On Monday, January 7, 2013, I arrive in Richmond for my eighth General Assembly Session, my second as Democratic Leader in the House.

Each General Assembly session takes on a special character and tone and this one will be no different. Last year’s session garnered national headlines as Republicans pushed socially divisive legislation, including a bill to force women to have an invasive ultrasound procedure before terminating a pregnancy, and numerous bills that made it more difficult for Virginia citizens to exercise their right to vote. We are less likely to see similar legislation this session, but until the bills are introduced, it’s an unknown. Below is a list of issues that you are likely to read about in the coming months:

Fiscal Cliff/Sequestration

Virginia will be affected by decisions made in Washington, D.C. more acutely than almost any other state, given our reliance on defense contracts and federal spending. We avoided the first fiscal cliff, but Virginia’s dependence on defense spending and federal procurement makes us very vulnerable to budget decisions made in Washington. Americans have clearly indicated their preference for a balanced approach to solving our budget problems – a position I fully support. The actions in Washington will be unfolding as our General Assembly convenes, and much of our budget discussions will be affected by these federal decisions. I fear the debates may provide a rationale for draconian cuts in spending at the state level. I will oppose these cuts because we need to invest more than ever in our educational system and transportation network.

Transportation

Governor McDonnell has spoken about transportation for the last three years, but, with the exception of a bonding program that simply increases our debt, the situation has only gotten worse. Even the Governor now admits that there is a severe lack of money for maintenance and that we will likely have no money for construction of roads in Virginia within the next several years. To date, his proposed solutions put a band aid on a large wound. A comprehensive transportation bill has been proposed in the Senate, and it will likely get considerable attention this session because it raises revenues. Whether it has a chance of surviving the Republican House, which is controlled by legislators who have taken conservative-libertarian Grover Norquist’s “no tax increase” pledge, is anyone’s guess. To remain competitive in the 21st century, we must invest in our infrastructure, and transportation is at the top of the list. Virginia has fallen from its position as the best state to do business in the nation largely because we have not properly responded to our transportation challenges. We risk falling farther if we do not address our critical needs to improve our infrastructure.

Educational Reform

There will be much discussion of educational reform this session, but I believe that until we provide local school divisions more flexibility to innovate and pay teachers what they deserve, our students will be challenged to obtain the education that they need to compete in the years ahead. Again, this will take more resources, and will require legislators to make it a priority in the budget.

Uranium Mining

There will be a bill introduced in the General Assembly to lift the moratorium on uranium mining and allow for the creation of regulations that would permit it to occur safely with adequate protections for the environment. There is no doubt about the much-needed economic activity this would bring to Pittsylvania County. There are serious concerns, however, about how safely it can be done and whether adequate protections can be put in place to protect our water supplies and our citizens. The prospects for passing such a bill are very difficult to predict.

Expanding the Vote

Last year, Republicans made a number of changes in our voting laws designed to address a so-called problem of fraud that no one had identified. What we were left with at the polls were long lines and efforts to discourage people from voting. This is simply unacceptable. I am supporting bills designed to make voting easier and quicker, including proposals for early voting, extending the voting day, and requiring additional voting machines so that people do not have to wait so long in line.

University of Virginia and the Rector

The General Assembly will decide whether to support the Governor’s recommended reappointment of Rector Helen Dragas to the University Board of Visitors. Given what happened last summer, I will not vote for reappointment. Beyond that, I have introduced several bills to change the appointment process, including one to install a faculty member on the Board.

The Governor’s “State of the Commonwealth” address is on Wednesday, January 9, at 7:00 p.m. As Democratic Leader in the House of Delegates, I will give our response immediately following his speech.

Finally, I am honored to represent you in Richmond and would like your input on these and other issues. I hope you will take a few minutes to complete my pre-session survey available on my website. You may also share your comments with me at david@davidtoscano.com.

I will be home on weekends to meet with constituents, be with my family, and maintain my law practice. I look forward to hearing from you and appreciate the opportunity to represent you in the General Assembly.

Sincerely,

David

 

Supreme Court decision on healthcare means new challenges for Virginia
August 6, 2012

While most Americans concerned about healthcare have been focused on the Supreme Court and the U.S. Congress, there are critical decisions that need to be made by Virginia in the aftermath of the Supreme Court’s decision to uphold the federal law. First, Virginia needs to decide whether we wish to create a marketplace for choice and competition in the healthcare plan arena. The federal law uses the term “health care exchange”, but a better phrase is the “Virginia Health Care Marketplace”. Second, we need to decide whether to extend coverage to more Virginians under the Medicaid program, primarily using federal dollars to do so. While these decisions are not easy, we should focus on them now, and not wait, as Governor McDonnell wants to do.

State insurance exchanges originated as a Republican idea to offer a menu of private insurance plans from which small businesses and individuals could choose. Under this approach, Virginians would be able to choose a plan of private insurance that is right for them. The exchanges would be designed to facilitate competition among private insurers and allow Virginians to compare the prices and products offered by those insurance companies.

Under the federal law, the exchanges can either be established by each individual state, or they can be imposed by the federal government. As of June 5, 2012, ten states and the District of Columbia had enacted legislation to establish state-based health insurance exchanges. Our Governor has dragged his feet, perhaps fearing that accepting any federal dollars to do health care reform will make him appear weak in the eyes of conservatives. But his failure to act leaves Virginians with fewer choices and creates the possibility that whatever exchange eventually develops will be controlled by Washington rather than Richmond. If you like competition and choice, you should advocate for the Virginia Healthcare Marketplace, and encourage the Governor to call a special session so that the marketplace can be established and controlled by Virginians.

The second issue facing the Commonwealth is whether we wish to extend Medicaid to almost 250,000 low and moderate income persons that do not presently qualify. While Medicaid is a healthcare program operated by the state, one-half of its funding comes as reimbursement from the federal government. Under the new federal law, for the first 3 years, the federal government will reimburse the state 100% of the cost of the proposed Medicaid expansion; after that, the percentage will gradually decline so that 10 years from now only 90% of the cost will be reimbursed. The 57th District includes 80,778 residents, 13% of which already receive Medicaid benefits. Of those beneficiaries, 58% are children, 4% are pregnant mothers, and 21% are elderly, blind, or disabled. States have the option of expanding their Medicaid program to all individuals with incomes up to 133% of the federal poverty level (present poverty threshold for a family of four is $23,050). According to the Kaiser Family Foundation, choosing this option will allow 245,840 uninsured Virginians to receive Medicaid coverage. This will help low income Virginians and likely reduce costs for large hospitals like U.Va., which presently “write off” many costs for indigent care. Those “write offs” show up as extra costs, either to the state, which provides hospitals with some reimbursement for indigent care, or in increasing premiums for those who already have health insurance.

It is projected that Virginia Medicaid spending would increase 1.8% from 2014 to 2019 if we extend coverage to more Virginians. The Governor’s Virginia Health Reform Initiative Advisory Council estimated that uncompensated costs for the uninsured presently amounts to $1.65 billion per year; the council found that the Medicaid expansion could reduce these costs by about half. Of the 50 states, Virginia’s Medicaid program ranks 48th in the country in per capita benefits, primarily because the eligibility thresholds exclude most working-age adults from coverage. Beyond that, our Medicaid reimbursement rates for hospitals and doctors are among the worst in the country and are seemingly cut every year. While it is true that Medicaid expenditures consume an increasing percentage of the state budget, and certain reforms are necessary to get some of the costs under control, the issue of whether to take federal monies to assist thousands of Virginians with healthcare costs is a debate that we need to be having – and having now.

As always, it is an honor to represent you in the General Assembly. I encourage you to let me know your thoughts and concerns about how we are doing as a Commonwealth.

Sincerely,

David