[Congressional Record Volume 158, Number 48 (Thursday, March 22, 2012)]
[Extensions of Remarks]
[Page E435]
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. LEE TERRY

                              of nebraska

                    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. TERRY. Mr. Chair, I support full repeal of the Independent 
Payment Advisory Board. The health reform law takes away power that has 
traditionally been left to Congress, and places health care decisions 
in the hands of an unelected, board of bureaucrats.
  Unfortunately, the House has decided to attach a bipartisan bill to 
repeal the IPAB, with legislation that is unconstitutional and I 
believe a federalization of our tort reform system. This is a blatant 
violation of Article 1, Section 8 and a violation of the 10th 
Amendment.
  Tort law is an area of law traditionally left completely to states 
discretion. In fact, it's one of the few rights left to the states. 
Most states have implemented some form of medical liability laws. It is 
not the federal government's role to say that one state's laws are 
better than another's or even mandate one state's beliefs on another.
  Many of us believe the health reform law is a government takeover of 
our health care system. If one considers themself to be a true state's 
rights person, why do we give states the latitude and ability to do it, 
and then take it away with a one-size-fits all mandate from the federal 
government.

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