Legislature's Appropriations Committee going back to work

The 2010-2011 budget passed by the Legislature called for the Joint Standing Committee on Appropriations and Financial Affairs to recommend additional budget cuts. The Appropriations Committee will be meeting over the summer and will present a plan to the full Legislature during the Second Regular Session, which begins in January. While the budget called for the Appropriations Committee to find $30 million in savings, recent decreases in state revenue may require the committee to make larger cuts. For more information, including a schedule, visit the Appropriations Committee website. email from Rep. Cotta, House District 55, Albion, Benton, China, Unity Plantation

Paxil CR® settlement e-Alert

July 9, 2009 If you took Paxil CR® at anytime between April 1, 2002 and March 4, 2005, you may · be eligible to file a claim worth $50 - $150; · be able to help improve a settlement affecting millions of Paxil CR consumers nationwide. The lawsuit and settlement: A proposed settlement in a class action lawsuit will allow consumers who took defectively manufactured or 'split' Paxil CR® tablets to file claims for $10 per split pill that they purchased, with a minimum of $50 and maximum of $150. Unfortunately PAL feels that the proposed settlement is unfair to consumers, because it · allows left over funds to be returned back to the drug manufacturer, GlaxoSmithKline (GSK). · places a maximum of $150 on consumer claims, even if consumers took more than 15 of the 'split' Paxil CR® pills. · requires consumers making claims for more than $50 (for more than 5 split pills) provide a receipt, rather than simply sign a statement that their claim is truthful. If you paid for Paxil CR® between April 1, 2002 and March 4, 2005, please contact PAL as soon as possible at 617-275-2824 or PAL@communitycatalyst.org. Please help us improve this settlement on behalf of Paxil CR® consumers nationwide! Why get involved? Because this settlement does not allow consumers to be fairly compensated and potentially allows the defendant drug company, GSK, to be refunded millions of dollars from the settlement fund. PAL needs your help to make this settlement more beneficial to consumers just like you! Remember to file a claim: If you paid for (in whole or in part) Paxil CR® between April 1, 2002 and March 4, 2005 you may be eligible to receive up to $150 from the settlement. If you were prescribed any split or otherwise defective Paxil CR® tablets and would like to make a claim you can call 1-866-458-3186 or visit . The deadline to file a claim is August 10, 2009. Additional information on the Paxil CR lawsuit and settlement. The lawsuit is called Simonet v. SmithKline Beecham Corp, No 06-1230-GAG, and is filed in U.S. federal District Court in Puerto Rico. The lawsuit alleges that Paxil CR® tablets made at a GlaxoSmithKline (GSK) plant in Puerto Rico were manufactured in a way that allowed them to 'split apart.' This prevented the 'controlled release' nature of the pills from working -- a 'split' tablet could release the full dose of Paxil all at once, or make the pills ineffective (because the active ingredients were broken down by acid in the stomach). In the proposed settlement agreement, the maker of Paxil CR®, GlaxoSmithKline, agreed to pay up to $28 million to settle the lawsuit, with 60% of the funds going to consumers, and the rest to reimburse insurance plans that paid for Paxil CR®. If you took a split Paxil CR® tablet, or believe that you may have done so, between April 1, 2002 and March 4, 2005, you may be able to help Paxil CR® consumers nationwide by contacting PAL. We are a non-profit consumer focused organization dedicated to promoting consumer access to needed prescription drugs, and to representing consumer interests in litigation concerning such prescription drugs. There is no cost to helping us make improvements to this settlement. Prescription Access Litigation (PAL) has objected to the settlement for the following reasons: Under the current proposal, all of the $16.8 Million left over after paying the consumer claims that are received would go back to the defendant, GSK. This allows GSK to get away with their alleged defective manufacturing without paying for the release of consumers' claims for monetary damages. Instead, PAL believes the money should be used to benefit the consumers who took split Paxil CR® tablets but who do not hear about this opportunity to file a claim. (Traditionally, prescription drug consumers are so hard to identify, less than 10% of them ever file a claim.) Such a use of these left-over consumer funds, called by the legal term 'cy pres' meaning 'as close as possible,' could include supporting consumer education, advocacy, or other uses that benefit those absent Paxil CR® consumers who don't file a claim. Under the current proposal, consumers may file a claim for $10 per split pill they purchased, with a maximum of $150 no matter how many pills they took. PAL believes that this limit of $150 is arbitrary and should be increased. Under the current proposal, a consumer filing a claim asserting that they purchased more than 5 (five) split Paxil CR® tablets must provide proof in the form of a written prescription, receipt, cancelled check, credit card statement, explanation of benefits form from their insurance company, or a letter from their physician. Instead, PAL proposes that consumers should only be required to sign the claim form stating that their claim for a $10 reimbursement of up to 15 tablets is truthful. About PAL: Prescription Access Litigation, LLC, is a non-profit organization dedicated to making prescription drugs more affordable and reforming the drug industry, through consumer education and litigation. Members of the PAL coalition of over 130 organizations nationwide have served as plaintiffs to help bring more than 30 class action lawsuits challenging illegal tactics by the drug industry. PAL is a project of Community Catalyst, a non-profit organization building a strong consumer voice in health care reform. See www.communitycatalyst.org. For more information. see www.prescriptionaccess.org, or contact us at pal@communitycatalyst.org. You can give us a call at 617-275-2824 or write to us at c/o Community Catalyst, 30 Winter Street, 10th Floor, Boston, MA 02108. from Consumers for Affordable Health Care

Fair Pay for Caregivers

a New York Times editorial Published: July 8, 2009 Change is too slow coming for the nation’s one million home care aides. In 2007, the Supreme Court unanimously upheld a 1975 federal labor regulation that defines home care aides as “companions.” That definition exempts home care employers — often for-profit agencies — from having to pay the federal minimum wage or time and a half for overtime. In explaining their decision, the justices pointed out that the law gives the Labor Department, not the court, the power to change the regulation. Yet, more than two years later, the regulation still stands. Last month, 15 senators sent a letter to Hilda Solis, President Obama’s labor secretary, urging her to eliminate the “companion” exemption. A month earlier, 37 House members sent a similar letter. But beyond a statement from Ms. Solis expressing concern and pledging to look into the matter, there has been no progress. Not surprisingly, home care aides — who typically help to feed, dress and move their elderly and disabled clients, in addition to keeping house for them — remain among the most underpaid and overworked in the labor force. They usually manage to make above the nationwide minimum wage ($6.55 an hour now, rising to $7.25 an hour later this month), in large part because many states impose higher minimums than the feds. Still, most make below $10 an hour. And they are routinely denied overtime pay. Federal rules do not demand it, and only 16 states and the District of Columbia require any extra pay for extra work. Lack of overtime pay is especially unjust in the home care field because extra long shifts, including overnight stays, are common. Taxpayers ultimately make up for the low pay because many home care aides rely on food stamps and other public assistance. The public pays in other ways, too: turnover is high, undermining the quality of care and driving up overall costs. The Labor Department got off to a slow start when Republican senators held up Ms. Solis’s confirmation, in part, to protest her support for unions. But further delay raises the danger that the plight of home care aides will get mired in the broader debate over health care costs. Another danger is that industry opposition to better pay will gain renewed traction in today’s troubled economy. Some home care employers say that having to pay extra for overtime could drive them out of business. In states where varying degrees of wage and overtime protections are in place for home care aides, that has not been the result. And a business model that relies on denying overtime pay to the work force is unacceptable. When the Labor Department issues a new rule, there is a comment period, generally three months. That should be enough time to deal with legitimate concerns, like how to help states whose Medicaid home care budgets are based on the previous pay practices. Home care aides should not have to wait any longer than that for the fair pay they have been denied for so long. It is great when a leading newspaper is on our side! Thanks NYT! The Direct Care Alliance is the main force behind changing the Fair Labor Standards Act to ensure that home care workers make at least minimum wage and are paid time and a half for overtime. When the DCA was in Washington, DC back in April, we were working to gain House support. "A month earlier, 37 House members sent a similar letter..." that was us, the DCA in DC, getting representative to sign on.

JOIN THE LARGEST HEALTH CARE MARCH IN MAINE HISTORY...

HEALTH

&

JUSTICE

july 18th - 1pm monument square – portland - maine

NOW IS THE TIME for HEALTH CARE REFORM!

For more info or for a ride contact:

HealthandJustice@gmail.com (207) 344-7540

Sponsored by:

Health Care for America Now! – SEIU Change that Works Maine People’s Alliance – AFSCME -- MSEA / SEIU 1989

The League of Young Voters

Join an Online Conversation About Women and Caregiving

Readers of the DCA’s blog and newsletter are invited to share their thoughts and experiences about women and caregiving on the Feminism2.0 website, which is hosting an extended online discussion of the topic this month. A Twitter conversation on the same topic is also open to anyone who has or wants to start a Twitter account. “We are looking for insights, comments, and expertise,” said a Feminism2.0 organizer in an email to the DCA. “We are looking for personal stories to illustrate the human experience of caregiving and to build a sense of solidarity among all caregivers.” Feminism 2.0 is partnering with the National Family Caregivers Association and the Christopher and Dana Reeve Foundation to host the online discussion, which seeks answers to questions like: What is caregiving in all its shapes and forms? What role does it play in women’s lives? What can be done, or what changes need to happen, to facilitate caregiving? Blog posts or links to posts on other blogs that are sent to info@fem2pt0.com by July 13 will be published as part of the discussion. To participate in a Women and Caregiving Twittercast on Monday night, July 13, at 10 PM EST, go to hashtag #fem2 (visit Feminism 2.0 to learn how to join a Twittercast.) Elise Nakhnikian Communications Director Direct Care Alliance From the DCA blog, posted because there may be some 771 caregivers interested in participating.

Testifying for Consumer Choice: A Direct Care Worker’s Perspective

My name is Ted Rippy. I am a direct care worker, a consumer advocate, and a union organizer for Local 771 MSEA-SEIU, a union for direct care workers here in Maine.

It is my pleasure to work with Helen Hanson. I met Helen through Local 771 – she’s the president and I’m the secretary. One of my favorite stories about Helen is what happened when I first met her. I asked her to keep me busy and the next thing I knew, I was on a jet plane to Chicago!

I’ve been working with Helen and other direct care workers on some of the bills before the Maine senate, legislature, and Department of Health and Human Services. I was at the meeting with Hannah Pingree about LD1059, the health care for health care workers bill. I also helped advocate for LD1364, the bill to increase hourly wages to $12 for home care workers. But what I’d like to share with you today is my testimony on behalf of a bill I advocated for along with Helen, other union members, members of AARP, and health care consumers.

I feel good about my testimony in support of LD 1078 because I just recently got started on this kind of activity, and because I felt like we were heard — the bill was signed into law by Governor Balducci on June 8 with just one small change.

LD 1078 gives consumers of log-term care control over the kind of care they receive. One of the best things about it was the presentation of the bill by Representative Matt Peterson, a healthy consumer himself, who rolled ito the state house in his wheelchair. As I told the committee in my testimony (PDF): “We need a system that is accessible and responsive to the needs of Maine people and can serve our citizens in the way they deserve. We also need a system that respects and rewards the work of direct care workers just like me and others here today for the skilled work and service we deliver.”

By the way, Helen recommended me for the second class of the Voices Institute’s National Leadership Program and I was accepted. I am very excited about what we ca do together. I can’t wait to make our next move!

Ted Rippy, direct care worker

This is 771's own Ted Rippy! Way to go Ted!!

This post originally appears on the Direct Care Alliance's website

ACTION ALERT

from Health Care for Health Care Workers

YOUR VOICE IS NEEDED

CALL YOUR MEMBERS OF CONGRESS

Congress is aiming to pass health reform legislation THIS MONTH, and we need to make sure what's passed works for direct-care workers.

So I'm asking you to do two things:

(1) Email your senators and representative right now, and tell them to support coverage that is good for America's 3 million direct-care workers. Find your legislators' contact information.

(2) Call your members of congress tomorrow, Wednesday, July 8, and be a part of the national call-in day organized by Health Care for America Now! Call 1-877-264-HCAN.

Tell them it's time that all direct-care workers in this country have coverage that is:

* Accessible to all individuals regardless of their family status, their employment status, or how many hours a week they work

* Adequate, with a full range of benefits and services to protect older workers, those with chronic health conditions, and injured workers

* Simple, easy to understand and enroll in; and

* Choice, offers consumers a choice of a private or public health insurance plan.

The more real people they hear from, the more we can fight the organized industry opposition that doesn't have the interests of working families at heart.

Thanks for all you do to support direct care workers. What's good for direct care workers will be good for America!

Call 1-877-264-HCAN on Wednesday, July 8!