Mental Health Parity Act of 2007
Legislative Activity
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Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
October 17, 2007
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Introduced in Senate
February 12, 2007
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S1865-1867)
February 12, 2007
Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment favorably.
February 14, 2007
Committee on Health, Education, Labor, and Pensions. Reported by Senator Kennedy with an amendment in the nature of a substitute. Without written report.
March 27, 2007
Placed on Senate Legislative Calendar under General Orders. Calendar No. 93.
March 27, 2007
By Senator Kennedy from Committee on Health, Education, Labor, and Pensions filed written report. Report No. 110-53.
April 11, 2007
Measure laid before Senate by unanimous consent. (consideration: CR S11679-11684; text of measure as reported in Senate: CR S11679-11680)
September 18, 2007
The committee substitute as amended agreed to by Unanimous Consent.
September 18, 2007
Passed Senate with an amendment by Unanimous Consent.
September 18, 2007
Received in the House.
September 19, 2007 • 10:08 AM
Message on Senate action sent to the House.
September 19, 2007
Referred to the Committee on Energy and Commerce, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
September 19, 2007
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
October 17, 2007
Floor Debate
20 membersWhat members said about S. 558 on the floor
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Floor Debate
20 membersWhat members said about S. 558 on the floor
Mr. President, it is a privilege to join Senator Snowe in introducing ``The Preservation of Antibiotics for Medical Treatment Act of 2007.'' I am also pleased that this year we are joined by Senator…
Mr. President, it is a privilege to join Senator Snowe in introducing ``The Preservation of Antibiotics for Medical Treatment Act of 2007.'' I am also pleased that this year we are joined by Senator Sherrod Brown, who championed this legislation so ably as a member of the House of Representatives.
Our goal in this important initiative is to take needed action to preserve the effectiveness of antibiotics in treating diseases. These drugs are truly modern medical miracles. During World War II, the newly developed ``wonder drug'' penicillin revolutionized care for our soldiers wounded in battle. Since then, such drugs have become indispensable in modern medicine, protecting all of us from deadly infections. They are even more valuable today, safeguarding the Nation from the threat of bioterrorism.
Unfortunately, in recent years, we have done too little to prevent the emergence of antibiotic-resistant strains of bacteria and other germs, and many of our most powerful drugs are no longer effective.
Partly, the resistance is the result of over-prescribing such drugs in routine medical care. Mounting evidence shows that indiscriminate use of such drugs in animal feed is also a major factor in the development of antibiotic resistant germs.
Obviously, if animals are sick, whether as pets or livestock, they should be treated with the best veterinary medications available. That is not the problem. The problem is the widespread use of antibiotics to promote growth and fatten healthy livestock. Such nontherapeutic use clearly undermines the effectiveness of these important drugs, because it leads to greater development of antibiotic-resistant bacteria that can make infections in humans difficult or impossible to treat.
In 1998--nine years ago--a report prepared at the request of the Department of Agriculture and the Food and Drug Administration by the National Academy of Sciences, concluded: ``There is a link between the use of antibiotics in food animals, the development of bacterial resistance to these drugs, and human disease.'' The World Health Organization has specifically recommended that antibiotics used to treat humans should not be used to promote animal growth, although they could still be used to treat sick animals.
In 2001, a Federal interagency task force on antibiotic resistance concluded that ``drug-resistant pathogens are a growing menace to all people, regardless of age, gender, or socio-economic background. If we do not act to address the problem . . . [d]rug choices for the treatment of common infections will become increasingly limited and expensive--and, in some cases, nonexistent.''
The Union of Concerned Scientists estimates that 70 percent of all U.S. antibiotics are used nontherapeutically in animal agriculture--8 times more than are used in all of human medicine. This indiscriminate use clearly reduces their potency.
Major medical associations have been increasingly concerned, and have taken strong stands against antibiotic use in animal agriculture. In June 2001, the American Medical Association adopted a resolution opposing nontherapeutic use of antibiotics in animals. Other professional medical organizations that have taken similar stands include the American College of Preventive Medicine, the American Public Health Association, and the Council of State and Territorial Epidemiologists. The legislation we are offering has been strongly endorsed by the American Public Health Association and numerous other groups and independent experts in the field.
Ending the current detrimental practice is feasible and cost- effective. Last month an economic study by researchers at Johns Hopkins University examined data from the poultry producer Perdue. In this study of 7 million chickens, the slight benefit from the nontherapeutic use of antibiotics was more than offset by the cost of purchasing antibiotics.
In fact, most of the developed countries in the world, except for the United States and Canada, already restrict the use of antibiotics to promote growth in raising livestock. In 1999, the European Union banned such use, and funds saved on drugs have been invested in improving hygiene and animal husbandry practices. Researchers in Denmark found a dramatic decline in the number of drug-resistant organisms in animals-- and no significant increase in animal diseases or consumer prices.
These results have encouraged clinicians and researchers to call for a similar ban in the United States. The title of an editorial in the New England Journal of Medicine 6 years ago said it all: ``Antimicrobial Use in Animal Feed--Time to Stop.''
In the last Congress, over 350 organizations representing scientific and medical associations, consumer and environmental groups as well as animal rights and religious groups endorsed this legislation and called for an end to the reckless and irresponsible use of these critically important medicines.
The Nation is clearly at risk of an epidemic outbreak of food poisoning caused by drug-resistant bacteria or other germs. In recent years, many nations, including the United States, have been plagued by outbreaks of food-borne illnesses. Imagine the consequences of an outbreak caused by a strain of bacteria immune to any drugs we have. It is time to put public safety first and stop this promiscuous use of drugs essential for protecting human health.
The bill we are introducing will phase out the non-therapeutic use in livestock of medically important antibiotics, unless manufacturers can demonstrate that such use is no danger to public health. The Act applies this same strict standard to applications for approval of new animal antibiotics. Such use is not restricted if the animals are sick, or if they are pets or are animals not used for food. In addition, FDA is also given authority to restrict the use of important drugs to treat such animals, if risk to humans is in question.
According to the National Academy of Sciences, eliminating the use of antibiotics as feed additives in agriculture will cost each American consumer not more than five to ten dollars a year. The legislation recognizes, however, that economic costs to farmers in making the transition to antibiotic-free practices may be substantial. In such cases, the Act provides for Federal payments to defray the cost of shifting to antibiotic-free practices, with special preference for family farms.
Antibiotics are one of the great miracles of modem medicine. Yet today, we are destroying them faster than the pharmaceutical industry can replace them with new discoveries. If doctors lose these vital medications, the most vulnerable Americans will suffer the most-- children, the elderly, persons with HIV/AIDS, and others who are most in danger of drug resistant infections. I urge my colleagues to support this clearly needed legislation to protect the health of all Americans from the reckless and unjustified use of antibiotics.
Mr. President, it is a privilege to join Senators Enzi, Dodd, and Alexander in introducing the Head Start for School Readiness Act. Our goal is to reauthorize Head Start and continue our bipartisan support for this very successful program to prepare low-income children for school.
For over forty years, Head Start has given disadvantaged children the assistance they need to arrive at school ready to learn. It's comprehensive services guarantee balanced meals for children, and a well-defined curriculum to see that children develop early skills in reading, writing, and math, and positive social skills as well. It provides visits to doctors and dentists, and outreach to parents to encourage them to participate actively in their child's early development.
It is clear that Head Start works. A federal evaluation found that Head Start children make gains during the program itself, and the gains continue when the children enter kindergarten. Once Head Start children complete their kindergarten year, they are near the national average of 100 in key areas, with scores of 93 in vocabulary, 96 in early writing, and 92 in early math.
We've made tremendous, bipartisan progress this year in our effort to reauthorize Head Start and build upon a program that serves as a lifeline for the neediest families and children across the Nation.
In this legislation, we build on Head Start's proven track record and expand it to include thousands of low-income children who are not yet served by the program. We provide for better coordination of Head Start with state programs for low-income children. We strengthen Head Start's focus on school readiness and early literacy. We enhance the educational goals for Head Start teachers. And we provide greater accountability for the program, including new policies to ensure improved monitoring visits and new policies to address programs with serious deficiencies.
To strengthen Head Start, we have to begin by providing more resources for it. The need for Head Start is greater than ever. Child poverty is on the rise again. Today, less than 50 percent of children eligible for Head Start participate in the program. Hundreds of thousands of three- and four-year-olds are left out because of the inadequate funding level of the program. Early Head Start serves only 3 percent of eligible infants and toddlers. It is shameful that 97 percent of the children eligible for Early Head Start have no access to it. It's long past time for Congress to expand access to Head Start to serve as many infants, toddlers, and preschool children as possible.
The bill that we introduce today will set a goal to expand Head Start over the next several years. We call for increases in funding, from $6.9 billion in the current fiscal year, to $7.3 billion in FY 2008, $7.5 billion in FY 2009, and $7.9 billion in 2010. These funding levels are critical to advance the essential reforms in this legislation, and to serve thousands of additional children in the Head Start program.
Early Head Start is an especially important program for needy infants and toddlers. Research clearly shows its benefit to infants and toddlers and their families. Early Head Start children have larger vocabularies, lower levels of aggressive behavior, and higher levels of sustained attention than children not enrolled in the program. Parents are more likely to play with their children and read to them.
This bill will double the size of Early Head Start over the course of this authorization, and deliver services to over 56,000 additional children over the course of this authorization.
Our bill establishes a Head Start Collaboration Office in every state to maximize services to Head Start children, align Head Start with kindergarten classrooms, and strengthen its local partnerships with other agencies. These offices will work hand in hand with the Head Start network of training and technical assistance to support Head Start grantees in better meeting the goals of preparing children for school.
States will also have an active role in coordinating their system of early childhood programs, and increasing the quality of those programs. Our bill designates an Early Care and Education Council in each State to conduct an inventory of children's needs, develop plans for data collection and for supporting early childhood educators, review and upgrade early learning standards, and make recommendations on technical assistance and training. For those States ready to move forward and implement their statewide plan, our bill will offer a one-time incentive grant to implement these important efforts.
Over the past four decades, Head Start has built up quality and performance standards to guarantee a full range of services, so that children are educated in the basics about letters and numbers and books, and are also healthy, well-fed, and supported in stable and nurturing relationships. Head Start is a model program, and we can enhance its quality even more.
One way to do that is to strengthen Head Start's current literacy initiative. We know the key to later reading success is to get young children excited about letters and books and numbers. Our bill emphasizes language and literacy, by enhancing the literacy training required of Head Start teachers, by continuing to promote parent literacy, and by working to put more books into Head Start classrooms and into children's homes.
We also make a commitment in this bill to upgrade all of the educational components of Head Start, and ensure that services are aligned with expectations for children's kindergarten year and continue to be driven by the effective Head Start Child Outcomes Framework.
At the heart of Head Start's success are its teachers and staff. They are caring, committed persons who know the children they serve and are dedicated to improving their lives. They help children learn to identify letters of the alphabet and arrange the pieces of puzzles. They teach them to brush their teeth, wash their hands, make friends and follow rules. Yet their salary is still half the salary of kindergarten teachers, and turnover is high--11 percent a year.
Because a teacher's quality is directly related to a child's outcome, our bill establishes a goal to ensue that every Head Start teacher have their A.A. degree and 50 percent earn their B.A. degree over the course of this authorization. Head Start teachers and staff are the greatest resource to children and families in the program, and we must match these ambitious reforms and improvements with the funding needed to see that Head Start programs can meet these goals.
We have also granted additional flexibility in this bill for Head Start programs to serve families and children that need services at the local level. We've lifted the eligibility requirements so that families living below 130 percent of the federal poverty rate can qualify and participate in Head Start. Often, these are the neighbors of Head Start children with similar needs, but currently remain barred from participating in the program.
Under this bill, Head Start programs will be empowered with greater authority to determine the needs of families in their local communities and define services to meet those needs. If programs determine that there is a greater share infants and toddlers in need of services, our bill allows them to apply to the Secretary to convert and expand Head Start to serve those youngest children, consistent with Early Head Start standards. If programs identify a need to provide full-day or full-year care for children and families, they can take steps to do so.
Accountability is a cornerstone of excellence in education and should start early. Head Start should be accountable for its promise to provide safe and healthy learning environments, to support each child's individual pattern of development and learning, to cement community partnerships in services for children, and to involve parents in their child's growth.
Head Start reviews are already among the most extensive in the field. Every 3 years, a federal and local team spends a week thoroughly examining every aspect of every Head Start program. They check everything from batteries in flashlights to how parents feel about the program. Our bill takes a further step to improve the monitoring of Head Start programs, ensures that programs receive useful and timely feedback and information, and strengthens annual reviews and plans for improvement.
Our bill also takes an important step to suspend the Head Start National Reporting System. Four years ago, I insisted that instead of rushing forward with a national assessment for every four- and five- year-old in Head Start, this Administration should instead move more deliberately to develop and implement an assessment tool that would help guide and improve Head Start programs. Unfortunately, they rejected that call and proceeded with an assessment--absent sufficient authorization or oversight from Congress--that was later proven by a GAO study to be flawed and inconsistent with professional standards for testing and measurement.
Any assessment used in Head Start must be held to the highest standard. It must be valid and reliable, fair to children from all backgrounds, balanced in what it measures, and address the development of the whole child. Our bill calls on the National Academy of Sciences to continue their work in surveying assessments and outcomes appropriate for early childhood programs, and to make recommendations to the Secretary and to Congress on the use of assessments and outcomes in Head Start programs. I hope the National Academy's work will be helpful as we consider future improvements in the Head Start program.
Finally, this bill appropriately rejects earlier calls to block grant Head Start services, preserving the community-based structure of the program. It makes no sense to turn Head Start into a block grant to the states. To do so would have dismantled the program and undermined Head Start's guarantees that children can see doctors and dentists, eat nutritious meals, and learn early academic and social skills. The current Federal-to-local structure of Head Start enables it to tailor its services to meet local community needs. Performance standards guarantee a high level of quality across all programs. Yet each program is unique and specifically adapted to the local community. Head Start is successful in serving Inuit children in Alaska, migrant-workers' children in Tennessee, and inner-city children in Boston. It is essential to maintain the ability of local Head Start programs to tailor their services to meet the needs of local neighborhoods and their children.
The Head Start for School Readiness Act we are introducing today will keep Head Start on its successful path, and enable this vital program to continue to thrive and improve. I urge our colleagues on both sides of the aisle to join us in advancing and strengthening this program, and give children the head start they need and deserve to prepare for school and for life.
Access to mental health services is one of the most important and most neglected civil rights issues facing the Nation. For too long, persons living with mental disorders have suffered discriminatory treatment at all levels of society. They have been forced to pay more for the services they need and to worry about their job security if their employer finds out about their condition. Sadly, in America today, patients with biochemical problems in their liver are treated with better care and greater compassion than patients with biochemical problems in their brain.
That kind of discrimination must end. No one questions the need for affordable treatment of physical illnesses. But those who suffer from mental illnesses face serious barriers in obtaining the care they need at a cost they can afford. Like those suffering from physical illnesses, persons with mental disorders deserve the opportunity for quality care. The failure to obtain treatment can mean years of shattered dreams and unfulfilled potential.
Eleven years ago, Congress passed the first Mental Health Parity Act. That legislation was an important first step in bringing attention to discriminatory practices against the mentally ill, but it did little to correct the injustices that so many Americans continue to face. The 1996 legislation required that annual and lifetime dollar limits for mental health coverage must be no less than the limits for medical and surgical coverage. But more steps are clearly needed to guarantee that Americans suffering from mental illness are not forced to pay more for the services they need, do not face harsher limitations on treatment, and are not denied access to care.
This bill is a chance to take the actions needed to end the longstanding discrimination against persons with mental illness. The late Senator Paul Wellstone and Senator Pete Domenici deserve great credit for their bipartisan leadership on mental health parity. If it were not for them, we would not be here today.
The bill prohibits group health plans from imposing treatment limitations or financial requirements on the coverage of mental health conditions that do not also apply to physical conditions. That means no limits on days or treatment visits, and no exorbitant co-payments or deductibles. The bill was negotiated by and has the support of the mental health community, the business community, and the insurance industry.
The need is clear. One in five Americans will suffer some form of mental illness this year--but only a third of them will receive treatment. Millions of our fellow citizens are unnecessarily enduring the pain and sadness of seeing a family member, friend, or loved one suffer illnesses that seize the mind and break the spirit.
Battling mental illness is itself a painful process, but discrimination against persons with such illnesses is especially cruel, since the success rates for treatment often equal or surpass those for physical conditions. According to the National Institute of Mental Health, clinical depression treatment can be 70 percent successful, and treatment for schizophrenia can be 60 percent successful.
Over the years we've heard compelling testimony from experts, activists, and patients about the need to equalize coverage of physical and mental illnesses. The Office of Personnel Management talks us that providing full parity to 8.5 million federal employees has led to minimal premium increases. We heard dramatic testimony about the economic and social advantages of parity, including a healthier, more productive workforce.
Some of the most compelling testimony came several years ago from Lisa Cohen, a hardworking American from New Jersey, who suffers from both physical and mental illnesses, and is forced to pay exorbitant costs for treating her mental disorder, while paying little for her physical disorder. She is typical of millions of Americans who not only face the cruel burden of mental illness, but also the cruel burden of discriminatory treatment. No Americans should be denied equal treatment of an illness because it starts in the brain instead of the heart, lungs, or other parts of their body. No patients should be denied access to the treatment that can cure their illness because of where they live or work.
A number of States have already enacted mental health parity laws, but 86 million workers under ERISA have no protection under state mental health statutes.
Mental health parity is a good investment for the Nation. The costs from lost worker productivity and extra physical care outweigh the costs of implementing parity for mental health treatment.
Over the years study after study has shown that parity makes good financial sense. An analysis of more than 46,000 workers at major companies showed that employees who report being depressed or under stress are likely to have substantially higher health costs than co- workers without such conditions. Employees who reported being depressed had health bills 70 percent higher than those who did not suffer from depression. Those reporting high stress had 46 percent higher health costs. McDonnell Douglas found a 4 to 1 return on investment after accounting for lower medical claims, reduced absenteeism, and smaller turnover.
Mental illness also imposes a huge financial burden on the Nation. It costs us $300 billion each year in treatment expenses, lost worker productivity, and crime. This country can afford mental health parity. What we can't afford is to continue denying persons with mental disorders the care they need.
Today is a turning point. We are finally moving toward ending this shameful form of discrimination in our society--discrimination against mental illness. This bill has been seven years in the making, and brings first class medicine to millions of Americans who have been second class patients for too long.
Today, we begin to right that wrong, by guaranteeing equal treatment to the 11 million people receiving mental health services, and promising equal treatment to the remaining 100 million insured workers and their families who never know the day they may need their mental health benefit.
The 1996 Act, was an important step towards ending health insurance discrimination against mental illness. This bill will take another large step forward by closing the loopholes that remain.
It guarantees co-payments, deductibles, coinsurance, out of pocket expenses and annual and lifetime limits that apply to mental health benefits are no different than those applied to medical and surgical benefits.
It guarantees that the frequency of treatment, number of visits, days of coverage and other limits on scope and duration of treatment for mental health services are no different than those applied to medical and surgical benefits.
This equal treatment and financial equity is also applied to substance abuse.
Features of State law that require coverage of mental disorders are protected, to assure those currently protected by state parity laws that their needs will be met.
The medical management strategies needed to prevent denial of medically needed services for patients remain intact.
Finally, the bill is modeled on the parity that is already guaranteed to the 8.5 million persons, including Members of Congress, under the Federal Employee Benefits Program,
Equal treatment of those affected by mental illness is not just an insurance issue. It's a civil rights issue. At its heart, mental health parity is a question of simple justice.
It is long past time to end insurance discrimination and guarantee all people with mental illness the coverage they deserve.
I urge my colleagues to support this important principle, and end the unacceptable double standards that have unfairly plagued our health care systems for so long.
Mr. President, today we face concerns about infectious disease which few could have anticipated. Over a half century ago, following the development of modem antibiotics, Nobel Laureate Sir McFarland…
Mr. President, today we face concerns about infectious disease which few could have anticipated. Over a half century ago, following the development of modem antibiotics, Nobel Laureate Sir McFarland Burnet
summed up what many experts believed when he stated, ``One can think of the middle of the twentieth century as the end of one of the most important social revolutions in history, the virtual elimination of infectious diseases as a significant factor in social life.''
How things have changed! Today we face grave concern about pandemic influenza, and in fact every day many of the most serious health threats come from infectious diseases. When we consider the greatest killers--HIV, tuberculosis, malaria--it is clear that infectious diseases have not abated. At the same time we have seen an alarming trend as existing antibiotics are becoming less effective in treating infections. We know that resistance to drugs can be developed, and that the more we expose bacteria to antibiotics, the more resistance we will see. So it is critical to address preserving lifesaving antibiotic drugs for use in treating disease.
Today over nine out of ten Americans understand that resistance to antibiotics is a problem. Most Americans have learned that that colds and flu are caused by viruses, and recognize that treating a cold with an antibiotic is inappropriate. Our health care providers are more careful to discriminate when to use antibiotics, because they know that when a patient who has been inappropriately prescribed an antibiotic actually develops a bacterial infection, it is more likely to be resistant to treatment.
When we overuse antibiotics, we risk eliminating the very cures which scientists fought so hard to develop. The threat of bioterrorism amplifies the danger. I have supported increased NIH research funding, as well as Bioshield legislation, in order to promote development of essential drugs, both to address natural and man-made threats. It is so counterproductive to develop antimicrobial drugs and see their misuse render them ineffective.
Yet every day in America antibiotics continue to be used in huge quantities for no treatment purpose whatsoever. I am speaking of the non-therapeutic use of antibiotics in agriculture. Simply put, the practice of feeding antibiotics to healthy animals jeopardizes the effectiveness of these medicines in treating ill people and animals.
Recognizing the public health threat caused by antibiotic resistance, Congress in 2000 amended the Public Health Threats and Emergencies Act to curb antibiotic overuse in human medicine. Yet today, it is estimated that 70 percent of the antimicrobials used in the United States are fed to farm animals for non-therapeutic purposes including growth promotion, poor management practices and crowded, unsanitary conditions.
In March 2003, the National Academies of Sciences stated that a decrease in antimicrobial use in human medicine alone will not solve the problem of drug resistance.
Substantial efforts must be made to decrease inappropriate overuse of antibiotics in animals and agriculture.
Two years ago five major medical and environmental groups--the American Academy of Pediatrics, the American Public Health Association, Environmental Defense, the Food Animal Concerns Trust and the Union of Concerned Scientists--jointly filed a formal regulatory petition with the U.S. Food and Drug Administration urging the agency to withdraw approvals for seven classes of antibiotics which are used as agricultural feed additives. They pointed out what we have known for years--that antibiotics which are crucial to treating human disease should never be used except for their intended purpose--to treat disease.
In a study reported in the New England Journal of Medicine, researchers at the Centers for Disease Control and Prevention found 17 percent of drug-resistant staph infections had no apparent links to health-care settings. Nearly one in five of these resistant infections arose in the community--not in the health care setting. We must do more to address inappropriate antibiotic use in medicine, the use of these drugs in our environment cannot be ignored.
This is why I have joined with Senator Kennedy in again introducing the ``Preservation of Antibiotics for Medical Treatment Act''. This bill phases out the nontherapeutic uses of critical medically important antibiotics in livestock and poultry production, unless their manufacturers can show that they pose no danger to public health.
Our legislation requires the Food and Drug Administration to withdraw the approval for nontherapeutic agricultural use of antibiotics in food-producing animals if the antibiotic is used for treating human disease, unless the application is proven harmless within two years. The same tough standard of safety will apply to new applications for approval of animal antibiotics.
This legislation places no unreasonable burden on producers. It does not restrict the use of antibiotics to treat sick animals, or for that matter to treat pets and other animals not used for food. The Act authorizes Federal payments to small family farms to defray their costs, and it also establishes research and demonstration programs that reduce the use of antibiotics in raising food-producing animals. The Act also requires data collection from manufacturers so that the types and amounts of antibiotics used in animals can be monitored.
As we are constantly reminded, the discovery and development of a new drug can require great time and expense. It is simply common sense that we preserve the use of the drugs which we already have, and use them appropriately. I call on my colleagues to support us in this effort.
Mr. President, I rise today to introduce the ``SIMPLE Cafeteria Plan Act of 2007,'' which will increase the access to quality, affordable health care for millions of small business owners and their employees. I am pleased that my good friend Senator Bond from Missouri, as well as my good friend from New Mexico, Senator Bingaman, have agreed to co-sponsor this critical piece of legislation.
Regrettably, our Nation's healthcare system is in the midst of a crisis. Each year, more and more Americans are unable to purchase health insurance, and there are no signs that things are improving. As evidence, the United States Census Bureau estimates that nearly 47 million people did not have health insurance coverage in 2005. Sadly, this number rose from 41.2 million uninsured persons in 2001--a 13 percent increase.
The lack of health insurance is even more troubling when we look specifically at the small business sector of our economy. In 2005, according to the Employee Benefit Research Institute, a non-partisan health policy group, nearly 63 percent of all uninsured workers were either self-employed or working for private-sector firms with fewer than 100 employees. In comparison, only 13.4 percent of workers in firms with more than 1,000 employees do not have health insurance. These numbers
demonstrate that the majority of uninsured Americans work for small enterprises.
So why are our Nation's small businesses, which are our country's job creators and the true engine of our economic growth, so disadvantaged when it comes to purchasing health insurance?
The main reason that small business owners do not offer their employees health insurance is because many of them cannot afford to provide any health insurance, or other benefits to their employees. Many other small companies can only afford to pay a portion of their employees' health insurance premiums. As a result, many small business employees must acquire health insurance from the private sector rather than through their work place. This more expensive alternative is not practical or possible for the majority of the uninsured.
Clearly, we have a problem on our hands. While we can debate among ourselves why this crisis exists, and how we ended up here, what is not open for debate is that we need to start identifying ways to fix the system. It is simply unconscionable to do nothing while more and more Americans find themselves without health insurance and health care.
Currently, many large companies, and even the Federal Government, allow their employees to purchase health insurance, and other qualified benefits, with tax-free dollars. Larger companies are able to offer these accounts because they meet the specific qualifications outlined in the tax code.
Cafeteria plans is one means for employers to offer health benefits with pretax dollars. As the name suggests, cafeteria plans are programs where employees can purchase a range of qualified benefits. Specifically, cafeteria plans offer employees great flexibility in selecting their desired benefits while allowing them to disregard those benefits that do not fit their particular needs. Moreover, the employees are usually purchasing benefits at a lower cost because their employers are often able to obtain a reduced group rate price for their benefits.
Typically, in cafeteria plans, a combination of employer contributions and employee contributions are used to fund the accounts that employees used to buy specific benefits. Under current law, qualified benefits include health insurance, dependent-care reimbursement, life and disability insurance. Unfortunately, long term care insurance is NOT currently a qualified benefit available for purchase in cafeteria plans. I will come back to long term care insurance in a moment.
Clearly, cafeteria plans play a critical role in our Nation's health care system. The problem though, is that in order for companies to qualify for cafeteria plans they must satisfy the tax code's strict non-discrimination rules. These rules exist to ensure that companies offer the same benefits to their non-highly compensated employees that they offer to their highly compensated employees. These rules strive to ensure that non-highly compensated employees in fact receive a substantial portion of the employee benefits companies provide.
Now, I want to be clear. I believe that these non-discrimination rules serve a legitimate purpose and are necessary employee protections. Indeed, we need to ensure that employers are not able to game the tax system so that the cafeteria plans that qualify for preferential tax treatment are used by a majority of a companies' employees. At the same time these benefits must be made available to small companies and not just large companies.
Unfortunately, we often hear that small businesses lose skilled employees to larger companies simply because the bigger firm is able to offer a more generous employee benefit package. Many small firms have relatively few employees and a high proportion of owners or highly compensated individuals. Right now, if these small companies opened cafeteria plans they will likely violate the nondiscrimination rules, and subject their workers and organizations to taxable penalties.
Consequently, many small companies simply forgo opening cafeteria plans and offering more comprehensive employee benefits because they fear they will violate the non-discrimination rules. According to the Employers' Council on Flexible Compensation, though roughly 38 million U.S. workers had access to cafeteria plans, only 19 percent of those workers were employees of small businesses.
Allowing small business to offer cafeteria plans would provide them with much needed employee recruiting and retention tools. If more small business owners are able to offer their employees the chance to enjoy a variety of employee benefits these firms will be more likely to attract, recruit, and retain talented workers. This will ultimately increase their business output.
In order to help small companies increase their employees access to health insurance and other benefits, and help them compete for talented professionals, I am introducing the SIMPLE Cafeteria Plan Act. This bill will enable small business employees to purchase health insurance with tax-free dollars in the same way that many employees of large companies already do in their cafeteria plans. My bill accomplishes this by creating a SIMPLE Cafeteria Plan, which is modeled after the Savings Incentive Match Plan for Employees, SIMPLE, pension plan.
As with the SIMPLE pension plan, a small business employer that is willing to make a minimum contribution for all employees, or who is willing to match contributions, will be permitted to waive the non- discrimination rules that currently prevent them from otherwise offering these benefits. This structure has worked extraordinarily well in the pension area with little risk of abuse. I am confident that it will be just as successful when it comes to broad-based benefits offered through cafeteria plans.
In addition my bill will expand the types of qualified benefits that can be offered in SIMPLE cafeteria plans and existing cafeteria plans. These modifications will increase the benefits provided for all employees and the likelihood that employees will utilize their cafeteria plans to purchase these benefits.
This legislation modifies rules that pertain to employer-provided dependent-care assistance plans. First, it would increase the current $5,000 annual contribution limitation of these plans to $10,000 for employees that claim two or more dependents on their tax return. This increase is significant because it will allow taxpayers to use their cafeteria accounts to pay for the care of their children and their elderly dependent family members. As the current baby-boomer generation continues to age, this scenario will become increasingly more common.
The bill also works to address our aging populations' need for long- term care insurance. Here in the United States, nearly half of all seniors age 65 or older will need long-term care at some point in their life. Unfortunately, most seniors have not adequately prepared for this possibility, just as many working age individuals have not given much thought to their eventual long-term care needs. With the cost of a private room in a nursing home averaging more than $72,000 annually, many Americans risk losing their life savings--and jeopardizing their children's inheritance--by failing to properly plan for the long-term care services they will need as they grow older.
To address this problem, this bill would allow employees to purchase long-term care insurance coverage through their cafeteria plans and flexible spending arrangements. Allowing employers to offer long-term care benefits through these accounts would make long-term care insurance more affordable and help Americans prepare for their future long-term care needs.
Additionally, by including long-term care insurance as a qualified benefit available for purchase in cafeteria plans employers will be able to include information about long-term care options in their employee benefit packages. This will help increase employee understanding of the need to plan for their care while also increasing their access to long-term care insurance.
Small businesses are the backbone of the American economy. According to the Small Business Administration, small businesses represent 99 percent of all employers, pay more than 45 percent of the private- sector's payroll, and generated 60 to 80 percent of net new jobs annually over the last decade. It is critical that small businesses are able to offer their employees cafeteria plans so that they may purchase the health care and other benefits that will provide security for their families.
The ``SIMPLE Cafeteria Plan Act of 2007'' achieves these objectives, in a manner that employers and employees can afford. Although the use of pre-tax dollars to acquire these benefits reduces current Federal revenues, the opportunity to provide small business employees these same benefits currently enjoyed by the employees of the Federal Government, and larger companies, more than justifies this minimal investment. Therefore, I urge my colleagues to join me in supporting this important legislation as we work with you to enact this bill into law.
I ask unanimous consent that the text of the bill be printed in the Record.
I thank the gentleman for yielding. I could hardly believe my ears when I heard my friend from Florida say that this is a dilatory tactic, and the idea was to, what was it, to deny a vote on this…
I thank the gentleman for yielding.
I could hardly believe my ears when I heard my friend from Florida say that this is a dilatory tactic, and the idea was to, what was it, to deny a vote on this bill? For goodness sakes. Last night there were several attempts, several attempts to try to improve this bill in a way that would make it more palatable to more people in this House, and they were turned down every time by the majority, Democrat majority, in the Rules Committee. And so for my friend from Florida to stand up and say that that is an attempt to kill this bill, when last night she participated in an exercise to do exactly that, is just beyond me.
Mr. Speaker, I want to thank the gentlewoman from Florida (Ms. Castor) for yielding me the customary 30 minutes, and I yield myself such time as I may consume.
(Mr. HASTINGS of Washington asked and was given permission to revise and extend his remarks.)
Mr. Speaker, history is being made today in the U.S. House of Representatives. Yesterday, Democrat leaders and the Democrat-controlled Rules Committee chose for a record-setting, a record-setting 50th time to consider legislation under a completely closed process that allows no amendments, no alternatives, no substitute proposals, and permits not a single Member of this House the opportunity to change or improve the underlying bill.
Last January, the new Democrat majority promised the American people a new era of openness in the U.S. House, but they have delivered the most restrictive and unfair process in the history of the House. It is only March in the first part of the second session of this Congress, but the Democrats have already exceeded the 49 closed rules of the entire 109th Congress.
Mr. Speaker, that is a historic low. We were promised change, and we have gotten it. Only it has been change, Mr. Speaker, for the worse.
Mr. Speaker, time after time, Democrat leaders have shut down any and all opportunity for Members of the House to amend, alter or debate legislation. This is a sad and disrespectful way to approach the business of the American people and the people's House. It doesn't have to be this way, and it certainly isn't what the Democrat leaders promised a little more than a year ago. That promise has been tossed out the window, along with any pretense to seek out bipartisan compromise in passing legislation.
Mr. Speaker, the Senate has passed a bipartisan bill on mental health parity, and, Mr. Speaker, it passed unanimously. Yet House Democrat leaders refuse to even allow the bipartisan Senate compromise to be voted on in the House. An amendment to allow a House vote on the Senate compromise was blocked by the Democrat Rules Committee, just as it blocked every other amendment offered by Members of this House, and that only happened last night.
Yet the reach of this bill goes far beyond mental health parity. The $1.3 billion cost it would impose on businesses providing health care to employees is an issue that, frankly, is not addressed, or any loss of care that may result from new government mandates that are contained in the bill is also not addressed.
The reach of this bill stretches deep into the ability of doctors to provide care to patients across this country through a $3 billion cut in health care to Americans served by doctor-owned hospitals. This is the second time in 7 months that the House will vote on legislation that seeks to ban doctor-owned hospitals by cutting funding from Medicare and Medicaid to these facilities, and, as such, Mr. Speaker, it imposes a very real and serious threat to some Americans' ability to access health care.
One of the hospitals threatened by this proposal is Wenatchee Valley Medical Center in my district in central Washington. The Wenatchee Valley Medical Center, Mr. Speaker, was founded in 1940 by three physicians. In the last 68 years it has grown, and now employs 1,500 people. It serves a population of 250,000 people in an area the size of the State of Maryland and it treats 150,000 patients a year. It has been designated by the State of Washington as a ``critical need hospital'' that is serving a rural underserved area.
Today, Mr. Speaker, it is 100 percent owned by 150 doctors. Apparently, that is a crime, because this bill would outlaw this facility as it has existed for 68 years, because this bill would prohibit any hospital from being more than 40 percent owned by doctors if they are to continue receiving Medicare patients for the care that they provide to their seniors.
Mr. Speaker, the Wenatchee Valley Medical Center has been treating and caring for patients longer than there has been even 50 States in our Union, and yet this bill could end that care.
When I discussed this threat to Wenatchee with the proposal sponsors last night in the Rules Committee, they said the simple answer was to sell the 60 percent stake in a government-ordered fire sale so it meets the 40 percent limit on doctor ownership. Not only is a fair price, Mr. Speaker, unlikely to be paid when selling under a threat of government action, but it is unfair and disruptive to any institution with a long record of excellent care.
Mr. Speaker, what is so nefarious about 100 percent doctor ownership, or 75 percent, or 50 percent, or even, Mr. Speaker, 41 percent? What is magically solved with the ownership of 40 percent? The answer is nothing, nothing when it comes to Wenatchee.
The irony is not lost on me that this bill only bans doctor-owned hospitals in an effort to supposedly target bad behavior. Consider this, Mr. Speaker: If a corporation engages in the exact, in the exact same practices that this bill tries to stop doctor-owned hospitals from doing, the corporation would pay no penalty. It wouldn't even be touched. So apparently patients are safer if corporations are in charge, but patients are in danger and taxpayers are being ripped off if doctors prosper from owning a hospital and are providing excellent care.
What is really happening in this bill is a push to move our country ever closer to a Canadian-style government-run health care system, as under this bill such a Canadian-style system will replace good, high quality care from down-home doctors with the extensive medical expertise of Congress. The Federal Government will decide where Americans will get care and what hospitals will be banned or shutdown. The Federal Government will also decide when Americans are allowed to get care, if they are allowed to get care at all.
If the Federal Government can ban doctors from owning a hospital, then the health care access of every American, Mr. Speaker, in my view, is at risk. I fundamentally disagree with those who believe that an all-knowing Congress and thousands of Federal bureaucrats can deliver Americans the best health care possible.
Keep in mind, this ban on doctor-owned hospitals, quote-unquote, saves $3 billion. Ironically, Mr. Speaker, this is accomplished by denying or reducing access to care for seniors and poor Americans on Medicaid and Medicare. Instead of growing the size and power of the Federal Government by taking decisions away from local doctors and removing freedoms from individual Americans, we should be allowing American patients to make more choices and free doctors to focus on their profession of healing.
Mr. Speaker, when it comes to Wenatchee Valley Medical Center, the accusations of negligent care and fiscal rip-offs that are leveled at doctor-owned hospitals simply don't apply to this facility. Wenatchee is not guilty of the sins of others simply because it is a doctor-owned hospital since 1940. It should not be targeted or threatened for the real or anecdotal failures of recently created doctor-owned hospitals.
The language in this bill is simply not ready for passage as it is currently written. It is too broad and imprecise. It would punish honest, well-performing hospitals and doctors and their patients for the actions of others. If there is bad behavior, Mr. Speaker, to be banned, then target that behavior. Don't impose an overreaching ban that harms innocent patients and doctors.
My constituents are not alone in facing this threat. Both Mr. Hinojosa of Texas and Mr. Kagen of Wisconsin have similar concerns about health care institutions in their districts.
Efforts to improve this legislation so that it doesn't threaten and harm our home-grown hospitals have not been met with openness. In fact, we have been denied on a bipartisan basis. Last night in the Rules Committee I made three separate attempts to try to offer an amendment to protect innocent hospitals. However, Democrats on the Rules Committee chose to deny each and every attempt to preserve the stricture of my hospital and the hospitals of Mr. Hinojosa and Mr. Kagen.
Mr. Speaker, there are legitimate bipartisan concerns about the toll this language would have on local hospitals that have done no harm and who provide important health care access to thousands of Americans.
This bill needs to be corrected, not forced through the House with zero opportunity for improvement or amendment. This record-setting closed rule denies any chance for help to be provided to Wenatchee Valley Medical Center or to patients in hospitals in Texas and Wisconsin. The rule deserves to be defeated and this House allowed to vote on correcting this flawed bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 15 seconds.
If the issue is to go after doctor-owned hospitals that are not doing the ethical thing, then why not go after them instead of writing a bill that covers everything carte blanche including this facility in my district? The gentleman has not answered that. He didn't answer it last night, and he probably won't answer it today.
I yield to my friend from Texas, a member of the Rules Committee, Mr. Sessions, 2\1/2\ minutes.
Mr. Speaker, I am pleased to yield 4 minutes to the gentlelady from New Mexico (Mrs. Wilson), a member of the Energy and Commerce Committee.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Georgia (Mr. Gingrey), a former member of the Rules Committee.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Washington (Mr. Reichert).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself 4 minutes.
Mr. Speaker, there are several parts to this bill. And obviously by the remarks that I made previously, I am worried about what we call the pay-for part of that because it would have a detrimental effect, as I mentioned, on doctor-owned facilities, particularly in my district, but also in other parts of the country.
Since this issue came up some 7 months ago, we discovered that there are very few doctor-owned facilities that are unique in the sense of what I was talking about today, and I think my colleagues from Wisconsin and Texas talked about last night in the Rules Committee, and so I want to ask my friend from New Jersey who is the sponsor of this legislation, and I will be happy to yield to him.
He talked about the issue of overutilization. Now, I simply have to bring this up because I doubt that the 150,000 patients of the Wenatchee Valley Clinic would say that they are overutilizing that clinic. I think they go there because they want to have their health needs taken care of. So I don't think that is applicable to that facility, and I mentioned that in my previous remarks.
I want to ask my friend from New Jersey a question.
As I mentioned, apparently there are just a few hospitals that fall in the category that I was describing.
But there are bipartisan concerns about the effects of this bill on good hospitals providing quality care. I made that point.
Will you work with me and other Members from both sides of the aisle to protect these hospitals and to exempt them totally from this ban on doctor ownership?
I yield to my friend from New Jersey.
Reclaiming my time, I asked if the gentleman would work with me, and apparently the gentleman is saying that he won't work with me, even though this apparently is a very, very small universe, a universe of hospitals that deserve, I think, to have some sort of special consideration because if you have, for example, a government-mandated fire sale, what is the value of the enterprise that you're trying to sell? Yet that is precisely the language that you have in place.
So I'm asking you again. Since there are very few of these facilities, in three different States, would you work with us to exempt them totally from the ban that's imposed by this bill?
The gentleman answered me yes. Now go ahead with your no. Please explain your no.
I yield to the gentleman.
Reclaiming my time, I appreciate the gentleman's explanation.
To me, Mr. Speaker, this sounds precisely as a look into the future, as we move towards what I would consider, I know that some would want, a government-style health care in this country, where conditions are going to be set forth on what kind of care, when that care is, what's the condition of ownership. All of these things apparently are on the horizon, and we are seeing an inkling into the future of how that would be effected.
Mr. Speaker, I reserve my time.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, there's been a lot of discussion here today on the underlying bill, the subject of which has broad support. The issues are the PAYGO and the issues are the denial, denial of the Democrat leadership in this House to allow a vote on a bill that passed in the other body unanimously. So much for openness that was promised a little over a year ago.
Mr. Speaker, I want to focus my closing remarks on another issue, another issue that has not been taken up and needs to be addressed, and that's the FISA issue that we have talked about so many times.
It has come to my attention today, and it will be in a publication presumably tomorrow, that the distinguished majority leader said that the electronic surveillance bill, or the FISA bill, will not be taken up this week.
We are becoming unprotected in this country because we don't have all the capabilities that we need in our intelligence community.
With that, Mr. Speaker, in this rule, Democrat leaders have blocked the House from voting on a bipartisan compromise on mental health parity, as I had mentioned.
I want to talk now about modernizing the Foreign Intelligence Surveillance Act into the 21st century. The Senate has passed legislation that will
bring this 1970s Jimmy Carter-era law up to date to reflect today's age of disposable cell phones and the Internet. Yet for weeks now, House Democrat leaders have refused to allow Representatives to vote on this Senate bill. They've done this despite the public support given the bipartisan Senate compromise by 21 members of the Democrat Blue Dog Coalition.
House Democrat leaders are tying the hands of our intelligence professionals to make them jump through unnecessary red tape and paperwork to protect our country. If foreign persons in foreign places are conspiring and plotting to harm Americans and our country, then our intelligence personnel should be listening to them. They shouldn't have to waste precious time and energy on bureaucratic hurdles.
We can protect and are protecting the constitutional rights of Americans, but we also must protect their lives by recognizing the terrorist threat to our country and modernizing FISA.
I ask all my colleagues to join with me in defeating the previous question so that we can immediately move to vote on the bipartisan Senate FISA bill.
Mr. Speaker, I ask unanimous consent to have the text of the amendment and extraneous material inserted into the Record prior to the vote on the previous question.
Mr. Speaker, I urge my colleagues to oppose this 50th closed rule, record-setting 50th closed rule that denies every Member from offering an amendment on the House floor, and to vote ``no'' on the previous question and in favor of a bipartisan permanent solution that closes the terrorist loophole.
With that, Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, on that I demand the yeas and nays.
Mr. President, this Nation was founded on the principle that the future matters more than the past. It was the first Nation in the world so conceived. The Founders took great pains to ensure that…
Mr. President, this Nation was founded on the principle that the future matters more than the past. It was the first Nation in the world so conceived. The Founders took great pains to ensure that each generation would get a fresh start, free of the encumbrances of the past. They abolished primogeniture, entail, and hereditary titles. Jefferson for one believed that every twenty years or so, the books of the Federal Government should be wiped clean, so that prior generations would not be able to fob their debts off upon later ones who would have no say in the matter.
Over the last half dozen years, we have done exactly what the Founders of this Nation did not intend. We have heaped debt upon debt on the backs of our children and theirs--the very people the Founders thought should be free of such debts. In just about every corner of government and policy, the story has been the same--let's have a party today, and let our kids and grandkids clean up the mess. We've done it with energy, the environment, and, perhaps most of all, we have done it with the Federal budget.
Just six years ago, we had our fiscal house in order. The government had $5.6 trillion in projected surpluses between 2002 and 2011. We were paying down the debt. But now it's changed. We racked up the second largest deficit in our history in 2003, our largest deficit ever in 2004, the third highest deficit in 2005 and the seventh largest deficit last year.
The administration can claim to be making progress only by leaving out of its budget plans the full cost of the ongoing war against terrorism, long term relief from the alternative minimum tax, using Social Security surplus revenues for unrelated spending and by generally setting expectations so low that even failure looks good by comparison. But the reality, of course, is unless the Nation's fiscal policies are dramatically changed, we are going to see large deficits for many years in the future. At the current rate the accumulated debt of this government will grow from $8.6 trillion today to over $12 trillion by 2012.
That projected debt is bigger than the economies of Japan, Germany, France, the United Kingdom and Canada combined. It's almost $39,000 for every man, woman and child in this country. Meanwhile, the Administration has provided big tax cuts for people who use them to buy third homes, pricey wines and three-hundred-dollar dungarees. This is Me-Generation economics. It is economics that says, ``Let others make the sacrifices while we have a bash.'' It is the total opposite of the economics envisioned by the founders of this country, who said that we should meet our own obligations, clean up our own messes and pay our own way, so that those who come after us can have a future that is clear and bright.
To this end, I rise today to introduce legislation called the Act For Our Kids that I hope will help spark a serious discussion in the U.S. Congress, and across our country, about putting the Federal Government's balance sheet back in order. This legislation provides for a package of Federal spending cuts and more revenue that would raise nearly $76 billion the first full year and some $205 billion over five years and every penny would be used to reduce the Federal deficit! It is a real first step in acting like we are serious about fixing our fiscal policies and paying our bills.
Last year on the Senate floor I spoke about an agenda that Congress could be pursuing that would benefit all Americans. Among other things, I said that two of our top priorities ought to be paying our bills and taking care of our kids. Regrettably, however, the administration and the majority in Congress at that time adopted a card credit mentality to fiscal policy that would make even the most aggressive credit card companies blush. If a part of the American dream is ensuring that one's kids and grandkids get at least the same opportunities that we had to climb the economic ladder to success, then the Federal Government's recent approach to fiscal policy has been a full-blown nightmare.
Unless we change the direction of our fiscal policy, the Federal Government will ``borrow'' trillions of dollars of Social Security surplus revenues over the next decade to pay for tax cuts and other spending. Social Security faces significant financial challenges as the baby boomers retire in the years ahead. Loading up the country with more debt and diverting needed revenues away from the Social Security program will only make the program's fiscal problems worse, not better.
The real question is how are we going to dig ourselves out of this fiscal quagmire? The solution offered by the White House and the Republicans in Congress was simple: They said let's run up our Federal credit card balances even more, while at the same time giving more large tax cuts to the richest Americans.
And if President Bush is successful in permanently extending the bulk of his previous tax cuts that mostly benefit the wealthiest Americans, as he proposed in his Fiscal Year 2008 budget submission just this week, another $2 trillion in revenues will be lost over the next decade.
Frankly, I am not aware of any instance in the history of this great country where those in charge of the Federal purse decided to cut revenues on such a large scale while in the midst of war. Today we ask our young men and women in uniform to sacrifice so much, yet the wealthiest among us are not asked to contribute even a portion of their tax cuts to what we are told every day is a noble cause.
In one of his famous fireside chats, President Franklin D. Roosevelt described our obligation as citizens to support our troops during times of war. He said:
Not all of us can have the privilege of fighting our enemies
in distant parts of the world. Not all of us can have the
privilege of working in a munitions factory or a ship yard,
or on the farms or in oil fields or mines, producing the
weapons or the raw materials that are needed by our armed
forces. But there is one front and one battle where everyone
in the United States--every man, woman and child--is in
action. . . . That front is right here at home, in our daily
lives, in our daily tasks. Here at home everyone will have
the privilege of making whatever self-denial is necessary,
not only to supply our fighting men, but to keep the economic
structure of our country fortified and secure during the war
and after the war.
The sentiments of President Roosevelt's remarks are truly lost on an Administration that has borrowed every dollar it has used to pay for the war in Iraq and the global fight against terrorism.
I think the American public understands that one of our obligations as U.S. citizens is helping to defend this country in whatever way is best. But what we have been missing is leadership and at least some measure of fiscal discipline in paying our war debt and getting other parts of our fiscal house in order.
It is unfair to pile up this massive debt and heave it onto the shoulders of working families and their children. The Federal Government is expected to pay $3.3 trillion in interest payments on the debt alone during the 10-year period ending in 2017.
The legislation I am introducing today includes a number of proposals that, taken together, would reduce the Federal deficit by my estimate $205 billion over the next five years.
First and foremost, this bill requires Federal agencies to tighten their belts by cutting their administrative overhead expenses. Before we ask others to make sacrifices needed to reduce the Nation's debt load, Federal agencies must do their part.
My legislation includes other targeted cuts in Federal spending and will make changes to the tax code to ensure that the wealthiest Americans and most profitable multinational companies that do business in this country pay their fair share of taxes--revenues that are needed to defend this Nation and keep our economy strong and growing.
Among other things, the Act For Our Kids would do the following: Cut Federal agency administrative overhead by 5 percent for fiscal years 2008 through 2012 and save taxpayers an estimated $30 billion. This proposal would reduce ``nuts and bolts'' expenditures, including those relating to agency travel and transportation, advertising, office supplies, conferences and equipment. These savings must come from the bureaucracy, not programs. It is generally understood that administrative expenses do not include personnel compensation and benefits.
Eliminate $3.5 billion that remains in a giveaway fund in the Medicare drug plan. The 2003 Medicare drug bill included a $10 billion ``slush'' fund that the Secretary of the U.S. Department of Health and Human Services could tap to entice regional preferred provider organizations (PPOs) to participate in Medicare. This fund has been roundly criticized by policy experts as an inappropriate use of Federal resources. The Senate has previously supported eliminating this fund altogether and legislation enacted by Congress late last year used $6.5 billion of the $10 billion in the fund for the physician payment fix.
Make drug importation legal and safe. This will not only help consumers by reducing the cost they pay for prescription drugs, but will save the Federal Government and therefore taxpayers an estimated $1.6 billion in Federal health program costs in the five years after its enactment.
Stop providing Federal funding for TV Marti broadcasts into Cuba that are jammed and therefore are not watched by their intended recipients. This provision would save U.S. taxpayers an estimated $100 million in the next half decade.
Restore honesty and accountability in Federal contracting by, among other things, reinstating a Federal rule that would deny Federal contracts to companies with a pattern of overcharging the government or violating other Federal laws, including tax, labor and consumer protections. Other provisions in the bill would crack down on corporate cheaters and require full disclosure of contracting abuses. It requires real contract competition, bans corporate cronyism and takes other significant steps to ensure that Federal contractors. large or small, are not gouging American taxpayers. Based on information derived from similar experiences in the past, and more recently, one could easily expect these reforms would save the Federal Government some $6 billion over a five-year period.
Abolish the U.S. Court of Federal Claims. The docket of the Court of Federal Claims includes a hodgepodge of cases, including patent cases, claims involving Indian property, vaccine injury cases, claims arising from the interment of Japanese Americans, and cases arising under the Fifth Amendment's takings clause. The light caseload of this court could be handled more efficiently by Federal district courts. This elimination of the Claims Court would result in additional taxpayer savings of tens of millions of dollars over five years.
Impose a temporary 2 percent emergency tariff on all imports for two years to help correct our country's $800-billion-plus trade deficit. Article XII of the GATT, which has been incorporated into the World Trade Organization, specifically allows member countries to impose tariffs to correct a balance of payment crisis. Temporary emergency tariffs over two years would help address this crisis, while raising an estimated $66 billion for deficit reduction.
Prevent tax avoidance for U.S. multinational companies that move profits to offshore tax havens by generally treating their controlled ``paper or shell'' subsidiaries set up in foreign tax-haven countries as domestic companies for U.S. tax purposes. This proposal would save taxpayers another $5.8 billion over five years.
Repeal the perverse Federal tax subsidy called tax deferral for U.S. companies that shut down manufacturing plants in the U.S. and move jobs abroad, only to ship their now foreign-made products back into our country. Killing this ill-advised tax break for runaway manufacturing plants would help level the financial playing field for domestic manufacturers while saving taxpayers some $4.2 billion over a five-year period.
Clarify and enhance the application of the economic substance doctrine that courts apply to deny tax benefits from business tax shelter transactions that do not result in a meaningful change to the taxpayer's economic position other than a reduction in their Federal income tax. This proposal would save taxpayers an estimated $5.8 billion over the next five years.
Rescind on a prospective basis a portion of the major tax cuts passed by Congress since 2001 for individuals who are earning more than $1 million annually. Providing some $90 billion in additional large tax cuts over the next five years for millionaires when the Nation is still accruing massive debt and paying ongoing war costs is irresponsible in my judgment.
Disallow the tax deduction for punitive damages that are paid or incurred by taxpayers as a result of a judgment or in settlement of a claim. Allowing a tax deduction for punitive damages undermines the use of punitive damages to discourage and penalize the activities or actions for which punitive damages are imposed. Making this change would save taxpayers about $130 million over a 5-year period.
Lift the U.S. ban on travel to Cuba by U.S. citizens. Repealing this obsolete and ineffective restriction on travel to Cuba would raise an estimated $1 billion in U.S. tax revenues over five years from increased U.S. business activity.
Extend permanently the Federal Communications Commission's (FCC's) authority to auction licenses to those using the radio spectrum. This FCC authority was recently extended by Congress through 2011. A permanent extension of this authority would raise $1 billion between 2012 to 2016, about $200 million annually starting in 2012.
The provisions I have highlighted above and others in the bill would help reduce the Federal debt by what I roughly calculate is $205 billion over the next half decade. I understand that this package does not fully cover our outstanding debt obligations. But I think it is a reasonable and balanced package of spending cuts and revenue enhancements that offer a first installment that will help us begin a thoughtful process of curbing our addiction to deficit spending and hopefully head us once again toward truly a balanced budget not counting Social Security surplus revenue that should be set aside for future beneficiaries, and not used for unrelated spending.
Garrison Keillor once said, ``Nothing you do for children is ever wasted. They seem not to notice us, hovering, averting our eyes, and they seldom offer thanks, but what we do for them is never wasted.'' I believe that one of the greatest gifts we can give for our kids is a future without a mountain of debt from under which they may never dig out. To make this happen, however, we need to set aside our differences and come together, Republicans and Democrats, conservatives and liberals alike, and begin to confront our recent obsession with debt financing. When we decide to do so, our Nation will be better for it, and so will the future of our children.
Mr. President, I rise to join my colleagues in introducing the Head Start for School Readiness Act. Head Start programs are critical to ensuring that all children, regardless of their background,…
Mr. President, I rise to join my colleagues in introducing the Head Start for School Readiness Act.
Head Start programs are critical to ensuring that all children, regardless of their background, enter school ready to learn and succeed. I want to thank Senator Kennedy and his staff for his ongoing commitment to our bipartisan approach, which has resulted in a bill that meets the needs of children and families who participate in the Head Start program throughout our Nation. I would also like to thank our colleagues Senators Alexander and Dodd and their staff for their fine work as well.
This legislation would reauthorize the Head Start program and help ensure that children in this important program will be better prepared to enter school with the skills to succeed. Success in life depends a great deal on the preparation for that success, which comes early in life. It is well documented in early childhood education research that students who are not reading well by the third grade will struggle with reading most of their lives. Head Start provides early education for over 900,000 children each year, most of whom would not have the opportunity to attend preschool programs elsewhere. It is because of these 900,000 children we have all worked so hard to improve and strengthen this Act.
I am particularly pleased with the accountability provisions we put forth in this legislation. The legislation we introduce today limits the timeframe for Head Start grantees to appeal decisions made by the Secretary to terminate grants. In some instances, Head Start grantees have been found to be operating programs that are unsafe or misusing Federal funds--and are often continuing those bad practices for months, as long as 600 days in some cases--during the termination process. This equates to children not receiving quality services, and instead of being prepared for success, they fall further behind.
Additional steps have been taken in this legislation to increase the quality of the Head Start program including providing the Secretary the authority to terminate a grantee that has multiple and recurring deficiencies that has not made significant and substantial progress toward correcting those deficiencies.
We recognize that a vast majority of the Head Start agencies provide high quality, comprehensive services for
children in the Head Start programs. However, the provisions in this bill will create an important incentive for programs to operate at their best, and in the best interest of the children they serve.
Senator Dodd has provided valuable leadership as we worked to develop a clear policy on the roles and responsibilities of the governing body and policy councils. We have worked together to clarify and strengthen the roles of the governing body and policy councils. After careful review, the Committee found that many of the important fiscal and legal responsibilities of Head Start grantees were not explicitly assigned. The bill clarifies those responsibilities leading to more consistent, high quality fiscal and legal management, which will ensure these programs are serving children in the best possible way.
I want to particularly note emphasis we have placed on the role of parents in Head Start programs. It is vital to remember that this program provides services to children and their families. Parents provide valuable insight and experience as to what a Head Start program should do for children.
Senators Alexander, Kennedy, and Dodd have worked tirelessly on this legislation and championed increasing coordination, collaboration, and excellence in early childhood education and care programs. I wish to thank my colleagues on the Committee, particularly Senators Kennedy, Alexander, and Dodd, for their work in drafting this bipartisan legislation to reauthorize the Head Start Act. I believe the legislation we are introducing today will improve the quality and effectiveness of the Head Start program for generations of children to come. It is my hope that our bipartisan efforts will continue to produce results as we move the bill through the Senate and into Conference.
Mr. President, first and foremost I want to thank my respective colleagues Senator Kennedy and Senator Domenici for their dedication and leadership on the issues of mental health parity. Your commitment and willingness to compromise has gotten us to the point where we are today--introducing a mental health parity bill that has the potential to be signed into law this year.
For many this is monumental. Parity for mental health benefits was first championed by the late Senator Paul Wellstone. Senator Domenici in memory of our late colleague took over as the lead advocate for this legislation after the passing of Senator Wellstone.
Today is a reflection of your hard work, Senator Domenici, as well as the groundwork that was laid by the late Senator Paul Wellstone.
The advocacy of my good colleagues Senator Wellstone and Domenici helped to get the Mental Health Parity Act of 1996 signed into law. This legislation acted as a catalyst for many states to take action in passing their own mental health parity laws. To date 38 States have passed some sort of mental health parity or benefit law. Many of these laws go much farther than the 1996 Act. However, there is a concern that while the 1996 Act requires parity for annual and lifetime dollar limits on coverage, group plans may impose more restrictive treatment and cost sharing requirements. This is a legit concern. There is a also a valid concern that requiring parity or mental health benefits will drive up the cost of insurance, and result in group plans offering less coverage or even worse dropping coverage for both mental and physical health. The bill introduced today recognizes both of these concerns and addresses them. This in turn breaks the log jam that has halted efforts in the past three Congress's to pass a Mental Health Parity Act that is more widely known as the Paul Wellston Mental Health Equitable Treatment Act.
The Mental Health Parity Act we are introducing today is a compromise between the proponents and those who opposed the Paul Wellstone Mental Health Equitable Treatment Act. It is a result of two years of discussion and compromise between the business and insurer industry and the mental health community. I want to thank both of you for coming together in good faith to find a middle ground on an issue has polarized stakeholders. Your support and input has been critical to making this process work. Your willingness to work together to accommodate each others concerns, makes it possible for a mental health parity law to be enacted this Congress.
A vital component of the Mental Health Parity Act introduced today recognizes the importance and need for treating mental health equal to physical health, without unfairly mandating group health plans offer mental health coverage. The legislation applies only to those group health plans that already offer physical and surgical benefits as well as mental health benefits. It does not mandate what types of mental health benefits must receive parity, but leaves that to be defined under the terms of the plan or coverage or as defined under State law. What this legislation does do, is require a plan to provide financial requirements and treatment limitations applied to mental health benefits equal to the financial requirements and treatment limitations applied to medical and surgical benefits that the plan covers. For example, deductibles, co-payments, coinsurance, out of pocket expenses, frequency of treatment, number of visits and days of coverage will now be treated equally for mental health and physical health. To allow for health plans to adequately manage the new parity requirement mechanisms are authorized to allow for medical management tools to be used by health plans. Provisions of this law will preempt provisions of State law that differ. But again, this bill would not preempt State laws mandating that mental health benefits be covered. Furthermore, States that elect to adopt the Federal standards would not be subject to preemption.
In addition, the legislation recognizes the stress many small business employers are under to provide health care to their employees, thus, this bill does exempts small employers. Any employer with 50 or less employees will not be affected by the Federal law, but must still comply with its State law or regulation.
Another critical component of this compromised legislation is a cost exemption. Under the provision, an employer may elect to continue to offer mental health parity if a group plan results in an increase of 2 percent in the case of the first plan year and 1 percent in the case of each subsequent plan year.
The compromises made in this legislation are of great importance to making sure this legislation will not burden employers struggling with health care costs, while not compromising the significance or effect this legislation will have in ensuring individuals have better access to critical mental health services. Approximately 1 in 5 Americans ages 18 and older, have a mental disorder that can be diagnosed in a given year according to the Substance Abuse and Mental Health Service Administration. However, their ability to receive treatment may be hindered due to cost issues or the stigma attached to mental illness. This legislation will help to address both by sending the message that mental health is just as important as physical health, and needs to be treated with the same amount of importance. This bill signals to an individual diagnosed with schizophrenia that his or her illness is as real as an individual diagnosed with diabetes and that they should not have to pay more for the mental illness than the physical. This legislation will help an employee covered by an affected plan who has a child with bipolar disorder better access to the treatment that child needs. In the past 20 years new technologies and treatments have advanced our understanding and ability to treat a mental illness. We now know with the right diagnoses, support, treatment and case management a person with mental illness can be a contributing member of society. It is time to update our laws to reflect this.
While introduction today is a huge step forward for a Mental Health Parity law, much more needs to be done to secure its passage. The legislation, as it is currently crafted, still must pass through the Senate Health, Education, Labor and Pensions Committee as early as Wednesday, the full Senate and then the House. At this point, a process has been created that allows for open and honest discussion. I encourage my colleagues and the stakeholders to continue this process and to remain together throughout each step of the way. By working together, instead of against each other, we can achieve passage of this legislation.
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Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1014 and ask for its immediate consideration. Mr. Speaker, I yield myself such time as I may consume. I strongly oppose…
Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 1014 and ask for its immediate consideration.
Mr. Speaker, I yield myself such time as I may consume.
I strongly oppose the gentleman's point of order.
This point of order is being raised today for one purpose and one purpose only, that is, to block this rule and ultimately the underlying bill, an underlying bill that prohibits discrimination against Americans with mental illness.
I'm heartened by the fact that I do not believe the gentleman's point of order comes from a unanimous opinion of the other side of the aisle because the underlying bill is a bipartisan effort cosponsored by 274 Members of the House of Representatives. Yet there are opponents of this bill, and they will raise these dilatory tactics. The opponents don't even want to allow a debate or a final vote on this critical measure. They simply want to stop the process and kill the bill through this procedural maneuver.
So despite whatever dilatory procedural devices the other side tries to use to stop this bill, we will stand up for the millions of Americans who need parity in mental health coverage, and we will vote to consider this important legislation today.
We must consider this rule, and we will pass the Paul Wellstone Mental Health and Addiction Equity Act today.
Mr. Speaker, I reserve the balance of my time.
Will the gentleman yield?
Mr. Speaker, I am pleased at this time to yield 2 minutes to my colleague from Tennessee (Mr. Cohen).
At this time I will reserve the balance of my time.
Mr. Speaker, I urge a ``yes'' vote on the consideration of the resolution so we can move forward on the rule and to consider the bill.
Those that oppose our efforts to end discrimination when it comes to mental health services will get their opportunity to debate the bill and to vote against these measures.
So with that, Mr. Speaker, I urge a ``yes'' vote to consider the rule.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, for the purpose of debate only, I yield the customary 30 minutes to my colleague from the Rules Committee, the gentleman from Washington (Mr. Hastings). All time yielded during consideration of the rule is for debate only.
General Leave
Mr. Speaker, I ask unanimous consent that all Members be given 5 legislative days in which to revise and extend their remarks on House Resolution 1014.
I yield myself such time as I may consume.
Mr. Speaker, House Resolution 1014 provides for the consideration of H.R. 1424, the Paul Wellstone Mental Health and Addiction Equity Act of 2007, which expands the Mental Health Parity Act of 1996 to provide for equity in the terms of employer-sponsored health benefits for mental health and substance-related disorders compared to medical and surgical disorders.
Mr. Speaker, this is an anti-discrimination bill, this is a health care bill, this is a pro-business economic development bill, this is also a pro-family bill, and this is a bill that supports our veterans. This is a bipartisan effort, with 274 cosponsors in the House, of which I am proud to be one.
Unfortunately, Federal action is necessary because Americans who suffer from illnesses like depression, postpartum depression, severe anxiety, bipolar disorder, and many other diseases are being discriminated against. You see, HMOs and many health insurance companies have been more focused on their bottom lines than on the health of our families. Mental health is just as critical to our lives and well-being as any physical ailments or disease. And yet health insurers continue to treat mental illness differently from physical illness.
In America, more than 50 million adults, at least 22 percent of the U.S. population, suffer from mental health issues or substance abuse disorders. In addition, one out of every 10 children or adolescents has a serious mental health problem and another 10 percent have mild to moderate problems. Untreated mental illness harms our families and children, emotionally and financially. Untreated mental illness results in higher costs for businesses in lost productivity. Untreated mental illness often leads to criminal activity, which is very costly. Mental disorders are the leading cause of disability for individuals aged 15 to 44 in the United States.
A study sponsored by the National Institute of Mental Health revealed that mental and addictive disorders cost our country more than $300 billion annually. This includes productivity losses of $150 billion, health care costs of over $70 billion, and $80 billion for costs such as criminal justice.
Unfortunately, less than one-third of the people with a mental disorder who seek care receive adequate treatment. Despite the losses suffered in our society as a result of mental illness and all of the studies that demonstrate this, national employer survey data indicates that mental health coverage still is not offered at comparable coverage to other medical conditions.
Even after passage of the 1996 Mental Health Parity Act and all of the efforts of the States, the Government Accountability Office found that 87 percent of plans had more restrictive design features for mental health benefits than for medical and surgical benefits. In addition, many employers have adopted restrictive measures, such as limiting the number of covered outpatient visits for mental illness. This is so shortsighted. It is so costly.
Former Surgeon General Dr. David Satcher found that when health insurance plans unevenly impose higher costs for mental health services, the result, of course, is a reduction in treatment for those who need it, lost productivity and higher costs in the long run. Dr. Satcher stated that this is a true issue of fairness in coverage.
Similarly, another recent study found that deductibles and outpatient cost sharing were much higher for substance abuse than for general medical care. Well, this legislation addresses those inequities and provides a cost-effective way of providing increased access to mental health care. The bill prohibits discrimination by diagnosis by requiring coverage of all mental illnesses and substance-related disorders, just as we provide for Members of Congress and others covered by the Federal Employees Health Benefits Program. Treatment for mental illness is a proven money-saver. In fact, for every $1 spent on treatment, we save over $12.
Mr. Speaker, we all owe a debt of gratitude to Mr. Kennedy of Rhode Island and Mr. Ramstad of Minnesota for their bipartisan leadership on this legislation and their work to provide for the mental health needs of our families, our neighbors, our veterans and our children. We also owe great thanks to the Wellstone family. But, most of all, we can't forget the families throughout America who have a modest request of their Congress, and that is that they be treated fairly.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is truly a good-news story for American families today, because not only are we going to outlaw discrimination against those who suffer from mental illness, but we adhere to the pay-as-you- go rules that were adopted by this Congress, led by Democrats, at the beginning of this Congress. Pay-as-you-go means that this bill is paid for.
And while I certainly respect the gentleman from Washington for speaking up for a medical center which operates in his district, there is a bigger picture here. And to explain that bigger picture, I yield 2\1/2\ minutes to the gentleman from New Jersey (Mr. Pallone), who chairs the Subcommittee on Health for the Energy and Commerce Committee.
Mr. Speaker, I am proud to yield 2 minutes to the gentlewoman from the powerful Rules Committee and the State of California (Ms. Matsui).
Mr. Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson-Lee).
(Ms. JACKSON-LEE of Texas asked and was given permission to revise and extend her remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Minnesota (Mr. Ellison).
Mr. Speaker, I yield 1 minute to the gentlewoman from California, a champion for America's families, children, and veterans, and the Speaker of the House, Ms. Pelosi.
Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr. Davis).
(Mr. DAVIS of Illinois asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Cummings).
Mr. Speaker, I have the right to close, and we do not have any additional speakers, so I will reserve the balance of my time until my colleague has made his closing remarks.
Mr. Speaker, back on the Paul Wellstone Mental Health Equity Act, I submit for the Record a letter of support from the Federation of American Hospitals along with a related letter from the American Hospital Association, Coalition of Full Service Community Hospitals and Federation of American Hospitals.
Federation of American Hospitals,
March 3, 2008.
Speaker Nancy Pelosi,
U.S. Congress,
Washington, DC.
Minority Leader John Boehner,
U.S. Congress,
Washington, DC.
Dear Speaker Pelosi and Leader Boehner: The Federation of
American Hospital (FAH), representing America's investor-
owned and managed hospitals and health systems, supports
swift passage of the Paul Wellstone Mental Health and
Addiction Equity Act of 2007 (H.R. 1424). This 1egislation
will provide greatly needed access to mental health treatment
for Americans who need it most.
This bipartisan legislation would end prevalent forms of
health insurance discrimination against patients with
debilitating chronic mental illnesses. Additionally, H.R.
1424 will assist millions of Americans in obtaining the
necessary hospital care they need and were previously denied
because of inadequate mental health coverage.
H.R. 1424 is paid for, in part, by prohibiting physician
self-referral to a hospital in which a physician has an
ownership interest. Physician self-referral presents an
inherent conflict of interest, creates an unlevel, anti-
competitive playing field; threatens patient safety; fails
low-income and uninsured patients; and, has resulted in the
overutilization of limited Medicare resources. We strongly
support this provision.
We deeply appreciate Congress's ongoing commitment to
mental health parity and strengthening the Medicare program.
Sincerely,
Mr. Speaker, I yield back the balance of my time, and I move the previous question on the resolution.
Mr. Speaker, I thank my friend, Mr. Andrews. Mr. Speaker, it will be a landmark day when we realize that health is not just about fixing broken bones. It's about having a healthy, complete individual…
Mr. Speaker, I thank my friend, Mr. Andrews.
Mr. Speaker, it will be a landmark day when we realize that health is not just about fixing broken bones. It's about having a healthy, complete individual from head to toe.
Today the House takes an important step to require mental health parity in insurance, and I particularly want to thank and recognize Patrick Kennedy and Jim Ramstad, and the late Paul and Sheila Wellstone.
Mr. Speaker, millions of Americans suffer from mental illness of some form. Few Americans are untouched and no one is immune.
Some of my colleagues have expressed their concern about the cost of providing mental health parity; yet an analysis of the bill indicates that it would result in an increase of less than 1 percent in premiums and would reduce out-of-pocket costs by about 18 percent. Further, according to a recent article in the Journal of the American Medical Association, employers who actively encourage their employees to use mental health services actually experience better health outcomes and, I want to emphasize this, increases in hours worked and productivity gained.
I include in the Record an editorial from the Journal of the American Medical Association from last September of 2007 dealing with the treatment of depression.
Reducing the Burden of Depression--Building Villages for Coordinated
Care
(Kenneth B. Wells and Jeanne Miranda)
In this issue of JAMA, Wang et al provide evidence that
implementing depression care programs through employer-
sponsored managed behavioral health can improve clinical
outcomes, job retention, and effective hours worked compared
with usual care. The programs encouraged depressed workers to
learn about and use evidence-based depression treatments,
supported clinicians in following practice guidelines, and
offered telephone counseling and self-help workbooks. The
monetary value of the increased work time under the program
exceeded the direct intervention costs and likely exceeded or
was within the range of cost increases due to greater mental
health specialty use under the intervention. While formal
estimates of cost-effectiveness and employer return on
investment are pending, it appears to be in the business
interests of many employers to implement such programs to
protect their investments in the retention and productivity
of workers they have hired and trained.
These findings should be evaluated within the context of
the simple but startling facts about depression. Clinical
depressive disorders are among the most prevalent of major
medical conditions, affecting about 16% of adults in their
lifetime. Owing to high prevalence, early age at onset
(unlike other debilitating disorders that occur past the age
of parenting and work responsibilities), and strong impact on
functional status, depressive disorders are leading
contributors to disability worldwide. Depressive disorders
are highly treatable yet often remain unrecognized and
untreated. While a number of effective programs promote
higher use of treatments in service delivery settings,
particularly primary care practices, these programs are not
yet widely implemented. Thus, technology is available to
treat this disabling condition, but US health care systems
have failed to take full advantage of the technology to
reduce personal or societal consequences of depression.
The intervention approach in the study by Wang et al can be
characterized as ``building a village'' of health plans,
clinicians, and resources that ``surround'' depressed persons
with opportunities to learn about and engage in evidence-
based care, attending to a careful fit of intervention
requirements and context-specific implementation options.
This approach has generally proven effective in primary care,
and the substantial outreach efforts mirror those in the WE
Care study demonstrating that depression treatments are
effective for low-income and minority women. In the study by
Wang et al telephone managers from the behavioral health
company offered counseling and communicated recommendations
to clinicians, an extension of their usual role. In the
Partners in Care study, primary care nurses expanded their
disease management skills to include assessment, education,
and follow-up concerning depression. In both studies,
patients and clinicians were free to use or not use study
resources according to their preferences. Such interventions
have the advantage of preserving the naturalistic context of
the delivery systems, potentially facilitating the
translation of findings into change by example. Interventions
in both studies achieved roughly similar outcomes: a 10
percentage-point gain in use of appropriate treatment and in
recovery from depression over a year, as well as roughly 2
more weeks of days worked in a year in the study by Wang et
al and a month more of days worked over 2 years in Partners
in Care.
Depression interventions have many advantages for
individuals, their family and friends, employers and society,
over and above relief of individual symptoms. As mothers'
depression improves following care, for example, their
children also enjoy improvements in mental health. The study
by Wang et al demonstrates that treatment of depression
increases productivity and may reduce economic losses due to
depression for employees and employers. If such gains exceed
costs of providing the interventions and treatments, there is
``money on the table'' across stakeholders that could be used
to pay for interventions. Why then do many individuals with
depression endure their illness without care?
One barrier to care is that depression affects motivation
and cognition, making it difficult for many individuals with
depression to realize they have a need and obtain care
without the outreach provided by nurse/care managers. Family
members also may fail to identify depression or have
knowledge about appropriate care. This suggests that
opportunities to improve access to depression care should be
embedded within an infrastructure available to potentially
depressed persons, such as primary care settings. However, an
awareness of the effects of treatment on social costs such as
productivity may not provide a strong incentive for
clinicians and health plans to improve care, as they do not
necessarily face immediate financial consequences from
patients' changes in productivity or may not track this
outcome. Yet most private health care in the United States is
financed through employer-sponsored insurance. Direct
contributions to the bottom line of employers offers them an
incentive to promote depression care, independent of policy
mandates or other motives such as responding to employee
demand.
Other stakeholders, including policy makers and the public,
may benefit from improved depression care through an
increased tax base from employees who work more or an overall
improved economy. Yet it is challenging in the US policy
environment to use economic gains from one policy sector such
as the labor market as leverage to support improved health
care, However some policy changes could be implemented to
better align the incentives to implement depression care
programs across diverse stakeholders and to avoid undermining
the goals of such programs, for example by excluding
depression treatment from health insurance coverage when
changing jobs or insurance based on a recent history of
depression treatment in an employer-based depression program.
Under such an ill-advised policy, the risk of losing coverage
would serve as a major deterrent to seeking care.
The need to coordinate program implementation and policy
suggests an expanded concept of ``a village,'' that includes
not only wrap-around interventions but coordinated efforts
across affected stakeholders. It may be trite that the
stakeholder with the most power to influence services
delivery for most Americans is the employer, but broader and
deeper change in access to depression care may yet require a
concerted effort among affected parties to yield prograns
that address public and self-stigma and to provide access to
depression treatments under policies that
facilitate use of such programs and do not penalize
individuals for using them. Studies such as that by Wang et
al strongly support such integrated solutions.
Exactly how programs to improve depression care are
implemented may affect the distribution of benefits--an
important issue given evidence of disparities in quality of
depression care and the potential for practice-based programs
to overcome disparities in depression outcomes. Developers of
interventions and policies should consider implications of
their design for inclusion of underserved groups who may not
seek behavioral health care. Despite the extensive efforts by
Wang et al to reach general employees, the majority of
persons had already inquired about outpatient care. Learning
how to optimize personal and societal gains by improving
access to quality depression care across diverse communities
through employer, practice, and community-based programs and
policy changes is a next agenda for evidence-based action. As
a community participant in the Witness for Wellness program
recently stated: ``Depression is everybody's business.''
Now, ultimately, despite the economic arguments in favor of parity, it is not a debate about dollars and cents but about lives saved and people restored. Let's work to ensure that those who need access to mental health will get it.
Mr. President, I rise in support of S. 558, the Mental Health Parity Act of 2007. After many months of negotiations, I am pleased to call myself a strong supporter of this legislation. I thank the…
Mr. President, I rise in support of S. 558, the Mental Health Parity Act of 2007. After many months of negotiations, I am pleased to call myself a strong supporter of this legislation. I thank the Chairman of the Health, Education, Labor and pensions Committee and the senior Senator
from New Mexico for working with me and congratulate them on passage of S. 558. They and their staff have worked long hours to craft this compromise bill. Supporters of mental health parity, old and new, should commend the leadership of Senators Kennedy and Domenici for their years of commitment and struggle to pass expanded Federal mental health parity legislation.
Millions of Americans are affected by mental illness. Each year, more than 50 million American adults will suffer from a mental disorder. All of us know a friend, a relative, a neighbor, a colleague whose life has been touched by mental illness, either their own or the illness of a loved one. Yet despite the compelling need, under many health plans, mental health benefits are much more limited than benefits for medical or surgical care. Even though a range of effective treatments exist for almost all mental disorders, those suffering from mental illness often face increased barriers to care and the stigma that underlies discriminatory practices in how we treat mental illness. These are the individuals that have insurance. It can only be worse for those without insurance. Mental health must not take a backseat to other health conditions.
My own State of Connecticut recognized the disparity between insurance coverage for physical and mental illness and made significant steps to address it by enacting strong mental health parity and consumer protection laws. These laws far exceed what exists currently at the Federal level and I believe the bill being passed by the Senate today will allow my State to maintain those strong laws in the future.
I was an original cosponsor of the original mental health parity bill in 1996 along with Senator Domenici and the late Senator Wellstone and have been a strong supporter of efforts to strengthen that bill since it was signed into law. But the legislation the HELP Committee marked up last February was different from what our late colleague Paul championed for so many years. The legislation our committee marked up contained preemption language which was broader in scope than what was in Federal mental health parity bills in the past.
For that reason, I offered amendments during that markup to address preemption in a way I believed would have taken a major step toward protecting State insurance laws and ensuring that we do no harm to State-based consumer protections through passage of Federal mental health parity. At that markup, I voiced concerns about the impact the bill would have on States like Connecticut who have strong mental health parity laws, strong consumer protection laws, and strong benefit mandate laws.
As a result of my continued concerns about the impact this bill would have on the residents of my State, I withheld cosponsorship of the legislation until the issues surrounding preemption could be resolved. Due to the hard work and dedication of members on both sides of the aisle, my concerns have been addressed and I can now support the legislation.
Specifically, the bill being passed today removed the broad preemption language entirely. The bill now relies on the existing preemption of State law standard currently in the Employee Retirement Income Security Act and the Public Health Service Act, preserving States' laws relating to health insurance issuers. In many States, such issuers contract out the key insurance function of reviewing medical claims by their insureds to utilization review or medical management companies, which are licensed and regulated by the states. In fact, the legislation written by Chairman Kennedy, called the Health Insurance Portability and Accountability Act, HIPAA, was an innovative approach to Federal health care reform that has worked well in setting a minimum standard of protections while allowing stronger State-based consumer protections. It is my understanding that the bill passed today will operate in a very similar manner.
I thank Senators Kennedy and Domenici for entering into a colloquy with me to further clarify the intent of this legislation. They have been open and willing to working with me since the HELP Committee markup occurred to address the concerns I had with this legislation. I would also like to acknowledge and thank the tremendous work and expertise of Mila Kofman, Associate Research Professor, Health Policy Institute, Georgetown University. She worked tirelessly to assist the members and staff through the complex issues of ERISA and preemption. From my own State of Connecticut, I would like to thank Kevin Lembo, Victoria Veltri, and Richard Kehoe who worked closely with my staff to ensure that Connecticut's strong mental health parity laws would be protected under this legislation.
The bill we are passing today will not only mean new Federal protections for people in self-insured ERISA plans, but it will also protect workers and families in States with insurance laws that are stronger than the Federal ones by allowing those State laws to remain in effect. It reflects months and years of hard work and compromise. It is a victory for patients who need coverage for mental health services and I am pleased to stand in support of this legislation.
I thank the chairman of the HELP Committee and the distinguished senior Senator from New Mexico and congratulate them on passage of S. 558, the Mental Health Parity Act. They and their staff have worked long hours to craft this compromise bill, and I congratulate them on this victory for individuals with mental illness throughout the country. Supporters of mental health parity, old and new, should commend the leadership of Senators Domenici and Kennedy for their years of commitment and struggle to pass Federal mental health parity legislation.
I was an original cosponsor of the original mental health parity bill in 1996, along with Senator Domenici and the late Senator Wellstone, and have been a strong supporter of efforts to strengthen that bill since it was signed into law. But, as my colleagues may know, the legislation the HELP Committee marked up last February which is now before the Senate is different from what our late colleague Paul championed for so many years. The legislation our committee marked up contained preemption language which was broader in scope than what was in Federal mental health parity bills in the past. For that reason, I filed amendments during that markup to address preemption in a way I believed would have taken a major step toward protecting State insurance laws and ensuring that we do no harm to State-based consumer protections through Federal mental health parity. At that markup, I voiced concerns about the impact the bill would have on States like Connecticut who have strong mental health parity laws, strong consumer protection laws, and strong benefit mandate laws.
As a result of my continued concerns about the impact this bill would have on the residents of my State, I withheld cosponsorship of the legislation until the issues surrounding preemption could be resolved. I am pleased to say that because of the hard work and
dedication of Members on both sides of the aisle, my concerns have been addressed and I can now support the legislation.
The bill passing the Senate today relies on the existing preemption of State law standard currently in ERISA and the Public Health Service Act, preserving States laws relating to health insurance issuers. In many States, such issuers contract out the key insurance function of reviewing medical claims by their insurers to utilization review or medical management companies, which are licensed and regulated by the States. In fact, the legislation written by the Senator from Massachusetts, called HIPAA, was an innovative approach to Federal health care reform that has worked so well in setting a minimum standard of protections while allowing stronger State-based consumer protections. Is it the distinguished senior Senator from Massachusetts' belief that S. 558 preserves the States' ability to regulate such companies?
Is it also the understanding of the senior Senator from New Mexico that this legislation will not only mean new Federal protections for people in self-insured ERISA plans, but it will also protect workers and families in States with insurance laws that are stronger than the Federal ones by allowing those State laws to remain in effect?
I thank the Senator and want to thank the Senator from Massachusetts for allowing my concerns about preemption and protecting State laws to be heard in the committee and for working tirelessly with me to address those concerns. The bill we are passing reflects months and years of hard work and compromise, and I am pleased to voice my strong support for S. 558. It is a victory for patients who need coverage for mental health services.
Mr. President, today is a landmark day in our nation's struggle to achieve access to mental health services for all Americans. The Mental Health Parity Act of 2007 reflects a major agreement by the…
Mr. President, today is a landmark day in our nation's struggle to achieve access to mental health services for all Americans. The Mental Health Parity Act of 2007 reflects a major agreement by the mental health community, business leaders, and the insurance industry to guarantee that persons with mental health needs receive fair and equitable health insurance. Its passage will mean dramatic new help for 113 million Americans who today are without mental health care and treatment.
Access to such care and treatment is one of the most important and neglected civil rights issues facing the nation. For too long, persons living with mental disorders have suffered discriminatory treatment at all levels of society. They have been forced to pay more for the services they need and to worry about their job security if their employer learns of their condition. Sadly, in America today, patients with biochemical problems in their livers receive better care and greater compassion than patients with biochemical problems in their brains.
This bill will help end such unacceptable discrimination. As we have seen in the recent bipartisan CHIP legislation, no one questions the need for affordable treatment of physical illnesses, but those who suffer from mental illnesses face serious barriers in obtaining the care they need at a cost they can afford.
Like those suffering from physical illnesses, persons with mental disorders deserve the opportunity for quality care. The failure to obtain treatment can mean years of shattered dreams, unfulfilled potential and broken lives.
The need is clear. One in five Americans will suffer some form of mental illness this year, but only a third of them will receive treatment. Millions of our fellow citizens are unnecessarily enduring the pain and sadness of seeing a family member, friend, or loved one suffer illnesses that seize the mind and break the spirit.
Battling mental illness is a difficult process, but discrimination against persons with such illnesses is especially cruel, since the success rates for treatment often equal or surpass those for physical conditions. According to the National Institute of Mental Health, clinical depression treatment can be 70 percent successful, and treatment for schizophrenia can be 60 percent successful.
Eleven years ago, a bipartisan majority in Congress approved the original Mental Health Parity Act. That legislation was an important first step in bringing attention to discriminatory practices against the mentally ill, but it did little to correct the injustices that so many Americans continue to face. This bill takes the actions needed to end the long-standing discrimination against persons with mental illness.
Over the years we have heard compelling testimony from experts, activists, and patients about the need to equalize coverage of physical and mental illnesses. Some of the most forceful testimony came several years ago from Lisa Cohen, a hardworking American from New Jersey, who suffers from both physical and mental illnesses, and is forced to pay exorbitant costs for treating her mental disorder, while paying very little for her physical disorder. Lisa is typical of millions of Americans for whom the burden of mental illness is compounded by the burden of unfair discrimination.
No Americans should be denied equal treatment for an illness because it involves the brain instead of the heart, the lungs, or other parts of their body. Mental health parity is a good investment for the Nation. The costs from lost worker productivity and extra physical care outweigh the costs of implementing parity for mental health treatment.
Study after study has shown that parity makes good financial sense. Mental illness imposes a huge financial burden on the Nation. It costs us $300 billion each year in treatment expenses, lost worker productivity, and crime. This country can afford mental health parity. What we can't afford is to continue denying persons with mental disorders the care they need.
But equal treatment of those affected by mental illness is not just an insurance issue. It is a civil rights issue. At its heart, mental health parity is a question of simple justice.
Today is a turning point. We are finally moving toward ending this shameful form of discrimination in our society--discrimination against persons with mental illness. This bill is a true commitment by the insurance industry, business industry and the mental health community to bring fairness and dignity to the millions of Americans who have been second class patients for too long.
The 1996 act was an important step towards ending health insurance discrimination against mental illness. This bill takes another large step to close the loopholes that remain.
We would not be here without the strong commitment and skillful determination of the late Senator Paul Wellstone and Senator Pete Domenici. They deserve immense credit for their bipartisan leadership on mental health parity.
I also commend the staff, both Democrat and Republican, who worked so long and hard on this legislation. I particularly thank Carolyn Gluck of Senator Reid's office and all the Democratic staff who worked in recent weeks to help us produce the bill we have today.
I also commend Ed Hild of Senator Domenici's staff and Andrew Patzman of Senator Enzi's staff for the many hours they spent with my staff to negotiate the bill.
On my staff, I especially commend several who worked so long and hard and well on this legislation--Michael Myers, Carmel Martin, Kelsey Phipps, Daniel Dawes, Jennie Fay, Ches Garrison, and above all Connie Garner, whose passion, counsel and commitment I value so highly on this and many other issues. Without her dedicated guidance, we would not be at this important threshold today.
My hope is that as we improve access to mental health services for all Americans, we will also help end the stigma and discrimination against those with mental illness. Mental illnesses are treatable and curable, and it is high time to bring relief to those who suffer from them.
Mr. President, I yield the floor.
I thank the Senator from New Mexico for his tremendous leadership on this bill. He has fought for this legislation for many years, and I am grateful for his commitment to getting this bill passed. This legislation represents the culmination of more than a year's negotiations involving lawmakers, mental health, insurance and business organizations to craft compromise legislation. During the markup of the bill last February, my colleague Senator Dodd raised very important issues regarding the effects of the preemption language in the legislation. Since then, he was joined by several other Senators, attorneys general, and State insurance commissioners who have voiced concerns about unintended consequences of the bill. It was never the intent of the bill to harm or weaken State insurance laws but in response to concerns raised by several of my colleagues and insurance experts, the language pertaining to preemption was stricken from the legislation.
I thank the senior Senator from Connecticut and appreciate his leadership on this issue. He raised a number of important issues during the consideration of this bill. I believe we have addressed those concerns in the legislation and I am pleased that he is now a strong supporter of the legislation.
Yes, nothing in this bill affects any State law or State regulation of any company or issuer who performs utilization review or other medical management services. The changes made to the preemption section of S. 558 mean that the current HIPAA standard would apply to this legislation, just like it applies to existing law passed in 1996. By using existing preemption language, we mean only the narrowest preemption of State laws. A minimum standard of Federal protection allows States to provide additional protection for their citizens. State laws designed to regulate medical management or utilization review to protect plan participants are not preempted under the bill because they do not ``prevent the application'' of the substantive provisions of this bill.
Mr. President, I rise today to clarify my support for S. 558, the Mental Health Parity Act of 2007. This bipartisan legislation introduced by Senators Domenici and Kennedy, seeks to provide parity…
Mr. President, I rise today to clarify my support for S. 558, the Mental Health Parity Act of 2007. This bipartisan legislation introduced by Senators Domenici and Kennedy, seeks to provide parity between health insurance coverage of mental health benefits and benefits for medical and surgical services. I join my colleague, the senior Senator from Pennsylvania, Mr. Specter, in establishing for the record today the reasons for our joint support for this bill. I also thank Chairman Kennedy and Senator Domenici for joining us in this discussion.
Mr. President, the Mental Health Parity Act of 2007 amends the Employee Retirement Income Security Act, ERISA, and the Public Health Service Act to require a group health plan that provides both medical and surgical benefits and mental health benefits to ensure that: (1) the financial requirements applicable to such mental health benefits are no more restrictive than those of substantially all medical and surgical benefits covered by the plan, including deductibles and copayments; and (2) the treatment limitations applicable to such mental health benefits are no more restrictive than those applied to substantially all medical and surgical benefits covered by the plan, including limits on the frequency of treatments or similar limits on the scope or duration of treatment.
I join my esteemed colleague in having assured myself that S. 558 will not serve to preempt in any way the services and benefits provided to the citizens of Pennsylvania by Pennsylvania Act 106. I know that our offices have collaborated extensively in this analysis and have consulted with HELP Committee staff and Senator Domenici's staff, and that our views are borne out by extensive legal and scholarly analysis of the preemptive provisions of S. 558.
I thank Chairman Kennedy and Senator Domenici, and I note in particular that Professor Mila Kofman, Associate Research Professor, Health Policy Institute, Georgetown University, wrote to Senator Specter and myself on August 2, 2007, extolling the benefits of S. 558. I ask unanimous consent to print in the Record Professor Kofman's letter.
In the letter, Professor Kofman writes:
The changes made to the preemption section in S. 558 mean
that the current HIPAA federal floor standard would apply to
the new Mental Health Parity law (just like it applies to the
current law passed in 1996).
This would mean that more protective (of consumers) state
insurance laws would apply to insurers that sell coverage to
employers. This bill would also mean new federal protections
for people in self-insured ERISA plans.
This would be a tremendous victory for patients who need
coverage for mental health services. This approach continues
the public policy established in 1996 in HIPAA--an approach
that allows states to be more protective of consumers while
setting a federal minimum set of protections for workers and
their families.
If enacted, this bill would provide much needed minimum
protections for people in self-insured ERISA plans who
currently are not protected by states because of ERISA
preemption. It also raises the bar for insured products.
Mr. SPECTER For the purpose of further clarifying congressional intent of S. 558 and its application to state law and specifically Pennsylvania Act 106, will the senior Senator from Massachusetts and the senior Senator from New Mexico yield for questions from Senator Casey and myself?
Mr. KENNEDY I will be happy to do so.
Mr. DOMENICI As will I.
Mr. SPECTER I thank Chairman Kennedy and Senator Domenici. Why doesn't the Mental Health Parity Act have its own preemption provision?
Mr. KENNEDY It is our intention to establish a Federal floor and not a Federal standard or Federal caps. Thus, we decided to use the already-existing language and standard found within part 7 of ERISA, which is where the current mental health parity law already resides, and where S. 558 will be codified. This law contains the narrowest possible preemption language, and is meant to preempt only those state laws that are less beneficial to consumers and insured, from the standpoint of the consumer and insured, than this new Federal law.
Mr. CASEY The Health Insurance and Portability Accountability Act, HIPAA, preemption standard that will apply prevents State laws that ``prevent the application of requirements of this part,'' which refers to part 7 of ERISA. Do the medical management provisions of section 712A(b) constitute ``requirements of this part'' that might preempt State laws under this standard?
Mr. DOMENICI No. Section 712A(b) says that managed care plans ``shall not be prohibited from'' carrying out certain activities. It does not require them to do so, and this is not a ``requirement of this part.'' This section recognizes that plans have flexibility. It is not our intention to preempt any State laws that regulate, limit, or even prohibit entirely the medical management of benefits. That is one of the reasons we are using a preemption standard--the existing HIPAA standard that so clearly does not preempt such a law.
Mr. SPECTER Would a State law that establishes a physician or psychologist's certification, as the only lawful prerequisite to managed care coverage of a particular treatment, be preempted?
Mr. KENNEDY Such a law is not preempted, and it is not our intention to preempt any such law.
Mr. CASEY What about a State law requiring insurers or managed care companies to cover an entire continuum of care?
Mr. DOMENICI Mr. President, it is my understanding that such a law would not be preempted. S. 558 is a Federal floor, and nothing in such a State law Senator Casey describes would prevent the application of any requirements of part 7 of ERISA.
Mr. SPECTER Would State laws that place coverage decisions squarely in the hands of treating clinicians be preempted?
Mr. KENNEDY Absolutely not.
Mr. CASEY Focusing specifically on Pennsylvania, as you may be aware, the citizens of Pennsylvania just received a significant court victory from the Commonwealth Court, upholding a Pennsylvania law that was previously mentioned here, Pennsylvania Act 106.
That State law and the recent decision in The Insurance Federation of Pennsylvania, Inc. v. Commonwealth of Pennsylvania Insurance Department, removes managed care barriers to addiction treatment. What effect will S. 558 have on that State law, or on State efforts to enforce that law or to find remedies for violations of that law?
Mr. KENNEDY This bill would have no effect upon that law.
Mr. CASEY Would any State laws be preempted?
Mr. DOMENICI Yes, State law requirements that would prevent the application of a requirement of S. 558 by, for example, endorsing a less consumer-friendly level of coverage or benefits. For example, a State law that prohibited an insurance company from selling policies providing for full parity in coverage for mental health services and medical/surgical services would be preempted.
Mr. CASEY Would the current legislation, S. 558, have any effect on any provisions of Pennsylvania Act 106, or on any State efforts to enforce provisions of that law or to find remedies for violations of any provisions of that law?
Mr. KENNEDY It would have no effect. Pennsylvania's Act 106 is an example of the kind of consumer protection law that is not preempted by the federal floor created in S. 558.
Mr. SPECTER I appreciate this discussion with my colleague from Pennsylvania, Chairman Kennedy and Senator Domenici. I thank Chairman Kennedy, Ranking Member Enzi, Senator Domenici and others on the HELP Committee who have worked so hard to establish these critical benefits for citizens across our great country. And I thank them for this discussion to clarify our support for S. 558.
Mr. CASEY I also want to express my deepest thanks to HELP Committee Chairman Kennedy, Senator Domenici, HELP Committee Ranking Member Enzi, and all members and staff who have worked so hard to make this long time dream a reality. I greatly appreciate this discussion and our establishment of intent regarding S. 558.
Mr. Speaker, I make a point of order against the consideration of the resolution because it is in violation of section 426(a) of the Congressional Budget Act. The resolution provides that ``all…
Mr. Speaker, I make a point of order against the consideration of the resolution because it is in violation of section 426(a) of the Congressional Budget Act.
The resolution provides that ``all points of order against consideration of the bill are waived except those arising under clause 9 and 10 of rule XXI.'' This waiver of all points of order includes a waiver of section 425 of the Congressional Budget Act which causes the resolution to be in violation of section 426(a).
Mr. Speaker, I have both professional and personal interest in this bill. I'm a medical doctor, and for years I've treated depression, anxiety, a lot of panic disorders. I'm also an addictionologist. I've treated drug and alcohol addiction and eating disorders. And so I've had many patients over the years that have had these kinds of problems.
My mom has been involved in dealing with her own depression all the way up until she died of metastatic breast cancer, and she worked with the mental health society in our home community.
I also have personal interest in this bill because my wife has suffered from depression. She has an eating disorder and has dealt with this in her history. She has suffered from depression to the point that several years ago she even tried to take her own life, and except for the grace of God she should have died. And so I do have a very personal interest in this bill. Mr. Speaker, this is why I have a vested interest in how Congress addresses health care, and especially mental health coverage.
CBO estimates that the cost of the mandates to the private sector in this bill would be at least $1.3 billion in 2008; and this would rise to $3 billion in 2012. The Unfunded Mandates Reform Act, or UMRA, establishes an annual threshold that cannot be exceeded, at least without Congress waiving this rule. For 2007, that threshold amount is $131 million, a great deal of money. This bill exceeds the $131 million threshold by over $1 billion, and it will place a crushing burden on private health insurers and millions of Americans seeking affordable health insurance. These mandates will directly harm businesses and Americans' ability to obtain affordable health insurance.
This legislation is very well intended. It is also rash and very poorly drafted and I assure you that if this mental health parity bill is signed into law in its current form, it will result in at least three things:
H.R. 1424 will increase health insurance and mental health costs;
H.R. 1424 will result in Americans losing their mental health coverage due to the mandates and the increased costs of those mandates;
H.R. 1424 will result in a myriad of lawsuits.
I testified before the Rules Committee last night and offered two amendments that would have drastically improved this legislation. Well, the Democratic majority, instead of choosing to allow an honest dialogue and an open debate on an extremely important issue of mental health, they chose to deny all amendments to this legislation. Not only that, the majority changed the underlying bill's language late last night and inserted the text of the Genetic Information Non- Discrimination Act. This legislation will further erode mental health parity and jeopardize affordable group health insurance in America.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from Washington (Mr. Hastings).
Mr. Speaker, I want to say that I resent my sincerity on this being questioned by the gentlelady from Florida. I am very sincere about this.
No, ma'am.
I am very sincere about this. I talked to the Rules Committee last night. I have talked on this floor here tonight. And for you to make these charges that I'm not sincere about this bill is absolutely incorrect. Maybe the gentlelady didn't hear me, but I have very personal interests in mental health. It is an extremely important issue to me, to my wife, to my family. And for you to say I'm not sincere about this, I am just very shocked about that. But I am sincere.
This bill, the way it's written, is going to actually deny people mental health coverage. We tried to fix it last night, make it better. And those attempts were denied over and over and over again.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, in addition to the concerns that I raised earlier regarding the provisions of the mental health parity bill, that it will actually decrease mental health coverage and increase health insurance costs, let me share several additional concerns I have with the Genetic Information Non-Discrimination Act that was inserted late last night.
Title I of the GINA legislation imposes Federal mandates on health plans regarding insurance coverage, while title II imposes mandates on employers regarding employment and related hiring decisions. However, there is no explicit language in this legislation clarifying that group health insurance plan sponsors may not be subjected to the more expansive remedies provided by title II.
Why is that a problem? Because title II provides for rulemaking by the EEOC, the Equal Employment Opportunity Commission, and remedies before the EEOC and, ultimately, Federal courts.
During floor debate on H.R. 493, Congressman Rob Andrews suggested that ``employers, including to the extent employers control or direct benefit plans, are subject to the requirements of title II of this bill,'' including the much broader definition of genetic testing and tougher penalties associated with that title.
I believe that this lack of clarity could and will lead to additional lawsuits through the use of broader remedies available in title II that are intended to be reserved for employers who violate their employees' civil rights, not for employees seeking to litigate group health plan disputes.
Further, section 502 of ERISA says that all lawsuits must go through Federal court, which is not addressed in the mental health parity legislation. Nothing in this bill states that section 502 is preserved, so lawsuits can and will be brought in State court.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I want to go through just a list of some things that this bill will do.
It's going to increase health care costs. CBO estimates that H.R. 1424 would impose mandates on private insurance companies, a total of $3 billion annually by 2012. These costs will ultimately be borne by employers offering health insurance and employees seeking to obtain coverage.
Number two, it will increase the cost of business due to private sector mandates. The bill contains multiple new Federal mandates on the private sector, affecting the design and structure of health insurance plans.
The bill also increases the threshold level at which employees suffering increased claim costs as a result of implementing the new Federal mandates can claim an exemption from the provisions of H.R. 1424.
Number three, I think this will decrease the mental health coverage. While the bill imposes several new Federal mandates on those employers who choose to offer mental health coverage, there is nothing in H.R. 1424 that would require plans to cover these conditions. Thus H.R. 1424 could have the perverse effect of actually decreasing mental health coverage by encouraging an employee who is frustrated with the bill's onerous burdens to drop mental health insurance altogether.
Four, I think it will increase the number of uninsured. It will erode the Federal preemption for employers. This codification of treatment mandate for health plans, they are going to use DSM-IV to codify that. And this book, DSM-IV, was generated for physicians to use just to be able to classify mental health. It has a whole lot of things in here that most employers would not want to cover.
It will increase an intergovernmental mandate. It is a violation of UMRA. It has a lack of conscience clause, and it has a lack of medical management tools.
Access to mental health services is one of the most important and most neglected civil rights issues facing the Nation. For too long, persons living with mental disorders have suffered discriminatory…
Access to mental health services is one of the most important and most neglected civil rights issues facing the Nation. For too long, persons living with mental disorders have suffered discriminatory treatment at all levels of society. They have been forced to pay more for the services they need and to worry about their job security if their employer finds out about their condition. Sadly, in America today, patients with biochemical problems in their liver are treated with better care and greater compassion than patients with biochemical problems in their brain.
That kind of discrimination must end. No one questions the need for affordable treatment of physical illnesses. But those who suffer from mental illnesses face serious barriers in obtaining the care they need at a cost they can afford. Like those suffering from physical illnesses, persons with mental disorders deserve the opportunity for quality care. The failure to obtain treatment can mean years of shattered dreams and unfulfilled potential.
Eleven years ago, Congress passed the first Mental Health Parity Act. That legislation was an important first step in bringing attention to discriminatory practices against the mentally ill, but it did little to correct the injustices that so many Americans continue to face. The 1996 legislation required that annual and lifetime dollar limits for mental health coverage must be no less than the limits for medical and surgical coverage. But more steps are clearly needed to guarantee that Americans suffering from mental illness are not forced to pay more for the services they need, do not face harsher limitations on treatment, and are not denied access to care.
This bill is a chance to take the actions needed to end the longstanding discrimination against persons with mental illness. The late Senator Paul Wellstone and Senator Pete Domenici deserve great credit for their bipartisan leadership on mental health parity. If it were not for them, we would not be here today.
The bill prohibits group health plans from imposing treatment limitations or financial requirements on the coverage of mental health conditions that do not also apply to physical conditions. That means no limits on days or treatment visits, and no exorbitant co-payments or deductibles. The bill was negotiated by and has the support of the mental health community, the business community, and the insurance industry.
The need is clear. One in five Americans will suffer some form of mental illness this year--but only a third of them will receive treatment. Millions of our fellow citizens are unnecessarily enduring the pain and sadness of seeing a family member, friend, or loved one suffer illnesses that seize the mind and break the spirit.
Battling mental illness is itself a painful process, but discrimination against persons with such illnesses is especially cruel, since the success rates for treatment often equal or surpass those for physical conditions. According to the National Institute of Mental Health, clinical depression treatment can be 70 percent successful, and treatment for schizophrenia can be 60 percent successful.
Over the years we've heard compelling testimony from experts, activists, and patients about the need to equalize coverage of physical and mental illnesses. The Office of Personnel Management talks us that providing full parity to 8.5 million federal employees has led to minimal premium increases. We heard dramatic testimony about the economic and social advantages of parity, including a healthier, more productive workforce.
Some of the most compelling testimony came several years ago from Lisa Cohen, a hardworking American from New Jersey, who suffers from both physical and mental illnesses, and is forced to pay exorbitant costs for treating her mental disorder, while paying little for her physical disorder. She is typical of millions of Americans who not only face the cruel burden of mental illness, but also the cruel burden of discriminatory treatment. No Americans should be denied equal treatment of an illness because it starts in the brain instead of the heart, lungs, or other parts of their body. No patients should be denied access to the treatment that can cure their illness because of where they live or work.
A number of States have already enacted mental health parity laws, but 86 million workers under ERISA have no protection under state mental health statutes.
Mental health parity is a good investment for the Nation. The costs from lost worker productivity and extra physical care outweigh the costs of implementing parity for mental health treatment.
Over the years study after study has shown that parity makes good financial sense. An analysis of more than 46,000 workers at major companies showed that employees who report being depressed or under stress are likely to have substantially higher health costs than co- workers without such conditions. Employees who reported being depressed had health bills 70 percent higher than those who did not suffer from depression. Those reporting high stress had 46 percent higher health costs. McDonnell Douglas found a 4 to 1 return on investment after accounting for lower medical claims, reduced absenteeism, and smaller turnover.
Mental illness also imposes a huge financial burden on the Nation. It costs us $300 billion each year in treatment expenses, lost worker productivity, and crime. This country can afford mental health parity. What we can't afford is to continue denying persons with mental disorders the care they need.
Today is a turning point. We are finally moving toward ending this shameful form of discrimination in our society--discrimination against mental illness. This bill has been seven years in the making, and brings first class medicine to millions of Americans who have been second class patients for too long.
Today, we begin to right that wrong, by guaranteeing equal treatment to the 11 million people receiving mental health services, and promising equal treatment to the remaining 100 million insured workers and their families who never know the day they may need their mental health benefit.
The 1996 Act, was an important step towards ending health insurance discrimination against mental illness. This bill will take another large step forward by closing the loopholes that remain.
It guarantees co-payments, deductibles, coinsurance, out of pocket expenses and annual and lifetime limits that apply to mental health benefits are no different than those applied to medical and surgical benefits.
It guarantees that the frequency of treatment, number of visits, days of coverage and other limits on scope and duration of treatment for mental health services are no different than those applied to medical and surgical benefits.
This equal treatment and financial equity is also applied to substance abuse.
Features of State law that require coverage of mental disorders are protected, to assure those currently protected by state parity laws that their needs will be met.
The medical management strategies needed to prevent denial of medically needed services for patients remain intact.
Finally, the bill is modeled on the parity that is already guaranteed to the 8.5 million persons, including Members of Congress, under the Federal Employee Benefits Program,
Equal treatment of those affected by mental illness is not just an insurance issue. It's a civil rights issue. At its heart, mental health parity is a question of simple justice.
It is long past time to end insurance discrimination and guarantee all people with mental illness the coverage they deserve.
I urge my colleagues to support this important principle, and end the unacceptable double standards that have unfairly plagued our health care systems for so long.
Mr. President, first and foremost I want to thank my respective colleagues Senator Kennedy and Senator Domenici for their dedication and leadership on the issues of mental health parity. Your…
Mr. President, first and foremost I want to thank my respective colleagues Senator Kennedy and Senator Domenici for their dedication and leadership on the issues of mental health parity. Your commitment and willingness to compromise has gotten us to the point where we are today--introducing a mental health parity bill that has the potential to be signed into law this year.
For many this is monumental. Parity for mental health benefits was first championed by the late Senator Paul Wellstone. Senator Domenici in memory of our late colleague took over as the lead advocate for this legislation after the passing of Senator Wellstone.
Today is a reflection of your hard work, Senator Domenici, as well as the groundwork that was laid by the late Senator Paul Wellstone.
The advocacy of my good colleagues Senator Wellstone and Domenici helped to get the Mental Health Parity Act of 1996 signed into law. This legislation acted as a catalyst for many states to take action in passing their own mental health parity laws. To date 38 States have passed some sort of mental health parity or benefit law. Many of these laws go much farther than the 1996 Act. However, there is a concern that while the 1996 Act requires parity for annual and lifetime dollar limits on coverage, group plans may impose more restrictive treatment and cost sharing requirements. This is a legit concern. There is a also a valid concern that requiring parity or mental health benefits will drive up the cost of insurance, and result in group plans offering less coverage or even worse dropping coverage for both mental and physical health. The bill introduced today recognizes both of these concerns and addresses them. This in turn breaks the log jam that has halted efforts in the past three Congress's to pass a Mental Health Parity Act that is more widely known as the Paul Wellston Mental Health Equitable Treatment Act.
The Mental Health Parity Act we are introducing today is a compromise between the proponents and those who opposed the Paul Wellstone Mental Health Equitable Treatment Act. It is a result of two years of discussion and compromise between the business and insurer industry and the mental health community. I want to thank both of you for coming together in good faith to find a middle ground on an issue has polarized stakeholders. Your support and input has been critical to making this process work. Your willingness to work together to accommodate each others concerns, makes it possible for a mental health parity law to be enacted this Congress.
A vital component of the Mental Health Parity Act introduced today recognizes the importance and need for treating mental health equal to physical health, without unfairly mandating group health plans offer mental health coverage. The legislation applies only to those group health plans that already offer physical and surgical benefits as well as mental health benefits. It does not mandate what types of mental health benefits must receive parity, but leaves that to be defined under the terms of the plan or coverage or as defined under State law. What this legislation does do, is require a plan to provide financial requirements and treatment limitations applied to mental health benefits equal to the financial requirements and treatment limitations applied to medical and surgical benefits that the plan covers. For example, deductibles, co-payments, coinsurance, out of pocket expenses, frequency of treatment, number of visits and days of coverage will now be treated equally for mental health and physical health. To allow for health plans to adequately manage the new parity requirement mechanisms are authorized to allow for medical management tools to be used by health plans. Provisions of this law will preempt provisions of State law that differ. But again, this bill would not preempt State laws mandating that mental health benefits be covered. Furthermore, States that elect to adopt the Federal standards would not be subject to preemption.
In addition, the legislation recognizes the stress many small business employers are under to provide health care to their employees, thus, this bill does exempts small employers. Any employer with 50 or less employees will not be affected by the Federal law, but must still comply with its State law or regulation.
Another critical component of this compromised legislation is a cost exemption. Under the provision, an employer may elect to continue to offer mental health parity if a group plan results in an increase of 2 percent in the case of the first plan year and 1 percent in the case of each subsequent plan year.
The compromises made in this legislation are of great importance to making sure this legislation will not burden employers struggling with health care costs, while not compromising the significance or effect this legislation will have in ensuring individuals have better access to critical mental health services. Approximately 1 in 5 Americans ages 18 and older, have a mental disorder that can be diagnosed in a given year according to the Substance Abuse and Mental Health Service Administration. However, their ability to receive treatment may be hindered due to cost issues or the stigma attached to mental illness. This legislation will help to address both by sending the message that mental health is just as important as physical health, and needs to be treated with the same amount of importance. This bill signals to an individual diagnosed with schizophrenia that his or her illness is as real as an individual diagnosed with diabetes and that they should not have to pay more for the mental illness than the physical. This legislation will help an employee covered by an affected plan who has a child with bipolar disorder better access to the treatment that child needs. In the past 20 years new technologies and treatments have advanced our understanding and ability to treat a mental illness. We now know with the right diagnoses, support, treatment and case management a person with mental illness can be a contributing member of society. It is time to update our laws to reflect this.
While introduction today is a huge step forward for a Mental Health Parity law, much more needs to be done to secure its passage. The legislation, as it is currently crafted, still must pass through the Senate Health, Education, Labor and Pensions Committee as early as Wednesday, the full Senate and then the House. At this point, a process has been created that allows for open and honest discussion. I encourage my colleagues and the stakeholders to continue this process and to remain together throughout each step of the way. By working together, instead of against each other, we can achieve passage of this legislation.
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I thank the gentleman for giving me this time. I am shocked and stunned that we financed overutilization and that is why we are doing this. Yet we understand that utilizing these physician hospitals,…
I thank the gentleman for giving me this time.
I am shocked and stunned that we financed overutilization and that is why we are doing this. Yet we understand that utilizing these physician hospitals, these new hospitals, saved the government money and are all about patient choice and are all about making sure that people who utilize these new hospitals don't get infections, don't get sick, don't check into a hospital to have surgery where other sick people are. It is a concept that keeps America not only the leading health care provider in the world; it is done in an efficient and cost-effective way. I am surprised that we find out it is overutilization.
Mr. Speaker, rather than taking this opportunity to bring parity to our health care delivery system, the Democrat leadership today is using this legislation as a vehicle to restrict future health care choices for Medicare patients. That is what this is about. It is to further own the opportunity for Medicare patients to be able to get the choices that they want, and the Democrat leadership is taking that away. Instead of using this opportunity to focus on mental health parity, the Democrats have decided to pay for this bill by pushing patients and limiting their options that they can receive for their own care.
Mr. Speaker, we will be real honest about this. According to HealthGrades, which is a nationwide study to look at hospitals and how efficient they are and how safe they are, three of the Nation's top 10 cardiac programs and three of the Nation's top 10 programs for joint replacement are at physician-owned hospitals. And despite the fact that these physician-owned hospitals make up only 3 percent of the Nation's hospitals, they are among the most efficient and the safest hospitals for people, our seniors, to go in and receive care. What will happen here today is an absolute mistake.
Mr. Speaker, I submit for the Record the Statement of Administrative Policy on this issue and I will quote from that:
``First, the bill would place new restrictions on physician-owned hospitals. This administration opposes this provision, which is unnecessary and could restrict patient choice without decreasing Medicare costs.''
That is right, it is going to be more expensive to argue about overutilization. Incredibly silly.
Statement of Administration Policy--H.R. 1424--Paul Wellstone Mental
Health and Addiction Equity Act of 2007
The Administration supports passage of mental health parity
legislation that does not significantly increase health
coverage costs. However, the Administration has concerns with
H.R. 1424, which would effectively mandate coverage of a
broad range of diseases and conditions and would have a
negative effect on the accessibility and affordability of
employer-provided health benefits and would undermine the
uniform administration of employee benefit plans. For
example, the bill's confusing preemption provisions could be
read to add a patchwork of remedies that vary from State to
State. Therefore the Administration strongly opposes House
passage of H.R. 1424 or any legislation that expands benefits
and remedies beyond what is included in the Senate-passed S.
558.
H.R. 1424 also includes two provisions to offset the
approximately $3 billion in on-budget costs associated with
the bill. First, the bill would place new restrictions on
physician-owned hospitals. The Administration opposes this
provision, which is unnecessary and could restrict patient
choice without decreasing Medicare costs. HHS already has
administrative policies in place to address concerns about
physician-owned hospitals, including disclosure of physician
ownership, patient safety measures, and revisions to
Medicare's payment systems to better reflect patients'
severity of illness and the resources needed to treat
patients.
Second, the bill also would increase the Medicaid drug
rebate. The Administration objects to any offset that would
legislatively mandate an increase to the rebate percentage.
As CBO has noted in its 2007 analysis of budget options, it
is unknown how this change would impact non-Medicaid
beneficiaries and other payers. The Administration is
concerned that the proposal would have an adverse impact on
private purchasers, including the uninsured, further distort
the market for prescription drugs, and discourage innovation
in the drug development process.
The Administration urges Congress to offer meaningful
protections to American workers and their families by
eliminating the disparities between mental health benefits
and medical and surgical benefits, without broadly mandating
new benefits. The Administration believes the Senate bill
strikes the necessary balance of treating mental illness with
the same urgency as physical illnesses without significantly
increasing health care costs. The Administration would also
urge the House to preserve uniformity in health plan
administration as has been done in S. 558.
Genetic Information Non-discrimination Act
The rule requires that the provisions of H.R. 493 as passed
by the House be added to the Mental Health Parity bill after
the House passes H.R. 1424. While the Administration strongly
supports passage of legislation to prevent the misuse of an
individual's personal genetic information and believes such
legislation is critical to realizing the full potential of
genomic medicine, the Administration has both substantive and
process objections to the rule. The Administration is
strongly opposed to the lack of a clear ``firewall'' between
title I of the Genetic Information Nondiscrimination Act
(GINA), which addresses genetic discrimination in health
benefits provided by health insurers and plans, and title 11
of GINA, which addresses genetic discrimination in
employment. The Administration is concerned that the bill
fails to ensure that health benefits disputes are properly
brought under the appropriate remedies in ERISA, the Public
Health Service Act, or the Internal Revenue Code and that it
could unintentionally permit ``forum shopping.'' The
Administration also is concerned that unless the legislation
is clarified, the bill could be construed to have the
unintended effect of prohibiting health plans and issuers
from using information about the manifested disease of a
dependent covered under an individual's plan for appropriate
and routine insurance purposes. The Administration also
believes it is important that the legislation's relationship
with other provisions of law, such as Health Insurance
Portability and Accountability Act, be clearly defined.
Finally, the Administration looks forward to working with
Congress to address these concerns and pass Mental Health
Parity and Genetic Nondiscrimination legislation this year.
Mr. President, I rise today to introduce legislation with my good friend and partner on the Oversight of Government Management Subcommittee, Senator Akaka, to address the critical management…
Mr. President, I rise today to introduce legislation with my good friend and partner on the Oversight of Government Management Subcommittee, Senator Akaka, to address the critical management challenges facing the Department of Homeland Security (DHS). I am pleased to have Senators Levin and McCaskill as original cosponsors of this measure.
The legislation would elevate the role and responsibilities of the current Under Secretary for Management of the Department to a Deputy Secretary of Homeland Security for Management. The language preserves the authority of the Secretary and Deputy Secretary of DHS as the first-and second-highest ranking Department officials, respectively. The individual appointed as the Deputy Secretary for Management would serve a five year term and be the third highest ranking official at the Department. A term would provide management continuity at the Department during times of leadership transition, such as following a presidential election.
The role and responsibilities of the Deputy Secretary for Management would include serving as the Chief Management Officer and principal advisor to the Secretary on the management of the Department. The Deputy Secretary for Management would also be responsible for strategic and annual performance planning, identification and tracking of performance measures, as well as the integration and transformation process in support of homeland security operations and programs.
The division of labor between the Deputy Secretary and the new Deputy Secretary for Management will be similar to the leadership structure at the Office of Management and Budget. The Deputy Secretary will continue to be the Secretary's first assistant on all policy matters, while the newly created Deputy Secretary for Management will be the Secretary's principal advisor on the development of sustained, long-term management strategies.
I offer this legislation today because of my belief that the existing Under Secretary position lacks sufficient authority to direct the type of sustained leadership and overarching management integration and transformation strategy that is needed department-wide.
There continue to be significant management challenges associated with integrating the Department of Homeland Security, whose creation represented the single largest restructuring of the Federal Government since the creation of the Department of Defense in 1947. In addition to its complex mission of securing the Nation from terrorism and natural hazards through protection, prevention, response, and recovery leadership of the Department of Homeland Security has the enormous task of unifying 180,000 employees from 22 disparate Federal agencies.
Since 2003, the Government Accountability Office (GAO) has included implementing and transforming the Department of Homeland Security on its high-risk list of programs susceptible to waste, fraud, abuse, and mismanagement. In announcing its 2007 high-risk list, Comptroller General Walker said that, ``The array of management and programmatic challenges continues to limit DHS's ability to carry out its roles under the National Homeland Security Strategy in an effective risk- based way.''
Similarly, in December 2005, the DHS Inspector General issued a report warning of major management challenges facing the Department of Homeland
Security. The report noted that although progress has been made since the Department's inception, ``Integrating its many separate components in a single, effective, efficient, and economical Department remains one of DHS' biggest challenges.''
The Department's own Performance and Accountability Report, released in November 2006, states that it did not meet its strategic goal of ``providing comprehensive leadership and management to improve the efficiency and effectiveness of the Department,'' further underscoring the need for good management.
The Homeland Security Advisory Council Culture Task Force Report, published in January 2007, detailed persisting organizational challenges within DHS, and prescribed leadership and management models designed to empower employees, foster collaboration, and encourage innovation. The third recommendation of the report is that the Department establish an operational leadership position. The report noted, ``Alignment and integration of the DHS component organizations is vital to the success of the DHS mission. The CTF believes there is a compelling need for the creation of a Deputy Secretary for Operations (DSO) who would report to the Secretary and be responsible for the high level Department-wide measures aimed at generating and sustaining seamless operational integration and alignment of the component organizations.''
The creation of the Deputy Secretary for Management will help address the concerns outlined by GAO, the DHS Inspector General, the Homeland Security Advisory Council, and the Department itself.
As former Chairman and now Ranking Member of the Oversight of Government Management Subcommittee, improving the management structure at the Department has been one of my top priorities. The Subcommittee's Chairman, Senator Akaka, and I have been committed to ensuring that DHS has the proper tools to make continual improvements in its operations. It has become clear that the Department needs a stronger management focus to enable programmatic and operational success. Congress must act to strengthen the management function at DHS.
During my long career in public service, including as a Mayor and Governor, I have repeatedly observed that the path to organizational success lies in adopting best practices in management, including strategic planning, performance and accountability measures, and effectively leveraging human capital. When instituting reforms as Mayor and Governor, individuals tasked with implementation would tell me, ``We don't have time for Total Quality Management; we are too busy putting out fires.'' I appreciate that DHS is also busy putting out fires. But the connection between good management practices and operational success should not be lost.
With the four year anniversary of the Department only weeks away, we must be honest about the remaining management challenges it faces. The legislation I offer today provides the focused, high-level attention that will result in effective management reform. I believe this legislation is vital to the Department's success. I urge my colleagues to join me in supporting this legislation.
Mr. President, I am extremely pleased to join with my good friend, the senior Senator from Ohio, in reintroducing legislation today to establish a Deputy Secretary for Management who would be the…
Mr. President, I am extremely pleased to join with my good friend, the senior Senator from Ohio, in reintroducing legislation today to establish a Deputy Secretary for Management who would be the chief management officer at the Department of Homeland Security (DHS). I am especially pleased that we are joined by two of our colleagues on the Homeland Security and Governmental Affairs Committee, Senator Levin, who is also the chairman of the Armed Services Committee, and Senator McCaskill.
The Department of Homeland Security continues to face serious challenges, some of which stem from integrating 22 separate entities with existing management problems into one agency. Such a broad, large- scale merger is why the Government Accountability Office (GAO) continues to place DHS on the GAO High-Risk List. Our bill would assign overall management responsibilities to one individual who would be accountable for leading and instituting change. A Deputy Secretary for Management would provide the leadership necessary to move forward and sustain these needed changes. This presidentially appointed and Senate- confirmed individual, who will have a term of office of five years, would serve as a bridge between political appointees and career employees. Changing agency culture is difficult and takes time. As Comptroller General David Walker notes, successful transformation initiatives in large private and public sector organizations can take at least five to seven years.
In addition to serving as chairman of Oversight of Government Management Subcommittee, I am also the chairman of the Armed Services Readiness and Management Support Subcommittee, and I have witnessed firsthand how the Department of Defense (DoD) continues to struggle with business modernization despite clear congressional directives to do so. We cannot afford to allow the Department of Homeland Security, which has an extremely complex and critical mission, to be affected by the same management problems facing DoD. Our bill is born out of our concern and frustration that DHS is not doing better. We believe elevating the Under Secretary for Management to the Deputy Secretary level will provide DHS the necessary tools needed to avoid making the same mistakes as DoD. Having a single focus for key management functions, such as human capital, financial management, information technology, acquisition management, and performance management are essential if DHS is to avoid the stovepipe style of management at DoD.
A Deputy Secretary for Management would bring needed attention to management issues and transformational change; would integrate various key operational and transformation efforts; and would institutionalize accountability for addressing management issues and leading change. Our bill enhances, not diminishes, the ability of the Secretary and Deputy Secretary of DHS to focus on policy decisions while leaving the management efforts to the Deputy Secretary for Management. It is good business practice to have one individual responsible for integrating strategic plans and overseeing change.
I would like to note that the Homeland Security Advisory Council, established to advise and make recommendations to the Secretary of the Department of Homeland Security, created a Culture Task Force (CTF) at the request of Secretary Chertoff in June 2006. The CTF issued its recommendations to the Secretary last month. The January 2007 Report of the Homeland Security Culture Task Force recommends establishing an operational leadership position, ``who would report to the Secretary and be responsible for the high level Department-wide measures aimed at generating and sustaining operational integration and alignment of the component organizations.''
Congress has a responsibility to ensure that agencies are instituting sound management practices that will empower agencies to spend taxpayer dollars more wisely while carrying out critical missions. A fully accountable chief management officer at DHS will make the difference by ensuring strong leadership over essential government programs.
Mr. President, today I rise to introduce legislation that would preserve existing seats on the District of Columbia Superior Court. I am pleased that Senators Voinovich and Lieberman are joining me in this effort.
As my colleagues know, the Superior Court is the trial court of general jurisdiction over local matters in the District of Columbia. When a vacancy on the court occurs, the District of Columbia Judicial Nominations Commission solicits applicants to fill the vacancy and sends three names to the President. The President then selects one candidate and sends the individual's nomination to the Senate for confirmation. Existing law caps the total number of judges on the Superior Court at 59.
However, the District of Columbia Family Court Act of 2001 created three new seats for the Family Court, which is a division of the Superior Court, but failed to increase the overall cap on the number of judges seated on the court. As a result, three existing seats in the other divisions of the court--including the criminal, civil, probate, and tax divisions--were effectively eliminated. Therefore, when vacancies in those divisions occur, new judges cannot be seated.
Ever since the Family Court Act became law, the Homeland Security and Governmental Affairs Committee and the Senate has been in the untenable position of delaying the confirmation of judicial nominees when the cap has been reached. The end result is that residents of DC will face delay of justice due to a lack of judicial personnel.
The bill we introduce today would address this problem by amending the DC Code to increase the cap on the number of associate judges on the Superior Court. Similar legislation introduced by my good friend Senator Collins in both the 108th and 109th Sessions of Congress was favorably reported by the Committee on Homeland Security and Governmental Affairs and passed by the Senate. I urge my colleagues to once again support this important legislation.
I ask unanimous consent that the text of the legislation be printed in the Record.
Mr. Speaker, I'm here today to speak in opposition of H.R. 1424. This bill, although well intended, comes with a long series of unintended consequences. And while I fully support the bipartisan…
Mr. Speaker, I'm here today to speak in opposition of H.R. 1424. This bill, although well intended, comes with a long series of unintended consequences. And while I fully support the bipartisan efforts to bring parity between mental health and medical benefits and employer-sponsored health care plans, I cannot support this bill as it is currently written. In fact, in my mind, this legislation will diminish care for patients, will increase costs, will restrict access to care, will restrict access to specific hospitals and doctors, along with hurting the financial investments made personally by doctors and specialty hospitals.
Oklahoma has one of the highest concentrations of specialty hospitals in the Nation, and I've had the opportunity to visit a large percentage of them. These specialty hospitals offer very good quality care with physicians who are trained specifically in areas of expertise to deliver to their patients.
These facilities offer specialties anywhere from hip and bone replacement to gynecology, to cardiology, to heart hospitals, spine hospitals, and they do provide some of the best medical care possible in the whole Nation. In fact, some of our hospitals have grown by leaps and bounds because they have people coming from all over the Nation, and they've even been rated as some of the top hospitals in the Nation.
By interfering with the ability of physicians to refer their patients to specialty hospitals, this bill will throw up a legal barrier to good medical treatment. I personally believe that competition is good in a marketplace. It improves the delivery of services. It improves the quality of services and delivery of care. It also offers greater transparency of pricing. We talk a lot in this Congress about patients knowing the price of medical care. It also offers greater transparency in the quality of care, the outcomes of the care so patients can make better choices about their treatment and become more informed about their treatment.
Specialty hospitals and medical specialties also allow doctors new ways for innovation and treatments, new techniques. They bring new techniques and innovations to the marketplace that might not always be there in our regular hospitals. And they've also shown in many cases to have better health outcomes because their doctors specialize in these particular medical practices.
This legislation would restrict patient choice to not be able to choose doctors who would specialize in a heart procedure and a hip replacement or maybe even delivery of babies.
Specialty-owned hospitals have also documented that they can have shorter stays, that they have lower infection rates, sometimes up to 50 percent lower infection rates, lower infection rates of staph infection and lower risk of illness. When you take a person who is going in for a hip replacement and you put them in a hospital with someone who has the flu, you put that person at risk of getting another illness. And when you have a specialty and they're going in for a hip replacement and that's their illness, there's less risk of another illness coming upon that patient.
We also find that a large portion of our medical specialty hospitals take big portions of Medicare patients. I know that that's been a big concern. They are Medicare certified. In fact, many of the hospitals take up to 65 to 70 percent Medicare patients in their facilities. And many of them are required to have the emergency rooms. McBride Hospital, for instance, in Oklahoma City is the third largest hospital in the whole Nation for hip and bone replacement, and people come, as I mentioned, from all over.
They're also required to meet all the procedure requirements of a full-blown hospital. We find that the other hospitals in our community often refer their patient to our specialty hospitals.
If you look at other systems that have rated specialty hospitals and these practices, HHS, MedPac, GAO have studied physician-owned hospitals, specialty hospitals, and found no negative impact on general hospitals. In fact, I heard one speaker say today that 3 percent of our Nation's hospitals are specialty hospitals.
It also has found that there's no evidence of increased utilization by physicians in facilities in which they own, which they have ownership.
And, of course, specialty hospitals have created jobs and investment in our community and have some of the best rated services in our whole Nation.
So today, Mr. Speaker, as we are considering this mental health parity bill, which is an important subject, I find language that I believe will be a disservice to patient choice, patient quality of care in our Nation.
Mr. Speaker, I support bipartisan efforts to bring parity between mental health and medical benefits, but I have a concern, and it's come to my attention, about the mental health parity bill, H.R. 1424.
A Supreme Court decision, Doe v. Bolton, lists mental health as a reason that abortion is allowed for health exceptions.
This bill, as currently written, could be construed to mandate health care coverage for an abortion as part of treatment for a mental health issue such as depression.
As defined by the Court, in their words, ``health of the mother includes all factors, physical, emotional, physiological, familial, and a woman's age, relevant to the well-being of the patient. All these factors may relate to health.''
And furthermore, in testimony by Dr. James McMahon before the House Judiciary Committee in June 1995, he cited 39 partial birth abortions that were performed because of a mother's depression.
Because this issue is unclear, H.R. 1424 lacks a conscious clause applied to this legislation, and there appears to be no protection for an employer to reject health care coverage for such a procedure if they choose to extend mental health coverage to its employees.
Mr. President, today we reintroduce the ``Artist-Museum Partnership Act,'' and once again, I am pleased to be joined in this effort by Senator Bennett. This bipartisan legislation would enable our…
Mr. President, today we reintroduce the ``Artist-Museum Partnership Act,'' and once again, I am pleased to be joined in this effort by Senator Bennett. This bipartisan legislation would enable our country to keep cherished art works in the United States and to preserve them in our public institutions. At the same time, this legislation will erase an inequity in our tax code that currently serves as a disincentive for artists to donate their works to museums and libraries.
We have introduced this same bill in each of the past four Congresses. It was also included in the Senate-passed version of the 2001 tax reconciliation bill, the Senate-passed version of the 2003 Charity Aid, Recovery, and Empowerment (CARE) Act, and the Senate-passed version of the 2005 tax reconciliation bill. I would like to thank Senators Cantwell, Cardin, Cochran, Coleman, Conrad, Dodd, Domenici, Durbin, Feinstein, Kennedy, Kerry, Lieberman, Sanders, Schumer, and Stevens for cosponsoring this tri-partisan bill.
Our bill is sensible and straightforward. It would allow artists, writers, and composers to take a tax deduction equal to the fair market value of the works they donate to museums and libraries. This is something that collectors who make similar donations are already able to do. Under current law, artists who donate self-created works are only able to deduct the cost of supplies such as canvas, pen, paper and ink, which does not even come close to their true value. This is unfair to artists, and it hurts museums and libraries--large and small--that are dedicated to preserving works for posterity. If we as a Nation want to ensure that works of art created by living artists are available to the public in the future--for study and for pleasure--this is something that artists should be allowed to do.
In my State of Vermont, we are incredibly proud of the great works produced by hundreds of local artists who choose to live and work in the Green Mountain State. Displaying their creations in museums and libraries helps develop a sense of pride among Vermonters, and strengthens a bond with Vermont, its landscape, its beauty, and its cultural heritage. Anyone who has contemplated a painting in a museum or examined an original manuscript or composition, and has gained a greater understanding of both the artist and the subject as a result, knows the tremendous value of these works. I would like to see more of them, not fewer, preserved in Vermont and across the country.
Prior to 1969, artists and collectors alike were able to take a deduction equivalent to the fair market value of a work, but Congress changed the law with respect to artists in the Tax Reform Act of 1969. Since then, fewer and fewer artists have donated their works to museums and cultural institutions. For example, prior to the enactment of the 1969 law, Igor Stravinsky planned to donate his papers to the Music Division of the Library of Congress. But after the law passed, his papers were sold instead to a private foundation in Switzerland. We can no longer afford this massive loss to our cultural heritage. Losses to the public like this are an unintended consequence of the 1969 tax bill that should be corrected.
Congress changed the law for artists more than 30 years ago in response to the perception that some taxpayers were taking advantage of the law by inflating the market value of self-created works. Since that time, however, the government has cut down significantly on the abuse of fair market value determinations.
Under our legislation, artists who donate their own paintings, manuscripts, compositions, or scholarly compositions would be subject to the same new rules that all taxpayer/collectors who donate such works must now follow. This includes providing relevant information as to the value of the gift, providing appraisals by qualified appraisers, and, in some cases, subjecting them to review by the Internal Revenue Service's Art Advisory Panel.
In addition, donated works must be accepted by museums and libraries, which often have strict criteria in place for works they intend to display. The institution must certify that it intends to put the work to a use that is related to the institution's tax exempt status. For example, a painting contributed to an educational institution must be used by that organization for educational purposes and could not be sold by the institution for profit. Similarly, a work could not be donated to a hospital or other charitable institution that did not intend to use the work in a manner related to the function constituting the recipient's exemption under Section 501 of the tax code. Finally, the fair market value of the work could only be deducted from the portion of the artist's income that has come from the sale of similar works or related activities.
This bill would also correct another disparity in the tax treatment of self-created works--how the same work is treated before and after an artist's death. While living artists may only deduct the material costs of donations, donations of those same works after death are deductible from estate taxes at the fair market value of the work. In addition, when an artist dies, works that are part of his or her estate are taxed on the fair market value.
I want to thank my colleagues again for cosponsoring this bipartisan legislation. The time has come for us to correct an unintended consequence of the 1969 law and encourage rather than discourage the donations of art works by their creators. This bill will make a crucial difference in an artist's decision to donate his or her work, rather than sell it to a private party where it may become lost to the public forever.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 1424. Today we are attempting to enact legislation that achieves ``parity'' in the treatment of…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to H.R. 1424. Today we are attempting to enact legislation that achieves ``parity'' in the treatment of employer-sponsored coverage for mental and behavioral illnesses. However, although the House bill is well-intentioned, it does not accomplish the goal of providing parity. Instead, it creates new mandates so onerous that they could do far more harm than good, potentially squeezing employers out of the voluntary health care system altogether or eliminating the very mental health benefits we are trying to provide.
First, this bill would give preferential treatment in our health care system to mental health benefits, affording mental illness a special status that is not given to other similarly severe medical illnesses.
For example, under the House bill we are considering today, virtually every mental illness defined by the mental health profession would be required to be covered by private plans. This, despite the fact that most States currently do not mandate this type of coverage. Also, H.R. 1424 does not place a similar requirement on private health plans to cover other types of medical benefits, including hospital services, physician services, drug benefits, or any other category of benefits. What this bill really accomplishes is not ``parity'' between mental health coverage and the medical and surgical benefits that are offered by plans; it is quite simply preferential treatment for mental health benefits over and above all other categories of medical benefits. The changes that have been made to the floor version of H.R. 1424 fail to address these serious concerns.
Second, we have heard the bill's supporters say that this is a balanced bill. Respectfully, it is not. The bill fails to adequately and explicitly protect the ability of private plans to apply commonsense medical management practices currently being used to help ensure the delivery of high-quality medical care and ensure that coverage for working men and women remains affordable.
Under this bill, plans would likely have to pay a mental health provider's bill without question, which would make it very difficult to control costs.
Third, this bill unnecessarily weakens the preemption requirements in the ERISA law. As a result, States would be free to enact standards greater than the Federal standard. Although the majority may argue that ERISA preemption is maintained, their language,
at a minimum, raises serious questions about the ability of States to enact laws and remedies that preempt ERISA and impact group health plans that currently operate under Federal law.
Litigation to determine the meaning of this provision will result and group health plans could be subjected to possibly 50 different State laws on mental health benefits, making it harder to provide one set of rules that apply to all plans. This violates a fundamental rule of ERISA, which creates efficiencies by preventing plans from having to comply with 50 or more different sets of laws. One set of rules, applied equally to all ERISA plans, makes high-quality coverage affordable and available to millions of Americans. If the majority were truly interested in preserving ERISA, they would have adopted the noncontroversial language contained in the competing Senate mental health parity bill.
Fourth, the bill mandates out-of-network coverage if any other benefit is operated on an out-of-network basis. This mandate will prevent plans from coordinating medical care, which will reduce quality and increase the cost of coverage.
Lastly, this bill will increase litigation against ERISA plans by permitting application of State remedies to federally mandated benefits. There will be absolutely no consistency in State court rulings, and litigation costs could skyrocket.
Mr. Speaker, while the broad issue of mental health parity enjoys widespread support, this bill does not. It is not a negotiated compromise between all parties that have a stake in this debate and, therefore, it is not in the best interest of the country as a whole.
However, a viable alternative to the House bill with broad mainstream support already exists and has passed the Senate. The Senate's bipartisan bill has extensive support from mental health advocates, health care providers and business groups representing virtually all sides of this debate. The Senate bill is the product of years of bipartisan negotiations which accomplishes exactly what it sets out to do, provide parity for mental health benefits. It clearly reflects a more balanced and viable solution, and has a much better chance of becoming law if it were considered and passed by the House. Sadly, the majority has refused to consider that legislation, and instead offers the bill we are debating today, which gives preferential treatment to one particular class of medical benefits and has little or no chance of becoming law. Unfortunately, passage of the House bill will likely make it much more difficult to pass meaningful parity legislation this year.
For the reasons stated, I must oppose this bill and encourage my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentlelady from Oklahoma (Ms. Fallin).
Mr. Speaker, I'm happy to yield now 4 minutes to the gentleman from Georgia (Mr. Broun).
May I inquire as to the amount of time remaining.
I'm going to be our last speaker.
I'll reserve.
Mr. Speaker, we do have another speaker.
Mr. Speaker, I'm happy to yield at this time to the gentlelady from Oklahoma (Ms. Fallin) 2 minutes.
Mr. Speaker, I will add 1\1/2\ minutes to demonstrate also bipartisanship.
I'm the last speaker.
Mr. President, today the Senate takes a long overdue step in the right direction for the health of all Americans. The passage of the Mental Health Parity Act of 2007 recognizes the millions of people…
Mr. President, today the Senate takes a long overdue step in the right direction for the health of all Americans. The passage of the Mental Health Parity Act of 2007 recognizes the millions of people living with a mental illness and the millions of friends, family members, and communities who support them.
Mental health parity legislation simply calls for health plans to provide comparable levels of coverage for mental health services as are provided for traditional medical services. It doesn't sound like a radical proposal, yet it has taken years to move this legislation through the Senate.
We have made progress, though, and much of the leadership on this issue has been provided by Senator Kennedy and Senator Domenici in recent years. We started in 1992, when my good friend, the late Senator Paul Wellstone, and Senator Pete Domenici introduced the Mental Health Parity Act to correct the unfair burden placed on American families living with mental illness without access to mental health services.
It took a while, but in 1996, the first mental health parity legislation was enacted into law. It wasn't a perfect bill. It fell far short of its goal in many respects, but it was a significant piece of legislation that acknowledged the longstanding bias against covering mental health services.
Based on what we did in 1996, current law requires insurers that offer mental health care to offer comparable benefit caps for mental health and physical health. Unfortunately, that left a loophole that has allowed the common practice in which insurers set higher deductibles, charge higher copays, and cover fewer services for mental health care. As a result, millions of Americans are left without affordable mental health treatment. What they are left with is the often crushing aftermath--loss of employment, poor school performance, poverty, and even suicide.
Every year since that 1996 law was enacted, the Senate has had a mental health parity bill to fix this problem, but to no avail. This year, for the first time in a decade, the Senate has passed a bill to address the loopholes in the mental health parity law. I commend Senators Kennedy and Domenici for their dedication to seeing this through. I only wish that Paul Wellstone could have lived to see this day.
Paul Wellstone was a good friend of mine and an inspiration to me and to many others who served with him in the Chamber. Throughout his congressional career, Paul fought tirelessly for equal rights for all, regardless of their race, religion, socioeconomic status, or health status. He was a champion of many causes, but no cause was more dear, or more personal, to him than making sure that people with mental illness were treated fairly and with dignity.
Paul Wellstone was touched personally by mental illness. His older brother lived and struggle with mental illness most of his life. Paul believed that for his brother, and for all Americans, mental health was as important as physical health. Senator Pete Domenici, too, understands the importance of having access to mental health services. His daughter also has struggled with mental illness.
Fifteen years ago, Senators Wellstone and Domenici brought home a fact that is as true today as it was then--nearly everyone knows someone living with a mental illness. According to the National Institute of Mental Health, more than one in four adults in the United States--more than 57 million adults--suffer from a diagnosable mental disorder in a given year. One in seventeen Americans suffers from a serious mental illness.
These two Senators were fiercely determined to end discrimination against people with mental illness. We all lost a spirited champion for mental health on October 25, 2002, when Paul Wellstone was in a fatal plane crash. But the fight for mental health parity has lived on. Senator Kennedy quickly took up the fight, and he and Senator Domenici have resolutely worked to strengthen common ground and supporters who would bring us to this day, the day of Senate passage of the mental health parity bill.
Last year, the Senate passed a resolution I submitted that marked the fourth anniversary of Paul Wellstone's death. The resolution expresses the sense of the Senate that Congress should act ``to provide for equal coverage of mental health benefits with respect to health insurance coverage''--in other words, pass mental health parity.
I am proud to note the Senate's action today. With the passage of the Mental Health Parity Act of 2007, we are assuring millions of Americans that mental illness deserves equal treatment as physical illness. We are telling millions of families that help is available and that they no longer have to feel excluded. And most importantly, we are opening doors to hope and closing doors to desperation.
We may not live in a perfect world but we are closer to a more perfect union. It is in the spirit of Paul Wellstone and--thanks to Senators Kennedy and Domenici--the spirit of bipartisanship that we pass this historic piece of legislation. Senator Wellstone was quoted as saying:
I don't think politics has anything to do with left, right,
or center. It has to do with trying to do right by the
people.
Today, I think Paul would agree that the Senate has done right.
Mr. President, I rise today to join my colleagues, Senator Kennedy, Senator Enzi, and Senator Alexander in introducing the Head Start for School Readiness Act. I am pleased that we are beginning the…
Mr. President, I rise today to join my colleagues, Senator Kennedy, Senator Enzi, and Senator Alexander in introducing the Head Start for School Readiness Act. I am pleased that we are beginning the process of reauthorizing this important legislation early in the 110th Congress.
Since 1965, Head Start has provided comprehensive early childhood development services to low-income children. The evidence is clear: Head Start works for the more than 900,000 children enrolled in centers throughout the country. As we reauthorize this bill, we have the opportunity to refine and improve the program to make it work even better.
This reauthorization bill maintains the important characteristics of Head Start that have made it such an important program, aiding in the social, emotional, physical and cognitive development of low-income preschool children. The program is successful because each center addresses the needs of the local community. It is more than just a school readiness program; it addresses the comprehensive needs of children and their families by providing health and other services to the enrolled children. Families play the most important role in ensuring the success of their children, and our bill maintains an integral role for parents in the decision-making and day to day operations of the program. Parent involvement is a centerpiece of Head Start and I believe this bill strengthens that component.
This reauthorization bill expands eligibility, improves accountability by clarifying program governance, strengthens school readiness for children and enhances teacher quality. In addition, collaboration and coordination with other early childhood development programs and outreach to underserved populations is greatly improved.
The bill we're introducing enables more low-income children to get a head start by allowing programs to serve families with incomes up to 130 percent of the poverty level, while ensuring that the most vulnerable families below the poverty level are served first. This is important for Connecticut and other States where the cost of living is especially high and many working poor families aren't able to access services because they earn just above the poverty level. In addition, the bill expands access to services for infants and toddlers in Early Head Start by increasing the set-aside from 10 percent to 20 percent over the next 5 years. Programs are also provided more discretion to serve eligible individuals based on the needs of the each community.
Although we do not go as far as I would personally like to see in funding for Head Start, we do authorize additional resources in this bill. Despite the tight budget situation, we authorize an increase of six percent from $6.9 billion to $7.35 billion in Fiscal Year 2008, to $7.65 billion in Fiscal Year 2009 and to $7.995 billion in Fiscal Year 2009. I continue to be gravely concerned about the lack of resources for Head Start--funding levels have been essentially flat since 2002. Currently, only half of eligible children are served in Head Start and fewer than 5 percent are served in Early Head Start.
Across the country, Head Start providers are reporting rising costs in transportation, some more than 15 percent due to fuel prices. Other budget concerns include higher unemployment and health care premiums, facilities maintenance and training for staff. Rising operating costs are coinciding with State, local and private funding partners cutting back their contributions to local Head Start programs. This terrible budget crunch has caused providers to make deep cuts in already tight budgets, as they try desperately to not remove children from their enrollments. I understand the challenges facing the Federal budget and look forward to continuing to work with my colleagues on the budget and appropriations committees to increase vital resources for Head Start.
Research shows that child outcomes are directly related to the quality of the teachers and professionals who work with them on a daily basis. I am pleased that we establish goals in this Head Start bill for improving educational standards for Head Start teachers, curriculum specialists and teacher assistants. Understanding that dedicated Head Start teachers and staff work hard for relatively low wages, there will not be penalties associated with programs not meeting the goal we have established. I would hope that we could offer funding to help teachers meet these goals, but that is not possible at this juncture. I will continue to work toward increased funding to assist teachers in pursuing additional educational goals.
When Head Start began more than 40 years ago, it was the only preschool program available for low-income children; now there are many approaches. Collaboration and coordination with other early childhood programs is also an essential piece of this Head Start bill, reducing duplication and encouraging opportunities for shared information and resources.
I look forward to working with my colleagues as we move this bill through the Senate.
I thank the chairman for yielding me this time, and I want to thank him for all of his hard work and that of the other chairmen, Chairman Dingell, Chairman Rangel, Chairman Miller, Chairman Stark,…
I thank the chairman for yielding me this time, and I want to thank him for all of his hard work and that of the other chairmen, Chairman Dingell, Chairman Rangel, Chairman Miller, Chairman Stark, and obviously you, Chairman Pallone, for hosting that committee hearing in your district, as well as Chairman Andrews for all the work he did on this issue to bring H.R. 1424 to the floor today.
Without all of your markups, this bill would not have made it as far as it did today to come to this floor as one of the most important public health bills that we have seen on this floor in decades. Of course, that would not have happened had it not been for the great support of our Speaker, Nancy Pelosi, and Leader Hoyer who without their support this would not have happened as well. I am indebted to them for their support.
Today, this House of Representatives takes up a truly landmark piece of civil rights legislation. Why civil rights? Because just as it would account for the color of your skin, or any other immutable fact about you, you don't choose if you're born with a congenital defect or if you're born with
one characteristic or another, just as you don't choose to have a predisposition to cancer, a predisposition to having asthma, a predisposition to dying early of one disease or another. And that applies true with those with mental illness. Yet when you have health insurance in this country, you expect to buy health insurance and it should cover your whole body.
But unfortunately, unbelievably, the brain is still relegated to that part of the world where people think of it as something that should be in your control, something that you should take charge of and so forth; that even though you might have a biochemical imbalance in your brain, that it is your fault if you have that biochemical imbalance in your brain.
So if you had diabetes and you don't produce enough insulin and you eat the wrong food and have sugar imbalances, no one holds it against you if you have complications to diabetes. But God forbid you have a dopamine imbalance in your brain that causes you to use alcohol or drugs, or you have a dopamine imbalance that has you in a depression or an imbalance in your brain that has you have a mental illness like schizophrenia. Then you are held to account because someone says that is your fault. And if you wander around the streets or if you are homeless, that must be your fault.
Those are the physical symptoms of a mental illness. Yet an insurance company will hospitalize you for the symptoms of a chemical imbalance called diabetes, but they won't hospitalize you for the physical and chemical imbalances of a brain illness as a result of dopamine imbalances or glutamate imbalances. What sense does that make? It doesn't make any sense. But it is stereotyped in an old dark ages mindset that has people hanging in the shadows because they are afraid someone is going to point someone out and say you should be ashamed of yourself because you have a mental illness.
My friends, I have a mental illness. I am fortunately getting the best care this country has to offer because I am a Member of Congress. If it is good enough for Members of Congress to have full parity, then it ought to be good enough for every American in this country who buys health insurance not to be discriminated against.
If we care about health care in this country, why are we not taking care of health care, rather than sick care? We ought to be taking care of people before they end up sick. We are spending in our emergency rooms too much money taking care of all of the acute cases as a result of mental illnesses, the car accidents, stabbings and intubations. Why not take care of people before they end up ending up in the emergency rooms? Why not take care of the people before they end up in our jails?
Let's pass mental parity, make this country stronger, make our people stronger, and let's make this day a great day for civil rights for all Americans.
I want to say this couldn't have been done without my good friend and colleague Jim Ramstad. Let's put this bill on the floor and do it this year and make it a tribute to Congressman Jim Ramstad, who has fought for this bill so long and hard.
I just want to take issue with the point that this is giving some kind of preferential treatment to mental health benefits. If the gentleman would yield for a second on the point, we're having to state that mental health benefits need to be in the bill because no one questions when you get a broken arm, that it's automatically covered. But if it's a mental illness, it's discriminated against. Why we have to put this in the bill is because if we don't, it gets discriminated against. It's as simple as that. That's why we're on the floor today because we have to put it into civil rights law so it's not discriminated against. That's why we're on the floor today. That's not preferential treatment.
Mr. Speaker, I thank the gentleman for yielding, and I am pleased to follow my friend Mr. Murphy who just spoke, with whom I agree entirely. This will be a cost savings. I want to congratulate as…
Mr. Speaker, I thank the gentleman for yielding, and I am pleased to follow my friend Mr. Murphy who just spoke, with whom I agree entirely. This will be a cost savings. I want to congratulate as well Patrick Kennedy and Jim Ramstad, one a Democrat and one a Republican.
But this is not a partisan issue. This is not a Republican or Democratic issue. It is an issue of human beings. It is an issue of people that need help and have been denied it, people who are one of us, as Mr. Murphy so eloquently and correctly pointed out.
I rise in strong support of this legislation. I strongly support this long overdue bipartisan legislation to end discrimination against patients seeking treatment for mental illness. Mr. Kennedy spoke of that discrimination.
I want to commend Congressman Kennedy and my friend Congressman Ramstad. Congressman Ramstad is going to be leaving us, but he has been one of the best Members that has served in this body, who looks at issues on their merits, not on partisanship. We all ought to do that.
This legislation, the Paul Wellstone Mental Health and Addiction Equity Act, now has 274 cosponsors on both sides of the aisle. Under this bill, an insurer or group health plan must ensure that any financial requirements such as deductibles, copayments, coinsurance and out-of-pocket expenses which apply to mental health and addiction treatments are no more restrictive or costly than the financial requirements applied to comparable medical and surgical benefits that the plan confers.
Why does it do that? It does it because in America we want healthy people; not physically healthy people or mentally healthy people, but people who are physically and mentally healthy, because obviously there is an extraordinary relationship between the two. Under this bill, we will accomplish that end.
It also requires equity in treatment limits. This means that the treatment limits, such as the frequency of treatment, number of visits and days of coverage applied to mental health and addiction benefits, are no more restrictive than the treatment limits applied to comparable medical and surgical benefits. Why? Again, because we want to effect the health of the individuals we are serving.
It is important to note that this bill only applies to insurers and group health plans that provide mental health benefits. That is, it does not require plans that do not currently offer mental health benefits to do so. It simply says, if you provide mental health benefits, do so equitably and fairly and equally. That is why Patrick Kennedy referred to this as a civil rights bill. It is a civil rights bill.
It also exempts businesses with 50 or fewer employees and businesses that experience an overall premium increase of 2 percent or more in the first year and 1 percent in subsequent years. We believe that perhaps will not happen, but it provides for it.
Research has shown that there has been no significant cost increase attributable to the parity requirement in the Federal Employees Health Benefits Program, which has made parity coverage for mental health care available to more than 8\1/2\ million Federal employees for 8 years. So we have had experience at this. This is not a radical departure. This is, however, the provision of equal treatment.
Furthermore, this bill's enforcement mechanisms are real, permitting the IRS to enforce and levy fines and penalties on plans for disallowing employers from deducting health care costs as an expense.
The two offsets in this bill were included in the Children's Health and Medical Protection Act, or the CHAMP Act, which passed the House last August. The first increases the rebate or discount that drug companies are required to provide State Medicaid programs for drugs provided for Medicaid beneficiaries. The second prohibits physicians from referring patients to hospitals in which they have an ownership interest, with the ability to grandfather existing physician-owned hospitals.
It is telling, Mr. Speaker, that this bill is supported by, among others, the American Medical Association, the American Hospital Association, the American Nurses Association, the American Psychiatric Association, and the American Psychological Association.
On the steps of the Capitol in a press conference with the Speaker, with Mrs. Rosalynn Carter, Mr. Kennedy and Mr. Ramstad, as well as David Wellstone, I said that the United Negro College Fund has a wonderful phrase that it uses, and that phrase is that ``a mind is a terrible thing to waste.'' That is so very accurate. And if a mind is a terrible thing to waste, it is a terrible thing not to treat, as we would treat the broken arm or the diabetes or any other physical ailment.
This bill makes America healthier. This bill will save money. This bill makes good sense, morally and economically. Support this vital piece of legislation.
Mr. Speaker, I would yield myself such time as I may consume. Mr. Speaker, I rise today in opposition to this legislation. It is unfortunate that the majority in the House refused to pursue a…
Mr. Speaker, I would yield myself such time as I may consume.
Mr. Speaker, I rise today in opposition to this legislation. It is unfortunate that the majority in the House refused to pursue a strategy that our colleagues in the other body found appropriate for this legislation. Legislating, as we know, means compromising, and our colleagues on the other side of the Capitol worked together to craft a consensus piece of mental health parity legislation.
As a supporter of the concept of mental health parity, it is disappointing to me that the House has instead decided to jeopardize the possibility of getting legislation on mental health parity this year by ignoring the broad consensus among Members and stakeholders which was developed in the Senate.
Mental illness affects tens of millions of Americans. According to the Surgeon General, approximately one in five Americans suffers adverse mental conditions during any given year. The impact from such illnesses on families can be devastating, and we must be doing more to improve access to mental health services. However, this bill before us today is not the correct approach.
At a time of climbing premiums and health insurance costs, it is strange to me that we would pursue a path which the CBO acknowledges will raise the price of health insurance. CBO also projected that H.R. 1424 would cause some to lose their health insurance benefits and some employers to terminate mental health benefits altogether. In the face of a growing uninsured population in this country, statements like these from CBO concern me. We must find a more balanced approach to this problem that protects access to health insurance and mental health benefits.
The bill's focus is also overly broad and includes coverage of some conditions that fall well short of diseases under most scientifically accepted definitions. Our legislation should focus on serious biologically based mental disorders like schizophrenia and bipolar disorder, not on jet lag and caffeine addiction, as this bill would include. Employers may be willing to provide coverage for serious mental disorders, but under this bill could decide to drop coverage of mental illness altogether because they cannot afford the scope of the DSM-IV, the Diagnostic and Statistical Manual of Mental Disorders. Surely, this is an unintended consequence we should all want to avoid.
It is also important to note that under the bill, no executive or congressional action would intercede between the decisions of the American Psychiatric Association in the creation of the DSM and future legal requirements with which employers and insurers must comply under penalty of Federal law. I have always been concerned that this represents a likely constitutional conflict under the delegations doctrine. The bill appears to leave any update of what qualifies as mental health conditions and, therefore, coverage under the bill to the American Psychiatric Association. There are no criteria for judicial review, required notice and comment, or congressional review of future decisions made by a nongovernment entity.
I want to be clear that I am not questioning the value of the DSM or the practice of medicine, or the process by which the manual is developed. But I believe giving the future decisions of a nongovernmental body the force of law raises serious constitutional questions. I would support a more balanced approach to mental health parity along the lines of the Senate bill.
I would ask my colleagues to vote ``no'' today so that we can take up the Senate bill and avoid a possible stalemate in a House-Senate conference on an issue that should be signed into law this Congress.
I would reserve the balance of my time.
Mr. Speaker, I am pleased to yield 2 minutes to Mr. Ferguson from New Jersey.
Mr. Speaker, I am pleased to yield 3 minutes to the gentleman from Pennsylvania (Mr. Tim Murphy), a member of the committee.
Mr. Speaker, I am pleased to yield 2 minutes to the gentleman from Oklahoma (Mr. Sullivan), another member of the committee.
Mr. Speaker, I am pleased to yield 4 minutes to the ranking member of the Energy and Commerce Committee, the gentleman from Texas (Mr. Barton).
I am pleased to yield 2 minutes to another member of the committee, the gentleman from Indiana (Mr. Buyer).
(Mr. BUYER asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I am pleased to yield 1 minute to my colleague from Georgia (Mr. Broun).
Mr. Speaker, I yield the balance of our time, 2 minutes, to a member of the committee, the gentleman from Texas (Mr. Burgess).
Bill Text
4 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 558 Referred in House (RFH)]
1st Session
S. 558
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 19, 2007
Referred to the Committee on Energy and Commerce, and in addition to
the Committee on Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To provide parity between health insurance coverage of mental health
benefits and benefits for medical and surgical services.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mental Health Parity Act of 2007''.
SEC. 2. MENTAL HEALTH PARITY.
(a) Amendments of ERISA.--Subpart B of part 7 of title I of the
Employee Retirement Income Security Act of 1974 is amended by inserting
after section 712 (29 U.S.C. 1185a) the following:
``SEC. 712A. MENTAL HEALTH PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall ensure that--
``(1) the financial requirements applicable to such mental
health benefits are no more restrictive than the financial
requirements applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including
deductibles, copayments, coinsurance, out-of-pocket expenses,
and annual and lifetime limits, except that the plan (or
coverage) may not establish separate cost sharing requirements
that are applicable only with respect to mental health
benefits; and
``(2) the treatment limitations applicable to such mental
health benefits are no more restrictive than the treatment
limitations applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including limits on
the frequency of treatment, number of visits, days of coverage,
or other similar limits on the scope or duration of treatment.
``(b) Clarifications.--In the case of a group health plan (or
health insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
and complies with the requirements of subsection (a), such plan or
coverage shall not be prohibited from--
``(1) negotiating separate reimbursement or provider
payment rates and service delivery systems for different
benefits consistent with subsection (a);
``(2) managing the provision of mental health benefits in
order to provide medically necessary services for covered
benefits, including through the use of any utilization review,
authorization or management practices, the application of
medical necessity and appropriateness criteria applicable to
behavioral health, and the contracting with and use of a
network of providers; and
``(3) applying the provisions of this section in a manner
that takes into consideration similar treatment settings or
similar treatments.
``(c) In- and Out-of-Network.--In the case of a group health plan
(or health insurance coverage offered in connection with such a plan)
that provides both medical and surgical benefits and mental health
benefits, and that provides such benefits on both an in- and out-of-
network basis pursuant to the terms of the plan (or coverage), such
plan (or coverage) shall ensure that the requirements of this section
are applied to both in- and out-of-network services by comparing in-
network medical and surgical benefits to in-network mental health
benefits and out-of-network medical and surgical benefits to out-of-
network mental health benefits.
``(d) Small Employer Exemption.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any group health plan (or group
health insurance coverage offered in connection with a group
health plan) for any plan year of any employer who employed an
average of at least 2 (or 1 in the case of an employer residing
in a State that permits small groups to include a single
individual) but not more than 50 employees on business days
during the preceding calendar year.
``(2) No preemption of certain state laws.--Nothing in
paragraph (1) shall be construed to preempt any State insurance
law relating to employers in the State who employed an average
of at least 2 (or 1 in the case of an employer residing in a
State that permits small groups to include a single individual)
but not more than 50 employees on business days during the
preceding calendar year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection:
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(e) Cost Exemption.--
``(1) In general.--With respect to a group health plan (or
health insurance coverage offered in connections with such a
plan), if the application of this section to such plan (or
coverage) results in an increase for the plan year involved of
the actual total costs of coverage with respect to medical and
surgical benefits and mental health benefits under the plan (as
determined and certified under paragraph (3)) by an amount that
exceeds the applicable percentage described in paragraph (2) of
the actual total plan costs, the provisions of this section
shall not apply to such plan (or coverage) during the following
plan year, and such exemption shall apply to the plan (or
coverage) for 1 plan year. An employer may elect to continue to
apply mental health parity pursuant to this section with
respect to the group health plan (or coverage) involved
regardless of any increase in total costs.
``(2) Applicable percentage.--With respect to a plan (or
coverage), the applicable percentage described in this
paragraph shall be--
``(A) 2 percent in the case of the first plan year
in which this section is applied; and
``(B) 1 percent in the case of each subsequent plan
year.
``(3) Determinations by actuaries.--Determinations as to
increases in actual costs under a plan (or coverage) for
purposes of this section shall be made and certified by a
qualified and licensed actuary who is a member in good standing
of the American Academy of Actuaries. All such determinations
shall be in a written report prepared by the actuary. The
report, and all underlying documentation relied upon by the
actuary, shall be maintained by the group health plan or health
insurance issuer for a period of 6 years following the
notification made under paragraph (6).
``(4) 6-month determinations.--If a group health plan (or a
health insurance issuer offering coverage in connection with a
group health plan) seeks an exemption under this subsection,
determinations under paragraph (1) shall be made after such
plan (or coverage) has complied with this section for the first
6 months of the plan year involved.
``(5) Notification.--An election to modify coverage of
mental health benefits as permitted under this subsection shall
be treated as a material modification in the terms of the plan
as described in section 102(a) and shall be subject to the
applicable notice requirements under section 104(b)(1).
``(6) Notification to appropriate agency.--
``(A) In general.--A group health plan (or a health
insurance issuer offering coverage in connection with a
group health plan) that, based upon a certification
described under paragraph (3), qualifies for an
exemption under this subsection, and elects to
implement the exemption, shall notify the Department of
Labor or the Department of Health and Human Services,
as appropriate, of such election.
``(B) Requirement.--A notification under
subparagraph (A) shall include--
``(i) a description of the number of
covered lives under the plan (or coverage)
involved at the time of the notification, and
as applicable, at the time of any prior
election of the cost-exemption under this
subsection by such plan (or coverage);
``(ii) for both the plan year upon which a
cost exemption is sought and the year prior, a
description of the actual total costs of
coverage with respect to medical and surgical
benefits and mental health benefits under the
plan; and
``(iii) for both the plan year upon which a
cost exemption is sought and the year prior,
the actual total costs of coverage with respect
to mental health benefits under the plan.
``(C) Confidentiality.--A notification under
subparagraph (A) shall be confidential. The Department
of Labor and the Department of Health and Human
Services shall make available, upon request and on not
more than an annual basis, an anonymous itemization of
such notifications, that includes--
``(i) a breakdown of States by the size and
type of employers submitting such notification;
and
``(ii) a summary of the data received under
subparagraph (B).
``(7) Audits by appropriate agencies.--To determine
compliance with this subsection, the Department of Labor and
the Department of Health and Human Services, as appropriate,
may audit the books and records of a group health plan or
health insurance issuer relating to an exemption, including any
actuarial reports prepared pursuant to paragraph (3), during
the 6 year period following the notification of such exemption
under paragraph (6). A State agency receiving a notification
under paragraph (6) may also conduct such an audit with respect
to an exemption covered by such notification.
``(f) Mental Health Benefits.--In this section, the term `mental
health benefits' means benefits with respect to mental health services
(including substance use disorder treatment) as defined under the terms
of the group health plan or coverage, and when applicable as may be
defined under State law when applicable to health insurance coverage
offered in connection with a group health plan.''.
(b) Public Health Service Act.--Subpart 2 of part A of title XXVII
of the Public Health Service Act is amended by inserting after section
2705 (42 U.S.C. 300gg-5) the following:
``SEC. 2705A. MENTAL HEALTH PARITY.
``(a) In General.--In the case of a group health plan (or health
insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
such plan or coverage shall ensure that--
``(1) the financial requirements applicable to such mental
health benefits are no more restrictive than the financial
requirements applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including
deductibles, copayments, coinsurance, out-of-pocket expenses,
and annual and lifetime limits, except that the plan (or
coverage) may not establish separate cost sharing requirements
that are applicable only with respect to mental health
benefits; and
``(2) the treatment limitations applicable to such mental
health benefits are no more restrictive than the treatment
limitations applied to substantially all medical and surgical
benefits covered by the plan (or coverage), including limits on
the frequency of treatment, number of visits, days of coverage,
or other similar limits on the scope or duration of treatment.
``(b) Clarifications.--In the case of a group health plan (or
health insurance coverage offered in connection with such a plan) that
provides both medical and surgical benefits and mental health benefits,
and complies with the requirements of subsection (a), such plan or
coverage shall not be prohibited from--
``(1) negotiating separate reimbursement or provider
payment rates and service delivery systems for different
benefits consistent with subsection (a);
``(2) managing the provision of mental health benefits in
order to provide medically necessary services for covered
benefits, including through the use of any utilization review,
authorization or management practices, the application of
medical necessity and appropriateness criteria applicable to
behavioral health, and the contracting with and use of a
network of providers; and
``(3) applying the provisions of this section in a manner
that takes into consideration similar treatment settings or
similar treatments.
``(c) In- and Out-of-Network.--In the case of a group health plan
(or health insurance coverage offered in connection with such a plan)
that provides both medical and surgical benefits and mental health
benefits, and that provides such benefits on both an in- and out-of-
network basis pursuant to the terms of the plan (or coverage), such
plan (or coverage) shall ensure that the requirements of this section
are applied to both in- and out-of-network services by comparing in-
network medical and surgical benefits to in-network mental health
benefits and out-of-network medical and surgical benefits to out-of-
network mental health benefits.
``(d) Small Employer Exemption.--
``(1) In general.--Except as provided in paragraph (2),
this section shall not apply to any group health plan (or group
health insurance coverage offered in connection with a group
health plan) for any plan year of any employer who employed an
average of at least 2 (or 1 in the case of an employer residing
in a State that permits small groups to include a single
individual) but not more than 50 employees on business days
during the preceding calendar year.
``(2) No preemption of certain state laws.--Nothing in
paragraph (1) shall be construed to preempt any State insurance
law relating to employers in the State who employed an average
of at least 2 (or 1 in the case of an employer residing in a
State that permits small groups to include a single individual)
but not more than 50 employees on business days during the
preceding calendar year.
``(3) Application of certain rules in determination of
employer size.--For purposes of this subsection:
``(A) Application of aggregation rule for
employers.--Rules similar to the rules under
subsections (b), (c), (m), and (o) of section 414 of
the Internal Revenue Code of 1986 shall apply for
purposes of treating persons as a single employer.
``(B) Employers not in existence in preceding
year.--In the case of an employer which was not in
existence throughout the preceding calendar year, the
determination of whether such employer is a small
employer shall be based on the average number of
employees that it is reasonably expected such employer
will employ on business days in the current calendar
year.
``(C) Predecessors.--Any reference in this
paragraph to an employer shall include a reference to
any predecessor of such employer.
``(e) Cost Exemption.--
``(1) In general.--With respect to a group health plan (or
health insurance coverage offered in connection with such a
plan), if the application of this section to such plan (or
coverage) results in an increase for the plan year involved of
the actual total costs of coverage with respect to medical and
surgical benefits and mental health benefits under the plan (as
determined and certified under paragraph (3)) by an amount that
exceeds the applicable percentage described in paragraph (2) of
the actual total plan costs, the provisions of this section
shall not apply to such plan (or coverage) during the following
plan year, and such exemption shall apply to the plan (or
coverage) for 1 plan year. An employer may elect to continue to
apply mental health parity pursuant to this section with
respect to the group health plan (or coverage) involved
regardless of any increase in total costs.
``(2) Applicable percentage.--With respect to a plan (or
coverage), the applicable percentage described in this
paragraph shall be--
``(A) 2 percent in the case of the first plan year
in which this section is applied; and
``(B) 1 percent in the case of each subsequent plan
year.
``(3) Determinations by actuaries.--Determinations as to
increases in actual costs under a plan (or coverage) for
purposes of this section shall be made and certified by a
qualified and licensed actuary who is a member in good standing
of the American Academy of Actuaries. All such determinations
shall be in a written report prepared by the actuary. The
report, and all underlying documentation relied upon by the
actuary, shall be maintained by the group health plan or health
insurance issuer for a period of 6 years following the
notification made under paragraph (6).
``(4) 6-month determinations.--If a group health plan (or a
health insurance issuer offering coverage in connection with a
group health plan) seeks an exemption under this subsection,
determinations under paragraph (1) shall be made after such
plan (or coverage) has complied with this section for the first
6 months of the plan year involved.
``(5) Notification.--An election to modify coverage of
mental health benefits as permitted under this subsection shall
be treated as a material modification in the terms of the plan
as described in section 102(a) of the Employee Retirement
Income Security Act of 1974 and shall be subject to the
applicable notice requirements under section 104(b)(1) of such
Act.
``(6) Notification to appropriate agency.--
``(A) In general.--A group health plan (or a health
insurance issuer offering coverage in connection with a
group health plan) that, based upon a certification
described under paragraph (3), qualifies for an
exemption under this subsection, and elects to
implement the exemption, shall notify the Department of
Labor or the Department of Health and Human Services,
as appropriate, of such election. A health insurance
issuer providing health insurance coverage in
connection with a group health plan shall provide a
copy of such notice to the State insurance department
or other State agency responsible for regulating the
terms of such coverage.
``(B) Requirement.--A notification under
subparagraph (A) shall include--
``(i) a description of the number of
covered lives under the plan (or coverage)
involved at the time of the notification, and
as applicable, at the time of any prior
election of the cost-exemption under this
subsection by such plan (or coverage);
``(ii) for both the plan year upon which a
cost exemption is sought and the year prior, a
description of the actual total costs of
coverage with respect to medical and surgical
benefits and mental health benefits under the
plan; and
``(iii) for both the plan year upon which a
cost exemption is sought and the year prior,
the actual total costs of coverage with respect
to mental health benefits under the plan.
``(C) Confidentiality.--A notification under
subparagraph (A) shall be confidential. The Department
of Labor and the Department of Health and Human
Services shall make available, upon request and on not
more than an annual basis, an anonymous itemization of
such notifications, that includes--
``(i) a breakdown of States by the size and
type of employers submitting such notification;
and
``(ii) a summary of the data received under
subparagraph (B).
``(7) Audits by appropriate agencies.--To determine
compliance with this subsection, the Department of Labor and
the Department of Health and Human Services, as appropriate,
may audit the books and records of a group health plan or
health insurance issuer relating to an exemption, including any
actuarial reports prepared pursuant to paragraph (3), during
the 6 year period following the notification of such exemption
under paragraph (6). A State agency receiving a notification
under paragraph (6) may also conduct such an audit with respect
to an exemption covered by such notification.
``(f) Mental Health Benefits.--In this section, the term `mental
health benefits' means benefits with respect to mental health services
(including substance use disorder treatment) as defined under the terms
of the group health plan or coverage, and when applicable as may be
defined under State law when applicable to health insurance coverage
offered in connection with a group health plan.''.
SEC. 3. EFFECTIVE DATE.
(a) In General.--The provisions of this Act shall apply to group
health plans (or health insurance coverage offered in connection with
such plans) beginning in the first plan year that begins on or after
January 1 of the first calendar year that begins more than 1 year after
the date of the enactment of this Act.
(b) Termination of Certain Provisions.--
(1) ERISA.--Section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a) is amended by striking
subsection (f) and inserting the following:
``(f) Sunset.--This section shall not apply to benefits for
services furnished after the effective date described in section 3(a)
of the Mental Health Parity Act of 2007.''.
(2) PHSA.--Section 2705 of the Public Health Service Act
(42 U.S.C. 300gg-5) is amended by striking subsection (f) and
inserting the following:
``(f) Sunset.--This section shall not apply to benefits for
services furnished after the effective date described in section 3(a)
of the Mental Health Parity Act of 2007.''.
SEC. 4. FEDERAL ADMINISTRATIVE RESPONSIBILITIES.
(a) Group Health Plan Ombudsman.--
(1) Department of labor.--The Secretary of Labor shall
designate an individual within the Department of Labor to serve
as the group health plan ombudsman for the Department. Such
ombudsman shall serve as an initial point of contact to permit
individuals to obtain information and provide assistance
concerning coverage of mental health services under group
health plans in accordance with this Act.
(2) Department of health and human services.--The Secretary
of Health and Human Services shall designate an individual
within the Department of Health and Human Services to serve as
the group health plan ombudsman for the Department. Such
ombudsman shall serve as an initial point of contact to permit
individuals to obtain information and provide assistance
concerning coverage of mental health services under health
insurance coverage issued in connection with group health plans
in accordance with this Act.
(b) Audits.--The Secretary of Labor and the Secretary of Health and
Human Services shall each provide for the conduct of random audits of
group health plans (and health insurance coverage offered in connection
with such plans) to ensure that such plans are in compliance with this
Act (and the amendments made by this Act).
(c) Government Accountability Office Study.--
(1) Study.--The Comptroller General shall conduct a study
that evaluates the effect of the implementation of the
amendments made by this Act on the cost of health insurance
coverage, access to health insurance coverage (including the
availability of in-network providers), the quality of health
care, the impact on benefits and coverage for mental health and
substance use disorders, the impact of any additional cost or
savings to the plan, the impact on out-of-network coverage for
mental health benefits (including substance use disorder
treatment), the impact on State mental health benefit mandate
laws, other impact on the business community and the Federal
Government, and other issues as determined appropriate by the
Comptroller General.
(2) Report.--Not later than 2 years after the date of
enactment of this Act, the Comptroller General shall prepare
and submit to the appropriate committees of Congress a report
containing the results of the study conducted under paragraph
(1).
(d) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Labor and the Secretary of Health and
Human Services shall jointly promulgate final regulations to carry out
this Act.
Passed the Senate September 18, 2007.
Attest:
NANCY ERICKSON,
Secretary.