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Consideration of H.R. 1425, Patient Protection and Affordable Care Enhancement Act — Congressional Record

Summary

A page of the Congressional Record, House, dated June 29, 2020, beginning at page H2599. One-minute remarks urge help for independent restaurants under the RESTAURANTS Act, H.R. 7197, which would establish a $120 billion fund, and urge passage of the Patient Protection and Affordable Care Enhancement Act while Texas hospitals are overwhelmed, and Mr. Olson memorializes Mayor Leonard Scarcella of Stafford, Texas. Mr. Pallone, pursuant to House Resolution 1017, calls up H.R. 1425, the State Health Care Premium Reduction Act. The page then prints the bill's table of contents and opening text, including a premium assistance table that runs from 0.0 percent to 8.5 percent and a section establishing a Health Insurance Affordability Fund.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“Consideration of H.R. 1425, Patient Protection and Affordable Care Enhancement Act — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-29-crec-2020-06-29-pt1-pgh2599-3-d12a0616df/, SHA-256 ac4a848c7026181b8e5d3038d71f3645162c78d4bd9d7885d3b69368830257b7.

Full text

                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                       H2599
                                              Madam Speaker, over 500,000 inde-                     130,000 Americans and is ravaging my                   Sec. 103. Expanding affordability for working
                                            pendent restaurants with 11 million                     home State of Texas and has left our                                  families to fix the family glitch.
                                            employees are going to face cata-                       hospitals overwhelmed right now, it is                 Sec. 104. Tax credit reconciliation protections
                                            strophic consequences this year. In                     now more important that we do every-                                  for individuals receiving social se-
                                                                                                                                                                          curity lump-sum payments.
                                            April alone, one-half of the unem-                      thing that we can to strengthen the
                                                                                                                                                           Sec. 105. Preserving State option to implement
                                            ployed, 5.5 million people, were from                   ACA. This important legislation has al-                               health care Marketplaces.
                                            the independent restaurants area.                       ready given access to millions of people               Sec. 106. Establishing a Health Insurance Af-
                                            Without special, tailored Federal help,                 that now have lifesaving healthcare,                                  fordability Fund.
                                            we are going to see 85 percent of them                  many who could not previously access                   Sec. 107. Rescinding the short-term limited du-
                                            disappear for good.                                     it.                                                                   ration insurance regulation.
                                              Madam Speaker, I am pleased to                          Madam Speaker, this legislation that                 Sec. 108. Revoking section 1332 guidance.
                                            have introduced, on a bipartisan basis,                 I am working on now pushes critical                    Sec. 109. Requiring Marketplace outreach, edu-
                                            the RESTAURANTS Act, H.R. 7197,                         provisions, like lowering healthcare                                  cational activities, and annual
                                            which would establish a $120 billion                    costs, strengthening protections for                                  enrollment targets.
                                            fund tailored to provide assistance for                 people with preexisting conditions, ne-                Sec. 110. Report on effects of website mainte-
                                                                                                    gotiating for lower prescription drug                                 nance during open enrollment.
                                            independent restaurants.
                                                                                                    prices, and expanding healthcare by                    Sec. 111. Promoting consumer outreach and
                                              I strongly urge my colleagues to talk                                                                                       education.
                                            to their independent restaurants, the                   pressing for Medicaid expansion.
                                                                                                                                                           Sec. 112. Improving transparency and account-
                                            cornerstone of a vital community. If                      Madam Speaker, let me tell you                                      ability in the Marketplace.
                                            we act now, we can save them yet this                   something: You don’t want to get sick                  Sec. 113. Improving awareness of health cov-
                                            year, a vital element in each and every                 in Texas right now. You don’t want to                                 erage options.
                                            one of our communities.                                 get sick in Texas right now. Our hos-                  Sec. 114. Promoting State innovations to ex-
                                              Madam Speaker, the H.R. 7197, the                     pitals are overwhelmed because of the                                 pand coverage.
                                            RESTAURANTS Act, will provide mas-                      inaction of our Governor. It is shame-                 Sec. 115. Strengthening network adequacy.
                                            sive support at a time when it is need-                 ful.                                                   Sec. 116. Protecting consumers from unreason-
                                            ed.                                                       Anything that we can do here to help                                able rate hikes.
                                                             f
                                                                                                    the crisis that we have back in our                    Sec. 117. Eligibility of DACA recipients for
                                                                                                    State, which is also about to grip other                              qualified health plans offered
                                            MEMORIALIZING MAYOR LEONARD                             States in this Nation, we need to act                                 through Exchanges.
                                                          SCARCELLA                                 on it now.                                             TITLE II—ENCOURAGING MEDICAID EX-
                                              (Mr. OLSON asked and was given per-                     Time cannot wait.                                      PANSION AND STRENGTHENING THE
                                                                                                                                                             MEDICAID PROGRAM
                                            mission to address the House for 1                                        f
                                            minute and to revise and extend his re-                                                                        Sec. 201. Incentivizing Medicaid expansion.
                                                                                                      STATE HEALTH CARE PREMIUM                            Sec. 202. Providing 12-months of continuous eli-
                                            marks.)                                                            REDUCTION ACT                                             gibility for Medicaid and CHIP.
                                              Mr. OLSON. Madam Speaker, the
                                                                                                      Mr. PALLONE. Madam Speaker, pur-                     Sec. 203. Mandatory 12-months of postpartum
                                            city of Stafford, Fort Bend County, the                                                                                      Medicaid eligibility.
                                                                                                    suant to House Resolution 1017, I call
                                            State of Texas, and all of America lost                                                                        Sec. 204. Reducing the administrative FMAP
                                                                                                    up the bill (H.R. 1425) to amend the Pa-
                                            a great man Sunday: Mayor Leonard                                                                                            for nonexpansion States.
                                                                                                    tient Protection and Affordable Care
                                            Scarcella.                                                                                                     Sec. 205. Enhanced reporting requirements for
                                                                                                    Act to provide for a Improve Health In-
                                              He was a true Texas force of nature.                                                                                       nonexpansion states.
                                                                                                    surance Affordability Fund to provide
                                            He listened to all, regardless of what                                                                         Sec. 206. Primary care pay increase.
                                                                                                    for certain reinsurance payments to
                                            country you came from or where you                                                                             Sec. 207. Permanent funding for CHIP.
                                                                                                    lower premiums in the individual
                                            worshipped. His life was about making                                                                          Sec. 208. Permanent extension of CHIP enroll-
                                                                                                    health insurance market, and ask for                                 ment and quality measures.
                                            all human life better.
                                                                                                    its immediate consideration.                           Sec. 209. State option to increase children’s eli-
                                              Madam Speaker, for 51 years as
                                                                                                      The Clerk read the title of the bill.                              gibility for Medicaid and CHIP.
                                            mayor, he did just that. He helped                        The SPEAKER pro tempore. Pursu-
                                            bring Texas Instruments to Stafford in                                                                         Sec. 210. Medicaid coverage for citizens of Free-
                                                                                                    ant to House Resolution 1017, in lieu of                             ly Associated States.
                                            1967, opening the door to Fort Bend to                  the amendment in the nature of a sub-                  Sec. 211. Extension of full Federal medical as-
                                            attract corporate America.                              stitute recommended by the Com-                                      sistance percentage to Indian
                                              Not happy with the public education                   mittee on Energy and Commerce print-                                 health care providers.
                                            in Stafford, he fought for the only city-               ed in the bill, an amendment in the na-                  TITLE III—LOWERING PRICES THROUGH
                                            run school board in Texas.                              ture of a substitute consisting of the                      FAIR DRUG PRICE NEGOTIATION
                                              Tired of people going to the big city                 text of the Rules Committee Print 116–                 Sec. 301. Establishing a Fair Drug Pricing Pro-
                                            of Houston for concerts and conven-                     56, modified by the amendment printed                                gram.
                                            tions, Leonard opened the Stafford                      in part B of House Report 116–436, is                  Sec. 302. Drug manufacturer excise tax for non-
                                            Centre in 2004.                                         adopted, and the bill, as amended, is                                compliance.
                                              He proudly governed without one                       considered read.                                       Sec. 303. Fair Price Negotiation Implementation
                                            penny of property tax.                                    The text of the bill, as amended, is as                            Fund.
                                              It was Leonard who brought the stun-                  follows:                                               TITLE IV—PUBLIC HEALTH INVESTMENTS
                                            ning 30,000-piece BAPS Hindu Temple                                         H.R. 1425                          Sec. 401. Supporting increased innovation.
                                            to Stafford in 2004.                                      Be it enacted by the Senate and House of Rep-        TITLE I—LOWERING HEALTH CARE COSTS
                                              Madam Speaker, to close, nearly 1                     resentatives of the United States of America in          AND PROTECTING PEOPLE WITH PRE-
                                            million Texans in Fort Bend County                      Congress assembled,                                      EXISTING CONDITIONS
                                            are mourning now. I join them. God                      SECTION 1. SHORT TITLE.
                                                                                                                                                           SEC. 101. IMPROVING AFFORDABILITY BY EX-
                                            bless Mayor Leonard Scarcella.                            This Act may be cited as the ‘‘Patient Protec-                  PANDING  PREMIUM   ASSISTANCE
                                                             f                                      tion and Affordable Care Enhancement Act’’.                       FOR CONSUMERS.
                                                                                                    SEC. 2. TABLE OF CONTENTS.                               (a) IN GENERAL.—Section 36B(b)(3)(A) of the
                                                   STRENGTHEN THE ACA                                 The table of contents for this Act is as follows:    Internal Revenue Code of 1986 is amended to
                                              (Mr. VEASEY asked and was given                       Sec. 1. Short title.                                   read as follows:
                                            permission to address the House for 1                   Sec. 2. Table of contents.                               ‘‘(A) APPLICABLE PERCENTAGE.—The applica-
                                            minute.)                                                TITLE I—LOWERING HEALTH CARE COSTS                     ble percentage for any taxable year shall be the
                                                                                                      AND PROTECTING PEOPLE WITH PRE-                      percentage such that the applicable percentage
                                              Mr. VEASEY. Madam Speaker, I rise




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                                                                                                      EXISTING CONDITIONS                                  for any taxpayer whose household income is
                                            today to ask my colleagues to pass the
                                                                                                    Sec. 101. Improving affordability by expanding         within an income tier specified in the following
                                            Patient Protection and Affordable Care                                 premium assistance for consumers.       table shall increase, on a sliding scale in a lin-
                                            Enhancement Act.                                        Sec. 102. Improving affordability by reducing          ear manner, from the initial premium percentage
                                              Because we are in the middle of a                                    out-of-pocket and premium costs         to the final premium percentage specified in
                                            global pandemic that has killed almost                                 for consumers.                          such table for such income tier:




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                                            H2600                                                                     CONGRESSIONAL RECORD — HOUSE                                                                                                              June 29, 2020
                                                                                                                              ‘‘In the case of household                                                                                                     The initial     The final
                                                                                                                                 income (expressed as                                                                                                         premium        premium
                                                                                                                              a percent of poverty line)                                                                                                     percentage     percentage
                                                                                                                           within the following income tier:                                                                                                    is—            is—

                                            Up to 150.0 percent ..........................................................................................................................................................................................            0.0         0.0
                                            150.0 percent up to 200.0 percent .......................................................................................................................................................................                 0.0         3.0
                                            200.0 percent up to 250.0 percent .......................................................................................................................................................................                 3.0         4.0
                                            250.0 percent up to 300.0 percent .......................................................................................................................................................................                 4.0         6.0
                                            300.0 percent up to 400.0 percent .......................................................................................................................................................................                 6.0         8.5
                                            400.0 percent and higher ..................................................................................................................................................................................               8.5         8.5’’.


                                              (b)     CONFORMING      AMENDMENT.—Section                                         ‘‘(ii) LUMP-SUM SOCIAL SECURITY BENEFIT PAY-                                        SEC. 106. ESTABLISHING A HEALTH INSURANCE
                                            36B(c)(1)(A) of the Internal Revenue Code of                                        MENT.—For purposes of this subparagraph, the                                                     AFFORDABILITY FUND.
                                            1986 is amended by striking ‘‘but does not exceed                                   term ‘lump-sum social security benefit payment’                                         Subtitle D of title I of the Patient Protection
                                            400 percent’’.                                                                      means any payment of social security benefits                                        and Affordable Care Act is amended by insert-
                                              (c) EFFECTIVE DATE.—The amendments made                                           (as defined in section 86(d)(1)) which constitutes                                   ing after part 5 (42 U.S.C. 18061 et seq.) the fol-
                                            by this section shall apply to taxable years be-                                    more than 1 month of such benefits.                                                  lowing new part:
                                            ginning after December 31, 2019.                                                      ‘‘(iii) ELECTION TO INCLUDE EXCLUDABLE                                               ‘‘PART 6—IMPROVE HEALTH INSURANCE
                                            SEC. 102. IMPROVING AFFORDABILITY BY REDUC-                                         AMOUNT.—A taxpayer may elect (at such time                                                       AFFORDABILITY FUND
                                                        ING OUT-OF-POCKET AND PREMIUM                                           and in such manner as the Secretary may pro-
                                                        COSTS FOR CONSUMERS.                                                                                                                                         ‘‘SEC. 1351. ESTABLISHMENT OF PROGRAM.
                                                                                                                                vide) to have this subparagraph not apply for                                          ‘‘There is hereby established the ‘Improve
                                               Section 1302(c)(4) of the Patient Protection                                     any taxable year.’’.
                                            and Affordable Care Act (42 U.S.C. 18022(c)(4))                                                                                                                          Health Insurance Affordability Fund’ to be ad-
                                                                                                                                  (b) EFFECTIVE DATE.—The amendment made
                                            is amended by striking ‘‘calendar year)’’ and in-                                                                                                                        ministered by the Secretary of Health and
                                                                                                                                by this section shall apply to taxable years be-
                                            serting ‘‘calendar year, based on estimates and                                                                                                                          Human Services, acting through the Adminis-
                                                                                                                                ginning after December 31, 2019.
                                            projections for the applicable calendar year of                                                                                                                          trator of the Centers for Medicare & Medicaid
                                                                                                                                SEC. 105. PRESERVING STATE OPTION TO IMPLE-
                                            the percentage (if any) by which the average                                                    MENT    HEALTH   CARE    MARKET-
                                                                                                                                                                                                                     Services (in this section referred to as the ‘Ad-
                                            per enrollee premium for eligible employer-spon-                                                PLACES.                                                                  ministrator’), to provide funding, in accordance
                                            sored health plans (as defined in section                                             (a) IN GENERAL.—Section 1311 of the Patient                                        with this part, to the 50 States and the District
                                            5000A(f)(2) of the Internal Revenue Code of                                         Protection and Affordable Care Act (42 U.S.C.                                        of Columbia (each referred to in this section as
                                            1986) exceeds such average per enrollee premium                                     18031) is amended—                                                                   a ‘State’) beginning on January 1, 2022, for the
                                            for the preceding calendar year, as published in                                       (1) in subsection (a)—                                                            purposes described in section 1352.
                                            the National Health Expenditure Accounts)’’.                                           (A) in paragraph (4)(B), by striking ‘‘under                                      ‘‘SEC. 1352. USE OF FUNDS.
                                            SEC.      103.     EXPANDING AFFORDABILITY FOR                                      this subsection’’ and inserting ‘‘under this para-                                      ‘‘(a) IN GENERAL.—A State shall use the funds
                                                               WORKING FAMILIES TO FIX THE                                      graph or paragraph (1)’’; and                                                        allocated to the State under this part for one of
                                                               FAMILY GLITCH.                                                      (B) by adding at the end the following new                                        the following purposes:
                                               (a) IN          GENERAL.—Clause (i) of section                                   paragraph:                                                                              ‘‘(1) To provide reinsurance payments to
                                            36B(c)(2)(C) of the Internal Revenue Code of                                           ‘‘(6) ADDITIONAL PLANNING AND ESTABLISH-                                          health insurance issuers with respect to individ-
                                            1986 is amended to read as follows:                                                 MENT GRANTS.—                                                                        uals enrolled under individual health insurance
                                               ‘‘(i) COVERAGE MUST BE AFFORDABLE.—                                                 ‘‘(A) IN GENERAL.—There shall be appro-                                           coverage (other than through a plan described
                                               ‘‘(I) EMPLOYEES.—An employee shall not be                                        priated to the Secretary, out of any moneys in                                       in subsection (b)) offered by such issuers.
                                            treated as eligible for minimum essential cov-                                      the Treasury not otherwise appropriated, $200                                           ‘‘(2) To provide assistance (other than
                                            erage if such coverage consists of an eligible em-                                  million to award grants to eligible States for the                                   through payments described in paragraph (1)) to
                                            ployer-sponsored plan (as defined in section                                        uses described in paragraph (3).                                                     reduce out-of-pocket costs, such as copayments,
                                            5000A(f)(2)) and the employee’s required con-                                          ‘‘(B) DURATION AND RENEWABILITY.—A grant                                          coinsurance, premiums, and deductibles, of indi-
                                            tribution (within the meaning of section                                            awarded under subparagraph (A) shall be for a                                        viduals enrolled under qualified health plans of-
                                            5000A(e)(1)(B)) with respect to the plan exceeds                                    period of 2 years and may not be renewed.                                            fered on the individual market through an Ex-
                                            9.5 percent of the employee’s household income.                                        ‘‘(C) LIMITATION.—A grant may not be award-                                       change.
                                               ‘‘(II) FAMILY MEMBERS.—An individual who is                                      ed under subparagraph (A) after December 31,                                            ‘‘(b) EXCLUSION OF CERTAIN GRANDFATHERED
                                            eligible to enroll in an eligible employer-spon-                                    2023.                                                                                AND TRANSITIONAL PLANS.—For purposes of sub-
                                            sored plan (as defined in section 5000A(f)(2)) by                                      ‘‘(D) ELIGIBLE STATE DEFINED.—For purposes                                        section (a), a plan described in this subsection is
                                            reason of a relationship the individual bears to                                    of this paragraph, the term ‘eligible State’
                                                                                                                                                                                                                     the following:
                                            the employee shall not be treated as eligible for                                   means a State that, as of the date of the enact-                                        ‘‘(1) A grandfathered health plan (as defined
                                            minimum essential coverage by reason of such                                        ment of this paragraph, is not operating an Ex-                                      in section 1251).
                                            eligibility to enroll if the employee’s required                                    change (other than an Exchange described in                                             ‘‘(2) A plan (commonly referred to as a ‘tran-
                                            contribution (within the meaning of section                                         section 155.200(f) of title 45, Code of Federal                                      sitional plan’) continued under the letter issued
                                            5000A(e)(1)(B), determined by substituting ‘fam-                                    Regulations).’’; and                                                                 by the Centers for Medicare & Medicaid Services
                                            ily’ for ‘self-only’) with respect to the plan ex-                                     (2) in subsection (d)(5)(A)—                                                      on November 14, 2013, to the State Insurance
                                            ceeds 9.5 percent of the employee’s household in-                                      (A) by striking ‘‘OPERATIONS.—In establishing
                                                                                                                                                                                                                     Commissioners outlining a transitional policy
                                            come.’’.                                                                            an Exchange under this section’’ and inserting
                                                                                                                                                                                                                     for coverage in the individual and small group
                                               (b) CONFORMING AMENDMENTS.—                                                      ‘‘OPERATIONS.—
                                                                                                                                   ‘‘(i) IN GENERAL.—In establishing an Ex-                                          markets to which section 1251 does not apply,
                                               (1) Clause (ii) of section 36B(c)(2)(C) of the In-                                                                                                                    and under the extension of the transitional pol-
                                            ternal Revenue Code of 1986 is amended by                                           change under this section (other than in estab-
                                                                                                                                lishing an Exchange pursuant to a grant                                              icy for such coverage set forth in the Insurance
                                            striking ‘‘Except as provided in clause (iii), an                                                                                                                        Standards Bulletin Series guidance issued by
                                            employee’’ and inserting ‘‘An individual’’.                                         awarded under subsection (a)(6))’’; and
                                                                                                                                   (B) by adding at the end the following:                                           the Centers for Medicare & Medicaid Services on
                                               (2) Clause (iii) of section 36B(c)(2)(C) of such                                                                                                                      March 5, 2014, February 29, 2016, February 13,
                                            Code is amended by striking ‘‘the last sentence                                        ‘‘(ii) ADDITIONAL PLANNING AND ESTABLISH-
                                                                                                                                MENT GRANTS.—In establishing an Exchange                                             2017, April 9, 2018, March 25, 2019, and January
                                            of clause (i)’’ and inserting ‘‘clause (i)(II)’’.                                                                                                                        31, 2020, or under any subsequent extensions
                                               (3) Clause (iv) of section 36B(c)(2)(C) of such                                  pursuant to a grant awarded under subsection
                                                                                                                                (a)(6), the State shall ensure that such Ex-                                         thereof.
                                            Code is amended by striking ‘‘the 9.5 percent
                                                                                                                                change is self-sustaining beginning on January                                          ‘‘(3) Student health insurance coverage (as
                                            under clause (i)(II)’’ and inserting ‘‘the 9.5 per-
                                                                                                                                1, 2025, including allowing the Exchange to                                          defined in section 147.145 of title 45, Code of
                                            cent under clauses (i)(I) and (i)(II)’’.
                                                                                                                                charge assessments or user fees to participating                                     Federal Regulations).
                                               (c) EFFECTIVE DATE.—The amendments made
                                                                                                                                health insurance issuers, or to otherwise gen-                                       ‘‘SEC. 1353. STATE ELIGIBILITY AND APPROVAL;
                                            by this section shall apply to taxable years be-
                                                                                                                                erate funding, to support its operations.’’.                                                       DEFAULT SAFEGUARD.
                                            ginning after December 31, 2021.
                                                                                                                                   (b) CLARIFICATION REGARDING FAILURE TO ES-                                           ‘‘(a) ENCOURAGING STATE OPTIONS FOR ALLO-
                                            SEC. 104. TAX CREDIT RECONCILIATION PROTEC-
                                                        TIONS FOR INDIVIDUALS RECEIVING                                         TABLISH EXCHANGE OR IMPLEMENT REQUIRE-                                               CATIONS.—
                                                        SOCIAL SECURITY LUMP-SUM PAY-                                           MENTS.—Section 1321(c) of the Patient Protec-                                           ‘‘(1) IN GENERAL.—To be eligible for an alloca-
                                                        MENTS.                                                                  tion and Affordable Care Act (42 U.S.C.                                              tion of funds under this part for a year (begin-
                                              (a) IN GENERAL.—Section 36B(d)(2) of the In-                                      18041(c)) is amended—                                                                ning with 2022), a State shall submit to the Ad-
                                            ternal Revenue Code of 1986 is amended by add-                                         (1) in paragraph (1), by striking ‘‘If’’ and in-                                  ministrator an application at such time (but, in
                                            ing at the end the following new subparagraph:                                      serting ‘‘Subject to paragraph (3), if’’; and                                        the case of allocations for 2022, not later than 90




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                                              ‘‘(C) EXCLUSION OF PORTION OF LUMP-SUM SO-                                           (2) by adding at the end the following new                                        days after the date of the enactment of this part
                                            CIAL SECURITY BENEFITS.—                                                            paragraph:                                                                           and, in the case of allocations for a subsequent
                                              ‘‘(i) IN GENERAL.—The term ‘modified adjusted                                        ‘‘(3) CLARIFICATION.—This subsection shall                                        year, not later than March 1 of the previous
                                            gross income’ shall not include so much of any                                      not apply in the case of a State that elects to                                      year) and in such form and manner as specified
                                            lump-sum social security benefit payment as is                                      apply the requirements described in subsection                                       by the Administrator containing—
                                            attributable to months ending before the begin-                                     (a) and satisfies the requirement described in                                         ‘‘(A) a description of how the funds will be
                                            ning of the taxable year.                                                           subsection (b) on or after January 1, 2014.’’.                                       used; and




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                         H2601
                                               ‘‘(B) such other information as the Adminis-         retary shall, with respect to a State not de-           its and annual out-of-pocket limits, that may
                                            trator may require.                                     scribed in section 1353(b) for such year and not        increase the cost of treatment and cause finan-
                                               ‘‘(2) AUTOMATIC APPROVAL.—An application             later than the date specified under subpara-            cial hardship to those requiring medical care,
                                            so submitted is approved unless the Adminis-            graph (B) for such year, allocate for such State        including children with complex medical needs
                                            trator notifies the State submitting the applica-       the amount determined for such State and year           and disabilities and their families; and
                                            tion, not later than 60 days after the date of the      under paragraph (2).                                       (C) excludes coverage of essential health bene-
                                            submission of such application, that the appli-            ‘‘(B) SPECIFIED DATE.—For purposes of sub-           fits including hospitalization, prescription
                                            cation has been denied for not being in compli-         paragraph (A), the date specified in this sub-          drugs, and other lifesaving care.
                                            ance with any requirement of this part and of           paragraph is—                                              (3) The implementation and enforcement of
                                            the reason for such denial.                                ‘‘(i) for 2022, the date that is 45 days after the   the final rule weakens critical protections for up
                                               ‘‘(3) 5-YEAR APPLICATION APPROVAL.—If an             date of the enactment of this part; and                 to 130 million Americans living with preexisting
                                            application of a State is approved for a purpose           ‘‘(ii) for 2023 or a subsequent year, January 1      health conditions and may place a large finan-
                                            described in section 1352 for a year, such appli-       of the respective year.                                 cial burden on those who enroll in short-term
                                            cation shall be treated as approved for such               ‘‘(C)      NOTIFICATIONS       OF     ALLOCATION     limited-duration insurance, which jeopardizes
                                            purpose for each of the subsequent 4 years.             AMOUNTS.—For 2023 and each subsequent year,             Americans’ access to quality, affordable health
                                               ‘‘(4) REVOCATION OF APPROVAL.—The ap-                the Secretary shall notify each State of the            insurance.
                                            proval of an application of a State, with respect       amount determined for such State under para-               (b) PROHIBITION.—The Secretary of Health
                                            to a purpose described in section 1352, may be          graph (2) for such year by not later than Janu-         and Human Services, the Secretary of the Treas-
                                            revoked if the State fails to use funds provided        ary 1 of the previous year.                             ury, and the Secretary of Labor—
                                            to the State under this section for such purpose           ‘‘(2) ALLOCATION AMOUNT DETERMINATIONS.—                (1) may not take any action to implement, en-
                                            or otherwise fails to comply with the require-             ‘‘(A) IN GENERAL.—For purposes of paragraph          force, or otherwise give effect to the rule entitled
                                            ments of this section.                                  (1), the amount determined under this para-             ‘‘Short-Term, Limited Duration Insurance’’ (83
                                               ‘‘(b) DEFAULT FEDERAL SAFEGUARD.—                    graph for a year for a State described in para-         Fed. Reg. 38212 (August 3, 2018));
                                               ‘‘(1) 2022.—For 2022, in the case of a State         graph (1)(A) for such year is the amount equal             (2) shall apply any regulation revised by such
                                            that does not submit an application under sub-          to—                                                     rule as if such rule had not been issued; and
                                            section (a) by the 90-day submission date appli-           ‘‘(i) the amount that the Secretary estimates           (3) may not promulgate any substantially
                                            cable to such year under subsection (a)(1) and          would be expended under this part for such year         similar rule.
                                            in the case of a State that does submit such an         on attachment range claims of individuals resid-        SEC. 108. REVOKING SECTION 1332 GUIDANCE.
                                            application by such date that is not approved,          ing in such State if such State used such funds
                                                                                                                                                              (a) FINDINGS.—Congress finds the following:
                                            the Administrator, in consultation with the             only for the purpose described in paragraph (1)
                                                                                                                                                              (1) On October 24, 2018, the administration
                                            State insurance commissioner, shall, from the           of section 1352(a) at the dollar amounts and per-
                                                                                                                                                            published new guidance to carry out section
                                            amount calculated under paragraph (4) for such          centage specified under subparagraph (B) for
                                                                                                                                                            1332 of the Patient Protection and Affordable
                                            year, carry out the purpose described in para-          such year; minus
                                                                                                       ‘‘(ii) the amount, if any, by which the Sec-         Care Act (42 U.S.C. 18052) entitled ‘‘State Relief
                                            graph (3) in such State for such year.                                                                          and Empowerment Waivers’’ (83 Fed. Reg.
                                               ‘‘(2) 2023 AND SUBSEQUENT YEARS.—For 2023 or         retary determines—
                                                                                                       ‘‘(I) the estimated amount of premium tax            53575).
                                            a subsequent year, in the case of a State that                                                                    (2) The new guidance encourages States to
                                            does not have in effect an approved application         credits under section 36B of the Internal Rev-
                                                                                                    enue Code of 1986 that would be attributable to         provide health insurance coverage through in-
                                            under this section for such year, the Adminis-                                                                  surance plans that may discriminate against in-
                                            trator, in consultation with the State insurance        individuals residing in such State for such year
                                                                                                    without application of this part; exceeds               dividuals with preexisting health conditions, in-
                                            commissioner, shall, from the amount calculated                                                                 cluding the one in four Americans living with a
                                            under paragraph (4) for such year, carry out               ‘‘(II) the estimated amount of premium tax
                                                                                                    credits under section 36B of the Internal Rev-          disability.
                                            the purpose described in paragraph (3) in such                                                                    (3) The implementation and enforcement of
                                            State for such year.                                    enue Code of 1986 that would be attributable to
                                                                                                    individuals residing in such State for such year        the new guidance weakens protections for the
                                               ‘‘(3) SPECIFIED USE.—The amount described in                                                                 millions of Americans living with preexisting
                                            paragraph (4), with respect to 2022 or a subse-         if such State were a State described in section
                                                                                                    1353(b) for such year.                                  health conditions and jeopardizes Americans’
                                            quent year, shall be used to carry out the pur-                                                                 access to quality, affordable health insurance
                                                                                                    For purposes of the previous sentence and sec-
                                            pose described in section 1352(a)(1) in each State                                                              coverage.
                                                                                                    tion 1353(b)(3), the term ‘attachment range
                                            described in paragraph (1) or (2) for such year,                                                                  (b) PROVIDING THAT CERTAIN GUIDANCE RE-
                                                                                                    claims’ means, with respect to an individual, the
                                            as applicable, by providing reinsurance pay-                                                                    LATED TO WAIVERS FOR STATE INNOVATION
                                                                                                    claims for such individual that exceed a dollar
                                            ments to health insurance issuers with respect                                                                  UNDER THE PATIENT PROTECTION AND AFFORD-
                                                                                                    amount specified by the Secretary for a year,
                                            to attachment range claims (as defined in sec-                                                                  ABLE CARE ACT SHALL HAVE NO FORCE OR EF-
                                                                                                    but do not exceed a ceiling dollar amount speci-
                                            tion 1354(b)(2)), using the dollar amounts speci-                                                               FECT.—Beginning July 1, 2020, the Secretary of
                                                                                                    fied by the Secretary for such year, under sub-
                                            fied in subparagraph (B) of such section for                                                                    Health and Human Services and the Secretary
                                                                                                    paragraph (B).
                                            such year) in an amount equal to, subject to                                                                    of the Treasury may not take any action to im-
                                                                                                       ‘‘(B) SPECIFICATIONS.—For purposes of sub-
                                            paragraph (5), the percentage (specified for such                                                               plement, enforce, or otherwise give effect to the
                                                                                                    paragraph (A) and section 1353(b)(3), the Sec-
                                            year by the Secretary under such subparagraph)                                                                  guidance entitled ‘‘State Relief and Empower-
                                                                                                    retary shall determine the dollar amounts and
                                            of the amount of such claims.                                                                                   ment Waivers’’ (83 Fed. Reg. 53575 (October 24,
                                                                                                    the percentage to be specified under this sub-
                                               ‘‘(4) AMOUNT DESCRIBED.—The amount de-                                                                       2018)), including any such action that would re-
                                                                                                    paragraph for a year in a manner to ensure that
                                            scribed in this paragraph, with respect to 2022                                                                 sult in individuals losing health insurance cov-
                                                                                                    the total amount of expenditures under this part
                                            or a subsequent year, is the amount equal to the                                                                erage that includes the essential health benefits
                                                                                                    for such year is estimated to equal the total
                                            total sum of amounts that the Secretary would                                                                   package (as defined in subsection (a) of section
                                                                                                    amount appropriated for such year under sub-
                                            otherwise estimate under section 1354(b)(2)(A)(i)                                                               1302 of the Patient Protection and Affordable
                                                                                                    section (a) if such expenditures were used solely
                                            for such year for each State described in para-                                                                 Care Act (42 U.S.C. 18022(a)) without regard to
                                                                                                    for the purpose described in paragraph (1) of
                                            graph (1) or (2) for such year, as applicable, if                                                               any waiver of any provision of such package
                                                                                                    section 1352(a) for attachment range claims at
                                            each such State were not so described for such                                                                  under a waiver under such section 1332), includ-
                                                                                                    the dollar amounts and percentage so specified
                                            year.                                                                                                           ing the maternity and newborn care essential
                                                                                                    for such year.
                                               ‘‘(5) ADJUSTMENT.—For purposes of this sub-                                                                  health benefit described in subsection (b)(1)(D)
                                                                                                       ‘‘(3) AVAILABILITY.—Funds allocated to a
                                            section, the Secretary may apply a percentage                                                                   of such section, including any such action that
                                                                                                    State under this subsection for a year shall re-
                                            under paragraph (3) with respect to a year that                                                                 would result in a decrease in the number of such
                                                                                                    main available through the end of the subse-
                                            is less than the percentage otherwise specified in                                                              individuals enrolled in coverage that is at least
                                                                                                    quent year.’’.
                                            section 1354(b)(2)(B) for such year, if the cost of                                                             as comprehensive as the coverage defined in sec-
                                                                                                    SEC. 107. RESCINDING THE SHORT-TERM LIMITED
                                            paying the total eligible attachment range                          DURATION    INSURANCE      REGULA-          tion 1302(a) of the Patient Protection and Af-
                                            claims for States described in this subsection for                  TION.                                       fordable Care Act (42 U.S.C. 18022(a)) compared
                                            such year at such percentage otherwise specified          (a) FINDINGS.—Congress finds the following:           to the number of such individuals who would
                                            would exceed the amount calculated under                   (1) On August 3, 2018, the Administration            have been so enrolled in such coverage had such
                                            paragraph (4) for such year.                            issued a final rule entitled ‘‘Short-Term, Lim-         action not been taken, including any such ac-
                                            ‘‘SEC. 1354. ALLOCATIONS.                               ited-Duration Insurance’’ (83 Fed. Reg. 38212).         tion that would, with respect to individuals
                                               ‘‘(a) APPROPRIATION.—For the purpose of pro-            (2) The final rule dramatically expands the          with substance use disorders, including opioid
                                            viding allocations for States under subsection          sale and marketing of insurance that—                   use disorders, reduce the availability or afford-
                                            (b) and payments under section 1353(b) there is            (A) may discriminate against individuals liv-        ability of coverage that is at least as comprehen-




dlhill on DSK120RN23PROD with HOUSE
                                            appropriated, out of any money in the Treasury          ing with preexisting health conditions, includ-         sive as the coverage defined in section 1302(a) of
                                            not otherwise appropriated, $10,000,000,000 for         ing children with complex medical needs and             the Patient Protection and Affordable Care Act
                                            2022 and each subsequent year.                          disabilities and their families;                        (42 U.S.C. 18022(a)) compared to the availability
                                              ‘‘(b) ALLOCATIONS.—                                      (B) lacks important financial protections pro-       or affordability, respectively, of such coverage
                                              ‘‘(1) PAYMENT.—                                       vided by the Patient Protection and Affordable          had such action not been taken, including any
                                              ‘‘(A) IN GENERAL.—From amounts appro-                 Care Act (Public Law 111–148), including the            such action that would result, with respect to
                                            priated under subsection (a) for a year, the Sec-       prohibition of annual and lifetime coverage lim-        vulnerable populations (including low-income




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                                            H2602                                              CONGRESSIONAL RECORD — HOUSE                                                              June 29, 2020
                                            individuals, elderly individuals, and individuals         ‘‘(C) NON-ACA COMPLIANT HEALTH INSURANCE              out each of the duties specified in paragraph
                                            with serious health issues or who have a greater        COVERAGE.—For purposes of subparagraph (B):             (3);
                                            risk of developing serious health issues), in a de-        ‘‘(i) The term ‘non-ACA compliant health in-            ‘‘(ii) not take into account whether or not the
                                            crease in the availability of coverage that is at       surance coverage’ means health insurance cov-           entity has demonstrated how the entity will pro-
                                            least as comprehensive as the coverage defined          erage, or a group health plan, that is not a            vide information to individuals relating to group
                                            in section 1302(a) of the Patient Protection and        qualified health plan.                                  health plans offered by a group or association of
                                            Affordable Care Act (42 U.S.C. 18022(a)) with              ‘‘(ii) Such term includes the following:             employers described in section 2510.3–5(b) of title
                                            coverage and cost sharing protections required             ‘‘(I) An association health plan.                    29, Code of Federal Regulations (or any suc-
                                            under section 1332(b)(1)(B) of such Act (42                ‘‘(II) Short-term limited duration insurance.        cessor regulation), or short-term limited dura-
                                            U.S.C. 18052(b)(1)(B)), including any such ac-             ‘‘(D) FUNDING.—Out of any funds in the               tion insurance (as defined by the Secretary for
                                            tion that would, with respect to individuals            Treasury not otherwise appropriated, there are          purposes of section 2791(b)(5) of the Public
                                            with preexisting conditions, reduce the afford-         hereby appropriated for fiscal year 2022 and            Health Service Act); and
                                            ability of coverage that is at least as comprehen-      each subsequent fiscal year, $100,000,000 to               ‘‘(iii) ensure that, each year, the Exchange
                                            sive as the coverage defined in section 1302(a) of      carry out this paragraph. Funds appropriated            awards such a grant to—
                                            the Patient Protection and Affordable Care Act          under this subparagraph shall remain available             ‘‘(I) at least one entity described in this para-
                                            (42 U.S.C. 18022(a)) compared to the afford-            until expended.                                         graph that is a community and consumer-fo-
                                            ability of such coverage had such action not               ‘‘(E) HIGH HEALTH DISPARITY AREA DEFINED.—           cused nonprofit group; and
                                            been taken, including any such action that              For purposes of subparagraph (A), the term                 ‘‘(II) at least one entity described in subpara-
                                            would result in higher health insurance pre-            ‘high health disparity area’ means a contiguous         graph (B), which may include another commu-
                                            miums for individuals enrolled in health insur-         geographic area that—                                   nity and consumer-focused nonprofit group in
                                            ance coverage that is at least as comprehensive            ‘‘(i) is located in one census tract or ZIP code;    addition to any such group awarded a grant
                                            as the coverage defined in section 1302(b) of              ‘‘(ii) has measurable and documented racial,         pursuant to subclause (I).
                                            such Act (42 U.S.C. 18022(b)), and the Secre-           ethnic, or geographic health disparities;               In awarding such grants, an Exchange may
                                            taries may not promulgate any substantially                ‘‘(iii) has a low-income population, as dem-         consider an entity’s record with respect to
                                            similar guidance or rule. Nothing in the pre-           onstrated by—                                           waste, fraud, and abuse for purposes of main-
                                            vious sentence shall be construed to affect the            ‘‘(I) average income below 138 percent of the        taining the integrity of such Exchange.’’;
                                            approval of waivers under section 1332 of the           Federal poverty line; or                                   (2) in paragraph (3)—
                                            Patient Protection and Affordable Care Act (42             ‘‘(II) a rate of participation in the special sup-      (A) by amending subparagraph (C) to read as
                                            U.S.C. 18052) that establish reinsurance pro-           plemental nutrition program under section 17 of         follows:
                                            grams that are consistent with the requirements         the Child Nutrition Act of 1966 (42 U.S.C. 1786)           ‘‘(C) facilitate enrollment, including with re-
                                            under subsection (b)(1) of such section (42             that is higher than the national average rate of        spect to individuals with limited English pro-
                                            U.S.C. 18052(b)(1)), lower health insurance pre-        participation in such program;                          ficiency and individuals with chronic illnesses,
                                            miums, and protect health insurance coverage               ‘‘(iv) has poor health outcomes, as dem-             in qualified health plans, State medicaid plans
                                            for people with preexisting conditions.                 onstrated by—                                           under title XIX of the Social Security Act, and
                                              (c) GAO REPORT ON AFFECT OF STATE INNO-                  ‘‘(I) lower life expectancy than the national        State child health plans under title XXI of such
                                            VATION WAIVERS ON COVERAGE OF INDIVIDUALS               average; or                                             Act;’’;
                                            AND ON MENTAL HEALTH HEALTH CARE TREAT-                    ‘‘(II) a higher percentage of instances of low          (B) in subparagraph (D), by striking ‘‘and’’ at
                                            MENT.—Not later than 1 year after the date of           birth weight than the national average; and             the end;
                                            the enactment of this Act, the Comptroller Gen-            ‘‘(v) is part of a Metropolitan Statistical Area        (C) in subparagraph (E), by striking the pe-
                                            eral of the United States shall submit to Con-          identified by the Office of Management and              riod at the end and inserting ‘‘; and’’;
                                            gress a report on the number of individuals ex-         Budget.                                                    (D) by inserting after subparagraph (E) the
                                            pected to lose access to health insurance cov-             ‘‘(5) ANNUAL ENROLLMENT TARGETS.—For plan            following new subparagraph:
                                            erage (as defined in section 2791 of the Public         year 2021 and each subsequent plan year, in the            ‘‘(F) provide referrals to community-based or-
                                            Health Service Act (42 U.S.C. 300gg–91)) if sub-        case of an Exchange established or operated by          ganizations that address social needs related to
                                            section (b) were not enacted and waivers under          the Secretary within a State pursuant to this           health outcomes.’’; and
                                            section 1332 of the Patient Protection and Af-          subsection, the Secretary shall establish annual           (E) by adding at the end the following flush
                                            fordable Care Act (42 U.S.C. 18052) were ap-            enrollment targets for such Exchange for such           left sentence:
                                            proved under the guidance described in such             year.’’.                                                ‘‘The duties specified in the preceding sentence
                                            subsection (b). Such report shall include an               (b) STUDY AND REPORT.—Not later than 30              may be carried out by such a navigator at any
                                            analysis of the expected effect such waivers ap-        days after the date of the enactment of this Act,       time during a year.’’;
                                            proved under such guidance would have on                the Secretary of Health and Human Services                 (3) in paragraph (4)(A)—
                                            mental health care treatment.                           shall release to Congress all aggregated docu-             (A) in the matter preceding clause (i), by
                                            SEC. 109. REQUIRING MARKETPLACE OUTREACH,
                                                                                                    ments relating to studies and data sets that were       striking ‘‘not’’;
                                                        EDUCATIONAL ACTIVITIES, AND AN-             created on or after January 1, 2014, and related           (B) in clause (i)—
                                                        NUAL ENROLLMENT TARGETS.                    to marketing and outreach with respect to quali-           (i) by inserting ‘‘not’’ before ‘‘be’’; and
                                              (a) IN GENERAL.—Section 1321(c) of the Pa-            fied health plans offered through Exchanges                (ii) by striking ‘‘; or’’ and inserting a semi-
                                            tient Protection and Affordable Care Act (42            under title I of the Patient Protection and Af-         colon;
                                            U.S.C. 18041(c)), as amended by section 105(b), is      fordable Care Act (42 U.S.C. 18001 et seq.).               (C) in clause (ii)—
                                            further amended by adding at the end the fol-           SEC. 110. REPORT ON EFFECTS OF WEBSITE                     (i) by inserting ‘‘not’’ before ‘‘receive’’; and
                                            lowing new paragraphs:                                             MAINTENANCE DURING OPEN EN-                     (ii) by striking the period and inserting a
                                               ‘‘(4) OUTREACH AND EDUCATIONAL ACTIVI-                          ROLLMENT.                                    semicolon; and
                                            TIES.—                                                    Not later than 1 year after the date of the en-          (D) by adding at the end the following new
                                               ‘‘(A) IN GENERAL.—In the case of an Exchange         actment of this Act, the Comptroller General of         clauses:
                                            established or operated by the Secretary within         the United States shall submit to Congress a re-           ‘‘(iii) maintain physical presence in the State
                                            a State pursuant to this subsection, the Sec-           port examining whether the Department of                of the Exchange so as to allow in-person assist-
                                            retary shall carry out outreach and educational         Health and Human Services has been con-                 ance to consumers; and
                                            activities for purposes of informing individuals        ducting maintenance on the website commonly                ‘‘(iv) receive opioid specific education and
                                            about qualified health plans offered through the        referred to as ‘‘Healthcare.gov’’ during annual         training that ensures the navigator can best
                                            Exchange, including by informing such individ-          open enrollment periods (as described in section        educate individuals on qualified health plans
                                            uals of the availability of coverage under such         1311(c)(6)(B) of the Patient Protection and Af-         offered through an Exchange, specifically cov-
                                            plans and financial assistance for coverage             fordable Care Act (42 U.S.C. 18031(c)(6)(B)) in         erage under such plans for opioid health care
                                            under such plans. Such outreach and edu-                such a manner so as to minimize any disruption          treatment.’’; and
                                            cational activities shall be provided in a manner       to the use of such website resulting from such             (4) in paragraph (6)—
                                            that is culturally and linguistically appropriate       maintenance.                                               (A) by striking ‘‘FUNDING.—Grants under’’
                                            to the needs of the populations being served by         SEC. 111. PROMOTING CONSUMER OUTREACH                   and inserting ‘‘FUNDING.—
                                            the Exchange (including hard-to-reach popu-                        AND EDUCATION.                                  ‘‘(A) STATE EXCHANGES.—Grants under’’; and
                                            lations, such as racial and sexual minorities,            (a) IN GENERAL.—Section 1311(i) of the Pa-               (B) by adding at the end the following new
                                            limited English proficient populations, individ-        tient Protection and Affordable Care Act (42            subparagraph:
                                            uals in rural areas, veterans, and young adults)        U.S.C. 18031(i)) is amended—                               ‘‘(B) FEDERAL EXCHANGES.—For purposes of
                                            and shall be provided to populations residing in           (1) in paragraph (2), by adding at the end the       carrying out this subsection, with respect to an
                                            high health disparity areas (as defined in sub-         following new subparagraph:                             Exchange established and operated by the Sec-




dlhill on DSK120RN23PROD with HOUSE
                                            paragraph (E)) served by the Exchange, in addi-            ‘‘(C) SELECTION OF RECIPIENTS.—In the case of        retary within a State pursuant to section
                                            tion to other populations served by the Ex-             an Exchange established and operated by the             1321(c), the Secretary shall obligate $100,000,000
                                            change.                                                 Secretary within a State pursuant to section            out of amounts collected through the user fees
                                               ‘‘(B) LIMITATION ON USE OF FUNDS.—No funds           1321(c), in awarding grants under paragraph             on participating health insurance issuers pursu-
                                            appropriated under this paragraph shall be used         (1), the Exchange shall—                                ant to section 156.50 of title 45, Code of Federal
                                            for expenditures for promoting non-ACA compli-             ‘‘(i) select entities to receive such grants based   Regulations (or any successor regulations), for
                                            ant health insurance coverage.                          on an entity’s demonstrated capacity to carry           fiscal year 2022 and each subsequent fiscal year.




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                       H2603
                                            Such amount for a fiscal year shall remain                (1) the division of spending on individual ad-       offered through such Exchange, including the
                                            available until expended.’’.                            vertising platforms, including television and          requirement for such a qualified health plan to
                                              (b) EFFECTIVE DATE.—The amendments made               radio advertisements and digital media, to raise       provide coverage for essential health benefits (as
                                            by this section shall apply with respect to plan        consumer awareness of open enrollment;                 defined in section 1302(b) of such Act (42 U.S.C.
                                            years beginning on or after January 1, 2021.              (2) the division of spending on individual out-      18022(b)) and the requirements applicable to
                                            SEC. 112. IMPROVING TRANSPARENCY AND AC-                reach platforms, including email and text mes-         such a qualified health plan under part A of
                                                        COUNTABILITY IN THE MARKET-                 sages, to raise consumer awareness of open en-         title XXVII of the Public Health Service Act (42
                                                        PLACE.                                      rollment; and                                          U.S.C. 300gg et seq.); and
                                              (a) OPEN ENROLLMENT REPORTS.—For plan                   (3) whether the Secretary conducted targeted            (5) information on the availability of financial
                                            year 2021 and each subsequent year, the Sec-            outreach to specific demographic groups and ge-        assistance with respect to enrolling in a quali-
                                            retary of Health and Human Services (referred           ographic areas.                                        fied health plan, including the maximum income
                                            to in this section as the ‘‘Secretary’’), in coordi-      (b) PROMOTING TRANSPARENCY AND ACCOUNT-              limit for eligibility for a premium tax credit
                                            nation with the Secretary of the Treasury and           ABILITY IN THE ADMINISTRATION’S EXPENDI-               under section 36B of the Internal Revenue Code
                                            the Secretary of Labor, shall issue biweekly            TURES OF EXCHANGE USER FEES.—For plan year             of 1986.
                                            public reports during the annual open enroll-           2021 and each subsequent plan year, not later             (b) NAME OF NOTICES.—In addition to updat-
                                            ment period on the performance of the federally         than the date that is 3 months after the end of        ing the model COBRA continuation coverage
                                            facilitated Exchange operated pursuant to sec-          such plan year, the Secretary of Health and            general notice and the model COBRA continu-
                                            tion 1321(c) of the Patient Protection and Af-          Human Services shall submit to the appropriate         ation coverage election notice under paragraph
                                            fordable Care Act (42 U.S.C. 18041(c)). Each            committees of Congress and make available to           (1), the Secretary of Labor shall rename each
                                            such report shall include a summary, including          the public an annual report on the expenditures        such notice as the ‘‘model COBRA continuation
                                            information on a State-by-State basis where             by the Department of Health and Human Serv-            coverage and Affordable Care Act coverage gen-
                                            available, of—                                          ices of user fees collected pursuant to section        eral notice’’ and the ‘‘model COBRA continu-
                                              (1) the number of unique website visits;              156.50 of title 45, Code of Federal Regulations        ation coverage and Affordable Care Act cov-
                                              (2) the number of individuals who create an           (or any successor regulations). Each such report       erage election notice’’, respectively.
                                            account;                                                for a plan year shall include a detailed account-         (c) CONSUMER TESTING.—Prior to making pub-
                                              (3) the number of calls to the call center;           ing of the amount of such user fees collected          licly available the model COBRA continuation
                                              (4) the average wait time for callers contacting      during such plan year and of the amount of             coverage general notice and the model COBRA
                                            the call center;                                        such expenditures used during such plan year           continuation coverage election notice updated
                                              (5) the number of individuals who enroll in a         for the federally facilitated Exchange operated        under paragraph (1), the Secretary of Labor
                                            qualified health plan; and                              pursuant to section 1321(c) of the Patient Pro-        shall provide an opportunity for consumer test-
                                              (6) the percentage of individuals who enroll in       tection and Affordable Care Act (42 U.S.C.             ing of each such notice, as so updated, to ensure
                                            a qualified health plan through each of—                18041(c)) on outreach and enrollment activities,       that each such notice is clear and understand-
                                              (A) the website;                                      navigators, maintenance of Healthcare.gov, and         able to the average participant or beneficiary of
                                              (B) the call center;                                  operation of call centers.                             a group health plan.
                                              (C) navigators;                                       SEC. 113. IMPROVING AWARENESS OF HEALTH                   (d) DEFINITIONS.—In this subsection:
                                              (D) agents and brokers;                                           COVERAGE OPTIONS.                             (1) CONTINUATION COVERAGE.—The term ‘‘con-
                                              (E) the enrollment assistant program;                   (a) IN GENERAL.—Not later than 90 days after         tinuation coverage’’, with respect to a group
                                              (F) directly from issuers or web brokers; and         the date of the enactment of this Act, the Sec-        health plan, has the meaning given such term in
                                              (G) other means.                                      retary of Labor, in consultation with the Sec-         section 602 of the Employee Retirement Income
                                              (b) OPEN ENROLLMENT AFTER ACTION RE-                  retary of Health and Human Services, shall up-         Security Act of 1974 (29 U.S.C. 1162).
                                            PORT.—For plan year 2021 and each subsequent            date, and make publicly available in a promi-             (2) GROUP HEALTH PLAN.—The term ‘‘group
                                            year, the Secretary, in coordination with the           nent location on the website of the Department         health plan’’ has the meaning given such term
                                            Secretary of the Treasury and the Secretary of          of Labor, the model Consolidated Omnibus               in section 607 of such Act (29 U.S.C. 1167).
                                            Labor, shall publish an after action report not         Budget Reconciliation Act of 1985 (referred to in         (3)    QUALIFIED    BENEFICIARY.—The       term
                                            later than 3 months after the completion of the         this section as ‘‘COBRA’’) continuation cov-           ‘‘qualified beneficiary’’ has the meaning given
                                            annual open enrollment period regarding the             erage general notice and the model COBRA con-          such term in such section 607.
                                            performance of the Exchange described in sub-           tinuation coverage election notice developed by           (4) QUALIFIED HEALTH PLAN.—The term
                                            section (a) for the applicable plan year. Each          the Secretary of Labor for purposes of facili-         ‘‘qualified health plan’’ has the meaning given
                                            such report shall include a summary, including          tating compliance of group health plans with           such term in section 1301 of the Patient Protec-
                                            information on a State-by-State basis where             the notification requirements under section 606        tion and Affordable Care Act (42 U.S.C. 18021).
                                            available, of—                                          of the Employee Retirement Income Security Act         SEC. 114. PROMOTING STATE INNOVATIONS TO
                                              (1) the open enrollment data reported under           of 1974 (29 U.S.C. 1166). In updating each such                    EXPAND COVERAGE.
                                            subsection (a) for the entirety of the enrollment       notice, the Secretary of Labor shall include in-         (a) IN GENERAL.—Subject to subsection (d),
                                            period; and                                             formation regarding any Exchange established           the Secretary of Health and Human Services
                                              (2) activities related to patient navigators de-      under title I of the Patient Protection and Af-        shall award grants to eligible State agencies to
                                            scribed in section 1311(i) of the Patient Protec-       fordable Care Act (42 U.S.C. 18001 et seq.)            enable such States to explore innovative solu-
                                            tion and Affordable Care Act (42 U.S.C.                 through which a qualified beneficiary may be           tions to promote greater enrollment in health in-
                                            18031(i)), including—                                   eligible to enroll in a qualified health plan, in-     surance coverage in the individual and small
                                              (A) the performance objectives established by         cluding—                                               group markets, including activities described in
                                            the Secretary for such patient navigators;                 (1) the publicly accessible Internet website ad-    subsection (c).
                                              (B) the number of consumers enrolled by such          dress for such Exchange;                                  (b) ELIGIBILITY.—For purposes of subsection
                                            a patient navigator;                                       (2) the publicly accessible Internet website ad-    (a), eligible State agencies are Exchanges estab-
                                              (C) an assessment of how such patient naviga-         dress for the Find Local Help directory main-          lished by a State under title I of the Patient
                                            tors have met established performance metrics,          tained by the Department of Health and Human           Protection and Affordable Care Act (42 U.S.C.
                                            including a detailed list of all patient naviga-        Services on the healthcare.gov Internet website        18001 et seq.) and State agencies with primary
                                            tors, funding received by patient navigators,           (or a successor website);                              responsibility over health and human services
                                            and whether established performance objectives             (3) a clear explanation that—                       for the State involved.
                                            of patient navigators were met; and                        (A) an individual who is eligible for continu-         (c) USE OF FUNDS.—For purposes of sub-
                                              (D) with respect to the performance objectives        ation coverage may also be eligible to enroll,         section (a), the activities described in this sub-
                                            described in subparagraph (A)—                          with financial assistance, in a qualified health       section are the following:
                                              (i) whether such objectives assess the full           plan offered through such Exchange, but, in the           (1) State efforts to streamline health insurance
                                            scope of patient navigator responsibilities, in-        case that such individual elects to enroll in such     enrollment procedures in order to reduce bur-
                                            cluding general education, plan selection, and          continuation coverage and subsequently elects          dens on consumers and facilitate greater enroll-
                                            determination of eligibility for tax credits, cost-     to terminate such continuation coverage before         ment in health insurance coverage in the indi-
                                            sharing reductions, or other coverage;                  the period of such continuation coverage ex-           vidual and small group markets, including auto-
                                              (ii) how the Secretary worked with patient            pires, such individual will not be eligible to en-     matic enrollment and reenrollment of, or pre-
                                            navigators to establish such objectives; and            roll in a qualified health plan offered through        populated applications for, individuals without
                                              (iii) how the Secretary adjusted such objec-          such Exchange during a special enrollment pe-          health insurance who are eligible for tax credits
                                            tives for case complexity and other contextual          riod; and                                              under section 36B of the Internal Revenue Code
                                            factors.                                                   (B) an individual who elects to enroll in con-      of 1986, with the ability to opt out of such en-
                                              (c) REPORT ON ADVERTISING AND CONSUMER                tinuation coverage will remain eligible to enroll      rollment.




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                                            OUTREACH.—Not later than 3 months after the             in a qualified health plan offered through such           (2) State investment in technology to improve
                                            completion of the annual open enrollment pe-            Exchange during an open enrollment period and          data sharing and collection for the purposes of
                                            riod for plan year 2021, the Secretary shall issue      may be eligible for financial assistance with re-      facilitating greater enrollment in health insur-
                                            a report on advertising and outreach to con-            spect to enrolling in such a qualified health          ance coverage in such markets.
                                            sumers for the open enrollment period for plan          plan;                                                     (3) Implementation of a State version of an in-
                                            year 2021. Such report shall include a descrip-            (4) information on consumer protections with        dividual mandate to be enrolled in health insur-
                                            tion of—                                                respect to enrolling in a qualified health plan        ance coverage.




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                                            H2604                                              CONGRESSIONAL RECORD — HOUSE                                                              June 29, 2020
                                              (4) Feasibility studies to develop comprehen-         mentation, or as soon as possible thereafter,              (1) by striking ‘‘or an alien lawfully present in
                                            sive and coherent State plan for increasing en-         through mechanisms such as—                             the United States’’ and inserting ‘‘, an alien
                                            rollment in the individual and small group mar-            ‘‘(A) denying rates;                                 lawfully present in the United States, or a
                                            ket.                                                       ‘‘(B) modifying rates; or                            DACA recipient’’; and
                                              (d) FUNDING.—For purposes of carrying out                ‘‘(C) requiring rebates to consumers.                   (2) by adding at the end the following: ‘‘For
                                            this section, there is hereby appropriated, out of         ‘‘(5) NONCOMPLIANCE.—Failure to comply with
                                                                                                                                                            purposes of the previous sentence, the term
                                            any funds in the Treasury not otherwise appro-          any corrective action taken by the Secretary
                                                                                                                                                            ‘DACA recipient’ means an individual who was
                                            priated, $200,000,000 for each of the fiscal years      under this subsection may result in the applica-
                                                                                                                                                            granted deferred action pursuant to the De-
                                            2022 through 2024. Such amount shall remain             tion of civil monetary penalties under section
                                                                                                                                                            ferred Action for Childhood Arrivals Program
                                            available until expended.                               2723 and, if the Secretary determines appro-
                                                                                                                                                            announced in the memorandum of the Secretary
                                                                                                    priate, make the plan involved ineligible for
                                            SEC. 115. STRENGTHENING NETWORK ADEQUACY.                                                                       of Homeland Security dated June 15, 2012, and
                                                                                                    classification as a qualified health plan.’’.
                                              (a) IN GENERAL.—Section 1311(d) of the Pa-               (b) CLARIFICATION OF REGULATORY AUTHOR-              for whom such grant remains valid.’’.
                                            tient Protection and Affordable Care Act (42            ITY.—Such section is further amended—                      (b) APPLICATION OF REDUCED COST-SHARING.—
                                            U.S.C. 18031(d)) is amended by adding at the               (1) in subsection (a)—                               Section 1402(e)(2) of the Patient Protection and
                                            end the following new paragraph:                           (A) in the heading, by striking ‘‘PREMIUM’’          Affordable Care Act (42 U.S.C. 18071(e)(2)) is
                                               ‘‘(8) NETWORK ADEQUACY STANDARDS.—                   and inserting ‘‘RATE’’;                                 amended by adding at the end the following: ‘‘A
                                               ‘‘(A) CERTAIN EXCHANGES.—In the case of an              (B) in paragraph (1), by striking ‘‘unreason-        DACA recipient (as defined in section 1312(f)(3))
                                            Exchange operated by the Secretary pursuant             able increases in premiums’’ and inserting ‘‘po-        shall be treated as lawfully present for purposes
                                            section 1321(c)(1) or an Exchange described in          tentially excessive, unjustified, or unfairly dis-      of this section.’’
                                            section 155.200(f) of title 42, Code of Federal         criminatory rates, including premiums,’’; and              (c) ELIGIBILITY FOR ADVANCE PAYMENTS.—
                                            Regulations (or a successor regulation), the Ex-           (C) in paragraph (2)—                                Section 1412(d) of the Patient Protection and Af-
                                            change shall require each qualified health plan            (i) by striking ‘‘an unreasonable premium in-        fordable Care Act (42 U.S.C. 18082(d)) is amend-
                                            offered through such Exchange to meet such              crease’’ and inserting ‘‘a potentially excessive,       ed by adding at the end the following: ‘‘For
                                            quantitative network adequacy standards as the          unjustified, or unfairly discriminatory rate’’;         purposes of the previous sentence, a DACA re-
                                            Secretary may prescribe for purposes of this sub-          (ii) by striking ‘‘the increase’’ and inserting      cipient (as defined in section 1312(f)(3)) shall be
                                            paragraph.                                              ‘‘the rate’’; and                                       treated as lawfully present in the United
                                               ‘‘(B) STATE EXCHANGES.—In the case of an Ex-            (iii) by striking ‘‘such increases’’ and insert-
                                                                                                                                                            States.’’.
                                            change not described in subparagraph (A), the           ing ‘‘such rates’’; and
                                                                                                       (2) in subsection (b)—                                  (d) VERIFICATION OF ELIGIBILITY.—Section
                                            Exchange shall establish quantitative network              (A) by striking ‘‘premium increases’’ each           1411(c)(2)(B) of the Patient Protection and Af-
                                            adequacy standards with respect to qualified            place it appears and inserting ‘‘rates’’; and           fordable Care Act (42 U.S.C. 18081(c)(2)(B)) is
                                            health plans offered through such Exchange                 (B) in paragraph (2)(B), by striking ‘‘pre-          amended—
                                            and require such plans to meet such stand-              mium’’ and inserting ‘‘rate’’.                             (1) in clause (i)(I), by inserting ‘‘or a DACA
                                            ards.’’.                                                   (c) CONFORMING AMENDMENTS.—Title XXVII               recipient (as defined in section 1312(f)(3))’’ after
                                               (b) EFFECTIVE DATE.—The amendment made               of the Public Health Service Act (42 U.S.C. 300gg       ‘‘an alien lawfully present in the United
                                            by this section shall apply with respect to plan        et seq.) is amended—                                    States’’; and
                                            years beginning on or after January 1, 2022.               (1) in section 2723 (42 U.S.C. 300gg–22), as re-        (2) in clause (ii), by inserting ‘‘or a DACA re-
                                            SEC. 116. PROTECTING CONSUMERS FROM UN-                 designated by the Patient Protection and Af-            cipient (as defined in section 1312(f)(3))’’ after
                                                       REASONABLE RATE HIKES.                       fordable Care Act—                                      ‘‘an alien lawfully present in the United
                                              (a) PROTECTION FROM EXCESSIVE, UNJUSTI-                  (A) in subsection (a)—                               States’’.
                                            FIED, OR UNFAIRLY DISCRIMINATORY RATES.—                   (i) in paragraph (1), by inserting ‘‘and section
                                                                                                    2794’’ after ‘‘this part’’; and                            (e) APPLICATION OF TAX CREDIT FOR COV-
                                            The first section 2794 of the Public Health Serv-                                                               ERAGE UNDER A QUALIFIED HEALTH PLAN.—Sec-
                                            ice Act (42 U.S.C. 300gg–94), as added by section          (ii) in paragraph (2), by inserting ‘‘or section
                                                                                                    2794’’ after ‘‘this part’’; and                         tion 36B(e)(2) of the Internal Revenue Code of
                                            1003 of the Patient Protection and Affordable                                                                   1986 is amended by adding at the end the fol-
                                            Care Act (Public Law 111–148), is amended by               (B) in subsection (b)—
                                                                                                       (i) in paragraph (1), by inserting ‘‘and section     lowing: ‘‘A DACA recipient (as defined in sec-
                                            adding at the end the following new subsection:                                                                 tion 1312(f)(3) of the Patient Protection and Af-
                                               ‘‘(e) PROTECTION FROM EXCESSIVE, UNJUSTI-            2794’’ after ‘‘this part’’; and
                                                                                                       (ii) in paragraph (2)—                               fordable Care Act) shall be treated as lawfully
                                            FIED, OR UNFAIRLY DISCRIMINATORY RATES.—
                                                                                                       (I) in subparagraph (A), by inserting ‘‘or sec-      present for purposes of this section.’’.
                                               ‘‘(1) AUTHORITY OF STATES.—Nothing in this           tion 2794 that is’’ after ‘‘this part’’; and               (f) EFFECTIVE DATE.—The amendments made
                                            section shall be construed to prohibit a State             (II) in subparagraph (C)(ii), by inserting ‘‘or      by this section shall take effect on January 1,
                                            from imposing requirements (including require-          section 2794’’ after ‘‘this part’’; and                 2021.
                                            ments relating to rate review standards and pro-           (2) in section 2761 (42 U.S.C. 300gg–61)—
                                            cedures and information reporting) on health               (A) in subsection (a)—                               TITLE II—ENCOURAGING MEDICAID EX-
                                            insurance issuers with respect to rates that are           (i) in paragraph (1), by inserting ‘‘and section       PANSION AND STRENGTHENING THE
                                            in addition to the requirements of this section         2794’’ after ‘‘this part’’; and                           MEDICAID PROGRAM
                                            and are more protective of consumers than such             (ii) in paragraph (2)—                               SEC. 201. INCENTIVIZING MEDICAID EXPANSION.
                                            requirements.                                              (I) by inserting ‘‘or section 2794’’ after ‘‘set
                                                                                                    forth in this part’’; and                                 (a) IN GENERAL.—Section 1905(y)(1) of the So-
                                               ‘‘(2) CONSULTATION IN RATE REVIEW PROC-
                                                                                                       (II) by inserting ‘‘and section 2794’’ after ‘‘the   cial Security Act (42 U.S.C. 1396d(y)(1)) is
                                            ESS.—In carrying out this section, the Secretary
                                                                                                    requirements of this part’’; and                        amended—
                                            shall consult with the National Association of
                                            Insurance Commissioners and consumer groups.               (B) in subsection (b)—                                 (1) in subparagraph (A), by striking ‘‘2014,
                                               ‘‘(3) DETERMINATION OF WHO CONDUCTS RE-                 (i) by inserting ‘‘and section 2794’’ after ‘‘this   2015, and 2016’’ and inserting ‘‘each of the first
                                            VIEWS FOR EACH STATE.—The Secretary shall de-
                                                                                                    part’’; and                                             3 consecutive 12-month periods in which the
                                                                                                       (ii) by inserting ‘‘and section 2794’’ after         State provides medical assistance to newly eligi-
                                            termine, after the date of enactment of this sec-
                                                                                                    ‘‘part A’’.                                             ble individuals’’;
                                            tion and periodically thereafter, the following:                                            GRANDFATHERED
                                                                                                       (d)     APPLICABILITY      TO                          (2) in subparagraph (B), by striking ‘‘2017’’
                                               ‘‘(A) In which markets in each State the State       PLANS.—Section 1251(a)(4)(A) of the Patient
                                            insurance commissioner or relevant State regu-                                                                  and inserting ‘‘the fourth consecutive 12-month
                                                                                                    Protection and Affordable Care Act (Public Law          period in which the State provides medical as-
                                            lator shall undertake the corrective actions            111–148), as added by section 2301 of the Health
                                            under paragraph (4), based on the Secretary’s                                                                   sistance to newly eligible individuals’’;
                                                                                                    Care and Education Reconciliation Act of 2010             (3) in subparagraph (C), by striking ‘‘2018’’
                                            determination that the State regulator is ade-          (Public Law 111–152), is amended by adding at
                                            quately undertaking and utilizing such actions                                                                  and inserting ‘‘the fifth consecutive 12-month
                                                                                                    the end the following:                                  period in which the State provides medical as-
                                            in that market.                                            ‘‘(v) Section 2794 (relating to reasonableness
                                               ‘‘(B) In which markets in each State the Sec-                                                                sistance to newly eligible individuals’’;
                                                                                                    of rates with respect to health insurance cov-
                                            retary shall undertake the corrective actions                                                                     (4) in subparagraph (D), by striking ‘‘2019’’
                                                                                                    erage).’’.
                                            under paragraph (4), in cooperation with the               (e) AUTHORIZATION OF APPROPRIATIONS.—                and inserting ‘‘the sixth consecutive 12-month
                                            relevant State insurance commissioner or State          There are authorized to be appropriated to carry        period in which the State provides medical as-
                                            regulator, based on the Secretary’s determina-          out this Act such sums as may be necessary.             sistance to newly eligible individuals’’; and
                                            tion that the State is not adequately under-               (f) EFFECTIVE DATE.—The amendments made                (5) in subparagraph (E), by striking ‘‘2020 and
                                            taking and utilizing such actions in that mar-          by this section shall take effect on the date of        each year thereafter’’ and inserting ‘‘the sev-
                                            ket.                                                    enactment of this Act and shall be implemented          enth consecutive 12-month period in which the
                                               ‘‘(4) CORRECTIVE ACTION FOR EXCESSIVE, UN-           with respect to health plans beginning not later        State provides medical assistance to newly eligi-
                                                                                                                                                            ble individuals and each such period there-




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                                            JUSTIFIED,    OR    UNFAIRLY     DISCRIMINATORY         than January 1, 2022.
                                            RATES.—In accordance with the process estab-            SEC. 117. ELIGIBILITY OF DACA RECIPIENTS FOR            after’’.
                                            lished under this section, the Secretary or the                     QUALIFIED HEALTH PLANS OFFERED                (b) EFFECTIVE DATE.—Beginning on January
                                            relevant State insurance commissioner or State                      THROUGH EXCHANGES.                          1, 2022, the amendments made by subsection (a)
                                            regulator shall take corrective actions to ensure         (a) IN GENERAL.—Section 1312(f)(3) of the Pa-         shall take effect as if included in the enactment
                                            that any excessive, unjustified, or unfairly dis-       tient Protection and Affordable Care Act (42            of the Patient Protection and Affordable Care
                                            criminatory rates are corrected prior to imple-         U.S.C. 18032(f)(3)) is amended—                         Act (Public Law 111–148).




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                         H2605
                                            SEC. 202. PROVIDING 12-MONTHS OF CONTIN-                SEC.     203.MANDATORY     12-MONTHS     OF             provides such assistance to such individuals
                                                       UOUS ELIGIBILITY FOR MEDICAID                          POSTPARTUM     MEDICAID     ELIGI-            under such plan or waiver on the date of the en-
                                                       AND CHIP.                                              BILITY.
                                                                                                                                                            actment of this subsection.’’.
                                               (a) REQUIREMENT OF 12-MONTH CONTINUOUS                (a) EXTENDING CONTINUOUS MEDICAID AND                     (2) CHIP.—Section 2112 of the Social Security
                                            ENROLLMENT         UNDER       MEDICAID.—Section        CHIP   COVERAGE     FOR    PREGNANT     AND             Act (42 U.S.C. 1397ll), as amended by subsection
                                            1902(e)(12) of the Social Security Act (42 U.S.C.       POSTPARTUM WOMEN.—                                      (b), is further amended by adding at the end the
                                            1396a(e)(12)) is amended to read as follows:             (1) MEDICAID.—Title XIX of the Social Secu-            following subsection:
                                               ‘‘(12) 12-MONTH CONTINUOUS ENROLLMENT.—              rity Act (42 U.S.C. 1396 et seq.) is amended—              ‘‘(g) MAINTENANCE OF EFFORT.—For calendar
                                            Notwithstanding any other provision of this                (A) in section 1902(l)(1)(A), by striking ‘‘60-      quarters beginning on or after the effective date
                                            title, a State plan approved under this title (or       day period’’ and inserting ‘‘365-day period’’;          described in section 203(d) of the Patient Protec-
                                            under any waiver of such plan approved pursu-              (B) in section 1902(e)(6), by striking ‘‘60-day      tion and Affordable Care Enhancement Act, and
                                            ant to section 1115 or section 1915), shall provide     period’’ and inserting ‘‘365-day period’’;              before January 1, 2023, no payment may be
                                            that an individual who is determined to be eligi-          (C) in section 1903(v)(4)(A)(i), by striking ‘‘60-   made under section 2105(a) with respect to a
                                            ble for benefits under such plan (or waiver)            day period’’ and inserting ‘‘365-day period’’;          State child health plan if the State—
                                            shall remain eligible and enrolled for such bene-       and                                                        ‘‘(1) has in effect under such plan eligibility
                                            fits through the end of the month in which the             (D) in section 1905(a), in the 4th sentence in       standards, methodologies, or procedures for tar-
                                            12-month period (beginning on the date of deter-        the matter following paragraph (30), by striking        geted low-income pregnant women that are more
                                            mination of eligibility) ends.’’.                       ‘‘60-day period’’ and inserting ‘‘365-day pe-           restrictive than the eligibility standards, meth-
                                                                                                    riod’’.                                                 odologies, or procedures, respectively, under
                                               (b) REQUIREMENT OF 12-MONTH CONTINUOUS
                                                                                                       (2) CHIP.—Section 2112 of the Social Security        such plan that are in effect on the date of the
                                            ENROLLMENT UNDER CHIP.—
                                                                                                    Act (42 U.S.C. 1397ll) is amended by striking           enactment of this subsection; or
                                               (1) IN GENERAL.—Section 2102(b) of the Social        ‘‘60-day period’’ each place it appears and in-            ‘‘(2) provides pregnancy-related assistance to
                                            Security Act (42 U.S.C. 1397bb(b)) is amended by        serting ‘‘365-day period’’.                             targeted low-income pregnant women under
                                            adding at the end the following new paragraph:             (b) REQUIRING FULL BENEFITS FOR PREGNANT             such plan at a level that is less than the level
                                               ‘‘(6) REQUIREMENT FOR 12-MONTH CONTINUOUS            AND POSTPARTUM WOMEN.—                                  at which the State provides such assistance to
                                            ENROLLMENT.—Notwithstanding any other pro-                 (1) MEDICAID.—                                       such women under such plan on the date of the
                                            vision of this title, a State child health plan            (A) IN GENERAL.—Paragraph (5) of section             enactment of this subsection.’’.
                                            that provides child health assistance under this        1902(e) of the Social Security Act (24 U.S.C.              (d) EFFECTIVE DATE.—
                                            title through a means other than described in           1396a(e)) is amended to read as follows:                   (1) IN GENERAL.—Except as provided under
                                            section 2101(a)(2), shall provide that an indi-            ‘‘(5) Any woman who is eligible for medical          paragraph (2), the amendments made by sub-
                                            vidual who is determined to be eligible for bene-       assistance under the State plan or a waiver of          sections (a) and (b) shall take effect on (and the
                                            fits under such plan shall remain eligible and          such plan and who is, or who while so eligible          effective date described in this subsection shall
                                            enrolled for such benefits through the end of the       becomes, pregnant, shall continue to be eligible        be) the first day of the calendar quarter during
                                            month in which the 12-month period (beginning           under the plan or waiver for medical assistance         which the last day of the emergency period de-
                                            on the date of determination of eligibility)            through the end of the month in which the 365-          scribed in section 1135(g)(1)(B) of the Social Se-
                                            ends.’’.                                                day period (beginning on the last day of her            curity Act (42 U.S.C. 1320b–5(g)(1)(B)) occurs.
                                               (2)     CONFORMING        AMENDMENT.—Section         pregnancy) ends, regardless of the basis for the           (2) EXTENSION OF EFFECTIVE DATE FOR STATE
                                            2105(a)(4)(A) of the Social Security Act (42            woman’s eligibility for medical assistance, in-         LAW AMENDMENT.—In the case of a State plan
                                            U.S.C. 1397ee(a)(4)(A)) is amended—                     cluding if the woman’s eligibility for medical as-      under title XIX or State child health plan under
                                               (A) by striking ‘‘has elected the option of’’        sistance is on the basis of being pregnant.’’.          title XXI of the Social Security Act (42 U.S.C.
                                            and inserting ‘‘is in compliance with the re-              (B)      CONFORMING        AMENDMENT.—Section        1396 et seq.; 42 U.S.C. 1397aa et seq.) which the
                                            quirement for’’; and                                    1902(a)(10) of the Social Security Act (42 U.S.C.       Secretary of Health and Human Services deter-
                                               (B) by striking ‘‘applying such policy under         1396a(a)(10)) is amended in the matter following        mines requires State legislation (other than leg-
                                            its State child health plan under this title’’ and      subparagraph (G) by striking ‘‘(VII) the medical        islation appropriating funds) in order for the re-
                                            inserting ‘‘in compliance with section 2102(b)’’.       assistance’’ and all that follows through ‘‘com-        spective plan to meet the additional requirement
                                               (c) EFFECTIVE DATE.—                                 plicate pregnancy,’’.                                   imposed by the amendments made by subsection
                                                                                                       (2) CHIP.—Section 2107(e)(1) of the Social Se-       (a) or (b), respectively, the respective plan shall
                                               (1) IN GENERAL.—Except as provided in para-          curity Act (42 U.S.C. 1397gg(e)(1)) is amended—
                                            graph (2) or (3), the amendments made by sub-                                                                   not be regarded as failing to comply with the re-
                                                                                                       (A) by redesignating subparagraphs (H)               quirements of such title solely on the basis of its
                                            sections (a) and (b) shall apply to determina-          through (S) as subparagraphs (I) through (T),
                                            tions (and redeterminations) of eligibility made                                                                failure to meet such applicable additional re-
                                                                                                    respectively; and                                       quirement before the first day of the first cal-
                                            on or after the date that is 12 months after the           (B) by inserting after subparagraph (G), the
                                            last day of the emergency period described in                                                                   endar quarter beginning after the close of the
                                                                                                    following:                                              first regular session of the State legislature that
                                            section 1135(g)(1)(B) of the Social Security Act           ‘‘(H) Section 1902(e)(5) (requiring 365-day con-
                                            (42 U.S.C. 1320b–5(g)(1)(B)).                                                                                   begins after the date of enactment of this Act.
                                                                                                    tinuous coverage for pregnant and postpartum            For purposes of the previous sentence, in the
                                               (2) EXTENSION OF EFFECTIVE DATE FOR STATE            women).’’.                                              case of a State that has a 2-year legislative ses-
                                            LAW AMENDMENT.—In the case of a State plan                 (c) MAINTENANCE OF EFFORT.—                          sion, each year of the session is considered to be
                                            under title XIX or State child health plan under           (1) MEDICAID.—Section 1902 of the Social Se-         a separate regular session of the State legisla-
                                            title XXI of the Social Security Act (42 U.S.C.         curity Act (42 U.S.C. 1396a) is amended—                ture.
                                            1396 et seq.; 42 U.S.C. 1397aa et seq.) which the          (A) in paragraph (74), by striking ‘‘subsection      SEC. 204. REDUCING THE ADMINISTRATIVE FMAP
                                            Secretary of Health and Human Services deter-           (gg); and’’ and inserting ‘‘subsections (gg) and                    FOR NONEXPANSION STATES.
                                            mines requires State legislation (other than leg-       (qq);’’; and                                              Section 1903 of the Social Security Act (42
                                            islation appropriating funds) in order for the re-         (B) by adding at the end the following new           U.S.C. 1396b) is amended—
                                            spective plan to meet the additional requirement        subsection:                                               (1) in subsection (a)(7), by inserting ‘‘sub-
                                            imposed by the amendment made by subsection                ‘‘(qq) MAINTENANCE OF EFFORT RELATED TO              section (bb) and’’ before ‘‘section 1919(g)(3)(B)’’;
                                            (a) or (b), respectively, the respective plan shall     LOW-INCOME PREGNANT WOMEN.—For calendar                 and
                                            not be regarded as failing to comply with the re-       quarters beginning on or after the effective date         (2) by adding at the end the following new
                                            quirements of such title solely on the basis of its     described in section 203(d) of the Patient Protec-      subsection:
                                            failure to meet such applicable additional re-          tion and Affordable Care Enhancement Act, and             ‘‘(bb) REDUCTION OF FEDERAL PAYMENTS FOR
                                            quirement before the first day of the first cal-        before January 1, 2023, no Federal payment              CERTAIN ADMINISTRATIVE COSTS OF NONEXPAN-
                                            endar quarter beginning after the close of the          shall be made to a State under section 1903(a)          SION STATES.—
                                            first regular session of the State legislature that     for amounts expended under a State plan under             ‘‘(1) IN GENERAL.—In the case of a State that
                                            begins after the date of enactment of this Act.         this title or a waiver of such plan if the State—       does not provide under the State plan of such
                                            For purposes of the previous sentence, in the              ‘‘(1) has in effect under such plan eligibility      State (or waiver of such plan) for making med-
                                            case of a State that has a 2-year legislative ses-      standards, methodologies, or procedures for in-         ical assistance available in accordance with sec-
                                            sion, each year of the session is considered to be      dividuals described in subsection (l)(1) who are        tion 1902(k)(1) to all individuals described in
                                            a separate regular session of the State legisla-        eligible for medical assistance under the State         section 1902(a)(10)(i)(VIII) for a calendar quar-
                                            ture.                                                   plan       or     waiver       under      subsection    ter beginning on or after October 1, 2022, the
                                               (3) OPTION TO IMPLEMENT 12-MONTH CONTIN-             (a)(10)(A)(ii)(IX) that are more restrictive than       Secretary may reduce the percentage specified
                                            UOUS ELIGIBILITY PRIOR TO EFFECTIVE DATE.—A             the eligibility standards, methodologies, or pro-       in subsection (a)(7) for amounts described in
                                            State may elect through a State plan amend-             cedures, respectively, for such individuals under       such subsection expended during such quarter




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                                            ment under title XIX or XXI of the Social Secu-         such plan or waiver that are in effect on the           by such State by the number of percentage
                                            rity Act (42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa      date of the enactment of this subsection; or            points specified in paragraph (2) for such quar-
                                            et seq.) to apply the amendment made by sub-               ‘‘(2) provides medical assistance to individuals     ter.
                                            section (a) or (b), respectively, on any date prior     described in subsection (l)(1) who are eligible for       ‘‘(2) AMOUNT OF REDUCTION.—For purposes of
                                            to the date specified in paragraph (1), but not         medical assistance under such plan or waiver            paragraph (1), the number of percentage points
                                            sooner than the date of the enactment of this           under subsection (a)(10)(A)(ii)(IX) at a level          specified in this paragraph for a calendar quar-
                                            Act.                                                    that is less than the level at which the State          ter is the following:




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                                            H2606                                              CONGRESSIONAL RECORD — HOUSE                                                              June 29, 2020
                                              ‘‘(A) For the calendar quarter beginning on              ‘‘(C) A comprehensive listing of State income          ‘‘(aa) a physician that satisfies the criteria
                                            October 1, 2022, 0.5.                                   eligibility criteria for all mandatory and op-         specified in subclause (I) or (II); or
                                              ‘‘(B) For a calendar quarter beginning on or          tional Medicaid eligibility groups for which the          ‘‘(bb) a nurse practitioner or a physician as-
                                            after January 1, 2023, and ending before July 1,        State plan provides medical assistance (other          sistant (as such terms are defined in section
                                            2027, the number of percentage points specified         than with respect to individuals described in          1861(aa)(5)(A)) who is working in accordance
                                            under this paragraph for the previous quarter,          clause (i)(II), (ii)(VI), or (ii)(XXII) of section     with State law, or a certified nurse-midwife (as
                                            plus 0.5.                                               1902(a)(10)(A)).                                       defined in section 1861(gg)) who is working in
                                              ‘‘(C) For a calendar quarter beginning on or             ‘‘(D) The total amount of hospital uncompen-        accordance with State law;
                                            after July 1, 2027, 10.                                 sated-care costs and a breakdown of the source            ‘‘(IV) by a rural health clinic, Federally-
                                              ‘‘(3) DEFINITION.—For purposes of this sub-           of such costs, as well as a breakdown for rural        qualified health center, or other health clinic
                                            section, the term ‘State’ means a State that is         and non-rural hospitals.                               that receives reimbursement on a fee schedule
                                            one of the 50 States or the District of Colum-             ‘‘(4) PERCENTAGE DESCRIBED.—For purposes of         applicable to a physician, a nurse practitioner
                                            bia.’’.                                                 paragraph (1), a calendar quarter described in         or a physician assistant (as such terms are de-
                                            SEC.   205.   ENHANCED REPORTING REQUIRE-               this paragraph, with respect to a fiscal year,         fined in section 1861(aa)(5)(A)) who is working
                                                          MENTS   FOR    NONEXPANSION               and the percentage points described in this            in accordance with State law, or a certified
                                                          STATES.                                   paragraph for such quarter, with respect to a          nurse-midwife (as defined in section 1861(gg))
                                               Section 1903 of the Social Security Act (42          State, are—                                            who is working in accordance with State law,
                                            U.S.C. 1396b), as amended by section 204, is fur-          ‘‘(A) for the calendar quarter beginning on         for services furnished by a physician, nurse
                                            ther amended—                                           the April 1 occurring during such fiscal year, 0.5     practitioner, physician assistant, or certified
                                               (1) in subsection (a)(7), by striking ‘‘sub-         percentage points;                                     nurse-midwife, or services furnished by an ad-
                                            section (bb)’’ and inserting ‘‘subsections (bb)            ‘‘(B) for the calendar quarter beginning on         vanced practice clinician supervised by a physi-
                                            and (cc)’’; and                                         the July 1 occurring during such fiscal year, 1.0      cian described in subclause (I)(aa) or (II)(aa),
                                               (2) by adding at the end the following new           percentage point; and                                  another advanced practice clinician, or a cer-
                                            subsection:                                                ‘‘(C) for the calendar quarter beginning on         tified nurse-midwife; or
                                               ‘‘(cc) REDUCTION OF FEDERAL PAYMENTS FOR             the October 1 occurring during the subsequent             ‘‘(V) by a nurse practitioner or a physician
                                            CERTAIN ADMINISTRATIVE COSTS OF NONEXPAN-               fiscal year, 1.5 percentage points.                    assistant (as such terms are defined in section
                                            SION STATES THAT DO NOT SATISFY REPORTING                                                                      1861(aa)(5)(A)) who is working in accordance
                                                                                                       ‘‘(5) PAYMENT IN CASE OF REPORTING STATE.—
                                            REQUIREMENTS.—                                          The expenses incurred by a non-expansion               with State law, or a certified nurse-midwife (as
                                               ‘‘(1) IN GENERAL.—                                   State, with respect to any calendar quarter with       defined in section 1861(gg)) who is working in
                                               ‘‘(A) REDUCTION.—In the case of a nonexpan-                                                                 accordance with State law, in accordance with
                                                                                                    respect to a fiscal year (beginning with 2021),
                                            sion State, with respect to a fiscal year (begin-                                                              procedures that ensure that the portion of the
                                                                                                    for carrying out subparagraphs (A) through (C)
                                            ning with fiscal year 2023) that does not satisfy                                                              payment for such services that the nurse practi-
                                                                                                    of paragraph (2) shall, for purposes of section
                                            the reporting requirement under paragraph (2)                                                                  tioner, physician assistant, or certified nurse-
                                                                                                    1903(a)(7), be considered to be expenses nec-
                                            for such fiscal year, the percentage specified in                                                              midwife is paid is not less than the amount that
                                                                                                    essary for the proper and efficient administra-
                                            subsection (a)(7) for amounts described in such                                                                the nurse practitioner, physician assistant, or
                                                                                                    tion of the State plan under this title.
                                            subsection expended by such State during a cal-                                                                certified nurse-midwife would be paid if the
                                                                                                       ‘‘(6) NONEXPANION STATE DEFINED.—For pur-
                                            endar quarter described in paragraph (4) with                                                                  services were provided under part B of title
                                                                                                    poses of this subsection, the term ‘nonexpansion
                                            respect to such fiscal year, subject to subpara-                                                               XVIII;’’.
                                                                                                    State’ means, with respect to a fiscal year, a
                                            graph (B), shall be reduced by the number of                                                                      (2)     CONFORMING        AMENDMENTS.—Section
                                                                                                    State that as of the first quarter of such fiscal
                                            percentage points specified in paragraph (4) for                                                               1905(dd) of the Social Security Act (42 U.S.C.
                                                                                                    year does not provide under the State plan of
                                            the respective calendar quarter.                                                                               1396d(dd)) is amended—
                                                                                                    such State (or waiver of such plan) for making
                                               ‘‘(B) EXCEPTION.—In the case of a nonexpan-                                                                    (A) by striking ‘‘Notwithstanding’’ and insert-
                                                                                                    medical assistance available in accordance with
                                            sion State that is subject to a reduction under                                                                ing the following:
                                                                                                    section 1902(k)(1) to all individuals described in
                                            subparagraph (A) for the calendar quarter de-                                                                     ‘‘(1) IN GENERAL.—Notwithstanding’’;
                                                                                                    section 1902(a)(10)(i)(VIII).’’.
                                            scribed in paragraph (4)(A) with respect to a fis-                                                                (B) by inserting ‘‘or furnished during the ad-
                                                                                                    SEC. 206. PRIMARY CARE PAY INCREASE.
                                            cal year, if the State satisfies the criteria de-                                                              ditional period specified in paragraph (2),’’ after
                                            scribed in subparagraphs (A), (B), and (C) of             (a) RENEWAL OF PAYMENT FLOOR; ADDITIONAL
                                                                                                                                                           ‘‘2015,’’; and
                                            paragraph (2) (without regard to the dates spec-        PROVIDERS.—
                                                                                                                                                              (C) by adding at the end the following:
                                            ified in such subparagraph (A) and (C)) before            (1) IN GENERAL.—Section 1902(a)(13) of the So-          ‘‘(2) ADDITIONAL PERIOD.—For purposes of
                                            the beginning of a subsequent calendar quarter          cial Security Act (42 U.S.C. 1396a(a)(13)) is          paragraph (1), the additional period specified in
                                            described in paragraph (4) with respect to such         amended by striking subparagraph (C) and in-           this paragraph is the period that begins on the
                                            fiscal year, then such State shall not be subject       serting the following:                                 first day of the first month that begins one year
                                            to a reduction under subparagraph (A) for such             ‘‘(C) payment for primary care services (as de-     after the date of enactment of the Patient Pro-
                                            subsequent calendar quarter.                            fined in subsection (jj)) at a rate that is not less   tection and Affordable Care Enhancement
                                               ‘‘(2) REPORTING REQUIREMENT.—For purposes            than 100 percent of the payment rate that ap-          Act.’’.
                                            of paragraph (1), a nonexpansion State satisfies        plies to such services and physician under part           (b) IMPROVED TARGETING OF PRIMARY CARE.—
                                            the reporting requirement under this paragraph          B of title XVIII (or, if greater, the payment rate     Section 1902(jj) of the Social Security Act (42
                                            for a fiscal year, if the nonexpansion State—           that would be applicable under such part if the        U.S.C. 1396a(jj)) is amended—
                                               ‘‘(A) by not later than January 1 of such            conversion factor under section 1848(d) for the           (1) by redesignating paragraphs (1) and (2) as
                                            year, posts on the public website of the State          year involved were the conversion factor under         subparagraphs (A) and (B), respectively and re-
                                            agency administering the State plan, the infor-         such section for 2009), and that is not less than      aligning the left margins accordingly;
                                            mation described in paragraph (3) with respect          the rate that would otherwise apply to such               (2) by striking ‘‘For purposes of’’ and insert-
                                            to such State for the previous year;                    services under this title if the rate were deter-      ing the following:
                                               ‘‘(B) provides for at least a 30-day period for      mined without regard to this subparagraph, and            ‘‘(1) IN GENERAL.—For purposes of’’; and
                                            notice and comment on such information; and             that are—                                                 (3) by adding at the end the following:
                                               ‘‘(C) by not later than March 1 of such year,           ‘‘(i) furnished during 2013 and 2014, by a phy-        ‘‘(2) EXCLUSIONS.—Such term does not include
                                            submits to the Secretary a complete report in-          sician with a primary specialty designation of         any services described in subparagraph (A) or
                                            cluding such information, comments submitted            family medicine, general internal medicine, or         (B) of paragraph (1) if such services are pro-
                                            pursuant to subparagraph (B), and a response            pediatric medicine; or                                 vided in an emergency department of a hos-
                                            by the State to each such comment.                         ‘‘(ii) furnished during the period that begins      pital.’’.
                                               ‘‘(3) INFORMATION DESCRIBED.—The informa-            on the first day of the first month that begins           (c) ENSURING PAYMENT BY MANAGED CARE EN-
                                            tion described in this paragraph, with respect to       one year after the date of enactment of the Pa-        TITIES.—
                                            a State and year, is the following:                     tient Protection and Affordable Care Enhance-             (1) IN GENERAL.—Section 1903(m)(2)(A) of the
                                               ‘‘(A) The the estimated number of individuals        ment Act and ends September 30, 2024—                  Social Security Act (42 U.S.C. 1396b(m)(2)(A)) is
                                            who were uninsured for at least 6 months,                  ‘‘(I) by a physician with a primary specialty       amended—
                                            shown by age-groups of 0 to 18 years of age and         designation of family medicine, general internal          (A) in clause (xii), by striking ‘‘and’’ after the
                                            of 19 years of age to 64 years of age, as well as       medicine, or pediatric medicine, but only if the       semicolon;
                                            a detailed description of the basis for the esti-       physician self-attests that the physician is              (B) by realigning the left margin of clause
                                            mates.                                                  Board certified in family medicine, general in-        (xiii) so as to align with the left margin of
                                               ‘‘(B) The estimated number of the individuals        ternal medicine, or pediatric medicine;                clause (xii) and by striking the period at the end
                                            estimated under subparagraph (A) in the State              ‘‘(II) by a physician with a primary specialty      of clause (xiii) and inserting ‘‘; and’’; and




dlhill on DSK120RN23PROD with HOUSE
                                            who would be eligible for medical assistance            designation of obstetrics and gynecology, but             (C) by inserting after clause (xiii) the fol-
                                            under the State plan if the State were to make          only if the physician self-attests that the physi-     lowing:
                                            medical assistance under the State plan avail-          cian is Board certified in obstetrics and gyne-           ‘‘(xiv) such contract provides that (I) pay-
                                            able in accordance with section 1902(k)(1) to all       cology;                                                ments to providers specified in section
                                            individuals         described      in      section         ‘‘(III) by an advanced practice clinician, as       1902(a)(13)(C) for primary care services defined
                                            1902(a)(10)(i)(VIII), and a detailed description        defined by the Secretary, that works under the         in section 1902(jj) that are furnished during a
                                            of the basis for the estimates.                         supervision of—                                        year or period specified in section 1902(a)(13)(C)




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                            H2607
                                            and section 1905(dd) are at least equal to the               (1) IN GENERAL.—Section 2105(d)(3) of the So-            (2) in paragraph (3)(A)—
                                            amounts set forth and required by the Secretary           cial Security Act (42 U.S.C. 1397ee(d)(3)) is               (A) by striking ‘‘fiscal years 2024 through
                                            by regulation, (II) the entity shall, upon re-            amended—                                                 2026’’ and inserting ‘‘beginning with fiscal year
                                            quest, provide documentation to the State, suffi-            (A) in the paragraph heading, by striking             2024’’; and
                                            cient to enable the State and the Secretary to            ‘‘THROUGH SEPTEMBER 30, 2027’’; and                         (B) by striking ‘‘2023, or 2027’’ and inserting
                                            ensure compliance with subclause (I), and (III)              (B) in subparagraph (A), in the matter pre-           ‘‘, or 2023’’.
                                            the Secretary shall approve payments described            ceding clause (i)—                                       SEC. 209. STATE OPTION TO INCREASE CHIL-
                                            in subclause (I) that are furnished through an               (i) by striking ‘‘During the period that begins                  DREN’S ELIGIBILITY FOR MEDICAID
                                                                                                      on the date of enactment of the Patient Protec-                     AND CHIP.
                                            agreed upon capitation, partial capitation, or
                                            other value-based payment arrangement if the              tion and Affordable Care Act and ends on Sep-              Section 2110(b)(1)(B)(ii) of the Social Security
                                            capitation, partial capitation, or other value-           tember 30, 2027’’ and inserting ‘‘Beginning on           Act (42 U.S.C. 1397jj(b)(1)(B)(ii)) is amended—
                                                                                                      the date of the enactment of the Patient Protec-           (1) in subclause (II), by striking ‘‘or’’ at the
                                            based payment arrangement is based on a rea-
                                                                                                      tion and Affordable Care Act’’;                          end;
                                            sonable methodology and the entity provides
                                                                                                         (ii) by striking ‘‘During the period that begins        (2) in subclause (III), by striking ‘‘and’’ at the
                                            documentation to the State sufficient to enable
                                                                                                      on October 1, 2019, and ends on September 30,            end and inserting ‘‘or’’; and
                                            the State and the Secretary to ensure compli-                                                                        (3) by inserting after subclause (III) the fol-
                                            ance with subclause (I).’’.                               2027’’ and inserting ‘‘Beginning on October 1,
                                                                                                                                                               lowing new subclause:
                                               (2) CONFORMING AMENDMENT.—Section 1932(f)              2019’’; and                                                ‘‘(IV) at the option of the State, whose family
                                            of the Social Security Act (42 U.S.C. 1396u–2(f))            (iii) by striking ‘‘The preceding sentences
                                                                                                                                                               income exceeds the maximum income level other-
                                            is amended by inserting ‘‘and clause (xiv) of sec-        shall not be construed as preventing a State
                                                                                                                                                               wise established for children under the State
                                            tion 1903(m)(2)(A)’’ before the period.                   during any such periods from’’ and inserting
                                                                                                                                                               child health plan as of the date of the enact-
                                            SEC. 207. PERMANENT FUNDING FOR CHIP.                     ‘‘The preceding sentences shall not be construed
                                                                                                                                                               ment of this subclause; and’’.
                                              (a) IN GENERAL.—Section 2104(a) of the Social           as preventing a State from’’.
                                                                                                                                                               SEC. 210. MEDICAID COVERAGE FOR CITIZENS OF
                                            Security Act (42 U.S.C. 1397dd(a)) is amended—               (2)     CONFORMING        AMENDMENTS.—Section
                                                                                                                                                                           FREELY ASSOCIATED STATES.
                                               (1) in paragraph (26), by inserting at the end         1902(gg)(2) of the Social Security Act (42 U.S.C.
                                                                                                                                                                 (a) IN GENERAL.—Section 402(b)(2) of the Per-
                                            ‘‘and’’;                                                  1396a(gg)(2)) is amended—
                                                                                                                                                               sonal Responsibility and Work Opportunity
                                               (2) by amending paragraph (27) to read as fol-            (A) in the paragraph heading, by striking
                                                                                                                                                               Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2)) is
                                            lows:                                                     ‘‘THROUGH SEPTEMBER 30, 2027’’; and
                                                                                                                                                               amended by adding at the end the following
                                               ‘‘(27) for each fiscal year beginning with fiscal         (B) by striking ‘‘through September 30’’ and
                                                                                                                                                               new subparagraph:
                                            year 2024, such sums as are necessary to fund             all that follows through ‘‘ends on September 30,           ‘‘(G) MEDICAID EXCEPTION FOR CITIZENS OF
                                            allotments to States under subsections (c) and            2027’’ and inserting ‘‘(but beginning on October         FREELY ASSOCIATED STATES.—With respect to eli-
                                            (m).’’; and                                               1, 2019,’’.                                              gibility for benefits for the designated Federal
                                               (3) by striking paragraph (28).                           (d) QUALIFYING STATES OPTION.—Section
                                                                                                                                                               program defined in paragraph (3)(C) (relating to
                                               (b) IN GENERAL.—Section 2104(a)(28) of the So-         2105(g)(4) of the Social Security Act (42 U.S.C.
                                                                                                                                                               the Medicaid program), section 401(a) and para-
                                            cial Security Act (42 U.S.C. 1397dd(a)(28)) is            1397ee(g)(4)) is amended—
                                                                                                                                                               graph (1) shall not apply to any individual who
                                            amended to read as follows:                                  (1) in the paragraph heading, by striking
                                                                                                                                                               lawfully resides in 1 of the 50 States or the Dis-
                                               ‘‘(28) for fiscal year 2027 and each subsequent        ‘‘FOR FISCAL YEARS 2009 THROUGH 2027’’ and in-
                                                                                                                                                               trict of Columbia in accordance with the Com-
                                            year, such sums as are necessary to fund allot-           serting ‘‘AFTER FISCAL YEAR 2008’’; and
                                                                                                                                                               pacts of Free Association between the Govern-
                                            ments to States under subsections (c) and (m).’’.            (2) in subparagraph (A), by striking ‘‘for any
                                                                                                                                                               ment of the United States and the Governments
                                               (c) ALLOTMENTS.—                                       of fiscal years 2009 through 2027’’ and inserting
                                                                                                                                                               of the Federated States of Micronesia, the Re-
                                               (1) IN GENERAL.—Section 2104(m) of the Social          ‘‘for any fiscal year after fiscal year 2008’’.
                                                                                                                                                               public of the Marshall Islands, and the Republic
                                            Security Act (42 U.S.C. 1397dd(m)) is amended—               (e) OUTREACH AND ENROLLMENT PROGRAM.—
                                                                                                                                                               of Palau and shall not apply, at the option of
                                               (A) in paragraph (2)(B)(i), by striking ‘‘,,           Section 2113 of the Social Security Act (42 U.S.C.
                                                                                                                                                               the Governor of Puerto Rico, the Virgin Islands,
                                            2023, and 2027’’ and inserting ‘‘and 2023’’;              1397mm) is amended—
                                                                                                                                                               Guam, the Northern Mariana Islands, or Amer-
                                               (B) in paragraph (7)—                                     (1) in subsection (a)—
                                                                                                         (A) in paragraph (1), by striking ‘‘during the        ican Samoa as communicated to the Secretary of
                                               (i) in subparagraph (A), by striking ‘‘and end-
                                                                                                      period of fiscal years 2009 through 2027’’ and in-       Health and Human Services in writing, to any
                                            ing with fiscal year 2027,’’; and
                                                                                                      serting ‘‘, beginning with fiscal year 2009,’’;          individual who lawfully resides in the respective
                                               (ii) in the flush left matter at the end, by
                                                                                                         (B) in paragraph (2)—                                 territory in accordance with such Compacts.’’.
                                            striking ‘‘or fiscal year 2026’’ and inserting ‘‘fis-
                                                                                                                                                                 (b) EXCEPTION TO 5–YEAR LIMITED ELIGI-
                                            cal year 2026, or a subsequent even-numbered                 (i) by striking ‘‘10 percent of such amounts’’
                                                                                                                                                               BILITY.—Section 403(d) of such Act (8 U.S.C.
                                            fiscal year’’;                                            and inserting ‘‘10 percent of such amounts for
                                                                                                                                                               1613(d)) is amended—
                                               (C) in paragraph (9)—                                  the period or the fiscal year for which such
                                                                                                                                                                 (1) in paragraph (1), by striking ‘‘or’’ at the
                                               (i) by striking ‘‘(10), or (11)’’ and inserting ‘‘or   amounts are appropriated’’; and
                                                                                                                                                               end;
                                            (10)’’; and                                                  (ii) by striking ‘‘during such period’’ and in-         (2) in paragraph (2), by striking the period at
                                               (ii) by striking ‘‘2023, or 2027,’’ and inserting      serting ‘‘, during such period or such fiscal            the end and inserting ‘‘; or’’; and
                                            ‘‘or 2023’’; and                                          year,’’; and                                               (3) by adding at the end the following new
                                               (D) by striking paragraph (11).                           (C) in paragraph (3), by striking ‘‘For the pe-       paragraph:
                                               (2)      CONFORMING         AMENDMENT.—Section         riod of fiscal years 2024 through 2027, an                 ‘‘(3) an individual described in section
                                            50101(b)(2) of the Bipartisan Budget Act of 2018          amount equal to 10 percent of such amounts’’             402(b)(2)(G), but only with respect to the des-
                                            (Public Law 115–123) is repealed.                         and inserting ‘‘Beginning with fiscal year 2024,         ignated Federal program defined in section
                                            SEC. 208. PERMANENT EXTENSION OF CHIP EN-                 an amount equal to 10 percent of such amounts            402(b)(3)(C).’’.
                                                        ROLLMENT AND QUALITY MEAS-                    for the period or the fiscal year for which such           (c) DEFINITION OF QUALIFIED ALIEN.—Section
                                                        URES.                                         amounts are appropriated’’; and                          431(b) of such Act (8 U.S.C. 1641(b)) is amend-
                                              (a) PEDIATRIC QUALITY MEASURES PRO-                        (2) in subsection (g)—                                ed—
                                            GRAM.—Section 1139A(i)(1) of the Social Security             (A) by striking ‘‘2017,,’’ and inserting ‘‘2017,’’;     (1) in paragraph (6), by striking ‘‘; or’’ at the
                                            Act (42 U.S.C. 1320b–9a(i)(1)) is amended—                   (B) by striking ‘‘and $48,000,000’’ and insert-       end and inserting a comma;
                                               (1) in subparagraph (C), by striking at the end        ing ‘‘$48,000,000’’; and                                   (2) in paragraph (7), by striking the period at
                                            ‘‘and’’;                                                     (C) by inserting after ‘‘through 2027’’ the fol-      the end and inserting ‘‘, or’’; and
                                               (2) in subparagraph (D), by striking the pe-           lowing: ‘‘, $12,000,000 for fiscal year 2028, and,         (3) by adding at the end the following new
                                            riod at the end and insert a semicolon; and               for each fiscal year after fiscal year 2028, the         paragraph:
                                               (3) by adding at the end the following new             amount appropriated under this subsection for              ‘‘(8) an individual who lawfully resides in the
                                            subparagraphs:                                            the previous fiscal year, increased by the per-          United States in accordance with a Compact of
                                               ‘‘(E) for fiscal year 2028, $15,000,000 for the        centage increase in the consumer price index for         Free Association referred to in section
                                            purpose of carrying out this section (other than          all urban consumers (all items; United States            402(b)(2)(G), but only with respect to the des-
                                            subsections (e), (f), and (g)); and                       city average) over such previous fiscal year’’.          ignated Federal program defined in section
                                               ‘‘(F) for a subsequent fiscal year, the amount            (f) CHILD ENROLLMENT CONTINGENCY FUND.—               402(b)(3)(C) (relating to the Medicaid pro-
                                            appropriated under this paragraph for the pre-            Section 2104(n) of the Social Security Act (42           gram).’’.
                                            vious fiscal year, increased by the percentage            U.S.C. 1397dd(n)) is amended—                              (d) APPLICATION TO STATE PLANS.—Section
                                            increase in the consumer price index for all                 (1) in paragraph (2)—                                 1902(a)(10)(A)(i) of the Social Security Act (42
                                            urban consumers (all items; United States city               (A) in subparagraph (A)(ii)—                          U.S.C. 1396a(a)(10)(A)(i)) is amended by insert-
                                            average) over such previous fiscal year, for the             (i) by striking ‘‘and 2024 through 2026’’ and         ing after subclause (IX) the following:
                                            purpose of carrying out this section (other than          inserting ‘‘beginning with fiscal year 2024’’; and         ‘‘(X) who are described in section 402(b)(2)(G)




dlhill on DSK120RN23PROD with HOUSE
                                            subsections (e), (f), and (g)).’’.                           (ii) by striking ‘‘2023, and 2027’’ and inserting     of the Personal Responsibility and Work Oppor-
                                               (b) EXPRESS LANE ELIGIBILITY OPTION.—Sec-              ‘‘, and 2023’’; and                                      tunity Reconciliation Act of 1996 and eligible for
                                            tion 1902(e)(13) of the Social Security Act (42              (B) in subparagraph (B)—                              benefits under this title by reason of application
                                            U.S.C. 1396a(e)(13)) is amended by striking sub-             (i) by striking ‘‘2024 through 2026’’ and insert-     of such section;’’.
                                            paragraph (I).                                            ing ‘‘beginning with fiscal year 2024’’; and               (e) CONFORMING AMENDMENTS.—Section 1108
                                               (c) ASSURANCE OF AFFORDABILITY STANDARD                   (ii) by striking ‘‘2023, and 2027’’ and inserting     of the Social Security Act (42 U.S.C. 1308) is
                                            FOR CHILDREN AND FAMILIES.—                               ‘‘, and 2023’’; and                                      amended—




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                                            H2608                                              CONGRESSIONAL RECORD — HOUSE                                                             June 29, 2020
                                               (1) in subsection (f), in the matter preceding        TITLE III—LOWERING PRICES THROUGH                        ‘‘(i) an individual who is entitled to benefits
                                            paragraph (1), by striking ‘‘subsections (g) and            FAIR DRUG PRICE NEGOTIATION                        under part A of title XVIII or enrolled under
                                            (h) and section 1935(e)(1)(B)’’ and inserting           SEC. 301. ESTABLISHING A FAIR DRUG PRICING             part B of such title if such selected drug is cov-
                                            ‘‘subsections (g), (h), and (i) and section                         PROGRAM.                                   ered under the respective part; and
                                            1935(e)(1)(B)’’; and                                      (a) PROGRAM TO LOWER PRICES FOR CERTAIN                 ‘‘(ii) an individual who is enrolled under a
                                               (2) by adding at the end the following:              HIGH-PRICED SINGLE SOURCE DRUGS.—Title XI              group health plan or health insurance coverage
                                               ‘‘(i) EXCLUSION OF MEDICAL ASSISTANCE EX-            of the Social Security Act (42 U.S.C. 1301 et seq.)    offered in the group or individual market (as
                                            PENDITURES FOR CITIZENS OF FREELY ASSOCI-               is amended by adding at the end the following          such terms are defined in section 2791 of the
                                            ATED STATES.—Expenditures for medical assist-           new part:                                              Public Health Service Act) with respect to which
                                            ance provided to an individual described in sec-        ‘‘PART E—FAIR PRICE NEGOTIATION PRO-                   there is in effect an agreement with the Sec-
                                            tion 431(b)(8) of the Personal Responsibility and          GRAM TO LOWER PRICES FOR CERTAIN                    retary under section 1197 with respect to such
                                            Work Opportunity Reconciliation Act of 1996 (8             HIGH-PRICED SINGLE SOURCE DRUGS                     selected drug as so furnished or administered.
                                            U.S.C. 1641(b)(8)) shall not be taken into ac-                                                                    ‘‘(2) MAXIMUM FAIR PRICE.—The term ‘max-
                                                                                                    ‘‘SEC. 1191. ESTABLISHMENT OF PROGRAM.
                                            count for purposes of applying payment limits                                                                  imum fair price’ means, with respect to a plan
                                            under subsections (f) and (g).’’.                          ‘‘(a) IN GENERAL.—The Secretary shall estab-        year during a price applicability period and
                                               (f) EFFECTIVE DATE.—The amendments made              lish a Fair Price Negotiation Program (in this         with respect to a selected drug (as defined in
                                            by this section shall apply to benefits for items       part referred to as the ‘program’). Under the          section 1192(c)) with respect to such period, the
                                            and services furnished on or after the date of          program, with respect to each price applicability      price published pursuant to section 1195 in the
                                            the enactment of this Act.                              period, the Secretary shall—                           Federal Register for such drug and year.
                                                                                                       ‘‘(1) publish a list of selected drugs in accord-      ‘‘(3) AVERAGE INTERNATIONAL MARKET PRICE
                                            SEC. 211. EXTENSION OF FULL FEDERAL MEDICAL
                                                         ASSISTANCE PERCENTAGE TO IN-
                                                                                                    ance with section 1192;                                DEFINED.—
                                                         DIAN HEALTH CARE PROVIDERS.                   ‘‘(2) enter into agreements with manufacturers
                                                                                                                                                              ‘‘(A) IN GENERAL.—The terms ‘average inter-
                                                                                                    of selected drugs with respect to such period, in
                                              (a) IN GENERAL.—Section 1905 of the Social                                                                   national market price’ and ‘AIM price’ mean,
                                                                                                    accordance with section 1193;
                                            Security Act (42 U.S.C. 1396d) is amended—                                                                     with respect to a drug, the average price (which
                                                                                                       ‘‘(3) negotiate and, if applicable, renegotiate
                                               (1) in subsection (a), by amending paragraph                                                                shall be the net average price, if practicable,
                                                                                                    maximum fair prices for such selected drugs, in
                                            (9) to read as follows:                                                                                        and volume-weighted, if practicable) for a unit
                                                                                                    accordance with section 1194; and
                                               ‘‘(9) clinic services furnished by or under the                                                             (as defined in paragraph (4)) of the drug for
                                                                                                       ‘‘(4) carry out the administrative duties de-
                                            direction of a physician, without regard to                                                                    sales of such drug (calculated across different
                                                                                                    scribed in section 1196.
                                            whether the clinic itself is administered by a             ‘‘(b) DEFINITIONS RELATING TO TIMING.—For           dosage forms and strengths of the drug and not
                                            physician, including—                                   purposes of this part:                                 based on the specific formulation or package
                                               ‘‘(A) such services furnished outside the clinic        ‘‘(1) INITIAL PRICE APPLICABILITY YEAR.—The         size or package type), as computed (as of the
                                            by clinic personnel to an eligible individual who       term ‘initial price applicability year’ means a        date of publication of such drug as a selected
                                            does not reside in a permanent dwelling or does         plan year (beginning with plan year 2023) or, if       drug under section 1192(a)) in all countries de-
                                            not have a fixed home or mailing address; and           agreed to in an agreement under section 1193 by        scribed in clause (ii) of subparagraph (B) that
                                               ‘‘(B) such services provided outside the clinic      the Secretary and manufacturer involved, a pe-         are applicable countries (as described in clause
                                            on the basis of a referral from a clinic adminis-       riod of more than one plan year (beginning on          (i) of such subparagraph) with respect to such
                                            tered by an Indian Health Program (as defined           or after January 1, 2023).                             drug.
                                            in paragraph (12) of section 4 of the Indian               ‘‘(2) PRICE APPLICABILITY PERIOD.—The term             ‘‘(B) APPLICABLE COUNTRIES.—
                                            Health Care Improvement Act, or an Urban In-            ‘price applicability period’ means, with respect          ‘‘(i) IN GENERAL.—For purposes of subpara-
                                            dian Organization as defined in paragraph (29)          to a drug, the period beginning with the initial       graph (A), a country described in clause (ii) is
                                            of section 4 of such Act that has a grant or con-       price applicability year with respect to which         an applicable country described in this clause
                                            tract with the Indian Health Service under title        such drug is a selected drug and ending with           with respect to a drug if there is available an
                                            V of such Act;’’.                                       the last plan year during which the drug is a se-      average price for any unit for the drug for sales
                                               (2) in subsection (b), by inserting after ‘‘(as      lected drug.                                           of such drug in such country.
                                            defined in section 4 of the Indian Health Care             ‘‘(3) SELECTED DRUG PUBLICATION DATE.—The              ‘‘(ii) COUNTRIES DESCRIBED.—For purposes of
                                            Improvement Act)’’ the following: ‘‘; the Federal       term ‘selected drug publication date’ means,           this paragraph, the following are countries de-
                                            medical assistance percentage shall also be 100         with respect to each initial price applicability       scribed in this clause:
                                            per centum with respect to amounts expended as          year, April 15 of the plan year that begins 2             ‘‘(I) Australia.
                                            medical assistance for services which are re-           years prior to such year.                                 ‘‘(II) Canada.
                                            ceived through an Urban Indian organization                ‘‘(4) VOLUNTARY NEGOTIATION PERIOD.—The                ‘‘(III) France.
                                            (as defined in section 4 of the Indian Health           term ‘voluntary negotiation period’ means, with           ‘‘(IV) Germany.
                                            Care Improvement Act) that has a grant or con-                                                                    ‘‘(V) Japan.
                                                                                                    respect to an initial price applicability year with
                                            tract with the Indian Health Service under title                                                                  ‘‘(VI) The United Kingdom.
                                                                                                    respect to a selected drug, the period—
                                            V of such Act’’.                                                                                                  ‘‘(4) UNIT.—The term ‘unit’ means, with re-
                                                                                                       ‘‘(A) beginning on the sooner of—
                                               (b) EXTENSION OF FULL FEDERAL MEDICAL AS-               ‘‘(i) the date on which the manufacturer of         spect to a drug, the lowest identifiable quantity
                                            SISTANCE PERCENTAGE TO SERVICES FURNISHED               the drug and the Secretary enter into an agree-        (such as a capsule or tablet, milligram of mol-
                                            BY NATIVE HAWAIIAN HEALTH CARE SYSTEMS.—                ment under section 1193 with respect to such           ecules, or grams) of the drug that is dispensed.
                                               (1) IN GENERAL.—Beginning on the date of en-         drug; or                                               ‘‘SEC. 1192. SELECTION OF NEGOTIATION-ELIGI-
                                            actment of this Act—                                                                                                        BLE DRUGS AS SELECTED DRUGS.
                                                                                                       ‘‘(ii) June 15 following the selected drug publi-
                                               (A) for purposes of section 1905(a)(9) of the        cation date with respect to such selected drug;           ‘‘(a) IN GENERAL.—Not later than the selected
                                            Social Security Act (42 U.S.C. 1396d(a)(9)), serv-      and                                                    drug publication date with respect to an initial
                                            ices described in subsection (b) that are fur-             ‘‘(B) ending on March 31 of the year that be-       price applicability year, subject to subsection
                                            nished in any location shall be deemed to be            gins one year prior to the initial price applica-      (h), the Secretary shall select and publish in the
                                            clinic services; and                                    bility year.                                           Federal Register a list of—
                                               (B) notwithstanding section 1905(b) of the So-          ‘‘(c) OTHER DEFINITIONS.—For purposes of               ‘‘(1)(A) with respect to an initial price appli-
                                            cial Security Act (42 U.S.C. 1396d(b)), the Fed-        this part:                                             cability year during 2023, at least 25 negotia-
                                            eral medical assistance percentage with respect            ‘‘(1) FAIR PRICE ELIGIBLE INDIVIDUAL.—The           tion-eligible drugs described in subparagraphs
                                            to amounts expended as medical assistance for           term ‘fair price eligible individual’ means, with      (A) and (B), but not subparagraph (C), of sub-
                                            such services shall be 100 percent.                     respect to a selected drug—                            section (d)(1) (or, with respect to an initial price
                                               (2) SERVICES DESCRIBED.—The services de-                ‘‘(A) in the case such drug is furnished or dis-    applicability year during such period beginning
                                            scribed in this subsection are services for which       pensed to the individual at a pharmacy or by a         after 2023, the maximum number (if such number
                                            payment is available under the State plan under         mail order service—                                    is less than 25) of such negotiation-eligible drugs
                                            title XIX of the Social Security Act (42 U.S.C.            ‘‘(i) an individual who is enrolled under a         for the year) with respect to such year; and
                                            1396 et seq.) of Hawaii (or any waiver of such          prescription drug plan under part D of title              ‘‘(B) with respect to an initial price applica-
                                            plan) that—                                             XVIII or an MA–PD plan under part C of such            bility year during 2024 or a subsequent year, at
                                               (A) are furnished on or after the date of en-        title if coverage is provided under such plan for      least 50 negotiation-eligible drugs described in
                                            actment of this Act;                                    such selected drug; and                                subparagraphs (A) and (B), but not subpara-
                                               (B) are furnished to an individual who—                 ‘‘(ii) an individual who is enrolled under a        graph (C), of subsection (d)(1) (or, with respect
                                               (i) is a Native Hawaiian; and                        group health plan or health insurance coverage         to an initial price applicability year during such
                                               (ii) is eligible for medical assistance under        offered in the group or individual market (as          period, the maximum number (if such number is
                                            such plan; and                                          such terms are defined in section 2791 of the          less than 50) of such negotiation-eligible drugs




dlhill on DSK120RN23PROD with HOUSE
                                               (C) are furnished by an Indian health care           Public Health Service Act) with respect to which       for the year) with respect to such year;
                                            provider (as such term is defined in section            there is in effect an agreement with the Sec-             ‘‘(2) all negotiation-eligible drugs described in
                                            1932(h)(4)(A) of the Social Security Act (42            retary under section 1197 with respect to such         subparagraph (C) of such subsection with re-
                                            U.S.C. 1396u–2(h)(4)(A)) or a Native Hawaiian           selected drug as so furnished or dispensed; and        spect to such year; and
                                            health care system (without regard to whether              ‘‘(B) in the case such drug is furnished or ad-        ‘‘(3) all new-entrant negotiation-eligible drugs
                                            such services are furnished through an Indian           ministered to the individual by a hospital, phy-       (as defined in subsection (g)(1)) with respect to
                                            Health Service facility).                               sician, or other provider of services or supplier—     such year.




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                        H2609
                                            Each drug published on the list pursuant to the         shall publish in the Federal Register a list of ne-    selected drug publication date, based on the pro-
                                            previous sentence shall be subject to the nego-         gotiation-eligible drugs with respect to such se-      jected spending under title XVIII or in the
                                            tiation process under section 1194 for the vol-         lected drug publication date.                          United States on such drug. For purposes of this
                                            untary negotiation period with respect to such             ‘‘(e) QUALIFYING SINGLE SOURCE DRUG.—For            paragraph the term ‘United States’ includes the
                                            initial price applicability year (and the renegoti-     purposes of this part, the term ‘qualifying single     50 States, the District of Columbia, and the ter-
                                            ation process under such section as applicable          source drug’ means any of the following:               ritories of the United States.
                                            for any subsequent year during the applicable              ‘‘(1) DRUG PRODUCTS.—A drug that—                      ‘‘(h) CONFLICT OF INTEREST.—
                                            price applicability period). In applying this sub-         ‘‘(A) is approved under section 505(c) of the          ‘‘(1) IN GENERAL.—In the case the Inspector
                                            section, any negotiation-eligible drug that is se-      Federal Food, Drug, and Cosmetic Act and con-          General of the Department of Health and
                                            lected under this subsection for an initial price       tinues to be marketed pursuant to such ap-             Human Services determines the Secretary has a
                                            applicability year shall not count toward the re-       proval; and                                            conflict, with respect to a matter described in
                                            quired minimum amount of drugs to be selected              ‘‘(B) is not the listed drug for any drug that      paragraph (2), the individual described in para-
                                            under paragraph (1) for any subsequent year,            is approved and continues to be marketed under         graph (3) shall carry out the duties of the Sec-
                                            including such a drug so selected that is subject       section 505(j) of such Act.                            retary under this part, with respect to a nego-
                                            to renegotiation under section 1194.                       ‘‘(2) BIOLOGICAL PRODUCTS.—A biological             tiation-eligible drug, that would otherwise be
                                               ‘‘(b) SELECTION OF DRUGS.—In carrying out            product that—                                          such a conflict.
                                            subsection (a)(1) the Secretary shall select for           ‘‘(A) is licensed under section 351(a) of the          ‘‘(2) MATTER DESCRIBED.—A matter described
                                            inclusion on the published list described in sub-       Public Health Service Act, including any prod-         in this paragraph is—
                                            section (a) with respect to a price applicability       uct that has been deemed to be licensed under             ‘‘(A) a financial interest (as described in sec-
                                            period, the negotiation-eligible drugs that the         section 351 of such Act pursuant to section            tion 2635.402 of title 5, Code of Federal Regula-
                                            Secretary projects will result in the greatest sav-     7002(e)(4) of the Biologics Price Competition and      tions (except for an interest described in sub-
                                            ings to the Federal Government or fair price eli-       Innovation Act of 2009, and continues to be            section (b)(2)(iv) of such section)) on the date of
                                            gible individuals during the price applicability        marketed under section 351 of such Act; and            the selected drug publication date, with respect
                                            period. In making this projection of savings for           ‘‘(B) is not the reference product for any bio-     the price applicability year (as applicable);
                                            drugs for which there is an AIM price for a             logical product that is licensed and continues to         ‘‘(B) a personal or business relationship (as
                                            price applicability period, the savings shall be        be marketed under section 351(k) of such Act.          described in section 2635.502 of such title) on the
                                            projected across different dosage forms and                ‘‘(3)   INSULIN     PRODUCT.—Notwithstanding
                                                                                                                                                           date of the selected drug publication date, with
                                            strengths of the drugs and not based on the spe-        paragraphs (1) and (2), any insulin product that       respect the price applicability year;
                                            cific formulation or package size or package            is approved under subsection (c) or (j) of section        ‘‘(C) employment by a manufacturer of a ne-
                                            type of the drugs, taking into consideration both       505 of the Federal Food, Drug, and Cosmetic Act        gotiation-eligible drug during the preceding 10-
                                            the volume of drugs for which payment is made,          or licensed under subsection (a) or (k) of section     year period beginning on the date of the selected
                                            to the extent such data is available, and the           351 of the Public Health Service Act and con-          drug publication date, with respect to each price
                                            amount by which the net price for the drugs ex-         tinues to be marketed under such section 505 or        applicability year; and
                                            ceeds the AIM price for the drugs.                      351, including any insulin product that has been          ‘‘(D) any other matter the General Counsel
                                               ‘‘(c) SELECTED DRUG.—For purposes of this            deemed to be licensed under section 351(a) of the      determines appropriate.
                                            part, each drug included on the list published          Public Health Service Act pursuant to section             ‘‘(3) INDIVIDUAL DESCRIBED.—An individual
                                            under subsection (a) with respect to an initial         7002(e)(4) of the Biologics Price Competition and      described in this paragraph is—
                                            price applicability year shall be referred to as a      Innovation Act of 2009 and continues to be mar-           ‘‘(A) the highest-ranking officer or employee
                                            ‘selected drug’ with respect to such year and           keted pursuant to such licensure.                      of the Department of Health and Human Serv-
                                            each subsequent plan year beginning before the          For purposes of applying paragraphs (1) and
                                                                                                                                                           ices (as determined by the organizational chart
                                            first plan year beginning after the date on             (2), a drug or biological product that is mar-
                                                                                                                                                           of the Department) that does not have a conflict
                                            which the Secretary determines two or more              keted by the same sponsor or manufacturer (or
                                                                                                                                                           under this subsection; and
                                            drug products—                                          an affiliate thereof or a cross-licensed producer
                                                                                                                                                              ‘‘(B) is nominated by the President and con-
                                               ‘‘(1) are approved or licensed (as applicable)—      or distributor) as the listed drug or reference
                                                                                                                                                           firmed by the Senate with respect to the posi-
                                               ‘‘(A) under section 505(j) of the Federal Food,      product described in such respective paragraph
                                                                                                                                                           tion.
                                            Drug, and Cosmetic Act using such drug as the           shall not be taken into consideration.
                                                                                                                                                           ‘‘SEC. 1193. MANUFACTURER AGREEMENTS.
                                            listed drug; or                                            ‘‘(f) INFORMATION ON INTERNATIONAL DRUG
                                                                                                    PRICES.—For purposes of determining which ne-             ‘‘(a) IN GENERAL.—For purposes of section
                                               ‘‘(B) under section 351(k) of the Public Health
                                                                                                    gotiation-eligible drugs to select under sub-          1191(a)(2), the Secretary shall enter into agree-
                                            Service Act using such drug as the reference
                                                                                                    section (a) and, in the case of such drugs that        ments with manufacturers of selected drugs with
                                            product; and
                                               ‘‘(2) continue to be marketed.                       are selected drugs, to determine the maximum           respect to a price applicability period, by not
                                               ‘‘(d) NEGOTIATION-ELIGIBLE DRUG.—                    fair price for such a drug and whether such            later than June 15 following the selected drug
                                               ‘‘(1) IN GENERAL.—For purposes of this part,         maximum fair price should be renegotiated              publication date with respect to such selected
                                            the term ‘negotiation-eligible drug’ means, with        under section 1194, the Secretary shall use data       drug, under which—
                                            respect to the selected drug publication date           relating to the AIM price with respect to such           ‘‘(1) during the voluntary negotiation period
                                            with respect to an initial price applicability          drug as available or provided to the Secretary         for the initial price applicability year for the se-
                                            year, a qualifying single source drug, as defined       and shall on an ongoing basis request from             lected drug, the Secretary and manufacturer, in
                                            in subsection (e), that meets any of the fol-           manufacturers of selected drugs information on         accordance with section 1194, negotiate to deter-
                                            lowing criteria:                                        the AIM price of such a drug.                          mine (and, by not later than the last date of
                                               ‘‘(A) COVERED PART D DRUGS.—The drug is                 ‘‘(g)   NEW-ENTRANT      NEGOTIATION-ELIGIBLE       such period and in accordance with subsection
                                            among the 125 covered part D drugs (as defined          DRUGS.—                                                (c), agree to) a maximum fair price for such se-
                                            in section 1860D–2(e)) for which there was an es-          ‘‘(1) IN GENERAL.—For purposes of this part,        lected drug of the manufacturer in order to pro-
                                            timated greatest net spending under parts C and         the term ‘new-entrant negotiation-eligible drug’       vide access to such price—
                                            D of title XVIII, as determined by the Secretary,       means, with respect to the selected drug publica-        ‘‘(A) to fair price eligible individuals who with
                                            during the most recent plan year prior to such          tion date with respect to an initial price appli-      respect to such drug are described in subpara-
                                            drug publication date for which data are avail-         cability year, a qualifying single source drug—        graph (A) of section 1191(c)(1) and are furnished
                                            able.                                                      ‘‘(A) that is first approved or licensed, as de-    or dispensed such drug during, subject to sub-
                                               ‘‘(B) OTHER DRUGS.—The drug is among the             scribed in paragraph (1), (2), or (3) of subsection    paragraph (2), the price applicability period;
                                            125 drugs for which there was an estimated              (e), as applicable, during the year preceding          and
                                            greatest net spending in the United States (in-         such selected drug publication date; and                 ‘‘(B) to hospitals, physicians, and other pro-
                                            cluding the 50 States, the District of Columbia,           ‘‘(B) that the Secretary determines under           viders of services and suppliers with respect to
                                            and the territories of the United States), as de-       paragraph (2) is likely to be included as a nego-      fair price eligible individuals who with respect
                                            termined by the Secretary, during the most re-          tiation-eligible drug with respect to the subse-       to such drug are described in subparagraph (B)
                                            cent plan year prior to such drug publication           quent selected drug publication date.                  of such section and are furnished or adminis-
                                            date for which data are available.                         ‘‘(2) DETERMINATION.—In the case of a quali-        tered such drug during, subject to subparagraph
                                               ‘‘(C) INSULIN.—The drug is a qualifying single       fying single source drug that meets the criteria       (2), the price applicability period;
                                            source drug described in subsection (e)(3).             described in subparagraph (A) of paragraph (1),          ‘‘(2) the Secretary and the manufacturer
                                               ‘‘(2) CLARIFICATION.—In determining whether          with respect to an initial price applicability         shall, in accordance with a process and during
                                            a qualifying single source drug satisfies any of        year, if the wholesale acquisition cost at which       a period specified by the Secretary pursuant to
                                            the criteria described in paragraph (1), the Sec-       such drug is first marketed in the United States       rulemaking, renegotiate (and, by not later than
                                            retary shall, to the extent practicable, use data       is equal to or greater than the median house-          the last date of such period and in accordance




dlhill on DSK120RN23PROD with HOUSE
                                            that is aggregated across dosage forms and              hold income (as determined according to the            with subsection (c), agree to) the maximum fair
                                            strengths of the drug and not based on the spe-         most recent data collected by the United States        price for such drug if the Secretary determines
                                            cific formulation or package size or package            Census Bureau), the Secretary shall determine          that there is a material change in any of the
                                            type of the drug.                                       before the selected drug publication date with         factors described in section 1194(d) relating to
                                               ‘‘(3) PUBLICATION.—Not later than the se-            respect to the initial price applicability year, if    the drug, including changes in the AIM price
                                            lected drug publication date with respect to an         the drug is likely to be included as a negotia-        for such drug, in order to provide access to such
                                            initial price applicability year, the Secretary         tion-eligible drug with respect to the subsequent      maximum fair price (as so renegotiated)—




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                                            H2610                                              CONGRESSIONAL RECORD — HOUSE                                                             June 29, 2020
                                              ‘‘(A) to fair price eligible individuals who with     manufacturer price (as defined in section                 ‘‘(A) RESEARCH AND DEVELOPMENT COSTS.—
                                            respect to such drug are described in subpara-          1927(k)(1)) for such dosage strength and form          The factor described in paragraph (1)(A) of sub-
                                            graph (A) of section 1191(c)(1) and are furnished       for the drug during the period beginning with          section (d).
                                            or dispensed such drug during any year during           the first plan year for which the drug is in-             ‘‘(B) MARKET DATA.—The factor described in
                                            the price applicability period (beginning after         cluded on the list of negotiation-eligible drugs       paragraph (1)(B) of such subsection.
                                            such renegotiation) with respect to such selected       published under section 1192(d) and ending with           ‘‘(C) UNIT COSTS OF PRODUCTION AND DIS-
                                            drug; and                                               the last plan year during the price applicability      TRIBUTION.—The factor described in paragraph
                                              ‘‘(B) to hospitals, physicians, and other pro-        period for such drug with respect to which there       (1)(C) of such subsection.
                                            viders of services and suppliers with respect to        is no AIM price available for such drug.                  ‘‘(D) COMPARISON TO EXISTING THERAPEUTIC
                                            fair price eligible individuals who with respect                                                               ALTERNATIVES.—The factor described in para-
                                                                                                       ‘‘(B) AMOUNT MULTIPLIER AFTER AIM PRICE
                                            to such drug are described in subparagraph (B)          AVAILABLE.—For purposes of paragraph (1), the
                                                                                                                                                           graph (2)(A) of such subsection.
                                            of such section and are furnished or adminis-                                                                     ‘‘(3) REQUIREMENT.—
                                                                                                    amount described in this subparagraph for a se-           ‘‘(A) IN GENERAL.—In negotiating the max-
                                            tered such drug during any year described in            lected drug described in such paragraph, is the        imum fair price of a selected drug, with respect
                                            subparagraph (A);                                       amount equal to 200 percent of the AIM price           to an initial price applicability year for the se-
                                              ‘‘(3) the maximum fair price (including as re-        for such drug with respect to the first plan year      lected drug, and, as applicable, in renegotiating
                                            negotiated pursuant to paragraph (2)), with re-         during the price applicability period for such         the maximum fair price for such drug, with re-
                                            spect to such a selected drug, shall be provided        drug with respect to which there is an AIM             spect to a subsequent year during the price ap-
                                            to fair price eligible individuals, who with re-        price available for such drug.                         plicability period for such drug, in the case that
                                            spect to such drug are described in subpara-               ‘‘(d) CONFIDENTIALITY OF INFORMATION.—In-           the manufacturer of the selected drug offers
                                            graph (A) of section 1191(c)(1), at the pharmacy        formation submitted to the Secretary under this        under the negotiation or renegotiation, as appli-
                                            or by a mail order service at the point-of-sale of      part by a manufacturer of a selected drug that         cable, a price for such drug that is not more
                                            such drug;                                              is proprietary information of such manufacturer        than the target price described in subparagraph
                                              ‘‘(4) the manufacturer, subject to subsection         (as determined by the Secretary) may be used           (B) for such drug for the respective year, the
                                            (d), submits to the Secretary, in a form and            only by the Secretary or disclosed to and used         Secretary shall agree under such negotiation or
                                            manner specified by the Secretary—                      by the Comptroller General of the United States        renegotiation, respectively, to such offered price
                                              ‘‘(A) for the voluntary negotiation period for        or the Medicare Payment Advisory Commission            as the maximum fair price.
                                            the price applicability period (and, if applicable,     for purposes of carrying out this part.                   ‘‘(B) TARGET PRICE.—
                                            before any period of renegotiation specified pur-          ‘‘(e) REGULATIONS.—                                    ‘‘(i) IN GENERAL.—Subject to clause (ii), the
                                            suant to paragraph (2)) with respect to such               ‘‘(1) IN GENERAL.—The Secretary shall, pursu-       target price described in this subparagraph for a
                                            drug all information that the Secretary requires        ant to rulemaking, specify, in accordance with         selected drug with respect to a year, is the aver-
                                            to carry out the negotiation (or renegotiation          paragraph (2), the information that must be            age price (which shall be the net average price,
                                            process) under this part, including information         submitted under subsection (a)(4).                     if practicable, and volume-weighted, if prac-
                                            described in section 1192(f) and section                   ‘‘(2) INFORMATION SPECIFIED.—Information            ticable) for a unit of such drug for sales of such
                                            1194(d)(1); and                                         described in paragraph (1), with respect to a se-      drug, as computed (across different dosage
                                              ‘‘(B) on an ongoing basis, information on             lected drug, shall include information on sales        forms and strengths of the drug and not based
                                            changes in prices for such drug that would af-          of the drug (by the manufacturer of the drug or        on the specific formulation or package size or
                                            fect the AIM price for such drug or otherwise           by another entity under license or other agree-        package type of the drug) in the applicable
                                            provide a basis for renegotiation of the max-           ment with the manufacturer, with respect to the        country described in section 1191(c)(3)(B) with
                                            imum fair price for such drug pursuant to para-         sales of such drug, regardless of the name under       respect to such drug that, with respect to such
                                            graph (2);                                              which the drug is sold) in any foreign country         year, has the lowest average price for such drug
                                              ‘‘(5) the manufacturer agrees that in the case        that is part of the AIM price. The Secretary           as compared to the average prices (as so com-
                                            the selected drug of a manufacturer is a drug           shall verify, to the extent practicable, such sales    puted) of such drug with respect to such year in
                                            described in subsection (c), the manufacturer           from appropriate officials of the government of        the other applicable countries described in such
                                            will, in accordance with such subsection, make          the foreign country involved.                          section with respect to such drug.
                                            any payment required under such subsection                 ‘‘(f) COMPLIANCE WITH REQUIREMENTS FOR                 ‘‘(ii) SELECTED DRUGS WITHOUT AIM PRICE.—In
                                            with respect to such drug; and                          ADMINISTRATION OF PROGRAM.—Each manufac-               applying this paragraph in the case of negoti-
                                              ‘‘(6) the manufacturer complies with require-                                                                ating the maximum fair price of a selected drug
                                                                                                    turer with an agreement in effect under this sec-
                                            ments imposed by the Secretary for purposes of                                                                 for which there is no AIM price available with
                                                                                                    tion shall comply with requirements imposed by
                                            administering the program, including with re-                                                                  respect to the initial price applicability year for
                                                                                                    the Secretary or a third party with a contract
                                            spect to the duties described in section 1196.                                                                 such drug, or, as applicable, renegotiating the
                                                                                                    under section 1196(c)(1), as applicable, for pur-
                                              ‘‘(b) AGREEMENT IN EFFECT UNTIL DRUG IS NO                                                                   maximum fair price for such drug with respect
                                                                                                    poses of administering the program.
                                            LONGER A SELECTED DRUG.—An agreement en-                                                                       to a subsequent year during the price applica-
                                            tered into under this section shall be effective,       ‘‘SEC. 1194. NEGOTIATION AND RENEGOTIATION
                                                                                                                 PROCESS.
                                                                                                                                                           bility period for such drug before the first plan
                                            with respect to a drug, until such drug is no                                                                  year for which there is an AIM price available
                                            longer considered a selected drug under section           ‘‘(a) IN GENERAL.—For purposes of this part,         for such drug, the target price described in this
                                            1192(c).                                                under an agreement under section 1193 between          subparagraph for such drug and respective year
                                              ‘‘(c) SPECIAL RULE FOR CERTAIN SELECTED               the Secretary and a manufacturer of a selected         is the amount that is 80 percent of the average
                                            DRUGS WITHOUT AIM PRICE.—                               drug, with respect to the period for which such        manufacturer price (as defined in section
                                              ‘‘(1) IN GENERAL.—In the case of a selected           agreement is in effect and in accordance with          1927(k)(1)) for such drug and year.
                                            drug for which there is no AIM price available          subsections (b) and (c), the Secretary and the            ‘‘(4) ANNUAL REPORT.—After the completion of
                                            with respect to the initial price applicability         manufacturer—                                          each voluntary negotiation period, the Secretary
                                            year for such drug and for which an AIM price             ‘‘(1) shall during the voluntary negotiation         shall submit to Congress a report on the max-
                                            becomes available beginning with respect to a           period with respect to the initial price applica-      imum fair prices negotiated (or, as applicable,
                                            subsequent plan year during the price applica-          bility year for such drug, in accordance with          renegotiated) for such period. Such report shall
                                            bility period for such drug, if the Secretary de-       this section, negotiate a maximum fair price for       include information on how such prices so nego-
                                            termines that the amount described in para-             such drug for the purpose described in section         tiated (or renegotiated) meet the requirements of
                                            graph (2)(A) for a unit of such drug is greater         1193(a)(1); and                                        this part, including the requirements of this sub-
                                            than the amount described in paragraph (2)(B)             ‘‘(2) as applicable pursuant to section              section.
                                            for a unit of such drug, then by not later than         1193(a)(2) and in accordance with the process             ‘‘(c) LIMITATION.—
                                            one year after the date of such determination,          specified pursuant to such section, renegotiate           ‘‘(1) IN GENERAL.—Subject to paragraph (2),
                                            the manufacturer of such selected drug shall            such maximum fair price for such drug for the          the maximum fair price negotiated (including as
                                            pay to the Treasury an amount equal to the              purpose described in such section.                     renegotiated) under this section for a selected
                                            product of—                                               ‘‘(b) NEGOTIATING METHODOLOGY AND OBJEC-             drug, with respect to each plan year during a
                                              ‘‘(A) the difference between such amount de-          TIVE.—                                                 price applicability period for such drug, shall
                                            scribed in paragraph (2)(A) for a unit of such            ‘‘(1) IN GENERAL.—The Secretary shall develop        not exceed 120 percent of the AIM price applica-
                                            drug and such amount described in paragraph             and use a consistent methodology for negotia-          ble to such drug with respect to such year.
                                            (2)(B) for a unit of such drug; and                     tions under subsection (a) that, in accordance            ‘‘(2) SELECTED DRUGS WITHOUT AIM PRICE.—In
                                              ‘‘(B) the number of units of such drug sold in        with paragraph (2) and subject to paragraph            the case of a selected drug for which there is no
                                            the United States, including the 50 States, the         (3), achieves the lowest maximum fair price for        AIM price available with respect to the initial
                                            District of Columbia, and the territories of the        each selected drug while appropriately reward-         price applicability year for such drug, for each
                                            United States, during the period described in           ing innovation.                                        plan year during the price applicability period




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                                            paragraph (2)(B).                                         ‘‘(2) PRIORITIZING FACTORS.—In considering           before the first plan year for which there is an
                                              ‘‘(2) AMOUNTS DESCRIBED.—                             the factors described in subsection (d) in negoti-     AIM price available for such drug, the maximum
                                              ‘‘(A) WEIGHTED AVERAGE PRICE BEFORE AIM               ating (and, as applicable, renegotiating) the          fair price negotiated (including as renegotiated)
                                            PRICE AVAILABLE.—For purposes of paragraph              maximum fair price for a selected drug, the Sec-       under this section for the selected drug shall not
                                            (1), the amount described in this subparagraph          retary shall, to the extent practicable, consider      exceed the amount equal to 85 percent of the av-
                                            for a selected drug described in such paragraph,        all of the available factors listed but shall          erage manufacturer price for the drug with re-
                                            is the amount equal to the weighted average             prioritize the following factors:                      spect to such year.




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                         H2611
                                               ‘‘(d) CONSIDERATIONS.—For purposes of nego-          turer of such selected drug shall submit to the         are described in subparagraph (B) of section
                                            tiating and, as applicable, renegotiating (in-          Secretary such requested information in such            1191(c)(1)), the maximum fair price for the se-
                                            cluding for purposes of determining whether to          form and manner as the Secretary may require.           lected drug is provided to such hospitals, physi-
                                            renegotiate) the maximum fair price of a selected       The Secretary shall request, from the manufac-          cians, and other providers of services and sup-
                                            drug under this part with the manufacturer of           turer or others, such additional information as         pliers (as applicable) with respect to such indi-
                                            the drug, the Secretary, consistent with sub-           may be needed to carry out the negotiation and          viduals and providing that such maximum fair
                                            section (b)(2), shall take into consideration the       renegotiation process under this section.               price is used for determining cost-sharing under
                                            factors described in paragraphs (1), (2), (3), and        ‘‘(f) DISCLOSURE OF INFORMATION.—For pur-             the respective part, plan, or coverage for the se-
                                            (5), and may take into consideration the factor         poses of this part, the Secretary of Veterans Af-       lected drug.
                                            described in paragraph (4):                             fairs may disclose to the Secretary of Health             ‘‘(C) The establishment of procedures (includ-
                                               ‘‘(1) MANUFACTURER-SPECIFIC INFORMATION.—            and Human Services the price of any negotia-            ing through agreements and contracts described
                                            The following information, including as sub-            tion-eligible drug that is purchased pursuant to        in subparagraphs (A) and (B)) to ensure that,
                                            mitted by the manufacturer:                             section 8126 of title 38, United States Code.           not later than 90 days after the dispensing of a
                                               ‘‘(A) Research and development costs of the          ‘‘SEC. 1195. PUBLICATION OF MAXIMUM FAIR                selected drug to a fair price eligible individual
                                            manufacturer for the drug and the extent to                          PRICES.                                    by a pharmacy or mail order service, the phar-
                                            which the manufacturer has recouped research               ‘‘(a) IN GENERAL.—With respect to an initial         macy or mail order service is reimbursed for an
                                            and development costs.                                  price applicability year and selected drug with         amount equal to the difference between—
                                               ‘‘(B) Market data for the drug, including the        respect to such year, not later than April 1 of           ‘‘(i) the lesser of—
                                            distribution of sales across different programs         the plan year prior to such initial price applica-        ‘‘(I) the wholesale acquisition cost of the
                                            and purchasers and projected future revenues            bility year, the Secretary shall publish in the         drug;
                                            for the drug.                                                                                                     ‘‘(II) the national average drug acquisition
                                                                                                    Federal Register the maximum fair price for
                                               ‘‘(C) Unit costs of production and distribution                                                              cost of the drug; and
                                                                                                    such drug negotiated under this part with the
                                            of the drug.                                                                                                      ‘‘(III) any other similar determination of
                                               ‘‘(D) Prior Federal financial support for novel      manufacturer of such drug.
                                                                                                                                                            pharmacy acquisition costs of the drug, as de-
                                            therapeutic discovery and development with re-             ‘‘(b) UPDATES.—
                                                                                                                                                            termined by the Secretary; and
                                            spect to the drug.                                         ‘‘(1) SUBSEQUENT YEAR MAXIMUM FAIR                     ‘‘(ii) the maximum fair price for the drug.
                                               ‘‘(E) Data on patents and on existing and            PRICES.—For a selected drug, for each plan year           ‘‘(D) The establishment of procedures to en-
                                            pending exclusivity for the drug.                       subsequent to the initial price applicability year      sure that the maximum fair price for a selected
                                               ‘‘(F) National sales data for the drug.              for such drug with respect to which an agree-           drug is applied before—
                                               ‘‘(G) Information on clinical trials for the         ment for such drug is in effect under section             ‘‘(i) any coverage or financial assistance
                                            drug in the United States or in applicable coun-        1193, the Secretary shall publish in the Federal        under other health benefit plans or programs
                                            tries described in section 1191(c)(3)(B).               Register—                                               that provide coverage or financial assistance for
                                               ‘‘(2) INFORMATION ON ALTERNATIVE PROD-                  ‘‘(A) subject to subparagraph (B), the amount        the purchase or provision of prescription drug
                                            UCTS.—The following information:                        equal to the maximum fair price published for           coverage on behalf of fair price eligible individ-
                                               ‘‘(A) The extent to which the drug represents        such drug for the previous year, increased by           uals as the Secretary may specify; and
                                            a therapeutic advance as compared to existing           the annual percentage increase in the consumer            ‘‘(ii) any other discounts.
                                            therapeutic alternatives and, to the extent such        price index for all urban consumers (all items;           ‘‘(E) The establishment of procedures to enter
                                            information is available, the costs of such exist-      U.S. city average) as of September of such pre-         into appropriate agreements and protocols for
                                            ing therapeutic alternatives.                           vious year; or                                          the ongoing computation of AIM prices for se-
                                               ‘‘(B) Information on approval by the Food               ‘‘(B) in the case the maximum fair price for         lected drugs, including, to the extent possible, to
                                            and Drug Administration of alternative drug             such drug was renegotiated, for the first year          compute the AIM price for selected drugs and
                                            products.                                               for which such price as so renegotiated applies,        including by providing that the manufacturer of
                                               ‘‘(C) Information on comparative effectiveness       such renegotiated maximum fair price.                   such a selected drug should provide information
                                            analysis for such products, taking into consider-          ‘‘(2) PRICES NEGOTIATED AFTER DEADLINE.—In           for such computation not later than 3 months
                                            ation the effects of such products on specific          the case of a selected drug with respect to an          after the first date of the voluntary negotiation
                                            populations, such as individuals with disabil-          initial price applicability year for which the          period for such selected drug.
                                            ities, the elderly, terminally ill, children, and       maximum fair price is determined under this               ‘‘(F) The establishment of procedures to com-
                                            other patient populations.                              part after the date of publication under this sec-      pute and apply the maximum fair price across
                                            In considering information described in sub-            tion, the Secretary shall publish such maximum          different strengths and dosage forms of a se-
                                            paragraph (C), the Secretary shall not use evi-         fair price in the Federal Register by not later         lected drug and not based on the specific formu-
                                            dence or findings from comparative clinical ef-         than 30 days after the date such maximum price          lation or package size or package type of the
                                            fectiveness research in a manner that treats ex-        is so determined.                                       drug.
                                            tending the life of an elderly, disabled, or termi-                                                               ‘‘(G) The establishment of procedures to nego-
                                                                                                    ‘‘SEC. 1196. ADMINISTRATIVE DUTIES; COORDINA-
                                            nally ill individual as of lower value than ex-                       TION PROVISIONS.                          tiate and apply the maximum fair price in a
                                            tending the life of an individual who is younger,                                                               manner that does not include any dispensing or
                                                                                                       ‘‘(a) ADMINISTRATIVE DUTIES.—
                                            nondisabled, or not terminally ill. Nothing in                                                                  similar fee.
                                                                                                       ‘‘(1) IN GENERAL.—For purposes of section
                                            the previous sentence shall affect the applica-                                                                   ‘‘(H) The establishment of procedures to carry
                                                                                                    1191, the administrative duties described in this
                                            tion or consideration of an AIM price for a se-                                                                 out the provisions of this part, as applicable,
                                                                                                    section are the following:
                                            lected drug.                                                                                                    with respect to—
                                                                                                       ‘‘(A) The establishment of procedures (includ-
                                               ‘‘(3) FOREIGN SALES INFORMATION.—To the ex-                                                                    ‘‘(i) fair price eligible individuals who are en-
                                            tent available on a timely basis, including as          ing through agreements with manufacturers
                                                                                                                                                            rolled under a prescription drug plan under part
                                            provided by a manufacturer of the selected drug         under this part, contracts with prescription
                                                                                                                                                            D of title XVIII or an MA–PD plan under part
                                            or otherwise, information on sales of the se-           drug plans under part D of title XVIII and MA–
                                                                                                                                                            C of such title;
                                            lected drug in each of the countries described in       PD plans under part C of such title, and agree-
                                                                                                                                                              ‘‘(ii) fair price eligible individuals who are en-
                                            section 1191(c)(3)(B).                                  ments under section 1197 with group health
                                                                                                                                                            rolled under a group health plan or health in-
                                               ‘‘(4) VA DRUG PRICING INFORMATION.—Infor-            plans and health insurance issuers of health in-
                                                                                                                                                            surance coverage offered by a health insurance
                                            mation disclosed to the Secretary pursuant to           surance coverage offered in the individual or
                                                                                                                                                            issuer in the individual or group market with re-
                                            subsection (f).                                         group market) under which the maximum fair
                                                                                                                                                            spect to which there is an agreement in effect
                                               ‘‘(5) ADDITIONAL INFORMATION.—Information            price for a selected drug is provided to fair price
                                                                                                                                                            under section 1197; and
                                            submitted to the Secretary, in accordance with a        eligible individuals, who with respect to such            ‘‘(iii) fair price eligible individuals who are
                                            process specified by the Secretary, by other par-       drug are described in subparagraph (A) of sec-          entitled to benefits under part A of title XVIII
                                            ties that are affected by the establishment of a        tion 1191(c)(1), at pharmacies or by mail order         or enrolled under part B of such title.
                                            maximum fair price for the selected drug.               service at the point-of-sale of the drug for the          ‘‘(I) The establishment of a negotiation proc-
                                               ‘‘(e) REQUEST FOR INFORMATION.—For pur-              applicable price period for such drug and pro-          ess and renegotiation process in accordance
                                            poses of negotiating and, as applicable, renego-        viding that such maximum fair price is used for         with section 1194, including a process for ac-
                                            tiating (including for purposes of determining          determining cost-sharing under such plans or            quiring information described in subsection (d)
                                            whether to renegotiate) the maximum fair price          coverage for the selected drug.                         of such section and determining amounts de-
                                            of a selected drug under this part with the man-           ‘‘(B) The establishment of procedures (includ-       scribed in subsection (b) of such section.
                                            ufacturer of the drug, with respect to a price ap-      ing through agreements with manufacturers                 ‘‘(J) The provision of a reasonable dispute res-
                                            plicability period, and other relevant data for         under this part and contracts with hospitals,           olution mechanism to resolve disagreements be-
                                            purposes of this section—                               physicians, and other providers of services and         tween manufacturers, fair price eligible individ-
                                               ‘‘(1) the Secretary shall, not later than the se-    suppliers and agreements under section 1197             uals, and the third party with a contract under




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                                            lected drug publication date with respect to the        with group health plans and health insurance            subsection (c)(1).
                                            initial price applicability year of such period,        issuers of health insurance coverage offered in           ‘‘(2) MONITORING COMPLIANCE.—
                                            request drug pricing information from the man-          the individual or group market) under which, in           ‘‘(A) IN GENERAL.—The Secretary shall mon-
                                            ufacturer of such selected drug, including infor-       the case of a selected drug furnished or adminis-       itor compliance by a manufacturer with the
                                            mation described in subsection (d)(1); and              tered by such a hospital, physician, or other           terms of an agreement under section 1193, in-
                                               ‘‘(2) by not later than October 1 following the      provider of services or supplier to fair price eligi-   cluding by establishing a mechanism through
                                            selected drug publication date, the manufac-            ble individuals (who with respect to such drug          which violations of such terms may be reported.




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                                            H2612                                               CONGRESSIONAL RECORD — HOUSE                                                             June 29, 2020
                                              ‘‘(B) NOTIFICATION.—If a third party with a            agreement under the program under this part               ‘‘(1) The selection of drugs for publication
                                            contract under subsection (c)(1) determines that         with a group health plan or health insurance           under section 1192(a).
                                            the manufacturer is not in compliance with such          issuer offering group or individual health insur-         ‘‘(2) The determination of whether a drug is a
                                            agreement, the third party shall notify the Sec-         ance coverage with respect to a price applica-         negotiation-eligible drug under section 1192(d).
                                            retary of such noncompliance for appropriate             bility period and a selected drug with respect to         ‘‘(3) The determination of the maximum fair
                                            enforcement under section 4192 of the Internal           such period if such a plan or issuer affirma-          price of a selected drug under section 1194.
                                            Revenue Code of 1986 or section 1198, as applica-        tively elects, through a process specified by the         ‘‘(4) The determination of units of a drug for
                                            ble.                                                     Secretary, not to participate under the program        purposes of section 1191(c)(3).
                                              ‘‘(b) COLLECTION OF DATA.—                                                                                       ‘‘(e) COORDINATION.—In carrying out this part
                                                                                                     with respect to such period and drug.
                                              ‘‘(1) FROM PRESCRIPTION DRUG PLANS AND MA–                                                                    with respect to group health plans or health in-
                                                                                                       ‘‘(b) PUBLICATION OF ELECTION.—With respect
                                            PD PLANS.—The Secretary may collect appro-                                                                      surance coverage offered in the group market
                                                                                                     to each price applicability period and each se-
                                            priate data from prescription drug plans under                                                                  that are subject to oversight by the Secretary of
                                                                                                     lected drug with respect to such period, the Sec-
                                            part D of title XVIII and MA–PD plans under                                                                     Labor or the Secretary of the Treasury, the Sec-
                                                                                                     retary and the Secretary of Labor and the Sec-
                                            part C of such title in a timeframe that allows                                                                 retary of Health and Human Services shall co-
                                                                                                     retary of the Treasury, as applicable, shall
                                            for maximum fair prices to be provided under                                                                    ordinate with such respective Secretary.
                                                                                                     make public a list of each group health plan              ‘‘(f) DATA SHARING.—The Secretary shall
                                            this part for selected drugs.                            and each health insurance issuer offering group        share with the Secretary of the Treasury such
                                              ‘‘(2) FROM HEALTH PLANS.—The Secretary may             or individual health insurance coverage, with          information as is necessary to determine the tax
                                            collect appropriate data from group health               respect to which coverage is provided under            imposed by section 4192 of the Internal Revenue
                                            plans or health insurance issuers offering group         such plan or coverage for such drug, that has          Code of 1986.
                                            or individual health insurance coverage in a             elected under subsection (a) not to participate           ‘‘(g) GAO STUDY.—Not later than December
                                            timeframe that allows for maximum fair prices            under the program with respect to such period          31, 2025, the Comptroller General of the United
                                            to be provided under this part for selected drugs.       and drug.                                              States shall conduct a study of, and submit to
                                              ‘‘(3) COORDINATION OF DATA COLLECTION.—To              ‘‘SEC. 1198. CIVIL MONETARY PENALTY.                   Congress a report on, the implementation of the
                                            the extent feasible, as determined by the Sec-              ‘‘(a) VIOLATIONS RELATING TO OFFERING OF            Fair Price Negotiation Program under this
                                            retary, the Secretary shall ensure that data col-        MAXIMUM FAIR PRICE.—Any manufacturer of a              part.’’.
                                            lected pursuant to this subsection is coordinated        selected drug that has entered into an agree-             (b) APPLICATION OF MAXIMUM FAIR PRICES
                                            with, and not duplicative of, other Federal data         ment under section 1193, with respect to a plan        AND CONFORMING AMENDMENTS.—
                                            collection efforts.                                      year during the price applicability period for            (1) UNDER MEDICARE.—
                                              ‘‘(c) CONTRACT WITH THIRD PARTIES.—                                                                              (A) APPLICATION TO PAYMENTS UNDER PART
                                                                                                     such drug, that does not provide access to a
                                              ‘‘(1) IN GENERAL.—The Secretary may enter                                                                     B.—Section 1847A(b)(1)(B) of the Social Security
                                                                                                     price that is not more than the maximum fair
                                            into a contract with 1 or more third parties to                                                                 Act (42 U.S.C. 1395w–3a(b)(1)(B)) is amended by
                                                                                                     price (or a lesser price) for such drug for such
                                            administer the requirements established by the                                                                  inserting ‘‘or in the case of such a drug or bio-
                                                                                                     year—
                                            Secretary in order to carry out this part. At a                                                                 logical that is a selected drug (as defined in sec-
                                                                                                        ‘‘(1) to a fair price eligible individual who
                                            minimum, the contract with a third party under                                                                  tion 1192(c)), with respect to a price applica-
                                                                                                     with respect to such drug is described in sub-
                                            the preceding sentence shall require that the                                                                   bility period (as defined in section 1191(b)(2)),
                                                                                                     paragraph (A) of section 1191(c)(1) and who is
                                            third party—                                                                                                    106 percent of the maximum fair price (as de-
                                                                                                     furnished or dispensed such drug during such
                                              ‘‘(A) receive and transmit information be-                                                                    fined in section 1191(c)(2) applicable for such
                                                                                                     year; or
                                            tween the Secretary, manufacturers, and other                                                                   drug and a plan year during such period’’ after
                                                                                                        ‘‘(2) to a hospital, physician, or other provider
                                            individuals or entities the Secretary determines                                                                ‘‘paragraph (4)’’.
                                                                                                     of services or supplier with respect to fair price
                                            appropriate;                                                                                                       (B) EXCEPTION TO PART D NON-INTER-
                                                                                                     eligible individuals who with respect to such
                                              ‘‘(B) receive, distribute, or facilitate the dis-                                                             FERENCE.—Section 1860D–11(i) of the Social Se-
                                                                                                     drug is described in subparagraph (B) of such
                                            tribution of funds of manufacturers to appro-                                                                   curity Act (42 U.S.C. 1395w–111(i)) is amended
                                                                                                     section and is furnished or administered such
                                            priate individuals or entities in order to meet the                                                             by inserting ‘‘, except as provided under part E
                                                                                                     drug by such hospital, physician, or provider or
                                            obligations of manufacturers under agreements                                                                   of title XI’’ after ‘‘the Secretary’’.
                                                                                                     supplier during such year;                                (C) APPLICATION AS NEGOTIATED PRICE UNDER
                                            under this part;
                                              ‘‘(C) provide adequate and timely information          shall be subject to a civil monetary penalty           PART D.—Section 1860D–2(d)(1) of the Social Se-
                                            to manufacturers, consistent with the agreement          equal to ten times the amount equal to the dif-        curity Act (42 U.S.C. 1395w–102(d)(1)) is amend-
                                            with the manufacturer under this part, as nec-           ference between the price for such drug made           ed—
                                            essary for the manufacturer to fulfill its obliga-       available for such year by such manufacturer              (i) in subparagraph (B), by inserting ‘‘, sub-
                                            tions under this part; and                               with respect to such individual or hospital, phy-      ject to subparagraph (D),’’ after ‘‘negotiated
                                              ‘‘(D) permit manufacturers to conduct peri-            sician, provider, or supplier and the maximum          prices’’; and
                                            odic audits, directly or through contracts, of the       fair price for such drug for such year.                   (ii) by adding at the end the following new
                                            data and information used by the third party to             ‘‘(b) VIOLATIONS OF CERTAIN TERMS OF                subparagraph:
                                            determine discounts for applicable drugs of the          AGREEMENT.—Any manufacturer of a selected                 ‘‘(D) APPLICATION OF MAXIMUM FAIR PRICE
                                            manufacturer under the program.                          drug that has entered into an agreement under          FOR SELECTED DRUGS.—In applying this section,
                                              ‘‘(2) PERFORMANCE REQUIREMENTS.—The Sec-               section 1193, with respect to a plan year during       in the case of a covered part D drug that is a se-
                                            retary shall establish performance requirements          the price applicability period for such drug, that     lected drug (as defined in section 1192(c)), with
                                            for a third party with a contract under para-            is in violation of a requirement imposed pursu-        respect to a price applicability period (as de-
                                            graph (1) and safeguards to protect the inde-            ant to section 1193(a)(6) shall be subject to a        fined in section 1191(b)(2)), the negotiated prices
                                            pendence and integrity of the activities carried         civil monetary penalty of not more than                used for payment (as described in this sub-
                                            out by the third party under the program under           $1,000,000 for each such violation.                    section) shall be the maximum fair price (as de-
                                            this part.                                                  ‘‘(c) APPLICATION.—The provisions of section        fined in section 1191(c)(2)) for such drug and for
                                                                                                     1128A (other than subsections (a) and (b)) shall       each plan year during such period.’’.
                                            ‘‘SEC.   1197.VOLUNTARY PARTICIPATION BY
                                                                                                     apply to a civil monetary penalty under this              (D) INFORMATION FROM PRESCRIPTION DRUG
                                                        OTHER HEALTH PLANS.
                                                                                                     section in the same manner as such provisions          PLANS AND MA–PD PLANS REQUIRED.—
                                              ‘‘(a) AGREEMENT TO PARTICIPATE UNDER PRO-                                                                        (i) PRESCRIPTION DRUG PLANS.—Section 1860D–
                                            GRAM.—
                                                                                                     apply to a penalty or proceeding under section
                                                                                                     1128A(a).                                              12(b) of the Social Security Act (42 U.S.C.
                                              ‘‘(1) IN GENERAL.—Subject to paragraph (2),                                                                   1395w–112(b)) is amended by adding at the end
                                            under the program under this part the Secretary          ‘‘SEC. 1199. MISCELLANEOUS PROVISIONS.
                                                                                                                                                            the following new paragraph:
                                            shall be treated as having in effect an agree-              ‘‘(a) PAPERWORK REDUCTION ACT.—Chapter                 ‘‘(8) PROVISION OF INFORMATION RELATED TO
                                            ment with a group health plan or health insur-           35 of title 44, United States Code, shall not          MAXIMUM FAIR PRICES.—Each contract entered
                                            ance issuer offering group or individual health          apply to data collected under this part.               into with a PDP sponsor under this part with
                                            insurance coverage (as such terms are defined in           ‘‘(b) NATIONAL ACADEMY OF MEDICINE                   respect to a prescription drug plan offered by
                                            section 2791 of the Public Health Service Act),          STUDY.—Not later than December 31, 2025, the           such sponsor shall require the sponsor to pro-
                                            with respect to a price applicability period and         National Academy of Medicine shall conduct a           vide information to the Secretary as requested
                                            a selected drug with respect to such period—             study, and submit to Congress a report, on rec-        by the Secretary in accordance with section
                                              ‘‘(A) with respect to such selected drug fur-          ommendations for improvements to the program           1196(b).’’.
                                            nished or dispensed at a pharmacy or by mail             under this part, including the determination of           (ii) MA–PD PLANS.—Section 1857(f)(3) of the
                                            order service if coverage is provided under such         the limits applied under section 1194(c).              Social Security Act (42 U.S.C. 1395w–27(f)(3)) is
                                            plan or coverage during such period for such se-           ‘‘(c) MEDPAC STUDY.—Not later than Decem-            amended by adding at the end the following
                                            lected drug as so furnished or dispensed; and            ber 31, 2025, the Medicare Payment Advisory            new subparagraph:
                                              ‘‘(B) with respect to such selected drug fur-          Commission shall conduct a study, and submit              ‘‘(E) PROVISION OF INFORMATION RELATED TO




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                                            nished or administered by a hospital, physician,         to Congress a report, on the program under this        MAXIMUM        FAIR      PRICES.—Section    1860D–
                                            or other provider of services or supplier if cov-        part with respect to the Medicare program              12(b)(8).’’.
                                            erage is provided under such plan or coverage            under title XVIII, including with respect to the          (2) UNDER GROUP HEALTH PLANS AND HEALTH
                                            during such period for such selected drug as so          effect of the program on individuals entitled to       INSURANCE COVERAGE.—
                                            furnished or administered.                               benefits or enrolled under such title.                    (A) PHSA.—Part A of title XXVII of the Pub-
                                              ‘‘(2) OPTING OUT OF AGREEMENT.—The Sec-                  ‘‘(d) LIMITATION ON JUDICIAL REVIEW.—The             lic Health Service Act is amended by inserting
                                            retary shall not be treated as having in effect an       following shall not be subject to judicial review:     after section 2729 the following new section:




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                        H2613
                                            ‘‘SEC. 2729A. FAIR PRICE NEGOTIATION PROGRAM            having in effect an agreement with the Sec-            ‘‘SEC. 9816. FAIR PRICE NEGOTIATION PROGRAM
                                                          AND APPLICATION OF MAXIMUM                retary under the Fair Price Negotiation Program                      AND APPLICATION OF MAXIMUM
                                                          FAIR PRICES.                                                                                                   FAIR PRICES.
                                                                                                    under part E of title XI of such Act, with re-
                                               ‘‘(a) IN GENERAL.—In the case of a group             spect to a price applicability period (as defined         ‘‘(a) IN GENERAL.—In the case of a group
                                            health plan or health insurance issuer offering         in section 1191(b) of such Act) and a selected         health plan that is treated under section 1197 of
                                            group or individual health insurance coverage           drug (as defined in section 1192(c) of such Act)       the Social Security Act as having in effect an
                                            that is treated under section 1197 of the Social        with respect to such period with respect to            agreement with the Secretary under the Fair
                                            Security Act as having in effect an agreement           which coverage is provided under such plan or          Price Negotiation Program under part E of title
                                            with the Secretary under the Fair Price Negotia-                                                               XI of such Act, with respect to a price applica-
                                                                                                    coverage—
                                            tion Program under part E of title XI of such                                                                  bility period (as defined in section 1191(b) of
                                                                                                       ‘‘(1) the provisions of such part shall apply,      such Act) and a selected drug (as defined in sec-
                                            Act, with respect to a price applicability period
                                                                                                    as applicable—                                         tion 1192(c) of such Act) with respect to such pe-
                                            (as defined in section 1191(b) of such Act) and
                                            a selected drug (as defined in section 1192(c) of          ‘‘(A) if coverage of such selected drug is pro-     riod with respect to which coverage is provided
                                            such Act) with respect to such period with re-          vided under such plan or coverage if the drug is       under such plan—
                                            spect to which coverage is provided under such          furnished or dispensed at a pharmacy or by a              ‘‘(1) the provisions of such part shall apply,
                                            plan or coverage—                                       mail order service, to the plans or coverage of-       as applicable—
                                               ‘‘(1) the provisions of such part shall apply—       fered by such plan or issuer, and to the individ-         ‘‘(A) if coverage of such selected drug is pro-
                                               ‘‘(A) if coverage of such selected drug is pro-      uals enrolled under such plans or coverage, dur-       vided under such plan if the drug is furnished
                                            vided under such plan or coverage if the drug is        ing such period, with respect to such selected         or dispensed at a pharmacy or by a mail order
                                            furnished or dispensed at a pharmacy or by a            drug, in the same manner as such provisions            service, to the plan, and to the individuals en-
                                            mail order service, to the plans or coverage of-        apply to prescription drug plans and MA–PD             rolled under such plan during such period, with
                                            fered by such plan or issuer, and to the individ-       plans, and to individuals enrolled under such          respect to such selected drug, in the same man-
                                            uals enrolled under such plans or coverage, dur-        prescription drug plans and MA–PD plans dur-           ner as such provisions apply to prescription
                                            ing such period, with respect to such selected          ing such period; and                                   drug plans and MA–PD plans, and to individ-
                                            drug, in the same manner as such provisions                ‘‘(B) if coverage of such selected drug is pro-     uals enrolled under such prescription drug plans
                                            apply to prescription drug plans and MA–PD              vided under such plan or coverage if the drug is       and MA–PD plans during such period; and
                                                                                                                                                              ‘‘(B) if coverage of such selected drug is pro-
                                            plans, and to individuals enrolled under such           furnished or administered by a hospital, physi-
                                                                                                                                                           vided under such plan if the drug is furnished
                                            prescription drug plans and MA–PD plans dur-            cian, or other provider of services or supplier, to
                                                                                                                                                           or administered by a hospital, physician, or
                                            ing such period; and                                    the plans or coverage offered by such plan or
                                                                                                                                                           other provider of services or supplier, to the
                                               ‘‘(B) if coverage of such selected drug is pro-      issuers, to the individuals enrolled under such
                                                                                                                                                           plan, to the individuals enrolled under such
                                            vided under such plan or coverage if the drug is        plans or coverage, and to hospitals, physicians,
                                                                                                                                                           plan, and to hospitals, physicians, and other
                                            furnished or administered by a hospital, physi-         and other providers of services and suppliers
                                                                                                                                                           providers of services and suppliers during such
                                            cian, or other provider of services or supplier, to     during such period, with respect to such drug in
                                                                                                                                                           period, with respect to such drug in the same
                                            the plans or coverage offered by such plan or           the same manner as such provisions apply to the
                                                                                                                                                           manner as such provisions apply to the Sec-
                                            issuers, to the individuals enrolled under such         Secretary, to individuals entitled to benefits
                                                                                                                                                           retary, to individuals entitled to benefits under
                                            plans or coverage, and to hospitals, physicians,        under part A of title XVIII or enrolled under
                                                                                                                                                           part A of title XVIII or enrolled under part B of
                                            and other providers of services and suppliers           part B of such title, and to hospitals, physi-
                                                                                                                                                           such title, and to hospitals, physicians, and
                                            during such period, with respect to such drug in        cians, and other providers and suppliers partici-
                                                                                                                                                           other providers and suppliers participating
                                            the same manner as such provisions apply to the         pating under title XVIII during such period;
                                                                                                                                                           under title XVIII during such period;
                                            Secretary, to individuals entitled to benefits             ‘‘(2) the plan or issuer shall apply any cost-         ‘‘(2) the plan shall apply any cost-sharing re-
                                            under part A of title XVIII or enrolled under           sharing responsibilities under such plan or cov-       sponsibilities under such plan, with respect to
                                            part B of such title, and to hospitals, physi-          erage, with respect to such selected drug, by          such selected drug, by substituting an amount
                                            cians, and other providers and suppliers partici-       substituting an amount not more than the max-          not more than the maximum fair price nego-
                                            pating under title XVIII during such period;            imum fair price negotiated under such part E of        tiated under such part E of title XI for such
                                               ‘‘(2) the plan or issuer shall apply any cost-       title XI for such drug in lieu of the drug price       drug in lieu of the drug price upon which the
                                            sharing responsibilities under such plan or cov-        upon which the cost-sharing would have other-          cost-sharing would have otherwise applied, and
                                            erage, with respect to such selected drug, by           wise applied, and such cost-sharing responsibil-       such cost-sharing responsibilities with respect to
                                            substituting an amount not more than the max-           ities with respect to such selected drug may not       such selected drug may not exceed such max-
                                            imum fair price negotiated under such part E of         exceed such maximum fair price; and                    imum fair price; and
                                            title XI for such drug in lieu of the drug price           ‘‘(3) the Secretary shall apply the provisions         ‘‘(3) the Secretary shall apply the provisions
                                            upon which the cost-sharing would have other-           of such part E to such plan, issuer, and cov-          of such part E to such plan and such individ-
                                            wise applied, and such cost-sharing responsibil-        erage, and such individuals so enrolled in such        uals so enrolled in such plan.
                                            ities with respect to such selected drug may not        plans.                                                    ‘‘(b) NOTIFICATION REGARDING NONPARTICIPA-
                                            exceed such maximum fair price; and                                                                            TION IN FAIR PRICE NEGOTIATION PROGRAM.—A
                                               ‘‘(3) the Secretary shall apply the provisions          ‘‘(b) NOTIFICATION REGARDING NONPARTICIPA-
                                                                                                    TION IN FAIR PRICE NEGOTIATION PROGRAM.—A              group health plan shall publicly disclose in a
                                            of such part E to such plan, issuer, and cov-                                                                  manner and in accordance with a process speci-
                                            erage, such individuals so enrolled in such plans       group health plan or a health insurance issuer
                                                                                                    offering group health insurance coverage shall         fied by the Secretary any election made under
                                            and coverage, and such hospitals, physicians,                                                                  section 1197 of the Social Security Act by the
                                            and other providers and suppliers participating         publicly disclose in a manner and in accordance
                                                                                                    with a process specified by the Secretary any          plan to not participate in the Fair Price Nego-
                                            in such plans and coverage.                                                                                    tiation Program under part E of title XI of such
                                               ‘‘(b) NOTIFICATION REGARDING NONPARTICIPA-           election made under section 1197 of the Social
                                                                                                    Security Act by the plan or issuer to not partici-     Act with respect to a selected drug (as defined
                                            TION IN FAIR PRICE NEGOTIATION PROGRAM.—A
                                                                                                    pate in the Fair Price Negotiation Program             in section 1192(c) of such Act) for which cov-
                                            group health plan or a health insurance issuer                                                                 erage is provided under such plan before the be-
                                            offering group or individual health insurance           under part E of title XI of such Act with respect
                                                                                                    to a selected drug (as defined in section 1192(c)      ginning of the plan year for which such election
                                            coverage shall publicly disclose in a manner and                                                               was made.’’.
                                            in accordance with a process specified by the           of such Act) for which coverage is provided
                                                                                                    under such plan or coverage before the begin-             (ii) APPLICATION TO RETIREE AND CERTAIN
                                            Secretary any election made under section 1197                                                                 SMALL GROUP HEALTH PLANS.—Section 9831(a)(2)
                                            of the Social Security Act by the plan or issuer        ning of the plan year for which such election
                                                                                                    was made.’’.                                           of the Internal Revenue Code of 1986 is amended
                                            to not participate in the Fair Price Negotiation                                                               by inserting ‘‘other than with respect to section
                                            Program under part E of title XI of such Act               (ii) APPLICATION TO RETIREE AND CERTAIN             9816,’’ before ‘‘any group health plan’’.
                                            with respect to a selected drug (as defined in          SMALL GROUP HEALTH PLANS.—Section 732(a) of               (iii) CLERICAL AMENDMENT.—The table of sec-
                                            section 1192(c) of such Act) for which coverage         the Employee Retirement Income Security Act of         tions for subchapter B of chapter 100 of such
                                            is provided under such plan or coverage before          1974 (29 U.S.C. 1191a(a)) is amended by striking       Code is amended by adding at the end the fol-
                                            the beginning of the plan year for which such           ‘‘section 711’’ and inserting ‘‘sections 711 and       lowing new item:
                                            election was made.’’.                                   716’’.
                                                                                                                                                           ‘‘Sec. 9816. Fair Price Negotiation Program and
                                               (B) ERISA.—                                             (iii) CLERICAL AMENDMENT.—The table of sec-                         application of maximum fair
                                               (i) IN GENERAL.—Subpart B of part 7 of sub-          tions for subpart B of part 7 of subtitle B of title                   prices.’’.
                                            title B of title I of the Employee Retirement In-       I of the Employee Retirement Income Security              (3) FAIR PRICE NEGOTIATION PROGRAM PRICES
                                            come Security Act of 1974 (29 U.S.C. 1181 et.           Act of 1974 is amended by adding at the end the        INCLUDED IN BEST PRICE AND AMP.—Section 1927
                                            seq.) is amended by adding at the end the fol-          following:                                             of the Social Security Act (42 U.S.C. 1396r–8) is
                                            lowing new section:                                                                                            amended—
                                                                                                    ‘‘Sec. 716. Fair Price Negotiation Program and




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                                            ‘‘SEC. 716. FAIR PRICE NEGOTIATION PROGRAM                                                                        (A) in subsection (c)(1)(C)(ii)—
                                                         AND APPLICATION OF MAXIMUM
                                                                                                                   application of maximum fair
                                                                                                                                                              (i) in subclause (III), by striking at the end ‘‘;
                                                         FAIR PRICES.                                              prices.’’.
                                                                                                                                                           and’’;
                                               ‘‘(a) IN GENERAL.—In the case of a group                (C) IRC.—                                              (ii) in subclause (IV), by striking at the end
                                            health plan or health insurance issuer offering            (i) IN GENERAL.—Subchapter B of chapter 100         the period and inserting ‘‘; and’’; and
                                            group health insurance coverage that is treated         of the Internal Revenue Code of 1986 is amended           (iii) by adding at the end the following new
                                            under section 1197 of the Social Security Act as        by adding at the end the following new section:        subclause:




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                                            H2614                                              CONGRESSIONAL RECORD — HOUSE                                                              June 29, 2020
                                               ‘‘(V) in the case of a rebate period and a cov-      ‘‘SEC.   4192.   SELECTED DRUGS DURING NON-             tax imposed by this section, the Secretary may
                                            ered outpatient drug that is a selected drug (as                        COMPLIANCE PERIODS.                     treat such sale as occurring during a day de-
                                            defined in section 1192(c)) during such rebate               ‘‘(a) IN GENERAL.—There is hereby imposed on       scribed in subsection (b).’’.
                                            period, shall be inclusive of the price for such        the sale by the manufacturer, producer, or im-             (b) NO DEDUCTION FOR EXCISE TAX PAY-
                                            drug made available from the manufacturer dur-          porter of any selected drug during a day de-            MENTS.—Section 275 of the Internal Revenue
                                            ing the rebate period by reason of application of       scribed in subsection (b) a tax in an amount            Code of 1986 is amended by adding ‘‘or by sec-
                                            part E of title XI to any wholesaler, retailer,         such that the applicable percentage is equal to         tion 4192’’ before the period at the end of sub-
                                            provider, health maintenance organization,              the ratio of—                                           section (a)(6).
                                            nonprofit entity, or governmental entity within           ‘‘(1) such tax, divided by                               (c) CONFORMING AMENDMENTS.—
                                            the United States.’’; and                                 ‘‘(2) the sum of such tax and the price for              (1) Section 4221(a) of the Internal Revenue
                                               (B) in subsection (k)(1)(B), by adding at the        which so sold.                                          Code of 1986 is amended by inserting ‘‘or 4192’’
                                            end the following new clause:                             ‘‘(b) NONCOMPLIANCE PERIODS.—A day is de-             after ‘‘section 4191’’.
                                               ‘‘(iii)       CLARIFICATION.—Notwithstanding         scribed in this subsection with respect to a se-           (2) Section 6416(b)(2) of such Code is amended
                                            clause (i), in the case of a rebate period and a        lected drug if it is a day during one of the fol-       by inserting ‘‘or 4192’’ after ‘‘section 4191’’.
                                            covered outpatient drug that is a selected drug         lowing periods:                                            (d) CLERICAL AMENDMENTS.—
                                            (as defined in section 1192(c)) during such re-           ‘‘(1) The period beginning on the June 16th              (1) The heading of subchapter E of chapter 32
                                            bate period, any reduction in price paid during         immediately following the selected drug publica-        of the Internal Revenue Code of 1986 is amended
                                            the rebate period to the manufacturer for the           tion date and ending on the first date during           by striking ‘‘Medical Devices’’ and inserting
                                            drug by a wholesaler or retail community phar-          which the manufacturer of the drug has in               ‘‘Other Medical Products’’.
                                            macy described in subparagraph (A) by reason            place an agreement described in subsection (a)             (2) The table of subchapters for chapter 32 of
                                            of application of part E of title XI shall be in-       of section 1193 of the Social Security Act with         such Code is amended by striking the item relat-
                                            cluded in the average manufacturer price for            respect to such drug.                                   ing to subchapter E and inserting the following
                                                                                                      ‘‘(2) The period beginning on the April 1st im-       new item:
                                            the covered outpatient drug.’’.
                                                                                                    mediately following the June 16th described in
                                               (4) FEHBP.—Section 8902 of title 5, United                                                                     ‘‘SUBCHAPTER E. OTHER MEDICAL PRODUCTS’’.
                                                                                                    paragraph (1) and ending on the first date dur-
                                            States Code, is amended by adding at the end                                                                       (3) The table of sections for subchapter E of
                                                                                                    ing which the manufacturer of the drug has
                                            the following:                                                                                                  chapter 32 of such Code is amended by adding
                                               ‘‘(p) A contract may not be made or a plan           agreed to a maximum fair price under such
                                                                                                    agreement.                                              at the end the following new item:
                                            approved under this chapter with any carrier
                                                                                                      ‘‘(3) In the case of a selected drug with respect     ‘‘Sec. 4192. Selected drugs during noncompli-
                                            that has affirmatively elected, pursuant to sec-
                                                                                                    to which the Secretary of Health and Human                              ance periods.’’.
                                            tion 1197 of the Social Security Act, not to par-                                                                  (e) EFFECTIVE DATE.—The amendments made
                                                                                                    Services has specified a renegotiation period
                                            ticipate in the Fair Price Negotiation Program                                                                  by this section shall apply to sales after the date
                                                                                                    under such agreement, the period beginning on
                                            established under section 1191 of such Act for                                                                  of the enactment of this Act.
                                                                                                    the first date after the last date of such renego-
                                            any selected drug (as that term is defined in sec-
                                                                                                    tiation period and ending on the first date dur-        SEC. 303. FAIR PRICE NEGOTIATION IMPLEMEN-
                                            tion 1192(c) of such Act).’’.                                                                                               TATION FUND.
                                               (5) OPTION OF SECRETARY OF VETERANS AF-              ing which the manufacturer of the drug has
                                                                                                    agreed to a renegotiated maximum fair price               (a) IN GENERAL.—There is hereby established
                                            FAIRS TO PURCHASE COVERED DRUGS AT MAX-
                                                                                                    under such agreement.                                   a Fair Price Negotiation Implementation Fund
                                            IMUM FAIR PRICES.—Section 8126 of title 38,
                                                                                                      ‘‘(4) With respect to information that is re-         (referred to in this section as the ‘‘Fund’’). The
                                            United States Code, is amended—
                                                                                                    quired to be submitted to the Secretary of Health       Secretary of Health and Human Services may
                                               (A) in subsection (a)(2), by inserting ‘‘, subject
                                                                                                    and Human Services under such agreement, the            obligate and expend amounts in the Fund to
                                            to subsection (j),’’ after ‘‘may not exceed’’;
                                               (B) in subsection (d), in the matter preceding       period beginning on the date on which such Sec-         carry out this title (and the amendments made
                                            paragraph (1), by inserting ‘‘, subject to sub-         retary certifies that such information is overdue       by such title).
                                                                                                    and ending on the date that such information is           (b) FUNDING.—There is authorized to be ap-
                                            section (j)’’ after ‘‘for the procurement of the
                                                                                                    so submitted.                                           propriated, and there is hereby appropriated,
                                            drug’’; and
                                               (C) by adding at the end the following new             ‘‘(5) In the case of a selected drug with respect     out of any monies in the Treasury not otherwise
                                            subsection:                                             to which a payment is due under subsection (c)          appropriated, to the Fund $3,000,000,000, to re-
                                               ‘‘(j)(1) In the case of a covered drug that is a     of such section 1193, the period beginning on the       main available until expended, of which—
                                            selected drug, for any year during the price ap-        date on which the Secretary of Health and                 (1) $600,000,000 shall become available on the
                                            plicability period for such drug, if the Secretary      Human Services certifies that such payment is           date of the enactment of this Act;
                                                                                                    overdue and ending on the date that such pay-             (2) $600,000,000 shall become available on Oc-
                                            determines that the maximum fair price of such
                                                                                                    ment is made in full.                                   tober 1, 2020;
                                            drug for such year is less than the price for such
                                                                                                      ‘‘(c) APPLICABLE PERCENTAGE.—For purposes               (3) $600,000,000 shall become available on Oc-
                                            drug otherwise in effect pursuant to this section
                                                                                                    of this section, the term ‘applicable percentage’       tober 1, 2021;
                                            (including after application of any reduction
                                                                                                    means—                                                    (4) $600,000,000 shall become available on Oc-
                                            under subsection (a)(2) and any discount under
                                                                                                      ‘‘(1) in the case of sales of a selected drug dur-    tober 1, 2022; and
                                            subsection (c)), at the option of the Secretary, in                                                               (5) $600,000,000 shall become available on Oc-
                                                                                                    ing the first 90 days described in subsection (b)
                                            lieu of the maximum price (determined after ap-                                                                 tober 1, 2023.
                                                                                                    with respect to such drug, 65 percent,
                                            plication of the reduction under subsection               ‘‘(2) in the case of sales of such drug during          (c)    SUPPLEMENT       NOT     SUPPLANT.—Any
                                            (a)(2) and any discount under subsection (c), as        the 91st day through the 180th day described in         amounts appropriated pursuant to this section
                                            applicable) that would be permitted to be               subsection (b) with respect to such drug, 75 per-       shall be in addition to any other amounts other-
                                            charged during such year for such drug pursu-           cent,                                                   wise appropriated pursuant to any other provi-
                                            ant to this section without application of this           ‘‘(3) in the case of sales of such drug during        sion of law.
                                            subsection, the maximum price permitted to be           the 181st day through the 270th day described in         TITLE IV—PUBLIC HEALTH INVESTMENTS
                                            charged during such year for such drug pursu-           subsection (b) with respect to such drug, 85 per-
                                            ant to this section shall be such maximum fair                                                                  SEC. 401. SUPPORTING INCREASED INNOVATION.
                                                                                                    cent, and
                                            price for such drug and year.                             ‘‘(4) in the case of sales of such drug during          (a) IN GENERAL.—The Secretary of Health and
                                               ‘‘(2) For purposes of this subsection:               any subsequent day, 95 percent.                         Human Services, acting through the Director of
                                               ‘‘(A) The term ‘maximum fair price’ means,             ‘‘(d) SELECTED DRUG.—For purposes of this             the National Institutes of Health, shall continue
                                            with respect to a selected drug and year during         section—                                                to support and to expand, as applicable, bio-
                                            the price applicability period for such drug, the         ‘‘(1) IN GENERAL.—The term ‘selected drug’            medical research carried out through the Na-
                                            maximum fair price (as defined in section               means any selected drug (within the meaning of          tional Institutes of Health innovation projects
                                            1191(c)(2) of the Social Security Act) for such         section 1192 of the Social Security Act) which is       described in section 1001(b)(4) of the 21st Cen-
                                            drug and year.                                          manufactured or produced in the United States           tury Cures Act (Public Law 114–255). The Sec-
                                               ‘‘(B) The term ‘negotiation eligible drug’ has       or entered into the United States for consump-          retary shall ensure that any such research (and
                                            the meaning given such term in section                  tion, use, or warehousing.                              related activities) is conducted in compliance
                                            1192(d)(1) of the Social Security Act.                    ‘‘(2) UNITED STATES.—The term ‘United States’         with section 492B of the Public Health Service
                                               ‘‘(C) The term ‘price applicability period’ has,     has the meaning given such term by section              Act (42 U.S.C. 289a–2) (relating to the inclusion
                                            with respect to a selected drug, the meaning            4612(a)(4).                                             of women and members of minority groups in re-
                                            given such term in section 1191(b)(2) of such             ‘‘(3) COORDINATION WITH RULES FOR POSSES-             search).
                                            Act.                                                    SIONS OF THE UNITED STATES.—Rules similar to              (b) AUTHORIZATION OF APPROPRIATIONS.—To
                                               ‘‘(D) The term ‘selected drug’ means, with re-       the rules of paragraphs (2) and (4) of section          carry out this subsection, in addition to funds
                                            spect to a year, a drug that is a selected drug         4132(c) shall apply for purposes of this section.       made available under paragraph (2) of section




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                                            under section 1192(c) of such Act for such                ‘‘(e) OTHER DEFINITIONS.—For purposes of              1001(b) of the 21st Century Cures Act (Public
                                            year.’’.                                                this section, the terms ‘selected drug publication      Law 114–255), there is authorized to be appro-
                                            SEC. 302. DRUG MANUFACTURER EXCISE TAX FOR              date’ and ‘maximum fair price’ have the mean-           priated, and there is appropriated to the NIH
                                                        NONCOMPLIANCE.                              ing given such terms in section 1191 of the Social      Innovation Account established under such sec-
                                              (a) IN GENERAL.—Subchapter E of chapter 32            Security Act.                                           tion 1001(b), out of any moneys in the Treasury
                                            of the Internal Revenue Code of 1986 is amended           ‘‘(f) ANTI-ABUSE RULE.—In the case of a sale          not otherwise obligated, $2,000,000,000 for fiscal
                                            by adding at the end the following new section:         which was timed for the purpose of avoiding the         year 2021, to remain available until expended.




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                H2615
                                              The SPEAKER pro tempore. The bill,                    verse these trends. This legislation is a                Mr. WALDEN. Madam Speaker, I
                                            as amended, shall be debatable for 3                    commonsense, fiscally responsible one-                 yield myself such time as I may con-
                                            hours equally divided among and con-                    two punch that uses the Federal Gov-                   sume.
                                            trolled by the respective chairs and                    ernment’s savings from lowering pre-                     Madam Speaker, our constituents are
                                            ranking minority members of the Com-                    scription drug costs to lower health in-               looking for us to put aside partisan
                                            mittee on Education and Labor, the                      surance costs for Americans.                           politics. They want us not to play po-
                                            Committee on Energy and Commerce,                         The bill does this by empowering the                 litical games, and they want us to find
                                            and the Committee on Ways and                           Secretary of Health and Human Serv-                    common ground to address the unprec-
                                            Means.                                                  ices to negotiate a fair price for pre-                edented deadly challenges caused by
                                              The gentleman from Virginia (Mr.                      scription drugs. This legislation stops                COVID–19.
                                            SCOTT), the gentlewoman from North                      the gouging at the pharmacy counter                      We need to work together to lower
                                            Carolina (Ms. FOXX), the gentleman                      and ensures that Americans no longer                   prescription drug prices. We need to
                                            from New Jersey (Mr. PALLONE), the                      pay 4 or 5 or 10 times the amount peo-                 work together to aid States in stabi-
                                            gentleman from Oregon (Mr. WALDEN),                     ple in other countries pay for the exact               lizing health markets damaged by the
                                            the gentleman from Massachusetts                        same drug. This negotiation not only                   ACA. We need to work together to
                                            (Mr. NEAL), and the gentleman from                      levels the playing field, but it also                  lower out-of-pocket costs for patients,
                                            Texas (Mr. BRADY) each will control 30                  saves hundreds of billions of dollars.                 including capping seniors’ drug costs
                                            minutes.                                                  H.R. 1425 will then reinvest these sav-              under Medicare, encourage participa-
                                              The Chair recognizes the gentleman                                                                           tion of private health insurance, and
                                                                                                    ings to lower healthcare costs for con-
                                            from New Jersey (Mr. PALLONE).                                                                                 we really need to fund our community
                                                                                                    sumers and to expand access to afford-
                                                             GENERAL LEAVE
                                                                                                    able care. More middle-class Americans                 health centers. We need to increase the
                                              Mr. PALLONE. Madam Speaker, I                         would receive financial assistance with                options available through the market
                                            ask unanimous consent that all Mem-                     monthly premiums. A family of four,                    and end surprise medical billing. We
                                            bers may have 5 legislative days in                     for example, with an annual income of                  could do all of that. We could do it to-
                                            which to revise and extend their re-                    $60,000 would save $2,000 annually, and                gether, and it could become law.
                                            marks and add extraneous material on                    a family of four with an annual income                   Unfortunately, instead, here we are
                                            H.R. 1425, the Patient Protection and                   of $100,000, who previously did not qual-              wasting time on a partisan bill that
                                            Affordable Care Enhancement Act.                        ify for subsidies, would save $8,000                   has zero chance of becoming law. This
                                              The SPEAKER pro tempore. Is there                                                                            is no way to govern at any time, but
                                                                                                    every year.
                                            objection to the request of the gen-                                                                           especially in a pandemic.
                                            tleman from New Jersey?                                   Now, this is in addition to the sav-
                                                                                                    ings that they also had under the un-                    At a time when we are asking our Na-
                                              There was no objection.                                                                                      tion’s innovators to find new cures and
                                              Mr. PALLONE. Madam Speaker, I                         derlying ACA. This is, under this bill,
                                                                                                    in addition to what they normally                      treatments to address COVID–19 at
                                            yield myself such time as I may con-                                                                           record speed and with record invest-
                                            sume.                                                   saved—and that is real savings to hard-
                                                                                                    working families.                                      ment, Democrats want to enact a so-
                                              Madam Speaker, as Americans con-                                                                             cialist drug pricing scheme that could
                                            tinue to face the COVID–19 pandemic                       This legislation also lowers Ameri-
                                                                                                                                                           devastate this country’s innovation in
                                            and a severe economic downturn, they                    cans’ healthcare costs by reversing
                                                                                                                                                           the middle of a global pandemic.
                                            are justifiably concerned about their                   some of the worst sabotage from the
                                                                                                                                                           Frankly, it is unconscionable.
                                            health and their financial future.                      Trump administration. It reverses the
                                                                                                                                                             This legislation before us today pro-
                                              Today, we are here to provide more                    administration’s expansion of junk in-
                                                                                                                                                           vides $100 billion in bailouts for insur-
                                            relief to the American people, and I                    surance plans that leave patients sad-
                                                                                                                                                           ance companies at a time when insur-
                                            rise in strong support of H.R. 1425, the                dled with thousands of dollars in med-
                                                                                                                                                           ers are not paying for elective proce-
                                            Patient Protection and Affordable Care                  ical debt. It restores critical outreach
                                                                                                                                                           dures due to COVID. Now, we all want
                                            Enhancement Act, legislation that will                  in enrollment funding that was gutted
                                                                                                                                                           to make premiums more affordable,
                                            make healthcare and prescription                        by the Trump administration, and it
                                                                                                                                                           but all signs are insurers do not need a
                                            drugs more affordable and will expand                   reduces racial and ethnic healthcare
                                                                                                                                                           bailout right now.
                                            access to health coverage.                              disparities.                                             Wouldn’t that money be better spent,
                                              Madam Speaker, this legislation                         H.R. 1425 also builds on the ACA’s                   Madam Speaker, on funding our Na-
                                            strengthens the Affordable Care Act for                 Medicaid      expansion    and    further              tion’s community health centers, giv-
                                            the future, which is critical at a time                 strengthens this important program                     ing them certainty, rather than letting
                                            when the Trump administration and                       and provides for additional incentives                 their funding run out in just a matter
                                            Republicans continue to support a law-                  to States that stubbornly refuse to ex-                of months? They are on the front lines
                                            suit before the Supreme Court that                      pand their programs. And for political                 of this fight in our communities. They
                                            would strike down the entire ACA.                       reasons, many of the red States have
                                              These actions could result in 23 mil-                                                                        are on the front lines of the fight on
                                                                                                    done that; they just refuse to expand                  testing and treating patients in rural
                                            lion Americans losing their health cov-                 Medicaid. But these holdout States, if
                                            erage and the elimination of critical                                                                          and       underserved      communities.
                                                                                                    they expand Medicaid, 4.8 million peo-                 Shouldn’t we fund them, give them sta-
                                            consumer protections for more than 130                  ple would gain Medicaid coverage over-
                                            million people with preexisting condi-                                                                         bility and certainty?
                                                                                                    night, including 2.3 million uninsured                   And speaking of monies poorly spent,
                                            tions during the middle of a pandemic.                  Americans.                                             today Democrats are proposing we
                                            Sadly, this is nothing new.                               This bill also takes an important
                                              Madam Speaker, over the last 4                                                                               spend $400 million to prop up
                                                                                                    step to address the country’s maternal                 ObamaCare’s enrollment. This includes
                                            years, much of the ACA’s progress has                   mortality crisis by extending Medicaid
                                            been halted and, in some cases, re-                                                                            $100 million for the failed and discred-
                                                                                                    postpartum coverage from 60 days to 1                  ited Navigator Program; $100 million
                                            versed by the Trump administration’s                    year. Simply put, this policy will save
                                            sabotage campaign.                                                                                             for outreach and marketing, only for
                                                                                                    lives.                                                 ACA-compliant plans, not any of the
                                              Thanks to the ACA, the uninsured
                                            rate fell to a historic low. However, the                 Madam Speaker, the Patient Protec-                   more affordable alternatives; and $200
                                            Trump administration’s actions have                     tion and Affordable Care Enhancement                   million for States to boost enrollment,
                                            driven up the uninsured rate. Today,                    Act lowers healthcare and prescription                 with no strings attached—no trans-
                                            millions more Americans are uninsured                   drug costs, expands coverage for mil-                  parency, no accountability.
                                            and afraid they will not be able to af-                 lions of Americans, and reverses the                     This law has been on the books for 10




dlhill on DSK120RN23PROD with HOUSE
                                            ford the cost of care if they become                    Trump administration’s years-long ef-                  years, and we must spend nearly half a
                                            sick.                                                   fort to undermine Americans’ access to                 billion dollars to make it look like it is
                                                                                                    quality and affordable healthcare.                     working?
                                                           b 1015                                     Madam Speaker, I strongly urge my                      In this bill, Democrats want to force
                                              The Patient Protection and Afford-                    colleagues to support this bill, and I re-             States to expand Medicaid, allowing
                                            able Care Enhancement Act will re-                      serve the balance of my time.                          expansion States to get 100 percent of



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                                            H2616                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            Federal Medicaid payments, while pun-                   of the provisions we put in months ago                 in Medicaid, regardless of their income
                                            ishing, in the middle of a pandemic,                    have been signed into law, proving that                changes, they will be covered for a full
                                            taking money away from, nonexpan-                       it is, indeed, a bipartisan package.                   year.
                                            sion States, taking it away from their                    Instead of pursuing proven bipartisan                  The bill ends the Trump administra-
                                            Medicaid. That is what this bill does. If               solutions, unfortunately, Democrats                    tion’s expansion of junk insurance
                                            they don’t expand, the Federal Govern-                  again are forcing partisan politics on                 plans, which exclude coverage of rou-
                                            ment’s heavy hand comes in and takes                    this House and this country, fewer op-                 tine care—imagine that; what kind of
                                            money back out of Medicaid. It is vin-                  tions for patients at a time when we                   policy doesn’t cover routine care?—and
                                            dictive, and it is probably unconstitu-                 need more treatments and more cures                    has left patients on the hook for thou-
                                            tional.                                                 than most.                                             sands of dollars in medical bills, and it
                                              You know, the Supreme Court,                            This bill is a perfect illustration why              reinstates critical funding for out-
                                            Madam Speaker, said expansion is the                    Americans are so cynical about Wash-                   reach, marketing, and enrollment so
                                            States’ decision. This legislation vio-                 ington. The American people deserve                    more Americans can easily sign up for
                                            lates that. We need to work together                    better.                                                insurance.
                                            with the States as partners, not treat                    Madam Speaker, I urge a ‘‘no’’ vote,                   I am very proud that many parts of
                                            them like subordinates.                                 and I reserve the balance of my time.                  this bill originated in the Health Sub-
                                              Now, in the last Congress, I advo-                      Mr. PALLONE. Madam Speaker, I                        committee, which I chair, where my
                                            cated for multiple policies that would                  yield 2 minutes to the gentlewoman                     first hearings as chair examined how to
                                            help States stabilize health markets                    from California (Ms. ESHOO), a long-                   strengthen the ACA.
                                            damaged by the ACA. But, unfortu-                       time champion of the ACA.                                This is good for the American people,
                                            nately, House Democrats repeatedly                        Ms. ESHOO. Madam Speaker, I rise                     especially during this crisis of a pan-
                                            blocked our ideas.                                      in support of H.R. 1425, the Patient                   demic and a recession.
                                              We all want patients to have access                   Protection and Affordable Care En-                       Mr. WALDEN. Madam Speaker, I
                                            to high-quality and affordable health                   hancement Act.                                         yield 3 minutes to the gentleman from
                                            coverage, but this measure doubles                        Today, we deliver on our promise to                  Texas (Mr. BURGESS), the ranking
                                            down on policies that have already                      the American people to undo the                        member and former chairman of the
                                            failed.                                                 Trump administration’s total sabotage                  Health Subcommittee on the Energy
                                              One thing is clear: We need to make                   of the Affordable Care Act and make                    and Commerce Committee.
                                            our healthcare system work better for                   healthcare affordable for every Amer-                    Mr. BURGESS. Madam Speaker, the
                                            all Americans. That is why our goal                     ican.                                                  Affordable Care Act, for the last 10
                                            should be to advance solutions to pro-                    Since the ACA was signed into law,                   years, really has been anything but af-
                                            tect patients, to stabilize healthcare                  23 million Americans have been in-                     fordable. Prices have gone up every
                                            markets, to encourage greater flexi-                    sured, every person with a preexisting                 year in spite of what we were promised.
                                            bility for States, and to promote poli-                 condition was protected, and children                  It has only been the last 2 years that
                                            cies to help Americans get and keep                     could stay on their parents’ health in-                premiums have actually begun to re-
                                            coverage.                                               surance policy until they turned 26.                   duce, and that is because of some of the
                                              Madam Speaker, I have great respect                     Now, in the middle of a pandemic and                 policies enacted by the current admin-
                                            for the chairman. We have worked to-                    a recession, the Trump administration                  istration expanding the usability of
                                            gether on a number of different issues                  and congressional Republicans are sup-                 limited duration plans, expanding asso-
                                            in the Congress with great success at                   porting a lawsuit before the Supreme                   ciation health plans.
                                            the Energy and Commerce Committee.                      Court—imagine this—to strike down                        So when we talk about this bill to ex-
                                            Unfortunately, our bipartisan work to                   the entirety of the ACA. I think that                  pand the Affordable Care Act, what we
                                            lower drug prices was derailed by the                   there is one word for this: cruel.                     are really doing is increasing the
                                            Speaker in December when she decided                      H.R. 1425 does the opposite. It                      unaffordability of healthcare in this
                                            to force politics over real progress.                   strengthens the ACA and makes                          country.
                                              I recently read an article about a                    healthcare affordable by lowering pre-                   Now, H.R. 1425 establishes a new rein-
                                            man suffering from ALS who has dedi-                    miums and reducing drug prices.                        surance program, and it is going to
                                            cated his life to finding a cure. And                     The bill ensures that no American                    cost $10 billion per year forever. There
                                            like Americans with ALS, there are                      will pay more than 8.5 percent of their                is no end date.
                                            millions of Americans suffering from                    income for insurance premiums, bene-                     This reinsurance program does not
                                            other life-threatening or debilitating                  fiting approximately 20 million Ameri-                 include some of the longstanding pro-
                                            diseases, like cancer or sickle cell ane-               cans.                                                  tections that ensure that Federal fund-
                                            mia. They are hoping, and their fami-                     The bill allows Medicare to directly                 ing cannot be used to pay for abor-
                                            lies are hoping, that one day there will                negotiate the price of the costliest                   tions.
                                            be a cure.                                              drugs, and the lower prices will be                      If we want to pass a bipartisan rein-
                                              Now, it is not debatable the bill be-                 available to every American, including                 surance policy, Energy and Commerce
                                            fore us today will reduce the number of                 those who receive their health insur-                  Republicans have a bill, H.R. 1510,
                                            new treatments in the future, new                       ance through their employer.                           which includes reinsurance coupled
                                            medicines, new lifesaving medicines,                      H.R. 1425 extends coverage to nearly                 with structural reform of the Afford-
                                            perhaps. The Council of Economic Ad-                    5 million Americans by pushing the                     able Care Act and gives States more
                                            visers found there could be more than                   holdout States to finally expand Med-                  choice on how to repair their markets
                                            100 fewer treatments, fewer medicines,                  icaid. This would be such a blessing to                that have been damaged by the Afford-
                                            that would never be invented, never be                  people in those States whose Governors                 able Care Act, and it is offset by stop-
                                            discovered, if this legislation we are                  denied them health insurance cov-                      ping bad actors from gaming the sys-
                                            going to vote on becomes law—100                        erage.                                                 tem. Importantly, it does include the
                                            fewer.                                                    It also mandates 12 months of Med-                   Hyde protections and, therefore, pro-
                                              We can lower drug prices while pre-                   icaid coverage for eligible postpartum                 tects life.
                                            serving the hope those praying for a                    mothers.                                                 H.R. 1425 also punishes States that
                                            cure have. There is common ground to                      The SPEAKER pro tempore. The                         choose not to expand Medicaid by cut-
                                            be had here, and I have offered many                    time of the gentlewoman has expired.                   ting their Federal share of Medicaid
                                            times to work on bipartisan legislation                   Mr. PALLONE. Madam Speaker, I                        funding.
                                            to lower drug costs without limiting—                   yield an additional 1 minute to the                      So let’s be very clear about this. A




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                                            perhaps, even ending—innovation.                        gentlewoman from California (Ms.                       State such as mine that did not expand
                                              H.R. 19 is a bill comprised entirely of               ESHOO).                                                Medicaid reevaluates year by year, but
                                            bipartisan policies. That is our Repub-                   Ms. ESHOO. Madam Speaker, it man-                    if they choose not to expand, if they
                                            lican alternative. But it is not just a                 dates 12 months of Medicaid coverage                   say they can’t afford what this expan-
                                            Republican alternative. Everything in                   for eligible postpartum mothers and                    sion would bring to the State, now this
                                            there is bipartisan. And already, seven                 ensures that, once a person is enrolled                bill proposes to reduce the funding, the



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                 H2617
                                            Federal match, for the traditional                      are already doing it, and provide other                What if that new drug was a cure for
                                            Medicaid populations. And who are                       States additional opportunity to afford                Alzheimer’s, sickle cell anemia, cancer,
                                            they? Blind, aged, disabled, medically                  this type of program.                                  ALS, or maybe even a vaccine for
                                            fragile, children, women.                                 While the impact of the marketplace                  COVID–19?
                                                              b 1030                                may not be seen immediately, we know                     If Democrats want to get serious
                                                                                                    that the uncertainty around COVID–19                   about      addressing      our     Nation’s
                                              Why would we want to do that? Now,                    will likely drive rates up and may con-                healthcare problems and lowering pre-
                                            look, remember the reason that we                       solidate the options available in the                  scription drug prices, a good place to
                                            have some States expanding Medicaid                     marketplace that we have worked so                     start would be H.R. 19, bipartisan legis-
                                            and some not is because of a Supreme                    hard to build robust, quality options                  lation that would lower out-of-pocket
                                            Court case, National Federation of                      for coverage.                                          spending, protect access to new and in-
                                            Independent Business v. Sebelius,                         Since the ACA went into effect, we                   novative cures, and increase trans-
                                            which ruled that threatening States’                    have seen positive trends in coverage                  parency.
                                            Medicaid funding for not expanding is                   and utilization. We must continue to                     We can turn America’s healthcare
                                            unconstitutional. Sections 204 and 205                  build on the parts we know that are                    system around with common sense, pa-
                                            of this bill would violate those very                   working, and in no small part, it is the               tient-centered solutions. Sadly, H.R.
                                            same principles and coerce States rath-                 Medicaid expansion that is helping so                  1425 puts the Federal Government at
                                            er than incentivize them to expand                      many. All of our States are facing                     the center, not the patient.
                                            Medicaid. This will be struck down by                   budget crises right now, and more folks                  Madam Speaker, I urge my col-
                                            the Supreme Court as well.                              are shifting over to Medicaid as they                  leagues to vote ‘‘no.’’
                                              Lastly, this bill uses offsets that                   lose their jobs. While providing                         Mr. WALDEN. Madam Speaker, I re-
                                            would actively harm our Nation’s                        healthcare is an investment upfront, it                serve the balance of my time.
                                            coronavirus response by using offsets                   pays dividends on the back end by driv-                  Mr. PALLONE. Madam Speaker, I
                                            from H.R. 3 that would require the gov-                 ing preventative care and reducing                     yield 2 minutes to the gentleman from
                                            ernment to set prices and confiscate                    costly treatments.                                     Massachusetts (Mr. KENNEDY), a mem-
                                            dollars from pharmacologic developers.                    Madam Speaker, I encourage my col-                   ber of the Energy and Commerce Com-
                                            The Congressional Budget Office anal-                   leagues on both sides of the aisle to                  mittee.
                                            ysis found that such policies would                     consider supporting the comprehensive                    Mr. KENNEDY. Madam Speaker, yes-
                                            lead to substantially fewer new drugs                   bill before us today.                                  terday afternoon I spent a few mo-
                                            coming to market. We really can’t af-                     Mr. WALDEN. Madam Speaker, I                         ments on the porch of a woman named
                                            ford a world without the next                           yield 2 minutes to the gentleman from                  Therese in Lowell, Massachusetts.
                                            remdesivir.                                             Indiana (Mr. BUCSHON), a member of                     Through an oxygen tube and a mask,
                                              Mr. WALDEN. Madam Speaker, I                          the Energy and Commerce Committee.                     and surrounded by four generations of
                                            would just point out that as we sit here                  Mr. BUCSHON. Madam Speaker, first                    her family, she told me the challenges
                                            today, Oklahoma, under a Republican                     of all, I want to echo all the points                  of living with COPD, even though she
                                            Governor, has chosen to expand Med-                     made by Mr. WALDEN in his opening                      never smoked a cigarette.
                                            icaid coverage. That is how it should                   statement.                                               Her mother and her brother both
                                            work, not a penalizing system.                            A decade ago, ObamaCare became the                   passed away in that home. She was ad-
                                              Madam Speaker, I reserve the bal-                     law of the land. This massive, near gov-               amant that she would, too. She was
                                            ance of my time.                                        ernment takeover of our Nation’s                       hoping to make it for just a few more
                                              Mr. PALLONE. Madam Speaker, I                         healthcare system came full of empty                   months, but that survival, Madam
                                            yield 2 minutes to the gentleman from                   promises.                                              Speaker, was contingent on having ac-
                                            Oregon (Mr. SCHRADER), a member of                        President Obama and Congressional                    cess to healthcare. Access that our
                                            the Energy and Commerce Committee.                      Democrats famously promised Ameri-                     President, in court just this last week,
                                              Mr. SCHRADER. Madam Speaker, I                        cans that if you liked your doctor, you                was still trying to take away.
                                            rise today to speak in favor of H.R.                    can keep your doctor. That turned out                    Madam Speaker, how is our country
                                            1425, the Patient Protection and Af-                    not to be true. Millions of Americans                  made     stronger      by   taking    away
                                            fordable Care Enhancement Act.                          lost access to their doctors as insur-                 Therese’s healthcare? What kind of
                                              The bill before us today has a variety                ances have resorted to narrowing net-                  person, let alone administration, looks
                                            of provisions that I have been a long-                  works.                                                 to the wreckage of nearly over 120,000
                                            time supporter of, and now, given the                     And instead of seeing premiums de-                   lives lost, 21⁄2 million infected by a pan-
                                            current healthcare crisis with COVID–                   crease by $2,500, as President Obama                   demic, and decides that the best re-
                                            19, many of these provisions are more                   promised, American families have seen                  sponse is to take away healthcare from
                                            important than ever before. Negoti-                     premiums and deductibles skyrocket.                    millions more?
                                            ating drug prices to save people money,                 Americans deserve an accessible and                      What is great about an administra-
                                            we do it in all aspects of our life, we                 affordable healthcare system that pro-                 tion that idly watches 40 million Amer-
                                            need to do it here.                                     motes quality care and peace of mind,                  icans lose their jobs, and then tries to
                                              I am also proud to colead an effort                   not a system that is a downpayment on                  take away their healthcare, too? How
                                            with Representative HARDER, included                    socialized, one-size-fits-all single-payer             morally bankrupt that we can lavish
                                            in today’s bill, to ensure that folks who               healthcare system that would put the                   praise on essential workers, and then
                                            are losing their employer-sponsored                     government in charge of one of the                     thank them by trying to strip away
                                            healthcare coverage are aware that op-                  most personal decisions families will                  their access to medicine? All so that
                                            tions to maintain that healthcare in-                   ever make.                                             the rich can become richer, the power-
                                            clude both COBRA and the market-                          Rather than working to find bipar-                   ful more powerful, backed up by a mas-
                                            place. It also maintains State flexi-                   tisan solutions for patients, Democrats                sive tax cut and aggregation of cor-
                                            bility and has a mechanism to ensure                    are choosing to double-down on                         porate power.
                                            resources get to the individuals that                   ObamaCare’s biggest flaws. I will focus                  Madam Speaker, this moment has
                                            need the help the most.                                 on drug pricing.                                       proved, like many other moments of
                                              My home State of Oregon has a State                     They are planning to give Wash-                      truth in our Nation, that our fates are
                                            innovation waiver reinsurance program                   ington the power to set drug prices.                   linked. That our future is shared and
                                            under Section 1332 of the ACA, and                      Well, we know that nonpartisan anal-                   uncertain. We have a choice to advance
                                            within the first year it already started                ysis has determined that this would re-                together or to scramble for our own.




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                                            saving money for families by pre-                       sult in fewer medicines being developed                Four generations of Therese’s family
                                            venting a 10 to 15 percent premium in-                  and fewer cures.                                       know the answer. We know that an-
                                            crease.                                                   As a physician, I have had to share                  swer. Today is our chance to prove it.
                                              These reinsurance provisions in H.R.                  bad news with families. I know all too                   Mr. WALDEN. Madam Speaker, one
                                            1425, widely bipartisan, will bolster and               well that by eliminating just one new                  of the greatest tragedies for Therese’s
                                            augment efforts States like mine who                    drug, how devastating that would be.                   family, and that of all other families in



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                                            H2618                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            America, is what the Congressional                      passage of the historic Patient Protec-                healthcare system. Our problem is not
                                            Budget Office tells us this bill will do,               tion and Affordable Care Act, which ex-                that the electorate doesn’t care about
                                            and that is, 38 fewer cures. 38. What if                panded healthcare to 20 million Ameri-                 healthcare. They do. The need for
                                            one of those was a cure for COPD?                       cans. And now this administration is at                healthcare is nonpartisan.
                                              Madam Speaker, I yield 2 minutes to                   the Supreme Court trying to repeal it,                   There are no Republican, Democrat,
                                            the gentleman from Georgia (Mr. CAR-                    and it has been 4 years since our col-                 or Independent strains of cancer, forms
                                            TER), our pharmacist on the com-                        leagues, who say they will protect peo-                of dementia, types of diabetes, or hos-
                                            mittee.                                                 ple, have done anything. They have not                 pitals that check your political party
                                              Mr. CARTER of Georgia. Madam                          given us anything else. All they do is                 registration when you arrive at the
                                            Speaker, I rise today in opposition to                  take knocks.                                           emergency room.
                                            this ObamaCare wish list legislation.                     Many forget that when that bill                        Our primary problem with fixing
                                              I want to start off by saying, Madam                  passed the reforms ended lifetime lim-                 healthcare for America is that we have
                                            Speaker, how disappointed I am. How                     its. People could not get health insur-                pushed and continue to push partisan
                                            disappointed I am that this comes—                      ance if they couldn’t afford it, if they               solutions for a nonpartisan issue.
                                            this partisan healthcare legislation is                 had pre-existing conditions. It allowed                  Have we in both parties not learned
                                            being moved at such a serious time in                   States to expand Medicaid and provide                  that this will not work? We both paid
                                            our Nation’s response to the pandemic.                  access to both quality, affordable                     the price for our failures on healthcare,
                                              This bill was developed and written                   healthcare and protection from crip-                   but the folks who have lost the most
                                            without Republican input, which seems                   pling medical bills.                                   are our constituents, the American
                                            to be the thing to do these days. I was                   In my home State, the bipartisan ex-                 citizens that sent us here.
                                            up here last week talking about the po-                                                                          Let’s be honest, face our past, learn
                                                                                                    pansion under Governor Rick Snyder, a
                                            licing bill, same thing, no Republican                                                                         from it, and craft a better healthcare
                                                                                                    Republican Governor, Healthy Michi-
                                            input. Now we are talking about the                                                                            future. The record is clear.
                                                                                                    gan,     currently     covers     650,000                In 2008, the Democratic Party con-
                                            healthcare bill. No Republican input.                   Michiganders, and supports rural hos-                  trolled the House, the Senate, and the
                                            Partisan legislation, at a time when                    pitals in Michigan that would other-                   White House. You passed the Afford-
                                            our country needs bipartisan solutions.                 wise face a significant financial hard-                able Care Act on straight party lines. If
                                              You know, when a bill is developed                    ship. The reforms in today’s bill, the                 it were the correct solution to Amer-
                                            and written without Republican input,                   Patient Protection and Affordable Care                 ica’s healthcare problems, we wouldn’t
                                            that is usually a good sign that there is               Enhancement Act, build on these suc-                   be here today with your bill to fix it.
                                            no real intention of moving this legis-                 cesses.                                                  Fast forward to 2017. My Republican
                                            lation; and there is not. The other side,                 The     legislation   would     reduce               Party had majorities in the House, the
                                            Madam Speaker, knows that this is not                   healthcare premiums for Americans by                   Senate, and controlled the Presidency.
                                            going to move.                                          expanding existing subsidies under the                 We failed to even get the American
                                              Unfortunately, Americans are suf-                     Affordable Care Act to those that need                 Healthcare Act on the President’s
                                            fering right now, they are suffering                    the help. It would also support out-                   desk.
                                            from COVID–19. We should be working                     reach and enrollment efforts and roll                    Both of these attempts at solving
                                            together, Republicans and Democrats,                    back the current administration’s                      healthcare failed, just like any other
                                            to create solutions that benefit every                  plans to promote junk insurance plans                  partisan attempt to solve healthcare
                                            American. Unfortunately, this bill has                  that lack the coverage of basic bene-                  will fail.
                                            many issues, it is a big government-                    fits.                                                    The issue is so partisan that both
                                            controlled healthcare agenda.                             Finally, it would save Americans bil-                parties had to ultimately resort to the
                                              Once again, Democrats are trying to                   lions of dollars annually by allowing                  parliamentary gymnastics of budget
                                            mandate the price of drugs, or tax                      the Secretary of Health and Human                      reconciliation to have a prayer of get-
                                            manufacturers out of the U.S. market                    Services, a Republican right now, to                   ting a bill on President Obama’s or
                                            if they don’t comply, at a time when                    negotiate drug prices. The Congres-                    President Trump’s desk.
                                            we need to be bringing back manufac-                    sional Budget Office also estimates                      We know that budget reconciliation
                                            turing to the United States. Now we                     that the drugs subject to negotiation                  creates too many limits to implement
                                            are doing just the opposite with this                   would reduce prices by 55 percent.                     the best solutions for healthcare pol-
                                            partisan legislation.                                     Madam Speaker, I urge my col-                        icy. We know that you can pass what-
                                              My colleagues across the aisle want                   leagues to support this bill.                          ever healthcare legislation you dream
                                            fewer cures during the pandemic.                          Mr. WALDEN. Madam Speaker, may                       up with a simple majority here in the
                                            Fewer cures during the pandemic. Are                    I inquire as to how much time each                     House.
                                            you kidding me? That is the last thing                  side has remaining?                                      We also know that partisan bill from
                                            America needs right now.                                  The SPEAKER pro tempore. The gen-                    the House will not get past the 60-vote
                                              This     legislation    also   expands                tleman from Oregon has 161⁄2 minutes                   cloture threshold in the Senate, much
                                            ObamaCare subsidies, allowing some of                   remaining. The gentleman from New                      less get signed into law by the Presi-
                                            the wealthiest Americans to get sub-                    Jersey has 17 minutes remaining.                       dent of the opposing party.
                                            sidies for insurance paid for by the                      Mr. WALDEN. Madam Speaker, I                           Must we continue learning our les-
                                            hard-earned taxpayers’ dollars.                         yield 4 minutes to the gentleman from                  sons in Congress at the expense of the
                                              This is not the time to be partisan,                  Arkansas (Mr. WESTERMAN).                              American citizenry? Let’s work on
                                            Madam Speaker, this is a time for us to                                                                        healthcare legislation that can get a
                                            work together. I hope my colleagues                                       b 1045
                                                                                                                                                           veto-proof vote in the House and 60
                                            across the aisle can set aside these ef-                  Mr. WESTERMAN. Madam Speaker,                        votes in the Senate, regardless of
                                            forts and work with us to pass mean-                    I am grateful that we are finally hav-                 which party controls each Chamber.
                                            ingful, bipartisan legislation.                         ing a discussion on the important issue                  Let’s pass a healthcare bill that is
                                              Mr. WALDEN. Madam Speaker, I re-                      of healthcare. More than a decade of                   too good for a President of either party
                                            serve the balance of my time.                           healthcare conflict has squandered tril-               not to sign into law.
                                              Mr. PALLONE. Madam Speaker, I                         lions of dollars, driven up our national                 After the Republican failure to pass
                                            yield 2 minutes to the gentlewoman                      debt, done relatively little to improve                the American Health Care Act in 2017,
                                            from Michigan (Mrs. DINGELL), another                   healthcare, and destroyed the public’s                 I called my staff together and told
                                            member of the committee.                                confidence in either party’s ability to                them, ‘‘Even though we failed to pass a
                                              Mrs. DINGELL. Madam Speaker, I                        fix the system. We can do better, yet                  bill and moved on to the next issue, the




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                                            rise in support of the Patient Protec-                  we don’t.                                              problems with healthcare did not go
                                            tion and Affordable Care Enhancement                      As an engineer, I learned that the                   away and we are not going to stop
                                            Act.                                                    first step to solving a problem is iden-               working on the issue.’’
                                              And, yes, I agree with my colleagues,                 tifying and defining the problem. Our                    We decided to reverse engineer legis-
                                            this is not the time for partisan poli-                 problem is not that we lack creative                   lation with the final goal being some-
                                            tics. It has been over 10 years since the               solutions to the issues that plague the                thing that everyone could agree upon,



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                               H2619
                                            a bipartisan bill that covered pre-                       The Patient Protection and Afford-                   cies, the anguish from severe illness
                                            existing conditions, insured more peo-                  able Care Act is immensely personal to                 and death that could have been pre-
                                            ple, lowered cost, and gave Americans                   me. See, I grew up for a portion of my                 vented if only the patient had routine
                                            a fair shot at healthcare.                              childhood without health insurance. I                  care and health insurance.
                                               After 11⁄2 years of hard work, the re-               also spent more than 20 years working                    That is why today, for the patients
                                            sult was the Fair Care Act of 2019.                     in two healthcare manufacturing com-                   who need to see a doctor and get treat-
                                            After another year of work, scrutiny,                   panies and was responsible for pro-                    ment, for the recently laid-off workers
                                            and more good ideas, we are close to                    viding healthcare to 18,000 Americans                  who just lost their health insurance,
                                            filing the Fair Care Act of 2020 with                   at a U.S. company.                                     for the families struggling economi-
                                            both a House and Senate version.                          These experiences and the stories I                  cally, I ask you to join me in voting for
                                               It has more than 50 bipartisan bills                 have heard across my district are why                  H.R. 1425, the Patient Protection and
                                            from the House and Senate in the lan-                   I am here today working to reduce out-                 Affordable Care Enhancement Act.
                                            guage, and a few of the bipartisan bills                of-pocket costs and the price of pre-                    This bill would lower healthcare pre-
                                            from the 2019 bill have already been                    scription drugs.                                       miums for middle-class families; en-
                                            signed into law. We should follow this                    Today, Les and his family, they farm                 courage States to expand Medicaid;
                                            pattern.                                                in my district. They pay over $20,000 a                lower the cost of prescription drugs;
                                               Hopefully, you will be pleased to                                                                           and strengthen protections for pre-
                                                                                                    year in premiums with a $12,000 deduct-
                                            know that several of the provisions of                                                                         existing conditions, the same ones that
                                                                                                    ible.
                                            your Affordable Care Enhancement Act                                                                           render a person more likely to die from
                                                                                                      Another family farms by flashlight
                                            can be found in the Fair Care Act.                                                                             COVID–19.
                                                                                                    and works another job during the day,
                                            However, no one reached out to me for                                                                            The American people need our help in
                                                                                                    just for the family health insurance.
                                            input on your bill.                                                                                            this moment, and they need this bill.
                                               I am reaching across the aisle and                     These examples show the heart of the
                                                                                                    problem: If healthcare isn’t affordable,                 Mr. WALDEN. Madam Speaker, I re-
                                            asking you to consider working with us                                                                         serve the balance of my time.
                                            in cosponsoring the Fair Care Act or                    it is not accessible.
                                                                                                      I am proud that the base of this bill                  Mr. PALLONE. Madam Speaker, I
                                            other bills with bipartisan policy.                                                                            yield 2 minutes to the gentlewoman
                                               The American citizenry and I am                      is my bipartisan bill, H.R. 1425, the
                                                                                                    State Health Care Premium Reduction                    from Illinois (Mrs. BUSTOS).
                                            tired of partisan healthcare in action.                                                                          Mrs. BUSTOS. Madam Speaker, I
                                            Will you please join us to change that?                 Act, the first healthcare legislation
                                                                                                                                                           thank the gentleman for yielding.
                                               Mr. PALLONE. Madam Speaker, I                        that I authored as a Member of Con-                      I rise today to support the Patient
                                            yield 2 minutes to the gentlewoman                      gress. This bill will allow States to                  Protection and Affordable Care En-
                                            from Illinois (Ms. KELLY), who is a                     lower the cost of premiums in the indi-                hancement Act.
                                            member of the committee and chairs                      vidual marketplace and to expand ac-                     So many in our Nation are facing ex-
                                            the CBC Brain Trust.                                    cess to healthcare to more Americans.                  treme financial insecurity and extreme
                                               Ms. KELLY of Illinois. Madam                         I am also pleased that this package in-                worry surrounding this global pan-
                                            Speaker, I rise today in support of H.R.                cludes the transformational drug price                 demic. And the Trump administration
                                            1425.                                                   negotiation mechanism from the Elijah                  is trying to eliminate protections for
                                               Since enactment of the ACA, mil-                     E. Cummings Lower Drug Costs Now                       people and families with preexisting
                                            lions of Americans have gained health                   Act, which finally takes on the high                   conditions and leave millions of Ameri-
                                            coverage, but too many families have                    cost of prescription drugs.                            cans without care. This includes more
                                            been left behind by GOP Governors and                     For the 51 percent of nonelderly with                than 730,000 Illinoisans.
                                            legislatures more interested in playing                 preexisting conditions in my congres-                    A man from the congressional dis-
                                            politics than helping families.                         sional district, the ACA was a lifeline.               trict I serve named Robert wrote to me
                                               Today, we build on that success.                     This is a moment that requires us to                   about his family’s rising healthcare
                                               Each year, more than 700 American                    come together as Americans to                          costs. Robert and his wife have both
                                            women die from pregnancy complica-                      strengthen the ACA and reduce the                      worked hard almost their entire lives.
                                            tions, and more than half of these                      cost and increase the access to
                                            deaths are entirely preventable.                                                                               Robert’s first job went back to the age
                                                                                                    healthcare.                                            of 17. His wife started working when
                                               Tragically, Black moms die at three                    Mr. WALDEN. Madam Speaker, I re-
                                            to four times the rate of White moms,                                                                          she was 16.
                                                                                                    serve the balance of my time.                            Today, they are in their early sixties
                                            but passing this bill will help address                   Mr. PALLONE. Madam Speaker, I ne-
                                            that by allowing new moms to remain                                                                            and they are facing skyrocketing pre-
                                                                                                    glected to mention that Ms. CRAIG is                   miums and astronomical deductibles.
                                            on Medicaid for the entire postpartum                   actually the prime sponsor of this leg-
                                            period. And this piece of legislation                                                                          Robert currently pays more than $2,500
                                                                                                    islation.                                              each and every month for just his pre-
                                            left the Committee on Energy and                          I yield 2 minutes to the gentleman
                                            Commerce with many Republican                                                                                  miums.      That,    along    with    his
                                                                                                    from California (Mr. RUIZ), who is a                   deductibles, cost his family about a
                                            votes.                                                  member of the Energy and Commerce
                                               This portion is just one example of                                                                         quarter of all they earn every month.
                                                                                                    Committee and has long worked on the                   He has even been told that because of
                                            the good in this bill and the lives it                  ACA enhancement.
                                            will save. We cannot allow preventable                                                                         his age and his wife’s age they are
                                                                                                      Mr. RUIZ. Madam Speaker, I rise in                   lucky to get coverage at all.
                                            deaths to continue in this country. We                  support of H.R. 1425, the Patient Pro-
                                            must do more. It was safer for me to                                                                             Working your whole life and having
                                                                                                    tection and Affordable Care Enhance-                   to struggle so much just to afford a ne-
                                            have my daughter than it is for my
                                                                                                    ment Act.                                              cessity like healthcare, that is not
                                            daughter now to have a baby.                              We are in the middle of a global pan-
                                               I hope my colleagues will join me in                                                                        what the American Dream is all about.
                                                                                                    demic that has infected millions of                      Robert said to me, ‘‘I am hoping
                                            supporting this lifesaving legislation.
                                               There is a lot of talk about how we                  Americans, left millions more unem-                    more than lip service will happen in
                                            should care about the health of the                     ployed and struggling to pay their                     Washington, D.C.’’ For Robert and his
                                            American citizens, and one thing that                   bills, and underscored the American                    wife and so many other Americans, we
                                            we all can do is wear a mask.                           people’s need for quality, affordable                  must pass this bill to lower the cost of
                                               Mr. WALDEN. Madam Speaker, I re-                     healthcare.                                            healthcare and the cost of prescription
                                            serve the balance of my time.                             It is precisely during this time; it is              drugs, and also to protect people with
                                               Mr. PALLONE. Madam Speaker I                         precisely in our moment of history,                    preexisting conditions.
                                            yield 2 minutes to the gentlewoman                      during American families’ hardships                      Mr. WALDEN. Madam Speaker, I re-




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                                            from Minnesota (Ms. CRAIG).                             and agony; it is precisely now that we                 serve the balance of my time.
                                               Ms. CRAIG. Madam Speaker, I thank                    must act for the people and fight to                     Mr. PALLONE. Madam Speaker, I
                                            the gentleman for yielding.                             make healthcare more affordable and                    yield 2 minutes to the gentleman from
                                               I ask you: What good is a cure if you                accessible.                                            New Jersey (Mr. MALINOWSKI).
                                            can’t access it because you can’t afford                  As an emergency physician, I have                      Mr. MALINOWSKI. Madam Speaker,
                                            it?                                                     seen the faces of failed healthcare poli-              40 million Americans have lost their



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                                            H2620                                              CONGRESSIONAL RECORD — HOUSE                                                      June 29, 2020
                                            jobs in the biggest global pandemic in                  what the Trump administration wants                    ber of Congress because, 3 years ago, I
                                            modern history. Not long ago, most of                   us to do and rip away health coverage                  watched as this body took a vote to re-
                                            them would have lost their health in-                   for millions of Americans.                             peal the Affordable Care Act, which
                                            surance, too. I bet that in the last 3                    A constituent of mine put it best. He                would have ripped healthcare away
                                            months every single one of us, Repub-                   said to me: ‘‘You know, Donald Trump                   from tens of thousands of constituents
                                            lican and Democrat, in private or pub-                  is bad for my health.’’                                in my district and over 2 million Flo-
                                            lic moments with our constituents has                     I am sure all of us here came to Con-                ridians in my home State.
                                            reassured them that at least the Af-                    gress to make a positive difference in                   This was an unconscionable move
                                            fordable Care Act is there for you, you                 the lives of our constituents.                         that would have taken away protec-
                                            do not have to lose your health insur-                    In my district, there are 325,000 peo-               tions for millions with preexisting con-
                                            ance in the middle of this crisis.                      ple enrolled in Medicare, Medicaid, and                ditions, like my constituent Michelle
                                              So how can it be that at this very                    CHIP. Almost 27,000 individuals, hard-                 Garcia, who still suffers after a faulty
                                            moment when the value of the ACA is                     working individuals, got their health                  medical device left broken pieces in her
                                            so plainly obvious to tens of millions of               insurance through the ACA, through                     that, to this day, cause her chronic
                                            Americans, the administration is in                     ObamaCare. But what this administra-                   pain that requires persistent treat-
                                            court trying to strike it down? The                     tion and congressional Republicans                     ment.
                                            President has told us repeatedly he                     want to do and what they are telling                     It is because of the ACA that her cov-
                                            wants to protect people with pre-                       me is that these citizens and 23 million               erage is protected.
                                            existing conditions, but right there in                 other     Americans      don’t   deserve                 It is because of the ACA that dispari-
                                            his brief to the Supreme Court, it ex-                  healthcare.                                            ties in coverage for Latino commu-
                                            plicitly says that should be struck                       My Democratic colleagues and I feel                  nities and African-American commu-
                                            down, too.                                              differently. We are standing up to the                 nities have narrowed.
                                              And when we ask him, What will you                    Trump administration’s attempts to                       It is because of the ACA that insur-
                                            do to replace the ACA if it is struck                   kill the Affordable Care Act. We are                   ance plans can’t deny or make
                                            down? He says, I won’t tell you until                   not going to let this happen, not today,               healthcare more expensive because of
                                            after the election. Come on.                            not on our watch.                                      someone’s gender.
                                              Now, today we are going to pass the                     That is why I am glad the House                        It is because I watched my colleagues
                                            Patient Protection Act, which means,                    Democrats have reintroduced this leg-                  across the aisle try to take the ACA
                                            unlike the President, we are willing to                 islative package that will make                        away that I ran for Congress and am
                                            tell the American people, now, exactly                  healthcare and prescription drugs more                 here fighting to protect their care.
                                            how we plan to improve healthcare in                    affordable for American families.                        Today’s vote is very important to
                                            America.                                                  This is commonsense legislation that                 me. While the President continues his
                                              We believe that the ACA should be                     is a win for all Americans.                            efforts to take away much-needed
                                            improved, not taken away. The Con-                        This bill lowers health insurance pre-               healthcare, especially during a pan-
                                            gressional Budget Office says that this                 miums and makes prescription drugs                     demic, we are making quality care
                                            plan for doing so will lower premiums                   more affordable by empowering Medi-                    more affordable and accessible while
                                            Americans pay by 10 percent.                            care to negotiate for lower prices,                    removing junk plans. We are lowering
                                              We want what President Trump said                     which is something we all know we                      health insurance premiums and pre-
                                            he wanted in the 2016 election, to let                  should do. It is way past time to stop                 scription drug prices. We are also put-
                                            Medicare negotiate the price of pre-                    letting drug companies rip off Ameri-                  ting in incentives for States like Flor-
                                            scription drugs which will save Ameri-                  cans by allowing them to charge us                     ida so that they can expand Medicaid
                                            cans money and save the government                      more than other countries for the same                 and bring care to millions who need it.
                                            over $500 billion.                                      drugs.                                                   It is simple. We shouldn’t be taking
                                              And we want to eliminate the junk                       This bill also strengthens the critical              care away from anyone right now, not
                                            insurance plans that the administra-                    outreach and enrollment funding that                   ever. We shouldn’t be making quality
                                            tion wants all those folks who are los-                 has been gutted by the Trump adminis-                  care more expensive.
                                            ing their jobs to take, even though                     tration.                                                 We need to make it more accessible.
                                            they don’t cover essential services like                  This is a personal passion of mine.                  We need to make it more affordable.
                                            prescription drugs and maternity care.                  Last year, I offered an amendment to                     That is why I am proud to vote ‘‘yes’’
                                              I hope everyone will vote for this bill.              H.R. 987 that would ensure that com-                   on today’s legislation, and, Madam
                                            If there are Members who disagree, so                   munities with high unemployment                        Speaker, I urge my colleagues to do the
                                            be it. I would just ask, Madam Speak-                   were prioritized in outreach, education,               same.
                                            er, that they please be honest. Don’t                   and enrollment assistance to Ameri-                      Mr. WALDEN. Madam Speaker, I re-
                                            say you want to protect people with                     cans shopping for healthcare. And let                  serve the balance of my time.
                                            preexisting conditions if you won’t                     me tell you, it works. In California, we                 Mr. PALLONE. Madam Speaker, I
                                            vote to do so or put forward a plan to                  are enrolling more people, who pay                     yield 2 minutes to the gentlewoman
                                            do so. Don’t advise your constituents                   less, because of widespread enrollment.                from Texas (Ms. JACKSON LEE).
                                            to take advantage of the ACA if you                       We all deserve healthcare. That is                     Ms. JACKSON LEE. Madam Speaker,
                                            are not going to do anything while the                  our right as Americans.                                I thank the chairman of the Energy
                                            President tries to strike it down.                        Madam Speaker, I urge my col-                        and Commerce Committee for his dy-
                                                             b 1100                                 leagues to support this bill.                          namic leadership.
                                              Mr. WALDEN. Madam Speaker, I re-                        Mr. WALDEN. Madam Speaker, may                         Let me indicate that I stand here
                                            serve the balance of my time.                           I inquire as to the amount of time re-                 today in the midst of a catastrophic
                                              Mr. PALLONE. Madam Speaker, I                         maining and if my friend has any other                 pandemic of COVID–19 in the State of
                                            yield 2 minutes to the gentleman from                   speakers. We do not, on our side.                      Texas and in my congressional district
                                            California (Mr. COX).                                     The SPEAKER pro tempore. The gen-                    in Houston and Harris County. Over
                                              Mr. COX of California. Madam                          tleman from Oregon has 121⁄2 minutes                   the last couple of days, we have had up-
                                            Speaker, I am honored to be here today                  remaining. The gentleman from New                      wards of 900 cases.
                                            to speak about the Patient Protection                   Jersey has 6 minutes remaining.                          There are 2.5 million cases over the
                                            and Affordable Care Enhancement Act.                      Mr. WALDEN. Madam Speaker, I be-                     Nation and growing, with 126,000 who
                                              As the COVID–19 pandemic and the                      lieve the gentleman has other speak-                   have died. In the last 3 days of last
                                            related recession causes massive suf-                   ers, so I reserve the balance of my                    week, there were 45,000 new cases. Most




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                                            fering across the country, we have a                    time.                                                  of them were in Texas, California, and
                                            duty to act. Government has a duty to                     Mr. PALLONE. Madam Speaker, I                        Arizona.
                                            act so as to minimize human suffering,                  yield 2 minutes to the gentlewoman                       That is why I am absolutely baffled
                                            not to exacerbate it.                                   from Florida (Ms. MUCARSEL-POWELL).                    and saddened by the fact that this ad-
                                              We must strengthen and enhance the                      Ms. MUCARSEL-POWELL. Madam                           ministration would go to the Supreme
                                            Affordable Care Act rather than do                      Speaker, I stand here today as a Mem-                  Court to cut off, deny, extinguish, put



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                       H2621
                                            in harm’s way Americans who need                        delivers immense savings to taxpayers, em-             affordable, high quality, accessible health care
                                            health insurance and who have pre-                      ployers, workers and patients by preventing            available to everyone, including those with
                                            existing conditions.                                    Americans from having to pay so much more              pre-existing conditions, to the well-being of
                                               This is legislation that is a lifeline.              for our medicines than pharmaceutical compa-           American families.
                                            We are saving lives.                                    nies charge for the same drugs overseas.                  Because of the passage of the Affordable
                                               A family of four earning $40,000 would                  Madam Speaker, this legislation strongly en-        Care Act, the national uninsured rate has
                                            save nearly $1,600. They may have a                     courages Medicaid expansion to hold-out                been slashed from 14.8 in 2012 to 8.8 percent
                                            COVID patient in their family. A 60-                    states like my home state of Texas to recon-           in 2018.
                                            year-old earning $57,000 would save                     sider by renewing the ACA’s original ex-                  Texas has long led the nation in rate of un-
                                            $8,000.                                                 panded federal matching for states that adopt          insured so the comparable rates are 24.6 and
                                               It takes into account people who are                 the Medicaid expansion and progressively re-           15 percent, respectively.
                                            unemployed by replacing insurance                       ducing administrative FMAP for those who                  Madam Speaker, I distinctly recall a can-
                                            that they have lost.                                    continue to refuse.                                    didate for the highest public office in the land
                                               It takes into account the great need                    Currently, nearly 5 million Americans have          saying ‘‘Obamacare is a disaster’’ and appeal-
                                            for drug price negotiation under the                    been cruelly excluded from coverage because            ing for voters to support him with this ques-
                                            Elijah E. Cummings Lower Drug Costs                     states have refused to expand Medicaid.                tion: ‘‘What have you got to lose?’’
                                            Now Act, something that we have all                        Madam Speaker, this legislation provides               The question deserves a response so I
                                            been fighting for, for a very long time.                necessary funding for critical federal and state       hope that person, who occupies the Oval Of-
                                            Why can’t we negotiate drug prices                      efforts to increase health coverage enrollment,        fice, is listening to my answer.
                                            just like they do in Medicare?                          educate consumers of their health care rights,            The Affordable Care Act, or ‘‘Obamacare,’’
                                               I am pleased that this legislation                   and help individuals navigate the health insur-        has been an unmitigated success to the more
                                            protects vulnerable populations from                    ance system.                                           than 20 million Americans who for the first
                                            losing health coverage by ensuring                         And it delivers funding for states who want         time now have the security and peace of mind
                                            that Medicaid and CHIP beneficiaries                    to establish their own statebased Market-              that comes with affordable, accessible, high
                                            receive a full 12 months of coverage                    places.                                                quality health care.
                                            once enrolled, protecting them from                        Madam Speaker, the COVID–19 pandemic                   Madam Speaker, Tip O’Neill used to say
                                            interruption due to fluctuations in                     has laid bare the racial and ethnic inequalities       that ‘‘all politics is local’’ so let me share with
                                            their income throughout the year.                       and disparities in our health care delivery sys-       you how Obamacare has dramatically
                                            That has happened to a lot of hard-                     tem.                                                   changed lives for the better for the people in
                                            working parents.                                           That is why I am pleased that the legislation       my home state of Texas.
                                               In addition, it improves Medicaid                    before us protects vulnerable populations from            1.874 million Texans gained coverage since
                                            beneficiaries’ access to primary care.                  losing health coverage by ensuring that Med-           the ACA was implemented but could lose their
                                            And, yes, for those States that did not                 icaid and CHIP beneficiaries receive a full 12         coverage if the ACA is entirely or partially re-
                                            do the right thing, it encourages Med-                  months of coverage once enrolled, protecting           pealed or invalidated.
                                            icaid expansion. It gets rid of junk poli-              them from interruptions due to fluctuations in            508,000 kids in Texas who have gained
                                            cies.                                                   their income throughout the year.                      coverage since the ACA was implemented are
                                               Madam Speaker, let us vote for this                     And it improves Medicaid beneficiaries’ ac-         also at risk of having their coverage rolled
                                            bill because it stops the devastation.                  cess to primary care physicians, by reauthor-          back.
                                               Madam Speaker, as a senior member of                 izing the ACA’s increased payments to pri-                205,000 young adult Texans who were able
                                            this body and an original cosponsor of the leg-         mary care physicians who treat Medicaid re-            to stay on a parent’s health insurance plan
                                            islation, I rise in strong and enthusiastic sup-        cipients.                                              thanks to the ACA now stand to lose coverage
                                            port of H.R. 1425, the ‘‘Patient Protection and            Also, very important is that the legislation        if the ACA is struck down, eliminating the re-
                                            Affordable Care Enhancement Act,’’ which ex-            addresses the maternal mortality epidemic by           quirement that insurers allow children to stay
                                            pands tax credits to lower Americans’ Market-           requiring states to extend Medicaid or CHIP            on their parents’ plans until age 26.
                                            place health insurance premiums and allow               coverage to new mothers for 1-year post-                  646,415 Texans who received cost-sharing
                                            more middle-class individuals and families to           partum.                                                reductions to lower out-of-pocket costs such
                                            qualify for subsidies and know the peace of                Finally, Madam Speaker, H.R. 1425 cracks            as deductibles, co-pays, and coinsurance but
                                            mind that comes with access to affordable,              down on junk plans & strengthens protections           are now at risk of having healthcare become
                                            high quality health care.                               for people with pre-existing conditions and re-        unaffordable if the Trump Administration has
                                               This legislation is especially needed in these       verses the Trump Administration’s expansion            its way in the Supreme Court.
                                            dark and troubling times when the COVID–19              of junk health insurance plans that do not pro-           10.28 million Texans who now have private
                                            pandemic has already claimed the lives of               vide coverage for essential medical treatments         health insurance that covers preventive serv-
                                            more than 128,000 Americans and over 40                 and drugs, and that are allowed to discrimi-           ices without any co-pays, coinsurance, or
                                            million have lost their jobs because of the Ad-         nate against people with preexisting medical           deductibles stand to lose this access if the
                                            ministration’s catastrophic response to the cri-        conditions.                                            provisions in the ACA requiring health insurers
                                            sis.                                                       And it curtails the Trump Administration’s          to cover important preventive services without
                                               Specifically, Madam Speaker, I support H.R.          pernicious practice of giving states waivers to        cost-sharing is stricken.
                                            1425 because under this legislation:                    undermine protections for people with pre-ex-             913,177 individuals Texans who received fi-
                                               1. A family of four earning $40,000 would            isting conditions and weaken standards for es-         nancial assistance to purchase Marketplace
                                            save nearly $1,600 in premiums each year.               sential health benefits.                               coverage in 2016, averaging $271 per indi-
                                               2. A 64-year-old earning $57,420 would                  Madam Speaker, to stroll down memory                vidual, are at risk of having coverage become
                                            save more than $8,700 in premiums each                  lane for those of us who remember how things           unaffordable if the ACA is not protected.
                                            year.                                                   were before the enactment of the Affordable               Madam Speaker, millions more Texans
                                               3. A single adult with income of $31,900             Care Act, dozens of our committees, including          could have insurance if all states adopted the
                                            would see premiums cut in half.                         the Judiciary Committee, heard the pain of             ACA’s Medicaid expansion.
                                               4. An adult earning $19,140 would see pre-           people whose family members had died be-                  Women in Texas who can now purchase in-
                                            miums cut to zero, saving $800 dollars a year.          cause they had no access to healthcare and/            surance for the same price as men are at risk
                                               Additionally, the legislation ensures that           or they had junk policies.                             of being charged more for insurance if the
                                            families who do not have an offer of affordable            Access to affordable, high quality health in-       ACA’s ban on gender rating in the individual
                                            family coverage from an employer can qualify            surance because of the ACA was a game                  and small group markets is invalidated.
                                            for subsidies in the Marketplaces and it pro-           changer or persons with preexisting conditions            Before the ACA, women paid up to 56 per-
                                            vides funding for reinsurance initiatives to fur-       like Sickle Cell anemia, triple negative breast        cent more than men for their health insurance.




dlhill on DSK120RN23PROD with HOUSE
                                            ther lower premiums, deductibles, and other             cancer, and diabetes which plague commu-                  Roughly 4.5 million Texans who have pre-
                                            out-of-pocket costs.                                    nities like the ones I represent.                      existing health conditions are at risk of having
                                               Importantly, included in the legislation is the         As a member of Congress who voted                   their coverage rescinded, being denied cov-
                                            drug price negotiation mechanism from H.R. 3,           against each of the dozens of Republican ef-           erage, or being charged significantly more for
                                            the transformational Elijah E. Cummings                 forts to repeal the Affordable Care Act, I know        coverage if the ACA’s ban on preexisting con-
                                            Lower Drug Costs Now Act, (H.R. 3), which               first-hand how important and critical access to        ditions is struck down.



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                                            H2622                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                               346,750 Texas seniors who have saved an              those scientists we are all turning to                 on policy and move those forward into
                                            average of $1,057 each as a result of closing           right now, Madam Speaker, these bril-                  law while we debate the things where
                                            the Medicare prescription drug ‘‘donut hole’’           liant young men and women in labora-                   we have a disagreement and work to
                                            gap in coverage stand to lose this critical help        tories all across America, especially                  try and find common ground? But that
                                            going forward.                                          those out in California at California                  is not what is happening today.
                                               1.75 million Texas seniors who have re-              Life Sciences Association, said this                     The navigator program, the bill
                                            ceived free preventive care services thanks to          legislation, H.R. 3, part of which is in-              dumps $100 million more into the ex-
                                            ACA provisions requiring coverage of annual             corporated in this bill, could lead to as              change user fee program, into the
                                            wellness visits and eliminating cost-sharing for        much as a 58 percent reduction in rev-                 failed navigator program. Let’s talk
                                            many recommended preventive services cov-               enue, which would significantly reduce                 about that a minute.
                                            ered by Medicare Part B, such as cancer                 investment in partnerships, licensing                    Navigators enroll less than 1 percent
                                            screenings, are at risk of losing access to             agreements, and emerging companies,                    of total enrollees, according to one re-
                                            these services if the ACA is not protected.             and, therefore, lead to an 88 percent re-              port. In fact, one awardee of the navi-
                                               The Affordable Care Act works and has                duction in new medicines developed by                  gator program had an enrollment goal
                                            made a life-affirming difference in the lives of        small U.S. biotech companies. That                     of 2,000. It kind of missed their goal,
                                            millions of Americans, in Texas and across the          number was an 88 percent reduction.                    Madam Speaker. They enrolled one
                                            country.                                                  Further, they expect it to eliminate                 person.
                                               This is what happens when a visionary                80,000 high-paying biotech and R&D
                                            president cares enough to work with a com-                                                                                        b 1115
                                                                                                    jobs nationwide. Why would you do
                                            mitted and empathetic Congress to address               that now? Why would you knowingly                        They eventually enrolled a total of 67
                                            the real issues facing the American people.             enact a provision in legislation that                  for $2,300 per enrollee. And in the pri-
                                            The Republicans have NO vision whether it is            would cut 80,000 American high-tech                    vate sector, they do that for about
                                            for Obamacare (ACA) or Medicare for all—                and R&D jobs in the healthcare field,                  $2.40, not $2,300.
                                            they are denying health coverage to the most            where we are pleading for a cure. We                     The top 10 navigators signed up just
                                            vulnerable American families and Americans              are, dare I say, praying for a cure or a               317 people in 2017. We are going to
                                            with pre-existing conditions. Vote for this bill.       treatment not only for COVID but for                   pump far more money into that. This
                                               You want to know why the American people                                                                    legislation would do that. We have
                                                                                                    these other diseases. The legislation
                                            have Obamacare?                                                                                                heard about some of that.
                                               It is because Obama cared.                           before us today would do that.
                                                                                                      We have heard a lot about inter-                       The subsidies in here for some of the
                                               The same cannot be said about this Repub-                                                                   wealthiest Americans—kind of ironic
                                            lican president and congressional Republicans           national price controls this legislation
                                                                                                    would put in place, government price                   that the Democrats would be doing this
                                            who have made careers of attacking and un-                                                                     in their legislation, but they removed
                                            dermining the Affordable Care Act’s protec-             setting. Now, let’s talk about what
                                                                                                    that means.                                            the subsidy cap that diverts taxpayer
                                            tions and benefits for the American people.                                                                    dollars for some of the highest earners
                                               I urge all Members to vote for H.R. 1425               For example, when looking at a sam-
                                                                                                    ple of 270 new medicines launched in                   in the country.
                                            and send a powerful message to the President                                                                     There is a blank check for insurance
                                            and the American people that this House will            the United States from 2011 to 2018, of
                                                                                                    those available in the United States                   companies. I have talked about the loss
                                            not stand idly by as this Administration tries to                                                              of cures, up to 38 in the next 20 years.
                                            take away health care from more than 130                under our formula, 67 percent are avail-
                                                                                                    able in Germany, 64 percent in the                     Remember, the 10- and 20-year pipe-
                                            million persons.                                                                                               lines here, there are some estimates
                                               Mr. WALDEN. Madam Speaker, I be-                     U.K., 48 percent in Japan, 53 percent in
                                                                                                    France, about 52 percent in Canada, 41                 that there could be hundreds of new
                                            lieve neither of us has any more speak-
                                                                                                    percent in Australia.                                  drugs.
                                            ers. I yield myself such time as I may
                                                                                                      Even in countries where treatment                      When I think about the farmer in
                                            consume to close.
                                               Madam Speaker, we have had a good                    may have been launched, patients often                 Minnesota we heard about with $20,000
                                            debate here on the floor. Unfortu-                      have to wait months, sometimes years,                  in premiums per year and $12,000 co-
                                            nately, it is not a debate over a bipar-                before they get access to that treat-                  payments, that is what America got
                                            tisan piece of legislation. It is a debate              ment. Compared to the United States,                   from the ‘‘Affordable Care Act.’’ That
                                            over a partisan bill that will never be-                in Australia, it takes an average of 19                is what ObamaCare delivered. It didn’t
                                            come law. The President’s office has                    months longer for medicines to become                  do anything to go after the costs of
                                            issued a recommendation that he                         available to patients.                                 healthcare.
                                            would veto this bill, should it ever get                  By the way, this is the scheme that                    The Trump administration, con-
                                            out of the Senate and to his desk.                      this legislation wants to put into the                 versely, has done a lot to go after the
                                               Beyond that, let’s talk about what                   United States.                                         cost of healthcare. I have been with the
                                            impact this will have in this pandemic.                   Compared to the U.S., in Canada, it                  President when he announced initia-
                                               We have heard a lot about drugs. We                  takes an average of 14 months longer                   tives to make hospitals disclose their
                                            know from the Congressional Budget                      for medicines to become available to                   costs so Americans could shop and we
                                            Office that this legislation will reverse               patients.                                              could get competition. We had no more
                                            the gains and innovation made in the                      More than a year is a long time to                   left the Roosevelt Room and returned
                                            bipartisan 21st Century Cures Act, that                 wait if you know there is a medicine                   to the Oval Office when the Secretary
                                            it would result in fewer new drug prod-                 that could help you with some disease                  of Health and Human Services an-
                                            ucts developed and coming to market.                    and that medicine has just been devel-                 nounced the American Hospital Asso-
                                            In fact, the Congressional Budget Of-                   oped, and you can get it in America to-                ciation already filed suit to stop that
                                            fice estimates that up to 38 fewer medi-                morrow and wait 14 months in Canada.                   transparency in disclosure.
                                            cines would be developed to cure dis-                   In the U.K., it could be 11 months                       By the way, the administration just
                                            eases.                                                  longer.                                                won a judgment in court that they can
                                               My friend from Massachusetts talked                    It doesn’t have to be that way. We                   proceed to get that disclosure so con-
                                            about Therese on the doorstep in Low-                   have H.R. 19. We introduced it at the                  sumers can know what things cost and
                                            ell, Massachusetts, with COPD. What a                   beginning of this debate some time                     make informed decisions.
                                            tragedy it would be if one of those 38                  ago. I think there were seven different                  We worked together across the aisle
                                            medicines under development happened                    provisions that have already become                    when I was chairman of the Energy and
                                            to cure COPD.                                           law. Everything in that legislation is                 Commerce Committee on really power-
                                               Maybe it is a cure for COVID–19.                     bipartisan.                                            ful legislation to address the opioid cri-




dlhill on DSK120RN23PROD with HOUSE
                                            Maybe it is a cure for ALS or Alz-                        Look, there are going to be dif-                     sis in America. We put enormous
                                            heimer’s or some form of cancer, like                   ferences of opinion among really good                  amounts of money into our community
                                            the ovarian cancer that claimed my                      people that I work with on a regular                   health centers. We fully funded, for a
                                            mother.                                                 basis, and we just disagree on policy.                 decade, the Children’s Health Insur-
                                               What we do know is it puts a dagger                  But wouldn’t it make more sense to                     ance Program, and we did all of that in
                                            in the heart of innovation. In fact,                    take the things upon which we do agree                 a very, very bipartisan way.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                              H2623
                                              We, in the last few years, under the                  new medicines and put 88,000 jobs in                   Americans having health insurance
                                            Republican majorities, rewrote Amer-                    the high-tech world of innovation in                   when President Obama left office. That
                                            ica’s mental health laws. We all know                   medicine, that bill is going nowhere.                  number is going down. Last week, the
                                            there is more to be done to get mental                  This bill is going nowhere. The police                 Trump administration filed a brief
                                            health services into our communities,                   reform bill is going nowhere.                          again to repeal the Affordable Care
                                            but we have put an unprecedented                          What a tragedy. What a lot of oppor-                 Act.
                                            amount of support into mental health                    tunity. Because there are many, many                     The tragedy is what he has done,
                                            services.                                               of us on this side of the aisle, as the                what President Trump has done to en-
                                              Meanwhile, our community health                       Speaker knows, who stand ready to                      courage junk plans, which basically
                                            centers, under the Democrats, continue                  work in a bipartisan way to get good                   don’t allow people with preexisting
                                            to get an every-couple-of-month infu-                   policy and to solve problems for the                   conditions to even get health insur-
                                            sion of money, which is enormously                      American people.                                       ance. This is the tragedy. And we in
                                            frustrating for them. I know when I                       Madam Speaker, it is unfortunate we                  this Congress are doing things to re-
                                            was chairman, it made national head-                    find ourselves here today when Ameri-                  verse this sabotage of the Trump ad-
                                            lines that there were some levels of                    cans expect so much more out of this                   ministration, beginning today, again,
                                            delay in fully funding our community                    institution. I hope people will show up                with this enhancement act.
                                            health centers, and we ended up get-                    and we can actually do our work and                      Now, I just want to say that one of
                                            ting them a 2-year, fully funded, at the                actually do it in a way that will bring                the things that we are doing here that
                                            highest level ever, funding guarantee.                  a positive view on this House and on                   is so important is reversing the Trump
                                              Their money runs out in November.                     our ability to solve these enormous                    administration’s pushing of these junk
                                            Why are we doing that? Why aren’t we                    problems that the American people are                  plans. The Energy and Commerce Com-
                                            taking that up?                                         facing, whether they are suffering from                mittee did a report investigation of it
                                              The President led the effort on sur-                  COPD or simply higher insurance pre-                   last year, and what we found was that
                                            prise medical billing so that, even if                  miums and deductibles.                                 these junk plans discriminate against
                                            you have insurance and you end up like                    What good is your insurance plan if                  people with preexisting conditions.
                                            a woman in Colorado who, a few years                    you can’t afford to use it, or when you                They rescind coverage if they have to
                                            back, gave birth to her second son.                     think you followed all of the rules to                 pay out too much. They limit coverage.
                                            That child, born in a hospital, covered                 use it and then find out they con-                       Remember, the Affordable Care Act
                                            by her insurance, doctors covered by                    tracted out the emergency room and                     provided an essential benefit package,
                                            her insurance, had a medical issue                      nobody covers the costs there?                         robust coverage, that you would have
                                            after birth and had to go to the neo-                     So let’s defeat this now. Let’s go to a
                                                                                                                                                           mental health coverage, that you
                                            natal intensive care unit—just down                     room where we can work these things
                                                                                                                                                           would have hospitalization, that you
                                            the hall, by the way. It turned out that                out, we can find common ground here
                                                                                                                                                           would have the things that people ex-
                                            that hospital had contracted out that                   that won’t put a dagger in the heart of
                                                                                                    innovative jobs in America, that won’t                 pect to have in their insurance policy;
                                            neonatal intensive care unit, and it
                                                                                                    slow innovation in medicine and med-                   but instead, the Trump administration
                                            turns out it wasn’t in her insurance at
                                                                                                    ical devices, lifesaving medicines, but                is pushing out to millions of people—
                                            all. Now, how in the heck does a con-
                                                                                                    that will bring better healthcare for                  and the numbers keep growing every
                                            sumer know that?
                                              We have bipartisan surprise billing                   Americans.                                             year—these junk plans that discrimi-
                                            legislation. It passed out of the Energy                  Finally, on the issue of preexisting                 nate and do the opposite.
                                            and Commerce Committee a year ago                       conditions, the President has been very                  And we are going to bring down pre-
                                            and has yet to come to the floor of the                 clear he supports protecting people                    scription drugs.
                                            House under the Democrats. So, mean-                    with preexisting conditions, as do I,                    Madam Speaker, I urge support of
                                            while, consumers are getting stuck                      going back to when I was in the State                  this bill, and I yield back the balance
                                            with surprise bills when they are play-                 legislature in Oregon. We made efforts                 of my time.
                                            ing by the rules. It continues and it                   to do that.                                              The SPEAKER pro tempore. The
                                            shouldn’t. Hopefully, we can get that                     I have had legislation since the open-               time for the Committee on Energy and
                                            legislation to the President’s desk. He                 ing day of this Congress to make sure,                 Commerce has expired.
                                            is ready to sign it.                                    regardless of how the lawsuit comes                      The gentleman from Massachusetts
                                              Meanwhile, we have made record in-                    out, that we protect people with pre-                  (Mr. NEAL) and the gentleman from
                                            vestments at NIH, and we reauthorized                   existing conditions. The Democrats                     Texas (Mr. BRADY) each will control 30
                                            the user fee agreement so that FDA,                     won’t let us bring this bill to the floor.             minutes.
                                            the Food and Drug Administration, our                     So, Madam Speaker, I urge a ‘‘no’’                     The Chair recognizes the gentleman
                                            innovators, can bring their drugs and                   vote on this legislation, and I yield                  from Massachusetts.
                                            new medical devices to market faster                    back the balance of my time.                             Mr. NEAL. Madam Speaker, I yield
                                            than any time and still safe. We did                      Mr. PALLONE. Madam Speaker, I                        myself such time as I may consume.
                                            that under Republican legislation and                   yield myself the balance of my time.                     Madam Speaker, I am really pleased
                                            signed by President Trump.                                Madam Speaker, I respect, greatly,                   today to join with the Speaker and
                                              President Trump invoked the Defense                   my colleague, the ranking member, but                  other committee chairs to have suc-
                                            Production Act when we didn’t have                      I have to say, the tragedy that we face                cessfully introduced the Patient Pro-
                                            enough ventilators or masks or gowns                    is the President, President Trump, who                 tection and Affordable Care Enhance-
                                            to order companies to make swabs, to                    has totally neglected the situation                    ment Act and welcome the measure’s
                                            make ventilators and move forward                       here.                                                  consideration in this House today.
                                            and continued that investment.                            The tragedy is not this Congress.                      Hearing the former chairman of the
                                              And that was in a bipartisan way, by                  This Congress passed the HEROES Act,                   Energy and Commerce Committee a
                                            the way, with the CARES Act. We can                     but we have a President who simply ig-                 few minutes ago, a decent guy, he said
                                            do bipartisan work. We are just not                     nores the COVID crisis, who doesn’t                    that there was room for bipartisanship
                                            doing it today.                                         want to take the bull by the horns and                 in the healthcare debate. I mean, I
                                              The choice to do partisan or bipar-                   actually do something nationally to                    have been here for a long time. Where
                                            tisan work is always made by the ma-                    deal with testing, to deal with medical                was the bipartisanship—and I am going
                                            jority. When I was chairman I could                     supplies, to deal with what needs to be                to submit something. Republicans, in
                                            move anything I wanted, generally                       done, and continues to suggest that                    all the years I have been in this House,
                                            speaking, at any time, but I chose to                   somehow the pandemic has gone away.                    they have not agreed amongst them-




dlhill on DSK120RN23PROD with HOUSE
                                            try and make the bulk of our work—                        This Congress took action with the                   selves on healthcare, never mind agree-
                                            nearly all of our work—bipartisan be-                   HEROES Act. The tragedy is a Presi-                    ing with Democrats on healthcare.
                                            cause I actually wanted it to become                    dent who continues to seek repeal of                     So, for years, we have worked to ex-
                                            law.                                                    the Affordable Care Act.                               pand access. That is what this argu-
                                              The drug bill Democrats passed ear-                     The Affordable Care Act, Madam                       ment is about today. We want to make
                                            lier this year that takes away access to                Speaker, had led to over 90 percent of                 sure that affordable healthcare exists



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                                            H2624                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            for the American family and to build                    duced consumers’ deductibles, encour-                     Your healthcare costs will go down
                                            upon the coverage gains of the Afford-                  aged more States to expand Medicaid                    by $2,500 a year? Big false.
                                            able Care Act.                                          and establish their own ACA market-                       No American making less than
                                              The COVID–19 crisis only adds ur-                     place, and to put an end to the expan-                 $250,000 a year will see a tax increase?
                                            gency to an already pressing problem                    sion of junk insurance plans.                          False.
                                            for millions of American families, a                      Notably, this legislation reduces the                   ObamaCare won’t add a dime to the
                                            problem that has been consistently ex-                  number of uninsured Americans by                       Federal deficit? False.
                                            acerbated by the Trump administra-                      more than 4 million people. These are                     By the way, it will add over $1.5 tril-
                                            tion’s relentless crusade to dismantle                  issues that matter to everyday Ameri-                  lion in debt this decade.
                                            the American healthcare system.                         cans perhaps now in this COVID crisis                     Here we are battling the coronavirus
                                              Recall on the campaign trail when                     more than ever. Ensuring all Ameri-                    and hoping against hope as companies
                                            President Trump was asked by report-                    cans can access quality healthcare                     partnering with the government are
                                            ers what he intended to replace                         without risking their family’s financial               racing heroically to bring new treat-
                                            ObamaCare with, and he said: Don’t                      security really shouldn’t be a partisan                ments and medicines that will save our
                                            worry, pal, you are going to love it.                   issue.                                                 lives and prevent Americans from
                                              That was the answer.                                    After almost 70 votes on Republican                  being infected.
                                              Just last week, under the cover of                    bills to repeal or undermine the ACA, I                   Yet today, House Democrats are un-
                                            night and while many Americans were                     am really happy to stand on this floor                 believably advancing a bill with provi-
                                            likely sleeping, the Trump administra-                  today in support of this legislation                   sions that the Congressional Budget
                                            tion took another step toward invali-                   that will continue to build on the gains               Office and the Council of Economic Ad-
                                            dating our healthcare laws. They filed                  of the ACA, for legislation that in-                   visers predicts will stop as many as 100
                                            a brief with the Supreme Court in sup-                  creases access to affordable, quality                  lifesaving cures from ever getting to
                                            port of undoing the ACA and ending                      healthcare, and for legislation that is                the patients who need them most.
                                            protections for nearly 130 million                      for the American people.                                  The California Life Sciences Associa-
                                                                                                      Madam Speaker, I urge my col-                        tion says that the Pelosi plan for gov-
                                            Americans with preexisting conditions.
                                                                                                    leagues to vote in favor of this timely                ernment setting medicine prices would
                                              I helped to write this law. I am really
                                                                                                    legislation, and I reserve the balance of              mean nearly nine of ten new drugs
                                            proud of it.
                                                                                                    my time.                                               would never be made available—
                                              They staked out this position during                    Mr. BRADY. Madam Speaker, I yield
                                            a pandemic, when millions of Ameri-                                                                            never—from their researchers in small
                                                                                                    myself such time as I may consume.                     biotech companies. These are the medi-
                                            cans need healthcare more than ever.                      Madam Speaker, as a Republican in
                                              Our new Patient Protection and Af-                                                                           cines that could be the answer to some
                                                                                                    Congress, I am proud of our Republican
                                            fordable Care Enhancement Act is uti-                                                                          of the most heartbreaking and dev-
                                                                                                    congressional efforts creating the
                                            lized to expand tax credits for lower                                                                          astating diseases—including COVID–
                                                                                                    Medicare part D prescription drug pro-
                                            premium costs for the American con-                                                                            19—that our children, seniors, and fam-
                                                                                                    gram for seniors which then-Leader
                                            sumer. For the first time in the history                                                                       ilies are facing.
                                                                                                    NANCY PELOSI and Democrats tried to
                                            of the ACA, no one will pay more than                                                                             As this pandemic makes urgently
                                                                                                    kill. You may remember that Speaker
                                            8.5 percent of their income on a silver                                                                        clear, we need more cures, not fewer.
                                                                                                    PELOSI famously predicted that cre-
                                            plan through the marketplace.                                                                                  Fewer cures means more lives cut
                                                                                                    ating the crucial part D prescription
                                                                                                                                                           short. Yet leading Democrats shrugged
                                                             b 1130                                 plan for the elderly ‘‘would end Medi-
                                                                                                                                                           off these research experts and say: We
                                                                                                    care as we know it.’’
                                              I will quickly share the other sce-                                                                          are fine with that.
                                                                                                      Can you imagine how many seniors’
                                            narios that people will witness savings                                                                           Although the Affordable Care Act has
                                                                                                    lives would have been lost if she had
                                            through:                                                                                                       improved under President Trump—no
                                                                                                    succeeded in stopping the affordable
                                              A family of four earning $40,000 would                                                                       sabotage—prices went down in most
                                                                                                    Medicare drug program 43 million sen-
                                            save nearly $1,600 in premiums each                                                                            States, insurance companies have sta-
                                                                                                    iors have come to depend on today?
                                            year.                                                     We are in the middle of an unprece-                  bilized, and many families see more
                                              An adult earning about $19,000 would                  dented national pandemic. Americans                    choices today. But it remains fatally
                                            see premiums cut to zero, saving $800 a                 are worried about their health and                     flawed.
                                            year.                                                   their jobs. Yet here we go again in the                   Here is proof: two out of three Ameri-
                                              And a 64-year-old earning $57,000 a                   Democratic House, another partisan                     cans eligible for ObamaCare are turn-
                                            year would save more than $8,700 in                     bill with no input from Republicans                    ing it down—two out of three. They say
                                            premiums each year.                                     but lots of input from campaign                        that it is healthcare they don’t want,
                                              These are significant savings that                    operatives and special interest groups.                they can’t afford, and it doesn’t work
                                            would make a big difference for Ameri-                  The American people are sick and tired                 for them.
                                            cans particularly during the current                    of this partisanship.                                     Unbelievably, Democrats are so hell-
                                            health and economic crisis that we find                   To my Democratic colleagues and                      bent on forcing Americans on to the
                                            ourselves in.                                           friends, I say: Stop playing political                 ACA, today they are threatening to
                                              I want to thank Representative                        games with healthcare.                                 slash State support for Medicaid unless
                                            UNDERWOOD for her tireless work on                        Madam Speaker, this bill is dan-                     States buckle to expand ObamaCare.
                                            these provisions and advocating for the                 gerous to your health in three key                        Holding the poor hostage, threat-
                                            millions of Americans who will see                      ways: It stops lifesaving cures from                   ening to defund the operations of Med-
                                            their premium costs go down, recalling                  getting to the patients who need them                  icaid at the State level? That is im-
                                            that when the ACA was offered and em-                   most. It blocks Americans from buying                  moral. Maybe they don’t remember
                                            braced 20 million Americans received                    affordable, short-term health plans                    that the Supreme Court quickly struck
                                            health insurance.                                       that cover them in between jobs. And                   down their last scheme to extort
                                              I want to thank Representative WILD                   it threatens to slash State support for                States.
                                            for leading the effort to remove a long-                Medicaid for the most vulnerable and                      Finally, despite the claims they are
                                            standing barrier for families with an                   poor. As if that isn’t enough, it doubles              expanding healthcare choice, this mis-
                                            offer of affordable family coverage, as                 down      on    the    most    unpopular               guided bill blocks Americans from buy-
                                            well as Representative NEGUSE for his                   healthcare plan in modern history: the                 ing legal, affordable, short-term plans
                                            work on behalf of Social Security bene-                 Affordable Care Act.                                   often used by small business workers
                                            ficiaries who were at risk of losing pre-                 Madam Speaker, you remember that                     and Americans who are out of work or




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                                            mium tax credits for the time they                      disaster. It broke every promise Demo-                 in between jobs. Yes, these health
                                            were covered by the ACA marketplace.                    crats made to the American public.                     plans aren’t for everyone. But to the 3
                                              These tax credits aren’t the only ben-                  Do you remember: If you like your                    million Americans with these life-
                                            efits consumers can expect under this                   healthcare plan you can keep it? False.                saving plans, Democrats say: Tough. If
                                            very important legislation. We also                       If you like your doctors, you can                    you don’t like your plan, or even if you
                                            slashed prescription drug costs, we re-                 keep them? False.                                      do, you can’t keep it.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                              H2625
                                              There is a better way than this dan-                  member of the Ways and Means Com-                      symptoms through the years have in-
                                            gerous, partisan waste of time. Real                    mittee.                                                cluded being blood transfusion depend-
                                            people are hurting. We should work to-                    Mr. KELLY of Pennsylvania. Madam                     ent for several years, the inability to
                                            gether in Congress to make affordable,                  Speaker, the objective of this bill is to              heal after sun exposure damage, be-
                                            patient-centered healthcare a reality                   prop up the Affordable Care Act, so we                 coming type 1 diabetic, progressively
                                            for Americans.                                          want to pump money into Medicaid the                   losing her hearing and her vision, kid-
                                              Last year Republicans proposed legis-                 program and then impose price con-                     ney failure, and several other daily
                                            lation that brought together ideas and                  trols on prescription drugs.                           complications including developmental
                                            bills from Members of Congress from                       H.R. 1425 lifted the provision in                    delays when having a body that runs on
                                            both parties to lower drug prices and                   Speaker PELOSI’s drug bill, H.R. 3, that               limited energy. It has been truly heart-
                                            accelerate new cures. Healthcare pol-                   gives the Secretary of HHS the power                   breaking to see her endure this disease,
                                            icy fails when it is partisan. We must                  to set Medicare drug price controls for                but she continues to defy the odds.’’
                                            work together now to make drugs more                    pharmaceutical manufacturers and use                     This child is a 10-year-old.
                                            affordable, to expand access to quality                 it as a pay-for. The savings from this                   The SPEAKER pro tempore. The
                                            care, and, yes, to lower costs. This bill               price-setting power is meant for the ex-               time of the gentleman has expired.
                                            doesn’t achieve any of those goals. It is               pansion of the Affordable Care Act.                      Mr. BRADY. Madam Speaker, I yield
                                            partisan business as usual during a                       Now, the facts are clear. Private in-                the gentleman an additional 30 sec-
                                            time when our Nation calls out for so                   vestment in drug research and develop-                 onds.
                                                                                                    ment fuels the innovation ecosystem                      Mr. KELLY of Pennsylvania. ‘‘My
                                            much more.
                                                                                                    for the new medicines. It is just that                 simple message to you, Mr. Kelly, and
                                              I reserve the balance of my time,
                                                                                                    simple.                                                the rest of the committee’’—and the
                                            Madam Speaker.
                                                                                                      Madam Speaker, the Congressional                     rest of Congress—‘‘is: There is no cure
                                              Mr. NEAL. Madam Speaker, I yield 2
                                                                                                    Budget Office has already determined                   or treatments for Pearson’s syndrome.
                                            minutes to the gentleman from Cali-
                                                                                                    that H.R. 3’s negotiation provision                    Each day is a struggle to keep Maddie
                                            fornia (Mr. THOMPSON).
                                                                                                    would result in fewer cures. You have                  balanced so her body is able to better
                                              Mr.    THOMPSON         of   California.
                                                                                                    to be especially tone deaf to introduce                cope with symptoms of this terrible
                                            Madam Speaker, I rise in strong sup-
                                                                                                    legislation that punishes the very                     disorder. All we have, as well as many
                                            port of H.R. 1425, legislation expanding
                                                                                                    pharmaceutical companies that are                      other families across the world, is
                                            and enhancing the Affordable Care Act
                                                                                                                                                           hope. Please, don’t let partisan bick-
                                            and lowering healthcare costs for all                   going to innovate and mass-produce
                                                                                                                                                           ering impact the ability of researchers
                                            Americans.                                              the vaccine the entire world is count-
                                                                                                                                                           to discover and innovate new therapies
                                              In the past 6 months over 120,000                     ing on to counter the spread of COVID–
                                                                                                                                                           that could save Maddie’s life one day.
                                            Americans have died due to COVID–19.                    19.
                                                                                                                                                           The clock is ticking, and Maddie is
                                            Millions have lost their jobs and, in                     Last year, we were 80 percent of the
                                                                                                                                                           waiting.’’
                                            many cases, their health insurance.                     way there on a bipartisan measure be-
                                                                                                                                                             Madam Speaker, it simply comes
                                            That is why it is so critical that we                   fore we got sidelined by H.R. 3 and leg-               down to this: if you want to develop
                                            strengthen and build upon the founda-                   islation just like this. Let’s get back to             new drugs, then don’t penalize the peo-
                                            tion of the Affordable Care Act, which                  the people’s work and work together on                 ple who develop them. Don’t hold them
                                            is exactly what this bill does.                         solutions that make sense, like H.R. 19,               as the bad guys when we require them.
                                              This legislation reduces the price of                 drug legislation that would actually                   Please come up with something to ad-
                                            expensive pharmaceuticals—including                     make it to the President’s desk.                       dress COVID–19.
                                            insulin—saving taxpayers billions of                      Now, with all that in mind, let’s talk
                                            dollars while driving down drug costs                   about who it is that we are really talk-                                b 1145
                                            for all Americans.                                      ing for today, who it is that we rep-                    Mr. NEAL. Madam Speaker, I yield 2
                                              The bill uses those savings to lower                  resent on the people’s floor, and who it               minutes to the gentleman from Texas
                                            insurance premiums and expand tax                       is that we are looking out for because                 (Mr. DOGGETT).
                                            credits, helping more Americans afford                  too often this becomes about November                    Mr. DOGGETT. Madam Speaker, ap-
                                            the coverage that they need.                            3, 2020, and not about everyday lives                  proaching July Fourth, we should be
                                              This bill bolsters State Medicaid pro-                back in the Districts and the folks                    celebrating the greatness of our coun-
                                            grams, funds COVID–19 vaccine re-                       whom we represent.                                     try. Instead, we are mired in a pan-
                                            search, and cuts the number of unin-                      I want to read a letter that I have                  demic when we have more people in-
                                            sured Americans by nearly 4 million.                    read before because I think it really de-              fected and more deaths from this pan-
                                              The President and my Republican                       serves to be repeated. This was sent to                demic than any country in the entire
                                            colleagues are actively trying to gut                   me in October of 2019.                                 world—with President Trump floun-
                                            protections for preexisting conditions                    ‘‘Dear Congressman KELLY: My name                    dering and whining.
                                            and take healthcare away from mil-                      is Sara Stewart, and I’m from St. Pe-                    His approach to this pandemic—de-
                                            lions of Americans.                                     tersburg, Pennsylvania. It is my under-                nial, delay, and ongoing deception—has
                                              By contrast, this legislation reduces                 standing that the House Ways and                       been exposed for the fraud that it is.
                                            healthcare costs for millions of Ameri-                 Means Committee is having a public                     And because of his multiple failures,
                                            cans at this critical time. It is vital                 hearing on H.R. 3—the Lower Drug                       now is a time when more Americans
                                            that we give our constituents the help                  Costs Now Act of 2019.’’                               desperately need the opportunity to en-
                                            they need.                                                This is the very H.R. 3, by the way,                 roll in health insurance, not the junk
                                              I heard so many of my friends on the                  that is being included in H.R. 1425.                   insurance that he has been promoting.
                                            other side talk about how they want to                    ‘‘It appears this legislation does not               Instead, he seeks to eliminate—as do
                                            protect people who have preexisting                     have bipartisan support and needs to                   our Republican colleagues—the Afford-
                                            conditions, every one of which is in                    take a more balanced approach. The                     able Care Act and the coverage that it
                                            support of the lawsuit to repeal the Af-                balance is needed for patients like my                 has today for millions of our citizens.
                                            fordable Care Act, the very bill and the                10-year-old daughter Maddie.                             Madam Speaker, today’s bill offers a
                                            very law that protects people who have                    ‘‘Maddie     suffers   from     a   rare             reaffirmation that the Affordable Care
                                            preexisting conditions.                                 mitochondrial       deletion     condition             Act should be strengthened, not de-
                                              Madam Speaker, you cannot be for                      called Pearson’s syndrome, which is a                  stroyed. Strengthening that would
                                            protecting preexisting conditions and                   disorder that occurs as the result of                  have been occurring long ago but for
                                            for repealing the law that provides that                mutated genes in the body. These genes                 the fanatic decade of our Republican




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                                            protection.                                             impact the mitochondria of her cells                   colleagues in trying to destroy the Af-
                                              Madam Speaker, I urge my col-                         and prevent them from producing                        fordable Care Act. Next year, however,
                                            leagues to vote ‘‘yes’’ on this bill.                   enough energy for the body to function                 we have to do much more for
                                              Mr. BRADY. Madam Speaker, I yield                     properly. Pearson’s syndrome is dif-                   healthcare than simply to return where
                                            3 minutes to the gentleman from Penn-                   ficult to diagnose because it affects                  it should have been. Millions of Ameri-
                                            sylvania (Mr. KELLY), who is a key                      each individual differently. Maddie’s                  cans, particularly in a State like



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                                            H2626                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            Texas, which has more uninsured chil-                   that there is productive work already                  with the private market. I stand with
                                            dren than any State in America, they                    done in a bipartisan fashion.                          you, as the people.
                                            are still likely to be excluded because                   So let’s not do this bill, H.R. 1425,                  My Democratic colleagues, they offer
                                            of obstructionist Republican State                      today. Let’s go about it in a bipartisan               you a vision of healthcare defined and
                                            leaders. And even those who have in-                    way where we know the American peo-                    controlled by the government. If you
                                            surance, are still often the victims of                 ple will benefit more and our system                   believe the government can do a better
                                            prescription price gouging.                             can support that.                                      job with your healthcare, then so be it,
                                               Madam Speaker, the exceedingly                         Mr. NEAL. Madam Speaker, I would                     vote with the Democratic colleagues.
                                            modest pharmaceutical provision in to-                  point out that 100 percent of the chil-                But if you believe in entrepreneurs, if
                                            day’s bill excludes the uninsured and                   dren in Massachusetts have healthcare                  you believe in innovators, then vote
                                            falls well short of what is needed to                   today and 97 percent of the adults.                    with the Republican ideas that lead to
                                            prevent monopoly prices for drugs de-                     Madam Speaker, I yield 2 minutes to                  more innovation.
                                            veloped at taxpayer expense. This bill                  the gentleman from Oregon (Mr. BLU-                      The bill before us today, we had a
                                            pours more billions into pharma-                        MENAUER).                                              conversation with the Health and
                                            ceutical development with no assur-                       Mr. BLUMENAUER. Madam Speaker,                       Human Services Secretary in the Com-
                                            ance that the prices or the resulting                   I listened to my colleagues cry out for                mittee on Ways and Means and with
                                            cures will be affordable. We see only                   a bipartisan cooperation and progress.                 the Congressional Budget Office inde-
                                            today with the pricing of remdesivir, a                 I listened to them talk about somehow                  pendently confirming that there will be
                                            drug that would have been left in the                   having promises not kept.                              dozens fewer innovations when it
                                            scrap heap of failures but for taxpayer                   Think for a moment. My colleagues—                   comes to treatments and cures for
                                            funding, that the same taxpayers that                   the promise of Donald Trump and the                    Americans with the passage of this bill.
                                            developed the drugs will be charged bil-                Republicans to replace and enhance the                   That is what you are doing—eyes
                                            lions to get them.                                      Affordable Care Act. They are going to                 wide open—and we are not going to let
                                               Let’s look forward to a day when we                  eliminate it, and they are going to re-                you get away with it.
                                            have a competent and committed                          place it with something better.                          Madam Speaker, when you vote for
                                            President to bring healthcare for all.                    No, they could not do it.                            this bill, you are dooming millions of
                                               Mr. BRADY. Madam Speaker, I yield                      They have been assaulting the Af-
                                                                                                                                                           Americans to not have a cure for the
                                            2 minutes to the gentleman from Ne-                     fordable Care Act since the moment it
                                                                                                                                                           disease. Vote for the bipartisan bill,
                                            braska (Mr. SMITH), a leader in rural                   was passed and they got their hands on
                                                                                                                                                           H.R. 19, Lower Costs, More Cures. That
                                            healthcare reform.                                      part of the political control.
                                                                                                      They fought to protect Big Pharma                    is the bill that will get through the
                                               Mr. SMITH of Nebraska. Madam
                                                                                                    so that we have this corrupt bargain                   system.
                                            Speaker, I rise today in opposition to
                                                                                                                                                             Mr. NEAL. Madam Speaker, I yield 2
                                            H.R. 1425.                                              where Americans have to pay the high-
                                                                                                                                                           minutes to the gentlewoman from
                                               I stand here somewhat surprised that                 est prescription drug prices in the
                                            there is celebration of the successes of                                                                       Washington State (Ms. DELBENE).
                                                                                                    world in order to bribe pharmaceutical
                                                                                                                                                             Ms. DELBENE. Madam Speaker, I rise
                                            the so-called Affordable Care Act.                      companies to continue research. And
                                                                                                                                                           today in support of the Patient Protec-
                                            Many of my constituents are offended                    they wouldn’t unless Americans pay
                                            by the mere name of the bill, the Af-                                                                          tion and Affordable Care Enhancement
                                                                                                    more than anybody else in the world—
                                            fordable Care Act, because they don’t                                                                          Act.
                                                                                                    including, in many instances, people
                                                                                                                                                             The high price of prescription drugs
                                            find it affordable. They found it quite                 who can’t afford their prescription
                                                                                                                                                           is one of the top issues I hear about
                                            unaffordable.                                           drugs. That corrupt bargain needs to be
                                               I would argue that is why we are here                                                                       from my constituents. In 2019, I re-
                                                                                                    rejected.
                                            today, with a fairly clever scheme of                                                                          ceived nearly four times as many com-
                                                                                                      Madam Speaker, now we are hearing,
                                            taking money from here and putting it                                                                          ments about prescription drug costs as
                                                                                                    I think, starkly, the difference between
                                            there, which likely will still drive up                                                                        the year before. Now, with the COVID–
                                                                                                    Republicans and Democrats—night and
                                            the cost of healthcare. It is just a few                                                                       19 pandemic and resulting economic
                                                                                                    day—that active sabotage of the Af-
                                            different people paying for it.                                                                                crisis, addressing the issue of drug pric-
                                                                                                    fordable Care Act, today with the Re-
                                               Madam Speaker, if we want true                                                                              ing is more urgent than ever.
                                                                                                    publican attorneys general and the full
                                            healthcare reform, we should do that,                                                                            The patient stories are numerous and
                                                                                                    weight of the Trump administration to
                                            but we haven’t done that. Let’s look                                                                           never-ending. I would like to share just
                                                                                                    try again to repeal it in its entirety.
                                            for the bipartisan opportunities on                       Madam Speaker, our legislation                       one with my colleagues and the Amer-
                                            drug costs, as mentioned earlier. Those                 would increase coverage for 4 million                  ican people to remind us why this leg-
                                            had been advancing, but those were all                  people. You know, it is interesting                    islation is so necessary.
                                            pushed aside for H.R. 3.                                watching people fight against the ef-                    A constituent of mine, Dana, from
                                               H.R. 3 passed the House knowing that                 forts of the Trump administration and                  Kenmore, Washington, has lived with
                                            it wasn’t going to go anywhere. I would                 the Republicans to deny them cov-                      type 1 diabetes for 14 years. When Dana
                                            argue that some people probably even                    erage. Almost one-half million people                  was first diagnosed with diabetes, insu-
                                            voted ‘‘yes’’ on H.R. 3 because they                    figured out a way to apply, dem-                       lin cost her $50 each month. Today,
                                            knew the Senate would not take it up                    onstrating the need in the time of                     that same insulin costs over $600 per
                                            and because they also know that it has                  coronavirus.                                           month.
                                            major problems.                                           Madam Speaker, my Republican                           That is an 1,100 percent increase for
                                               But here we are today, again, with                   friends have nothing to offer. They                    the exact same product, and there have
                                            this scheme that I think will fail the                  have no plan. The Trump administra-                    been virtually no changes to insulin
                                            American people, just like so much of                   tion only wants to destroy the Afford-                 since Dana’s diagnosis, so the price
                                            the so-called Affordable Care Act has                   able Care Act at a time when it is more                spike is inexplicable.
                                            failed the American people in its mere                  important than ever.                                     Madam Speaker, Dana is not only a
                                            cost, not to mention other things.                        Madam Speaker, I strongly urge ap-                   diabetes patient but also a nurse prac-
                                               Yes, I remember those comments of,                   proval of this package.                                titioner and diabetes educator. She has
                                            ‘‘If you like your healthcare plan, you                   Mr. BRADY. Madam Speaker, I yield                    told me about her patients who go to
                                            can keep it.’’ We know that didn’t hap-                 1 minute to the gentleman from New                     Canada, where they can get insulin for
                                            pen. So many other promises were                        York (Mr. REED), a key leader of the                   just $40 a month. But with the border
                                            made that were not kept.                                Committee on Ways and Means on                         closed because of the pandemic, for
                                               And the American people want us to                   healthcare reform.                                     many, that option is shut off to them.




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                                            work together, especially now. Prob-                      Mr. REED. Madam Speaker, I thank                       Dana has also shared stories of her
                                            ably more than in the history of our                    the gentleman for yielding.                            own patients who can’t afford their
                                            country, the people want us to work to-                   Madam Speaker, I rise today in oppo-                 medications and ration their insulin,
                                            gether on bipartisan solutions.                         sition to the bill before us.                          which we know can lead to poor health,
                                               Madam Speaker, we need to do that.                     The debate, America, is very simple.                 vision loss, kidney failure, and even
                                            We can do that. There is even evidence                  I am a proud Republican, and I stand                   death.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                              H2627
                                              Madam Speaker, I strongly support                     Policy on H.R. 3, the Administration ex-               adopt a policy that will curtail patient
                                            the Patient Protection and Affordable                   plained that these provisions would impose             access to vital drugs and discourage
                                            Care Enhancement Act, which will                        price controls under the guise of ‘‘negotia-           the development of new, innovative
                                                                                                    tion’’ that would ultimately ‘‘harm seniors
                                            strengthen and improve upon the ACA                                                                            treatments. Even the development of
                                                                                                    and all who need lifesaving medicines.’’ In
                                            and finally give the Health and Human                   perhaps an indication of the intentions of             one less drug as a result of this policy
                                            Services Secretary the power to nego-                   H.R. 1425, it does not even attempt to include         is too many in the middle of a pan-
                                            tiate a fair price for insulin, which will              those provisions of H.R. 3 that had pre-               demic.
                                            dramatically help patients, like Dana,                  viously garnered bipartisan support, such as             Madam Speaker, I urge my col-
                                            and all the patients that Dana serves                   establishing a cap on out-of-pocket expenses           leagues to vote ‘‘no’’ on this misguided
                                            in my district.                                         for all beneficiaries in Medicare Part D and           bill.
                                              Madam Speaker, I urge my col-                         other improvements to that program for sen-              Mr. NEAL. Madam Speaker, I yield 2
                                            leagues to support this legislation.                    iors.                                                  minutes to the gentleman from Illinois
                                                                                                      While any time is an inopportune time to             (Mr. SCHNEIDER).
                                              Mr. BRADY. Madam Speaker, I in-
                                                                                                    dramatically undermine the development of                Mr. SCHNEIDER. Madam Speaker, I
                                            clude in the RECORD a veto threat from                  innovative medicines, H.R. 1425 is even more
                                            President Trump that states the ad-                                                                            am proud to rise in strong support of
                                                                                                    imprudent given the current focus on devel-
                                            ministration strongly opposes H.R.                      oping vaccines and therapeutics rapidly to             H.R. 1425, the Patient Protection and
                                            1425, further demonstrating this bill                   help America and the world combat the                  Affordable Care Enhancement Act.
                                            has no chance of becoming law.                          coronavirus. To take such an action simply               Our country is in the midst of an un-
                                               STATEMENT OF ADMINISTRATION POLICY                   to double down on the same expensive, ineffi-          precedented pandemic requiring un-
                                            H.R. 1425—PATIENT PROTECTION AND AFFORD-
                                                                                                    cient, and bureaucratic approach to health             precedented actions, like the HEROES
                                              ABLE CARE ENHANCEMENT ACT—REP. CRAIG,
                                                                                                    coverage that the American people endured              Act the House sent to the Senate more
                                              D–MN, AND 61 COSPONSORS
                                                                                                    for the past decade makes it even more mis-            than 6 weeks ago. Beating back this
                                                                                                    guided and counter to the most urgent needs            virus will test us in unimaginable
                                              The Administration strongly opposes                   of the country.
                                            House passage of H.R. 1425. This bill at-                 If H.R. 1425 were resented to the President
                                                                                                                                                           ways, and we cannot afford to allow
                                            tempts to exploit the coronavirus pandemic              his advisors would recommend that he veto              petty politics to push us backward.
                                            to resuscitate tired, partisan proposals that           the bill.                                                Sadly, inconceivably, that is exactly
                                            would send hundreds of billions of dollars to                                                                  what the Trump administration asked
                                                                                                      Mr. BRADY. Madam Speaker, I yield
                                            insurance companies in order to paper over                                                                     from the Supreme Court last week
                                            serious flaws in Obamacare. Furthermore,                2 minutes to the gentleman from North
                                                                                                    Carolina (Mr. HOLDING), a leading                      when they argued to fully overturn the
                                            H.R. 1425 would pay for this bailout by im-
                                            posing price controls that undermine the                healthcare expert in the Committee on                  Affordable Care Act.
                                            American innovation the entire globe is de-             Ways and Means.                                          With more than 2.5 million infec-
                                            pending on to deliver the vaccines and thera-             Mr. HOLDING. Madam Speaker, I                        tions, and more than 125,000 lives trag-
                                            peutics needed to respond to the coronavirus.           thank the chairman for yielding.                       ically lost, we need to expand access to
                                              Since the beginning of this crisis, the Ad-             Madam Speaker, one thing that I                      affordable healthcare; lower the cost of
                                            ministration has taken a whole-of-America                                                                      prescription drugs; and improve out-
                                            approach to fight the corona virus. This in-
                                                                                                    think has become abundantly clear
                                                                                                    during this pandemic is how important                  comes for those hardest hit, especially
                                            cludes a productive partnership with both
                                                                                                    it is to incentivize biopharmaceutical                 in communities of color and rural com-
                                            houses of Congress to respond to the
                                            healthcare needs of our citizens. The Admin-            innovation. Over the past few months,                  munities.
                                            istration has delivered millions of pieces of           Federal officials worked tirelessly with                 Madam Speaker, the end of the Af-
                                            personal protective equipment to frontline              drug companies to identify and develop                 fordable Care Act and other actions
                                            healthcare responders, surged hospital ca-              treatments that can help mitigate the                  previously announced by this adminis-
                                            pacity, and dramatically scaled up diag-                effects of the coronavirus—indeed, save                tration, with no plan of their own, will
                                            nostic and surveillance testing capabilities.                                                                  instead leave millions of Americans at
                                            The Administration also launched Operation
                                                                                                    thousands of lives.
                                                                                                      In my district, the town of Wilson,                  risk of losing their insurance. It will
                                            Warp Speed to collaborate with the private                                                                     result in higher premiums for millions
                                            sector to develop a coronavirus vaccine,                North Carolina, is home to one of the
                                                                                                    three manufacturing sites that produce                 of individuals and small businesses.
                                            therapeutics, and diagnostics. Additionally,
                                                                                                    over 40 percent of the world’s supply of                 Remember this: The 130,000 of us with
                                            the Administration is working to reimburse
                                            providers for corona virus testing and treat-           dexamethasone, which has been identi-                  preexisting conditions, including those
                                            ment of uninsured Americans so they do not              fied as one of the first lifesaving drugs              who have been infected with COVID–19,
                                            have to worry about the financial implica-              for coronavirus patients. This site in                 will pay the heaviest price.
                                            tions of obtaining these services.                                                                               Madam Speaker, the Affordable Care
                                              All this was done while putting the coun-             Wilson is preparing to ramp up produc-
                                                                                                                                                           Act is essential to ensuring Americans
                                            try in the strongest possible position to re-           tion and meet global demands.
                                                                                                                                                           have access to affordable and quality
                                            bound from the most significant economic                  Madam Speaker, to effectively fight
                                                                                                                                                           healthcare. It is still under attack by
                                            challenge since the Great Depression. Work-             this pandemic, policymakers must con-
                                                                                                                                                           our President and his allies.
                                            ing with Congress, the Administration has               tinue working with healthcare stake-                     Today, I and my colleagues dem-
                                            delivered financial relief directly to over 160         holders to spur innovation and ensure a
                                            million Americans, over 4.5 million busi-                                                                      onstrate our commitment to pro-
                                                                                                    steady supply of vital drugs to treat                  tecting it. The Patient Protection and
                                            nesses and their employees, and over one                the coronavirus.
                                            million healthcare providers.                                                                                  Affordable Care Enhancement Act will
                                              Instead of building on these vital, bipar-              Madam Speaker, unfortunately, we                     strengthen the ACA by strengthening
                                            tisan efforts, H.R. 1425 reads as if the corona         are wasting time today talking about                   protections for those with preexisting
                                            virus never emerged. It repurposes failed pro-          government price controls that would                   conditions. It will ensure that no one
                                            posals from years past that would literally             do the exact opposite. Rather than                     pays more than 8.5 percent of their in-
                                            pay insurance companies more to hide the                incentivize the development of a vac-
                                            true cost of Obamacare from consumers.                                                                         come for quality coverage. It will allow
                                                                                                    cine and new and innovative treat-                     negotiations for lower drug costs. It
                                            Even the additional billions of taxpayer                ments, these price-setting proposals
                                            funding is not enough to prop up Obamacare                                                                     will help address the inequalities in
                                                                                                    will discourage companies from invest-                 healthcare faced by so many in our
                                            on its own, thus H.R. 1425 goes out of its way
                                            to systematically eliminate any competition             ing in new drugs, and the tax penalty                  country, especially communities of
                                            by prohibiting more affordable coverage op-             for noncompliance threatens to force                   color.
                                            tions and the consideration of alternative              companies and certain drugs out of the                   Madam Speaker, this is the kind of
                                            approaches by States. At the same time, the             United States entirely.                                bill that should receive bipartisan sup-
                                            bill lacks any provision to ensure the Fed-               That not only means that thousands                   port in the middle of a historic pan-
                                            eral Government adheres to the long-held                of Americans could lose access to the                  demic, and I urge my colleagues to




dlhill on DSK120RN23PROD with HOUSE
                                            consensus to not fund abortion services or              drugs they desperately need, but thou-
                                            abortion coverage.                                                                                             vote for it.
                                              To create a façade of ‘‘paying’’ for the re-
                                                                                                    sands of folks in towns like Wilson
                                                                                                    could lose their jobs as companies                                    b 1200
                                            vival of last decade’s most partisan project,
                                            Obamacare, H.R. 1425 invokes another par-               leave the United States.                                 Mr. BRADY. Madam Speaker, I yield
                                            tisan misadventure reflected in provisions of             Madam Speaker, under no cir-                         2 minutes to the gentleman from Ari-
                                            H.R. 3. In its Statement of Administration              cumstances—no circumstances—can we                     zona (Mr. SCHWEIKERT), a key member



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                                            H2628                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            of the Ways and Means Committee and                     million Americans living in nonexpan-                    We must do this now, more than
                                            a technology leader.                                    sion States. In my State alone, over                   ever, with COVID–19 numbers spiking
                                               Mr. SCHWEIKERT. Madam Speaker,                       300,000 more Alabamians would qualify                  and an administration that is trying to
                                            2 minutes is almost impossible to actu-                 for coverage from Medicaid if we had                   overturn     the    ACA     and   reduce
                                            ally have an honest and detailed de-                    this bill passed.                                      healthcare access rather than expand
                                            bate/discussion in here.                                   The writing is on the wall and the                  it.
                                               But do understand—and I believe this                 facts    are    clear:   Premiums       and              In my district on the central coast of
                                            is a sin of both sides—we are playing                   healthcare costs are higher in States                  California, the numbers of COVID–19
                                            this game where we are moving around                    that haven’t expanded Medicaid, and                    are growing, but impacting certain
                                            who pays. We are doing almost nothing                   over 70 percent of the rural hospital                  communities more than others. Nearly
                                            to actually reduce the underlying cost                  closures are in States that have not ex-               80 percent of all COVID cases in Mon-
                                            of healthcare. Your bill is doing it;                   panded Medicaid.                                       terey County have been found to be in
                                            ours has done it.                                          The public health emergency and                     the Latinx community.
                                               But this bill actually has a very cyn-               economic crisis that we are currently                    Across the Nation, Latinos make up
                                            ical mechanism in it. This board is                     facing means that more uninsured and                   34 percent of the cases of COVID–19, de-
                                            being recycled from H.R. 3. We are all                  more unemployed constituents are                       spite only representing 18 percent of
                                            familiar with the mechanism of ref-                     more vulnerable.                                       the total U.S. population, while, na-
                                            erence pricing. We have debated it                         Let’s pass this legislation. It will not            tionally, Latinos have the highest un-
                                            around here for years.                                  only expand Medicaid and give Med-                     insured rate. H.R. 1425 would fix that
                                               So, if you are in Great Britain and                  icaid expansion opportunities with                     by eliminating barriers to affordable
                                            there is a new drug that gives you a                    equal Federal match in States like                     healthcare for Latinos and expanding
                                            year of healthy life and it costs more
                                                                                                    Alabama, but it would also decrease                    coverage for DACA recipients.
                                            than $37,000, it is not purchased. That                                                                          This bill would improve healthcare
                                                                                                    prescription drug costs and protect the
                                            pricing, that scarcity mechanism, is                                                                           for all Americans by increasing protec-
                                                                                                    preexisting conditions that are so im-
                                            what the Democrats’ bill is importing.
                                                                                                    portant for all Americans.                             tions for people with preexisting condi-
                                            So its savings are actually very cyn-
                                                                                                       This is an important tool, providing                tions, strengthening the State market-
                                            ical, because it is going to take away
                                                                                                    our States with enhanced Federal                       places, expanded premium tax credits,
                                            pharmaceuticals that make people
                                                                                                    matching funds to ensure Medicaid is                   and helping low-income postpartum
                                            healthy.
                                               How could we be doing this, even                     one of the best tools that we have to                  women and children.
                                                                                                    help the communities we represent now                    So I call on my colleagues to come
                                            allow this mechanism, in a time of a
                                            pandemic?                                               and into the future. I urge my col-                    together and vote for this bill because
                                               You are about to crush all of the lit-               leagues to support this important bill.                now, more than ever, it is time for us
                                            tle biopharma companies that we are                        Mr. BRADY. Madam Speaker, I yield                   to do our job: Improve the Affordable
                                            hoping desperately produce miracle                      1 minute to the gentleman from Cali-                   Care Act so that we can provide the
                                            cures, and, in a perverse way, for large                fornia (Mr. NUNES), the ranking mem-                   necessary healthcare to those who need
                                            pharma. You have just given them the                    ber of the Health Subcommittee.                        it the most and everybody in our Na-
                                            market, because you have taken away                        Mr. NUNES. Madam Speaker, I rise                    tion.
                                            those who are nipping at their heels.                   today in opposition to H.R. 1425.                        Mr. BRADY. Madam Speaker, I yield
                                               I beg of you, think about what you                      Per usual, this is a partisan bill that             2 minutes to the gentlewoman from
                                            are actually doing, because this type of                will go nowhere in the Senate and the                  West Virginia (Mrs. MILLER).
                                            financing mechanism will kill people.                   President will not sign into law.                        Mrs. MILLER. Madam Speaker, I rise
                                            It will end lives, because it will create                  Among the various problems in this                  in opposition to H.R. 1425, which should
                                            a dearth, a shortage, of the next gen-                  bill is the Democrats’ insistence on in-               be called the expanding government
                                            eration of cures.                                       cluding provisions which will prevent                  and killing cures act.
                                               Let’s not engage in that cruelty.                    scientists from finding new cures—at a                   With this legislation, my colleagues
                                            There are better ways to get there. And                 time when our Nation is working to                     across the aisle are bending American
                                            we have proposed many of them. It                       overcome the coronavirus.                              healthcare to the will of Washington
                                            would just be nice to get heard, be-                       According to the California Life                    bureaucrats.
                                            cause there are solutions, and this is a                Sciences Association, if this bill                       Any way you look at this, House
                                            really dark one.                                        passes, 88 percent of new drugs in the                 Democrats took a bipartisan issue, im-
                                               Mr. NEAL. Madam Speaker, I yield                     pipeline will be discontinued. That is                 proving healthcare and lowering prices,
                                            11⁄2 minutes to the gentlewoman from                    hundreds of diseases that will not be                  and botched it. We are now left with
                                            Alabama (Ms. SEWELL).                                   cured and countless lives that will be                 bad policy that will stifle innovation
                                               Ms. SEWELL of Alabama. Madam                         lost. That is not something that I can                 for new treatments and therapeutics
                                            Speaker, I am proud to support the Pa-                  support.                                               and do what government does worst:
                                            tient Protection and Affordable Care                       Rather than engineer a government                   pick winners and losers in the private
                                            Enhancement Act today because it is                     takeover of the prescription drug in-                  sector.
                                            high time that we reduce prescription                   dustry, we can work together to pro-                     This    absolutely    will    not   fix
                                            drug costs for all Americans.                           vide lower prices for families, and we                 ObamaCare’s failed policies. This bill
                                               Likewise, this bill includes provi-                  can do it without reducing cures. But                  gives billions in taxpayer-funded bail-
                                            sions to expand access to Medicaid and                  this bill we have before us today is not               outs and subsidies, while doing nothing
                                            quality healthcare insurance with ex-                   the answer.                                            to streamline services, lower costs, or
                                            panded tax credits and premium sub-                        I urge all of my colleagues to vote                 cut taxes.
                                            sidies.                                                 ‘‘no’’ on H.R. 1425.                                     Today, House Democrats are wasting
                                               This bill includes a provision in the                   Mr. NEAL. Madam Speaker, I yield 2                  everyone’s time pushing a bill with
                                            bill—that is, the bill that I have been                 minutes to the gentleman from Cali-                    price controls, punitive taxes, blank
                                            advocating with my colleagues JOHN                      fornia (Mr. PANETTA).                                  checks, bailouts, and more red tape and
                                            LEWIS and MARK VEASEY for some time                        Mr. PANETTA. Madam Speaker, I                       bureaucracy.
                                            now—to ensure that all States that ex-                  rise today in support of H.R. 1425, the                  I want a bill that protects pre-
                                            pand Medicaid coverage receive an                       Patient Protection and Affordable Care                 existing conditions, lowers drug pric-
                                            equal Federal match for expansion, re-                  Enhancement Act.                                       ing, incentivizes innovation, fixes our
                                            gardless of when they expanded. That                       This comprehensive legislation will                 healthcare system, cuts taxes, and ac-




dlhill on DSK120RN23PROD with HOUSE
                                            means that the 14 States—like Ala-                      do what I have always said needs to be                 tually lets you keep your own doctor—
                                            bama, that I represent—could expand                     done to the ACA: It won’t get rid of it,               but this is not it.
                                            Medicaid and get equal Federal cov-                     but it does fix it. This bill does that by               For these reasons, I urge my col-
                                            erage in their match.                                   lowering healthcare costs and raising                  leagues to oppose this legislation so we
                                               This provision incentivizes Medicaid                 access to quality healthcare, especially               can get to work and actually pass a bill
                                            expansion because it would help 113                     for those who need it the most.                        that improves the lives of our citizens.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                H2629
                                              Mr. NEAL. Madam Speaker, I am                         people’s time, and let’s get back to                   going in droves to it? In fact, it works
                                            pleased to yield 11⁄2 minutes to the gen-               governing this great Nation.                           so poorly that, under this bill, they
                                            tlewoman from Florida (Mrs. MURPHY).                      Mr. NEAL. Madam Speaker, I yield 2                   have to bribe you with over $400 billion
                                              Mrs. MURPHY of Florida. Madam                         minutes to gentlewoman from Cali-                      more in taxpayer money.
                                            Speaker, every American should have                     fornia (Ms. JUDY CHU).                                   That is how much this costs, more
                                            affordable access to doctor care, hos-                    Ms. JUDY CHU of California. Madam                    than $400 billion to take you off the
                                            pital care, and prescription drugs. This                Speaker, last week, as COVID–19 cases                  private health insurance that you like.
                                            is important in normal times and vital                  continued to spread, even reaching his-                This is free market. If you don’t like it,
                                            during a pandemic.                                      toric highs, and as the number of                      you can go somewhere else. But most
                                              Before COVID, Florida had one of the                  Americans killed by this virus rose                    people like their private health insur-
                                            worst uninsured rates in the country.                   well above 100,000, Donald Trump asked                 ance, so they are going to push them
                                            That is because State leaders refused                   the Supreme Court to strike down the                   onto this at the expense of over $400
                                            to expand Medicaid, placing politics                    entire Affordable Care Act. If Trump                   billion.
                                            over public health. It is also because                  and Republicans got their way, mil-                      If that isn’t bad enough, Madam
                                            many Floridians chose not to buy a                      lions of Americans would immediately                   Speaker, what else do they do? They
                                            marketplace        plan   because     they              lose their health insurance in the mid-                pay for it—get this—by limiting the
                                            couldn’t find an affordable option.                     dle of a pandemic, with no alternative                 amount of drugs that will come to mar-
                                              COVID has made a bad situation                        available.                                             ket. Yes. The Council of Economic Ad-
                                            worse. In Florida, cases, hospitaliza-                    Ending the ACA is life-threatening,                  visers has advised ‘‘as many as 100
                                            tions, and deaths are rising sharply.                   especially as we battle COVID–19. That                 fewer drugs entering the United States
                                            Millions of workers have lost their jobs                is why I am proud to support the Af-                   market over the next decade, or about
                                            and their employer-sponsored health                     fordable Care Enhancement Act. This                    one-third of the total number of drugs
                                            coverage.                                               bill would build on the success of the                 expected to enter the market.’’
                                              Passage of this bill would make an                                                                             Can you believe this? In the middle of
                                                                                                    ACA by expanding tax credits to ensure
                                            immediate difference in the lives of my                                                                        a global pandemic, when we are trying
                                                                                                    more Americans have access to health
                                            constituents who are really struggling.                                                                        and rushing to find a cure and a vac-
                                                                                                    insurance, not fewer. And it expands
                                            The bill would encourage Florida and                                                                           cine for COVID–19, they are going to
                                                                                                    eligibility for these credits so that
                                            other holdout States to expand Med-                                                                            bring a bill to the floor to stop drugs
                                            icaid by having the Federal Govern-                     Dreamers      can     access    affordable
                                                                                                                                                           from coming to the market, over 100 of
                                            ment pay nearly the full cost. It would                 healthcare as well, something we know
                                                                                                                                                           them.
                                            make exchange coverage more afford-                     will benefit entire communities.                         Let’s read more. This ‘‘would reduce
                                            able,      reducing     premiums       and                The coronavirus does not discrimi-                   Americans’ average life expectancy by
                                            deductibles. It would lower the cost of                 nate, and neither should we.                           about 4 months.’’ My God, what are we
                                            prescription drugs, which are far too                     Critically, this bill undoes the Trump               doing, bringing a bill to the floor right
                                            high.                                                   administration’s expansion of junk in-                 now when we are trying to find a cure
                                              Finally, it would guarantee that no                   surance plans, which offer minimal                     that will make it harder to find a cure?
                                            American can be denied coverage be-                     coverage and leave patients with mas-                  All to push more people, including
                                            cause of a preexisting condition. This                  sive bills when they do get sick; be-                  wealthy people who would be eligible
                                            protection is even more important                       cause, while access to healthcare is es-               under the bill that already have pri-
                                            than ever since there is a risk that in-                sential, it must be affordable.                        vate insurance, onto a heavily tax-
                                            surers could classify a COVID–19 diag-                    That is why it is so important that                  payer-subsidized program that has been
                                            nosis as a preexisting condition.                       this bill also includes language from                  failing under its own weight, failing so
                                              I strongly support this bill and urge                 H.R. 3, the Elijah Cummings Lower                      much they need to add $400 billion to
                                            its passage.                                            Drug Costs Now Act. This will lower                    try to entice you to take it and, in the
                                              Mr. BRADY. Madam Speaker, I yield                     prescription drug prices by allowing                   process, limit the ability to bring life-
                                            2 minutes to the gentleman from Texas                   the government to negotiate for those                  saving drugs, like a cure for COVID–19,
                                            (Mr. ARRINGTON), a member of the                        prices, bringing our prescription drug                 to the market.
                                            Ways and Means Committee.                               prices in line with what they cost over-                 This is absurd. This is psychotic that
                                              Mr. ARRINGTON. Madam Speaker,                         seas.                                                  we are even debating this right now.
                                            at a time when our Nation is reeling                      This bill puts the health of the Amer-               We should be focusing on helping expe-
                                            from an unprecedented public health                     ican people first when we need it most.                dite a cure, not making it harder to
                                            crisis and our fellow Americans are                     I am proud to support this legislation,                bring that very cure for COVID–19 to
                                            struggling just to survive, the Demo-                   and I urge my colleagues to vote ‘‘yes.’’              the market.
                                            crat leadership is wasting precious                       Mr. BRADY. Madam Speaker, I yield                      Madam Speaker, I would strongly
                                            time on yet another partisan mes-                       3 minutes to the to gentleman from                     urge a ‘‘no.’’
                                            saging bill.                                            Louisiana (Mr. SCALISE), the Repub-                      Mr. NEAL. Madam Speaker, I yield 2
                                              This legislation is going nowhere,                    lican whip.                                            minutes to the gentleman from Cali-
                                            and my friends on the other side of the                                                                        fornia (Mr. GOMEZ).
                                                                                                                     b 1215
                                            aisle know it. The name Patient Pro-                                                                             Mr. GOMEZ. Madam Speaker, first, I
                                            tection and Affordable Care Enhance-                      Mr. SCALISE. Madam Speaker, I                        want to remind my colleagues from the
                                            ment Act is no such thing. It is the                    think we all remember: If you like                     other side of the aisle that this Presi-
                                            protecting ObamaCare act. It is the                     what you have, you can keep it. Re-                    dent has attempted to get rid of, to
                                            pretend we are legislating under the                    member that phrase? Probably the                       eliminate, the Affordable Care Act,
                                            guise of partisan messaging act. It is                  most broken promise in political his-                  ObamaCare, over and over and over
                                            the perpetuate the broken promises of                   tory.                                                  again. So when you pretend to care
                                            ObamaCare act. It is empty; it is de-                     Millions of people lost the good                     about expanding healthcare or taking
                                            void; it is going nowhere. We are wast-                 healthcare that they liked because                     care of people who don’t have
                                            ing time in this national crisis.                       Washington bureaucrats came in and                     healthcare, it seems a little hollow to
                                              If it did pass, it would take flexibility             said not ‘‘if you like what you have,                  me.
                                            and responsibility from States. It                      you can keep it,’’ but ‘‘if Washington                   That is why I am proud to stand up
                                            would coerce States to expand Med-                      likes what you have, you can keep it.’’                here to support the Patient Protection
                                            icaid—a flawed Medicaid system, I                       And they took it away.                                 and Affordable Care Enhancement Act
                                            might add—and it would allow for                          After that, you still see, years later,              because it would invest in working




dlhill on DSK120RN23PROD with HOUSE
                                            these monies to be used on abortion,                    they are trying to pull more people out                families by expanding affordability,
                                            which is a nonstarter. We know it is                    of the private insurance market who                    strengthening consumer protections,
                                            not serious when that is in there. That                 actually like what they have, and say,                 and increasing coverage. And there is a
                                            is a poison pill.                                       ‘‘Get back on this.’’                                  lot to like in this bill.
                                              Madam Speaker, I encourage my col-                      If it works so well, by the way,                       For the first time ever, under this
                                            leagues to stop wasting the American                    Madam Speaker, wouldn’t people be                      legislation, doctor recipients would be



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                                            H2630                                              CONGRESSIONAL RECORD — HOUSE                                                          June 29, 2020
                                            eligible for help with their premiums                     Now, the bill we are debating today                  difference between life and death, we
                                            for plans they purchased under Covered                  is another perfect example of an at-                   should be building on the Affordable
                                            California or HealthCare.gov.                           tempt to expand Big Government,                        Care Act to lower health costs, not rip-
                                              For DACA recipients, home is here.                    making it harder on the medical com-                   ping away every last benefit.
                                            Many of them have been working as                       munity. In this case, it is patients who                 With all due respect to my colleagues
                                            first responders and frontline health                   rely on prescription drugs who stand to                on the other side who keep saying this
                                            providers during the pandemic, and                      lose the most.                                         bill has no chance in the Senate, who
                                            they should have affordable healthcare                    In the midst of the COVID–19 out-                    do you work for: MITCH MCCONNELL or
                                            like any other American.                                break and responses, we rush toward                    the American people? My constituents
                                              Madam Speaker, I would like to                        finding treatments and a vaccine. My                   elected me to do my job, and that is to
                                            thank Chairman NEAL for working                         colleagues on the other side of the aisle              fight for their healthcare.
                                            with me on this important provision.                    want to pass a bill that will result in                  Madam Speaker, I fully support the
                                              Second, this bill makes changes so                    fewer cures for Americans in need.                     Patient Protection and Affordable Care
                                            that Medicaid more effectively serves                     That is right. The CBO analysis con-                 Enhancement Act because we need to
                                            its patients.                                           cluded that this bill would result in                  do    more     to   provide   affordable
                                              For instance, under the legislation,                  fewer cures coming to market to help                   healthcare and bring down the rising
                                            Medicaid enrollees would have better                    the American people. Drug manufac-                     costs of prescription drugs.
                                            access to primary care physicians, and                  turers that may feel government isn’t                    This bill does that, and I urge my
                                            they won’t lose their healthcare cov-                   willing to pay a reasonable price for                  colleagues to join us. Do your job
                                            erage just because of small fluctua-                    their product would have their revenue                 today.
                                            tions in their income over the course of                taxed at astronomical rates, essen-                      Mr. BRADY. Madam Speaker, I yield
                                            a year.                                                                                                        myself such time as I may consume.
                                                                                                    tially coercing the drugmaker into sub-
                                              Forty-seven percent of my congres-                                                                             I have here a host of letters in oppo-
                                                                                                    mission or cease to exist.
                                            sional district is enrolled in Medicaid                                                                        sition to this dangerous legislation,
                                                                                                      The reason America leads the world
                                            or Medi-Cal, so these provisions are                                                                           one signed by more than 40 State and
                                                                                                    in producing new medicines is because
                                            crucial.                                                                                                       regional life science organizations and
                                              Last, this bill makes healthcare more                 we allow competition, competition to
                                                                                                    drive innovation.                                      another signed by over 130 small
                                            affordable by increasing subsidies for
                                                                                                      Right now, Congress needs to be fos-                 biotech companies, many of whom are
                                            working families on the marketplace.
                                                                                                    tering innovation through competition,                 currently working to develop COVID–19
                                            This provision is similar to the
                                                                                                    not imposing one-size-fits-all Wash-                   therapies and vaccines. In these let-
                                            Healthcare Affordability Act of 2019
                                                                                                    ington mandates that accomplish just                   ters, they emphasize that this bill will
                                            that I introduced with Congresswoman
                                                                                                    the opposite.                                          deter badly needed investment that
                                            LAUREN UNDERWOOD. This is a historic
                                                                                                      We have already proven that we can                   will harm their ability to manufacture
                                            step.
                                              The Affordable Care Act was a big                     do some work together. Last year, the                  and produce therapies and cures for
                                            step, but it is not done. We are going to               Ways and Means Committee marked up                     American families.
                                                                                                    a bipartisan drug-pricing legislation                    Madam Speaker, in the midst of a
                                            keep pushing, and we are not going to
                                                                                                    bill only to have it die because of par-               pandemic, we just heard a question:
                                            negotiate with the other side of the
                                                                                                    tisan leadership. I know the Energy                    Why do we oppose this bill? In the
                                            aisle that keeps trying to eliminate
                                                                                                    and Commerce and Judiciary Commit-                     midst of a pandemic where countless
                                            and roll back protections and afford-
                                                                                                    tees have done the same. Let’s debate                  lives will depend upon the development
                                            able healthcare for millions of Ameri-
                                                                                                    and find compromise on that legisla-                   of these new cures, this cannot happen
                                            cans.
                                              Mr. BRADY. Madam Speaker, I yield                     tion, which actually stand a chance of                 on our watch. We will not stand idly
                                            3 minutes to the gentleman from Ohio                    becoming law.                                          by.
                                            (Mr. WENSTRUP), a leader on the Ways                      I urge my friends on the other side of                 Madam Speaker, I include in the
                                            and Means Committee.                                    the aisle to work with us on bipartisan                RECORD the letters, and I reserve the
                                              Mr. WENSTRUP. Madam Speaker, I                        legislation that would result in finding               balance of my time.
                                                                                                    more cures for the American people be-                                            OCTOBER 16, 2019.
                                            thank the gentleman from Texas for                                                                             Hon. MITCH MCCONNELL,
                                            yielding and for his leadership.                        cause cures save money and save lives.
                                                                                                                                                           Majority Leader, U.S. Senate,
                                              Madam Speaker, I rise today in oppo-                  I oppose this legislation.
                                                                                                                                                           Washington, DC.
                                            sition to this bill.                                      Mr. NEAL. Madam Speaker, I yield 2                   Hon. CHARLES SCHUMER,
                                              I grew up watching a show called                      minutes to the gentleman from Nevada                   Democratic Leader, U.S. Senate,
                                            ‘‘Medical Center’’ as a kid. It led me to               (Mr. HORSFORD).                                        Washington, DC.
                                            wanting to become a doctor because I                      Mr. HORSFORD. Madam Speaker, I                       Hon. NANCY PELOSI,
                                            wanted to help people.                                  rise today in support of the Patient                   Speaker, House of Representatives,
                                              After I graduated and completed my                    Protection and Affordable Care En-                     Washington, DC.
                                            surgical residency, I owned a small                     hancement Act.                                         Hon. KEVIN MCCARTHY,
                                                                                                      In the middle of the historic health                 Republican Leader, House of Representatives,
                                            practice with two employees. Eventu-
                                                                                                                                                           Washington, DC.
                                            ally, I merged with a larger provider                   and financial security crisis of the                     DEAR SENATE MAJORITY LEADER MCCON-
                                            group, in part because the administra-                  coronavirus pandemic, especially in my                 NELL, SENATE DEMOCRATIC LEADER SCHUMER,
                                            tive burdens of complying with new                      home State of Nevada that has suffered                 HOUSE SPEAKER PELOSI, AND HOUSE REPUB-
                                            laws and regulations were just too                      the most debilitating economic impact,                 LICAN LEADER MCCARTHY: As state and re-
                                            costly for my solo practice.                            affordable healthcare is now more im-                  gional life sciences organizations across the
                                              That wasn’t the end, though. Costs                    portant than ever.                                     country, all dedicated to supporting the de-
                                            continued to rise, and my physician-                      Last week, in the middle of this                     velopment and delivery of innovative life-en-
                                            owned surgery center was ultimately                     COVID–19 crisis, President Trump peti-                 hancing and life-saving products, we write to
                                                                                                                                                           express our strong concerns about recent leg-
                                            sold to a local hospital. Medicare reim-                tioned the Supreme Court to strike
                                                                                                                                                           islative proposals that seek to introduce
                                            bursement rates nearly doubled over-                    down every last protection and benefit                 international reference pricing and foreign
                                            night, including an increase in patient                 of the Affordable Care Act. On Friday,                 price controls as a strategy to reduce pre-
                                            co-pays.                                                I learned that such a ruling would cost                scription drug costs. We are gravely con-
                                              When I got to Congress, I joined the                  23 million Americans, including 309,000                cerned that such polices will consequentially
                                            GOP Doctors Caucus, and I am now                        Nevadans, to lose their health insur-                  threaten patient access and choice and cede
                                            proud to serve as the vice chair. Most                  ance.                                                  America’s global leadership in biomedical in-




dlhill on DSK120RN23PROD with HOUSE
                                            of us in the Doctors Caucus agree that                    There is no excuse for this cruelty                  novation.
                                                                                                                                                             At the outset, we underscore our apprecia-
                                            one of the reasons we came to Congress                  ever. But it is truly unconscionable at
                                                                                                                                                           tion for the bipartisan and bicameral efforts
                                            is because of the mountains of red tape,                a time when over 100,000 Americans                     underway to provide relief to patients from
                                            red tape involved in practicing medi-                   have lost their lives to a virus that we               unaffordable out-of-pocket costs for prescrip-
                                            cine that has killed much of the joy of                 have yet to curb completely. When ac-                  tion drugs. This is a critical challenge for
                                            providing care to patients.                             cess to quality healthcare could be the                our nation, and we are committed to being




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                              H2631
                                            part of the solution to address it, while also            Arizona: Arizona Bioindustry Association,            economic and health crisis we have had
                                            ensuring that incentives still exist to spawn           Inc. (AZBio).                                          in almost a century.
                                            future innovation. However, we are deeply                 California: California Life Sciences Asso-             I am mystified by the strategy of my
                                            concerned by proposals by some in Congress              ciation—CLSA, BIOCOM, SoCalBio.
                                            to introduce price controls, particularly for-            Colorado: Colorado BioScience Associa-
                                                                                                                                                           colleagues on the other side. What are
                                            eign reference pricing, into government and             tion.                                                  they thinking?
                                            private healthcare programs. These pro-                   Connecticut: BioCT.                                    Now, they say that they want to pro-
                                            posals are concerning for states and regions              Delaware: Delaware Bioscience Association            tect people with preexisting conditions.
                                            of the country with established life sciences           (Delaware BIO).                                        In fact, the President tweeted over the
                                            communities, as well as for emerging bio-                 Florida: BioFlorida.                                 weekend, saying he will always protect
                                            medical innovation ecosystems working to                  Georgia: Georgia BIO.                                people with preexisting conditions. And
                                            attract capital investment and support en-                Illinois: Illinois Biotechnology Innovation
                                                                                                    Organization (iBIO).
                                                                                                                                                           I have heard colleagues of mine in the
                                            trepreneurship to build the companies and
                                            therapies of the future. Most importantly,                Indiana: Indiana Health Industry Forum               Ways and Means Committee say: We
                                            they would be devastating for those patients            (IHIF).                                                are convinced. We know now that we
                                            hoping for medicines to treat serious, life-              Iowa: Iowa Biotechnology Association                 have to protect people with preexisting
                                            threatening diseases.                                   (IowaBio).                                             conditions.
                                              For example, 96 percent of new cancer                   Kansas: Bio Kansas.                                    Yet, what do they do? Not what they
                                            drugs are available in the U.S., at an average            Kentucky: Kentucky Life Sciences Coun-               say, what do they do? Their policies
                                            delay of 3 months. By comparison, Japanese              cil.
                                                                                                      Louisiana: Louisiana BIO.
                                                                                                                                                           don’t match their rhetoric.
                                            patients have access to 50% of new medicines
                                            and wait on average 23 months. German and                 Maryland: Maryland Technology Council.                 In 2017, they tried to repeal the ACA
                                            Canadian patients wait four times longer,                 Massachusetts: MassBio.                              altogether, which would take away
                                            French patients wait six times longer. None               Maine: Bioscience Association of Maine               people’s preexisting conditions protec-
                                            of these countries even approach the access             (BioME).                                               tions. Now, in the midst of a pandemic
                                            to new therapies that our patients have.                  Michigan: Michigan Biosciences Industry              that has already killed 130,000 Ameri-
                                            Should the U.S. implement foreign price con-            Association (MichBio).                                 cans, this administration and the Re-
                                            trols, patient choice and access to the full              Minnesota: Medical Alley Association.
                                                                                                                                                           publicans are pursuing a lawsuit to ac-
                                            range of life-saving therapies would undoubt-             Missouri: Missouri Biotechnology Associa-
                                                                                                    tion (MOBIO).                                          tually undo the Affordable Care Act.
                                            edly be threatened.
                                              Proposals to implement foreign price con-               Montana: Montana Bioscience Association.             That will get rid of preexisting condi-
                                            trols also put at risk the U.S.’s world-leading           Nebraska: Bio Nebraska.                              tions protections. It doesn’t make any
                                            innovative biopharmaceutical sector that                  Nevada: The Nevada Biotechnology and                 sense.
                                            has created nearly one million jobs across all          Life Science Association.                                Prescription drugs, the President
                                            50 states and represents a large portion of               New Jersey: BioNJ, HealthCare Institute              said during his campaign and there-
                                            our nation’s Gross Domestic Product                     of New Jersey (HINJ).                                  after, when talking about Big Pharma,
                                            (GDP)—generating an economic output of                    New Mexico: NMBio.
                                                                                                      New York: New York BIO.
                                                                                                                                                           he said that these guys are getting
                                            approximately $1.3 trillion annually. As a
                                            sector that already takes on extraordinary                North Carolina: North Carolina Bio-                  away with murder. We should be nego-
                                            risks and significant investments with the              sciences Organization (NCBIO).                         tiating prescription drug prices. Yet,
                                            hope that a few will eventually become the                North Dakota: BioScience Association of              we have passed the bill before. We are
                                            next life-saving treatment for patients, the            North Dakota.                                          doing it again today, to actually nego-
                                            looming potential of foreign price controls               Ohio: BioOhio.                                       tiate prescription drug prices, and they
                                            brings a threat that risks the support of fu-             Oregon: Oregon Bioscience Association (Or-           are opposing it once again, and they
                                            ture investment.                                        egon BIO).
                                                                                                                                                           are not doing anything to try to nego-
                                              It is also important to remember that the               Pennsylvania: Life Sciences Pennsylvania
                                            overwhelming majority—over 80 percent—of                (LSPA).                                                tiate prescription drug prices.
                                            biopharmaceutical innovators in the US are                South Carolina: SCBIO.                                 Today, Democrats are, once again,
                                            small, start-up, pre-revenue companies with-              South Dakota: South Dakota Biotech.                  taking steps to reduce premiums, lower
                                            out a single product yet on the market. A re-             Tennessee: Life Science Tennessee.                   drug prices, and expand coverage.
                                            cent report by IQVIA showed that emerging                 Texas: Texas Healthcare and Biosciences                Madam Speaker, I urge my col-
                                            biopharmaceutical (EBP) companies account               Institute (THBI).                                      leagues on both sides of the aisle to
                                            for over 70 percent of the total late-stage               Utah: BioUtah.                                       support this bill.
                                            R&D pipeline and were responsible for al-                 Virginia: VirginiaBio.
                                                                                                      Washington: Life Science Washington.
                                                                                                                                                             Mr. BRADY. Madam Speaker, I yield
                                            most two-thirds of the patents for new drugs
                                                                                                      West Virginia: Biosciences Association of            myself 30 seconds.
                                            launched in 2018. These mostly pre-revenue
                                            companies without a product on the market               West Virginia.                                           Madam Speaker, just a quick fact
                                            are the ones to be most affected by fluctua-              Wisconsin: BioForward Wisconsin.                     check, because you know the Repub-
                                            tions in investment caused by the political               Puerto         Rico:     Industry-University         lican Congress in 1996 enacted the first
                                            and public policy environment.                          (INDUNIV) Research Center Inc/Bio Alliance             comprehensive protections for pre-
                                              The recent actions taken by the Adminis-              Puerto Rico.                                           existing    conditions,   which   cover,
                                            tration and Congress on drug pricing are                  Mr. NEAL. Madam Speaker, I yield 2                   today, 275 million Americans who are
                                            seen as extremely threatening by the life               minutes to the gentleman from New                      not affected by the lawsuit. There is
                                            sciences sector, and we are therefore con-              York (Mr. SUOZZI).
                                            cerned that the proposed foreign price con-
                                                                                                                                                           simply too much fear-mongering and
                                                                                                      Mr. SUOZZI. Madam Speaker, I rise                    bad information in this debate.
                                            trols policies will scare investment away
                                                                                                    today in strong support of H.R. 1425,                    Madam Speaker, I reserve the bal-
                                            from life sciences investment, and towards
                                            other industry sectors that pose far less risk.         the Patient Protection and Affordable                  ance of my time.
                                            If price controls as proposed are imple-                Care Enhancement Act.                                    Mr. NEAL. Madam Speaker, I yield 1
                                            mented it may reduce drug pricing in the                  Madam Speaker, the Democrats have                    minute to the gentlewoman from Chi-
                                            short term, but it will certainly result in sig-        been debating internally over the past                 cago (Ms. SCHAKOWSKY).
                                            nificantly reduced innovation and severely              couple of years: What is the best way
                                            restricted access to life-saving medicines.             to reduce healthcare costs? What is the                                 b 1230
                                              On behalf of the US’s innovative life                 best way to provide more access to peo-                  Ms. SCHAKOWSKY. Madam Speaker,
                                            sciences community, we urge you to reject
                                            any efforts to undermine America’s global
                                                                                                    ple? What should we be doing?                          I thank the chairman for yielding to
                                            leadership in biomedical innovation through               Some people push for Medicare for                    me.
                                            international reference pricing or other price          All. People like myself say: Let’s build                 I would think that my colleagues on
                                            controls. Patients deserve access to and                upon the Affordable Care Act. Let’s try                the other side of the aisle, the Repub-
                                            choice of the lifesaving therapies of today             and figure out how we can provide                      licans, would get tired of trying to
                                            and tomorrow. As you move forward, we                   more access and reduce drug costs.                     take healthcare away from Americans,




dlhill on DSK120RN23PROD with HOUSE
                                            stand ready to work with you to consider al-            That is what we are doing here today.                  particularly right now.
                                            ternative proposals that will propel Amer-                Meanwhile, our Republican col-                         The Patient Protection and Afford-
                                            ican innovation forward and deliver afford-
                                            able, accessible and innovative therapies for
                                                                                                    leagues are continuing to hurtle down                  able Care Enhancement Act would ac-
                                            patients who need them.                                 a dark and misguided path to take                      tually make such incredible improve-
                                                  Sincerely,                                        away coverage from almost 20 million                   ments and make healthcare more af-
                                              Alabama: BIO Alabama.                                 Americans in the middle of the worst                   fordable, but, no.



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                                            H2632                                              CONGRESSIONAL RECORD — HOUSE                                                      June 29, 2020
                                               The bill includes the No More Narrow                 19, what are you thinking? Why are we                    As we continue to confront the worst
                                            Networks Act that I actually intro-                     destroying the incentives for new medi-                public health emergency in recent his-
                                            duced that would ensure that con-                       cine and cures? We ought to be doing                   tory, our first priority must be to pro-
                                            sumers can access more comprehen-                       all we can to accelerate medical inno-                 tect the health and safety of the Amer-
                                            sive, equitable, and timely healthcare                  vation, not destroy it in this bill.                   ican people. But during this pandemic,
                                            within their own insurance network                        Democrats would force patients to                    millions of people have lost their jobs
                                            now. It also includes the Protecting                    choose between affordable medicines                    and, regrettably, in America when you
                                            Consumers from Unreasonable Rates                       and lifesaving cures for Alzheimer’s                   lose your job you frequently lose your
                                            Act and allows the Federal Govern-                      ALS, Parkinson’s, diabetes, or cancer.                 health insurance.
                                            ment to help lower prices when those                    That is a false choice. And we are not                   Based on the job losses in March and
                                            rates, those premiums are too high.                     talking about just a few cures for some                April alone, experts estimate that over
                                               This is a great bill. You should be for              very rare diseases, we are talking                     26 million people across the country
                                            this.                                                   about up to 100 cures, dozens lost.                    have lost their job-based health insur-
                                               Mr. BRADY. Madam Speaker, I yield                      Our country is in a time of uncer-                   ance.
                                            myself the balance of my time.                          tainty.    Millions   are   unemployed.                  With so many workers looking to
                                               Madam Speaker, Republicans support                   States still have deep restrictions in                 turn to the Affordable Care Act mar-
                                            children, seniors, and patients with                    place. For folks who are relying on                    ketplaces for healthcare, we must be
                                            preexisting conditions. A Republican                    short-term limited plans for this period               building on the progress we have made
                                            Congress created the popular Chil-                      of uncertainty, why do Democrats pro-                  to expand access to affordable cov-
                                            dren’s Health Insurance Program that                    pose to make their lives harder?                       erage. This is exactly what this bill
                                            millions of families rely on today.                       I oppose this dangerous bill and urge
                                                                                                                                                           does.
                                               A Republican Congress created the                    everyone to oppose it.
                                                                                                      Madam Speaker, I yield back the bal-                   For example, as my colleagues have
                                            prescription drug program and Medi-                                                                            noted, under this proposal, no person
                                            care to help seniors get the medicine                   ance of my time.
                                                                                                      Mr. NEAL. Mr. Speaker, I yield my-                   would pay more than 8.5 percent of in-
                                            they need, and every Democrat and                                                                              come on benchmark silver plans
                                            Speaker PELOSI tried to kill that bill.                 self the balance of my time.
                                                                                                      Madam Speaker, this is very sensible                 through the marketplace. Moreover, we
                                               A Republican Congress created the                                                                           fix the so-called family glitch, a tech-
                                            Medicare Advantage program that                         legislation. It builds upon the Afford-
                                                                                                    able Care Act. It keeps the protections                nical problem that prohibits families
                                            serves 20 million seniors in America.                                                                          from getting affordable coverage, and
                                               And a Republican Congress created                    of preexisting conditions. It makes the
                                                                                                    children’s healthcare initiative perma-                we make that affordable coverage
                                            the first law that established protec-                                                                         available for millions of working fami-
                                            tions for patients with preexisting con-                nent. But most importantly, it expands
                                                                                                    the opportunity.                                       lies.
                                            ditions that covered 275 million Ameri-
                                                                                                      I am going to reiterate something I                    The legislation will also provide in-
                                            cans today regardless of this ACA law-
                                                                                                    said earlier about the experience we                   centives to expand Medicaid so that
                                            suit.
                                                                                                    have had in Massachusetts with the Af-                 low-income families across the country
                                               We want people to have access to
                                                                                                    fordable Care Act. 100 percent of the                  will have coverage regardless of where
                                            quality, affordable healthcare that fits
                                                                                                    children in Massachusetts have health                  they live.
                                            their needs, not Speaker PELOSI’s. We
                                                                                                    insurance. Ninety-seven percent of the                   It builds on existing patient protec-
                                            also support cures now for serious and
                                                                                                    adults in Massachusetts have health                    tions by reversing the Trump adminis-
                                            life-threatening diseases that plague so
                                                                                                    insurance, and it polls in the high sev-               tration’s expansion of short-term so-
                                            many families and our loved ones.
                                                                                                    enties in terms of consumer satisfac-                  called junk health plans, which dis-
                                            Eliminating the hope for those cures is
                                                                                                    tion. It was the experiment that                       criminate against patients with pre-
                                            why this bill is just so dangerous.
                                               Let me also be clear about what isn’t                worked.                                                existing conditions and are not re-
                                                                                                      We should be expanding healthcare                    quired to cover essential health bene-
                                            in this bill, Madam Speaker. We have
                                                                                                    opportunities for members of the                       fits.
                                            heard a lot today from my friends on
                                                                                                    American family, not trying to deny                      These plans raise costs for everybody
                                            the other side of the aisle bemoaning
                                                                                                    them. We shouldn’t be filing a lawsuit                 not in a plan and then abandon the pa-
                                            the Trump administration’s effort to
                                                                                                    in front of the Supreme Court sug-                     tients when they get sick and actually
                                            root out unconstitutional laws while
                                                                                                    gesting that we should do away with                    need coverage.
                                            committing to protect people with pre-
                                                                                                    the Affordable Care Act.                                 Finally, the Patient Protection and
                                            existing conditions.                                      Last point, and I mean this very sin-
                                               The Democrats could end this uncer-                                                                         Affordable Care Enhancement Act
                                                                                                    cerely, as long as I have been in this                 would save money for workers and em-
                                            tainty now. They are in charge of the                   House, Republicans have never agreed
                                            House. Bring to the floor a measure Re-                                                                        ployees by cutting the cost of prescrip-
                                                                                                    amongst themselves on health insur-                    tion drugs and bringing them in line
                                            publicans support that sever the indi-                  ance, never mind trying to find an
                                            vidual mandate from the rest of the                                                                            with the cost people in other countries
                                                                                                    agreement with us. They have always                    pay.
                                            ACA. Bring to the floor a legislative fix               disagreed sharply about the role of gov-
                                            for your unconstitutional law. Bring to                                                                          And when they talk about the loss in
                                                                                                    ernment in health insurance. So before                 investments and research, listen very
                                            the floor certainty for all Americans,                  they give us a lecture on how this
                                            especially    those     with   preexisting                                                                     carefully because they are saying that
                                                                                                    ought to proceed, perhaps they could                   reducing the cost of prescription drugs
                                            health conditions.                                      offer a competing plan that has never
                                               But House Democrats won’t do that.                                                                          is a bad thing. And second, they are
                                                                                                    happened in my time in Congress.                       talking about a previous version of the
                                            No, they find the political fear-                         Madam Speaker, I yield back the bal-
                                            mongering to be too potent an elec-                                                                            bill.
                                                                                                    ance of my time.
                                            tion-year weapon. So we continue this                                                                            In this version of the bill we have an
                                                                                                      The SPEAKER pro tempore (Mrs.
                                            charade.                                                                                                       amendment in here that puts more
                                                                                                    LURIA). All time for the Committee on
                                               Let me state it all again for all to                 Ways and Means has expired.                            money into research and NIH, so that
                                            hear: Republicans support protections                     The gentleman from Virginia (Mr.                     those investments will continue to get
                                            for those with preexisting conditions.                  SCOTT) and the gentlewoman from                        made.
                                            We wrote the law that protects 275 mil-                 North Carolina (Ms. FOXX) each will                      In contrast, the Trump administra-
                                            lion Americans today. And we warned                     control 30 minutes.                                    tion has continued to aggressively pur-
                                            Democrats about this unconstitutional                     The gentleman from Virginia is rec-                  sue the Texas v. United States lawsuit.




dlhill on DSK120RN23PROD with HOUSE
                                            law, and we knew it would get struck                    ognized.                                               Just last week, the Department of Jus-
                                            down in court.                                            Mr. SCOTT of Virginia. Madam                         tice filed briefs urging that the Su-
                                               But we cannot have a healthy soci-                   Speaker, I yield myself 3 minutes.                     preme Court overturn the Affordable
                                            ety, we cannot protect all Americans,                     Madam Speaker, I rise in support of                  Care Act.
                                            if we don’t have access to lifesaving                   the Patient Protection and Affordable                    If that suit is successful, all of the
                                            cures. As we continue to fight COVID–                   Care Enhancement Act.                                  benefits of the ACA will be lost. Tens



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                               H2633
                                            of millions of people will lose insur-                     Yet today, we are debating legisla-                   Lowering drug costs should not be a
                                            ance. People with preexisting condi-                    tion that would enlarge ObamaCare                      partisan issue, yet the underlying par-
                                            tions will lose their protections. Af-                  even further by providing subsidies for                tisan, socialist provisions in H.R. 3 are
                                            fordability credits will evaporate. Con-                some of the wealthiest Americans, pro-                 included in the legislation before us
                                            sumer protections will be lost. This                    viding a blank check bailout for insur-                today.
                                            will happen in the middle of a public                   ance companies, strong-arming States                     Democrats are well aware that H.R. 3
                                            health emergency.                                       into expanding Medicaid, and elimi-                    will never become law. Senate Major-
                                              And for all those on the other side                   nating lower cost healthcare options                   ity Leader MITCH MCCONNELL has said
                                            that say that the Affordable Care Act                   like short-term, limited-duration in-                  it will go nowhere in the Senate, and
                                            has problems, and they have a replace-                  surance plans.                                         President Trump has said he will veto
                                            ment, remember what the CBO said.                          Short-term insurance plans offer                    the bill if it comes to his desk.
                                              The SPEAKER pro tempore. The                          healthcare options for Americans who                     Still, House Democrats continue to
                                            time of the gentleman has expired.                      might find themselves between jobs or                  waste time during an unprecedented
                                              Mr. SCOTT of Virginia. Madam                          unable to afford rising premiums in the                health and economic crisis on legisla-
                                            Speaker, I yield myself an additional 1                 already expensive individual market.                   tion that will die after House passage.
                                            minute.                                                 What is astonishing to me is that                        Their socialist drug-pricing scheme
                                              Remember what the CBO said about                      Democrats conveniently failed to men-                  is nothing more than a leftwing down-
                                            the bill that the Republicans passed                    tion that these short-term, limited-du-                payment        on   a     government-run
                                            when they had the majority a few                        ration plans were legal under the                      healthcare system that would elimi-
                                            years ago. They said the costs would go                 Obama administration and that States                   nate private insurance and implement
                                            up 20 percent the first year, 20 some-                  still have the authority to regulate                   government-controlled rationing of
                                            thing million fewer people would have                                                                          prescription drugs.
                                                                                                    these plans.
                                            insurance, people with preexisting con-                                                                          As I have said many times before,
                                                                                                       As Republicans, we believe in fed-
                                            ditions would lose their insurance, and                                                                        governments don’t negotiate; they dic-
                                                                                                    eralism. If States choose to limit or
                                            the insurance you get is worse than                                                                            tate. The Democrats’ radical drug-pric-
                                                                                                    prohibit the sale of these plans, they
                                            what you got.                                                                                                  ing scheme will eliminate choice and
                                                                                                    are free to do so. Instead of respecting
                                              We can’t afford to take this major                                                                           competition and jeopardize innovation,
                                                                                                    the judgment of State lawmakers and                    investment, and access to future cures.
                                            step backwards in our efforts to put                    local authorities to act in their States’
                                            quality insurance within the reach of                                                                          And we are considering this at a time
                                                                                                    and constituents’ best interest, House                 when we are in the process of devel-
                                            all Americans, and this is why I urge                   Democrats are doubling down on a one-
                                            all of my colleagues to support the Pa-                                                                        oping treatments and a vaccine for
                                                                                                    size-fits-all Federal mandate.                         COVID–19.
                                            tient Protection and Affordable Care                       As we have seen over and over again,                  This type of unprecedented govern-
                                            Enhancement Act so that we can                          Washington-knows-best requirements                     ment interference in private market
                                            strengthen the ACA and ensure mil-                      simply do not work. In the case of the                 negotiations and substantial increase
                                            lions of Americans will have access to                  ill-advised legislation before us today,               in regulatory red tape proves one
                                            better health insurance than they have                  Federally dictated policies will only                  thing: The Democrat Party is being
                                            now and certainly better than they                      lead to fewer choices and higher pre-                  held hostage by their most radical left-
                                            would have if this lawsuit is successful.               miums.                                                 wing Members.
                                              Madam Speaker, I reserve the bal-                        Additionally, House Democrats have                    The American people deserve better
                                            ance of my time.                                        missed the mark with H.R. 1425 when it                 from Congress than the socialist drug-
                                              Ms. FOXX of North Carolina. Madam                     comes to COBRA notices for millions of                 pricing scheme in the bill before us
                                            Speaker, I yield myself such time as I                  workers.                                               today. They deserve a real solution
                                            may consume.                                               While there is room for improvement                 that will lower the cost of prescription
                                              Madam Speaker, I rise today in oppo-                  in this area, such as increasing trans-                drugs without jeopardizing access to
                                            sition to H.R. 1425, the so-called Pa-                  parency and allowing consumers to de-                  new treatments and cures.
                                            tient Protection and Affordable Care                    cide which plans work best for them,                     That is why House Republicans have
                                            Enhancement Act, the latest in a series                 Democrats are instead blocking con-                    introduced H.R. 19, the Lower Costs,
                                            of attempts by House Democrats to                       sumer access to information about                      More Cures Act. This bill contains bi-
                                            score cheap political points at the ex-                 other forms of valued coverage options                 partisan, bicameral measures, and it
                                            pense of hardworking taxpayers.                         outside of the ACA.                                    can become law this year. Specifically,
                                              And speaking of scoring cheap polit-                                                                         H.R. 19 will help lower out-of-pocket
                                            ical points, I think most of my col-                                     b 1245
                                                                                                                                                           costs, protect access to new medicines
                                            leagues and I are tired of having words                   Just when you thought it couldn’t                    and cures, strengthen transparency and
                                            put in our mouths that aren’t there.                    get worse, the blatantly political bill                accountability, and champion competi-
                                            We do not oppose reducing the cost of                   we are considering today incorporates                  tion.
                                            drugs. We want that. We don’t believe                   Speaker PELOSI’s socialist drug-pricing                  Yet, House Democrats are ignoring
                                            it is a bad thing.                                      scheme to cover up the hundreds of bil-                this bipartisan, commonsense legisla-
                                              At a time when Congress should be                     lions of dollars this government                       tion. Clearly, they prefer politics over
                                            united in our continued fight against                   healthcare expansion would cost Amer-                  progress.
                                            the novel coronavirus and ensuring the                  ican taxpayers.                                          Madam Speaker, I am deeply dis-
                                            country can reopen safely, we are in-                     The rising costs of prescription drugs               appointed that we are here today de-
                                            stead here today debating a bill that                   is an issue that resonates with every-                 bating yet another partisan ploy from
                                            amounts to nothing more than polit-                     one in this Chamber. Seventy percent                   my colleagues on the other side of the
                                            ical posturing. Rather than solve any                   of Americans consider reducing the                     aisle. There are bipartisan solutions to
                                            pressing healthcare problems, includ-                   price of prescription drugs to be a top                many pressing issues at our fingertips,
                                            ing the Nation’s response to the                        priority, and they are looking to us,                  including continuing to fight the
                                            COVID–19 pandemic, this misguided                       their elected representatives, to get                  COVID–19 pandemic, but Speaker
                                            legislation will limit healthcare op-                   the job done to get drug prices under                  PELOSI and her Democrat colleagues
                                            tions for patients, contribute to al-                   control.                                               continue to turn their backs on bipar-
                                            ready skyrocketing healthcare costs,                      That is why Congress started a col-                  tisan legislation to help the American
                                            and double down on the many failures                    laborative effort and bipartisan process               people, and that is truly shameful.
                                            of the Affordable Care Act or the ACA.                  last year to tackle this issue. Unfortu-                 Madam Speaker, I reserve the bal-




dlhill on DSK120RN23PROD with HOUSE
                                              As the Republican leader of the Com-                  nately, this bipartisan collaboration                  ance of my time.
                                            mittee on Education and Labor, I am                     was abruptly cut short by Speaker                        Mr. SCOTT of Virginia. Madam
                                            committed to improving and enhancing                    PELOSI’s introduction of H.R. 3, which                 Speaker, I yield 2 minutes to the gen-
                                            employer-sponsored healthcare options                   was written in secret without Member                   tlewoman from Florida (Ms. SHALALA),
                                            for American workers and their fami-                    input or the regular committee proc-                   a distinguished member of the Com-
                                            lies.                                                   ess.                                                   mittee on Education and Labor, and



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                                            H2634                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            the former Secretary of the United                        Just like H.R. 3, this bill irrespon-                help detect, diagnose, and treat poten-
                                            States Department of Health and                         sibly coerces drug manufacturers into                  tially fatal complications.
                                            Human Services.                                         negotiating drug prices with the gov-                    By ensuring better health awareness
                                              Ms. SHALALA. Madam Speaker, I                         ernment, slapping a 65 percent tax on                  from the beginning, we can ensure that
                                            rise today in support of H.R. 1425, the                 revenue if they don’t come to terms,                   all babies are protected and cared for
                                            Patient Protection and Affordable Care                  which increases to as much as 95 per-                  as they grow.
                                            Enhancement Act.                                        cent.                                                    When our Nation is facing a health
                                              Our country is facing multiple inter-                   In any negotiations that I have been                 crisis, the logical reaction should be to
                                            woven catastrophes: a global pandemic,                  part of, that is not how it works.                     strengthen healthcare, not to weaken
                                            an economic crisis, and a reckoning                       In fact, according to the analysis                   it.
                                            over the denial of racial justice. Our                  done by the Congressional Research                       We need to secure these smart poli-
                                            job as Congresspeople is to help the                    Service, letting the government set                    cies to protect future Americans from
                                            American people through these trying                    drug prices would violate both the                     the start.
                                            times. This bill does just that, and the                Fifth Amendment’s Takings Clause and                     Madam Speaker, I urge my col-
                                            time to pass it is long overdue.                        the Eighth Amendment’s Excessive                       leagues to support the Affordable Care
                                              Madam Speaker, my district has the                    Fines Clause.                                          Enhancement Act.
                                            highest enrollment in the Affordable                                                                             Ms. FOXX of North Carolina. Madam
                                                                                                      Before the pandemic, I traveled
                                            Care Act’s marketplaces, with more                                                                             Speaker, I yield 2 minutes to the gen-
                                                                                                    across Pennsylvania’s 12th Congres-
                                            than 100,000 people getting their health                                                                       tleman from North Carolina (Mr. MUR-
                                                                                                    sional District and met with patients
                                            insurance from the ACA. My constitu-                                                                           PHY).
                                                                                                    and medical professionals, who have
                                            ents are likely to have never had                                                                                Mr. MURPHY of North Carolina.
                                                                                                    told me that the best way to address
                                            health insurance before the Affordable                                                                         Madam Speaker, I rise today in opposi-
                                                                                                    rising prescription drug costs include
                                            Care Act became law, but there still                                                                           tion to H.R. 1425.
                                                                                                    patent reform to get generics to mar-                    To be honest, I am a little bit baffled.
                                            are at least another 120,000 people in                  ket quickly, price transparency so con-
                                            Miami-Dade County who do not have                                                                              We are in the midst of a global pan-
                                                                                                    sumers know the actual cost of the                     demic the likes of which this world has
                                            access to health insurance because my                   medication they are purchasing, and
                                            State, the State of Florida, has refused                                                                       not seen in over 100 years, but sadly
                                                                                                    incentivizing innovation to help find                  enough, my Democratic colleagues
                                            to expand Medicaid.                                     new cures.
                                              This bill will take critical steps to                                                                        think it is a good idea to pass a law
                                                                                                      Rather than working toward fixing                    that would handcuff the ability of in-
                                            improve and expand the ACA and lower
                                                                                                    the disaster that has been brought                     dustry to create a vaccine and medi-
                                            drug costs. It requires the Secretary of
                                                                                                    about on the healthcare industry by                    cines to fight this disease.
                                            HHS to negotiate with drug manufac-
                                                                                                    ObamaCare, this bill expands its flawed                  Are you kidding me?
                                            turers for affordable drugs for all
                                                                                                    structure and attempts to force non-                     The price controls and regulations
                                            Americans, a power I would have loved
                                                                                                    Medicaid expansion States into com-                    proposed in this bill completely elimi-
                                            to have had when I was Secretary. It
                                            does exactly what the President asked                   plying with the radical fantasy that re-               nate any incentive for these drug de-
                                            for during his campaign. This provision                 sembles socialized medicine.                           velopers to spend money to invent new
                                                                                                      There has been bipartisan work on                    drugs. Can you imagine any company,
                                            alone will save Medicare $448 billion.
                                              Other critical provisions include ex-                 healthcare reform, like H.R. 19, which                 pharmaceutical or not, being taxed at
                                            panding tax credits deeper into the                     Republicans put forward last year. If                  the rate of 65 to 95 percent of what they
                                            middle class so that everyone can get                   the majority were more interested in                   make?
                                            affordable, comprehensive health cov-                   finding real results, they might have                    We need the next remdesivir or
                                            erage.                                                  engaged with us in real discussions to                 dexamethazone to save people’s lives,
                                              My constituents are worried about                     find common ground. We are interested                  and such policy would not allow this to
                                            their jobs, their loved ones, their                     in lower prices, more cures, and a                     happen.
                                            healthcare, and their country. Let’s                    healthier healthcare marketplace.                        What has happened in the past be-
                                            help them not worry about how they                        Unfortunately, this legislation con-                 cause of overregulation of industry in
                                            will pay for critical healthcare if they                tinues us down the wrong road. For                     the U.S.? These companies have left
                                            get sick.                                               these reasons, Madam Speaker, I op-                    the U.S. and gone where? Gone to
                                              Ms. FOXX of North Carolina. Madam                     pose H.R. 1425 and urge all others to do               China. How has that worked out for us
                                            Speaker, I yield 3 minutes to the gen-                  so.                                                    during this pandemic? China has thus
                                            tleman from Pennsylvania (Mr. KEL-                        Mr. SCOTT of Virginia. Madam                         had a stranglehold on this Nation when
                                            LER).                                                   Speaker, I yield 2 minutes to the gen-                 it comes to the drugs that we need.
                                              Mr. KELLER. Madam Speaker, I urge                     tlewoman from California (Mrs. DAVIS),                   At a time of national consensus that
                                            my colleagues to join me in opposing                    the chair of the Subcommittee on                       we need to purchase fewer drugs from
                                            H.R. 1425.                                              Higher Education and Workforce In-                     China, the Democrats want to ensure
                                              While we can all agree that Ameri-                    vestment.                                              that more of them are developed there
                                            cans pay too much for healthcare and                      Mrs. DAVIS of California. Madam                      and that we have to respond to them.
                                            that the rising costs of prescription                   Speaker, I thank the chairman for                      This is insanity.
                                            drugs need to be addressed, this bill is                yielding.                                                Madam Speaker, make no mistake: I
                                            not the answer.                                           Usually, one’s healthcare is not top                 absolutely do agree that the costs of
                                              The COVID–19 pandemic has affected                    of mind, until it is. This, Madam                      drugs in this country are too high. I am
                                            each of our communities in different                    Speaker, is one of those times.                        a physician. I still practice. I still see
                                            ways. We need to remain focused on                        We     have     to   protect   people’s              patients when we are back in our dis-
                                            helping our constituents reopen their                   healthcare, men and women, whether it                  tricts, and this is their number one
                                            businesses, get back to work, and re-                   is battling the coronavirus, finding a                 complaint. But there are bipartisan
                                            main protected from the virus. This                     cure for cancer, or even birth.                        and commonsense measures that we
                                            bill does none of these things.                           Currently, Medicaid covers women                     can implement to decrease the cost of
                                              Once again, we are wasting the                        for only 60 days postpartum, but life-                 drugs.
                                            American people’s time debating some-                   threatening complications from preg-                     Like I have said many times before,
                                            thing that will harm the healthcare                     nancy, as we all know, can continue                    if we want to lower the cost of drugs,
                                            system, move us toward socialized                       much longer.                                           we need pharmacy benefit manager re-
                                            medicine, and provide fewer cures.                        These illnesses don’t follow the cal-                form. We are the only country in the




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                                              This is especially troubling as it is at              endar. Regulations, of course, must                    world that allows these middlemen to
                                            odds with the Trump administration’s                    align with reality.                                    drive up costs. They cost this Nation
                                            steadfast goal of finding treatments                      This needs to be changed. Fortu-                     over $800 million a year in unnecessary
                                            and a vaccine for COVID–19, as well as                  nately, this bill would extend Medicaid                drug costs.
                                            protecting Americans from future                        coverage to a year postpartum and pro-                   This is a bipartisan and common-
                                            pandemics.                                              vide women with critical coverage to                   sense reform, rather than this nonsense



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                               H2635
                                            legislation, that we can work on to-                    tleman from North Carolina (Mr.                          Mr. BYRNE. Madam Speaker, I
                                            gether to decrease the cost of drugs.                   BISHOP).                                               thank the distinguished ranking mem-
                                               Mr. SCOTT of Virginia. Madam                           Mr. BISHOP of North Carolina.                        ber for yielding.
                                            Speaker, I yield 2 minutes to the gen-                  Madam Speaker, I thank the gentle-                       Madam Speaker, to borrow a line
                                            tleman from Connecticut (Mr. COURT-                     woman for yielding.                                    from President Reagan: Here we go
                                            NEY), a distinguished member of the                       Madam Speaker, Democrats present                     again.
                                            Committee on Education and Labor.                       a false choice: either support the ex-                   In the midst of a nationwide pan-
                                               Mr. COURTNEY. Madam Speaker,                         pansion of an already-failed, govern-                  demic where there is so much work we
                                            today, we vote on this bill that im-                    ment-run healthcare scheme, or let                     should be doing for the American peo-
                                            proves the Affordable Care Act by cut-                  people go without healthcare. They                     ple, the Democrat majority has again
                                            ting the cost of healthcare for families                want you to think that Republicans                     brought a partisan messaging bill to
                                            at an unprecedented, anxious time in                    and the Trump administration have no                   the floor of the House that is dead on
                                            American life.                                          ideas about how to expand coverage—                    arrival in the United States Senate.
                                               More than 2.5 million Americans                      not the case.                                            As the majority knows, this bill in-
                                            have been diagnosed with COVID–19. In                     One of the first bills I introduced                  cludes numerous provisions that are
                                            the insurance world, that means mil-                    after joining last September was the                   nonstarters for Republicans in any leg-
                                            lions more with a preexisting condi-                    Increasing Health Coverage through                     islation related to healthcare, includ-
                                            tion.                                                   HRAs Act. My legislation would codify                  ing: expanding ObamaCare, no protec-
                                               Astonishingly, in the midst of this                  the Trump administration’s rule allow-                 tions against taxpayer-funded abor-
                                            healthcare emergency, when we should                    ing employers to fund health reim-                     tion, the rolling back of numerous
                                            be protecting coverage, the Trump ad-                   bursement arrangements for their em-                   Trump administration regulations that
                                            ministration, last week, asked the Su-                  ployees.                                               have made health insurance more af-
                                            preme Court to strike down the entire                     Thanks to President Trump, these                     fordable, and financial penalties for
                                            ACA.                                                    HRAs can now be used to purchase in-                   States that don’t expand Medicaid.
                                               If Mr. Trump has his wish, those 2.5                 dividual market coverage. That change                    Certainly, it seems bad timing to be
                                            million Americans, along with 130 mil-                  is expected to lead to covering 800,000                enacting legislation that the non-
                                            lion others with preexisting conditions,                more people, all without costly and                    partisan Congressional Budget Office
                                            will lose the landmark pro-patient pro-                 counterproductive government man-                      has already confirmed will lead to
                                            tection that has been on the books for                  dates.                                                 fewer new drugs on the market, but the
                                            the past 10 years, namely, the right to                   The American people want more                        Democrats have again included their
                                            health coverage even if you have been                   choices, lower costs, and increased ac-                socialist prescription drug bill in this
                                            sick before and the confidence and se-                  cess to care, not a continued govern-                  legislation.
                                            renity to know that you won’t be                        ment takeover. I urge Members to vote                    Madam Speaker, there are real areas
                                            charged more because of an illness in                   against H.R. 1425 and for Democrats to                 where we could be working together to
                                            your past.                                              work with Republicans on common-                       find common ground in healthcare.
                                               It is right there on the first page of               sense proposals like mine.                             There could be common ground on re-
                                            the ACA, section 2704: ‘‘Prohibition of                   Mr. SCOTT of Virginia. Madam                         insurance.
                                            preexisting condition exclusions or                     Speaker, I yield 1 minute to the gentle-                 Six months ago, Republicans sug-
                                            other discrimination based on health                    woman from Oregon (Ms. BONAMICI),                      gested over 40 bipartisan prescription
                                            status.’’                                               the chair of the Subcommittee on Civil                 drug provisions we could actually
                                               Yet, the administration in its brief                 Rights and Human Services.                             enact that would encourage innovation
                                            filed with the U.S. Supreme Court a                       Ms. BONAMICI. Madam Speaker, this                    and groundbreaking new cures and pro-
                                            few days ago says: ‘‘The entire ACA                     is the 10th anniversary of the Afford-                 mote low-cost options for patients. We
                                            must fall.’’ That is a verbatim quote.                  able Care Act. Over the past 10 years,                 are still waiting on Speaker PELOSI to
                                               Well, Madam Speaker, if the ACA                      our country has made significant                       take up that package of bipartisan
                                            falls, preexisting condition protections                progress in improving access to afford-                bills.
                                            fall with it, along with age-26 coverage                able healthcare—despite the Trump ad-                    The truth is Democrats are not actu-
                                            for dependent children and the elimi-                   ministration’s constant assault on the                 ally interested in finding solutions.
                                            nation of lifetime limits on health cov-                ACA.                                                   They are interested in ramming polit-
                                            erage, which will devastate patients                      Now, in the middle of an unprece-                    ical legislation through the House in
                                            with chronic illness.                                   dented global health crisis, the admin-                an effort to influence the 2020 Presi-
                                                                                                    istration is in court trying to get rid of             dential race and decry additional con-
                                                              b 1300                                the ACA, including its critical protec-                troversies for Democrat House Mem-
                                              Last night, The Wall Street Journal                   tions for people with preexisting condi-               bers to run on.
                                            reported that the President once again                  tions. This threatens the health cov-                    Republicans are ready to have a seri-
                                            admitted that neither he nor his Sen-                   erage of more than 20 million Ameri-                   ous    conversation     about     making
                                            ate majority have the slightest clue                    cans, nearly half a million of them Or-                healthcare more affordable and acces-
                                            what their plan is if their wrecking                    egonians.                                              sible, but just like with police reform
                                            ball of the ACA succeeds.                                 The coronavirus pandemic has been                    last week, the other side is not.
                                              Madam Speaker, during the last 4                      devastating for those with underlying                    The American people are ready for us
                                            months’ avalanche of layoffs, millions                  conditions, disproportionately harming                 to get back to working for them.
                                            of Americans have desperately reached                   Black and Latinx people in commu-                        Mr. SCOTT of Virginia. Madam
                                            out to their State’s ACA exchanges in                   nities of color. We should be doing all                Speaker, I yield 2 minutes to the gen-
                                            search of health coverage after losing                  we can to expand access to affordable                  tlewoman from Pennsylvania (Ms.
                                            job-based insurance, 54,000 just in Con-                healthcare for everyone, not take it                   WILD), a distinguished member of the
                                            necticut alone.                                         away.                                                  Committee on Education and Labor.
                                              At this time of severe economic un-                     I strongly support the Patient Pro-                    Ms. WILD. Madam Speaker, I thank
                                            certainty when a deadly virus is rav-                   tection and Affordable Care Enhance-                   the chairman for yielding.
                                            aging communities both rural and                        ment Act. This bill will increase cov-                   I rise in support of the Patient Pro-
                                            urban, we must do everything in our                     erage, lower costs, and make quality                   tection and Affordable Care Enhance-
                                            power to strengthen health insurance                    care more accessible for all.                          ment Act, which builds upon the
                                            and make it more affordable, which                        I urge my colleagues to join me in                   achievements of the ACA, including its
                                            this bill does. To shrink from this chal-               supporting this important legislation                  coverage of an additional 20 million




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                                            lenge and roll back the clock on 10                     to keep millions of Americans covered                  people.
                                            years of progress would be a complete                   and build on the legacy of the Afford-                   I am glad to see that the bill includes
                                            dereliction of duty.                                    able Care Act.                                         the tenets of H.R. 3, allowing the HHS
                                              Vote ‘‘yes’’ on this bill.                              Ms. FOXX of North Carolina. Madam                    to negotiate prescription drug prices
                                              Ms. FOXX of North Carolina. Madam                     Speaker, I yield 2 minutes to the gen-                 rather than continuing to pay the out-
                                            Speaker, I yield 1 minute to the gen-                   tleman from Alabama (Mr. BYRNE).                       rageous prices set by companies that



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                                            H2636                                              CONGRESSIONAL RECORD — HOUSE                                                        June 29, 2020
                                            have long blocked competitors from                      legislation that would lower healthcare                The scheme that the Democrats set up
                                            the market.                                             and drug costs without sacrificing in-                 to accomplish this was an individual
                                               With the limited time I have to                      novation.                                              mandate to force people to purchase in-
                                            speak, though, I would like to high-                      But that is not the bill before us                   surance they sometimes couldn’t af-
                                            light my appreciation that it includes                  today. Sadly, like last week’s police re-              ford, a requirement for all plans to
                                            my bill, the Family Health Care Af-                     form bill, the majority is once again                  cover government-mandated essential
                                            fordability Act, which fixes the family                 focused on messaging, not legislating,                 health benefits—10 of them, to be
                                            glitch in the ACA.                                      and that is too bad.                                   exact—community rating to drive
                                               Under the Affordable Care Act, work-                   Mr. SCOTT of Virginia. Madam                         costs up for the youngest consumers,
                                            ers are to have access to affordable                    Speaker, I yield 2 minutes to the gen-                 and massive subsidies that, today, are
                                            healthcare plans, defined as healthcare                 tlewoman from Georgia (Mrs. MCBATH),                   available to families of four with in-
                                            plans that cost no more than 9.56 per-                  a distinguished member of the Com-                     comes as much as $104,000.
                                            cent of the employee’s monthly house-                   mittee on Education and Labor.                           In addition, the bill requires States
                                            hold income. But the interpretation of                    Mrs. MCBATH. Madam Speaker, I                        to greatly expand their Medicaid pro-
                                            ‘‘affordable’’ only looks at whether                    thank the chair for yielding.                          grams, a requirement that was subse-
                                            coverage is affordable to cover the em-                   Madam Speaker, I rise today in sup-                  quently mitigated by the Supreme
                                            ployee, not whether it is affordable to                 port of H.R. 1425, the Patient Protec-                 Court.
                                            cover spouses and dependents.                           tion and Affordable Care Enhancement                     What are the results? The CBO esti-
                                               When factoring in the family unit,                   Act.                                                   mated 4 million individuals would re-
                                                                                                      As a two-time breast cancer survivor,                ceive coverage through the ACA. In re-
                                            coverage can easily surpass 25 percent
                                                                                                    I know how important it is to have ac-                 ality, approximately 9 million received
                                            of household income and still be
                                                                                                    cess to quality, affordable healthcare,                coverage, 80 percent of whom are on a
                                            deemed affordable and block the family
                                                                                                    especially for those like me who have                  highly subsidized plan. Costs exploded,
                                            from marketplace subsidies. This bill
                                                                                                    preexisting conditions.                                as they tend to do with highly sub-
                                            fixes that and makes sure that hard-                      This pandemic has shown us that
                                            working families have access to cov-                                                                           sidized care, and plans responded by
                                                                                                    every American needs access to qual-                   raising copays and deductibles.
                                            erage without risk of financial ruin.                   ity, affordable healthcare. Many Amer-
                                               I call on my colleagues to pass this                                                                          I said it before and I will say it again:
                                                                                                    icans have lost their employer-spon-                   If you have a $5,000 out-of-pocket,
                                            important bill.                                         sored insurance and found affordable
                                               Ms. FOXX of North Carolina. Madam                                                                           Madam Speaker, for most folks, you
                                                                                                    health coverage outside of their grasp,                don’t have insurance; you have a card.
                                            Speaker, I yield 2 minutes to the gen-                  outside of their own reach.                              Meanwhile, the competition and plan
                                            tleman from Michigan (Mr. WALBERG).                       The Patient Protection and Afford-                   choice that was promised never mate-
                                               Mr. WALBERG. Madam Speaker,                          able      Care    Enhancement        Act               rialized. Plan options have decreased
                                            thanks to my chairman in exile.                         incentivizes Medicaid expansion, im-                   over time.
                                               Madam Speaker, I rise in opposition                  proves Medicaid coverage, fixes the                      Seventy-five percent of the increases
                                            to H.R. 1425, the slow coronavirus cures                family glitch, and ensures that every                  in coverage most likely would have oc-
                                            act.                                                    American has access to quality, afford-                curred with two reforms: allowing indi-
                                               There are many problematic provi-                    able healthcare. That is our right. That               viduals to stay on their parents’ plan
                                            sions in this bill, but, ultimately, it is              is our right as Americans, to have af-                 until age 26, which I agree with, and a
                                            yet another political ploy that will not                fordable healthcare, to be able to take                simple Medicaid expansion.
                                            be considered in the Senate or become                   care of our loved ones, take care of our-
                                            law, and we don’t want it to be because                                                                                          b 1315
                                                                                                    selves and live a good, sustainable
                                            it is not good.                                         quality of life.                                         Here we are again. Democrats appear
                                               This bill is a step toward national-                   There is so much work that needs to                  to have learned none of the lessons
                                            izing the drug industry and opening the                 be done, but this legislation truly                    that have become plainly evident since
                                            door to one-size-fits-all, government-                  takes important steps to ensuring that                 they passed their first government
                                            controlled rationing of prescription                    every American has the ability to be                   takeover of healthcare. Today we are
                                            drugs.                                                  able to have access to health coverage.                considering legislation that will sig-
                                               Governments don’t negotiate; they                      Madam Speaker, I urge my col-                        nificantly expand premium subsidies
                                            dictate.                                                leagues across the aisle to vote ‘‘yes.’’              for ACA insurance while prohibiting
                                               The radical approach taken by H.R.                     I am a preexisting condition, and in                 the 1332 waivers from States designing
                                            1425 includes troubling and unprece-                    my district there are over 300,000 peo-                their own plans for their populations’
                                            dented government interference in pri-                  ple like me who have preexisting condi-                unique needs.
                                            vate, market negotiations, which will                   tions—45,000 of those in my district are                 One of the best examples of these
                                            eliminate choice and competition and                    children under the age of 17—and we                    waivers is Maryland—hardly a conserv-
                                            jeopardizes innovation and access to                    deserve to be cared for, and we deserve                ative State—which reduced premiums
                                            future cures.                                           to have a good quality of life afforded                for its residents an average of 13 per-
                                               Countries that have adopted drug                     by affordable and good, quality                        cent in 2019 and an average of 10 per-
                                            pricing systems like the one proposed                   healthcare.                                            cent in 2020. The Democrats want to
                                            in this bill face decreased access to in-                 Ms. FOXX of North Carolina. Madam                    block this. I have no Earthly idea why.
                                            novative new medicines, increased wait                  Speaker, I yield 5 minutes to the dis-                   That is not all.
                                            times for treatment, and supply short-                  tinguished gentleman from Tennessee                      The most outrageous aspect of this
                                            ages for in-demand drugs. The bill will                 (Mr. DAVID P. ROE).                                    legislation is that it would offset the
                                            negatively impact investment and re-                      Mr. DAVID P. ROE of Tennessee.                       cost expansion of the ACA by allowing
                                            search and development of future                        Madam Speaker, I rise today in opposi-                 government bureaucrats to set drug
                                            treatments,     putting     breakthrough                tion to H.R. 1425, which doubles down                  prices. This is a provision that—if it
                                            cures for diseases like Alzheimer’s,                    on the flawed premise underlying the                   sounds familiar, it is, because it was
                                            cancer, and sickle cell disease at risk.                ACA and threatens access to lifesaving                 the heart and soul of H.R. 3, the Demo-
                                               At a time when we have the best                      treatments in the middle of an ongoing                 crats’ flawed drug pricing plan from
                                            minds urgently working on a vaccine                     public health epidemic.                                December—that would have reduced
                                            for COVID–19, why would we want to                        All of us agree in this country that                 access to new lifesaving treatments.
                                            slow down the development of life-                      there is a dire need for healthcare re-                Every study that examined H.R. 3 con-
                                            saving medications? Congress should be                  form. Our current system costs too                     cluded that it would stop cures from




dlhill on DSK120RN23PROD with HOUSE
                                            putting in place policies to incentivize                much, is too complex, and often doesn’t                coming to market. They only disagreed
                                            difficult research and development for                  promote quality or value. This hasn’t                  on how many cures it would stop. Our
                                            these rare and devastating diseases,                    changed since the ACA was first passed                 country currently leads the way in
                                            not discouraging it.                                    into law.                                              bringing new medications to market. It
                                               I stand ready to work with my Demo-                    Remember, the premise of the ACA                     would save lives and improve patients’
                                            crat colleagues and advance bipartisan                  was to lower costs and increase access.                quality of life.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                              H2637
                                              In fact, at this very moment Amer-                       I also salute our freshmen who have                 it is central to not only the health but
                                            ican innovators are working at light                    been leading the charge to lower                       the financial health security of Amer-
                                            speed to develop and mass-produce a                     healthcare     costs   and    strengthen               ica’s working families.
                                            COVID vaccine. The idea of passing leg-                 healthcare protections every step of                     In addition, this legislation expands
                                            islation that discourages this type of                  the way from the first day they arrived                coverage and pushes holdout States to
                                            innovation is absurd.                                   in the Congress.                                       adopt Medicaid expansion for the 4.8
                                              My first in-patient pediatric rotation                   In the election of this past 2018,                  million cruelly excluded from the cov-
                                            in medical school in Memphis was at                     Democrats made a pledge to the Amer-                   erage.
                                            St. Jude’s Children’s Hospital. At that                 ican people. For the people we would do                  It combats inequity in health cov-
                                            time, Madam Speaker, 80 percent of                      three things. For the people we would                  erage faced by communities of color,
                                            those children that I saw died. Today,                  lower the cost of healthcare by low-                   expands more affordable coverage to
                                            80 percent of those children live. If we                ering the cost of prescription drugs and               vulnerable populations, and fights the
                                            don’t stifle innovation, my prayer is                   preserving the preexisting medical con-                maternal mortality epidemic.
                                            that 100 percent of these children will                 dition. We are doing that today.                         And it cracks down on junk plans
                                            survive in the future.                                     For the people we would not only                    which are such a rip—let me just pay
                                              While Democrats continue to double                    lower healthcare costs, we had bigger                  you all the time for my health insur-
                                            down on the failure of ObamaCare, the                   paychecks by building the infrastruc-                  ance but you won’t be there for me
                                            Trump administration has been work-                     ture of America in a green way with                    when I need care. So it cracks down on
                                            ing to implement reforms that actually                  good paying jobs. We will be doing that                those junk plans and strengthens pro-
                                            work and has acted aggressively in                      the rest of the week.                                  tections for people with preexisting
                                            these last few months, in particular, to                   For the people we would be having                   conditions.
                                            modernize our healthcare system and                     cleaner government, and that is what                     What is interesting in this whole de-
                                            ensure patients continue receiving care                 we did the end of last week with the                   bate is to hear the President and Mem-
                                            during this pandemic. The Trump ad-                     Justice in Policing Act, as well as part               bers on the other side of the side say
                                            ministration has been working to give                   of our H.R. 1, voting for statehood for                that, oh, they are all for protecting
                                            patients    new     insurance    options                the District of Columbia. There is cer-                preexisting conditions.
                                            through short-term plans which cover                    tainly more to come on the cleaner                       Oh, really?
                                            only benefits essential to that patient.                government front as we fight for voting                  Then why are you in the Supreme
                                            They have a potentially game-chang-                     at home and removing obstacles to par-                 Court of the United States to overturn
                                            ing rule to increase transparency in                    ticipation.                                            them?
                                            hospital prices. They have expanded                        But here today we are focused on                      Now, just back to this bill. According
                                            telehealth in Medicare—which I use                      that first for the people priority. Ac-                to analysis from the Center for Budget
                                            today—given States the authority to                     cess to affordable care is a matter of                 and Policy Priorities, our legislation
                                            experiment with plan design and en-                     life and death. That is so self-evident                that we have on the floor today will
                                            couraged States to innovate with their                  as we see every day during the COVID–                  help lower the costs for well over 17
                                            Medicaid programs.                                      19 crisis which now has killed more                    million more Americans and safeguard
                                              This should be a time for Congress to                 than 125,000 Americans, infected over                  the Affordable Care Act’s lifesaving
                                            work together and pursue patient-cen-                   2.5 million Americans, and left tens of                protections for 130 million Americans
                                            tered policies that will ensure we have                 millions of people without jobs.                       with preexisting conditions.
                                            a strong healthcare system to come                         As Dr. Martin Luther King, Jr. once                   When they say they are for allowing
                                            back to. I hope my Democratic col-                      said: ‘‘Of all the forms of inequality,                people with preexisting conditions to
                                            leagues will work with Republicans in                   injustice in health is the most shock-                 get coverage, they don’t say at what
                                            a bipartisan manner to advance poli-                    ing and most inhuman because it often                  cost. This is one of the biggest dif-
                                            cies that increase access to quality                    results in physical death.’’ Yes. As                   ferences—well, with stiff competition—
                                            care, lower costs for all Americans, and                lives and livelihoods are shattered by                 but one of the biggest differences be-
                                            put patients back in charge of their                    the coronavirus, the protections of the                tween Democrats and Republicans on
                                            healthcare decision-making.                             Affordable Care Act are more impor-                    healthcare for Americans. We guar-
                                              Madam Speaker, I, once again, urge                    tant now than ever, and this is a health               antee affordability and protect the pre-
                                            my colleagues to vote against H.R.                      justice issue.                                         existing medical condition as not being
                                            1425.                                                      Democrats     with   this   bill  will              an obstacle to access. They are in
                                              Mr. SCOTT of Virginia. Madam                          strengthen America’s health and finan-                 Court trying to overturn it.
                                            Speaker, I yield 1 minute to the distin-                cial security during this time of crisis                 Sadly—and this is a stark contrast,
                                            guished gentlewoman from California                     and for years to come. It lowers Ameri-                as I point out—as Democrats unveiled
                                            (Ms. PELOSI), who is the distinguished                  cans’ healthcare coverage costs: Sig-                  our lifesaving legislation last week,
                                            Speaker of the United States House of                   nificantly increasing the Affordable                   President Trump went to the Court
                                            Representatives.                                        Care Act’s affordability subsidies to be               doubling down on his lawsuit to tear
                                              Ms. PELOSI. Madam Speaker, I                          more generous and cover more middle                    down the ACA and dismantle every one
                                            thank the gentleman for his tremen-                     class families. It negotiates lower pre-               of its protections, including the pre-
                                            dous leadership in bringing this impor-                 scription drug prices: Drawing from                    existing medical condition benefit. At
                                            tant and historic legislation to the                    our H.R. 3 legislation to ensure that                  a time when families need healthcare
                                            floor. He has been a part of advancing                  Americans no longer have to pay more                   more than ever, the President is trying
                                            lower costs for healthcare and better                   for our medicines than Big Pharma                      to strip protections from about 130 mil-
                                            benefits for all Americans in his career                charges for the same drugs overseas.                   lion Americans with preexisting condi-
                                            in Congress. I thank Mr. SCOTT for his                     This has been a long-term goal of                   tions and take coverage away from 23
                                            tremendous leadership as chair of the                   Democrats in the Congress. In 2006                     million Americans. That does not even
                                            Education and Labor Committee and                       when we were running and won the ma-                   go into what he is trying to do to the
                                            for the opportunity he is giving us                     jority, our For the People equivalent                  enhanced benefits that all Americans
                                            today. I salute the gentleman and                       agenda was a new direction for Amer-                   with healthcare enjoy.
                                            Chairman PALLONE, the chair of the                      ica, Six for ’06, and we had six bills                   We need to build on the progress of
                                            Energy and Commerce Committee, who                      that we said we would pass imme-                       the Patient Protection and Affordable
                                            has played such an important role in                    diately upon obtaining the majority.                   Care Act to lower health costs and pre-
                                            all of this, as well as Mr. RICHARD                     We passed all six of them in the House                 scription drug prices, not rip away




dlhill on DSK120RN23PROD with HOUSE
                                            NEAL, chair of the Ways and Means                       of Representatives. Five of them be-                   American healthcare in the middle of a
                                            Committee, so much an important                         came law. Only one of them did not,                    pandemic.
                                            part. These three committees of juris-                  the law enabling the Secretary of HHS                    What sense does that make?
                                            diction and the members of their com-                   to negotiate for lower prescription                      On day one of this Congress led by
                                            mittees have been so essential to its                   drug prices. This has been a fight over                Representative COLIN ALLRED, the
                                            excellence and to its success.                          the years we continue to make because                  House voted to throw our full legal



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                                            H2638                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            weight into defending this lawsuit. Yet                   And this thing is going nowhere. H.R.                tion for 26 million Americans with pre-
                                            more than 190 Republicans have voted                    1425 is nothing more than another gov-                 existing conditions who otherwise
                                            against that resolution, choosing to be                 ernment power grab in an attempt to                    would not have had access to health in-
                                            fully complicit in the President’s at-                  double down on the failed policies of                  surance, made sure young people were
                                            tempt to tear away health protections.                  ObamaCare.                                             covered until age 26, and designated
                                            We continue to call on the President to                   Remember the promise that was                        primary care and access to birth con-
                                            abandon his lawsuit to destroy the Af-                  made to lower your premiums? Yet,                      trol as essential.
                                            fordable Care Act and urge him instead                  they have skyrocketed. Not only does                     Of course, it was imperfect. It was in-
                                            to call on the 14 States who have re-                   this bill rescind the Trump administra-                tended to be a first step. Now, with 10
                                            fused to expand Medicaid to do so.                      tion’s rule on short-term, limited dura-               years of experience, we know how to
                                              Doesn’t it just make sense at the                     tion insurance, which aims to provide                  improve it by addressing the serious
                                            time of a pandemic? It is always impor-                 relief from rising premiums and flexi-                 issues of cost and access.
                                            tant.                                                   bility for consumers, it also imple-                     The Patient Protection and Afford-
                                              It would have been amusing if this                    ments government price-setting for                     able Care Enhancement Act does just
                                            were not so deadly serious to hear Sen-                 drugs.                                                 that, with a special emphasis on chil-
                                            ator CORNYN say: Well, these people                       The American people want choice,                     dren and communities of color who, for
                                            who have lost their jobs because of this                not one-size-fits-all, top-down, Big                   too long, have faced health disparities.
                                            pandemic could always sign up for the                   Government programs. Why in the                          Also, with this bill, a family of four
                                            Affordable Care Act.                                    world would you send a hard-earned                     in my district would save an estimated
                                              Really?                                               tax dollar to Washington and maybe                     $8,000 a year on health insurance. This
                                              But he is trying to take it down.                     get 20 cents back to take care of a pa-                legislation provides permanent funding
                                              The administration has a responsi-                    tient?                                                 for the Children’s Health Insurance
                                            bility to defend the law of the land, not                 Madam Speaker, I made a promise to                   Program so that children will be able
                                            to tear it down. Today, Members of                      the people of Georgia’s 12th District                  to get healthcare they need right from
                                            Congress have a choice to strengthen                    that I would fight to lower drug prices,               the start. I am particularly excited
                                            America’s healthcare protections and                    and this bill would lead to drug price                 that this bill also includes the Kids’
                                            lower healthcare costs or to be                         hikes and shortages. Under this pro-                   Access to Primary Care Act, a bipar-
                                            complicit—once again, I use that                        posal, the Secretary of HHS would be                   tisan bill I introduced to expand pri-
                                            word—in President Trump’s campaign                      required to set government rates for a                 mary care access for children and fami-
                                            to dismantle families’ healthcare.                      number of lifesaving drugs, like insu-                 lies on Medicaid.
                                            Make no mistake. A vote against this                    lin. The CBO estimates that price-set-                   By matching Medicaid reimburse-
                                            bill is a vote to weaken America’s                      ting policies like these will result in                ment rates to higher Medicare rates,
                                            health and financial security during a                  fewer cures and treatments coming to                   Medicaid patients will have access to
                                            pandemic.                                               the market.                                            more physicians, and children will get
                                              When I was growing up, I remember                       H.R. 1425 would expand ObamaCare                     the care they need when they need it
                                            my mother used to always say: If you                    after we spent years working to roll                   from their very own primary care phy-
                                            don’t have your health, you don’t have                  back the burdensome mandates that                      sician. That kind of access to care
                                            anything.                                               the American people cried out for Con-                 should not depend on ZIP Code, in-
                                              Health is so central. As you see, the                 gress to repeal.                                       come, or skin color.
                                            American people place a high value on                     As I said, the American people want                    The toll this pandemic has taken on
                                            it when they say they don’t want to go                  choice. My Democrat colleagues have                    already disadvantaged communities
                                            out too soon to jeopardize their health                 allowed the far-left radicals within                   drives home the need for everyone to
                                            or the health of those they have at                     their party to take over their agenda.                 have affordable access to the care they
                                            home.                                                     Let’s be clear what the Democrats                    need. That is why this bill, the Patient
                                              So, in every language when people sa-                 want here. They want the government                    Protection and Affordable Care En-
                                            lute each other they salute people to                   to be in charge of your healthcare, of                 hancement Act, is so important.
                                            their health. The Spanish say salud,                    everyone’s healthcare. Democrats be-                     No family should ever face bank-
                                            the Dutch say proost, the French say                    lieve they and their fellow bureaucrat                 ruptcy because of medical expenses. As
                                            sante, the Germans say prost, the Irish                 friends know what is best for your                     one of the few doctors in Congress, I
                                            say—now, this is hard because Gaelic is                 healthcare, not your doctor. I can tell                will always work to ensure that every-
                                            a hard language—slainte, the Italian I                  you right now that, in my district, we                 one can afford the care they need.
                                            can say better, salute, and in Hebrew it                know better and can see right through                    Ms. FOXX of North Carolina. Madam
                                            is l’chaim.                                             these schemes.                                         Speaker, I yield 2 minutes to the gen-
                                              It is all about life and health. That is                Now more than ever, for the sake of                  tleman     from     Pennsylvania    (Mr.
                                            the salute. Everybody knows it is cen-                  our country, we must come together to                  SMUCKER).
                                            trally important. With this bill Demo-                  provide real healthcare solutions, not                   Mr. SMUCKER. Madam Speaker, I
                                            crats in the House are offering our sa-                 far-left political messaging bills. Un-                start by wishing the ranking member
                                            lute to good health to the American                     fortunately, it is business-as-usual here              of the committee a very happy birth-
                                            people, and we hope the Republicans                     for the Democrats, putting policies                    day and a wonderful day.
                                            will join us in that salute to good                     over country.                                            Madam Speaker, I rise today in oppo-
                                            health to the American people.                            Madam Speaker, I urge my col-                        sition to H.R. 1425.
                                              Madam Speaker, I urge a strong vote                   leagues to oppose this bill.                             I do agree with my colleagues on
                                            for the Patient Protection and Afford-                    Mr. SCOTT of Virginia. Madam                         both sides of the aisle that we need to
                                            able Care Enhancement Act for the                       Speaker, I yield 2 minutes to the gen-                 enact reforms that will make health
                                            people, for the children, and for the fu-               tlewoman      from    Washington     (Ms.              insurance and access to care more af-
                                            ture.                                                   SCHRIER), a distinguished member of                    fordable. I also agree that we need to
                                                                                                    the Committee on Education and                         protect individuals with preexisting
                                                            b 1330                                  Labor.                                                 conditions. But the approach under the
                                              Ms. FOXX of North Carolina. Madam                       Ms. SCHRIER. Madam Speaker, I                        legislation being debated today will
                                            Speaker, I yield 2 minutes to the gen-                  thank the chairman for yielding.                       not bring us closer to a better-func-
                                            tleman from Georgia (Mr. ALLEN).                          Madam Speaker, I rise in support of                  tioning marketplace. It is like putting
                                              Mr. ALLEN. Madam Speaker, I am                        the Patient Protection and Affordable                  a Band-Aid on a broken system.




dlhill on DSK120RN23PROD with HOUSE
                                            really disappointed with, once again,                   Care Enhancement Act.                                    To truly lower the costs of insurance
                                            my colleagues across the aisle using                      As a pediatrician, and a patient with                and care, we need to address the under-
                                            this COVID–19 crisis as an opportunity                  type 1 diabetes, I know how important                  lying cost drivers of healthcare. Yet,
                                            to push their partisan agenda. You                      it is to have real access to healthcare.               the legislation before us today ignores
                                            would think a crisis like this would                    The Affordable Care Act was a phe-                     what is driving prices higher. Instead,
                                            bring us together.                                      nomenal first step. It provided protec-                it broadens government subsidies to



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                               H2639
                                            more     individuals,     including   the               he was celebrating with his Republican                   Now, having failed to produce an al-
                                            wealthy, so that, on its face, the price                colleagues.                                            ternative, the President and his Repub-
                                            of insurance looks cheaper. But don’t                      The Republicans talk a good game,                   lican allies are determined simply to
                                            be fooled by generous tax credits.                      but they don’t play a game. It is not                  repeal it entirely. That has been their
                                            These credits will be paid for by all                   that they don’t play a good game. They                 position for the last 12 years.
                                            taxpayers when they are passed along                    don’t play a game. There is no bill                      I am proud that one of the first acts
                                            to hardworking families in the form of                  coming from the President of the                       of our Democrat House majority was to
                                            higher taxes.                                           United States.                                         defend the ACA in the Republican law-
                                              Madam Speaker, I would welcome                           Madam Speaker, last week, in the                    suit. Indeed, Americans don’t want to
                                            the opportunity to work with my col-                    middle of the worst pandemic in our                    scrap the law. They want to strengthen
                                            leagues on the other side of the aisle on               lifetimes, the Trump administration                    and expand it.
                                            real reforms that will increase choices                 submitted briefs to the Supreme Court                    They understand that it is not an op-
                                            for insurance and care options; that                    in support of a lawsuit by Republican-                 tion, having healthcare coverage. Pro-
                                            will cut through healthcare monopolies                  led States seeking to overturn the law                 tecting your health is not an option.
                                            to increase competition in the market-                  that provides millions of Americans                      When Democrats won the majority in
                                            place; that will allow for more person-                 with access to affordable healthcare.                  the House, we did so promising to work
                                            alized plans that will better target tax-               They offer no substitute. They said                    to expand coverage, lower out-of-pock-
                                            payer-funded subsidies to the poor, the                 they were going to, but they have                      et costs, and provide greater stability
                                            sick, and the vulnerable, not high-earn-                never done it.                                         for health insurance marketplaces.
                                            ing individuals; and that would enable                     In spite of a decade of Republican ef-              That is what we promised, and we
                                            a system that fosters innovation in pa-                 forts—a decade, 10 years—they have                     picked up 40 net seats. This bill is part
                                            tient care, not stifle it through burden-               had to work on this and come up with                   of that promise.
                                            some government mandate.                                a plan that all of them are talking                      Now, we passed another one. It sits
                                              Before I close, I want to touch on my                 about—‘‘Oh, we want to protect pre-                    untouched in the Senate, as some of
                                            colleagues’ decision to include the                     existing conditions.’’ ‘‘We don’t want                 my Republican colleagues predict for
                                            same government-controlled drug-pric-                   to have lifetime limits’’—you know, all                this one. I understand that. The Repub-
                                            ing scheme in this patchwork of stale                   these things.                                          licans are not for healthcare being af-
                                                                                                       Where is the bill? Where is the meat?               fordable, being quality, being acces-
                                            proposals that was passed a few months
                                                                                                    It is not here. It hasn’t been offered.
                                            ago. At a time when the world is fight-                                                                        sible for people. At least, they haven’t
                                                                                                    The one bill that was offered and
                                            ing to emerge from a global pandemic,                                                                          offered a bill to accomplish that objec-
                                                                                                    passed in this House was called by the
                                            my colleagues on the other side of the                                                                         tive, notwithstanding what the Presi-
                                                                                                    President of the United States a
                                            aisle believe it is an appropriate time                                                                        dent said.
                                                                                                    ‘‘mean’’ bill.
                                            to raise taxes on lifesaving cures by 95                                                                         Importantly, among the other provi-
                                                                                                       Not our President, their President—I
                                            percent.                                                                                                       sions that you have heard about from
                                                                                                    mean, he is the President of all of us,
                                              We have already worked, in a bipar-                   but he is a member of the Republican                   my colleagues this morning, this legis-
                                            tisan manner, on policy ideas that we                   Party, just like Obama was a member                    lation addresses the racial disparities
                                            all agree will help lower drug prices.                  of the Democratic Party.                               in healthcare that have become so
                                            Each of those policies was included in                     We passed an alternative. It was                    starkly evident during this pandemic.
                                            H.R. 19, the Lower Costs, More Cures                    signed, and the majority of the Amer-                  Expanding Medicaid will help close
                                            Act.                                                    ican people supported it. As a matter of               those disparities, and the bill’s provi-
                                              Madam Speaker, I hope, one day, we                    fact, 53 percent of independents sup-                  sion to require Medicaid coverage of
                                            can set the shenanigans aside and bring                 ported it.                                             maternal healthcare for 12 months
                                            real reforms, like those included in                       Madam Speaker, when the Supreme                     postpartum will help reduce disparities
                                            H.R. 19, up for consideration.                          Court hears oral arguments in the Re-                  that make African-American women as
                                              Mr. SCOTT of Virginia. Madam                          publican lawsuit this autumn—in the                    much as four times as likely to die as
                                            Speaker, I yield 1 minute to the gen-                   Republicans’ lawsuit; these are Repub-                 a result of a birth or pregnancy com-
                                            tleman from Maryland (Mr. HOYER),                       lican AGs—it will hear their arguments                 plication than White women.
                                            the distinguished majority leader of                    for taking away protections for those                    Those disparities aren’t acceptable,
                                            the United States House of Representa-                  with preexisting conditions, those most                and our House majority is taking ac-
                                            tives.                                                  vulnerable to COVID–19, at the very                    tion to address them.
                                              Mr. HOYER. Madam Speaker, I                           moment healthcare experts predict an-                    Madam Speaker, I congratulate Mr.
                                            thank the gentleman for yielding.                       other wave of infections and the start                 SCOTT. I congratulate Mr. PALLONE. I
                                              Madam Speaker, I have only been on                    of the flu season. And where do we see                 congratulate Mr. NEAL. And I con-
                                            the floor a short time, but I am sure                   the spike? Along the southern border:                  gratulate Speaker PELOSI.
                                            there have been the repeated opposi-                    Texas, Florida, Arizona.                                 Moreover, this bill would require the
                                            tion statements that: ‘‘Oh, if only we                     Madam Speaker, taking away Ameri-                   Secretary of Health and Human Serv-
                                            could get agreement.’’ ‘‘If only we                     cans’ coverage and throwing our                        ices to negotiate over the most expen-
                                            could do this, we would have a wonder-                  healthcare system into chaos is not                    sive prescription drugs that do not
                                            ful healthcare program.’’                               what the American people want or need                  have marketplace competition, that do
                                              Madam Speaker, frankly, my friends                    during this global public health and                   not have market competition. That is
                                            on the other side of the aisle have had                 economic      crisis.  When    President               what keeps prices down, consumers
                                            12, 14 years, at least, to come up with                 Trump ran for office—this was before                   having choices. If they don’t have
                                            a program.                                              he called the bill that the House passed               choices, they have to take the drug, no
                                              Madam Speaker, they did come up                       a ‘‘mean’’ bill, under Republican lead-                matter what it costs, which is a key
                                            with a program, and they passed it                      ership—President Trump falsely prom-                   component to lowering prices.
                                            through the House—they were in                          ised that he would offer an alternative                  That said, I want to be clear that,
                                            charge—and it went to the Senate. The                   to the Affordable Care Act that was far                while we use international measures,
                                            Republicans were in charge of the Sen-                  less expensive and better quality.                     we will continue to work with the pa-
                                            ate.                                                       Madam Speaker, I ask any of my col-                 tient and disability community to en-
                                              When they passed it through the                       leagues if they have seen that bill, ei-               sure that our efforts to reduce out-of-
                                            House, they all went down to the White                  ther side of the aisle, have they seen                 pocket costs do not have the unin-
                                            House, and they had a big party. ‘‘What                 that bill. This President has been                     tended result of rationing lifesaving




dlhill on DSK120RN23PROD with HOUSE
                                            a wonderful deal this is.’’ Lo and be-                  President for 3.5 years. There is no Re-               and life-sustaining treatments or dis-
                                            hold, within 2 weeks, the President,                    publican bill to make sure that Ameri-                 criminate against our most vulnerable
                                            who was extolling that bill, called it a                cans have affordable quality healthcare                communities.
                                            ‘‘mean’’ bill.                                          and have them able to get insurance ir-                  Madam Speaker, I thank all the
                                              That is not me. That is the President                 respective of preexisting conditions.                  chairs and their committees that came
                                            of the United States about the bill that                There is no such legislation.                          together to produce this bill. I have



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                                            H2640                                              CONGRESSIONAL RECORD — HOUSE                                                       June 29, 2020
                                            mentioned Chairman PALLONE, Chair-                      tleman from Maryland (Mr. TRONE), a                      Ms. FOXX of North Carolina. Madam
                                            man SCOTT, Chairman NEAL, and oth-                      distinguished member of the Com-                       Speaker, I reserve the balance of time.
                                            ers, and I thank all the Members who                    mittee on Education and Labor.                           Mr. SCOTT of Virginia. Madam
                                            were instrumental in bringing these                        Mr.    TRONE.     Madam        Speaker,             Speaker, I yield 2 minutes to the gen-
                                            policies together, including the many                   healthcare is a human right. The Af-                   tleman from Rhode Island (Mr.
                                            freshman     Members     who    ran   on                fordable Care Act helped us live up to                 CICILLINE).
                                            strengthening the ACA.                                  that value by giving over 20 million                     Mr. CICILLINE. Madam Speaker, I
                                              I see Ms. UNDERWOOD on the floor,                     American people healthcare coverage,                   thank the gentleman for his extraor-
                                            but there are many others in the fresh-                 including millions with preexisting                    dinary leadership. I thank Chairman
                                            man class who have worked very hard.                    conditions.                                            SCOTT, Chairman NEAL, and Chairman
                                            Why? Because they campaigned on For                        But still, too many Americans don’t                 PALLONE.
                                            the People, bringing costs down.                        have     access   to   good,     affordable              122,000 Americans have died from
                                              I urge every Member of the House to                   healthcare, and drug prices are through                COVID–19, nearly 2.6 million are in-
                                            join in supporting this bill. Now is the                the roof.                                              fected. And, in the midst of this deadly
                                            time, Madam Speaker, to strengthen                         One of those Americans is Suzette                   and historic global health pandemic,
                                            access to high-quality, affordable                      from Germantown, Maryland. Suzette                     with infection rates continuing to rise
                                            healthcare, to bring costs down, and to                 told me that her insulin prices have                   all across our country, there has never
                                            address the stark racial disparities in                 skyrocketed over the last year, making                 been a worse time to try to rip away
                                            our healthcare system that have come                    it hard to afford a drug that she needs                healthcare from the American people.
                                            into full view with COVID–19.                           to survive. As Elijah Cummings said:                     But just last week, President Trump
                                              I urge all my colleagues on both sides                We are better than that.                               and my Republican colleagues filed a
                                            of the aisle, if your rhetoric is about                    The Patient Protection and Afford-                  pleading in the Supreme Court to take
                                            bringing costs down, if your rhetoric is                able Care Enhancement Act will cut                     away healthcare from 20 million Amer-
                                            about accessibility, if your rhetoric is                premiums in half; allow negotiations                   icans and to gut protections for 135
                                            about equality, walk the walk; don’t                    for drug prices; and expand Medicaid, a                million Americans with preexisting
                                            just talk the talk. Vote for this bill,                 lifeline for many who need support for                 conditions.
                                            because it does what you say you want                                                                            Now, more than ever, Democrats are
                                                                                                    mental health and addiction treatment
                                            to do.                                                                                                         standing up to fight to protect access
                                                                                                    services.
                                                                                                                                                           to quality, affordable healthcare. And
                                                              b 1345                                   During a global pandemic, we should
                                                                                                                                                           the Patient Protection and Affordable
                                                                                                    be acting with compassion for the most
                                              Ms. FOXX of North Carolina. Madam                                                                            Care Enhancement Act does just that.
                                                                                                    vulnerable in our country. This bill
                                            Speaker, I reserve the balance of my                                                                           It lowers healthcare costs; it protects
                                                                                                    does just that. I urge a ‘‘yes’’ vote.
                                            time.                                                      Ms. FOXX of North Carolina. Madam                   patients with preexisting conditions; it
                                              Mr. SCOTT of Virginia. Madam                                                                                 expands Medicaid; and it lowers the
                                                                                                    Speaker, I reserve the balance of time.
                                            Speaker, I yield 2 minutes to the gen-                                                                         cost of prescription drugs.
                                                                                                       Mr. SCOTT of Virginia. Madam
                                            tlewoman from Illinois (Ms. UNDER-                                                                               Our colleagues on the other side of
                                                                                                    Speaker, I yield 2 minutes to the gen-
                                            WOOD), a distinguished member of the                                                                           the aisle have described these ideas as
                                                                                                    tlewoman from Nevada (Mrs. LEE), a
                                            Committee on Education and Labor.                                                                              radical. Only in the Republican Con-
                                              Ms. UNDERWOOD. Madam Speaker, I                       distinguished member of the Com-
                                                                                                                                                           ference is expanding health coverage
                                            rise today in strong support of the Pa-                 mittee on Education and Labor.
                                                                                                                                                           and driving down costs and covering
                                                                                                       Mrs. LEE of Nevada. Madam Speak-
                                            tient Protection and Affordable Care                                                                           more people with preexisting condi-
                                                                                                    er, on behalf of the people of Nevada’s
                                            Enhancement Act.                                                                                               tions radical. For the rest of the Amer-
                                              Last June, I visited Kaylee Heap at                   Third Congressional District, I rise
                                                                                                                                                           ican people, it is a basic human right:
                                            her family’s farm in Minooka, Illinois.                 today to stand up for my constituents’
                                                                                                                                                           access      to    quality,     affordable
                                            Mrs. Heap told me: It would be really                   access to healthcare and lifesaving
                                                                                                                                                           healthcare. The Patient Protection and
                                            nice to come home and work on the                       treatments and support the Patient
                                                                                                                                                           Affordable Healthcare Enhancement
                                            farm with my husband and grow our                       Protection and Affordable Care En-
                                                                                                                                                           Act will do just that.
                                            business, but I can’t do that until we                  hancement Act.
                                                                                                                                                             My colleagues have been on a relent-
                                            overcome the obstacle of getting qual-                     A constituent of mine, Mark, wrote
                                                                                                                                                           less campaign to repeal the Affordable
                                            ity, affordable health insurance.                       to me recently. He is retired and on
                                                                                                                                                           Care Act in its entirety and promised
                                              People like Kaylee are why I intro-                   Medicare, and he is also a diabetic who
                                                                                                                                                           they were going to repeal and replace.
                                            duced legislation, the Healthcare Af-                   requires insulin to survive. He told me
                                                                                                                                                           They have only tried to repeal. There
                                            fordability Act, to improve premium                     that the cost of his insulin is going up
                                                                                                                                                           has never been a replacement.
                                            tax credits to make insurance more af-                  400 percent, with no warning or expla-                   Once again, we are stepping into the
                                            fordable to more Americans, including                   nation. It is life or death for him, be-               breach, building on the success of the
                                            those who don’t currently qualify for                   cause he needs the insulin but can’t af-               Affordable Care Act in the midst of a
                                            tax credits.                                            ford it.                                               global health pandemic to drive down
                                              This legislation would reduce pre-                       This moment should give us all                      healthcare costs, expand coverage, and
                                            miums by hundreds or thousands of                       pause. Millions are out of work; thou-                 protect people with preexisting condi-
                                            dollars for nearly 20 million Ameri-                    sands are sick and dying from a global                 tions.
                                            cans, and I am so pleased that it was                   pandemic; yet lifesaving medications                     I urge my colleagues to vote ‘‘aye.’’
                                            included in this bill today.                            are still out of reach for Americans                     Ms. FOXX of North Carolina. Madam
                                              This bill delivers on our promise to                  who need them.                                         Speaker, I yield myself the balance of
                                            ensure that all Americans have access                      It is unbelievable that this adminis-               my time.
                                            to quality, affordable healthcare. I                    tration continues its campaign to take                   Madam Speaker, propagandists have
                                            urge all of my colleagues to support                    away people’s healthcare. Seniors like                 said that if one repeats a lie often
                                            this bill and join me in this effort.                   Mark deserve better, Nevadans deserve                  enough, people will soon believe the lie
                                              Ms. FOXX of North Carolina. Madam                     better, and Americans deserve better.                  and not the truth. My colleagues are
                                            Speaker, I reserve the balance of time.                    Medication costs, rising premiums,                  entitled to their own opinion but not
                                              Mr. SCOTT of Virginia. Madam                          and junk insurance plans are forcing                   to their own facts or rewriting history.
                                            Speaker, may I inquire as to how much                   people to choose between lifesaving                      I want to repeat some comments
                                            time each side has remaining.                           treatment and paying their bills. No                   from my Texas colleague, Mr. BRADY,
                                              The SPEAKER pro tempore. The gen-                     one in this great country should have                  who spoke earlier in this debate.




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                                            tleman from Virginia has 11 minutes                     to make that choice.                                     Republicans support children, sen-
                                            remaining. The gentlewoman from                            I urge my colleagues to vote for the                iors, and patients with preexisting con-
                                            North Carolina has 41⁄2 minutes remain-                 Patient Protection and Affordable Care                 ditions.
                                            ing.                                                    Enhancement Act, and give every                          Republicans created the popular Chil-
                                              Mr. SCOTT of Virginia. Madam                          American access to affordable health                   dren’s Health Insurance Program that
                                            Speaker, I yield 2 minutes to the gen-                  care.                                                  millions of families rely on today.



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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                     H2641
                                               Republicans created the prescription                 majority and were able to pass a bill.                 icaid. These concrete steps will provide new
                                            drug program in Medicare to help sen-                   They actually passed a bill that CBO                   coverage options to those navigating recent
                                            iors get the medicine they need.                        scored, and they said that it would in-                job loss and economic uncertainty.
                                               Republicans created the first law                    crease costs 20 percent the first year,                   Critically, this legislation also empowers
                                            that established protection for patients                20-some-million fewer people would be                  Medicare to negotiate a better deal on pre-
                                            with preexisting conditions. That law,                  insured, those with preexisting condi-                 scription drug prices, which will bring an end
                                            passed in 1996, is the Health Insurance                 tions would lose some of their protec-                 to price gouging of American consumers and
                                            and Portability Act of 1996.                            tions, and the insurance you get is                    finally allow people to afford the drugs they
                                               We want people to have access to                     worse than what you have.                              need.
                                            high-quality,    affordable     healthcare                 We can do better than that by pass-                    As the pandemic continues to challenge our
                                            that fits their needs and make their                    ing the Patient Protection and Afford-                 collective public health and well-being, now,
                                            own choices, not what Speaker PELOSI                    able Care Enhancement Act, and that                    more than ever, American families need relief
                                            demands for them.                                       is what we should do today by voting                   from soaring health care and prescription drug
                                               Madam Speaker, the devastating ef-                   ‘‘yes’’ on this legislation.                           costs.
                                            fects of COVID–19 are still being felt                     Madam Speaker, I yield back the bal-                   I encourage my colleagues to support this
                                            across our Nation, yet today Demo-                      ance of my time.                                       effort to protect patients, expand access, and
                                            crats are spending time pushing a deep-                    Ms. JOHNSON of Texas. Madam Speaker,                lower health care costs.
                                            ly flawed, partisan bill that is being                  today, I rise in support of H.R. 1425, the Pa-            Mr. CURTIS. Madam Speaker, today, I rise
                                            used to score cheap political points in-                tient Protection and Affordable Care Enhance-          in opposition to H.R. 1425. Right now, we
                                            stead of working on bipartisan solu-                    ment Act. This bill will make critical improve-        must deliver the most effective treatments to
                                            tions like lowering drug costs, ending                  ments to our current health care system by             patients infected with COVID–19 and all those
                                            surprise billing, and getting our econ-                 ensuring affordable access to medical services         suffering from other life-threatening illnesses.
                                            omy back on its feet.                                   and lifesaving prescriptions. By expanding the         Breaking down barriers to receiving timely
                                               We are left with H.R. 1425, a radical                insurance affordability subsidies, establishing        care must remain our number one priority in
                                            bill which will limit healthcare                        a federal negotiating authority for lower drug         order to halt transmission of the virus.
                                            choices, increase costs, and double                     prices, and extending Medicaid coverage to                H.R. 1425 does the opposite by dramatically
                                            down on the failures of the Affordable                  crucial populations, this legislation will ensure      expanding the role of government through un-
                                            Care Act. No innovation, investment,                    that our communities can better withstand and          constitutional inventions in our pharmaceutical
                                            or solutions, just more of the failed                   recover from the seismic impact of this                industry and broader healthcare system. This
                                            status quo from House Democrats,                        COVID–19 pandemic.                                     would put our brightest scientific minds in
                                            which will go nowhere after the vote                       It is inacceptable that during this public          handcuffs and threaten their ability to develop
                                            today.                                                  health emergency, our federal government               future cures for COVID–19 and other life-
                                               Contrary to what Speaker PELOSI                      should act in any manner except to strengthen          threatening diseases.
                                            said, Democrats do not and cannot, in                   and protect our health system. The current ad-            These are especially concerning decisions
                                            this bill, guarantee affordability of                   ministration’s request last week to the Su-            to make without bipartisan input. We have to
                                            healthcare. What they do guarantee is                   preme Court to overturn the Affordable Care            work together in order to deliver solutions that
                                            government control with rationing,                      Act threatens the very protections and medical         give Americans more control over how they
                                            fewer cures, and less freedom for Amer-                 services that our constituents and commu-              are receiving their health care. Solutions could
                                            icans. Republicans believe in just the                  nities are relying on for life saving care during      include expanding access to health savings
                                            opposite.                                               this pandemic.                                         accounts or association health plans to be
                                               Madam Speaker, I strongly urge a                        As the first registered nurse elected to Con-       sold across state lines and with more port-
                                            ‘‘no’’ vote on H.R. 1425, and I yield back              gress, I can attest to the importance of the Af-       ability. I recently introduced legislation to in-
                                            the balance of my time.                                 fordable Care Act in improving our country’s           crease access to both options and I encour-
                                               Mr. SCOTT of Virginia. Madam                         health care, especially through the protections        age my Democratic colleagues to join me as
                                            Speaker, I yield myself the balance of                  for the 133 million Americans living with pre-         I look for creative solutions to make health
                                            my time.                                                existing conditions—of which 11.5 million live         care more affordable for millions of hard-work-
                                               Madam Speaker, this bill will reduce                 in my home state of Texas. If our country              ing Americans.
                                            the cost of prescription drugs. Ameri-                  were to lose the gains of the Affordable Care             Finally, I want to point out that Congress
                                            cans pay twice as much, three times as                  Act, all these individuals will have to face un-       has already taken unprecedented steps to in-
                                            much, as much as 10 times more than                     certain insurance markets without critical pro-        crease access to care for the uninsured and
                                            those in other countries pay for the                    tections. It is more abhorrent for any efforts to      any American household dealing with the ef-
                                            exact same drugs. This bill will allow                  be made to destabilize our health system dur-          fects of COVID–19. It is critical that our focus
                                            the Department of Health and Human                      ing a time of crisis, especially since our com-        remains defeating this virus, keeping Ameri-
                                            Services to try to negotiate better                     munities of color are already facing dispropor-        cans healthy, and allowing hard-working men
                                            prices.                                                 tionate impacts of this virus through higher           and women across our great nation to return
                                               Those on the other side have criti-                  rates of comorbidities and higher reported             to work. We cannot place greater strains on
                                            cized reduced prices because they po-                   rates of hospitalizations and deaths. To further       our already over-worked health care system
                                            tentially could reduce investments and                  jeopardize access to existing health care serv-        through one-size-fits-all policy making.
                                            research, but this bill offsets any such                ices amidst these compounding factors would               Ms. ROYBAL-ALLARD. Madam Speaker,
                                            reductions with significant increases in                prove devastating for the health and wellbeing         ten years ago, this March, I proudly cast my
                                            investment in research at the National                  of our minority communities.                           vote in support of the Patient Protection and
                                            Institutes of Health.                                      Therefore, I am proud to support the Patient        Affordable Care Act. The ACA built on the
                                               This bill makes improvements to the                  Protection and Affordable Care Enhancement             promise that was begun with the passage of
                                            Affordable Care Act by reducing pre-                    Act, and I am committed to fighting for the            Medicare in 1965, which represented a mile-
                                            miums, expanding coverage to families,                  preservation of accessible and quality health          stone in our nation’s history by framing
                                            protecting those with preexisting con-                  care services for the families throughout North        healthcare as a universal right for all Ameri-
                                            ditions, and reducing the number of un-                 Texas.                                                 cans.
                                            insured.                                                   Ms. MATSUI. Madam Speaker, I rise today                Like many of my colleagues at that time, I
                                               We have heard criticisms but no de-                  to support the Patient Protection and Afford-          would have preferred to see the bill go much
                                            scription of a better alternative.                      able Care Enhancement Act.                             further towards granting universal access to
                                               We have heard about the 1996 law on                     This legislation is the collective achievement      health care for every man, woman, and child
                                            preexisting conditions, but that did                    of House Democrats from across the country             in this country. Nevertheless, it was an impor-




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                                            nothing in the individual market. And                   who are working to reverse the Trump Admin-            tant first step to improving the quality and af-
                                            that is what the Affordable Care Act                    istration’s health care sabotage by updating           fordability of health services, prioritizing pre-
                                            protects: preexisting conditions in the                 and improving the Affordable Care Act.                 vention and the reduction of health disparities,
                                            individual market.                                         This bill expands eligibility for health care       and taking the necessary albeit difficult steps
                                               But look at what the CBO said about                  tax credits to purchase ACA plans and en-              to rein in the escalating costs of health care in
                                            the Republican bill when they had the                   courages remaining states to expand Med-               this country.



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                                            H2642                                              CONGRESSIONAL RECORD — HOUSE                                                           June 29, 2020
                                               The intent of the Democrat Majority in the           from an estimated 23 million Americans and             steps towards delivering drug price relief and
                                            111th Congress was always to build on the               threaten coverage for 135 million Americans            improving the health and financial security of
                                            ACA and modify and improve its programs                 with pre-existing medical conditions—all while         American seniors and families. Specifically,
                                            and policies. Instead, what followed was at             delivering a huge tax cut to millionaires. In my       H.R. 1425 requires the federal government to
                                            least 70 Republican led attempts over the next          congressional district alone, repealing the ACA        negotiate affordable prices for at least 25—
                                            8 years to defund benefits, dismantle pro-              would cause 72,000 Oregonians to lose their            and eventually 50—prescription drugs, as well
                                            grams, and repeal parts, or all, of the Afford-         health insurance and threaten the coverage of          as insulin, every year. It also imposes an ex-
                                            able Care Act, with no serious effort to fix            317,000 Oregonians with pre-existing condi-            cise tax on drug manufacturers who do not
                                            problems or replace the critical law with a via-        tions. This is absurd.                                 comply with this affordable pricing provision.
                                            ble alternative.                                           That’s why I strongly support H.R. 1425’s              While I believe these provisions will ulti-
                                               For the last three years, Democrats have             provisions to strengthen protections for individ-      mately deliver relief to millions of Americans,
                                            watched in frustration as a series of misguided         uals with pre-existing conditions, as well as its      including seniors, I believe Congress can and
                                            and meanspirited Presidential executive orders          reversal of the Trump administration’s expan-          must do more to combat rising drug prices
                                            have slashed funding, delayed implementation            sion of junk short-term health insurance plans         and price-gouging pharmaceutical companies.
                                            of programs, and limited benefits for con-              that do not provide coverage for essential                To combat this ridiculous practice, I reintro-
                                            sumers. And when President Trump’s ‘‘Repeal             medical treatments and drugs—and which are             duced H.R. 4640, the Affordable Drug Pricing
                                            and Replace’’ efforts failed, his administration        allowed to discriminate against people with            for Taxpayer-Funded Prescription Drugs Act,
                                            turned to the courts to declare unconstitutional        pre-existing conditions. I am also pleased that        which would end price-gouging on prescription
                                            all, or parts, of the ACA.                              this legislation increases healthcare coverage         drugs developed with taxpayer-funded re-
                                               Today, with the Patient Protection and Af-           by delivering additional support for states to         search. Americans should not pay to develop
                                            fordable Care Enhancement Act, we say                   expand Medicaid, establish state-based health          a drug only to see it put on the shelves in the
                                            ENOUGH IS ENOUGH. This important legisla-               insurance marketplaces, and bolster efforts to         U.S. at a much higher price than other na-
                                            tion will strengthen and expand the Affordable          increase enrollment and help individuals sign          tions. I am also co-leading legislation, the
                                            Care Act by including provisions to reduce the          up for ACA coverage.                                   Make Medications Affordable by Preventing
                                            cost of prescription drugs, reduce the number              I also strongly support this legislation’s ef-      Pandemic Pricegouging Act, to prevent price-
                                            of uninsured Americans, expand access to                forts to lower Americans’ health insurance             gouging for any taxpayer-funded drug or vac-
                                            quality and affordable health coverage, and             costs by expanding tax credits to reduce ACA           cine developed to treat COVID–19.
                                            protect people with pre-existing conditions.            marketplace premiums, placing a cap on pre-               Moreover, I have consistently supported leg-
                                               The bill expands Marketplace tax credits to          mium costs, allowing more individuals and              islation to allow the federal government to ne-
                                            lower health insurance premiums and allows              families to qualify for ACA subsidies, and pro-        gotiate affordable drug prices for Medicare
                                            more middle-class individuals and families to           viding funding for reinsurance initiatives to fur-     Part D, and I am also cosponsor of legislation
                                            qualify for subsidies. It expands Medicaid cov-                                                                to require the federal government to secure af-
                                                                                                    ther lower premiums, deductibles, and other
                                            erage for states who have not taken advan-                                                                     fordable pricing agreements for all prescription
                                                                                                    out-of-pocket costs.
                                            tage of this provision and reverses the Trump              This legislation also takes long-overdue            drugs, as well as to approve cheaper generic
                                                                                                    steps to help combat inequalities in health            versions of drugs if manufacturers refuse to
                                            Administration’s expansion of junk health in-
                                                                                                    coverage faced by communities of color in Or-          negotiate.
                                            surance plans that discriminate against people
                                                                                                                                                              The bottom line is that seniors shouldn’t
                                            with pre-existing conditions. The bill also re-         egon and throughout the United States. This
                                                                                                                                                           have to ration their pills or limit their dosage
                                            quires the federal government to negotiate              includes fighting the maternal mortality epi-
                                                                                                                                                           because they can’t afford to pay for prescrip-
                                            certain drug prices to ensure consumers have            demic by requiring states to extend Medicaid
                                                                                                                                                           tions each month, and drug companies should
                                            access to affordable and fair prices for drugs          or CHIP coverage to new mothers for 1-year             not be free to charge Medicare recipients—or
                                            they depend upon to live healthy and produc-            post-partum; improving Medicaid beneficiaries’         any American—prices that are higher than
                                            tive lives.                                             access to primary care physicians; and pro-            anywhere else in the world. These practices
                                               According to the Congressional Budget Of-            tecting vulnerable populations from losing             are wholly unacceptable, and I will continue
                                            fice (CBO), this bill would reduce the number           health coverage by ensuring that Medicaid              fighting to ensure that every American can af-
                                            of uninsured by 4 million below the current             and CHIP beneficiaries receive a full 12               ford the prescription drugs they need.
                                            law, and it would lower individual market pre-          months of coverage once enrolled—thereby                  The SPEAKER pro tempore. All time
                                            miums by 10 percent and drug prices by up to            protecting them from interruptions due to fluc-        for debate has expired.
                                            55 percent.                                             tuations in their income throughout the year.             Pursuant to House Resolution 1017,
                                               Americans have overwhelmingly told us                   I have always said that the ACA is not per-         the previous question is ordered on the
                                            their number one concern is access to high              fect, but I believe the law should be reformed         bill, as amended.
                                            quality and affordable health care. H.R. 1425           rather than repealed. The original ACA bill that          The question is on the engrossment
                                            builds on the ACA and takes the next critical           passed the House in 2009, with national ex-            and third reading of the bill.
                                            step towards reducing health disparities and            changes and a government not-for-profit op-               The bill was ordered to be engrossed
                                            providing more families with affordable and             tion, was far superior than the final bill that be-    and read a third time, and was read the
                                            comprehensive health insurance. I am proud              came law. In my opinion, a government-run,             third time.
                                            to vote YES for the Patient Protection and Af-          not-for-profit health plan would have paved the                            b 1400
                                            fordable Care Enhancement Act.                          way to a single-payer system with more com-
                                               Mr. DEFAZIO. Madam Speaker, today I will                                                                                  MOTION TO RECOMMIT
                                                                                                    prehensive coverage at a lower cost. That’s
                                            vote in support of H.R. 1425, the Patient Pro-          why I have once again introduced legislation,            Mr. WALDEN. Madam Speaker, I
                                            tection and Affordable Care Enhancement Act.            H.R. 1419, that would establish such a plan            have a motion to recommit at the
                                               I am pleased that this legislation bolsters          and bring down premium costs.                          desk.
                                            the Affordable Care Act (ACA) and further pro-             I am also once again an original cosponsor            The SPEAKER pro tempore. Is the
                                            tects it against years of attempts by the Trump         of H.R. 1384, the Medicare for All Act, which          gentleman opposed to the bill?
                                            administration and congressional Republicans                                                                     Mr. WALDEN. Madam Speaker, in its
                                                                                                    would transition the U.S. to a universal single-
                                            to undermine and repeal this important                                                                         current form, I am.
                                                                                                    payer system to ensure that everyone has ac-             The SPEAKER pro tempore. The
                                            healthcare legislation—and thus take away               cess to health insurance coverage, no matter           Clerk will report the motion to recom-
                                            health coverage and protections from millions           their income.                                          mit.
                                            of Americans—all without ever proposing a                  Additionally, because of pharmaceutical               The Clerk read as follows:
                                            viable replacement.                                     companies’ price gouging, Americans pay                  Mr. Walden moves to recommit the bill
                                               The timing of this legislation could not be          more out-of-pocket for prescription drugs than         H.R. 1425 to the Committee on Energy and
                                            more crucial. Just last week, in the midst of a         individuals in any other country. Americans            Commerce with instructions to report the
                                            global pandemic that has killed more than               need lower drug prices now, and Congress               same back to the House forthwith with the




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                                            120,000 Americans and threatened the health             has the ability to enact important reforms to          following amendment:
                                                                                                                                                             After section 2, insert the following:
                                            insurance coverage of millions more, the                deliver immediate relief.                              SEC. 3. EFFECTIVE DATE.
                                            Trump administration filed a legal brief to the            By incorporating provisions from H.R. 3, the          This Act and the amendments made by
                                            Supreme Court supporting a case that would              Elijah E. Cummings Lower Drug Costs Now                this Act shall not take effect unless the Sec-
                                            fully repeal the ACA. This reckless and heart-          Act—which passed the House in December—                retary of Health and Human Services, in con-
                                            less move would strip healthcare coverage               I believe H.R. 1425 takes some important first         sultation with the Commissioner of Food and




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                                            June 29, 2020                                      CONGRESSIONAL RECORD — HOUSE                                                                H2643
                                            Drugs, the Director of the National Insti-              House Democrats voted to impose                          So, based on the claims by Repub-
                                            tutes of Health, and the Director of the Na-            these dangerous price controls with                    licans here today and this motion to
                                            tional Institute of Allergy and Infectious              passage of H.R. 3.                                     recommit, my colleagues on the other
                                            Diseases, certifies that no provision of this             We also know that one of the side                    side of the aisle would have you believe
                                            Act and the amendments made by this Act
                                                                                                    benefits, shall we say, of adopting so-                that we are forced to choose between
                                            will adversely affect research on, develop-
                                            ment of, or approval of any drug (including             cialized medicine is you don’t get ac-                 two competing alternatives: either
                                            any biological product) intended to treat or            cess to new medicines when they do be-                 finding vaccines and treatments for
                                            prevent infection with the virus that causes            come available in as timely a manner                   diseases and viruses like COVID, or re-
                                            COVID–19.                                               as you do here. Compared to the U.S.,                  ducing drug prices that are gouging
                                              The SPEAKER pro tempore. Pursu-                       in Australia, it takes an average of 19                American families at the pharmacy
                                            ant to the rule, the gentleman from Or-                 months longer for medicines to become                  counter every day. This is a false
                                            egon is recognized for 5 minutes in sup-                available to patients; for Canada, it is               choice.
                                            port of his motion.                                     up to 14 months longer; United King-                     From the Republican perspective, we
                                              Mr. WALDEN. Madam Speaker, this                       dom, 11 months longer for those cures                  have no choice but to allow the phar-
                                            motion should be adopted. It would                      for cancer, those new medicines on the                 maceutical industry to continue to go
                                            prevent the bill from upending the very                 market, revolutionary sort of new in-                  unchecked and rake in record profits at
                                            progress we are all counting on for our                 novations we all want.                                 the expense of those who need life-
                                            innovators to develop new vaccines and                    So all we are asking for here is, be-                saving medicines. But it is fear-
                                            therapies to confront this killer                       fore your bill becomes law—and, by the                 mongering at its worst, and it is bla-
                                                                                                    way, the administration said they will                 tantly untrue. This Nation can and is
                                            coronavirus.
                                              You see, it simply states the legisla-                recommend a veto—before it moves                       doing both. There is more than enough
                                            tion cannot take effect unless the Sec-                 through the path, let’s at least make                  spending in the system to reduce drug
                                                                                                    sure that an unintended but dangerous                  prices and ensure we do not impact re-
                                            retary of Health and Human Serves
                                                                                                    consequence of this bill does not take                 search and development for treatments
                                            certifies that no provision will ad-
                                                                                                    effect, and that is let’s make sure that               and cures, including a vaccine for
                                            versely impact the research, the devel-
                                                                                                    it will not inhibit research and innova-               COVID–19.
                                            opment, or the approval of any drug in-                                                                          We know that most big pharma-
                                            tended to treat or prevent COVID–19.                    tion for a treatment or cure to COVID–
                                                                                                    19. That is what our motion asks for.                  ceutical companies spend more on mar-
                                              Now, Democrats, with a straight
                                                                                                      Madam Speaker, I urge a ‘‘yes’’ vote                 keting, sales, and overhead than re-
                                            face, come to the floor today to move a                                                                        search and development, and there is
                                            bill that would do grave damage to                      on the motion to recommit.
                                                                                                      Madam Speaker, I yield back the bal-                 no reason why American families are
                                            medical innovation. The Congressional                                                                          forced to pay 3, 5, or 10 times more for
                                                                                                    ance of my time.
                                            Budget Office has told us that on many                    Mr. PALLONE. Madam Speaker, I                        the same treatments as those in other
                                            occasions. Upwards of 30 to 100 drugs,                  rise in opposition to the motion to re-                countries. It is simply unfair.
                                            depending upon the source, could never                  commit.                                                  That is why new polling has shown
                                            make it into the pipeline. Will that be                   The SPEAKER pro tempore. The gen-                    that 9 out of 10 Americans support di-
                                            a cure for COVID or a cure for ALS or                   tleman from New Jersey is recognized                   rect negotiations by the Federal Gov-
                                            a cure for cancer? We don’t know, and                   for 5 minutes.                                         ernment for the price of a treatment
                                            neither do the Democrats bringing it.                     Mr. PALLONE. Madam Speaker, I                        for COVID–19 and why people are
                                            But we do know the independent anal-                    urge my colleagues to vote against the                 scared that they are going to be gouged
                                            yses show we will not see a lot of new                  Republican motion to recommit.                         for coronavirus treatment when it is
                                            medicines.                                                This motion to recommit is a distrac-                available, just like they have been so
                                              So let’s make sure one of those new                   tion, and it provides cover to the phar-               often gouged by other drugs that their
                                            medicines is not the cure to COVID or                   maceutical industry to continue to                     families have needed to stay healthy.
                                            a treatment to save lives for people                    raise prices, just as we have seen them                  So the bottom line, Madam Speaker:
                                            who are on ventilators. That is what                    do on thousands of drugs this year                     We can have innovation and lower
                                            our motion to recommit says: Before                     alone.                                                 costs, and that is what this underlying
                                            you move forward with a known inno-                       Moreover, my Republican colleagues                   bill does. This bill will establish a fair
                                            vation killer, let’s at least exclude                   would have you believe that it is the                  price negotiating program that rewards
                                            treatments and cures for COVID–19.                      pharmaceutical industry alone that is                  true innovation by directing the Sec-
                                              Communities are being ravaged, we                     responsible for innovation and for fund-               retary to prioritize a drug’s research
                                            all know these stories. We all share                    ing innovation in this country, which                  and development spending, as well as
                                            them with each other about incredible                   omits the critical role that the Federal               the extent to which a drug represents a
                                            damage done to lungs, organs, and lives                 Government has played and will con-                    true therapeutic advance over existing
                                            as a result of COVID–19. In the wake of                 tinue to play in drug development and                  drugs.
                                            this public health crisis, medical                      the discovery of novel therapies.                        Madam Speaker, I urge my col-
                                            innovators have worked at an unprece-                     Let me be clear, Madam Speaker:                      leagues to reject the motion to recom-
                                            dented speed to develop safe and effec-                 The investments in research for                        mit. We know that, in the last few
                                            tive products so we can safely begin to                 COVID–19 treatments and vaccines                       months, drug prices have gone up tre-
                                            open our country back up and eventu-                    aren’t being put on the backs of the                   mendously around the country, and
                                            ally return to normal lives.                            pharmaceutical industry. It is Congress                drug prices increasingly take a larger
                                              We have seen public-private partner-                  and the American taxpayer who have                     percent of your healthcare cost. People
                                            ships to a degree never seen before. Pri-               made unprecedented investments as we                   simply can’t afford it, and that is why
                                            vate companies are joining forces with                  race to find a cure for COVID–19.                      this bill is necessary. Do not believe
                                            competitors, government agencies, and                     In response to COVID–19, Congress                    the false choice of my Republican col-
                                            nonprofits, and they have taken on                      has invested over $8 billion for innova-               leagues.
                                                                                                                                                             Madam Speaker, I urge my col-
                                            substantial financial risk in order to                  tive biomedical research development
                                                                                                                                                           leagues to vote against the motion to
                                            bring safe and effective vaccines and                   and the purchase of new vaccines and
                                                                                                                                                           recommit.
                                            treatment to patients as quickly as                     therapeutics, including $4.4 billion in                  Madam Speaker, I yield back the bal-
                                            possible.                                               the CARES Act, and $3.8 billion in the                 ance of my time.
                                              But now Democrats, with passage of                    Supplemental Appropriations Act in                       The SPEAKER pro tempore. Without
                                            this bill, want to gut innovation in                    the last month or so.                                  objection, the previous question is or-
                                            America.                                                  This Enhancement Act combined                        dered on the motion to recommit.




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                                              California Life Sciences tells us the                 with the HEROES Act, which the Sen-                      There was no objection.
                                            provisions of this bill that were in-                   ate has still not taken up, would more                   The SPEAKER pro tempore. The
                                            cluded in H.R. 3 can result in 88,000 in-               than double this historic investment,                  question is on the motion to recommit.
                                            novation tech jobs, R&D jobs going                      bringing it to over $19 billion. And the                 The question was taken; and the
                                            away from America to somewhere else.                    manager’s amendment to this bill is                    Speaker pro tempore announced that
                                            That is the price of this bill. We know                 another $2 billion.                                    the noes appeared to have it.



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                                            H2644                                              CONGRESSIONAL RECORD — HOUSE                                                           June 29, 2020
                                              Mr. WALDEN. Madam Speaker, on                         and rent-arrears, fees charged for those ar-           compliance with the formula referred to in
                                            that I demand the yeas and nays.                        rears, and security and utility deposits) in           subsection (h)(1)(A).
                                              The SPEAKER pro tempore. Pursu-                       accordance with paragraphs (4) and (5) of sec-           (e) RENT RESTRICTIONS.—
                                                                                                    tion 415(a) of such Act (42 U.S.C. 11374(a)) and         (1) INAPPLICABILITY.—Section 576.106(d) of
                                            ant to section 3 of House Resolution                    this section.
                                            965, the yeas and nays are ordered.                                                                            title 24, Code of Federal Regulations, shall
                                                                                                      (b) DEFINITION OF AT RISK OF HOMELESS-
                                              Pursuant to clause 8 of rule XX, fur-                                                                        not apply with respect to homelessness pre-
                                                                                                    NESS.—Notwithstanding section 401(1) of the
                                                                                                    McKinney-Vento Homeless Assistance Act                 vention assistance made available with
                                            ther proceedings on this question will                                                                         amounts made available under subsection
                                            be postponed.                                           (42 U.S.C. 11360(1)), for purposes of assistance
                                                                                                    made available with amounts made available             (a).
                                                             f                                      pursuant to subsection (a), the term ‘‘at risk           (2) AMOUNT OF RENTAL ASSISTANCE.—In pro-
                                                                                                    of homelessness’’ means, with respect to an            viding homelessness prevention assistance
                                            EMERGENCY          HOUSING       PROTEC-                                                                       with amounts made available under sub-
                                              TIONS AND RELIEF ACT OF 2020                          individual or family, that the individual or
                                                                                                    family—                                                section (a), the maximum amount of rental
                                              Ms. WATERS. Mr. Speaker, pursuant                       (1) has an income below 80 percent of the            assistance that may be provided shall be the
                                            to House Resolution 1017, I call up the                 median income for the area as determined by            greater of—
                                            bill (H.R. 7301) to prevent evictions,                  the Secretary; and                                       (A) 120 percent of the higher of—
                                                                                                      (2) has an inability to attain or maintain             (i) the Fair Market Rent established by the
                                            foreclosures, and unsafe housing condi-
                                                                                                    housing stability or has insufficient re-              Secretary for the metropolitan area or coun-
                                            tions resulting from the COVID–19 pan-                                                                         ty; or
                                                                                                    sources to pay for rent or utilities due to fi-
                                            demic, and for other purposes, and ask                  nancial hardships.                                       (ii) the applicable Small Area Fair Market
                                            for its immediate consideration in the                    (c) INCOME TARGETING AND CALCULATION.—               Rent established by the Secretary; or
                                            House.                                                  For purposes of assistance made available                (B) such higher amount as the Secretary
                                              The Clerk read the title of the bill.                 with amounts made available pursuant to                shall determine is needed to cover market
                                              The SPEAKER pro tempore (Mr.                          subsection (a)—                                        rents in the area.
                                            CUELLAR). Pursuant to House Resolu-                       (1) each recipient of such amounts shall               (f) SUBLEASES.—A recipient shall not be
                                            tion 1017, the bill is considered read.                 use—                                                   prohibited from providing assistance author-
                                                                                                      (A) not less than 40 percent of the amounts          ized under subsection (a) with respect to sub-
                                              The text of the bill is as follows:                   received only for providing assistance for in-         leases that are valid under State law.
                                                                H.R. 7301                           dividuals or families experiencing homeless-
                                                                                                    ness, or for persons or families at risk of              (g) HOUSING RELOCATION OR STABILIZATION
                                              Be it enacted by the Senate and House of Rep-
                                                                                                    homelessness who have incomes not exceed-              ACTIVITIES.—A recipient of amounts made
                                            resentatives of the United States of America in
                                                                                                    ing 30 percent of the median income for the            available pursuant to subsection (a) may ex-
                                            Congress assembled,
                                                                                                    area as determined by the Secretary;                   pend up to 25 percent of its allocation for ac-
                                            SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
                                                                                                      (B) not less than 70 percent of the amounts          tivities under section 415(a)(5) of the McKin-
                                              (a) SHORT TITLE.—This Act may be cited as                                                                    ney-Vento Homeless Assistance Act (42
                                            the ‘‘Emergency Housing Protections and                 received only for providing assistance for in-
                                                                                                    dividuals or families experiencing homeless-           U.S.C. 11374(a)(5)), except that notwith-
                                            Relief Act of 2020’’.                                                                                          standing such section, activities authorized
                                              (b) TABLE OF CONTENTS.—The table of con-              ness, or for persons or families at risk of
                                                                                                    homelessness who have incomes not exceed-              under this subsection may be provided only
                                            tents for this Act is as follows:                                                                              for individuals or families who have incomes
                                                                                                    ing 50 percent of the median income for the
                                            Sec. 1. Short title; table of contents.                                                                        not exceeding 50 percent of the area median
                                                                                                    area as determined by the Secretary; and
                                            TITLE I—PROTECTING RENTERS AND                            (C) the remainder of the amounts received            income and meet the criteria in subsection
                                              HOMEOWNERS FROM EVICTIONS AND                         only for providing assistance to individuals           (b)(2) of this section or section 103 of the
                                              FORECLOSURES                                          or families experiencing homelessness, or for          McKinney-Vento Homeless Assistance Act
                                            Sec. 101. Emergency rental assistance.                  persons or families at risk of homelessness            (42 U.S.C. 11302). This subsection shall not
                                            Sec. 102. Homeowner Assistance Fund.                    who have incomes not exceeding 80 percent              apply to rent-related costs that are specifi-
                                            Sec. 103. Protecting renters and homeowners             of the median income for the area as deter-            cally authorized under subsection (a) of this
                                                          from evictions and foreclosures.          mined by the Secretary, but such recipient             section.
                                            Sec. 104. Liquidity for mortgage servicers              may establish a higher percentage limit for              (h) ALLOCATION OF ASSISTANCE.—
                                                          and residential rental property           purposes of subsection (b)(1), which shall not           (1) IN GENERAL.—In allocating amounts
                                                          owners.                                   in any case exceed 120 percent of the area             made available pursuant to subsection (a),
                                            Sec. 105. Rural rental assistance.                      median income, if the recipient states that it         the Secretary shall—
                                            Sec. 106. Funding for public housing and ten-           will serve such population in its plan; and              (A)(i) for any purpose authorized in this
                                                          ant-based rental assistance.                (2) in determining the income of a house-            section—
                                            Sec. 107. Supplemental funding for sup-                 hold for homelessness prevention assist-                 (I) allocate 2 percent of such amount for
                                                          portive housing for the elderly,          ance—                                                  Indian tribes and tribally designated housing
                                                          supportive housing for persons              (A) the calculation of income performed at           entities (as such terms are defined in section
                                                          with disabilities, supportive             the time of application for such assistance,           4 of the Native American Housing Assistance
                                                          housing for persons with AIDS,            including arrearages, shall consider only in-          and Self-Determination Act of 1996 (25 U.S.C.
                                                          and project-based section 8               come that the household is currently receiv-           4103)) under the formula established pursu-
                                                          rental assistance.                        ing at such time and any income recently               ant to section 302 of such Act (25 U.S.C. 4152),
                                            Sec. 108. Fair Housing.                                 terminated shall not be included;                      except that 0.3 percent of the amount allo-
                                            Sec. 109. Funding for housing counseling                  (B) any calculation of income performed              cated under this clause shall be allocated for
                                                          services.                                 with respect to households receiving ongoing           the Department of Hawaiian Home Lands;
                                                  TITLE II—PROTECTING PEOPLE                        assistance (such as medium-term rental as-             and
                                                  EXPERIENCING HOMELESSNESS                         sistance) 3 months after initial receipt of as-          (II) allocate 0.3 percent of such amount for
                                            Sec. 201. Homeless assistance funding.                  sistance shall consider only the income that           the Virgin Islands, Guam, American Samoa,
                                            Sec. 202. Emergency        rental    assistance         the household is receiving at the time of              and the Northern Mariana Islands;
                                                          voucher program.                          such review; and                                         (ii) not later than 30 days after the date of
                                                                                                      (C) the calculation of income performed              enactment of this Act, obligate and disburse
                                            TITLE I—PROTECTING RENTERS AND                                                                                 the amounts allocated pursuant to clause (i)
                                                                                                    with respect to households receiving assist-
                                              HOMEOWNERS FROM EVICTIONS AND                                                                                in accordance with such allocations and pro-
                                                                                                    ance for arrearages shall consider only the
                                              FORECLOSURES                                                                                                 vide such recipient with any necessary guid-
                                                                                                    income that the household was receiving at
                                            SEC. 101. EMERGENCY RENTAL ASSISTANCE.                  the time such arrearages were incurred.                ance for use of the funds; and
                                              (a) AUTHORIZATION OF APPROPRIATIONS.—                   (d) 3-YEAR AVAILABILITY.—                              (B)(i) not later than 7 days after the date
                                            There is authorized to be appropriated to the             (1) IN GENERAL.—Each recipient of amounts            of enactment of this Act and after setting
                                            Secretary of Housing and Urban Develop-                 made available pursuant to subsection (a)              aside amounts under subparagraph (A), allo-
                                            ment (referred to in this section as the ‘‘Sec-         shall—                                                 cate 50 percent of any such remaining
                                            retary’’) $100,000,000,000 for an additional              (A) expend not less than 60 percent of such          amounts under the formula specified in sub-
                                            amount for grants under the Emergency So-               grant amounts within 2 years of the date               sections (a), (b), and (e) of section 414 of the
                                            lutions Grants program under subtitle B of              that such funds became available to the re-            McKinney-Vento Homeless Assistance Act




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                                            title IV of the McKinney-Vento Homeless As-             cipient for obligation; and                            (42 U.S.C. 11373) for, and notify, each State,
                                            sistance Act (42 U.S.C. 11371 et seq.), to re-            (B) expend 100 percent of such grant                 metropolitan city, and urban county that is
                                            main available until expended (subject to               amounts within 3 years of such date.                   to receive a direct grant of such amounts;
                                            subsections (d) and (n) of this section), to be           (2) REALLOCATION AFTER 2 YEARS.—The Sec-             and
                                            used for providing short- or medium-term as-            retary may recapture any amounts not ex-                 (ii) not later than 30 days after the date of
                                            sistance with rent and rent-related costs (in-          pended in compliance with paragraph (1)(A)             enactment of this Act, obligate and disburse
                                            cluding tenant-paid utility costs, utility-             and reallocate such amounts to recipients in           the amounts allocated pursuant to clause (i)




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