Prosecutors allege that Jorge A. Perez, 60, and nine others exploited federal regulations that allow some rural hospitals to charge substantially higher rates for laboratory testing.
This article was first published on Tuesday, June 30, 2020 in Kaiser Health News.
A Miami entrepreneur who led a rural hospital empire was charged in an indictmentunsealed Monday in what federal prosecutors called a $1.4 billion fraudulent lab-billing scheme.
In the indictment, prosecutors said Jorge A. Perez, 60, and nine others exploited federal regulations that allow some rural hospitals to charge substantially higher rates for laboratory testing than other providers. The indictment, filed in U.S. District Court in Jacksonville, Florida, alleges Perez and the other defendants sought out struggling rural hospitals and then contracted with outside labs, in far-off cities and states, to process blood and urine tests for people who never set foot in the hospitals. Insurers were billed using the higher rates allowed for the rural hospitals.
Perez and the other defendants took in $400 million since 2015, according to the indictment. Many of the hospitals run or managed by Perez's Empower companies have since failed as they ran out of money when insurers refused to pay for the suspect billing. Half of the nation's rural hospital bankruptcies in 2019 were affiliated with his empire.
"This was allegedly a massive, multi-state scheme to use small, rural hospitals as a hub for millions of dollars in fraudulent billings of private insurers," said Assistant Attorney General Brian Benczkowski of the Justice Department's Criminal Division in a statement.
Attempts to reach Perez for comment Monday evening were unsuccessful. But last year when Perez spoke to KHN, he said he was losing sleep over the possibility he could go to jail after propping up struggling rural hospitals.
"I wanted to see if I could save these rural hospitals in America," Perez said. "I'm that kind of person."
Pam Green, a former night charge nurse at the now-shuttered Horton Community Hospital in Horton, Kansas (population under 1,700), said she hopes Perez and his colleagues receive long prison sentences.
"He just devastated so many people, not just in Kansas, but in Oklahoma and all the other places where he had hospitals," said Green, 58, of nearby Muscotah, Kansas. "I went months and months without pay, without health insurance. He robbed the community."
Green recalled that money was so tight under Perez's management of her former hospital that the electricity was shut off at least twice and staffers had to bring in their own supplies. She said she is owed about $12,000 in back pay, as well as money for uncovered dental expenses and a workplace injury that would have been covered had employees' insurance or workers' compensation premiums been paid.
A KHN investigation published in August 2019 detailed the rise and fall of Perez's rural hospitals. At the height of his operation, Perez and his Miami-based management company, EmpowerHMS, helped oversee a rural empire encompassing 18 hospitals across eight states. Perez owned or co-owned 11 of those hospitals and was CEO of the companies that provided their management and billing services.
Perez styled himself a savior of rural hospitals, swooping into small towns with promises to save their struggling facilities using his "secret sauce" of financial ventures. Multiple employees told KHN they had no idea what happened to the money their hospitals earned after Perez and his associates took control, since the facilities seemed perpetually starved for cash.
Over the past two years, amid mounting legal challenges and concerns about the lab-billing operation, insurers cut off funding and his empire crumbled. Overall, 12 of the hospitals have entered bankruptcy and eight have closed. The staggering collapse left hundreds of employees without jobs and small towns across the Midwest and South without lifesaving medical care.
The four rural hospitals named in the indictment are Campbellton-Graceville Hospital in Graceville, Florida; Regional General Hospital of Williston, Florida; Chestatee Regional Hospital in Dahlonega, Georgia; and Putnam County Memorial Hospital in Unionville, Missouri.
The indictment marks the third major case federal prosecutors have filed alleging billing fraud at Perez-affiliated hospitals. In October, David Byrns pleaded guilty to a federal charge of conspiracy to commit health care fraud involving a Missouri hospital he managed with Perez. A Missouri Auditor General report previously found that the 15-bed hospital, Putnam County Memorial in Unionville, had received about $90 million in questionable insurance payments in less than a year.
In July 2019, Kyle Marcotte, owner of a Jacksonville Beach, Florida, addiction treatment center, pleaded guilty for his part in a $57 million lab-billing scheme involving two Perez-affiliated hospitals, Campbellton-Graceville and Regional General Hospital. Marcotte admitted cooperating with unnamed hospital managers to provide urine samples from his patients for lab testing that was billed through the rural hospitals and, in exchange, getting a cut of the proceeds.
Perez, on his own and through Empower-affiliated companies, in 2016 and 2017 purchased South Florida properties that totaled more than $3.7 million, including three condos on Key Largo, according to property records. He told KHN last year that the Florida properties were bought with earnings from unrelated software companies but declined to give details. He and his brother Ricardo Perez, if convicted, must forfeit over $46 million, according to the indictment, as well as two Key Largo condos and other properties.
Another defendant, Aaron Durall, if convicted, could lose $184.4 million and a six-bedroom, 6,500-square-foot home in the affluent Parkland district north of Fort Lauderdale, Florida.
Perez-affiliated hospitals also face ongoing lawsuits in Missouri and other states filed by dozens of insurers asking for hundreds of millions in restitution for allegedly fraudulent billings. In those court documents, Perez repeatedly has denied wrongdoing. He told KHN last year that his lab-billing setup was "done according to Medicare and state guidelines."
For former employees of EmpowerHMS and members of the affected communities, the indictment represents vindication. As the company foundered, hundreds of employees worked without pay in vain efforts to keep their hospitals afloat. They would discover later that, along with the missing paychecks, their insurance premiums had not been paid and their medical policies had been discontinued. In the June 2019 interview, Perez acknowledged that, as finances withered, he stopped paying employee payroll taxes.
"It's nice to think he might be held accountable," said Melva Price Lilley, a former X-ray technician at Washington County Hospital in Plymouth, North Carolina, which has reopened with new owners under a new name. "At least there's a chance that he might have to suffer some consequences. That gives me some hope."
Lilley, 56, said she and other employees could not retrieve their retirement savings from the bankrupt hospital until about three weeks ago. She has been trying to pay off about $68,000 in medical bills from a back surgery she needed for a workplace injury that wasn't covered by workers' compensation insurance premiums that went unpaid for hospital employees. She remains unable to work full time.
I-70 Community Hospital, an Empower facility in Sweet Springs, Missouri, has remained closed since February 2019. Tara Brewer, head of the Sweet Springs Chamber of Commerce and the local health department, said she was almost shocked to hear that Perez had gotten indicted after months of wondering if anything would happen.
While she hopes these charges bring closure to her community, she said, the charges do little to fix the closed hospital doors for a county that has had one of the highest per capita rates of coronavirus cases in Missouri.
"What he did to us will linger on for a long time," Brewer said.
Trailing Democratic challenger Mark Kelly in one of the country’s most hotly contested Senate races, Arizona Sen. Martha McSally is seeking to tie herself to an issue with across-the-aisle appeal: insurance protections for people with preexisting health conditions.
“Of course I will always protect those with preexisting conditions. Always,” the Republican said in a TV ad released June 22.
The ad comes in response to criticisms by Kelly, who has highlighted McSally’s votes to undo the Affordable Care Act. That, he argued, would leave Americans with medical conditions vulnerable to higher-priced insurance.
The Arizona Senate race has attracted national attention and is considered a toss-up, though Kelly is leading in many polls. McSally’s attempt to present herself as a supporter of protecting people with preexisting conditions — a major component of the 2010 health law — is part of a larger pattern in which vulnerable Republican incumbents stake out positions advocating for this protection while also maintaining the GOP’s strong stance against the ACA.
McSally, who was appointed by the governor to take over John McCain’s Senate seat in 2019, used similar messaging in her failed 2018 bid for the state’s other Senate position. And President Donald Trump echoed the declaration at a June 23 rally in Phoenix, saying McSally — along with the rest of the Republican Party — “will always protect people with preexisting conditions.”
With that in mind, we decided to take a closer look. We contacted McSally’s campaign, which cited her support of a different piece of legislation, the Protect Act. But independent experts told us that legislation doesn’t satisfy the standard she sets out.
Past and Present
Only one national law makes sure people with preexisting medical conditions don’t face discrimination or higher prices from insurers. It’s the Affordable Care Act.
Both as a member of the House of Representatives and as a senator, McSally has supported efforts to undo the health law — voting in 2015 to repeal it and in 2017 to replace it with the Republican-backed American Health Care Act, which would have permitted insurers to charge higher premiums for people with complicated medical histories.
“Anyone who voted for that bill was voting to take away the ACA’s preexisting condition protections,” said Jonathan Oberlander, a health policy professor at the University of North Carolina-Chapel Hill. “Sen. McSally is trying to erase history for electoral purposes.”
Especially as COVID-19 cases climb, health care — and, in particular, the ACA — has emerged as a flashpoint in the Arizona election, said Dr. Daniel Derksen, a professor of public health, medicine and nursing at the University of Arizona.
“Martha McSally has in her actions, in her votes, been pretty consistent about cutting back benefits and trying to repeal the ACA without any clear plan in mind that would protect people who gained insurance through the ACA,” Derksen added. “Her words on preexisting condition protections don’t align with any votes I’ve seen.”
McSally’s campaign argued that the ACA is just one strategy, and a flawed one at that. Dylan Lefler, her campaign manager, instead pointed to her support of the Republican-backed Protect Act as evidence to back up her promise. Specifically, it ostensibly bans insurance plans from “impos[ing] any preexisting condition exclusion with respect to … coverage,” per the bill text.
The problem, though, is that simply banning that exclusion isn’t enough, because the law also has to make sure the health insurance plans that cover preexisting conditions remain affordable. The bill, sponsored by Sen. Thom Tillis (R-N.C.), does nothing to provide subsidies or cost-sharing mechanisms — meaning people both with and without preexisting conditions wouldn’t necessarily be able to afford those plans. Without that framework, the act remains a “meaningless promise,” argued Linda Blumberg, a fellow at the Urban Institute, a social policy think tank.
And it has other holes: for instance, permitting insurers to charge women more than men.
“No six-page bill is ever the way of achieving something,” said Thomas Miller, a scholar at the American Enterprise Institute. “This is a check-the-box effort to try to say, ‘We’re [moving] in that direction.’”
It’s not just legislation. There’s also Texas v. Azar, a pending case in which a group of Republican attorneys general are arguing the Supreme Court should strike the entire health law, including its preexisting condition protections. The Trump administration has sided with the Republican states.
McSally has consistently declined to comment on the lawsuit, saying she doesn’t want to weigh in on “a judicial proceeding.” In reporting this fact check, we asked where she stood on the case. The campaign didn’t specifically answer but pointed to her general disapproval of the ACA. Meanwhile, Senate Democrats have called on the administration to reverse its stance.
That context makes McSally’s silence especially relevant, said Sabrina Corlette, a research professor at Georgetown University.
“When given the opportunity, she has declined to oppose this lawsuit, which would essentially eliminate the protections that exist,” Corlette said.
So — big picture? McSally’s record in Washington hasn’t been one of preserving or building on preexisting condition protections.
Our Ruling
In her new TV ad, McSally claims she will “always protect those with preexisting conditions.”
But nothing in her voting record, which tracks closely with the Republican repeal-and-replace philosophy, supports this claim. And she has continually declined opportunities to oppose a pending legal threat to the ACA, including its provisions related to preexisting conditions, by a group of GOP governors and supported by the Trump administration.
Meanwhile, the legislation her campaign cited to justify her stance falls short in terms of meaningfully protecting Americans with preexisting medical conditions.
McSally has not in the past or present taken actions that back up her statement. We rate it False.
Fargis runs Summit Hills — a health and retirement community in Spartanburg, South Carolina, that offers skilled nursing, activities and communal meals for its residents, most of whom are over 60, the highest-risk category for coronavirus complications. In South Carolina, more than a hundred new cases were emerging daily. So she took precautions: no visitors, hand sanitizer everywhere and regular reminders for residents about the importance of social distancing.
For a time, it worked. Many similar facilities were hit hard by the virus, but Summit Hills remained COVID-free. Summit Hills' first cases didn't emerge until mid-June. Three residents and four employees have now tested positive and are being quarantined. For months, though, Fargis was able to protect her residents.
Still, even under the best circumstances, she couldn't prevent one thing. By mid-May, two residents had become convinced that the COVID-19 death count — which has surpassed125,000 people in the U.S. — was a talking point manufactured by Democrats. Some people may be dying, they said, but it wasn't actually that severe. They didn't think her precautions were necessary.
"I don't know how to respond, to tell you the truth," Fargis said. "If someone has that kind of mindset, what kind of conversation do you have" to convince them of the pandemic's severity and the need for strict precautions?
Since the start of the pandemic, the public has been barraged by conflicting messages in part because the country is dealing with a new and still poorly understood virus and in part because politicians and scientists deliver conflicting advice. But rumors, misinformation and outright falsehoods — some intentionally propagated — have also flourished in that cauldron of confusion.
As the nation reopens for business and retreats from protective stay-at-home orders, those widely circulating lies could prove deadly.
NewsGuard, a startup by two former journalists that vets the internet for misinformation, has identified 217 websites in Europe and the United States that publish "materially false" information about COVID-19. The volume is so great that NewsGuard, which was launched to check political fabrications, has pivoted to full-time COVID-19 fact-checking.
The misinformation includes the "Plandemic" video, Facebook posts claiming 5G cell networks cause the virus and articles suggesting it can be cured with garlic or using a combination of hot water with baking soda and lemon.
Health scares always spawn scurrilous stories. But with COVID-19, "there's lots of opportunity for misinformation," said Dhavan Shah, a professor of mass communication at the University of Wisconsin-Madison.
That is particularly true in the United States, where the coronavirus has somehow morphed into a right-versus-left political issue — and Americans increasingly reject information that doesn't match their leanings.
Research shows people who support the Trump administration and rely on right-leaning news organizations are more likely to believe the virus has been exaggerated.In general, Republicans are more likely, according to recent polling, than Democrats to think that COVID-19 was never a threat and that the worst is over. That possibly contributed to the push for early reopening in some states that had not met the requirements recommended by the Centers for Disease Control and Prevention for doing so. In many of them, daily case counts are now spiking. And Republicans are less likely than Democrats to don protective masks, which are believed to reduce the spread of the virus. (President Donald Trump famously has refused to wear a mask in public.)
Groups like anti-vaxxers, conspiracy theorists and immigration opponents have also used the virus to push their own misinformation, per a report from Data & Society, a research institute in New York.
"It's become a political football now," said Steven Brill, a co-CEO of NewsGuard. "That tends to get the misinformation and disinformation amplified. People on one side or the other tend to want to amplify what endorses or strengthens their position."
Misinformation Grows In A Vacuum
Federal health officials from agencies such as the CDC and the Food and Drug Administration usually are tasked with providing the public with understandable, scientifically supported guidance. But the advice from experts like Dr. Anthony Fauci, who heads the National Institute of Allergy and Infectious Diseases, has consistently been undermined by Trump, who instead touts unproven treatments and frequently challenges the severity of the virus.
In fact, political figures like Trump have held outsize influence in shaping public understanding. "The news feed abhors a vacuum," said Jeff Hancock, a professor of communication at Stanford University who has studied the implications of COVID misinformation. "Since the expertise of the CDC and others have been called into question … it exacerbates the problem."
Experts' initial confusion about how to respond to a new virus has also allowed for suspicion. When the coronavirus arrived in the United States, the prevailing thought was that asymptomatic patients couldn't spread it and that people needn't wear face coverings. Subsequent studies reversed those judgments.
All that helps explain why falsehoods took hold. Researchers from the University of Oxford's Reuters Institute for the Study of Journalism reviewed 225 pieces of online misinformation about COVID-19. Misinformation spread by political figures and celebrities made up only 20% of the sample but accounted for 69% of engagement.
Independent groups, including NewsGuard and Hancock's Stanford Social Media Lab, have launched projects meant to combat misinformation — teaching older people through peer-to-peer tutoring to navigate digital content or launching websites that point people toward more credible data and analysis. But these efforts, usually difficult, are almost impossible now in the age of social distancing.
The "volume and velocity" of social media spread means claims spread farther, faster, Shah said.
At Summit Hills, the politicization of COVID-19 has "without a doubt" made it harder for Fargis, its executive director, to convince her residents — many of whom would typically look to the federal government for credible information — of the pandemic's severity.
Some cons deliberately target seniors, offering more than misinformation: Bad actors pretended to have access to their victims' stimulus checks, asking for bank account and Social Security information. Others sell fake protective equipment.
At Hebrew SeniorLife, a hospital and living center in Massachusetts, which operates rehab centers and senior-living facilities around the Boston area, misinformation and online scams — such as fake fundraisers on Facebook for first responders — are serious concerns, said Rachel Lerner, the organization's general counsel.
Older Americans experience a "perfect storm," Hancock said. "They're more susceptible to the virus. They are targets of misinformation and online scams at a much higher rate than regular folks are."
When South Carolina began opening up, Fargis decided to see if the numbers of new COVID-19 cases declined significantly before lifting precautions. Now, with the virus in her facility, she has no intention of letting up social distancing rules and other prevention strategies.
And since May, at least one of her residents has since come around to understanding the pandemic's severity. But another, she said, still emails her arguing that the virus has been overblown or that social distancing does not work and suggesting that unproven medicines — like hydroxychloroquine or beta-glucans — can treat or prevent the illness.
"We'd all be far better off if we kept those nonsensical remarks out of the news," she said. "The more misinformation we have, the more likely we are going to have lives at stake."
On "Treatment Tuesdays," as she has dubbed them, Katherine O'Brien makes the trek into Chicago by commuter rail from her home in the suburb of La Grange, Illinois, for chemotherapy.
This article was first published on Thursday, June 25, 2020 in Kaiser Health News.
Three Tuesdays each month, Katherine O’Brien straps on her face mask and journeys about half an hour by Metra rail to Northwestern University’s Lurie Cancer Center.
What were once packed train cars rolling into Chicago are now eerily empty, as those usually commuting to towering skyscrapers weather the pandemic from home. But for O’Brien, the excursion is mandatory. She’s one of millions of Americans battling cancer and depends on chemotherapy to treat the breast cancer that has spread to her bones and liver.
“I was nervous at first about having to go downtown for my treatment,” said O’Brien, who lives in a suburb, La Grange, and worries about contracting the coronavirus. “Family and friends have offered to drive me, but I want to minimize everyone’s exposure.”
While her treatment hasn’t changed since the novel coronavirus spread across the United States, the 54-year-old is at high risk of severe complications should she become infected. Those risks haven’t declined significantly for her despite the Illinois governor’s loosening of COVID-related restrictions.
She’s not alone in fearing the deadly combination of COVID-19 and cancer. One study, which reviewed records of more than 1,000 adult cancer patients who had tested positive for COVID-19, found that 13% had died. That’s compared with the overall U.S. mortality rate of 5.9%, according to Johns Hopkins.
Beyond the concern of cancer patients — with their already depleted immune systems — catching the virus, many doctors worry about people delaying their scans and checkups and missing time-sensitive diagnoses. A KFF poll found that nearly half of Americans had skipped or postponed medical care because of the outbreak. Cancer patients seeking care face an array of obstacles as states reopen, such as heavily restricted in-hospital appointments and new clinical trials on hold. (KHN is an editorially independent program of KFF, the Kaiser Family Foundation.)
“Cancer doesn’t care that there’s a coronavirus pandemic taking place,” said Dr. Robert Figlin, chair in hematology-oncology at Cedars-Sinai in Los Angeles. “We don’t want people who have abnormalities to delay having them evaluated.”
In late March, Megan-Claire Chase, 43, of Dunwoody, Georgia, got laid off from her job as a project manager for a staffing company, losing the health care benefits that came with it. Her chief concern was paying for a diagnostic mammogram and MRI, still on the calendar for two days before her benefits were to end. Currently in remission from stage 2A breast cancer, Chase schedules scans for every six months well in advance at Breast Care Specialists in Atlanta.
“When I got there, it was really unsettling. You almost feel like a leper,” said Chase, noting the socially distanced waiting room and heavily sanitized clipboards. Already hyper-careful since her days of chemotherapy, Chase carries her own pens in her purse, along with gloves and extra masks.
Cancer centers across the country are taking extra precautions. At Northwestern, patients are funneled through a single entryway, where masks are required, and are met by a security guard and a temperature check before signing in with receptionists seated behind plastic shields, O’Brien said. No visitors or accompanying family members are allowed inside the building, and the cafeteria and waiting rooms are devoid of unnecessary germ-spreading agents — no magazines or coffee machine in sight. The cubicle where she receives infusions of Abraxane used to seat four patients; now, only two sit in the space.
Where they can, many doctors are turning to telemedicine to limit cancer patients’ trips to the hospital. In Salt Lake City, Dr. Mark Lewis, director of gastrointestinal oncology for Intermountain Healthcare, a 23-hospital system serving Utah and surrounding states, says about half his patient visits are now virtual. He’s also making some patients’ treatments less intense and less frequent. As at Northwestern, patients must arrive at the hospital solo for appointments unless assistance is physically necessary. It’s a significant shift for Lewis, who’s had up to 30 family members in his office for appointments alongside his patients for mental support.
“We are writing the rules as we go, trying to keep patients’ immune systems up and the cancer at bay,” said Lewis. Still, he’s concerned about a later spike in cancer mortality due to the coronavirus pandemic. The coronavirus aside, the National Cancer Institute estimates over 600,000 Americans will die of cancer this year.
New clinical trials have also largely ground to a halt in this new era, when traveling long distances for treatment is less of an option. Linnea Olson, who lives in Amesbury, Massachusetts, and has stage 4 lung cancer, worries there may be far fewer treatment options for her, as trials have been her “lifeline.”
About four months ago, Olson, 60, enrolled in her fourth phase 1 clinical trial at Massachusetts General Hospital’s Termeer Center for Targeted Therapies. The treatment has been accompanied by intense side effects, such as a sore mouth and throat from mucositis, also a sign of COVID-19. Before a recent infusion, nurses with plastic shields ferried Olson up a back entryway for a COVID test. It was negative.
The intensity of her treatment, coupled with the extreme social distancing measures, has left Olson, who lives alone, feeling depressed and unsure if she should continue the trial.
“It’s too much all at once — the isolation and the difficult side effects,” Olson said.
Rudy Fischmann, a brain cancer patient and former true crime TV producer, battles balance issues that started after his first set of surgeries two years ago. Daily walks and physical therapy are part of his treatment regimen. Yet strolls around his Knoxville, Tennessee, neighborhood are already becoming more stressful as the state begins to open up.
“It’s getting harder and harder, with more and more people outside every day,” said Fischmann, 48. “I don’t enjoy walking laps around my kitchen, so I’m finding myself having to change my routes almost daily.”
A father of two young children who are now home round-the-clock, Fischmann finds all the family time draining his limited energy. He also fears what germs they will bring back from school come fall.
“The thought of, if I were to contract the virus, would I get a different standard of care?” he said. “I’m used to staying home and not doing that much, but it’s more nerve-wracking now.”
Across the country, authorities are finding that their usual strategies for protecting people against heat-related health problems are in direct conflict with their strategies for containing the coronavirus.
This article was first published on Thursday, June 25, 2020 in Kaiser Health News.
Aaron McCullough brought his 3-year-old daughter, Ariana, to a playground in a leafy neighborhood of Rochester, New York, on a day in mid-June when the temperature topped out at 94 degrees.
The playground is one of seven spray parks in the city that offer cooling water whenever temperatures exceed 85 degrees.
Except during a pandemic.
"I was hoping that one of these water parks could open up and at least spray a little bit of water on us," McCullough said.
Instead, he said, sweat dripping off his face, "there's no water around at all."
All of the city's spray parks and air-conditioned cooling centers were shut down to slow the spread of COVID-19.
"Gathering in close proximity and engaging in physically strenuous behavior like running around the spray park appears to be a likely possibility for transmission," said city spokesperson Justin Roj.
McCullough had bought Ariana a milkshake before they came to the park. It melted in his hand as she played on the slide.
"We're not staying much longer," he said. "Maybe 10 more minutes. If there were water, we'd be here till sundown."
Across the country, authorities are finding that their usual strategies for protecting people against heat-related health problems are in direct conflict with their strategies for containing the coronavirus — and with record-breakingtemperaturesalready recorded in some places before summer even officially began, those conflicts are likely to become more frequent.
"COVID-19 and climate change are on a collision course," said New York City Emergency Management Department spokesperson Omar Bourne.
"There is no question that the challenges we face this summer are unprecedented."
The balance between preventing COVID-19 and preventing heat-related illnesses is a tough one, experts said.
"I am very grateful that I am not responsible for making that very complicated decision," said Dr. Andrea Miglani, the medical director of the emergency department at Strong Memorial Hospital in Rochester.
The first symptoms of overheating cause what doctors call heat exhaustion. They include heavy sweating, elevated pulse, tiredness, weakness and dizziness.
"But it's when we cross into heatstroke that we get really worried," Miglani said. At that point, she said, the body loses its ability to control temperature. The pulse races, sweating stops and fever can cause brain damage.
Miglani said one hot day might result in a slight bump in heat-related hospitalizations, but several hot days can bring cumulative effects, and the death toll can climb. People with underlying health conditions like heart disease and diabetes, and those older than 65, are especially at risk — just as with COVID-19.
Making matters worse, movie theaters, libraries and restaurants — places that are normally reliably air-conditioned respites on hot days — aren't open in many parts of the country, said Miglani.
About 90% of households in the U.S. have air conditioning, according to federal census figures. But access is not evenly distributed. Poor and minority communities tend to suffer disproportionately during heat waves, but they have a much lower prevalence of air conditioning compared with richer, whiter neighborhoods.
The decision about whether and how to open cooling centers during the pandemic needs to happen on a local level, said Kristie Ebi, an epidemiologist on the steering committee of the Global Heat Health Information Network.
The federal Centers for Disease Control and Prevention offers guidelines for cities and states to deal with the competing problems. Suggestions include offering more assistance for people to pay their utility bills so that they can maintain air conditioning at home, having fever checks for people at cooling centers and a separate room for anyone with COVID-19 symptoms, and making masks and hand sanitizers available at the centers. Utility companies could also be required not to cut off anyone's power during heat emergencies, the CDC suggests.
Across upstate New York, cities kept cooling centers closed earlier this month, even when temperatures surpassed 90 degrees.
In Los Angeles County, officials opened cooling centers when temperatures spiked, but they required masks and limited the number of people who could be inside at one time.
That might offer an example of how to cool off the people most vulnerable to heat-related health problems without drastically increasing the risk of COVID-19, Ebi said.
But, she acknowledged, what works in Los Angeles might not work in other places. "We've all got different infrastructure, different access to air conditioning, different public transport systems," she said.
"The balance of risk is different everywhere," Ebi said.
There is one piece of the puzzle that doctors said is the same everywhere: checking on friends, family and neighbors.
"This is another time when it's important to emphasize the difference between social distancing and physical distancing," said Miglani.
"Give them a call, leave them a note on their door, find out what you can do to help. A lot of times, very simple gestures can go a very long way," she said.
Oklahoma voters head to the polls June 30 to decide if the state should expand Medicaid. If approved, State Question 802 would allow more than 200,000 residents to gain health coverage.
The article was first published on Wednesday, June 24, 2020 in Kaiser Health News.
Oklahoma residents going to the polls June 30 have the chance to override state leaders’ decadelong refusal to expand Medicaid, which would cover more than 200,000 low-income adults and bring billions of federal dollars into the state.
But advocates are concerned that turnout for the summer primary election could be hampered by fears of contracting COVID-19 at voting stations and by Republican Gov. Kevin Stitt’s about-face on the issue. Since the supporters got the measure on the ballot in October, the governor has gone from opposing Medicaid expansion to announcing in January he would institute his own expansion plan beginning July 1 that included work requirements and monthly premiums for enrollees. But he turned around and surprised many in May with a veto of state funding for his own proposal.
“It’s been a little nuts,” said Carly Putnam, policy director of the Oklahoma Policy Institute, which supports expansion.
Jim McCarthy, CEO of Community Health Connection, a federally funded community health center in Tulsa, said the governor’s plan “seemed designed to confuse people.”
“There is worry about people getting to the polls,” McCarthy said, noting the concerns over COVID and state’s restrictions on absentee voting. “Turnout will be critical.”
If successful, the Sooner State would be the fifth to use a ballot initiative to extend Medicaid under the 2010 Affordable Care Act. Idaho, Utah, Nebraska and Maine have passed similar measures. Missouri voters will decide on a Medicaid expansion initiative Aug. 4.
The election comes as the coronavirus pandemic has roiled Oklahoma’s economy. More than 200,000 people in the state are out of work, many of whom are likely in need of health coverage.
As of April, Medicaid covers about 820,000 Oklahomans, two-thirds of them children. Parents are covered if their incomes are no higher than 41% of the federal poverty level, or about $8,900 for a family of three. Oklahoma is one of 14 states that offer no coverage for adults without dependent children.
Under the ACA, states were encouraged to let Medicaid cover everyone with annual incomes below 138% of the poverty level, or about $17,600 for an individual or just under $30,000 for a family of three. The expansion led to millions of people gaining health coverage and, until recently, a record-low U.S. uninsured rate. Thirty-six states and the District of Columbia have expanded Medicaid.
Clarence Powell, 62, of Oklahoma City, has been uninsured since 2015, when poor health forced him to go from working full time to part time at a hotel. Without health coverage, he’s relied on the Good Shepherd free clinic for medical care and for free or low-cost medications to treat his heart and lung conditions. But seeing a specialist has been difficult without insurance.
When he went to the hospital last year for a bloody nose, he left with a bill for more than $1,000 that he has no way to pay.
“Having Medicaid would make a big difference,” he said. “We will all be better off.”
Conservative leaders in Oklahoma, which has the second-highest uninsured rate in the country, have balked at expanding Medicaid — even though the federal government would pay 90% of the cost for enrollees in 2020. Republicans, who control the state legislature and executive branch, repeatedly said the budget couldn’t afford the state’s share and they didn’t trust the federal government to keep up its funding.
With his plan dead for now, Stitt opposes the ballot initiative because it would not give the state flexibility to impose restrictions on enrollees and doesn’t include a plan to come up with the state’s funding.
As part of his plan, Stitt asked the Trump administration to approve giving the state a set annual amount of money per newly eligible Medicaid enrollee and agree to evenly split any money the state saves on future Medicaid spending.
Such a funding arrangement would radically alter the traditional system, in which the federal government pays states an unlimited amount based on enrollment and medical expenses.
Oklahoma submitted a request to the federal government for a waiver to implement the governor’s plan, but the Trump administration did not rule on it before Stitt changed his plans.
Carter Kimble, deputy secretary of Health and Mental Health and Stitt’s top aide, said the governor was willing to cap federal funding for Medicaid because it would come with a deal to give the state more flexibility in using Medicaid dollars, including targeting funds for enrollees’ housing and food needs. Currently, Medicaid dollars must be used for health costs.
“We have had unfettered and uncapped federal financing, and we are ranked 48th in health outcomes and 49th in health system performance,” Kimble added. “So where has it got us?”
“We need innovation and change and not to keep doing the same thing,” he said.
In May, the Oklahoma Legislature approved taxing hospitals to pay most of the state’s estimated $150 million annual cost for its share of Medicaid expansion. Kimble said the governor vetoed the bill because he wanted multiple years of funding and the bill included only one year. Stitt has the authority to expand Medicaid on his own, though he needs the legislature to approve funding. Kimble expects the ballot measure to pass.
Several major interest groups, including the state chamber of commerce, Blue Cross and Blue Shield of Oklahoma (the state’s largest insurer), and the Oklahoma Primary Care Association, which represents community health centers that treat thousands of uninsured, have not taken a position on the ballot initiative.
Community Health Connection’s McCarthy said the primary care association board did not want to alienate the Stitt administration, which provides some health center funding.
The pandemic, which has led to more than 11,000 cases in the state and more than 370 deaths as of Tuesday, highlighted the need for expansion, said Patti Davis, president of the Oklahoma Hospital Association.
“The pandemic has put health care front of mind for everybody,” she said. “People want to know they can get care when they need it and know they will have a hospital to care for them,” she said.
Oklahoma’s slumping economy, which is closely tied to oil, also fueled interest in expanding Medicaid, Davis said.
“Oklahomans are ready to do this, and with the downturn in the economy, people are even more worried about job security and helping low-wage workers get covered by insurance.”
While public health officials are trying to gather data on how many people test positive for the coronavirus and how many people die from the infection, the pandemic has left an untold number dying in the shadows, not directly because of the virus but still because of it.
The article was first published on Tuesday, June 23, 2020 in Kaiser Health News.
BROOMFIELD, Colo. — Sara Wittner had seemingly gotten her life back under control. After a December relapse in her battle with drug addiction, the 32-year-old completed a 30-day detox program and started taking a monthly injection to block her cravings for opioids. She was engaged to be married, working for a local health association and counseling others about drug addiction.
Then the COVID-19 pandemic hit.
The virus knocked down all the supports she had carefully built around her: no more in-person Narcotics Anonymous meetings, no talks over coffee with a trusted friend or her addiction recovery sponsor. As the virus stressed hospitals and clinics, her appointment to get the next monthly shot of medication was moved back from 30 days to 45 days.
As best her family could reconstruct from the messages on her phone, Wittner started using again on April 12, Easter Sunday, more than a week after her originally scheduled appointment, when she should have gotten her next injection. She couldn't stave off the cravings any longer as she waited for her appointment that coming Friday. She used again that Tuesday and Wednesday.
"We kind of know her thought process was that 'I can make it. I'll go get my shot tomorrow,'" said her father, Leon Wittner. "'I've just got to get through this one more day and then I'll be OK.'"
But on Thursday morning, the day before her appointment, her sister Grace Sekera found her curled up in bed at her parents' home in this Denver suburb, blood pooling on the right side of her body, foam on her lips, still clutching a syringe. Her father suspects she died of a fentanyl overdose.
However, he said, what really killed her was the coronavirus.
"Anybody that is struggling with a substance abuse disorder, anybody that has an alcohol issue and anybody with mental health issues, all of a sudden, whatever safety nets they had for the most part are gone," he said. "And those are people that are living right on the edge of that razor."
Sara Wittner's death is just one example of how complicated it is to track the full impact of the coronavirus pandemic — and even what should be counted. Some people who get COVID-19 die of COVID-19. Some people who have COVID die of something else. And then there are people who die because of disruptions created by the pandemic.
While public health officials are trying to gather data on how many people test positive for the coronavirus and how many people die from the infection, the pandemic has left an untold number dying in the shadows, not directly because of the virus but still because of it. They are unaccounted for in the official tally, which, as of June 21, has topped 119,000 in the U.S.
But the lack of immediate clarity on the numbers of people actually dying from COVID-19 has some onlookers, ranging from conspiracy theorists on Twitter all the way to President Donald Trump, claiming the tallies are exaggerated — even before they include deaths like Wittner's. That has undermined confidence in the accuracy of the death toll and made it harder for public health officials to implement infection prevention measures.
Yet experts are certain that a lack of widespread testing, variations in how the cause of death is recorded, and the economic and social disruption the virus has caused are hiding the full extent of its death toll.
How To Count
In the U.S., COVID-19 is a "notifiable disease" — doctors, coroners, hospitals and nursing homes must report when encountering someone who tests positive for the infection, and when a person who is known to have the virus dies. That provides a nearly real-time surveillance system for health officials to gauge where and to what extent outbreaks are happening. But it's a system designed for speed over accuracy; it will invariably include deaths not caused by the virus as well as miss deaths that were.
For example, a person diagnosed with COVID-19 who dies in a car accident could be included in the data. But someone who dies of COVID-19 at home might be missed if they were never tested. Nonetheless, the numbers are close enough to serve as an early-warning system.
"They're really meant to be simple," Colorado state epidemiologist Dr. Rachel Herlihy said. "They apply these black-and-white criteria to often gray situations. But they are a way for us to systematically collect this data in a simple and rapid fashion."
For that reason, she said, the numbers don't always align with death certificate data, which takes much more time to review and classify. And even those can be subjective. Death certificates are usually completed by a doctor who was treating that person at the time of death or by medical examiners or coroners when patients die outside of a health care facility. Centers for Disease Control and Prevention guidelines allow for doctors to attribute a death to a "presumed" or "probable" COVID infection in the absence of a positive test if the patient's symptoms or circumstances warrant it. Those completing the forms apply their individual medical judgment, though, which can lead to variations from state to state or even county to county in whether a death is attributed to COVID-19.
Furthermore, it can take weeks, if not months, for the death certificate data to move up the ladder from county to state to federal agencies, with reviews for accuracy at each level, creating a lag in those more official numbers. And they may still miss many COVID-19 deaths of people who were never tested.
That's why the two methods of counting deaths can yield different tallies, leading some to conclude that officials are fouling up the numbers. And neither approach would capture the number of people who died because they didn't seek care — and certainly will miss indirect deaths like Wittner's where care was disrupted by the pandemic.
That's why researchers track what are known as "excess" deaths. The public health system has been cataloging all deaths on a county-by-county basis for more than a century, providing a good sense of how many deaths can be expected every year. The number of deaths above that baseline in 2020 could tell the extent of the pandemic.
For example, from March 11 to May 2, New York City recorded 32,107 deaths. Laboratories confirmed 13,831 of those were COVID-19 deaths and doctors categorized another 5,048 of them as probable COVID-19 cases. That's far more deaths than what historically occurred in the city. From 2014 through 2019, the city averaged just 7,935 deaths during that time of year. Yet when taking into account the historical deaths to assume what might occur normally, plus the COVID cases, that still leaves 5,293 deaths not explained in this year's death toll. Experts believe that most of those deaths could be either directly or indirectly caused by the pandemic.
City health officials reported about 200 at-home deaths per day during the height of the pandemic, compared with a daily average 35 between 2013 and 2017. Again, experts believe that excess is presumably caused either directly or indirectly by the pandemic.
"The excess mortality tells the story," said Dr. Jeremy Faust, an emergency medicine physician at Brigham and Women's Hospital in Boston. "We can see that COVID is having a historic effect on the number of deaths in our community."
These multiple approaches, however, have many skeptics crying foul, accusing health officials of cooking the books to make the pandemic seem worse than it is. In Montana, for example, a Flathead County health board member cast doubt over official COVID-19 death tolls, and Fox News pundit Tucker Carlson questioned the death rate during an April broadcast. That has sowed seeds of doubt. Some social media posts claim that a family member or friend died at home of a heart attack but that the cause of death was inaccurately listed as COVID-19, leading some to question the need for lockdowns or other precautions.
"For every one of those cases that might be as that person said, there must be dozens of cases where the death was caused by coronavirus and the person wouldn't have died of that heart attack — or wouldn't have died until years later," Faust said. "At the moment, those anecdotes are the exceptions, not the rule."
At the same time, the excess deaths tally would also capture cases like Wittner's, where the usual access to health care was disrupted.
"People lose their jobs and they lose their sense of purpose and become despondent, and you sometimes see them lose their lives," said Benjamin Miller, Well Being's chief strategy officer, citing a 2017 study that found that for every percentage point increase in unemployment, opioid overdose deaths increased 3.6%.
Meanwhile, hospitals across the nation have seen a drop-off in non-COVID patients, including those with symptoms of heart attacks or strokes, suggesting many people aren't seeking care for life-threatening conditions and may be dying at home. Denver cardiologist Dr. Payal Kohli calls that phenomenon "coronaphobia."
Kohli expects a new wave of deaths over the next year from all the chronic illnesses that aren't being treated during the pandemic.
"You're not necessarily going to see the direct effect of poor diabetes management now, but when you start having kidney dysfunction and other problems in 12 to 18 months, that's the direct result of the pandemic," Kohli said. "As we're flattening the curve of the pandemic, we're actually steepening all these other curves."
Lessons From Hurricane Maria's Shifting Death Toll
That's what happened when Hurricane Maria pummeled Puerto Rico in 2017, disrupting normal life and undermining the island's health system. Initially, the death toll from the storm was set at 64 people. But more than a year later, the official toll was updated to 2,975, based onan analysis from George Washington University that factored in the indirect deaths caused by the storm's disruptions. Even so, a Harvard study calculated the excess deaths caused by the hurricane were likely far higher, topping 4,600.
The numbers became a political hot potato, as critics blasted the Trump administration over its response to the hurricane. That prompted the Federal Emergency Management Agency to ask the National Academy of Sciences to study how best to calculate the full death toll from a natural disaster. That report is due in July, and those who wrote it are now considering how their recommendations apply to the current pandemic — and how to avoid the same politicization that befell the Hurricane Maria death toll.
"You have some stakeholders who want to downplay things and make it sound like we've had a wonderful response, it all worked beautifully," said Dr. Matthew Wynia, director of the University of Colorado Center for Bioethics and Humanities and a member of the study committee. "And you've got others who say, 'No, no, no. Look at all the people who were harmed.'"
Calculations for the ongoing pandemic will be even more complicated than for a point-in-time event like a hurricane or wildfire. The indirect impact of COVID-19 might last for months, if not years, after the virus stops spreading and the economy improves.
But Wittner's family knows they already want her death to be counted.
Throughout her high school years, Sekera dreaded entering the house before her parents came home for fear of finding her sister dead. When the pandemic forced them all indoors together, that fear turned to reality.
"No little sister should have to go through that. No parent should have to go through that," she said. "There should be ample resources, especially at a time like this when they're cut off from the world."
In mid-May, the Food and Drug Administration issued a rare public warning about an Abbott Laboratories COVID-19 test that for weeks had received high praise from the White House because of its speed: Test results could be wrong.
The agency at that point had received 15 "adverse event reports" about Abbott's ID NOW rapid COVID test suggesting that infected patients were wrongly told they did not have the coronavirus, which had led to the deaths of tens of thousands of Americans. The warning followed multiple academic studies showing higher "false negative" rates from the Abbott device, including one from New York University researchers who found it missed close to half of the positive samples detected by a rival company's test.
But then, in a move that confounded lab officials and other public health experts, a senior FDA official later that month said coronavirus tests provided outside lab settings would be considered useful in fighting the pandemic even if they miss 1 in 5 positive cases — a worrisome failure rate.
The FDA has now received a total of 106 reports of adverse events for the Abbott test, a staggering increase. The agency has not received a single adverse event report for any other point-of-care tests meant to diagnose COVID-19, an agency spokesperson said.
In a statement, Abbott Laboratories said the NYU research was "flawed" and "an outlier," citing studies with higher accuracy rates.
Though the Abbott rapid test is one of over 100 COVID-19 diagnostic tests to receive FDA emergency use authorization during the pandemic, President Donald Trump has featured the product in the White House Rose Garden and the Health and Human Services Department's preparedness and response division has issued more than $205 million worth of contracts to buy the test, according to federal contract records.
"Everybody was raving about it," a former administration official said, speaking on the condition of anonymity to discuss internal deliberations. "It's an amazing test, but it has limitations which are now being better understood."
In its own COVID-19 testing policy for labs and commercial manufacturers, the FDA says a diagnostic test should correctly identify at least 95% of positive samples.
But medical professionals are split over the lower 80% threshold for the Abbott and other point-of-care tests' "sensitivity" — a metric showing how often a test correctly generates a positive result. They are debating whether it's sufficient, given the risks that an infected person unwittingly spreads COVID-19 after receiving a negative result.
False negatives increase the risk that patients will not self-isolate or exercise other precautions — such as wearing a mask — and make more people sick than if they had had an accurate diagnosis. Evaluations of the Abbott test have been among the most mixed, with some researchers finding that the test has bigger accuracy problems, but others saying it isn't likely to miss sicker patients.
"There's no way I would be comfortable missing 2 out of 10 patients," said Susan Whittier, director of clinical microbiology at NewYork-Presbyterian/Columbia University Medical Center. Whittier and co-authors found that the Abbott test correctly identified 74% of positive samples compared with a rival test from Roche, another diagnostics giant. A point-of-care test from Cepheid, a rival company, correctly identified 99% of positives.
An FDA official cited the 80% accuracy minimum for point-of-care tests in late May even after two White House aides tested positive for the virus. The Executive Office of the President has spent roughly $140,000 on Abbott test kits, according to contract records.
In a statement, Abbott said when its test is used as intended it "is delivering reliable results and is helping to reduce the spread of infection in society by detecting more positive results than would otherwise be found." Studies from University Hospitals Cleveland Medical Center and OhioHealth found that its test detected at least 91% of positives.
In March, HHS officials announced that Cepheid would receive approximately $3.7 million through its Biomedical Advanced Research and Development Authority for coronavirus diagnostic development work; the Strategic National Stockpile also made a one-time $2.3 million purchase of Cepheid's point-of-care tests, according to an agency spokesperson.
"Knowing the true performance of such a point-of-care test and knowing that it may be less sensitive than a central lab molecular test is important, but also can play a role in triaging patients who are suspected of having COVID-19," Dr. Timothy Stenzel, director of the FDA's Office of In Vitro Diagnostics and Radiological Health, said on the call when discussing the Abbott warning. "If we are able to determine that sensitivity of the assay in controlled trial circumstances is at least 80%, we feel like that test has a valuable place going forward in this pandemic."
Until the FDA can complete post-market studies to verify performance, he said, negative results with the Abbott rapid test will be treated as "presumptive" negatives.
Despite that note of caution, governors were also told during a June 3 call with Vice President Mike Pence that the fast Abbott test should be used to test residents and staff in long-term care settings, according to two sources with knowledge of the discussions. As of May 31, more than 95,000 people in nursing homes have tested positive for COVID-19 and nearly 32,000 have died, according to the Centers for Medicare & Medicaid Services. If 20% of tests are false negatives, personnel with COVID-19 could be going about their normal activities, spreading the virus.
Spokespeople for Pence did not respond to requests for comment.
No test is perfect, whether it's for a common illness like the flu or for COVID-19, which has killed nearly 120,000 Americans. Federal officials contend that the trade-off with point-of-care tests — especially ones as fast as Abbott's, which can turn around a positive result in as little as five minutes and a negative one in 13 minutes — is that the tests can be used in spots where traditional lab tests aren't as accessible. There's also a greater risk of operator error when administering the test in the real world given the way patient specimens are collected and handled.
An FDA spokesperson said officials' "general expectation" is that companies' test validation data indicate a sensitivity of at least 95%; however, "based on the available information, FDA has issued EUAs [emergency use authorizations] to some tests that presented data indicating a sensitivity below 95%."
"Rapid and reliable detection of positive patients can be important for public health," the spokesperson said.
Cepheid would not comment on FDA's 80% standard but pointed to a Northwell Health Laboratories study finding its test was 98% accurate in detecting positives. The company has shipped approximately 6 million tests since getting FDA authorization in March.
"Experience has shown that in COVID testing, pre-analytical variables such as the site of sample collection (nasal, nasopharyngeal, throat, saliva) and the quality of the sample collected can have a large impact on test performance," Dr. David Persing, Cepheid's chief medical and technology officer, said in a statement. "Tests with higher sensitivity have a natural advantage in this setting."
As far as Abbott's test, "there are certainly some elements of it that could be improved, but I think it's a great assay," said Michael Mina, an assistant professor of epidemiology at the Harvard T.H. Chan School of Public Health, who said the NYU study was "flawed" in part because of the number of patients researchers included with such low viral loads that they wouldn't be infectious. An NYU spokesperson has defended the research.
Mina and others also took issue with the FDA's threshold.
"For them to just say 80%, it lets people game the system," he said. Companies presented with a single figure for sensitivity could manipulate which patients they test to exceed the minimum — for example, by including only very sick patients, which most tests would have an easier time detecting as a positive.
"They really need to fix this issue," Mina said.
Abbott has already made several revisions to its materials for how its test should be performed. It removed prior language in its instructions saying swabs could be placed in a type of liquid — known as viral transport medium — before the test is run because doing so caused patient specimens to be too diluted. Now, the company says only direct swabs from patients should be inserted into the machine. It also revised its instructions for handling patient specimens following a KHN story in which lab professionals voiced safety concerns.
Christopher Polage, the medical director of Duke University Health System's clinical microbiology lab, said experts have known for years that point-of-care tests are not as good at identifying known positives, but there are still legitimate situations in which they are used clinically.
"The difference now," he said, "is that people are so fearful and tolerance for false negatives is just zero."
Abbott's rapid COVID-19 test isn't the only point-of-care test to receive FDA authorization during the pandemic, but Trump has touted it the most by far, hailing the speed at which results can be given. To date, Abbott has delivered more than 3.6 million of the rapid tests to customers in all 50 states, including urgent care clinics, physicians' offices, the federal government and hospital emergency departments.
In Washington, D.C., the city government has distributed 11 Abbott testing instruments across homeless shelters, jails, long-term care facilities, a clinic that largely serves lower-income Latinos and two public hospitals in the district's poorest neighborhoods. Mobile testing units were also equipped with five Abbott machines, using them to test 40 to 50 people per site mostly at long-term care facilities, according to city officials.
The district has not found that the Abbott test has a higher rate of false negatives compared to other tests, said Dr. Jenifer Smith, director of the city's Department of Forensic Services, which oversees the city's public health lab.
"We test every test before we put it online," she said. "We didn't find the successively high rate of false negatives. In fact, we found we were getting the same results."
But several labs have found the test with the presidential seal of approval to be less accurate than some of its competitors in detecting known positives.
"Without confirmation of negatives, I wouldn't want to use it in hospitals," said Gregory Berry, director of molecular diagnostics at Northwell Health Laboratories in New York. Berry co-authored the analysis finding that the Abbott ID Now test detected nearly 88% of positive samples compared with 98% from Cepheid, whose point-of-care test takes 45 minutes. Abbott contested the findings of the Northwell and Columbia papers because it said the tests were run in a way that diluted the specimens.
Berry and other lab personnel also said that a key metric Abbott reported as part of the process for receiving FDA authorization — known as the limit of detection, which specifies how little of the virus is needed for the test to reliably detect it — doesn't match up with their own findings, and, in at least one instance, by a huge margin. A higher limit of detection means more viral material is needed for the test to detect the coronavirus. And a higher limit of detection increases the risk of false-negative results if a patient's viral burden isn't high.
Berry's analysis determined that the lowest quantity of the virus needed to identify 100% of positive cases was 20,000 copies per milliliter. Abbott's self-reported standard is a fraction of a percent of that.
Abbott said the limit of detection it provided to the FDA is accurate.
Of Abbott's stated limit, Polage said: "I'm not sure what they were thinking."
It wasn't Deon Jones' fractured cheekbone or even his concussion that most worried Dr. Amir Moarefi. He was most concerned that Jones could go blind.
"He sustained a rubber bullet direct injury to the cheek, which broke his zygomatic bone, which is your cheekbone, literally about an inch and a half from his eye and about another inch and a half from his temple," Moarefi said.
The death of George Floyd led to a national wave of protests against police brutality and racism. Law enforcement's attempts to control impassioned, mostly peaceful crowds has included tactics often deemed "less than lethal," such as tear gas, pepper spray and rubber bullets. But depending on where a person is hit, Moarefi said, those tactics can cause serious long-term injuries. And, they can kill people.
Jones was hit with a rubber bullet during a protest at Pan Pacific Park in Los Angeles on May 30. He managed to get to the emergency room at Cedars-Sinai with the help of a health care worker who was also protesting. The X-rays confirmed he had facial fractures and doctors recommended he follow up with an ophthalmologist to make sure his optic nerve hadn't been damaged by the impact.
"I had bruising under my eye and it was puffy as well, and I don't currently have health insurance," Jones said.
He wasn't sure how he'd get the care he needed from a specialist until a friend told him about a local doctor who offered to treat injured protesters, especially those without health insurance.
"I called him, then went in and I filled out some paperwork," Jones said. "I remember the girl saying, 'Your visit today will be free,' and I thought about how many people need to hear that."
In a June 4 statement, the American Academy of Ophthalmology called on domestic law enforcement officials "… to immediately end the use of rubber bullets to control or disperse crowds of protesters."
Instagram Medicine
Jones is one of hundreds of people who have contacted Moarefi for medical help since the Long Beach, California, ophthalmologist posted his offer on Instagram.
"I started to get the messages coming in and first it started off with a lot of virtual consults, a lot of messages, pictures, FaceTime chats," Moarefi said.
The requests for help quickly snowballed. His Instagram post was shared among protest groups all over the country.
"I've seen broken ankles, broken hands, broken fingers, welts all over the body. I've seen people who have sustained really bad tear gas injuries, where their entire face broke out into these nasty hives, including their eyes. Pepper spray, I've seen really bad cases. You could just see visible swelling of their eyeball," Moarefi said.
In between regularly scheduled surgeries, Moarefi checks his phone for new requests. To treat protesters in other states, he has formed a loose network of doctors he knows from medical school and conferences. Mostly he gives people medical advice via text.
Even though clashes with the police have largely died down, some protesters have festering wounds from days-old injuries.
"You get that adrenalin where you feel like you're OK. But then later when you go home, you may be doing more harm than good [by not having an injury evaluated immediately]," Moarefi said.
Health Care As A Form Of Protest
Treating protesters is the ophthalmologist's mode of protest against racial injustice and a health care system that he said doesn't treat people of color equitably.
"The feeling of injustice is what this is all about. And this is just more little bits of injustice that people are feeling if they're peacefully protesting, and they're getting hurt," Moarefi said.
The large number of reported injuries during the protests, including among KPCC/LAist reporters, has led to demands for law enforcement to stop using less-than-lethal weapons at mass gatherings.
In a statement, the LAPD said the department is looking into allegations of misconduct and use of excessive force against protesters. The department said it has assigned 40 investigators to the task, and reported a total of 56 complaint investigations, 28 of which involve alleged uses of force.
If the demonstrations continue, Moarefi and a group of 11 doctors, nurses and EMTs plan to take medical kits and treat people right on the street.
"When I put my head down and I got my pillow at night, I want to know that I've done everything that I can to help support a cause that I believe in," he said.
This story is part of a partnership that includes KPCC, NPR and Kaiser Health News.
Essentially, the president is arguing that the United States is finding more cases of COVID-19 because we are testing more — and that our increased testing makes it appear the pandemic is worse in the U.S. than in other countries.
This article was first published on Wednesday, June 17, 2020 in Kaiser Health News.
President Donald Trump sought to downplay the numbers associated with COVID-19 in the United States — which have passed 2 million confirmed cases and are nearing 120,000 lives lost — by arguing that the soaring national count was simply the result of superior testing.“If you don’t test, you don’t have any cases,” Trump said at a June 15 roundtable discussion at the White House. “If we stopped testing right now, we’d have very few cases, if any.”
It’s a talking point the administration is emphasizing. Vice President Mike Pence reiterated it during a phone call to Republican governors that evening, recommending they use the argument as a strategy to quiet public concern about surging case tallies in some states. It’s also a variation on a tweet the president sent earlier in the day.
With that in mind, we wanted to dig deeper. We reached out to the White House for comment or clarification, but we never heard back. Independent researchers told us, though, that the president’s remarks are not only misleading — they’re also counterproductive in terms of thinking through what’s needed to combat the coronavirus pandemic.
The Big Picture
Essentially, the president is arguing that the United States is finding more cases of COVID-19 because we are testing more — and that our increased testing makes it appear the pandemic is worse in the U.S. than in other countries.
“We will show more — more cases when other countries have far more cases than we do; they just don’t talk about it,” he added.
But that isn’t true.
The numbers paint a stark picture. The United States has recorded 2.1 million cases of the novel virus so far, about a quarter of the global total and more than any other country. To Trump’s point, the country is testing more now than it did at the start of the outbreak — per capita, the U.S. is in the top 20% of countries when it comes to cumulative tests run.
This beefed-up testing still likely reflects an undercount in cases, though. The problem is that the U.S. outbreak is worse than that of many other countries — so we need to be testing a higher percentage of our population than do others.
To best understand this, consider the number of tests necessary to identify a positive case. If it’s easier to find a positive case, that suggests the virus has spread further and more testing is necessary to track the spread of COVID-19.
For instance, statistics from the United States and the United Kingdom are fairly similar in terms of how many coronavirus tests are done daily per million people. But those tests yield far more positive cases in the United States. That suggests the outbreak here requires more per capita testing than does the U.K.’s.
“We have a much bigger epidemic, so you have to test more proportionately,” said Jennifer Kates, a senior vice president at KFF.
Put another way, a larger health crisis means — even after controlling for population size — the United States will have to test more people to find out where and how the virus has spread. (KHN is an editorially independent program of KFF, the Kaiser Family Foundation.)
And while the U.S. has ramped up its testing since March, many parts of the country still don’t have sufficient systems in place — from facilities to staff to medical supplies — for diagnosing COVID-19, researchers told us.
What If We Stopped Testing?
And what about the president’s assertion that “if we stopped testing right now, we’d have very few cases” or none at all?
On its literal phrasing, it’s absurd, experts said.
“The implication that not testing makes the problem go away is completely false. It could not be more false,” said Dr. Joshua Sharfstein, vice dean for public health practice and community engagement at the Johns Hopkins Bloomberg School of Public Health in Baltimore. That’s because testing doesn’t create instances of the virus — it is just a way of showing and tracking them. (The president made a similar point during the same White House roundtable event.)
But even if you take it figuratively — the idea that our expanded testing resources have inflated our sense of the epidemic — it’s still misleading.
“We’re seeing a lot of cases because we’re testing? It just doesn’t ring true,” Kates said. “The U.S. has made a lot of progress for sure. But that job is not finished.”
The president’s claim is part of a larger reelection strategy, argued Robert Blendon, a health care pollster at the Harvard T.H. Chan School of Public Health. The idea is to suggest that the health crisis is mostly exaggerated — and that things are getting better, and Americans should feel comfortable going back to work. “If the economy takes off, the president has a chance of reelection,” Blendon said. “If it contracts as a result of expansion of cases, and the only way we know how to respond is restriction of economic activity, he’s gone.”
But the problem, Blendon added, is that COVID-19 counts are still climbing in multiple states. And people are still dying of the virus.
That gets at another point: Diagnostic testing isn’t the only data source to reveal the pandemic’s existence. Let’s not forget about hospitalization rates and death counts. The number of deaths continues to rise, and hospitalizations are higher than they would be in the virus’s absence.
Our Ruling
Trump argued that the nation’s high count of COVID-19 cases is simply a result of our expanded testing capacity. His point is entirely incorrect.
The most relevant data suggests that the U.S. isn’t testing enough to match the severity of the pandemic. Even with our higher testing ratio, we’re probably still undercounting compared with other countries.
Testing doesn’t create the virus. Even without diagnostics, COVID-19 would still pose a problem. We just would know less about it.
And, in fact, eliminating testing may alter the public’s perception of the pandemic but it wouldn’t conceal it. If anything, it would likely worsen the crisis, since the public health system wouldn’t know how to accurately track and prevent the spread of the coronavirus.
The president’s claim has no merit and seriously misrepresents the severity of the public health crisis. We rate it Pants on Fire.