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Ernest Istook on Health Care

Former Republican Representative (OK-5, 1993-2007)


Voted NO 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 YES 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 NO 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 NO 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

Limit anti-trust lawsuits on health plans and insurers.

Istook co-sponsored limiting anti-trust lawsuits on health plans and insurers

OFFICIAL CONGRESSIONAL SUMMARY:

EXCERPTS FROM CONGRESSIONAL FINDINGS:

    Congress finds the following:
  1. A large number of Americans receive their health care coverage from managed health care plans.
  2. The market power of insurance companies has increased tremendously since the early 1990's, due to mergers and acquisitions.
  3. Health plans improperly manipulate the practice of medicine through such mechanisms as inappropriately making medical necessity determinations, and knowingly denying and delaying payment.
  4. 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.
  5. An application of the "rule of reason" will tend to promote both competition and high-quality patient care.
  6. 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

Rated 12% by APHA, indicating a anti-public health voting record.

Istook scores 12% 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

2010 Governor, House and Senate candidates on Health Care: Ernest Istook on other issues:
OK Gubernatorial:
Mary Fallin
OK Senatorial:
James Inhofe
Tom Coburn

Dem. Freshmen
in 112th Congress:

AL-7:Terri Sewell
CA-33:Karen Bass
DE-0:John Carney
FL-17:Frederica Wilson
HI-1:Colleen Hanabusa
LA-2:Cedric Richmond
MA-10:Bill Keating
MI-13:Hansen Clarke
RI-1:David Cicilline
GOP Freshmen
in 112th Congress:

AL-2:Martha Roby
AL-5:Mo Brooks
AZ-1:Paul Gosar
AZ-3:Ben Quayle
AZ-5:David Schweikert
AR-1:Rick Crawford
AR-2:Tim Griffin
AR-3:Steve Womack
CA-19:Jeff Denham
CO-3:Scott Tipton
CO-4:Cory Gardner
FL-12:Dennis Ross
FL-2:Steve Southerland
FL-21:Mario Diaz-Balart
FL-22:Allen West
FL-24:Sandy Adams
FL-25:David Rivera
FL-5:Rich Nugent
FL-8:Dan Webster
GA-2:Mike Keown
GA-7:Rob Woodall
GA-8:Austin Scott
ID-1:Raul Labrador
IL-8:Joe Walsh
IL-10:Bob Dold
IL-11:Adam Kinzinger
IL-14:Randy Hultgren
IL-17:Bobby Schilling
IL-8:Joe Walsh
IN-3:Marlin Stutzman
IN-4:Todd Rokita
IN-8:Larry Bucshon
IN-9:Todd Young
KS-1:Tim Huelskamp
KS-3:Kevin Yoder
KS-5:Mike Pompeo
LA-3:Jeff Landry
MD-1:Andy Harris
MI-1:Dan Benishek
MI-2:Bill Huizenga
MI-3:Justin Amash
MI-7:Tim Walberg
MN-8:Chip Cravaack
MO-4:Vicky Hartzler
MO-7:Billy Long
MS-1:Alan Nunnelee
MS-4:Steven Palazzo
GOP Freshmen
in 111th Congress:

NC-2:Renee Ellmers
ND-0:Rick Berg
NH-2:Charlie Bass
NH-1:Frank Guinta
NJ-3:Jon Runyan
NM-2:Steve Pearce
NV-3:Joe Heck
NY-13:Michael Grimm
NY-19:Nan Hayworth
NY-20:Chris Gibson
NY-24:Richard Hanna
NY-25:Ann Marie Buerkle
NY-29:Tom Reed
OH-1:Steve Chabot
OH-15:Steve Stivers
OH-16:Jim Renacci
OH-18:Bob Gibbs
OH-6:Bill Johnson
OK-5:James Lankford
PA-10:Tom Marino
PA-11:Lou Barletta
PA-3:Mike Kelly
PA-7:Patrick Meehan
PA-8:Mike Fitzpatrick
SC-1:Tim Scott
SC-3:Jeff Duncan
SC-4:Trey Gowdy
SC-5:Mick Mulvaney
SD-0:Kristi Noem
TN-3:Chuck Fleischmann
TN-4:Scott DesJarlais
TN-6:Diane Black
TN-8:Stephen Fincher
TX-17:Bill Flores
TX-23:Quico Canseco
TX-27:Blake Farenthold
VA-2:Scott Rigell
VA-5:Robert Hurt
VA-9:Morgan Griffith
WA-3:Jaime Herrera
WI-7:Sean Duffy
WI-8:Reid Ribble
WV-1:David McKinley
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Page last updated: Mar 09, 2011