Friday, October 24th, 2014

Scott-O-Meter

Will fight to repeal federal health care law


Said he would join efforts to repeal the health care law, including supporting a constitutional amendment that "prohibits the federal government from imposing President Obama's individual mandate, to protect Floridians' freedom to control their health care choices."


Updates

Scott made exception to his fight for Obamacare repeal by supporting Medicaid expansion

When Rick Scott entered his first race for governor in 2010, he was best-known for being a millionaire health care executive fighting President Barack Obama's health care law.

Scott said then he would join efforts to repeal the health care law, including supporting a constitutional amendment that "prohibits the federal government from imposing President Obama's individual mandate, to protect Floridians' freedom to control their health care choices."

When the Florida Legislature succeeded in 2011 in placing such a constitutional amendment on the ballot, PolitiFact Florida awarded Scott a Promise Kept. But the amendment didn't get the 60 percent support, so it failed.

And more importantly, the U.S. Supreme Court upheld the health care law. Scott continued to fight the law, but his chances of success dwindled after Obama won re-election, so we rated this promise a Compromise.

There have been a couple of significant developments since that time.

In February 2013, Scott summoned the media to the governor's mansion, where he announced that he still opposed setting up a state exchange but supported a three-year Medicaid expansion. Scott said that a three-year expansion would allow the state to determine if it was working before deciding whether to re-authorize it.

"On the question of Medicaid expansion, there are no perfect options. To be clear, our options are either having Floridians pay to fund this program in other states while denying health care to our citizens, or using federal funding to help some of the poorest in our state with the Medicaid program as we explore other health care reforms," he said, adding, "While the federal government is committed to paying 100 percent of the cost of new people in Medicaid, I cannot, in good conscience, deny the uninsured access to care."

Though Scott supported the Medicaid expansion, he made it clear it wasn't one of his legislative priorities and didn't push for it. The Legislature ended up rejecting the expansion, which included $51 billion in federal dollars over 10 years. PolitiFact Florida gave Scott a Full Flop for his position on Medicaid expansion. Since then, he has continued to say he supports such an expansion.

"While they spend 100 percent, I'm not going to stand in the way of the federal government doing something," he told the Miami Herald/Tampa Bay Times a couple of weeks before his Aug. 26 primary. "What I'm not willing to do is put Florida taxpayers on the hook. ... I've been very consistent and let's all remember that Obamacare is an absolute bad bill for patients, for families, for employers, for employees."

We asked Scott spokesman John Tupps if he could point to other examples of Scott fighting the health care law, and he pointed to Scott's opposition to a rate cut for Medicare Advantage that the federal government proposed in February 2014. In April, the federal government backed off of its plan for cuts in response to opposition.

Medicare Advantage costs do relate to the health care law, because that law reduces payments to private insurers to bring down future costs. President George W. Bush started Medicare Advantage, a richer plan, in hopes the increased competition would reduce costs. But those plans are actually costlier than traditional Medicare.

For the most part, Scott has remained a critic of the health care law and continues to fight it. The one exception is Scott's support for Medicaid expansion -- but he never used his power of the bully pulpit to convince the Legislature to pass it.

Scott's chances of repealing the law dimmed part way through his term, and he failed to get the constitutional amendment passed.

Overall, we continue to rate this promise Compromise.

Sources:

Tampa Bay Times, "Scott's beliefs guiding policies," Aug. 9, 2014

PolitiFact, "Rick Scott opposed Medicaid expansion before he supported it," Feb. 25, 2014

PolitiFact, "Rick Scott says Medicare rate cuts will affect seniors' ability to keep their doctor, hospital and prevention services," March 3, 2014

Interview, John Tupps, Gov. Rick Scott spokesman, Aug. 27, 2014

Scott retools his rhetoric on health care law

Gov. Rick Scott entered the political fray on a hard-charging crusade against President Barack Obama's health care reforms.

He pledged to repeal the law -- deriding it as the "the biggest job killer ever in the history of this country” -- and to support a proposed constitutional amendment that aimed to undermine its implementation in Florida.

Politifact Florida is tracking 57 of Scott's campaign pledges, including his anti-Obamacare promise, on the Scott-O-Meter. When the Florida Legislature succeeded in 2011 in placing such a constitutional amendment on the ballot, PolitiFact Florida awarded Scott a Promise Kept.

Much has changed since then. Scott, out of political and practical necessity, is changing, too.

He's taking a cue from Florida voters, who re-elected Obama and rejected the state's anti-"Obamacare" amendment.

Almost 52 percent of Florida voters killed Amendment 1, which would have prohibited any laws that require people to have health insurance or businesses to offer it. (The amendment would likely not have had an effect on the state's compliance with the health care law anyway, as federal law supersedes state law.)

Months earlier, the U.S. Supreme Court upheld the law and its individual mandate, which imposes fines on most people for not buying health insurance, Florida led the multi-state lawsuit challenging the constitutionality of the law and its individual mandate.

Scott remained defiant and berated the court's decision in national TV interviews. He said Florida should not go forward with the optional components of law: expanding Medicaid to cover more uninsured poor people and creating a state health insurance exchange.

Like many Republicans, Scott placed his last hope for repeal of the law with the election of Mitt Romney. Obama's win signaled the health care law is likely here to stay.

Scott's reaction to the development was uncharacteristic, to say the least. He told reporters he's ready to negotiate with the federal government on implementation of the law.

"Gov. Romney did not win the election," Scott said. "So it is not an option to repeal Obamacare. My goal now is to focus on what's good for our citizens."

States have three options to create a health insurance exchange, which is essentially an online marketplace for people to comparison-shop plans. They can set it up themselves, they can set it up with the federal government, or they can do nothing and allow the federal government to do it.

It's still not exactly clear which option Scott wants to pursue. What is clear is his no-way approach to the health care law is dissipating.

Scott requested a meeting with Health and Human Services Secretary Kathleen Sebelius in a letter sent Nov. 16, the original deadline for states to tell the federal government whether they want to create exchanges. Sebelius extended the deadline for states to report how they want to proceed to Dec. 14.

"The citizens of our state are hopeful that you will accept our offer to partner with you to work together on solutions that will address the ever-increasing cost of health care and the need for better access by all Florida families to quality health care,” Scott wrote.

"While I continue to be concerned with the unanswered questions regarding the implementation of PPACA, I know that we share the same goals when it comes to lowering the costs of health care and addressing the need for better access to quality health care for not only Floridians, but for all Americans.”

Scott doesn't let on which way he prefers, choosing instead to reiterate his desire for a Medicaid waiver and using "families” five times in the first paragraph.

"He's basically saying, 'now that you've won the election, how about doing everything the way I want to do it?' " said Timothy Jost, a law professor who studies health policy at William and Mary Law School.

Still, his conciliatory reaction is a contrast from that of other Republican governors like Texas Gov. Rick Perry, who told the feds he would not set up a state-run health insurance exchange because he did not want to put "hard-working Texans on the financial hook for an unknown amount of money to operate a system under rules that have not even been written.”

The Florida director of the conservative advocacy group Americans for Prosperity applauded Perry and nine Republican governors for saying they would not create an exchange, but he criticized Scott, House Speaker Will Weatherford and Senate President Don Gaetz for sending "the exact wrong signal.”

"Florida should not agree to be the de-facto administrator of the federal government's rules, regulations and mandates,” executive director Slade O"Brien said in a statement.

There's a long way to go on the creation of an exchange. The state has wasted two years and millions of federal dollars that it could have already devoted toward setting up an online market, said Laura Goodhue, executive director of Florida CHAIN, a health advocacy nonprofit group.

She said she hopes Scott will include consumer advocates in discussions about the exchange and that he reconsiders his decision not to expand Medicaid.

"He's a businessman,” she said. "I'd like to think that he's just being reasonable.”

There's no doubt Scott supported efforts to prevent Florida from enforcing the law, be it via lawsuit, constitutional amendment or outright refusal. But voters turned down the amendment that aimed to do that, and Scott's hands are tied with Obama in office.

Here, we are evaluating Scott's promise to fight for repeal of the health care law.

Scott says he is willing to negotiate on the health care law. The results remain to be seen.

We are pushing this promise to Compromise.

Sources:

The Associated Press (via The Miami Herald), "Florida Gov. Rick Scott wants to talk health care,” Nov. 13, 2012

Florida Department of State, amendment results, accessed Nov. 14, 2012

New York Times, "Health care law has states feeling tense over deadline,” Nov. 15, 2012

New York Times, "U.S. extends a deadline for states on coverage,” Nov. 10, 2012

Interview with Jackie Schutz, Gov. Scott spokeswoman, Nov. 19, 2012

Letterfrom Gov. Rick Scott to Health and Human Services Secretary Kathleen Sebelius, Nov. 16, 2012

Tampa Bay Times, "Striking a cooperative tone, Scott asks to meet with health care officials,”Nov. 16, 2012

Interview with Timothy Jost, law professor at Washington and Lee University, Nov. 19, 2012

News release from Americans for Prosperity, Nov. 19, 2012

Interview with Laura Goodhue, executive director of Florida CHAIN, Nov. 20, 2012

Florida Legislature wants voters to ban individual mandate, but federal law likely would prevail

Rick Scott built a national following in 2009 by opposing President Barack Obama's attempt to reform the country's health care system.

As Florida's governor he vowed to keep up the fight, saying he would support "a state constitutional amendment in Florida that prohibits the federal government from imposing President Obama's individual mandate."

A constitutional amendment proposed by Senate President Mike Haridopolos attempts to accomplish exactly that. SJR 2 -- which was passed by the Senate on March 9, 2011, 29-10 and the House 80-37 on May 4 -- would prohibit the government from requiring people to purchase health insurance. A similar constitutional amendment was passed by the Legislature in 2010 but was tossed off the ballot by the Florida Supreme Court because of misleading ballot language.

Scott opposes the federal individual mandate, which works by imposing fines on people who don't have insurance. If people can't find affordable insurance to buy, as measured by a percentage of income, they would qualify for a hardship exemption. Supporters of the law say the mandate is necessary because the new health care law also prevents insurers from discriminating based on pre-existing conditions. People could simply wait until they get sick to purchase insurance if the mandate was removed.

The amendment proposed in Florida does not need to go to Scott for his signature. Barring court action, it will appear on the November 2012 ballot and must be approved by 60 percent of voters. Several other states are considering or have considered similar constitutional changes.

But there's a big caveat to the proposal. Even if it passes, the constitutional change likely will not stop the federal insurance law from applying to Florida.

The federal supremacy clause of the U.S. Constitution establishes federal law as the "supreme law of the land," and invalidates state laws that interfere with or are contrary to federal law. If the federal health care bill is upheld as constitutional (Florida and other states are suing), it would most likely supersede state law.

"States can no more nullify a federal law like this than they could nullify the civil rights laws by adopting constitutional amendments," Timothy Stoltzfus Jost, a health law expert at Washington & Lee University School of Law, told the New York Times.

For this promise, we're judging Scott based on his efforts to repeal the federal health care law -- and specifically his promise to support an amendment to the state constitution attempting to invalidate the individual mandate. On the day the Senate passed the amendment, Scott called it "a giant step forward in stopping the federal government from imposing costly health care mandates on the state that kill jobs and limit personal choice."

We rate this a Promise Kept.

Sources:

SJR 2, accessed May 9, 2011

Article VI, U.S. Constitution

Florida Supreme Court, decision to remove Amendment 9 from 2010 ballot

Rick Scott, press statement on Senate passage of SJR 2, March 9, 2011

New York Times, "Health Care Overhaul and Mandatory Coverage Stir States" Rights Claims," Sept. 28, 2009
 

Scott supports health care repeal efforts

The U.S. House voted to repeal of the 2010 health care law on Jan. 19, 2011, and Gov. Rick Scott was on the sidelines cheering.

Before he became a candidate for governor, during the campaign and after the election, Scott has been a persistent critic of President Barack Obama's federal health care push.

In 2009, Scott spent $5 million of his own money to form Conservatives for Patients' Rights, a group that fought Obama's earlier plan that included the public option.

In 2010, his campaign website boasted that "Rick led the fight to defeat President Obama's government-run public option" and that he "supports a state constitutional amendment in Florida that prohibits the federal government from imposing President Obama's individual mandate." He told Fox News in an interview Oct. 18, 2010, that "the whole thing has to be repealed."

In a meeting in Washington with the Florida congressional delegation on Dec. 1, he said, "I am going to focus on the repealing (of) the health care bill because I think it's the biggest job killer ever in the history of this country."

Just the day before the House vote, in an interview with Fox Business News, Scott said again:

"But Obamacare is a big problem and we will get it repealed. As you know, we're leading the lawsuit against it. Six more states joined our lawsuit today. So it's going to, we're going to -- either we're going to win it through the courts or we're going to win through repealing it."

We sent e-mails to Scott's press office Jan. 18 and 19, and left a phone message on Jan. 18 asking what Scott was doing to fight for repeal, but did not get a reply. We also contacted Florida Attorney General Pam Bondi's spokeswoman, Jennifer Krell Davis, to ask if she was aware of actions Scott had taken toward repeal.

Bondi, also elected in November and a supporter of repealing the law, took over a lawsuit seeking repeal that had been filed by her predecessor, Bill McCollum. Bondi filed a motion Jan. 18 seeking to add six states to the lawsuit that argues the health care law is unconstitutional -- bringing the total number of states to 26, according to a press release from Bondi's office. The suit argues that the law is unconstitutional because it forces people to buy health insurance or pay a penalty.

Davis said in an interview that Bondi's office has been notifying Scott's office "on any changes or updates on the lawsuit."

Three days after Scott"s inauguration, on Jan. 7, he added his signature to a letter addressed to Obama that was also signed by 32 governors (or governors-elect) protesting the health care law, Davis said. The letter doesn't use the word "repeal" but states:

"...we are writing to you regarding the excessive constraints placed on us by healthcare-related federal mandates. One of our biggest concerns continues to be the Maintenance of Effort (MOE) provisions of the American Recovery and Reinvestment Act (ARRA) and the Patient Protection and Affordable Care Act (PPACA), which prevent states from managing their Medicaid programs for their unique Medicaid populations. We ask for your immediate action to remove these MOE requirements so that states are once again granted the flexibility to control their program costs and make necessary budget decisions."

The MOE provision in the health care bill relates to Medicaid and is a directive from the federal government that the states not make major changes to Medicaid during the transition period up to 2014, when the Medicaid rolls will expand, said Gerard Anderson, professor at Johns Hopkins Bloomberg School of Public Health.

"What they are saying is you can change the rules to some extent to take care of new circumstances, but you can't fundamentally drop people you used to cover," Anderson said. "Every state budget is in serious trouble right now, and Medicaid is 25% of most states' [budgets] so they want to get out of the rule."

(PolitiFact Florida wrote in a September ruling that Medicaid expenditures would be around one-third of the state's budget in three years if it keeps growing within the 10-year average.)

We also spoke to Alan Levine, who headed up a transition team for Scott examining health and human services agencies and was a former Secretary of Florida's Agency for Health Care Administration under Republican Gov. Jeb Bush. Levine now works at Naples-based Health Management Associates in Florida, which operates multiple hospitals including several that care for a high number of Medicaid patients.

Levine said that Scott has been encouraging the lawsuit seeking repeal. During a meeting with Levine and others about the transition team plan, Scott said he'd put his money where his mouth was on that lawsuit, according to Levine.

"He made it very clear to me Florida was committed to getting this legislation repealed and if it took resources, they were prepared to provide those although it doesn't appear necessary as we've got so many states involved now," Levine said.

Scott can't vote on repeal -- the only ways he can work toward repeal are supporting the lawsuit, using his bully pulpit and talking about repeal with the state's congressional delegation, Levine said. We agree those are key steps to show him fighting for repeal, and he's met that criteria. But the fight's not over, and he'll need to keep working to keep this promise.

For now, we rate this promise In the Works.

Sources:

Fox News, "Rick Scott on health care: 'The whole thing needs to be repealed,'" Oct. 18, 2010

The Buzz St. Petersburg Times blog, "Health care fight breaks out in meeting with Rick Scott, Florida delegation," Dec. 1, 2010

St. Petersburg Times, "Six more states join Florida's health care lawsuit," Jan. 19, 2011

Miami Herald, "A Study in Contrasts,"Aug. 8. 2010

PolitiFact, "Pam Bondi says Medicaid will eat up half the state budget in 2015," Sept. 8, 2010

Interview, Johns Hopkins Bloomberg School of Public Health professor Gerard Anderson, Jan. 19, 2011

Interview, Florida Attorney General spokeswoman Jennifer Krell Davis, Jan. 18, 2011

Interview, Alan Levine, chair of the Health and Human Services Transition Team for Gov. Rick Scott, Jan. 18, 2011

Letter from Gov. Rick Scott and several other governors to President Barack Obama, Jan. 7, 2011