H.R. 3962 - Pelosi Government-Run Healthcare Bill and H.R. 3961 - Medicare Physician Payment Reform Act of 2009 

Legislative Day of November 6, 2009 

H.R. 3962 – Pelosi Government-Run Health Care Bill and

H.R. 3961 – Medicare Physician Payment Reform Act of 2009 

STRUCTURED RULE THAT REWRITES THE BILL, REWRITES THE REWRITING OF THE BILL, MAKES IN ORDER ONLY 2 AMENDMENTS OUT OF 216 SUBMITTED, DENIES MEMBERS THE OPPORTUNITY TO REVIEW FOR 72 HOURS LAST MINUTE CHANGES TO THE BILL AND PROVIDES ONLY 4 HOURS OF DEBATE ON A BILL THAT COSTS OVER A TRILLION DOLLARS AND A CLOSED RULE FOR CONSIDERATION OF H.R. 3961 THAT ADDS THE TEXT OF H.R. 2920 (STATUATORY PAY-AS-YOU-GO ACT OF 2009) TO THE END OF THE BILL AFTER H.R. 3961 PASSES THE HOUSE 

Managers: Slaughter/ Sessions 

Motion offered by:	Summary of Motion	Vote Tally
Dreier	To postpone a vote on final passage of H.R. 3962 until 72 hours after the rule has been filed, so that Members have an opportunity to review last minute changes to the bill and Manager’s amendment.	Defeated 4 to 6*
Dreier	To double the amount of debate time to 8 hours.	Defeated 4 to 6*
Dreier	To make in order all amendments submitted to the Rules Committee for consideration of H.R. 3962.	Defeated 4 to 6*
Dreier	To make in order and provide the necessary waivers for amendment #67 offered by Rep. Barton (R-TX), which would add a group of amendments that were accepted at the Committee on Energy and Commerce’s full Committee markup, but were stripped from H.R. 3962 and were not included in the Dingell Manager’s amendment to H.R. 3962.	Defeated 4 to 6*
Diaz-Balart	To make in order and provide the necessary waivers for amendment #144 offered by Rep. Rogers (R-MI), which would strike all the Medicare cuts contained in H.R. 3962.	Defeated 4 to 6*
Diaz-Balart	To make in order and provide the necessary waivers for amendment #142 offered by Rep. Barrett (R-SC), which would strike the section in the bill that eliminates the nontaxable reimbursements of over-the-counter medication from health savings accounts-HSAs, HRAs, and FSAs. Basically this bill weakens HSAs.	Defeated 4 to 6*
Diaz-Balart	To make in order and provide the necessary waivers for amendment #91 offered by Rep. Brady (R-TX), which would block the implementation of sections of H.R. 3962, including reductions to the Medicare program, in any geographic area unless the Secretary of HHS certifies that implementation will not result in: rationing of health care services; reduced health care services for seniors; longer patient wait times; or reduced availability of health care providers participating in the Medicare program.	Defeated 4 to 6*
Diaz-Balart	To make in order and provide the necessary waivers for amendment #116 offered by Rep. Reichert (R-WA), which would create a hardship exemption from the employer mandate if its compliance would result in the employer laying off employees, reducing employee wages, or prevent the hiring of new employees. The amendment requires the Treasury Department to establish documentation to verify such hardship.	Defeated 4 to 6*
Sessions	To make in order and provide the necessary waivers for amendment #1 offered by Reps. Fleming (R-LA), Wilson (R-SC), Gingrey (R-GA), Herger (R-CA), and (R-LA), which would automatically enroll all Members of Congress and all Senators in the public option.	Defeated 4 to 6*
Sessions	To make in order and provide the necessary waivers for amendment #34 offered by Rep. Hastings (R-WA), which would strike Section 1156 of the bill, which prohibits the expansion of physician-owned hospitals.	Defeated 4 to 6*
Sessions	To make in order and provide the necessary waivers for amendment #115 offered by Rep. Price (R-GA), which would strike Sec. 2401 and insert language establishing best practice guidelines.  It places limitations on noneconomic damages and punitive damages in a health care lawsuit in cases in which treatments are based on these practices.	Defeated 4 to 6*
Sessions	To make in order and provide the necessary waivers for amendment #190 offered by Rep. Sessions (R-TX), which would not allow any of the provisions of this bill to be implemented if the OMB, in consultation with the Department of Labor find that 4 million jobs will be lost as a result of this bill.	Defeated 4 to 6*
Sessions	To make in order and provide the appropriate waivers for an amendment that would prohibit criminal penalties that provide a $25,000 fine and up to a year in prison to a $250,000 fine and up to 5 years in prison for not complying with the individual mandate if offered by Rep. Sessions (R-TX) or a designee.	Defeated 4 to 6*
Foxx	To make in order and provide the necessary waivers for amendment #203 offered by Rep. Foxx (R-NC), which would direct the Secretary of Health and Human Services to extend for two years the reclassification in effect during fiscal year 2009 for hospitals whose Medicare Geographic Classification Review Board reclassification changed from fiscal year 2009 to fiscal year 2010 or ended as of September 30, 2009. The affected hospitals would have 20 days from enactment and publication of this provision to notify the Secretary of their decision to extend their fiscal 2009 reclassification. This is a temporary extension; any Medicare Geographic Classification Review Board reclassification that these hospitals have or will obtain for fiscal years beyond the two year extension will remain valid.	Defeated 4 to 6*
Foxx	Madam Chair, I have an amendment to the rule. I move that the committee make in order, and provide the necessary waivers, for the following amendments to be considered and separately debated for 10 minutes:    Amendment #56 offered by Reps. Deal (R-GA), Heller (R-NV), Wilson (R-SC), and Sam Johnson (R-TX), which would limit participation in the taxpayer funded exchange to U.S. citizens and members of one of the nine groups of qualified aliens that are eligible for Medicaid.  To enforce this requirement, the Commissioner must verify that all applicants who purchase an Exchange-participating plan are qualified based on citizenship or qualified alien status, and it requires the Commissioner to verify the identity of all applicants using the same process used in Medicaid.  Amendment #60 offered by Reps. Deal (R-GA), Heller (R-NV), Wilson (R-SC), and Sam Johnson (R-TX), which would require the Health Choices Commissioner to verify that all applicants for Affordability Credits are U.S. citizens (or members of one of the nine groups of qualified aliens that are eligible for Medicaid) and requires the Commissioner to verify the applicant’s identity using the same identity verification process the DRA required for Medicaid applicants.  An amendment #130, offered by Rep. King (R-IA), which would require that beneficiaries of the insurance exchange provide proof of their citizenship.	Defeated 4 to 6*
Foxx	To make in order and provide the necessary waivers for amendment #114 offered by Rep. Price (R-GA), which would add language protecting the private right to contract between individuals and health care providers.	Defeated 4 to 6*
Foxx	To make in order and provide the necessary waivers for amendment #35 offered by Reps. Paulsen (R-MN), Gerlach (R-PA), and Lance (R-NJ), which would remove the medical innovation tax and replaces it with unobligated stimulus funds.	Defeated 4 to 6*
Hastings	To report the structured rule that rewrites the bill, rewrites the rewriting of the bill, makes in order only 2 amendments out of 216 submitted, denies Members the opportunity to review for 72 hours last minute changes to the bill and provides only 4 hours of debate on a bill that costs over a trillion dollars, and the closed rule for consideration of H.R. 3961 that adds the text of H.R. 2920 (Statutory Pay-As-You-Go Act of 2009) to the end of the bill after H.R. 3961 passes the House.	Agreed to 6 to 4*

 *Absent: Slaughter, Matsui, Pingree 

For further information, please visit

HTTP://RULES-REPUBLICANS.HOUSE.GOV

 

---