MILWAUKEE, WI - TOPS Club (Take Off Pounds Sensibly), the nation's oldest weight-loss support organization, has released a new video to help educate people on the dangers of obesity and being overweight. The video also seeks to motivate viewers through a series of dramatic testimonials from TOPS members who have lost substantial weight through the TOPS nutrition and exercise plans and other members' support. The video is available to view at the TOPS website, www.tops.org.

Narrated by Nicholas "Dr. Nick" Yphantides, M.D., M.P.H., an executive medical consultant to the San Diego County Health and Human Services Agency and co-chair of San Diego County's Childhood Obesity Initiative, the video also features interviews with researchers from the TOPS Obesity and Metabolic Research Center at the Medical College of Wisconsin in Milwaukee. TOPS, a nonprofit organization, has been actively involved in the clinical study of obesity since 1965 and has contributed over $6.5 million to the Medical College of Wisconsin in support of these efforts.

According to the Centers for Disease Control (CDC), two-thirds of the U.S. population is now overweight and as many as 72 million adults are considered obese. About one in three American kids and teens is overweight or obese, nearly triple the rate of 1963. Obese children also have an 80% chance of staying obese their entire lives. Research has shown that, for adults, as weight increases, the risks for the following preventable, chronic conditions also increase: coronary heart disease, type 2 diabetes, certain cancers, hypertension, stroke, and more. Obesity costs U.S. companies an estimated $45 billion per year and 39 million lost workdays.

To help temper this trend and increase overall wellness for its members, TOPS promotes lasting, affordable weight management with a philosophy that combines healthy eating, regular exercise, wellness information, and support from others at weekly chapter meetings. Founded and headquartered in Milwaukee, Wis., more than 63 years ago, TOPS has approximately 170,000 members in about 10,000 chapters throughout the United States and Canada.

Recent findings from what is believed to be the largest study of a weight-loss program in the United States indicate that TOPS is effective and associated with clinically significant weight loss among participants who remain in the program for at least one year.

According to a study published in "Obesity," the official journal of The Obesity Society, TOPS members who participated over a consecutive period of one to three years lost between 5.9% and 7.1% of their initial weight. People who remained in the program maintained that weight loss for up to three years.

In addition to regular group meetings designed to reinforce healthy habits, the TOPS program includes a six-week "quick-start" guide, "My Day One," and TOPS' lifestyle guide, "The Choice Is Mine." Membership also includes a one-year subscription to "TOPS News," the organization's members-only magazine.

The researchers noted a substantial difference in cost between nonprofit TOPS and commercial weight-loss programs, like Weight Watchers and Jenny Craig. TOPS' annual membership fee is $26 in the United States and $30 in Canada, plus nominal chapter fees (on average, $5 per month) collected for local chapter expenses. There are no special foods to purchase. Visitors are welcome to attend their first TOPS meeting free of charge. To find a local chapter, go to www.tops.org or call 1-800-932-8677.

As noted in the new video, members of TOPS lost a combined total of 431 tons in 2009. Regular chapter meetings, awards programs, and regional events comprise a system of recognition and positive reinforcement for TOPS members on the wellness journey. Goal weights are set in consultation with members' health-care professionals. About 80,000 members have achieved significant weight loss and are maintaining it with the support of TOPS and the support its members provide for each other. Maintaining one's weight loss is believed to be one of the most challenging parts of successful weight management.

For additional information about TOPS and to view the new motivational video, go to www.tops.org

For more information on the TOPS chapters in your area, visit www.tops.org and click "Find a Meeting." If you would like to speak with a local representative from TOPS, please contact us.

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Introduces bill to attract new providers, train specialists

Washington, DC - Today, Congressman Bruce Braley (IA-01) introduced a bill to bring more health care providers and services to Iowa. The Access to Frontline Health Care Act creates a new loan repayment program to give health care providers incentives to practice in areas such as Iowa where there is a shortage of specialty health care providers.

"I think every Iowan should have access to the full range of comprehensive health care services they need right here in our own state," Braley said.  "Unfortunately, these services are not always available right now because of the shortage of providers in Iowa. This bill will give providers more incentives than ever to practice in underserved places and will give Iowans access to the quality, affordable health care they deserve."

Congressman Braley previously introduced a version of this bill in 2009. It became part of the House version of the health care reform bill, but was not in the Senate version and was not included in the final bill signed into law. Under the loan repayment program created by the Access to Frontline Health Care Act health care providers would commit to practice in a geographic area with a shortage of specialty health care professionals for at least two years in exchange for assistance in repaying student loans.

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MILWAUKEE, WI - Beginning a new fitness program can be tough - but studies show that participating in a program with a friend or loved one can lead to a more successful outcome. As Valentine's Day approaches, consider how inviting your special someone(s) to participate with you on a wellness journey could improve your health and your relationship.

Members of TOPS Club, Inc. (Take Off Pounds Sensibly), the nonprofit weight-loss support organization, have experienced success in reaching their fitness goals by partnering with loved ones and friends to get moving! No matter your goal, losing weight with a friend can be easier than going it alone. In fact, according to a study from the University of Michigan at Ann Arbor, people who work out with friends spend an average of 40 percent more time exercising than those who exercise alone.

TOPS members belong to local chapters, where group support provides positive reinforcement for follow-through on nutrition and exercise programs. Weekly weigh-ins and meetings provide accountability and camaraderie. And when members achieve a goal, they are recognized and celebrate together. The following TOPS members agree.

A chapter in Kansas had an influx of new members last spring who joined at the urging of each other. Linda Culbertson and Judy Harvey joined first. "I had some good success, and started telling everybody I work with that they should join TOPS," says Culbertson.

One month later, Glen Harvey, Judy's husband, joined the fitness fun, followed by Mary Orr, Pam and Chuck Ireland, and finally, Pat Orr, husband of Mary.

Since joining, the group of co-workers and spouses are successful and encouraging to each other. "You feel like you don't want to let the other person down," says Glen Harvey.

Couples who may be looking for a new way to express their love for each other should remember to keep it positive and enjoy time together in their new endeavor towards wellness. Consider these tips for fitness success:

• Be open to trying an activity that is different or completely new for both of you, like salsa classes or indoor rock-climbing. Incorporating new activities adds to your shared interests and helps keep things fresh.
• Try activities you can do side-by-side but at different paces. It's okay to work out on adjoining machines and pick your own level of intensity.
• Do assisted stretches together to increase both of your flexibility.
• Challenge yourself, but don't do too much too soon. The purpose of working out together is getting motivated to go farther than you think you can while spending time together.
• Be supportive, kind, and encouraging. Don't criticize each other.
• Bring the kids, too. Research indicates that family lifestyle influences children's weight. Family walks and pickup games, like basketball and soccer, are good exercise.

TOPS Club Inc. (Take Off Pounds Sensibly), the original, nonprofit weight-loss support and wellness education organization, was established more than 63 years ago to champion weight-loss support and success. Founded and headquartered in Milwaukee, Wisconsin, TOPS promotes successful, affordable weight management with a philosophy that combines healthy eating, regular exercise, wellness information, and support from others at weekly chapter meetings. TOPS has about 170,000 members in nearly 10,000 chapters throughout the United States and Canada.

Visitors are welcome to attend their first TOPS meeting free of charge. To find a local chapter, view www.tops.org or call (800) 932-8677.


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WASHINGTON, D.C. - Senator Tom Harkin (D-IA) today announced that the University of Iowa has been awarded two separate grants totaling $949,079 to perform medical research.  The funding was awarded by the National Institutes of Health.  Senator Harkin is Chairman of both the Senate Health Committee and the Appropriations subcommittee that funds health and medical research programs.  

"Today's funding will help the University of Iowa stay at the forefront of critical medical research," said Harkin. "These projects will accelerate research in their respective areas, and help improve our understanding of the afflictions so many Americans face.  Congratulations to the University on receiving this funding."  

Information on the grants follows.

$374,100 for allergy, immunology and transplantation research. Specifically, the funding will be used to study ECF Sigma Factors and the Cell Envelope Stress Response of Clostridium difficile.  The National Institute of Allergy and Infectious Diseases is the awarding agency.

$574,979 for mental health research. Specifically, the funding will be used to study Combined Illness Management and Psychotherapy in Treating Depressed Elders. The National Institute of Mental Health is the awarding agency.

WASHINGTON, D.C. - Sen. Tom Harkin (D-IA) today made the following comments on the Senate floor about the importance of health reform and the consequences of repealing the law. The Senate is expected to vote on a Republican amendment that would repeal the Affordable Care Act, the health reform bill that was signed into law last year. Repeal would deprive millions of Americans of important protections against insurance companies, raise health costs, cut funding to rural hospitals in Iowa, and, according to the non-partisan Congressional Budget Office, increase the federal deficit by $230 billion by 2021.  Harkin's remarks, as prepared for delivery, are below.  Harkin is Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, as well as the Appropriations subcommittee that funds the Department of Health and Human Services.

"Mr. President, if there is one clear message that voters sent in the past election, it is that they want Democrats and Republicans in Congress to cut out the bickering and partisanship, and to focus like a laser beam on boosting the economy, creating jobs, and reducing the deficit.  

"So I find it absolutely astonishing that the Republicans' No. 1 priority - their obsession - in these opening weeks of the new Congress is to launch bitter new partisan attacks on the new health reform law, and to attempt to repeal it - something that would cost hundreds of thousands of jobs and add $240 billion to the deficit over the next decade.

"It would be sufficient to oppose this reckless amendment strictly on budgetary grounds.  As I said, it would add $240 billion to the deficit in the first decade, and nearly $1 trillion in the second decade.  The sponsors of the amendment have proposed no offsets whatsoever.  So for all the Republicans' crocodile tears over big budget deficits, their first action in the new Congress is to propose adding nearly a quarter trillion to the deficits over the next 10 years!

"The Congressional Budget Office is our only objective, nonpartisan referee when it comes to budget projections.  CBO has told us, in no uncertain terms, that the McConnell amendment will add $240 billion to the deficit.

"The Republicans' lame response is to attack the credibility of CBO and to claim that the hundreds of billions in budget savings thanks to the new health reform law are supposedly based on "gimmicks."  That is complete nonsense.  The budget savings in this new law are real.  If anything, CBO has underestimated the savings that will come about as a result of the robust wellness and prevention provisions in the new law - provisions that will keep Americans healthy and out of the hospital in the first place.

"I would simply add that if the savings in the new law were based on gimmicks, then those gimmicks would certainly show up by the second decade of the law's implementation.  That's the nature of gimmicks - they eventually get exposed.  But the savings in the new law actually skyrocket in the second decade to nearly $1 trillion.   So to wildly assert that the savings are based on gimmicks is flat wrong; it is irresponsible.

"Let's be clear, the Republicans' obsession with repealing the new health reform law is not based on budgetary considerations.  It is based strictly on ideology.  They oppose the law's crackdown on abuses by health insurance companies.  And they oppose any serious effort by the federal government to secure health insurance coverage for tens of millions of Americans who currently have none.  

"We all remember William Buckley's conservative motto.  He said that the role of conservatives is "to stand athwart history yelling stop!"

"In 1935, Franklin Roosevelt passed Social Security, providing basic retirement security for every American.  Republicans fought it bitterly.   And 75 years later, they are still trying to undo it!

"In 1965, Lyndon Johnson passed Medicare, ensuring seniors' access to decent health care.  Republicans fought it bitterly.  And 45 years later, they are still trying to undo it!

"Well, here they go again!

"By the way, notice that the Republicans are no longer even pretending to offer a realistic, comprehensive alternative.  They used to talk about "repeal and replace."  Now their focus is mostly on "repeal."  

"As always, the Republican approach to health reform can be summed up in five words:  Pray you don't get sick!

"So make no mistake: The fight to provide access to quality, affordable health care for all Americans has only just begun.

"The same ideologues who came up with the Big Lies about "death panels" and "pulling the plug on grandma" are rolling out their latest campaign of misinformation.

"The good news is that, this time around, the dynamics of the debate have shifted.  

"Just as I long predicted, as people learn more about the great things in the Affordable Care Act - benefits and protections that are now guaranteed by law - support for health care reform is growing steadily.    

"A year ago, we were bogged down in the messy, frustrating politics of passing the bill.  This time around, the law is the law, and what's at stake is crystal clear:

"Are we going to put the health insurance companies back in the driver's seat - once again free to discriminate based on preexisting conditions, free to cancel your policy when you get sick, free to cut off payments?

"Are we going to revoke access to health insurance for more than 30 million Americans?

"Are we going to add hundreds of billions of dollars - and, eventually, trillions of dollars - to the deficit by wiping out all of the savings in the Affordable Care Act?

"Are we going to impose higher taxes on up to four million small businesses that are eligible for health care tax credits thanks to the new law?

"Mr. President, I also want to rebut the extreme, ideological attacks on the "individual mandate" in the new law.  Republicans claim that this is somehow an "assault on freedom."  Well, it is certainly an assault on the freedom to go without insurance, show up at the emergency room, and stick other Americans with your health care bills!

"The individual mandate is just common sense - that's why so many Republicans supported it in the past.  

"Senator John Chafee's reform bill in the early 1990s included an individual mandate; it was supported by Republican Senators Grassley, Hatch, and Lugar.  

"More recently, the original Wyden-Bennett bill, including an individual mandate, was supported by Senators Alexander, Crapo, Corker, Graham, and Grassley.  

"And, as we all know, the individual mandate was a critical piece of Republican Governor Mitt Romney's health reform in Massachusetts.   

"As I said, it's just common sense.  By eliminating free riders and putting everyone in the risk pool, we keep rates down for everyone.  And it's the only way that people with preexisting conditions are not left out in the cold.

"When we join together, we have more freedom.

"When everyone is covered and no one is left out, we enhance liberty.  

"Health reform is all about freedom - freedom from the fear that if you get sick, you won't be able to afford a doctor . . . freedom from the fear that a major illness will lead to financial ruin.  These are the practical freedoms that really matter to Americans.

"Mr. President, I can't tell you how many people have come up to me to thank me and other sponsors for passing the Affordable Care Act.  They tell me how it has personally affected their families in profoundly positive ways.  

"Let me tell you about Sarah Posekany of Cedar Falls, Iowa.  She was diagnosed with Crohn's disease when she was 15 years old.  During her first year of college, she ran into complications from Crohn's, which forced her to drop her classes in order to heal after multiple surgeries. Because she was no longer a full-time student, her parents' private health insurance company terminated her coverage. Four years later, she found herself $180,000 in debt, and was forced to file for bankruptcy. Sarah was able to complete one semester at Hawkeye Community College, but could not afford to continue. Because of her earlier bankruptcy, every bank she has applied to for student loans turned her down. With the new health law, people like Sarah are able to stay on their parents' health insurance plan until they are 26.

"And consider the case of Eleanor Pierce, also of Cedar Falls, Iowa.  When her job with a local company was eliminated, she lost her health insurance.  She had the option of purchasing COBRA insurance, but it was completely unaffordable. So she searched for coverage on the private, individual market, but was almost universally denied access because of her pre-existing condition of high blood pressure. The only plans that would cover her came with premiums she could never hope to afford without an income.

"So Eleanor - at age 62, suffering from high blood pressure - had no choice but to go without insurance, and hope for the best.  But, Mr. President, "hope for the best" is no substitute for regular medical care.  One year later, Eleanor suffered a massive heart attack.  And, when all was said and done, she had racked up $60,000 in medical debt.

"Mr. President, we need to get beyond ideological obsessions and listen to these ordinary Americans - victims of the old, broken health care system.  Americans have a clear message:  The new law has important new benefits and protections.  Don't take these protections away!

"Nearly half of non-elderly Americans have some type of preexisting condition, like high blood pressure, arthritis or heart disease.  The new law outlaws the denial of coverage based on preexisting conditions.  The McConnell amendment sweeps that away.

"The largest health insurer in California used technicalities to cancel the policies of women who got breast cancer.  The new law outlaws the practice of canceling policies when people get sick. The McConnell amendment fully restores the right of health insurers to return to that despicable practice.

"The new law prohibits insurers from imposing lifetime limits on benefits.  The McConnell amendment takes that away.

"The law allows parents to keep adult children on their policies until age 26.  The McConnell amendment takes that away.

"Mr. President, I want to briefly mention the destructive impacts the McConnell amendment would have on my State of Iowa:

  • It would raise taxes on more than 260,000 Iowans by taking away tax credits to help them purchase health care coverage.
  • More than 8,300 young adults in Iowa would lose their insurance coverage through their parents' health plans.
  • Tens of thousands of Iowa seniors would face significantly higher prescription drug prices, and, once again, would have to pay a co-pay for preventive services such as colonoscopies and mammograms.
  • And, of course, the 1.9 million Iowans with private coverage would, once again, be vulnerable to the whole range of abuses and discriminatory practices by health insurance.

"In addition, Mr. President, I want to mention that the new health reform law dramatically remedies the discrimination against Iowa and some other states in terms of Medicare reimbursement.  Under a complicated Medicare formula, doctors in Iowa and a number of states were paid less for their services than their colleagues elsewhere. Under the formula, for example, Iowa physicians are reimbursed less than doctors in Louisiana.

"As part of the new health reform bill, I joined with Reps. Bruce Braley, Leonard Boswell and Dave Loebsack to negotiate a compromise that provides an immediate $800 million to address geographic disparities for both doctors and hospitals, as well as written guarantees from Health and Human Services Secretary Kathleen Sebelius for further action to reform Medicare reimbursement rates.  This great achievement is wiped out if the McConnell amendment passes.

"In addition, thanks to the new law, mid-sized hospitals in Iowa - the so-called "tweeners" - will see a greater Medicare reimbursement.  The two-year fix will cover Fiscal Years 2011 and 2012 and will aid low-volume hospitals, some of which have struggled to keep their doors open.  The fix was included in the new health reform law - the Affordable Care Act.

"At the heart of the reform mission was an effort to decrease the number of uninsured and increase access to affordable care.  The law does just that and will ensure every Iowan access to quality healthcare, which these community hospitals.  This, too, goes away if the McConnell amendment prevails.

"Finally, Mr. President, I want to mention the many millions of Americans who will be denied health coverage if the McConnell amendment passes.  The Republicans, apparently, reckon that middle class Americans who already have health insurance don't care about those who are not so fortunate.  I couldn't disagree more strongly!  

"Americans do care about the uninsured.  And they are well aware of the devastating human cost of repeal.  Nearly 45,000 Americans die each year, in part, because they don't have health insurance.

"With this landmark law, we are ensuring - at long last - that every member of our American family has access to quality, affordable health care as a right, not a privilege!

"So mark my words:  The American people are not going to allow the Republicans to take away this great humanitarian achievement.

"Mr. President, I urge my colleagues to oppose the McConnell amendment.  It blows a huge hole in the budget deficit.  It destroys hundreds of thousands of jobs.  It repeals the Patient's Bill of Rights - allowing health insurers to return to the same old abusive and discriminatory practices.  It revokes health insurance coverage for tens of millions of Americans.

"Instead, let us listen to the American people.  

"Let us move forward to build a reformed health care system that works not only for the healthy and the wealthy, but for all Americans."

Exercise counteracts anxiety and depression, from Harvard Men's Health Watch

BOSTON–Regular aerobic exercise can bring remarkable changes not just to your body your metabolism, and your heart, but also to your spirits, reports the February 2011 issue of Harvard Men's Health Watch.

Aerobic exercise is the key for your head, just as it is for your heart. It has a unique capacity to exhilarate and relax, to provide stimulation and calm, to counter depression and dissipate stress. Endurance athletes commonly experience the restorative power of exercise, and this has been verified in clinical trials that have used exercise to treat anxiety and depression.

How can exercise contend with problems as difficult as anxiety and depression? There are several explanations, some chemical, others behavioral. The mental benefits of aerobic exercise have a neurochemical basis. Exercise reduces levels of the body's stress hormones, such as adrenaline and cortisol. It also stimulates the production of endorphins, the body's natural painkillers and mood elevators.

Behavioral factors contribute to the emotional benefits of exercise. As your waistline shrinks and your strength and stamina increase, your self-image will improve. You'll earn a sense of pride and self-confidence. Your renewed vigor will help you succeed in many tasks, and the discipline will help you achieve other lifestyle goals. Exercise and sports also provide opportunities to enjoy some solitude or to make friends and build networks.

Harvard Men's Health Watch notes thatyou should exercise nearly every day. That doesn't necessarily mean hitting the gym. But it does mean at least 30 minutes of moderate activity. And if you need more help with stress, consider autoregulation exercises involving deep breathing or muscle relaxation.

Read the full-length article: "Exercising to relax"

Also in this issue:

  • Meat or beans–which is the better protein?
  • Heart disease and testosterone replacement
  • Ultrasound checks for abdominal aortic aneurysm

Harvard Men's Health Watch is available from Harvard Health Publications (www.health.harvard.edu), the publishing division of Harvard Medical School, for $28 per year. Subscribe at www.health.harvard.edu/men or by calling 877-649-9457 (toll-free).

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WASHINGTON, D.C. - January 27, 2011 - At this morning's hearing, Chairman Tom Harkin (D-IA) and other members of the Senate Committee on Health, Education, Labor and Pensions (HELP) heard testimony from Americans who are already experiencing benefits of the Affordable Care Act.  One witness, a 21 year old named Emily Schlichting who suffers from a chronic auto-immune disease, told the Committee that her life has drastically changed for the better thanks to the new health reform law.        

"I believe that allowing young people to stay on their parent's insurance gives us new freedom to work toward our goals without going uncovered. But even more important than that is the fact that the Patient's Bill of Rights makes it so that I can't be denied insurance simply because I have a disease I can't control," Schlichting said in her testimony.    

"I'm one example of millions and millions of young Americans who have been helped by this bill, whether through the Dependent Care clause or the Patient's Bill of Rights or the combination of the two, like me...Health care is something that is easy not to care about when you're young and you're healthy...Young people are the future of this country and we are the most affected by reform? we're the generation that is the most uninsured.  We need the Affordable Care Act because it is literally an investment in the future of this country."

Ms. Schlichting's testimony was featured today in the Omaha World-Herald and her full remarks, along with the testimony of the rest of the witnesses and an archived webcast of the hearing, can be found at http://help.senate.gov

This is the first in a series of hearings that Chairman Harkin will convene to examine the implementation of the Affordable Care Act and how it is benefitting Americans.  In his opening remarks, Harkin said:

"We meet today for the first in a series of hearings this Committee will hold on the Affordable Care Act - hearings that will focus not on the politics of health care reform, nor on the rhetoric that surrounds it, but rather on the tangible, positive impact that reform is having on Americans' lives.  I think we can all agree that what this debate needs is more light and less heat."


Harkin's full opening statement as prepared for delivery is below:

Statement by Senator Tom Harkin
Committee on Health, Education, Labor & Pensions
Hearing on The Affordable Care Act:  The Impact of Health Insurance Reform on Health Care Consumers
January 27, 2011

"Good morning everyone.  We meet today for the first in a series of hearings this Committee will hold on the Affordable Care Act - hearings that will focus not on the politics of health care reform, nor on the rhetoric that surrounds it, but rather on the tangible, positive impact that reform is having on Americans' lives.  I think we can all agree that what this debate needs is more light and less heat.

"To that end, today's hearing will focus on the benefits of health reform that Americans are experiencing right now - specifically the bundle of significant consumer protections that went into effect in late September of last year, known as the Patient's Bill of Rights.

"These protections are a historic, long-awaited improvement in the quality and scope of health coverage for all Americans.  Every American who pays a health insurance premium is now protected against some of the most egregious and abusive practices of the insurance industry.  Put another way, thanks to health reform, Americans now have protections that every Senator on this dais has had for years.

"Before the Affordable Care Act, nearly 102 million Americans were in health insurance policies with lifetime limits, and it was estimated that as many as 20,000 people annually could be denied coverage for care due to those limits.  Unsurprisingly, people in danger of hitting a lifetime limit are seriously ill, and their benefits run out just when they need them most.  The Affordable Care Act permanently eliminates all lifetime limits, and phases out annual limits by 2014, providing economic and health security for those who need coverage most.  One of those folks, Lisa Grasshoff, is here today and will talk a bit later about how the Act's ban on lifetime limits has helped her care for her son and strengthened her family's financial future.

"As I'm sure the Secretary will discuss in her testimony, last week the Department of Health and Human Services released an important report analyzing preexisting health conditions.  The report's findings are striking - up to 129 million non-elderly Americans have a preexisting condition, and millions more are likely to develop such a condition over the next eight years.  Before the Affordable Care Act, these Americans faced denial of coverage, restriction of health benefits, or higher premiums as a result of their preexisting condition.  Their ability to take a new job, start their own business, or make other important life changes was limited - they were, in effect, locked in to their original insurance coverage.  

"Because of health reform, insurance companies are now prohibited from restricting or denying coverage to children under 19 because of a preexisting condition.  And in 2014, this protection will be extended to all Americans.  Between now and 2014, the law establishes an insurance plan in every state tailored specifically to adults with preexisting conditions who are currently "uninsurable," offering coverage at standard market rates.  Thousands of people have enrolled and received coverage of live-saving services like chemotherapy.

"Another element of the Patient's Bill of Rights is a requirement for every insurance plan to cover evidence-based preventive services that will head off many illnesses, addressing them in the nurses' office rather than the emergency room.  The cost of preventable disease consumes 75% of health care spending annually, dollars that could be used to build roads, improve schools and create jobs.  The prevention investments in the law are down payments on the long-term project of transforming our current sick care system into a genuine health care system?and first-dollar coverage of preventive services like mammograms and immunizations are a vital part of that.

"Before the Affordable Care Act, millions of young adults went without health insurance because their jobs didn't offer it, or because they were ineligible for coverage on their parents' policy.  These young people -- starting a new job or a new business, folks who don't have a lot of money - had to largely fend for themselves in a chaotic, unregulated market for individual coverage that charges high premiums for only modest benefits.  Now, health reform allows these young people - more than 2 million of them -- to stay on their parents' policy until age 26.  This reform relieves young people of the burden of high health insurance costs - and for those who can't afford coverage, the fear of financial ruin.  This reform is particularly important for young people with chronic illnesses, as we will learn from one of our witnesses today, Emily Schlichting, a University of Nebraska student.

"Finally, the Affordable Care Act puts an end to one of the most outrageous insurance company abuses - cancelling insurance coverage right when someone gets sick, based on a technical paperwork error.  These stories turn my stomach:

·a California insurer using computer programs and a dedicated department to cancel policies of pregnant women and the chronically ill, only because they submitted expensive claims;

·another insurance company which started a fraud investigation into anyone who submitted a claim reaching a certain cost level, looking for any reason to cancel the policy;

·insurance companies paying bonuses to employees based on how many policies they cancelled (and therefore how much money they saved). 

"Health reform puts an end to that sorry state of affairs.

"Today, we will hear from public officials at both the state and federal levels who are charged with implementing and overseeing the Affordable Care Act, as well as private citizens who will talk about how the Act's consumer protections have affected them.  

"On our first panel, we welcome Secretary of Health and Human Services Kathleen Sebelius to her first hearing of this new Congress.  In addition to expertly implementing the private insurance market reforms we'll focus on today, I want to applaud the Secretary for her relentless and effective work in eliminating waste, fraud and abuse in Medicare and Medicaid.  This week, the Department reported that it had recovered more than $4 billion from perpetrators of fraud last year - the highest annual recovery ever.  And the Department released new rules, authorized by the Affordable Care Act, giving it even more effective tools to detect and combat fraud.  

"Our second panel is comprised of Rhode Island Insurance Commissioner Chris Koller, and three non-government witnesses, Lisa Grasshoff, Joe Olivo, and Emily Schlichting.  

"As always, I am very pleased to be joined by our committee's Ranking Member, Senator Mike Enzi."

KOHL, GRASSLEY: STOPPING "PAY-FOR-DELAY" DEALS ESSENTIAL TO LOWERING RX DRUG COSTS

Bipartisan effort to speed less expensive generic prescription drugs to market

WASHINGTON, D.C. - U.S. Senators Herb Kohl and Chuck Grassley have reintroduced legislation limiting pay-for-delay settlements used to keep lower-cost generic drugs off pharmacy shelves.  Under these pay-off agreements, brand name drug companies settle patent disputes by paying the generic drug manufacturer in exchange for a promise that it will keep its generic version of the drug off the market. Kohl and Grassley's "Preserve Access to Affordable Generics Act" will stop this anti-consumer practice by presuming these deals illegal, and giving the FTC the authority to stop them.

"Generic drugs save consumers and the federal government money, to the tune of billions of dollars a year. But in order to freeze out competition and delay entry of low cost generic drugs for consumers, brand-name drug companies pay-off generic manufactures to keep their products off the market.  It is past time to put an end to these backroom deals and pass this bipartisan legislation," Kohl said.

"These agreements between generic and brand name pharmaceutical manufacturers are only serving to line the pockets of the companies.  When people across the country are having a hard time making ends meet, this wheeling and dealing simply delays the entry of lower priced medicines into the marketplace, leaving consumers on the short end of the stick," Grassley said.

A compromise version of this legislation passed the Judiciary Committee in late 2009 and was included in the Financial Services and General Government Appropriations bill reported out of the Senate Appropriations Committee last year. Final passage of the bill stalled when the House and Senate failed to agree on an Omnibus Appropriations package last month.

The Federal Trade Commission has estimated that stopping these types of settlement agreements would save consumers at least $35 billion over the next ten years, and provide significant cost savings in the amount of $12 billion over ten years for the federal government, which pays approximately one-third of all prescription drug costs. A recent CBO report estimates that the federal government could save $2.68 billion over ten years, should this bill become law

Despite the FTC's opposition to pay-for-delay patent settlements, two 2005 appellate court decisions have permitted these payoffs.  In the two years after these two decisions, the FTC has found nearly half of all patent settlements involved payments from the brand name from the generic manufacturer in return for an agreement by the generic to keep its drug off the market.  According to a study by Pharmaceutical Care Management Association (PCMA), health plans and consumers could save $26.4 billion over the next five years by using the generic versions of 14 popular drugs that are scheduled to lose their patent protections before 2010.

Brand-name drug companies and generic manufacturers routinely enter into settlement agreements to end drug patent litigation, but until 2005, none of them included pay-for-delay provisions. From 2000 to 2004, companies assumed such agreements violated antitrust law.  But in 2005, following three courts of appeals decisions that prevented the FTC from taking action on behalf of consumers, pay-for-delay settlements became commonplace. In the four years following these court decisions 63 out of 194 patent settlements had provisions in which the brand name drug company made payments to the generic manufacturer in exchange for the generic manufacturer agreeing to delay entry of generic competition.  In 2009, there were a record 19 pay-for-delay settlement agreements that kept generics off the market.

Last Congress, Kohl served as chairman of the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights. Grassley is the incoming Ranking Member of the Judiciary Committee.

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WASHINGTON, D.C. ? January 26, 2011 - Senator Tom Harkin (D-IA) today reintroduced major legislation to create a healthier future for America by giving our citizens access to better preventive care and consumer information to encourage healthier lifestyles.  The Healthier Lifestyles and Prevention America Act, also known as the HeLP America Act, provides all sectors of our society - child care centers, schools, workplaces, health care providers and communities - with the incentives and tools they need to reach the goal of making America a healthier place.

"Promoting healthy lifestyles and preventing chronic disease will not happen overnight.  While the prevention and wellness measures included in the new health reform law were an important step forward, much more needs to be done," said Harkin.

"We need to integrate health and wellness into all elements of American communities - from our schools and workplaces to our grocery store aisles and restaurants.  By providing people the information and resources they need to live longer, healthier lives, the HeLP America Act will empower people to take care of their health, boosting overall quality of life and lowering our spiraling health care costs."

Among other benefits, the HeLP America Act will:

·    Provide fresh fruits and vegetables to all low income elementary schools by expanding the Harkin Fresh Fruit and Vegetable Program
·    Create a healthier workforce by providing tax credits to businesses that offer comprehensive workplace wellness programs to their employees and allowing employers to deduct the cost of employees' athletic facility memberships
·    Reduce Americans' sodium consumption by developing two-year targets for sodium reduction in packaged and restaurant foods
·    Help Americans make informed choices about their food by establishing uniform FDA guidelines for the use of "healthy" symbols on the front of food packages
·   Ensure Individuals with Disabilities have access to community sports by creating competitive grants for the implementation of community-based sports and athletic programs for people with disabilities, including youth with disabilities.  

Chronic diseases such as heart disease, cancer, and diabetes are among the leading causes of death and disability in the United States, and the economic impact is staggering. More than seventy-five percent of the $2.5 trillion the United States spends on health care annually is due to chronic disease. Yet less than five percent of annual health care spending in the United States goes toward chronic disease prevention.

Harkin has promoted preventive healthcare initiatives throughout his career, including increased access to breast cancer screenings, the school fruit and vegetable pilot program, the Menu Education and Labeling Act (MEAL), and tobacco control.  Most recently, as Chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, Harkin championed the prevention and wellness measures that are included in the Affordable Care Act, which was signed into law last March.  The Prevention and Public Health title of health reform law creates incentives to prevent chronic disease and rein in costs across the full health care spectrum.  A full summary of the provisions is available here:  http://harkin.senate.gov/documents/pdf/4c2b8b9dc4e74.pdf

A full summary of the HeLP America Act is below:


Healthy Lifestyles and Prevention (HeLP) America Act of 2011


Healthier Kids & Schools
·    Nutrition and physical activity in child care quality improvement: Supports State efforts to provide resources to child care providers to help them meet high-quality physical activity and healthy eating standards.
·    Access to local foods and school gardens at preschools and child care centers: Enables child care providers to participate in the USDA's farm-to-school initiatives.
·   Fruit and vegetable program:  Expands the Harkin Fresh Fruit and Vegetable Program to all low income elementary schools nationwide.
·    Equal physical activity opportunities for students with disabilities: Directs the Department of Education to provide oversight, guidance, and technical assistance to ensure that schools provide equal opportunities for students with disabilities for PE and extracurricular athletics.

Healthier Communities
·   Joint use agreements: Directs the HHS, in coordination with Department of Education, to develop and disseminate guidelines and model joint use agreements to facilitate community access to spaces for physical activity.
·    Community Sports for Individuals with Disabilities: Competitive grants to public entities and nonprofit private entities to implement community-based sports and athletic programs for people with disabilities, including youth with disabilities.  
·    Community gardens: Grants from the USDA to establish, expand, or maintain community gardens.
·    Physical Activity Guidelines for Americans: Requires HHS to issue physical activity guidelines for preschool children and to update the guidelines for all ages every 5 years.
·    Tobacco Taxes Parity: Increases the excise tax on small cigarettes; equalizes excise taxes for pipe tobacco, roll-your-own tobacco, and smokeless tobacco; and clarifies the definition of small cigars.
·   Health in all policies: Requires HHS to conduct a health impact assessment of major non-health legislative proposals and to detail staff to other departments to assist them with consideration of health impacts of their activities.

A Healthier Workforce
·    Healthy Workforce:  Provides tax credits to businesses that offer comprehensive workplace wellness programs to their employees to improve health and wellbeing.
·    Workforce Health Improvement:  Allows employers to deduct the cost of athletic facility memberships for their employees and exempts this benefit as taxable income for employees.
·    Workplace Breastfeeding Taskforce: Establishes a federal taskforce for the promotion of breastfeeding among working mothers.
·    Healthy Federal Workplaces: Requires menu labeling in federal food facilities, the development of nutritional guidelines for food procurement and vending machines on federal property, the development of guidelines for stair placement and signage, and bicycle parking in federal properties.

Responsible Marketing and Consumer Awareness
·    Reducing Sodium Consumption: Directs the FDA to develop two year targets for sodium reduction in packaged and restaurant foods.
·   Improved food labeling: Removes nutrition labeling exemption for foods sold exclusively to restaurants.
·    Healthy Symbols: Instructs the FDA to develop uniform guidelines for the use of nutrient labeling symbols or systems on the front of food packages.
·    Protect Kids from Unfair Junk Food Advertising: Restores the rulemaking authority of the Federal Trade Commission (FTC) to issue restrictions on unfair advertising with respect to children, and gives the FTC Administrative Procedure Act rulemaking authority.
·    Health Literacy:  Strengthens federal initiatives to improve the health literacy of consumers by making health information more understandable and health care systems easier to navigate through continued research and dissemination of effective interventions.
·    Tobacco Marketing:  Eliminates tax deductibility of tobacco advertising, and funds counter-advertising.
·    Incentives to reduce youth tobacco use: Requires HHS to carry out an annual youth tobacco use survey and creates a penalty for tobacco manufacturers if youth use of their tobacco products does not decrease.

Expanded Coverage of Preventive Services
·    Preventive Services in Medicaid:  Requires coverage of preventive services recommended by the U.S. Preventive Services Task Force (USPSTF) and the CDC without cost-sharing for Medicaid beneficiaries.
·    Preventive Services for Federal Employees:  Requires coverage of preventive services recommended by the USPSTF, CDC, the Health Resources and Services Administration (HRSA) for children, and workplace wellness program in the Federal Employee Health Benefits (FEHB) Program.
·   Health Professional Education on Health Eating:  Establishes a program administered by CDC and HRSA to train health professionals to better identify patients at-risk of and treat patients who are overweight, obese, or have an eating disorder.

Research and Surveillance
·    Grants for body mass index analysis: Provides grants to States to include BMI data in existing state-wide immunization databases.
·    National Assessment of Mental Health:  Requires the Administrator of the Substance Abuse and Mental Health Services Administration (SAMHSA) to build on existing or create new monitoring systems that assess mental and behavioral health status and risks.

Hails Bi-Partisan Effort To Preserve Health Care For Vulnerable Illinoisans And Will Save More Than $624 Million Over Five Years

CHICAGO - January 25, 2011. Governor Pat Quinn today signed legislation establishing comprehensive Medicaid reform in Illinois. House Bill 5420 was crafted by bi-partisan legislative committees and passed both houses of the General Assembly with bi-partisan support.

The law will enable the Department of Healthcare and Family Services (HFS) to improve efficiency and streamline services by: expanding coordinated care in Illinois, improving the efficiency of the prescription drug program, tightening the integrity of the eligibility process and increasing civil penalties for recipients who abuse the system. The reforms are expected to achieve savings of $624 million to $774 million over five years.

"Medicaid reform is one part of my plan to stabilize our budget. A priority of my administration is eliminating inefficiencies, so that we are saving money while delivering better services to those that most need them," said Governor Quinn. "I would like to thank HFS and the members of the Senate and House Special Committees on Medicaid Reform who worked closely in a bi-partisan spirit with my office to make this legislation possible."

The groundbreaking, bi-partisan reform legislation was crafted under the direction of Governor Quinn and administration officials, working in concert with the Senate and House Special Medicaid Reform Committees. HB 5420 was sponsored by the co-chairs of the two committees: Sen. Heather Steans (D-Chicago) and Sen. Dale Righter (R-Mattoon), and Rep. Barbara Flynn Currie (D-Chicago) and Rep. Patricia Bellock (R-Hinsdale).

"This legislation is a result of bi-partisan commitment to protect patient health, while implementing much-needed reforms and saving taxpayers money," said HFS Director Julie Hamos. "Governor Quinn has directed this department to transform Medicaid in Illinois into a program that works to keep people healthy, rather than one that simply pays bill after they become sick. This measure grants us the authority to move forward with the Governor's directive."

Under the new law, HFS will improve the efficiency of the program by expanding coordinated care to cover at least 50 percent of recipients by 2015. It also authorizes the department to enhance the integrity of the eligibility process, subject to federal approval, by requiring proof of Illinois residency; tightening income verification by requiring a month's worth of income information, instead of a single paystub; and requiring annual redetermination of eligibility.

The law also will allow the department to save on prescription drug costs by maximizing co-payments, promoting 90-day maintenance prescriptions and controlling utilization, and reducing prompt payment interest rates for pharmacy bills from 2 percent to 1 percent.

Other major reforms include :

  • Enhancing restrictions and civil penalties for recipients who abuse the system.
  • Establishing a moratorium on eligibility expansions.
  • Limiting income of future All Kids enrollees to 300 percent of the federal poverty level.
  • Extending the sunset of All Kids from 2011 to 2016.
  • Phasing out the practice of allowing unpaid bills from one year to be paid in the next fiscal year.
  • Requiring HFS to study the impact of income limits and cost-sharing opportunities for medical programs available to children under the Public Aid Code where there is no parental-income threshold.
Illinois' Medicaid program, which is administered by HFS, provides health coverage to 2.8 million low-income individuals and families, people with disabilities and older adults.


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