Stephanie Mencimer

Stephanie Mencimer

Reporter

Stephanie works in Mother Jones' Washington bureau. A Utah native and graduate of a crappy public university not worth mentioning, she has spent the last year hanging out with angry white people who occasionally don tricorne hats and come to lunch meetings heavily armed.

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Stephanie covers legal affairs and domestic policy in Mother Jones' Washington bureau. She is the author of Blocking the Courthouse Door: How the Republican Party and Its Corporate Allies Are Taking Away Your Right to Sue. A contributing editor of the Washington Monthly, a former investigative reporter at the Washington Post, and a senior writer at the Washington City Paper, she was nominated for a National Magazine Award in 2004 for a Washington Monthly article about myths surrounding the medical malpractice system. In 2000, she won the Harry Chapin Media award for reporting on poverty and hunger, and her 2010 story in Mother Jones of the collapse of the welfare system in Georgia and elsewhere won a Casey Medal for Meritorious Journalism.

Florida Gov. Rick Scott Wants A Favor—From Obama

| Wed Jan. 9, 2013 9:43 AM PST

Florida Gov. Rick Scott (R) was in Washington, DC on Monday to make a deal. Florida, along with a handful of other Republican-run states, is still trying to wage war against Obamacare by refusing to take the generous expansion of Medicaid provided for in the new law. The expansion would provide government insurance to around a million poor and lower-middle-class Floridians, and the federal government has promised to foot almost all of the bill.

Last June, after the Supreme Court decision making the Medicaid expansion optional for the states, Scott said he won't take the money. But when Florida hospitals realized Scott's decision could cost them about $650 million a year in other federal payments, they started lobbying furiously to get him to change his mind. So now, after two years suing, demonizing and otherwise attacking President Barack Obama and the Democrats' health care bill, Scott wants to negotiate. He came to Washington saying that he'd like to "work with the administration to reduce the cost of health care." But that doesn't mean he's changed his mind.

Instead, what Scott wants from Kathleen Sebelius, Obama's secretary of health and human services, is something that might actually make Florida’s dismal insurance situation—nearly 4 million Floridians are uninsured—even worse. Scott wants the Sebelius to give him official permission, called a waiver, to hand over the entire existing Medicaid program to private managed care companies. Don't count on that happening.

Here's why. Florida already has a small pilot project approved by George W. Bush's administration that shunts Medicaid participants into HMO-type organizations. Scott has hailed this as a genius innovation that keeps costs down. But a close look at the program reveals no such miracles. A study by the Georgetown University Health Policy Institute concluded that there was no evidence the pilot project was saving money—and even if it was, any savings could have been from denying people needed care. (Anecdotal reports suggested that was the case.)

The Georgetown group also found that it would be all but impossible to make Medicaid more efficient, especially compared with private insurance. Between 2007 and 2012, private sector family insurance premiums rose more than 31 percent, but Florida's per-person Medicaid costs actually fell by five percent. And the idea that Rick Scott is giving the federal government tips on making health care more efficient is interesting given that when he ran his own health care company, Columbia/HCA, it was systematically bilking the federal government of millions of dollars in what turned out to be the biggest health care fraud case the US has ever prosecuted.

So maybe it's not surprising that the Obama administration has so far refused to allow Scott to expand the Medicaid pilot project, much less add another million people to it. And that's not all Scott wants: He's also asked Sebelius to allow Florida to charge all Medicaid patients unprecedented co-pays, such as $100 for emergency room visits not deemed an emergency, plus $10 monthly premiums. The Georgetown Health Policy Institute concluded that such a change would prompt about 800,000 poor parents and children to leave the program, an outcome that flies in the face of the administration's goal of extending Medicaid in the first place. After Monday's meeting with Sebelius, Scott said he was optimistic that he'd get what he wanted, or at least another meeting. Given his track record, he probably shouldn't hold his breath.

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Report: Your Charitable Donation Is Going to Telemarketers, Not Charity

| Fri Dec. 21, 2012 2:27 PM PST

'Tis the season to give to charity. But a new report from New York Attorney General Eric Schneiderman finds that many of the donations New Yorkers are giving to charity are mostly going to line the pockets of telemarketing firms. The report found that more than 60 cents of every dollar raised by a professional telemarketing firm for charity goes to the firm itself. Out of 602 fundraising efforts examined, only 49 returned more than 65 percent of the money raised to the nonprofit. More than a third of the fundraising attempts returned less than 30 percent of the donor money to the charity, and in 76 of the campaigns, charities actually lost money hiring the telemarketers. Schneiderman has issued subpoenas to some of the entities in the report in an investigation into whether repeat offenders are breaking New York fundraising laws with their money-losing telemarketing schemes.

Consumer advocates have been saying for years that a lot of charitable fundraising doesn't go to the needy. But the New York AG's report comes at an interesting time, when Congress and the president have been discussing whether limiting the $50 billion in annual tax deductions Americans claim for charitable donations is a good way to shore up the nation's finances. Nonprofit groups have risen up en mass to oppose the idea, but the AG's report shows that despite claims by conservatives, the private sector is not especially efficient when it comes to serving the less fortunate. And since many of the beneficiaries of charitable donations (the telemarketers) are not even nonprofits, it's not clear why such donations are tax-deductible in the first place.

Among the worst offenders on the AG's list are some familiar organizations, many of which are politically involved. Among them is Tea Party Patriots, a group that has long had unusually high administrative and fundraising costs. Schneiderman found that in 2011, Tea Party Patriots, one of the largest grassroots tea party organizations to have come out of the movement, collected nearly $2 million in donations through telemarketers. Just $54,000 of that—less than 5 percent—went back to the organization. The telemarketers kept the rest. Also, it seems that tea partiers are good at promising telemarketers they'll donate, but not so good about actually paying up. The report shows that Tea Party Patriots had $850,000 in pledges that went uncollected. For an organization that promotes fiscal responsibility, it's not setting an especially good example.

(Note to conservative activists: If you're looking to give to a tea party group over the phone, you're probably best off giving to FreedomWorks, which was until recently run by a professional lobbyist and former member of Congress. FreedomWorks was one of the few groups examined by New York that got 65 percent of the money it raised through telemarketers. Of course, what it did with that money is another issue.)

The Family Research Council Action, Americans United for Life (an anti-abortion group), Ralph Reed's Faith and Freedom Coalition, and the Concerned Women of America Legislative Action Committee, which ended up nearly $175,000 in the hole from one of its fundraising efforts, all had pretty bad records. But more liberal groups weren't that much better. NARAL, the ACLU, and People for the American Way all ended up at the bottom of the report: their telemarketing efforts ended up costing them more than they made. It's all just one more reason to hang up on telemarketers and send your donations through the mail. 

Government Agency Charged With Enforcing Gun Laws Has No Permanent Director, Tiny Staff

| Tue Dec. 18, 2012 9:28 AM PST
Alcohol Tobacco Firearms sealATF official seal

In the wake of the Newtown tragedy, several members of Congress have pledged to push new gun control restrictions in early 2013. But the Washington Post reported Tuesday that the main federal agency charged with gun regulation—the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)—has been so kneecapped by the gun industry that it can barely enforce the laws already on the books.

The ATF hasn't had a permanent director since the Bush administration, and even then, President George W. Bush, no softie on guns, couldn't get his pick confirmed for the post. Idaho Republican senators Michael Crapo and Larry "Wide Stance" Craig (then and still a member of the National Rifle Association's board of directors) blocked Bush's nomination of Michael J. Sullivan, the Massachusetts US Attorney, arguing that he had it in for gun dealers.

Part of the problem is that Congress, in its wisdom, removed ATF from the Treasury Department and turned it into a stand-alone agency in 2006, adding the agency's director to the list of posts that require Senate confirmation. Thanks to the NRA's lobbying power, the Senate has never confirmed anyone for the job since then, leaving the agency rudderless. The ATF's current acting director is working out of the US Attorney's office in Minnesota.

Lack of stable leadership isn't the ATF's only problem. The bureau employs fewer people than it did almost 40 years ago, with fewer than 2,500 people on hand to regulate the 310 million guns and 60,000 gun dealers in the US. The Post reports that the ATF is so shorthanded that gun dealers can expect an ATF inspection about once every eight years.

"If the administration and Congress are serious about addressing this problem, they need to fund the gun police, the agency charged with administering the firearms regulations," Michael Bouchard, a former ATF assistant director, told the Post. "Unless they are going to do this completely, simply passing some form of gun legislation is only part of the solution.”

Tea Party Trying to Kill Obamacare…by Friday

| Tue Dec. 11, 2012 10:26 AM PST

The opponents of the Affordable Care Act (better known as Obamacare) have had a bad year. First, the Supreme Court rejected the major legal challenge to the law in June. Then, ACA opponents' favored presidential candidate, Mitt Romney, who'd pledged to work for repeal as president, lost his bid for the White House. But Obamacare's foes are undaunted. Tea partiers and other conservatives are continuing their Quixotic battle against the law.

Obamacare opponents' latest target is the law's provision for a health insurance "exchange," which will serve as an online marketplace for heavily regulated insurance policies that individuals and small businesses will be able to purchase with federal subsidies. The exchanges are required to be ready for enrollment by October of next year. Yet since Congress passed the ACA in 2010, many states have simply refused to start laying the groundwork needed to create the exchanges, including rejecting millions of dollars of federal planning money to help get them up and running.

Florida Tea Party Still Fighting Obamacare

| Tue Dec. 4, 2012 9:20 AM PST

Ever since Congress passed the Affordable Care Act in 2010, the state of Florida has done everything it can to fight the law. It filed suit to block the law's implementation, leading to the dramatic Supreme Court decision this summer in which the court upheld most of the law but allowed the states to decide whether to accept the expansion of Medicaid contained in the bill. The state legislature in 2011 passed a constitutional amendment trying to block the individual mandate, which was rejected by voters last month in a ballot initiative.

State leaders, among them Republican governor Rick Scott, seemed so sure that they’d prevail in their legal cases that they never took any steps to begin preparing for the law's implementation, namely the creation of an online "exchange," that will serve as a regulated marketplace for individual insurance policies that can be bought by people eligible for federal subsidies. The state has to tell the US Department of Health and Human Services by December 14 whether it will set up its own exchange or punt and let the feds do it for them. The decision is proving contentious.

On Monday, the state Senate held the first public hearing on the ACA implementation, which drew a rowdy crowd of tea partiers intent on getting the state to simply defy federal authority and refuse to implement the law. CBS Tampa Bay reports:

A rowdy conservative crowd commandeered a nearly hour-long public comment section, stressing that the constitution does not grant the federal government the authority to make health care decisions, despite a U.S. Supreme Court ruling that upheld most of the health care law. All but one spoke against "Obamacare".

"We will not comply with this unlawful mandate," Pastor James Hall of the Baptist Coalition of North Florida said to rousing applause.

Constitutional attorney Krisanne Hall said she travels the country talking to citizens and religious groups who echo that sentiment. She asked the Senate committee to consider how it will deal with citizens "when they lawfully and constitutionally stand and say we will not comply."

Democratic Senate Minority leader Chris Smith was booed when he reminded the crowd that the federal government stepped in to uphold justice in civil rights cases.

Consumer advocates are worried about the state's ability to get the job done and to create an effective exchange. Last week, they appealed to Health and Human Services Secretary Kathleen Sebelius to conduct a "reality-based assessment" of any state exchange proposal, and asked federal officials to force Florida to default to a federal exchange if there was even the slightest indication that the state's plans looked subpar. They note that the state has not created any mechanism for input from consumers in the development of the exchange, and that its history with a Medicaid privatization plan does not give much confidence that the state will be looking out for citizens' best interests.

"Our hope is that eventually Florida will be in the position to develop its own high quality health insurance exchange with consumer input—but we are in no way ready for that now," said Laura Goodhue, of FL CHAIN, a nonprofit advocacy group that focuses on access to health care. "Florida just waited too long to make this happen by the deadline. Now we ask the state to fully cooperate with the feds to make sure Floridians have access to affordable coverage as the law intended."

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