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 April 21, 2008

In this week's issue of the Capitol Child Advocate:

MISSOURI:

1.  Senate Passes FY ’09 budget

2.  Hearings this Week:           

           Home-Visiting Program Expansion           

          Insurance Coverage Mandate for Autism

          Criminalization of Prenatal Substance Abuse

3.  House Passes Sales Tax for Veterans’ Services

4. Early Childhood Board to Convene School Readiness Panel

5.Upcoming Hearings

 

FEDERAL:

1.  GAO Announces August 17th SCHIP Directive Must Clear Congress

 

KANSAS:

The Kansas Legislature adjourned for break on April 4 and will return April 30. House Appropriations Committee members and Senate Ways and Means Committee members will return the week of April 21.

MISSOURI LEGISLATIVE UPDATE

 

SENATE PASSES FY ’09 BUDGET

 

Last week the Missouri Senate took up and gave approval to the FY ’09 Missouri State Budget.  The final stage of the budget process, conference committee, will begin this week as legislators from both chambers debate the differences between the two houses. 

Thursday’s debate on House Bill 2011, the budget bill for the Departments of Social Services remained relatively uneventful.  Senator Chuck Graham offered an amendment related to forensic sexual assault exams but ultimately withdrew his amendment without a vote.  Senator Jeff Smith, offered an amendment to restore the Governor’s recommendation to include dental and optical benefits as part of the MO HealthNet program.  This amendment was defeated 11-22.  It may come as a surprise to many, that some of the “health care champions” voted against this amendment, however, these were members who serve on the Appropriations committee.  Since that committee works on consensus, it was expected that appropriations members would vote in a block against any amendments.  Sen. Yvonne Wilson and Sen. Joan Bray broke with their committee and voted to support this amendment. 

In addition, Partnership for Children has been working tirelessly to support the Governor’s entire child care benefit package.  As you may recall, the Governor’s recommendation for this program totaled $8.5 million dollars. The House cut $2.4 million dollars in general revenue for a total of $6.1 million dollars. The Senate Appropriations Committee supported the House’s position.  Last week, child care champion Senator Jolie Justus offered an amendment to restore the Governor’s $2.4 million dollar general revenue request.  This amendment was defeated 10-22; therefore, this line item is closed and will not go to conference.

This week, as the conference committee begins their work, Partnership for Children will continue to lobby for $3.3 million general revenue dollars to help reach out to eligible yet uninsured children through an outreach strategy known as presumptive eligibility.  This line item was included in the House’s recommendation after an amendment by Rep. Ryan Silvey was adopted in the House Budget committee.  In addition, here is a list of items related to children and families still left for conference:

Foster Care Rate Increase: House recommended a 4% increase ($1.3m total); Senate recommended 2% increase ($0.6 total)

Adoption Subsidy/Guardianship Rate Increase:  House recommended 2% increase ($1.2m total); Senate recommended 3% increase ($1.7m total)

Residential Treatment Rate Increase:  House recommended a 6.64% increase or $5/day ($2.8m total); Senate recommended a 2% increase ($1.3m total)

Insure Missouri:  House recommended $0; Senate recommended $395.1m total ($25m GR), however a bill must pass in order for the program to be funded.

Youth Smoking Prevention:  House recommended $2m dollars; Senate recommended $0

The budget must be completed by 6 pm on May 9th. 

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REPORT ON BILLS HEARD IN COMMITTEE THIS WEEK:

HOME VISITING PROGRAM EXPANSION

HB2423 (Holsman) adds home nursing visits and follow-up care as needed until an infant's second birthday for certain at-risk newborns to the list of covered services under the MO HealthNet Program.  Home visiting is a long-standing, well-known prevention strategy used by states and communities to improve the health and well-being of women, children, and families, particularly those who are at risk. Early investments in home visiting programs have been shown to reduce costs due to foster care placements, hospitalizations and emergency room visits, unintended pregnancies, and other more costly interventions.  States’ primary reasons for launching home visiting programs include improving parenting skills, enhancing child development, and preventing child abuse and neglect.  Other goals include:  improving pregnancy and birth outcomes; enhancing the maternal life course, such as employment and education; and improving child health by promoting preventive health services such as immunizations and well-baby check-ups.

Currently, states fund their home visiting programs through a number of different funding streams including Medicaid, the State Children’s Health Insurance Program, The Title V Maternal and Child Health Services Block Grant, and TANF.   About a dozen of the nearly 30 states with home visiting programs cover this service under their Medicaid program, either through reimbursement rates, targeted case management dollars or targeted case management administrative funds.

Others who testified in support included Nurses for Newborns, Former State Senator Patrick Dougherty and current State Rep. Rachel Storch, both current board members of Nurses for Newborns.

INSURANCE COVERAGE MANDATE FOR AUTISM

The House Committee on Health Care Policy met last Tuesday to discuss two bills that would require private insurance companies to cover the diagnosis and treatment of children with autism spectrum disorder. The bills originated from a recommendation from Missouri’s Blue Ribbon Panel on Autism established by Senate President Pro-Tem Michael Gibbons last year.

HB 2265, sponsored by Rep. Grisamore (R-Lee’s Summit), and HB 2351, sponsored by Rep. Page (D-St. Louis County), both include a maximum coverage cap of $50,000 for treatment services but differ slightly in the age ranges of children to be covered by the mandate; HB 2265 requires coverage for children up to age 16 while HB 2351 extends up to age 21.

Witnesses in support of the bill testified that Autism is currently the only neurological condition excluded from private insurance coverage, that mandatory coverage is estimated to raise overall insurance premiums by only .5 to 1%, and that early diagnosis and intensive intervention can create significant savings down the road by increasing the likelihood that autistic children grow up to be independent, fully functional adults. Several insurance companies in Missouri testified in opposition to the bills.

Similar legislation in the Senate, SB 1122 sponsored by Senator Ridgeway (R-Clay County), was voted out of the Senate Committee on Small Business, Insurance, & Industrial Relations last Tuesday.

CRIMINALIZATION OF PRENATAL SUBSTANCE ABUSE

Last Tuesday, PFC testified before the House Committee on Crime Prevention and Public Safety in opposition to HB 1795, sponsored by Rep. Darrell Pollack.  This bill creates the crime of endangering the welfare of an unborn child if a person uses heroin, cocaine, LSD, or methamphetamine while she is pregnant and knows or reasonably should have known that she was pregnant.  In addition, any healthcare provider who has reason to believe that a pregnant woman has used heroin, cocaine, LSD, or methamphetamine may make a report to the appropriate law enforcement agency. 

Research indicates that women are far less likely to obtain preventive and primary health care during pregnancy when there is a threat of criminal prosecution.  This has been documented by studies.  In South Carolina, following the state Supreme Court case that criminalized any behavior that might endanger a fetus, the infant mortality rate increased.  Also, research indicates that the threat of incarceration has been ineffective in reducing the incidence of alcohol and drug use, and removing children from the home may subject them to worse risks in the foster care system.  

Drug and alcohol abuse is a complex and treatable illness.  We must find preventive ways to address the needs of women with alcohol and other substance abuse problems by investing our time and resources in targeted mental health and substance abuse treatment services. 

Several groups went on record in opposition to this bill including the Missouri Coalition Against Domestic and Sexual Violence. In addition, many nationally respected health organizations such as the American Medical Association, American Academy of Pediatrics, American College of Obstetricians and Gynecologists, American Nurses Association, the American Public Health Association, and the March of Dimes also oppose this type of legislation.

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HOUSE PASSES SALES TAX FOR VETERANS’ SERVICES

 

Last Thursday the House passed a constitutional amendment (HJR 71) authorizing a statewide one eighth of 1% sales tax to fund veterans’ homes, services, and programs. If approved by voters, the sales tax would produce $103 million for veterans’ services in FY ‘2011 but the veterans would also relinquish all funding from state general revenue, about $37 million. Currently, the MO Veterans Commission receives approximately $6-$9 million each year from the Gaming Commission Fund, which also funds several early childhood programs. If the ballot initiative is approved, the Gaming Commission Fund would need to be statutorily changed to remove the veterans as a beneficiary, which would likely transfer much needed funds to quality early childhood initiatives. For many years these two vulnerable constituencies, children and veterans, have had to fight for limited funding that does not address the true need for services for both groups. A dedicated sales tax for veterans would relieve this conflict, but appropriations from the Gaming Commission alone cannot come close to fully funding needed expansions for quality early care & education programs that prepare our youngest Missourians for future educational success.

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EARLY CHILDHOOD BOARD TO CONVENE SCHOOL READINESS PANEL

Missouri’s Coordinating Board for Early Childhood has assembled a task force that will convene three times this summer and fall to more fully examine and advance the issue of early childhood education. Decades of research show that experiences in the earliest years of life are critical for future educational success in K-12 and college, yet Missouri’s publicly funded Preschool Project only serves 4% of our four-yr-olds in the state. As more Missouri superintendents and school districts are looking to expand pre-k access, concerns have arisen that Missouri may be developing a patchwork system of early education that does not promote equal quality and access across the state.

Members of this School Readiness Task Force will explore several issues, including: what the State’s vision for pre-k should be; which age and economic groups should be served; whether all publicly funded programs should be required to meet similar standards; and how oversight of programs should be structured. Partnership for Children is hopeful that the task force will produce recommendations this fall that will meet the approval of our incoming governor at the beginning of his/her first term.

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UPCOMING HEARINGS

 

SB1106 (Scott): Modifies provisions relating to child abuse investigations. Tuesday, April 22 at 8:15 am in SCR 1 – Committee on Seniors, Families, & Public Health.

HB 1611 (Dixon): Establishes a children’s bill of courtroom rights.  Monday, April 21 at 8 pm in the Senate Lounge — Judiciary Committee.

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FEDERAL UPDATE

GAO ANNOUNCES SCHIP DIRECTIVE MUST CLEAR CONGRESS

Last Friday, Senators Rockefeller and Snowe released analyses by both the General Accountability Office (GAO) and the Congressional Research Service (CRS) that conclude that CMS erred by implementing the August 17th directive without sending it to Congress for review.  Under the Congressional Review Act, agencies are required to send rules to Congress for review before they can be implemented.  Democrats and many Republicans have been critical of the directive, which was issued last August. Among other things, the directive required states to certify that 95 percent of eligible children under 200 percent of poverty are enrolled in the program before states can offer health coverage to children above 250 percent of poverty. States say that benchmark is impossible to meet, although CMS officials say at least half of the states that go above 250 percent already are at that saturation level.

Sen. Rockefeller and Snowe issued a joint press release Friday in which Senator Rockefeller states, “Both GAO and CRS have now confirmed what so many of us have known for some time, that the administration clearly overstepped its legal authority in issuing the August 17 letter.”  Rockefeller goes on to add, ““The directive is a bold-faced attempt to subvert the law and prevent states from implementing their plans to provide health insurance coverage to millions of uninsured children nationwide.  CMS now has a critical choice to make: rescind the rule or continue to spend taxpayer money defending a growing list of lawsuits it is unlikely to win.”

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Until Next Week –
 
Carrie & Emily
Policy & Outreach Coordinators