[Congressional Record Volume 143, Number 160 (Thursday, November 13, 1997)]
[House]
[Pages H10868-H10870]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    AMENDING FEDERAL CHARTER FOR GROUP HOSPITALIZATION AND MEDICAL 
                             SERVICES, INC.

  Mr. DAVIS of Virginia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 3025) to amend the Federal charter for Group 
Hospitalization and Medical Services, Inc., and for other purposes.
  The Clerk read as follows:

                               H.R. 3025

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. CHARTER FOR GROUP HOSPITALIZATION AND MEDICAL 
                   SERVICES, INC.

       The Act entitled ``An Act providing for the incorporation 
     of certain persons as Group Hospitalization and Medical 
     Services, Inc.'', approved August 11, 1939 (53 Stat. 1412), 
     is amended--
       (1) by inserting after section 9 the following new section:
       ``Sec. 10. The corporation may have 1 class of members, 
     consisting of at least 1 member and not more than 30 members, 
     as determined appropriate by the board of trustees. The 
     bylaws for the corporation shall prescribe the designation of 
     such class as well as the rights, privileges and 
     qualifications of such class, which may include, but shall 
     not be limited to--
       ``(1) the manner of election, appointment or removal of a 
     member of the corporation;
       ``(2) matters on which a member of the corporation has the 
     right to vote; and
       ``(3) meeting, notice, quorum, voting and proxy 
     requirements and procedures.

     If a member of the corporation is a corporation, such member 
     shall be a nonprofit corporation.'';
       (2) by redesignating section 10 as section 11; and
       (3) by adding at the end of section 11 (as so redesignated) 
     the following: ``The corporation may not be dissolved without 
     approval by Congress.''.

  The SPEAKER pro tempore (Mrs. Emerson). Pursuant to the rule, the 
gentleman from Virginia, Mr. Davis and the gentlewoman from the 
District of Columbia, Ms. Eleanor Holmes Norton, will each control 20 
minutes.
  The Chair recognizes the gentleman from Virginia [Mr. Davis].
  Mr. DAVIS of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  (Mr. DAVIS of Virginia asked and was given permission to revise and 
extend his remarks.)
  Mr. DAVIS of Virginia. Madam Speaker, this bill amends the Federal 
Charter of GHSMI, the Blue Cross/Blue Shield Plan of the National 
Capital Area. This bill is necessary in order to enable a letter of 
intent between the parties to combine to be subject to regulatory 
approval in Maryland and the District of Columbia.
  GHMSI will continue to be subject to the District's Nonprofit 
Corporation Act and is under the jurisdiction of the insurance 
superintendent. GHMSI will continue to be bound by its existing 
certificates of authority and licenses and will continue to be bound by 
applicable laws and regulations.
  H.R. 497, which passed this House in February, would have repealed 
the Federal charter. This bill reflects concerns which were 
subsequently raised. All other Blue Cross plans in the country are 
State-chartered corporations operating under State regulatory 
oversight. Due to a 1939 pre-Home Rule statute,

[[Page H10869]]

GHMSI alone needs congressional approval to change its corporate 
structure.
  Madam Speaker, I reserve the balance of my time.
  Ms. NORTON. Madam Speaker, I yield myself such time as I may consume.
  (Ms. NORTON asked and was given permission to revise and extend her 
remarks.)
  Ms. NORTON. Madam Speaker, I rise in support of H.R. 3025, a bill 
which simply adds a new section to the Federal charter of Group 
Hospitalization and Medical Services, Inc., the organization licensed 
to operate as Blue Cross and Blue Shield of the National Capital Area, 
to permit it to enter into a business combination with Blue Cross and 
Blue Shield of Maryland.
  This new arrangement is designed to improve both companies' service 
delivery and to reduce their operating costs. By combining operations, 
the two hospital plans will be able to offer their enrollees a larger 
provider network offering greater portability and broader product 
options. In addition, economies of scale should lead to more affordable 
premiums.
  Should the combination go forward, a new nonprofit holding company 
would be established, and the two Blue Cross plans would become its 
subsidiaries. H.R. 3025 would give D.C. Blue the requisite legal and 
corporate authority to have one class of members whose rights and 
privileges would be set out in the plan's bylaws. Only one member will 
be authorized, which would be the holding company.
  I wish to emphasize that H.R. 3025 does not create or mandate the 
plans' combination. That arrangement would first have to be approved by 
the District of Columbia and Maryland insurance commissioners before 
taking effect.
  Madam Speaker, I can support H.R. 3025 because of ironclad 
safeguards. No conversion of tax-exempt assets will be allowed under 
the language of this bill. As I speak, the District and Maryland both 
have been holding hearings on this affiliation. There have been 4 days 
of hearings by the D.C. insurance commissioner.
  There are three safeguards that are most important to my support.
  One, for a substantial change to occur, there must be an 80 percent 
vote. This assures that the District of Columbia will not be 
overwhelmed by the larger Maryland company. This House is aware that in 
the District we are jealous in guarding our jurisdictional rights. The 
80 percent vote is very appropriate in that regard.
  Secondly, no conversion can take place without review and approval by 
the respective insurance commissioners. They, of course, would have 
every reason not to want to see the tax-exempt assets squandered, and 
therefore to guard against that on their own accord.
  Third and perhaps most important, any conversion could have to come 
before this body before it could be approved.
  Madam Speaker, I support this bill with these safeguards, because I 
want this corporation to live. I am not sure that it will do so without 
this combination. As recently as 1993, Blue Cross of Washington was 
almost out of business. The competitive landscape does not make it easy 
for a health care provider to remain in business.
  What Blue Cross/Blue Shield is up against in this jurisdiction, for 
example, are combinations between Humana and Kaiser, Aetna's 
acquisition of U.S. Health, and to name just one more, United Health 
Care has bought Chesapeake Health Plan. In the face of these 
combinations, there is every reason for Blue Cross, which has had very 
severe problems, to want to consolidate to get efficiencies of scale, 
such as one computer center, as it begins to rebuild its computer 
operation, for example.
  Ironically, the best shot at keeping this a nonprofit company is to 
allow this combination. That is why I can support it. The D.C. ``Blue'' 
can make no change in its nature, purpose, or structure without the 
Congress taking further action on its charter, and, again, I emphasize 
that.
  I want to say how much I appreciate the concern of other Members who 
have had experiences with such combinations that have not been at all 
productive. Their experience and their advice have been instructive and 
helpful.
  Congressional action on this legislation must be taken before 
adjournment for the year, because the agreement between the plans to 
pursue the combination expires at the end of next month.
  Madam Speaker, I strongly support H.R. 3025 because I believe that 
the proposed combination between the District and Maryland Blue Cross 
plans will benefit the people I represent. I am pleased to point out 
that the bill also enjoys the support of other Members in this region 
whose constituents will be benefited as well. All of us are confident 
that our local regulators will ensure that the public interest is well 
protected, should they approve this combination. I ask that Members 
give H.R. 3025 their support.
  Madam Speaker, I yield 2 minutes to the gentleman from Maryland [Mr. 
Cardin].
  Mr. CARDIN. Madam Speaker, let me thank my friend, the gentlewoman 
from the District of Columbia, for yielding me this time, and join the 
gentlewoman from the District of Columbia [Ms. Norton] and the 
gentleman from Virginia [Mr. Davis] in support of H.R. 3025. I think it 
is important to point out that this bill will not repeal the Federal 
charter for the D.C. Blue Cross/Blue Shield plan. It amends the 
charter. It makes it possible for the merger to take place. It does not 
mandate anything to occur.
  The bill makes it clear that the benevolent and charitable status of 
the D.C. Blue Cross plan remains in place. As the gentlewoman from the 
District of Columbia [Ms. Norton] has pointed out, by passing this 
bill, we ensure that the D.C. Blue Cross plan will remain a benevolent 
and charitable organization.
  The bill allows the local regulators, and that is where the venue 
should be, to debate the issues of the merger. As to whether it should 
take place and what conditions it should be ordered to comply with, it 
is the local regulators who should make that judgment, not the Congress 
of the United States.
  This bill makes it clear that the merger can move forward, but it is 
subject to the normal regulatory process. I think H.R. 3025 is the 
appropriate action for us to take. I applaud my colleagues for bringing 
it to the floor. I hope we can act on it today so it can be enacted 
before Congress adjourns for the year.
  Mr. CUMMINGS. Mr. Speaker, the proposal that we are considering today 
will help bring improved services and benefits to the many Blue Cross/
Blue Shield subscribers in my district in Baltimore and to many of the 
constituents of representatives from suburban Maryland, Northern 
Virginia, and Washington, D.C.
  I commend the gentleman from Virginia and the gentle lady from the 
District of Columbia for their leadership in this area.
  A merger between the National Capital Area Blue Cross/Blue Shield and 
Maryland Blue Cross/Blue Shield will create a 3 billion-a-year 
nonprofit company--providing health care coverage to 25 percent of the 
8 million residents of Maryland, the District, and the Northern 
Virginia suburbs and employ 5,000 people.
  Just as importantly, my constituents in Baltimore that are enrolled 
in the Blue Cross/Blue Shield plan will receive tangible results from 
the merger. It will increase competition, which will result in better 
service, more options and access to a larger number of doctors, 
hospitals and pharmacies at a lower cost for its customers.
  The passage of this bill is essential to giving my constituents in 
Baltimore, and the constituents of the members of Maryland, Virginia, 
and Washington, D.C. the type of comprehensive, quality health care 
they deserve.
  I am glad to know that we in Congress are doing all that we can to 
give health care providers greater flexibility to meet our constituents 
health care needs.
  Again, I congratulate the gentleman from Virginia [Mr. Davis] for 
introducing this meaningful legislation and for working with the 
minority in such a bipartisan fashion.
  Mr. CARDIN. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. DAVIS of Virginia. Madam Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia [Mr. Davis] that the House suspend the rules 
and pass the bill, H.R. 3025.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

[[Page H10870]]



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