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GOP challenges favors given to ensure Senate passage of healthcare reform bill

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When the healthcare bill finally clears the Senate and heads into conference committee, some of the touchiest issues will involve special language given to key senators to win their votes.

At the top of the list will be the so-called Medicaid carve-out given to Nebraska to get the vote of Sen. Ben Nelson, the last Democrat to come on board, giving Democratic leaders the 60 votes they needed to pass the legislation.

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In essence, the federal government will pay the state’s share for the expansion of Medicaid in Nebraska, giving that state an edge. Most states, already financially hard-pressed would like the same benefit, Republicans have repeatedly charged in the final days of debate.

This morning, the GOP picked up its campaign when South Carolina Atty. Gen. Henry McMaster, a candidate for governor, said he and nine Republican counterparts are taking a look at whether the Nebraska provision was constitutional and whether it could be expanded to cover the other states.

“The Constitution says that spending power must be exercised in a reasonable way and not be arbitrary or capricious,” he said on MSNBC. “This is not a one-time expenditure. It is something that goes on indefinitely at expense of other states.”

McMaster argued that giving a favor to one state instead of all “could make it unconstitutional.’

“It is just outrageous and is causing concern around the country,” he said.

Nelson defended the provision on the Senate floor on Tuesday, saying he didn’t seek any special carve-out for Nebraska and hoped all states would get the same help.

The payments to Nebraska are just part of the actions needed to turn the legislative wheels. Just to get the bill to the floor, Sen. Mary Landrieu (D-La.) successfully fought for language and funds for her state.

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Other states, including Montana, North Dakota and South Dakota, received extra Medicare funding. And money was inserted for community health centers to help win over Sen. Bernie Sanders (I-Vt). Sen. Max Baucus got funds to help people in Libby, Montana, cope with the health effects from asbestos contamination.

Also in the bill is $100 million that could go to a new hospital, which might help Sen. Christopher Dodd (D-Conn.), who faces a tough reelection fight.

“If you will read the bill,” Majority Leader Harry Reid of Nevada told reporters, “you will find a number of states are treated differently than other states. That’s what legislation is all about: compromise. We worked on different things to get a number of people’s votes.”

-- Michael Muskal

Twitter.com/LATimesmuskal

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