professor adler shifted from the provision providing for the subsidies. when you look at the section to hold the first thing it says is there shall be no credit allowed for qualifying where applicable taxpayers. they define it based on income level is professor blumstein mentioned. there citizens won't get subsidies and subsidies won't be available on federal exchanges. instead the language that professor adler pointed out is a technical subsection setting up the formula for calculating tax credit. that's a pretty strange place to put the condition if it's dealing with what the opponents say. this would have been a big elephant to hide in a pretty small town hall. the point is confirmed by the history of the debates in congress about the affordable care act. professor adler talk about medicaid and the fact that the medicaid expansion was condition on states compliance but the issue here no one doubts that congress can engage in these kinds of carrot and stick incentives. the question was they did it here with respect to the exchanges and attack subsidies

adler serves as chief medical officer at ucsf. they have got the most fines for adverse events. dr. adler says the high numbers show the hospital is doing a good job tracking the errors and using the data to improve the quality of care for all of its patients. >> i believe we are a very safe hospital. part of why we are safe is we have been in this error finding and resolving business for a long time. >> reporter: dr. adler says not every hospital in california is as committed to tracking these events and he points to other hospitals that have low numbers that he said are too good to be true. of the hospitals that reported to the state, half of them said they had five or fewer mistakes in a four-year span. some hospitals said they had one mistake or adverse event. >> i think we need to be more transparent as a medical community. even to the point of simply saying do we really know that everyone is doing their best to count and report their adverse events? >> reporter: states like washington and minnesota do just that. washington tracks adverse events by type and location on a quarte

along with jonathan adler he wrote the leading scholarly treatment of the issues before us today. taxation without representation, the legal irs rule to expand tax credits under the ppaca published in health matrix journal of medicine. this means of course he is no opinion on how the courts should rule in the case. this presentation will focus on the dueling mayors of the healthy case. is the administration committing a staggering violation of the law? we are going to start out with bob. >> thanks laurie. it's great to be here and thank you michael for inviting me. my job today is to talk about the what if. what if it is affirmed and what impact that would have on the marketplace. and because -- to go to the chase who would be devastating catastrophic. we talked about nuclear object -- options but i don't think any of us receive the nuclear option. in the other states where the states are running the exchanges it would make a direct impact and the impact and 36 states would be devastating. 86% of those enrolled her in subsidy and the people who are in subsidy are generally low-inc

jonathan adler is the -- i'm not going to pronounce it right. you do it.emorial professor of law, direct arer of the center of business law and regulation at the case western reserve university school of law. he teaches courses in environmental, administrative and constitutional law. his work has appeared in publications ranging from the harvard environmental law review and supreme court economic review to "the wall street journal" and "usa today." he's testified before congress a dozen times, his work has been cited in the u.s. supreme court. adler is contributing editor to national review online and a regular contributor to the popular legal blog the vollett conspiracy which is hosted at washingtonpost.com. he is the co-author of "taxation without representation: the illegal irs rule to expand tax credits under the ppaca," which appeared in the journal health matrix. he's credited with being responsible for the current litigation. prior to joining case western, adler worked on the u.s. court of appeals for the d.c. circuit. he has a b.a. from yale and a

josh adler serves as chief medical officer at ucsf. over the last four years, ucsf has gotten the most fines in the state for adverse events. dr. adler says those high numbers show the hospital is doing a good job tracking the errors and then using that same data to improve the quality of care for all its patients. >> i believe that we are a very safe hospital and part of why we are safe is we have been in this error finding and resolving business for a long time. >> reporter: dr. adler says not every hospital in california is as committed to tracking these adverse events. he points to other hospitals that have low adverse events numbers that he says are too good to be true. of the hospitals that reported to the state, nearly half said they have five or fewer mistakes in the four-year span. some hospitals even said they had only one mistake or adverse event. >> i certainly think we need to be more transparent as a medical community. even to the point of simply saying, do we really even know that everyone is doing their best to count an

josh adler serves as chief medical officer at ucsf.st four years, ucsf has gotten the most fines in the state for adverse events. dr. adler says those high numbers show the hospital is doing a good job tracking the errors and then using that same data to improve the quality of care for all its patients. >> i believe we are a very safe hospital. and part of why we are safe is we have been in this error finding and resolving business for a long time. >> reporter: dr. adler says not every hospital in california is as committed to tracking these adverse events. he points to other hospitals that have low adverse events numbers that he says are too good to be true. of the hospitals that reported to the state, nearly half of them said they had five or fewer mistakes in the four-year span. some hospitals even said they had only one mistake or adverse event. >> i certainly think we need to be more transparent as a medical community. even to the point of simply saying do we really even know that everyone is doing their best to count and report t

. >> reporter: adler says that includes price checking the procedure. instance, the comparison site healthcare blue book lists the total fair price for his procedure around $5,000. sutter charged 4 times that! and even more surprising, the hospital still insists it is covered under jeremy's insurance plan saying anthem has apologized for its error. anthem reiterates, quote, this sutter facility is not in network. something jeremy has now confirmed online and something he should have and would have checked if only he hadn't taken the hospital at its word. >> honestly it never occurred to me. a zoomed if the surgeon was -- a -- i assumed that if the surgeon was so would the hospital be. >> reporter: get everything in writing. call us at 888-5-helps-u if you have a problem. >> your mind is going in so many different directions when you have surgery. >> reporter: don't take anyone at their word. even if the procedure is covered you may pay out of pocket for the anesthesiologist, lab work. you're never fully covered. >> and you have no say over that. >> than

as professor adler explain ed the basic ideas, the congress wanted states to set up their own. they couldn't mandate it of course. they intentionally made the exchanges available only on state exchanges so the states would have no choice but to set up their own exchange. that's the argument. the problem is that the text, the history, the purpose of the statute all say otherwise. that was the point that was made in the brief filed before the panel and king panel by leading members of congress. the folks who actually participated in the discussions, deliberations, negotiation and the enactment of the affordable care act. lots of opponents like to a parade around that. we've seen a video. it was a quick, off the cuff remark made after the law was passed. i should know the statement jonathan gruber himself has subsequently disavowed. what's most important is not what someone said as part of q&a at a conference years after the law was passed but what folks there actually have to say. those folks as they've said in briefs filed before the courts, that was never the purpose of this pr

happy birthday from all of us and jonathan adler. >> my goodness. >> isn't it beautiful?ig change. >> i love this. come over here and look. >> thank you. >> by the window. if this was just kind of useless space. and now it's this wonderful little -- we have it in all of our rooms. it's formy ka, but you have made the dated fixtures disappear. >> i wanted to channel you, you are gorgeous and glamorous and sparkle. and create a zen space with a little bit of sparkle. there's brassment wills, live elements, brass to center you. >> is that wall -- i'm sorry. >> adds texture and there's a little bit of shimmer. you use metallics for a reason. >> shimmer. like neutrals, a little bit of sparkle like you. it needed to capture your spirit. >> but these were drab drawers and everything. just what you put on it makes it look so rich. it's inexpensive what you did. >> i wanted to keep it neutral. has a totally zen vibe. >> the handles -- >> yes. >> this is the contact paper, correct? >> totes. >> totes. >> formy kica, it's a sticker. and decluttering makes a difference. not saying yo

he came from the theater and he did what we were taught to do whether adler and you start with a zerod not try to do anything. you say the words and things will come to you. he allowed us to do that in rehearsal. he said do not play characters. it goes back to what i was saying before. he did not predetermine what anything should be. i can give you examples. he said, do you think this character is a virgin? i said, no. but i do not think he screwed his mother's best friend. i am rehearsing and he said think about the first time you ever made out with a girl. he asked how old were you? i said about 15. i was a piano player and i was going to play and we were waiting in the basement. she was doing al jolsen in black face. i was waiting to be called and somehow we looked at each other and started to experiment sexually. i cannot get any closer because she is in a blackface. i told him the story and i put my hand on her breast. we are facing the wall fully dressed. she let me do it. i told nichols the the story. i said, i went to go to the back of her and she has on a brassiere, just hold

branches of washington first bank around the metro area and we also have partners at tyson's corner and adler's jewelers at great falls who also collected food and donations. we're pleased to be able to make our contribution and work with nbc 4. >> he's got a $10,000 check to present. thank you, thank you, thank you. thank you all so much. call our phone bank or make your secure online donation at nbcwashington.com. it's food for families. barbara, back to you. >> all right, thank you. we have some breaking news happening right now. let's check in at the live desk to find out what's going on. >> university of virginia students just wrapped up a news conference addressing their concerns following those rape allegations at their school. these allegationings has have sn all fraternities and sororities for now. greek life leaders talked about their concerns. >> we recognize that sexual violence is a problem in our fraternities and we recognize that we, the students, can be catalysts for the solution. the temporary suspension of fraternities gives our community a time to breathe and to develop more

also really wore rained wasn't only really worried but so were the national nurses united, i receive adler from them that really articulated my concerns. what they said to me, and now i quote them, is that the president needs to invoke his executive authority to maintain uniform national standards and protocols, that all hospitals must follow safety-protected patients or health care workers and the public. they then go on to talk about the personal protective equipment needed, particularly hazmat equipment, and they identified the actual osha standard number. my question to you, secretary burwell, is do you feel confident that now in the way we are responding, that the doctors and the you were ins who are actually touching patients have the protective equipment that they need, that these are national standards for not only the equipment but the training so that we have a national response regardless of whether where someone might appear that needs help? could you share with us and did you respond or did the president respond to the national nurses united request? >> so, with regard to the

hottest theater director, i think, in town, and he did what we were taught to do whether strasbourg or adleryou start with zero. you don't try to do anything. you just say the words and stuff will start to come to you. and he allowed us to do that in rehearsal. he said, "don't try to play characters. i have no--" and he didn't. it goes back to what i was saying before. he didn't predetermine what anything should be and he really let-- i could give you examples but, you know. >> rose: give an example. >> he said, "do you think this character is a virgin? and i said, "no." i said, "but i don't think he's ever screwed his mother's best friend." "had sex with his mother's best friend." so i'm rehearsing with anne bancroft, and he says, "think about that, the first time you ever made out with a girl, how old were?" i said i guess i was about 15. i was a piano player, and i was supposed to play "bungle boogie" for the millionth time at an assembly. and there was a girl-- we were in the basement waiting to be called. today it would be considered racist but she was doing al joalsen in black face sin

who studied acting at the stella adler school in los angeles. >> he was in the dressing room, on the the matter? he said, i can't find my action. >> how long were you here for? >> a three-year program and i ended up staying for six years. i was working on my craft, man. >> and for a long time it was bartending that actually paid the bills. >> i literally can go right back in to setting up this bar. >> one of his gigs was at l.a.'s good luck bar. you had your own drink? >> i had a drink that i sort of became famous for they started calling it a remarkarita. >> after more than 600 auditions, he broke through in 2000 in the film "you can count on me" playing laura liny's troubled brother. >> how would you ever know? >> i'm not looking for anything. i'm just like trying to get on with it. >> where did you come from? like, what are you talking about? i've been under your nose the past ten years, where have you been? >> just as things were breaking his way, doctors discovered a mass in his brain. >> it was very scary. my life -- >> she was pregnant. she was due. basically i found out then

jonathan adler is the -- i'm not going to pronounce it right.the memorial professor of law, director of the center of distance law and education. he teaches courses in environmental, administrative and constitutional law. his work has appeared in publications ranging from the harvard and environmental law review and the supreme court economic review to "the wall street journal" to the usa today. testified before congress a dozen times. he is contributing editor to the national review online and a regular contributor to washingtonpost.com. he along with michael cannon is the co-author of taxation without representation, the illegal irs rule to expand tax credits under the ptaca which appeared in the journal health matrix, he's credited with being responsible for the current solidify indication. >>> >> he teaches legal writing, statutory interpretation, the place of writing and brief writing. he earned a ba in matt aches and a ba in economics from brown and his jd from columbia law school. he was a kent scholar, executive mack managing editor of t

my -- a fellow, an agent, bill adler, came up -- called me up and said, have you ever thought of writing a book? and i said, yes, but i never have had an idea. and he kind of had some ideas, and we sort of put the idea together and then we went to -- got a publisher, rugged land, a small publishing house with a relationship with random house, and also, talked to richard neustadt, the great presidential historian. and it's a funny quick story there. i was a kid going to a private school in new york back in the 1950s. and there was a kid in my class named rick neustadt. and it turned out -- i'll never forget. he told me one day that his dad was a professor at columbia university and that they'd had champagne for dinner the previous friday night. and that seemed quite glamorous to me. and i said, why?" and he said, well, he just finished a book called "presidential power," which, of course, became a very famous textbook, kind of the definitive book about the power of the presidency. so i got in touch with professor neustadt, retired -- and it actually was shortly before his death -- and tal

jonathan adler watched her in the last panel. the plans eligible for tax credit and the people all jubal for tax, the premium and the reading area all have been through the change established by the state. nothing unclear about it. in fact, if you get a proponent of the governments position to voice an opinion on the tax credit eligibility rules, they will save those for clear. so when you have multiple uses, it's not a typo. not a drafting error. >> that is not a drafting error. as far as whether anyone discuss this or what congress' intent was, the whole idea that congress intended for the statue, the ppaca to authorize tax credits and federal changes is a fabrication. you may die. there's no evidence whatsoever. none of the statue. so i've read every article you wrote in a lot of other people. robert pear wrote all of his and no attached on this. it never came up. the only time the only candidate would come up candidate would come up as the specific question of what would happen under the patient protection affordable karaite

also really wore rained wasn't only really worried but so were the national nurses united, i receive adler from them that really articulated my concerns. what they said to me, and now i quote them, is that the president needs to invoke his executive authority to maintain uniform national standards and protocols, that all hospitals must follow safety-protected patients or health care workers and the public. they then go on to talk about the personal protective equipment needed, particularly hazmat equipment, and they identified the actual osha standard number. my question to you, secretary burwell, is do you feel confident that now in the way we are responding, that the doctors and the you were ins who are actually touching patients have the protective equipment that they need, that these are national standards for not only the equipment but the training so that we have a national response regardless of whether where someone might appear that needs help? could you share with us and did you respond or did the president respond to the national nurses united request? >> so, with regard to the

along with jonathan adler, he wrote the leading scholarly treatment of the issues before us today, "taxation without representation: the illegal irs rule to expand tax credits under the ppaca," published in health matrix journal of law medicine. this means, of course, that he has no opinion on how the courts should rule in this case. his presentation will focus on the dueling narratives of the halbig case. are the plaintiffs being obstructionist and nitpick i can or is the administration committing a staggering violation of law? so we're going to start out with bob. >> thanks, laurie. it's great to be here. thank you, michael, for inviting me. my job today is to talk about the what-if. what if halbig is affirmed and what impact would that have on the marketplace? and to cut to the chase, it would be devastating, catastrophic. you know, we talk about the nuclear option sometimes in public policy, but i don't think any of us have ever seen the nuclear option. halbig is the nuclear option for the individual health insurance market in these 36 states. in the other state where is the states are r

proudest achievements was the civil rights prosecution of the officers involved in the assault of adler -- abner louima. beretta might be the only american who battles terrorists and still has the reputation as a charming people person. she looks to make a difference. she is not about splash, she is about substance. i cannot be more confident that loretta will bring her intelligence and passion and commitment to our priorities, including reforms in our criminal justice system. she has consistently proven her leadership and earned the trust and respect of though she serves. since 2010 she is been a member of the committee of u.s. attorneys who advised the attorney general on matters of policy. she is served as chair of that committee since 2013. it is no wonder that the senate confirmed her to be the head of the u.s. attorneys office in two separate situations. once under president clinton and once in my administration. it is my hope that the senate will confirm her eighth or to time without delay. >> washington journal continues. host: we want to welcome payton cry kill area thank you f

also really wore rained wasn't only really worried but so were the national nurses united, i receive adler from them that really articulated my concerns. what they said to me, and now i quote them, is that the president needs to invoke his executive authority to maintain uniform national standards and protocols, that all hospitals must follow safety-protected patients or health care workers and the public. they then go on to talk about the personal protective equipment needed, particularly hazmat equipment, and they identified the actual osha standard number. my question to you, secretary burwell, is do you feel confident that now in the way we are responding, that the doctors and the you were ins who are actually touching patients have the protective equipment that they need, that these are national standards for not only the equipment but the training so that we have a national response regardless of whether where someone might appear that needs help? could you share with us and did you respond or did the president respond to the national nurses united request? >> so, with regard to the

adler of the district of column column to be a commissioner. mr. reid: there's a cloture motion at the desk, mr. president. the presiding officer: the clerk will report the cloture motion. the clerk: cloture motion. we, the undersigned senators, in accordance with the provisions of rule 22 of the standing rules of the senate, hereby move to bring to a close the debate on the nomination of robert s. adler of the district of columbia to be a commissioner of the consumer product safety commission. signed by 18 senators as follows. mr. reid: i ask unanimous consent the reading of the names be waived. the presiding officer: without objection. reid i ask consent the mandatory quorum under rule 22 be waived. the presiding officer: without objection. mr. reid: i now move to proceed to legislative session. the presiding officer: the question is on the motion. all in favor say aye. all opposed, no. the ayes appear to have it. the motion is agreed to. mr. reid: i now move to proceed to executive session to consider calendar number 1069. the presiding officer: