[Congressional Record (Bound Edition), Volume 155 (2009), Part 17]
[House]
[Pages 22707-22708]
[From the U.S. Government Publishing Office, www.gpo.gov]




                        MEDICARE AND GAG ORDERS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Indiana (Mr. Burton) is recognized for 5 minutes.
  Mr. BURTON of Indiana. Mr. Speaker, on Tuesday, the Congressional 
Budget Office headed by Mr. Elmendorf, who is the director, told 
Senator Baucus that his plan to cut $123 billion from Medicare 
Advantage, the program that gives one-fourth of seniors private health 
insurance options, will result in lower benefits and some 2.7 million 
people losing their coverage.
  Last week, Mr. Baucus ordered the Medicare regulators to investigate 
and likely punish Humana, Incorporated for trying to educate enrollees 
in its Advantage plans about precisely this fact.
  Jonathan Blum, who is the acting director of a regulator office in 
the Centers for Medicare and Medicaid Services, who used to work for 
Senator Baucus, said that a mailer Humana

[[Page 22708]]

sent to its customers was ``misleading and confusing to beneficiaries 
who may believe it represents official communication about the Medicare 
Advantage program.''
  Mr. Blum has also banned all Advantage contractors from telling their 
customers what Mr. Elmendorf has told Congress. Mr. Blum, as I said, 
happens to be a former senior aide to Mr. Baucus and a health adviser 
to the President Obama transition team. So for the record, CBO's 
Director Elmendorf says that cuts to Medicare Advantage ``could lead 
many plans to limit the benefits they offer, raise their premiums, or 
withdraw from the program.''
  But they want to put a gag on the deliverers of this coverage because 
they are writing to their patients, to the people they are covering, 
and telling them that they are going to lose coverage if this bill 
passes, that Medicare Advantage is going to be gutted. Senator Baucus 
is now saying we want to put a gag in the mouths of people who are 
providing this coverage so they can't tell the senior citizens of this 
country that they are going to lose Medicare Advantage coverage.
  That is a violation of the First Amendment. And, secondly, I don't 
know of any rule that would allow Senator Baucus to do this. This is 
absolutely a terrible thing. And Mr. Blum doesn't have the authority to 
do this. Mr. Baucus, Senator Baucus, does not have the authority to do 
this, and yet they are gagging the health care providers, the people 
who are insuring these people and providing coverage, by saying you 
can't tell them that they are going to lose Medicare Advantage.
  The plan of Mr. Baucus and other plans here in the House and the 
Senate are going to cut $500 billion out of Medicare, and most of it is 
coming out of Medicare Advantage and they are trying to keep the 
seniors in this country from knowing it until they get the job done. 
That is criminal.
  First they violate the First Amendment rights of these companies. 
And, second, they gag them and threaten them with criminal prosecution 
or some kind of penalties if they don't adhere to what Senator Baucus 
or Mr. Blum says. And then they don't let the American people, the 
seniors who vote more than anybody else, know that they are going to 
lose Medicare Advantage and they are going to take $500 billion out of 
Medicare coverage.
  Seniors need to know this, and yet they are gagging the people who 
are trying to get the facts out. This is just dead wrong. It should not 
happen. This is government control in its worst form, and it is 
something that we should not tolerate.
  In addition, I want to read into the Record a letter that I got from 
Dr. Ned Masbaum, who is a forensic psychiatrist in Indianapolis, and he 
wrote this about the American Medical Association:
  ``Dear Congressman Burton,
  ``Thank you for your very well-thought out letter. When I heard about 
the new AMA position supporting socialized medicine, I felt a sickening 
feeling in the pit of my stomach. I have been a member of the AMA for 
over 40 years. Unfortunately, it has gradually become a leftist 
political cheerleader with the usual pro-abortion and anti-Second 
Amendment drivel. However, this illiterate position for socialized 
medicine betrays its own members and the American citizenry. It is so 
blindsided that it also eliminates the need for the very existence of 
the American Medical Association. If we all becomes serfs for the 
government, we no longer need a formerly scientific professional 
organization.
  ``With the AMA headquarters in Chicago, the AMA president and his ilk 
must have been polluted with Chicago-style politics and their brains 
have turned to mush.
  ``This morning, I had a lengthy teleconference concerning the issue 
with the executive vice president of the Indiana State Medical 
Association, James G. McIntire, J.D. Apparently ISMA has not yet taken 
any position. I have also written a letter to the president of the AMA, 
a copy of which is enclosed, advising my opposition and the intent to 
resign as a member.
  ``Please keep up the good fight.''
  This is the kind of information that needs to get out to Americans. 
Seniors need to know they are going to lose coverage and $500 billion 
is going to be cut out of Medicare.

                                                   Carmel, IN,

                                                    July 22, 2009.
     Re your letter of 20 July concerning the AMA.

     Hon. Dan Burton,
     House of Representatives,
     Washington, DC.
       Dear Congressman Burton: Thank you for your very well 
     thought out letter. When I heard about the new AMA position 
     supporting socialized medicine, I felt a sickening feeling in 
     the pit of my stomach. I have been a member of the AMA for 
     over 40 years. Unfortunately, it has gradually become a 
     leftist political cheerleader with the usual pro-abortion & 
     anti-second amendment dribble. However, this illiterate 
     position for socialized medicine betrays its own members and 
     the American Citizenry. It is so blindsided that it also 
     eliminates the need for the very existence of the AMA. If we 
     all become serfs for the government we no longer need a 
     formerly scientific professional organization.
       With the AMA headquarters in Chicago, the AMA President and 
     his ilk must have been polluted with Chicago style politics 
     and their brains have turned to mush.
       This morning, I had a lengthy teleconference concerning 
     this issue with the Executive Vice President of the Indiana 
     State Medical Association, James G. McIntire, J.D. Apparently 
     ISMA has not taken any position yet. I have also written a 
     letter to the President of the AMA, a copy is enclosed, 
     advising my opposition and intent to resign as a member.
       Please keep up the good fight. Best personal regards to 
     you.
           Sincerely,
     Ned P. Masbaum, M.D.
                                  ____



                                                   Carmel, IN,

                                                    July 22, 2009.
     J. James Rohack, M.D.
     President, American Medical Association,
     Chicago, IL.
       Dear Dr. Rohack: Your announcement of the AMA's backing of 
     nationalizing health care was shocking to say the least. It 
     was my mistaken belief that the AMA always opposed socialized 
     medicine since it does not work anywhere in the world. It was 
     also my belief that the organization backed Health Savings 
     Accounts as a truly free enterprise American way to solve the 
     economic problems of our current system. Why would the AMA 
     sell out it's own members and the American public?
       If you and the AMA do not reverse your current position 
     immediately, you can say goodbye to me as a member of over 40 
     years.
           Sincerely,
                                              Ned P. Masbaum, M.D.

  On Tuesday, the Congressional Budget Office director told Senator 
Baucus that his plan to cut $123 billion from Medicare Advantage--the 
program that gives almost one-fourth of seniors private health-
insurance options--will result in lower benefits and some 2.7 million 
people losing this coverage.
  Last week Mr. Baucus ordered Medicare regulators to investigate and 
likely punish Humana Inc. for trying to educate enrollees in its 
Advantage plans about precisely this fact.
  Jonathan Blum, acting director of a regulatory office in the Centers 
for Medicare and Medicaid Services, CMS, said that a mailer Humana sent 
its customers was ``misleading and confusing to beneficiaries, who may 
believe that it represents official communication about the Medicare 
Advantage program.''
  Mr. Blum has also banned all Advantage contractors from telling their 
customers what Mr. Elmendorf has just told Congress. Mr. Blum happens 
to be a former senior aide to Mr. Baucus and a health adviser on the 
Obama transition team.
  So, for the record, CBO's Director Elmendorf says that cuts to 
Medicare Advantage ``could lead many plans to limit the benefits they 
offer, raise their premiums, or withdraw from the program.''
  Providing of accurate information by Medicare Advantage plans to its 
enrollees is not prohibited by applicable Federal rules and 
regulations.

                          ____________________