a devastating depiction of the roughly 47 million Americans who lack health insurance and to make a powerful case for universal coverage.

Moore will screen "Sicko" in Sacramento on Tuesday and participate in a legislative briefing at the Capitol. He's also scheduled to join Kuehl at an afternoon rally that organizers hope will draw more than 1,000 supporters of universal coverage.

"This movie is going to have a big impact on the movement," Kuehl said. "It will be a major indictment of the insurance industry and what they're doing to us."

After SB840 passed 23-15 in the state Senate on Wednesday afternoon, Moore issued the following statement:

"The health care industry has a death grip on our society because the insurance companies put profits before patients, which is why we as a country spend considerably more on health care than other developed countries and get back far less.

"In recognizing that for-profit insurance is incompatible with a caring, a moral and a high-quality health care system that provides coverage for all, Sen. Kuehl is leading the fight to break the industry's death grip."

The timing has never been more auspicious for health care reform in both California and the nation. The issue is consistently polling at or near the top of voters' concerns, and politicians have been busy cobbling together a variety of plans for how things could be different.

But most of those plans envision expanding our current system to cover most (but not necessarily all) of the uninsured. They don't address the nagging problem of ever-increasing health care costs, nor do they remedy the extraordinary fact that an estimated one-third of all health care spending is squandered on bureaucratic overhead.

SB840 would tackle these issues only on a statewide basis. But this would be a start, and it would demonstrate for the rest of the country that universal coverage is both politically and economically feasible.

"It's the only sensible approach," said Rose Ann DeMoro, executive director of the 75,000-member California Nurses Association. "It takes away the power of the insurance companies and essentially creates an expanded Medicare system."

SB840 would establish what's called a single-payer insurance system for all Californians. In other words, tax dollars would create a pool of publicly administered funds that would be applied to covering medical treatment for state residents.

This would replace the existing employer-based system and private insurers' premiums, deductibles and co-pays.

A 2005 study by the Lewin Group, a health care consulting firm, found that a government-run system as envisioned by Kuehl's legislation would cover the almost 7 million Californians now without insurance while saving about $8 billion.

Rival plans put forward by Schwarzenegger and Democratic leaders in Sacramento would seek to extend coverage to the uninsured by having employers contribute varying amounts to a state pool.

The insurance industry, meanwhile, is also championing reform -- but only to the extent that reform means enlarging its customer base, not introducing a single-payer system. Insurers and their allies are already blitzing the airwaves with ads touting favored proposals.

So would a ballot initiative work? It wouldn't be easy.

"Insurers would spend hundreds of millions of dollars to defeat it," observed Jerry Flanagan, health care policy director at the Foundation for Taxpayer and Consumer Rights, a Southern California consumer advocacy group.

"They'd attempt to focus people on tax increases and drown out that this would be far less than what people now pay in premiums and deductibles," he said.

A Field Poll found in January that 81 percent of voters believe that government should be responsible for ensuring "that all Californians have access to affordable health care insurance."

At the same time, though, more voters (42 percent) would choose to receive coverage from an employer than from the government (22 percent), the poll found.

Flanagan interprets these numbers to indicate that California voters don't yet understand the nuts and bolts of a single-payer system, or the savings that would be achieved under a government-run insurance program.

The onus would be on reform advocates to educate voters about the facts amid what would undoubtedly be an all-out campaign by insurers to maintain the status quo.

I think people are smart enough to tell right from wrong, and to know what's in their best interest.

If state lawmakers are unclear on the concept, let us have a say about California's health care future. It's our money, after all. And our lives.

Back to top

Jordan Rau
Proposal: Get Health Insurance or Pay Fine.The Schwarzenegger administration considers putting teeth in its plan to require coverage for all.
Los Angeles Times
April 11, 2007

SACRAMENTO ˜ People who refuse to obtain health insurance could be tracked down by the state or a private contractor, enrolled in a plan and fined until they pay their premiums under one proposal Gov. Arnold Schwarzenegger's administration is considering as part of his vision for covering all Californians.

The proposal, which administration aides said was one of many the governor was considering, was presented at a meeting Tuesday with representatives from insurers, hospitals, doctors, business groups and consumer advocates.

It drew immediate criticism from critics of the central tenet of Schwarzenegger's healthcare approach, which is to require all Californians to obtain insurance.

Although the governor's office has been emphasizing the efforts it would make to help people find insurance voluntarily ˜ including subsidies to the poor and outreach through schools, state agencies and healthcare providers ˜ the outlines of the enforcement proposal inflamed some of those the administration has been courting for support.

Beth Capell, a lobbyist for the Service Employees International Union's California organization, said the fines might be unfairly levied on people caught without health insurance because of circumstances beyond their control. Those included people in between jobs and those starting employment in companies that did not provide healthcare for the first months of work.

"We're going to punish them if they don't go out and buy health insurance on their own ˜ health insurance that they can't afford at the moment that they are least able to afford it," Capell said.

Other proposals, which Schwarzenegger included in the first draft of his healthcare plan, are to attach the wages of people who don't buy insurance and to increase the amount they owe in state income taxes.

Kim Belshé, secretary of the state Health and Human Services Agency, emphasized that "nothing is set in stone." But Schwarzenegger's call for "shared responsibility" includes a need for everyone to be part of the insurance system, she said.

The proposal to locate people without insurance would use state or private databases and target those who lacked coverage for 60 days or more. The administration said the goal was to be helpful and the initial notification would be designed to alert people to the need for insurance and provide ways for them to find coverage.

Only those who still did not obtain insurance would be subject to involuntary measures.

"It represents one approach to enforcement," Belshé said of the proposal. "But I want to underscore the emphasis of the governor and the administration is on enrollment, and creating a culture of coverage that connects people to affordable, available health coverage."

With more than 6 million residents lacking medical coverage in California, the requirement to obtain health insurance is one of the most contentious points of Schwarzenegger's plan.

Schwarzenegger wants to offer public subsidies to the least affluent Californians. But many Democratic legislators, unions and consumer advocates have objected that others will not be able to afford even the bare-bones, high-deductible plans that Schwarzenegger would require as a minimum, which cost $1,200 a person a year.

Those plans would include deductibles as high as $5,000 on top of the premiums, and would be geared toward protecting people from the costs of catastrophic medical bills, such as those arising from surgery or cancer treatment.

An alternative plan by Senate President Pro Tem Don Perata (D-Oakland) also includes an insurance requirement. Those who did not obtain insurance would be unable to claim a credit on their income taxes of perhaps less than $100.

A proposal by Assembly Speaker Fabian Nuñez (D-Los Angeles) does not include an insurance requirement.

Peter Harbage, a senior program associate with the nonpartisan think tank the New America Foundation, said relatively few people would have to be forced to buy insurance. Schwarzenegger has cited the foundation's research in helping to frame his plan.

"Most people are going to have insurance if the program is well designed and well constructed," he said in an interview Tuesday. "And then you're going to have some people who are bad actors, and that's where you need some sort of tracking system."

The governor said he is studying as a possible model a new system the state Department of Motor Vehicles is using to locate drivers who lack automobile insurance. Another model, he said, is the one the state uses to track down people who don't pay child support.

"There's no easy way to come up with a tracking model," he said. "It's going to take some thought and it's going to be complex."

Work on the healthcare issue, which Schwarzenegger has identified as his top priority for the year, has been moving slowly. Republicans in the Legislature have offered their own ideas, none of which require employers or individuals to buy insurance. Democrats are still trying to determine how much their alternatives would cost.

In an effort to build consensus among insurers, hospitals, doctors and consumers, the administration has been having private briefings in recent weeks.
Back to top

Daniel Weintraub
One Health Care Plan—Kuehl's—Is Really Different
Sacramento Bee
March 1, 2007

Gov. Arnold Schwarzenegger and California's legislative leaders have proposed ways to shore up our current, employer-based health care system with new mandates, taxes and subsidies to cover more people. Republican lawmakers are pushing for incentives to bolster private choice and responsibility. But one plan proposed in the Legislature stands out as radically different from the rest.

Senate Bill 840 by Sen. Sheila Kuehl, D-Santa Monica, would scrap the status quo and replace it with a government-run, single-payer system providing comprehensive health care benefits for all, financed by taxes and free to patients at the point of service.

"California needs a system of truly universal health care now more than ever," Kuehl said this week as she reintroduced her bill, which Schwarzenegger vetoed last year. "This is not the time to wait patiently for universal health care. It's time to move forward."

Kuehl's plan would mean a vast increase in the power of government over the health care industry and the way services are planned and delivered. Hers is the only proposal on the table that seeks to directly limit the cost of health care. It would do so by setting an annual budget and then enforcing it through negotiations with doctors, hospitals, labs and pharmaceutical companies, or by hiring health plans to provide benefits at a set cost.

Those benefits would be comprehensive. The plan would cover primary care, preventive care, outpatient and hospital care. It would cover mental health, dental, vision, podiatry, chiropractic care, acupuncture, substance abuse and prescription drugs. Even faith healing. Long-term nursing home care would not be covered.

What would all this cost? One detailed economic study, by the Lewin Group, concluded that the plan could be financed simply by redirecting all of the money Californians and the federal government already spend on health care in the state. Care for those not covered now would be paid for with savings in administrative costs and the elimination of insurance company advertising
and profits.

On a practical level, that would mean payroll taxes of about 4 percent for workers and 8 percent for employers, a 12 percent tax on the self-employed, a 3.5 percent tax on investment income and a 1 percent income tax surcharge on Californians earning more than $200,000 a year, the Lewin study said.

The program would be administered by a universal health care commissioner appointed by the governor, and an office of patient advocacy, an office of health planning, an office of health care quality, a public advisory committee and a payments board.

The commissioner and his or her staff would be responsible for setting the budget each year and sticking to it. They would establish a list of approved drugs for which the state would pay and try to use the power of 37 million customers to drive prices down. They would decide the appropriate number of specialists and general practice doctors in each region of the state, distribute money for the construction of new clinics and hospitals, and evaluate new medical technology to decide whether it should be paid for as part of the state plan.

The commissioner would be required by law to try to limit the growth in costs to the growth in the state's economy and population. This would be crucial because the taxes to support the program would grow at about that same rate as the economy. But with an aging population demanding more care than Californians receive today, it would be difficult to keep the system in fiscal balance for very long. Within 10 years, the independent study of the plan showed, costs would outstrip revenues by $70 billion unless current trends could be arrested.

One big cost challenge would be the system's reliance on fee-for-service medicine, in which doctors would provide whatever care they deemed appropriate and then bill the state. The private insurance industry has largely abandoned that practice in favor of more managed, coordinated systems to try to control costs. Doctor fees in the single-payer system would be set by the state, but it would be difficult to prevent physicians from providing more care to maintain their incomes.

Kuehl said the new program would have a strong anti-fraud enforcement unit, but, ultimately, it would leave broad discretion in the hands of physicians.

"We have to trust that doctors are providing the services that are needed," she said.

If costs did start to rise faster than revenues, the commissioner could postpone new benefits, decrease existing benefits, suspend capital improvements, reduce payments for prescription drugs or even impose co-payments and deductibles. If none of that worked, the commissioner could ask the Legislature to raise the tax rates to provide more revenue.

Kuehl said this week she does not intend to amend her bill in a compromise with the governor and legislative leaders because it is a concept so different from theirs. While she does not expect Schwarzenegger to sign her bill, she says the next governor might. Or she and the plan's supporters might take their cause to the voters.

"The facts are on our side," she said. "The people are on our side."

Back to top

Jordan Rau
Coalition to Support a California Healthcare Plan
Los Angeles Times
February 6, 2007

In a boost to Gov. Arnold Schwarzenegger's political priority for the year, some of the biggest players in the state's healthcare industry have agreed to commit millions of dollars to a campaign for universal healthcare access.

The yet-unnamed alliance, which plans to announce its creation today, includes a labor giant, the Service Employees International Union; the state's largest doctors lobby, the California Medical Assn.; the state's biggest nonprofit hospital chain, Catholic Healthcare West; and three major insurers: Kaiser Permanente, Blue Shield of California and Health Net.

"For the first time ever, the major players are not in their bunkers throwing grenades at each other," said Joe Dunn, chief executive of the California Medical Assn. "Everyone is coming together in a sincere effort to work out a plan for reforming medicine in California in a way that works to improve patients' ability to be treated by their doctor."

The coalition's members have not agreed to support all elements of any plan that emerges from negotiations with Schwarzenegger and the Legislature, and in fact several have expressed concerns about the governor's proposal. But the alliance members said they would support the effort to ensure access to medical care for all Californians and have accepted Schwarzenegger's notion of "shared responsibility" — that all participants in healthcare, including patients, insurers and businesses, must give up something.

The alliance's formation is intended to counter any campaign that arises to block an overhaul of the state's healthcare system. Such concerns are not hypothetical: A referendum paid for mostly by business groups in 2004 was able to nullify California's last major effort at expanding medical insurance by repealing a law that would have required all mid- and large-size employers to provide coverage.

Last month, a conservative small-business group aired television ads saying Schwarzenegger's healthcare plan would "throw your tax dollars away on a big government bureaucracy."

The new alliance does not include members who helped repeal the last law in 2004, but organizers said they hoped to expand its reach in coming weeks and establish as broad a coalition as possible. Although most of the members of the alliance supported the previous healthcare law, which in fact was written by the California Medical Assn. and labor, all have much to lose as well as gain if Schwarzenegger's proposal becomes law.

His plan includes a 2% levy on doctors' profits and a 4% fee on hospital operations. Insurers would have to provide coverage to all who wanted it, regardless of their healthcare history, and also would face limits on profits.

"We didn't want to see comprehensive proposals picked apart by people who object to one piece of it," said Tom Epstein, a spokesman for Blue Shield. The alliance, he said, "requires negotiating in good faith and accepting that we're all going to have to compromise and not stick it to each other to get what we want."

Participants have not committed to specific amounts of money to put into the campaign, organizers said, but will at a minimum be able to run a multimillion-dollar campaign.

Schwarzenegger has been trying to build support and was to meet with the California Business Roundtable's board today but so far has not won such a strong commitment as the new alliance's to finding a solution to the high costs of health insurance and the 6 million people who lack coverage.

Schwarzenegger spokesman Adam Mendelsohn praised the formation of the alliance.

"You're seeing a coalition of opposites ignite because they all believe the healthcare system is broken," he said. "That's a very dramatic statement."

Back to top

George Skelton
GOP Leaders Offer Governor a Prescription for Expanding Health Coverage
Los Angeles Times
February 1, 2007

Although they flatly rejected Gov. Arnold Schwarzenegger's healthcare proposal, Senate Republicans did the governor one favor. They showed him how to maneuver around a big stumbling block to any major expansion of medical coverage in California.

There are two big obstacles to GOP support for any major overhaul of medical coverage: Insuring illegal immigrants and raising taxes.

The governor wants to require everybody in California to carry health insurance, including illegal immigrants. People who couldn't afford it would get state subsidies.

Republicans don't want to provide state money to insure even illegal immigrant children.

"As soon as you open that door, you're not just talking about people coming from Mexico," says Senate GOP leader Dick Ackerman of Irvine. "If California had a plan like that, anyone who got sick anywhere in the world would come to California. We can't be the hospital for the world."

Schwarzenegger and Assembly Speaker Fabian Nuñez (D-Los Angeles) make the practical argument that illegal immigrants, insured or not, already are entitled by federal law to costly care at overcrowded hospital emergency rooms. And everyone else - taxpayers, policyholders, medical providers - gets stuck with the bill.

There also are the self-protection and humane arguments: We should make sure California's estimated 2.5 million illegal immigrants are healthy so they don't spread germs. They're here because we're hiring them; morally we owe them healthcare.

The beauty of the Senate Republicans' modest healthcare proposal is that it resolves the dilemma posed by each argument without breaking the GOP taboo against providing insurance for illegal immigrants.

Under the GOP plan, the uninsured - here legally or not - would be shifted to a greatly expanded network of medical clinics for nonemergency care. In emergencies, people still would be treated at emergency rooms. But the clinics would be more accessible and provide much less expensive basic care than the ERs.

"We disagree with the concept of providing health insurance policies to the undocumented," Sen. George Runner (R-Lancaster) told reporters Tuesday at the GOP plan's unveiling. "We do agree with the governor, though, that use of the emergency rooms is an extremely expensive way to deliver healthcare. And so that's why we [want to] move populations into clinics ... the undocumented, underinsured, insured."

Schwarzenegger seemed receptive to the idea Wednesday at a Capitol news conference. In fact, his universal healthcare plan includes a provision for expanding clinics.

"I understand where they're coming from," the governor said of his fellow Republicans' opposition to insuring illegal immigrants. "My point is that there's a cheaper way" to provide the federally mandated care, he continued. "No one can be turned away ... and everyone has to get treatment, whatever it may be.

"But we can send a lot of patients, maybe 90% ... to a clinic.... Let's try to find a way to do it cheaper and not burden the taxpayers ... because a lot of the big money is a waste. A lot of people visit those emergency rooms [and] don't need to.... They only go because they have no coverage."

The Schwarzenegger administration says that the cost of treating strep throat is $72 at a clinic, $91 in a doctor's office and $328 in an emergency room.

The governor also says that an average California family pays an extra $1,186 in premiums to reimburse medical providers stiffed by the uninsured. And he maintains that businesses pay a similar "hidden tax" of "a staggering $14.7 billion a year."

Proposed solutions are highly complex and mostly controversial - even expansion of the clinics.

Republicans would finance the clinics by seizing $2 billion that goes to hospitals for treating underinsured patients. (The hospitals could recoup by operating the clinics.) They'd also take perhaps $300 million of the tobacco taxes now used for children-related programs. And they'd pare Medi-Cal for poor people when their coverage exceeded benefits of private plans.

Moreover, the clinics would be operated by nurses rather than doctors. Critics charge that would mean second-class treatment for patients.

But all this is negotiable between the governor and Legislature - and a horde of medical, business, insurance and labor lobbyists now encamped around the Capitol.

What is not negotiable, Republicans say, is anything that smacks of a tax increase. Schwarzenegger proposes to sock doctors and hospitals, along with most businesses that don't offer health insurance, with $4.5 billion in "fees" to help finance his plan.

"I don't care if it's a 'tax' or a 'fee,' we don't support that method of funding," Ackerman says, speaking for Senate Republicans.

Any tax hike requires a two-thirds vote of each house and thus some Republican support. Ruling Democrats could decree the tax to be a "fee" and pass it on a simple majority, party-line vote. But Republicans say Schwarzenegger has assured them he won't accept a bill without GOP backing. And a gubernatorial advisor confirms it.

"The governor has made clear that he wants a bill with Republican and Democratic support. It must be bipartisan," says communications director Adam Mendelsohn.

That's a sharp shift from last year, when the governor and Democrats enacted major legislation - global warming, minimum wage, prescription drugs - over bitter GOP opposition.

Runner says that if Schwarzenegger tries that with healthcare legislation, "he'll never have healthcare on his legacy." That's because without a broad, bipartisan coalition behind it, any plan is bound to face court challenges and perhaps a repeal effort at the ballot.

So Schwarzenegger needs GOP support. Credit Senate Republicans with showing him how to get it on the emotional issue of illegal immigrants: Treat their routine ailments, without insurance, in low-cost clinics. It's not brain surgery.

Back to top

Daniel Weintraub
Republican Health Plan Offers Some Good Ideas
Sacramento Bee
February 1, 2007

The Republicans in California's state Senate are the weakest of all the power blocs in the Capitol, their numbers so small that their views are often little more than an afterthought when lawmakers deliberate policy. Democrats today are just two votes short of the two-thirds majority they would need to do anything they like in the Senate, and at crunch time, either the Democratic leaders or the Republican governor can usually find those two votes if they need them.

So to say that the Senate Republican proposal on health care released Tuesday is viable as a policy proposal would be fantasy. The plan has no chance of being approved as written. It won't even get out of its first committee.

But the proposal is worth examining all the same. First, it establishes a benchmark on the right end of the ideological spectrum. We have not yet heard from the Republicans in the state Assembly, so for now, this plan will serve as a guide to what the best and brightest conservative minds in California want to do -- and not do -- about health care. The other reason the plan is worth paying attention to is that it contains some genuinely good ideas.

Chances are, if Gov. Arnold Schwarzenegger and the Democrats who control the Legislature get into serious negotiations about a health care overhaul this summer, they are going to want to bring some Republican votes into the fold. They might have to, if the charges Schwarzenegger is proposing for doctors, hospitals and employers are considered to be tax increases, which require a two-thirds majority to pass in the Legislature.

To have even a chance of getting those votes, they'll have to include some ideas such as the kind the Senate Republican leadership has rolled out.

First, let's be clear on what this plan is not. It is not universal health insurance. It is not a comprehensive plan to cover most of those without insurance now. The plan does not require anyone to buy insurance, nor does it require anyone to provide it.

It is, instead, a collection of tax credits, fund shifts, deregulation and incentives designed to make health care more affordable and more accessible to more people. It would preserve and build upon the private system now in place, augmenting it with expanded government programs and subsidies where gaps in coverage exist.

"We don't believe in mandates," Senate Republican Leader Dick Ackerman of Orange County said Tuesday.

The plan seeks to expand access to care by increasing the use of community clinics, which would get some state money that now goes to hospitals that care for the uninsured. Clinics would be encouraged to stay open later at night and on weekends to relieve pressure on emergency rooms.

Hospitals would be allowed to run clinics offering care to people who don't need all the services of an emergency room, and nurse practitioners would be given more leeway to establish and run clinics without a doctor present. The plan also would increase reimbursement rates for doctors who care for the poor as part of the state's Medi-Cal program while saving money by reducing the scope of benefits offered by the program to bring them into line with the typical private plan in California.

The Republican senators also want to shift about a half-billion dollars a year in tobacco tax money that now goes to various children's programs and spend it on children's health care instead. This idea, which would reorient the spending under an initiative originally sponsored by Hollywood director Rob Reiner, would require voter approval, and the Republicans propose to put the idea on the ballot in 2008.

The plan also proposes expanding Health Savings Accounts, through which individuals can purchase high-deductible insurance coverage meant mainly to protect them from financial ruin in the event of an unexpected illness or injury. The Republicans would allow contributions to these plans to be tax deductible in California as they already are in most other states, and the proposal would give employers a tax credit for making contributions to their workers' plans.

All of these ideas are feasible -- and most could find a place in a compromise plan, even if the final package goes considerably further than the Senate Republicans would like to go. The idea of shifting tobacco tax money to children's health care won't fly, but don't be shocked if a compromise plan includes a tobacco tax increase for that purpose.

The Republican proposal would not be comprehensive. It does not seek to cover about 1 million uninsured Californians who already qualify for public plans, about 1 million who make more than $50,000 a year and could, Ackerman says, afford it now, and about 2.5 million illegal immigrants.

The plan, said Sen. Sam Aanestad, a Grass Valley dentist, "recognizes the fact that taxpayers cannot afford insurance for everyone, but we can certainly provide access for everyone in need." Others will dispute that assessment of this plan's potential. But it's an excellent start -- and it includes some creative ideas for expanding coverage without raising taxes.

Although they flatly rejected Gov. Arnold Schwarzenegger's healthcare proposal, Senate Republicans did the governor one favor. They showed him how to maneuver around a big stumbling block to any major expansion of medical coverage in California.

There are two big obstacles to GOP support for any major overhaul of medical coverage: Insuring illegal immigrants and raising taxes.

The governor wants to require everybody in California to carry health insurance, including illegal immigrants. People who couldn't afford it would get state subsidies.

Republicans don't want to provide state money to insure even illegal immigrant children.

"As soon as you open that door, you're not just talking about people coming from Mexico," says Senate GOP leader Dick Ackerman of Irvine. "If California had a plan like that, anyone who got sick anywhere in the world would come to California. We can't be the hospital for the world."

Schwarzenegger and Assembly Speaker Fabian Nuñez (D-Los Angeles) make the practical argument that illegal immigrants, insured or not, already are entitled by federal law to costly care at overcrowded hospital emergency rooms. And everyone else - taxpayers, policyholders, medical providers - gets stuck with the bill.

There also are the self-protection and humane arguments: We should make sure California's estimated 2.5 million illegal immigrants are healthy so they don't spread germs. They're here because we're hiring them; morally we owe them healthcare.

The beauty of the Senate Republicans' modest healthcare proposal is that it resolves the dilemma posed by each argument without breaking the GOP taboo against providing insurance for illegal immigrants.

Under the GOP plan, the uninsured - here legally or not - would be shifted to a greatly expanded network of medical clinics for nonemergency care. In emergencies, people still would be treated at emergency rooms. But the clinics would be more accessible and provide much less expensive basic care than the ERs.

"We disagree with the concept of providing health insurance policies to the undocumented," Sen. George Runner (R-Lancaster) told reporters Tuesday at the GOP plan's unveiling. "We do agree with the governor, though, that use of the emergency rooms is an extremely expensive way to deliver healthcare. And so that's why we [want to] move populations into clinics ... the undocumented, underinsured, insured."

Schwarzenegger seemed receptive to the idea Wednesday at a Capitol news conference. In fact, his universal healthcare plan includes a provision for expanding clinics.

"I understand where they're coming from," the governor said of his fellow Republicans' opposition to insuring illegal immigrants. "My point is that there's a cheaper way" to provide the federally mandated care, he continued. "No one can be turned away ... and everyone has to get treatment, whatever it may be.

"But we can send a lot of patients, maybe 90% ... to a clinic.... Let's try to find a way to do it cheaper and not burden the taxpayers ... because a lot of the big money is a waste. A lot of people visit those emergency rooms [and] don't need to.... They only go because they have no coverage."

The Schwarzenegger administration says that the cost of treating strep throat is $72 at a clinic, $91 in a doctor's office and $328 in an emergency room.

The governor also says that an average California family pays an extra $1,186 in premiums to reimburse medical providers stiffed by the uninsured. And he maintains that businesses pay a similar "hidden tax" of "a staggering $14.7 billion a year."

Proposed solutions are highly complex and mostly controversial - even expansion of the clinics.

Republicans would finance the clinics by seizing $2 billion that goes to hospitals for treating underinsured patients. (The hospitals could recoup by operating the clinics.) They'd also take perhaps $300 million of the tobacco taxes now used for children-related programs. And they'd pare Medi-Cal for poor people when their coverage exceeded benefits of private plans.

Moreover, the clinics would be operated by nurses rather than doctors. Critics charge that would mean second-class treatment for patients.

But all this is negotiable between the governor and Legislature - and a horde of medical, business, insurance and labor lobbyists now encamped around the Capitol.

What is not negotiable, Republicans say, is anything that smacks of a tax increase. Schwarzenegger proposes to sock doctors and hospitals, along with most businesses that don't offer health insurance, with $4.5 billion in "fees" to help finance his plan.

"I don't care if it's a 'tax' or a 'fee,' we don't support that method of funding," Ackerman says, speaking for Senate Republicans.

Any tax hike requires a two-thirds vote of each house and thus some Republican support. Ruling Democrats could decree the tax to be a "fee" and pass it on a simple majority, party-line vote. But Republicans say Schwarzenegger has assured them he won't accept a bill without GOP backing. And a gubernatorial advisor confirms it.

"The governor has made clear that he wants a bill with Republican and Democratic support. It must be bipartisan," says communications director Adam Mendelsohn.

That's a sharp shift from last year, when the governor and Democrats enacted major legislation - global warming, minimum wage, prescription drugs - over bitter GOP opposition.

Runner says that if Schwarzenegger tries that with healthcare legislation, "he'll never have healthcare on his legacy." That's because without a broad, bipartisan coalition behind it, any plan is bound to face court challenges and perhaps a repeal effort at the ballot.

So Schwarzenegger needs GOP support. Credit Senate Republicans with showing him how to get it on the emotional issue of illegal immigrants: Treat their routine ailments, without insurance, in low-cost clinics. It's not brain surgery.

Back to top


California Health Plan Has Budget Hawks Antsy
Los Angeles Times
January 29, 2007

California Gov. Arnold Schwarzenegger wants $3.7 billion a year in new federal funding to cover a big chunk of his health-care plan for his state, putting him on a collision course with budget hawks in the nation's capital and leaders in other states seeking assistance.

The sheer size of the federal allocation Schwarzenegger's plan would require is raising eyebrows.

"That's a big number on an annual basis," said Sen. Judd Gregg of New Hampshire, the ranking Republican on the Senate Budget Committee. "California hasn't yet passed a law (implementing the governor's plan), but when they do, I would think people are going to take a deep breath."

The cost of helping states fund their health plans has attracted the attention of budget cutters, because it is complicating President Bush's stated goal of balancing the federal budget in five years. In his new budget, scheduled to go to Congress on Monday, Bush is expected to call for a substantial slowdown in federal health-care spending. Some of the cuts Bush proposes could affect programs Schwarzenegger is counting on to help pay for his plan, such as Medicaid.

Because California is the most populous state, its plan is by far the largest. But four other states are pursuing initiatives to provide health insurance for all their residents. More are expected to follow this year. That could set off a scramble for increasingly scarce federal dollars.

"When they do the math and figure out just exactly how much federal money will be flowing to California ... some people will say, 'Why should California get it, and other states get nothing?' " said health economist Len Nichols, of the nonpartisan New America Foundation.

Nichols and other experts say state attempts to reform health care are likely to require tens of billions of dollars in additional spending in two federal programs that operate as partnerships with the states -- Medicaid and the State Children's Health Insurance Program, or S-CHIP. These programs are different in every state, and they operate under a complex series of laws, rules and formulas for federal matching funds.

Medicaid is the nation's main health-care program for the poor, paying for medical and long-term care for more than 55 million people, according to the Kaiser Family Foundation. S-CHIP covers as many as 6 million children a year, mostly from low-income working families that earn too much to qualify for Medicaid.

Washington may struggle to deal with demands for more money from California and other states, but some experts say federal policymakers in effect asked for it by taking little or no action to address the problems of the 47 million Americans who have no health insurance.

"The reason this is being discussed in a serious way in Sacramento is because it really isn't being confronted in Washington," said Marian Mulkey, a health-insurance expert with the California HealthCare Foundation. "If (Washington) reacts negatively, it might just call the question of 'What do they want to do next?' What is Washington doing to address this, if this kind of state solution isn't workable?"

Bush pledged in his State of the Union address last week to work with states to cover the uninsured. But he made no commitment for more federal money -- only redirection of some existing accounts.

Overall, Schwarzenegger counts on federal coffers to provide about $5.5 billion of the $12 billion first-year cost of his plan. Of that federal money, state officials say, $3.7 billion would be new spending and the rest would be redirected from existing payments.

California officials say the state is entitled to nearly all of the $3.7 billion in new spending under current Medicaid and S-CHIP rules.

Medicaid is an entitlement program, meaning it is not subject to Congress' annual appropriations process. Instead, the federal government has committed by law to match state spending within given limits. The coverage expansions that Schwarzenegger is proposing for low-income children, pregnant women and some other adults are within those limits, state officials say, as are
increases in payments to health-care providers that the governor's plan calls for.

"Given the fact that most of these things fall within the existing laws and rules, we hope that we'll ultimately be successful in securing the funding," said Joe Munso, deputy director of the California Health and Human Services Agency. "The federal government is a key partner in any of these solutions."

However, Congress can change the underlying Medicaid law to cut spending on the program -- and it might come under pressure to do so, given that demands from California and other states are likely to add to the federal deficit.

At the U.S. Health and Human Services Department, an official said it was not as simple as California sending the federal government a bill.

"Any change (Schwarzenegger) makes is essentially a change in a contract," said the official, who asked not to be identified because the review process had not yet begun and the issue was considered sensitive. "No change can be made to the original state plan without an agreement from us."

Pressure from the states ultimately might force Washington to act on health care. "We're not going to get a national health plan until two or three big states get plans of their own," said Rep. Pete Stark, D-Calif., chairman of the House Ways and Means health subcommittee. "Then big companies are going to come to Congress and say, 'Look, let's start to standardize this.' "

Back to Top

Rick Wartzman
Governor's Health Plan Could be Short-lived.
Los Angeles Times.
January 26, 2007

As one might expect from somebody who has been in and around politics most of her life, Hillary Rodham Clinton launched her campaign by leavening the optimism with a bit of caution.

"The debate will be a vigorous one," she said. "We want people to become informed in order to rebut the kinds of attacks, the misinformation, the advertising campaigns that will be stirred up in the next months."

Although they might well apply, these words were not part of Clinton's announcement last week that she's running for president. They were uttered, instead, more than 13 years ago, as the then-first lady and principal White House healthcare advisor hit the road to sell her husband's proposal to revamp the country's medical-industrial complex.

In the end, of course, her remarks turned out to be dead-on. Relentless condemnation, a slew of half-truths and a multimillion-dollar ad blitz — much of it generated by the business community — killed off HillaryCare, as the critics branded it.

Now we have ArnoldCare, and it's hard not to be overwhelmed by a sense of deja vu.

I wish it weren't so. It's obvious to just about everyone, even those with gold-plated insurance policies, that we need to rein in medical costs. As for dealing with the uninsured — 6.5 million in California, 47 million and growing across the U.S. — I'd argue that coverage should be a basic right and would endorse a national single-payer system. But clearly, that isn't going to happen anytime soon. Politically, it's a nonstarter.

Yet so is the governor's plan. The reason is simple: Businesses big and small will knife it, just as they did in D.C.

Some are more hopeful, calling attention to the warm reception Gov. Arnold Schwarzenegger's plan has received from the Democratic side of the aisle. They cite positive feedback from Safeway Inc. Chief Executive Steve Burd, among other executives. And they say that corporations are more eager than ever to find a solution to the healthcare crisis, pointing to a recent alliance on the issue between the Service Employees International Union and the Business Roundtable, an association of leading CEOs.

But here's what many have forgotten: Business wasn't monolithic during the Clinton days either. A number of companies, especially Big Steel and the automakers, were on board. The Business Roundtable seemed so too — until it switched positions and left the White House scrambling.

I had a ringside seat for all the action in 1993 and '94, following it closely as a Washington-based journalist. And the central issue today is the same as it was back then: Giving everyone coverage is hugely expensive — and nobody wants to pay. As the late Louisiana Sen. Russell Long described the rap that can be heard whenever revenue needs to be raised: "Don't tax you. Don't tax me. Tax that feller behind the tree."

Schwarzenegger, for his part, isn't using the term "tax" at all, opting instead for "fee" or the more oblique "coverage dividend." It's not a trivial distinction; a tax would require a two-thirds vote of the Legislature (and thus Republican support), rather than a simple majority.

But no matter which label is stuck on, the upshot remains: Insuring everybody will entail reaching out and touching some of the most powerful and well-heeled interests in the capital.

Under the governor's blueprint, which seeks to bring in $12 billion a year from the public and private sectors, hospitals would be directed to relinquish 4% of their revenue. Doctors would cough up 2%. Meantime, all businesses with 10 or more workers would have to offer health insurance to their employees or hand over the equivalent of 4% of their payroll to the government to help furnish coverage — a percentage that many (including me) believe should be at least twice as high.

At this early stage, business groups are loath to look obstructionist. When I was up in Sacramento last week, one lobbyist after another made sure to genuflect toward the governor's office, praising Schwarzenegger for his bold vision. Everyone agreed with his broad goals. But once they got past the platitudes, they poked at his plan like a med student hovering over a cold cadaver.

For mom-and-pop enterprises, in particular, a mandate requiring that they offer insurance or otherwise pay into the system is anathema — ideologically as much as pragmatically.

"That would be very difficult … to move past," says Michael Shaw, assistant state director for the National Federation of Independent Business, which represents some 35,000 small firms in California. A recent court decision in Maryland, Shaw notes with some glee, also throws doubt on the legality of a mandate.

Even businesses already offering health insurance are trotting out pointed questions. These companies should be delighted by the idea of universal coverage, given that those who have insurance invariably wind up paying for those who don't. This "cost-shifting" increased premiums in California an estimated $1,186 per family last year. (Full disclosure: This calculation, embraced by the governor, comes courtesy of the New America Foundation, the think tank where I work. And, yes, for the record, New America does provide health insurance.)

But Allan Zaremberg, president of the California Chamber of Commerce, worries that if medical inflation isn't corralled — and the governor's plan is weak in this regard — there may be little choice but to try to tap businesses again and again to keep the program running.

"Even if the money is adequate today, will it be enough to fund the program five years from now?" he asks.

Insurers are also busy dissecting the Schwarzenegger proposal. Chris Ohman, president of the California Assn. of Health Plans, suggests that a provision to treat everyone, regardless of medical history, could cause the price of policies to soar for the 1.7 million state residents who buy insurance on the open market. It could also force insurers, faced with a less favorable set of economics, to pull out.

"We run the risk of having a perverse result," Ohman says.

I don't buy all of these doomsday scenarios. But I do trust what Shaw of the independent business federation says is the bottom line: "No one wants to be left holding the bill."

To be sure, the governor's plan is not all sticks. Doctors and hospitals, for instance, would supposedly come out ahead because of higher Medi-Cal reimbursements and fewer uninsured patients. The trouble is, such financial benefits tend to be a bit fuzzy and off in the future. The pain, by contrast, is guaranteed and immediate.

"There are some real positives," says Walter Zelman, a former California insurance official and industry executive who helped craft the Clinton healthcare initiative. "Yet everybody's initial reaction is, 'Where am I going to get hurt?' "

Despite this, perhaps there is a way to move forward. Better political minds than I might figure out how to target providers first, improving access to care and holding the lid on costs. Then coverage could be expanded — perhaps insuring all children to start, and moving on from there.

I hate to advocate an incremental approach to such a big problem. But to take on all of these lobbies at once — physicians, hospitals, insurers, small business and more — is to invite the same result that befell Clinton's noble effort: It's a plan that'll end up wearing a toe tag.

Rick Wartzman is an Irvine senior fellow at the New America Foundation

Lynda Gledhill
California: Taxes—or Fees—in New Health Plan Raise Critics' Ire
San Francisco Chronicle
January 22, 2007

Gov. Arnold Schwarzenegger has said he wants to work in a "post-partisan" manner with Republicans and Democrats to achieve universal health, but his plans may get hung up on an arcane argument about whether funding for his proposal comes from new taxes or new fees.

A central component of Schwarzenegger's $12 billion program to provide health insurance to all Californians are fees on employers, physicians and hospitals. But Republicans and business groups argue that these are really taxes -- a key distinction in California, where a tax requires approval by a two-thirds majority in the Legislature, which means minority Republicans would need to go along. A fee can be passed by a majority vote.

For Schwarzenegger, the need to bridge the partisan divide is critical if he wants to achieve success, said Mark Baldassare, director of research for the Public Policy Institute of California.

"Where he has gotten so much of his recent star power is in his ability to work compromises with the Legislature," Baldassare said. "So I don't think his popularity alone can carry the day. His popularity is derived from working with both sides of the aisle to come to a compromise. That's what he's going to have to do, or he will see his star power diminish."

Schwarzenegger campaigned on a promise not to raise taxes last year and blasted his opponent, Phil Angelides, for wanting to raise taxes.

Baldassare said conservative Republicans may have a hard time forgiving the governor if he continues to maintain that his proposals -- including a 4 percent payroll tax on any employer of more than 10 people -- are indeed not taxes.

"This is going to be a very hard sell for the governor with Republicans and conservative activists and members of the business community," Baldassare said. "Democrats and pragmatic independents, they are able to adjust and probably say the governor is now dealing with practical realities like expanding health coverage, and so they are going to make an exception in this case."

Republican strategist Jon Fleischman, publisher of the popular Flashreport.org, a conservative political Web site, echoed that Republicans are upset with the governor.

"I and every Republican I know rallied behind this banner of no new taxes, and it's now shredded by something that is a massive multibillion-dollar tax that isn't considered a tax," he said. "It's insulting to everyone with common sense."

In an interview with The Chronicle last week, Schwarzenegger brushed aside concerns that he was imposing new fees on employers, doctors and hospitals, saying that calling them new taxes is a matter of opinion.

Schwarzenegger insisted the new fees would be offset for employers by lower health care costs and for doctors and hospitals by increased payments to them.

"We are all about putting money back out there and making it less expensive to do business,'' he said.

Schwarzenegger has said he plans to campaign up and down the state to convince voters and lawmakers that his plan is the right one.

Under California law, the difference between a fee and a tax comes down to where the money goes, said Lenny Goldberg, executive director of the California Tax Reform Association. Fees are either paid in exchange for a service or for mitigation. For example, people pay fees at state parks in exchange for using a camping space, or people pay fees on new tires to pay for the disposal of the old ones.

Taxes on the other hand, are used for general purposes.

"It's a distinction without a difference everywhere but California," he said.

Conservative groups already are saying that they will not stand for an end-run around the tax or fee issue.

"We argue that it is a tax and a very bad tax and counter to the representations he made durin