David J. Toscano

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Crossover

February 12, 2014 by David Toscano

We are now at the midpoint of the General Assembly session, a time that we call “crossover,” aptly named for the process by which bills passed in one house “crossover” to the other body. The hours are long and the debates frequently heated as many controversial bills get considered during this period of the General Assembly session.

Medicaid Expansion

The biggest issue of the session continues to be whether or not to close the health care coverage gap by accepting federal dollars that would be used to add between 275,000 to 400,000 Virginians to the Medicaid program. The Senate has proposed a bipartisan option that would allow Virginia to take the federal dollars and work with the private sector to provide insurance for our citizens. Republicans in the House continue to oppose the expansion of Medicaid, insisting on reforms and an audit of the system to occur before we can accept these federal dollars. Democrats in the House argue that expansion and reform can occur at the same time, and point to the reforms that have been enacted over the last several years that have created millions of dollars in savings. We are losing $5 million a day by refusing federal monies that will initially pay 100% of the costs of expansion. Taking the federal dollars makes good business sense and it is one reason why the Virginia Health & Hospital Association and the Virginia Chamber of Commerce support it. If you want to see some of the debate on this, you can watch the video on this page.

Ethics Reform

In other news, the House Ethics bill, on which I am a chief co-patron, has passed and will move to the Senate. This bill places a cap on the soliciting or accepting of tangible gifts over $250, increases the disclosure requirements for assets and debts held by legislators, creates an Ethics Commission to address specific ethical issues, and closes many of the loopholes in the present law. The bill is not perfect, and we will continue to work on it as it moves to the Senate. It is impossible to legislate ethical behavior, but this bill is a major step forward in cutting down on some of the behavior that has affected the public’s trust in their leaders.

Mental Health Policy Reform

Several bills have passed both the Senate and House addressing mental health. There are differences between Senate and House versions, but both will increase the time that citizens in crisis can be held while we look for a bed for them, create a bed registry to assist in locating beds, and insure that our state hospitals can accept patients if a bed cannot otherwise be found.

Other Notable House Bills

Delegate David Toscano with UVa Student Council leaders
Delegate David Toscano with UVa Student Council leaders

Some actions taken by the House which have not drawn substantial publicity but are nonetheless interesting and significant include the following:

  • HB973 – The House Transportation Committee defeated HB973, a measure that would have eliminated the use of photo red cameras at intersections in the Commonwealth.
  • HB331 – This measure will establish a first time “home buyer’s savings plan” by which individuals who want to save for a house can deposit money into a specialized account and the interest earned on the account would not be taxable. While this would not likely generate a huge benefit to savers at the present time, it creates a vehicle for providing some tax incentives over time.
  • HB1229 – This measure postpones the A-F grading system for rating schools for an additional year. I supported a three year extension, but that amendment was defeated. While A – F may sound good, it is fraught with unintended consequences.
  • HB930 – This reforms Standards of Learning high stakes testing, by reducing the number of assessments students take through 8th grade from 22 to 17 and establishing a study that will review all of the accountability standards. This measure is not only good policy, but will save localities and the Commonwealth money.

Finally, a number of my bills will be heard in the Senate in the next week. Included in those is HB312, a measure that will provide greater assistance to elderly persons who have been financially exploited, and HB121, a measure that will increase the accountability of tax preferences provided to corporate entities by requiring full disclosure of the value of those credits.

As always, I enjoy hearing from you during the assembly session with your concerns and views about specific bills. Please do not hesitate to contact my office. It is a pleasure serving you in the General Assembly.

David Toscano

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Educational reform, Ethics reform, Financial exploitation of elderly, Medicaid expansion, Mental Health Policy

House Loss is Senate Gain

February 4, 2014 by David Toscano

The big news last week was the transfer of power in the Senate. The election of Lynwood Lewis as the 20th Democratic member of the Senate, and with Democrat Ralph Northam in the tie-breaking role of Lt. Governor, Democrats assumed control and promptly moved to reconstitute committees. This is precisely what the Republicans in the Senate did two years ago. It is not clear how this will affect the key issues of the session, particularly the budget and Medicaid expansion, but we will soon find out.

Medicaid expansion continues to be a major subject of debate. House Republicans have not moved off their opposition, but there is new information every day that makes Medicaid expansion more attractive. An updated set of numbers developed by the administration suggests that Virginia could gain over $1 billion by fiscal year 2022 by accepting Federal dollars and insuring more Virginians who are at or near the poverty line. I have given several floor speeches on this matter and you can access them immediately below or on YouTube. This issue is not likely to be resolved until the end of session.
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Several less publicized of interest to our region have passed. HB1141 will make it easier for arts venues in places like Charlottesville to offer alcoholic beverages at their open houses. HB848 will permit Dominion to engage in placing utility lines underground in older cities like Charlottesville.

I supported HB1113, a bill that would have permitted adoption by a “second-parent.” This bill would have allowed same-sex couples to jointly adopt a youngster. It was opposed by the Family Foundation and ultimately tabled in the Courts of Justice committee. I was pleased to vote for and actively support this bill as I think it would have provided greater opportunity for youngsters to be adopted into loving family situations.

A bill that will require Virginia textbooks to recognize that the Sea of Japan is also known as the East Sea was passed by the Senate and will likely pass the House this week. This measure was brought by many Virginians of Korean descent, who feel justifiably wronged by their oppression at the hands of the Japanese through the end of World War II. While I am not sure that the Virginia General Assembly should be engaged in decisions that have foreign policy implications, and worry about the precedent of legislative intrusion into textbook requirements, this bill will likely pass and be signed by the Governor.

Finally, the House passed HB706, a bill targeted directly at Attorney General Mark Herring and his recent decision not to defend the same-sex marriage prohibitions in Virginia law and Constitution. This bill would give standing to House members to represent the Commonwealth when the Attorney General and Governor have chosen not to. I agree with Attorney General Herring, and spoke against this bill on the House floor. If you are interested in my comments you can see them here. I believe this bill violates our traditional separation-of-powers doctrine, a principle that our Founders felt was essential to the maintenance of democracy. The bill creates the possibility of 140 separate Attorneys General that could intervene in court proceedings and supposedly represent the interest of the Commonwealth, a prospect that would prove chaotic. The Senate will likely defeat this bill, but it is yet another example of how partisanship can trump sound governmental policy.

As always, I enjoy hearing from you during the assembly session with your concerns and views about specific bills. Please do not hesitate to contact our office. It is a pleasure serving you in the General Assembly.

David Toscano

Filed Under: General Assembly 2014 Tagged With: Adoption, Affordable Health Care, Medicaid expansion, Same-Sex Marriage

Medicaid Expansion Speech (Jan 30, 2014)

January 30, 2014 by David Toscano

Filed Under: Floor Speeches 2014, General Assembly 2014 Tagged With: Affordable Health Care, Medicaid expansion

Medicaid Expansion and Ethics Reform Lead the 2014 Session

January 22, 2014 by David Toscano

We are two weeks into the General Assembly and the dominant issue remains Medicaid expansion. Almost every interest group in Richmond, from the Chamber of Commerce to the Medical Society of Virginia to the Hospital Association to various anti-poverty groups have supported efforts to bring federal dollars to Virginia to help insure up to 400,000 people who presently do not have coverage. Gov. McAuliffe stands firmly behind the principle of accessing these federal dollars and bringing them back to Virginia to both spur our economy and provide coverage to more Virginians. Republicans in the House generally have been skeptical of this approach, arguing that the federal commitment to reimburse the state 100 percent of the cost of new enrollees will ultimately be eliminated, with the result that Virginia taxpayers will have to pick up the tab.

I gave two floor speeches on this topic in the last week. The first was a general exploration of the issue. I emphasized how we have 1 million uninsured Virginians (many of whom are using the hospitals’ ERs as their primary care) and how we are sending our taxpayer dollars to other states which have decided to use federal monies to insure their citizens. You can watch the speech here.

The second speech involved the challenges faced by our hospitals because of cuts in federal spending. This is particularly troubling for rural hospitals who are often the centers of economic activity in their localities. Many of these hospitals will face extremely difficult business decisions that may require layoffs, acquisition, or possible closure in the event that we do not access this money. Virginia is refusing $5 million per day in federal monies that could otherwise assist us in insuring the uninsured and supporting our hospitals. We must find a way to bring these dollars back to Virginia. You can see my speech on hospitals here.

In other news, the House continues to work on bipartisan ethics reform. I am part of the subcommittee that is writing this bill. I believe that we need to have a cap on gifts that can be taken by legislators and a strong Ethics Commission that has the ability to enforce the rules and sanction legislators who transgress.

Mental health continues to be an important topic for the General Assembly. Later this week, we will consider a number of bills that could provide assistance to a person in crisis. There are additional monies in the budget to help serve more people with serious mental illness, particularly persons under the age eighteen.

A bill to eliminate the $64 annual tax on hybrid vehicles has passed the state Senate and a similar bill appears poised to pass the House of Delegates.

Several of my bills are moving through the House, including one that will provide additional tools to help elderly citizens who are victims of financial exploitation; a bill that will require additional financial disclosure of tax preferences provided to large corporations; and a resolution that condemns the ABC for their role in the incident in Charlottesville last April.

As always, I enjoy hearing from you during the assembly session with your concerns and views about specific bills. Please do not hesitate to contact our office. It is a pleasure serving you in the General Assembly.

David Toscano

Filed Under: General Assembly 2014 Tagged With: ABC law enforcement procedures, Affordable Health Care, Ethics reform, Financial exploitation of elderly, Medicaid expansion, Mental Health Policy

Medicaid Expansion Speech (Jan 20, 2014)

January 22, 2014 by David Toscano

Do we have a responsibility to help Virginia’s hospitals as engines of economic opportunity and providers of critical services?

Last week, we heard several floor speeches exploring whether, how, when, and under what conditions we can expand health care coverage to up to 400,000 uninsured Virginians. I am optimistic that we can find a way — a Virginia way — to enact the reforms and provide the assistance that so many of our citizens need, and am heartened by the deliberate and thoughtful approach we are taking in this complex debate as it unfolds.

The gentleman from Augusta said last week that we should be mindful of the future. I agree. But I hope that our concern for the future will not prevent us from confronting what is before us and developing the best possible solution.

Today, I would like to focus on one piece of our challenge — our hospitals.

Last Thursday, the gentleman from Suffolk discussed the impact of federal cuts on our hospitals. He was right when he said that the federal Medicaid cuts do not hit until 2015. But there is much, much more to this story. And this chart shows it. I have copies for anyone who wants it.

The impact of ACA and Sequestration Medicare cuts on Virginia Hospitals
This chart shows — loudly and clearly — that the biggest challenge to our hospitals is not being created by Medicaid cuts – the green lines you can hardly see on this chart. The problem is the Medicare cuts from the ACA, in blue, and the sequester, in red — a total of $207M in Medicare cuts in 2014, rising to $393 M by 2016 and $540 M by 2018. This is what is affecting our hospitals. It is happening now and will continue to happen in the years ahead.

These cuts are placing our hospitals — and the communities they serve — at considerable financial risk. Accessing additional federal Medicaid dollars is, pure and simple, an economic imperative for the hospitals and the communities they serve. Just ask your hospitals.

We can see the future — and unless we act, it isn’t very pretty.

A couple of examples:

  • According to the Virginia Hospital Association, the Augusta health system located in the Shenandoah Valley has already seen its federal monies decline by $4.5M and 2015 will bring another $3.2M in losses. There is a story in the News Virginian this morning.
  • Riverside Health System, with 9,000 employees serving the Peninsula, will lose another $9M in 2015 on top of $11.2M already lost.
  • Valley Health, a system with facilities in Page, Warren, and Winchester, recently laid off 33 persons, and is projected to lose another $6M in 2015.
  • The Fredericksburg Free Lance Star reported Saturday that Mary Washington and Stafford Hospitals project a loss of $12M in 2015.
  • And we have heard about the recent closure of the Lee Medical Center in Pennington Gap in Southwest Virginia, and the loss of 140 jobs.

These are costs not just because of ACA, but also because of the sequester. There are many more stories like this from all over the Commonwealth, especially in rural communities where the economic impact of a hospital is often most dramatic.

If we do not find a way to bring our tax dollars back to Virginia, hospitals will be forced into making ‘very tough business decisions’ that will hurt employees and the economy of local communities. Bringing our tax dollars back to Virginia is a business and economic imperative. Just ask your own hospitals.

There is little doubt that the loss of federal dollars will cause an impact. The question for us, then, is: do we have a responsibility to do something about it? I submit that we do. When faced with crisis affecting the economic life of our communities, we step up. We certainly step up when there are natural disasters over which we have no control.

And we step up when our communities are affected by economic challenge caused by decisions in Washington. Remember BRAC and its initial recommendation to close down the Naval Station at Oceania. The closure would have decimated this community and rippled throughout the commonwealth.

We could have decided we had no responsibility to act because the decision was not ours. But we didn’t. We could have decided not to act because the future of the base was uncertain. But we didn’t.

Why? Because the closure of Oceania would have meant the loss of thousands of jobs and millions of dollars in economic activity.

We stepped up and invested Virginia tax dollars to make sure the federal dollars would continue to flow. Our investment is over $70 million to date – $7.5m per year. There is another $7.5 M in the general fund this year. We are doing it to keep dollars flowing through the economy, to keep our communities economically strong.

I submit that the situation today with our hospitals is not much different. We do not know the future but we know what is happening now. Right now, when our hospitals are facing huge cuts in federal support and are paying increasing costs of indigent and charity care, we are refusing $5m every single day – our money — that could be brought back to Virginia to help our citizens, our hospitals and our economy.

If we want to keep our hospitals as strong economic engines and the backbone of many of our communities, we need to find a way — a Virginia Way — to bring these Medicaid dollars back to the Commonwealth.

Filed Under: Floor Speeches 2014, General Assembly 2014 Tagged With: Affordable Health Care, Medicaid expansion

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