David J. Toscano

Attorney at Law

Winding Down or Gearing Up?

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The General Assembly session is scheduled to adjourn on Saturday, March 8, 2014, and it is not clear that we will have a budget by that date. The stumbling block continues to be Medicaid expansion. Many of us have advocated for a budget that includes closing the coverage gap for over 275,000 Virginians. We support bringing some $1.7 billion of Virginian’s taxpayer dollars back to create 30,000 jobs and bolster hospitals that are experiencing severe financial losses at this time. The Senate’s budget includes a compromise approach to Medicaid expansion called “Market Place Virginia,” a proposal which turns over the coverage of these vulnerable Virginians to the private insurance market. Many thought this compromise might win enough support in the House among Republicans, given that it is based on private sector principles, to obtain passage but that does not appear likely at present. For a recent press conference on this issue, click here. You can also watch several speeches on the House Floor on this topic by clicking here.

While much of the focus this session has been on Medicaid expansion, there are other significant initiatives that will likely pass in the next few days. We are making changes in the mental health system to provide better assistance and infuse monies to serve those most in need. The details of these will be finalized in the next several days, but reforms will likely include implementing an internet bed registry so that finding a bed will be easier and provisions that will allow authorities to detain citizens in crisis for a longer period so that assistance can be provided.

Second, we will pass a legislative ethics reform bill that, while not perfect, represents a modest step forward toward restoring some faith that citizens have lost as the result of the McDonnell scandal. We have reduced the number of high-stakes testing associated with the Standards of Learning (SOL), and have set in place a study group to further analyze what needs to happen in the coming years. Finally, the fee on hybrid vehicles that was imposed as part of last year’s transportation package was repealed. Many of us thought that this was not a good idea last year and we are happy to see it overturned.

I was able to pass a number of bills which you can find summarized here:

  • HB121 – Requires the Department of Taxation to provide to the General Assembly the total amount of credit given for a tax credit regardless of the number of taxpayers who take the credit. Presently, if four or fewer taxpayers take the credit, the Department of Taxation does not release these figures. We allocate approximately $4 billion in tax credits each year. In order to make sound decisions on whether a tax credit is effective, it is necessary to know the total amount of the credit being taken to compare against the economic benefit to Virginia, if any.
  • HB312 – Allows courts to award attorney fees in civil cases of financial exploitation based on fraud or undue influence. This will assist our senior citizens and their families in the recovery of assets that have been fraudulently taken from them.
  • HB890 – Co-patroned with Delegate Chris Peace (Hanover), this legislation corrected oversights in the Code created when some Department of Social Services offices changed the title of their ‘social workers’ to ‘family services specialists’. There were many duties that were specified in the Code to be accomplished by ‘social workers’ by definition that are essential to the delivery of services.
  • HB407 – This measure provides adult adoptees an alternative to the expensive cost of petitioning the Court for identifying information on their birth parents when the parents are deceased by allowing the Commissioner of Social Services to grant their request after the Commissioner has done a full investigation to determine whether or not good cause is shown to release the information
  • HB1110 – This measure allows a locality to recoup the additional cost of educating a non-resident student enrolled in a special education program from the student’s originating locality. This measure is particularly helpful to Charlottesville City Schools who host a number of non-resident students who attend specialized public education programs available in Charlottesville. The additional cost to the local taxpayers is approximately $36,000 per student. This bill allows Charlottesville to be reimbursed for this additional cost by the locality where the student resided with their parents before being sent to Charlottesville.
  • HB1233 – Brought to me by the Attorney General, this measure allows individuals who are the target of stalkers to be included in the Address Confidentiality Program. This program allows individuals to hide their physical address from public records if they have been the victim of domestic violence. This bill would provide protection to those who fall victim to stalkers.

In the next few days, we are likely to determine whether to adjourn and go into a special session for purposes of discussing Medicaid reform or remain in session and continue to debate this issue in the coming weeks.

Finally, Nancy and I want to thank you so much for the outpouring of support that we have received in the last couple of weeks. It has made a huge difference to our family and we are humbled by it.

As always, I enjoy hearing from you during the assembly session with your concerns and views about specific bills. This year, Session is scheduled to adjourn March 8, 2014. Please do not hesitate to contact my office. It is a pleasure serving you in the General Assembly.
David Toscano

Crossover

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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

Medicaid Expansion and Ethics Reform Lead the 2014 Session

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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

2014 Virginia General Assembly Session Has Begun!

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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

Prospects for the 2014 Virginia General Assembly Session

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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

Contact Me

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8th Floor
Charlottesville, VA 22902
Email: davidjtoscano@gmail.com
Phone: 434-960-7171

Mailing Address

P.O. Box 501
Charlottesville, VA 22902

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