Legislative: Historical Summary Report from Our Lobbyist

 

Dear Pediatricians and Friends of TNAAP:

My name is Theo Morrison, founder and President of Morrison Capitol Strategies, a full-service government relations firm committed to being your voice on Tennessee’s Capitol Hill. I am proud to serve as your legislative advocate, as well as your eyes and ears before the members of the Tennessee General Assembly and before governmental agencies where your interests are often at stake. As someone who visited his own pediatrician (Dr. John P. Fields) until the age of twenty-four and now the father of a four year old and a sixteen month old, I value the work and commitment of all pediatricians.

Working in conjunction with the Government Relations team of Executive Director Cathy Fenner & Dr. Joe Lentz, we monitored over 300 bills introduced before the General Assembly covering a wide range of issues. Beginning in the summer and fall of 2007, and extending through the legislative session of 2008, we monitored numerous study committees. These study committees covered a myriad of issues ranging from addressing chronic asthma to pediatric mental health to the administration of anti-seizure medications by volunteers. 

During the 2008 legislative session, TNAAP worked in concert with the March of Dimes, the Tennessee Disability Coalition, and other interested parties successfully lobbying for newborn hearing screening legislation (SB3191/HB2753), also referred to as “Claire’s Law.”  The law requires hearing screenings for every newborn infant in Tennessee, unless the child’s parents object on religious grounds, and hearing screenings for any child born in a hospital before discharge. Furthermore, it requires all health insurance policies to cover infant hearing screening tests, except limited benefit plans and employer sponsored plans that are exempt from regulation under the Employee Retirement Income Security Act (ERISA).
Your TNAAP also monitored actions of the Department of Health and Tennessee Board of Education relative to the administration of EPSDT screenings and the Interscholastic Sports Examination Program (pilot program). In Tennessee, every child entering school for the first time is required to have a physical examination. Additionally, every student participating in school athletics must also undergo an annual physical. As part of a new pilot, the State Board of Education recommends reports of physical exams of students in grades 7 and 9 who participate in school athletics using the Interscholastic Sports Examination Form developed by the Department of Health (More Sports Physical Info).

Your TNAAP also successfully fended off efforts by anti-immunization extremists to eliminate mandatory immunization programs and forestalled legislative efforts by motorcyclists rights groups, particularly Concerned Motorcyclists of Tennessee/American Bikers Active Towards Education (CMT/ABATE), to permit motorcyclists over the age of twenty-one (21) to ride without helmets.

TNAAP Navigated Smooth Course Amid Turbulent State Economic Woes

The 2008 legislative year for TNAAP began and ended successfully, in contrast to the dismal economic year experienced by the state overall. Governor Bredesen and lawmakers painstakingly cobbled a budget based on a nearly $500 million shortfall. Current projections for 2009 place the shortfall near $800 million. In an unprecedented move, Governor Bredesen offered a voluntary buyout plan to over 12,000 state employees in hopes that at least 2300 would accept and help lower the state workforce and its payroll by $64 million.

Amid the rancor of crafting the $27.4 billion 2009 budget, state lawmakers granted Governor Bredesen authority to sidestep civil service laws to allow the Department of Children Services to eliminate up to 160 employees as a result of Medicaid rule changes regarding targeted case management under the John B. Ruling, expected to cost Tennessee $73 million in federal funds. Fortunately, Congress rolled back those proposed rule changes, but uncertainty exists as to whether this will prevent pending layoffs.

Originally, the state planned to lay off at least 150 administrative workers in the Department of Children's Services to help make up for the expected loss in the state's targeted case management system. Those cuts were on top of an expected elimination of 142 positions from the department as part of the voluntary employee buyout program. Unfortunately, these cuts negatively impact the efforts of DCS, in response to recent court rulings, to bolster qualifications of its caseworkers, while increasing salaries to attract and retain better employees. Currently, approximately 2,000 caseworkers work with the 30,000 children under DCS supervision. Bredesen used TennCare reserves to bridge the funding gap created after the federal rule changes took effect in March.

Additionally, lawmakers granted Governor Bredesen authority to take reserve funds from state departments and agencies, including health related boards such as the Board of Medical Examiners. During the Administration of Governor Don Sundquist (1995-2003), the legislature approved a similar budget-funding scheme. Keep in mind, these boards and agencies, required by law to run on a self-sufficient basis never recoup these absconded funds.

On the tobacco prevention front, the Department of Health Tobacco cessation program fell victim to the budgetary axe.  Originally budgeted at $10 Million to educate Tennesseans, young and old, about the dangers of tobacco use and to offer resources to aid prevention and cessation, Governor Bredesen and the Tennessee General Assembly compromised to cut program funding for 2009 to $5 Million.  Anti-tobacco stalwart Susan Cooper, State of Tennessee Health Commissioner, voiced her gratefulness that Governor Bredesen kept the program alive knowing that agricultural interests with ties to the tobacco industry continually eye these funds for their own purposes.

2009 Legislative Forecast

On November 4, 2008, the nation elected a Democrat, Barack Obama, for President and increased Democratic-party control in the U.S. House and Senate. However, Republicans in Tennessee increased their numbers in the State Senate, with a 19-14 advantage and wrested control from the Democrats in the House of Representatives, garnering a 50-49 majority.

What will these changes in the Tennessee political landscape, coupled with a dismal economic situation, mean for pediatricians and the children you treat?  Will the 2009 Tennessee General Assembly pass substantative medical malpractice reform legislation? Will children’s health and safety issues receive lower priority in the midst of expected legislation, such as permitting possession of guns in restaurants and bars, or legislation banning adoptions by gays, lesbians, bisexuals, and transgendered persons, or legislation relegating abortion rights in Tennessee to Roe v. Wade status?  Additionally, past victories in tobacco control, immunizations, and insurance reimbursement achieved by TNAAP may be scaled back or face elimination under this new political landscape.

This is why it is even more important for you to be involved in TNAAP advocacy efforts. Let your voice be heard by contacting your state representative and senator and tell them what is on your mind and how they can help pediatricians and the children you serve. The TNAAP thrives on the grassroots advocacy efforts that only you can provide by connecting with your elected officials. Please contact the TNAAP office and let us know the results of your communications with your legislators. Moreover, please feel free to contact TNAAP with your comments and concerns, as well as your ideas for legislation.

Finally, I want to thank the members and the staff of the Academy for allowing me to serve you this year. I look forward to representing you and the children you serve for many years to come.

Sincerely,
Theo Morrison

For more information or details of the bills, amendments and laws (Public Chapters), please see the Tennessee General Assembly's website at
www.capitol.tn.gov