Health law soon 51-vote-immune

GOP ability expires in weeks

WASHINGTON -- The Senate parliamentarian told lawmakers that Republicans' ability to pass a replacement of the Patient Protection and Affordable Care Act with just 51 votes expires at the end of this month, Sen. Bernie Sanders said Friday.

The preliminary finding complicates any further efforts by Republican leaders in Congress to pass a comprehensive, GOP-only replacement for the health care law.

In a statement, Sanders, a Vermont independent, called the determination a "major victory" for those who oppose repealing the 2010 health care law.

Senate Republicans, who control the chamber 52-48, failed to win enough support for a replacement in July as three GOP lawmakers joined Democrats to oppose the measure. Republican leaders haven't ruled out reviving their effort, and some party members -- including Lindsey Graham of South Carolina, Bill Cassidy of Louisiana and Ted Cruz of Texas -- have said they're talking to colleagues about a possible broad-based bill.

At the same time, some senators are discussing a scaled-back, bipartisan health measure. It takes 60 votes to overcome a Democratic filibuster, and Democrats are united against a full replacement of the health care law.

The Senate health committee has scheduled four hearings this month to examine bolstering the Affordable Care Act's insurance exchanges after a number of insurers exited regional markets in Missouri, Iowa, Tennessee and other states. Chairman Lamar Alexander, R-Tenn., and the panel's top Democrat, Patty Murray of Washington, have pledged a bipartisan effort to shore up the exchanges, which provide consumers a place to purchase individual coverage.

Earlier guidance from Senate Parliamentarian Elizabeth MacDonough dogged Republicans in their health law replacement effort throughout the summer. In late July, she issued a preliminary finding that key parts of a proposal drafted by Senate Majority Leader Mitch McConnell didn't qualify for the fast-track procedure, dramatically complicating the already slimming prospects of passing a bill.

The parliamentarian's new finding doesn't preclude Republicans in both chambers from seeking to restore the ability to use a 51-vote majority for a health law repeal in the next fiscal year, which starts Oct. 1.

The House Budget Committee has drafted a fiscal-2018 budget that could be used for both repealing the health law and overhauling the tax system. That budget may come to the floor in mid-September, and the Senate Budget Committee hopes to release its version in the coming weeks.

A Section on 09/02/2017

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