If everything goes as House Democrats hope, they will pass their version of healthcare reform sometime around 9:30 p.m. EST Saturday night. House Speaker Nancy Pelosi and her allies reportedly believe they have the 218 votes needed for passage, but it took quite a bit of work, and at this hour both sides are still laboring to whip enough votes to push themselves over.
President Obama himself worked on Saturday to try and round up the last bits of support necessary to ensure the legislation would survive. He went to the House in order to speak to his fellow Democrats and encourage them to vote for the bill, and upon his return to the White House he made remarks that hit the same theme.
"I just came from the Hill where I talked to the members of Congress there, and I reminded them that opportunities like this come around maybe once in a generation. Most public servants pass through their entire careers without a chance to make as important a difference in the lives of their constituents and the life of this country," Obama said. "This is their moment, this is our moment, to live up to the trust that the American people have placed in us -- even when it's hard; especially when it's hard. This is our moment to deliver. I urge members of Congress to rise to this moment. Answer the call of history, and vote yes for health insurance reform for America."
Supporters of the bill already won a key test, a procedural vote to open debate, 242-192. 15 Democrats joined all of their Republican colleagues in voting no, but members often vote to allow debate and then ultimately oppose the bill in the final roll call. As of this post, Republicans are saying they have counted 35 Democrats as "no" votes - 41 would have to cross the aisle in order to defeat the bill.
There will be three votes before the one that really counts. The first will be on an amendment offered by pro-life Democrats that would severely restrict coverage of abortion offered by any providers that participate in an exchange created under the bill. The decision to allow that vote was a major concession to that wing of the party, a concession made Friday night in order to break a deadlock and ensure that the bill could come to the floor. The amendment is expected to pass, though it could go either way.
The second vote is on a Republican amendment, one that would substitute their own proposal for the entire Democratic bill. It will, given the large Democratic majority, go down to defeat. Similarly, the third vote -- a last chance for the GOP to kill the bill with something called a motion to recommit -- should fail, allowing Democrats to proceed to the big moment of the night, the final roll call.
Senate Democrats on Sunday sparred with each other over how to fix the nation's troubled health care system, the moderates threatening to scuttle legislation if their demands weren't met and the more liberal members warning their party leaders not to bend.
The dispute among Democrats foretells of a rowdy floor debate next month on legislation that would extend health care coverage to roughly 31 million Americans. Republicans have already made clear they aren't supporting the bill.
Final passage is in jeopardy, even after the chamber's historic 60-39 vote Saturday night to begin debate.
"I don't want a big-government, Washington-run operation that would undermine the ... private insurance that 200 million Americans now have," said Sen. Ben Nelson, a conservative Nebraska Democrat.
Nelson and three other moderates -- Democratic Sens. Mary Landrieu of Louisiana and Blanche Lincoln of Arkansas and Connecticut independent Joe Lieberman -- agreed to open debate despite expressing reservations on the measure. Each of them has warned that they might not support the final bill.
One major sticking point is a provision that would allow Americans to buy a federal-run insurance plan if their state allows it. Moderates say they worry the so-called public option will become a huge and costly entitlement program and that other requirements in the bill could cripple businesses.
"I don't want to fix the problems in our health care system in a way that creates more of an economic crisis," said Lieberman.
The sway held by such a small group of senators has annoyed their more liberal colleagues, who could vote against a final bill if it becomes too watered down.
Sen. Sherrod Brown, D-Ohio, said he didn't think rank-and-file Democrats would feel compelled to go that far. At the same time, Brown warned Democratic leaders not to make too many concessions.
"I don't want four Democratic senators dictating to the other 56 of us and to the rest of the country -- when the public option has this much support -- that (a public option is) not going to be in it," said Brown.
The Senate bill would require most Americans to carry insurance and provide subsidies to those who couldn't afford it. Large companies could incur costs if they did not provide coverage to their work force. The insurance industry would come under significant new regulation under the bill, which would first ease and then ban the practice of denying coverage on the basis of pre-existing medical conditions.
Congressional budget analysts put the legislation's cost at $979 billion over a decade and say it would reduce deficits over the same period while extending coverage to 94 percent of the eligible population.
The House approved its version of the bill earlier this month on a near party-line vote of 220-215.
Sen. Dick Durbin of Illinois, the No. 2 Democrat in the Senate, said the health care bill must be passed by the end of the year so that President Barack Obama and Congress can to shift their attention to the economy and improving employment rates.
Such a timeline also would enable Obama to claim victory on a major domestic priority when he delivers his State of the Union speech in January. With one-third of Senate seats up for election in 2010, politics will factor heavily into the outcome of the debate over health care.
Sen. Michael Bennet, a junior Democrat who will be seeking his first full term next year in Colorado, where many districts lean conservative, said he would support the health care overhaul even if doing so means losing his seat.
"The thing that our working families need more than anything else is to end these double-digit cost increases that they're having every single year with health insurance," Bennet said.
Democratic Sen. Chuck Schumer of New York said he believes there are enough votes to include a public insurance option in the bill as long as states were allowed to opt out. To do so, all 58 Democrats and independent Sens. Lieberman and Bernie Sanders of Vermont would have to support it.
Lieberman and Nelson have said they object to the public option. On Sunday, Nelson said he is open to negotiating the provision; he said he would prefer allowing states to opt into the program, instead of having to remove themselves.
Senate GOP leader Mitch McConnell said the lingering reservations by moderate Democrats indicate that the party's leaders have gone too far. On Saturday, no Republican voted to begin debate on the bill, which they said would cripple industry and drive up costs for the average American.
"I believe there are a number of Democratic senators who do care what the American people think and are not interested in this sort of arrogant approach that everybody sort of shut up and sit down, get out of the way, we know what's best for you," said McConnell.
Brown, Bennet and McConnell appeared on CNN's "State of the Union." Lieberman appeared on NBC's "Meet the Press." Nelson appeared on ABC's "This Week."
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Associated Press writers Lolita C. Baldor and Philip Elliott contributed to this report.
A moderate Democratic senator who voted to allow debate over a health care bill says he might not support the bill in its next hurdle in the Senate.
Sen. Ben Nelson of Nebraska says he has serious problems with the bill. He says he wants tougher restrictions on what services taxpayers pay for.
The Nebraska Democrat says he wants an overhaul of the nation's health care system but still needs to be convinced that the Senate bill is the right path to that goal.
On Saturday night, Democrats mustered the minimum 60 votes needed to advance the Senate bill to debate after the Thanksgiving break. After that debate, the bill faces another vote that requires 60 senators in support.
Nelson appeared Sunday on ABC's "This Week."
Invoking the name of Edward M. Kennedy, Democrats united Saturday night to push historic health care legislation past a key Senate hurdle over the opposition of Republicans eager to inflict a punishing defeat on President Barack Obama. There was not a vote to spare.
The 60-39 vote cleared the way for a bruising, full-scale debate beginning after Thanksgiving on the legislation, which is designed to extend coverage to roughly 31 million who lack it, crack down on insurance company practices that deny or dilute benefits and curtail the growth of spending on medical care nationally.
The spectator galleries were full for the unusual Saturday night showdown, and applause broke out briefly when the vote was announced. In a measure of the significance of the moment, senators sat quietly in their seats, standing only when they were called upon to vote.
Republican Sen. George Voinovich of Ohio missed the vote.
In the final minutes of a daylong debate, Majority Leader Harry Reid, D-Nev., accused Republicans of trying to stifle a debate the nation needed.
"Imagine if, instead of debating whether to abolish slavery, instead of debating whether giving women and minorities the right to vote, those who disagreed had muted discussion and killed any vote," he said.
The Republican leader, Sen. Mitch McConnell of Kentucky, said the vote was anything but procedural -- casting it as a referendum on the bill itself, which he said would raise taxes, cut Medicare and create a "massive and unsustainable debt."
For all the drama, the result of the Saturday night showdown had been sealed a few hours earlier, when two final Democratic holdouts, Sens. Mary Landrieu of Louisiana and Blanche Lincoln of Arkansas, announced they would join in clearing the way for a full debate.
"It is clear to me that doing nothing is not an option," said Landrieu, who won $100 million in the legislation to help her state pay the costs of health care for the poor.
Lincoln, who faces a tough re-election next year, said the evening vote will "mark the beginning of consideration of this bill by the U.S. Senate, not the end."
Both stressed they were not committing in advance to vote for the bill that ultimately emerges from next month's debate. Even so, their announcements marked a major victory for Reid and the White House in a year-end drive to enact the most sweeping changes to the nation's health care system in a half-century or more.
The legislation would require most Americans to carry insurance and provide subsidies to those who couldn't afford it. Large companies could incur costs if they did not provide coverage to their workforce. The insurance industry would come under significant new regulation under the bill, which would first ease and then ban the practice of denying coverage on the basis of pre-existing medical conditions.
Congressional budget analysts put the legislation's cost at $979 billion over a decade and said it would reduce deficits over the same period while extending coverage to 94 percent of the eligible population.
It's done: Senate Democrats gathered 60 votes and got their healthcare reform bill through the first test it will face.
All 60 members of the Senate's Democratic caucus stuck together for this vote, a cloture motion that opens debate on the legislation. Similarly, all 39 of the Republicans who voted opposed the motion. Sen. George Voinovich, R-Ohio, was the lone senator not voting.
Actual debate on the bill won't begin until after Thanksgiving, and it won't be easy. Already, two members of the Democratic caucus -- Sens. Joe Lieberman and Blanche Lincoln -- have threatened to support a Republican filibuster if it includes a public option, and more could follow.
Later Saturday night, the Senate Democrats' healthcare reform bill will pass its first test. Majority Leader Harry Reid officially has the 60 votes needed to win on a cloture motion that will open debate on the legislation. The last two members of the Democratic caucus to announce their intentions, Sens. Mary Landrieu of Louisiana and Blanche Lincoln of Arkansas, both said Saturday that they'll be voting with their party.
But this is just one procedural vote. The more daunting hurdle of the cloture vote to break a filibuster and hold an up-or-down vote on the bill itself still lies ahead, and there Reid may have serious trouble, especially if a plan to create a government-run insurance provider -- the public option -- remains in it.
Sen. Joe Lieberman, I-Conn., who is a member of the Democratic caucus, has already said he'll vote to filibuster a bill that contains any form of the public option. (He is voting for cloture tonight, but not, he says, the next time around.) And on Saturday, Lincoln too threatened to support a filibuster of the legislation if it includes the public option.
Both will be tough nuts for Reid to crack. Lieberman's not up for re-election next year, and has already been taunting liberals by saying he's not afraid of possible retribution. Lincoln, on the other hand, is up for re-election -- and that's the problem. She's seriously vulnerable, and is looking at polling numbers that seem to indicate voting with her party to support a public plan would only put her in a more precarious position.
Earlier this week, Senate Democrats finally unveiled their healthcare reform legislation. Despite all the squabbling that's gone on over the public option the bill does, like its House counterpart, contain a plan for a government-run insurance provider. However, there are a number of important differences between the two proposals. Assuming Senator Majority Leader Harry Reid musters together the 60 votes necessary to get his version through the Senate, there are going to be a number of points that negotiators will need to work out in committee. Here are some of the most important differences between the bills.
Public Option: Will states be allowed to “opt out”?
Both bills include the creation of a government-run insurance provider to compete with private insurers. However, the Senate version would allow states to opt out of the public plan.
Abortion: The Stupak Legacy
To garner much-needed support from anti-abortion Democrats, House Speaker Nancy Pelosi (D-CA) allowed them to attach the infamous Stupak-Pitts amendment to her chamber's version of the bill. The provision would bar women who are receiving federal subsidies for their insurance from purchasing plans that cover elective abortions. It would also bar the public plan from offering abortion coverage. The Senate version takes a more moderate approach: Those receiving federal subsidies could buy insurance that covers abortion -- but insurers would have to place federal money in separate accounts and could only use private dollars to cover the procedure. The public plan could also offer abortion coverage, as long as it segregated federal subsidies in the same way.
Cost: The difference a year makes
According to the Congressional Budget Office, the House bill would cost about $1.052 trillion and reduce the deficit by $138 billion. The CBO predicts that the Senate bill would cost $849 billion, while cutting $130 billion from the deficit. This difference is largely due to the fact that many major provisions in the Senate proposal would not go into effect until 2014 -- a year later than in the House bill.
Coverage: Universal? Not quite
For decades, the Democrats talked of providing universal healthcare. These bills come closer, but neither quite reaches that goal. Both, however, will significantly reduce the number of uninsured. Today, 83 percent of non-elderly legal residents have health insurance. (The elderly are covered by Medicare.) Under the House bill, 96 percent of that population would be covered by 2016. The Senate's legislation would expand coverage to 94 percent. Still, about 18 million people would remain uninsured under the House's proposal, as would about 23 million in the Senate's.
Paying the bills: What gets taxed
Under the House bill, much of the money to pay for the reforms would be raised through a 5.4 percent surtax on high-income people -- that is, individuals making more than $500,000 a year or couples with annual incomes in excess of $1 million. The Senate version, on the other hand, would impose a different series of new taxes including: A 40 percent tax on “Cadillac health plans” (employer-sponsored group plans with premiums of over $8,500 for individuals or over $23,000 for families); the introduction of annual fees for health care companies; an increase in Medicare payroll taxes from 1.45 percent to 1.95 percent for those earning more than $250,000 a year and the implementation of the so-called "Botox tax," which is a five percent tax on elective cosmetic medical procedures.
Employer mandates: Do companies need to offer health insurance?
The House bill stipulates that employers with payrolls of more than $500,000 must offer health coverage or pay a federal tax. The Senate version does not explicitly require employers to provide coverage; however, companies with 50 or more full-time employees would have to pay a penalty of $750 per employee if they fail to offer coverage and if any of their employees obtain federally subsidized care via the new health insurance exchanges.
Friday, Senate Democratic leaders agreed to include the Wyden amendment in their healthcare proposal. Under this provision, employers would have one of two options. Companies could offer their employees a single plan and give all eligible workers the option of accepting a voucher to independently purchase their own insurance. Alternatively, an employer could offer two or more health care plans, provided that at least one has a premium that costs no more than the average premium of the two least expensive health plans in the local exchange. The House bill includes no comparable language.
Individual mandates: Penalties for remaining uninsured
Both bills require most Americans to maintain a minimum level of health insurance. However, the penalties for not doing so are much stiffer in the House bill: Those who failed to acquire insurance would pay a tax equal to 2.5 percent of their gross income of over $9,350 for individuals or $18,700 for couples. Under Reid’s legislation, the penalties would start at $95 per person in 2014 and gradually go up to $750 a head in 2016.
Insurance Exchanges: State-based or national
Both bills would create some sort of health insurance exchange, a marketplace where individuals and small companies can shop for insurance and compare benefits and prices. The exchanges would put individuals into large risk pools, which are intended to provide them with leverage to purchase insurance at a lower cost. The House bill would create a national exchange, although states could petition to run their own exchanges as well. Under the Senate proposal, states would form their own exchanges. This, however, could prove problematic, as it is unclear whether state exchanges would be able to attract a sufficient number of enrollees to push for lower premiums.
Illegal Immigrants
The House bill would allow illegal immigrants to buy insurance from the exchanges, but would not allow them to obtain federal subsidies. The Senate version prohibits illegal immigrants from purchasing insurance from these exchanges, even if they could pay for their own coverage in full. This could have the effect of preventing illegal immigrants from buying individual insurance altogether.