Category Archives: Health Care

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: Biden Issues Executive Order on Strengthening Access to Contraception

“My Body My Business.” New Yorkers protest for women’s reproductive freedom © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical rightwing majority on the Supreme Court overturned women’s constitutional rights to reproductive freedom under Roe v. Wade, President Biden issued an Executive Order on Strengthening Access to Affordable, High-Quality Contraception and Family Planning Services. This was the third Executive Order on reproductive health care access that the President has signed since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, and the first focused specifically on protecting and expanding access to contraception. “Contraception is an essential component of reproductive health care that has only become more important in the wake of Dobbs and the ensuing crisis in women’s access to health care,” the White House stated in a fact sheet detailing the Executive Order.

There is concern that just as the anti-reproductive freedom groups have gone after medication abortion, they may also go after contraception, something that Justice Clarence Thomas suggested he was amenable to do in declaring prior decisions open to “reconsideration.”

Meanwhile, the Federal Drug Administration gave approval for the first over-the-counter sale of a contraceptive pill without a doctor’s prescription. – Karen Rubin/news-photos-features.com

Through today’s Executive Order, the President announced actions to:

  • Improve Contraception Access and Affordability for Women with Private Health Insurance.  The Executive Order directs the Secretaries of the Treasury, Labor, and Health and Human Services (HHS) to consider new guidance to ensure that private health insurance under the Affordable Care Act covers all Food and Drug Administration-approved, -granted, or -cleared contraceptives without cost sharing and to streamline the process for obtaining care women need and want. This action will build on the progress already made under the Affordable Care Act by further reducing barriers that women face in accessing contraception prescribed by their provider.
    • Promote Increased Access to Over-the-Counter Contraception. The Executive Order directs the Secretaries of the Treasury, Labor, and HHS to consider new actions to improve access to affordable over-the-counter contraception, including emergency contraception. These actions could include convening pharmacies, employers, and insurers to discuss opportunities to expand access to affordable over-the-counter-contraception; identifying promising practices regarding the coverage of over-the-counter contraception at no cost to patients; and providing guidance to support seamless coverage of over-the-counter contraception.
       
    • Support Family Planning Services and Supplies through the Medicaid Program. The Executive Order directs the Secretary of HHS to consider new actions that expand access to affordable family planning services and supplies across the Medicaid program—such as sharing best practices for State Medicaid programs on providing high-quality family planning services and supplies, including through Medicaid managed care.
       
    • Improve the Coverage of Contraception through the Medicare Program. To improve coverage and payment for contraceptives for Medicare beneficiaries, the Executive Order directs the Secretary of HHS to consider new actions to strengthen the coverage of contraception through Medicare Advantage and Medicare Part D plans. This action will help ensure that Medicare beneficiaries, especially women of reproductive age with disabilities, can access contraception without unnecessary barriers.
       
    • Support Access to Contraception for Service Members, Veterans, and Federal Employees. The Executive Order directs the Secretary of Defense, the Secretary of Veterans Affairs, and the Director of the Office of Personnel Management to consider new actions to ensure robust coverage of contraception for Service members, veterans, and Federal employees and ensure that they and their families understand how to access these benefits. These actions will build on the steps that these agencies have already taken to bolster access to contraception for those they serve.
       
    • Bolster Contraception Access Across Federally-Supported Health Care Programs. The Executive Order directs the Secretary of HHS to consider encouraging Federally-supported health care and human services entities—such as Title X family planning clinics, community health centers, and the Indian Health Service—to expand the availability and quality of contraception access for those they serve. Actions could include issuing new guidance, technical assistance, and training resources so that providers in these programs understand their obligations under Federal law, including to provide culturally and linguistically appropriate family planning services.
       
    • Support Access to Affordable Contraception for Employees and College Students. The Executive Order directs the Secretary of Labor to identify and share best practices for employers and insurers in making affordable, high-quality contraception available to employees. To help bolster access for college and university students, the Executive Order directs the Secretary of Education to convene institutions of higher education to share best practices and ways to make sure that students understand their options for accessing contraception.
       
    • Promote Research and Data Analysis on Contraception Access.  To document the gaps and disparities in contraception access as well as the benefits of comprehensive coverage, the Executive Order directs the Secretary of HHS to support research, data collection, and data analysis on contraception access and family planning services.

The announcements build on actions that the Biden-Harris Administration has already taken to protect access to contraception, including in response to two prior Executive Orders directing actions to safeguard access to reproductive health care services. The Administration has taken action to:

  • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
    • Expand Access Under the Affordable Care Act. The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics. HHS provided resources to bolster quality family planning services through the Title X Family Planning Program. HHS provided funds to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics through the Reproductive Health National Training Center and the Clinical Training Center for Sexual and Reproductive Health. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
       
    • Enhance Access Through a New Public-Private Partnership. HHS announced a new public-private partnership to expand access to contraception with Upstream, a national nonprofit organization that provides health centers with free patient-centered, evidence-based training and technical assistance to eliminate provider-level barriers to offering the full range of contraceptive options. This partnership will leverage Upstream’s $90 million in resources and build on Upstream’s work with over 100 health care organizations across 18 states and accelerate their national expansion to transform contraceptive care in more than 700 health centers by 2030, reaching 5 million women of reproductive age every year.
       
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans. To improve access to contraception at military hospitals and clinics, the Department of Defense expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries. And the Department of Veterans Affairs proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       
    • Ensure Access to Family Planning Services at Health Centers. The Health Resources and Services Administration provided updated guidance to community health centers on their obligation to offer family planning services to their patients. The guidance included evidence-based recommendations and resources to support health centers in providing high-quality family planning services.
       

Include Family Planning Providers in Health Plan Networks. HHS strengthened the standard for inclusion of family planning providers in Marketplace plans’ provider networks under the Affordable Care Act. This policy, which goes into effect for plan year 2024, will help increase consumers’ choice of high-quality providers and improve access to care for low-income and medically underserved consumers.

Biden Administration, Gender Equity, Health Care, News & Photo Features

FACT SHEET: One Year After SCOTUS Overturned Roe, Biden Administration Highlights Actions to Protect Access to Reproductive Health Care, Ongoing Commitment to Defending Reproductive Rights

New Yorkers protest the Supreme Court’s decision overturning women’s constitutional reproductive rights under Roe v. Wade a year ago © Karen Rubin/news-photos-features.com

On the one-year anniversary since the radical religious ideologues on the Supreme Court overturned Roe v. Wade and women’s constitutional right to self-determination and bodily autonomy, the White House issued this fact sheet highlighting the actions the Biden Administration has taken to protect access to reproductive health care, and its ongoing commitment to defending reproductive rights.

In a statement, President Joe Biden declared,

“One year ago today, the Supreme Court took away a constitutional right from the American people, denying women across the nation the right to choose. Overturning Roe v. Wade, which had been the law of the land for nearly half a century, has already had devastating consequences.
 
“States have imposed extreme and dangerous abortion bans that put the health and lives of women in jeopardy, force women to travel hundreds of miles for care, and threaten to criminalize doctors for providing the health care that their patients need and that they are trained to provide.
 
“Yet, state bans are just the beginning. Congressional Republicans want to ban abortion nationwide, but go beyond that, by taking FDA-approved medication for terminating a pregnancy, off the market, and make it harder to obtain contraception. Their agenda is extreme, dangerous, and out-of-step with the vast majority of Americans.
 
“My Administration will continue to protect access to reproductive health care and call on Congress to restore the protections of Roe v. Wade in federal law once and for all.”

– Karen Rubin/news-photos-features.com

One year ago, the Supreme Court eliminated a constitutional right that it had previously recognized, overturning nearly 50 years of precedent. Today, more than 23 million women of reproductive age—one in three—live in one of the 18 states with an abortion ban currently in effect. In the last year, women have been denied essential medical care to preserve their health and even save their lives. They have been turned away from emergency rooms, forced to delay care, and made to travel hundreds of miles and across state lines for needed medical care. Despite this devastating impact on women’s health, Republican elected officials continue to advance these bans at both the state and national level.

President Biden and Vice President Harris stand with the majority of Americans who believe the right to choose is fundamental—and who have made their voices heard at every opportunity since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization. As the President has made clear since the day of the Dobbs decision, the only way to ensure women in every state have access to abortion is for Congress to pass a law restoring the protections of Roe v. Wade.

While we continue to call on Congress to restore these protections, the Administration has taken executive action to protect access across the full spectrum of reproductive health care. In the wake of Dobbs, the President issued two Executive Orders directing a comprehensive slate of actions to protect access to reproductive health care services, including abortion. And today, the President is issuing a third Executive Order focused on strengthening access to affordable, high-quality contraception, a critical aspect of reproductive health care. The Administration remains fully committed to implementing these Executive Orders and advancing access to reproductive health care through the leadership of the interagency Task Force on Reproductive Healthcare Access, co-chaired by the White House Gender Policy Council and the Department of Health and Human Services (HHS).

Today, the Biden-Harris Administration is providing an update on the work of the Task Force on Reproductive Healthcare Access and the Administration’s ongoing efforts to defend reproductive rights.

Protecting Access to Abortion, including Medication Abortion

  • Ensure Access to Emergency Medical Care.  The Administration is committed to ensuring all patients, including women who are experiencing pregnancy loss, have access to the full rights and protections for emergency medical care afforded under federal law—including abortion care when that is the stabilizing treatment required. HHS issued guidance affirming requirements under the Emergency Medical Treatment and Labor Act (EMTALA) and Secretary Becerra sentletters to providers making clear that federal law preempts state law restricting access to abortion in emergency situations. The U.S. District Court of Idaho issued a preliminary injunction blocking the enforcement of Idaho’s abortion ban as applied to medical care required by EMTALA after the Department of Justice (DOJ) filed a lawsuit seeking to enjoin Idaho’s ban to the extent it makes abortion a crime even when necessary to prevent serious risks to the health of pregnant patients.
    • Defend FDA Approval of Medication Abortion in Court.  The Food and Drug Administration (FDA) and DOJ are defending access to mifepristone, a safe and effective drug used in medication abortion that FDA first approved more than twenty years ago, and FDA’s independent, expert judgment in court—including in a lawsuit in Texas that attempts to eliminate access nationwide. The Administration will continue to stand by FDA’s decades-old approval of the medication and by FDA’s ability to review, approve, and regulate a wide range of prescription medications.
       
    • Protect Access to Safe and Legal Medication Abortion.  On what would have been the 50th anniversary of Roe v. Wade on January 22, President Biden issued a Presidential Memorandum directing further efforts to protect access to medication abortion, including to support patients, providers, and pharmacies who wish to legally access, prescribe, or provide mifepristone—and to safeguard their safety and security, including at pharmacies. This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.
       
    • Partner with State Leaders on the Frontlines of Abortion Access.  Today, the White House is releasing a new report on the battle for abortion access at the state level and the Administration’s engagement with state leaders over the past year. The report underscores the Administration’s ongoing commitment to partnering with leaders on the frontlines of protecting access to abortion—both those fighting extreme state legislation and those advancing proactive policies to protect access to reproductive health care, including for patients who are forced to travel out of state for care. The Vice President has led these efforts, traveling to 18 states and meeting with more than 250 state legislators, health care providers, and advocates in the past year. And last week, the White House hosted over 80 state legislators from 41 states to discuss efforts to protect access to reproductive health care.
    • Provide Access to Reproductive Health Care for Veterans.  The Department of Veterans Affairs (VA) issued an interim final rule to allow VA to provide abortion counseling and, in certain circumstances, abortion care to Veterans and VA beneficiaries. VA provides abortion services when the health or life of the patient would be endangered if the pregnancy were carried to term or when the pregnancy is a result of rape or incest. When working within the scope of their federal employment, VA employees may provide authorized services regardless of state restrictions. DOJ will defend any VA providers whom states attempt to prosecute for violations of state abortion laws. 
       
    • Support Access to Care for Service Members.  The Department of Defense (DoD) has taken action to ensure that Service members and their families can access reproductive health care and that DoD health care providers can operate effectively. DoD has released policies to support Service members and their families’ ability to travel for lawful non-covered reproductive health care and to bolster Service members’ privacy and afford them the time and space needed to make personal health care decisions.
       
    • Defend Reproductive Rights in Court. DOJ created a Reproductive Rights Task Force, which monitors and evaluates state and local actions that threaten to infringe on federal protections relating to the provision or pursuit of reproductive health care, impair women’s ability to seek abortion care where it is legal, impair individuals’ ability to inform and counsel each other about the care that is available in other states, ban medication abortion, or impose criminal or civil liability on federal employees who provide legal reproductive health services in a manner authorized by Federal law.

 
Supporting Women’s Ability to Travel for Medical Care

  • Defend the Right to Travel.  On the day of the Dobbs decisions, President Biden reaffirmed the Attorney General’s statement that women must remain free to travel safely to another state to seek the care they need. President Biden committed his administration to defending “that bedrock right,” and DOJ continues to monitor attempts to restrict a woman’s right to travel to receive lawful health care.  
    • Support Patients Traveling Out of State for Medical Care.  HHS Secretary Becerra and CMS Administrator Chiquita Brooks-LaSure issued a letter to U.S. governors inviting them to work with CMS and apply for Medicaid 1115 waivers to provide increased access to care for women from states where reproductive rights are under attack and women may be denied medical care. HHS continues to encourage state leaders to consider and develop new waiver proposals that would support access to reproductive health care services.
       

Safeguarding Access to Contraception

  • Strengthen Access to Affordable, High-Quality Contraception.  Today, the President issued an Executive Order directing agencies to: improve access and affordability for women with private health insurance; promote increased access to over-the-counter contraception; support access to affordable contraception through Medicaid and Medicare; ensure Service members, veterans, and Federal employees are able to access contraception; bolster contraception access across Federal health programs; and support access for college students and employees. The Task Force on Reproductive Healthcare Access will oversee the swift and robust implementation of this Executive Order in the coming months.
    • Clarify Protections for Women with Private Health Insurance. Under the Affordable Care Act, most private health plans must provide contraception and family planning counseling with no out-of-pocket costs. The Departments of the Treasury, Labor, and HHS convened a meeting with health insurers and employee benefit plans. These agencies called on the industry to meet their obligations to cover contraception as required under the law. Following this conversation, these agencies issued guidance to clarify protections for contraceptive coverage under the Affordable Care Act.
       
    • Expand Access Under the Affordable Care Act.  The Departments of the Treasury, Labor, and HHS proposed a rule to strengthen access to contraception under the Affordable Care Act so all women who need and want contraception can obtain it. Millions of women have already benefited from this coverage, which has helped them save billions of dollars on contraception.
       
    • Support Title X Clinics.  HHS provided resources to bolster quality family planning services through the Title X Family Planning Program, including funding to help clinics deliver equitable, affordable, client-centered, and high-quality family planning services and provide training and technical assistance for Title X clinics. In addition, recognizing the important role that Title X clinics play in supporting access to contraception, the President’s Fiscal Year 2024 Budget Request includes $512 million for the Title X Family Planning Program, a 76 percent increase above the 2023 enacted level.
    • Promote Access to Contraception for Service Members and Their Families and Certain Dependents of Veterans.  To improve access to contraception at military hospitals and clinics, DoD expanded walk-in contraceptive care services for active-duty Service members and other Military Health System beneficiaries, and eliminated TRICARE copays for medical contraceptive services. And VA proposed a rule to eliminate out-of-pocket costs for certain types of contraception through the Civilian Health and Medical Program of the Department of Veterans Affairs.
       

Reinforcing Nondiscrimination Protections under Federal Law

  • Issue Guidance to Retail Pharmacies.  HHS issued guidance to roughly 60,000 U.S. retail pharmacies to remind them of their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services. The guidance makes clear that as recipients of federal financial assistance, pharmacies are prohibited under law from discriminating on the basis of race, color, national origin, sex, age, and disability in their programs and activities. This guidance is especially important in the wake of reports that women of reproductive age have been denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications could be used to terminate a pregnancy.
    • Protect Students from Discrimination Based on Pregnancy.  The Department of Education (ED) released a resource for universities outlining their responsibilities not to discriminate on the basis of pregnancy or pregnancy-related conditions, including termination of pregnancy. This guidance reminds schools of their existing and long-standing obligations under Title IX.
       
    • Strengthen Nondiscrimination in Healthcare.  HHS announced a proposed rule to strengthen nondiscrimination in health care. The proposed rule implements Section 1557 of the Affordable Care Act and affirms protections consistent with President Biden’s executive orders on nondiscrimination based on sexual orientation and gender identity.
       

Promoting Safety and Security of Patients, Providers, and Clinics

  • Promote Safety and Security of Patients, Providers and Clinics.  DOJ continues to robustly enforce the Freedom of Access to Clinic Entrances Act, which protects the right to access and provide reproductive health services.
     

Safeguarding Privacy and Sensitive Health Information

  • Strengthen Reproductive Health Privacy under HIPAA.  HHS issued a proposed rule to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients. Prior to the proposed rule and immediately after Dobbs, HHS issued guidance reaffirming HIPAA’s existing protections for the privacy of individuals’ protected health information.
    • Take Action Against Illegal Use and Sharing of Sensitive Health Information.  The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC has taken first-of-its-kind enforcement actions against companies for disclosing consumers’ personal health information, including highly sensitive reproductive health data, without permission.
    • Help Consumers Protect Their Personal Data.  The Federal Communications Commission (FCC) launched a new guide for consumers on best practices for protecting their personal data, including geolocation data, on mobile phones. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that would strengthen data breach rules to provide greater protections to personal data. In addition, separately, HHS issued a how-to guide for consumers on steps they can take to better protect their data on personal cell phones or tablets and when using mobile health apps, like period trackers, which are generally not protected by HIPAA.
    • Protect Students’ Health Information.  ED issued guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED also issued a know-your-rights resource to help students understand their privacy rights for health records at school. 
    • Safeguard Patients’ Electronic Health Information.  HHS issued guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS makes clear that patients have the right to ask that their electronic health information generally not be disclosed by a physician, hospital, or other health care provider. The guidance also reminds health care providers that HIPAA’s privacy protections apply to patients’ electronic health information.

 
Providing Access to Accurate Information and Legal Resources

  • Ensure Easy Access to Reliable Information.  HHS launched and maintains ReproductiveRights.gov, which provides timely and accurate information on people’s right to access reproductive health care, including contraception, abortion services, and health insurance coverage, as well as how to file a patient privacy or nondiscrimination complaint. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect access to reproductive health care services under federal law.
    • Hosted a Convening of Lawyers in Defense of Reproductive Rights.  The Department of Justice and the Office of White House Counsel convened more than 200 lawyers and advocates from private firms, bar associations, legal aid organizations, reproductive rights groups, and law schools across the country for the first convening of pro-bono attorneys, as directed in the first Executive Order. Following this convening, reproductive rights organizations launched the Abortion Defense Network to offer abortion-related legal defense services, including legal advice and representation.
       
    • Launch a National Hotline to Enable Access to Accurate Information.  HHS issued a Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline will provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.
       

Promote Research and Data Collection

  • Use Data to Track Impacts on Access to Care.  HHS will convene leading experts to discuss the state of existing reproductive health research and what the data tells us about the impact of the Dobbs decision, as well as the future of research on reproductive health care access. These convenings will help identify research gaps, opportunities for collaboration, and ways to bolster research efforts for both Federal agencies and external partners.

Leverage Maternal Health Data to Address Disparities.  FCC has committed to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes.

Biden Administration, Consumer Protection, Financial Protection, Health Care, Joe Biden, News & Photo Features

Biden Takes New Actions to Lower Health Care Costs and Protect Consumers from Scam Insurance Plans, Junk Fees as Part of ‘Bidenomics’ Push

Actions are the latest in a series of steps the Biden Administration has taken to eliminate hidden junk fees and lower prescription drug costs

President Biden announced a series of new actions under a core pillar of his “Bidenomics” agenda to lower health care costs and crack down on surprise junk fees for American families and consumers © Karen Rubin/news-photos-features.com

Today, President Biden announced a series of new actions under a core pillar of his “Bidenomics” agenda to lower health care costs and crack down on surprise junk fees for American families and consumers. Since the beginning of his Administration, President Biden has passed historic legislation to lower health care costs for tens of millions of Americans, took on Big Pharma to finally allow Medicare to negotiate lower prescription drug prices, and took action to eliminate hidden fees in every sector of the economy. Today, the Administration is taking additional steps to continue to deliver on those promises.

The President announced:

  • The Biden-Harris Administration is cracking down on junk insurance.  New proposed rules would close loopholes that the previous administration took advantage of that allow companies to offer misleading insurance products that can discriminate based on pre-existing conditions and trick consumers into buying products that provide little or no coverage when they need it most.  These plans leave families surprised by thousands of dollars in medical expenses when they actually  use health care services like a surgery.  If finalized, the rule would limit so-called “short-term” plans to truly short time periods, close loopholes made worse by the previous administration, and establish a clear disclosure for consumers of the limits of these plans.
     
  • The Administration is releasing important guidance on rules against surprise medical billing. Biden-Harris Administration rules are already preventing as many as 1 million surprise medical bills every month.  New guidance will help stop providers from gaming the system by evading the surprise billing rules with creative contractual loopholes that still leave consumers with unexpected costs.
     
  • The Administration is announcing new steps to protect consumers from unfair medical debt. For the first time in history, the Consumer Financial Protection Bureau, HHS, and Treasury are collaborating to explore whether health care provider and third-party efforts to encourage consumers to sign up for these products are operating outside of existing consumer protections and breaking the law. Medical credit cards and loans often lead to higher costs without consumers fully understanding the risks.
     
  • The Department of Health and Human Services is releasing a new report showing that nearly 19 million seniors and other Part D beneficiaries are projected to save $400 per year on prescription drugs when President Biden’s $2,000 out-of-pocket cap goes into effect. It’s also releasing state by state data that demonstrates how seniors across the country are helped by just one element of the President’s robust agenda to lower prescription drug prices.

These actions are the latest in a series of steps the Administration has taken to address hidden junk fees across industries, including: cracking down on bounced check and overdraft fees in the banking industry, which is saving consumers more than $5 billion every year; proposing rules to require airlines to disclose all of their fees up front and successfully pushing a number of airlines to end family seating fees; and mobilizing private sector action to eliminate hidden junk fees for concert and sports tickets.

Cracking down on junk insurance
The Affordable Care Act has helped tens of millions of Americans access high-quality, affordable health insurance and protects Americans from being discriminated against because of pre-existing conditions.  But actions from the previous administration allowed insurance companies to take advantage of loopholes in the law and sell “junk insurance” plans that evade these protections. These “junk insurance” plans leave families surprised by thousands of dollars in bills, often because the insurance plan claims they have a pre-existing condition that isn’t covered.  For example, a man in Montana faced $43,000 in health care costs because his insurance plan claimed his cancer was a pre-existing condition, and a Pennsylvania woman was surprised by nearly $20,000 in bills for an amputation her junk plan refused to cover.  Today, the Biden-Harris Administration is proposing rules to crack down on this junk insurance, as part of the latest efforts by the Administration to eliminate hidden and junk fees in every industry across the economy.  These actions will reduce scam insurance plans that offer really no insurance at all.

  • “Short-term” plans must be truly short-term.  Under the new rules, if finalized, plans that claim to be “short-term” health insurance would be limited to just 3 months, or a maximum of 4 months, if extended – instead of the 3 years that junk plans can offer today as a result of changes made by the previous administration.
     
  • Income replacement “fixed indemnity” plans cannot mimic comprehensive health insurance. Under the proposed rules, plans that want to be exempt from the rules for health insurance — because they are designed to replace lost income when people get sick, rather than provide full medical coverage – have to live up to their original purpose and cannot be designed like comprehensive health insurance. This means that plans would need to make clear that people signing up for these plans would get a defined benefit, like $100 per day of illness, instead of thinking that they have comprehensive insurance. This proposed rule aims to prevent Americans from being on the hook for high medical costs, like a woman who needed an amputation and was left with $20,000 in medical debt because her plan did not include comprehensive coverage.
     
  • Plans have to clearly disclose limits. Under the proposed rules, plans are required to provide consumers with a clear disclaimer that explains the limits of their benefits, including to existing consumers currently enrolled in these plans. 

Preventing surprise medical billing
Before President Biden took office, millions of people received surprise bills for health care they thought was in-network care covered by their health plan.  This could include when people need emergency care and are taken to the nearest hospital, or when a pregnant woman delivers her baby at an in-network hospitals only to find out that the anesthesiologist who cared for her is actually out-of-network.  These surprise bills can cost people hundreds or thousands of dollars, averaging between $750 to $2,600. The Administration is protecting millions of consumers from surprise medical bills through the implementation of the No Surprises Act, which has already protected 1 million Americans every month since January 1, 2022 from unfair, undeserved out-of-network charges and balance bills.
 
The Biden-Harris Administration is taking an important next step to protect consumers from surprise medical bills by issuing guidance to clarify that payers cannot use loopholes to avoid surprising billing protections:

  • Ending abuse of “in-network” designation. Today, some health plans contract with hospitals, but try to claim that they are not technically “in-network” – which can expose consumers to higher payments when they have to make a hospital visit.  The Administration today is making clear this is not allowed under federal law: health care services provided by these providers are either out-of-network and subject to the surprise billing protections, or they are in-network and subject to the ACA’s annual limitation on cost-sharing, further protecting consumers from excessive out-of-pocket costs.
     
  • Facility fees treated like other health care costs. The Administration is also concerned about an increase in patients being charged “facility fees” for health care provided outside of hospitals, like at a doctor’s office. These fees are often a surprise for consumers. The Administration today is making clear that health plans and providers must make information about these facility fees publicly available to consumers, as well as other price information for services and items they cover or provide. In addition, nonparticipating providers and nonparticipating emergency facilities cannot evade the protections of the No Surprises Act, including the prohibition on balance billing, by renaming charges otherwise prohibited under the No Surprises Act as “facility fees.”

Protecting consumers from unfair medical debt
Increasingly, health care providers are signing up patients for third-party medical credit cards and loans to help pay for care. These credit cards often include teaser rates and deferred interest features that lead to higher costs for consumers, and may be offered even when low- or no-cost alternatives, such as zero-interest payment plans, financial assistance, or health coverage may be available. Health care providers may be promoting these products because they could allow providers to get paid faster, outsource servicing and collections costs to third parties, receive a higher payment from consumers who otherwise would pay a discounted price for care, and in some circumstances, receive a share of the interest revenue gained by the third-party financial company.
 
Use of these products may complicate insurance coverage and the availability of financial assistance, and consumers may not fully understand the risks associated with these products, leading to higher costs and negative impacts on consumers’ financial, physical, and emotional well-being.
 
For the first time ever, the Consumer Financial Protection Bureau (CFPB), HHS, and Treasury are collaborating on the needs of health care consumers by releasing a Request for Information (RFI) to learn more about this emerging practice and solicit comment on potential policy actions. Part of this RFI will explore whether providers are operating outside of existing consumer protections, because once medical bills are placed on medical credit cards, there may be gaps in how various consumer protections apply. 

New data shows nearly 19 million seniors and other Medicare beneficiaries will save an estimated $400 per year in prescription drug costs because of President Biden’s out-of-pocket spending cap
Thanks to President Biden’s Inflation Reduction Act, out-of-pocket spending on prescription drugs at the pharmacy will be capped at $2,000 per year for Medicare Part D enrollees starting in 2025.  Today, the Department of Health and Human Services (HHS) released data showing that 18.7 million (or 1 in 3) seniors and people with disabilities who are enrolled in Part D plans will save, on average, $400 per year when the $2,000 cap and other Inflation Reduction Act provisions go into effect in 2025. And some enrollees will save even more: 1.9 million enrollees with the highest drug costs will save an average of $2,500 per year starting in 2025. Overall, the law’s Part D benefits provisions will reduce enrollee out-of-pocket spending by about $7.4 billion annually.
 
To view data broken down by state and demographic, visit LINK.
 
Today’s actions follow significant milestones achieved last week in implementing President Biden’s historic law to lower health care and prescription drug costs. On June 30, the Centers for Medicare and Medicaid Services released revised guidance that describes how they will negotiate lower prescription drug prices for seniors later this year. The first ten drugs selected for negotiation will be announced by September 1, 2023. Also last week, the $35 monthly cap on insulin for Medicare Part B beneficiaries went into effect. Already 1.5 million Medicare Part D beneficiaries were saving up to hundreds of dollars per month on insulin costs because of the Inflation Reduction Act, and many more will benefit from these cost savings starting this month.
  

Biden Administration, Economic Development, Environment, Environmental Protection, Health Care, News & Photo Features

FACT SHEET: Historic Biden Administration Investments in Water Infrastructure, Lead Pipe Replacement Are Creating New Domestic Manufacturing Jobs

Major US manufacturers committing to new investments and hiring in response to historic $50B investment in water infrastructure from President Biden’s Investing in America agenda

 
Senior executives from major U.S.-based manufacturers and distributors of water infrastructure parts joined senior Biden-Harris Administration officials at the White House to announce new private sector investments spurred by President Biden’s Investing in America agenda. The Bipartisan Infrastructure Law includes a more than $50 billion investment in the nation’s water infrastructure – including $15 billion set-aside for lead service line replacement. This historic investment represents a transformational increase in federal investment in the nation’s drinking water infrastructure over the next five years. By requiring Made in-America products when using federal funding to rebuild infrastructure, President Biden is not only investing in fixing our country’s water systems and replacing lead pipes, but also creating good-paying jobs and new domestic manufacturing.
 
To meet the increased demand for American-made water products, American manufacturers are stepping up their production capacity with new investments, creating jobs and American industrial capacity in the process. Administration officials have also emphasized the importance of collaborating with unions to ensure these investments build the middle class from the middle out and bottom up, not top-down.
 
This week, the following firms announced tens of millions in new manufacturing investments and hiring commitments:

  • A.Y. McDonald Mfg. Co. is an Iowa-based 167-year-old 5th generation family business with three manufacturing locations in Iowa, and Tennessee, with plans underway to build a state-of-the-art brass foundry in Wisconsin. Since the beginning of 2019, A.Y. McDonald Mfg. Co. has doubled the manufacturing space of their Tennessee facility with a 100,000 square feet addition and has undertaken the largest capacity expansion in the company’s history having invested millions of dollars in new machinery and automation. Their production workforce has grown 45% since the end of 2020.  In addition, parent company A.Y. McDonald Industries built a 100,000 square foot warehouse to house finished goods and maintenance supplies to free up additional manufacturing space in the 3 existing A.Y. McDonald Mfg. Co. factories.  
     
  • Cerro Flow Products, an Illinois-based pipe manufacturer that is part of the Marmon/Berkshire Hathaway Group – has 100% domestic manufacturing facilities and is currently looking to hire 23 individuals for good-paying union jobs as soon as possible at their Sauget facility. Cerro is also standing ready to add additional shifts at their primary mill, as well as utilize additional manufacturing capabilities at other Cerro sites as demand for water products increases due to federal investments. Cerro has also invested in new workforce development programs, additional upskilling for maintenance and electrical staff, and sponsors a tuition reimbursement program unique to the industry. 
     
  • Commercial Forged Products, an Illinois based company that does not normally make water parts, plans to invest $9 million in additional forging and ancillary equipment, while adding 15 new United Steelworker positions across multiple shifts, as well as hire 4 additional skilled machinists in its Bedford Park facility.
     
  • The Ford Meter Box Company, an Indiana-based company, is expanding its production capacity to meet private and public waterworks infrastructure demand in the long term, as well as lead service line replacement project needs in the near term. Ford has hired 40 new employees already this year, added new shifts, and invested in new equipment, all of which will increase production by 20%.  The construction of a new 300,000 sq. ft. state of the art foundry will be announced this summer, pending final site selection. The new facility, along with committed downstream manufacturing investment, will increase production an additional 42%. This nine-figure manufacturing investment is the largest expansion project in the company’s 125-year history. Additionally, the continued pursuit of a complementary “investment in people” includes a Manufacturing Support Specialist Program, a two-year training program to advance employees into salaried manufacturing, support, and administrative positions.
     
  • Mueller Water Products, an Atlanta-based company, has invested  approximately $150 million in three capital projects in recent years, expanding its U.S. production capacity due in part to the billions of dollars in water infrastructure investments made in the Bipartisan Infrastructure Law. The largest capital project is a new brass foundry located in Decatur, Illinois, which will significantly expand its capacity to produce products, including those commonly used in lead service line replacements. The new foundry, which will replace an existing aging facility, uses a state-of-the-art brass alloy to eliminate dependence on imported Bismuth from China and increases recyclability.  The new foundry – expected to be fully online by 2024 and employ United Steelworkers – and other production improvements are also expected to increase Mueller’s production capacity for brass and other water infrastructure products. Mueller already employs about 465 United Steelworkers in Decatur, and the firm’s investments will help replace 100% of lead service lines and deploy the largest single investment in U.S. water infrastructure.
     
  • Quality Steel Products, a Michigan-based firm that previously did not make components in the water space, has committed to expand its business to meet upcoming demand by adding employees and additional shifts, investing millions of dollars in new forging presses and equipment, induction furnaces, transformers and capital improvement process.

Through historic levels of funding from President Biden’s Bipartisan Infrastructure Law and American Rescue Plan, annual appropriations, and harnessing a variety of tools across federal, state, and local government, the Biden-Harris Administration is delivering tangible progress on the groundbreaking Biden-Harris Lead Pipe and Paint Action Plan to replace all lead service lines in America in the next decade.
 
All Bipartisan Infrastructure Law investments are subject to the Build America, Buy America Act, which requires iron, steel, manufactured products and construction materials used in infrastructure projects to be produced in the United States. President Biden’s Investing in America agenda is revitalizing American manufacturing, including in once hollowed out communities, and creating good-paying jobs across the country. Under President Biden’s manufacturing boom, nearly 800,000 new manufacturing jobs have been created, and private sector companies have announced over $480 billion in manufacturing and clean energy investments since President Biden took office. This week’s announcements provide further evidence his approach to industrial policy is creating good jobs and rebuilding our manufacturing capacity while ensuring every family can access clean, safe drinking water. 

Biden Administration, Health Care, Immigration-Migration-Refugees

FACT SHEET: Biden Announces Plan to Expand Health Coverage, Support to DACA Recipients

This fact sheet on President Biden’s plan to expand health coverage and other support to DACA recipients was provided by the White House:

In 2012, President Obama and then Vice President Biden announced the Deferred Action for Childhood Arrivals (DACA) program to allow young people to live and work in the only country they know as home.  Over the last decade, DACA has brought stability, possibility, and progress to more than 800,000 Dreamers. 
 
President Biden believes that DACA recipients strengthen our economy and enrich our workplaces, our schools and communities, and our country as a whole. That’s why on his first day in office, he called on Congress to give Dreamers a pathway to citizenship and he has repeated that call every State of the Union address since. While Congress has failed to act, the Biden-Harris Administration has taken significant measures to protect Dreamers. This includes, issuing regulations by the Department of Homeland Security to “preserve and fortify” DACA and fighting political opponents in court as they attempt to strip them of the only home they have ever known.
 
The Biden-Harris Administration is committed to providing Dreamers the opportunities and support they need succeed. President Biden is announcing  a plan to expand health coverage for DACA recipients. The Department of Health and Human Services will shortly propose a rule amending the definition of “lawful presence,” for purposes of Medicaid and Affordable Care Act coverage, to include DACA recipients. We recognize that every day counts, and we expect to get this done by the end of the month. If finalized, the rule will make DACA recipients eligible for these programs for the first time.  Under the proposed rule, DACA recipients will be able to apply for coverage through the Health Insurance Marketplace, where they may qualify for financial assistance based on income, and through their state Medicaid agency.  Like all other enrollees, eligibility information will be verified electronically when individuals apply for coverage.
 
President Biden and Vice President Harris believe that health care should be a right, not a privilege. Together, they promised to protect and strengthen the ACA and Medicaid, lowering costs and expanding coverage so that every American has the peace of mind that health insurance brings.  The President’s announcement gives DACA recipients that same opportunity, as the Administration continues to urge Congress to provide a pathway to citizenship to Dreamers, providing them the ultimate peace of mind they need and deserve.  
 
While we wait for Congress to act, and although there are some restrictions on the availability of benefits for DACA recipients, DACA recipients should take note of the numerous Federal programs, opportunities, and resources that have been and continue to be available to them:

Experiential Learning, National Service, and Employment Opportunities:

  • AmeriCorps VISTA Program. DACA recipients are eligible to serve in the AmeriCorps VISTA program, which provides participants with an opportunity to assist local organizations in alleviating poverty. Participants serve in a full-time position for one year and earn related benefits such as a living allowance, professional development and training, and a cash stipend.[1] Find a VISTA service opportunity here.
     
  • Outdoor Programs. DACA recipients have access to a range of outdoor programming, environmental education, and volunteer service programs in their communities and across the country. These include Every Kid Outdoors, the Scout Ranger Program, and the Healthy Parks, Healthy People program as well as the YMCA-National Parks Service partnership, including the Bringing Youth Outdoors Together Summer Camp Program.
     
  • American Job Centers. DACA recipients with work authorization can access many programs within American Job Centers, which help job seekers obtain employment and training to further their careers. American Job Centers provide counseling, skill and ability assessments, and advice on in-demand jobs and potential training opportunities. Locate an American Job Center here.
     
  • Job Corps. DACA recipients with work authorization may qualify for Job Corps, a no-cost education and vocational training program administered by the U.S. Department of Labor, which helps individuals ages 16-24 improve the quality of their lives by empowering them to secure good jobs and become independent. Job Corps students have access to room and board while they learn skills in specific training areas. Learn more about Job Corps here.
     
  • YouthBuild. DACA recipients with work authorization may qualify for YouthBuild, a pre-apprenticeship program for certain individuals ages 16-24. At YouthBuild’s 275 locations across the country, participants learn vocational skills in construction and other in-demand industries—including health care, information technology, and hospitality—while also earning their high school or equivalent degree, preparing them for opportunities such as college, Registered Apprenticeships, and employment. Information on YouthBuild is here.
     
  • National Farmworker Jobs Program. DACA recipients with work authorization who are engaged in agricultural work may benefit from the National Farmworker Jobs Program (NFJP), which offers services for migrant and seasonal farmworkers and certain family members within the network of American Job Centers. Career Services and Training grants can help farmworkers gain skills, advance in agricultural jobs, or find employment in new industries. Housing grants assist farmworkers in finding safe and sanitary permanent or temporary housing. Access NFJP resources here.
     
  • ARP Good Jobs Challenge. The Economic Development Administration’s American Rescue Plan: Good Jobs Challenge within the U.S. Department of Commerce is an investment in high-quality, locally led workforce systems to expand career opportunities and good-paying jobs for American workers, including DACA recipients, to achieve economic mobility and security. Awards under the Good Jobs Challenge have been granted to diverse worker-centered training partnerships and systems across the country spanning 31 states and Puerto Rico. The program also focuses on removing systemic barriers to employment through support services such as childcare, transportation, and paid on-the-job training opportunities. Access Good Job Challenge resources here.
     
  • Dept. of Education Resources. The Department of Education has a Resource Guide for schools, colleges, and teachers to support the to support the educational and career success of DACA recipients in secondary and postsecondary education, as well as comprehensive educational resources for DACA students available here.

Assistance with Renting or Purchasing a Home:

  • FHA Financing. DACA recipients are eligible to apply for Federal Housing Administration (FHA) insured financing for FHA Title II Single Family forward mortgage programs. FHA programs insure private loans made by FHA-approved lenders and FHA-backed loans can help reduce down payments for a home or condominium.
     
  • Housing, Rental, and Credit Counseling Services. DACA recipients can receive free or low-cost advice on buying a home, renting, preventing default, avoiding mortgage default and foreclosure, transitioning from homelessness, budgeting or through HUD-approved housing counseling agencies. Locate a HUD-approved housing counseling agency here or by calling 800-569-4287. Services are available in many languages, including Spanish, Korean, Portuguese, and Mandarin Chinese.

Tax Credits, Financial Education and Consumer Protection:

  • Tax Credits. DACA recipients may be eligible for tax credits, including the Child Tax Credit, Earned Income Tax Credit, and other child care, and education tax credits. The Internal Revenue Service (IRS) also provides in-depth tax information for immigrants including an immigrant tax guide, and a residency and tax law overview.
     
  • CFPB Resources. The Consumer Financial Protection Bureau (CFPB) provides detailed, targeted consumer tools, financial education resources in Arabic, Chinese, Korean, Russian, Spanish, Tagalog,  Vietnamese, and plain language publications to assist all individuals, including DACA recipients, in making informed financial decisions. CFPB can help answer hundreds of financial questions including questions on loans, credit, bank accounts, debt collection, and more.
     
  • Consumer Complaints. Consumers, regardless of immigration status, may submit a complaint through CFPB about financial products and services offered by companies, including checking and savings accounts, credit cards, debt collection and settlement, money transfers, virtual currency and more. Most companies respond within 15 days. Complaints can be submitted online or by phone and interpreting services are available by phone in 180 languages.
     
  • CFPB Immigrant Initiative. CFPB recently-launched an engagement and policy initiative aimed at using the Bureau’s tools and authorities to support immigrant families in accessing opportunities to build wealth and contribute to their communities. If you or your family have an experience to share about financial barriers faced by immigrants, please share your story.
  • FTC Consumer Alerts. All individuals can monitor current and past consumer scams through the Federal Trade Commission’s Consumer Alerts system. Sign up here to receive alerts about the latest scams FTC has identified.

Health and Well-Being:

  • HRSA Health Centers. DACA recipients can access health care through Health Resources & Services Administration (HRSA) Health Centers, which provide affordable, accessible, quality primary health care to patients regardless of ability to pay, insurance status, or immigration status. HRSA Health Centers are located in every state, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and the Pacific Basin. Locate a Health Center here.
     
  • Emergency Medicaid. DACA recipients may be eligible for emergency Medicaid. Emergency Medicaid pays for emergency medical treatment for people who meet Medicaid eligibility requirements in their state, but do not meet Medicaid’s citizenship and immigration status requirements. 
     
  • Public Health Programs. DACA recipients can also access public health programs that provide certain immunizations or treatment of communicable diseases.
     
  • Pregnancy and Breastfeeding Support. MotherToBaby, a program funded by HRSA, provides expert, confidential, and no-cost information about the impact of medications, drugs, or other exposures during pregnancy and breastfeeding. DACA recipients and their families can access these services, which are provided in English and Spanish, through the organization’s website, by calling 866-626-6847, or texting 855-999-3525.
     
  • Maternal Mental Health Support. The National Maternal Mental Health Hotline (1-833-943-5746) provides free, confidential, 24/7 emotional support, resources, and counseling referrals to pregnant and postpartum individuals facing mental health challenges, and their loved ones. Support is available over the phone and text in English and Spanish. Interpreter services are available in 60 additional languages and a relay service is available for people who are deaf or hard-of-hearing.
     
  • Special Health Needs. Family-to-Family Health Information Centers (F2F HICs) are located in all 50 States and U.S. territories and provide support, information, resources, and training for families of children and youth with special health care needs, including on specific health issues, family-centered care, and shared decision making (SDM). Find an F2F center in your area here.
     
  • Nutrition Assistance. The Special Supplemental Nutrition Program for Women, Infants and Children (WIC) provides pregnant, postpartum and breastfeeding individuals, as well as infants and children under 5, with food, nutrition and breastfeeding education, and referrals to health and social services. Eligibility is determined by categorical, residential, income, and nutrition risk requirements. Learn how to apply for WIC here or by calling a state, toll-free number found here.

Military Veterans and Active-Duty Servicemember Resources:

  • Veterans Benefits.  The Department of Veterans Affairs provides benefits and other assistance to all eligible Veterans regardless of their immigration status. More information for Veterans, their families, caregivers, and survivors is available here or can be accessed by calling 1-800-MyVA411 (1800-698-2411) which is available 24 hours a day, 365 days a year.
  • Free Legal Assistance. All active-duty military personnel and their dependents, as well as certain Reserve and National Guard Soldiers and retirees, are eligible for free legal assistance, including immigration and naturalization legal services. More information on Air Force Legal Assistance is available here, Army Legal Assistance here, Navy and Marine Legal Services here, and Coast Guard Legal Services here.
Civil Rights, Health Care, Wp,em

In Wake of Attacks on Abortion Access, New York State Leaders Vow to Protect Reproductive Rights

Women’s marches, rallies and protests have been taking place across the country, against the most extreme attack on women’s reproductive freedom since the right-wing ideologues on the Supreme Court overturned the 50-year precedent of Roe v. Wade, including one in front of Nassau County’s courthouse in Mineola, Long Island. “Screw the courts and legislature! I am not an incubator!” © Karen Rubin/news-photos-features.com

By Karen Rubin, News-Photos-Features.com

Imagine if Lee Zeldin, the Republican former Long Island Congressman, had won election to become New York’s Governor. His lame claim he would not “change” existing abortion law would have been no guarantee he would not have gone along with the abortion bans taking hold in other states dominated by Republicans. He likely would have instructed his Health Commissioner to pull abortion medication, the preferred method of providing abortion as well as miscarriage care used in 54 percent of procedures. Zeldin would not have stood up for women’s reproductive rights, or stepped up the state’s ability to provide care for women, now fugitives from their own states, desperate to access reproductive care.

But New York State’s leadership is dominated not just by Democrats who have been steadfast in upholding women’s rights and preventing women from being denied their autonomy, their agency, their reproductive freedom and ability to make health decisions to save their own life, but by women in key roles: Governor Kathy Hochul, Attorney General Letitia James, US Senator Kirsten Gillibrand, Senate Majority Leader Andrea Stewart-Cousins, who this weekend, came together to vow to continue fighting to protect abortion rights – only a year ago, taken for granted.

In the wake of multiple attacks on abortion access, including a federal ruling by a single Amarillo, Texas ideological judge (a Trump appointee) restricting access to abortion medication and Florida’s passage of a six-week abortion ban (up until then, with a 15-week ban that made Florida, the last Southern state women could obtain care), New York began stockpiling 150,000 doses of misoprostol. Misoprostol is the second drug in the two-drug regime, the safest, most efficient, with the least amount of adverse side effects, but if the Supreme Court affirms the Texas decision (and goes against the Washington state judge’s decision), misoprostol can be used alone, in higher doses, with much greater discomfort, side effects and possible adverse effects.

Since the United States Supreme Court issued the Dobbs decision last year, stripping away reproductive rights from millions, Governor Hochul has led the fight to ensure accessibility for all who seek abortion care. In addition to creating a nation-leading $35 million fund to support abortion care, Governor Hochul worked with the Legislature to pass six new nation-leading laws to protect and support providers and patients.     

Governor Hochul earlier this week announced that the State will stockpile the abortion medication Misoprostol as part of ongoing efforts to protect access to abortion. At the Governor’s direction, the New York State Department of Health will immediately begin purchasing Misoprostol in order to stockpile 150,000 doses, a five-year supply, in order to meet anticipated needs. Governor Hochul also announced that if the abortion medication Mifepristone is taken off the market, the State will commit up to an additional $20 million to providers to support access to other methods of care.    

To further safeguard access to abortion medication, Governor Hochul is also working with the Legislature on new legislation to require private insurers to cover Misoprostol when it’s prescribed off-label for abortion and to ensure that no provider is charged increased medical malpractice coverage rates or loses coverage due to prescribing Misoprostol off-label.   

In addition to stockpiling abortion medication, Governor Hochul has also proposed several actions to protect access to abortion care and support abortion providers as part of her proposed FY 2024 Executive Budget, including expanding abortion access on SUNY and CUNY campuses. 

“This has been a dark week for women across the country,” Governor Hochul said. “While anti-choice extremists believe that they should decide what is best for your own health, I will never stop fighting back – standing shoulder to shoulder with our federal, state and local partners — to ensure that abortion remains safe, legal and accessible in our state. For anyone who needs access to reproductive health care, New York will always welcome you with open arms.”

Long Islanders rally for reproductive rights. “keep Your Theology Outta My Biology” © Karen Rubin/news-photos-features.com

“Here in New York, we believe that when it’s your body, it should always be your choice,” Attorney General Letitia James said. “While male judges and governors across the country attempt to revoke the right to choose, we remain fierce in our protection of New Yorkers’ bodily autonomy, and will do everything in our power as the leaders of this great state to ensure everyone gets the care they need. I am grateful to Governor Hochul for her leadership in protecting access to abortion, and we will continue to work together in defense of reproductive freedom for all who live and travel here.”

Senator Kirsten Gillibrand said,”Reproductive freedom and women’s bodily autonomy is under attack nationwide, which is why New York has taken strong action to protect the rights of patients, to empower reproductive health care providers, and to remain a safe haven for those seeking reproductive health care. I am grateful to have partners like Governor Hochul, Attorney General James and Majority Leader Stewart-Cousins in this fight. Everyone should have the right to make decisions about their own bodies and what is best for their families and their own reproductive health and I’m committed to doing everything in my power to find additional legislative solutions to protect access to reproductive health care.”

“The Senate Democratic Majority is committed to protecting reproductive rights and ensuring equitable access to comprehensive reproductive health care,” said Senate Majority Leader Andrea Stewart-Cousins. “We have achieved significant milestones, including passing the historic Reproductive Health Act and enacting sweeping legislation in response to the overturning of Roe v. Wade. New York also proves that when you have women in leadership who understand the impacts on the ground of these issues, real actions are taken to protect our rights. That is why I created the first Senate Committee on Women’s Issues, chaired by Senator Lea Webb, to help drive these efforts. We will continue to work with Governor Hochul and our allies in government to guarantee New York State remains a beacon for reproductive justice.”

“From before the original Roe decision, New York State has been a leader in protecting the rights of all people to make their own reproductive healthcare decisions,” State Senator Liz Krueger stated. “The majority of Americans agree that abortion is healthcare – and when abortion is on the ballot and Americans are given a choice, they choose reproductive freedom. But right-wing extremists in the courts, in governor’s mansions, and in legislatures around the country are intent on ignoring the American people to ram through their misogynistic forced-birth agenda. New York State must and will do all we can to ensure we protect the rights of New Yorkers and those who come here for reproductive healthcare treatment.”

Assemblymember Karines Reyes added, “I applaud Governor Hochul and Attorney General James for their leadership, as women’s fundamental rights and access to abortion medications are under attack. These actions are great first steps to countering the recent federal court rulings that critically threaten the health and well-being of New Yorkers. I look forward to collaborating with them, as these policies are implemented and on the development of new policy goals that will ensure full access to reproductive health care for all who call our state home.”

Women March, Rally, Protest Across the Country

Meanwhile, over the weekend there were women’s marches, rallies and protests across the country, including a small one in front of Nassau County’s courthouse in Mineola, Long Island,

A woman who brought her young daughter, both wearing t-shirts with variations of “My body, my choice,” commented, “this is the first generation in this country to have fewer rights than the generation before.”

A pharmacist who brought her young daughter to the rally in front of the Nassau County Courthouse reflected, “This is the first generation in this country to have fewer rights than the generation before.” © Karen Rubin/news-photos-features.com

A pharmacist, she said, the decision by the Amarillo, Texas judge, ignoring evidence and more than two decades of use in overruling the FDA’s approval of mifepristone, added, “This particular judgment weighs heavily on me. Big Pharma spent so much in donations to the conservative party – they didn’t anticipate how extreme some in the party would be. The system set in place is supposed to use clinical evidence, testing, science and peer review to make sure a medication is healthy and safe.”

Big Pharma Files Amicus Brief in Defense of FDA

Indeed, following the Northern District of Texas’ decision in Alliance for Hippocratic Medicine v. FDA, a group of dozens of pharmaceutical companies and executives from across the United States filed an amicus brief with the Supreme Court of the United States in support of the FDA’s independent process to review and approve drugs.

In the brief, the amici argue that the Northern District of Texas “unreasonably second-guessed FDA’s sound and reasonable scientific decisions and misapplied applicable legal requirements.” The brief also notes that “FDA’s drug review process is recognized as the gold standard worldwide, assuring patients that the drugs they take are safe and effective.” Key arguments in the brief:

  • “Congress made clear that FDA is the expert when it comes to evaluating the safety and efficacy of drugs. For decades, biopharmaceutical companies, healthcare providers, patients, and other stakeholders have relied on FDA’s expert judgments on drug approval, labeling, and post-approval marketing requirements. Indeed, biopharmaceutical companies invest tens of billions of dollars every year against the regulatory backdrop that Congress established.”
  • “The rulings below strike a severe blow to this settled regulatory framework, and the investments that hinge upon it. Indeed, the district court’s ruling one week ago marked the first time in the agency’s nearly century-long history that any court had nullified an FDA approval by second-guessing a safety-and-effectiveness determination.”
  • “And it is also problematic becauseit would disrupt the stability of the Nation’s market for medical treatment— threatening to allow limitless litigation aimed at overturning FDA’s expert drug approval decisions. That prospect of expansive litigation would undermine incentives for the biopharmaceutical industry’s investments in drug discovery and development.”

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© 2023 News & Photo Features Syndicate, a division of Workstyles, Inc. All rights reserved. For editorial feature and photo information, go to www.news-photos-features.com, email [email protected]. Blogging at www.dailykos.com/blogs/NewsPhotosFeatures. ‘Like’ us on facebook.com/KarenBRubin, Tweet @KarenBRubin

Biden Administration, Civil Rights, Gender Equity, Health Care, News & Photo Features

FACT SHEET: Biden-Harris Administration Announces Actions to Protect Patient Privacy at the Third Meeting of the Task Force on Reproductive Healthcare Access

New Yorkers protest for reproductive rights. The Biden-Harris administration is taking steps to protect the privacy of women seeking reproductive healthcare and their providers. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions. © Karen Rubin/news-photos-features.com

The White House provided this fact sheet of actions the Biden-Harris Administration is taking to protect patient privacy in the wake of the assault on women’s access to reproductive health care:

Today, the Biden-Harris Administration will announce new actions to safeguard patient privacy at the third meeting of the Task Force on Reproductive Healthcare Access with Vice President Harris. These announcements build on actions that the Administration has taken to protect privacy and access to accurate information in the wake of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, as the President directed in his first Executive Order to protect access to reproductive health care, including abortion. Efforts to protect sensitive health information, including related to reproductive health care, have taken on renewed importance, as states seek to penalize and criminalize health care providers and interfere in deeply personal medical decisions.

At the meeting, the Cabinet will discuss their ongoing efforts to defend reproductive rights and support access to reproductive health care more broadly. The Task Force will also discuss updates on the Administration’s response to Alliance for Hippocratic Medicine v. FDA, as well as efforts to implement the Presidential Memorandum on ensuring safe access to medication abortion, which has been approved by the Food and Drug Administration as safe and effective for over two decades.

Today, the Administration announced actions to:

  • Strengthen Reproductive Health Privacy under HIPAA. The Department of Health and Human Services (HHS) is issuing a Notice of Proposed Rulemaking to strengthen privacy protections under the Health Insurance Portability and Accountability Act (HIPAA). This rule would prohibit doctors, other health care providers, and health plans from disclosing individuals’ protected health information, including information related to reproductive health care, under certain circumstances. Specifically, the rule would prevent an individual’s information from being disclosed to investigate, sue, or prosecute an individual, a health care provider, or a loved one simply because that person sought, obtained, provided, or facilitated legal reproductive health care, including abortion. By safeguarding sensitive information related to reproductive health care, the rule will strengthen patient-provider confidentiality and help health care providers give complete and accurate information to patients.                                              
  • Protect Students’ Health Information. The Department of Education (ED) is issuing guidance to over 20,000 school officials to remind them of their obligations to protect student privacy under the Family Educational Rights and Privacy Act (FERPA). The guidance helps ensure that school officials—including those at federally funded school districts, colleges, and universities—know that, with certain exceptions, they must obtain written consent from eligible students or parents before disclosing personally identifiable information from students’ educational records, which may include student health information. The guidance encourages school officials to consider the importance of student privacy, including health privacy, with respect to disclosing student records. ED is also issuing a know-your-rights resource to help students understand their privacy rights for health records at school.  
  • Support Consumer Privacy. The Federal Communications Commission (FCC) is launching a new guide for consumers on best practices for protecting their personal data on mobile phones. The guide also explains how existing FCC requirements protect against the disclosure of consumers’ sensitive information, including geolocation data, which can be especially important in the context of accessing reproductive health care. The guide follows a recent Notice of Proposed Rulemaking issued by FCC that is aimed at updating and strengthening data breach rules to provide greater protections to personal data. 
  • Safeguard Patients’ Electronic Health Information. HHS is issuing guidance affirming that doctors and other medical providers can take steps to protect patients’ electronic health information, including their information related to reproductive health care. HHS will make clear that patients have the right to ask that their electronic health information generally not be disclosed by their physician, hospital, or other health care provider—including to other health care providers. The guidance also reminds health care providers that HIPAA’s privacy protections continue to apply to patients’ electronic health information.

The Administration also announced related efforts to provide access to accurate information and bolster data related to women’s health more broadly:

  • Leverage Maternal Health Data to Address Disparities. FCC is committing to the swift implementation of the Data Mapping to Save Moms’ Lives Act, which directs FCC, in coordination with the Centers for Disease Control and Prevention, to incorporate publicly available data on maternal mortality and morbidity into its Mapping Broadband Health in America platform. This innovation will support women’s health by informing efforts to expand broadband access—including access to telehealth—in areas with poor maternal health outcomes. This builds on the Administration’s work to improve maternal health and address long-standing disparities, including those spotlighted this Black Maternal Health Week. FCC will continue to explore opportunities to improve research, data collection, data analysis, and interpretation in the context of reproductive health care and maternal health outcomes. 
  • Promote Accurate Information About Reproductive Care. HHS is announcing that it will issue a new Notice of Funding Opportunity to establish a safe and secure national hotline to provide referral services to women in need of accurate information about their legal reproductive health care options. The nondirective hotline would provide information to patients served by the Title X family planning program who request information related to prenatal care and delivery; infant care, foster care, or adoption; or pregnancy termination.

Today’s announcements build on previous actions to protect patient privacy and access to accurate information. The Administration has taken action to:

  • Prevent Illegal Use and Sharing of Sensitive Health Information. The Federal Trade Commission (FTC) has committed to enforcing the law against illegal use and sharing of highly sensitive data, including information related to reproductive health care. Consistent with this commitment, the FTC recently took first-of-its-kind enforcement action against companies for disclosing consumers’ personal health information without permission to Facebook, Google, and others. The FTC has also urged companies to consider that sensitive data is protected by numerous state and federal laws and that claims that data is “anonymous” are often deceptive. 
  • Reinforce Existing Protections under the HIPAA Privacy Rule. Immediately after Dobbs, HHS issued guidance to help ensure doctors and other health care providers and health plans know that, with limited exceptions, they are not required—and in many cases, are not permitted—to disclose individuals’ health information, including to law enforcement. This guidance, which helps protect individuals seeking or receiving reproductive health care, remains in effect while today’s rulemaking is underway. The Notice of Proposed Rulemaking noted above would further strengthen privacy protections under the HIPAA Privacy Rule. 
  • Protect Individuals’ Health Information Online. HHS issued a bulletin to affirm that HIPAA’s privacy protections extend to the use of online tools offered by or on behalf of covered entities that collect protected health information through websites and mobile apps. These tools, such as “cookies” on a website, can be used to track online activity and information about website and app users, sometimes in ways that collect or reveal protected health information. This can include information about reproductive health care, such as the location of where an individual sought medical treatment. The bulletin makes clear that health care providers and health plans—as well as many of the entities that these organizations do business with—cannot use online tracking tools or share patient information with third parties in a way that violates HIPAA.
  • Help Consumers Protect Their Personal Data. HHS issued a how-to guide for consumers on steps they can take to make sure they are protecting their personal data on personal cell phones or tablets. HHS also provided tips for protecting individuals’ privacy when using mobile health apps, like period trackers. This resource helps ensure that consumers have the information they need to better protect their health information when it is accessed or stored on their personal cell phones or tablets, which are generally not protected under HIPAA.  
  • Promote the Privacy of Service Members. The Department of Defense issued an updated policy to provide Service members with time and flexibility to make private health care decisions while accounting for the responsibility placed on commanders to meet operational requirements and protect the health and safety of those in their care. This policy standardized the timeframe for Service members to inform their commanders about a pregnancy, generally allowing Service members until up to 20 weeks of pregnancy to notify their commanders of their pregnancy status, with limited exceptions to account for specific military duties, occupational health hazards, and medical conditions. 
  • Provide Access to Accurate Information and Legal Resources. On the day of the Supreme Court’s Dobbs 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 promotes 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. DOJ also launched justice.gov/reproductive-rights, a webpage that provides a centralized online resource of the Department’s work to protect reproductive freedom under federal law.
Biden Administration, Civil Rights, Health Care, News & Photo Features

Federal, State Efforts to Protect Access to Medication Abortion

New Yorkers protest for reproductive freedom. The Biden administration announced new actions to protect access to medication abortion. New York Governor Kathy Hochul is one of the governors announcing their state will stockpile medication.  © Karen Rubin/news-photos-features.com

Efforts are underway at the federal and state level to protect women’s reproductive rights. This is a fact sheet from the White House on Biden-Harris Administration’s efforts to protect access to medication abortion:

Addressing the Interagency Task Force on Reproductive Healthcare Access, Vice President Kamala Harris said, “We are having an experience where the women of America in particular have been in a state of fear about what this means for them, what this means for the people they love. 
 
“We are looking at a situation in our country where healthcare providers — most of whom have had a calling to do the good and important work of taking care of other people — are in fear of losing their licenses and, worse, even being prosecuted and criminalized for the work that they do that is about providing healthcare for people in our country.

“I have met, for example, with a woman by the name of Amanda, who talked with me — I met with she and her husband — about how when she was pregnant, she then had suffered a miscarriage and three times went to seek medical care and was denied because of the healthcare provider’s fear that they would be prosecuted or in some way penalized for helping her through her miscarriage, and only helped her when she got to the point where she had sepsis — a life-threatening situation. 
 
“I have met with and talked with doctors who are in fear of losing their license, of being prosecuted, and of this situation actually having an impact on the relationships of trust that they have with their patients. 
 
“This indeed is a healthcare crisis in America.  And we have to acknowledge and understand it to be just that. 
 
“And then, five days ago, a district court in the state of Texas ruled to block access to abortion medication in every state in the country — in effect, if this ruling stands, creating what could very righteously be considered a nationwide ban, at least as it relates to what we believe to be half of the women who when seeking abortion care, receive it through abortion medication.
 
“So we have, in effect, a situation where politicians and politics have driven lawyers to go to a court of law where a judge who is not a medical professional is making a decision to undo the ruling 20 — over 20 years ago of the FDA that declared a specific medication safe and effective for the American people.
 
“So, one must appreciate that when we think about the integrity of our healthcare delivery systems and attacking the very credibility of the FDA on this one matter for the sake of politics and a political agenda, the wide-sweeping ramifications this can have. 
 
“And I’d ask every person who is aware of this to understand the implications of this ruling by just opening your medicine cabinet, because it is very likely that you rely on some type of medication prescribed by a doctor, approved by the FDA, to alleviate your health concerns and to improve your condition in life.
 
“So, the ramifications of this decision five days ago are wide-sweeping and, for that reason, require, we do believe, a very serious response.

“And again, I will state that our administration and our President, Joe Biden, has been very clear that we will stand to protect the integrity of the healthcare system in America and we will stand to protect those who have a right to be able to make decisions about their own body and their own life.”

Fact Sheet: Protecting Access to Medication Abortion

Protecting access to reproductive health care has been a priority since the beginning of the Biden-Harris Administration, made even more urgent by the Supreme Court’s decision to overturn Roe v. Wade. The President and Vice President are focused on ensuring access to mifepristone, which the FDA first approved as safe and effective to end early pregnancy more than twenty years ago and which accounts for more than half of abortions in the United States.  

Despite this decades-long safety record, a single court in Texas has taken the dangerous step of attempting to override FDA’s approval of medication abortion—which is used not only for abortion but also for helping women manage miscarriages. If this decision stands, it will put women’s health at risk and undermine FDA’s ability to ensure patients have access to safe and effective medications when they need them.

This lawsuit is part of broader efforts to ban abortion nationwide and to prevent women from making their own decisions about their own bodies without government interference.

The Administration is fighting this ruling in the courts, and stands by FDA’s scientific and evidence-based judgment that mifepristone is safe and effective. Shortly after the ruling last Friday, the Justice Department filed a notice of appeal to the Fifth Circuit and sought a stay of the injunction pending appeal. A wide range of stakeholders, including FDA scholars, leading medical organizations, and pharmaceutical companies, have expressed their support for maintaining access to this FDA-approved medication.

In addition to defending in court FDA’s ability to approve safe and effective medications, the Biden-Harris Administration has taken the following steps to protect access to medication abortion:

  • Elevating Medication Abortion in the Administration’s Response to the Dobbs Decision. On the day of the Supreme Court’s decision to overturn Roe v. Wade in June 2022, the President identified preserving access to medication abortion as one of two key priorities to guide the Administration’s immediate response to the ruling. President Biden directed the Secretary of the Department of Health and Human Services (HHS) to ensure that mifepristone is as widely accessible as possible in light of the FDA’s determination that the drug is safe and effective. He also emphasized the need to protect access to medication abortion in the face of attacks and to stand with medical experts who have stressed that restrictions on medication abortion are not based in science. On the same day, the Attorney General made clear that states may not ban mifepristone, a drug used in medication abortion, based on disagreement with the FDA’s expert judgment about its safety and efficacy.
  • Issuing an Executive Order to Protect Access to Abortion, including Medication Abortion. In an Executive Order on Protecting Access to Reproductive Healthcare Services issued in July 2022, President Biden reiterated the importance of medication abortion and directed the Secretary of HHS to identify potential actions to protect and expand access to abortion care, including medication abortion. In response, HHS developed an action plan to protect and strengthen access to reproductive care and has made significant progress in executing this plan and protecting access to care nationwide.
  • Addressing Barriers to Accessing Care. In his second Executive Order on Securing Access to Reproductive and Other Healthcare Services issued in August 2022, President Biden addressed the challenges that women have faced in accessing prescription medication at pharmacies in the wake of Dobbs, including medication abortion, which is also used to manage miscarriages. These included reports of women of reproductive age being denied prescription medication at pharmacies—including medication that is used to treat stomach ulcers, lupus, arthritis, and cancer—due to concerns that these medications, some of which can be used in medication abortion, could be used to terminate a pregnancy. To help ensure access to medication, HHS issued guidance to roughly 60,000 U.S. retail pharmacies to emphasize their obligations under federal civil rights laws to ensure access to comprehensive reproductive health care services.
  • Directing Further Efforts to Ensure Safe Access to Medication Abortion. On what would have been the 50th anniversary of Roe v. Wade in January 2023, President Biden issued a Presidential Memorandum on Further Efforts to Protect Access to Reproductive Healthcare Services to further protect access to medication abortion. The Presidential Memorandum directed the Attorney General, the Secretary of the Department of Homeland Security, and the Secretary of HHS to consider new actions to protect the safety and security of patients, providers, and pharmacies who wish to legally access or provide mifepristone.

This Presidential Memorandum was issued in the face of attacks by state officials to prevent women from accessing mifepristone and discourage pharmacies from becoming certified to dispense the medication. These attacks, and the Presidential Memorandum, followed independent, evidence-based action taken by FDA to allow mifepristone to continue to be prescribed by telehealth and sent by mail as well as to enable interested pharmacies to become certified.

  • Engaging Medical Experts and Reproductive Rights Leaders to Underscore the Need for Medication Abortion. In February 2023, Vice President Harris convened a roundtable of leading medical experts and reproductive rights advocates to discuss how a court decision to invalidate the approval of mifepristone would affect patients and providers. Participants represented Physicians for Reproductive Health, American Medical Women’s Association, the Society of Family Planning, the American Academy of Family Physicians, Planned Parenthood of Metropolitan DC, the National Women’s Law Center, NARAL Pro-Choice America, the Center for Reproductive Rights, the American College of Obstetricians and Gynecologists, the ACLU, and Sister Song.

Meanwhile, several states including New York and Massachusetts are stockpiling abortion medication.

Governor Kathy Hochul delivered remarks at the Planned Parenthood of Greater New York’s virtual press conference on medication abortion rulings where she announced that the State will stockpile the abortion medication Misoprostol as part of ongoing efforts to protect access to abortion. At the Governor’s direction, the New York State Department of Health will immediately begin purchasing Misoprostol in order to stockpile 150,000 doses, a five-year supply, in order to meet anticipated needs.  

“When it comes to reproductive freedom in this country, we are right now facing historic, horrific setbacks,” Hochul said. “Just one year ago, women in this country had a constitutionally protected right to an abortion. And then in June with the Dobbs decision, we are forced to confront a painful reality that the fundamental rights that my grandmother’s generation had to fight for were stripped away with one decision. Now, the MAGA anti-abortion extremists, legislators, and judges alike are hell-bent on continuing down this path. They’re coming after all forms of reproductive health care. And they took their latest step just on Friday, with the ruling that’ll further limit access to Mifepristone and for millions of women across this country.  

“One judge in Amarillo, Texas thinks he knows better than thousands of doctors and scientists and experts. And not to mention the countless women who’ve used this medication safely for decades. This isn’t just an attack on abortion, it’s an attack on democracy. Courts have never before revoked a science backed decision made by the FDA. 

“And if this decision stands, it could have unprecedented consequences that reach far beyond abortion, threatening the FDA’s critical role in our country’s public health system. So, this moment calls for bold leadership at every level of government, and I’m glad the Biden Administration came out so strong against this ruling and we’ve been standing shoulder to shoulder with them. And at the State level here in New York, we’re not going to let one extremist judge turn back the clock on more than 20 years of safe, reproductive care. 

“New York has always been at the forefront of this fight. In the wake of the Dobbs Decision, we allocated $35 million to reproductive health care providers. We mandated all insurance companies doing business in New York cover abortion, and I signed a package of legislation protecting providers and our patients. And last year, the attacks were on abortion procedures. This year, medication abortion. What’s next? Contraception? Birth control? Well, I’m here to say, ‘Not New York. Not now, not ever’.”  

“So, last year we called an extraordinary legislative session. We took one step closer to passing New York’s Equal Rights Amendment. The ERA, as written, will enshrine abortion and contraception rights and protect all forms of reproductive healthcare in our state constitution. The ERA and these fundamental rights will be on the ballot next year. Once again, states have become the battleground on these fights and the latest steps to tear down these rights have only strengthened our resolve, so I’m proud to announce that New York State will create a stockpile of Misoprostol, another form of medication abortion.  

“Extremist judges have made it clear that they won’t stop at any one particular drug or service, so we are going to ensure that New Yorkers will continue to have access to medication abortion no matter what. 

“We’re also announcing that if this decision stands by this judge, we’ll dedicate up to $20 million more for reproductive health care providers beyond our current $35 million to support methods of access to other forms of care, including procedures. And we’re in conversations with the legislature right now about requiring private insurance to cover medication abortion as well when it’s prescribed off-label. 

“All this is in addition to actions we laid out in my proposed 2024 budget, which increases the Medicaid reimbursement rights for reproductive health services, provides more funding for providers, and allows pharmacists to prescribe birth control, as well as implementing data privacy protections and expanding abortion access on SUNY and CUNY campuses. 

“We’ll always protect access to reproductive health care and all individual rights here in New York – it’s part of our legacy. And in fact, abortion was legal here in New York three years before Roe v. Wade was even decided. So, as long as I’m governor, New Yorkers will have access to the care they need when they need it. And we’ll continue to open our arms to all people seeking freedoms and autonomy. And it’s important that we’re still fighting this fight yet again. But here we are with all of you, our partners, suiting up for battle, in partnership. Let’s continue and let’s win this fight.”

Economy, Health Care, Obamacare

Congressional Republicans Push to Repeal the Affordable Care Act and Slashing Medicaid – Here’s How You Would Be Impacted if They Succeed

The White House is piercing the secrecy, backroom plans of Congressional Republicans to yet again, repeal the Affordable Care Act (Obamacare) and slash Medicaid, under the guise of “balancing the budget”. Instead, the Republicans’ agenda would add $3 trillion to the national debt while leaving hundreds of millions living with the anxiety and insecurity of being without access to health care or destroyed by medical debt © Karen Rubin/news-photos-features.com

The White House is piercing the secrecy, backroom plans of Congressional Republicans to yet again, repeal the Affordable Care Act (Obamacare) and slash Medicaid, under the guise of “balancing the budget”. Instead, the Republicans’ agenda would add $3 trillion to the national debt while leaving hundreds of millions living with the anxiety and insecurity of being without access to health care or destroyed by medical debt. The Republicans’ policy goes against the grain of Americans who overwhelmingly support Obamacare, which has delivered record numbers of Americans who have health insurance. Repealing the ACA would thrust millions into the life-and-death insecurity of not having health insurance at all or finding health insurance unaffordable, the 100 million people who have “pre-existing conditions” (now likely 200 million because of COVID), also being uninsurable by the for-profit insurance industry. Likewise, slashing Medicaid would not only leave millions, including millions of children, without health care, but result in more hospitals shutting down. This fact sheet from the White House is issued in advance of President Joe Biden’s remarks from Virginia Beach:–Karen Rubin/news-photos-features.com

Speaker McCarthy and congressional Republicans have committed to balance the budget while adding $3 trillion or more to the deficit through tax cuts skewed to the wealthy and large corporations. As a matter of simple math, that requires trillions in program cuts. Congressional Republicans have yet to disclose to the American people where these cuts will come from. But past Republican legislation, budgets, and litigation, along with recent statements, proposals, and budget plans, provide clear evidence that health care will be on the chopping block for severe cuts.
 
Virtually every Republican budget or fiscal plan over the last decade has included repeal of the Affordable Care Act (ACA) and deep cuts to Medicaid. That would mean: higher health care costs for tens of millions of Americans; ending critical protections for people with pre-existing conditions; millions of people losing health coverage and care; and threats to health care for seniors and people with disabilities, including growing home care waiting lists and worse nursing home care.
 
The American people deserve to see congressional Republicans’ full and detailed budget plan, including what it cuts from the ACA and Medicaid, Social Security and Medicare, and other critical programs, and should have the chance to compare it with the President’s budget plan, which he will release March 9.
 
If Republicans are successful in repealing the Affordable Care Act and making deep cuts to Medicaid:
 
Millions of Americans Will Have Higher Health Care Costs

  • More than 100 million people with pre-existing health conditions could lose critical protections. Before the ACA, more than 100 million Americans with pre-existing health conditions could have been denied coverage or charged more if they tried to buy individual market health insurance. Republican repeal proposals either eliminate these protections outright or find other ways to gut them.
     
  • Up to 24 million people could lose protection against catastrophic medical bills. Before the ACA, insurance plans were not required to limit enrollees’ total costs, and almost one in five people with employer coverage had no limit on out-of-pocket costs, meaning they were exposed to tens of thousands of dollars in medical bills if they became seriously ill.
     
  • Tens of millions of people could be at risk of lifetime benefit caps. Prior to the ACA, 105 million Americans, mostly people with employer coverage, had a lifetime limit on their health insurance benefits, and every year up to 20,000 people hit that cap and saw their benefits exhausted just when they needed them most.
     
  • Millions of people could lose free preventive care. The ACA requires private health insurers to cover preventive services, like cancer screenings, cholesterol tests, annual check-ups, and contraceptive services, at no cost. Before these requirements were in place, millions of Americans with health insurance faced cost sharing – sometimes high costs – for these services, which is part of why the ACA resulted in increased use of critical preventive care.
     
  • Over $1,000 average increase in medical debt for millions covered through Medicaid expansion. Repealing the ACA, in particular the expansion of Medicaid to low-income adults, would reverse major gains in financial security. Within the first two years of the ACA’s expansion of Medicaid, medical debt sent to collection agencies dropped by $3.4 billion, and there were 50,000 fewer medical bankruptcies. Among people gaining coverage through expansion, medical debt fell by an average of over $1,000. Expansion states also saw significant drops in evictions compared to non-expansion states.
     
  • Tens of millions of people could see their prescription drug coverage scaled back. Prescription drug coverage is an optional benefit under Medicaid. If states faced large cuts to their federal Medicaid funding, millions of Medicaid enrollees could see their coverage scaled back or have a harder time getting their prescriptions because of extra red tape.

 Millions of Americans Will Lose Their Health Insurance

  • 40 million people’s health insurance coverage would be at risk. Over 16 million people have signed up for ACA marketplace coverage for 2023, over 22 million people are enrolled in Medicaid expansion coverage available due to the ACA, and another 1 million people have coverage through the ACA’s Basic Health Program. The total number of people with some form of ACA coverage has risen significantly since 2017, when the Congressional Budget Office estimated the House-passed repeal bill would grow the ranks of the uninsured by 23 million.
     
  • An additional 69 million people with Medicaid could lose critical services, or could even lose coverage altogether. Slashing federal funding for Medicaid would force states to make Medicaid eligibility changes that would make it harder to qualify for and enroll in Medicaid coverage. States would also likely consider capping or limiting enrollment, cut critical services, and cut payments rates, making it harder for people with Medicaid to access care.
     
  • Thousands more preventable deaths each year. The ACA Medicaid expansion is preventing thousands of premature deaths among older adults each year, research finds, likely because it improves access to care, including medications to control chronic conditions and preventive care such as cancer screenings. ACA marketplace coverage also prevents premature deaths.

 Worse Care for Seniors and People With Disabilities

  • Over 7 million seniors and people with disabilities could receive worse home care, with ballooning wait lists for those still in need. The number of people on home care wait lists has dropped by 20 percent since 2018. This progress would likely be reversed under a block grant or per-capita cap because there would be fewer dollars available for home care services, an optional benefit in Medicaid. Faced with large federal funding cuts, states would almost certainly ration care. That would likely mean wait lists for home care in the 13 states and DC that don’t currently have them, and skyrocketing wait lists in 37 states that do.
     
  • Hundreds of thousands of nursing home residents would be at risk of lower quality of care. Over 60 percent of nursing home residents are covered by Medicaid. With large cuts in federal funding, states would be forced to cut nursing home rates to manage their costs, as many states have done during recessions. Research shows that when nursing homes are paid less, residents get worse care.

Millions of People Will Lose Access to Opioid Treatment and Mental Health Care

  • Millions of people could lose access to substance use treatment or mental health care. Across the country, the ACA, especially its expansion of Medicaid, has dramatically expanded access to opioid treatment and other substance use disorder care, including increases in medication assisted treatment prescriptions for opioid and other substance use treatment and improved access to mental health care.
     
  • 34 million children at risk of losing guaranteed access to mental health care. Past Republican plans proposed ending Medicaid’s guarantee of comprehensive health coverage for children. This would jeopardize children’s access to mental health care at a critical point in efforts to address the burgeoning youth mental health crisis. It would also cause children to go without other services, like annual check-ups and speech and physical therapy. And Republican proposals could endanger schools’ ability to bill Medicaid for mental health care, speech therapy, or physical therapy for students.

 Rural Hospitals Would Be Forced to Close

  • More of the over 500 rural hospitals at risk of closure could close. The ACA, especially its expansion of Medicaid, helped cut hospital uncompensated care by about $12 billion, helping hospitals, especially rural hospitals, stay afloat. Between 2010 and 2021, nearly three-fourths of rural hospital closures were in states that have not adopted Medicaid expansion, with research finding that expansion disproportionately improved rural hospital margins and helped avert rural hospital closures. If the ACA is repealed, and millions lose coverage, closures among at-risk hospitals could increase significantly.

Separate from all these quantifiable harms, Republican ACA and Medicaid plans propose abrupt, unprecedented upheaval, with consequences for the entire health care system. In 2017, patient groups, physicians, hospitals, insurers, insurance regulators, health care experts, and governors from both parties all expressed alarm that ACA repeals could have far-reaching consequences for the stability of health insurance markets and availability of affordable coverage and care.

House Republicans commit to radical ultra MAGA budget that takes health care from millions and increases costs:

Confirming President Biden’s warning that House Republicans are threatening to cause an unforced economic catastrophe unless they can make disastrous cuts that increase millions of American’s health care costs, the top House Republican on the Budget Committee now says outright that they are using a ultra MAGA plan to do just that.

House Budget Chairman Jodey Arrington says Republicans are modeling their budget off of a hard right proposal from former Trump OMB Director Russell Vought – a plan that calls for draconian cuts to the Affordable Care Act and Medicaid. This would deprive countless Americans of their health coverage, make the costs of health care skyrocket cross the board, cause a spike in the price of prescription drugs, and devastate rural hospitals.  

What sacrifices does Vought’s budget ask of rich special interests? None. And House Republicans simultaneously back enormous tax giveaways to the wealthy that economists warn would aggravate inflation.  

President Biden and the American people want to go in the opposite direction, building on the historic deficit reduction he has led by having the rich and big corporations pay their fair share and reduce the deficit by a further $2 trillion.

“In their own words, Congressional Republicans keep proving President’s Biden’s warnings to the middle class right,” said White House spokesperson Andrew Bates. “The House Republican leading their budget process now admits that the foundation of their approach will be a radical, ultra MAGA plan that takes health coverage away from millions of middle class families, causes health care and prescription drug costs to skyrocket, and devastates rural hospitals. And they’re threatening to intentionally plunge our economy into chaos and kill millions of jobs and businesses if they don’t get their way. Meanwhile, Republicans are pushing exorbitant tax welfare for rich special interests that would increase the deficit and worsen inflation. This is the definition of trying to force our economy to work from the top-down, when they should be joining with President Biden to keep rebuilding the American middle class.”  

Biden Administration, Economic Policies, Economy, Health Care

FACT SHEET: New Data Show 8.2 Million Fewer Americans Struggling with Medical Debt Under Biden Administration

The Consumer Financial Protection Bureau (CFPB) released a new report that shows that the number of Americans with medical debt on their credit reports fell by 8.2 million from the first quarter of 2020 to the first quarter of 2022 © Karen Rubin/news-photos-features.com

The Administration’s work to strengthen the Affordable Care Act along with new consumer protections lead to continued progress reducing the burden of medical debt.. This fact sheet is provided by the White House:

The Consumer Financial Protection Bureau (CFPB) released a new report that shows that the number of Americans with medical debt on their credit reports fell by 8.2 million from the first quarter of 2020 to the first quarter of 2022. Today’s report is consistent with a recent report from the Centers for Disease Control and Prevention (CDC) that found that the number of Americans who are part of families having trouble paying their medical bills declined by 5.5 million between 2020 and 2021. One driver of these declines is the significant increase in the number of insured Americans over this period, a result of the President’s strategy of protecting and strengthening the Affordable Care Act (ACA) and lowering health care costs. The decline also reflects continued actions by the CFPB to highlight problems with inaccurate reporting of debt in collections and put the industry on notice to correct their behavior.

The new data also underscore the importance of the Biden-Harris Administration’s government-wide initiative to reduce the burden of medical debt. Following the Vice President’s April 2022 announcement, medical debt was directly relieved for many low-income Americans. And, informed by research showing that medical debt is not a reliable predictor of financial health, federal agencies are working to eliminate the use of medical debt to assess creditworthiness for participation in government lending programs. Specifically:  

  • The Department of Veterans Affairs (VA) implemented a streamlined process to make it easier and faster for lower-income veterans to get their VA medical debt forgiven. The new process – establishing simple criteria to qualify for debt relief and launching a new online debt relief portal – has already provided relief to over 10,000 veterans and saved them more than $10 million in copay debt.
  • Communities across the country – from Cook County, Illinois, to Toledo, Ohio, to New Orleans, Louisiana, to Pittsburgh, Pennsylvania – are using or have passed legislation to use about $16 million American Rescue Plan (ARP) funding to purchase medical debt from hospitals and other sources and forgive it, wiping out nearly $1.5 billion in medical debt, a ratio of nearly 100-to-1. Other localities and states have proposed to make similar purchases using ARP funding.
  • The Federal Housing Finance Agency (FHFA) validated and approved the use of VantageScore 4.0, along with FICO 10T, for the underwriting of mortgages by Fannie Mae and Freddie Mac. The addition of VantageScore 4.0, which excludes medical debt entirely, marks the first time that a credit score that excludes medical debt has been approved for mortgage underwriting of Enterprise loans.
  • The Small Business Administration (SBA) will take a number of steps to reduce the role of medical debt in the underwriting of loans for its 7(a) guaranteed loan program, including revising its lender Standard Operating Procedures to discourage consideration of medical debt and making technology investments in Lender Match to help borrowers find lenders that exclude medical debt in their credit decisions.

These reductions in medical debt will provide real benefits to many Americans. Reducing medical debt directly impacts household finances by improving credit scores and access to credit. And research shows that households that have their medical debt relieved see improvements in access to medical care, and in physical and mental health outcomes. Since medical debt is disproportionally held among low-income communities, reductions in the burden of medical debt helps advance financial and health equity.
 
The CFPB report also shows that medical debt still accounts for more than 50% of debt in collections tradelines, exceeding the number of debt in collections tradelines from all other sources combined, including credit cards, personal loans, utilities, and phone bills. Getting sick or taking care of loved ones should not mean financial hardship for American families. That is why the Administration has—and will continue—to take action to ease the burden of medical debt and protect consumers from predatory collection practices.
 
Supporting Veterans in Financial Hardship
 
In Spring 2022, VA committed to make it easier and faster for lower-income veterans to get their VA medical debt forgiven. Previously, veterans in financial hardship who needed medical debt relief for VA copayments had to fill out a complex, paper form and navigate complicated eligibility requirements. The application process was confusing, and time-consuming, and as a result, veterans may have been deterred from applying for much needed relief.
 
Since the spring 2022 announcement:

  • VA streamlined the application process, including establishing a simple, standardized criteria to qualify for debt relief and launching a new online debt relief portal to make it easier and faster to apply.
  • Since introducing the new criteria, VA has approved over 93% of debt relief requests, and 42% of relief requests are now submitted via the online portal.  
  • To date, the new streamlined system has provided relief to over 10,000 veterans and saved them more than $10 million combined in unpayable copay debt.

Helping Communities Wipe Out Medical Debt
 
To help relieve the burden of medical debt on their residents as part of the recovery from the COVD-19 pandemic, communities across the country are using American Rescue Plan (ARP) funding to support efforts to buy and forgive medical debt. These communities work with partners to purchase medical debt portfolios from hospitals, health systems, and debt collection agencies and forgive the debt. Because medical debts are often available for purchase at pennies on the dollar, these efforts can translate into massive reductions in medical debt.
 
In the programs implemented to date, individuals qualify if they are residents of the given locality and have incomes below a certain threshold or have medical debt in excess of 5% of their annual household income. Individuals whose debt is cancelled are notified by mail and do not need to apply. Communities that have used ARP funds to forgive medical debt include:

  • Cook County, Illinois. In July 2022, Cook County announced the use of $12 million in ARP funds to purchase and forgive up to $1 billion in medical debt. The program has already wiped out the medical debts of 45,000 people worth $26 million.
  • Toledo and Lucas County, Ohio. In November 2022, the Toledo City Council and Lucas County approved a cumulative $1.6 million in ARP funds to buy out medical debt of certain residents. In total, the localities expected that this purchase will wipe out approximately $240 million in debt.
  • New Orleans, Louisiana. In December 2022, the New Orleans City Council included in its annual budget a $1.3 million line item leveraging ARP funds to relieve up to an estimated $130 million in medical debt.
  • Pittsburgh, Pennsylvania. In January 2023, the Pittsburgh City Council approved a plan to use $1 million in ARP funds to eliminate up to an estimated $115 million medical debts for about 24,000 residents.

Taken together, these investments of about $16 million in ARP funding are expected to relieve up to nearly $1.5 billion in medical debt, a ratio of nearly 100-to-1, helping to mend household finances, improve mental health, and remove a barrier to accessing health care. Additional states and cities across the country are also considering using ARP funds to eliminate medical debt including most recently the state of Connecticut, where the governor proposed using $20 million in ARP funds to wipe out debts of about  $2 billion.   
 
Removing Medical Debt from Government Underwriting
 
Research shows that medical debt is not a reliable predictor of overall financial health – predominately reflecting inequities in health insurance coverage and the bad luck of a hospitalization or other medical event. A CFPB report found that including medical debt in credit scores understates consumers’ creditworthiness by 10 points, and including already paid medical debt understates consumers’ creditworthiness by as much as 22 points. This means that the use of medical debt in underwriting can cut off American’s access to credit without improving the accuracy and predictiveness of lending programs.
 
Informed by this research, the Biden-Harris Administration instructed all agencies to eliminate medical debt as a factor in underwriting of credit programs, whenever possible and consistent with law. Since then:

  • In October 2022, the Federal Housing Finance Agency (FHFA) validated and approved the use of VantageScore 4.0 and FICO 10T for the underwriting of mortgages by Fannie Mae and Freddie Mac. VantageScore 4.0 excludes medical debt entirely, and marks the first time that a credit score that excludes medical debt has been approved for mortgage underwriting of Enterprise loans.  Moreover, the national credit reporting agencies announced several changes affecting the reporting of medical debt in collections – including that paid medical collection debt would no longer be included on consumer credit reports, an extension of timing for reporting of unpaid medical collection debt from six to twelve months, and a minimum $500 threshold for medical collection debt reporting – meaning that the role of medical debt in FICO 10T will also be reduced. The Enterprises’ automated underwriting systems do not consider medical debt in collections.
  • The Small Business Administration (SBA) will be taking a number of steps to reduce the role of medical debt in the underwriting of loans in the 7a guaranteed loan program.  These steps include revising its Standard Operating Procedures to discourage lenders from considering medical debt and making technology investments in Lender Match to help borrowers find lenders that exclude medical debt from their credit decisions and empower such lenders to underwrite those loans via automated data compilation.
  • In February 2022, VA published a final rule under which it virtually ceased reporting medical debt, and other unfavorable debt, to the credit bureaus. This rule ensures that debt reported better reflects creditworthiness, while saving veterans from further financial struggles simply because they had to take on medical debt. VA is committed to mitigating the burden of medical debt in its Home Loan guarantee program and in the coming months will work with lenders and servicers to discuss how to best maximize the flexibility of their underwriting guidelines related to medical debt collections while monitoring investor reactions and access to capital for VA guaranteed loans

New Data on Medical Debt in Collections
 
The report from the CFPB documents trends in medical debt in collections that are listed on credit reports, with the data extending through the first quarter of 2022. Key findings include:

  • Between the first quarter of 2020 and the first quarter of 2022, the number of Americans with medical debt on their credit report fell by 8.2 million, a 17.9% reduction.
  • Medical debt in collections accounts for 57% of collections tradelines, exceeding the total number of collections tradelines from all other sources combined, including credit cards, personal loans, utilities, and phone bills.

One driver of this decline in medical debt is the expansion of health insurance coverage during the Biden-Harris Administration. In the first quarter of 2022, the uninsured rate hit an all-time low of 8.0%, with 4.2 million people gaining coverage between 2020 and the first half of 2022. This milestone does not yet not capture the impact of the most recent increase in Marketplace enrollment, with a record 16.3 million Americans signing up on HealthCare.gov and the state-based Marketplaces during the 2023 Open Enrollment Period. This includes 3.6 million people who are new to the Marketplaces for 2023. Since President Biden took office, the number of people who have signed up for an affordable health care plan through HealthCare.gov has increased by nearly 50%. The Biden-Harris Administration continues to work to create a more fair and transparent health care system for consumers, including by protecting millions of consumers from surprise medical bills through its implementation of the No Surprises Act—preventing about 1 million surprise bills per month—and by advancing hospital price transparency so patients know the upfront price of hospital services.
 
The declines in medical debt also reflect continued actions by the CFPB to highlight problems with inaccurate reporting of debt in collections and put the industry on notice to correct their behavior.
 
The declines in medical debt on credit reports do not yet capture any effects of the Spring 2022 announcement where the three largest credit reporting agencies—Equifax, Experian, and Transunion—stated that they will no longer include certain forms of medical debt on credit reports, including all debts under $500, starting in 2023. While not shown in these data, CFPB estimates these changes will likely result in further reductions in medical debt appearing on credit reports.  
 
The decline in medical debt in collection represents one part of a broader decrease in the financial burden from medical bills during the Biden-Harris Administration. The CFPB report focuses on medical debt reported to credit bureaus, and does not capture medical debt that is placed on credit cards (including hospital credit cards) or paid for with personal loans or hospital payment plans.  However, a CDC report released last month showed that between 2020 and 2021, the number of people in families having problems paying medical bills declined by 5.5 million people, indicating that American families are indeed experiencing across-the-board relief.
 
These findings represent real progress in providing breathing room for American families. At the same time, too many Americans still face crushing burdens from medical debt. The Biden-Harris Administration will continue to fight to ensure that Americans who are sick or are caring for sick loved ones are not hit with a double whammy of illness and medical debt. This includes continuing to help Americans sign up for health insurance; calling on Congress to make permanent the lower premiums for people buying ACA coverage and to close the Medicaid coverage gap; and continuing to reduce the burden of medical debt via sweeping actions by government agencies.