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CLT UPDATE
Tuesday, April 1, 2014

The State of Dysfunction


Thirty-plus years ago, Bay State taxes really were among the highest in the nation. So what changed? Many deserve credit, but at the top of any list would be Barbara Anderson, founder of Citizens for Limited Taxation. She created CLT in 1974 to battle against a graduated income tax and then won a major set of victories in the 1980s that sharply limited property taxes. Anderson was irascible then, and she remains that way today, earning a good share of liberal wrath. Yet she helped usher in an era of significantly more responsible spending and — not coincidentally — a strong and sustained economic boom. A 16-year parade of Republican governors and substantially more tax-averse legislators (especially in the House) helped keep things in check....

Earlier this month the Tax Fairness Commission, set up by the Legislature, released a set of recommendations to make the tax code “fairer.” I have much sympathy with the commission’s argument that lower-income families pay too much, but many of its proposals are worrisome. One, in fact, harkens back to CLT’s founding: It wishes to amend the state constitution to allow income taxes to be graduated....

The interests of taxpayers are more diffuse (remember Patrick justifying a gas tax increase by saying it was merely “the equivalent of one large cup of coffee a week?”) and the benefits of stable taxation harder to see. Like a movie monster that just won’t die, Taxachusetts could rise again.

The Boston Globe
Friday, March 28, 2014
‘Taxachusetts’ is a misnomer, at least for now
SEE BARBARA'S NOTE, BELOW COMMENTARY


“Article 23 of the Massachusetts Constitution reads: ‘No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the Legislature.’ What part of ‘under any pretext whatsoever’ does the Registry of Motor Vehicles not understand?”

Chip Ford
Director of Operations
Citizens for Limited Taxation

QUOTABLE QUOTES
Beacon Hill Roll Call
Friday, March 14, 2014


What does “RMV” really stand for?

Registry of Motor Vehicles?

“Reaming Massachusetts Vigorously”?

How about “Retirement Money Vacuum”? Because that’s what the just-announced Registry of Motor Vehicles fee hikes are all about.

Last year the Herald reported that the MBTA had finally reached the retirement tipping point: More employees of the transit agency were retired and collecting pensions than were working and paying into the system. This is hardly a surprise at a government agency where more than a third of the retirees clocked out before they reached 55 years old. In fact, more than 1,000 retired in their 40s!

What does that have to do with the hellhole that is the average RMV office, you ask? That’s where most of your license and registrations fees are going — not to paying for stellar transportation services to the Massachusetts driver, but to paying all those retirees who are not working at the MBTA.

The Boston Herald
Friday, March 14, 2014
Registry an ATM for T
By Michael Graham


A House-Senate committee on Monday approved a $1.7 billion borrowing bill, dramatically raising the bottom line on legislation sought by Gov. Deval Patrick and padding the legislation with spending authorizations for trees, cranberry bog acquisitions and money to purchase coastal property.

The Committee on Environment, Natural Resources and Agriculture, chaired by Sen. Marc Pacheco and Rep. Anne Gobi, added nearly $800 million to the $911 million plan submitted by Gov. Patrick.

State House News Service
Monday, March 17, 2014
Committee adds $800 million to Patrick's environmental bond


Some legislative leaders on Beacon Hill want the commonwealth — as in you the taxpayers — to incur $50 million in additional debt so the government can plant more trees.

We’ve heard of “shovel-ready” — but $50 million? ...

As the State House News Service reports, Patrick’s bill contained projects valued at $911 million. But the Committee on Environment, Natural Resources and Agriculture has pushed it up to $1.7 billion.

Sen. Marc Pacheco (D-Taunton) told the News Service the tree planting initiative will have dual benefits — trees absorb carbon dioxide emissions, for one, and of course they provide shade on hot days.

What is this, budgeting by second grade science lesson? ...

But bond bills — whether this one, or another addressing transportation spending — also provide a useful lesson in how the political class in Massachusetts establishes priorities, and what it considers “emergency” spending. They also indicate just how seriously Pacheco and his colleagues take the warnings of credit rating agencies about the state’s level of debt — that is, not very seriously at all.

A Boston Herald editorial
Wednesday, March 19, 2014
On borrowed time


Two years after it sparked a massive outcry by hiking fares 23 percent, the chronically cash-strapped MBTA wants to raise its rates again, bumping up the cost of a monthly bus and subway pass by $5.

The 5 percent fare hikes, which will increase the cost of a single subway and bus ride by 10 cents and the average monthly commuter rail pass by $12, are expected to raise $20 million to $25 million as part of the T’s $1.9 billion budget for the next fiscal year. No service reductions are planned....

But Barbara Anderson of Citizens for Limited Taxation said the fare hikes are a better way to fund the T than government subsidies.

“The T is badly run. They can never get enough of our money,” she said. “At least with the fare increases, the people riding the T will have to pay some of their own way, as opposed to the bailout, which is everybody else paying to give them a cheaper ride.”

The Boston Herald
Wednesday, March 26, 2014
MBTA seeks hike in commuter rail, subway, bus fares


Let the good times roll.

While private sector workers are struggling to pay our hefty tax burden, Bacon Hill is spending and mismanaging like drunken Democrats.

Why not spend, spend, spend when the commonwealth has surpluses? Have the governor and the Legislature forgotten that we needed federal stimulus bailout money five years ago?

Last year the state collected $627 million above revenue projections and this fiscal year we have a $668 million surplus so far....

Massachusetts is the most indebted state per capita in the nation. In other words, we have maxed out our credit! Instead of paying our bills, tightening our spending habits and ending the mismanagement, the State House is racking up more expenses. We need credit counseling!

Right now, the Legislature is negotiating behind closed doors the transportation bond bill which authorizes $13 billion in spending. They also have passed a $1.2 billion capital projects bond bill and a $177 million military bond bill.

Last November the Legislature bonded $869 million for info-technology. The technology will be out of date before we have this expense paid off.

The $34 billion state budget was insufficient so the House and Senate passed a $194 million supplemental budget.

The Boston Herald
Monday, March 31, 2014
Time to cut off Deval Patrick & Co.
By Holly Robichaud


Concerned that lax protocols have put people seeking health insurance in Massachusetts at risk of identity theft, a Congressional committee is demanding answers from Gov. Deval Patrick about the state’s broken Health Connector website and its security protections....

“I don’t think we have a reason to be concerned,” Patrick said.

Asked whether any issues have arisen with security, Patrick said, “There haven’t been that I know of.” ...

The letter from Issa . . . noted that Massachusetts received more than $180 million in federal grants to set up its exchange, which has only enrolled fewer than 13,000 people as of March 1, Issa’s letter said, calculating that every person enrolled through the exchange cost federal taxpayers $14,000.

State House News Service
Monday, March 31, 2013
Issa questions Connector site security, official called to Capital


Chip Ford's CLT Commentary

Why must Massachusetts constantly be one of the most dysfunctional state governments in the nation, if not the most?

No matter how revenue much Bacon Hill rakes in from us taxpayers in one form or another, the pols spend it even faster. And then they borrow (bond) even more, piling on to the already highest state debt per capita in the nation.

And it's not just the obscene profligate spending that would be bad enough of itself. Worse is how all those tens of billions taken from us are squandered, wasted, thrown away through malfeasance, misfeasance and incompetence. The level of arrogant ineptitude especially at the executive level is consistently staggering, for example:

The state drug lab scandal causing the release of hundreds of once-convicted drug-dealers, retrials, attorneys' fees and court costs paid by us taxpayers; failed executive oversight of the compound drug pharmacies, a scandal that's led to numerous deaths around the country; the many and various scandals surrounding the governor's Department of Children and Families; the meltdown of the state healthcare "Connector" website, with perhaps massive identity fraud a result not too far off, taxpayers now forced to pay health insurance indefinitely for tens of thousands of those who can't "connect" and pay for their own.

The pols screw up on a grand scale, Massachusetts is liable, we taxpayers pay the damage. Again, and again, and again.

Rather than taking these hugely expensive collective debacles seriously, instead Beacon Hill doubles down on the governor's $911 million request for "environmental needs" and raises it by $800 million, the committee approving another $1.7 billion of borrowing. Hey, it's only money other people's money. If they need more to pay off the massive loans, they'll just tap the Registry of Motor Vehicles again, or hike another tax or two. They assume they'll never run out of our money.

Election 2014 can't get here fast enough. At least we'll have a new governor who can't possibly be as incompetent or disengaged. If only we can hold on till then, and start taking back our government.


Today's Special Elections Update:

The two candidates CLT's 2½ PAC endorsed both appear to have lost in very close special elections today.

According to the Springfield Republican this evening, John Velis, a Democrat, defeated Republican Dan Allie for the state representative seat by a vote of 2,697 to 2,354 53% of the 21 percent voter turnout in the 4th Hampden District.

According to RedMassGroup.com, Democrat Jason Lewis is declaring victory over Monica Medeiros (R) in the special election for senator in 5th Middlesex District.

In another close special House election (16th Suffolk District; Chelsea, Revere, and Saugus), Republican Todd Taylor reportedly has won Chelsea and Saugus. Revere will determine the final outcome.


'Kill the Initiative & Referendum Process' Amendment Update:

We've been working diligently with some of our allies on Beacon Hill to have it removed from the final Election Laws bill before it comes up for a vote. We're hopeful but remain vigilant and engaged.

Chip Ford

BARBARA'S NOTE (CORRECTIONS):

Of course we appreciate the Boston Globe article by Tom Keane giving CLT credit for many achievements over the years, but I must note that I didn't "create" Citizens for Limited Taxation: that would be Edward F. King of West Roxbury, who is still a member, now our Chairman Emeritus.

The study cited in Keane's article has some flaws; we'll be updating the Massachusetts tax burden data later this month, in time for April 15th and Tax Freedom Day.
 


 

The Boston Globe
Friday, March 28, 2014

‘Taxachusetts’ is a misnomer, at least for now
By Tom Keane


Massachusetts is not, in fact, “Taxachusetts.” Rather, the Bay State is right in the middle, neither high nor low, imposing less of a burden on its citizens than certain other states filled with anti-tax braggadocio (ahem, that would be you, New Hampshire). But “Taxachusetts” is also less about reality than it is a state of mind. We may not tax heavily now, but we used to — and if certain folks had their druthers, we would once again.

The financial website WalletHub just released its ranking of the best and worst states to be a taxpayer. On top was Wyoming (with average annual taxes of $2,365) while Massachusetts ($6,884) came in at 21. Some states with greater tax burdens defy stereotypes. South Carolina, for example, was 23rd, Georgia 26th, and the aforementioned Granite State was 28th ($7,419). That seems a puzzle. With no sales or income taxes, how can New Hampshire be worse off than Massachusetts?

Because politicians are crafty people. New Hampshire crows about the taxes it doesn’t have even as it finds other ways to reach into pocketbooks; its property taxes, for example, are among the highest in the nation.

In fact, the myth of Taxachusetts has been widely reported. The Massachusetts Budget and Policy Center observes the Bay State takes 10.4 percent of its citizens’ incomes as taxes, less than the US average of 10.6 percent. The nonpartisan StateMaster looked at taxes as a percent of GDP and ranked Massachusetts right in the middle, at 25. The Tax Foundation notes that, when it comes to taxes, Massachusetts is a “beacon of moderation.”

The Tax Foundation’s comment was made in 2007, by the way. So why does everyone still think of us as Taxachusetts? Perhaps it’s just that we all like clever wordplay (Connecticut has higher taxes than Massachusetts, but “Connectitax” just doesn’t have the same ring). Perhaps, as your mother likely once told you, a bad reputation is hard to shake. Or perhaps, like a trained tiger, the impulse to bite is never far from the surface.

We used to bite hard. Thirty-plus years ago, Bay State taxes really were among the highest in the nation. So what changed? Many deserve credit, but at the top of any list would be Barbara Anderson, founder of Citizens for Limited Taxation. She created CLT in 1974 to battle against a graduated income tax and then won a major set of victories in the 1980s that sharply limited property taxes. Anderson was irascible then, and she remains that way today, earning a good share of liberal wrath. Yet she helped usher in an era of significantly more responsible spending and — not coincidentally — a strong and sustained economic boom. A 16-year parade of Republican governors and substantially more tax-averse legislators (especially in the House) helped keep things in check.

But the tiger is getting restless. Last summer, Governor Deval Patrick led the charge for a major tax boost. One that passed — a tax on computer-based services — would have cost the state’s high-tech firms perhaps $500 million annually. After a threatened referendum and a raft of bad press, a chastened Legislature eventually repealed the measure. Earlier this month the Tax Fairness Commission, set up by the Legislature, released a set of recommendations to make the tax code “fairer.” I have much sympathy with the commission’s argument that lower-income families pay too much, but many of its proposals are worrisome. One, in fact, harkens back to CLT’s founding: It wishes to amend the state constitution to allow income taxes to be graduated.

This report, last year’s services tax, and a stream of other tax-hike ideas suggest we’ve become a little complacent about taxation. Granted, there are always good projects out there that deserve spending. Who wouldn’t like better roads, increased social services, and the like? The demands for more are insistent, and they are pushed by those with a strong interest in getting them through. The interests of taxpayers are more diffuse (remember Patrick justifying a gas tax increase by saying it was merely “the equivalent of one large cup of coffee a week?”) and the benefits of stable taxation harder to see. Like a movie monster that just won’t die, Taxachusetts could rise again.


Beacon Hill Roll Call
Friday, March 14, 2014
Volume 39 - Report No. 11; March 10-14, 2014

QUOTABLE QUOTES


HIKE REGISTRY OF MOTOR VEHICLE FEES – The Massachusetts Department of Transportation Board of Directors voted to increase annual motor vehicle inspections from $29 to $35, non-commercial auto registration fees from $50 to $60 and road test fees from $20 to $35. The fees are scheduled to increase on July 1 following public hearings on the hikes in May.

Supporters say the hikes will raise $55 million to $63 million in fiscal year 2015 and will support road and bridge projects and improved customer service.

Opponents say the fees are nothing more than an unnecessary tax hike.

“The fees collected will support road and bridge projects, improved customer service and allow the state’s Department of Transportation to properly fund its operating expenses.”
Registrar of Motor Vehicles Celia J. Blue on new hikes in three Registry of Motor Vehicles fees

“Article 23 of the Massachusetts Constitution reads: ‘No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the Legislature.’ What part of ‘under any pretext whatsoever’ does the Registry of Motor Vehicles not understand?”
Chip Ford, Director of Operations, Citizens for Limited Taxation


The Boston Herald
Friday, March 14, 2014

Registry an ATM for T
By Michael Graham


What does “RMV” really stand for?

Registry of Motor Vehicles?

“Reaming Massachusetts Vigorously”?

How about “Retirement Money Vacuum”? Because that’s what the just-announced Registry of Motor Vehicles fee hikes are all about.

Last year the Herald reported that the MBTA had finally reached the retirement tipping point: More employees of the transit agency were retired and collecting pensions than were working and paying into the system. This is hardly a surprise at a government agency where more than a third of the retirees clocked out before they reached 55 years old. In fact, more than 1,000 retired in their 40s!

What does that have to do with the hellhole that is the average RMV office, you ask? That’s where most of your license and registrations fees are going — not to paying for stellar transportation services to the Massachusetts driver, but to paying all those retirees who are not working at the MBTA.

When you fight your way through streets pocked with potholes to get to the RMV office so you can stand in line for an hour to be told that the last RMV employee gave you the wrong form — virtually none of the money you pay for that delightful experience will go to benefiting you as a driver. About 90 percent of the $600 million the RMV collects this year will go not to running the agency — but to Beacon Hill.

Where it will promptly be dumped into the spending sewer of the MBTA.

A system with fewer workers than retirees is obviously unsustainable — particularly an MBTA that has over-spent so much it’s now billions of dollars in debt.

One solution would be to bring costs down, control spending and end the current, bloated system where the average MBTA employee earns more than his private sector counterpart but does less work.

And then I woke up and remembered I live in Massachusetts ...

That’s why Gov. Deval Patrick has always pushed the other solution: taking more of our money and dumping it into his messed-up mass transit system.

Since Patrick took office, we’ve had toll hikes, sales tax hikes, gas tax hikes — and don’t forget that Patrick just raised some registry fees in 2009.

And every time, a portion of that money has gone to prop up the MBTA. The budget has exploded — growing twice as fast as inflation every year, so that MBTA painters can take home $100,000 a year and machinists more than $150K.

The result is a system that, as the Pioneer Institute reported, spends almost twice as much on bus maintenance, for example, as the average transit system in the country. That’s because we pay an average(!) $111,634 in salary and benefits to MBTA maintenance workers. Working for the MBTA you can make almost 80 grand pumping gas!

And then when these folks retire on full health care and pension benefits ... well, somebody’s gotta pay, and as long as T riders only cover a third of the costs, that “somebody” is going to be you.

When Patrick pushed through his first RMV fee hike, I felt sorry for my fellow Bay Staters. Paying more and getting less is a lousy deal. Paying more as a driver to fund the retirement of some 50-year-old hack instead of paving crappy roads *really* stinks.

But the people doing this to us are the people we re-elect again and again. They’re making no secret of what they’re doing with our money, or of the fact that they plan to do it again in a few years.

If Beacon Hill treats us taxpayers as if we’re a bunch of suckers, it’s only because we are.


State House News Service
Monday, March 17, 2014

Committee adds $800 million to Patrick's environmental bond
By Andy Metzger


A House-Senate committee on Monday approved a $1.7 billion borrowing bill, dramatically raising the bottom line on legislation sought by Gov. Deval Patrick and padding the legislation with spending authorizations for trees, cranberry bog acquisitions and money to purchase coastal property.

The Committee on Environment, Natural Resources and Agriculture, chaired by Sen. Marc Pacheco and Rep. Anne Gobi, added nearly $800 million to the $911 million plan submitted by Gov. Patrick.

“The authorization that came in we thought was far short of what we needed for the environmental needs of the Commonwealth,” Pacheco told the News Service.

At Patrick’s request, the House and Senate this session have been advancing through the branches a series of big-ticket long-term borrowing bills that administration officials say are needed to keep capital spending and public works projects on track. While credit rating agencies have raised the state’s debt burden as a concern, administration officials say the proposed borrowing is within affordability limits.

The committee also favorably reported a bill (S 2028) filed by Pacheco that requires the administration to develop a climate change adaptation plan, listing the state’s vulnerabilities and establishing a voluntary program where property owners could sell their repeatedly damaged coastal property to the state.

The bill would fund the proposed new coastal buyback program with about $50 million, said Pacheco, who said that program was added by the committee.

Bond bills do not allocate money the way a budget does, but instead authorize the administration to borrow, generally for long-lasting capital projects. The bond bill (H 3332) that cleared committee Monday will face further review by other committees and likely the full House and Senate.

Additionally the bill would devote $65 million to coastal infrastructure, $55 million for a climate center, and $30 million to help cities and towns create parks.

There are few specific projects earmarked in the bill. Among the earmarks are $800,000 for the Oyster Pond Environmental Trust purchase of 22 acres in Falmouth, $10 million for the Bristol County Agricultural High School in Dighton to create an Eastern Regional Center for Urban Sustainability, and $4.4 million for the Whitney Pond Dam, in Winchendon.

The bond bill would increase from $2 million to $5 million the total tax credits available annually for environmental conservation land donations, and increase the maximum amount of tax credits that can be claimed for each donation from $50,000 to $75,000.

The bill would fund various governmental and non-profit tree planting efforts with $50 million, which Pacheco said has the twin benefits of soaking up atmospheric carbon and providing shade on hot days.

The acquisition and restoration of cranberry bogs – which can damage water quality with their runoff – would receive funding under the bill. There is additional money for land acquisition and recreation paths.

The bill would include $19 million for a Department of Environmental Protection solid waste master plan, a 10-year roadmap the DEP developed in 2010. On Oct. 1, the DEP plans to implement mandatory composting for large-scale facilities, as part of an attempt to reduce food waste.


The Boston Herald
Wednesday, March 19, 2014

A Boston Herald editorial
On borrowed time


Some legislative leaders on Beacon Hill want the commonwealth — as in you the taxpayers — to incur $50 million in additional debt so the government can plant more trees.

We’ve heard of “shovel-ready” — but $50 million?

For tree planting?

Does anyone else think the folks who spend their days on Beacon Hill are losing touch with the real world?

The tree-planting is one of a slew of projects tossed into a borrowing bill for environmental projects that was filed by Gov. Deval Patrick — and nearly doubled in size by a legislative committee.

As the State House News Service reports, Patrick’s bill contained projects valued at $911 million. But the Committee on Environment, Natural Resources and Agriculture has pushed it up to $1.7 billion.

Sen. Marc Pacheco (D-Taunton) told the News Service the tree planting initiative will have dual benefits — trees absorb carbon dioxide emissions, for one, and of course they provide shade on hot days.

What is this, budgeting by second grade science lesson?

It’s tempting to dismiss these long-term borrowing bills, particularly in their formative stages, as just so much political pandering. They’re almost literally wish lists. Lawmakers use them to satisfy supporters and special interests, but given the limits on annual state borrowing the likelihood that most of the authorized projects will see the light of day soon is slim.

But bond bills — whether this one, or another addressing transportation spending — also provide a useful lesson in how the political class in Massachusetts establishes priorities, and what it considers “emergency” spending. They also indicate just how seriously Pacheco and his colleagues take the warnings of credit rating agencies about the state’s level of debt — that is, not very seriously at all.

After all, what’s the big deal about $50 million for tree-planting — or another $50 million to buy up coastal properties that suffer repetitive storm losses, or $55 million for a statewide climate center — when the pols are playing with “house” money?

The state is confronted with serious challenges — expensive challenges. A kitchen-sink approach to fiscal management ignores that reality.


The Boston Herald
Wednesday, March 26, 2014

MBTA seeks hike in commuter rail, subway, bus fares
By Richard Weir


Two years after it sparked a massive outcry by hiking fares 23 percent, the chronically cash-strapped MBTA wants to raise its rates again, bumping up the cost of a monthly bus and subway pass by $5.

The 5 percent fare hikes, which will increase the cost of a single subway and bus ride by 10 cents and the average monthly commuter rail pass by $12, are expected to raise $20 million to $25 million as part of the T’s $1.9 billion budget for the next fiscal year. No service reductions are planned.

“We know the impact this will have on our customers. But it’s a very modest increase and one that will go toward cost increases that all of us experience,” said Jonathan Davis, the T’s chief financial officer, noting 5 percent fare hikes every two years, as state lawmakers have prescribed, “are better for our customers” than more “significantly shocking” fare hikes like the one passed in July 2012.

The T that year raised fares an average of 23 percent while also receiving a $49 million bailout from the state.

Transit users yesterday decried the hikes, which, if approved next month, will take effect July 1.

“There is not enough people who can afford the T as it is, and for you to raise it, it’s unjust,” said Roxbury resident Hakim Sutherland, a member of the T Riders Union, an advocacy group.

But Barbara Anderson of Citizens for Limited Taxation said the fare hikes are a better way to fund the T than government subsidies.

“The T is badly run. They can never get enough of our money,” she said. “At least with the fare increases, the people riding the T will have to pay some of their own way, as opposed to the bailout, which is everybody else paying to give them a cheaper ride.”


The Boston Herald
Monday, March 31, 2014

Time to cut off Deval Patrick & Co.
By Holly Robichaud


Let the good times roll.

While private sector workers are struggling to pay our hefty tax burden, Bacon Hill is spending and mismanaging like drunken Democrats.

Why not spend, spend, spend when the commonwealth has surpluses? Have the governor and the Legislature forgotten that we needed federal stimulus bailout money five years ago?

Last year the state collected $627 million above revenue projections and this fiscal year we have a $668 million surplus so far.

How has the Patrick administration managed the extra tax dollars? No, we are not repaying the federal government to lower the national debt. When Deval is not leaving on a jet plane, his administration is finding ways to generate even more revenue. The money grab du jour is a 20 percent increase in registry fees. Why give us a break? It has been a long nine months since the last tax package passed.

Massachusetts is the most indebted state per capita in the nation. In other words, we have maxed out our credit! Instead of paying our bills, tightening our spending habits and ending the mismanagement, the State House is racking up more expenses. We need credit counseling!

Right now, the Legislature is negotiating behind closed doors the transportation bond bill which authorizes $13 billion in spending. They also have passed a $1.2 billion capital projects bond bill and a $177 million military bond bill.

Last November the Legislature bonded $869 million for info-technology. The technology will be out of date before we have this expense paid off.

The $34 billion state budget was insufficient so the House and Senate passed a $194 million supplemental budget.

This new spending doesn’t include the gross mismanagement. The failing Health Connector website is costing $69 million, but that’s just the tip of the iceberg. Last week Patrick announced 84,000 people don’t have to pay for their health insurance until the website is fixed. We are still waiting for welfare reform to pass, so the chance the problems with the website will be resolved in under a year is nil. How much will this new giveaway cost? If each “free” policy runs $500 per month that is a grand total of $504 million per year. As you know, once someone gets something for free, it stays that way.

Bacon Hill is squandering our money because they have easy access to our wallets. We need to cut off their supply. Then maybe they will think about finding savings and start acting responsibly. There are still 29 days left to get signatures to run for office.


State House News Service
Monday, March 31, 2013

Issa questions Connector site security, official called to Capital
By Andy Metzger


Concerned that lax protocols have put people seeking health insurance in Massachusetts at risk of identity theft, a Congressional committee is demanding answers from Gov. Deval Patrick about the state’s broken Health Connector website and its security protections.

Health Connector Executive Director Jean Yang will testify about problems with the state’s exchange before the U.S. House Committee on Oversight and Government Reform Thursday, according to committee staff. Committee Chairman Darrell Issa, a California Republican, last week expressed concerns about security risks with the state Connector website in a letter to Patrick, which questions why so many state websites with moderate and high risk levels were allowed to connect to a federal data hub.

“Massachusetts failed to give employees the required security awareness training, including training on handling federal tax information, and did not require background or credit checks of employees before allowing them to have access to the IT system used to operate the exchange,” Issa wrote, citing a Sept. 18, 2013 security assessment. “Furthermore, the report noted that the exchange did not plan regular vulnerability scanning or penetration testing ‘upon go-live date.’ It is unclear when, if at all, the numerous deficiencies in the security of Massachusetts’s exchange were corrected.”

Patrick told reporters Monday afternoon that he had not yet read the letter from Issa but was aware of it, suggesting the congressman may have alerted the media to the letter before it was actually delivered to the governor’s office.

“I don’t think we have a reason to be concerned,” Patrick said.

Asked whether any issues have arisen with security, Patrick said, “There haven’t been that I know of.”

Apart from the Sept. 18 assessment, the chief information security officer at the Centers for Medicare and Medicaid Services gave Massachusetts and nine other states a “moderate” risk assessment and deemed 35 states “high risk”, recommending only four states be allowed to connect to the data hub, according to Issa’s March 25 letter.

Federal officials had flagged security concerns ahead of the Oct. 1, 2013 launch, according to emails obtained by the committee and referenced in the letter. Ryan Brewer, the former chief of information security and current advisor to CMS, wrote that allowing states to connect to the hub without and appropriate review “introduces an unknown amount of risk” to the hub and the federally facilitated marketplace.

“This in turn puts the [personally identifiable information] of potentially millions of users at risk of identity theft and fraud to the CMS marketplace healthcare subsidy program,” Brewer wrote.

Brewer’s successor as chief information security officer at CMS, Teresa Fryer, indicated a predilection for permitting states to connect to the federal hub.

“[N]ormally I just review and sign what Ryan [Brewer] gives me anyway because the front office is signing them whether or not they are a high risk,” Fryer wrote in an email quoted by Issa.

Issa requested Massachusetts officials provide all communications between state and federal employees referring to the federal data hub, dating back to May 1, 2013, and any audits of the Connector’s development, readiness or security dating back to July 1, 2012.

As tens of thousands were unable to use the state’s Connector site to sign up for health insurance, Massachusetts policymakers have focused on providing coverage, including putting about 125,000 people into temporary Medicaid while they attempt to determine eligibility.

A concern about protecting the information of people who signed up for health insurance online has been raised by some, but has not been a focal point for policymakers.

"We should be able to report out on that perhaps even as early as Thursday,” Health and Human Services Secretary John Polanowicz told Rep. Viriato deMacedo at a Feb. 10 budget hearing where the Plymouth Republican questioned the security of data on the state’s site.

Asked about a report on the topic from Polanowicz, an HHS spokesman did not offer any new information, referencing a statement to the News Service earlier Monday from Connector spokesman Jason Lefferts. Asked about the concerns raised by Issa, Lefferts had written, “In order for states to connect to the federal data services hub, the federal government set high data security standards and the Massachusetts Health Insurance Exchange was one of 33 states that met those standards before Oct. 1. The Commonwealth’s strong protections are safeguarding personal information every day and their effectiveness is backed up by the fact that we haven’t had a data breach.”

The Connector was late to highlight myriad problems with the Connector website, which was overhauled to comply with the federal Affordable Care Act.

The letter from Issa – who has also led investigations into a deadly attack on U.S. diplomats in Benghazi, Libya, and a much-criticized federal law enforcement gun trafficking investigation dubbed “Fast and Furious” – noted that Massachusetts received more than $180 million in federal grants to set up its exchange, which has only enrolled fewer than 13,000 people as of March 1, Issa’s letter said, calculating that every person enrolled through the exchange cost federal taxpayers $14,000.

“While the functional problems with the exchange are well known, little is publicly known about the major security vulnerabilities that were present with the exchange on October 1, 2013, and which potentially remain today,” Issa wrote.

Pundits have pointed to the troubled rollout of President Barack Obama’s signature policy, modeled in part on the 2006 Massachusetts health reform, as a key for Republicans seeking to take back the U.S. Senate and to solidify their control of the U.S. House.

There are state-level policy considerations as well. Republican gubernatorial candidate Charlie Baker has said he would seek a waiver from the national law.

“On the hearing on Thursday, we have been invited to Thursday’s hearing and are still working on the details,” Lefferts wrote to the News Service. “We look forward to meeting with the Subcommittees and talk about how implementing the Affordable Care Act has led to new, subsidized coverage for tens of thousands of people in Massachusetts.”

The Committee on Health Care Financing, which has been without a House chairman since Jan. 21, held a hearing in February where lawmakers questioned Yang and Patrick’s special assistant Sarah Iselin, criticizing the failed rollout and the administration’s response to it.

"I'm not leaving this hearing feeling any more comforted than when I came in," said Rep. Majorie Decker, a Cambridge Democrat, after the Feb. 12 hearing.

In addition to Yang, health insurance exchange officials from California, Hawaii, Maryland, Minnesota, and Oregon will testify at the hearing in Washington, D.C., House Oversight spokeswoman Caitlin Carroll told the News Service.

“Here is to hoping we learn more details about what exactly happened in Massachusetts, as our state officials don't seem keen on speaking on the topic locally, and our elected officials on Beacon Hill have not provided a regular outlet to facilitate those conversations,” wrote Pioneer Institute Director of Health Care Policy Josh Archambault, noting the directors of other troubled exchanges around the country have been fired or resigned.

In an early February report, MITRE, a consultant hired to examine the Connector site’s problems, reported that it appeared the state’s health insurance exchange and eligibility system had a “deficiency” in connection with its integration efforts as teams constructed functions and capabilities “in silos.” The security architecture, MITRE reported, was designed to work in concert with the portal, “serving protected content such as account creation, security attribution, and login.”

“These two enterprise services were not designed and appropriately integrated or tested, resulting in account creation without appropriate security attributes,” MITRE reported.

Matt Murphy and Michael Norton contributed reporting

 

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