Its text was expected to be released Friday with the formal introduction of the measure. Comedian Jon Stewart, a strong advocate for the 9/11 health act, is also taking up the cause of burn pit vets.
The bipartisan bill, modeled on both Agent Orange legislation and the 9/11 health act, aims to help unknown thousands of veterans who got sick after being exposed to toxic substances from massive open fire pits where the military burned its garbage, as well as other sources.
The Department of Veterans Affairs estimates some 3.5 million service members were exposed to the toxic trash plumes in Iraq, Afghanistan and other battlegrounds, and maintains a burn pits registry through which nearly 236,000 veterans have reported exposures. President Joe Biden believes that toxic smoke is responsible for the brain cancer that killed his son Beau in 2015.
Yet the VA and the military deny the vast majority of claims for retirement and health benefits from ill veterans, leaving them to cope with disability and mounting medical bills on their own until they die.
The reasons range from simple denials that noxious fumes caused illnesses to the classic problems even the sickest veterans encounter when they confront enormous snarls of red tape at the VA and Department of Defense.
Generally, it’s up to the sick service members to prove their cases.
Sens. Kirsten Gillibrand (D-N.Y.) and Marco Rubio (R-Fla.) predict their bill will finally ease that burden. “The bottom line is that our veterans served our country, they are sick, and they need health care — period,” said Gillibrand.
“No more excuses. No more delays. It is time to act,” Rubio said.
The bill is called “The Presumptive Benefits for War Fighters Exposed to Burn Pits and Other Toxins Act.” Its text was expected to be released Friday with the formal introduction of the measure. Comedian Jon Stewart, a strong advocate for the 9/11 health act, is also taking up the cause of burn pit vets.
It comes on the heels of Senate testimony from veterans such as Will Thompson, who still can’t get his military retirement benefits even though his double-lung replacement makes him 100% disabled, he said. His lungs failed after breathing the trash smoke in Iraq, and doctors found traces of jet fuel and metal in his tissue.
Thompson said he suffered a mild stroke shortly after the March 10 hearing in which he visibly struggled to deliver his testimony. His doctors told him it stemmed from treating skin cancer that he’s more susceptible to because of the immunosuppressants he must take to keep his body from rejecting his transplanted lungs.
He and others are tired of waiting on a system that leaves many worse off than he is.
“I’m blessed. I can still walk and talk,” Thompson said Thursday. “You got soldiers who are sick. That means soldiers need help. Give them the help they need, immediately. You know, make sure that you pass a bill that says, ‘OK, we got a soldier dying of cancer. They need help right now.’ They don’t need a process and a bunch of red tape.”
The Gillibrand-Rubio bill is the second to be rolled out this week to deal with burn pits. Another bipartisan bill announced Tuesday led by Sen. Thom Tillis (R-N.C.) is the Toxic Exposure in the American Military Act, or TEAM Act, which also aims to get veterans treatment for illnesses linked to toxic exposures. It creates a process for the VA to determine illnesses for which vets would be presumed to be eligible for health care benefits if they served in specific locations.
Some veterans’ advocates support the TEAM Act as a step in the right direction, but many others prefer the Gillibrand-Rubio approach, which takes the disease determination process out of the military’s hands, and starts by spelling out a dozen illnesses that should be covered at once if someone served in the relevant locations.
Advocates fear that Congress, which has a history of deferring to the military, may opt for the less aggressive bill, which also would likely be less expensive, although cost estimates are not yet available for either bill.
“I’m very worried and it’s very hard for me not to be angry about it,” said Rosie Torres, who worked for the VA for 23 years and founded the advocacy group Burn Pits 360 because her husband was denied benefits after he returned from war.
She expects Congress to choose the cheaper option.
“There shouldn’t be a price tag on the lives of war heroes and war fighters and their widows. This is what Lincoln’s motto is, to take care of the widow and the orphan, and they’re not really abiding by that, if they were to go with what’s cheaper,” Torres said, referring to the Abraham Lincoln quote that the VA has adopted.
Thompson, who works with Torres’ group, said the important thing for sick veterans is to make it simple, and do it soon.
“Just get it started. Just get them into the VA, get ’em signed up, you know what I mean? Get them some help,” Thompson said. “That way at least they’re getting help, and they’re not dying in their homes and they’re not dying in small hospitals that don’t have the services.”
She spent decades running a family dry cleaning store outside Cleveland after emigrating from South Korea 40 years ago. She still freelances as a seamstress, although work has slowed amid the COVID-19 pandemic.
While Lee likes to treat her arthritis with home remedies, each year the pain in the knuckles of her right middle finger and ring finger increases until they hurt too much to touch. So about once a year she goes to see a rheumatologist, who administers a pain-relieving injection of a steroid in the joints of those fingers.
Her cost for each round of injections has been roughly $30 the past few years. And everything is easier, and less painful for a bit, after each steroid treatment.
So, in late summer she masked up and went in for her usual shots. She noticed her doctor's office had moved up a floor in the medical building, but everything else seemed just the same as before — same injections, same doctor.
Then the bill came.
The Patient: Kyunghee Lee, a 72-year-old retiree with UnitedHealthcare AARP Medicare Advantage Walgreens insurance who lives in Mentor, Ohio
Medical Service: Steroid injections into arthritic finger joints
Service Provider: University Hospitals Mentor Health Center, part of the University Hospitals health system in northeastern Ohio
Total bill: $1,394, including a $1,262 facility fee listed as "operating room services." The balance included a clinic charge and a pharmacy charge. Lee's portion of the bill was $354.68.
What Gives: Lee owed more than 10 times what she had paid for the same procedure done before by the same physician, Dr. Elisabeth Roter.
Lee said it was the "same talking, same injection — same time."
Lee and her family were outraged by the sudden price hike, considering she had gotten the same shots for the far lower price multiple times in the years before. Her daughter, Esther, said this was a substantial bill for her mother on her Social Security-supplemented income.
"This is a senior citizen for whom English is not her first language. She doesn't have the resources to fight this," Esther Lee said.
What had changed was how the hospital system classified the appointment for billing. Between 2019 and 2020, the hospital system "moved our infusion clinic from an office-based practice to a hospital-based setting," University Hospitals spokesperson George Stamatis said in an emailed statement.
That was a change in definition for billing. The injection was given in the same medical office building, which is not a hospital. Lee did not need or get an infusion, which requires the insertion of an IV and some time spent allowing the medicine to flow into a vein.
Nonetheless, that change allowed the hospital system to bill what's called a "facility fee," laid out on Lee's bill as "operating room services." The increasingly controversial charge — basically a room rental fee — comes without warning, as hospitals are not required to inform patients of it ahead of time.
Hospitals say they charge the fee to cover their overhead for providing 24/7 care, when needed. Stamatis also noted the cost of additional regulatory requirements and services "that help drive quality improvement and assurance, but do increase costs."
But facility fees are one reason hospital prices are rising faster than physician prices, according to a 2019 research article in Health Affairs.
"Facility fees are designed by hospitals in particular to grab more revenue from the weakest party in health care: namely, the individual patient," said Alan Sager, a professor of health policy and management at the Boston University School of Public Health.
Lee's insurance had changed to a Medicare Advantage plan in 2020. The overall cost for the appointment was nearly three times what it was in 2017 — before insurance even got involved.
The National Academy for State Health Policy has drafted model legislation for states to clamp down on the practice, which appears to have worsened, Executive Director Trish Riley said, as more private practices have been bought by hospitals and facility fees are tacked onto their charges.
"It's the same physician office it was," she said. "Operating in exactly the same way, doing exactly the same services — but the hospital chooses to attach a facility fee to it."
New York, Oregon and Massachusetts are pursuing legislation to curtail this practice, she said. Connecticut has a facility fee transparency law on the books, and Ohio, where Lee lives, is considering legislation that would prohibit facility fees for telehealth services.
But Riley noted it's difficult to fight powerful hospital lobbyists in a pandemic political climate, where hospitals are considered heroic.
The Centers for Medicare & Medicaid Services has attempted to curtail facility fees by introducing a site-neutral payment policy. The American Hospital Association sued over the move and plans to take the case to the Supreme Court.
Resolution: Lee's daughter, Esther Lee, was furious with the hospital over the fee. Her mom, who is fiercely independent, finally brought her the bill after trying for weeks to get the billing office to change it.
"This is wrong," Esther Lee said. "Even if it was a lot of money for services properly rendered, then of course she would pay it. But that's not the case here."
When Lee called her doctor's office to complain, they told her to talk to the billing department of the hospital. So Lee, with Esther's help, repeatedly called the billing department and filed a complaint with Medicare.
"I don't want to lose my credit," Kyunghee Lee said. "I always paid on time."
But after receiving a "final notice" in February, and then being threatened with being sent to collections, the Lee family gave up the fight. Esther Lee paid the bill for her mother. But she's worried her mom will delay getting the shots now, putting up with the pain longer, as she knows they are more expensive.
The Takeaway: When planning an outpatient procedure like an injection or biopsy, call ahead to ask if it will happen in a place that's considered a "hospital setting" — even if you think you understand the office's billing practices. Ask outright if there will be a facility fee — and how much — even if there's not been one before. If it's an elective procedure, you can search for a cheaper provider.
One easy place to scout for more affordable care is the office of a doctor whose practice has not been bought by a hospital. It is the hospital, not your longtime doctor, that is adding the fee, said Marni Jameson Carey, executive director of the Association of Independent Doctors.
"This is one of the terrible fallouts of consolidation," Carey said.
Stephanie O'Neill contributed to the audio version of this story.
Bill of the Month is a crowdsourced investigation by KHN and NPR that dissects and explains medical bills. Do you have an interesting medical bill you want to share with us? Tell us about it!
A little-used law called the Congressional Review Act allows a new administration with a like-minded Congress to fast-track the repeal of regulations and other executive actions.
Undoing many of the policies of his predecessor is one of President Joe Biden's top priorities. In early February, Biden even got a little defensive about all the executive actions he was taking in his first days in office to halt policies set by President Donald Trump. "I'm not making new law," he said Feb. 2. "I'm eliminating bad policy."
But as easy as it sounds on the campaign hustings or in a 30-second political ad, it's complicated to overturn rules from earlier administrations. There is one tool, however, that Biden and the Democratic Congress could use to undo the policies the Trump administration left behind. A little-used law called the Congressional Review Act allows a new administration with a like-minded Congress to fast-track the repeal of regulations and other executive actions with simple majority votes in both chambers and no filibuster in the Senate.
So far, though, Congress has made no attempt to use it, and the president has not called for it. And it appears there are no specific plans to do so, at least not on health-related policies.
Time is of the essence when it comes to using the CRA. With a few exceptions, it applies to only those Trump administration policies finalized between Aug. 21, 2020, and Jan. 20, 2021. And it's available for only the first 60 legislative days — those that either the House or Senate is officially working in Washington — of the new Congress. That end date will likely land sometime in April.
KHN is tracking health regulations, guidance and executive orders implemented during Trump's term and whether those policies will continue under the Biden administration.
Trump and the GOP-controlled Congress were not shy about using the CRA to eliminate policies implemented by the Obama administration. Between Feb. 14 and May 17, 2017, Congress passed and the president signed rollbacks of 14 regulations, according to the Congressional Research Service. Before 2017, the 1996 law had been used only once — when the new George W. Bush administration and GOP-led Congress repealed a Clinton-era worker safety rule in 2001.
But experts said it's not surprising that the Democrats haven't followed that pattern this year.
"The CRA is such a blunt instrument," said Daniel Pérez, a senior policy analyst at George Washington University's Regulatory Policy Center. "There are other tools at their disposal."
Using the act is also risky. Under its provisions, once a policy is repealed, no administration can issue a "substantially similar" regulation. But how similar is too similar? No one knows, and it's never been tested.
"It's kind of a legal gray area," said Pérez.
The Biden administration may well be the one to test that. One regulation repealed by the Republican Congress using the Congressional Review Act in 2017 dealt with the Title X family planning program. The Obama-era rule forbade state health departments from withholding Title X funding as long as organizations were able to provide family planning services. Several states had banned Planned Parenthood affiliates and other clinics that performed abortions from participating in the program. Title X has not, from its inception in 1970, funded abortions, but abortion providers have long participated to provide contraceptive and other health services.
Family planning groups would like to see those state policies blocked once again.
But the failure to use the Congressional Review Act may be about more than just getting organized in time. Many Trump policy changes that Democrats may want to ditch were part of larger regulations that touched a wide variety of subjects and could include policies that Biden's team wants to keep. But Congress can't dismiss only part of a rule.
"The nature of healthcare rule-making is they tend to be omnibus," said Katie Keith, a health policy researcher and law professor at Georgetown University.
For example, a Jan. 19 regulation finalized by the Trump administration cuts funding for Affordable Care Act marketplace operations and codifies changes that would make it easier for states to create health plans that do not include all the protections offered by the ACA. But those changes are embedded within a much larger regulation required each year to keep the health law operating.
Biden administration officials, rather than try to repeal the entire regulation, will likely rewrite just the pieces they disagree with. That will take significant time and resources. That raises another hurdle the White House has encountered as it tries to change health policy. The Senate has yet to confirm a director for the Office of Management and Budget, and new Health and Human Services Secretary Xavier Becerra was sworn in only last week. Both agencies are required for health regulations to proceed.
"My own two cents is this is not the product of a deliberate decision not to use the CRA," said Sara Rosenbaum, a health law and policy professor at George Washington University. "It's more a problem with the messiness they have run into with starting up the new administration. They don't know what they want to do with these rules."
And the transition period was especially tumultuous. Both the Biden administration and the new Congress were delayed in getting organized. First, Trump refused to concede the election — which sparked a mob attack on the Capitol. Then, once it was official that Biden had won, the Senate — now evenly split, 50-50 — didn't change hands to Democratic control until Inauguration Day, when Vice President Kamala Harris became the tie-breaking vote. An agreement on how to run the Senate and committees took even longer to negotiate between the Democrats and Republicans. Plus, before two Democratic challengers swept the Jan. 5 Georgia runoffs, most people thought the Senate would remain in Republican hands, so the CRA would not have been a viable option.
Even when Democrats assumed control of the Senate and White House, the early weeks were crowded with an impeachment trial, efforts to get control of the pandemic response and the COVID-19 relief bill that passed earlier this month.
It's not too late for Congress to turn to the Congressional Review Act. Keith said one possible use would be on a last-minute Trump regulation known as the sunset rule. It requires HHS to review 18,000 of its regulations, and those not reviewed within a set period will automatically end. A group of health and other interest groups, led by Santa Clara County in California, sued to block the rule March 9.
But congressional action could be a cleaner way to end the rule. "That strikes me as something the Democrats would like to see never come back again," said Keith.
ST. LOUIS — Missourians have driven hours to find vaccines in rural counties — at least those with cars and the time. Tens of thousands of doses are waiting to be distributed, slowly being rolled out in a federal long-term care program. Waitlists are hundreds of thousands of people long. Black residents are getting left behind.
Missouri's rocky vaccine rollout places it among the bottom states nationwide, with 23.7% of the population vaccinated with at least one dosef as of Thursday, compared with the national average of 26.3%. If Missouri were on par with the national rate, that would be roughly equivalent to more than 162,000 additional people vaccinated, or almost the entire population of the city of Springfield.
Part of the problem, health experts said, is that the state bypassed its 115 local health departments in its initial vaccine rollout plans. Instead, state officials largely outsourced the work to hospitals, consultants and federal programs, reasoning hospitals and mass vaccination sites had the workforce and facilities to deliver high numbers of vaccines.
Meanwhile, local health departments and federally qualified health centers, which typically reach the most vulnerable populations not connected to traditional health systems, were each initially left to divvy up about 8% of the state's vaccine supply. That allocation has since increased to 15%, but it hasn't been enough to fill the remaining gaps.
"You get what we pay for," said Spring Schmidt, former co-acting director of the St. Louis County health department, noting public health departments in the state have been underfunded for decades. "This is an infrastructure that is similar to governmental utilities or other services that our citizens expect to be provided for them and tend to only notice when they fall."
The local health departments knew what needed to be done. "We've drilled for this, we've got plans on shelves that are collecting dust for this," Schmidt said.
But that's the rub of long-standing health department underfunding: Even with all the plans honed in flu and H1N1 vaccination campaigns, health departments still would need the staff and facilities to pull off something of this scale, said Dr. Alex Garza, head of the St. Louis Metropolitan Pandemic Task Force, a consortium of the area's major hospital systems. And the state and county governments aren't providing the necessary funding to do the job.
A 2020 Kaiser Health News and AP investigation found that Missouri public health staffing at the state level had fallen 8% from 2010 to 2019, a loss of 106 full-time employees. Public health spending per Missourian was $50 per year — one of the bottom 10 states in the nation.
When the pandemic struck, local health departments had only 408 employees trained to give vaccinations, according to a report released Friday by #HealthierMO, a group advocating for better public health in the state. That means if only those staffers had given vaccines, they would each need to vaccinate some 15,000 people — in many cases, administering two shots. In even the most efficient scenario, with each person taking five minutes to vaccinate, that would take more than seven months for just one shot per person.
The U.S. public health system has been starved for decades and lacks the resources necessary to confront the worst health crisis in a century.
At the same time, public health officials get blamed for enacting pandemic safety measures. State legislators are discussing limits to public health powers and local officials have withheld funding from their health departments, hindering their power to act in the crisis.
A Question of Equity
Missouri public health officials said the outsourcing approach missed the mark on the mission of public health: getting the vaccine to those who need it the most.
Only 9.9% of Black Missourians are vaccinated, as opposed to 18.3% of white Missourians, according to available data. A series of reports produced by Deloitte, a major consulting firm advising the state on the rollout, showed a pattern of vaccine deserts in metro areas, where the state's Black residents are concentrated.
Nationally, non-Hispanic Black Americans are 1.9 times more likely to die of COVID than white Americans, according to a Centers for Disease Control and Prevention analysis. Black Missourians make up 13.1% of the state's COVID deaths, higher than their 11.8% share of the population.
Some of the Deloitte reports in early March also found nearly a third of Missouri residents traveled outside their county to get vaccinated. Democratic state Sen. Jill Schupp and other critics have said the initial rollout data shows it's because the geographic allocation of vaccines did not match up with population sizes.
"If you are elderly and don't do that kind of driving, if you're low-income and don't have that access to transportation, if you're a working person who can't take time off work to drive an hour and a half one way to get your vaccine — those people are left to fend for themselves," Schupp said.
Decisions were made to prioritize vaccines based on population and risk factors, said state Health and Senior Services Director Dr. Randall Williams and Gov. Mike Parson's deputy chief of staff, Robert Knodell. They say no single group would be happy with their allocation amid the limited initial vaccine supply.
Adam Crumbliss, the state's director for its division of community and public health, noted state officials have concerns about data discrepancies that have made Missouri appear to be lagging. Missouri state health officials and federal government officials have sparred over at least four data issues.
CDC spokesperson Kate Fowlie said a state file recording over 34,000 administered doses did not upload to federal systems due to data errors in January, and the state took two weeks to fix it. She added the CDC and Missouri have had an ongoing conversation about missing data from a provider who had improperly submitted counts of doses given.
Crumbliss also said some 76,000 unused doses are in the long-term care facilities pharmacy program with CVS and Walgreens, which slows down Missouri's vaccination rate. The federal initiative has come under fire for its delays.
But according to the CDC, only 50,000 or so doses in the pharmacy program are left to be administered in Missouri. "A handful of long-term care facilities in Missouri had a late start on their first clinics, and are therefore still wrapping up the third and final clinics," Fowlie said, noting the state could work with the federal partnership to redistribute any remaining doses.
A Political Matter
At the very heart of the heartland, Missouri is one of the states that never enacted a mask mandate — not even after the Republican governor and his wife contracted COVID-19 in September.
Parson also hasn't shied away from fights with health officials. After Garza called for more vaccine doses to be allocated to the St. Louis area in early February, Parson accused him of spreading "fear and panic" with false information.
But after weeks of outcry, the state began to target the more populated St. Louis and Kansas City areas. Parson has also begun tweeting in support of local public health officials.
Still, the political animus against public health is continuing in the Missouri legislature — as it is in at least 23 other states — where lawmakers are weighing bills to curtail public health powers. The deployment of quarantine orders and other long-standing public health powers to combat the pandemic are now up for debate, while public health departments fight for funding.
"No one is wearing masks in the Capitol, and you're asking public health officials to go and testify in person, against their own guidance," said Will Marrs, a lobbyist for the Missouri Association of Local Health Agencies. "It's very much not normal."
Legislators did not fight, however, over an emergency ruling for businesses and organizations to officially jump the vaccination line. So far, at least 90 have applied. Records obtained by KHN show that the state health department approved at least 15 entities to get the vaccines earlier, including healthcare giant Centene and the St. Louis Convention and Visitors Commission, as well as libraries and companies assisting in COVID testing and vaccine manufacturing.
The Funding Question
Even amid a pandemic, it's been a struggle to get money to local health departments. The state used $9.8 million initially sent from the CDC last spring, instead of passing it along to local health departments.
Last summer, state legislators decided that county commissioners would determine whether local health departments got CARES Act funding. Many commissioners were mad at their health departments for shutting down local businesses, so they refused to fork over funds, said Larry Jones, executive director for the Missouri Center for Public Health Excellence, a consortium of public health leaders.
According to a state health department survey, at least 40 local health departments hadn't received any of the money as of early October. Those that did reported an average of 8% of county CARES money, instead of the state-recommended 15%.
In Kansas City, over $226,000 in CARES funds was allocated over the summer to Cruise Holidays, a travel company, according to Platte County's Landmark newspaper. It wasn't until this March that the local health department received almost $228,000, said department spokesperson Natalie Klaus, far less than the $1.8 million the state recommended.
The state has been allocated $55 million from the CDC for the vaccine rollout, of which state health department spokesperson Lisa Cox said $20 million is heading to local departments soon. More is expected to come in the new $1.9 trillion federal stimulus package.
Jones is concerned history will repeat itself with vaccination funding not getting where it helps the most people. Brian Castrucci, CEO of the de Beaumont Foundation, which advocates for public health, also isn't optimistic.
"How confident are we that states that are actively trying to limit public health authority are going to do a good job of spending this money appropriately?"
KHN data reporter Hannah Recht contributed to this report.
With a challenge to the Affordable Care Act still pending at the Supreme Court, conservatives are continuing to launch legal attacks on the law, including a case in which a Texas federal judge seems open to ending the requirement that most Americans must receive preventive services like mammograms free of charge.
Businesses and individuals challenging the ACA's first-dollar coverage mandate for preventive services have legal standing and legitimate constitutional and statutory grounds to proceed with their lawsuit to overturn it, U.S. District Judge Reed O'Connor ruled late last month in Fort Worth. O'Connor, who previously found the entire ACA to be unconstitutional, denied most of the federal government's motion to dismiss the case, Kelley v. Azar.
The plaintiffs cite religious and free-market objections to the ACA requirement in their class action suit against the government seeking to halt enforcement of the requirement.
The ACA requires most private individual and group health plans and some Medicaid programs to cover recommended preventive services for adults and children without charging deductibles or copayments. Medicare's preventive care benefits also were enhanced.
These changes have made it more affordable for Americans to get a wide range of services, such as cancer screenings, contraception, HIV prevention drugs, vaccines, tobacco cessation treatment, alcohol abuse counseling and domestic violence counseling.
"This is a huge deal," said Tim Jost, a retired Washington & Lee University law professor who tracks ACA litigation and has written about the suit and other efforts by conservative groups in Texas to undermine the ACA and other health policies. "It's billions and billions of dollars of services that Americans get every year, not just from ACA health plans but also from employer plans. If this benefit ends, it would mean a lot of people would forgo preventive services and end up with much worse medical problems."
Based on O'Connor's Feb. 25 order, it appears likely he will rule in favor of the plaintiffs, said Nicholas Bagley, a University of Michigan law professor who also studies ACA litigation. "We know where he's going, and it worries me."
The attorney representing the plaintiffs, Jonathan Mitchell of Austin, a former Texas solicitor general, declined to speak on the record about the case.
O'Connor, a Republican-appointed conservative, could issue a preliminary injunction blocking first-dollar coverage of preventive services nationwide, which he did in an earlier ACA lawsuit involving coverage for contraceptives. If he does that, or if he moves directly to a summary decision in favor of the plaintiffs, the Biden administration likely would appeal to the 5th U.S. Circuit Court of Appeals, a conservative court that partly upheld O'Connor's 2018 finding that the ACA is unconstitutional.
The Supreme Court is expected to issue a ruling soon in that case, California v. Texas, in which 21 Republican attorneys general claimed that Congress' decision in 2017 as part of its tax cut bill to zero out the ACA's monetary penalty on individuals for not obtaining health insurance made the entire law unconstitutional.
The Department of Health and Human Services did not respond to a request for comment.
Giving people access to preventive services without charge has increased early detection of cancer and other serious medical problems and has saved lives, said Skye Perryman, general counsel for the American College of Obstetricians and Gynecologists. "It's been a true women's health success story, and any threat to those services is incredibly concerning," she said.
The ACA's elimination of cost sharing for screening of colorectal cancer led to a significant increase in the number of colorectal cancer cases diagnosed at an early stage in Medicare beneficiaries, according to a 2017 Health Affairs study.
But it's not clear how insurers and employers view the costs and benefits of this first-dollar coverage, and whether they would reestablish cost sharing if the mandate were struck down. Several insurance groups did not respond to requests for comment.
The plaintiffs' most effective argument, legal experts said, may be that members of the three agencies that decide which preventive services must be provided at no charge to consumers are not appointed by the president and confirmed by the Senate. That means they are not constitutionally authorized to make binding regulatory decisions, the plaintiffs argue.
Under the ACA, the U.S. Preventive Services Task Force, the Advisory Committee on Immunization Practices and the Health Resources and Services Administration — whose members are medical professionals — make these determinations based on research.
Another issue that could prove compelling to conservative judges on the 5th Circuit and the Supreme Court is the plaintiffs' argument that Congress cannot delegate responsibility to executive branch agencies to make binding regulatory decisions without providing clear guidance. At least four Republican-appointed justices have indicated a desire to limit this kind of agency discretion.
"This case provides a vehicle for the conservative legal movement to cripple the American administrative state," said Bagley. "I suspect this will get to the Supreme Court."
O'Connor also permitted the plaintiffs' claim that the mandate to cover drugs to prevent HIV infection in high-risk people violates the Religious Freedom Restoration Act of 1993 by forcing them to subsidize "homosexual behavior" to which they have religious objections. The Supreme Court, he wrote, "has held that compelling the purchase of insurance that includes medications that violate one's sincerely held religious beliefs can be a violation of the RFRA."
Even if the Supreme Court leaves the ACA mostly or fully intact in its California v. Texas decision, some legal experts say, the preventive services case shows that anti-ACA groups will continue to try to chip away at it through lawsuits brought before conservative judges, likely in the 5th Circuit.
"ACA litigation isn't over," Jost cautioned. "The Supreme Court may never again hear a challenge to the entire ACA, but that does not mean the law is now secure."
One November night in a Missouri prison, Charles Graham woke his cellmate of more than a dozen years, Frank Flanders, saying he couldn't breathe. Flanders pressed the call button. No one answered, so he kicked the door until a guard came.
Flanders, who recalled the incident during a phone interview, said he helped Graham, 61, get into a wheelchair so staff members could take him for a medical exam. Both inmates were then moved into a COVID-19 quarantine unit. In the ensuing days, Flanders noticed the veins in Graham's legs bulging, so he put towels in a crockpot of water and placed hot compresses on his legs. When Graham's oxygen levels dropped dangerously low two days later, prison staff members took him to the hospital.
"That ended up being the last time that I seen him," said Flanders, 45.
Graham died of COVID on Dec. 18, alarming Flanders and other inmates at the Western Missouri Correctional Center in Cameron, about 50 minutes northeast of Kansas City. His death reinforced inmates' concerns about their own safety and the adequacy of medical care at the prison. Such concerns are a major reason Flanders and many other inmates said they are wary of getting vaccinated against COVID-19. Their hesitancy puts them at greater risk of suffering the same fate as Graham.
Inmates pointed to numerous COVID deaths they considered preventable, staffing shortages and guards who don't wear masks. While corrections officials defended their response to COVID, Flanders said he's apprehensive about how the department handles "most everything here recently," which colors how he thinks about the vaccines.
Reluctance to get a COVID vaccine is not unique to Missouri inmates. At a county jail in Massachusetts, nearly 60% of more than 400 people incarcerated said in January they would not agree to be vaccinated. At a federal prison in Connecticut, 212 of the 550 inmates offered the vaccines by early March declined the shots, including some who were medically vulnerable, The Associated Press reported.
The Missouri Department of Corrections said March 12 that more than 4,200 state inmates had received the vaccine out of 8,000 who were eligible because they were at least 65 years old or had certain medical conditions. Officials were still working to vaccinate 1,000 additional eligible inmates who had requested the shots. The department had not begun vaccinating the remaining 15,000 inmates or surveyed them to determine their interest in the vaccines. So far, about 18% of the total prison population has been vaccinated, which roughly tracks with the overall rate in Missouri even though inmates are at higher risk for COVID than Missourians generally and should be easier to vaccinate given they are already in one place together.
Missouri placed the majority of inmates in its lowest vaccine priority group. It is one of 14 states to either do that or not specify when they will offer the vaccines to inmates, according to the COVID Prison Project, which tracks data on the virus in correctional facilities.
Another is Colorado, where Democratic Gov. Jared Polis moved inmates to the back of the vaccine line amid public pressure. The emergence of a more contagious variant of the virus at one prison, however, forced officials to adjust their plans and instead start vaccinating all inmates at that facility.
Lauren Brinkley-Rubinstein, prison project co-founder and professor of social medicine at the University of North Carolina, said that disregarding health officials' recommendation to prioritize people living in tight quarters might make inmates less trustful of prison staff "when they come around and say, 'Hey, it's finally your turn. Let me inject you with this.'"
States cannot mandate that inmates take the vaccines. But Missouri officials have tried to encourage them by distributing safety information about it, including a video debunking myths featuring a scientist from Washington University in St. Louis.
But persuasion is proving difficult at Western Missouri, given inmates' longtime distrust of prison management. Flanders, Graham and others were transferred there from neighboring Crossroads Correctional Center following a 2018 riot that caused an estimated $1.3 million in damage and led to its closure. Inmates were angry that staff shortages had reduced time for recreation and other programming.
Officials acknowledge that staff shortages have persisted through the pandemic. "Corrections is not the most popular place to work right now," Missouri corrections director Anne Precythe said at an early March NAACP town hall on COVID and prisons.
Flanders, who is serving a life sentence for first-degree robbery, said the prison didn't have enough nursing staffers to check on him during a bout with mild COVID in November. He said other sick inmates also didn't receive appropriate medical attention. Karen Pojmann, a corrections department spokesperson, said she could not comment on specific offenders' medical issues.
Tim Cutt, executive director of the Missouri Corrections Officers Association, said he's seen no evidence that Western Missouri even had a plan to contain COVID. "They were quarantining for a while," he said, "but it was a haphazard attempt."
Also fueling skepticism of prison healthcare, inmates said, is the failure of many staff members to follow the corrections department's mask mandate. Byron East, who is serving a life sentence for murder at South Central Correctional Center, two hours southwest of St. Louis, said in a phone interview that he has begged officers — many of whom live in conservative, rural areas where masks are less common — to wear face coverings.
"As an employee, your job is to protect, and we are not able to protect ourselves," said East, 53. "You can catch something and then come in here and spread it to us."
Amy Breihan, co-director of the Missouri office of the Roderick & Solange MacArthur Justice Center, a nonprofit civil rights law firm, said she didn't see a single officer wearing a mask on Feb. 10 when she visited a correctional facility in Bonne Terre, Missouri.
Corrections Department Deputy Director Matt Sturm confirmed Breihan's account at the NAACP town hall and said it has been addressed. He said the department expects staff members in all prisons to wear masks while inside when they can't stay 6 feet apart from others.
"Right from the beginning, the Department of Corrections in Missouri has taken COVID extremely serious," Sturm said. The department deployed "everything we could get our hands on to help either prevent or contain COVID," including equipment for ventilation and disinfection.
Still, Missouri has reported at least 5,500 COVID cases and 48 deaths among inmates at the state's adult correctional institutions during the pandemic. The department doesn't break down COVID deaths by prison, but data from the advocacy group Missouri Prison Reform showed Western Missouri had 21 total deaths from COVID or other causes last year, more than any other state prison even though its population isn't the largest. Statistics on deaths in the previous year were not immediately available.
An automatic email reply from Eve Hutcherson, a former spokesperson for Corizon Health, which manages healthcare in Missouri prisons, directed a reporter to Steve Tomlin, senior vice president of business development, but he didn't respond to questions. The company, one of the country's largest for-profit correctional healthcare providers, faced more than 1,300 lawsuits over five years, according to a 2015 report from the financial research firm PrivCo. In Arizona, Corizon paid a $1.4 million fine for failing to comply with a 2014 settlement to improve inadequate healthcare for inmates.
Despite concerns about prison healthcare, however, some inmates have agreed to get the shot. East, who is Black, said he initially decided against it because he didn't trust prison health and thought about the legacy of the Tuskegee experiments from 1932 to 1972, when researchers withheld treatment for Black men infected with syphilis. But he changed his mind after reading about how safe the vaccines are.
Flanders, meanwhile, is still weighing whether to get vaccinated as he mourns the death of his longtime cellmate Graham, a convicted murderer whom he considered a friend and father figure.
Flanders' mother, Penny Kopp, said Graham helped Flanders manage his finances and kept him from gambling and getting involved with "inmates who are troublemakers." Kopp, a former corrections officer in Indiana and Colorado, said she understands the challenges of working in a prison but wonders if enough was done to save her son's cellmate.
Flanders said getting the shot would mean putting himself at the mercy of prison staffers, as Graham did — and that's something he's not ready to do.
A treatment, known as "smell training," is clinically proven to be effective in adults. However, there's virtually no data on whether the method will work in children.
This article was published on Thursday, March 25, 2021 in Kaiser Health News.
Doctors at Children's Hospital Colorado and Seattle Children's Hospital will use scents like these to treat children who lost their sense of smell to COVID-19. Parents will attend clinics and go home with a set of essential oils for their child to sniff twice a day for three months. Clinicians will check their progress monthly.
The Smell Disturbance Clinic at Children's Hospital Colorado was approved to open March 10. So far, five children have been screened and one enrolled. Seattle Children's expects to open its program this spring.
The treatment, known as "smell training," is clinically proven to be effective in adults. However, clinicians said, there's virtually no data on whether the method will work in children.
Although children are much less likely to develop COVID or suffer its consequences than adults, the number of pediatric patients has steadily grown. More cases means more kids are demonstrating lingering symptoms known as "long COVID." Among these complaints is loss of smell.
The link between coronavirus infections and smell disturbances in adults is well documented in both patients with short-term disease and so-called long haulers. However, scientists are still unsure how many people develop this complication or how the virus triggers it. Different research teams have found clues that could explain the phenomenon, including inflammation and disruptions in the structures that support the cells responsible for olfactory function.
But scant research has focused on smell disturbances in children, said Dr. John McClay, a pediatric ear, nose and throat surgeon in Frisco, Texas — let alone those caused by COVID. That's because children seldom develop these issues, he said, and the novel coronavirus has been just that — novel.
"Everything's so new," said McClay, who is also the chair of the American Academy of Pediatrics education committee on otolaryngology. "You can't really hang your hat on anything."
It Works for Adults. Will It Work for Kids?
One intervention for adults who lose their sense of smell — whether as a result of a neurological disorder like Alzheimer's, a tumor blocking nasal airflow or any number of viruses, including COVID — has been olfactory training.
It generally works like this: Doctors test a patient's sense of smell to establish a baseline. Then, adults are given a set of essential oils with certain scents and instructions on how to train their nose at home. Patients usually sniff each oil twice a day for several weeks to months. At the end of the training, doctors retest them to gauge whether they improved.
Dr. Yolanda Holler-Managan, a pediatric neurologist and assistant professor of pediatrics at Northwestern University Feinberg School of Medicine, said she doesn't see why this method wouldn't work for children, too. In both age groups, the olfactory nerve can regenerate every six to eight weeks. As the nerve heals, training can help strengthen the sense of smell.
"It's like helping a muscle get stronger again," she said.
Late last spring, when doctors started discovering smell and taste issues in adults with COVID, Dr. Kenny Chan, the pediatric ear, nose and throat specialist overseeing the new clinic in Colorado, realized this could be an issue with kids, too.
Dr. Kathleen Sie, chief of Otolaryngology Head and Neck Surgery at Seattle Children's Hospital, became aware of the problem when she received an email from someone at a local urgent care center. After reading the message, Sie called Chan to talk about it. The conversation snowballed into her spearheading a smell-training clinic at her facility.
Both clinicians must contend with the challenges "smell training" may pose to children. For starters, some young patients may not know how to identify certain scents used in adult tests — spices such as cloves, for instance — because they're too young to have a frame of reference, said McClay.
As a workaround, Chan substituted some scents for odors that might be more recognizable.
Finding children who are experiencing smell disturbances is also tricky. Many with COVID are asymptomatic, and others may be too young to verbalize what they are experiencing or recognize what they are missing.
Nonetheless, McClay said, the potential benefit of the simple treatment outweighs the cost and challenges of setting it up for children. Adult smell-training kits sell for less than $50.
"There is zero data out there that says that this does anything," said Chan. "But if no one cares to look at this question, then this question is not going to be solved."
For months, journalists, politicians and health officials — including New York Gov. Andrew Cuomo and Dr. Anthony Fauci — have invoked the infamous Tuskegee syphilis study to explain why Black Americans are more hesitant than white Americans to get the coronavirus vaccine.
"It's 'Oh, Tuskegee, Tuskegee, Tuskegee,' and it's mentioned every single time," said Karen Lincoln, a professor of social work at the University of Southern California and founder of Advocates for African American Elders. "We make these assumptions that it's Tuskegee. We don't ask people."
When she asks Black seniors in Los Angeles about the vaccine, Tuskegee rarely comes up. People in the community talk about contemporary racism and barriers to healthcare, she said, while it seems to be mainly academics and officials who are preoccupied with the history of Tuskegee.
"It's a scapegoat," Lincoln said. "It's an excuse. If you continue to use it as a way of explaining why many African Americans are hesitant, it almost absolves you of having to learn more, do more, involve other people — admit that racism is actually a thing today."
It's the health inequities of today that Maxine Toler, 72, hears about when she asks her friends and neighbors in Los Angeles what they think about the vaccine. As president of her city's senior advocacy council and her neighborhood block club, Toler said she and most of the other Black seniors she talks with want the vaccine but are having trouble getting it. And that alone sows mistrust, she said.
Toler said the Black people she knows who don't want the vaccine have very modern reasons for not wanting it. They talk about religious beliefs, safety concerns or a distrust of former U.S. President Donald Trump and his contentious relationship with science. Only a handful mention Tuskegee, she said, and when they do, they're fuzzy on the details of what happened during the 40-year study.
"If you ask them 'What was it about?' and 'Why do you feel like it would impact your receiving the vaccine?' they can't even tell you," she said.
Toler knows the details, but she said that history is a distraction from today's effort to get people vaccinated against the coronavirus.
"It's almost the opposite of Tuskegee," she said. "Because they were being denied treatment. And this is like, we're pushing people forward: Go and get this vaccine. We want everybody to be protected from COVID."
Questioning the Modern Uses of the Tuskegee Legacy
The "Tuskegee Study of Untreated Syphilis in the Negro Male" was a government-sponsored, taxpayer-funded study that began in 1932. Some people believe that researchers injected the men with syphilis, but that's not true. Rather, the scientists recruited 399 Black men from Alabama who already had the disease.
Researchers told the men they had come to Tuskegee to cure "bad blood," but never told them they had syphilis. And, the government doctors never intended to cure the men. Even when an effective treatment for syphilis — penicillin — became widely available in the 1940s, the researchers withheld it from the infected men and continued the study for decades, determined to track the disease to its endpoint: autopsy.
By the time the study was exposed and shut down in 1972, 128 of the men involved had died from syphilis or related complications, and 40 of their wives and 19 children had become infected.
Given this horrific history, many scientists assumed Black people would want nothing to do with the medical establishment again, particularly clinical research. Over the next three decades, various books, articles and films repeated this assumption until it became gospel.
"That was a false assumption," said Dr. Rueben Warren, director of the National Center for Bioethics in Research and Healthcare at Tuskegee University in Alabama, and former associate director of minority health at the Centers for Disease Control and Prevention from 1988 to 1997.
A few researchers began to question this assumption at a 1994 bioethics conference, where almost all the speakers seemed to accept it as a given. The doubters asked, what kind of scientific evidence is there to support the notion that Black people would refuse to participate in research because of Tuskegee?
When those researchers did a comprehensive search of the existing literature, they found nothing.
"It was apparently a 'fact' known more in the gut than in the head," wrote lead doubter Dr. Ralph Katz, an epidemiologist at the New York University College of Dentistry.
So Katz formed a research team to look for this evidence. They completed a series of studies over the next 14 years, focused mainly on surveying thousands of people across seven cities, from Baltimore to San Antonio to Tuskegee.Bottom of Form
The conclusions were definitive: While Black people were twice as "wary" of participating in research, compared with white people, they were equally willing to participate when asked. And there was no association between knowledge of Tuskegee and willingness to participate.
"The hesitancy is there, but the refusal is not. And that's an important difference," said Warren, who later joined Katz in editing a book about the research. "Hesitant, yes. But not refusal."
Tuskegee was not the deal breaker everyone thought it was.
These results did not go over well within academic and government research circles, Warren said, as they "indicted and contradicted" the common belief that low minority enrollment in research was the result of Tuskegee.
"That was the excuse that they used," Warren said. "If I don't want to go to the extra energy, resources to include the population, I can simply say they were not interested. They refused."
Now researchers had to confront the shortcomings of their own recruitment methods. Many of them never invited Black people to participate in their studies in the first place. When they did, they often did not try very hard. For example, two studies of cardiovascular disease offered enrollment to more than 2,000 white people, compared with no more than 30 people from minority groups.
"We have a tendency to use Tuskegee as a scapegoat, for us, as researchers, not doing what we need to do to ensure that people are well educated about the benefits of participating in a clinical trial," said B. Lee Green, vice president of diversity at Moffitt Cancer Center in Florida, who worked on the early research debunking the assumptions about Tuskegee's legacy.
"There may be individuals in the community who absolutely remember Tuskegee, and we should not discount that," he said. But hesitancy "is more related to individuals' lived experiences, what people live each and every day."
'It's What Happened to Me Yesterday'
Some of the same presumptions that were made about clinical research are resurfacing today around the coronavirus vaccine. A lot of hesitancy is being confused for refusal, Warren said. And so many of the entrenched structural barriers that limit access to the vaccine in Black communities are not sufficiently addressed.
Tuskegee is once again being used as a scapegoat, said Lincoln, the USC sociologist.
"If you say 'Tuskegee,' then you don't have to acknowledge things like pharmacy deserts, things like poverty and unemployment," she said. "You can just say, 'That happened then … and there's nothing we can do about it.'"
She said the contemporary failures of the healthcare system are more pressing and causing more mistrust than the events of the past.
"It's what happened to me yesterday," she said. "Not what happened in the '50s or '60s, when Tuskegee was actually active."
The seniors she works with complain to her all the time about doctors dismissing their concerns or talking down to them, and nurses answering the hospital call buttons for their white roommates more often than for them.
As a prime example of the unequal treatment Black people receive, they point to the recent Facebook Live video of Dr. Susan Moore. When Moore, a geriatrician and family medicine physician from Indiana, got COVID-19, she filmed herself from her hospital bed, an oxygen tube in her nose. She told the camera that she had to beg her physician to continue her course of remdesivir, the drug that speeds recovery from the disease.
"He said, 'Ah, you don't need it. You're not even short of breath.' I said 'Yes, I am,'" Moore said into the camera. "I put forward and I maintain, if I was white, I wouldn't have to go through that."
Moore died two weeks later.
"She knew what kind of treatment she should be getting and she wasn't getting it," said Toler of L.A., contrasting Moore's treatment with the care Trump received.
"We saw it up close and personal with the president, that he got the best of everything. They cured him in a couple of days, and our people are dying like flies."
Toler and her neighbors said that the same inequity is playing out with the vaccine. Three months into the vaccine rollout, Black people made up about 3% of Californians who had received the vaccination, even though they account for 6.2% of the state's COVID deaths.
The first mass-vaccination sites set up in the Los Angeles area — at Dodger Stadium and at Disneyland — are difficult to get to from Black neighborhoods without a car. And you practically needed a computer science degree to get an early dose, as snagging an online appointment required navigating a confusing interface or constantly refreshing the portal.
It's stories like these, of unequal treatment and barriers to care, that stoke mistrust, Lincoln said. "And the word travels fast when people have negative experiences. They share it."
To address this mistrust will require a paradigm shift, said Warren of Tuskegee University. If you want Black people to trust doctors and trust the vaccine, don't blame them for their distrust, he said. The obligation is on health institutions to first show they are trustworthy: to listen, take responsibility, show accountability and stop making excuses. That, he added, means providing information about the vaccine without being paternalistic and making the vaccine easy to access in Black communities.
"Prove yourself trustworthy and trust will follow," he said.
This story is from a partnership that includes NPR, KQED and KHN.
Dr. Deborah Birx, former top White House coronavirus adviser under the Trump administration, is now an adviser for ActivePure Technology — an air-cleaning company that uses technology banned in California due to health hazards.
This article was published on Wednesday, March 24, 2021 in Kaiser Health News.
The former top White House coronavirus adviser under President Donald Trump, Dr. Deborah Birx, has joined an air-cleaning company that built its business, in part, on technology that is now banned in California due to health hazards.
The company is one of many in a footrace to capture some of the $193 billion in federal funding to schools.
Birx is now chief medical and science adviser of ActivePure Technology, a company that counts 50 million customers since its 1924 start as the Electrolux vacuum company and does nearly $500 million annually in sales. Its marketing includes photos of outer space, a nod to a 1990s breakthrough with technology to remove a gas from NASA spaceships. The company’s ownstudies show that, in its effort to create the “healthiest indoor environments in North America,” it leveraged something less impressive: the disinfecting power of ozone — a molecule considered hazardous and linked to the onset and worsening of asthma.
In an interview with KHN, CEO Joe Urso acknowledged that its air cleaners that emit ozone account for 5% of sales, even though its marketing repeatedly claims “no chemicals or ozone.”
Conflicts between the science and marketing claims of an air purification company are nothing new to academic air quality experts. They warn that the industry — which sells to dental offices, businesses and gyms — is laser-focused on school officials, who are desperate to convince parents and teachers their buildings are safe. Children can be particularly susceptible to the chemical exposure some of these devices potentially create, experts say.
“The concerns you have raised are legitimate” when it comes to other companies’ products, Birx said, noting that as a grandmother she shares concerns about health. But she added that she has full confidence in ActivePure after reviewing records for the Food and Drug Administration’s clearance of a company device.
Schools are getting an infusion of roughly $180 billion in federal money to spend on personal protective equipment, physical barriers, air-cleaning systems and other infrastructure improvements. Previously, they could have used $13 billion of CARES Act funding. Democrats are pushing for $100 billion more that could also be used for school improvements, including air cleaners.
Putting unregulated devices in classrooms is “a giant uncontrolled experiment,” said Jeffrey Siegel, a civil engineering professor at the University of Toronto and a member of its Building Engineering Research Group.
Researchers and the Environmental Protection Agency say the broader industry advertises products that alter molecules in the air to kill germs, without noting that the reactions can form other harmful substances, such as the carcinogen formaldehyde.
Marwa Zaatari, an indoor air quality consultant and a member of the American Society of Heating, Refrigerating and Air-Conditioning Engineers’ epidemic task force, said she has counted more than 125 schools or districts that have already bought air cleaner models the EPA has linked to “potentially harmful byproducts” such as ozone or formaldehyde. She estimated at least $60 million was spent.
Instead, air quality experts say, the best solutions come down to basics: adding more outdoor air, buying portable HEPA filters and installing MERV 13 filters within heating systems. But school boards are often lured by aggressive claims of 99.9% efficiency — based on a test of a filter inside a small cabinet and not a classroom. “Every dollar you use for this equipment is a dollar you remove from doing the right solution,” Zaatari said.
Urso, of ActivePure Technology, said “other companies that I think are making wrongful claims” have brought scrutiny to the industry. But he said his firm’s technology has steadily improved and now emits “gaseous hydrogen peroxide” and other molecules that seek out and destroy viruses, mold and bacteria. He described the technology as active — in contrast to the more passive technology of air filters. A company website says it makes the “safest, fastest and most powerful surface and air-purification technology available.”
Urso added, “I have a great technology that is truthful and it does what I say it does.”
The Centers for Disease Control and Prevention warns specifically against technologies that release hydrogen peroxide that are “being heavily marketed.” The agency says the technology is “emerging” and “consumers are encouraged to exercise caution.”
During a Zoom interview, Birx deferred to ActivePure Medical’s president, Daniel Marsh, and Urso on the science. She focused instead on the need for products that will increase people’s confidence about going maskless indoors.
“Imagine decreasing the number of sick days of your workforce because your air is less contaminated,” Birx said. “There are uses of this technology that transcend the current pandemic.”
Birx was a controversial figure on Trump’s covid response team. She was criticized for standing by quietly as Trump suggested that people could ingest disinfectant to rid themselves of the virus. She has recently spoken out about her discomfort with such statements — while endorsing ActivePure Technology.
Birx said she was attracted to ActivePure because of its commitment to “hard science” in getting its Medical Guardian cleared by the FDA. The process required the company to prove the device was substantially equivalent to an existing device. Records the company submitted to the FDA describe the Medical Guardian as an “ion generator” and “photocatalytic oxidizer” that showed “a high efficacy against … a broad range of viable bioaerosol.”
Birx said she uses a hospital-grade HEPA filter in her home but noted that’s only because she wasn’t aware of the ActivePure technology when she bought it.
When ActivePure Technology, formerly known as Aerus, tells its story, it’s one of seamless progress. Yet its 2009 purchase of the air cleaner company EcoQuest saddled the company with two problematic technologies: one that intentionally generated ozone to clean the air and another that did so incidentally, studies from the subsidiary company show.
The ActivePure companies and subsidiaries made the best of it, though, marketing the technology’s purification powers on the basis of a Kansas State University study of how well the devices disinfected the surface of meat compared with chlorine, which is widely used by meatpackers to kill bacteria.
Meanwhile, California lawmakers were outlawing consumer use of air cleaners that emit more than 50 parts per billion of ozone. They got momentum to regulate the industry with a survey that showed that a small percentage of state residents who used such devices at home had children — considered particularly sensitive to ozone. According to the California legislation, ozone can “permanently damage lung tissue and reduce a person’s breathing ability.”
The CDC also reviewed the ActivePure technology in 2009. At the time, Birx, who served in the agency under three presidents, was directing its global AIDS response.
Agency scientists were evaluating the potential of air cleaners to help clear formaldehyde from Federal Emergency Management Agency trailers deployed after Hurricane Katrina. They knew the devices could potentially swap one hazard — ozone formed by some air cleaners — for the one they were trying to eliminate. So they tested and found that a device from ActiveTek — an Aerus subsidiary — with ActivePure technology emitted 116 parts per billion of ozone. The scientists deemed that level too high for cleaning the trailers.
Birx said the older ozone-emitting devices were first-generation devices. The newer ActivePure devices are third-generation and one is now validated by FDA clearance. That is not the same as FDA approval, which requires proof the device is safe and effective.
Urso said the company’s devices that emit ozone are mostly for commercial use. Although marketing for ActivePure says “no chemicals or ozone,” Urso acknowledged that it still sells a Pure & Clean Plus device that emits ozone and cannot be sold in California.
“It is very confusing,” Urso said, “and it’s confusing because we also match it with [the] ActivePure” logo. The company did not answer questions about five other devices listed for sale on its website, which says they can’t be sold in California.
While current ActivePure marketing also says the technology produces no byproducts, Urso said that reflects results from lab studies, not studies from the environment where they might be used. That includes hundreds of schools that have trusted their technology, the company’s website says. There, experts say, chemicals that could react with air cleaner technology include car exhaust, spray cleaners, paint and glue.
The company markets to preschools as well. Brent Stephens, an indoor air quality expert who leads the civil, architectural and environmental engineering department at the Illinois Institute of Technology, was asked by the director of his own children’s preschool about the Aerus Hydroxyl Blaster.
Aerus had sent the director a sample to test in her home. But Stephens advised against buying one for the preschool, saying that, while the claims of similar machines may sound good, the studies to back them up often were not.
“It’s wild out there,” he wrote in an email. “Consumers need to know how these things perform and if they are subject to unforeseen consequences like generating byproducts from use.”
The only clear path to expanding health insurance remains yet more government subsidies for commercial health plans, which are the most costly form of coverage.
This article was published on Wednesday, March 24, 2021 in Kaiser Health News.
When Democrats pushed through a two-year expansion of the Affordable Care Act in the COVID-relief bill this month, many people celebrated the part that will make health insurance more affordable for more Americans.
But healthcare researchers consider this move a short-term fix for a long-term crisis, one that avoids confronting an uncomfortable truth: The only clear path to expanding health insurance remains yet more government subsidies for commercial health plans, which are the most costly form of coverage.
The reliance on private plans — a hard-fought compromise in the 2010 health law that was designed to win over industry — already costs taxpayers tens of billions of dollars each year, as the federal government picks up a share of the insurance premiums for about 9 million Americans.
The ACA's price tag will now rise higher because of the recently enacted $1.9 trillion COVID relief bill. The legislation will direct some $20 billion more to insurance companies by making larger premium subsidies available to consumers who buy qualified plans.
And if Democrats want to continue the aid beyond 2022, when the relief bill's added assistance runs out, the tab is sure to balloon further.
"The expansion of coverage is the path of least resistance," said Paul Starr, a Princeton University sociologist and leading authority on the history of U.S. healthcare who has termed this dynamic a "health policy trap."
"Insurers don't have much to lose. Hospitals don't have much to lose. Pharmaceutical companies don't have much to lose," Starr observed. "But the result is you end up adding on to an incredibly expensive system."
By next year, taxpayers will shell out more than $8,500 for every American who gets a subsidized health plan through insurance marketplaces created by the ACA, often called Obamacare. That's up an estimated 40% from the cost of the marketplace subsidies in 2020, due to the augmented aid, data from the nonpartisan Congressional Budget Office indicates.
Supporters of the aid package, known as the American Rescue Plan, argue the federal government had to move quickly to help people struggling during the pandemic.
"This is exactly why we pay taxes. We want the federal government to be there when we need it most," said Mila Kofman, who runs the District of Columbia's insurance marketplace. Kofman said the middle of a pandemic was not a time to "wait for the perfect solution."
But the large new government commitment underscores the disparity between the high price of private health insurance and lower-cost government plans such as Medicare and Medicaid.
Acutely aware of this disparity, the crafters of the ACA laid out a second path to provide health insurance for uninsured Americans beside the marketplaces: Medicaid.
The half-century-old government safety net insures about 13 million low-income, working-age adults who gained eligibility for the program through the health law and make too little to qualify for subsidized commercial insurance.
Medicaid coverage is still costly: about $7,000 per person every year, federal data indicates.
But that's about 18% less than what the government will pay to cover people through commercial health plans.
"We knew it would be less expensive than subsidizing people to go to private plans," said former Rep. Henry Waxman, a California Democrat who as chairman of the House Energy and Commerce Committee helped write the Affordable Care Act and has long championed Medicaid.
For patients, Medicaid offered another advantage. Unlike most commercial health insurance, which requires enrollees to pay large deductibles before their coverage kicks in, Medicaid sharply limits how much people must pay for a doctor's visit or a trip to the hospital.
That can have a huge impact on a patient's finances.
Take, for example, a 50-year-old woman living outside Phoenix with a part-time job paying $1,000 a month. With an income that low, the woman could enroll in Arizona's Medicaid program.
If, one day, she slipped on her steps and broke an arm, her medical bills would likely be fully covered, leaving her with no out-of-pocket expenses.
If the same woman were to find a full-time job that pays $4,000 a month but doesn't offer health benefits, she would still be able to get coverage, this time through a commercial health plan on Arizona's insurance marketplace.
Taxpayers would still pick up a portion of the cost of her health plan, in this case about $300 a month, or half the $606 monthly premium for a basic silver-level plan from health insurer Oscar, according to a subsidy calculator from KFF, a health policy nonprofit. The woman would have to pay the rest of the monthly premium.
Unlike Medicaid, however, her Oscar "Silver Saver" plan comes with a $6,200 deductible.
That means that the same broken arm from her fall would likely leave her with medical bills topping $4,700, according to cost estimates from the federal healthcare.gov marketplace.
The main reason commercial health plans cost more and saddle patients with higher medical bills is because they typically pay hospitals, doctors and other medical providers more than public programs such as Medicaid.
Often the price differences are dramatic.
For example, health insurers in the Atlanta area pay primary care physicians $93 on average for a basic patient visit, according to an analysis of 2017 commercial insurance data by the Healthcare Cost Institute, a research nonprofit.
By contrast, Georgia's Medicaid program would pay the same physician seeing a patient covered by the government health plan just $41, according to the state's fee schedule.
"It's much cheaper to deliver health coverage to people through public programs like Medicaid than through private insurance because the prices paid to doctors, hospitals and drug companies are so much less," said Larry Levitt, executive vice president for health policy at KFF.
The price disparity also explains why the healthcare industry, including insurers and providers, for years has fought proposals to create a new government plan, or "public option," that might pay less.
Industry officials frequently argue that hospitals and physicians couldn't stay in business unless they charge higher prices to commercial insurers to offset the low prices paid by government programs.
The Biden administration and congressional Democrats for now skirted a battle over this issue by simply upping subsidies for private health insurers.