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VOR Weekly E-Mail Update
May 2, 2008
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Table of Contents
FEDERAL BILL / ISSUES UPDATE
1. H.R. 3995 update – The number of cosponsors continue to
increase – is your Rep on the list?
2. House passes veto proof Medicaid Regulation Moratorium bill;
Senate is considering – calls needed.
3. Call in to support the Idea Fairness Restoration Act, May 6.
4. House panel unimpressed by disability backlog reducation
5. Senate unanimously passes genetic nondiscrimination bill.
Next week: Focus on the state budgets
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1. H.R. 3995 update – The number of cosponsors continue to
increase – is your Rep on the list?
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If your Representative is not listed as a cosponsor yet,
contact your Representative today. Please call even if you have
called before. Ask for the Health LA. Ask that your
Representative COSPONSOR H.R. 3995.
H.R. 3995, if passed, will require that before
federally-financed class action lawsuits against
Medicaid-certified and funded ICFs/MR can proceed, residents and
guardians must receive notice of the lawsuit and be given a
time-limited opportunity to opt-out of the proposed lawsuit, or
do nothing and join in.
Visit http://vor.net/HR3995ActionAlert.htm for additional H.R.
3995 information. Contact Tamie with any questions and to
receive H.R. 3995 advocacy materials (605-399-1624; tamie327@hotmail.com).
Visit http://www.congress.org to find out who your
Representative is and for contact information.
CALL TODAY
H.R. 3995 Cosponsors so far:
Rep. Charles Boustany, Jr. (D-LA)
Rep. Steve Cohen (D-TN)
Rep. Michael Capuano (D-MA)
Rep. Bob Etheridge (D-NC)
Rep. Bob Filner (D-CA)
Rep. Charles Gonzales (D-TX)
Rep. Stephen Lynch (D-MA)
Rep. John Larson (D-CT)
Rep. Doris Matsui (D-CA)
Rep. James McGovern (D-MA)
Rep. Brad Miller (D-NC)
Rep. James Moran (D-VA)
Rep. Ron Paul (R-TX)
Rep. Todd Platts (R-PA)
Rep. Ted Poe (R-TX)
Rep. Christopher Shays (R-CT)
Rep. Pete Stark (D-CA)
Rep. Tim Walberg (R-MI)
Rep. Carol Shea-Porter (D-NH)
Rep. Debbie Wasserman Schultz (D-FL)
Rep. Lynn Woolsey (D-CA)
Pending: These offices have directly asked to be added as
cosponsors, but have not yet been officially added: Rep. Gary
Miller (R-CA) and Rep. Peter Roskam (R-IL).
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2. House passes veto proof Medicaid Regulation Moratorium bill;
Senate is considering – calls needed.
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Source: Families USA, e-updates from Monday, April 28 and
Tuesday, April 29:
The Administration has proposed seven (7) Medicaid regulations
that could have a serious impact on the ability of people with
disabilities to access critical services. In addition to
concerns about the impact of these regulations, some states have
alleged in a lawsuit that the Administration went beyond its
rulemaking authority with these regulatory proposals.
Congress has responded by introducing H.R. 5613, the Protecting
the Medicaid Safety Net Act, which responsibly suggests that
implementation of these regulations be put on hold until the
real impact on beneficiaries can be studied.
Last week, the House overwhelmingly passed H.R. 5613.
On Monday, April 28, Senate Majority Leader Reid “hotlined” H.R.
5613, the Protecting the Medicaid Safety Net Act, meaning he
asked for unanimous consent so that the Senate can proceed to
the immediate consideration of a bill, bypassing Senate Finance
Committee consideration. Any Senator can object, and we
understand that Senator Grassley (Ranking Member of the Senate
Finance Committee) already did. We believe Reid's action was in
response to efforts by HHS Secretary Leavitt and others to
obstruct Democrats from quickly passing this bill. Senator
Reid’s move sends a strong message about the Democratic
leadership's support for moving all seven regulations together
and to move this bill forward in a timely manner.
TO SUPPORT PASSAGE OF H.R. 5613, click here -
http://ga3.org/campaign/badmedicine_email - for a FAMILIES USA
action alert.
For more information about the seven Medicaid regulations visit,
http://www.kff.org/medicaid/7739.cfm.
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3. COPAA Call to Action - Support the H.R. 4188, the Idea
Fairness Restoration Act
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(Note: This is being shared for your information. VOR does
not yet have a position on H.R. 4188).
The Council of Parent Attorneys and Advocates (www.copaa.org) a
national voice for special education rights and advocacy, is
coordinating a national call in day on Tuesday, May 6, to seek
support for H.R. 4188, the Idea Fairness Restoration Act.
This bill will allow parents who prevail in due process or
litigation under IDEA recover their expert witness fees. The
bill would override the Supreme Court's decision in Arlington
Central School District v. Murphy (2006) and allow parents who
prevail in due process or litigation to be reimbursed for their
expert witness fees. When prevailing parents cannot recover
expert costs, the playing field is neither level nor fair, and
children are denied a free appropriate public education and
other fundamental IDEA rights. School districts can use tax
dollars to employ and pay for psychologists and other paid
experts. Parents have fewer resources and yet must bear a
greater financial burden.
H.R. 4188 was introduced by Congressman Chris Van Hollen
(Maryland) and Pete Sessions (Texas), it will help level the
playing field for the parents of millions of children with
disabilities.
The Council of Parent Attorneys and Advocacy is asking everyone
in support of H.R. 4188 to call Congress on Tuesday, May 6, 2008
and ask them to Cosponsor H.R. 4188: 202-224-3121
For more information, see http://www.copaa.org/pdf/MurphyBrochure.pdf
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4. House panel unimpressed by disability backlog reduction
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CongressDailyPM – Wednesday, April 23, 2008
By Elaine S. Povich
Social Security Commissioner Michael Astrue said today his
agency is making progress in cleaning up the huge backlog of
disability cases, but that the task will still be long and
difficult, and cannot be accomplished if Congress wavers on
increasing its budget.
Astrue said he has “significant hope” for more progress in the
coming year, with the goal of eliminating the tens of thousands
of backlogged cases by 2013.
“We are trying to beat that goal,” he told the House Ways and
Means Committee. One of the steps the agency is taking is
increasing the number of administrative law judges who handle
disputes about disability claims from 150 to 175, Astrue said.
That increase should step up the pace, he said.
Members noted the Social Security administrative budget was cut
significantly between 1999-2007. For FY08, Congress appropriated
$148 million over the president's request, but still short of
the $10.1 billion requested by the Social Security
Administration.
Astrue said with additional funds and additional personnel, the
agency can begin to tackle the backlog, which has resulted in
some disability cases dragging on for 1,000 days before they are
settled. Meanwhile, the people claiming disability are getting
sicker or more disabled, according to committee members.
I want everyone go have a sense of outrage because our
constituents who file these claims have every right to feel
outraged, said Rep. Sander Levin, D-Mich. “What do we say to
someone who has been waiting two years?”
In response, Astrue said his agency is making progress in
cutting down the backlog of cases which members of Congress said
now includes 1.3 million individuals. He said the number of
cases being settled now exceeds the number of new cases being
filed and that productivity is up 10 percent.
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5. Senate unanimously passes genetic nondiscrimination bill
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Source: AADMD, 4/25/08
The Wall Street Journal (4/25, A11, Zhang, Wang) reports
that with a unanimous vote of 95 to 0, the Senate approved
"landmark legislation barring insurers and employers from
discriminating based on a person's genetic makeup, a move many
employers dislike but one that could accelerate both genetic
testing and research on personalized medicine." Next week, the
"same bill is expected to sail through the House...and on to
President Bush, who is expected to sign it."
According to the Los Angeles Times (4/25, Alonso-Zaldivar), the
Genetic Nondiscrimination Act "does more than protect those who
undergo genetic testing: It marks a significant milestone in the
effort to develop a 21st century architecture of laws to govern
the revolutionary changes sweeping science and medicine." The
Times calls the bill "notable because while scientific changes
are occurring at a rapid pace, agreement on how to deal with the
consequences is lagging."
The AP (4/25, Abrams) adds that there are currently "more than
1,100 genetic tests available." These "test[s] could lead to
early, lifesaving therapy for a wide range of diseases with
hereditary links such as breast and prostate cancer, diabetes,
heart disease, and Parkinson's disease."
The Baltimore Sun (4/25, Rockoff) explains that the "legislation
would bar health insurers from using genetic information to deny
coverage or raise the rates on customers. It would also prevent
employers from hiring, firing or placing employees based on the
information." Furthermore, "[n]either insurers nor employers
could require genetic testing."
Bloomberg (4/25, Waters, Marcus) notes that the bill may "remove
an obstacle that keeps some people from getting tested to find
out whether they have a high risk of developing diseases."
Under the bill, insurers who are found to have "violat[ed]
consumers' genetic privacy" can "be fined up to $500,000." The
bill also "prevents medical insurers or employers from requiring
genetic tests as a condition of coverage or employment," WebMD
(4/24, Zwillich) points.
Modern Healthcare (4/25, Lubell), Reuters (4/25, Dunham),
Scientific American (4/24, Watson, Crick), Congressional
Quarterly (4/25), The Hill (4/25, Alarkon), and the BBC (4/25),
also cover the story.
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Tamie Hopp
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