unfortunately it only addresses erisa plan victims. it excludes thousands of other indirect victims, including those in self funded retirement plans such as ira's. i ask you again -- where is the justice and that kind of an approach? we see no moral basis for congress to amend sipa to provide customer status to a relatively small, special interest group of indirect investors e nrisa plans and exclude all other indirect investors. we indirect investors lost our savings in the same fraudulent ponzi scheme, suffered the same financial devastation and erisa plan members and a direct investors. we firmly believe congress should end this discrimination and not perpetuated has the present draft of the amendment would do if passed as is. we urge congress to enact legislation which clearly defines sipc customers as all customers -- as all investors to place their monies into sipa- protected funds. we endorse an amendment that prevents clawback from investors to withdrew their money in good faith and can prove that. with regard to the 60-day pay

the result -- erisa's situations differ. they are not prevented by a federal investigation from investing directly in their own names. nor is their investment governed by the public policy of encouraging worker savings. for these reasons, if the distinction must be made on a policy basis, we believe that it is possible to provide sipc si coverage for the losses of plan participants of erisa plans. thank you for your time and attention and consideration of this important legislation to extend protection to the plans of in the drugstore -- to the individual participants. >> thank you very much mr. green. and now turn to my colleague from florida, mr. klein, to introduce the third witness. but thank you mr. chairman. it is my honor to introduce helen chaitman, an investor in the limited liability partnership in new york. she is the author of the book. she is counsel to the madoff coalition for investor protection, a combination of a number of investors who lost assets in a ponzi scheme. she has been someone who has had a fairly

the result -- erisa's situations differ. they are not prevented by a federal investigation from investing directly in their own names. nor is their investment governed by the public policy of encouraging worker savings. for these reasons, if the distinction must be made on a policy basis, we believe that it is possible to provide sipc si coverage for the losses of plan participants of erisa plans. thank you for your time and attention and consideration of this important legislation to extend protection to the plans of in the drugstore -- to the individual participants. >> thank you very much mr. green. and now turn to my colleague from florida, mr. klein, to introduce the third witness. but thank you mr. chairman. it is my honor to introduce helen chaitman, an investor in the limited liability partnership in new york. she is the author of the book. she is counsel to the madoff coalition for investor protection, a combination of a number of investors who lost assets in a ponzi scheme. she has been someone who has had a fairly

the result -- erisa's situations differ. they are not prevented by a federal investigation from investing directly in their own names. nor is their investment governed by the public policy of encouraging worker savings. for these reasons, if the distinction must be made on a policy basis, we believe that it is possible to provide sipc si coverage for the losses of plan participants of erisa plans. thank you for your time and attention and consideration of this important legislation to extend protection to the plans of in the drugstore -- to the individual participants. >> thank you very much mr. green. and now turn to my colleague from florida, mr. klein, to introduce the third witness. but thank you mr. chairman. it is my honor to introduce helen chaitman, an investor in the limited liability partnership in new york. she is the author of the book. she is counsel to the madoff coalition for investor protection, a combination of a number of investors who lost assets in a ponzi scheme. she has been someone who has had a fairly

exemption of state health security programs from erisa preemption.section 1603, prohibition of employee benefits duplicative of benefits under state health security programs, coordination in case of workers compensation. section 1604, repeal of continuation coverage requirements under erisa and certain other requirements relating to group health plans. section 1605, effective date of sub title. sub title 1, additional conforming amendments. section 1701, repeal of certain provisions in internal revenue code of 1986. section 1702. repeal of certain provisions in the plea retirement income security act of 1974. section 1703, repeal of certain provisions in the public health service act and related provisions. section 1704, effective date of sub title. title 2, health care quality improvements. section 2001, health care delivery system research, quality improvement, technical assistance. section 2002, establishing community health teams to support the patient-centered medical home. section 2003, medication management services and treatment of chronic di

. >> i mean, if you get a case that involves the question of when can a plan administrator from erisa benefits sue and under what conditions can that administrator be sued, i'm not sure if anybody is going to stay up late and turn off rachel ladlo and watch this instead. >> and i'll complete the circle since we're talking about audio. even more bizarre than the court's power to say no over all video is the court's clear policy on when they allow audio. and one of the things that's been driving me insane is that, you know, one of the -- the only times that the public gets access to audio are in the opposite of the erisa case. the court by some metric that is unknowable to human kind decides which oral arguments are going to get this instant audio treatment and there's usually two or three a years since bush v. gore but i think it's a colossal mistake to say let's do the audio for the abortion cases, affirmative action cases, the cases that make people insane and that make the justices, i think, act out and that if you're going to allow only selective audio, my god, allow audio that's r

we had the bankruptcy act when i first came aboard, you had erisa. but there are not seek changes going on out there. are mandatory jurisdiction has been eliminated or is minimal. you do not have that big pocket. i cannot explain it and i do not think anyone can. anything we said would be speculative. there is no desire to reduce the numbers on my part or to my thinking and anything i have seen on the part of my colleagues. >> some of the other justices have particular areas of reviewed that they find more interesting and intellectually challenging. do you? are there certain parts of the constitution that you love to dig into a and get another opportunity to visit with a case? >> it goes against my nature to want to make big decisions about other people's lives. that is my job and i do it. so i cannot tell you that i look forward to wading into these certain areas. i look forward to watching my nebraska cornhuskers, but i am not going to say i look for it -- this is about our country and our constitution, and i get my game face on. this is our job. t

we had the bankruptcy act when i first came aboard, you had erisa. going on out there. our mandatory jurisdiction has been eliminated or is minimal. you do not have that big pocket. i cannot explain it and i do not think anyone can. anything we said would be speculative. there is no desire to reduce the numbers on my part or to my thinking and anything i have seen on the part of my colleagues. >> some of the other justices have particular areas of reviewed that they find more interesting and intellectually challenging. do you? are there certain parts of the constitution that you love to dig into a and get another opportunity to visit with a case? >> it goes against my nature to want to make big decisions about other people's lives. that is my job and i do it. so i cannot tell you that i look forward to wading into these certain areas. i look forward to watching my nebraska cornhuskers, but i am not going to say i look for it -- this is about our country and our constitution, and i get my game face on. this is our job. the cases i am most excited in about are the ones th

they were a trust fund in the private sector, and i used to be assistant secretary of of labor for erisad be in jail. there would be fiduciary breaches. the reality is where negative cash flow in the hospital insurance trust fund. we are negative cash flow in the disability insurance trust fund. for perpetuity, all right. without reforms. we are negative cash flow in the retirement income and survivors income trust fund at least for two more years. the medicare program part a won't be able to pay bills within 10 years. the social security trust fund doesn't go dry for a while, but again, what are we doing? we have to end up borrowing from the public, mainly from foreign lenders, in order to deal with the negative cash flow situation. within 12 years, acourting to g.a.o., which i headed for 10 years, within 12 years, without an increase in interest rates and chairman greenspan has talked about the risk there, without an increase in interest rates, the single largest line item in the federal budget will be interest on the federal debt. not defense. not medicare. not medicaid. not social se

this benefit packages based on erisa recommendations. ada is based on also the recommendations of cdc. it this amendment passes, women will have access to the same preventive health services as women in congress have. let me repeat that. if this passes, the women of america will have access to the same preventive services that we in congress have. what does that mean? a, if your doctor says you need it, screening for cervical cancer if your doctor says you need it. that check on diabetes if your doctor is worried about you and wonder that along with symptoms related to, there are other things, a loss of weight and other things wedded this critical juncture of your life, do you have diabetes because at 40 you are less likely to need kidney dialysis then when you were 60. i think this is a great amendment. the pending bill does not cover key preventive services like an annual screening for women of all ages to focus on a unique-- are unique health needs. we know that for many people, for example there are 15 million people in america with

they were a trust fund in the private sector, and i used to be assistant secretary of of labor for erisaould be in jail. there would be fiduciary breaches. the reality is where negative cash flow in the hospital insurance trust fund. we are negative cash flow in the disability insurance trust fund. for perpetuity, all right. without reforms. we are negative cash flow in the retirement income and survivors income trust fund at least for two more years. the medicare program part a won't be able to pay bills within 10 years. the social security trust fund doesn't go dry for a while, but again, what are we doing? we have to end up borrowing from the public, mainly from foreign lenders, in order to deal with the negative cash flow situation. within 12 years, acourting to g.a.o., which i headed for 10 years, within 12 years, without an increase in interest rates and chairman greenspan has talked about the risk there, without an increase in interest rates, the single largest line item in the federal budget will be interest on the federal debt. not defense. not medicare. not medicaid. not social

violations of the antikickback statute, the food, drug and cosmetic act, and certain provisions of erisa. these changes will allow the full range of law enforcement tools to be used against all health care fraud. the amendment also provides the department of justice with subpoena authority for investigations conducted pursuant to the civil rights for institutional persons act, also known as cripa. it's hard to believe, but under the current law, department of justice must rely upon cooperation of the nursing homes, mental health institutions, facilities for persons with disabilities, and residential high school -- schools for children with disabilities that are the targets of cripa investigations. now, you can figure out that in most cases these targets will cooperate, but sometimes they do not, and the current lack of subpoena authority puts vulnerable victims at needless risk. finally, the amendment corrects an apparent drafting error by providing that obstruction of criminal investigations involving administrative subpoenas under hippa, the health insurance portability and accountabil

they were a trust fund in the private sector, and i used to be assistant secretary of of labor for erisaail. there would be fiduciary breaches. the reality is where negative cash flow in the hospital insurance trust fund. we are negative cash flow in the disability insurance trust fund. for perpetuity, all right. without reforms. we are negative cash flow in the retirement income and survivors income trust fund at least for two more years. the medicare program part a won't be able to pay bills within 10 years. the social security trust fund doesn't go dry for a while, but again, what are we doing? we have to end up borrowing from the public, mainly from foreign lenders, in order to deal with the negative cash flow situation. within 12 years, acourting to g.a.o., which i headed for 10 years, within 12 years, without an increase in interest rates and chairman greenspan has talked about the risk there, without an increase in interest rates, the single largest line item in the federal budget will be interest on the federal debt. not defense. not medicare. not medicaid. not social security. a