2. Founder of the Internet Law Center
Santa Monica, California
Host of Cyber Law & Business Report
On WebmasterRadio.fm
Past Co-Chair of the California
Bar Cyberspace Committee
Former Asst. General Counsel and
Director of Privacy
and Governmental Affairs
and Anything Else That
Would Help Me Set the
Guinness Book Record for Longest Title
ValueClick – Westlake Village

3. CAMPAIGNS LOBBYING PUNDITRY
1978 – Senator Claiborne Pell
1980 – Kennedy for President
1982 – Senate Campaigns in RI and CT
1992-1998 – Co-Founder
and National Co-Chair
Democratic National
Committee Saxophone Club

4. CAMPAIGNS LOBBYING PUNDITRY
1980
Lobbied RI Gen Assembly on
State Health Plan
1985—1988
Legislative Assistant with DC
Lobbying Firm
2004-2007
Lobbied Washington and
Sacramento on Tech Legislation

5. CAMPAIGNS LOBBYING PUNDITRY
2004 – Present
Political Columnist
Won 3 LA Press Club
Awards
2008-2009
Filibanter

7. (78 Seconds)

10. Round 1

11. American Association of Labor Legislation
1912-1919
KEY PROVISIONS SUPPORTERS OPPONENTS
Compulsory Organized Labor
The Progressive Party
program
providing Business
Amer. Medical Association
medical,
maternity and Insurance Companies
death benefits
for those making
under $1,500
($27,000 in
current dollars) California
Red Sox won
Proposition
4 World Series
(1919) ‘12, ‘15, ‘16 and ‘18
Defeated
27% - 73%

13. Round 3

14. Member of the Asscoiated Press .
Aenean commodo ligula eget dolor.
Aenean. Aenean commodo ligula eget
dolor. Aenhswse. Cejhciebce fcdcdcd.
Est. 1869 Wednesday, November 24, Way Back Price 6d
FDR Signs Social Security Act
1920
AMA House of
Delegates “declares its
opposition to the
institution of any plan
embodying the system
of compulsory
contributory insurance”
FDR Dodges Fight with AMA, Strips
Health Care Coverage from Bill.

15. Harry Truman’s
78 Seconds
Senator Taft:
• Wagner-Murray-Dingell single • I consider it socialism. It is to
payer plan first introduced (1943) my mind the most socialistic
• Truman Backed Wagner- measure this Congress has ever
Murray-Dingell (1945) had before it.
• House Committee Chairman
Refused to Hold Hearings • Walked out of Senate hearing
after saying plan came right
• Universal Declaration of Human
Rights out of Soviet constitution.

16. AMA RECORD FIGHT
• SPENT $19MM IN
CURRENT DOLLARS
• WOULD BE HUGE
EVEN BY TODAY’S
STARDARDS
Where AMA ‘45 Spending Would Rank in Lobby Spending in Modern Age
YEAR RANK YEAR RANK YEAR RANK
1998 4th 2002 2nd 2006 5th
1999 1st 2003 3rd 2007 6th
2000 2nd 2004 2nd 2008 8th
2001 2nd 2005 6th 2009-2010 11th

17. Round 6

18. GREAT SOCIETY TIMES
www.dailynews.com THE WORLD’S FAVOURITE NEWSPAPER - Since 1879
LBJ Signs Medicare (1965)
Canada Passes Medical Care Act (1966)
1933-1992
• DEMS controlled both
houses of Congress -- 50 years
• DEMS controlled House -- 56 years

19. NIXON-CARTER
KENNEDY
BUSH
• Negotiations with
Nixon (1974)
• Hawaii Prepaid
Health Care Act
(1975) • COBRA (1985)
• Confrontation • Catastrophic
with Carter Health Insurance
(1978-80) (1988) • Repeal of Catastrophic
Health Insurance (1989)

20. Round 9

22. KEY PROVISIONS
Employer
SUPPORTERS
Mandate to
Provide
insurance
Organized Labor
Cost Control Progressive Groups
through HMO Business Roundtable
managed care. Chamber of Commerce
American Medical
Association
OPPONENTS
Health Ins. Industry
Association
Business Roundtable
Chamber of Commerce
Nat’l Federation of Independent
Businesses

23. For it, before they were against it . . .

25. Year 1935 1945 1965 1994 2010
Senate Then 70 57 68 57 59
After 73 45 64 48 51
Diff +3 -12 -4 -9 -8
House Then 322 243 295 258 256
After 334 188 248 204 235
Diff +12 -55 -47 -54 -21
NEXT WON WON LOST WON WON/LOST
PRES ???
AVERAGE LOST
6 SENATE & 33 HOUSE SEATS

27. Round 12

28. PCT IN
HMO/PPO PLAN
1993 – 47%
2010 – 77%

30. Average Health Insurance
Premiums and $13,375
Worker Contributions for
131%
Family Coverage, 1999-2009 Premium
Increase
$9,860
$5,791 128%
Worker
Contribution
$4,247 Increase
$3,515
$1,543
1999 2009
Employer Contribution
Note: The average worker contribution and the average employer contribution Worker Contribution
may not add to the average total premium due to rounding.
30
Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2009. http://ehbs.kff.org/pdf/2010/8085.pdf

31. 180%
159%
160%
138%
140%
120%
100%
80%
60%
42%
40%
20% 31%
0%
1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Health Insurance Premiums
Workers' Contribution to Premiums
Workers' Earnings
Overall Inflation
Source: Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2010. http://ehbs.kff.org/pdf/2010/8085.pdf Bureau of Labor
Statistics, Consumer Price Index, U.S. City Average of Annual Inflation (April to April), 1999-2010; Bureau of Labor Statistics, Seasonally
Adjusted Data from the Current Employment Statistics Survey, 1999-2010 (April to April).

32. 18% 69%
Under 65, Covered
68.3%
17% By Employer 68%
67.9%
16% 67.1% 67%
15.8%
15.3% 15.3%
15% 65.7% 15.1% 66%
14.9%
14.7%
14% 14.0% 14.1% 65%
13.7%
64.4%
13% 63.9% 64%
Uninsured
63.5%
12% 62.9% 62.9% 63%
11% 62%
1999 2000 2001 2002 2003 2004 2005 2006 2007
Source: U.S. Census Bureau.

35. Health Care Reform Dashboard
290-
50.7M 22K
350,000
UNINSURED PREVENTABLE DEATHS
DEATHS PER YEAR SINCE ‘94
$6,772 $24,291 2M
FAMILY INS,
FAMILY INS, HEALTH
PREMIUM
PREMIUM (2016) RELATED BKS
(2000)

36. 2003
* Medicare Prescription Drug Benefit
* Maine’s Dirigo Health Reform Act
2006
* “Romney-Care”
* Vermont “Catamount Health”

37. Round 13
THRILLA

40. Clinton Lessons
•Failed to Give Congress Input in Drafting
•Had Final Bill too late
•Should have done Welfare Reform before Health Care
•Byrd Rule
•Incremental Reform
•Get a Dog

41. Lessons Learned?
• Failed to Give Congress Input in Drafting
– Obama “subcontracted out” drafting to Congress
• Had Final Bill too late
– Obama – no bill yet to defend during “Town Hall summer”
• Should have done Welfare Reform before Health Care
– Same mistake, should have led with Jobs
• Byrd Rule
– Lesson Learned
• Incremental Reform
– Began administration with S-Chip covering 10M uninsured children
• Get a Dog -

42. Passed House 245-189
Increase
Deficit
$210 Billion

43. DC DISTRICT COURT
4TH & 6TH CIRCUIT – CONSTITUTIONAL
11TH CIRCUIT - UNCONSTITUTIONAL

45. 6th Circuit
Regulating Impact on
Interstate Commerce

46. Scoreboard
X
3 O X O
O
3 X
O X

47. Scoreboard
X
3 O X O
O
3 R? X R?
O X

48. Scoreboard
X
3 O X O
O
3 R? X R?
? O X

51. Internetlawcenter.net
bennetkelley.com
webmasterradio.fm