Fox News used the Senate's recent filibuster reforms to revive the long-debunked myth that the Affordable Care Act's (ACA) Independent Payment Advisory Board (IPAB) is a "death panel" that will now be staffed by Obama appointees who won't have to endure Republican obstruction efforts.
Senate Democrats changed rules on November 21 so that "judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote," a changed referred to by critics as the "nuclear option."
On the November 26 edition of Fox's Happening Now, co-host Jenna Lee introduced a segment claiming "new fallout from the nuclear option" could allow Obama the power to nominate candidates to "so-called death panels" without GOP input. Chief Congressional correspondent Mike Emanuel explained correctly that the IPAB "is a 15 member panel and its role is to slow the growth in Medicare spending." But Fox's on-screen text referred to the IPAB as "Obama death panels," referencing a right-wing myth that IPAB will have the power to ration health care in America and decide who lives and dies:
The ACA does not allow IPAB to recommend rationing health care. The text of ACA explicitly states that IPAB cannot make "any recommendation to ration health care... or otherwise restrict benefits or modify eligibility criteria." A Politifact analysis reported that IPAB is "forbidden from submitting 'any recommendation to ration health care.'" Washington Post's Glenn Kessler pointed out that the ACA "explicitly says that the recommendations cannot lead to rationing of health care":
The Las Vegas Review-Journal claimed the Affordable Care Act (ACA) is hurting employment by forcing businesses to shift workers to part-time to avoid offering health insurance. However, substantial evidence proves that the ACA is not having any widespread impact on employment patterns.
In a November 25 article, the Review-Journal claimed the large service industry of Nevada would be hit hard by the health care law's mandate to count employees working more than 30 hours a week as full time -- the threshold for which employers must begin offering health insurance benefits to employees -- because it will give employers an incentive to cut worker hours to avoid offering health insurance:
So local businesses and unions alike want to know: What's another tweak or two?
They've set their sights on proposed federal laws that would change an Obamacare provision on who gets health insurance through work. The rule says employees who work more than 30 hours a week qualify as full-time, and employers have to offer them insurance or risk fines of $2,000 to $3,000 per worker. The rule applies to any company with more than 50 full-time-equivalent workers.
The threshold is causing unintended consequences as employers cut hours to drop workers below the 30-hour threshold.
That could be a huge issue in Las Vegas, with its high share of hourly service jobs in hospitality and restaurants, said Shaun O'Brien, assistant policy director for health and retirement for big labor group AFL-CIO. And with average weekly hours worked coming in at 33.7 in August, according to local research firm Applied Analysis, plenty of locals hover close enough to the threshold to cross it.
The article quoted Randi Thompson, the Nevada state director of the National Federation of Independent Business (NFIB), to bolster the claim that the ACA will force employers to cut hours. However, as the Georgetown Center on Health Insurance Reforms (CHIR) reported, Thompson's own organization conducted a survey that concluded the opposite. According to the survey by NFIB, only 13 percent of small businesses surveyed would cut employees or employee hours as a result of the law. Furthermore, the survey found that these decisions to "reduce employee hours seem strongly tied to profitability rather than ACA."
In support reduction in hours argument, the article referenced a survey sponsored by the Chamber of Commerce that found that franchised businesses have "already cut hours more than a year before the employer mandate." However this survey was conducted by Pulse Opinion Strategies, a known Republican polling firm and, according to an NFIB researcher, still doesn't prove the ACA is creating a part-time workforce:
The numbers contrast with a survey released two weeks ago by the National Federation of Independent Business finding that only 13 percent of 921 small companies plan to cut hours. The NFIB, like the [International Franchise Association] and the Chamber [of Commerce], thinks people working less than 40 hours shouldn't count as "full-time." But the group admitted that its numbers don't show Obamacare creating a part-time workforce. Many of those planning to cut hours were too small to be subject to the mandate, anyway. "If they cut or were cutting, it's almost assuredly due to the profitability rather than the ACA for those people," NFIB researcher William Dennis said.
These findings have been backed up by economists as well. In his analysis of the ACA's effect on weekly hours, economist Dean Baker explains that while some employers may reduce hours to avoid providing coverage to employees, "the number is too small to show up in the data." Furthermore, few work near the 30-hour full-time cutoff:
An analysis of data from the Current Population Survey shows that only a small number (0.6 percent of the workforce) of workers report working just below the 30 hour cutoff in the range of 26-29 hours per week. Furthermore, the number of workers who fall in this category was actually lower in 2013 than in 2012, the year before the sanctions would have applied. This suggests that employers do not appear to be changing hours in large numbers in response to the sanctions in the ACA.
The Center on Budget and Policy Priorities further explains that the number of involuntary part-time workers has decreased since the implementation of the ACA, instead of expanding as the perpetrators of the myth would lead one to believe:
A more rigorous test examines the recent trend in the share of involuntary part-timers -- workers who'd rather have full-time jobs but can't find them. If health reform's employer mandate were distorting hiring practices in the way critics claim, we'd expect the share of involuntary part-timers to be growing. Instead, as shown in Figure 1, it is down about one percentage point from its peak.
Nor do the employment data provide any evidence that employers have cut workers' hours below 30 hours a week to avoid the requirement to provide health insurance. During the first half of this year, the share of workers putting in 30 or more hours a week actually rose to 80.7 percent from 80.2 percent in the comparable part of 2012. Although the increase is small, it refutes the claim that shortening of the workweek is widespread.
Right-wing media are dismissing President Obama's and Congressional Democrats' work on filibuster reform, a diplomatic agreement with Iran, and immigration reform as merely attempts to distract from the Affordable Care Act.
From the November 26 edition of Fox News' Fox & Friends:
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Absurd smears against a highly-qualified judicial nominee for her support of family planning, sex equality, and conservative attempts to dismantle gender stereotypes made the jump from right-wing blogs to the Fox News Channel.
On November 25, Fox News' Shannon Bream correctly reported that the former Connecticut attorney general, among a wide collection of bipartisan legal experts, supports the nomination of the eminently qualified Georgetown Law Professor Cornelia "Nina" Pillard to the U.S. Court of Appeals for the D.C Circuit. Unfortunately, Bream proceeded to repeat right-wing media myths accusing Pillard of "radical feminis[m]" and hosted National Review Online contributor Carrie Severino to recycle the smears. From America's Newsroom, with co-host Martha MacCallum:
MACCULLUM: What are the critics saying that are opposed to her?
BREAM: Well they say she is way out of the mainstream and she deserves a lot of scrutiny. Here's a bit of what she has said when writing about abortion issue. Here's a quote from one of her articles: "Anti-abortion laws and other restraints on reproductive freedom not only enforce woman's incubation of unwanted pregnancies, but also prescribe a 'vision of the woman's role' as mother and caretaker of children in a way that is at odds with equal protection." Here's Carrie Severino of the Judicial Crisis Network.
SEVERINO: Nina Pillard is probably the most extreme judge that has been nominated for this court and possibly for any court in the country. She has a very radical track record as a law professor, really seems to view everything from a radical feminist perspective, down to thinking that abstinence education violates the Equal Protection Clause and feeling like women are being objectified as breeders in the country.
BREAM: She has used that word referring to women as breeders if they are forced to carry pregnancies that they don't want to have. But at this point it looks like there is no blocking her, it is likely she will take a seat on that very important court.
Since Pillard was nominated, she has been subjected to sexist, retrograde, and false accusations that her views on reproductive rights are not in the mainstream. In fact, they are based on decades-old constitutional law, including a decision written by arch-conservative former Chief Justice William Rehnquist.
For example, the quote that Bream yanked out of context from a 2007 academic article in which Pillard noted that "antiabortion laws and other restraints on reproductive freedom not only enforce women's incubation of unwanted pregnancies, but also prescribe a "vision of the woman's role" as mother and caretaker of children in a way that is at odds with equal protection[,]" is an explicit reference to the fact that justices on the Supreme Court have already incorporated equal protection principles into their reproductive rights precedent. Unmentioned by Bream, the quote was part of a discussion of the 1992 decision of Planned Parenthood of Southeastern Pennsylvania v. Casey, which reaffirmed the constitutionality of Roe v. Wade.
The notion that damaging gender stereotypes can be at the core of restrictions on reproductive rights is also based on long-standing constitutional precedent.
The Richmond Times-Dispatch said Republican "political arguments" should not be blamed for the initial failures of the Affordable Care Act (ACA), despite the GOP's goal of obstructing of the law, hindering its rollout.
In a November 25 editorial discussing the ACA's rollout, the editorial board claimed that "political arguments" and "Republican boilerplate against the ACA" did not contribute to the failures of the rollout. From the Times-Dispatch:
Although President Barack Obama has accepted responsibility (sort of) for Obamacare's disastrous start, he continues to point fingers at others.
The Washington Post's Dana Milbank notes that Obama has whined about Republicans and the press. He has implied that GOP demands to repeal the Affordable Care Act have undermined the program's efficiency. Oh? Political arguments have no bearing on the mechanics of running Obamacare. Republican boilerplate against the ACA did not contribute to the fiasco. Conservatives may be reveling in the aftermath, but they did not cause the systemic failures.
The editorial fails to note the multiple instances of Republican obstructionism that have led to some of the problems with the law's implementation. As a November 1 Politico article noted, one of the causes of the flawed rollout was "calculated sabotage by Republicans at every step." The piece continued:
From the moment the bill was introduced, Republican leaders in both houses of Congress announced their intention to kill it. Republican troops pressed this cause all the way to the Supreme Court -- which upheld the law, but weakened a key part of it by giving states the option to reject an expansion of Medicaid. The GOP faithful then kept up their crusade past the president's reelection, in a pattern of "massive resistance" not seen since the Southern states' defiance of the Supreme Court's Brown v. Board of Education decision in 1954.
The opposition was strategic from the start: Derail President Barack Obama's biggest ambition, and derail Obama himself. Party leaders enforced discipline, withholding any support for the new law -- which passed with only Democratic votes, thus undermining its acceptance. Partisan divisions also meant that Democrats could not pass legislation smoothing out some rough language in the draft bill that passed the Senate. That left the administration forced to fill far more gaps through regulation than it otherwise would have had to do, because attempts -- usually routine -- to re-open the bill for small changes could have led to wholesale debate in the Senate all over again.
Fox News reported that the Cleveland Clinic was instituting "massive layoffs" due to the implementation of the Affordable Care Act, but when asked about the reports, a Clinic spokesperson told Media Matters, "We're not."
On November 25, The Daily Caller published an article titled, "Top U.S. hospital laying off staff due to Obamacare." On Fox Business' Markets Now, host Connell McShane reported on the "massive layoffs." America's Newsroom host Bill Hemmer claimed that the Cleveland Clinic was going to "shed workers." Later, during the America's News HQ, Fox reporter Chris Stirewalt claimed that the layoffs "rocked the community there in northeastern Ohio."
But there's one problem: the Cleveland Clinic is not laying off any employees. Eileen Sheil, Cleveland Clinic's Executive Director of Corporate Communications, said in an e-mail to Media Matters, "There have been several mis-reports and they keep mentioning that we're laying off 3,000 employees. We're not." Sheil explained that Cleveland Clinic is offering voluntary retirement to 3,000 eligible employees and that the Clinic is also "working on many initiatives to lower costs, drive efficiencies, reduce duplication of services across our system and provide quality care to our patients." Sheil continued, "Many of these initiatives do not impact our employees."
Sheil told Media Matters that Fox had been notified of its error and that the Cleveland Clinic requested Fox's future reporting on the issue more accurately present the Clinic's plans. According to a Media Matters search, Fox had not corrected its mistake by the time of publication.
Despite Fox's reporting, Sheil reiterated the Clinic's support for the Affordable Care Act, stating:
We believe reform is necessary because the current state is unsustainable. The ACA is a step toward that change and we believe more changes will come/evolve as there are still many uncertainties. Hospitals must be responsible and do what we can to prepare and support the law.
Fox's continued focus on the Cleveland Clinic is due, presumably, to President Obama's frequent praise of the hospital. In September, host Greta Van Susteren acknowledged the network's flawed reporting on the Cleveland Clinic after it was cited by U.S. Sen. John Barasso (R-WY) on her program.
Fox News highlighted a Republican senator's dismissal of a deal with Iran that stalls the country's nuclear enrichment capabilities to frame the agreement as nothing but a distraction from problems with the Affordable Care Act.
As The Washington Post reported, Iran and six major countries reached a "historic deal that freezes key parts of Iran's nuclear program in exchange for temporary relief on some economic sanctions." Conservative media have already compared the negotiations with Iran to British appeasement of Nazi aggression in the 1930s. Now, after Senator John Cornyn (R-TX) tweeted in reaction to the deal's announcement "[a]mazing what WH will do to distract attention from O-care," Fox News is promoting Cornyn's take.
On Fox News' Fox & Friends First, co-host Heather Childers said "the nuke deal has dominated political talk, which means focus has shifted away from Obamacare. This now sparking many to believe that it is yet another attempt to distract from the disastrous rollout and the looming deadline to get the site up and running at full speed." Reporter Peter Doocy highlighted Cornyn's tweet, saying he "looks at the whole announcement very suspiciously."
Later on Fox & Friends, co-host Steve Doocy also parroted the argument during an interview with White House deputy national security advisor Tony Blinken, saying that "some" were critical of the proposal and had suggested that the White House was "trying to change the subject," and shift the conversation away from health care. From Fox & Friends (emphasis added):
DOOCY: Right, Tony, some people are skeptical, a little critical. They're going, why now? Oh, maybe because so they're trying to change the subject, Obamacare not working out. President's approval at 38 percent. What do you say?
BLINKEN: Well, I don't do health care, but I think we can probably figure out a way to insure tens of millions of Americans and prevent Iran from getting the bomb at the same time. The fact of the matter is, this was growing urgent. Iran was advancing down all three lines of activity. We wanted to stop that. We wanted to stop the program, and we wanted to see if we could get a comprehensive deal that resolves this once and for all. That's exactly what we now have the opportunity to do.
Such a claim ignores the facts behind the deal. As the Los Angeles Times reported, Obama promised years ago to engage with Iran about its nuclear program, and months of meetings were conducted to pave the way for the deal, beginning in March -- well before HealthCare.gov launched on October 1. And the deal with Iran is not the first action by the administration or Congress that Fox has called a distraction from Obamacare.
Network nightly news broadcasts have served as a conduit for House Republicans to attack Obama administration initiatives through committee hearings -- all part of the GOP's "aggressive campaign," according to a recent New York Times report, to hold committee hearings and rely on media to cover the hearings' chosen narrative.
Multiple media outlets have targeted young Americans in an attempt to spread misinformation and myths about the Affordable Care Act (ACA), claiming that coverage is too expensive, the ACA provides too much coverage to young adults, and that Millennials are better off not signing up for coverage, despite vast evidence showing that young people both need and want coverage under the ACA.
A Las Vegas Review-Journal editorial left out key details of the insurance market prior to the passage of the Affordable Care Act (ACA) and the affordability of current ACA plans to attack the law and claim it should be repealed.
The November 20 editorial discussed insurance companies terminating certain Americans' current health plans while claiming that those seeking insurance will have to pay higher costs under the new ACA-compliant plans:
So the insured were part of the problem all along. The people who were responsible enough to purchase coverage that fit their needs and their budgets, without being threatened with a penalty tax, were too dumb to understand they were actually buying "predatory" garbage. The people who gave themselves an economic incentive to take care of their health, who willingly paid cash for routine medical care, needed to be forced to pay even more for coverage they didn't want or need.
Obamacare strikes out on premium affordability, too. According to the Manhattan Institute, Obamacare is projected to increase individual-market premiums by 179 percent in Nevada, the biggest jump in the nation. Sticker shock, not technical failure, is the major reason why so few people are buying insurance from Obamacare exchanges. The Twitter account @MyCancellation documents the cancellation notices Americans are receiving, as well as their outrageous new premium quotes. One tweet this week read "From Alabama: Old plan canceled was $180/mo w/ $6,700 ded. New plan under #ACA $400/mo &ded nearly doubles $12,000."
Americans were lied to. No amount of revisionist history can save this law or make its awful consequences acceptable. Are you paying attention, Sen. Reid? Repeal and replace.
The issue isn't so much with the insured as the companies providing insurance. As the Center on Health Insurance Reforms at the Georgetown University Health Policy Institute explained, "Pre-ACA, consumers faced a 'wild west' when buying health insurance." Providers were allowed to indiscriminately change plans and raise premiums without any safeguards. As Consumer Reports explained, the pre-ACA individual insurance market was "a nightmare" with many uninsured being unable to afford an individual plan, or if they did have insurance, most disliking their coverage. The article further noted:
Because of the new health care law people like these, who did nothing wrong except to have the bad luck to be stranded in the individual market, can now get health coverage at a price they can afford. Insurers can't turn them down or exclude coverage of the treatments they need the most. They can't slice and dice risk pools to drive longtime policyholders away. They can't charge them more because of pre-existing conditions.
In addition, insurance companies misled their clients by introducing non-ACA compliant plans without informing them that the plans they had would only be available for a short period of time, or in the case of Humana, sent threatening cancellation letters or letters that omitted crucial information about the ACA. As a Talking Points Memo investigation found, insurance companies around the country "have sent misleading letters to consumers, trying to lock them into the companies' own, sometimes more expensive health insurance plans rather than let them shop for insurance and tax credits on the Obamacare marketplaces," which could save consumers thousands per month.
Fox News claimed the Obamacare rollout has "clearly" been worse for the American people than the government shutdown, because the shutdown's "biggest inconvenience" was a few closed national parks and memorials -- ignoring the shutdown's cuts to domestic violence centers, women and children's food and health care, stalled scientific research, and severe economic losses.
On the November 11 edition of Fox News' Fox & Friends, co-host Steve Doocy and Fox legal analyst Andrew Napolitano held a "pop quiz" to determine "[w]hich was more harmful to your personal freedoms," Obamacare or the government shutdown? Both decided that there was no contest: Doocy proclaimed that Obamacare was "clearly" worse than the "slimdown," and Napolitano agreed that it was "[n]ot even a close call." As evidence, Napolitano pointed out that "the biggest inconvenience" of the government shutdown was "a couple hundred well-intended people trying to get into national parks and monuments and the government had closed them." In contrast, he claimed that Obamacare hurts people by forcing them to buy expensive "high end, one-size-fits-all" health insurance policies.
Fox's faulty comparison ignored the significant impacts of the government shutdown, which harmed the economy and slashed funding to necessary programs for low-income Americans.
Because of the shutdown, the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), a program that helps provide health care for at-risk babies and "helps new mothers feed themselves and their babies properly," saw its funding slashed, and states that were unable to lend the program local funds were forced to stop accepting enrollees. The shutdown also cut federal funding to at least 2,000 shelters for victims of domestic abuse, workplace safety inspections were halted, federal workers stopped inspecting toxic waste sites, and the CDC stopped monitoring the spread of the flu. National Geographic further reported that the shutdown caused long-term setbacks in scientific research, and The Washington Post detailed how the shutdown's fallout cost low-income workers their economic stability.
The shutdown also did lasting damage to the U.S. economy. Moody's Analytics estimated that the shutdown "cut real GDP by $20 billion, shaving half a percentage point off growth in the fourth quarter," according to a Congressional Research Service (CRS) report. CRS also noted that "JP Morgan Chase's chief economist was quoted as estimating that the shutdown reduced fourth quarter growth by 0.5 percentage points, with half the reduction attributable to lower government spending and half to 'spillover effects and lost activity' in the rest of the economy." The shutdown also eroded consumer confidence and may have derailed our gradual economic recovery, and economists argue that the shutdown will have lingering effects on the labor market and overall economy for several months.
Napolitano's argument that "5,500,000 innocent Americans were told they don't - they won't have health insurance on January 1st" is also inaccurate. Fox has repeatedly worked to hide the fact that rather than losing coverage outright, most of these consumers are simply being offered new, often better, options because policies will be required to include basic standards of care. Moreover, the rollout of the Affordable Care Act, though rocky, has successfully allowed hundreds of thousands of Americans to sign up for Medicaid.
Despite the GOP's strategy of obstructionism throughout the Affordable Care Act's (ACA, commonly known as Obamacare) implementation, Fox News pundits claimed Republicans have done nothing to contribute to ACA rollout problems.
From the November 20 edition of Fox News' America's Newsroom:
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Fox News misleadingly implied the Obama administration was at fault for not allowing people to keep their health insurance policies indefinitely, while hiding the fact that health insurance companies routinely alter consumer's plans every year.