With the decision in King v. Burwell, the Supreme Court has further confirmed the constitutionality of the Affordable Care Act (ACA) and allowed to stand the subsidies that have been provided to thousands of Virginians who have signed up for insurance on the federal ACA marketplace. I am very happy for the 286,000 Virginians who would otherwise have lost reasonably-priced insurance and for the many Americans who continue to benefit from provisions of the ACA. In Virginia, though, there is much work that needs to be done. Almost 400,000 of our friends and neighbors would benefit by state expansion of Medicaid. If we expanded, we would also bring Virginians’ tax dollars back to the Commonwealth, where they could be used to create jobs, insure people, and help our hospitals rather than have them sent to places like Connecticut and New York to fund their own expansions. In the next session, we will try again to expand Medicaid. I hope my Republican colleagues will finally conclude it is a good deal for the Commonwealth and their constituents.
Medicaid – A Full and Fair Debate?
As early as January 2014, House Republicans promised a plan to address the 400,000 Virginians who fall into the health insurance coverage gap because they make too little money to qualify for subsidies under the Affordable Care Act, but make too much money to qualify for Medicaid. The Governor and Democrats have offered, over the last eight months, three separate proposals by which we could access several billion dollars in federal monies to provide coverage. As you may recall, present Medicaid spending is matched, dollar-for-dollar, with federal monies. With the proposed Medicaid expansion, however, the federal government would pay 100 percent of the cost for the first several years, eventually dropping to 90 percent. I believe that this is a good deal for the Commonwealth. We could take monies that we save in the first years and apply it to the later years in the event that the federal government does not live up to its responsibility, a fear cited by House Republicans as a reason not to expand Medicaid, but an unlikely event.
Democratic proposals since January 2014 have included a two-year pilot plan advanced by Gov. McAuliffe; straight Medicaid expansion; and “Marketplace Virginia,” a proposal offered by Senate Democrats and Republicans to use federal monies to buy private health insurance through private companies. All of these plans have been summarily rejected by the House Republicans.
During the budget dispute in the spring, the Republicans promised a “full and fair debate” over Medicaid so long as it was separated from the budget. That occurred, and the Republicans scheduled this so-called full and fair debate for last Thursday, September 18, 2014. The “full and fair debate” consisted of a 15-minute discussion in the Rules Committee about another compromise proposal on Medicaid expansion, and a short debate on the House floor with the result predetermined. The Republican answer was another “No.” If you want to see some of the debate on this issue, click here; for my floor speech on the issue, click here.
Our meeting last Thursday also brought a compromise on addressing our budget shortfall. If you want to see my comments on how we should try to close some tax preferences to make up our budget shortfall, you can click here.
Finally, three new judges were appointed for our district, and they will take their seats on December 1, 2014. Although I continue to believe that the selection of judges is overly-partisan, I offer my congratulations to the three that were appointed, Judge Richard Moore, Deborah Tinsley, and David Barredo. I am confident that they will be very effective judges and will serve this community admirably.
Please feel free to contact me with your concerns. It is an honor to represent you in the General Assembly.
Sincerely,
P.S.: I want to express my thanks and gratitude to the citizens of this community, the local and state police, City Police Chief Tim Longo, and Secretary of Public Safety Brian Moran for all the work being done to bring Hannah Graham home. I was at JPJ Command Central last Saturday and Sunday and watched the volunteers stream in from around the Commonwealth and nation. I saw the line up of City School buses, UVA buses, and Jaunt buses at 7:30am on Sundayready to take the teams of volunteers out into the field to search for Hannah. The generosity and caring of this community is remarkable.
Common Ground on Medicaid
Is There A Reason To Be Optimistic?
As someone who has made enough speeches on the House floor this session on Medicaid expansion to have my own “YouTube” channel on the topic, I have listened intently to my Republican colleagues to see if there might be some common ground on this issue. If you were to count the number of times that Republicans rejected the so-called “Obamacare expansion of Medicaid,” you would think there was no opportunity for agreement. But beneath the rhetoric, I continue to believe there are certain principles upon which both parties can agree. I list them below and challenge my colleagues to reject them if they do not agree.
First, there is broad bipartisan consensus that we should attempt to protect the most vulnerable of our population. Otherwise, why would the House Republicans include additional funding to provide assistance to the intellectually and developmentally disabled (we call this “ID/DD waivers”) over and above what is required by federal law? This population is among the most costly to assist, and the expansion of this assistance over the last ten years is testament to Republicans and Democrats who seek to help those in need. But these efforts to increase the number of “ID/DD waivers” look much like an expansion of Medicaid, and to a more costly population that would be covered under present expansion proposals.
Second, it is in the interests of all Virginians to have as many citizens covered by insurance as possible. I say this not only because so many of my colleagues have enrolled in the Virginia state insurance plan (a $2.6 million yearly appropriation in our budget for us, our staffs, and the Clerk’s staff), but also because it makes sense. When people with insurance use doctor’s offices, instead of the ER, they tend to stay healthier…and, if more people have insurance coverage, those of us who have this coverage are not subsidizing those who do not. How we get there is another issue altogether; the best solution is for citizens to have a job that either pays a living wage and/or provides benefits. This is, of course, difficult for many, particularly the frail, the elderly, and the disabled. Our Republican colleagues have not presented an alternative to Medicaid expansion that can get this done.
Third, Republicans and Democrats alike believe that Medicaid dollars (and all government spending) should be spent in the most efficient way possible. Republicans argue that the expansion of Medicaid could eventually “crowd out” other needed services (after the federal reimbursement drops from 100% to 90% in 2020), but what they do not share is the fact that Medicaid is expanding with or without the Affordable Care Act (ACA), largely because our population is aging and because of other economic conditions. That is why Democrats and Republicans have pushed Medicaid reform. The numerous reforms over the last several years have generated millions in savings. It is anticipated that an audit of the Medicaid program will show that “waste” in the program is not as widespread as some Republicans claim, with the result that expansion will be easier for them to justify.
Fourth, hospitals face financial challenges because of how the ACA was constructed and interpreted. Medicare reimbursement rates to hospitals will decline as part of the ACA and the Supreme Court’s decision that made state expansion of Medicaid voluntary will affect their bottom line. You will occasionally hear Republican delegates criticize the “rates of financial return” of various hospitals, but, at heart, they understand the risks to teaching and rural hospitals that are brought on by decisions in Washington, even though they are not yet willing to accept the responsibility to really tackle it. Republicans restored some cuts proposed by Governor McDonnell, but those efforts pale by comparison to the dollars available to the hospitals if we close the coverage gap.
Fifth, there is bipartisan concern about the long-term commitment of the federal government to fund additional enrollees in the Medicaid program. At present, the federal government would reimburse 100% of the cost of the enrollees, which would decline to 90% in future years (the present reimbursement rate is 50%). Given this concern about the long-term federal government commitment, the Virginia Senate has installed, as part of its Marketplace Virginia concept, a Medicaid trust fund into which funds would be deposited and held so that, in future years, if the federal government reneged on its promise, there would be sufficient monies to cover the program. This proposal has largely been overlooked in the debate.
Sixth, if you ask them privately, most Republicans would acknowledge that it is in our interest to bring as many of Virginia’s tax dollars back to the Commonwealth as possible. Republicans have implicitly made that point every time they argue that we are a “net receiver” of tax dollars. I have heard no Republican dispute the fact that Virginia taxpayer dollars are going to Washington to help fund the ACA. This is $5.2 million per day, which, without some form of expansion, will otherwise not come back to Virginia. Republicans counter that much of the funds for expansion come from “borrowed money,” but there is no doubt that the monies flowing from Virginia taxpayers to Washington are not coming back to the Commonwealth without some form kind of Medicaid expansion.
Seventh, this debate should not just be about coverage, but about health. This has largely been ignored in the debate, but it is true that reforms in the Medicaid program will need to focus on “healthy outcomes” instead of simply providing “services.” This is one reason why there is so much discussion of “managed care,” a concept designed to provide better outcomes at lesser costs. Implicit in this discussion is the notion that a healthcare model which provides incentives for citizens to seek care in emergency rooms (where most uninsured go at present), rather than with private physicians, brings potentially less care at clearly higher costs. This dynamic leads inevitably to the hope that more physicians will accept Medicaid patients, even though their reimbursement rates for this population are lower as a result. This is a far larger problem than Medicaid expansion, but one that most policy makers understand will need to be addressed.
Eighth, Democrats and Republicans agree that reform of Medicaid is key. Otherwise, why would we have agreed, on a bipartisan basis, to support the Medicaid Innovation and Reform Commission, which has already approved substantial reforms and generated hundreds of millions of dollars in savings in the program? Certainly, much more needs to be done, but the opponents of expansion have not yet identified what specifically would need to be accomplished before expansion occurs. Instead, we merely hear comments that “we will not be pushed off of our position,” or “I am not in favor of Medicaid expansion, and I have never been in favor of Medicaid expansion, and never will be.”
I may be wrong; perhaps my Republican colleagues do not believe in all or some of the above principles. If they do not accept them, it is time for them to say why they do not. If they do, let’s get together to accomplish some good for our people. “Just say no” is not a policy that our constituents understand, nor that our Commonwealth deserves.
As always, it is a pleasure representing you in the General Assembly and I hope that you will contact me with your views and comments about issues affecting the region and the Commonwealth.
Adjournment Without A Budget
The General Assembly adjourned on March 8, 2014 without a budget. This is the third time that this has occurred in the nine years that I have been serving you in Richmond. We have until the end of June to have a budget in place, but most of us want this to occur as soon as possible because our localities need to have firm figures from Richmond as to monies that are coming to them so they can prepare their budgets. The budget impasse is tied up in the Medicaid debate. It is my view that you cannot separate Medicaid from the budget. If we can access more federal dollars as part of Medicaid expansion, we would not have to appropriate monies in ways set forth in the House budget. We could replace millions of dollars in state dollars proposed for indigent care and for hospitals with federal dollars, freeing up state dollars to be spent on education and public safety. This debate will continue to occur when we reconvene in a special session beginning March 24th.
While most press coverage focused on the Medicaid issues, there were several significant actions taken by the General Assembly this session. They include the following:
Mental Health Reform
I served on the Mental Health subcommittee in the House that was able to advance a number of reforms, including the extension of emergency custody orders for citizens in crisis from six to twelve hours, requiring the state hospitals to provide a bed in the event that no other beds are available, and the implementation of a psychiatric bed registry to more quickly find beds for people in need.
Ethics Reform
I was the chief co-patron on a bipartisan bill that enacts a $250.00 cap on tangible gifts, requires that gifts to family members be reported, and ensures that the gift disclosures be made online so that citizens can easily see them. There is still much to be done in this area, but this is the first overhaul of this statute in many years, and represents a good effort to restore some faith in our ethics laws in the aftermath of the McDonnell scandal.
Standards of Learning Reform
We have reduced the number of SOL “high-stakes” tests in Grades 3 to 8, and have created a new committee that will recommend additional reforms.
Transportation Reform
The hybrid vehicle tax that was part of the 2013 transportation reform measure that many of us opposed was repealed.
Utility Service
We passed a bill that will make the undergrounding of utilities easier to accomplish by spreading the costs across the ratepayers. This is a very important measure for older communities like Charlottesville where above ground power lines often fail when major tree limbs fall during storms.
School Reform
We delayed by two years the issuance of the “A-F” letter grades for schools.
Bicycle Safety
We provided some additional protections for bicyclists by enacting a 3-5 foot passing distance around bicycles.
A number of measures were either tabled or defeated that might have some interest. The Virginia Dream Act, which would allow in-state college tuition for children of Virginia immigrants, was defeated, as was an effort to increase the minimum wage. Efforts by conservatives to push a new constitutional convention were passed by the House, but defeated in the Senate.
There were no new attacks on women’s reproductive health passed by the General Assembly, but our efforts to rollback the forced ultrasound requirement were defeated. The proposal to transfer $3 million from the City schools to the County schools was defeated in the House Appropriations Committee.
We have not yet designated a new judge for the 16th Judicial Circuit, which has been pushed back to sometime in April.
We return to Richmond on March 24th to work on Medicaid and the budget. Debates on this issue will likely continue throughout the spring.
As always, it is a pleasure representing you in the General Assembly and I hope that you will contact me with your views on various issues in the weeks leading up to our next session on March 24th.
Toscano on “Inside Scoop Virginia”
David Toscano appeared on “Inside Scoop Virginia” on February 3, 2014.