Healthcare Legislation (Executive Calendar)
Mr. President, the topic before us is clearly the repeal and replacement of the Affordable Care Act, and that is what I rise to speak about today. In part I will speak as a Senator, and in part I will speak as a doctor, as I am a…
Mr. President, the topic before us is clearly the repeal and replacement of the Affordable Care Act, and that is what I rise to speak about today. In part I will speak as a Senator, and in part I will speak as a doctor, as I am a physician. My wife is also a physician. I worked in a hospital for the uninsured for many years.
First, let's just describe the state of play. It is so interesting, President Obama's healthcare law, the Affordable Care Act, ObamaCare.
I had two different communications yesterday, one from a sister-in- law in San Francisco. I think her husband voted for Bernie Sanders. She is, you know--but she said: This is incredible. Speaking of herself, she said: I am paying $20,000 a year in premiums, and each of my family members has a $6,000 deductible.
They have to pay San Francisco prices for everything, and they make good money but not exorbitant money. They are paying $20,000 a year for a premium, for a young couple in good health, with a family deductible probably of $13,000.
The next communication was in a phone call with a consultant here in Washington, DC, who does healthcare. He knows his stuff, and at some point, he breaks out of sort of a professional kind of ``this is the way I talk,'' and he says: You don't see my insurance. I am paying $24,000 a year for premiums, and I have a $13,000 family deductible. If my family gets in an accident, it will be $37,000 my family puts out before we see any benefit from our insurance.
I reminded him he would have preventive services, such as a colonoscopy, but that was cold comfort for him.
The reality is that middle-class America can no longer afford the now-ironically named Affordable Care Act. So where does that leave us?
President Trump--I like to say because I think he would say it-- established a contract with the American voter. President Trump said that he wanted to continue the number of folks who were covered under ObamaCare, he wanted to take care of those with preexisting conditions, he wanted to eliminate mandates because Americans hate to be told what to do by the Federal Government, and lastly, he wanted to lower costs. I think the average voter took lower costs to mean lower premiums, not a better CBO score, and lower premiums are really what those two communications are about.
The second thing I will note is that he was very passionate about a particular preexisting condition that the Presiding Officer here in the Senate cares about, which is opioid addiction. And he would go to counties where
there was a high incidence of opioid addiction and speak to how he wished to address their needs.
So I think President Trump's proposals--his contract with the voter-- really give us hope. The question is, How do we achieve that? Well, first we have to acknowledge a couple of things.
Rich Lowry is a conservative author for National Review, and he wrote a column: Basically, coverage is important. We cannot deny--no one can deny that it is important to have coverage. And if we speak--as the Presiding Officer did at lunch--about the family whose son is addicted to narcotics and the fact that now he has coverage and he is able to get off of the opioids instead of either dying, living in a gutter, or being incarcerated--that is a sign of hope. And when President Trump spoke of the forgotten man or the forgotten woman, in my mind, I think in his mind, he was referring to someone such as that.
So we have to acknowledge, as Rich Lowry did, that coverage is important. My own experience as a physician supports that. I am actually going to quote somebody from my wife's experience. My wife is a retired breast cancer surgeon, and she once told me about a patient who lived in a nice section of my hometown, Baton Rouge, had a nice car and children in parochial school, paying tuition. But her husband died. He always managed the family affairs, and he died, and she ended up uninsured. She had a nice car and nice home and kids in parochial school, but she didn't have insurance.
Going back to coverage being important, she began to develop breast cancer--something that is described in medicine as fungating, which means the cancer begins to eat through the skin on the chest--and she didn't know where to go because she didn't have coverage. And when the breast cancer was actually coming out of her skin is when she came to see my wife. My wife operated on her for free. The hospital wrote off the cost. But that is not the end of it because then she needed radiation therapy, she needed breast reconstruction, and she needed chemotherapy. And her only hope for survival is if she had this coverage.
So we can acknowledge two things--that coverage is important but also that premiums under the Affordable Care Act have become unaffordable.
I will go back to what President Trump said. President Trump said he wants everyone to be covered, care for those with preexisting conditions, without mandates, and lower premiums. That is something, whether Republican or Democratic or Independent, we should be able to get behind.
How do we have a path forward? Some folks say: Well, President Trump's promise cannot be kept. There was a good article recently by Jim Capretta, a conservative economist, and he says that, basically, we can achieve these goals. The way we do it is we automatically enroll folks in the insurance program so that if you are a young person, you get a credit, and that would be sufficient enough to pay for your annual premium. You don't have to take it, but if you do, you are automatically enrolled in insurance. By automatically enrolling these young people, we expand the risk pool, which is to say that we now have a lot of healthy young folks, most of whom will not get sick, but the fact that they are in the insurance pool means that those who are older and sicker will have lower premiums because the cost of their care is spread out over the many. That is a good thing. That would increase coverage and it would lower premiums without mandates, taking care of those with preexisting conditions.
I think Candidate Trump's genius was to recognize that the only way you get to lower premiums is if you expand coverage, and the only way to care for those with preexisting conditions is to expand coverage.
I am pleased to say we have a proposal that is called the Patient Freedom Act, which I have cosponsored and introduced with Susan Collins, and four other of our Republican Senators have cosponsored it. The six of us propose this: that every State be given the right to choose their path forward. If you are a blue State, you can continue with the status quo; you just have to reimpose penalties and mandates. If you are a red State, you can go in a different direction where folks in your State get a tax credit, again, sufficient for the premiums. Not everybody will be eligible--typically, lower income folks--and this credit can only be used for health insurance or healthcare. If you do nothing, you end up with a health savings account, prefunded. You have first-dollar coverage.
If you have to take your daughter to the urgent care center--instead of an ObamaCare $6,000 deductible, when your daughter has her earache, you have first-dollar coverage to pay that $150 to get your child seen and to buy the antibiotics. If the mother instead wishes to pool her family's health savings accounts together, their tax credits together, she could buy a richer family policy or she could assign it to her employer as the employee's contribution on employer-sponsored insurance. The patient has the power.
I should say, in my medical practice, I found that if the patient has the power, the system lines up to serve the patient.
By the way, just a rule of thumb: If you ever go to a hospital that delivers babies and you walk in, it is clear who has the power. The walls are painted mauve or powder blue or pink. There is a concierge to park your car because women don't like to walk in parking lots at night. And if you are pregnant, you really don't want to walk at all, so someone parks your car for you. There is a coffee shop as you walk in, and a floral shop. It is all a therapeutic experience that addresses not just the physical need but the emotional and psychological need, and that is because that system is lining up to serve her, that patient. The Patient Freedom Act incorporates that.
By the way, we also have a third option. If a State doesn't want to have anything to do with this, the State can say: Take a hike; we don't want you. But generally, States have three options, and that recognizes a conservative principle that States should have the right to do what they want to do and what works best for the State. But we do require the patient have the power.
Now, I will be frank. I am not sure we are going to pass meaningful reform as good as it could be with only the Republican side of the Senate. So aside from asking my Senators to join with me and my Republican Senators to promote something that fulfills President Trump's pledge, I ask my Democratic colleagues to look beyond partisanship and to say: Wait a second; wouldn't it be good if a blue State could do a blue thing and a red State could do a different plan for themselves? Wouldn't it be good if President Trump, in his contract with voters, said: Eliminate mandates but also lower premiums, which are so much of a problem for so many Americans now, while at the same time covering and caring for those with preexisting conditions.
I ask my Democratic colleagues to move beyond partisanship--or perhaps they are not liking the results of the election--and into a spirit of cooperation that puts patient before party. We don't need a red plan or a blue plan, a Democratic plan or Republican plan. We need an American plan.
I will finish by saying this. There is another way to lower premiums, and that is to give lousy coverage. I coined the phrase, and I didn't realize it would become so instantaneously recognized, but we should also have the Jimmy Kimmel test. I think people understand that Mr. Kimmel's child was born, and instead of being a celebration as a new life emerges into the world, all of a sudden it quickly became that the child was blue and would die. The whole medical staff comes in, recognizing that the child has a rare cardiac condition that, if not immediately operated on, would be fatal. The child was transferred, and after several surgeries already in its first week of life, apparently, is doing well.
I raise that because, again, we can lower premiums by having lousy coverage. But whatever we do to lower premiums, it should pass what I call the Jimmy Kimmel test, which is that someone you love has adequate coverage for the care he or she needs when they need it. In that way, I think we can be fiscally responsible, and we can help someone like my family or the man I talked to yesterday, paying $20,000, $30,000, $40,000 for their insurance. We have to do something about
that and at the same time fulfill the rest of President Trump's contract with the voters which is to care for those with preexisting conditions, to continue coverage, and to eliminate mandates.
I suggest the absence of a quorum.