News
September 2011 Monthly Advocacy Update
Celebrate With Action is coming! Mark your calendars for the week of September 18 when ACS CAN volunteers will rally in every corner of the country to call on Congress to protect and ultimately increase funding for cancer research. Close to 250 events in all 50 states will take place to celebrate the milestones ACS CAN has reached since it was created 10 years ago. Local ACS CAN volunteers are organizing to bring attention to the ongoing need for investments in cancer research. ACS CAN will collect personal stories at the events celebrating the milestones people have reached in their lives thanks to breakthroughs in cancer research. Volunteers will deliver those messages to Capitol Hill on September 27 as part of the annual ACS CAN Leadership Summit and Lobby Day.
A majority of states are falling short on legislative solutions to prevent and fight cancer according to ACS CAN's ninth annual progress report on state legislative activity How Do You Measure Up? The report, released during the National Conference of State Legislators' annual meeting the week of August 8, finds that 24 states have reached benchmarks on none or only one of the five legislative priority areas. Only four states met four or five of the benchmarks for effective cancer-fighting policies.
How Do You Measure Up? ranks state policies in five priority areas: breast and cervical cancer early detection program funding; colorectal screening coverage laws; smoke-free laws; tobacco prevention program funding; and tobacco taxes. Only Delaware reached a benchmark in all five legislative areas in the fight against cancer and only three states - Hawaii, Maine and New Jersey - reached benchmarks in four of the five areas. Seven states - Alabama, Florida, Idaho, Mississippi, Oklahoma, South Carolina and Tennessee - did not meet the benchmark on any of the five issues, and another 17 received high marks on only one issue.
The report also offers a blueprint for effective legislation on matters such as tobacco cessation funding; regulating indoor tanning devices; obesity, nutrition and physical activity; and quality of life. To assist state lawmakers with the implementation of the Affordable Care Act, the report provides a model framework for establishing consumer-friendly state health exchanges and protecting Medicaid programs - a critical lifeline for many cancer patients.
This year's report generated significant media coverage, including 30 live or taped interviews conducted as part of a nationwide radio media tour. Numerous local television and print news outlets ran stories, including WUSA-Channel 9 in Washington, D.C., as did National Journal and The Hill.
CANCER RESEARCH AND PREVENTION PROGRAMS
Cancer Center Event
With Congress considering budget proposals to reduce domestic spending, the Mid-South Division and ACS CAN partnered with the University of Alabama at Birmingham (UAB) Comprehensive Cancer Center to urge Alabama's congressional delegation to commit to sustained or increased federal funding for cancer research. The August 25th event featured Dr. Edward E. Partridge, director of UAB Comprehensive Cancer Center and president of the American Cancer Society's national volunteer board of directors. Dr. Partridge highlighted examples of groundbreaking projects at the center that currently receive federal funding. In advance of the event, The Birmingham News published an op ed by Dr. Partridge and Lisa Roth, CEO of the Mid-South Division and The Press-Register ran a letter to the editor by ACS CAN volunteer Theresa Orrell.
Dr. Warner K. Huh, a professor in the Department of Obstetrics and Gynecology at UAB and a senior scientist at UAB Comprehensive Cancer Center, joined Dr. Partridge. Dr. Huh has received grants from the American Cancer Society, the National Institutes of Health, and the National Cancer Institute. His research interests include vaccines for cervical neoplasia, in vivo spectroscopy for cervical neoplasia, and treatment approaches for endometrial cancer. In addition, his clinical interests encompass developing minimally invasive approaches as well as novel electrosurgical approaches for gynecologic surgery.
Dr. Huh's patient, Alison Lancaster, a cervical cancer survivor from Dothan, Alabama, was also on hand to talk about the impact of advancements in cancer research on her life. Following the presentation, Dr. Partridge lead a tour for congressional staff of the Comprehensive Cancer Center's brand new research facility, scheduled to open in October 2011.
New Ad Campaign
I am pleased to share ACS CAN's latest advertisement, part of a national campaign to sustain funding for cancer research and prevention programs. The new ad began running today in targeted Congressional districts across the country. The ad, featuring a beaker, asks Congress to protect funding for cancer research and not let past investments go to waste.
Coordinated with other ACS CAN activities during the Congressional recess in August, the ad will run in newspapers and online media outlets beginning Monday, August 15 in ten targeted media markets across the country including: Columbus, Ohio; Cincinnati, Ohio; Charleston, S.C.; Richmond, Va.; Charlottesville, Va.; Lexington, Ky.; Nashua, N.H.; Kansas City, Kan.; Omaha, Neb.; and Bakersfield, Calif. Each ad is customized with the name of the local cancer center whose researchers benefit from federal funding.
A copy of the print ad is attached. Click here to see the online version, which features a beaker smashing into pieces under the words "Don't let lifesaving cancer research go to waste" and concludes with an option to sign a petition to Congress. ATTACHMENT
Debt Ceiling
As stipulated in the debt ceiling legislation, Congressional leaders appointed six representatives and six senators, evenly split among the parties, to the so-called "super committee" tasked with finding the means to reduce the federal deficit by $1.2 trillion. The committee is expected to hold its first meeting on September 16 and they will have until November 23 to approve a proposal.
ACS CAN will be closely monitoring the work of the super committee, with a focus on protecting federal funding for lifesaving cancer research and prevention programs, as well as important programs that assure cancer patients access to health care like Medicare and Medicaid.
New Regulations
On August 12, the Administration proposed three very detailed regulations that complement and supplement the health exchange rule proposed in July. ACS CAN will review these proposals and consider making comments, probably in coordination with other consumer groups.
Premium Subsidies
Issued by the Treasury Department, this proposal lays out the rules for consumers who wish to obtain government subsidies for private insurance in the health exchanges. Generally, this affects people between 133 and 400 percent of the federal poverty level (FPL). The proposal explains the process for collecting and verifying the information needed to determine eligibility and explains how various changes will be addressed (e.g. if a person's income goes up or down significantly during the year or if a dependent becomes eligible for subsidies separate from parents).
Exchange Eligibility
Issued by the Department of Health and Human Services (HHS), this proposal explains eligibility requirements for participation in an exchange as well as how to apply for assistance, such as 'Medicaid or premium subsidies. The regulation explains the parallel rules for small businesses that want to purchase coverage through a small business exchange if such an exchange is offered in their state.
Medicaid Eligibility
Issued by the Center for Medicare and Medicaid Services at HHS, the proposed rule consolidates the number of existing categories, including so-called "optional groups" under 133% of the FPL such as women in the breast and cervical cancer program, into four primary categories of coverage. In 2014, these categories will be children, pregnant women, childless adults under 133% FPL, and parents and caretakers above 133% FPL. The proposed rule also standardizes the definition of income eligibility and household composition to support the coordination of Medicaid enrollment in the exchanges.
Administrative Simplicity
On August 17, the Departments of HHS, Labor, and Treasury issued a draft regulation to implement the provision in the Affordable Care Act that individual market and small group market
plans provide all applicants with a summary of benefits and coverage as well as a uniform glossary of terms. (Large plans will likely be required to do so at a later date.) This is an important component
of the fourth "A" - administrative simplicity -- in the American Cancer Society and ACS CAN's four "A's" of meaningful health coverage. The objective is to provide all consumers with basic information they
can use to compare plans and begin to understand differences. The final product will probably be four pages long and include a "typical" breast cancer case to show total costs and the consumer's likely
share for the deductible and co-pays or coinsurance. (The "typical" case being used for breast cancer is based on a model Georgetown University developed for ACS CAN.) View the proposed
Litigation Update
On August 12, the 11th Circuit Court of Appeals issued its decision in the case brought by 26 state Attorneys General to invalidate the Affordable Care Act on the grounds that the law is unconstitutional. By a vote of two to one, the three judge panel struck down the provision requiring individuals to purchase health insurance -- the so-called "individual mandate" -- as exceeding Congress's authority to regulate commerce under the US Constitution. The ruling left the rest of the law intact, saying that the mandate could be severed from other provisions of the law. The decision also marks the first time that a judge nominated by a Democratic president, Bill Clinton-appointee Frank Hull, has ruled in favor of striking down the individual mandate.
The 11th Circuit ruling stands in contrast to a similar case heard in the Sixth Circuit, which upheld the law in its entirety. This "circuit-split" virtually assures that the Supreme Court will consider the various challenges, most likely accepting a case in the fall for decision in the spring of 2012. A ruling is still pending from the Fourth Circuit Court of Appeals. Experts believe the Fourth Circuit will rule by Labor Day. More than 30 cases challenging the individual mandate have been filed across the country.
State Update
In tandem with the announcement of new regulations on the exchanges, HHS released $185 million to 13 states and the District of Columbia to support the creation of state exchanges. Three states - Indiana, Rhode Island, and Washington State - received such grants in May. Only states that have taken some type of action to establish an exchange, though not necessarily enacting legislation, were eligible. To date, 11 states -- California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, Washington and West Virginia - have enacted legislation to establish a state health exchange. Eight others have passed legislation that keeps the process moving forward towards establishing an exchange.
FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT
Several major tobacco companies filed a lawsuit challenging the Food and Drug Administration's new graphic warning labels for cigarette packaging arguing that the labels infringe on their First Amendment right to free speech. The new graphic warning labels, which will cover 50 percent of the front and back of cigarette packs and include the toll-free phone number 1-800-Quit-Now starting in September 2012, are required under the Family Smoking Prevention and Tobacco Control Act. A similar lawsuit was filed last year in Kentucky, where a federal District Court judge upheld the graphic warning labels. Read the ACS CAN response.
Congratulations to volunteers and staff in the Great West Division on a hard fought and successful campaign to enact a comprehensive smoke-free workplace ordinance in Skagway, Alaska. Voters in Skagway adopted the ordinance in a special election held August 25. The law took effect the following day.
TOBACCO TAXES
The Associated Press and The Salt Lake City Tribune reported recently that tobacco sales are down 15 percent in Utah, one year after the state imposed a $1 cigarette tax increase. Calls to the state-run quit line are also up -- by more than 150 percent. Estimates that about 13,000 people would stop smoking are now thought to be too low as new figures show a decrease equivalent to an estimated 19,000 one-pack-a day smokers giving up the habit. Congratulations to ACS CAN volunteers and staff in the Great West Division, who made the tax increase possible.
Christopher W. Hansen
President
American Cancer Society Cancer Action Network (ACS CAN)