The Harris Record on Medicare and Social Security

In a year-end mailer to constituents, Rep. Andy Harris says he is “working hard” to “strengthen” the Social Security and Medicare programs that “Maryland’s seniors” depend on.   The mailer does not explain what exactly Rep. Harris did to bolster these programs.  Examination of the congressman’s record this past year suggests not much.

Indeed, a look at the single piece of legislation that he sponsored, the various bills that he co-sponsored over the last year, and his votes on bills that passed the House this year suggests that he did not do anything in particular to “strengthen” Medicare, and nothing at all to strengthen Social Security.  The mailer appears to be nothing more than a “remember I am here for you” message as election season gears up.

Harris Sponsored Legislation

Rep.  Harris sponsored only one bill in the 2021-22 session of Congress:  That bill deals with protecting health care providers (doctors, nurses, hospitals, pharmacies or other providers) who engage in actions to restrict or deny abortion rights.  Text - H.R.6060 - 117th Congress (2021-2022): Conscience Protection Act of 2021 | Congress.gov | Library of Congress.  The bill was introduced in the House in mid-November.  No other action has been taken. 

Harris Co-Sponsored Legislation

Rep. Harris has co-sponsored 163 bills in the 2021-22 session of Congress to date.  A list of all the bills he co-sponsored and relevant information about each bill can be found at https://projects.propublica.org/represent/members/H001052/bills-cosponsored/117?page=1.   

None of these bills has passed the House or become law.  Moreover, nothing in the record supports the proposition that these bills – were they to become law – would actually strengthen Medicare (the  federal program that pays for certain health services provided to people over 65 and certain other individuals) or Social Security (the income maintenance program that provides monthly benefits to replace, in part, the loss of income due to retirement, disability or death and that is largely financed through a payroll tax).  Social Security Programs in the United States - Old-Age, Survivors, and Disability Insurance (ssa.gov)

For example, in December 2021 (perhaps, coincidentally, just before the mailer was sent) the Congressman co-sponsored several Medicare or other health care-related bills.  All of these bills are at the beginning of the legislative process and it is not clear whether any will become law.  They include:

 H.R. 3405 (directing the Secretary of the Veterans Affair to designate as week as “Battle Buddy Check Week” for the purpose of outreach and education concerning peer wellness checks for veterans and other purposes); 

H.J. Res. 67 (a resolution aimed at opposing a CMS rule relating to Covid-19 vaccination requirements for health care staff at Medicare and Medicaid certified providers and suppliers.    CMS regulates the Medicare and Medicaid programs. https://www.congress.gov/bill/117th-congress/house-joint-resolution/67/text. The interim final rule is itself is at https://www.govinfo.gov/content/pkg/FR-2021-11-05/pdf/2021-23831.pdf

H.R. 6184 (relating to the scheduling of certain Fentanyl-related substances as an illegal drug);  

H.R. 6144 (relating to delaying and offsetting the sequester to occur in January 2022.  The bill, for which there is not yet a congressional summary, delays the sequester during calendar year 2022 and offsets the delay by imposing what appears to be a hodge-podge of social program reductions.  Among other things, the bill would reinstate the “public charge rule” which would bar immigrants from getting green cards or other visas for persons more likely than not to receive certain public benefits in the future even though immigrants are typically not even eligible for such benefits; reinstate work requirements as a condition of receiving supplemental nutritional assistance program; rescind certain covid state and local fiscal recovery funds permanently; and reduce Medicare payments.

H.R. 6020 (relating to extending certain increases in the Medicare physician fee schedule through January 1, 2023)

Otherwise, over the course of the past year, most of the Congressman’s health-related legislative activity was directed at stopping vaccine mandates or limiting reproductive rights.  Nothing seemed directed at “strengthening” the Medicare or Social Security Programs in any material way. For example:  

            H.J. Res. 65 (providing for congressional disapproval of the Department of Labor’s emergency rule requiring employers with 100 or more employees to be fully vaccinated against Covid-19 or undergo weekly testing).

            H.R. 5995 (providing for research on mental health complications following pregnancy loss, including miscarriage, still birth or abortion, and prohibiting the availability of such funds for entities that perform abortions).

H.R. 5590 (the “Natural Immunity is Real Act” providing for federal agencies to acknowledge and accept “consideration of natural immunity as it pertains to Covid-19”).

H.R. 5908 (the “Stop Vaccine Mandates Act” relating to ensuring that executive orders pertaining to ensuring adequate covid safety protocols for federal contractors and requiring Covid-19 vaccination for federal employees are rescinded)

H.R. 5811 (the “No Vaccine Mandate Act” relating to prohibiting the use of federal funds to develop, implement, administer or enforce any rule that requires Covid-19 vaccination)

H.R. 5787 (Department of Veterans Affairs Telehealth Strategy Act requiring the Department of Veterans Affairs to develop a strategy for telehealth services to be provided to veterans)

H.R. 2316 (the “Fire Fauci Act”)

H.R. 5657 (relating to medical marijuana research)

H.R. 5656 (relating to the procedures to be used by Medicare and Medicaid providers in connection with do-not resuscitate orders for minors and the rights of either parent to refuse consent)

H.R. 5553 (prohibiting the Department of Veterans Affairs from providing or paying for surgical treatment relating to gender transition)

H.R. 5464 (prohibiting OSHA or any other federal agency from imposing a fine, fee or taxation on any person for violation of a vaccine mandate)

H.R. 5360 (relating to nullifying executive orders regarding Covid-19 vaccine mandates and prohibiting the Secretary of Labor from issuing a rule mandating vaccination)

H.R. 5327 (the “Masks Off Act” which would provide grants to parents of eligible students required to wear face masks and allowing for such funds to be used for private tutoring and home school expenses)

H.R. 5136 (the “Teleabortion Prevention Act of 2021” preventing any health care provider from using any medicine or drug to terminate a pregnancy without physically examining the patient, without being physically present when the medication is administered and without scheduling a follow-up visit by the patient not more than 14 days after use of the drug)

H.Res. 587 (opposing any adverse punishment or discharge that is not honorable for service members whose discharge results from choosing not to receive the Covid-19 vaccine)

H.R.3537 (establishing grant programs for supporting research on and expanded access to investigational drugs for amyotrophic lateral sclerosis and other neurodegenerative disease)

H.R.4607 (prohibiting the award of federal funds to an institution of higher learning that hosts or is affiliated with a student-based services site that provides abortion drugs or abortions to students or employees of the institution)

H.R. 1476 (providing grants for peer-to-peer mental health programs for veterans)

H.R.1916 (requiring private health insurance plans to cover diagnosis and treatment of congenital anomalies and birth defects)

H.R.3173 (establishing requirements and standards for prior authorization processes in Medicare managed care plans)

H.Res. 389 (designating the week beginning November 8, 2021 as National Pregnancy Center Week)

H.R.2849 (making abortion providers ineligible to receive a loan under the Paycheck Protection Program that was implemented to support small businesses in response to Covid-19)

H.R. 2619 (prohibiting federal funding to entities that do not certify the entities will not perform abortions or provide funding to entities that perform abortions.  The bill provides exceptions with respect to an abortion where the pregnancy is the result of rape or incest or where the woman has a physical disorder, physical injury or physical illness that would put the woman in danger of death unless an abortion is performed.)

H.R 2488 (prohibiting the use of funds to provide contributions directly or indirectly to the United Nations Population Fund, a United Nations agency that supports access to a wide range of sexual and reproductive health services)

H.R. 2384 (the “No Vaccine Passports Act” prohibiting a federal agency from issuing standardized documentation for the purpose of certifying the Covid-19 vaccination status of a U.S. citizen or otherwise publishing or sharing any Covid-19 vaccination record of a U.S. citizen)

H.R. 1999 (to delay and offset the sequester imposed under the Statutory Pay as You Go Act of 2010) as a result of enactment of the American Rescue Plan Act of 2021)

H.R. 568 (prohibits NIH from conducting or supporting research on human fetal tissue obtained from an abortion procedure)

H.R. 1448 (implements a program and policy related to service dog therapy for veterans)

H.R.1330 (repealing the Medicare ban on new or expanded physician-owned hospitals under the federal physician self-referral law.  The physician self-referral law limits the circumstances under which physicians can make referrals to entities in which they or close family members have a financial or compensation interest.)

H.R. 1382 (establishing new federal criminal offenses relating to the performance of abortion or sterilization procedures without informed consent)

H.R. 1080 (establishing a new criminal offense for performing or attempting to perform an abortion if the probable post-fertilization age of the fetus is 20 weeks or more.)

H.R. 1011 (Declaring that the right to life guaranteed by the U.S. Constitution vests in each human being from the moment of fertilization, cloning or other moment at which an individual member of the human species comes into being)

H.R. 18 (prohibiting the use of federal funds for abortion or health coverage that includes abortions)

H.R. 877 (defining the beginning of human life for purposes of legal and constitutional attributes and privileges of personhood from fertilization, cloning or its equivalent)

H.Res. 81 (opposing the vaccination for Covid-19 for detainees at Guantanamo Bay until all Americans have the opportunity to be vaccinated)

H.R. 742 (authorizing short-term, limited duration health plans.  Under current law, such plans are exempt from certain market requirements of the Patient Protection and Affordable Care Act, such as coverage of individuals with pre-existing conditions)

H.R.725 (Revising provisions relating to health savings accounts, including increasing the limit on contributions and including within the definition of qualified medical expenses amounts paid by a member of a health care sharing ministry.)

H.R. 541 (Defunding Planned Parenthood unless the organization certifies that its affiliates and clinics will not perform and will not provide funds to entities that perform abortions)

H.R. 555 (establishes a new criminal offense for disposing or abandoning fetal remains in a landfill or any navigable waters of the U.S.)

H.R. 554 (prohibiting FDA from approving any new drug intended to terminate pregnancy and imposes additional restrictions on such drugs that are already approved)

H.R. 552 (requiring abortion providers to disclose information about the possibility of reversing a medication abortion)

H.R. 563 (prohibiting the U.S. Department of Health and Human Services from conducting or supporting any research that involves the use of human fetal tissue obtained pursuant to an induced abortion)

H.R. 581 (requiring states to report certain abortion data to the CDC as a condition of federal Medicaid payment for family planning services)

HR 619 (establishing requirements for the degree of care a health care practitioner must provide in the event of a live birth following an abortion or attempted abortion.  Physicians who fail to provide the required degree of care, or a health care practitioner or other employee who has knowledge of a failure to comply with the degree-of-care requirements but fails to immediately report such failures to law enforcement are subject to criminal penalties, including fine and imprisonment)

1. Res. 60 (supporting the designation of January 22, 2021 as “National Sanctity of Life Day.”)

H.R. 295 (Preserving the eligibility of health savings account participants by any health plan during the coronavirus emergency period)

H.R. 28 (Prohibiting the use of federal funds allocated for Covid-19 for abortions)

H.R. 188 (subject to limited exceptions, allowing states to exclude from participation in the state’s Medicaid program a provider that performs an abortion)

H.R. 243 (subject to limited exceptions, prohibiting HHS from awarding family planning grants to entities that perform abortions)

Rep. Harris Votes on Legislation that Has Passed the House

Some of the health-care related legislation that passed the House during 2021 may have some bearing on Medicare in particular.  Rep. Harris has generally voted against these bills and it is reasonable to conclude that his no votes neither helped strengthen the Medicare/Social Security programs or otherwise helped program beneficiaries.  

H.R.5376:  Build Back Better Act:  Rep. Harris voted no.  Among other things, the bill would have strengthened the Medicaid home health programs which permits eligible individuals to receive certain health care services at home.

 H.R. 239:  Equal Access to Contraception Access.  The bill prohibited the Department of Veterans Affairs form requiring payment from veterans for any contraceptive item that commercial health plans are required to cover without cost-sharing.  The bill passed with bipartisan support.  Rep. Harris voted no.

H.R. 1629:  Fairness in Orphan Drug Exclusivity Act.  The bill limited the period in which certain orphan drugs will be granted a market exclusivity period.   The bill, which had significant economic implications for persons suffering from rare disease, passed the House with overwhelming bipartisan support with 187 Republicans joining 215 Democrats.   Rep. Harris voted no.

H.R. 1065:  Pregnant Workers Fairness Act. The bill made it an unlawful employment practice to fail to make reasonable accommodations for qualified employees affected by pregnancy, childbirth or related medical conditions.  The bill had substantial bipartisan support.  Rep. Harris voted no.

H.R. 1868:  The bill was introduced in the House by action of the House of Representatives to prevent across-the-board spending cuts.  According to the summary authored by the Congressional Research Service, H.R. 1868 makes several budgetary and technical changes to provisions under Medicare, Medicaid and the American Rescue Plan Act of 2021 which provided additional relief to address the ongoing impact of Covid-19.   Specifically, the bill exempts the budgetary effects of the American Rescue Plan of 2021 and the other technical and budgetary changes referenced in the bill from the Statutory Pay-As-You-Go Act of 2010.  The Statutory Pay as You go Act of 2010 had established budget enforcement mechanisms to require that all new legislation changing taxes fees or mandatory expenditures not increase projected deficits.    H.R. 1868 passed the house by a vote of 246-175.  Office of the Clerk, U.S. House of Representatives - Vote Details.   Congressman Harris voted no on the House bill;  he concurred in the later Senate version together with 167 Republicans.  

H.R. 1319:  the American Rescue Plan Act, the $1.9 trillion Covid -19 virus relief bill. Congressman Harris voted no.

H.R. 2877:  Behavioral Intervention Guidelines Act of 2021. According to the bill summary, the bill would amend the Public Health Service Act to direct the Secretary of Health and Human Services to identify and facilitate the development of best practices to assist elementary schools, secondary schools and institutions of higher learning to establish and use behavioral intervention teams from an evidence-based objective perspective while protecting constitutional and civil rights of individuals. H.R.2877 - 117th Congress (2021-2022): Behavioral Intervention Guidelines Act of 2021 | Congress.gov | Library of Congress. There was substantial bipartisan support for this bill in the House of Representatives with 178 Republicans joining 145 Democrats to vote Yea. Harris voted no.

In summary, Rep. Harris’ mailer is self-congratulatory, praising himself for working hard to strengthen vital federal programs.  The opposite appears to be true.  Rep. Harris did little, if anything to strengthen or improve Medicare and Social Security.  Rather, his legislative focus seems to have been directed at opposing Covid-19 vaccine mandates and halting reproductive rights.