Once again: "Setting the Record Straight" (Medicare & Judges)

[uppityperson]

Why are they still putting these things on the White House website? I don't understand them.

First:Setting the Record Straight: The ABA Finds Brett Kavanaugh Is "Indeed Qualified to Serve on the Federal Bench" (whine whine whine) because we said so (Brett M. Kavanaugh Is Superbly Qualified For The D.C. Circuit) and because even a rating of 1 out of 3 is good enough for us.
http://www.whitehouse.gov/news/releases/2006/05/20060508-20.html

"In 42 votes cast in the three ABA reviews, all 42 found Mr. Kavanaugh to be well qualified or qualified to serve on the DC Circuit. The ABA itself says that even the lowest of the three ratings is, in its words, 'a very high standard.'"

-White House Deputy Press Secretary Dana Perino
May 8, 2006

The Associated Press: "ABA Downgrades Rating For White House Aide From Well-Qualified To Qualified." (Laurie Kellman, "ABA Downgrades Rating For White House Aide From Well-Qualified To Qualified," The Associated Press, 5/8/06)

But According To ABA Review Panel Chairman Stephen Tober, Kavanaugh Is "Indeed Qualified To Serve On The Federal Bench." TOBER: "This nominee enjoys a solid reputation for integrity, intellectual capacity, and writing and analytical ability. ... A substantial majority of the Standing Committee believes that Mr. Kavanaugh is indeed qualified to serve on the federal bench." (Stephen L. Tober, Committee On The Judiciary, U.S. Senate, Testimony, 5/8/06)

Tober Himself Notes That "There Is No Bright-Line Litmus Test As To Whether A Nominee Is 'Well Qualified' Or 'Qualified.'" TOBER: "It is, at its most basic, the difference between the 'highest standard' and a 'very high standard.'" (Stephen L. Tober, Committee On The Judiciary, U.S. Senate, Testimony, 5/8/06)

According To The ABA's "Backgrounder," A "Qualified" Rating Means The Committee Believes A Nominee Will Be Able To Perform "All Duties And Responsibilities" Of A Federal Judge. TOBER: "The Backgrounder also makes clear that '(t)he rating of 'Qualified' means that the nominee meets the Committee's very high standards with respect to integrity, professional competence and judicial temperament and that the Committee believes that the nominee will be able to perform satisfactorily all of the duties and responsibilities required by the high office of a federal judge.'" (Stephen L. Tober, Committee On The Judiciary, U.S. Senate, Testimony, 5/8/06)

Sen. Arlen Specter (R-PA): " Just A Shading. ... He's Got A Very Strong Record." (Laurie Kellman, "ABA Downgrades Rating For White House Aide From Well-Qualified To Qualified," The Associated Press, 5/8/06)

Brett M. Kavanaugh Is Superbly Qualified For The D.C. Circuit

Throughout His Career, Brett Kavanaugh Has Demonstrated Legal Excellence And The Fair-Minded Temperament To Serve As A Federal Appellate Judge. Kavanaugh has an extraordinary range of experience in the public and private sectors. He has dedicated the majority of his 16 years of practice to public service as an appellate lawyer, a government lawyer, and an Assistant to the President.

Kavanaugh Now Serves As Assistant To The President And Staff Secretary. He is responsible for coordinating virtually all documents to and from the President. He previously served as Senior Associate Counsel and Associate Counsel to the President, during which time he worked on numerous constitutional, legal, and ethical issues.

Prior To His Service In This Administration, Kavanaugh Was A Partner At The Law Firm Of Kirkland & Ellis, Where His Practice Focused On Appellate Matters. Kavanaugh also served as an Associate Counsel in the Office of Independent Counsel, where he handled a number of difficult constitutional issues presented during that investigation. Kavanaugh specialized in appellate law and has extensive experience in the Federal appellate courts, both as a law clerk and as counsel. Kavanaugh has argued both civil and criminal matters before the U.S. Supreme Court and appellate courts throughout the country.

Kavanaugh Clerked For U.S. Supreme Court Justice Anthony Kennedy, As Well As Judge Alex Kozinski Of The Ninth Circuit And Judge Walter Stapleton Of The Third Circuit. Prior to his Supreme Court clerkship, Kavanaugh earned a prestigious fellowship in the Office of the Solicitor General of the United States. The Solicitor General's office represents the United States before the Supreme Court.

The American Bar Association (ABA) Has Consistently Rated Kavanaugh "Well Qualified" Or "Qualified" To Serve On The D.C. Circuit. The ABA has rated Brett Kavanaugh qualified to serve on the D.C. Circuit on three separate occasions. In other words, 42 out of 42 ABA individual ratings found that Mr. Kavanaugh is either Well Qualified or Qualified to serve on the D.C. Circuit. And the majority of those 42 raters found Mr. Kavanaugh to be Well Qualified to serve on the D.C. Circuit.

Kavanaugh Has Impeccable Academic Credentials. He received his B.A. cum laude from Yale College and his law degree from Yale Law School, where he served as Notes Editor of the Yale Law Journal.

Kavanaugh Has Offered His Legal Expertise And Personal Time To Serving His Community. While in private practice, Kavanaugh took on pro bono matters, including representation of the Adat Shalom congregation in Montgomery County, Maryland, against the attempt to stop construction of a synagogue in the county. Kavanaugh also represented, on a pro bono basis, six-year-old Elian Gonzalez after the Immigration and Naturalization Service decided to return him to Cuba.

Got that straight now? He is qualified because we said so. Now, off to tackle Medicare and whine about USA Today (they're wrong, beause most people who are eligible just don't know it yet and they can still sign up with No Penalty, see?)in:
Setting the Record Straight: USA Today's Misleading Medicare Story
http://www.whitehouse.gov/news/releases/2006/05/20060509-7.html

Millions Of Minorities Are Enrolling In Medicare Drug Coverage

USA Today Claims "Poor, Often Minority" Medicare Beneficiaries Are Not Enrolling In Medicare Drug Coverage. "While millions of seniors and people with disabilities are signing up and saving money, the program is being used least by those who could benefit most: poor, often minority Medicare beneficiaries." (Richard Wolf, "Those Most In Need May Miss Drug Benefit Sign-up," USA Today, 5/9/06)

But By April, More Than 70 Percent Of Eligible African Americans, More Than 70 Percent Of Eligible Hispanics, And More Than 75 Percent Of Eligible Asian Americans Are Enrolled Or Have Retiree Drug Coverage.

* And More Than 9 Million Medicare Beneficiaries Have Other Forms Of Coverage. Altogether, more than 9 million Medicare beneficiaries (over 20 percent of Medicare beneficiaries) - have coverage from sources including Tricare, the Federal Employees Health Benefits (FEHB) program, the Veterans Administration or other forms of creditable coverage.

Low Income Beneficiaries Who Qualify For Medicare's Limited-Income Subsidy (LIS) After May 15 Will Be Able To Enroll With No Penalty. About 3 million beneficiaries who have not yet enrolled are eligible for the LIS. A one-time opportunity using a special enrollment period will enable these beneficiaries to enroll in a Medicare prescription drug plan immediately after they become eligible for the limited-income subsidy, even if this is after May 15. The extra help available through the LIS allows for comprehensive and valuable drug coverage - in most cases costing beneficiaries a few dollars for every prescription.

Medicare Is Aggressively Reaching Out To All Eligible Beneficiaries

USA Today Says Most Eligible Beneficiaries Who Have Not Yet Enrolled "Haven't Been Reached." (Richard Wolf, "Those Most In Need May Miss Drug Benefit Sign-up," USA Today, 5/9/06)

But The President Met Directly With Leaders Of Senior, Disability, And Minority Groups At The White House On March 14 To Discuss Strategies For Reaching All Seniors. The President met with organizations including the National Alliance for Hispanic Health, the National Council on Aging (NCOA), the NAACP, the AARP, Seniors Health Insurance Information Program (SHIIP), and the National Baptist Convention.

Medicare Is Continuing To Work With Many Groups To Reach Hispanic Seniors Across Our Nation. The Administration Is Working With the National Alliance for Hispanic Health, the Hispanic Business Roundtable, the National Coalition of Latino Clergy and Christian Leaders. The Administration has also reached out through public-service announcements on Univision, Telemundo, and Spanish radio. As a result, we are getting hundreds of enrollments each day through 1-800-MEDICARE and the National Alliance's "Su Familia" helpline.

* Over 600 Enrollment Events Have Been Held In Spanish. These events have been held in conjunction with Medicare's thousands of Hispanic community grassroots partners and national partners, including the National Alliance for Hispanic Health, the National Association for Hispanic Elderly, and the National Hispanic Council on Aging.

* Tomorrow, President Bush Will Participate In A Hispanic Medicare Outreach Event In Orlando, Florida. "The president's quick stop at the Asociacion Borinquena de Florida Central could get the attention of many Hispanic elders who qualify for new drug benefits but have not applied for them as a May 15 deadline nears." (Victor Manuel Ramos, "Club To Welcome President," Sun-Sentinel , 5/9/06)

Medicare's Partners In The African American Community Have Sponsored Numerous Events To Both Educate And Enroll African Americans. These partners include the National Medical Association, the National Council on Black Aged, the NAACP, the national fraternity and sorority organizations, and the many leaders in the faith based community.

Medicare Is Taking Steps To Reach The Asian American Community. To reach the Asian American community, Medicare sponsored telephone lines in conjunction with the National Asian Pacific Center on Aging in three languages: Chinese, Korean, Vietnamese. To date, over 28,000 Asian American beneficiaries have received personalized assistance through these help lines, which have been advertised broadly in their communities. In April, President Bush and Secretary Chao participated in an Asian American outreach event in Annandale, Virginia.

Medicare Drug Coverage Is Helping Low-Income Beneficiaries

The Families USA Report Cited By USA Today Claims "The Poorest Of The Poor ... Have Worse Drug Coverage Today Than They Had Before The New Medicare Part D Program Began In January." (Families USA, "The Medicare Drug Program Fails to Reach Low-Income Seniors," May 2006)

But Medicare Provides Extra Help For Beneficiaries With Limited Income And Resources. About a third of seniors are eligible for prescription drug coverage that includes little or no premiums, low deductibles, and no gaps in coverage. On average, Medicare will pay for more than 95 percent of the costs of prescription drugs for low-income seniors.

The Families USA Report Incorrectly Suggests That Medicare Beneficiaries Previously Receiving Drug Coverage Under Medicaid ("Full-Benefit Dual Eligibles") Will Not Be Helped By The Change To Part D Drug Coverage. (Families USA, "The Medicare Drug Program Fails to Reach Low-Income Seniors," May 2006)

But All Full-Benefit Dual Eligibles Get Comprehensive Drug Coverage And Millions Of Full-Benefit Dual Eligibles Are Better Off Because:

* They Have Access To Plans That Are Required To Have Broad Drug Lists (Formularies) Which Are More Extensive In Many States Than The "Preferred Drug Lists" Used By Many States. For example, all drugs for mental illness, HIV/AIDS, and immune-related conditions are covered.

* They Are No Longer Subject To Restrictions On The Number Of Prescriptions They Can Fill. One in four states has restrictions in their Medicaid program on the number of prescriptions covered each month.

* They Are Protected From Any Out-Of-Pocket Expenses (Even The $1 And $3 Copays) When Total Drug Spending On Their Behalf Exceeds $5,100 A Year. With an average cost of $100 per prescription, this would occur after 51 prescriptions and a total beneficiary expense for the year of only around $100.

* They Are No Longer Subject To Intermittent Eligibility Because Of Monthly "Spend Down" And Eligibility Determination Requirements. Part D gives these beneficiaries full continuity of their coverage throughout the year.

* Some States Are Using A Portion Of Their Savings From Medicaid To Pay The $1 Or $3 Drug Copayments For Dually Eligible Beneficiaries. This means the state has savings, and beneficiaries have the same or lower copays than before.

[uppityperson]

1. I just sent an email to USA Today about this.

amazing lack of facts.