Opinion

Stories I’d like to see

The tax man who could change the 2012 campaign

Steven Brill
Jun 26, 2012 13:00 UTC

1. The IRS bureaucrat who could upend the campaign finance money flow:

Here’s an idea for a story about an obscure government bureaucrat whose decisions could have a major impact on the 2012 elections and on the entire issue of campaign finance reform going forward.

As this article in Roll Call, the Washington weekly, reports, there is increasing controversy surrounding super PAC-like groups that fashion themselves as coming under the Internal Revenue Service’s 501(c)(4) classification as a “social welfare organization.” Under IRS rules, 501(c)(4)’s are not only tax-exempt but also don’t have to disclose their donors. This means that they can spend unlimited sums on political advertising – including corporate contributions, following the Citizens United decision – but unlike super PACs, they can do so while keeping the sources of the money completely secret.

That’s why many of the big super PACS, such as Karl Rove’s American Crossroads – which are simply non-profits that engage fully and unabashedly in political activity but must disclose donors – operate companion 501(c)(4)’s that can take undisclosed donations. In the case of Rove’s super PAC,  the companion 501(c)(4) is called Crossroads GPS.

The sole catch is that under the IRS rules, a 501(c)(4) can only spend money on political activities so long as that is not its “primary activity.”

Ads paid for by a 501(c)(4) can advocate political positions. Thus, there have been Crossroads GPS TV ads that declare, “Tell Obama: Stop the spending. Support the New Majority Agenda,” and “Senator Claire McCaskill was a key Obama adviser in passing his failed $1.18 trillion stimulus.” But these ads cannot directly urge that someone be elected or not elected. And, again, even this slightly tailored political advocacy cannot be the group’s “primary activity,” which is supposed to be “social welfare.” In fact, the IRS regulations specifically state that “the promotion of social welfare does not include the direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.”

Scoring healthcare insurers and getting campaign spending right

Steven Brill
Feb 21, 2012 13:53 UTC

1. When health insurers say no:

Like probably every other family in America, ours regularly has claims we submit to our health insurer rejected — with little or no explanation and no recourse from the company’s always-on-hold telephone hot line. Yet lately I’ve been seeing ads from health insurers projecting friendly, caring images. My favorite is the television and print campaign from United HealthCare featuring a girl who develops asthma but is shown swimming and even surfing because United, which sells insurance under the Oxford and other brands, has gotten her “specialists, lots of doctors, lots of advice…that help her pediatrician coordinate your child’s care and make sure all doctors are on the same page….” The ad trumpets United’s “more than 78,000 people looking out for 70 million Americans. That’s HEALTH IN NUMBERS,” the ad concludes.

Speaking of numbers, what percentage of customer claims for medical care or prescription drugs does United HealthCare reject? How does that compare with its competitors? Why can’t some reporters ask?

A cursory search on Google turns up little more than a 2009 Huffington Post piece reporting that: “Data on how often insurance claims are denied — and for what reasons — is collected and analyzed by the insurance companies themselves. But except in California, the companies aren’t required to provide those records to any state or federal agency.” The article quotes Karen Pollitz, a professor at Georgetown University’s Health Policy Institute, as saying: “The number is knowable, but not known by regulators or policy makers or patients.”

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