BILLS INTRODUCED BY SENATOR THERESE M. TERLAJE TO STRENGTHEN AUTISM SERVICES ON GUAM UNANIMOUSLY PASSES

FOR IMMEDIATE NEWS RELEASE (April 29, 2019 – Hagåtña): On the Hills of Autism Awareness Month, two bills introduced by Senator Therese M. Terlaje were voted on in today’s legislative session and received unanimous support.

Bill 66-35 (COR) seeks to increase health insurance coverage to a maximum benefit per year of $75,000 for an eligible person up to the age of 15 and a maximum benefit of $25,000 per year for an eligible person who is between the ages of 16 and 21.

Current insurance mandates under Hunter’s Law allows a maximum benefit of $50,000 per year for an eligible person only up to the age of 9, and limits the treatment of Autism Spectrum Disorder to a $25,000 maximum benefit per year for an eligible person who is between the ages of 9 and 21.

According to the Guam Autism Center and families that testified in support of Bill 66, most children on the spectrum require early intensive behavior intervention at roughly 25 to 40 hours per week and can make tremendous strides with it. The current stipulations only allows for an average of 15 to 17 hours of therapy a week for children zero (0) to nine (9) and merely half of that for those 9 to 21 years of age.

“Although it was a great start and critical to bringing ABA therapy to Guam, the present dollar cap and age restrictions severely limit access to much needed care resulting in sub-optimal treatment and slower, less desirable progress,” stated Dr. Vincent Dueñas of the Hunter Speaks Organization that facilitates the Guam Autism Center.

FIRST NOTICE of Public Hearings – April 29, 2019 at 9:00 AM and May 6, 2019 at 1:00 PM

Senator Terlaje believes an examination of whether sentencing laws, rehabilitation, and parole are protecting our community from repeat sex offenders in necessary. The meeting will take place on May 6th at 1 p.m.  Prior to the meeting, Senator Terlaje is soliciting additional recommendations and findings.  Additionally, Senator Terlaje is inquiring with the Attorney General if proper procedures were followed in the Mafnas case.

“As a mother of three daughters, I share the justifiable anger of the women and men in our community at the high number of criminal sexual offenses and especially those against children on Guam.  I am convinced that the incidences of repeat rapists warrants an urgent look by elected officials, the courts, and the entire criminal justice system at whether our current sentencing, imprisonment, rehabilitation, and release of sexual offenders is truly protecting our children and our community from repeat offenders.  There are obviously gaps that need to be closed immediately to prevent further harm.  We owe it to our children and to the survivors of these horrendous crimes to move heaven and earth to keep them safe.  As a lawyer and in my capacity as Chair of the Legislative Committee on Justice, I will begin with closing any gaps in our system that enable repeat offenders. We will ensure that laws that require victims to be heard and protected are enforced and that everyone is held accountable.  We must immediately incorporate updated mental health, medical, and other tools to stop sexual crimes,” states Senator Terlaje.

See the following news reports regarding the upcoming Roundtable Discussion:

https://pacificnewscenter.com/senator-therese-terlaje-to-review-parole-board-procedures-in-mafnas-case/

https://www.guampdn.com/story/news/local/2019/04/19/woman-raped-paul-mafnas-jr-furious-he-released/3504695002/

https://www.postguam.com/news/local/he-ruined-another-person-s-life/article_2edd6880-6006-11e9-ba3e-ff37a47ad0c8.html

Senator Therese Terlaje and Senator Sabina Perez: Support the Health of Our People; Our Voices Matter

FOR IMMEDIATE NEWS RELEASE (April 17, 2019 – Hagåtña)

Senator Therese Terlaje and Senator Sabina Perez were concerned after hearing several government agencies’ comments on the Mariana Islands Training and Testing (MITT) draft Supplemental Environmental Impact Statement (SEIS) and are encouraging all to have a say in the health and well-being of our livelihood and environment as impacted by military testing and training in our region.  The April 17th deadline has been extended to April 27th for the public to submit comments to the Department of the Navy on the proposed actions in the draft Supplemental Environmental Impact Statement (SEIS). 

The draft SEIS is an update to the 2015 Final MITT Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) and is intended to assess potential environmental impacts that would be caused by the Navy’s training and testing activities that include the use of active sonar and explosives.  This study area encompasses 984,601 square nautical miles of the entire ocean across and beyond the Mariana Islands, which is larger than the states of Washington, Oregon, California, Idaho, Nevada, Arizona, Montana and New Mexico combined.

Currently, the Navy’s permit allows 12,580 detonations of various magnitudes per year for 5 years, and 81,962 takings (or killings) of 26 different marine mammal species per year for 5 years. 

On August 15, 2019, Senator Therese Terlaje and Senator Sabina Perez conducted a joint informational briefing on the 2019 MITT Draft Supplemental EIS and invited Bureau of Statistics and Plans, Guam Environmental Protection Agency, Department of Agriculture, Guam State Historic Preservation Officer, Guam Preservation Trust, Guam Historic Preservation Review Board, Guam Waterworks Authority, and Guam Solid Waste Authority to share their expertise and comments on the potential impacts of the MITT on Guam’s environment, resources, cultural sites, and health.

Agencies highlighted various concerns:

Brent Tibbets, Biologist with Fisheries Section of Guam Department of Agriculture

He states, “reviewing the EIS, there are several portions of it that are comment worthy. I guess I would say one, of course, is the potential to interact with marine mammals with the activities that we see being proposed. Sonar, vessel interactions, explosive detonation in the water, all of these have the potential to impact marine mammals. One of the concerns from the EIS is that for all of the marine mammals that are mentioned, I don’t think there’s a single one that has the most current information available listed with it. We have information on strandings, on sightings, on whales sighted giving birth that were not mentioned in the EIS anywhere. And I’m not certain where that information was gotten from, but all of this information that was provided to our federal partners as well as that we have available, was not mentioned in the EIS.”  He continues to state, “We do have additional stranding records. We have additional records of marine mammals identified giving birth in the region. One of particular concern is the mention of the Agat offshore mine detonation site. That’s almost precisely where we have photographic evidence of sperm whales giving birth which are both marine mammal and endangered species listed organisms. Though it’s not listed anywhere in the EIS that incidents like that. Another area of concern is vessel strikes. Vessel strikes with marine mammals are addressed in the EIS but we have a greater incidence of vessel strikes with sea turtles on Guam. We’ve had at least five sea turtles killed by vessel strike in the last seven years on Guam that we’ve been able to identify. It’s difficult to identify the vessel that did strike the turtle. Nearly all of these occurred in inner Apra Harbor which is pretty much closed to all activity except military vessel activities. So the implication is that it could be military vessel strikes that are causing the sea turtle mortality. Another area in the EIS is mentioned… a large area to southeast of Guam Whiskey 517 is an area it was mentioned. It was very closely related to some offshore fishing banks where we documented a fair amount of fishing activity. In the last two years those banks have been off-limits about a 120 days, an average for the last two years which is about a third of the year for activity and primarily for fishing activity. Now they do fall just outside the range that is delineated but we’ve had fishermen report that when they get down to the banks there are military vessels that are telling them to not enter while activities are going on even though they’re outside the area.”

Edwin Reyes, Administrator, Guam Coastal Management Program, Bureau of Statistics and Plans

He states during his slide presentation regarding the MITT process, “it’s going to be a discussion on mitigation or project adjustments.  So this is an engagement process where we can understand the project fully but then also work to ensure that the resources of the territory are protected.”  He further states, “so the initial concepts that we’ll be looking at just by reading the executive summary (of the SEIS) one of them is marine habitat. So we want to ensure that military expended material will not pose contamination threats as material breaks down. This is not only a direct impact as the detonation occurs but any particles that may be consumed by organisms that can affect the food chain.  We’re not looking at just the moment but what could happen after the activity takes place.  We are concerned about any kind of seafloor detonations within our coastal zone and this doesn’t matter if there’s no corals on hard bottom or substrates.  With or without the presence of coral we know that the hard bottom substrate is an important area where coral polyps can settle and we want to be sure that that habitat is protected.”

Jesse Cruz, Administrator, Guam EPA’s Environmental Monitoring and Analytical Services

He mentions 12 different issues with the draft SEIS.  Two of the 12 issues are the following: “At minimum, a yearly report should be produced summarizing all activities identified in the MITT.  There is no current mechanism to evaluate if the activities and quantities identified in the MITT are met or exceeded.  Report should also address any impacts to stressor types.”  Additionally, he states, “Neither the 2015 MITT nor the 2019 Supplemental MITT have a discussion on the rational for an increase from a 10 lbs. underwater mine charge to the new standard of a 20 lbs. charge for the listed mine detonation activities.  What is the justification for the increase?  This needs to be further explained and justified.” 

Joe Quinata, Chief Program Officer, Guam Preservation Trust and

Dave Lotz, Member of Guam Historic Preservation Review Board

Regarding the Cultural Resources section of the draft SEIS, the State Historic Preservation Officer was not present at the informational briefing but did relay to her oversight chair that her concern was that the list of cultural resources referenced in the SEIS does not fully incorporate all the cultural resources that may be impacted.  Representatives from the Guam Preservation Trust and the Guam Historic Preservation Review Board echoed the SHPO’s sentiments.

The draft SEIS for the MITT is available at https://mitt-eis.com/.  The public is encouraged to submit their comments at https://mitt-eis.com/ by April 27, 2019.

Terlaje and Perez both reiterate, “Guam does not have a seat at the table to say yes or no to the detonations or use of sonar in our lands and waters.  But we can, for the sake of our children, make it very clear on the record that we individuals and agencies object to the cumulative harm.  We are looking to our government agencies and all of our leaders to do whatever it takes to protect our resources and health.”

See copies of all of the written comments from the agencies present at the informational briefing below:

Senator Therese Terlaje: Funding for FY 2019 Medicaid Shortfall Must Be Our Priority

FOR IMMEDIATE NEWS RELEASE (April 10, 2019– Hagåtña) – Senator Therese M. Terlaje introduced Bill No. 78-35 (COR) to address the $5.6 million dollar shortfall the Department of Public Health and Social Services (DPHSS) is facing to pay Medicaid claims to private entities through the end of Fiscal Year 2019.

Based on claims received, current processing, and expenditure projections, DPHSS needs approximately $5.6 million dollars for local matching requirements and only has enough funding through the first week of April for regular Affordable Care Act (ACA) Medicaid and Medicaid Childless Adults claims from private medical providers.

The Medicaid Program subsidizes health care costs for approximately 43,549 low-income individuals. Appropriating $5.6 million dollars for local matching requirements for the Guam Medicaid program will allow DPHSS to access an additional $6.8 million dollars in federal Affordable Care Act (ACA) grant funds.

Senator Therese Terlaje first called attention to this shortfall in Medicaid funding during a February 7, 2019 informational briefing with DPHSS and with her introduction of Bills No. 35-35 and 36-35.  At that time, DPHSS reported a potential $13.3 million dollar shortfall for local matching funds for Medicaid.  Since then, an Executive Order was signed by the Governor to redirect $7.7 million dollars of the FY 2019 GMHA Pharmaceutical Funds back to DPHSS to pay GMH Medicaid claims, leaving a shortfall of approximately $5.6 million dollars for non-GMH Medicaid claims. 

Still left untapped is approximately $61 million in federal ACA Medicaid funds that DPHSS is unable to tap due to a lack of local matching funds. All federal ACA funds expire in September 2019. This year Guam has already used $13.1 million of local funds to access $15.6 million of the ACA funds for Medicaid claims. A $10.5 million decrease in federal funds is indicated in the Governor’s 2020 budget request, and $3 million in Compact Impact funds are allocated towards Medicaid.

“With the many and current competing interests on our island, I still believe that one of our top priorities should be the health and wellness of our most vulnerable families who are eligible for Medicaid. There is an urgent need to invest in the local match requirement for Medicaid in this fiscal year, in order to access federal grant funds to pay for Medicaid claims.  If we do not prioritize this now, we may lose our opportunity to tap into those federal ACA grant funds and many of our low-income families may not get the care that they need,” stated Senator Terlaje.

She further stated, “Clearly this situation was a priority months ago and today it is a potential crisis. DPHSS has exhausted its FY19 local Medicaid appropriation with five months left unfunded and $61 million in federal funds waiting to be tapped. The government cannot afford to cover these patients without the federal match, and our community cannot afford the risks of even a temporary shutdown in health services to these patients. The government must immediately allocate additional funds to DPHSS through this bill or the bill introduced two months ago, through the Governor’s transfer authority, or by redirecting Compact Impact funds.”

Legislature Affirms Bi-Partisan Support for “The Radiation Exposure Compensation Act Amendments of 2019,” to include Guam as a Downwind Area

FOR IMMEDIATE NEWS RELEASE (April 3, 2019– Hagåtña)- Senator Therese M. Terlaje, with the full backing and sponsorship of all senators of the 35th Guam Legislature, introduced Legislative Resolution 94-35 (COR) in support of S. 947, “The Radiation Exposure Compensation Act Amendments of 2019,” which includes Guam residents exposed to radiation during nuclear testing in the Pacific from 1946 to 1962.

S. 947 was introduced in the U.S. Senate by Senator Mike Crapo (R- Idaho) and would expand eligibility requirements and increase compensation for persons suffering health problems related to cancer caused by radioactive fallout from nuclear bomb tests. Idaho, Arizona, Colorado, Montana, New Mexico, Nevada, Utah and Guam would be added to existing areas where victims can apply for compensation under the federal Radiation Exposure Compensation Act program (RECA). Qualified claimants are entitled to free medical care, health screening, and $150,000 compensation for certain illnesses.

In 2004, The National Academies of Science confirmed Guam’s exposure to radiation as “downwinders” and recommended that Guam be included under RECA. Fifteen years later, Guam still fights an uphill battle for inclusion. S. 947 is the eighth (8) version of the RECA Amendment bill introduced in the last twelve (12) years.

“Guam has been united in this effort for many, many years through the leadership of the Pacific Association of Radiation Survivors (PARS), Mr. Robert N. Celestial, the late Dr. Chris Perez, the late Senator Angel Santos, former Speakers Ben Pangelinan, Mark Forbes, Judith Won Pat, BJ Cruz, and many others. Justice is long overdue and given the high cancer rates and other radiation related illnesses in Guam, the additional healthcare resources under this bill are urgent,” stated Senator Therese Terlaje.