[Congressional Record Volume 155, Number 140 (Thursday, October 1, 2009)]
[Extensions of Remarks]
[Page E2423]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         DON'T HIDE HEALTH CARE DECISIONS FROM JUDICIAL REVIEW

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                            HON. LAMAR SMITH

                                of texas

                    in the house of representatives

                       Thursday, October 1, 2009

  Mr. SMITH of Texas. Madam Speaker, when Democrats introduced health 
care legislation, the Administration wanted to rush it through Congress 
before its cost could be calculated.
  When Republicans wanted to review health care legislation before they 
were made to vote on it, Democrats refused to let them see the 
language.
  Look for more of the same. For instance, the House Democrats' health 
care legislation prevents federal health care decisions from getting 
judicial review.
  Stealth provisions of the House bill take away Americans' rights to 
challenge government decisions that will profoundly affect their lives. 
The courts are not allowed to review challenges to decisions to impose 
payment rates for doctors, hospitals and prescription drugs.
  The courts can't review decisions to rest health care reimbursement 
on racial and ethnic criteria. And the courts can't review decisions 
intended to control other features of our health care system.
  When Democrats hide what they are doing and limit Americans' rights, 
we know that the game is not about improving Americans' health care. It 
is about increasing government power at the people's expense.
  And it's time to blow the whistle on that rigged game.

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