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June 17, 2005

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In this Issue


Senate, House Committees Hear Governors Talk Medicaid


Stem Cell Debate Headed for Senate


Senate Agrees to 8-Billion-Gallon RFS;
Extends Ethanol, Biodiesel Tax Incentive Program


USDA to Retest November, 2004, Suspect BSE Cow; Japan Says Retest Will Not Affect Progress on Resuming Trade


Senate Finance Gives Green Light to CAFTA Vote; Sugar May Win Protections in Battle for Passage


USDA Announces First Farm Bill Forum, Sets Topics


New Bills

 

Senate, House Committees Hear Governors Talk Medicaid

On June 15, the Senate Finance Committee and House Energy & Commerce (E&C) Health Subcommittee heard testimony on behalf of the National Governors Association (NGA), regarding NGA’s position on Medicaid reform. Governors Mark Warner (D-VA) and Mike Huckabee (R-AR) testified for NGA. While the E&C hearing featured only the governors, the Finance Committee also took testimony from Alan Weil of the National Academy for State Health Policy, Jeanne Lambrew of the Center for American Progress, and Stuart Butler of the Heritage Foundation.

NGA presented what the organization describes as a bipartisan consensus of all 50 governors that Medicaid reform is essential and that reforms need to address specific aspects of the program. Warner emphasized that although every governor has signed on to the principles, what was being presented is the “beginning of the process,” not a finished product. He noted that Medicaid in its current form can’t be sustained by States over the long term. He said reform should be driven by policy, not budget, and stated NGA opposes block grants or caps. Huckabee agreed, saying States want to test their ideas in order to serve people better, not to save money.

Among the identified issues were prescription drug payment reforms. The testimony emphasized the need for more drug pricing transparency, the difficulty for States to get the best price, and that the AWP-based system is convoluted and should be changed. According to the testimony, governors want tools to organize their Medicaid prescription drug programs in the best interest of their residents.

In addition, the governors identified other needed reforms, including closing asset loopholes, modifying cost-sharing rules, increasing benefit package flexibility, reforming waiver rules, and judicial reforms that would allow States to make decisions and changes regarding optional coverage and not be sued in federal court.

Sen. Ron Wyden (D-OR) asked the governors whether they would support his bill (S.1128, with Sen. John Sununu (R-NH)) to increase Medicaid rebates for drugs with DTC advertising. “At first blush,” responded Warner, it makes sense.” He added the caveat that one would need to have accurate numbers regarding advertising spending vs. R&D spending. Huckabee, without indicating support for the Wyden bill, emphasized the importance of reducing prescription drug spending under Medicaid. He said in his State, the Medicaid program pays more than twice what Blue Cross pays for the same drug.

At the E&C hearing, Committee Chair Rep. Joe Barton (R-TX), asked if NGA supports federal Medicaid reform legislation this year. The governors responded affirmatively. Barton stated his intention to “report a bipartisan Medicaid reconciliation package this year.”

The E&C hearing hilighted Democratic Members’ concerns about the impact the governors’ proposal could have on Medicaid beneficiaries. In particular, they questioned proposals to alter cost-sharing, stating such proposals would adversely affect the poor. Rep. John Dingell (D-MI) questioned Warner about whether NGA, in developing its proposals, had consulted with the affected populations of beneficiaries; Warner stated the proposals were developed by governors and State Medicaid directors.

 

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Stem Cell Debate Headed for Senate

The Senate is expected to take up the stem cell issue in July, while the President has continued to threaten to veto the bill – which would be the first legislative veto of his Presidency. The House did not pass the bill by a veto-proof margin, and it is unlikely the Senate will have a 2/3 majority.

Continuing to work the debate from behind the scenes, former First Lady Nancy Reagan is expected to contact lawmakers who remain on the fence. Last month, Reagan made numerous phone calls to Republican members. While it is unclear how many votes she affected, reports say that Members took her calls.

Yesterday, the House Appropriations Committee approved the FY2006 Labor-HHS-Education Appropriations bill, the funding bill for the National Institutes of Health (NIH) and other agencies for Fiscal Year 2006.

During the Committee markup, Rep. David Weldon (R-FL) offered an amendment to the bill which would have prevented NIH funding to any entity involved with somatic cell nuclear transfer. Appropriations Committee Chair Jerry Lewis (R-CA) and Labor-HHS-Education Subcommittee Chair Ralph Regula (R-OH) helped defeat the amendment by 36-29.

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Senate Agrees to 8-Billion-Gallon RFS;
Extends Ethanol, Biodiesel Tax Incentive Program

As debate begins in the full Senate over the future of omnibus energy legislation, one of the first amendments accepted would increase the Renewable Fuel Standard (RFS) mandate on ethanol and biodiesel blending to 8 billion gallons, 3 billion more than approved by the House. The Senate easily overcame northeastern and western opposition to the increase.

Just as floor action began, the Senate Finance Committee completed markup of an $18-billion package of tax incentives to be included in the full bill. As part of this deliberation, the committee approved an extension from December 31, 2006, until December 31, 2010, of a program under which tax incentives are provided to refiners for use of ethanol and biodiesel. For so-called agrobiodiesel – vegetable and first-use animal fats – the tax incentive is $1 per gallon; for “biodiesel” – recycled fats and oils – the tax incentive rate is 50 cents per gallon.

New England and California Senators object to the 8-billion-gallon RFS level, saying it will increase gasoline prices over time based on estimates in an EPA study. They further argue it is unfair to states, like theirs, where ethanol is less plentiful. Insiders say the compromise between the House and Senate levels will be somewhere between 6 and 7 billion gallons.

The RFS requires diesel and gasoline refiners to begin blending ethanol and biodiesel into their mixtures beginning in 2006, hitting 8 billion gallons by 2012. Current production of ethanol is about 4 billion gallons a year; for biodiesel, production is significantly less.

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USDA to Retest November, 2004, Suspect BSE Cow; Japan Says Retest Will Not Affect Progress on Resuming Trade

USDA announced June 9 it would retest brain tissue samples from a suspect BSE animal originally tested in November 2004. The retest was ordered by the department’s Inspector General, who has been monitoring USDA’s overall BSE prevention, surveillance and mitigation program.

However, the decision to retest the sample will have no effect on the progress made between the U.S. and Japan, officials of both countries said this week.

The November 2004 animal is known to be born before the 1997 feed ban. It was originally tested twice at the USDA facility in Ames, Iowa, using the immunohistochemistry (IHC) testing method, following an inconclusive test result on a rapid test done at the rendering facility. The final result of the Ames testing was that the animal was negative for BSE.

However, the Inspector General told USDA’s APHIS to retest the animal following a storm of criticism over the department’s handling of the testing. USDA this week hand-carried tissue samples to the World Animal Health Organization (OIE) testing facility in Weybridge, England, after USDA decided on which testing protocol Weybridge will use. Weybridge will use the Western Blot test, a more sensitive methodology traditionally used on low-quality or degraded tissue samples. At the same time, remaining tissue samples will be retested by USDA at the Ames laboratory. The testing should take about two weeks, USDA officials said.

The Japanese Minister of Agriculture joined Secretary of Agriculture Mike Johanns in reiterating the retesting – should it result in a positive case of BSE – is of little concern to the Japanese because the animal is older than 20 months. In 2003, Japan imported $1.3 billion worth of U.S. beef and beef products, or 36% of the total U.S. exports that year.

Meanwhile, South Korea and Taiwan said they were disturbed by the retesting. Taiwan, which recently resumed importing U.S. beef, said it would halt imports if the tests come back positive. Following discovery of a BSE-positive Canadian cow in Washington State in December 2003, 53 countries cut off all imports of U.S. beef.

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Senate Finance Gives Green Light to CAFTA Vote; Sugar May Win Protections in Battle for Passage

The Senate Finance Committee gave an informal green light to full Senate floor consideration this week when its “mock markup” approved the controversial treaty. At the same time, the White House has signaled the sugar industry it’s willing to talk sugar protections.

Sen. Byron Dorgan (D-ND) called the Finance Committee action “political theater” and the 11-9 vote in favor of the treaty less than a ringing endorsement. “Today’s action won’t change a trade agreement that is fundamentally flawed and threatens our domestic sugar industry,” Dorgan said.

Agriculture Secretary Mike Johanns sent a letter this week to Sen. Craig Thomas (R-WY) saying the Administration is open to discussing solutions that might afford greater protections for U.S. sugar interests and mitigate that industry’s opposition to CAFTA. The letter tipped Thomas’ vote in the Finance Committee in favor of the trade pact.

Johanns said he was willing to talk about any reasonable proposal, but stopped short of defining what that might be. U.S. Special Trade Representative Rob Portman said excluding sugar from any future trade pact was not on the table.

Earlier this week, six senior GOP Senators met with sugar interests in hopes of identifying a compromise that will allow sugar to drop its opposition to the treaty.

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USDA Announces First Farm Bill Forum, Sets Topics

The first of USDA’s announced 2006 Farm Bill Forums will be held July 7, in Nashville, TN, at the studios of RFD-TV, from which it will be broadcast from 6-9 p.m. The public is invited. Details can be found at www.usda.gov/farmbill.

Secretary of Agriculture Mike Johanns jumped both House and Senate Agriculture Committees when he announced last month his department would hold the series of listening sessions across the country. Following his announcement, the Senate Agriculture Committee announced it will hold late summer hearings. It is understood the subcommittees of House Agriculture will begin their hearings late this summer or early fall, as well.

Johanns says he is open-minded on farm policy changes, and has pledged to have senior department officials with him at the sessions. Topics to be covered at the sessions include commodity programs, conservation, rural economic development, food assistance, research and education. However, not all topics will be covered at all sessions, he said.

The public is invited to provide comments on six specific questions based on these policy considerations:

1. How should farm policy be designed to maximize U.S. competitiveness and our country's ability to effectively compete in global markets?
2. How should farm policy address any unintended consequences and ensure that such consequences do not discourage new farmers and the next generation of farmers from entering production agriculture?
3. How should farm policy be designed to effectively and fairly distribute assistance to producers?
4. How can farm policy best achieve conservation and environmental goals?
5. How can Federal rural and farm programs provide effective assistance in rural areas?
6. How should agricultural product development, marketing and research-related issues be addressed in the next farm bill?

Notice of these questions was published in the June 17 Federal Register. Comments will be accepted at public forums and may also be submitted electronically at the USDA home page (http://www.usda.gov/) by selecting "Farm Bill Forums," by email to FarmBill@usda.gov or by mail to:
Secretary of Agriculture Mike Johanns
Farm Bill
1400 Independence Avenue, SW
Washington, DC 20250-3355.

USDA will review the public comments received by December 30, 2005, including any analyses, reports, studies and other material submitted with the comments that address the six questions.

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New Bills

A number of new bills have been introduced. Click here to send a request for a copy of the text or more information about the bill.

S.RES.169
Sen. Rick Santorum (R-PA) offered a resolution expressing the sense of the Senate with respect to free trade negotiations that could adversely affect consumers of sugar in the United States as well as United States agriculture and the broader economy of the United States.

S.1227
Sens. Debbie Stabenow (D-MI) and Olympia Snowe (R-ME) introduced a bill that would establish a program to award grants to eligible entities for the purpose of off-setting the costs related to clinical health care informatics systems and services designed to improve quality in health care and patient safety.

S.1262
Sens. Bill Frist (R-TN) and Hillary Clinton (D-NY) offered the “Health Technology to Enhance Quality Act of 2005.”

H.R.2956
A bill introduced by Rep. Bart Stupak (D-MI) would establish certain restrictions on drugs containing isotretinoin (including the drug marketed as Accutane).

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