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Founder of the Internet Law Center Santa Monica, California
Host of Cyber Law & Business Report
On WebmasterRadio.fm
Past Co-Chair of the California Bar Cyberspace Committee
Former Asst. General Counsel and Director of Privacy
and Governmental Affairs and Anything Else That Would Help Me Set the
Guinness Book Record for Longest Title
ValueClick – Westlake Village
1978 – Senator Claiborne Pell 1980 – Kennedy for President 1982 – Senate Campaigns in RI and CT
1992-1998 – Co-Founder and National Co-Chair Democratic National Committee Saxophone Club
CAMPAIGNS LOBBYING PUNDITRY
1980 Lobbied RI Gen Assembly on
State Health Plan
1985—1988 Legislative Assistant with DC
Lobbying Firm
2004-2007 Lobbied Washington and
Sacramento on Tech Legislation
CAMPAIGNS LOBBYING PUNDITRY
2004 – Present Political Columnist
Won 3 LA Press Club Awards
2008-2009 Filibanter
CAMPAIGNS LOBBYING PUNDITRY
(78 Seconds)
Round 1
OPPONENTS SUPPORTERS KEY PROVISIONS
American Association of Labor Legislation 1912-1919
Compulsory program providing medical, maternity and death benefits for those making under $1,500 ($27,000 in current dollars)
The Progressive Party
Amer. Medical Association
Organized Labor
Business
Insurance Companies
California Proposition
(1919) Defeated
27% - 73%
Red Sox won 4 World Series
‘12, ‘15, ‘16 and ‘18
Round 3
Wednesday, November 24, Way Back Est. 1869 Price 6d
FDR Signs Social Security Act
1920
AMA House of
Delegates “declares its
opposition to the
institution of any plan
embodying the system
of compulsory
contributory insurance” FDR Dodges Fight with AMA, Strips
Health Care Coverage from Bill.
Member of the Asscoiated Press . Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.
Harry Truman’s
78 Seconds
• Wagner-Murray-Dingell single
payer plan first introduced (1943)
• Truman Backed Wagner-
Murray-Dingell (1945)
• House Committee Chairman
Refused to Hold Hearings
• Universal Declaration of Human
Rights
Senator Taft:
• I consider it socialism. It is to
my mind the most socialistic
measure this Congress has ever
had before it.
• Walked out of Senate hearing
after saying plan came right
out of Soviet constitution.
• SPENT $19MM IN
CURRENT DOLLARS
• WOULD BE HUGE
EVEN BY TODAY’S
STARDARDS
AMA RECORD FIGHT
Where AMA ‘45 Spending Would Rank in Lobby Spending in Modern Age
YEAR RANK YEAR RANK YEAR RANK
1998 4th 2002 2nd 2006 5th
1999 1st 2003 3rd 2007 6th
2000 2nd 2004 2nd 2008 8th
2001 2nd 2005 6th 2009-2010 11th
Round 6
LBJ Signs Medicare (1965)
Canada Passes Medical Care Act (1966)
1933-1992
• DEMS controlled both
houses of Congress -- 50 years
• DEMS controlled House -- 56 years
GREAT SOCIETY TIMES www.dailynews.com THE WORLD’S FAVOURITE NEWSPAPER - Since 1879
NIXON-CARTER KENNEDY
• Negotiations with
Nixon (1974)
• Hawaii Prepaid
Health Care Act
(1975)
• Confrontation
with Carter
(1978-80)
• COBRA (1985)
• Catastrophic
Health Insurance
(1988)
BUSH
• Repeal of Catastrophic
Health Insurance (1989)
Round 9
KEY PROVISIONS
SUPPORTERS
OPPONENTS
Employer
Mandate to
Provide
insurance
Cost Control
through HMO
managed care.
Organized Labor
Progressive Groups
Business Roundtable
Chamber of Commerce
American Medical
Association
Health Ins. Industry
Association
Business Roundtable
Chamber of Commerce
Nat’l Federation of Independent
Businesses
For it, before they were against it . . .
Year 1935 1945 1965 1994 2010
Senate Then 70 57 68 57 59
After 73 45 64 48 51
Diff +3 -12 -4 -9 -8
House Then 322 243 295 258 256
After 334 188 248 204 235
Diff +12 -55 -47 -54 -21
NEXT
PRES
WON WON LOST WON WON/LOST
???
AVERAGE LOST
6 SENATE & 33 HOUSE SEATS
Round 12
PCT IN
HMO/PPO PLAN
1993 – 47%
2010 – 77%
Average Health Insurance Premiums and
Worker Contributions for Family Coverage, 1999-2009
$4,247
$9,860
$1,543$3,515
1999 2009
Employer Contribution
Worker ContributionNote: The average worker contribution and the average employer contribution may not add to the average total premium due to rounding. Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2009. http://ehbs.kff.org/pdf/2010/8085.pdf
$5,791 128% Worker
Contribution Increase
131% Premium Increase
$13,375
30
138%
159%
42%
31%
0%
20%
40%
60%
80%
100%
120%
140%
160%
180%
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Health Insurance Premiums
Workers' Contribution to Premiums
Workers' Earnings
Overall Inflation
Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2010. http://ehbs.kff.org/pdf/2010/8085.pdf Bureau of Labor Statistics, Consumer Price Index, U.S. City Average of Annual Inflation (April to April), 1999-2010; Bureau of Labor Statistics, Seasonally Adjusted Data from the Current Employment Statistics Survey, 1999-2010 (April to April).
14.0%13.7%
14.1%
15.1%14.9%
15.3%
15.8%
15.3%
14.7%
68.3%
67.1%
64.4%
63.9%
63.5%
67.9%
62.9%62.9%
65.7%
11%
12%
13%
14%
15%
16%
17%
18%
1999 2000 2001 2002 2003 2004 2005 2006 2007
62%
63%
64%
65%
66%
67%
68%
69%
Under 65, Covered
By Employer
Uninsured
Source: U.S. Census Bureau.
UNINSURED
50.7M
FAMILY INS,
PREMIUM
(2000)
$24,291
FAMILY INS,
PREMIUM (2016)
$6,772
HEALTH
RELATED BKS
2M
PREVENTABLE
DEATHS PER YEAR
22K
DEATHS
SINCE ‘94
290-
350,000
Health Care Reform Dashboard
2003
*Medicare Prescription Drug Benefit
*Maine’s Dirigo Health Reform Act
2006
*“Romney-Care”
*Vermont “Catamount Health”
Round 13
THRILLA
Clinton Lessons
•Failed to Give Congress Input in Drafting
•Had Final Bill too late
•Should have done Welfare Reform before Health Care
•Byrd Rule
• Incremental Reform
•Get a Dog
Lessons Learned? • Failed to Give Congress Input in Drafting
– Obama “subcontracted out” drafting to Congress
• Had Final Bill too late
– Obama – no bill yet to defend during “Town Hall summer”
• Should have done Welfare Reform before Health Care
– Same mistake, should have led with Jobs
• Byrd Rule
– Lesson Learned
• Incremental Reform
– Began administration with S-Chip covering 10M uninsured children
• Get a Dog -
Increase
Deficit
$210 Billion
Passed House 245-189
DC DISTRICT COURT
4TH & 6TH CIRCUIT – CONSTITUTIONAL
11TH CIRCUIT - UNCONSTITUTIONAL
6th Circuit Regulating Impact on
Interstate Commerce
Scoreboard
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