Senate Republicans Support Humana's Deceptive Antics, Vow To Hold HHS Hostage

Sen. Enzi And Co. Support A Corporation's Right To Misinform

Senators Support Humana's Right To Misinform. According to Sen. Enzi's press release:

Medicare Advantage Plans and Prescription Drug Plans that provide services through the Medicare program have a constitutional right to provide information about these Medicare programs to their customers. Therefore, we hope you understand our grave concern with the recent Centers for Medicare and Medicaid Services directive barring all such providers from any and all communications of this kind with America's seniors. This gag order must be immediately lifted.

As the Supreme Court has repeatedly recognized, our constitutional tradition is one of "a profound commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open."  Health plans, of course, have the right to speak on matters of public concern, a fundamental principle that your department, until recently, recognized and respected. [Senator Enzi Press Release, 9/24/09]

GOP Senators Threatening To Hold HHS Hostage

Senators Vow To Stall Confirmation Of Key HHS Nominees. According to Sen. Enzi's press release:

"Until your department rescinds its gag order and allows seniors to receive information about matters before Congress, we will not consent to time agreements on the confirmation of any nominees to your department or associated agencies." [Senator Enzi Press Release, 9/24/09]

CMS Claims Humana's Actions Are Potentially Illegal

CMS Sent A Letter To Humana Asking Them To Cease Deceptive Mailings To Beneficiaries Concerning Proposed Health Care Reform. According to the Centers for Medicare and Medicaid Services, "CMS is concerned that, among other things, this information is misleading and confusing to beneficiaries, represents information to beneficiaries as official communications about the Medicare Advantage program, and is potentially contrary to federal regulations and guidance for the MA and Part D programs and other federal law, including HIPAA. As we continue our research into this issue, we are instructing you to end immediately all such mailings to beneficiaries and to remove any related materials directed to Medicare enrollees from your website." [Centers for Medicare and Medicaid Services, 9/18/09]

Humana's Actions May Have Violated Medicare Rules. According to the Centers for Medicare and Medicaid Services, "'We are concerned that the materials Humana sent to our beneficiaries may violate Medicare rules by appearing to contain Medicare Advantage and prescription drug benefit information, which must be submitted to CMS for review' said Jonathan Blum, acting director of CMS' Center for Drug and Health Plan Choices. 'We also are asking that no other plan sponsors are mailing similar materials while we investigate whether a potential violation has occurred.'" [Centers for Medicare and Medicaid Services, 9/21/09]

Republican Threat Endangers Work of HHS

Key Positions Still Vacant At HHS.  As Congress tackles health reform, the department that would be entrusted with actualizing that reform is being threatened with Republican obstruction. The Hill reports, "The threat temporarily jeopardizes a number of nominees and positions. Four candidates have been referred to committee that has jurisdiction: assistant secretary for Resources, assistant secretary for Planning, assistant secretary for Legislation and commissioner of the Administration for Children. One position -- the Surgeon General -- has been announced, but the White House has yet to submit the formal paperwork to the Senate.  Five spots remain totally vacant, and thus, temporarily frozen -- foremost among them, the director of CMS." [The Hill, 9/24/09]

Enzi, Fellow GOP Senators Were Silent On Bush Era Gag Orders

Gag Order Placed On Discussion Of Polar Bears, GOP Senators Silent.  According to the St. Louis Post-Dispatch: "The Bush administration is warning government scientists to be careful what they say about the fate of the polar bear. It's fine, apparently, to study the bears, say the Bush arbiters of political correctness; just don't mention global warming.  The gag order came straight from Washington last month. It involved two scientists from the U.S. Fish and Wildlife Service, bound for conferences in Norway and Russia. The scientists had to assure Washington that they would not speak publicly about polar bears, sea ice or climate change. Other Fish and Wildlife scientists will have to make the same promise." [St. Louis Post-Dispatch, 3/17/07]

Gag Order Placed On Scientists, GOP Senators Silent. Rep. Markey accused the administration of silencing scientists and discussion of climate change.  "Recently the Department of Interior put a gag order on polar bear scientists talking about the links between global warming and potential threats to the polar bear. Several years ago the Environmental Protection Agency allowed a former oil lobbyist working in the White House to censor global warming science from an agency report. And NASA scientist Dr. James Hansen has also been vocal on the government pressures on him to toe the party line on global warming science, contrary to the evidence." [Markey.House.gov, 5/22/07]

GOP Senators Silent When Gag Orders Were Placed On Private Companies During Bush Administration, GOP Senators Silent.  "A federal judge struck down controversial portions of the USA Patriot Act in a ruling that declared them unconstitutional Thursday, ordering the FBI to stop its wide use of a warrantless tactic for obtaining e-mail and telephone data from private companies for counterterrorism investigations.  The ruling by U.S. District Judge Victor Marrero in New York said the FBI's use of secret "national security letters" to demand such data violates the First Amendment and constitutional provisions on the separation of powers, because the FBI can impose indefinite gag orders on the companies and the courts have little opportunity to review the letters. [Washington Post, 9/7/07]

Bush Administration Placed Gag Orders Related To War Profiteering, GOP Senators Silent.  The BBC reported: "The BBC's Panorama programme has used US and Iraqi government sources to research how much some private contractors have profited from the conflict and rebuilding. A US gagging order is preventing discussion of the allegations. The order applies to 70 court cases against some of the top US companies.  While Presdient [sic] George W Bush remains in the White House, it is unlikely the gagging orders will be lifted." [BBC, 6/8/2008]