CDCAN
CALIFORNIA DISABILITY COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT
Prayers For Charlotte Colton & Her Family
#0017-2006  January 31, 2006 Tuesday
Advocacy Without Borders:
Connecting people with disabilities & seniors to rights and unified action
1225 8th Street Suite 480 - Sacramento, CA 95814  916/446-0013  Fax: 916/446-0026
Marty Omoto - director  email: martyomoto@rcip.com    website: www.cdcan.us

 
MEDICARE PART D DRUG PROGRAM CRISIS
*
FEB 1 HEARING BY SENATE/ASSEMBLY HEALTH COMMITTEES
* BUDGET & LONG TERM CARE COMMITTEES ALSO INVOLVED
* FOCUS ON WHAT FEDERAL AND STATE IS DOING
* MAJOR IMPACT ON SENIORS AND PEOPLE WITH DISABILITIES


SACRAMENTO  -  A joint informational hearing
on the status of the Medicare Part D Prescription Drug crisis is scheduled to be held February 1, Wednesday afternoon at 1:30 PM by the California Legislature's committees responsible for health and human services, including the Senate and Assembly Health Committees.  The hearing is scheduled to be held at the State Capitol in Room 4202.  The State has estimated that the Medicare Part D Prescription Drug crisis has impacted over 200,000 of the 1.1 million persons with developmental and other disabilities, mental health needs and seniors who are recipients of both Medi-Cal and Medicare and were unable to obtain needed medications.  However implementation of the new federal program will also impact tens of thousands more of seniors who are only recipients of the Medicare program, which until January 1, did not pay for any prescription drug coverage.  Persons who are only eligible for Medi-Cal and not also eligible for Medicare, are not impacted by the new federal Medicare drug program. 

US Department of Health and Human Services Region 9 Officials Scheduled
Six committees are involved in the informational hearing, that will include reports, comments and recommendations from four panels, including representatives from the federal government's Centers on Medicare and Medicaid Services (CMS).  Scheduled to appear is Jeff Flick, Regional Administrator
for the  Federal Centers for Medicare and Medicaid Services and Calise I. Muñoz, Esq., Regional Director, of  Region IX of the US Department of Health and Human Services, whose offices are based in San Francisco, with a region covering the western states. Stan Rosenstein, chief of the state's Medi-Cal program, is scheduled to provide comments from the state's perspective, along with several other representatives from private and associations and agencies.  A panel of advocates is also scheduled to provide comments and recommendations. 

Senate and Assembly Health Committees Will Lead the Informational Hearing
Both the Senate Health Committee, chaired by Sen. Deborah Ortiz (D-Sacramento, 6th District), and Assembly Health Committee, chaired by Assemblymember Wilma Chan (D-Oakland, 16th District) are the two main committees leading the hearing on the crisis. The hearing will focus on that crisis and the status of California's efforts to address it, but also on further implementation of the Medicare Part D Drug Program, that includes seniors who are only eligible for the federal Medicare health coverage.
Other committees who are part of the informational hearing are:
* Senate Subcommittee on Aging & Long Term Care - Chair, Sen. Elaine Alquist (D-Santa Clara, 13th District)
* Senate Budget Subcommittee #3 on Health & Human Services - Chair, Sen. Denise Ducheny (D-San Diego, 40th District)
* Assembly Aging & Long Term Care Committee - Chair, Assemblymember Patty Berg (D-Eureka, 1st District)
* Assembly Budget Subcommittee #1 on Health & Human Services - Chair, Assemblymember Hector De La Torre (D-Southgate, 50th Dist)

Situation Critical for Persons with Disabilities & Seniors Who Are "Dual Eligibles"
* The informational hearing will likely be an important next step in how California continues to resolve the initial crisis that resulted in confusion and panic by tens of thousands of people with disabilities and seniors, eligible for both Medicare and Medi-Cal, but unable to obtain prescription drugs from their pharmacies when the new federal Medicare drug program took effect on January 1. 
* According to committee background information, approximately 53% of dual eligibles are seniors and 47% are persons with disabilities. 
* These seniors and people with disabilities who are dual eligibles generally must have incomes well below the federal poverty line and minimal assets to qualify for Medi-Cal (Medicaid), and as a group, dual eligibles are much poorer than other persons who are only eligible for Medicare.
* Persons with disabilities and seniors who are dual eligibles also tend to have far more extensive health care needs than those persons who are only on Medicare. According to the committee's background report, more than 50% of persons with disabilities and seniors who are dual eligibles are limited in activities of daily living, and have higher rates of Alzheimer’s disease, diabetes, pulmonary disease and stroke than those persons who are only on Medicare.  According to the committee background information, nearly four in ten or 400,000 of the dual eligibles have a mental or cognitive disabilities that makes it difficult to understand and navigate complicated program changes even if education and communication efforts by the State and federal government are appropriate for an elderly population. 
* More than 40% of persons with disabilities and seniors, according to the committee background, are dual eligibles who are ethnic minorities and are more likely to live in rural areas than other those persons who are only on Medicare. 
* One in four persons with disabilities and seniors who are dual eligibles lives in a nursing home or other long-term care facility and more than 60% live below the federal poverty level.. 

Emergency Drug Coverage Ends On February 11 Unless Legislature Extends It

* On January 12, 2006, Gov. Schwarzenegger issued an emergency order implementing a temporary emergency drug program to pay for prescription drugs for persons with disabilities and seniors who are eligible for both Medicare and Medi-Cal but who were unable to obtain their drugs through their new Medicare drug coverage that took effect on January 1.  The Governor also agreed with legislative leaders to pass emergency legislation immediately to fund the emergency drug program. 
* On January 20, the Governor signed emergency legislation (AB 132) that extended emergency drug coverage to January 27 for tens of thousands of people with disabilities and seniors who are eligible for both Medi-Cal and Medicare but have been unable to obtain their medications under the new federal Medicare Part D Prescription Drug plan. 
* On January 26, the Governor used the authority granted in AB 132, to extend the emergency drug coverage until February 11, 11:59 PM.  The emergency drug coverage will end on that date unless the Legislature passes new legislation to extend it, or the Governor issues another temporary emergency order. 
* The February 1 hearing will likely give the Legislature more information on what next steps should be taken to address the crisis. 

FEB 1 INFORMATIONAL HEARING AGENDA (as updated 1/31/06)
Wednesday, February 1, 2006  1:30 PM, State Capitol, Room 4202

I.   Opening Remarks from Committee Chairs

II.  The State Experience
* Tracy Patterson, Medicare and Medi-Cal Beneficiary, Citrus Heights
* Marta Erismann, Community Outreach Coordinator, California Health Advocates
* Michael Negrete, PharmD, Vice President of Clinical Affairs, California Pharmacists Association
* Stan Rosenstein, Director of Medical Services, Department of Health Services

III.  Federal Response, Planning, and Mitigation
* Jeff Flick, Region 9 Administrator, Federal Centers for Medicare and Medicaid Services
*
Calise I. Muñoz, Esq., Regional Director, Region IX, US Department of Health and Human Services

IV.  Representatives from Plans Providing Medicare Drug Coverage
* Susan Rawlings, Senior Vice President and President, Senior Services, The Wellpoint Companies
* Virginia White, Senior Vice President and Chief Clinical Officer, Health Net Pharmaceutical Services
*  Tom Paul, Chief Pharmacy Officer, United/PacifiCare

V.  Response and Recommendations from Advocates

* David Lipschutz, Staff Attorney, California Health Advocates
* Angela Gilliard, Legislative Advocate, Western Center on Law and Poverty
* Gary Passmore, Director, Congress of California Seniors
* Marty Omoto, Director, California Disability Community Action Network (CDCAN)
* Ramón Castellblanch, PhD, Representative, Senior Action Network & California Alliance of Retired Americans

VI.  Public Comment

How To Receive CDCAN Capitol News Reports and Alerts
The California Disability Community Action Network is a non-partisan link to thousands of Californians with developmental and other disabilities, people with traumatic brain and other injures, seniors and their families, community organizations and providers, direct care and other workers, and other advocates. These action alerts and news reports is for all of them.   If you would like to get on this distribution (and conversely, get off of  it) please send an email with that  request to:  martyomoto@rcip.com OR sign up via the NEW CDCAN website at www.cdcan.us  Sharing information is part of our organizing effort. Please feel free to forward or copy  this (attribution is nice but not necessary). We're all in this together!