[Congressional Record Volume 158, Number 48 (Thursday, March 22, 2012)]
[Extensions of Remarks]
[Page E433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  PROTECTING ACCESS TO HEALTHCARE ACT

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                               speech of

                              HON. TED POE

                                of texas

                    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. POE of Texas. Mr. Chair, ObamaCare is unconstitutional and must 
be repealed in its entirety. That is why I voted for the full repeal of 
the President's nationalized healthcare bill, including the Independent 
Payment Advisory Board (IPAB). I have also introduced legislation to 
defund the individual mandate provision of ObamaCare. Although I fully 
support the repeal of IPAB and have cosponsored legislation to repeal 
it (H.R. 452), I cannot support final passage of H.R. 5 because the 
bill includes provisions that I believe violate States' rights and the 
10th Amendment. As a strict constitutionalist and a fierce defender of 
States' rights, I cannot accept replacing one unconstitutional law with 
another.
  H.R. 5 imposes a Federal medical liability cap on the States. In 
effect, this allows the Federal Government to overrule the State 
governments that have decided to prohibit liability caps. Five States 
already have constitutional prohibitions on liability caps. I believe 
that H.R. 5 will supersede these State constitutions and override the 
will of those legislatures. I myself believe in medical liability caps, 
like we have in Texas; however, if another State's voters do not want 
such reform, that is their decision to make. And, their doctors are 
welcome to keep coming to Texas.

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