CONYERS: House Democrats to Trump Administration: Florida Nursing Home Tragedy Is a Wake-Up Call to Protect the Fundamental Rights of Residents Against Abuse

WASHINGTON – In the wake of disturbing reports of the neglect of nursing home residents in the wake of Hurricanes Harvey and Irma, 46 members of Congress called on Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma to maintain current protections for elder Americans against abuse in nursing homes.

In Florida, 12 residents died and more than 100 were hospitalized after a long-term care facility failed to evacuate residents after losing air conditioning in the aftermath of Hurricane Irma. In Texas, similar abuse occurred at a facility that refused to evacuate despite severe flooding. The letter is led by Representatives David N. Cicilline (RI-01), John Conyers, Jr. (MI-13), Henry C. “Hank” Johnson, Jr. (GA-04), Jerrold Nadler (NY-10), Linda Sánchez (CA-38), and Suzanne Bonamici (OR-01).

They wrote: “The horrific reports of abuse at facilities in Florida and Texas in the wake of Hurricanes Irma and Harvey underscore the need for your agency to reconsider upending the legal protections of those who have worked and saved for their entire lives to retire with dignity. This is a time when we should be protecting our nation’s seniors, not rolling back their fundamental right to hold wrongdoers accountable for neglect and abuse.”

Last year under the Obama Administration, CMS finalized a strong rule that prohibited the use of pre-dispute, mandatory (“forced”) arbitration clauses in nursing home admission agreements.

Nursing-home residents stand to lose virtually every cause of action against unscrupulous caregivers unless these current protections against forced arbitration in nursing-home admission contracts are preserved.

As the letter notes, following an extensive notice-and-comment rulemaking process, CMS determined that forced arbitration undermines the ability of health investigators to prevent and remedy abuse in nursing homes.

But under the Trump Administration, CMS has already begun the process to end this protection.

The letter follows a letter from House Democrats—including Representatives Johnson, Cicilline, Conyers, Nadler, and Sanchez—in 2015 that called on CMS to adopt these protections.

The group of House Democrats denounced plans by CMS Administrator Verma to roll back existing protections, writing “Americans in nursing homes deserve better. It is vital that residents and their families are able to enforce their rights and hold nursing home operators accountable for dangerous facility conditions and the inhumane treatment of residents. We strongly urge CMS to protect the health and safety of nursing home residents, particularly in light of recent events, by maintaining the current prohibition of forced arbitration clauses in nursing home admission contracts.”

Congressional Letter To CMS On Nursing Home Protections 10032017 by Beverly Tran on Scribd

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CONYERS With Inkster Mayor Byron Nolan, Police Chief William Riley, Students and Seniors

"A little over a week ago, I met with Mayor Nolan and Police Chief Riley from the city of Inkster to discuss police and community relations. The Mayor also hosted a luncheon after our meeting with seniors and students from the community." said Conyers

Inkster Mayor Byron Nolan and Police Chief William Riley

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Conyers Flags $301 Million in Prescription Drug Savings for Michigan Seniors Under the Affordable Care Act

(DETROIT) – Today, the Centers for Medicare & Medicaid Services (CMS) released new data showing that seniors and individuals with disabilities who have Medicare prescription drug plan coverage have saved $8.9 billion on prescription drugs due to provisions in the Affordable Care Act (ACA) that closed the “donut hole” coverage gap in Medicare Part D. In Michigan, 142,120 individuals with disabilities and seniors saved more than $142 million on prescription drugs in 2013 alone – an average of more than $1,000 for each beneficiary – and more than $301 million since passage of the Affordable Care Act. After the release of this new data, Congressman John Conyers, Jr. (D-Mich.) issued the following statement:

U.S. Representative
John Conyers, Jr.

“Prior to the implementation of the Affordable Care Act, seniors and individuals with disabilities who were enrolled in Medicare Part D – the prescription drug benefit program – ran the risk of falling into the ‘donut hole’ coverage gap that would send out of pocket expenses for prescription drug benefits skyrocketing. Thanks to the Affordable Care Act, the ‘donut hole’ has been closed, saving seniors as well as people with disabilities millions on prescription drug benefits. In Michigan alone, 142,120 individuals have saved more than $301 million since the enactment of the Affordable Care Act, with an average beneficiary saving more than $1,000 each. It is clear that the historic Affordable Care Act is already having a positive impact in aiding consumers and reshaping our previously broken healthcare system,” said Conyers.

Under the discount program in the Affordable Care Act, in 2010, anyone with a Medicare Part D prescription drug plan who reached the prescription drug ‘donut hole’ got a $250 rebate. In 2011, beneficiaries who landed in the ‘donut hole’ began receiving discounts on covered brand-name drugs and savings on generic drugs. Next year, Medicare Part D participants who fall into the ‘donut hole’ will receive savings of about 53 percent on the cost of brand name drugs and 28 percent on the cost of generic drugs. These savings and Medicare coverage will gradually increase until 2020, when the ‘donut hole’ will be closed.

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The Annual Open Enrollment period for health and drug plans began on October 15 and ends on December 7. For more information on Medicare Open Enrollment and to compare benefits and prices of 2014 Medicare health and drug plans, please visit:http://www.cms.gov/Center/Special-Topic/Open-Enrollment-Center.html.

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Conyers Opposes Republican Plan to Protect Millionaires and Cut Social Security Benefits

(WASHINGTON) – Today, Representative John Conyers, Jr. (D-Mich.) issued the following statement criticizing Speaker Boehner’s refusal to accept a balanced approach to avert the end-of-year automatic spending cuts and tax increases, as well as the Speaker’s decision to include Social Security benefit cuts in these discussions:

“Despite clear evidence that the American people support balancing the deficit by requiring the wealthy to pay their fair share in taxes, Speaker Boehner announced a plan today that would allow millionaires to keep their tax cuts,” said Conyers.

“This so-called ‘Plan B’ is not a balanced approach to deficit reduction and it should be rejected.   

“I resent that Speaker Boehner has chosen to put cuts to Social Security benefits for current and future retirees on the table as a way to resolve the budget crisis.

“The change in the way Social Security calculates yearly cost-of-living-adjustments, called ‘Chained CPI,’ would place an increased  burden on elderly Americans - nearly 70 percent of whom rely on Social Security for more than half of their income and whose benefits average less than $15,000 per year.  Under this proposed policy, benefits would be cut by 0.3 percent annually and would increase over time.  As a result, the older and poorer a beneficiary becomes, the larger the benefit cut.

“The fact that Republicans would seriously consider cutting the current and future Social Security benefits of all Americans to benefit the wealthy few is unconscionable and unacceptable.  We cannot ask our seniors and the most vulnerable to bear the burden of deficit reduction.

“If Congress were to pursue this unwise course of action, we would not only be embracing a deeply unpopular policy, but also ignoring the will of the American people. A recent poll by Hart Associates in the days before the November election found that an overwhelming 84 percent of Americans said they did not want their Social Security benefits cut. 104 House Democrats have also already stated their opposition to including Social Security in any deficit reduction package. 

“Any debt deal that cuts Social Security, Medicare, or Medicaid benefits is unacceptable.”

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U.S. Rep John Conyers: America must uphold commitment to seniors

U.S. Rep John Conyers: America must uphold commitment to seniors

U.S. Representative
John Conyers, Jr.

It is important we look back at why we honor the elderly among us for their hard work and wisdom passed down through generations. Since 1963 when President John F. Kennedy led us to officially pay tribute to older citizens, and again in 1980 when President Jimmy Carter changed the name of May to Older Americans Month, we have continued to honor those who are 65 years and older for their many contributions to this great country.

According to the U.S. Census Bureau, as of 2010 there were more than 40 million citizens in the United States who were 65 years of age or older, some 13 percent of our population. Those numbers are expected to more than double by 2050 as more seniors enjoy their golden years in retirement and collect Social Security. It's important that we mention Social Security because seniors' lives are much different now than they were in the 1930s, when hundreds of thousands of elderly people were forced out of their communities and into state-run "poor houses" because of need, injury, or destitution.

America swore we would never return to those shameful days. When the program was developed in 1935, half of all older Americans in this country lived in poverty. Today, that number is down to 10 percent.

Unfortunately, a small but persistent group of current and former elected officials have been stomping around Washington, D.C., trying to slash Social Security benefits in the name of deficit reduction, including through the failed Bowles-Simpson fiscal commission plan.

Recently, billionaire Peter G. Peterson hosted an ultra-exclusive "Fiscal Summit" in Washington. House Speaker John Boehner attended this event and stated that he endorsed the Bowles-Simpson plan.

The irresponsible Bowles-Simpson plan raises the full retirement age for all Americans to 69, cuts Social Security and Medicare benefits for those left most vulnerable by the Great Recession, and changes the formula that has made our Social Security program stand the test of time.

Social Security has a $2.7 trillion surplus in the Trust Fund and is funded completely by the contributions of hard-working Americans. If it isn't broken, don't break it.

We have a choice in this country of whether we will embrace dismantling our social insurance foundations and return our parents and grandparents to poor houses, or reinforce a system generations of Americans built from the ground up.

Our founding fathers and mothers passed down to us a Constitution that has stood the test of time and a country that has seen war, hard times and triumph,while building a sense of resiliency. These are values that Republicans and Democrats share and must remember going forward, because they are values older Americans cherish too.

Previous generations invested in and maintained our Social Security system during their lifetimes, and now it is our turn. Presidents from Roosevelt to Reagan did their part to create and sustain the New Deal. Now, it's is our turn to maintain the system, not to turn it over to reckless Wall Street bankers and hedge fund managers who would gamble away this critical source of retirement security.

Older Americans can give us a glimpse not only into our pasts, but also into the kind of future we want to create for our children and grandchildren. As we honor them, let's recommit ourselves to strengthening and preserving Social Security for future generations.

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Conyers Defends Senior Citizens, Veterans, and Environmentalists’ Access to Courts

For Immediate Release

Date: Tuesday, October 11, 2011 

Contact: Matthew Morgan – 202-226-5543

             

Conyers Defends Senior Citizens, Veterans, and Environmentalists’ Access to Courts

Conyers opposes H.R. 1996, the Government Litigation Savings Act which would limit senior citizens, veterans, and environmentalists’ access to the Courts

(WASHINGTON) – Today, the Subcommittee on Courts, Commercial and Administrative Law held a hearing on H.R. 1996, the “Government Litigation Savings Act”. The bill would prevent our veterans and elderly from recovering their legal fees under the Equal Access to Justice Act, which for 30 years has helped to ensure that senior citizens, veterans, environmental groups, and other non-profit organizations can vindicate their rights against unreasonable governmental action.  House Judiciary Committee Ranking Member John Conyers, Jr. (D-Mich.) released the following statement in response to the hearing:

“H.R. 1996 is yet another flawed measure masquerading as reform that this Committee is considering this Congress”, Conyers said.  “I have three principal concerns with this bill:

               

“First, the legislation may prevent those who are the most needy in our society – namely, senior citizens, veterans, and disabled individuals – from securing legal representation.  Many attorneys take cases pro bono if they know their clients may be able to recover attorneys fees should they prevail.  This explains the critical role that the Equal Access to Justice Act plays with respect to the needy.  It enables them to recover attorneys fees thereby making it easier for them to obtain legal representation.

“For example, more than 2,500 disabled veterans used the Act during fiscal year 2010 to recover their attorneys fees in cases where they successfully appealed a Veterans Administration decision denying them disability benefits.  Without the ability to recover fees, it is doubtful that many of these veterans would have secured legal representation.  

“My second concern is this bill unnecessarily restricts eligibility for awards under the Equal Access to Justice Act.  The Act already limits who is eligible for awards.  For example, businesses with a net worth of $7 million or more are not eligible while individuals with a net worth of $2 million or more are also ineligible.  But H.R. 1996 creates new ill-conceived eligibility standards and prohibits some non-profit organizations from recovering awards under the Act.

“And lastly, I am concerned this bill is purely aimed at restraining environmental groups.  Most, if not all, environmental groups are non-profit organizations.  Many commence lawsuits for injunctive relief to enforce laws and protect the public health.  As a result of this bill, however, many of these organizations,  because they are non-profits, will be deterred from bringing such actions if they cannot recover attorneys fees.  This bill creates yet another hurdle that will make it more difficult to find competent legal representation to enforce complex environmental laws, which protect the water we drink and the lands we enjoy. 

“Contrary to the title of the bill, H.R. 1996 is a thinly disguised effort to prohibit litigation against the Government by environmentalists, veterans, public interest groups, and senior citizens.”

           

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