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Ergonomics and Prescription Drugs Stall Senate Consideration of LHHSE Spending Bill

On June 22, the Senate began consideration of the FY2001 Labor, Health and Human Services, and Education appropriations bill (H.R. 4577). Action quickly stalled when Sen. Mike Enzi (R-WY) offered an amendment that would delay, by one year, the implementation of a final rule on ergonomics standards by the Occupational Safety and Health Administration (OSHA). The House-passed bill includes a similar provision (see The Source, 6/16/00).

Additionally, Sen. Tim Hutchinson (R-AR) offered a similar proposal as a second-degree amendment, which effectively prevented Democrats from amending the Enzi language. As a result, Sen. Charles Robb (D-VA) filed a motion to recommit the entire spending bill to the Senate Appropriations Committee with instructions to report a new bill that would contain a prescription drug benefit for Medicare beneficiaries. The motion to recommit ultimately was withdrawn.

The ergonomics and prescription drug amendments prompted highly partisan debate, which is traditionally characteristic of the Labor, Health and Human Services, and Education spending bill, and tied up Senate action for most of the day on June 22.

In the end, the Senate agreed to the Enzi amendment, but only after defeating, 44-53, a Democratic amendment on prescription drug coverage. Offered by Sen. Robb, the amendment would have created a voluntary prescription drug benefit for all Medicare benficiaries. The amendment would cover 50 percent of seniors’ prescription drug costs up to $3,500. Additionally, the federal government would cover 75 percent of the costs between $3,500 and $4,000, and 100 percent of all costs over $4,000. The amendment represented a substantial departure from other plans. Sen. John Breaux (D-LA) was the only Democrat to vote against the amendment, while Sens. Lincoln Chafee (R-RI) and Peter Fitzgerald (R-IL) were the only Republicans to vote for the amendment.

Republicans opposed the prescription drug amendment because it failed to include other Medicare reforms and because it bypassed committee consideration. “I have been meeting on a bipartisan basis in the Finance Committee, working in good faith, to come to an agreement to provide prescription drugs through Medicare. I am disappointed that my colleagues have decided to throw bipartisanship aside and offer this politically motivated amendment,” stated Sen. James Jeffords (R-VT).

Noting that seniors are in dire need of prescription drug coverage, Sen. Robb stated, “I spoke to a physician who was prescribing the drug Tamoxifen for women who had been diagnosed with breast cancer and who were Medicare-eligible. One woman was sharing her prescription with two other women who simply could not afford it—a travesty by any health care standards.”

Prior to approving, 57-41, the Enzi amendment dealing with ergonomics, Senators again engaged in heated debate over the issue. Arguing that the OSHA rule is “the largest, broadest, most onerous and most expensive rule in the history of the agency,” Sen. Enzi stated, “I have a duty to make certain that OSHA is acting responsibly, appropriately, and in the best interests of workplace safety and health. Sadly, OSHA has not done so with this proposed ergonomic rule.”

Sen. Paul Wellstone (D-MN) countered that Republicans were premature in their criticism of the rule. “When my colleague complains about the rule, let’s be clear, they have not finished the process. We do not know what the final rule is yet. But for some reason, my colleagues on the other side of the aisle are so anxious to block this basic worker protection that they already feel confident about attacking a rule that does not exist,” he stated.

After dispensing with the controversy, the Senate resumed work on the measure on June 23. A vote on final passage is not expected until the week of June 26.