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Arkansas

House passes bill to ban gender affirming care for minors

Friday was a bad day.

Texas has taken a major step toward banning transgender minors from getting puberty blockers and hormone therapy — care that medical groups say is vital to their mental health — after the state House gave Senate Bill 14 initial approval Friday.

Trans Texans and LGBTQ advocates consider the bill one of the most consequential pieces of legislation in this year’s legislative session. It would ban trans people younger than 18 from getting certain transition-related care. Kids already accessing treatments would have to be “weaned off” in a “medically appropriate” manner, the bill says. It also bans transition-related surgeries, though those are rarely performed on kids.

The House’s vote to advance the bill followed over five hours of pushback from Democrats, who had successfully delayed the bill on a technicality twice last week. On Friday, Democratic lawmakers once again tried to raise points of order, a parliamentary maneuver aimed at delaying or defeating bills, but their efforts failed this time. Some Democrats, though, defected and voted in favor of the bill.

The initial vote was 92-48, though three Democrats later said they accidentally voted in favor and meant to oppose the bill. Still, nine other democrats voted for the bill, according to the vote record. State Rep. Charlie Geren of Fort Worth was also listed as voting against the bill — the only Republican to do so — even though he is a co-sponsor of the legislation and later tweeted that he was proud of its initial passage.

As SB 14 advances, Texas — home to one of the largest trans communities in the country — is moving ever closer to joining over a dozen states in restricting transition-related care for minors. The American Civil Liberties Union and Lambda Legal have already raised legal challenges against several of them. And judges have so far blocked the efforts to limit these treatments for trans youth in Alabama and Arkansas.

Pending one more final vote in the House, SB 14 would return to the Senate, which has already passed a version of the legislation that mandates an abrupt cutoff as opposed to a tapering off process.

Trans Texans, their families and medical groups say transition-related care is critical to supporting the mental health of trans youth, who are already facing higher risks of depression and suicide than their cisgender peers. Getting access to these treatments, they say, is time intensive and requires multiple medical evaluations. Parents are included in decisions about what treatments, if any, are best for individual children.

“The bill in front of us today is banning health care,” said state Rep. Mary González, D-Clint, while advocating for a failed amendment that would have largely foiled the legislation. “Politics shouldn’t determine health care, period.”

Some Democratic lawmakers, including the nine openly LGBTQ state representatives, stood outside the chamber prior to debate and read letters from trans youth who would be affected by SB 14 and their families. And earlier in the day, LGBTQ Texans and their allies marched to the Capitol to protest the legislation, just over a week after state police forcefully booted scores of them from the Capitol and handcuffed two.

“We’re rising up. The whole LGBTQIA community is fighting back against a group of people who, at their core, don’t want us to exist,” said Danielle Skidmore, a longtime Austin resident and trans woman who came to the Capitol on Friday to protest the bill.

[…]

Several Democratic lawmakers voted for the bill, according to the vote record: state Reps. Alma Allen of Houston, Rhetta Bowers of Rowlett, Harold Dutton of Houston, Tracy King of Batesville, Armando Martinez of Weslaco, Suleman Lalani of Sugar Land, Mary Ann Perez of Houston and Shawn Thierry of Houston. Democratic state Reps. Christian Manuel of Beaumont, Penny Morales Shaw of Houston and Jessica González of Dallas initially voted for the bill, according to a record of the vote, but quickly said those were accidents and that they meant to vote against it.

Thierry, the lone Democrat to publicly speak in favor of SB 14 during Friday’s debate, said she voted for it with “an open heart and clear mind.”

“As a thoughtful legislator, mother, woman of faith and child advocate, I have made a decision to place the safety and well-being of all young people over the comfort of political expediency,” she said.

See here and here for some background. Before we go further, you need to read this Twitter thread from DMN reporter Lauren McGaughy, who has been following up with all of the Dems that had apparently voted Yes on SB14. In short, nearly all of them have said their Yes vote was in error and that they will be voting No on third reading. Tracy King and Shawn Thierry are the only two who confirmed that they intended to vote Yes, while Harold Dutton – who had been voting against most of the Dem-offered amendments to weaken SB14, unlike the others – hadn’t replied as of when I drafted this. I’m very glad to hear this, as I was about to be massively disappointed in some of these people. With some of them, let’s just say this wasn’t so shocking. Shawn Thierry has gone on some kind of bizarre heel turn – she was out there voting for book bans earlier, too – and I look forward to supporting a primary opponent against her. And Harold Dutton is still Harold fucking Dutton. Tracy King has the excuse of representing a district that Greg Abbott won in 2022, for what that’s worth. He qualifies as a disappointment.

Anyway. For those of you thinking well, it’s just drawing a distinction between adults and minors, I will remind you that the Senate passed a bill that would have outlawed this care for adults as well. Once you decide that it’s okay to ban safe and effective medical care for people because you don’t like it, there’s no obvious boundary for that. Cutting off ongoing treatment for however many kids is especially heinous.

(Yes, I believe the Dems who say their vote was in error. It happens. McGaughy confirmed with Charlie Geren that his No vote was in error, too.)

There will surely be litigation over this, as there has been in other states, and at some point SCOTUS will get to decide how much value they believe trans people have. Given their previous lack of care about who gets to access what kind of health care, I’m not optimistic, but it’s all we have until we vote in a different government. Until then, here’s a statement from the All In For Equality Coalition:

The Texas House voted today to advance Senate Bill 14, which will ban evidence-based, life-saving health care for transgender adolescents in Texas.

S.B. 14 bans puberty blockers and hormone therapy, which have been used and proven to treat gender dysphoria for decades.

Hundreds of Texans came to the State Capitol on May 2 to oppose the bill banning essential health care for trans youth — and were met with violence and arrests. The All in For Equality coalition condemned the clearing of the Capitol by authorities.

The bill passed the Texas House late Friday evening by a vote of 92 to 48.

The following quote can be attributed to Ash Hall (they/them), Policy & Advocacy Strategist at the ACLU of Texas:

“This is a dark day in Texas. Our legislature has turned its back on science, parents, and the safety and lives of children. Our hearts break for transgender young people in our state who have repeatedly been attacked by their own government for callous political gain. This legislation is vicious, it’s cruel, and it’s blatantly unconstitutional. The bigotry and discrimination in this bill will not stand up in court and it will not stand the test of time. Transgender people have always existed and always will, and the vast majority of Texans do not support harming them or cutting off this life-saving health care.”

The following quote can be attributed to Ricardo Martinez (he/him), CEO at Equality Texas:

“I am beyond angry that we must keep showing up to defend the dignity, privacy and liberty of our neighbors. Banning health care that literally saves lives should not be an option. The public debate about the value of our lives is not legitimate and it is out of touch with true Texas Values. This is part of a nefarious plan to eliminate us from public life. But it won’t work. We will not stop fighting for our rights. Not now, not ever.”

The following quote can be attributed to Emmett Schelling (he/him), Executive Director, Transgender Education Network of Texas:

“Today was ugly, but I am reminded that one of the fundamental parts of our trans experience is the deep understanding that we are all we have. Queer and Trans Texans are united in the fight to build a world in our vision on our terms.”

The following quote can be attributed to Sarah Warbelow (she/her), Legal Director for the Human Rights Campaign:

“Ill-informed and ill-intentioned politicians are prohibiting Texas parents from accessing best practice medical care for their children. S.B. 14 will be devastating to trans youth and their families – and it’s just the first of the many anti-LGTBQ+ bills that Texas lawmakers are working to pass. When this bill becomes law, Texas families will be banned from accessing medically necessary, safe, age-appropriate health care backed by decades of research and supported by the entire American medical establishment. Legislators are sending a clear message that Texas is not a safe place for LGBTQ+ people. We will not stop fighting these discriminatory measures.”

The following quote can be attributed to Shelly Skeen (she/her), Senior Attorney, Lambda Legal:

“Texas legislators seem hell-bent on the targeting of transgender Texas youth, their families, and their doctors. It was not enough to threaten parents with charges of child abuse for following their doctor’s orders, but now they want to block access to all medically necessary care against well-established standards, peer reviewed research, and the advice and recommendations of every major medical association. This bill risks the health, well-being, and very lives of trans adolescents in the Longhorn State. First and foremost, Texas legislators need to listen to transgender adolescents, their families and their doctors instead of passing discriminatory laws that endanger our community. Trans youth in Texas deserve protection from legislators, not harm that endangers their futures.”

The following quote can be attributed to Marti Bier (they/them), Vice President of Programs at Texas Freedom Network:

“I am floored by the cruelty and moral hypocrisy of this bill. Access to transgender health care can be lifesaving for transgender youth; this evidence-based health care is supported by every major medical association nationwide. Still, members of our State Legislature are determined to insert themselves in the private health decisions made between loving, affirming families and their trusted medical providers. This has been a devastating day for our community and the families this bill will undoubtedly displace or tear apart. We will never stop fighting alongside our partners to create a future where transgender youth, adults, and their families are safe and free to exist in their own home state.”

If you or someone you know needs mental health resources or support, please visit:
— Trans Lifeline at (877) 565-8860 or https://www.translifeline.org
— Trevor Project at 866-488-7386 or https://www.thetrevorproject.org/

One more thing: The story reference a recent poll that among other things indicated that a majority of respondents claimed not to know any trans people. I’m here to tell you, you’re probably wrong about that. Your kids or your grandkids likely have a friend or classmate who is trans. Some of the fellow parents you met at your kids’ schools are the parents of a trans kid. Your coworkers, your neighbors, your high school and college classmates, the people you know from church or your favorite restaurant, they have trans people in their lives, or maybe they’re trans themselves. Maybe they haven’t let you in on that knowledge, and if so you can ponder the reasons for that, but they’re there. They’re not going away. And they have every right to live their lives. It would help them a lot if the state got off their backs and out of their doctor’s offices. That’s not much to ask.

Winter storm 2023

I don’t know if this one will get a name, but I can imagine what a lot of folks are calling it.

Thousands of frustrated Texans shivered in their homes Thursday after more than a day without power, including many in the state capital, as an icy winter storm that has been blamed for at least 10 traffic deaths lingered across much of the southern U.S.

Even as temperatures finally pushed above freezing in Austin — and were expected to climb past 50 degrees (10 Celsius) on Friday — the relief will be just in time for an Arctic front to drop from Canada and threaten northern states. New England in particular is forecast to see the coldest weather in decades, with wind chills that could dive lower than minus 50.

Across Texas, 430,000 customers lacked power Thursday, according to PowerOutage.us. But the failures were most widespread in Austin, where frustration mounted among more than 156,000 customers over 24 hours after their electricity went out, which for many also meant their heat. Power failures have affected about 30% of customers in the city of nearly a million at any given time since Wednesday.

[…]

For many Texans, it was the second time in three years that a February freeze — temperatures were in the 30s Thursday with wind chills below freezing — caused prolonged outages and uncertainty over when the lights would come back on.

As outages dragged on, city officials came under mounting criticism for not providing estimates of when power would be restored and for neglecting to hold a news conference until Thursday. Mayor Kirk Watson said Thursday the city would review communication protocols for future disasters.

Austin Energy at one point estimated that all power would be restored by Friday evening, then later stated Thursday that full restoration would now take “longer than initially anticipated.” Soon after, Watson tweeted, “This is a dynamic situation and change is inevitable but Austin Energy must give folks clear and accurate info so they can plan accordingly.”

Unlike the 2021 blackouts in Texas, when hundreds of people died after the state’s grid was pushed to the brink of total failure because of a lack of generation, the outages in Austin this time were largely the result of frozen equipment and ice-burdened trees and limbs falling on power lines. The city’s utility warned all power may not be restored until Friday as ice continued causing outages even as repairs were finished elsewhere.

“It feels like two steps forward and three steps back,” said Jackie Sargent, general manager of Austin Energy.

School systems in the Dallas and Austin area, plus many in Oklahoma, Arkansas and Memphis, Tennessee, closed Thursday as snow, sleet and freezing rain continued to push through. Public transportation in Dallas also experienced “major delays” early Thursday, according to a statement from Dallas Area Rapid Transit.

The weather has been lousy here in Houston, but it has not been freezing, so we have escaped the worst of this. I feel so bad for everyone in the affected areas. The story says that so far seven people have died on the roads as a result of this storm.

On Twitter, I’ve seen a lot of people talking about the trees on their streets and the sound they make as they collapse under the weight of the ice on them. The Trib covered this as well.

All day and all night after the ice storm struck, Austin residents listened for the cracks, splinters and crashes. Each crack of a falling limb could shut the power off — if their home hadn’t gone dark already.

“It’s a really, really thick layer of ice,” said Jonathan Motsinger, the Central Texas operations department head for Texas A&M Forest Service. “Trees can only support weight to a certain extent, and then they fail.”

Across the Texas Hill Country this week, trees snapped under the weight of ice that accumulated during multiple days of freezing rain. Some of the most iconic trees were among the most severely damaged: live oaks (some of them hundreds of years old), ashe junipers (the scourge of allergy sufferers during “cedar fever” season), cedar elms. As their branches gave way, they took neighboring power lines with them.

“The amount of weight that has accumulated on the vegetation is probably historic, extreme,” Austin Energy general manager Jackie Sargent said during a Thursday press conference.

Ice can increase the weight of tree branches up to 30 times, said Kerri Dunn, a communications manager for Oncor. The utility reported that almost 143,000 of its customers in North, Central and West Texas were without power Thursday afternoon.

“The amount of weight that has accumulated on the vegetation is probably historic, extreme,” Austin Energy general manager Jackie Sargent said during a Thursday press conference.

Ice can increase the weight of tree branches up to 30 times, said Kerri Dunn, a communications manager for Oncor. The utility reported that almost 143,000 of its customers in North, Central and West Texas were without power Thursday afternoon.

[…]

Austin has almost 34 million trees in the city, according to an online tree census maintained by Texas A&M Forest Service and the U.S. Forest Service.

“It’s a big point of pride,” said Keith Mars, who oversees the city of Austin’s Community Tree Preservation Division.

Mars said that shade from the trees saves Austin residents millions of dollars a year in energy costs by cooling homes during hot summer days.

“Trees are infrastructure,” Mars said. “How much maintenance and how much care we provide, so that [the trees] can continue providing those other benefits, is the kind of tradeoff that we all have.”

I don’t really have a point to make here. I hope everyone who has had to endure this week’s terrible weather has made it through all right, and that there are enough trees left over to keep things shaded. The Austi Chronicle has more.

Biden employer vaccine mandate back on

For now, at least.

A federal appeals court panel on Friday allowed President Joe Biden’s COVID-19 vaccine mandate for larger private employers to move ahead, reversing a previous decision on a requirement that could affect some 84 million U.S workers.

The 2-1 decision by a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overrules a decision by a federal judge in a separate court that had paused the mandate nationwide.

The mandate from the U.S. Occupational Safety and Health Administration was to take effect Jan. 4. With Friday’s ruling, it’s not clear when the requirement might be put in place, but the White House said in a statement that it will protect workers: “Especially as the U.S. faces the highly transmissible Omicron variant, it’s critical we move forward with vaccination requirements and protections for workers with the urgency needed in this moment.”

[…]

“Given OSHA’s clear and exercised authority to regulate viruses, OSHA necessarily has the authority to regulate infectious diseases that are not unique to the workplace,” Judge Julia Smith Gibbons, who was nominated to the court by former President George W. Bush, a Republican, wrote in her majority opinion.

“Vaccination and medical examinations are both tools that OSHA historically employed to contain illness in the workplace,” she wrote.

Gibbons noted that the agency’s authority extends beyond just regulating “hard hats and safety goggles.” She said the vaccine requirement “is not a novel expansion of OSHA’s power; it is an existing application of authority to a novel and dangerous worldwide pandemic.”

She was joined in the majority decision by Judge Jane Branstetter Stranch, an appointee of former President Barrack Obama, a Democrat.

The case was consolidated in the 6th circuit, which is dominated by Republican-appointed judges. Earlier this week, the circuit’s active judges rejected a move to have the entire panel consider the case, on an 8-8 vote.

The dissent in Friday’s ruling came from Judge Joan Larsen, an appointee of former President Donald Trump, who said Congress did not authorize OSHA to make this sort of rule and that it did not qualify as a necessity to use the emergency procedures the agency followed to put it in place.

Larsen also argued that vaccinated workers “do not face ‘grave danger’ from working with those who are not vaccinated.”

Arkansas Attorney General Leslie Rutledge, a Republican, said she would ask the U.S. Supreme Court to block the order. At least two conservative advocacy groups said they had already appealed to the nation’s highest court.

“The Sixth Circuit’s decision is extremely disappointing for Arkansans because it will force them to get the shot or lose their jobs,” Rutledge said.

See here, here, and here for the background. Who even knew that it was possible to get a decent result from an appeals court? It appears the Sixth Circuit, or at least the two justices in the majority opinion, were perhaps not all that impressed by the ruling handed down by their Fifth Circuit colleagues.

Spicy. As noted, in the story, the death eaters among the Attorneys General, including our own, will be appealing to SCOTUS, so keep a firm grip on your expectations. For now at least, there’s a bit of sanity. Happy holidays and all that. Slate has more.

Vaccine mandate for health care workers blocked

I’d say this is getting ridiculous, but we’re well past that point.

A federal judge on Monday blocked President Joe Biden’s administration from enforcing a coronavirus vaccine mandate on thousands of health care workers in 10 states that had brought the first legal challenge against the requirement.

The court order said that the federal Centers for Medicare & Medicaid had no clear authority from Congress to enact the vaccine mandate for providers participating in the two government health care programs for the elderly, disabled and poor.

The preliminary injunction by St. Louis-based U.S. District Judge Matthew Schelp applies to a coalition of suing states that includes Alaska, Arkansas, Iowa, Kansas, Missouri, Nebraska, New Hampshire, North Dakota, South Dakota and Wyoming. All those states have either a Republican attorney general or governor. Similar lawsuits also are pending in other states.

The federal rule requires COVID-19 vaccinations for more than 17 million workers nationwide in about 76,000 health care facilities and home health care providers that get funding from the government health programs. Workers are to receive their first dose by Dec. 6 and their second shot by Jan. 4.

The court order against the health care vaccine mandate comes after Biden’s administration suffered a similar setback for a broader policy. A federal court previously placed a hold on a separate rule requiring businesses with more than 100 employees to ensure their workers get vaccinated or else wear masks and get tested weekly for the coronavirus.

Biden’s administration contends federal rules supersede state policies prohibiting vaccine mandates and are essential to slowing the pandemic, which has killed more than 775,000 people in the U.S. About three-fifths of the U.S. population already is fully vaccinated.

But the judge in the health care provider case wrote that federal officials likely overstepped their legal powers.

“CMS seeks to overtake an area of traditional state authority by imposing an unprecedented demand to federally dictate the private medical decisions of millions of Americans. Such action challenges traditional notions of federalism,” Schelp wrote in his order.

That ruling doesn’t affect Texas, but this one does.

A federal judge on Tuesday blocked the Biden administration’s COVID-19 vaccination mandate for health care workers from going into effect nationwide next week after Texas and other states challenged the order.

Louisiana Western District U.S. Judge Terry Doughty’s ruling follows the same decision on Monday from Missouri U.S. District Judge Matthew Schelp. However, Schelp’s ruling applied for only 10 states.

Doughty wrote in his decision that the mandate exceeds the Biden administration’s authority.

“If human nature and history teach anything, it is that civil liberties face grave risks when governments proclaim indefinite states of emergency,” Doughty wrote.

I Am Not A Lawyer, and I couldn’t find any commentary out there about this, but just knowing that it was two Trump-appointed judges who made these rulings makes me look at them with extreme skepticism. (There are some other reasons for that, as the Daily Kos story indicates. I still want to see some serious lawyers weigh in on it.) The willingness of so many people to put the lives of so many other people in danger just boggles my mind.

On the moderately positive side, there was this.

A judge in Galveston has denied a bid from a group of federal workers seeking an injunction to halt enforcement of the White House’s COVID-19 vaccination mandate, saying they had natural immunity from having been infected with the virus.

John J. Vecchione, senior litigation counsel for the New Civil Liberties Alliance in Washington, D.C., said his team argued it was “arbitrary and capricious” to require vaccinations across the board for all federal employees, because this particular group of workers was not any more dangerous to others than people who have been fully vaccinated. Vecchione says in court documents his clients’ immunity is “at least as robust and durable as that attained through the most effective vaccines.”

[…]

The 11 litigants include a high ranking lawyer at U.S. Immigration and Customs Enforcement from Frisco, a Navy technician from Robstown, an air traffic controller from St. Cloud, Fla. , a Georgia-based veterinary specialist from the Department of Agriculture, a special agent with the Secret Service from Springfield, Va. and a supervisory air marshal with Transportation Security Administration in Palos Verdes, Calif. .

The suit is directed at Dr. Anthony Fauci, others on the COVID response task force and representatives of other federal agencies tasked with enforcement or supervision of the mandate. The deadline for vaccinations was Nov. 22 and enforcement was set to begin some time after Nov. 29.

U.S. District Judge Jeffrey V. Brown denied the workers request for a temporary injunction, saying they did not face irreparable harm if they complied with the mandate and they were unlikely to win their case on the merits. He noted that all but one of the plaintiffs were pursuing religious exemptions that would allow them to avoid the vaccine. The worker who did not seek an exemption works for ICE; the judge said the civil liberties lawyers had probably erred in failing to sue that agency.

Any win for sanity at the district court level feels like it’s written on sand these days, but I’ll take what I can get. Roy Edroso has more.

If in Texas you can’t get justice…

Try somewhere else.

An abortion provider in Texas took the unusual step Tuesday of asking a federal judge in another state to declare unconstitutional the six-week-ban on the procedure that took effect last month in Texas.

Lawyers for Dr. Alan Braid, a San Antonio physician who acknowledged performing an abortion after the state’s legal limit, wants a judge in Illinois to block three lawsuits filed against him under the ban, which has halted almost all abortions in the nation’s second-most-populous state.

Abortion providers and advocates say they are in “legal limbo,” after twice asking the Supreme Court to intervene to block enforcement of the law, which bars abortion as early as six weeks into pregnancy with no exception for rape or incest.

They are awaiting action in the three lawsuits against Braid, as well as word from a federal judge in Austin, who could rule at any time on the Justice Department’s request for an injunction to restore abortion access in Texas.

“Dr. Braid filed suit today to stop the vigilante plaintiffs and get this extreme abortion ban declared unconstitutional once and for all,” Nancy Northup, president of the Center for Reproductive Rights, said in a statement.

“He should never have had to put himself at legal risk to provide constitutionally protected abortion care. This legal limbo has gone on long enough and needs to be stopped.”

[…]

Braid came forward last month, announcing in a Washington Post column that he had performed an abortion past the legal limit and essentially inviting a lawsuit so he could directly challenge the constitutionality of the ban.

Three individuals — one in Arkansas, one in Texas and another in Illinois — quickly filed lawsuits against Braid in state court in Texas.

The Center for Reproductive Rights, representing Braid, now wants to consolidate the “competing claims” in those cases in federal court in Illinois.

Braid’s lawyers say they can take this step because three different people in three different states have filed similar claims to an award of at least $10,000.

“The likelihood of strangers filing multiple, overlapping lawsuits against a provider is a feature of SB8, and not an accident,” the court filing states, making reference to the law, which was formally classified as Senate Bill 8.

Braid said that none of the individuals has a right to damages because the law is unconstitutional under the Supreme Court’s Roe v. Wade decision guaranteeing the right to abortion before viability, usually around 22 to 24 weeks.

Braid also has a right, the filing states, “to avoid wasteful, vexatious and duplicative litigation and potentially conflicting rulings.”

See here, here, and here for some background. I knew about the Arkansas and Illinois lawsuits against Dr. Braid, but had not been aware of the third one. Looking at the defendants named in the filing, it appears that the third litigant is one of the frequent commenters here. I’ll let him explain himself about that.

These lawsuits are all in state court. There is also the bottleneck imposed by the Texas Multidistrict Litigation Panel (supported by the Supreme Court) on lawsuits by providers to get injunctions against other potential litigants, but from my read of the lawsuit that does not appear to be at issue here. The larger point is that not just Dr. Braid but every abortion patient and provider and clinic employee and volunteer and many other people have a right to their day in court, and to have a clearly unconstitutional law be put on hold while legal questions surrounding it are being decided. That’s what is being asked for here, and that is what has been denied all these people by SCOTUS, the Fifth Circuit, and the Supreme Court of Texas. If this is what it takes to finally bring a (temporary) halt to this travesty then so be it, but it should never have come to this in the first place.

UPDATE: Late in the day yesterday, the judge in the federal lawsuit filed by the Justice Department against the state of Texas issued a temporary restraining order that blocks any SB8 lawsuits from being filed. We all know that the Fifth Circuit already has an order ready to block that, but for now that would seem to moot this action. I’ll post about this ruling tomorrow.

Feds officially investigating Texas mask mandate ban

Good.

The U.S. Department of Education on Tuesday launched a civil rights investigation into Gov. Greg Abbott’s ban on mask mandates in schools, making Texas the sixth state to face a federal inquiry over mask rules.

The investigation will focus on whether Abbott’s order prevents students with disabilities who are at heightened risk for severe illness from COVID-19 from safely returning to in-person education, in violation of federal law, Suzanne B. Goldberg, the acting assistant secretary for civil rights wrote in a letter to Texas Commissioner of Education Mike Morath.

The investigation comes after the Texas Education Agency released guidance saying public school systems cannot require students or staff to wear masks to prevent the spread of COVID-19 in light of Abbott’s ban on mask mandates.

[…]

Goldberg wrote that the Office for Civil Rights will examine whether TEA “may be preventing school districts in the state from considering or meeting the individual educational needs of students with disabilities or otherwise enabling discrimination based on disability.”

The department previously opened similar investigations into mask policies in Iowa, South Carolina, Utah, Oklahoma and Tennessee. But the agency had not done so in Texas because of court orders preventing the state from enforcing Abbott’s order. The new TEA guidance changed that, however.

See here and here for the background. The TEA’s new directive made me scratch my head.

In newly released guidance, the Texas Education Agency says public school systems cannot require students or staff to wear masks to prevent the spread of COVID-19.

A statement released by the agency Friday says Gov. Greg Abbott’s May executive order banning mask mandates precludes districts from requiring face coverings.

“Per GA-38, school systems cannot require students or staff to wear a mask. GA-38 addresses government-mandated face coverings in response to the COVID-19 pandemic,” the statement reads. “Other authority to require protective equipment, including masks, in an employment setting is not necessarily affected by GA-38.”

The agency previously had said it would not enforce the governor’s ban until the issue was resolved in the courts.

Texas Attorney General Ken Paxton has sued several school districts for imposing mask requirements on students and teachers, and some districts have sued the state over the governor’s order. The lawsuits have produced mixed results with some courts upholding districts’ mask mandates and some siding with the attorney general.

TEA officials on Tuesday did not immediately respond to requests for comment on the new guidelines and questions about how the agency would enforce the ban on mask mandates. The agency has not yet clarified what prompted the new guidelines, given that the legal battles regarding the order are ongoing.

Hard to know exactly what motivated this, but “pressure from Greg Abbott and Dan Patrick and Ken Paxton” would be high on my list of suspects. If I were to advise school districts that currently have mask mandates, as HISD does, or are thinking about imposing one, I would say go right ahead, and keep the mandates you have. This is a toothless threat, and the courts have not yet weighed in on the issue in a meaningful way. We know that having the mask mandates promotes safety, and if that isn’t the highest priority I don’t know what is. Do not waver.

Anyway. The Trib has an explainer about the state of mask mandates and lawsuits around them, but it doesn’t indicate when the legal cases may be having hearings, which admittedly would be a big task to track. The federal lawsuit will have a hearing on October 6, and we may get some clarity out of that. In the meantime, keep the mask mandates. We need them, and (a couple of district court judges aside) no one is stopping school districts from having them. The Trib has more.

Feds take first steps in the mask mandate fight

Coming attractions.

The U.S. Department of Education is opening civil rights investigations to determine whether five states that have banned schools from requiring masks are discriminating against students with disabilities, the agency said on Monday.

The department is targeting Iowa, Oklahoma, South Carolina, Tennessee and Utah, all Republican-led states, in its investigations. It said it was concerned that their bans on mandatory masking could leave students with disabilities and underlying health conditions more vulnerable to COVID-19, limiting their access to in-person learning opportunities.

“It’s simply unacceptable that state leaders are putting politics over the health and education of the students they took an oath to serve,” U.S. Secretary of Education Miguel Cardona said in a statement.

“The Department will fight to protect every student’s right to access in-person learning safely and the rights of local educators to put in place policies that allow all students to return to the classroom full-time in-person safely this fall.”

[…]

Florida, Texas, Arkansas and Arizona are four other Republican-led states that have banned mandatory masking orders in schools. The Education Department left those states out of its inquiry because court orders or other actions have paused their enforcement, it said in a news release.

The department says it is monitoring those states and would take action if local mask-wearing policies are later barred from going into effect.

See here for the background, and here for the press release. It’s too early to say how this might go, and that’s before we get a resolution in the reams of mask mandate-related lawsuits that are still working their way through our system. Suffice it to say that the good guys have a lot of fight left in them.

It’s not vaccinated people that are dying

Numbers don’t lie. It’s the unvaccinated that die.

Of the 8,787 people who have died in Texas due to COVID-19 since early February, at least 43 were fully vaccinated, the Texas Department of State Health Services said.

That means 99.5% of people who died due to COVID-19 in Texas from Feb. 8 to July 14 were unvaccinated, while 0.5% were the result of “breakthrough infections,” which DSHS defines as people who contracted the virus two weeks after being fully vaccinated.

The agency said nearly 75% of the 43 vaccinated people who died were fighting a serious underlying condition, such as diabetes, heart disease, high blood pressure, cancer or chronic lung disease.

Additionally, it said 95% of the 43 vaccinated people who died were 60 or older, and that a majority of them were white and a majority were men.

DSHS noted that these are preliminary numbers, which could change because each case must be confirmed through public health investigations. Statewide, more than 50,000 people have died of COVID-19 since March 2020, but the rate of deaths has slowed dramatically since vaccines became widely available in April.

Dr. David Lakey, the chief medical officer of the University of Texas System, said people succumbing to the coronavirus despite being vaccinated was “not unexpected.”

“No vaccine is 100%,” said Lakey, who is also a member of the Texas Medical Association’s COVID-19 task force. “And we’ve known for a long while that the vaccines aren’t 100%, but they’re really really good at preventing severe disease and hospitalizations. … There will always be some individuals that will succumb to the illness in the absence of full herd immunity.”

He added that 0.5% is “a very low number of individuals in a state of 30 million. … In the grand perspective of everything, that’s not a large number that would call into question at all the use of this vaccine.”

I should note that some of those 43 vaccinated people who died may have had other comorbidities, we don’t have enough data on that. But still, we’re talking a tiny fraction. One out of two hundred. Which group would you rather be in?

Need more? Go look at these charts from the CDC, one of new COVID cases and one of COVID deaths. The spike in new cases is much higher than the increase in deaths, because vaccinated people who still get COVID get a much milder version of it. They don’t go to hospitals, and they don’t die. If more people were vaccinated, that first chart wouldn’t have that big uptick in it, either.

And one more thing:

Just three states are now driving the pandemic in the United States, as the divide between vaccinated and unvaccinated regions of the country becomes ever more stark, as the more transmissible Delta variant of the coronavirus spreads.

Forty percent of all new cases this week have been recorded in Florida, Texas and Missouri, White House pandemic response coordinator Jeff Zients revealed at a press briefing Thursday.

Florida alone accounts for 20 percent of all new cases nationally, Zients pointed out, a trend that has stretched into its second week.

Zients added that “virtually all” hospitalizations and deaths — a full 97 percent — are among unvaccinated people. “The threat is now predominantly only to the unvaccinated,” he said. A few vaccinated people do experience so-called breakthrough infections, but they tend to experience only mild COVID-19 illness, or no illness at all.

Encouragingly, Zients said the five states that have experienced the most significant rise in infections — Arkansas, Louisiana, Florida, Nevada and Missouri — all also saw vaccination rates beat the national average for a second week in a row. But because immunity takes two weeks to develop, and the Delta variant spreads so rapidly, the benefits of the increased uptake of vaccinations may not be evident right away.

Singling out the three states where infections are now spiking could have the effect of putting pressure on elected officials there to do more to encourage vaccinations.

One of those elected officials is Greg Abbott, and we know how much he cares. But maybe some other people are less resistant. The numbers don’t lie.

Federal judge halts Arkansas law against gender affirming care for trans kids

Of interest.

In an in-person hearing in Little Rock on Wednesday, a federal judge issued a preliminary injunction to block an Arkansas law that criminalizes gender-affirming care for transgender kids.

U.S. District Judge James M. Moody Jr.’s bench ruling was made in response to a lawsuit from the ACLU, which argues that Arkansas’ law violates the 14th Amendment’s Equal Protection Clause and the First Amendment right to free speech. The lawsuit was filed on behalf of four trans kids and their families in Arkansas, plus two physicians working in the state.

Still, legal advocates warn that a rare amicus brief signals that the battles over legislation targeting trans youth are not over.

[…]

The legal battle over Arkansas’ ban — the only one of its kind to be passed in the United States — also attracted the interest of 17 state attorneys general, who filed an amicus brief last week to bolster support for Arkansas’ law. Nearly all of the states that backed the brief have introduced their own bills to ban gender-affirming care, bar trans kids from playing sports that match their gender identity, or prevent them from discussing their identities in school, according to a bill tracker by Freedom For All Americans.

Four of the states that signed the brief through their attorney general — Alabama, Mississippi, South Dakota and Tennessee — enacted legislation this year to ban trans youth from sports that match their gender identity. Idaho, which also counseled on the brief, signed its ban on trans kids’ sports participation in March 2020.

Two attorneys told The 19th that such a brief is largely unprecedented, although any weight it carried in Moody’s decision on Wednesday was unclear. It is not guaranteed that a federal judge would take a brief like this into account.

Ezra Ishmael Young, a civil rights attorney and founding board member of the National Trans Bar Association, did not recall a similar brief ever being filed about trans kids’ health care at the trial level.

“It’s very rare for an amicus brief to be filed by a bunch of states that have no stake in the actual issue at all,” Young said, adding that it takes time to coordinate a response from so many attorneys general.

“It’s not totally unusual for AGs to team up and push their state’s policy preferences in courts outside their jurisdiction,” he said. “What makes this tack odd here is that the AGs are pushing for policy preferences that have been soundly rejected by their legislature, sometimes repeatedly.”

Carl Charles, a Lambda Legal staff attorney, told the 19th that the brief — which also he sees as unprecedented, based on research undertaken by him and his paralegal — is concerning on another level.

“To write affirmatively in support of an outlier law in one state, where there are no related laws on the books in their respective states … they have nothing really to stand on in terms of, ‘We’ve passed these similar laws and we’re in support,’” he said.

“They’re essentially taking an inherently political position and one that’s outside the scope of their office, which is to say, ‘We have an interest in seeing this law stand because we too want to pass a law like this.’ Well, that’s not the AG’s job. The AG’s job is not to pass laws. The AG’s job is to enforce the laws on the books,” he said.

As we know, Greg Abbott is plotting some executive action to block this health care for trans kids, so this ruling is quite timely. Arkansas is not in the Fifth Circuit, so the ruling would not apply here, but it’s significant nonetheless. Also significant is that the state of Texas and its felonious AG Ken Paxton were on that amicus list, as I’m sure you’re not surprised to hear. None of this is going to stop Abbott from doing whatever he plans to do, but there will very likely be a legal roadblock in his way once he does do it.

Where the outbreaks are the worst

We talk a lot about the vaccination rate in Texas, but that number by itself is misleading. Some parts of the state are very well vaccinated. Others, very much not so. That matters, because the Delta variant is just ripping through the unvaccinated population. There are breakthrough infections among folks who have had the shot – even the Pfizer and Moderna doses are not as effective against the Delta variant as they were against others – but the vast majority of new cases, hospitalizations, and deaths are among the unvaxxed.

So with that in mind, here are the places to watch out for.

Five low-vaccinated clusters — including two in Texas — could put the entire country at risk for spreading new variants of COVID-19, according to a new analysis out of Georgetown University.

The areas with concentrations of unvaccinated residents 12 and older encompass Texas’ western Panhandle and eastern Piney Woods regions — and are a major cause for concern for health experts. Dallas County, where officials this week said herd immunity has been reached, is not in either.

Georgetown researchers, who have been tracking vaccination rates since December, found that there are about 30 clusters across the U.S. that have lower vaccination rates than the national average of 47.8%. The five they have identified as most vulnerable are scattered across eight states concentrated in the southeastern part of the country, touching Alabama, Arkansas, Georgia, Louisiana, Mississippi, Oklahoma, Tennessee and Texas.

The two clusters in Texas together encompass around 141 counties out of 254, said Dr. Shweta Bansal, an associate professor of biology at Georgetown who headed the project. Although that’s a significant portion of the state, the clusters do not include many of the highest-density cities, which have had greater success with vaccination.

Texas’ overall vaccination rate does not paint an accurate picture of the state’s danger level, Bansal said. From a glance, Texas appears to be in good shape, with 50.4% of the population 12 and older — or 12 million people — reported as fully vaccinated, according to data provided by the Texas Department of State Health Services. And nearly 14 million people in Texas, or 58%, have received at least one dose of a coronavirus vaccine.

But the Georgetown analysis raises a number of troubling concerns. For one, nearly all COVID-19 deaths in the country were people who weren’t vaccinated, according to The Associated Press.

And unvaccinated clusters pose greater threats because each interaction with an unvaccinated individual risks a new transmission of COVID-19, Bansal said. With every new case of the virus, there is another chance for a new variant to emerge. Already, the highly contagious delta variant that was first found in India in December has become the dominant strain in all new identified cases of the coronavirus in the U.S.

In other words, it’s no time to let our guard down, she cautioned.

If a new variant surfaces that is resistant to current vaccines, “it would mean rewinding the clock back to 2020 for all of us, even those of us that are vaccinated,” Bansal said.

Here’s another news link if you have trouble with that DMN story. I can’t find a copy of the actual report, but I was referred to this web page in my searches for it.

We’ve talked about this before, and I’m going to say this again: It doesn’t matter how bad the Delta variant is going to get, there is zero chance that the state of Texas under Greg Abbott takes any action to mitigate a future outbreak. There will be no mask mandates or limitations on businesses or crowds, and no allowance for local governments to impose them. The unvaccinated will be coddled and catered to in every way, and the rest of us, including and especially health care workers, can suck it. You’re on your own, and my advice to you is to not get too far out of the habit of wearing your face masks. You’ll be needing them again, probably in the winter.

The risk of being unvaccinated

The numbers don’t lie.

Nearly all COVID-19 deaths in the U.S. now are in people who weren’t vaccinated, a staggering demonstration of how effective the shots have been and an indication that deaths per day — now down to under 300 — could be practically zero if everyone eligible got the vaccine.

An Associated Press analysis of available government data from May shows that “breakthrough” infections in fully vaccinated people accounted for fewer than 1,200 of more than 853,000 COVID-19 hospitalizations. That’s about 0.1%.

And only about 150 of the more than 18,000 COVID-19 deaths in May were in fully vaccinated people. That translates to about 0.8%, or five deaths per day on average.

[…]

The preventable deaths will continue, experts predict, with unvaccinated pockets of the nation experiencing outbreaks in the fall and winter. Ali Mokdad, a professor of health metrics sciences at the University of Washington in Seattle, said modeling suggests the nation will hit 1,000 deaths per day again next year.

In Arkansas, which has one of the lowest vaccination rates in the nation, with only about 33% of the population fully protected, cases, hospitalizations and deaths are rising.

“It is sad to see someone go to the hospital or die when it can be prevented,” Gov. Asa Hutchinson tweeted as he urged people to get their shots.

As the story notes, this is an AP analysis of the available data. The CDC has not done its own analysis yet because the data is not complete – only 45 of the 50 states report breakthrough infections, and they vary in how they define them. But the overall point is clear: Even though COVID deaths are down over ninety percent from January, when vaccinations started rolling out, they could be down a whole lot more, if more people were vaccinated. The extent to which COVID is under control is the extent to which the population is vaccinated. That can vary by quite a bit, by state and by region, and so we will continue to see some level of hospitalizations and deaths from COVID. And that level is higher than it needs to be. Link via Daily Kos.

NCAA warns Texas about anti-transgender bills

It’s not just the voter suppression bills that will do great harm to the state of Texas and its people if the Republicans ram them through.

Amid all the talk of boycotts and corporate criticism of election bills going through the Texas Legislature, major resistance is also shaping up to another top priority of the Republican state lawmakers.

With the Texas Senate cued up to debate a bill this week that would ban transgender girls from competing in girls’ interscholastic sports, the NCAA recently issued a stern warning that they are watching the legislation.

“The NCAA continues to closely monitor state bills that impact transgender student-athlete participation,” NCAA officials said in a statement to Hearst Newspapers. “The NCAA believes in fair and respectful student-athlete participation at all levels of sport. The association’s transgender student-athlete participation policy and other diversity policies are designed to facilitate and support inclusion.”

The NCAA policies allow transgender athletes to participate without limitations.

It is very similar to the statements the NCAA put out just before Arkansas Gov. Asa Hutchinson signed a transgender bill similar to the one Texas is considering and one that South Dakota Gov. Kristi Noem backed away from while warning of an unwinnable showdown with the college sports association.

SB 29, sponsored by Lubbock Republican Sen. Charles Perry would ban a student from participating in a sport “opposite to the student’s biological sex as determined at the student’s birth…”

[…]

Critics of the Texas legislation and others like it say it’s all part of a wave of bills in statehouses around the nation that are not only discriminatory against transgender children, but dangerous to them.

“This is a moment of national crisis where the rights and the very existence of transgender young people are under attack,” said Alphonso David, president of Human Rights Council, a national group that fights violence, discrimination and fear of LGBTQ people. “Like the bathroom bills and the bills targeting marriage equality before them, these bills are nothing more than a coordinated effort by anti-LGBTQ extremists spreading fear and misinformation about transgender people in order to score cheap political points.”

[…]

The NCAA has been a notable voice against anti-transgender legislation. In 2017, it pulled major sporting events out of North Carolina because of that state passing a version of the bathroom bill. Eventually, North Carolina lawmakers amended the legislation to end the boycott.

The NCAA has major financial commitments in Texas. The men’s basketball Final Four is scheduled to be in Houston in 2023 and then in San Antonio again in 2025. Dallas hosts the women’s Final Four in 2023, and the College Football Championship is set for Houston in 2024.

In 2017, studies suggested Texas could lose nearly $250 million if the Final Four was taken away then. With three Final Fours and the football championships, Texas would be looking at more than $1 billion in economic impact.

“The NCAA believes diversity and inclusion improve the learning environment and it encourages its member colleges and universities to support the well-being of all student-athletes,” the NCAA said in its recent statement to Hearst Newspapers about Texas’ transgender legislation.

That was an early story. The Trib filed a little later, and the NCAA was a bit more specific this time.

The National Collegiate Athletic Association Board of Governors said it will only hold college championships in states where transgender student-athletes can participate without discrimination. The Monday warning sets the stage for a political fight with multiple states, including Texas, that are considering bills in their legislatures that would require students to play sports with only teammates who align with their biological sex.

“Inclusion and fairness can coexist for all student-athletes, including transgender athletes, at all levels of sport,” the NCAA statement said. “Our clear expectation as the Association’s top governing body is that all student-athletes will be treated with dignity and respect. We are committed to ensuring that NCAA championships are open for all who earn the right to compete in them.”

See here for the preview. I for one would very much like these sporting events to be in our cities in those years. But if the Lege follows through on these terrible, harmful bills then the NCAA absolutely should follow through and pull them all until such time as these bills are repealed.

While the legislation has seen some traction in the upper chamber, it’s unclear whether there will be support in the House, where similar bills have yet to get assigned a committee hearing.

In the past, Speaker Dade Phelan, R-Beaumont, has pushed back against bills that would weaken protections for LGBTQ people. After the Senate passed a bill in 2019 that removed nondiscrimination protections based on sexual orientation, the House State Affairs Committee, which Phelan chaired, had the language reinstated.

Phelan said in an interview at the time that he was “done talking about bashing on the gay community.”

“It’s completely unacceptable,” he said. “This is 2019.”

I would have thought we’d learned this lesson in 2017, but apparently some lessons need to be learned the hard way. We still have a chance to escape that fate, but if we don’t it’s 100% on the Republicans. I hope Dade Phelan meant what he said, but it remains to be seen. To learn more and hear from the advocates of the transgender children who are being targeted by our Legislature, you can follow Rebecca Marques, Jessica Shortall, Equality Texas (the woman you see testifying in that video is my friend Mandy Giles), Kimberly Shappley, and Amber Briggle on Twitter. USA Today, the Texas Signal, and Mother Jones have more.

Paxton goes after DACA

I have no words.

Best mugshot ever

Texas Attorney General Ken Paxton and officials from nine other states on Thursday urged the Trump administration to end an Obama-era program that’s allowed hundreds of thousands of undocumented immigrants to live and work in the country without fear of being deported.

In a letter to U.S. Attorney General Jeff Sessions, Paxton urged the White House to rescind the 2012 Deferred Action for Childhood Arrivals, or DACA, program. DACA applies to undocumented immigrants that came to the country before they were 16 years old and were 30 or younger as of June 2012. It awards recipients a renewable, two-year work permit and a reprieve from deportation proceedings.

As of August 2016, more than 220,000 undocumented immigrants in Texas had applied for a permit or a renewal of one under the program, and nearly 200,000 of those have been approved, according to government statistics. It’s the second-highest total behind California’s estimated 387,000 applications and 359,000 approvals during the same time frame.

“We respectfully request that the Secretary of Homeland Security phase out the DACA program,” Paxton wrote. He was joined by the attorneys general of Arkansas, Alabama, Idaho, Kansas, Louisiana, Nebraska, South Carolina, Tennessee and West Virginia, as well as Idaho Gov. C.L. Otter.

“Specifically, we request that the Secretary of Homeland Security rescind the June 15, 2012 DACA memorandum and order that the Executive Branch will not renew or issue any new DACA or Expanded DACA permits in the future,” Paxton wrote.

[…]

The Mexican American Legal Defense and Educational Fund, or MALDEF, blasted the move and warned the signatories they’ll be remembered for being on the wrong side of history.

“Their evident xenophobia is not remotely consistent with the trajectory of our nation’s history and future progress,” MALDEF president and general counsel Thomas Saenz said in a statement. “Their political careers and each of their states will suffer from their mean-spirited stupidity.”

I don’t even know what to say about this. It’s cruel, it’s stupid, and I can’t think of a meaningful definition of “Christian” that would allow for it. The one sure to be effective thing we can do about this is to elect an Attorney General who won’t pull this crap. Nothing will change until we change who we elect. The Press, the Current, and Daily Kos have more.

Medicaid expansion: Still a good idea

I know, right?

It's constitutional - deal with it

It’s constitutional – deal with it

Fewer low-income residents of Kentucky and Arkansas, two poor states that expanded Medicaid in 2014, reported problems paying medical bills after the coverage expansions, especially compared with residents of Texas, which has rejected the health law.

And hospitals in Medicaid expansion states saw a marked decline in the share of patients without insurance, compared with hospitals in states that have not broadened access to Medicaid, a second study found.

“Our findings underscore the significant benefits of Medicaid expansion not only for low-income adults, but also for the hospitals that serve this population,” the authors of that study conclude.

The two studies, both published Tuesday in the journal Health Affairs, come as new states consider Medicaid expansion, a key pillar of the health law that President Obama signed in 2010.

[…]

GOP resistance to Obamacare is already affecting low-income residents of those state, the new studies suggest.

In Texas, for example, the percentage of residents reporting trouble paying medical bills, skipping prescriptions or delaying care because of cost barely moved between 2013 and 2014.

By comparison, Kentucky and Arkansas saw major declines in all three measures of access to medical care after the Medicaid expansion began in 2014.

The share of residents of the two states who reported skipping a medication due to cost fell more than 10 percentage points. And the percentage of Kentucky residents who said they had trouble paying medical bills dropped by more than 14 percentage points, from 42.7% to 28.4%.

Researchers also found major gains in the share of residents who said they had a check-up in the prior year, which increased more than eight percentage points in both Kentucky and Arkansas.

And they found sizable increases in the percentage of patients with chronic medical conditions who got regular care, which increased more than 6 percentage points in the two states.

Texas, by contrast, saw a decline in the percentage of chronically ill residents who got regular care between 2013 and 2014, according to the study, which was based on a telephone survey of 5,665 low-income, working-age adults in the three states.

But hey, we sure are pro-life around here, right? Just not pro-healthy life, or at least not pro-healthy life for non-rich people. I’m sure that’s in the bible somewhere. The Chron and Daily Kos have more.

Two anti-gay bills advance

Look out.

RedEquality

Gay rights advocates began sounding the alarm Wednesday after two anti-LGBT bills cleared House committees and another received a favorable hearing.

Kathy Miller, president of the Texas Freedom Network, said if LGBT groups and their corporate allies don’t work quickly to generate the type of backlash seen over a religious freedom bill in Indiana last month, it could soon be too late.

Miller made the statement on a day when separate House panels advanced bills that would bar county clerks from issuing same-sex marriage licenses and allow state-funded adoption agencies to turn away gay couples based on religious beliefs. The two bills, which breached a dam that had kept a record number of anti-LGBT measures at bay for the first 100 days of the session, now head to the Calendars Committee.

“My fear is that if the Indiana-style outrage doesn’t happen now, before these bills make it to the floor of the House, it will be too late, because the membership of the House will pass these bills, and then the Senate will fly them through, and Gov. [Greg] Abbott will have no choice but to sign them in his mind,” Miller said.

Miller and others said with the U.S. Supreme Court set to hear oral arguments on same-sex marriage Tuesday, moderate Republicans in the Legislature are feeling the heat from social conservatives.

“I feel like the Republican base is desperately afraid of the Supreme Court’s ruling on marriage this summer,” Miller said. “I think there’s a tremendous amount of pressure on the leadership in the House to pass anti-LGBT legislation. I think some of Speaker [Joe] Straus’ lieutenants are more likely to cave in to that pressure than others.”

[…]

The House Committee on State Affairs voted 7-3 along party lines to advance House Bill 4105, which would prohibit state or local funds from being used to license or recognize same-sex marriages.

Among those voting in favor of the bill was Rep. Byron Cook (R-Corsicana), a moderate who chairs the committee and has come out in support of one pro-LGBT bill.

“For me, I believe in the sanctity of marriage between one man and one woman, so that’s why I voted for it,” Cook said.

All due respect, and I do respect Rep. Cook for his support of the birth certificate bill, but he’s not a moderate. As I noted before, he received an F on the 2013 Equality Texas report card. His support of Rep. Anchia’s bill is great and appreciated, but it doesn’t change who he is.

The Texas Association of Business, the state’s powerful chamber of commerce, has come out against two proposed religious freedom amendments that critics say would enshrine a “license to discriminate” against LGBT people in the Texas Constitution. But the TAB has remained silent on the bills that cleared committee Wednesday.

“We have not taken a position and doubtful (with timing of the session) that we will be able to,” TAB President Chris Wallace said in an email. “We will continue to monitor the business-related implications.”

Late Wednesday, the House Committee on Juvenile Justice and Family Affairs voted 6-1 to advance House Bill 3864, by Rep. Scott Sanford (R-McKinney), which would allow state-funded child welfare providers to discriminate based on sincerely held religious beliefs.

Meanwhile, dozens of pastors gave hours of testimony in support of House Bill 3567, also by Sanford, which he said is designed to prevent clergy from being forced to perform same-sex marriages. Critics of HB 3567 say it’s so broadly written that it could allow any religiously affiliated organization—from hospitals to universities and homeless shelters—to discriminate against LGBT people.

None of this is good, so now would be an excellent time to call your State Rep and ask him or her to vote against these bills. It would also be nice if the TAB and its other corporate allies would remember that not only are these bills bad for business, they will inevitably lead to expensive litigation (that the state will lose) because they’re clearly unconstitutional. The cheaper and safer route is to keep them bottled up in the House.

It’s hard to overstate just how out of step with public opinion all of this is. I can only conclude that the GOP is more in thrall to its zealot wing than it is to the business lobby. Maybe this will finally help cause a bit of a schism. As far as those “Christians” that were there to lobby for these bills, they don’t represent all people of faith. Not by a longshot. And finally, if Indiana and Arkansas weren’t object lessons enough for Republicans, just keep an eye on Louisiana, where Bobby Jindal has decided that the best strategy is to double down. Imitating Arkansas is bad enough – do we have to do what Louisiana does, too? The Trib has more.

Let Indiana be our guide

Chron business columnist Chris Tomlinson has a warning for us.

PetitionsInvalid

Watching Indiana Gov. Mike Pence call for a revision to a week-old religious freedom law this morning should be required viewing for every Houston politician and business person.

After refusing to denounce discrimination against lesbian, gay, bisexual and transgender individuals for days out of fear of alienating his political base, Pence did what all politicians who see their careers slipping away do. He flip-flopped, called it a clarification and denied there was a problem.

Why did this conservative Republican suddenly speak out against LGBT discrimination? Because American consumers and businesses made it clear that they would not accept bigotry in any form, even when disguised as religiosity. Corporations announced they would not subject their LGBT employees to the chance they may face legally-sanctioned discrimination. Angie’s List announced it would not expand in Indiana and numerous other groups began canceling conventions in the state.

What happened to Pence could happen to Houston and Texas.

[…]

Can you imagine what would happen if the small number of Houston voters who actually show up to the polls approved a repeal of the law? Houston would be labeled a city of bigots and the firestorm over Indiana would look like a campfire.

I know business people don’t like to think about social issues, most are concentrating on running the best business they can. But the business community needs to pay attention to what’s happening to Houston’s civil rights ordinance in court and what could happen at the ballot box. If the repeal passes, those new hotels and the updated convention center may have a hard time finding customers.

We should know soon whether or not there were enough valid signatures after the recount. In the meantime, as Tomlinson noted, there are bills in the Legislature that would do to Texas what Mike Pence did to Indiana; Arkansas was also going down that path before their Governor had a dose of sanity. Maybe all that WalMart lobbying against it made a difference. In any event, you might think that organized opposition from the business community here might help sway some opposition, but 1) the type of person that supports this kind of law doesn’t believe any of the bad things that everyone tells them will happen will actually happen, even with the evidence of it happening now, and 2) I don’t believe the business community will follow up by actually opposing any of the supporters of those bills in the next election.

To be fair, the business community is talking a good game.

“This thing is equally bad or worse than Indiana, and look what’s happening there,” said Bill Hammond, head of the powerful lobbying group the Texas Association of Business. Organizations as disparate as NASCAR, Walmart and Apple have blasted Indiana and Arkansas for their laws, already prompting the governors of both states to backpeddle on their support.

Sen. Donna Campbell, R-New Braunfels, one of at least three lawmakers proposing so-called religious freedom legislation this session, said she will narrow her bill in the face of a slew of similar concerns.

Campbell’s Senate Joint Resolution 10 seeks to enshrine the 15-year-old Texas law in the state Constitution, but without the key civil rights and local control protections. Her original proposal also removed the word “substantially,” which critics said would have allowed anyone who thinks the government is infringing upon his free expression, however slightly, to sue the state.

On Wednesday, however, Campbell’s staff confirmed she will re-insert the word “substantially.” Rep. Matt Krause, R-Fort Worth, who has proposed an identical bill in the House, said he is not opposed to amending his legislation the same way.

“That’s an improvement,” Hammond said. “But we have a long list of concerns with the legislation and the issue of ‘substantial burden’ is just one of them.”

Hammond cited the civil rights protections and local control issue, saying not exempting cities and municipalities could put local nondiscrimination ordinances like those in San Antonio and Houston on the chopping block. Enshrining the law in the Texas Constitution would make it much harder to amend or repeal if problems arise, he said. He also noted Campbell’s bill does not include a $10,000 cap on damages included in the existing law, potentially opening the state to unlimited litigation costs.

The impact on the Texas’ economy could be substantial, Hammond and other opponents said. Houston and other cities could lose the opportunity to host valuable sporting events and companies planning to expand their Lone Star State footprint could pull out – like Angie’s List did with its now-canceled expansion in Indianapolis.

“The motivation is to permit discrimination on the basis of religious belief,” said Rebecca Robertson, legislative and policy director for the American Civil Liberties Union of Texas. “That’s not the brand we want to be associated with.”

The opposition was heavy enough to lead Jason Villalba, R-Dallas, to drop his religious freedom proposal in early March, after which Krause picked it up. Krause said he would be amenable to tweaking his bill, but he chalked up business opposition to opponents simply not understanding the legislation.

“I think it’s a bunch of overreaction, and not understanding what the law really does or what it means,” Krause said.

Oh, I think we all understand it just fine, but thanks for demonstrating my point. Like I said, people like Bill Hammond talk a good game but they are notoriously short on action. A credible threat of primary opposition might open some eyes. If one is not inclined to do the right thing, one needs to fear the consequences of doing the wrong thing. I don’t think enough legislators do.

It’s still not Medicaid expansion

The Legislature may do something that could sort of be called “Medicaid expansion”, if only for lack of a better term, but we would all do well to remain deeply skeptical of what they might consider.

It's constitutional - deal with it

It’s constitutional – deal with it

The once taboo subject of expanding Medicaid in Texas has been broached in recent weeks by some Republicans and GOP-friendly organizations, as the Legislature prepares to reconvene early next year.

[…]

In 2013, state Rep. John Zerwas, R-Richmond, wanted to use federal dollars and a Medicaid waiver to create a new insurance program for poor Texans, but he was never able to build much support among his Republican colleagues.

“Last time, everybody was pretty reactionary,” said Zerwas, a physician. “We were playing defense.”

But with Perry leaving office in January and a new legislative session set to begin, Zerwas and his allies once again are pushing for a new program.

The difference this time is the dialogue is more thoughtful and the effort is more organized, he said.

Zerwas and other legislators had the chance after the 2013 session to go back to their districts and listen to their constituents. Many expressed interest in insuring people who can’t get coverage under the new law, he said, but many more have indicated that they want to see the already stressed, safety-net hospitals get some relief from being forced to care for so many uninsured people.

Gov.-elect Greg Abbott said on the campaign trail that he opposed Medicaid expansion, but spoke of seeking a block grant from the federal government to reform Medicaid in the state, echoing some other Texas Republicans.

The words “block grant” are your first clue that despite the sincere words of people like Rep. Zerwas, this is the same old song and dance with some fresh wrapping paper on it. Block grants are a shibboleth and a mirage. The Bush administration refused to grant waivers to allow for these things. President Obama will nominate Ted Cruz to be its next Attorney General before his administration will consent to block grants for Texas.

The Texas Association of Business, an influential group with close friends in the Republican Party, has come out again in support of expanding Medicaid, just as it did in 2013.

Bill Hammond, president of the organization, said it will take a “massive effort” in 2015 to increase coverage for Texans, but it’s a fight he is willing to take on.

“It just makes sense for us from the business perspective,” he said.

[…]

Dan Stultz, president and CEO of the Texas Hospital Association, said in a presentation that hospitals need meaningful coverage expansion.

Stultz told the Associated Press earlier this year that hospitals agree with Perry that the Medicaid program is “severely flawed,” but he also said that “without the Medicaid expansion, many will remain uninsured, seeking care in emergency rooms, shifting costs to the privately insured and increasing uncompensated care to health care providers.”

The Texas Medical Association, one of the most powerful lobbies in state government, also supports allowing state leaders to work with the federal Centers for Medicare and Medicaid Services to come up with a solution that fits Texas’ health care needs.

The association’s leaders are pushing the Legislature to create a concept, as it says on the group’s website, that “works for the state and helps Texans in the coverage gap get affordable and timely care.”

The “support” these organizations have for Medicaid expansion doesn’t extend to supporting candidates that support Medicaid expansion, of course. In that way, it’s like their support of immigration reform. Fill in your own definition of insanity, and go search healthcare.gov for insurance policies that would cover that affliction.

Be all that as it may, we now have an interim report with recommendations on the subject.

Texas should pursue a waiver from the federal government for more flexibility to administer Medicaid, heighten the “visibility” of the state’s mental health programs to “ensure adequate leadership and accountability” and consolidate its three major women’s health programs, the Senate Committee on Health and Human Services said Monday.

In a lengthy report, the interim committee released its recommendations for the 2015 legislative session, addressing charges from outgoing Lt. Gov. David Dewhurst to expand access to women’s healthcare, improve the state’s mental health services, stop prescription drug abuse, and provide affordable care options for the state’s uninsured — all under the constraints of a fiscally conservative budget.

[…]

Among the report’s other recommendations:

Texas should not expand Medicaid to cover low-income adults, a key tenet of federal health law. Lawmakers should, however, seek to renew the “transformational” Medicaid waiver that, among other things, helps reimburse hospitals for the emergency care they provide to the uninsured. Notably, the report does not rule out pursuing a transformational waiver like the one the feds approved in Arkansas, which provided for a private health coverage expansion to low-income people using the Medicaid expansion dollars made available under the Affordable Care Act.

See here for some background, and here for a copy of the report. Rather than get distracted by shiny objects, read these two paragraphs from page 23:

The state’s first order of business must be to repair this broken Medicaid system and bring these costs under control. By enacting common-sense reforms such as cost sharing, health savings accounts, variable benefit packages, and high-deductible emergency care plans, Texas can reform its Medicaid program in a way which contains costs, encourages personal responsibility, and lessens the burden of providing uncompensated care.

Unfortunately, most of these innovative solutions are not able to be implemented under the strict Medicaid guidelines imposed by the federal government. By receiving a federal waiver from these restrictions, Texas can finally have the flexibility it needs to design a sustainable and cost-effective Medicaid program that is appropriate for the citizens it serves and accountable to taxpayers.

Like I said, let’s keep our eyes on the ball. The feds have been making noise about that “transformational” waiver not being a guarantee if Medicaid isn’t expanded in some acceptable form. What “acceptable” looks like is the hundred billion dollar question. The feds have been fairly accommodating to recalcitrant states, but there’s only so far they’ll go. Block grants ain’t happening, and those pet rocks masquerading as “common sense reforms” are more smoke than substance. Texas is going to have to give something to get something, and I’ll believe that will happen when I see it. A press release from Sen. Charles Schwertner, the chair of the HHS committee, is here, and Texans Together has more.

The Texarkana experience

The city of Texarcana literally sits on the border between Texas and Arkansas, partly in one state and partly in the other. That means that some of its residents may be eligible for a health insurance subsidy under Arkansas’ Medicaid expansion/privatization hybrid. Or they may be in Texas and be screwed like anyone else.

It's constitutional - deal with it

It’s constitutional – deal with it

Arkansas accepted the Medicaid expansion in the Affordable Care Act. Texas did not.

That makes Texarkana perhaps the starkest example of how President Obama’s health care law is altering the economic geography of the country. The poor living in the Arkansas half of town won access to a government benefit worth thousands of dollars annually, yet nothing changed for those on the Texas side of the state line.

[…]

None of the low-income Texarkana residents interviewed realized that moving to the other side of town might mean a Medicaid card. In fact, health researchers and those who work with the poor expect very few Americans to move between states to take advantage of the law.

“It’s impossible to understand what it is to move when you have nothing,” said Jennifer Laurent, the executive director of Randy Sams’ Outreach Shelter, where Ms. Marks is staying until she puts together enough savings from her two low-wage jobs to find her own place. “To risk everything — losing your bed, your sense of community — for an uncertain benefit? There’s no way you want to risk that.”

Research on other expansions of government benefits has borne that out: A study in the journal Health Affairs looked at the “welfare magnet hypothesis” and found no evidence that it exists.

“I’m sure, anecdotally, that some people will move,” said Benjamin Sommers, an assistant professor of health policy and economics at the Harvard School of Public Health and a co-author of the study. “But is this a major budget issue for states expanding Medicaid? Will there be a major wave of people moving to get insurance? Probably not.”

[…]

Indeed, until the Supreme Court ruling, the Obama administration had intended for the Medicaid expansion in the Affordable Care Act to be universal, covering all adults earning up to 133 percent of the federal poverty line, about $15,500 annually for a single adult or $32,000 for a family of four.

That’s the way it is working out on the Arkansas side of the border, where health clinics and social service agencies are signing up eligible residents, even though this corner of the state is largely Republican and broadly resistant to the health care law.

The expansion is already having an effect on the city’s biggest provider of charity care, the nonprofit Christus St. Michael Health System. “We’re seeing more patients with a payer,” said Chris Karam, its president, referring to those with health insurance coverage.

On the Texas side, though, it’s business as usual. “It makes me mad,” said Mr. Miller, who is not receiving any federal benefits at the moment despite his array of illnesses. “They need to quit playing games with people’s lives. Rich people. Government people.”

Yeah, that would be nice. I believe I’ve mentioned once or twice that there’s an election this fall in which issues like this will be at stake. One hopes the people of Texarkana will recognize the opportunity that gives them. The rest of us, too.

Two wins against voter ID

Good news from Wisconsin.

Still the only voter ID anyone should need

Still the only voter ID anyone should need

Trying to crack down on in-person voter fraud isn’t a strong enough justification for Wisconsin’s voter ID law, a federal judge ruled Tuesday, because voter impersonation virtually never occurs now and is unlikely to become a real problem in the future.

In striking down the 2011 law signed by Gov. Scott Walker (R), U.S. District Judge Lynn Adelman held that although the U.S. Supreme Court had ruled in 2008 that states had an interest in preventing voter fraud, Wisconsin’s voter ID law wasn’t justified because voter fraud in person doesn’t really exist.

“The evidence at trial established that virtually no voter impersonation occurs in Wisconsin,” Adelman ruled in Frank v. Walker. “The defendants could not point to a single instance of known voter impersonation occurring in Wisconsin at any time in the recent past.”

The judge also held that re-enforcing public confidence in the electoral process wasn’t a sufficient justification for the voter ID law. He noted that there was no evidence that law enforcement authorities were simply failing to catch instances of voter impersonation because they were hard to detect.

If voter impersonation is occurring “often enough to threaten the integrity of the electoral process, then we should be able to find more evidence that it is occurring than we do,” Adelman wrote. “If, for example, voter impersonation is a frequent occurrence, then we should find more than two unexplained cases per major election in which a voter arrives at the polls only to discover that someone has already cast a ballot in his or her name.”

[…]

“This is a warning to other states that are trying to make it harder for citizens to vote,” Dale Ho, director of the ACLU Voting Rights Project, said in a statement. “This decision put them on notice that they can’t tamper with citizens’ fundamental right to cast a ballot. The people, and our democracy, deserve and demand better.”

This ruling follows on the heels of a state judge in Arkansas finding that state’s voter ID law unconstitutional. That ruling has been temporarily stayed pending appeal, and the Wisconsin ruling will also be appealed, so it’s still early days.

Rick Hasen analyzes the Wisconsin ruling.

This is about the best possible opinion that opponents of voter identification laws could have hoped for. It is heavy on both facts and on law. It is thoughtful and well written. It finds that a voter id law serves neither an anti-fraud purposes (because “virtually no voter impersonation occurs in Wisconsin and it is exceedingly unlikely that voter impersonation will become a problem in Wisconsin in the foreseeable future”) nor voter confidence purposes. It finds that it burdens lots of voters (up to 300,000) voters. It finds these burdens fall especially on Black and Latino voters and that the reason is does is poverty, which is itself the result of prior legal discrimination.It enjoins enforcement of the law for everyone, and expresses considerable doubt that the Wisconsin legislature could amend the law to make it constitutional. It is about as strong a statement as one might imagine as to the problems the voter id law.

[…]

On the VRA issue, this is the first full ruling on how to adjudicate voter id vote denial cases under section 2. The key test appears on page 52 of the pdf: “Based on the text, then, I conclude that Section 2 protects against a voting practice that creates a barrier to voting that is more likely to appear in the path of a voter if that voter is a member of a minority group than if he or she is not. The presence of a barrier that has this kind of disproportionate impact prevents the political process from being ‘equally open’ to all and results in members of the minority group having ‘less opportunity’ to participate in the political process and to elect representatives of their choice.” The judge also approaches the causation/results question in a straightforward way. It is not clear whether the appellate courts will agree or not agree with this approach, which would seem to put a number of electoral processes which burden poor and minority voters up for possible VRA liability.

In sum, this is a huge victory for voter id opponents. But time will tell if this ruling survives.

So reasons for hope, but it’s way too early to celebrate. What the trial courts have done, the appeals courts and the Supreme Court can still undo. On the bright side, Kevin Drum explains why this case was different than Crawford v. Marion County, the 2008 Supreme Court decision that allowed for voter ID:

In a word, better arguments from one side. In Crawford, the state presented virtually no evidence that in-person voter fraud was a problem in Indiana—but neither did the plaintiffs provide much evidence that a voter ID law presented a serious obstacle to voting. Given this, the state’s interest in preventing voter fraud—even if that interest was more speculative than real—carried the day.

This time, the state once again produced virtually no evidence that in-person voter fraud was even a potential problem. But the judge was presented with loads of evidence that the burden of obtaining a photo ID was, in fact, quite high for low-income voters in particular. Since Crawford mandated the use of a balancing test to assess whether a photo ID law was justified, that made the difference and Wisconsin’s law was struck down.

He goes on to highlight parts of the decision that show the burden on some 300,000 voters in Wisconsin to get an accepted form of voter ID. The parallels to Texas should be obvious to anyone that has followed the issue in our state.

Speaking of Texas, there’s a hearing scheduled for today on motions made by AG Abbott to quash subpoenas to current and former members of the Legislature on their role in crafting the voter ID law – see here for the background, and here for the plaintiffs’ responses. How the judge rules on this motion will determine how much these legislators will have to testify in this case, and how much is protected by legislative privilege.

Arkansas will expand Medicaid

If they can do it

It's constitutional - deal with it

It’s constitutional – deal with it

[Friday], the Center for Medicaid and Medicare Services notified state officials in Arkansas that it has approved the states’ Medicaid expansion plan. And this is not any old expansion plan: Arkansas will be the only state in the country that will use Medicaid dollars to purchase private health insurance for its new public program enrollees.

“CMS is pleased to approve Arkansas’s Medicaid 1115 Waiver application,” Medicare spokeswoman Emma Sandoe said in a statement. “Arkansas and CMS worked together to find flexibilities that gave the state the tools to build a program that worked for them and their residents. We appreciate the collaboration with Arkansas throughout the process and applaud their commitment to providing Arkansans with access to high-quality health coverage.”

There are about 200,000 Arkansans who qualify for the Medicaid expansion. Instead of having them enroll in the public program, like other states will do, Arkansas will send them to their new health insurance marketplace to buy individual plans. When they get to the point of purchase, the Medicaid agency will foot the tab for their health insurance coverage.

The Arkansas expansion will start open enrollment just five days from now, on Oct. 1, alongside the 25 other states planning to expand the program. Benefits will begin Jan. 1.

The idea of using Medicaid expansion funds to pay for private insurance for those that would have qualified for Medicaid under Affordable Care Act expansion guidelines was proposed earlier this year, while the Lege was in its first session. House Speaker Joe Straus seemed open to this kind of idea, but he had precious little company on his side of the aisle. The quasi-Medicaid “expansion” bill that made it out of the House before withering on the vine insisted on asking for a block grant first, as that is Rick Perry’s obsession, but maybe – MAYBE – once that door is slammed shut again there will be some willingness to look at this plan again, however imperfect it is.

I do not expect another Ardmore

The AusChron tries to get out the Democrats’ strategy for Special Session 2.

When the Texas House convened last last month to pass, on third reading and onto the Senate for final passage, Senate Bill 5, the omnibus abortion regulations bill, Austin Rep. Elliott Naishtat heard several colleagues discussing whether House Dems would be ready to walk out – to break quorum – in order to stop the measure from moving forward.

Among the questions before Democrats as they face today’s start of a second-called special session, with passage of abortion regulations first on Gov. Rick Perry’s to do list, is whether a mid-summer, out-of-state sojourn may be in the cards. “There was talk about it” on the floor last month, he said, “and there will undoubtedly be talk about it again.”

[…]

With the 30-day special-called session only getting under way today, there is plenty of time for Republicans to maneuver to pass the divisive measures – as one Capitol staffer said last week, not even Davis can talk for 30 days. But there remain other strategies to explore, said Austin Democratic Sen. Kirk Watson – though he declined to offer specifics. “I’m not going to get into strategies,” he said, “but we’re not going to give up the fight.”

[…]

Requiring testimony in each chamber may be one way to moderate the legislation’s forward progress, but it is unlikely to do much to halt the ever-forward movement. So, might a mid-summer trip to a nearby state be the way to go? That’s certainly an option, says [Rep. Donna] Howard. Though, realistically, says Naishtat, he isn’t sure that it would work to derail the measure completely. “I don’t see how House or Senate Democrats could break quorum for the amount of time necessary to defeat the bill – it could be as much as three weeks,” he said. “On the other hand, other people doubted that Sen. Wendy Davis could pull off a filibuster. So what I’m saying is, you never know.” Indeed, Naishtat agrees that at this point, every option is on the table. And it would be “foolish,” he said, for Republicans to “underestimate our power, our intelligence, our mastery of the rules, and our commitment to doing everything legal to prevent the passage of … anti-pro-choice bills.”

I’m not privy to the Dems’ thinking, and I certainly wouldn’t dismiss any feasible possibility out of hand, but I have a hard time seeing how a quorum break would be successful. As with the Davis filibuster, all it can do is delay. It can’t prevent any of this awful legislation from passing, because Rick Perry can just keep calling more sessions, which you know he will. The reason why Ardmore was doable in 2003 was that the Dems only needed to be gone for five days. As with the previous special session, the re-redistricting bill came up late, and it was close enough to the deadline for passing bills out of the House for the Senate to take up that they could bug out on Monday and return on Saturday having accomplished their task. Busting quorum now would be like what the Senate Dems tried to do later that summer. As was the case back then, there was no magic day after which you could say you were in the clear. Maybe they’ve though this through and they know what their endgame is, but I have my doubts. It’s asking an awful lot of a lot of people, and I don’t know how practical it is. I hate to be a wet blanket, and I could be wrong about this, but that’s how I see it.

Two more factors to consider. One is that in the aftermath of Ardmore and Albuquerque, there were some rule changes made in each chamber to make future quorum busts more difficult and more punitive to the fleeing party. I don’t remember the details, but I do feel confident that the Rs would be extremely vengeful towards a caucus that skipped town. Two, back in 2003 the Governors of Oklahoma and New Mexico were both Democrats, and thus unwilling to cooperate with the efforts to locate and extradite the Killer Ds. Both Governors are Republicans now, so no such assistance would be in the offing. The only neighboring state now with a Democratic Governor is Arkansas, but I would not want to put my fate in that state’s hands. The nearest state where I’d feel safe, politically speaking at least, is Colorado. Point being, any out of state excursion would need to be done by air, not by bus, which increases the cost, the risk factor, and the likelihood of something going wrong because there’s just too much you can’t control.

Anyway. If it were up to me, I’d do everything I could to drag the proceedings out, while giving the crazier members of the GOP caucus as many opportunities to say something as stupid as Rep. Laubenberg did last session, and I’d lay whatever groundwork I could for litigation to block the law. The name of the game is the 2014 election. Go down fighting, keep everyone engaged, and be ready to pick up where you left off as soon as the session ends. Be sure to read the whole AusChron story, there’s a lot more in there besides quorum breaking.

The limits of the Arkansas option

I’ve mentioned the Arkansas option for expanding Medicaid several times, under which the state uses Medicaid money to buy private health insurance for those who would be eligible for Medicaid under the Affordable Care Act. It’s not my preferred solution, but it has some merits and would certainly be better than doing nothing. However, while the federal government has shown a great deal of flexibility in allowing an arrangement like this and like what is on the table in Florida if their legislature doesn’t deep-six it, that flexibility has its limits, as the state of Tennessee found out.

It’s constitutional – deal with it

Tennessee wanted to pursue a plan like that of Arkansas, one where it would use the Medicaid expansion dollars to buy private insurance coverage. And while Arkansas received a preliminary go-ahead from HHS, Gov. Bill Haslam had a quite different experience: He says that Health and Human Services would not support his plan to expand Medicaid and, as a result, he will not move forward.

“As a result of the lack of clarity from HHS,” his office said in a late Wednesday statement, “the governor will not ask the General Assembly for approval to accept the Medicaid expansion federal funds as he continues to work for the flexibility needed to implement his plan.”

Haslam told local reporters that the Obama administration didn’t reject the entire proposal. “Of our request to Medicaid,” he said, “we got one or two yes’s, one or two no’s, and a whole lot of I don’t knows.”

[…]

But some of the other points in the Tennessee proposal might have raised eyebrows in the Hubert Humphrey Building. The governor proposed “co-pays for those who can afford to pay something.” As for what that would mean in practice, Andy Sher at the Chattanoga Times Free Press reports that the governor wanted Medicaid beneficiaries to pay the same cost-sharing as other exchange enrollees.

Medicaid experts I’ve spoken with have made it clear that such an approach wouldn’t fly: Even if they receive private coverage, the Medicaid agency would need to ensure they aren’t spending more out of pocket than they would in the public plan.

Officials in Arkansas agree with this interpretation, too. “Medicaid definitely has strict rules for people below the poverty line and then they issued some new rules this year, for people above the poverty line,” Arkansas Medicaid spokeswoman Amy Webb told me last month. “We still believe those apply, and we intend to follow those.”

I bring this up because while there has been some talk about the “Arkansas solution” among Texas Republicans, what they’re really talking about is more akin to the Tennessee proposal. Specifically, “copays, deductibles and premium payments on a sliding scale for poor patients, using asset testing to ensure services are going to people who truly need them” are among the items Rick Perry and his ideological cohorts are demanding. The shell bill filed by Rep. John Zerwas that would direct HHSC to negotiate with the Obama administration over a “Texas solution” includes this language, though it’s not clear to me if it’s an option or a requirement. If it’s the latter, I think we now know how these negotiations are going to go.

The point I’m trying to make here is that we need to pay attention to the contents of HB 3791 and listen carefully to what people like Rep. Garnet Coleman have to say about it. If the final bill includes demands for things that the feds have already categorically rejected, then we need to be aware of that up front. Because if it does contain such a requirement, then we need to be prepared for when Rick Perry claims that he “tried” to negotiate with the Obama administration but they were too inflexible and unwilling to compromise so we can call it out for the BS that it is. If Texas negotiates in good faith, the feds have shown that they can be very accommodating. If not, we shouldn’t be surprised when the negotiations fail, and we shouldn’t let the state claim that they made a legitimate effort. Perry and his cronies have made it abundantly clear that they really, really don’t want to expand Medicaid. We should take them at their word and not be distracted by side issues.

Straus wants someone to do something on Medicaid

Don’t we all, Joe. Don’t we all.

Rep. Joe Straus

Seeking to light a fire under fellow Republicans to provide health care to more uninsured Texans, House Speaker Joe Straus said Wednesday that it is time to “get our heads out of the sand” and find an alternative to Medicaid expansion that would bring billions of federal dollars to the state.

Straus said he and other Republicans have made it clear that they oppose expansion of Medicaid as the program now stands.

“But I think it’s time that we said more than that,” he said. “It’s time that we put forth a good-faith effort to find a Texas solution. We need to move beyond the word ‘no’ to something that the administration might entertain. There are no winners if nothing is agreed to. We have a very large state, a significant population of uninsured people … and I think it could be an opportune time to put some proposals on the table that could be supported by Texas leadership.”

Straus, R-San Antonio, said elements to focus on include subsidies to allow people to obtain private coverage, promoting personal responsibility and cost-sharing, such as co-pays and deductibles.

Straus said there may be a way to tie a plan to a reduction in local taxes, since a key argument for expansion is that it would relieve local taxpayers of some of the burden they now bear to cover the cost of treating uninsured people in public hospitals.

[…]

It is unclear exactly how the conversation will move forward, but Straus said it is important to gear up talks with the aim of building consensus behind a Texas solution.

“We need to make the right business decision for Texas taxpayers,” Straus said. “Local governments have to carry a very heavy burden and look, poor people are going to get sick. They’re going to be treated. And somebody’s going to pay for it.”

Nice talk, if plenty vague. But let’s keep these things in mind:

– Medicaid is going to be cheaper than private insurance. If there’s a problem with doctors not accepting Medicaid, that’s entirely within the Lege’s discretion to fix, since the Lege sets the amount that doctors get paid from Medicaid. But even with more generous reimbursements, Medicaid is going to be less expensive than insurance provided by a profit-seeking enterprise.

– The single biggest obstacle in all this is Rick Perry, with Greg Abbott right behind him. These guys just don’t care about this issue. I can’t state it any more plainly than that.

– Of course, after ten years of complete Republican control of Texas government, the only reason people like Joe Straus are even talking about this is because they have to, thanks to the efforts of President Obama and Congressional Democrats. Texas leads the nation in uninsured people, a situation that has only gotten worse under the Republicans. What little progress there has been has been in spite of the Republicans. It didn’t have to be that way, but it was and is. I’m glad that Straus wants to do something, but I don’t take it as a change of mind, just as a recognition of the lay of the land. He hasn’t exactly been powerless to effect change before now, after all.

Be that as it may, there was a hearing in the House on Friday to talk about just what Texas might do to expand health care access, whether Medicaid or something else.

There are thousands of scenarios that the state could take to expand and reform Medicaid, Kyle Janek, executive commissioner of the Texas Health and Human Services Commission, told the committee. But “we don’t have something on paper,” he said. Janek said he is awaiting further direction from the Legislature to craft a specific plan.

Rep. Sylvester Turner, D-Houston, referenced a compromise Arkansas’ Republican-led Legislature reached with the federal government, and said if “the people in Arkansas are much more capable of designing a system than the people in the state of Texas, that has taken us to a different level.” He called on his colleagues to stop being critical of the Medicaid expansion presented by the Affordable Care Act and to ask themselves “whether or not Texas has the ability to design something that works for Texas.”

Requiring Medicaid patients to make co-payments for their care — an option that has received support from Perry, Straus and other GOP members — is allowed under the Affordable Care Act, Janek said. He said if Texas took a different route and attempted to subsidize private health plans through an Orbitz-style health insurance exchange like Arkansas, the state would need to set up policies to ensure benefits offered by Medicaid that weren’t covered by private plans didn’t disappear.

“I think the public has a misconception that Medicaid expansion will get us the greatest bang for our buck,” said Rep. Lois Kolkhorst, R-Brenham, who chairs the House Public Health Committee. “For Texas, the bang for our buck is really in the exchange, the subsidy [for] people going into private insurance.”

Kolkhorst said without expanding Medicaid, other tenets of the Affordable Care Act would reduce Texas’ uninsured rate from 24 percent — the highest in the nation — to 16 percent. Including the Medicaid expansion would drop the uninsured rate slightly more, down to 12 percent.

As noted above it’s actually almost 29 percent. But who’s counting?

In total, unreimbursed charity care creates a $4.3 billion annual tax burden on local government entities and public hospitals, Billy Hamilton, the state’s former chief budget estimator, told the committee. Overall, he said, there is enough local and state spending in the current system to cover the state’s share of Medicaid expansion costs.

“I know this is a controversial issue… but I don’t really think you’re going to see a more overwhelming fiscal opportunity during your service here,” said Hamilton. “I served this Legislature for 30 years and I’ve never seen anything like it.”

The committee also heard testimony from judges from Harris and Dallas counties who spoke in favor of expanding Medicaid, and from John Davidson, a policy analyst from the conservative Texas Public Policy Foundation, who spoke against Medicaid expansion.

Rep. John Zerwas, R-Simonton and an anesthesiologist, said Texas needs to ensure that any expansion of reform of Medicaid include ways to incentivize more health care providers to accept those patients. If it doesn’t, those patients will end up in the highest-cost environments, emergency rooms. Zerwas pointed out that only 32 percent of doctors are willing to take Medicaid patients in the existing program, under current reimbursement rates.

Rep. Donna Howard, D-Austin, said the Legislature should be held responsible for this lack of Medicaid providers, because lawmakers set those reimbursement rates. “The provider capacity is a real issue for this system, whether we expand or not,” she said.

So that’s Ed Emmett and Clay Jenkins, two guys who live in the real world and have to deal with the real world consequences of having thousands of uninsured people needing medical services their counties provide, versus some pampered, well-paid shill from a right-wing think tank. In a just world, that would be no contest. I’m glad to see Rep. Turner address the Arkansas plan, as that’s the first comment I’ve seen from a Democratic official about it. Again, it’s not my preference but if it’s that or nothing I’ll grab it with both hands.

In the end, as the updated story from the Trib notes, the Lege punted to the HHSC for now.

Rep. Zerwas filed legislation Friday that would grant the Health and Human Services Commission authority to craft “a Texas solution” to Medicaid reform and negotiate with the Obama administration to draw down billions in federal financing to expand Medicaid services.

As debate in the House Appropriations Committee on Medicaid expansion revealed Friday morning, the House remains divided on how Medicaid should be reformed and whether the program should be expanded. Currently, House Bill 3791 is a shell bill that will be altered as state legislators continue to negotiate how Medicaid should be reformed.

“We felt like it was time to start to get the ball moving on this. We’ve made it pretty clear that we’re not for current Medicaid expansion, but we do need to be for something else,” said Zerwas on Saturday, “because I think its very important for the state that we determine a way to cover this group of people that are currently uninsured.”

HB 3791 directs the HHSC to negotiate with the Obama Administration, so that Texas can draw down Medicaid expansion financing while implementing Medicaid reforms that enhance “personal responsibility” of Medicaid recipients, such as copayments or deductibles. It also includes a severability clause to end the agreement if the federal government reduces it share of Medicaid expansion financing.

As it stands, the HHSC does not “have a legislative directive or mandate to go forward on this, and that’s what this is intended to be,” said Zerwas, explaining the bill gives state lawmakers the opportunity to weigh in on how Texas should tailor a Medicaid expansion agreement with the federal government. The bill prompts the HHSC “to move forward on something that the Legislature, the [state] leadership is comfortable with that is in the best interest of Texans and allows us to pull down those dollars, which ultimately are our dollars,” he said.

In other words, they still don’t know what they want, but some of them at least have decided that doing nothing isn’t the best idea. I’m confident the Obama administration will be flexible in the negotiations given what we’ve seen them allow so far. It remains to be seen how flexible the state of Texas will be.

Finally, Sara Kliff provides some useful information about what the Arkansas plan really means, via an interview with George Washington University’s Sara Rosenbaum, an expert on Medicaid policy.

Sarah Kliff: Right now, you have a number of governors looking at the idea of using Medicaid expansion funding to buy private health insurance for enrollees. How novel of an idea is that?

Sara Rosenbaum: It’s been treated as this brand, new thing, but I don’t actually think it’s completely revolutionary. Keep in mind that states have been using Medicaid to buy managed care plans since the beginning of Medicaid. The whole notion of this as a conceptual breakthrough for Medicaid feels a bit off for me.

It does happen though that this is in Arkansas, which traditionally has not been a buyer of managed care, not a place like Arkansas, and not somewhere like Texas which has been buying managed care.

One of the good things about it, from my perspective, is that it gives you more stability of coverage, or gives you the chance at stability. You’re brought into a plan to stay.

SK: So the idea is, if your Medicaid expansion population is in private insurance, they won’t have to bounce back and forth between private and public plans.

SR: It does address a problem of churn. Four years ago I raised this and put this forward to House and Senate committees as a model. It was met with a lot of opposition from Medicaid advocates, which I didn’t totally understand having worked in Medicaid for almost four years now.

The need for stability of coverage is so great. These are the youngest, healthiest and lowest-income workers. All they have to do is churn from different insurance plans two or three times, and they’re going to say I’m through with this. And these are the exact people we want to enroll.

There’s more about the costs and other aspects of this that are worth your time to read. I still don’t believe the Republicans care enough to actually do something about this – note Kyle Janek’s remark about not having something on paper – but I will be happy to be proven wrong. EoW has more.

House Republicans reject Medicaid expansion

But that’s not quite the end of the story.

It’s constitutional – deal with it

House Republicans on Monday agreed not to expand Medicaid as called for under the federal Affordable Care Act — but left the door open to doing so if the Obama administration grants Texas enough flexibility.

“The current path as proposed is unsustainable from a fiscal standpoint,” said caucus chairman Brandon Creighton, R-Conroe. He said the caucus would continue to “propose solutions on the issue, which we’re formulating and will continue to do so throughout the session.”

Several Republican-led states have in recent weeks reached compromises with the federal government to expand Medicaid coverage to poor adults. Arkansas, for example, has received permission to use Medicaid expansion financing to subsidize private health coverage for individuals who would qualify for Medicaid under the expansion.

“State by state we’re going to study what every state proposes and compare it to what’s best for Texas,” Creighton said. “We are Texas, so we are very different. We’re not making a blanket statement or a hard position on anything.”

[…]

Some of the solutions Creighton said GOP lawmakers are considering include implementing co-pays to hold Medicaid enrollees fiscally responsible for their care or using the expansion funds to help subsidize private health coverage for poor Texans — similar to what Arkansas is considering.

The Arkansas option has its share of flaws – it’s likely to be more expensive up front, and in the longer term, especially once the federal match drops below 100% – but it’s a viable path forward that would cover a lot of people and would have a few advantages over traditional Medicaid. I haven’t seen any reaction to the Arkansas plan yet from Democratic leaders on health care, so there may be some gotcha I’m not aware of and I may be speaking out of school, but if the Lege pursues something like this I will consider it to be real progress. But first the Republicans have to decide what they want, and then they have to sell the Centers for Medicare & Medicaid Services that they’re serious. They don’t have a plan yet, so this is all theoretical anyway. Even if they get to the point of formulating a plan and advancing a bill, there’s still the little matter of Rick Perry.

“I’ve known Rick Perry for a long time and there’s nothing to make me believe that he’ll back down,” said Sen. Bob Deuell, a family doctor and Greenville Republican.

Another GOP physician-legislator, Rep. John Zerwas of Richmond, said it would be folly for lawmakers to support expanding Medicaid without first addressing Perry’s demands that the federal government allow Texas to administer the program the way the state wants.

“For us to try to move something at this end that isn’t going to incorporate any kind of flexibility in the program, he’s made it very clear that he would veto something like that,” said Zerwas, chief writer of the House’s budget for Medicaid and social services.

On Tuesday, supporters of the Medicaid expansion will march and rally at the Texas Capitol. On Monday, the House’s GOP caucus hurriedly met and pushed back, calling for continued resistance. In a closed-door meeting, the 95-member caucus supported Perry’s stand and voted overwhelmingly for a motion to reject the Medicaid expansion “as proposed” in the federal law.

Rep. Lois Kolkhorst of Brenham said House Republicans want to see “if we can work out a Texas-centric solution.” But she said House lawmakers are just starting to confer and are nowhere close to putting an alternative proposal to the Obama administration.

“The vote in the caucus reflects the governor’s current position,” said Kolkhorst, who heads the House Public Health Committee. Asked if House Republicans differ at all from Perry on Medicaid expansion, she replied, “I wouldn’t say there’s any daylight now.”

So don’t get your hopes up just yet. There’s still no evidence that the Republicans really care about this problem; they certainly don’t care enough to push Perry on it. While we sit around waiting for them to begin to care, people will die. “Pro-life”, my rear end.

The Arkansas way

The state of Arkansas will move forward with a plan to expand Medicaid, except that it’s not really Medicaid even though it will cover all of the Medicaid-eligible population. Here’s the explanation.

It’s constitutional – deal with it

Gov. Mike Beebe met with about twenty lawmakers this afternoon to announce the results of his meeting with Sec. Kathleen Sebelius last Friday.

The feds have given Arkansas permission to pursue a plan that would provide private health insurance to anyone between 0-138 percent of the federal poverty level, giving coverage to more than 200,000 of the currently uninsured. The government would pay for the entirety of the premium, though consumers might be subject to some co-pays.

Beebe brought questions and ideas from legislators to his meeting with Sebelius and “basically they’ve agreed to give us about everything we’ve asked for,” he said. “What that really amounts to is take the Medicaid population that would be expanded…and use those federal Medicaid dollars and purchase insurance through the exchange. So they would buy private insurance through the exchange for the entire population, and [the feds have] given us permission to do that.”

This isn’t “partial expansion.” The full pool of folks that would gain coverage under full expansion of Medicaid would still get it. But Arkansas is the first state to publicly get a deal that accomplishes this not via the Medicaid program but via the exchange (Florida will be allowed to send some Medicaid recipients to private insurance through their managed care system).

Just as with Medicaid expansion, the feds would foot the entire bill for the first three years. Thereafter, the state would have to start kicking in a little bit, eventually settling at 10 percent in 2020. (Technically, these are Medicaid dollars, but they would be flowing to private companies and consumers would be interacting with private companies, not with the Medicaid program.)

Such a deal would potentially be a windfall for insurance companies, as well as hospitals, who would likely see higher reimbursements from private insurance on the exchange. For low-income citizens without health insurance, the deal would be similar to expansion, they would just get private insurance instead of Medicaid.

Gov. Beebe also announced that, prompted by strong support from House Speaker Davy Carter, the state will likely use the “sunset provision” idea from Florida, which would require the legislature to re-approve the deal in three years time, after the full federal match rates run out. States are already allowed to opt in or opt out at any time, but Beebe got approval from Sebelius on the sunset idea as well, just in case. Carter told reporters that a sunset was a prerequisite to any deal.

As for costs, buying private insurance for citizens is likely more expensive than providing Medicaid. That almost certainly means that this deal will have a higher price tag for the feds. And it could mean higher costs for Arkansas once the state has to start chipping in. Beebe acknowledged that possibility but said the sunset will allow lawmakers to analyze the question with hard data in three years time.

[…]

Beebe did not offer an opinion on whether this approach was better than simply expanding Medicaid. One way or the other, he believes accepting federal money to cover the uninsured is a good deal and his focus now is on closing the deal.

“My main objective is to make this legislature as comfortable as I can make them,” he said. “With a three fourths vote requirement in both houses, that’s a steep, steep burden….If the majority would prefer to go this way to get this done, I’m happy with that. If they want to go the other way, I live with that as well. The cost to the taxpayer for the first three years in the state of Arkansas is going to be the same.”

Beebe said that for some legislators, subsidizing folks to buy private insurance was preferable to directly covering people through a government program for “philosophical” reasons.

Let’s pause for a second to consider that last paragraph. I’m writing about this story because the main objection to Medicaid expansion here in Texas is the oft-stated belief that “Medicaid is broken”, seen most recently here. I don’t particularly agree with that statement, but I’m not the majority in the Legislature. But whatever you think about this solution, it completely addresses that concern. The federal Medicaid funds would be used to buy private insurance through the insurance exchange instead. Don’t want to expand Medicaid because you think Medicaid doesn’t work? Fine, here’s a way to serve the vast uninsured population that doesn’t use Medicaid? What’s your objection to that?

Now, just because I think this is an interesting option doesn’t mean I think it’s awesome. Ed Kilgore points out the obvious:

So let’s be clear: using the exchanges will be more expensive, and perhaps less generous to beneficiaries, than traditional Medicaid, but because Republicans prefer private insurers for “philosophical reasons”.

[…]

This draws attention to two pretty important national issues: the first is the persistent gap between the faith conservatives place in the “efficiency” of private-sector health insurance and all the available evidence. And the second is the emerging long-term conservative strategy of undermining Obamacare by limiting its “public” elements as much as possible and then chipping away at the regulations that make it available and the subsidies that make it affordable. This is precisely what Douglas Holtz-Eakin and Avik Roy called for in their much-discussed recent op-ed on how conservatives should adjust to the enactment of Obamacare.

Note that providing coverage by this method will ultimately be more expensive to Arkansas as well, once the federal subsidy drops to 90%. The potential for states like Arkansas, Florida, and Texas if they go a similar route to drop the expansion at that time is sure to be a thorny issue down the line. Still, there is some upside to this, as Kevin Drum observes.

I’m a little more willing to wait and see how it works out. In particular, I happen to think this may solve a legitimate problem. Here’s the tail end of [that article in the Arkansas Times]:

Department of Human Services Director John Selig speculated that things would actually run more smoothly. “The most difficult part of the exchange was going to be people going from Medicaid to private insurance, back and forth as they went up and down [the] income line,” he said. “Now, you just keep [the private insurance company] as you go up or down. In a lot of ways this simplifies what happens on the exchange.”

This really is an issue with the Medicaid expansion, and it’s a well known one. If you’re at 130 percent of the poverty level this year, you qualify for Medicaid. If you get a raise and go up to 140 percent next year, you no longer qualify and instead have to navigate the exchanges. If your hours are cut back and you fall to 130 percent again the year after that, it’s back to Medicaid.

How big a deal is this? That’s hard to say. But it’s not a made-up issue, and it’s possible that the Arkansas approach could legitimately be better. What’s more, I’m OK with allowing states to experiment within limits. It’s the only way to find out whether or not the exchanges really are more expensive, and whether or not the Medicaid ping-pong really is a serious problem. The ideology behind this decision might be misguided, but there’s a good chance we’ll get some useful data out of it regardless.

If the Republicans are willing to consider this, I’m willing to see how it goes, too. Providing the coverage to those who don’t have it is Goal #1. If a minor sacrifice has to be made at the altar of ideology in order to achieve that goal, fine. For all of the background chatter about the possibility of a “deal” on Medicaid expansion, predicated on the federal government willing to be flexible, it should be clear by now that the feds will be flexible if the objective of covering the uninsured population is met. Florida, Ohio, and now Arkansas have all found ways to make deals with the feds. As it happens, there is now a Republican “plan” for expanding health care access, but it’s pretty darned skimpy, and even more ideologically driven.

[State Sen. Bob] Deuell said he was considering a plan that would have Texas request a waiver from Medicaid officials in Washington. The request would include asking for $50 billion over 10 years, which is about half the funding the state would otherwise get from Washington over that period to expand Medicaid under the Affordable Care Act.

The state then would use that $50 billion to cover the roughly one million Texans who don’t get Medicaid today but could if the state expanded it up to 138 percent of poverty. (138 percent of poverty equals about $31,000 for a family of four.) The state would give those one million folks the equivalent of what they otherwise would get from Medicaid, which he says is $4,800 per person in Texas.

I admit this is technical, but bear with me for a few more details:

Recipients could use that $4,800 to purchase private insurance, buy into the state health plan that legislators like Deuell use or buy into the state’s Medicaid plan. As part of this waiver, he said, the state would set up health exchanges that would allow the eligible population to shop for health insurance.

Here’s more on the Deuell concept – it’s not really developed enough to be called a “plan”.

[Deuell would] force everyone who benefits to work, even if it’s volunteer work, unless they’re disabled or stay at home parents or caretakers of the disabled. He’d force hospital districts to cut their property tax rates; and health care providers and insurers, their charges and premiums, once more of the 6 million uninsured Texans got private insurance coverage, thereby squeezing down uncompensated care. He’d force all new recipients to be “locked in” to a primary care physician — such as himself. That doc would serve as gatekeeper, and would have to flash the green light before the newly insured people could tap into care from other providers. Children now on government health care would be wrapped into new, family coverage policies. Low-income people with high deductible coverage, and who “act as if they’re uninsured,” would be able to apply the subsidies to their copays and deductibles. And Deuell would encourage healthier lifestyles by charging newly covered Texans more if they smoke or are obese.

His four-page letter, though, is more of a sketch than a blueprint. He speaks of how Texas should negotiate with the feds to use the block grant money to “form group or individual policies in conjunction with insurance companies and/or a health system. The recent joint venture of the Baylor system and Scott & White comes to mind.” But no matter how he and others debunk the federal law’s exchanges, his federal counterparts’ conservative template blithely says there will be “guaranteed access and minimum benefit standards” in the non-Obamacare exchanges. And that requires some serious regulation of health insurers, which critics say has not exactly been a Texas bragging point. (For the blithe reference, see question No. 5 on this Paul Ryan FAQ sheet.)

The “exchange” in question is modeled on the Coburn/Ryan “Patient’s Choice Act”, because of course we can’t have the taint of anything Obama-related in Texas. I see this as pretty much a non-starter, since block grants aren’t going to happen and it’s clear that maximizing coverage is not a priority. I give Deuell partial credit for at least coming up with something, however half-baked and impractical, though I will point out again that Deuell has been in office since 2003, which is to say for as long as the Republicans have had complete control of state government, and this is only being proposed just now, because the Republicans have been embarrassed by a Democratic President they hate. It’s something, in the sense that it’s not nothing, but it’s not any more than that. Call me back when they really mean it. Wonkblog has more.

UPDATE: Hope?

“From the standpoint of looking at how Texas could possibly expand coverage for this group of individuals, it fits very well with what my philosophy is,” said State Rep. John Zerwas, R-Simonton, an anesthesiologist and former hospital executive who called the plan a “private sector remedy.”

“I don’t know if it’s something the governor would particularly smile upon,” he added, “but certainly from my perspective this would be something worth looking at.”

It’s a start.