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Corporate lobbyists don't have to spend money on these congressmen --
Sen. Judd Gregg and Sen. Bill Frist
are personally invested in companies that depend on their votes.
Drug Deals
His stock in Bristol-Myers Squibb has gone nowhere but up.
by Jeff Shear
Big contributions aren't the only way money can sway
members of Congress. Consider the member who owns substantial stock in a company
but sits on a subcommittee that oversees that corporation's business practices.
How is a constituent to know whose interests the member puts first?
Take Republican Sen. Judd Gregg, for example, a tall, flinty Yankee and the
former governor of New Hampshire. As of his last financial disclosure statement,
in 1995, Gregg owned between $100,000 and $250,000 of stock in Bristol-Myers
Squibb. To date, the pharmaceutical company's chairman emeritus, Richard L. Gelb
(#400),
has not given Gregg a penny for his upcoming 1998 Senate race, and
Bristol-Myers' PAC has given him only $1,000. But Gregg's ownership of so much
Bristol-Myers stock means legislation that benefits the company also benefits
Gregg.
Gregg proved himself a strong advocate for the pharmaceutical industry in the
104th Congress. A case in point is the FDA Export Reform and Enhancement Act of
1995. The failed legislation would have enabled pharmaceutical firms --
including Bristol-Myers -- to sell drugs lacking FDA approval in other
countries. (Incidentally, at least two of the bill's co-sponsors in the House
also owned significant stock in pharmaceutical companies.)
The fate of the bill in the Senate, however, rested largely on Gregg, the
chairman of the Labor and Human Resources Subcommittee on Aging, which had
jurisdiction over the measure. What's more, Gregg was the Senate's chief deputy
whip, the No. 3 man in control of Republican votes. But although he held
hearings on the bill, Gregg could not drive the measure to the Senate floor for
a vote.
Undaunted, he used his seat on an appropriations subcommittee to attach an
amendment onto last year's appropriations bill that served the same purpose as
the failed bill, enabling drugmakers to export products that have yet to pass
FDA muster. The amendment carried without debate and became law in April 1996.
Over the next 10 months, Bristol-Myers stock soared 65 percent, from $82 a
share to $136 a share. Although Gregg has not yet disclosed his 1996 stock
holdings, his staff has given no indication that he sold any of his
Bristol-Myers stock. If he has kept it, his stock increased in value by between
$60,000 and $150,000 during those 10 months.
Gregg's aides take offense at even the suggestion that there might be a
conflict of interest. Arguing that this was a "jobs" measure to keep the firms
from moving their manufacturing offshore, they point out that Sen. Ted Kennedy
(D-Mass.) co-sponsored the amendment and that the earlier bill had passed from
committee on a 16-0 vote. Although Gregg's staffers claim the senator undertook
his legislative effort on behalf of his constituents, they cite only one small
New Hampshire drug firm that expressed interest in the legislation.
Amazingly, there is no law or congressional rule requiring -- or even
recommending -- that members of Congress recuse themselves from legislation or
subcommittees that have a direct impact on their major stock holdings. The main
check on such conflicts of interest lies with voters. "Members have to account
to their constituents through financial disclosure," says Ellen Weintraub,
former counsel to the House Ethics Committee. "That's public information. If
there's a conflict the member can't defend, that could become a political
problem."
Frist Aid
This senator handles his family company's legislative prescriptions.
by Robert Dreyfuss
Some companies hire lobbyists to work Congress. Some
have their executives lobby directly. But Tennessee's Frist family, the founders
of Columbia/HCA Healthcare Corp., the nation's largest hospital conglomerate,
has taken it a step further: They sent an heir to the Senate. And there, with
disturbingly little controversy, Republican Sen. Bill Frist has co-sponsored
bills that may allow his family's company to profit from the ongoing
privatization of Medicare.
The senator's father, Dr. Thomas Frist Sr., was a founder of Columbia/HCA,
the country's biggest chain of for-profit hospitals, a $20 billion health care
empire that includes 340 hospitals, 135 outpatient surgery centers, and 200 home
health care agencies in 38 states. The family has spent lavishly on political
campaigns for years. Patricia C. Frist -- wife of Bill's brother, Columbia/HCA
vice chairman Tommy Frist Jr. -- won herself a place on this year's Mother Jones
400 list (see #326)
by giving $100,000 in soft money to the Republican National Committee. Add in
PAC and coordinated executive donations, and the company's largesse comes to
more than $360,000 just for 1995-96 -- not including campaign contributions from
other family members.
But the Frists' ace in the hole is Bill, whose finances depend directly on
Columbia/HCA's success. In 1994 Sen. Frist disclosed that his personal fortune
of $20 million included more than $13 million in Columbia/HCA stock.
Frist is an outspoken advocate for giving Medicare recipients more "options"
-- options that could direct billions of Medicare dollars to Columbia/HCA. In
January, Frist, along with Sen. Jay Rockefeller (D-W. Va.), introduced a bill
that would for the first time allow hospitals and doctors to join together as
private entities that could contract with Medicare. That would enable these
so-called provider-sponsored organizations (PSOs) to compete directly with HMOs
for Medicare patients. Not surprisingly, Columbia/HCA stands to make a tidy
profit from the new business.
Frist also opposes a White House plan that would save Medicare $6 billion by
reducing payments to HMOs and, if approved, PSOs as well. According to various
recent studies, the government is overpaying HMOs for Medicare patients by at
least 5 to 7 percent. But even though he acknowledges that HMOs are being
overpaid, Frist argues, "That might be a good thing. It will attract more
managed care companies into the market and drive prices down."
Frist is not troubled by his apparent conflict of interest. "Everybody knows
my background, where I come from, and the hats that I wear," he says. "Sure it
could become an issue. Some may want to make it an issue." But Frist adds,
"There is a stone wall that comes between any [PAC] money that I get or
interests that I have, and what I do here."
Over the past several years, Columbia/ HCA has swooped in and purchased
scores of hospitals in states from Florida to California. According to a 1996
New England Journal of Medicine article, what follows when Columbia/HCA
takes over is less charity care, the replacement of senior health professionals
with less experienced (and less expensive) workers, and the risk of lower
quality service as profit supersedes care. In late March, federal investigators
from the FBI, IRS, and Department of Health and Human Services seized files from
several Columbia/HCA facilities in El Paso, Texas. As Mother Jones went
to press, the government had not yet announced the scope and purpose of the
investigation. According to the Houston Chronicle, investigators were
looking for evidence that doctors were being paid to refer patients to
Columbia/HCA facilities.
DISCLAIMER: All
information, data, and material contained, presented, or provided here is for
general information purposes only and is not to be construed as reflecting the
knowledge or opinions of the publisher, and is not to be construed or intended
as providing medical or legal advice. The decision whether or not to vaccinate
is an important and complex issue and should be made by you, and you alone, in
consultation with your health care provider.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"