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Dying Immigrant Denied Kidney Transplant Because He Is Undocumented

Jesus Navarro wears a surgical mask to prevent infection while undergoing dialysis treatments.

Jesus Navarro, a dialysis patient who will die without a kidney transplant, has private insurance. He has a donor to provide the needed kidney. But because he is an undocumented immigrant, hospital administrators at UC San Francisco Medical Center are refusing to allow the procedure, saying that there is no guarantee Navarro will receive the necessary follow-up care because of his immigration status. Now, Navarro is stuck in an “ethical gray area” for the hospital. “It puts the doctors in a very awkward and torn position,” said Arthur Caplan, a bioethics professor at the University of Pennsylvania. “You come into this trying to do good and find yourself stuck in the middle of a fight about immigration.”

For eight years, Navarro has used a home dialysis machine to cleanse his blood after his kidneys began to fail. He reached the top of the waitlist for a kidney in the spring, but doctors called off his transplant when they discovered his immigration status. Even after his wife offered her kidney for the transplant, administrators still refused to allow the surgery. Reece Fawley, executive director of transplantation at UC San Francisco, said in a statement that the hospital considers socioeconomic stability for all patients, including immigration status.

Navarro’s situation highlights a dilemma for hospitals when it comes to organ transplants for immigrants, especially if their undocumented status threatens their continued access to insurance:

Though no data are available, anecdotal evidence suggests clinics sometimes perform organ transplants on illegal immigrants, especially when the patients are young. In one high-profile case, UCLA Medical Center gave an undocumented woman three liver transplants before she turned 21.

But health administrators also reject patients because of their immigration status, though that usually happens when the patients lack insurance. Bellevue Hospital in New York attracted attention last year when it refused to transplant a kidney between brothers because they could not pay for the operation. [...]

Some bioethicists say the hospital should have performed the surgery because Navarro would not be taking resources away from other patients or putting his wife at serious risk.

After all, many legal residents fail to follow their post-surgical plan.

Some lawmakers would even want hospitals to check the immigration status for all patients. The Arizona legislature considered a bill that would require that, and Rep. Steve King (R-IA) said in November that it would not be going “too far” to have hospitals ask patients about their immigration status.

But in the meantime, Navarro’s private insurance from his job would cover the transplant and follow-up care, but he lost job last month after an immigration audit and his insurance could run out. If he is unable to extend his insurance and ends up in California’s Medi-Cal program, his problem would worsen because Medi-Cal would not cover the immunosuppressive drugs that prevent organ rejection after a transplant. “We don’t know what to do,” his wife said. “It’s like we’re on a ledge — we can’t go here or there.”

NEWS FLASH

ACA Will Likely Boost Florida’s Health Sector | Republican presidential candidates have been peddling promises to overturn the ACA in an effort to secure votes in the primary elections, and their message has struck a chord in Florida — the state that’s leading the effort in challenging the constitutionality of the law. But as MarketWatch’s Ruth Mantell notes, Florida is home to about 960,000 jobs in health care and social assistance field — around 13 percent of all nonfarm payroll positions in the state — and can expect to see substantial gains in health employment as a result of reform. Massachusetts experienced significant increases in health care jobs after Mitt Romney’s reforms and estimates suggest that the expansion of coverage under the ACA could add between 250,000 and 400,000 jobs annually over the next decade — all the while modernizing the health care system and encouraging higher quality, lower cost care. — Fatima Najiy

Nation’s Largest Cancer Charity Caves To Right Wing Pressure, Ends Relationship With Planned Parenthood

Susan G. Komen for the Cure is the country’s best-known and best-funded breast cancer organization. Known for it’s iconic pink ribbon and annual Race for the Cure event, the organization has invested nearly $2 billion in cancer education and research since its founding in 1982.

But today, bowing to political pressure, Komen for the Cure announced that it is severing its partnership with Planned Parenthood and will stop providing hundreds of thousands of dollars in grants that allow their centers to perform breast exams on women who could not otherwise get them.

Since anti-abortion activists and their Republican allies ratcheted up their crusade against Planned Parenthood last year, they’ve targeted any and all allies of the organization to try to make inroads, including the cancer charity. Planned Parenthood provides birth control, STD testing, and cancer screenings to low-income women.

In a press release Planned Parenthood said it was deeply saddened and disappointed by the decision:

Planned Parenthood Federation of America today expressed deep disappointment in response to the Susan G. Komen for the Cure Foundation’s decision to stop funding breast cancer prevention, screenings and education at Planned Parenthood health centers. Anti-choice groups in America have repeatedly threatened the Susan G. Komen for the Cure Foundation for partnering with Planned Parenthood to provide these lifesaving cancer screenings and news articles suggest that the Komen Foundation ultimately succumbed to these pressures.

“We are alarmed and saddened that the Susan G. Komen for the Cure Foundation appears to have succumbed to political pressure. Our greatest desire is for Komen to reconsider this policy and recommit to the partnership on which so many women count,” said Cecile Richards, president of Planned Parenthood Federation of America.

In the last few weeks, the Komen Foundation has begun notifying local Planned Parenthood programs that their breast cancer initiatives will not be eligible for new grants (beyond existing agreements or plans).

Komen’s pretext for ending the alliance is the spurious congressional investigation into Planned Parenthood led by Rep. Cliff Stearns (R-FL). Democrats say the far-reaching investigation is a political witch hunt and abuse of government resources.

Komen’s new Senior Vice President of Public Policy, Karen Handel, not only has a long anti-choice history, but pledged to eliminate grants for Planned Parenthood to provide breast and cervical cancer screenings when she ran for governor of Georgia in 2010.

According to Planned Parenthood, in the past five years support from Susan G. Komen allowed their health centers to provide nearly 170,000 breast exams and 6,400 mammogram referrals. The charity’s decision has succeeded only in depriving low-income women of cancer screenings that could save their lives — a move that flies in the face of Komen’s mission.

How To Ensure That Essential Health Benefits Are Sustainable Over The Long-Term

Our guest blogger is Topher Spiro, the Managing Director of Health Policy at the Center for American Progress.

The Affordable Care Act includes a requirement that new health insurance plans offered to individuals and small businesses cover “essential health benefits.” The law requires coverage of benefits within 10 broad categories, including maternity and newborn care, mental health benefits, and prescription drugs. Today, many of these benefits are not typically offered by individual health care plans and employer coverage may eschew wellness services and pediatric oral and vision care. The 10 categories, therefore, go a long way to ensure that insurance provides access to needed care. But otherwise, the law tasks the Secretary of Health and Human Services to define the essential health benefits (the “EHB”).

On December 16, 2011, the Secretary did just that. The Department of Health and Human Services released an “Essential Health Benefits Bulletin”—its proposed framework for defining the EHB. Under that approach, states can choose a benchmark plan from among the largest small employer plans, Federal Employees Health Benefits Plans, or state employee plans, or the largest HMO plan offered in a state.

In evaluating this proposed approach, it’s important to remember the purposes of the EHB. First, the EHB should ensure that coverage provides access to essential health care. Second, the EHB should minimize abuse in which insurers design benefits to attract healthier individuals and deter less healthy individuals. And third, the EHB should provide some degree of standardization to make it easier for consumers and small businesses to make apples-to-apples plan comparisons. On this last point, the Congressional Budget Office concluded that standardization is a key element in enhancing competition and lowering premiums.

HHS’s proposed approach has the potential to meet these objectives in the short term, but would require substantial review and oversight—which could in turn require some modification. Based upon further review and analysis, HHS may need to reduce the number of potential benchmark plans.

Research indicates that the potential benchmark plans cover substantially similar benefits. But insurers might impose a dollar limit, frequency/visit limit, and/or other nonmonetary limits (prior authorization) on a specific benefit. Insurers could use such limits as loopholes that undermine the ACA’s prohibitions on lifetime and annual limits and the EHB itself. Substantial review and oversight is therefore needed to ensure that no benchmark plans—in particular, small employer plans—impose limits that are inconsistent with medical practice or that undermine the ACA’s important consumer protections.

Also, allowing insurers to substitute benefits or limits could undermine the purposes of the EHB. Insurers could use this flexibility to design benefits that attract healthier individuals and deter less healthy individuals—in other words, to “cherry pick” enrollees. Moreover, too much flexibility could exponentially increase the number of plan designs offered through the exchange—making it more difficult for consumers and small businesses to compare and enroll in plans.

All in all, given practical realities, a state-based approach is sensible for the short term and will help ensure a smooth implementation in 2014. Over the long term, however, a state-based approach would not be sustainable, and HHS should adopt a national benchmark as soon as possible. That benchmark should guide both the scope of covered services as well as limits on those services. It should also ensure that the package is equivalent in value to the benefits that members of Congress receive. Such a benchmark would be clear, consistent, and ensure a degree of comprehensiveness that is widely acceptable.

You can read CAP’s full comment letter here.

Virginia Democrat Proposes ‘Gender Equity’ To Anti-Abortion Bill, Requires Rectal Exams For Men Seeking Viagra

The Virginia legislature is starting off 2012 with a bicameral attack on a woman’s right to choose. The General Assembly’s very first bill, House Bill 1, is a “personhood” amendment that seeks to essentially outlaw abortions. Over in the state senate, Sen. Jill Vogel (R) has introduced a bill that would require all women seeking an abortion “to have an ultrasound image taken to determine the gestational age of the fetus.” Piqued by the unnecessary intrusion into a woman’s doctor-patient relationship, state Sen. Janet Howell (D) sought to level the playing field.

“If pregnant women should have to get an ultrasound before having an abortion, men should have to undergo additional medical procedures before getting a prescription for erectile dysfunction,” she noted, and introduced an amendment to Vogel’s bill requiring that men “undergo a digital rectal exam” for pills like Viagra:

On Monday Howell expressed her disdain for legislation requiring the ultrasound by proposing an amendment she described as a simple matter of fairness. Her amendment said that before being treated for erectile dysfunction, a man would have to undergo a digital rectal exam and a cardiac stress test.

“We should just have a little gender equity here,” Howell said.

Vogel argued that “erectile dysfunction, in this context, is different from pregnancy,” and the “gender equity” amendment failed in a 21 to 19 vote mostly along party lines. Vogel’s ultrasound bill will receive a final vote today, and is expected to clear the full Senate.

Aware that such measures are a blatant attempt to obstruct and intimidate women from considering their constitutional right to an abortion, Howell pointed out that the ultrasound is also “adding to the cost” and “opening up [women] to emotional blackmail.”

NEWS FLASH

Connecticut Legislators To Push For Public Option | The Connecticut Mirror reports that state legislators will introduce a state-run insurance option, similar to one proposed by Democrats in the Affordable Care Act. The plan, proposed by a working group on small business health care, contains many of the same ideas as a previous proposal, SustiNet, which was introduced last year but faced opposition from business groups and insurers. Under this plan, small businesses could purchase insurance through the government. The working group also recommended changing how some small group insurance rates are set, and adding a basic health care program for low-income residents who make too much to qualify for Medicaid, among other suggestions. Last year, a report from a state board to the General Assembly found that a public option could save Connecticut taxpayers up to $355 million.

Zachary Bernstein

CBO: Medicare Spending To Reach $1 Trillion By 2022

Outlays for Medicare, Medicaid and “other mandatory federal programs related to health care accounted for just under 40 percent of mandatory spending in 2011,” the Congressional Budget Office reported today and will continue to grow into the future. For instance, a boost in the number of beneficiaries will increase Medicare spending to more than $1 trillion by 2022, reflecting 4.2 percent of the Gross Domestic Product, (GDP) and raise Medicaid spending to $605 billion:

Interestingly, the growth in Medicare spending per beneficiary over the 2012–2022 period will only average “1 percent a year more than the rate of inflation” — compared to a 5 percent a year growth between 1985 and 2007 — as a result of “the anticipated influx of younger, healthier beneficiaries” and the constraining effects of the SGR formula and the limits on updates to payment rates for other services,” the CBO projects. Per-beneficiary spending will increase thereafter as a result of “rising drug costs” and “more generous benefits enacted in the Affordable Care Act.” Outlays will increase if Congress patches the Sustainable Growth Rate (SGR) and prevents a scheduled 27 percent fee reduction for Medicare doctors in March 2012, as lawmakers have pledged to do. “If payment rates stay as they are now through 2022, outlays for Medicare (net of premiums) would be $9 billion higher in 2012 and about $316 billion (or about 5 percent) higher between 2013 and 2022,” CBO concludes.

Expenditures on Medicaid, on the other hand, will decrease in 2012 “as states become responsible for a higher share of total costs than had been the case in recent years.” The program grow steadily between 2014 an 2016, when more lower-income Americans become eligible for Medicaid under health care reform. By 2022, about “95 million people will be enrolled in Medicaid at some point in the year, CBO estimates.”

‘Morning Joe’ Slams Romney For Medicare Hypocrisy, Scaring Seniors In Florida

MSNBC’s Joe Scarborough tore into Mitt Romney this morning for falsely claiming that President Obama is the only president “in history that’s cut Medicare by $500 billion” and scaring senior citizens about the future of the program. “It’s pathetic!” Scarborough exclaimed, before pointing out that Romney himself supports large reductions to the program and has endorsed Paul Ryan’s Medicare reforms:

SCARBOROUGH: That is the most shameful demagoguery that I have heard on the campaign trail yet this year. To tell senior citizens that the program that is going to bankrupt America unless we figure out a way to bend the cost curve, is going to be protected forever and can you believe that Barack Obama cut $500 billion from it? It’s just unspeakable…it is unspeakable, because this country is going bankrupt and Mitt Romney is trying to scare senior citizens — you know what? It’s what we called Mediscare in ’95 and ’96. It was pathetic when Bill Clinton did it it’s pathetic when Mitt Romney does it, it’s pathetic when he does it because of Medicare Advantage. Pathetic.

Watch it:

“And Mitt Romney’s on record as supporting Paul Ryan’s plan, which as far as I remember it, actually takes huge, makes huge savings/cuts to Medicare,” New York Magazine’s John Heilemann added. Indeed, the Ryan plan fundamentally transforms Medicare’s structure into a guaranteed contribution program, significantly reduces its growth rate, and actually maintains many of the savings included in the Affordable Care Act. Romney himself has introduced very similar reductions as part of his own Medicare proposal.

Morning CheckUp: January 31, 2012

The Medicare wars heat up: “The Democratic Congressional Campaign Committee has come out swinging since Rep. Paul Ryan (R-WI) said he’s not backing down from a premium-support model for Medicare.” [The Hill]

How Obamacare changes Romneycare: “Observers of the Massachusetts law say while technological support and the political will is there, there are still some big pieces that might have to change — from the state-run program for low-income people to the different (and bigger) fines Massachusetts charges for people who don’t get health insurance.” [Kate Nocera]

Abortion providers on Texas’ new sonogram law: For “many abortion and women’s health providers statewide, performing these sonogram-related actions is an affront — to patients who have thought long and hard about their decisions, and to doctors who believe they are not medically necessary.” [Texas Tribune]

Idaho governor needs more time for exchanges: “Idaho Gov. Butch Otter told the Idaho Press Club last week that he’s all but given up on establishing a state-run health insurance exchange, unless the federal government gives Idaho more time.” [Spokesman Review]

Pennsylvania seeks health law funding: “Gov. Tom Corbett believes the Obama administration’s health reform law is unconstitutional, but that’s not stopping the state from asking the federal government for money to implement it.” [Politics PA]

The end of insurance companies: “Here’s a bold prediction for the new year. By 2020, the American health insurance industry will be extinct. Insurance companies will be replaced by accountable care organizations — groups of doctors, hospitals and other health care providers who come together to provide the full range of medical care for patients.” [Ezekiel Emanuel]

Are doctors leaving Medicare?: “Anecdotally, it is believed within the healthcare community that doctors are leaving Medicare in greater and greater numbers. A new report by the Office of Inspector General has found that there is not enough data available to make any determinations about this trend.” [Healthcare Finance News]

Gingrich Suggests It’s Immoral For Couples To Conceive Children Through In Vitro Fertilization

In his attempt to win the GOP nomination, Newt Gingrich has had no problem discarding old positions and embracing a more conservative stance when it comes to government intervention in women’s fertility. To placate the right-wing base of the party, he’s even parroting the rhetoric of the radical personhood movement, which is pursuing legislation that would not only criminalize all abortion but outlaw common forms of birth control as well.

Now the supposedly “pro-life” candidate is backing another goal of the personhood movement — making it more difficult for couples to conceive through in vitro fertilization:

Republican presidential contender Newt Gingrich called Sunday for a commission to study the ethical issues relating to in vitro fertilization clinics, where infertile women receive treatment to get pregnant and large numbers of embryos are created.

If you have in vitro fertilization you are creating life. And therefore we should look seriously at what should the rules be for clinics that do that because they’re creating life,” said Gingrich, who opposes abortion and says life begins at conception.

Gingrich, who is campaigning for votes in Tuesday’s Florida primary, did not expand on his proposal for a commission. His remarks seemed to open the possibility of a larger federal role over IVF clinics across the country than currently exists.

As ThinkProgress previously reported, personhood legislation could ban couples from conceiving children through IVF, or at least drastically change how it’s practiced, making it less effective and more dangerous. Personhood USA — and now Gingrich too apparently — disapproves of IVF because the process involves discarding embryos.

Although IVF has long been an accepted practice for helping couples struggling with infertility to get pregnant, religious extremists have condemned it for allowing doctors to “play God.” Around 58,000 American IVF babies are born each year, comprising more than 1 percent of all births in the U.S.

Justice

Plaintiffs Challenging Affordable Care Act In The Supreme Court Admit That The Law Is Constitutional

One of the oddest arguments made by the plaintiffs now challenging the Affordable Care Act before the Supreme Court is a claim that, if just one small part of the law is declared unconstitutional, the whole law must fall with it. The overwhelming majority of judges who have heard ACA cases rejected the ridiculous claim that any part of the law is unconstitutional. And, of the handful of judges to strike part of the law down, only one — the guy who included an explicit shout-out to the Tea Party in his opinion — accepted the legally indefensible position that the whole law must fall.

In their attempt to see the entire Affordable Care Act fall, however, several of the plaintiffs challenging the law committed what should be a fatal blunder — they effectively admit that their entire constitutional challenge to the law is garbage.

The primary attack on the ACA targets its provision requiring most Americans to either carry health insurance or pay slightly more income taxes — the so-called “individual mandate.” This insurance coverage provision exists because without it, the law’s other provisions ensuring that people with preexisting conditions can obtain insurance cannot be implemented. 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, massively driving up costs for the rest of the plan’s consumers.

This problem doesn’t just make the insurance coverage requirement good policy, it also makes it constitutional. The Constitution doesn’t just give Congress sweeping authority to regulate the national economy, it also authorizes it “[t]o make all laws which shall be necessary and proper for carrying into execution” regulations of interstate commerce. As conservative Justice Antonin Scalia explains, this means that, “where Congress has the authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective.”

So, with this background in mind, consider the following passage from the private plaintiffs’ brief arguing that the entire law must fall if the insurance coverage rule goes down:

The mandate was intended to be a direct subsidy to insurance companies, as compensation for requiring them (in the guaranteed-issue provision) to insure against “risks” that have already come to pass and forbidding them (in the community-rating provision) from using actuarially sound insurance premiums. The mandate thus works to counteract the powerful inflationary impacts of these other provisions, which would otherwise make premiums in the individual insurance market prohibitively expensive, thereby frustrating Congress’ goal of affordable health insurance. And Congress further viewed the mandate as necessary to prevent “adverse selection” to “game” the new insurance rules, which proponents warned would spark a “death spiral” in insurance.

The guaranteed-issue and community-rating requirements thus cannot operate without the mandate in the manner intended by Congress. Rather, “their associated force—not one or the other but both combined—was deemed by Congress to be necessary to achieve the end sought.” To strike the mandate alone would impermissibly eliminate a central quid pro quo of the Act. If the mandate falls, the guaranteed-issue and community-rating regulations must therefore fall with it, as the Government itself has conceded.

So the plaintiffs admit that, without the insurance coverage requirement, premiums will become “prohibitively expensive” and that the ACA’s provisions protecting people with preexisting conditions or who otherwise are highly likely to need health care (what are known as “guaranteed-issue” and “community-rating” laws in the jargon of health policy) “cannot operate without the mandate in the manner intended by Congress.” This is a flat out admission that the Scalia Rule applies in this case. Guaranteed issue and community rating are regulations of interstate commerce, and thus Congress has “every power needed” to make them effective — including the power to enact the insurance coverage requirement.

I discuss this rather breathtaking admission at greater length in an amicus brief I filed Friday on behalf of several health provider organizations, which also includes some more details about why the plaintiffs’ attempt to take out the entire ACA has no basis in law. Ultimately, however, there is no need whatsoever for the justices to consider how much of the law stands or falls without the coverage requirement. The private plaintiffs already gave away the farm when they admitted that their entire legal challenge rests on a crumbling foundation.

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Poll: Affordable Care Act Gaining Wider Acceptance

A new Harris Interactive/HealthDay poll found that support for certain components of President Obama’s health reform law seems to be slowly increasing with time. According to the report, the percentage of Americans polled who are in support of the law’s provision preventing insurance companies from denying coverage to those with pre-existing conditions has jumped to 71 percent from just 64 percent at the end of 2010.

Other provisions of the ACA that are gaining acceptance since November 2010: creating insurance exchanges where people can shop for insurance is up to 59 percent from 51 percent; requiring research to measure the effectiveness of different treatments is now at 53 percent from 44 percent; and providing tax credits to small businesses to help pay for their employees’ insurance is now up 70 percent versus 60 percent.

Fatima Najiy

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OOPS: Romney ‘Proves’ Gingrich Supported ObamaCare With Three Quotes He Also Said

The Romney campaign has issued a release highlighting Newt Gingrich’s support for a federal individual mandate, similar to the provision included in the Affordable Care Act. “THERE IS NO DENYING IT … GINGRICH ADVOCATED FOR THE OBAMACARE MANDATE,” the release says in capital letters and shows a picture depicting the former House Speaker as an “unreliable leader”:

But Romney himself had repeatedly called for a national responsibility requirement before launching his bid for the presidency and even flirted with maintaining the ACA’s provision as recently as April 2010.

Below is a table matching every quote the Romney campaign is touting as evidence of Gingrich’s support for the individual requirement with one of Romney’s own endorsements:

GINGRICH: “We would not allow people to be free riders, failing to insure themselves and then showing up at the emergency room with no means of payment. [5/11/2009] ROMNEY: “We’re not going to have free riders…And that`s a model which I think has some merit more generally.” [PBS, 6/5/2006]
GINGRICH: “I am for people, individuals – exactly like automobile insurance – individuals having health insurance and being required to have health insurance.’ [6/16/2011] ROMNEY: “The government of course has a lot of mandates…mandates kids go to school, mandates they have to have auto insurance if they have an automobile. And my conservative friends say, well we don’t have to have automobiles, well what state do you live in? Of course you have to have automobiles in this nation.” [Fox News, 9/14/2011]
GINGRICH: “I agree that all of us have a responsibility to pay – help pay for health care. And, and I think that there are ways to do it that make most libertarians relatively happy. I’ve said consistently we ought to have some requirement that you either have health insurance or you post a bond or in some way you indicate you’re going to be held accountable.” [5/15/2011] HERITAGE EXPLAINS ROMNEY’S ORIGINAL PLAN: “Romney proposed that state residents either purchase health insurance or, if they chose not to do so, “self insure” by posting a $10,000 bond that could be put towards the cost of any hospital care they might use but be unable to afford.” [4/20/2006]
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Listen To Gingrich Use Romney’s And Obama’s Words To Defend The Individual Mandate

Verum Serum finds audio of Newt Gingrich touting the Affordable Care Act’s individual mandate in a call with health care clients from May 2009. Relying on rhetoric that echoes Mitt Romney’s and President Obama’s defense of the provision, Gingrich explains, “We believe that there should be must carry, that is everyone is expected to have health insurance or if you’re an absolute libertarian we would allow you to post a bond, but we would not allow people to be free-riders, failing to insure themselves and then showing up at the emergency room with no means of payment.” “If you have must-carry then the insurance companies told us you can have must issue and you will therefore have a system in which you don’t have to have a system of cherry picking and maneuvering.” Listen:

Gingrich’s think tank — the Center for Health Transformation — serves approximately 94 health industry corporations and lobby groups, including health insurance (BlueCross BlueShield Association, WellPoint, AHIP, UnitedHealth), health IT (L-3 Enterprise, Microsoft, IBM), and pharmaceutical companies — with each paying up to $200,000 annually. The organization also advocates for a national individual mandate.

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Gingrich Accuses Romney Of Waging A ‘War Against Religion’

Newt Gingrich doubled down on his claims that the Obama administration is engaged in a “war against religion,” during a town hall in Florida this morning, and accused Mitt Romney of acting in the same “dictatorial” fashion while serving as governor of Massachusetts.

“The Obama administration is engaged in a war against religion,” Gingrich began. “Their decision last week that they would impose on every Catholic institution, every Jewish institution, every Protestant institution the Obamacare standard of what you have to buy as insurance is a direct violation of freedom of religion, an example of the dictatorial attitude of this administration,” he charged, ignoring the regulation’s religious exemption. He then went after Romney:

GINGRICH: Let me just note that in a similar circumstance, Governor Romney imposed activities on the Catholic hospitals against their opposition. Refused to allow them the right of conscience in Romneycare. Just as, by the way, he eliminated serving Kosher food to elderly Jewish residents under Medicaid.

Watch it:

In reality, Romney’s position on allowing religious institutions like Catholic hospitals to opt out of providing emergency contraception to rape victims is more complicated. In 2005, the governor vetoed a “widely supported bill” making the morning-after pill available over the counter and requiring hospitals to offer emergency contraception to rape victims, even after pledging to support such measures while running for governor. By September, the state legislature “easily overrode” his veto, but the Department of Public Health, which is overseen by Romney, began drafting regulations that exempted religious hospitals from the requirement.

Then suddenly, in December 2005, Romney “abruptly ordered his administration to reverse course… and require Catholic hospitals to provide emergency contraception medication to rape victims.” “My personal view in my heart of hearts is that people who are subject to rape should have the option of having emergency contraceptives or emergency contraceptive information,” he told the Boston Herald. Romney has since said that he would support broader federal conscience protections for health care workers and pledged to eliminate the Title X program which provides “reproductive health services like birth control” to millions of women.

Romney also angered the Jewish community in 2003 after he “nixed the funding of about $5 per day” that allocated additional dollars for “poor Jewish nursing-home residents to get kosher meals.” The governor warned that the subsidy would lead to an “increased rate for nursing facilities,” but the Massachusetts Legislature “approved an amendment to restore the $600,000 to finance the kosher meals.”

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FACT CHECK: Ryan Demagogues Health Reform, Misrepresents Premium Support Plan

During an appearance on Fox News Sunday, Rep. Paul Ryan (R-WI) pledged to reintroduce his plan to privatize Medicare as part of the GOP’s budget plan in March. “I would simply say, there’s an emerging bipartisan consensus that we’re on the right track,” Ryan told host Chris Wallace. “And the point is, we should be offering solutions to our problems in our country. We shouldn’t just be demagoguing other people and offering no solution.”

Ryan would do well to follow his own advise, as the indignant House Budget Committee chairman grossly misrepresented the Affordable Care Act and the details of his own Medicare premium support solution. Below is a brief fact check:

CLAIM — MEDICARE WILL GO BANKRUPT: “The Congressional Budget Office also says Medicare is going bankrupt in 2021. The trustees at Medicare say that there’s $37 trillion unfunded liability.”

FACT: The CBO says that one part of Medicare — Part A or hospital insurance — will become “insolvent,” not bankrupt. Dedicated revenues will not be sufficient to pay all of its bills and the hospital fund will meet about 90 percent of its commitments, rather than the full 100 percent. In the succeeding years that shortfall will slowly widen and then contract, so that in 2085, Medicare could pay out 88 percent of its obligations, the program’s trustees conclude. The savings in the ACA — lowering annual payment updates to providers — has actually extended the life of the trust fund by nine years.

CLAIM — NOTHING CHANGES FOR CURRENT SENIORS: “If you take a look at our reforms, which don’t change any Medicare benefits for a person 55 or above, and says for people 54 and below, when they’ll retire, they’ll have a list of guaranteed coverage options over by Medicare just like we do it in Congress and federal employees have, and we’re not going to subsidize the wealthy as much as everybody else.”

FACT: It’s likely that beneficiaries 55 and older would see changes in their Medicare benefits. In 2022, newly-eligible seniors would have to enroll in a private plan, but existing beneficiaries (those who are over 55 today) would also have the option of leaving traditional Medicare. That opens up the possibilities of private plans trying to lure away the healthiest beneficiaries (as is currently the case in Medicare Advantage) and of health care providers abandoning traditional Medicare patients for the higher reimbursement rates of private insurers. For chronically ill seniors who are more likely to remain in fee-for-service Medicare this means two things: higher costs (as the healthier beneficiaries exit the risk pool) and fewer doctors. Ryan’s proposal also does not resemble the “coverage options” of federal employees, because his “premium support” payments do not keep up with health care costs. The FEHBP’s do.

CLAIM — ACA WILL RATION CARE: “Put that in comparison to the president’s health care law. This year, he appoints 15 unelected, unaccountable bureaucrats to a board called the IPAD, Independent Payment Advisory Board, and their job is to put price controls and therefore rationing on Medicare for current seniors. So, the president’s law takes half a trillion dollars out of Medicare to spend on Obamacare and now he’s putting this new rationing board in place, which will lead to denied care to current seniors.”

FACT: The 15 members of the IPAB are appointed by the President, but confirmed by the Senate. The group is tasked with making binding recommendations to reduce expenditures in the Medicare system, unless Congress acts to alter the proposal or discontinue automatic implementation. Significantly, their proposal to reduce spending cannot “include any recommendation to ration health care, raise revenues or Medicare beneficiary premiums…increase Medicare beneficiary cost- sharing (including deductibles, coinsurance, and co- payments), or otherwise restrict benefits or modify eligibility criteria” (Section 3403 (page 409) of the Affordable Care Act stipulates.)

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Morning CheckUp: January 30, 2012

Republicans still worried about Romneycare: “Even if he does poorly in Florida, Santorum is not going away. He said Friday he will continue his campaign into other states and repeated his criticism of Romney, calling his position “a big, big liability for us going into this general election.” Gingrich joined in during a stop Saturday in Winter Park, telling voters it would impossible to have a “rational debate” with “Romneycare” resembling the national law.” [Tampa Bay Times]

Gingrich wants to investigate in vetro clinics: “Republican presidential contender Newt Gingrich called Sunday for a commission to study the ethical issues relating to in vitro fertilization clinics, where infertile women receive treatment to get pregnant and large numbers of embryos are created.” [AP]

CMS seeks drug savings: “The CMS said the federal and state governments would save about $17.7 billion over five years with adjustments to the way Medicaid pays for prescription drugs.” [Modern Healthcare]

Democrats prepare to go after Republicans on Medicare privatization: “Ryan last week announced that’s he’s eying the same types of Medicare changes in the budget he intends to propose this year… Democrats are practically drooling at the opportunity to hammer Republicans once more on Medicare.” [The Hill]

Electronic health records need a lot of work: “America may be a technology-driven nation, but the health care system’s conversion from paper to computerized records needs lots of work to get the bugs out, according to experts who spent months studying the issue.” [AP]

Romney’s persuasive defense of the individual mandate: “For a candidate who keeps vowing to repeal the 2010 federal Affordable Care Act, former Massachusetts Gov. Mitt Romney sure can make a convincing argument on its behalf.” [Julie Rovner]

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Deval Patrick Calls On Massachusetts Lawmakers To Tackle Rising Health Care Costs

Our guest blogger is Emily Oshima, a Research Associate/Policy Analyst with the Health Policy team at American Progress.

On Monday, Gov. Deval Patrick of Massachusetts again urged state lawmakers to address rising health care costs in his annual state of the state address. Patrick first introduced a bill, “An Act Improving the Quality of Health Care and Controlling Costs by Reforming Health Systems and Payments,” in February 2011 in an effort to achieve comprehensive delivery system and payment reform.

Patrick’s proposal calls for replacing the current fee-for-service payment system, which creates incentives for providers to deliver more services – even unnecessary care, with a global payment system, which encourages more coordinated patient care and rewards providers for better patient health. It aims to “significantly reduce” fee-for-service payments by the end of 2015 and, as Patrick explained, “stop paying for the amount of care, and start paying for the quality of care.”

The Massachusetts bill encourages greater price transparency, consumer protections against rate increases, and medical malpractice reform to reduce the costs of defensive medicine. The legislation creates incentives for providers to better coordinate patient care and lower costs through Accountable Care Organizations (ACO). Such arrangements have already improved care for more than 100,000 Blue Shield of California patients in California and San Francisco, where better coordination among health care providers has flattened premium increases, lowered hospital readmissions by more than 20 percent, and saved $20 million in 2011.

Numerous hospitals, physician groups and insurers across the nation are adopting the ACO model in hopes of duplicating this success. For instance, Massachusetts is already home to nine ACO entities and 32 health care organizations are participating in HHS’ Pioneer ACO initiative to improve care and lower costs for Medicare patients.

Health reform in Massachusetts was wildly successful in expanding coverage to more than 98 percent of the population and now lawmakers must tackle their next big challenge: cost control.

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GOPAC Chief Misrepresents Medicare Savings In The Affordable Care Act

Frank Donatelli

With the Supreme Court poised to rule on the constitutionality of the health care law this summer, the debate continues over what exactly the law does, with varying degrees of factual accuracy. For example, Frank Donatelli, the chairman of GOPAC, is out with an opinion piece this morning on the “evils” of the health care law:

Start with Medicare. The trustees who run the program have been telling us for some time that the current benefit and financing system is unsustainable. Indeed, its 2010 report notes that the Medicare “trust fund” will be exhausted five years sooner than previous estimates.

The passage of “Obamacare” has made this deplorable situation worse. This law does increase various Medicare taxes and includes some cost-containment features. However, as Medicare’s own actuary has pointed out, “Obamacare” uses the savings not to strengthen Medicare but to start another unfunded entitlement. The changes — a $500 billion cut in the program — do nothing to shore up the existing Medicare trust fund.

The $500 billion in cuts Donatelli is touting is not coming out of the current Medicare budget. Rather, the law slows the program’s growth by reducing spending over the next 10 years,” phasing out overpayments to private insurers in Medicare Advantage, eliminating waste, and lowering annual payment updates to encourage more efficient care.

As a result of these savings, reform improves the sustainability of Medicare — precisely what Donatelli is so concerned about! The latest Medicare trustees report concludes that if Congress had failed to pass the ACA, the Health Insurance Fund would have started to run out out of money in 2016. But because of the law, the trust fund won’t face a shortfall until 2024.

Zachary Bernstein

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North Carolina GOP Lawmaker Calls For Bringing Back Public Hangings, Starting With Abortion Providers

The last legal public hanging in America took place in 1936 in Owensboro, Kentucky. The “event” attracted 20,000 people and turned into such a sickening spectacle that many credit it with ending the practice in the U.S.

But one North Carolina Republican believes that as a country we’ve grown soft since banning public hangings and is calling for them to reinstated as a deterrent to crime. If Rep. Larry Pittman had his way, “abortionists, rapists, and kidnappers” would be first in line for the gallows:

Republican Rep. Larry Pittman, who was appointed to the District 82 House seat in October, expressed his views in an email sent Wednesday to every member of the General Assembly. [...]

“We need to make the death penalty a real deterrent again by actually carrying it out. Every appeal that can be made should have to be made at one time, not in a serial manner,” Pittman wrote in the email. “If murderers (and I would include abortionists, rapists, and kidnappers, as well) are actually executed, it will at least have the deterrent effect upon them. For my money, we should go back to public hangings, which would be more of a deterrent to others, as well.”

As ThinkProgress reported, last year Republicans in South Carolina, Nebraska, and Iowa pushed legislation that would essentially legalize the murder of abortion providers. Such radical sentiments have been echoed by prominent conservatives like Sen. Tom Coburn (R-OK), who said during his 2004 campaign, “I favor the death penalty for abortionists.”

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