The Justice Department today filed a lawsuit to protect the rights of patients to access emergency medical care guaranteed by federal law. The suit challenges Idaho Code § 18-622 (§ 18-622), which is set to go into effect on Aug. 25 and imposes a near-total ban on abortion.
The complaint seeks a declaratory judgment that § 18-622 conflicts with, and is preempted by, the Emergency Medical Treatment and Labor Act (EMTALA) in situations where an abortion is necessary stabilizing treatment for an emergency medical condition. The United States also seeks an order permanently enjoining the Idaho law to the extent it conflicts with EMTALA.
“On the day Roe and Casey were overturned, we promised that the Justice Department would work tirelessly to protect and advance reproductive freedom,” said Attorney General Merrick B. Garland. “That is what we are doing, and that is what we will continue to do. We will use every tool at our disposal to ensure that pregnant women get the emergency medical treatment to which they are entitled under federal law. And we will closely scrutinize state abortion laws to ensure that they comply with federal law.”
“Federal law is clear: patients have the right to stabilizing hospital emergency room care no matter where they live,” said Department of Health and Human Services Secretary Xavier Becerra. “Women should not have to be near death to get care. The Department of Health and Human Services will continue its work with the Department of Justice to enforce federal law protecting access to health care, including abortions.”
“One critical focus of the Reproductive Rights Task Force has been assessing the fast-changing landscape of state laws and evaluating potential legal responses to infringements on federal protections,” said Associate Attorney General Vanita Gupta. “Today’s lawsuit against the State of Idaho for its near-absolute abortion ban is the first public example of this work in action. We know that these are frightening and uncertain times for pregnant women and their providers, and the Justice Department, through the Task Force’s work, is committed to doing everything we can to ensure continued lawful access to reproductive services.”
EMTALA requires hospitals that receive federal Medicare funds to provide necessary stabilizing treatment to patients who arrive at their emergency departments while experiencing a medical emergency. When a physician reasonably determines that the necessary stabilizing treatment is an abortion, state law cannot prohibit the provision of that care. The statute defines necessary stabilizing treatment to include all treatment needed to ensure that a patient will not have her health placed in serious jeopardy, have her bodily functions seriously impaired, or suffer serious dysfunction of any bodily organ or part.
As explained in the complaint, once § 18-622 enters into effect in Idaho, a prosecutor can indict, arrest and prosecute a physician merely by showing that an abortion has been performed, without regard to the circumstances. A physician who provides an abortion in Idaho can ultimately avoid criminal liability only by establishing as an affirmative defense that “the abortion was necessary to prevent the death of the pregnant woman” or that, before performing the abortion, the pregnant patient (or, in some circumstances, their parent or guardian) reported an “act of rape or incest” against the patient to a specified agency and provided a copy of the report to the physician. The law provides no defense for an abortion necessary to protect the health of the pregnant patient.
Idaho’s criminal prohibition of all abortions, subject only to the statute’s two limited affirmative defenses, directly conflicts with EMTALA and stands as an obstacle to the accomplishment of EMTALA’s federal objectives of providing stabilizing care and treatment to anyone who needs it. The Justice Department is committed to protecting access to reproductive services. Following the Supreme Court’s decision in Dobbs, the Justice Department established the Reproductive Rights Task Force, chaired by Associate Attorney General Gupta. The Task Force is charged with protecting access to reproductive freedom under federal law. For additional information on the work of the Task Force visit www.justice.gov/reproductive-rights.
Justice Department Announces Reproductive Rights Task Force
The Task Force Formalizes the Department’s Ongoing Work to Protect Reproductive Freedom Under Federal Law
The Justice Department announced today the establishment of the Reproductive Rights Task Force. The Task Force formalizes an existing working group and efforts by the Department over the last several months to identify ways to protect access to reproductive health care in anticipation of the possibility of the Supreme Court overturning Roe v. Wade and Planned Parenthood v. Casey. Associate Attorney General Vanita Gupta will chair the Task Force, which will consist of representatives from the Department’s Civil Division, Civil Rights Division, U.S. Attorney community, Office of the Solicitor General, Office for Access to Justice, Office of Legal Counsel, Office of Legal Policy, Office of Legislative Affairs, Office of the Associate Attorney General, Office of the Deputy Attorney General and Office of the Attorney General and will be supported by dedicated staff.
“As Attorney General Garland has said, the Supreme Court’s Dobbs decision is a devastating blow to reproductive freedom in the United States,” said Associate Attorney General Gupta. “The Court abandoned 50 years of precedent and took away the constitutional right to abortion, preventing women all over the country from being able to make critical decisions about our bodies, our health, and our futures. The Justice Department is committed to protecting access to reproductive services.”
The Task Force will monitor and evaluate all state and local legislation and enforcement actions that threaten to:
Infringe on federal legal protections relating to the provision or pursuit of reproductive care;
Impair women’s ability to seek reproductive care in states where it is legal;
Impair individuals’ ability to inform and counsel each other about the reproductive care that is available in other states;
Ban Mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy; or
Impose criminal or civil liability on federal employees who provide reproductive health services in a manner authorized by federal law.
The Task Force will identify such actions and coordinate appropriate federal government responses, including proactive and defensive legal action where appropriate. The Task Force will work with agencies across the federal government to support their work on issues relating to reproductive rights and access to reproductive healthcare.
The Justice Department is working with external stakeholders such as reproductive services providers, advocates and state attorneys general. The Task Force will continue this important effort. It will also work with the Office of Counsel to the President to convene a meeting of private pro bono attorneys, bar associations and public interest organizations in order to encourage lawyers to represent and assist patients, providers and third parties lawfully seeking reproductive health services throughout the country. In order to assist attorneys working to protect access to comprehensive reproductive health services, the Task Force will centralize online legal resources, such as filed Justice Department legal briefs and information about the Freedom of Access to Clinic Entrances Act.
Recognizing that the best way to protect reproductive freedom is through congressional action, the Task Force will also coordinate providing technical assistance to Congress in connection with federal legislation to codify reproductive rights and ensure access to comprehensive reproductive services. It will also coordinate the provision of technical assistance concerning Federal constitutional protections to states seeking to afford legal protection to out-of-state patients and providers who offer legal reproductive healthcare.
HHS Issues Guidance to the Nation’s Retail Pharmacies Clarifying Their Obligations to Ensure Access to Comprehensive Reproductive Health Care Services
Today, following President Biden’s Executive Order on ensuring access to reproductive health care, the U.S. Department of Health and Human Services (HHS) is issuing guidance to roughly 60,000 U.S. retail pharmacies, reminding them of their obligations under federal civil rights laws. The guidance makes clear that as recipients of federal financial assistance, including Medicare and Medicaid payments, pharmacies are prohibited under law from discriminating based on race, color, national origin, sex, age, and disability in their programs and activities. This includes supplying prescribed medications; making determinations regarding the suitability of prescribed medications for a patient; and advising a patient about prescribed medications and how to take them. The action is the latest step in the HHS’ response to protect reproductive health care.
“We are committed to ensuring that everyone can access health care, free of discrimination,” said Secretary Becerra. “This includes access to prescription medications for reproductive health and other types of care.”
Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, recipients of federal financial assistance cannot exclude an individual from participation in, denying them the benefits of, or otherwise subjecting them to discrimination based on sex and other bases (i.e., race, color, national origin, age, and disability) in their programs and activities. Under federal civil rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, potential or intended pregnancy, and medical conditions related to pregnancy or childbirth.
HHS is committed to ensuring that people can access reproductive health care, free from discrimination. If you believe that your or another person’s civil rights have been violated, you can file a complaint with HHS at: https://www.hhs.gov/ocr/complaints/index.html.
Below are a list of actions HHS has taken in the days following the Supreme Court’s ruling to ensure access to reproductive health care:
Convened a meeting with health insurers, and sent them a letter, calling on the industry to commit to meeting their obligations to provide coverage for contraceptive services at no cost as required by the Affordable Care Act;
Issued guidance to patients and providers that addresses the extent to which federal law and regulations protect individuals’ private medical information when it comes to seeking abortion and other forms of reproductive health care, as well as when it comes to using health information apps on smartphones;
Announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers;
Met with Michigan Governor Gretchen Whitmer, Oregon Governor Kate Brown, and Maine Governor Janet Mills and state attorneys general to discuss state-specific concerns;
Issued guidance on the Emergency Medical Treatment and Active Labor Act (EMTALA) reaffirming that it protects providers when offering legally-mandated, life- or health-saving abortion services in emergency situations.
President Joe Biden delivered a speech on July 8 on actions he is taking to protect access to reproductive health care services in light of the Supreme Court overturning the constitutional protections afforded by Roe v. Wade and multiple states immediately implementing bans on abortion rights, in most cases even in the case of rape, incest or the life of the mother. But the President noted that there is only so much he could do by Executive Order or that his administration can do, and exhorted women to take action at the ballot box, elect representatives to local, state and federal office who will protect their personal freedom, liberty and autonomy. Here is a highlighted transcript of his remarks: — Karen Rubin/news-photos-features.com
Now, with the Vice President, Secretary Becerra, and Deputy Attorney General Monaco, I want to talk about an executive order I’m signing to protect reproductive rights of women in the aftermath of the Supreme Court’s terrible, extreme, and, I think, so totally wrongheaded decision to overturn Roe v. Wade.
[It] both formalized actions I announced right after the decision, as well as adding new measures today.
Let’s be clear about something from the very start. This was not a decision driven by the Constitution. Let me say it again: This was not a decision driven by the Constitution. And despite what those justices in the majority said, this was not a decision driven by history.
You’ve all probably had a chance to the read the decision and the dissent.
The majority rattles off laws from the 19th century to support the idea that Roe was historic- — was a historical anomaly because states outlawed abortion in the 1880s, toward the end. But that’s just wrong.
The truth is today’s Supreme Court majority that is playing fast and loose with the facts. Even 150 years ago, the common law and many state laws did not criminalize abortion early in pregnancy, which is very similar to the viability line drawn by Roe.
But the Dobbs majority ignores that fact. And the Dobbs majority ignores that many laws were enacted to protect women at the time when they were dying from unsafe abortions.
This is the horrific reality that Roe sought to end. The practice of medicine should not — emphasize — should not be frozen in the 19th century.
So, what happened?
The dissenting opinion says it as clear as you can possibly say it. And here’s the quote: “Neither law nor facts nor attitudes have provided any new reason to reach a different result than Roe and Casey did.” And that’s has changed — excuse me — and “All that has changed is this Court.” End of quote. “All that has changed is this Court.”
That wasn’t about the Constitution or the law.
It was about a deep, long-seething antipathy towards Roe and the broader right to privacy. As the justices wrote in their dissent, and I quote, “The majority has overruled Roe and Casey for one and only one reason: because it has always despised them, and now it has the votes to discard them.” End of quote.
So, what we’re witnessing wasn’t a constitutional judgment. It was an exercise in raw political power. On the day the Dobbs decision came down, I immediately announced what I would do.
But I also made it clear, based on the reasoning of the Court, there is no constitutional right to choose. Only the way — the only way to fulfill and restore that right for women in this country is by voting, by exercising the power at the ballot box.
Let me explain. We need two additional pro-choice senators and a pro-choice House to codify Roe as federal law. Your vote can make that a reality.
I know it’s frustrating and it made a lot of people very angry. But the truth is this — and it’s not just me saying it; it’s what the Court said: When you read the decision, the Court has made clear it will not protect the rights of women. Period. Period.
After having made the decision based on a reading of a document that was frozen in time in the 1860s, when women didn’t even have the right to vote, the Court now — now — practically dares the women of America to go to the ballot box and restore the very rights they’ve just taken away.
One of the most extraordinary parts of the decision, in my view, is the majority writes, and I quote, “Women…” — it’s a quote now, from the majority — “Women are not without electoral or political power. It is noteworthy that the percentage of women who registered to vote and cast a ballot is consistently higher than the percentage of the men who do so.” End of quote…
That’s another way of saying that you, the women of America, can determine the outcome of this issue.
I don’t think the Court or, for that matter, the Republicans who for decades have pushed their extreme agenda have a clue about the power of American women. But they’re about to find out, in my view.
It’s my hope and strong belief that women will, in fact, turn out in record numbers to reclaim the rights that have taken from them by the Court.
And let me be clear: While I wish it had not come to this, this is the fastest route available. I’m just stating a basic, fundamental notion.
The fastest way to restore Roe is to pass a national law codifying Roe, which I will sign immediately upon its passage at my desk.
And we can’t wait. Extreme Republican governors, extreme Republican state legislatures, and Republican extremists in the Congress overall — all of them have not only fought to take away the right — our rights — but they’re now determined to go as far as they can.
Now the most extreme Republican governors and state legislatures have taken the Court’s decision as a green light to impose some of the harshest and most restrictive laws seen in this country in a long time. These are the laws that not only put women’s lives at risk, these are the laws that will cost lives.
What we’re witnessing is a giant step backwards in much of our country. Already, the bans are in effect in 13 states. Twelve additional states are likely to ban choice in the coming weeks. And in a number of these states, the laws are so extreme they have raised the threat of criminal penalties for doctors and healthcare providers. They’re so extreme that many don’t allow for exceptions, even for rape or incest. Let me say that again: Some of the states don’t allow for exceptions for rape or incest.
This isn’t some imagined horror. It’s already happening. Just last week, it was reported that a 10-year-old girl was a rape victim in Ohio — 10 years old — and she was forced to have to travel out of the state, to Indiana, to seek to terminate the [pregnancy] and maybe save her life. That’s — the last part is my judgment. Ten years old. Ten years old. Raped, six weeks pregnant. Already traumatized. Was forced to travel to another state. Imagine being that little girl. Just — I’m serious — just imagine being that little girl. Ten years old.
Does anyone believe that it’s the highest majority view that that should not be able to be dealt with, or in any other state in the nation? A 10-year-old girl should be forced to give birth to a rapist’s child? I can tell you what: I don’t. I can’t think of anything as much more extreme.
The Court’s decision has also been received by Republicans in Congress as a green light to go further and pass a national ban. A national ban. Remember what they’re saying. They’re saying there’s no right to privacy, so therefore it’s not protected by the Constitution, so leave it up to the state and the Congress, what they want to do.
And now my Republican friends are talking about getting the Congress to pass a national ban. The extreme positions that they’re taking in some of these states. That will mean the right to choose will be illegal nationwide if, in fact, they succeed. Let me tell you something: As long as I’m President, it won’t happen, because I’ll veto it.
So the choice is clear. If you want to change the circumstances for women and even little girls in this country, please go out and vote. When tens of millions of women vote this year, they won’t be alone. Millions and millions of men will be taking up the fight alongside them to restore the right to choose and the broader right to privacy in this nation, which they denied existed. And the challenge from the Court to the American women and men — this is a nation. The challenge is: Go out and vote. Well, for God’s sake, there’s an election in November. Vote, vote, vote, vote. Consider the challenge accepted, Court.
But in the meantime, I’m signing this important executive order. I’m asking the Justice Department that, much like they did in the Civil Rights era, to do something — do everything in their power to protect these women seeking to invoke their right:
In states where clinics are still open, to protect them from intimidation.
To protect the right of women to travel from a state that prohibits seeking the medical attention that she needs to a state to provide that care.
To protect a woman’s right to the FDA-approved — Federal Drug Administration-approved medication that’s been available for over 20 years.
The executive order provides safeguards to access care. A patient comes into the emergency room in any state in the union. She’s expressing and experiencing a life-threatening miscarriage, but the doctor is going to be so concerned about being criminalized for treating her, they delay treatment to call the hospital lawyer who is concerned the hospital will be penalized if a doctor provides the lifesaving care. It’s outrageous. I don’t care what your position is. It’s outrageous, and it’s dangerous.
That’s why this executive order directs the Department of Health and Human Services — HHS — to ensure all patients, including pregnant women and girls experience pregnant — experiencing pregnancy loss get emergency care they need under federal law, and that doctors have clear guidance on their own responsibilities and protections no matter what the state — no matter what state they’re in.
The executive order protects access to contraception — that I’m about to sign.
Justice Thomas himself said that under the reasoning of this decision — this is what Justice Thomas said in his concurring opinion — that the Court “should reconsider the constitutional right to contraception — to use contraception even among married couples.
What century are they in? There used to be a case called –[Griswold v. Connecticut], which was declared unconstitutional in the late ‘60s. It said a married couple in the privacy of their bedroom could not decide to use contraception.
Right now, in all 50 states and the District of Columbia, the Affordable Care Act guarantees insurance coverage for women’s health services, including — including free birth control. The executive order directs HHS to identify ways to expand access to reproductive health services, like IUDs, birth control pills, emergency contraception.
And equally important, this executive order protects patient privacy and access to information, which looking at the press assembled before me, probably know more about it than I do. I’m not a tech guy. I’m learning.
But right now, when you use a search engine or the app on your phone, companies collect your data, they sell it to other companies, and they even share it with law enforcement. There’s an increasing concern that extremist governors and others will try to get that data off of your phone, which is out there in the ether, to find what you’re seeking, where you’re going, and what you’re doing with regard to your healthcare.
Talk about no privacy — no privacy in the Constitution. There’s no privacy, period.
This executive order asks the FTC to crack down on data brokers that sell private information to extreme groups or, in my view, sell private information to anybody.
It provides private health information — it protects private health information in states with extreme laws.
And the executive order strengthens coordination at a federal level. It establishes a task force, led by the White House Department — and the Department of Human Services, focused specifically on using every federal tool available to protect access to reproductive healthcare.
You know, let me close with this: The Court and its allies are committed to moving America backward with fewer rights, less autonomy, and politicians invading the most personal of decisions. Remember the reasoning of this decision has an impact much beyond Roe and the right to privacy generally.
Marriage equality, contraception, and so much more is at risk. This decision affects everyone — unrelated to choice — beyond choice. We cannot allow an out-of-control Supreme Court, working in conjunction with the extremist elements of the Republican Party, to take away freedoms and our personal autonomy.
The choice we face as a nation is between the mainstream and the extreme, between moving forward and moving backwards, between allowing politicians to enter the most personal parts of our lives and protecting the right to privacy — yes, yes — embedded in our Constitution.
This is a choice. This is a moment — the moment — the moment to restore the rights that have been taken away from us and the moment to protect our nation from an extremist agenda that is antithetical to everything we believe as Americans.
Now, I’m going to sign this executive order.
The executive order is “Protecting Access to Reproductive Health Care Services.”
Immediately following the extremist majority Supreme Court’s decision overturning Roe v. Wade, President Joe Biden declared he would use whatever levers were available to him as President, but much was up to Congress and, because of the decision, state legislatures. “My administration will use all of its appropriate lawful powers,” President Biden said. “But Congress must act. And with your vote, you can act. You can have the final word. This is not over.” Today, President Biden is signing an Executive Order protecting access to reproductive health care services. Here is a fact sheet from the White House:
Two weeks ago, the Supreme Court issued a decision that overturned Roe v. Wade and eliminated a woman’s Constitutional right to choose. This decision expressly took away a right from the American people that it had recognized for nearly 50 years – a woman’s right to make her own reproductive health care decisions, free from government interference. Fundamental rights – to privacy, autonomy, freedom, and equality – have been denied to millions of women across the country, with grave implications for their health, lives, and wellbeing. This ruling will disproportionately affect women of color, low-income women, and rural women.
President Biden has made clear that the only way to secure a woman’s right to choose is for Congress to restore the protections of Roe as federal law. Until then, he has committed to doing everything in his power to defend reproductive rights and protect access to safe and legal abortion.
Today, President Biden signed an Executive Order Protecting Access to Reproductive Health Care Services. This Executive Order builds on the actions his Administration has already taken to defend reproductive rights by:
Safeguarding access to reproductive health care services, including abortion and contraception;
Protecting the privacy of patients and their access to accurate information;
Promoting the safety and security of patients, providers, and clinics; and
Coordinating the implementation of Federal efforts to protect reproductive rights and access to health care.
SAFEGUARDING ACCESS TO REPRODUCTIVE HEALTH CARE SERVICES
The President has directed the Secretary of Health and Human Services (HHS) to take the following actions and submit a report to him within 30 days on efforts to:
Protect Access to Medication Abortion. HHS will take additional action to protect and expand access to abortion care, including access to medication that the FDA approved as safe and effective over twenty years ago. These actions will build on the steps the Secretary of HHS has already taken at the President’s direction following the decision to ensure that medication abortion is as widely accessible as possible.
Ensure Emergency Medical Care. HHS will take steps to ensure all patients – including pregnant women and those experiencing pregnancy loss – have access to the full rights and protections for emergency medical care afforded under the law, including by considering updates to current guidance that clarify physician responsibilities and protections under the Emergency Medical Treatment and Labor Act (EMTALA).
Protect Access to Contraception. HHS will take additional actions to expand access to the full range of reproductive health services, including family planning services and providers, such as access to emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs). In all fifty states and the District of Columbia, the Affordable Care Act guarantees coverage of women’s preventive services, including free birth control and contraceptive counseling, for individuals and covered dependents. The Secretary of HHS has already directed the Centers for Medicare and Medicaid Services to take every legally available step to ensure patient access to family planning care and to protect family planning providers.
Launch Outreach and Public Education Efforts. HHS will increase outreach and public education efforts regarding access to reproductive health care services—including abortion—to ensure that Americans have access to reliable and accurate information about their rights and access to care.
Convene Volunteer Lawyers. The Attorney General and the White House Counsel will convene private pro bono attorneys, bar associations, and public interest organizations to encourage robust legal representation of patients, providers, and third parties lawfully seeking or offering reproductive health care services throughout the country. Such representation could include protecting the right to travel out of state to seek medical care. Immediately following the Supreme Court decision, the President announced his Administration’s position that Americans must remain free to travel safely to another state to seek the care they need, as the Attorney General made clear in his statement, and his commitment to fighting any attack by a state or local official who attempts to interfere with women exercising this right.
PROTECTING PATIENT PRIVACY AND ACCESS TO ACCURATE INFORMATION
The President’s Executive Order takes additional steps to protect patient privacy, including by addressing the transfer and sales of sensitive health-related data, combatting digital surveillance related to reproductive health care services, and protecting people seeking reproductive health care from inaccurate information, fraudulent schemes, or deceptive practices. The Executive Order will:
Protect Consumers from Privacy Violations and Fraudulent and Deceptive Practices. The President has asked the Chair of the Federal Trade Commission to consider taking steps to protect consumers’ privacy when seeking information about and provision of reproductive health care services. The President also has directed the Secretary of HHS, in consultation with the Attorney General and Chair of the FTC, to consider options to address deceptive or fraudulent practices, including online, and protect access to accurate information.
Protect Sensitive Health Information. HHS will consider additional actions, including under the Health Insurance Portability and Accountability Act (HIPAA), to better protect sensitive information related to reproductive health care. The Secretary of HHS has already directed the HHS Office for Civil Rights to take initial steps to ensure patient privacy and nondiscrimination of patients, as well as providers who provide reproductive health care, including by:
Issuing new guidance to address how the HIPAA Privacy Rule protects the privacy of individuals’ protected health information, including information related to reproductive health care. The guidance helps ensure doctors and other medical providers and health plans know that, with limited exceptions, they are not required – and in many cases, are not permitted – to disclose patients’ private information, including to law enforcement.
Issuing a how-to guide for consumers on steps they can take to make sure they’re protecting their personal data on mobile apps.
PROMOTING SAFETY AND SECURITY
The Executive Order addresses the heightened risk related to seeking and providing reproductive health care and will:
Protect Patients, Providers, and Clinics. The Administration will ensure the safety of patients, providers, and third parties, and to protect the security of other entities that are providing, dispensing, or delivering reproductive health care services. This charge includes efforts to protect mobile clinics, which have been deployed to borders to offer care for out-of-state patients.
COORDINATING IMPLEMENTATION EFFORTS
To ensure the Federal government takes a swift and coordinated approach to addressing reproductive rights and protecting access to reproductive health care, the President’s Executive Order will:
Establish an Interagency Task Force. The President has directed HHS and the White House Gender Policy Council to establish and lead an interagency Task Force on Reproductive Health Care Access, responsible for coordinating Federal interagency policymaking and program development. This Task Force will also include the Attorney General. In addition, the Attorney General will provide technical assistance to states affording legal protection to out-of-state patients as well as providers who offer legal reproductive health care.
EXECUTIVE ORDER BUILDS ON ADMINISTRATION’S ACTIONS TO PROTECT ACCESS TO REPRODUCTIVE HEALTH CARE
In addition to the actions announced today, the Biden-Harris Administration has taken the following steps to protect access to reproductive health care and defend reproductive rights in the wake of the Supreme Court decision in Dobbs. On the day of the decision, the President strongly denounced the decision as an affront to women’s fundamental rights and the right to choose In addition to action mentioned above, the Biden-Harris Administration is:
Supporting Providers and Clinics. The Secretary of HHS directed all HHS agencies to ensure that all HHS-funded providers and clinics have appropriate training and resources to handle family planning needs, and announced nearly $3 million in new funding to bolster training and technical assistance for the nationwide network of Title X family planning providers.
Promoting Access to Accurate Information. On the day of the Supreme Court’s decision, HHS launched ReproductiveRights.gov, which provides timely and accurate information about reproductive rights and access to reproductive health care. This includes know-your-rights information for patients and providers and promoting awareness of and access to family planning services, as well as guidance for how to file a patient privacy or nondiscrimination complaint with its Office for Civil Rights.
Providing Leave for Federal Workers Traveling for Medical Care. The Office of Personnel Management issued guidance affirming that paid sick leave can be taken to cover absences for travel to obtain reproductive health care.
Protecting Access to Reproductive Health Care Services for Service members, DoD Civilians, and Military Families. The Department of Defense (DoD) issued a memo to the Force, DoD civilians and military families on ensuring access to essential women’s health care services. The memo reiterates that the Department will continue to provide seamless access to reproductive healthcare for military and civilian patients, as permitted by federal law. Military providers will continue to fulfill their duty to care for Service members, military dependents and civilian personnel who require pregnancy termination in the cases of rape, incest, or to protect the life of the mother.
For up-to-date information on your right to access reproductive health care, visit www.reproductiverights.gov
The Biden-Harris Administration is committed to cutting the rates of maternal mortality and morbidity, reducing the disparities in maternal health outcomes, and improving the overall experience during and after pregnancy for people across the country. This commitment will require bold, unprecedented action through a whole-of-government strategy. in addition to urging Congressional action, the White House has mobilized over a dozen federal agencies to develop the White House Blueprint for Addressing the Maternal Health Crisis.
On June 24, the White House released the Biden-Harris Administration’s Blueprint for Addressing the Maternal Health Crisis, a whole-of-government approach to combatting maternal mortality and morbidity. Here is a fact sheet from the White House;
For far too many mothers, complications related to pregnancy, childbirth, and postpartum can lead to devastating health outcomes — including hundreds of deaths each year. This maternal health crisis is particularly devastating for Black women, Native women, and women in rural communities who all experience maternal mortality and morbidity at significantly higher rates than their white and urban counterparts.
Under President Biden and Vice President Harris’s leadership, this Administration is now taking the next step towards a future where the United States will be the best country in the world to have a baby. The Biden-Harris Administration is committed to cutting the rates of maternal mortality and morbidity, reducing the disparities in maternal health outcomes, and improving the overall experience during and after pregnancy for people across the country. This commitment will require bold, unprecedented action through a whole-of-government strategy.
To start, the Administration is calling on Congress to improve and expand coverage by closing the Medicaid coverage gap and requiring continuous Medicaid coverage for 12 months postpartum, as well as making the significant investments included in the President’s FY23 budget to reduce maternal morbidity and mortality.
The Administration also recognizes that addressing the maternal health crisis in the United States requires immediate action. That is why, in addition to urging Congressional action, the White House has mobilized over a dozen federal agencies to develop the White House Blueprint for Addressing the Maternal Health Crisis. The Blueprint outlines five priorities to improve maternal health and outcomes in the United States:
• Increasing access to and coverage of comprehensive high-quality maternal health services, including behavioral health services. • Ensuring women giving birth are heard and are decisionmakers in accountable systems of care. • Advancing data collection, standardization, harmonization, transparency, and research • Expanding and diversifying the perinatal workforce. • Strengthening economic and social supports for people before, during, and after pregnancy.
For women who are pregnant, postpartum, or hoping to become pregnant, the actions in the Blueprint mean:
• Extended Postpartum Coverage: States are encouraged to extend Medicaid coverage from two months to one year postpartum, so that women do not lose or have changes in their coverage during or soon after pregnancy. • Investments in Rural Maternal Care: Rural health care facilities will have more staff and capabilities to provide maternal care through increased funding from the expanding the Rural Maternity and Obstetrics Management Strategies Program and more robust training for rural health care providers. • A Maternal Mental Health Hotline: Providers will be trained on mental health during pregnancy, and women will have access to a national, confidential, 24-hour, toll-free hotline if they are experiencing mental health challenges. • Substance Use Services: Federal agencies will partner with community-based organizations to ensure that addiction services and people trained in substance use disorder during pregnancy are more available. • No More Surprise Bills: Through the No Surprises Act, women are now protected from certain unexpected medical bills, which may occur during pregnancy, postpartum care, and/or delivery. • Better Trained Providers: More providers will be trained on implicit biases as well as culturally and linguistically appropriate care, so that more women are listened to, respected, and empowered as a decisionmaker in their own care. • Improved Maternal Health Data: Through enhanced federal partnerships with state and local maternal health data collection entities, communities, hospitals, and researchers will have access to better data to they can analyze poor outcomes during pregnancy and make improvements to support healthy pregnancies. • A More Diverse Maternal Care Workforce: Federal agencies will invest more in hiring, training, and deploying more physicians, certified nurse midwives, doulas, and community health workers to support women during pregnancy, delivery, and postpartum. The federal government will work to ensure these providers come from diverse communities and backgrounds. • Better Access to Doulas and Midwives: The Administration will work with states to expand access to doulas and midwives, and encourage insurance companies to cover their services. • Expanded Social Services: Stronger partnerships between the Departments of Housing and Urban Development, Agriculture, and Health and Human Services will help make it easier to enroll in federal programs for housing, food, childcare, and income assistance, as we know health care is only one part of what makes for a healthy pregnancy. • Stronger Workplace Protections for Mothers: Federal agencies will promote greater awareness of workplace protections and accommodations for new parents, like access to a private lactation room and break time to pump.
The actions outlined in the Blueprint are just the latest in this Administration’s multi-year effort to combat maternal mortality and morbidity. Since taking office, the Biden-Harris Administration has taken significant steps to address the maternal health crisis in the United States, including:
• Extending Postpartum Medicaid Coverage. Through the American Rescue Plan, states now have an easier pathway to extend Medicaid coverage from two to twelve months postpartum. Currently, 14 states and the District of Columbia have availed themselves of this opportunity, extending coverage for more than 250,000 women. • Announcing the New “Birthing Friendly” Hospitals Initiative. During the December Call to Action, the Vice President announced that, through the Centers for Medicare & Medicaid Services, the Administration will be deploying a “Birthing Friendly” hospitals designation—the first federal hospital quality designation with a focus on maternal health. • Hosting the First-Ever Meeting of Cabinet Officials on Maternal Health. In April of this year, Vice President Harris hosted the first-ever meeting of Cabinet officials to discuss maternal health. This meeting brought together twelve agency leaders including leaders from the Departments of Health and Human Services, Defense, Veterans Affairs, Agriculture, and Housing and Urban Development to discuss ways that this Administration could deploy the resources of the federal government to tackle maternal mortality and morbidity. • Leading the White House’s First-Ever Maternal Health Day of Action. In December 2021, the Vice President issued a nationwide Call to Action for federal agencies, businesses, and non-profits to collaboratively solve the maternal health crisis. During that event, the Vice President announced that this Administration had secured millions of dollars in private sector commitments aimed at improving maternal health.
As we continue taking bold action to confront the maternal mortality and morbidity crisis, we will continue to listen to people who are pregnant and new mothers and ensure their feedback informs our approach to improve maternal health and strengthen our health care system. With the support of all parts of government and society, we can make this vision a reality.
Driven by President Biden’s comprehensive COVID-19 strategy, including a historic vaccination program that has gotten 220 million Americans fully vaccinated, over 100 million people a booster shot, and made vaccines free, widely available and convenient—daily COVID-19 deaths are down 90 percent since he took office.
COVID-19 vaccines remain the single-most important tool that we have to protect people against COVID-19 and its most serious outcomes. Next week, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) will consider whether to authorize and recommend the first COVID-19 vaccines for kids under the age of 5. If FDA authorizes and CDC recommends one or both of the COVID-19 vaccines for this age group, it would be a historic milestone in the nation’s fight against the virus—and would mean nearly every American is eligible for the protection that vaccination provides.
The Biden Administration announced an operational plan that will ensure that vaccines—now authorized by FDA and recommended by CDC—are readily available for our youngest kids and that we continue the critical work of ensuring that all families know the benefits of getting their children vaccinated against COVID-19.
The Administration’s vaccination program for America’s youngest children will focus on addressing the specific needs of this age group and their families—recognizing that many parents and guardians will choose to get their kids vaccinated through their pediatrician or primary care doctor. As always, state and local governments, health care providers, federal pharmacy partners, national and community-based organizations, and other entities will be critical to the success of this historic, nationwide effort. And, the Administration will continue to work with trusted messengers, including pediatricians, to make a concerted effort to ensure that all families have answers to their questions and know about the importance of getting their children vaccinated.
As the FDA and CDC conduct their independent review processes, the Biden Administration is planning for all scenarios, including for the first vaccinations to start as early as the week of June 20th—with the program ramping up over time as more doses are delivered and more appointments become available.
For months, the Administration has been working with a range of stakeholders to get ready. The Administration has made 10 million vaccine doses available for states, Tribes, territories, community health centers, federal pharmacy partners, and others to pre-order. If the FDA authorizes a vaccine, the Administration will immediately begin shipping doses across the country—and will launch an effort to ensure that parents can get their youngest children vaccinated easily. 85 percent of children under the age of five live within five miles of a potential vaccination site.
The Biden Administration’s plan includes:
Securing vaccine supply for our nation’s children. The Administration has procured a significant supply of vaccines for this age group, with 10 million doses available initially and millions more available in the coming weeks. To ensure that we are able to reach a broad range of pediatric providers—including those in smaller practices and in rural settings—vaccines will be available in package sizes of 100 doses and will come with all of the supplies that health care providers need to serve younger kids, including small needles.
Making vaccinations available in convenient places parents and families know and trust. Working with states, localities, Tribes and territories, the Administration will make vaccinations for our nation’s youngest children widely available at thousands of trusted, accessible sites across the country—with 85 percent of children under the age of five living within five miles of a potential vaccination site. Vaccinations will be available at pediatricians’ and other doctors’ offices, community health centers, rural health clinics, children’s hospitals, public health clinics, local pharmacies, and other community-based organizations. The Administration will also work with state and local public health departments and others to ensure that every child—including those who may not have a pediatrician or primary care provider—has access to the vaccine. And, the Administration will work with states and other entities to make vaccinations available at convenient hours for children, parents and their guardians—including after school and evenings, and on weekends.
Pediatricians and primary care providers: The Administration will make vaccinations available at thousands of pediatric and primary care sites across the country. Pediatricians continue to be one of the most trusted sources of information about COVID-19 for parents and will play a critical role in the nationwide effort to get our youngest children vaccinated—as they are the most common, trusted location for routine childhood vaccines. More than three in four children under the age of five receive their flu vaccine in a doctor’s office. Well-patient visits are also an opportunity for pediatric providers to conduct recommended screenings and provide counseling. The Administration is working hand-in-hand with states, localities, Tribes, and territories to prioritize these providers and ensure that they have the supply, resources, and support they need. The Administration will also continue to make vaccines available directly to health centers and rural health clinics, who together serve more than 2.2 million children under five nationwide.
Children’s hospitals and health systems: The Administration will make vaccinations available at more than 100 children’s hospitals and health systems nationwide. Children’s hospitals play an essential role in our efforts to ensure access for our nation’s highest-risk kids, including those with obesity, diabetes, asthma or immunosuppression. Through the Administration’s partnership with the Children’s Hospital Association, more than 120 children’s hospitals across 47 states and D.C. will provide pediatric vaccinations across their health care systems and in trusted community sites.
State and local public health clinics and sites: The Administration will build on its longstanding work with state and local health departments across the country to ensure that we are reaching those hardest-to-reach, including families who may not have regular access to a pediatrician, through public health clinics. The Administration will make available federal funding to support states as they stand up and operate these clinics, and will work hand-in-hand with states to maximize vaccination coverage and availability, particularly in the hardest-hit, highest-risk communities.
Local pharmacies: The Administration will make vaccinations for children available at thousands of local pharmacies nationwide through the federal pharmacy program. Participating pharmacies will offer vaccinations for this age group in a more limited set of locations, in many cases at clinics staffed by health care providers with primary care experience. And pharmacies will offer convenient hours and advanced scheduling to best meet the needs of parents and communities.
Leveraging federal programs to reach parents and families with information and advance equity. As with prior vaccination efforts, the Administration will leverage existing federal programs and capabilities to ensure that we are reaching parents and families with the information they need. And, as always, the Administration will remain laser-focused on equity and making sure that we reach those hardest-hit and most at-risk communities.
Women, Infants, and Children (WIC) Program: In addition to other U.S. Department of Agriculture (USDA) programs, the Administration will engage families through the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program, which serves over 6 million people, including almost half of all infants born in the United States. A longstanding partner to immunization programs, WIC settings across the country will be provided with tailored resources for talking to families about the COVID-19 vaccine and will continue providing families with referrals to vaccination providers, including those co-located with WIC settings.
Head Start Program: Through the Administration for Children and Families at the Department of Health and Human Services (HHS), the Administration will work with Head Start grantees to get critical vaccination information to the approximately 1 million families they serve. Head Start has always played a crucial role in improving health outcomes for families, and COVID-19 is no different. The Administration will support training and resources for grantees to learn about vaccines for kids under five and how grantees can talk to families about them, and it will ensure that any Head Start location is ready and able to provide vaccinations to its community gets the help it needs.
Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program: The Administration will engage families through HHS’ Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program, which each year reaches more than 140,000 parents and young children across the country that are at risk for poor maternal and child health outcomes. MIECHV home visitors will leverage these established relationships to help families learn more about COVID-19 and the safety, efficacy, and benefits of COVID-19 vaccines and, upon request, will refer families to local vaccination sites.
Department of Housing and Urban Development (HUD) programs: The Administration will launch an effort to reach more than 800,000 children age five and under supported by HUD programs, including children in households that receive housing-choice vouchers and children living in public housing and Section 8 housing. Building on successful campaigns with children in other age groups, these efforts will include education events and on-site vaccination clinics near HUD-supported housing where appropriate, in coordination with other vaccination locations in the community.
Medicaid and the Children’s Health Insurance Program (CHIP): The Center for Medicaid & Medicare Services (CMS) will take steps to support and push the message about the importance of vaccinating the millions of children under 5 who are enrolled in Medicaid and CHIP. This outreach will involve engaging states, local jurisdictions, and stakeholders to get the latest information on vaccines for this age group to Medicaid beneficiaries and their families. This effort builds on the work that CMS has already done to require state Medicaid programs to pay health care providers for providing counseling visits to parents and guardians about the importance of kids’ vaccination—giving families the support they need to engage with trusted community providers.
Supporting education and engagement efforts to build trust among parents and families. While many parents are eager to vaccinate their youngest children, others have questions. To ensure that parents and families have answers to their questions and information from sources that they trust, HHS will work with a broad range of national organizations to launch a national public education campaign that reaches parents, guardians, and families with facts and information that they need to make informed choices for both their youngest and their older children.
The HHS COVID-19 Community Corps will reach parents and families about vaccinations for kids under the age of five. Launched last April to empower people and organizations to build vaccine confidence in their communities, the Community Corps now has over 17,000 members, including health care, faith, rural, sports, and youth organizations. The ‘HHS We Can Do This’ campaign will provide a pediatric COVID-19 vaccination toolkit—in both English and Spanish—to trusted messengers, health care providers, and state and local organizations so they can reach people where they are in-person and online. HHS will also provide additional materials for stakeholders, including a superhero-themed toolkit with creative resources for hospitals and pediatricians. And, pending FDA authorization and CDC recommendation, the Administration also plans to release a new public service announcement (PSA) letting parents of children 6 months and older know that the new COVID-19 vaccines are available and offer one more way to keep their children safe. The PSA, filmed in both English and Spanish, will be distributed broadly to local television and radio networks, and would air in early July.
American Academy of Pediatrics (AAP) and American Academy of Family Physicians (AAFP), two leading medical, will provide a “Speaker’s Bureau” of pediatricians and family doctors who will lend their trusted voices to raise awareness, answer common questions among parents, and encourage vaccine confidence through community events, vaccine and health fairs, and other key opportunities to reach parents. AAP and AAFP will also work with HHS to co-brand a toolkit of resources geared toward pediatricians and primary care doctors, providing these and other health care providers the information and materials they need to support vaccine confidence among their patients and parents.
Association of Children’s Museums (ACM), a champion for children’s museums with more than 460 members in 50 states and 19 countries, will work with local member museums to: host vaccine pop-up clinics; provide in-person and virtual events including information sessions, community forums, and other events featuring museum leaders and medical experts to answer parent questions; display a museum exhibit providing educational information about vaccination in English and Spanish; and amplify digital and social content to reach families.
The National Diaper Bank Network, a nationwide organization with more than 200 member diaper bank programs that distributed over 68 million diapers last year, will distribute educational material to parents and caregivers through member diaper banks, packing fact sheets, postcards, and other materials in diaper boxes, sharing resources with local agency partners, and hosting virtual and in-person events with pediatricians and other trusted messengers.
The American Library Association (ALA) will provide resources to assist the nation’s 17,000 public libraries in providing trusted vaccine information to parents and guardians. ALA will conduct a national webinar for librarians and staff featuring a pediatrician from AAP and other trusted messengers to provide information to public librarians and staff on how they can support vaccine education and outreach, share resources through children’s programming, and host in-person events and vaccine pop-up clinics to promote vaccines in their communities. Public libraries have played an important role in the pandemic by equipping their communities with trusted information, supplies like masks and COVID-19 tests, and hosting pop-up vaccine clinics.
The National Parent Teacher Association (PTA) has been hosting dozens of vaccine pop-up clinics to reach parents, teachers, and school staff. The National PTA will continue to engage parents of school-aged children, as well as parents of younger children, by hosting a national symposium for local PTA leaders and affiliates featuring a pediatrician from AAP and other trusted messengers; hosting vaccine pop-up clinics in key geographic markets to reach parents of both school-aged and younger children; and hosting virtual events to reach parents and empower community leaders to act as trusted messengers and amplify vaccine information.
The National Association of Community Health Centers (NACHC), the leading association for community health centers, will provide culturally appropriate and evidence-based training to empower community health centers to act as trusted messengers with parents of school-aged and younger children and other patients in their communities. NACHC will also host virtual events, including webinars, trainings, and podcasts to aid in the dissemination of campaign materials and messaging about the importance of vaccinations for young children, and how community health workers can play a key role in reaching parents with trusted messaging.
Latino community-focused organizations, including the League of United Latin American Citizens (LULAC), the largest and oldest Hispanic serving organization in the US with over 1,000 LULAC Councils, will hold in-person and virtual educational events for parents and caregivers and will design and distribute bilingual, culturally relevant resources (printed and digital) to community members and partner organizations.
Black community-focused organizations, including the W. Montague Cobb Health Institute, a consortium of scholars working toward the elimination of racial and ethnic health disparities within the National Medical Association, will host “Stay Well Health Fairs and Vaccine Clinics,” an ongoing series of health fairs offering free vaccines, educational materials, health screenings, and pediatric roundtables featuring subject matter experts. The Women’s Missionary Society Foundation, with 800,000 members across the African Methodist Episcopal (AME) Church’s boundaries, will host “family fun day” vaccine events reaching Black families and will collaborate with AME Church daycares and pre-schools to share information and messaging about pediatric vaccines.
Asian American, Native Hawaiian and Pacific Islander community-focused organizations, including the Asian Community Development Council, The Progressive Vietnamese American Organization, Ethnic Minorities of Burma Advocacy and Resource Center, Chinese Community Center, Filipino Family Health Initiative, and Thai Community Development Center will: engage with local communities in Chinese, Korean, Vietnamese, Tagalog and other languages where possible through in-person engagement, phone banking, social media and written resources; reach families through WIC Market Match, which serves parents with small children who are on WIC; and host weekly vaccine clinics and vaccine education classes and events.
Native American community organizations, including Native Roots Radio, a leading radio station for Native Americans to discuss local, regional, and national Native American news and events will conduct virtual conversations including physicians, community advocates, and Tribal leadership speaking on the COVID-19 pandemic including vaccinations for children, boosters, mental health and long COVID; and the USDA Food Distribution Program on Indian Reservations in partnership with the Great Plains Tribal Leaders Health Board will distribute educational materials to food distribution centers to be packaged in food boxes promoting vaccinations that are regionally and culturally tailored to Native American audiences.
What to Expect, a platform of over 20 million moms, will author a blog series featuring doctors and other trusted experts answering questions about pediatric COVID-19 vaccines, and how moms, expecting moms, and all parents can get the information they need to get themselves and their children vaccinated; author new articles dispelling myths about the COVID-19 vaccine and children; and create and amplify new What to Expect social media content, reaching moms where they are and fighting vaccine misinformation across all platforms.
The Biden Administration is sounding the alarm for the urgent need for Congress to provide funding for the nation’s COVID-19 response and is underscoring the severe consequences of their inaction: Fewer vaccines, treatments, and tests for the American people, and fewer shots in arms around the world.
The White House laid out the consequences in a fact sheet:
Over the past 15 months, the Biden Administration has used the resources Congress provided to mobilize a comprehensive COVID-19 response. As a result, the United States has made tremendous progress in our fight against the virus—saving over 2 million American lives, safely reopening our schools, creating jobs at a record pace, returning to more normal routines, and averting $900 billion in health care costs.
The Biden Administration launchedCOVID.gov, a one-stop shop website to help all people in the United States gain even better access to lifesaving tools like vaccines, tests, treatments, and masks, as well as get the latest updates on COVID-19 in their area. The Administration has worked over the past 15 months to set up over 90,000 vaccination sites, make more than 400 million high-quality masks available for free, send free tests to peoples’ homes, and stand up new test-to-treat sites where people can get tested and receive life-saving antivirals all in one place. Now, with a click of a button, people will be able to find where to access all of these tools, as well as receive the latest CDC data on the level of COVID-19 in their community.
As part of COVID.gov, a new Test-to-Treat locator will help people access pharmacies and community health centers across the nation where people can get tested for COVID-19 and receive appropriate treatments if they need them.
President Biden also implemented a new effort across the federal government to develop and issue the first-ever interagency national research action plan on Long COVID. The effort will advance progress in prevention, diagnosis, treatment, and provision of services, supports, and interventions for individuals experiencing Long COVID and associated conditions.
In March, the President laid out a comprehensive National COVID-19 Preparedness Plan to keep America moving forward safely, by ensuring that lifesaving tools like vaccines and treatments remain free and widely available to Americans, by preparing for potential surges and new variants, and by getting more shots in arms around the world. Executing this plan remains essential to sustaining the progress we have made and saving more lives. There has been an uptick in cases in parts of the country and, while cases will continue to fluctuate, this virus has proven itself to be unpredictable. Without funding, the United States will be unprepared for whatever comes next.
COVID-19 isn’t waiting on Congress to negotiate. Other countries will not wait. Time is of the essence. Congress must act urgently to help save more American lives and ensure we remain prepared.
Congressional inaction on additional COVID-19 response funding means:
Fewer Vaccines for Americans:
The Administration cannot secure enough booster shots for every American, if they are needed in the fall. At this moment, the United States has enough supply to support one booster shot for Americans age 16 and over, and additional boosters for immunocompromised individuals and those age 50 and older. However, if additional booster shots are authorized and recommended for the general population, we will not have the supply necessary to provide free and easy access to them for all Americans. At this time last year, the Administration was contracting for future boosters that could ultimately be needed starting in September; this allowed us to make those booster shots free and widely available as soon as they were authorized. The Department of Health and Human Services (HHS) needs to begin contracting for boosters imminently so that the agency can conclude contractual negotiations as soon as May to ensure delivery of sufficient supply by September. Other countries are already placing orders for future needs and as a result, will get supply before it is available for Americans. Just yesterday, Pfizer submitted an application to the U.S. Food and Drug Administration (FDA) for Emergency Use Authorization for its booster for kids ages 5 to 11. If these boosters are authorized and recommended, we would not have enough supply for every child in that age group. Not having enough supply to support booster shots for everyone, if needed, puts American lives at risk, and is a completely avoidable outcome.
The Administration cannot secure new COVID-19 vaccines to protect against multiple variants for the American people. Vaccine manufacturers are working on developing vaccines that could offer broader and longer-lasting protection than our existing vaccines—and there is ongoing discussion among scientific and medical experts, including FDA’s panel of outside experts, about the potential need for vaccines with new formulations in the future to better protect us from variants. Just this month, Moderna released data on a new vaccine that could potentially offer better protection against multiple variants. The company also announced that it expects to release data on an Omicron-specific vaccine soon. This means that there could be more effective vaccines available as soon as this fall that can enhance the protection Americans receive from getting vaccinated. The United States should be securing these vaccines today, but without funding, the Administration cannot purchase doses for the American people or even ensure that America is in line for them. This could mean people in other countries have access to the best lifesaving vaccines before Americans. Vaccines have proven to be our single-most important tool in protecting people, and the best ones should be available for the American people.
Fewer Treatments for Americans:
The Administration cannot restock the nation’s supply of lifesaving treatments. To date, the Administration has distributed over 9.6 million courses of treatment across the country, working with states and territories, Tribes, pharmacies, federal health centers, and other partners to provide them to Americans for free. Due to a lack of funding, we have already missed the opportunity to purchase additional supply of these lifesaving treatments. To stretch our supply as much as possible, last month, the Administration was forced to cut the number of monoclonal antibody treatments distributed to states by over 30 percent. Ensuring these treatments remain free, widely available, and easy to access for people who need them is crucial to our nation moving forward safely.
The Administration cannot invest in promising treatments or secure newer, even better treatments for the American people. The federal government will not be able to invest in next-generation treatments that have the potential to provide broader protection against future variants or to treat people who may not be able to take full advantage of current treatments. Several candidates may be promising, and the United States will lose an opportunity to secure its spot in line and to support ramped-up manufacturing capacity of these treatments if we do not have funding to secure supply prior to a potential authorization or approval. Given COVID-19’s potential to mutate, it is also prudent to support and secure a range of effective treatments that attack the virus in different ways to guard against future variants.
The Administration will have to scale back purchases of treatments that protect immunocompromised Americans. The Administration has secured more than 1 million courses of Evusheld, a preventive therapy for immunocompromised people. Due to lack of funding, we have had to substantially scale back our plans to purchase additional supply. This therapy takes months to produce, and at this point, we are at risk of missing out on supply that will be delivered in the last few months of 2022. Congressional inaction will put immunocompromised individuals at greater risk as we enter this fall.
Fewer Tests for Americans:
The Administration cannot sustain domestic testing manufacturing capacity and will be unprepared for another surge in testing demand. Omicron drove unprecedented demand for COVID-19 testing around the world. As cases have fallen dramatically, so has demand for testing. Demand will continue to decrease over time, and as a result, domestic manufacturers will start ramping down production across the next several weeks and months. Federal investments are a crucial way to preserve the domestic testing manufacturing capacity we have built over the last 15 months. Without these investments, it will take manufacturers months to ramp back up to rebuild capacity, so failure to invest now will leave us with insufficient testing capacity and supply if we see another surge in cases and demand for testing increases once again. This would mean empty store shelves, long lines at testing sites, and slower results which will have life-or-death consequences for people who need to take lifesaving treatments within days of becoming symptomatic. That should not be allowed to happen.
Fewer Shots in Arms Around the World:
The United States cannot supercharge our effort to get more shots in arms, putting us at greater risk for more variants that may prove to be even more dangerous than the ones we have faced to date. The U.S. has now delivered over half a billion adult vaccines to 114 countries. Countries need funding and assistance to turn vaccines into vaccinations. Without additional funding for our global response, we will not have resources to help get more shots in arms in countries in need—which is one of the best ways we can prevent future variants. We will also lack funding to provide oxygen and other lifesaving supplies, and our global genomic sequencing capabilities will fall off—undermining our ability to detect any emerging variants around the world.
“The reason we’ve been so successful in the past is because I was able to work with drug manufacturers, but without funding, we cannot pre-order,” President Biden stated. “We’re running out of supplies for therapeutics – antiviral pills – we desperately need. … We’ve donated more vaccinations to the world than all nations combined…. Without additional funding, we won’t be able to continue to supply. … No delays, no excuses, just action now.”
A new study out today from the Commonwealth Fund shows that President Biden’s relentless efforts to get Americans vaccinated saved millions of American lives. Our vaccination campaign saved 2.2 million American lives, prevented 17 million hospitalizations, prevented 66 million COVID-19 cases, and avoided $900 billion in health care costs.
This is the result of the Biden Administration’s efforts to use every tool to make vaccinations easy and convenient for every American, Congress providing us the vital resources we needed, and the American people stepping up and doing their part.
We mounted a historic vaccination effort and invested in tests and treatments – empowering Americans with more tools than ever before to protect themselves. Together, we’ve spared millions of families the immeasurable loss that too many others have suffered, and turned unthinkable pain into extraordinary purpose and progress.
Unfortunately, Republicans in Congress are now holding up critical funding we need to make even more progress – to save even more lives. Make no mistake: Inaction will leave our nation less prepared for any future surges and variants. It will mean fewer vaccines, treatments, and tests for the American people. This is deeply disappointing – and it should be unacceptable to every American. We’ve worked too hard and come too far to leave ourselves and our economy vulnerable to an unpredictable virus. The virus is not waiting on Congress to negotiate. Congress must act with urgency.
As President Biden just took action to expand access to the Affordable Care Act – amid calls by Republicans once again to repeal it if they regain control of Congress – it is important to keep in mind that 75 million Americans have contracted COVID-19, and millions of them are experiencing the effects of Long- OVID, and thus have pre-existing conditions. Obamacare, as the Affordable Care Act is known, protects people with pre-existing conditions as well as ends lifetime caps on coverage and keeps children on their parents’ insurance until the age of 26. There were 100 million Americans with pre-existing conditions before the coronavirus.
Biden has said that health care is a right, not a privilege, and has taken several actions – besides expanding access (some 30 million now take advantage of affordable Obamacare) – to improve health care. That includes mounting the massive vaccination program that has saved millions of lives, testing and new treatments; he is trying to reduce the cost of prescription drugs, particularly insulin (from $4000 month to $35/month), and launched a $5 billion research program to address some of the worst killers including cancer and Alzheimer’s. Now the Biden Administration is accelerating the whole-of-government effort to prevent, detect and treat Long COVID. Here’s a fact sheet from the White House–Karen Rubin/news-photos-features.com
The U.S. has made tremendous progress in our fight against COVID-19. Today, Americans have the tools they need to protect against and treat the virus. At the same time, millions of individuals continue to experience prolonged illness from COVID-19, known as “Long COVID.” Many report debilitating, lasting symptoms that can persist long after the acute COVID-19 infection has resolved, and can manifest in anyone who has had COVID-19. These symptoms often look like those associated with other chronic medical conditions.
The Administration has mobilized to advance our nation’s understanding of Long COVID and its associated conditions, promote high-quality care for patients, and help individuals access supportive services—especially for those from communities disproportionately affected by the pandemic. The President’s National COVID-19 Preparedness Plan makes clear that we are committed to accelerating these efforts, with additional support and resources from Congress.
President Biden issued a Presidential Memorandum directing the Secretary of Health and Human Services (HHS) to coordinate a new effort across the federal government to develop and issue the first-ever interagency national research action plan on Long COVID. The effort will advance progress in prevention, diagnosis, treatment, and provision of services, supports, and interventions for individuals experiencing Long COVID and associated conditions. The Presidential Memorandum also directs HHS to issue a report outlining services and supports across federal agencies to assist people experiencing Long COVID, individuals who are dealing with a COVID-related loss, and people who are experiencing mental health and substance use issues related to the pandemic. This report will specifically address the long-term effects of COVID-19 on high-risk communities and efforts to address disparities in access to services and supports.
Today’s announcement builds on the Administration’s ongoing work to implement the recommendations of the Presidential COVID-19 Health Equity Task Force. It also builds on a number of additional actions the Administration is taking to support the millions of Americans experiencing Long COVID and their families by delivering high-quality care and expanding access to services and supports, as well as actions to advance efforts to detect, prevent, and treat Long COVID.
These actions include:
Delivering high-quality care for individuals experiencing Long COVID: As a complex condition that can affect multiple organ systems, Long COVID may require care and coordination across multiple medical specialties. The Administration recognizes that the COVID-19 pandemic has resulted in new members of the disability community and has had a tremendous impact on people with disabilities. The Administration will continue to center the voices of patients in this work and is advancing efforts to deliver high-quality, high-value care to people experiencing Long COVID—especially communities hardest-hit by COVID-19. In collaboration with patients, payers, and providers across the care continuum, the Administration will accelerate and disseminate clinical support and best practices to promote coordinated, integrated care models and expand access to high-quality care in communities across the country.
Launching Centers of Excellence and promoting evidence-based care models: Through the Agency for Healthcare Research and Quality (AHRQ), the President’s Fiscal Year 2023 (FY23) budget will invest in a multi-year initiative, beginning with $20 million in FY23, to investigate how health care systems can best organize and deliver care for people with Long COVID, provide telementoring and expert consultation for primary care practices, and advance the development of multispecialty clinics to provide complex care. This work would fund institutions across the country that bring together leading researchers and care providers across the full care continuum – including hospitals, health centers, long-term care services and supports, and other providers – and promote the implementation of new evidence into care, especially for disproportionately affected populations. As information emerges on effective Long COVID treatments and care, AHRQ in partnership with the Centers for Disease Control and Prevention (CDC), Food and Drug Administration (FDA), Substance Abuse and Mental Health Services Administration (SAMHSA), and National Institutes of Health (NIH)—in collaboration with clinical leaders, professional societies, and the national academies—will build on existing interim clinical guidance to get providers and patients the care information they need.
Expanding and strengthening Long COVID clinics: Across the country, 18 Department of Veterans Affairs (VA) facilities have already established Long COVID care programs, consolidating multidisciplinary clinical expertise in locations veterans know and trust. The VA will expand on the success of these programs by establishing additional Long COVID programs and robust referral and follow-up systems across its facilities. These programs, and others established by hospitals and health systems across the country, are serving as a source of rapid learning and long-term research on best practices and new therapies, along with the broader provider, patient, and scientific community. The Office of the Assistant Secretary for Health (OASH) will launch the Health+ project to gain insights into the experiences and patient journeys of people living with Long COVID and associated conditions, to help inform high-quality care and contribute to standardized best practices at Long COVID clinics.
Promoting provider education and clinical support: The Administration will continue to work with providers to advance our recognition and understanding of Long COVID and associated conditions, including by sharing culturally competent information and resources through platforms like the Centers for Medicare & Medicaid Services (CMS) Medicare Learning Network and Indian Health Service (IHS) provider education and partnerships with academic institutions. The Administration will also launch targeted clinician and medical coder education on the ICD-10-CM code (U09.9) effective last year to support diagnosis, billing, and tracking of Long COVID. To further support equitable access to high-quality care in communities hard-hit by the pandemic, the Administration, through the Health Resources and Services Administration (HRSA), will continue to build sustainable telementoring programs and networks in rural and medically underserved communities. HHS will additionally convene experts across the country to provide recommendations to our nation’s providers on best practices in the identification and management of the mental and behavioral health disorders associated with Long COVID.
Bolstering health insurance coverage for Long COVID care: The Administration is working to make Long COVID care as accessible as possible. CMS has clarified that, under the American Rescue Plan (ARP) requirement that state Medicaid and Children’s Health Insurance Program (CHIP) programs cover treatments for COVID-19, states must also cover treatments and therapies for Long COVID. Additionally, the essential health benefits (EHB) provided by the Affordable Care Act (ACA) generally provide coverage for the diagnosis and treatment of COVID-19, including Long COVID, though coverage and cost-sharing details vary by plan. CMS has also expanded Medicare coverage for pulmonary rehabilitation services for Long COVID care beginning in the 2022 Physician Fee Schedule. Moving forward, the Administration will continue to assess opportunities to enhance access to care for Long COVID and its associated symptoms through Medicare, Medicaid, insurance marketplace coverage, and other options. The Office of Personnel Management (OPM) will also increase awareness of Long COVID among Federal Employee Health Benefit (FEHB) Program carriers—serving over 8.2 million federal employees, retirees, and their families—and call on them to closely monitor care for individuals with Long COVID. OPM will additionally enhance enrollee education on plans’ coverage of the assessment and treatment of Long COVID and associated symptoms such as respiratory illness and chronic fatigue.
Making services and supports available for individuals experiencing Long COVID: The Administration continues to work to understand Long COVID and its impact across populations, including how it interacts with other medical and physical conditions. Individuals with Long COVID may need help doing things they did by themselves in the past, or may need accommodations in their daily activities based on changes in their abilities. In addition to the Long COVID guidance package released during the 31st anniversary of the Americans with Disabilities Act (ADA), the Administration is raising awareness of Long COVID as a potential cause of disability, and strengthening services and supports available for individuals experiencing Long COVID.
Raising awareness of Long COVID as a potential cause of disability: To protect individuals with Long COVID from discrimination, HHS and the Department of Justice (DOJ) have released guidance explaining that some individuals with Long COVID may have a disability under civil rights laws, including the ADA, Section 504 of the Rehabilitation Act, and Section 1557 of the Affordable Care Act. The Department of Education (ED) also released a resource to support children, students, educators, schools, service providers, and families—providing information about Long COVID as a disability and about schools’ and public agencies’ responsibilities for the provision of services and reasonable modifications to children and students for whom Long COVID is a cause of a disability. The Administration for Community Living (ACL) and the HHS Office for Civil Rights (OCR) are continuing to disseminate resources to help people with Long COVID understand if they have a disability, educate people on their rights, and to inform organizations of their obligations.
Translating research into inclusive disability policy: Through the Social Security Administration’s close collaboration with research agencies and other entities, the Administration will continue to clarify and update policy guidance as the science develops to support inclusive disability policy and claims adjudication processes through the Social Security Disability Insurance (SSDI) and Supplemental Security Insurance (SSI) programs for individuals experiencing Long COVID. This includes building on its Emergency Message on Evaluating Cases with COVID-19 and continuing to be responsive to findings from the medical and scientific communities about the types of evidence that can help establish impairments and identify functional limitations linked to Long COVID, when appropriate. Additionally, ACL and the Department of Labor (DOL) continue to elevate experiences of individuals with disability due to Long COVID, including on return-to-work.
Connecting people with the resources they need: The Administration will help connect people with Long COVID to information, resources, and service and support options. This includes incorporating multilingual information and support into the CDC-INFO call center, Disability Information and Access Line (DIAL), and call centers run by CMS—which together receive over 3 million calls each month—and providing Long COVID-specific trainings for customer service representatives. Through ACL’s DIAL and Eldercare Locator, the Administration will also continue to connect older adults and individuals with disabilities to critical local services, such as transportation to receive care. IHS will additionally train business office and benefit administrator staff to assist Tribal communities in navigating Long COVID. SAMHSA will additionally collaborate with stakeholders to advance our understanding of the mental health effects of COVID-19 and promote high-quality mental and behavioral health care services for those who need it.
Strengthening support for workers experiencing Long COVID: The Equal Employment Opportunity Commission (EEOC) and DOL recently released guidance on access to equitable employment opportunities for people experiencing the impact of COVID-19 and the symptoms of Long COVID. To protect workers experiencing Long COVID, DOL, in coordination with the EEOC, will continue supporting enforcement of the ADA, and other federal disability related nondiscrimination requirements for all workers. DOL’s Job Accommodation Network (JAN) also helps individuals with Long COVID remain in or return to their jobs. This includes both resources to empower workers to request and negotiate accommodations, as well as resources for employers on effective accommodation strategies. Additionally, through the legal networks funded by ACL, the Administration will continue to support legal assistance related to Long COVID to older adults and people with disabilities.
Advancing the nation’s understanding of Long COVID: Robust data and information are essential to our fight against the COVID-19 pandemic and its long-term effects. The Administration will support and accelerate research to understand, prevent, diagnose, treat, advance non-discrimination for, and otherwise support individuals with Long COVID. This includes efforts to better identify and characterize Long COVID – including with respect to its frequency, severity, duration, and risk factors; account for its impact on hard-hit and high-risk populations; and better understand its symptoms—including anxiety and depression, fatigue, shortness of breath, difficulty concentrating, heart palpitations, disordered sleep, chest and joint pain, and headache. These symptoms may look like those associated with other chronic medical conditions—including dysautonomia, myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS), and mast cell activation syndrome (MCAS). In collaboration with patients, academia, providers, and other stakeholders, the Administration will continue to take critical steps to advance our scientific understanding in order to prevent, detect, and treat Long COVID.
Launching the first-ever National Research Action Plan on Long COVID: Today, President Biden issued a Presidential Memorandum directing the Secretary of Health and Human Services to coordinate a new effort across the federal government to develop and issue the first-ever interagency national research action plan on Long COVID. The effort will advance progress in prevention, diagnosis, treatment, and provision of services, supports, and interventions for individuals experiencing Long COVID. This effort, building on the landmark Researching COVID to Enhance Recovery (RECOVER) Initiative and other initiatives across the federal government, will advance our understanding of Long COVID, foster the development of new treatments and care models, and inform services, support, and interventions for individuals experiencing Long COVID.
Accelerating enrollment into the RECOVER Initiative: Last year, the NIH launched its $1.15 billion RECOVER Initiative to advance our understanding of and ability to predict, treat, and prevent Long COVID. To help catalyze progress, the Administration will accelerate the enrollment of approximately 40,000 individuals with and without Long COVID into RECOVER’s longitudinal observational arm—in addition to advancing RECOVER’s pathobiology studies, EHR studies, and clinical trials. Equity remains at the center of the Administration’s COVID-19 response efforts, and RECOVER will focus on enrolling individuals across all ages, races, ethnicities, and socioeconomic statuses—including pregnant people, individuals with disabilities, and those from the communities hardest hit by the pandemic. RECOVER will also continue to bolster its patient-centered approach, leveraging its National Community Engagement Group—comprised of patient representatives across its pathobiology task forces and executive, steering, and oversight committees—to enable patients to shape research design and execution, listen for community feedback, and learn from patients’ first-hand experience.
Making further investments to advance Long COVID research and surveillance: Building on the $50 million CDC has already invested, the President’s FY23 budget has requested $25 million to answer key questions on the characteristics, risk factors, underlying mechanisms, and health impacts of Long COVID—through clinician engagement, electronic health data analyses, and grant funding. This includes through the Innovative Support for Patients with SARS-CoV-2 Infections Registry (INSPIRE) study by CDC, which will follow nearly 6,000 individuals nationwide for up to 18 months, and other dedicated research in Tribal and other hard-hit, high-risk communities.
Leveraging the power of federal data: With its robust, national health care databases, the U.S. Department of Veterans Affairs (VA) offers a wealth of information on the risks and burdens of COVID-19. Using data from over 600,000 individuals with COVID-19, the VA will continue advancing its work to assess the different health impacts of COVID-19 over time. This includes building on its already published analyses relying on EHR data on kidney, cardiovascular, and mental health outcomes in people who have gotten COVID-19, through a national study surveying infected Veterans and uninfected controls about persistent symptoms. Additionally, the Department of Defense (DOD) has launched the Epidemiology, Immunology, and Clinical Characteristics of Emerging Infectious Diseases with Pandemic Potential (EPICC) study of Military Health System beneficiaries to help determine effects of COVID-19 and define clinical strategies to address them. This foundational study will not only support our military medical readiness but also our broader understanding of the disease.
Identifying workplace interventions that help keep individuals connected: To inform the development of inclusive disability policies and benefits, the DOL is scaling its work to identify early intervention strategies for workers who experience injuries or illnesses, including Long COVID, when working. DOL is expanding beyond its initial pilot study—to Kansas, Kentucky, Minnesota, Ohio, and Vermont—to help workers find alternatives as they decide whether to stay at or return to work following an illness like Long COVID.
President Joe Biden, with former President Barack Obama at his side, signed an Executive Order to expand access to the Affordable Care Act, which he said was fittingly dubbed “Obamacare”, fix the “family glitch” and lower health care costs for one million Americans. Recalling the difficulty of passing Obamacare, Biden remarked on Obama’s unwavering commitment toward the goal of universal health care, where a medical emergency wouldn’t bankrupt a family and people did not live with the insecurity of being denied coverage. Obama reflecting on the strong opposition from Republicans – who have attempted to repeal the ACA more than 70 times, and only last week, vowed to repeal it when they regain control of Congress – said that compromises had to be made in order to achieve what presidents had failed to do for 100 years in providing access to health care. As Biden said, it was the most consequential legislation since Medicare of 1965. Obama said it was always recognized that the law would need to be improved. That’s what Biden did today.
From day one of his presidency, Biden has worked to expand access to health care, and now, some 30 million have health insurance coverage because of Obamacare, while 100 million Americans with pre-existing conditions are assured of having health insurance (a number that will be vastly expanded with over 75 million having contracted COVID-19 and millions suffering effects of Long-COVID), children can stay on their parents’ plan until age 26, and there are no longer lifetime caps on coverage. Here’s a Fact Sheet from the White House on how Biden-Harris Administration proposes to fix the “family glitch” and lower health care costs – the most significant administrative action to improve implementation of Obamacare since its enactment 12 years ago. “The ACA is stronger now than it has ever been and today we are strengthening it further,” Biden declared.
President Biden and Vice President Harris believe that health care is a right, not a privilege. They promised to protect and build on the Affordable Care Act (ACA), lowering costs and expanding coverage so that every American has the peace of mind that health insurance brings.
The Biden-Harris Administration continues to deliver on that promise. Thanks to the landmark American Rescue Plan, ACA premiums are at an all-time low, while enrollment is at an all-time high. Four out of five Americans can find quality coverage for under $10 a month, and families are saving an average of $2,400 on their annual premiums—$200 in savings every month back to families. The Administration has lowered costs and increased enrollment to a record high of 14.5 million Americans—including nearly 6 million who newly gained coverage. With the addition of Missouri and Oklahoma, two states that expanded Medicaid last year, nearly 19 million low-income Americans are enrolled in the ACA’s Medicaid expansion coverage, adding up to a record nearly 80 million children, pregnant women, seniors, people with disabilities, and other low-income Americans covered by Medicaid.
PROPOSING TO FIX THE “FAMILY GLITCH”
Today, the Biden-Harris Administration is proposing a rule to strengthen the ACA by fixing the “family glitch,” which would save hundreds of thousands of families hundreds of dollars a month.
Under the ACA, people who do not have access to “affordable” health insurance through their jobs may qualify for a premium tax credit to purchase affordable, high-quality coverage on the ACA’s health insurance marketplaces. Current regulations define employer-based health insurance as “affordable” if the coverage solely for the employee, and not for family members, is affordable, making family members ineligible for a premium tax credit even though they need it to afford high-quality coverage through the Marketplace. For family members of an employee offered health coverage through an employer, the cost of that family coverage can sometimes be very expensive and make health insurance out of reach. The “family glitch” affects about 5 million people and has made it impossible for many families to use the premium tax credit to purchase an affordable, high-quality Marketplace plan.
The Treasury Department and the Internal Revenue Service are proposing to eliminate the “family glitch.” Should today’s proposed rule be finalized, family members of workers who are offered affordable self-only coverage but unaffordable family coverage may qualify for premium tax credits to buy ACA coverage. Should the proposed change be made, it’s estimated that 200,000 uninsured people would gain coverage, and nearly 1 million Americans would see their coverage become more affordable. Many families would be able to save hundreds of dollars a month thanks to lower premiums. This proposed rule would amount to the most significant administrative action to improve implementation of the ACA since its enactment.
EXECUTIVE ORDER CONTINUING TO STRENGTHEN AMERICANS’ ACCESS TO AFFORDABLE, QUALITY HEALTH COVERAGE
Last January, President Biden signed an Executive Order directing federal agencies to take action to strengthen Medicaid and the Affordable Care Act. Today, President Biden is building on that directive with a new Executive Order directing federal agencies to continue doing everything in their power to expand affordable, quality health coverage. This includes:
Making it easier for people to enroll in and keep their coverage.
Helping people better understand their coverage options so they can pick the best one for them.
Strengthening and improving the generosity of benefits and improving access to health care providers.
Improving the comprehensiveness of coverage and protecting Americans from low-quality coverage.
Continuing to make health coverage more accessible and affordable by expanding eligibility and lowering costs for Americans with ACA, Medicare, or Medicaid coverage.
Connecting people to health care services by improving access to health care providers and linkages between the health care system and communities to help Americans with health-related needs.
Taking steps to help reduce the burden of medical debt that far too many Americans experience.
ADDITIONAL EFFORTS TO STRENGTHEN THE ACA AND MEDICAID
These latest actions build on months of work to strengthen the ACA and Medicaid by lowering costs and expanding coverage.
Lowered premiums and out of pocket costs for millions of Americans. As the biggest expansion of affordable health care since the ACA, the American Rescue Plan (ARP) included enhanced subsidies that lowered premiums for 9 million Americans by an average of $50 per month per person. The enhanced subsidies helped expand the availability of free and low-cost health plans to millions of consumers with nearly half of existing consumers able to enroll in a silver level plan with no premium and 70 percent of existing able to enroll in a low-premium silver plan. In addition, the Administration lowered the cap on total out-of-pocket costs by $400 in 2022.
Made it easier to sign up for affordable coverage, including opening a Special Enrollment Period in 2021. In addition to opening a Special Enrollment Period last year, which enabled nearly 3 million Americans to newly sign up for coverage under the ACA, the Administration extended HealthCare.gov’s Open Enrollment period by one month, giving people more time to sign up for coverage The Administration operated the most successful Open Enrollment Period in history last year, with a historic 14.5 million Americans signing up for ACA coverage and another million people signing up for the Basic Health Program, an alternative coverage program created by the ACA. The Administration also eliminated unnecessary paperwork and increased outreach, quadrupling the number of trained Navigators to help Americans sign up for coverage on HealthCare.gov. These efforts helped reach communities that have historically been left behind, with the HealthCare.gov enrollment rate increasing by 26 percent for Hispanic Americans and 35 percent for Black Americans.
Facilitated the expansion of Medicaid in Missouri and Oklahoma. The Centers for Medicare & Medicaid Services (CMS) helped Missouri and Oklahoma become the 38th and 39th states to expand Medicaid, which will cover nearly half a million more low-income Americans in those two states. Missouri and Oklahoma are also taking advantage of the ARP’s financial incentive to expand Medicaid, which is expected to provide an extra $968 million and $500 million in federal dollars to these states, respectively.
Expanded and strengthened access to home care for millions of older Americans and people with disabilities. The ARP provided states with increased Medicaid funding to help expand access to home care services, furthering the Administration’s commitment to ensuring people can get the care they need in their homes and communities. The additional Medicaid funding will also help states strengthen their home- and community-based services programs by investing in the home care workforce and other innovations to improve the delivery of care.
Provided new options to help people experiencing a behavioral health crisis. Thanks to the ARP, states can now receive enhanced Medicaid funding to establish mobile crisis intervention services teams to help provide services to Medicaid beneficiaries experiencing a behavioral health crisis. This new option is a key component in the Administration’s strategy to address the Nation’s mental health crisis by ensuring that Medicaid beneficiaries experiencing a behavioral health crisis can get connected to the care they need.
Tackled the maternal health crisis. Medicaid covers more than 40 percent of births in the United States. Thanks to the ARP and the Vice President’s leadership, the Biden-Harris Administration partnered with Illinois, New Jersey, Virginia, and Louisiana to make sure new moms can keep their Medicaid coverage for a year after they deliver. Another 9 states are in the process of seeking CMS approval to expand postpartum coverage to their states as well. Based on HHS estimates, more than 83,000 beneficiaries across five states will benefit from this extended post-partum coverage during the critical first year after delivery.
