March 13, 2003 CONGRESSIONAL RECORD — Extensions of Remarks E453 EXTENSIONS OF REMARKS INTRODUCTION OF THE MILITARY STATE HIGH-RISK POOL DRUG the operation of the program. People who are TRIBUNALS ACT OF 2003 ASSISTANCE PROGRAM ACT enrolled in a risk pool and who take mainte- nance drugs for chronic conditions could save HON. MARK UDALL 40 percent on their prescriptions. HON. ADAM B. SCHIFF OF COLORADO The bill uses the federal government’s pur- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES chasing power to provide discounts to drugs for high-risk pools nationwide. If individuals in IN THE HOUSE OF REPRESENTATIVES Thursday, March 13, 2003 high-risk pools can’t get the drugs they need Mr. UDALL of Colorado. Mr. Speaker, today Thursday, March 13, 2003 to manage their condition, they could end up I am introducing the State High-risk Pool Drug in the emergency room and cost the taxpayers Mr. SCHIFF. Mr. Speaker, today I am intro- Assistance Program Act. The bill provides millions of dollars. If they weren’t covered ducing, with my colleague Mr. FRANK of Mas- much needed relief on prescription drug costs under the risk pool, they would most likely end sachusetts, the Military Tribunals Act of 2003 for those individuals who get health insurance up in Medicaid or uninsured, which would cost to provide congressional authorization for tri- coverage through a qualified state high-risk the taxpayers millions of dollars. Ironically, bunals to try unlawful combatants against the pool insurance program. many consumers in risk pools have conditions While much of the debate on prescription United States in the war on terrorism. that would qualify them for one of the public drugs has focused on older Americans, there As the war on terrorism continues and more programs currently covered under the 340B is another group of Americans who need af- drug discount program. But their income level suspected al Qaeda terrorists are arrested, fordable access to prescription drugs. These is too high for public health programs and too Congress must ensure that justice is delivered people are the 153,000 individuals who get low to afford coverage in the individual market, swiftly and responsibly in order to punish the health care coverage through a state high-risk and that’s only if they aren’t denied coverage terrorists as well as to prevent future attacks. pool insurance program. due to a pre-existing condition. Article 1, Section 8 of the Constitution pro- Thirty states have established high-risk pools for individuals who cannot obtain or af- Some may ask what the federal interest is vides that it is the Congress that has the in this issue. Congress has already deter- power to establish tribunals inferior to the Su- ford health insurance in the individual market. High-risk pools generally cover people who mined that interest by guaranteeing that peo- preme Court. Up until now, however, there have been denied coverage because of a pre- ple have access to high-risk pools through the has been no congressional authorization for existing condition or who have received Health Insurance Portability and Accessibility military tribunals. Efforts to form such tribu- quotes from insurers that are higher than the Act of 1996 and the Trade Act of 2002, both nals, to date, have been performed solely by premiums offered by the risk pools. Their pre- of which are federal laws. Since the federal executive order of the President with clarifying miums range from 124 percent to 200 percent government is requiring high-risk pools to regulations promulgated by the Secretary of of the standard market rates in their state. cover more people, it should make high-risk Defense. For example, a female, non-smoker who pools covered entities under the 340B pro- Some would argue, not implausibly, that de- lives in Adams County in Colorado may pay gram to save taxpayer dollars. spite the clear language of Article 1, Section $850 a month in premiums to obtain coverage The legislation is good for the insurance 8, congressional authorization is not nec- through Cover Colorado, my state’s highrisk market, consumers, employers and states. It is essary; that as Commander-in-Chief, the pool. If this woman takes medications to man- good for the insurance market and for con- President has the authority to regulate the af- age a chronic disease, she will have fewer sumers because high-risk pools stabilize fairs of the military which extends to the adju- dollars to spend on them. I have heard stories health insurance coverage and reduce the dication of unlawful combatants. However, if about people with chronic conditions cutting number of uninsured. their pills in half, choosing between paying for Congress fails to act, any adjudications by It is good for the risk pools because the drugs and paying for food, or forgoing the military tribunal will likely be challenged in savings that they experience from the drug medications altogether. These folks shouldn’t court on the basis that the tribunals were im- discount can be used to provide more afford- be forced to make these choices at all. I think properly constituted. able coverage and better health plans. it’s time for Congress to do something to help The Military Tribunals Act of 2003 estab- state high-risk pools, consumers, employers It is good for consumers because it will give lishes the jurisdiction of these new courts to and state legislatures control the cost of people in high-risk pools access to affordable quickly and efficiently prosecute suspected al healthcare. maintenance medications for chronic condi- Qaeda terrorists who are not U.S. citizens or My bill would add qualified state high-risk tions and keep them out of the emergency lawful residents. The bill preserves the basic pool programs to the list of entities that partici- room. rights of habeus corpus, appeal, and due pate in the Public Health Service’s 340B pric- It is good for employers because if we con- process. Furthermore, this legislation protects ing program, which was created in 1992 to trol the costs of the high-risk programs, it will the confidentiality of sources of information, help safety net providers purchase outpatient keep down the assessments that insurers and protects classified information, and also pro- drugs at discounted rates. The 340B program employers pay to fund the program. tects ordinary citizens from being exposed to has expanded access to care to low-income the dangers of trying these suspects. and vulnerable populations without increasing And it is good for states because if we con- trol the costs of the program, cash-strapped Perhaps of most importance, in the context the financial burden on taxpayers. The pro- gram has saved safety net providers and the states won’t have to find additional funds to of a war without a clear end and against an stabilize the risk pool, and the state’s contribu- enemy without uniform or nation, this bill re- taxpayers hundreds of millions of dollars in outpatient drug costs. We should extend the tion will go a lot further. quires the President to report to Congress on program to include high-risk pools. Mr. Speaker, a small but not insignificant who is detained, for how long, and on what My bill uses the National Association of In- number of people would benefit from my legis- basis. surance Commissioners definition of qualified lation, and it would save millions of dollars in Mr. Speaker, in sum, the Military Tribunals state high-risk pool so that all risk pools would health care costs and uncompensated care. Act of 2003 gives the Commander-in-Chief the be able to participate in the program. It gives This is a prevention bill, a cost savings bill, a power to try unlawful combatants, provides the the Secretary of Health and Human Services pro-business bill and a taxpayer savings bill. I confidence that these judgments will be the power to promulgate regulations to carry look forward to working with my colleagues upheld, establishes clear rules of due process, out the program so that it is run similarly to and all interested parties to pass meaningful and ensures that the hallmarks of our democ- the successful AIDS Drug Assistance Pro- drug assistance legislation for our nation’s racy are not compromised. gram; however it sets minimum regulations for state high-risk pools. ∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. VerDate Jan 31 2003 07:19 Mar 14, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A13MR8.001 E13PT1 E454 CONGRESSIONAL RECORD — Extensions of Remarks March 13, 2003 TRIBUTE TO THE LATE JOHN FOS- happy and well-trained so they could take Foster is survived by his wife, Karen M. TER, SHERIFF OF JOHNSON good care of their community. Foster; five children, Margaret, Diane, Susie, COUNTY, KANSAS ‘‘He loved officers,’’ Fairway Police Chief Jan and Todd; and four granddaughters. Kevin Cavanaugh said. ‘‘He loved what they Instead of flowers, Foster’s family suggests stood for and what they represent. He did ev- donations to a scholarship fund for law-en- HON. DENNIS MOORE erything in his power to teach people and be forcement families that they plan to estab- OF KANSAS an example of how to put their best foot for- lish soon. IN THE HOUSE OF REPRESENTATIVES ward in the best possible way.’’ The family was making funeral plans Foster helped the Sheriff’s Department win Thursday.