Reuters reports on a " gag order" against Humana:

Republicans, health insurers and others blasted the U.S. Medicare agency on Tuesday for what they called political interference over companies that want to directly contact customers about the impact of pending healthcare reform legislation. The Centers for Medicare & Medicaid Services (CMS), which oversees the Medicare program for the elderly and disabled as well as privately run Medicare alternatives, on Monday said it was investigating a letter Humana Inc sent enrollees about efforts to overhaul the nation's healthcare system. Humana's letter, sent in an envelope citing important plan information, told customers that Democrats' bills could hurt 'millions of seniors and disabled individuals could lose many of the important benefits and services that make Medicare Advantage health plans so valuable,' according to CMS. The agency also warned other insurers against sending potentially misleading health reform mailings to customers. 'It looks likes CMS is engaged in government intimidation, pure and simple,' Rep. Dave Camp, the ranking Republican on the U.S. House of Representatives Ways and Means Committee, said in a statement. Privately run Medicare plans, also known as Medicare Advantage, make up more than 20 percent of Medicare coverage, with more than 10 million elderly or disabled Americans choosing them over government-run fee-for-service plans. America's Health Insurance Plans, the lobbying group for Humana and other health insurance companies, called the CMS action a 'gag order.' Critics pointed to the direct intervention of Sen. Max Baucus, who urged CMS to get involved and said he welcomed the investigation of what he called 'scare tactics' by Humana. CMS announced its Humana probe before Baucus's committee began work on his health reform bill on Tuesday.

This afternoon in the Senate, Mitch McConnell and Lamar Alexander ripped Baucus and CMS (see a transcript after the jump). MR. McCONNELL: MR. PRESIDENT, I RISE TO CALL MY COLLEAGUES' ATTENTION TO A TRULY DISTURBING DEVELOPMENT IN THE HEALTH CARE DEBATE. A COLLEAGUE OF OURS -- A COLLEAGUE OF OURS HAS CALLED FOR AN INVESTIGATION INTO A MAJOR HEALTH CARE COMPANY BECAUSE THIS COMPANY INFORMED ITS CUSTOMERS OF ITS CONCERNS ABOUT HEALTH CARE LEGISLATION THAT THIS COLLEAGUE OF OURS INTRODUCED. LET ME SAY THAT AGAIN. A COLLEAGUE OF OURS HAS CALLED FOR AN INVESTIGATION OF A MAJOR HEALTH CARE COMPANY BECAUSE THIS COMPANY DISAGREED WITH A BI OUR COLLEAGUE INTRODUCED. AS A RESULT, THE FEDERAL GOVERNMENT HAS NOW TOLD ALL COMPANIES THAT PROVIDE MEDICARE ADVANTAGE TO STOP COMMUNICATING WITH THEIR CLIENTS ABOUT THE EFFECTS OF THAT LEGISLATION. LET ME SAY THAT AGAIN. THE FEDERAL GOVERNMENT HAS NOW TOLD THESE COMPANIES TO STOP COMMUNICATING WITH THEIR CLIENTS ABOUT THE EFFECTS OF A PIECE OF LEGISLATION THAT'S BEFORE US. EVEN TELLING THEM WHAT THEY CAN AND CANNOT POST ON THEIR WEB SITES. THIS GAG ORDER, ENFORCED THROUGH AN AGENCY OF THE FEDERAL GOVERNMENT AT THE REQUEST OF A CENTER, IS WRONG. IT STARTED WHEN A COMPANY BASED IN MY HOMETOWN OF LOUISVILLE, KENTUCKY, HUMANA, HAD THE TEMERITY, MR. PRESIDENT, THE TEMERITY IN THE EYES OF SOME OF OUR COLLEAGUES, TO EXPLAIN TO ITS CUSTOMERS THAT IF MEDICARE ADVANTAGE IS CUT, AS THE CHAIRMAN'S MARK REQUIRES, IT MAY REDUCE BENEFITS, WHICH, OF COURSE, IS A COMMONSENSE CONCLUSION. NOW, MR. PRESIDENT, THIS IS AMERICA, THE UNITED STATES OF A. CITIZENS, EITHER AS INDIVIDUALS OR GROUPED TOGETHER IN COMPANIES, HAVE A FUNDAMENTAL RIGHT -- A FUNDAMENTAL RIGHT -- TO TALK ABOUT LEGISLATION THEY FAVOR OR OPPOSE. IN THIS COUNTRY. THIS IS THE CORE OF THE FIRST AMENDMENT'S PROTECTION OF SPEECH. UNFORTUNATELY THIS IS PART OF A TROUBLING TREND OF EFFORTS TO DISMISS THE CONCERNS RAISED BY THE AMERICAN PEOPLE OVER THE PAST FEW MONTHS. OVER THE SUMMER, WE SAW AMERICAN CITIZENS WHO RAISED CONCERNS ABOUT THE HEALTH CARE PROPOSALS BEFORE CONGRESS DISMISSED -- ULTIMATELY DISMISSED, AS SOMEHOW UN-AMERICAN BY LEADERS HERE IN CONGRESS. THAT'S BAD ENOUGH. BUT USING THE FULL WEIGHT OF THE FEDERAL GOVERNMENT'S ENFORCEMENT POWERS TO STIFLE FREE SPEECH SHOULD TROUBLE ALL AMERICANS AND ALL OF US EVEN MORE. WE CANNOT ALLOW GOVERNMENT OFFICIALS TO TARGET INDIVIDUALS OR COMPANIES BECAUSE THEY DO NOT LIKE WHAT THEY SAY. THE LATEST EFFORT IN THE SQUELCH OF FREE SPEECH RAISES SEVERAL SERIOUS QUESTIONS. IS THIS WHAT WE'VE COME TO AS A COUNTRY? AS AN INDIVIDUAL OR COMPANY -- THAT AN INDIVIDUAL OR COMPANY CAN NO LONGER FACTUALLY ABDICATE THEIR POSITION ON AN IMPORTANT PUBLIC POLICY ISSUE? IS THIS WHAT WE'VE COME TO IN AMERICA, MR. PRESIDENT? SHOULDN'T CUSTOMERS HAVE A RIGHT TO KNOW THE POTENTIAL IMPACT OF A CONGRESSIONAL ACTION? IS THIS WHAT WE BELIEVE IN THE SENATE THAT THIS BODY SHOULD DEBATE $1 TRILLION HEALTH CARE BILL THAT AFFECTS EVERY SINGLE AMERICAN WHILE USING THE POWERFUL ARM OF THE GOVERNMENT TO SHUT DOWN SPEECH? IS THIS HOW CITIZENS AND COMPANIES CAN EXPECT TO BE TREATED IF HEALTH CARE REFORM PASSES? THAT ANY HEALTH PROVIDER THAT DISAGREES WITH A POWERFUL SENATOR WILL BE SUBJECT TO AN INVESTIGATION AND A GAG ORDER FOR DISAGREEING WITH A POWERFUL SENATOR? HOW IS THIS ANY DIFFERENT THAN "THE WASHINGTON POST" AND "THE NEW YORK TIMES" HAVE DONE IN LOBBYING FOR A REPORTER SHIELD LAW? WOULD WE STAND BY IF THE JUDICIARY COMMITTEE ASKED THE F.B.I. TO INVESTIGATE THE MEDIA FOR TAKING POSITIONS ON PENDING LEGISLATION WE DON'T AGREE WITH? OF COURSE NOT. OF COURSE NOT. HUMANNA IS HEADQUARTERED IN MY HOMETOWN OF LOUISVILLE, AND, YES, I CARE DEEPLY ABOUT ITS 8,000 EMPLOYEES IN KENTUCKY. BUT THIS GAG ORDER, MR. PRESIDENT -- THIS GAG ORDER APPLIES TO ALL MEDICARE ADVANTAGE PROVIDERS. SHUT UP, THE GOVERNMENT SAYS. DON'T COMMUNICATE WITH YOUR CUSTOMERS. BE QUIET AND GET IN LINE. I WOULD REMIND MY COLLEAGUES THAT I'VE SPENT A GOOD PART OF MY CAREER DEFENDING THE FIRST AMENDMENT RIGHTS OF PEOPLE TO CRITICIZE TO THEIR OFFICIALS, INCLUDING ME. I WOULD MAKE THE SAME ARGUMENT IF THIS WERE A COMPANY BASED IN SAN FRANCISCO OR HELENA, MONTANA, OR CHICAGO. THE RIGHT TO FREE SPEECH IS AT THE CORE OF OUR DEMOCRACY. FREE CITIZENS HAVE A FIRST AMENDMENT RIGHT TO PETITION THEIR GOVERNMENT FOR REDRESS OF GRIEVANCES. THIS GAG ORDER ON COMPANIES LIKE HUMANNA AND THOSE IN ALL OF OUR STATES, IN MY VIEW, IS A CLEAR VIOLATION OF THAT RIGHT AND IT IS WRONG. EMPLOYERS THAT WARN THEIR CUSTOMERS ABOUT THE EFFECTS OF LEGISLATION AREN'T THE ONES WHO SHOULD BE GETTING WARNINGS, MR. PRESIDENT. THEY AREN'T THE ONES WHO OUGHT TO BE GETTING WARNINGS. SENATORS WHO THREATEN FIRST AMENDMENT RIGHTS ARE THE ONES WHO SHOULD BE GETTING THE WARNING. MR. PRESIDENT, I YIELD THE FLOOR. A SENATOR: MR. PRESIDENT? MR. ALEXANDER: BEFORE THE REPUBLICAN LEADER LEAVES -- THE PRESIDING OFFICER: THE SENATOR FROM TENNESSEE IS RECOGNIZED. MR. ALEXANDER: THANK YOU. I WANT TO CONGRATULATE HIM FOR HIS STATEMENT. OVER THE YEARS HE HAS BEEN A CONSISTENT DEFENDER OF FIRST AMENDMENT RIGHTS. EVEN FOR A GREAT MANY AMERICANS WITH WHOM HE DISAGREED. AND SENATOR BYRD, WHO IS THE CONSTITUTIONAL CONSCIENCE OF THE SENATE, OFTEN ENCOURAGES US -- SENATORS TO CARRY WITH US A LITTLE POCKET OF THE -- A LITTLE POCKET VERSION OF THE CONSTITUTION, AND I'M READING THE FIRST AMENDMENT TO THE CONSTITUTION, WHICH YOU SPENT A GREAT DEAL OF YOUR CAREER SPENDING, CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISH OF RELIGION OR PROHIBITING THE FREE EXERCISE THEREOF OR OF RIGHT OF PEOPLE TO DECENTLY ASSEMBLE OR PETITION THE GOVERNMENT FOR A REDRESS OF GRIEVANCES. I ASK THE SENATOR THROUGH THE CHAIR WHETHER; AS HE UNDERSTANDS THE FIRST AMENDMENT TO THE CONSTITUTION, IF IT WOULD BE CLEARLY UNCONSTITUTIONAL FOR US TO PASS LAW THAT WOULD TELL A MAJOR HEALTH CARE COMPANY THAT IF THEY OBJECTED TO A PIECE OF LEGISLATION BY INFORMING THEIR CUSTOMERS OF ITS CONSEQUENCES, THAT THERE WOULD BE SOME PENALTY? MR. MCCONNELL: I WOULD SAY TO MY FRIEND FROM TENNESSEE, HE'S ABSOLUTELY CORRECT. THERE ARE TWO OBVIOUS VIOLATIONS TO THE FIRST AMENDMENT, ONE, THE RIGHT TO SPEAK FREELY AND THE OTHER TO ADDRESS THE CONGRESS FOR REDRESS OF GRIEVANCES. AND HERE YOU'VE GOT AN INDUSTRY, THE HEALTH INSURANCE INDUSTRY, AT LEAST ONE COMPANY OF WHICH IS COMMUNICATING TO ITS CUSTOMERS THE TRUTH ABOUT THIS LEGISLATION. AND BEING THREATENED BY A POWERFUL SENATOR AND A GOVERNMENT AGENCY TO SHUT UP. MR. ALEXANDER: NOW, I WONDER, MR. PRESIDENT, AS I UNDERSTAND IT FROM READING IN THE NEWSPAPERS SOME OF THE BIG DRUG COMPANIES ARE LINED UP WITH THE OBAMA ADMINISTRATION WITH THE DEMOCRATIC HEALTH CARE BILL. AND I WONDER WHAT THE REPUBLICAN LEADER WOULD THINK IF SOME REPUBLICAN SENATOR CALLED UP ONE OF THE BIG DRUG COMPANIES AND SAID YOU'RE GOING TO SUFFER SERIOUS CONSEQUENCES OR EVEN SO WENT TO ONE OF THE AGENCIES OF GOVERNMENT AND CAUSED THEM TO TELL A BIG DRUG COMPANY THAT BECAUSE OF THEIR SPEECHES AND REMARKS THEY'RE GOING TO SUFFER SOME CONSEQUENCES. MR. MCCONNELL: ONCE AGAIN, I WOULD SAY TO MY FRIEND FROM TENNESSEE, TO CALL UP AN AGENCY OF GOVERNMENT FOR THE PURPOSE OF IMPLEMENTING A GAG ORDER AGAINST A COMPANY THAT IS SPEAKING FREELY ABOUT THE IMPACT OF LEGISLATION ON ITS BUSINESS AND ITS EMPLOYEES IS AN ASTONISHING THING TO BEHOLD HERE IN THE UNITED STATES OF AMERICA. NOW, I ASSUME THE PARTICULAR INDUSTRY YOU'RE TALKING ABOUT, WHICH HAS BEEN OUT RUNNING MILLIONS OF ADS IN SUPPORT OF WHAT THE ADMINISTRATION HAS BEEN TRYING TO DO IS NOT GETTING SUCH ADDRESS. MR. ALEXANDER: MAY I ASSUME -- MR. PRESIDENT, I ASSUME THAT THE -- THAT THE BIG DRUG COMPANIES WHO ARE RUNNING ADS AGAINST REPUBLICAN SENATORS FOR QUESTIONING THE HEALTH CARE REFORM BILL, THEY HAVE A RIGHT TO DO THAT. I KNOW THAT'S WHAT'S HAPPENING IN MEMPHIS IS PEOPLE ARE SEEING THE ADS AND CALLING AND TELLING ME TO CONTINUE TO OPPOSE WHAT'S GOING ON. BUT THAT'S PART OF OUR SYSTEM. AND I CONGRATULATE THE REPUBLICAN LEADER FOR BRINGING TO THE ATTENTION AND ALL OF HIS COLLEAGUES THIS ACTION. MR. MCCONNELL: I THANK MY FRIEND FROM TENNESSEE, AND I YIELD