Founder of the Internet Law Center Santa Monica, California

Host of Cyber Law & Business Report

On WebmasterRadio.fm

Past Co-Chair of the California Bar Cyberspace Committee

Former Asst. General Counsel and Director of Privacy

and Governmental Affairs and Anything Else That Would Help Me Set the

Guinness Book Record for Longest Title

ValueClick – Westlake Village

1978 – Senator Claiborne Pell 1980 – Kennedy for President 1982 – Senate Campaigns in RI and CT

1992-1998 – Co-Founder and National Co-Chair Democratic National Committee Saxophone Club

CAMPAIGNS LOBBYING PUNDITRY

1980 Lobbied RI Gen Assembly on

State Health Plan

1985—1988 Legislative Assistant with DC

Lobbying Firm

2004-2007 Lobbied Washington and

Sacramento on Tech Legislation

CAMPAIGNS LOBBYING PUNDITRY

2004 – Present Political Columnist

Won 3 LA Press Club Awards

2008-2009 Filibanter

CAMPAIGNS LOBBYING PUNDITRY

(78 Seconds)

Round 1

OPPONENTS SUPPORTERS KEY PROVISIONS

American Association of Labor Legislation 1912-1919

Compulsory program providing medical, maternity and death benefits for those making under $1,500 ($27,000 in current dollars)

The Progressive Party

Amer. Medical Association

Organized Labor

Business

Insurance Companies

California Proposition

(1919) Defeated

27% - 73%

Red Sox won 4 World Series

‘12, ‘15, ‘16 and ‘18

Round 3

Wednesday, November 24, Way Back Est. 1869 Price 6d

FDR Signs Social Security Act

1920

AMA House of

Delegates “declares its

opposition to the

institution of any plan

embodying the system

of compulsory

contributory insurance” FDR Dodges Fight with AMA, Strips

Health Care Coverage from Bill.

Member of the Asscoiated Press . Aenean commodo ligula eget dolor.

Aenean. Aenean commodo ligula eget

dolor. Aenhswse. Cejhciebce fcdcdcd.

Harry Truman’s

78 Seconds

• Wagner-Murray-Dingell single

payer plan first introduced (1943)

• Truman Backed Wagner-

Murray-Dingell (1945)

• House Committee Chairman

Refused to Hold Hearings

• Universal Declaration of Human

Rights

Senator Taft:

• I consider it socialism. It is to

my mind the most socialistic

measure this Congress has ever

had before it.

• Walked out of Senate hearing

after saying plan came right

out of Soviet constitution.

• SPENT $19MM IN

CURRENT DOLLARS

• WOULD BE HUGE

EVEN BY TODAY’S

STARDARDS

AMA RECORD FIGHT

Where AMA ‘45 Spending Would Rank in Lobby Spending in Modern Age

YEAR RANK YEAR RANK YEAR RANK

1998 4th 2002 2nd 2006 5th

1999 1st 2003 3rd 2007 6th

2000 2nd 2004 2nd 2008 8th

2001 2nd 2005 6th 2009-2010 11th

Round 6

LBJ Signs Medicare (1965)

Canada Passes Medical Care Act (1966)

1933-1992

• DEMS controlled both

houses of Congress -- 50 years

• DEMS controlled House -- 56 years

GREAT SOCIETY TIMES www.dailynews.com THE WORLD’S FAVOURITE NEWSPAPER - Since 1879

NIXON-CARTER KENNEDY

• Negotiations with

Nixon (1974)

• Hawaii Prepaid

Health Care Act

(1975)

• Confrontation

with Carter

(1978-80)

• COBRA (1985)

• Catastrophic

Health Insurance

(1988)

BUSH

• Repeal of Catastrophic

Health Insurance (1989)

Round 9

KEY PROVISIONS

SUPPORTERS

OPPONENTS

Employer

Mandate to

Provide

insurance

Cost Control

through HMO

managed care.

Organized Labor

Progressive Groups

Business Roundtable

Chamber of Commerce

American Medical

Association

Health Ins. Industry

Association

Business Roundtable

Chamber of Commerce

Nat’l Federation of Independent

Businesses

For it, before they were against it . . .

Year 1935 1945 1965 1994 2010

Senate Then 70 57 68 57 59

After 73 45 64 48 51

Diff +3 -12 -4 -9 -8

House Then 322 243 295 258 256

After 334 188 248 204 235

Diff +12 -55 -47 -54 -21

NEXT

PRES

WON WON LOST WON WON/LOST

???

AVERAGE LOST

6 SENATE & 33 HOUSE SEATS

Round 12

PCT IN

HMO/PPO PLAN

1993 – 47%

2010 – 77%

Average Health Insurance Premiums and

Worker Contributions for Family Coverage, 1999-2009

$4,247

$9,860

$1,543$3,515

1999 2009

Employer Contribution

Worker ContributionNote: The average worker contribution and the average employer contribution may not add to the average total premium due to rounding. Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2009. http://ehbs.kff.org/pdf/2010/8085.pdf

$5,791 128% Worker

Contribution Increase

131% Premium Increase

$13,375

30

138%

159%

42%

31%

0%

20%

40%

60%

80%

100%

120%

140%

160%

180%

1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Health Insurance Premiums

Workers' Contribution to Premiums

Workers' Earnings

Overall Inflation

Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2010. http://ehbs.kff.org/pdf/2010/8085.pdf Bureau of Labor Statistics, Consumer Price Index, U.S. City Average of Annual Inflation (April to April), 1999-2010; Bureau of Labor Statistics, Seasonally Adjusted Data from the Current Employment Statistics Survey, 1999-2010 (April to April).

14.0%13.7%

14.1%

15.1%14.9%

15.3%

15.8%

15.3%

14.7%

68.3%

67.1%

64.4%

63.9%

63.5%

67.9%

62.9%62.9%

65.7%

11%

12%

13%

14%

15%

16%

17%

18%

1999 2000 2001 2002 2003 2004 2005 2006 2007

62%

63%

64%

65%

66%

67%

68%

69%

Under 65, Covered

By Employer

Uninsured

Source: U.S. Census Bureau.

UNINSURED

50.7M

FAMILY INS,

PREMIUM

(2000)

$24,291

FAMILY INS,

PREMIUM (2016)

$6,772

HEALTH

RELATED BKS

2M

PREVENTABLE

DEATHS PER YEAR

22K

DEATHS

SINCE ‘94

290-

350,000

Health Care Reform Dashboard

2003

*Medicare Prescription Drug Benefit

*Maine’s Dirigo Health Reform Act

2006

*“Romney-Care”

*Vermont “Catamount Health”

Round 13

THRILLA

Clinton Lessons

•Failed to Give Congress Input in Drafting

•Had Final Bill too late

•Should have done Welfare Reform before Health Care

•Byrd Rule

• Incremental Reform

•Get a Dog

Lessons Learned? • Failed to Give Congress Input in Drafting

– Obama “subcontracted out” drafting to Congress

• Had Final Bill too late

– Obama – no bill yet to defend during “Town Hall summer”

• Should have done Welfare Reform before Health Care

– Same mistake, should have led with Jobs

• Byrd Rule

– Lesson Learned

• Incremental Reform

– Began administration with S-Chip covering 10M uninsured children

• Get a Dog -

Increase

Deficit

$210 Billion

Passed House 245-189

DC DISTRICT COURT

4TH & 6TH CIRCUIT – CONSTITUTIONAL

11TH CIRCUIT - UNCONSTITUTIONAL

6th Circuit Regulating Impact on

Interstate Commerce

Scoreboard

X

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R? X R?

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Scoreboard

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