Senator Creigh Deeds

Proudly Serving the People of Virginia's 25th District

Session Newsletter (Feb. 25, 2014)

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Nearing Sine Die

The 2014 session of the General Assembly is rapidly moving toward the scheduled adjournment on March 8. Both houses passed competing budgets this past week and bills are headed to conference.

On Thursday the House and the Senate passed out their respective versions of the biennial budget. As with all legislation, the budget bills must be approved by the other chamber. Every year, the House and Senate insist on their amendments and send the budget to a committee of conference. The General Assembly is expected to finalize the budget for fiscal years 2014-2016 before the scheduled adjournment, but the deliberations may stall this year over Medicaid.

Medicaid Expansion

At least twice this session I have used this space to talk about Medicaid expansion and about the Senate’s approach, Marketplace Virginia. A couple of things need to be clear whether or not we expand Medicaid in Virginia. First, individuals and Virginia businesses will pay additional taxes to the federal government. Second, Virginia hospitals will experience reduced Medicare payments from the federal government and must continue to provide treatment to the uninsured. The gap between the cost of providing care to these patients and the reimbursement will grow into the hundreds of millions of dollars.

The primary hang-up between the budget advanced by the House of Delegates and the Senate of Virginia involves these issues. Marketplace Virginia is an attempt not only to provide insurance coverage to about 285,000 Virginians but also to recapture almost $2 billion in federal taxes Virginians are paying. The Senate proposal recognizes the reality of the federal actions and tries to take advantage of it. The House budget rejects that reality and instead uses millions of state tax dollars to reimburse hospitals for the Medicare cuts imposed at the federal level. Under the House plan, Virginia taxpayers will pay for Medicaid expansion while nobody in Virginia will receive any benefit under that program. Virginia taxpayers will also be asked to pay a second time for the cost of Medicaid expansion through the reimbursement program to the hospitals.

Some of my colleagues in the Senate who have been philosophically opposed to the Affordable Care Act recognize that it is the law and believe we should put the law to work in order to benefit as many Virginians as possible. Enacting a market-based insurance plan to expand coverage to the uninsured is more fiscally prudent than doing nothing. A rejection of Marketplace Virginia is not a vote against the Affordable Care Act. At best it is a symbolic gesture, but the action will cost Virginians real tax dollars. The ongoing discussion about health care is at the heart of why a budget will likely not be agreed to on time.

Mental Health Policy Reform

There was some progress on my efforts to make changes in the mental health laws of Virginia. Mental health has always been an important issue to me throughout my legislative career. The community services boards, particularly Region Ten and Alleghany Highlands Community Services, have made great strides over the years in improving services, and the staff has kept me abreast of the needs in our communities. Family members of institutionalized loved ones have been vocal advocates about Virginia’s abysmal ranking for spending in these vital areas. Particularly after the tragedy at Virginia Tech in 2007, I have been involved in efforts to ensure that the laws will be responsive to the needs of all Virginians.

I did not ask to be more involved than that, but my circumstances have made it necessary for me to be more directly involved in reforming our mental health laws. To that end, I introduced a number of bills this year. I can report that my bills relating to crisis intervention are moving along. The legislation requiring the Department of Behavioral Health and Developmental Services to reexamine qualifications for intake agents and establish a data base for psychiatric beds is still under consideration in the House. Disagreement remains about how long we should extend the emergency custody order period. I am confident that we will have a satisfactory bill emerge from conference. Importantly, the study resolution that asks for a two- year comprehensive examination of the mental health system appears headed for passage. It has been amended to specifically include the effective re-institutionalization of those with mental illness in our jails and prisons. Needless to say, this study is the vehicle by which we hope to make significant long-term changes in the mental health system. I am convinced that through this work we can improve the quality of people’s lives for years to come.

It continues to be my pleasure and distinct honor to represent you in the Senate of Virginia. If I can be of service, do not hesitate to contact me at PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

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Session Newsletter (Feb. 14, 2014)

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Crossover and Medicaid Expansion

This past week the General Assembly saw the crossover and lots of chest thumping. Both sides, Republicans in the House of Delegates and Democrats in the Senate, claimed to be the source of all things moderate and reasonable. The proof, however, is in the pudding, and people can make their own judgments. The big hang up at this point remains from the opening day of session: Medicaid expansion.

Paying for Medicaid Expansion

As explained in this space before, Medicaid expansion is an optional part of the Affordable Care Act. Payment for expansion, however, is not optional. Funding comes from federal taxes. People are already paying increases in taxes on insurance premiums and in other areas. Virginia taxpayers will continue to pay those taxes whether or not we expand Medicaid; however, if we don’t expand in Virginia, our taxpayer dollars will be spent to provide coverage to residents in other states. Virginia loses in excess of $5 million in federal funding every day that we don’t expand Medicaid.

Last week Senator John Watkins, a Republican from Powhatan, revealed a new approach to Medicaid expansion. His proposal, which would need to be approved by the federal government, would allow us to put our own brand on expansion and provide coverage to an estimated 285,000 people. The plan, Marketplace Virginia, requires recipients of the new coverage to pay a premium, just as they would if they had private insurance. The proposal also includes language we inserted into the budget last year that says if federal funding ever dips below 90 percent of the cost of expansion, Virginia will be allowed to withdraw. As explained before, under existing law, the federal government will pay 100 percent of the cost of expansion for three years, reduced to 90 percent in the sixth year of expansion. The premiums will be collected to apply against the state’s share of the cost.

Members of the House of Delegates argue that reforms to Medicaid must occur before expansion. Two of the primary concerns, however, are already written into the law. We already establish a minimum 90 percent funding level, and we require the payment of premiums. Requiring some form of financial responsibility on the part of the insured is a significant reform. What’s more is the unbelievable pressure that the cost of providing for the uninsured puts on our health care system. That pressure has shut down hospitals in Virginia and in other parts of rural America. Expansion of Medicaid will provide the necessary funding to keep rural hospitals open.

Impact of Medicaid Expansion on Treatment of Mental Illness

And, important to me, expansion of Medicaid requires equity between the treatment of mental illness and other illnesses. This will pump over $200 million a year into Virginia’s treatment for mental illness. Without question, this will raise the level of mental health care higher than we have ever had in Virginia. Expanding insurance coverage, passage of the omnibus mental health bill, and a comprehensive review of our system has the potential to bring much needed transformations in the delivery of mental health care in Virginia and put the Commonwealth in a leadership position among the fifty states in the treatment of those who suffer mental illness.

As Virginians we should not expect to be any less than leaders.

I continue to be overwhelmed by the kindness and the support I receive from constituents, people around Virginia, and people all over the country on a daily basis. It remains my distinct honor to represent you in the Senate of Virginia. If I can be of service, do not hesitate to contact me at PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

 

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Session Newsletter (Feb 7, 2014)

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The 2014 session rolls on, and we are nearing crossover. Crossover is the time when the Senate must complete work on bills introduced in the Senate, and the House must complete work on bills introduced in the House. It’s called the crossover because after it occurs, the bills cross over to the other house for consideration.

Virginia Budget Issues

Transportation

As usual, the budget is the major piece of work to be completed in this session of the General Assembly. In past years, transportation has been the topic at the top of the agenda. With the passage of the comprehensive transportation package last year, there are more arguments over spending priorities and how to balance the budget. With that said, the transportation plan last year has not raised nearly as much money as anticipated because last year’s numbers were built on the presumption that the price of gas would continue to rise. The good news for consumers is that the price of gas, though high, has remained fairly stable.

Expansion of Medicaid

Not surprisingly, the big issue this year with respect to the budget is the expansion of Medicaid. As outlined in this space a few weeks ago, I think expansion would be a good deal for Virginia. It would provide health care, including mental health service, to between 200,000 and 400,000 currently uninsured Virginians; and it would create a significant number of new jobs in Virginia. The federal government has committed to funding 100 percent of the cost of Medicaid expansion for the first three years and at least 90 percent in subsequent years. To me, it’s a no brainer: it is the right thing to do, and it makes good economic sense. A proposal to create a Virginia Marketplace to provide coverage for these individuals has been advanced in the Senate. The General Assembly is far from reaching a consensus on this issue, which risks tying up the budgetary process for a considerable period of time.

Contentious Legislative Proposals

A number of controversial topics have been debated this session that generated a lot of phone calls and emails. Among the most contentious measures are:

Sunday Hunting

This year a bill was fashioned by Senator Phillip Puckett and others to allow Sunday hunting on private property by the owner of the property or those to whom he gave permission. I have long resisted voting for Sunday hunting because I think there are things to do outside on a Sunday other than hunt. In Bath County, where I live, hunting remains a popular activity. In the fall, Sunday is the only day that you can participate in other outdoor recreation, like trail riding or hiking, without coming across hunters in the woods.

Boating on Non-Navigable Streams

Senator Dave Marsden introduced a bill this year granting anyone the right to float on a stream with a drainage area of at least seven square miles. The bill was framed somewhat innocuously but would have allowed, from my perspective, floating on just about every stream in Virginia. Because I was concerned that this approach would have negatively affected some people’s property rights and would have provoked confrontation, I voted no.

Death Penalty

Currently there is a bill pending from Senator Bill Carrico that would mandate execution by electrocution, a method that is optional under current law, if the chemicals for lethal injection are not available. Starting in 1994 Virginia joined the trend of performing executions by lethal injection. Today, some of the drugs that have been used to make the cocktail for the lethal injection are in short supply. I understand why Senator Carrico introduced the bill. However, there are only four states that currently allow the use of the electric chair. I am inclined not to support this legislation. I think we need to make sure that our statutes are constitutional, and I am concerned that this bill will actually weaken our death penalty statute.

Ethics Reform

The high profile case involving former Governor Bob McDonnell generated a great deal of interest and legislation pertaining to our ethics laws. The bill moving through the Senate would create the Virginia Conflict of Interest and Ethics Advisory Council, expand reporting requirements to include gifts to children, require semi-annual reporting of lobbyists and elected officials, and cap tangible gifts to legislators at $250, among other provisions. The bill is pending on the Senate floor as we debate amendments. While the bill does not go as far as some would like, the provisions are an improvement over current law.

Mental Health Policy Reform

A large portion of my work continues to be in the area of attempting to reform our mental health laws. Two of my proposals, Senate Bills 260 and 263, and legislation sponsored by others have been merged into one bill. The omnibus bill will require subjects be held up to 24 hours under an emergency custody order, create a database of available psychiatric beds, and ensure people in need of hospitalization cannot be “streeted” by establishing state hospitals as providers of last resort. That bill is currently on the floor of the Senate, and I expect to move it to the House by next week. The resolution creating a joint subcommittee to study mental health services passed the Senate and is pending in the House Committee on Rules.

The response to my legislative work on mental health has been overwhelming. People from throughout Virginia and the United States have shared their stories and reached out to me for help. Getting in touch with your elected officials and voicing your concerns is critical to effecting change. The Governor’s Task Force of Mental Health Services and Crisis Response will continue to meet throughout the year. You can submit public comment here.

It continues to be my distinct honor to serve you in the General Assembly. This will continue to be a busy session for me, and I look forward to your input throughout the process. Concerns, questions, or requests should be directed to my office at: PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

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Session Newsletter (Jan. 31, 2014)

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This past week saw significant changes at the Virginia General Assembly. Nearly half way into the 2014 session two new senators were seated. Since both senators, Jennifer Wexton from Loudoun County and Lynwood Lewis from Accomack County, are Democrats, the balance of power shifted in the Senate of Virginia. With 20 Democrats and 20 Republicans, the balance of power tipped to the Democrats now that we have a Democratic Lieutenant Governor in Ralph Northam.

Twice before in Virginia’s recent history, the Senate was evenly divided. In January 1996 the parties agreed to a power sharing arrangement. The committee chairs and majorities were staggered, with both the Democrats and the Republicans having what amounted to an equal say in the business of the Senate. That precedent was not followed when the 2011 elections yielded a 20-20 tie. Rather, the Republicans seized power and, for the first time in the history of the Senate of Virginia, threw members off committees. You might recall that I lost assignments to both the Committee for Courts of Justice and the Committee on Commerce and Labor during that upheaval.

This year, the Democrats followed the precedent from 2012. The Lieutenant Governor broke the procedural ties, and Democrats have claimed majorities on all but two committees and each committee chairmanship.

The result of the transfer of power is that my committee assignments have changed again. I have served on the Transportation Committee of the Senate since 2002, under chairs Marty Williams, Yvonne Miller, and Steve Newman. Earlier this week I was elected chair of the Transportation Committee. The chairmanship will give me a significant voice in the establishment of transportation policy throughout the Commonwealth. I still just have one vote on the Committee, but I will have more control over which bills are heard and the order of business.

I also gained two committee assignments. As a committee chair, I have a seat on the Rules Committee. This committee has a significant role regarding the conduct of business in the Senate and considers a wide variety of issues that are raised primarily with resolutions. Significantly, I have been appointed to the Senate Finance Committee. Without question, this is the most important committee in the Senate because it handles the budget and all legislation with a fiscal impact. A majority of bills and public policy matters require funding, and sometimes bills pass but are ineffective because money is not attached. My vote on the Finance Committee will give me and my constituents a significant voice in the conduct of government in Virginia. This is my 23rd year in the General Assembly and the first time I have been appointed to a money committee.

The work of the Senate Finance Committee is divided up by topic matter into eight subcommittees. I have three subcommittee assignments in the Finance Committee. First, I serve on the Transportation Subcommittee due to my chairmanship of the Transportation Committee and my long standing interest in transportation policy. Specific construction projects are not usually funded by the General Assembly, rather decisions about which projects go forward are made at the local level through MPOs and by the Commonwealth Transportation Board. However, this assignment will give me and my constituents a significant role in determining which policy areas are funded and how we move forward, particularly in the areas of rail and air space, a growing area of economic importance for the Commonwealth.

My second new subcommittee assignment is for Economic Development and Natural Resources. This subcommittee is very important to me because of my long standing interest in conservation and state parks, and my interest and efforts in the area of economic development. Some may recall that I introduced the legislation back in 1996 that codified the Governor’s Opportunity Fund. Any number of economic development projects have been funded through budget amendments I have introduced over the years. Historically, Virginia ranks near the bottom of the 50 states in spending on natural resources and state parks. You can expect me to work to increase funding there and to make sure that our economic development dollars are spent wisely.

My final subcommittee assignment is to the Public Safety Subcommittee. This is the subcommittee that decides what criminal justice or corrections initiatives, whether advanced through the Courts of Justice Committee, or elsewhere, are worth funding. Difficult decisions are made here because many worthy bills pass, but fiscal constraints require us to set priorities. Without question this subcommittee will involve some of the toughest decisions I will have to make.

I suppose many people wished the power sharing precedent of 1996 was followed. In fact, that is the model that would probably produce more collegiality and a better work environment. However, after the events of 2012 when multiple senators were thrown off committees, and the blatant power grab allowed issues such as the invasive ultrasound bill to advance, it was impossible to follow the earlier precedent. I am confident that the Senate can move on and work toward the goals of the people of the Commonwealth of Virginia. We have vital work to do in the remaining five weeks.

A list of all of the bills I am working on this session is available here.

It continues to be my distinct honor to serve you in the General Assembly. This will be a busy session for me, and I look forward to your input throughout the process. Concerns, questions, or requests should be directed to my office at: PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

Best,

Creigh

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Session Newsletter (Jan. 25, 2014)

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The 2014 session of the General Assembly is streaking by and will soon be a memory. This year’s session is memorable for several reasons. First, it is the first year of a new governorship, which always brings a certain level of excitement, together with a period of uncertainty as new people get accustomed to new jobs. Second, the legislature convenes with the idea of addressing problems and balancing the budget for all the people of Virginia. While each session resembles the previous one, new legislators and a new administration guarantee a new twist.

For the past several years, I have been forced to deal with the state’s system of mental health on behalf of my son. In November a lot of issues related to that system were thrust in my face. I am determined to take the experience I have and use what I’ve learned to try and prevent future tragedies. To that end, I’ve introduced several pieces of legislation.

First, I introduced legislation requiring the Department of Behavioral Health and Developmental Services (DBHDS) to review the qualifications of workers charged with evaluating people in crisis. Current regulations require the person performing the evaluation to have a Master’s degree or its equivalent or be a registered nurse with a certain amount of experience in the psychiatric field. However, based on my experience, it is not clear that every person charged with doing evaluations has the necessary skills and qualifications; I have asked the Department simply to review the regulations and make a report to the General Assembly. Before wholesale changes are made to current law, we need to take into account that which is currently on the books and review whether it works.

Second, I’ve called for increasing the amount of time a person may be held under an emergency custody order (ECO). Current law allows a person to be held for four hours with, under certain circumstances, one two hour extension. That time frame is the shortest in the nation. Most states hold people between 24 and 72 hours before a determination is made that they should be held pursuant to a temporary detention order. While that legislation has drawn a lot of fire, specifically from the Virginia Sheriffs’ Association and the ACLU, it makes sense to me to bring Virginia in line with the rest of the country. There should not be an incident of one who is in need of stabilization services being released, or “streeted.”

Just as important as extending the time period is to eliminate the requirement that the duration of the ECO be extended by a magistrate. Particularly in rural areas, merely having to seek an extension is a waste of precious time.

Coincident with my legislation, others have introduced bills to require that a state facility be a provider of last resort. That legislation essentially would require that a bed be available when one is deemed necessary.

The third bill I sponsored calls for the establishment of a digital registry of available, public and private, psychiatric beds. The Department has been working on a registry for about three years; however it is not a mandate in the law. In this internet driven information age, it makes no sense for precious hours to be wasted on the phone looking for a bed when live time information could be readily accessible.

The last bill I introduced relating to mental health calls for a comprehensive study of our mental health care delivery system. We need to look not only on how we provide services in the area of crisis intervention, but how we deal with mental health issues long term. What kind of care should we be providing to people who are mentally ill? The study resolution has been rewritten to include issues related to the re-institutionalization of the mentally ill in our jails and prison system. The issues are absolutely related, and I hope we can move this matter forward.

While it is difficult for me even to talk to friends right now, I made a decision to speak publicly about my circumstances in order to prevent future tragedies. And I chose what I consider to be the biggest megaphone. By taking to the airwaves, I hope that I can effect as much change as possible and in some way help the millions of families across the country who are struggling and looking for help.

I look forward to hearing from you as we move through the session. I appreciate the opportunity to continue to serve you in the Senate of Virginia. Concerns, questions, or requests should be directed to my office at: PO Box 396, Richmond, VA 23218, [email protected], or (804) 698-7525.

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