Rising tensions between the u. S. Eastern. At 2 00 p. M. Forre congress adjourned summer recess, the House OversightCommittee Held a theing on the future of Affordable Care act as certain provisions were being challenged in courts. Witnesses included advocates and a. C. A. Ast of the well as patients who have benefited from the law. Hours. Der four rep. Cummings committee will come to order. Objection, the chair is recesszed to declare a of the committee at any time. Full Committee Hearing is convened regarding the administrations attack on the a. C. A. I now recognize myself for five openingto give an statement. Because on today the trump2019, administration filed a letter with the United States court of appeals for the fifth circuit reversing its own previous position in the texas vs. United states in asserting for the first time would not defend any the Affordable Care act in court. The Trump Administrations the entireevails and a. C. A. Is struck down, there electric catastrophic oflications for millions americans and the entire United StatesHealthcare System. Voting forsaid that the Affordable Care act was the important vote of my career. Why. Et me tell you when Congress Passed the a. C. A. We enshrined into law the promise that all americans the right to accessible, Health Insurance coverage. The a. C. A. Established new protections to end legalized againstnation approximately 130 Million People the United States with conditions. C. A. Authorized states to expand their Medicaid Programs 17 millionmately americans gained coverage as a result. A. C. A. Created Online Market to purchaseonsumers insurance with financial through premium tax credits, cost sharing reduction and today nearly nine million individuals receive Financial Assistance to obtain coverage through the individual market. The a. C. A. Improved the quality of coverage for millions more by a seting the plans cover of essential health benefits, for preventivee services such as immunizations and screen tests and allow young adults to stay on their parents they turn 26. If the Trump Administration is successful, all of these federal will disappear. People with preexisting conditions, like diabetes, cancer, h. Mr. Isasi hiv, asthma, Substance Abuse disorder could be charged more. Babies born with Health Conditions could be uninsurable for their entire life and the Insurance Companies in the groupdual and small markets would not have to cover essential services such as preventive care, hospitalizations, emergency services, Maternity Care and Prescription Drugs. Trumpr, since president took office in january 2017, Neither Administration nor Congressional Republicans have to replace the preventhat would coverage losses or the elimination of consumer protections. House republicans have voted 69 repeal the a. C. A. Their last proposal which failed in 2017 wouldnate have increased the number of uninsureds by 21 Million People. Theres something wrong with that picture. 2016 campaign, President Trump promised would come upt he with a plan to replace the did. But never never did. That hes running for president again, he promises returned. Es have now youll be hearing them shortly if you have not already heard them. In april he promised to release quote, a really great, end plan. After the 2020 election. Unfortunately, nobody has seen it. Ironically, if the Trump Administration is successful in striking down the entire a. C. A. , would directly undermine many policy goals, opioidng tackling the epidemic, lowering prescription ending the hiv epidemic. Hear from the administration about why they suddenly reversed their position litigation. We wanted to know what the plan is forons millions of people if they went court and invalidate the entire a. C. A. Directord the acting of the office of management and russell vote, to testify hetodays hearing but declined. Apparently he did not want to answer these crucial questions that affect so many millions of with something thats very personal, and thats their health. Proteges, said to my the one thing that we must day,s ask ourselves every i think, and that is what is the enemy of my destiny . Of my destiny . My what will stop me from reaching where god meant for me to go . And theres one common denominator that ive noticed that applies to all of us health. Health. And enjoying a life where you truly pursue happiness. So although the trump to answertion refuses these basic and critical fortuneate toare have a panel of legal and policy patient witnesses who can tell us exactly what it if the Trump Administration is successful in eliminating the Affordable Care act. Our committee not to be blinded by what we see. Blinded. The experts are here. Theyll let you know. They are the witnesses, theyre on the front line. They deal with these matters every day. And then there are others who gone through and continue to go through difficult circumstances. Can relate, now that im on a ive learned what it is to be disabled. A tremendous task in my instances just to get dressed. I got it. And i often say to our witnesses have come to share with us their personal stories, thank you. Thank you for taking your pain, into a passion to do your purpose. Pain, passion, purpose. Fromo, theyve traveled across the country, from utah, pennsylvania, new york, to share their stories with us. To tell us what life was like for them and their ones before the a. C. A. Was passed. So i thank you again. With that, i yield now to the very distinguished gentleman from ohio, Ranking Member of our mr. Jordan. Rep jordan thank you, mr. Chairman. We could have a discussion about Real Solutions that will make the lives of better, talkicans about the cost of healthcare, healthCare Coverage, preexisting conditions. Theres no one on this committee who would support denying coverage to americans with preexisting conditions. We could focus on those issues but unfortunately like so many other hearings committee, were not. Rather than working towards bipartisan solutions, this scoretee is looking to political points by attacking anything the Trump Administration does to improve for americane people. Next door in the judiciary we reported out multiple bills that would have had meaningful impact on the Prescription Drugs. Judiciary committee spent months on working on ideas to cut down improve howand affordable jeb generic drugs to market. Those bills were all bipartisan and i was pleased to vote for them. We could be talking about bipartisan substantive issues today. Were going to talk about why the democrats are administration thinks americans deserve Something Better than the failed ideas of obamacare. Obamacare, americans saw premiums skyrocket and healthcare choices reduced. The majority title for todays toring is trumps efforts undermine the a. C. A. A. C. A. . E the think about what we were told when this bill passed, now, nine years ago. Ofall them the nine lies obamacare. If you like your doctor, you can keep your doctor. Remember that one . If you likee one your plan, you can keep your plan. We were told by the president of the United States, premiums were going to go down. Specifics, more premiums will go down on average 1500 dollars. He said deductibles would decline. Five false statements right there. This one. This is in the fall of 2013. They told us the website was going to work. They told us the website was secure. Your information would be secure there. Coopsld us that these were wonderful, endall, beall creations. Created. Guess how many are still in existence . Four. Bankrupt. 19 went and the ninth lie, first they told us its not a tax. Then went to court and said it they said theow individual mandates gone and theres no penalty. Different lies we hear about obamacare and the hearing trumps efforts to undermine how can you undermine something thats failed . Administration has worked to increase competition, transparency and quality of care our healthcare market, increase competition and transparency and quality of care are goals we all should share. I dont know if theres anything the Trump Administration could that would satisfy my colleagues on the other side of the aisle. Timing of this hearing is also particularly troubling. Fifth circuit began oral arguments in a case that could invalidate obamacare due to recent changes to the law. The administration close not to defend obamacare in this appeal. That decision is consistent with similar actions taken by other administrations in the past for other laws but here we are, democrats wanted the director of o b this morning to testify about how the Trump Administration made this decision. Could have had a witness from h. H. S. From have had a witness d. O. J. But, no, they wanted someone from omb. This is about trying to manufacture a controversy based Anonymous Sources and news reports. This hearing is just another on President Trump and its disappointing. We could have had a productive about realtoday healthcare policy. Hopefully we can still do some of that. I hope we can. Our side is going to try to do. We could have had a real discussion about making more competitive, transparent and Cost Effective with better quality of care. Some point this committee will stop relentless political attacks on the administration and focus on makes ag that difference in the lives of our constituents and i thank our witnesses for coming here to tell your story. Country deserves Something Better than the lies we were told. Namee remember the Jonathan Gruber . Remember that name . New york times called aim the architect of the Affordable Care guy who was the caught on tapes a few years later, remember, calling us all stupid, calling americans stupid for buying the lies that the Obama Administration told us they passed this thing, the words of Jonathan Gruber, architect of obamacare but somehow the majority says this is a hearing on efforts to passedne a law that was with so many false statements made about it. Back. Airman, i yield rep. Cummings we look for constructive solutions. I ask that my witnesses stand in a minute. Them first,duce abbe gluck is professor of law, director of the Solomon Center for health, law and policy, Yale University law school. Thank you. Executiveisasi, director of families u. S. A. Balat is director of right initiatives, texas Public Policy foundation. Of our patientne consumers from west valley, welcome. Casey dye is another Patient Consumer from monroeville, pennsylvania. Stephanie burton is another one of our Patient Consumers from city, missouri. Thei will now yield to distinguished gentlelady from of herk to introduce one constituents. Thank you so much, mr. Chairman. Is my honor and pleasure to introduce my good friend and constituent peter morley. Peter is an outstanding patient onecate, the most effective i have ever met in my entire life. Twotime cancer survivor living with lupus. Peter is an extraordinary advocate for the millions of cant come to congress to advocate for themselves but are living with whoseisting conditions, es depend on consist consistent healthCare Coverage guaranteed under the Affordable Care act. I had the him on twitter when he ask what heto me to could do to save healthcare. He depended on it. What can i do. I never dreamed how far he could go. He is a true example of how one a difference. E peter, i said, become an advocate. The city of new york going to forums, press conferences, meetings. It to coming to congress over 21 times including today, testifying before congress. He has held over 150 meetings and members of Congress Senators on both sides of the aisle and he is incredibly effective. Is a voice for many people whatsed to know happening on social media. Following and uses this platform to lift up the hopes for so many struggling with healthcare issues and his goal is to save the affordable act. Thank you for your dedication. Recognizengs i mr. Horry for an introduction. Welcome david balat who is e, recently a in constituent in texas 21 and the Public Policy foundation. Activelya longtime dstled in the Healthcare Industry and administration and health, a great expert on health. Thank you for representing texas 21. Texas rep. Cummings thank you very much. You who stand and state the oath. Do you swear or affirm that the testimony you are about to give is the truth, the whole truth and nothing but the truth, so god . You let the record show that the witnesses answered in in the affirmative. Thank you, you may be seated. I just want to let you know that microphones are very sensitive. Speak directly into them. Make sure theyre on when you speak. Nothing like testimony that we cant hear. And without objection, your be madestatement will part of the official record. Professor gluck, you are now recognized to give an of yoursentation testimony. And i want to remind the have yourthat we all official statements. We want to try to limit this to five minutes. Iknow, i know. Its hard. But we you see all these people here. All of them want to the ask you all questions. So i just want you to give a statement, summarizing, stay andin that five minutes there will be a light that comes on to let you on to let you know you need to end. Gluck. Or ms. Gluck chairman cummings, Ranking Member jordan, members of the committee, good morning. Toppreciate the opportunity testify here today. Is unlike any other major case involving the Affordable Care act. This is the first major where there has been a consensus among legal experts a. C. A. Ng prominent opponents that the Lower Court Decision was dangerously wrong. The stakes are enormous. 20 Million People will Lose Health Coverage immediately. More will be adversely affected. The a. C. A. Reaches every aspect of the Healthcare System, not just those with preexisting conditions. 10 million got healthcare exchange. 17 million through Medicaid Expansion. Billionsn medicare got of benefits and also losing will be anyone who wants vaccine, care, substantive abuse treatment and much more all gone. Appreciate theo overreach of the texas decision that the entire a. C. A. Has to go administrations decision to support it despite opposing legal consensus. Brief inle, i filed a this case with jonathan adler, the most influential critic of a. C. A. During the last Supreme Court case. Twoher brief filed by republican attorneys general. Many other prominent conservatives, filed briefs or wrote to oppose the case because thancase is about more just obamacare. It is about the violation of a legal principle that safeguards congressional law making power. The principle is called severability and unlike the legal issues in other cases, severability is settled, ninelitical law, all justices apply the same test. The doctrine addresses what a court would do if it finds one part of a statute invalid, the entire statute or the offending provision. Involves the 2017 tax law in which congress made one change to a. C. A. And reduced zero the penalty for failing to obtain insurance. Not beingsion is enforced. Whats causing the crisis is theyre also arguing the entire go down with it. That conclusion is at odds with unbroken Supreme Court precedent severability. There are two parts to the test. We save, presume that not destroy. Chief Justice Roberts and kavanaugh wrote that courts must sever to the extent possible. Second, legislative intent. Alito wrote that unless it was evident that congress rest,not have enacted the the remainder of the law remains standing. Is not difficult and that makes it different. Courts do not have to and are permitted to guess whether congress would have wanted the stand because here congress itself not a court eliminated the penalty and left the statute standings. By leaving a. C. A. Intact, as clear ase possible its determination that a. C. A. Should continue. That some matter members of congress wished to appeal the law. It doesnt implement the preferences for those who want overturnould be what they wanted to repeal. Thats what the texas court did. Attorney generals said the law is capable of fun