Harvey Peeler

We returned to Columbia for the 2011 session with a big mess on our hands. Unemployment is still among the highest in the nation. Health care agencies are running record deficits. We’ve lost so much money from our state’s coffers that we now have to cut essential services. I’ve said it before and I’ll say it again – things are going to get worse before they get better.

By electing me as your Senator, you’ve asked me to make the difficult decisions for you, but I cannot do it without your guidance. I need you to tell me what’s on your mind.

Will you spend the next five minutes taking my brief survey about some of the most important issues we’re tackling this year? Will you then take time to fill in the last box and tell me how your family is doing during this tough economic time?

I look forward to hearing what is on your mind.

Should we pass tougher tort reform laws stopping trial lawyers from suing companies out of business?

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Do you believe the Governor and Lt. Governor should run on the same ticket?

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What do you think the TOP priority of South Carolina’s Senators should be?

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Sincerely,

Harvey Peeler

SC State Senator

The debate over requiring S.C. voters to show photo identification at the polls is moving forward.

The Senate Judiciary Committee voted 17-4 Tuesday to advance the measure to the Senate floor after amending the House version. House Republicans pushed their bill through last week on a party-line vote.

Senators substituted a version of the bill that passed the chamber last year, with a few tweaks. The Senate version adds a two-week window of early voting in up to three locations per county. It also adds to the list of accepted photo IDs.

Voters currently can show either a driver’s license or voter registration card, which lacks a photo.

The measure died last year with the House and Senate were unable to agree on a compromise between their competing versions
Read more here.

Yesterday HHS director Tony Keck met with the Finance Committee to give us some disturbing news. This is why last week I introduced a resolution suspending the budget provisos tying Keck’s hands as he enters his new job. We need to give him as much flexibility as possible to tackle this massive problem.

By Yvonne Wenger
COLUMBIA — The state Medicaid director told lawmakers Tuesday he needs $228 million in the next several months or South Carolina is going to have to cut loose hundreds of thousands of poor, disabled and elderly residents who rely on the state for health care.

Tony Keck’s testimony before House and Senate budget writers sets the stage for a major clash over how the state will pay its bills, given the alternative of being the only state in the nation to consider withdrawing from the federal Medicaid program.

The decision to allow the Department of Health and Human Services to operate with a deficit will be made next week by the Budget and Control Board, which is chaired by Gov. Nikki Haley, who has not yet revealed where she stands on allowing her Cabinet agency to operate in the red.

State lawmakers, chiefly Senate President Pro Tem Glenn McConnell, R-Charleston, have insisted the agency find a way to make do with the cash the Legislature allocated and not come back for more.

Keck was put in the hot seat on his fourth day in the job.

“I didn’t come here on a suicide mission,”

Keck told lawmakers. “I came because it was my assessment that South Carolina is poised to do some really remarkable things.”

Lawmakers indicated that the state could shift to the Medicaid program an extra $300 million in tax collections that the state government is now projected to collect above original budget estimates.

And to prepare for another deficit at the Health and Human Services Department next budget year, lawmakers are considering allowing the agency to cut the rates it pays doctors, hospitals and nursing homes that treat Medicaid patients. The agency’s budget shortfall for the upcoming fiscal year that begins July 1 could reach nearly a half a billion dollars.

The Legislature has protected those rates during the economic downturn, for fear the providers would stop treating Medicaid patients if the state paid them less. But Keck said he needs the flexibility to run his agency, which saw another 4,800 people enroll in Medicaid last month alone.

Keck said that if lawmakers give the agency flexibility, it will give him a bargaining tool to help control costs. Keeping every health care provider in business should not be the state’s goal, Keck said. Instead, the goal should be keeping the system stable and using the least amount of tax dollars necessary to create a healthy population, he said.

Keck did not provide a road map on how the agency will handle the massive budget shortfalls. He did, however, lay out plans to change the way the system operates to make it more efficient. He also insisted that South Carolina can’t rely on budget cuts alone to come up with a solution.

In outlining his sweeping goals, Keck said he will evaluate whether the state is spending its money in the right places, determine how much South Carolina is paying for health care and investigate elements of the state’s Medicaid programs, such as the use of managed-care organizations. Specific ways to address costs could include forcing health care providers to look at their staffing ratios, raising patient co-pays within the confines of federal restrictions, and pushing for tort reform on medical malpractice suits, Keck said.

Keck’s hands are tied by the federal government in terms of making significant changes to the Medicaid program. Haley has directed him to draft options she can take to President Barack Obama to allow South Carolina to opt out of the new federal health care law, which is being challenged in federal court. Keck said the governor has told him to report back to her as soon as possible.

Sen. Phil Leventis, D-Sumter, cautioned Keck to remember that lives hang in the balance, as he makes decisions to run the Medicaid agency.

“It’s not a toolbox; it’s people and it’s tax dollars and it’s the investment we make in health care,” Leventis said.

Courtesy of The Post and Courier

We returned to Columbia for the 2011 session and have already taken strong steps toward government transparency. We’ve put more votes on the record and passed a new rule making the state budget available for 72 hours for public review before we can take it up. Still, many of people are fighting government reform. I just don’t know why. Voters across the state spoke with overwhelming clarity last year and told us that they want more on-the-record voting, spending caps, and efficient government through restructuring.

Folks, it’s time to move on. Let’s get the reform bills passed immediately so that we can concentrate on job creation. Government reform is the first step. We must make government more efficient so that we can keep taxes low. We must have greater spending transparency so that legislators aren’t wasting money. These actions will help fix our economy and recruit new companies to our state. But we’ve been concentrating on these issues for far too long. It’s time to act and get on to other matters like tort reform, one of the most important concerns impacting job creation in South Carolina.

Last year our state received a major business win by landing Boeing, and while there were many factors influencing the company’s decision to locate here, state leaders such as then-Secretary of Commerce Joe Taylor credit fundamental issues like tort laws and workers’ compensation as playing a key role in the location decision. It simply makes sense. If Boeing was content with workers going on strike or over-regulation from the government, they would have stayed back in Washington State.

In order to retain our current businesses like Boeing and attract new ones to the state, it is critical for our state to ensure a fair and predictable legal climate. This isn’t some sort of attack on lawyers — some of my best friends practice law. It is simply about protecting businesses from people trying to make a quick buck when they see a business with perceived deep pockets to plunder.

Having a state that has an “open for business” sign hung out front isn’t just benefiting us. Back in August, Oklahoma Senate President Pro Tempore Glenn Coffee said that one of the main reasons Boeing moved more than 500 jobs from California to his state can be chalked up to his state passing effective tort reform in 2008. Here at home, pro-business organizations have been asking for a new law, but despite our best efforts the trial lawyer lobby has been doing everything it can to shut down our work on the legislation.

Ask any business owner which issues have the biggest negative impact to their bottom line, and you are almost guaranteed to hear the response of tort claims as one of the reasons. In fact, six out of ten small business owners feel they would be able to increase their revenue if there was assurance that they would be protected from frivolous and unfair lawsuits.

Last year, small businesses in the U.S. paid $105.4 billion for tort liability. These costs are exorbitant, unreasonable, and create an unpredictable business environment in our state, especially during uncertain economic times when we cannot afford to scare off jobs or new investment.

Punitive damages reform is a top priority. Our neighboring southern states, North Carolina and Virginia, have limits on punitive damages that provide the predictability that the business community needs to thrive in our global economy. In fact, the majority of southeastern states limit the amount of punitive damages awards. We need our legal system to be fair and predictable like those of our neighboring states.

Five years ago, we were able to pass a bill on medical tort reform. A major concern then was that doctors’ insurance costs were pricing them out of the profession. The cost of insurance means just as much to a small business. Two years ago, the publication Insurance Journal said South Carolina is on the way to being where we need to be, but that we still have rules on the books that can make our state prohibitive to operate in. We have a lot of ailing, rural counties in our state, and giving businesses every chance to start up, expand, and hire more workers should be a top priority — not only in our present circumstance, but in every circumstance.

It’s time to restore common sense to the legal system in South Carolina. By doing so, we will lower litigation costs for South Carolina businesses, allowing them to focus on growing and creating new and better jobs for our citizens. I urge you to support civil justice reform in 2011 and reach out to your senator or representative to let them know that you think it’s time for our state to restore fairness and predictability to our legal climate.

- Harvey Peeler

A picture is worth a thousand words. This picture shows that I am backing our governor.

Last week, Governor Haley laid out for South Carolina the direction she intends to lead the state, and I’ll be right there to help out along the way. As I said after Gov. Haley’s State of the State speech, “I’m looking forward to being one of her legislative soldiers, and — you ask me why — because she asked us to, and that’s what that speech was tonight. She asked us to help her help South Carolina, and my answer’s going to be ‘yes.’”

Times are tough, and the decisions we have to make are hard. Gov. Haley is taking an aggressive stance in favor of cutting spending and improving efficiency. Our government can’t, and shouldn’t, be all things to all people, even in good times. The conservative agenda she rolled out is exactly what we need to be doing.

Restructuring government by consolidating agencies and eliminating redundant functions serves to both save taxpayer dollars and improve the function of state government. We need to simplify and make public school funding better, and get the state out of the school bus business. The state cannot keep looking to the federal government to fix our budget problems or provide incentive(s) for more spending. South Carolina has to depend on South Carolina, not Washington.

Standing up to Washington bureaucracy and union intimidation is part of making our state more business-friendly. Gov. Haley’s nominee, Catherine Templeton, to lead the Department of Labor, Licensing and Regulation is a good step. Now we’re having to fight the National Labor Relations Board to protect the constitutional amendment that our state approved by 86 percent last November. That amendment keeps the protection for our workers to vote by secret ballot in union representation elections.

In the Senate, we’ve been working hard to get things on the record. Since the session began, we approved a rules change to require roll call voting. We are currently working to pass a constitutional amendment to permanently implement on-the-record votes. We also approved a 72-hour waiting period before votes on any spending measure. That gives you, me and everybody enough time to read the proposal.

We’ve only just started. But I’ll be doing everything I can, and with Gov. Haley’s leadership, we can go forward with desperately needed conservative reforms.

To view my remarks after Gov. Haley’s speech, please click here.

A state Senator has filed a bill giving a state health care agency more flexibility to cut its budget and close a $228 million budget deficit.

Senate Majority Leader Harvey Peeler, R-Cherokee, filed a bill suspending budget rules that restrict cuts the Department of Health and Human Services may approve. Peeler’s bill would allow the agency to reduce payments to doctors and hospitals; require use of generic cancer, HIV/AIDS and mental health drugs; reduce chiropractic treatment and reduce fees to dispense prescriptions.

The changes would save at least $11.5 million. DHHS has long asked lawmakers for the ability to cut rates to doctors and hospitals, but had been the only state health care agency forbidden from doing so.

The change would apply to the current budget as lawmakers are considering ways to close a $829 million budget shortfall for the year beginning July 1.

Courtesy of The State

The state Senate unanimously approved Tony Keck to direct the Department of Health and Human Services. Ashley Byrd has this report on what is ahead for him:

AUDIO: Report on what is next for Keck (:41)

Haley has suggested a 10 percent cut in reimbursements to health care providers, which would follow the legislature’s loosening of restrictions for Keck to set his own agency’s rates.

Haley released the following statement after the Senate confirmed Keck :

I’d like to thank the Senate, and its Medical Affairs Committee chaired by Senator Harvey Peeler, for moving swiftly to confirm Tony Keck. Tony’s confirmation is a win for South Carolina. He is one of the brightest health care minds in the country, and we’re on the same page when it comes to fighting for health care reform that serves taxpayers without compromising quality of care.

Keck served under Governor Bobby Jindal as Deputy Secretary of Louisiana’s Department of Health & Hospitals (DHH) and served as Interim Secretary of Louisiana’s DHH briefly.

Courtesy: South Carolina Radio Network

COLUMBIA, S.C. – Governor Nikki Haley today released the following statement after the State Senate confirmed Tony Keck as Director of the South Carolina Department of Health and Human Services:

“I’d like to thank the Senate, and its Medical Affairs Committee chaired by Senator Harvey Peeler, for moving swiftly to confirm Tony Keck,” said Gov. Haley. “Tony’s confirmation is a win for South Carolina. He is one of the brightest health care minds in the country, and we’re on the same page when it comes to fighting for health care reform that serves taxpayers without compromising quality of care.”

Mr. Keck served under Governor Bobby Jindal as Deputy Secretary of Louisiana’s Department of Health & Hospitals (DHH) and served as Interim Secretary of Louisiana’s DHH briefly. He is the third confirmed Cabinet appointee, following Bobby Hitt (Commerce) and Catherine Templeton (LLR).

Courtesy: Office of the Governor

My ETV response to Governor Haley’s State of the State address is right after the 3 minute mark.

COLUMBIA, S.C. (AP) — South Carolina Gov. Nikki Haley’s nominee to run the state’s cash-strapped Medicaid agency won initial approval Thursday in a Senate confirmation hearing but won’t get final approval until next week.

Anthony Keck, 43, would run the South Carolina Department of Health and Human Services, the Medicaid agency that provides health care coverage for the state’s elderly, disabled and poor. The agency is running a $228 million deficit in the current fiscal year. Haley also charged Keck with finding a way to avoid being part of the federal health care overhaul law.

The Senate could give Keck final approval next week. Keck declined to talk to reporters until after that vote. Haley has asked the Senate to wrap up all confirmation work on her Cabinet nominees by Feb. 1.

Keck has been deputy secretary for Louisiana’s Department of Health and Hospitals since October 2009. The committee’s screening process turned up a couple of instances of late and erroneous taxes that Keck said he had taken care of previously.

Senate Medical Affairs Committee Chairman Harvey Peeler, a Gaffney Republican, asked Keck “the $228 million question” — how he’d deal with the current fiscal year deficit at the agency. Keck’s predecessor had told the state’s financial oversight board that unless the state covered the shortfall, it would have to shut down payments to health care providers on March 1. Peeler wanted to know whether Keck would continue to pursue the request or pare it back.

Keck said every state is running midyear deficits tied to growth in enrollment as the nation’s economy recovers from a recession and ongoing state budget problems. “I think there is no silver bullet strategy to solve that problem,” Keck said, noting he’s still getting a grasp on the problem.

Midyear spending cuts are hard and have to come within federal restrictions that limit a state’s ability to reduce programs. “In this case, operating the program essentially as agreed with the federal government seems to be costing us $228 million more than we thought,” Keck said. “It will have to be a multi-prong strategy. It cannot rely, in my opinion at this juncture, solely on cuts.”

Keck said it “just isn’t possible” to wring $228 million out of a $1.3 billion general tax fund budget in three months.

Peeler asked Keck how he planned to get South Carolina out of the Obama Administration’s mandatory federal health care program.

That’s not so easy, Keck said. South Carolina still has to develop plans to comply with the law, Keck noted, even as the state develops a strategy for going its own way, other states challenge the federal law in courts and Republicans try to repeal it in Congress.

“We as an agency can’t make the bet that the law’s going to get repealed or it’s going to be found unconstitutional,” Keck said.

The federal law will prompt thousands of decisions that need to be made during the next few years and that means the state has to do the best it can to make sure it is treated well under the law, Keck said.

Courtesy: Bloomberg