Advocates on opposing sides of the healthcare law also testified patients who benefited from the law speaking on the potential impact of repeal. This hearing is three hours and 50 minutes. Committee will come to order. Without objection the chair is authorized to declare recess of the committee at any time. This full Committee Hearing will convene regarding the administrations attack on the aca and i now recognize myself for 5 minutes to give an opening statement. We are here today because on march 25, 2019 the Trump Administration filed a two sentence letter with the United States court of appeals of the fifth circuit reversing its own previous position in the case of texas versus United States and asserting for the first time that it would not defend any portion of the Affordable Care act. If the Trump Administration position prevails and the entire aca is struck down there will be catastrophic implications for millions of americans and the entire United StatesHealthcare System. I have often said that voting for the Affordable Care act was the most important vote of my career. Let me tell you why. When Congress Passed the aca in 2010 we enshrined into law the promise that all americans have the right to assessable Affordable HealthInsurance Coverage. The aca established new protections to end legalized discrimination against approximately 130 Million People in the United States with pre existing conditions. The aca authorized states to expand their Medicaid Team program and approximately 17 million americans gained coverage as a result. The aca created Online Marketplaces for consumers who purchase insurance and Financial Assistance through tax credits and costsharing reduction payments and today, nearly 9 million individuals receive Financial Assistance to obtain coverage through the individual market. The aca improve the quality of coverage for millions for by requiring to cover a set of essential benefits provide coverage for Preventive Services such as immunizations and screening tests and allow young adults to stay on their parents plan until they turn 26. All of these federal protections will disappear. People with preexisting conditions like diabetes, cancer , hiv, asthma, Substance Use disorder or even pregnancy could be denied healthcare coverage or charge more. Baby is born with Health Conditions could be uninsurable for their entire life. For the small Group Margins but not after coverage Central Services such as preventative care. Since President Trump took office in january 2017 Neither Administration or Congressional Republican have offered a plan to replace the aca that would prevent coverage losses or the elimination of consumer protection. They have voted 69 times to repeal the aca. It failed to pass the senate in 2017 would have increased the number of uninsured by 21 Million People. There is something wrong with that picture. During the 2016 campaign President Trump promised repeatedly that he would come up with a plan to replace the aca and never did. Never did. Now, that he is running for president again he promises have now returned you will be hearing shortly if you have not already. In april he promised to release and i quote a really great plan. After the 2020 election and unfortunately no one has seen it. Ironically the Trump Administration is successful in striking down the entire aca it went directly undermined many of their own policy goals including tackling the Opioid Epidemic, lowering Prescription Drug prices and ending the hiv epidemic. Who wanted to hear from it about why we suddenly reduced the position in litigation, we wanted to know what the administrations plan is for millions of people if they went in for it and invalidated the entire aca. We invited the acting director of the office of management and budget and he declined. Apparently, he did not want to answer these crucial questions that affect so many millions of americans with something that is very personal. I have often said to my protigi the one thing that we must always do every day, i think and that is what is the enemy of my destiny. What is the enemy of my destiny . What will stop me from reaching where god meant for me to go and there is one common denominator that i have noticed that applies to all of us. Health, and enjoying a life where you can truly pursue happiness. Although the Trump Administration refuses to we will have a panel of policy experts or patient witnesses who can tell us exactly what it will mean if the Trump Administration is successful in eliminating the Affordable Care act and i asked the entire committee not to be blinded by what we see. Dont be blinded. The experts will let you know they are on the front line and they deal with these matters every day. There are others who have gone through and continue to go through difficult circumstances. I can relate. Now that i am on a walker and i have learned what it is to be disabled and it is a tremendous task in most instances just to get dressed. I got it. I often say to our witnesses who have come to share with us your personal stories, thank you , thank you. Thank you for taking your pain and turning it into a passion to do your purpose. From utah or missouri to share their stories with us. Have yet to tell us what life was like for them and their loved ones. I yield to the gentleman from ohio thank you for making the trip here and being willing to share your storypreexisting conditions, there is no one on this committee who would support denying coverage to americans with preexisting conditions. I was hoping we could focus on those issues. Like so many other hearings on this committee we are not. Rather than working toward bipartisan they are looking to score political points by attacking anything the Trump Administration does to improve healthcare for American People. Nextdoor on the Judiciary Committee we reported multiple bills that would have meaningful bills i would have impact on prescription bills and working to make improvement to affordable generic drugs come to market and those were all bipartisan and many pass the Judiciary Committee unanimously. We could be talking about bipartisan substance issues and instead we will talk about why the democrats are upset that the administration thinks the americans deserve Something Better in the failed ideas of obama. Under obamacare the premiums skyrocketed and their healthcare choices reduce. The majority of title is trumps efforts to undermine the aca. Undermined the aca . Think about what we were told when this past now nine years ago. I called the nine lives of obamacare. For this one if you like your doctor you can keep your doctor. Remember that one . How about if you like your plan you can keep your plan. We were told by the president of the United States premiums were going to go down. He got more specific they would go on average 1500. He said deductibles would decline, five false statements right there. Remember this one acts this was in the fall of 2013. They told us the website was going to work. They told us the website was secure and they told us that these coops were wonderful, endall beall creation. 23 were created guess how many are still in existence . Or. The other went bankrupt. They told us it is not a tax because you cantthere is no penalty. How can you undermine something that has already failed . I dont expect my democrat colleagues to acknowledge it but they have worked to increase competition and all the of care and increase competition, transparency and quality of care are all goals we should all share. I dont know if there is anything the Trump Administration can do that would satisfy my colleagues on the other side of the aisle. Time is troubling, just yesterday the fifth circuit began oral arguments in a case to invalidate obamacare due to recent changes to the law. The administration chose not to defend it in this appeal, that decision is consistent with similar actions taken by other administrations in the past for other laws. Here we are. Democrats want to have the director to testify about how the Trump Administration made this decision. Could have had a witness from hal for witness from doj, no, they wanted someone from wednesday. This is about trying to manufacture a controversy based on Anonymous Sources and news reports this is just another attack on President Trump and it is disappointing. We could have had a productive discussion today about real healthcare policy and technically we can still do some of that. We couldve had a real discussion about how to make it more competitive and transparent and with better quality of care. I hope at some points this committee will stop it was attacks on the administration and focus on something that makes a real difference in the lives of our constituents. Want to think you for coming here and tell your story. I think the country deserve Something Better than the lies we were told. Anyone remember the name Jonathan Gruber . Remember that name New York Times called him the architect, the architect of the Affordable Care act and he is the guy that was caught on tape a few years later calling us all stupid and americans stupid for buying the lies that the americans bought that obama told us. That was the architect of obamacare and somehow the majority says this is a hearing on efforts to undermine a law that was passed was so many false statements made about it. I yield back. Thank you very much. Let me be clear to the witnesses, we want constructive solutions, believe me and life is short i sure dont waste my time and peoples time. I would ask that our witnesses in a minute stand in a minute. Let me introduce them. Professor of law director of the Solomon Center for health law and policy you University Law school, executive director of families usa, david director of rights on Healthcare Initiative texas Public Policy foundation, paul gives is one of our consumers from west valley, welcome. Another Patient Consumer from monroeville, pennsylvania, Stephanie Burton is another one of our asian consumers from kansas city, missouri and i will now yield to the distinguished gentle lady from new york to introduce one of her constituents. Thank you so much, it is my honor and pleasure to introduce my good friend and constituent peter morley. He is an outstanding patient advocate the most effective one i have ever met in my entire life. He is a twotime cancer survivor living with lupus, peter is an extraordinary advocate for the millions of americans who cant come to congress to advocate for themselves that are living with preexisting conditions whose lives depend on consistent and sufficient healthcare coverage that is guaranteed to them under the Affordable Care act. I first met peter two years ago on twitter when he reached out to me to ask what he can do to save healthcare. He depended on it, many of his friends depend on it, what can i do, i never dreamed how far he could go, he is a true example of how one person can make a difference. Peter, i said become an advocate and he started in new york going to press conferences, meetings and expanded it to coming to congress over 21 times including today, testified before congress, he has held over 100 50 meetings with members of congress and senators on both sides of the aisle and he is incredibly effective. He is a voice for the many people that need to know what is happening on social media, he has a huge following and he uses this platform to lift up the struggles, hopes and dreams of so many people who are struggling with healthcare issues and his goal is to save the Affordable Care act. Thank you for your dedication. I want to recognize an introduction. I want to welcome david who is here, he has recently a constituent in texas 21, he works for the policy foundation which is also in the 21st Congressional District in austin. Is a long time actively involved in the Healthcare Industry and administration and other areas of health and glad to have you here think you for representing the great state of texas. Thank you very much. Those of you that can stand please do. Do you swear or affirm that the testimony youre about to give his truth, the whole truth and nothing but the truth . Let the record show that the witness answered in the affirmative, think, you may be seated. I just want to let you know that the microphones are very sensitive, speak directly into them and make sure they are on when you speak your written statement will be made part of the official record. You are now recognized to give an oral presentation of your testimony and i want to remind witnesses that we have your official statements. We want to limit this to five minutes. I know. It is hard. You see all these people, all of them want to ask you questions so i want you to give us a statement summarizing stay within that five minutes good morning. I appreciate the opportunity to set testify here today. Texas versus and are is unlike any other major case involving the Affordable Care act. This is the first major challenge where there has been a consistent about legal experts including opponents at the Lower Court Decision was dangerously wrong. The stakes are enormous. 20 Million People will lose their healthcare and millions more will be adversely affected. It reaches every aspect of the Healthcare System not just pre existing conditions. 10 million got healthcare, 17 through the Medicaid Expansion, seniors got billions of dollars in benefits also losing what anybody that wants a vaccine, Substance Abuse treatment all gone. It is critical to appreciate the overreach of the decision against the act and the Administration Decision to support it despite opposing legal consensus, for example, i filed a grief with the most influential critic of the act another brief was filed by two republicans attorney general. Many other prominent conservatives includingfiled a brief post the case. That is because this case is about more than just obamacare. And is about a violation of a centuriesold legal principle that safeguards congressional lawmaking power. Unlike the legal questions severability is nonpolitical law. All nine justices apply the same test. The doctrine addresses what a court would do if it finds one part of a statute is valid does it strikeout the entire statute or just the offending provision. The texas case involves a 2017 tax law in which congress made one change it reduced to zero the penalty for failing to obtain insurance. The plaintiffs argues that is unconstitutional, but that is not what is causing the crisis. That provision is not enforced, what causes the crisis is a include at the entire aca has to go down with it. There are two parts, first, we presume we save not destroyed, both justices recently wrote that they must sever to the narrowest possible and legislative attempt. Justice wrote unless it is evident that congress would not have enacted the remainder of the law remain standing. Sometimes a test can be difficult. It is hard to know what congress wouldve wanted, but this case is not difficult and that is what makes it different. The court does not have to and not permitted to guess whether congress wouldve wanted the act to standeliminated the penalty and left the statute standing and leaving it intact congress made it as clear as possible in the text the discrimination that the continuation. It doesnt matter to implement to be for the court to accomplish what congress could not over two years of trying to repeal. That is what the texas court did. The excerpt congress 2017 amendment establishes a law capable of the mandate and congress preferred a lot to know law at all. To get the results the court had to ignore the intention of the 2017 congress and focus on the 2010 congress, the 2010 congress i must emphasize is irrelevant. Later they are allowed to amend statute passed by earlier and courts are not allowed to give one congress more power than the next. The legitimacy of the 2017 judgmentit is not under t