[Congressional Record Volume 163, Number 80 (Tuesday, May 9, 2017)]
[Senate]
[Pages S2830-S2833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Healthcare Legislation
Mr. CASSIDY. Mr. President, the topic before us is clearly the repeal
and replacement of the Affordable Care Act, and that is what I rise to
speak about today. In part I will speak as a Senator, and in part I
will speak as a doctor, as I am a physician. My wife is also a
physician. I worked in a hospital for the uninsured for many years.
First, let's just describe the state of play. It is so interesting,
President Obama's healthcare law, the Affordable Care Act, ObamaCare.
I had two different communications yesterday, one from a sister-in-
law in San Francisco. I think her husband voted for Bernie Sanders. She
is, you know--but she said: This is incredible. Speaking of herself,
she said: I am paying $20,000 a year in premiums, and each of my family
members has a $6,000 deductible.
They have to pay San Francisco prices for everything, and they make
good money but not exorbitant money. They are paying $20,000 a year for
a premium, for a young couple in good health, with a family deductible
probably of $13,000.
The next communication was in a phone call with a consultant here in
Washington, DC, who does healthcare. He knows his stuff, and at some
point, he breaks out of sort of a professional kind of ``this is the
way I talk,'' and he says: You don't see my insurance. I am paying
$24,000 a year for premiums, and I have a $13,000 family deductible. If
my family gets in an accident, it will be $37,000 my family puts out
before we see any benefit from our insurance.
I reminded him he would have preventive services, such as a
colonoscopy, but that was cold comfort for him.
The reality is that middle-class America can no longer afford the
now-ironically named Affordable Care Act. So where does that leave us?
President Trump--I like to say because I think he would say it--
established a contract with the American voter. President Trump said
that he wanted to continue the number of folks who were covered under
ObamaCare, he wanted to take care of those with preexisting conditions,
he wanted to eliminate mandates because Americans hate to be told what
to do by the Federal Government, and lastly, he wanted to lower costs.
I think the average voter took lower costs to mean lower premiums, not
a better CBO score, and lower premiums are really what those two
communications are about.
The second thing I will note is that he was very passionate about a
particular preexisting condition that the Presiding Officer here in the
Senate cares about, which is opioid addiction. And he would go to
counties where
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there was a high incidence of opioid addiction and speak to how he
wished to address their needs.
So I think President Trump's proposals--his contract with the voter--
really give us hope. The question is, How do we achieve that? Well,
first we have to acknowledge a couple of things.
Rich Lowry is a conservative author for National Review, and he wrote
a column: Basically, coverage is important. We cannot deny--no one can
deny that it is important to have coverage. And if we speak--as the
Presiding Officer did at lunch--about the family whose son is addicted
to narcotics and the fact that now he has coverage and he is able to
get off of the opioids instead of either dying, living in a gutter, or
being incarcerated--that is a sign of hope. And when President Trump
spoke of the forgotten man or the forgotten woman, in my mind, I think
in his mind, he was referring to someone such as that.
So we have to acknowledge, as Rich Lowry did, that coverage is
important. My own experience as a physician supports that. I am
actually going to quote somebody from my wife's experience. My wife is
a retired breast cancer surgeon, and she once told me about a patient
who lived in a nice section of my hometown, Baton Rouge, had a nice car
and children in parochial school, paying tuition. But her husband died.
He always managed the family affairs, and he died, and she ended up
uninsured. She had a nice car and nice home and kids in parochial
school, but she didn't have insurance.
Going back to coverage being important, she began to develop breast
cancer--something that is described in medicine as fungating, which
means the cancer begins to eat through the skin on the chest--and she
didn't know where to go because she didn't have coverage. And when the
breast cancer was actually coming out of her skin is when she came to
see my wife. My wife operated on her for free. The hospital wrote off
the cost. But that is not the end of it because then she needed
radiation therapy, she needed breast reconstruction, and she needed
chemotherapy. And her only hope for survival is if she had this
coverage.
So we can acknowledge two things--that coverage is important but also
that premiums under the Affordable Care Act have become unaffordable.
I will go back to what President Trump said. President Trump said he
wants everyone to be covered, care for those with preexisting
conditions, without mandates, and lower premiums. That is something,
whether Republican or Democratic or Independent, we should be able to
get behind.
How do we have a path forward? Some folks say: Well, President
Trump's promise cannot be kept. There was a good article recently by
Jim Capretta, a conservative economist, and he says that, basically, we
can achieve these goals. The way we do it is we automatically enroll
folks in the insurance program so that if you are a young person, you
get a credit, and that would be sufficient enough to pay for your
annual premium. You don't have to take it, but if you do, you are
automatically enrolled in insurance. By automatically enrolling these
young people, we expand the risk pool, which is to say that we now have
a lot of healthy young folks, most of whom will not get sick, but the
fact that they are in the insurance pool means that those who are older
and sicker will have lower premiums because the cost of their care is
spread out over the many. That is a good thing. That would increase
coverage and it would lower premiums without mandates, taking care of
those with preexisting conditions.
I think Candidate Trump's genius was to recognize that the only way
you get to lower premiums is if you expand coverage, and the only way
to care for those with preexisting conditions is to expand coverage.
I am pleased to say we have a proposal that is called the Patient
Freedom Act, which I have cosponsored and introduced with Susan
Collins, and four other of our Republican Senators have cosponsored it.
The six of us propose this: that every State be given the right to
choose their path forward. If you are a blue State, you can continue
with the status quo; you just have to reimpose penalties and mandates.
If you are a red State, you can go in a different direction where folks
in your State get a tax credit, again, sufficient for the premiums. Not
everybody will be eligible--typically, lower income folks--and this
credit can only be used for health insurance or healthcare. If you do
nothing, you end up with a health savings account, prefunded. You have
first-dollar coverage.
If you have to take your daughter to the urgent care center--instead
of an ObamaCare $6,000 deductible, when your daughter has her earache,
you have first-dollar coverage to pay that $150 to get your child seen
and to buy the antibiotics. If the mother instead wishes to pool her
family's health savings accounts together, their tax credits together,
she could buy a richer family policy or she could assign it to her
employer as the employee's contribution on employer-sponsored
insurance. The patient has the power.
I should say, in my medical practice, I found that if the patient has
the power, the system lines up to serve the patient.
By the way, just a rule of thumb: If you ever go to a hospital that
delivers babies and you walk in, it is clear who has the power. The
walls are painted mauve or powder blue or pink. There is a concierge to
park your car because women don't like to walk in parking lots at
night. And if you are pregnant, you really don't want to walk at all,
so someone parks your car for you. There is a coffee shop as you walk
in, and a floral shop. It is all a therapeutic experience that
addresses not just the physical need but the emotional and
psychological need, and that is because that system is lining up to
serve her, that patient. The Patient Freedom Act incorporates that.
By the way, we also have a third option. If a State doesn't want to
have anything to do with this, the State can say: Take a hike; we don't
want you. But generally, States have three options, and that recognizes
a conservative principle that States should have the right to do what
they want to do and what works best for the State. But we do require
the patient have the power.
Now, I will be frank. I am not sure we are going to pass meaningful
reform as good as it could be with only the Republican side of the
Senate. So aside from asking my Senators to join with me and my
Republican Senators to promote something that fulfills President
Trump's pledge, I ask my Democratic colleagues to look beyond
partisanship and to say: Wait a second; wouldn't it be good if a blue
State could do a blue thing and a red State could do a different plan
for themselves? Wouldn't it be good if President Trump, in his contract
with voters, said: Eliminate mandates but also lower premiums, which
are so much of a problem for so many Americans now, while at the same
time covering and caring for those with preexisting conditions.
I ask my Democratic colleagues to move beyond partisanship--or
perhaps they are not liking the results of the election--and into a
spirit of cooperation that puts patient before party. We don't need a
red plan or a blue plan, a Democratic plan or Republican plan. We need
an American plan.
I will finish by saying this. There is another way to lower premiums,
and that is to give lousy coverage. I coined the phrase, and I didn't
realize it would become so instantaneously recognized, but we should
also have the Jimmy Kimmel test. I think people understand that Mr.
Kimmel's child was born, and instead of being a celebration as a new
life emerges into the world, all of a sudden it quickly became that the
child was blue and would die. The whole medical staff comes in,
recognizing that the child has a rare cardiac condition that, if not
immediately operated on, would be fatal. The child was transferred, and
after several surgeries already in its first week of life, apparently,
is doing well.
I raise that because, again, we can lower premiums by having lousy
coverage. But whatever we do to lower premiums, it should pass what I
call the Jimmy Kimmel test, which is that someone you love has adequate
coverage for the care he or she needs when they need it. In that way, I
think we can be fiscally responsible, and we can help someone like my
family or the man I talked to yesterday, paying $20,000, $30,000,
$40,000 for their insurance. We have to do something about
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that and at the same time fulfill the rest of President Trump's
contract with the voters which is to care for those with preexisting
conditions, to continue coverage, and to eliminate mandates.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant bill clerk proceeded to call the roll.
Mr. WYDEN. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Hoeven). Without objection, it is so
ordered.
Mr. WYDEN. Mr. President, after some chaotic weeks of hush-hush
deliberating, a lot of arm-twisting, and more than a few obvious buy-
offs, the House has handed the Senate a healthcare bill that will
plunge tens of millions of Americans into suffering. With it, the
debate now comes to this side of the Capitol, and my Republican
colleagues seem to be competing to find out who can put the most
distance between themselves and the House bill.
The message is that they are starting from scratch with a partisan
working group and a new bill under construction. But I want to make
sure that everybody is realistic about where this debate stands. There
is not a shred of actual hard evidence that the Senate Republican
conference is objecting to nearly $1 trillion in tax breaks for the
wealthy and the special interests, paid for by slashing middle-class
tax benefits and cutting more than $800 billion out of Medicaid. The
dates, the numbers, and the waivers might look a little different when
Senate Republicans write a bill, but the underlying framework will be
the same.
This process, in short, is leading America back to the days when
healthcare worked only for the healthy and wealthy. It is clear, when
we look at the particulars, that the bill passed by the other body
doesn't care whether you are young or old. It poses a threat of pain
across all generations.
So this afternoon, as I begin what will be a series of discussions
here on the floor in the days ahead to discuss these issues, I want to
talk about what we are dealing with now.
Under the House bill, the youngster who needs special education
services could see that set of opportunities disappear with cuts to
Medicaid, a key source of funding for special ed school programs.
Are the tax breaks in this bill for the wealthy worth depriving kids
of the opportunities they need to get ahead in life?
Under this bill, the young adult at 18 or 20 who has been through a
cancer scare could wear that preexisting condition like a scarlet
letter. They could face discrimination by insurance companies for life
if their coverage ever lapses for more than a few weeks.
Are the tax breaks in this bill worth exposing Americans with
preexisting conditions to this danger?
The 45-year-old who thought she was home free with an employer-
sponsored plan that avoids the worst insurance company abuses could
once again face a lifetime limit on certain health coverage. They would
be at risk for personal bankruptcy if they suffer the wrong kind of
injury or come down with the wrong kind of illness.
Are the tax breaks in this bill worth putting insurance companies
back in the driver's seat? The 60-year-old, still years from
retirement, would get clobbered by what I call the age tax, charged up
to five times as much as a young person for insurance coverage. Are the
tax breaks in this bill worth reviving insurance company abuses like
this?
Not even the most vulnerable seniors are spared under this bill.
Medicaid helps cover the tab for nearly two out of three seniors in
nursing homes. They are people who have done everything right. They
worked hard, they scrimped, and they saved. They raised their kids and
put them through school. You see them in Ohio communities, and you see
them in Oregon communities. But colleagues, growing older in America is
not cheap, and these are people who spend down their savings, and that
is when Medicaid steps in. But if Medicaid funding is slashed, the
nursing home benefit and other critical long-term care services like
home-based care are going to be in danger.
Every one of us wants their loved ones to be cared for. But the fact
is most families are already walking an economic tightrope in this
country, balancing their mortgage and their gas bills and struggling to
save for college and retirement. Where would working mothers and
fathers today possibly find the money to pay for nursing home care for
their elderly parents, perhaps $90,000 or more? Are the tax breaks in
this bill worth putting seniors' nursing home care at risk?
I spent this weekend holding townhall meetings in Oregon, holding
healthcare roundtables at home in Oregon. It would be hard to overstate
the fear and the tears I heard in conversations about this legislation.
Oregonians recognize that in many ways, this proposal is a return to
an era when insurance companies had more power and the typical American
had less, when women were penalized simply because of their gender,
when for many a preexisting condition was a death sentence, when
insurance companies deciding what preexisting conditions they would
cover constituted a real death panel. Even worse, the system would
invite young and healthy people not to buy insurance unless they needed
it at that particular moment, which would drive up costs for everybody
else.
Bottom line: You cannot revive a failed, abusive health insurance
system and expect Americans to be very pleased and excited about it,
especially when it is part of a scheme to pay for tax breaks for the
wealthy. That is what my Republican colleagues are attempting. I
understand why they are doing it. What they want to do is, in effect,
get these tax breaks for the wealthy in a health bill so they can have
it teed up to get more tax breaks for the wealthy in a tax bill. That
is what this is really all about. Even casual watchers of the debate
understand that this bill--the tax cuts, in particular, are stacked in
favor of the fortunate few.
Every time you get a paycheck in North Dakota or Oregon or anywhere
in America, a little bit for Medicare is taken out of that paycheck.
Working people can see it; it is right there on their paychecks. A
little bit is taken out. Under this bill, the only people who get a
break on that contribution are at the very top of the income scale.
Furthermore, the tax break on investment income will be swallowed up
by the wealthy almost in its entirety. People with incomes over $1
million will get an average break of more than $50,000--almost as much
as a typical family earns in an entire year. Most of that tax break
goes not to just the millionaires but to those at the uppermost slice
of the income scale. They are the fortunate individuals who make money
from wealth, not from wages like most Americans.
The 120,000 wealthiest families in the United States--those who bring
in around $2 million a year, mostly from capital gains, interest, and
dividends--would get an average tax handout under the House bill of
$207,000. This is according to the Tax Policy Center, a well-respected
group who analyzes these matters. I can tell you, even conservative
health policy experts are looking at this bill and scratching their
heads, trying to determine how this constitutes an improvement over the
system that is on the books today.
Aside from the wealthy individuals and corporations lining up for
these tax handouts, it is hard to see who will be helped by this
approach Republicans have taken.
It is a worrying sign for anybody who believes in bipartisanship to
see that Republicans in this body have decided they don't want any
Democratic input. I have been involved in writing bipartisan health
bills in the past, and there are more than a few cosponsors of those
bills in the Republican conference today. A number of our colleagues on
the other side of the aisle have joined me in efforts, for example, to
have loophole-free, air-tight protection against discrimination against
those with a preexisting condition.
It is important to understand that a lot of us on this side of the
aisle--and my colleague, the President of the Senate, knows it from our
work on infrastructure--would very much like to work with colleagues on
the other side on bipartisan issues. It can be done. In fact, just
today, under the leadership of Senator Schumer, our whole caucus said
to the Republicans: Drop reconciliation so we can all come together and
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get serious about working in a bipartisan way on an issue that ought to
be tackled in a bipartisan way for the American people and that I have
a long history, in particular, of wanting to be part of.
For the next several weeks, I will be on the floor drawing on our
past experiences and underlining why the partisan approach underway
right now is wrong.
People ought to know that TrumpCare is a betrayal of the promises
they have heard time and time again. They heard it through hundreds of
TV commercials all through the election period, and what they are now
seeing is a betrayal of those promises they watched on campaign
advertisements over the last year.
People ought to know that this is not a real effort at fixing our
healthcare system. This is a masquerade. It is a masquerade to try to
pretend that what is going on is about healthcare when it really is
about making sure taxes can be cut for the most fortunate, while
healthcare benefits for the middle class are slashed. TrumpCare is the
opposite of good health policy. There is no grassroots campaign I know
of clamoring for the Congress to pass another round of the same old
handouts to special interests, donors, and powerful individuals.
The American people are counting on the Congress to improve the
health system and make their care more affordable. Congress ought to be
working together on injecting more competition into the insurance
markets and reducing out-of-pocket costs for families. We ought to be
working especially on bringing down prescription drug prices. In my
view, you can't really build a modern health system unless you address
the challenges posed by chronic conditions such as diabetes, cancer,
and Alzheimer's.
We want it understood that Democrats want to work in a bipartisan way
to improve the Affordable Care Act. That is the heart of the letter
that all Senate Democrats signed today--we all went together--making it
clear that we would like to see Republicans drop reconciliation and
come together so we can find common ground. That would be in the
country's interests, rather than using this go-it-alone process that is
called reconciliation but specifically rejects bipartisanship.
I am going to be on the floor a lot over the next several weeks. I
promised my constituents night and day over the course of last
weekend--and people kept saying night and day, day and night--because
the country feels that strongly about this.
I and others are going to hold our colleagues on the other side of
the aisle accountable because we all ought to agree that this country
cannot go back to the days when healthcare was for the healthy and the
wealthy. Those preexisting conditions could be a death sentence. And
that is because if you were healthy, you had no problem. If you were
wealthy, you could write out the checks. But if you had a preexisting
condition, you were in very serious straits. People told us about
losing their homes and everything they had. We are not going back to
the days in America when healthcare was for the healthy and wealthy.
Mr. President, I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio.