David J. Toscano

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Medicaid Expansion Speech (Jan 15, 2014)

January 22, 2014 by David Toscano

Mr. Speaker, ladies and gentlemen of the House, I rise today in support of the new Governor’s efforts to assist some 400,000 Virginians who do not presently have health insurance.

In the Governor’s recent address to this joint assembly, he made a strong business case for why it is in our economic interest to find a way to insure more Virginians. He also stressed the importance of reform while complimenting the efforts of the MIRC, Governor McDonnell, and Secretary Hazel for all of their efforts to bend the cost curve on Medicaid and to provide services that work better and cost less.

Sometimes in this Chamber, we can be so focused on political differences that we lose track of some the things we can do together. We know that many of our citizens have great need. Over one million Virginians remain uninsured. Of those who receive some kind of Medicaid benefit… half are children, and another 260,000 are blind, elderly, or disabled.

Medicaid is hardly a treasure trove of riches for those who receive its benefits. We rank 48th among the states in spending per capita and our reimbursement rates for medical providers and hospitals are low. Nonetheless, it provides some level of assistance for those most in need. As you know, the state presently pays one-half the cost and the federal government pays the other half.

Most of us agree that reforms in Medicaid are necessary, and if you go to the MIRC website, you will be impressed with what has already occurred in Virginia. And we will need to do more because true reform is a continuous process; if we want an efficient government that works better and costs less, we need to continually push for reform. We will talk on future days about these reforms. But for today let us focus on what is before us.

As we discuss our options for this session, perhaps we can ask ourselves some critical questions.

  • Why wouldn’t we, for example, want to cover another 400,000 Virginians, many of whom work and all of whom are our friends and neighbors, who do not have insurance at present?
  • Why wouldn’t we want to lessen financial impacts on our hospitals and their ERs so that they may retain their viability, both as economic engines in their communities, and as job providers and creators for our citizens? These hospitals already provide substantial assistance in the form of indigent care – and they need our help.
  • Why wouldn’t we want to create as many new jobs as possible by investments in health care that can help our citizens? It is estimated that we can create 30,000 new jobs if we find a way.
  • And why wouldn’t we want to keep Virginia taxpayer dollars working for us in our state rather than having them sending them to other parts of the country?

Many of us would like to find a way – A Virginia Way – to make these things happen. And I would submit that this Virginia Way will involve building on the reforms of the MIRC in order that we can bend the cost curve and not subject Medicaid to an unsustainable future.

I wish to use several illustrations to point out some of the key issues that we face in this session.

Virginia revenue currently being diverted to help pay for Medicaid expansion in other statesFirst, few will dispute that Virginia taxpayer dollars are being sent to Washington and reprogramed into some 25 states who have decided to expand insurance coverage to their citizens in need. This map shows where these monies are going –to New York, California, Arizona, Iowa, & Connecticut. These are our taxpayers’ dollars — our money; why wouldn’t we want to bring it back so that they can work for our citizens?

This graphic shows what we are losing each day by choosing not to extend these insurance benefits to our friends and neighbors. It is commonly understood that five million dollars per day is being lost. Already in 2014, we have rejected some $75 million dollars and it will increase every day. We are essentially creating a sea of red ink of our own device.

There is much more to be said about this issue – and it will be said in the days and weeks ahead. There are reforms to discuss, implications to be considered, and common ground to be plowed. If we remain open to all options, we will find that way – that Virginia Way – to help our citizens and our communities address these needs, to stimulate our economies, and protect our citizens.

Thank you.

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

2014 Virginia General Assembly Session Has Begun!

January 14, 2014 by David Toscano

The 2014 Virginia General Assembly Session began on Wednesday, January 8, 2014, when 100 delegates were sworn in and Gov. McDonnell gave his final “State of the Commonwealth” address. The outgoing Governor gave a deeply personal speech, apologizing for his transgressions over the last year and celebrating what he considered to be a number of singular achievements. He praised the bipartisan transportation bill passed last year, which would never have passed without the substantial support of the Democrats in the House. One of the highlights of the speech was when he welcomed back Senator Creigh Deeds with a simple, “Welcome back, Creigh; we love you.” This brought a standing ovation among the Assembly, the Cabinet, the Supreme Court, and the gallery.

Another highlight of the first week involved the unveiling of the bipartisan conceptual agreement on ethics reform. This is described in greater detail in an op-ed piece that I co-authored with Majority Leader Kirk Cox. You can read it here.

Delegate Toscano with representatives from Albemarle High School who came to the General Assembly to discuss their Math, Engineering and Science Academy (MESA) program
Delegate Toscano with Jeff Prillaman, Eric Lee Hahn, and Tony Borash who came to the General Assembly to discuss Albemarle High School’s Math, Engineering and Science Academy (MESA) program

Little business was transacted in the first week, but challenges await. Paramount among these is the passage of a two-year budget and the questions of whether we will accept federal monies to insure 400,000 additional Virginians who are not presently covered. Gov. McAuliffe and I strongly support this; the House Republican Caucus strongly opposes it. If we are to pass changes in Medicaid, we will have to find a “Virginia Way” to do it. We need to find a way to cover those additional 400,000 Virginians, lessen the fiscal impact on hospitals and emergency rooms, keep Virginia taxpayer dollars in the Commonwealth rather than having them being sent to other places who have accepted Medicaid expansion, create 30,000 new jobs, and ensure that rural hospitals can remain open as engines of the economic activity and providers of critical health services. Hospital Associations says we are losing $5 million a day by not accepting the federal monies.

The highlight of the first week was undoubtedly the inauguration of Terry McAuliffe as the 72nd Governor of Virginia, Ralph Northern as the Lieutenant Governor, and Mark Herring as the Attorney General. They will make a great team. Governor McAuliffe struck a conciliatory tone in his inaugural address by stressing our common values and the need to work together to bring greater economic opportunity throughout the Commonwealth. He has been working very hard reaching out to Republicans to find common ground on a wide variety of issues. Whether they will allow some success is not yet clear. But I will be there fighting for the Governor’s legislative agenda.

We will shortly publish the results of our constituent’s survey. Thanks to those who took it.

You do not need to participate in the survey to provide us input on what you think is important for us to consider in Richmond. Please call my Richmond office at (804) 698-1057 or email me at DelDToscano@house.virginia.gov.

It is a pleasure serving you in the General Assembly.

David Toscano

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Ethics reform, Medicaid expansion, Senator Creigh Deeds, Virginia transportation

Prospects for the 2014 Virginia General Assembly Session

December 19, 2013 by David Toscano

Each General Assembly session takes on its own special character and tone. 2013 was the year of transportation, as House Democrats ensured passage of a bipartisan bill to inject significant monies into road construction and maintenance, rail, and mass transit.

The 2014 Virginia General Assembly session will likely give most of its attention to the following issues:

Budget

This is Governor McDonnell’s last 2-year budget, and his proposal will reflect his priorities. This is the year where we “benchmark for standards of quality,” that is, we determine the costs of providing quality education and hopefully fund it. I will push for additional monies for K-12, higher education, and mental health.

Jobs and Economic Opportunity

The economy is not improving as fast as we would like, and I will be supporting initiatives to create jobs and enhance workforce training to give our citizens greater economic opportunity.

Educational Reform

We will see efforts to reform the Standards of Learning (SOL) tests; I support giving local school divisions more flexibility to innovate and pay teachers what they deserve. We must find ways to challenge our students by fostering creative thinking and problem solving, thereby creating a workforce so our companies can remain competitive in the global economy. All of this, however, will take financial resources, and will require legislators to set priorities in their budget negotiations.

Mental Health System Reform

The tragic events involving Senator Creigh Deeds and his family have cast a harsh spotlight on the gaps in our mental health system. We made progress following the 2007 Virginia Tech tragedy but more resources will be needed to improve the system. I support creation of more crisis intervention teams (CITS) and creating protocols to ensure that each person who needs a bed gets one.

Medicaid Enhancement

House Democrats support enhancement of Medicaid, along with many businesses, hospitals and physicians. There are several reasons to support enhanced Medicaid– which means reforming the system to protect taxpayer dollars while expanding service to those who need it. First, it means jobs and economic activity: $9.9 billion would be injected into Virginia’s economy by enhancing Medicaid, and an estimated 40,000 jobs would be created; it will keep our tax dollars here in Virginia rather than sending them to states that voted to expand Medicaid. Second, it protects local hospitals that provide critical services not to just indigent clients but entire communities; many of us worry that without Medicaid enhancement, some of our smaller community hospitals may risk having to close. Third, it would give up to 400,000 Virginians access to quality care that they do not presently have; it would keep them from having to use emergency rooms, thereby lessening costs for all Virginia taxpayers.

Ethics Reform

Following the scandals involving both Governor McDonnell and Attorney General Cuccinelli, efforts will be brought forth to reform Virginia’s reporting requirements for our top elected officials. Governor-elect McAuliffe has already stated he will institute a self-imposed ban of any gifts over $100 for himself and members of his family, and the legislature will consider a number of proposals, including the creation of an Ethics Commission.

Thank you for the opportunity to again serve you in Richmond. Your input is important to me. Share your thoughts — take the constituent survey.

Sincerely,
David

Filed Under: General Assembly 2014 Tagged With: Affordable Health Care, Education, Educational reform, Ethics reform, K-12 Education funding, Medicaid expansion, Mental Health Policy, Virginia General Assembly Process

The Affordable Care Act (ACA): What’s Next For Virginia?

October 1, 2013 by David Toscano

Portions of the Affordable Care Act (ACA) have already been implemented in Virginia and throughout much of the country. These include the requirement that there should be no discrimination in insurance coverage based on pre-existing conditions and that parents can retain their children on their health insurance coverage until they reach the age of twenty-six. Both of these reforms are substantial and will likely assist in the provision of better healthcare options for all Americans. But more change is coming. Some citizens will find these confusing and it will require some effort to ensure that those benefits can be fully realized.

Recently, most of the press coverage has focused on Medicaid expansion. As most of you know, I have supported Medicaid expansion for the following reasons:

  1. Medicaid expansion in Virginia will expand health insurance to as many as 400,000 low income Virginians who are not presently covered.
  2. Expansion will bring about $2 billion each year in federal funding to Virginia as the federal commitment is to provide for 100 percent of the reimbursement for coverage to these new enrollees from 2014-2016, and reducing to no less than 90 percent in later years (under the present Medicaid cost-sharing arrangement, the state pays 50 percent of the cost and the federal government pays the other 50 percent).
  3. Expansion will remove part of the coverage gap in Virginia’s healthcare system. Beginning January 1, 2014, adults between ages of 19 and 64 with incomes between 100 percent and 400 percent of the federal poverty line will qualify for subsidized private insurance through healthcare exchanges (Market Place), but poorer adults will qualify for nothing without Medicaid expansion.
  4. According to the Virginia Hospital and Healthcare Association, expansion will create over 30,000 new jobs to the Commonwealth.
  5. Expansion will likely mean that fewer indigent patients will utilize emergency rooms for routine services at higher cost because they can obtain the same service at lesser cost at a physician’s office. This will lower costs for hospitals like UVA and Martha Jefferson.
  6. If we do not expand Medicaid, we will be sending our tax dollars to other states who embrace it. Few Virginia taxpayers support sending their tax dollars to states like New York, California, Connecticut or others which embrace expansion.

While a number of Republican governors have embraced the concept of expanding Medicaid for their citizens, most notably Gov. Kasich of Ohio and Gov. Scott of Florida, our Governor has opposed expansion, as has Attorney General and gubernatorial candidate Ken Cuccinelli.

Opponents of Medicaid expansion claim that it is a broken system where costs are out of control. While it is true that Medicaid costs for the states have risen substantially over the last decade, its costs have risen at a rate lower than private medical insurance.

The administrative costs of Medicaid are less than 7 percent, or half the rate that is typically seen in the private sector. Between 2000 and 2009, the growth in per person costs was much lower in Medicaid (4.6 percent) than in the private insurance market (7.2 percent). The Senate Finance Committee created a great presentation on how Medicaid works or the costs associated with it. The Commonwealth Institute also has compiled the numbers detailing how Medicaid expansion pays for itself through cost savings.

In our last budget, the General Assembly created a Commission drawn from members of the Senate and the House to consider whether and under what conditions we should expand Medicaid. Significantly, the legislature passed language that permits Virginia to remove itself from Medicaid expansion in the event that the federal government does not deliver on its promise to provide the monies at the stated reimbursement rate. Most observers believe that the decision on expansion will depend on who is elected Governor. Terry McAuliffe supports it; Ken Cuccinelli does not.

The adopted budget also provides that any savings realized in the first several years of any expansion because of greater federal subsidies will be reserved to pay future costs that might accrue in later years.

The Commonwealth has about 872,000 uninsured residents so even if we expanded Medicaid, many would still be without health insurance. That is why the ACA created the “health care exchanges” (the “Marketplace”). The Marketplace is a vehicle by which individuals will be able to compare and contrast health insurance plans, and buy them in the new Health Insurance Marketplace from private companies. Under the law, Virginians who earn between 100 percent and 400 percent of the poverty level (between roughly $11,500.00 and $46,000.00 for an individual, and between $23,550.00 and $94,200.00 for a family of four) are eligible to receive a tax credit to defray the costs of buying policies on the Marketplace.

There has been considerable confusion about this portion of the Affordable Care Act, and it is likely that it will be take some time for people to adjust to the options. I supported the idea of having Virginia create its own Marketplace so we could have control over the process, but Republicans in the General Assembly, who were reluctant to embrace any portion of the federal health care act, rejected this idea. Consequently, the Virginian Marketplace is operated by the federal government. Different companies will compete in different parts of the state. In our area, the companies likely to be involved are Coventry Health Care (a division of Aetna), Healthkeepers (Blue Cross), and Optima Health Plan. It is projected that offering these various plans in the Marketplace will allow consumers to compare and contrast both the coverage and the costs, which will hopefully result in coverage at lower costs. You can purchase four different levels of coverage for different amounts. For example, the option with the most extensive benefit will be called the “Platinum option”; and will cost more than the other three options. The “Bronze option” is the least expensive and offers less coverage. The costs for these and other options in Virginia’s Marketplace will be available on October 1 , the first day citizens can enroll for coverage that begins January 1, 2014.

More information on the exchanges can be found at HealthCare.gov, the Virginia Association of Health Plans, or www.timeforaffordability.org. You can also call 1-800-318-2596 for assistance. There will also be “navigators” that will assist people in negotiating the Marketplace. In this area, Navigators are provided through the Legal Aid Justice Center in Charlottesville, which won a competitive grant from the federal government to assist consumers on negotiating the Marketplace. The Virginia Poverty Law Center will have about twenty Navigators working statewide to help identify and help uninsured Virginians. There will be a toll-free number to help connect consumers with navigators in their areas.

We have seen some indication that the Marketplace is increasing competition and giving consumers a better deal. States like California, Maryland, and Vermont recently announced rates for some plans offered through the Marketplace that will be 20 percent less expensive than previously estimated. New York recently announced that the premiums for individuals enrolling in that state’s Marketplace could be 50 percent less costly than they are today.

In addition, the U.S. Department of Health and Human Services is launching a call center specifically designed to help small businesses. You can access it at HealthCare.gov and look for the “SHOP Marketplace”. This Marketplace will help businesses with fewer than 50 employees with questions they have about purchasing health care in the Marketplace. Employers who employ fewer than 50 persons are not required to provide coverage or pay a penalty.

There are other websites besides HealthCare.gov that have very good information about the health insurance marketplace. Virginia Poverty Law Center has a YouTube video that walks through the basics on the health insurance marketplace for Virginians, WebMD has a wonderful FAQ page on its website, as does the Kaiser Foundation, and Virginia Consumer Voices for Healthcare also has compiled some great information to help individuals prepare for and stay informed about the health insurance marketplace. To enroll, you may do so online through HealthCare.gov, or you may call the federal hotline, 1-800-318-2596. There is also help available to small business employers available through Kaiser Foundation, or the IRS, or simply calling the Small Business Health Insurance Options (SHOP) call center at 1-800-706-7893.

P.S. DON’T FORGET TO VOTE ON NOVEMBER 5!

Remember, just 40 days until the election. This year we elect our top elected officials in Virginia – Governor, Lieutenant Governor and Attorney General. In addition, all 100 House of Delegates seats are up for election, and there are many local elections on the ballots. The State Board of Elections of Virginia website has some useful tools for Virginia voters. You can register online (deadline to register to vote in this year’s election is October 15), verify your registration status, or change your registration information by using their online voter registration tool. You can use their interactive tool, Where Do I Vote, to locate your polling location. Finally, their Virginia Easy Voter Guide provides an overview of voter registration, what to expect and bring to the polls when you vote, specific instructions for military, overseas and college voters, and important contact information to find answers to your questions.

Filed Under: General Assembly 2013 Tagged With: Affordable Care Act - Virginia, Affordable Health Care, Medicaid expansion, Virginia Health Insurance Marketplace

Reconvene Session Passes Transportation Plan, More Restrictions on Abortion

April 9, 2013 by David Toscano

The “Veto” Session commenced at noon on Wednesday, April 3, 2013, and finished at 1:00 a.m. the next morning. It is hard to believe that we could take so long, but most of our time was focused on electing new judges around the Commonwealth in a Special Session.

The Governor made numerous recommendations for changes in bills that had been previously passed by the General Assembly. The most notable of these involved modifications in the transportation bill, which had been passed by a bipartisan coalition in the House and Senate. The Governor’s changes reduced the size of the plan somewhat and included a small reduction in the “hybrid tax”; the $100.00 fee was reduced to $67.00. The fiscal impact of that action was not large, but was viewed as a symbolic change designed to mollify some of the critics of the original bill. Most of the major increases in revenue remained, including the provision to create a dedicated source of revenue for passenger rail. I was happy to advocate and vote for this bill as the most significant advancement in the transportation funding that has been made in several decades (my speech on the original measure is available here). The measure raises about $1 billion extra per year and includes greater sums for transit, road maintenance, and passenger rail. Finally, the Governor made some changes designed to address concerns about the constitutionality of certain measures in the bill that provide some additional revenue for Northern Virginia and Hampton Roads. Democrats again provided the margin of victory for final passage, as numerous “no tax pledge” Republicans deserted the Governor by failing to support the measure.

The Governor made some changes in budget language that may assist those of us who seek to expand Medicaid in the Commonwealth. My position continues to be that Medicaid expansion is good because it will create 30,000 new jobs in Virginia, insure approximately 300,000 Virginians who do not have coverage at present, allow the return of billions of dollars in Virginia tax monies that would otherwise go to states throughout the country that have embraced Medicaid expansion, and will be 100 percent funded by the federal government for the first several years of the expansion. It will reduce pressure on our emergency rooms, which have become the “health insurer of last resort” for many of the poorest in our region. Using emergency rooms for primary care is very inefficient and raises costs to taxpayers (the state reimburses hospitals for emergency room bills that are not covered by insurance and that individuals are unable to pay) and to those of us who have private insurance coverage.

A day in Richmond at the General Assembly would not be complete without a debate on social issues. This time it was the Governor who was pushing the social agenda, as he inserted language into a bill that would prohibit private health insurance companies from offering health care coverage for abortion as part of private insurance that would be purchased by individuals within the new health care marketplace. A majority in the House and Senate embraced the Governor’s language, despite the arguments of many Democrats (myself included) and some Republicans that this was an unnecessary and unreasonable intrusion into the marketplace, where private buyers and sellers negotiate the terms of the coverage that companies provide. Our further concern is that it could drive certain citizens away from the health exchange, with the result that either they do not get any coverage at all, or because the insurance pool would become smaller, the cost of insurance would rise for other people who seek it. This is not good social policy in a Commonwealth seeking to lower the cost of insurance for everyone and looking to the marketplace for solutions.

Finally, the 16th Judicial Circuit, which serves this area, got two new judges late in the evening. The first is Dale Durrer, who resides in Culpeper and will serve on the General District Court, replacing the Honorable Roger Morton, who recently retired. The second is Claude Worrell, II, an Assistant Commonwealth’s Attorney in the City of Charlottesville, who will take the seat previously occupied by the Honorable Dwight Johnson, who retired in January. I expect that these gentlemen will make fine judges, and am very pleased that we were able to retain these judgeships for our community.

With the completion of the Session, my attention returns to constituent service, my law practice, and the fall elections. It is a pleasure and honor to represent you in the Virginia House of Delegates. As always, please feel free to contact me to share your thoughts and comments on matters before the Commonwealth.

Sincerely,

David

Filed Under: General Assembly 2013 Tagged With: Affordable Health Care, Medicaid expansion, Reproductive Choice, Virginia General Assembly Process, Virginia transportation

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