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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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