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2006

APHA Legislative Update

American Public Health Association
November 2006

Democrats Take Control of Congress

Democrats swept elections throughout the nation on Tuesday, November 7, taking control of both the U.S. House of Representatives and the U.S. Senate. Democrats will control the House chamber for the first time in 12 years, and regain control of the Senate after spending the last 4 years in the minority. Representative Nancy Pelosi (D-Calif.) has been elected by her party to become Speaker of the House when Congress convenes for the 110th Congress in January. Representative John Boehner (R-Ohio) will lead the Republicans in the House as Minority Leader. On the Senate side, Senator Harry Reid (D-Nev.) was elected as Majority Leader and Senator Mitch McConnell (R-Ky.) moves up to Minority Leader.

Looking ahead to the first session of the 110th Congress, Democrats, now in control of both chambers have announced that several key public health issues will top their agenda including a rewrite of the Medicare Part D program to allow the federal government to directly negotiate with pharmaceutical companies on the prices of prescription drugs, the reauthorization of the State Children’s Health Insurance Program (SCHIP), removing restrictions on stem cell research and raising the minimum wage. Other legislation with significant public health components likely to be considered next year include the reauthorization of the “Farm Bill”, reauthorization of the Ryan White CARE Act and efforts to expand health insurance to the under-insured and uninsured.

While we do expect debate in both chambers of Congress on many of these issues, it is unlikely that any major revamping of the health care system will move next year - either because Congress cannot agree to legislation or because President Bush would use his veto authority to stop any legislation Congress is able to pass.

Lame Duck Session

Last week, lawmakers returned to Washington to begin the lame-duck session. They stayed in session through the end of the week, then broke to take two weeks off for Thanksgiving and will reconvene the week of December 4th to finish all remaining legislative work of the 109th Congress. Press reports are predicting a final adjournment or “sine die” (a term used to indicate the final adjournment of an annual or the two-year session of a Congress) in mid-December.

Over the next few weeks, the Lame Duck Congressional agenda will include:

Planning for the New Congress: Last week, Democrats and Republicans held caucus meetings and officially began their planning for the 110th Congress. They held leadership elections, and the Democrats ratified new committee chairmen and chairwomen. Full committee and subcommittee assignments will follow as will the placement of staff.

Appropriations: Congress has only cleared through both chambers two of the twelve annual spending bills, leaving ten bills undone. Accordingly, Congress had to approve a continuing resolution to keep the government running, punting the remaining bills to December. Last week the House and Senate passed on a voice vote the second continuing resolution for Fiscal Year 2006 providing funding through December 8th for government agencies whose FY 2007 spending bills have not yet been enacted. This includes programs funded under the Labor-HHS-Education Appropriations bill. After the two-week Thanksgiving recess, look for a catchall omnibus bill to emerge or a long-term continuing resolution.

Senate and House leaders “remained hopeful that most of the remaining spending bills can be completed soon,” according to the Washington Post.
Speculation continues on how the remaining appropriations measures will play out, citing that the “thorniest [of] appropriations measures, such as the Labor-HHS-Education bill, could be extended until next year” as part of a continuing resolution. House GOP leaders had promised moderates before the election to find an additional $3 billion for health and education programs in the Labor-HHS-Education appropriations bill but had not identified the source of the funding. "There is a $5.5 billion gap" between the Senate and House on the unfinished appropriations bills, "but resolving the issue is a shared goal for the administration and Democrats," the Wall Street Journal reported earlier this month.

Taxes: Legislation to extend the expiring tax breaks is still a possibility since outgoing Senate Majority Leader Frist has backed off his demands to pair the legislation with a cut in the estate tax. Still, according to various press reports, this legislation isn't “must pass” so it might fall through the cracks.

Trade: A top priority for the White House is legislation that would extend permanent normal trade relations to Vietnam although lawmakers did not finish the bill in time for President Bush’s trip to Asia. Congress might also clear a bill to encourage civilian nuclear cooperation between the United States and India.

State Ballot Initiatives

In addition to Congressional, Gubernatorial, State and Local races on the ballot this month, voters across the country weighed in on more than 200 state ballot measures on election day, ranging from raising the minimum wage to same-sex marriage. A number of those measures allowed voters to directly weigh in on health related initiatives. Summaries of the measures listed by issue appear below.

Abortion: South Dakota voters effectively repealed a law banning abortion under all but the most limited circumstances. In addition, voters in California and Oregon defeated ballot measures that would have required physicians to notify parents at least 48 hours before performing an abortion on a minor.

Raising the Minimum Wage: Voters in six states approved ballot measures boosting their minimum wage above the federally mandated $5.15 an hour, giving a boost to the newly empowered Democrats in Congress who have vowed to raise the wage nationwide.

Tobacco: Voters approved an unprecedented six statewide ballot initiatives to require smoke-free workplaces, increase tobacco taxes and fund tobacco prevention programs. Voters approved ballot measures in Arizona, Nevada and Ohio to require smoke-free workplaces and public places; in Florida to require that tobacco settlement money be used to fund tobacco prevention programs; in South Dakota to increase tobacco taxes and fund tobacco prevention and other health care programs; and in Arizona, to increase tobacco taxes and fund early childhood development programs.

Stem Cell Research: Voters in Missouri approved a constitutional amendment that would allow scientists in the state to conduct any form of stem cell research permitted under federal law and ensure patients there access to any cures and therapies that might result from such research. The measure also set some limits, including banning human cloning.

Affirmative Action: Voters in Michigan approved a constitutional amendment to ban affirmative action programs in government contracts, hiring and higher education admission. At least one organization has filed suit in U.S. District court to prevent the ban from going into effect. A similar ban was adopted in California in 1996. The ban would have a significant effect on the University of Michigan, which uses race in its admissions policies. According to press reports the University is also plan to legally challenge the ban.

Don Hoppert
Director of Government Relations
American Public Health Association
800 I Street, NW
Washington, DC 20001

donald.hoppert@apha.org
202-777-2514 -- phone
202-777-2532 -- fax
www.apha.org
Protect, Prevent, Live Well

Posted 11/20/06

YES on 87 Campaign Features Endorsements by Clinton, Gore & Albright

CPHA-N supports the passage of Prop 87.

As we near the home stretch we hope you can help us get the word out to vote YES on Prop 87.

Prop 87 and the campaign for less foreign oil and cleaner energy are drawing national attention. The Yes on 87 campaign now has endorsements from Al Gore, Bill Clinton and Madeline Albright.

Their new ad shows President Bill Clinton asking California “to do what you have always done, claim your future.” If you haven’t caught it on TV you can see Clinton endorse Prop 87 online at
http://www.yeson87.org/page/m/lkmc3k2t85c/GAiCp1

Please send this to others in your email circle, and encourage people to vote where ever you can strike up a conversation about clean energy and fuels.

Posted 10/22/06

Public Health Leaders Recommend Voluntary National Accreditation Program

A first-of-its-kind recommended model for a voluntary national public health accreditation program was released recently from the Steering Committee of the Exploring Accreditation project. In releasing the model, the committee of state, local and federal public health practice leaders contends that it is both desirable and feasible to develop the program and proposes steps for implementation.

The Exploring Accreditation project, funded by the Robert Wood Johnson Foundation (RWJF) and the Centers for Disease Control and Prevention (CDC), began in August 2005 with the goal of answering how a voluntary national accreditation program should be structured and whether such a program is viable. A 25-member steering committee of leaders from public health practice representing the local, state and federal levels was established to explore these questions.

The committee developed a proposed accreditation model, vetted that modelwith the public health field, revised the model to reflect public comment received, and reached consensus that a voluntary national accreditation program is desirable and feasible. The final recommendations and names of Steering Committee members are available at http://www.exploringaccreditation.org.

"This is a historic day for public health in America," said Dr. Kaye Bender, steering committee chair and dean of the School of Nursing at the University of Mississippi Medical Center. "The Steering Committee has recommended the framework for an accreditation program designed to improve health department performance and accountability and build greater public trust in the public health field."

The steering committee’s decisions were informed by recommendations from four workgroups – governance and implementation, standards development, finance and incentives and research and evaluation – and valuable public comment gathered from public health practitioners and stakeholders via nationwide public forums, surveys and online feedback.

In its final recommendations, the Exploring Accreditation Steering Committee recommends that:

  • A new non-profit organization be established to oversee the voluntary accreditation of state, territorial, tribal and local public health departments;
  • Accreditation standards be developed that promote continuous quality improvement, the pursuit of excellence and accountability for the public’s health;
  • The new program complement state-based efforts to establish performance standards for health departments;
  • Initial financing for the development and operation of the program come from interested grant-makers, government agencies, and organizations of state and local health departments. Over time, the program should be funded through revenues from application fees and other sources as well.
  • Additional recommendations address governance of the new program, applicant eligibility, the accreditation assessment process, cost containment, program incentives, evaluation and implementation.

The steering committee’s final recommendations have been submitted to the executive directors of the American Public Health Association (APHA), Association of State and Territorial Health Officials (ASTHO), National Association of County and City Health Officials (NACCHO) and National Association of Local Boards of Health (NALBOH), who serve as the planning committee and provide executive oversight to the Exploring Accreditation project. The planning committee will share the final recommendations with their organizations to determine next steps.

A full report on the Exploring Accreditation project will be released later this fall. It will include the final recommendations released this week, a description of a business case for the accreditation program, a research agenda to further support the success of a voluntary national accreditation program and a full summary of public comment. The full report will be posted online at http://www.exploringaccreditation.org.

Posted 10/3/06

Public Health Watch

Report to the Membership

Download this report as a Word file

July 2006

Dear Colleagues:

As your President, I am delighted to report that our organization has been very active over the past months in a wide variety of arenas, a partial listing and description of which follows. Our efforts could be multiplied with more help from our membership, so please view these tales of accomplishments not only as informational reports but also as invitations for you to get more involved. If you see an area in which you are interested, contact the person signing the article or whose name is mentioned. If you are passionate about an issue and it DOESN’T appear in these pages, tell us about it—we can always create another Task Force to look at it—and you might even chair it!

We look forward to expanding our efforts to serve you, our members, in meeting your academic and professional needs. All Governing Council meetings are open to members and we encourage you to lend your voice and energy to create and sustain a bigger and ever better CPHA-N.

Robert Benjamin, MD, MPH

New California State Department of Public Health (SB162-Ortiz)

The last issue of Public Health Watch described in some detail the efforts to create a new Department of Public Health. We have continued these efforts through coordination of direct actions by CPHA-N and our partners in SCPHA, the California Center for Public Health Advocacy, along with the California Medicine and Public Health Leadership Forum, to support and amend SB162. Members have participated in meetings with DHS Director Shewry and key legislative staff. Marty Martinez, our Legislative Committee Chair has submitted the following synopsis of the evolution of the new department and its current status.

Earlier this year, California Governor Arnold Schwarzenegger called for the reorganization of the California Department of Health Services and the creation of a new Department of Public Health. The new Department would be responsible for programs addressing chronic disease, communicable disease, emergency preparedness and food, water, and drug safety. It would be led by the state public health officer. Other health services would remain in a reorganized Department of Health Services.

The new department must be created through legislative action. Senator Deborah Ortiz, the Democratic chair of the Senate Health Committee, has a bill, SB 162, calling for the creation of the new department, and she and the Governor have been working together to iron out details. As of this writing, the bill has passed out of the Senate and has cleared the Assembly Health Committee.

The Governor is selling his support of the new department as a means of increasing emergency preparedness, citing New Orleans as an example of an unprepared locality. But there are other benefits to a separate Department of Public Health, including an increased focus on prevention and the elimination of the root causes of racial and ethnic health disparities, as well as addressing the built environment and the multiplicity of causes of obesity and diabetes.

CPHA-N and its counterpart, the Southern California Public Health Association, sent a joint letter supporting the creation of a separate Department of Public Health. We strongly believe a separate department will allow the State to focus more intently on improving our communities’ health. However, we also believe the Governor’s proposal, and the current bill, should be modified. For instance, we have stated our belief that it is important for there to be a Board of Public Health to provide both expert guidance to the new Department, as well as more direct linkages to impacted communities.

Most importantly, and the greatest potential stumbling block, is that the Governor has insisted that the reorganization of these two departments be budget-neutral, meaning that no additional public monies would go into the new Departments. This, we believe, is not acceptable. The Department of Health Services, as it is currently configured is under-funded and there will be transitional costs associated with the reorganization that require funding. Creating a new Department without providing sufficient funding to enable it to carry out its mission is dooming it to failure. However, we believe that it is important to have a new Department of Public Health, and support its creation now while we work to secure an additional infusion of funds next year. If approved by the Legislature, the reorganization would take effect on July 1, 2007.

United States Trade Representative (USTR)

For decades, the United States Trade Representative had been the purview of large business interests with little to no thought given to the greater public health impact of decisions made to market or restrict trade, goods and services. Through the efforts of Ellen Shaffer and your Governing Council, CPHA-N, along with several other organizations, brought suit against the USTR in order that public health be at the table and part of the process of international trade decisions.

CPHA-North is helping to lead an important campaign to safeguard and advance the population’s health. The United States is currently negotiating trade agreements that can provide a basis for altering domestic laws and policies at the state, local and federal levels, as well as those of our trading partners. CPHA-N has joined APHA, the Center for Policy Analysis on Trade and Health (CPATH), and other organizations concerned with the impacts of international trade on the health of individuals, communities and populations, to ensure that our concerns are taken into account in developing U.S. trade policy.

Why is the public health sector interested in trade agreements? One reason is that recent trade agreements have expanded to address fundamental public health measures and protections. Consider:

  • California was enjoined for many years from removing the carcinogenic MTBE as a gasoline additive, in part because of a NAFTA trade dispute.
  • In 1998, 39 multinational pharmaceutical companies filed a lawsuit to prevent the South African government from purchasing affordable generic versions of HIV/AIDS drugs from other countries, and to enforce the companies’ patents on those drugs under a World Trade Organization agreement, Trade-Related Aspects of Intellectual Property Rights (TRIPS). The suit was dropped in 2001 only after an outcry from public health.
  • The U.S.-Australia Free Trade Agreement curtails the U.S.’ right to re-import affordable prescription drugs from abroad.
  • Trade rules have been used to discourage tobacco control measures such as plain packaging. Current agreements eliminate tobacco tariffs, both lowering the price of some brands, and also changing the marketplace through greater competition and brand proliferation, with more targeted marketing to women and young people.

A second more general reason is that recent trade agreements provide advantages to corporations active in the global economy that undermine key foundations of healthy societies, including democracy and sustainable economic development.

Public health advocates wrote to the U.S. Trade Representative (USTR) in May, 2005, seeking representation on several of its influential federal Industry Trade Advisory Committees (ITACs). CPATH reported that these committees included 42 representatives of the pharmaceutical, tobacco, alcohol, processed food, and health services industries, but not one person from public health. The U.S. Government Accountability Office also noted that: “new stake holders in the trade process such as public health…have…no participation in the formal committee system, even though topics such as intellectual property are of interest to them….” (GAO-02-876 International Trade)

We told the USTR that it is important for Congress, the U.S. Trade Representative (USTR) and the Department of Commerce to receive information and guidance from the public health and health care communities on trade negotiations which affect the public’s health, and to benefit from a transparent public debate.

Since then, there have been a number of victories. Eric Lindblom of the Campaign for Tobacco Free Kids, and Shawn Brown of the Generic Pharmaceutical Association, were both appointed to advisory committees. In December, 2005, the USTR announced it would appoint public health representatives to two important committees that deal with intellectual property issues related to pharmaceuticals. In June, influential members of Congress from California, including Reps. Henry Waxman, Barbara Lee, and Pete Stark joined Senator Ted Kennedy and others to encourage USTR to act on this intention. CPHA-N signed a support letter initiated by CPATH to support a successful Waxman-Lee amendment that prohibits these two committees from spending money until they are fairly balanced.

At the same time, CPHA-N is a plaintiff in a lawsuit seeking to compel the USTR to add public health representatives to a number of additional advisory committees that deal with health care services and other important issues. In late June, the public interest law firm Earthjustice informed us that we lost a preliminary decision in this case based on a technical consideration. We are working with our allies to determine the best course for prevailing on achieving greater transparency and accountability to public health in U.S. trade policy.

For more information on trade and health, and the campaign for public health representation, you are invited to visit CPATH’s website: www.cpath.org, or to call CPATH Co-Director Ellen Shaffer, at 415-933-6204.

Continuing Education

California Public Health Association-North’s 2006 Annual Meeting on March 29-30, Rebuilding California: Designs for Healthy Living from City to Farm, succeeded well beyond expectations to draw from among the best and brightest across the State to present on the numerous facets of the health connection to the “built environment”. More than 30 experts and leaders from multiple disciplines and sectors—public law, public health, environmental science, economics, agriculture, advocacy--presented a fast-paced, well-attended set of panels covering a number of new and continuing aspects of California’s built environment. Especially highlighted were the myriad connections between urban and rural community design and the growing “diseases” of obesity and physical inactivity, respiratory illnesses, and reactions to environmental exposures. More than 150 attendees packed downtown Oakland’s Preservation Park’s meeting quarters for the 1 1⁄2 -day conference.

Besides the lively training on land use and walkability audits, along with ample continuing education credits, attendees enjoyed the networking time and opportunities to meet CPHA-N and Governing Council members. There was such enthusiasm and interest expressed about the public health/built environment nexus that the CPHA-N Governing Council will be supporting and promoting additional conferences, continuing education, and other program efforts with this focus as a priority for its program agenda for the next couple of years. For more information or to provide suggestions for future programs in this area, please contact Jacquolyn Duerr, MPH, at jduerr@dhs.ca.gov or (916) 449-5707.

In an effort to outreach into the Central Valley, and through collaboration with the State Department of Health’s Infectious Disease Branch, STD Branch, Tuberculosis Control Branch, and Immunization Branches, UCSF/ Fresno and UC Merced and Alta Bates/Summit Medical Center, CPHA-N was able to offer an Infectious Disease Update in Fresno, which was enthusiastically received by Central Valley health professionals. We are looking forward to providing similar presentations in other parts of northern and central California in the coming years.

CEUs were, as always, offered by CPHA-N, but through partnering with Alta Bates Summit Medical Center, we were able to provide CMEs at our Infectious Diseases Update program. In collaboration with our partner organization, NCSOPHE, CPHA-N was able to offer units to Health Educators. Thanks to Elizabeth Edwards and Joyce Lisbin.

Larry Vitale, Chair of our Continuing Education Committee, has been instrumental in setting up a CEU program with Spanish Language Institute for training in medical Spanish, in Kukulkan, Mexico. CPHA-N will grant CEUs through the Institute. CPHA-N members will get a discount on tuition. See our website for more information.

Dental Continuing Education

As part of our mission of serving many disciplines of public health professionals, we have been working with the California Dental Health Foundation to provide CEUs for pediatric nurse practitioners who attended the “First Smiles” program. Additionally, CPHA-N has just been certified as a Dental CE provider, for all oral health professionals. Dr. Howard Pollick is serving as chair of that subcommittee.

Breaking Bread Over the Public’s Health

The CPHA-N Occupational/Environmental Health Section sponsors a series of Brown Bag Seminars held on a periodic basis at lunch time in downtown Oakland. These seminars typically include one or two speakers/discussants, with time allocated for questions and discussion.

These events seek to bring together occupational and environmental public health professionals, and health and environmental activists to learn more about a topic and of potential linkages between occupational, public and environmental health issues. Since last fall, we have held four well-attended seminars covering a multitude of issues:

  • In October 2005, we hosted Tom Lent from the Healthy Building Network who spoke on: Building Green in Health Care: Linkages between Sustainability and Occupational and Patient Health.
  • In December 2005, Gretchen Lee from the Breast Cancer Fund and Davis Baltz of Commonweal spoke on Biomonitoring: Measuring Chemicals in the Body to Better Protect the Public’s Health: The Potential and the Pitfalls.
  • So far in 2006, Bill Sheehan, Director of the Product Policy Institute spoke about: The California Hazardous Product Ban: A perfect storm for advancing producer responsibility, and Sue Chang of Green Action and Pat Sutton, Occupational Health Branch, CDHS spoke on Medical Waste Disposal Practices: Protecting workers and communities better.
  • In May, the topic was Nail Salon Workers’ Health: From Chemical Exposures to Changes in Policy: Making a Difference in the Shop, where we heard from Thu Quash, of the Northern California Cancer Center and Julia Lieu, with Asian Health Services.

Many thanks to our Association members: David Harrington, Ann Blake and Toni Stein for organizing these interesting sessions. More sessions are planned. If you would like to be notified about them and/or have a topic suggestion contact: David Harrington at dharring@dhs.ca.gov.

News from the American Public Health Association

Giorgio Piccagli, our President elect, has been aptly serving as our Affiliate Representative to APHA and has been involved in several exciting projects.

Annual Meeting. This year’s Annual Meeting, the 134th, will take place in Boston, Nov 4-8. The theme is Public Health and Human Rights. On Saturday and Sunday, there will be Continuing Education Institutes on a variety of topics including: “Integrating Informatics Principles in Public Health”, “Working with Communities to Analyze Data,” “Measuring Nutrition Environments in Communities,” and “Strengthening PH Infrastructure“ among others. To obtain more information and/or to register on line, go to http://www.apha.org/meetings/.

Focus on the States. For the last several years, APHA has increasingly focused on the state associations (“the affiliates”). This focus has culminated in a $5.9 million grant to help strengthen the infrastructure of APHA’s state and regional affiliated public health associations. CPHA-N was instrumental in strengthening the grant application to Kellogg. Details http://apha.org/news/press/2006/0706_apha_receivesgrant.htm.

Dual