The Ritz-Carlton Bachelor Gulch hotel in Beaver Creek, Colo., site of a $113,753 Xcel board of directors retreat

DENVER — With St. Paul–based Xcel Energy on pace to disconnect power to some 70,000 Coloradans this year for nonpayment, energy activists there are openly questioning why ratepayers should pick up the tab for lavish executive board-member dinners, hotel and spa retreats and luxury box tickets to professional sports games. But those who want the Colorado Public Utilities Commission to establish a firm policy cracking down on such excesses likely won’t get their wish anytime soon, according to a commission spokesman.

The PUC is set to begin final deliberations on Xcel’s latest rate-increase request — its second in the last year — on Dec. 3, but PUC spokesman Terry Bote said the commissioners will probably only consider the merits the of the $136 million rate hike and not delve into rule changes for travel and entertainment expenses.

“The commission can’t set a rule by deliberation in a rate case, so if they were going to make a rule, they would have to go into a rule-making proceeding to do that,” Bote told the Colorado Independent. “If they choose to, they can put language in the order that says, ‘We don’t expect these types of expenses to be included in future rate cases,’ but that’s not binding, obviously.”

The issue first came up during testimony in the nearly $180 million rate case in Denver earlier this month (Xcel has since reduced that amount in a settlement with consumer groups by nearly $44 million). Clean energy and consumer advocates pointed out Minnesota Attorney General Lori Swanson had a serious problem with excessive Xcel travel and entertainment charges last summer.

Some of those charges included a $113,753 Xcel board of directors retreat at the ultra-luxury Ritz-Carlton Bachelor Gulch hotel near Beaver Creek in Colorado’s Eagle County — of which Xcel tried to pass $36,149 on to Minnesota ratepayers, according to testimony by the state AG’s office. Other items included first-class airline tickets and luxury hotel stays for top Xcel executives during conferences in Europe.

That testimony prompted Xcel, which provides power to 5 million customers in eight states, including Colorado, to trim $3.9 million in travel and entertainment expenses from its $132 million rate case in Minnesota last summer. Regulators ultimately allowed for an overall $91 million increase in that state.

The Minnesota rate case caught the attention of Colorado energy activists who tried earlier this month to introduce the Minnesota AG’s testimony into the Colorado rate-case docket. The Colorado PUC rejected that move but did request more information from Xcel on whether similar charges were being included the Colorado rate case. Xcel introduced an exhibit on the final day of testimony detailing more than $120,000 in expenses.

The tab included dinner bills in excess of $10,000 and board retreats at luxury spas in Boulder for more than $40,000. Xcel immediately offered to remove those expenses from its rate-increase request.

“The commission has never disallowed these sorts of expenditures in the past and the company finds that these occasional expenses are a reasonable cost of business, but offered to remove the costs from its historic test year during the hearings,” a company spokesman said. “The company will offer to remove the same amount from its forecasted test year, meaning that customers in Colorado will not be paying for these types of expenses.”

However, attorney Dennis Kelly, an “intervener” in the rate case on behalf of a grassroots Arapahoe County group called the ArapaHOPE Community Team, said his organization and others fought hard to get the Minnesota case into the record because they want the Colorado PUC to establish a firm policy on exorbitant travel and entertainment expenses.

“One of the reasons we really wanted to get this into the docket is because I don’t think that these costs had ever really been reviewed by the Colorado Public Utilities Commission, and I don’t think they really have set guidelines on any of this,” Kelly said.

Now activists in Minnesota are calling out Xcel for its annual $5.8 million corporate aviation budget, according the Minneapolis Star Tribune. The company maintains two eight-passenger Learjets — which cost about $1,200 an hour to fly – mostly for company executives to travel between Minneapolis and Denver, its two largest markets.

David O. Williams writes for the Colorado Independent, sister site to the Minnesota Independent.

As if Iraq weren’t already riven enough with its own internecine antagonisms, prisoners there under U.S. military guard are siding with Minnesota in the bitter, cross-border gridiron rivalry between the two neighbor states.

The detainees clued into the Guard members’ loyalty to the Green and Gold after the soldiers repainted camp walls in those colors.

“They know Favre by name,” First Lieutenant Tim Boehnen said of the former Packers quarterback, in an interview with Milwaukee radio station WTMJ-AM.

“They obviously then started up the conversations and started talking about Brett Favre,” Boehnen said. “They soon learned about Favre going to the Vikings, and things just started going downhill from there.”

The abuse is apparently entirely verbal, and good-natured, according to Boehnen …

One of the big words they know now is shenanigan. They’ll constantly talk about “Favre shenanigans,” “He’s so good for the Vikings,” and “The Packers have got to really feel bad about that one.”

… unlike, say, the abuse of a goat in Winona that fans painted green and gold before shaving the number 4 into its side and stuffing it into the trunk of a car earlier this football season.

lllustration: George Peters

WASHINGTON — Mortgage giant Fannie Mae’s recent announcement that it will give homeowners facing foreclosure the chance to stay in their properties as renters for as long as a year is the latest aggressive move by the government to help troubled borrowers and tenants avoid being evicted. But as past efforts to stem the foreclosure crisis have already shown, even well-intentioned programs haven’t managed to reach significant numbers of people in peril – meaning any new approach faces a tough road ahead.

Consider, for example, a new federal law approved in May that protects renters from foreclosure evictions by giving them the right to stay in their residences after foreclosure for 90 days or for the duration of of their leases. Despite the new law, some tenants aren’t getting notice of their rights and are simply moving out, housing advocates said.

The problem has been particularly widespread surrounding a provision in the law, called the Helping Families Save their Homes Act, that allows for borrowers with Section 8 affordable housing vouchers the option to also stay in their residences when their landlord is in foreclosure. Some tenants who call their state or local housing authorities in Massachusetts and Connecticut after a foreclosure eviction notice are mistakenly told they have to move, noted Judith Liben, a senior housing attorney with the Massachusetts Law Reform Institute, a nonprofit legal services advocacy group. Better training of housing authority staff would help fix the situation, she said.

“Even with well-intentioned policies, there’s a disconnect between a good idea put into law, and what really happens on the street,” Liben said. “We see that disconnect on the ground, all the time.”

Despite anti-foreclosure initiatives by the government and lenders, the housing crisis has continued to worsen. Foreclosure notices totaled a record high of nearly 938,000 in just the third quarter of this year, according to RealtyTrac, an online foreclosure database. The Center for Responsible Lending predicts a total of 9 million foreclosures by 2012. Vacant and abandoned foreclosed properties are adding to neighborhood blight problems. Renters increasingly have become caught as innocent bystanders, evicted often without notice when their landlord faces foreclosure.

The new federal protections are supposed to address that. But in some cases, tenants in foreclosed homes either can’t reach real estate agents in charge of selling the properties to let them know they want to continue renting, or they get incorrect information from agents and think their only option is to move out immediately, said Shelley White, litigation director at New Haven Legal Assistance in Connecticut. In some instances, law firms send misleading letters that imply a financial incentive to move, known as cash for keys, is a renters’ only option, she said.

“We’re definitely seeing a lot of problems with tenants that just get notes from Realtors that say the bank has foreclosed on your property, and it’s time to get out,” Wright said.

The difficulties in outreach to tenants comes as the government continues expanding options and assistance to borrowers and renters dealing with foreclosure. In addition to the new federal law, the Treasury Department plans soon to rollout its plan encouraging more short sales by offering financial incentives to lenders and borrowers. In a short sale, a homeowner sells his home for less than the amount owed on the mortgage, and lenders forgive the remaining loan balance.

Both Fannie and Freddie Mac earlier this year began allowing qualified tenants in foreclosed homes under their control to sign month-to-month leases. Freddie Mac also started offering former owners of foreclosed homes the month-to-month lease option. Last week, Fannie announced its new policy, which significantly expands on the idea, allowing some owners who didn’t qualify for a loan modification and can’t afford their mortgage  the option of staying on in their homes. The owner would voluntarily turn over the property to Fannie in a “deed for lease” transaction, instead of going through a lengthy foreclosure process. The former owners in exchange would be given the option to rent back their homes for at least a year. Unlike in a short sale, their credit is unlikely to take a hit because of the transaction. And even investors may be eligible, meaning they would turn over their properties to Fannie, but their tenants would have the option to remain.

“This is huge,” said Dean Baker, co-director of the Center for Economic and Policy Research, who proposed a similar own to rent idea when the financial crisis first hit two years ago.

Baker would prefer that Fannie’s new policy extend the the rent-back period even further, to five or 10 years. But, overall, Baker said Fannie’s program addresses the problem of growing numbers of vacant properties, and represents a shift to promoting rental policies as a foreclosure solution. “You’re guaranteed a year, and that gives you some stability and a chance to plan ahead,” he said.

He and others also described Fannie’s new program as a big step forward over some efforts currently in place to help renters in foreclosed homes.

Fannie Mae, for example, already gives renters in foreclosed homes the option to continue renting on a month-to-month basis, or to accept a cash for keys offer. According to Fannie’s data, the financial help has been a far more popular option. Since January, it has tallied 3,500 cash for keys agreements, and 300 signed leases. Fannie Mae spokesperson Amy Bonitatibus said the program was set up to offer both choices to renters. It is open to all tenants of Fannie Mae-owned properties, but she had no information on specifically how many tenants had been approached with offers.

The small number of leases signed isn’t really surprising, said Danilo Pelletiere, research director for the National Low Income Housing Coalition. The options to renters were offered post-foreclosure, by which time some tenants may have decided to make other living arrangements. Cash for keys can be a more attractive option than a month to month lease. The new federal tenant protection law also overlapped with Fannie’s program, so some tenants may not have felt a need to sign leases, he said.

Pelletiere and other advocates said they have much higher expectations for Fannie’s new approach for former owners. A deed for lease transaction can happen far more quickly than a foreclosure, and having a longer-term lease will be more attractive to many people. Fannie also has hired a national property management company to handle the new program, while its existing rental initiative for tenants uses local real estate agents and property managers.

“Because of the way it’s designed, it should do a much better job,” Pelletiere said. “That makes it much more likely that we’ll see a national response. It provides a way for Fannie to be proactive and to get to the property earlier. And it costs less than getting someone out of a home and foreclosing on them.”

Alan Mallach, a senior fellow at the National Housing Institute and the Brookings Institution, agreed. “What’s interesting will be to look at how many people this new policy affects,” Mallach said. “I think it will be significant.”

Pelletiere said he also found some encouragement in early results from Freddie Mac’s program earlier this year to rent back properties to former owners of foreclosed homes on a month by month basis. According to Freddie Mac’s figures, almost 12,000 units entered its portfolio of foreclosed homes between April and October. In 70 percent of cases, a borrower is working on a mortgage loan modification, leasing the home back, or accepting cash for keys. In another 27 percent of cases, the property was vacant by the time Freddie Mac took it over. In three to four percent of cases, an owner or renter faced eviction. Of those occupants who signed leases, two-thirds were owner occupants and one-third were tenants. Spokesman Brad German said he had no further breakdown of the numbers.

The long-held belief has been that owners would decline to become renters again, so having more owners than renters sign rental leases is an encouraging sign for Fannie’s new program, Pelletiere said.

Still, he and others noted the government wouldn’t be prompted to move toward a more aggressive rental policy if a greater number of loan modifications were successful. A recent report by the Congressional Oversight Panel for the government’s taxpayer-funded bailout program criticized the progress being made under the administration’s Making Home Affordable program, saying that in a best case scenario it would prevent fewer than half of expected foreclosures.

As foreclosure notices pile up, troubled tenants and borrowers don’t always understand they might be eligible for help, or they don’t know who to contact to apply for programs, or they just give up and leave upon a foreclosure – even in cases where they have new federal laws and programs intended to avoid evictions. To Liben, the Massachusetts housing attorney, one constant of the housing crisis has been that some people “get lost in the shuffle.” She’s waiting to see if that will finally change.

In July, the Madison, Wis.–based Freedom From Religion Foundation filed suit over plans to inscribe the Pledge of Allegiance and “In God We Trust” motto prominently in the Washington, D.C. center, charging that to do so would be unconstitutional and not representative of all Americans, including 15 percent of the population it says are nonbelievers.

Today’s brief (pdf), filed by the American Center for Law and Justice with the U.S. District Court in Madison, calls the Freedom From Religion Foundation’s cause a “crusade,” stating that it “serves no purpose other than to waste judicial resources at a time in our Nation’s history when those resources are needed in cases involving real threats to American liberties.”

The slogans in question “in no way violate the Establishment Clause of the First Amendment to the United States Constitution. These expressions simply echo the sentiments found in the Declaration of Independence and recognize the undeniable truth that our freedoms come from a source higher than the state…. While the First Amendment affords atheists complete freedom to disbelieve, it does not compel the federal judiciary to redact religious references in every area of public life in order to suit atheistic sensibilities.”

In addition to Bachmann, fellow Minnesota Republican Rep. John Kline and Iowa’s Steve King were also represented in the brief.

Pfc. Kham Xiong

At Ft. Hood Army Base today, President Obama honored the thirteen people killed Thursday in a shooting spree there, including St. Paul’s Pfc. Kham Xiong. Obama told of Xiong, a 23-year-old married father of three, who “came to America from Thailand as a small child” and later “followed his brother into the military because his family had a strong history of service.” He was set to begin his first tour of duty in Afghanistan. Xiong will be buried with honors at Fort Snelling National Cemetery following a traditional three-day Hmong funeral ceremony.

A day before Veteran’s Day, Obama said that “as we honor the many generations who have served, I think all of us – every single American – must acknowledge that this generation has more than proved itself the equal of those who have come before. We need not look to the past for greatness, because it is before our very eyes.”

Full text of Obama’s remarks:

REMARKS BY THE PRESIDENT

AT MEMORIAL SERVICE AT FORT HOOD

Fort Hood – III Corps

Fort Hood, Texas

1:55 P.M. CST

THE PRESIDENT:  To the Fort Hood community; to Admiral Mullen; General Casey; General Cone; Secretary McHugh; Secretary Gates; most importantly, to family, friends and members of our Armed Forces.  We come together filled with sorrow for the 13 Americans that we have lost; with gratitude for the lives that they led; and with a determination to honor them through the work we carry on.

This is a time of war.  Yet these Americans did not die on a foreign field of battle.  They were killed here, on American soil, in the heart of this great state and the heart of this great American community.  This is the fact that makes the tragedy even more painful, even more incomprehensible.

For those families who have lost a loved one, no words can fill the void that’s been left.  We knew these men and women as soldiers and caregivers.  You knew them as mothers and fathers; sons and daughters; sisters and brothers.

But here is what you must also know:  Your loved ones endure through the life of our nation.  Their memory will be honored in the places they lived and by the people they touched.  Their life’s work is our security, and the freedom that we all too often take for granted.  Every evening that the sun sets on a tranquil town; every dawn that a flag is unfurled; every moment that an American enjoys life, liberty and the pursuit of happiness — that is their legacy.

Neither this country — nor the values upon which we were founded — could exist without men and women like these 13 Americans.  And that is why we must pay tribute to their stories.

Chief Warrant Officer Michael Cahill had served in the National Guard and worked as a physician’s assistant for decades. A husband and father of three, he was so committed to his patients that on the day he died, he was back at work just weeks after having had a heart attack.

Major Libardo Eduardo Caraveo spoke little English when he came to America as a teenager.  But he put himself through college, earned a PhD, and was helping combat units cope with the stress of deployment.  He’s survived by his wife, sons and step-daughters.

Staff Sergeant Justin DeCrow joined the Army right after high school, married his high school sweetheart, and had served as a light wheeled mechanic and satellite communications operator.  He was known as an optimist, a mentor, and a loving husband and loving father.

After retiring from the Army as a major, John Gaffaney cared for society’s most vulnerable during two decades as a psychiatric nurse.  He spent three years trying to return to active duty in this time of war, and he was preparing to deploy to Iraq as a captain.  He leaves behind a wife and son.

Specialist Frederick Greene was a Tennessean who wanted to join the Army for a long time, and did so in 2008, with the support of his family.  As a combat engineer he was a natural leader, and he is survived by his wife and two daughters.

Specialist Jason Hunt was also recently married, with three children to care for.  He joined the Army after high school.  He did a tour in Iraq, and it was there that he reenlisted for six more years on his 21st birthday so that he could continue to serve.

Staff Sergeant Amy Krueger was an athlete in high school, joined the Army shortly after 9/11, and had since returned home to speak to students about her experience.  When her mother told her she couldn’t take on Osama bin Laden by herself, Amy replied: “Watch me.”

Private First Class Aaron Nemelka was an Eagle Scout who just recently signed up to do one of the most dangerous jobs in the service — diffuse bombs — so that he could help save lives. He was proudly carrying on a tradition of military service that runs deep within his family.

Private First Class Michael Pearson loved his family and loved his music, and his goal was to be a music teacher.  He excelled at playing the guitar, and could create songs on the spot and show others how to play.  He joined the military a year ago, and was preparing for his first deployment.

Captain Russell Seager worked as a nurse for the VA, helping veterans with Post-Traumatic Stress.  He had extraordinary respect for the military, and signed up to serve so that he could help soldiers cope with the stress of combat and return to civilian life.  He leaves behind a wife and son.

Private Francheska Velez, daughter of a father from Colombia and a Puerto Rican mother, had recently served in Korea and in Iraq, and was pursuing a career in the Army.  When she was killed she was pregnant with her first child, and was excited about becoming a mother.

Lieutenant Colonel Juanita Warman was the daughter and granddaughter of Army veterans.  She was a single mom who put herself through college and graduate school, and served as a nurse practitioner while raising her two daughters.  She also left behind a loving husband.

Private First Class Kham Xiong came to America from Thailand as a small child.  He was a husband and father who followed his brother into the military because his family had a strong history of service.  He was preparing for his first deployment to Afghanistan.

These men and women came from all parts of the country.  Some had long careers in the military.  Some had signed up to serve in the shadow of 9/11.  Some had known intense combat in Iraq and Afghanistan, and some cared for those did.  Their lives speak to the strength, the dignity, the decency of those who serve, and that’s how they will be remembered.

For that same spirit is embodied in the community here at Fort Hood, and in the many wounded who are still recovering.  As was already mentioned, in those terrible minutes during the attack, soldiers made makeshift tourniquets out of their clothes. They braved gunfire to reach the wounded, and ferried them to safety in the backs of cars and a pickup truck.

One young soldier, Amber Bahr, was so intent on helping others, she did not realize for some time that she, herself, had been shot in the back.  Two police officers — Mark Todd and Kim Munley — saved countless lives by risking their own.  One medic — Francisco de la Serna — treated both Officer Munley and the gunman who shot her.

It may be hard to comprehend the twisted logic that led to this tragedy.  But this much we do know — no faith justifies these murderous and craven acts; no just and loving God looks upon them with favor.  For what he has done, we know that the killer will be met with justice — in this world, and the next.

These are trying times for our country.  In Afghanistan and Pakistan, the same extremists who killed nearly 3,000 Americans continue to endanger America, our allies, and innocent Afghans and Pakistanis.  In Iraq, we’re working to bring a war to a successful end, as there are still those who would deny the Iraqi people the future that Americans and Iraqis have sacrificed so much for.

As we face these challenges, the stories of those at Fort Hood reaffirm the core values that we are fighting for, and the strength that we must draw upon.  Theirs are the tales of American men and women answering an extraordinary call — the call to serve their comrades, their communities, and their country.  In an age of selfishness, they embody responsibility.  In an era of division, they call upon us to come together.  In a time of cynicism, they remind us of who we are as Americans.

We are a nation that endures because of the courage of those who defend it.  We saw that valor in those who braved bullets here at Fort Hood, just as surely as we see it in those who signed up knowing that they would serve in harm’s way.

We are a nation of laws whose commitment to justice is so enduring that we would treat a gunman and give him due process, just as surely as we will see that he pays for his crimes.

We’re a nation that guarantees the freedom to worship as one chooses.  And instead of claiming God for our side, we remember Lincoln’s words, and always pray to be on the side of God.

We’re a nation that is dedicated to the proposition that all men and women are created equal.  We live that truth within our military, and see it in the varied backgrounds of those we lay to rest today.  We defend that truth at home and abroad, and we know that Americans will always be found on the side of liberty and equality.  That’s who we are as a people.

Tomorrow is Veterans Day.  It’s a chance to pause, and to pay tribute — for students to learn the struggles that preceded them; for families to honor the service of parents and grandparents; for citizens to reflect upon the sacrifices that have been made in pursuit of a more perfect union.

For history is filled with heroes.  You may remember the stories of a grandfather who marched across Europe; an uncle who fought in Vietnam; a sister who served in the Gulf.  But as we honor the many generations who have served, all of us — every single American — must acknowledge that this generation has more than proved itself the equal of those who’ve come before.

We need not look to the past for greatness, because it is before our very eyes.

This generation of soldiers, sailors, airmen, Marines and Coast Guardsmen have volunteered in the time of certain danger. They are part of the finest fighting force that the world has ever known.  They have served tour after tour of duty in distant, different and difficult places.  They have stood watch in blinding deserts and on snowy mountains.  They have extended the opportunity of self-government to peoples that have suffered tyranny and war.  They are man and woman; white, black, and brown; of all faiths and all stations — all Americans, serving together to protect our people, while giving others half a world away the chance to lead a better life.

In today’s wars, there’s not always a simple ceremony that signals our troops’ success — no surrender papers to be signed, or capital to be claimed.  But the measure of the impact of these young men and women is no less great — in a world of threats that no know borders, their legacy will be marked in the safety of our cities and towns, and the security and opportunity that’s extended abroad.  It will serve as testimony to the character of those who served, and the example that all of you in uniform set for America and for the world.

Here, at Fort Hood, we pay tribute to 13 men and women who were not able to escape the horror of war, even in the comfort of home.  Later today, at Fort Lewis, one community will gather to remember so many in one Stryker Brigade who have fallen in Afghanistan.

Long after they are laid to rest — when the fighting has finished, and our nation has endured; when today’s servicemen and women are veterans, and their children have grown — it will be said that this generation believed under the most trying of tests; believed in perseverance — not just when it was easy, but when it was hard; that they paid the price and bore the burden to secure this nation, and stood up for the values that live in the hearts of all free peoples.

So we say goodbye to those who now belong to eternity.  We press ahead in pursuit of the peace that guided their service. May God bless the memory of those that we have lost.  And may God bless the United States of America.

Photo: Graham Moomaw, The Washington Independent

There’s word that “Stunning” Steve King, congressman from Iowa, wants a Saturday reprise of U.S. Rep. Michele Bachmann’s “Superbowl of Freedom” rally against health care reform. Before a second “House Call” protest blurs memories of the original, here is a sampling of reportage from a pair of eyewitnesses to Bachmann’s achievement on Thursday.

The Huffington Post’s Sam Stein sought to mix freely with the folks Bachmann brought out, but he found his reporter’s notebook — and eventually, his sought-after business cards — gave him away:

On Thursday, I ventured down to Capitol Hill with a professional death wish. I was going to mingle with a group of tea partiers to get a sense of what, exactly, keeps their clocks ticking. For two-and-a-half hours, I got the Glenn Beck treatment — accused of, among other things, subverting freedom, working for a communist propaganda outlet, and having a soulless devotion to slander and scandal.

One woman picked up her items and moved away — taking her family with her — after I settled down on the Capitol’s front lawn. At another point a man, who seemed generally concerned about my safety, whispered in my ear: “You’re a sheep amidst the wolves in this crowd, son.”

And yet, a funny thing happened on the way to Rep. Michelle Bachmann’s (R-Minn.) “Super Bowl of freedom.” I was adopted — in a way — by a group of tea baggers. Sure, the politics they spoke seemed dripped in abject paranoia. But there was, at the very least, a sense of mutual respect. How else, after all, should one feel about people so devoted to a cause that they would skip work and travel hundreds of miles for a milquetoast protest?

The Washington Post’s Dana Milbank asked if it didn’t “send the wrong message for House Republicans to hold an event on the Capitol grounds full of hateful and gruesome words and images,” noting in any case that it wasn’t technically a rally.

Technically, Thursday’s GOP-sponsored rally at the Capitol was a “press conference” (a Capitol Police spokeswoman explained that the lawmakers didn’t have a permit for a demonstration). The speakers took no questions at this news conference, instead calling, at least a dozen times, for the Pelosi bill’s death.

But, as with a similar rally by Democrats a week before, unpredictable things tend to happen in the wide-open spaces of the Capitol’s West Front. Minutes into the rally, a breeze toppled the American flag from the stage.

More ominously, a man standing just beyond the TV cameras apparently suffered a heart attack 20 minutes after event began. Medical personnel from the Capitol physician’s office — an entity that could, quite accurately, be labeled government-run health care — rushed over, attaching electrodes to his chest and giving him oxygen and an IV drip. This turned into an unwanted visual for the speakers, as a D.C. ambulance and firetruck, lights flashing, pulled in just behind the lawmakers. A path was made through the media section, and the patient, attended to by about 10 government medical personnel, was being wheeled away on a stretcher just as House Minority Leader John Boehner (R-Ohio) stepped to the microphone. “Join us in defeating Pelosi care!” he exhorted. A few members stole a glance at the stretcher.

Speaker of the House Nancy Pelosi. Photo: WDCpix

WASHINGTON, D.C.  – How effectively will the House health care bill cover children? Turns out, it depends on where they live.

The $894 billion health reform bill working its way toward a House vote this week would repeal the Children’s Health Insurance Program, shifting some low-income kids into Medicaid and others into private plans that would both cost more and guarantee fewer benefits. Which program the youngsters tumble into hinges, not on need, but on the state where they live – a design some advocates call “the lottery of geography.”

“Much of the House bill is good, but on CHIP they only did half a loaf,” said Bruce Lesley, president of First Focus, a children’s health advocacy group. “They protected kids in some of the states, but not in the others.”

CHIP would end in 2014

Created in 1997, the state-federal CHIP partnership was designed to cover kids in families too wealthy to qualify for Medicaid but not wealthy enough to afford private insurance. States were granted broad discretion to fashion the program to fit their needs, with some carving out a separate CHIP program, some using CHIP funds to expand Medicaid eligibility, and still others opting for some combination of the two.

The House bill, which would eliminate CHIP in 2014, approaches those models very differently. While it expands Medicaid eligibility to 150 percent of poverty and shifts all kids living above that level to private plans contained on a proposed insurance marketplace, or exchange, the proposal also carves out an exception in states which augmented Medicaid in lieu of creating a separate CHIP program. In those cases, the youngsters would remain in Medicaid.

The distinction carries both coverage and cost implications. Under current law, all state Medicaid programs are required to offer a blanket system of preventative care known as the early periodic screening, diagnosis and treatment program, or EPSDT. The exchange plans, on the other hand, don’t have the same mandate. (Although states with stand-alone CHIP programs are not bound to cover EPSDT services, some of them do.)

And because states have vastly different income-eligibility levels for Medicaid and CHIP, the House bill offers no guarantee that the most vulnerable kids would receive the most robust benefits. In New Jersey, for example, Medicaid covers youngsters up to 200 percent of poverty, at which point CHIP takes over and covers kids up to 350 percent. Minnesota, by contrast, covers kids up to 275 percent of poverty under Medicaid but has no stand-alone CHIP plan.

The result? Children living at 275 percent of poverty in Minnesota would, under the House bill, still pay almost nothing for care under Medicaid — including EPSDT coverage — while families living at the same income level in New Jersey will be responsible for 22 percent (pdf) of the cost of their exchange plans, without the assurance of EPSDT services.

The patchwork has led some state health departments to support the House proposal and others to oppose it.

“My members are split,” said Ann Kohler, director of the National Association of State Medicaid Directors.

More New Jerseys than Minnesotas

Still, there are more New Jerseys out there than Minnesotas. Currently, about 5.3 million (or 72 percent) of the 7.4 million CHIP kids live in states with stand-alone CHIP programs, according to Georgetown University’s Center for Children and Families (pdf).

“They’re going to be paying a lot more out of their pockets and getting fewer benefits,” warned Alison Buist, director of child health at the Children’s Defense Fund.

Supporters of the shuffle from CHIP to private plans argue that it will increase enrollment by allowing entire families to gain coverage under the same plan. They also point out that CHIP must be reauthorized every few years, leaving the very existence of the program to the fancy of Congress. Still, the proposal to repeal CHIP has put Democrats in the uncomfortable spot of defending the elimination of a program they spent much of the last two years fighting to preserve.

Then there’s the cost issue. A recent report conducted by Watson Wyatt Worldwide, a financial consulting firm, found that most CHIP enrollees living at 175 percent of poverty pay nothing at all for their health services, while those living at 225 percent pay about 2 percent of costs. Shifted into private plans on the exchange, the researchers found, those same families would pay between 5 percent and 35 percent of health costs, respectively — a situation “greatly increasing their financial burden and leaving low-income children worse off as a result of health reform.”

Indeed, examining a similar CHIP repeal offered in the Senate, Congressional Budget Office Director Douglas Elmendorf recently noted that “some of those children would be eligible for subsidized coverage in the exchanges but would not be enrolled in an exchange plan (owing at least in part to the higher premiums and higher out-of-pocket costs that they would typically face in such a plan).”

Fixes have mixed success

Some House lawmakers recognize the potential problems. During the markup of health reform legislation in the Education and Labor Committee, for example, lawmakers passed an amendment — offered by Rep. Bobby Scott (D-Va.) — requiring that all exchange plans offer EPSDT services. That proposal, however, was stripped out in the final bill.

Another amendment, offered by Rep. Diana DeGette (D-Col.), would have prevented the shift from CHIP to private plans unless the White House provided certification that the private plans offered comparable benefits. That proposal passed the Energy and Commerce Committee, but was also removed in the final bill.

DeGette’s office said earlier this week that the certification language was removed “to reflect some budgetary constraints.”

Not that the end of CHIP is final. In the Senate, members of the Finance Committee last month passed an amendment to reauthorize CHIP through 2019. The sponsor of that amendment, Sen. Jay Rockefeller (D-W.Va.), is already vowing to fight for that provision all the way to the White House.

“We need to make sure children can keep their CHIP coverage and not be forced into untested private coverage,” Rockefeller said in a statement this week. “Health care reform should improve the coverage children have — not take their coverage away.”

That’s because, like professed party-builder Pawlenty, the Minuteman Political Action Committee prefers Hoffman to Republican Scozzafava.

While in Mexico, Pawlenty will meet with President Felipe Calderon, whose term ends in 2012 — the same year Pawlenty hopes to be elected as his counterpart in the United States.

Pawlenty’s past international travel includes trade missions to Israel and India. His trip to Mexico will be brief: Nov. 9–10. The announcement came on Minnesota-Mexico Day, which Pawlenty marked at Best Buy headquarters in Richfield.

An appeal would mean another return trip to the city, an expensive proposition that already has cramped her campaigning style in the final weeks before the Nov. 3 election. Hill was set to fly in and out of Pittsburgh today so she could be back in Minneapolis for a Ward Three candidate debate Thursday at the University of Minnesota.

Pittsburgh was the site of a September meeting of leaders from the G-20 group of nations that drew sizable street protests — protests that Hill says she was only trying to cover as a journalist for Indymedia when police arrested her, damaged her camera and confiscated a video cassette.

Hill is on the Minneapolis ballot as a “Civil Disobedience” candidate. She was also arrested outside the Rage Against the Machine concert in downtown Minneapolis during the 2008 Republican National Convention (charges were dropped), and has coordinated several “End the Fed” demonstrations at the Minneapolis Federal Reserve Bank.

Photo: Ryan Bushby, Wikimedia Commons

A Gallup poll conducted at the beginning of October shows that more Americans support the legalization of marijuana than ever before — even if the majority still think it should be illegal.

Forty-four percent of Americans said they think marijuana should be legal, while 54 percent said it should stay illegal. The number who support legalization has doubled in the last 20 years, whereas in the late 1980s only 23 percent supporting legalization.

A majority of respondents living in the West said they would approve of marijuana being legal in their state (53 percent to 46 percent) while the Midwest residents showed the largest disapproval of having marijuana legal in their state with 64 percent rejecting it.