[Congressional Record Volume 164, Number 130 (Wednesday, August 1, 2018)]
[Senate]
[Pages S5580-S5581]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        PETITIONS AND MEMORIALS

  The following petitions and memorials were laid before the Senate and 
were referred or ordered to lie on the table as indicated:

       POM-280. A joint resolution adopted by the Legislature of 
     the State of California urging the United States Congress to 
     require, if necessary, a resolution between the federal 
     Centers for Medicare and Medicaid Services and TRICARE to 
     immediately restore data sharing and to waive the one-year 
     timely filing restriction for all claims caught in this 
     stoppage; to the Committee on Veterans' Affairs.

                     Senate Joint Resolution No. 23

       Whereas, The federal Centers for Medicare and Medicaid 
     Services (CMS), a part of the United States Department of 
     Health and Human Services (HHS), works with the states to 
     fund and implement the Medicaid program, which provides 
     health coverage to millions of Americans, including eligible 
     low-income adults, children, pregnant women, elderly adults, 
     and people with disabilities; and
       Whereas, TRICARE, which is managed by the United States 
     Department of Defense Military Health System, provides 
     civilian health benefits for active duty and reserve military 
     members of the United States Armed Forces, military retirees, 
     and their dependents, and which relies on the Defense 
     Enrollment Eligibility Reporting System (DEERS) computerized 
     database that contains TRICARE eligibility data for these 
     individuals; and
       Whereas, Approximately 1.75 million military veterans, 
     their families, and active duty family members (nearly 1 in 
     10) have TRICARE and Medicaid coverage, including family 
     members of active duty members who qualify under Medicaid 
     income limits, veterans and their families who qualify under 
     Medicaid income limits, disabled veterans and their families, 
     ,and active duty family members that qualify for Medicaid due 
     to disability; and
       Whereas, For individuals who have both TRICARE and Medicaid 
     coverage, TRICARE must pay as primary coverage; and
       Whereas, Historically, identifying individuals with both 
     TRICARE and Medicaid coverage has been a challenging, yet 
     necessary, process, as acknowledged and documented in an HHS 
     Inspector General report, ``Medicaid Third Party Liability 
     (TPL) Savings Have. Increased, But Challenges Remain''; and
       Whereas, Prior to 2017, TRICARE had matched their DEERS 
     eligibility files and provided information back to the states 
     about the individuals who had both TRICARE and Medicaid 
     coverage; and
       Whereas, The agreement to cross-match between CMS and 
     TRICARE has expired and the parties have been unable to 
     reestablish terms to coordinate benefits between the two 
     programs; and
       Whereas, In early 2017, TRICARE ceased its support in the 
     data-match process in which states provide Medicaid enrollee 
     eligibility information to TRICARE in order to identify those 
     Members who have both TRICARE and Medicaid; and
       Whereas, The expiration of the agreement has the effect of 
     preventing the recovery of millions of payments annually 
     where Medicaid erroneously paid, because TRICARE should have 
     paid as primary coverage, resulting in a shift of additional 
     costs from the federal government to the states; and
       Whereas, TRICARE's timely filing limitation precludes 
     Medicaid from billing a claim that should be TRICARE's 
     responsibility if the service was rendered more than one year 
     prior, resulting in additional annual costs shifting to 
     California and other states; and
       Whereas, TRICARE refuses to share data with, and process 
     eligibility information from, Medicaid managed care 
     organizations that provide care to more than 60 percent of 
     all Medicaid members nationally. It is estimated that 
     millions of dollars annually paid in claims should have been 
     TRICARE's responsibility, not Medicaid managed care 
     organizations resulting in even more cost shifting to the 
     states and leading to improper Medicaid capitation payments; 
     and

[[Page S5581]]

       Whereas, Approximately 8.6 percent of TRICARE 
     beneficiaries, or approximately 894,724 uniformed service 
     members and their families, are located in California, and 
     thus it is estimated that California could be paying millions 
     of dollars it is not responsible for if this issue of data 
     sharing between TRICARE and CMS is not resolved; Now, 
     therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature of the State of 
     California urges the United States Department of Defense and 
     the United States Department of Health and Human Services to 
     implement, and the United States Congress to require, if 
     necessary, a resolution between the federal Centers for 
     Medicare and Medicaid Services and TRICARE to immediately 
     restore data sharing and to waive the one-year timely filing 
     restriction for all claims caught in this stoppage; and be it 
     further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, the Speaker of the House of Representatives, 
     the Minority Leader of the House of Representatives, the 
     Majority Leader of the United States Senate, the Minority 
     Leader of the United States Senate, and to each Senator and 
     Representative from California in the Congress of the United 
     States.
                                  ____

       POM-281. A joint resolution adopted by the Legislature of 
     the State of California urging the United States Congress to 
     act favorably in regard to legislation to have the Mare 
     Island Naval Cemetery transferred to the Department of 
     Veterans Affairs and that the National Cemetery 
     Administration restore the cemetery to national cemetery 
     standards and provide for perpetual care of the facility as 
     dictated by those standards; to the Committee on Veterans' 
     Affairs.

                     Senate Joint Resolution No. 26

       Whereas, The Mare Island Naval Cemetery is the oldest 
     military cemetery on the West Coast, and the final resting 
     place for over 900 veterans; and
       Whereas, The cemetery is a national sanctuary and should be 
     maintained to the highest standards in honor of the military 
     heroes who are buried there; and
       Whereas, The Navy was forced to close the Mare Island 
     facility under the United States government's Base 
     Realignment and Closure program in 1996 and deeded portions 
     of Mare Island's physical property and facilities, including 
     the Mare Island Naval Cemetery, to the City of Vallejo; and
       Whereas, The Navy did not provide funds to maintain and 
     provide for the perpetual care of the cemetery, and therefore 
     the cemetery became the City of Vallejo's responsibility; and
       Whereas, The City of Vallejo has experienced significant 
     financial difficulties and has been unable to maintain the 
     cemetery to the standards expected of a facility where 
     veterans are laid to rest, which has resulted in a continual 
     deterioration of the site since 1996; and
       Whereas, The South Napa earthquake added to the physical 
     deterioration of the cemetery by knocking down some 
     headstones and breaking others; and
       Whereas, The National Park Service, in May 1975, listed 
     Mare Island Naval Shipyard as a National Historic Landmark, 
     and a park with hiking paths has been established at the 
     western end of the island where the cemetery is located; and
       Whereas, A petition has been created by veterans and 
     concerned visitors with over 54,000 signatures, encouraging 
     United States Department of Veterans Affairs (VA) ownership 
     and the restoration of the cemetery; and
       Whereas, The City of Vallejo does not have the funds to 
     restore the cemetery and has formally requested the federal 
     government reassume ownership of the cemetery, without 
     compensation to the city; and
       Whereas, Representative Mike Thompson has introduced 
     legislation (H.R. 5588) in the United States House of 
     Representatives that will direct the United States Secretary 
     of Veterans Affairs to seek an agreement with the City of 
     Vallejo, under which the city would transfer control of the 
     Mare Island Naval Cemetery to the VA; now, therefore, be it
       Resolved by the Senate and the Assembly of the State of 
     California, jointly, That the Legislature urges the Congress 
     of the United States to act favorably in regard to 
     legislation to have the Mare Island Naval Cemetery 
     transferred to the United States Department of Veterans 
     Affairs and that the National Cemetery Administration restore 
     the cemetery to national cemetery standards and provide for 
     perpetual care of the facility as dictated by those 
     standards; and be it further
       Resolved, That the National Cemetery Administration provide 
     continuing care for those interned in the cemetery, including 
     those who are not veterans or eligible family members; and be 
     it further
       Resolved, That the Secretary of the Senate transmit copies 
     of this resolution to the President and Vice President of the 
     United States, to the Speaker of the House of 
     Representatives, to the Majority Leader of the Senate, and to 
     each Senator and Representative from California in the 
     Congress of the United States.
                                  ____

       POM-282. A resolution adopted by the Lauderdale Lakes City 
     Commission, Lauderdale Lakes, Florida urging the rapid 
     reunification of families separated as a result of the 
     Administration's immigration policy; to the Committee on the 
     Judiciary.
       POM-283. A resolution adopted by the Lauderdale Lakes City 
     Commission, Lauderdale Lakes, Florida expressing its concern, 
     condemnation and outrage at and rejection of the 
     implementation of the Administration's current immigration 
     policies, particularly those which encourage and sanction the 
     separation of families, and urging the United States Congress 
     to forthwith take such steps as shall be appropriate to 
     publicly condemn such policies and enact appropriate action 
     to reverse the continuing application thereof; to the 
     Committee on the Judiciary.
       POM-284. A resolution adopted by the City Council of the 
     City of Solana Beach, California memorializing its opposition 
     to the Administration's zero tolerance policy, and any 
     federal policy that removes children from families of 
     immigrants who are seeking to enter our country; to the 
     Committee on the Judiciary.
       POM-285. A petition from a citizen of the State of Texas 
     relative to constructing a physical barrier between the 
     United States and foreign nations; to the Committee on 
     Homeland Security and Governmental Affairs.

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