The tax and climate bill included a $35 per month cap on out-of-pocket spending for patients in private insurance.

The provision is not related to the federal budget according to the Senate parliamentarian. The GOP could raise a procedural objection.

The rules needed 60 votes to be changed. There were seven Republicans who voted with the Democrats to keep the cap. The Democrats are going to use the GOP move to remove the cap.

Many in the GOP supported an amendment from Louisiana Senator John Kennedy that would have provided government funding to subsidize the purchase of diabetes drugs for low income individuals.

Democrats immediately attacked the two senators who voted against the tax bill, Ron Johnson of Wisconsin and Marco Rubio of Florida, who are up for re- election.

Oregon Senator Ron Wyden said that Republicans went on the record in favor of expensiveinsulin. In the face of heat from Big pharma, Republicans have once against wilted in the face of tough talk.

The Democrats voted to keep the provision. The vote was not enough to get the 60 required.

The GOP successfully removed the cap for private insurance, but the bill keeps $35 per month for out-of-pocket co-pays for medicare patients.

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