[Congressional Record Volume 163, Number 7 (Wednesday, January 11, 2017)]
[Senate]
[Page S288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 149. Mr. WYDEN (for himself, Mr. Merkley, Mr. Cardin, Mr. Markey, 
Mr. Leahy, Mr. Van Hollen, Ms. Warren, and Mrs. Gillibrand) submitted 
an amendment intended to be proposed by him to the concurrent 
resolution S. Con. Res. 3, setting forth the congressional budget for 
the United States Government for fiscal year 2017 and setting forth the 
appropriate budgetary levels for fiscal years 2018 through 2026; which 
was ordered to lie on the table; as follows:

       At the end of title IV, add the following:

     SEC. 4__. POINT OF ORDER AGAINST UNDERMINING THE PURPOSE OF 
                   SECTION 1115 WAIVER DEMONSTRATIONS TO PROVIDE 
                   COMPREHENSIVE, AFFORDABLE HEALTH CARE TO LOW-
                   INCOME AMERICANS.

       (a) Point of Order.--It shall not be in order in the Senate 
     to consider any bill, joint resolution, motion, amendment, 
     amendment between the Houses, or conference report that 
     would--
       (1) eliminate or reduce a State's flexibility to employ 
     waiver demonstrations approved under section 1115 of the 
     Social Security Act (42 U.S.C. 1315) to provide 
     comprehensive, affordable health care to low-income 
     individuals eligible for medical assistance under section 
     1902(a)(10)(A)(i)(VIII) of the Social Security Act (42 U.S.C. 
     1396a(a)(10)(A)(i)(VIII)) by eliminating or reducing the 
     availability of Federal financial assistance to States 
     available under the expansion of Medicaid under section 
     1905(y)(1) or 1905(z)(2) of the Social Security Act (42 
     U.S.C. 1396d(y)(1), 1396d(z)(2)); or
       (2) undermine the purpose of such waivers to demonstrate 
     and evaluate policy approaches such as expanding eligibility 
     to individuals who are not otherwise Medicaid or CHIP 
     eligible, providing services not typically covered by 
     Medicaid, or using innovative service delivery systems that 
     improve care, increase efficiency, and reduce costs, by 
     instituting harmful policies such as work requirements and 
     onerous premiums and cost-sharing requirements that are not 
     in line with the objectives of such waivers.
       (b) Waiver and Appeal.--Subsection (a) may be waived or 
     suspended in the Senate only by an affirmative vote of three-
     fifths of the Members, duly chosen and sworn. An affirmative 
     vote of three-fifths of the Members of the Senate, duly 
     chosen and sworn, shall be required to sustain an appeal of 
     the ruling of the Chair on a point of order raised under 
     subsection (a).
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