New Policies

NCSL News graphic

July 25, 2003

State Legislators Endorse Key Policy Issues

E-commerce, health, medical malpractice, election funding top agenda

SAN FRANCISCO - The nation's state lawmakers took up policy positions today that will guide NCSL's lobbying activity in Washington, D.C. over the next year.

Among the issues high on the agenda for state legislators are e-commerce, Medicaid, prescription drug coverage, medical malpractice reform and election reform funding.

"The state and federal governments need to continue to work together to address the nation's public policy challenges," said NCSL's newly elected president Speaker of the Utah House of Representatives Martin Stephens. "NCSL looks forward to building on our past successes in areas such as health care, election reform, Medicaid, electronic commerce and others."

NCSL's policy positions focus on three themes: protection of state sovereignty, flexible state-fiscal partnerships and avoidance of unfunded federal mandates. NCSL actively pursues an agenda that minimizes the preemption of state laws by the federal government.

At their annual business meeting, lawmakers approved or renewed the following policies (among others):

Electronic Commerce

NCSL will seek authority from Congress to grant those states that comply with the Streamlined Sales and Use Tax Agreement with the authority to require all sellers, regardless of location, to collect those states' sales taxes.

Medical Malpractice

The new NCSL policy on medical malpractice opposes federal efforts to preempt existing state laws or state constitutional provisions including laws that govern statute of limitations, awarding of damages, drafting of pleadings and introduction of evidence and the awarding of attorneys fees.

Election Funding

State legislators enacted a resolution urging Congress and the President to fully-fund the Help America Vote Act of 2002.

Prescription Drug Coverage

Lawmakers call for the establishment of a federally-funded prescription drug benefit for Medicare beneficiaries. The cost of such a benefit, the policy states, should be borne by the federal government and/or the Medicare beneficiaries.
Lawmakers also oppose increases in Medicare cost-sharing that would shift those costs to state governments through Medicaid. NCSL urges Congress to make certain that any prescription drug program they develop complements or enhances these state efforts.

Medicaid

State lawmakers approved a policy that urges Congress to assume primary responsibility for the Medicaid program. NCSL believes that Medicaid reform initiatives should be conducted within the context of overall health care reform, including Medicare reform since they are inextricably bound.
Legislators recognized the wisdom of Congress' efforts to provide fiscal relief in the recently enacted tax cut legislation and urged that such relief become a permanent feature of the Medicaid program in hard economic times.
State lawmakers renewed their opposition to proposals to reduce or cap federal matching funds provided to states for Medicaid services and urged the removal of caps on Puerto Rico's Medicaid program.

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