EXCLUSIVE: ColoradoCare memo sent to Democratic candidates causes concern coloradostatesman.com/coloradocare-memo-sent-to-democratic-candidates-causes-concern/ By Mike McKibbin Saturday, Aug. 6, 2016 Colorado state Sen. Irene Aguilar, right, who is a physician at Denver Health, helps deliver more than 156,000 signatures to put Amendment 69 on the 2016 ballot outside the offices of the Colorado Secretary of State, in Denver Oct. 2, 2015. The group ColoradoCareYES wants to see Colorado start the nation s first universa health care plan. (Photo by Brennan Linsley, AP) The Colorado Democratic Party platform includes a provision in support of Amendment 69, the ColoradoCare initiative that would create a universal health care system for state residents. But the House Majority Project, an effort by state Democrats to help the party maintain or increase its hold on the Colorado House, recently sent a memo to the 59 Democratic candidates with talking points in opposition to the measure. The July 18 memo caused some party elected officials to express concerns about the opposing approaches from the party and candidate s stances on the contentious ballot measure. The memo was reportedly followed up with a conference call two days later to Democratic candidates, where project staff explained each candidate could decide to use or ignore the talking points. Under ColoradoCare, there would be no health insurance premiums or deductibles; all health and dental care would be paid for by the state. The program would be funded by $25 billion in income and payroll taxes. Talking points include the tax increase that would double the state budget and its impact on small businesses and families, that the Patient Protection and Affordable Care Act needs more time to help improve health care and reduce 1/5
costs and that the amendment would create a program through the state constitution that would not be easily altered if problems arise. A lobbying firm, Brandeberry-McKenna Public Affairs, was also hired by a group opposed to the amendment to try to help squash the ballot initiative, and lobbyists with the firm have been in communication with the House Majority Project. Brandeberry-McKenna lobbies for the drug industry, city and county of Denver, energy firms, Denver Metro Chamber of Commerce, Comcast, RTD, Colorado State Board of Education and Colorado Board of Education, among other groups. The Colorado House Majority Project Sean Duffy, a spokesman for Colorado Concern, said officials with Brandeberry-McKenna did contact the House Majority Project office and helped staff draft the memo in opposition. 2/5
The Brandeberry-McKenna firm s lobbying team, from left to right, Jennifer Mello, Jenifer Brandeberry, Julie McKenna and Megan Wagner. (Photo via Brandeberry McKenna) NARAL opposition concern Some Democrats are upset that the National Abortion Rights Action League Pro-Choice Colorado board of directors took a stance opposed to the amendment. On June 22, the board expressed concern that the state constitution s ban on state funds used for abortions except if the life of the baby or mother was endangered would prevent the ColoradoCare program from offering reproductive health care services. That stance is countered by a legal opinion from ColoradoCare attorney Ralph Ogden that states, in part, Health care services are not defined [in Amendment 69 s wording], but abortion services, provided by a licensed health care provider, as defined in section 2(15) of the amendment, are clearly health care services. 3/5
Nowhere does the amendment state that the board can provide payment for all health care services except elective abortions. Nor does it reference the Colorado Constitution, Article V, section 50, the article pertaining to the ban on state funds for abortions. But Ogden s opinion also notes the Colorado Supreme Court would likely have to decide the issue of using state funds for abortion services offered through ColoradoCare, if the amendment is approved by voters this fall. Lawmakers concerned over mixed message to voters The abortion issue, further aggravated by the House Majority Project memo to Democratic candidates, led to a flurry of emails from lawmakers worried about how voters might interpret the mixed messages being sent in the party platform and by its candidates running for state office. The platform committee wrote in its summary for the 2016 platform that, We reaffirm our support for universal health care for all of our residents. The party platform has long-held that health care is a human right, and this was strongly re-emphasized this year. Over 20 counties submitted resolutions to support Amendment 69 (ColoradoCare) One candidate upset about the issue, who did not want to be identified, said the memo gave candidates safe space and a reason to oppose the amendment, counter to the party platform that supports ColoradoCare. State party chairman Rick Palacio could not be reached for comment. Another concerned lawmaker is state Sen. Irene Aguillar of Denver, one of ColoradoCare s most active supporters. In a July 20 email to the project office, she wrote, I strongly disagree with the advice you have been given by the anti-amendment group. I am very concerned the Democratic party (sic) base will not come out to vote in November, Aguillar wrote. As you know, Senator Sanders won 65 percent of the caucus vote in Colorado. Many of his supporters are finally coming on board against Donald Trump. If the HMP candidates come out against A69, these party activists will be very upset. State Sen. Irene Aguilar. Aguillar also wrote that, In this campaign year, which is very anti-establishment, HMP encouraging candidates to come out against A69 will send the clear message that HMP is pro-establishment. This could be very harmful. In an interview with The Colorado Statesman, Aguillar said the memo s advice caused an unfortunate situation. Aguillar said she would rather candidates, if asked their stance, not take a position and remain neutral. 4/5
As a doctor, I d say most lawmakers themselves need a consult on the health care issue, Aguillar added. We knew there would be no Republican support for this, and we really need to have a nonpartisan discussion on the whole health care issue. But you can t get two people from different party labels to rationally discuss any issue these days. In the end, though, Aguillar and others contacted for comment said the memo probably won t make much of a difference in how voters decide the amendment. State Rep. Susan Lontine of Denver also supports the amendment and said the average voter has not seen the memo, so I m not sure it will have much affect on the chances of ColoradoCare passing. Duffy said Colorado Concern and another anti-amendment 69 group, Coloradans for Coloradans, have reached out to elected officials of both the Democratic and Republican parties to garner more opposition to ColoradoCare. When a lot of people read the details, they see there are a lot of uncertainties, Duffy added. We re reaching out to all levels to help spread the word. Even those in favor of a national universal health care program have said they re concerned with having just one state doing this by themselves and think it might harm their efforts on a national level. mike@coloradostatesman.com 5/5