THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives' votes on two roll calls and local senators' votes on four roll calls from the week of May 17-21.

ALLOW DIFFERENT INSURANCE RATES BASED ON GENDER (H 889)

House 109-48, approved and sent to the Senate a bill that would allow Savings Bank Life Insurance (SBLI) to charge different rates based on a policyholder's gender. Current law prohibits this practice. The SBLI was created in 1907 by the state with the goal of providing low-cost life insurance. The Legislature in 1990 passed a law prohibiting SBLI from using gender to discriminate in policies.

Supporters of the bill said that SBLI is at an unfair competitive disadvantage as the only life insurance company in Massachusetts that is subject to this restriction. They noted that other companies can offer women lower rates because statistics show that women live longer and pay premiums over a longer period of time.  They argued that allowing SBLI to use gender when determining rates would put the company on a level playing field with its competitors.

Opponents of the bill said that it is outrageous for the House to turn the clock back hundreds of years by repealing a law that prohibits discrimination against women. They noted that the way to eliminate the competitive advantage that non-SBLI companies have is to prohibit all life insurance companies from using gender when setting rates.

The House in July 2008 approved the same bill on a vote of 96-57 and the Senate approved it on a voice vote. Gov. Deval Patrick did not sign the measure and it died.

Last week's margin of 109-48 includes enough votes for the House to override an anticipated veto by the governor if the bill makes it through the Senate and reaches his desk.

Eleven legislators who voted "No" in 2008 switched their votes and voted "Yes" last week. Three legislators who voted "Yes" in 2008 switched and voted "No" last week.

Switching from "No" To "Yes" were Reps. Cory Atkins (D-Concord), Bruce Ayers (D-Quincy), Thomas Calter (D-Kingston), Christine Canavan (D-Brockton), Sean Garballey (D-Arlington), Anne Gobi (D-Spencer), Lida Harkins (D-Needham),  Peter Koutoujian (D-Newton), Stephen Kulik (D-Worthington), John Scibak (D-South Hadley) and James Vallee (D-Franklin).

Switching from "Yes" to "No" were Reps. Paul McMurtry (D-Dedham), Smitty Pignatelli (D-Lenox) and John Rogers (D-Norwood).

Both roll calls are listed. The first is from July 2008. The second is from last week.

(A "Yes" vote is for the bill allowing SBLI to charge different rates based on a policyholder's gender. A "No" vote is against allowing it.)

Rep. Thomas Calter, No/Yes                                  Rep. Daniel Webster, Yes/Yes                                 

ALLOW CONSUMERS TO USE COUPONS AND REBATES TO PURCHASE PRESCRIPTIONS (H 4689)

House 156-0, approved and sent to the Senate a bill allowing consumers to use coupons and rebate offers when purchasing prescriptions.

Supporters said that this would help lower the cost of prescription drugs for seniors and others who otherwise might not be able to afford them. They noted that the current law banning the use of coupons and rebates was designed to prevent drug companies from trying to induce customers into buying their drugs. Some said that the unintended consequence of the law is that it now prevents people from saving money on prescriptions.

(A "Yes" vote is for the bill allowing consumers to use coupon or rebate offers when purchasing prescriptions.)

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                                     

APPROVE HEALTH CARE CHANGES (S 2347)

Senate 33-4, approved and sent to the House a bill making changes in the health care system, including expanding the powers of the Health Connector - the state agency that helps Massachusetts residents find affordable health insurance coverage and subsidizes the costs for some people who cannot afford the premiums.

A major provision assesses hospitals $100 million to help reduce health insurance rates for small businesses. Other provisions include imposing cost controls on the administrative costs of health insurance companies, requiring all insurance companies to offer at least one managed care product and allowing small businesses to band together and form associations in order to have leverage and group buying power when seeking lower premiums.

Supporters said that the bill takes a major step in the fight to control health insurance costs, particularly for small businesses. They argued that the measure would reduce health care premiums for small businesses by 15 percent to 20 percent and help create and retain jobs.

Opponents said that the bill is seriously flawed and includes a $100 million tax on unspecified hospitals "to be announced." They argued that it unnecessarily expands the powers of the already too powerful Health Connector to impose regulations and requirements without legislative approval.

(A "Yes" vote is for the bill. A "No" vote is against the bill.)

Sen. Robert Hedlund, No                                      

DO NOT REQUIRE PRESCRIPTION PLAN (S 2347)

Senate 4-31, rejected an amendment eliminating the requirement that a consumer have prescription coverage as part of his or her health insurance plan in order to satisfy the requirement that all Massachusetts residents have health insurance coverage or face a financial penalty.

Opponents of the requirement said that mandating the prescription coverage is putting health insurance out of the reach of many of the people that it was intended to reach. They argued that the Health Connector overstepped its bounds when it unilaterally ruled that all health plans must include prescription coverage.

Supporters of the requirement said that prescription coverage is an integral part of health insurance and should be a requirement. They argued that allowing consumers to buy plans without drug coverage is counterproductive to reaching the goal of broad health care coverage for all Massachusetts residents. Some noted that people's inability to buy drugs would actually result in more deaths, illnesses and hospital stays and end up costing the state more money.

(A "Yes" vote is for the amendment eliminating the requirement that a person have prescription coverage and therefore is against the requirement. A "No" vote is against the amendment and is in favor of the requirement.)

Sen. Robert Hedlund, Yes                                     

PROHIBIT CONNECTOR FROM ADVERTISING (H 2347)

Senate 4-31, rejected an amendment that would prohibit the state's Health Connector from advertising its services as a broker of health insurance plans for businesses.

Supporters of the advertising ban said that the original purpose of the Health Connector was to help find and subsidize health insurance plans for people who were having financial difficulty buying one. They noted that the Connector has expanded beyond that and is now inappropriately advertising and competing with private sector insurance brokers that find health insurance plans for businesses.

Opponents of the advertising ban said that competition from the Connector will stir things up and encourage private companies to lower their prices in order to compete.

(A "Yes" vote is for prohibiting the Health Connector from advertising itself as a broker of insurance plans for businesses. A "No" vote is against the ban and favors allowing the advertising.)

Sen. Robert Hedlund, Yes                                     

STRIKE $100 MILLION ASSESSMENT ON HOSPITALS (S 2347)

Senate 5-31, rejected an amendment that would strike the $100 million assessment on hospitals.

Opponents of the assessment said that it is nothing less than a tax increase on hospitals. They argued that the details of the assessment are vague and no one knows which hospitals will be taxed. Some noted that many local community hospitals are already struggling and would not be able to afford the assessment.

Supporters of the assessment said that the $100 million would be passed through the system and used to provide some rate relief on health insurance premiums for small businesses. They argued that the assessments would be made on hospitals that have money in reserve and can easily afford it.

(A "Yes" vote is for striking the $100 million assessment and therefore against it. A "No" vote is against striking the $100 million assessment and therefore favors it.)

Sen. Robert Hedlund, Yes                                     

ALSO UP ON BEACON HILL

SENATE COMMITTEE PROPOSES FISCAL 2011 STATE BUDGET - The Senate fired its shot in the long battle over the state budget for fiscal year 2011 that begins on July 1. The Ways and Means Committee unveiled a $27.88 billion package that is some $53 million more than the version that the House approved last month and an estimated $330 million less than the version filed in January by Gov. Patrick. The Senate version cuts local aid by $159 million and slashes millions of dollars in funding for many programs.

After the Senate finally debates and approves a package, a House-Senate conference committee will eventually craft a plan that will be presented to the House and Senate for consideration and sent to the governor.

SEVERAL BILLS APPROVED - In other action, the House, on voice votes, without roll calls, gave initial approval to the following bills:

EMERGENCY BATHROOM USE (H 2074) - Requires private businesses to allow use of their bathrooms by people who have written documentation from a doctor of a pressing medical condition including pregnancy, ulcerative colitis or Crohn's disease. Businesses that violate the proposed law would be subject to a $100 fine. The House approved the measure in 2008 but it died in the Senate.

GRACE PERIOD FOR MILITARY (H 2229) - Allows the firearms license of anyone on active military duty to remain valid until the cardholder is released from active duty and for a period of not less than 90 days following release.

PRE-REGISTER TO VOTE AT AGE 16.5 (H 683) - Allow young people to pre-register to vote at age 16.5 and then be automatically registered when they turn 18. Supporters said that this would increase registration by young people and noted that many would pre-register when applying for their license.

NEW SPORTS CRIME (H 2234) - Establishes a new crime of "assault on a sports official," including umpires and referees, punishable by up to one year in prison and/or a $2,000 fine.

LOANS TO SEAFOOD PROCESSORS (H 901) - Allows the Massachusetts Development Finance Agency to provide low-interest loans to seafood processors who are experiencing cash flow problems because of high municipal water and sewer rates.

BACKGROUND CHECK ON LIMO DRIVERS (H 1506) - Requires employers of limousine drivers to obtain all criminal offender records of applicants prior to hiring them for employment.

EXCLUDE COVERAGE FOR DAMAGE FROM TERRORIST ACTS (H 960) - Allows insurance companies that sell commercial property and casualty insurance to exclude coverage for loss by fire or other perils if they were caused directly or indirectly by terrorism. Supporters argued that reinsurance companies that back and assume risk for regular insurance companies rarely will cover losses from acts of terrorism.

QUOTABLE QUOTES

"The High Commander of Health Care."

–– Sen. Bruce Tarr (R-Gloucester) referring to Sen. Richard Moore (D-Uxbridge), the chairman of the Health Care Financing Committee.

"The Great Fisherman from Gloucester."

–– Sen. Richard Moore (D-Uxbridge) referring to Tarr.

"You can call it a contribution, you can call it an assessment, you can call it whatever you want. But we're still really passing a tax increase today on all the hospitals throughout the Commonwealth."

–– Senate Minority Leader Richard Tisei (R-Wakefield) opposing legislation that imposes a $100 million assessment on hospitals.

"[Sen. Tisei] knows it's not a tax. It's an assessment."

–– Senate President Therese Murray

"Mr. Ross has been assigned to seat number three - on my right."

–– Senate President Therese Murray assigning newly elected Sen. Richard Ross (R-Wrentham) to a seat in the Senate chamber. Politically, Republican Ross is to the right of Democrat Murray. Ross won a special election to succeed U.S. Senator Scott Brown who previously held the seat.

Beacon Hill Roll Call

Volume 36 - Report No. 20

May 17-21, 2010

Copyright © 2010 Beacon Hill Roll Call. All Rights Reserved.