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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Roy Blunt (R-Mo.) sent a letter to the U.S. Department of Health and Human Services regarding their concerns over recent changes to the national liver distribution policy made by the Organ Procurement and Transplantation Network (OPTN). Under the new policy, midwestern and southern transplant hospitals, including hospitals located in the Kansas City and the St. Louis area, could see patients from Kansas and Missouri waiting longer for a liver match.
“This decision disregards expert opinion, overturns the current policy adopted in December 2017, and calls into question the OPTN process and whether it can fairly determine a policy for distributing livers nationwide,” the senators wrote. “Last week’s decision to ignore the Liver and Intestine Committee’s recommendation is extremely concerning. The Liver and Intestine Committee is comprised of a panel of transplant experts from some of the most prestigious institutions in the country charged with considering the medical, scientific, and ethical aspects related to liver procurement. As such, the Committee’s recommendations should be followed unless there are specific, vetted, and justifiable reasons to do otherwise. The OPTN Board’s decision to overturn the Liver and Intestine Committee’s decision does not meet this standard.”
In the letter, the senators note that the most recent OPTN decision is fundamentally different than the decision reached by the OPTN Board last year, calling into question not only the policy itself, but raising serious concerns about the process by which it was reached.
“The OPTN process needs to be open, transparent, and one that takes into consideration both the expertise of the Liver and Intestine Committee and the public comments submitted by the current liver distribution regions,” the senators continued. “Last week’s decision undermines the entire process and calls into question why the Department has ceded control.”
In October, Sens. Moran and Blunt met with the Administrator of the Health Resources and Services Administration to discuss this issue.
Click here to read the full letter.
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What They Are Saying: Cancer Drug Parity Act
Dec 14 2018
WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Tina Smith (D-Minn.) along with Senators Roger Wicker (R-Miss.) and Chris Murphy (D-Conn.), recently introduced the Cancer Drug Parity Act – bipartisan legislation that would make certain oral cancer drugs are covered in the same way as traditional IV chemotherapy to bring down costs for Americans battling cancer.
Currently, over 40 states – including Kansas – have passed “oral parity” laws that stop insurers from requiring patients to pay higher cost-sharing rates for oral chemotherapy drugs than traditional IV chemotherapies. The Cancer Drug Parity Act would build on this work by expanding these protections at the federal level.
The Cancer Drug Parity Act is supported by more than 30 organizations, including The Susan G. Komen Foundation and The Leukemia & Lymphoma Society. Statements in support of the Cancer Drug Parity Act are included below.
Dr. Roy Jensen, Director of The University of Kansas Cancer Center and President of the Association of American Cancer Institutes:
“Many patients face obstacles when accessing oral chemotherapy drugs. At a time when developments in cancer care are advancing rapidly, it is essential for cancer centers like ours to provide patients with access to the best treatment. For some patients, there are no viable alternatives to oral chemotherapy drugs, which often come with high out-of-pocket costs. Oral chemotherapy is a priority for KU Cancer Center and for AACI, and we are delighted that Senators Moran and Smith are introducing this much-needed legislation.”
Louis J. DeGennaro, Ph.D, President and CEO of the Leukemia & Lymphoma Society:
“Science is dramatically changing the way cancer is treated. Even with these breakthroughs, too many cancer patients can’t access their treatments because insurance rules have not kept pace with innovation. The Cancer Drug Parity Act will eliminate the financial barriers that stand between many cancer patients and the breakthrough treatments that could save their lives. The Leukemia & Lymphoma Society applauds Senator Smith and Senator Moran for their leadership on behalf of cancer patients and stands ready to work with Congress to move this important bill forward.”
Robin Levy, Senior Director of Public Policy and Advocacy for the International Myeloma Foundation:
“Having legislation introduced in both the House and the Senate to increase access to life saving medicines is an exciting step forward in the process to bring out of pocket cost fairness to all cancer treatments. For too long, some cancer patients have been put in the untenable position of having to choose between the treatment their oncologist recommends, and the treatment that their insurance company will cover. With passage of this bill, cancer patients can focus on getting well, not on the what ifs of insurance coverage.”
Paula Schneider, President and CEO of Susan G. Komen:
“We are entering a period of incredible advancement in our ability to treat breast cancers. Yet none of our breakthroughs in the lab will matter if patients can’t access them. Every breast cancer patient should have access to the right treatments for them, without worrying about the financial impact of outdated insurance design. Oral chemotherapy better allows patients to be with families and even continue to work as able, instead of the burden of having to travel to and spend hours at a clinic receiving traditional chemotherapy. It should be available at no additional cost. We look forward to working with Senator Moran, and the entire Senate, to pass the Cancer Drug Parity Act.”
The Coalition to Improve Access to Cancer Care:
“Your bill would ensure that any health care plan currently covering cancer treatment provide patients with access to cancer medications taken by pill at a similar out?of?pocket cost as cancer medications administered by IV, port, or injection at a doctor's office. Similar legislation introduced in the Senate in the last Congress was supported by 21 bipartisan co-sponsors. The House version of the Cancer Drug Parity Act, H.R. 1409, currently has 175 bipartisan co-sponsors, and support continues to grow. We thank you again for your leadership and believe we have a great opportunity to build on this strong foundation of support to make a lasting difference for cancer patients.”
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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Richard Blumenthal (D-Conn.) – chairman and ranking member of the U.S. Senate Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, Insurance, and Data Security with jurisdiction over the health and safety of US Olympic and NCAA athletes – have referred former U.S. Olympic Committee CEO Scott Blackmun for investigation of potential violations of 18 U.S.C. §§ 1001 and 1505.
The Subcommittee referred Blackmun to Acting Attorney General Matthew Whitaker and Federal Bureau of Investigation Director Christopher Wray, citing Blackmun’s “materially false statements contained in his written testimony to the Subcommittee during the course of the Subcommittee’s investigation.”
“The Subcommittee takes its oversight role seriously, and it appears that Mr. Blackmun has made false claims and misled our Subcommittee – harming the investigation and ability to develop policy,” said Sens. Moran and Blumenthal. “Just as importantly, survivors of abuse have had to wait longer for the truth and longer for systemic changes to help prevent others from similar injury.”
Items to Note:
- Blackmun was invited to testify before the Subcommittee’s June 5, 2018 hearing. However, due to ongoing medical treatment for prostate cancer, Blackmun instead provided a statement for the record and answered subsequent questions from Subcommittee members for the record. In his written remarks to the Subcommittee, Blackmun highlighted the following actions, in part, he took as CEO of USOC regarding the response to accusations against Nassar:
- “. . . Mr. Penny told me that after interviewing three athletes and the team doctor, they were concerned [Nassar’s] ‘treatments’ were not legitimate. Mr. Penny said that he was going to report this to law enforcement, a decision I fully supported. Mr. Penny also told me that the doctor would no longer have contact with athletes. I spoke to the USOC’s safe sport staff after talking to Mr. Penny. My understanding was that reporting the doctor to law enforcement was the most aggressive thing that could be done. I also understood that once it was reported, the issue should be left in the hands of law enforcement—we did not want to interfere with their investigation in any way."
- “. . . Mr. Penny told me that after interviewing three athletes and the team doctor, they were concerned [Nassar’s] ‘treatments’ were not legitimate. Mr. Penny said that he was going to report this to law enforcement, a decision I fully supported. Mr. Penny also told me that the doctor would no longer have contact with athletes. I spoke to the USOC’s safe sport staff after talking to Mr. Penny. My understanding was that reporting the doctor to law enforcement was the most aggressive thing that could be done. I also understood that once it was reported, the issue should be left in the hands of law enforcement—we did not want to interfere with their investigation in any way."
- The law firm, Ropes & Gray LLP, was retained by USOC on February 2, 2018 to conduct an independent investigation of USOC. On December 10, 2018, Ropes & Gray released its final report, containing information that contradicts Blackmun’s written statement provided to the Subcommittee on June 5, 2018.
- According to the report, Mr. Blackmun told the independent investigators that, in or about September 2015, he engaged a group of USOC staff, possibly including the USOC Director of Ethics and SafeSport, because he “wanted to make sure that we were doing everything that we should be doing in response and that our response was appropriate.”
- However, independent investigators found no supporting evidence of this follow-up meeting. After being confronted with this information, Blackmun recanted his earlier assertion that this engagement took place.
- The results of the independent investigation and Blackmun’s own statements to the independent investigators appear to contradict his statement to the Subcommittee that he “spoke to the USOC’s safe sport staff after talking to Penny.” According to the independent investigators, Blackmun did not speak with Safe Sport staff or any other USOC personnel outside of former Chief of Sport Performance, Alan Ashley, after learning from then-USAG President and CEO Steve Penny about Nassar and the subsequent report to the FBI.
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WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) today released the following statement after voting in favor of the Yemen War Powers resolution, S.J. Res. 54:
“I voted today to end America’s involvement in the war in Yemen, and I’m pleased the Senate took decisive and thoughtful action to reassert Congress’s constitutional authority in an effort to alleviate the humanitarian catastrophe in Yemen. I am certain this will be a matter of debate early in the next Congress, and I will continue to support promoting peace and security on the Arabian Peninsula.”
Items to Note:
- Last month, Sen. Moran voted to advance S.J. Res 54 from the Senate Foreign Relations Committee, which was agreed to 63-37.
- In March, Sen. Moran voted to proceed to consideration of S. J. Res. 54. It failed 55-44.
- Sen. Moran has also joined letters to the Administration expressing concern regarding the humanitarian impact of the siege of Hudaydah, Yemen, as well as questioning the certification of Saudi compliance with American law.
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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Pat Roberts (R-Kan.) applauded the Federal Communications Commission’s (FCC) Incentive-Based Universal Service Support order, approved unanimously this week, that will increase federal investment in rural broadband throughout Kansas and across the country. The FCC’s order will give small rural broadband providers the certainty and resources they need to increase access to high-speed broadband networks in rural communities and further close the digital divide that puts too many at an economic disadvantage in today’s digital-based economy.
“Access to technology – especially in rural and underserved areas – unlocks an array of opportunity for businesses, students and families alike,” said Sen. Moran. “Whether it’s a farmer trying to expand their business, an individual managing their finances online, or students and teachers utilizing information on the internet as a classroom tool, broadband and technology matter. I am pleased the FCC acknowledges the real need to quickly deploy broadband to the communities that need it most, and I remain committed to working to make certain Kansans have the tools they need to get ahead.”
“Following the investment in rural communities included in the Farm Bill, the FCC, under fellow Kansan Chairman Ajit Pai’s leadership, is continuing to make it easier for people in the hardest to reach communities access reliable high-speed broadband services,” said Sen. Roberts. “Expanding these services in rural areas will make it easier for farmers to operate their businesses with greater efficiency and improve yields, students to further their education with online classes, patients to access remote health care services from the comfort of their homes, and so much more. This will help lessen the urban-rural divide by bringing internet services to rural areas who are all too often years behind their urban counterparts.”
This order is also supported by rural Kansas broadband providers.
“Today’s action at the FCC represents acknowledgement of the importance for all rural Kansans to have access to robust, reliable and affordable broadband. The Universal Service Fund plays a critical role; making possible active engagement for all Kansans in our 21st century economy, education and healthcare,” said Wilson Communications CEO Brian Boisvert.
“I am pleased with today’s FCC decision to address the insufficient universal service fund budget and remove regulatory uncertainty. Sufficient and predictable universal service fund support helps rural broadband providers like Pioneer Communications deploy networks and keep rural areas connected. I am deeply grateful to Senators Pat Roberts and Jerry Moran for their leadership and constant engagement in working toward the order approved today by the FCC. I am also appreciative of the FCC itself for adopting today’s order, especially of FCC Chairman Ajit Pai, a Parsons, Kansas native who knows well what it means to live and serve in rural Kansas. In rural Kansas, like all of rural America, high-speed broadband helps create jobs, boosts economic growth, increases opportunities for education, and improves access to healthcare. The small rural telecom providers in Kansas hope today’s order will allow us to focus more fully again on the business of delivering broadband to the benefit of Kansas consumers and businesses,” said Pioneer Communications General Manager & CEO Catherine Moyer.
Last year, Sens. Roberts and Moran along with Sen. Amy Klobuchar (D-Minn.) led a bipartisan letter to the FCC to ensure its commitment to affordable and reliable broadband for rural communities.
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WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Catherine Cortez Masto (D-Nev.) – members of the Senate Committee on Commerce, Science, and Transportation – led a bipartisan letter of 36 Senators urging the Federal Aviation Administration (FAA) to implement a provision in this year’s FAA Reauthorization legislation (H.R. 302) allowing airports that utilize the contract tower program to become eligible for Airport Improvement Program (AIP) grants from the small airport fund. This provision was introduced by Sens. Moran and Cortez Masto and included in H.R. 302 that was recently signed into law by the president.
“The eight air traffic control towers across Kansas that utilize the contract tower program not only provide an important safety service for critical local airports, but they do so in a cost-effective manner,” said Sen. Moran. “It is the clear intent of Congress that tower construction and improvement, as well as related equipment, should be given priority consideration when determining which projects should receive grants from the small airport fund. These control towers and the airports at which they’re located help provide a vital link between the communities and businesses they serve and the rest of the world, and it is crucial that the FAA implement this provision.”
The letter was also signed by Sens. Tammy Duckworth (D-Ill.), Mike Crapo (R-Idaho), Ron Wyden (D-Ore.), Deb Fischer (R-Neb.), Michael Bennet (D-Colo.), James Risch (R-Idaho), Mazie Hirono (D-Hawaii), Tammy Baldwin (D-Wis.), Ed Markey (D-Mass.), Brian Schatz (D-Hawaii), John Cornyn (R-Texas), Maria Cantwell (D-Wash.), Bill Nelson (D-Fla.), John Boozman (R-Ark.), Doug Jones (R-Ala.), Richard Blumenthal (D-Conn.), Jeff Merkley (D-Ore.), Amy Klobuchar (D-Minn.), Gary Peters (Mich.), Kirsten Gillibrand (D-N.Y.), Chris Van Hollen (D-Md.), Steve Daines (Mont.), Marco Rubio (R-Fla.), Roger Wicker (R-Miss), James Inhofe (R-Okla.), Tom Cotton (R-Ark.), Tina Smith (D-Minn.), Patty Murray (D-Wash.), Jeanne Shaheen (D-N.H.), Dianne Feinstein (D-Calif.), Kamala Harris (D-Calif.), Sherrod Brown (D-Ohio), Dick Durbin (D-Ill.) and Ben Cardin (D-Md.).
Item to note:
- Airports in Kansas utilizing the contract tower program and affected by this measure include: Hutchinson Regional Airport, Manhattan Regional Airport, Garden City Regional Airport, Salina Regional Airport, Topeka Regional Airport, Billard Airport in Topeka, Johnson County Executive Airport in Olathe and New Century AirCenter in Gardner.
Full text of the letter can be found here and below.
December 11, 2018
Daniel K. Elwell
Acting Administrator
Federal Aviation Administration
800 Independence Avenue SW
Washington, D.C. 20591
Dear Acting Administrator Elwell:
As you begin implementing the Federal Aviation Administration (FAA) Reauthorization Act of 2018, we would like to draw your attention to section 152 of that Act. Section 152 authorizes the FAA to make grants from the small airport fund to an airport participating in the contract tower program for the purpose of constructing or improving its air traffic control tower and for the acquisition and installation of related equipment.
The contract tower program has been in place for over 30 years. Currently, there are 256 airports in 46 states that participate in this program and it consistently receives high marks for customer service from aviation users (pilots, airlines, FBOs, flight schools, and corporate flight departments). Without it, people living and traveling to small communities and rural areas would be without the important safety benefits that air traffic control provides.
Not only do contract towers provide an important safety service, they do it in a cost-effective manner. This is demonstrated by the fact that contract towers handle approximately 29 percent of all U.S. air traffic control tower operations, but account for just 11 percent of FAA’s overall budget allotted to such operations. This means that the contract tower program saves the FAA and taxpayers approximately $200 million per year and $2 billion over a decade.
In addition to the safety and financial benefits, the contract tower program plays a key role in connecting rural communities to the national air transportation system, helping airports retain and develop commercial air service, and promoting economic development and job creation. It also provides significant support for military readiness and training as well as for disaster relief, homeland security, and law enforcement operations.
For all these reasons, the contract tower program enjoys widespread support in the Congress. That is why Congress included section 152, as well as other provisions to boost the contract tower program, in the FAA Reauthorization Act. It is important to note that this provision authorizing small airport funds for tower construction and improvement was placed in subsection (d) of section 47116 of the United States Code. Subsection (d) is entitled “Priority Consideration for Certain Projects.” This provision could have been inserted in section 47124, but was placed in subsection 47116(d) precisely because Congress desired air traffic control tower construction and improvement projects to receive priority consideration for grants from the small airport fund. It is Congress’s clear intent that tower construction, improvement, and related equipment should be given priority consideration when determining which projects should receive grants from the small airport fund. Priority consideration for these projects is fully justified in light of the safety, financial, and other benefits that these towers provide to small airports and rural areas.
We expect FAA to follow congressional intent in implementing this important provision that will enhance air traffic safety at smaller and rural airports throughout the country, including utilizing the benefit/cost ratios for new airport applicants/candidates that FAA submitted to Congress in April, 2018.
Additionally, we request that you explain to how the FAA will revise its National Priority Ranking and related order to ensure that funding for air traffic control tower construction, improvements, and related equipment receive the priority intended in the law. We also ask that, after the end of this fiscal year, you provide us with a list of the airports that requested money from the small airport fund for tower construction, improvement, or related equipment, a list of those airports that received such funds for that purpose, and a statement explaining why airports did not receive such funding even though it was requested.
We appreciate your attention to this timely matter and look forward to continuing to work with you in a constructive manner on this important issue.
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Sen. Moran Introduces Bipartisan Bill to Make Life-Saving Oral Cancer Medications More Affordable
Legislation Would Make Certain Oral Cancer Drugs are Covered in Same Way as Traditional IV Chemotherapy
Dec 12 2018
WASHINGTON – U.S. Senators Jerry Moran (R-Kan.) and Tina Smith (D-Minn.) today introduced the Cancer Drug Parity Act to make certain oral cancer drugs are covered in the same way as traditional (IV) chemotherapy to bring down costs for Americans battling cancer. The Cancer Drug Parity Act, which is co-sponsored by Senators Roger Wicker (R-Miss.) and Chris Murphy (D-Conn.), is needed to make certain the way health care covers cancer treatment catches up to the advances in oral cancer medications.
Currently, over 40 states – including Kansas – have passed “oral parity” laws that stop insurers from charging more for prescribed oral cancer medicine than IV chemotherapy. The Cancer Drug Parity Act would build on this work by expanding these protections at the federal level.
“Individuals suffering from cancer deserve the best treatment options available through their insurance,” said Sen. Moran. “As the number of oral cancer drugs increase each year, patients ought to be able to immediately benefit from these medical advancements. This sensible legislation would keep health insurance on pace with the latest cancer treatments, build on laws already implemented in 43 states and expand cancer coverage for oral drugs for 100 million individuals covered through group and individual health plans. I am a strong supporter of medical research to find new treatments, therapies and cures, and I am working to make certain these exciting new treatments can reach cancer patients and ultimately save lives.”
The Cancer Drug Parity Act is supported by more than 30 organizations, including The Leukemia & Lymphoma Society.
“Many patients face obstacles when accessing oral chemotherapy drugs,” said Director of The University of Kansas Cancer Center and President of the Association of American Cancer Institutes Dr. Roy Jensen, which represents 98 academic cancer centers across North America. “At a time when developments in cancer care are advancing rapidly, it is essential for cancer centers like ours to provide patients with access to the best treatment. For some patients, there are no viable alternatives to oral chemotherapy drugs, which often come with high out-of-pocket costs. Oral chemotherapy is a priority for KU Cancer Center and for AACI, and we are delighted that Senators Moran and Smith are introducing this much-needed legislation.”
“Science is dramatically changing the way cancer is treated. Even with these breakthroughs, too many cancer patients can’t access their treatments because insurance rules have not kept pace with innovation,” said President and CEO of The Leukemia & Lymphoma Society Louis J. DeGennaro, Ph.D. “The Cancer Drug Parity Act will eliminate the financial barriers that stand between many cancer patients and the breakthrough treatments that could save their lives. The Leukemia & Lymphoma Society applauds Senator Smith and Senator Moran for their leadership on behalf of cancer patients and stands ready to work with Congress to move this important bill forward.”
The Cancer Drug Parity Act would:
- Prevent insurers from covering oral and self-administered medicines at different cost-sharing rates than IV chemotherapy;
- Not mandate that healthcare plans provide chemotherapy coverage, but rather only apply to plans already covering chemotherapy.
Read a summary of the bill here and full bill text here.
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Sen. Moran, Colleagues Introduce Bill to Correct VA Payments
Forever GI Bill Housing Payment Fulfillment Act would address the VA’s failure to fully comply with reimbursement rates
Dec 12 2018
WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – member of the Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies – joined Senators John Boozman (R-Ark.), Brian Schatz (D-Hawaii), Jon Tester (D-Mont.), Richard Blumenthal (D-Conn.) and Thom Tillis (R-N.C.) to introduce the Forever GI Bill Housing Payment Fulfillment Act. This bipartisan legislation will make certain the Department of Veterans Affairs (VA) reimburses veterans for missed or underpaid Forever GI Bill housing benefits.
“The VA must make every effort to restore confidence with veterans by delivering the care and benefits they have earned,” said Sen. Moran. “The significant problems with the implementation of the Forever GI Bill must be resolved immediately – any further delay is unacceptable and will burden those veterans impacted. This legislation will make certain the VA is working to earn back GI Bill beneficiaries’ trust. I’m proud to be a part of efforts to make the VA worthy of the service and sacrifice of our nation’s heroes.”
The Forever GI Bill Housing Payment Fulfillment Act was introduced to address the VA’s failure to fully comply with reimbursement rates set by the Forever GI bill. The improper payments resulted from IT systems that had not been properly updated and lack of internal processes to get the VA the necessary information about payment rates.
This legislation will direct the VA to:
- End improper payments as soon as possible;
- Establish a team of specialists who will be responsible to report to Congress a detailed plan to correct this egregious error;
- Provide a report to Congress by July 2020 that identifies how many beneficiaries were impacted and to what extent, aggregated by state; and
- Certify the VA is fully compliant with the law.
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