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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]

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