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Mississippi Health Advocacy Plan (MHAP) Article
- By David Baria
- Published 05/19/2009
Mississippi Health Advocacy Program
Barbour Cries medicaid wolf
Barbour and Nunnelee Manufacture Medicaid Budget Deficit
JACKSON, Miss- Governor Haley Barbour and Senator Alan Nunnelee's attempt to cut Mississippi's Medicaid budget by $60 million continues a pattern of weakening our State's safety net. From removing 65,000 elderly and disabled beneficiaries from the Medicaid rolls in 2004, to now threatening access to healthcare for 600,000 beneficiaries, Governor Barbour has been consistent in his lack of concern for our most vulnerable populations.
The protracted debate over the budget also puts at risk the existence of Mississippi's Medicaid program. The state's health care safety net will expire June 30th if it is not reauthorized by the Legislature. Failure to extend the program would threaten the healthcare of hundreds of thousands of Mississippians and the solvency of rural hospitals.
Currently, Senate and House negotiators are meeting to put together a state budget for the fiscal year that begins July 1. Barbour, in concert with Nunnelee, is attempting to manufacture a $60 million budget hole by holding back the money from this year's Medicaid budget.
The $60 million is a part of funds provided through the American Recovery & Reinvestment Act (Federal Stimulus) passed and signed into law by the Federal government in February 2009. The Federal Stimulus provided Mississippi with $750 million to fund the Medicaid program during these worsening economic times.
Barbour is attempting to forgo spending those federal dollars for Medicaid in his quest to cut health care for children and the elderly. Legislators have questioned the legality of the Governor's plan noting that stimulus dollars were designed to be spent immediately to foster the economy and to provide a safety net to those hurt in this recession.
Nunnelee, the senate's lead negotiator on the budget, is pushing Barbour's plan to create a deficit although he acknowledges it would lead to the layoffs of "thousands of state workers, including highway patrolmen and Health Department nurses.
"Although the money is there to fund Medicaid, the Governor would rather create a deficit that would lead to Medicaid cuts and hurt access to health care for working Mississippians struggling in this recession," said Roy Mitchell, Program Director of the Mississippi Health Advocacy Program.
Contact: Jarvis Dortch
601-353-0845
Mississippi Legislature Set To Reconvene
- By David Baria
- Published 05/4/2009
The Mississippi Legislature is set to reconvene on Wednesday, May 6, 2009 at 2 p.m. to conclude the 2009 Regular Session. The budget must be finalized and we should have better information about the federal stimulus package so that this can be accomplished in short order. The House and Senate conferees on the cigarette tax bill have reached an agreement to raise the tax on a pack of cigarettes by $.50/pack. This will bring the total tax to $.68/pack. This controversial legislation will now have to pass on the House and Senate floors.
There is also talk of Governor Barbour proposing a new eminent domain bill. The rumour around the Capitol is that the governor's staff is seeking a consensus among the interested parties so that the legislation will pass without a fight. If the proposed legislation ends the practice of governmental taking of private property for private use I will vote for it. However, I intend to continue to ask for an exception for those extraordinary projects like the Toyota plant that create thousands of jobs and come along only once in a decade or so.
Stay tuned for updates as the session continues.
Bay Area Soccer Success
- By David Baria
- Published 04/27/2009
Instead of my usual report on legislative matters, this week's column is dedicated to the young men and women of the Bay/Waveland Area Youth Soccer (“BAYS”) league who performed so well in the recent District Tournament held in Hattiesburg during the weekend of April 18, 2009. Because of the outstanding performance of its athletes, BAYS will be sending a remarkable six teams to the State Tournament in Jackson.
The District soccer tournament is a large gathering of soccer families from Hattiesburg and points south in lower Mississippi who compete for the honor of representing South Mississippi in the State Tournament in Brandon during the first weekend in May. There are hundreds of teams competing in 9 Divisions for the opportunity to represent the Southern District at the State Tournament. This year the BAYS league sent teams to compete in only 6 of 9 Divisions: Under 10 Boys, Under 10 Girls, Under 12 Boys, Under 12 Girls, Under 14 Boys and Under 14 Girls. (BAYS did not field teams to compete in the U16 Boys or Girls nor the U19 Boys Divisions.)
The BAYS teams performed admirably capturing the first place, overall title in three Divisions: U10 Boys, U14 Girls and U14 Boys. In addition to these first-place finishes, three other BAYS teams placed high enough--the U10 Boys and the U12 Girls (2 teams)--to earn a trip to the State Tournament. This is a truly remarkable feat in light of the fact that there are only 26 teams out of more than a hundred that will advance from the Southern District Tournament to the State Tournament. Six of those 26 will be from the BAYS league. Considering that no BAYS teams were entered in three Divisions, the results are even more astounding.
It is certainly arguable that Katrina hit the Bay/Waveland community harder than any other area of the Gulf Coast. Clearly, our communities and our soccer facilities have still not recovered nearly 4 years later. The BAYS soccer league also has far fewer children than prior to Katrina. We might even be the smallest community in the Southern District to have participated in the Hattiesburg tournament. Nevertheless, we were able to compete and to excel against teams from Hattiesburg, Gulfport, Biloxi, Pascagoula, East Central and other areas with many more soccer participants and far superior facilities. We should be very proud of the children, their families and the coaches who will represent us in the State Tournament during the weekend of May 2, 2009. They deserve nothing less than our appreciation for the outstanding effort they have put forth to reach the pinnacle of recreational soccer in this state. I hope you will join me in wishing them all well.
Report From the Mississippi Senate
- By David Baria
- Published 04/16/2009
The 2009 regular session of the Mississippi Legislature will continue on May 4th or June 1st. In the meantime, it is rumored that the cigarette tax conferees are attempting to work out an agreement to raise Mississippi’s tax on cigarettes. Of course, this tax increase is a critical component of the budget and will be tied to any hospital assessment (also referred to as the hospital “bed tax”). One thing seems certain at this point; there will be an increase in the cigarette tax and there will be a hospital assessment as Governor Barbour, Lt. Governor Bryant and Speaker Billy McCoy are all in favor of both measures.
There has been a lot of discussion in the press lately surrounding the cost of car tags. The Tax Commission recently released its estimates of tax collections dedicated to the car tag fund and they are underwhelming to say the least. Do not be mistaken, if money is not added to this fund in the budget process, the price of your car tag will increase dramatically. The plan appears to be to take a portion of the revenue derived from the cigarette tax increase and deposit it into the car tag fund. Personally, I favor adding the amount necessary to keep the price of car tags at or near current levels. The price of a car tag is, in effect, a tax that affects the working poor disproportionately and I believe that we do not need to add to their burden.
Ironically, Lt. Governor Bryant recently participated in one of Fox News Channel’s “Tea Parties” at the Mississippi Capitol where the speakers denounced the Obama stimulus package as wasteful and unneeded. While there can be disagreement about whether the stimulus package, a cigarette tax increase, or hospital bed taxes are good ideas, there can be no argument as to the benefits all of them will bring to Mississippi. The stimulus package will provide the State of Mississippi with millions of dollars for projects that will create jobs and improve infrastructure, and will also provide tax cuts of up to $800 for working Mississippians. The package will also provide the following specific benefits to the State of Mississippi:
· 55,100 additional children will be provided health insurance.
· 997,000 workers will receive a tax credit on their paychecks.
· 30,000 jobs created over the next two years.
· 63,000 students aided by making the American Opportunity Tax Credit refundable.
· Allow for full funding of public schools.
· $180,000,000.00 for Mississippi’s Medicaid program.
· Increase weekly unemployment benefits.
Likewise, the cigarette tax increase will serve to reduce the price of car tags and the hospital assessment will help keep the Medicaid program in operation. Due to the aforementioned direct benefits to Mississippians, it might be wise to wait and see if the “investment” of the stimulus package pays dividends to our nation in the long-term before being too critical of it. Also, if the choice is between everyone paying twice as much for car tags or smokers paying twice as much for cigarettes, I will have to opt for increasing the cigarette tax.
Finally, FEMA is reminding everyone that the temporary housing program for families who were victims of Hurricanes Katrina and Rita ends on May 1, 2009. Occupants have begun receiving notifications informing them that they must vacate their housing units by May 1, 2009. In preparation for the end of this program, I have been meeting with Mike Womack, Director of MEMA, Gerald Blessey, Coast Housing Czar, and the Gulf Coast legislative delegation. I can assure you that everyone understands the issues involved and are working together to try to ensure that no one is evicted without a place to live. Nevertheless, should you have a FEMA/MEMA housing issue do not hesitate to contact me.
I continue to be very proud to serve as your state senator. If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.
Commercial Appeal Article on the Unceremonious Break in Cigarette Tax Discussions
- By David Baria
- Published 04/2/2009
Mississippi budget talks to go on in recess
No agreement yet on cigarette tax increase
JACKSON -- The House and Senate adjourned around noon Wednesday without reaching deals on raising Mississippi's cigarette tax and funding its Medicaid program but vowed to return in May or June to work out a new state budget.
Talks between House and Senate conference committees will continue during the recess in an attempt to settle the issues so legislators can vote quickly on them when they return.
Their return date of May 4 or June 4 depends on how much information legislators can obtain from federal officials -- and how quickly they can absorb it -- over the state's estimated $2.3 billion share of President Obama's $787 billion economic stimulus plan.
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lawmakers have said Government Accountability Office workers have been in Jackson explaining the rules that accompany the federal funds, but they don't yet know enough to merge the stimulus money into a 2010 state budget that begins July 1.
"You will decide when we leave," Speaker Billy McCoy, D-Rienzi, told House members at mid-morning.
"Major measures are unsolved, but there comes a time to leave."
Determining how much to raise the cigarette tax, which at 18 cents is the third-lowest in the nation, appears to be the most contentious matter.
Progress in negotiations among the six conferees -- three from each house -- has been slow.
The House has approved raising the cigarette tax to $1 a pack, and the Senate approved a 49-cents-a-pack increase.
A week ago, the talks stalled with the House holding out for raising the tax to 80 cents a pack and the Senate offering 60 cents.
On Wednesday, the talks bogged down with the two houses apart by 11 cents per pack.
"We reached an impasse, at least for the moment, and we decided it would be best for us to go on and recess the session today and, I guess, negotiate in the interim. We'll return back here and try to reach a compromise," said House Ways and Means Committee chairman Percy Watson, D-Hattiesburg, who heads the House negotiators.
"We're still basically at 64 cents for the Senate and 75 cents for the House."
Legislative leaders say that raising the cigarette tax is the best way to replenish the fund that keeps Mississippi car tag costs from rising. That fund, which is already more than $7 million in the red, will need $25 million by the June 30 end of the 2009 fiscal year.
That shortfall will continue to rise until unless money is taken from the state's rainy day fund or taxes are raised, and raising the cigarette tax is the preferred option. Failing to reach agreement by Tuesday is pushing that deficit further into the red because nothing has been done to fix it.
"It is unfortunate the conferees could not agree on this very important issue. I had hoped to use the revenue from a reasonable increase in the cigarette tax to offset the nearly doubling of the price in car tags," Lt. Gov. Phil Bryant said in a statement issued after the session ended.
"In these tough economic times, Mississippi families should not have to bear the burden of higher car tags. Because this recess will not halt the negotiation process, the Senate conferees will continue to work with the House toward a reasonable solution."
Lawmakers also failed to agree on how much to raise hospital taxes to help pay for Medicaid, the health care program that serves around 600,000 Mississippians.
Legislation that would raise hospital taxes to help pay for Medicaid died when the House adjourned Wednesday.
Another version of a tax increase could be approved when legislators return from their recess.
Legislature Approves Artificial Reef Bill
- By David Baria
- Published 04/2/2009
A single crack weakens the strongest law
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closeThe great strength at the core of the U.S. Constitution is the principle that all laws apply equally to all people. Exceptions to the law almost always create unfairness and loopholes for abuse, eventually resulting in disrepect for the law itself.
When it comes to openness in government, Mississippi has too often made exceptions, allowing public meetings to be closed and public records to be sealed for enough reasons that secretive public officials can usually figure a way to keep the public locked out. That secrecy breeds mistrust on the outside and corruption on the inside. No one benefits.
So, it was a ray of sunshine last week when a legislative conference committee rejected a proposal to keep the location of privately built fishing reefs in public waters secret to the public. It may seem a small thing, to be sure, but the smallest crack can lead to the crumbling of the strongest law. Every exception emboldens another special-interest group to as for an exemption. And the secrecy grows.
The editorial above represents the views of the Sun Herald editorial board: President-Publisher Ricky R. Mathews, Vice President and Executive Editor Stan Tiner, Vice President and Chief Financial Officer Flora S. Point, Opinion Page Editor Marie Harris and Associate Editor Tony Biffle.
Article on Congressman Taylor's Efforts to Regulate the Insurance Industry
- By David Baria
- Published 03/23/2009
Senate Report 3-23-09
- By David Baria
- Published 03/22/2009
The 2009 regular session of the Mississippi Legislature is winding down with a great deal uncertainty remaining regarding the state budget. Since we adopted the budget for the current fiscal year (July 1, 2008 thru June 30, 2009) our projected revenue collections have gone down by $300 million. The preliminary budget numbers for the fiscal year that will begin on July 1, 2009, are even worse: $62 million below the current year.
The Governor and state agency directors continue to work out the specifics of the federal stimulus package. Until we know how much federal money is available and what requirements are attached to these funds, it is very difficult to finalize the budget. In fact, there has been an open discussion around the Capitol as to whether the legislature should suspend the session, take a month to determine more specifically how the stimulus funds will affect the budget, and then return to complete the budget and the 2009 regular session. It now appears likely that this will occur.
Despite the difficulties in preparing the budget, in the last several weeks we have been able to pass legislation which warrants discussing here. I am proud to announce that the legislature passed House Bill 1677 that will fully fund the Mississippi Adequate Education Program. The bill increases from $6 million to $13 million the amount of money provided to teachers for classroom supplies, despite overall revenue collections being $300 million lower than our 2008 estimates. A Senate amendment to House Bill 1722 would provide bond money for $20 million in repairs, renovations and completion of existing projects at our major colleges and universities. It also authorized $6 million for our junior and community colleges, of which $2 million will be used to pay for a portion of a new headquarters building for the State Board for Community and Junior Colleges. House Bill 1722 will also provide money for upgrades at other valuable facilities like the Ohr-O’Keefe Museum of Art in Biloxi, the Jackson Zoo and the Mississippi Museum of Art.
Of particular significance to the Mississippi Coast is the passage of House Bill 1697. That bill provides an additional $20 million to the Mississippi Insurance Department for the purpose of allowing the wind pool to purchase additional reinsurance. The purchase of additional reinsurance should have the effect of lowering premiums for wind coverage, or at least prevent them from rising along the Gulf Coast. Securing this funding was not an easy task and I want to thank legislators from all over the state for recognizing the insurance problems we continue to face in the counties along the Coast.
Finally, I am pleased that the Governor signed into law the tourism incentive bill that will allow casinos the same tax advantage that other Mississippi businesses have enjoyed for years. Hopefully, the act will result in new tourist attractions like water parks, golf courses and even new hotels. Also, Senate Bill 2709 requiring DNA evidence to be collected in felony criminal cases, including rapes and homicides, was signed into law. This law will give police and prosecutors greater latitude in solving crimes and will help build a future database that should speed investigations to resolution.
Editorial on the Death of Voter ID
- By David Baria
- Published 03/10/2009
Here is an editorial from Sid Salter of the Clarion-Ledger concerning the death of Voter ID at the hands of some Republican Senators.http://www.clarionledger.com/article/20090308/COL0412/903080317/1171/OPINION
Weekly Senate Report 3-6-09
- By David Baria
- Published 03/6/2009
The most important task facing the Legislature in the final month of the session is shaping our state budget in light of newly available federal stimulus funds. The Governor and legislative staff are working constantly to determine the specifics of the American Recovery and Reinvestment Act and how the money can be used in this year’s budget. At this time, it appears that Mississippi will receive money from the stimulus package to replace cuts to existing programs (such as education), to reduce state matching funds for federal programs (such as Medicaid), and to begin one-time projects (such as road construction).
According to the Legislative Budget Office, there are two significant parts of this massive package that will provide immediate help with expenses usually paid by state government. The first portion dedicates $392 million for elementary, secondary, post-secondary education in budget years 2009, 2010, and 2011. In addition, the package provides $87 million for public safety and other government services, which may include education modernization and construction. The second major part of the stimulus package reduces the state’s portion of the cost of Medicaid. Finding state funding for Medicaid has been a major challenge for the Legislature in recent years.
It is difficult to overstate the challenge of grasping the full scope and specifics of the stimulus package, especially in the short amount time remaining in the legislative session. Unlike the U.S. Congress, we do not meet all year. All of us hope we can get the information we need so that we can finalize a budget by the time the Legislature is scheduled to complete its session on April 4.
I am pleased to report that several measures designed to benefit our Mississippi National Guard and Reserve have passed the Senate. These bills:
1. Expand access to health care through the existing TRICARE health insurance program that covers Guard and other military personnel and their families.
2. Clarify the tax exemption extended to all Guard, Reserve, and active duty military personnel. This bill is headed to the Governor for his signature.
3. Remove the leave penalty for state employees serving in the Guard if they are called to serve in a time of emergency.
However, I was disappointed to see two high-profile bills die this past week. Legislation to increase the homestead exemption for senior citizens (from $75,000 to $100,000) did not make it out of committee in the House of Representatives. I have spoken with a co-author of this bill who informs me that he will be looking for ways to resurrect this issue in the current session. I intend to support his efforts to do so. Many of our senior citizens need relief as the mandated property reassessment process has resulted in dramatically higher taxes.
In a surprise move, the Voter ID bill (Senate Bill 2548) was killed by Republican Senators in the Senate Elections Committee this week. The bill also would have allowed early voting, which is now available in most states. Legislators and others around the Capitol were astonished that the bill was killed and were left scratching their heads as to why. This bill was probably the best hope for an acceptable compromise on this important issue.
Also this week, in a bill dealing with the state Parole Board, the Senate voted to make it more difficult for certain convicts to get out of prison on parole and to require a public hearing before the Governor may pardon convicted murderers. Under the bill, a unanimous vote by the five-member state Parole Board would be required to release anyone convicted of capital murder or a sex crime. I authored an amendment to the bill that also passed. The amendment: 1. requires notification of a pending request for a pardon; and 2. allows for a public hearing so that community concerns can be voiced. The amendment also passed the Senate.
Here is a link to a WLOX story on the bill. http://www.wlox.com/Global/story.asp?S=9953827
Finally, the Senate debated this year’s Medicaid bill yesterday. The bill as presented imposed an assessment on hospitals which was to be phased-in over a three year period. The total assessment for the three years was to be over $200 Million. I offered an amendment that would require federal stimulus money to be used each year to cover the same amount as the requested assessment. The amendment also provided that if the stimulus money is insufficient to cover those amounts, only then would the assessment become effective. The amendment passed as did the bill.
In its current form, the bill would also eliminate the face-to-face recertification requirement for Medicaid recipients who are children under the age of 16. Mississippi is now the only state in the nation requiring face-to-face recertification. Data provided to the legislature suggests that since the face-to-face requirement was instituted 82,000 recipients have been dropped from the Medicaid roles. As an estimated 50% of the Medicaid population is children, one can easily assume that because of the face-to-face requirement around 40,000 fewer Mississippi children are receiving Medicaid benefits, such as routine maintenance health care provided under the MCHIP program. Generally speaking, this patient population has no other health care alternative and tends to show up in emergency rooms as uninsured patients. The elimination of face-to-face recertification will have a positive impact on uninsured Mississippi children by getting them back into the MCHIP program where they can be cared for before their medical needs become acute.
I continue to be very proud to serve as your state senator. If I can ever be of assistance to you do not hesitate to call me at 228.270.0001.
