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Mark Foley on Health Care
Former Republican Representative (FL-16, 1995-2006)
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Voted YES on denying non-emergency treatment for lack of Medicare co-pay.
Vote to pass a resolution, agreeing to S. AMDT. 2691 that removes the following provisions from S 1932: - Allows hospitals to refuse treatment to Medicaid patients when they are unable to pay their co-pay if the hospital deems the situation to be a non-emergency
- Excludes payment to grandparents for foster care
Reference: Reconciliation resolution on the FY06 budget;
Bill H Res 653 on S. AMDT. 2691
; vote number 2006-004
on Feb 1, 2006
Voted YES on limiting medical malpractice lawsuits to $250,000 damages.
Vote to pass a bill that would limit the awards that plaintiffs and their attorneys could be given in medical malpractice cases. The bill would limit non-economic damages, including physical and emotional pain to $250,000. The bill would also limit punitive damages to $250,000 or double economic damages, whichever amount is greater. Punitive damages would be banned against makers and distributors of medical products if the Food and Drug Administration approved those products. The bill would call for all states to set damage caps but would not block existing state statutory limits. The bill would cap attorneys' contingency fees to 40% of the first $50,000 in damages; 33.3% of the next $50,000; 25% of the next $500,000; and 15% of any amount in excess of $600,000.
Reference: Medical Malpractice Liability Limitation bill;
Bill HR 4280
; vote number 2004-166
on May 12, 2004
Voted YES on limited prescription drug benefit for Medicare recipients.
Medicare Prescription Drug and Modernization Act of 2003: Vote to adopt the conference report on the bill that would create a prescription drug benefit for Medicare recipients. Starting in 2006, prescription coverage would be made available through private insurers to seniors. Seniors would pay a monthly premium of an estimated $35 in 2006. Individuals enrolled in the plan would cover the first $250 of annual drug costs themselves, and 25 percent of all drug costs up to $2,250. The government would offer a fallback prescription drug plan in regions were no private plans had made a bid.Over a 10 year time period medicare payments to managed care plans would increase by $14.2 billion. A pilot project would begin in 2010 in which Medicare would compete with private insurers to provide coverage for doctors and hospitals costs in six metropolitan areas for six years. The importation of drugs from Canada would be approved only if HHS determines there is no safety risks and that consumers would be saving money.
Reference: Bill sponsored by Hastert, R-IL;
Bill HR.1
; vote number 2003-669
on Nov 22, 2003
Voted NO on allowing reimportation of prescription drugs.
Pharmaceutical Market Access Act of 2003: Vote to pass a bill that would call for the Food and Drug Administration to begin a program that would permit the importation of FDA-approved prescription drugs from Australia, Canada, the European Union, Iceland, Israel, Japan, Lichtenstein, New Zealand, Norway, Switzerland and South Africa.
Reference: Bill sponsored by Gutknecht, R-MN;
Bill HR.2427
; vote number 2003-445
on Jul 24, 2003
Voted YES on small business associations for buying health insurance.
Vote to pass a bill that would permit the creation of association health plans through which small companies could group together to buy insurance for their employees. Association health plans that cover employees in several states would be excused from many individual state insurance regulations but would be regulated by the Labor Department.
Reference: Small Business Health Fairness Act;
Bill HR 660
; vote number 2003-296
on Jun 19, 2003
Voted YES on capping damages & setting time limits in medical lawsuits.
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2003: To improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system. Limits the availability of punitive damages, and sets a 3-year limit for suing.
Reference: Bill sponsored by Greenwood, R-PA;
Bill HR 5
; vote number 2003-64
on Mar 13, 2003
Voted YES on allowing suing HMOs, but under federal rules & limited award.
Vote to adopt an amendment that would limit liability and damage awards when a patient is harmed by a denial of health care. It would allow a patient to sue a health maintenance organization in state court but federal, not state, law would govern.
Bill HR 2563
; vote number 2001-329
on Aug 2, 2001
Voted YES on subsidizing private insurance for Medicare Rx drug coverage.
HR 4680, the Medicare Rx 2000 Act, would institute a new program to provide voluntary prescription drug coverage for Medicare beneficiaries through subsidies to private plans. The program would cost an estimated $40 billion over five years and would go into effect in fiscal 2003.
Reference: Bill sponsored by Thomas, R-CA;
Bill HR 4680
; vote number 2000-357
on Jun 28, 2000
Voted YES on banning physician-assisted suicide.
Vote on HR 2260, the Pain Relief Promotion Act of 1999, would ban the use of drugs for physician-assisted suicide. The bill would not allow doctors to give lethal prescriptions to terminally ill patients, and instead promotes "palliative care," or aggressive pain relief techniques.
Reference: Bill sponsored by Hyde, R-IL;
Bill HR 2260
; vote number 1999-544
on Oct 27, 1999
Voted YES on establishing tax-exempt Medical Savings Accounts.
The bill allows all taxpayers to create a tax-exempt account for paying medical expenses called a Medical Savings Account [MSA]. Also, the measure would allow the full cost of health care premiums to be taken as a tax deduction for the self-employed and taxpayers who are paying for their own insurance. The bill would also allow the establishment of "HealthMarts," regional groups of insurers, health care providers and employers who could work together to develop packages for uninsured employees. Another provision of the bill would establish "association health plan," in which organizations could combine resources to purchase health insurance at better rates than they could separately.
Reference: Bill sponsored by Talent, R-MO;
Bill HR 2990
; vote number 1999-485
on Oct 6, 1999
Abolish federal Medicare entitlement; leave it to states.
Foley adopted the Republican Liberty Caucus Position Statement:
As adopted by the General Membership of the Republican Liberty Caucus at its Biannual Meeting held December 8, 2000. - WHEREAS libertarian Republicans believe in limited government, individual freedom and personal responsibility;
- WHEREAS we believe that government has no money nor power not derived from the consent of the people;
- WHEREAS we believe that people have the right to keep the fruits of their labor; and
- WHEREAS we believe in upholding the US Constitution as the supreme law of the land;
BE IT RESOLVED that the Republican Liberty Caucus endorses the following [among its] principles:- Free market health care alternatives, such as medical savings accounts, should be available to everyone, including senior citizens.
- The federal entitlement to Medicare should be abolished, leaving health care decision making regarding the elderly at the state, local, or personal level.
Source: Republican Liberty Caucus Position Statement 00-RLC3 on Dec 8, 2000
Limit anti-trust lawsuits on health plans and insurers.
Foley co-sponsored limiting anti-trust lawsuits on health plans and insurers
OFFICIAL CONGRESSIONAL SUMMARY:
- Delineates the relationship between the antitrust laws and negotiations between groups of health care professionals and health plans and health care insurance issuers.
- Applies the "rule of reason" standard to negotiations between a health plan and two or more physicians.
- Awards attorneys' fees to a substantially prevailing plaintiff only when the defendant's conduct was unreasonable or in bad faith.
- Prohibits tying arrangements (linking the participation in one product line to participation in another) between a health plan and health care professional.
- Excludes from this Act any negotiations or agreements including Medicare, Medicaid, SCHIP, or other federal programs.
EXCERPTS FROM CONGRESSIONAL FINDINGS:
Congress finds the following:- A large number of Americans receive their health care coverage from managed health care plans.
- The market power of insurance companies has increased
tremendously since the early 1990's, due to mergers and acquisitions.
- Health plans improperly manipulate the practice of medicine through such mechanisms as inappropriately making medical necessity determinations, and knowingly denying and delaying payment.
- The intent of the antitrust laws is to encourage competition and protect the consumer, and the current per se standard for enforcing the antitrust laws in the health care field frequently does not achieve these objectives.
- An application of the "rule of reason" will tend to promote both competition and high-quality patient care.
- In any action under the antitrust laws challenging a health plan, conduct shall not be deemed illegal per se, but shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition and proposed contract terms.
LEGISLATIVE OUTCOME: Referred to the House Committee on the Judiciary; never called for a House vote.
Source: Health Care Antitrust Improvements Act (H.R.3897) 02-HR3897 on Mar 7, 2002
Tax credits for those without employee health insurance.
Foley adopted the Republican Main Street Partnership agenda item:
H.R. 1181 the Health Insurance Affordability and Equity Act
With 40 million Americans currently living without health insurance, Republican Main Street Partnership members have been leading the effort to find new and innovative ways to secure health care for our citizens. Easing the burden on businesses entering into insurance purchasing pools, and expanding the use of medical savings accounts (MSAs) have been included in previous economic stimulus packages. RMSP Congresswoman Nancy Johnson (CT) in conjunction with Representatives Jo Ann Emerson (MO), Melissa Hart (PA), Jim Kolbe (AZ), Connie Morella (MD), Doug Ose (CA), Marge Roukema (NJ), Rob Simmons (CT), Fred Upton (MI), and Jim Walsh (NY) introduced legislation that targets tax credits to those that are not offered employee provided health insurance, or are self employed.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP4 on May 24, 2002
Tax deduction for long-term care insurance.
Foley adopted the Republican Main Street Partnership agenda item:
H.R. 831/S. 621 the Long Term Care and Retirement Security Act.
Republican Main Street Partnership Senators Lincoln Chafee (RI), Susan Collins (ME), and Gordon Smith (OR) joined House of Representatives sponsors Reps. Charlie Bass (NH), Dave Camp (MI), Tom Davis (VA), Greg Ganske (IA), Ben Gilman (NY), Dave Hobson (OH), Steve Horn (CA), Nancy Johnson (CT), Sue Kelly (NY), Ray LaHood (IL), Connie Morella (MD), Deborah Pryce (OH), Jim Ramstad (MN), and Rob Simmons (CT) in securing health insurance for seniors and those in long-term care facilities. As new medicines and healthier lifestyles are extending life, more and more Americans need to prepare for their long-term health needs. This legislation allows a tax deduction on long-term care insurance premiums for taxpayers, including accelerated deductions persons for people 55 years of age and up.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP5 on May 24, 2002
Support telemedicine for underserved areas.
Foley adopted the Republican Main Street Partnership agenda item:
H.R. 2706, The Medicare Telehealth Validation (MTV) Act.
Republican Main Street Partnership members Congressman Doug Ose (CA) and Jo Ann Emerson (MO) have introduced this bill to increase the use of telehealth services under the Medicare program. Currently, telehealth services are restricted to use in certain geographically underserved areas. The MTV Act provides sufficient funding and regulatory relief to expand high technology medical diagnostic tools, across the Internet, to urban as well as rural underserved areas. The bill further provides for expansion of store-and-forward techniques, and for a study of the restrictions on telemedicine due to state licensing rules.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP6 on May 24, 2002
$350 billion for prescriptions for poor seniors.
Foley adopted the Republican Main Street Partnership agenda item:
Medicare Prescription Drug Benefit
One of issues to be addressed this year by Congress is that of providing a prescription drug benefit to our nation's Medicare beneficiaries. Legislation currently being drafted [by Republican Main Street Partnership members] intends to authorize $350 billion over the next 10 years to provide purchasing assistance for prescription medications. The benefit reaches out to low and moderate income seniors by extending coverage to incomes up to 150% of the poverty level. The bill could also include provisions to correct reimbursement reductions for physicians, nurses, hospitals, technicians, home health care providers, and long-term care facilities.
Source: Republican Main Street Partnership Legislative Agenda 02-RMSP7 on May 24, 2002
Rated 11% by APHA, indicating a anti-public health voting record.
Foley scores 11% by APHA on health issues
The American Public Health Association (APHA) is the oldest and largest organization of public health professionals in the world, representing more than 50,000 members from over 50 occupations of public health. APHA is concerned with a broad set of issues affecting personal and environmental health, including federal and state funding for health programs, pollution control, programs and policies related to chronic and infectious diseases, a smoke-free society, and professional education in public health.
The following ratings are based on the votes the organization considered most important; the numbers reflect the percentage of time the representative voted the organization's preferred position.
Source: APHA website 03n-APHA on Dec 31, 2003
Expand medical savings accounts for employers & individuals.
Foley co-sponsored expanding medical savings accounts for employers
To expand the availability of medical savings accounts. Amends the Internal Revenue Code with respect to medical savings accounts to:- repeal the limitation on the number of accounts;
- make all employers (currently limited to small employers) eligible to offer accounts;
- increase contribution deduction amounts;
- permit employer and employee contributions;
- reduce high deductible health plan deductibles; and
- permit accounts to be offered under cafeteria plans.
Source: Medical Savings Account Effectiveness Act (H.R.614) 1999-H614 on Feb 8, 1999
Collect data on birth defects and present to the public.
Foley co-sponsored the Birth Defects Prevention Act
Directs the Centers for Disease Control and Prevention to carry out programs to: - collect and analyze, and make available data on the causes of birth defects and on the incidence and prevalence of such defects;
- operate regional centers for the conduct of applied epidemiological research on the prevention of such defects;
- provide information and education to the public on the prevention of such defects;
- collect and analyze data by gender and by racial and ethnic group9/6/2004
- collect such data from birth and death certificates, hospital records, and such other sources; and
- (3) encourage States to establish or improve programs for the collection and analysis of epidemiological data on birth defects and to make the data available.
Corresponding House bill is H.R.1114. Became Public Law No: 105-168.
Source: Bill sponsored by 35 Senators and 164 Reps 97-S419 on Mar 11, 1997
Page last updated: Mar 10, 2011