In Washington, All Is Well

The faces of Congressional leaders are hardly etched with joy, but they did manage to avert a fiscal crisis, even if only for a few months. [Credit: Bloomberg]

The faces of Con­gres­sion­al lead­ers are hard­ly etched with joy, but they did man­age to avert a fis­cal cri­sis, even if only for a few months. [Cred­it: Bloomberg]

Octo­ber 16, 2013, 6:00 am

All is well in Wash­ing­ton. The gov­ern­ment is spend­ing and bor­row­ing again.

The Pres­i­dent last night signed a bill to reopen the gov­ern­ment through mid-Jan­u­ary and tem­porar­i­ly increase its bor­row­ing author­i­ty. The mea­sure that rushed through the House and Sen­ate last evening dif­fered in some crit­i­cal respects from the ten­ta­tive deal that I described in Tues­day morning’s blog. It dropped a pro­vi­sion sought by labor unions that would have delayed an assess­ment on every­one with group health insur­ance cov­er­age, but includ­ed a watered-down ver­sion of Repub­li­can-backed lan­guage to require the gov­ern­ment to be more care­ful in deter­min­ing eli­gi­bil­i­ty for Med­ic­aid and new health insur­ance subsidies.

The income ver­i­fi­ca­tion pro­vi­sion, nev­er real­ly work­able in its orig­i­nal form, now mere­ly requires HHS Sec­re­tary Kath­leen Sebe­lius to “cer­ti­fy to the Con­gress that the exchanges ver­i­fy eli­gi­bil­i­ty [for Med­ic­aid and pre­mi­um sub­si­dies] con­sis­tent with the require­ments” of the Oba­macare law. Since Sec­re­tary Sebe­lius already claims to be com­ply­ing with that law, it is hard to see how this new stip­u­la­tion will have any real effect.

The orig­i­nal ver­sion would have pro­hib­it­ed the gov­ern­ment from pay­ing out any sub­si­dies until the HHS Inspec­tor Gen­er­al deter­mined that the depart­ment had “in place a pro­gram that suc­cess­ful­ly and con­sis­tent­ly ver­i­fies … the house­hold income” of applicants.

Such a cer­ti­fi­ca­tion, though much stronger than what was enact­ed, would have had few real world impli­ca­tions. The exchanges are strug­gling to exe­cute their most rudi­men­ta­ry task: enrolling peo­ple in health insur­ance cov­er­age. The Delaware State News ear­li­er this week recount­ed the sto­ry of Jan­ice Bak­er, a 59-year old dog ken­nel own­er who report­ed­ly became the state’s first Oba­macare enrollee. Bak­er, who is hap­py with her new cov­er­age, spent a total of 7 hours to com­plete the process. That includ­ed two attempts to enroll online from her home com­put­er and two 90-minute con­ver­sa­tions with online assis­tance, both of which end­ed in the gov­ern­ment representative’s com­put­er crash­ing. It requires enor­mous faith in gov­ern­ment com­pe­tence to believe that the exchanges can man­age the addi­tion­al bur­den of metic­u­lous­ly doc­u­ment­ing each applicant’s eli­gi­bil­i­ty for subsidies.

The $63 annu­al assess­ment on the rough­ly 159 mil­lion peo­ple who are cov­ered under employ­er-spon­sored plans will go for­ward on Jan­u­ary 1, despite a vig­or­ous effort by labor unions to have it delayed. The assess­ment will raise $10 bil­lion from peo­ple who do not get cov­er­age through the new exchanges to sub­si­dize the cov­er­age of the esti­mat­ed 7 mil­lion peo­ple who will.

That $10 bil­lion is a crit­i­cal life­line for insur­ers who have agreed to sell through the exchanges. When I wrote on Tues­day, press accounts were unclear on whether Sen­a­tors had ten­ta­tive­ly agreed to put off that $10 bil­lion pay­ment, some­thing that would have dealt a seri­ous blow to the suc­cess of the new health insur­ance exchanges. As it lat­er turned out, they had only agreed to post­pone the $63 assess­ment, allow­ing health insur­ers that sell through the exchanges to get their $10 bil­lion any­way. Trea­sury would sim­ply have bor­rowed the mon­ey, increas­ing next year’s deficit by $10 bil­lion. The pro­vi­sion, in any event, did not survive.

The imme­di­ate cri­sis avert­ed, Con­gres­sion­al Repub­li­cans will now seek to recov­er from their self-inflict­ed wounds. Their ill-con­ceived strat­e­gy of seek­ing to “defund” Oba­macare pro­duced only a require­ment that the HHS Sec­re­tary, in dol­ing out hun­dreds of bil­lions of dol­lars in gov­ern­ment health care sub­si­dies, pledge to adhere to the very law that Repub­li­cans had set out to scuttle.

For the Pres­i­dent, this is what pass­es for vic­to­ry: the gov­ern­ment will reopen for three months and can con­tin­ue bor­row­ing at least through ear­ly Feb­ru­ary and prob­a­bly until some­time in March. Hard­ly the stuff of his­to­ry, but giv­en his stum­bles this year on gun con­trol, immi­gra­tion, scan­dals at the NSA and IRS, the inaus­pi­cious launch of the new health care law, and his on-again, off-again threat to bomb Syr­ia, this marks the high point of his sec­ond term. Call it the soft big­otry of low expectations.

Mean­while, House and Sen­ate bud­get nego­tia­tors will spend the next cou­ple of months seek­ing an accord that would pro­vide sta­bil­i­ty and order to the government’s fis­cal affairs.

One can only wish them godspeed.