News
2-1-11 Monthly Advocacy Update
Monthly Advocacy Update 2-1-11
Dr. Seffrin Named to New to National Prevention Advisory Group
The White House announced its intention to appoint John R. Seffrin, Ph.D., chief executive officer of the American Cancer Society and its advocacy affiliate, the American Cancer Society Cancer Action Network (ACS CAN), to the advisory group to the newly created National Prevention, Health Promotion and Public Health Council.
The council, which was created by the Affordable Care Act, is working to integrate the prevention efforts of numerous federal government agencies and coordinate prevention and wellness services nationwide. It was formed in June 2010 and is composed of six federal department secretaries and other government officials. The new Advisory Group on Prevention, Health Promotion, and Integrative and Public Health is empowered by the new law to advise the council on chronic disease prevention, health promotion and the creation of a first-ever national prevention strategy. Read the ACS CAN press release.
Legal Challenges
A federal judge in Florida yesterday ruled the requirement in the Affordable Care Act that all Americans purchase health insurance is unconstitutional. Two federal judges have upheld the so-called “individual responsibility” or “individual mandate” provision of the law, and two judges have now found that the provision should be struck down. (Several other challenges to the law have been dismissed because the plaintiffs lacked legal standing.) The conflicting opinions increase the chances that the law’s constitutionality will ultimately be decided by the U.S. Supreme Court.
The Florida judge ruled that the whole law should be struck down if the individual responsibility provision is unconstitutional, going a step further than a December decision by a federal judge in Virginia that left open the question of whether the rest of the law could be implemented if one provision is invalidated. Both the Florida and Virginia judges, however, declined to issue an injunction as requested by the plaintiffs to prevent the law from taking effect. This is a very important development that enables the implementation of critical provisions of the law to continue across the country.
Like those before it, the decision will almost certainly be appealed. As the cases reach the appellate level, the Society and ACS CAN will continue to defend provisions of the law that are improving access to adequate and affordable health coverage for people with cancer and their families – provisions that reflect priorities adopted by our organizations long before the current health care debate began. Earlier this month, with the concurrence of the Society’s National Board of Directors, the Society and ACS CAN joined the American Diabetes Association and the American Heart Association to jointly file a friend-of-the-court brief in an appeal of a federal decision in Michigan that upheld the individual responsibility provision as constitutional. Our brief focuses very specifically on critical patient protections that would not be sustainable without the individual responsibility provision, including a ban on pre-existing condition exclusions, the elimination of annual and lifetime benefit limits, and a ban on insurance companies rescinding coverage when a policyholder gets sick.
The Florida decision will not impact the law’s implementation at either the federal or state level, although other events or actions may impede it. ACS CAN’s efforts to ensure that critical provisions are implemented as strongly as possible for people with cancer and their families will continue. At the same time, we will keep you updated on implementation and legal challenges to the law.
Health Care Reform Repeal Bill and Replace Resolution Pass the House
The U.S. House of Representatives voted on January 19 on legislation (HR 2) to repeal the Affordable Act. The legislation passed, as expected, 245-189 on a mostly party-line vote. The legislation has been sent to the Senate, where Majority Leader Harry Reid (D-NV) has said that he does not plan on bringing the bill up for a vote, although Senate Republicans are pressing the issue.
On January 20, the House debated and voted on H Res. 9, which calls on three House committees of jurisdiction for health care and the House Judiciary Committee to write and report out legislation that proposes changes to the law. The legislation passed 253-175, and signaled the beginning of a more targeted pushback against the law that will play out in the House over the next two years. Much of the attention will be focused on the four House committees over the next few months as they are actively engaged in hearings that discuss proposed changes to the law, as well as oversight of the work that is being done by the federal departments on the implementation of the Affordable Care Act.
ACS CAN Call Campaign
Leading up to the vote on HR 2, ACS CAN launched an effort to generate calls into several congressional offices from constituents who are opposed to repeal of the Affordable Care without a clear alternative that would include the provisions important to cancer patients. The calls were directed at a targeted number of both Democratic and Republican lawmakers. In four days, a total of 10,527 calls – at least 500 per target office – were made. The calls emphasized the patient protections included in the law, including the elimination of exclusions based on pre-existing conditions. Read the ACS CAN press release.
States and Medicaid
In the states, Society Divisions and ACS CAN continue to work to protect Medicaid funding and state programs from budget cuts. A recent letter from 33 Republican governors to the Administration and Congressional leadership urged them to eliminate the Medicaid Maintenance of Effort (MOE) provisions that were included in the Affordable Care Act, and the American Recovery and Reinvestment Act (ARRA). The MOE requires states to keep eligibility and enrollment activities at the same level as they were prior to the enactment of those laws. In response, Society Division and ACS CAN government relations staff are utilizing a number of strategies, including a new fact sheet that explains why the Medicaid MOE is so important for cancer patients and their families.
Issue Overview Call: Medicaid Evaluative Tool
ACS CAN hosted a webinar for Division advocacy staff last week on how to use ACS CAN’s new Medicaid Evaluative Tool. The Medicaid Evaluative Tool was developed by ACS CAN's Policy Team to help users analyze legislative proposals and determine the potential impact those proposals may have on their states' Medicaid programs. More than 60 staff participated in this training opportunity and interested parties may access a recording of the call here:
North America Toll Free: 1-888-203-1112
Replay Passcode: 74639025
Note: When accessing the recording, be aware that there is significant "dead time" before any speaker is heard. Simply continue to hit "9" on your keypad until you hear a speaker.
Cancer Research and Program Funding
ACS CAN has been calling on Congress and the President to work together to fund cancer research at levels that will maintain support for ongoing promising research, and well-established evidence-based prevention programs. The federal government continues to be the largest financial supporter of cancer research, and research funded by the National Institutes of Health (NIH) and the National Cancer Institute has played a major role in every major advancement in the fight against cancer over the last 70 years. Putting even greater urgency behind the issue, NIH recently announced that medical costs for cancer could exceed $200 billion by 2020.
State of the Union
As part of its campaign to increase federal funding for cancer research and critical cancer control programs, the ACS CAN engaged in several activities timed to coincide with the President’s State of the Union address. In last night’s State of the Union, President Obama called for federal investments in biomedical and other basic research. Click here to read the relevant passage of the speech.
ACS CAN hosted its second annual online chat during the address to provide advocates with an opportunity to have a real-time discussion of the speech while sending a message to the President and Congress that cancer research funding and other issues important to people with cancer and their families should remain top national priorities. David Pugach, ACS CAN’s Associate Director of Federal Relations and federal budget expert, was on hand for the chat to answer questions and provide an analysis. There were nearly 300 registered participants and 1,300 comments were posted. Read the ACS CAN press release.
New Ad Campaign
ACS CAN launched a new print and advertising campaign urging Congress to increase funding for NIH-supported cancer research so that past federal investments do not go to waste. View the ad. Read the ACS CAN press release.
As the National Breast and Cervical Cancer Early Detection Program enters its 21st year, ACS CAN will again work with to educate policymakers about the importance of this lifesaving program and ensure funding is a priority in the 2012 fiscal year. Funding for breast and cervical cancer programs is especially vulnerable at the state level. Fortunately the programs are generally popular among legislators. ACS CAN and Society Division volunteers and staff are highly motivated to protect these programs, with many of them veterans of past campaigns that succeeded in staving off cuts.
Congratulations to the Mid-South Division on a great victory in Bowling Green, Kentucky, which passed a smoke-free law that includes virtually all businesses, including bars and restaurants. The law takes effect in 90 days. ACS CAN is partnering with the Mid-South to make all of Kentucky smoke-free. This win is a significant part of that strategy.
More good news – Summerville, South Carolina is the 38th community in the state to pass a local smoke-free ordinance that covers all workplaces, restaurants and bars. Congratulations to volunteers and staff in the South Atlantic Division!
E-Cigarettes
In some disappointing news, the full DC Circuit Court of Appeals declined to re-hear the case of whether the Food and Drug Administration (FDA) has the authority to regulate electronic cigarettes as drugs and delivery devices. As you know, ACS CAN and other public health groups had petitioned at the end of December, seeking to overturn a three judge panel of the court’s decision to deny the FDA such authority. ACS CAN and its partners are now exploring their options. In addition, ACS CAN continues to work with Society Divisions to assess proposed state and local legislation to restrict the sale of new and emerging tobacco products such as e-cigarettes.
Texas Makes the Top 10
Congratulations to the High Plains Division and especially the volunteers and staff in Texas for making the top 10 of the Texas Power Lobby Rankings top 10 list of non-profit lobby organizations. With so many non-profits doing great work in the state, this recognition is very meaningful.
Christopher W. Hansen
President
American Cancer Society Cancer Action Network (ACS CAN)