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Another Health Repeal Measure Finds Bipartisan Support | “Lawmakers in the House and Senate introduced bipartisan legislation Thursday to remove restrictions on tax-exempt health spending accounts, the latest provision of the healthcare reform law to come under attack by Democrats,” the Hill’s Julian Pecquet reports. The provisions, which was initially offered by Sen. Olympia Snowe (R-ME), was added “as a way to keep the bill’s costs down because it was estimated to save $5 billion over 10 years by cutting down on unnecessary drug purchases.”

LGBT

Disability and HIV: The ADA Meets the National HIV/AIDS Strategy

July 13 was the first anniversary of the release of the landmark National HIV/AIDS Strategy, the first comprehensive government plan to outline the future of the fight against HIV/AIDS. To mark the occasion alongside the upcoming 21st anniversary of the passage of the Americans with Disabilities Act (ADA) later this month, the Justice Department has launched a new section of its ADA website.

The intersection of HIV/AIDS with disability issues is two-fold:

– People living with HIV or AIDS are covered by the ADA, which gives federal civil rights protections to persons with disabilities in public accommodations, employment, and state and local government services. The ADA recognizes that HIV and AIDS affect many aspects of people’s lives, regardless of whether they are currently on HIV medication or living with AIDS. In fact, the 1998 court decision holding that the ADA applies also to people living with HIV who are asymptomatic was in response to a case of discrimination by a doctor motivated by stigma around a patient’s HIV-positive status.

– There are over 1.1 million people living with HIV in the U.S. today, and more than 56,000 new infections are reported each year. Anyone can get HIV, including people of any race or ethnicity; young and old; rich and poor; straight, lesbian, gay or bisexual; transgender or not – and people with physical, intellectual, sensory, or mental health disabilities. Currently, very little is known about HIV and AIDS among people with disabilities. But the many physical and financial barriers that often prevent people with disabilities from accessing general health care, let alone sexual and reproductive health services, including HIV prevention and treatment services, means that the HIV epidemic may be taking a disproportionate but largely invisible toll among people with disabilities.

The vision for the National HIV/AIDS Strategy is that “the United States will become a place where new HIV infections are rare and when they do occur, every person, regardless of age, gender, race/ethnicity, sexual orientation, gender identity or socio-economic circumstance, will have unfettered access to high quality, life-extending care, free from stigma and discrimination.” As we approach the anniversary of the ADA, we should remember that people with HIV are more than just a protected group under the law – they are also members of every community and people from every kind of background, including people with disabilities.

NEWS FLASH

Medicare Shortfall Over Next 75 Years Is Only One-Fourth Cost Of Wars In Afghanistan And Iraq | Center for Economic and Policy Research co-director Dean Baker added some perspective to the debates over Medicare costs today. Writing on his Beat The Press blog, he noted that the projected shortfall for the Medicare program “over the program’s 75-year planning horizon is less than 0.4 percent of GDP. This is less than one quarter of the cost of the wars in Iraq and Afghanistan.”

New Hampshire’s Democratic Governor Allows Two Anti-Health Reform Bills To Become Law

Via the AP: Democratic New Hampshire Gov. John Lynch “has allowed two Republican bills that set limits on implementing the federal health care law to become law without his signature”:

One bill says no New Hampshire resident can be required to obtain or be fined for failing to be covered by health insurance. An exception is made for people required by a court or the state who are named in a judicial or administrative proceeding.

The second bill establishes an oversight committee whose approval the insurance commissioner must obtain before implementing the federal law. The bill directs the commissioner to return a $666,000 federal grant to plan a health exchange to promote competition among insurers and request that the money be used to reduce the federal deficit.

The first bill is almost meaningless, since federal requirements — to purchase health insurance coverage beginning in 2014, in this case — trump state laws. Returning federal grant dollars earmarked for establish health care exchanges, however, would likely impede the state’s ability to meet the requirements of the Affordable Care Act and turn over the new marketplaces to the federal government.

Currently, 10 percent of New Hampshire residents are uninsured.

LGBT

California Joins Utah In Lowering Smoking Rates Below 12 Percent

California health officials say “smoking rates in the state are down to 11.9 percent, a new low.” The latest figures make it only the second state — after Utah — “to achieve a federal target of reducing adult smoking rates to 12 percent by 2020 so far”:

“California has always been in the forefront”, says Colleen Stevens, who heads the Tobacco Control Branch of the California Department of Public Health. Back in 1988 California taxpayers agreed to put a 25 cent tax on every pack of cigarettes. “No one had ever done this before,” says Stevens. The money was earmarked to pay for medical care for tobacco related illness. But it also funds tobacco research and tobacco control programs both in schools and local communities.

Today the California state tax on a pack of cigarettes is 87 cents. That’s quite a bit lower than the $2 in taxes charged by many other states. But California has reaped the benefits of other interventions over time, says Stevens. In addition to the tax, California became the first state in the nation to ban smoking at indoor work sites and restaurants in 1995 and then in bars in 1998, which was “absolutely unheard of at the time,” says Stevens.

Many people thought mandating smoke-free environments in bars just “went too far,” Stevens says. But today, she points to “a whole generation of 30- somethings who have never been to a smoky bar.” It’s expected now, she says, “that you can go to a bar and have a glass of wine and not come out smelling like smoke!” It all adds up to a social norm where tobacco is simply not acceptable.

Nationally, one in five Americans still smoke, and those rates tend to be higher among minority communities. One 2004 California study, for instance, found that “lesbian women were 70 percent more likely to smoke than other women, and gay men were more than 50 percent more likely to smoke than other men. More recent research suggests this number may be even higher. The LGBT National Tobacco Control Network estimates that the LGBT community is 50 percent to 200 percent more likely than others to be addicted to tobacco.”

The FDA has recently unveiled new graphic warning labels slated to appear on cigarette packs next fall, but experts say “the impact on tobacco sales will likely be marginal, at least early on. The new warnings are expected to cause a drop of less than 1 percent in U.S. tobacco sales by 2013, according to research firm IBISWorld.”

NEWS FLASH

Children With Disabilities Have Most To Lose From Medicaid Cuts | As debt ceiling negotiators are considering severe cuts to the Medicaid program, a new report from Georgetown’s Health Policy Institute “concludes that almost eight in 10 children with autism, cancer and other special healthcare needs who are enrolled in Medicaid or the Children’s Health Insurance Program – about 2.9 million children – rely on those programs as their primary source of coverage. For many others, the government programs fill the gaps for services not covered by private insurance or help with cost-sharing.”

Americans Don’t Want Medicare Cuts In Debt Ceiling Deal

As lawmakers consider including Medicare cuts in a deal to raise the nation’s debt ceiling, a new public poll round-up from the New England Journal of Medicine shows that most Americans “think it is possible for the federal government to balance the budget without cutting Medicare spending.”

In fact, “when people are given a list of options for reducing the deficit and asked whether they favor or oppose each item, cutting Medicare spending is one of the least favored,” with majorities supporting “raising taxes on people with annual incomes above $250,000.”:

Red States Continue To Implement Health Reform To Avoid Federal Intervention

We’ve long known that many Republican governors are working to enact the health care exchanges in the Affordable Care Act out of a desire to keep the federal government out, but now Politico’s Sarah Kliff reports that some red states are also looking to enact rate review legislation to forestall the Department of Health and Human Services from conducting its own audit:

But in the 10 states that do not meet the federal review requirements – which include weighing a dozen factors related to rate increases, posting insurance filings and allowing for public comment – HHS must now prepare to handle the process.

Pennsylvania and Alabama, two states that do not have “sufficient” review authorities under the federal regulation, are both looking at enacting legislation to address the issue and keep the federal government out, POLITICO has learned. Both states are helmed by Republican governors.

The move to comply with an Affordable Care Act requirement to head off federal intrusion could be a harbinger of things to come. Particularly in states that oppose the law, it could signal a begrudging willingness to set up a health exchange as a means of retaining more state control over the marketplace.

So for the Obama administration, it’s certainly an encouraging sign: Officials have repeatedly emphasized their desire that states handle as much of the implementation process as possible – as well as their interest in bringing increasing scrutiny to insurance rate increases.

I’ve long been of two minds on this — on one hand, it certainly makes sense for states to be writing rules that govern their unique marketplaces. But forcing reticent governors or legislators to write rate review or even exchange regulations just to get the federal government off their backs probably won’t make for very consumer-friendly reforms (see South Carolina), and in those cases, it may make for better policy if the federal government stepped in and ran things.

Health Insurers Stand To Gain $200 Billion From Affordable Care Act’s Exchanges

A new report from PricewaterhouseCoopers finds that far from “ending” the private health sector — as some GOP opponents of the Affordable Care Act predicted — Obama’s health care reform law will actually serve as a boon to private insurers, confirming fears that excluding the public option from the final bill could undermine affordability.

According to the new report, the law’s state-based health care exchanges provide private insurers with a lucrative new market in which they stand to gain up to $200 billion in revenue by 2019:

In 2014, an estimated 12 million consumers will choose health insurers in a new, tightly regulated marketplace where choice will be king.

That marketplace will encompass different state health insurance exchanges (HIXs) where health insurers compete for nearly $60 billion in premiums. And that’s just the start. By 2019, an estimated 28 million Americans will buy health insurance through this new online channel.

PwC estimates that by then, the HIXs will have grown to nearly $200 billion in premium revenue. Insurers will compete head to head for individuals who will be required to buy their product but be able to comparison shop like never before. [...]

More than half of insurance executives surveyed by PwC expect to see an increase in their individual business, and nearly half expect growth in their small group business.

Look:

To maximize profits, the insurers surveyed in the study are also “hoping that states opt for a variation of the open market model, such as the one used in Utah, where any insurer can sell policies on the exchange as long as it meets certain minimum benefit requirements.” Additionally, the study reported, “Only 10 percent of insurance executives surveyed prefer the active purchaser model where the state evaluates and selects insurers in a competitive bidding process.”

Read the full report here.

Administration Condemns GOP For Inserting Needle Exchange, Abortion Restrictions Into DC Funding Bill

The Obama administration issued a policy statement last night opposing several sections of a DC appropriations bill that would deny funding for needle exchanges, prohibit the District from spending local funds on abortions, and prevent the IRS from using any funds appropriated by the bill to begin implementing the system of premium credits and other provisions that are part of the Affordable Care Act:

District of Columbia Needle Exchange Restriction. Section 807 of the bill restricts the use of Federal funds for the District’s needle exchange programs. This is contrary to current practice and the Administration’s policy to allow funds to be used in locations where local authorities deem needle exchange programs to be effective and appropriate.

District of Columbia Abortion Restriction. Section 810 of the bill prevents the District of Columbia from using its own funds for abortions, which undermines the principle of states’ rights and of D.C. home rule. Longstanding Federal policy already prohibits Federal funds from being used for abortions, except in cases of rape or incest, or when the life of the woman would be endangered.

Department of the Treasury. The Administration opposes sections 107 and 108 of the bill, which would place significant restrictions on the Department’s ability to adequately implement the Affordable Care Act, and would delay the planning and construction of a system to administer the critical premium assistance tax credit and the ability to reconcile it with IRS’s core systems. These sections would prevent both appropriated and transferred funds from the Department of Health and Human Services from being used by the Department to administer the law.

Republicans had included the needle exchange proposal in their 2011 budget, even though the program actually reduces federal spending and helps lower health care costs. As an example, the cost to prevent a single HIV infection by needle exchange “has been calculated at $4,000 to $12,000, considerably less than the estimated $190,000 (listed in 1997 dollars) medical costs of treating a person infected with HIV.” The public health benefits are also substantial. A 2003 study of 99 cities found that HIV prevalence in addicts fell by 18.6 percent in cities which started needle exchanges, while those that failed to do so saw an 8.1 percent increase. Between 1990 and 2001 in New York, the HIV prevalence rate amongst IV drug users entering addiction treatment similarly fell from 54 percent to 13 percent and Hepatitis C prevalence fell from 90 percent to 63 percent.

Meanwhile, denying the District the right to appropriate its funds as it sees fit — in this case to pay for abortions — would disproportionately impact poor women and expose the hollowness of the GOP’s rhetoric about local control and state rights, not to mention their hypocrisy about preventing the federal government from interfering in the doctor-patient relationship.

In its statement of policy, the administration did not threaten to veto the bill over the DC issues, however.

Morning CheckUp: July 14, 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?

Gingrey says IPAB = death: “Rep. Phil Gingrey (R-GA), a physician by training who provides some of the most colorful quotes on health issues, brought a poster of Don Corleone from ‘The Godfather’ to the Energy and Commerce Health Subcommittee on Wednesday to compare him to CMS Administrator Don Berwick.” He also said the IPAB “scares the s— out of us.” [Jen Haberkorn]

The case for extending the IPAB: “What’s needed, therefore, is not to abandon IPAB—and certainly not to morph Medicare into less effective private insurance. Rather, we should extend the expertise and authority that IPAB focuses on Medicare to apply to all payers. This would allow a system-wide spending target that triggers all-payer payment reform — assuring Medicare beneficiaries and all Americans the high quality, efficient care we deserve.” [Judy Feder]

HHS Medicare actuary endorses Ryan’s Medicare plan….sort of: “Premium support … could accommodate these kinds of more efficient delivery systems and payment mechanisms,” Rick Foster told reporters after he testified before the House Budget Committee yesterday. “That all depends on [its] design.” [The Hill]

Federal judge overturns NYC’s abortion notices: “A federal judge blocked a law that would have forced Christian-run pregnancy centers to post signs saying they have no doctors on-site and don’t give advice about abortions or birth control on the day before the law would have gone into effect.” [Courthouse News]

Dental care shortages: “33.3 million people live in areas with shortages of dental health professionals. In 2008, 4.6 million children did not obtain needed dental care because their families could not afford it. And in 2006, only 38 percent of retirees had dental coverage, which is not covered by Medicare.” [SAC Bee]

Fixing the Medicaid eligibility error: “A freshman member of the House Budget Committee is working on legislation that would prevent millions of Americans from becoming eligible for Medicaid and federal insurance subsidies.” The bill would “change how the healthcare-reform law calculates who is eligible for government help.” [Julian Pecquet]

Medicaid doctor shortages: A new report finds that “eight states —Arkansas, Georgia, Kentucky, Louisiana, Nevada, North Carolina, Oklahoma and Texas — will confront the most daunting task in handling an influx of new Medicaid patients once the federal health care law takes final effect in 2014″ because they “have doctor shortages that will make it difficult for patients to find a physician once they become eligible for government insurance.” [Stateline]

Drug reimportation as a way to limit drug shortages: “Sen. Amy Klobuchar (D-MN), who is pushing legislation to curb drug shortages, argues that a potential way to help address the issue is rescinding the ban on pharmaceutical reimportation, though some key stakeholders lobbying on methods to reduce the occurrence of medicine gaps contend importation would likely have a limited longstanding ability to resolve the shortage problem.” [Inside Health Policy]

No cell phone-cancer link: “People who have used a cell phone for more than a decade do not appear to be at increased risk of a type of non-cancerous brain tumor, a large study suggests.” [Reuters]

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