CDCAN
CALIFORNIA DISABILITY
COMMUNITY ACTION NETWORK
DISABILITY RIGHTS
NEWS REPORT
#046-2006 May 16, 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
* Governor Signs Bill By Nunez Extending Emergency Drug
Coverage
* Emergency Drug Coverage for People On Both Medi-Cal &
Medicare
* Thousands of People with Disabilities & Seniors
Impacted
* Several Legislative Republicans Opposed
Bill
SACRAMENTO - Gov. Arnold Schwarzenegger signed AB 813 by
Assembly Speaker Fabian Nunez (Democrat - Los Angeles) that extends
emergency drug coverage impacting hundreds of thousands of people with
disabilities and seniors who are eligible for both Medi-Cal and Medicare and but
unable to receive needed medications under the new federal Medicare prescription
drug program. AB 813, co-authored by Senate President Pro Tem Don Perata
(Democrat - Oakland) extends the emergency drug coverage, which was set to
expire at the end of today (May 16) through January 31, 2007.
State officials believe that
the extension of the emergency drug
coverage provides "ample time" for the federal government and other parties to
resolve issues with the Medicare Part D Drug Program that has been plagued with
problems since it began at the beginning of the year.
On January 1, 2006, under the federal Medicare Modernization
Act passed by the US Congress in 2003, the federal government took
responsibility for prescription drug coverage for the nearly one million
Californians dually eligible for Medi-Cal and Medicare. The transition of these
individuals to federal Medicare drug plans in just one day resulted in an error
rate of 20% according to the California Department of Health Services.
Bi-Partisan Support - But
Several Republicans Oppose Bill
AB 813, passed the Assembly Monday (May
15) 66-5, with all 48 Democrats supporting it, including 18 of the 32
Republicans in the lower house. Five Republicans however voted to oppose the
bill: Assemblymembers DeVore, Haynes,
Huff, Keene and La Malfa. The bill passed the State Senate May 11 by a vote of
29-7, with 24 of the Senate's 25 Democrats and 5 of the 15 Senate Republicans
backing it. The nine opposition votes were all from Republicans -
Senators Aanestad, Ashburn, Battin,
Hollingsworth, Margett, McClintock and George
Runner
Over 1 Million
Prescriptions Filled For 252,000 Californians With
Disabilities/Seniors
According to
the Schwarzenegger Administration, as of midnight, May 15, 2006, the State has
filled more than one million prescriptions, serving more than 252,000
Californians, at a cost of nearly $68 million. AB 813 caps emergency drug
coverage program costs at $120 million. That funding was appropriated in AB 132,
when the emergency program began in January 2006.
The federal government has committed to
reimbursing California for all costs through March 31, 2006, and most
administrative costs of the program.
A new Medi-Cal provider bulletin was issued today by the
California Department of Health Services and is available at the official
Medi-Cal website at http://www.medi-cal.ca.gov OR visit the
CDCAN website at www.cdcan.us for a copy of the latest Medi-Cal
bulletins, or see the special CDCAN Bulletin that will be issued.
Governor, Legislative Leaders Say AB 813 Critical to Vulnerable
Californians
The Governor said
that persons with disabilities and seniors who are required by the new federal
law to use the new Medicare Part D Drug Program"....are still facing problems
when filling prescriptions for lifesaving medications," and that AB 813 "...
ensures vulnerable Californians do not suffer when the federal Medicare
prescription drug program fails. In addition, this new law contains safeguards
to ensure the state only pays when there is no other option."
Assembly
Speaker Nunez said that “This legislation provides a safety net for California’s
most vulnerable so they don’t have to suffer while the federal government tries
to fix its missteps. Continuing emergency prescription drug coverage to our most
vulnerable – the frail, elderly and the disabled – allows them to stay on
important medical regimes and frankly, survive Washington DC’s failures. While
the President and Congress have surely failed the people of our state by
implementing this dubious ‘coverage’ program, I applaud my colleagues on the
other side of the aisle for joining us in this effort."
Senate President
Pro Tem Perata observed that AB 813 “...goes the extra mile to safeguard vital
medications for California’s poor, disabled and disadvantaged. By extending this
program through the end of the year, we are giving the federal government time
to iron out the kinks in its new Medicare plan while ensuring that if it
doesn’t, the Legislature will be able to step
in.”
Advocates Praise Action By
Governor and Legislature
Disability and senior advocates across the State - many at odds with
the Schwarzenegger Administration on other issues, have widely praised the
Governor's actions in creating and then extending the emergency program that
potentially impacts over 1 million persons with disabilities (including people
with developmental disabilities) and seniors who are eligible for both Medi-Cal
and Medicare services and unable to obtain medications under the new federal
Medicare Part D Drug Program that began January 1. Advocates also praised
the swift action by the Legislature in approving AB 813, including previous
bills that extended the program since January - but harshly criticized the
federal government for its response in implementing the Medicare Part D Drug
program.
Hundreds of
Thousands of People With Disabilities & Seniors
Impacted
* In mid-January, the
California Department of Health Services, which oversees the state's Medicaid
program (called Medi-Cal) estimated that over 200,000 of the State's 1 million
persons with developmental or other disabilities and seniors who are dually
eligible for both Medi-Cal and Medicare, were unable to obtain their
needed medications or had significant problems - an error rate by the federal
government of over 20%.
* The
California Department of Health Services says that most of these people have
received their medications through the emergency drug coverage
program. Adding to that
number, at the beginning of each month (February 1, March 1, April 1, etc), the
number of Californians who could be impacted by the Medicare Part D Drug Program
crisis increases by 10,000 persons with disabilities and seniors who are newly
eligible for both Medicare and Medi-Cal. These newly eligible persons are likely
to experience problems due to backlog by the federal government and/or by the
eight designated drug plans in California.
* As of January 19,
2006, the State had filled 77,514
prescriptions under the emergency drug plan.
* As of January 25, 2006, the
State had filled 141,211 prescriptions at a cost of $11.4
million
* As of
February 8, 2006, the State had
filled 278,929 prescriptions at a cost of $20.3 million in state general fund
dollars.
* As of March 16, 2006,
the State had filled 585,864 prescriptions for 190,846 people who are eligible
for both Medi-Cal and Medicare with at a cost of nearly $39.7 million under the
emergency drug coverage plan (the cost being reimbursed by the federal
government).
* As of April 14, the state has spent over $53 million on the
emergency drug program - of which about $47 million the Department of Health
Services says will be reimbursed by the federal government (which covers
emergency drug coverage costs up to and including March 31).
* As of midnight May 15, 2006, the
State has filled more than one million prescriptions, serving more than 252,000
Californians, at a cost of nearly $68 million.
CDCAN VOTE RECORD REPORT - ASSEMBLY FLOOR VOTE
AB 813 -
Emergency Drug Coverage Program Extension
Author: Assemblymember
Fabian Nunez (Democrat - Los Angeles, 46th District)
Action 05/15/06:
Passed by Assembly 66-5 (approves amendments made in Senate). Sent To
Governor.
Voting AYE - 66
Democrats (48): Arambula, Baca,
Bass, Berg, Bermundez, Calderon, Canciamilla, Chan, Chavez, Chu, Cohn,
Coto, De La Torre, Dymally, Evans, Frommer, Goldberg, Jerome Horton, Hancock,
Jones, Karnette, Klehs, Koretz, Laird, Leno, Levine, Lieber, Lieu, Liu,
Matthews, Montanez, Mullin, Nation, Nava, Negrete McLeod, Nunez (Assembly
Speaker), Oropeza, Parra, Pavley, Ridley-Thomas, Ruskin, Saldana, Salinas,
Torrico, Umberg, Vargas, Wolk, and Yee
Republicans (18): Aghazarian, Benoit,
Bogh, Daucher, Emmerson, Garcia, Harman, Shirley Horton, Houston, Mountjoy,
Nakanishi, Plescia (Assembly Republican Leader), Richman, Sharon Runner,
Strickland, Tran, Walters, and Wyland
Voting NO - 5
Democrats
(0): -none-
Republicans (5): DeVore, Haynes, Huff, Keene and La
Malfa
Not Voting, Absent or Abstain (9):
Democrats (0):
-none-
Republicans (9): Blakeslee, Cogdill, La Suer, Leslie, Maze, McCarthy,
Niello, Spitzer and Villines
CDCAN VOTE RECORD
REPORT - SENATE FLOOR VOTE
AB
813 - Emergency Drug Coverage Program Extension
Author:
Assemblymember Fabian Nunez (Democrat - Los Angeles, 46th District)
Action 05/11/06: Passed by Senate 29-7. To Assembly for approval
(concurrence) in amendments made in Senate. .
Voting AYE -
29
Democrats (24): Alarcon, Alquist, Bowen, Cedillo, Chesbro, Ducheny,
Dunn, Escutia, Figueroa, Florez, Kehoe, Kuehl, Lowenthal, Machado, Migden,
Murray, Ortiz, Perata (Senate President Pro Tem), Romero, Scott, Simitian,
Speier, Torlakson, and Vincent
Republicans (5): Ackerman (Senate Republican
Leader), Cox, Denham, Maldonado, and Poochigian
Voting NO -
7
Democrats (0): -none-
Republicans (7): Aanestad, Ashburn,
Battin, Hollingsworth, Margett, McClintock and George Runner
Not Voting,
Absent or Abstain (4):
Democrats (1): Soto
Republicans (9): Dutton,
Morrow
Note: also one vacancy (35th Senate
District)
CDCAN Capitol News Reports and Alerts
These CDCAN Reports are
partially funded by a small grant from the USC UCEDD, Grant #90DD0540 from the
Administration on Developmental Disabilities. The opinions expressed or
content in these reports do not necessarily reflect the views or opinions of the
USC UCEDD.
The California Disability Community Action Network is a
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including people of color, people of every type of disability, including people
with physical disabilities, people with developmental and other disabilities,
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MANY
THANKS to Training Toward Self Reliance, UCP, California NAELA, Californians for
Disability Rights, Inc (CDR), CHANCE Inc, Parents Helping Parents, Arriba,
Strategies Toward Empowering People, Parents Helping Parents, Asian American
parents groups, Resources for Independent Living and many other Independent
Living Centers, several regional centers, People First chapters, IHSS workers,
other self advocacy and family support groups, developmental center families,
and hundreds of individuals including Bob Scrivano, Maureen Fitzgerald, Terri
Lantz, Christal Hopkins, Lisa Brown, Anna Wang, Dennis Dishaw, Bob Benson, David
Engberg, Connie Arnold, and so many others who through their support and
contributions, make the non-partisan CDCAN reports and townhall telemeetings
possible. Thanks also to partnerships and the good people with the State
Council on Developmental Disabilities, and also the Department of Health
Services, the Department of Developmental Services, Department of Social
Services and the CA Health and Human Services Agency and other agencies, and the
State Legislature and staff, the Legislative Analyst Office. Good people
who do good things can make a difference
together.