The Morning Call (Sunday)

Insurers fuel campaign of key legislator

Chair of Pa. House Insurance Committee says she isn’t influenced by donations

- By Ford Turner The Morning Call

State Rep. Tina Pickett, whose position in Harrisburg gives her enormous say-so over what happens to proposed insurance laws, has more cash in her political campaign account than any of her 201 colleagues in the House thanks in large part to the insurance industry.

A review by The Morning Call of hundreds of campaign finance reports showed Pickett’s $268,546.49 cash balance in late May was inflated by a years-long influx of insurance industry cash that began when Pickett became chairwoman of the House Insurance Committee in 2013.

“The representa­tive’s numbers are staggering,” said Douglas Heller, an insurance industry expert with the Consumer Federation of America, an associatio­n of nonprofit consumer organizati­ons that carries out research and advocacy.

The newspaper’s review showed the balance in Pickett’s campaign account on May 18, the end date of the state reporting period just before the primary election, was tops among all House incumbents. In the subsequent period the most recent for which records are publicly available Pickett’s total increased slightly but still led all 202 House members.

At least $170,350 in contributi­ons or more than 54% of the overall total made to Pickett’s campaign between her Sept. 25, 2013, assumption of the Insurance Committee chair and the May reporting date came from insurance industry political action committees or people tied to the industry.

Experts say such big contributi­ons are made to curry favor.

One insurance group that

gave more than $12,000 has even called Pickett the “lead architect and champion” for the industry.

“There is no coincidenc­e that the chairperso­n suddenly is lavished with incredible amounts of campaign cash. Because, with this position, she has the powerto move forward consumer protection­s, or stop them, and move forward industry interests or stop them, and that is a lot of leverage,” Heller said.

Surprise billing

There is a connection between the sort of big insurance contributi­ons that go to Pickett and lawmakers’ failure despite years of effort to stop much-detested “surprise” health care bills that hit consumers with unanticipa­ted charges, according to Nijmie Dzurinko.

Dzurinko is co-founder of Put People First! PA, a group that wantsto create a state-level public health care advocate position free of influence and political cash.

She described the connection as “between the massive power these companies hold over our state, and our Legislatur­e.” According to Dzurinko, there are hundreds of other examples of how the economic power of wealthy industries translates into political power at the expense of average citizens.

“There has been a lot of bipartisan capitulati­on to the insurance industry,” she said.

Pickett, however, said the money does not influence her work on the Insurance Committee. The Bradford County Republican called the idea of a connection between her campaign contributi­ons and the lack of a law banning surprise bills “completely untrue.”

She was prime sponsor of a proposed law meant to address the surprise charges, but it drew criticism from physicians groups as giving too much power to the insurance industry.

In a January op-ed piece, Dr.

Nirag C. Jhala, president of the Pennsylvan­ia Associatio­n of Pathologis­ts, criticized the legislatio­n, saying it would do more harm than good.

“If that bill passes, private health insurers will be able to control medical charges, which has significan­t potential to weaken the health care delivery system,” Jhala wrote.

Pickett said work on the surprise billing issue is still underway, and rejected any notion that she would favor insurers over businesses or consumers.

She said observers would be pretty hard put to find an example of that in her record, and she is “far heavier” on voting in favor of businesses than for insurance companies.

Told of the 54% figure, Pickett said that as a veteran Republican committee chairperso­n, there is an expectatio­n that she raise money to help the Republican caucus and other Republican lawmakers with their campaigns.

Her campaign committee records show it made a $25,000 donation to the House Republican campaign committee last year.

“I don’t mind that,” she said of contributi­ng to other campaigns. Politicall­y, she added, “You have an obligation to help others.”

Insurance contributi­ons

The newspaper reviewed all contributi­ons of $250-plus that were made to Friends of Tina Pickett, her campaign finance committee, and listed in statefiled reports dating back to 2007.

No contributi­ons from political action committees for Allstate, Liberty Mutual and other large insurance companies appeared until after she became chairwoman of the committee.

After that, among 30-plus insurance-related entities that have donated to Pickett, political action committees for Nationwide, Erie Insurance, Aetna and Cigna contribute­d $12,000, $12,000, $12,000 and $11,000, respective­ly.

The largest industry-related donor was the Pennsylvan­ia Insurance PAC, tied to the Philadelph­ia-based Insurance Federation of Pennsylvan­ia, which gave $25,050.

The second-largest total, $12,300, came from the political action committee for the Pennsylvan­ia Associatio­n of Mutual Insurance Companies. It was PAMIC that called Pickett a “champion” of the industry in a flyer for a fundraiser early this year.

“As chairwoman, she has the responsibi­lity to determine what legislatio­n gets voted on,” said PAMIC President Ron Gallagher, whose organizati­on represents 120 active insurers in Pennsylvan­ia. “She plays a very critical role in this highly regulated industry.”

Election campaigns are not publicly funded, Gallagher noted, and private contributi­ons from a variety of givers are the fuel that runs the process.

The donation total to Pickett, he said, was enhanced by the fact she has led the committee for so long.

“We are exercising the same right as any individual­s,” he said. “We are a bipartisan PAC. We give to both parties.”

Pickett said PAMIC may have gone overboard when it used the word “champion.”

Many members of the trade associatio­n are rural, like Pickett’s home area, and she said that might foster the portrayal of kinship. Andshesaid the word“architect” used by PAMIC implies that she builds or designs legislatio­n, and she said she does not do that.

Her duty as chairwoman of the committee, she said, is to bring fully vetted insurance bills to the House floor.

The process, she said, brings together stakeholde­rs with competing financial interests.

On a particular bill, they might include insurance companies, hospitals, doctors, patients, pharmaceut­ical companies, and trial attorneys.

Shesaid her approach is to hold nonpublic “roundtable” sessions to air out issues in the proposed legislatio­n.

Thefirst roundtable onanissue “is a shouting match and I kind of have to referee,” she said.

‘Uncomforta­ble’ part of democracy

The insurance industry donations are completely legal under the existing system.

Lynda Powell, a professor of political science at University of Rochester and author of a book on campaign contributi­ons in state legislatur­es, said observers cannot conclude that just because a lawmaker receives money from a donor, the lawmaker is influenced by the donor.

But, she said, groups that give money to lawmakers tend to get better access to themthangr­oups that don’t.

Powell said she could not comment specifical­ly on the Pickett scenario, but she called the pattern common nationwide: Lawmakers who have oversight of particular industries tend to get donations from those industries.

“It is an uncomforta­ble thing in a democracy,” Powell said. “But the legislator­s themselves are living in a system that is structured that way.”

Joanne Doroshow, co-founder of the Americans for Insurance Reform coalition that among other things seeks to control skyrocketi­ng insurance rates, said scrutiny of campaign contributi­ons is particular­ly important now. Insurance industry money, Doroshow said, might be a key to survival for thousands of small businesses unable to operate

operate normally during the COVID-19 pandemic.

“It doesn’t seem someone who has taken such a lot of money, in power like that, is going to help businesses,” Doroshow, who also is executive director of the Center for Justice & Democracy at NewYorkLaw­School, said after learning of industry contributi­ons to Pickett. “And that is going to be very devastatin­g to the economy of the state.”

‘Juice committees’

Heller, of the Consumer Federation of America, said lawmakers who handle insurance industry legislatio­n are in a somewhat unique position.

All insurance regulation happensat the state level, andvirtual­ly nothing is doneat the federal level, he said.

Hence, the power of state lawmakers over the industry is magnified— compared with their power over other industries — and the flow of money reflects that, according to Heller.

State-level insurance committees, Heller said, are sometimes called “juice committees” because “you can squeeze a lot of campaign cash out of that industry if you are on that committee, and particular­ly if you are the chair.”

Pickett attributed her House-leading cash balance to her status as a veteran, 20-year memberofth­eHouse, her seniority among members and her approach to preparing for election campaigns.

All House members must run every two years.

“I kind of like to be prepared,” she said. But if she doesn’t feel her own reelection is driving a need for the cash in her campaignac­count, she said she is ready to help other Republican candidates.

Doroshow said the dynamic of big insurance industry checks going to political campaigns of industry-influencin­g politician­s isn’t unique to Pennsylvan­ia.

In general, she said, the industry is

“poorly regulated” at the state level, with California being the only state with strong regulation­s.

“They are allowed to get away with this because there is little accountabi­lity,” Doroshowsa­id. “Theinsuran­ce industry pretty much gets away with anything it wants.”

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