Apr 21 2008
Bill to Delay Harmful Medicaid Regulations Advances Despite Veto Threat
This week saw major activity occur on H.R. 5613, legislation recently introduced which would place a moratorium until March 2009 on seven Medicaid regulations issued by the Department of Health and Human Services. On Wednesday, the bill was unanimously approved by the full House Energy and Commerce Committee, setting up a potential veto showdown with the White House. BIAA has strongly endorsed this legislation and submitted an official letter of endorsement to the bill’s sponsors, Rep. Dingell (D-MI) and Rep. Murphy (R-PA), last week.
The legislation, which was originally introduced on March 13, 2008, would delay the implementation of seven harmful Medicaid regulations through March 2009, including several rules which would be especially deleterious to individuals with brain injury.
One of these rules would limit rehabilitation services for Medicaid beneficiaries, severely curtailing the ability of people with disabilities – including TBI – to receive rehabilitation services now covered under Medicaid. Access to these rehabilitative services is essential, as in many cases, these services play a vital role in allowing people with TBI to live independently in the community.
Despite changes made through a Manager’s Amendment last week at the Health Subcommittee level in order to assuage Republican concerns about the bill, the White House earlier this week issued a veto threat against the bill.
However, according to an article published this week in CQ Today, “During a break in the markup, ranking Republican Joe L. Barton of Texas said he did not think Republicans would vote to sustain the veto threatened by the administration. ‘I don’t think the veto threat was appropriate, and I don’t think it will be successful if vetoed, because the votes simply aren’t there,’ Barton said.” (CQ Today Print Edition – Health, 4/16/08, Drew Armstrong).
If the House of Representatives is able to successfully override a veto by the President, the potential sticking point could be the Senate, where it is unclear if a veto-proof margin exists in favor of the bill.
Several of the regulations are set to go into effect on May 25, so Rep. Dingell has indicated that he will push for swift action on the bill by the full House of Representatives. BIAA will continue to monitor the progress of the bill and strongly advocate for its successful passage.
A copy of BIAA’s letter endorsing H.R. 5613 can be obtained by visiting BIAA’s website at the following address: http://www.biausa.org/policyissues.htm.
