And if only it ended there: There is direct precedent from HHS stating that such a prohibition violates free speech.
Let's start here. Who issued the gag order? Jonathan Blum, acting director of a regulatory office in the Centers for Medicare and Medicaid Services (CMS). The connection between Mr. Blum and Sen Baucus? Mr. Blum happens to be a former senior aide to Mr. Baucus and a health adviser on the Obama transition team. Additionally, Baucus has been at the center of pressure tactics against both allies and opponents of Dems’ health bills this year.
Further, Republican Senate leaders discovered a letter HHS sent in 1997 saying that a prohibition on an insurance company from communicating with its members about proposed legislation “would violate basic freedom of speech and other constitutional rights of the Medicare beneficiary as a citizen.” Read it all, but if you like, jump to the last paragraph on page 4 - you all want to communicate with your members about pending legislation, just slap a disclaimer on it.
What did Sen. Baucus by and through Mr. Blum do instead? Issued a gag order - to all critics. AARP is in the same substantive position as Humana, but is not subject to the gag order.
Citing that letter, Sen. McConnell, along with Sens. Kyl, Alexander, Thune, Murkowski, Cornyn, Grassley, and Enzi sent a letter to Secretary of Health and Human Services Kathleen Sebelius saying, “Until your department rescinds its gag order and allows seniors to receive information about matters before Congress, we will not consent to time agreements on the confirmation of any nominees to your department or associated agencies.” That seems fair, doesn't it?
Here’s an AP story that just came out on the letter.
It seems that the Chicago Persona has permeated more than just the White House.
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