[Congressional Record Volume 158, Number 48 (Thursday, March 22, 2012)]
[Extensions of Remarks]
[Pages E418-E419]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PROTECTING ACCESS TO HEALTHCARE ACT

                                 ______
                                 

                               speech of

                          HON. JOHN D. DINGELL

                              of michigan

                    in the house of representatives

                       Wednesday, March 21, 2012

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 5) to 
     improve patient access to health care services and provide 
     improved medical care by reducing the excessive burden the 
     liability system places on the health care delivery system:

  Mr. DINGELL. Mr. Chair, the people have sent us up here to legislate 
and pass laws that will benefit and protect the American public and 
move our country forward. It is more than disheartening, it is shameful 
that once again we find ourselves here today wasting time to vote on a 
piece of partisan, Republican legislation that has no hope of moving 
beyond this chamber. H.R. 5 does nothing to benefit the American 
people, nor does this Act do anything to protect access to healthcare 
as its name declares.
  Even worse, this misguided legislation is being considered during the 
same week we are celebrating the second anniversary of the Affordable 
Care Act (ACA). I am unbelievably proud of that fact that the bill I 
authored has guaranteed that 105 million Americans no longer face 
lifetime limits on their insurance, 2 million young adults are now 
insured under their parents' plans, and seniors no longer find 
themselves lost in the ``coverage gap'' and lacking access to 
prescription drugs. With all of these tangible, quantifiable benefits, 
why are my colleagues on the other side of the aisle spending their 
time attempting to dismantle a law that is already being implemented? 
Why do they spend their time trying to chip away at it piece by piece 
when they could be working on legislation that would benefit their 
constituents? Working to repeal the Independent Payment Advisory Board 
(IPAB) and not even bothering to come up with any sort of replacement 
seems dubious and makes no sense to me. But then again, I am just a 
poor, Polish lawyer from Detroit.
  Not only are my Republican friends attempting to repeal IPAB, they 
have added it to their medical malpractice legislation, H.R. 5, which 
contains provisions that they have brought time and again to this 
floor, failing every time. Each time they resurrect the same language.

[[Page E419]]

In doing so, they do not demonstrate genuine interest in legislating on 
behalf of the American people. The Republicans know the Senate will not 
vote for such a bill. Nor will I. I will not approve a bill that caps 
non-economic medical malpractice damages at $250,000. Apparently, this 
is the price the Republicans put on a lifetime of physical impairment, 
pain, suffering and even wrongful death.
  I know our medical malpractice system needs improvement. If only my 
Republican friends would come to me with a third way, a new fair and 
workable way, to approach this problem. I would be more than happy to 
work with them on a bipartisan basis, which this Congress so 
desperately needs right now.
  But, until that time, I am forced to vote against this piece of 
legislation. I will not approve of a bill that rehashes the same old 
medical malpractice language. I will not vote for a bill that attempts 
to wear down bits of the Affordable Care Act. If they had their way, 
the Republicans would repeal the entire ACA, and take away insurance 
from over 30 million Americans. Instead, we are busy granting insurance 
coverage to 17 million children with pre-existing conditions.

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