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REPLY TO: MARTY OMOTO -  martyomoto@rcip.com   website:   www.cdcan.us

 REPORT #077-2008  -  APRIL 18, 2008 - FRIDAY

 

 

REMEMBERING BETTY BACON:  A celebration of the life of Betty Bacon, a long time disability advocate will be held on April 20th, Sunday at 2:00 PM at the Town and Country Resort hotel in San Diego.  Betty Bacon passed away Sunday February 24, 2008 after a brief illness at age 61.  She was loved by many in her community and across the State for her leadership and example. 

 

Federal Update

* HOUSE COMMITTEE VOTES TO BLOCK MEDICAID CUTS

* VOTES 46-0 TO APPROVE BILL TO DELAY 7 REGULATIONS

 

SACRAMENTO (CDCAN) -  The US House Committee on Energy and Commerce approved on a bi-partisan vote of 46 to 0 (on April 16), HR 5613,  that would put in place a temporary, one-year moratorium on seven Medicaid regulations proposed by the Bush Administration that advocates say will make significant cuts to the program over the next five years. 

 

The measure, titled "Protecting the Medicaid Safety Net Act of 2008" was introduced on March 13 by committee chair Rep. John D. Dingell (Democrat - Michigan) and Rep. Tim Murphy (Republican - Pennsylvania).  It has 204 other co-sponsors, including 33 members (all Democrats except one Republican - Mary Bono Mack of Palm Springs) of the 53 member California congressional delegation.  The two California Democrats who have not yet officially signed on to the bill are House Speaker Pelosi and newly elected Rep. Jackie Speier of San Mateo.  The House Committee is controlled by Democrats with 31 members to 26 Republican members.

 

A similar bill in the US Senate,  S. 2819, was introduced on April 3 by Sen. John D. Rockefeller IV (Democrat - West Virginia) and Sen. Edward M. Kennedy (Democrat - Massachusetts) and was referred to the US Senate Committee on Finance.  No further actions have been taken on the bill, which has 20 co-sponsors including California's two US Democratic Senators, Dianne Feinstein and Barbara Boxer .

 

Copies of both bills can be viewed or downloaded from the CDCAN website at www.cdcan.us

 

Regulations Have Significant Impact on People With Disabilities, Seniors & Others

During the past year, the .US Department of Health and Human Services (HHS) has issued a number of regulations that would have made dramatic changes to Medicaid policies and eliminate or reduce federal Mediciaid funding to the states for a number of services and programs.  

The regulations have significant impact on children and adults with disabilities, mental health needs, seniors and others who receive Medi-Cal services in California, and also those who provide services and supports. 

 

Regulations Covered by HR 5613

The regulations that would be impacted by HR 5613 and delayed if the measure passes out of Congress and is signed into law by the President include one regulation that has already gone into effect as of March 3.

* Targeted Case Management services that allow people with disabilities to remain in the community

* Coverage of rehabilitation services for people with disabilities

* Outreach and enrollment in schools as well as specialized medical transportation to school for children covered by Medicaid (Medi-Cal in California)

* Graduate medical education payments

* Coverage of hospital clinic services

* Payments provided to public safety net institutions

* State provider tax laws  and appeals filed through the US Department of Health and Human Services

 

Supporters Say HR 5613 Has Provisions To Fully Pay For It

Supporters of HR 5613 say that it includes two provisions to ensure that the bill is fully paid for - critical components that helped to win the support of every Republican and Democrat on the committee:

* Extends an electronic asset verification demonstration for Medicaid applicants and recipients

* Borrows funds from the Physician Assistance and Quality Improvement (PAQI) Fund in 2013 that will be replenished in 2014.

The legislation also ensures that fraud and abuse safeguards are integrated into the electronic asset verification contracting process.

 

Federal Regulations Come When California Medi-Cal Program Facing Major Cuts

Rep. Frank Pallone (Democrat - New Jersey), chair of the US House Committee on Energy and Commerece's  Subcommittee on Health, said that "...by passing this legislation, we are delaying regulations that undermine the longstanding partnership between the federal and state government that should not be implemented without considerable research on how they will impact millions of vulnerable Americans."

The ranking Republican member on of the full committee, Rep. Joe Barton (Republican -Texas) said on Wednesday that he was supporting the the legislation because “...this committee is once again showing that it can place policy ahead of politics and set a positive example for the rest of the Congress to follow…I will vote for final passage of the bill today and I would urge my colleagues on both sides to do the same.”

 

Governor Schwarzenegger Praises House Action

Republican Governor Arnold Schwarzenegger, who with nearly every governor supported HR 5613, praised the House action saying that  "I applaud the many members of the California Congressional Delegation for their support of this legislation and I am confident this positive first step will result in a bill the President can sign into law in the near future."

 

The Governor said that  he has worked with members of California's Congressional Delegation and governors from across the nation calling for a suspension of the Medicaid regulations "...to allow a more thorough review by Congress.  If these rules move forward as envisioned, more than $12 billion in federal Medicaid payments to California would be at risk over the next five years." 

The Governor added that the delay in the federal Medicaid regulations are critical because if the regulations were implemented it would "...impact services to vulnerable Californians and cut reimbursements to safety net and teaching hospitals across the state as well as local governments, school districts and numerous state agencies."

 

SUMMARY OF HR 5613

TITLE: Protecting the Medicaid Safety Net Act of 2008  

SPONSOR (AUTHOR):  

Rep John D. Dingell (Democrat - Michigan, 15th District) 

CO-SPONSORS: 205 members (so far)

INTRODUCED: 03/13/08

LAST MAJOR ACTION 04/16/08: Passed out of House Committee on Energy and Commerce (without recommendation (amended) by vote of 46 to 0.  [57 committee members total]

SUMMARY:

* Amends the US Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Appropriations Act, 2007 to extend until April 1, 2009, the moratorium on implementation of a proposed rule ("Medicaid Program; Cost Limit for Providers Operated by Units of Government and Provisions To Ensure the Integrity of Federal-State Financial Partnership") relating to the federal-state financial partnerships under titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act.
* Extends until April 1, 2009, the moratorium on any action by the Secretary of US Department of Health and Human Services to restrict Medicaid payments for graduate medical education (GME).
* Amends the Medicare, Medicaid, and SCHIP Extension Act of 2007 to extend until April 1, 2009, the moratorium on certain restrictions relating to Medicaid coverage or payment for rehabilitation services or school-based administration and school-based transportation, including specified proposed regulations, if such restrictions are more restrictive in any aspect than those applied to such areas as of July 1, 2007.

* Imposes additional moratoriums until April 1, 2009, on the following regulatory actions concerning Medicaid:

(1) treatment of optional case management services

(2) outpatient hospital services; and

(3) allowable provider taxes.

 

LIST OF  ALL 53 CALIFORNIA HOUSE MEMBERS

 

 

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