On marriage equality: If Minnesota, why not New Jersey?

Kudos to Minnesota for clearing the first hurdle toward marriage equality.

A 75-59 vote Thursday in the Minnesota state House is the first step toward adoption of a bill legalizing same-sex marriage. The state Senate is expected to pass it next week and Gov. Mark Dayton is expected to sign it into law, according to The Huffington Post.

That will make 12 states that have legalized same-sex marriage, with most having done so through the courts and the vast majority being on the East Coast.

Conspicuously absent, of course, is New Jersey, which has passed marriage-equality legislation only to have it vetoed by Gov. Chris Christie. Christie opposes same-sex marriage, but has said he would allow for a public referendum —  where, if the polling is any indication, it likely would pass.

This raises some questions. The idea that a minority population must seek approval of the majority via a referendum before they can be granted their civil rights is, in an of itself, a violation of those rights. That is essentially why the state’s gay-rights groups and Sen. President Steve Sweeney (D-Gloucester) have been unwilling to support a referendum.

Assemblyman Reed Gusciora (D-Mercer), one of only two openly gay members of the state Legislature and sponsor of the original bill, long held the same opinion, though his views have evolved as the issue has stalled.

“Civil rights delayed is civil rights denied so this is our only option at this point.”

He’s introduced legislation in December — with cosponsor Upendra Chivukula (D-Somerset) —  putting it before voters, but it has not been scheduled for a vote by the Assembly Judiciary Committee and is unlikely to end up on the 2013 ballot.

There remains a chance that enough Republicans will change their votes during the December-January lame-duck session, but it will be difficult. The original marriage-equality vote was 24-16 in the Senate and 42-33 in the Assembly, but 27 Senators and 54 Assembly members are needed for a veto — a shift of three senators and 12 Assembly members. Those close to the vote say there are at least three senators ready to back an override, but finding the dozen Assembly members — of both parties — needed is going to be a tall order.

I wouldn’t expect anything to change on the issue in New Jersey at least until 2014, and even that is being optimistic.

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New piece on campaign finance at NJ Spotlight

Politics, politics, politics.

While it seems pretty clear that there is a need to change the way we pay for political campaigns — to get the special interest (in particular, the corporate special interest) money out and to enhance participation at the grassroots — the likelihood that anything will happen, as always, is a function of the political moment.

As I report in this piece, out today on NJ Spotlight, Democrats have offered some useful campaign finance proposals. They also, as it turns out, would prefer that at least one — requiring disclosure by independent groups of their donors — not get a vote because of the impact it could have on the governor’s race.

Republicans, for their part, say they are willing to move forward with campaign finance reforms — but they have a very different definition of what they might be (target union spending and mechanisms like wheeling, the moving of money from committee to committee, that generally benefit Democrats.

All of the proposal on the table, of course, would help. We need disclosure of donors to independent groups and tighter, more global restrictions on pay-to-play that cover all levels of government. We need to limit wheeling. And we need to make sure the system is as transparent as possible.

But these remain stop-gaps, small tweaks that will leave the basic system in place. And it is the system that needs to change.

We need to encourage small donors to get involved, as this campaign is doing in New York, by matching small donations. We need public financing to limit the field and give candidates without major financial backing a shot to run. And we need to change the larger political culture, which values the opinions of big donors over voters.

I’m not naive. This is not going to be easy, but as Dena Mottola Jaborska of N.J. Citizen Action told me (quoted from my NJ Spotlight story).

“It is very expensive to run for office in this state and if you are a serious candidate you have to have a pile of cash to do so,” she said. “As a candidate, you don’t build at the grassroots or look for small donations. That is why special-interest position on issues — those who finance the campaigns — will matter more because they are the financers of the campaign.”

David Donnelly of Public Campaign Action Fund agreed.

“We have to replace the kind of dependency on big donors that exists in the current system with new dependency on regular voters,” he said. “We will still need money to run for office. But we want those people who run to have to work for it. It is a more fundamental shift — to put participation at the core, rather than just having anti-corruption at the core of our funding laws.”

Just don’t expect this to happen any time soon. Why?

As I said when I opened this post: Politics, politics, politics.

Hospital costs and the great health-care debate

A story in today’s edition of The New York Times once again raises questions about how we manage health care in the United States.

Data being released for the first time by the government on Wednesday shows that hospitals charge Medicare wildly differing amounts — sometimes 10 to 20 times what Medicare typically reimburses — for the same procedure, raising questions about how hospitals determine prices and why they differ so widely.

 

The data for 3,300 hospitals, released by the federal Center for Medicare and Medicaid Services, shows wide variations not only regionally but among hospitals in the same area or city.

The data, as the story points out, does not account for a variety of factors — regional differences in pay scales and costs, the relative health of particular patients, etc. — but it does raise questions about how hospitals determine prices and what recourse we have to address this system. One factor cited by the hospital industry is health insurance, though insurers counter that hospitals make it difficult to account for the real costs of any procedure.

An official at the American Hospital Association, a trade group, said there was a cat-and-mouse game between hospitals and insurers that affects what hospitals charge.

As insurers demand bigger discounts from a hospital, a facility may raise its charges to protect its bottom line, that official, Caroline Steinberg, said. “The hospital raises its rate to cover the discount,” said Ms. Steinberg, who is the group’s vice president for trends analysis.

Robert Zirkelbach, a spokesman for America’s Health Insurance Plans, the nation’s largest association of health insurers, said some member companies were reporting sharp price increases of 20 to 30 percent for some services. Some insurers are seeking similar price increases from policy holders.

“There’s very little transparency out there about what doctors and hospitals are charging for services,” Mr. Zirkelbach said. “Much of the public policy focus has been on health insurance premiums and has largely ignored what hospitals and doctors are charging.”

That this back and forth is occurring in a nation with the highest per capita health costs of any in the industrialized world is particularly galling. As PBS Newshour pointed out in October, the $8,233 we spend per person on health care in the United Staets is “more than two-and-a-half times more than most developed nations in the world, including relatively rich European countries like France, Sweden and the United Kingdom.” Our health-care costs, the report adds, “now eat up 17.6 percent of GDP.”

And, as the report goes on to show, we are not getting our money’s worth. While a “sizable slice of Americans — including some top-ranking politicians — say the cost may be unfortunate but the U.S. has ‘the best health care in the world,'” we generally rank poorly on most health indicators.

According to the most recent report from the Organization for Economic Co-operation and Development (OECD) — an international economic group comprised of 34 member nations — it’s not as much as many Americans expect.

In the United States:

  • There are fewer physicians per person than in most other OECD countries. In 2010, for instance, the U.S. had 2.4 practicing physicians per 1,000 people — well below below the OECD average of 3.1.
  • The number of hospital beds in the U.S. was 2.6 per 1,000 population in 2009, lower than the OECD average of 3.4 beds.
  • Life expectancy at birth increased by almost nine years between 1960 and 2010, but that’s less than the increase of over 15 years in Japan and over 11 years on average in OECD countries. The average American now lives 78.7 years in 2010, more than one year below the average of 79.8 years.
There’s a bright side, to be sure. The U.S. leads the world in health care research and cancer treatment, for instance. The five-year survival rate for breast cancer is higher in the U.S. than in other OECD countries and survival from colorectal cancer is also among the best, according to the group.
Overall, however, it is clear that we are doing something very wrong. The PBS report points to France and Japan, which “demonstrate that it is possible to have cost-containment at the same time as paying physicians using similar tools to those used in the U.S.” Those countries
use a common fee schedule so that hospitals, doctors and health services are paid similar rates for most of the patients they see. In the U.S., how much a health care service gets paid depends on the kind of insurance a patient has. This means that health care services can choose patients who have an insurance policy that pays them more generously than other patients who have lower-paying insurers, such as Medicaid.

France and Japan also

are flexible in responding if they think certain costs are exceeding what they budgeted for. In Japan, if spending in a specific area seems to be growing faster than projected, they lower fees for that area. Similarly, in France an organization called CNMATS closely monitors spending across all kinds of services and if they see a particular area is growing faster than they expected (or deem it in the public interest), they can intervene by lowering the price for that service. These countries also supplement lowering fees with other tools. For example, they monitor how many generic drugs a physician is prescribing and can send someone from the insurance fund to visit physicians’ offices to encourage them to use cheaper generic drugs where appropriate. In comparison, U.S. payment rates are much less flexible. They are often statutory and Medicare cannot change the rates without approval by Congress. This makes the system very inflexible for cost containment.
Just as significantly, PBS says,

There are few methods for controlling rising costs in private insurance in the U.S. In running their business, private health insurers continually face a choice between asking health care providers to contain their costs or passing on higher costs to patients in higher premiums. Many of them find it hard to do the former.

Cost containment, I would argue, is less important to insurers than profit. If they can generate profit by increasing what they charge patients, they will do it. If maintaining or increasing profit requires denial of care or reimbursement, they will do that. But they do nothing without considering the bottom line.
 
This is a distortion of what a well-functioning health-care system is supposed to be about. Health care should be, first and foremost, about health, which means that we should be judging everything we do in this sector based on health outcomes. Shouldn’t the statistics — falling life-expentancy rates, sicker kids, and growing rates of preventable diseases — serve as the Bat-signal for change, especially with costs growing as they are?
 

That the Affordable Care Act — Obamacare — is viewed as major systemic and historic change should tell you just how distorted this argument has become. It does extend coverage, but it leaves in place much of the current system. Its improvements are, really, little more than tinkering with the machinery.

My proposal would be to cut to the heart of our system and cut private insurers out of the mix. I continue to think a single-payer system makes the most sense. But, more importantly, I think we need a full reimagining of health care that moves away from paying fees for individual services toward one in which coverage is based on the holistic treatment of individual patients; that takes profit out of the game as a motivation and makes overall health the driver of all decisions; and that views access to affordable, high-quality health care a right, rather than a privilege.

Health care is not the same as buying a car. We need to stop treating it as though it were.

 

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The Ugly American returns

http://www.msnbc.msn.com/id/32545640

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Growing up, I was taught that we were the indispensable nation, that we rise to the occasion and that we, as a country, always do the right thing. That’s what the history books say.

The reality has never matched this. We are, as the novelist Sinclair Lewis pointed out, small-minded and parochial. We believe in retribution, but not in penance or forgiveness. We are jingoistic, disdain difference and we’re often just plain mean.

This nastiness is now in full view, thanks to a Facebook meme that demands that burial on U.S. soil be denied to Boston Marathon bombing suspect Tamerlan Tsarnaevas’ body and that, if another nation will not take him off our hands, he should be dumped unceremoniously in the ocean.

The anti-burial sentiment has sparked a Facebook meme, pushed by a reprehensible outfit calling itself Uncle Sam’s Misguided Children. The group describes itself this way:

Uncle Sam’s Misguided Children is a Highly Conservative Page. Founded in 2012 by an honorable discharge Marine who after growing up 13 years in a communist country was enamored by what America offered him. After serving in the military he knew what he wanted to stand for; God, Country, & Corps. He believes that our military puts their life on line every day for a country he came to love for its freedoms and rights that were not an option to him growing up. He believed that Uncle Sam’s Misguided Children could allow an opportunity for a band of brothers and sisters whether military or civilian to have a chance to stand for their beliefs as Americans. He firmly stands behind the constitutional rights and believes that all Americans should come together as a Band of Brothers to fight for those rights together. Uncle Sam’s Misguided Children is a symbol of freedom and core values to bring Americans to stand up and be United rather than divided to fall.

Don’t let the rather flaccid and empty rhetoric of the group’s description fool you. The nonsense posted on its Facebook page is a stereotypical mix of every trope tossed up by the right in recent years: anti-Mexican and anti-Muslim; anti-Obama (not just critical, but virulently and personally so); pro-gun; anti-government; and very, very militaristic.

Groups like this have been very active over the last decade, exploiting the fear and anger of average Americans to further their xenophobic and fascist agendas.

Look, I don’t have a problem with the anger — that is to be expected, following something like the Boston bombing. I even understand the desire for retribution.

What I have trouble with is the notion that we must give in to these feelings, that we must become the worst parts of ourselves.
  
The humane thing to do is to let the body be buried as per religious requirements, whether here or somewhere else, even if it means in a Potter’s Field. And, acting like this makes us look bad as a nation and only proves the caricature of the Ugly American correct.

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