1 00:00:00,160 --> 00:00:04,480 Speaker 1: The Senate Republican healthcare bill, drafted in secret, was unveiled yesterday. 2 00:00:04,760 --> 00:00:07,360 Speaker 1: The bill includes sharp cuts to Medicaid for the poor 3 00:00:07,360 --> 00:00:11,639 Speaker 1: and disabled, eliminates Obamacare's taxes on the wealthy, insurers, and others, 4 00:00:11,920 --> 00:00:16,240 Speaker 1: and would repeal Obamacare's mandate that most Americans have health insurance. 5 00:00:16,560 --> 00:00:20,280 Speaker 1: Here are reactions from Senate Majority Leader Mitch McConnell, Independent 6 00:00:20,320 --> 00:00:24,600 Speaker 1: Senator Bernie Sanders, and Republican Senator Rand Paul. We agreed 7 00:00:24,640 --> 00:00:27,760 Speaker 1: on the need to free Americans from Obamacare's mandates, and 8 00:00:27,840 --> 00:00:32,159 Speaker 1: policies contained in the discussion draft will repeal the individual mandate, 9 00:00:32,520 --> 00:00:35,400 Speaker 1: so Americans are no longer forced to buy insurance they 10 00:00:35,440 --> 00:00:40,960 Speaker 1: don't need or can't afford. This is barbaric, Frankly, this 11 00:00:41,040 --> 00:00:44,640 Speaker 1: is what oligarchy is all about. It's the wealthy and 12 00:00:44,720 --> 00:00:48,640 Speaker 1: powerful saying we need even more tax breaks despite the 13 00:00:48,640 --> 00:00:51,480 Speaker 1: fact they're doing phenomenally well, and if it means people 14 00:00:51,479 --> 00:00:54,560 Speaker 1: in America dying, if it needs throwing twenty three million 15 00:00:54,560 --> 00:00:57,960 Speaker 1: people off of health insurance. As we look at the 16 00:00:57,960 --> 00:01:00,720 Speaker 1: expense of the BILM, we actually believe in the first 17 00:01:00,800 --> 00:01:04,000 Speaker 1: year or two that it may well cost more than Obamacare. 18 00:01:04,880 --> 00:01:07,440 Speaker 1: The hardest hit are likely to be low income families 19 00:01:07,480 --> 00:01:10,120 Speaker 1: and seniors, but the bill will deliver tax cuts to 20 00:01:10,160 --> 00:01:13,959 Speaker 1: the wealthiest Americans. My guests are Timothy jaws To, professor 21 00:01:14,000 --> 00:01:17,440 Speaker 1: at Washington and Lee University Law School, and Abbey gluck Of, 22 00:01:17,480 --> 00:01:21,559 Speaker 1: professor at Yale University Law School. Tim what stands out 23 00:01:21,600 --> 00:01:25,560 Speaker 1: to you in this Senate healthcare bill, Well, I think 24 00:01:25,600 --> 00:01:27,920 Speaker 1: precisely what we've been hearing about for the last couple 25 00:01:27,959 --> 00:01:32,319 Speaker 1: of minutes, which is that it includes massive tax cuts 26 00:01:32,480 --> 00:01:38,920 Speaker 1: for wealthy Americans and for corporations, particularly people earning more 27 00:01:39,000 --> 00:01:42,440 Speaker 1: than a quarter of a million dollars a year. Uh, 28 00:01:42,560 --> 00:01:46,560 Speaker 1: it's going to cut back on federal support for the 29 00:01:46,600 --> 00:01:51,040 Speaker 1: Medicaid program and phase out coverage under the Medicaid expansions 30 00:01:51,080 --> 00:01:57,360 Speaker 1: in many states. And although it is a little bit 31 00:01:57,400 --> 00:02:00,760 Speaker 1: more generous arguably than the House bill with respect to 32 00:02:00,800 --> 00:02:05,840 Speaker 1: the premium tax credits for lower income people, UM, it 33 00:02:06,080 --> 00:02:10,440 Speaker 1: is going to um that the tax credits are going 34 00:02:10,480 --> 00:02:14,240 Speaker 1: to purchase only that will be key to plans with 35 00:02:14,520 --> 00:02:16,880 Speaker 1: very very high deductibles and cost sharing that will be 36 00:02:16,919 --> 00:02:21,720 Speaker 1: almost useless to low income people. And finally, it would 37 00:02:21,800 --> 00:02:25,720 Speaker 1: allow states to waive UM some of the most important 38 00:02:25,720 --> 00:02:28,480 Speaker 1: protections under the Affordable Care Act. So it is a 39 00:02:28,600 --> 00:02:32,840 Speaker 1: very serious step backward from the Affordable Care Act. Abby. 40 00:02:32,960 --> 00:02:36,640 Speaker 1: What's your take? Um, You know, enterprisingly, I agree agree 41 00:02:36,680 --> 00:02:38,240 Speaker 1: with much of what Tim said, but I would just 42 00:02:38,280 --> 00:02:40,880 Speaker 1: add to additional points. Uh. One point I would say 43 00:02:40,919 --> 00:02:43,600 Speaker 1: is that this bill does not actually do anything to 44 00:02:43,639 --> 00:02:47,079 Speaker 1: resolve what the Republicans said the problems with Obamacare were 45 00:02:47,120 --> 00:02:49,320 Speaker 1: in the first place. So they said they were coming 46 00:02:49,360 --> 00:02:52,440 Speaker 1: in to reduce out of pocket costs for consumers and 47 00:02:52,480 --> 00:02:56,200 Speaker 1: stabilize the insurance market. And this bill is almost certain 48 00:02:56,280 --> 00:02:59,360 Speaker 1: to do the opposite, worsen our out of pocket costs, 49 00:02:59,680 --> 00:03:02,080 Speaker 1: not to for the poor, very importantly for the average 50 00:03:02,120 --> 00:03:05,200 Speaker 1: middle class American, and also continue to be stabilized the 51 00:03:05,240 --> 00:03:07,160 Speaker 1: insurance market. And the other thing I would just point 52 00:03:07,200 --> 00:03:10,119 Speaker 1: out that people and some people understand, is that it's 53 00:03:10,120 --> 00:03:11,680 Speaker 1: sort of a joke to say that this is a 54 00:03:11,720 --> 00:03:15,400 Speaker 1: repeal of Obamacare, because although it guts the provisions of 55 00:03:15,440 --> 00:03:18,160 Speaker 1: Obamacare and is stingy and will wind up in a 56 00:03:18,240 --> 00:03:21,679 Speaker 1: much less a much less effective version of Obamacare, it 57 00:03:21,800 --> 00:03:26,400 Speaker 1: actually keeps in place some of the things that Obamacare initiated, 58 00:03:26,480 --> 00:03:29,359 Speaker 1: most particularly the reforms on the insurance industry that now 59 00:03:29,400 --> 00:03:33,320 Speaker 1: require insurers to ensure all of us are essentially equal prices. 60 00:03:33,360 --> 00:03:35,960 Speaker 1: So in some ways it's actually a testament to how 61 00:03:36,000 --> 00:03:39,400 Speaker 1: many people actually like some of the innovations of Obamacare, 62 00:03:39,680 --> 00:03:41,480 Speaker 1: and the Senate Republicans are trying to kind of have 63 00:03:41,560 --> 00:03:43,320 Speaker 1: it both ways, to try to keep the things that 64 00:03:43,360 --> 00:03:45,400 Speaker 1: are popular, but they also want to say they did 65 00:03:45,400 --> 00:03:47,560 Speaker 1: something different, and the result is a bill that's just 66 00:03:47,640 --> 00:03:50,760 Speaker 1: going to be the worst of every world. Tim what 67 00:03:50,880 --> 00:03:54,280 Speaker 1: if that older people in this this would allow insurers 68 00:03:54,320 --> 00:03:58,040 Speaker 1: to charge older people five times as much as younger people. 69 00:03:58,640 --> 00:04:02,880 Speaker 1: The limit now is times? How how many how do 70 00:04:02,880 --> 00:04:06,800 Speaker 1: you have an idea, how how many people that might affect? Well? 71 00:04:06,840 --> 00:04:12,360 Speaker 1: That is correct? The House bill UM I believe that 72 00:04:12,480 --> 00:04:17,880 Speaker 1: the Office of the Actuary of CMS said that it 73 00:04:17,880 --> 00:04:21,000 Speaker 1: would lead to about eight hundred thousand people over fifty 74 00:04:21,680 --> 00:04:27,360 Speaker 1: losing coverage, But it would also lead to many people 75 00:04:28,839 --> 00:04:31,839 Speaker 1: over fifty paining a whole lot more than their pain now. 76 00:04:32,520 --> 00:04:40,039 Speaker 1: The UH Senate Bill um UH modifies the formulas that 77 00:04:40,080 --> 00:04:43,760 Speaker 1: are currently used under the Affordable Care Act. Currently, a 78 00:04:43,839 --> 00:04:46,560 Speaker 1: person up to age sixty four who earns less than 79 00:04:46,600 --> 00:04:50,599 Speaker 1: fo in the poverty level has to spend the maximum 80 00:04:50,720 --> 00:04:53,640 Speaker 1: of well when they're up at that level, has to 81 00:04:53,680 --> 00:04:57,840 Speaker 1: spend a maximum about nine point five of their income 82 00:04:58,600 --> 00:05:03,640 Speaker 1: before they can get coverage through the premium tax credits. 83 00:05:04,240 --> 00:05:08,599 Speaker 1: The Senate bill would change that for so that people 84 00:05:09,600 --> 00:05:12,760 Speaker 1: page close to age sixty five would have to pay 85 00:05:13,279 --> 00:05:16,080 Speaker 1: sixteen and a half percent of their income. It almost 86 00:05:16,200 --> 00:05:19,159 Speaker 1: doubles it. Uh And frankly, that's just going to be 87 00:05:19,279 --> 00:05:22,840 Speaker 1: unaffordable for many older people. So the a r P 88 00:05:23,040 --> 00:05:26,240 Speaker 1: has been very exercised about this because it really is 89 00:05:26,720 --> 00:05:29,640 Speaker 1: going to be very bad news for older people. Might 90 00:05:29,760 --> 00:05:32,400 Speaker 1: make it a little bit more affordable for young people. 91 00:05:32,920 --> 00:05:35,720 Speaker 1: I've been talking to Timothy Johns, to professor at Washington 92 00:05:35,760 --> 00:05:38,520 Speaker 1: and Lee University Law School, and Abby Cluck, professor at 93 00:05:38,600 --> 00:05:42,960 Speaker 1: Yale University Law School about the Senate Republican Healthcare Bill Abbey. 94 00:05:43,200 --> 00:05:46,359 Speaker 1: Under the Senate bill, the federal government would continue paying 95 00:05:46,400 --> 00:05:51,719 Speaker 1: crucial subsidies to health insurance companies through Is that a 96 00:05:51,760 --> 00:05:55,279 Speaker 1: strategy to get through the mid terms without insurers dropping 97 00:05:55,279 --> 00:05:59,520 Speaker 1: out of the exchanges or hiking rates? Um? You know, 98 00:05:59,640 --> 00:06:01,839 Speaker 1: pop way, I think that it's important to break that 99 00:06:01,880 --> 00:06:04,200 Speaker 1: out a little bit. Um. For the last several years, 100 00:06:04,200 --> 00:06:07,599 Speaker 1: the House Representatives has been engaged in the lawsuit that 101 00:06:07,680 --> 00:06:12,040 Speaker 1: is attempting to stop these critical stabilization fund city insurance industry, 102 00:06:12,080 --> 00:06:15,479 Speaker 1: and that is contributed to the destabilization of the insurance markets. 103 00:06:15,480 --> 00:06:17,880 Speaker 1: What you have in this bill is sort of UH 104 00:06:17,880 --> 00:06:20,520 Speaker 1: an olive branch or are arrived in the insurance industry 105 00:06:20,560 --> 00:06:22,520 Speaker 1: to say, past this bill the way we've written it, 106 00:06:22,520 --> 00:06:25,760 Speaker 1: because we're including those crucial subsidies to the industry now, 107 00:06:26,160 --> 00:06:29,719 Speaker 1: but it doesn't solve the bigger problem of distabilization of 108 00:06:29,720 --> 00:06:32,520 Speaker 1: the insurance exchange. Is one thing this bill is missing 109 00:06:33,160 --> 00:06:36,440 Speaker 1: is an incentive for individuals to go out and get insured. 110 00:06:36,520 --> 00:06:39,359 Speaker 1: And the insurance markets need more customers out there to 111 00:06:39,400 --> 00:06:41,440 Speaker 1: be able to sort of stabilize to move out the rates. 112 00:06:41,440 --> 00:06:45,520 Speaker 1: They need young healthy people on the exchanges. That was 113 00:06:45,640 --> 00:06:49,200 Speaker 1: effectuated under the Affordable Care Act by the UH, widely 114 00:06:49,520 --> 00:06:53,120 Speaker 1: hated by the Republicans insurance purchase mandate. And while this 115 00:06:53,160 --> 00:06:55,039 Speaker 1: bill gets rid of that, it doesn't put anything in 116 00:06:55,080 --> 00:06:57,719 Speaker 1: its place. So on the one hand, insurers might be 117 00:06:57,720 --> 00:06:59,960 Speaker 1: temporarily happy, but on the other hand, I can't see 118 00:07:00,000 --> 00:07:03,000 Speaker 1: the insurance industry feeling very confident about the content of 119 00:07:03,000 --> 00:07:07,320 Speaker 1: this bill. Tim. Now let's talk about whether it's going 120 00:07:07,360 --> 00:07:10,520 Speaker 1: to pass or not. McConnell says he wants a vote 121 00:07:10,520 --> 00:07:14,160 Speaker 1: on the bill next week. There are four Republican senators 122 00:07:14,200 --> 00:07:16,360 Speaker 1: who said in a joint statement they weren't ready to 123 00:07:16,440 --> 00:07:18,880 Speaker 1: vote on the bill, but and there are other senators 124 00:07:18,920 --> 00:07:22,600 Speaker 1: who have said they're unsure of of certain provisions. So 125 00:07:23,640 --> 00:07:29,400 Speaker 1: is it likely to pass, um boy. I'm a law professor, 126 00:07:29,480 --> 00:07:36,360 Speaker 1: not a someone who can prognosee that, UM the I 127 00:07:36,440 --> 00:07:39,200 Speaker 1: think it is. I'm not sure it's going to pass 128 00:07:39,240 --> 00:07:43,320 Speaker 1: by June, which is the last date for the July 129 00:07:43,400 --> 00:07:47,160 Speaker 1: fourth recess and the target date that Senator McConnell has 130 00:07:47,200 --> 00:07:52,600 Speaker 1: been working on. UM. But I think that the four 131 00:07:53,120 --> 00:07:56,080 Speaker 1: whom you noted are going to try very hard to 132 00:07:56,120 --> 00:08:00,720 Speaker 1: move this bill to the right. The moderates are expressing 133 00:08:00,800 --> 00:08:05,119 Speaker 1: concerns but seem a little softer. I think it's quite 134 00:08:05,200 --> 00:08:11,520 Speaker 1: possible that the bill will be pulled before the the 135 00:08:11,640 --> 00:08:15,960 Speaker 1: June thirtie vote. But I am pretty confident it's going 136 00:08:15,960 --> 00:08:19,280 Speaker 1: to be back next month, and I think it's quite 137 00:08:19,320 --> 00:08:22,000 Speaker 1: likely it'll pass by the end of the month because 138 00:08:22,320 --> 00:08:24,680 Speaker 1: they really have to do something. I mean, they've been 139 00:08:24,680 --> 00:08:29,440 Speaker 1: promising this for years and years, and I just don't 140 00:08:29,480 --> 00:08:32,080 Speaker 1: see how they can go back to their constituency without 141 00:08:32,120 --> 00:08:37,360 Speaker 1: doing something to say that they have in some way 142 00:08:37,440 --> 00:08:42,160 Speaker 1: repealed the Affordable Care Act. Have you what are your thoughts? Um? 143 00:08:43,000 --> 00:08:46,400 Speaker 1: I think that uh him is right that the chances 144 00:08:46,400 --> 00:08:49,000 Speaker 1: are probably better that that the bill will pass and 145 00:08:49,040 --> 00:08:51,080 Speaker 1: that it won't pass. But I do think that there's 146 00:08:51,120 --> 00:08:54,959 Speaker 1: a big uh marketing problem again by the Democrat to 147 00:08:55,000 --> 00:08:57,160 Speaker 1: respect to this bill. Just like when the Affordable Chaik 148 00:08:57,280 --> 00:08:59,680 Speaker 1: was rolled out, the Democrats did a really lousy job 149 00:08:59,720 --> 00:09:01,760 Speaker 1: of blaming the American public what was in the bill 150 00:09:01,800 --> 00:09:04,240 Speaker 1: and why they should support it. I think people really 151 00:09:04,240 --> 00:09:06,760 Speaker 1: don't understand within this bill. I think a lot of 152 00:09:06,800 --> 00:09:09,240 Speaker 1: people out there think this is a medicaid bill. Poor 153 00:09:09,280 --> 00:09:11,640 Speaker 1: people are going to have their health benefits cut back. 154 00:09:11,920 --> 00:09:14,440 Speaker 1: Some people don't want the government's helping poor people. But 155 00:09:14,559 --> 00:09:16,640 Speaker 1: I don't think the message has really gotten out there 156 00:09:16,640 --> 00:09:18,520 Speaker 1: about how this is going to help people who aren't 157 00:09:18,520 --> 00:09:20,800 Speaker 1: at the lowest levels of poverty, how this isn't going 158 00:09:20,840 --> 00:09:22,720 Speaker 1: to this really going to hurt the middle class. And 159 00:09:22,760 --> 00:09:24,360 Speaker 1: I think that the Democrats have a lot of work 160 00:09:24,400 --> 00:09:27,199 Speaker 1: to do to sort of start making clear the bill's 161 00:09:27,200 --> 00:09:29,360 Speaker 1: effect on the average American. I think if they can 162 00:09:29,440 --> 00:09:31,960 Speaker 1: do that, um, they have a better chance of holding 163 00:09:31,960 --> 00:09:34,040 Speaker 1: it up. I think him is right through under pressure 164 00:09:34,040 --> 00:09:37,040 Speaker 1: to appeal and replace. But to what ends, you know, 165 00:09:37,120 --> 00:09:39,400 Speaker 1: have have they shown us anything to show that this 166 00:09:39,440 --> 00:09:41,760 Speaker 1: bill is going to improve healthcare quality, is going to 167 00:09:41,840 --> 00:09:44,320 Speaker 1: reduce costs? At this point, we have no evidence at all, 168 00:09:44,679 --> 00:09:47,320 Speaker 1: and this is something worth doing, and their Democrats really 169 00:09:47,360 --> 00:09:50,480 Speaker 1: have to get their message out there tim more than 170 00:09:50,679 --> 00:09:54,880 Speaker 1: Chuck Schumer's saying mean er. Will we really learn more 171 00:09:55,160 --> 00:10:00,600 Speaker 1: when the congret Congressional Budget Office releases a score next week. Yeah, 172 00:10:00,679 --> 00:10:04,400 Speaker 1: I'm sure that we will. My guess is that the 173 00:10:05,120 --> 00:10:07,840 Speaker 1: it's going to come in on target with what they've 174 00:10:07,880 --> 00:10:11,600 Speaker 1: been trying to do in terms of deficit reduction because 175 00:10:11,640 --> 00:10:13,640 Speaker 1: they have to get there to get it through the 176 00:10:13,640 --> 00:10:19,280 Speaker 1: Senate UM, with the with the budget reconciliation rules, uh, 177 00:10:19,320 --> 00:10:22,920 Speaker 1: and that it The CBO will probably score it as 178 00:10:23,000 --> 00:10:30,040 Speaker 1: knocking fewer people off of health coverage because it is 179 00:10:30,400 --> 00:10:33,960 Speaker 1: a little bit more generous for lower income people and 180 00:10:34,000 --> 00:10:37,480 Speaker 1: people who live in high cost areas, and doesn't cut 181 00:10:37,559 --> 00:10:41,080 Speaker 1: Medicaid quite as quickly, although it cuts it more dramatically 182 00:10:41,120 --> 00:10:44,679 Speaker 1: in the long run. But how much how much better 183 00:10:44,720 --> 00:10:47,600 Speaker 1: it's going to look? I don't know. And again, as 184 00:10:47,679 --> 00:10:51,719 Speaker 1: Abbey has said, um, people who do get coverage are 185 00:10:51,720 --> 00:10:54,720 Speaker 1: going to get such skimpy coverage that will be virtually 186 00:10:54,840 --> 00:10:58,680 Speaker 1: useless to them. About thirty seconds, Abbey, do the Democrats 187 00:10:58,720 --> 00:11:00,960 Speaker 1: in a short amount of time, if the bill gets 188 00:11:01,080 --> 00:11:03,840 Speaker 1: voted on next week, have enough time to get the 189 00:11:03,880 --> 00:11:07,760 Speaker 1: message out to middle class people. Um, you know, that's 190 00:11:07,800 --> 00:11:09,880 Speaker 1: up to them. I think that this hasn't been a 191 00:11:09,880 --> 00:11:11,920 Speaker 1: lot of distractions with Russia and everything that's going on 192 00:11:11,960 --> 00:11:13,679 Speaker 1: with Trump, He's very good at that. They've got to 193 00:11:13,679 --> 00:11:15,480 Speaker 1: get out there. They have to pound the pavement. The 194 00:11:15,520 --> 00:11:17,559 Speaker 1: first time to still was before the House in March. 195 00:11:17,880 --> 00:11:20,560 Speaker 1: I think there was a very effective effort to generate 196 00:11:20,640 --> 00:11:23,040 Speaker 1: public outrage about the bill. We kind of let our 197 00:11:23,040 --> 00:11:25,440 Speaker 1: guard down in May the House bill got through, and 198 00:11:25,440 --> 00:11:27,640 Speaker 1: the Demnocrats really have to wake up and get out 199 00:11:27,679 --> 00:11:29,400 Speaker 1: there and start yelling at the top of their lungs 200 00:11:29,440 --> 00:11:31,439 Speaker 1: about how this is going to affect you, You who 201 00:11:31,480 --> 00:11:33,800 Speaker 1: makes a hundred thousand dollars a year, how we're going 202 00:11:33,880 --> 00:11:36,200 Speaker 1: to affect you. Have to leave it at that. Thank you. 203 00:11:36,280 --> 00:11:39,439 Speaker 1: Abby Gluck of Yale University Law School and Timothy just 204 00:11:39,800 --> 00:11:42,880 Speaker 1: of Washington and Lead University law school coming up. Mayor 205 00:11:43,000 --> 00:11:47,280 Speaker 1: Dublasio's plan to close down Rikers Island jail. I'm jun Grosso. 206 00:11:47,559 --> 00:11:49,880 Speaker 1: You're listening to Bloomberg Law. This is Bloomberg