Adult Day Services: Effectively Advocating in Washington D.C. & Becoming an Integral Part of Health Reform
National Adult Day Service Association Conference San Antonio, TX
Jodie Curtis Drinker Biddle & Reath, LLP November 9, 2008
Presidential Results
Obama wins the White House 53%-46% with MO still to be decided 364-163 electoral college votes GW Bush: 51/286,48/271 Clinton:49/379, 43/370 GHW Bush: 53/426
House of Representatives
Democrats pick up seats Was 236-199 Now 255-174, 6 undecided 47++ Blue Dogs 71 Progressive Caucus
Senate
Democrats pick up seats Was 51-47-2 57-40-2 MN-AP called Coleman over Franken – 600 votes – recount GA-Chambliss leads Martin but possible runoff AK-Stevens too close to call Unlikely Dems will get to 60
What is Lobbying?
Showing up Educating Persuading Asking Following through
Lobbying: The Basics
Strategic relationship-building over an extended period of time It’s never too early to start Development of policy supported by persuasive arguments and evidence Strategic planning Importance of understanding the legislative and regulatory calendars Polished execution & “grunt work” Thank supportive Members of Congress
What is Federal Government Relations?
Lobbying Congress
Members of the House and key committees Members of the Senate and key committees
Lobbying the Executive Branch
Government agencies (e.g. CMS) White House (i.e. Executive Office of the President)
Lobbying 101 in a Nutshell: Turning Ideas into Action
Policy Makers Work for You
Washington, DC
Legislative staff -- policy focus
District/State
caseworkers & outreach staff -- local focus
Health Care is Political
Medicaid/Medicare Policy - Medicare Modernization Act and Deficit Reduction Act Implementation
Budget cuts
Health care reform
Congress: The Basics
House
• Senate • 100 • 2 per state • 1/3 every 2 years
435
Pop. based every 2 years 1 Member local district
Key Committees
House
Senate
• Finance Committee (Medicare/Medicaid)
• Health, Education, Labor, and Pensions (HELP) Committee • Appropriations (CMS) • Budget
Ways and Means (Medicare Parts A & B) Energy & Commerce (Medicaid) Appropriations (CMS) Budget
“I’m Only a Bill…”
Bill introduced (#) Ref. committee Ref. subcommittee Reported out favorably Full chamber Repeat in other chamber Conference Committee
President
Typical Elements of a Government Relations Campaign
Set up meetings with Members of key congressional committees and your company’s state delegations
Develop data/evidence and persuasive rationale for the proposed policy Develop "leave-behind" packets – including issue briefs, talking points, patient access impact analysis, and other advocacy materials for Members and their staff
Enlist support of key Members to help secure a meeting with seniorlevel CMS staff
Typical Elements of a Government Relations Campaign
Direct outreach and education with key agency staff and conduct periodic follow-up with congressional offices to keep supporters apprised of status of the effort
Invite Members of Congress and their staff to visit your facilities in their district
Conduct outreach to other advocacy groups and seek to enlist their support
Government Relations Myths
Real “lobbying” is done in a smoke-filled backroom Only large companies do it Send in one wellconnected lobbyist and it will all be fine
Putting Advocacy Into Action: Getting Started
Get to know your congressional delegation in Washington by meeting with Members’ staff, ideally before you need something
Introduce your company (provide materials) Do background research on Member prior to meeting (common priorities?) www.house.gov www.senate.gov thomas.loc.gov
Getting Started
Find local offices of your Members of Congress and visit them Invite Member or staff to visit your facility Try to start small with any requests Be respectful and patient Congressional offices are understaffed for the volume of work they produce, and your priority is just one of many Always follow up with requested information and thank you letters
Getting Started
Before engaging in advocacy activities, discuss internally
Possible existing political relationships Need for prioritization and coordination of congressional requests
Democracy is slow – persistence, patience, and a long-term commitment are required
Health Care Reform Overall
Almost Everyone Agrees About…
Controlling health care costs Providing cost transparency Increasing information about quality of care Promoting use of evidence-based medicine and health information technology (including electronic prescribing) Improving chronic disease management and health promotion/prevention Permitting drug re-importation and generics Supporting expansion and development of health professionals
Then the Differences Start
Republicans Generally…
Market-based approaches Consumer responsibility Private insurance options Health savings account Use of tax incentives
Democrats Generally…
Federal subsidies Expansion of public sector coverage Increased government oversight and regulation
Obama Health Plan: Executive Summary
Preserves current employer-based system Creates a “National Health Insurance Exchange” modeled after the Federal Employees Health Benefits Program (private plans compete with public plan) Requires “pay or play” for employers Mandates all children be covered by 2012 Expands eligibility for Medicaid/SCHIP Permits young adults to be covered by parents Promotes health care access and interventions at schools and worksites
Positives of the Obama Plan
People can maintain current coverage Near universal coverage Subsidies for those who cannot afford health insurance
Pitfalls of the Obama Plan
High taxpayer cost, possibly $110 billion per year Coverage is not universal “Affordable” premium is subjective
So What Will Really Happen?
So What Will Really Happen?
Financial bail-out changes everything
Outcome of the election impacts the national agenda
Need bipartisan will and cooperation to make health reform a reality
So What Will Really Happen?
Health care reform will never happen This was the conventional wisdom about a Medicare prescription drug benefit, but it happened Senator Kennedy’s leadership could be critical to outcome – he is writing his own bill No one knows more Polarizing Senator Clinton will play an important role Where does she throw her support?
So What Will Really Happen?
Unprecedented “unity” among interest groups regarding the need for reform – Harry & Louise change their tune Some sort of bipartisanship is a key to success In 1993-1994, the moderates wanted an individual mandate.
Liberals wanted employer mandate and said “my way or no way.” Conservatives wanted to kill reform. No one wanted to see the moderates succeed.
So What Will Really Happen?
2008-2009: The side that finds common ground with the moderates can win. No health care reform will go forward without discussion of Medicaid and Medicare
ADHC’s Role in Health Care Reform
Should ADHC be part of health care reform?
Absolutely
Will ADHC be part of health care reform?
Unclear
ADHC’s Role in Health Care Reform
Challenges
Average policymakers don’t understand what ADHC is or its advantages Not a strong grassroots political voice Not a cadre of Washington lobbyists CMS recent actions
ADHC’s Role in Health Care Reform
Opportunities
Saves money – makes this attractive for balancing more expensive components Increasing trend to want to keep people out of institutionalized health care as long as possible Better health outcomes Influential Members of Congress do know about ADHC CMS recent actions Attention starting to focus on chronic care mgmt
Opportunities for ADHC
Health care policy will be considered on some level in Congress Everything on the table ADHC has a great “story” No health care reform will go forward without discussion of Medicaid and Medicare
The groundwork has been laid here Medicaid rehabilitation regulation moratorium Medicare Adult Day Health Care Demonstration Project
Considerations for ADHC Providers
A large part of HC Reform is controlling cost: How will providers be a part of the solution for managing costs for those with chronic medical, cognitive, and psych conditions? Can we show cost savings on the Medicare side? Right now ADHC saves Medicare $$$ with reduced hospitalizations and ER visits but the Medicaid side gets no "credit" for that since they are two different systems. Bridging Medicare and Medicaid is a fundamental issue… Does the ADHC business model need to change to work with Medicare? If so, how? Should health care reform include some new hybrid of Medicare/Medicaid? Can that be done around the issue of dual-eligible's? How does ADHC position itself as part of the solution?
Final Thoughts
Building relationships is key and an investment in the future for adult day services’ position within Medicaid and Medicare reforms New Congress creates new opportunity for our proposal to protect ADHC from a waiver
Contact Information
Jodie Curtis Drinker Biddle & Reath jodie.curtis@dbr.com