BACK

RAO Bulletin Update
15 August 2006


THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:

== VA Data Privacy Breach [21] ------------- (CBO Estimates)
== VA Data Privacy Breach [22] ------------- (More Breaches)
== VA Data Privacy Breach [23] ------------- (Unanswered Questions)
== Medicare Rates 2007 [01] ----------------- (Impact on Hospitals)
== Medicare Rates 2007 [02] ------------------ (Physician Payment Cuts)
== VA Claim Representation [02] ------------ (Approved by Senate)
== NDAA 2007 [09] --------------------------- (Employee Tricare Use)
== NDAA 2007 [10] --------------------------- (USFSPA Impact)
== Casualty Assistance Officers -------------- (What they do)
== Navy Personal Data Breach [02] --------- (Are You Protected)
== Military Care Package Kit ----------------- (Post Office Freeby)
== Disabled Vet Jobs -------------------------- ($11/hr Training Pay)
== Airline Ticket Comparisons --------------- (Locate the cheapest)
== Credit Freezes in Jeopardy ---------------- (Consumer Protection)
== PTSD Reevaluation [06] ------------------- (More Hearings)
== Tricare Obesity Treatment [01] ---------- (Demo Project)
== USAF Reserve Retirement ---------------- (Submission Guidelines)
== Traumatic Brain Injury [01] --------------- (Funding Problem)
== Social Security & Newborns -------------- (Benefits Available)
== Medicare Advantage Plans ---------------- (No Advantage)
== Nursing Homes [03] ------------------------ (Not-for-Profit Better)
== Generic Drug Use [01] --------------------- (Medical Necessity)
== Combat Veteran Health Care [01] -------- (Good for 2 years)
== Disabled Retiree Back Pay [01] ---------- (Sooner than Expected)
== Disabled Vet TAX: ------------------------- (Bill to Eliminate)
== Reserve Income Replacement  ----------- (Payments start 1 SEP)
== VDBC [06] ---------------------------------- (VDBC Sep Meeting)
== VA Boston Hospitals ---------------------- (Status Quo Retained)
== Amyotrophic Lateral Sclerosis [02] ------ (ALS Registry)
== Army Award Citations -------------------- (USN Policy Change)
== Tricare Natural Disaster Resource ------- (New Web Site)
== Military Legislation Status ---------------- (Where we stand)


VA DATA PRIVACY BREACH UPDATE 21:  In what must be some sort of a
record the Congressional Budget Office CBO reported its estimate of the
costs for the Veterans Identity and Credit Security Act of 2006 (HR 5835).
This is the bill designed to respond to the security gaps in the VA
that were revealed from the theft of the 26.4 million veterans’ personal
records. This bi-partisan bill was introduced and voted out of Committee
on 20 JUL 06. CBO estimated that it will cost $5 million in 2007 and
approximately $50 million over the 2007-2011 period.  However, if there
was a security breach similar to the one that happened this year they
estimated that the cost could be as much as $1 billion. CBO also
estimated that the VA would be expected to experience an average of 3 incidents
a year affecting approximately 50,000 people. Such yearly breaches
would cost less than $500,000 a year. With these numbers it is likely that
a bill will be passed by the end of the session.

         The U.S. General Services Administration’s (GSA) Office of
Citizens Services & Communications is warning the public to avoid falling
victim to a recent e-mail scheme that targets users by sending
unsolicited e-mails allegedly from FirstGov, the citizen portal operated by
GSA. FirstGov was the source that veterans were directed to for updates on
the recent VA data breach.   These scam e-mails tell recipients that
because of recent fraudulent activities on Money Access Online they need
to confirm their account has not been stolen or hacked.  The e-mails
then direct recipients to click on a link and enter information related
to personal credit card accounts. The e-mail appears to be sent from
this following fraudulent e-mail address: MONEY ACCESS SERVICE
(fraud@firstgov.gov).  There may be other similarly styled addresses. 
The text of the e-mail includes “Dear Money Access Customer” and asks
for certain private personal and private financial data, but recipients
shouldn’t provide this information. These e-mails do not originate at
FirstGov or GSA.  FirstGov doesn’t send unsolicited e-mails to the public
in this manner, nor do they solicit personal information of any kind.
Responding to unsolicited e-mails from an unknown sender is risky and
dangerous because these e-mails often contain viruses that can infect
computers or entice recipients to provide more personal and confidential
information.  GSA is taking this matter seriously and is investigating. 
Users should delete unsolicited e-mails of this type without opening.

         Secretary of Veterans Affairs R. James Nicholson announced the
VA has entered into an agreement with a company that will provide data
breach analysis services to VA to ensure that information contained on
computer equipment stolen in May from a VA employee's home was not
compromised. ID Analytics, a California-based company, will conduct the
analysis across multiple industries to detect patterns of misuse and
determine whether or not there is any suspicious activity specifically
related to this computer equipment theft.  The company will provide VA an
initial analysis, and will then continue to offer its assessments on a
quarterly basis. ID Analytics' real-time system comprises more than three
billion identity elements contributed by its members, which include the
largest U.S. industry leaders from across the credit card, wireless
telecommunications, and instant lending industries.  Their services are
used daily by more than half the credit and retail card issuer market in
the United States, as well as leading wireless and online consumer
finance companies. [Source: TREA Legislative Update 4 Aug 06 ++]


VA DATA PRIVACY BREACH UPDATE 22:  A newly reported missing computer
involving the personal information of 37,000 veterans has triggered a
stern reaction from the Chairman of the Senate Committee on Veterans’
Affairs and he expects VA to hold the private contractor financially
responsible for any costs that veterans may incur as the result of this loss.
The disclosure comes after a string of recent VA data breaches.  In
recent weeks, the VA has also acknowledged losing sensitive data for more
than 16,000 veterans in at least two other cases in Minneapolis and
Indianapolis. VA officials informed members of Congress 4 AUG of the
desktop computer containing information on veterans insurance claims being
discovered missing from a subcontractor’s offices in Reston, Virginia. 
They were notified 3 AUG by the Unisys Corporation that a desk top
computer was missing and immediately dispatched a team to assist in the
search for the missing computer and to help determine the precise nature
of the information it may have contained.  According to VA officials,
information on the computer was password protected but was not encrypted.

     Initial estimates indicate the desktop contained information on
approximately 5,000 patients treated at Philadelphia, approximately
11,000 patients treated at Pittsburgh, and approximately 2,000 deceased
patients. VA is also investigating the possibility the computer may have
contained information on approximately another 20,000 people who received
care through the Pittsburgh medical center. It is believed the desktop
computer may have contained patients’ names, addresses, Social Security
Numbers, dates of birth, insurance carriers and billing information,
dates of military service, and claims data that may include some medical
information. Letters were mailed to those affected 10 AUG. Unisys
Corporation is offering, at no cost to veterans whose information is
believed to have been on its missing computer, other credit-protection
services to include credit monitoring. However, this will only identify
after-the-fact that something has happened and does not address any
subsequent losses vets may incur.  VA Secretary James Nicholson said the
department's inspector general, the FBI and local law enforcement are
investigating the matter

     Over the weekend police arrested two individuals - both 19 years
old -in the theft of another computer which contained personal
information of 26 million veterans and active-duty military members. A third
unnamed juvenile is also being held in custody. The loss of that computer
earlier this year led to several resignations at VA and numerous
hearings on Capitol Hill. An analysis by FBI forensic experts determined the
data was not breached. Craig said of the newest theft, “I hope that we
have as good of news this time. We clearly appear to have a systems
problem with VA data security that needs to be fixed.” Senate Minority
Leader Harry Reid (D-NV) called for Nicholson to quit in the wake of
revelations of yet another VA data theft.  However, Sen. Craig issued a
statement saying that unless Nicholson walks off with a VA laptop himself,
he shouldn't be forced out.  On 8 AUG the Department inspector
general's office reported that a computer containing "personally identifiable
information of some Florida residents" was taken from a government
vehicle in Miami. Veterans who have lost faith in our government’s ability
to protect their personal data are advised to seek personal protection
against identity theft through companies like LifeLock www.lifelock.com
which will reimburse any losses incurred. [Source: Sen. Larry Craig
News Release 7 Aug 06 ++]


VA DATA PRIVACY BREACH UPDATE 23:  VA Secretary Nicholson’s disclosures
to Congress that the laptop computer containing the lost data was
recovered, no one apparently accessed the data, and that veterans need no
longer worry leaves many vets wondering how this could have happened,
could it happen again, and are they still in jeopardy from the theft of
their personal info? The subsequent withdrawal of the credit monitoring
by the government to protect vets compounds their concerns.  VA has
advised all vets to take steps to protect themselves against identity theft
but is leaving it up to the vets on how they should do this and to pay
for any associated expense for personal protective action.  Insurance
against identify theft for veterans through like LifeLock
www.lifelock.com cost a minimum of $7.50 per month. Other companies have similar
charges. Much has not been told concerning the loss of the data. The
following questions were not asked by the Senate or House Veterans Affairs
Committees and remain unanswered to America’s veterans:

_ When exactly, was the information originally removed from HQ VA that
was subsequently stolen from the employee’s residence?
_ Who signed the document(s) authorizing the removal of the
information?
_ Were those who signed the document(s) authorized to do so?
_ If the signers of the document(s) were not authorized to do so, why
did they do it this time?
o Did the signer of the document have authority to approve any property
removal?
o Did the signer of the document sign similar documents in the past?
o What actions have been taken against the (unauthorized) signer of the
document(s)?
o What procedures have been implemented to insure unauthorized
personnel no longer sign removal documents?
o What procedures have been implemented to insure electronic data is
removed only under authorized conditions and by authorized authority.
_ Why were the initial “reports” of the data removal characterized as
“unauthorized,” when document(s) existed giving the employee permission
to remove the data?
_ What type of check and balance system existed (or now exists), to
insure that personnel will obtain proper authorization to remove sensitive
information from the VA work site.
_ How many CD-ROMs were utilized to remove the information and were all
the original CD-ROMs used to remove the information, recovered?
_ How is it known that the exact same CD-ROMs were recovered, and not
copies of the original CD-ROMS?
_ Where (location), and when was the data transferred from the CD-ROMs
to the laptop computer or external hard drive?
_ Why weren’t the original CD-ROMs returned to the HQ VA work site
after the information was transferred to the hardware?
_ If information is returned, what procedures are utilized to document
the return and verification of the data originally removed from the
work site?
_ If procedures don’t exist, why not, and when will procedures be
implemented?
_ Regarding the information taken by the employee, what procedures, if
any, were utilized to protect the information when it was removed from
the VA work site.
_ Was the information transferred to official government hardware
authorized for use outside the VA work site or was it transferred to
personal property?
_ Do VA employees, in general, have the “authority” to routinely
transfer official US Government information onto personal equipment?
_ What measures existed before the incident and now, since the
incident, to insure that official USG information is only utilized on official
equipment and not on personal equipment?
_ Do VA employees continue to use personally owned “thumb drives” and
other portable media within the VA to perform “official duties,” as
described by Secretary Nicholson before Congressional committees?
_ If so, what regulations have been established delineating the
conditions under which such equipment can be utilized; how information will be
accounted for and utilized with such equipment and what procedures will
be followed when returning & accounting for such information?
_ Regarding the information that was removed from the VA work site and
then allegedly stolen from the Maryland residence:
o Who had access to the information at the residence?
o Who has been identified as having seen this information before it was
allegedly burglarized?
o How was the information stored at the residence before it was
allegedly stolen?
o Was any of the personal data “copied” on other storage media when it
was at the residence?
o If so, where is this media now and in whose possession was it when it
was recovered?
o Has the ongoing law enforcement investigation regarding this incident
disclosed any attempt to “hack” into the hardware at the residence
while VA records were stored on it at the residence?
o What security measures were utilized at the residence while the
information was stored on the personal hardware to insure no unauthorized
persons “hacked” or “accessed” the information while it was being stored
there.
_ Specifically, for how long were our personal records stored at the
Maryland residence before they were burglarized?
_ Specifically, when was the missing hardware “recovered, i.e., how
many days after it was stolen from the house was it recovered and where
was it when it was recovered?
_ Were the original CD-ROMs which were used to remove the personnel
information also stolen with the hardware or were they returned to the VA
at an earlier date?
_ What are the “specifics” with respect to who had access to the
hardware and the CD-ROMs after the May 3rd burglary?
o Who had access to the equipment AND information?
o Did anyone physically view the information, even if no evidence now
exists that they made copies of the information?
o Have all the involved parties been polygraphed to verify their
stories with respect to the recovered hardware and CD-ROMs?
o What are the circumstances regarding the “recovery” of the missing
hardware/information?
o Have all involved personnel executed “sworn statements” pertaining to
their roles and participation in receiving, possessing and eventually
transferring the stolen hardware/information to law enforcement
personnel?
o Are there still identified or unidentified person(s) who have not yet
been interviewed regarding the original “burglary” as well as the
“recovery?”
o If so, how many people are involved and do leads exist whereby these
individuals can be reasonably expected to be interviewed in the near
term or the long term?
o How long will it take for the FBI to determine whether the CDROMs and
hard drivers were accessed by unauthorized persons?
o What forensic methods are being utilized by the FBI to determine if
unauthorized access occurred?
[Source: Veteran Advocate Ed Lawton’s Veteran Guide re: Identity Theft
dtd 30 Jul 06
http://jerebeery.com/Veterans%20Guide%20dtd%207-30-06%20%20Final.pdf ]


MEDICARE RATES 2007 UPDATE 01:  On 2 AUG the Bush administration issued
a final rule that reaffirmed the overall goal of more accurate payments
while backing away from many of the proposed changes, including a
sweeping revision in the classification of patients intended to account for
the severity of their illnesses.  Under intense pressure from health
care lobbyists and lawmakers, the Bush administration says it will scale
back and delay proposed changes in Medicare payments to hospitals that
would have created clear winners and losers. The proposals would have
cut payments by 20% to 30% for many complex treatments and new
technologies. Hospitals will instead see much smaller cuts or even small
increases for many of those procedures. Some of the changes will be phased in
over three years. Doctors, hospitals, consumer groups and members of
Congress had said the proposed cuts would be devastating and patients
would have had less access to some services like cardiac care and
orthopedic devices.

     Under the proposal, published in April, the basic Medicare payment
for surgery to open clogged arteries, by inserting a drug-coated wire
mesh stent, would have been cut by 33%, to $7,590. The final rule calls
instead for a cut of 3%, so Medicare will pay about $11,000. The
payment for implanting a defibrillator, like the one used by Vice President
Cheney, would have been cut 23% under the proposal, to $22,000. The
final rule calls for a cut of 2%, so Medicare will pay about $27,750. Under
the final rule which takes effect on 1 OCT, hospitals will receive much
smaller increases than originally proposed for treating some
conditions, like pneumonia and chronic obstructive pulmonary disease.  The
secretary of health and human services, said the current payment system was
full of biases and distortions that encouraged hospitals to provide
“treatments that happen to be the most profitable.’’ Federal officials said
the new payments would be more accurate because they would be based on
estimated hospital costs, rather than inflated charges.

     In revising its proposal, the government significantly modified
its method of estimating costs, to include more data from high-cost
hospitals. The resulting changes will be smaller than originally proposed
and will be put into effect gradually over three years, rather than all
at once. Medicare pays more than $125 billion a year to nearly 5,000
hospitals. Hospitals typically receive a fixed amount for each Medicare
patient, regardless of how long the person stays in the hospital. Each
patient is classified in one of 526 categories, known as
diagnosis-related groups.  Federal officials had proposed sweeping changes in the
classification system, to account for the severity of each patient’s
illness. They wanted to replace the 526 categories with 861. They settled for
more modest changes in 2007, creating 20 diagnostic groups and altering
32 others. The severity of a patient’s illness can have a significant
effect on the costs of care. In trying to account for those costs, the
proposed rule relied heavily on a patient-classification system devised
by 3M, the technology company based in Minnesota.  Hospitals said
Medicare should not rely on a proprietary system controlled by a single
company.  The Bush administration agreed to consider alternatives, to
ensure that no company would have a monopoly over the software needed to
manage billing and payment. [Source: New York Times Robert Pear article 3
Aug 06]


MEDICARE RATES 2007 UPDATE 02: The Bush administration on 8AUG proposed
a cut of 5.1% across the board in Medicare payments for services
provided by doctors to elderly and disabled patients in 2007.  This is bad
news for TFL retirees who will find it harder to locate physicians to
provide their care if the cuts materialize.  AMA says up to 45% of
physicians may limit practice if Medicare cuts rates but the GAO does not
believe this will happen.  The administration said the cut was required
because spending on doctors’ services was increasing faster than expected,
and faster than the annual goals set by a statutory formula.  The cut
proposal had previously been challenged in Congress. The increase
directly affects beneficiaries because their premiums are set each year to
cover about 25% of projected spending under Part B of Medicare, which
pays for doctors’ services and other outpatient care. Dr. Mark McClellan,
administrator of the Centers for Medicare and Medicaid Services that
the premium would probably rise to $98.40 next year, up $9.90 or 11% over
this year’s premium. The figures do not include separate premiums paid
by many beneficiaries for prescription drug coverage.
 
    The White House, Congress and doctors have been talking for more
than a year about ways to link Medicare payments to the quality of care
doctors provide. To date, they have not offered any specific proposals
and are still seeking ways to measure the quality of care, particularly
for medical specialists.
More than 42 million people are insured by Medicare. Officials estimate
that the program will pay $61.5 billion to 875,000 doctors and other
health care professionals next year. Such spending has increased sharply
in recent years because of increases in the number and complexity of
services furnished to Medicare beneficiaries, including more frequent and
intensive office visits, and rapid growth in the use of imaging
techniques, laboratory services and physician-administered drugs. Budget
estimates are based on the assumption that doctors’ fees under Medicare will
be cut in 2007 and later years, as required under the statutory
formula. Congress often steps in to block or moderate such cuts, but it
normally looks for some way to offset the cost of its action, often by
trimming payments to other health care providers.

     Dr. McClellan said it would cost the government $13 billion over
five years if it blocked the cut scheduled for 2007, without giving
doctors any allowance for inflation. The costs would ripple through later
years because future updates would be computed from a higher starting
point. Federal officials contend that many doctors partly offset cuts in
their Medicare fees by performing more services. Donald B. Marron,
acting director of the Congressional Budget Office, said substantial
evidence suggested that a reduction in payment rates leads physicians to
increase the volume and intensity of the services they perform.’ But,
Marron cautioned, some are likely to respond to continuing reductions in
payment rates by declining to participate in the Medicare program.
 
    The Bush administration also announced that it would require
hospitals to provide the government with information on their investment and
compensation relationships with physicians.’ Hospitals that specialize
in cardiac, orthopedic or surgical care will have to inform patients if
any staff doctors have an investment interest’ in the hospital. 
Hospitals look to doctors as a source of referrals. But Medicare officials
said doctors could be violating federal law if they received financial
returns out of proportion to their investments.  For example, if a doctor
held 2% of the stock in a specialty hospital but received 8% of the
profits it would be our of proportion.  Hospitals that do not comply with
the new disclosure requirements will face civil fines up to $10,000 a
day. [Source: NY Times Robert Pear article 9 Aug 06 ++]


VA CLAIM REPRESENTATION UPDATE 02:  Senate Veterans' Affairs Committee
Chairman Larry Craig (R-ID) won the day on a controversial bill he
sponsored that would let veterans hire attorneys to assist them in
developing their VA disability claims.  This legislation was opposed by many
veteran groups who already provide veterans free representation through
the administrative process by accredited veterans hearing officers. The
Veterans' Choice of Representation and Benefits Enhancement Act of 2006
(S. 2694) passed by the Senate includes provisions from more than a
dozen other bills.  The net effect will:

- Accelerate payments under the G.I. Bill and survivors’ education
benefits programs for those who take high-cost, short-term training courses
leading to jobs in transportation, construction, hospitality, energy
and high technology (S.3363).  Unfortunately, Guard and Reserve GI Bill
programs weren’t similarly modified for those groups, whose education
programs are handled by a different committee.
-      Increase the supplemental life insurance available to totally
disabled veterans, from $20,000 to $30,000 (S.1252).
-      Establish Parkinson’s Disease and Multiple Sclerosis Centers of
Excellence within the VA health system (S.1537).
- Require the VA to pay full costs, including medications, for certain
service-connected veterans residing in veterans’ homes run by state
governments (S.2762).  Under current law, the federal government only pays
a portion of those costs.
- Expand and improve services for homeless and low-income veterans
(S.3545).
-       Authorize a pilot program to provide caregiver assistance and
non-institutional care services to veterans (S.2753).
- Allow VA to designate beds in privately-run care centers as "state
homes."
- Allow tribes to apply for grants to establish veterans' cemeteries on
Native lands (S.2659.
- Improve efforts to prevent homelessness among veterans, especially
among those who served in Iraq and Afghanistan
- Establish an office for rural veterans in the Veterans Health
Administration (S.2433).
- Require removal of the remains of convicted murderer Russell Wayne
Wagner from Arlington National Cemetery (S.1759).
-       Repeal fixed, four-year terms for the undersecretary of
Veterans Affairs for health and undersecretary of Veterans Affairs for
benefits, leaving those officials to serve at the pleasure of the president
(S.2634).
The bill now passes to the house for their approval. [Source: [Source:
MOAA Leg Up 4 Aug 06 ++]


NDAA 2007 UPDATE 09:  A provision included in both the House and Senate
passed versions of the FY2007 Defense Authorization Act would bar
civilian employers from providing cash payments to working military retirees
in order to persuade them to drop the company health plan and use
Tricare instead. The Defense Department complained that this practice was
allowing employers to shift their health costs to the Pentagon, and both
House and Senate leaders agreed that shouldn’t be allowed.  One airline
sent all of its pilots a letter offering them a cash payment to do
that.  Legislators agreed with The Military Coalition that the Pentagon’s
proposed fix of doubling and tripling retirees’ Tricare  fees to try to
drive them away from Tricare was the wrong answer, and worked to
address the issue with employers instead. 
Since Medicare law already bars employers from offering cash incentives
to employees over age 65 to drop the company health plan and start
taking Medicare, they put similar language in the Defense bill concerning
incentives for employers to take Tricare over employer plans.  Thus,
form of it will be in the final defense bill

     MOAA has been working with the House and Senate Armed Services
Committees in hopes of modifying the language to avoid unintended
financial penalties for thousands of Tricare beneficiaries whose employers
aren’t conducting such cost-shifting campaigns.  For example, many
companies provide a modest monthly payment (e.g., $100 or $200) to employees
who choose to use health coverage offered through any other source, such
as a spouse’s employer or some previous employer, including federal
civilian insurance, state teachers’ insurance, some other civilian plan,
or Tricare.  Many retiring members want to keep Tricare because that’s
what they know, because a family member is in a special care program, or
just to maintain their family’s continuity of care. In other cases,
employers offer all health care through a cafeteria plan, under which the
employer pays a certain amount into the plan, and the employee chooses
where to spend it.  When MOAA asked knowledgeable Hill staffers if such
plans could be affected by the new legislative wording, they
acknowledged they could be.

     MOAA feels strongly that military beneficiaries in these kinds of
circumstances shouldn’t be singled out for what amounts to a pay cut
that doesn’t apply to other employees of the same company who also use
some other coverage. They have been encouraged by the interest the
committee staffs have taken in this issue and are optimistic that Congress
will agree to fix the legislative language. But it’s never safe to take
that for granted. Thus they are urging those affected to visit their Web
page http://capwiz.com/moaa/home and click on the Stop Military -
Unique Health Penalty link to send your legislators a suggested message on
this issue.   [Source: MOAA Leg Up 4 Aug 06]


NDAA 2007 UPDATE 10: The Senate version (S.2766) of the National
Defense Authorization Act contains modifications (i.e. Section 644, 645 and
646) to 10 United States Code Section 1408 (1993) which addresses how
DFAS responds to the provisions of the Uniform Services Former Spouses
Protection Act.  The Senate passed these proposals to the Joint
Senate-House Conference without comment. These modifications would:
- Eliminate the 10-year vesting period to DFAS garnishment of retired
pay as jointly earned marital property;
- Add COLA increases to dollar-based awards; and
- Discontinue the policy of including a copy of the court order with
the written notice that a court order has been received which will impact
on a retiree’s retired pay.
Retirees impacted adversely by these proposed modifications should
contact those congressional members serving on the Conference Committee and
indicate why they feel they should not be incorporated in the final
version of the NDAA.  The Senate members have been disclosed but to date
the House members have not. 

     Despite hopes the Senate would pass its version of the FY 2007
Defense appropriations bill S.2766, , prior to leaving for recess, it
pulled the bill on 3 AUG before a final vote. While the Senate had already
worked its way through 43 amendments in four days, Democrats indicated
they had approximately 50 more waiting for consideration. Democrats
pledged to make passage of the bill, which passed the House as H.R. 5631
in JUL 06 , their first priority following their return after Labor Day.
Senate passage of the bill was sought so that House and Senate staff
could begin work on the Conference Report over the recess. Both
Republicans and Democrats in the Senate agreed it would be essential to have a
final bill ready for the President’s signature prior to the end of the
current fiscal year. [Source: NMFA e-News 8 Aug 06 ++]


CASUALTY ASSISTANCE OFFICERS:  Each branch of service has officers who
serve as Casualty Assistance representatives. Although they go by
different titles - Casualty Assistance Officer (Army), Casualty Assistance
Representative (Air Force), Casualty Assistance Calls Officer (Navy,
Marines, and Coast Guard) - their jobs are the same.  Casualty Assistance
Officers are responsible for notifying family members when a service
member has died. A CAO will provide as much information as available
regarding the circumstances of the member’s death and will answer any
questions. The CAO will also ensure that the survivors’ immediate needs are
being met during this difficult time. The CAO will immediately begin
the process of providing any assistance available in making funeral or
memorial arrangements as appropriate and subsequently will assist
beneficiaries in the preparation and submission of claims to various
government agencies for benefits to which survivors may be entitled. In
addition, the Personnel Command will provide the CAO with a Casualty Assistance
Call Package for the next of kin. This package will contain various
benefit forms. CAO will provide assistance all claims are filed and
settled or until any issues regarding those benefits are resolved. The next
of kin may choose to release the CAO at any time that he or she feels
that their assistance is no longer needed or desired. [Source:  NAUS
Weekly Update 4 Aug 06]


NAVY PERSONAL DATA BREACH UPDATE 02:  The Navy has reported its third
data breach in as many months. Two laptops were stolen from New Jersey
Navy recruiting station offices in Trenton and Jersey City recently. The
laptops and several programs in them were password protected on
multiple levels and the likelihood of unauthorized access to the personal data
is extremely low, says the Navy. However, it is reviewing the data
contained in the computers, including personal information on approximately
31,000 individuals such as recruiters, prospects from school lists and
applicants. Approximately 4,000 of them had Social Security numbers in
the computers. The Navy is notifying those affected. Individuals who
believe they may be impacted can call the Navy Personnel Command call
center at 1(866) 827-5672 to confirm whether their personal information
was on one of the computers. Local police have turned over the
investigation of the matter to the Navy Criminal Investigative Service. 

     The military community continues to be at risk for identity theft
because the government and many large companies cannot get their act
together on this issue.  Those desiring complete protection can, for a
small fee, seek personal protection services from companies like LifeLock
www.lifelock.com which guarantee protection from identity theft and
reimbursement if it occurs. Even in the VA Data Breach incident all the
government could do was to propose a service that would report identity
theft after vice before it had occurred.  They then withdrew that offer
leaving veterans in doubt as to if they were at risk.  [Source: Armed
Forces News 4 AUG 06 ++]


MILITARY CARE PACKAGE KIT:  The USPS has a program for military family
members and friends to supply them with packaging materials to send
packages to troops overseas. If you call 1(800) 610-8734 and select option
# 1, ask them for the "Military pack" they will send you boxes, tape,
packaging materials and labels at no charge to you or the recipient. 
They will also give you an I.D. number so if your supply runs low, you
just call them up and they'll send you more supplies. The materials take
about four to ten days to receive. USPS web site
www.usps.com/supportingourtroops/ has guidelines for packing, addressing, and shipping items
to U.S. troops. The kit contains:
- Three (3) each of flat rate boxes O-FRB1 and O-FRB2
- Two each of Cube boxes OBOX4 and OBOX7
- Address labels - Label # 228  10 each
- One roll of Priority Mail tape
- 15 customs forms with envelopes.
[Source:  Mike Glass msg. dtd 31 Jul 06]


DISABLED VET JOBS:  Disabled veterans are participating in a new
virtual program that not only pays them for training on their home computers,
but places them in jobs that allow them to work from home. The veterans
are earning in the range of $15 to $22 an hour, with benefits, working
from home in the information industry.  They are trained for jobs such
as market researchers, data managers, hot-line responders, Web site
order processors, help-desk managers, customer care and service
coordinators, administration and billing clerks. Training consists of 15-weeks
600-hour program of web based, on-line classroom and practical training.
Students report in to the virtual classroom each morning, and as the
instructor presents the material, he or she will stop if any of the
students have a question The training, accredited by Northern Virginia
Community College, pays $11 an hour for a total of $6,600.At the conclusion
of the training program, each veteran trainee will have a thorough
understanding of a very complex, VOIP predictive dialing web-based system
that is utilized world-wide. About 100 veterans who have completed the
training so far have all been placed in jobs with companies such as The
Home Depot, FedEx, JetBlue, Dell Computer, and financial services
company PNC. The program is provided by the nonprofit Military Order of the
Purple Heart Service Foundation.

     To qualify, a veteran must have a disability rating from the
Department of Veterans Affairs, and a copy of his or her DD-214. A Purple
Heart award is not required. Those involved in the program range from
veterans of the current conflicts in Iraq and Afghanistan, to the Korean
War, age 19 to 74. To complete the training, a high-speed Internet
connection is needed. According to Ken Smith, the program director for the
Military Order of the Purple Heart Service Foundation,  they are
preparing to train another 350 veterans who have applied from all over the
country. Those interested should call (800) 720-9596 or go online at
www.purpleheartfoundation.org/job_training.asp. to fill out the On-line
Application.  For additional information contact
ksmith@purpleheartfoundation.org.  Sen. Larry Craig (R-ID), chairman of
the Senate Veterans’ Affairs Committee, praised the program in a 27 JUL
press conference. He said that when private-sector programs are
combined with government programs and opportunities we can be all that we need
to be for our veterans.  [Source: NavyTimes Karen Jowers article  Aug 6
++]


AIRLINE TICKET COMPARISONS:  There are many sites that will help you
book airline tickets. They all purport to have the best rates. Normally,
when you access  travel sites online they will search a handful of
other sites to pull up the best fare. That's good but even the best fare
you find may be too much. To see if you should check further try
FareCompare at www.farecompare.com. It will show you historical ticket prices
to your destination.  So that $400 ticket to Miami may seem like a
pretty good deal. That is, until you find that the average for the past year
has been $208. Given that, maybe you'll want to continue to look
further before purchasing. Also, some airlines like NorthWest will match any
lower fare you find plus throw in a bonus. [Source: Tips n' Topics, 22
Jul 06 ++]


CREDIT FREEZES IN JEOPARDY:  H.R. 3997, Financial Data Protection Act
of 2006, passed the House Financial Services Committee and awaits a full
vote in the House of
Representatives following the Summer Recess. The bill would, among
other things, eliminate most individual credit freezes allowed by state
laws. A Credit freeze allows an individual to "freeze" their personal and
financial data from being released by the three major credit bureaus. 
HR 3997 would override all state laws and allow only individuals who
have been the victim of identity theft or fraud to secure a credit
freeze. If approved as federal law it would deny States the ability to
preserve their citizen’s right of consumer protection through credit freezes.
The recent concern about the VA loss of personal data on active duty
military and veterans, an issue still not accepted as settled by many,
would have given those whose state laws were in effect the ability to
protect themselves and their families.

     Laws in 24 states presently allow their citizens to establish a
credit freeze of their personal and credit information at the three major
national credit bureaus. Credit Bureaus cannot release any information
on accounts with credit freezes, including credit reports to banks,
financial institutions, and others to market the data for products and
sales (credit cards, mortgages, insurance, and equity line of credit).
Denying release of personal and credit information blocks a potential
lender from issuing credit is a strong deterrent to identity theft and
fraud. Citizens which include military and retirees should have a right to
protect themselves from any disclosure of personal data. Victims of
identity theft often suffer financial, serious health risks aggravated by
the loss of time and quality of life for the months and sometimes years
to rectify personal situations. Credit Bureaus, financial institutions,
and others would benefit by eliminating existing personal choice credit
freezes which would then:
- Increase Marketing pool for financial credit, products, and services.
- Increase revenue for the credit bureau from the sale of personal data
or credit reporting for loan applications.
- Add the requirement to secure approval from the individual to release
data or to take the authorization from an individual for specific
release of information.

H.R. 3997 takes away a consumer protection that simply is not good for
consumers and the military community.  Concerned vets desiring to
contact their Congressional reps on how they should vote on this bill can do
so at
http://capwiz.com/ncoausa/utr/1/CBDBGEWAOK/DJAKGEWATD/820123186. [Source: NCOA Leg Action Alert 1 Aug 06]


PTSD REEVALUATION UPDATE 06:  Post Traumatic Stress Disorder (PTSD) is
a National issue affecting thousands of veterans and service members
returning from combat, yet studies show that many of those at risk do not
receive the treatment they need. On 3 AUG Senator Ken Salazar called
Congress’ attention to this critical issue by requesting a joint hearing
of the Senate Armed Services and Veterans Affairs Committees to examine
how the military and the federal governments deal with mental health
issues among America’s service members and veterans. Senator Salazar
said, “PTSD is a national problem that affects each of the armed services
and multiple government agencies. With the duration of the ongoing
military efforts in Iraq and Afghanistan uncertain, we must act to address
this matter before it is too late for many of our men and women in
uniform.” According to a recent Army study, one in three veterans returning
from combat experience readjustment problems.  In addition, a recent
GAO investigation found that only 22% of service members identified as at
risk for PTSD were referred for a mental health examination, and that
reasonable assurance is not available to support that service members
receive referrals when needed. 

     Failure to treat mental illness in its early stages has lasting
repercussions for the capacity of the Department of Veterans’ Affairs to
provide timely and appropriate services to veterans in need.  In
addition, a military discharge that is based on faulty grounds can result in
the denial in whole or in part  of the veterans’ benefits that a
service member has earned. Moreover, allowing a veteran’s mental illness to
go untreated places an increasing and unnecessary strain on the already
limited veterans’ health resources.  Currently, waiting times to see
military mental healthcare providers are reported to be over a month
long. At the same time, recent reports have suggested that discharges due
to personality disorders have risen substantially at some bases around
the country, and substance abuse or occupational instability often lead
to military punishment, including discharge. All are recognized
symptoms of PTSD, but can be misdiagnosed as the issue itself.  [Source: Sen.
Salazar Press Release 3 Aug 03 ++]


TRICARE OBESITY TREATMENT UPDATE 01:  Tricare Management Activity is
recruiting for a demonstration project in four states that tests how to
best educate active duty family members and retired beneficiaries about
the negative effects of obesity and encourage healthy food choices. The
project for Tricare beneficiaries living in Indiana, Illinois, Ohio and
Michigan began recruitment for participants on 26 JJUL 06.
Beneficiaries must be age 18 to 64, not entitled to Medicare or not enrolled in the
Tricare Extended Care Health Option and living within 40 miles of a
military treatment facility. For more information on the HEALTH
demonstration project, visit the DoD web site www.dodhealth.org , Tricare website
www.tricare.osd.mil/healthychoices/init/cfm or call 1-866-909-HLTH.
[Source: Military Report 7 Aug 06]


USAF RESERVE RETIREMENT APPLICATIONS:  Beginning 31 JUL all eligible
members of the Air Force Reserve will submit retirement applications
electronically via the virtual Personnel Center Guard and Reserve, a
24-hour, seven-days-a-week customer service Web portal operated by the Air
Reserve Personnel Center. Previously, reservists had to visit their local
military personnel flight, complete the required retirement application
package, submit it to their supervisor or commander, and send it to
ARPC. This new Web-enabled service is available at any time from anywhere
in the world and will give Airmen the ability to monitor the status of
their application from start to finish. Reservists can log on to the
vPC-GR at http://arpc.afrc.af.mil/support/default.asp to begin the
process.  When the submission is received, the reservist is e-mailed a
tracking number. After the member's commander -- or program manager for
individual mobilization augmentees -- has electronically endorsed the
application, the Reserve Personnel Contact Center at the ARPC will verify
eligibility and finalize the application.

     Once approved, the vPC-GR will send e-mail notifications to the
member and his or her commander or manager. This new process only applies
to members who have not yet initiated a retirement application. This
process does not apply to Airmen who have already applied for retirement
through their local MPF.  ARPC and the National Guard Bureau are
working together to expand this capability to Air National Guard members in
the near future. In the future, centralized services should account for
nearly every aspect of every reservists' personnel actions, from
initial enlistment to far beyond retirement and everything in between.  ARPC
and the Air Force Personnel Center are working simultaneously on
centralizing and automating many of their processes for all Airmen and
civilians in the Total Force. For more information about ARPC Personnel
Service Delivery, refer to http://arpc.afrc.af.mil/psd/default.asp. [Source:
Air Force Link 28 Jul 06]


TRAUMATIC BRAIN INJURY UPDATE 01:  Congress appears ready to slash
funding for the research and treatment of brain injuries caused by bomb
blasts, an injury that military scientists describe as a signature wound
of the Iraq war. House and Senate versions of the 2007 Defense
appropriation bill contain $7 million for the Defense and Veterans Brain Injury
Center which is half of what the center received last fiscal year.
Scientists at the center develop ways to diagnose and treat servicemembers
who suffer brain damage. The work is done at seven military and
Department of Veterans Affairs hospitals, including the center’s headquarters
at Walter Reed Army Medical Center in Washington, and one civilian
treatment site.

     Proponents of increased funding say they are shocked to see cuts
in the treatment of bomb blast injuries in the midst of a war. The Brain
Injury Center, devoted to treating and understanding war-related brain
injuries, has received more money each year of the war rising from $6.5
million in fiscal 2001 to $14 million last year.  Spokespersons for the
appropriations committees in both chambers say cuts were due to a tight
budget this year. George Zitnay, co-founder of the center, testified
before a Senate subcommittee in May that body armor saves troops caught
in blasts but leaves many with brain damage. Zitnay asked for $19
million, and 34 Democratic and six Republican members of Congress signed a
letter endorsing the budget request. The House of Representatives
approved its version of the spending bill 20 JUN. A vote in the Senate is
pending.

     The center has clashed with the Pentagon in recent months over a
program to identify troops who have suffered mild to moderate brain
injuries in Iraq from mortars, rocket-propelled grenades and roadside bombs
which are the most common weapons used by insurgents. Preliminary
research by the center shows that about 10% of all troops in Iraq, and up to
20% of front line infantry troops, suffer concussions during combat
tours. Many experience headaches, disturbed sleep, memory loss and
behavior issues after coming home, the research shows. The center urged the
Pentagon to screen all troops returning from Iraq in order to treat
symptoms and create a database of brain injury victims. Scientists say
multiple concussions can cause permanent brain damage. The Pentagon so far
has declined to do the screening and argues that more research is
needed. [Source: USATODAY & VVA Government Relations 9 Aug 06]


SOCIAL SECURITY & NEWBORNS:  When you have a baby, one of the things
that should be on your “to do” list is getting a Social Security number
for the child. The easiest time to do this is when you give information
for your child’s birth certificate to the hospital if born in the U.S.
You can request that they file for the newborn’s assignment of a social
security number. If you wait to apply for a number at a Social Security
office, there may be delays while they verify your child’s birth
certificate. Any U.S. citizen, can apply for a Social Security number for
their child born anywhere in the world regardless of the mother’s
nationality. But depending on the timing, they may not get a number for the
child by April 15. That’s because SSA verifies a birth record for all U.S.
born applicants who apply for an original Social Security number card.
For more information about applying for a number, see
www.socialsecurity.gov/ss5doc.  If you are worried about getting the number before the
April 15 tax filing deadline, you have two options. You can file your
income tax return without claiming the child and then file an amended
income tax return when the child has a Social Security number. You can
also file to extend the deadline for filing the tax return.

     Social Security provides SSI disability benefits to certain low
birth weight infants, whether or not they are premature.  A newborn, who
weighs less than 1200 grams (about 2 pounds, 10 ounces) can qualify for
SSI on the basis of low birth weight, if otherwise eligible.  A child
who weighs between 1200 and 2000 grams at birth (about 4 pounds 6
ounces) and who is considered small for his or her gestational age may also
qualify. Even if a child who was born prematurely does not fall into one
of the "low birth weight" categories, he or she may still qualify for
SSI if he or she meets the definition of disability for children for
another reason. For more information visit
www.socialsecurity.gov/applyfordisability  or you can call 1(800) 772-1213 and ask for the
publication, “Supplemental Security Income.”

     If you or someone you know needs help in selecting a name for
their baby, Social Security can help. Based on all Social Security card
applications for children born last year, Emily and Jacob are the most
popular baby names for the seventh year in a row. The top ten girls names
for 2005 are Emily, Emma, Madison, Abigail, Olivia, Isabella, Hannah,
Samantha, Ava, and Ashley. The top ten boys names are Jacob, Michael,
Joshua, Matthew, Ethan, Andrew, Daniel, Anthony, Christopher, and Joseph.
Emily has been the most popular female name each year since 1996. 
Jacob has been the top male name since 1999.  In addition to a list of the
1,000 most popular baby names for 2005, there is a list of the most
popular baby names for each state and a list of the top 100 names for
twins born in 2005.  Jacob and Joshua are the most popular twin’s names. It
is now easier to find information for babies, children and parents on
the Social Security website www.socialsecurity.gov. 

       If you are already receiving benefits for yourself, your spouse,
and children born of that marriage a child born outside that marriage
may qualify for Social Security benefits. An application should be filed
on behalf of that child and, if eligible, all children will receive
equal benefits.  There are links to other government websites that offer
valuable information about pregnancy, caring for newborns and programs
and services for families. Social Security started compiling baby name
lists in 1997.The  Social Security’s website has a variety of online
services that allow people to access information and conduct business with
Social Security from the convenience of their computers at any time.

     If you do not yet have a birth certificate for your child and your
child quickly needs a Social Security number to receive emergency
benefits or services, SSA may be able to help. There are special procedures
to expedite the assignment of a Social Security number if your child:
- Needs a number quickly to receive emergency benefits or services;
- Does not have a state-issued birth certificate;
- Has not already been assigned a number;
- Is less than a year old; and
- Was born in the United States.
SSA will ask you for a hospital birth record for your child. If that is
not available, they can accept a medical record from a healthcare
provider such as a doctor, nurse or midwife who attended the birth. Under
the law, SSA must verify the birth record independently. So, SSA first
will ask you to sign a form authorizing the hospital or health care
provider to release the child’s birth records to the Social Security
Administration. Then, SSA will contact the hospital or healthcare provider and
send them the forms we require to verify the birth.  It then is up to
the hospital or health care provider to provide SSA verification of your
child’s birth. If they do not respond within 30 calendar days of the
request, SSA cannot process the request for your child’s Social Security
number. [Source: www.seniorjournal.com 14 Aug 06]


MEDICARE ADVANTAGE PLANS:  USA Today on 10 AUG examined the effects of
increasing enrollment in Medicare Advantage (MA) plans. According to
data from the Centers for Medicare & Medicaid Services and the consulting
firm Avalere Health, enrollment in MA plans increased 19% from 1 DEC 05
through 1 JUL 06 to reach 7.3 million beneficiaries. The enrollment
growth had been especially strong in a type of plan called private,
fee-for-service (FFS) Medicare plans, which generally have wider provider
networks than conventional managed care plans. Enrollment in the private
FFS plans increased 265% from DEC 05 through JUL 06, but the plans still
represent only a tiny portion of total Medicare enrollment. The
increase in private FFS plan enrollment accounted for 47% of total growth in
MA plan enrollment over the same period.  The increase is pleasing
insurers who offer the plans, but fiscal watchdogs say the plans provide
little benefit to taxpayers.  Congress initially projected that MA plans
would decrease expenditures because of cost control methods used by
managed care plans. However, a recent report from the Medicare Payment
Advisory Commission (www.medpac.gov) finds that MA plans cost the
government an average of 11% more than traditional Medicare. According to a vice
president at the American Institutes for Research there is absolutely
no advantage of using MA plans except for the religious fervor that
surrounds the notion that the private sector is better than the public
sector.  However, the  president and CEO of America's Health Insurance
Plans who benefit from the increased usage contends More choice is good
news for beneficiaries.   You can view the entire Kaiser Daily Health
Policy Report at www.kaisernetwork.org/daily_reports/rep_hpolicy.cfm.  You
can also sign up for email delivery on numerous senior health care
topics at www.kaisernetwork.org/email.  [Source: USA Today article 10 Aug
06 ++]


NURSING HOMES UPDATE 03:  Consumer Union, publisher of Consumer
Reports, thinks they have found a better way for senior citizens and
caregivers to choose a nursing home. The magazine has launched its own online
nursing home guide at www.consumerreports.org and issued a statement
based on their survey that not-for-profit nursing homes are providing
better care than are for-profit homes. Independent nursing homes were found
to provide better care than those managed by companies that operate
numerous homes. For the survey, which was funded by a grant from the
Commonwealth Fund, researchers evaluated three of the most recent state
inspection reports for about 16,000 nursing homes nationwide. Researchers
ranked the best and worst 10% of nursing homes in each state using at
least two indicators of quality. Only a limited number of nursing homes
met the quality standards of Consumer Reports, which is published by
Consumers Union.
     Of the for-profit nursing homes evaluated, 2% met Consumer
Reports' standards. Not-for-profit facilities fared slightly better at 7.3%.
Consumer Reports also noted that independently owned facilities may fare
better than large chain facilities because they have more staff and are
more likely to use registered nurses. The magazine issued several
recommendations for family members searching for nursing home care for a
relative
  ● Obtain a list of homes from a nearby agency on aging, as well as
the contact information for the area ombudsman.
  ● Investigate the ownership of the facility, keeping in mind that
independent not-for-profit facilities tend to offer the highest quality
care.
  ● Do not rely on the CMS Web site for information. According to
Consumer Reports, "Our comparison of the information on that site and the
state inspection reports on which it is based show that you'll probably
get an incomplete and possibly misleading picture."
  ● Visit the homes under consideration. Drop by unannounced during
morning waking hours and dinner hours to see if residents are taken out of
their beds or eating communally. These are signs of a good,
well-staffed facility.  (AP/, 8/6).
[Source: San Francisco Chronicle & www.seniorjournal.com 7 Aug 06]


GENERIC DRUG USE UPDATE 01:  Not all generics are as equally
bio-available as their parent medications. There is no doubt that generics are
safe and cheaper, but users are cautioned that they may or may not
actually produce exactly the same effects as the patented medications at the
same dosages.  The FDA regulates the equivalency of active ingredients
in generic drugs. Sometimes there are tiny amounts of inactive
ingredients, which may give the generic drug its bulk or a specific shape or
color. For some people these inactive ingredients may have an
unanticipated effect. For example, suppose you're allergic to wheat. If a drug has
some added fiber to help it pass through the gastrointestinal system
quickly, that fiber doesn't affect how the drug works on your arthritis
pain? However, if the bulking agent is wheat fiber, you may experience a
slight allergic reaction. If you have a specific allergy, ask your
pharmacist about the ingredients in your medicine and remind your doctor of
your allergies. There are sometimes several generic versions of a drug
with slightly different inactive ingredients, so there may be one that
is right for you. You may wish to consult with your doctor about
formulary alternatives. A list of alternatives can be accessed online at:
www.tricare.osd.mil/pharmacy/medical-nonformulary.cfm.

     Patients who are switched to generics need to work very closely
with their physicians until they are sure that the generics are producing
the desired effect at the desired dosage level.  Without this caution,
switching patients to generics is not necessarily providing them the
best possible care.  For some patients generics simply do not work, and
they have to be placed back on the original medications, or the dosage
of the generics increased. TRICARE implemented its long-standing
mandatory generic substitution policy in 2005. Occasionally, some medications
which are normally classified as generic medications may be considered
non-formulary. Non-formulary generics will be subject to the
non-formulary co-pay of $22.00 without medical necessity approval and $9.00 with
medical necessity approval per Uniform Formulary regulations.
Beneficiaries who have brand name prescriptions for which there is a generic
equivalent need to talk to their doctor about switching to the generic, or
getting a medical necessity determination if the doctor believes it's
important to stick to the brand name drug for valid medical reasons. To
qualify for medical necessity, the doctor must certify one or more of
the following conditions:
• The patient has experienced, or would be likely to experience,
significant adverse effects from the generic medicine;
• The generic medicine has resulted in, or is likely to result in,
therapeutic failure, or;
• The patient has previously responded to the brand name medication,
and changing to the generic medication would incur an unacceptable
clinical risk.

     Physicians can begin the medical necessity process by faxing a
completed medical necessity form and prescription to Express Scripts at
1(877) 283-8075 (overseas physicians use 602-586-3915) or by mailing the
form with the prescription to Express Scripts, PO Box 52150, Phoenix,
AZ 85072. The necessary forms can be downloaded online at
www.tricare.osd.mil/pharmacy/medical-nonformulary.cfm. If approved, future refills of
your non-formulary medication will be charged at the formulary co-pay
of $9.00. An approval notification will not be sent to you. New
additions to the non-formulary drug list will be reviewed quarterly. All
additions will be posted on www.tricare.osd.mil/pharmacy/unif_form.cfm.
[Source: David M.Lam, MD COL MC USA (Ret) & Express Scripts msg 12 Aug 06
++]


COMBAT VETERAN HEALTH CARE UPDATE 01:  The Department of Veterans
Affairs (VA) provides cost-free health care services and nursing home care
for conditions possibly related to military service to veterans with
combat service after 11 NOV 98 for a period of 2 years beginning on the
date of their separation from active military service. Veterans,
including activated Reservists and National Guard members, are eligible if they
served on active duty in a theater of combat operations during a period
of war after the Gulf War or in combat against a hostile force during a
period of “hostilities” after 11 NOV 98 and have been discharged under
other than dishonorable conditions.  Public Law 105-368 [Title 38 USC
1710(d)(D)] authorizes VA to provide combat veterans cost-free care for
conditions potentially related to their combat service for up to two
years following their discharge or release from active duty.  These
veterans will be enrolled into Enrollment Priority Group 6 if not otherwise
qualified for a higher enrollment priority group assignment.  VA
provides full access to the Medical Benefits Package by virtue of this
enrollment status.  Also, veterans who enroll with VA under this authority
will retain enrollment eligibility even after their two-year post
discharge period ends under current enrollment policies.  For those veterans
who do not enroll with VA during this post two-year discharge period,
eligibility for enrollment and subsequent care is based on other factors
such as a compensable service connection rating, VA pension status,
catastrophic disability determination or the veteran’s financial
circumstances.

     Hostilities is defined as conflict in which Armed Forces members
are subjected to the danger comparable to that faced in a period of war. 
For purposes of establishing this special eligibility VA accepts
service documentation that reflects service in a combat theater, receipt of
combat service medals and/or
Veterans who qualify under this special eligibility are not subject to
copay requirements for conditions potentially related to their combat
service.  Unless otherwise exempted these veterans must either disclose
their prior year household income or decline to provide their financial
information and agree to make applicable co-payments for care or
services VA determines are clearly unrelated to their military service.  This
disclosure may provide additional benefits such as eligibility for
travel reimbursement, cost-free medication and/or medical care for services
unrelated to duty in the theater of combat operations.
The VA health care provider is responsible for determining if treatment
is possibly related to the combat veteran’s military service. In making
this determination, the health care provider must consider that the
following types of conditions are not ordinarily considered to be due to
military service: (1) Congenital or developmental conditions, for
example, scoliosis, (2) Conditions which are known to have existed before
military service, and (3) Conditions have a specific and well-established
cause and that began after military combat service.

     Eligibility for VA dental benefits is based on very specific
guidelines and differs significantly from eligibility requirements for
medical care. Combat veterans may be authorized dental treatment as
reasonably necessary for the one-time correction of dental conditions if:
• They served on active duty and were discharged or released from
active duty under conditions other than dishonorable from a period of
service not less than 90 days; and
• The certificate of discharge or release does not bear a certification
that the veteran was provided, within the 90-day period immediately
before the date of such discharge or release, a complete dental
examination (including dental X-rays) and all appropriate dental service and
treatment indicated by the examination to be needed; and
• Application for VA dental treatment is made within 90 days of
discharge or release
The telephone number to call regarding application can be found in the
local telephone directory under the U.S. Government listings or call
1(800) 827-1000 or the Health Benefit Service Center at 1(877) 222-8387or
visit the VA health benefits website:
www.va.gov/healtheligibility/home/hecmain.asp. [Source: New Mexico e-Veterans news - Issue 25, 5 JUL 05]


DISABLED RETIREE BACK PAY UPDATE 01:  The departments of Defense and
Veterans Affairs expect to be disbursing some $500 million in back
payments to as many as 120,000 military retirees recipients of Combat-Related
Special Compensation (CRSC) or Concurrent Retirement and Disability Pay
(CRDP). The payments could arrive significantly earlier for some
retirees than originally announced because the calculations are being
computerized. Individual amounts could average between $4,000 and $5,000, but
will vary because of differences in rank, disability amount, and the
length of the retroactive period. VA is expected to fund 60% of the $500
million and DoD the remaining 40%. Some retirees could get payments
from both the VA and DFAS (which will process DoD’s payments), but they
should receive a letter of explanation from the VA. [Source: Armed Forces
News 11 Aug  06]


DISABLED VET TAX:  Congressman Jim Marshal introduced by on 25 JUL 06
HR 5881, the Disabled Veterans Tax Termination Act.  The provisions of
this bill are not included in the 2007 National defense Authorization
Act to be negotiated this September in the Conference committee and will
not be unless congressional representatives are asked by their
constituents to have it included. Among other things HR 5881 would:
1.  Repeal the 11 year phase in of CRDP (Concurrent Retirement
Disability Pay) such that everybody receives full benefit.  This would benefit
some 85,000 retirees with rated disabilities between 50 and 90%. 
2.  Extend CRDP to those with less than 50% disability.  This would
benefit some 375,000 retirees now receiving no benefit from CRDP.
3.  Extend CRDP (but apparently not CRSC) to Chapter 61 retirees.  This
would benefit some 188,000 Chapter 61 medical disability retirees. 
Chapter 61 ranks are now being filled with many young retirees from
Afghanistan and Iraq. 
4.  Extend CRSC (Combat Related Special Compensation – 10 USC Section
1413a) to TERA retirees.
5.  Repeal the 4 year phase in of CRDP for IU (Invidually Unemployable)
such that everybody receives full benefit.  This would benefit some
28,000 retirees with disabilities between 50 and 90% who are compensated
by the VA at the 100% level.
[Source: USDR Action Alert 13 Aug 05]


RESERVE INCOME REPLACEMENT PROGRAM:  A New Defense Department program
announced this month should ease the financial hardships of some
activated National Guardsmen and Reservists who suffer income loss when on
active duty. Eligible personnel will receive payments commencing 1 SEP 06.
But program rules limit eligibility, in most cases, to only those at
the very end of the longest mobilizations. The Reserve Income Replacement
Program (RIRP) will pay those eligible the difference between their
total monthly military pay and their 12-month average civilian income (if
greater than $50) up to a maximum of $3,000 per month. Congress created
RIRP in the fiscal year 2006 defense authorization act. The program
expires at the end of 2008. Various studies indicate that from 25% to 50%
of Guardsmen and Reservists suffer income loss when on active duty.
They now become eligible RIRP for any full month following the date they
complete the requisite eligibility service requirements, which include
one of the following:
- Be serving on active duty in an involuntary status and have completed
18 continuous months of involuntary active duty, or
- Have completed 24 cumulative months of involuntary active duty within
the last 60 months, or
- Be serving on involuntary active duty for a period of 180 days or
more that starts within six months of separation from a previous period on
involuntary active duty for at least 180 days.

Program payments, however, are not automatic. Guardsmen and Reservists
must apply for the RIRP payments through their service personnel
offices. Complete RIRP information, including a downloadable eligibility
verification form, can be found at www.defenselink.mil/ra/ by clicking on
the "Income Replacement" tab, then clicking on "Points of Contact" for
your service representative. [Source: NGAUS NOTES - August 11, 2006]


VDBC UPDATE 06:  The Veterans Disability Benefits Commission will host
a Southern Regional Town Hall meeting on 5 SEP, at the Marriott Atlanta
Century Center, located at 2000 Century Boulevard NE, in Atlanta GA. 
The meeting will begin at 1900 and end at 2100 and is open to the
public.  This Regional Town Hall meeting is the last of eight site visits the
Commission will have completed in 2006. The next public meeting of the
Commission is scheduled for WED thru Fri 13 to 5 SEP the Beacon Hotel,
located at 1615 Rhode Island Avenue NW in Washington, DC.  The starting
date is new, as Commission Chair Scott has determined there is a lot of
information to go over and discuss.  They will probably only have a
half day session on Friday. Tentative dates and locations for Commission
meeting for the remainder of 2006 are:
October 19-20        Beacon Hotel, 1615 Rhode Island Avenue NW,
Washington, D.C.
November 16-17    Embassy Suites, 900 10th Street NW, Washington, D.C.
[Source: NAUS Weekly Update 9 Jun 06]


VA BOSTON HOSPITALS:  The VA has rejected a proposal to close its four
Boston hospitals and create a new single medical center for the whole
metropolitan center. The proposal has been being studied for the last 2
years. The Secretary of the VA, the Honorable R. James Nicholson
stated: “VA is committed to continuing world-class medical care that is
convenient and accessible for Boston-area veterans. VA will provide veterans
with the care they need in the locations that make sense.” Nicholson’s
announcement comes after reviewing input from veterans groups, academic
affiliates, labor unions, employees and other stakeholders, along with
the recommendations of a local advisory panel that has held public
meetings. [Source: TREA Leg Up 11 Aug 06]


AMYOTROPHIC LATERAL SCLEROSIS UPDATE 02:  The Department of Veterans
Affairs (VA) is developing a nationwide registry of living veterans who
have amyotrophic lateral sclerosis (ALS). This effort is directed by the
Epidemiologic Research and Information Center (ERIC) at the VA Medical
Center in Durham NC, with cooperation from the VA Medical Center in
Lexington KY. The ALS Association (ALSA) is advising the study leaders.
All living veterans who have been diagnosed with ALS are encouraged to
participate in this research registry
which will help the VA to understand patterns of ALS among veterans and
provide a valuable data for future studies. Specific objectives for the
Veterans' ALS Registry include the following:
- To identify as completely as possible all veterans with ALS, and
continue to enroll newly diagnosed individuals;
- To collect data, including DNA samples, which will be available for
approved studies examining the causes of ALS;
- To provide a way for the VA to inform veterans with ALS about
research studies for which they may be eligible.

ALS, also known as Lou Gehrig’s disease, is a chronic and progressive
neurodegenerative disease that attacks the brain cells that control
muscle movement. As these cells die, the affected muscles weaken and then
shrink, leading to progressive paralysis. There are no known cures for
this disease. It is a non-contagious, adult-onset disease and is rare
among individuals under 45 years of age.
     Any living veteran who has been diagnosed by a physician as having
ALS is eligible to enroll. For veterans who may not be able to contact
the VA on their own, family members or friends are encouraged to
contact VA researchers on the veteran's behalf.  As of 6 AUG 1600 veterans
have enrolled. Veterans who qualify for the registry will be asked to
complete a brief telephone interview, including basic questions about
their disease and military history. A brief follow-up interview with
registry enrollees on a biannual basis will follow to assess health and
functional status. The VA may contact registry participants about future ALS
studies in which they may be able to participate. VA study coordinators
may be reached by calling at 1(877) 342-5257, email to the study
coordinator Barbara Norman at ALS@med.va.gov , or writing to ALS REGISTRY
(152), VAMC, 508 Fulton Street, Durham NC 27705. Additional information
about the registry can be found on: 
http://www.va.gov/durham/alsregistry.asp  [Source: www.va.gov  8 Aug
06]


ARMY AWARD CITATIONS:  Navy Secretary Donald C. Winter has approved a
policy change that eliminates the wait Marines and Sailors endured in
the past while certain nonvalor Army award citations were sent up the
individuals’ chain of command for approval by their parent service. Under
the new policy, Marines and Sailors in a combat zone who earn awards
such as Army Achievement Medals and Army Commendation Medals can pin them
on immediately and send a copy of the citation to their service
records. Awards such as the Bronze Star Medal, Purple Heart and decorations
for valor still must be approved by the parent service. [Source: Armed
Forces News 28 Jul 06]


MILITARY LEGISLATION STATUS UPDATE:  Following is current status on
some Congressional bills of interest to the military community.  Support
of these bills through cosponsorship by other legislators is critical if
they are ever going to move through the legislative process for a floor
vote. At http://thomas.loc.gov you can determine the current status of
each bill and if your legislator is a sponsor of the bill you are
concerned with. The key to increasing cosponsorship is letting your
representative know of your feelings on these issues.  At the end of most of
the below listed bills is a web link that can be used to do that:

H.R.303:  The ‘Retired Pay Restoration Act of 2005’ To amend title 10,
United States Code, to permit certain additional retired members of the
Armed Forces who have a service-connected disability to receive both
disability compensation from the Department of Veterans Affairs for their
disability and either retired pay by reason of their years of military
service or Combat-Related Special Compensation and to eliminate the
phase-in period under current law with respect to such concurrent receipt. 
No new sponsors were added to this bill which has a total of 237. To
support this bill and/or contact your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7728776.  

H.R.602:  The ‘Keep Our Promise to America's Military Retirees Act’ to
restore health care coverage to retired members of the uniformed
services and their eligible dependents. House version of  S.407.  No new
sponsors were added to this bill which has a total of 249.

H.R.808:  The ‘Military Surviving Spouses Equity Act’ to amend title
10, United States Code, to repeal the offset from surviving spouse
annuities under the military Survivor Benefit Plan for amounts paid by the
Secretary of Veterans Affairs as dependency and indemnity compensation
(DIC).  A motion was filed to discharge the Rules Committee from
consideration of H.RES 271 on 16 NOV 05.  This resolution provides for the
consideration of H.R.808 and requires 218 signatures for further action. No
new sponsors were added to this bill which has a total of 207. To
support this bill and/or contact your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7683586
To support the
discharge petition and/or contact your Representative refer to
http://capwiz.com/moaa/issues/alert/?alertid=8248891&type=CO

H.R.968: To amend title 10, United States Code, to change the effective
date for paid-up coverage under the military Survivor Benefit Plan from
October 1, 2008, to October 1, 2005. No new sponsors were added to this
bill which has a total of 143. To support this bill and/or contact your
Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7683511

H.R.994:  To amend the Internal Revenue Code of 1986 to allow Federal
civilian and military retirees to pay health insurance premiums on a
pretax basis and to allow a deduction for TRICARE supplemental premiums. 
No new sponsors were added to this bill which has a total of 335. This
is the House version of S.484. To support this bill and/or send a
message to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7761876

H.R.995: The ‘Combat Military Medically Retired Veteran's Fairness Act
of 2005’ to amend title 10, United States Code, to provide for the
payment of Combat-Related Special Compensation under that title to members
of the Armed Forces retired for disability with less than 20 years of
active military service who were awarded the Purple Heart. No new
sponsors were added to this bill which has a total of 31. To support this
bill and/or send a message to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7683281

H.R.1366:  The Combat-Related Special Compensation Act of 2005 to amend
title 10, United States Code, to expand eligibility for Combat-Related
Special Compensation paid by the uniformed services in order to permit
certain additional retired members who have a service-connected
disability to receive both disability compensation from the Department of
Veterans Affairs for that disability and Combat-Related Special
Compensation by reason of that disability. 
No new sponsors were added to this bill which has a total of 51.  There
are no related bills.  To support this bill send a message to your
Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7718711
To support Sen. Reid’s amendment to the 2007 NDAA bill S.2766 send a
message to your Representative refer to
http://capwiz.com/usdr/issues/alert/?alertid=8371516&type=ML

H.R.2076: The ‘Retired Pay Restoration Act of 2005’ To amend title 10,
United States Code, to permit certain retired members of the uniformed
services who have a service-connected disability to receive both
disability compensation from the Department of Veterans Affairs for their
disability and either retired pay by reason of their years of military
service or Combat-Related Special Compensation.  No new sponsors were
added to this bill which has a total of 28. Related bills are H.R.303,
S.558, S.845. To support this bill and/or send a message to your
Representative refer to http://capwiz.com/usdr/issues/bills/?bill=7728776

H.R.2356:  The ‘Preserving Patient Access to Physicians Act of 2005’ to
amend title XVIII of the Social Security Act to reform the Medicare
physician payment update system through repeal of the sustainable growth
rate (SGR) payment update system. No new sponsors were added to this
bill which has a total of 173.  Related bills are S.1081. To support this
bill and/or send a message to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7742321.
 
H.R.2962: The ‘Atomic Veterans Relief Act’ to amend title 38, United
States Code, to revise the eligibility criteria for presumption of
service-connection of certain diseases and disabilities for veterans exposed
to ionizing radiation during military service, and for other purposes. 
No new sponsors were added to this bill which has a total of 52.  There
are no other related bills. To support this bill and/or send a message
to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7784066

H.R.4914: The ‘Veterans' Choice of Representation Act’ to amend title
38, United States Code, to remove certain limitations on attorney
representation of claimants for veterans benefits in administrative
proceedings before the Department of Veterans Affairs, and for other purposes. 
No new sponsors were added to this bill which has a total of 8. There
are no other related bills.  To support this bill and/or send a message
to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=8835676

H.R.4949: The ‘Military Retirees Health Care Protection Act’ to amend
title 10, United States Code, to prohibit increases in fees for military
health care.  No new sponsors were added to this bill which has a total
of 160. There are no other related bills.  To support this bill and/or
send a message to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=8591231

H.R.4992: The ‘Veterans Medicare Assistance Act of 2006’ to provide for
Medicare reimbursement for health care services provided to
Medicare-eligible veterans in facilities of the Department of Veterans Affairs. 
No new sponsors were added to this bill which has a total of 20. There
are no other related bills.  To support this bill and/or send a message
to your Representative refer to
http://capwiz.com/usdr/index_frame.dbq?url=http://capwiz.com/usdr/issues/bills/?bill=8670886

H.R.5881: The ‘Disabled Veterans Tax Termination Act’ to amend title
10, United States Code, to eliminate the offset between military retired
pay and veterans service-connected disability compensation for certain
retired members of the Armed Forces who have a service-connected
disability, and for other purposes. Introduced 26 JUL 06 by Rep Marshall, Jim
(GA-03) the bill has no cosponsors. There are no other related bills.
To support this bill and/or send a message to your Representative refer
to
http://capwiz.com/usdr/index_frame.dbq?url=http://capwiz.com/usdr/issues/alert/?alertid=8969606&queueid=[capwiz:queue_id]

S.185:  The ‘Military Retiree Survivor Benefit Equity Act of 2005’ to
amend title 10, United States Code, to repeal the requirement for the
reduction of certain Survivor Benefit Plan annuities by the amount of
dependency and indemnity compensation and to modify the effective date for
paid-up coverage under the Survivor Benefit Plan. No new sponsors were
added to this bill which has a total of 35. There are no other related
bills.  To support this bill and/or send a message to your Senator
refer to http://capwiz.com/usdr/issues/bills/?bill=7709421
 
S.407:  The ‘Keep Our Promise to America's Military Retirees Act’ to
restore health care coverage to retired members of the uniformed services
and their eligible dependents. No new sponsors were added to this bill
which has a total of 14. A related bill is H.R.602.  To support this
bill and/or send a message to your Senator refer to
http://mrgrg-ms.org/fax-it.html

S.484: To amend the Internal Revenue Code of 1986 to allow Federal
civilian and military retirees to pay health insurance premiums on a pretax
basis and to allow a deduction for Tricare supplemental premiums. No
new sponsors were added to this bill which has a total of 63. A related
bill is H.R.994. To support this bill and/or send a message to your
Senator refer to http://capwiz.com/usdr/issues/bills/?bill=7787396

S.2617: The ‘Military Retirees Health Care Protection Act’ to amend
title 10, United States Code, to limit increases in the costs to retired
members of the Armed Forces of health care services under the TRICARE
program, and for other purposes.  No new sponsors were added to this bill
which has a total of 9. There are no other related bills. To support
this bill and/or send a message to your Senator refer to
http://capwiz.com/usdr/issues/alert/?alertid=8675066&type=CO

S.2658:  The ‘National Defense Enhancement and National Guard
Empowerment Act of 2006’ to amend title 10, United States Code, to enhance the
national defense through empowerment of the Chief of the National Guard
Bureau and the enhancement of the functions of the National Guard
Bureau, and for other purposes. No new sponsors were added to this bill
which has a total of 39. A related bill is H.R.5200.  To support this bill
send a preformatted or edited message to your Senator by using the
“Write to Congress” feature refer to www.ngaus.org.

S.2694:  The ‘Veterans' Choice of Representation and Benefits
Enhancement Act of 2006’ to amend title 38, United States Code, to remove
certain limitation on attorney representation of claimants for veterans’
benefits in administrative proceedings before the DVA, and for other
purposes.  This bill was passed/agreed to in Senate 3 AUG 06 by unanimous
consent.  To support this bill and/or send a message to your Senator refer
to http://capwiz.com/usdr/issues/bills/?bill=8835631

Note:  The House of Representatives is out of session 31 July thru 3
Sept.  The Senate is out of session 7 AUG thru 3 SEP.  With members back
home to campaign and meet with constituents, August is the perfect
month to talk to your Congressman/woman and Senators. There are only 84
days until Election Day.  Be sure you are registered to vote and make your
vote count. . [Source: USDR Action Alerts 1-15 Aug 06 ++]


Lt. James “EMO” Tichacek, USN (Ret)
Director, Retiree Assistance Office, U.S. Embassy Warden & VITA Baguio
City RP
PSC 517 Box RCB, FPO AP 96517
Tel: (760) 839-9003 or FAX 1(801) 760-2430; When in RP: (74) 442-7135
or FAX 1(801) 760-2430
Email: raoemo@sbcglobal.net.  When in Philippines raoemo@mozcom.com
Web:
http://post_119_gulfport_ms.tripod.com/rao1.html
AL/AMVETS/CORMV/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 member
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