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Health

Judges Threaten To Hold Governor In Contempt For Ignoring Prison Health Care Crisis

California Gov. Jerry Brown (D)

A panel of federal judges in California lambasted Gov. Jerry Brown (D) on Thursday, for attempting to end judicial oversight of inmate health care and refusing to reduce dangerous overcrowding in state prisons. The panel found his lack of action was unconstitutional and presented a public health risk — and could lead to Brown being found in contempt of court.

Under the ruling — which the Brown Administration will appeal — California will have to submit a plan outlining how it proposes to reach safe inmate population levels within 21 days. The decision expands on another judge’s ruling last week that court oversight of California prison health care should not end considering the state’s inability to provide inmates with appropriate mental health care due to overcrowding.

The U.S. Supreme Court ruled less than two years ago that California was failing to meet constitutional standards prohibiting cruel and unusual punishment due to rampant prison overcrowding and the resulting inadequate medical services. Brown and other California officials have argued that their efforts to address the issue have been sufficient, and that they should no longer be forced by courts to meet the population standards since the problem has basically been solved:

Deborah Hoffman, a spokeswoman for the California Department of Corrections and Rehabilitation, criticized the judges’ decision in a prepared statement.

“The truth of the matter is that California has invested more than a billion dollars to transform its prison health care system into one of the best in the country,” her statement said. “Our prisons now provide timely and effective health care to inmates that far exceeds what the Constitution requires.”

Currently, the prisons hold 119,542 inmates, or 149.5% of the number they were designed to hold, according to a report released this week by the corrections department.

The jurists…have ordered the state to reduce crowding to 137.5% of capacity. About 9,500 inmates would have to be removed to meet that goal.

Contrary to Hoffman’s and the Brown Administration’s rosy views on the state of California’s prison health system, the Golden State has a horrible record of providing sufficient services to prisoners. That’s particularly significant for the medically vulnerable prison population, which is comprised of a disproportionate number of minorities and low-income Americans — 37 percent of whom have chronic diseases, 65 to 80 percent of whom have struggled with substance abuse, and 13 percent of whom suffer from severe mental illness. With state cuts to mental health funding and California’s bursting prison population, prisons have also turned into de facto asylums, perpetuating cycles of mental illness and poverty in minority populations while enshrining stigma against ex-convicts and mental patients.

Health

Will The Obama Administration’s Efforts To Expand Medicaid In The States Lower Access To Care?

In a blow to Americans relying on Medicaid — the state-federal partnership public health insurance program that covers disabled and low-income Americans — the federal government on Tuesday reaffirmed to a California federal appellate court that, in the Obama Administration’s opinion, “states could cut Medicaid payments to many doctors and other health care providers to hold down costs in the program,” paving the way for massive state health care cuts that will further discourage doctors from treating low-income patients enrolled in the program.

Doctors, health care providers, and patient advocacy groups sued California in response to state health officials’ decision to cut already-low reimbursement rates for providers that treat patients on Medi-Cal — California’s Medicaid program — by an extra 10 percent. State leaders led by Gov. Jerry Brown (D) argue that the payment cuts are necessary for California’s fiscal security, especially as the state expands Medi-Cal to an addition 1.8 million Californians under Obamacare. But critics assert that the drastic payment cuts will make treating current and prospective Medi-Cal beneficiaries anathema to California care providers:

Medicaid is one of the fastest-growing items in state budgets. Cutting payment rates saves money for states and for the federal government, which will pay most of the costs for people who become eligible for Medicaid under the new law.

Health care providers said California’s payment rates were inadequate even before the cuts. They pointed to a federal study that said, “California stands out because of its very low Medicaid payment levels.”

In an interview, Dr. Paul R. Phinney, president of the California Medical Association, a plaintiff in one of the court cases, said: “Two-thirds of doctors in California cannot afford to participate in Medicaid because the rates are so low. The problem will only get worse if rates are cut as we move more and more people into Medicaid.”

The Administration’s endorsement of the Medicaid payment cuts underscores just how badly federal officials want states to take part in Obamacare’s Medicaid expansion. Formally blessing states’ abilities to “reasonably” lower their Medicaid physician payment rates is likely a concession aimed at luring reticent governors into accepting the expansion, since it will save both states and the federal government money. But while expanding Medicaid under Obamacare is crucial for the health and financial security for millions of low-income Americans, drastically lowering hospitals’ and physicians’ Medicaid reimbursements — which are already far less generous than Medicare reimbursements — is rife with risks.

Certainly, provider cuts are preferable to cutting special Medicaid benefits for the poor and disabled that are not available on lower-tier private insurance plans, especially in a state like California that has had its fair share of problems with providing adequate services to Medi-Cal beneficiaries. But California already has 6.8 million residents on Medi-Cal, including one in three Californian children and the majority of HIV-positive Californians. Payment cuts that discourage providers from treating these Medi-Cal beneficiaries will leave millions of Americans with few facilities to go to for their care, making them dependent on either free clinics, costly emergency room care, or forcing them to travel massive distances to find an accepting provider.

Reporting on a 2012 study finding that one in three American doctors won’t take new Medicaid patients, Wonkblog’s Sarah Kliff presciently wrote that that could spell trouble for states with historically low Medicaid reimbursement rates — such as California — that also wanted to expand Medicaid, since “fewer than 60 percent of providers accept new patients in the [Medi-Cal] program.” With Brown’s new Administration-endorsed payment cuts set to hit California’s safety net providers, that number has nowhere to go but down.

Health

California Introduces Bill To Expand Access To First-Trimester Abortions

As states across the country impose restrictions to limit women’s access to abortion, California lawmakers are taking the opposite route. On Wednesday, Democratic lawmakers introduced legislation to expand the availability of first-trimester abortions by allowing more medical professionals — such as nurses and midwives — to perform the procedure.

Assembly Bill 154 revives last year’s push to allow nurses to perform nonsurgical abortions. Gov. Jerry Brown (D) ended up signing a watered down version of that bill, which only allowed non-doctors to perform early abortions after going through training in a specific pilot program. The California’s Nurses Association opposed the initial version of last year’s bill because they wanted to see the results from a multi-year study on early abortion that researchers were conducting at the University of California-San Francisco — but since the results from that study were published last week, lawmakers say the political landscape is different now.

The six-year study led by UCSF found that first-trimester abortions are just as safe when they are performed by professional nurses, physician assistants, and midwives as when they are performed by doctors. In a press release about their results, the researchers explained that expanding the abortion procedure beyond doctors could ultimately help eliminate the economic and racial barriers that prevent some women in California from accessing early abortions:

Nationally, 92 percent of abortions take place in the first trimester but studies find that black, uninsured and low-income women continue to have less access to this care, according to the researchers.

In California, 13 percent of women using state Medicaid insurance obtain abortions after the first trimester. Because the average cost of a second trimester abortion is substantially higher than a first trimester procedure and abortion complications increase as the pregnancy advances, shifting the population distribution of abortions to earlier gestations may result in safer, less costly care, according to the research team.

“Increasing the types of health care professionals who can provide early aspiration abortion care is one way to reduce this health care disparity,” said lead author Tracy Weitz, PhD, MPA, a UCSF associate professor and director of Advancing New Standards in Reproductive Health at the UCSF Bixby Center for Global Reproductive Health. “Policy makers can now feel confident that expanding access to care in this way is evidence-based and will promote women’s health.”

In a press conference on the 40th anniversary of Roe v. Wade to unveil the bill, California lawmakers said they are committed to ensuring that women can access reproductive care no matter where they live in the state. According to the bill’s sponsors, 52 percent of California counties don’t have an abortion provider other than hospitals, which may have limited services. “California will not go back. We are going to go forward,” said state Sen. Hannah-Beth Jackson (D).

But other states across the country are going back, as women’s access to first-trimester abortions continues to be threatened. In states like Iowa, Texas, and Wisconsin, anti-choice lawmakers are imposing unnecessary barriers to early abortion — even though restrictions on first-trimester abortions simply lead to a rise in more costly later term abortion procedures.

Economy

After Raising Taxes, California Expects Budget Surplus In 2014

California Gov. Jerry Brown (D)

Since the Great Recession, California has epitomized the fiscal problems facing states. Its economy was ravaged by the housing crisis, and its budget gaps swelled into the tens of billions of dollars. Even before the recession, the state often struggled to balance its budget, hamstrung by legislative rules that made it nearly impossible to increase taxes.

Gov. Jerry Brown (D) took tax increases to the voting public in November, though, and voters approved multiple tax increases for 2013. After years of spending cuts and with billions of dollars in new tax revenue coming in, Brown now expects the state to have a budget surplus this year. The expected $851-million surplus would be just the second for the state in the last decade, the Los Angeles Times reports:

After years of red ink, Gov. Jerry Brown said on Thursday that California’s $96.7-billion general fund is now poised to end next year with a surplus, thanks to years of deep budget cuts and billions in new taxes approved by voters last year.

We achieved the position we’re in because of tough cuts … and then the people voted for taxes,” he said. “We broke the logjam by going to the people.”

Proposition 30, the tax increase on the wealthiest Californians voters approved in November, is expected to raise $8.5 billion in revenue, bringing balance to the billions in spending cuts Brown had already approved to close California’s budget gap. The tax increases and the budget surplus will especially benefit California’s school system, which will receive a $2.7-billion budget increase in 2013 and more than $10 billion in increases by 2016. Medi-Cal, the state’s health care system, will also receive increases aimed at implementing Obamacare.

In Washington, President Obama has pushed for a similar balanced approach to deficit reduction. Thus far, 75 percent of the $2.4 trillion in deficit reduction that has been enacted since 2011 has come from spending cuts, and Republicans are refusing to consider further tax increases in future deficit reduction packages. Without tax increases in future deals, the ratio of spending cuts to tax increases could reach as high as five-to-one, according to the Center on Budget and Policy Priorities. But if California is any evidence, combining tax increases and spending cuts can bring balance to the budget while also allowing lawmakers to avoid cuts to education, health care, and other important programs.

Justice

California Governor Signs Bill Allowing Driver’s Licenses For Some Undocumented Immigrants

On Sunday, Gov. Jerry Brown (D-CA) signed a bill into law that will allow young undocumented immigrants to apply for driver’s licenses if they qualify for deferred action under an Obama Administration directive to protect DREAMers. About 400,000 undocumented immigrants are expected to be eligible for licenses in California as a result. Assembly member Gilbert Cedillo (D), who had spent a decade pushing for the bill, said the law will enhance public safety:

“It is a victory for those who were brought here through no choice of their own, played by the rules, and are only asking to be included in and contribute to American society,” Cedillo said in a statement.

He said California is the first state to grant drivers’ licenses to the group singled out under the Obama administration’s policy. Cedillo praised Brown for choosing “public safety over politics” by signing the bill.

“President Obama has recognized the unique status of these students, and making them eligible to apply for driver’s licenses is an obvious next step,” Brown spokesman Gil Duran said.

But on the same day Brown signed the licenses bill, he vetoed the California TRUST Act, an “anti-Arizona” bill that would have protected undocumented immigrants from deportation simply for minor infractions. The bill pushed back against Secure Communities by preventing local law enforcement officials from referring a detainee to ICE unless the person detained has been convicted of a violent or serious felony, but Brown said the bill was “fatally flawed” because the list of crimes was too narrow. The Democratic governor promised to work with the law’s supporters to fix the bill’s wording.

LGBT

California Governor Signs LGBT Bills For Fertility Treatment, Foster Parents, Ex-Gay Therapy

California Gov. Jerry Brown signed numerous bills into law this weekend that will create new protections for LGBT people and their families. Though Proposition 8 held back LGBT equality for the state, these new laws are raising the bar for ensuring an equal opportunity in society for same-sex couples and LGBT youth.

Fertility Services For Same-Sex Couples

California Assembly Bill 2356 ensures that all women, including single women and women in same-sex relationships, have the same access to fertility services. Previously, any woman who sought fertility services with a donor that was not their male partner had to endure time-consuming and costly repeat testing that lowered their chances of conceiving. Now, all intended parents can obtain safe and effective treatment.

LGBT-Sensitivity Training For Foster Parents

California Assembly Bill 1856 requires that anyone seeking to become a foster parent must undergo “instruction on cultural competency and sensitivity relating to, and best practices for, providing adequate care” to LGBT youth. Conservatives have complained that the training is a “burden” that will “drive Christian couples away” from becoming foster parents. Given the frightfully high rates of LGBT youth homelessness that are driven by family rejection, minimizing the likelihood that any young person should have to experience such rejection is a vitally important protection.

Ban On Ex-Gay Therapy For Minors

Perhaps the most groundbreaking bill Brown signed into law was Senate Bill 1172, limiting licensed therapists from offering ex-gay therapy to minors. Unfortunately, the bill was watered down significantly since its original introduction. Among the cuts was a provision that would have required that patients of any age who pursue ex-gay therapy have to sign an informed consent acknowledging its lack of scientific merit and potential harm. The original legislation also required ex-gay therapists to provide reporting about the therapy they offer so that the state could issue an annual report about the risks and limited potential of the junk science.

Another unfortunate caveat is that the state can only regulate the treatment offered by licensed or credentialed professionals, and thus any religious leader, minister, or counselor not regulated by a professional organization can continue to provide ex-gay therapy unregulated. Nevertheless, the bill represents a groundbreaking set of protections for LGBT youth, and hopefully its enforcement will serve to educate parents who want their children to endure such treatment but cannot find it from any credentialed therapist or physician. Other states, like New Jersey, are already considering adapting similar legislation based on this California model.

Multiple Parent Recognition

Unfortunately, Brown did veto one bill that would have created new protections for the additional parents who might be part of a child’s life because of a same-sex relationship. Senate Bill 1476 would have allowed judges to recognize more than two parents per child to accommodate the unique family structures that result from adoption, surrogacy, and remarriages. These would not have been issued at random, but could be determined on a case-by-case basis to offer the most protections and security to children. Brown said that he was concerned “the bill’s ambiguities may have unintended consequences,” asking for more time to “consider all of the implications of this change.”

Health

Governors For 7 Of The 10 Least-Insured Cities Have Refused To Expand Medicaid

Of the least-insured metropolitan areas in the United States, seven of the top ten fall in states where the Governor has refused to accept the expansion of the Medicaid program offered up under Obamacare.

Texas Gov. Rick Perry (R), Florida Gov. Rick Scott (R), and Georgia Gov. Nathan Deal (R) have all said expressly that their states will not allow the expansion to take effect — despite the fact that it would offer afforable health care to citizens up to 133 percent of the poverty line who are currently uninsured and who often rely on the emergency room for their only care, racking up costs for taxpayers. But their states have some of the highest level of uninsured people overall, and are host to the least-insured American cities:

The expansion of Medicaid is actually beneficial to the states that implement it. Aside from the obvious benefit of helping more Americans stay healthy, it is projected to save states money by cutting down on the public expenses of unexpected hospital visits by sick uninsured people. And support for the expansion is wide; doctors and hospital officials believe it will hugely benefit them by taking away the burden of sudden urgent care.

The Governor of Nevada, Brian Sandoval (R), has not yet committed to expanding the Medicaid program in his state. California Gov. Jerry Brown (D), on the other hand, has indicated his state will participate in the expansion.

NEWS FLASH

California Governor Signs Homeowners’ Bill Of Rights Into Law | California lawmakers earlier this month passed a series of foreclosure reforms known as the “Homeowners’ Bill of Rights” that are meant to protect borrowers from wrongful foreclosures. Gov. Jerry Brown (D) signed the legislation into law Wednesday, giving California homeowners “some of the nation’s strongest protections from foreclosure and aggressive bank practices.” Under the law, banks are prohibited from practices like robo-signing, which led to the approval of fraudulent documents, and dual-tracking, a predatory practice that sent borrowers into foreclosure even as they pursued loan modifications. The law also makes it easier for borrowers to deal with their banks and gives them the right to sue banks if the new laws are violated.

NEWS FLASH

Religious Leaders Endorse California Governor’s Plan To Raise Taxes On The Rich | A coalition of religious groups endorsed California Gov. Jerry Brown’s (D) proposal to raise taxes on the rich to help balance the state’s budget, the National Catholic Reporter reports. Brown’s plan, which raises taxes on Californians with incomes over $250,000, is aimed at helping avoid cuts to schools and education programs. About 200 religious leaders from the PICO National Network, based in Oakland, promised Brown that they would encourage their members to vote for the plan, which is expected to qualify for the state ballot. According to recent polls, more than 60 percent of California voters support the proposal.

Alyssa

‘Major Crimes’ Takes on California’s Deficit and Criminal Justice System

I’ve only ever been an occasional watcher of The Closer, but I thought the presentation of its spin-off, Major Crimes, did something very smart today: TNT said the show would, in part, be about how California’s fiscal crisis has affected its criminal justice system.

“We’re about to release 30,000 prisoners in the state of California because we can’t house them in a humane way,” said Executive Producer James Duff. “Last year in pursuit of the death penalty, the state of California spent $172 million.”

This, of course, is true—Gov. Jerry Brown’s budget is projected to bring the state’s deficit down to $9.2 billion, which is not small potatoes, and leaves the state with a long way to go. And that fiscal crunch and prison overcrowding are a tremendous problem that has a real impact on how people carry out their duties, whether it’s prison guards using different tactics on maintain control on unit, or the situations in which prosecutors are willing to cut deals and how they think about probation versus jail time. It’s intelligent to have a show acknowledge that, and to draw its drama from the ongoing structural problems of the state. It’s not exactly Tony Kushner’s East Coast Ode to Howard Jarvis, which is about the reasons California is broke and the tax-dodging mentality that crops up like an infectious disease. But it’s still a decision that reflects a sense of both time and place, that actually makes use of the fact that the show is happening in California instead of just being there because it’s easy.

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