Dear Neighbors,
I hope you have enjoyed the first full week of 2016. Here is an update on what has been making news at the Capitol.
Real ID Working Group
News broke late Friday afternoon, from the Department of Homeland Security, that Minnesota has until 2018 at the earliest to come into compliance with federal Real ID standards.
This means that Minnesotans will be able to board a commercial aircrafts until at least 2018. By then, the legislature almost assuredly will have come to a solution on the issue of compliance. For those that may still have concerns, enhanced driver’s licenses offered by the state are available for an additional $15 at select license and exam stations. These driver’s licenses meet Real ID standards.
Regarding the policy issues and implications of the Real ID Act, I believe some background is helpful. In 2005, Congress passed the Real ID Act. The Act itself was included as a “rider” on an emergency appropriations bill for tsunami relief and defense spending which passed with overwhelming bipartisan support. This means that the Real ID bill was included as part of a larger spending bill.
The act requires all states to develop an ID that would meet certain minimum security requirements – 43 to be exact (Minnesota currently meets all but 11). Additionally, the act requires all states to “provide electronic access to all other states to information contained in the motor vehicle database of the state.” It also prohibits federal agencies from accepting licenses from non-compliant states in order to access secure areas of federal facilities, board federally regulated aircrafts, enter nuclear power plants, and “any other purpose that the Secretary of Homeland Security shall determine.”
Concerns regarding the Homeland Security Secretary's broad authority to determine uses for Real ID, combined with questions regarding a national database of private information led 32 states to oppose Real ID after its passage. Minnesota was not an outlier, and there are still several states that are not in compliance - they have been granted extensions from the federal government.
A bill was passed in 2009, with bipartisan support, that prohibited the Department of Public Safety from taking any action to implement the Real ID Act.
This led to the working group that met on Thursday, which was focused on a potential repeal of all or parts of the 2009 law. A number of the concerns that led to the legislature banning Real ID in 2009 still stand, and again these concerns exist with members on both sides of the political aisle.
I believe there is a way forward, although I still have concerns regarding data privacy. Perhaps we can look at repealing or amending parts of the 2009 law to allow the Department of Public Safety to study the issue and develop options for our state, while simultaneously issuing a joint resolution to our congressional delegation asking them to repeal the Real ID Act.
Regardless, REAL ID is a top priority for the Legislature and something that will be addressed during the coming session. I remain committed to striking this balance between compliance and privacy for citizens.
News Regarding Anoka-Metro Regional Treatment Facility
Last month, the Centers for Medicare and Medicaid Services (CMS) notified the Department of Human Services that the Anoka Regional Treatment Center (AMRTC) may no longer be able to bill for Medicare and Medicaid Services. This would dramatically reduce funding for the AMRTC and put its operations in jeopardy.
As a result, CMS set a January 4, 2016 deadline for terminating AMRTC’s participation in and ability to bill Medicare and Medicaid for services provided. After discussions between the Department of Human Services and CMS, CMS extended the termination deadline to March 5, 2016 to allow the department to negotiate a Systems Improvement Agreement (SIA). Under the SIA, AMRTC will have the opportunity to come into compliance with federal standards with the help of external consultants.
Since last May, I have visited the Anoka Regional Treatment Facility on two separate occasions. Both times the message from staff was clear—changes need to take place to ensure their safety. I am committed, along with my colleagues on the Health and Human Services Committee and those in the Department of Human Services, to address the many systemic problems facing this facility and find a solution that will create better working conditions for all.
It is encouraging that CMS has agreed to extend the termination deadline and I am hopeful that an agreement can be reached that satisfies all involved parties.
Staying in Touch
A reminder that there is a primary election on January 12th in our Senate District to fill the vacancy left by the resignation of former Senator Branden Petersen. For information on your polling location, visit here.
As always, please do not hesitate to contact me if you have questions, comments, or concerns on anything related to state government. It would be an honor to discuss your ideas on how we can make Minnesota better for everyone. I can be reached by phone at 651-296-1729 or via email at rep.abigail.whelan@house.mn.
You can also stay up-to-date on everything that is happening in St. Paul by visiting my Facebook page and Twitter account.
Sincerely,
Abigail