The Empty Independent Payment Advisory Board -- Day Lee Briefing 8/20/2012

Aug 20, 2012

From the Senator’s Desk

Courtesy of the Republican staff of the Joint Economic Committee:

Speaking on Fox News Sunday yesterday, Robert Gibbs was challenged about the composition of Obamacare’s Independent Payment Advisory Board, or IPAB.  He said that the IPAB would be composed of “medical professionals. They are people that we trust to make medical decisions.”

Actually, that statement is FALSE.  Obamacare specifically states that practicing medical professionals may NOT comprise the majority of the IPAB’s membership – meaning economists and other potential bean-counters will by definition maintain a majority voting share on the board.  Here’s the specific language from page 423 of the statute (emphasis mine):

(iii) MAJORITY NONPROVIDERS.—Individuals who are directly involved in the provision or management of the delivery of items and services covered under this title shall not constitute a majority of the appointed membership of the Board.

Of course, if Gibbs – and by extension the Obama campaign – want to argue that the IPAB’s members will be thoroughly respected, then President Obama could actually follow the law and appoint IPAB nominees.  According to page 426 of the statute, the law appropriates funds for IPAB (originally $15 million, but lowered to $5 million last December) “for fiscal year 2012” – that’s the fiscal year ending this September 30.  So Obamacare contemplates IPAB being up and running NOW – yet President Obama has failed to nominate any appointees to the board.  If the President wants to save Medicare so badly – and IPAB is so critical to saving Medicare – what’s he waiting for?  And if IPAB is so innocuous and won’t harm seniors, why is he waiting until AFTER his re-election campaign to announce who he wants to put on the board?

Given the massive powers of the IPAB officials – the rulings of these bureaucrats will be exempt from both administrative AND judicial review – there’s a good government argument to be made that the American people should have full knowledge of who these powerful people will be BEFORE they make their choice in November.  Of course, given this Administration’s history of radical appointees – i.e., Donald “Rationing with Our Eyes Open” Berwick – it’s entirely likely that the Administration does NOT want to tell the American people exactly who will be supervising the Medicare program under IPAB’s new world order.

 

On Twitter

SenMikeLee

The last time the Senate's Democrat majority passed a budget, the iPad did not yet exist: http://youtu.be/2fMfwDm6w18 

SenLeeComs

Obama talking about reducing the deficit and debt. *shakes head* His own budget ADDS $11 trillion to the debt.
 

SenLeePressSec

RELEASE: @SenMikeLee pleased Verizon-Spectrum Co will be approved http://bit.ly/MCuUdi  #utpol #judiciary

SenLeeResearch

@kc135guy Thanks, that's some great info. We keep a close eye on the #Fed and support significant monetary reform: http://bit.ly/I2ytVG

 

Around the Water Cooler 

Summertime blues for drivers: Gas at August record

You may pay more than ever for a late-summer drive.

U.S. drivers paid an average of $3.72 per gallon on Monday. That's the highest price ever on this date, according to auto club AAA, a shade above the $3.717 average on Aug. 20, 2008. A year ago, the average was $3.578.
 

Study: Red states more charitable

Red states give more money to charity than blue states, according to a new study on Monday.

The eight states with residents who gave the highest share of their income to charity supported Sen. John McCain in 2008, while the seven states with the least generous residents went for President Barack Obama, the Chronicle of Philanthropy found in its new survey of tax data from the IRS for 2008.

Lee Pleased Verizon-Spectrum Co Will Be Approved

Aug 17, 2012

WASHINGTON—Senator Mike Lee (R-UT), ranking member of the Senate Judiciary Committee’s Antitrust, Competition Policy, and Consumer Rights subcommittee, today released the following statement in regards to the Department of Justice’s approval of agreements between Verizon, Comcast, and three other cable companies:

"Vigorous competition is essential to consumer welfare in the wireless and cable markets.  I'm pleased that the Verizon-Spectrum Co transaction is moving forward.  As my letter to the FCC and DOJ outlined, I believe this deal is primarily procompetitive and will benefit consumers by putting previously fallow spectrum to efficient use, expanding consumer choice through the introduction of a new bundled offering, and spurring innovation in the development of new technologies and products."

Communications Director
Brian Phillips
Brian_Phillips@lee.senate.gov
202-224-5444

Press Secretary
Emily Bennion
Emily_Bennion@lee.senate.gov
202-224-3904

Spending Medicare Savings -- Day Lee Briefing 8/16/2012

Aug 16, 2012

From the Senator’s Desk

Courtesy of the Republican staff of the Joint Economic Committee: 

Politifact this afternoon issued a “ruling” calling Mostly False a statement that Obamacare utilized Medicare funds to pay for its coverage expansions.  The Politifact piece claims – correctly – that other Presidents have signed laws reducing Medicare spending, and that therefore claims about Obamacare’s impact on Medicare are overblown.  However, there’s a BIG difference between those prior laws and Obamacare – Obamacare used Medicare savings to pay for more government spending.  On that count, there is near universal agreement that’s exactly what the law did:

 

·         The non-partisan Congressional Budget Office said that the Medicare reductions in Obamacare “will not enhance the ability of the government to pay for future Medicare benefits” – because those savings will be used to fund other unsustainable entitlements.  If Democrats want to use the Medicare savings provisions to extend the life of the Medicare trust fund – and not to fund the new entitlements created by the law – the Congressional Budget Office previously estimated what the fiscal impact would be:  “A net increase in federal deficits of $260 billion” through 2019.

·         Likewise, the Medicare actuary has written that the Medicare provisions in the law “cannot be simultaneously used to finance other Federal outlays (such as the coverage expansions under the PPACA) and to extend the [Medicare] trust fund, despite the appearance of this result from the respective accounting conventions.”

·         Back in November, even Nancy Pelosi admitted that Democrats “took a half a trillion dollars out of Medicare in [Obamacare], the health care bill” to pay for more federal spending.  

 

President Obama himself admitted the problems with Obamacare’s supposed logic in a 2010 interview, when he stated that “You can’t say that you are saving on Medicare and then spending the money twice.”  Yet that’s EXACTLY what the law did – and no amount of spin can change that fact.

 

On Twitter

SenMikeLee

The last time the Senate's Democrat majority passed a budget, the iPad did not yet exist: http://youtu.be/2fMfwDm6w18 

 

SenLeeComs

GOP Budget leaders say lack of Senate budget a failure of 'moral leadership' http://ow.ly/cSUYu  @BudgetGOP #3YearsNoBudget

 

SenLeePressSec

Working from our SLC office today! If I worked here permanently, I fear all of my money would be spent at City Creek during lunch breaks.

 

SenLeeResearch

@kc135guy Thanks, that's some great info. We keep a close eye on the #Fed and support significant monetary reform: http://bit.ly/I2ytVG

 

Around the Water Cooler 

US government’s foreign debt hits record $5.29 trillion

The money the U.S. government owes to foreign entities rose to a record $5.2923 trillion in June, according to data released by the U.S. Treasury Wednesday afternoon.

ObamaCare's Deals with Big Pharma -- Day Lee Briefing 8/15/2012

Aug 15, 2012

From the Senator’s Desk

Courtesy of the Republican staff of the Joint Economic Committee:

The Hill reports this afternoon that several major pharmacies “will promote [Obamacare]…to seniors,” providing brochures about all the law’s supposed new benefits.  In a conference call announcing the program, CMS Acting Administrator Marilyn Tavenner refused to give a straight answer to the question about whether the pharmacies came up with the idea for the program, or the Administration proposed it – strongly suggesting that the Obama Administration proposed this idea to pharmacies as yet another propaganda effort to win support for their unpopular law

One unanswered question remains: Will these pharmacies also educate seniors about the law’s cuts to Medicare Advantage – which will cut enrollment in Medicare Advantage in half and reduce plan choices by two-thirds?  Or does the Administration’s call for seniors to be able to “make informed healthcare decisions” only apply to the information the Administration wants seniors to see?

It’s perhaps not surprising that pharmacies would look to advertise Big Pharma’s “rock-solid deal” struck behind closed doors with President Obama – after all, pharmacies have the same financial incentives to sell more brand-name prescriptions that Big Pharma companies do.  However, the more than 17 million seniors participating in Medicare Part D who are facing higher premiums thanks to this “rock-solid deal” may not be so happy.

 

On Twitter

SenMikeLee

This article does a good job explaining my opposition to the UN's disability convention: http://ow.ly/cNANP 

 

SenLeeComs

Axelrod v. Cutter on Medicare http://ow.ly/cYd3k  Romney's "lying" but Cutter said the same thing

 

SenLeePressSec

Just arrived in beautiful Salt Lake City! So good to be back! #Utah

 

SenLeeResearch

How #ObamaCare creates incentives for employers to stop expanding and stop hiring: http://on.wsj.com/MSRYWa  #jobs#unemployment #tcot #tlot

 

Around the Water Cooler 

More than a million work in tax prep

Up to 1.2 million tax preparers make a living navigating the labyrinth US tax code for taxpayers. We have more professional tax preparers in the United States than law enforcement officers (765,000) and professional firefighters (310,400) combined.

 

Economic recovery is weakest since WWII

The recession that ended three years ago this summer has been followed by the feeblest economic recovery since the Great Depression.

The Democrats' "Plan" for Medicare -- Day Lee Briefing 8/14/2012

Aug 14, 2012

From the Senator’s Desk

Courtesy of the Republican staff of the Joint Economic Committee:

Ezra Klein has a post this afternoon in which he claims that Democrats have a plan to reform Medicare, but that this plan is fundamentally different from the vision conservatives have put forward.  To which only two questions show the incomplete nature of Democrats’ supposed “plan:”

1.     How does the Democrat plan deal with changing demographics?  As we previously noted, CBO has estimated that changing demographics represent at least half, and up to three-quarters, of the shortfall in entitlement programs over the coming generation.  What this analysis means is that, even if the growth of health costs does manage to slow (and both CBO and the Medicare actuary think Obamacare’s cost reductions will not be sustainable in the long-term), slowing health costs alone won’t solve Medicare’s financial problems

(Spending growth chart)

The House Republican budget addresses the demographic bulge in part by raising the Medicare retirement age for future generations.  How does the President propose to address this issue?  He doesn’t – he has consistently ducked it.  Does he want to raise taxes (again) to address the demographic concerns?  He won’t say.  Will the President agree to raise the retirement age?  Maybe – but he hasn’t said so publicly, and he most likely won’t before November 6.  So the President’s views on how to address the “Baby Boom bulge” are unclear – because he has avoided these issues for political gain.

2.       Where are the IPAB nominees?  Klein’s post admits that the “most famous” way the President would reduce Medicare costs is through the Independent Payment Advisory Board (IPAB).  Klein also notes that the President has proposed “expanding IPAB’s mandate such that it can change Medicare’s benefit package” and lowering Medicare’s overall growth rate.  But here’s the interesting thing:  According to page 426 of the statute, the law appropriates funds for IPAB (originally $15 million, but lowered to $5 million last December) “for fiscal year 2012” – that’s the fiscal year ending this September 30.  So Obamacare contemplates IPAB being up and running NOW – yet President Obama has failed to nominate any appointees to the board.  If the President wants to save Medicare so badly – and IPAB is so critical to saving Medicare – what’s he waiting for?  And if IPAB is so innocuous and won’t harm seniors, why is he waiting until AFTER his re-election campaign to announce who he wants to put on the board? 

Klein would probably argue that conservatives will oppose whomever the President nominates, so there’s no point in the President putting forward appointees now who are going to get attacked.  But it’s more than a tad hypocritical for Democrats to be gleeful about running “Mediscare” attack ads against conservatives – only for these same Democrats to claim they can’t put forward IPAB nominees whose records will be subject to similar public scrutiny.  And given the massive powers of the IPAB officials – the rulings of these bureaucrats will be exempt from both administrative AND judicial review – there’s a good government argument to be made that the American people should have full knowledge of who these powerful people will be BEFORE they make their choice in November.

When it comes to both the demographic challenges facing Medicare, and the specific IPAB officials who will implement the lynchpin of Obamacare’s plan to lower costs, President Obama has failed to offer any specifics or any vision – meaning that even under favorable circumstances, the best grade one can offer for the President’s Medicare “plan” is an Incomplete.

 

On Twitter

SenMikeLee

This article does a good job explaining my opposition to the UN's disability convention: http://ow.ly/cNANP 
 

SenLeeComs

GOP Budget leaders say lack of Senate budget a failure of 'moral leadership' http://ow.ly/cSUYu  @BudgetGOP #3YearsNoBudget

SenLeePressSec

Lee: One year ago the S&P downgraded the US credit rating. Cut, Cap, and Balance would have preserved the AAA ratinghttp://on.fb.me/gICihR 

SenLeeResearch

How #ObamaCare creates incentives for employers to stop expanding and stop hiring: http://on.wsj.com/MSRYWa  #jobs#unemployment #tcot #tlot

 

Around the Water Cooler

Social Security surplus dwarfed by future deficit

As millions of baby boomers flood Social Security with applications for benefits, the program's $2.7 trillion surplus is starting to look small.
 

Investors prepare for euro collapse

Otmar Issing is looking a bit tired. The former chief economist at the European Central Bank (ECB) is sitting on a barstool in a room adjoining the Frankfurt Stock Exchange. He resembles a father whose troubled teenager has fallen in with the wrong crowd. Issing is just about to explain again all the things that have gone wrong with the euro, and why the current, as yet unsuccessful efforts to save the European common currency are cause for grave concern.

Backroom Negotiations -- Day Lee Briefing 8/13/2012

Aug 13, 2012

Today’s Agenda

Today, Senator Lee will be a guest on KSL Radio at 9:45 AM EDT (7:45 MDT).

 

From the Senator’s Desk

Courtesy of the Republican staff of the Joint Economic Committee:

Politico Pro reports this afternoon (subscription required) that the Administration and outside groups have begun a series of backroom discussions regarding long-term care and the CLASS Act.  Among the topics being discussed – how to enact something similar to a participation mandate.  One participant said “there have been discussions about incentivizing enrollment in ways that would ‘come close enough to mimicking a mandate.’”  One way could involve taxing all Americans who do not participate in CLASS – a policy the Supreme Court upheld as constitutional not two months ago.

This movement towards a de facto CLASS mandate is entirely predictable – in fact, was predicted – once HHS admitted the program could not be made solvent without a mandate.  After all, Peter Orszag, the former Obama Administration budget director, first referenced the idea of mandatory participation in CLASS last summer; other liberal bloggers have agreed.  The Justice Department likewise conceded in a Pennsylvania courtroom that mandatory long-term care insurance would be constitutional.  And now, mere months after the Supreme Court upheld Obamacare’s individual mandate as a tax – forcing all Americans to purchase a product for the first time ever – the Obama Administration is already wondering how close it can come to enacting yet another purchase mandate on the American people.

It’s also worth noting the “closely guarded” nature of these secret negotiations, and the fact that most participants won’t even say who’s in the (back)room:

Participants wouldn’t discuss which federal officials have attended the meetings.  HHS did not respond to a request for comment by deadline….[One participant] declined to say whether federal officials have joined in the discussions.  Other group members POLITICO spoke with also declined to say who’s participating, citing directions…

Negotiations on C-SPAN, it ain’t, that’s for sure.  But one thing is fairly certain: If HHS is conducting secret backroom discussions, and not telling Republicans, let alone the public, about them, you can practically bet the policy the Administration will try to ram down Congress’ throats – or implement unilaterally – will be government-centered, and far from bipartisan.

 

On Twitter

SenMikeLee

This article does a good job explaining my opposition to the UN's disability convention: http://ow.ly/cNANP 

SenLeeComs

If Ryan plan is "radical", but passed House twice and got 40+ votes in Senate, what does that makes O's budget w/ 0 votes in 2 years?
 

SenLeePressSec

No surprise here! Gallup poll reveals #Utah poised to be the best state to live. @SenMikeLee shares reaction: http://politi.co/RkkPSm  #utpol

SenLeeResearch

How #ObamaCare creates incentives for employers to stop expanding and stop hiring: http://on.wsj.com/MSRYWa  #jobs#unemployment #tcot #tlot

 

Around the Water Cooler

House files suit against Holder over govn’t records

The Republican-run House has asked a federal court to enforce a subpoena against Attorney General Eric Holder. The subpoena demands that Holder produce records related to a bungled gun-tracking operation known as Operation Fast and Furious.
 

Greece sinks again, more cuts to save bailout in store

Greece's economy shrank 6.2 percent on an annual basis in the second quarter, a slump that is expected to persist as the government scrambles to nail down billions in additional cuts to keep international bailout funds flowing.

Senators Introduce Bipartisan Pay for Printing Act

Aug 3, 2012

This bipartisan legislation simply requires senators to take responsibility for paying for the cost of printing these symbolic resolutions out of their own office budgets.

KOHL, LEE OUTLINE ANALYSIS OF UNIVERSAL-EMI MERGER IN LETTER TO FTC

Aug 3, 2012

WASHINGTON – U.S. Senators Herb Kohl (D-WI) and Mike Lee (R-UT), chairman and ranking member of the Senate Antitrust, Competition Policy and Consumer Rights Subcommittee, today outlined their analysis of the pending acquisition of EMI Group by Universal Music Group in a letter to the chairman of the Federal Trade Commission (FTC), which is currently reviewing the merger.  The subcommittee convened a hearing on June 21, 2012 to consider the sale of EMI’s recorded music business to Universal, and its impact on competition, artists, and consumers.
 
“This letter summarizes the findings of our investigation into this transaction. In brief, without reaching any final judgment as to the legality of the deal under the antitrust laws, we believe this proposed acquisition presents significant competition issues that merit careful FTC review to ensure that the transaction is not likely to cause substantial harm to competition in the affected markets.  In the course of this review, we also urge the Commission to be mindful of the changes in the music industry in the last decade, particularly the shift to online distribution as the preferred way consumers purchase music,” the Senators wrote.

Perverse Incentives of Obamacare -- Day Lee Briefing 8/02/2012

Aug 2, 2012

These are the effects of just one of Obamacare’s more than trillion-dollars in new taxes. With job creators openly admitting that the law’s perverse incentives are discouraging them from hiring, it’s obvious that the economy will not fully recover from its current downturn unless and until Obamacare is fully repealed.

It Worked? -- Day Lee Briefing 8/01/2012

Aug 1, 2012

Today’s Agenda

Today, Senator Lee will meet with representatives of the Western Energy Alliance. He will also host a Jell-O bar for office visitors at 3:30 PM EDT (1:30 MDT).

 

From the Senator’s Desk

On Twitter

Around the Water Cooler

The new minority: Millions of long-term unemployed looking for hope

Joe Carbone can't sleep — and the odd thing is, he deals in hope. Carbone is the President and CEO of The WorkPlace, Inc., a non-profit workforce and economic development organization in Bridgeport, Conn. He developed an experimental program to help the long-term unemployed that was recently featured on "60 Minutes."

 

Eurozone unemployment hits record high, while Mario Monti sees ‘light at end of tunnel’

EU data agency Eurostat said the seasonally-adjusted rate was the same as an upwardly-revised May toll but noted another 123,000 people lost their jobs going into the European summer, bringing the total to nearly 18m, more than 2m up on a year earlier.

 

Looking Ahead

Tomorrow, Senator Lee will meet with Lt. Gen. Bruce Litchfield of the Air Force.