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Mr. CORNYN. Mr. President, until ObamaCare was passed in 2010, virtually every major piece of legislation involving domestic reforms in this country has passed with solid bipartisan support, from Social Security to welfare reform. From Medicare to tax reform, from civil rights to No Child Left Behind, Presidents as different across the ideological spectrum as Franklin Roosevelt, Lyndon Johnson, George W. Bush, Ronald Reagan, and Bill Clinton all understood there is more to making sure that legislation succeeds than just jamming it through on a partisan-line vote. Indeed, after the bill passes and it needs to be implemented, aren't you going to need that same kind of bipartisan support to see that the legislation is actually implemented and actually works for the benefit of the American people?
By contrast, during the health care debate in 2009 and 2010, President Obama did not seek any kind of genuine compromise with Republicans. Instead, he chose to ram it through on a controversial party-line vote which has generated nothing but division and bitterness since this legislation was first passed.
Four and a half years later, ObamaCare is more unpopular than ever. One recent poll showed that 68 percent of American voters, including a majority of Democrats, are concerned about how the law will affect their health care coverage. Medicare recipients are worried about losing access to their current doctors. Middle-class families are worried about losing their existing insurance coverage. Young people are worried about seeing their premiums skyrocket. People on Medicaid are worried that America's health care safety net is going to become even less effective at protecting the neediest and most vulnerable members of our society.
Day after day, not a day passes that we don't read stories about doctors who are dropping patients because of ObamaCare or employers who are ending the existing health care coverage their employees have because of ObamaCare or businesses that are slashing full-time work into part-time work because of ObamaCare. States are projecting a spike in the insurance premiums their people will pay, because of ObamaCare, in the individual market.
Even the New York Times is now acknowledging that because of ObamaCare ``many insurers are significantly limiting the choice of doctors and hospitals available to consumers.'' Rather than expanded access to coverage, consumers are finding their choices are even more limited under ObamaCare.
The President's own Department of Health and Human Services has estimated that America already has a massive shortage of primary care doctors. Indeed, just to meet current needs, we will have to add more than 15,000. As a senior official at the American Academy of Family Physicians recently told Bloomberg News, ``The shortfall of primary-care access is not an insignificant problem, and it is going to get worse.''
That is bad news for all Americans, and it is especially bad news for Medicaid beneficiaries who already have a hard time finding providers who will accept their insurance. In my home State, 62 percent of primary care physicians aren't in a position to take any new Medicaid patients. This is because Medicaid pays them at a fraction of what private health insurance or even Medicare pays. So many doctors simply can't afford to see new Medicaid patients. Here you have the irony, the terrible irony, of a promise of coverage but no real access to a doctor.
Most physicians in Texas believe Medicaid is broken and should not be used as a mechanism to expand coverage but, rather, as a last-resort safety net program. Unfortunately, by dumping millions of additional Americans into Medicaid without fixing it, ObamaCare will make our health care safety net even more fragile and even weaker.
Meanwhile, the President's health care law continues to discourage job creation and hamper our economic recovery. If there is one thing we need more than anything else in this country, it is a stronger economy, because greater economic growth means more jobs and more opportunity. Then the people who have simply given up looking for work because the economy is growing too slowly will begin to find work again.
As of last week more than 300 different employers had, according to Investor's Business Daily, ``cut work hours or jobs, or otherwise shifted away from full-time to part-time staff because of ObamaCare.''
The administration seems to realize this.
Particularly, the employer mandate is discouraging job creation and prompting many businesses to turn full-time jobs into part-time jobs. It is just common sense. ObamaCare gives businesses a powerful financial incentive to not hire more than 49 workers. What else did we think would happen? If you hire more than 49 workers, you have to pay a penalty, but if you are underneath that cap you don't.
In early July the administration unilaterally delayed enforcement of the employer mandate, recognizing this phenomenon of full-time work shifting to part-time work.
On the very same day it also announced it would not be verifying taxpayer eligibility for ObamaCare premium subsidies until 2015, even though the subsidies will begin flowing in 2014. What this means is people will qualify for taxpayer subsidies for their health care even though the Federal Government will not be verifying that information for a year. What do we expect to happen? I think one reasonable prediction is there will be massive fraud in the program.
Of course, we know the President again tried to go it alone and do this unilaterally without congressional action and, of course, without constitutional authority. If there is one question my constituents ask me back in Texas, it is how can the President keep ignoring the law? How can he keep issuing waivers or delaying the implementation of laws Congress has passed? My only answer to them is Congress could pass the laws, but the Constitution gives the President the authority--the sole authority in the executive branch--the sole authority to enforce them.
When the Attorney General and the executive branch refuse to enforce the laws, their only remedy is at the ballot box and possibly lawsuits filed by outside groups that may take many years to be resolved. It is enormously frustrating to them, and they worry that our whole constitutional framework is being undermined by the administration and this White House selectively deciding which laws it is going to enforce and which it is not.
The President is basically saying ObamaCare means whatever I want it to be. He is showing contempt for the rule of law, contempt for the separation of powers, and our constitutional framework.
Look at the IRS. America's tax collection agency is in shambles due to the scandals that we all know way too much about. Unfortunately, this same organization is going to be the one that actually helps to implement ObamaCare. It will issue tax subsidies through the Federal exchanges, even though the law makes clear that only State exchanges qualify for these subsidies.
Americans are concerned also about how ObamaCare will affect their privacy rights. After all, the health care exchanges are scheduled to open exactly 1 week from today, but there hasn't been adequate time to even test the data security system.
Meanwhile, according to the Wall Street Journal, the government's software can't reliably determine how much people need to pay for coverage--not quite ready for prime time.
Finally, there is the issue of fraud. I mentioned that a moment ago. The ObamaCare subsidies start next year, but the government won't actually be verifying it until 2015. In other words, the President is effectively inviting people to game the system without fear of consequences.
Mr. President, the only way to effectively stop ObamaCare is to dismantle it entirely. That is why I strongly support the House bill that would defund ObamaCare and save the American people from this public policy train wreck. My colleagues stand ready to work with the President on smart patient-centered health care reforms that will actually reduce costs and improve access, but we refuse to help him salvage a law that has proven to be so unaffordable, unworkable, and so completely at odds with what the American people were told the law would do when this bill was passed.
Mr. President, I yield the floor.
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