Mr. Speaker, I rise in opposition to the motion to recommit and strongly support H.R. 5. Mr. Speaker, 2\1/2\ years ago in this body, we debated the Affordable Care Act, and I remember being part of that debate here on the House floor. Part…
Mr. Speaker, I rise in opposition to the motion to recommit and strongly support H.R. 5.
Mr. Speaker, 2\1/2\ years ago in this body, we debated the Affordable Care Act, and I remember being part of that debate here on the House floor. Part of that debate was to increase access for American citizens and to maintain the physician-patient relationship.
I have a letter here that was signed by 75 of us, both Democrats and Republicans, opposing, in part, because in the House version of the Affordable Care Act the Independent Payment Advisory Board was not there.
This bill is very simple. H.R. 5 is to repeal the Independent Payment Advisory Board and to vote for malpractice reform, a very simple bill, one that should be easy to support. Let's just discuss and see what occurred.
Based on the Independent Payment Advisory Board--most seniors don't
know about this--after the $500 billion has been taken out to pay for a new benefit. The Independent Payment Advisory Board are 15 unelected bureaucrats, appointed by the President and approved by the Senate to oversee Medicare spending.
Why does this bring angst to a physician? I practiced medicine for 31 years in Tennessee. My concern is I've already seen two examples of this, and this will be the third.
The first is a sustainable growth rate, a formula based on how to pay doctors in Medicare. This was established in 1997. Each year--almost every year since then--the Congress has had the ability to change this because, why? We were afraid if reimbursements to physicians were cut, access to our patients would be denied.
Let's look at what's going on right now.
Two weeks ago in this body, we extended the SGR for 10 months, preventing a 27 percent cut to physicians. Well, as a doctor, what would this mean for me in providing care for my patients? Well, what this would mean is you couldn't afford to see the patients. With IPAB, a formula based on spending, not quality or access, what would happen, I believe, is that this would occur, this 27 percent--at the end of this year, a 31 percent cut, which would be catastrophic for our Medicare patients.
So it's a very simple bill. We don't want Washington-based bureaucrats getting in between the physician-patient relationship. Medical decisions should be made between not an insurance company, and certainly not 15 unelected bureaucrats in Washington. It should be made between a patient, the doctor, and that family.
The second part of this bill, very simply, is medical-legal malpractice reform.
When I began my medical practice in Tennessee, my malpractice premiums were $4,000 a year. When I left 4 years ago to come to Congress, $74,000 a year. During that time, from 1975 until I left to come here, there's basically one insurance company in Tennessee, and over half the premium dollars that were paid during that time went to attorneys, not to the injured party. Less than 40 cents of the malpractice premium dollar in that State have gone to people who have actually been injured. It's a very bad system.
The tort system we have for medical liability now is a very bad system. It needs to be reformed. No one has ever argued about paying actual damages. No one has ever argued about paying medical bills. It's the unintended consequences of this bill that have run the cost up at no value to patients.
I strongly encourage my colleagues to support this bipartisan bill, and I yield back the balance of my time.
Congress of the United States,
Washington, DC, December 17, 2009.
Hon. Nancy Pelosi,
Speaker, House of Representatives, Capitol Building,
Washington, DC.
Dear Madam Speaker: In July, 75 members of the U.S. House
of Representatives wrote to express strong opposition to
proposals, such as the ``Independent Medicare Advisory
Council (IMAC) Act of 2009'' and the ``Medicare Payment
Advisory Commission (MedPAC) Reform Act of 2009'' (H.R. 2718,
S. 1110, S. 1380), that would divest Congress of its
authority for Medicare payment policy and place this
responsibility in an executive branch commission or board.
This letter clearly stated opposition to the inclusion of
these or any other similar proposals in health reform or any
other legislation, but with recent developments, we, the
undersigned members, believe it is imperative to restate our
strong opposition to any proposal or legislation that would
place authority for Medicare payment policy in an unelected,
executive branch commission or board.
Consistent with the July letter, on November 7, 2009, the
House passed the ``Affordable Health Care for America Act''
(H.R. 3962) did not include provisions to create an unelected
Medicare board. Yet, at present, the Senate is considering
the ``Patient Protection and Affordable Care Act of 2009,''
which includes provisions to create an ``Independent Medicare
Advisory Board'' (IMAB) that would effectively end Congress's
authority over Medicare payment policy.
To create an unelected, unaccountable Medicare commission
as envisioned in the Senate's IMAB proposal would end
Congress's ability to shape Medicare to provide the best
policies for beneficiaries in our communities around the
country. Through the legislative process, and from Medicare's
beginning, Members have been able to represent the needs of
their communities by improving benefits for seniors and the
disabled, affecting policies that fill the health care
workforce pipeline, and ensuring that hospitals are equipped
to care for diverse populations across our individual
districts. Such a responsibility is one that is not taken,
nor should be given away, lightly.
These proposals would severely limit Congressional
oversight of the Medicare program, and to place this
authority within the executive branch, without Congressional
oversight or judicial review, would eliminate the
transparency of Congressional hearings and debate. Without
the open and transparent legislative process, Medicare
beneficiaries and the range of providers who care for them
would be greatly limited in their ability to help develop and
implement new policies that improve the health care of our
nation's seniors. An executive branch Medicare board would
also effectively eliminate Congress's ability to work with
the Centers for Medicare and Medicaid Services to create and
implement demonstration and pilot projects designed to
evaluate new and advanced policies such as home care for the
elderly, the patient-centered medical home, new less invasive
surgical procedures, collaborative efforts between hospitals
and physicians, and programs designed to eliminate fraud and
abuse.
The creation of a Medicare board would also effectively
eliminate state and community input into the Medicare
program, removing the ability to develop and implement
policies expressly applicable to different patient
populations. Instead, national policies that would flow from
such a board would ignore the significant differences and
health care needs of states and communities. Geographic and
demographic variances that exist in our nation's health care
system and patient populations would be dangerously
disregarded. Furthermore, all providers in all states would
be required to comply even if these policies were detrimental
to the patients they serve. Such a commission could not only
threaten the ability of Medicare beneficiaries, but of all
Americans, to access the care they need.
Finally, as the people's elected representatives, we much
oppose any proposal to create a board that would surrender
our legislative authority and responsibility for the Medicare
program to unelected, unaccountable officials within the very
same branch of government that is charged with implementing
the Medicare policies that affect so many Americans.
Therefore, we must strongly oppose the creation of IMAB,
IMAC, a reconstituted MedPac or any Medicare board or
commission that would undermine our ability to represent the
needs of the seniors and disabled in our own communities.
Again, we urge you to reject the inclusion of these or any
like proposal in health reform or any other legislation.
Sincerely,
Richard E. Neal; Mary Bono Mack; Patrick J. Tiberi; Phil
Gingrey; Marsha Blackburn; Joe Courtney; Stephen F.
Lynch; Michael C. Burgess; John Lewis; Jerry McNerney;
James P. McGovern; G. K. Butterfield; Bill Cassidy; Jim
McDermott; John W. Olver; Doris O. Matsui; Fortney Pete
Stark; Timothy H. Bishop; Allyson Y. Schwartz; Shelley
Berkley.
David P. Roe; Brett Guthrie; Mike Rogers; Henry C.
``Hank'' Johnson, Jr.; Linda T. Sanchez; Eric J. J.
Massa; Michael E. Capuano; Donna M. Christensen; Susan
A. Davis; Daniel Maffei; Michael M. Honda; Laura
Richardson; John Hall; Sam Farr; John Fleming; Yvette
D. Clarke; Kendrick B. Meek; Alan Grayson; Mike
Thompson; Edward J. Markey.
Eliot L. Engel; Gary L. Ackerman; John F. Tierney;
Edolphus Towns; Carolyn B. Maloney; Nita M. Lowey;
Donald M. Payne; Gregory W. Meeks; Lynn C. Woolsey; Ken
Calvert; Bob Filner; Pete Sessions; Steve Buyer;
Jerrold Nadler; Dana Rohrabacher; Brian P. Bilbray;
Gene Green; Barney Frank; Wm. Lacy Clay; Maurice D.
Hinchey.
William D. Delahunt; Bill Pascrell, Jr.; Steve Kagen;
Steve Israel; Joseph Crowley; Ginny Brown-Waite.