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"Shut Up! The Government Says" - McConnell on Humana Letter

September 22, 2009 3:11 PM

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ABC’s Z. Byron Wolf reports: Democrats announced yesterday that HHS was investigating whether the insurer Humana was misleading seniors about health reform legislation. And CMS, the government entity within HHS that administers Medicare told Humana, in no uncertain terms, to cease and desist lobbying its customers on health reform legislation.

But today Republicans accused the White House and CMS of trying to implement a “gag order” on insurance companies that provide Medicare Advantage programs.

Senate Minority Leader Mitch McConnell does not normally get riled up, but he just gave an impassioned speech on the Senate floor about the gag order, Humana, and Senate Finance Committee Chairman Max Baucus, who initiated the HHS investigation. McConnell referred to Baucus only as “a colleague.”

“Using the full weight of the federal government’s enforcement powers to stifle free speech should trouble all Americans — and all of us — even more,” McConnell said. “We cannot allow government officials to target individuals or companies because they do not like what they have to say.”

“Shut up! the government says,” said McConnell on the Senate floor of the CMS letter to Humana. “Don’t communicate with your customers. Be quiet and get in line,” he said facetiously.

There are two points to remember here. Humana is based in Kentucky, so McConnell is quick to protect them. And second, he is a staunch defender of the first amendment. For instance, McConnell is the often the only Republican to vote against a flag burning amendment when it periodically arises.

In a written statement, House Minority Leader John Boehner calls a letter of rebuke from CMS Humana “outrageous” and accuses the White House of “trying to keep seniors in the dark about the consequences of congressional Democrats’ costly government-run health care bills.”

“Would the Administration impose this sort of gag order if seniors were being given information promoting the Obama health care plan?  I don’t think so,” says Boehner in the statement. “Seniors have a right to know about the cost and consequences of the Democrats’ health care bills, and Republicans will continue to tell the American people the facts about the nearly $500 billion in Medicare cuts that Democrats are proposing.”

CMS told Humana in its own letter yesterday, not to lobby its customers on the issue.

“CMS is concerned that, among other things, this information is misleading and confusing to beneficiaries, represents information to beneficiaries as official communications about the Medicare Advantage program, and is potentially contrary to federal regulations and guidance for the MA and Part D programs and other federal law, including HIPAA. As we continue our research into this issue, we are instructing you to end immediately all such mailings to beneficiaries and to remove any related materials directed to Medicare enrollees from your website,” according to a letter addressed from Teresa DeCaro, a CMS employee, to executives at Humana.

In its mailer to people enrolled in Humana Medicare Advantage programs, Humana said bills being considered in Washington include cuts to Medicare, Medicaid and Medicare Advantage programs.

Saving costs by making Medicare more efficient and cutting down on fraud in Medicaid are key sources of revenue Democrats envision paying for their health reform overhaul.

Humana admits in its letter that Medicare and Medicaid need to be run more efficiently, but adds, “if the proposed funding cut levels become law, millions of seniors and disabled individuals could lose many of the important benefits and services (emphasis theirs) that make Medicare Advantage valuable.

The insurer also entreats its members to join a “partner” program to get information from Humana about health reform and to contact their Congressman about how important Medicare Advantage is. It is that last part, lobbying, that most frustrated the Democrats.

UPDATE: There has been swift and vocal pushback to this Humana flap by Democrats. It has more to do with the assertion that healthcare bills will cut Medicare benefits than it does with the gag order.

“As indefensible as it is for insurance companies to send out propaganda for the sole purpose of scaring our nation’s seniors, those who have been paying attention shouldn’t be shocked,” said Jim Manley, spokesman for Senate Majority Leader Harry Reid.  “Insurers have spent millions of dollars to keep in place a system that is breaking the backs of American families with their skyrocketing costs and unfair practices.  It’s clear that we are closer than ever to meaningful reform because defenders of the status quo are ginning up lies and scare tactics to stand in the way of fixing our broken system.”

And the Democratic Senatorial Campaign Committee pointed out that McConnell has taken a fair bit of campaign coin (more than $112,000 over his decades-long career).

"Mitch McConnell’s full-throated defense of one of the insurance giants seeking to kill health care reform may be unseemly, but it is certainly not surprising given all the Humana money lining his coffers,” said DSCC spokesman Eric Schultz.

Most to that point is what one Democratic staffer said.

“When my car insurer sends me a notice it is about my deductible not what congress is doing. Humana has plenty of outlets to express their view of potential legislation. They hire armies of lobbyists,” said the staffer. “Finally the information they were providing was misleading - there are ZERO changes to the benefits that Medicare participants are entitled to under the law in this bill.“

The distinction here is what constitutes a cut versus a cost saving. Health reform is financed largely by Medicare and Medicaid cost savings. The government will not cut any Medicaid benefits, but they will cut how much money they pay doctors and hospitals for services, etc, potentially affecting benefits in the future.

And Medicare Advantage plans are another separate issue. These privately administered Medicare-plus other benefits plans are an alternative to the fee-for-service that seniors on normal Medicare receive. They also cost the government about 14 percent more per person.

September 22, 2009 | Permalink | Share | User Comments (52)

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Kinda sounds like Iran, now doesn't it?

Posted by: Rick McDaniel | Sep 22, 2009 3:37:05 PM

Typical Obama bullies,you can not tell the truth,just shut up and take your medicine. Too bad that's the way,Chavez may run his dictatorship,but we are not his subjects.We are citizens and have the right to hear the truth...Taking 500 Billion from Medicare will harm the program that a lot of Seniors depend on,and that is the truth,something the Democrats have a hard time acknowledging.

Posted by: Marion | Sep 22, 2009 3:37:41 PM

ahh Republicans always defending the Insurance Companies and their LIES! They better or no more Millions from them. Funny a party that was totally against Medicare and wanted to cut funding now all of a sudden cares pluuuuuuuuuuze Give me a break!

Posted by: Angie in PA | Sep 22, 2009 3:42:48 PM

So the government prefers that a private company that recieves massive government payments refrain from using an official-seeming mailing to the customers that company has, under that government contract, to alarm and agitate the populace in a fairly deliberately political way?

Well that's outrageous! Why can't they be more like James Buchanan, and just let them do "whatever" on the federal dime?

Posted by: T | Sep 22, 2009 3:45:06 PM

Seniors are a target for health insurance company's. They insinuate that they will be financially destroyed if they don't buy their insurance, or they need to have this coverage or that coverage when in truth, they take the elderly for every dime they can and fail to pay out like they promise. If there was a brain, in Washington DC, just an iota of common sense, then we would be under a single payer system and the hatred and profit making system we have in place now would not be an issue.

Posted by: brenda | Sep 22, 2009 3:45:24 PM

I've got no use for Mountain Top Removal McConnell or his Big Coal Mining loving wife Elaine. Both are a P.O.S. Bought and paid for by big business and to heck with the middle class. Remember the Utah mine disaster?? You can thanks Mitch's wife Elaine for those deaths. The McConnell's are big buddies and hid bad inspection for the mine owner. Garbage, not worth spitting on.

Posted by: Torque in Ky | Sep 22, 2009 3:48:50 PM

If the republicans are so concerned about the seniors and the mis-information that they are no doubt receiving from Humana who looking after it's profits and the Republicans think the current health system is so great; maybe the government should do away with Medicare all together. Think of the money we would save. We would truly be able to balance the budget by simply telling the elderly to stop being deadbeats looking for government handouts. Get a job you slackers! - Glen Beck

Posted by: Beck Knows Bo | Sep 22, 2009 3:50:19 PM

Kentuckians, you can do better then Mitch McConnell. He votes to fatten his pockets and to heck with you poor and middle class folks. Get rid of him, he gives your beautiful a bad name.

Posted by: Jim | Sep 22, 2009 3:52:04 PM

This administration needs to be brought to Justice for undermining the Constitution. If we the people have to do it ourselves, so be it! If the ballot does not work, then we will turn to the 2nd Ammendment!

Posted by: Anicholas | Sep 22, 2009 4:18:23 PM

Apparently someone who is supposed to represent the people of his state desided that the people he means is corporate people. He is all for free speech...as long as it's corporate free speech and as long as the truth is considered a minor point.

Posted by: KsDevil | Sep 22, 2009 4:21:19 PM

Hey Ugly McConnell, NO company that has a Financial motive has the right to do this. Just shows what these "Money Hungry, Don't Care about You or Your Mama" companies care about. McConnell TELL you "bullies" and "buddies" at Humana to tell me their lies. I'm Not Elderly.....tell 'em to pick on ME, and I bet I'm not "SCARED" of their lies. Boy, McConnell and Humana is sure trying to hold on to their "GRAVY TRAIN"
Kentucky needs to Fire this "seat warmer"

Posted by: sara | Sep 22, 2009 4:43:26 PM

Anicholas - what are you suggesting? Be careful! The Secret Service doesn't take comments such as yours lightly, and they shouldn't either.

Posted by: geecee | Sep 22, 2009 4:51:41 PM

With Regards to Health-Care,Many don't have Constructive debates about The Facts and Reality that affected millions of Americans.

What they're offering are destructive competition seeks to benefit an individual/group/organism by damaging and/or eliminating competing individuals, groups and/or organisms; it opposes the desire for mutual survival. It is "winner takes all" the rationale being that the challenge is a zero-sum game; the success of one group is dependent on the failure of the other competing groups. Destructive competition tends to promote fear, a "strike-first" mentality and embraces certain forms of trespass.

What American needs a Healthy Debates that reflected on REAL cheaper,smarter business alternatives market,NOT polital motivated market.that monopoly about the facts.

The Facts : American Needs Contructive and Real Market Competition to make Health-Care more affortable and Cheap to all Americans,If this not an option practices,then the truth all americans are at losing game on everything,Not even with a Good Policy,or Good judgement Senate or Good President can do much.

Thru my experienced working abroad,convinced me that on my agrument about the reality of Facts that Americans are at downhill of his lifes,not only on his Health-Care,but everything in life,.

Let me bring example how we are losing out to compete in real market practice,,according to director of public relations and marketing,Mr Geoff Moss,a medical tourism company set up in 2002,sends more than 3,000 patients a year overseas,"Singapore 's values proposition is medical innovation,especially stem cells,plus there are state of the art doctors and facilities 'said Mr Moss.

One is Ms Suzzane Rakow,who recently had a tumor removed at Mount Elizabeth Medical Centre,after being diagnosed with early stage breast cancer.The treatment would have cost her an estimated US100,000 in US,Her Singapore trip-including flying over,her stay and treatment costs come to just under US30,000.

"so I saved US70,000,in all she said",her time in singapore included a two week holiday in Bali during a month break between surgery and starting radiation treatment"

One reason for their confidence in seeking treatment in Asia is the stamp of Qualification these Hospitals have accured with JCI accreditation,JCI or Joint Commission International,accredits hospitals that meet the quality of care expected of good hospital in United States.All 15 Hoispital in Singapore have such credentials.WHO rated singapore on world wide standing as 6th position .while US at 37 position on Health-Care..Thats the Fact weither you like or Not!

Posted by: Jack999 | Sep 22, 2009 5:21:21 PM

So Humana gets to take billions of dollars of taxpayer money in the form of direct subsidies, then use the money to fund a publicity campagin that LIES to seniors and the disabled about proposed health care reform? How do us working folks get a deal like that?

Posted by: BBear | Sep 22, 2009 5:24:49 PM

Medicare Advantsge plans have been a God send for millions of people. It gives them healthcare protection at an affordable price. If you are disabled and under 65 health insurance is unaffordable--Medicare Advantage plans have been a blessing for those people.
If this leglislation is passed they will lose their Medicare Advantsge plans --whether it is Humana or another carrier! Are we now not able to voice our opinion on issues that are of concern to millions of people? What else can we expect to be told not to do??

Posted by: Linda Broughman | Sep 22, 2009 5:46:56 PM

Gag order, our government? Yep, the government cannot tolerate inconvenient truths getting in the way of this government controlled healthcare it wants to sell.

Whatever happened to democracy? why do we elect officials who try to sell us something? Can we trust any of them?

Let's strive to bring all the house home in 2010, replacing them with "guy next door" types that will serve a couple of terms and come back home to their life.

Guys that love babies and hate abortion. Guys that hate taxes and are smart enough to know the government can't run anything efficiently.

Guys that know the government can't change climate, only taxes.

Let's do it America, clean the house and one third of the senate!

Posted by: Ed Taylor | Sep 22, 2009 5:57:36 PM

McConnell has taken a fair bit of campaign coin (more than $112,000 over his decades-long career).

"Mitch McConnell’s full-throated defense of one of the insurance giants seeking to kill health care reform may be unseemly, but it is certainly not surprising given all the Humana money lining his coffers,”

I am in KY... and cannot stand McConnell... who is only looking out for himself... no one else... He is a highly paid lacky of the insurance industry...

Posted by: theafalcon200 | Sep 22, 2009 6:40:08 PM

How long have they known about the Charlie Rangell imporprieties? Hows the prosecutoin on that coming?

Posted by: deanbob | Sep 22, 2009 6:57:23 PM

Once again, here is the administration negating the opinion of any person who does not agree with the plan, in this case saying "...those who have been paying attention". Your Jedi mind tricks and reverse psycho babble do not convince me that I am "uninformed" or "mislead". Dear Leader, you still have plenty of explaining to do...and you just can't seem to do it, no matter how many TV appearances. Rookie

Posted by: jonec1200 | Sep 22, 2009 7:17:30 PM

Just one question.

Since WHEN does a corporation have freedom of speech?

That is a right granted to INDIVIDUALS.

I am sick and tired of corporations buying the votes in our legislature. They have the money to buy the votes (including McConnell's). Our elected officials are not representing the PEOPLE.

Posted by: savemyhealthcare | Sep 22, 2009 7:50:31 PM

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