Service Members Home Ownership Tax Act Of 2009

Floor Speech

Date: Dec. 24, 2009
Location: Washington, DC

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Mr. ENSIGN. Mr. President, I really hoped that this day would not come. I am not the only one. The American public is not behind the bill that we voted on. For good reason. I fear that when this effort is written about in history books, it will represent a time when our Nation took a turn for the worse--when we were presented with two paths, but the wrong path was chosen.

There is a term that originated with television critics called ``jumping the shark.'' It refers to a plot or character twist that pretty much throws off the balance of the show. The show is never the same and usually heads downhill after that. I believe that this health care bill will be seen as the moment the Democrats jumped the shark for our country.

There have been many pieces of bad legislation leading up to this--obscene amounts of taxpayer money being used to grow the government like never before. But this bill, this health care reform bill, may be the pinnacle vote when the Democratic agenda did itself in.

I don't deny that the motives of my colleagues on the other side of the aisle are genuine. We all want to improve access to health insurance for Americans, but this is not the way to do it. And the American public sees that. They see it, and they are frustrated that the majority in Congress is ignoring their pleas.

Over the past several months, I have talked to tens of thousands of Nevadans about this bill. Nevadans have told me loud and clear that this is not the cure for our broken health care system.

I have heard from small business owners, like Boyd Betteridge, in Winnemucca, NV. Boyd and his wife have worked hard to build a small business over the past 15 years. They employ about 25 employees and fear that if this bill passes, they will have no choice but to fire employees or even close shop.

Boyd says that government regulation makes it harder for him to survive. He is frustrated and upset that politicians in Washington, DC, don't feel the pain of the small business owners working hard to make ends meet and to create jobs. Boyd serves his community--he sits on the school board, he is part of the engine of our economy, and he is in real pain. This health care bill doesn't help Boyd Betteridge.

And it doesn't help Dan Grigsby. He is the controller at Renner Equipment Company in Yerington, NV. Dan works for a company that employs about 25 to 30 people. The owners have committed over the years to provide health insurance to their employees. Because costs have increased, they have taken advantage of health savings accounts as a way of providing for their employees in a more cost-effective way. Health savings accounts have been very well received at Renner Equipment in Yerington and at similar businesses around the country. They help patients become consumers in the health care marketplace. That is an important step in reducing health care costs.

Unfortunately, it appears that the minimum benefit standards in the bill before us today could take away the ability of Americans like Dan Grisby to keep an HSA. Prohibiting the use of HSA funds to purchase over-the-counter medications will further limit the options that employers have to provide meaningful health care to their employees.

And it sure doesn't help the more than 100,000 Nevada seniors who choose a Medicare Advantage plan. Their extra benefits will be reduced by more than half. While we are at it, this bill doesn't help the typical Nevada family who purchases health insurance in the individual market. Their premiums will go up 10 to 13 percent.

This bill doesn't help middle-income union workers in Nevada either. Our hard-working hotel maids, casino restaurant workers, airline workers, teachers, and police officers will share the burden of the $200 billion tax on health insurance holders. This bill doesn't help the hospice community--they face about a $7.7 billion cut in payments.

Many of the hospices in Nevada--including the one where my grandmother received care--may not be able to survive these reimbursement cuts.

In another hit for an integral part of our health care system, the home health community will see cuts of approximately $40 billion in this bill. For Nevada home health providers, that means about $264 million in cuts over 10 years, according to some estimates. This bill surely doesn't help them.

So, let's see. So far, this bill doesn't help small business owners, Americans with health savings accounts, families purchasing health insurance, union workers, seniors, hospices, or home health. If you aren't in one of these groups, don't breathe a sigh of relief just yet.

Fifteen million American workers will pay for new taxes and ``penalties'' with reduced wages and lost jobs. And then there are taxes on prescription drugs, clinical lab work, and medical devices--all passed on to consumers. An over 2,700-page bill full of new taxes on Americans, funding cuts for programs they rely on, and raised premiums. That is why the Nevadans are not behind this bill, and that is why the American public is not behind this bill.

Beyond the financial impact of this bill, Democrats set a dangerous precedent by requiring every American citizen to purchase health insurance coverage. Americans who fail to buy health insurance that meets the minimum requirements would be subject to financial penalties. Is it really constitutional for this body to tell all Americans that they must buy health insurance coverage? And, if so what is next? What personal liberty or property will the Congress seek to take away from Americans next? Will we consider legislation in the future requiring every American to buy a car? Will we consider legislation in the future requiring every American to buy a house? Where do we draw the line or will we even draw one at all?

I don't think Congress has ever required Americans to buy a product or service like health insurance under penalty of law. I doubt that Congress has that power in the first place. As the CBO explained in the 1990s, ``A mandate requiring all individuals to purchase health insurance would be an unprecedented form of federal action. The government has never required people to buy any good or service as a condition of lawful residence in the United States.''

There is no doubt that we need to change health care in this Nation. Americans don't want billions in new taxes, they don't want to lose their current insurance coverage or the choice to decide their coverage, and they don't want a bureaucrat coming between them and their doctor.

This vote isn't about voting for this bill or doing nothing. We can go back to the drawing board, take the best ideas from each side, and put together health reform that will take us into the future.

Republicans have come up with many ideas on ways to fix our Nation's broken health care system. The answer is not with unbearable taxes, unsustainable growth of the government, or paying for a brand new entitlement program. Those aren't the qualities of comprehensive health care reform. They are the qualities of terrible policy that will lead to devastating results for Americans and our health care system. There is a better way. It will take time, but if we can change the way that Americans think about health care, than we can create a better system.

Imagine a system where Americans get to keep their choices in health care and where they are allowed to buy insurance across State lines. Imagine a system where there is transparency--where you know how much a doctor's visit will cost and how much your surgery will be--where you can shop around for the best value for your money. Imagine a system that rewards individuals for engaging in healthy behaviors. Imagine a system where you are not punished for having a preexisting condition. Imagine a system that allows small businesses to pool their purchasing power to provide health insurance to their employees through Small business health plans. Imagine a system where doctors can practice medicine to heal patients instead of practicing medicine with the goal of not being sued. And imagine a patient-centered health care system, not an insurance-centered or government-centered health care system. These are all standards that we should work toward. We shouldn't assume that this bill before us is our last, best option for health care reform. We can't afford to settle for this bill.

The Democrats see how close they are with this bill, and they want a victory so badly. They are working every possible angle to get the 60 votes they need. They have literally given sweetheart deals to a few just to get their votes. They think this is the political victory that is going to help them win over the American people. Ant they are borrowing trillions of dollars from our children and grandchildren to get the job done--and that is just with this health care bill.

We simply cannot survive the Democratic agenda of taxing and spending away our future. We can't survive it, and we can't afford it.

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