Congressional Record—Senate S12524

S12524 CONGRESSIONAL RECORD — SENATE December 6, 2009 what did they do? They decided to take The ACTING PRESIDENT pro tem- permitted to speak for up to 10 min- the money they need out of Medicare, pore. Without objection, it is so or- utes, with the majority controlling the and that has only made their health dered. first 60 minutes and the Republicans care plan even less popular with the f controlling the next 60 minutes. American people. The Senator from Florida. The Gregg amendment, which we will HEALTH CARE REFORM Mr. NELSON of Florida. Mr. Presi- vote on later this afternoon, will help Mr. DURBIN. Mr. President, Senator dent, I wish to speak on the bill and, in reverse the damage of last week’s REID contacted me earlier today and part, respond to the minority leader. votes. The Gregg amendment says said he was unable to be here for the At the end of the day, why are we stay- Democrats can’t raid Medicare, which opening of the session, and I told him I ing around the clock discussing this is already in serious trouble, in order would be here to open. bill with the intent that we are going to pay for their $2.5 trillion bill. The I would like to say, briefly, in re- to pass the bill? It is simply that we money going out of Medicare’s hospital sponse to the comments that have been cannot continue as we are. We are in a insurance trust fund already exceeds made by the minority leader, Senator system whereby insurance is not solv- its annual income. It is already drying MCCONNELL, who continues to raise the ing the Nation’s health needs. up. By 2017, the hospital insurance question about the future of Medicare, All you have to do is talk to a doctor. trust fund will not be able to pay full that I hope the Senator is sensitive to If they haven’t already pulled their benefits, and that is before our col- the fact that this last week, on Decem- hair out, they are about to, in that leagues get their hands on it. This pro- ber 3, we voted 100 to 0 for the amend- when they want to give a certain treat- gram needs to be fixed, not pillaged to ment offered by Senator BENNET of Col- ment to a patient, they feel like they create another one. orado, which said nothing in the have to negotiate with the insurance So the Gregg amendment prohibits amendments to this act shall result in company. In fact, the insurance com- using money from Medicare to pay for the reduction of guaranteed benefits pany often is dictating to them what any new government programs, for ex- under the Social Security Act provi- treatment and what drugs they can or panding existing programs, or for sub- sions related to Medicare; and we went cannot use or look at the simple little sidies. Instead, it directs that any on to say any savings would be used to cases we hear about. money from Medicare be put back into extend the solvency of the Medicare They are absolutely simple cases but Medicare to strengthen and preserve it trust fund, reduce Medicare premiums end up with catastrophic results be- for future generations so we can keep and other cost sharing for benefits and cause someone is in the middle of a our promises. Frankly, this is common improve or expand guaranteed Medi- treatment for something and then they sense. care benefits and protect access to get a notice that their insurance com- Americans don’t want this bill to Medicare providers. pany is going to cancel them or, per- pass, and they certainly don’t want it We voted 100 to 0, in a bipartisan haps, they have lost their job and they to pass at the expense of the roughly 40 fashion, to make certain we protect the are desperately trying to get health in- million American seniors who depend Medicare Program. That is the way it surance again and an insurance com- on Medicare. The Gregg amendment should be, and that is the way the Sen- pany uses, as an excuse, that they had would keep that from happening. A ate voted. a preexisting condition. It may be a vote for the Gregg amendment is a vote flimsy excuse. I gave the example yes- to keep our promise to seniors. f terday of a reason for denial being We are also going to have a vote RESERVATION OF LEADER TIME something as silly as a skin rash as a today on the Ensign amendment. The preexisting condition and so they can’t The ACTING PRESIDENT pro tem- amendment is simple: It is designed to get health insurance now on their own. pore. Under the previous order, the ensure that injured patients—not their We have a system that is out of con- leadership time is reserved. lawyers—receive the vast majority of trol. any settlement in a medical mal- f We hear a lot about cost out here. We hear a lot about cost. Indeed, if we practice suit. It says that since law- SERVICE MEMBERS HOME don’t do something about the cost of suits should benefit patients, not law- OWNERSHIP TAX ACT OF 2009 yers, lawyers can’t take more than health care, none of our people are one-third of the recovery their clients The ACTING PRESIDENT pro tem- going to be able to afford it. Talk to receive. In other words, the lawyers pore. Under the previous order, the corporate America and the CEOs and can’t take more than one-third of what Senate will resume consideration of listen to them as they describe what the client gets. H.R. 3590, which the clerk will report. the insurance companies are saying to These are responsible limits. More- The legislative clerk read as follows: them and how they are jacking up over, they were written by a Democrat A bill (H.R. 3590) to amend the Internal their rates on their employer-spon- and supported in the past by 21 of our Revenue Code of 1986 to modify the first-time sored group policies. Please, pray that current Democratic colleagues, as well home buyers credit in the cases of members you are not an individual who can’t get of the Armed Forces and certain other Fed- a group policy and you are having to go as the Vice President, and they would eral employees, and for other purposes. drive down costs, which was the origi- out there and try to find an individual Pending: nal purpose of reform. policy because the likelihood is you are The independent Congressional Budg- Reid amendment No. 2786, in the nature of not going to be able to afford it. et Office has said comprehensive liabil- a substitute. So cost is a critical factor. It is a fac- Lincoln amendment No. 2905 (to amend- tor also to the Government because the ity reforms would save the taxpayers ment No. 2786), to modify the limit on exces- more than $50 billion. The Ensign sive remuneration paid by certain health in- U.S. Government cannot afford the amendment is a step in that direction. surance providers to set the limit at the cost of Medicare as it keeps exploding We will offer a better, step-by-step same level as the salary of the President of into the future. We have to bring these reform to end junk lawsuits against the United States. costs under control. When you mix doctors and hospitals later in the con- Ensign amendment No. 2927 (to amendment that in with the horror stories that we sideration of this bill. I am hopeful my No. 2786), relative to limitation on amount of hear of the 46 million people who don’t Democratic colleagues will support it attorney’s contingency fees. have health insurance but who, when again, since so many of them have sup- The ACTING PRESIDENT pro tem- they get sick, end up in the emergency ported it in the past. pore. Under the previous order, the room, we know they are getting that I yield the floor. time until 3:15 p.m. will be for debate care at the most expensive place while The ACTING PRESIDENT pro tem- with respect to amendment No. 2905, the rest of us pay. That is a hidden tax. pore. The Senator from Illinois is rec- offered by the Senator from Arkansas, On average, in this Nation, that hid- ognized. Mrs. LINCOLN; and amendment No. 2927, den tax is $1,000 per family’s health in- Mr. DURBIN. Mr. President, I ask offered by the Senator from Nevada, surance policy. I can tell you, in my unanimous consent to speak as in lead- Mr. ENSIGN, with the time equally di- State of Florida it is even higher. It is er time. vided and controlled, with Senators $1,400. In Florida, a family with a group VerDate Nov 24 2008 01:08 Dec 07, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G06DE6.001 S06DEPT1 smartinez on DSKB9S0YB1PROD with SENATE December 6, 2009 CONGRESSIONAL RECORD — SENATE S12525 insurance policy is paying $1,400 more come back to your $80 billion real fig- of the recovery. If there is no recovery, per year to take care of those folks ure over 10 years. One way to get there there is no fee. Beyond the absence of who do not have insurance but end up is the amendment I offered in the Fi- the fee, the plaintiffs characteris- getting sick, and that bill is paid by ev- nance Committee that was rejected on tically cannot afford the costs of liti- erybody else.

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