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NEWS FLASH

Bachmann Brings Back Death Panels | The Iowa Straw Poll winner told a town hall meeting in South Carolina this afternoon about some law that ends Medicare and puts seniors at the mercy of a 15-panel board charged with making coverage decisions. At first, it sounded like a pretty honest description of Paul Ryan’s Medicare privatization scheme, but ultimately morphed into some fun house mirror version of the Affordable Care Act. Watch it:

Justice

The Eleventh Circuit’s Anti-Health Care Decision Isn’t Just Wrong, It Is Dangerous

It is, sadly, all too common for courts to hand down decisions that are poorly reasoned and wrongly decided. Few decisions, however, present such an immense and undeniable threat to the American people’s welfare as the Eleventh Circuit’s decision striking down part of the Affordable Care Act. If this decision is upheld in its entirety, millions of Americans will lose their health insurance and millions more will lose their ability to purchase insurance altogether.

The reason why is because the court chopped off one leg of the ACA’s “three-legged stool” — the provision requiring most Americans to either carry health insurance or pay slightly more taxes — while leaving in place a provision that cannot exist without such an insurance coverage requirement.

The ACA contains eight titles, nine of which have nothing whatsoever to do with its coverage requirement. This is why Judge Roger Vinson’s lower court decision striking down the entirely law wasn’t just wrong, but embarrassingly so. At the same time, however, there is one provision of the ACA that must not take effect without an insurance coverage requirement in place:

The act eliminates one of the insurance industry’s most abusive practices—denying coverage to patients with pre-existing conditions. This ban cannot function if patients are free to enter and exit the insurance market at will. If patients can wait until they get sick to buy insurance, they will drain all the money out of an insurance plan that they have not previously paid into, leaving nothing left for the rest of the plan’s consumers.

This concern is not simply theoretical. Seven states enacted preexisting conditions laws without also enacting a minimum coverage provision, and all seven stakes experienced sharp spikes in insurance premiums — or worse. Kentucky, Maine, New Hampshire, and Washington each lost most or all of their individual market insurers after those states enacted a preexisting conditions provision without enacting a minimum coverage provision, and the cost of some New Jersey health plans more than tripled after that state enacted a similar law. For a while, there were entire counties in Washington state where it was literally impossible to buy an individual insurance plan, until Washington finally amended its law to eliminate most of the protections for people with preexisting conditions.

Meanwhile, the one state to enact a preexisting conditions provision and an insurance coverage requirement saw drastically different results. In the few years after Gov. Mitt Romney signed Massachusetts’ health reform law, the number of insured fell 60 percent and the cost of individual insurance premiums fell 40 percent.

As ThinkProgress explained on Friday, the fact that the preexisting conditions provision of the ACA depends on the insurance coverage provision is enough to render the insurance coverage provision constitutional. The Eleventh Circuit should have upheld the law in its entirety. By carving out just the coverage requirement and leaving the preexisting conditions rule intact, however, the two judges in the majority revealed that they don’t understand health economics any more than they understand the Constitution.

Even The Bush Administration Thought Rick Perry’s Medicaid Proposals Were Too Restrictive

Texas already has the narrowest Medicaid eligibility standards and spends the second least of any state on health care for the poor per capita. But that hasn’t stopped Gov. Rick Perry from advocating that Texas to opt out of Medicaid altogether and receive less generous block grants that would allow it to institute even harsher limits to the program.

The three-term governor recently signed legislation that would effectively petition the government to block grant the Medicaid program , which the Obama administration will likely reject. But back in 2008, he tried his luck with President Bush. Perry’s request asked for two big things: authority to implement enrollment caps in Medicaid and additional federal dollars to establish a “Texas pool to help low-income people buy private insurance.”

The Bush administration denied the waiver, arguing that Perry’s Medicaid reforms were too restrictive. From the federal government’s August 7, 2008 letter to the Texas Health and Human Service Commission:

The proposal to include a benefit limit of $25,000 on the parents/caretaker relatives, is one that cannot exist under Medicaid for this group. In addition, there is no precedent under CMS-approved demonstrations to approve an annual benefit limit as low as $25,000 even for an expansion population.

The proposal did include several progressive elements. Texas sought to use additional federal dollars to provide premium assistance to children enrolled in the children’s health insurance program and infrastructure grants for community-based programs. Most interestingly, the state also requested authority to cover immigrant “children with family income below 200 percent” of the federal poverty line” who had not yet met the 5-year waiting period. In 2008, “federal law required a 5-year waiting period before many legal immigrants were permitted to enroll in Medicaid and CHIP, although many States offered health coverage to these populations with State-only funds.” President Obama lifted the 5-year ban in 2009.

Still, the fact that Texas’ Medicaid stinginess was ultimately rejected by the Bush administration — itself no fan of government health care — speaks volumes of Perry’s disinterest in covering the poorest Americans and explains his state’s high uninsurance rates.

Economy

GOP Super Committee Member Pledges Not To ‘Chop’ Entitlement Benefits Or Raise The Retirement Age

Rep. Fred Upton (R-MI)

Speaker John Boehner (R-OH) surprised many when he appointed a Republican widely perceived as a moderate, Rep. Fred Upton (MI), to serve as one of six GOP members on the congressional “super committee” tasked with finding $1.5 trillion in deficit savings by November. Conservatives are worried that Upton will not toe the GOP’s hardline stance against taxes because he’s expressed a willingness to raise revenues by eliminating tax loopholes.

Yesterday at a public forum in Kalamazoo, Michigan, Upton gave another glimmer of hope that he would be willing to divorce himself from Tea Party dogma to do what’s right. Upton came out as a strong defender of entitlement programs, and vowed to protect current beneficiaries in the super committee’s deliberations:

UPTON: It’s critical…for people that are benefiting today from Medicare and Social Security, that they do not see benefit reductions. It’s awfully hard to tell someone…who might be 82 that they’ve got to go back to work because their benefits are going to be chopped. That’s not going to happen. We’re not going to let that happen.

Watch it:

In response to audience questions, he also said he doesn’t support raising the retirement age for Social Security over 67 (where it is for workers born after 1960). Upton’s unequivocal support for preserving entitlement programs, at least for today’s seniors, is encouraging when contrasted with the statements of his fellow GOP committee members who have called entitlements “cruel Ponzi schemes.” Like his fellow Republicans, however, Upton did not rule out cuts for future beneficiaries.

Upton also reiterated his support for ending corporate tax dodging by reforming the tax code. “I’m not afraid of looking at tax loopholes,” he said. “I don’t think anybody was happy to see that GE didn’t pay any taxes.”

Some liberals have voiced their concern that Upton is nothing but a conservative in moderate’s clothing who will ultimately go along with his party’s anti-entitlement agenda on the committee. Michigan constituents — and Americans across the country — should certainly keep a close eye on Upton to see if he keeps his promise to them to protect entitlements.

NEWS FLASH

Report Faults Congressional Restrictions For 10 Percent Drop in U.S. Anti-HIV/AIDS Funding | A report released by the Kaiser Family Foundation and the Joint U.N. Program on HIV/AIDS blames the drop in U.S. funding for the global effort against HIV/AIDS on restrictions put in place by the U.S. Congress. While the report also cited belt-tightening in the economic downturn, the rules Congress imposed in 2008 that require the recipient countries to make five-year plans for the money took most of the blame. Meeting the requirement delayed aid disbursement to 15 of 32 eligible countries. In 2010, the U.S. gave about $3.7 billion dollars toward efforts to combat HIV/AIDS. Though the number was down $700 million from the previous year, the U.S. still leads the world in giving. Here’s a chart from the Wall Street Journal:

Rep. Joe Wilson Claims Vindication For ‘You Lie,’ Dismisses Health Needs Of Migrant Workers

Last week, the Department of Health and Human Services announced that the federal government would be awarding $28.8 million to 67 community health center programs across the country as a result of funding made available through the Affordable Care Act. “Community health centers work to improve the health of the nation’s underserved communities and vulnerable populations by ensuring access to comprehensive, culturally competent, quality primary health care services,” the agency said in its release, noting that the new grants will help deliver care “for an additional 286,000 patients.”

But Rep. Joe “You lie” Wilson (R-SC) has seized on the announcement as a fundraising opportunity, arguing that since the funds are distributed to health clinics in farm communities that don’t check the legal status of their patients, the health law will, in fact, subsidize care for undocumented immigrants. Wilson, in other words, is taking a victory lap and claiming that President Obama did lie about the provision:

Nearly two years ago I made national news when I voiced your outrage at the misrepresentations being perpetuated by the Obama administration. The media and Obama’s liberal allies attacked me for only pointing out the truth that ObamaCare would cover illegal immigrants.

Yesterday, my point was vindicated when the Department of Health and Human Services announced its newest ObamaCare grant. CNS News reported:

“Because the health care centers receiving $8.5 million in ObamaCare money ‘to target services to migrant and seasonal farm workers’ will not check the immigration status of the migrant workers who seek their services it is inevitable that they will serve illegal aliens.”

The president specifically promised the American people that ObamaCare would not cover those who are here illegally. He misled all of us.

Wilson’s self-congratulatory re-election gimmick is not only callous in its tone, but also highly dismissive of the health care needs of migrant workers — many of whom are actually legally working in the United States. According to data from the U.S. Department of Labor, since 2001, the share of crop workers who are citizens “has increased from about 21 percent to about 33 percent, while the share who hold green cards or other forms of work authorization has fallen from about 25 percent to about 19 percent.” The Department estimates that approximately half of all migrant are citizens or have another legal status.

In fact, most still have a hard time obtaining steady insurance through Medicaid and have to rely on community health centers for their primary care needs. “Different state eligibility requirements and the lack of portability or reciprocity in Medicaid and SCHIP, create administrative barriers to coverage for mobile populations,” the National Center for Farm Workers Health concludes. “Therefore, when farmworker families move from state to state seeking employment, Medicaid and SCHIP benefits stop at the state border, making Medicaid and SCHIP unobtainable for most farmworkers and their families.”

As HHS spokesperson Chris Stenrud told Fox News, “By statute, health centers are required to provide primary health care to all residents of the health center’s service area without regard for ability to pay. However, health centers do not provide free care. All health center patients are expected to contribute to the cost of their care.”

Community health centers offer primary care to underserved populations — both legal and undocumented. And if Wilson doesn’t buy the moral argument of ensuring that everyone should have access to medical treatment, he could at least take solace in the fact that these centers create jobs, lower health care costs by treating conditions before they grow chronic and keep people out of the emergency rooms. But even all that won’t shake his deep resistance to treating all people as human beings.

Rick Perry’s Motives, Ties To Drug Manufacturer Questioned During 2007 HPV Debate

Rick Perry cited health data about the high risk of cervical cancer among young women when he defended his decision to mandate sixth-graders to receive the HPV vaccine in 2007, but some critics saw ulterior motives in the Texas governor’s order to make small-government Texas the first state in the nation to require vaccination. After all, Perry had not consulted Republicans in the legislator before issuing the requirement early that February and had expressed no prior interest in expanding access to women’s health care — or doing much of anything to improve public health in the state.

And so, Perry’s detractors turned to his relationship with the vaccine manufacturer, Merck — which stood to profit from the order — and the company’s stealth campaign to push states to adopt the requirement. From the Associated Press’ 2007 account:

Merck is bankrolling efforts to pass laws in state legislatures across the country mandating it Gardasil vaccine for girls as young as 11 or 12. It doubled its lobbying budget in Texas and has funneled money through Women in Government, an advocacy group made up of female state legislators around the country. [...]

Perry has several ties to Merck and Women in Government. One of the drug company’s three lobbyists in Texas is Mike Toomey, his former chief of staff. His current chief of staff’s mother-in-law, Texas Republican state Rep. Dianne White Delisi, is a state director for Women in Government. [...]

Perry also received $6,000 from Merck’s political action committee during his re-election campaign.

Shorty after Perry issued the order on Feb. 2, 2007, the AP reported that “Perry’s chief of staff had met with key aides about the vaccine on October 16, the same day Merck’s political action committee” donated to the governor. Still, Perry dismissed all charges of impropriety. “When a company comes to me and says we have a cure for cancer, for me not to say, ‘Please come into my office and let’s hear your story for the people of the state of Texas, for young ladies who are dying of cancer,’ would be the height of irresponsibility,” the Republican governor said. “Whether or not they contributed to my campaign, I would suggest to you, are some of those weeds that we are trying to cut our way through.”

What made matters worse, however, was that Merck had “made headlines in 2004 for failing to disclose that its painkiller Vioxx raised the risk of cardiac arrest and stroke in patients” and so critics worried that the company’s new HPV vaccination was yet untested and could suffer from defect.

The opposition proved overwhelming and Perry quickly backed down from his requirement, allowing the executive order to be overturned by the legislature (only three of 181 lawmakers voted against the bill rescinding the requirement). But he didn’t go quietly, chastising lawmakers in his own party for misrepresenting his motives and intentions. “In the next year, more than a thousand women will likely be diagnosed with this insidious yet mostly preventable disease,” said Perry. “I challenge legislators to look these women in the eyes and tell them, ‘We could have prevented this disease for your daughters and granddaughters, but we just didn’t have the gumption to address all the misguided and misleading political rhetoric.’”

Morning CheckUp: August 16, 2011

Obama predicts SCOTUS will uphold ObamaCare: “If the Supreme Court follows existing precedent, existing law, it should be upheld without a problem,” Obama said. “If the Supreme Court does not follow existing law and precedent, then, you know, we’ll have to manage that when it happens.” [USA Today]

How Obama can slowdown health law’s march to SCOTUS: “The Department of Justice has 90 days to decide whether it wants to appeal directly to the Supreme Court or ask the entire 11th Circuit Court of Appeals to review the case first in an en banc hearing. The en banc hearing would merely slow down the appeal process, since the losing party is all but certain to appeal to the Supreme Court. So the administration could try to push a Supreme Court ruling past the 2012 election by asking for the en banc hearing — but there wouldn’t be much of a point otherwise, since they’re not likely to get a better ruling from the full court.” [Jennifer Haberkorn]

PerryCare: “There’s a pretty wide disconnect between what Perry says he would like to change about Medicaid in Texas and what he’s been able to accomplish: His biggest reform proposals have hit dead ends under both Democratic and Republican administrations.” [Sarah Kliff]

Medicaid pays less for drugs: “Medicaid gets much deeper discounts on many prescription drugs than Medicare, in part because Medicaid discounts are set by law whereas Medicare prices are negotiated by private insurers and drug companies, federal investigators said Monday in a new report.” [Robert Pear]

Medicaid cuts could mean fewer benefits for new enrollees: “Twenty-four states are planning to cut at least $4.7 billion from their Medicaid programs, which could result in fewer benefits for the millions of individuals expected to enroll in the program when the federal health reform law expands eligibility in 2014.” [California HealthLine]

AIDS funding falls: “Spending on the global fight against AIDS fell significantly in 2010 for the first time since the U.S. and other governments began making major donations, according to a new report.” [WSJ]

HHS doles out $49 million to state health agencies: “The bulk of the money — roughly $36 million — came from the prevention and public health trust fund established by the healthcare reform law. Another $4 million came from general funding to the Centers for Disease Control and Prevention.” [Sam Baker]

MA insurers pressured to charge less: “A pair of major Massachusetts health insurers said Monday that they accepted insufficient increases in premiums for small businesses and individuals because of mounting pressure on the industry to contain costs.” [Boston Herald]

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