UPDATE: Senate Panel Clears Sebelius 11-5; Senator Kyl votes "NO"

The Hill Reports that two Republicans joined Democrats to approve the Sibelius nomination for HH Secretary five-months into the Obama presidency. AZ Sen. Jon Kyl votes "NO"

Senate panel backs Sebelius' HHS nod
By Jeffrey Young
Posted: 04/21/09 11:18 AM [ET]

In a nearly party-line vote, the Senate Finance Committee voted Tuesday to recommend the confirmation of Health and Human Services (HHS) Secretary-designate Kathleen Sebelius.

Two committee Republicans voted with the Democrats: Sens. Olympia Snowe of Maine and Pat Roberts of Kansas, where Sebelius is the Democratic governor. The final tally was 11-5 (15-8 including proxy votes).

If the Senate follows suit and swiftly votes to confirm Sebelius, President Obama would finally have a complete Cabinet nearly five months into his presidency.

The absence of an HHS secretary has been particularly striking because health reform has emerged as one of the Obama administration's top priorities in the early months of 2009.
“I congratulate Gov. Sebelius and will push for immediate action by the full Senate so that she can finally roll up her sleeves and get down to helping out on this critical work of reforming the healthcare system," Finance Committee Chairman Max Baucus (D-Mont.) said in a statement.

But Senate Minority Whip Jon Kyl (R-Ariz.) spoke up before the committee vote to declare his opposition, when he raised questions about Sebelius's ties to Kansas abortion doctor George Tiller, who contributed to her campaigns for state office. Sebelius generated intense opposition from anti-abortion-rights activists for her record on the issue in Kansas.

Though the possibility remains that Sebelius's confirmation by the full Senate could be delayed by a "hold" from any GOP senator, her installation into Obama's Cabinet seems assured.

All 56 Senate Democrats and the two independents who caucus with them are all but certain to vote to confirm. Moreover, in addition to Snowe, the two Republican senators from her home state, Roberts and Sam Brownback, endorsed Sebelius when Obama nominated her in March. Votes from just those three Republican senators would be enough to give her the support of 61 senators, one more than the threshold needed to overcome any attempt at a filibuster.

Sebelius's confirmation briefly appeared to be in jeopardy earlier this month when she revealed prior to her Finance Committee hearing that she had paid more than $7,000 in back taxes while being vetted for the Cabinet. She cited "unintentional errors" related to a home mortgage and charitable contributions.

A controversy about back taxes felled Obama's first nominee for HHS secretary, former Senate Majority Leader Tom Daschle (D-S.D.). Daschle withdrew from consideration after disclosing that he had paid more than $140,000 in back taxes during the vetting process. Unpaid taxes have plagued a number of Obama's other nominees and appointees, including Treasury Secretary Timothy Geithner.
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Senator Kyl posted a press release on his website today that reveals how the Republicans are planning an Orwellian back-door attack on the Obama health plan. Kyl based his officially recorded "No" vote on the Sebelius nomination on abortion rights. Then he issued the press release to say that the real reason he voted no was because Sebelius supported President Obama's health care plan that includes both public and private insurance.

Kyl hints that a government plan instead of widening options will control and restrict options. Yet he ignores that popular support for a government option is soundly based on the for profit motive to deny care. Just whose rights is Kyl upholding, profits or people?

He comes right out and says that "'Allocation of health resources'" is a euphemism for denying care based on cost. Yet, Governor Sebelius did not agree to pull this project."

Kyl now says basing his objection to the nomination of Gov. Sebelius on the basis of her support for "cost effectiveness research" Editorial comment by 26Dems


Kyl wrote an Op-Ed for the National Ledger
National Ledger - Health Care Reform: A Patient Firewall

By U.S. Senator Jon Kyl – 4.20.09

During his campaign and in his first months in office, the President has emphasized the importance of health-care reform. I agree that Americans should have access to quality, affordable health care; but, as is so often the case, the question not whether, but how.

Health Care Reform: A Patient Firewall

Any health-care reform must protect the doctor-patient relationship and ensure access to the highest quality medical care. The budget recently approved by the Senate and the previously-passed economic stimulus bill, however, lay the foundation for health-care reform in which the government, not physicians and patients, would set the rules and make health-care decisions.

The stalking horse for this dangerous shift in policy is what is known as “comparative effectiveness research.” If structured appropriately, this research can provide patients and doctors with useful information about the latest in effective treatments so that they may make informed health-care decisions. For example, a study might compare a drug versus a surgery and determine that the drug is just as effective or better at improving patients’ quality of life. But, without the appropriate safeguards, the government may misuse comparative effectiveness research as a tool to ration or deny care. And since private insurers tend to follow the federal government’s lead, this has significant implications for all patients.

The government’s decision to use this research to determine whether some treatments or drugs are too costly is how many of the socialized health-care systems delay or deny care. The British health care system spells it out clearly on its website: “The enormous costs involved mean that choices have to be made. It makes sense to focus on treatments that improve the quality and/or length of someone’s life, and, at the same time, are an effective use of NHS [the British national health-care system] resources.”

Moreover, “Each drug is considered on a case-by-case basis. Generally, however, if a treatment costs more than £20,000 to £30,000 per quality adjusted life year, then it would not be considered cost effective.”

In other words, the government, not physicians and patients, determines whether you can receive care. The government weighs if your treatment is an “effective use” of its resources. And, the government puts a price tag on what an extra year of life is worth to you.

I think we can do better and we should stick to a basics principle that all Americans should be able to choose the doctor, hospital, and health plan of their choice. No Washington bureaucrat should interfere with that right, or substitute the government’s judgment for that of a physician.

During the Senate’s consideration of the budget, I introduced an amendment that would ensure that patients are put first and that the government will not use comparative effectiveness research to ration care. Unfortunately, my amendment was defeated, largely on party lines, but rest assured I will continue to work to see that the government does not hurt patients by delaying or denying care or stifling innovation.

U.S. Senator Jon Kyl is the Assistant Republican Leader and serves on the Senate Finance and Judiciary committees. Visit his website here.



Palin v. Sebelius? "Team Sarah" Organizes Against Obama Pick

by Sam Stein
Huffington Post
04/20/09 12:52 PM

An online community of female supporters of Gov. Sarah Palin is launching a last minute campaign to derail the candidacy of Kathleen Sebelius for the secretary post at the Department of Health and Human Services.

Team Sarah, which was founded to support and mobilize for the McCain-Palin ticket and claims tens-of-thousands of members, blasted out a petition on Monday morning urging members to "flood the phone lines" in opposition to Sebelius' candidacy.


Sebelius's nomination is set to come to a vote before the Senate Finance Committee this Tuesday, April 21. The nomination is expected to pass through the committee and ultimately the Senate, though on Friday the terrain got a bit rougher, when ranking Republican Sen. Charles Grassley criticized the Kansas Governor for understating the amount of money she raised from doctor who performs abortions -- likely the same revelation offending the Team Sarah members.

Progressive groups have been pushing for an expeditious confirmation of Sebelius for weeks, arguing that the administration is being disadvantaged by lacking a cabinet figure to tackle a subject of such key political and economy importance (health care).

Here, for instance, is the SEIU's petition:

Earlier this month, a Republican Senator put a mysterious hold on the confirmation of Gov. Kathleen Sebelius as Health and Human Services Secretary. It's hard to believe that while the clock ticks on fixing health care, the top leadership position in the government's health agency is left vacant. This is simply unacceptable.