That compromise was apparently key to bringing Nebraska Sen. Ben Nelson on board, but it's been roundly criticized by Democrats and Republicans alike. Even Nelson has repudiated it and says he wants it taken out of the final bill.
Here's Herseth Sandlin's statement:
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"As I have throughout this process, today and in coming days I will continue to talk to House and Senate colleagues as well as the administration about South Dakota’s priorities for common-sense health care reform. Most importantly, I will continue to listen to South Dakota families and businesses about what we can do to improve quality and access and bring down health care costs for all.
"I couldn’t support the House version of the health care bill because I didn’t believe it was the right policy for our state. Likewise, I would not support the version of the bill that passed the Senate 'as is.' Included among my reasons are that I find it unacceptable to treat Nebraska differently than the rest of the states. It would also be unacceptable to move forward before Senator-elect Brown is sworn in.
“Congress must govern in a way that is more open, fair and responsible than what we’ve seen with the legislative process over the past many years, regardless of which political party was in control."


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