Monthly Archives: October 2019

Testimony about the New York Health Act, Provided to the New York State Senate and Assembly Health Committees

Throughout this year, the New York State Senate and Assembly Health Committees are holding a series of joint hearings across the state that are focusing on the New York Health Act (S.3577, A.5248)., a bill to create a fully-public universal health care program for all New York residents The first hearing was held in Albany late last spring — it was jam-packed and lasted over 13 hours, and garnered much local media attention. The second was held in early October in Western New York, at the Memorial Art Gallery in Rochester — it too was well attended, lasted most of the day, and got covered by local media. The third took place in New York City in late October at the Bronx Library Center– over 40 people testified over the course of a full day. A final hearing is planned for November in the Hudson Valley — the date and location are to be announced.

Below is the testimony we presented at the New York City hearing on October 23rd.

“Since our coalition’s founding 26 years ago, we have supported various proposals and legislation that both fully embody and incrementally move our state and nation towards a universal health care program.  We do not believe either approach to be in opposition to the other, but rather they are complementary – one reinforces and advances the other both policywise and politically.  We therefore call on the Legislature and Governor to do the same: that is, to push for a unitary bold and comprehensive program, while at the same time taking other strategic interim steps forward to lay groundwork.

“It is in this vein that we understand and support the New York Health Act, as we have since our very first days as a coalition.  This bill, should it be enacted by the Legislature and signed into law by the Governor, will have to be put in place in phases, so it’s helpful for us to think of it in that way.  In sum, this bill lays out a journey that we will all be embarking on, and a framework we will be working from. first crafting and enacting legislation, next crafting and adopting rules and regulations, and finally implementing it as law over a defined period of time.

“As this bill moves forward in the legislative process, we recognize that changes will be made, both for policy and political reasons, so that the public in all our variety is behind the effort in every step in the process.  Several of our coalition’s union partners, while certainly supportive of the bill’s goals and principles, have expressed legitimate concerns about some aspects of the bill that they worry may leave their members less well off.  We commend your efforts as chairpersons to engage with them to address their concerns, and urge you to continue that process.  We also thank the New York State AFL-CIO for taking leadership to bring our state’s trade union community together to help forge resolutions.

“With that in mind, we call for your committees and all stakeholders to focus on the following goals as we proceed:

  • Universality – When all is said and done, ALL New Yorkers must have good health coverage in place in coverage that they can rely on when accessing care.  We believe that public programs are the best foundations to build upon, and we believe that a unitary program is best to create.
  • Affordability – ALL New Yorkers must be able to afford the care they and their families need and receive.  We believe a system of progressive taxation with little to no payment at the point of service is the best way to finance the provision of services.
  • Accessibility – As universal coverage comes in place, ALL New Yorkers must have a place to go to get the care they need in their local communities, from culturally-competent providers they know, trust, and freely choose.  An insurance card alone is not enough, and requiring people to travel long distances will not work.
  • Comprehensiveness – ALL services deemed necessary by patients, their families, and their providers must be covered, including medical, dental, mental health, reproductive health, substance use treatment, and long-term care for people with chronic illnesses and disabilities.
  • Simplicity – The terms “byzantine” and “Kafkaesque” don’t even begin to describe the nature of our state’s health care system, and an average patient’s experience of seeking and paying for services.  If this bill does nothing else, it must make our state’s health care system vastly easier for the everyday person to understand and use.
  • Patient-at-the-center – At the end of the day, any and all changes and reforms of our health care system must be centered around the concerns and priorities of the patient, and not the systemic priorities of any entities providing and financing care.  The patient comes first, and the system must adapt to meet their needs even if deemed by elements of the system to be “inefficient.”
  • Accountability – Given that our state’s resources for health care are not limitless, all aspects of our health care system must be subject to rigorous oversight by state authorities to assure the highest quality and scope of care for the investments we make, and to hold the components of our delivery and payment systems accountable for all patients’ access, costs, care experience, and treatment outcomes.
  • Equity – Like all aspects of our society, there is a long and shameful history of disparities and inequities in treatment throughout our health care and coverage systems based on race, ethnicity, nationality, spoken language, gender and gender identity expression, disability, sexual orientation, and other demographic factors.  Whatever gets created and changed by the New York Health Act must mitigate and ameliorate this history, as well as address its historic impacts in the manner of restorative justice.
  • Government in the driver’s seat – Overall, what is most hopeful about the New York Health Act is that it envisions taking health care out of the for-profit sector and placing it firmly in the public and non-profit sectors.  To the extent any for-profit entities would continue to play any role in the provision of and payment for services, they should be highly regulated. We strongly support these changes.  We believe that health care is a public and social good, a human right, and it should no longer be subject to the vagaries and cruelties of the free market with its consequent winners and losers.
  • Promoting health – The proper role of a health care system is to, as best as possible, restore people to well-being in the event of illness and injury, and to keep them healthy.  Doing so also contributes to the public health of our state, so a universal health care program needs to explicitly affirm and embrace such a responsibility.

“In closing, we thank and salute both of you and your committees for putting forth the New York Health Act as the next step in our state’s long and proud tradition of addressing the health care needs of all New Yorkers.  Among states, we have the among the most robust Medicaid, Child Health Insurance, and Affordable Care Act marketplace programs.  It’s now time to take the next step and move toward a full universal health care program as envisioned by your bill.  Our coalition stands ready and willing to work with your committees, your colleagues in the Legislature, and the Governor to sort it all out and get the job done.”

116th Congress Takes on Health Care: Aspirations So Far

As Congress has returned to work this fall, here’s an assessment of where various health care initiatives stand, and prospects for the rest of this year heading into 2020:

Appropriations bills – While a 2-year overall budget framework was adopted by Congress in late July (running until mid-2021), the spending bills for FY 2020 (which started on this past October 1st) have yet to be enacted, including the one for the Dept. of Health and Human Services.  Before Congress recessed at the end of last week for a 2-week period, they passed a “Continuing Resolution” to keep the federal government open and operating at FY 2019 levels until Nov. 21st.  Overall sticking points are funding for a wall on the southern border, and maintaining parity between increases in defense vs. non-defense spending.

Affordable Care Act defense and improvement bills – Earlier this year, both the House and Senate developed bills to push-back against Trump administration moves to weaken or outright undermine the ACA, as well as to improve some aspects of the bill that have needed fixing.  In the House, their bill is the “Protect Pre-Existing Conditions and Making Health Care More Affordable Act” (HR 1884/Pallone), and 5 Representatives from NYC: Jeffries (NY-8), Rose (NY-11), Maloney (NY-12), Espaillat (NY-13), and Engel (NY-16) are co-sponsors.  The bill has been jointly referred to the Education and Labor, Energy and Commerce, and Ways and Means Committees for mark-up, but nothing has yet moved out of any of them. 

In the Senate, the main bills are the “Protecting Americans with Pre-Existing Conditions Act” (S. 466/Warner) which is co-sponsored by Sen. Gillibrand, and the “No Junk Plans Act” (S. 1556/Baldwin) and is cosponsored by both Sen. Schumer and Sen. Gillibrand.  In addition, the Health Education, Labor, and Pensions (HELP) Committee passed the “Lower Health Care Costs Act” (S.1895/Alexander-Murray) and sent it to the floor in late June – it is an omnibus bill with a variety of provisions dealing with a range of health care issues and problems.

Surprise medical bills legislation – Both the House and Senate have been developing bi-partisan bills to provide new consumer protections for patients who are unexpectedly and unfairly hit with out-of-network bills from doctors, hospitals, and other medical facilities.  The two main approaches that have emerged both remove patients from being caught in the middle of such disputes between insurers and providers: one approach creates an arbitration system (like we have here in NY for insurers subject to state jurisdiction); another approach creates a benchmark payment based on the average in-network charge for a given service in a given geographic area.  Up through this summer, everything was on track to move forward this fall.  However. since the August recess period, “dark money” forces and venture capital/hedge funds have launched an aggressive campaign to stop any such bills, as they seek to defend independent medical group entities that they own who profit handsomely from the current status quo where they can “balance bill” patients.  Congressional leaders’ goal is to get a bill done by year-end.  They are working their way through the Energy and Commerce and Education and Labor Committees in the House, and the Health, Education, Labor, and Pensions Committee in the Senate.

Prescription Drug Pricing bills – House leadership recently introduced their new “Lower Drug Prices Now Act” (HR 3/Pallone) to a) create a system of government price negotiation with manufacturers for high-priced drugs, b) moderate annual price increases for all drugs, and 3) cap annual out-of-pocket costs for drugs for people on Medicare.  They want to try to move this bill to the floor by the end of October.  Its co-sponsors from NYC include Reps. Meng (NY-6), Rose (NY-11), and Engel (NY-16.)   The “Medicare Negotiation and Competitive Pricing Act (HR 1046/Doggett), a bill that is more robust in scope, was introduced earlier this year, and is co-sponsored by NYC Reps. Velazquez (NY-7), Jeffries (NY-8), Clarke (NY-9), Nadler (NY-10), Rose (NY-11), Maloney (NY-12), Espaillat (NY-13), Ocasio-Cortez (N-14), and Serrano (NY-15).  Advocates are supporting both these bills as good first steps.  In the Senate, S.377/Brown is similar to HR 1046, and another bill, the Prescription Drug Pricing Reduction Act (S.2543/Grassley-Wyden), has passed out of the Finance Committee.

Medicare-for-All bills – A variety of such bills have been introduced in the House and Senate, ranging from modest to comprehensive in scope.  In the House, the most progressive one is HR 1384 (Jayapal-Dingell), and all NYC Reps. are co-sponsors except for Rep. Rose (NY-11).

The other ‘building on Medicare” bills are:

  • “Medicare Buy-in and Health Care Stabilization Act” (HR 1346/Higgins) – NYC co-sponsors: Meeks (NY-5), Jeffries (NY-8), Rose (NY-11)
  • “Medicare-X Choice Act” (HR 2000/Delgado) – NYC co-sponsors: Jeffries (NY-8), Rose (NY-11)
  • “Medicare for America Act” (HR 2452/DeLauro) – No NYC Reps. have yet co-sponsored.

Over on the Senate side, the main Medicare-for-All bill (S.1129) has been introduced by Sen. Sanders (similar to HR 1384) and is co-sponsored by Sen. Gillibrand.  Other Medicare-based bills are S.981/Bennet (same as HR 2000), and S.470/Stabenow (“Medicare at 50 Act”) which Sen. Gillibrand is co-sponsoring.

The Bigger Context:

Looming over all these legislative proposals and actions are three major concerns that will affect what moves ahead and when, if at all:

Impeachment Inquiry – There is much speculation that further developments in the House’s new impeachment inquiry process could easily eclipse and derail any of the above discussed bills either because it becomes an overall distraction and/or because hyper-partisanship may intensify.

ACA Repeal court case (“Texas v. US”) – The Fifth US Circuit Court in New Orleans is expected to issue its appeal ruling soon on the constitutionality of the ACA in response the initial Texas District Court ruling early this year that struck down the law yet staying its decision pending appeals.  The Trump administration has actively sides of the plaintiffs (various Republican State Attorneys General led by the one from Texas) rather than defending the law (as is typical in such situations), and the House on the side of the defendants (various Democratic State AGs led by the one from California.)  Whatever the 5th Circuit decision, its ruling will be appealed to the US Supreme Court by whichever side loses.  It’s not clear if the lower court’s stay will be continued, nor if and when SCOTUS would take up the case and hear arguments, either in their 2019-2020 session that will begin next week, or its 2020-21 session.  In either scenario, the whole matter will likely continue to stoke hyper-partisanship around the law and health care issues in general, particularly in an election year context.  Should an adverse decision come down from the 5th Circuit, advocates nationally will be mobilizing to voice opposition, help the public understand the implications, and pressure Congress to develop legislative reactions.  It is important to place this case in context as part of the larger effort of the Trump administration and its Congressional allies to get rid of the ACA, either legislatively (which failed in 2017), legally (now underway in this case), or by Executive Order and/or regulatory changes (various efforts since Inauguration Day in 2017.)

…and of course, as the 2020 election process proceeds with primaries during the coming winter and spring, conventions over next summer, and general election campaigns a year from now, health care is once again poised to be a top-tier issue for voters.  Candidates are coming forth with a variety of proposals and making claims and counter-claims about them.  While we do not engage in any direct electoral work for any candidates nor recommend who people should vote for or against, we do plan to, as always, help people understand the health care issues in debate, the various candidates’ positions and records, and fundamentally “what’s at stake”, so that New Yorkers can make informed decisions when they go to vote.

Our 2019 Health Care for All Team Finishes First!

Thank you, everyone!  With your generous support, we have exceeded the goal for our 2019 Annual Dues Campaign, raising the most resources ever. 

We’re already putting all your contributions to work this fall with our “Getting Ready for 2020” initiative.  It will lay the groundwork for a variety of policies to keep moving toward comprehensive, quality, affordable health care for all during the coming legislative year, and continue to elevate universal health care as a top-tier issue for voters and helping everyone understand all the claims and counterclaims from various quarters.

We salute the following organizations and individuals for joining our 2019 Health Care for All team!

Organizations:

  • Actors Fund
  • Citizen Action of New York
  • Center for Independence of the Disabled in New York
  • Commission on the Public’s Health System in New York City
  • Committee of Interns and Residents, SEIU
  • Communications Workers of America, Local 1102
  • Communications Workers of America, Local 1180
  • Community Healthcare Network
  • Community Health Care Association of New York State
  • Community Service Society of New York
  • District Council 37 Retirees
  • District Council 1707 AFSCME
  • El Centro del Immigrante
  • Healthcare Education Project
  • Hudson Center for Health Equity and Quality
  • Housing Works
  • International Cinematographers Guild, Local 600 IATSE
  • Medicare Rights Center
  • National Association of Social Workers, New York City Chapter
  • New York City Central Labor Council
  • New York Gray Panthers
  • New York Immigration Coalition
  • New York State Nurses Association
  • New York Professional Nurses Association
  • New York Statewide Senior Action Council
  • Organization of Staff Analysts
  • Planned Parenthood of New York City
  • Primary Care Development Corporation
  • Professional Staff Congress CUNY, Local 2334 AFT
  • 1199 SEIU United Healthcare Workers East
  • Social Service Employees Union, Local 371, DC 37
  • Theatrical Protective Union, Local 1 IATSE
  • United Auto Workers, Region 9A
  • United Federation of Teachers

Individuals:

  • Richard Bergman
  • Carmelita Blake
  • Gene Carroll
  • Pat Fry
  • Pat Kane
  • Betty Kolod
  • Dave and Ronda Kotelchuck
  • Terry Mizrahi
  • Kate Pfordresher
  • Alec Prucknicki
  • Mike Rabinowitz
  • Jay Schaffner
  • Rob Spencer
  • Edwin Weber
  • Katharine Wolpe