[Congressional Record Volume 164, Number 144 (Tuesday, August 28, 2018)]
[Senate]
[Pages S5998-S5999]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               HEALTHCARE

  Mr. TESTER. Mr. President, I rise on behalf of the 152,000 Montanans 
whose healthcare coverage is currently in jeopardy.
  Next week, a Texas courthouse will become the newest battlefield in 
the war against our healthcare. The latest attack is a lawsuit 
attempting to get rid of legal protections for folks with preexisting 
conditions. These are protections that make it illegal for insurance 
companies to deny healthcare coverage or charge absurd rates because of 
common conditions like high blood pressure or diabetes or heart disease 
or cancer or even pregnancy.
  These protections were signed into law almost 10 years ago, passed by 
majorities in both the House and in the Senate. Despite many attempts 
to undermine them, they have been upheld by the Supreme Court and 
continue to be supported by Members of both parties in Congress. That 
is because an overwhelming majority--more than three-fourths--of 
Americans support these protections. In fact, the Kaiser Family 
Foundation recently reported

[[Page S5999]]

that 88 percent of Democrats, 77 percent of Independents, and 58 
percent of Republicans think it is very important to maintain 
protections for folks with preexisting conditions.
  So why are we even here?
  Well, in June, the Department of Justice announced it would stop 
defending these critical protections in court. That is correct. You 
heard it right. A bunch of unelected bureaucrats have decided to stop 
defending the law of the land that protects folks with preexisting 
conditions. This decision not only harms millions of Americans, it 
threatens to create chaos in the marketplace and could drive up 
healthcare costs, not to mention it is a dereliction of duty.
  Now, I know we all wake up some days, and we would just rather go 
fishing, but a job is a job, and you just can't decide it is not worth 
doing, especially when your job is to defend protections for millions 
of Americans and thousands of Montanans with preexisting conditions.
  Montanans like Christina, from Missoula, who told me last week about 
how the Justice Department's decision could impact her husband who 
suffers from a chronic type of leukemia that can be managed but not 
cured. Christina wrote:

       Six years ago, we started the cancer journey when my 
     husband was diagnosed with CLL, a type of lymphoma/leukemia. 
     Thankfully, he found work and is receiving the care he needs 
     to manage his chronic disease that has no cure. But if he 
     could be denied health insurance because of a preexisting 
     condition, my husband probably would not have received the 
     care he needs.

  Karen, from Belgrade, MT, wrote something similar, saying:

       I am very concerned about the DOJ's decision to no longer 
     defend Americans against insurance companies who want to 
     disallow people with preexisting conditions. I am a cancer 
     survivor, as is my 22-year-old son. It is frightening to 
     think that both of us may be uninsurable in the future if 
     this trend continues.

  Kim, from Helena, wrote me and said:

       I have been a Type 1 diabetic for 35 years--and the burden 
     is heavy. The cost of insulin continues to soar to the point 
     that some people have to choose between their insulin or 
     their rent, food, or other medication. I have good health 
     insurance through my employer, which makes the financial cost 
     of my diabetes manageable. But if preexisting conditions 
     weren't covered, my next health insurer could simply choose 
     not to cover my diabetes.

  I am here to tell you, there are thousands of others in Montana like 
Karen, Kim, and Christina. In fact, a new report released today, also 
by the Kaiser Family Foundation, found that without current 
protections--without current protections--52 million Americans could be 
denied healthcare coverage because of a preexisting condition.
  The report broke this number down even further and found that in 
Billings, MT--our State's largest city--one out of every four adults 
between the ages of 18 and 64 have a preexisting condition that could 
prevent them from getting healthcare coverage if our current 
protections were repealed. That is not to mention the thousands of 
others who could be charged higher rates or denied reimbursement for 
care if these protections disappear.
  Instead of doing their job and protecting folks like Kim and Karen 
and Christina, a bunch of unelected bureaucrats in the Department of 
Justice have decided to help repeal a law that it is their job to 
defend.
  Well, if they will not protect Montanans, then we will. That is why I 
have helped introduce legislation that will authorize the Senate to 
intervene in next week's lawsuit and defend protections for people with 
preexisting conditions.
  I would be the first to say that our healthcare system isn't perfect, 
but folks are no longer denied coverage or forced to pay higher 
premiums because of common ailments like high blood pressure, diabetes, 
or cancer, and the vast majority of Americans, on both sides of the 
aisle, want to keep it that way.
  That is why a group of my colleagues from across the aisle introduced 
a bill last week to try and preserve some of these protections. That 
might sound good in theory, but in reality it will still threaten 
people with preexisting conditions.
  That is why I am calling on my colleagues to pass our resolution, 
which will ensure folks with preexisting conditions get the coverage 
they need. The thousands of Montanans and millions of Americans who 
rely on these protections deserve nothing less.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Nebraska.

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