News
August 2012 Monthly Advocacy Update
Stay up to date in between Monthly Updates with Cancer CANdor, a blog from ACS CAN's President.
ACS CAN LEADERSHIP SUMMIT AND LOBBY DAY
More than 500 ACS CAN volunteers and staff from all 50 states and nearly every Congressional district will gather in Washington, D.C. from September 12-15 for the sixth annual ACS CAN Leadership Summit and Lobby Day. Over the course of the event, the top two leadership tiers of ACS CAN's national volunteer organization -- state lead ambassadors (SLAs) and ambassador constituent team (ACT) leads -- and their staff partners will meet with members of Congress to advocate for continued federal investments in cancer research, prevention, and early detection. They will also participate in skills training and issue briefings and have an opportunity to network and share best practices with colleagues from around the country.
A highlight of the event will be ACS CAN's second Lights of Hope ceremony at the US Capitol on the evening of Friday, September 14. The ceremony is a chance to remember those who have been lost to cancer. Your donation of $10 or more will help ACS CAN urge lawmakers to make the fight against cancer a national priority. The ceremony is immediately preceded by the ACS CAN "CAN Opener" fundraiser. (Note: Contributions or gifts to ACS CAN are not tax deductible.)
From now through Election Day, volunteers in nearly every congressional district will be talking to candidates about cancer issues and informing the public about candidates' stances on making cancer a national priority as part of Cancer Votes, ACS CAN's voter education program. Read a guest column in The NonProfit Times special section on elections by ACS CAN CEO John Seffrin entitled "Making Cancer an Election Issue."
Montana Senate Candidates on the Record
Breast cancer has been a major issue in Montana's US Senate race, with both candidates running ads claiming to care more about the issue than their opponent. Cancer Votes seized the opportunity to have them go on the record. As a result, both the challenger and incumbent made commitments to increase funding for the National Breast and Cervical Cancer Early Detection Program. Read the ACS CAN press release.
A shrink-wrapped Cancer Votes van toured West Virginia the week of August 6 to educate voters about the importance of asking candidates and lawmakers to make fighting cancer a national priority. The people encountered were excited about Cancer Votes and what ACS CAN is doing to fight cancer. About 1,000 messages and signatures were written on the van. See coverage by The Charleston Gazette and Tyler Star News.
Candidate Forums
Candidate forums offer an excellent opportunity to elevate the regional and national profile of ACS CAN as the non-partisan voice of people with cancer and their families in support of policies that help fight the disease. The debates also enable ACS CAN to highlight its efforts to get candidates in state and federal election contests across the country on the record with their positions on critical cancer issues.
On July 30, Cancer Votes and the League of Women Voters held a forum in Wichita for state senate candidates in Sedgwick County, Kansas. The candidates talked about health issues in the state, including breast cancer early detection programs.
ACS CAN Cancer Votes, AARP, the University of Delaware, and the nonprofit, nonpartisan news outlet Delaware First Media will cosponsor back-to-back candidate forums on October 16 and 17. This is the second time the organizations are teaming up, having hosted forums in the 2010 general election for candidates running for the state's at large US House seat and the US Senate, the latter of which aired live on CNN. This year, candidates for the US House will kick off the series of events on October 16, followed immediately by their Senate counterparts. Contenders for lieutenant governor lead off on October 17 and the gubernatorial debate concludes the evening. For more details, see the UDaily story.
New Website
Cancer Votes officially launched its website, www.CancerVotes.org, this month. The site features news on Cancer Votes events around the country and a video encouraging people to get involved. Tools and materials on the site make it easy for people to engage and include ways to:
- Send emails to candidates in targeted races
- Post messages on candidates' Facebook pages
- Download information on canvassing in their community
- View voter guides
- Learn about local Cancer Votes activities
- Volunteer to get involved locally
- Donate and get a T Shirt
Training
Turnout was high for Cancer Votes' second training call for volunteers on July 31. The webcast focused exclusively on tactics -- everything from canvassing and visibility to social media and candidate questionnaires.
HOW DO YOU MEASURE UP?
A majority of states are falling short on legislative solutions to prevent and fight cancer according to the 10th edition of How Do You Measure Up?, ACS CAN's annual progress report on state legislative activity. The report, released on August 9 during the National Conference of State Legislators' annual meeting, finds that 32 states reached benchmarks in two or fewer of seven legislative priority areas. No state measured up in six or all seven of the benchmarks. Only two states -- Vermont and Delaware -- met five of the seven benchmarks. Read the ACS CAN press release and Cancer CANdor blog post.
The 2012 report added two new measures, banning tanning bed use by minors and access to palliative care, to the policies evaluated in past reports, which include breast and cervical cancer early detection program funding; colorectal screening coverage laws; smoke-free laws; tobacco prevention program funding; and tobacco taxes. The report also offers a blueprint for effective implementation of provisions of the Affordable Care Act that benefit cancer patients and their families, such as creating consumer-friendly state health exchanges, expanding access to coverage through Medicaid, and ensuring that health plans cover essential health benefits. Finally, the report provides guidance on tobacco cessation funding; emerging tobacco products; obesity, nutrition and physical activity; and oral chemotherapy parity.
Once again the report generated significant media coverage, including reports on KCRA-Sacramento, WBBM - Chicago, WKRN-Nashville, WNCN-Raleigh, and WXIN-Indianapolis as well as stories in Inside Health Policy and Politico Pro.
2012 HDYMU Clips Report.xlsx Inside Health Policy & Politico Pro HDYMU.docx
CANCER RESEARCH, PREVENTION, AND EARLY DETECTION PROGRAMS
Cancer Center Event
ACS CAN and the Great Lakes Division brought cancer community leaders together at the University of Michigan Comprehensive Cancer Center in Ann Arbor on August 23 to urge the state's congressional delegation to commit to sustained federal funding for cancer research. The program highlighted the role that cancer research plays in saving lives and how it supports the local economy. Speakers included prominent cancer researchers, volunteer and staff representatives from ACS CAN and the Division, and a cancer patient. The event was the sixth in a series of cancer center visits ACS CAN is organizing in partnership with local cancer centers and Divisions to highlight the benefits of federal investments in cancer research.
Impact of Budget Cuts
The Majority Staff of the Senate Appropriations Committee released a report on the potential impact of across-the-board spending cuts, known as sequestration, to non-defense discretionary programs in January 2013. The sequestration threat was put in place under the Budget Control Act, the law passed in August 2011 to raise the debt limit and reduce federal spending. Funding cuts from sequestration would be on top of significant cuts to non-defense discretionary programs already made as part of the Budget Control Act.
The report details how devastating further cuts would be to a host of programs in every state. For example, the already-underfunded National Breast and Cervical Cancer Early Detection Program would serve 33,816 fewer women. The National Institutes of Health, which can now only fund 17 percent of the proposals it receives, would have 700 fewer grants to award.
There is a possibility Congress and the president will come to a new agreement and avert sequestration, but nothing is guaranteed in the current political environment. ACS CAN continues to urge lawmakers of both political parties to work toward a resolution that sustains funding for priority cancer programs and initiatives that will expand access to adequate, affordable health care.
State Health Exchanges
The Department of Health and Human Services (HHS) issued a final blueprint to states on the procedures and criteria for securing federal approval for a state-run insurance exchange or exchanges operated through a state-federal partnership. The blueprint details the application process and the level of information states should provide to demonstrate how their exchange will offer a wide range of competitively priced private health insurance options.
States planning to operate exchanges are required to notify HHS of their intent to establish an exchange, be it state-run or a state-federal partnership, by November 16, 2012. States that decline to establish an exchange or fail to receive federal certification will default to a federally facilitated exchange in 2014. The need for cooperation and collaboration in states where the federal government operates the exchange, especially in the areas of accrediting qualified health plans and consumer education and outreach, was a major theme in a series of regional meetings HHS held with stakeholders this month.
ACS CAN believes the establishment of exchanges will make health care coverage more easily available by letting people shop for insurance and compare health plans by quality and price.
Preventive Services
Provisions in the Affordable Care Act that require new private health plans to cover specific women's preventive services at no cost to patients took effect in August, including services important to preventing cancer and catching it early, such as annual well-women visits and testing for a virus that can cause cervical cancer. The benefits were recommended by an Institute of Medicine panel convened at the request of HHS. Health insurers must begin covering the benefits on the first day of the new plan year for non-grandfathered health plans.
ACS CAN volunteer and three-time cancer survivor Anne Creech of Holland, Ohio, joined HHS Secretary Kathleen Sebelius, Senator Barbara Mikulski (D-MD), and other officials at a press conference in the US Capitol to mark enactment of the new requirements. Read Creech's guest post on the Cancer CANdor blog and the ACS CAN press release.
Prevention Report
ACS CAN released a first-of-its kind report that highlights some of the Prevention and Public Health Fund's many successes in communities across the country. The report profiles lifesaving programs in 17 states and communities that have benefited from the Prevention Fund, created by Congress in 2010 as part of the Affordable Care Act to support evidence-based programs that are increasing access to proven disease prevention measures in all 50 states and scores of communities across the country. Read the ACS CAN press release.
Medicaid Expansion
The Affordable Care Act expands Medicaid eligibility to 138 percent of the federal poverty level, but as a result of the Supreme Court's ruling, state participation is optional. As governors and state legislators debate the issue, a study published in the New England Journal of Medicine makes the case that Medicaid expansion saves lives. In another report, the Urban Institute and the Robert Wood Johnson Foundation found that single adults without children would benefit significantly from expansion.
ACS CAN believes the Medicaid program is an important means of providing critical access to proven preventive services and lifesaving treatments. ACS CAN recently held a training session for advocacy staff nationwide and developed new materials to support efforts to make the case for expansion to governors, state legislators, Medicaid administrators, and other state officials.
At the same time, ACS CAN is continuing its work to protect existing benefits, such as cancer care for women diagnosed through the National Breast and Cervical Cancer Early Detection Program. As many as 60 million people could be affected in states planning to reduce spending and curtail benefits according to a Kaiser Health News report.
Consumer Protections
Consumer representatives to the National Association of Insurance Commissioners (NAIC), a group that includes ACS CAN, made a detailed set of recommendations to state and federal regulators and lawmakers on how to most effectively implement consumer protections in the Affordable Care Act.
Pre-Existing Conditions
According to a study commissioned by Families USA, 64.8 million Americans --1 in 4 non-elderly Americans -- are living with a pre-existing condition. The organization reported that more than one-quarter of white Americans, nearly one-quarter of black Americans, and more than one in six Hispanic Americans are affected. Nearly half of adults aged 55 to 64 have pre-existing conditions that could result in a denial of coverage. Provisions in the Affordable Care Act banning denials of coverage based on health history are already in effect for children and will apply to adults beginning in 2014.
Medicare Prescription Coverage
HHS announced that more than 5.2 million Medicare beneficiaries have saved nearly $4 billion on their prescriptions since enactment of a provision in the Affordable Care Act that closes the so-called "doughnut hole" in Medicare's prescription drug coverage. The administration also said that the average premium for basic drug coverage would remain at $30 a month for the third year running.
FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT
In the past month there have been several developments related to the Family Smoking and Prevention Tobacco Control Act (FSPTCA), 2009 law that gave the Food and Drug Administration (FDA) authority to regulate tobacco products.
Graphic Warning Labels
ACS CAN was deeply disappointed with the August 27 federal court decision to block implementation of a provision in the FSPTCA requiring placement of new graphic warning labels on all cigarette packs. The ruling is a victory for Big Tobacco in its effort to obstruct and delay the implementation of the new graphic warning labels. The labels, which were released in June 2011 for implementation in September 2012, were to cover 50 percent of the front and back of cigarette packs and feature images and text that depict the consequences of smoking. Read the ACS CAN press release.
Overwhelming evidence demonstrates that the large, graphic warnings are effective in raising public awareness of the risks of smoking. The FDA had also proposed that new warning labels include the toll-free phone number 1-800-Quit-Now, which connects callers with cessation programs in their state. The court's rejection of the quitline number is a huge missed opportunity, because callers to quitlines are twice as likely to stop smoking as those who do not seek this assistance.
ACS CAN and its public health partners filed amicus briefs in support of the FSPTCA and are now waiting to learn if the federal government will appeal the decision to the Supreme Court. At the same time, ACS CAN is eager to see if the FDA can identify other ways to move forward with the new cigarette warning labels.
Warning labels in the US have not been changed in 25 years. According to the Tobacco Atlas "pictorial warnings have been adopted by about one-quarter of countries. Most recently, Australia's highest court upheld that nation's cigarette labeling and packaging law, considered the toughest in the world. As of December, all cigarettes will come in uniform plain packages that lack tobacco company logos and instead display graphic images of the extreme harm tobacco use causes. A hearing to consider the actual wording and venues for the corrective statements is scheduled for October 4. Read a blog post on the decision by American Cancer Society and ACS CAN CEO John Seffrin, PhD.
Department of Justice Lawsuit
In a victory for public health, the US Court of Appeals for the DC Circuit rejected the tobacco industry's argument that the FSPTCA supersedes some of the punitive measures imposed on them after they were found guilty in 2006 of violating federal racketeering laws in a case brought by the Department of Justice in 1999. Since the verdict the industry has filed multiple lawsuits in an effort to undercut the judgment. In this case, Big Tobacco is trying to avoid making "corrective statements" accounting for more than 50 years of fraudulent and deceptive marketing practices. Read the ACS CAN press release.
ACS CAN and its public health partners believe Big Tobacco should be compelled to explain their contemptible practices with strong, fact-based statements which educate the public on the dangers of tobacco use and secondhand smoke. Meaningful corrective statements are an important part of setting the record straight and ensuring that the industry clearly admits to years of wrongdoing. The Society and five other public health groups (the Campaign for Tobacco-Free Kids Action Fund, American Heart Association, American Lung Association, Americans for Nonsmokers' Rights and National African American Tobacco Prevention Network) are court-sanctioned intervenors in the case and have been given 10 minutes to make the case to the judge for strong corrective statements.
The need for sanctions was underscored earlier this year when the intervenors filed notice in federal court of Altria's continued efforts to deceive the public in advertisements headlined "Helping Find Solutions" and "Recognizing Our Responsibilities." The ads appeared in Capitol Hill newspapers this spring claiming the company markets its deadly products responsibly. Prior to the filing, ACS CAN sent a letter to Altria's CEO demanding proof of the claims. The company has yet to respond.
FDA Advisory Panel
A federal court ruled that a lawsuit challenging the expertise and authority of the FDA's Tobacco Products Scientific Advisory Committee may go forward. Established as part of the FSPTCA, the 12-person advisory committee, which includes Mark Clanton, MD, MPH, chief medical officer of the High Plains Division, is tasked with making recommendations to the FDA commissioner regarding the health effects, and public health implications of tobacco products.
The suit was brought by Lorillard and RJ Reynolds, which claim the panel does not meet a requirement in federal law that membership on such advisory committees be "fairly balanced," not long after the advisory panel concluded that banning menthol in cigarettes would benefit the public health. The recommendation was made following an exhaustive review of scientific evidence that found menthol cigarettes to be more harmful than regular cigarettes and more appealing to youth.
ACS CAN and other leading public health organizations supported the findings and filed a joint amicus brief with the Society, Public Citizen, the American Academy of Pediatrics, and other public health organizations attesting to the integrity of the advisory panel. The brief also provides the court with background on the FSPTCA as well as general information on the purpose of scientific advisory committees.
TOBACCO TAXES
Missouri
An initiative to raise Missouri's tobacco tax officially qualified for the November ballot earlier this month after volunteers and staff in the High Plains Division turned in more than 200,000 signatures to guarantee the measure's certification. The ballot question seeks to raise the state tobacco tax, currently the lowest in the nation at 17 cents per pack, by 73 cents. A tax increase of this size translates into 40,100 Missouri kids not becoming addicted smokers and 22,200 people averting premature death. Twenty percent of the new revenue would go toward tobacco control and the remainder toward education.
The High Plains Division is leading the campaign with support from a broad coalition that includes ACS CAN, which has committed $580,000 to date. The Missouri campaign will also benefit from lessons learned in the narrow defeat of California's tobacco tax ballot initiative at the hands of copious tobacco industry money and deceitful tactics.
Tax Equity
A Centers for Disease Control and Prevention (CDC) report shows that despite a 33 percent decrease in cigarette consumption from 2000 to 2011, the use of other forms of smoked or combustible tobacco, which are taxed at lower rates than cigarettes, spiked. There was a 482 percent increase in usage of pipe tobacco, which is often used to make roll-your-own cigarettes, and a 233 percent increase in large cigar use. The CDC's data clearly demonstrate that the disparity in tax treatment of tobacco products is undercutting efforts to reduce tobacco use and save lives. ACS CAN supports several bills pending in Congress as well as state efforts to close these loopholes. Read the ACS CAN statement.
RELAY FOR LIFE NATIONAL LEADERSHIP SUMMIT
ACS CAN and Relay For Life (RFL) continue to enjoy a strong partnership. At this year's annual RFL National Leadership Summit, ACS CAN volunteer AnnMarie Morse delivered a keynote address that embodied the Summit's theme: "Dream BIG. Hope BIG. Relay BIG." AnnMarie was the driving force behind Michelle's Law, which allows college students diagnosed with a serious illness to take a leave of absence from school and still remain on their parents' insurance plan. The law is named for AnnMarie's daughter Michelle, who was forced to take on a full course load in order to keep her insurance even as she battled cancer.
AnnMarie had never been involved in advocacy, but after Michelle's death she led the fight to ensure no other family endures what hers did. Michelle's law was signed in 2008 by President George W. Bush and today AnnMarie is one of ACS CAN's most active volunteers.
In addition, ACS CAN introduced a new set of materials and tools to support advocacy at Relay. Specifically, ACS CAN is asking Relayers to create HOPE walls using sticky notes emblazoned with personal messages, a spinoff of ACS CAN's 2011 national TV commercial. Banners and petitions will be provided as well. New tools have also been created to promote ACS CAN membership through Relay and ACS CAN workshops held during the Summit focused on recruitment, retention and year-round engagement.