State releases records for lawmaker health premiums

A state agency turned over documents to The Tennessean on Friday morning detailing health insurance premiums paid for lawmakers, but the actual amount spent covering medical care for the part-time jobs has yet to be released.

Tennessee has paid $5.8 million since 2008 in premiums, while the cost for the lawmakers for the coverage was $1.4 million during that period.

The Tennessean requested the documents after lawmakers receiving state-subsidized coverage voted against Gov. Bill Halsam's Insure Tennessee proposal. Insure Tennessee would have helped working people who can't afford medical insurance buy into their employer-sponsored plans and would have expanded Medicaid coverage for poor people. Insure Tennessee would have been paid for with federal tax dollars Tennesseans are already paying and with money from the Tennessee Hospital Association.

Gov. Bill Haslam in a statement Friday said the health insurance coverage is a "benefit that legislators earn and deserve as part of their service to the state."

"Since February, media outlets have made several open records requests involving health insurance coverage for legislators. According to Tennessee's open records law, the state had no choice but to turn over the information that was requested," Haslam said in the statement. "It is important to note, those requests have not involved legislators' personal, private medical information.

"We have been communicating with legislative staff since early February to make sure they were aware of these requests and the information we've been required to make public. We are not obligated legally nor do we have any intention to turn over legislators' personal, private medical information."

The Tennessean is not seeking information about specific medical procedures or conditions - only the cost to provide the health insurance for lawmakers.

State Sen. Todd Gardenhire, R-Chattanooga, who helped defeat the governor's proposal, earlier this year denied being signed up for the health benefits. But records released Friday show he is getting taxpayer-subsidized state insurance.

Gardenhire has since said he has asked to withdraw from the state lawmaker health plan. The Tennessean earlier this year asked for documentation on the withdrawal, but the senator did not provide any records. On Friday, Connie Ridley, director of legislative administration for the state, said by email that Gardenhire completed and filed the paperwork to drop from the plan on Feb. 9.

But Ridley said that actuaries "forecast cost and premiums based on the entire risk pool and a full year of premiums."

"As such, the Senator cannot be removed in the Edison benefits system until the open enrollment period in the fall of 2015 with the closing of a full year," Ridley said.

Tennessee taxpayers picked up $30,924.91 in insurance premium costs for Gardenhire and his family members since 2013. The records show that the legislator had his family on Tennessee coverage, but this year changed to employee only. He has paid a total of $6,888.38 in insurance premiums.

Gardenhire had coverage for himself, a spouse and children in 2012 and 2013. In 2014, he changed to having coverage for just him and a spouse. For 2015, his coverage was listed as employee only.

Carol Westlake, executive director of the Tennessee Disability Coalition, said people denied health coverage by lawmakers are providing it for legislators.

"Hundreds of thousands of Tennesseans, including many with disabilities, work part time jobs that don't provide access to any health insurance coverage," Westlake said. "As taxpayers, these individuals contribute to the quality subsidized insurance for our part-time legislators and their families. These taxpayers were were denied access through Insure Tennessee by those who they are subsidizing."

Ben Cunningham, president of the Nashville Tea Party, said the debate over lawmaker health benefits is a sideshow to a bigger issue.

"I think among conservatives there is this suspicion that the reporting and the editorial approach are kind of merged here and that it is an effort by The Tennessean to push Insure Tennessee," Cunningham said. "This information, while interesting and relevant and germane to public policy, is not germane to the Insure Tennessee debate."

Several lawmakers tried to stop the release of how much money the state spends on their individual health premiums. They argued the release of the information would violate privacy laws.

Rep. Rick Womick, R-Rockvale, sent an email this week asking fellow lawmakers to support "a potential injunction" to stop the release of health benefit information, had not returned a telephone call to The Tennessean as of Friday afternoon.

In a news release Thursday, House Republican Caucus Chairman Glen Casada, R-Franklin, said releasing the records was a violation of the law.

Larry Martin, the commissioner of the state Department of Finance and Administration, wrote a letter to lawmakers saying that the information requested by The Tennessean wasn't subject to federal health privacy rules.

"Therefore, because the information requested is not protected under the state open records law, we were required to release the information," Martin said.

Michele Johnson, executive director of the Tennessee Justice Center, a nonprofit legal firm that advocates for access to health care, said many families go without the type of benefits lawmakers receive.

"Legislators appreciate how important health coverage is for their families, and the insurance we taxpayers provide for them gives them financial security and peace of mind," Johnson said. "It is disappointing that they can't appreciate how waitresses, construction workers, students and home health aids in this state deserve this same peace of mind for their families."

The Tennessee Health Care Campaign issued a statement about the release of the records.

"These numbers reveal a stunning hypocrisy," said Walter Davis, executive director of the Tennessee Health Care Campaign. "The loudest opponents of a legislative debate on Insure Tennessee receive as much as $93,600 in premium support for their health insurance."

Lt. Gov. Ron Ramsey's spokesman issued a statement about balancing government transparency with lawmaker health privacy.

"Everyone agrees that Tennesseans should have access to all the information to which they are entitled," said Adam Kleinheider, communications director for Ramsey. "At the same time, we need to make sure that personal and private data are not sacrificed. As we go forward, Lt. Gov. Ramsey hopes we are able to strike that delicate balance between privacy and transparency."

House Speaker Beth Harwell, R-Nashville, noted that lawmakers pay the same premium as state employees.

"AAs long as what is turned over does not reveal personal information, I understand that Open Records Laws require its release," Harwell said.

State Rep. Mike Stewart, D-Nashville, chairman of the House Democratic Caucus, issued a statement supporting the release of the premium payment amounts for lawmakers.

"It is the ultimate in hypocrisy," Stewart said. "To refuse to provide for the working poor of Tennessee, while trying to keep the insurance benefits they receive a secret illustrates their contempt for Tennesseans."

The Tennessean will continue updating this story.

Reporter Nate Rau contributed to this report.

Reach Tom Wilemon at 615-726-5961 and on Twitter @TomWilemon.

Data reflects premiums paid dating back to 2008.