February 16, 2004

MHA's Monday Executive Briefing
February 16, 2004

In this week's edition...
- State News -
1. Reception set for Judge Pickering
2. Senate adopts rules to make committee meetings open
3. Clark, Hood Announce Campaign Finance Reform Measure
4. Supreme Court races
5. Gov. Barbour launches Web site
6. White wins re-election in Senate 29
7. Bill exempts mental health in state hiring freeze
8. Summers-O’Neal Calls on Opponent to Remove False Endorsements
- National News -
9. New Legislation Would Deliver Malpractice Damages Relief To OB/GYNs
10. New Poll Predicts Continued Legislative Activity on Staffing Ratios
11. Frist introduces bill targeting health disparities
12. Elite views on the future of the healthcare system
13. Moratorium on LTC hospitals proposed
14. 2nd annual survey on health care retirement plan trends underway
15. AONE adopts policy statements on key nursing issues
16. Physician coalition aiming liability reform campaign at U.S. Senate

- State News -

1. Reception set for Judge Pickering
   In recognition of Judge Charles W. Pickering's recent appointment as federal judge to the 5th U. S. Circuit Court of Appeals, the public is invited to attend a reception in honor of Judge and Mrs. Pickering on Monday, Feb. 23, from 4-6 p.m.at the T. Terrell Tisdale Library on the campus of JonesCountyJunior College.
   Co-sponsoring the reception are the JCJC Foundation Board of Directors and the Economic Development Authority of Jones County. Pickeringis scheduled to speak at the reception. Also on the agenda are Whitehead and Sen. Trent Lott, R-MS. For more information on this event, contact the JCJC Foundation Office at 601-477-4145.

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2. Senate adopts rules to make committee meetings open
   The Mississippi Senate on Friday adopted rules to open legislative conference committees to the public, including appropriations committees closed under a previous rule. The Senate voted 47-3 for the joint rules. The House previously adopted a different version; the two houses will have to work out a compromise.
   The Senate on Friday amended the rules to allow communication between a conferee and a person who is not a legislator to occur inside the conference room. The House version says such discussions would occur outside the room. Sen. David Jordan, D-Greenwood, suggested limiting a person's comments to three minutes. Senate President Pro Tempore Travis Little, R-Corinth, said that would contradict the rule's intent. Conferences for general bills have been open in Mississippisince 2001, but appropriations conferences remain closed because some lawmakers say opening them would complicate their work.

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3. Clark, Hood Announce Campaign Finance Reform Measure
   Secretary of State Eric Clark and Attorney General Jim Hood have announced a joint effort to improve Mississippi's campaign finance disclosure laws and close loopholes that have been exploited in recent elections.
   The legislation will be sponsored by the Chairman and Vice-Chairman of the Senate Elections Committee, Senators Robert Chamberlin (DeSoto County) and David Jordan (Holmes, Leflore, and Tallahatchie Counties) and the Chairman and Vice-Chairman of the House Apportionment and Elections Committee Representatives, Tommy Reynolds (Lafayette, Tallahatchie, and Yalobusha Counties) and Ferr Smith (Attala, Leake, Madison, and Yazoo Counties).
   The U.S. Supreme Court's recent approval of the new federal "McCain-Feingold" law opened the door for Mississippito require disclosure of funding for previously unreported attack ads by out of state interest groups, Clark said at a State Capitol news conference. The federal law, passed by a bipartisan group of Senators and Congressmen and signed by President Bush, allows for tighter regulation of so-called "soft money" ads that have exploded in recent years. The state legislation drafted by the Secretary of State and Attorney General's offices follows closely the provisions already approved by the U.S. Supreme Court for federal elections.
   The bill would make three major changes to existing law:
1. Disclose money spent for "electioneering communication" in "soft money" ads before an election. The new federal law defining "electioneering communication" would be extended to include all state candidates and would include any money spent on television commercials naming a candidate in the days prior to an election.
   Previous lower court rulings have allowed advertising that avoids "magic words" such as "vote for, elect, or defeat" to be exempt from campaign disclosure laws. Many of these "soft money" ads are attack ads bought by special interest groups seeking to support or oppose a particular candidate.
   According to the U.S. Supreme Court in the McCain-Feingold decision: "The spending on electioneering communications climbed dramatically during the past decade. In the 1996 election cycle, $135 to $150 million was spent on multiple broadcasts of about 100 ads. ... By the 2000 election, 130 groups spent over an estimated $500 million on more than 1,100 different ads." The Court continued: "The ads were attractive to organizations and candidates precisely because they were beyond [the Federal Election Commission]'s reach, enabling candidates and their parties to work closely with friendly interest groups to sponsor so-called issue ads when the candidates themselves were running out of money."
2. Requires electronic reporting of all donations and expenditures by all state candidates raising more than $50,000 in a calendar year.
  "Electronic filing of campaign finance reports will greatly improve the public's ability to learn about donors to major campaigns," Clarksaid. "Some campaign finance reports can be more than 400 pages. This change would make information even more accessible." With electronic reporting, citizens could use a searchable database to analyze individual donors to state campaigns. The change would take effect in 2007, the next statewide election year.
3. Expands candidate reporting for loans. The new law would require disclosure of any individual making a loan or extending credit to a candidate. The law would include all creditors, cosigners, guarantors, assignees, or other parties to the loan; how the money was used; and all details concerning repayment.
   Clark and Hood announced that they would work closely with legislative leaders to see the bill passed in the 2004 session. All campaign finance reports will continue to be filed with the Secretary of State's Office, which makes the reports accessible to the public via the Internet. The Attorney General's Office is responsible for investigation and prosecution of any campaign finance laws.
  For more information on the McCain-Feingold law, see www.commoncause.org and www.opensecrets.org.

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4. Supreme Court races
Northern District Position 4 -  George Carlson
   Incumbent Justice George Carlson of Batesville was appointed by Governor Ronnie Musgrove in 2001 to fill a vacancy left by Justice Mike Mills when Mills was tapped for a federal judgeship in Oxford. Carlson is generally liked by the business community and has yet to draw an opponent. 
Central District Position 2 -  James Grave, Jr. (I), Ceola James, Samac Richardson, Bill Skinner
   Incumbent Justice James Graves of Jackson, the only African-American on the state’s high court, is considered to be aligned with the state’s plaintiffs’ attorneys. Like Carlson, Graves was appointed to the Court in 2001 by Governor Ronnie Musgrove. Along with Graves, the race has drawn former Chancellor Ceola James of WarrenCounty, current Circuit Judge Samac Richardson of Rankin  County, and current Justice Court Judge Bill Skinner of Hinds  County. Graves is viewed as the most vulnerable Justice running for re-election this year. Consequently, the field of four candidates could expand before the qualifying deadline.
Central District Position 1 - William L. (Bill) Waller III (I)
   Incumbent Bill Waller, Jr. of Jacksonis viewed favorably by the business community and roundly disliked by the plaintiffs’ bar. 
Southern District Position 3 -  Joe Lee, David Ishee
   Chief Justice Ed Pittman is retiring, but it's not known whether that will take place prior to the May 9th qualifying deadline or at the end of the term in January 2005. If Pittman resigns early, Gov. Haley Barbour would appoint a judge to the Supreme Court.

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5. Gov. Barbour launches Web site
   Governor Haley Barbour’s official Web site has been launched and it includes many features never before seen on a Mississippi Governor’s website. For starters, the website name is new,    www.GovernorBarbour.com , and is much easier to remember than the former gubernatorial web address, www.governor.state.ms.us, which now automatically forwards to the new address. The Web site features up-to-date press releases, photos, staff list, speeches (including the Governor’s recent State of the State Address and his Inaugural Address), and online scheduling request forms for the Governor and First Lady. The Web site’s homepage also includes an e-mail sign-up for people to receive regular e-mail updates from the Governor’s office.

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6. White wins re-election in Senate 29
   State Senator Richard White easily won re-election in the final round of the controversial Senate District 29 race. With all precincts reporting, White had tallied over 2,000 more votes than his opponent, Jacksonattorney DeWayne Thomas. The spread gave White an impressive 59 percent of the vote in the Senate ordered special election.
   White leaned heavily on the organizational abilities of the Mississippi Republican Party during his re-election efforts. Thomas banked heavily on a wholesale, mass media-driven campaign. In the final week of the campaign, he spent over $40,000 on television and radio advertising. Though he and his wife did campaign door-to-door, he didn’t mobilize the grassroots organization that White was able to muster.
   White put most of his resources on the ground mobilizing an army of about 125 volunteers to get-out-the-vote in precincts favorable to him in November. What little money White spent on paid media was used for about $5,000 on radio ads. The ads, featuring Governor Haley Barbour, were targeted to conservative talk radio listeners.

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7. Bill exempts mental health in state hiring freeze
   The Mississippi Department of Mental Health would be exempted from a temporary hiring freeze, based on an amended bill the state House passed last Monday. House Bill 805 originally passed the 122-member chamber to include a freeze on new equipment purchases, too. The temporary freeze is expected to save the state $8 million to $14 million through June 30, the end of the current fiscal year. The bill was amended at the request of Rep. Bobby Moody, D-Louisville. The bill now heads to the Senate.
   Moody said his amendment could immediately affect the hiring of up to 25 mental health workers, including nurses and pharmacists. The positions are critical for the agency and the jobs are "very stressful,'' he said. The mental health department operates 12 facilities in Mississippiand employs 8,800 people. The department has openings for psychologists, speech pathologists and other direct-care workers.
   Moody's amendment "strengthens the bill,'' House Appropriations Committee Chairman Johnny Stringer, D-Montrose told the chamber during brief debate. Afterwards, Moody said he should have pressed for another agency exemption for the University of Mississippi Medical Center.
   The bill provides flexibility for agency heads to make requests to the state fiscal officer to lift the freeze on hiring and purchases due to emergencies. With Mississippifacing a budget shortfall of $709 million this fiscal year, Sen. Dean Kirby, R-Pearl, said he expects the House bill will probably pass in the 52-member chamber since it includes flexibility for agencies.
   In his budget plan dubbed "Operation Streamline,'' Gov. Haley Barbour is urging lawmakers to approve his plans to cut the deficit in half this year and wipe out remaining debts next year.

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8. Summers-O’Neal Calls on Opponent to Remove False Endorsements
   Stephanie Summers-O’Neal, Republican candidate U.S. Congress, MS-2, recently called upon opponent Clinton B. LeSueur to remove past endorsements. In campaign materials listing 2002 endorsements, LeSueur refers to Haley Barbour as Governor Haley Barbour and even uses a Haley Barbour for Governor logo, insinuating Governor Barbour is currently endorsing LeSueur’s efforts in the 2004 for race.
  Summers-O’Neal says his 2002 endorsements are no longer valid and can be misleading to voters in the Second District. “We must not only be fair to the individuals who previously endorsed LeSueur, but to the candidates in this race as well,” she said.
   Summers-O’Neal served on the Statewide Steering Committee for Haley Barbour for Governor and was Chairman of the Hinds County Leadership for the Haley Barbour for Governor campaign. She also served as Co-Chairman of the Haley Barbour Inaugural Committee and a member of the Executive Committee for the Transition Team for Governor-Elect Barbour.
   She is an African-American and a Republican and will face two opponents during the primary election on March 9, 2004. If she receives the Republican nomination, she will face 10-year incumbent Bennie G. Thompson (D) in the November 2, 2004General Election.

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- National News -

9. New Legislation Would Deliver Malpractice Damages Relief To OB/GYNs
   A bill introduced February 11 by Sens. Judd Gregg (R-NH) and John Ensign (R-NV) would cap noneconomic damages in lawsuits against gynecologists and obstetricians at $250,000. The bill (S. 2061) also provides for a limit on punitive damages awards to an amount equal to two times economic damages awarded or $250,000, whichever is greater. Senate Majority Leader Bill Frist (R-TN) predicted Senate action on the issue this year. S. 2061 is the first example of Senate Republicans' new strategy of taking a piecemeal approach to passing damages cap legislation. To read the text of the bill, go to  http://thomas.loc.gov/and search on S. 2061.

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10. New Poll Predicts Continued Legislative Activity on Staffing Ratios
   According to the results of a recent poll by the Governance Institute, more than half (52%) of hospital executives believe that their state legislature will be considering mandatory nurse staffing ratios within the next two years. Just over a quarter (26%) of those expecting such action believe that legislation mandating staffing ratios will be approved. However, more than 9 out of 10 respondents (93%) do not believe that mandated nurse-staffing ratios help recruit and retain nurses. For more information,   click here .

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11. Frist introduces bill targeting health disparities
   U.S. Senate Majority Leader Bill Frist, R-TN, and other senators introduced legislation recently aimed at reducing and eliminating health disparities for racial and ethnic minorities. The "Closing the Health Care Gap Act" would establish a health care access and grant program to provide such populations with greater access to community resources, expand the mission and latitude of the Office of Minority Health, and increase the number of minority health professionals in the U.S., among other provisions. Other sponsors of the bill include Sens. Mary Landrieu, D-LA, Thad Cochran, R-MS, and Mike DeWine, R-OH. AHA Executive Vice President Rick Pollack said AHA strongly supports the goals of the legislation, calling it "an important step in the right direction." He said the bill would "improve access to health care coverage, increase our understanding of the extent and nature of health disparities, increase cultural competency and diversity in the workforce as well as increase needed research that enables greater understanding of the challenges health care disparities present." For more on the legislation,   click here .

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12. Elite views on the future of the healthcare system
   Harris Interactive^® recently conducted a survey on the future of the U.S.healthcare system among a sample of people who planned to attend the World Health Care Congress (WHCC) in Washington D.C.on January 26 and 27, 2004. The three biggest threats to the organizations attending the Congress are perceived to be: the rate of increase of healthcare spending, the erosion of employer-provided insurance and the increasing numbers of uninsured and underinsured. The most significant opportunities are thought to be: the adoption of information technology, the evolution of employer-provided health insurance, increasing prevalence of chronic medical conditions and the rate of increase in healthcare spending. (Yes, healthcare spending is among the biggest threats and the most significant opportunities at the same time.) Read the press release from Harris Interactive   here.

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13. Moratorium on LTC hospitals proposed
   Congressman Pete Stark (D-Calif.) introduced the Long Term Care Hospital Moratorium Act (H.R. 3790) Wednesday. The bill would place a moratorium on new LTCHs while Congress studies whether they are appropriate or if changes to the LTCH prospective payment system are needed. 
   Stark's bill states that since 1993 the number of LTCHs has increased more than 275 percent, from 109 to 300 facilities. Meanwhile, Medicare spending has jumped more than 500 percent, to an anticipated $2.3 billion in 2005, during the same period. The bill would require the Secretary of Health and Human Services to submit a report to Congress before lifting the moratorium. This report would have to specify the rationale for terminating the moratorium and document evidence of:
*A clinical need for growth in the number of beds in LTCHs
*An appropriate reimbursement system
*A clinical admission policy that minimizes the acceptance of patients that can be appropriately treated in alternative, less costly post-acute settings
   This bill comes on the heels of the Centers for Medicare and Medicaid Services' proposed LTCH PPS payment update (Federal Register, Jan. 30), but before the release of MedPAC's March report to Congress. MedPAC is studying how LTCHs fit into the broader continuum of care and the needs of an aging population. Specifically, MedPAC is examining the role long-term care hospitals play in providing acute and post-acute care; how clinically similar patients are treated in areas of the country without LTCHs; and how Medicare payments and outcomes compare for patients who use LTCHs versus other settings.

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14. 2nd annual survey on health care retirement plan trends underway
   The AHA and Diversified Investment Advisors are conducting their second annual survey on health care retirement plan trends. The study, one of the first to focus on the defined contribution plan characteristics unique to health care organizations, provides benchmarking information to help plan sponsors strategically evaluate their defined contribution plans. Respondents to the survey, intended for health care human resource and benefits professionals, receive a complimentary copy of the survey report. Those who complete the survey by Feb. 20 also will be entered in a drawing for one free registration to the American Society for Healthcare Human Resources Administration's annual conference and exhibition July 25-28 in Washington. The winner will be notified in March. The survey can be completed online    here. For more information, contact AHA at (800) 242-4677, ext. 2537, or at  FSI-Benefits@aha.org.

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15. AONE adopts policy statements on key nursing issues
   The American Organization of Nurse Executives' board of directors has approved policy statements on foreign nurse recruitment, mandatory overtime and mandated staffing ratios. The policy statements can be found   here. AONE is an AHA subsidiary.

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16. Physician coalition aiming liability reform campaign at U.S. Senate
   A new coalition of more than 230,000 specialty physicians today unveiled a national media campaign targeted at U.S.senators who have opposed medical liability reform. The campaign features a 30-minute television special that will air in targeted states beginning Feb. 11, encouraging viewers to urge their senators to support federal medical liability reform legislation, as well as full page ads beginning Feb. 11 in national editions of USA Today, the Wall Street Journal and Washington Post. The campaign will target medical liability crisis states, beginning with Washingtonand North Carolinaand later South Carolina, Georgia, Florida, Illinois, Nevadaand Pennsylvania. The coalition, called Doctors for Medical Liability Reform, says astronomical medical liability premiums in these states are forcing medical offices and hospital specialty units to close, and more patients into overcrowded emergency departments. Coalition members include the AmericanCollegeof Emergency Physicians, American Association of Orthopaedic Surgeons, AmericanCollegeof Obstetricians and Gynecologists, AmericanCollegeof Cardiology, and other specialty groups. The U.S. House last year passed AHA-backed liability reform legislation, but the measure has stalled in the Senate. For more on the new coalition's campaign, visit  www.ProtectPatientsNow.org.

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