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Candidate Questions & Responses

James L. Oberstar

DFL Candidate for U.S. House of Representatives
8th Congressional District

How will the new federal prescription drug benefit being implemented in 2006 help or hurt the 9 million non-elderly disabled Americans receiving Medicare? Would you support (or author) a technical amendment that would make prescription drug coverage more accessible for persons with disabilities-- persons who have dual eligibility under Medicare and Medicaid?

I opposed the Medicare prescription drug legislation for many reasons, including the fact that the new law fails to provide a meaningful drug benefit for millions of Americans, including disabled Medicare beneficiaries. Yes, I would support amending the Medicare law to improve drug benefits for the disabled and for all low-income Americans who are eligible for both Medicare and Medicaid.

Currently in 38 states people with physical, sensory and cognitive disabilities, who seek assistance from vocational rehabilitation programs are being placed on a waiting list because the programs do not have the funds to serve them. In view fact that studies -- including studies conducted by the Congressional Budget Office -- have shown on the average for every dollar put into rehabilitation programs, the federal government will receive 9 dollars in tax revenue over the persons working life, would you support increased funding and support for vocational rehabilitation programs so all applicants can be served and begin returning needed tax revenue to the federal government?

Yes, I support increased funding for vocational rehabilitation programs. Throughout my service in Congress, I have been a strong supporter of these programs, because I believe that the federal government should expand opportunities for individuals with disabilities. Investments in vocational rehabilitation are cost-effective, prepare the disabled for future employment, and help individuals with disabilities participate more fully in society.

The Individuals with Disabilities Education Act (IDEA) is commonly referred to as the civil rights act for children with disabilities because it guarantees access to a free and appropriate public education. The act is currently being considered for reauthorization and both the House and Senate bills significantly weaken key components of the current law that ensure accountability. These include such things as opening the door to the development of three year individual education plans (IEP's), rather than one year; eliminating the requirement for short term objectives to be included in IEP's; changing the way parents are notified of their rights; making it easier for schools to suspend or expel students with disabilities (even if the behavior is related to the student's disability); and watering down due process protections. If this bill is not reauthorized during the current session of Congress, will you support reauthorizing an IDEA bill next session that will not strip current rights from children with disabilities and their families?

I understand the comments from teachers who find that the extensive paperwork involved in educating students with disabilities detracts from their responsibility to educate. However, I have concerns that the paperwork reduction pilot program in the IDEA legislation currently under consideration has no restrictions on what paperwork can be waived. Under this program as currently drafted, a state could propose waiving Individual Education Programs or due process notices as a way of reducing paperwork. Such broad discretion will only harm efforts to improve services for children with disabilities. For this reason, I opposed the bill when it passed the House of Representatives in April 2003. I would likely support the reauthorization of an IDEA bill if these provisions were to be improved in a future bill.

Please outline your thoughts on the proposal to "block grant" Medicaid funding to the states, instead of the currently used formula.

I strongly oppose all efforts to make Medicaid a block grant program. It is imperative for the federal government to maintain its commitment to the federal programs that serve the most vulnerable members of our society. While I have some confidence that the State of Minnesota would continue to meet the health care needs of disabled residents in a Medicaid block-grant arrangement, I am concerned that other states would fail to ensure that disabled Americans would receive access to necessary health care services.

Do you support the Paul Wellstone Mental Health Equitable Treatment Act of 2003?

Yes, I support this legislation (H.R. 953), in the strong belief that we should not tolerate discrimination against patients in need of mental health care services. It is essential that we extend mental health parity for all Americans to have the same treatment, cost-sharing, lifetime and annual limits as those applicable to physical health care services.


How is Minnesota doing in response to the 1999 US Supreme Court Olmstead decision?

The 1999 Supreme Court decision and subsequent federal rulings direct every state to transfer those with disabilities from institutions to less confining community settings, where appropriate. I understand the Minnesota State Legislature approved legislation in 2003 to create an alternative care program that provides home and community-based services. I believe the federal government should work with the states to provide the necessary resources to implement the Olmstead decision.

How can the Medicare system be altered to provide incentives for funding community-based, versus institutional care or services to those who are "home-bound"?

Under current law, Medicare provides home health benefits for beneficiaries requiring acute medical care, but it does not provide home health benefits for the disabled and frail elderly needing long-term care services. I support comprehensive long-term care reform to end the bias in favor of institutional care over home and community health care services to ensure that all Americans have the option to choose the most appropriate setting.

Given that recent government surveys show some 6,690 or 18.7% of Minnesotans living in nursing homes express a preference to live in the community. What is your position on MiCASSA (S.971 and H.R.2032) and Money Follows the Person Act (S.1394 and H.R.1811)? Please elaborate on the pros and cons to the legislation and the rationale
behind your position.

I support legislation to improve Medicaid to ensure that disabled Americans receive the assistance they need in daily activities. Additionally, the disabled should have the ability to choose the appropriate setting for the services they require. In most instances, home and community settings are preferable to institutional care, because it provides enhanced dignity and freedom for the individual and is more cost-effective. Our federal health care policies should reflect this preference for home and community-based care, and I support legislation to achieve these important goals.

 

 

 

James Oberstar

 

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