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Sen. Moran: More Broken Obamacare Promises for Seniors
"Democrats and President Obama passed the Affordable Care Act knowing that it would cut Medicare Advantage, and today's regulations confirm their plan. Many seniors with these plans will now face losing their doctors, reduced plan options, limited benefits, and higher out-of-pocket costs."
Feb 21 2014
Washington, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.), released the following statement regarding the Obama Administration’s intention to make further Obamacare-mandated cuts to Medicare Advantage, the health care program used by nearly 15 million seniors nationwide:
“The President promised his health care law would allow anyone who liked their health care coverage to keep it. Today, on top of the five million Americans who already received cancellation notices, this law breaks that promise for seniors as well. Democrats and President Obama passed the Affordable Care Act knowing that it would cut Medicare Advantage, and today’s regulations confirm their plan. Many seniors with these plans will now face losing their doctors, reduced plan options, limited benefits, and higher out-of-pocket costs. Unfortunately, this is Obamacare working just as its authors expected, which is why it needs to be replaced with policies that offer better care and value to our seniors.”
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WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) announced that the U.S. Department of Agriculture (USDA) will provide additional assistance to help farmers, ranchers and residents affected by severe drought thanks to livestock disaster programs reauthorized in the 2014 Farm Bill. On the heels of a request made by Sen. Moran and a bipartisan group of senators to Agriculture Secretary Tom Vilsack, USDA will expedite implementation of the 2014 Farm Bill livestock disaster assistance programs and plans to have the programs available for sign up by April 15, 2014.
"I am pleased Secretary Vilsack responded to our appeals for assistance so quickly and will now expedite implementation of the livestock disaster programs reauthorized in the 2014 Farm Bill,” Sen. Moran said. “During a time when producers are still grappling with the devastating effects of drought, the passage of the Farm Bill made certain long-awaited disaster assistance will continue to be available for producers in need. These programs will aid farmers and ranchers in the affected counties, and enable agricultural operations to continue across our state."
In a letter to Sec. Vilsack on Feb. 5, 2014, Sen. Moran, along with Senators John Thune (R-S.D.), Heidi Heitkamp (D-N.D.) and a bipartisan group of senators, wrote: “In 2012, U.S. grazing livestock producers experienced the most devastating loss of pasture, rangeland and forage in decades due to the widespread drought, which resulted in more than 80 percent of all U.S. counties determined as ‘abnormally’ to ‘exceptionally’ dry by the U.S. Drought Monitor. By August 2012, you had designated more than 1,400 counties in 33 states as disaster counties due to drought...Due to the magnitude of pasture, forage and livestock losses and the urgent need for financial assistance these losses have created, we strongly urge you to place implementation of 2014 Farm Bill livestock disaster programs as a top priority.”
As USDA begins implementing disaster assistance programs, producers should record all pertinent information of natural disaster consequences, including:
- Documentation of the number and kind of livestock that have died, supplemented if possible by photographs or video records of ownership and losses;
- Dates of death supported by birth recordings or purchase receipts;
- Costs of transporting livestock to safer grounds or to move animals to new pastures;
- Feed purchases if supplies or grazing pastures are destroyed;
- Crop records, including seed and fertilizer purchases, planting and production records;
- Pictures of on-farm storage facilities that were destroyed by wind or flood waters; and
- Evidence of damaged farm land.
For more information about today’s announcements, visit the USDA drought resource page at www.usda.gov/drought.
The text of the senators’ Feb. 5 letter to Sec. Vilsack follows:
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February 5, 2014
Secretary Tom Vilsack
U.S. Department of Agriculture
1400 Independence Ave., SW
Washington, D.C. 20250
Dear Secretary Vilsack:
We write regarding the urgent need for the U.S. Department of Agriculture (USDA) to expedite implementation of the livestock disaster programs reauthorized in the 2014 Farm Bill.
In 2012, U.S. grazing livestock producers experienced the most devastating loss of pasture, rangeland and forage in decades due to the widespread drought, which resulted in more than 80 percent of all U.S. counties determined as “abnormally” to “exceptionally” dry by the U.S. Drought Monitor. By August 2012, you had designated more than 1,400 counties in 33 states as disaster counties due to drought. Much-needed financial assistance to cover a portion of these losses will be available to eligible livestock producers under the 2014 Farm Bill’s reauthorized Livestock Forage Disaster Program (LFP).
In October 2013, winter storm Atlas, an unexpected early fall blizzard, killed more than 20,000 cattle, sheep, horses and bison in the Dakotas and Nebraska, leaving many livestock producers with less than 50 percent of their livestock herds surviving. The 2014 Farm Bill’s Livestock Indemnity Program (LIP) is the only economic assistance available to most of these livestock producers, who, without it, will be unable to adequately rebuild their herds and sustain their ranching operations.
The 2008 Farm Bill Disaster Title authorized and funded the LFP, LIP, and other disaster programs, for which USDA published regulations, developed policy and software, and implemented. These programs and their funding authorization expired September 30, 2011.
Final passage of the 2008 Farm Bill occurred on June 18, 2008. LIP signup began July 13, 2009, which was one year and 25 days after final passage of the 2008 Farm Bill. LFP signup began September 14, 2009, which was one year, two months and 27 days after final passage of the 2008 Farm Bill.
The LIP and LFP policies and program parameters included in the 2014 Farm Bill changed very little from the LIP and LFP authorized in the 2008 Farm Bill, with changes including minor adjustments to payment rates in both programs. Additionally, these programs remained nearly identical in both Senate and House Farm Bills throughout Agriculture Committee consideration and passage on the Senate and House floor.
Because LFP uses the U.S. Drought Monitor to determine county eligibility and whether payments will be made for one, two, or the maximum of three months, this eligibility information should already be determined by USDA for 2012 and 2013 losses.
Due to the magnitude of pasture, forage, and livestock losses and the urgent need for financial assistance these losses have created, we strongly urge you to place implementation of 2014 Farm Bill livestock disaster programs as a top priority. Considering the similarities of the 2008 and 2014 Farm Bill LIP and LFP, it is our expectation and request that USDA implement these programs within a much shorter timeframe than it did after passage of the 2008 Farm Bill.
We request that you provide us with the current status of LIP and LFP implementation including the timeframe for policy and software development, rulemaking, signup, and issuance of payments by February 14, 2014. Our livestock producers and their lenders need this information so they can plan accordingly.
Thank you for your timely response to this request, and we look forward to working with you as USDA implements this Farm Bill.
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Sen. Moran on Debt Limit: Enough is Enough
"Enough is enough. I will not vote to increase the debt limit. I cannot support continuing the pattern of fiscal irresponsibility that has become the norm in Washington."
Feb 11 2014
Washington, D.C. – U.S. Senator Jerry Moran (R-Kan.) today issued the statement below following the U.S. House of Representatives’ passage of a "clean" increase of the debt limit from its current $17.3 trillion level:
"The debt limit serves an important purpose. Congress’s borrowing power is firmly rooted in our Constitution, and the debt limit is Congress’s most important tool to force action on reining in our soaring national debt. Unfortunately, President Obama has once again asked Congress to abdicate responsibility and raise the debt limit without a serious plan to reduce our national debt. Enough is enough. I will not vote to increase the debt limit. I cannot support continuing the pattern of fiscal irresponsibility that has become the norm in Washington.
"This is the eighth time the President has asked Congress to raise the debt limit. The nonpartisan Congressional Budget Office now projects that by the end of his second term, President Obama will have seen the national debt increase by about $8.5 trillion. Some say it is irresponsible to not raise the debt ceiling, but in my view it’s irresponsible to raise the debt ceiling without serious changes to the way Washington spends money.
"When Kansas families and businesses reach their credit limit, they don’t get an automatic increase to keep on spending. They cut back and adjust their budget. Each time Congress raises the debt ceiling without substantial reductions in spending, it is a dangerous threat to job creation, economic growth and our children’s ability to pursue the American Dream. The time to correct our failures is now. The consequences of failing to tackle our debt crisis will be far greater than failing to raise the debt ceiling."
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WASHINGTON, D.C. – Last night, the Senate passed S. 1954, bipartisan legislation offered by U.S. Senator Jerry Moran (R-Kan.) to prevent the Centers for Medicare and Medicaid Services (CMS) from enforcing its unreasonable and inflexible direct supervision rules for outpatient therapy services at Critical Access Hospitals (CAH) and other small, rural hospitals in 2014.
"CMS imposing such an unrealistic and clinically unnecessary supervision policy jeopardizes patients’ access to important therapy services in rural communities in Kansas and across the country," Sen. Moran said. "This one-year enforcement delay is needed because many Kansas hospitals are considering cutting services for their patients or limiting hours of operation in order to comply with this inflexible regulation. Congress needs to direct CMS to implement a reasonable policy that more adequately reflects the realities of providing care in rural areas."
In its 2009 outpatient payment rule, CMS mandated a new policy for “direct supervision” of outpatient therapeutic services. Outpatient therapeutic services include services such as drug infusions, blood transfusions, outpatient psychiatric services, wound debridement, and cardiac and pulmonary rehabilitation services. CMS’ policy required that a supervising physician be physically present in the hospital department at all times when Medicare beneficiaries receive outpatient therapy services. Even though it was a significant shift in policy, CMS characterized the change as a “restatement and clarification” of existing policy in place since 2001. In response to concerns of health care providers and policymakers, CMS delayed enforcement of the direct supervision policy through 2013 for CAHs and small and rural hospitals with fewer than 100 beds. However, in its 2014 outpatient payment rule, CMS ended this enforcement moratorium.
S. 1954, cosponsored by Sen. Jon Tester (D-Mont.) and Sen. John Thune (R-S.D.), reinstates this enforcement moratorium for 2014 to ensure CAHs and other rural hospitals in Kansas can continue providing patients with a full range of outpatient therapy services in hospitals in their own communities. Click here to read the full text of the legislation.
In June 2013, Sen. Moran introduced S. 1143, the Protecting Access to Rural Therapy Services (PARTS) Act, to address this therapy supervision issue on a permanent basis. Click here to read a summary of the PARTS Act.
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Sen. Moran Joins Colleagues in Introducing Bill to Prevent IRS Targeting, Preserve Free Speech
Feb 11 2014
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) joined U.S. Senators Jeff Flake (R-Ariz.) and Pat Roberts (R-Kan.) today in introducing S. 2011, the Stop Targeting of Political Beliefs by the Internal Revenue Service (IRS) Act.
“The politicization of the IRS is not a conservative or liberal issue, and this legislation would put a stop to the blatant targeting of political beliefs,” Sen. Moran said. “No matter your political stripes, targeting nonprofit groups is terribly damaging to our Democracy. Every American should expect even-handed treatment by the Internal Revenue Service – and that clearly is not the IRS we have.”
The new IRS rule seeks to broadly expand the definition of “candidate-related political activity” for all 501(c)(4) nonprofit organizations. Under this definition, social welfare organizations would face limitations on their participation in a wide range of activities, such as get-out-the-vote efforts, voter registration and education, any communication that mentions a political candidate or party, and any events in which a candidate participates.
S. 2011 would delay the proposed IRS rule for one year, as well as prevent additional targeting of 501(c)(4) organizations by restoring the IRS 501(c)(4) standards and definitions that were in place before the start of the agency’s targeting of conservative groups in 2010.
Background: On Nov. 29, 2013, the Department of Treasury published a proposed IRS rule that would broadly define 501(c)(4) political activity to include voter registration, voter education, communications that mention a candidate or party, grants to 527s, and events in which a candidate participates, among other activities. Even non-partisan activities would be limited. The regulations specifically single out 501(c)(4) organizations, and do not apply to other nonprofit organizations such as charities, labor unions or trade associations.
The administration has already faced harsh criticism for earlier attempts by the IRS to target these same organizations. On May 14, 2013, the Treasury’s inspector general for tax administration released a report finding that the IRS had inappropriately targeted and applied excessive scrutiny to the applications of conservative groups applying for 501(c)(4) tax-exempt status. Several IRS employees, including the acting commissioner, resigned as a result of the scandal. Investigations by the House of Representatives, the Senate and the Department of Justice are ongoing.
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Sen. Moran Statement on Obama Administration's Latest Obamacare Change
"The Administration can't delay away the devastating effects of his law...The true issue is the flawed underlying basis for the provisions of the law: the idea that the government must determine what coverage is acceptable for Americans, regardless of what Americans want for themselves."
Feb 10 2014
WASHINGTON, D.C. – Today, U.S. Senator Jerry Moran (R-Kan.) released the following statement on the Obama Administration’s latest delay of the Affordable Care Act (ACA) employer mandate:
“The President continues to ignore the reality of how damaging Obamacare is for American individuals and families. The Administration can’t delay away the devastating effects of his law. Following the report last week from the nonpartisan Congressional Budget Office confirming that his signature legislative accomplishment is causing even more damage to our economy than previously forecasted, the President is again acting without Congress to unilaterally change the law in order to give Democrats political cover in an election season.
“Obamacare’s problems run much deeper than a poorly-functioning website and badly-executed implementation. The true issue is the flawed underlying basis for the provisions of the law: the idea that the government must determine what coverage is acceptable for Americans, regardless of what Americans want for themselves. I believe the entire law should be repealed to protect individuals, families and businesses from the disasters created by Obamacare. We must replace it with practical reforms that are workable and will actually reduce health care costs.”
The further delay of the employer mandate is just the latest in a series of delays, miscalculations and policy shifts by the president on his signature domestic legislation. Implementation of the ACA has not lowered costs or increased access as promised. Individuals, families and employers face increasing health insurance costs, new taxes overseen by a politically-biased IRS, burdensome mandates, and massive uncertainty because of this flawed law.
In a report released last week, the CBO found that the health care law would lead some workers – particularly those with lower incomes – to limit their hours to avoid losing federal subsidies that Obamacare provides to help pay for health insurance and other health care costs. The CBO estimates the decrease in hours worked “translates to a reduction in full-time-equivalent employment of about 2.0 million in 2017, rising to about 2.5 million in 2024, compared with what would have occurred in the absence of the ACA.” The CBO earlier predicted 800,000 fewer fulltime jobs by 2021. CBO’s analysis also echoes the concerns of numerous job creating businesses in Kansas and across the country who say the costs of this mandate will decrease their business’ demand for workers – resulting in wage cuts and hour reductions for their employees.
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Sen. Moran Now Accepting Applications For Summer 2014 Internships
Positions available in Washington, D.C., and Kansas offices
Feb 10 2014
WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) today announced he is accepting applications for congressional internships in his Washington, D.C., and Kansas offices for the summer of 2014.
"Congressional internships offer Kansas students a great opportunity to learn about Congress and the legislative process," Sen. Moran said. "I hope to give Kansans an opportunity similar to the one I had serving in a congressional office years ago."
An internship in Sen. Moran’s office – either legislative or communications – provides a unique opportunity to work closely with Senate staff on behalf of the state of Kansas. Legislative interns will gain a better understanding of the legislative process in the U.S. Congress, and develop knowledge and professional skills valuable to future career pursuits. Communications internships provide a unique opportunity to learn about how political communications and the legislative process intersect, and gain practical knowledge about the inner workings of a fast-paced press office.
The intern program is open to qualified undergraduate and graduate students – or recent graduates – who have strong interest in public service and government and have achieved academic excellence. Applicants for a Communications internship should possess exceptional writing and communication skills, knowledge of AP style, experience in digital media, and follow current events closely. While preference is given to Kansas residents, students from all states are encouraged to apply.
The application deadline for summer 2014 internships is March 1, 2014. Applications can be obtained and completed under the “Services” section of Sen. Moran’s website at www.moran.senate.gov. Applicants should submit a completed application form, resume, academic transcript, two letters of recommendation and a cover letter explaining their interest in public service and detailing a policy issue of personal importance. . Please submit required materials to: internships@moran.senate.gov
For questions, please contact Sen. Moran’s office at internships@moran.senate.gov or call 202-224-6521 and request to speak with the Intern Coordinator.
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WASHINGTON, D.C. – U.S. Senator Jerry Moran (R-Kan.) today asked Internal Revenue Service (IRS) Commissioner John Koskinen to clarify how the IRS will enforce the Patient Protection and Affordable Care Act’s individual mandate tax. The letter, led by U.S. Senator Tom Coburn, M.D. (R-Okla.), was cosigned by Sens. Lamar Alexander (R-Tenn.), John Barrasso (R-Wyo.), John Cornyn (R-Texas) and Jeff Sessions (R-Ala.).
The full text of the letter is below:
February 10, 2014
John Koskinen
Commissioner
Internal Revenue Service
1111 Constitution Avenue, NW
Washington, D.C. 20230
Dear Commissioner Koskinen:
At the turn of the year, we crossed a new threshold in federal policy. The Patient Protection and Affordable Care (ACA, also known as “Obamacare”) now mandates individuals who choose not to purchase health insurance be subject to taxation by the Internal Revenue Service (IRS).[1]
Never before – since the founding of our Republic – has Congress adopted and the courts upheld a law which effectively forces Americans to buy a product they may not want and subjects them to a tax if they choose not to do so. Given the unprecedented nature of this new era, we write with several questions regarding the Internal Revenue Service’s efforts to enforce section 5000A of the Internal Revenue Code, or the “individual mandate.”
We note the Inspector General for Tax Administration (TIGTA) report released on November 8, 2013, which identifies the implementation of ACA’s tax law changes as the second highest management and performance challenge for the Agency.[2] Certainly, administering the 21 new taxes in the law – which are estimated to raise more than $1 trillion in revenue over the coming decade – will be a challenge. However, the individual mandate is more than just another tax included in the law to pay for expensive health insurance coverage. According to many supporters of the ACA, the individual mandate tax is an essential component for the health care law to work.
Yet the individual mandate tax is one of the most unpopular provisions in the federal health law. Millions of Americans deeply resent how the ACA raises the cost of their health care coverage, reduces their coverage options, and effectively dictates the type of coverage they must buy – and taxes them if they do not buy it. Certainly, in the coming months many Americans will also have strong feelings about how the IRS enforces the individual mandate tax.
Given a number of last-minute administrative “adjustments” made by the Administration, there is some understandable confusion and concern about the enforcement of the individual mandate tax. With the Administration’s decision to waive, delay, or unilaterally alter some provisions of the law—including the employer mandate tax on businesses—taxpayers deserve clarification on how the agency intends to enforce the individual mandate tax.
In order to clarify the IRS’s enforcement of the individual mandate tax, as well as any outstanding issues that need to be addressed by Congress and the IRS, please respond to the following questions:
- Under the law, the IRS does not have the authority to file a notice of federal tax lien or bring forth criminal prosecutions in order to enforce the tax payment.
- Please describe the methods the IRS intends to use to enforce payment of the tax.
- The Congressional Research Service (CRS) states “it is possible that the IRS could present its claim when property is being sold and collect both the original penalty amount along with accrued interest and applicable penalties.”[3] Does the IRS plan to do this?
- CRS also notes “it is unlikely that the IRS will assess the penalty on a return before routine processing of the return is completed. Accordingly, the taxpayer may have received in full the refund anticipated and reported on the return for which the penalty should have been calculated but was not.” In light of CRS’ statement, does the IRS anticipate taking the tax from a person’s refund would be an effective method for ensuring compliance with the individual mandate tax?
- The ACA authorizes the Secretary of Health and Human Services (HHS) to exempt an individual from the individual mandate tax if he or she has “suffered a hardship with respect to the capability to obtain coverage under a qualified health plan.”[4] The Administration subsequently announced late in 2013 that individuals whose insurance policy had been canceled would be eligible for a hardship exemption in 2014. Does the IRS intend to enforce the tax on individuals who have been unable to access the HealthCare.gov or state exchange websites? Will individuals who completed all the steps to purchase health insurance, but were not enrolled due to a website error be required to pay the tax?
- The Administration has already announced several exemptions to the individual mandate. In fact, according to HealthCare.gov, there are eight separate exemptions, along with an additional thirteen circumstances that could qualify a person for a hardship exemption. Assuming the taxpayer can identify the correct exemption, they must either claim the exemption on their tax return or complete one of eight separate forms provided by the government. To make matters more confusing, those who are not required to file a tax return do not even need to apply for an exemption. If the taxpayer meets one or more of these exemptions, but unknowingly pays the tax, will the IRS refund the payment?[5]
- How will the IRS verify the information provided regarding a person’s enrollment in a qualified health plan is accurate? In addition, if a person has a gap in coverage that is less than three months, they are not required to comply with the individual mandate. How does the IRS intend to verify the coverage gap did not exceed the three-month threshold?
- According to CRS, the IRS often conducts “correspondence audits in which the taxpayer is asked to provide additional information to support the information on the tax return.”[6] Does the IRS plan to ask any, or all, taxpayers for supporting documentation to verify the taxpayer has health insurance meeting the minimum essential coverage requirement?
- In light of TIGTA’s November 13, 2013, memorandum, does the IRS currently have the personnel and infrastructure in place to equitably enforce the individual mandate in 2014? What steps does the IRS still need to complete to be able to enforce the tax, and when will these steps be completed?
Given the importance of ensuring that the law is enforced in a transparent and accountable manner, please respond to our letter within 15 days of receipt. Meanwhile, do not hesitate to contact our staff regarding any questions you may have. We look forward to your response to these important questions.
Sincerely,
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