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April 7, 2006

This Week in Washington
1. House Votes to Postpone Budget until After Spring Recess
2. Congress to Recess for 2 weeks.

CARE Act in Brief
1. Burr Agrees to Co-sponsor Coburn Reauthorization Bill
2. Analysis of the Annual ADAP Survey Forum

Announcements
1. NAPWA to Hold AIDSWatch 2006 from May 8 - 10

This Week in Washington
1. House Votes to Postpone Budget until After Spring Recess

On Friday, April 7th, the House failed to vote on its version of the budget resolution for fiscal year (FY) 2007. House leadership pulled the bill from the floor rather than risk a failing vote after House Appropriators and House conservatives were unable to reach a deal on spending outside of the Budget process.

In addition Republican moderates are continuing to negotiate for an additional $7 billion in domestic spending on healthcare issues. On March 16th, the Senate passed the “Specter-Harkin amendment” which increases Labor, Health and Human Services, and Education funding to FY 2005 level by an addition of $7 billion. This will allow appropriators increased funds for necessary healthcare programs, including HIV programs like the Ryan White CARE Act. If the amendment is not included in the House version of the budget, the President’s proposed new HIV funding (for HIV medications, grant programs to community-based and faith-based organizations and for increased HIV testing) is likely to be eliminated.

The dispute between appropriators and conservatives turns on the use of “emergency funding” to bypass caps on the budget process. House conservatives have added language that would restrict this practice by allowing such spending to be challenged on the House floor. House Appropriations Committee Chairman, Jerry Lewis (R-CA) said that he would not “support a resolution that greatly diminishes Congress' ability to respond to national disasters and makes it more difficult for us to get our budget work done on time.”

Postponement of the House Budget Resolution will now allow advocates to speak with their Members of Congress. AIDS Action urges all of its members to meet with Representatives in their District offices and urge them to support increasing Labor, Health and Human Services, and Education funding to FY 2005 level by an addition of $7 billion. If the House Budget resolution does not contain the $7 billion Specter-Harkin increase for health and education programs, passed overwhelmingly by the Senate, AIDS Action Members are urged to ask their Representatives to vote “no” when the budget returns to the floor after Spring Recess.

To find out who your Representative or Senator is and/or how to contact their office, go to: http://capwiz.com/aac/dbq/officials/.

2. Congress to Recess for Two Weeks

Both the Senate and House of Representatives are expected to recess for two weeks following final votes on Friday, April 7th. The official Spring Recess is from Monday, April 10th until Friday, April 21st, however Congress is effectively out from the 7th until Tuesday the 26th because votes are not normally scheduled on Mondays.

Most Members of Congress are likely to return to their District or State during this time due to campaign activities and local work that needs to be accomplished. Therefore, this is an ideal time to schedule meetings in the district and state with Members of Congress and staff.

The House Clerk’s calendar is located here:
http://majoritywhip.house.gov/calendar.asp
(The Senate has not produced a similar easily readable calendar)


CARE Act in Brief

1. Burr Agrees to Co-sponsor Coburn Reauthorization Bill
Senator Richard Burr (R-NC) was added as a co-sponsor of S. 2339, the Ryan White CARE Act Amendments of 2006 on March 27th, 2006. This bill was introduced in the Senate by Senator Tom Coburn (R-OK) on February 28th. Senator Burr, who was a Member of the House of Representatives, was an original co-sponsor of H.R. 4807, the Ryan White CARE Act Amendments of 2000, which was sponsored by Senator Coburn who was also in the House at that time. Senator Burr is a member of the Senate Health, Education, Labor and Pensions Committee. AIDS Action asked Senate staffers and others who are close to Representative Burr if this meant that Senator Burr was abandoning the bipartisan, bicameral process that has been put in place by the Senate and House committees working on reauthorization. Those sources have said that he has not abandoned the process, but that he may be expressing support for Senator Coburn and frustration with the slowness of the reauthorization process.

In related news, Representative Dave Weldon (R-FL) introduced the companion bill to Senator Coburn’s bill in the House on March 16th. The bill was given the number H.R.5009 and referred to both the Committee on Energy and Commerce and the Committee on Financial Services. The bill currently has 18 co-sponsors. All of the co-sponsors are Republicans. Of the co-sponsors, Representative John Shadegg (R-AZ) is on the Energy and Commerce committee (which has 31 members) and Representatives Tom Feeney (R-FL) and Jeb Hensarling (R-TX) are on the Financial Services committee (which has 37 members). The legislation would need to pass both committees before being considered on the House floor. Additionally since it must go through the Energy and Commerce committee it is subject to the bipartisan, bicameral negotiating process between the Energy and Commerce and Senate Health, Education, Labor and Pension (HELP) committees. AIDS Action will keep you informed of any other changes to the Coburn/Weldon bill.

2. Analysis of the Annual ADAP Survey Forum
As reported last week, the Kaiser Family Foundation and the National Alliance of State and Territorial AIDS Directors (NASTAD) hosted a forum to release the 10th annual National ADAP Monitoring Project Report. The report provides a survey of state AIDS Drug Assistance Programs (ADAPs) in the 50 states, the District of Columbia, and territories.

The speakers at the forum included:
Shana Christrup, Professional Staff Member, Senator Michael Enzi, Chairman of Health, Education, Labor & Pensions Committee,
Connie Garner, Democratic Policy Director for Disabilities and Special Needs Populations, Senator Edward Kennedy, Ranking Member of Health, Education, Labor & Pensions Committee,
Jay Adams, West Virginia HIV Care Coordinator, West Virginia Dept. of Health and Human Resources,
M. Beth Scalco, Director, HIV/AIDS Program, Louisiana Office of Public Health,
Dwayne Haught, Manager, Texas HIV Medication Program, Texas Department of State Health Services,
Murray Penner, Deputy Executive Director of Domestic Programs, NASTAD; and
Arnold Doyle, Director, Public Policy, Roche Pharmaceuticals

Jen Kates, the Vice President and Director for HIV Policy of the Kaiser Family Foundation moderated the discussion. Ms. Kates developed three main topics of conversation including how ADAPs reacted to the Hurricane Katrina disaster in August of last year, how ADAPs are reacting to changes in Medicare Part D and how ADAPs are faring in the ongoing reauthorization.

Ms. Scalco stated that Hurricane Katrina demonstrated that there is not really a good backup plan for ADAP programs. There was not a single place in the federal government or other states that she could turn to as her agency tried to recover and to ensure continuous services for her clients. In addition she noted that the lack of ADAP portability was a very serious problem in the long run. Mr. Haught noted that his agency is still enrolling clients from New Orleans, more than six months after the hurricane struck. He said a major issue that arose is that ADAP clients often did not know what medications they were taking and that they did not know where their medications were coming from. Many of the clients stated that they received medications from “Charity” when in fact they were receiving medications from Charity Hospital through the ADAP program. Additionally he said that clients were overwhelmed by their needs (including a need for transportation) which created some barriers to receiving help.

Mr. Adams responded to the question regarding Medicare Part D. He said that, as a low incidence state, West Virginia often experienced changes to the ADAP program including the creation of Medicare Part D as “a jolt.” The change to the way the system reacted was complex and that clients really had only one issue in mind, which was how to get their drugs. He said that West Virginia had decided to help patients pay for the coverage gap between $2,250 and $5,100 which requires patients to pay 100% of costs (also known as the doughnut hole). Unfortunately State ADAP funds are not counted towards completion of these costs. Therefore he said it is “quite discouraging” that many ADAP patients had already reached their limit and that the state ADAP was now facing payment of costs through the end of the year.

Ms. Christrup and Ms. Garner responded to questions about the state of ADAP within the RWCA reauthorization process. Both said that the Senate Health, Education, Labor and Pensions (HELP) committee and Energy and Commerce Committee were continuing to work together on reauthorization along bicameral and bipartisan lines. Ms. Christrup said that ensuring access to services was a particular issue within the committees’ negotiations and that there was a need to make services equitable “for all Americans.” She said that the committee recognized that there was a need to avoid undermining HIV services infrastructure that was already in place, but that there was also a need to build new infrastructure where the epidemic is developing. “We are still in the throes of figuring out the basics,” she said. Ms. Garner discussed the relationship between ADAP, Medicaid and Medicare and said that there was a need to look at the system of providing medications as a whole. “Do we really need to create an entirely new structure?” she asked, “or should we reconfigure what we have?” One particular issue is that every change contemplated by the committee creates a “domino effect” and that consequently it was important to ensure that whatever emerges from the committee was well thought out. Ms. Garner closed by saying, “We don’t want a bill to come out, that isn’t right.”

The discussion between Ms. Garner and Ms. Christrup is particularly interesting. Ms. Garner’s strong statement about ensuring the importance of getting a bill “right” caused some HIV advocates to wonder if this meant that a bill would be delayed. After checking in with Hill staffers, AIDS Action’s staff has heard that it is still widely believed that a reauthorization bill continues to be doable and that there are hopes for introduction of a bill by June. Additionally, there continues to be strong support for the bipartisan, bicameral process which would enable any legislation produced to be voted on by both the House and Senate relatively quickly after introduction.

During the question and answer session, Bill McColl, AIDS Action’s Political Director noted that the release of the annual ADAP report from 2004 had been the trigger for creating AIDS Action’s ADAP proposal for the CARE Act, which focused on portability. “Didn’t Katrina show that portability continues to be the major issue for ADAP?” he asked. Ms. Scalco that she agreed that portability was important, however, she was concerned that creating minimum eligibility and a baseline formulary would create problems at the state level including the possibility that states exceeding the recommended eligibility and formulary requirements would lower their standards. After the presentation, Mr. McColl spoke briefly with another panelist who said that the idea of creating portability would make sense because standardizing care would help states to raising their eligibility and formulary levels.

The report can be found in these two places:
http://www.kff.org/hivaids/hiv033006pkg.cfm
http://www.nastad.org/ADAP/ADAP_2006_Annual_Report_v4.pdf

A webcast of the forum is available at:
http://www.kaisernetwork.org/health_cast/hcast_index.cfm?display=detail&hc=1686


Announcements
1. NAPWA To Hold AIDSWatch 2006 from May 8 - 10

The National Association of People With AIDS (NAPWA) will hold AIDSWatch, its annual DC-based advocacy event, from Monday, May 8 to Wednesday, May 10. Each year, NAPWA invites people living with HIV to Washington, DC, where they first participate in advocacy training sessions and then take their stories, new skills, and updated materials to Capitol Hill. While on Capitol Hill, participants meet with Members of Congress and their staffs to urge them to strengthen essential health care programs—like the Ryan White CARE Act, Housing Opportunities for Persons with AIDS, and Medicaid/Medicare—through increases in funding and improvements in legislation.

This year, AIDSWatch will also assist individuals unable to travel to Washington, DC with the scheduling of meetings closer to home, in the district offices of their Members of Congress.

Interested parties may learn more about this year’s AIDSWatch by linking to http://www.napwa.org/aidswatch.html and may register for AIDSWatch at http://www.napwa.org/register_online.html.

Individuals who have questions, cannot register online, or wish to talk their plans over may contact High Noon Communications, toll-free, at 1-866-243-7282 or by sending an email to becky@highnooncommunications.com.


The AIDS Action Weekly Update
The Weekly Update is written with a mind toward the interests of our members. If you are interested in membership with AIDS Action, we invite you to contact members@aidsaction.org.

AIDS Action works to end the HIV epidemic by advancing public policies that prevent new infections, provide care for people living with HIV, and support the search for a cure. AIDS Action serves as the national voice for people living with HIV and represents AIDS service organizations, health departments, and a diverse network of community-based organizations across the country.

 
 

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