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Here is what I hope to be a comprehensive rundown of the state of the public option in the health reform legislative process:
1. Quick process overview
Here is the current process that the Democratic leadership is attempting:
- Senate convinces House they have the votes to pass a reconciliation "fix" to the Senate health reform bill
- The House will pass the Senate health reform bill by March 18th
- President Obama signs Senate health reform bill into law
- House then passes reconciliation bill to "fix" that bill
- Senate passes that reconciliation bill
- President Obama signs reconciliation bill into law before April 4th
The Senate appears to have convinced the House, thus completing step one. The two main indications of this are that 51 Senators, including Robert Byrd, are publicly open to using reconciliation to finish health reform. The second is that the House has nearly finished drafting a reconciliation bill, indicating that they have been convinced by the Senate. Pelosi, yesterday:
Earlier today, outside of a caucus meeting, Pelosi said Democrats had already drafted much of a reconciliation bill, meant to amend the Senate package, and sent "a bunch" of its legislative language to CBO.
Given all of the various meetings that are taking place between President Obama and members of the House, every indication is that we are onto steps two and four, rounding up the votes for the Senate health bill in the House, and working on passing a reconciliation bill through the House.
2. Senate will not add a public option to House reconciliation bill
Tom Harkin has stated that if the House passes a reconciliation bill that lacks a public option, the Senate will not add one:
"If we have a bill sent to us from the House that does not have the public option here, if we were to add it here, it would sink the whole bill," Harkin said.
As such, in order for a new public option program to pass as part of health reform, it must be in the reconciliation bill that the House passes.
3. Pelosi isn't putting a public option in the House bill
On Sunday, Speaker Nancy Pelosi said that the public option was not currently on the table (emphasis mine):
Speaker Nancy Pelosi (D-Calif.) predicted Sunday that she would find the votes to pass a health care overhaul and said Democrats had already made major concessions to Republicans, including ditching the public insurance option.
"A year later, we're closer to what Republicans were suggesting at that time, an exchange and not a public option," she said on CNN's "State of the Union."
Pelosi said, "There is no public option on the table now."
This can only be taken to mean that the reconciliation "fix" to the Senate bill that the House is currently drafting does not contain a public option. As such, the only way that one ends up in the bill is if someone other than the leadership proves that there are 217 votes for it in the House, and 50 votes for it in the Senate. The leadership is not going to push for it on their own.
4. Outside groups haven't proven the votes are there--yet
An optimistic view right now would be that the House has the votes for a public option in the reconciliation fix bill, but the Senate does not. President Obama reinforced this view yesterday, telling House Progressives that the Senate, rather than the House, does not have the votes.
In terms of rounding up the votes in the Senate, Whipcongress.com currently lists 35 supporters of passing a public option through reconciliation. The Open Left whip count shows 37 supporters, with 4 possible supporters, for a maximum for 41.
So, even in the most optimistic view, outside groups are still 9 votes short of proving the Senate has enough votes to pass a new public option program through reconciliation. As such, if there is going to be a new public option program in the health insurance exchanges, outside groups have at most two weeks to prove that the votes exist in the Senate.
That is some time, but not a lot. It you want to help round up those votes, click here.
5. The public options already in the Senate bill
Even as we continue to work to expand the health options in health reform legislation, it is very, very important to remember that the Senate bill does contain expansions of public health insurance and of public health care. It is simply false to say that there is no expansion of public health insurance or public health care in the Senate bill:
Is this as many people who can, and should be covered by public health insurance and public health care? Of course not. However, it also shows that it is patently false to claim that there are no public options in the Senate health bill, and that progressives received nothing for their advocacy and efforts.
Now, with all that said, let's keep working to expand the public options in the bill even more. Head over to whipcongress.com today, and contact an uncommitted Senator.
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