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RIGHT NOW ON C-SPAN3.
THAT'S ABOUT THE SITUATION IN
AFGHANISTAN.
PRESIDENT OBAMA WILL SPEAK
AROUND 11:00 A.M. TODAY IN
OKLAHOMA.
C-SPAN.ORG FOR MORE.
HOUSE.
NOW, LIVE COVERAGE OF THE
THE HOUSE WILL BE
IN SESSION.
THE PRAYER WILL BE OFFERED BY
OUR CHAPLAIN, FATHER CONROY.
CHAPLAIN CONROY: LET US PRAY.
ETERNAL GOD THROUGH WHOM WE SEE
WHAT WE COULD BE AND WHAT WE
CAN BECOME.
THANK YOU FOR GIVING US ANOTHER
DAY.
SEND YOUR SPIRIT UPON THE
MEMBERS OF THE PEOPLE'S HOUSE
TO ENCOURAGE THEM IN THEIR
OFFICIAL TASKS.
BE WITH THEM AND WITH ALL WHO
LABOR HERE TO SERVE THIS GREAT
NATION AND ITS PEOPLE.
THAT WHATEVER THEIR
RESPONSIBILITIES, YOU PROVIDE
THE GRACE TO ENABLE THEM TO BE
FAITHFUL TO THEIR DUTIES AND
THE WISDOM TO BE CONSCIOUS OF
THEIR OBLIGATIONS AND FULFILL
THEM WITH INTEGRITY.
REMIND US ALL OF THE DIGNITY OF
WORK AND TEACH US TO USE OUR
TALENTS AND ABILITIES IN WAYS
THAT ARE HONORABLE AND JUST AND
ARE A BENEFIT TO THOSE WE
SERVE.
MAY ALL THAT IS DONE THIS DAY
BE FOR YOUR GREATER HONOR AND
GLORY.
AMEN.
THE CHAIR HAS
EXAMINED THE JOURNAL OF THE
LAST DAY'S PROCEEDINGS AND
ANNOUNCES TO THE HOUSE HIS
APPROVAL THEREOF.
PURSUANT TO CLAUSE 1 OF RULE 1,
THE JOURNAL STANDS APPROVED.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM TEXAS RISE?
MR. SPEAKER, PURSUANT
TO CLAUSE 1, RULE 1, I DEMAND A
VOTE ON AGREEING TO THE
JOURNAL.
SPEAKER'S APPROVAL OF THE
THE QUESTION IS ON
COMBREG TO THE SPEAKER'S
APPROVAL OF THE JOURNAL --
AGREEING TO THE SPEAKER'S
APPROVAL OF THE JOURNAL.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR,
THE AYES HAVE IT.
THE AYES HAVE TANNED THE
JOURNAL IS APPROVED.
MR. SPEAKER, I OBJECT
TO THE VOTE ON THE GROUNDS THAT
A QUORUM IS NOT PRESENT AND I
MAKE A POINT OF ORDER THAT A
QUORUM IS NOT PRESENT.
PURSUANT TO CLAUSE
8 OF RULE 20, FURTHER
PROCEEDINGS ON THIS QUESTION
ARE POSTPONED.
THE PLEDGE OF ALLEGIANCE TODAY
WILL BE LED BY THE GENTLEMAN
FROM ILLINOIS, MR. DOLD.
PLEASE JOIN ME IN THE
PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG
OF THE UNITED STATES OF AMERICA
AND TO THE REPUBLIC FOR WHICH
IT STANDS, ONE NATION UNDER
GOD, INDIVISIBLE, WITH LIBERTY
AND JUSTICE FOR ALL.
THE CHAIR WILL
ENTERTAIN UP TO FIVE ONE-MINUTE
FOR WHAT PURPOSE DOES THE
REQUESTS ON EACH SIDE.
GENTLEMAN FROM SOUTH CAROLINA
RISE?
MR. SPEAKER, I ASK
UNANIMOUS CONSENT TO ADDRESS
THE HOUSE FOR ONE MINUTE AND TO
REVISE AND EXTEND MY REMARKS.
WITHOUT OBJECTION,
SO ORDERED.
MR. SPEAKER, EVERY
AMERICAN SHOULD BE GIVEN THE
FREEDOM TO MAKE HIS OR HER OWN
CARE.
DECISIONS REGARDING HEALTH
WHEN THE GOVERNMENT TAKEOVER
HEALTH CARE BILL WAS PASSED,
THE LIBERAL-CONTROL CONGRESS
TOOK AWAY THIS RIGHT AND
INSTEAD CREATED THE PRO BOWLERS
ASSOCIATION, YABE.
THIS -- CREATED THE IPAB.
THEY ARE RESPONSIBLE FOR MAKING
CUTS TO MEDICARE, WHICH WILL
LEAD TO WAITING, DENIAL OF
CARE.
REPUBLICANS WILL VOTE ON A BILL
THAT WILL ELIMINATE IPAB AND
STRENGTHEN A DOCTOR-PATIENT
RELATIONSHIP.
OUR COUNTRY CANNOT SPEND $1.4
TRILLION ON AN UNCONSTITUTIONAL
GOVERNMENT MANDATE WHICH THE
NFIB REVEALS IT WILL DESTROY
1.6 MILLION JOBS.
IN CONCLUSION, GOD BLESS OUR
TROOPS AND WE WILL NEVER FORGET
SEPTEMBER 11 AND THE GLOBAL WAR
ON TERRORISM.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM MICHIGAN SEEK RECOGNITION?
MINUTE.
TO ADDRESS THE HOUSE FOR ONE
AND
THE GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, I RISE TODAY
IN SUPPORT OF REPEAL IPAB.
HOWEVER, I SPEAK IN OPPOSITION
HOUSE
RESOLUTION 5.
THIS IS DISINGENUOUS AT BEST.
IT RELINGISHES -- IT PASSES IT
TO INSURANCE COMPANIES,
UNDERMINES CONGRESS' ABILITY TO
REPRESENT THE NEEDS OF OUR
SENIORS AND MAKE DECISIONS ON
HEALTH CARE POLICY FOR MEDICARE
BENEFICIARIES.
WE MUST PRESERVE ACCESS TO
QUALITY MEDICARE WHILE
CONTAINING COSTS AND REPLACING
THE FLAWED PAYMENT SYSTEM.
SIMPLY CUTTING REIMBURSEMENTS
IS NOT NF.
IF WE SHOULD REPEAL IPAB, WE
SHOULD DO IT AS A STAND-ALONE
BILL.
THE SENATE WILL NOT BRING THIS
UP FOR A VOTE.
WHY ARE WE WASTING TIME ON THIS
WHEN IT WON'T BECOME LAW?
THE AMERICAN PEOPLE WANT US TO
WORK TOGETHER, NOT TO BE ACTIVE
PARTICIPANTS IN POLITICAL
THEATER.
I URGE MY COLLEAGUES TO HAVE AN
HONEST AND OPEN DEBATE ON
MEDICARE BY BRINGING AN
INDEPENDENT IPAB REPEAL BILL TO
THE FLOOR.
I YIELD BACK THE BALANCE OF MY
TIME.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM ARIZONA RISE?
MINUTE.
TO ADDRESS THE HOUSE FOR ONE
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, I
RISE TODAY IN SUPPORT OF THE
LEGISLATION WE WILL VOTE ON
LATER, TO REPEAL THE
INDEPENDENT PAYMENT ADVISORY
BOARD, CREATED UNDER THE
PATIENT PROTECTION AND
AFFORDABLE CARE ACT.
THIS IS SOMETHING THAT SIMPLY
SHOULD NOT HAVE BEEN DONE.
THESE ARE UNELECTED BOARD
MEMBERS, 15 OF THEM APPOINTED
BY THE PRESIDENT, TASKED WITH
FINDING SAVINGS AND MAKING
RECOMMENDATIONS.
UNFORTUNATELY, BECAUSE THE
LIMITATIONS WHAT THE BOARD CAN
CUT, THE MAJORITY OF SPENDING
REDUCTIONS WILL CUTTING
REIMBURSEMENTS FROM DOCTORS AND
THOSE WHO CARE FOR MEDICARE
PATIENTS.
THE ULTIMATE RESULT WILL BE
FEWER OPTIONS FOR PATIENTS WHO
ARE DRIVEN OUT OF THE MEDICARE
SYSTEM.
-- WHEN DOCTORS ARE DRIVEN OUT
OF THE MEDICARE SYSTEM.
WE WERE TOLD WHEN THE
AFFORDABLE CARE ACT WAS PASSED
THAT IT WOULD LEAD TO A
REDUCTION IN PREMIUMS.
IT'S DONE EXACTLY THE OPPOSITE.
THIS KIND OF BOARD AND THESE
KIND OF DECISIONS MADE BY UN
ELECTED OFFICIALS WILL SIMPLY
DRIVE THE COSTS UP FURTHER, AND
WE CANNOT AFFORD TO DO THAT.
MY ONLY REGRET IN TODAY'S
ACTION IS THAT WE ARE NOT
REPEALING THE ENTIRE ACT, AND I
HOPE THAT COMES SOON.
I YIELD BACK THE BALANCE OF MY
TIME.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM CALIFORNIA RISE?
MADAM SPEAKER, I ASK
UNANIMOUS CONSENT TO ADDRESS
THE HOUSE FOR ONE MINUTE.
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, TODAY
I RISE TO SPEAK OF THE NEED TO
PROTECT HEALTH CARE OF THE
AMERICAN WOMAN.
LAST WEEK I HOSTED A WOMAN'S
CONFERENCE FOCUSED ON THE
BENEFIT OF AFFORDABLE CARE ACT
FOR WOMEN.
THE HISTORIC HEALTH CARE REFORM
IS A STEP IN THE RIGHT
DIRECTION FOR THE HEALTH OF
GRANDDAUGHTERS.
MOTHERS, SISTERS, DAUGHTERS AND
THANKS TO AFFORDABLE HEALTH
CARE, A WOMAN CAN NO LONGER BE
DROPPED FROM INSURANCE COVERAGE
PREGNANT.
WHEN THEY GET SICK OR BECOME
20 MILLION WOMEN HAVE ALREADY
USED PREPREVENTIVE SERVICES
OFFERED THROUGH HEALTH CARE
REFORM, INCLUDING MAMMOGRAMS
AND COLONOSCOPIES.
BEGINNING 2014 WOMEN WON'T BE
DENIED COVERAGE FOR HAVING
PRE-EXISTING CONDITIONS.
THE HEALTH CARE LAW FINALLY
ENDS GENDER RATING IN WHICH
WOMEN ARE FORCED TO PAY HIGHER
COVERAGE.
PREMIUMS THAN MEN FOR THE SAME
FAMILIES.
WOMEN ARE THE FOUNDATION OF OUR
WE MUST PROTECT THE BENEFIT OF
HEALTH CARE REFORM AND ENSURE
THAT ALL WOMEN HAVE BETTER
ACCESS TO HEALTH CARE.
I YIELD BACK THE BALANCE OF MY
TIME.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM ILLINOIS RISE?
I ASK UNANIMOUS CONSENT TO
ADDRESS THE HOUSE FOR ONE
MINUTE AND TO REVISE AND EXTEND
MY REMARKS.
THE
GENTLEMAN IS RECOGNIZED.
MR. DOLD AREA --
I THINK IT'S FAIR TO
SAY THAT WASHINGTON HAS A
SPENDING PROBLEM.
REPUBLICANS AND DEMOCRATS ALIKE
HAVE OVERSPENT OVER THE YEARS.
IN THE PAST FOUR YEARS
WASHINGTON HAS SPENT OVER $5
TRILLION OF TAXPAYER MONEY THAT
WE DON'T HAVE.
THE DEGREE OF HOW MUCH THIS
ACTUALLY MEANS TO THE AMERICAN
PUBLIC I THINK IS
UNCOMPREHENSIBLE.
MOST PEOPLE THAT I TALK TO SAY
MONEY.
THAT'S A HECK OF A LOT OF
I TALK ABOUT THE DEFICIT OF
$1.5 TRILLION THAT WE SPENT
THIS LAST YEAR AND THEY SAY, I
JUST THINK IT'S A LOT OF MONEY.
WORKS TO BE ABOUT $3.4 MILLION
A MINUTE IN DEFICIT SPENDING.
BUT IF WE TAKE EIGHT ZEROS OFF
OF THESE NUMBERS TO PUT IT IN
PERSPECTIVE FOR THE AMERICAN
FAMILY, I THINK IT GIVES THEM A
GOOD IDEA WHAT THEIR BUDGET
WOULD LOOK LIKE.
$22,080.
ANNUAL FAMILY INCOME WOULD BE
,080.
THE FAMILY SPENT WOULD BE $27
$8,000.
NEW CREDIT DEBT WOULD BE
$155,000.
THE OUTSTANDING BALANCE IS
AND THE TOTAL DISCRETIONARY
BUDGET CUTS THAT WERE PUT IN
FOR 2011 FOR THIS FAMILY, $398.
MADAM SPEAKER, THAT'S WHAT
WE'RE FACING.
WE MUST PASS A BUDGET THAT
TAKES THE STEPS THAT'S
NECESSARY TO REIN IN THE
OUT-OF-CONTROL SPENDING THAT
OUR COUNTRY HAS TODAY, PUT
ON A PATH TO ECONOMIC
PROSPERITY.
WE HAVE NO OTHER CHOICE.
FOR
WHAT PURPOSE DOES THE
GENTLELADY FROM MAINE SEEK
RECOGNITION?
MASSACHUSETTS.
TO ADDRESS THE
HOUSE FOR ONE MINUTE.
THE
GENTLELADY IS RECOGNIZED.
TOMORROW IS THE
ANNIVERSARY OF THE LANDMARK
HEALTH CARE REFORM BILL SIGNED
BY PRESIDENT OBAMA.
IT BENEFITS WOMEN WHO FOR YEARS
FACED DISCRIMINATORY PRACTICES
AND BORNE HIGHER HEALTH CARE
COSTS SIMPLY AS A RESULT OF
THEIR GENDER.
BECAUSE OF THE NEW LAW, WOMEN
CAN NO LONGER BE DENIED
COVERAGE OR CHARGED MORE FOR
SUCH PRE-EXISTING CONDITIONS AS
BREAST OR CERVICAL CANCER,
PREGNANCY OR OF ALL THINGS
BEING A VICTIM OF DOMESTIC
ABUSE.
WOMEN NO LONGER HAVE TO SHARE
THE COSTS OF CRITICAL AND
POTENTIALLY LIFE-SAVING
PREVENTIVE SERVICES SUCH AS
MAMMOGRAMS AND COLONOSCOPIES.
THIS NOT ONLY MAKES CARE MORE
EQUITABLE BUT IT HELPS REDUCE
THE COST OF CARE BY ENSURING
THAT MANY DISEASES ARE
PROTECTED EARLY OR PREVENTED
THROUGH THEIR ONSET THROUGH
VACCINATIONS AND THROUGH
REGULAR SCREENINGS.
MANY ADVANCES AS A RESULT OF
HEALTH CARE REFORM ARE ALREADY
MAKING A DIFFERENCE IN THE
LIVES OF WOMEN ACROSS THIS
COUNTRY.
THANK YOU AND I YIELD BACK.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM PENNSYLVANIA RISE?
TO ADDRESS THE HOUSE FOR ONE
EXTEND.
MINUTE AND TO REVISE AND
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, ON
SUNDAY, AL QAEDA TERRORISTS
JOEL.
VICIOUSLY GUNNED DOWN AMERICAN
JOEL GREW UP IN LANCASTER
COUNTY, PENNSYLVANIA, AND WAS A
FOOTBALL STAR.
AND HE LEAVES BEHIND A WIFE AND
TWO YOUNG SONS WHO LIVED WITH
HIM IN YEMEN.
JOEL WORKED AS A TEACHER AT THE
INTERNATIONAL TRAINING
DEVELOPMENT CENTER WHICH
FOCUSED ON GETTING VOCATIONAL
TRAINING TO THE POOR.
JOEL'S A CHRISTIAN, BUT HE WAS
TO
PROPHETALIZE.
THE ORGANIZATION HE WORKED FOR
IS STAFFED BY BOTH CHRISTIANS
AND MUSLIMS AND HAS WORKED IN
THE COUNTRY FOR OVER 40 YEARS.
THE PEOPLE OF YEMEN ARE
APPALLED BY THIS VIOLENCE.
HUNDREDS OF ACTIVISTS TOOK TO
THE STREETS YESTERDAY TO DEMAND
JUSTICE FOR THE KILLERS.
THEY CARRIED PHOTOS OF JOEL AND
CHANTED, YEMEN IS NOT A PLACE
FOR TERRORISM, AND WE LOVE YOU,
JOEL.
JOEL SELFLESSLY SERVED THE POOR
IN A COUNTRY FAR FROM HOME.
HE'LL BE DEARLY MISSED BY HIS
FAMILY AND BY THE PEOPLE HE
CAME TO SERVE.
I YIELD BACK.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM VIRGINIA RISE?
MADAM SPEAKER, CAN I ASK FOR
ORDER?
THE
GENTLEMAN IS CORRECT.
THE HOUSE IS NOT IN ORDER.
THE HOUSE WILL BE IN ORDER.
MEMBERS AND STAFF ARE ADVISED
TO TAKE THEIR CONVERSATION OFF
THE FLOOR.
AND THE GENTLEMAN FROM VIRGINIA
IS RECOGNIZED.
ADDRESS THE HOUSE FOR ONE
I ASK UNANIMOUS CONSENT TO
EXTEND.
MINUTE AND TO REVISE AND
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, YESTERDAY BY
ONE VOTE THE REPUBLICAN BUDGET
COMMITTEE PASSED A FEND FOR
YOURSELF BUDGET THAT WOULD GIVE
DARWINISM A BAD NAME.
IT BREAKS A
BIPARTISAN COMPROMISE NOT EVEN
A YEAR OLD.
IT VOUCHERIZES MEDICARE AND IN
EFFECT JEOPARDIZING HEALTH CARE
FOR MILLIONS, TENS OF MILLIONS
OF AMERICAN SENIORS.
IT ESSENTIALLY GUTS MEDICAID,
JEOPARDIZING NURSING HOME CARE
FOR MILLIONS MORE.
IT BLOCK GRANTS THE SAFETY NET
PROGRAMS LED BY FOOD STAMPS,
THREATENING TO REVERSE THE
PROGRESS, DECADES' OLD PROGRESS
IN LOWERING POVERTY AND
MALNUTRITION RATES IN AMERICA.
THIS IS A BUDGET THAT NEEDS TO
BE REJECTED, MADAM CHAIRMAN.
IT IS A BUDGET THAT WOULD MAKE
CHARLES DARWIN BLUSH.
I YIELD BACK.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM TEXAS RISE?
MADAM SPEAKER, REQUEST
UNANIMOUS CONSENT TO ADDRESS
THE HOUSE FOR ONE MINUTE.
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, THE
NATIONALIZED HEALTH CARE BILL
WILL SOON GO BEFORE THE SUPREME
COURT.
THE ISSUE -- DOES THE FEDERAL
GOVERNMENT HAVE THE
CONSTITUTIONAL AUTHORITY TO
FORCE AMERICANS TO BUY
GOVERNMENT ORDAINED AND
APPROVED HEALTH INSURANCE OR
ELSE?
OR ELSE FACE THE WRATH AND
PUNISHMENT OF GOVERNMENT.
THE GOVERNMENT DOES NOT HAVE
THE AUTHORITY TO FORCE CITIZENS
TO BUY ANY PRODUCT, WHETHER IT
IS HEALTH INSURANCE, A CAR OR A
BOX OF DOUGHNUTS.
IF THE SUPREME COURT ALLOWS
THIS GOVERNMENT INVASION OF
CHOICE, WHAT IS NEXT?
IF THE GOVERNMENT, UNDER THE
GUISE IT KNOWS BEST, IS IT
GOING TO FORCE CITIZENS TO BUY
ONLY GOVERNMENT-APPROVED GREEN
CARS, ONLY GOVERNMENT HOUSES,
ONLY GOVERNMENT FOOD?
THE HEALTH CARE INDIVIDUAL
MANDATE IS A DENIAL OF LIBERTY.
YES, WE NEED TO FIX HEALTH
CARE, BUT DOES ANYONE REALLY
WANT TO TURN OVER THE NATION'S
HEALTH CARE TO THE GOVERNMENT?
THE GOVERNMENT SELDOM DOES
ANYTHING BETTER, AND IF YOU
LIKE THE COMPASSION OF THE
I.R.S., THE EFFICIENCY OF THE
POST OFFICE AND THE CONFIDENCE
OF FEMA, YOU WILL LOVE THE
UNCONSTITUTIONAL NATIONALIZED
HEALTH CARE BILL.
.
AND THAT'S JUST THE WAY IT IS.
FOR
WHAT PURPOSE DOES THE GENTLEMAN
FROM TEXAS RISE?
TO ADDRESS THE HOUSE FOR ONE
MINUTE.
RENT.
THE
GENTLEMAN IS RECOGNIZED.
MADAM SPEAKER, I RISE
THIS MORNING TO THANK THE MANY
PERSONS ACROSS THE LENGTH AND
BREADTH OF THIS COUNTRY WHO HAVE
SPOKEN UP WITH REFERENCE TO THE
INJUSTICE THAT HAS OCCURRED IN
FLORIDA.
WITH REFERENCE TO THE YNG MAN,
TRAYVON MARTIN.
I WANT YOUNG MAN, TRAYVON
MARTIN.
I WANT TO SINGLE OUT TWO PEOPLE,
MSNBC'S MORNING JOE.
WHEN HE SPOKE THIS MORNING I
LITERALLY HAD TEARS TO WELL IN
MY EYES AS HE TOOK A STRONG
POSITION ON THIS INJUSTICE.
I BEG THAT OTHERS WOULD DO
LIKEWISE.
I WOULD ALSO LIKE TO THANK THE
REVEREND AL SHARPTON.
HE HAS LOST HIS MOTHER AND I
ALONG WITH OTHER PEOPLE OF GOOD
WILL WOULD LIKE TO EXTEND OUR
CONDOLENCES AND OUR SYMPATHIES,
BUT I AM SO GRATEFUL TO REVEREND
SHARPTON.
HE HAS INDICATED THAT HE WILL BE
AT THE RALLY TONIGHT IN SANFORD,
FLORIDA, AND I THANK HIM FOR
WHAT HE HAS DONE AND IS DOING.
MAY GOD CONTINUE TO BLESS YOU,
REVEREND.
AND I LOOK FORWARD TO BEING
THERE WITH YOU.
WOULD THE GENTLEMAN YIELD?
I WOULD.
I'D LIKE TO PROUDLY
ASSOCIATE MYSELF WITH YOUR
REMARKS.
THE
GENTLEMAN'S TIME HAS EXPIRED.
MEMBERS ARE ADVISED TO ADDRESS
THEIR COMMENTS TO THE CHAIR.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM GEORGIA RISE?
MR. SPEAKER, I ASK
UNANIMOUS CONSENT THAT ALL
MEMBERS MAY HAVE FIVE
LEGISLATIVE DAYS TO REVISE AND
EXTEND THEIR REMARKS AND INCLUDE
EXTRANEOUS MATERIAL ON H.R. 5.
WITHOUT
OBJECTION.
PURSUANT TO HOUSE RESOLUTION 591
AND RULE 18, THE CHAIR DECLARES
THE HOUSE IN THE COMMITTEE OF
THE WHOLE HOUSE ON THE STATE OF
THE UNION FOR FURTHER
CONSIDERATION OF H.R. 5.
WILL THE GENTLEWOMAN FROM
MICHIGAN, MRS. MILLER, KINDLY
TAKE THE CHAIR.
THE HOUSE IS IN THE
COMMITTEE OF THE WHOLE HOUSE ON
THE STATE OF THE UNION FOR THE
FURTHER CONSIDERATION OF H.R. 5
TITLE.
WHICH THE CLERK WILL REPORT BY
A BILL TO IMPROVE
PATIENT ACCESS TO HEALTH CARE
SERVICES AND PROVIDE
IMPROVEMENTED MEDICAL CARE BY
REDUCING THE EXCESSIVE BURDEN
THE LIABILITY SYSTEM PLACES ON
THE HEALTH CARE DELIVERY SYSTEM.
WHEN THE COMMITTEE OF
THE WHOLE ROSE ON WEDNESDAY,
MARCH 21, 2012, ALL TIME FOR
GENERAL DEBATE HAD EXPIRED.
PURSUANT TO THE RULE, THE BILL
SHALL BE CONSIDERED FOR
AMENDMENT UNDER THE FIVE-MINUTE
RULE.
IN LIEU OF THE AMENDMENTS
RECOMMENDED BY THE COMMITTEE ON
ENERGY AND COMMERCE AND THE
JUDICIARY PRINTED IN THE BILL,
AN AMENDMENT IN THE NATURE OF A
SUBSTITUTE CONSISTING OF THE
TEXT OF RULES COMMITTEE PRINT
112-18 IS ADOPTED AND THE BILL
AS AMENDED SHALL BE CONSIDERED
AS AN ORIGINAL BILL FOR THE
PURPOSE OF FURTHER AMENDMENT
UNDER THE FIVE-MINUTE RULE AND
SHALL BE CONSIDERED AS READ.
NO FURTHER AMENDMENT TO THE BILL
AS AMENDED SHALL BEING IN ORDER
EXCEPT THOSE PRINTED IN HOUSE
REPORT 112-416.
EACH SUCH FURTHER AMENDMENT MAY
BE OFFERED ONLY IN THE ORDER
PRINTED IN THE REPORT, BY A
MEMBER DESIGNATED IN THE REPORT,
SHALL BE CONSIDERED AS READ,
SHALL BE DEBATABLE FOR THE TIME
SPECIFIED IN THE REPORT EQUALLY
DIVIDED AND CONTROLLED BY THE
PROPONENT AND THE OPPONENT,
SHALL NOT BE SUBJECT TO
AMENDMENT, AND SHALL NOT BE
SUBJECT TO A DEMAND FOR DIVISION
OF THE QUESTION.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER ONE PRINTED IN
HOUSE REPORT 11-416.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM GEORGIA SEEK
RECOGNITION?
I HAVE AN AMENDMENT
AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 1,
PRINTED IN HOUSE REPORT NUMBER
112-416, OFFERED BY MR. WOODALL
OF GEORGIA.
PURSUANT TO HOUSE
RESOLUTION 591, THE GENTLEMAN
FROM GEORGIA, MR. WOODALL, AND A
MEMBER OPPOSED EACH WILL CONTROL
FIVE MINUTES.
THE CHAIR NOW RECOGNIZES THE
GENTLEMAN FROM GEORGIA.
THANK YOU VERY
MUCH, MADAM CHAIRMAN.
MY AMENDMENT'S A VERY
STRAIGHTFORWARD AMENDMENT.
BEFORE I ACTUALLY TALK ABOUT THE
TEXT OF IT I'LL WANT TO SPEAK
ABOUT THE REAL ACCOMPLISHMENT OF
MY FRIEND FROM GEORGIA WHO IS
THE SPONSOR OF THE UNDERLYING
LEGISLATION, H.R. 5.
"WASHINGTON TIMES" DID AN
ARTICLE ON THIS CONGRESS AND
CALLED IT ONE OF THE MOST
INEFFECTIVE CONGRESSES IN
HISTORY BECAUSE THEY LOOK AT HOW
MANY LAWS WE PASSED.
BUT THEN THEY WENT ON AND LOOKED
AT HOW MANY DAYS OF DEBATE WE
HAD.
HOW MANY VOTES WE HAD.
HOW MANY ISSUES THAT WERE
IMPORTANT TO THE AMERICAN PEOPLE
HAVE WE BEEN ABLE TO EXPOSE IN
THIS CONGRESS THAT WE HAVE NOT
BEEN ABLE TO EXPOSE IN CONGRESS
BEFORE CONGRESS BEFORE CONGRESS
BEFORE CONGRESS IN THE PAST.
AND MADAM CHAIR, THAT'S WHAT WE
HAVE TODAY.
THIS BILL INTRODUCED BY MY GOOD
FRIEND FROM GEORGIA, GIVES THE
AMERICAN PEOPLE AN OPPORTUNITY
TO DISCUSS SOMETHING THAT IS ON
EVERY SINGLE FAMILY'S MIND IN
THIS COUNTRY WHEN IT COMES TO
HEALTH CARE, AND THAT IS
CONTROLLING THE COST OF MEDICAL
MALPRACTICE LITIGATION.
IN THIS BODY I'M SURE WE COULD
DISAGREE ABOUT THE MYRIAD WAYS
THERE ARE TO CONTROL IT, BUT WE
CAN AGREE I SUSPECT, MAN AND
WOMAN, DEMOCRAT AND REPUBLICAN,
IT HAS TO BE CONTROLLED.
I THANK MY FRIEND FROM GEORGIA
FOR HAVING THE COURAGE AND
STICK-TO-ITIVENESS TO BRING THIS
BILL TO THE FLOOR AFTER SO MANY
YEARS OF SILENCE ON THIS ISSUE.
MADAM CHAIR, MY AMENDMENT SIMPLY
STRIKES THE FINDINGS SECTIONS OF
THE BILL.
AS YOU KNOW FINDINGS ARE
NONBINDING PARTS OF THE
LEGISLATION THAT SPEAK TO THE
INTENT OF CONGRESS.
THIS ISSUE THAT IS AGAIN SUCH A
PASSIONATE ONE, NOT JUST FOR THE
435 MEMBERS OF THIS HOUSE, BUT
FOR THE 300 MILLION AMERICANS
ACROSS THIS COUNTRY, I CHOOSE TO
LET THE LEGISLATION SPEAK FOR
ITSELF.
THIS LEGISLATION HAS BEEN CARVED
OUT WITH STATE'S RIGHTS
PROVISIONS IN IT TO MAKE SURE
THAT STATES HAVE THE FLEXIBILITY
THAT THEY NEED.
IT'S BEEN CARVED OUT WITH THE
INPUT OF PHYSICIANS FROM
ATTORNEYS, FROM FAMILIES, FROM
PROVIDERS, ALL ACROSS THE BOARD.
SO MY AMENDMENT, MADAM SPEAKER,
WOULD NOT CHANGE THE SUBSTANCE
OF THE BILL BUT SIMPLY ELIMINATE
THE FINDINGS SECTION TO ALLOW
THE SUBSTANCE OF THE BILL TO
SPEAK FOR ITSELF.
WITH THAT I RESERVE THE BALANCE
OF MY TIME.
THE GENTLEMAN
RESERVES THE BALANCE OF HIS
TIME.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM MICHIGAN SEEK
RECOGNITION?
I RISE IN
OPPOSITION TO THE WOODALL
AMENDMENT.
THE GENTLEMAN IS
RECOGNIZED FOR FIVE MINUTES.
I THANK THE
SPEAKER.
WE ARE STRIKING THE FINDINGS BY
STRIKING STATEMENTS OF
CONSTITUTIONAL AUTHORITY FOR THE
BILL, THE AMENDMENT RECOGNIZES
THAT MANY MEMBERS OF THE HOUSE
QUESTION CONGRESS'
CONSTITUTIONAL AUTHORITY TO PASS
H.R. 5.
SO FOR THAT REASON MY
COLLEAGUES, THE FINDINGS ARE ALL
IMPORTANT.
OF STATES' RIGHTS
OUGHT TO TAKE THE NEXT STEP AND
ELIMINATE THE SECTION OF THE
BILL THAT PREEMPTS STATE LAW.
INDEED, MANY SUPPORTERS OF THE
UNDERLYING BILL SPENT YEARS
ARGUING THE DECISIONS ABOUT
HEALTH CARE ARE FUNDAMENTALLY
PREROGATIVES OF THE STATE.
AND SO I HAVE ONLY 18
CONSERVATIVE OR REPUBLICAN
SCHOLARS AND LEADERS THAT AGREE
WITH ME THAT INCLUDE THE
HERITAGE FOUNDATION, I'LL PUT
ALL THESE IN THE RECORD, THE
VIRGINIA ATTORNEY GENERAL, MR.
CUCHE NELLIE -- CUCCINELLI, THE
CONSTITUTIONAL LAW PROFESSOR AT
GEORGETOWN LAW CENTER, THE
DISTINGUISHED SENATOR FROM
MR. COBURN, OUR
COLLEAGUES, AND I'M PROUD OF
JUDGE TED POE OF TEXAS.
OUR COLLEAGUE FROM NEBRASKA, LEE
TERRY.
FORMER JUDGE LOUIE GOHMERT IN
PARTICULAR.
RON PAUL.
ALL -- THE FOUNDER OF THE TEA
PARTY NATION, JUDSON PHILIPS.
IT GOES ON AND ON WHERE WE ARE
ALL IN AGREEMENT THAT THE
FINDINGS ARE INDEED CRITICAL AND
OUGHT TO BE LEFT IN THE BILL.
TO TAKE THE FINDINGS OUT IS
INCREDIBLE BECAUSE WE SAY THAT
THE FEDERAL GOVERNMENT SHOULDN'T
BE INVOLVED.
IT'S A STATE MATTER.
AND TORT LAW IS ITSELF A STATE
MATTER.
SO FOR THOSE REASONS, MADAM
SPEAKER, I AM PLEASED TO
REPRESENT A BIPARTISAN GROUP OF
MEMBERS AND SCHOLARS THAT VERY
STRENUOUSLY OBJECT TO THE
FINDINGS BEING REMOVED IN THIS
WOODALL AMENDMENT.
I RETURN THE BALANCE OF MY TIME.
DOES THE GENTLEMAN
TIME?
YIELD BACK THE BALANCE OF HIS
YES, MA'AM.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE GENTLEMAN FROM GEORGIA.
COULD I INQUIRE HOW
MUCH TIME I HAVE REMAINING?
THE GENTLEMAN FROM
GEORGIA HAS THREE MINUTES
REMAINING.
I YIELD MYSELF SUCH
TIME AS I MAY CONSUME.
THE GENTLEMAN IS
RECOGNIZED.
TO SAY THAT AS A
FRESHMAN IN THIS BODY, MADAM
CHAIR, I HAVE HAD TO LEARN A FEW
THINGS.
OVER 15 MONTHS HERE SERVING IN
THIS BODY.
WHAT I HAVE LEARNED IS THAT I
HAVEN'T BEEN ABLE TO GET EVERY
BILL THAT I WANT OUT OF THIS
HOUSE THE EXACT WAY I WANT IT
WHEN IT LEAVES HERE.
IT'S BEEN MUCH TO MY CHAGRIN.
I THOUGHT I WAS GOING TO BE ABLE
TO COME HERE AND MAKE EVERY BILL
BE PERFECT BEFORE IT LEAVES
HERE.
ONLY CAN I NOT MAKE IT
PERFECT BEFORE IT GOES BUT THEN
I HAVE TO DEAL WITH THE UNITED
STATES SENATE.
THAT'S PROVED TO BE THE MOST
COMPLICATED PART OF THIS
PROCESS.
THERE ABSOLUTELY, AS THE
GENTLEMAN HAS HITSED, FOLKS WHO
HAVE CONCERNS -- LISTED, FOLKS
WHO HAVE CONCERNS ABOUT THE
UNDERLYING NATURE OF THIS BILL,
BUT IF NOT FOR THIS GINGREY
BILL, WE WOULDN'T BE ABLE TO
HAVE THIS CONVERSATION AT ALL.
IF NOT FOR THE COURAGE OF FOLKS
TO STEP OUT ON THE LEDGE AND
BEGIN THIS CONVERSATION, WE
WOULDN'T BE ABLE TO HAVE IT AT
ALL.
IF WE ARE TO ADVANCE THE CAUSE
OF LITIGATION REFORM IN THIS
COUNTRY, IF WE ARE TO CONTROL
THE INACCESSIBILITY OF HEALTH
CARE THAT COMES FROM RISING
COSTS, THEN WE HAVE TO BE
WILLING TO COME TO THE FLOOR OF
THIS HOUSE AND HAVE THE KIND OF
DEBATES THAT MY FRIEND FROM
GEORGIA HAS MADE POSSIBLE TODAY.
THAT'S TRUE.
I MAY DISAGREE WITH SOME OF THE
WAYS THAT WE HAVE GOTTEN HERE.
BY STRIKING THE FINDINGS, WE
MAKE NO CONCLUSIONS TODAY ABOUT
WHY WE ARE HERE, BUT WE MAKE THE
CERTAIN CONCLUSION TODAY IF WE
DON'T BEGIN THIS PROCESS, WE
WILL NEVER BRING IT TO
CONCLUSION.
IF WE DON'T HAVE THIS DISCUSSION
TODAY, MADAM SPEAKER, WE WILL
NEVER SOLVE THESE ISSUES.
I WOULD BE HAPPY TO YIELD TO THE
RANKING MEMBER.
I THANK YOU FOR
YOUR COURTESY.
AS A NEW MEMBER AS YOU -- AND WE
WELCOME YOU TO THIS BODY, WHY
WOULD WE STRIKE ALL THE FINDINGS
FROM H.R. 5?
RECLAIMING MY TIME.
I THANK THE RANKING MEMBER FOR
HIS QUESTION.
AND THAT'S A GOOD WAY TO
CONCLUDE, MADAM CHAIR.
THE REASON IS, BECAUSE THE
ITSELF.
LANGUAGE OF THE BILL SPEAKS FOR
THE LANGUAGE OF THE BILL SPEAKS
FOR ITSELF.
WHEN THIS BILL PASSES THE HOUSE
TODAY, MADAM CHAIR, WE WILL HAVE
THE U.S. HOUSE OF
REPRESENTATIVES ON RECORD ABOUT
SOLUTIONS TO THE MALPRACTICE
CHALLENGES THAT FACE THIS
NATION.
THERE IS NO NEED TO BE ON THE
RECORD TODAY, MADAM CHAIR, ABOUT
ALL OF THE DIFFERENT WAYS THAT
WE GOT HERE, BECAUSE I MIGHT
DISAGREE WITH MY FRIEND FROM
GEORGIA ABOUT HOW WE GOT HERE.
I WOULD CERTAINLY DISAGREE WITH
MY FRIEND FROM MICHIGAN ABOUT
HOW WE GOT HERE.
BUT WHAT IS IMPORTANT IS THAT WE
BEGIN TO TAKE THOSE STEPS
FORWARD, MADAM CHAIR, AND WITH
THE REMOVAL OF THESE FINDINGS,
WE ARE GOING TO BE ABLE TO LET
THAT LANGUAGE STAND ON ITS FACE
FOR THIS HOUSE TO HAVE THE FREE
AND OPEN DEBATE I'M LOOKING
FORWARD TO TODAY.
DOES IT PREEMPT
STATE LAW?
MAINTAINING MY
TIME, MADAM CHAIR, I YIELD BACK
THE BALANCE OF MY TIME.
ALL TIME HAVING
EXPIRED.
THE QUESTION IS ON THE AMENDMENT
OFFERED BY THE GENTLEMAN FROM
GEORGIA.
SO MANY AS ARE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
AYES HAVE IT.
IN THE OPINION OF THE CHAIR, THE
THE AYES HAVE IT.
THE AMENDMENT IS AGREED TO.
THE GENTLEMAN FROM MICHIGAN.
MADAM SPEAKER, MAY
WE HAVE A RECORD VOTE ON THIS
AMENDMENT.
THE GENTLEMAN HAS
REQUESTED A RECORD VOTE.
PURSUANT TO CLAUSE 6 OF RULE 18,
FURTHER PROCEEDINGS ON THE
AMENDMENT OFFERED BY THE
GENTLEMAN FROM GEORGIA WILL BE
POSTPONED.
IT IS NOW IN ORDER TO CONSIDER
28 PRINTED IN
HOUSE REPORT 112-416.
FOR WHAT PURPOSE DOES THE
GENTLEWOMAN FROM OREGON RISE?
I HAVE AN
AMENDMENT AT THE DESK.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 2,
PRINTED IN HOUSE REPORT NUMBER
112-416, OFFERED BY MISS BONNA
BEACHY OF -- MS. BONAMICI OF
OREGON.
THE GENTLEWOMAN FROM
OREGON, MISS BONAMICI, AND A
MEMBER OPPOSED WILL EACH CONTROL
FIVE MINUTES.
THE CHAIR RECOGNIZES THE
GENTLEWOMAN FROM OREGON.
IT SIMPLY
REQUIRES THE SECRETARY OF HEALTH
AND HUMAN SERVICES TO SUBMIT
EVERY REPORT TO CONGRESS
DETAILING THE EFFECT THAT THE
TORT REFORM PROVISIONS IN THIS
BILL WOULD HAVE ON HEALTH CARE
PREMIUMS.
AND DELAY THE EFFECTIVE DATE OF
TITLE 1 OF THE BILL UNTIL THAT
REPORT IS SUBMITTED.
FOR YEARS PROPONENTS OF TORT
REFORM HAVE TRIED TO CONVINCE
AMERICANS THAT SKYROCKETING
HEALTH CARE COSTS HAD ENTIRELY
ATTRIBUTABLE TO RUN AWAY JURY
AWARDS AND GREEDY PLAINTIFFS.
THEY CITE ANECDOTES ABOUT
DOCTORS CLOSING THEIR PRACTICE,
REFUSING TO DELIVER BABIES OR
PERFORMING SURGERY.
BUT MADAM CHAIR, WE SHOULD NOT
BE MAKING FEDERAL POLICY BASED
ON ANECDOTES.
IF RECENT RESEARCH IS ANY
INDICATION, THE REPORT THAT THE
SECRETARY SMITS TO CONGRESS
UNDER THIS AMENDMENT IS UNLIKELY
TO FIND THAT THE BILL HAVE ANY
.
MEANINGFUL EFFECT ON HEALTH CARE
PREMIUMS.
ADOPTING BILLS SIMILAR TO THOSE
FOUND WILL NOT IMPACT THE COST
OF HEALTH CARE NOR DO ACCESS TO
PROVIDERS HAVE IMPROVED.
CAPPING DAMAGES WILL DRIVE DOWN
THE COST OF MEDICAL MALPRACTICE
AMERICANS AND DOCTORS WILL PASS
THIS SAVINGS ON TO PATIENTS.
BUT TWO YEESHES AGO THE C.B.O.
FOUND THAT MALPRACTICE
INSURANCE PREMIUMS, SETTLEMENTS
AND AWARDS ACCOUNT FOR JUST A
TINY FRACTION OF TOTAL HEALTH
CARE EXPENDITURES.
IN 27 STATES WHERE DAMAGES HAD
BEEN CAPPED, MEDICAL
MALPRACTICE PREMIUMS WERE NOT
LOWER THAN STATES WITHOUT CAPS.
MY AMENDMENT ASKS FOR DATA ON
HOW THIS WILL IMPACT THE COST
OF HEALTH CARE FOR ALL
AMERICANS.
NOW, I WANT TO BE VERY CLEAR,
NO ONE SHOULD BE COMPENSATED
FOR A FRIVOLOUS LAWSUIT, BUT
THERE ARE WAYS TO ADDRESS
FRIVOLOUS LAWSUITS WITHOUT
INFRINGING ON THE RIGHTS OF
THOSE WHO TRULY HAVE BEEN
INJURED BY MEDICAL MISTAKES.
WHAT THIS BILL DOES ACCOMPLISH
OUGHT TO FRIGHTEN ANYONE WHO
BELIEVES IN THE RIGHTS OF
STATES TO GOVERN THEMSELVES AND
THE RIGHTS OF INDIVIDUALS TO BE
COMPENSATED FOR LOSS.
THIS BILL TRAMPLES OVER THE
RIGHTS OF STATES TO ENACT LAWS
GOVERNING THEIR OWN TORT
SYSTEMS AND IT SEVERELY
RESTRICTS INDIVIDUALS' RIGHTS
TO BE COMPENSATED FOR ALL THE
LOSSES CAUSED BY THEIR HEALTH
CARE PROVIDERS.
IN MY HOME STATE OF OREGON, FOR
EXAMPLE, OUR SUPREME COURT HAS
HELD THAT MOST STATUTORY CAPS
ON NONECONOMIC DAMAGES ARE
UNCONSTITUTIONAL.
AND OREGON IS NOT ALONE.
AT LEAST 12 OTHER STATES HAVE
SOME CONSTITUTIONAL PROHIBITION
AGAINST THESE TYPES OF
RESTRICTIONS.
THIS BILL NOT ONLY OVERRIDES
STATE LAWS AND CONSTITUTIONS
GOVERNING PUNITIVE AND
NONECONOMIC DAMAGE AWARDS.
IT ALSO ADDRESSES STATES'
STATUTE OF LIMITATIONS,
PLEADING STANDARDS, ATTORNEY
FEE PROVISIONS AND JOINT
LOIBLET, BUT IT DOES NOT STOP
-- JOINT LIABILITY, BUT IT DOES
NOT STOP THERE.
ALTHOUGH THIS IS SUPPOSED TO BE
MEDICAL MALPRACTICE REFORM, IT
INCLUDES PRODUCT LIABILITY
CASES AGAINST DRUG AND DEVICE
MANUFACTURERS, BAD FAITH CLAIMS
AGAINST H.M.O.'S AND INSURANCE
COMPANIES AND NEGLIGENT SUITS
AGAINST NURSING HOMES AND IT
WOULD TAKE AWAY ALL OF THESE
STATE AND INDIVIDUAL RIGHTS
WITHOUT EVIDENCE OF DOING SO
WOULD LOWER THE PREMIUMS FOR
AMERICANS.
THIS IS AN UNWARRANTED
INTRUSION AND PERSONAL LIBERTY
AND A GIVEAWAY TO INSURANCE
COMPANIES, SO WE SHOULD KNOW IF
IT'S GOING TO LOWER HEALTH CARE
PREMIUMS.
IF THIS CONGRESS IS GOING TO
ENACT A SWEEPING BILL,
NULLIFYING LONG-STANDING STATE
LAW AND TRAVELING ON STATES'
CONSTITUTIONAL RIGHTS, IT'S NOT
OURSELVES HOW
FAMILIES.
THIS WILL AFFECT AMERICAN
THIS AMENDMENT SIMPLY REQUIRES
THE SECRETARY OF HEALTH AND
HUMAN SERVICES TO SUBMIT A
REPORT TO CONGRESS WITH THAT
INFORMATION BEFORE TITLE 1 OF
THIS BILL TAKES EFFECT.
A REASONABLE REQUIREMENT.
I RESERVE THE BALANCE OF MY
TIME.
THANK YOU, MADAM CHAIR.
THE GENTLELADY FROM
HER TIME.
OREGON RESERVES THE BALANCE OF
THE GENTLEMAN FROM GEORGIA.
MADAM CHAIRMAN, I
RISE IN OPPOSITION TO THE
BONAMICI AMENDMENT.
THE GENTLEMAN FROM
GEORGIA IS RECOGNIZED FOR FIVE
MINUTES.
I RISE IN
OPPOSITION TO THE BONAMICI
AMENDMENT BECAUSE IT WOULD
INDEFINITELY DELAY CRITICAL
MEDICAL LIABILITY REFORMS THAT
WILL SAVE AMERICAN TAXPAYERS
TENS OF BILLIONS OF DOLLARS AND
SAVE OUR HEALTH CARE SYSTEM
UPWARDS OF $200 BILLION A YEAR
IN UNNECESSARY SPENDING.
THE AMENDMENT BEFORE US WOULD
DELAY ENACTMENT OF THE TORT
REFORM OUTLINE IN H.R. 5 UNTIL
THE SECRETARY OF HEALTH AND
HUMAN SERVICES WOULD SUBMIT A
REPORT.
HOWEVER, THE AMENDMENT DOES NOT
REQUIRE THE SECRETARY TO
PRODUCE A REPORT BY A DATE
CERTAIN.
IN FACT, THE SECRETARY COULD
SIMPLY CHOOSE TO NEVER ISSUE A
REPORT AND FOR EVER DELAY THE
REFORMS AT THE HEART OF THIS
UNDERLYING BILL.
REGARDLESS OF WHAT ONE THINGS
ABOUT H.R. 5, I DO NOT BELIEVE
IT IS APPROPRIATE TO VEST THE
SECRETARY OF HEALTH AND HUMAN
SERVICES WITH THE AUTHORITY TO
PERMANENTLY BLOCK ENACTMENT OF
A LAW BASED ON THE INABILITY TO
PRODUCE A REPORT.
I REALIZE THERE ARE SOME WHO
MIGHT DISAGREE BECAUSE THEY
WOULD LIKE TO PROVIDE THE
SECRETARY WITH THE AUTHORITY
UNDER IPAB TO UNILATERALLY
DICTATE THE MEDICAL CHOICES OF
SENIORS.
GIVEN THE TRACK RECORD OF THIS
ADMINISTRATION ON LIABILITY
REFORM AND THEIR FAILURE TO
ADDRESS THE ISSUES IN
OBAMACARE, H.H.S. SHOULD NOT BE
GIVEN THE POWER TO BOB AND
WEAVE ON THIS ISSUE ONCE AGAIN.
I DO FIND THE AMENDMENT
SOMEWHAT IRONIC AND I ACTUALLY
WISH THE AUTHOR OF THE
AMENDMENT WAS IN CONGRESS
DURING DEBATE OVER PPACA.
MAYBE IF WE HAD THIS TYPE OF
WOULD NOT BE
SADDLED WITH THE LAW THAT IS
TAKING AWAY PEOPLE'S HEALTH
CARE CHOICES AND RISING THEIR
HEALTH CARE PREMIUMS.
WE WERE PROMISED THAT THE LAW
WOULD REDUCE HEALTH CARE
PREMIUMS BY $,500 A YEAR.
DURING DEBATE OF PPACA WE KNEW
THAT WAS TRUE AND C.B.O. TOLD
CONGRESS IT WAS NOT TRUE.
WHAT WAS COMMON SENSE IS COMING
TO FRUITION NOW.
THE LAW HAS GIVEN US A $1
BILLION NEW BUREAUCRACY AND IS
FUELING EVER INCREASING HEALTH
CARE AND PREMIUM COSTS.
IN THIS CASE, MADAM CHAIRMAN,
THIS AMENDMENT IS NOT NEEDED
BECAUSE WE HAVE SEEN THAT REAL
MEDICAL LIABILITY REFORM CAN
AND WILL REDUCE COSTS.
IT WILL STOP THE VICIOUS CYCLE
OF FRIVOLOUS LAWSUITS AND
DEFENSIVE MEDICINE.
IT WILL MAKE OUR HEALTH CARE
SYSTEM MORE EFFICIENT AND WILL
ACTUALLY REDUCE UNNECESSARY
SPENDING IN THE HEALTH CARE
SYSTEM, ANOTHER THING THE
HEALTH CARE LAW FAILED TO DO.
NEED THIS AMENDMENT.
WITH THAT, MADAM CHAIRMAN --
MADAM SPEAKER, I WILL YIELD ONE
MINUTE TO THE DISTINGUISHED
MAJORITY LEADER, THE GENTLEMAN
FROM VIRGINIA, MR. CANTOR.
THE MINORITY LEADER
FROM VIRGINIA IS RECOGNIZED.
THANK YOU, MADAM
CHAIR, AND I THANK THE
GENTLEMAN.
MADAM CHAIR, I RISE IN
OPPOSITION TO THIS AMENDMENT
WHICH WOULD SIMPLY DELAY THE
IMPLEMENTATION OF WHAT WE KNOW
IS A COST-SAVINGS MEASURE TO SO
MANY MILLIONS OF SENIORS AND SO
MANY MILLIONS OF AMERICANS.
NOT JUST SENIORS.
MADAM CHAIR, TODAY WE WILL VOTE
TO REPEAL ONE OF PPACA'S MOST
HARMFUL PROVISIONS, THE
INDEPENDENT PAYMENT ADVISORY
BOARD.
IPAB IS EMBLEM ATTIC OF THE TWO
-- EMBLEMATIC OF THE TWO
PROVISIONS ABOUT THE PATH TO
QUALITY CARE AND HOW TO CONTROL
COSTS IN OUR HEALTH CARE
SYSTEM.
MADAM CHAIR, THE PRESIDENT AND
HIS PARTY WANTED A CENTRALIZED
BOARD OF BUREAUCRATS TO CONTROL
DECISIONS ABOUT HOW HEALTH
CARE'S ALLOCATED TO OUR
NATION'S SENIORS.
HE PROPOSES TO RESTRICT HEALTH
CARE CHOICES IN ORDER TO LOWER
COSTS.
MADAM CHAIR, OUR AMERICAN
SYSTEM OF FREE ENTERPRISE AND
INNOVATION AND INGENUITY HAS
MADE OUR HEALTH CARE CENTER THE
BEST IN THE WORLD.
OUR DOCTORS TRANSFORM DIRE
HEALTH CARE CONDITIONS INTO
PROMISING OUTCOMES AND
HEALTHIER LIVES.
WE PRODUCE THE WORLD'S
LIFE-SAVING DRUGS, DISEASE
PREVENTION REGIMENTS, BIOLOGICS
AND DEVICES, BUT IPAB
HAMSTRINGS THE BEST AVAILABLE
CARE FOR OUR SENIORS BY IMPOSES
ARTIFICIAL CONSTRAINTS,
ARBITRARY CONSTRAINTS ON COSTS.
NEITHER THE PRESIDENT NOR
CONGRESSIONAL DEMOCRATS HAVE
PROPOSED A SOLUTION TO
MEDICARE.
INSTEAD, THE PRESIDENT GIVES 15
BUREAUCRATS THE POWER TO MAKE
FUNDAMENTAL DECISIONS ABOUT THE
CARE THAT SENIORS WILL HAVE
ACCESS TO.
NOT TO BE DETERRED, THE
PRESIDENT HAS PROPOSED
EXPANDING THIS BOARD NUMEROUS
TIMES OVER THE PAST YEAR,
VASTLY GROWING THE BOARD'S
SCOPE AND ABILITY TO FIX PRICES
AND ULTIMATELY RATION CARE FOR
OUR NATION'S SENIORS.
MADAM CHAIR, THE PRESIDENT AND
I DO AGREE ON THIS -- THE
CURRENT MEDICARE REIMBURSEMENT
SYSTEM IS BROKEN, BUT WE DO NOT
NEED A BOARD OF UNELECTED
BUREAUCRATS TO CONTROL COSTS.
AS WE HAVE PROPOSED TODAY,
THERE IS A BETTER PATH FORWARD.
DURING THE HEALTH CARE DEBATE,
THE PRESIDENT AGREED WITH OUR
NATION'S DOCTORS THAT DEFENSIVE
MEDICINE PRACTICES ARE DRIVING
UP COSTS.
YET, MEANINGFUL MEDICAL
LIABILITY REFORM WAS NOT
INCLUDED IN THE 2,000-PAGE
HEALTH CARE LAW.
MADAM CHAIR, AS MY COLLEAGUES
HAVE PROPOSED TODAY, WE CAN
MODEL MEDICAL LIABILITY REFORMS
ON STATE-BASED LAWS.
CALIFORNIA, TEXAS AND VIRGINIA
HAVE ALL IMPLEMENTED WORKING
SOLUTIONS THAT DRIVE DOWN THE
COST OF CARE.
WE CAN EVEN PROPOSE MORE
CREATIVE MEDICAL LIABILITY
REFORM SOLUTIONS.
WE ARE ALWAYS OPEN TO NEW IDEAS
AND SUGGESTIONS BUT NOT DELAY.
MOVING FORWARD WITH COMMONSENSE
MEDICAL LIABILITY REFORMS WILL
MEAN THAT DOCTORS CAN CONTINUE
SERVING PATIENTS.
IT MEANS THAT INJURED PATIENTS
WILL BE COMPENSATED MORE
QUICKLY AND FAIRLY.
IT MEANS HEALTH CARE COSTS WILL
GO DOWN.
MADAM CHAIR, YOU DON'T NEED A
NEW RATIONING BOARD TO SAVE $3
BILLION.
YOU SIMPLY NEED TO ENACT
LIABILITY REFORM POLICIES THAT
ARE SO COMMON SENSE IN STATES
LIKE CALIFORNIA AND OTHERS THAT
DECADES.
HAVE HAD THEM ON THE BOOKS FOR
WHEN THE ENTIRE MEDICAL
COMMUNITY STANDS OPPOSED TO AN
WOULD HOPE THAT OUR
COLLEAGUES ON THE OTHER SIDE OF
THE AISLE AND THE PRESIDENT
WOULD LISTEN.
OBAMA CARE'S IPAB IS NOT THE
SOLUTION OUR SENIORS ARE
EXPECTING US TO DELIVER.
OUR SENIORS DESERVE BETTER.
MADAM CHAIR, I THANK DR. PHIL
ROW GINGREY FOR SPONSORING THE
REPEAL OF IPAB ACT.
UNDER THEIR LEADERSHIP, OUR
HOUSE COMMITTEES ARE ADVANCING
POLICIES THAT WILL DELIVER THE
QUALITY OF HEALTH CARE THE
AMERICAN PEOPLE DESERVE.
AND WITH THAT I YIELD BACK.
THE DISTINGUISHED
MAJORITY LEADER YIELDS BACK HIS
TIME.
THE GENTLELADY FROM OREGON IS
RECOGNIZED AND IS ADVISED SHE
HAS ONE MINUTE, 15 SECONDS
REMAINING.
MADAM CHAIR, I'D
LIKE TO YIELD 15 SECONDS TO MY
COLLEAGUE FROM MICHIGAN.
THE GENTLEMAN FROM
MICHIGAN IS RECOGNIZED FOR 15
SECONDS.
I THANK YOU SO
MUCH.
THE FACTS INTO THIS
DEBATE, I RISE IN STRONG
SUPPORT OF THE BONAMICI
AMENDMENT AND ASK UNANIMOUS
CONSENT TO PUT INTO THE RECORD
THE CONGRESSIONAL BUDGET OFFICE
LETTER TO CHAIRMAN DREIER,
MARCH 19, IN WHICH THE C.B.O.
ESTIMATES THAT ENACTING THE
PROVISION WOULD INCREASE THE
DEFICIT -- COULD I HAVE FIVE
MORE SECOND?
YES, I YIELD FIVE
MORE SECONDS.
WOULD INCREASE THE
DEFICIT IF YOU USE IPAB BY $3.1
BILLION.
THE GENTLEMAN'S TIME
HAS EXPIRED AND WE'RE OPERATING
UNDER GENERAL LEAVE.
THE GENTLEMAN FROM GEORGIA.
MADAM CHAIR, I
RESPECT MY COLLEAGUE FROM
OREGON, AND I KNOW SHE'S WELL
MEANING AND WELL THOUGHTFUL,
BUT I MUST OPPOSE HER AMENDMENT
AND AT THAT TIME I URGE MY
COLLEAGUES TO VOTE AGAINST THE
AMENDMENT AND I'LL RESERVE THE
REMAINING BALANCE OF MY TIME.
THE GENTLEMAN
RESERVES.
THE GENTLELADY FROM OREGON.
THANK YOU.
MADAM CHAIR, THIS IS A
REASONABLE AMENDMENT.
IT SIMPLY ASKS BEFORE WE MAKE
SWEEPING FEDERAL POLICY THAT
OVERRIDES STATE AND INDIVIDUAL
RIGHTS WE KNOW WHAT WE'RE
GETTING IN RETURN.
I URGE MY COLLEAGUES TO SUPPORT
THIS VERY REASONABLE AMENDMENT.
THANK YOU, MADAM CHAIR, AND I
THE GENTLELADY
YIELD BACK ANY TIME.
YIELDS BACK HER TIME.
THE GENTLEMAN FROM GEORGIA.
MADAM CHAIR, I
YIELD BACK THE BALANCE OF MY
TIME AS WELL.
ALL TIME HAVING BEEN
YIELDED BACK, THE QUESTION IS
ON THE AMENDMENT OFFERED BY THE
GENTLELADY FROM OREGON.
THOSE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR,
THE NOES HAVE IT.
THE NOES HAVE IT.
THE AMENDMENT IS NOT AGREED TO.
THE GENTLELADY FROM OREGON.
MADAM CHAIR, I'D
LIKE TO REQUEST A RECORDED
VOTE.
A RECORDED VOTE IS
REQUESTED.
PURSUANT TO CLAUSE 6 OF RULE
18, FURTHER PROCEEDINGS ON THE
AMENDMENT OFFERED BY THE
GENTLELADY FROM OREGON WILL BE
POSTPONED.
THE CHAIR UNDERSTANDS THAT
AMENDMENT NUMBER 3 WILL NOT BE
OFFERED.
AND IT'S NOW IN ORDER TO
CONSIDER AMENDMENT NUMBER 4
PRINTED IN HOUSE REPORT 112-
416.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM PENNSYLVANIA
SEEK RECOGNITION?
MADAM CHAIR, I RISE
FOR THE PURPOSE OF OFFERING AN
AMENDMENT.
CLERK.
AMENDMENT NUMBER 4
PRINTED IN HOUSE REPORT 112-416
OFFERED BY MR. DENT OF
PENNSYLVANIA.
PURSUANT TO HOUSE
RESOLUTION 591, THE GENTLEMAN
FROM PENNSYLVANIA, MR. DENT,
AND A MEMBER OPPOSED, WILL EACH
CONTROL FIVE MINUTES.
GENTLEMAN FROM PENNSYLVANIA.
THE CHAIR RECOGNIZES THE
I'M GLAD TO SUPPORT
AN IMPORTANT AMENDMENT THAT
WOULD ADDRESS THE CRISIS IN
ACCESS TO EMERGENCY CARE BY
EXTENDING LIABILITY COVERAGE TO
ONCALL AND EMERGENCY ROOM
PHYSICIANS.
THE UNDERLYING BILL WE'RE
DEBATING HERE TODAY IS ABOUT
PATIENT ACCESS TO CARE.
NOW, I RECOGNIZE THAT THE
IDEOLOGY MAY DIVIDE THE HOUSE
ON THE COMMON BILL, BUT THIS
SHOULD UNITE THE HOUSE.
BART GORDON OF TENNESSEE
SUPPORTED THIS LAST YEAR.
MR. LANGEVIN, MR.
RUPP ERSBERGER, ALL
CO-SPONSORED -- MR.
RUPPERSBERGER, ALL CO-SPONSORED
THIS AMENDMENT.
THEY CO-SPONSORED THE ORIGINAL
BILL.
THERE IS A GROWING SHORTAGE OF
PHYSICIANS AND SPECIALISTS
WILLING TO WORK IN EMERGENCY
ROOMS.
COUNTRY.
WE'VE SEEN IT ALL OVER THE
A 2006 INSTITUTE OF MEDICINE
REPORT, THE FUTURE OF EMERGENCY
CARE, NOTED THE AVAILABILITY OF
ONCALL SPECIALISTS IS AN ACUTE
PROBLEM IN EMERGENCY
DEPARTMENTS AND TRAUMA CENTERS.
EMERGENCY AND TRAUMA CARE IS
DELIVERED IN AN INHERENTLY
TRYING ENVIRONMENT.
PHYSICIANS PROVIDING EMERGENCY
CARE MAKE LIFE AND DEATH
DECISIONS WITH LITTLE
INFORMATION OR TIME ABOUT THE
PATIENTS THEY'RE TREATING.
YOU KNOW, I'VE SPOKEN WITH
SURGEONS WHO'VE TOLD ME THEY
DREAD A COLD BLUE OUT OF FEAR,
OUT OF FEAR OF LAWSUIT.
THEY WANT TO SERVE THESE PEOPLE
WHO ARE COMING INTO THESE
EMERGENCY CENTERS BUT ARE
FEARFUL FOR THEIR FAMILIES
ABOUT A LAWSUIT.
THAT'S WHAT MEDICINE HAS
BECOME, UNFORTUNATELY, BECAUSE
OF THIS OUT-OF-CONTROL
LITIGATION SYSTEM.
YOU KNOW, AS A RESULT, THESE
PHYSICIANS PROVIDING EMERGENCY
AND TRAUMA CARE FACE
EXTRAORDINARY EXPOSURE TO
MEDICAL LIABILITY CLAIMS.
40% OF HOSPITALS SAY THE
LIABILITY SITUATION HAVE
RESULTED IN LESS PHYSICIAN
COVERAGE FOR THEIR EMERGENCY
DEPARTMENTS.
ACCORDING TO A REPORT FROM THE
G.A.O., SOARING MEDICAL
LIABILITY PREMIUMS HAVE LED
SPECIALISTS TO REDUCE OR STOP
.
DEPARTMENTS.
ONCALL SERVICES TO EMERGENCY
NEURO SURGERY, ORTHOPEDICS,
GENERAL SURGERY ARE THE MOST
IMPACTED.
THEY ALSO -- THE SERVICES AND
EMERGENCY DEPARTMENTS MOST
FREQUENTLY REQUIRE.
TRAUMA CENTERS ACROSS THE
COUNTRY HAVE CLOSED.
IN MY HOME STATE IN
PENNSYLVANIA, THIS HAS BEEN A
VERY SERIOUS PROBLEM.
THIS IS AN URGENT ISSUE THAT
NEEDS TO BE ADDRESSED.
THIS AMENDMENT WOULD PROTECT
ACCESS TO EMERGENCY ROOM CARE
AND REDUCE HEALTH CARE COSTS BY
ALLOWING EMERGENCY AND ON-CALL
PHYSICIANS WHO DELIVER SERVICES
WITH MEDICAL LIABILITY
PROTECTIONS.
THE EMERGENCY MEDICAL TREATMENT
AND LABOR ACT ENSURES THAT ANY
PERSON WHO SEEKS EMERGENCY
MEDICAL CARE AT A COVERED
FACILITY IS GUARANTEED AN
APPROPRIATE SCREENING EXAMINE
AND STABILIZATION TREATMENT
BEFORE TRANSFER OR DISCHARGE,
REGARDLESS OF THEIR ABILITY TO
PAY.
IT IS A FEDERAL MANDATE THAT
PROTECTS ALL OF OUR CITIZENS,
THE INSURED AND UNINSURED ALIKE.
THIS AMENDMENT WILL PROVIDE A
BACKSTOP FOR THE DOCTORS WHO
PROVIDE THESE CRITICAL SERVICES.
SPECIFICALLY, THE AMENDMENT WILL
ENSURE MEDICAL SERVICES
FUNNISHED BY A HOSPITAL,
EMERGENCY DEPARTMENT, OR
PHYSICIAN OR ON-CALL PROVIDER
UNDER CONTRACT WITH A HOSPITAL
OR EMERGENCY DEPARTMENT PURSUANT
TO THE MANDATE PROVIDE THE SAME
LIABILITY COVERAGE CURRENTLY
EXTENDED TO COMMUNITY HEALTH
CENTERS AND HEALTH PROFESSIONALS
WHO PROVIDE MEDICAID SERVICES AT
FREE CLINICS.
THIS AMENDMENT WILL NOT IMPACT
THE RIGHTS OF INDIVIDUALS WHO
HAVE BEEN HARMED TO SEEK
REDRESS.
WHAT THIS AMENDMENT WILL DO IS
ENSURE MEDICAL PROFESSIONALS ARE
AVAILABLE TO PROVIDE CRITICAL,
TIMELY, LIFESAVING EMERGENCY AND
TRAUMA MEDICAL CARE TO ALL
AMERICANS, WHEN AND WHERE IT IS
NEEDED.
PLEASE JOIN MYSELF AND
REPRESENTATIVE SESSIONS IN
SUPPORTING THIS AMENDMENT.
AN ACCIDENT NEVER HAPPENS TO ANY
OF US, HEAVEN FORBID, WE WANT TO
BE SURE THERE ARE PEOPLE IN
THOSE EMERGENCY ROOMS READY TO
TREAT US WITH NOTHING ON THEIR
MIND BUT SAVING LIVES AND NOT
LAWSUITS.
THE GENTLEMAN
I RESERVE THE BALANCE OF MY
TIME.
RESERVES THE BALANCE OF HIS
TIME.
THE FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM MICHIGAN RISE?
I RISE IN STRONG
OPPOSITION.
THE GENTLEMAN IS
RECOGNIZED FOR FIVE MINUTES.
THANK YOU.
TO MY COLLEAGUE, MR. DENT, HOLD
UP.
YOU'RE GIVING COMPLETE IMMUNITY
TO HOSPITALS, PHYSICIANS,
PROVIDERS, FOR ANY EMERGENCY
ACTIVITY.
YOU WANT TO DO AWAY WITH ALL
LIABILITY WHATSOEVER BECAUSE
IT'S AN EMERGENCY ROOM?
OF COURSE YOU DON'T.
BUT THIS AMENDMENT REQUIRES THE
FEDERAL GOVERNMENT TO PAY FOR
THE MEDICAL ERRORS COMMITTED AND
DENIES OUR GOVERNMENT ANY
ABILITY TO ADDRESS OR REPRIMAND
THOSE WHO COMMIT MEDICAL ERRORS.
YOU DON'T WANT TO DO THAT.
YOU DON'T WANT TO GO THAT FAR.
THE FEDERAL GOVERNMENT WOULD BE
RESPONSIBLE FOR ALL OCCURRENCES
OF NEGLIGENCE IN AN EMERGENCY
ROOM.
PLEASE, 98,000 PATIENTS DIE
EVERY YEAR DUE TO PREVENTABLE
MEDICAL ERRORS.
I RESERVE THE BALANCE OF MY
TIME.
MEMBERS ARE ADVISED
TO ADDRESS THEIR REMARKS TO THE
CHAIR.
THE GENTLEMAN FROM PENNSYLVANIA.
MADAM CHAIR, VERY
MY
COLLEAGUE'S COMMENTS, I WANT TO
SAY VERY BRIEFLY THIS DOES NOT
WAIVE LIABILITY.
IT SIMPLY SAYS THAT WHEN CARE IS
FEDERALLY MANDATED UNDER EMPALA
THERE WILL BE FEDERAL LIABILITY
PROTECTION PROVIDED TO THOSE
PROVIDING THE CARE.
THAT'S ONLY FAIR.
PEOPLE STILL CAN BRING ACTION
BUT THERE WILL BE FEDERAL
LIABILITY PROTECTION AS THERE
SHOULD BE BECAUSE THIS CARE IS
BEING REQUIRED UNDER FEDERAL
LAW.
I THINK IT'S COMPLETELY
REASONABLE.
AT THIS TIME I RESERVE THE
THE GENTLEMAN
BALANCE OF MY TIME.
RESERVES.
THE GENTLEMAN FROM MICHIGAN.
BUT WHAT WE ARE
DOING IN THE AMENDMENT IS TO
PROVIDE IMMUNITY TO ALL
HOSPITALS AND PHYSICIANS.
AND REQUIRES THE FEDERAL
GOVERNMENT TO PAY FOR MEDICAL
ERRORS COMMITTED BY THEM.
LOOK, WE HAVE 98,000 PATIENTS
CURE TO
PREVENTABLE MEDICAL ERRORS.
I'M NOT SLAMMING THE DOGS AND
THE HOSPITALS.
I'M SAYING -- THE DOCS AND THE
HOSPITALS.
I'M SAYING THAT WE DON'T WANT TO
PROVIDE COMPLETE IMMUNITY.
THIS DENT AMENDMENT, MADAM
SPEAKER, DOES JUST THAT.
IT PROVIDES COMPLETE IMMUNITY
AND SO I'M ASKING MY COLLEAGUES
TO PLEASE SLOW DOWN AND REALIZE
THAT IRREPARABLE HARM DUE TO
NEGLIGENCE IN THE EMERGENCY
ROOM, AND WE'VE GOT PAGES AND
PAGES OF EXAMPLES, WOULD BE NOT
SUBJECT TO ADJUDICATION BECAUSE
OF THIS AMENDMENT.
IT'S A VERY DANGEROUS AMENDMENT.
IT GOES WAY TOO FAR.
IT'S OVERBROAD.
AND I URGE MY COLLEAGUES TO
CAREFULLY EXAMINE THE
CONSEQUENCES OF THIS PROVISION.
I RESERVE THE BALANCE OF MY
TIME.
THE GENTLEMAN
RESERVES THE BALANCE OF HIS
TIME.
THE GENTLEMAN FROM PENNSYLVANIA
HAS 30 SECONDS REMAINING.
THE ONLY THING I'D
LIKE TO SAY IN RESPONSE ONCE
AGAIN IS THIS AMENDMENT ONLY
APPLIES, IMMUNITY, ONLY PROVIDES
TO CARE PROVIDED UNDER EMPALA,
THAT'S FEDERALLY MANDATED.
EXEMPTION.
OTHERS WOULD NOT BE GIVEN THIS
AT THIS TIME I RESERVE.
ONLY FEDERALLY MANDATED CARE.
THE GENTLEMAN
RESERVES.
RECOGNIZED.
THE GENTLEMAN FROM MICHIGAN IS
HE HAS TWO MINUTES REMAINING.
THANK YOU.
MADAM SPEAKER, THIS AMENDMENT
WOULD ACTUALLY LOWER THE
INCENTIVE TO PRACTICE SAFE
MEDICINE.
AND I SAY THIS ON CAREFUL
EXAMINATION.
I'M SURPRISED THAT MY COLLEAGUE,
THE LEADER ON THE OTHER SIDE
HIMSELF.
ON THIS
PROVISION BECAUSE IT SHOWS
HOSPITALS, EVEN PHYSICIANS
ALREADY COVERED BY PRIVATE
INSURANCE, AND PHYSICIANS
WORKING IN AN EMERGENCY ROOM
SETTING, WILL NEVER BE HELD
ACCOUNTABLE WHEN THEY WRONGFULLY
INJURE THEIR PATIENT.
THAT IS MY ONLY RESERVATION AND
OBJECTION TO WHAT IS OTHERWISE
AN HONORABLY INTENDED REVISION
OF THIS MEASURE.
HOSPITALS AND EMERGENCY ROOM
DEPARTMENTS ARE NOT HELD
ACCOUNTABLE FOR MEDICAL ERRORS,
AND FOR NEGLIGENCE, THEN THEY
HAVE NO INCENTIVE TO OFFER
QUALITY CARE OR HIGHER -- HIRE
COMPETENT PHYSICIANS.
TO CAREFULLY
EXAMINE THE DANGERS IMPLIESITY
IN THE DENT-SESSIONS AMENDMENT.
I RETURN THE BALANCE OF MY TIME.
THE GENTLEMAN YIELDS
BACK THE BALANCE OF HIS TIME.
THE GENTLEMAN FROM PENNSYLVANIA
FOR HIS REMAINING 15 SECONDS.
IN CONCLUSION, THIS
AMENDMENT HAS BIPARTISAN
SUPPORT.
OUR FORMER COLLEAGUE, BART
GORDON, WAS A CO-SPONSOR.
WHO INTRODUCED THIS BILL ALONG
WITH ME LAST SESSION, MR.
LANGEVIN IS A CO-SPONSOR, MR.
RUPPERSBERGER.
IT MAKES SENSE.
MAKE SURE OUR CITIZENS HAVE
ACCESS TO EMERGENCY CARE SHOULD
THEY EVER NEED IT.
AT THIS TIME I URGE SUPPORT OF
THE AMENDMENT AND I YIELD BACK
THE BALANCE OF MY TIME.
ALL TIME HAVING BEEN
YIELDED BACK, THE QUESTION IS ON
THE AMENDMENT OFFERED BY THE
GENTLEMAN FROM PENNSYLVANIA.
SO MANY AS ARE IN FAVOR SAY AYE.
THOSE OPPOSED, NO.
IN THE OPINION OF THE CHAIR THE
AYES HAVE IT.
THE AYE VS. IT.
THE AMENDMENT IS AGREED TO --
THE AYES HAVE IT.
THE AMENDMENT IS AGREED TO.
IT IS NOW IN ORDER TO CONSIDER
AMENDMENT NUMBER 5 PRINTED IN
HOUSE REPORT NUMBER 112-416.
FOR WHAT PURPOSE DOES THE
GENTLEMAN FROM ARIZONA RISE?
I HAVE AN AMENDMENT
AT THE TABLE.
THE CLERK WILL
DESIGNATE THE AMENDMENT.
AMENDMENT NUMBER 5,
PRINTED IN HOUSE REPORT NUMBER
112-416, OFFERED BY MR. GOSAR OF
ARIZONA.
PURSUANT TO HOUSE
RESOLUTION 591, THE GENTLEMAN
FROM ARIZONA, MR. GOSAR, AND A
MEMBER OPPOSED, WILL EACH
CONTROL FIVE MINUTES.
THE CHAIR NOW RECOGNIZES THE
GENTLEMAN FROM ARIZONA FOR FIVE
MINUTES.
MADAM CHAIR, I RISE
FOE ADDRESS THE HOUSE TODAY IN
SUPPORT OF MY AMENDMENT TO H.R.
5 TO AMEND THE MCCARRAN-FERGUSON
ACT.
THIS ACT EXEMMINGTS THE BUSINESS
OF INSURANCE FROM MANY FEDERAL
ANTITRUST LAWS.
IN THIS MODERN DAY AND AGE IT IS
HARD TO SEE WHY THIS EXEMPTION
STILL PERSISTS.
ONE OF THE ORIGINAL REASONS TO
CARVE THIS EXEMPTION FOR THE
INDUSTRY DATES ALL THE WAY BACK
TO 1945, WAS THAT INSURANCE
COMPANIES NEEDED TO SHARE
ACTUARIAL INFORMATION IN ORDER
TO BALANCE RISK WHEN SETTING
PREMIUMS.
HOWEVER, SINCE 1945 OUR FEDERAL
HAS EVOLVED TO INCLUDE SAFE
HARBORS TO PREVENT COMPANIES TO
SHARE THIS DATA AS NEEDED.
I BELIEVE THE VIOLATIONS OF
ANTITRUST LAW CANNOT ALWAYS BE
ANYMORE.
DEALT WITH ON THE STATE LEVEL
AS CASH STRAPPED STATES LACK THE
RESOURCES TO ENFORCE THE LAW
AGAINST THESE LARGE MULTISTATE
INSURANCE COMPANIES.
THEREFORE IT IS TIME FOR THIS
EXEMPTION TO BE REPEALED SO WE
CAN EMPOWER HEALTH CARE
COMPANIES TO COMPETE
AGGRESSIVELY FOR THE CONSUMER
DOLLAR.
INCREASED OPTIONS EMPOWER
PATIENTS.
LOWERING THE COST OF HEALTH
INSURANCE IS A GOAL WE SHOULD
ALL SHARE AND THAT IS WHY THE
HOUSE PASSED A VERY SIMILAR
MEASURE, H.R. 4626, WITH OVER
400 VOTES IN 2010.
THERE IS ONE KEY DIFFERENCE
BETWEEN H.R. 4626 AND THIS
AMENDMENT.
A DIFFERENCE OF WHICH I AM
PROUD.
MY AMENDMENT INCLUDES A
PROHIBITION ON CLASS ACTION
LAWSUITS IN FEDERAL COURT
AGAINST THESE HEALTH INSURANCE
COMPANIES.
THE F.T.C. SHOULD HAVE THE POWER
TO INVESTIGATE BAD ACTORS IN THE
HEALTH INSURANCE INDUSTRY, BUT
IT HELPS NO ONE IF THESE
COMPANIES OR ANY AMERICAN
BUSINESSES GET MIRED IN LAWSUITS
THAT WILL COST MILLIONS.
CLASS ACTION LAWSUITS OFTEN
RESULT IN BIG BUCKS IN
ATTORNEYS' FEES FOR GREEDY TRIAL
ATTORNEYS WHILE LEAVING ONLY
PENNIES IN THE HANDS OF
PLAINTIFFS WHO WERE ALLEGEDLY
WRONGED IN THE FIRST PLACE.
FOR EXAMPLE, THE COBELL
SETTLEMENT, 15 YEARS AGO A GROUP
OF NATIVE AMERICANS SUED THE
GOVERNMENT FOR MISMANAGEMENT OF
THEIR FUNDS AND WON A $3.4
BILLION SETTLEMENT OVERWHELM TO
FIND OUT THAT THEIR ATTORNEYS
WERE PETITIONS THE JUDGE FOR
OVER $200 MILLION IN FEES.
THIS IS OUTRAGEOUS.
WHEN THE POOREST OF POOR ARE
WRONGED IN THIS COUNTRY AND
AWARDED A SETTLEMENT, THEY
SHOULDN'T HAVE TO SPLIT PENNIES
AMONGST THEMSELVES WHEN THE
LAWYERS WALK AWAY WITH A BIG FAT
CHECK.
THAT IS THE SPIRIT OF MY
AMENDMENT.
I AM PLEASED TO SEE THIS HOUSE
READY TO PASS THIS SIGNIFICANT
TORT REFORM TODAY AND ENCOURAGE
MY COLLEAGUES TO SUPPORT MY
AMENDMENT AS WELL AS THE
UNDERLYING BILL.
THANK YOU AGAIN.
I RESERVE THE BALANCE OF MY
TIME.
THE GENTLEMAN FROM
ARIZONA RESERVES.
THE GENTLEMAN FROM MICHIGAN.
MADAM SPEAKER, I
RISE IN STRONG OPPOSITION TO
THIS AMENDMENT.
THE GENTLEMAN IS
RECOGNIZED FOR FIVE MINUTES.
IT IS MY POSITION
THAT THE GOOD THAT THIS DOES IS
A POISON PILL.
THE GOOD IS CONSUMERS WOULD ALSO
BENEFIT FROM A REPEAL OF
MCCARRAN-FERGUSON.
WE A LULET YOU -- SALUTE YOU.
BUT THE POISON BILL IS THAT THIS
MEASURE WILL BAN CLASS ACTIONS
ON A CLAIM FOR VIOLATION OF
ANTITRUST LAW WHICH IS THE
CLEVEREST WAY OF ENDING
ANTITRUST LAW.
ACTION,
WELL MY DOCTOR CONGRESSMAN IS
NOT A LAWYER, BUT WITHOUT CLASS
ACTIONS YOU CAN'T BRING A CLAIM,
BECAUSE NOBODY'S GOING TO FILE
SUIT ON A $30 ISSUE, A MILLION
PEOPLE SUING FOR $30 EACH.
SO IT'S A POISON PILL AND I'D
LIKE TO YIELD TO THE GENTLEMAN
WHO HAD AN AMENDMENT THAT HAD
HUGE BIPARTISAN SUPPORT, MR.
DEFAZIO OF OREGON.
THE GENTLEMAN FROM
OREGON IS RECOGNIZED FOR --
AS MUCH TIME AS HE
MAY CONSUME.
AS MUCH TIME AS HE
MAY CONSUME.
I THANK THE
GENTLEMAN.
WE HAD AT THE END OF LAST
CONGRESS A TREMENDOUS BIPARTISAN
VOTE, 406-19, ON REPEALING
STRAIGHT UP THE ANTITRUST
IMMUNITY, THE INSURANCE
INDUSTRY.
THE AMERICAN PEOPLE, NO MATTER
WHERE THEY ARE ON THE AFFORDABLE
HEALTH CARE ACT, AGREE ON ONE
THING, INSURANCE COMPANIES
SHOULD NOT BE ABLE TO GET
TOGETHER AND COLLUDE TO EITHER
EXCLUDE PEOPLE FROM COVERAGE OR
DRIVE UP PRICES.
YET THEY DO.
THEY HAVE AN EXEMPTION UNDER A
LAW FROM THE 1940'S.
NOW, WHAT THE GENTLEMAN IS
OFFERING FOUND PRETTY GOOD, BUT
IT WON'T GET US THERE BECAUSE
90% OF THE ANTITRUST CASES ARE
PRIVATE.
AND ALMOST EVERY SINGLE ONE OF
THOSE CASES IS A CLASS ACTION.
SO IF YOU PRECLUDE CLASS ACTION,
YOU CAN PRETEND YOU ARE BEING
TOUGH WITH THE INSURANCE
INDUSTRY WHILE YOU CAN WAKE AT
NIGHT AND SAY DON'T WORRY ABOUT
IT BECAUSE THERE WON'T BE ANY
LITIGATION UNDER THIS AND YOU'LL
STILL BE ABLE TO ESCAPE,
COLLUDE.
AND THINK OF THE CONTEXT IN WHAT
WE ARE DOING.
WE ARE TALKING ABOUT IPAB TODAY.
THEY HAVE ALREADY VOTED TO
REPEAL THE ENTIRE AFFORDABLE
HEALTH CARE ACT.
THAT MEANS NO MORE PRESTRICKSES,
THE DIRTY LITTLE PRACTICE WHERE
YOU HAVE BEEN PAYING YOUR
PREMIUM FOR YEARS AND YOU GET
SICK THE INSURANCE SAYS, SORRY,
WE ARE NOT GOING TO RENEW YOUR
POLCY.
THAT'S BEEN OUTLAWED.
THEY ARE GOING TO DO AWAY WITH
DISCRIMINATION.
THE PROHIBITIONS ON AGE
THEY ARE GOING TO DO AWAY WITH
THE PROHIBITIONS ON PRE-EXISTING
CONDITIONS.
NOW WE ARE GOING TO HAVE AN
INSURANCE INDUSTRY THAT IS
ESSENTIALLY FREE FROM ANTITRUST
LAW, THAT CAN TAKE AWAY YOUR
POLICY WHEN YOU GET SICK,
DISCRIMINATE AGAINST YOU BECAUSE
YOU ARE OLD, DISCRIMINATE
AGAINST YOU BECAUSE YOU'RE SICK
OR YOU HAVE BEEN SICK.
AND IT WOULD TAKE AWAY THE
PROTECTIONS AND REVIEW OF
EXCESSIVE RATE INCREASES.
IF WE WERE DOING A STRAIGHT UP,
TAKE AWAY THEIR ANTITRUST
IMMUNITY.
MAKE THEM PLAY BY THE RULES
EXCEPT FOR PROFESSIONAL SPORTS
WHO ARE EXEMPTION FROM ANTITRUST
LAW, THAT WOULD BE FINE.
LET'S NOT HAVE THIS PHONY FIG
LEAF SO YOU CAN WINK AND NOD TO
THE INSURANCE INDUSTRY AND SAY,
HEY, DON'T WORRY ABOUT IT, IT
WON'T HAVE ANY IMPACT.
WE CAN SAY TO CONSUMERS WE ARE
WITH THEM.
WITH THAT I --
THE GENTLEMAN
RESERVES.
.
THE GENTLEMAN FROM ARIZONA.
WHAT WE DID HERE IN
REPEALING MCCARRAN-FERGUSON IS
THE F.T.C., IS THE F.T.C., IS
THE F.T.C. AND THE DEPARTMENT
OF JUSTICE.
PRIVATELY YOU ARE RIGHT.
WITHOUT THE REPEAL OF
MCCARRAN-FERGUSON THERE IS MORE
COMING FROM THE PRIVATE ASPECT,
BUT THAT'S BECAUSE WE HAVE
LIMITED THE FEDERAL OVERSIGHT
AND THE F.T.C. AND THE
DEPARTMENT OF JUSTICE.
THIS COMPROMISE IS WEIGHTED
VERY CAREFULLY TO MAKE SURE WE
GET BACK TO BALANCE, BOTH
FEDERAL AND STATE, AND DOES NOT
OVERSEE THE STATES' RIGHTS AS
WELL.
I RESERVE THE BALANCE OF MY
THE GENTLEMAN
TIME.
RESERVES.
THE GENTLEMAN FROM MICHIGAN.
MADAM SPEAKER, I
TIME.
YIELD MYSELF THE BALANCE OF THE
THE GENTLEMAN IS
RECOGNIZED.
WE ARE HERE
DEBATING AN OVERWHELMING
PROPOSITION OFFERED BY THE
OREGON, MR.
DEFAZIO, WHICH WOULD HAVE
COLLECTED THIS PROBLEM SO
BEAUTIFULLY.
BUT NOW COMES THE POISON PILL
WHICH SAYS NO MORE CLASS
ACTIONS.
IF YOU CAN'T BLAME CLASS
ACTIONS IN THIS MATTER, THEN
THERE'S NO WAY PEOPLE WITH
SMALL VALID CRAMES CAN GO INTO
COURT -- CLAIMS CAN GO INTO
COURT AND SUE FOR $40.
NOW, I THINK MOST PEOPLE
UNDERSTAND THIS WITHOUT GOING
TO LAW SCHOOL.
IF YOU ELIMINATE CLASS ACTIONS,
YOU HAVE EFFECTIVELY DESTROYED
THE MCCARRAN-FERGUSON REPEAL
THAT WE ARE BRAGGING ABOUT.
SO IT'S KIND OF UNDERCOVER
SCHEME.
WE PRETEND WE'RE DOING
SOMETHING GOOD.
DEFAZIO'S
OVERWHELMINGLY BIPARTISAN
SUPPORTED PROVISION AND WE LET
THE INSURANCE COMPANY THROUGH
IT AND THEY LIVE TO CONTINUE
THE VIAL PRACTICES THAT HAVE
BEEN REVEALED AND DISCUSSED IN
THIS DEBATE.
I RESERVE MY TIME.
THE GENTLEMAN'S TIME
HAS EXPIRED.
THE GENTLEMAN FROM ARIZONA.
ONCE AGAIN, I WANT
TO MAKE SURE THAT EVERYBODY
UNDERSTANDS THAT YOU ARE GIVING