[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[Extensions of Remarks]
[Page E1340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     H.R. 6886, HEALTH EQUITY AND ACCESS FOR RETURNING TROOPS AND 
                SERVICEMEMBERS ACT OF 2018 (HEARTS ACT)

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                        HON. FRANK PALLONE, JR.

                             of new jersey

                    in the house of representatives

                       Friday, September 28, 2018

  Mr. PALLONE. Mr. Speaker, I want to state my concerns regarding H.R. 
6886 and the process for considering this bill, and the potential 
unintended consequences for the Medicare program.
  The bill seeks to address the unfortunate circumstances under which a 
servicemember who becomes eligible for Medicare by reason of disability 
cannot easily return to the TRICARE program if and when the 
servicemember becomes able to work again.
  I am concerned because this bill did not go through regular order, 
and was not marked up or considered in any committee of the House of 
Representatives. It represents a significant change to current law and 
has impacts on both our healthcare system for active and retired 
service members, and on the Medicare program. To pass such legislation 
without an open, transparent, and measured process is disservice to the 
institution of the House of Representatives and to the American people.
  The problem with a failure to adhere to regular order is not just a 
philosophical one but a practical one. Legislation that has not been 
vetted properly often has unforeseen or unexpected consequences. We 
have seen that time and time again. I am concerned that this will also 
be the case with H.R. 6886. I am concerned about disabled 
servicemembers moving in and out of the Medicare program, and whether 
they will be fulling informed about the implications of their decision 
not to enroll in Medicare when they become eligible. I am concerned 
about the precedent for the Medicare program of folks being able to 
decline Medicare coverage for other coverage, and how that may 
undermine the universality of the Medicare program.
  I might have been able to be convinced that these concerns could be 
addressed if we had had a full process with a legislative hearing and a 
markup, but unfortunately, that is not the case. For these reasons, I 
must state my concerns regarding this bill and the process we undertook 
for considering it.

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