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After more than a year of intense debate, the President signed into law on March 30, 2010 the
Reconciliation changes to the larger health reform bill that passed Congress and was signed into
law the previous week. The complex legislative maneuvering to enact health care reform involved a
two-pronged strategy that now sets the stage for a profound change in health care delivery over the
coming decade.
While there are few provisions that directly reference the provision of ‘DSME/T’, per se, the
totality of changes coming to the medical profession as a result of this bill, including those that
impact nursing, nutrition, chronic disease management, prevention, wellness and the like, will
undoubtedly impact the services provided by diabetes educators.
And, since it is extremely likely that there may be additional Medicare-related legislation that
is considered by Congress this fall, as well as the fact that various bills to amend or change the
current provisions of the law will undoubtedly continue to be introduced in the future, it is of
utmost importance that diabetes educators stay focused on their primary legislative objective:
namely, including CDEs as Medicare providers of DSME/T services. The CDE provision was one of the
few such bipartisan measures that passed the House, and while it was favorably viewed by the
Senate, it was dropped from the final bill in a misguided attempt to condense the package.
Most of the provisions included in the health reform bill will have to be implemented by the
relevant federal agencies with jurisdiction over their various issues. In most cases, this will
require federal rule-making, with public notice and comment before final implementation begins.
As well, the precise timing for actual implementation of all these new federal efforts varies
according to the respective provisions included within the bill. The Centers for Medicare and
Medicaid Services (CMS), the agency charged with overseeing the Medicare and Medicaid programs, is
already struggling with the practical and logistical issues surrounding implementation of such a
mammoth undertaking, and we expect additional guidance to be forthcoming in this area.
In the meantime, below are some of the highlights of the health bill that are of most interest
to diabetes educators and the patients they serve. Briefly, the bill:
- Includes
general insurance reforms designed to increase insurance coverage: these include elimination
of pre-existing condition exclusions; elimination of life-time caps on benefits; and limitation on
out of pocket expenses;
- Significantly
expands the Medicaid population to all individuals under 65 up to 133% of poverty: estimates
show that 15-16 million new individuals may become eligible to obtain services through state
Medicaid programs;
- Establishes a new
Medicaid grant program to promote healthy lifestyles: includes a variety of services,
including preventing the onset of diabetes and “improving the management of their (diabetic’s)
condition’;
- Establishes a
National Diabetes Prevention Program: CDC is to provide grants for community based diabetes
prevention, training and outreach programs’;
- Establishes a new
Medicaid state plan option: patients with chronic diseases can designate a provider as a ‘
health home’;
- Promotes
overall care coordination and medical home for patients: includes establishment of a new
office in CMS for care coordination and other pilot efforts to promote disease management’;
- Provides for
bonus Medicare payments to physicians for select primary care services as well as a short
term increase in Medicaid payments to Medicare levels for certain primary care E&M (Evaluation
and Management) services;
- Establishes a
Patient Centered Outcomes Research Institute: intended to conduct comparative effectiveness
studies as to ‘what works’ in the area of medical treatment for disease;
- Establishes a
grant program for pharmacists for medication management: intended to provide a
multidisciplinary approach to medication management for individuals with chronic diseases
- Reauthorizes Title VIII
Nursing Workforce Development Programs and other nursing initiatives: these include a series
of grant programs designed to increase the nursing workforce, promote a diverse nursing workforce,
and provide for repayment of nursing student loans for those who work in health shortage
areas;
- Establishes a national
Healthcare Workforce Commission: new independent body of 15 members (including nurses) to
assess unmet needs in the provision of health care across the country and to make recommendations
to Congress;
- Establishes a
demonstration program for graduate nurse education: intended to promote clinical
education;
- Authorizes a
School Based Health grant program: intended to provide prevention and primary services to
students, focusing on the uninsured and underprivileged;
- Establishes
prevention services for adults aged 55-64: a grant program for state and local governments
and Indian tribes for screening, referrals and treatment for chronic disease;
- Promotes
wellness and prevention by employers: allows insurance premium discounts in certain cases
for wellness programs;
- Establishes a
Preventive Services Task Force and a Community Preventive Services Task Force;
- Promotes
prevention under Medicare: potential to expand preventive services; elimination of cost
sharing for preventive services;
- Addresses
childhood obesity: demonstration program to reduce obesity through education and
counseling.
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In an effort to gain recognition for the qualified diabetes educator, AADE has embarked on a
state licensure initiative. As management of diabetes becomes increasingly complex, it is
imperative that diabetes health care professionals be well educated and appropriately
credentialed.
Licensure of the diabetes educator will provide for consumer safety and provide minimum
standards for recognition of the professional. We are pleased to announce that Kentucky, the pilot
state for this initiative, has introduced a bill in the state House of Representatives, HB 490, to
require licensure for those practicing diabetes education or using the title diabetes educator in
the state of Kentucky.
Diabetes educator licensure is intended for the healthcare professional who has a defined role
as a diabetes educator, not for those who may perform some diabetes-related functions as part of,
or in the course of, other routine occupational duties.
Without this “legal” definition, diabetes educators will continue to be self-defined. While
payors may reimburse for the diabetes education service (DSMT), they may not recognize (reimburse)
the provider of these services – the qualified diabetes educator.
HB 490 passed with unanimous 98-0 vote in the Kentucky State House. The bill is currently with
the State Senate where we are awaiting the results of the vote. We will send more information as it
develops. Stay tuned for more information as this bill progresses through the Kentucky state
legislature.
For more information on this state licensure initiative or to listen to the state-wide
conference call click
here.
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In 2009 AADE completed a needs assessment
survey with the Member Legislative Coordinators. This survey addressed a variety of grassroots
advocacy issues. As a result we are creating a three-part web-based training designed to develop a
stronger group of advocates to help support and push AADE's legislative agenda for issues relating
to diabetes educators/education.
The first two installments of the training series are now available on the AADE website in the
Policy and Advocacy
section. You can also access them by clicking on the following links:
We hope that these trainings will help your state and local legislative efforts.
Send your feedback on these webcasts to
advocacy@aadenet.org
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Shortly after Congress returns from their two-week Spring Recess Senator Jeanne Shaheen (D-NH)
will be introducing the Medicare Diabetes Self Management Training Act of 2010. This is a Senate
companion bill that mirrors the language of
H.R. 2425 introduced by Representative
Diana DeGette (D-CO 1st) on May 14, 2009.
Senate: currently signed on as co-sponsors (3):
- Senator Jeanne Shaheen [D-NH] (sponsor)
- Senator Al Franken [D-MN]
- Senator Kay Hagen [D-NC]
- Senator Debbie Stabenow [D-MI]
House: currently signed on as sponsors/co-sponsors (38):
- REP DeGette, Diana [CO-1] (Sponsor 5/14/2009)
- Rep Becerra, Xavier [CA-31]
- Rep Castle, Michael N. [DE]
- Rep Kirk, Mark Steven [IL-10]
- Rep Space, Zachary T. [OH-18]
- Rep Boucher, Rick [VA-9]
- Rep Chandler, Ben [KY-6]
- Rep Connolly, Gerald E. "Gerry" [VA-11]
- Rep DeFazio, Peter A. [OR-4]
- Rep Delahunt, Bill [MA-10]
- Rep Diaz-Balart, Lincoln [FL-21]
- Rep Edwards, Donna F. [MD-4]
- Rep Ehlers, Vernon J. [MI-3]
- Rep Farr, Sam [CA-17]
- Rep Green, Gene [TX-29]
- Rep Grijalva, Raul M. [AZ-7]
- Rep Lance, Leonard [NJ-7]
- Rep Latham, Tom [IA-4]
- Rep Lewis, John [GA-5]
- Rep LoBiondo, Frank A. [NJ-2]
- Rep Lofgren, Zoe [CA-16]
- Rep Lowey, Nita M. [NY-18]
- Rep McMorris Rodgers, Cathy [WA-5]
- Rep Moore, Dennis [KS-3]
- Rep Murphy, Patrick J. [PA-8]
- Rep Paul, Ron [TX-14]
- Rep Paulsen, Erik [MN-3]
- Rep Peterson, Collin C. [MN-7]
- Rep Price, David E. [NC-4]
- Rep Sarbanes, John P. [MD-3]
- Rep Scott, David [GA-13]
- Rep Sestak, Joe [PA-7]
- Rep Speier, Jackie [CA-12]
- Rep Terry, Lee [NE-2]
- Rep Welch, Peter [VT]
- Rep Wolf, Frank R. [VA-10]
- Rep Wu, David [OR-1]
- Rep Young, Don [AK]
Understanding that support from all Members of Congress is critical to the success of AADE
legislative efforts we have identified a few key states where the Senator has either co-sponsored
DSMT legislation, supported critical diabetes legislation or is the chair of a key committee.
Please click on your Senators below to send a letter and take action.
Former lead sponsor and primary champion of the DSMT legislation Nebraska:
Past co-sponsors of the DSMT Legislation
Co-Chair of the Congressional Diabetes Caucus
Long time supporter of critical diabetes legislation
More updates and action alerts will follow in the coming weeks.
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Each quarter AADE Grassroots will spotlight state level grassroots advocacy and
legislation.
The first quarter of 2010 has seen a big turnout for state level grassroots advocacy. A number
of initiatives in Montana, North Carolina, New Hampshire and more has helped advance AADEs advocacy
efforts at the state and federal level. In addition these efforts have provided a forum to discuss
issues related to diabetes educators and education with a number of legislators and their
aides.
Read what your fellow educators are doing around the nation.
Florida
Florida currently has state specific legislation (SB 896) requiring the Department of Health to
develop guidelines, with the assistance of certain entities, to require each district school board
and the governing body of each private and charter school to provide training to a minimum number
of school employees and bus drivers to recognize hypoglycemia and hyperglycemia and actions to take
response to an emergency situation. The trainings will be conducted by the school nurse or other
healthcare professional. To read the entire bill click
here.
Michigan
Thanks to a strong grassroots effort in Michigan, Senator Debbie Stabenow (D) has agreed to
cosponsor Senator Shaheen’s CDE legislation! The Michigan Organization of Diabetes Educators [MODE]
will recognize Senator Stabenow at their annual conference on April 16, 2010 at The
Doubletree Hotel in Bay City, MI. Chris Hennessy from Senator Stabenow's office will introduce
MODE's Annual Business meeting and provide updates on their current and future initiatives.
Minnesota
In early March AADE received a request from Lauren D. Gilchrist, Health Legislative Assistant
for Senator Al Franken (D-MN), to show support for the DSMT legislation. After an aggressive
three-day grassroots campaign the diabetes educators and supporters from Minnesota convinced
Senator Franken to contact Senator Shaheen’s office and sign on as an original co-sponsor.
Montana
On March 20, 2010, Montana hosted the
Taking Control of Your Diabetes group in Kalispell
city for approximatley 700 attendees. Also in attendance were Senator John Tester
(D-MT) and Larry Anderson aide to Rep. Denny Rehberg (R-MT At Large). Rep. Rehberg is also a member
of the Congressional Diabetes Caucus. Both were invited by AADE member and Montana diabetes
advocate, Jennifer Janetski. Senator Tester spoke to the crowd as a whole and Mr. Anderson
spent a good part of the day discussing diabetes with attendees. Mrs. Janetski had a chance to
speak with both and is optimistic that Senator Tester and Rep. Rehberg will show support for the
House and Senate bills by signing on as co-sponsors of the DSMT legislation.
New Hampshire
We are awaiting the introduction of a companion bill to H.R. 2425 to be championed by Senator
Shaheen (D-NH). This legislation would mirror the language of H.R. 2425 introduced in the U.S.
House of Representatives on May 14, 2009.
North Carolina
North Carolina flexed their grassroots muscles in the first quarter of 2010 by letting Senator
Kay Hagen (D-NC)know the importance of increasing access to care by convincing her to be the first
to sign on as an original co-sponsor of the soon to be introduced Senate DSMT legislation.
If you have an advocacy related issue that impacts or effects diabetes educators or education
send your issue to
advocacy@aadenet.org.
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