Clause in the Health Care Bill That Prevents any Changes-Opinion!

Clause in the Health Care Bill That Prevents any Changes-Opinion!

Summary of eRumor:

This is a forwarded email that warns of a clause in the Health Care bill that was inserted by Senator Harry Reid of Nevada to prevent any changes or repeal.  It warns that on page 1,000 of the measure, Section 3403 that it reads: “it shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment or conference report that would repeal or otherwise change this subsection.”

The email goes on to warn that if President Barack Obama signs this measure into law, no future Senate or House will be able to change a single word of Section 3403, regardless whether future Americans or their representatives in Congress wish otherwise!!

The Truth:
This is an opinion that was posted on the Washington Examiner on December 23, 2009.  Click for article

On December 24, 2009 the Senate passed the “Patient Protection and Affordable Care Act” by a yea-nay vote of 60-39.  The House version of the 2409 page bill is HR-3590.  On the afternoon of March 18, 2010 Congress announced that the House posted an additional package, HR-4872 – Reconciliation Act of 2010, that contains 153 pages of fixes to the Healthcare bill.   Congress is expected to meet Sunday March 21, 2010, 72 hours after the bill was posted for a vote.

The current Patient Protection and Affordable Care Act HR-3590 and the Reconciliation Act of 2010HR-4872 can be viewed on the Thomas Library site:

  Click for HR-3590  Click for HR-4872

“It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection.”

This clause appears  three times in the text of the bill and can be found on pages 1001 and 1002 on current Patient Protection and Affordable Care Act or HR-3590 that is was posted by he House.  Section 3403 relates to PART III—IMPROVING PAYMENT ACCURACY, Subtitle E—Ensuring Medicare Sustainability, Section 3403 Independent Medicare Advisory Board:

(3) LIMITATION ON CHANGES TO THE BOARD RECOMMENDATIONS.—
(A) IN GENERAL.—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, or amendment, pursuant to this subsection or conference report thereon, that fails to satisfy the requirements of subparagraphs (A)(i) and (C) of subsection (c)(2).

(B) LIMITATION ON CHANGES TO THE BOARD RECOMMENDATIONS IN OTHER LEGISLATION.—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report (other than pursuant to this section) that would repeal or otherwise change the recommendations of the Board if that change would fail to satisfy the requirements of subparagraphs (A) (i) and (C) of subsection (c)(2).

(C) LIMITATION ON CHANGES TO THIS SUBSECTION.—It shall not be in order in the Senate or the House of Representatives to consider any bill, resolution, amendment, or conference report that would repeal or otherwise change this subsection.

Immediately following that appears conditions for waivers and appeals:


(D) WAIVER.—This paragraph may be waived or suspended in the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.


(E) APPEALS.—An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of theChair on a point of order raised under this paragraph.

:

Pages 1001 and 1002 of HR-3590

Several eRumors have circulated regarding Health Care Reformation and TruthOrFiction.com has finding posted: Click for findings

TruthOrFiction.com has several calls into Senator Reid’s office requesting an explanation of these clauses.
updated 03/19/10