With the rejection in the Senate Finance Committee of two separate proposals to create a substantial public health insurance option and, instead, the approval of the relatively weak co-op proposal (which the CBO estimates to be unlikely to establish a meaningful presence and will result in only half the budget amount of $6 billion will be spent) it seemed as though the public option had breathed its last breath.  However, new developments indicate that the public option, in various forms, is still alive. 

Senator Schumer (D-NY), having failed to pass his “level playing field” public health insurance option proposal in the Finance Committee, is pushing a new public health insurance option that would allow states to “opt out” of the public plan.  The opt-out proposal is gaining fans in the Democratic Caucus, even amongst conservative Democrats who are worried the effects a public plan could have on their state.   

Senator Carper (D-DE) meanwhile has been floating options that would allow states to “opt in” to a federal public insurance plan or for the states to create their own public options.  Under the second proposal, the federal government would provide seed funding. 

In the hope of gaining a “bipartisan” bill, Senator Snowe’s (R-ME) “trigger” public plan option is still being considered as well.   Under this option, a public plan would be introduced if the price of insurance did not decrease. 

Finally, although not discussed often, the fact remains that the Senate HELP bill being merged with the Senate Finance bill contains a nationwide public option for the uninsured and employers with less than 50 employees.  This option is somewhat weaker than the House Tri-Committee bill’s public option because its rates would not be based on Medicare and it would not require Medicare-participating physicians to participate in the new plan.

All of these options provide a menu of choices for those at the negotiating table merging the two bills in the Senate (Reid, Baucus, Dodd, Emanuel, and DeParle).  Estimates are that 52-54 Senators support some type of meaningful public option (more than the co-op proposal).  Supporters now seemingly include Sen. Evan Bayh (D-IN), who explicitly endorsed Senator Carper’s state “opt-in” proposal, a sign that even the most conservative Senate Democrats are at least open to the issue.  

Back to Health Law Advisor Blog

Search This Blog

Blog Editors

Related Services

Topics

Archives

Jump to Page

Subscribe

Sign up to receive an email notification when new Health Law Advisor posts are published:

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.