The GOP’s Gift To Henry Waxman — Part II

Cold War era Congressman Chet Holifield wanted the federal government to finance a network of underground bomb shelters.  His successor, Henry Waxman, wanted the federal government to take over health care. Holifield failed; Waxman is still doing just fine.  [Credit: NY Times]

Cold War era Con­gress­man Chet Holifield want­ed the fed­er­al gov­ern­ment to finance a net­work of under­ground bomb shel­ters. His suc­ces­sor, Hen­ry Wax­man, want­ed the fed­er­al gov­ern­ment to take over health care. Holifield failed; Wax­man did just fine. [Cred­it: NY Times]

Chet Holifield was obsessed with The Bomb.

Dur­ing a 32-year tenure that flow­ered dur­ing the Cold War, the Los Ange­les Con­gress­man sought fed­er­al mon­ey to help Amer­i­cans sur­vive a nuclear war.  He called for “a nation­wide sys­tem of under­ground shel­ters” in which to hud­dle, safe from irra­di­at­ed debris.

Though Holifield achieved suc­cess in oth­er areas – he was known as “Mr. Atom­ic Ener­gy” for his pro­mo­tion of nuclear pow­er — he left Con­gress in 1974 with­out ful­fill­ing his sub­ter­ranean vision.

Holifield was suc­ceed­ed by a 35-year-old State Assem­bly­man who did not share his pre­oc­cu­pa­tion with nuclear war.  Hen­ry Wax­man was focused on putting the fed­er­al gov­ern­ment in con­trol of health care. Repub­li­cans who last month vot­ed to reau­tho­rize and expand some of Wax­man’s pet pro­grams can learn a good deal from his habit of plant­i­ng small pro­vi­sions in bills that yield­ed big results.

Those results con­tin­ued beyond his retire­ment at the end of the last Con­gress.  As I not­ed in my last post, the House two weeks ago over­whelm­ing­ly approved a bill that lav­ished bil­lions on com­mu­ni­ty health cen­ters, poured more mon­ey into efforts to enroll chil­dren and their par­ents in Med­ic­aid and Oba­macare, and reau­tho­rized the CHIP pro­gram despite CBO’s obser­va­tion that it would at best neg­li­gi­bly reduce the num­ber of unin­sured children.

The homage to Wax­man didn’t stop with reau­tho­riz­ing redun­dant pro­grams for chil­dren.  It also pro­duced a new enti­tle­ment pro­gram for low-income seniors.

Since 1997, states have been required to pay Medicare Part B pre­mi­ums for ben­e­fi­cia­ries with incomes between 120 and 135 per­cent of the fed­er­al pover­ty lev­el ($14,124 — $15,890), through the Med­ic­aid QI (“qual­i­fied indi­vid­ual”) pro­gram.  Con­gress lim­it­ed QI spend­ing by stip­u­lat­ing in the statute the amount the fed­er­al gov­ern­ment would spend each year on the pro­gram.  H.R. 2 changes all that, essen­tial­ly turn­ing QI into an open-end­ed enti­tle­ment pro­gram by autho­riz­ing the HHS Sec­re­tary to increase spend­ing annu­al­ly and in per­pe­tu­ity. The chart below traces the upward path of that spending.

QI funding chart for blog

Pri­or to H.R. 2, Con­gress nev­er appro­pri­at­ed more than $885 mil­lion to the pro­gram, the result of a one-time splurge cre­at­ed by the Oba­ma Administration’s “stim­u­lus bill.”  The House-passed bill allo­cates a record $980 mil­lion, then gives HHS author­i­ty to hike out­lays annu­al­ly based on pop­u­la­tion growth and increas­es in Medicare pre­mi­ums.  CBO projects that in 2025, annu­al fed­er­al QI out­lays will total $2.2 bil­lion.  In the ten-year peri­od from 2005 through 2014, the fed­er­al gov­ern­ment spent less than $5.9 bil­lion on the pro­gram; under H.R. 2, CBO esti­mates that the gov­ern­ment will spend almost that much –$5.4 bil­lion – over the next five years and a total of $14.2 bil­lion between 2015 and 2025.

As with the rest of the H.R. 2’s $30 bil­lion in new social wel­fare spend­ing, Repub­li­cans seem not to have noticed the bill’s effect on the QI pro­gram.  The QI spend­ing spree starts small, but is pro­ject­ed to grow rapid­ly and with­out lim­it, a pat­tern Hen­ry Wax­man estab­lished in a series of Med­ic­aid expan­sions that he engi­neered long ago.

When Wax­man arrived in Wash­ing­ton in ear­ly 1975, Med­ic­aid ben­e­fit­ed a lim­it­ed pop­u­la­tion.  Eli­gi­bil­i­ty depend­ed on whether an indi­vid­ual was “cat­e­gor­i­cal­ly needy” – with lit­tle income, vir­tu­al­ly no assets and qual­i­fied by age, dis­abil­i­ty or sin­gle par­ent­hood for AFDC (a cash wel­fare pro­gram) or SSI (an income sup­port pro­gram for indi­gent aged, blind and dis­abled peo­ple).   Because income alone did not make peo­ple eli­gi­ble for the pro­gram, growth in the num­ber of Med­ic­aid recip­i­ents was, to a great extent, constrained.

Wax­man began to change that in 1984.  The Demo­c­rat-con­trolled House was con­sid­er­ing major deficit reduc­tion leg­is­la­tion favored by the Rea­gan Admin­is­tra­tion. Some mod­er­ate Democ­rats sup­port­ed the leg­is­la­tion, but Wax­man argued that the White House should be forced to make some con­ces­sions to House liberals.

The con­ces­sion he sought seemed innocu­ous enough.  It required states to extend Med­ic­aid cov­er­age to cer­tain women who were preg­nant for the first time and to preschool chil­dren in two-par­ent fam­i­lies born after Sep­tem­ber 30, 1983.  These two new sym­pa­thet­ic groups of ben­e­fi­cia­ries were made eli­gi­ble for Med­ic­aid even if they were inel­i­gi­ble for cash wel­fare ben­e­fits under AFDC, although they were required to meet the program’s income and asset tests.  The link between AFDC and Med­ic­aid was bro­ken, at least for these groups, set­ting a prece­dent for fur­ther enlarge­ments of fed­er­al health care programs.

In 1986, the law was again amend­ed, again as part of a deficit reduc­tion bill.  This time, it per­mit­ted (but did not require) states to cov­er chil­dren under age 5 liv­ing in house­holds with incomes below the fed­er­al pover­ty lev­el.   For the first time, a group of indi­vid­u­als could gain Med­ic­aid cov­er­age sole­ly on the basis of house­hold income, with­out regard to their fam­i­ly’s assets or eli­gi­bil­i­ty for AFDC.

In 1989, the state option became a fed­er­al man­date in yet anoth­er deficit reduc­tion bill.  Begin­ning in that year, the fed­er­al gov­ern­ment required states to cov­er all chil­dren under age 6 in house­holds with incomes less than 100 per­cent of FPL.

A year lat­er, in the 1990 bill deficit reduc­tion bill that famous­ly saw Pres­i­dent Bush break his “no new tax­es” pledge, Con­gress went fur­ther.  It man­dat­ed that states pro­vide Med­ic­aid cov­er­age to low income chil­dren born after Sep­tem­ber 30, 1983, until their eigh­teenth birthdays.

Med­ic­aid cov­er­age had been com­plete­ly trans­formed, at least for preg­nant women and chil­dren, from a pro­gram for the cat­e­gor­i­cal­ly needy to one that cov­ered every child under 100 per­cent of FPL with­out regard to parental assets and eli­gi­bil­i­ty for oth­er income sup­port pro­grams.  The num­ber of chil­dren on Med­ic­aid increased year by year.

But the Wax­man project wasn’t yet com­plete.  In 1997, he worked for the cre­ation of the Chil­dren’s Health Insur­ance Pro­gram (CHIP), ini­tial­ly intend­ed for chil­dren under 200 per­cent of FPL.  Con­gress pro­vid­ed so much mon­ey for the new pro­gram so rapid­ly that states couldn’t find ways to spend it all.  They sought new pop­u­la­tions to cov­er.  With­in a mat­ter of years, states were obtain­ing waivers from CMS to spend “children’s” health insur­ance mon­ey on par­ents and even on child­less adults.

By the time Oba­macare was enact­ed, 24 states were cov­er­ing chil­dren liv­ing in house­holds with incomes over 250 per­cent of pover­ty.  The Kaiser Fam­i­ly Foun­da­tion esti­mat­ed that in June 2013, 33.7 mil­lion chil­dren were cov­ered under Med­ic­aid or CHIP and anoth­er 5.2 mil­lion kids were eli­gi­ble but not enrolled.  Wax­man’s grad­ual expan­sions had made near­ly 39 mil­lion of the nation’s 73.6 mil­lion chil­dren eli­gi­ble for Med­ic­aid or CHIP even before Oba­macare was implemented.

With that imple­men­ta­tion, three fed­er­al pro­grams (Med­ic­aid, CHIP and Oba­macare) com­pete with each oth­er — and employ­er-spon­sored plans — to cov­er chil­dren from low and mid­dle income house­holds.  Despite this redun­dan­cy, House con­ser­v­a­tives last month vot­ed over­whelm­ing­ly to reau­tho­rize the expir­ing CHIP pro­gram as part of a larg­er mea­sure to increase Medicare pay­ments to doctors.

Repub­li­cans who would rather have eat­en sushi from a gas sta­tion than vote for a bill to fund the Home­land Secu­ri­ty Depart­ment for a few months lined up to spend tens of bil­lions to finance a gov­ern­ment health insur­ance pro­gram of dubi­ous val­ue, turn a rel­a­tive­ly small pro­gram for low-income seniors into a cost­ly enti­tle­ment, com­mit bil­lions in new spend­ing to com­mu­ni­ty health cen­ters, and pour more resources into the government’s efforts to enroll peo­ple in Obamacare.

House con­ser­v­a­tives could sore­ly use a dose of Wax­man’s leg­isla­tive acu­men.  They pro­voke unwinnable con­fronta­tions over some bills, then inex­plic­a­bly acqui­esce in others.

Their lack of leg­isla­tive strat­e­gy may have some­thing to do with the cir­cum­stances that pro­duced the Tea Par­ty insur­gency.  It was born of well-jus­ti­fied hos­til­i­ty – to bailouts, to “stim­u­lus” spend­ing, to Oba­macare.  Now that they have pow­er in Con­gress, they seem unsure of what to do with it.  Mak­ing big changes in a short time against a deter­mined oppo­si­tion is hard­er than they’d imag­ined.  So they seem to have trans­ferred their hos­til­i­ty to their par­ty lead­ers and to the leg­isla­tive process itself.  Their odd cou­pling of ide­o­log­i­cal pas­sion with intel­lec­tu­al lazi­ness has led them to prize the defi­ant pose over the hard work of leg­isla­tive accomplishment.

That work, as Hen­ry Wax­man demon­strat­ed, requires time, per­sis­tence and a neu­rot­ic atten­tion to detail.  It rewards work­man­ship over show­man­ship, incre­men­tal change over grand ges­tures. Most Repub­li­cans who vot­ed in favor of H.R. 2 nev­er took the time to learn what was in it.  All they knew was that doc­tors back home (and Gov­er­nors eager for more fed­er­al CHIP mon­ey) were lob­by­ing for it and talk radio hosts weren’t ful­mi­nat­ing against it.  And that was enough to win their support.

Had they served in Con­gress dur­ing the 80s and 90s, they prob­a­bly would not have noticed that Wax­man was seed­ing deficit reduc­tion bills with the antecedents of Oba­macare.  That auda­cious law did not arise ex nihi­lo.  It was the prod­uct of small steps toward a fed­er­al takeover of health care, a project that has pro­gressed grad­u­al­ly but inex­orably over decades and still is not com­plete.  It is a trib­ute to Hen­ry Wax­man that the most stri­dent foes of his project vot­ed to car­ry it anoth­er small step forward.

Now that they have embraced some of Waxman’s pro­grams, per­haps Repub­li­cans might con­sid­er emu­lat­ing his approach to law­mak­ing.  The alter­na­tive is to doom the agen­da of this extra­or­di­nary con­ser­v­a­tive major­i­ty to the same fate as Chet Holifield’s nuclear catacombs.

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