Congress
Reconvenes for Lame-Duck Session
Congress will return
tomorrow, November 16 for a lame-duck session in
which the House and Senate will consider a limited number of
issues not finalized before the
October recess. Although the White House and GOP leadership are
pushing for a quick action on the nine outstanding FY 2005 appropriations
bills (Agriculture, Commerce/Justice/State, Energy and Water Development,
Foreign Operations, Interior, Labor/Health and Human Services/Education,
Legislative Branch, Transportation /Treasury, and Veteran's Affairs/Housing
and Urban Development/Independent Agencies), stumbling blocks still remain.
The House has passed 12 of the 13 bills, the Senate has passed 6, but only 4
have been finalized by both chambers and signed by the President.
Therefore, Congress passed a continuing resolution (CR) to keep the
government running through November 20. Lawmakers from both parties
wish to complete the spending bills before adjourning for the year;
Republicans hope to clear the decks for a quick start to the
President's second term and Democrats predict they will probably get a
better deal now than in the 109th Congress, when their numbers shrink.
GOP leaders want to limit the lame-duck session to the week of November 15
and hope to adjourn before the Thanksgiving holiday.
Since the Senate
versions of the remaining 9 spending bills amount to around $8 billion more
than the House versions, it remains unclear whether a final agreement can be
reached on an omnibus bill or whether the more contentious measures will be
excluded from the package and incorporated into either several
"mini-buses" or a CR to provide
funding at FY 2004 levels through September 2005 or a shorter CR to keep
those agencies running until February. It appears that any
spending added above the FY
2005 discretionary spending cap would be offset by an across-the-board cut
from non-defense spending.
Members will also be
tasked with raising the debt ceiling during the session, since the current
borrowing limit of $7.4 trillion was reached in mid-October.
A floor vote on the conference report for the Individual with Disabilities
Education Act (IDEA) could also occur this week. Negotiators have
been meeting during the recess to work out a compromise on the legislation
(H.R. 1350/S.1248) and a meeting
of the conference committee is scheduled for Wednesday, November 17.
Other issues that could
be considered include the
intelligence reform conference report. Negotiators on the bills (H.R.
10/S.2845) to implement the 9/11 Commission recommendations were unable to
reach an agreement before the election and negotiations remain ongoing, with
the goal of passing a final agreement. A dispute over budget authority
continues to be the main obstacle.
It appears that Congress
will not consider reauthorization legislation for the surface transportation
programs during this lame duck session and instead is expected to postpone
consideration until the 109th Congress. The latest extension of
current funding will expire on May 30, 2005.
FCC
Rules Declares VoIP an Interstate Service
On November 9, by a vote
of 5-0, the Federal Communications Commission (FCC) issued an order
declaring Voice over Internet Protocol (VoIP) services
"interstate" in nature and claiming exclusive federal jurisdiction
over such services. This action preempts state authority to apply
traditional telephone regulations to VoIP services, including cable
providers offering VoIP. However, the order remains silent on whether
VoIP service is a "telecommunication" or "information
service," leaving the door open to further define the future regulatory
scheme that will be applied to VoIP services. Furthermore, the order
does not express an opinion on states' authority to tax or to apply other
state laws addressing fraud, commercial dealings, marketing, advertising,
and other business practices.
Managed
Care Organizations Developing Plans for Dual Eligibles
The Medicare
Modernization Act of 2003 (MMA) established a new Medicare Advantage program
intended to develop targeted clinical programs
to care more effectively for fragile populations in a managed care setting.
These plans also must offer the full range of Medicare prescription drug
benefits. A total of 17 managed care plans have already been approved
by the Centers for Medicare and Medicaid Services (CMS) to offer special
needs plans to high-risk Medicare beneficiaries, including the dual
eligibles and others who are institutionalized or who have severe
and disabling chronic conditions. An additional 12 plans have
subtitled applications to CMS which are pending. CMS officials said that
while the new plans may not accept subgroups of dual eligibles or the
instutionalized, they are contemplating whether to allow these plans to
cover subgroups of the category encompassing those with severe
and disabling conditions.
Nevada
Receives $11.1 Million for Substance Abuse Prevention
Governor Guinn
announced on November 1 that the State of Nevada will receive more than
$11.1 million ($2.3 million per year for five years) to reduce youth
substance abuse related programs in communities, including underage
drinking. The funding is from the federal Center for Substance Abuse
Prevention (CSAP), Substance Abuse and Mental Health Services Administration
(SAMSHA). About 85
percent of funds awarded through the incentive grant program are directed to
support the work of community-based programs; 15 percent will support
oversight, evaluation and epidemiological expenses.
Kaiser
Enhances State Health Facts Online
The
Kaiser Family Foundation has revamped its State Health Facts Online webpage,
which provides 50 state comparisons as well as national data on key state
health facts including insurance coverage, Medicaid enrollment, categorical
health spending, health status, and more. The data is also grouped by
categories such as age, poverty level, race, ethnicity, and gender.
Data can now be obtained in the form of state profiles or through 50 state
comparisons. Recent state level data on employer sponsored health
insurance coverage is currently highlighted, however, several other recent
updates are available. For more information, visit: www.statehealthfacts.org