Friday, March 22, 2013

Obamacare Medical Device Tax Faces Likely Symbolic Repeal In Senate

Opponents of a 2.3 percent tax on medical device companies will likely win passage this week in the U.S. Senate of a largely symbolic resolution calling for repeal of the tax, with some Democrats likely to join all Republicans.

The tax helps to fund President Barack Obama's 2010 healthcare law. It applies to a range of medical products - from bedpans to expensive heart devices - many manufactured in the home states of the senators backing the repeal.

The resolution calling for repeal will be symbolic because it will come in the form of a non-binding amendment to a non-binding budget measure drafted by Senate Democrats. The resolution would not actually repeal the tax.

Full repeal of the tax may be difficult to achieve, given its $30 billion price tag and the opposition of key Senate Democrats, including Majority Leader Harry Reid.

"The industry has a fighting chance of getting the tax moderated or eliminated as part of a much larger tax reform bill, where the device levy becomes a rounding error," said Paul Heldman, a policy analyst at Potomac Research Group. "But major tax reform in this Congress is a long shot."

Nine Senate Democrats are signed up to back the symbolic amendment. More than a dozen Senate Democrats wrote to Reid last year seeking to delay the tax.

Reid does not support repeal. Nor does Senate Finance Committee Chairman Max Baucus, who helped usher Obama's healthcare bill into law. The medical device tax is among several new industry levies in the healthcare overhaul law, which aims to provide health insurance for millions of Americans who lack it.

The law is being implemented. It was declared constitutional by the U.S. Supreme Court last year.

The medical device tax, which went into effect this year, is projected to raise about $30 billion over a decade. That government revenue would be lost if the tax were repealed.

Democratic Senators from Minnesota, Indiana and Pennsylvania, where some big medical technology companies are based, are among those who have been pushing for a repeal.

Industry officials and lawmakers against the tax say it will hurt innovation and job creation. (Reporting by Kim Dixon; Editing by Kevin Drawbaugh and Jan Paschal)

Tuesday, February 19, 2013

Hurricane Sandy Relief Bill "Blows In" Opportunity For States To Adopt Better Building Codes

The fifty billion dollar (yes, that's $50,000,000,000) Hurricane Sandy Relief Bill (the "Relief Bill") is headed to President Obama's desk for his signature. The Full Text of the bill is available here http://www.gpo.gov/fdsys/pkg/BILLS-113hr152rds/pdf/BILLS-113hr152rds.pdf

The Relief Bill provides several different opportunities for the Federal government to encourage states to adopt up-to-date building codes by tying distribution of the funds to commitments from the states to adopt the most up-to-date building codes.

 According to studies by the Multi-Hazard Mitigation Council, for every dollar invested in building code adoption and enforcement, four dollars are saved in recovery costs.  As a result, FEMA has been very public about the critical role building codes play in reducing building damage from natural disasters.

David Miller, the Associate Administrator for Federal Insurance and Mitigation Administration at FEMA, testified before the House Committee on Transportation and Infrastructure last year on this issue, concluding:

Post-disaster assessments of many communities have shown a direct relationship between building failures, the codes adopted, the resources directed toward implementation and enforcement, and the services available to support those codes.

Tying emergency relief funds to code adoption would not be new.  Department of Energy state energy block grants from the American Reinvestment and Recovery Act (ARRA) were tied to governors' commitments to adopt the 2009 version of the International Energy Conservation Code (IECC) and ASHRAE 90.1-2007, as I posted in greater detail here http://www.greenbuildinglawblog.com/2013/01/articles/codes-1/2009-energy-code-adoptions-required-by-arrawhere-are-they-now/

Two allocations which could logically be tied to building code adoption commitments are the $5.4b allocated to the Federal Emergency Management Agency (FEMA) for the Disaster Relief Fund and the $16b allocated to the Department of Housing and Urban Development (HUD) for "necessary expenses related to disaster relief, long-term recovery, restoration of infrastructure and housing, and economic revitalization..." (Bill at 74)(emphasis added).

However, in tying emergency fund allocations to code adoption, FEMA and HUD should incorporate some lessons learned through the ARRA commitments.  First, the ARRA commitments only related to a one-time adoption of the 2009 energy-related code provisions.  Second, there was no reporting required from the states on their progress with adoption and enforcement of the codes.  Finally, as I posted here ( http://www.greenbuildinglawblog.com/2013/01/articles/codes-1/2009-energy-code-adoptions-required-by-arrawhere-are-they-now/), enforcement of the commitments has been weak.  To be effective, any code-related commitments must require regular code updates, and a mechanism for reporting and recapture of funds for failure to fulfill the code commitments.

Hurricane Andrew ushered in a new era of code adoption on the Gulf Coast.  With some encouragement by the Federal government, Hurricane Sandy could have the same effect. 

Tuesday, January 29, 2013

Rick Scott Health Care Costs Run Less Than $400 Per Year

Looking for inexpensive health care? Run for office in the state of Florida.

The Associated Press reported Monday that Gov. Rick Scott (R) and dozens of Sunshine State officials are receiving coverage for their families at less than $400 annually. Back in 2011, the AP reported a similar deal, which at the time applied to more than 30,000 state employees.

This inexpensive benefit comes in lieu of a major decision Scott will have to make regarding Medicaid expansion. Under Obamacare, if Florida decides to extend its program to cover low-income residents who were previously left without coverage, the federal government will pick up a huge slice of the bill -- three years fully paid for, followed by 90 percent thereafter.

The governor's administration has been a leading source of opposition to that piece of Obamacare, with Scott citing figures that overstate the costs of the plan. HuffPost's Jeffrey Young traced the progression of "faulty data" on Jan. 10, explaining how much higher Scott's Medicaid expansion estimates were than the actual numbers.

Three days later, Scott reversed course, admitting that Medicaid expansion would total only $5 billion -- a far cry from the $25.8 billion sum that had been floated in previous months.

Thursday, December 6, 2012

Russian government protects corrupt officials, says Senator Wicker

Senator Roger Wicker of Mississippi was granted permission to address the United States Senate to argue in favor of H.R. 6156, the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012.

“I come to the floor today to support this bill. It has a very important twofold purpose: It approves normal trade relations with Russia, and at the same time the legislation insists that the Russian government adhere to the rule of law. It does so by putting consequences in place for those in Russia who abuse basic human rights. Granting PNTR to Russia is a big win for Americans. If Congress does not act, American workers, including millions employed by small businesses, stand to lose out to foreign competitors as Russia opens its market as a new member of the WTO.”

“Many in my home State of Mississippi and around the country deserve to benefit from increased trade that this new relationship would bring. More jobs and greater economic growth are our potential rewards here in the United States. Last year Mississippi's $55 million in exports to Russia helped support an estimated 170 jobs. Certainly this number needs to grow, and I believe it will under this legislation”, he said.

“Yet in realizing the immense trade potential at hand, we cannot ignore the urgent need to address serious concerns about Russia's appalling human rights record. Most agree that the Jackson-Vanik amendment currently in place is an outdated restriction on trade which could hurt American competitiveness. But repeal alone will not suffice when dealing with a country that continues to protect corrupt officials, and that is what the Russian government continues to do”, said Wicker (source: Congressional Record www.gpo.gov/fdsys/pkg/CREC-2012-12-05/pdf/CREC-2012-12-05.pdf ).

Here is what Senator Wickers said about Russia last year (see video: Wicker Speaks on Senate Floor Regarding Russian Human Rights Abuses http://www.youtube.com/watch?v=naM_cAKG_aQ ).


Monday, November 26, 2012

This country has a to do list a mile long, says Courtney

On November 16, 2012 Congressman Joe Courtney went off on members in Congress for basically neglecting the people business and enjoying too many recesses.

“Mr. Speaker, as is obvious in this room, the business for the week has now concluded. This is a week which commenced on Tuesday; and prior to that, the Congress, the House, had not been in session for 7 weeks despite the fact that this country has a to-do list a mile long in terms of the critical issues that affect our health care system."

"Whether it's doctors' fees that are going to hit a cliff on January 1, a 37 percent cut for Medicare providers of all stripes, particularly in the physician community, we have the fiscal cliff, where tax rates are going to go up for almost every American wage earner if Congress fails to act. We have the sequestration, which is a measure which will be the equivalent of a chain saw going through the government, cutting .2 percent from every budget, whether it's defense or nondefense issues", he said.

“We have a farm bill which needs to be acted upon. We have, again, the 2008 farm bill which was a 5-year measure that has expired; and it's critical for rural America. We need to renew the farm bill. And to give one small example, which the dairy industry has reminded people of, that the price of a gallon of milk starting in January could potentially go as high as $7 if we don't restore and reauthorize the system of price supports that we have in our dairy industry. The Violence Against Women Act expires. Again, a critical measure so that law enforcement officials all across the country can continue the progress that we're making in terms of the issue of domestic violence and violence against children”, he complained.

“Again, the list goes on and on. And, incredibly, despite the fact that we have been out of town for 7 weeks -this House convened on Tuesday and is recessing again today for another week's break”, said Congressman Joe Courtney (source: Congressional Record http://www.gpo.gov/fdsys/pkg/CREC-2012-11-16/pdf/CREC-2012-11-16.pdf ).


Monday, November 12, 2012

GPO strategy: Publishing from any source, in any format

In an environment in which most documents are created, transmitted and consumed electronically, the Government Printing Office has released a five-year strategic plan focused on turning the government’s printer into a digital information platform.

“The demand for printed publications has declined while there has been exponential growth in digital requirements,” the plan says. “GPO is transforming its business model to a content-centric model, focusing on managing content for customer and public use today and tomorrow.” This calls for increased use of electronic media.

The direction is not a new one for the 151-year-old GPO, which has been shifting its focus from ink-on-paper toward digital documents for the last 18 years. What is new is the speed and extent of the transformation, said Acting Public Printer Davita Vance-Cooks.

“Any agency that has lasted as long as we have has had a history of change,” Vance-Cooks said. “The change we are experiencing today is far more rapid than anything we have experienced before.”
The level of sophistication expected by GPO customers is increasing, she said. “We are putting the information into any format that is wanted. We have to make sure that we watch the trends.”

GPO has been making documents and publications available online since 1994, when it created the GPO Access Web site. This was upgraded to the Federal Digital System (FDsys) portal in 2009, which included the ability to digitally sign and authenticate online documents, giving them the status of official records. This is an important element of GPO’s digital document management, Vance-Cooks said.

Friday, September 14, 2012

Lingle Campaign Criticizes Hirono for Voting Against Funding the Tsunami Warning Network

U.S. Senate candidate Mazie Hirono earlier this year voted against funding the Tsunami Warning Network that provides Hawaii with early tsunami detection and warnings. The high-tech buoy network faced $4.5 million in cuts in February, and Hirono opposed bipartisan House legislation to fully fund the critical system for FY2013 [1].

"Hirono voted against the best interest of our state – a state in a Tsunami high-risk zone – and against one of our most important life-saving tools, by voting against fully funding the Tsunami Warning Network," said former Director of Hawaii Civil Defense and Linda Lingle Campaign Manager Bob Lee.

Despite Hirono's disregard for her constituency, the House of Representatives voted to strengthen the Tsunami Warning Network by reinstating full funding for education and awareness programs of the National Tsunami Hazard Mitigation Program, and DART buoy network maintenance for FY 2013 [2], according to Lee.

"Hirono continues to demonstrate a fundamental misunderstanding of the critical issues facing Hawaii, putting the people of Hawaii at an unnecessary risk. When push comes to shove, Mazie Hirono does not stand up for what is best for Hawaii," Lee added.

"Conversely, through Governor Lingle's leadership, Hawaii vastly improved its state civil defense operations. In 2005, Hawaii became the first state in the nation to earn the National Oceanic and Atmospheric Association's (NOAA) National Weather Service StormReady and TsunamiReady designations. Through the StormReady and TsunamiReady programs, Hawaii became better prepared to protect the lives and property of its residents and visitors during severe weather events. This readiness was aptly demonstrated in the safe and timely evacuations for our coastline communities statewide during the Chile Tsunami of February 27, 2010 and during the Japan (Tohoku) tsunami of March 11, 2011," Lee concluded.