A ballot initiative that would have continued funding Montana's Medicaid expansion beyond June 2019 has failed. But advocates say they'll continue to push for money to keep the expansion going after that financial sunset.
A ballot initiative that would have continued funding Montana's Medicaid expansion beyond June 2019 has failed. But advocates say they'll continue to push for money to keep the expansion going after that financial sunset.
"We now turn our attention to the legislature to maintain Montana's bipartisan Medicaid expansion and protect those enrolled from harmful restrictions that would take away health insurance coverage," said a concession statement Wednesday from Chris Laslovich, campaign manager with the advocacy group Healthy Montana, which supported the measure.
Most of the money in favor of I-185 came from the Montana Hospital Association. "I'm definitely disappointed that big money can have such an outsized influence on our political process," said Dr. Jason Cohen, chief medical officer of North Valley Hospital in Whitefish.
The ballot measure would have tacked an additional $2-per-pack tax on cigarettes. It would have also taxed other tobacco products, as well as electronic cigarettes, which aren't currently taxed in Montana.
Part of the expected $74 million in additional tax revenue would have funded continuation of Medicaid expansion in Montana.
Unless state lawmakers vote to continue funding the Medicaid expansion, it's set to expire in June 2019. If that happens, Montana would become the first state to undo a Medicaid expansion made under the Affordable Care Act.
In September, Gov. Steve Bullock, a Democrat, told the Montana Association of Counties that if the Medicaid initiative failed, "we're going to be in for a tough [2019 legislative] session. Because if you thought cuts from last special session were difficult, I think you should brace, unfortunately, for even more."
Republican State Rep. Nancy Ballance, who opposed I-185, disagrees with Bullock's position. "I think one of the mistakes that was made continually with I-185 was the belief that there were only two options: If it failed, Medicaid expansion would go away; if it passed, Medicaid expansion would continue forever as it was."
Ballance, who didn't receive money to campaign against the initiative, said Medicaid expansion in Montana can be tweaked without resorting to a sweeping new tax on tobacco products.
"No one was willing to talk about a middle-ground solution where Medicaid expansion is adjusted to correct some of the things that we saw as issues or deficiencies in that program," she said. "I think now is the time to roll up our sleeves and come up with a solution that takes both sides into consideration."
Ballance said conservatives in the legislature want recipients of expansion benefits to face a tougher work requirement and means testing, so those with low incomes who also have significant assets like real estate won't qualify.
In any event, Ballance said she suspects that if the initiative had passed, it would have immediately faced a court challenge.
North Valley Hospital's Cohen said he hopes Montana will pass a tobacco tax hike someday. "We all know how devastating tobacco is to our families, our friends and our communities," Cohen said. "And I think we also all know how important having insurance coverage is, and so I think people are dedicated to fighting this battle and winning it."
Medicaid — which has been a political football between Washington and state capitols during the past decade — scored big in Tuesday's election. Following the vote, nearly 500,000 uninsured adults in five states are poised to gain Medicaid coverage under the Affordable Care Act, advocates estimate.
Medicaid — which has been a political football between Washington and state capitols during the past decade — scored big in Tuesday's election.
Following the vote, nearly 500,000 uninsured adults in five states are poised to gain Medicaid coverage under the Affordable Care Act, advocates estimate. Three deep-red states passed ballot measures expanding their programs and two other states elected governors who have said they will accept expansion bills from their legislatures.
Supporters were so excited by the victories they said they will start planning for more voter referendums in 2020.
Medicaid proponents also were celebrating the Democrats' takeover of the House, which would impede any Republican efforts to repeal the ACA and make major cuts to the federal-state health insurance program for low-income people.
"Tuesday was huge for the Medicaid program," said Katherine Howitt, associate director of policy at Community Catalyst, a Boston-based advocacy group. "The overall message is that the electorate does not see this as a Democrat or GOP issue but as an issue of basic fairness, access to care and pocketbook issue. Medicaid is working and is something Americans want to protect."
But health experts caution that GOP opposition won't fade away.
David Jones, an assistant professor in the Department of Health Law, Policy and Management at Boston University, said ballot organizers now have a blueprint on how to expand Medicaid in states that have resisted. "I see this as a turning point in ACA politics," he said. Still, he added‚ "it's not inevitable."
Medicaid is the largest government health program, insuring at least 73 million low-income Americans. Half of them are children. To date, 32 states and the District of Columbia have expanded it under the ACA. Before that law, Medicaid was generally limited to children, sometimes their parents, pregnant women and people with disabilities.
The ACA encouraged states to open the program to all Americans earning up to 138 percent of the poverty level ($16,753 for an individual in 2018). The federal government is paying the bulk of the cost: 94 percent this year, but gradually dropping to 90 percent in 2020. States pay the rest.
GOP opposition has left about 4.2 million low-income Americans without coverage in various states.
"It's not over until it's over is the story of Medicaid expansion and the Affordable Care Act as the politics never ends and the opportunity for obstruction never ends," said Jones. "But the trend overall has been to increasing implementation and increasing coverage."
Montana Fails To Endorse Funding
Two years after President Donald Trump carried Idaho, Nebraska and Utah by double-digit margins with a message that included repeal of the ACA, voters in those states approved the ballot referendums Tuesday. Together, the states have about 300,000 uninsured adults who would be eligible for the program.
In addition, Democrats secured the governor's offices in Kansas and Maine, which will increase the likelihood those states pursue expansion. Legislatures in both states have previously voted to expand, only to have GOP governors block the bills. Maine voters also passed a referendum in 2017 endorsing expansion, but Republican Gov. Paul LePage again refused to accept it.
Current and incoming Republican governors in Utah and Idaho said they wouldn't block implementation of the effort if voters approved it. Nebraska Gov. Pete Ricketts said Wednesday he would follow the will of the voters but would not support paying for it with a tax increase.
It wasn't a clean sweep, however, for Medicaid on Tuesday.
In preliminary results, a ballot issue to fund Montana's Medicaid expansion — which is already in place and slated to expire next July — was failing. Tobacco companies had mounted a campaign to stop the measure, which would have partially financed the expansion with taxes on tobacco products.
The Montana legislature and the Democratic governor are expected to address the issue in the session that starts in January. No state has reversed its Medicaid expansion, even though GOP governors in Kansas and Arkansas have threatened to do so.
Nearly 100,000 Montana residents have received Medicaid since its expansion, twice as many as expected.
Nancy Ballance, the Republican chairwoman of the Montana House Appropriations Committee who opposed the bill that expanded Medicaid in 2015, said she is confident the state legislature will extend the program past July. But she expects the legislature to put some limits on the program, such as adding an asset test and work requirements.
"There are some people in the state who may not have disabilities but need some help to access coverage," she said. "I think we can pass something without people having a gap in coverage. … That will be a priority."
"It was never our intent to simply sunset the expansion and have it go away," she said. Rather, the legislature put the sunset provision in to revisit the provision to make any changes.
Chris Jacobs, a conservative health policy analyst in Washington, D.C., said the Montana results showed that when voters are given a choice of having to pay for Medicaid expansion through a new tax they were not willing to go along.
But in Utah, voters did agree to fund their state plan by adding 0.15 percent to the state's sales tax, just over a penny for a $10 purchase.
Fernando Wilson, acting director of the Center for Health Policy at the University of Nebraska Medical Center, said the vote on the state's ballot question indicated many people wanted to help 80,000 uninsured Nebraskans gain coverage.
"I think it showed there was a clear need for it," he said. The legislature likely won't block the expansion, Wilson said, though it may try to add a conservative twist such as adding premiums or other steps.
Sheila Burke, a lecturer in health policy at Harvard Kennedy School, said voters approved Medicaid expansion not just because it would help improve health coverage for their residents but to help stabilize their hospitals, particularly those in rural areas. Hospitals have said this step helps their bottom lines because it cuts down on uninsured patients and uncompensated care.
"The broad population does see the value of Medicaid," she said. "They saw it as a loss by their states not to accept the federal funds," she said.
Despite the victories, Burke said, advocates should not assume other states such as Florida, Texas and Tennessee will follow suit.
"I don't see a radical shift, but it moves us closer," she said.
'Fertile Ground' For More Referendums
If advocates press for more referendums, Florida might be a tempting target. More than 700,000 adults there could become eligible, but the campaign would likely also be very costly.
Jonathan Schleifer, executive director of The Fairness Project, which financed the ballot initiatives in Maine in 2017 and the four states this year, refused to say which states would be targeted next.
The group is funded by the Service Employees International Union-United Healthcare Workers West, a California health care workers union.
"The GOP has been bashing the ACA for nearly a decade, and voters in the reddest states in the country just rejected that message," Schleifer said. "It's a repudiation and a tectonic shift in health care in this country."
"There is fertile ground" for more such ballot votes, said Topher Spiro, vice president for health policy at Center for American Progress, a liberal think tank. "It is clear that public opinion is on the side of Medicaid expansion and the election results merely confirm that."
"This will build momentum for expansion in other states," he added.
The election results also could have consequences on efforts by states to implement work requirements for Medicaid enrollees.
New Hampshire and Michigan — which expanded the program but recently won federal approval to add controversial work requirements — could revisit that additional mandate as a result of Democrats winning control over both houses of the legislature in New Hampshire and the governor's office in Michigan.
Voters said healthcare, particularly preserving protections for people with preexisting conditions, was their top issue. But healthcare remained more important to Democrats than to Republicans.
Health care proved important but apparently not pivotal in the 2018 midterm elections on Tuesday as voters gave Democrats control of the U.S. House, left Republicans in charge in the Senate and appeared to order an expansion of Medicaid in at least three states long controlled by Republicans.
In taking over the House, Democrats are unlikely to be able to advance many initiatives when it comes to health policy, given the GOP's control of the Senate and White House. But they will be able to deliver an effective veto to Republican efforts to repeal the Affordable Care Act, convert the Medicaid health care system for low-income people into a block grant program and make major changes to Medicare.
One likely development is an expansion of Medicaid in several of the 18 states that had so far not offered coverage made available by the Affordable Care Act. Early returns showed voters in Utah, Nebraska and Idaho easily approving ballot measures calling for expansion.
In Montana, voters are deciding if the existing expansion should be continued and the state's expenses covered by raising tobacco taxes. In preliminary results, opponents outnumbered supporters but key counties were not expected to release their tallies until Wednesday.
Medicaid might also be expanded in Kansas, where Democratic gubernatorial candidate Laura Kelly defeated GOP Secretary of State Kris Kobach. The Kansas legislature had previously passed Medicaid expansion, but it was vetoed in 2017 by former GOP Gov. Sam Brownback. Kobach had not supported the ACA expansion.
And in Maine, where voters approved Medicaid expansion in 2017 but GOP Gov. Paul LePage refused to implement it, Democrat Janet Mills was victorious. She has promised to follow the voters' wishes. LePage was not running.
In exit polling, as in many earlier surveys in 2018, voters said that health care, particularly preserving protections for people with preexisting conditions, was their top issue. But health care remained more important to Democrats than to Republicans.
Those who urged Democrats to emphasize health care this year took credit for the congressional successes. "The race for the House was a referendum on the Republican war on health care. You know it, I know it, and the Republican incumbents who shamefully tried to cover up their real record on health care and lost their seats know it," said Brad Woodhouse of the advocacy group Protect Our Care.
But the issue was not enough to save some of the Senate Democrats in states won by President Donald Trump in 2016. Sen. Claire McCaskill (D-Mo.) was defeated by GOP Attorney General Josh Hawley, who is a plaintiff in a key lawsuit seeking to declare the Affordable Care Act unconstitutional. Sens. Heidi Heitkamp (D-N.D.) and Joe Donnelly (D-Ind.), who also campaigned hard on health care, were defeated.
Nonetheless, Sen. Joe Manchin (D-W.Va.) beat Republican Patrick Morrisey, the state's attorney general who is also a plaintiff in the lawsuit seeking to upend the ACA.
Rep. Nancy Pelosi (D-Calif.), the leader of the House Democrats who would be first in line to take over as speaker, told supporters gathered in Washington for a victory celebration that her caucus would make health care a key legislative issue.
"It's about stopping the GOP and [Senate Majority Leader] Mitch McConnell's assault on Medicare, Medicaid and the Affordable Care Act and the health care of 130 million Americans living with preexisting medical conditions," she said. She pledged that Democrats would take "very, very strong legislative action" to lower the cost of prescription drugs.
Among the many new faces in the House is at least one with some significant experience in health policy. Former Health and Human Services Secretary Donna Shalala, who ran the department for all eight years of the Clinton administration, won an open seat in Florida.
The tobacco tax initiative has become the most expensive ballot measure race in Montana history, drawing $17 million in opposition funding from tobacco companies in a state with fewer than 200,000 smokers.
Montana legislators expanded Medicaid by a very close vote in 2015. They passed the measure with an expiration date: It would sunset in 2019, and all who went onto the rolls would lose coverage unless lawmakers voted to reapprove it.
Fearing legislators might not renew funding for Medicaid's expanded rolls, Montana's hospitals and health advocacy groups came up with a ballot measure to keep it going — and to pay for it with a tobacco tax hike.
If ballot initiative I-185 passes Tuesday, it will mean an additional $2-per-pack tax on cigarettes and levy a tax on e-cigarettes, which are currently not taxed in Montana.
The tobacco tax initiative has become the most expensive ballot measure race in Montana history — drawing more than $17 million in opposition funding from tobacco companies alone — in a state with fewer than 200,000 smokers.
Amanda Cahill works for the American Heart Association and is a spokeswoman for Healthy Montana, the coalition backing the measure. She said coalition members knew big tobacco would fight back.
"We poked the bear, that's for sure," Cahill said. "And it's not because we were all around the table saying, 'Hey, we want to have a huge fight and go through trauma the next several months.' It's because it's the right thing to do."
Most of the $17 million has come from cigarette maker Altria. According to records from the National Institute on Money in Politics, that's more money than Altria has spent on any state proposition nationwide since the center started keeping track in 2004.
Meanwhile, backers of I-185 have spent close to $8 million on the initiative, with most of the money coming from the Montana Hospital Association.
"What we want to do is — No. 1 — stop Big Tobacco's hold on Montana," Cahill said. Also, she continued, it's imperative that the nearly 100,000 people in Montana who have gotten Medicaid under the expansion will be able to keep their health care.
Cahill said I-185 will allocate plenty of money to cover the expansion, though some lawmakers say the state can't afford the expansion even with higher taxes.
Nancy Ballance, a Republican representative in the Montana state Legislature, opposes the measure.
"In general I am not in favor of what we like to refer to as 'sin taxes,' " Ballance said. "Those are taxes that someone determines should be [levied] so that you change people's behavior."
Ballance also isn't in favor of ballot initiatives that, she said, try to go around what she sees as core functions of the Legislature: deciding how much revenue the state needs, for example, or where it should come from, or how it should be spent.
"An initiative like this for a very large policy with a very large price tag — the Legislature is responsible for studying that," Ballance said. "And they do so over a long period of time, to understand what all the consequences are — intended and otherwise."
Most citizens, she said, don't have the time or expertise to develop that sort of in-depth understanding of a complicated issue.
Montana's initiative to keep Medicaid's expansion going would be a "double whammy" for tobacco companies, said Ben Miller, the chief strategy officer for the nonprofit Well Being Trust.
"People who are covered are more likely to not smoke than people who are uninsured," said Miller, who has studied tobacco tax policies for years. He notes research showing that people with lower incomes are more likely than those with higher incomes to smoke; and if they're uninsured, they're less likely to quit.
Federal law requires Medicaid to offer beneficiaries access to medical help to quit smoking.
Plus, Miller added, every time cigarette taxes go up — thereby increasing the price per pack — that typically leads to a decrease in the number of people smoking.
And that, he said, works against a tobacco company's business model, "which is, 'you need to smoke so we can make money.' "
Ballance agrees that tobacco companies likely see ballot initiatives like I-185 as threats to their core business. But, she said, "for anybody who wants to continue smoking, or is significantly addicted, the cost is not going to prohibit them from smoking."
MODESTO, Calif. — Betsy Foster and Doug Dillon are devotees of Josh Harder. The Democratic upstart is attempting to topple Republican incumbent Jeff Denham in this conflicted, semi-rural district that is home to conservative agricultural interests, a growing Latino population and liberal San Francisco Bay Area refugees.
To Foster's and Dillon's delight, Harder supports a "Medicare-for-all" health care system that would cover all Americans.
Foster, a 54-year-old campaign volunteer from Berkeley, believes Medicare-for-all is similar to what's offered in Canada, where the government provides health insurance to everybody.
Dillon, a 57-year-old almond farmer from Modesto, says Foster's description sounds like a single-payer system.
"It all means many different things to many different people," Foster said from behind a volunteer table inside the warehouse Harder uses as his campaign headquarters. "It's all so complicated."
Across the country, catchphrases such as "Medicare-for-all," "single-payer," "public option" and "universal health care" are sweeping state and federal political races as Democrats tap into voter anger about GOP efforts to kill the Affordable Care Act and erode protections for people with preexisting conditions.
Republicans, including President Donald Trump, describe such proposals as "socialist" schemes that will cost taxpayers too much. They say their party is committed to providing affordable and accessible health insurance, which includes coverage for preexisting conditions, but with less government involvement.
Voters have become casualties as candidates toss around these catchphrases — sometimes vaguely and inaccurately. The sound bites often come across as "quick answers without a lot of detail," said Gerard Anderson, a professor of public health at the Johns Hopkins University Bloomberg School Public Health.
"It's quite understandable people don't understand the terms," Anderson added.
For example, U.S. Sen. Bernie Sanders (I-Vt.) advocates a single-payer national health care program that he calls Medicare-for-all, an idea that caught fire during his 2016 presidential bid.
But Sanders' labels are misleading, health experts agree, because Medicare isn't actually a single-payer system. Medicare allows private insurance companies to manage care in the program, which means the government is not the only payer of claims.
What Sanders wants is a federally run program charged with providing health coverage to everyone. Private insurance companies wouldn't participate.
In other words: single-payer, with the federal government at the helm.
Absent federal action, Democratic gubernatorial candidates Gavin Newsom in California, Jay Gonzales in Massachusetts and Andrew Gillum in Florida are pushing for state-run single-payer.
To complicate matters, some Democrats are simply calling for universal coverage, a vague philosophical idea subject to interpretation. Universal health care could mean a single-payer system, Medicare-for-all or building upon what exists today — a combination of public and private programs in which everyone has access to health care.
Others call for a "public option," a government plan open to everyone, including Democratic House candidates Antonio Delgado in New York and Cindy Axne in Iowa. Delgado wants the public option to be Medicare, but Axne proposes Medicare or Medicaid.
Are you confused yet?
Sacramento-area voter Sarah Grace, who describes herself as politically independent, said the dialogue is over her head.
"I was a health care professional for so long, and I don't even know," said Grace, 42, who worked as a paramedic for 16 years and now owns a holistic healing business. "That's telling."
In fact, most voters approached for this article declined to be interviewed, saying they didn't understand the issue. "I just don't know enough," Paul Her of Sacramento said candidly.
"You get all this conflicting information," said Her, 32, a medical instrument technician who was touring the state Capitol with two uncles visiting from Thailand. "Half the time, I'm just confused."
The confusion is all the more striking in a state where the expansion of coverage has dominated the political debate on and off for more than a decade. Although the issue clearly resonates with voters, the details of what might be done about it remain fuzzy.
A late-October poll by the Public Policy Institute of California shows the majority of Californians, nearly 60 percent, believe it is the responsibility of the federal government to make sure all Americans have health coverage. Other state and national surveys reveal that health care is one of the top concerns on voters' minds this midterm election.
Democrats have seized on the issue, pounding GOP incumbents for voting last year to repeal the Affordable Care Act and attempting to water down protections for people with preexisting medical conditions in the process. A Texas lawsuit brought by 18 Republican state attorneys general and two GOP governors could decimate protections for preexisting conditions under the ACA — or kill the law itself.
Republicans say the current health care system is broken, and they have criticized the rising premiums that have hit many Americans under the ACA.
Whether the Democratic focus on health care translates into votes remains to be seen in the party's drive to flip 23 seats to gain control of the House.
The Denham-Harder race is one of the most watched in the country, rated too close to call by most political analysts. Harder has aired blistering ads against Denham for his vote last year against the ACA, and he sought to distinguish himself from the incumbent by calling for Medicare-for-all — an issue he hopes will play well in a district where an estimated 146,000 people would lose coverage if the 2010 health law is overturned.
Yet Harder is not clinging to the Medicare-for-all label and said Democrats may need to talk more broadly about getting everyone health care coverage.
"I think there's a spectrum of options that we can talk about," Harder said. "I think the reality is we've got to keep all options open as we're thinking towards what the next 50 years of American health care should look like."
To some voters, what politicians call their plans is irrelevant. They just want reasonably priced coverage for everyone.
Sitting with his newspaper on the porch of a local coffee shop in Modesto, John Byron said he wants private health insurance companies out of the picture.
The 73-year-old retired grandfather said he has seen too many families struggle with their medical bills and believes a government-run system is the only way.
"I think it's the most effective and affordable," he said.
Linda Wahler of Santa Cruz, who drove to this Central Valley city to knock on doors for the Harder campaign, also thinks the government should play a larger role in providing coverage.
But unlike Byron, Wahler, 68, wants politicians to minimize confusion by better defining their health care pitches.
"I think we could use some more education in what it all means," she said.
Hospitals often avoid the glitches by turning the software off and switching to paper charts. But that's less than ideal since hospitals have evolved to become increasingly reliant on electronic systems.
Modern technology has helped medical professionals do robot-assisted surgeries and sequence whole genomes, but hospital software still can't handle daylight saving time.
One of the most popular electronic health records software systems used by hospitals, Epic Systems, can delete records or require cumbersome workarounds when clocks are set back for an hour, prompting many hospitals to opt for paper records for part of the night shift.
And it happens every year.
"It's mind-boggling," said Dr. Mark Friedberg, a senior physician policy researcher at RAND, adding that in 2018, "we expect electronics to handle something as simple as a time change. "Nobody is surprised by daylight savings time. They have years to prep. Only, surprise, it hasn't been fixed."
Dr. Steven Stack, a past president of the American Medical Association, called the glitches "perplexing" and "unacceptable," considering that hospitals spend millions of dollars on these systems, and Apple and Google seem to have dealt with seasonal time changes long ago. Epic was founded in 1979, but some hospitals have used these electronic systems longer than others.
Carol Hawthorne-Johnson, an ICU nurse in California, said her hospital doesn't shut down the Epic system during the fall time change. But she's come to expect that the vitals she enters into the system from 1 a.m. to 2 a.m. will be deleted when the clock falls back to 1 a.m. One hour's worth of electronic record-keeping "is gone," she said.
Hospital staff have learned to deal with it by taking extra chart notes by hand, but it's still a burden, she said, especially if vitals change, or a patient needs something like a blood transfusion.
Although hospitals often avoid the software glitches by turning the software off and switching to paper charts, it's far from ideal because hospitals have evolved to become increasingly reliant on electronic systems, said Stack, an emergency physician in Kentucky.
"When [electronic medical records] work, it's wonderful," he said, but when the system is turned off, doctors can't use it to access patient records or order tests. Whiteboards are a thing of the past, and some staff members aren't as comfortable with paper records because they've relied on electronic records their entire careers.
"It's an hour where you're flying sort of blind," Friedberg said.
The one-hour pause slows everything down, which can cause patients to spend more time in emergency department waiting rooms, prompting some to go home before seeing a health care provider. That's dangerous, Stack said.
Not all hospitals turn Epic off, however. At Johns Hopkins Hospital, providers who need to check patients periodically through the night use a workaround. They enter vitals at 1 a.m. and then when the clock falls back an hour later and they have to enter new vitals, they list them at 1:01 a.m. They leave a note that it's an hour later, not a minute later. That's how the Cleveland Clinic does it, too.
"I don't disagree with the sentiment that we would like health IT systems to be much more sophisticated," said Dr. Peter Greene, Johns Hopkins chief medical information officer. But there are plenty of other problems he'd like to see fixed first. "This particular aspect is not one that has caused us a lot of trouble."
Other electronic medical records systems may require similar workarounds, said Jennifer Carpenter, vice president of IT clinical systems at University Hospitals in Cleveland, which uses several electronic medical records systems. Cerner, another major electronic medical records company, was unavailable for comment, but many hospitals plan for Cerner to be down during the time change, too.
When asked to comment on the glitches and workarounds, Epic spokeswoman Meghan Roh provided the following statement:
"Daylight savings time is inherently nuanced for healthcare organizations, which is why we work closely with customers to provide guidance on how to most effectively use their system to care for their patients during this time period. We're constantly making improvements and looking for opportunities to enhance the system."
But Friedberg pointed out that hospitals are locked into their electronic medical record systems because they've invested so much money in them. And it would cost even more to convert and transfer the records into a new system. As a result, there's little incentive for software companies to improve their products, he said.
"I shudder to think … what does it do with leap years?" Friedberg wondered.
Voters this year have told pollsters in no uncertain terms that health care is important to them. In particular, maintaining insurance protections for preexisting conditions is the top issue to many.
But the results of the midterm elections are likely to have a major impact on a broad array of other health issues that touch every single American. And how those issues are addressed will depend in large part on which party controls the U.S. House and Senate, governors' mansions and state legislatures around the country.
All politics is local, and no single race is likely to determine national or even state action. But some key contests can provide something of a barometer of what's likely to happen — or not happen — over the next two years.
For example, keep an eye on Kansas. The razor-tight race for governor could determine whether the state expands Medicaid to all people with low incomes, as allowed under the Affordable Care Act. The legislature in that deep red state passed a bill to accept expansion in 2017, but it could not override the veto of then-Gov. Sam Brownback. Of the candidates running for governor in 2018, Democrat Laura Kelly supports expansion, while Republican Kris Kobach does not.
Here are three big health issues that could be dramatically affected by Tuesday's vote.
1. The Affordable Care Act
Protections for preexisting conditions are only a small part of the ACA. The law also made big changes to Medicare and Medicaid, employer-provided health plans and the generic drug approval process, among other things.
Republicans ran hard on promises to get rid of the law in every election since it passed in 2010. But when the GOP finally got control of the House, the Senate and the White House in 2017, Republicans found they could not reach agreement on how to "repeal and replace" the law.
This year has Democrats on the attack over the votes Republicans took on various proposals to remake the health law. Probably the most endangered Democrat in the Senate, Heidi Heitkamp of North Dakota, has hammered her Republican opponent, U.S. Rep. Kevin Cramer, over his votes in the House for the unsuccessful repeal-and-replace bills. Cramer said that despite his votes he supports protections for preexisting conditions, but he has not said what he would do or get behind that could have that effect.
Polls suggest Cramer has a healthy lead in that race, but if Heitkamp pulled off a surprise win, health care might well get some of the credit.
And in New Jersey, Rep. Tom MacArthur, the moderate Republican who wrote the language that got the GOP health bill passed in the House in 2017, is in a heated race with Democrat Andy Kim, who has never held elective office. The overriding issue in that race, too, is health care.
It is not just congressional action that has Republicans playing defense on the ACA. In February, 18 GOP attorneys general and two GOP governors filed a lawsuit seeking a judgment that the law is now unconstitutional because Congress in the 2017 tax bill repealed the penalty for not having insurance. Two of those attorneys general — Missouri's Josh Hawley and West Virginia's Patrick Morrisey — are running for the Senate. Both states overwhelmingly supported President Donald Trump in 2016.
The attorneys general are running against Democratic incumbents — Claire McCaskill of Missouri and Joe Manchin of West Virginia. And both Republicans are being hotly criticized by their opponents for their participation in the lawsuit.
Although Manchin appears to have taken a lead, the Hawley-McCaskill race is rated a toss-up by political analysts.
But in the end the fate of the ACA depends less on an individual race than on which party winds up in control of Congress.
"If Democrats take the House … then any attempt at repeal-and-replace will be kaput," said John McDonough, a former Democratic Senate aide who helped write the ACA and now teaches at the Harvard School of Public Health.
Conservative health care strategist Chris Jacobs, who worked for Republicans on Capitol Hill, said a new repeal-and-replace effort might not happen even if Republicans are successful Tuesday.
"Republicans, if they maintain the majority in the House, will have a margin of a half dozen seats — if they are lucky," he said. That likely would not allow the party to push through another controversial effort to change the law. Currently there are 42 more Republicans than Democrats in the House. Even so, the GOP barely got its health bill passed out of the House in 2017.
And political strategists say that, when the dust clears after voting, the numbers in the Senate may not be much different so change could be hard there too. Republicans, even with a small majority last year, could not pass a repeal bill there.
2. Medicaid expansion
The Supreme Court in 2012 made optional the ACA's expansion of Medicaid to cover all low-income Americans up to 138 percent of the poverty line ($16,753 for an individual in 2018). Most states have now expanded, particularly since the federal government is paying the vast majority of the cost: 94 percent in 2018, gradually dropping to 90 percent in 2020.
Still, 17 states, all with GOP governors or state legislatures (or both), have yet to expand Medicaid.
McDonough is confident that's about to change. "I'm wondering if we're on the cusp of a Medicaid wave," he said.
Four states — Nebraska, Idaho, Utah and Montana — have Medicaid expansion questions on their ballots. All but Montana have yet to expand the program. Montana's question would eliminate the 2019 sunset date included in its expansion in 2016. But it will be interesting to watch results because the measure has run into big-pocketed opposition: the tobacco industry. The initiative would increase taxes on cigarettes and other tobacco products to fund the state's increased Medicaid costs.
In Idaho, the ballot measure is being embraced by a number of Republican leaders. GOP Gov. Butch Otter, who is retiring after three terms, endorsed it Tuesday.
But the issue is in play in other states, too. Several non-expansion states have close or closer-than-expected races for governor where the Democrat has made Medicaid expansion a priority.
In Florida, one of the largest states not to have expanded expanded Medicaid, the Republican candidate for governor, former U.S. Rep. Ron DeSantis, opposes expansion. His Democratic opponent, Tallahassee Mayor Andrew Gillum, supports it.
However, the legislatures in both states have opposed the expansion, and it's not clear if they would be swayed by arguments from a new governor.
3. Medicare
Until recently, Republicans have remained relatively quiet about efforts to change the popular Medicare program for seniors and people with disabilities.
Their new talking point is that proposals to expand the program — such as the often touted "Medicare-for-all," which an increasing number of Democrats are embracing — could threaten the existing program.
"Medicare is at significant risk of being cut if Democrats take over the House," Rep. Greg Gianforte (R-Mont.) told the Lee Montana Newspapers. "Medicare-for-all is Medicare for none. It will gut Medicare, end the VA as we know it, and force Montana seniors to the back of the line."
Gianforte's Democratic opponent, Kathleen Williams, is proposing another idea popular with Democrats: allowing people age 55 and over to "buy into" Medicare coverage. That race, too, is very tight.
Meanwhile, back in Washington, congressional Republicans are more concerned with how Medicare and other large government social programs are threatening the budget.
"Sooner or later we are going to run out of other people's money," said Chris Jacobs.
Senate Majority Leader Mitch McConnell suggested in an Oct. 16 interview with Bloomberg News that entitlement programs like Medicare are "the real driver of the debt by any objective standard," but that bipartisan cooperation will be needed to address that problem
Republican Jacobs and Democrat McDonough think that's unlikely any time soon.
"Why would Democrats give that up as an issue heading into 2020?" asked McDonough, especially because Republicans in recent years have been proposing deep cuts to the Medicare program.
Agreed Jacobs, "Trump may not want that to be the centerpiece of a re-election campaign."
Companies sometimes promote new products, but withhold the detailed findings until much later. The consequences for both consumers and the health system are vast.
At the end of September, Amarin Corp. teased some early findings for Vascepa, its preventive medicine for people at risk of heart disease. The claim was astounding: a 25 percent relative risk reduction for deaths related to heart attacks, strokes and other conditions. Headlines proclaimed a potential game changer in treating cardiovascular disease. And company shares quickly soared, from $3 a share to about $20.
Vascepa is Amarin's only product. The company wants to turn its pill made of purified fish oil into a cash cow, allowing it to staff up both in the United States and abroad so it can sell doctors and millions of consumers on its medical benefits. Although the product has been on the market for more than five years, its first TV ad campaign rolled out this summer in anticipation of the study findings.
Except there is one problem. The particulars of the scientific study on which this claim was based remain a mystery.
Amarin's preliminary announcement came via a news release on Sept. 24. The company plans to release detailed findings in November at the national American Heart Association conference. Then early next year, it plans to seek Food and Drug Administration approval to use the drug as a preventive for a range of heart conditions, beyond its current role targeting high triglyceride levels.
In the interim, a battle is brewing among physicians, cardiovascular experts and pharma watchers who say Vascepa brings to the foreground troubling trends in the marketing and advertising of new drugs. Companies sometimes promote new products, but withhold the detailed findings until much later. The consequences for both consumers and the health system are vast.
"Until all the data is available for review by the public and medical community, it's really premature to see some of the cheerleading that's being done," said Dr. Eric Strong, a hospitalist and clinical assistant professor at Stanford School of Medicine. "It's harder to change people's minds once you have these rosy pictures."
John Thero, Amarin's CEO, argued that the imminent release of the drug's complete picture should alleviate those concerns.
In unveiling topline findings in a news release, he said, the company's playbook doesn't diverge from that of other pharmaceutical makers, and provides a necessary level of disclosure for shareholders.
But it's the specifics in the data — for instance, which patients benefited, by how much, their absolute risk reduction and which precise conditions saw improvement — that illustrate whether a product is cost-effective, said medical and drug experts.
That's especially true in the case of Vascepa, whose manufacturer is working hard to convince people the product is clinically superior to ordinary fish oil supplements. Fish oil, which can retail for a few dollars a bottle, has long been promoted as a preventive for heart disease. But the substance has never held up in clinical trials as a way to systematically lower disease risk, said experts.
That's where Amarin's product is superior, Thero said.
The manufacturer has tried to limit competition by seeking to block other fish oil products —arguing to the U.S. International Trade Commission that omega-3 supplements aren't equivalents, and calling on the FDA to block a chemical component of fish oil, known as EPA and marketed by a number of supplement companies, from being sold as a dietary supplement. Amarin hasn't yet prevailed.
Preston Mason, a biologist who consults for Amarin and has advocated on its behalf, argued that ordinary fish oil supplements carry risks because they are not regulated or approved by the FDA, which does oversee prescription drugs like Vascepa.
How Vascepa performs against regular fish oil remains unknown. Amarin's trial compared the drug against a placebo, not over-the-counter supplements.
Vascepa itself isn't new. It was approved in 2012 as a remedy for extremely high triglyceride levels, which can put patients at risk for pancreatic problems. But reducing that fat hadn't been conclusively tied to, say, lowering the risk of heart attacks, or other major cardiac problems.
That link, ostensibly, is what Amarin is trying now to assert. And there's plenty of money to be made if it succeeds.
As of last December, Vascepa retailed for about $280 for a month-long supply, a list price increase of 43 percent over five years, though the company says its net sale price has stayed the same. (That difference would come if Amarin increased the size of rebates, or discounts it provides, commensurate with price hikes.)
Now, citing the drug's potentially increased value, Amarin has declined to say whether it will change the price again — though Thero said he sees greater profit potential if the company increases sales volume rather than price.
This gets at the crux of this debate. If a company makes available the technical details of a product, but only after hyping the findings, and if the details undercut some of that buzz — is it too late?
Dr. Khurram Nasir, a Yale cardiologist, acknowledged that it's unclear how effective Vascepa really is, but maintained those ambiguities will be cleared up soon enough.
"As the findings reveal themselves, there will be a lot of discussion around cost effectiveness, and whether this is worth the spend," Nasir said.
Mason, the Amarin scientist, said FDA scrutiny can also alleviate concerns about overhype.
But others worry the perception of Vascepa's effectiveness is now set.
"People are weighing in with really strong language, without enough information," said Dr. Lisa Schwartz, who co-directs the Dartmouth Institute's Center for Medicine and Media and studies effective scientific communication.
That has both clinical and financial consequences, she added. Doctors are more likely to prescribe a product that's been heavily promoted, even if subsequent discussion indicates the drug isn't as powerful as initially implied. And manufacturers can cash in, whether through increased company stock market value or by charging higher list prices.
For Vascepa, the central question is which specific heart conditions saw risk reduction, she and others said. In its news release, Amarin noted a "composite outcome" — that is, the 25 percent relative improvement encompassed all conditions for which the researchers tested.
"People are saying, Wow, it reduced heart attack, stroke and blah, blah, blah — when it may just reduce the least important one," said Dr. Steven Woloshin, Schwartz's research partner.
Another issue: The Vascepa trial focused on a specific population — patients with high triglyceride levels plus elevated risk of cardiovascular disease or diabetes who were already taking a daily statin. That means any proof of benefit is limited to that group.
Woloshin and Schwartz both suggested that nuance could get lost in translation. "It is this much narrower, high-risk population," Schwartz said.
Woloshin added, "The fear is [the message] would generalize to anyone with high triglycerides."
This concern is amplified by a 2016 court settlement in which the FDA permitted Amarin to market Vascepa to audiences for whom it hasn't been specifically approved — so long as the company doesn't say anything untrue about the drug.
Thero said Amarin's marketing of Vascepa has stayed, and will remain, consistent with what is factual and relevant.
"We are proceeding consistently with what the FDA has guided," he said.
But, some experts said, the 2016 settlement could unlock the door to wider marketing of Vascepa's off-label use, implying the pill benefits more people than it actually does.
"They'll take pains to show how different this is from everything out there … and its results in these populations," said Dr. Ameet Sarpatwari, an epidemiologist and lawyer at Harvard Medical School, who studies the pharmaceutical industry. "What they can't do is say it will be beneficial to these other populations. But they can hint at that."
Despite federal rules requiring plans to keep up-to-date directories, consumers may lack access to clear information about which health plans have 'narrow networks' of providers or which hospitals and doctors are in or out of an insurer's network.
As a breast cancer survivor, Donna Catanuchi said she knows she can't go without health insurance. But her monthly premium of $855 was too high to afford.
"It was my biggest expense and killing me," said Catanuchi, 58, of Mullica Hill, N.J.
A "navigator" who helps people find coverage through the Affordable Care Act found a solution. But it required Catanuchi, who works part time cleaning offices, to switch to a less comprehensive plan, change doctors, drive farther to her appointments and pay $110 a visit out-of-pocket — or about three times what she was paying for her follow-up cancer care.
She now pays $40 a month for coverage, after she qualified for a substantial government subsidy.
Catanuchi's switch to a more affordable but restrictive plan reflects a broad trend in insurance plan design over the past few years. The cheaper plans offer far narrower networks of doctors and hospitals and less coverage of out-of-network care. But many consumers are overwhelmed or unaware of the trade-offs they entail, insurance commissioners and policy experts say.
With enrollment for ACA health plans beginning Nov. 1, they worry that consumers too often lack access to clear information about which health plans have "narrow networks" of medical providers or which hospitals and doctors are in or out of an insurer's network, despite federal rules requiring plans to keep up-to-date directories.
"It's very frustrating for consumers," said Betsy Imholz, who represents the advocacy group Consumers Union at the National Association of Insurance Commissioners. "Health plan provider directories are often inaccurate, and doctors are dropping in and out all the time."
These more restrictive plans expose people to larger out-of-pocket costs, less access to out-of-network specialists and hospitals, and "surprise" medical bills from unforeseen out-of-network care.
More than 14 million people buy health insurance on the individual market — largely through the ACA exchanges, and they will be shopping anew this coming month.
Both have more restrictive networks and offer less out-of-network coverage compared with preferred provider organizations (PPOs), which represented 21 percent of health plans offered through the ACA exchanges in 2018, according to Avalere, a health research firm in Washington, D.C.
PPOs typically provide easier access to out-of-network specialists and facilities, and partial — sometimes even generous — payment for such services.
Measured another way, the number of ACA plans offering any out-of-network coverage declined to 29 percent in 2018 from 58 percent in 2015, according to a recent analysis by the Robert Wood Johnson Foundation.
For example, in California, HMO and EPO enrollment through Covered California, the state's exchange, grew from 46 percent in 2016 to 70 percent in 2018, officials there said. Over the same period, PPO enrollment declined from 54 percent to 30 percent.
In contrast, PPOs have long been and remain the dominant type of health plan offered by employers nationwide. Forty-nine percent of the 152 million people and their dependents who were covered through work in 2018 were enrolled in a PPO-type plan. Only 16 percent were in HMOs, according to the Kaiser Family Foundation's annual survey of employment-based health insurance.
The good news for people buying health insurance on their own is that the trend toward narrow networks appears to be slowing.
"When premiums shot up over the past few years, insurers shifted to more restrictive plans with smaller provider networks to try and lower costs and premiums," said Chris Sloan, a director at Avalere. "With premium increases slowing, at least for now, that could stabilize."
Some research supports this prediction. Daniel Polsky, a health economist at the University of Pennsylvania, found that the number of ACA plans nationwide with narrow physician networks declined from 25 percent in 2016 to 21 percent in 2017.
Polsky is completing an analysis of 2018 plans and expects the percent of narrow network plans to remain "relatively constant" for this year and into 2019.
"Fewer insurers are exiting the marketplace, and there's less churn in the plans being offered," said Polsky. "That's good news for consumers."
Insurers may still be contracting with fewer hospitals, however, to constrain costs in that expensive arena of care, according to a report by the consulting firm McKinsey & Co. It found that 53 percent of plans had narrow hospital networks in 2017, up from 48 percent in 2014.
"Narrow networks are a trade-off," said Paul Ginsburg, a health care economist at the Brookings Institution. "They can be successful when done well. At a time when we need to find ways to control rising health care costs, narrow networks are one legitimate strategy."
Ginsburg also notes that there's no evidence to date that the quality of care is any less in narrow versus broader networks, or that people are being denied access to needed care.
Mike Kreidler, Washington state's insurance commissioner, said ACA insurers in that state "are figuring out they can't get away with provider networks that are inadequate to meet people's needs."
"People have voted with their feet, moving to more affordable choices like HMOs but they won't tolerate draconian restrictions," Kreidler said.
The state is stepping in, too. In December 2017, Kreidler fined one insurer — Coordinated Care — $1.5 million for failing to maintain an adequate network of doctors. The state suspended $1 million of the fine if the insurer had no further violations. In March 2018, the plan was docked another $100,000 for similar gaps, especially a paucity of specialists in immunology, dermatology and rheumatology. The $900,000 in potential fines continues to hang over the company's head.
Pennsylvania Insurance Commissioner Jessica Altman said she expects residents buying insurance in the individual marketplace for 2019 to have a wider choice of providers in their networks.
"We think and hope insurers are gradually building more stable networks of providers," said Altman.
New State Laws
Bad publicity and recent state laws are pushing insurers to modify their practices and shore up their networks.
About 20 states now have laws restricting surprise bills or balance billing, or which mandate mediation over disputed medical bills, especially those stemming from emergency care.
Even more have rules on maintaining accurate, up-to-date provider directories.
The problem is the laws vary widely in the degree to which they "truly protect consumers," said Claire McAndrew, a health policy analyst at Families USA, a consumer advocacy group in Washington, D.C. "It's a patchwork system with some strong consumer protections and a lot of weaker ones."
"Some states don't have the resources to enforce rules in this area," said Justin Giovannelli, a researcher at the Center on Health Insurance Reforms at Georgetown University. "That takes us backward in assuring consumers get coverage that meets their needs."
Like many Republican candidates struggling to explain how they could support protections for preexisting conditions while also supporting changes that would gut them, Rep. Tom MacArthur has offered vague but persistent promises to shield Americans with medical conditions.
EDGEWATER PARK, N.J. — Not long ago many voters knew little about Tom MacArthur. A low-key moderate Republican congressman in a district that twice went for Barack Obama, he burnished his reputation as the guy who worked with Democrats to help rebuild in the years after Hurricane Sandy.
Now, as he wages a bitter fight for re-election to a seat he won by 20 percentage points just two years ago, even some of his supporters have turned virulently against him. The reason? His new reputation as the turncoat whose legislation almost repealed the Affordable Care Act.
Like many Republican candidates struggling to explain how they could support protections for preexisting conditions while also supporting changes that would gut them, MacArthur has offered vague but persistent promises to shield Americans with medical conditions.
But he also wrote the Republican legislation that would have allowed states to charge those Americans higher premiums or limit what services are covered, gaining enough support for the repeal bill to clear the House last year.
As such, MacArthur's candidacy has become a kind of Rorschach test for Republicans' repeated attempts to repeal and otherwise undermine the Affordable Care Act — and how much candidates in swing districts will pay for those efforts.
If this New Jersey district is any indication, it could be a lot.
Sue Coleman, 64, split her ballot in 2016, voting for MacArthur and Hillary Clinton. "I thought he was a moderate, so I voted for him," she said. Today, she feels so angry that she arrived at a recent political event at the 45th Street Pub here wearing an unruly wig, a full beard and mustache paired with a dark suit and blood-red tie — imitating one of the congressman's top aides who has become a familiar gatekeeper as she and others have personally lobbied MacArthur. The crowd laughed and cheered.
Earlier that day, dozens of people, most of them women, gathered in a strip mall parking lot before scattering to knock on doors on behalf of MacArthur's Democratic challenger, Andy Kim. MacArthur "didn't listen to the people," said Nancy Keegan, 57, of Delran Township, N.J., as she stood with her sisters.
Some of the volunteers couldn't help but point out that the high school across the street was where MacArthur held a nearly five-hour town hall last year that made national headlines for the irate crowd of constituents and protesters who shouted down explanations of his attempts to resuscitate the repeal effort. MacArthur has made fewer, and more limited, public appearances since then.
In a sign of the race's power to help Democrats reclaim the House, members of Planned Parenthood, NARAL and Rep. Katherine Clark (D-Mass.) were on hand to energize the sweatshirt- and sneaker-clad crowd. While it has been about a year and a half since MacArthur bolstered the Republican repeal effort, the anger hasn't faded. Said Susan Harper, 64, also of Delran Township and Keegan's sister: "I don't think that's going away."
MacArthur, 58, a wealthy insurance executive who has received hundreds of thousands of dollars in corporate contributions and invested millions of his own in his campaigns, is locked in "a true toss-up" this year, said David Wasserman, an editor at the Cook Political Report. Kim, 36, — a former Obama administration national security official — had raised $750,000 more than MacArthur had by the end of September.
Trump won MacArthur's 3rd Congressional District — which spans the state from the suburbs outside Philadelphia to the tourist destinations and retirement communities of the Jersey Shore — by about 6 points. In spring 2017, as House Republicans bickered over how to repeal the health care reform law, MacArthur — then a leader of the chamber's moderate Republican caucus — brokered a deal with far-right members. It would have allowed states to circumvent some of the law's protections for people with medical conditions, if they set up high-risk insurance pools to help cover those patients.
Through that compromise, known as the MacArthur Amendment, the bill passed the House without any Democratic support. It later stalled in the Senate.
Less than a week later, appearing at that town hall in his district's Democratic stronghold, MacArthur spoke of losing his 11-year-old daughter, Grace, to a rare neurological condition, a painful story he had rarely discussed in public.
The death of MacArthur's daughter "is the very reason his constituents do not understand his actions," said Maura Collinsgru, the health care program director at New Jersey Citizen Action, a liberal watchdog group. "How could you, having had that experience, justify your votes?"
Democrats across the country have been hitting their Republican opponents hard on the issue in light of the repeal effort and a legal effort by many Republican state attorneys general to end protections for preexisting conditions. Republicans are fighting back with promises but few plans to match. During a recent forum on a local TV station, MacArthur said: "I fought to protect preexisting conditions, and I've always supported that."
The MacArthur campaign did not respond to multiple requests for an interview.
Kim, who has never held elected office, started considering whether to run when MacArthur's compromise was released, he said. But he was convinced after doctors warned him and his wife that their unborn son was dangerously underweight.
"I told my wife that if we could get through this, and if our baby is born and he is stable, I want to do what I can to hold my representative accountable for what he did," he said. Today, Kim said, his son is doing fine.
Kim has framed himself as the anti-MacArthur, vowing to hold in-person town halls once a month and reject corporate contributions.
Further complicating MacArthur's re-election prospects is his vote for the Republican tax bill, which the nonpartisan Tax Policy Center said would be most damaging for New Jersey, where it estimated 10.2 percent of households would see their federal taxes increase this year. He was the only New Jersey lawmaker to support it.
Mike DuHaime, a strategist who advised former Republican Gov. Chris Christie on his 2009 campaign, said Kim is benefiting from the "historical and partisan headwinds" facing Republican incumbents in blue states like New Jersey.
"Anyone who thinks Tom MacArthur doesn't care about those with preexisting conditions is grossly mistaken and completely unaware of the type of person he is," he wrote in an email. "He was trying to forge progress, and when you do that, you will be criticized."
But in a time of such intense political loyalties, it is unclear whether MacArthur's role in trying to repeal the Affordable Care Act would be damaging enough to oust him.
"It seems to me in this election people have chosen their tribal corners and issues have less potency overall," said Tom Moran, the editorial page editor and political columnist at the state's largest newspaper, the Star-Ledger.
"But if there is one issue that penetrates," he added, "it's health care."