Trump could enact a policy, even one judged illegal by the courts, and the person who follows him into office would need to jump through a number of hoops to undo it.
This article was first published on Friday, July 24, 2020 in Kaiser Health News.
President Donald Trump came into office vowing to repeal and replace Obamacare. While he successfully neutralized the healthcare law's requirement that everyone carry insurance, the law remains in effect.
When Fox News host Chris Wallace noted that Trump has yet to put forward a replacement plan, Trump told him to stay tuned.
"We're signing a healthcare plan within two weeks, a full and complete healthcare plan that the Supreme Court decision on DACA gave me the right to do," Trump said July 19 on "Fox News Sunday."
"The Supreme Court gave the president of the United States powers that nobody thought the president had."
Trump said he would "do things on immigration, on healthcare, on other things that we've never done before."
We wanted to know if the Supreme Court really did that. So we ran the president's words by a number of people who study constitutional and administrative law. We heard several reasons why the Supreme Court might not have said what Trump thinks it said.
The Likely Source
We asked the White House press office for the basis of Trump's assertion and never heard back. Several law professors pointed to a National Review article by University of California-Berkeley law professor John Yoo, best known as authoring a legal justification that led to waterboarding enemy combatants during the George W. Bush administration.
In the article, Yoo argues that when the Supreme Court ruled against the administration's rollback of Deferred Action for Childhood Arrivals, or DACA, the court made it more difficult for new presidents to unwind the policies of their predecessors.
How might this give Trump new power?
In theory, Trump could enact a policy, even one judged illegal by the courts, and the person who follows him into office would need to jump through a number of hoops to undo it.
Yoo wasn't sure if Trump could use the argument to make sweeping changes in healthcare, saying it "depends on what the administration policy actually says."
But as Yoo sees it, should Trump establish a new program, the ruling "requires his successor to follow a burdensome process, which could take a year or more, to repeal it."
Many legal experts disagree with Yoo's interpretation. Before we go there, we need to recap the court's DACA decision.
Court Sends DHS Back to the Drawing Table
President Barack Obama created DACA on the grounds that every administration has to allocate limited prosecution resources. Obama argued that it was more important to deport violent criminals, drug dealers and thieves than people who had come into the country illegally when they were little. So long as they had committed no serious offenses and met other criteria, they could apply to avoid deportation.
Under Trump, the Department of Homeland Security moved to end DACA. Supporters of the program sued, saying that under the Administrative Procedure Act, that action was arbitrary. In its June 18 ruling, a 5-4 majority on the Supreme Court agreed.
The ruling describes how Homeland Security Secretary Kirstjen Nielsen got in a procedural bind when she inherited the decision of her predecessor (Acting Secretary Elaine Duke) to end the program. She erred, Chief Justice John Roberts wrote, because instead of making the case for ending DACA as her own decision, she came up with new reasons to justify the earlier move.
"Because Nielsen chose not to take new action, she was limited to elaborating on the agency's original reasons," Roberts wrote. "But her reasoning bears little relationship to that of her predecessor and consists primarily of impermissible 'post hoc rationalization.'"
The court didn't say Homeland Security couldn't change the policy. It said the Administrative Procedure Act requires an agency to consider the key options it faces and explain why it chose the one it picked. With DACA, it said the change needed to show a fuller vetting of its choices.
No New Power Created
So while Trump technically lost that case, he is using the ruling (and Yoo's theory) to voice confidence that he can do things no one thought possible.
Legal scholars give several reasons that might be off the mark. Broadly, they say the court's ruling changed nothing.
"It's a straightforward application of long-standing administrative law doctrine that dates back at least to President Ronald Reagan," said Cary Coglianese, director of the Penn Program on Regulation and a professor of law at the University of Pennsylvania. "Agencies have to explain why they are doing something. They have to look at the plausible alternatives and give a reason for the one they selected."
Justice Brett Kavanaugh also did not see a new take on an old law. In his dissenting opinion, he called the ruling on the Administrative Procedure Act "narrow."
In a similar vein, the court left intact the specific power behind DACA of selective enforcement of the law.
"That's an ordinary part of executive branch practice, and nothing in the Supreme Court's DACA decision should be read to authorize anything beyond that simple practice," said Yale University law professor Cristina Rodríguez.
The path to undoing this sort of executive action may not be as long as Yoo described. The court spelled out how Nielsen could have ended DACA without much delay, said Eric Freedman, professor of constitutional law at Hofstra University Law School.
"If she had considered other possible solutions, what she did would have been fine," Freedman said. "She would have complied with the Administrative Procedure Act and no one would have enjoined her."
There is also something unusual about DACA itself that makes it less of a model for other steps Trump might take.
The program was in place for quite a while before Trump tried to end it. As a result, about 700,000 people ultimately counted on it. The court said that reliance on the program should have factored into the decision to end it.
A new policy from Trump wouldn't have time to accumulate that critical mass.
"Anything Trump does now will be enjoined tomorrow," said Josh Blackman at the South Texas College of Law. "So there will be no reliance, and the next administration could do what it wanted."
Blackman said the court's ruling did create some murkiness around challenging the legality of an unwanted policy. But he said an agency could justify a change strictly for reasons of policy, not law.
Lastly, the DACA decision was about a policy not to enforce the law in certain circumstances. Robert Chesney at the University of Texas Law School said that focus also limits the scope of the ruling.
"If Trump wants to create new rules, the example does not fit in the first place," Chesney said.
A "full and complete healthcare plan" and major immigration changes would likely require new government actions. Without new laws from Congress, that would be out of reach.
Family gatherings on Zoom and FaceTime. Online orders from grocery stores and pharmacies. Telehealth appointments with physicians.
These have been lifesavers for many older adults staying at home during the coronavirus pandemic. But an unprecedented shift to virtual interactions has a downside: Large numbers of seniors are unable to participate.
Among them are older adults with dementia (14% of those 71 and older), hearing loss (nearly two-thirds of those 70 and older) and impaired vision (13.5% of those 65 and older), who can have a hard time using digital devices and programs designed without their needs in mind. (Think small icons, difficult-to-read typefaces, inadequate captioning among the hurdles.)
Many older adults with limited financial resources also may not be able to afford devices or the associated internet service fees. (Half of seniors living alone and 23% of those in two-person households are unable to afford basic necessities.) Others are not adept at using technology and lack the assistance to learn.
During the pandemic, which has hit older adults especially hard, this divide between technology "haves" and "have-nots" has serious consequences.
Older adults in the "haves" group have more access to virtual social interactions and telehealth services, and more opportunities to secure essential supplies online. Meanwhile, the "have-nots" are at greater risk of social isolation, forgoing medical care and being without food or other necessary items.
Dr. Charlotte Yeh, chief medical officer for AARP Services, observed difficulties associated with technology this year when trying to remotely teach her 92-year-old father how to use an iPhone. She lives in Boston; her father lives in Pittsburgh.
Yeh's mother had always handled communication for the couple, but she was in a nursing home after being hospitalized for pneumonia. Because of the pandemic, the home had closed to visitors. To talk to her and other family members, Yeh's father had to resort to technology.
But various impairments got in the way: Yeh's father is blind in one eye, with severe hearing loss and a cochlear implant, and he had trouble hearing conversations over the iPhone. And it was more difficult than Yeh expected to find an easy-to-use iPhone app that accurately translates speech into captions.
Often, family members would try to arrange Zoom meetings. For these, Yeh's father used a computer but still had problems because he could not read the very small captions on Zoom. A tech-savvy granddaughter solved that problem by connecting a tablet with a separate transcription program.
When Yeh's mother, who was 90, came home in early April, physicians treating her for metastatic lung cancer wanted to arrange telehealth visits. But this could not occur via cellphone (the screen was too small) or her computer (too hard to move it around). Physicians could examine lesions around the older woman's mouth only when a tablet was held at just the right angle, with a phone's flashlight aimed at it for extra light.
"It was like a three-ring circus," Yeh said. Her family had the resources needed to solve these problems; many do not, she noted. Yeh's mother passed away in July; her father is now living alone, making him more dependent on technology than ever.
When SCAN Health Plan, a Medicare Advantage plan with 215,000 members in California, surveyed its most vulnerable members after the pandemic hit, it discovered that about one-third did not have access to the technology needed for a telehealth appointment. The Centers for Medicare & Medicaid Services had expanded the use of telehealth in March.
Other barriers also stood in the way of serving SCAN's members remotely. Many people needed translation services, which are difficult to arrange for telehealth visits. "We realized language barriers are a big thing," said Eve Gelb, SCAN's senior vice president of healthcare services.
Nearly 40% of the plan's members have vision issues that interfere with their ability to use digital devices; 28% have a clinically significant hearing impairment.
"We need to target interventions to help these people," Gelb said. SCAN is considering sending community health workers into the homes of vulnerable members to help them conduct telehealth visits. Also, it may give members easy-to-use devices, with essential functions already set up, to keep at home, Gelb said.
Landmark Health serves a highly vulnerable group of 42,000 people in 14 states, bringing services into patients' homes. Its average patient is nearly 80 years old, with eight medical conditions. After the first few weeks of the pandemic, Landmark halted in-person visits to homes because personal protective equipment, or PPE, was in short supply.
Instead, Landmark tried to deliver care remotely. It soon discovered that fewer than 25% of patients had appropriate technology and knew how to use it, according to Nick Loporcaro, the chief executive officer. "Telehealth is not the panacea, especially for this population," he said.
Landmark plans to experiment with what he calls "facilitated telehealth": nonmedical staff members bringing devices to patients' homes and managing telehealth visits. (It now has enough PPE to make this possible.) And it, too, is looking at technology that it can give to members.
One alternative gaining attention is GrandPad, a tablet loaded with senior-friendly apps designed for adults 75 and older. In July, the National PACE Association, whose members run programs providing comprehensive services to frail seniors who live at home, announced a partnership with GrandPad to encourage adoption of this technology.
"Everyone is scrambling to move to this new remote care model and looking for options," said Scott Lien, the company's co-founder and chief executive officer.
PACE Southeast Michigan purchased 125 GrandPads for highly vulnerable members after closing five centers in March where seniors receive services. The devices have been "remarkably successful" in facilitating video-streamed social and telehealth interactions and allowing nurses and social workers to address emerging needs, said Roger Anderson, senior director of operational support and innovation.
Another alternative is technology from iN2L (an acronym for It's Never Too Late), a company that specializes in serving people with dementia. In Florida, under a new program sponsored by the state's Department of Elder Affairs, iN2L tablets loaded with dementia-specific content have been distributed to 300 nursing homes and assisted living centers.
The goal is to help seniors with cognitive impairment connect virtually with friends and family and engage in online activities that ease social isolation, said Sam Fazio, senior director of quality care and psychosocial research at the Alzheimer's Association, a partner in the effort. But because of budget constraints, only two tablets are being sent to each long-term care community.
Families report it can be difficult to schedule adequate time with loved ones when only a few devices are available. This happened to Maitely Weismann's 77-year-old mother after she moved into a short-staffed Los Angeles memory care facility in March. After seeing how hard it was to connect, Weismann, who lives in Los Angeles, gave her mother an iPad and hired an aide to ensure that mother and daughter were able to talk each night.
Without the aide's assistance, Weismann's mother would end up accidentally pausing the video or turning off the device. "She probably wanted to reach out and touch me, and when she touched the screen it would go blank and she'd panic," Weismann said.
What's needed going forward? Laurie Orlov, founder of the blog Aging in Place Technology Watch, said nursing homes, assisted living centers and senior communities need to install communitywide Wi-Fi services — something that many lack.
"We need to enable Zoom get-togethers. We need the ability to put voice technology in individual rooms, so people can access Amazon Alexa or Google products," she said. "We need more group activities that enable multiple residents to communicate with each other virtually. And we need vendors to bundle connectivity, devices, training and service in packages designed for older adults."
The predictions were dire: Coronavirus lockdowns would put millions of Americans out of work, stripping them of their health insurance and pushing them into Medicaid, the health insurance program for low-income people.
In California, Gov. Gavin Newsom's administration projected that the pandemic would force about 2 million additional people to sign up for the state's Medicaid program, called Medi-Cal, by July, raising enrollment to an all-time high of 14.5 million Californians — more than one-third of the state's population.
But July is almost over, and Medi-Cal enrollment has hovered around 12.5 million since March, when the pandemic shut down much of the economy — though enrollment ticked up in May and June, according to the latest data from the state Department of Healthcare Services, which administers the program.
Essentially, enrollment hasn't budged even though nearly 3 million Californians are newly unemployed.
"It's a mystery," said Anthony Wright, executive director of Health Access California, an advocacy group for health consumers. "We have lots of plausible explanations, but they don't seem to add up."
Even the state is stumped. The enrollment data is preliminary, and Medi-Cal officials expect the numbers to grow as eligibility appeals and other "unusual cases" are resolved, but not by 2 million people, said Norman Williams, spokesperson for the Department of Healthcare Services.
The department based its projections on the state's experience with the Great Recession a decade ago, a comparison that it now acknowledges was misguided because the pandemic did not spur a purely economic crisis. The state failed to predict people would avoid care at clinics and hospitals during this public health crisis, and thus be less likely to need coverage immediately.
"The current situation is far more complex because it involves both economic and health decisions, creating a more complicated picture more closely related to that seen during the 1918 influenza pandemic," Williams said in a prepared statement.
Even with the faulty comparison, it's not clear why more Californians haven't enrolled, he said.
"The state prepared an estimate based on the best data available, during an unprecedented and rapidly evolving situation," he said.
The miscalculation meant the state likely allocated more money to Medi-Cal than the program now needs, even as lawmakers struggled to find ways to prevent deep healthcare cuts and close a massive $54 billion budget deficit as they negotiated the 2020-21 state budget in May and June.
And a more accurate estimate could have potentially funded new programs, such as expanding Medi-Cal to unauthorized immigrants age 65 and up, some state lawmakers and advocacy groups said.
Newsom backed that expansion of Medi-Cal, estimated to cost $80.5 million in the first year, in his January budget proposal but abandoned it in May, citing California's financial crisis spurred by the pandemic.
"We are talking about life-or-death services, so to say I'm frustrated is putting it mildly," said state Sen. Holly Mitchell (D-Los Angeles), who chairs the Senate budget committee and leads budget negotiations in the upper house. "It's irritating to me that they can be so off."
The new state budget puts Medi-Cal's overall cost at $115 billion, of which $2.4 billion in state money has been earmarked for caseload growth. Yet it's unclear how much of that could have been available to fund other programs or stave off cuts had the caseload projection been more accurate, department officials acknowledged.
Most states predicted their Medicaid enrollment would rise due to the pandemic, though many are seeing similar delays in Medicaid sign-ups, said Cindy Mann, a partner at the legal and consulting firm Manatt Health who served as federal Medicaid director for the Centers for Medicare & Medicaid Services during the Obama administration.
Washington state, like California, hasn't seen its Medicaid caseload grow as expected, said MaryAnne Lindeblad, its Medicaid director. It projected up to 95,000 people would join the program by now, yet it has seen 80,000 new enrollees since March.
"It's been a little bit surprising," she said. "There's so much going on in people's lives right now and signing up for Medicaid doesn't seem to be one of them."
Yet a record number of Americans have lost health insurance as a result of the COVID-19 pandemic and corresponding economic crash, according to a new report from Families USA, a national health advocacy group. California experienced the largest increase in newly uninsured residents of any state so far when an estimated 689,000 people lost coverage between February and May this year, the study shows.
"It's a different kind of downturn and that might explain some of the reason we're seeing lags across the country," Mann said. "But unless unemployment numbers turn around dramatically, which is not the prediction, I think we will see the number of uninsured people continuing to grow and turn to the program."
There are several theories about why Californians who have lost their jobs during the pandemic have not yet enrolled in Medi-Cal.
For one, signing up for food and housing assistance appears "more urgent" than signing up for Medi-Cal, Williams said.
The pandemic has also created new sign-up hurdles. With libraries, schools, community centers and county healthcare offices largely closed during lockdowns, uninsured residents have had fewer places to enroll. Hospitals and clinics also frequently enroll uninsured people into the program, but many healthy people are avoiding treatment for fear of being infected with COVID-19.
And those who have lost jobs may still have work-based coverage because employers planned to rehire them and kept them on job-based insurance plans, or because they've signed up for COBRA insurance temporarily.
Enrollment could also be lagging because the service industry has been hit hard, and many low-income workers in restaurants, bars or salons were already enrolled in Medi-Cal.
"About a quarter who were at risk of losing jobs were already enrolled when the crisis started," said Laurel Lucia, director of healthcare programs at the Center for Labor Research and Education at the University of California-Berkeley.
Vanessa Poveda, 28, wasn't among the service workers already enrolled in Medi-Cal when the crisis hit. Instead, she had health insurance through her job as a server at Bartlett Hall, an upscale gastropub near San Francisco's Union Square.
When Poveda was laid off during the first round of coronavirus closures in March, the restaurant extended her health coverage for 30 days before it expired, she said. Now unemployed and uninsured, she thinks she probably qualifies for Medi-Cal but hasn't signed up.
"I haven't really gotten around to it," she said.
Because Poveda is relatively healthy, she said, enrolling in coverage isn't as urgent as some of her other needs.
"Medical insurance is definitely a top priority for me," she said, "but I also need a roof over my head."
In California, another factor may be at play. The Trump administration's "public charge" policy may be having an outsize impact on Medi-Cal enrollment because of the state's large immigrant population, said Hamutal Bernstein, a researcher at the Urban Institute. The rule allows federal immigration officials to more easily deny permanent residency status to those who depend on certain public benefits such as Medicaid.
"A lot of immigrant families are being disproportionately impacted by economic and health hardship and are increasingly needing some of this assistance," Bernstein said. But "a lot of people are afraid of getting any kind of help."
Federal rules also prevent the state from kicking anyone off Medicaid during the pandemic, which means people who normally would have fallen off the program will stay enrolled, contributing to the state's inflated projections, Williams said.
The department said it is working to get out the word that Medi-Cal is available, but Mitchell is urging the state to do more.
"I'm concerned not enough outreach is being done," she said. "We expect people to magically know they may qualify for Medi-Cal and they should go online and apply."
HELENA, Montana — States frustrated by private laboratories' increasingly long turnarounds for COVID-19 test results are scrambling to find ways to salvage their testing programs.
Montana said Wednesday that it is dropping Quest Diagnostics, one of the nation's largest diagnostic testing companies. The Secaucus, New Jersey-based company had done all the state's surveillance COVID-19 testing — drive-thru testing that moves from community to community to help track COVID's spread. But it told state officials last week that it was at capacity and would be unable to accommodate more tests for two or three weeks.
"We don't want to be left high and dry again in the event that the national demand for testing puts a state like ours onto the back burner," Democratic Gov. Steve Bullock said.
Instead, he said, the state is enlisting Montana State University's lab to process up to 500 tests a day and has finalized a contract with a new private lab, North Carolina-based Mako Medical, for an additional 1,000 tests a day.
California, Florida and other states that work with Quest have started experimenting with separate, expedited lines for people who have symptoms of the disease. Some states are contracting with other private labs. And CVS, which uses Quest for COVID tests at many of its sites nationwide, said it is looking for more lab partners to reduce wait times for results.
Quest, LabCorp and other private labs have struggled to expand quickly enough to meet demand as states expand their testing and cases soar across the nation. Officials for Quest, which handles about 130,000 tests daily in 20 laboratories, said its ability to expand has been limited by a global shortage of the machines and chemical reagents needed to perform COVID-19 testing.
On Monday, Quest announced that turnaround times had slowed to a week or more, up from three or four days in June. It also said some patients may face wait times of up to two weeks. Quest officials warned this week that could get worse as flu season starts this fall.
A wait of a week or more for results can make the tests moot, since few people, especially those without symptoms, are likely to remain quarantined that long — and if the test comes back positive, they may already be over the disease.
"We are working with a number of different organizations to provide as much testing as possible, but some of these constraints are out of our control," Quest spokesperson Wendy Bost said. "We've taken the step of asking our clients to modulate the testing demand by focusing on patients who are most in need at this time."
The Trump administration is also trying to speed up turnaround times by allowing some labs to use an approach known as pooled testing, which combines samples from multiple people and then screens the individual samples only if the batch comes back positive for the virus. But public health experts worry it may be too late to try pool testing, as the percentage of positive results has doubled or tripled in many parts of the country.
States grappling with rising caseloads amid the testing slowdown have grown exasperated. Colorado Gov. Jared Polis, a Democrat, told NBC's "Meet the Press" on Sunday that it can take up to nine days to get test results from Quest and LabCorp.
"Almost useless from an epidemiological or even diagnostic perspective," Polis said.
LabCorp officials say turnaround times are improving.
Those who worry they have COVID-19 are also frustrated. In San Francisco, Mark Mackler, a 71-year-old retired law librarian, went with his husband to get a free test at the Bernal Heights Recreation Center on June 28 for peace of mind. He expected results after five days, but the test, processed by Quest, took 16 days — it came back negative for COVID-19.
"I was just annoyed and concerned the taxpayers were getting taken for a ride on something expensive and useless to a lot of people," Mackler said.
In California, Democratic Gov. Gavin Newsom acknowledged Quest's slow turnaround times at a press conference Wednesday.
"It's rather preposterous that you get a test and 13, 14 days later you get the results," Newsom said, adding that the results in those cases are "utterly meaningless."
But, he added, "We're not going to abandon Quest. We need them as one of our partners."
California is partnering with other private and university labs to expedite test results, ramping up from 2,000 tests a day early in the pandemic to an average of more than 125,000 a day, Newsom said. Test results now average between five and seven days, and state health officials said they have told all labs to first process from high-risk groups, such as people with COVID symptoms, those in hospitals and those in long-term care facilities.
In Florida, Quest has performed more than 600,000 COVID tests, the most of any lab. After reports of labs taking seven to 10 days to turn around test results, health officials created special lanes at four testing sites for symptomatic people that will allow them to receive their results faster. If that program goes well, Florida officials said, it will be expanded to all 50 state-run sites.
Pennsylvania health officials plan to cut the number of drive-thru testing sites it runs with Quest and Walmart from 19 to 13. They also are relocating some site locations that have seen low testing numbers to more populated areas with higher positivity rates.
Weeklong waits for COVID tests are not the norm everywhere. In Texas, state-run mobile test sites are providing results within two to three days because the state has "spread the load" of testing among many lab companies, said Seth Christensen, spokesperson for the Texas Division of Emergency Management. The state does not use Quest but instead uses more than 10 other lab companies, including LabCorp, another of the nation's largest lab chains.
Return times vary widely by company. LabCorp said turnaround time for outpatient test results improved to three to five days this week from four to six last week. BioReference Laboratories, another big lab chain, said it has improved turnaround time from about six days in June to three or fewer this month. Walmart, which has used Quest and eTrueNorth for more than 150,000 COVID tests, said on its website that Quest results take a week, compared with three to five days with eTrueNorth.
In Montana, the Quest delays forced the state to pause its community testing program, which aims to serve as an alert system for how the virus is spreading. Officials plan to resume next week once it has Montana State and the North Carolina lab in place, Bullock said.
Montana, with 2,813 confirmed cases as of Tuesday, has one of the lowest per-capita rates in the nation. But the average daily caseload in the state has risen 112% in the past two weeks — the country's third-highest rate increase, according to an analysis by NPR.
Quest started running the state's mass-testing events in the spring, with promised turnaround times of two or three days. But that started to stretch into a week or longer, Bullock said.
Bost, the Quest spokesperson, described the delay in community testing as a temporary agreement with state officials.
"We mutually agreed to postpone some community events for the general population in order to ensure testing is available for the patients who are most in need, such as those who are symptomatic and ill in the hospital," she said.
Montana hasn't canceled its contract with Quest, but state officials said they are unsure whether the state will resume using the company.
"We can meet the need that we have in Montana with these two solutions," Bullock said, referring to the Montana State University and North Carolina laboratories. "But that doesn't mean that we won't be returning to Quest at some point."
KHN correspondent Rachel Bluth contributed to this report.
Research already shows that germicidal UV can effectively inactivate airborne microbes that transmit measles, tuberculosis and SARS-CoV-1, a close relative of the novel coronavirus.
This article was first published on Wednesday, July 22, 2020 in Kaiser Health News.
High up near the ceiling, in the dining room of his Seattle-area restaurant, Musa Firat recently installed a "killing zone" — a place where swaths of invisible electromagnetic energy penetrate the air, ready to disarm the coronavirus and other dangerous pathogens that drift upward in tiny, airborne particles.
Firat's new system draws on a century-old technology forfending off infectious diseases: Energetic waves of ultraviolet light — known as germicidal UV, or GUV — are delivered in the right dose to wipe out viruses, bacteria and other microorganisms.
Research already shows that germicidal UV can effectively inactivate airborne microbes that transmit measles, tuberculosis and SARS-CoV-1, a close relative of the novel coronavirus. Now, with concern mounting that the coronavirus that causes COVID-19 may be easily transmittedthrough microscopic floating particles known as aerosols, some researchers and physicians hope the technology can be recruited yet again to help disinfect high-risk indoor settings.
"I thought it was a great idea, and I want my customers to be safe," said Firat whose casual eatery, Marlaina's Mediterranean Kitchen, is 20 minutes south of downtown Seattle.
As the U.S. grapples with how to interrupt the spread of the highly infectious virus, UV is being used to decontaminate surfaces on public transit and in hospitals where infectious droplets may have landed, as well as to disinfectN95 masks for reuse. But so far using this technology to provide continuous air disinfection has remained outside of most mainstream, policy-setting conversations about the coronavirus.
Experts attribute this to a combination of factors: misconceptions about UV's safety, a lack of public awareness and technical know-how, concerns about the costs of installing the technology, and a general reluctance to consider the role of aerosols in the spread of the coronavirus.
Aerosols are microdroplets expelled when someone exhales, speaks or coughs. Unlike the larger and heavier respiratory droplets that fall quickly to the ground, aerosols can linger in the air a long time and travel through indoor spaces. When someone catches a virus this way, the process is called "airborne transmission."
It's already recognized that the coronavirus can spread by means of aerosols during medical procedures, which is why healthcare workers are advised to wear respirators, such as N95 masks, that filter out these tiny particles. Yet there is still considerable debate over how likely the virus is to spread in other settings via aerosols.
Recently, the question of airborne transmission gained new urgency when a group of 239 scientistscalled on the World Health Organization to take the threat of infectious aerosols more seriously, arguing that the "lack of clear recommendations on the control measures against the airborne virus will have significant consequences."
WHO officials conceded that more research is needed but maintained that most infections do not happen this way.
As the science continues to evolve, UV could emerge as an attractive safeguard against airborne transmission — one with a track record against pathogens — that can be deployed to reduce the risk of infectious aerosols accumulating in indoor settings such as schools and businesses.
Welcome to the 'Killing Zone'
At Marlaina's restaurant, there are just two visible clues of the new UV disinfection system — a subtle glow of blue light above the black grates of the drop ceiling, and a hand-chalked sign at the door, proudly announcing to diners: "Coronavirus Disinfected Here!"
The system was installed while the restaurant was closed during Washington state's lockdown. The setup is known as "upper-room germicidal UV" because the UV fixtures are mounted high and angled away from humans below.
Ceiling fans circulate the air, eventually pushing any suspended viral particles that have accumulated in the dining space through the grated drop ceiling, to the area where UV lights, positioned horizontally, blast them with radiant energy.
The inspiration and technical assistance for Marlaina's owner came from customer Bruce Davidson, a pulmonary physician who was Philadelphia's "tuberculosis czar" in the mid-'90s. Back then, the U.S. was grappling with a new outbreak of TB that included strains resistant to existing drugs.
"Preventing transmission was the most important part, because we had no drugs, no vaccine," recalled Davidson, who now lives outside Seattle. UV light proved to be a key strategy back then, and Davidson thinks it can help again: "It really ought to be in most indoor public spaces now."
To demonstrate the concept, Davidson lit a cigar inside Marlaina's and showed how the smoke danced upward, collecting in the ceiling space with the UV fixtures.
"If somebody has undetected coronavirus and doesn't eat with a mask and is talking and so on, the vast majority of their particles are going to get pulled up there into the killing zone and circulate and bounce around," Davidson said. "Statistically, the risk to other people is going to be very low."
Research shows close to 90% of airborne particles from a previous coronavirus (SARS-CoV-1) can be inactivated in about 16 seconds when exposed to the same strength of UV as in the restaurant's ceiling. Other viruses, such as the adenovirus, are more resistant and require a higher dose of UV.
"Although it's not perfect, it probably offers the best solution for direct air disinfection" in the current pandemic, said David Sliney, a faculty member at Johns Hopkins University and longtime researcher on germicidal UV.
When used with proper ventilation, upper-room GUV is about 80% effective against the spread of airborne tuberculosis,according to several studies. This is equivalent to replacing the air in a room up to 24 times an hour.
But widespread adoption of UV systems could be an uphill battle, Sliney said, because in the U.S., interest in using UV for air disinfection has waned in recent decades as scientists focused their attention on powerful vaccines and drugs to deal with infectious diseases.
Understanding Aerosols and Airborne Transmission
UV can be a powerful weapon against an airborne virus, but it can go only so far toward preventing infection. People can still get sick from the larger, heavier droplets ejected via coughs and sneezes. They can directly inhale those droplets or touch a surface contaminated with them, and then touch their eyes, nose or mouth.
UV also does not prevent someone from being exposed to infectious aerosols that have just emerged from an infected person — and are lingering quite near his or her body — what researcher Richard Corsi called the "near field."
"In that scenario, you're inhaling a very concentrated cloud of these tiny particles that you can't see," said Corsi, dean of the Maseeh College of Engineering & Computer Science at Portland State University. "You're getting a pretty significant dose in your respiratory system."
So, even if there is upper-room UV in a building, Corsi said, face masks and social distancing are still necessary to block larger respiratory droplets and remove some of the aerosols in the near field. But Corsi said there's now enough evidenceto show that coronavirus aerosols can hang in the air and spread throughout a room ("the far field"), and it's time to take that airborne spread seriously.
One example of far-field transmission is documented in a study of a restaurant in China at which some diners seated at neighboring tables contracted the COVID-19 virus despite never coming into close contact with the "index case-patient." Another piece of evidencecame from a March 10 choir practice in Mount Vernon, Washington, after which the majority of singers contracted the coronavirus, even though members of the group took precautions to use hand sanitizer and avoid hugs and handshakes.
In their letter to WHO, scientists note that the coronavirus that causes MERS can spread through aerosols, and "there is every reason to expect that [the COVID virus] behaves similarly."
Understanding the Technology and Safety
Germicidal UV harnesses a portion of the electromagnetic spectrum that contains short waves of radiant energy, called UV-C. This wavelength is further away from the visible spectrum than other forms of UV light.
Think of it as giving the virus a lethal sunburn.
"We have very little practical experience to show how effective it can be [in a pandemic] since it's been out of use in this country and in Western Europe," said Sliney of Johns Hopkins, who chairs a committee with the Illuminating Engineering Society, which recently released new guidance on GUV.
Sliney recommends installing UV in big-box stores, restaurants and grocery stores, which typically have high ceilings. "There needs to be vertical air exchange," he said, as with ceiling fans, so "it's not just sterilizing the air in the upper space of the room."
"No one doubts the efficacy of germicidal UV in killing small microorganisms and pathogens. I think the bigger controversy, if there is any, is misperceptions around safety," said Dr. Edward Nardell, a professor at Harvard Medical School who researches GUV.
Low-dose germicidal UV can damage the eyes and skin, but Nardell said those risks can be avoided by following the appropriate guidelines. While international guidelines warn against directly exposing humans to UV-C, the risks of skin cancer are considered negligible, especially compared with longer wavelengths of UV that can penetrate more deeply.
Could UV Make a Comeback?
With interest in UV climbing, there is concern about shoddy products on the market and exaggerated claims about their effectiveness against the virus, said Jim Malley, a professor at the University of New Hampshire who studies public health and disinfection.
Consumers should be wary of marketing claims about "UV wands" that can be waved quickly over surfaces or special "portals" that people walk through, he said, because those are probably not correctly calibrated to inactivate the virus and could be dangerous.
Malley said he does not think there's much of a viable market for upper-room GUV outside healthcare settings, but he supports installing the technology in the most high-risk settings, such as meatpacking plants and nursing facilities.
"My gut feeling is we should do anything we can in those places, because we have a horrendous fatality record" with the coronavirus, he said.
At Marlaina's restaurant, the installation was relatively straightforward.
The owner, Firat, purchased four UV fixtures (at $165 each), hired an electrician to install the fans and bought black gridded plastic panels to enclose the ceiling space where the UV is mounted.
Firat still encourages his customers to wear masks and maintain social distance. But he said the UV has become part of the ambiance.
"It's more modern and clean, and the response is great, absolutely great," he said.
This story is part of a partnership that includes NPR and Kaiser Health News.
NIH researchers are trying to get a better sense of how socioeconomic factors like income, family structure, diet and access to health care affect COVID infections and outcomes.
This article was first published on Tuesday, July 21, 2020 in Kaiser Health News.
While the disproportionate impact of COVID-19 on Black and Hispanic Americans is no secret, federal officials have launched studies of the disparity that they hope will better prepare the country for the next great epidemic.
The National Institutes of Health began the ambitious “All of Us” research project in 2018 with the goal of enrolling at least a million people in the world’s most diverse health database. Officials saw it as an antidote to medical research that traditionally has skewed heavily white, well-off and male.
Amid a wavering federal response that has allowed staggering levels of disease to sweep the country, the NIH program is a potential bright spot. About 350,000 people have consented to be part of the project, and more than 270,000 of them have shared their electronic health records and submitted blood or DNA samples. Of the latter, more than half are members of minority groups, and 81% are from traditionally underrepresented groups in terms of socioeconomic background, sexual identity or other categories, according to NIH.
NIH researchers are trying to get a better sense of how socioeconomic factors like income, family structure, diet and access to health care affect COVID infections and outcomes. The hope is to come up with insights that will better prepare the country, especially its Black and Hispanic communities, for the next pandemic.
The participants’ blood and DNA samples, and access to their electronic health records, offer researchers a trove of data about the pandemic’s effect on minorities. As part of the program, NIH has promised to return research results to all participants in plain language.
In a sense, “All of Us was designed for COVID-19,” said Hugo Campos, a program participant and ambassador who lives in Oakland, California. “If we can’t deliver value to participants now, we might as well just forget it.”
The NIH constructed All of Us with the expectation “that something like COVID-19 could come,” said Josh Denny, the project’s chief executive officer.
All of Us, started by NIH Director Francis Collins under President Barack Obama, aims to answer questions that will allow health care to be tailored to individuals based on their unique genetics, environmental exposures, socioeconomics and other determinants of health. Now, scientists are tapping into its database to ask how factors like isolation, mental health, insurance coverage and work status affect COVID-19 infections and outcomes.
The first NIH study employing the database, already underway, will conduct antibody testing on the blood of at least 10,000 program volunteers, starting with those who joined most recently and going back in time to determine when COVID-19 entered the U.S.
Beginning in early May, All of Us has distributed monthly surveys to participants, via email or text, inquiring about stress levels associated with social distancing, work habits and environments, mask-wearing and hand-washing. It’s also asking whether participants have had COVID-19 symptoms or have been tested, and includes queries about insurance coverage, drug use and mental health status.
Another study will provide researchers with de-identified data, including antibody test results and digital health information, to study whether symptoms vary among people who have tested positive for COVID-19 depending on their ethnicity, socioeconomic status and other categories.
Federal data shows that Black seniors have been four times as likely, and Latino seniors twice as likely, to be hospitalized with COVID-19 as white seniors. It’s understood that structural racism and socioeconomic differences contribute to this gap, but All of Us hopes to help pinpoint reasons and potential solutions.
The minorities who’ve experienced the poorest COVID-19 outcomes are well represented in the All of Us research cohort, said Denny. “We will really be able to layer a number of kinds of information on what’s happening to different populations and try to drive at some of that ‘Why?’ Are there genetic differences, differences in prior medical history, timing of testing?”
One of the precepts of All of Us is to share the results of its studies with participants as well as involve them in study designs. NIH hired leaders of churches, community organizations and other grassroots groups to spread the word on the program.
The largely Spanish-speaking clientele at San Ysidro Health, a federally qualified health center based in San Diego, has been eager to participate in the COVID-19 research, said Fatima Muñoz, the health system’s director of research and health promotion. Most of the All of Us participants she helped recruit prefer in-person interactions, but they are adapting to the pandemic’s online requirements, she said.
“There is historically a well-founded mistrust amongst some diverse populations and communities of color in biomedical research,” said Denny. “We can’t control history but can try to engage authentically going forward.”
The Black Lives Matter protest movement has pushed the program’s leaders to do more for its diverse participants, Denny said.
“It’s caused us to think more of how we can promote diversity in researchers, which had not been as much of a focus,” he said. “It has heightened some of the urgency and importance of what we’re doing. It’s a great call to action.”
The All of Us program is funded with $1.5 billion over 10 years through the 21st Century Cures Act of 2016. Denny said he expects results from the antibody testing, an $850,000 project that was contracted out to Quest Diagnostics, to be published this year, with insights from the surveys published after that.
The All of Us database provides unparalleled access to information on research groups whose level of harm by the virus would have been hard to predict, said Dr. Elizabeth Cohn, a professor of nursing at Hunter College in New York. Cohn is a community engagement lead for All of Us and chairs its publications committee.
“This is the demonstration of why we built this platform,” said Cohn. “This is a big moment for All of Us because this is what it was built to do.”
The pandemic has made it even clearer why it’s necessary to have a multicultural base for health research, said Dr. Randall Morgan, executive director of the W. Montague Cobb/National Medical Association Health Institute, an All of Us partner.
“When we get to 1 million, we hope to still have that level of representation,” he said.
DENVER — Dr. Michelle Barron, medical director of infection prevention and control at UCHealth University of Colorado Hospital, received an unusual call last month from the microbiology lab: confirmation of the third case this year of trench fever, a rare condition transmitted by body lice that plagued soldiers during World War I.
Barron's epidemiological training kicked in.
"Two is always an outbreak, and then when we found a third — OK, we clearly have something going on," Barron recalled thinking.
Barron, who said she'd never before seen a case in her 20 years here, contacted state public health officials, who issued an advisory Thursday and said a fourth person with a suspected case had been identified. They asked physicians to be on the lookout for additional cases.
Trench fever is characterized by relapsing fever, bone pain (particularly in the shins), headache, nausea, vomiting and malaise. Some of those infected can develop skin lesions or a life-threatening infection of their heart valves.
The condition is caused by the bacterium Bartonella quintana, a close relative of the bug that causes cat scratch fever. Colonies of it live in the digestive systems of body lice and are excreted in their feces. The bugs can enter the body through a scratch in the skin or through the eyes or nose. Dried lice feces can be infectious for up to 12 months.
Trench fever is most commonly diagnosed among people experiencing homelessness or living in conditions where good hygiene is difficult. Those with compromised immune systems are particularly at risk.
Public health officials are trying to find a common thread among the four cases identified so far in Colorado. They occurred months apart, and the patients appear to have no connection other than having been homeless in the Denver area.
Other cases of the disease may have been overlooked. This outbreak comes, after all, at a time when much attention is being diverted to the coronavirus pandemic. But the economic fallout of that crisis could be fueling the outbreak of an illness that thrives on hardship.
Trench fever can be an easy diagnosis to miss, Barron said. Patients often have other health problems that could explain their symptoms, and doctors will try to rule out the more common causes before considering a rare one.
Moreover, the bacteria grow very slowly in lab cultures — it can take up to 21 days, and labs usually discard cultures after seven days. Barron said the bacteria in two of the confirmed cases grew just before the cell cultures were due to be thrown out.
Doctors will often treat the symptoms of a disease like trench fever with antibiotics. If the patient heals, it's possible no tests will be pursued to determine the organism causing the illness, said Dr.Kristy Murray, an infectious disease specialist with Baylor College of Medicine and Texas Children's Hospital in Houston.
"With this particular disease, unless you work in a setting where you're with the homeless all the time, you're not thinking about it or looking for it," she said. "It is very rare."
Nonetheless, in recent years, outbreaks have occurred in San Francisco and Seattlehomeless camps.
Barry Pittendrigh, a Michigan State University entomologist who was part of an international collaborative studying the lice that cause trench fever, said head lice can also carry the bacteria, but their immune systems are strong enough to keep it in check. Body lice live in clothing, coming on and off to feed on the body. Their immune systems aren't as strong, he said, so the bacteria can flourish.
"We see scenarios when social crises are occurring — wars, economic downturn, displacement of people — when there is this chance that we'll have problems around hygiene that, in turn, these louse populations take off and you get these diseases," Pittendrigh said.
A spike in body lice occurred during the 2008 recession, he said, and before that, during the Great Depression and the two world wars. The current economic and health disruption caused by the COVID-19 pandemic could lead to another increase.
As public health agencies struggle with the coronavirus, fewer resources are left to track down outbreaks of other infectious diseases.
Colorado is committed to battling both issues, said state health department spokesperson Deanna Herbert. "We are continuing to grow the COVID-19 response staff, which allows us to balance other outbreaks and needs with responding to the global pandemic," she wrote in an email. "Scaling to the size we have is a tremendous undertaking, but we have a staff that is absolutely committed to being as responsive as possible to the needs of all Coloradans."
Murray said an outbreak often can be interrupted with outreach to homeless shelters and other groups that provide services to those living on the street. Mobile showers or offering to launder or replace their clothes can help. Body lice can be killed by washing and drying clothes at high temperatures — at least 130 degrees Fahrenheit.
The pesticide permethrin can also be used to treat clothing, bedding and backpacks to prevent lice infestation. Most people don't need to worry, though: According to the federal Centers for Disease Control and Prevention, infestation is unlikely to persist on anyone who bathes regularly and switches to clean clothes and bedding every week.
Still, trench fever has been considered a reemerging disease since the 1990s.
"Old infectious diseases always still have the potential to come back," Barron said. "Even though we live in a society that we consider very modern and very safe on so many levels, these organisms, at the end of the day, have been here longer than us and plan to survive."
By extending the time frame to sign up for COBRA coverage, people have at least 120 days to decide whether they want to elect COBRA, and possibly longer depending on when they lost their jobs.
This article was first published on Monday, July 20, 2020 in Kaiser Health News.
People who've been laid off or furloughed from their jobs now have significantly more time to decide whether to hang on to their employer-sponsored health insurance, according to a recent federal rule.
Under the federal law known as COBRA, people who lose their job-based coverage because of a layoff or a reduction in their hours generally have 60 days to decide whether to continue their health insurance. But under the new rule, that clock doesn't start ticking until the end of the COVID-19 "outbreak period," which started March 1 and continues for 60 days after the COVID-19 national emergency ends. That end date hasn't been determined yet.
By extending the time frame to sign up for COBRA coverage, people have at least 120 days to decide whether they want to elect COBRA, and possibly longer depending on when they lost their jobs.
Take the example of someone who was laid off in April, and imagine that the national emergency ends Aug. 31. Sixty days after that date takes the person to the end of October. Then the regular 60-day COBRA election period would start after that. So, under this example, someone whose employer coverage ended at the beginning of May could have until the end of December to make a decision about whether to sign up for COBRA, with coverage retroactive to the beginning of May.
Some health policy experts question the usefulness of the change, given how expensive COBRA coverage can be for consumers, and how limited its reach: It isn't an option for people who are uninsured or self-employed or who work for small companies.
"For ideological reasons, this administration can't do anything to expand on the Affordable Care Act's safety net," said Sabrina Corlette, a research professor at Georgetown University's Center on Health Insurance Reforms. "So they're using these other vehicles. But it's really a fig leaf. It doesn't do much to actually help people."
What does this rule change mean for workers? If you have lost your job, here are some things to consider.
Playing a Waiting Game
Under the new rule, workers can keep their COBRA options open far longer than before. It's always been the case that people could take a wait-and-see approach to signing up for COBRA during the first 60 days after losing their coverage. If they needed care during that time, they could elect COBRA, pay the back premiums and continue their coverage. But if they didn't need care during that time, they could save a chunk of money on premiums before opting for other coverage to kick in after the 60-day period.
Now, people have even more time to wait and see. Under the rule, once the administration declares the national emergency over, laid-off workers would get 120 days to decide whether to purchase their job-based insurance — 60 days under the new rule and the regular 60 days allowed as part of the COBRA law.
"It becomes a long-term unpaid insurance policy," said Jason Levitis, a nonresident fellow at the Center for Health Policy at the Brookings Institution. "There's no reason to enroll until something bad happens."
This is not without risk, consumer advocates point out. Someone who has a serious medical emergency — a car accident or a stroke — might not be able to process their COBRA paperwork before they need medical care.
Waiting too long could also affect people's ability to sign up for other coverage. When people lose job-based coverage, it triggers a special enrollment period that allows them to sign up for new coverage on their state health insurance marketplace for up to 60 days afterward.
"You could miss your opportunity to enroll in the [insurance] exchange" created under the Affordable Care Act, said Katy Johnson, senior counsel for health policy at the American Benefits Council, an employer advocacy group.
Don't Count on the Boss to Clue You In
Employers are not mandated to tell people promptly about their eligibility for COBRA. The same federal rule that gives workers more time to sign up for COBRA also pushes back the notification requirements for employers.
"Once an employer lays you off, they don't have to notify you that you're eligible for COBRA until after the emergency period," said Karen Pollitz, a senior fellow at KFF, the Kaiser Family Foundation. (KHN is an editorially independent program of the foundation.)
For many employers, especially large ones that outsource their benefits administration, notifications are routine and are continuing despite the federal change, said Alan Silver, a senior director at benefits consultant Willis Towers Watson. However, for smaller companies with fewer than 200 workers, getting the information out might be an issue, Silver said.
Costs Can Be Jaw-Dropping
Opting for COBRA is expensive because workers have to pay both their portion of the premium and their employer's share, plus a 2% administrative fee. A 48-year-old paid $599 a month on average for individual COBRA coverage last year, according to a KFF analysis.
In addition, if people elect COBRA several months after losing their coverage, they could be on the hook for thousands of dollars in back premiums.
The upside for former employees is that sticking with their previous employer's plan means they don't have to start from scratch paying down a new deductible on a new plan. Nor do they have to find new doctors, as often happens when people switch health plans and provider networks change.
Ten percent of workers laid off or furloughed because of the coronavirus pandemic reported they had COBRA coverage, according to a survey conducted last spring by the Commonwealth Fund.
The COBRA extension is available only to people who worked at firms with 20 or more employees and had job-sponsored coverage before being laid off or furloughed. If the company goes out of business, there's no health insurance to continue to buy.
Might Hospitals Step In to Pay Premiums?
Employers are typically not big fans of the program. Workers who elect COBRA are typically older and sicker than others with employer coverage, the KFF analysis found. They may have serious medical conditions that make them expensive to cover and raise employer costs.
Some policy experts are concerned that giving people more time to sign up for COBRA leaves the door open for hospitals or other providers to offer to pay sick patients' back premiums in order to increase their own payment above what they'd receive if someone were on Medicaid or uninsured. Doing so could be a boon for some patients but raise healthcare costs for employers, said Christopher Condeluci, a healthcare lawyer who does legal and policy work around the Affordable Care Act and ERISA issues.
"Employers are worried," said Pollitz. After getting laid off, "what if you're uninsured and you wind up in the hospital six months in, and then the hospital social worker learns you're eligible for COBRA and offers to pay your premium?"
Correction: This story was updated on July 20 at 9:40 a.m. ET to correct Jason Levitis' title. He is a nonresident fellow at the Center for Health Policy at the Brookings Institution.
In advance of an upcoming road trip with her elderly parents, Wendy Epstein's physician agreed it would be "prudent" for her and her kids to get tested for COVID-19.
Seeing the tests as a "medical need," the doctor said insurance would likely pay for them, with no out-of-pocket cost to Epstein. But her children's pediatrician said the test would count as a screening test — since the children were not showing symptoms — and she would probably have to foot the bill herself.
It made no sense. "That's two different responses for the exact same scenario," said Epstein, a health law professor at DePaul University in Chicago, who deferred the tests as she clarified the options.
Early on in the coronavirus pandemic — when scarce COVID testing was limited to those with serious symptoms or serious exposure — the government and insurers vowed that tests would be dispensed for free (with no copays, deductibles or other out-of-pocket expense) to ensure that those in need had ready access.
Now, those promises are being rolled back in ways that are creating turmoil for consumers, even as testing has become more plentiful and more people — like Epstein — are being advised to get them.
Late last month, the Trump administration issued guidance saying insurers had to waive patient costs only for "medically appropriate" tests "primarily intended for individualized diagnosis or treatment of COVID-19." It made clear that insurers do not have to fully waive cost sharing for screening tests, even when required for employees returning to work or for assisting in public health surveillance efforts.
Left unclear are situations like that faced by Epstein — and others who seek a test to clear a child for summer camp or day care. Public health officials have been unanimous in the opinion that widespread, readily available testing is crucial for getting businesses and schools open again, and society back on its feet.
But who should bear the costs of that testing — or a share of them — is an unresolved question.
Who pays when all employees are required to have a negative COVID test in order to return to work? Or if a factory tests workers every two weeks? Or just because someone wants to know for their own peace of mind?
The questions may be compounded in some cities and states where tests are widely available at clinics or drive-thru centers. In New York, CityMD clinics bill insurers $300 for the service, according to an explanation-of-benefits document given to KHN by a patient. The related charge from the lab that processed the test, according to the same patient's insurance statement, was $55. Most patients don't have to pay a share of those amounts.
The clinic has a partnership with the city allowing anyone who wants a test for the virus to get one. Still, no test is truly free, as labs bill insurers or submit for reimbursement from government programs.
Until a recent spike in virus cases created long delays in many areas, some other regions also took a test-everyone-who-wants-a-test approach. While that is one way to get a picture of where the virus is spreading, it can also become a cash cow providing income to clinics and labs, as residents seek multiple "free" tests after each potential exposure.
In an email, a spokesperson for CityMD would not say how much the clinic is reimbursed for testing. The clinics do not bill for lab testing, she wrote, referring questions about those costs to the laboratories that process them.
Insurers will be making judgment calls — likely on a case-by-case basis — about how they will handle cost sharing for screening tests under the new Trump administration guidance.
What is clear: Insurers have argued against requirements that they waive all cost sharing for workplace COVID testing, noting they don't do that for other screening efforts, such as drug-testing programs. For now, insurers will "continue to pay for tests recommended by a doctor," Kristine Grow, spokesperson for AHIP, an industry group, wrote in an email to KHN.
But AHIP also sent a clear signal that it would not embrace cost sharing waivers for workplace or public health screening efforts. Earlier this month, the organization lobbied federal lawmakers to include funding in the next stimulus package for public health surveillance and workplace testing programs — a cost estimated between $6 billion and $25 billion annually in an earlier study commissioned by the group.
The Evolving Rules for Free Testing
The coronavirus relief legislation passed by Congress in March, and April guidance from the Trump administration implementing it, agreed that patients should not be burdened with payments for COVID testing and treatment that is "medically appropriate."
But as the pandemic has evolved and grown, the definition of that term has both broadened and become fuzzier.
The Centers for Disease Control and Prevention says testing is appropriate for people who fall into five broad categories, including those with suspected exposure and those required to be tested for "purposes of public health surveillance," which it defines as checking for disease hot spots or trends.
"There's definitely a disconnect between what public health experts are recommending for testing and how it's going to be paid for," said Sabrina Corlette, co-director of the Center on Health Insurance Reforms at Georgetown University.
And tension is mounting among insurers, employers and consumers over who should pay. While insurers say employers should cover the cost for back-to-work testing, many employers are struggling financially and may not be able to do so. At the same time, workers, especially those in lower-wage jobs, also cannot afford out-of-pocket costs for testing, particularly if it is required regularly.
Among those waiting to hear if their insurance will cover the test is Enna Allen of Glencoe, Illinois, who urged her au pair to get a test after the young woman traveled to New Orleans. She had been on a plane, after all, and New Orleans has its share of COVID cases.
"I wanted her to have a test before she returned to work with my kids," said Allen.
As Allen called around to find a testing site, she explained the test was needed for employment — for someone with no symptoms. After some effort, she found a clinic that, for $275, offered a 15-minute rapid test and said it would accept her au pair's insurance.
"I'm assuming they [the insurer] will cover it unless I get a bill weeks from now," said Allen, who said she would pay the bill for her employee if that happens.
There is also a great gray area in deciding who should qualify for free testing after "suspected" exposure. What is suspected exposure? Sharing a small office with an infected co-worker? Participating in a protest? Or simply living in or visiting the Sun Belt, where community spread is accelerating?
"If the au pair went to a clinic and said she was just in New Orleans, and the doctor said that's enough of a risk to order a test, even though she doesn't have symptoms, my read of the guidance is the health plan has to cover it 100%," said Corlette.
Yet a child who's mainly been sheltering at home who needs a test before being admitted to summer camp probably would not meet the definition.
"That's a different story because it's harder to argue there's been exposure or potential exposure," said Corlette. "At the end of the day, there's many ways to interpret the guidance."
Congressional Democrats have accused the Trump administration in its new guidance of "giving insurance companies loopholes instead of getting people the free testing they need."
Insurers, patients and politicians have locked horns before when screening tests were billed differently than those same tests for diagnostic purposes, since the boundary is often unclear. Under the Affordable Care Act, for example, colonoscopy screening for cancer is "free," meaning no patient copayment. But if a polyp is found, doctors sometimes code the procedure as a diagnostic test, which can lead to hundreds or even thousands of dollars in copayments.
While vital, testing is costly — or can be. Medicare reimburses up to $100 for the COVID test. On top of that, there may also be costs associated with the office or clinic visit. And the price is widely variable in the private market, according to a reportout last week by KFF, the Kaiser Family Foundation. Prices ranged from $20 to $850 for a single test. (KHN is an editorially independent program of the foundation.)
Media reports have shown tests average $100, but some labs bill insurers for thousands of dollars for each one.
Without a copay, many patients never learn how much their tests actually cost their insurers, which could lead to overuse.
Also, when patients are entirely shielded from the cost, test makers, labs and medical providers are more likely to seek price increases, said Heather Meade, a principal at Washington Council Ernst & Young.
In the end, consumers may still feel a resulting pinch in the form of higher premiums.
Wondering about the sharply different views of her doctors on whether her insurance would fully cover the cost, law professor Epstein called her insurer, which assured her the tests would be covered 100% at in-network providers with no copay or deductible, as long as they were coded correctly. The family will be tested soon, and it appears she's dodged a financial bullet. But Epstein cautioned in an email: "It's unclear to me how many insurers will maintain this policy."
In an email, Missouri Hospital Association spokesperson Dave Dillon called the move "a major disruption."
This article was first published on Friday, July 17, 2020 in Kaiser Health News.
Just as the number of people hospitalized for COVID-19 approaches new highs in some parts of the country, hospital data in Kansas and Missouri is suddenly incomplete or missing.
The Missouri Hospital Association reports that it no longer has access to the data it uses to guide state coronavirus mitigation efforts, and Kansas officials say their hospital data may be delayed.
The Trump administration this week directed hospitals to change how they report data to the federal government and how that data will be made available.
In an email, Missouri Hospital Association spokesperson Dave Dillon called the move “a major disruption.”
“All evidence suggests that Missouri’s numbers are headed in the wrong direction,” Dillon said. “And, for now, we will have very limited situational awareness. That’s all very bad news.”
The absence of the data will make it harder for health and public officials, as well as the general public, to understand how the virus is spreading.
“It’s hugely problematic,” said Dr. Karen Maddox, a public health researcher at Washington University in St. Louis. “The only way that we know where things are going up and where things are going down and where we need to be putting resources and where we need to be planning is because of those data.”
The White House instructed hospitals to report data to the Department of Health and Human Services through a new system created by a Pennsylvania-based company, TeleTracking, instead of to the Centers for Disease Control and Prevention.
The directive came as a surprise to hospitals, according to Kansas Hospital Association spokesperson Cindy Samuelson.
“From our perspective, these changes are big,” Samuelson said. “We only found out Tuesday, and we had to update the data by Wednesday night — so, less than 48 hours.”
The Missouri Hospital Association currently does not have access to the new HHS system, according to Dillon. He said the new system is also significantly different from the CDC system.
“The new datasets for reporting are not identical and in several cases are ill-defined,” Dillon said. “That has complicated hospitals’ efforts.”
In the wake of the announcement, the Missouri Department of Health and Senior Services posted a notice on its website this week that the daily and weekly updates on hospitals, including the numbers of people hospitalized and the availability of standard hospital beds, ICU beds and ventilators, would be temporarily halted.
“Missouri Hospital Association (MHA) and the State of Missouri will be unable to access critical hospitalization data during the transition. While we are working to collect interim data, situational awareness will be limited,” the notice on the department’s website says.
Dillon said the hospital association hopes to have “within a few days or weeks” hospital and coronavirus data that had been available through the CDC.
“However, in the short term, we’ll be very much in the dark,” Dillon said.
The hospital association will create an alternative reporting system for hospitals, according to Dillon, and plans to continue producing weekly reports, despite the uncertainty about data.
The Missouri Department of Health and Senior Services did not respond to inquiries regarding the data.
Kansas health officials are still able to access hospital and coronavirus data through the CDC and TeleTracking, according to Kansas Department of Health and Environment spokesperson Kristi Zears.
However, Kansas Hospital Association spokesperson Samuelson said the Kansas hospital data may be delayed if it is incomplete.
“If we’re not able to get a bulk of our members converted and uploading, I’m not sure we want to show it because then it will look like things have gotten a lot better,” Samuelson said.
The most recent data shows that as of July 12, 875 Missourians were hospitalized with COVID-19, among the highest reported numbers since an early May peak of 984. Kansas’ most recent data shows 1,393 people have been hospitalized with the disease.
The Trump administration said the reporting change was needed due to reporting delays and other problems with the CDC.
But the move has been widely criticized for being disruptive, especially as COVID-19 infection numbers reach new highs and hospitals in some areas of the country are reaching capacity.
“By now, we should have a foolproof, streamlined reporting system for COVID,” Maddox said. “And this change — midstream — is not going to do anything to help our ability to fight the disease.”
This story is part of a reporting partnership that includes KCUR, NPR and Kaiser Health News.