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After Accepting $290,000 from Tobacco Industry, House Conservatives Push ‘Cigarettes For Children’ Amendment

Rep. Denny Rehberg (R-MT)

Last week, the House Appropriations Committee approved an amendment by Rep. Denny Rehberg (R-MT) that would immunize the tobacco industry against many FDA regulations preventing them from making tobacco more addictive and marketing it to children.  According to a joint statement by the American Cancer Society Cancer Action Network, the American Heart Association and the American Lung Association and the Campaign for Tobacco-Free Kids:

[T]he amendment would curtail the Food and Drug Administration’s (FDA’s) authority to regulate the contents of tobacco products. It would severely limit the kind of evidence FDA could consider in regulating tobacco and other products and eliminate the FDA’s ability to stop tobacco companies from adding ingredients that make their products more attractive to children and minorities, or more addictive and more difficult to quit using. [...]

Among other things, the Rehberg amendment would restrict the FDA’s ability to regulate the use of menthol in cigarettes. The FDA’s Tobacco Products Scientific Advisory Committee in March 2011 issued an exhaustive report that concluded menthol increases the number of kids who start to smoke and reduces the number of smokers who quit. … [And] the addition of menthol is just one example in the tobacco industry’s long history of designing their products to make them more attractive to children and minorities, or more addictive and difficult to quit using. … The tobacco companies add sugars, flavorings and other substances that make their products easier to use and attractive to children. While there may not be evidence that these additives increase the risk of cancer or other diseases, the FDA should be able to stop such actions that make cigarettes more appealing to children and increase the number of kids who smoke.

The amendment, whose supporters in the Appropriations Committee accepted almost $290,000 in campaign contributions from the tobacco industry, may fall due to a turf war among Republican committee chairs. House Energy & Commerce Committee Chairman Fred Upton (R-MI) is expected to succeed in an attempt to kill the amendment because it attempts to “legislate on an appropriations bill” in violation of the House rules. Such a procedural objection, however, does little to prevent Rehberg’s gift to the tobacco industry from being repackaged in another bill.

If past is prologue,  such a rebirth of Rehberg’s misguided amendment is likely. FDA recently regained the power to regulate tobacco after President Obama signed a bill permitting such regulation in 2009. So a bill stripping FDA of that power would fit the House GOP’s top agenda item — repealing every single one of Obama’s accomplishments, no matter how much they benefit the American people.

After all, who cares about a silly little thing like preventing kids from smoking when there are political points to be scored against Barack Obama?

Sean Savett

NEWS FLASH

Sunscreen Industry Warns FDA’s New Regs Will Increase Prices | Via Inside Health Policy: “FDA’s new broad spectrum sunscreen standard, which measures ultraviolet A and B rays in tandem as opposed to separately as previously proposed by the agency, could drive up the cost of products with a higher sun protection factor, create marketing challenges and require quick product reformulations for sunscreen companies, which have to comply within a year.”

NEWS FLASH

Life Expectancy Stagnating, Decreasing Over Much Of U.S. | A study done by the University of Washington found that life expectancy has been stagnant for much of the country and is actually decreasing over much of the Southern portion of the United States. Obesity, poorly controlled blood pressure and a shortage of primary-care physicians are cited as potential factors. The U.S. now ranks behind most industrialized nations, falling to 37th world-wide. — Jennifer Kalaidis

REPORT: GOP’s Efforts To Repeal Health Law Are Already Undermining The Success Of Reform

The Commonwealth Fund is out with a new report examining why enrollment trends in the Affordable Care Act’s high risk insurance pools — temporary coverage programs for uninsured people who can’t find coverage in the individual market — have generally fallen below expectations. Besides the obvious structural challenges, Jean P. Hall and Janice Moore also suggest that the GOP’s efforts to repeal the law may already be undermining the high risk insurance program:

– SHORT IMPLEMENTATION PERIOD: “Given the short implementation timeline, PCIP administrators did not have ample resources available to conduct extensive outreach at the outset of the program.”

– UNINSURED HAVE STOPPED LOOKING: “[P]eople with preexisting conditions who have been uninsured for a long time may have stopped looking for insurance and may therefore be harder to reach via traditional outreach campaigns.”

– UNAFFORDABLE: “Because the PCIP coverage is based on the individual insurance market, premiums and out-of-pocket costs are generally higher than for people enrolled in group insurance plans.”

– MISCONCEPTIONS ABOUT THE LAW: “In late 2010, for example, many heated election campaigns were declaring that health reform would soon be repealed and/or replaced, or at least de-funded…. Indeed, a February 2011 poll by the Kaiser Family Foundation found that almost one-quarter of the American public believed that the Affordable Care Act had been repealed, while another quarter did not know the status of the law.”

Enrollment finally topped 20,000 in April and is expected to increase in the months ahead. Recently, the Department of Health and Human Services “announced that it would lower premiums in the 23 states where high-risk pools are operated by HHS. The remaining 27 sates run their own plans.”

Virginia Presses Ahead With Exchanges, Despite Health Lawsuit

Via Julian Walker at the Virginia Pilot:

Virginia officials are planning for the creation of a state health insurance exchange to comply with the federal health care act, even as Gov. Bob McDonnell supports a state legal challenge that could overturn the law.

A meeting Tuesday of the Joint Commission on Health Care included an update on the process of setting up an exchange. The panel also heard from a think tank scholar who spoke against that approach.

Health insurance exchanges are marketplaces through which individuals without insurance and small businesses without group insurance plans can buy coverage. Those who meet income eligibility guidelines could receive subsidies.

Dr. Bill Hazel Jr., Virginia’s secretary of Health and Human Resources, said it’s prudent to be prepared, given the uncertain outcome of the lawsuits over the Patient Protection and Affordable Care Act, a signature policy initiative of President Barack Obama.

As the CBPP’s Dave Chandra pointed out last week, “virtually every state has made at least some progress toward setting up [the] health insurance marketplaces,” including states like Indiana, Mississippi and Alabama — which are also challenging the the constitutionality of the health law. Last week, the Texas Tribune’s Emily Ramshaw reported that Gov. Rick Perry (R-TX) has also given state health officials the green light to work towards enacting a state-based exchange. Under the reform law, any state that does not build its own program will be required to hand over its operations to the federal government.

In total, 16 states have “passed exchange-related legislation,” 39 states have introduced exchange legislation this year, and “48 states (all except Louisiana and Florida) plus the District of Columbia are engaged in some level of exchange planning.” So far, “only Louisiana has publicly announced that it won’t set up an exchange.”

Will Rick Scott’s Medicaid Privatization Dump Granny?

Lawmakers in Florida are touring the Sunshine State promoting a new law that, if approved by the federal government, would require “most of the state’s 3 million Medicaid enrollees to join private health plans after July 1, 2012.” The proposal “gives managed care companies more control over the program that’s paid for with federal and state money,” a shift the state GOP claims will “hold down spiraling costs in the $20 billion program.”

During yesterday’s town hall meeting in West Palm Beach, Florida lawyers argued that the initiative would encourage private nursing homes to dump granny:

A little-known incentive buried in Florida’s new Medicaid reform law will reward health plans for cutting numbers of seniors in nursing homes, several speakers said during a highly charged hearing on the law Tuesday.

Calling it the “granny dumping bonus,” elder law attorney Ellen Morris warned that the law could result in eviction of seniors from nursing home care after 2012. ….

“Florida is poised to put thousands of long term care patients out into the cold without services,” she predicted. “There is no verifiable system to ensure that vulnerable elders are not evicted inappropriately.” [...]

Morris said the new law does away with longstanding, effective rules on who has recovered enough to be discharged from a nursing home, and replaces them with vague terms insurance companies will ultimately decide.

“Managed care companies will be paid bonuses for evicting seniors from nursing homes,” she predicted.

Florida Gov. Rick Scott (R) has also come under criticism since signing the law after it was revealed that one of the private managed-care companies that stand to gain from the measure is Solantic, “a chain of urgent-care clinics aimed at providing emergency services to walk-in customers. Solantic was founded in 2001 — by none other than Rick Scott.

Before being elected to the governorship, Scott was fired as head of Columbia/HCA just as the for-profit hospital chain pled guilty to a massive array of fraud charges — which resulted in a fraud settlement of $1.7 billion dollars, the largest in U.S history.

NEWS FLASH

Death By TV | Via Merrill Goozner: “According to Anders Grøntved of the University of Southern Denmark and Frank B. Hu of Harvard Medical School, two hours of television viewing per day resulted in a 20 percent increase in type 2 diabetes, a 15 percent increase in heart disease, and a 13 percent increase in all-cause mortality.” “In absolute terms, for every 100,000 people who viewed TV for at least two hours a day, there were an additional 176 cases of type 2 diabetes, 38 cases of fatal cardiovascular disease, and 104 deaths of any type.”

Private Health Care Spending On The Rise In Massachusetts

A new report finds that health care spending in Massachusetts continues to increase, with private payer costs outpacing national health care spending and spending by Medicare and MassHealth — the state’s Medicaid and CHIP program:

Spending per privately insured member grew 6 percent from 2007 to 2008 and another 10 percent from 2008 to 2009. This rate of growth was substantially higher than the increase in national personal health care expenditures per capita from 2008 to 2009. In 2009, national personal health care spending per capita increased 4.6 percent—a deceleration from 4.9 percent growth in 2008.

Spending by private payers grew faster than spending by public payers. The rate of growth for spending on privately insured people from 2007 to 2008 also outpaced the growth in spending for Massachusetts residents in Medicare (4.8 percent) or MassHealth (2.8 percent) during the same time period (Figure A). The rates of growth for both private and public payers in Massachusetts continued to outpace increases in per capita state gross domestic product and wages.

Rising prices played a significant role in increasing private spending for inpatient and
outpatient hospital services, as well as physician and other professional services. Higher
prices explained virtually all of the increase in private inpatient spending from 2007 to 2009.

Kevin Outterson explains that “the report is best understood as additional evidence of provider market power in Massachusetts” — a problem the state has been grappling with for some time. Insurance companies are paying some hospitals “significantly more than others for providing similar care,” even though the higher paid hospitals are not producing better outcomes. Disparities in payments were first documented by Attorney General Martha Coakley’s staff last year, “which concluded after an investigation that the highest paid hospitals had more market clout, some because of their brand names, but that they were not necessarily providing better care.”

Politics

ThinkProgress At Netroots Nation

The ThinkProgress crew is heading to Minneapolis, Minnesota today — the great state that gave us Paul Wellstone and Michele Bachmann, Walter Mondale and Tim Pawlenty, Al Franken and Jesse Ventura. We’ll be there to participate in the Netroots Nation conference. It’s an annual experience for the team, which has attended every one of the six Netroots Nation conferences since our maiden voyage to Vegas in 2006.

Blogging will be a little light for the rest of this week on the ThinkProgress sites (Joe Romm’s Climate Progress, however, will continue its regular posting schedule). If you’re attending the conference, please stop by and introduce yourself to members of the team. Some of us will also be speaking on panels:

Fed Up: Decoding Monetary Policy Matters
Thu, 06/16/2011 – 10:30am, M100 H

Years worth of bailouts, banking deregulation and stagnant wages have put a new level of political focus on the Federal Reserve. But so far progressives have had scant engagement with the Fed’s core mission of setting monetary policy, and the debate has taken place exclusively between the status quo and the right’s goldbug cranks. The left urgently needs to get informed and get engaged–the debate can’t simply range between Ben Bernanke and Paul Ryan. At a time of sky-high unemployment, it’s more important than ever for progressives to dive into the ins and outs of monetary policy.
PANELISTS: Matthew Yglesias, Tim Fernholz, Mike Konczal, Kat Aaron

The Politics of Hate and the Rise of Anti-Muslim Bigotry
Fri, 06/17/2011 – 3:00pm, L100 I

Many Americans were startled by the ferocity and intensity of insults hurled at everyday American Muslims during the public debate last summer over the construction of a Muslim/interfaith community center in lower Manhattan. But the controversy–and a spike in hateful and harassing behavior toward Muslims for months afterward–was also the prime-time political debut for several hate groups with an explicitly anti-Muslim agenda. This panel will bring together reporters, bloggers, experts on hate crime groups and community advocates to discuss the politics and political appeal of these organizations and their objectives. How did the internet shift the dialogue on Islamaphobia this past election cycle and what can we expect in 2012? And how can the Muslim community and the broader progressive movement work together online against this behavior?
PANELISTS: Safir Ahmed, Tanzila Ahmed, Farhana Khera, Faiz Shakir, Adam Serwer

The U.S. Chamber of Commerce: How Corporate Front Groups are Corrupting our Democracy
Sat, 06/18/2011 – 3:00pm, L100 FG

Over the past two years, the U.S. Chamber of Commerce has spent more than $100 million lobbying against climate legislation from Congress and the EPA. During the 2010 election cycle, it spent more than $75 million in ads helping elect mostly climate-denier Republicans. The Chamber has emerged as the top political spender outside of the political parties, yet Americans know little about it, least of all the 3 million local businesses it purports to “represent.” This panel will explore the implications of the Chamber’s rise to political power and which people and companies control its multitude of mechanisms. You’ll hear from experts on corporate money in politics, progressive business leaders and grassroots strategists as we identify areas of leverage and weakness that the climate movement and progressive community can rally around to fight back against this political juggernaut.
PANELISTS: Jamie Henn, Brad Johnson, Per Olstad, Phil Radford, Richard Eidlin

The Progress Report will be on hiatus, returning June 20 with a recap of Netroots.

The Morning CheckUp: June 15, 2011

Welcome to The Morning CheckUp, ThinkProgress Health’s 7:00 AM round-up of the latest in health policy and politics. Here is what we’re reading, what are you?

Alabama governor to sign 20-week abortion ban: Gov. Robert Bentley will sign a bill restricting abortions beginning on the first day of the 20th week of pregnancy. The measure makes no exceptions for cases of rape and incest and would make it a felony to perform an abortion after 20 weeks unless the woman is at risk of death or serious physical harm as a result of the pregnancy. [Channel 6 News]

Governors pressure Obama on Medicaid: If Obama allows states to tighten eligibility requirements, “it would outrage many of his core supporters while undermining the central goal of his signature health-care law: expanding health insurance coverage. But if the president turns his back on governors struggling to gain control of their finances by trimming their most costly program, he risks intense criticism just as his administration is locked in a battle with Republicans over the nation’s soaring debt.” [Washington Post]

Republicans are against menu labeling: “While this provision was designed to spare small business restaurant operators from the substantial costs associated with redesigning their menu boards, franchise owners will continue to face a significant economic burden by the proposed regulations,” they say. [The Hill]

CBO scores SGR fix: MedPAC’s proposed “Medicare physician payment reform recommendation would cost $273.7 billion over a decade.” [Inside Health Policy]

Health costs are up in Massachusetts: Private payer health spending in Massachusetts outpaced national health care spending and spending by Medicare and MassHealth. [Incidental Economist]

Managed care has higher administrative costs: “Medicaid managed-care plans owned by publicly traded insurers have higher administrative costs than similar plans owned by providers,” according to a Commonwealth Report. [Modern Health]

Cutting MRI costs: “Even before its official release, a new proposal to curb the overuse of costly MRIs and other advanced imaging in Medicare is sparking a furor among physician and patient groups.” “Imaging is one of the fastest-growing Medicare costs, rising from $6.5 billion to $11.7 billion between 2000 and 2009, according to federal figure.” [Kaiser Health News]

Restrictive Arizona abortion law back in court: A three-judge panel of the Arizona Court of Appeals heard arguments Tuesday about whether to overturn a lower-court ruling halting key parts of a 2009 abortion law from going into effect. [Arizona Republic]

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