HISA And HIWU Name Alan Foreman As Ombudsman

Effective immediately, the Horseracing Integrity and Safety Authority (HISA) and Horseracing Integrity & Welfare Unit (HIWU) have named Alan Foreman, the chairman and chief executive officer of the Thoroughbred Horsemen's Associations, Inc. (THA), as ombudsman on behalf of HISA's rules, with a primary focus on the Anti-Doping and Medication Control (ADMC) Program, both organizations released in a joint statement Wednesday.

As the national ombudsman, which is modeled after the World Anti-Doping Agency's Ombuds Program, Foreman's responsibilities include:

Serving as an impartial and unbiased resource for Covered Persons and other Thoroughbred industry constituents to provide confidential advice and assistance at no cost to them in relation to the ADMC Program and the Racetrack Safety Program, including with respect to the rights and obligations of Covered Persons under both Programs.

Accepting feedback and comments from Covered Persons and other Thoroughbred industry constituents with respect to the rules comprising both Programs and communicating such feedback and comments to HISA and/or HIWU.

Providing advice to HISA and HIWU about the content and interpretation of the rules comprising both Programs.

In addition to Foreman's current position with the THA, which he is maintaining, Foreman is recognized as one of the leading racing law and equine attorneys in the United States, with expertise in medication, drug testing, equine safety, and welfare. His law practice encompasses all aspects of equine and horse racing law, and he is counsel to many horsemen's and racing industry organizations, including the Maryland Thoroughbred Horsemen's Association, New York Thoroughbred Horsemen's Association, Pennsylvania Thoroughbred Horsemen's Association, National Steeplechase Association, and the United States Equestrian Federation Drugs and Medications Program. He is co-vice chair of the Racing Medication & Testing Consortium. He chairs the Mid-Atlantic Strategic Plan to Reduce Equine Fatalities, co-authored the widely respected New York Task Force Report on Racehorse Health and Safety, and was recently named by Maryland Governor Wes Moore to the newly created Maryland Thoroughbred Racetrack Operating Authority.

Foreman has informed HISA and HIWU that he will donate all compensation paid to him by both groups in connection with his duties as ombudsman to the Thoroughbred Aftercare Alliance.

“HISA's commitment to fairness in racing includes ensuring every horseman is fully aware of our rules and processes,” said HISA Chief Executive Officer Lisa Lazarus. “I am grateful that Alan is assisting HISA and HIWU to help educate racing participants and listen and learn from them as we work together to implement HISA's regulations as evenly and effectively as possible.”

“The new ombudsman position will assist horsemen and other Covered Persons with navigating the ADMC rules, thus enhancing understanding and facilitating compliance under the ADMC Program,” said Ben Mosier, executive director of HIWU. “Alan's extensive experience in horse racing law, combined with a thorough understanding of HISA's rules, make him the ideal industry representative to take on this role.”

“I applaud HISA and HIWU for creating this important position and am honored that they have asked me to serve. It is vital for all Covered Persons and organizations to have a trusted advocate and resource for them in this new system, and I will do my best to be fair, objective, effective and meaningful. I hope this position helps to smooth the transition to our new regulatory system,” said Foreman.

Industry participants interested in utilizing the ombudsman service should reach out to Foreman via email or by phone at (410) 336-0525.

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HISA Releases Request For Furosemide Research Proposals

HISA released a request for proposals concerning research over the administration of furosemide to Thoroughbred racehorses during the 48-hour period before the start of a race, the organization said in a release late Tuesday.

This research is required as part of HISA's Congressional mandate. The conclusions will be used to guide HISA's Furosemide Advisory Committee in its recommendations to their Board on the next course of action regarding the administration of the drug.

Responses are due by Nov. 15 at 11:59 pm (ET). Questions pertaining to the process for submitting a response and final proposals can be directed to Dr. Jennifer Durenberger and/or Sam Reinhardt.

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HISA Proposes $80.9 Million 2024 Budget

The Horseracing Integrity and Safety Authority (HISA) has released its proposed budget for 2024, totaling $80.96 million, including $38.7 million earmarked for the Horseracing Integrity and Welfare Unit (HIWU), the drug testing arm of the federal program.

The total fee assessments for the states and racetracks come out to $78.5 million, but available credits potentially bring that number down to $59.8 million.

HISA's 2023 total budget was initially set at $72.5 million. That number was subsequently revised down to $66.4 million earlier this year.

The proposed 2024 budget was issued on Aug. 17, but the opportunity to publicly comment on it ended on Thursday, Aug. 24.

While the proposed budget is listed as a press release on the HISA website, it was not sent out in wide circulation via email like other HISA press releases. On Aug. 9, however, the Authority included in an email on 2022 tax filings a warning that the budget would be released “in the coming days.”

The proposed budget is broken down among the following HISA-related departments: the racetrack safety program, the Anti-Doping and Medication Control (ADMC) program, technology, and administration costs.

Among the big-ticket items, $21.2 million has been allocated for lab testing and $9.5 million for “professional services.”

The latter is a broad category denoting things like “external support for critical functions ranging from arbitration fees to companies that support our IT infrastructure and man our help desk,” explained HISA spokesperson Mandy Minger.

Some $3.6 million is set aside for legal fees, including the cost of lawsuits.

Total revenues from fines related to the racetrack safety and ADMC programs, along with other sources of income like those from lab testing, come to $3.6 million.

According to Minger, these revenues will be used to reduce the net expenses, “and therefore reduce the 2024 assessments.”

Nearly $23 million of HIWU's $38.7 million operating budget goes toward “collection costs,” with $6.7 million going toward salaries.

The total price tag of operating the entire ADMC program–which includes that for HIWU, as well as drug testing and adjudication cost—comes to $59.5 million.

The Authority's loan repayments total $1.25 million.

In a May Q&A, HISA CEO Lisa Lazarus told the TDN that The Jockey Club, the Breeders' Cup and the NTRA had all provided loans to the program, and that they were “pretty much no interest” loans designed to cover short-term operational costs.

While the proposed budget for next year is more detailed than previous iterations, it is still lacking in granular line-item details explaining exactly how the money is being used, said National Horsemen's Benevolent and Protective Association (HBPA) CEO Eric Hamelback.

“We are not surprised by the increase [from 2022 totals], but here we are once again not able to truly assess the budget due to the lack of transparency in the breakdown of the figures,” said Hamelback.

Individual racing commissions can choose to cover the assessed fee for the state–broadly speaking, a figure calculated on a formula based on total starts and purses.

Where commissions enter into a voluntary agreement with the Authority for existing personnel to conduct tasks like sample collection, conducting investigations, and adjudicating violations, the state is privy to a credit on its total assessment.

According to the proposed budget for next year, the total to be assessed comes to $78.5 million, with $18.7 million available in industry credits.

The states that decline to cover these financial assessments pass the burden of responsibility onto the racetracks in the state.

Yet to be issued, the 2024 fee assessments for the states and racetracks must be made public by Nov. 1 this year.

“We anticipate that the assessment will be released in October,” said Minger, who added that the same formula to assess these fees will be used again.

The current state and racetrack assessments are a bone of contention among various racing jurisdictions, however.

According to Hamelback, several states are “looking at the possibilities” for next year “of not sending their signal out in order to maintain racing” because of the financial burden posed by these fees.

Such a move would mirror the state of Texas, which has maintained since the advent of HISA a blackout on sending its simulcasting signal out of state in order to operate outside of the federal program's jurisdiction.

Hamelback added, however, he was not positioned to publicly name the states considering this option.

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HISA Schedules Sept. 7 ADMC Town Hall Webinar

The Horseracing Integrity and Safety Authority (HISA) will host a Town Hall webinar Sept. 7 at 12:30 p.m. ET to address questions about the Anti-Doping and Medication Control (ADMC) Program. It will be the first webinar in an anticipated series to connect industry participants with HISA leadership. Both HISA and the Horseracing Integrity and Welfare Unit (HIWU) leadership will be on hand during the webinar to provide clarity on the ADMC Program's rules, regulations, processes, and procedures.

The webinar is open to anyone in racing. Registration is now open and participants are encouraged to submit questions on the registration form regarding the ADMC Program.

HISA CEO Lisa Lazarus will host the webinar, with speakers including HIWU Executive Director Ben Mosier, HIWU Chief of Science Dr. Mary Scollay, HIWU General Counsel Michelle Pujals, and HIWU Chief of Operations Kate Mittelstadt.

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