Sen. Hassan Presses Rep. Price on Harmful Impact of Repealing the Affordable Care Act

WASHINGTON, Jan. 18 -- The office of Sen. Maggie Hassan, D-N.H., issued the following news release:

In today's confirmation hearing for Congressman Tom Price, President-elect Trump's nominee for Secretary of Health and Human Services, Senator Hassan repeatedly pressed Rep. Price on the harmful impact that repealing the Affordable Care Act would have on efforts to combat the substance abuse crisis.

Senator Hassan cited the story of a constituent named Ashley whom she met last week. Ashley is now in recovery from heroin addiction after she was able to get substance abuse treatment because of New Hampshire's bipartisan Medicaid expansion plan. Under questioning from Senator Hassan, Rep. Price would not guarantee that Americans with substance use disorders who have gotten insurance through Medicaid expansion, just like Ashley did, would still be covered for these services if the Affordable Care Act is repealed.

Rep. Price also would not commit to continuing the requirement under the Affordable Care Act that health insurance companies must cover essential health benefits, including treatment for substance abuse. When speaking of the importance of requiring essential benefits such as primary care and substance abuse treatment, Senator Hassan said, "if insurance companies never offer it, [people] don't have the option. They can pay good premium dollars, but it's just not offered. And the Affordable Care Act said to the insurance industry, here are some basic things you have got to offer so that when a patient needs care, the coverage is there and they can get the care. And your answer and the Empowering Patients [First] Act would take that assurance away. It's not an option if insurance doesn't cover it."

Senator Hassan also pressed Rep. Price on his record when it comes to women's health. Rep. Price refused to directly answer on his vote to disapprove Washington, D.C.'s non-discrimination law, the Reproductive Health Non-discrimination Act, which protects women in Washington from being fired or penalized because of their reproductive health decisions. Despite Rep. Price's statements to the contrary, his vote would have had the effect of allowing an employer to fire a woman for using birth control, being pregnant and unmarried, or for other decisions she makes about her own body and reproductive health.

Click here for the video of Senator Hassan's questioning or see transcript below:

Senator Hassan: Congressman price, thank you for being here this morning, Mr. Chairman and Ranking Member Murray, thank you for the opportunity to participate.

As you and I discussed Congressman, we share a concern for patients. My husband and I have two kids and our adult son at times has had up to 10 doctors and a couple of dozen medications. So, the Hassan family knows the strengths and the weaknesses of our health care system very very well. As Governor, I was pleased to work with members of both parties to build on the example that Senator Young talked about in Indiana to have a bipartisan New Hampshire-specific Medicaid expansion plan that's providing coverage now to over 50,000 hard-working Granite Staters. And so I have seen the advantages of the Affordable Care Act and the flexibility that the Affordable Care Act gives states right up close and worked with a Republican legislature to pass it. So it's that context that I bring to this series of questions.

First of all, as we talked about, opioid overdose deaths have been on the rise for several years and have hit New Hampshire particularly hard. We have about the second highest rate of drug overdose deaths in the country. Under the Medicaid expansion program that I just talked about, made possible only by the Affordable Care Act, thousands of New Hampshire citizens are getting the opportunity to get treatment for substance use disorder.

And I talked to one of them last week, a woman named Ashley who had had an addiction for almost a decade. Medicaid expansion gets passed under the Affordable Care Act, she got treatment, and she is now in recovery. And after a year on Medicaid - which by the way we have done it in a particular way so that it's actually strengthened our insurance market in New Hampshire because more insurers came in as a result of the way we did Medicaid expansion. Anyway, she is now working and she's just switched over to private insurance because she's got employer provided insurance. So, you have proposed repealing Medicaid expansion in the budget that you proposed. So, yes or no, can you guarantee that you will make sure that Americans with substance use disorders who have gotten insurance through Medicaid expansion just like Ashley did will not lose their health insurance?

Rep. Price: I think - I enjoyed our conversation as well and the subjects that we delved into. I think that it's absolutely imperative that we as a nation make certain that every single individual has access to the kind of mental health and the kind of substance abuse challenges that they have.

Senator Hassan: Well so is that a guarantee that you will find funds to actually provide the treatment?

Rep. Price: It is a guarantee that I am committed to making certain that we address that need which is so vital and important across this land.

Senator Hassan: I am just concerned that you are not going to be able to back up that guarantee if the Affordable Care Act is repealed and I am concerned about the impact that will have on states and people like Ashley who need the coverage. I also just want to talk about whether you agree that people with health insurance should have some very basic essential coverage is like checkups at the doctor's office. Do you think health insurance coverage should provide for that?

Rep. Price: I think that as we mentioned with choices for patients to be able to select the kind of coverage that they want instead of somebody else decides for them. It is so very important that we remember that at the center of all these discussions is a patient and the patient knows best what he or she needs and that's the imperative I would bring to you, that I am committed to making certain that patients have the choices available and if they choose to select that kind of coverage then they ought to be -

Senator Hassan: But if insurance companies don't offer it at all, like substance use disorder, so an essential benefit under the Affordable Care Act now requires private insurers to cover substance misuse treatment. They didn't used to do that. They also have stopped covering a lot of things until the law requires them to. So, yes or no, the Empowering Patients First Act would repeal the requirements that insurance companies cover substance use disorders. Do you think that is still a good thing?

Rep. Price: I think that what is a good thing is to keep the patient at the center of all of this and make certain that we are providing the kind of options and choices for patients so that they can address their clinical and medical needs.

Senator Hassan: See here's the thing: if insurance companies never offer it, they don't have the option. They can pay good premium dollars, but it's just not offered. And the Affordable Care Act said to the insurance industry, here are some basic things you have got to offer so that when a patient needs care, the coverage is there and they can get the care. And your answer and the Empowering Patient Act would take that assurance away. It's not an option if insurance doesn't cover it.

Rep. Price: The good news for you is that as an administrator, if I am privileged to serve in that capacity, that I follow the policies that are adopted by the Congress of the United States and signed by the president, so we look forward to working with you to make certain those kind of things are covered and those patients receive the care -

Senator Hassan: And with respect, there's been lots of opportunity to make certain that those things happened and until the Affordable Care Act was passed, it never happened and people didn't get the care they needed. And because of that, a lot of people like the Ashley's of the world were not getting better, weren't getting treatment. Providers don't exist to treat people if they can't figure out how they're going to get reimbursed. The most important thing that our treatment community said in New Hampshire was Medicaid expansion and the Affordable Care Act made it possible for them to stand up a higher volume of treatment. So I look forward to working with you too, but I am concerned about your unwillingness to commit to making sure that insurance companies cover these essential benefits. I am almost out of time and we haven't even touched on the issue of women's health, which is obviously of great concern. So, let me just ask a couple of questions. Yes or no, do you think an employer should be able to fire a woman because she uses birth control?

Rep. Price: I don't believe so.

Senator Hassan: Well you voted in support of a resolution to disapprove the District of Columbia's nondiscrimination law - the Reproductive Health Non-Discrimination Act which protects women here in D.C. from being fired or penalized because of their reproductive health decisions. So your vote would've had the effect of allowing employers to fire a woman for using birth control or for other decisions she makes about her own body and reproductive health. So how is that vote consistent with the answer you just gave me?

Rep. Price: Well again, I think the question was about who is paying for that product.

Senator Hassan: No, the question is whether an employer who, let's say in a self-insured employer-provided health insurance plan, finds out that a female employee who earned the benefit with her hard work is using that benefit to provide birth control, to buy birth control, which the benefit provides and then fires her because the employer disapproves of the use of birth control.

Rep. Price: I don't think that is the case.

Senator Hassan: You don't think - would you like us to provide examples for you?

Rep. Price: Yeah, I'd be happy to.

Senator Hassan: You would be willing to say that employers may not -- you would support a law, a rule, that employers may not discriminate against women for their reproductive health decisions?

Rep. Price: I don't think that employers ought to - that employers have the opportunity right now to be able to let somebody go based upon their health status or -

Senator Hassan: So then why did you vote against the D.C. provision that made that clear?

Rep. Price: I don't think that is what it did.

Senator Hassan: You don't think that that was your vote?

Rep. Price: I do not think that's what the bill did.

Senator Hassan: Thank you. We will follow up on that. And again, I wish I had more time because I have about eight more questions. I'll submit them in writing.

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