CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Friday, August 2, 2002

Gimme Lobby is coming for MORE!
as last tool of democracy is hijacked


Liberal activists, organized labor and public health advocates are gearing up to push another hefty round of tax hikes - setting up a collision course with business leaders who draw the line at this year's biggest-ever $1.14 billion levy increase.

The ink's barely dry on this year's tax hikes, but the clamor to raise more money is already rising as the state faces a $1.5 billion structural deficit - mostly plugged this year with "rainy day" funds....

While smokers, investors and middle-income families bore the brunt of this year's tax hikes, TEAM and its allies - the state's powerful teacher unions and a new coalition of public health groups - are training their sights next year on the business community....

The Boston Herald
Aug. 2, 2002
Interests gear for tax hikes as budget ink dries


The Legislature's spending priorities are so far out of line with common sense as to defy belief....

So before they high-tailed it out of town, legislators managed to "restore" some $70 million in vetoed items. Yes, that would have been more than enough to end this crisis at the drugstore counter. But that wasn't what legislators had in mind. No, they clearly had other priorities and those priorities included pandering to some of their favorite interest groups.

A Boston Herald editorial
Aug. 2, 2002
Pols leave a mess, warped priorities


Averting a crisis that could have left thousands of the state's poorest citizens without access to prescription drugs, Acting Governor Jane Swift reached a temporary agreement yesterday under which the state's three largest drugstore chains will continue to fill Medicaid prescriptions.

The Boston Globe
Aug. 2, 2002
Swift sets accord with pharmacies on Medicaid rate


More than 200 years after citizens dumped tea in the harbor and took up arms in defense of liberty, the cry of tyranny is being raised again in Boston - this time against the people's elected representatives.

The state Legislature devoted much of the session that ended Wednesday to trying to quash citizen initiatives, prompting the newspapers to caricature the House speaker as an autocrat with a scepter and crown....

To many, voter initiatives are a foolish way to make laws, and some legislators consider it their duty to serve as a check on the passions of the people....

"They've become so much out of touch with real people, and they despise us so much and the process that lets us interfere," said Barbara Anderson, whose group Citizens for Limited Taxation campaigned for a ballot measure to roll back the income tax in stages from 5.95 percent to 5 percent.

Associated Press
Aug. 2, 2002
Voter initiatives die at the Statehouse door in Massachusetts,
the cradle of liberty


Chip Ford's CLT Commentary

More Is Never Enough, and Jimmy St. George is never going to quit reaching for our pockets. That's what he's paid to do.

Following The Biggest Tax Hike in State History, here he is, still grabbing for more. But isn't it almost delicious that now his primary target is Mike Widmer's Mass. Taxpayers Foundation membership?

Bear in mind, this is only because Jimmy just accomplished ravaging the average taxpayer -- he knows he can't get away with financially raping us much more -- so the Gimme Lobby is going for the remaining deep pockets, those who have something left to take. But he'll be back after us again, trust me. 5.6 percent -- if not more -- is still on the near horizon.

In the year ahead MTF will attempt to deflect Jimmy's Gimme Lobby attack by again targeting average taxpayers, as usual. But MTF's Fat Cat membership has got be wondering how they ever allowed Widmer to run cover for the phony "fiscal" crisis -- lending it credibility -- and fail to reign in the real spending crisis. Mike Widmer's tenure as MTF president surely is on thin ice, or ought to be by now.

And, unlike in the past, CLT won't be going out of its way to defend Big Business from Gimme Lobby demands that it pay its "fair share." Certainly not until the Fat Cats get out of the way of the income tax rate's return to 5 percent for average taxpayers.

The next most critical issue to face us today is the death of the initiative and referendum process. For decades, it has been all that has stood between us and one-party tyranny. It no longer stands at the barricades. We have lost it ... until there are consequences, real costs, for crushing underfoot the voting majority.

That is up to you, your friends, family and neighbors, and us in the few months ahead before the primary and general elections. Some legislator's heads must roll if we are ever to retake our government and restore democracy, as many of the Beacon Hill bums as possible must be tossed out!

Tomorrow (Saturday) at noon Barbara and I will be at the kick-off of Anthony Ranieri's campaign for state rep., at his campaign headquarters at 133A Main St., Everett, when we'll give him our support. Campaign '02 is off and running, folks!

Save yourself; save your children's heritage; save democracy; restore "The Cradle of Liberty": Throw the bums out!

Chip Ford


The Boston Herald
Friday, August 2, 2002

Interests gear for tax hikes as budget ink dries
by Elisabeth J. Beardsley

Liberal activists, organized labor and public health advocates are gearing up to push another hefty round of tax hikes - setting up a collision course with business leaders who draw the line at this year's biggest-ever $1.14 billion levy increase.

The ink's barely dry on this year's tax hikes, but the clamor to raise more money is already rising as the state faces a $1.5 billion structural deficit - mostly plugged this year with "rainy day" funds.

There's only $300 million left in savings, and the rest of the deficit - which grows monthly as tax collections fall below projections - will have to be closed with either spending cuts or new taxes.

Advocacy groups say they can't absorb any more program cuts beyond the roughly $1.5 billion imposed on virtually every state government program over the past year.

Tax Equity Alliance for Massachusetts Director James St. George pointed to acting Gov. Jane M. Swift's attempt to eviscerate $28 million for full-day kindergarten, and House Speaker Thomas M. Finneran's push to save $70 million by tossing 50,000 poor people off health care.

"That tells us you have, in fact, cut down into the bone," St. George said. "The solution next year needs to be a repeal of some of the unnecessary and unwise tax cuts of the 1990s."

While smokers, investors and middle-income families bore the brunt of this year's tax hikes, TEAM and its allies - the state's powerful teacher unions and a new coalition of public health groups - are training their sights next year on the business community.

Except for the new taxes on capital gains - which were nonexistent this year - businesses escaped the first round of taxes.

St. George said activists would prevail on lawmakers to take away the so-called "Raytheon" tax break for manufacturers and close accounting loopholes that allow some businesses to skip income taxes.

Business groups balked at the tax-hike talk, after opening this year's floodgates by giving their blessing - and therefore, political cover - for the first tax package.

Associated Industries of Massachusetts, the state's largest trade group, protested that companies already anted up - agreeing to forgo a $60 million tax break in President Bush's stimulus package.

Companies struggling from the recession are also girding for a hike in unemployment insurance rates and bracing for double-digit health insurance premium increases, AIM's president Richard Lord said.

Any return to the hostile business climate of a decade ago could hamper the state's ability to pull out of recession, he said.

"I absolutely think it would send absolutely the wrong message if they revisited additional taxes at this time," Lord said.

It's too early for a hard-and-fast tax plan to have materialized on Beacon Hill, which resembled a ghost town yesterday after a two-day, end-of-session legislative marathon.

But the tax signs were percolating as the session ended, with senators complaining they wanted a bigger tax-hike from the outset, and House leaders saying they're open to considering every option.

Senate President Thomas F. Birmingham, a gubernatorial candidate who has called for further taxes, was disappointed that lawmakers couldn't restore more than $70 million of Swift's $355 million in vetoes.

Anxious to campaign full-time, Birmingham added he's relieved to have a budget that's only a month late and that's balanced - for now.

"We will address any shortfalls that occur," Birmingham said. "We're capable of doing that. We've done it again and again."

But the relief could be short-lived. With late news that July revenues plunged $50 million, the newly minted budget already appears to be sinking in red ink - with few reserves left as a buffer.

That raises the specter that lawmakers could be forced to break from the campaign trail to make further program cuts, said Massachusetts Taxpayers Foundation senior analyst Cam Huff.

"We're right on the edge," Huff said. "I don't think we're out of the woods yet."

Working hours past their midnight deadline Wednesday, lawmakers reinstated funds for kindergarten, retired state workers' health insurance, community health centers and a few other select programs.

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The Boston Herald
Friday, August 2, 2002

A Boston Herald editorial
Pols leave a mess, warped priorities

The Legislature's spending priorities are so far out of line with common sense as to defy belief.

Case in point: Despite repeated warnings that drastic cuts in Medicaid reimbursements to pharmacies would cause many to leave the program, thus precipitating a crisis in the system, legislators barreled ahead with their plan. No negotiations, no debate, no nothin'. The governor - faced with finding the estimated $60 million in "savings" elsewhere - acquiesced and did not veto the new and far lower reimbursement rates.

But acting Gov. Jane Swift obviously didn't know you can't strike a deal with the devil and still end up on the winning side.

So before they high-tailed it out of town, legislators managed to "restore" some $70 million in vetoed items. Yes, that would have been more than enough to end this crisis at the drugstore counter. But that wasn't what legislators had in mind. No, they clearly had other priorities and those priorities included pandering to some of their favorite interest groups.

State workers and retirees, for instance. Heaven forbid that higher paid state workers (those making over $35,000) should pay more than 15 percent of their health insurance premiums. And for years retirees have benefitted from a bonus originally intended to help them pay for supplemental health plans (Medicare part B). Today they get the health plans and the bonus - all courtesy of us taxpayers. The two items restored to the budget Wednesday night added $38 million.

Earmarks for special state police patrols at beaches and shopping malls - a favorite bit of pork doled out by legislators - added another $2.3 million.

Then legislators restored $27.9 million for full-day kindergarten programs.

All of this would not, of course, be so appalling if it weren't for the fact that legislators had opted to balance the budget on the backs of Medicaid recipients and the pharmacies that serve them.

So while lawmakers have left Beacon Hill, they have left behind a huge - and needless - mess. The governor's office has urged the chain pharmacies to behave like "good corporate citizens" and at least give them a chance to hold hearings and sort through options. They should. To do otherwise is to risk a public relations nightmare.

But it then behooves legislators to help sort out what is the proper reimbursement level - was it too high before? Is it too low now? Is the middle ground proposed by gubernatorial candidate and minister-without-portfolio Robert Reich a workable figure? This, of course, is a discussion that should have taken place months ago - not after the fact.

And if it takes a special legislative session to clean up the mess, then so be it.

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The Boston Globe
Friday, August 2, 2002

Swift sets accord with pharmacies on Medicaid rate
By Chris Reidy, Globe Staff and Chris Tangney, Globe Correspondent

Averting a crisis that could have left thousands of the state's poorest citizens without access to prescription drugs, Acting Governor Jane Swift reached a temporary agreement yesterday under which the state's three largest drugstore chains will continue to fill Medicaid prescriptions.

The chains and some independents pharmacies were preparing to exit the Medicaid business in Massachusetts after Swift signed into law on Monday a measure to slash the reimbursement rates they receive for Medicaid prescriptions. According to many pharmacists, the new rate was insufficient to help cover the costs of doing business.

Under the agreement, the state will continue to reimburse pharmacies for Medicaid prescriptions at a current, higher rate until Oct. 2. CVS Corp. and Walgreen Co. immediately said they would continue filling Medicaid prescriptions. The third chain, Brooks Pharmacy, had no comment yesterday but was also expected to continue filling Medicaid orders.

Meanwhile, the state has scheduled a Sept. 5 public hearing that will re-examine the reimbursement issue. Swift said a new rate will be announced Oct. 2 and applied retroactively to cover prescriptions filled in the interim.

The state also will require pharmacies to give 30 days notice before withdrawing from the Medicaid program.

Brooks, CVS, and Walgreen fill about 60 percent of the prescriptions for the state's 900,000 Medicaid recipients.

"We are avoiding the real possibility, that was becoming a reality, that tens of thousands of our neediest citizens would be denied access to necessary drugs," Swift said of the agreement with the drugstore companies.

The Swift administration's stance on whether it could freeze Medicaid pharmacy reimbursement rates has changed over the course of this week. On Tuesday, Robert Gittens, Swift's secretary of health and human services, said the reimbursement rate contained in the state budget took effect Monday and could not be postponed. The administration subsequently backed away from its statement that the rate took effect on Monday and yesterday Swift froze the rate temporarily.

Facing a revenue shortfall, the state was desperate to cut costs, and one of many reductions in its new budget was the measure to trim Medicaid reimbursement rates. That rate cut, which would have saved the state an estmated $60 million a year, was approved without a public hearing.

According to Carmelo Cinqueonce, executive vice president of the Massachusetts Pharmacists Association, pharmacists are confident that they can demonstrate that the proposed lower rate would mean that many drugstores could no longer afford to be in the Medicaid business.

"We are certainly pleased with the governor's action," Cinqueonce said. He added that a public hearing "is what we have wanted all along. It was unfortunate the governor's earlier failure to act placed such anxiety on Medicaid patients."

The lower reimbursment rate, Cinqueonce said, would have been especially harmful to independent drugstores, which lack the size of a large chain to absorb smaller fees. "Many independents would have been driven out of business," he said.

But House Speaker Thomas M. Finneran has argued that under the current Medicaid reimbursement rates, some drugstores have profited at taxpayer expense.

In a statement released after the agreement was reached yesterday, Finneran did not comment directly on the temporary resolution, saying only that, "As the largest customer of prescription drugs in the state, spending more than $1 billion annually, our goal remains to maximize value to the taxpayer."

Under the current rate, pharmacists are reimbursed for Medicaid prescriptions at a rate that is 10 percent above the so-called wholesale acquisition cost of a drug. Under the lower rate that has been temporarily frozen, pharmacists would have been reimbursed at 2 percent below that amount.

One source of controversy is how wholesale acquisition cost is calculated. Critics charge that some pharmacists actually pay less than the wholesale acquisition cost when they buy drugs, with the result that under the current reimbursement rate they are making a large profit.

In addition to the reimbursement rate, pharmacists receive a $3 dispensing fee for each Medicaid prescription that they fill. Pharmacists contend they need such fees to help cover their costs of doing business - paying rent, utility bills, and salaries.

Pharmacists both large and small expressed relief over the agreement reached yesterday with the Swift administration.

CVS, the drugstore chain based in Woonsocket, R.I., which operates 299 pharmacies in Massachusetts, said in a statement: "We are pleased that Governor Swift has decided to freeze Medicaid rate cuts until this issue has been fully examined in a public hearing. In response to the governor's welcome action, CVS will continue to serve Massachusetts Medicaid customers pending the final resolution of this matter. The governor's announcement means that CVS has suspended its decision to stop serving Medicaid customers on Aug. 19."

Illinois-based Walgreen, which operates 90 pharmacies in Massachusetts, also will abide by the agreement, spokesman Michael Polzin said. Brooks did not respond to several telephone calls seeking comment.

Just over a thousand drugstores operate in Massachusetts; about 220 of them are independently owned, according to the Massachusetts Pharmacists Association.

Mike Reppucci, owner of Inman Pharmacy in Cambridge, said he gets about a third of his business from Medicaid prescriptions. He said he and other independent pharmacists were "happy" that the reimbursement issue will be reviewed in a public hearing process.

A hearing, he said, will give government officials "a chance to consider the issue and think about it before taking action."

Bruce Mohl of the Globe Staff contributed to this report

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Associated Press
Friday, August 2, 2002

Voter initiatives die at the Statehouse door in Massachusetts,
the cradle of liberty

By Justin Pope

BOSTON - More than 200 years after citizens dumped tea in the harbor and took up arms in defense of liberty, the cry of tyranny is being raised again in Boston - this time against the people's elected representatives.

The state Legislature devoted much of the session that ended Wednesday to trying to quash citizen initiatives, prompting the newspapers to caricature the House speaker as an autocrat with a scepter and crown.

Lawmakers in the cradle of democracy ignored voter mandates to roll back the income tax [and implement charitable deductions], balked at funding a Clean Elections law, and refused to vote on whether to put a measure banning gay marriage on the 2004 ballot, even though supporters had collected 130,000 voter signatures.

Massachusetts voters can pass ballot initiatives, but only the Legislature can put up the money needed to carry them out.

To many, voter initiatives are a foolish way to make laws, and some legislators consider it their duty to serve as a check on the passions of the people.

"While we have a responsibility to the voters who voted for the referenda, we also have a responsibility to the voters who want a good education system and good roads and want government to run," said Rep. Dan Bosley, a Democrat from North Adams. "Do we do the popular thing, or do we do what we think is right based on the knowledge that we have, which may indeed be a little more sophisticated than what the general public has?"

This year, more than any other in recent memory, legislators trusted their own judgment, saying a $600 million revenue shortfall made voter-approved initiatives like tax cuts impossible. The budget passed by lawmakers could cut health insurance for 50,000 unemployed and homeless people.

But critics say the Legislature went overboard, taking advantage of a weak governor and undermining a citizen initiative process adopted in 1918 to check the power of a Legislature once dominated by a tight circle of Yankee elites.

"They've become so much out of touch with real people, and they despise us so much and the process that lets us interfere," said Barbara Anderson, whose group Citizens for Limited Taxation campaigned for a ballot measure to roll back the income tax in stages from 5.95 percent to 5 percent.

Voters approved the measure in 2000, but the Legislature essentially refused to put the final cut into effect this year and froze the rate at 5.3 percent.

The most controversial standoff came over the Clean Elections law, passed by voters in 1998, that makes taxpayer money available to candidates who agree to limits on their spending and fund-raising. The Legislature refused to release the necessary money.

Lawmakers claimed that the law diverted money from worthier causes and that taxpayers should not have to help candidates they do not like. Clean election supporters countered by saying incumbents are just afraid of competition.

The dispute provoked a constitutional crisis - and much ridicule - when the state's highest court ordered Statehouse office furniture, vehicles and land auctioned off to pay for the law. The Legislature eventually agreed to fund it for a year.

Then the Legislature refused to put the gay marriage ban on the ballot.

Few thought the measure would pass. But "whether one agrees with these propositions or not, if people go out and get the signatures, it seems to me they ought to be entitled to a vote," said former Gov. Michael Dukakis, now a politics professor at Northeastern University.

Dukakis recalled a different era, when legislators actually trimmed their own ranks at the voters' behest, cutting the Legislature from 240 members to 160 in 1979.

"That was not an easy vote, if you're looking at one's colleagues and one-third of them aren't going to be there," he said.

Such a thing seems unimaginable today. There are various theories about what has changed.

There are now veto-proof Democratic majorities in both houses, opposed only by Republican acting Gov. Jane Swift. The state is in a budget crisis. And there is also House Speaker Thomas Finneran, who led the charge to derail Clean Elections. He has been drawn on editorial pages as a monarch and has been accused by some of ruling the House with an iron fist.

The Boston Democrat did not return calls seeking comment.

Massachusetts is one of the few Eastern states to have ballot initiatives; the others are mostly out West.

Pamela Wilmot, acting director of the group Common Cause, acknowledged voter initiatives do not always produce good laws. But she said: "It's their government, their right to make mistakes."

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