Showing posts with label reform. Show all posts
Showing posts with label reform. Show all posts

Sunday, August 4, 2013

Murkowski, Wyden set to unveil bipartisan campaign finance reform bill

The bill, to be released Tuesday, draws on state laws already enacted in Oregon and Alaska.

Sens. Ron Wyden (D-Ore.) and Lisa Murkowski (R-Alaska) are poised to unveil legislation to reform the country’s much-maligned campaign finance rules.

The lawmakers announced a Tuesday news conference to release the bill, which seeks to counter an influx of unregulated political spending that followed the U.S. Supreme Court’s 2010 Citizen’s United ruling. The decision paved the way for unlimited outside spending on political races.

As a result, the 2012 election was the costliest in American history, with spending on federal races totaling roughly $6 billion, according to the Center for Responsive Politics. 

In late December, Wyden and Murkowski announced they had agreed upon a framework for legislation that would reduce the “anonymous sleaze and innuendo” that characterized the last election cycle, they wrote in an opinion editorial published in The Washington Post.

“The anonymity of much of this spending encourages ads that lower the level of political discourse and makes it harder, not easier, for Americans to make informed decisions,” they wrote.

Under their plan, groups involved in political activity – whether directly through a campaign or via outside advocacy – would be required to disclose their donors in real time.

“Under federal law, which requires only quarterly reports, the influx of money immediately before an election is hidden from the public until months after the votes have been counted,” the lawmakers wrote.

The bill draws on state laws already enacted in Oregon and Alaska. It would be applicable to all federal candidates and “every billionaire hoping to influence an election,” they said. The laws would also apply equally to corporations, nonprofits and labor unions.

“Unlimited corporate and individual spending is corrosive to democracy and undermines the political process,” Widen and Murkowski wrote. “But the case has been decided, and it is our prerogative as legislators to improve on it.”

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Friday, August 2, 2013

Congress must enact tax reform without territorial taxation

By Philip G. Cohen, professor, Pace University's Lubin School of Business, New York City - 04/18/13 04:20 PM ET

What does Loophole Expansion have to do with Tax Reform???Many companies are seeking to lower the federal tax rate that publicly-traded and other “C” corporations pay on taxable income. This is in line with a broad consensus that U.S. corporate (and perhaps individual) tax rates should be lowered, with the revenue lost from this effort made up for by limiting or eliminating certain exemptions and deductions, which is often referred to as broadening the base.??

Some of this effort has been characterized as loophole closing. While not a popular view among the U.S. corporate tax community, some have argued that loophole closing should also be used to raise additional revenue to pay-down deficits and stimulate job creation in the U.S. ??

Under the current U.S. tax structure, income not sourced or connected with the United States, and earned by foreign subsidiaries, will generally not be subject to U.S. taxation until if and when the earnings are distributed back to the United States. Many, if not most U.S. based multinationals, refrain from distributing overseas income to the United States unless most if not all the tax on the dividend is offset with foreign tax credits. Thus earnings from foreign subsidiaries operating in zero or low-taxed countries are generally kept offshore. This is referred to as the lockout effect and in some cases results in the income never being subject to U.S. or foreign tax.??

There is an exception to deferral for certain types of income and activities. When this exception applies, there is immediate U.S. taxation. The latter treatment is generally reserved for passive income, highly mobile activities, as well as investment of earnings in United States property, including most loans to related U.S. companies. If anything, over the last 10-15 years, Subpart F, the part of the Internal Revenue Code that provides for immediate U.S. taxation of certain offshore earnings, has been weakened with provisions enacted including “look-thru” and the “active financing” exception coupled with the wide utilization of foreign entities that are disregarded for U.S. tax purposes. Even aside from the foregoing, there are many other techniques available under current law, like short-term loans, to legally avoid Subpart F’s impact.??

Many U.S. based multinationals are concentrating their lobbying efforts to using tax reform to implement territorial taxation. Moving toward territorial taxation has a plethora of advocates. Even the National Commission on Fiscal Responsibility and Reform, the so-called Simpson-Bowles Commission, whose mission was deficit reduction supported territorial taxation and Erskine Bowles and Alan Simpson continue to do so. Chairman Camp of the House Ways and Means Committee is also a proponent of territorial taxation albeit with some limits. One argument for territorial taxation is that companies based outside the U.S. generally do not face worldwide taxation on active income, putting companies incorporated in the U.S. at a competitive disadvantage with their foreign-based rivals. The second argument for territorial taxation is that it will eliminate the lockout effect of having hundreds of billions of dollars of earnings trapped offshore.??

What does loophole expansion have to do with either tax reform or deficit reduction? There is an existing loophole for offshore earnings. The Internal Revenue Code today taxes income earned by a foreign subsidiary differently than if earned in the U.S. because taxation of the former is generally deferred. Hundreds of billions of dollars of profits are being shifted from the United States tax base, to abroad, where it’s deferred until if and when repatriated. It is difficult for the IRS to police this area.??

A territorial tax system would serve to encourage the shifting of activities offshore, and, with it, taxable profits and jobs. Congress attempted to address the lockout effect in 2004, with the enactment of Internal Revenue Code section 965 which permitted for a limited time, U.S. based multinationals to repatriate billions of dollars kept in foreign subsidiaries at a tax rate of 5.25 percent compared to the general corporate tax rate of 35 percent. This provision, which was part of The American Jobs Creation Act of 2004, was also heavily lobbied for by many of the same companies behind the push for territorial taxation. It didn’t create many U.S. jobs if you don’t include K Street lobbyists.

??Charlie Wilson, who headed General Motors, and became secretary of Defense under President Eisenhower has been misquoted as testifying that “what’s good for General Motors is good for the country.” There is no doubt that expanding the deferral loophole to full-blown adoption of territorial taxation would benefit many U.S. based multinationals. There are well-funded efforts to influence lawmakers of both parties in this effort.??

Congress and the administration however have a fiduciary obligation to look beyond whether such tax reform would benefit these companies and inquire how such a migration would impact jobs in the United States and the U.S. tax base. Is widening the barnyard door even further good for America? I submit that under such criteria the case for expanding the deferral loophole is dubious.??

Philip G. Cohen is a tax professor at Pace University Lubin School of Business and a retired Vice President-Tax & General Tax Counsel for Unilever United States, Inc. The opinion expressed here is his personal views.

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Tuesday, July 30, 2013

Immigration reform a pivotal point in our educational and economic competitiveness

Immigration reform a pivotal point in our educational and economic competitiveness - The Hill's Congress Blog @import "/plugins/content/jw_disqus/tmpl/css/template.css"; li.item435,li.item437,li.item439,li.item441,li.item443,li.item497,li.item499,li.item501,li.item503,li.item605,li.item689,li.item691,li.item693,li.item695,li.item697,li.item683,li.item685{display: none;} var _comscore = _comscore || []; _comscore.push({ c1: "2", c2: "10314615" }); (function() { var s = document.createElement("script"), el = document.getElementsByTagName("script")[0]; s.async = true; s.src = (document.location.protocol == "https:" ? "https://sb" : "http://b") + ".scorecardresearch.com/beacon.js"; el.parentNode.insertBefore(s, el); })(); function getURLParameter(name) { return decodeURI( (RegExp(name + '=' + '(.+?)(&|$)').exec(location.search)||[,null])[1] );}(function(d, s, id) { var js, fjs = d.getElementsByTagName(s)[0]; if (d.getElementById(id)) return; js = d.createElement(s); js.id = id; js.src = "//connect.facebook.net/en_US/all.js#xfbml=1&appId=369058349794205"; fjs.parentNode.insertBefore(js, fjs); if (getURLParameter("set_fb_var") == '1') { jQuery.cookie('set_fb_var', 'true', { expires: 7, path: '/' }); return true; } if (!jQuery.cookie('set_fb_var') && d.referrer.match(/facebook.com/i)) { window.fbAsyncInit = function() { FB.init({ appId : '340094652706297', status: true, xfbml: true, cookie: true, oauth: true }); }; }}(document, 'script', 'facebook-jssdk'));if((navigator.userAgent.match(/iPhone/i)) || (navigator.userAgent.match(/iPod/i))) {document.write('Download TheHill.com iPhone App Free!');}if(navigator.userAgent.match(/iPad/i)) {document.write('Download TheHill.com iPad App Free!');}if(navigator.userAgent.match(/Android/i)) {document.write('The Hill Android App Now Available');} The Hill Newspaper Follow!function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src="//platform.twitter.com/widgets.js";fjs.parentNode.insertBefore(js,fjs);}}(document,"script","twitter-wjs");Google+Advanced Search Options » Home/NewsSenateHouseAdministrationCampaignPollsBusiness & LobbyingSunday Talk ShowsCampaignBusiness & LobbyingK Street InsidersLobbying ContractsLobbying HiresLobbying RevenueOpinionColumnistsEditorialsLettersOp-EdWeyants WorldCapital LivingCover StoriesFood & DrinkNew Member of the Week20 QuestionsMy 5 Min. W/ObamaAnnouncementsMeet the LawmakerJobsVideoGossip: In The Know Briefing RoomRegWatchHillicon ValleyE2-WireFloor ActionOn The MoneyHealthwatchTransportationDEFCON HillGlobal AffairsCongressBallot BoxIn The KnowPunditsTwitter Room HomeSenateHouseAdministrationCampaignPollsBusiness & LobbyingSunday Talk ShowsBlogsBriefing RoomRegWatchHillicon ValleyE2-WireFloor ActionOn The MoneyHealthwatchTransportationDEFCON HillGlobal AffairsCongressBallot BoxIn The KnowPunditsTwitter RoomOpinionA.B. StoddardBrent BudowskyLanny DavisDavid HillCheri JacobusMark MellmanDick MorrisMarkos Moulitsas (Kos)Robin BronkEditorialsLettersOp-EdsJuan WilliamsJudd GreggChristian HeinzeKaren FinneyJohn FeeheryCapital LivingCover StoriesFood & DrinkAnnouncementsNew Member of the WeekMy 5 Min. W/ObamaAll Capital LivingVideoHillTubeEventsVideoClassifiedsJobsClassifiedsResourcesMobile SiteiPhoneAndroidiPadLawmaker RatingsWhite PapersOrder ReprintsLast 6 IssuesOutside LinksRSS FeedsContact UsAdvertiseReach UsSubmitting LettersSubmitting Op-edsSubscriptions THE HILL  commentE-mailPrintshare Immigration reform a pivotal point in our educational and economic competitivenessBy Domenic Giandomenico, Democrats for Education Reform-04/18/13 03:00 PM ET Tweet !function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src="//platform.twitter.com/widgets.js";fjs.parentNode.insertBefore(js,fjs);}}(document,"script","twitter-wjs");

The ”Gang of Eight” had the right idea in supporting efforts to increase STEM (science, technology, engineering, and mathematics) education in the United States as part of the immigration reform package they unveiled Wednesday. But it’s hard to imagine that the “Border Security, Economic Opportunity, and Immigration Modernization Act,” which raises the cap on the H1B visas that allow companies to employ foreigners in U.S. STEM-based jobs, will lead to any meaningful improvement in STEM education for U.S. students or in American workers’ ability to compete for these jobs in the future.

One of the major obstacles negotiators faced in crafting the immigration reform package was the issue of foreign workers and U.S. jobs. The deal on whether and how foreign workers may take lower-skill U.S. jobs was forged only after intense negotiations between business and labor unions. So far, however, no one with comparable political heft is fighting hard for the interests of tomorrow’s workers – today’s U.S. students.
 
In a typical year more than 100,000 workers obtain H1B visas that allow companies to employ them in high-skill U.S. jobs. In order to obtain such visas, companies must demonstrate that they cannot find qualified candidates among U.S. citizens. The extent to which H1B visas will be needed in the future depends on how successful the U.S. education system is at providing today’s students with the STEM training needed to fill these high-skill jobs. Each U.S. student who is not provided with an adequate education in the areas of STEM represents a future adult at risk of becoming chronically low paid and under-employed because of his or her competitive disadvantage compared to a foreign student.
 
This immigration reform deal aims to provide employers with the chance to effectively buy additional H1B visas, funneling revenues towards improving STEM education in the U.S. It also changes the H1B visa cap for foreign students who obtain an advanced degree in a STEM field at an American university.
 
Disappointingly, both the money devoted to U.S. STEM education under these provisions, and the policies attached to them, amount to little more than lip-service to solve the problem of long-term education reform and economic competitiveness.
 
The revenues generated from fees on visas would, at best, amount to just over $100 million, less than half of what earlier drafts of the bill promised. So, obviously not all high-tech companies were willing to trade visas for higher levels of education investment. To put the $100 million figure into perspective, Mark Zuckerberg of Facebook, one of the beneficiaries of H1Bs, put more than $100 million into improving education in the city of Newark alone.
 
Worse, this paltry sum would be divided across several federal agencies and about a half-dozen different programs. Unless the fees on H1B sponsorships are raised dramatically, it makes no sense to spread the money out broadly.
 
More concentrated competitive grants like Race to the Top and Investing in Innovation Fund (i3) are more successful models to emulate as driving forces in effecting change at the state and district levels. Ironically, this is the same research and development strategy — emphasizing innovation — that is the key ingredient in making STEM-dependent companies so successful in the first place.
 
We should direct these grants towards the kinds of activities that have the best chance of improving academic achievement in STEM. Bold innovations that provide teachers with high-quality professional development or that pilot more rigorous, technology-driven STEM-aligned standards assessments and curricula would be wise investments. More enterprising efforts could opt to use the funding to pay incentives for STEM teachers or to build out an adjunct faculty corps of STEM educators, not unlike what we see at colleges and universities.
 
The important thing is to begin to build and inform a vision for what it would take to offer all of our children access to a strong STEM education that prepares them for college and careers. While this plan announced by the Gang of 8 has good intentions, it fails to deliver on both the magnitude and intensity of the efforts needed to get us there.
 
If business and labor can succeed in devoting considerable time and resources to protecting low-skill jobs, surely we can do the same with regard to our future high-skill workforce and economic vitality.  Just as with negotiations over low-skill jobs, we owe it to our kids and to our nation’s future to get it right now before taking another step forward.
 
Giandomenico is Legislative Director at Democrats for Education Reform.

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Friday, July 26, 2013

World Famous Neurosurgeon Calls for Market-Oriented Health Care Reform In Front of Obama; Will Media Report?

Ken Shepherd's picture

At his keynote speech at the National Prayer Breakfast this morning, world-renowned neurosurgeon Dr. Benjamin Carson laid out some ideas he had for improving health care in the United States of America. Seated to his right was the president of the United States, who appeared to not care much for the good doctor's market-oriented idea of tax-free Health Savings Accounts. [h/t email tipster Brian Plunkett for bringing this to my attention]

The Insurance & Financial Advisor website has more details (emphases mine; video embedded below):

During his remarks, Carson came up with several solutions to some of America’s most pressing problems, including focusing on the importance of education.

Carson also touched on the economy, saying that he thinks about the issue frequently. “We don’t want to go down the path of many failed nations,” he said, pointing out what he says is “fiscal irresponsibility” in our government.

He seemed to offer the idea of a flat 10% income tax, which would prevent many successful people from taxing their money oversees [sic]. He cited “602 banks in the Cayman Islands” created as havens for those seeking to escape high taxes.

“That money needs to be back here building our infrastructure and creating jobs,” he said.

Carson’s remarks regarding what appeared to be his alternative to the Affordable Care Act (ACA) appeared to make the president uncomfortable at times, with Obama looking down and away as Carson began to describe specific suggestions.

ACA is President Obama’s landmark health reform legislation that was passed in 2010. Carson has spoken openly in the past about alternatives to the law.

“We spend a lot of money on health care, twice as much per capita as anyone else in the world, and yet not very efficient. What can we do?” Carson asked rhetorically. “Here’s my solution. When a person is born, give them a birth certificate, an electronic medical record and a health savings account [HSA] to which money can be contributed pre-tax from the time you’re born to the time you die.”

Carson went on to say that accounts should be passed on to family members, so “there’s nobody talking about death panels,” in an obvious reference to the much debated “panels” discussed during negotiations and after passage of ACA.

Regarding those who cannot afford health insurance, Carson suggested, “We can make contributions to their HSA each month,” he said, adding, “we already have this huge pot of money; instead of sending it to some bureaucracy let’s put it in their HSAs. Now they have some control over their own health care.”

Although Dr. Carson is a devout Christian, it appears there were no remarks made by Dr. Carson that were critical of the president's contraception mandate. That being said, it is gutsy to offer comments in a public forum which don't square with the president's left-wing agenda on health care, even though Carson did so respectfully and without any partisan invective.

All the same, don't expect the media to note Carson's ideas, which are fundamentally about empowering the individual and not the government.


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Monday, July 22, 2013

Agribusiness Pushes To Lower Farm Workers’ Wages May Undermine Deal On Immigration Reform

As lawmakers prepare to release legislative language for proposals that would allow an estimated 11.2 million undocumented immigrants to earn a path to citizenship, a small bipartisan group of senators is struggling to reach a deal for how to create a steady supply of labor for farmers and growers, threatening to undermine the newfound momentum for comprehensive reform.

Lawmakers agree that the roughly 1 million individuals currently working without legal status in the agricultural industry are essential to maintaining America’s food supply and should be able to achieve legal status through an expedited legalization process. But the parties remain deeply divided over how to treat future flows of farm workers. Four senators — Dianne Feinstein (D-CA), Orrin Hatch (R-UT), Marco Rubio (R-FL), and Michael Bennet (D-CO) — are currently involved in tense negotiations between growers and advocates for farm workers, represented by United Farm Workers of America. The talks, which hinge on the wages workers should earn and the number of new visas that should be issued, are close to a standstill, sources involved in the negotiations tell ThinkProgress, as the growers refuse to make concessions and are insisting on paying future farm workers less than they are earning now.

Under current law, growers can legally bring foreign agricultural workers into the United States under the H-2A visa program after making an active effort to recruit U.S. workers in areas of expected labor supply. Employers must pay the higher of the state or federal minimum wage, a local prevailing wage rate or the adverse effect wage rate (AEWR), a Reagan era formula based on the USDA Farm Labor Survey of the average wages of nonsupervisory field and livestock workers. Growers who import labor are prohibited from paying their agricultural workers less than the average of the wages in their region and are exempt from paying Social Security and Medicare taxes on H-2A compensation. As a result, foreign workers cost growers an average of 11 percent less than American workers.

Lax enforcement of H-2A standards, however, has allowed growers to routinely circumvent protections, including advertising requirements and the hiring of illegal international recruiters to import even cheaper labor from Mexico. Workers on H-2A visas, advocates say, are abused by employers, cheated out of pay, and lack basic labor protections like occupational safety standards. Farm workers are paid some of the lowest wages in the country and are more likely to live in poverty and lack basic access to health care than salary employees.

Groups representing farm workers argue that the H-2A system is rifle with abuse, while growers complain that red tape, mass delays, and overregulation serve as barriers to importing needed labor. Both sides have now agreed to establish a new visa program outside of the H-2A structure that would be included in a broader immigration reform deal — but are very far apart in the details of that plan.

Individuals involved in the negotiations say that growers are demanding wage standards that would amount to a significant reduction from the current AEWR formula, allowing employers to import cheap foreign labor while significantly undercutting American workers and lowering the earning potential of future streams of workers. Growers, whose opening offer would have paid workers just 10 percent above the federal minimum wage, have proposed numerous pay formulas, one person directly involved in the negotiations told ThinkProgress, but appear uninterested in compromising with labor groups. Kristi Boswell, Director of Congressional Relations at the American Farm Bureau — the organization representing growers — pushed back against that formulation, saying that while the discussions are “ongoing,” the growers’ proposals would “increase wages” for farmers and would better represent market conditions. The current AEWR average is $10.80, while grower proposals would pay workers less than $8.

“It must take incredible willpower for growers to utter the words ‘farmworkers are overpaid’ with a straight face,” Marshall Fitz, Director of Immigration Policy at the Center for American Progress, said. Farm workers “are the most difficult and physically demanding jobs in America and are performed by workers making barely above the minimum wage.”

A policy analyst close to the negotiations told ThinkProgress that growers may be refusing to give ground during Senate negotiations in hopes of securing a more favorable agreement in Republican-controlled House. But GOP senators taking part in the talks are growing frustrated, and immigration reform advocates fear that without a clear deal governing future flows of immigrants, comprehensive reform may be in trouble.

“Agribusiness lobby power has kept farm workers excluded from every major labor law for decades,” said Maria Machuca, spokeswoman for the Keene, California-based UFW, in an e-mail. “It would be a grievous mistake to allow agribusiness to use the debate over immigration reform to further reduce wages of the poorest workers in the country.”


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Friday, July 19, 2013

Brownback touts Kansas tax reform as model for nation

Kansas Gov. Sam Brownback (R) held his state up as an example of a path forward for America in the weekly Republican Party address, touting the state's conservative tax policy as a model for others.

Brownback says in the address that the 30 Republican governors nationwide are enacting "ideas that work" to improve their states' economies.

“They involve a more focused government that costs less. A taxing structure that encourages growth. An education system that produces measurable results. And a renewed focus on the incredible dignity of each and every person, no matter who they are," he says.

During his tenure as governor, Brownback has pursued the kind of tax reform national Republicans have sought in recent years. He consolidated income tax brackets and eliminated certain taxes on some small businesses, and recently proposed eliminating the state income tax entirely for Kansans.

To pay for the proposal, Brownback would make a sales tax increase permanent, eliminate the mortgage interest deduction in the state and repeal certain tax credits, including food, rental housing and child care, which, according to The New York Times, would benefit low-income residents of the state.

Critics charge that Brownback's plan would disproportionately hurt low-income residents, to the benefit of wealthy Kansans. But Brownback said in the address that his policies have made Kansas one of the most pro-business states in the nation.

“My objective is to make Kansas the best place in America to raise a family and grow a business. Now, for those who come to our state because of lower taxes, opportunities abound," he said.

Brownback's argument in favor of tax cuts comes as a debate over taxes are again likely to emerge in the national debate.

The White House announced Friday that President Obama's budget, to be revealed next week, will include entitlement reform, but that Obama will only support the reform if Republicans are willing to raise taxes on wealthy Americans and corporations.

Republicans slammed the proposal, with House Speaker John Boehner (R-Ohio) accusing Obama of holding necessary reforms "hostage" in exchange for higher taxes.

"If the president believes these modest entitlement savings are needed to help shore up these programs, there's no reason they should be held hostage for more tax hikes," Boehner said in a statement. "That’s no way to lead and move the country forward."

Republicans have held up states like Kansas as evidence that cutting taxes is the best way to spur economic growth. The debate over tax reform is likely to escalate next week, as both sides return to the table to negotiate a budget agreement following Friday's dismal jobs report.

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Wednesday, July 17, 2013

Cruz: Obama pushing path to citizenship as ‘poison pill’ to kill immigration reform

President Obama is pushing a path to citizenship as a "poison pill" to prevent meaningful immigration reform, Sen. Ted Cruz (R-Texas) charged Monday.

"The part that I’ve got deep concerns about is any path to citizenship for those who are here illegally," Cruz said during an interview with Sean Hannity. "I think that is profoundly unfair to the millions of legal immigrants who have followed the rules, who have waited in line.

"I think the reason that President Obama is insisting on a path to citizenship is that it is designed to be a poison pill to scuttle the whole bill, so he can have a political issue in 2014 and 2016. I think that's really unfortunate," continued Cruz.

The Tea Party favorite said Congress could easily pass a comprehensive immigration reform deal if Democrats, and particularly Obama, stopped demanding the inclusion of a pathway to citizenship for immigrants living in the country illegally.

Cruz's comments came as a bipartisan group of senators indicate that it's nearly done crafting a broad immigration bill. The so-called "Gang of Eight" hopes to unveil the legislation in April, with Sen. Lindsey Graham on Sunday suggesting that the group could unveil legislation as early as next week. 

On Monday, the White House said that it was "encouraged" by the progress the group has made. The Senate bill is likely to call for increasing border security, introduce a pathway to citizenship, and increasing visas for high-school workers. A House bipartisan group is also working on its own immigration reform plan.

But Cruz argued that the president knows a path to citizenship effectively kills any immigration reform proposal.

"If he actually really wanted to get something passed, he wouldn't be rolling this out as a partisan attack issue," Cruz said. "You look at the State of the Union, that was a divisive speech, that was in your face. And he knows full well that a path to citizenship won't pass the House."

"He knows that it's a partisan, divisive issue and he holds everything else hostage to that wedge issue," Cruz added.

Asked what exactly he would like to see in an immigration reform bill, Cruz said that legislation should include "tripling the border patrol" and streamlining the immigration process for legal immigrants. 

"I think that it is likely that there could be some bipartisan solution to those who are here illegally if a path to citizenship were taken off the table," Cruz continued. "But as long as the president and [Senate Majority Leader Harry Reid (D-Nev.)] insist on a path to citizenship they know full well it will never pass the House of Representatives and then it's just a political football rather than actually trying to fix the problem."

Cruz predicted that an immigration reform plan would likely pass the Senate before being defeated in the House and said the White House was prepared to exploit that politically. 

"Look, they have the votes to force something through the Senate. I think whatever mess comes out of the so-called Gang of Eight, all or virtually all of the Democrats will vote for it and it's likely they'll get a fair number of Republicans to vote for it to so they can probably get it through the Senate," Cruz added. "If it includes a path to citizenship, I don't think it'll pass the House, and I think that's exactly what the Obama White House wants."

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Tuesday, July 16, 2013

Why LGBT Undocumented People Need Immigration Reform

Our guest bloggers are Crosby Burns and Ann Garcia, policy analysts at the Center for American Progress.

With over a quarter of a million people in the U.S. who are both LGBT and undocumented, immigration reform that offers a path to earned citizenship to the undocumented would be a monumental achievement in the fight for LGBT equality. Citizenship would mean better wages, greater employment security, and increased access to social services for a population that exists at intersection of two already marginalized populations—the LGBT population and the undocumented population.

A recent analysis by the Williams Institute found that there were at least 267,000 LGBT undocumented people in the United States today.  Today, the Center for American Progress released a video highlighting the human stories behind the 267,000 people in the United States that are both LGBT and undocumented:

Progress is being made on Capitol Hill toward advancing a bipartisan bill that would lift 11.1 million undocumented immigrants out of the shadows. Right now, we need LGBT voices to come out in support for immigration reform to build on this momentum. In advance of next week’s march for immigration reform in Washington, DC on April 10th, LGBT advocates and allies are hoping to gather at least 267,000 supporters — one for every undocumented LGBT adult living in the U.S. A new petition pledge is providing the opportunity for allies to demonstrate their solidarity.

To sign a pledge and come #out4citizenship, visit www.out4citizenship.org and show support for immigration reform that offers citizenship to the undocumented, whether they are LGBT or not.


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Saturday, June 22, 2013

Medicare’s Demographic Challenge—and the Urgent Need for Reform

Despite the government’s promises to maintain “Medicare as we know it,” the program is already changing. In addition to reduced funding and complex new regulations, Medicare faces enormous demographic shifts: The first wave of the massive baby boom generation is now eligible for Medicare enrollment. Current taxpayers already pay almost nine out of every 10 dollars in total Medicare costs in any given year, and general revenues will account for an increasingly larger share of Medicare spending. The best solution is structural Medicare reform based on a defined-contribution (“premium support”) program of financing, and gradually increasing the eligibility age. Competition among plans and providers, driven by personal choice, will not only secure better value for Medicare dollars, but will also reduce the growth in Medicare spending.

Americans should ignore false promises to keep “Medicare as we know it”—the program is already changing. Under the misnamed Patient Protection and Affordable Care Act of 2010, Congress and President Barack Obama have already enacted big reductions in Medicare funding (amounting to $716 billion over the next 10 years[1]), as well as complex new rules governing federal reimbursements to doctors and hospitals. But beyond the changes wrought by the new health care law, Medicare is facing enormous demographic changes: The first wave of the massive baby boom generation—the 77 million people born between 1946 and 1964—is now becoming eligible for Medicare enrollment.

The sheer number of beneficiaries is projected to grow from 50.7 million in 2012 to 81 million in 2030.[2] This will create an unprecedented demand for technologically advancing medical services in the 21st century. Current taxpayers already pay almost nine out of every 10 dollars in total Medicare costs in any given year, and general revenues will account for an increasingly larger share of Medicare spending [3] In other words, current and future taxpayers are being saddled with enormous obligations.

Fastest-Growing Part of Federal Budget 

In the near term, Congress and the Administration should undertake a series of changes to the current program that would alleviate the fiscal impact of these demographic pressures. Such initiatives would include (1) gradually raising the age of eligibility for Medicare (and Social Security) to 68; (2) repealing existing penalties for late enrollment in Medicare for those who remain in private, employer-based coverage; and (3) tax relief for employees (and their employers) for those workers who continue to work beyond the standard retirement age.

The long-term solution to the demographic challenge is a full transition of Medicare to a program based on defined-contribution (“premium support”) financing. The per-capita government payment to health plans, including traditional Medicare, would be centered on a market-based bidding for the provision of traditional Medicare benefits. Plans and providers would thus compete to provide the best package of guaranteed benefits at the most competitive price. This would not only spur innovation in the delivery of medical services, but would also secure value for the Medicare dollars. Intense competition would slow the growth of Medicare spending, and secure program savings that would, over time, benefit Medicare recipients and taxpayers alike.

Medicare spending is projected to rise significantly over the next 25 years as the baby boomers enroll in the program. Under the most realistic scenario, the Medicare Trustees project that Medicare spending will rise from 3.7 percent of gross domestic product (GDP) in 2011 to 7 percent of GDP in 2040, and 10.3 percent of GDP in 2085.[4]

A major reason for the future growth in health care programs’ spending is the aging population. While the costs per beneficiary are rising, it is the sheer number of eligible beneficiaries that is driving Medicare costs up so dramatically. The Congressional Budget Office (CBO) states that “[t]hrough 2022, the aging of the population will cause spending on the major health care programs and Social Security to rise significantly.... In fact, during that period, almost all of the projected growth in such spending as a share of GDP is effectively the result of aging.”[5]

Through 2037, under the alternative fiscal scenario, which uses more realistic assumptions, the CBO attributes 52 percent of the reason for projected growth of this magnitude to the aging population, with the other 48 percent attributed to excess health care cost growth. Under the budget scenario that reflects current law, the CBO holds aging responsible for 60 percent of the cause in spending growth.[6] 

 Longer Life Expectancy Means Longer Enrollment

The massive projected increase in Medicare spending and enrollment is contributing to financing shortfalls. The hospital insurance trust fund, which funds Medicare Part A, has been running deficits each year since 2008 and is projected to be exhausted by 2024.[7] Moreover, under a more realistic scenario, Medicare has a long-term unfunded obligation of $37 trillion; in other words, Medicare will have promised seniors and disabled citizens $37 trillion worth of unpaid benefits.[8] Once again, this means that taxpayers are faced with increasing burdens, the sheer size of which they can barely imagine.

Today’s Medicare eligibility standards are rooted in the entitlement policies of the 1930s and the 1960s. When Social Security was enacted in 1935, the average American life span was 62 years, but Congress and President Franklin D. Roosevelt set the retirement age at 65. In 1961, Congress and President John F. Kennedy established an early retirement eligibility at age 62, allowing early retirees to collect a reduced Social Security benefit.

Labor force participation among older workers changed in part due to the introduction of the Social Security entitlement. In 1930, 60 percent of men aged 65 and above who could work did so; and virtually everyone in the 1940s and 1950s who left the workforce did so because of necessity, that is, a job loss, or unemployment related to poor health or incapacity.[9] By the 1960s and 1970s, between 20 percent and 30 percent of American workers said that they retired because they wanted to do so.[10] Since the 1960s, the number of men who are 65 or older and still in the workforce has shrunk to one out of six.[11]

Number of Workers per Medicare Beneficiary is falling

In 1965, when Congress and President Lyndon B. Johnson enacted Medicare, they retained Social Security’s standard retirement age of 65 as the age of eligibility for Medicare. By 1965, however, the average life expectancy had increased to 70.2 years. By 2008, the average life span was 77.8 years, and is projected to reach 81.5 years by 2030.[12] In 2009, Americans had already exceeded the life expectancy that the Medicare Trustees had projected for 2025.[13]

Meanwhile, fewer children have been born to support America’s much larger and older retired population. Between 1973 and 1988, the U.S. fertility rate stabilized at 1.8 to 1.9 births per woman, compared to the 2.1 lifetime births per woman required to maintain a constant population.[14] In other words, the baby boomers did not replace themselves.

A related development is the decline in the ratio of workers to retirees, which is critically important because current workers pay for current beneficiaries through the Medicare payroll tax. When Medicare first began in 1965, there were 4.5 workers per beneficiary. The ratio has since declined, standing at 3.3 workers in 2011, and is projected to decline further to just 2.3 workers per beneficiary by 2030. For a perspective on the magnitude of this demographic shift, consider the fact that in 1950, there were 16 persons working and paying taxes to support one person drawing Social Security benefits.[15]

In 1983, Congress and President Ronald Reagan, following a report from the Greenspan Commission, gradually raised the standard retirement age for Social Security from 65 to 67. Today, people born in 1937 or before retain the legal right to collect full benefits at age 65. For those born between 1943 and 1954, the retirement age is 66. For those born in 1960 or later, the retirement age is 67.

As a matter of social policy, it is worth noting that surveys show a positive relationship between work and health and happiness.[16] Congress should not ignore the potential social benefits of greater workforce participation among older Americans.

The CBO has already estimated that this limited change will increase American workforce participation for those aged 65 and above.[17] Such a policy would not only help to improve Medicare’s financing, it would also provide stronger incentives for seniors to increase their retirement savings and contribute to overall economic growth.[18]

The CBO has also projected the budgetary impact of a gradual increase in the age of Medicare eligibility from 65 to 67 for the tail end of the baby boom generation. By raising the age of eligibility by two months every year, beginning for those baby boomers born in 1949, it would reach 67 for those born in 1960. This change would save $148 billion in Medicare spending between 2012 and 2021.[19]

A bipartisan consensus is emerging on raising the age of Medicare eligibility. The Business Roundtable, an association of leading American companies, has recently proposed that Medicare’s age of eligibility should be increased to 70, while not affecting any person today who is 55 or older[20] The American Hospital Association supports gradually raising the eligibility age to 67.[21] In addition, Senator Orrin Hatch (R–UT) recently proposed raising the eligibility age to 67 in a major speech on the Senate floor, as a key entitlement reform that should be a part of any deficit reduction package.[22] Likewise, Alice Rivlin, a senior fellow at the Brookings Institution and former director of the Congressional Budget Office, and William Galston, a former adviser to President Bill Clinton, have endorsed raising the retirement age to 67. President Obama, during his 2011 discussions with congressional leaders on the debt ceiling, also agreed to raise the age of eligibility to 67.[23] It is unclear whether the White House would support such a change today.

In keeping with the goal of comprehensive Medicare reform, Congress should take three initial steps:

Raise the standard age of eligibility for both Medicare and Social Security to 68 over the course of 10 years, and thereafter index the eligibility age to longevity.[24] The Heritage Foundation’s Center for Data Analysis estimates that raising the Medicare eligibility age to 68 at the rate of two months per year beginning in 2012 would save $52.8 billion over five years and $243.6 billion over 10 years.[25]Repeal the 10 percent penalty for late enrollment in Medicare Part B for seniors who remain in employment-sponsored health plans and thus reduce Medicare costs.[26] Provide tax relief for those who work beyond the standard retirement age. For example, under the Heritage Saving the American Dream proposal, any person, regardless of income, who works beyond the standard retirement age would automatically qualify for an annual $10,000 tax deduction.[27]

The best policy for coping with the retirement of the massive baby boom generation is structural Medicare reform based on a defined-contribution (“premium support”) program of financing. The Heritage Foundation has developed the components of such a reform in detail.[28]

Under such a reform, which would build upon the experience of Medicare Part D and the success of the popular Federal Employees Health Benefits Program (FEHBP), government payment to competing health plans (including traditional Medicare) would be calculated based on market-based bids to provide Medicare benefits, and beneficiaries would choose the plan that best meets their personal needs. Intense market competition among plans and providers, driven by personal choice, will not only secure better value for Medicare dollars, but will also reduce the growth in Medicare spending.

Robert E. Moffit, PhD, is Senior Fellow in the Center for Policy Innovation at The Heritage Foundation. Alyene Senger is a Research Assistant in the Center for Health Policy Studies at The Heritage Foundation.

[1] Douglas W. Elmendorf, Director, Congressional Budget Office, letter to Speaker John Boehner, U.S. House of Representatives, July 24, 2012, p. 13, http://www.cbo.gov/sites/default/files/cbofiles/attachments/43471-hr6079.pdf (accessed March 6, 2013).

[2] Centers for Medicare and Medicaid Services, 2012 Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, April 23, 2012, p. 209, http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/ReportsTrustFunds/Downloads/TR2012.pdf (accessed March 6, 2013).

[3] Ibid., p. 25.

[4] Ibid., p. 5.

[5] Congressional Budget Office, The 2012 Long-Term Budget Outlook, June 2012, p. 14, http://www.cbo.gov/sites/default/files/cbofiles/attachments/06-05-Long-Term_Budget_Outlook_2.pdf (accessed March 6, 2013). (Emphasis Added.)

[6] Ibid., p. 15.

[7] 2012 Medicare Trustees Report, p. 27.

[8] Suzanne Codespote, “Medicare Unfunded Obligations for 2012 Trustees Report,” Centers for Medicare and Medicaid Services, Office of the Actuary, letter to the Senate Budget Committee, April 23, 2012. The long-term actuarial window for the Medicare Trustees is 75 years.

[9] Jill Quadagno and Joseph Quinn, “Does Social Security Discourage Work?” in Eric R. Kingson and James H. Schulz, Social Security in the 21st Century (Oxford: Oxford University Press, 1997), p. 138.

[10] Ibid.

[11] Ibid., p. 135.

[12] U.S. Census Bureau, “Births, Deaths, Marriages, & Divorces: Life Expectancy,” The 2012 Statistical Abstract, http://www.census.gov/compendia/statab/cats/births_deaths_marriages_divorces/life_expectancy.html (accessed March 6, 20134), and U.S. Census Bureau, “2012 National Population Projections: Summary Tables,” Table 10, http://www.census.gov/population/projections/data/national/2012/summarytables.html (accessed March 6, 2013). See also Richard Thomas, “Eldercare: The Challenge of the Twenty First Century,” Harvard Generations Policy Journal, Vol. 1 (Winter 2004), p. 39.

[13] Denis Cortese, Natalie Landman, and Robert K. Smoldt, “A Roadmap to Medicare Sustainability,” a joint paper prepared by scholars from Arizona State University and the Health Transformation Institute, February 2013, p. 83.

[14] Peter J. Ferrara and Michael Tanner, A New Deal for Social Security (Washington, DC: The Cato Institute, 1998), p. 40.

[15] Ibid.

[16] Daniela Yu and Jim Harter, “In U.S., Engaged Employees Exercise More, Eat Healthier,” January 16, 2003, http://www.gallup.com/poll/159845/engaged-employees-exercise-east-healthier.aspx (accessed March 6, 2013), and “Are We Happy Yet?” Pew Research Social and Demographic Trends, February 13, 2006, http://pewsocialtrends.org/2006/02/13/are-we-happy-yet (accessed January 22, 2013).

[17] Joyce Manchester, “ How Will Older Peoples’ Participation in the Labor Force be Affected by the Coming Increase in the Full Retirement Age for Social Security?” Congressional Budget Office blog, January 9, 2013, http://www.cbo.gov/publication/43834 (accessed March 6, 2013).

[18] Cortese et al., “A Roadmap to Medicare Sustainability,” p. 88.

[19] Congressional Budget Office, “Raising the Ages of Eligibility for Medicare and Social Security,” Issue Brief, January 2012, p. 6, http://www.cbo.gov/sites/default/files/cbofiles/attachments/01-10-2012-Medicare_SS_EligibilityAgesBrief.pdf (accessed March 6, 2013). This estimate was based on the change being in effect in 2014.

[20] The Business Roundtable, “Social Security Reform and Medicare Modernization Proposals,” January 2013, p. 3.

[21] Susan Jaffe, “Medicare Eligibility Age Should Go Up, Hospitals Say,” Politico, September 8, 2011, http://www.politico.com/news/stories/0911/63020.html#ixzz2MxbfzuDc (accessed March 11, 2013).

[22] News release, “Hatch Outlines Structural Medicare, Medicaid Reforms that Should Be Part of Deficit Reduction Package,” Senator Orrin Hatch, January 24, 2013, http://www.hatch.senate.gov/public/index.cfm/releases?ID=7fa4c651-1d83-48ef-b3c4-5b23215be2f5 (accessed March 6, 2013).

[23] Janet Adamy, “Debt Deal May Hit Medicare,” The Wall Street Journal, August 2, 2011. However, the President did not include the recommendation to raise the age of eligibility in his September 2011 deficit reduction proposal.

[24] Stuart M. Butler et al., Saving the American Dream: The Heritage Plan to Fix the Debt, Cut Spending, and Restore Prosperity, The Heritage Foundation, 2011, p. 14, http://savingthedream.org/. Under the Heritage proposal, the eligibility age for the early retirement option for Social Security would thus be raised from 62 to 65.

[25] For the Center for Data Analysis methodology, see Appendix B of Robert E. Moffit, “The First Stage of Medicare Reform: Fixing the Current Program,” Heritage Foundation Backgrounder No. 2611, October 17, 2011, http://www.heritage.org/research/reports/2011/10/the-first-stage-of-medicare-reform-fixing-the-current-program. This estimate was based on the change being effective in 2012.

[26] Walton Francis, “Using the Federal Employees’ Model: Nine Tests for Rational Medicare Reform,” Heritage Foundation Backgrounder No. 1675, August 7, 2003, http://www.heritage.org/Research/Reports/2003/08/Using-the-Federal-Employees-Model-Nine-Tests-for-Rational-Medicare-Reform. See also Walton J. Francis, Putting Medicare Consumers in Charge: Lessons from The FEHBP (Washington: AEI Press, 2009), pp. 98–99.

[27] Butler et al., Saving the American Dream, p. 14.

[28] Robert E. Moffit, “The Second Stage of Medicare Reform: Moving to a Premium Support Program,” Heritage Foundation Backgrounder No. 2626, November 28, 2011, http://report.heritage.org/bg2626.


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Medicare’s Outdated Structure—and the Urgent Need for Reform

The structure of Medicare determines how it functions. It also entails undesirable consequences, such as requiring Medicare beneficiaries to pay additional premiums and purchase supplemental coverage; employing price controls that often result in underpayment or overpayment for medical goods and services; placing massive regulation on doctors, hospitals, and other medical professionals; generating tens of billions of dollars annually in waste, fraud, and abuse; and using an administrative payment system that, as an arena for special interest lobbying, results in the politicization of decisions over health care financing and delivery for America’s senior and disabled citizens. The best policy for fixing the inherently flawed and outdated Medicare program, while improving it as an insurance program for seniors, is structural Medicare reform based on a defined-contribution (“premium support”) program of financing.

Traditional Medicare, which liberals once envisioned as the foundation for national health insurance for all ages,[1] is a fee-for-service model rooted in the 1960s. Its outdated structure makes the program fundamentally flawed, as the editors of The Washington Post remarked recently: “Medicare as we know it is not sustainable” and the “ultimate solution” is structural reform.[2]

Medicare’s current structure determines the way it functions. It also entails certain undesirable consequences. For example, it requires Medicare beneficiaries to pay additional premiums and purchase supplemental coverage; employs price controls to control costs that often result in underpayment or overpayment for medical goods and services; places massive levels of detailed regulation on doctors, hospitals, and other medical professionals; generates tens of billions of dollars annually in waste, fraud, and abuse; and uses an administrative payment system that, as an arena for special interest lobbying, results in the politicization of decisions over health care financing and delivery for America’s senior and disabled citizens.

While Congress should enact comprehensive reform based on a defined-contribution system, like that which funds the Medicare drug-benefit program, there are several short-term measures that can improve the structure of the existing program: the unification of Parts A, B, and D into a single plan; reform of Medicare cost sharing combined with the addition of a Medicare catastrophic benefit; and a restructuring of the Medicare-Medigap relationship with a view toward limiting first-dollar coverage and the excessive use of medical services that drives up beneficiary premiums and taxpayer costs.

Today’s Medicare program is organized into four parts. Each part is financed on an entirely different basis, with different streams of premium payments, revenue, and taxpayer subsidies, as well as complex cost-sharing arrangements.

Medicare Part A. The Hospitalization Insurance (HI) program pays for hospital and certain home health care services; it is funded by a 2.9 percent Medicare payroll tax, equally divided (1.45 percent each) between employers and employees. These funds are deposited in the Hospital Insurance Trust Fund (often called the “Medicare Trust Fund” in the media) to pay hospital insurance benefits. Part A benefits are thus available “premium free” except for persons who have not worked and paid sufficient Medicare payroll taxes.[3] So, the Medicare hospitalization program is a classic pay-as-you-go system; today’s workers primarily fund today’s retirees—not tomorrow’s. Unlike Social Security, there is no cap on this portion of the federal payroll tax.

Beginning in 2013, under the euphemistically named Patient Protection and Affordable Care Act, the payroll tax for upper-income citizens (defined as individuals with annual incomes of more than $200,000 and couples with more than $250,000) is increased by 0.9 percent, for a total of 3.8 percent. In addition, for upper-income Americans, the “Medicare Payroll Tax” is also extended to “unearned income,” including stocks, bonds, mutual funds, and, in certain cases, proceeds from the sale of a home. This revenue does not, in fact, go into the Medicare Trust Fund, but instead funds the provisions of the Affordable Care Act.[4]

Medicare Part B. The Supplementary Medical Insurance (SMI) program pays doctors, funds outpatient medical services, and covers payments for a certain class of drugs, usually physician-infused chemotherapy or biologics. Part B is financed by a combination of beneficiary premiums and federal taxpayer subsidies; federal taxpayer subsidies from general revenues automatically pay 75 percent of the program’s total costs, while beneficiaries pay only 25 percent of total premium costs. Unlike Medicare Part A, which has a fixed funding stream based on payroll taxes, Part B expenses are covered automatically by general revenues from federal income taxes and business taxes.

Medicare Part C. Medicare Advantage (MA) is a system of competing and regulated private health plans. It enrolls about 27 percent of all Medicare beneficiaries. The program is financed by a combination of Part B premiums and federal payments. Unlike traditional Medicare, the payments to these plans are geographically based on a system of “competitive bidding” to provide Medicare A and B benefits. But the actual payments to these plans are not based on pure market bidding—rather, the government payments are “benchmarked” to Medicare’s existing administrative payments in the geographical area for traditional Medicare benefits.[5]

If a plan’s bid is lower than the government benchmark, it must rebate 75 percent of the savings to the beneficiary in the form of lower premiums or richer benefits; the remaining 25 percent of the savings is retained by the federal government. A majority of MA plans bid below the benchmark; thus, since 2007, between 85 percent and 94 percent of participating seniors have had the option of enrolling in private plans while paying no premium other than the standard Medicare Part B premium.[6]

In addition, because of the rebates, MA plans offer more comprehensive coverage. Most notably, unlike traditional Medicare, MA plans cap out-of-pocket costs, which eliminates the need for beneficiaries to purchase separate supplemental insurance. Further, many plans include prescription drug coverage. In fact, 21 percent of all beneficiaries in 2010 received their drug coverage through a Medicare Advantage prescription drug plan.[7]

Medicare Part D. The Medicare prescription drug program provides stand-alone drug coverage for Medicare beneficiaries through a system of competing private plans. About 90 percent of seniors today have drug coverage, and about 60 percent of them get that coverage through prescription drug plans. Part D is also financed by a combination of beneficiary Part D premiums and state and federal taxpayer subsidies. Federal revenues account for roughly 80 percent of program costs. A crucial difference in Part D, however, is that the payment to plans for providing a standard drug benefit is based solely on a competitive bidding process among competing plans; it is not tied to traditional Medicare’s administrative payment system, but represents the plans’ market bids for the standard drug benefit. The government makes its payment 75 percent to the plan of the beneficiary’s choice. Medicare Part D, in other words, operates on a defined-contribution (“premium support”) basis similar to that of the Federal Employees Health Benefits Program (FEHBP).[8]

Traditional Medicare has certain undesirable consequences. These are inevitable as long as the basic structure of this Great Society program remains as it is today. For example:

The Need for Supplemental Coverage. Medicare still does not protect beneficiaries from catastrophic costs, causing about 90 percent of all beneficiaries enrolled in traditional Medicare (Parts A and B) to enroll in supplemental insurance plans, mostly private plans or Medigap plans. Seniors pay extra premiums and enroll in these private plans to plug the coverage gaps in traditional Medicare and limit out-of-pocket costs.

While supplemental coverage fills benefit gaps, it also covers cost sharing and thus encourages first-dollar coverage, especially in Medigap plans, which leads to excessive use of medical services. The cost estimates vary, but point to much higher total costs for the Medicare program. As Daniel P. Kessler, professor at the graduate school of business at Stanford University, says,

These policies have an adverse effect on Medicare’s finances, because they effectively eliminate cost sharing as a motivator to keep health care consumption in check. After all, if seniors have supplemental insurance, they basically have free health care—which means they pay no price for seeking more and more care. Several studies have shown that this leads to significantly greater spending, and only marginal medical benefit.[9]

Outpatient elective procedures, says Kessler, is where one finds the greatest utilization, and the Medicare Payment Advisory Commission, the panel that advises Congress on Medicare reimbursement, has estimated that today’s supplemental coverage arrangements have resulted in 33 percent more Medicare spending.[10] Summarizing earlier literature on the subject, Walton Francis, a prominent Washington-based health care economist, estimates that this structural feature adds between 15 percent and 25 percent to program costs.[11]

The Distortions of Flawed Price Controls. Medicare’s rigid price controls and massive regulatory regime reflect its structural design. The complexity of the varying processes and payment rates results in a patently nonsensical detachment from the real conditions of supply and demand for medical care.

Price controls and payment restrictions placed on health plans, doctors, hospitals, home health agencies, nursing homes, and other medical professionals directly affect the beneficiaries who depend on their services.

For doctors, traditional Medicare provides fee-for-service medical care in name only, because all fees are capped by price controls. Since 1989, fees for physicians have been governed by a complex set of administrative payments. Medicare’s physician fee for any given medical procedure or service is based on a formula called the resource-based relative value scale (RBRVS). This payment formula used to calculate the time, energy, effort, and practice costs—that is, the resources—that constitute the provision of a medical service. It is a social science exercise, removed from the dynamic conditions of the supply and demand for medical services that would otherwise exist in a real market. Physicians are thus paid for thousands of medical services on the basis of this fee schedule, but the payments, as noted, are also capped. The physician payment is also annually updated on the basis of another formula, the sustainable growth rate (SGR). The SGR ties physician payments to the growth of the economy, even though there is also no necessary relationship between the macro-conditions of the general economy and the micro-conditions of supply and demand for medical services.[12] The SGR is so unrealistic that Congress has routinely blocked its implementation since 2003.

In 2011, Medicare paid hospitals only about 69 percent of what private insurers paid, for which Medicare also uses a fixed-payment system.[13] The determination of Medicare payment rates and how they are calculated varies by setting (such as inpatient acute-care hospitals, hospital outpatient departments, physician offices, home health agencies, or skilled nursing facilities). For example, the payment formula for the operating costs of acute-care hospital inpatient stays under Medicare Part A is based on prospectively set rates, called the inpatient prospective payment system (IPPS). Under the IPPS, each case is categorized into one of the 751 Medicare severity diagnosis-related groups (MS-DRGs), which are updated annually.[14] Each has a payment weight assigned to it, based on the average resources used to treat Medicare patients in that MS-DRG. The base payment rate is divided into a labor-related and non-labor share. The labor-related share is adjusted by the wage index applicable to the area where the hospital is located. The wage-adjusted base payment rate is then multiplied by the DRG relative weight to determine the payment for the case.

There is evidence that, as Congress tries to rein in Medicare costs by arbitrarily slashing hospital reimbursements, the hospitals try to make up the difference by shifting costs to the private sector. Hospitals, in particular, make up their losses and maintain their profit margins by charging privately insured patients more than patients who have government-funded insurance. As Dennis Cortese, MD, a professor of health policy at Arizona State University, and his colleagues, observe, “In essence, individuals in the employer-sponsored insurance category are paying an undeclared tax to fund the low reimbursement rates from government programs.”[15] Before the enactment of the Affordable Care Act in 2010, perhaps the largest Medicare payment reductions were embodied in the Balanced Budget Act (BBA) of 1997. Research shows that “[a]t hospitals where Medicare is a small payer relative to private insurers, up to 37 percent of BBA cuts was transferred to private payers through higher payments. In contrast, hospitals with greater reliance on Medicare were more financially distressed, as these hospitals saw large BBA cuts but were limited in their abilities to cost shift.”[16]

Not all medical professionals are equally capable of shifting the burden of Medicare reimbursement cuts. But the lower Medicare payment rates incentivize more and more doctors to favor private patients over Medicare patients, which is why seniors sometimes experience difficulty finding a doctor or accessing care.

The Costs of Regulatory Overkill. Enactment of major amendments to the Medicare law (legislation such as the Balanced Budget Act of 1997, the Medicare Modernization Act of 2003, and the Affordable Care Act of 2010) has added tens of thousands of pages of Medicare rules that are tying up doctors, hospitals, and other medical professionals in fat reams of red tape, reporting requirements, and paperwork.[17] For example, an estimated 80 percent of Medicare doctors are projected to incur financial penalties in 2015 under the Affordable Care Act for not complying with Medicare’s quality reporting standards, at least based on current trends.[18] Compliance with these and other rules imposes a transactional cost on medical practice that affects patient care. Douglas Perednia, MD, formerly a principal investigator of computer imaging for the National Cancer Institute, observes,

A wide range of state and federal rules suck up enormous amounts of provider time and overhead. As time is the only inventory clinicians have, more time spent on administration means that less time will be spent on providing services to patients. Less time with patients yields fewer services and lower total bills. The de facto result is a rationing of care.[19]

Medicare is pumping out thousands of pages of new rules, regulations, and guidelines. New rules, published in 2011 and 2012 governing Medicare physicians and hospitals—including updates to the prospective payment system, hospital-based value purchasing, hospital outpatient services, and updates to the physician fee schedule—totaled 4,643 pages in the Federal Register.[20] While seniors are spared the direct impact of the regulatory regime, they are not immune to its consequences, such as difficulty finding a doctor, lost quality time with a physician, or reduced access to care.

More Costly Waste, Fraud, and Abuse. In contrast to consumer-driven insurance systems like the FEHBP, and private insurance in general, traditional Medicare generates enormous costs to the taxpayer from waste, fraud, and abuse. Medicare administrators merely process taxpayers’ dollars, rather than operate under intense market pressures to root out questionable practices that undercut private insurers’ competitive position.

Largely due to the program’s size and complexity, Medicare is at a high risk for waste, fraud, and abuse that leads to improper payments, both overpayments and underpayments. Once again, there is a range of estimates. In 2008, Senator Charles Grassley (R–IA) charged that Medicare was losing approximately $60 billion a year to waste, fraud, and abuse.[21] On the discrete issue of “improper payments,” the Centers for Medicare and Medicaid Services determined in 2011 that Medicare fee-for-service for Parts A and B had an improper payment rate of 8.6 percent, representing $28.8 billion in improper payments.[22] In trying to reduce this cost to taxpayers, the federal government allocated over $608 million in 2011 in an effort to combat health care fraud and abuse.[23]

Honest doctors struggle to cope with the administrative costs imposed on them by this vast regulatory regime, properly fearful of audits, investigations, and fines and penalties. This vast and impenetrable array of rules and restrictions also inhibits innovation in the delivery of care. Not surprisingly, the very complexity of this regime creates exactly the kind of cluttered and confusing environment where dishonest providers can navigate undetected at taxpayers’ expense.[24]

The Continued Politicization of Health Care. Medicare’s coverage and payment decisions are subject to detailed congressional micromanagement. Instead of routine business and medical decisions, Medicare financing and delivery is a great arena for special-interest politics and provider income redistribution, the playground of the “Medicare Industrial Complex.”[25] Rent-seeking lawyers, lobbyists, and consultants, acting on behalf of powerful medical interests and organizations, feverishly engage in an annual fight to secure higher federal payments for themselves and lower federal payments for others. As Heritage Foundation Distinguished Fellow Stuart Butler has observed,

Providers included in the [benefits] package fight diligently—and usually effectively—to block serious attempts to scale back outdated coverage for their specialties. Meanwhile, talk of upgrading the Medicare benefits package unleashes an intense lobbying battle among other specialties that seek to be included in the Medicare benefits package. Invariably, the result depends as much (if not more) on shrewd lobbying than on good medical practice.[26]

The centralized structure of traditional Medicare guarantees this politicization and directly contributes to the program’s notorious waste. In a seminal article for Health Affairs in 1999, former Medicare administrator Bruce Vladeck observed,

There are plenty of $400 toilet seats in the Medicare program, because Medicare cannot deliver services to its beneficiaries without providers and because providers are major sources of employment, political activity and campaign contributions in every congressional district in the nation.[27]

The voluminous Patient Protection and Affordable Care Act of 2010 contains an estimated 165 provisions that affect Medicare. So, the law will indeed make major changes in Medicare “as we know it.” But these changes do not alter the basic structure of the traditional Medicare program. Foremost among these are the enactment of record-breaking payment reductions, a hard cap on the growth of future spending to be enforced by a newly created Independent Payment Advisory Board, and the enactment of new provisions designed to improve the conditions and outcomes of medical practice.

The new law also creates various agencies and programs to accomplish its payment and quality improvement objectives. These include the creation of Accountable Care Organizations (ACOs),[28] which are designed to bring together doctors and hospitals to coordinate care for Medicare patients, apply the government’s quality standards, and allow providers to share savings from compliance with those standards; the Patient-Centered Outcomes Research Institute (PCORI) that will conduct comparative effectiveness research;[29] the Physician Feedback Program, which reports on resources that physicians use in patient care; the creation of a “quality of care” modifier to be factored into the Medicare physician payment system; the extension of the Physician Quality Reporting Initiative, which ties physician bonus payments to reporting data to the Department of Health and Human Services in compliance with government quality standards; and the Center for Medicare and Medicaid Innovation, which is charged with developing new payment and delivery reforms.

Delivery Reforms. A key objective of the new law is to secure lower Medicare costs through the provision of better quality of care. Various provisions are designed to accomplish this goal, including the Hospital Value-based Purchasing Program, which will adjust Medicare payments to reflect hospital compliance with government quality standards, and the Hospital Readmission Reduction Program, which would impose Medicare payment penalties for hospitals with high readmission rates.

Medicare bonus payments and penalties for underperformance are at the heart of the Administration’s delivery reform initiative. Thus far, the best that can be said about this strategy is that the jury is still out. As yet, there is no solid evidence to support the contention that “value-based purchasing” for hospitals or “pay for performance” for physicians will yield serious Medicare cost savings. When the Congressional Budget Office (CBO) initially scored the Affordable Care Act on March 20, 2010, the agency concluded that most of the new law’s delivery reforms would have little if any effect on health care spending. For example, the CBO’s 10-year savings estimate for hospital-based value purchasing, required by Section 3001 of the statute, was zero dollars.[30] The following year, the Medicare Trustees observed, “The ability of new delivery and payment methods to significantly lower cost growth rates is very uncertain at this time, since specific changes have not yet been designed, tested or evaluated.”[31]

In 2012, the CBO released a more comprehensive report on demonstrations of delivery reforms, and concluded:

Results from demonstrations of value-based payment systems were mixed. In one of four demonstrations examined, Medicare made bundled payments that covered all hospital and physician services for heart bypass surgeries; Medicare’s spending for those services was reduced by about 10 percent under the demonstration. Other demonstrations of value-based payment appear to have produced little or no savings for Medicare.[32]

The success of the Administration’s “carrots and sticks” cost-reduction strategy depends on complex interactions among physicians, hospitals, and government authorities, as well as on the ability and willingness of physicians and hospital administrators to continue to comply with the government’s rules and standards for care delivery and reimbursement. But pursuing that strategy may prove to be a serious challenge.[33] There is a clear decline in the morale of the medical profession, and based on a recent survey conducted on behalf of the Physicians Foundation, 59.3 percent of physicians report that they are less positive about the direction of health care because of the enactment of the Affordable Care Act.[34] That survey also shows that, as a result of “ongoing problems” with Medicare payment, 22.9 percent are going to place new or additional limits on their Medicare practice, and 12.6 percent will not accept new Medicare patients.[35]

There is nothing inherently rational about traditional Medicare’s current structure. As a health insurance program, it is clearly deficient.[36] Today’s different parts, with diverse funding streams, are not so much a product of sound policy as they are the vicissitudes of congressional politics.[37] Compatible with comprehensive structural reform, Congress should take these initial steps.[38]

Unify Medicare Parts A, B, and D into a single plan and streamline Medicare’s cost sharing with one premium, one deductible, and a unified trust fund. Turn Medicare into a true insurance plan by adding a catastrophic benefit. Reduce costs and utilization by limiting first-dollar coverage by Medigap plans.

Variations of such an approach have long attracted broad, bipartisan support—such as from the Bipartisan Policy Center, the National Commission on Fiscal Responsibility and Reform, and The Heritage Foundation. As Henry Aaron of the Brookings Institution and Robert Reischauer of the Urban Institute argued in 1995: “Whatever rationale may once have existed for the distinction between services in Parts A and B, medical technology, the development of new forms of service delivery, and new payment structures have rendered it obsolete.”[39] Their argument is even more compelling today.

As Kessler has argued, “Medicare’s out-of-control spending is the natural result of its centralized, politicized structure.”[40] The best policy for fixing the inherently flawed and outdated Medicare program, while improving it as an insurance program for seniors, is structural Medicare reform based on a defined-contribution (“premium support”) program of financing. The Heritage Foundation has developed the components of such a reform in detail.[41]

Under premium support, which would build on the experience of Medicare Part D and the success of the popular Federal Employees Health Benefits Program, government payment to competing health plans (including traditional Medicare) would be calculated on market-based bids to provide Medicare benefits, and beneficiaries would choose the plan that best meets their personal needs. Intense market competition among plans and providers, driven by personal choice, will not only secure better value for Medicare dollars but also slow the growth in Medicare spending.

Robert E. Moffit, PhD, is Senior Fellow in the Center for Policy Innovation at The Heritage Foundation. Alyene Senger is a Research Assistant in the Center for Health Policy Studies at The Heritage Foundation.

[1] “The original hope was that Medicare would grow into a universal health insurance, not coverage only for the elderly, the disabled and those suffering from renal failure.” Theodore Marmor, Spencer Martin, and Jonathan Oberlander, “Medicare and Political Analysis: Omissions, Understandings and Misunderstandings,” Washington and Lee Law Review, Vol. 60, No. 4 (Fall 2003), p. 1151. On the Left, this old hope is very much alive, as evidenced by periodic proposals calling for “Medicare for All.”

[2] “Repairs to Medicare,” The Washington Post, January 6, 2013, http://www.washingtonpost.com/opinions/repairing-medicare/2013/01/06/1646366c-56a3-11e2-a613-ec8d394535c6_story.html (accessed March 6, 2013).

[3] A person must have worked for at least 10 years to qualify for Part A benefits without paying a monthly premium.

[4] As Medicare Trustee Charles Blahous explains, “Though termed an ‘Unearned Income Medicare Contribution’ (UIMC) under the law, this revenue would not come from Medicare’s traditional contribution base and it would not be allocated to a Medicare Trust Fund. The $200,000 and $250,000 income thresholds for triggering this tax would not be indexed and would thus capture (if the law remains unchanged) an increasing number of taxpayers over time.” Charles Blahous, “The Fiscal Consequences of the Affordable Care Act,” Mercatus Center at George Mason University, April 10, 2012, p. 49, http://mercatus.org/sites/default/files/publication/The-Fiscal-Consequences-of-the-Affordable-Care-Act_1.pdf (accessed March 6, 2013).

[5] For further explanation of Medicare Advantage’s financing, see Jeet S. Guram and Robert E. Moffit, “The Medicare Advantage Success Story—Looking beyond the Cost Difference,” The New England Journal of Medicine, March 29, 2012, pp. 1177–1179, http://www.nejm.org/doi/full/10.1056/NEJMp1114019 (accessed March 6, 2013).

[6] Medicare Payment Advisory Commission, A Data Book: Health Care Spending and the Medicare Program, June 2012, p. 159, http://www.medpac.gov/documents/Jun12DataBookEntireReport.pdf(accessed March 6, 2013).

[7] Ibid.

[8] For more information on the FEHBP and its defined-contribution financing, see Stuart Butler and Robert Moffit, “The FEHBP as a Model for a New Medicare Program,” Health Affairs, Vol. 14, No. 4 (1995), pp. 47–61, http://content.healthaffairs.org/content/14/4/47.full.pdf (accessed March 6, 2013).

[9] Daniel P. Kessler, “Real Medicare Reform,” National Affairs (Fall 2012), p. 90, http://www.nationalaffairs.com/publications/detail/real-medicare-reform (accessed March 11, 2013).

[10] Ibid.

[11] Walton J. Francis, Putting Medicare Consumers in Charge: Lessons from the FEHBP (Washington, DC: AEI Press, 2009), p. 27.

[12] Under the SGR formula, in any given year, if physician payment is higher than the growth in GDP, it is automatically reduced the following year. In 2013, Medicare doctors faced a 27 percent payment cut, which, of course, was blocked once again by congressional intervention.

[13] American Hospital Association, Chartbook: Trends Affecting Hospitals and Health Systems, “Chapter 4: Trends in Hospital Financing,” Table 4.4, February 26, 2013, http://www.aha.org/research/reports/tw/chartbook/ch4.shtml (accessed March 6, 2013).

[14] For a list of DRGs in fiscal year 2013, see the Centers for Medicare and Medicaid Services, “Acute Inpatient PPS, Details for Title: FY 2013 Final Rule Tables,” http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/FY-2013-IPPS-Final-Rule-Home-Page-Items/FY2013-Final-Rule-Tables.html (accessed March 6, 2013).

[15] Dennis Cortese, Natalie Landman, and Robert K. Smoldt, “A Roadmap to Medicare Sustainability,” a paper prepared by analysts from Arizona State University and the Healthcare Transformation Institute, February 2013, p. 66.

[16] Vivian Y. Wu, “Hospital Cost Shifting Revisited: New Evidence from the Balanced Budget Act of 1997,” International Journal of Health Care Finance and Economics, Vol. 10, No. 1 (March 2010), pp. 61–83, http://link.springer.com/article/10.1007%2Fs10754-009-9071-5?LI=true (accessed March 6, 2013).

[17] Regulatory excess has been a periodic theme in Medicare reform efforts. Fifteen years ago, the Mayo Foundation for Medical Education and Research presented its findings on Medicare paperwork to the National Bipartisan Commission on the Future of Medicare, and then estimated Medicare’s paperwork burden at 110,758 pages, with the total volume of federal health care regulation, including Medicaid rules, amounting to 132,720 pages. With the Affordable Care Act, another massive expansion of Medicare regulation is well underway.

[18] Elise Viebeck, “Study: Most Medicare Docs Set to Face Performance Penalties,” The Hill, January 8, 2013, http://thehill.com/blogs/healthwatch/medicare/275987-study-most-medicare-docs-set-to-pay-performance-penalties?wpisrc=nl_wonk#ixzz2HULSNo6x (accessed March 6, 2013).

[19] Douglas A. Perednia, Overhauling America’s Healthcare Machine (Upper Saddle River, New Jersey: FT Press, 2011), p. 93.

[20] Cortese et al. “A Roadmap to Medicare Sustainability,” p. 58.

[21] Rita Numeroff and Michael Abrams, Healthcare at a Turning Point: A Roadmap for Change (Boca Raton: CRC Press, 2013), p. 107.

[22] Centers for Medicare and Medicaid Services, “Medicare Fee-for-Service 2011 Improper Payments Report,” http://www.cms.gov/Research-Statistics-Data-and-Systems/Monitoring-Programs/CERT/Downloads/MedicareFFS2011CERTReport.pdf (accessed March 6, 2013).

[23] The Department of Health and Human Services and the Department of Justice, Health Care Fraud and Abuse Control Program, “Annual Report for Fiscal Year 2011,” February 2012, p. 7, https://oig.hhs.gov/publications/docs/hcfac/hcfacreport2011.pdf (accessed March 6, 2012).

[24] For an account of federal efforts to combat Medicare fraud and abuse, see Cliff Binder, “Medicare Program Integrity: Activities to Protect Medicare from Payment Errors, Fraud, and Abuse,” Congressional Research Service, June 23, 2011. Senators Tom Coburn (R–OK) and Thomas Carper (D–DE) have co-sponsored remedial legislation: The Medicare and Medicaid Fighting Fraud and Abuse to Save Taxpayer Dollars Act (S. 1251).

[25] Bruce C. Vladeck, “The Political Economy of Medicare,” Health Affairs, Vol. 18, No. 1 (January/February 1999), pp. 22–36. This essay is the best account yet of the political dynamics of the program.

[26] Stuart M. Butler, “Principles for a Bipartisan Reform of Medicare,” Heritage Foundation Backgrounder No. 1247, January 29, 1999, www.heritage.org/Research/Reports/1999/01/Principles-for-a-Bipartisan-Reform-of-Medicare.

[27] Vladeck, “The Political Economy of Medicare,” pp. 30–31.

[28] For a further discussion on Accountable Care Organizations, see John S. Hoff, “Accountable Care Organizations: Obamacare’s Magic Bullet Misfires,” Heritage Foundation Backgrounder No. 2592, August 10, 2011, www.heritage.org/research/reports/2011/08/accountable-care-organizations-obamacares-magic-bullet-misfires.

[29] For an excellent explanation of comparative effectiveness research and its potential impact, see Kathryn Nix, “Comparative Effectiveness Research Under Obamacare: A Slippery Slope to Health Care Rationing,” Heritage Foundation Backgrounder No. 2679, April 12, 2012, www.heritage.org/research/reports/2012/04/comparative-effectiveness-research-under-obamacare-a-slippery-slope-to-health-care-rationing.

[30] Congressional Budget Office, Douglas Elmendorf, letter to Speaker Nancy Pelosi, March 20, 2010, Table 5, http://www.cbo.gov/sites/default/files/cbofiles/ftpdocs/113xx/doc11379/amendreconprop.pdf (accessed March 6, 2013).

[31] Centers for Medicare and Medicaid Services, 2011 Annual Report of the Boards of Trustees of the Federal Hospital Insurance and Federal Supplemental Medical Insurance Trust Funds, April 23, 2012, p. 41, http://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/ReportsTrustFunds/downloads/tr2011.pdf (accessed March 7, 2013).

[32] Congressional Budget Office, “Lessons from Medicare’s Demonstration Projects on Disease Management, Care Coordination, and Value-Based Payment,” January 18, 2012, http://www.cbo.gov/publication/42860 (accessed March 7, 2013).

[33] Nix, “Comparative Effectiveness Research Under Obamacare.”

[34] The Physicians Foundation, “A Survey of America’s Physicians: Practice Patterns and Perspectives,” September 2012, p. 29.

[35] Ibid., p. 41.

[36] “Medicare fails to perform its insurance function.” Katherine Baicker and Helen Levy, “The Insurance Value of Medicare,” The New England Journal of Medicine, October 31, 2012, http://www.nejm.org/doi/full/10.1056/NEJMp1210789?viewType=Print&viewClass=Print (accessed March 7, 2013).

[37] Marilyn Moon, “Modernizing Medicare’s Benefit Structure,” Washington and Lee University Law Journal, Vol. 60, No. 4 (Fall 2003), p. 1207.

[38] For a further discussion of initial Medicare reform steps, see Robert E. Moffit, “The First Stage of Medicare Reform: Fixing the Current Program,” Heritage Foundation Backgrounder No. 2611, October 17, 2011, www.heritage.org/research/reports/2011/10/the-first-stage-of-medicare-reform-fixing-the-current-program.

[39] Henry J. Aaron and Robert D. Reischauer, “The Medicare Reform Debate: What is The Next Step?” Health Affairs, Vol. 14, No. 4 (1995), p. 14.

[40] Kessler, “Real Medicare Reform,” p. 94.

[41] Robert E. Moffit, “The Second Stage of Medicare Reform: Moving to a Premium Support Program,” Heritage Foundation Backgrounder No. 2626, November 28, 2011, www.heritage.org/research/reports/2011/11/the-second-stage-of-medicare-reform-moving-to-a-premium-support-program.


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