Peace Progress
A Central Virginia Newsletter from the General Assembly February 2010 |
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Here at the Capitol, the Richmond Free Press is a weekly newspaper that - as its name implies - is given out free of charge. It is available in blue metal boxes in many locations around Capitol Square. This week, its headline said it all: "Snow, snow, snow". While most of Virginia has been digging out of what has been the snowiest winter in memory, and while school kids are enjoying one of the longest unscheduled breaks in state history, the General Assembly has been passing legislation. During this week, a lot of legislation was approved, as both the House and the Senate worked toward completing consideration of bills filed by their own members before the "crossover" deadline of February 16.
MY LEGISLATION I was pleased this week to join Delegate Bob Marshall (R-Prince William) and Delegate John O'Bannon (R-Henrico) to address the manner that Virginia's General Assembly can best go about resisting health insurance initiatives currently before Congress. My introduced House Bill 722, was incorporated into House Bill 10 patroned by Del. Marshall. HB 10, by a vote of 72-26, passed the House. HB 10 will prevent the federal government from mandating that Virginians enter into a contract with an insurance company against their will, and under penalty of fines and possibly jail time if they don't comply. Similar to HB 10, HB 722 presents a declaration of rights for Virginians to elect insurance coverage by providing that a resident of the commonwealth shall not be required to obtain or maintain a policy of individual health insurance coverage. This applies regardless of whether the person is eligible for health insurance coverage under any policy or program provided by or through his employer or a plan sponsored by the commonwealth or the federal government. The measure also states that no resident shall be liable for any penalty, assessment, fee, or fine as a result of his failure to procure or obtain health insurance coverage. "Pursuant to the 10th Amendment, Congress' only duty is to serve citizens under the express powers of the US Constitution. Forcing citizens to purchase private health insurance violates the agreement between elected representatives and citizens. As Lincoln asserted in his historical Gettysburg Address, "government is "of, by and for the people." As health insurance reform is currently a kitchen table topic of discussion, I presented House Bill 726. This legislation calls for the Special Advisory Commission on Mandated Health Insurance Benefits to review mandated health insurance benefits to assess their social and financial impact and their medical efficacy. The bill requires the Commission to submit a schedule of evaluations to the standing committees having jurisdiction over health insurance matters. Virginia's insurance laws require that most health insurance plans including Managed Care Health Insurance Plans (MCHIPs), provide certain benefits, known as mandated benefits, in each and every individual or group contract they offer in Virginia. A full list of Virginia mandated benefits may be found at:
http://www.scc.virginia.gov/division/boi/webpages/boimandated.htm
Additionally, they must offer and make available to citizens, as an individual policyholder, or employers, if you have group coverage, the option to purchase certain benefits known as mandated offers of coverage. Mandates apply only to Virginia-issued contracts or policies. The number of mandated benefits required by law in Virginia placing requirements on the content of private health benefit plans has increased over the years. Mandate benefits in Virginia range from statutes that require health plans to cover services by particular types of providers (e.g., chiropractors, optometrists) or requirements to cover specific diagnostic or treatment services (e.g., mammography, inpatient hospital care following delivery). While individual mandates are often very popular since they are intended to provide specific populations with greater access to particular services, there is a cumulative price tag associated with ensuring such access. Mandating benefits can cause health insurance premiums to rise substantially. As a result, the prospect of reducing the number of mandated benefits by investigating the medical effectiveness and examining the cost-impact of mandates may prove to lower premiums for individuals and businesses. By the late 1960s, state legislatures had passed only a handful of mandated benefits; today, the Council for Affordable Health Insurance (CAHI) has identified 2,133 mandated benefits and providers and found that a state with 30-40 mandates can boost total policy costs between 20% and 45%. "Mandates increase the cost of healthcare, making it less affordable; Virginia ranks 3rd in the nation in the number of mandated benefits. Small business owners want to and do offer healthcare plans that cover a wide variety of benefits. Providing these types of benefits is important to the productivity of our members and their employees," states Julia Hammond, State Director for the National Federation of Independent Business. OPPORTUNITY TO LEARN There are a few exceptions to the rule where the House must complete its action on bills introduced by delegates by the February 16 crossover deadline. The most prominent one of these exceptions is the budget, which will not be approved by the House until February 25. Another exception is bills introduced by the Governor. Under the Constitution of Virginia, the Governor has the ability to send bills to the General Assembly for consideration whenever we're in session. This week, Governor McDonnell did just that, and on an issue that has become prominent nationally and in Virginia: Improving Education. Governor McDonnell's "Opportunity to Learn" legislative package was introduced this week with broad bipartisan support. I was honored to join Former Governor Wilder, Governor McDonnell and legislators of both parties to announce the initiative.
The package includes three bills. The first bill would help to streamline the process of approval for charter schools, which have flourished nationally. But while there are more than 4,600 charter schools nationally, Virginia only has three. This bill would help to remedy that discrepancy. It will also aid the Commonwealth in accessing available federal funding for these innovative schools. The second bill would promote the development of virtual schools in Virginia. Under this innovative approach to education, students use technology to learn full-time through a distance learning environment outside of the traditional classroom. It has been demonstrated to be especially effective for those students who have struggled in a traditional classroom setting. Governor McDonnell asked me to patron the third bill which would promote cooperation between higher education and K-12 systems, through the creation of College Partnership Lab Schools. These schools would serve to draw upon the resources of higher education to improve the learning experience of K-12 students. The idea is to provide greater flexibility while encouraging innovation - without the constraints of the traditional public schools. Considering our current challenges with the budget, applying innovative and non-traditional approaches to improving education is a great way to both improve the achievement levels of our students and to get the most value for taxpayers. VISITORS Fewer faces from home braved inclement weather to visit the General Assembly this week. The ones that did took the time to stop by our offices on the 5th Floor of the General Assembly Building to say "hi". We were very happy to see Lin Diacont of Mechanicsville, Pastor Melvin Adams of Grace Bible Church in King William, a student group from Radford University, and a number of Board of Supervisor members were around the building on Thursday as it was local government day at the Capitol. Next week, I'll update you on the latest news from the Capitol. If there's something you've been hearing about that interests you, please consider dropping us an email at Delcpeace@house.virginia.gov The General Assembly is scheduled to adjourn on March 13, so we've now passed the halfway point of the current session. That means there are just four more installments of this column to come. Look for another column in this place next week.
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