WASHINGTON WIRE
November 16, 2007
Issue 153
In this issue, you'll find:
President Bush Vetoes Domestic Spending Bill, Omnibus in the Works?
Panels Examine Quality and Transparency of Nursing Homes
Senate Committee Examines Need for ADA Restoration Legislation: PPSV’s John Kemp Testifies
Congress in Recess Until December 3rd
Top Story
President Bush Vetoes Domestic Spending Bill, Omnibus in the Works?
Last week, Congress reached a compromise on the annual Labor-Health and Human Services-Education (L/HHS) spending bill which would fund the departments at $150.7 billion in fiscal year (FY) 2008 - nearly $10 billion more than the President requested. And this week, as promised, the President vetoed the spending bill which he categorized as "excessive."
The President has threatened to veto any annual spending bill that exceeds his discretionary budget request. After the House failed to override the Presidential veto on the Labor/HHS spending bill on Thursday by two votes, Senate Democrats began discussing potential compromises. Senate Majority Leader, Harry Reid (D-NV), stated that leaders are considering a "mini-omnibus" spending package which would combine several of the annual spending bills and split the difference between the President's and Congress's discretionary budget numbers. While the President seemingly remains married to his budget numbers, some Congressional Republicans appear willing to, at least, consider a compromise.
The President has signed two continuing resolutions (CR) to temporarily fund the various agencies of the federal government. The most recent CR, which was attached to the Department of Defense spending bill, signed by the President this week, will fund the government through December 14, 2007.
Health Care News
Panels Examine Quality and Transparency of Nursing Homes
The Senate Special Committee on Aging held a hearing on Thursday to examine nursing home quality and transparency. The House Ways and Means Health Subcommittee held a similar hearing earlier that morning.
The hearings were scheduled largely as a result of growing concern regarding private equity firms' ownership of nursing homes. Witnesses at the hearings claimed that many of these firms focus on maximizing profit, often at the expense of quality care for nursing homes residents. Witnesses pointed to a recent study by the Service Employees International Union (SEIU), which found that the quality of care diminishes when a facility is purchased by private equity firms.
However, Kerry Weems, Acting Administrator for the Centers for Medicare and Medicaid Services (CMS), stated current data is unable to link ownership to quality and questioned the accuracy of the SEIU report.
Weems told the Senate Special Committee on Aging that his agency would be publishing the names of the worst-performing nursing homes on its website by the first of December. The announcement apparently has preempted legislative efforts to require similar reporting.
Special Aging Committee Chairman, Senator Herb Kohl (D-WI), announced legislation, to be introduced with Senate Finance Committee Ranking Member, Charles Grassley (R-IA), that aims to improve consumer access to nursing home information including the results of government inspections, the number of staff employed, and information about the nursing home's ownership. The lawmakers indicated that they will likely introduce the bill in the coming weeks.
In October, Senate Finance Committee Chairman Max Baucus (D-MT) and Senator Grassley sent a letter to Acting Administrator Weems stating their concerns with the lack of transparency regarding who is responsible for resident care in nursing homes and the operation of investor-owned homes. In a related press release, the Senators stated that the majority of nursing home expenses are paid for by Medicaid and Medicare and CMS is responsible for overseeing state-level inspections of nursing homes and ensuring that federal standards for quality of care are met.
Senate Committee Examines Need for ADA Restoration Legislation: PPSV's John Kemp Testifies
This week, the Senate Health Education Labor and Pensions (HELP) Committee held a hearing to examine the need for legislation to restore Congressional intent to the 1990 Americans with Disabilities Act (ADA).
A primary goal of the ADA was to improve employment opportunities for people with disabilities and create protection from employer discrimination under the law. However, many stakeholders argue that the courts have created a "catch-22" which may allow individuals to be considered too disabled to do the job but not disabled enough to be protected under the Act. Additionally, individuals with disabilities who may manage their disabilities with "mitigating measures," such as medication or prosthetics, may be denied protection from employment discrimination under the ADA.
Among those testifying at the hearing was John Kemp, a Principal at PPSV. Mr. Kemp, a long time disability rights leader, stated that court rulings have created an untenable situation for many individuals with disabilities in the workplace and, unfortunately, statistics indicate that little has changed in terms of the numbers of people with disabilities entering the job market since passage of the ADA. Mr. Kemp went on to argue that in a growing global economy, employers should not be looking for legal ways around the ADA, but instead, should be capitalizing on one of the country's greatest human resources - a population of willing, capable, talented, and competent Americans who are ready to enter the job market.
ADA restoration legislation (S.1881/HR 3195) has been introduced in the Senate by Senators Harkin (D-IA) and Specter (R-PA) and in the House by Congressmen Hoyer (D-MD) and Sensenbrenner (R-WI).
Upcoming Events
Congress in Recess Until December 3rd
For More Information
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