RAO Bulletin Update
1 October 2006
THIS BULLETIN UPDATE CONTAINS THE FOLLOWING ARTICLES:
== NDAA 2007 [12] ----------------------------- (Debate continues)
== NDAA 2007 [13] ----------------- (Appropriations Act Passed)
== VA Claim Denial [01] ----------- (Multiple Claim Submission)
== VA Data Privacy Breach [25] ---- (2nd Computer Recovered)
== VA Retro Pay Project [03] ------------------------- (Pay Begins)
== Cervical Cancer [01] ---------------- (WRAMC Offers Vaccine)
== TFL Claim Processing [03] ---------------- (Opt-out Providers)
== VA Disability & SSDI ------------------------- (Who is eligible)
== TRICARE Reserve Select [05] ---------------- (Begins 1 OCT)
== VA Mental Health Funding -- (Administration Shortchanging)
== FEHBP Premiums 2007------------------------ (2.3% Increase)
== GI Bill Inequities --------------------------- (Low DoD Priority)
== Tricare Uniform Formulary [14] ------- (90 Days Insufficient)
== Tricare Catastrophic Cap Update 03------------- (1 OCT Reset)
== Generic Drug Prices Update 01----------- (WalMart Decrease)
== Hurricane Safety ---------------------------- (Are You Prepared)
== Sole Surviving Child (Enlistment): --------- (Who Must Serve)
== Military Ins/Investment Predators -- (S.418 Sent to President)
== Military Payday Lenders [01] ----------------- (How they do it)
== Military Payday Lenders [02] --------------- (One less Lender)
== VA GAO Findings [01] --------------------- (Room to Improve)
== Commerce Dept Privacy Breach ---- (Lost/stolen Computers)
== VA COLA 2007 [01] ------------------------ (Potentially 2.9%)
== VA Disability Buyout [01] ------------------- (Buyout Origins)
== VA Disability Buyout [02] ------------------- (VDBC Studying)
== AHLTA [02] ------------------------------- (USAF to go Online)
== VA Facility Funding ----------------------- (Sharing Resources)
== VA Claim Error Rate [01] ----- (House Oversight Committee)
== Agent Orange Cancer Study [01] --------- (Ranch Hand Ends)
== Mobility System ------------------------------- (VHA Coverage)
== GI Bill Update 10---------------------- (Payment Rate Increase)
== COLA 2007 Update 06--------------------------- (3.6% to Date)
== Gulf War Syndrome -------------------------- (Still Not defined)
== Vet Cemetery Florida Update 03----- (New Jacksonville Site)
== VA Clinic Florida ----------------------- (Cape Coral New Site)
== Equal Justice for Servicemen -------- (Supreme Court Access)
== Legislative Process ---------------------------------- (Bill to Law)
== Military Legislation Status ------------------- (Where we stand)
NDAA 2007 UPDATE 12: Work continues on the 2007 Defense Authorization
Bill (S. 2766/H.R.5122). While information on progress in the
conference committee remains tightly held, conversation with conferees and
congressional staff indicates that the steep increase in TRICARE fees
proposed by DoD has been rejected. However, it is reported that language
dealing with pharmacy issues remains under negotiation. The House bill
contains a provision to increase pharmacy costs from $3 to $6 for
generic drugs and from $9 to $16 for brand name. The Senate language would
keep copays at current levels. Also at stake in the conference is
advance on the SBP/DIC offset, military pay raises, concurrent receipt
changes and a number of other issues important to veterans. Though most of
the bill apparently has already been settled, nothing is finished until
the conference report is filed.
It appears that the House provision on providing postal assistance
to families with loved ones overseas may not make the final cut. The
provision would help families and friends with troops deployed in Iraq
and Afghanistan get limited free mail privileges to send letters and
care packages to those defending our freedom. Although a letter or package
from home is always appreciated by troops stationed overseas, lifting
morale and bringing a welcomed reminder of home this does not seem
sufficient to allow approval. Evidently, DoD and the Senate think there is
a possibility that the free postage could result in transportation
complications due to the upswing in mail that would result from the
proposal.
From an article in USA TODAY, it appears that the chairman of the
Senate Armed Services Committee Sen. John Warner (R-VA) has rejected
House Speaker Dennis Hastert (R-IL-14) and Sen. Bill Frist (R-TN) effort
to add amendments to his bill on Military Pay. Hastert wanted to add an
amendment to the NDAA that would allow all judges to carry handguns and
another amendment that pertained to Homeland security. First wanted to
add an amendment that would curb internet gambling. Among other things
Warner said in a memo to Frist that he is "Firmly Opposed" to including
unrelated items to the Defense Bill. Hastert's spokesman said that
after agreeing in July to remove the court security provisions from the
Child Protection and Safety Act, the speaker received a promise from the
Senate leadership that the legislation would be added to a legislative
vehicle prior to the November elections. With Hastert sticking to his
guns, the defense authorization bill appears primed to be delayed into
November's lame-duck session
Warner rejected these proposals since they had nothing to do with the
NDAA. [Source: NAUS Weekly Update 22 Sep 06 ++]
NDAA 2007 UPDATE 13: The House and Senate conference committee on 21
SEP agreed to a final version of H.R. 5631, the Defense Appropriations
bill and on 26 SEP voted overwhelmingly, 394-22 to approve the final
version. Acceding to reported pressure from the White House to limit any
cuts in the Presidents request, the final amount of $447.6 billion
includes $70 billion in emergency supplemental spending for the wars in Iraq
and Afghanistan. Additionally the bill includes a continuing resolution
that will fund programs in bills not completed by the start of the new
fiscal year on 1 OCT. This measure, known as a “stop-gap” will fund
those programs at their 2006 levels through 17 NOV. Delay is anticipated
since Congress will recess for the NOV elections. The conference report
was completed on 25 SEP and the Senate passed 100-0 the Defense
Appropriations Act, which the House had already approved earlier in the week.
The measure now goes to the President for signature into law. For
defense, this action represents one-half of the equation. Yet to be
completed is passage of the 2007 National Defense Authorization Act.
An initial scan of the Preliminary Appropriations Compromise
Report received by NAUS indicates:
- There are provisions in the bill to stop any DoD requested Tricare
enrollment fees or pharmacy co-pay increases. This favorable action is
only in place for the new fiscal year and it is expected to be brought up
again by DoD next year.
- It restricts unscrupulous lending practices by imposing 36-percent
annual interest rate cap on loans to servicemembers, along with other It
provides a 2.2% pay raise for military personnel vice the 2.7% sought.
This is the smallest military pay raise in more than a decade.
- It does not mention the SBP/DIC Offset or the "paid-up" provision for
SBP for those 70 years and older and who have paid premiums for 30
years or more.
- There is no mention of the Mail Voucher provision that would provide
a monthly postal benefit to families with loved ones overseas in combat
or recovering from wounds as a result of actions in Afghanistan or
Iraq.
- It contains changes to improve Tricare benefits for Guard and
Reserves.
- It dropped the Senate-recommended provision to provide full,
immediate concurrent receipt for disabled retirees designated "unemployable" by
the VA.
- It dropped the Senate-recommended provision to reduce retirement age
by 3 months for every 90 days mobilized since 9/11.
- It dropped Senate-recommended provision requiring additional
incentive payments to doctors to take TRICARE patients in areas with physician
shortages.
- It provides $400,000 free SGLI coverage for members assigned to Iraq
and Afghanistan.
- It authorizes permanent ID cards for permanently disabled dependents
of retirees, and requires a Pentagon report on giving members an option
to have their Social Security numbers removed from ID cards
- It makes all drilling reserve members eligible for Tricare coverage
at the lowest current premium (28% of cost) and requires a Pentagon
study of partially subsidizing continuation of a private employer's
coverage of family members during periods of mobilization.
- It dropped a proposal to mandate use of the mail-order pharmacy for
all refills of maintenance medications.
- It dropped initiatives to eliminate copays for most drugs dispensed
through the mail-order system and to require drug companies to give
TRICARE equal price discounts on drugs dispensed through retail pharmacies.
If issues not funded in the above are not included in the final report
veterans will need to raise them again in the 110th Congress which
starts in January 2007. [Source: NAUS Weekly Update 29 Sep 06 ++]
VA CLAIM DENIAL UPDATE 01: A new case decided on 27 JUL 06 by the U.S.
Court of Appeals for the Federal Circuit could have negative
ramifications for veterans and their dependents. The Court held that "where the
veteran files more than one claim with the VA Regional Office at the
same time, and that office's decision acts (favorably or unfavorably) on
one of the claims but fails to specifically address the other claim,
the second claim is deemed denied, and the appeal period begins to run."
The case was Andrews v. Nicholson, 421 F.3d 1278 (Fed. Cir. 2005)]
which can be viewed at www.fedcir.gov/opinions/05-7155.pdf. This means, in
contravention of 38 U.S.C. Sec. 5104 and 38 U.S.C. Sec. 3.103, that:
- VA does not have to provide the claimant with notice of the claim or
claims that have been deemed denied or the reasons for the denial; and
- The period in which to submit a notice of disagreement with the
claims deemed denied begins to run from the date of the decision on any of
the other simultaneously submitted claims; and
- An unrepresented or poorly represented claimant could have the time
to appeal the deemed denied claims run out without even knowing that the
claims had been denied!
The new ruling also puts in question existing sections of 38 U.S.C.
which state:
(a) In the case of a decision by the Secretary under section 511 of
this title [38 USCS § 511] affecting the provision of benefits to a
claimant, the Secretary shall, on a timely basis, provide to the claimant
(and to the claimant's representative) notice of such decision. The
notice shall include an explanation of the procedure for obtaining review of
the decision.
(b) In any case where the Secretary denies a benefit sought, the
notice required by subsection (a) shall also include (1) a statement of the
reasons for the decision, and (2) a summary of the evidence considered
by the Secretary.
(c) Statement of policy. Every claimant has the right to written
notice of the decision made on his or her claim, the right to a hearing, and
the right of representation. Proceedings before VA are ex parte in
nature, and it is the obligation of VA to assist a claimant in developing
the facts pertinent to the claim and to render a decision which grants
every benefit that can be supported in law while protecting the
interests of the Government. The provisions of this section apply to all claims
for benefits and relief, and decisions thereon, within the purview of
this part 3.
(d) The right to notice -- (1) General. Claimants and their
representatives are entitled to notice of any decision made by VA affecting the
payment of benefits or the granting of relief. Such notice shall clearly
set forth the decision made, any applicable effective date, the
reason(s) for the decision, the right to a hearing on any issue involved in
the claim, the right of representation and the right, as well as the
necessary procedures and time limits, to initiate an appeal of the
decision.
A legal opinion on whether this applies to both related and
unrelated claims was that it did. For example, if a veteran files claims for
a back disability, tinnitus and a psychiatric disability, all at the
same time, and only one of those claims is adjudicated, the others are
deemed denied under the holding of this case. If no notice of
disagreement is submitted within 1 year, the decision becomes final, and the
veteran would have to submit new and material evidence in order to reopen
those claims. If any of those claims are eventually granted, the
effective date of compensation could only be from the date of the request to
reopen those claims, rather than the date of filing for the original
claims. This also generates the problem of how a veteran could submit a
claim for CUE (clear and unmistakable error) with specificity, as the law
requires, when there has been no reason given for the denials. VA has
not yet released a press release or clarification on how they intend to
proceed with present or future multiple claims. Veterans in this
situation who receive notice of denial on any of their claims are advised to
seek clarification from the VA on how to proceed. However, since DVA
has not yet promulgated guidance to their ROs on how to proceed those
inquiring may have to wait for an answer. [Source: VAWatchdog.Org - VA
NEWS FLASH - 08-01-06 #1 ++]
VA DATA PRIVACY BREACH UPDATE 25: The stolen desktop computer
containing sensitive data on about 16,000 patients at Veterans Affairs
Department medical centers has been recovered, and a suspect has been arrested.
Washington DC resident 21 year old Khalil Abdullah-Raheem was charged
in federal court 13 SEP with the theft of government property and
released on a $50,000 personal recognizance bond, according to the VA
Inspector General’s Office. Abdullah-Raheem was employed by a company that
provides temporary labor to VA contractor Unisys Corp. Unisys was hired by
VA to assist in insurance collections for various VA medical centers.
Officials do not believe Abdullah-Raheem targeted the data, but the FBI
is conducting a forensics analysis to determine if the data was
compromised. The computer, owned by Unisys, contained insurance claim
information for about 16,000 living patients treated in VA medical centers in
Pittsburgh and Philadelphia. The computer just recovered was not
encrypted.
VA Secretary James Nicholson praised the investigative work of
the IG and the FBI. Senate Veterans’ Affairs Committee Chairman Larry
Craig, R-Idaho, called the recovery a shining moment for both
organizations. Craig said, “This is the second time law enforcement has come
through. Let’s hope there is no need for a third time.” The computer was
stolen from a Unisys facility in Reston, VA. Abdullah-Raheem was working
there temporarily as a building maintenance employee. The company had
been offering a reward of up to $50,000 for information leading to the
equipment’s recovery. Investigators think the computer was taken in order
to record music. Since a separate early May incident endangering
personal information on 26.5 million veterans, Nicholson has vowed to make
VA’s information security the best in the government by instituting a
series of reforms of what critics say is a dysfunctional IT organization.
One month ago, the VA announced that it will begin encrypting all
agency computers through a $3.7 million contract to Systems Made Simple Inc.
in Syracuse, N.Y. All agency laptops were to be encrypted by 15 SEP 06.
As of 26 SEP VA had installed encryption software on nearly 15,000
laptop computers. In testimony before the Senate Veterans' Affairs
Committee the department's acting chief information officer Robert Howard,
said this represents most of VA's laptops. However, his office was unable
to encrypt fewer than 100 laptops because they would not accept
software from GuardianEdge, a San Francisco-based data security company and
these will not be used until they are properly secured. Desktop computers
are next on the list for encryption.
VA also is working to provide agency-owned computers to employees
who currently use their personal machines for work purposes. Howard
said the agency plans to wait for fiscal 2007, which begins 1 OCT because
of the cost. In the meantime, employees who use their personally owned
computers for work have been informed that they are required to protect
any sensitive information. He added VA is conducting an inventory to
get an idea of the cost of replacing what could potentially be thousands
of personally owned computers, many of them used by the Veterans Health
Administration's doctors. VA can track when employees log on to its
network from personally owned computers, but cannot require the
installation of security patches or see what employees are working on.
Accomplishing VA Secretary James Nicholson's goal of making the department the
"gold standard" for the government in information security will entail
completing 322 actions listed in the department's Data
Security-Assessment and Strengthening of Controls Program. A document outlining the
status of those actions indicates that the Veterans Health Administration
and the Veterans Benefits Administration have yet to finish assessing
their contractors’ IT activities. The document also states that the VA is
20% finished implementing standardized IT directives and 27% of the way
toward enhancing IT management security controls. VA officials also are
working to fill 500 full-time positions created in the department's IT
reorganization aimed at centralizing control over technology networks.
In the interim the House passed HR 5835 a bill by voice vote 26 SEP.
The bipartisan bill would reorganize information technology operations at
the Veterans Affairs Department, would create an Office of the
Undersecretary for Information Services at the Veterans Affairs Department, and
offer credit monitoring in the event of a data breach. [Source:
GOVEXEC.com Daily Briefing 15 & 26 Sep 06 ++]
VA RETRO PAY PROJECT UPDATE 03: Retirees do not need to apply. All
retirees who may be eligible for additional money are expected to be
identified by 1 OCT 06. Once all eligible retirees have been identified,
DFAS will publish a general schedule on their Web site. DFAS says a small
group of disabled military retirees in SEP will be the first of 133,000
to receive lump-sum back payments, which are tied to start-up
challenges for two concurrent receipt programs enacted since 2003. The trickle
of back payments will become a small geyser at the end of October. By
then, officials say, another 40,000 retirees will see their catch-up
payments deposited electronically in their bank accounts by either the VA,
DFAS or by both. Back payments will vary in size from several hundred
dollars up to $10,000 or more. The average payment, by one estimate,
will be $3700. Almost all retirees in line for the back pay served 20 or
more years and all have disabilities that made them eligible for
Concurrent Retirement and Disability Pay (CRDP) or Combat-Related Special
Compensation (CRSC).
DFAS’ deputy director for operations Pat Shine said that a
majority of the back payments will be made within the next six months, with
DFAS focusing first on older cases. It could take up to six more months
to calculate and pay the most complex retro pay file. These involve
multiple VA rating adjustments since CRSC and CRDP began, shifts by
retirees between these two types of payments, ex-spouse pay entitlements and
any other issues that requires lengthy record searches. DFAS officials
are calling the $500 million back pay effort the "VA Retro Pay
Project." A VA Retro Award hotline at 1(877) 327-4457. has been set up by DFAS
to field questions M-F 08-1600 EST from CRSC and CRDP recipients who
believe they might qualify. DFAS has also assembled a Frequently Asked
Questions page on its Web site. It can be found at
www.dod.mil/dfas/retiredpay/frequentlyaskedquestions/retroactivepaymentofcrscandorcrdpfaqs.html.
By late SEP, DFAS officials hope to have posted a detailed explanation
of the back pay program on its website at: www.dod.mil/dfas. The
assistant director for policy with VA's Compensation and Pension Service in
Washington D.C., Thomas J. Pamperin said, "We have been working with
DFAS for almost 18 months. The back pay issue is something where neither
one of us can do it by ourselves. We need a lot of information
exchanged. DFAS and VA now are testing files that have been transferred back
and forth between us. We are going to have a final test the last week in
September to make sure that all the [software] logic is working to
identify eligible retirees and calculate retro payments."
VA figures to pay 80% of money owed. Some retirees will receive
two checks, one from the VA and another from DFAS. Before payments are
deposited, affected retirees will get letters explaining reasons for the
back pay and how the amounts were calculated. Most of the shortfalls
resulted from VA withholding too much disability compensation after CRSC
and CRDP began. Traditional VA and DFAS rules on withholding failed to
take account of changes to concurrent receipt law. This resulted in a
situation where people's entitlement to disability pay had a [start]
date prior to the date we actually started paying it. The pay shortfalls
can be blamed in part on the considerable complexity of CRDP and CRSC.
Congress designed the programs to alleviate, but only for certain career
retirees, a century-old ban on concurrent receipt of both military
retirement and VA disability compensation. Until CRSC began on 1 JUN 03
and CRDP began on 1 JAN 04 all military retirees with service-related
disabilities had to accept a dollar-for-dollar reduction in taxable
retired pay in order to receive tax-free VA compensation for their
service-related injury or illness. CRSC allows retirees with at least 20 years
of service to receive tax-free pay to replace any offset in taxable
retired pay required on receipt of VA disability compensation. For CRSC,
retirees must have combat-related injuries or ailments and apply to their
service to establish eligibility. CRDP, on the other hand, is paid
automatically if the retiree served 20 years and has service-related
disabilities rated 50 percent or higher by VA. The full CRDP is being phased
in for most of its 170,000 recipients, adding another layer of
complexity to the back payment effort. Retirees can be eligible for both CRSC
and CRDP but can receive only one.
Before these programs took effect, Shine said, VA and DFAS didn't
need to worry about tracking retroactivity of payments. When a
retiree's VA rating was approved or raised, VA knew to withhold the additional
compensation from the retiree until it got word from DFAS that military
retirement had been reduced. This avoided government overpayments.
Retirees impacted by such withholding simply notified the IRS, on their
next tax return, to treat any portion of their retired pay received after
their VA benefits kicked in as non-taxable compensation. This
arrangement between VA and DFAS no longer worked after CRSC and CRDP took
effect and indeed it created compensation shortfalls. Of 220,000 retirees
now drawing one of these payments, 60% are owed back pay, and most can of
that be traced to over withholding by VA. Retirees who received
retroactive pay in SEP represent the sampling of files that DFAS and VA used
test their revised pay software and data exchange processes. Back
payments owed to the remaining 133,000 retirees have been separated by levels
of difficulty. The easiest to calculate, using only computers, are
40,000 files prepared for OCT 06 delivery to VA. VA back payments will be
made near the end of the month. DFAS can make batches of back payments
weekly, starting in October. "Our target is to get the majority of the
[back pay] population done within six months," said Shine. "But we also
recognize that, because some of these cases are just a lot more
difficult and involved, it could take as much as 12 months to get all payments
completely satisfied. To be eligible, you must:
- Be a military retiree (Army, Navy, Air Force or Marine Corps); and
- Meet all the requirements for either CRSC or CRDP eligibility; and
- Have received payment(s) of either CRSC on or after 1 JUN 03 for CRSC
and/or CRDP on or after 1 JAN 05; and
- Have been awarded one or more increase(s) in your percentage of
disability by the VA on or after 1 JUN 03.
[Source: Tom Philpott article 15 Sep 06 ++]
CERVICAL CANCER UPDATE 01: Women patients at Walter Reed Army Medical
Center can now get vaccinated against certain subtypes of the virus
that can lead to cervical cancer, a deadly cancer in women. Walter Reed is
one of the first military hospitals to begin using a Food and Drug
Administration-approved “breakthrough” vaccine that can be administered to
women ages 11 to 26 to protect them against human papillomavirus (HPV)
type 6, 11, 16, and 18. The vaccination is offered in the Pediatric
Clinic and the Allergy and Immunology Clinic. Vaccinating against HPV type
6, 11, 16, and 18 is a three-step process given over a six-month
period. The HPV vaccine is only effective for patients who don’t have an
active ongoing HPV infection in one of the effected strains. However it’s
not likely that if you’re infected with one, you’re infected with all
four, so it’s still effective against three of the four even if you have
one of the strains. HPV infection is not necessarily an indication that
an infected woman will get cervical cancer. If infected it’s very
common that it will regress on its own within six to 12 months. If it does
go away you can then get vaccinated against it. It’s the HPV infections
that don’t go away; those which are persistent, that cause doctors to
be particularly concerned. Persistence can lead to cervical dysplasia,
or abnormal cells on the cervix which can lead to pre-invasive cervical
cancer and invasive cervical cancer.
Regular gynecological exams are important for early detection and
potential treatment of cervical cancer. Women who have regular Pap
tests are least likely to get cervical cancer, according to the American
Cancer Society. Cervical cancer can result in loss of fertility, because
it requires either the removal of the uterus or treatment with chemo
radiation. Genital warts are a physically and socially debilitating
disease in the sense that when somebody gets tagged with the moniker of
having warts, not only are they visible, but it’s psychologically impairing
to the patient. The vaccine that can prevent 90% percent of all vulvar
warts. Parents with teenage daughters tend to become defensive when
the vaccination option is offered for teenage girls. They insist their
daughters aren’t having sex. But the denial is pointless, because the
vaccine can protect them whether they are sexually active now or in the
years to follow. Eighty-five percent of all college-aged students and
high school seniors have been or are currently sexually active.
The vaccine was approved for use by the FDA in JUN 06 and is the
first vaccine designed to prevent cervical cancer. According to the
American College of Obstetrics and Gynecologists, studies suggest that
three out of four people will get an HPV infection during their lifetime.
Although more than 100 subtypes of HPV have been identified to date,
the ones most commonly associated with cervical cancer and genital warts
are covered by this vaccine. Women and parents of girls should discuss
HPV and vaccination options with their gynecologists. At Walter Reed,
vaccinations are given to female patients age 11 to 26 in the medical
center’s Allergy and Immunology Clinic. Pediatric patients get the
vaccination in the Pediatric Clinic. For more information on HPV, go to:
www.fda.gov/bbs/topics/NEWS/2006/NEW01385.html. (Source:
http://www.dcmilitary.com/stories/091406/stripe_27936.shtml 27 Sep 06)
TFL CLAIM PROCESSING UPDATE 03: Military associations received word on
24 SEP that the Tricare Management Activity (TMA) has postponed
implementation of a policy that would deny claims from beneficiaries who enter
into private contracts with providers who have opted out of Medicare.
Certain providers are allowed to “opt out” of Medicare for a period of
two years and enter into private contracts with their patients who are
Medicare-eligible beneficiaries. When a provider “opts out” of Medicare,
Medicare will not make any payment to the provider or the beneficiary
except for services provided in an emergency/urgent care situation. A
private contract must be signed by both parties prior to delivery of
services, and must include the following statements:
• The beneficiary (or legal representative) agrees not to bill Medicare
or to ask the provider to bill Medicare for services.
• The beneficiary (or legal representative) agrees to give up any
Medicare coverage and payment for services furnished by the opt-out
provider, even though the services may have otherwise been covered by Medicare.
• The beneficiary (or legal representative) agrees to be liable for the
full billed amount without regard to any limits that would otherwise
apply under Medicare.
• The beneficiary acknowledges that Medigap plans will not make
payments to opt-out providers, and other supplemental plans may elect not to
make payment.
Since the beginning of the current Tricare contracts, Tricare has been
acting as primary payer for these opt-out claims. In other words,
Tricare has been paying as if the beneficiary was in Tricare Standard.
Paying these claims as primary payer is contrary to long-standing Tricare
policy, which requires Tricare to pay second to Medicare for any
Medicare-covered services. As a rule, Tricare beneficiaries may not elect to
waive benefits under a double coverage plan and shift the costs to
Tricare. To comply with these requirements, TMA recently announced it had
decided to modify the payment process for claims from opt-out providers
and Medicare beneficiaries who have entered into private contracts.
Military associations and others raised many questions about this policy
change to senior DoD Health Affairs officials. Due to the concern about
this issue, several different alternatives are being explored and TMA
will announce its final decision in the near future. While this proposed
policy change is being analyzed, beneficiaries may continue to see
Medicare opted-out providers. However, they are strongly encouraged to seek
Medicare participating providers. Additionally, Tricare beneficiaries
should review any papers they sign in a provider’s office to rule out
that they are agreeing to see a provider who has opted out of Medicare.
However, Tricare will continue to pay claims as primary payer of
beneficiaries continuing to see providers who have opted-out of Medicare if
they would otherwise be covered by Tricare until a final decision
regarding this issue is made. [Source: NMFA Government & You E-News 27 Sep 06
++]
VA DISABILITY & SSDI: In a recent statement made to the Veterans’
Disability Benefits Commission, Allison Percy, principal analyst at the
Congressional Budget Office (CBO), reported only 15% of veterans who are
receiving VA disability compensation also receive Social Security
Disability (SSDI). Federal law grants disability payments through the Social
Security Act on top of veterans disability benefits. Disabled veterans
are the only group of individuals who are permitted to receive SSA
disability in addition to Veterans Administration disability benefits. Ms.
Percy invited the Veterans Disability Benefits Commission to provide
the answers on the following since there is no data available:
- The extent to which SSDI payments are received by veterans with
service-connected disabilities rated at 100% or by those with lower-rated
service-connected disabilities who also have additional disabilities
unrelated to their military service
- The likelihood that veterans will receive both types of payments
depending on the type of disability.
In response to the latter, Frederick Johnson, author of “How To
Apply For & Win Social Security Disability Benefits,” says that at least
in the 9th Circuit, the Administration has made note of the similarity
of the standards of judgment for disability for both veterans and SSDI
claimants by ruling that those who have been awarded disability by the
Veterans Administration, should also be granted SSDI. As to the other
questions, the research that the commission is undertaking now has the
potential to provide far better information about the role that SSDI
plays in providing income support for some disabled veterans. The CBO
agency takes as a premise that the clearest view of any policy question can
best be found by seeking accurate and unbiased data sources and by
examining those data in an objective manner. Consequently, CBO sees only
advantages to learning more about the degree to which the totality of
federal benefits (including SSDI payments) enables veterans with
service-connected disabilities to have a standard of living comparable to that
of other veterans. Mr. Johnson added, “If the comments I’ve heard from
vets is any indication, the military branches do a very poor job of
letting disabled veterans know about the SSDI program.”
The Veterans Disability Benefits Commission was established in
2004 with the purpose of studying the federal benefits available to
disabled veterans and the survivors of fallen veterans. The commission’s 13
members are appointed by the President and Congress, but it is
independent of any government agency, and welcomes comments from the public.
Reportedly, the Commission is most interested in finding out how well
benefit programs are meeting adequate standards of living for those who are
not able to be rehabilitated. It has denied it is interested in cutting
benefits. The Commission’s Web site has details about the time and
location of its town meetings planned around the U.S. [Source: Veterans of
Modern Warfare, Nancy Rekowski msg 15 SEP 06 ++]
TRICARE RESERVE SELECT UPDATE 05: On October 1 TRS will begin Tiers 2
and 3 coverage of this three their program. The tiers will cover all
members of the National Guard and reserves at different levels of
premiums depending on the member’s status and their access to other health
insurance. These are:
- Tier 1 for those who deploy for a contingency operation and are
entitled to participate at a cost share of 28/72 (those previously eligible
for TRS);
- Tier 2 for those who are unemployed or are not offered employer
sponsored health care, are now eligible to participate at a cost share of of
50/50; and
- Tier 3 for all others at a cost share of 15/85.
Full activation of the program now makes nearly all members of the
Selected Reserve eligible for military Tricare coverage. TRS features are:
1. Comprehensive health care benefits with covered benefits of Tricare
Standard and Tricare Extra cost sharing, deductibles, and catastrophic
caps that apply to active-duty family members (including the TRS
member, him/herself)
2. Two types of coverage - TRS member-only coverage & TRS member and
family coverage
3. Worldwide availability (as long as you continue in the SelRes under
a TRS Service Agreement)
The price is steep for those who haven't been mobilized since 911.
Monthly premium costs for the 3 tier levels in calendar year 2006 are
$81.00, $145.29, & $247.00 for TRS member only and $253.00, $451.42, &
$767.41 for TRS member & family. Premiums are paid monthly, in advance.
There is no annual or quarterly billing available. Premium costs are
adjusted 1 JAN every year with the December premium payment reflecting the
next year’s premium costs. Additional information on TRS is available at
www.tricare.osd.mil/reserve/reserveselect/index.cfm. [Source: TREA Leg
Up 28 Sep 06 ++]
VA MENTAL HEALTH FUNDING: The Department of Veterans Affairs (VA)
provides mental health services to veterans with conditions such as
post-traumatic stress disorder (PTSD) and substance abuse disorders. To
address gaps in services needed by veterans, VA approved a mental health
strategic plan in 2004. VA planned to increase its fiscal year 2005
allocations for plan initiatives by $100 million above fiscal year 2004
levels. VA also planned to increase its fiscal year 2006 allocations for plan
initiatives by $200 million above fiscal year 2004 levels---composed of
$100 million for continuation of fiscal year 2005 initiatives and an
additional $100 million identified in the President’s fiscal year 2006
budget request. GAO was asked by Rep. Michael Michaud (D-ME) and Rep.
Lane Evans (D-IL), to provide preliminary information on VA’s allocation
and use of funding for mental health strategic plan initiatives in
fiscal years 2005 and 2006. GAO reviewed VA reports and documents on mental
health strategic plan initiatives and conducted interviews with VA
officials from headquarters, 4 of 21 health care networks, and 7 medical
centers. VA delegates decision making to its health care networks for
most budget and management responsibilities regarding medical center
operations, and medical centers receive most of their resources from the
networks.
According to Government Accountability Office (GAO) findings
delivered to a House committee 28 SEP the Bush Administration failed to
fully fund its promised $300 million to address gaps in access and quality
of mental health services for veterans over the last two years.
Preliminary findings of the GAO study show that the VA actually budgeted only
half (approximately $53 million) of the $100 million it had committed
to mental health care initiatives in fiscal year 2005. VA also claimed
to allocate another $35 million in FY 2005 through a general fund, but
GAO found VA did not notify networks that these funds were to be used
for [mental health] plan initiatives and that medical center officials
were unaware that any portion of their general allocation was to be
specifically used for mental health strategic plan initiatives. GAO said
VA did not distribute the remaining $12 million of the promised $100
million because VA officials claimed there was not enough time to
distribute the monies. For fiscal year 2006, GAO found that VA failed to
distribute all of the promised $200 million for additional mental health
care staff, allocating only $92 million for new initiatives and $66
million to continue efforts from FY 2005. GAO reported that it is unclear
whether VA medical centers will actually spend all of the FY 2006 mental
health care strategic plan funds.
GAO’s preliminary findings reveal that, contrary to the
Administration’s claims, there is no accountability for spending the resources
required to fulfill VA’s own mental health plan and to address the mental
health care needs of veterans. Ranking Member of the Veterans’ Affairs
Subcommittee on Health Michaud said, “The Administration has critically
shortchanged veterans by failing to spend needed funds to address gaps
in access and quality of mental health care, instead offering false
claims that VA is ready and able to provide these services. Clearly, our
oversight of the VA’s implementation and delivery of mental health
services will have to be more vigorous.” Chairman Brown said, “We will
exercise greater oversight on this issue now to determine what VA is
spending and how it is being spent, to ensure that funds allocated by the
American people are used as intended.” One in three veterans returning from
Iraq and Afghanistan who come to the VA has mental health care
concerns. A copy of GAO’s testimony regarding its findings is available at
http://veterans.house.gov/democratic/press/109th/pdf/9-28-06gao.pdf.
The full report will be released later this fall. [Source: Veterans
Advocate Carl Young msg 28 Sep 06 ++]
FEHBP PREMIUMS 2007: In JAN 07 federal employees will see their health
insurance premiums rise an average of 2.3% -- a much smaller increase
than in years past. Individual enrollees in the Federal Employees Health
Benefits Program (FEHBP)will pay an extra $1.45 every two weeks for a
total of $58.45. Those with family plans will pay $3.13 more for a total
of $131.64, on average. And in the biggest plan, Blue Cross Blue
Shield, premiums won't go up at all. They will even decrease under certain
options. More than 50% of the 8 million FEHBP participants belong to Blue
Cross Blue Shield. Local plans, such as those operated by health
maintenance organizations, will get more expensive. Officials at the Office
of Personnel Management (OPM), which oversees the FEHBP, said the
primary reason for a lower premium hike this year is a more liberal use of
reserve funds. Those are taken from participants' premiums each year and
hoarded to cover unexpected medical costs.
OPM Director Linda Springer said at a press briefing 26 SEP that
the insurance companies themselves first floated the idea of dipping
into reserves this year, and her financial team found the circumstances
were right. OPM will use $500 million from an $11 billion pot of reserves
-- less than 5%. Springer said Performance was good enough, and OPM
did not have to build the reserve. However, Jacqueline Simon, public
policy director for the American Federation of Government Employees said,
“ The reserves are being used improperly. What we know is true is that
enrollees' premiums will go up by more than the government's premiums.
And the reason for that is that OPM manipulated the allocation of the
so-called excess reserves to give themselves a greater subsidy."
According to Nancy Kichak, OPM's associate director for strategic human
resources policy, the government's contributions will go up 1.6% next year.
That's smaller than the enrollee increase because of a technical matter
involving timing differences in calculating the two portions. Last
year, enrollees had a 10% average premium increase, while the government's
hike was 5.2%. Premium increases peaked in fiscal 2002, when they
reached 12.7% between employees and the government. The last time they were
this low was in 1997, when there was a 1.6% hike divided between
enrollees and the government.
Federal employees and retirees will be able to pick their
insurance plan for 2007 during open season, which starts 13 NOV. About a week
before that, OPM will post brochures on its Web site detailing costs
and coverage in each plan. For the first time, current and retired
federal employees will be able to choose supplemental vision and dental
insurance during the open season. Biweekly premiums for family dental plans
range from around $20 to $55 and feature 100% coverage for preventative
dental work and varying coverage for other procedures. Family vision
insurance will range from about $8 to $16 every two weeks. There is no
government subsidy for the dental and vision insurance. Also for the
first time, OPM is publicizing specific insurance plans that meet its
standards for cost transparency. The 18 companies will let enrollees get
cost information for certain procedures including cataract repair,
caesarean birth and knee replacement to allow participants to shop for the
best deal. OPM will feature the companies during open season. [Source:
GOVEXEC.com Daily Briefing 20 Sep 06]
GI BILL INEQUITIES: On 27 SEP MOAA President VADM Norb Ryan, Jr.
(USN-Ret) represented MOAA and The Partnership for Veterans Education - a
broad-based group of military, veterans and higher education associations
at a Montgomery GI Bill (MGIB) hearing before two House Armed Services
and Veterans Affairs subcommittees. He recommended that Congress
combine the reserve and active duty MGIB programs, which are now separately
overseen, respectively, by the Armed Services and Veterans Affairs
Committees. Ryan highlighted that today's Reserve benefit is only 27% of
the active duty benefit - down from 50% when it was first enacted. He
noted that Guard-Reserve members can only use their benefits while in
service - which can negate much of the benefit in a high-mobilization
environment. He likened the situation to a car out of alignment that might
run the All-Volunteer Force into a ditch if not fixed. Ryan proposed a
total force GI Bill to better support recruiting, retention, and
readjustment for all servicemembers. The first witness, Sen. Blanche Lincoln
(D-AR), promoted her bill to let activated reservists use their GI Bill
benefits for 10 years following completion of service, just as active
duty veterans already can. Her measure was adopted in the Senate
version of the defense authorization bill for fiscal year 2007 but it was
dropped in final negotiations with the House.
Principal Deputy Assistant Secretary of Defense for Personnel and
Readiness Mike Dominguez said DoD opposes any changes, saying education
benefits aren't that important to reservists, and that he would rather
spend money on equipment. He took the position of dismissing any
inequity, saying Guard/Reserve GI Bill upgrades are not a cost-effective way
to support recruiting and retention. That did not go down well with the
legislators, who expressed frustration that a year-long DoD study of
consolidating the GI Bill was still not completed. Rep. Vic Snyder
(D-AR), Ranking Minority Member of the Military Personnel Subcommittee, said
he felt strongly about the Guard and Reserve inequity. Many Guard and
Reserve members have served two tours in Iraq, and he contrasted their
relatively skimpy education benefit with the 45 months of GI Bill
benefits he earned in the Vietnam era in return for 21 months of active
service (including a 13-month deployment). Snyder said he will introduce
total force MGIB legislation and work to get it passed next year.
[Source: MOAA Leg Up 29 Sep 06 ++]
TRICARE UNIFORM FORMULARY UPDATE 14: A panel of beneficiary advisors
has concurred with a DoD pharmacy panel's recommendation to move Crestor
and Caduet, which lower so-called "bad cholesterol" (LDL), to Tricare’s
"third tier" of medications. The change could affect about 44,000
beneficiaries. Tricare will continue to cover 12 other cholesterol-lowering
drugs, including the popular Lipitor and Zocor, at the lower $3
(generic) or $9 (brand name) copay. The proposed plan is to implement the
change within 90 days. MOAA believes 90 days is not enough time to notify
beneficiaries and allow them to discuss alternative options with their
doctors. DoD provides beneficiaries no notice at all of such changes,
but depends on military associations to spread the word. But
associations typically have 60-to-90-day lead times for their magazines, which
makes timely notification impossible for most beneficiaries, even if they
belong to an association. The practical reality is that this prevents
most affected beneficiaries from finding out about the change until
they get charged $22.
Third-tier drugs can still be obtained at the regular $9 copay if
the doctor specifies the drug is medically necessary for the patient
(e.g., works better or avoids side effects associated with other drugs)
and the medical necessity determination is approved by DoD. Dr. William
Winkenwerder, Assistant Secretary of Defense for Health Affairs, will
make the final decision on moving the drugs to the third tier. For more
information, contact the Tricare Retail Pharmacy (TRRx) customer
service line at 1(866) 363-8779. For the TRICARE mail order pharmacy (TMOP)
call 1(866) 363-8667. Information on both programs can be found at
www.express-scripts.com/TRICARE. [Source: MOAA Leg Up 29 Sep 06 ++]
TRICARE CATASTROPHIC CAP UPDATE 03: The Tricare Catastrophic Cap
Resets on 1 OCT 06. The catastrophic cap limits the amount of out-of-pocket
expenses a family will have to pay for Tricare-covered medical
services. The cap applies to all covered services—annual deductibles, pharmacy
copays, Tricare Prime enrollment fees and other cost shares based on
Tricare-allowable charges. The cap applies to the fiscal/enrollment year
(1 OCT to 30 SEP) and is a total amount per family. The cap is $1,000
for active duty families and $3,000 per family for all other
beneficiaries. After you meet the catastrophic cap, Tricare will pay your
portion of the Tricare-allowable amount for all covered services for the rest
of the fiscal/enrollment year. The cap does not apply to services not
covered by Tricare or to any amount that nonparticipating providers may
charge above the Tricare maximum allowable charge for services.
Tricare will not apply out-of-pocket expenses paid under the Prime
point-of-service option (deductibles and cost shares) to the annual
fiscal/enrollment year catastrophic cap. The beneficiary is responsible for any
point-of-service charges incurred both before and after meeting the
catastrophic cap. For more information about the Tricare catastrophic cap,
you may call your regional contractor, visit or call or visit a local
beneficiary counseling assistance coordinator (BCAC) or Tricare service
center. A BCAC directory is available online at
www.tricare.osd.mil/BCACDirectory.htm. [Source: NAUS Weekly Update 22 Sep 06 ++]
GENERIC DRUG PRICES UPDATE 01: Wal-Mart announced it is selling nearly
300 generic drugs for $4 per prescription, whether or not a customer
has insurance. The new pricing began 22 SEP 06 at Wal-Mart’s 65 stores
in Tampa, Florida, and will be in place in all Florida stores in JAN 07,
expanding to many more states by the end of 2007. The $4 price is for
a 30-day supply of many generic versions of popular prescription
medications. Insured customers will be allowed to pay the $4 per
prescription price even if that is less than the co-payment required by their
plan. The administrator of the federal Centers for Medicare and Medicaid
Services, does not expect beneficiaries of the Medicare drug benefit
(Part D) to switch because of the coverage for generics provided already by
Part D plans. He said that the Wal-Mart plan does provide a way for
Medicare recipients to save money after they reach the "doughnut hole,"
the gap in annual drug costs at which Medicare does not subsidize these
costs. According to Wal-Mart, it started the program to help families
and retirees, especially those on Medicare. It is likely, however,
that Wal-Mart is also banking on increased traffic in its stores to offset
the substantially lower prices on some of the generic drugs on its
list. Stock prices for competitors CVS and Walgreen fell 7 and 8 percent
respectively the day after Wal-Mart’s announcement. Generic drugs
continue to be available under Tricare for $3 per 30-day supply. However, a
proposal under consideration at the conference committee on the 2007
National Defense Authorization Act would increase the price of generics
to $6. [Source: NAUS Weekly Update 22 Sep 06 ++]
HURRICANE SAFETY: Have a good plan prepared when hurricanes threaten
your area. Don't wait until your radio blares out a hurricane warning.
There's a lot you can do to protect yourself, your family, your pets,
and your home -- if you act in time. Last year’s devastation from
Hurricane Katrina and Hurricane Rita has made more Americans appreciate the
wrath of Mother Nature. The effects of that disaster brought home the
message that these storms touch everyone's lives. One in six Americans
live in a county on the Atlantic or Gulf coasts where hurricanes pose
yearly threats. Even if we don't live in these areas, many of us vacation
in areas of the U.S., the Caribbean, or Mexico where hurricanes
habitually hit. Unfortunately, it may have taken the impact of Katrina and Rita
to make people realize that riding out a hurricane is always a big
mistake. In case of an emergency, TRICARE will provide you with up-to-date,
critical information on TRICARE and DoD related matters that may affect
your health benefits. Updates will include information gathered from a
variety of sources, including other federal agencies and departments,
state and local government, and the news and media. For tips on
protecting your family and property visit: www.fema.gov/plan/index.shtm. U.S.
hurricane season runs from June through November. Mid-August to late
October is peak season.
Before Hurricane Season:
• Put together a disaster supplies kit. It should contain: 1) A
first-aid kit. 2) Canned food & a can opener. 3) Three gallons of water per
person. 4). Clothing, rain gear, and bedding or sleeping bags. 5) One
flashlight per person, with extra batteries. 6) Any special items or
medicines needed for infants or people with disabilities.
• Learn whether you live in a flood zone. Call your local emergency
management or planning/zoning office to find out. If you are in a flood
zone, it's a good idea to buy flood insurance -- normal homeowners'
policies don't cover floods. Remember, most policies don't take effect for
30 days.
Learn how to turn off your home's water, electricity, and gas. Don't
turn the gas back on without professional help.
• If you live in a county near the coast, make sure your house is
hurricane resistant. If you're not sure, have a licensed engineer check
it.
During Hurrican Season Stay Informed:
• Get a weather radio and keep its batteries fresh. The National
Weather Service suggests that people have a weather radio equipped with a
Specific Area Message Encoder (SAME) feature. This automatically
broadcasts an alert when there's hurricane information for your area.
• People with hearing or visual impairments can get weather radios
that connect to strobe lights, pagers, bed-shakers, home computers, and
printers.
• If you don't have a special weather radio, keep a battery-operated
radio handy. Know how to tune it to a local station that broadcasts
severe-weather warnings.
• Know what to listen for: A hurricane WATCH means that conditions are
right for a hurricane to hit. It's time to check your hurricane
preparations and review your evacuation plan. A hurricane WARNING means a
hurricane is expected to hit your area within 24 hours. Leave the area if
local officials say to do so.
What to Expect:
• Hurricanes pack sustained high winds of 74 mph or more. Gusts can be
much faster. Hurricane Camille in 1969 set the record for the highest
wind speed ever to hit the Western hemisphere. It had sustained winds of
190 mph at landfall. Items such as toys left in the yard, signs, and
construction materials become deadly missiles in hurricane-force gales.
• When a hurricane hits expect a storm surge (i.e. a dome of water
topped by battering waves) to sweep the coastline the shore. At the
water's edge, it's the greatest threat to life and property. Storm surges can
be 50 or even 100 miles wide. A 15-foot storm surge is not unusual for
a major storm.
• If it's high tide when a hurricane hits, the storm surge adds to the
water's height. In 1989, Hurricane Hugo caused a 20-foot storm tide in
South Carolina.
• Hurricanes carry lots of rain. These rains often cause flash floods,
landslides, and mud slides hundreds of miles from the coast. In 1969,
Hurricane Camille dropped 27 inches of rain on Virginia causing severe
flash floods that killed 150 people. Slow-moving hurricanes cause the
most flooding.
• Hurricanes often spawn tornadoes far from the center of the storm.
[Source: Web MD www.webmd.com Sep 06 ++]
SOLE SURVIVING CHILD (ENLISTMENT): Contrary to popular belief only
sons, the last son to carry the family name, and sole surviving sons must
register for the draft, they can be drafted, and they can serve in
combat. However, they may be entitled to a peacetime deferment if there is
a military death in the immediate family. Provisions regarding the
survivors of veterans were written into Selective Service law after World
War II. Details have varied over the years, but the basic premise
remains the same; where a family member has been lost as a result of military
service, the remaining family members should be protected insofar as
possible. It is important to keep in mind that the provisions are
directly related to service-connected deaths. The mere fact that a man is the
only child or only son does not qualify him for consideration - he must
be the survivor of one who died as a result of military service. The
present law provides a peacetime exemption for anyone whose:
- Parent or sibling was killed in action, died in line of duty, or died
later as a result of disease or injury incurred in line of duty while
serving in the armed forces of the United States; or
- Parent or sibling is in a captured or missing status as a result of
service in the armed forces during any period of time. This is known as
the "surviving son or brother" provision. A man does not have to be the
only surviving son in order to qualify; if there are four sons in a
family and one dies in the line of duty, the remaining three would qualify
for surviving son or brother status under the present law. The
surviving son or brother provision is applicable only in peacetime. It does
not apply in time of war or national emergency declared by the Congress.
The original law, passed in 1948, exempted the sole surviving son
of a family where one or more sons or daughters died as a result of
military service. No restriction existed at that time to limit the
exemption to peacetime. The provision was intended to protect families which
had lost a member in World War II.
In 1964, recognizing that sons of World War II veterans were reaching
draft age, Congress changed the law to include the sole surviving son of
a family where the father, or one or more sons or daughters, died as a
result of military service. At this time the peacetime-only restriction
was also added to the law. A further change was made in 1971,
expanding the exemption to any son, not necessarily the sole surviving son, of
a family where the father, brother or sister died as a result of
military service. This provision was recently expanded to include mothers.
In addition to peace-time draft deferrment, DoD authorizes
discharges for any son or daughter in a family in which the father or mother
or one or more sons or daughters:
1. Have been killed in action or have died when serving in the U.S.
Armed Forces from wounds, accident, or disease, or
2. Are in a captured or missing-in-action status, or
3. Have a permanent 100% Service-related disability (including 100%
mental disability), as determined by the Veterans' Administration or one
of the Military Services, and are not gainfully employed because of the
disability.
[Source: About U.S. Military Rod Powers article 26 Sep 06 ++]
MILITARY INSURANCE/INVESTMENT PREDATORS: On 21 SEP, the House of
Representatives passed the Military Personnel Financial Services Protection
Act (S.418) by a vote of 418 to 3, and presented it to the President on
25 SEP for signature. This act was created to be an important first
step to protecting service members and their families from certain
insurance and investment products that are deceptively expensive and have
virtually disappeared from the civilian market. Investment companies that
offer these products tend to prey primarily on military personnel and
family members by using abusive and misleading sales practices.
Additionally, sellers of life insurance products will be required to disclose
to military customers that their policies and products do not have the
endorsement of the federal government Sellers must give potential
military customers an honest assessment of whether they could benefit from
the product. Military personnel already have access to subsidized life
insurance policies through the Servicemembers Group Life Insurance
Program. The House companion bill H.R.458 to S.418 had also included a
provision addressing abusive lending practices by check cashing stores and
other short term loan companies. The provision to curb these predatory
practices was included in the Senate version of the FY 2007 National
Defense Authorization Act, which is still being considered by a House and
Senate Conference Committee. [Source: NMFA Government & You E-News 27
Sep 06 ++]
MILITARY PAYDAY LENDERS UPDATE 01: A Defense Department report issued
last month found that as many as one in five U.S. service members are
being preyed on by loan centers set up near military bases,ť which can
charge annual interest rates of 400% or more. Increasingly, soldiers
have debt levels so high they are barred from serving overseas; others
suffer from bankruptcies, divorces and ruined careers due to the strain
and stress of debt. The Pentagon has joined consumer, military, and
veterans groups in backing a bipartisan amendment from Sens. Jim Talent
(R-MO) and Bill Nelson (D-FL) that places a cap of 36 percent on high
interest rates for short-term payday loans to military members. But two
conservatives -- Reps. Geoff Davis (R-KY) and Steve Buyer (R-IN) -- have
been working to block Congress from making this bill law.
Payday lenders offer high-cost, short-term loans marketed as cash
advances on the borrower's next paycheck to cover an emergency need.
Lenders charge roughly $15 to $25 per $100 loan for two weeks, and "most
loans are extended for several weeks" because the borrower is unable to
pay back the original loan amount. The average loan is $350 and has an
annual interest rate of 390% to 780% meaning the average borrower pays
back $834 for a $339 loan. Between 13% and 19% of U.S. servicemembers
-- roughly 175,000 people -- took out such loans last year. Because of
the high-risk terms, borrowers often get caught in a vicious cycle of
chronic debt. When they cannot afford to pay back the fees plus the
principal at the end of the two week period, borrowers are forced to pay
another high fee to roll over the loan for an additional two weeks or take
out another loan to pay off the first loan, thereby getting trapped in
a costly and often devastating cycle of 'back-to-back' loans."
Payday lenders systematically target military families, who are an
ideal demographic for payday lenders because they usually have a steady
government paycheck with little to spare at an average of $1,200 a
month for new recruits. A 2005 report found that in 19 of 20 states
studied, payday lenders were located in counties and ZIP codes adjacent to
military bases in significantly greater numbers and densities than other
areas. The Pentagon states that payday lending undermines military
readiness, harms the morale of troops and their families, and adds to the
cost of fielding an all volunteer fighting force.. Debt can distract
service members from their duties or cause them to become security risks
open to compromise. The Navy and Marine Corps denied security clearance
to about 2,000 service members nationwide last year because of concerns
that their indebtedness could compromise key operations. The Pentagon
report outlines current efforts to combat abusive practices through
education and credit counseling for service members, but also acknowledges
that education is only part of the solution. The report states
unequivocally that our men and women in uniform can only be adequately
protected by strong legislative action.
Lending and banking industry lobbyists have moved aggressively to
try to block a national cap on payday loans. The lending industry's
main lobbying group, the Community Financial Services Association, called
the Defense Department report nothing but a re-hash of flawed data,
biased analysis and anti-business philosophy pushed by fringe activists.
One member of Congress, Rep. Geoff Davis (R-KY), has taken up their
cause. Davis recently proposed language, praised by the payday lending
industry that would gut the Talent/Nelson amendment and set no real limits
on predatory lenders. One of Davis's aides admitted that he consulted
on the legislation with CNG Financial of Mason OH, one of his top
campaign donors and owner of national payday lender Check-n-Go. After facing
intense local criticism for aiding and abetting predatory lenders,
Davis announced that he no longer opposes the 36% cap on payday loans. But
few have seen Davis's compromise language, which is being negotiated
behind closed doors, and the Center for Responsible Lending (CRL)
www.responsiblelending.org says it will remain worried about loopholes until
we see the actual language and get a final vote. The CRL is a nonprofit,
nonpartisan research and policy organization dedicated to protecting
homeownership and family wealth by working to eliminate abusive financial
practices. CRL is affiliated with Self-Help www.self-help.org,, one of
the nation's largest community development financial institutions. The
complete DoD report can be found at
www.defenselink.mil/pubs/pdfs/Report_to_Congress_final.pdf. [Source: DoD Report on Predatory Lending
Practices dtd 9 Aug 06 ++]
MILITARY PAYDAY LENDERS UPDATE 02: Advance America, Cash Advance
Centers, Inc. announced on 25 SEP that it will respectfully and voluntarily
refrain from making any payday advances to active, full-time members of
the military effective 15 OCT 06 except where strictly prohibited from
doing so by applicable law. According to a company press release
officials maintained that service members deserved the right to choose the
financial options that best suit their needs. However, they noted recent
criticisms of payday lenders aired in a DoD report on predatory lending
practices and at a Senate hearing had forced them to re-evaluate their
lending practices to military members. The company stated it had made
its decision to refrain from making loans to military members in order
to remove any perceived distraction to members of the military during
this critical time for our country. It noted that members of the military
represent less than 1% of the Advance America customer base and only 42
out of 2,728 total Advance America centers are within one mile of any
military base. Crackdowns on lending practices in some states, such as
North Carolina, have forced Advance America and other companies to cease
operations in some locations. A legislative provision being debated by
House and Senate Conferees for the FY 2007 National Defense
Authorization Act (NDAA) would limit interest rates and fees for payday advance
loans to military families to 36%.
On 3 OCT a committee of the Virginia House of Delegates will meet
to discuss legislation to curb predatory lending practices in their
state. The hearing will feature statements by members of the Virginia
Partnership for Responsible Lending (VaPERL) about the dangers of payday
and car title lending. The Department of Defense (DoD) may also send a
representative to speak on behalf of military families. Military families
need to be more aware of the dangers of using check cashing stores and
other predatory lenders and to encourage state governments and Congress
to curb the worst practices of these companies. In addition to the
Committee meeting on 3 OCT, VaPERL will be hosting a morning educational
session, beginning at 10:00 a.m. for interested and concerned citizens.
By participating in these events, military families and those who
support them can learn about the predatory lending problem in Virginia,
witness a legislative committee meeting up close and personal, and learn how
to add their voices to others concerned about these lending practices.
Their presence will also illustrate how important curbing these
practices is to the military community. For more information or to register to
attend the 3 OCT events go to:
http://ga4.org/interfaithcenter/events/RLadvocacyday/details.tcl.
[Source: NMFA &
http://investors.advanceamerica.net/ReleaseDetail.cfm?ReleaseID=212095
25 Sep 06 ++]
VA GAO FINDINGS UPDATE 01: A new congressional report shows there is
room to improve the budgeting for veterans’ health care, both in
determining how much money is needed and in issuing warnings when problems are
discovered. The follow-up report by the Government Accountability
Office, the investigative arm of Congress, comes as no surprise because
budgeting problems have plagued the Department of Veterans Affairs for the
last two years. Congress was forced to find extra money for health care
and benefits because the Bush administration’s budget for 2006 and 2007
underestimated expenses. The shortfall ended up about $3 billion,
something VA officials knew was coming but never warned lawmakers. Why there
was no warning is a key part of the report, which was requested by
three Democrats on the Senate Veterans’ Affairs Committee, Sens. Daniel K.
Akaka of Hawaii, Ken Salazar of Colorado and Patty Murray of Washington
along with Sen. Richard Durbin of Illinois, the Senate’s assistant
Democratic leader. GAO investigators said the VA never warned Congress
because no one really asked and the VA didn’t see any need to volunteer
problems. Akaka, ranking Democrat on the veterans’ committee, said, “When
health care for veterans is at stake, the administration must not use
budget gimmicks to pretend that its fiscal house is in order. VA must be
much more forthcoming and provide a better picture of VA’s finances to
Congress.”
Budgeting problems got a lot of attention at a House Veterans’
Affairs Committee hearing on 20 SEP, where major veterans and military
groups testified about their priorities for next year:
- American Legion’s national commander Paul A. Morin said, “Without
urgent changes in health care federal funding, new veterans will soon
discover their battles are not over. They will be forced to fight for the
life of the VA health care system.”
- AmVets national commander Tom McGriff said, “Frankly, the system
needs to be fixed. Access to quality health care has been compromised by
budget shortfalls, rising medical costs and a sharp and steady increase
in demand for services The VA ends up fighting with other federal
agencies for money. Veterans’ health care is an ongoing cost of war, and
should be treated as such. Most major veterans’ groups support mandatory
funding for VA health programs, which would require the government to pay
for health care no matter the cost. That would be similar to the
government’s financing for Medicare and Medicaid.”
- Disabled American Veterans national commander Bradley S. Barton said,
“The current budget process is not working. For years, DAV has argued
that the current budget process fails to serve veterans or American
taxpayers. It is impossible for VA to properly plan for an upcoming fiscal
year when so much uncertainty surrounds the passage of their
appropriations bill and the level of funding VA will receive.”
Bush administration officials are in the early stages of preparing a
2008 budget but the veterans’ budget for 2007 is pending before Congress,
along with funding for every other federal agency, because work has not
been completed on any appropriations bill. [Source: NavyTimes Rick Maze
article 20 Sep 06 ++]
COMMERCE DEPT PRIVACY BREACH: An agency wide review at the Commerce
Department turned up more than a thousand missing or stolen laptops over
the last five years, with hundreds containing the personal information
of American citizens. In response to a congressional request and public
inquiries, Commerce found that of 30,000-plus laptops inventoried
across the department's 15 organizations since 2001, 1,137 had been lost or
stolen. Of these, 249 contained personally identifiable information,
with varying levels of security ranging from simple passwords to full
encryption. A separate Commerce report stated that since 2003, 297
electronic devices containing sensitive personal information have gone
missing. This includes 217 laptops, 15 handheld devices and 46 thumb drives.
Commerce Secretary Carlos Gutierrez said even though the number of
missing computers is high, the chance of data misuse is low.
The Commerce announcement came partly in response to a request
from House Government Reform Committee Chairman Tom Davis (R-VA) that
agencies report all data breaches. The committee has received responses
from all agencies except the Defense, Health and Human Services and
Treasury departments. The Homeland Security and State departments have
responded only partially.
David Marin, the committee's staff director, said the panel is still
reviewing other agencies' responses. Congressman Davis’s statement on
this latest data breach revelation was, “Perhaps the most shocking thing
here is that the public might not have ever known of these breaches and
their scope if we hadn't specifically asked for the information. Why
aren't these inventories taken automatically, instinctively?" Davis has
proposed legislation H.R.5838 that would require the Office of
Management and Budget to establish policies for agencies to follow in the event
of a data breach.
Citing reports of lost, stolen or mishandled personal information
that have come out of more than a dozen federal agencies in the last
six months, Senate Minority Leader Harry Reid (D-NV) blasted the Bush
administration for disregarding the protection of personal information. He
said, "They talk tough about identify theft, but then show a complete
disregard for the security and personal information of the American
people". Commerce Secretary Gutierrez said the Commerce department is
working to encrypt all laptops and will require two factors of
authentication for remote electronic devices, as required in a 23 JUN 06 OMB
memorandum which calls for implementation within 45 days. Of the agencies
within the Department of Commerce:
- The Census Bureau reported 672 missing laptops over the last five
years, of which 246 contained some degree of personal data. Full
encryption was in place on 107 of the laptops while 139 were either partially
encrypted or lacked any encryption. Nearly half of all unaccounted-for
laptops were stolen from employees' vehicles and the other half were not
returned when employees left the agency. All 46 missing thumb drives (a
small device that can contain significant amounts of data) were
encrypted.
- The Census Bureau also reported of about 2,400 handheld devices used
to record survey data, 15 were lost or stolen with sensitive personal
information, but each device was encrypted. Additionally, it reported
16 instances of nonelectronic breaches of personal information,
including the loss of employee time and attendance records during an office
move, and of retirement information packages sent to the National Finance
Center during Hurricane Katrina.
- The National Oceanic and Atmospheric Administration reported 325
missing laptops, of which three contained personal data. This included a
laptop with the personal information, such as Social Security numbers,
of 146 employees and contractor.
- The other missing laptops spread across all Commerce agencies except
the Economics and Statistics Administration, the Minority Business
Development Agency, the National Technical Information Service and the
National Telecommunications and Information Administration did not have
personally identifiable information.
To date the government’s track record on personal data security
indicates all veterans remain at risk for identity theft from government
computer databases. However, they have never indicated they are willing to
compensate anyone who suffers a financial loss as a result of their
negligence and, of course, the government cannot be sued for compensation.
They have acknowledged they will notify veterans of any data loss but
veterans affected will be on their own in taking corrective/preventive
action after the loss has occurred. Veterans do have the option of
obtaining personal protection at their own expense against identity theft.
Insurance against identify theft for veterans through LifeLock
www.lifelock.com cost a minimum of $7.50 per month. Other companies have
similar charges. [Source: GOVEXEC.com Daily Briefing 22 Sep 06]
VA COLA 2007 UPDATE 01: The Senate passed the veterans’ cost-of-living
bill S.2562 on 21 SEP. The amount of the increase, which would take
effect on 1 DEC 06 will not be determined for several weeks, but is
expected to be about 2.9%. About 3 million people inclusive of disabled
veterans, survivors and low-income veterans receiving pensions from the
Department of Veterans Affairs would be affected. Uncertainty has arisen
on the amount of the increase because the bill requires the increase in
disability and survivors benefits to match the increase in Social
Security and in military and federal civilian retirement. This increase is
determined in mid-October by comparing consumer prices this year to last
year. Annual increases in Social Security and military retired pay
happen automatically as long as no law is enacted that stops them.
Cost-of-living adjustments for veterans, however, only happen if Congress
passes and the president signs a bill ordering the increase. Experts within
the Congressional Budget Office estimate that the legislation will
increase direct spending on disabled veterans and some of their survivors
by approximately $700 million next year. Congress has enacted an annual
COLA adjustment for veterans with disabilities and survivors every year
since 1976
The different treatment is a historical anomaly from the days
before the VA was a cabinet-level agency. Lawmakers then believed the only
way they could have oversight over the then-Veterans’ Administration
was to have an annual, must-pass bill providing increases in benefits for
disabled veterans to which they could attach other veterans-related
legislation. The practice has continued, although lawmakers are reluctant
to attach anything that might jeopardize the veterans’ COLA. The
Senate-passed bill contains no provisions other than the COLA, and House
Veterans’ Affairs Committee aides said they expect the House also will keep
a clean, unfettered bill that ensures quick enactment. The VA has
warned lawmakers that it needs the annual COLA approved by mid-October in
order to ensure it takes effect 1 DEC to appear in January pay checks.
The recess of Congress 28 SEP until after the Nov. 7 elections has
impacted on this. The Senate Committee chairman Larry Craig (R-ID) and the
ranking Democrat on the veterans’ committee Sen. Daniel K. Akaka have
(D-HI) expressed the importance of passing the bill in time to ensure
that veterans’ disability compensation rates keep pace with the
increasing cost of living. [Source: NavyTimes Rick Maze article 22 Sep 06 ++]
VA DISABILITY BUYOUT UPDATE 01: The concept of Government buyout of
military benefits is mostly attributed to David Stockman, a politician
and businessman who served as U.S. Representative from the state of
Michigan 1977-1981 and as the Director of the Office of Management and
Budget (OMB) 1981-1985. Stockman was the Director of OMB during the Reagan
administration and is well-remembered for labeling military retirement
pay as scandalous, calling it a dangerous drain on the economy.
Stockman then proposed lump-sum buyouts of military retirement pay because he
deemed it less expensive to pay once than to pay for life. He even
toyed with the idea of buyouts for Social Security payments. Stockman’s
buyouts never happened but his cost-cutting ideology lives on today in the
person of arch-conservative Grover Norquist who urges the current
administration to downsize government and its associated financial
obligations. Norquest is the president of the noted anti-tax lobbying group
Americans for Tax Reform, and a well-connected conservative activist with
close ties to business and the media. In an effort to control spending
on entitlement programs the present administration has incorporated the
concepts of Stockman and Norquist into their marching orders for the
Veterans’ Disability Benefits Commission (VDBC) on the issue of lump-sum
buyouts of veteran disability compensation. [Source: VAWatchdog.org
Larry Scott article 17 Sep 06 ++]
VA DISABILITY BUYOUT UPDATE 02: Last week, the Veterans’ Disability
Benefits Commission (VDBC) met in Washington D.C. and, once again, took
up the issue of lump-sum buyouts. The VDBC was created by the Bush
administration in 2003 and tasked with determining whether the death or
disability of a veteran should be compensated and at what level, if any.
The 13-member VDBC is a politically stacked-deck with nine members being
appointed by Republican politicians making it likely to fall in step
with the current administration’s goals. The President often speaks of
controlling spending on entitlement programs lumping Medicare, Medicaid
and veterans’ benefits under the “entitlement umbrella” by consistently
using them in the same sentence. This gives the impression that all
three of these programs are some kind of welfare when in fact Medicare is
an insurance program and veterans’ disability compensation is provided
to those who have been wounded or injured while serving the country.
The administration strongly believes that entitlement programs are out of
control and therefore should fall under a sharp budget knife. The VA is
the second-largest government agency with a budget of over $80 billion
for fiscal year 2007. The largest portion of the VA budget goes to
disability compensation for veterans wounded or injured while on military
active-duty. Lump-sum buyouts of VA disability compensation could save
the government billions of dollars every year
Key to the argument for the buyouts is a report from the VA’s
Office of Inspector General (VAOIG) which recommended that the VA revise
disability rating criteria to reflect expected lifetime impairment so
that VA could offer lump-sum payments to veterans. VA Secretary
Nicholson supported the VAOIG report saying that the VA will review prior VA
studies concerning lump-sum payments to veterans with disability
ratings. Nicholson considers this a public policy issue. The VDBC has tasked
the Center for Naval Analyses (CNA) with studying the concept of
lump-sum buyouts. In the CNA’s Literature Review they write of substantial
potential savings associated with a lump-sum disability settlement both
in terms of reduced debt cost and administrative burden. There is a
great deal of support on Capitol Hill for the lump-sum buyouts. Leading the
charge is Rep. Steve Buyer (R-IN), Chairman of the House Committee on
Veterans’ Affairs, who sees the buyouts as a logical cost-cutting move.
When it comes to the work of the VDBC and what cost-cutting moves they
should study Buyer has stated he thinks everything should be on the
table. To date not one veterans’ service organization is in favor of the
move. The American Legion has reminded its members that Chairman Buyer
and other government officials have publicly expressed their desire to
use the VDBC as a vehicle to institute radical changes in the VA
disability system that would negatively impact and restrict entitlement to
benefits for a large number of veterans.
How would the lump-sum buyouts work? Initially the VDBC will look
at lump-sum payments to veterans who receive 10% or 20% disability
payments, those veterans currently receiving $112 or $218 a month. The
buyouts would be based on life expectancy with only a percentage of the
total value offered. Most commonly mentioned is a 50% buyout, but some
have mentioned 30% as a more prudent offer. (Example: If a veteran gets
$218 a month from the VA and has a life expectancy of 20 years, his
total compensation would be $52,320. The proposed buyouts would offer a
cash settlement of somewhere between $15.696 and $26,160.) One of the main
arguments for lump-sum payments, besides saving the
government money, is that the veteran can then invest his buyout and do
much better financially in the long run. However, the CNA says the
literature does not support that theory and told the VDBC younger,
less educated, and lower ranking personnel would be more inclined to
accept a VA lump-sum offer, and funds received in lump-sum payments are
often spent on consumer goods rather than spent on long-term
investments.
There are more questions than answers. A few of the potential
problem areas are:
- If the veteran’s service-connected condition worsened, would he be
able to file a claim or would the condition now not be compensable? Many
veterans will initially receive a 10% or 20% disability rating and then
see it jump to as high as 100% as they age and their particular
condition worsens.
- Would the VA continue to treat the veteran for the condition even
though he wasn’t getting compensation? Or, would the condition now be
considered not to exist? The cost-savings to the government would be great
and the cost to the veteran could be catastrophic.
- What about another condition that occurs that is secondary to the
original service-connected condition? How would that fit in? An example
would be a veteran who receives disability for a bad knee. As that knee
gets worse with age, back problems can arise and that could constitute a
secondary disability that could be compensated.
- Would the VA stop at the 10% and 20% disability ratings? Many feel
that this would be just the beginning and that once the door is open, all
disability ratings could be up for a lump-sum buyout.
- Would the buyouts be retroactive? Or, would only new veterans fall
under the plan? The largest savings for the government would be gained by
including veterans currently receiving disability.
- Would the buyouts be mandatory or optional? The savings for the
government would be greatest with a mandatory buyout plan. Could this be
imposed on veterans?
The biggest question of all is: How can you buy-out a disability?
Veterans receive disability compensation because their ability to perform
everyday tasks has been diminished by wounds or injuries sustained while
on active-duty. The compensation paid by the VA is meant to make up for
income lost due to the disabilities. A lump-sum payment is antithetical
to the concept of on-going compensation for an on-going disability. The
VDBC’s report to the President and Congress is due in late 2007.
Washington watchers feel the VDBC will approve the concept of lump-sum
buyouts. Obviously, the White House will approve. But, will Congress fall
into line? One more thing to consider when veterans go to the polls in NOV
06. [Source: VAWatchdog.org 17 Sep & USDR Action Alert 29 Sep 06 ++]
AHLTA UPDATE 02: Medical troops throughout the Air Force will soon be
using the Department of Defense's global electronic health record
system to keep track of patient records. Known as AHLTA, it is the largest
system of its kind, defense officials said. The system will go online
at the military's 800 clinics and 70 hospitals by the end of December.
At Yokota Air Base, Japan, hospital members will start training to use
the system in mid-September. They will be ready to use it at the end of
October. Defense officials say the electronic system has the potential
to serve more than 9 million servicemembers, retirees and their
families. Once on line, some 60,000 military healthcare professionals around
the globe can access medical records. The long term vision is to be
able to update digital medical records from the first care provided
patients on the battlefield to their stateside care facilities, defense
officials said. They expect that to be possible within the next three years.
Unfortunately, the AHLTA system is not compatible with the VA’s
electronic health record system VISTA. This will impact on DoD retirees
entering the VA health system and wounded active duty personnel
receiving treatment in VA facilities. The Senate appropriations committee has
urged DoD to switch to VA’s record system. However, Defense officials
say VISTA would need significant modification to meet military needs
and the switch would be long and costly. In the short term, to the
detriment of veterans needing health care, it appears neither DoD nor VA
intend to modify their systems to make them compatible. [Source: Air Force
Retiree News Service 21 Sep 06 ++]
VA FACILITY FUNDING: On 13 SEP the House passed H.R.5815, the
Department of Veterans Affairs Medical Facility Authorization Act of 2006. It
provides $2.4 billion dollars for construction and renovation of several
VA medical facilities. Included in the measure is funding for two VA
medical facilities damaged by hurricane Katrina. HR 5815 would:
- Allocate money from fiscal years 2007 through 2011.
- Authorize the construction of multiple major medical facility
projects, including new hospitals in Las Vegas, Nevada and Orlando FL as well
as the expansion of the Spinal Cord Injury Center in Tampa FL.
- Authorizes the restoration of the Department of Veterans Affairs
Medical Center (VAMC), Biloxi, Mississippi as part of a joint-use facility
that VA will share with Keesler Air Force Base, the advanced planning
and site preparation for a joint-use medical facility in or near New
Orleans and advanced planning for a shared medical facility in Charleston,
South Carolina.
This legislation seeks to broaden access and enhance the
efficiency with which health care is provided to veterans and takes advantage of
collaboration opportunities among the DVA, state affiliated medical
institutions and DoD. The bill builds on a common interest in sharing
resources such as expensive medical equipment, technologies and health
care staff. It will position VA to leverage potential new affiliation
relationships by developing research partners and contacts with other
non-profit organizations, while preserving the veterans’ identity of
facilities. Enhanced collaboration means that the most expensive equipment,
such as medical imaging devices, could be shared between VA and
university facilities. As new technology becomes available with its
inevitably steep price tag, it could be more easily acquired.
The Senate also passed their affiliated bill S.3421. It authorizes
funding of Department of Veterans Affairs (VA) medical facilities for
fiscal years 2006 and 2007, and included a provision to expand the MGIB
benefits for the spouses of severely injured veterans. The passed
Senate bill included a substitute amendment introduced by Senate Veterans’
Affairs Chairman Larry E. Craig, (R-ID) funding construction projects
for VA facilities in American Lake, Wash.; Columbia, Miss.; Milwaukee;
Fayetteville, Ark.; and St. Louis. For additional information on both
bills refer to http://thomas.loc.gov. [Source: VFW Washington Weekly 18
Sep & TREA Leg Up 28 Sep 06 ++]
VA CLAIM ERROR RATE UPDATE 01: On 13 SEP the House Subcommittee on
Disability Assistance and Memorial Affairs Chairman Jeff Miller (R-FL)
held an oversight hearing to assess the training and claims procedures of
VA’s claims adjudicators. Testimony was received on the types of
training provided to claims adjudicators, the standards used to measure
proficiency and performance, and what the Veterans Benefits Administration
(VBA) is doing to enhance the performance of claims examiners. Miller
stated, “The ability to provide timely and accurate benefits are
dependent not solely on increasing staffing levels, but on providing proper
and thorough training. Congress, and certainly VA, must ensure that
current and new employees have the skills and knowledge necessary to render
accurate and fair decisions the first time… As reflected in the
testimony, the training that adjudicators receive is vitally important to
achieving VBA’s mission. The Subcommittee will continue its oversight
responsibility for disability claims processing to ensure that proper
skills and training are implemented.”
Within the last two years, VBA has hired nearly 1,000 new Veteran
Service Representatives (VSR). VBA estimates that it takes two years
of formal and on-job training for a VSR to become proficient. This
training includes cooperative learning, classroom training, and utilization
of the computer program, Training and Performance Support Systems
(TPSS). In addition to TPSS, VBA provides training through monthly
broadcasts on various subjects. Earlier this year, Admiral Cooper mandated
that service center employees complete 70 hours of additional training
annually; 80 hours will be required beginning in FY 2007. VBA has also
devised a pre-recorded training program, to be available in spring 2007,
called the Content Distribution Network (CDN), which will allow
employees to view these training seminars on their desktop. VBA has
implemented a skills certification test to assess the knowledge base of claims
adjudicators and to provide additional training when necessary. However,
a great many employees either don’t have the time needed to devote to
training, or are failing basic competency tests. [Source: HCVA Press
Release 13 Sep 06]
AGENT ORANGE CANCER STUDY UPDATE 01: The Food and Drug
Administration’s Ranch Hand Advisory Committee held its final meeting 14 SEP.
Government health advisers debated what should be done with data and other
material generated by the 24-year federal study of the health effects of
exposure to Agent Orange. An agency of the Institute of Medicine, the
Medical Follow-up Agency, is supposed to take custody of the samples.
Legislation authorizing the transfer and financing remains pending in
Congress. The “Ranch Hand” study, named for the Agent Orange spraying
operation in Vietnam, ends 30 SEP 06 lat east partially closing another
chapter on the war. It has found elevated risk for diabetes among “Ranch
Handers,” but no clear link to cancer. The study included about 1,000
Ranch Handers along with 2,000 other Air Force personnel who were not
involved in the spraying of the defoliant Agent Orange. The U.S.
military sprayed some 11 million gallons of the defoliant over the jungles of
southern and central Vietnam to expose enemy supply lines, sanctuaries
and bases from 1962 to 1971. Airmen were exposed to Agent Orange during
spraying flights, while loading the chemical onto the aircraft and
while performing maintenance on the aircraft and the equipment for
spraying. Agent Orange contains dioxin, a cancer-causing byproduct that has
been linked to medical ailments in both U.S. war veterans and their
Vietnamese counterparts. [Source: Military.com 17 Sep 06]
MOBILITY SYSTEM: Eligible veterans with disabilities now have an
opportunity to purchase the iBOT 4000 Mobility System, developed by
Independence Technology, through medical coverage provided by the Veterans
Health Administration (VHA). In 2003, Congress recommended the VHA study
the system and after two consumer pilot studies placed it on the Federal
Supply Schedule in 2005 under contract number V797P-3006M. Assessments
are now being conducted at hospitals in Veterans Integrated Service
Networks (VISNs) across the country. VHA’s Coverage criteria take into
account a veteran’s medical diagnoses, prognosis, functional abilities,
limitations, goals, and ambitions. The VA supports the dispensation of
power mobility to allow the veteran to access medical care and to
accomplish necessary tasks of daily living in ordinary home and community
environments such as paved surfaces and mild terrains.”
The system’s combination of functions allows users to go places
and do things not possible with any other single mobility device. These
Functions include:
- Balance: Raises user to eye level for business or social
interactions, even when they are on the move.
- Stair: Enables the user to safely climb up and down stairs, with or
without assistance, giving accessibility to previously inaccessible
places.
- 4-Wheel: Enables the user to climb curbs as high as five inches and
to travel over a variety of uneven terrain, such as sand, gravel,
grass, thick carpet and other surfaces.
- Standard: Enables the user to operate the device in the same manner
as if in a traditional power chair. While operating in the Standard
Function, users are able to easily fit their system under a table or desk.
- Remote: Allows the user or an assistant to drive the mobility system
unoccupied into a vehicle.
This is the only marketed mobility system that is a prescription
product and FDA approved. However, it may not be suitable for everyone.
Users must: weigh between 75 lbs and 250 lbs, have the ability to operate a
hand-operated joystick, and complete the training program. Federal law
restricts this device to sale by, or on the order of, a licensed
healthcare practitioner. Veterans who are interested in evaluating the iBOT
system can obtain more information and a video of it in action at
www.ibotnow.com or call 1 (866) 813-0788 to speak with an iBOT representative
regarding VA coverage. This advertisement is neither paid for nor
sponsored, in whole or in part, by any element of the United States
Government. [Source: Military.com 11 Sep 06]
GI BILL UPDATE 10: The Department of Veterans Affairs has announced
that effective 1 OCT 06 the GI Bill will be worth $38,700, a total
increase of nearly $1,500 over last year's rate. This total is based on the
new monthly full-time student payment rate of $1,075 multiplied by the
36-month limit. If you are GI Bill eligible you get the increase no
matter when you became eligible or begin using it. Your actual benefits may
be much higher if you signed up for the Army, Navy or Marine Corps
College Funds or elected to participate in the GI Bill Buy-Up program.
Other GI Bill programs will also see an increase. For example the GI Bill
for Selected Reserve will be worth $309 a month, the Reserve Education
Assistance Program (REAP) will be up to a maximum of $806 a month and
the GI Bill Apprenticeship and On The Job Training program will pay as
much as $913 a month. The Montgomery GI Bill (MGIB) was created to help
veterans of active duty military service pay for their education and
training. However, it is good for only 10 years after the date of your
last discharge from active duty service. Only about 50% of veterans use
their GI Bill which can be used to pay for many different programs
including:
- College, Business Technical or Vocational Courses
- Distance Learning including Correspondence Courses
- Licensing and Certification Tests
- Apprenticeship/Job Training (Veterans and Reserve Only)
- Flight Training
[Source: Military.com 16 Sep 06 ++]
COLA 2007 UPDATE 06: The Bureau of Labor Statistics says the Consumer
Price Index (CPI) rose another 0.2% in August, yielding a cumulative
3.6% increase so far this fiscal year. That's a little less than the 3.8%
CPI growth through August of last year. Last year, the COLA ended up at
4.1%, but that's only because of a huge inflation surge in SEP 05 as
energy prices skyrocketed after Hurricane Katrina. We're unlikely to see
that again this SEP when energy prices are actually declining. Given
that the annual COLA increase is based on the three-month average CPI
from JUL through SEP and that the September CPI may be flat or even
decline estimates at this point are that the 2007 COLA is likely to be in the
3.4% to 3.6% range. For more information, visit
www.moaa.org/controller.asp?pagename=lac_issues_second_career_cola [Source: MOAA Leg Up 18 Aug
06]
GULF WAR SYNDROME: Gulf War syndrome (GWS) or Gulf War illness (GWI)
is the name given to an illness with symptoms including increases in the
rate of immune system disorders and birth defects, reported by combat
veterans of the 1991 Gulf War. It has not always been clear whether
these symptoms were related to Gulf War service. Symptoms attributed to
this syndrome have been wide-ranging, including chronic fatigue, loss of
muscle control, migraines and other headaches, dizziness and loss of
balance, memory problems, muscle and joint pain, indigestion, skin
problems, and shortness of breath. U.S. Gulf War veterans have experienced
mortality rates exceeding those of U.S. Vietnam veterans. Brain cancer
deaths, amyotrophic lateral sclerosis (commonly known as Lou Gehrig's
disease) and fibromyalgia are now recognized by the Defense and Veterans
Affairs departments as potentially connected to service during the
Persian Gulf War.
About 30% of the 700,000 U.S. servicemen and women in the first
Gulf War have registered in the Gulf War Illness database set up by the
American Legion. Some still suffer a baffling array of serious health
impairing symptoms. At the DEC 05 Research Advisory Committee on Gulf War
Veterans' Illnesses meeting the following potential causes were still
being considered. Others which have been suggested through the years
having been ruled out:
- Combustion products from depleted uranium munitions;
- Side-effects from the early 1990s' anthrax vaccine;
- Infectious diseases from parasites;
- Chemical weapons such as nerve gas or mustard gas; and
- Combinations of the above factors;
Substances which were found to be associated with increased GWI
symptoms in combat soldiers, but have been ruled out except as confounding
factors because the exposed non-combat cohort did not also develop
symptoms are: Pesticides, Insect repellents, and Pyridostigmine Bromide which
is a drug to protect against nerve agents. Other causes suggested have
apparently been eliminated from consideration by authorities are:
- Smoke from oil well fires;
- Post-traumatic stress disorder and other psychological and
psychosomatic causes;
- Multiple chemical sensitivity;
- Biological weapons;
- Inhibited red-fuming nitric acid (IRFNA), a rocket fuel/oxidizing
agent used in SS-1 Scud (and derived) ballistic missiles, SA-2 Guideline
surface-to-air missiles and possibly other pieces of Iraqi military
technology; and
- Military experimentation
Refer to http://en.wikipedia.org/wiki/Gulf_War_syndrome for more
information on why the above have been eliminated from consideration by
authorities. A VA Study doubts there is one Gulf War Syndrome. On 12 SEP
the Institute of Medicine issued a report that stated that there is not
evidence of a single Gulf War Syndrome. The report did find, however,
that both U.S and foreign veterans who served in the 1991 war have more
illnesses than members of the military who did not serve in the Gulf
War. It was found that approximately 30% of Gulf War Veterans report
symptoms. The report found evidence of an elevated risk of the rare nerve
disease amyotrophic lateral sclerosis, also called Lou Gehrig's disease
and increased risks of anxiety disorders, depression and substance
abuse. The VA said they would not comment until they have an opportunity to
study the report. [Source: TREA Legislative Update 15 Sep 15 06 ++]
VET CEMETERY FLORIDA UPDATE 03: A 569-acre property owned by the City
of Jacksonville FL will become the site of a national cemetery to serve
the burial needs of north Florida’s veterans for 30 years or more.
Secretary of Veterans Affairs Nicholson, announced the DVA selection of
the site and intent to purchase the property. VA originally considered
14 sites and completed environmental assessments for four of them last
spring. The Secretary made his decision after considering the viability
of each site. The Jacksonville property is pasture land available for
sale from the city and is north of the airport on Lannie Road. Funds
for purchase of the land have been appropriated by Congress. Additional
funding will be required for design and construction in future years.
If the land is purchased in the next few months and design begins next
year, VA could start burials in the summer of 2009.
The National Cemetery Expansion Act of 2003 directed VA to build
six new national cemeteries in selected areas with large veteran
populations. Approximately 325,000 veterans live within 75 miles of
Jacksonville. Veterans whose discharges are other than dishonorable, their
spouses and dependent children may be buried in a national cemetery,
regardless of where they live. No advance reservations are made. Other
burial benefits for eligible veterans include a burial flag, a Presidential
Memorial Certificate and a government headstone or marker, even if they
are not buried in a national cemetery. Information on VA burial
benefits can be obtained from national cemetery offices, from a VA Web site at
www.cem.va.gov or by calling VA regional offices toll-free at 1 (800)
827-1000. [Source: Public and Intergovernmental Affairs News Release 14
Sep 06]
VA CLINIC FLORIDA: The Secretary of Veterans Affairs on 14 SEP
announced the acquisition of 30 acres in Cape Coral for construction of a new
outpatient clinic in Lee County FL. Secretary Nicholson said VA
intends to construct a 200,000-square foot outpatient clinic on a site near
Diplomat Parkway and Corbett Road. The site, purchased for $9.9
million, replaces a facility in Ft. Myers. The timeline for construction has
not been established. In Florida, VA spent more than $5.2 billion in
2005 to serve the state’s 1.8 million veterans. VA operates six major
medical centers in Florida, with 42 outpatient clinics, seven nursing
homes and 10 Vet Centers. With 154 hospitals and more than 850 outpatient
clinics, VA has the largest integrated health care system in the
country. VA’s health care budget of nearly $30 billion this year will
provide health care to about 5.4 million people during nearly 600,000
hospitalizations and 57 million outpatient visits. [Source: Public and
Intergovernmental Affairs News Release 14 Sep 06]
EQUAL JUSTICE FOR SERVICEMEN: Earl Warren, 14th Chief Justice of the
U.S. Supreme Court said, “Our citizens in uniform may not be stripped of
basic rights simply because they have doffed their civilian clothes”.
However, under current law service personnel are denied equal access to
the Supreme Court. To eliminate this inequity the ‘Equal Justice for
Our Military Act’ (H.R.1364) was introduced by Rep Susan Davis (D-CA-53)
to amend title 28, United States Code, to enable the Supreme Court to
review decisions in which the Court of Appeals for the Armed Forces
denied relief. Even though the bill deals with military issues the House
Judiciary has jurisdiction of the bill since the underlying issue deals
with Supreme Court access. To date the bill has gained only five
cosponsors. In AUG 06 the American Bar Association (ABA) drafted resolution
116 and issued a report to urge Congress to change the law. The
National Institute of Military Justice (NIMJ) endorsed this report as well as
the MOAA and also urged Congress to change the law. Unfortunately, the
Bush administration and Secretary Rumsfeld are opposed to allowing
service members equal access to the Supreme Court and DoD General Counsel
William Haynes wrote a letter in FEB 06 to the Chairman of the House
Judiciary committee, Rep. Lamar Smith (R-TX-21), opposing the bill. At
this juncture with only five cosponsors, administration opposition, and
a Republican non-veteran Committee chairman it is unlikely that any
movement will be made on this bill unless veterans speak up to their
legislators. [Source: AFA & NIMJ Sep 06]
LEGISLATIVE PROCESS: Anyone may draft a bill; however, only members of
Congress can introduce legislation, and by doing so become the
sponsor(s). There are four basic types of legislation: bills, joint
resolutions, concurrent resolutions, and simple resolutions. The official
legislative process begins when a bill or resolution is numbered - H.R.
signifies a House bill and S. a Senate bill - referred to a committee and
printed by the Government Printing Office. All existing bills, their
sponsors, and the latest action taken on them can be reviewed at
http://thomas.loc.gov by inserting the bill number:
Step 1. Referral to Committee: With few exceptions, bills are referred
to standing committees in the House or Senate according to carefully
delineated rules of procedure.
Step 2. Committee Action: When a bill reaches a committee it is placed
on the committee's calendar. A bill can be referred to a subcommittee
or considered by the committee as a whole. It is at this point that a
bill is examined carefully and its chances for passage are determined. If
the committee does not act on a bill, it is the equivalent of killing
it.
Step 3. Subcommittee Review: Often, bills are referred to a
subcommittee for study and hearings. Hearings provide the opportunity to put on
the record the views of the executive branch, experts, other public
officials, supporters and opponents of the legislation. Testimony can be
given in person or submitted as a written statement.
Step 4. Mark Up: When the hearings are completed, the subcommittee may
meet to "mark up" the bill, that is, make changes and amendments prior
to recommending the bill to the full committee. If a subcommittee votes
not to report legislation to the full committee, the bill dies.
Step 5. Committee Action to Report A Bill: After receiving a
subcommittee's report on a bill, the full committee can conduct further study and
hearings, or it can vote on the subcommittee's recommendations and any
proposed amendments. The full committee then votes on its
recommendation to the House or Senate. This procedure is called "ordering a bill
reported."
Step 6. Publication of a Written Report: After a committee votes to
have a bill reported, the committee chairman instructs staff to prepare a
written report on the bill. This report describes the intent and scope
of the legislation, impact on existing laws and programs, position of
the executive branch, and views of dissenting members of the committee.
Step 7. Scheduling Floor Action: After a bill is reported back to the
chamber where it originated, it is placed in chronological order on the
calendar. In the House there are several different legislative
calendars, and the Speaker and majority leader largely determine if, when, and
in what order bills come up. In the Senate there is only one
legislative calendar.
Step 8. Debate: When a bill reaches the floor of the House or Senate,
there are rules or procedures governing the debate on legislation. These
rules determine the conditions and amount of time allocated for general
debate.
Step 9. Voting: After the debate and the approval of any amendments,
the bill is passed or defeated by the members voting.
Step 10. Referral to Other Chamber: When a bill is passed by the House
or the Senate it is referred to the other chamber where it usually
follows the same route through committee and floor action. This chamber may
approve the bill as received, reject it, ignore it, or change it.
Step 11. Conference Committee Action: If only minor changes are made to
a bill by the other chamber, it is common for the legislation to go
back to the first chamber for concurrence. However, when the actions of
the other chamber significantly alter the bill, a conference committee is
formed to reconcile the differences between the House and Senate
versions. If the conferees are unable to reach agreement, the legislation
dies. If agreement is reached, a conference report is prepared describing
the committee members recommendations for changes. Both the House and
the Senate must approve of the conference report.
Step 12. Final Actions: After a bill has been approved by both the
House and Senate in identical form, it is sent to the President. If the
President approves of the legislation he signs it and it becomes law. Or,
the President can take no action for ten days, while Congress is in
session, and it automatically becomes law. If the President opposes the
bill he can veto it; or, if he takes no action after the Congress has
adjourned its second session, it is a "pocket veto" and the legislation
dies.
Step 13. Overriding a Veto: If the President vetoes a bill, Congress
may attempt to "override the veto." This requires a two thirds roll call
vote of the members who are present in sufficient numbers for a quorum.
[Source: Government Guide http://congress.org 9 Sep 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. A cosponsor is a member of Congress who has joined one or more
members in his/her chamber (i.e., House or Senate) to sponsor a bill or
amendment. The first member to "sign onto" a bill is considered the
"sponsor," members subsequently signing on are "cosponsors." Any number of
members may cosponsor a bill in the House or Senate. At
http://thomas.loc.gov you can determine the current status of each bill
and if your legislator is a sponsor or cosponsor of the bill you are
concerned with. The key to increasing cosponsorship is letting our
representatives know of veterans feelings on issues. At the end of some of
the below listed bills is a web link that can be used to do that.
Otherwise, you can locate who your representative is and his/her phone
number, mailing address, or email/website to communicate with a message or
letter of your own making:
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.
Rep Charles Dent [PA-15] & Rep Carolyn Maloney [NY-14] have signed on
to support the bill giving it a total of 239 sponsors. There are no
related bills. Last major action was a motion to the Discharge Committee
on 5/24/2005 to bring the bill to the floor for a vote. A discharge
petition requires 218 signatures for further action. 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. H.R.602
responds to the Federal Court ruling that only Congress, not military
recruiters, can authorize what kind of care will be provided to military
retirees, and that only Congress can - and should - make good on promised
and earned health care. Referred to the Subcommittee on Health
2/25/05, for a period to be subsequently determined by the Chairman. Rep
Charles Boustany [R-LA-07], Rep John Sweeney [R-NY-20], Rep. Anna Eshoo
(D-CA-14), & Rep. Mel Watt (D-NC-12), Rep. William Jenkins (R-TN-01),
Jane Harman (D-CA), Thaddeus McCotter (R-MI), William Pascrell (D-NJ),
David Reichert (R-WA) & Curt Weldon (R-PA) have signed on to support
the bill giving it a total of 261 sponsors.
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.
Rep Thomas Reynolds, [NY-26], Rep John Kline [MN-2] ,Rep Charles Taylor
[NC-11] have signed on to support the bill giving it a total of 212
sponsors. There are no related bills. 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.916: The ‘Medicare Access to Rehabilitation Services Act of 2005’
To amend title XVIII of the Social Security Act to repeal the Medicare
outpatient rehabilitation therapy caps. Last major action was referral
to the House Subcommittee on Health 14 MAR 05. House version of S.438.
Rep David Scott [GA-13] & Rep John Murtha [PA-12] have signed on to
support the bill giving it a total of 260 sponsors. To support this bill
and/or contact your Representative refer to
http://capwiz.com/moaa/issues/bills/?bill=7103976 &
http://capwiz.com/moaa/issues/bills/?bill=7103896.
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. Last major action was referral to
the House Subcommittee on Military Personnel 17 MAR 05. No new sponsors
have signed on to support the bill which presently has a total of 146
sponsors. There are no related bills. 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.
Last major action was it being ordered to be reported by Voice Vote 6
JUN 05. Rep Brian Bilbray[CA-50] & Rep. Madeleine Bordallo [GU] have
signed on to support the bill giving it a total of 340 sponsors. 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. Last major
action was referral to the House Subcommittee on Military Personnel 17
MAR 05. No new sponsors were added to this bill which has a total of 31.
There are no related bills. To support this bill and/or send a message
to your Representative refer to
http://capwiz.com/usdr/issues/bills/?bill=7683281
H.R.1364: The ‘Equal Justice for Our Military Act’ to amend title 28,
United States Code, to enable the Supreme Court to review decisions in
which the Court of Appeals for the Armed Forces denied relief. Last
major action was referral to the House Subcommittee on Courts, the
Internet, and Intellectual Property 4 APR 05. No new sponsors were added to
this bill which has a total of 5. There are no related bills.
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. Last major action was Referral to
the House Subcommittee on Military Personnel 6 APR 05. Rep Madeleine
Bordallo [GU] has signed on to sponsor this bill which has a total of 52.
S.2385 is a related bill. 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. Last major action was
referral to the House Subcommittee on Military Personnel 6/21/2005. Rep
Jeff Fortenberry [NE-01] has signed on to sponsor this bill which has a
total of 29. 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. Last major action was referral to the
House Subcommittee on Health 23 MAY 05. Rep Zach Wamp [TN-3] & Rep Judy
Biggert [IL-13] ] have signed on to support the bill giving it a total
of 177 sponsors.. S.1081is a related bill. 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.
Last major action was referral to the House Subcommittee on Disability
Assistance and Memorial Affairs 28 JUN 05. No new sponsors have signed
on to support the bill which has a total of 53 sponsors. 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.4259: The ‘Veterans right to Know Act’ to establish a Commission to
investigate chemical or biological warfare tests or projects,
especially such projects carried out between 1954 and 1973, placing particular
emphasis on actions or conditions associated with such projects that
could have contributed to health risks or been harmful to any United
States civilian personnel or member of the United States Armed Forces who
participated in such a project or who was otherwise potentially exposed
to any biological or chemical agent, simulant, tracer, decontaminant, or
herbicide as a result of such projects; and to submit a report to
Congress of its findings and recommendations. Last major action was referral
to the House Subcommittee on Military Personnel 30 NOV 05. No new
sponsors have signed on to support the bill which has a total of 43
sponsors. There are no other related bills.
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.
Last major action was referral to the House Committee on Veterans'
Affairs 9 MAR 06. 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. Last major action was referral to the House Committee on
Armed Services 14 MAR 06. Rep Henry Cuellar [TX-28] & Rep John Sweeney
[NY-20] have signed on to support the bill giving it a total of 163
sponsors. 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 facilit