FederalDaily - August 28, 2006

Group Files Suit Against CMS Over Part D

A public interest group filed a lawsuit against the Centers for Medicaid and Medicare Services (CMS) over limits that CMS places on the information healthcare providers release to senior citizens seeking advice on the new Medicare Part D Prescription Drug Plans (PDPs). The Washington Legal Foundation (WLF) filed suit Aug. 24 in U.S. District Court for the District of Columbia against CMS claiming such a ban is a violation of the First Amendment right to free speech. In Marketing Guidelines first issued in August 2005, CMS imposed severe restrictions on the dissemination of information about PDPs—not only by the PDPs themselves, but also by other organizations and individuals involved in the healthcare delivery field, WLF said. The result is that Medicare beneficiaries often cannot obtain meaningful advice regarding which plan best suits their needs, WLF said. WLF’s suit charged that by controlling the distribution of information about Part D options, CMS is violating the First Amendment rights of WLF members and supporters who wish to obtain such information. For more info, go to www.wlf.org/upload/082406RS.pdf.

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Lawmaker Decries Oversight in Katrina Relief

Rep. Scott Garrett R-N.J., sharply criticized the federal Hurricane Katrina relief effort following the testimony of Government Accountability Office (GAO) auditors which showed widespread abuse of the Department of Homeland Security’s Purchase Card Program. The GAO found numerous oversight failures by the Federal Emergency Management Agency (FEMA) which cost taxpayers billions of dollars and kept storm victims from getting the money they needed to rebuild, Garrett said on Aug. 23. Auditors discovered 45 percent of the purchase card transactions were not authorized correctly, and 63 percent were without evidence that goods or services were received. For example, there was $170,000 worth of technology purchases that were lost or could not be accounted for—including 107 laptops, 22 printers and two global positioning system units. Furthermore, auditors found FEMA paid double the retail price for 20 flat-bottom boats—12 of which can’t be located or accounted for. To see a copy of Garrett’s remarks, go to: http://garrett.house.gov/News/DocumentSingle.aspx?DocumentID=49102.

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Feds Ease Up on Air Marshal Dress Code

Federal Air Marshal Service (FAMS) Director Dana Brown issued a new directive easing the air marshal dress code and allowing agents to choose their own hotels in order to protect their anonymity while on missions. Brown, who circulated the memo to air marshals on Aug. 24, said he was changing the rules, starting Sept. 1, after listening to air marshals' concerns. Marshals had complained the existing too-formal dress code allowed people to pick them out from among other passengers. The marshals said they were forced to wear a jacket and collared shirt even on flights to vacation hotspots like Hawaii, according to published accounts. The new rules will allow the marshals to dress to blend in and not call attention to themselves, according to published reports. To see more, go to: www.tsa.gov/lawenforcement/mission/policy-update.shtm.

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