David Oatney nails it on how the Democrats true allegiance lays with the Teacher’s Union and not the student’s best interest.
One of These Parties Is Not Like The Other
The idea that Tennessee Democrats want your children to have a quality education is exposed as a fairy tale with each passing hour:
Republican lawmakers are still working on a proposal to expand charter school eligibility before the end of the legislative session, saying the state could be in danger of forfeiting $100 million in federal stimulus funds.
Democrats and public school representatives say that the funds aren’t guaranteed regardless of what the legislature does, and that the state could very well receive the money without expanding charter schools.
The bill, introduced by Rep. Beth Harwell, R-Nashville, would open charter schools to all urban students eligible for free and reduced-price lunch programs. Nearly three-fourths of students in the Metro schools system qualify.
Harwell and other Republicans contend that Tennessee could lose out on $100 million as part of a $4.35 billion “Race to the Top” federal grant program for states that commit to education reform — including increasing access to charter schools. U.S. Secretary of Education Arne Duncan is scheduled to talk to reporters today about President Barack Obama’s administration’s emphasis on the importance of charter school access to receiving the funds.
The federal funds in question are coming from an administration that nearly all Republicans in Tennessee (certainly this writer) disagree with vehemently on a whole host of issues and policy directives, including education policy. However, we know that this money can help a whole lot of Tennessee children receive a vastly superior educational experience. Instead of being forced to attend schools that are failing them as much for the violence and bad behavior around them as for poor funding, a chance is being handed to Tennessee to give some of the most disadvantaged of our children a better shot in life through a better educational environment.
The Democrats and their allies at the Tennessee Extortion Association are the reason that charter schools are not already expanded in Tennessee, and federal money be damned, they aren’t about to allow for an increased and superior number of charter schools to highlight just how badly they’ve managed to ruin the education of Tennessee children in the past couple of decades (mind you, any other times they would have their hands out like hungry rats to take every federal dollar they can). The Left always loves to talk about how they are the champions of “the poor,” but everyone knows that education begins the path out of poverty for most people begins with a quality education. When it comes to education, our friends on the other side really are elitists.
Continue….
More from the Tennessee Charter School Association…..
GOP still pushes bill expanding access to charter schools
Jun 08 ‘09 – Republican lawmakers are still working on a proposal to expand charter school eligibility before the end of the legislative session, saying the state could be in danger of forfeiting $100 million in federal stimulus funds. Democrats and public schoo… (more)
Rep. Susan Lynn gives a comprehensive and balanced anlysis on the All Payer Claims Database proposal..
Title: Bill Number: HB2289/SB2239
This brief document summarizes some of the major components to HB2289 (SB2239) which is currently being considered by the Tennessee General Assembly.
Summary
The bill creates a government database of Tennesseans’ private healthcare claims. Each Tennessean that has private health insurance would be listed in the database, and all claims for care that they receive would be transmitted to the state by private health insurance companies for compilation in the database.
For example, if you went to the doctor today with a cold, and again on Friday with bronchitis, then by Monday you were admitted to the hospital with pneumonia all of that data would be submitted to the state so that the department of finance and administration can follow the progress of your illness and treatment.
The enormity of this database cannot be overstated. For instance, Blue Cross / Blue Shield processes 38,000 insurance claims per hour. Each of the claims would become part of the database.
Several New England states and Minnesota have already instituted similar databases. Minnesota’s health dept has recently begun dictating health protocols to doctors and insurance companies – what business the state has interfering in private healthcare transactions is yet unanswered.
As outlined in the bill, the government wants the private healthcare data of her citizens’ so that the Commissioner of the TN Department of Finance and Administration (presently Dave Goetz) can carry out several stated objectives including:
Improve health care accessibility and affordability,
Identify health care needs,
Determine the capacity and distribution of existing health care resources,
Evaluate the effectiveness of programs on patient outcomes,
Review costs,
Provide publicly available information on providers’ quality of care.
REMEMBER! This data is privately paid for information on private individuals who are making claims to private insurance companies. Frankly, the government has no business having such private information or performing any of the above duties when you privately pay for your healthcare.
Section by Section Analysis
Section 1; Adds the National Committee for Quality Assurance (NCQA) to the Tennessee Code under insurance company utilization review agents in 56-6-704.
NCQA is a non-profit organization that “promotes the adoption of strategies that we believe will improve care, enhance service and reduce costs, such as paying providers based on performance, leveraging the Web to give consumers more information, disease management and physician-level measurement.”
In a letter dated March 6, 2009 to President Obama from this non-profit organization praised the president for his White House Healthcare Summit and for moving us toward “comprehensive health care reform we need.”
Their criteria for which insurance companies must comply contains 6011 data fields on patients for evaluating cost and quality. Some large insurance companies already belong to this organization and comply with the 6011 data sets – however, others do not already comply.
Amendment 1
Section 3 – Definitions;
Bill contains no definition for;
· All Payer Claims Database
· National Standards in Section 3 (c)(2)(A) or Section 3 (f)(1)(C).
· HEDIS information in Section 3 (f)(2)(A). Some HEDIS information is based solely on surveys.
· National multi-collaborative stakeholders found in Section 3 (c).
Section 3 (c); Tennessee Health Information Committee
· No requirements for meetings of the committee or for the call of meetings or for the format.
· There is no sunrise date for the committee.
· Under the proposed law, the Commissioner of Finance and Administration would take recommendations from the newly established “Tennessee Health Information Committee.” The committee is to be comprised of 19 members, only one of whom “represent[s] health care consumers”; all of whom may view all of the information on the database. It is unclear why oversight of the database and the functions is housed within the Department of Finance and Administration, as opposed to the TN Department of Health.
Section 3 (c)(2)(A); Calls for the committee to develop a description of data sets based on “national standards” – National standards is not defined.
Protected Health Information; Not any specific part of the bill restricts the submission of “Protected Health Information” (PHI) to the state of Tennessee – “Protected Health Information” is a dataset of 18 fields of personal information identified by HIPAA’s Privacy Rules. The bill does not preclude the state from getting your PHI; only three of the 18 fields of the PHI may not be included in the Database. In fact, HIPAA expressly allows the government to receive your Personal Health Information – http://privacyruleandresearch.nih.gov/pr_08.asp.
All through the bill it implies that the state will have Protected Health Information.
See:
Section 3 (c)(3)(A) & (B)
Section 3 (c)(5)
Section 3 (d)(1) – one of the most obvious spots
Section 3 (f)(2) – another very obvious spot
Section 3 (d)(2)(A) asserts that “source” or “draft” information used to construct or populate the database will exist.
Nowhere does it state that the data set will be fully de-identified before the state receives the information from the insurance companies.
Section 3 (c)(2)(B); Requires the Committee to develop a method for the submission of data. NO METHOD IS DESCRIBED IN THE BILL.
Once an all payer claims database is established health insurance issuers must submit data in a standardized, electronic form, for inclusion in the database. The data submitted will include information on patients, their claims, the quality of care received, pricing rates, costs of care, and possibly other information in conformity with the National Committee for Quality Assurance (NCQA).
Section 3 (d)(2)(b); The information will be made available to virtually any branch of state government.
Section 3 (e); Excludes only three pieces of personal information from the All Claims Database; name, address, and social security number. This is startling to anyone that knows anything about datasets and privacy. HIPAA identifies 18 fields of protected health information that must be excluded in order for complete privacy to be assured. The inclusion of any of the remaining 18 fields puts patient privacy at risk.
This section should expressly state that none of the 18 fields of Protected Health Information will ever be received by the government.
Section 3 (f)(1)(A); States that all group health plans and health insurance issuers shall provide electronic health insurance claims and eligibility data in accordance with the committee and state rule. Why is eligibility data included if we do not know the persons identity? Again, there is no statement that Protected Health Information will be omitted.
Section 3 (f)(1)(B); Allows the committee and the commissioner to request any additional information from insurance companies that they deem.
Section 3 (f)(1)(C); States the committee and commissioner shall strive for standards and procedures that reflect “national standards”. No definition of national standards exists in the bill.
Section 3 (f)(2)(B); This unfunded mandate forces insurance companies to change the way they receive claims from providers to the very same format that the Centers for Medicare and Medicaid Services requires claims to be submitted.
Section 3 (f)(3); Insurance companies that fail to submit patient information to the state shall be fined up to $100 each day of delay. It is unclear whether this fine applies to the failure to file all records, or whether it is assessed per record.
Fiscal note: The TN General Assembly Fiscal Review Committee notes that the legislation will increase State expenditures by more than $200,000. That is an improbable amount for such an expansive database with continuing analysis. In Minnesota the compilation of the data base cost $1.2 million for just the first 18 months and the analysis was $3 million.
Additional Analysis
By TCPR
Vagueness – The bill’s language is extremely vague when describing the “duties” of the Commissioner of Finance and Administration with regards to his utilization of this database. For instance, one duty is “evaluating the effectiveness of intervention programs on improving patient outcomes.” It is unclear by what standards the commissioner is to use when making such evaluations.
Effectiveness – It is unlikely that a database, while comprehensive in nature, will allow members of the newly created TN Health Information Committee (THIC) to develop meaningful and effective recommendations that increase public health without years of extensive analysis. Billions of dollars are spent each year in the U.S. to improve public health yet the fiscal note for this legislation is just over $200,000. The likelihood of success with such a meager expenditure, especially among a myriad of other, more sophisticated research, is weak at best.
Access to Data – The proposed legislation gives access to otherwise private and confidential health care data to any “departments of state government” if the information is disclosed with the purpose of achieving the duties (of the Commissioner of Finance and Administration). Given the vagueness of the “duties” as noted supra, access to this sensitive information is given to nearly any governmental agency in the state of Tennessee.
As with all public databases, there is a significant chance the information could become compromised. This could occur from a computer “hacker” or from someone within state government (as was the case in the State Trooper’s office last year). Exposure to liability should this sensitive data become publically available is virtually infinite and could open the state to decades of litigation from around the country. Also troubling is the potential to cross-reference health care data with other databases such as school records, criminal records, and travel logs.
It should also be noted that numerous public websites already exist that allow consumers to “shop” for a health care provider that meets their needs. These websites exist without sharing identifiable or sensitive information. Thus the state already has data from which to study health care from a public policy perspective.
Privacy – As the proposed law is written, patients and health care providers are unable to exempt themselves from this database. Similarly, there is no “opt-in” provision that would apply the new law to only those choosing to be a part of the government maintained database. The law states that it will comport with all applicable Health Insurance Portability and Accountability Act (HIPAA) regulations, however this is misleading. HIPAA, by its own terms, does allow for private health care information to be shared with state agencies in certain instances and this law seems to fall within those rules. HIPAA does, however, seem to establish a reasonable expectation of privacy (between patient, provider, and insurer) and this law may unconstitutionally violate that constitutional right.
TN Residents Only? – The bill, by inference only, seems to apply only to Tennessee residents however, it is not clear that lawmakers have contemplated how to the law should apply to part-time residents, those that visit TN-based health care providers, those that work for a TN-based company though they live out of state, Tennesseans with out of state dependents, etc. Requiring insurance companies to submit data without a way to meaningfully limit the law to Tennesseans subjects both insurance companies and the state to great litigation exposure.
Costs to Consumers & Insurers – The legislation’s current fiscal note is less than $200,000 but this only takes the cost to the state government into account. Furthermore, even the fiscal note is a gross under-estimate. In Minnesota, where similar legislation passed, the cost of the program exceeded $4 million in less than 4 years. Insurance companies are likely to incur great costs when forced to conform to an electronic form as prepared by the NCQA. These costs are likely to be passed along, eventually, to consumers. Thus the stated goal of “improving…affordability of patient health care and health care coverage” is thwarted from the start.
Finally, insurance companies will have to disclose otherwise proprietary information which, according to the proposed law, is subject to “public release” via report. While this could lead to greater price transparency, it could also lead to forcing insurance companies to exit the state in favor of states that allow them to retain some competitive advantage. Again, the stated goal of “improving accessibility” could be drastically harmed if this legislation becomes a law.
Rep. Stacey Campfield has listed some good cost saving nuggets here….
Show me the money!!!
Tonight the caucus got together and started to talk brass tacks on the budget. So far it is looking like we are going to be able to cut a lot of what the governor wants to spend on and keep from having to increase taxes as much.
The bond package is looking dead. That will save tens of millions in debt and interest. we will remove the tax increase implementation on cable boxes. The fonce tax increase is looking to be cut if not eliminated. It is already down to out of state owners and properties larger then quadplexes. The money the gov wanted to spend on pre K from the general fund will now be coming out of lottery reserve funds instead. We started to brainstorm on other ideas to save the state money. In no order some of my favorites are…
1. Sell, lease or close all the state golf courses that are not making money. $2.3 million. I hear one is planning a major renovation that will put it deeper in the red.
2. Stop construction on the party bunker until more money comes it. Some people suggested to just fill it in with dirt. Cant say I really against the idea much.
3. Cut funding for the arts and non profits and planned parenthood. About $8 million there. I like the arts but if it quality it will be able to stand on its own.
4. Cut funding for the study of earthquakes. that is over a million dollars in state money alone a year. They have been studying them for going on 30 years. I think we know enough for now.
5. Freeze all non emergency travel.
6. Opt out of the federal highway gas tax. It is optional and if we opt out and keep the gas tax at its current level the state will have more money then what it gets from the fed.
7. This one I must say is about my favorite. Just off the 10th amendment resolution several of us have been talking about how we give money to the fed we don’t need to give them. They are only entitled to money from products made in Tennessee but sold outside of Tennessee.
We currently also give the fed money on some things even if it is made and sold inside Tennessee. Many of us think because of the 9th and 10 amendment they aren’t entitled to it.
We are looking into the legality of saying a wide variety of items that the fed taxes should have the locally sold percent held back. Items such as alcohol (Can you say Jack Danial’s, George Dickle, etc.) Tobacco and guns that are manufactured and sold in Tennessee are just a few of the items we came up with off the top of our heads. If they are made and sold in Tennessee then why are we giving the fed money for it?
If we were to keep part of the money for just the percent that is sold in Tennessee we could be talking millions upon millions. The fed may squawk but I want to see them argue against the constitution.
Maybe this will provide the catalyst needed to trim some of the fatty pork from the state’s spending bovine buffet….
Fox 17 News ….2009 Pork Report-Scott Couch
2009 Tennessee Pork Tour
Solving the problems too important for government
Nashville – May 28th – 12:00 p.m. – 2:00 p.m., Legislative Plaza, 300 6th Avenue North, Nashville, TN 37243
Chattanooga – June 3rd – 12:00 p.m. – 2:00 p.m., Location TBA
Knoxville – June 4th – 12:00 p.m. – 2:00 p.m., Krutch Park, 504 Market Street, Knoxville, TN 37902
Johnson City – June 5th – 12:00 p.m. – 2:00 p.m., Location TBA
Jackson – June 8th – 12:00 p.m. – 2:00 p.m., Madison County Courthouse, 100 East Main Street, Jackson, TN 38301
Memphis – June 9th – 12:00 p.m. – 2:00 p.m., Location TBA
Join us for barbeque, and the release of our Pork Report
Tennessee’s only comprehensive, detailed examination of government waste and pork barrel spending.
The Tennessee Center for Policy Research is an independent, nonprofit, and nonpartisan research and educational institute.
For more information on the events in your area, contact Carter Meadors at carter@tennesseepolicy.org or (615) 383-6431
*Free Admission*
Today, the Tennessee Center for Policy Research released our fourth annual edition of the Tennessee Pork Report. The Pork Report exposes $500 million in waste, fraud and abuse of tax dollars in Tennessee.
In total, the Pork Report uncovers nearly 100 examples of outrageous spending by state and local government, including $7.4 million to finance government-approved art, including a grant to an author of sex novels, and $482,572 to fund the “Barge to Nowhere,” a ferry that carries fewer than 17 passengers per day.
Other examples of questionable expenditures include:
• $9 million for the “Party Bunker,” an underground entertainment facility buried in the front yard of the Governor’s Mansion;
• $6.5 million to “eradicate” boll weevils, even though Tennessee’s cotton fields are already more than 99 percent free of the pest;
• $2.3 million to bailout 11 insolvent state-owned golf courses;
• $1 million to study mice genes; and
• $39,816 to pay for phone lines in state offices that went unused.
Please blog, Tweet, Facebook and get the word out about the Pork Report and help the Tennessee Center for Policy Research expose and put an end to wasteful government spending in Tennessee. To view the entire report, please visit:
http://www.tennesseepolicy.org/files/pdf/2009_Pork_Report.pdf
Also, if you’re near Nashville, Chattanooga, Knoxville, Johnson City, Jackson or Memphis, join us on our Pork Tour. You can pick up a copy of the Pork Report, enjoy a free BBQ lunch and meet our pig mascot. The tour starts tomorrow in Nashville from noon – 2pm at Legislative Plaza. For other cities, dates and locations, visit:
http://www.tennesseepolicy.org/main/article.php?article_id=1092
Thanks!
In Liberty-
Drew
Drew Johnson
President
Tennessee Center for Policy Research
PO Box 121331
Nashville, TN 37212
615.383.6431 (p)
615.383.6432 (f)
http://www.tennesseepolicy.org/
Ken Marrero, aka the Blue Collar Muse – http://bluecollarmuse.com,
called for a meeting of The TN ConserVOLiance – http://tenncva.com to have meet, greet, listen, and question with Senator Ken Yager.
The senator opened up with the normal wholesome folksy conservative platitudes about mamma, work ethics, and apple pie must have been mentioned (if not my mind was being falsely lead by my stomach’s demands).
Yager highlighted his own conservative based principles of laissez fair free markets, small government, 2nd Amendment rights and protections, and the importance of quality education with school choice being it’s key cornerstone.
Why would this politico from Roane county want to talk to a bunch of conservative / libertarian minded bloggers from the Middle Tennessee area?
A question that he addressed and I asked Ken before the meeting?
Was he looking to run for a larger audience? A question he emphatically answered with a NO, saying this was the highest office he desired OR his wife would allow.
As it turned out, the answer was much more simple. During this newbies past successful run for office in 2006, he was evidently excoriated by the left side of the blogsphere. Hoping to introduce himself to the right (aka correct side) (-:, he hopes to develop a little friendly defensive / offensive artillery in the blogsphere for his side.
A question he answered thus and Ken confirmed.
An answer that makes sense and satisfies the naturally cynical mind of a father of two teenagers and observing politicians over several decades.
I also asked about the current Judiciary Selection legislation before the senate, seeing if he would be critical of Lt. Governor Ramsey’s dodge and dance around our Unconstitutional selection process with his current proposal.
He, as one would expect, wouldn’t cross swords with the L.G., but seem to be more intuitively sympathetic to those wanting the process to abide by our foundational documents or amended to comply.
An enjoyable and productive way to spend a Thursday evening with like minded friends (new and old) and the bonus of getting to know another conservative senator on Tennessee’s Capital Hill.
Nice job Ken!
Kay Brooks opines about the recent victory of those of us that want to keep law-making in the legislative and not judiciary branch.
I’m thrilled with the outcome of last night’s House vote to restore the Tennessee State Constitution as ‘the law of the land’ in our state. The passage of SJR127 has taken a lot of time and warriors like the diminutive-in-stature-only
Bobbie Patray of Tennessee Eagle Forum are owed an unpayable debt of gratitude. The checks and balances necessary to protect our rights and liberties to govern ourselves are on their way to being restored. The judicial branch usurped their authority. Last night the legislative branch said ‘back off’.
This from Bobbie Patray’s account of last evening:
[Rep. Bill Dunn (R-Knoxville) ] even got in a comment about the current debate on judges: “Obviously the courts and how we select them or how we should elect them is an issue before us now. And if we continue to go where the people have no say who sits on the Supreme Court, then we’re going to be right back in the posture of instead of the people controlling their Constitution, the courts will…”
He’s right. We’ve got a legal system that thinks they know better than citizens who should be our judges. Those judges, when given half a chance, will make laws over us. It won’t take long and the judicial will completely emasculate the legislative and we’ll be out of the picture completely.
The left is hopping mad. Spitting mad. You’ll get a nasty shower just reading the posts on the Internet. They feel betrayed by Democrat legislators who dared crossed them. This is a huge wake up call for them. Oh, they’ve got 21 solid votes (and one squishy one) but they are finally realizing that the Naifeh regime, which unfairly kept this issue off the House floor for a vote, really isn’t in charge any more.
Is it too much to hope that some point, after they cool down, they’ll realize that the greater issue of who gets to make the laws as Rep. Debra Maggart (R-Hendersonville) mentioned is essential to maintaining freedom in America? That’s the choice they should be most concerned about. If maintaining freedom and a balanced government is important then last night was a huge victory.
Knoxville’s Rep. Campfield discusses the very messy business of redistricting. Each party gets their hands dirty, trying to balance practically drawn zones wth the political tug to increase their own survivability.
Republicans would probably pick up a few seats if they are fair. Democrats are in a tough spot. If they are lucky in the next election and can pick up a seat then they can draw the lines all crazy again. They will put Republicans in Democrat districts or put sitting incumbents in districts with other sitting Republican incumbents. Even if that happens Republicans could still win.
Most figure even with the pen they wont be able to hold on any longer. There is a slim chance Democrats might be able to hold where they are if they pull it all off but it probably wouldn’t last long. If Republicans stay in control and do the same thing to Democrats that Democrats have done (Or would do) to Republicans then the Republicans could jump up into the 60+ members in the house. A huge loss for the Dems.
The question is the classic “pay me a little now or pay me a lot later” scenario, do Democrats bite the bullet, take a little loss now and avoid a big loss down the road or do they hold off and pray for a hail marry to come through even if it still may not put them over the goal line.
Rep. Stacey Campfield highlights the very reason for his gun bills……
My two gun bills died today in committee. Thank you to Rep. Judd Matheny for the motion on my bills.
Interestingly this was sent to UT law school students and faculty on Tuesday by the dean of students.
A Law School staff member reported seeing two men behaving suspiciously in the Volunteer Hall Parking Garage yesterday morning at about 7:00 am. The two men did not appear to be students, faculty or staff, and did not appear to be getting into or exiting a vehicle parked in the garage, but rather were walking around looking into cars parked in the area designated for faculty and staff. The two men changed the direction in which they were walking, and started walking toward the staff member as she got out of her car and started walking toward the garage exit. Luckily the staff member was able to exit the garage, cross the street and enter the Law School without incident.
It was early in the morning, still dusky out and the garage was dimly lit . The two men were African American, appeared to be in their 30’s or early 40’s, wore dark baggy coats over dark hoodies and pants. One had on a dark knit hat.
The incident was reported to the UT Police, but by the time they arrived to investigate, the two men were gone.
Please take care and exercise caution whenever you’re entering or exiting the Volunteer Hall Garage (or any parking garage for that matter) – especially when you’re walking alone, and particularly in the early morning or at night. When at all possible, walk in groups.
Please report any suspicious persons to the UT Police immediately, particularly if you see persons who do not appear to be entering or exiting a vehicle.
A reader sent this e-mail to me asking the question…….
Mr Bean
Would you review the video of the Domestic Relations meeting 3-25-09.
Domestic Relations of C&FA Video
Rep Campfield made a move to adjourn the meeting and Rep. Jones denied the move. Could you tell who is correct in adjourning the meeting?
It DOES appear to be a very loose application of the rules by Rep. Sherry Jones
David gives the current session of our state’s legislature a not so stellar grade….
Grading the General Assembly So Far
by Dave Oatney
When I talk to people about this year’s legislative session, I’ve often been asked how I would rate it so far in spite of the events of January 13th. The question deserves serious consideration, since some things have turned out far better than could have been expected. SJR 127 has passed the Senate overwhelmingly, and it would appear that it stands a good chance to pass the House.
Mail order wine appears as though it will become law, which means that even though we won’t have wine in grocery stores just yet, we will have the ability to order wine and spirits for shipment to our homes-with proper identification. A flurry of positive Second Amendment legislation looks as though much of it will pass the House. These are bills which, if made law, would make Tennessee a freer State and reduce the active role of government in the daily lives of citizens. If SJR 127 and the Second Amendment bills actually do pass the House, it could place Kent Williams in an unusually good position politically, because he will be able to say that he kept his word in allowing these matters to come to the floor.
The downside of this session is that apparently the dreaded Judicial Selection Commission is going to reappear in another form. This breaks a campaign promise the Republicans gave that they would eventually allow the people to vote directly on their judges as the Tennessee Constitution prescribes. It cannot be said, however, that this session has been a disaster such as many of us predicted. Much has yet to be done and there are many pieces of legislation which have not gotten the fair hearing that they deserve, but many things have been given legislative life which would not have even made it to the House Calendar and Rules Committee during the previous General Assembly.
So far I’d give the 106th a C+.
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