Senate Bill Will Include 'Public Option' Opt In – 10/28/2009

The question of whether health care reform will include a public option has been hotly debated for months, with drafts of the legislation including and omitting the idea. While many thought the public option dead in the Senate when the Senate Finance Committee rejected it in committee, on Monday, October 27, Senate Majority Leader Harry Reid (D-NV) announced that the public option would be the "cornerstone of the new Senate healthcare reform bill." Reid's proposal will include a government-backed health insurance program that allows states to opt out (with a decision to do so by 2014) if they can come up with an alternative. The "opt out" proposal would establish a national insurance plan with government seed money and be run by a private, not-for-profit board. Under the proposal, states would have to prove they can provide comparable coverage in order to exit out of the federal plan. The plan would also negotiate rates with providers like private insurance companies. To overcome a likely filibuster and take up the bill, Sen. Reid's bill will need support from all members of his caucus -- 58 Democrats and 2 independents. According to Senator Reid, the Senate debate on the bill will begin as soon as congressional budget analysts formally estimate how much the measure will cost --- most likely later this week.

If you have more questions about Health Care Reform, you can contact Greg Pemberton, Kevin Woodhouse or Sarah Cotterill, or any other member of Ice Miller's Health Law Practice Group.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.