Extensions of Remarks E391 HON. MARK R. KENNEDY HON
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March 16, 2006 CONGRESSIONAL RECORD — Extensions of Remarks E391 members and their families live in housing the HONORING MS. KATHY ALJOE icaid Services (CMS) DSH policy as a viola- Navy obtained when Ft. Sheridan and Naval tion of the Medicare statute. In CMS’ 2000 policy statement announcing the inclusion Air Station Glenview, located well away from HON. MICHAEL C. BURGESS of certain expansion population individuals North Chicago, were closed in the 1990’s. OF TEXAS in the DSH formula, CMS stated that these These former bases are located within the IN THE HOUSE OF REPRESENTATIVES individuals would only be included in the DSH calculation prospectively. Hospitals boundaries of other school districts—districts Thursday, March 16, 2006 that bear the economic cost of educating chil- challenged the prospective nature of the pol- icy and were awarded compensation for pa- dren from a base, but receive none of the eco- Mr. BURGESS. Mr. Speaker, I rise today to honor the service and commitment of Ms. tients treated prior to 2000. nomic benefits a base provides. Thus, it is vi- At the recommendation of CMS, Congress Kathy Aljoe of Flower Mound, Texas. Ms, tally important that we both ensure North Chi- included a provision in the DRA ratifying Aljoe’s zealous and passionate spirit towards cago continues to receive heavily impacted the 2000 policy and its prospective applica- community service warrants recognition. Re- payments for the benefit of students living tion. Tennessee hospitals expressed concern cently, she retired as the town’s longest- that court decisions directing CMS to pay there, and that the surrounding communities tenured employee after 31 years of service. retroactively could be appealed with the new are more fairly compensated for their loss of Kathy Aljoe started working for the City of law. During the reconciliation process, how- property taxes. Flower Mound on July 16, 1975 as an admin- ever, CMS continually assured Congressional staff verbally, and by electronic communica- Mr. Speaker, we cannot abdicate our re- istrative assistant to the town manager. When tion, that hospitals which had been success- sponsibility towards our military families. I Ms. Aljoe started working for Flower Mound, ful in litigation would still receive payment. have already introduced a bill this Congress, she was one of only seven town employees— CMS asserted that the new provision would H.R. 390, the Government Reservation Accel- Flower Mound only had 1,600 residents, The not affect decided cases and would only be erated Development for Education Act town now has grown to 62,000 residents, and applied prospectively. Kathy has had her hand in many parts of the In its Motion, however, HHS cites the DRA (GRADE–A), to fully fund the Impact Aid pro- as support for the reversal of the Cookeville gram. However, the situation in my district development throughout her career, in par- decision. There is no mention that the regu- warrants special attention. In order to ensure ticular with the planning services division. Ms. lation should only apply prospectively. In that our students most in need continue to re- Aljoe’s work has been so influential, that the fact, HHS’ position suggests that recalcula- Town of Flower Mound has announced Feb- tion of the DSH formula should not have ceive necessary resources, I have introduced ruary 24th as Kathy Aljoe Day. been required. Congress intended that this a new bill to help North Chicago remain quali- Mr. Speaker, it is with great honor that I provision would only be used prospectively. fied for heavily impacted payments, and Glen- stand here today to recognize Ms. Kathy Thus, hospitals that had been successful in litigation prior to passage of the DRA would view and Highland Park receive fair com- Aljoe, who has dedicated her career to her pensation. still receive payment. Considering the argu- community. Ms. Aljoe’s admirable commitment ment made by HHS rests upon the DRA, and By passing this bill, the federal government to the Town of Flower Mound is greatly appre- that it was our understanding that this pro- will be fulfilling its responsibility to these com- ciated. I am honored to represent her in Con- vision would not be used to appeal decided munities, and giving our military families the gress, and I hope that others will follow in her cases, we request further explanation of steps of service to their community. what we believe to be a serious support they deserve. I urge the local commu- miscommunication by CMS. nities to continue to work to come to an agree- f Thank you for your time and attention. We look forward to your prompt response. ment that most importantly, takes care of our TENNESSEE CONGRESSIONAL DEL- students . Sincerely, EGATION LETTERS TO ATTOR- William H. Frist, M.D., Majority Leader, NEY GENERAL ALBERTO United States Senate, Zach Wamp, f GONZALES John Duncan, Jr., Jim Cooper, Marsha Blackburn, Harold Ford, Lamar Alex- TRIBUTE TO MINNESOTA NA- ander, William L. Jenkins, Lincoln TIONAL GUARD’S 1ST BRIGADE HON. JIM COOPER Davis, Bart Gordon, John Tanner, Mem- COMBAT TEAM OF TENNESSEE bers of Congress. IN THE HOUSE OF REPRESENTATIVES Thursday, March 16, 2006 CONGRESS OF THE UNITED STATES, HON. MARK R. KENNEDY Washington, DC, March 10, 2006. Mr. COOPER. Mr. Speaker, I would like to Hon. MICHAEL O. LEAVITT, OF MINNESOTA insert into the RECORD letters that the entire Secretary, U.S. Department of Health and Tennessee Congressional Delegation recently IN THE HOUSE OF REPRESENTATIVES Human Services, Washington, DC. sent to Alberto Gonzales, Attorney General of DEAR SECRETARY LEAVITT: We are writing Thursday, March 16, 2006 the United States and Michael O. Leavitt, Sec- to express our deep concern regarding the re- retary of the Department of Health and Human cent Motion filed by the Department of Mr. KENNEDY of Minnesota. Mr. Speaker, I Health and Human Services (HHS) to alter Services. These letters discuss the case of the judgment in the case of Cookeville v. express today my strong support and appre- Cookeville v. Thompson and Section 5002 of Thompson based on Section 5002 of the Def- ciation for the 2,600 soldiers of the Minnesota the Deficit Reduction Act of 2005. The U.S. icit Reduction Act of 2005 (DRA). As you will National Guard’s 1st Brigade Combat team as District Court decision in this case awarded 15 recall, the U.S. District Court decision in they prepare to depart Camp Shelby, Mis- Tennessee hospitals up to $100 million in this case awarded 15 Tennessee hospitals up sissippi for Iraq. Medicare Disproportionate Share Hospital pay- to $100 million in Medicare Disproportionate ments. Share Hospital (DSH) payments. As the 1st Brigade heads overseas for their The U.S. District Court’s ruling, which is 12 month deployment, we will remember not CONGRESS OF THE UNITED STATES, now being challenged, was based on its rejec- Washington, DC, March 10, 2006. just their service and sacrifice, but also that tion of the Centers for Medicare and Med- Hon. ALBERTO GONZALES, each and every one of these soldiers has a icaid Services (CMS) DSH policy as a viola- Department of Justice, tion of the Medicare statute. In CMS’ 2000 family who is also sacrificing for their country’s Washington, DC. policy statement announcing the inclusion security in the War on Terror. DEAR ATTORNEY GENERAL GONZALES: We of certain expansion population individuals are writing to express our deep concern re- Today these soldiers and their families are in the DSH formula, CMS stated that these garding the recent Motion filed by the De- individuals would only be included in the showing us their commitment to their Nation’s partment of Health and Human Services DSH calculation prospectively. Hospitals security and safety. (HHS) to alter the judgment in the case of challenged the prospective nature of the pol- Let us make sure we show them ours by Cookeville v. Thompson based on Section icy and were awarded compensation for pa- 5002 of the Deficit Reduction Act of 2005 tients treated prior to 2000. giving them the tools and support they need to (DRA). As you will recall, the U.S. District At the recommendation of CMS, Congress do their jobs and return home quickly and Court decision in this case awarded 15 Ten- included a provision in the DRA ratifying safely. nessee hospitals up to $100 million in Medi- the 2000 policy and its prospective applica- As these brave soldiers depart over St. Pat- care Disproportionate Share Hospital (DSH) tion. Tennessee hospitals expressed concern payments. that court decisions directing CMS to pay ricks day, may all our prayers and the luck of The U.S. District Court’s ruling, which is retroactively could be appealed with the new the Irish be with them. May they come home now being challenged, was based on its rejec- law. During the reconciliation process, how- safely. tion of the Centers for Medicare and Med- ever, CMS continually assured Congressional VerDate Aug 31 2005 02:32 Mar 18, 2006 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A16MR8.030 E16MRPT2 ycherry on PROD1PC64 with REMARKS.2 E392 CONGRESSIONAL RECORD — Extensions of Remarks March 16, 2006 staff verbally, and by electronic communica- Mrs. Johnson attributes her success first to EMERGENCY SUPPLEMENTAL AP- tion, that hospitals which had been success- God and a strong foundation from her parents, PROPRIATIONS ACT FOR DE- ful in litigation would still receive payment. and the support from her husband and chil- FENSE, THE GLOBAL WAR ON CMS asserted that the new provision would TERROR, AND HURRICANE RE- not affect decided cases and would only be dren. She is an active member of her church applied prospectively.