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NEWS FLASH

Federal Judge Blocks Kansas Abortion Licensing Regulations | Via The Associated Press: A federal judge has temporarily blocked Kansas from enforcing new licensing regulations against its three abortion providers pending the resolution of a lawsuit filed “by two doctors who perform abortions” in the state. Kansas had denied operating licenses to two abortion providers, but certified the third Planned Parenthood clinic.

NEWS FLASH

Massachusetts House Delegation To Obama: Don’t Cut Medicare And Medicaid | The entire Massachusetts House delegation has written a letter to President Obama asking him to preserve Medicare and Medicaid and protect “these vital programs from devastating funding cuts” as he negotiations a deal to raise the federal debt ceiling. Obama strongly hinted that he will agree to some cuts, however. Speaking at a press conference on Wednesday, he said, “We need to see where we can reduce the cost of health care spending and Medicare and Medicaid in the out-years, not by shifting costs on to seniors, as some have proposed, but rather by actually reducing those costs.”

NEWS FLASH

Nikki Haley Considers Turning Over South Carolina’s Exchange To Insurance Companies | Stephen Largen reports that South Carolina Governor Nikki Haley (R) has decided not to “pursue any more grant money from the federal health care overhaul to fund a possible state-run health insurance exchange.” Instead, Tony Keck, her director of the Department of Health and Human Services, is floating the idea of having health insurers fund the new market places: “If a health insurance exchange is going to save everybody so much money, then somebody should be willing to pay for it,” Keck said. “Either the employer should be willing to pay for it because it lowers their cost of benefits, or an individual should be able to pay for it because it lowers their cost of insurance. Or an insurance company should be willing to pay for it because it gets their product out to more people.” What could go wrong?

Justice

Pregnant Women Who Lose Babies Face Criminal Charges In Mississippi, Alabama

This year, the Georgia legislature considered a bill that would require women to prove their miscarriages “occurred naturally” and weren’t secret abortions. In a similar vein, the Guardian reports that states including Mississippi and Alabama are charging dozens of women with murder or other serious crimes who have miscarried or had stillbirths:

Across the US more and more prosecutions are being brought that seek to turn pregnant women into criminals.[...]

In Alabama at least 40 cases have been brought under the state’s “chemical endangerment” law. Introduced in 2006, the statute was designed to protect children whose parents were cooking methamphetamine in the home and thus putting their children at risk from inhaling the fumes. Amanda Kimbrough is one of the women who have been ensnared as a result of the law being applied in a wholly different way.[...]

The baby was delivered by caesarean section prematurely in April 2008 and died 19 minutes after birth. Six months later Kimbrough was arrested at home and charged with “chemical endangerment” of her unborn child on the grounds that she had taken drugs during the pregnancy – a claim she has denied.

“That shocked me, it really did,” Kimbrough said. “I had lost a child, that was enough.”

Kimbrough is now facing a 10-year sentence if her case is not reversed on appeal — a 10 year sentence that will deprive her three other children of their mother.

A common tactic by prosecutors is singling out a group of women who are unlikely to draw public sympathy — women who may have used drugs while pregnant — to blur the line between abortion and homicide. Rennie Gibbs, for example, was 15 when she became pregnant and lost her baby in a stillbirth. Prosecutors charged her with a “depraved heart murder” after they discovered she had used cocaine, although there was “no evidence that drug abuse had anything to do with the baby’s death.” She now faces life in prison in Mississippi.

Targeting women who use drugs while they are pregnant is exactly the wrong policy for protecting the health of their future children. When a woman who is addicted to drug becomes pregnant, she needs immediate treatment to ensure that her addiction does not lead to serious birth defects for her child. But the threat of criminal prosecution — especially for a crime as serious as murder — will only drive her into the shadows. For this reason, dozens of public health organizations including the American Public Health Association have all denounced these prosecutions as harmful to both woman and child.

Other prosecutors are twisting laws designed to protect pregnant women and their unborn children into attacks on childbearers themselves. At least 38 states have introduced fetal homicide laws that were intended to be used against violent attacks by third parties like abusive male partners. But in South Carolina, only one case has been brought against a man for assaulting a pregnant woman, while up to 300 women have been arrested under the law, according to the National Advocates for Pregnant Women.

These prosecutions are part of a much broader assault on women’s reproductive rights. Indeed, it’s been a banner year for the right’s war on women, with state legislatures passing a slew of restrictive legislation across the country that not only impede women’s constitutional right to abortions but also jeopardize their access to basic health care. Four states have defunded Planned Parenthood so far, a new Ohio law bans abortions as early as six weeks without exceptions for rape or incest, and Texas is one of several states that now forces women seeking abortions to undergo waiting periods and mandatory sonograms. Some groups and lawmakers are even pushing to outlaw contraceptives like birth control pills.

If You Don’t Count Us, We Don’t Count

Our guest bloggers are Kellan Baker, LGBT health care analyst at the Center for American Progress.

A decade ago, the Department of Health and Human Services released a comprehensive plan to guide its role in addressing the health care needs of lesbian, gay, bisexual, and transgender Americans. Of the plan’s five major goals, stocking the storehouse of knowledge about health disparities related to sexual orientation and gender identity was a central priority.

A steering committee with members from almost every agency within the Department developed the plan. It came on the heels of a groundbreaking 1999 report from the Institute of Medicine on lesbian health that exposed huge gaps in knowledge not only about the health of lesbians but also about women and sexual minorities in general. At the time the steering committee was developing its recommendations, Healthy People 2010 (the nation’s blueprint for a healthier America for the decade between 2000 and 2010) had just come out with its first-ever objectives related to the health of lesbian, gay, and bisexual people, and LGBT health advocates were compiling the Healthy People 2010 LGBT Companion Document.

The Department began developing the plan in the waning months of the Clinton presidency, but it was not released until April 2001. By then George W. Bush’s Administration had assumed power, and LGBT health was not only taken off the priority list, it was shoved firmly back in the closet. The next eight years delivered little more than rollbacks of reproductive health programs and the rise of abstinence-only funding linked to programs imposing views of sexuality and gender that entirely erase the lives of LGBT youth. Those years did see dramatic increases in funding for HIV and AIDS as part of the President’s Emergency Plan for HIV/AIDS Relief (PEPFAR), but almost nothing went to help track or stop the epidemic among gay and bisexual men and other men who have sex with men, as well as among transgender women.
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NEWS FLASH

Questioning Medicare’s Coverage Decisions | With Medicare’s recent decisions to cover the $93,000 Provenge for certain forms of advanced prostate cancer and Avastin for breast-cancer patients (even if the FDA follows the advice of its outside advisory committee and revokes that drug’s approval), Merill Goozner wonders, “How much should you, your insurer or the government pay for an extra month of life? How much is an extra month of hope worth, even if doesn’t extend life?”

GAO Report: Most Doctors Are Accepting Children On Medicaid

The Government Accountability Office’s (GAO) report on children’s access to physicians is far less dire than press accounts suggest. While children on Medicaid do have more difficulty finding specialists, most physicians are enrolled in Medicaid and CHIP and are “serving children covered by these programs”:

GAO estimates that more than three-quarters of primary and specialty care physicians are enrolled as Medicaid and CHIP providers and serving children in those programs. A larger share of primary care physicians (83 percent) are participating in the programs—enrolled as a provider and serving Medicaid and CHIP children—than specialty physicians (71 percent)…. Nationwide, physicians participating in Medicaid and CHIP are generally more willing to accept privately insured children as new patients than Medicaid and CHIP children.

Ninety-one percent of physicians accepted at least some new patients , but 66 percent of primary-care physicians had trouble finding specialty physicians:

The issue has become a political football, with conservatives using the access problems to push for legislation that would transform Medicaid into a block grant program — and in many ways making it even harder for children to find adequate medical care.

NEWS FLASH

Seven Medical Malpractice Reform Myths | Maggie Mahar goes through them all: 1) Limit Awards, and We Can Eliminate Thousands of Frivolous Suits, 2) Caps Are Needed to Rein In “Runaway Juries,” 3) Caps Bring Down the Cost of Malpractice Insurance, 4) Fear of Malpractice Suits Drives Overtreatment, 5) Caps on Awards Would Make Health Care More Affordable, 6) “Every Patient is a Potential Plaintiff,” and 7) Americans Patients Are Extraordinarily Litigious.

The Consequences Of Repealing Medicaid’s Maintenance Of Effort Provision

Out of the many troubling health care repeal amendments in the Korean trade agreement, Sen. Orrin Hatch’s (R-UT) proposal to repeal the maintenance of effort provision for the Medicaid program — which requires states to maintain their enrollment numbers or risk losing federal funding — is possibly the most egregious. It encompasses the Republican approach of “saving” the program by forcing more people off of it — no matter the consequences to the beneficiaries.

As Sen. Jay Rockefeller (D-WV) pointed out in a recent letter to Hatch, according to the Congressional Budget Office, the provision would result in substantial coverage erosion for children in the CHIP program:

– By 2013, 400,000 people will lose their Medicaid and CHIP coverage. Two thirds of those dropped from coverage will be children.

Half of all states will end their CHIP programs by 2016. One quarter of states are expected to end their program even earlier, in 2015, while remaining CHIP programs are expected to scale back coverage.

– By 2016, the number of those expected to lose CHIP coverage will climb to 1.7 million people, with 700,000 left uninsured.

Interestingly, as a long-time proponent of extending health care coverage to children and a co-sponsor of the original CHIP bill in 1997, the Hatch of yesteryear would have opposed these cuts. Here he is in 2006, praising the program on its 10-year anniversary: “When we drafted this legislation in 1997, our goal was to cover the several million children who had no insurance coverage. We have gone a long way in meeting that goal, but we are clearly not there yet. Coverage of these uninsured children should still be our top priority.”

NEWS FLASH

California Medicaid Patients Brace For A ‘One-Two Punch’ Of Cuts | The San Francisco Chronicle’s Victoria Colliver reports that California Medicaid beneficiaries are in for a “one-two punch” when it comes to program cuts — the state just passed a budget that increases copays and limits doctors visits and it’s also bracing for a reduction in federal matching funds. Yesterday, the enhanced federal match for Medicaid funding that was included in the 2009 stimulus package (and extended in late 2010) expired, and the officials predict that Medicaid patients “will pay more and receive fewer benefits” just as the state braces for $1.4 billion dollars in state cuts that are scheduled to go into effect soon.

NEWS FLASH

1.5 Million Californians To See Insurance Rate Hikes | Via The Sacramento Bee: “Depending on the plan and the carrier, hikes will average from 3 percent to more than 17 percent, but some individuals within the plans could see much higher jumps. An unknown number of Aetna’s small-group customers will take a wallop, with rates soaring 92.5 percent, according to California Department of Insurance data.” The increase could provide an extra push for Assembly Bill 52, which would “impose rate regulation on health insurers.”

Poll: Americans Think IPAB Would Do A Better Job Controlling Health Costs Than Congress

Greg Sargent notices that despite the GOP’s best efforts to malign the Independent Payment Advisory Board (IPAB) as a health care-rationing, grandma-killing, Big Government takeover, a new Kaiser Family Foundation poll finds that Americans have more trust in “an Independent panel of full-time experts appointed by the president and confirmed by the Senate” proposing ways to reduce Medicare spending than Congress or a federal agency:

The problem, as the public knows, is that politicians spend too much time soliciting contributions from medical providers to ever pursue an even handed approach to reducing their reimbursement rates. And one need to look no further than the GOP’s latest round of health care additions to the Korean trade agreement to see why elected officials are just no good at controlling health care costs.

Sen. Mike Crapo (R-ID), who has received $131,900 from hospitals/nursing homes and $152,050 from Health care professionals in 2010 (both represent his top 10 contributors), has proposed amendments to make “adequate” payment updates to ambulatory surgery centers and prevent CMS from cutting physician payments when developing rates for Medicare Advantage. Similarly, Sen. Pat Roberts (R-KS) took in $140,100 from the industry before offering an amendment to exempt Critical Access Hospitals from consideration by IPAB for payment reduction through 2018.

This isn’t to say that there was some specific quid pro quo attached to the dollars, but I imagine that it’s a lot easier to make cuts on the benefits side of the program when you spend a lot of time with providers and they in turn contribute to your campaigns.

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Morning CheckUp: July 1, 2011

Welcome to 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?

Kansas will have one abortion provider: “Ending speculation that new regulations could make it the only state without an abortion provider, Kansas announced Thursday that it had issued a license that would allow one of three abortion clinics to continue operating.” Kansas will join two other states, South Dakota and Mississippi, that have just one abortion provider. [NYT]

Court blocks 72-hour waiting period in SD: “A federal court this evening blocked implementation of South Dakota H.B. 1217, the law passed earlier this year that would require a woman seeking an abortion to wait at least 72 hours after first meeting her doctor before having the procedure, the longest and most extreme mandatory delay in the country.” [RH Reality Check]

Americans support minor Medicare cuts: “Forty-five percent of Americans are fine with minor cuts in Medicare spending to help trim the federal deficit, for instance. Only 18 percent favor major cuts for deficit reduction, though.” [NPR]

Health reform could exclude many children: “Up to 220,000 California children could be excluded from health care reform because of immigration issues, according to a study released Thursday by the UCLA Center for Health Policy Research.” The ACA restricts its coverage to legal immigrants and citizens. [The Sun]

Republicans ask about Kagan’s role in shaping ACA defense: 49 House Republicans are “asking the House Judiciary Committee to investigate Supreme Court Justice Elena Kagan’s role in crafting a legal defense of President Obama’s health care law, warning such work could bar her from participating in deciding legal challenges to the law when they reaches the court.” [Minn Post]

AHIP spent $2.3 million on lobbying: The trade association America’s Health Insurance Plans spent $2.3 million in the first quarter lobbying the federal government on several issues tied to the implementation of health reform and a host of other topics — 14 percent less than the $2.7 million it spent a year ago. [Forbes]

Hospitals spent twice as much: “The American Hospital Association spent nearly $4.1 million in the first three months of the year lobbying the federal government on the health care overhaul and several bills tied to it.” [Forbes]

HHS unveils paperwork saving rule: “First-ever paperwork-standardization requirements for health insurers aim to save the healthcare industry $12 billion over the coming decade by allowing greater automation.” [Modern Healthcare]

Medicaid cuts in the debt ceiling negotiations: Rather than extending drug rebates to dual eligibles, the “$100 billion that negotiators are planning to cut from Medicaid will likely come from capping payments for durable medical equipment, phasing out provider taxes, rebasing disproportionate share payments and establishing a ‘blended rate’ for federal Medicaid matching payments. [Inside Health Policy]

Colorado’s exchange board is full of insurers: “Colorado’s top elected officials have appointed four health insurance industry executives to its nine-member health insurance exchange board, raising concerns among consumer groups.” [Modern Healthcare]

West Virginians ask Manchin to reconsider support for block grants: “Not only would it be devastating to our families, it would also be devastating to our economy and totally detrimental to any hope of job creation in West Virginia,” one state senator wrote. [Charleston Gazette]

Fewer Wisconsin businesses are offering health insurance: The percentage of Wisconsin’s population under 65 that gets health insurance through an employer fell to 71.5% in 2008-’09, down from 78.9% a decade earlier. “Nationally, the percentage fell to 61.4%, down from 69.4%, in the same time period.” [Journal Sentinel]

States prevent local governments from fighting obesity: “Several state legislatures are passing laws that prohibit municipalities and other local governments from adopting regulations aimed at curbing rising obesity and improving public health, such as requiring restaurants to provide nutritional information on menus or to eliminate trans fats from the foods they serve.” [NYT]

Can text messaging help you quit smoking: A study of wannabe quitters published by the Lancet suggests that encouraging text messages about not smoking “act like a little electronic Jiminy Cricket, doubling the quit rate compared to people who received texts unrelated to quitting.” [WSJ]

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