CDCAN DISABILITY RIGHTS NEWS REPORT
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News Impacting People With Disabilities, Mental Health Needs, Seniors & others, including Asian Pacific Islanders, Latinos, African Americans communities across California and beyond
Goes out to over 45,000 people, organizations, policy makers across California
REPLY TO: MARTY OMOTOmartyomoto@rcip.com   website:   www.cdcan.us
 REPORT #084-2008  -  APRIL 23, 2008 - WEDNESDAY
 
 
Federal Legislative Update:
* US HOUSE PASSES HR 5613 MEDICAID BILL
* VOTE IS 349 to 62 - ENOUGH TO OVERRIDE VETO
* WOULD DELAY 1 YEAR 7 MEDICAID REGULATIONS
* PASSAGE SEEN AS "VICTORY" FOR ADVOCATES
* Governor Schwarzenegger Praises House Action
* Lawsuit Filed In LA To Stop Medi-Cal Cuts
Major Impact for People with Disabilities, Mental Health Needs, Seniors, Providers
 
WASHINGTON DC  (CDCAN) - In a stunning defeat for the Bush Administration, the US House of Representatives voted overwhelmingly today (April 23)  349 to 62 (with 20 members not voting) to approve HR 5613 which would delay for one year at least seven federal Medicaid regulations that supporters of the bill say would result in cuts over $33 billion to the program nationwide over the next ten years.  
 
The House vote - which included a large number of Republicans, drew enough support to have sufficient number of votes to override a threatened veto of the President.  Supporters say that the bill will have enough votes in the US Senate, where it heads next, to also override any veto of the President. 
 
From the California congressional delegation, HR 5613 was supported by 32 Democrats and 13 Republicans from the State. Only 4 House members from California - all Republicans - opposed the bill.  Three California House members did not vote (2 Republicans and 1 Democrat).  (see below for complete CDCAN vote record report)
 
"They know the devastating effects these rules would have on local communities, upon hospitals, and upon vulnerable beneficiaries." Dingell said today on the House floor.  Dingell's committee approved the bill earlier in April by a vote of 46 to 0. 
 
Federal Medicaid Regulations Big 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 Medicaid 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. 
 
Measure Titled "Protecting the Medicaid Safety Net Act of 2008"
* 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 now has 219 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.
* 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
 
CDCAN Vote Record Report
HR 5613 - PROTECTING THE MEDICAID SAFETY NET ACT OF 2008
LATEST ACTION 04/23/08: On Motion to Suspend the Rules and Pass, As Amended  (Passed House) by vote of 349 ayes to 62 noes with 20 not voting. 
CALIFORNIA MEMBERS OF CONGRESS VOTING AYE (45 total)
* DEMOCRATS (32): Joe Baca, Xavier Becerra, Howard Berman, Lois Capps, Dennis Cardoza, Jim Costa, Susan Davis, Anna Eshoo, Sam Farr, Bob Filner, Jane Harman, Mike Honda, Barbara Lee, Zoe Lofgren, Doris Matsui, Jerry McNerney, George Miller, Grace Napolitano, Laura Richardson, Lucille Roybal-Allard, Loretta Sanchez, Linda Sanchez, Adam Schiff, Brad Sherman, Hilda Solis, Jackie Speier, Pete Stark, Ellen Tauscher, Mike Thompson, Diane Watson, Henry Waxman, Lynn Woolsey
* REPUBLICANS (13): Brian Bilbray, Mary Bono Mack, Ken Calvert, David Dreier, Elton Gallegly, Duncan Hunter, Jerry Lewis, Daniel Lungren, Kevin McCarthy, Gary Miller, Devin Nunes, George Radanovich,  and Dana Rohrabacher
CALIFORNIA MEMBERS OF CONGRESS VOTING NO (4 total)
* DEMOCRATS (0):  -none-
* REPUBLICANS (4): John Doolittle, Wally Herger, Darrell Issa, and Buck McKeon
CALIFORNIA MEMBERS OF CONGRESS NOT VOTING (3):
* DEMOCRATS (1): Maxine Waters
* REPUBLICANS (2): John Campbell and Edward Royce
 
US Senate Will Act On Bill Next
* HR 5613 must first move through the Senate Finance Committee and then a  vote on the Senate floor. A similar bill was introduced earlier this month in the US Senate by US Sen. John D. Rockefeller IV (Democrat - West Virginia)
* Senate Finance Committee Chair Max Baucus (Democrat - Montana). praised HR 5613, and said he intended to
work with senators "on strategies to stop harmful Medicaid regulations as well."
* US Sen. Charles Grassley (Republican - Iowa), opposing the delay of the 7 Medicaid regulations said that "It is an absolute farce for anyone to argue that all of those dollars are being appropriately spent and that Congress ought to just walk away from these issues."  He believes that the US Senate Finance Committee should fix any problems instead of "...just trying to make the [federal Medicaid] regulations go away".
 
Bush Administration Threatens Veto
* The Bush Administration said that the President would veto the bill if it gets to him.  In a statement released after the House vote, the White House said that HR 5613 would delay``important regulations protecting the fiscal integrity of the Medicaid program, would put billions of dollars of federal funds at risk and would turn back progress that has already been made to stop abusive state practices."
*  US Health and Human Services Secretary Mike Leavitt told Congress that any delay of the Medicaid regulations "...puts billions of dollars of federal funds at risk, and may turn back progress that has already been made to stop abusive state practices."
 
Gov. Schwarzenegger Praises Passage of Bill
Governor Arnold Schwarzenegger, along with the governors of the other 49 states, strongly supported passage of the bill saying today he applauded the US House of Representatives for approving HR 5613 "...on a bipartisan basis to protect medical services for vulnerable Californians and reimbursements to safety net and teaching hospitals, local governments, school districts, and numerous state agencies."
The Republican Governor said that "This one-year delay in implementing numerous federal Medicaid regulations will allow for the necessary time to study the impacts of these rules and work to prevent the shift of billions of dollars in federal costs to California taxpayers. Clearly, this legislation has strong bipartisan support, so I urge the Senate to move ahead quickly with similar legislation and for the President to reconsider his opposition"
 
Federal Regulations Come When California Medi-Cal Program Facing Major Cuts
The federal regulations come at a time when California is facing an  enormous and still growing budget shortfall, resulting in over $1 billion worth of cuts to the Medi-Cal program beginning July 1, 2008 in permanent Medi-Cal 10% rate reductions for most Medi-Cal providers, including Adult Day Health, durable equipment providers and others, and proposals to eliminate several (but not all) of the Medi-Cal "optional benefits". 
 
The California Legislature approved a package of special session bills in February that included a 10% rate reduction of most Medi-Cal providers as proposed by the Governor, though with an effective date of July 1, 2008 instead of June 1, 2008.  
 
The Legislature has not yet taken final action on other proposed reductions to the Medi-Cal program, including permanently eliminating 11 Medi-Cal "optional benefits" and reinstating Medi-Cal quarterly status reports. 
 
Unlike those cuts however, Schwarzenegger Administration officials, Democratic state legislative leaders, counties, advocates are united in opposing implementation of the federal Medicaid regulations that would mean the loss of billions of dollars to the states. 
 
Lawsuit Filed To Stop California Medi-Cal Cuts
A lawsuit was filed in Los Angeles on on Tuesday (April 22) to stop the Medi-Cal rate cut (go to CDCAN website at www.cdcan.us for copy of suit and see separate CDCAN Report for details). 
 
Meanwhile the County of San Francisco and possibly other counties and advocacy groups indicated they will file a law suit to stop the provider rate cut. 
 
Federal Medicaid 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.
 
 
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