Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE
MARKUP ON PENDING HEALTH LEGISLATION

July 20, 2005

Mr. Chairman, we will consider several health bills, many of which I am pleased to say come before us through a bipartisan process. There is, however, one bill on the list, H.R. 2355, the “Health Care Choice Act of 2005,” that has not been bipartisan, and has not even been considered under the regular order.

In spite of its name, I do not believe this legislation will provide more choices in health care. Rather, it will likely provide less, particularly for those who suffer from diseases or have disabilities. H.R. 2355 would allow insurance companies to offer health care policies in any State and circumvent that State’s laws and consumer protections that were designed to ensure that individuals with specific coverage and care needs are able to obtain it. In other words, the bill would make it easier for insurance companies to only serve the healthy and avoid covering those who are the sickest. Perhaps a more accurate name for the bill would be the “Insurance Company Choice of Patients Act of 2005.”

H.R. 2355 also creates many opportunities for mischief and fraud by unscrupulous insurance companies. Worse yet, State insurance commissioners are virtually powerless to take action against bad outside companies operating in their State. And the bill would create more confusion and difficulty for consumers in getting their complaints resolved by another State’s regulator. Perhaps another more accurate name for the bill would be the “Insurance Company Choice of Regulators Act of 2005.”

Another bill we will consider today is H.R. 3204, the “State High Risk Pool Funding Extension Act of 2005”. At least this name is accurate. While I support extending funding for high risk pools, I am disappointed that we were unable to reach a resolution with our majority on an issue of great concern to me -- improving the pools for beneficiaries. A number of States simply gave their Federal funds to insurance companies rather than using this money to help improve the high risk pools for those who need them. If this legislation makes it to conference, I will fight to ensure a greater portion of this funding is spent on improving pools for the sick.

We will also be considering H.R. 3205, the “Patient Safety and Quality Improvement Act of 2005,” which is legislation that I have long anticipated and am very pleased to see before the Committee. This bill creates a helpful and non-punitive atmosphere for health care providers to share information with entities specialized in patient safety and quality improvement. Yet, it continues to allow public access to information that is available today. Patient safety organizations will receive information about medical errors, trends within provider organizations such as infections rates, and other quality measures to help providers learn from their past mistakes. I urge my colleagues to support this legislation.

The next bill, H.R. 1132, the “National All Schedules Prescription Electronic Reporting Act of 2005,” is an important piece of legislation that will monitor prescription issuance and dispensing of controlled substances through our health care system in order to minimize the potential for drug abuse.

It requires the Secretary of Health and Human Services to award one-year grants to each approved State to establish or improve a State controlled substance monitoring program. My State of Michigan is one of 20 States that currently has a prescription drug monitoring program and I believe that annual grants to our monitoring program would prove beneficial. This bill further requires the Secretary to develop minimum standards for States to ensure security of information collected and to recommend penalties for the provision or use of information in violation of applicable laws or regulations.

The final item on the notice given to Members is H.Res. 220, which recognizes an organization, America’s Blood Centers, which is responsible for about half of this Nation’s blood supply. As we all know, the past twenty-five years have seen tough challenges for the safety of our blood supply, and the industry has not always measured up. But we do appreciate their efforts to help all Americans.

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(Contact: Jodi Seth, 202-225-3641)