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Gene's Corner

 

              

          

                                                                    See AZ State news below

        !! Collectively We Can and have been Making a Difference !!   

 

 Legislative Update for March 5th , 2010:

 

 

 We have 1 Action Alert this week at SUMMARIES c. below
 
SUMMARIES:
At a. we see that thankfully the 21% cut in Medicare/TRICARE payments to doctors has been delayed again, this time for 30 days until 1 April.  And the Senate is working on another fix that would further delay the doctor payment cut until Oct. 1 and extend the therapy cap relief through the end of the year. The Oct. 1 date is significant, since few legislators will want to allow a 21% Medicare cut a month before the election.
 
At b.  we see some detail on the "Medicare Payment Advisory Commission" (commonly referred to as MedPAC, and is non-partisan independent agency) report that reviews and makes recommendations for Medicare payment systems.
 
At c.  we are asked to send messages to our Legislators urging them to ensure Congress acts this year to ease severe compensation penalties now imposed on military survivors and disabled military retirees.  MOAA Members are urged to send Cards that are on the back page of the special cover of the March "Military Officer" magazine, and to also send the messages by Email.
 
At d. we see that MOAA has taken a look at which elements of federal spending have grown most.
 
ISSUES:
 
At Issue 1. we see that on March 4, MOAA joined several veterans’ organizations at a joint Senate and House Veterans Affairs Committees' hearing to testify on 2010 priorities for VA health care and benefit programs.
  
At Issue 2. we see where MOAA's publicity on the suspended Military Spouse Career Advancement Accounts (MyCAA) program helped generate 67 legislator signatures on a House Congressional Military Family Caucus letter to the Sec Def on 2 March to hopefully help get the program up and running again soon.
 

Collectively We Can and are Making a Difference

 
FOR ALL, Please feel free to pass these Weekly Legislative Updates on to your group of Veteran Friends - don't be concerned with possible duplications - if your friends are as concerned as we are with Veteran issues, they probably won't mind getting this from two or more friendly sources.
                                        SUMMARIES

 

 

a.  21% Cut Delayed 30 Days

On Tuesday the President signed legislation that temporarily delayed a scheduled 21% cut in Medicare/TRICARE payments to doctors – but only until April 1.

The bill also provides relief from the $1,860 Medicare therapy coverage cap until April 1, helping many stroke and accident victims whose 2010 expenses were already bumping against the cap.

Now, the Senate is working on another fix that would further delay the doctor payment cut until Oct. 1 and extend the therapy cap relief through the end of the year. The Oct. 1 date is significant, since few legislators will want to allow a 21% Medicare cut a month before the election.

b.  Commission Reviews Medicare Rates
The Annual Medicare Payment Advisory Commission recently released its report. MOAA’s Health Care Happenings blog examines the implications for Medicare and TRICARE rates.    (Click on  Health Care Happenings blog here or above to se the details.  GF)

 

c. Protect Disabled Retirees and Survivors
The March Military Officer magazine asks members to sign, stamp, and mail the postcards on the back cover, urging Congress to protect disabled retirees and survivors. You can send that message electronically. Best of all, double your impact by sending the post cards and e-mail..   (Click  on  electronically here or aboveor go to Here are the processes at the end of this Email to send your message.   GF)

 

d. Where's the Money?
In the wake of the announcement of a new National Commission on Fiscal Responsibility and Reform, MOAA takes a look at which elements of federal spending have grown most.   (Click on  Where's the Money? here or above and then scroll down to"Where's the Money?" to see the details. GF)

 

 

 

 

                 ISSUES

 

Issue 1.  MOAA Testifies on Veteran & Caregiver Priorities
At a joint hearing before the Senate and House Veterans Affairs Committees, CDR René Campos (USN-Ret) highlighted MOAA's 2010 priorities for veterans, wounded-disabled, their families, caregivers, and survivors.   (See Issue 1 below for the details. GF)

Issue 2. Military Spouses Left Hanging
More than 60 legislators joined MOAA in urging the Defense Department to reinstate funding for the military's new spouse career development program. The recent abrupt suspension of the program has left thousands of spouses on the hook for pending training. (See Issue 2 below for the details. GF)

 

 

Issue 1. MOAA Testifies on Veteran & Caregiver Priorities

On March 4, MOAA joined several veterans’ organizations at a joint Senate and House Veterans Affairs Committees' hearing to testify on 2010 priorities for VA health care and benefit programs.

Government Relations Deputy Director CDR René Campos (USN-Ret) urged the Committees to pass several pending provisions aimed at strengthening protections, particularly care and support for family-caregivers, the wounded and disabled, and women veterans. She also highlighted the urgency of improving access to mental health services, eliminating the VA claims backlog, and eliminating inequities in survivor compensation.

House Committee Chairman Bob Filner (D-CA) was supportive, stating, "Since Chairman Akaka and I have been chairs of this Committee, we have increased the health care budget by almost $19 billion, a 55 percent increase." He went on to say more must be done though to ensure funds get down to the facilities in a more effective and efficient manner because veterans continue to wait too long and travel to far to get needed care.

Legislators assured the organizations that they would continue to be strong advocates for veterans and their families. Chairman Filner and other committee members specifically referenced Campos' comments on several topics:

  • Women Veterans: "VA has done some creative workarounds to meet the increased demands of care for women veterans, but more needs to be done to remove current barriers to their medical care," said Campos.

Filner said he plans to introduce a Women Veterans Bill of Rights to address women veterans' unique needs.

  • Mental Health: The VA must expand mental health services through innovative approaches, including a campaign to stamp out the stigma associated with seeking help.

The Committee was particularly interested in Campos' example of Virginia's Wounded Warrior Program. Championed by MOAA's Richmond Chapter in collaboration with the governor’s office and veterans and state-community leaders, it leverages government and community resources to provide mental health care and support to veterans and their families.

  • Post 9/11 GI Bill: Campos strongly recommended improving the Post-9/11 GI Bill to include job training, on-the-job training and apprenticeship authority as well as upgrades to the current VA Vocational Rehabilitation and Employment and Survivors and Dependents’ Educational Assistance Programs.

Chairman Filner assured attendees that the Committee would seek to fix those problems.  

 

 

Issue 2.  Military Spouses Left Hanging

Last week we reported on MOAA's efforts to restart the suspended Military Spouse Career Advancement Accounts (MyCAA). The MyCAA program was authorized by Congress last year to provide funding for education, training, certification and credentialing for military spouses who suffer career disadvantages as a result of military-directed relocations.  (Click on  we reported on MOAA's efforts here or above to see the details. GF)

The program was abruptly suspended by Pentagon officials after more than 130,000 spouses signed up for it. Leadership's concern was that the program might exceed the funding allocated to it.

But the no-notice suspension and lack of individual notification to the affected spouses left thousands of spouses dangling without the financial support they had counted on, with many already committed to taking coursework or credentialing programs.

In that regard, more than 30% use the program for certification and licensure, which poses big challenges for nurses, teachers, lawyers and other professionals who have to meet new state requirements when their military sponsors are reassigned to a different state.

Last week's legislative update reported that the House Congressional Military Family Caucus was preparing a letter urging the Secretary of Defense to reinstate the program.

MOAA's publicity of this initiative helped generate 67 legislator signatures on the House Congressional Military Family Caucus  the final Caucus letter (PDF) that went to the Pentagon this week. (Click on the final Caucus letter  here or above to see the letter and who the signatories were. GF)

We hope there will be an update soon on the program's outlook. We'll keep you posted.


Here are the processes:
 
If the steps below are new to some, I recommend that you review all of the steps and then you might want to copy this process by high lighting all of the steps below.  Then click on "File" at the top of your screen, select "Print", then click on "Selection" at the next display and then hit "Print"; or print the selected portion as you usually do this kind of task.
 
1.  Click here on http://www.capwiz.com/moaa/issues/  to put you at the  Legislative Alerts and Updates screen .  
2. Scroll down and click on: Protect Disabled Retirees & Survivors
3 . A t the next screen, if prompted, enter your Zip Code and click on [Go!], and/or at the screen that appears, scroll down and leave 'Email' checked under "Delivery Method:" or check 'Printed Letter'  to  print letters instead of sending Emails if desired. 
4. If an   Issue Area: line appears and doesn't have an issue shown, click on the down arrow and select an issue; e.g., Health, Veteran Affairs, Military, etc.
5. Scroll down to the  "Editable text" area and edit/modify the text of the message if desired.
Take note of the warning not to put your name or address
 or any other personal information in the body (editable text) of the message. 
6.  Insert "Your Closing" (I show 'Respectfully), and "Your Name" and fill in the rest of the mandatory {asterisked} SENDER INFORMATION. The "Phone" number is now required by some Legislators.  Fill in the 'Guest Type", "Service", "Rank", "Component", and "Status" if you want that information to show in your message (recommended).  You may be prompted to include a phone number if you try to send the message without entering your phone number. Don't be concerned about entering a phone number. I haven't  received return calls except on rare occasions to thank me for my interest in a particular piece of Legislation, at which time you can comment (pro or con) to the staff member on how the Senator stands on the issue.
7.  Check "Remember Me" (recommended) if you don't want to have to re-enter all of your Sender Information the next time you send a message. You can always change your information or uncheck 'Remember Me' anytime in the future.
8.  Check 'Yes' or 'No' as to whether you want to have a copy of your letter sent to your Email Address (suggested at least for you initial efforts, and to see how your personal data is included in the message).
9.  Hit "Send Message".
10.  If Letter is selected above, at the screen after hitting "Send Message" at steps 9 above, leave "Plain Paper Style" and "Word Processor (RTF)" checked unless you have another preference. Then left click on "Print Letter(s)" at the end of the "PRINT LETTER" screen. At the File Download" alert that appears next, click on "Open". You can then edit and print or save the letter for editing, printing, signing and mailing.
 
That's it for this week - thanks again for your support.
 
   
 
 
 
 
 
 
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Arizona Legislative Issues 

 

 

 

 

 

 

  State Legislation Update  

Jan 22, 2010

 

 

  PRIORITY ACTION NEEDED!

 

The Payday Loan initiative that we petitioned the Governor and Legislature to oppose last week has now evolved into House Bill HB 2161 'payday loans; regulation.' This Bill would, among other administrative details, void the 1 July 2010 termination (sunset) provision of current statute, Arizona Revised Statute (A.R.S.) Title 6, Sections 6-1251 through 6-1263, that has governed the payday loan industry in Arizona since 2000, and rewords the statute to allow payday lenders to charge 390% annual percentage rate (APR) fees.   

 

In addition to eliminating the 1 July 2010 termination of current statute, that would place short term loans under Arizona Usury law that caps interest rates at 36% APR,  HB 2161  would change the statute to establish a process for verification of citizenship, a credit check, and verification that no other payday loans exist for the borrower, all things that they could essentially be done on their own as a financial industry.  However, it also changes the deferred presentment (payday loan) provision of the statute to read like Proposition 200, that was soundly defeated by a margin of nearly 60% to 40% in 2008, that would have let 390% APR prevail.  

 

HB 2161 would ammend Section 6-1260 paragraph F to read: "A licensee shall not directly or indirectly charge any fee or other consideration for accepting a check for deferred presentment or deposit that is more than fifteen per cent of the principal amount borrowed by the customer".   That 15% 'fee', $15.00 on a $100 loan for a typical two week payday loan for example,  is again left to the reader to figure out equates to 390% APR; i.e., (15% for 2 weeks) X 26 (two week periods in a year) = 390% APR.

 

Click on http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2r/bills/hb2161p.htm if you want to see all of the details of the HB 2161

 

 

Exorbitant payday loan fees and associated problems don't directly affect most of us. And there is some tendency to view it as a problem that victims generally bring on by their own poor choices. However, the fact remains that all too many folks in Arizona are being victimized by high payday interest rates, and will remain victims under HB 2161. 

 

HB 2161 is scheduled to be heard by the Committee on Banking and Insurance on Monday 25 Jan 2010 (in House Hearing Room HHR 5 at 2 PM  for those in the Phoenix area who might have the time and inclination to attend and speak out).  

 

Below is a draft Email and instructions for editing if desired and easy forwarding to all Committee on Banking and Insurance members urging them to oppose HB 2161 in their deliberations because of the adverse affect it would have on medically retired/separated Wounded Warrior families, Guard & Reserve (while not on active duty), retirees and other veterans, seniors and all too many other Arizona citizens who are now and will continue to be victims of exorbitant payday loan fees.

 

In conclusion, I recommend that we each send an Email to all eight Committee on Banking and Insurance members this weekend urging them to oppose HB 2161 'payday loans; regulation' as long as it permits an Annual Percentage Rate in excess of the current 36% APR Arizona Usury cap for small loans.

 

 

Below is a list of members of the Committee on Banking and Insurance for those who may know any of them personally and would be willing to contact them in person on this issue 
Members
Position
 
Cecil P. Ash
Member
David Bradley
Member
Cloves C. Campbell, Jr.
Member
Nancy McLain
Chairman
Robert Meza
Member
Doug Quelland
Vice-Chairman
Carl Seel
Member
Andrew M. Tobin
Member

 

Gene Fenstermacher

Colonel, USAF (Retired)
Veterans Legislative Affairs
AFA Cochise Chapter, MOAA Coronado Chapter
and  MOAA AZ Council of Chapters
 
Recommended message
 
Subject:  Committee on Banking and Insurance Deliberations on HB 2161 'payday loans; regulation'
 
I join Veterans and concerned citizens statewide in urging you to oppose HB 2161 'payday loans; regulation' as long as it permits an annual percentage rate (APR) in excess of the current 36% APR Arizona Usury cap for small loans. As currently written, the bill permits an exorbitant 390% APR on Deferred Presentments (payday loans).  Reference paragraph F of Section 6-1260, Arizona Revised Statutes which would be amended by HB 2161 to read: "A licensee shall not directly or indirectly charge any fee or other consideration for accepting a check for deferred presentment or deposit that is more than fifteen per cent of the principal amount borrowed by the customer."  No matter how this fee is portrayed by the payday loan industry, 15% over a typical two week payday loan period is 390% APR (15% for 2 weeks X 26 two week periods in a year equals 390% APR).
 
Such rates have adverse affect on medically retired/separated Wounded Warrior families, Guard & Reserve (while not on active duty), military retirees and other veterans, seniors and other Arizona citizens who are now victims of exorbitant payday loan interest rates that would only be reduced to 390% APR by HB 2161. 
 
In the Fall of 2008, by a nearly 60% to 40% margin, citizens statewide spoke out to soundly defeat Proposition 200, a similar proposal that would have also established a 390% APR on payday loans. Let's not circumvent the will of the people though the legislative process. Please let Arizona Revised Statute Title 6, Chapter 12.1, Article 1, Section 6-1260:  'Deferred presentment; amount; fees; loans to members of military services' and related sections 'sunset' (terminate) as scheduled on July 1, 2010 per current Section 6-1263, if the fee permitted by HB 2161 is left to exceed the 36% APR Arizona Usury cap on all small dollar loans.
 
Respectfully,
 

 

Banking and Insurance Committee members:

 

cash@azleg.gov; dbradley@azleg.gov; clcampbell@azleg.gov; nmclain@azleg.gov; rmeza@azleg.gov; dquelland@azleg.gov; cseel@azleg.gov; atobin@azleg.gov;

 

 
 
INSTRUCTIONS
To send this message to all House Banking and Insurance Committee members, copy  everything between the red lines above and paste it in the body of a new Email.
 
Copy the words after Subject: from the text that you pasted in your Email, and paste it on the Subject: line of your new Email.  Then delete the the word  Subject: and the subject line from the text.   IF DESIRED,  (recommended) add any or all of the following: your retired rank (if retired) or merely insert something like "Concerned Veteran" or "Concerned Citizen" as you deem appropriate, your address or merely your city of residence, and your Email address and phone number if desired.
 

Then click on Cc: to access your Address book and reveal the Bcc: line if it does not appear in the header of your Email.  Enter any address from your Address Book on the Bcc: line and hit OK to close your address book. Then delete the address that you put on the Bcc: line.

 
Then copy the list of eight House Banking and Insurance Committee member addresses from the text of your new Email and paste it on theBcc: line of your new Email. Placing the list on the Bcc: line  precludes the long list of other addressees appearing at the beginning of this short important message when it is received by each of the Banking and Insurance Committee members. 
 
Then delete the phrase Banking and Insurance Committee members: and all of the addresses at the end of the text of your message, and make sure that only the text and your closing appear as the text of your Email 
 
Then hit"Send" to send the Email.
 
If you should have any rejections or other problems with any addressees, legislator Email addresses and phone numbers can be found at  www.azleg.gov/  by sliding your cursor over  "House" at the left of the home page menu bar and then click on "Members" on the drop down menus.