S4572 CONGRESSIONAL RECORD — SENATE July 29, 2020 council members and Governors refuse NAYS—46 Hirono Murray Stabenow Jones Peters Tester to condemn the rioting and the cold- Baldwin Hassan Sanders Kaine Reed Udall Bennet Heinrich blooded murder. Schatz King Rosen Blumenthal Hirono Van Hollen Schumer Klobuchar Sanders It is time for local leaders to restore Booker Jones Warner Shaheen Leahy Schatz law and order. It is time to make sure Brown Kaine Warren Sinema Manchin Schumer Cantwell King Whitehouse our communities are safe again. The Smith Menendez Shaheen Cardin Klobuchar Wyden death and destruction lies at the feet of Stabenow Merkley Sinema Carper Leahy Tester Murphy Smith elected Democratic leaders. Each must Casey Manchin Udall Coons Menendez NOT VOTING—2 be held accountable for their leader- Van Hollen Cortez Masto Merkley ship failure. Warner Cruz Markey Duckworth Murphy I yield the floor. Durbin Murray Warren The nomination was confirmed. Whitehouse CLOTURE MOTION Feinstein Peters The PRESIDING OFFICER. Under Wyden Gillibrand Reed the previous order, the motion to re- The PRESIDING OFFICER. Pursuant Harris Rosen to rule XXII, the Chair lays before the consider is considered made and laid NOT VOTING—2 Senate the pending cloture motion, upon the table, and the President will which the clerk will state. Cruz Markey be immediately notified of the Senate’s The senior assistant legislative clerk The PRESIDING OFFICER. The yeas action. read as follows: are 52, the nays are 46. The Senator from Alabama. The motion is agreed to. UNANIMOUS CONSENT REQUEST—S. 585 CLOTURE MOTION Mr. JONES. Mr. President, I rise We, the undersigned Senators, in accord- f today amid what we all know to be a ance with the provisions of rule XXII of the EXECUTIVE CALENDAR global health and economic crisis that Standing Rules of the Senate, do hereby we are in. I rise to propose a solution move to bring to a close debate on the nomi- The PRESIDING OFFICER. The that has been in front of us all along nation of Marvin Kaplan, of Kansas, to be a clerk will report the nomination. from the very beginning. It is a solu- Member of the National Labor Relations The senior assistant legislative clerk tion that has existed for 55 years to- Board for the term of five years expiring Au- read the nomination of Marvin Kaplan, gust 27, 2025. (Reappointment) morrow—55 years. Mitch McConnell, Joni Ernst, John of Kansas, to be a Member of the Na- Medicaid has brought millions of peo- Thune, Cindy Hyde-Smith, Roy Blunt, tional Labor Relations Board for the ple to better healthcare. It has brought John Cornyn, Marsha Blackburn, Deb term of five years expiring August 27, billions of dollars into States. That is Fischer, John Barrasso, Shelley Moore 2025. (Reappointment) important when we have both a Capito, Todd Young, John Boozman, The PRESIDING OFFICER. Under healthcare crisis and an economic cri- Lamar Alexander, David Perdue, Kevin the previous order, all postcloture time Cramer, Tim Scott, Michael B. Enzi. sis, but for 55 years, Medicaid has lifted is expired. the health outcomes of people all The PRESIDING OFFICER. By unan- The question is, Will the Senate ad- across this country and especially in so imous consent, the mandatory quorum vise and consent to the Kaplan nomina- many States that need it—States like call has been waived. tion? Alabama that are poor States, that are The question is, Is it the sense of the Mr. SCOTT of South Carolina. I ask unhealthy States. Senate that debate on the nomination for the yeas and nays. But we can do better. A solution of of Marvin Kaplan, of Kansas, to be a The PRESIDING OFFICER. Is there a Medicaid would bring billions of dollars Member of the National Labor Rela- sufficient second? into my home State of Alabama along tions Board for the term of five years There appears to be a sufficient sec- with about a dozen other States. It expiring August 27, 2025, shall be ond. would create thousands of new jobs. It brought to a close? The clerk will call the roll. would help shore up rural hospitals The yeas and nays are mandatory Mr. THUNE. The following Senator is that are facing financial struggles, a under the rule. necessarily absent: the Senator from condition made worse by this pan- The clerk will call the roll. Texas (Mr. CRUZ). demic. It would provide healthcare cov- The senior assistant legislative clerk Mr. DURBIN. I announce that the erage in Alabama alone to between called the roll. Senator from Massachusetts (Mr. MAR- 300,000 to 400,000 Alabamians who do Mr. THUNE. The following Senator is KEY) is necessarily absent. not have it right now. Some didn’t necessarily absent: the Senator from The PRESIDING OFFICER. Are there have it before this pandemic. Others Texas (Mr. CRUZ). any other Senators in the Chamber de- don’t have it now because they have Mr. DURBIN. I announce that the siring to vote? lost their jobs. They have lost their Senator from Massachusetts (Mr. MAR- The result was announced—yeas 52, employer-sponsored healthcare. KEY) is necessarily absent. nays 46, as follows: Expanding Medicaid would generate The PRESIDING OFFICER (Mr. COT- [Rollcall Vote No. 149 Ex.] $935 billion, with a ‘‘b,’’ in new tax rev- TON). Are there any other Senators in YEAS—52 enue for the State of Alabama. It the Chamber desiring to vote or to Alexander Gardner Portman would help local economies across the change their vote? Barrasso Graham Risch State by creating good jobs and ensur- The yeas and nays resulted—yeas 52, Blackburn Grassley Roberts ing workers and their families have Blunt Hawley Romney good healthcare. nays 46, as follows: Boozman Hoeven Rounds In our rural areas, especially, [Rollcall Vote No. 148 Ex.] Braun Hyde-Smith Rubio Burr Inhofe healthcare is dependent on Federal dol- YEAS—52 Sasse Capito Johnson Scott (FL) lars. Folks, expanding Medicaid was Cassidy Kennedy Alexander Gardner Portman Scott (SC) Collins Lankford the right thing to do before this pan- Barrasso Graham Risch Shelby Blackburn Grassley Cornyn Lee demic and some 37 States or so did just Roberts Sullivan Blunt Hawley Cotton Loeffler that. In fact, two States did that fairly Romney Thune Boozman Hoeven Rounds Cramer McConnell recently. Conservative States of Okla- Crapo McSally Tillis Braun Hyde-Smith Rubio Daines Moran Toomey homa and Nebraska are both in the Burr Inhofe Sasse Enzi Murkowski Wicker process of expanding Medicaid. It was Capito Johnson Scott (FL) Cassidy Kennedy Ernst Paul Young Scott (SC) important before the pandemic, but it Collins Lankford Fischer Perdue Shelby is vital that we do it now. It is abso- Cornyn Lee Sullivan Cotton Loeffler NAYS—46 lutely vital, especially, as so many Cramer McConnell Thune Baldwin Cardin Durbin people have lost their jobs, lost their Crapo McSally Tillis Bennet Carper Feinstein employer-sponsored healthcare Daines Moran Toomey Blumenthal Casey Gillibrand Enzi Murkowski Wicker Booker Coons Harris through no fault of their own. Ernst Paul Young Brown Cortez Masto Hassan Alabama didn’t take that step back Fischer Perdue Cantwell Duckworth Heinrich in 2011 when it should have. Alabama

VerDate Sep 11 2014 06:12 Jul 30, 2020 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.034 S29JYPT1 dlhill on DSK120RN23PROD with SENATE July 29, 2020 CONGRESSIONAL RECORD — SENATE S4573 held back. There is little doubt that important point for the State of Ala- later than other States—that States the main reason—not the sole reason— bama, which is expanded mental health that have expanded their Medicaid Pro- but the main reason that they held coverage. So many places that I have gram to serve more Americans can get back was purely political. The Ala- been to in the State of Alabama are their fair share of Federal matching bama Legislature and the Alabama begging for mental health coverage dollars. Governor refused to legitimize the Af- that they cannot afford in their com- It would also incentivize additional fordable Care Act and put their name munities. Expanding Medicaid would States—like the State of Alabama on anything having to do with it. The do just that. which hasn’t yet expanded Medicaid— people of Alabama—hundreds of thou- Let me be clear. Even without this to expand this critical program to mil- sands—have suffered because of it. bill, I still believe Alabama should lions of more Americans. I can think of That excuse is waning thin today, es- take this step. We literally can’t afford no better time to pass this legislation pecially when so much is needed to pro- not to. We need to be investing in our than right now, when more than 5 mil- vide healthcare to the people of my citizens’ health the same way we invest lion Americans find themselves having State. Just this morning, a new poll in trying to bring businesses into Ala- lost their healthcare coverage in the came out from Auburn University that bama. We need to try to invest in our last 3 months alone. showed that a majority of the people of people’s health because it will lift all In fact, some reports actually esti- Alabama, including a majority of Re- boats. mate that nearly 27 million Americans publicans and a majority of Democrats, If this incentive is what is needed to have lost their employer-sponsored favor expanding Medicaid. Our hos- get us over the finish line, let’s just do health insurance and are now in jeop- pitals and healthcare professionals it. Again, it is not mandated. States ardy of becoming uninsured. have long advocated for this all across don’t have to do it. But for those Our legislation would provide much Alabama. States that do, they will see better needed financial support to States that We did a program just recently. The health outcomes for their citizens and are seeing an increase in Medicaid en- American Hospital Association has better economic advantages in areas rollment as folks face the fallout of been begging for this for years to keep that need it. Millions of Americans in this crisis. For those millions of peo- our hospitals open. They advocated for these remaining States are struggling, ple, the SAME Act would provide a sig- an understanding that without this, and we can no longer allow politics to nificant lifeline. Estimates show that more and more of our hospitals will get in the way of their access to qual- if every State were to expand its Med- have to close their doors. They are ity healthcare. icaid Program, about 3 million addi- working on either thin margins or they I urge my colleagues to please let my tional Americans would have are underwater already, and the pan- State have the chance. Let us have the healthcare coverage. demic has made it worse. More than a opportunity to right the wrong that we I don’t believe this is a political ar- dozen of our hospitals, rural and urban, did in 2011 by refusing to expand. Give gument nor a philosophical exercise. have shuttered while Alabama has re- me that opportunity to go back and try This legislation has a real-world im- fused to expand Medicaid. to convince the folks in Montgomery, pact, and it is clear that Americans Today, we have a chance to save the AL, that this is the right thing to do. want and need this legislation to pass. ones we still have and perhaps even re- It is a commonsense solution. Let’s not As my colleague just mentioned, vive some outpatient services that stand in the way of more Americans there are a number of States—Red have lost their provider. Every preg- getting healthcare amid a global States and Blue States—which have nant mother who has to drive hours for health crisis. taken advantage of this opportunity, a round trip for prenatal appointments I yield the floor. including, just recently, Oklahoma. A or a rural Alabamian who lives 45 miles The PRESIDING OFFICER (Mrs. few weeks ago, Oklahomans went to from the nearest emergency room or BLACKBURN). The Senator from Vir- the polls and voted to expand their the workers who are employed would ginia. Medicaid Program to provide broader benefit from this. Those who still do Mr. WARNER. Madam President, I access to coverage. We have seen simi- not have good healthcare and have to want to thank the Senator from Ala- lar actions from citizens in Utah, take their children to an emergency bama for his partnership on the SAME Maine, Idaho, and others. Across our room for routine healthcare, it is for Act. I am going to repeat some of the Nation, Americans are making it clear those people that I am committed to same arguments he made because I that they want expanded access to finding a way to expand Medicaid. think they are quite compelling. healthcare coverage, and I believe Con- Today, I stand with my colleague We are talking about healthcare, gress needs to listen. Senator WARNER from Virginia to once which is an issue that is weighing on With all due respect to my Repub- again call for the passage of our pro- too many American families at this lican colleagues, you can’t say you posal to incentivize States to expand point—and not just healthcare but ac- want to help Americans in this dev- Medicaid. Our bill, the SAME Act, cess to healthcare coverage. I think we astating time and simultaneously op- States Achieving Medicaid Expansion would all agree that regardless of what pose this bill, which would actually Act, would restore the financial incen- we feel about this issue, we are in the provide that help. tives for States that expanded late and midst of the greatest public healthcare As we stand here in this Chamber, we would give them the same fair shot at crisis in generations. In this unprece- have the privilege of knowing that we Federal support as the early expanding dented time, I think it calls for unprec- and our families have access to the States. edented action from Congress. healthcare coverage we need so that, if The legislation would have the Fed- Today, in a couple of moments, I am something were to go wrong, we would eral Government cover 100 percent of going to ask that this Senate take up be covered. So why shouldn’t we ensure the costs for the first 3 years, then and unanimously pass legislation I in- the same access for more Americans? would scale back to eventually cover 90 troduced along with Senator JONES The median cost of a hospitalization percent in perpetuity. from Alabama and several of my col- due to COVID–19 is $14,000. For Ameri- I want to make sure folks understand leagues—legislation that could provide cans without health insurance—the this bill does not mandate an expan- access to quality and affordable nearly 30 million and growing—that sion of Medicaid; it still gives States healthcare coverage for millions of could mean losing their homes or their the choice. If the 13 or 14 States, in- Americans. To be clear, the SAME Act cars. For many, it could put them into cluding Alabama, choose not to expand is the bill I have been pushing for more bankruptcy. Medicaid, even with a second bite of than 3 years. This bill was a good idea Now, I know that my colleagues on the apple, then they don’t have to. before the pandemic, but the need for it the other side of the aisle want to do Shame on them for not doing so, but has become even greater in light of the right by their constituents and the they don’t have to do it. More impor- COVID–19 outbreak. millions of other Americans who need tantly, if they were to do that, thou- The SAME Act would ensure that help. So I ask us to come together sands of people would get this States like Virginia—and we did pass today to support the SAME Act. No healthcare coverage, including a very Medicaid expansion, but we passed it one should go bankrupt because one

VerDate Sep 11 2014 06:12 Jul 30, 2020 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.038 S29JYPT1 dlhill on DSK120RN23PROD with SENATE S4574 CONGRESSIONAL RECORD — SENATE July 29, 2020 got sick and sought medical care, but Instead of pursuing a partisan bail- fits, like mental health coverage, sub- more importantly, no one should go out of a select number of States, I want stance use disorder, or maternity care. bankrupt when this legislative body to use this opportunity to propose a I don’t believe we can go back to the has the opportunity to act. commonsense solution that would use days when a certain number of compa- As if in legislative session, I ask bipartisan principles to help every sin- nies held all the power and consumers unanimous consent that the Com- gle American in this country. Though were routinely denied access to mittee on Finance be discharged from ObamaCare was a failure, I support healthcare. I do believe the SAME further consideration of S. 585, the protecting people with preexisting con- Act—again, sponsored by my good States Achieve Medicaid Expansion ditions and ensuring that young adults friend, the Senator from Alabama— Act; that the bill be considered read a can stay on their parents’ health plans would simply continue to extend the third time and passed; and that the until age 26. I think my colleagues right to have the same level of Federal motion to reconsider be considered would also support these principles. subsidies for all States. We are seeing made and laid upon the table with no I have been working with Senator voters across the country, as they have intervening action or debate. TILLIS on the PROTECT Act, which a chance to weigh in on this, agree to The PRESIDING OFFICER. Is there would directly assist Americans by, this principle, which is that those same objection? one, guaranteeing coverage for pre- rights ought to be extended to States The Senator from Florida. existing conditions and prohibiting in- like Alabama, which has chosen not to Mr. SCOTT of Florida. Madam Presi- surance companies from excluding cov- move forward, and to States like Vir- dent, in reserving the right to object, I erage of treatment for a patient’s pre- ginia, which has moved forward but a appreciate we all want to help Ameri- existing condition; two, prohibiting in- little bit late. I still strongly believe cans get the healthcare they need, but surance companies from charging that the SAME Act, which would what my colleagues are proposing is a Americans higher premiums due to equalize and level the playing field, is Federal bailout that will help a handful their preexisting conditions; and, the appropriate action. of States but do little to directly help three, guaranteeing the availability of Respectfully, I object to the unani- patients. That is not fair to Americans health insurance coverage in the em- mous consent request of the Senator across the Nation who need better ac- ployer or individual market regardless from Florida to pass this bill. cess to affordable healthcare. of one’s preexisting condition. My The PRESIDING OFFICER. Objec- We have seen that a government amendment builds on the PROTECT tion is heard. takeover of healthcare does not work. Act and adds protections to allow Is there an objection to the original ObamaCare was sold on a lie, plain and young adults to stay on their parents’ request? simple. Let’s remember, when health insurance plans until they are The Senator from Florida. ObamaCare passed, they promised it 26. Mr. SCOTT of Florida. Madam Presi- would save $2,500 per family. Not true. We could pass this amendment, dent, in reserving the right to object, Costs and premiums went up. They which I believe has bipartisan support, first of all, I thank my colleagues, and promised that you could keep your doc- and ensure that every American with a I hope to work with them to figure out tor. Not true. Provider networks got preexisting condition is protected no how we can drive healthcare costs narrower, and people lost their doctors. matter how the Supreme Court rules down because, as we know in all of our They promised, if you liked your plan, on ObamaCare. States, healthcare costs are too high, you could keep it. Again, this was not The American people and, certainly, and as my colleagues have said, we true. The promise of ObamaCare didn’t the people of Florida, Virginia, and have people who are being impacted be- happen. Actually, the opposite hap- Alabama want us to get something cause they can’t afford the cost of pened. Under ObamaCare, costs sky- done that would actually reduce healthcare. rocketed, and families lost the doctors healthcare costs and increase access to I am clearly disappointed. My col- they liked. care. That is what my proposal does. leagues don’t want to protect those The American people don’t want Protecting Americans with preexisting with preexisting conditions and ensure more lies. Actually, they want more conditions is a commonsense step we that young adults can stay on their solutions. The solution is not to create can and should take today to lower the parents’ plans until age 26 if more inequity in the system. What we costs of healthcare for all Americans. I ObamaCare is actually ruled unconsti- need is to take concrete steps to make hope my colleagues will join me in sup- tutional by the Supreme Court. Wheth- sure we help all families across the Na- porting these bipartisan healthcare re- er by figuring out how to bring drug tion actually get the healthcare they forms. prices down or just the whole cost of need. My colleague’s bill does nothing Therefore, I ask the Senator to mod- healthcare, I hope that we can figure to help patients. States will make their ify his request to include my substitute out how to work together because the own decisions on Medicaid. Giving cer- amendment, which is at the desk; that costs shouldn’t be this high. tain States free Medicaid is nothing it be considered and agreed to; that the Therefore, respectfully, I object. more than a bailout for State budgets. bill, as amended, be considered read a The PRESIDING OFFICER. Objec- In June, I wrote to all 50 Governors third time and passed; and that the tion is heard. and requested information on how motion to reconsider be considered Mr. WARNER. I yield the floor. their States have allocated the tril- made and laid upon the table with no I suggest the absence of a quorum. lions of dollars in taxpayer funding intervening action or debate. The PRESIDING OFFICER. The from the Federal coronavirus response The PRESIDING OFFICER. Does the clerk will call the roll. measures that had been passed by Con- Senator so modify his request? The senior assistant legislative clerk gress. Unfortunately, a majority of the Mr. WARNER. Madam President, in proceeded to call the roll. States simply chose not to respond, in- reserving the right to object, I have Mr. RUBIO. Madam President, I ask cluding Virginia and Alabama. great respect for my friend, the Sen- unanimous consent that the order for The Federal Government already al- ator from Florida. I know he has a long the quorum call be rescinded. located $1 trillion to States and local and deep background in healthcare, but The PRESIDING OFFICER. Without governments to respond to the I have some news. The Affordable Care objection, it is so ordered. coronavirus, but these States are refus- Act already provides strong protec- CLOTURE MOTION ing to tell us how they are spending tions for millions of Americans with The PRESIDING OFFICER. Pursuant these extra funds, including the esti- preexisting conditions. to rule XXII, the Chair lays before the mated extra $50 billion in Federal Med- I believe, unfortunately, the legisla- Senate the pending cloture motion, icaid dollars they received in the Fami- tion my colleague is proposing would which the clerk will state. lies First Act. Since the Families First allow insurance companies to, once The senior assistant legislative clerk Act has passed, Medicaid costs have ac- again, impose arbitrary annual and read as follows: tually gone down, but the States don’t lifetime cap limits on care, and it CLOTURE MOTION want to tell us that because they sim- would allow insurance companies to We, the undersigned Senators, in accord- ply want bailouts. refuse to cover essential health bene- ance with the provisions of rule XXII of the

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