Gray Davis on Health Care Former Democratic CA Governor

Expand HMO reform with tougher laws

DAVIS: They did tap in to some genuine anger that I recognize. That is why I’m fighting hard to reform the workers’ compensation, improve stem cell research and expand HMO reform. We have tough laws, but we want to expand them further.

Keep medical decisions in hands of patients & their doctors

Patient rights including suing HMOs

Davis’ ground-breaking HMO reforms include:
• The right to an external, independent review of health care coverage decisions and experimental treatments.
• The right to sue an HMO in cases of substantial harm.
• The right to cancer and diabetes screenings.
• The right to care for serious mental health disorders and major childhood emotional disturbances.
• The right to a second medical opinion.
• The right to privacy of medical records.
• The right to contraceptive coverage.
• The right to Hospice Care for the terminally ill.
• Coverage of “routine patient costs” for all four phases of a clinical trial, for all cancers.
• Access to appropriate specialists on an ongoing basis for HIV/AIDS patients.
• Funding to publish an annual HMO report card with information about the quality of care that health plans provide.
• Financial solvency requirements for organized health care providers.

No federal pre-emption of employee health plan regulation.

The Issue

NGA’s Position

The Governors support efforts designed to enable small employers to join together to participate more effectively in the health insurance market. In fact, Governors have taken the lead in facilitating the development of such partnerships and alliances. However, these partnerships must be carefully structured and regulated by state agencies in order to protect consumers and small businesses from fraud and abuse and underinsurance. NGA opposes attempts to expand federal authority under ERISA. The Governors have identified the prevention of such federal legislation in the 107th Congress as a top legislative priority.

States have the primary responsibility for health insurance regulation. Across the nation, Governors are working to protect consumers and patients and to properly regulate the complicated health insurance industry.

More federal funding for rural health services.

1. Western Governors want rural areas to have an adequate and able workforce to deliver needed health care services. The governors call on the federal government to provide necessary funding for programs such as the National Health Service Corps (NHSC) that have a state-based component, and the Health Professions programs that help health professionals serve in rural and frontier areas.
2. Western Governors believe that rural health care providers should be paid fairly by Medicare in order to ensure access to health care for rural citizens. The governors encourage the federal government to take further steps to ensure equity in Medicare reimbursement for urban and rural areas.
3. Alaska, Hawaii, America Samoa, the Northern Mariana Islands and Guam face extraordinary geographic barriers in providing healthcare services and they should be designated for special consideration and adequate funding to overcome their frontier barriers.
4. Federal programs like the Rural Health Outreach Grants and the Rural Hospital Flexibility program need to continue to provide funds to states and communities to experiment with new programs, integration of services and coalition building to develop new types of providers, facilities, and services.
5. Western Governors believe in strengthening the existing health care system. Support for home health agencies, rural health clinics, public health nursing and critical access hospitals are partial solutions.
6. Western Governors support the elimination of barriers to the use of telemedicine as outlined in the WGA’s 1998 report. In particular, we request that the federal efforts to increase reimbursement for telemedicine consultations, to protect the privacy of patient-identifiable medical information and to support rural health provider telecommunication costs with universal service funds continue.

Protect state tobacco settlement funds from federal seizure.

As you know, preserving and protecting the state tobacco settlement funds is the nation’s Governors’ highest priority. We strongly urge you to reach final agreement and pass the conference report on the emergency supplemental appropriations bill soon, and to retain the Senate provision that protects our settlement funds from federal seizure.

Many of our state legislatures are currently in session, and some have already completed work on their budgets. Therefore, it is critical that conferees reach agreement quickly on this issue. Governors are unified in their commitment to ensuring that the funds remain in the states and that there be no restrictions on states’ ability to tailor spending to meet the needs of their citizens.

We offer our strongest support for conferees to recede to the Senate version of the bill containing the Hutchison/Graham bipartisan tobacco recoupment protection legislation.