Jim Gerlach on Health Care

Last Updated : Oct 04, 2010

Campaign Website Statements

 

Official Website Statements

Voting Record

Tort Reform

In March of 2012, the House voted on HR 5, also know as the Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2011. This legislation would have set a statute of limitations of three years after the date of manifestation of an injury or one year after the claimant discovers the injury for a lawsuit, made each party liable only for the amount of damages directly proportional to such party's percentage of responsibility, allowed the court to restrict the payment of attorney contingency fees, authorized punitive damages only where there is clear and convincing evidence that a person acted with malicious intent to injure the claimant, limited punitive damages to $500,000, limited noneconomic damages to $250,000, and denied punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards. Jim Gerlach voted in favor of the HEALTH Act.

Jim Gerlach voted in favor of the HEALTH Act.

Repeal of Health Care Reform

In early 2011, the House voted on repealing the 2009-2010 health care reform legislation, called "Obamacare" by its opponents. Jim Gerlach voted in favor of repealing the health care legislation.

Jim Gerlach voted in favor of repealing the health care legislation.

2009-2010 Health Care Reform - Amendments

There were three significant votes on the health care reform legislation in the house. The first passed the house version, the second passed the reconciliation bill, and the third passed a bill to address "problems" in the original bills. This vote passed amendments to address the problems with the reconciliation bill. Jim Gerlach voted against the health care amendments for the House and Senate bills.

Jim Gerlach voted against the health care amendments for the House and Senate bills.

Health Care and Education Reconciliation Act of 2010

In March of 2010 the House voted on the Health Care and Education Reconciliation Act of 2010. The legislation was to pass the health care reform through the reconciliation process. No Republicans voted for the legislation and 22 Democrats voted against the bill. The bill passed 220-207. Jim Gerlach voted against the Health Care and Education Reconciliation Act of 2010.

Jim Gerlach voted against the Health Care and Education Reconciliation Act of 2010.

2009-2010 Health Care Reform - Reconciliation

After a separate version of health care reform passed in the Senate, the Democrats lost the 60 seats they needed to break a Republican filibuster. To pass the reform bill, the House passed a reconciliation bill that would allow the House and Senate versions to be combined without a separate verion passing the Senate. Jim Gerlach voted against the health care reconciliation bill.

Jim Gerlach voted against the health care reconciliation bill.

2009-2010 Health Care Reform Bill

The Affordable Health Care for America Act (HR 3962) was the version that passed the House. It was supported by most Democrats and only 1 Republican. Jim Gerlach voted against the original health care reform bill.

Jim Gerlach voted against the original health care reform bill.

Family Smoking Prevention and Tobacco Control Act

The Family Smoking Prevention and Tobacco Control Act sets up health requirements for tobacco products, sets labeling guidelines, requires tobacco companies to report the content of their products, and prescribes punishements for violating any rules. The measure passed the House 298-112. Jim Gerlach voted in favor of the Family Smoking Prevention and Tobacco Control Act.

Jim Gerlach voted in favor of the Family Smoking Prevention and Tobacco Control Act.

SCHIP

In addition to attempting overall health care reform, congress re-authorized SCHIP in 2009. SCHIP is a program to provide children with health care and fund it through tobacco taxes. The program passed with the full support of Democrats and roughly 1/4 of the Republicans. Jim Gerlach voted in favor of SCHIP.

Jim Gerlach voted in favor of SCHIP.

Medicare Part D - Final Vote

After the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 passed the Senate, it came back for a final vote in the House. It passed the House in final form 220-215. Jim Gerlach voted in favor of Medicare Part D when it passed the House in final form.

Jim Gerlach voted in favor of Medicare Part D when it passed the House in final form.

Medicare Part D

The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 is sometimes called Medicare Part D. It was a sweeping reform that created plans for the senior citizens to purchase prescription drugs. The bill iniitially passed the House 216-215. Jim Gerlach voted in favor of Medicare Part D.

Jim Gerlach voted in favor of Medicare Part D.

 

Sponsored and Cosponsored Legislation

Session-112; Bill Number-H R 144; Small Business Paperwork Mandate Elimination Act of 2011 - Cosponsor

Amends the Internal Revenue Code to repeal a provision (added by the Patient Protection and Affordable Care Act) that extends to corporations that are not tax-exempt the requirement to report payments of $600 or more.

Session-112; Bill Number-H R 346; Health Care Choice Act of 2011 - Cosponsor

Amends the Public Health Service Act to provide that the laws of the state designated by a health insurance issuer (primary state) shall apply to individual health insurance coverage offered by that issuer in the primary state and in any other state (secondary state), but only if the coverage and issuer comply with the conditions of this Act. Exempts issuers from any secondary state's laws that would prohibit or regulate the operation of the issuer in such state, subject to certain restrictions imposed by such state. Specifies the notice that an issuer must provide in any insurance coverage offered in a secondary state and at renewal of the policy. Requires each issuer issuing individual health insurance coverage in both primary and secondary states to submit to the insurance commissioners of such states: (1) a copy of the plan of operation or feasibility study; (2) written notice of any change in its designation of its primary state and of its compliance with all the laws of the primary state; and (3) a quarterly financial statement. Prohibits an issuer from offering, selling, or issuing individual health insurance coverage in a secondary state if the state insurance commissioner does not use a risk-based capital formula for the determination of capital and surplus requirements for all issuers. Gives sole jurisdiction to the primary state to enforce the primary state's covered laws in the primary state and any secondary state. Requires the Comptroller General to study the effect of this Act on specified health insurance issues.

Session-111; Bill Number-H R 5141; Small Business Paperwork Mandate Elimination Act - Cosponsor

Amends the Internal Revenue Code to repeal a provision (added by the Patient Protection and Affordable Care Act) that extends to corporations that are not tax-exempt the requirement to report payments of $600 or more.

Session-111; Bill Number-H R 1256; Family Smoking Prevention and Tobacco Control Act - Cosponsor

To protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products, to amend title 5, United States Code, to make certain modifications in the Thrift Savings Plan, the Civil Service Retirement System, and the Federal Employees' Retirement System, and for other purposes.

Session-111; Bill Number-H Res 1188; Ensuring an up or down vote on certain health care legislation - Cosponsor

Prohibits the Committee on Rules from reporting a rule or order that provides for disposition of the Senate amendments to H.R. 3590 (the Patient Protection and Affordable Care Act [PPACA]) unless it provides for: (1) at least one hour of debate, equally divided and controlled by the majority leader and the minority leader; and (2) a requirement that the Speaker put the question on disposition of the Senate amendments and that the yeas and nays be considered as ordered thereon.

Session-111; Bill Number-H R 5111; To amend the Patient Protection and Affordable Care Act to modify special rules relating to coverage of abortion services under such Act. - Cosponsor

Amends the Patient Protection and Affordable Care Act to prohibit federal funds from being to used to cover any part of the costs of any health plan that includes coverage of abortion services. (Currently, federal funds cannot be used for abortion services and plans receiving federal funds must keep federal funds segregated from any funds for abortion services.) Requires any qualified health benefit plan offered through an Exchange that includes coverage for abortions to also offer a qualified health benefit plan through the Exchange that is identical in every respect except that it does not cover abortions.

Session-110; Bill Number-H R 1343; Health Care Safety Net Act of 2008 - Cosponsor

To amend the Public Health Service Act to provide additional authorizations of appropriations for the health centers program under section 330 of such Act, and for other purposes.

Session-112; Bill Number-H R 5; Tort Reform - HEALTH Act - Cosponsor

HR 5 was also know as the Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2011. This legislation would have set a statute of limitations of three years after the date of manifestation of an injury or one year after the claimant discovers the injury for a lawsuit, made each party liable only for the amount of damages directly proportional to such party's percentage of responsibility, allowed the court to restrict the payment of attorney contingency fees, authorized punitive damages only where there is clear and convincing evidence that a person acted with malicious intent to injure the claimant, limited punitive damages to $500,000, limited noneconomic damages to $250,000, and denied punitive damages in the case of products approved, cleared, or licensed by the Food and Drug Administration (FDA), or otherwise considered in compliance with FDA standards.

Session-109; Bill Number-H R 4157; Health Information Technology Promotion Act of 2006 - Cosponsor

Amends the Public Health Service Act to add a new title II part D (Health Information Technology). Establishes within the Department of Health and Human Services (HHS) an Office of the National Coordinator for Health Information Technology. Directs the National Coordinator to: (1) provide for a strategic plan for nationwide implementation of interoperable health information technology in both the public and private health care sectors; (2) serve as the principal advisor to the Secretary regarding such technology, and coordinate HHS policies and programs for promoting its use; (3) ensure that such policies and programs are coordinated with those of relevant federal agencies and departments; (4) identify funding sources to promote and support information technology planning and adoption in medically underserved communities; and (5) collaborate with the Agency for Healthcare Research and Quality and the Health Services Resources Administration and other federal agencies to support technical assistance and resource development for such medically underserved communities, particularly those seeking to establish electronic health information networks across providers. Declares that Executive Order 13335 shall not have any force or effect after the enactment of this Act. Requires the National Coordinator to study and report to the Congress on the development and implementation of health information technology in medically underserved communities.

Session-109; Bill Number-H R 2177; Healthcare Enhancement for Local Public Safety Retirees Act of 2005 or the HELPS Retirees Act of 2005 - Cosponsor

Amends the Internal Revenue Code to allow retired public safety officers to elect an annual exclusion from gross income up to $5,000 for distributions from governmental retirement plans for the payment of accident or health insurance or long-term care insurance.

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