Mr. President, I would like to speak on the nomination. Mr. President, I am glad to have this opportunity to come to the floor of this great body to talk about issues that are of great concern to the people of Ohio whom I represent and to…
Mr. President, I would like to speak on the nomination.
Mr. President, I am glad to have this opportunity to come to the floor of this great body to talk about issues that are of great concern to the people of Ohio whom I represent and to the country. We are facing a lot of challenges right now. Certainly health care costs are on the rise, as we have seen, but jobs are also hard to come by.
There is a middle-class squeeze going on out there where paychecks are down and health care costs are up, and belief in the American dream, as a result, is on the decline. Some say for the first time since polling has begun people think that future generations are not going to be as well off as we are. This is sad, and there is work we can and should do to address this.
It starts with dealing with some of the gridlock in Washington and getting some things done. One of my concerns about what the majority has done in terms of taking away the rights of the minority to be heard on nominations is creating a very tough environment to break through that gridlock and get things done.
I think about the judiciary. Today we are talking about a court judge who is up for a nomination and the question is whether she is going to be confirmed. Right now, under the current rules that exist, Republicans have no voice, in essence, because the 50 votes from Democrats--and there are 55 Democrats--can put up a judge and get the votes and put anybody through they want.
Under the system that has prevailed in this body for decades, and one consistent with the intention of the Founders, you have to get 60 votes. In other words, the minority would have some voice, and specifically Republicans, in that there are 45 of us and we would have to supply about 5 votes. That makes a big difference in terms of the kinds of judges who are nominated and ultimately confirmed.
There has been a lot of discussion about what is going on here on the floor in terms of ending the ability of the minority to have their voice heard. I think we also need to focus a little on what impact this will have on the judiciary.
When someone is appointed to the DC Circuit Court--somebody was recently confirmed yesterday and the day before for that body--these are lifetime appointments. Instead of having to go through a process where you have to figure out how to get some Members of the other party to support you, right now--under the new rules that were done by breaking the rules, and again, inconsistent with the intent of the Founders who allowed their voices to be heard--they don't have to get the minority. They can do it with just 50 votes. Again, with 55 Democrats, there is no need to consult with Republicans or to get any support. In fact, they can allow five Democrats to vote the other way.
I worry this will polarize the judiciary. I think we are polarized enough in this place. I think Washington is becoming dysfunctional for a lot of reasons, but one is this increased polarization. Now to have this rule change only creates a difficult environment to get work done, but it will also put judges on the judiciary with lifetime appointments; these judges who, frankly, are more liberal under the Democrats and more conservative under the Republicans than they would otherwise be.
In States such as mine where there is a Republican Senator and a Democratic Senator, we work together to try to put judges forward. Democrats realize in the majority they have now, they have to get some Republican support, so they work with us. You tend to get center-left judges nominated and confirmed right now.
Again, under the new rules that Leader Reid and the Democrats have insisted on, that will not be required. Why would you have to consult and work with your counterpart in your State or Republicans on the other side of the Chamber?
When there are 50 votes, you can put forward any judge you want. I do think this will result in judges who are not center left but left and not center right but right. This will polarize the judiciary more, and that concerns me.
I hope, as we are thinking about how we deal with our own procedures--and I know this is an issue that has been debated a lot in the last few weeks because of the decision the Democratic leadership made to take away this right--we also think about what impact this will have on the judiciary. Do we want a more polarized judiciary where some of these ideological differences make it difficult for them to operate just as it makes it difficult for the Congress to operate? I don't think so.
I don't think that is what the American people want, and I know it is not
what the Founders intended when they gave the minority a voice in this body, and I hope we can get back to a regular order where we have a limitation on amendments that is reasonable with reasonable time limits so we can get our work done.
Let's allow amendments to be offered. Let's allow the voices to be heard. Let's allow--in the case of these nominations--input from the other side.
I am very concerned about where this is headed. The logical extension of what the Democrats have done, of course, is to extend this to legislation as well, which I think creates more of a problem than we have already in terms of legislation being passed here that is not reflective of the will of the people, that is not subject to the checks and balances we would have under a rule where we have to get 60, not 50, votes in order to pass legislation.
A prime example is ObamaCare. Let's be honest. The reason it got through the Senate was because a special provision was used called reconciliation, which is supposed to be used for budget matters, revenues, and spending.
I believe that was an inappropriate use of reconciliation as do many other observers who are objective observers and have followed this place for a long time.
ObamaCare was pushed through, not with 60 votes--because after the election of Scott Brown in Massachusetts, they didn't have 60 votes to get ObamaCare through because not a single Republican would support it because Republicans supported an alternative plan. So without a single Republican supporting it, Democrats chose to ram it through with 50 votes. That is all they needed because they used this so-called reconciliation provision that, again, is supposed to be for budget issues, not health care.
I think the results are now plain to see. We have law in place that is affecting my constituents and affecting the constituents of every Senator, that has very negative consequences. Did we need to do something to reform the health care system? Yes. Was the status quo acceptable? No. Is it acceptable now? No.
There are smart reforms to reduce costs, smart reforms add more choice, to allow markets to work better in health care, to not only provide for better quality and better choice but also lower costs. Those were not pursued. We still have the opportunity now to do that.
I talked earlier about the fact that health care is a big concern to the American people. It certainly is among my constituents in Ohio. We do a tele-townhall meeting periodically. We had a couple of them last month where I will get maybe 25,000 Ohioans on the phone at any one time and talk to them about the issues of the day and hear their questions and concerns.
During the tele-townhall meeting, we ask a poll question, such as what is the most important issue you think is facing the country? We ask whether it is national security and terrorism, energy policy and costs at the pump, health care and health care costs, jobs and the economy, or some other issue.
It is interesting in that every single tele-townhall meeting I have had over the past few years has always been that jobs and the economy is the No. 1 issue. Again, there may be 25,000 people at any one time. When we asked the poll question, that has been the No. 1 question. Usually the No. 2 issue is debt and deficit and spending.
The last two tele-townhalls we did last month--guess what the No. 1 issue was. It was not jobs and the economy or debt and deficit. It was about health care because people are so concerned about what ObamaCare is doing to them and their families.
I will let them speak for themselves. Some of us were on the floor a few weeks ago talking about this, but since that time I have received a lot of stories from people I represent.
Here is one from Susan from Batavia which is in Clermont County in southern Ohio. She says:
I am a single mom. I pay for my own health insurance. I am
active and fit. I have cycled over 4,000 miles this year. I
am seldom sick. In the 3 years I have paid for my own
insurance, I went to the doctor once for illness. My rate was
$146 a month. In September I received a letter from Anthem
saying that my plan does not meet the requirements of the
Affordable Care Act and will be discontinued as of January 1,
2014. I was offered the same coverage I had--not for $146 a
month but for $350 a month.
To Susan from Batavia, thanks for your story and letting us know what is happening and how this is affecting you as a single mom who is taking care of herself, doing the right things, and had a plan that worked for her and was told, no, the government knows best. You can't have your plan. Here is the plan you have to have, and in order to have comparable coverage we are going to raise your rates by over double.
This is from Mike from Westlake in northeast Ohio. Mike says:
I own a small business. Our health insurance rates for
single employees under 30 went from $198 per month last year
to $650 per month this year. That is a 260-percent increase
thanks to ObamaCare. This bill is going to put small
businesses out of business.
Here is one from William from Columbus, OH:
We were paying $540 per month but received a letter from
Anthem stating that the rates would increase to $662 per
month beginning September 2013 and then $1,014 per month in
September 2014 as a result of the requirements per ObamaCare.
If that wasn't bad enough, our family doctor of 25 years
informed us that he will end his practice on January 1,
2014. The reason being is the government requirements of
ObamaCare just made it too difficult to continue.
That is William from Columbus, talking about an issue of price, obviously, going from $540 a month to $1,014 per month. But it is also about choice because his doctor is stepping out because of ObamaCare.
Rachel from Solon says:
My family owns a small business. We were notified that our
current health care plan is substandard at $860 per month. To
comply, we now must pay $1,880 a month. This is beyond
outrageous.
That is what Rachel says. I agree with her: $860 to $1,880 per month--more than double--in order for her to have health care as a small business owner for her and her husband.
Jon from Dublin:
We currently have a high-deductible plan from Anthem and
pay $331 per month. We are perfectly happy with our plan. It
provides wellness visits for free, which is what we really
need, and then catastrophic coverage in case of something
very unpleasant. When I recently reviewed our coverage and
tried to renew it, I asked what an equivalent plan would cost
under the exchange. The quote I received was for $833 per
month.
Remember, he was paying $331 per month. He likes his plan with wellness visits and catastrophic coverage. It goes from $331 per month to $833 per month.
Back to his letter:
The deductible even went up from $11,000 to $12,700.
So this notion that people have to get out of these plans because their deductible is too high--the one that is acceptable based on ObamaCare and this top-down approach is now a higher deductible.
He says:
My family simply cannot afford this plan.
Here is Sarah from Raymond, OH. Sarah writes--and this is painful. These are painful. But Sarah writes:
I am literally crying right now because of our insurance.
My family's new monthly cost starting January 1 is $323.82
biweekly and $647.64 a month, a difference of $420 in what we
currently pay, and the new plan offers less with more out-of-
pocket expenses. The ACA has failed and it is hurting my
family, not helping.
Here is Chuck from West Chester:
I tried to give this health care thing the benefit of the
doubt. I went to the Web site and all the estimates are more
expensive than my canceled policy. My canceled policy was not
only cheaper; it was better, and I don't qualify for any
subsidies. Do I have any choice besides paying more money?
Chuck, I am probably not qualified to give advice, but I will anyway. Your choice is to pay a penalty or pay more. That is what the government is telling you. That is what ObamaCare is telling you.
Cynthia from Canton, OH:
I am a substitute teacher. Recently I received notice that
I was not getting jobs every day like I have been for most of
the past 13 years. I am a good, dependable sub, and I work
for $70 a day before taxes. I contacted the school system and
was told that they are watching any sub to prevent over 30
hours a week because of the Affordable Care Act.
Cynthia's letter to me, unfortunately, is something that I am hearing all over the State of Ohio. It is that people are being told: We need to keep you under 30 hours. She is finding out
as a substitute teacher in Canton, OH, that she can't get the jobs she used to get because they are telling her they want to watch the subs to prevent anybody getting more than 30 hours a week because of the Affordable Care Act. My colleagues probably know this: Under the act, if a person works over 30 hours a week, that person is considered full- time; therefore, the company has to provide the health care insurance that, again, this top-down approach insists on; not the health insurance you may want or your employer may think is appropriate, but the health care insurance that the Affordable Care Act thinks is appropriate. So companies are telling folks, as in the case of this substitute teacher--private and public sector--we need to keep you under 30 hours because we simply can't afford that kind of health care.
Here is Mark from Urbana, OH:
My wife and I are farmers. We have our own private health
insurance, which is not cheap. We just learned that our
insurer is canceling our plan and that the ObamaCare plan
will double our premiums to more than $1,000 per month. My
wife is 55 years old. We do not need maternity coverage or
free birth control or so much other coverage mandated by
ObamaCare. We are modest, middle income people. What we need
in this country is a policy to make health care more
affordable. We can do this if we let Americans determine
their own health care needs and shop for the best and most
affordable care. Why not medical savings accounts for
everyone? They would be privately owned so that no one is
chained to their employer-sponsored plan. Why not require
that health care providers post prices of their services? We
can come up with much better alternatives to ObamaCare.
Please help us.
I agree with him. We can come up with much better alternatives, including letting people save money for their own health care. Why should we want to discourage that? By the way, those HSA savings accounts that Mark is talking about that he would like to see for everyone, those are made less attractive because they take away some of the health care tax benefit.
So we are moving the wrong way. We are moving away from people taking care of their own health needs and encouraging them again to focus on wellness and prevention, understanding that it is their dollar that is at stake and allowing them to build up a little nest egg if they are healthy and if they are able to avoid a health problem, and if they do have a problem, they have coverage, with a high deductible, and they have coverage to take care of it. People should be able to make that decision on their own if that is what is best for them and their family.
Here is Brian from Mentor:
My family's Aetna plan has been canceled due to ObamaCare.
My old plan was $454 per month with a $5,000 per person
deductible. The same deductible policy to buy a new plan is
$1,038 per month--
more than double for Bryan.
Dean from Sandusky:
Ever since I lost my job in 2009, I have been purchasing my
own health insurance. Last month, I received a letter in the
mail stating that my plan is being canceled due to the ACA. I
was told to look at plans on the exchange, which I did, and
found a comparable plan that is over twice the cost of what I
now have. In addition, this is over half of my monthly
pension. I simply cannot afford this.
I have always been a responsible, hard-working, self-
dependent person. Now, because of the actions of our
government, for the first time in my life I will not have
health care coverage. I am 59 years old now and I need this
coverage. I am outraged, to say the least. How can our
government do this to us? I will remember this come election
time.
That is Dean from Sandusky. He lost his job and picked up a plan on the individual market that worked for him. He is now going to have to pay twice as much. He can't afford it. He is not covered. He is on a fixed income. It sounds as though he is going to go without coverage.
By the way, new polling data is out showing that a lot of young people are going to go without coverage. One number is 28 percent of them are; another number is closer to half. I don't know how many. But a lot of young people I talk to say they would rather pay the penalty and take the risk than be covered. That is a problem for them, but it is also a problem for the Affordable Care Act because it is based on those people coming into the system and, frankly, providing the ability for others to get coverage under the risk pools that are set up under ObamaCare.
So the stories I have told are real people facing real problems and they are problems that Washington created for them and their families. They were fine with their coverage. They liked their coverage. I know my colleagues on the other side of the aisle have their own stories about people who are getting coverage and benefiting from it, particularly those with preexisting conditions. I understand that. But these stories really obscure the question we should be debating on the floor. I agree we should cover people with preexisting conditions, and so do most Republicans. The question is how do we do it.
So when Democrats come to the floor and tell me, Rob, you have all of these stories about people who cannot afford health insurance anymore and are having a really hard time on the individual market, but we will tell our stories of folks with preexisting conditions, my answer is that I also believe we ought to cover those people. I don't dispute that. We want to get coverage for more Americans. That is not the question we are debating. The real question is whether ObamaCare, with its mandates, its top-down, centralized controls is the way to accomplish those goals.
If the President and my friends on the other side of the aisle believe that the only way to increase coverage is to make everyone to pay more, to force millions of Americans to give up their insurance, to make people lose their doctors, then they should say that is what their plan is because that is what is happening.
A lack of honesty and transparency, in my view, is one of the great failures of the Affordable Care Act. I believe ObamaCare was sold to the American people under false pretenses. President Obama famously said, ``If you like your health care, you can keep it.'' He said, ``If you like your health care, you can keep it, period.'' But the one thing he could not do then was keep his word. He had to have known it then. All of the information coming out indicates that was knowledge he should have had, yet he kept saying it. What began as a broken Web site and cancellation notices has turned into sticker shock for millions of Americans who are seeing their health care costs soar under ObamaCare. By the way, as I said earlier, these rising costs are not a mistake in ObamaCare; they were intended in ObamaCare. Under ObamaCare, millions of Americans have to pay more for insurance in order for the program to work. The Web site can be fixed. I assume it will be at some point, although they are certainly having a tough time with it. But this basic premise that is the heart of ObamaCare that other people's costs have to go up, and pretty dramatically, cannot be fixed.
The reason goes back to a critical choice made at the beginning of the health care debate. There are different approaches to covering the uninsured, covering those with preexisting conditions. The approach favored by Republicans, at least many Republicans, including me, would create real economic incentives to bring the uninsured into covered access to health care while taking critical steps to reduce the costs of health care. One of the reasons people aren't covered is cost. The best way to lower the number of the uninsured is to make it easier and less expensive for people to get insurance in the first place.
The President chose to take a very different approach. He chose not to focus on the costs, which have gone up; not to focus on providing incentives for people to get coverage, but instead a top-down, centralized approach. He turned to mandates. ObamaCare requires that all Americans purchase insurance. It mandates what type of insurance that coverage includes, and it requires that private insurers accept all comers, including those with preexisting conditions.
Again, we all want to ensure that those with chronic conditions receive health care, but it also changes the way health insurance underwriting works. Normally, insurance works by pooling resources for some future harm. So for those who have preexisting conditions, obviously the harm is already present and their premiums are not going to be able to pay for their care, for the most part. That is why these high-risk pools in States are something I support and others support, providing tax incentives for that. But the offset is these often have astronomical costs. That is how ObamaCare was designed.
So this notion of these costs are going up and we didn't intend that--of course they intended it. It is exactly the way they intended it. ObamaCare needs more money than these policies would provide, so these private plans we talked about earlier--people in the individual market--many of which are high deductibles, low cost, catastrophic plans, many of the people who have these plans are young people who are relatively healthy. These folks were forced to buy insurance they didn't need because ObamaCare needed the money. The plans they had met the needs of those people--met the customers' needs--but, frankly, didn't meet the government's needs. So those plans were regulated out of existence, padded with extra benefits and consumer protections that many of those who chose this policy didn't want, as Mark from Urbana said, and will never use. Sometimes these policies are double or triple, and we have heard cases where they are five, 10 times more.
What we have seen in the individual market is only the beginning. Next year, the same mandates and government outreach that have hit the individual market will come to effect for the employer-based market as well, where the vast majority of us get our health care, through our employer. So at some point 80 million Americans will likely see their health plans canceled or sold and replaced by--when the employer-based market comes under the ObamaCare mandates, which, as we recall, is going to happen about a year from now, because it was put off for a year--that was the delay the President put in effect--we are going to see much more of this.
Again, there is a better way. There is a way to put this partisanship behind us and do this together. We talked earlier about the fact when you cram something through with all votes on one side of the aisle and ignore the other, we tend to get a policy that doesn't work for the American people.
That is exactly what we are seeing here. There is a better way, and we still need to pursue it. Instead of having less choices and higher costs for all Americans, there is a way to put together a plan that actually helps people.
This is something that Republicans and Democrats alike need to focus on. Instead of a top-down, centralized, government-knows-best solution, we need to go to solutions that actually reduce the costs of health care and provide more choice in health care. It can be done.
ObamaCare should be repealed and replaced, in my view, but it should be replaced. The status quo is not acceptable. I think the failures of ObamaCare point the way as to what we should do--reduce the costs. There are steps we could take today; for instance, remove the shackles of government regulations from the market. Let health care insurance and health care be less expensive. Let health care insurance be sold across State lines. That is something you can do with Federal legislation that will provide more competition. It will lower the cost. There are some areas in my State where there are only a couple plans. I am told under ObamaCare, in some States there are only a couple plans. You want to have more competition, not less.
We should give people the ability to get health care on their own. We talked about health savings accounts. We should help create a healthy, vibrant individual health care market by giving people a tax incentive to purchase health insurance comparable to incentives they would receive with employer-provided coverage where there now are tax incentives to provide health care coverage. Let's deal with these frivolous lawsuits. That reduces the costs.
So I appreciate the fact that one of my colleagues has joined me on the floor and is going to continue this discussion. But I wish to go back to where we started. It does not have to be this way. What we are doing in the Senate by taking away the rights of the minority is not going to help us with regard to getting better judges. It did not help us in terms of cramming ObamaCare through with 51 votes rather than the normal 60 that should have been required. It does not help for us to now continue down this track of a government, one-size-fits-all approach to health care. We have heard the stories. We see what is happening and have not even hit most Americans yet because they get coverage from their employer.
Instead, let's work to together. Let's provide more choice. Let's reduce the costs. Let's ensure that everybody has access to health care that works for them and their families. If we do that, the American people might regain a little bit of trust in this institution and in this town.
Madam President, I would like to yield the floor, if I could, for my colleague and your colleague from North Dakota.