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The U.S. Congress and Health Policy




Sheila Burke, RN, MPA, FAAN
Harvard Kennedy School of Government


June 2011
                                       kaiserEDU.org
Figure 1

                 Health Care Priorities for Policymakers
                  Percent saying each of the following should be a top priority for the
                  President and Congress in 2011:

         Strengthening the nation’s economy                                                         87%
         Improving the job situation                                                             84%

         Improving the educational system                                                     73%
         Taking steps to make Social Security system                                      66%
         financially sound

         Reducing the budget deficit                                                      66%
         Taking steps to make Medicare system financially                                64%
         sound
         Reducing healthcare costs                                                       61%
         Revising the health care legislation passed last year                           61%

         Dealing with the problems of poor and needy people                             56%


Source: Pew Research Center for the People & the Press, January 2011 Political Survey     kaiserEDU.org
Figure 2

                   Congress and Health

• Congress plays a major role in development of health policy
       •   Medicare
       •   Medicaid
       •   Veterans Affairs
       •   National Institutes of Health
       •   Health care reform

• Health policy is a bi-partisan priority

• Authority spread across several committees

• Involvement includes regulatory, programmatic, financing,
  and oversight

                                                     kaiserEDU.org
Figure 3

         Examples of Congressional Legislation
                   in Health Policy

                           Health Insurance Portability
                           and Accountability Act (1996)
 Enactment of
 Medicare and
                                                             Children’s Health
 Medicaid
                            Temporary Assistance for         Insurance
 (1965)
                            Needy Families (1996)            Program (1997)



1960        1970           1980            1990            2000          2010

            Employee
                                    Americans with          Medicare         Patient
            Retirement
                                    Disabilities Act        Modernization    Protection
            Income
                                    (1990)                  Act (2003)       and Affordable
            Security Act
            (1974)                                                           Care Act
                                                                             (2010)
                                         Family Medical
                                         Leave Act (1993)


                                                                                 kaiserEDU.org
Figure 4

            U.S. Senate: 112th Congress

                             51 Democrats
                            47 Republicans
                            2 Independents

                             LEADERSHIP
Majority Leader: Harry Reid (D-NV) Minority Leader: Mitch McConnell (R-KY)
Majority Whip: Richard Durbin (D-IL) Minority Whip: Jon Kyl (R-AZ)

                         KEY COMMITTEES
Finance                                      Health, Education, Labor, Pension
Chairman: Max Baucus (D-MT)                  Chairman: Tom Harkin (D-IA)
Ranking: Chuck Grassley (R-IA)               Ranking: Michael Enzi (R-WY)
Budget                                       Appropriations
Chairman: Kent Conrad (D-ND)                 Chairman: Daniel Inouye (D-HI)
Ranking: Jeff Sessions (R-AL)                Ranking: Thad Cochran (R-MS)


                                                                     kaiserEDU.org
Figure 5

                 U.S. House: 112th Congress

                             241 Republicans
                              192 Democrats
                               2 vacancies
                              LEADERSHIP
Speaker: John Boehner (R-OH)
Majority Leader: Eric Cantor (R-VA)       Minority Leader: Nancy Pelosi (D-CA)
Majority Whip: Kevin McCarthy (R-CA)        Minority Whip: Steny Hoyer (D-MD)

                           KEY COMMITTEES
Energy & Commerce                             Ways & Means
Chairman: Fred Upton(R-MI)                    Chairman: Dave Camp (R-MI)
Ranking: Henry Waxman (D-CA)                  Ranking:    Sander Levin (D-MI)
Budget                                        Appropriations
Chairman: Paul Ryan (R-WI)                    Chairman: Harold Rogers (R-KY)
Ranking: Chris Van Hollen(D-MD)               Ranking: Norman Dicks (D-WA)

                                                                      kaiserEDU.org
Figure 6

   Critical Differences between House and Senate


              HOUSE                                        SENATE
House is more than four times size of the Senators represent a broader
Senate                                    constituency than House member

Floor debate in House has more limits       Senators serve longer terms (6 yrs) while
and is more expeditious than Senate         House members run every two years


Power less evenly distributed in the        Senate filibuster can block action on
House, but Majority more powerful force     legislation with only 41 votes
in the House

House disproportionate share of majority    Senate more equity in distribution of staff
seats on Committees                         funds



                                                                          kaiserEDU.org
Figure 7

             Majority vs. Minority Party

• Majority has more control over agenda, floor
  debate, and committees

• Majority controls committee chairs, number of
  committee members and votes

• Greater staff and funding allocations to Majority
• Use of procedural tools (i.e. veto override, right of first
  recognition)

• Can call for hearings and investigations


                                                      kaiserEDU.org
Figure 8




Key Congressional Committees




                           kaiserEDU.org
Figure 9

       House Committee on Ways and Means


Chief Health Responsibilities:
•   Government payments for programs in Social Security Act:
       – Medicare (Part A, Parts B, D joint with E&C)
       – Welfare, Temporary Assistance for Needy Families (TANF)
       – Supplemental Security Income (SSI)
       – Social Services (Title XX)

•   Tax credits and related matters in tax code dealing with health
    insurance premiums




                                                          kaiserEDU.org
Figure 10

House Committee on Energy and Commerce

Chief health responsibilities:
• Medicaid and Children’s Health Insurance Program
• Medicare (Part B, Parts C and D shared with Ways & Means)

• Centers for Medicare and Medicaid Services (CMS), including
  the Center for Consumer Information and Insurance Oversight
• Aging policy, individuals with disabilities
• National Institutes of Health (NIH)
• Domestic activities of the American National Red Cross
• Occupational safety and health, including the welfare of miners
• Public Health


                                                           kaiserEDU.org
Figure 11
      Senate Health, Education, Labor and
          Pension (HELP) Committee

Chief Health Responsibilities:
   – Public Health
   – Employee Retirement Income Security
     Act (ERISA), (shared with Finance
     Committee)
   – Individuals with disabilities
   – Occupational safety and health
   – Biomedical research and development
   – Aging



                                           kaiserEDU.org
Figure 12

        Senate Committee on Finance

Chief Health Responsibilities:
   – Health programs under the Social Security Act
     and including:
      • Medicaid- including ACA expansions, Center for
        Consumer Information, and Insurance Oversight
      • Medicare
      • CHIP
      • Welfare (TANF)
      • Maternal and Child Health block grant
      • Supplemental Security Income (SSI)
      • ERISA (w/HELP Committee)
   – Revenue measures


                                                   kaiserEDU.org
Figure 13

 Senate and House Committees on Budget

• Review and evaluate President’s budget proposal

• Formulate budget resolution establishing
  Congressional spending and revenue levels

• Submit resolution to full chambers for vote and
  negotiations in conference

• Monitoring budget “reconciliation” process

• Oversight of Congressional Budget Office (CBO)




                                                    kaiserEDU.org
Figure 14
       Senate and House Committees on
                Appropriations


• Allocates discretionary funding to federal
  agencies, departments, and programs

• Sub-committees prepares funding allocations for
  programs within jurisdiction

• Subject to spending levels established in budget
  resolution

• Major authority over discretionary, non-entitlement
  programs


                                                   kaiserEDU.org
Figure 15

                                Federal Budget Process

    February                      - President’s budget released
                                  - Congress holds hearings on President’s budget
                                    request
    March                         - CBO baseline and re-estimate of President’s
                                    budget released
                                  - House and Senate develop a Budget Resolution
    April                         Budget Resolution completed
    May-Dec                       - “Reconciliation bill” to make changes in tax policy or
                                     entitlements if required in budget resolution
                                  - Action on Appropriations bills
                                  - Bill signed by President

    October 1                     Beginning of new fiscal year
SOURCES: Congressional Budget Act of 1974, as amended; Oleszek,                kaiserEDU.org
Congressional Procedures and the Policy Process, 2001
Figure 16

                     Legislative Timing


                    Drafting                                  Committee
Idea Phase                                 Hearings
                     of Bill                                   Mark-Up




           Floor Action                House/Senate
         - Amendments                   Conference




                          President                   Implementation by
                          signs bill                    Administration
                                                                               0


                                                                          kaiserEDU.org
Figure 17




Working With Congress




                        kaiserEDU.org
Figure 18

         Lobbyists and Interest Groups


• To conduct activities aimed at influencing public
  officials and government at all levels.

• A group of persons working on behalf of or
  strongly supporting a cause, such as an item of
  legislation.




                                                      kaiserEDU.org
Figure 19

               Communication


• Know the staff
• Put a human face on the issue
• Provide expert testimony at congressional hearings
• Avoid jargon and acronyms
• Use action statements, pros and cons




                                               kaiserEDU.org
Figure 20

                   Partnerships

• Work collectively when possible
• Find common ground with unlikely bedfellows
• Never burn bridges – an enemy today is a friend
  tomorrow
• Know your opposition – never leave an ally unprepared
  or unprotected




                                                    kaiserEDU.org
Figure 21

                   Conclusions

• Congress plays an integral role in the
  development, financing and oversight of public and
  private sector health policies
• Work with Congress members to identify issues and
  strategies




                                                 kaiserEDU.org
Figure 22

                     Additional Resources

•   U.S. Senate Committee Websites
     –   Budget Committee (www.budget.senate.gov)
     –   Finance Committee (www.finance.senate.gov)
     –   Health, Education, Labor and Pensions Committee (www.help.senate.gov)
     –   Appropriations Committee (www.appropriations.senate.gov)

•   U.S. House of Representatives Committee Websites
     –   Energy and Commerce Committee (www.energycommerce.house.gov)
     –   Ways and Means Committee (www.waysandmeans.house.gov)
     –   Budget Committee (www.budget.house.gov)
     –   Appropriations Committee (www.appropriations.house.gov)

•   KaiserEDU.org Tutorial: Health Policy and the Federal Budget
•   KaiserEDU.org Tutorial: The Process of Health Reform

•   KaiserEDU.org Issue Module: The Role of States in Health Policy




                                                                       kaiserEDU.org

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The U.S. Congress and Health Policy

  • 1. The U.S. Congress and Health Policy Sheila Burke, RN, MPA, FAAN Harvard Kennedy School of Government June 2011 kaiserEDU.org
  • 2. Figure 1 Health Care Priorities for Policymakers Percent saying each of the following should be a top priority for the President and Congress in 2011: Strengthening the nation’s economy 87% Improving the job situation 84% Improving the educational system 73% Taking steps to make Social Security system 66% financially sound Reducing the budget deficit 66% Taking steps to make Medicare system financially 64% sound Reducing healthcare costs 61% Revising the health care legislation passed last year 61% Dealing with the problems of poor and needy people 56% Source: Pew Research Center for the People & the Press, January 2011 Political Survey kaiserEDU.org
  • 3. Figure 2 Congress and Health • Congress plays a major role in development of health policy • Medicare • Medicaid • Veterans Affairs • National Institutes of Health • Health care reform • Health policy is a bi-partisan priority • Authority spread across several committees • Involvement includes regulatory, programmatic, financing, and oversight kaiserEDU.org
  • 4. Figure 3 Examples of Congressional Legislation in Health Policy Health Insurance Portability and Accountability Act (1996) Enactment of Medicare and Children’s Health Medicaid Temporary Assistance for Insurance (1965) Needy Families (1996) Program (1997) 1960 1970 1980 1990 2000 2010 Employee Americans with Medicare Patient Retirement Disabilities Act Modernization Protection Income (1990) Act (2003) and Affordable Security Act (1974) Care Act (2010) Family Medical Leave Act (1993) kaiserEDU.org
  • 5. Figure 4 U.S. Senate: 112th Congress 51 Democrats 47 Republicans 2 Independents LEADERSHIP Majority Leader: Harry Reid (D-NV) Minority Leader: Mitch McConnell (R-KY) Majority Whip: Richard Durbin (D-IL) Minority Whip: Jon Kyl (R-AZ) KEY COMMITTEES Finance Health, Education, Labor, Pension Chairman: Max Baucus (D-MT) Chairman: Tom Harkin (D-IA) Ranking: Chuck Grassley (R-IA) Ranking: Michael Enzi (R-WY) Budget Appropriations Chairman: Kent Conrad (D-ND) Chairman: Daniel Inouye (D-HI) Ranking: Jeff Sessions (R-AL) Ranking: Thad Cochran (R-MS) kaiserEDU.org
  • 6. Figure 5 U.S. House: 112th Congress 241 Republicans 192 Democrats 2 vacancies LEADERSHIP Speaker: John Boehner (R-OH) Majority Leader: Eric Cantor (R-VA) Minority Leader: Nancy Pelosi (D-CA) Majority Whip: Kevin McCarthy (R-CA) Minority Whip: Steny Hoyer (D-MD) KEY COMMITTEES Energy & Commerce Ways & Means Chairman: Fred Upton(R-MI) Chairman: Dave Camp (R-MI) Ranking: Henry Waxman (D-CA) Ranking: Sander Levin (D-MI) Budget Appropriations Chairman: Paul Ryan (R-WI) Chairman: Harold Rogers (R-KY) Ranking: Chris Van Hollen(D-MD) Ranking: Norman Dicks (D-WA) kaiserEDU.org
  • 7. Figure 6 Critical Differences between House and Senate HOUSE SENATE House is more than four times size of the Senators represent a broader Senate constituency than House member Floor debate in House has more limits Senators serve longer terms (6 yrs) while and is more expeditious than Senate House members run every two years Power less evenly distributed in the Senate filibuster can block action on House, but Majority more powerful force legislation with only 41 votes in the House House disproportionate share of majority Senate more equity in distribution of staff seats on Committees funds kaiserEDU.org
  • 8. Figure 7 Majority vs. Minority Party • Majority has more control over agenda, floor debate, and committees • Majority controls committee chairs, number of committee members and votes • Greater staff and funding allocations to Majority • Use of procedural tools (i.e. veto override, right of first recognition) • Can call for hearings and investigations kaiserEDU.org
  • 9. Figure 8 Key Congressional Committees kaiserEDU.org
  • 10. Figure 9 House Committee on Ways and Means Chief Health Responsibilities: • Government payments for programs in Social Security Act: – Medicare (Part A, Parts B, D joint with E&C) – Welfare, Temporary Assistance for Needy Families (TANF) – Supplemental Security Income (SSI) – Social Services (Title XX) • Tax credits and related matters in tax code dealing with health insurance premiums kaiserEDU.org
  • 11. Figure 10 House Committee on Energy and Commerce Chief health responsibilities: • Medicaid and Children’s Health Insurance Program • Medicare (Part B, Parts C and D shared with Ways & Means) • Centers for Medicare and Medicaid Services (CMS), including the Center for Consumer Information and Insurance Oversight • Aging policy, individuals with disabilities • National Institutes of Health (NIH) • Domestic activities of the American National Red Cross • Occupational safety and health, including the welfare of miners • Public Health kaiserEDU.org
  • 12. Figure 11 Senate Health, Education, Labor and Pension (HELP) Committee Chief Health Responsibilities: – Public Health – Employee Retirement Income Security Act (ERISA), (shared with Finance Committee) – Individuals with disabilities – Occupational safety and health – Biomedical research and development – Aging kaiserEDU.org
  • 13. Figure 12 Senate Committee on Finance Chief Health Responsibilities: – Health programs under the Social Security Act and including: • Medicaid- including ACA expansions, Center for Consumer Information, and Insurance Oversight • Medicare • CHIP • Welfare (TANF) • Maternal and Child Health block grant • Supplemental Security Income (SSI) • ERISA (w/HELP Committee) – Revenue measures kaiserEDU.org
  • 14. Figure 13 Senate and House Committees on Budget • Review and evaluate President’s budget proposal • Formulate budget resolution establishing Congressional spending and revenue levels • Submit resolution to full chambers for vote and negotiations in conference • Monitoring budget “reconciliation” process • Oversight of Congressional Budget Office (CBO) kaiserEDU.org
  • 15. Figure 14 Senate and House Committees on Appropriations • Allocates discretionary funding to federal agencies, departments, and programs • Sub-committees prepares funding allocations for programs within jurisdiction • Subject to spending levels established in budget resolution • Major authority over discretionary, non-entitlement programs kaiserEDU.org
  • 16. Figure 15 Federal Budget Process February - President’s budget released - Congress holds hearings on President’s budget request March - CBO baseline and re-estimate of President’s budget released - House and Senate develop a Budget Resolution April Budget Resolution completed May-Dec - “Reconciliation bill” to make changes in tax policy or entitlements if required in budget resolution - Action on Appropriations bills - Bill signed by President October 1 Beginning of new fiscal year SOURCES: Congressional Budget Act of 1974, as amended; Oleszek, kaiserEDU.org Congressional Procedures and the Policy Process, 2001
  • 17. Figure 16 Legislative Timing Drafting Committee Idea Phase Hearings of Bill Mark-Up Floor Action House/Senate - Amendments Conference President Implementation by signs bill Administration 0 kaiserEDU.org
  • 18. Figure 17 Working With Congress kaiserEDU.org
  • 19. Figure 18 Lobbyists and Interest Groups • To conduct activities aimed at influencing public officials and government at all levels. • A group of persons working on behalf of or strongly supporting a cause, such as an item of legislation. kaiserEDU.org
  • 20. Figure 19 Communication • Know the staff • Put a human face on the issue • Provide expert testimony at congressional hearings • Avoid jargon and acronyms • Use action statements, pros and cons kaiserEDU.org
  • 21. Figure 20 Partnerships • Work collectively when possible • Find common ground with unlikely bedfellows • Never burn bridges – an enemy today is a friend tomorrow • Know your opposition – never leave an ally unprepared or unprotected kaiserEDU.org
  • 22. Figure 21 Conclusions • Congress plays an integral role in the development, financing and oversight of public and private sector health policies • Work with Congress members to identify issues and strategies kaiserEDU.org
  • 23. Figure 22 Additional Resources • U.S. Senate Committee Websites – Budget Committee (www.budget.senate.gov) – Finance Committee (www.finance.senate.gov) – Health, Education, Labor and Pensions Committee (www.help.senate.gov) – Appropriations Committee (www.appropriations.senate.gov) • U.S. House of Representatives Committee Websites – Energy and Commerce Committee (www.energycommerce.house.gov) – Ways and Means Committee (www.waysandmeans.house.gov) – Budget Committee (www.budget.house.gov) – Appropriations Committee (www.appropriations.house.gov) • KaiserEDU.org Tutorial: Health Policy and the Federal Budget • KaiserEDU.org Tutorial: The Process of Health Reform • KaiserEDU.org Issue Module: The Role of States in Health Policy kaiserEDU.org

Notes de l'éditeur

  1. Size is not the only difference between the two bodies. As noted here, lengths of terms, two versus six years, the rules governing the two bodies are radically different. In the House, the majority party has a greater opportunity to control the agenda and in the Senate, the minority retain considerable rights. The ability to filibuster in the Senate and talk at length is quite unique, rarely fully employed, but that threat alone can force opponents to negotiate.
  2. For both individual citizens and advocacy groups or lobbyists, knowing their staff, putting a human face on the issue so they understand the implications of what it is that you propose is critical. You could potentially provide expert testimony at Congressional hearings because of this knowledge. If you have an opportunity to do so or to talk with members or their staff, remember to avoid jargon and acronyms. Speak in language that they will understand that will clearly articulate the problem that you seek to solve. You can make it easier for a member or their staff by offering to provide information in the form of statements or pros and cons helping them to do the kind of analysis that’s necessary to fully understand the issue before them.
  3. Remember as well that working collectively when possible can often work to your advantage. Find other groups or individuals with whom you have a common interest and work with them to find a common solution. Remember as well to never burn bridges. An enemy today may well be your friend tomorrow in trying to solve a problem. It’s also important for you to anticipate your opposition so that you can prepare those who have offered to support your cause with the necessary arguments.