Bob Riley on Health Care Republican Governor; previously GOP Representative (AL-3)

Voted YES on allowing suing HMOs, but under federal rules & limited award.

Voted YES on subsidizing private insurance for Medicare Rx drug coverage.

Voted YES on banning physician-assisted suicide.

Voted YES on establishing tax-exempt Medical Savings Accounts.

Limit anti-trust lawsuits on health plans and insurers.

OFFICIAL CONGRESSIONAL SUMMARY:

• Delineates the relationship between the antitrust laws and negotiations between groups of health care professionals and health plans and health care insurance issuers.
• Applies the "rule of reason" standard to negotiations between a health plan and two or more physicians.
• Awards attorneys' fees to a substantially prevailing plaintiff only when the defendant's conduct was unreasonable or in bad faith.
• Prohibits tying arrangements (linking the participation in one product line to participation in another) between a health plan and health care professional.
• Excludes from this Act any negotiations or agreements including Medicare, Medicaid, SCHIP, or other federal programs.

EXCERPTS FROM CONGRESSIONAL FINDINGS:

Congress finds the following:
1. A large number of Americans receive their health care coverage from managed health care plans.
2. The market power of insurance companies has increased tremendously since the early 1990's, due to mergers and acquisitions.
3. Health plans improperly manipulate the practice of medicine through such mechanisms as inappropriately making medical necessity determinations, and knowingly denying and delaying payment.
4. The intent of the antitrust laws is to encourage competition and protect the consumer, and the current per se standard for enforcing the antitrust laws in the health care field frequently does not achieve these objectives.
5. An application of the "rule of reason" will tend to promote both competition and high-quality patient care.
6. In any action under the antitrust laws challenging a health plan, conduct shall not be deemed illegal per se, but shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition and proposed contract terms.

LEGISLATIVE OUTCOME: Referred to the House Committee on the Judiciary; never called for a House vote.

3.2% funding increase for National Institutes of Health.

NIH, as well as the indirect job benefits of laboratories needing space, supplies, services, and equipment. We are also deeply aware that NIH-funded discoveries are the basis of new companies and even new industries in our communities.

NIH research is an instrumental part of the success of the US life sciences industry and its 6 million high-wage US jobs. Moreover, follow-on life science research advances are now stimulating new jobs and new solutions in green energy, agriculture, the environment and industrial manufacturing. NIH funding enables the scientific talent and discoveries that are at the heart of this vast array of economic activity.

As you develop the Congressional Budget Resolution, we urge you to enable the 3.2% funding increase for NIH contained in the President's budget request. We thank you for your past support for biomedical research and ask you to craft a budget resolution that accommodates the President's $32.2 billion FY 2011 NIH budget request.

The greatest contribution NIH makes is to the health and well-being of Americans. Past federal investments in medical research, combined with those from the private sector, have led to improved health, better quality of life, and improved productivity of millions of patients and their families.

But NIH is also an important national, regional, and local economic engine. Together, our states received more than $19 billion from the NIH last year for promising research efforts. NIH funding directly supports 350,000 jobs across the US. In our states, we see firsthand the world class research institutions and scientific teams enabled by

Loosen "one-size-fits-all" approach to Medicaid.

As Governors, we are writing to you regarding the excessive constraints placed on us by healthcare-related federal mandates. One of our biggest concerns continues to be the Maintenance of Effort (MOE) provisions of the Patient Protection and Affordable Care Act, which prevent states from managing their Medicaid programs for their unique Medicaid populations. We ask for your immediate action to remove these MOE requirements so that states are once again granted the flexibility to control their program costs and make necessary budget decisions.

Every Governor, Republican and Democrat, will face unprecedented budget challenges in the coming months. Efforts to regulate state operations impose greater uncertainty on our budgets for oncoming years and create a perfect storm when coupled with the current state of the economy.

Health and education are the primary cost drivers for most state budgets. Medicaid enrollment is up. Revenues are down. States are unable to afford the current Medicaid program, yet our hands are tied by the MOE requirements. The effect of the federal requirements is unconscionable; the federal requirements force Governors to cut other critical state programs, such as education, in order to fund a "one-size-fits-all" approach to Medicaid. Again, we ask you to lift the MOE requirements so that states may make difficult budget decisions in ways that reflect the needs of their residents.

Collect data on birth defects and present to the public.

Directs the Centers for Disease Control and Prevention to carry out programs to:
• collect and analyze, and make available data on the causes of birth defects and on the incidence and prevalence of such defects;
• operate regional centers for the conduct of applied epidemiological research on the prevention of such defects;
• provide information and education to the public on the prevention of such defects;
• collect and analyze data by gender and by racial and ethnic group9/6/2004
• collect such data from birth and death certificates, hospital records, and such other sources; and
• (3) encourage States to establish or improve programs for the collection and analysis of epidemiological data on birth defects and to make the data available.