The federal government has historically declined to provide Medicaid dollars to states that don't allow patients to choose between 'any willing provider.' Texas is asking for a change in that position.
The Trump administration is weighing whether to allow Texas to receive millions of federal Medicaid dollars for its family planning program, which bars abortion providers.
The Lone Star State eliminated its Medicaid-funded family planning program five years ago when state officials said they wanted to specifically exclude Planned Parenthood because the group provides abortions. Dozens of women’s health clinics closed as Texas established a wholly state-funded program that officials say today serves 220,000 women.
Medicaid’s family planning program is optional for states and used by half of them to provide contraception services for low-income women who earn too much to qualify for traditional Medicaid.
Texas, Iowa and Missouri gave up that federal money to avoid supporting groups that offer abortion. Planned Parenthood says it does not use any government money for abortions.
Texas is the first state to appeal to a more conservative White House to restore the funds. The federal government has historically declined to provide Medicaid dollars to states that don’t allow patients to choose between “any willing provider.” Texas is asking for a change in that position.
As part of its “Medicaid Nation” series, Kaiser Health News is examining the far-reaching impact of Medicaid — which has expanded its services in the past decade — and how millions of American households routinely access health care through its programs.
The provision that covers only family planning is a tiny part of Medicaid, which now serves about 74 million Americans. But it is seen by advocates as a vital way to avoid unwanted pregnancies and for states to save money by reducing Medicaid-covered births and coverage for infants and children.
Nationally, about 2.8 million people were enrolled in the coverage last year, according to a Kaiser Health News survey of state Medicaid officials. California alone had 1.8 million people in the program.
“This is expanding Medicaid to cut Medicaid,” said Elizabeth Momany, associate research scientist at the University of Iowa. “If you avert one childbirth, you save quite a bit,” she said, noting that children on full Medicaid remain in the program for at least five years after birth, on average.
Medicaid began in 1965 as a way to provide for poor children, their mothers and people with disabilities. Maternal benefits are a key part of traditional Medicaid. It pays for half of all U.S. births and covers 45 percent of children under the age of 6.
The federal government encourages the benefit limited to family planning— which does not include physician visits or hospital care — by covering 90 percent of the cost. In contrast, Medicaid covers births and related costs at 50 to 74 percent, with states picking up the rest of the tab.
The cost savings help explain why the family planning program is popular among states. Even some of those most opposed to the expansion of Medicaid under the Affordable Care Act — including the entire Southeast — largely take part in the Medicaid family planning program. North Carolina, South Carolina, Alabama and Florida rank in the top five by enrollment, behind California, the Kaiser survey found.
“For two decades, states across the country, red, blue and purple, have expanded Medicaid eligibility for family planning services because doing so helps people to avoid unintended pregnancies and to plan and space wanted pregnancies,” said Adam Sonfield, senior policy manager at the Guttmacher Institute, a reproductive health research organization that supports abortion rights. “In the process, that has also been proven to save the state and federal governments many millions of dollars.”
While eligibility and benefits vary by state, the family planning programs generally provide free coverage for a wide array of contraceptives, including birth control pills and long-acting implants. Some also provide checkups, assistance in kicking tobacco, cancer screenings and testing for sexually transmitted infections.
In family planning programs around the country, services are generally provided by Planned Parenthood clinics, county health departments, federally funded community health centers and private physician offices. Critics say prohibiting Planned Parenthood from family planning programs would hurt patients’ access to services.
Eligibility in some states starts as early as age 12, while others automatically enroll women in the programs after their maternity benefit expires, typically 60 days after giving birth.
In California and some other states, both men and women are eligible, but women make up the vast majority of the enrollees.
North Carolina Medicaid officials estimate the program saves the state about $15 million a year, according to spokesman Cobey Culton.
Alabama has also seen savings. Kari White, a health policy professor at the University of Alabama at Birmingham, said the program covers about 120,000 women in the state with income levels below 141 percent of the federal poverty level, or about $17,000 for an individual.
An evaluation she conducted for the state last year found the birth rate for women enrolled in the program was one-third of what would have been estimated without the coverage.
“It helps to save Medicaid dollars overall to have these programs,” White said.
Even the Trump administration, which is seeking to reduce the number of adults on Medicaid rolls, signaled its support of the family planning program in late December when it approved a 10-year extension of Mississippi’s program.
California’s program — called Family Pact (Planning, Access, Care and Treatment) — covers people with incomes up to 200 percent of the federal poverty level (about $24,000) who don’t have other sources of family planning coverage.
“It provides a very essential public health benefit to all Californians who otherwise wouldn’t get these services,” said Claire Brindis, director of the Philip R. Lee Institute for Health Policy Studies at the University of California-San Francisco, who evaluated California’s program.
A big reason California’s enrollment is so much higher than other states, in addition to its much larger population, is that undocumented immigrants can also receive the services, although their care is paid for only with state funds.
Marta Mateo of Los Angeles is using the family planning program for a tubal ligation to prevent another pregnancy.
“I’m ready to have my tubes tied,” she said in the lobby at Eisner Pediatric & Family Medical Center as the youngest of her four children slept in her arms. “I don’t want any more babies.”
Mateo said she’s grateful for the coverage because her factory job doesn’t offer it, and she can’t afford to buy it on her own.
“I just don’t have the money for that,” she said. “This is a good opportunity for us to get care.”
Nationwide, the number of women covered by the Medicaid family planning program dropped from 3.8 million in 2013 to last year’s 2.8 million, as many people gained other coverage through the Affordable Care Act, according to the KHN survey and interviews with state officials. The enrollment decline was also due to several states discontinuing the program.
Three states that expanded Medicaid under the ACA dropped the program — Michigan, Illinois and Ohio. But the Medicaid expansion covers women up to 138 percent of the federal poverty level, which is an annual income of about $16,700 for an individual, while the family planning programs had an average eligibility level of 185 percent of federal poverty level, or $22,400.
The former principal investigator over clinical trials of a treatment vaccine at the Walter Reed Army Institute of Research faces accusations he mishandled HIV research.
President Donald Trump’s likely pick to lead the Centers for Disease Control and Prevention is facing significant criticism because of a 20-year-old controversy over shoddy HIV research.
The Army in 1994 acknowledged accuracy issues with HIV vaccine research led by Dr. Robert Redfield, who is expected to head the CDC, but concluded at the time that the data errors did not constitute misconduct.
Yet one of the whistleblowers who first raised the matter to the Army told Kaiser Health News this week that he remains so troubled about Redfield’s handling of the vaccine research that he has decided to speak out publicly.
Redfield was principal investigator over clinical trials of a treatment vaccine at the Walter Reed Army Institute of Research. The research was conducted at a time when there was intense pressure to come up with a treatment for HIV/AIDS, which often killed patients within a matter of months.
“Either he was egregiously sloppy with data or it was fabricated,” said former Air Force Lt. Col. Craig Hendrix, a doctor who is now director of the division of clinical pharmacology at Johns Hopkins University School of Medicine. “It was somewhere on that spectrum, both of which were serious and raised questions about his trustworthiness.”
In a letter to Trump this week, Washington Sen. Patty Murray, the ranking Democrat on the health committee, cited the research controversy as an example of a “pattern of ethically and morally questionable behavior” by Redfield that should prompt the president to reconsider the appointment.
Redfield’s appointment, which does not require Senate confirmation, was leaked to the news media over the weekend. Redfield did not respond to questions, and the Department of Health and Human Services, which oversees the CDC, declined to comment.
Redfield, who denied any scientific misconduct at the time, is now an HIV/AIDS expert at the University of Maryland School of Medicine. He has been praised by his supporters for his care of patients. He oversees a clinical program that treats 6,000 patients in the Baltimore-Washington area, according to an online bio.
But Redfield’s critics said the expected appointment demonstrates that the Trump administration is not vetting appointees thoroughly. The first CDC head, Brenda Fitzgerald, stepped down in January after a controversy over her purchase of tobacco stocks, and former HHS Secretary Tom Price resigned late last year amid criticism over his use of government and private planes for official travel.
“The White House claimed they would do better background checks,” said Dr. Sidney Wolfe, founder and senior adviser of Public Citizen’s Health Research Group. “But that statement is dangerously laughable. If they had done a proper background check, they wouldn’t have chosen Dr. Redfield.”
Public Citizen, a Washington watchdog group, was a leading critic of the Army’s handling of Redfield’s data at the time and obtained and published documents that detailed the controversy.
Hendrix, who was the director of an Air Force HIV clinical unit when he raised the concerns, said: “Two members of his [Redfield’s] team told me they had tried to replicate the analysis, but they couldn’t. When they tried to go to the Army, they said they were ignored.”
After Hendrix couldn’t replicate the results, he drafted a letter to his superiors reporting the data problems.
Hendrix said Redfield’s superiors initially told him not to send a letter detailing the concerns. Instead, the military scheduled a meeting with Redfield and other researchers so Hendrix could discuss the concerns. In the meeting, Hendrix recalled, Redfield acknowledged he had overstated how promising the results were.
“I thought it was resolved,” said Hendrix, who said he later called Redfield to say he was proud to work in an organization that could openly discuss such concerns.
However, Hendrix soon heard Redfield make the same inaccurate representations of the data at a conference and decided to file an official complaint requesting an investigation into scientific misconduct.
An Air Force institutional review board also recommended that the Army launch an inquiry stating: “The committee agreed the information presented by Dr. Redfield seriously threatens his credibility as a researcher and has the potential to negatively impact AIDS research funding for military institutions as a whole.”
But the Army did not appear to launch a full investigation, said Hendrix, who was interviewed at the time by the military official who conducted the inquiry. The military official declined Hendrix’s attempts to provide documented evidence, telling him the investigation was “informal.”
Hendrix later asked the commander of his hospital about the outcome of the investigation. He recalled that the commander called another officer to ask.
“I just remember him saying “Yes, sir,” he said. “When he hung up, he told me, ‘We will not be discussing this again.’”
Redfield was transferred from the laboratory he headed and assigned to treat patients, although the Army said he was not being punished. The Army also said the data would be corrected, and the military scrapped the program.
The project had earlier drawn criticism because Congress had set aside $20 million for the vaccine after lobbying by a former senator on behalf of the manufacturer.
Hendrix said he occasionally interacted over the years with Redfield and holds no grudges.
“Before this happened, he made important contributions to HIV-prevention efforts,” he said. “I respected him.”
However, he said, he remains disturbed by the military’s handling of the matter. He teaches a class on medical ethics and uses his own experience without naming Redfield to describe to his students the ethical quandaries faced in research.
Faulty data can lead other scientists to repeat the same mistakes and prompt participants to seek out trials for drugs and vaccines that don’t work.
“It’s a huge waste of funds,” he said. “But just as importantly, it diminishes trust, which is essential in science. If truth is eroded, then the whole enterprise falls apart.”
Republicans generally want more restrictions on abortion funding. Democrats generally want fewer. Here's a guide to the history of the current impasse.
The Affordable Care Act very nearly failed to become law due to an intraparty dispute among Democrats over how to handle the abortion issue. Now a similar argument between Democrats and Republicans is slowing progress on a bill that could help cut soaring premiums and shore up the ACA.
At issue is the extent to which the Hyde Amendment — language commonly used by Congress to prohibit most federal abortion funding — should be incorporated into any new legislation affecting the health law.
Republicans generally want more restrictions on abortion funding. Democrats generally want fewer. Here’s a guide to the history of the current impasse:
What Is The Hyde Amendment?
The Hyde Amendment, named for Rep. Henry Hyde (R-Ill.), an anti-abortion crusader who died in 2007, prohibits federal funding of abortion in Medicaid and several other health programs run by the Department of Health and Human Services. Current exceptions allow for funding in cases of rape, incest or “where a physical condition endangers a woman’s life unless an abortion is performed.”
But the Hyde Amendment is not permanent law. Rather, it has been included every year since 1977 as a “rider” to federal spending bills. Hence, its exact language changes from time to time. The rape and incest exceptions, for example, were not included in the annual HHS spending bill from 1981 to 1993. During that time, the only exception was for abortions required to save a pregnant woman’s life.
Hyde-like language has been added to other annual spending bills over the years, so federal abortion funding is also now forbidden in private health insurance plans for federal employees, women in federal prisons, those in the Peace Corps and women in the military, among others.
Over the years, Democrats have worked, unsuccessfully, to eliminate the Hyde Amendment, charging that it unfairly harms low-income women who cannot afford to pay for abortions. Proposed elimination of the language was included in the Democratic Party’s 2016 platform.
Republicans have tried, also so far unsuccessfully, to write the Hyde funding prohibitions into permanent law. “A ban on taxpayer funding of abortion is the will of the people and ought to be the law of the land,” said then-House Speaker John Boehner (R-Ohio) in 2011.
How Did The Affordable Care Act Deal With Federal Abortion Funding?
Republicans in both the House and Senate unanimously refused to support the Affordable Care Act when it passed Congress in 2010. Even without their backing, abortion remained a huge hurdle.
In order to pass the bill over GOP objections, Democrats needed near unanimity among their ranks. But the Democratic caucus at the time had a significant number of abortion opponents, particularly those representing more conservative districts and states. In order to facilitate the bill’s movement, House and Senate leaders agreed that the health bill should be “abortion-neutral,” meaning it would neither add to nor subtract from existing abortion restrictions.
That proved difficult. So difficult that to this day there is disagreement about whether the law expands or contracts abortion rights.
Democratic sponsors of the bill were buffeted by appeals from women’s groups, who wanted to make sure the bill did not change existing coverage of abortion in private health insurance; and from abortion opponents, led by the United States Conference of Catholic Bishops , who called the bill a major expansion of abortion rights.
The bill passed the House in 2009 only after inclusion of an amendment by Rep. Bart Stupak (D-Mich.), a longtime opponent of abortion. That bill included a government-sponsored health plan and Stupak’s provision would have made the Hyde Amendment a permanent part of that plan. The amendment also banned federal premium subsidies for private health insurance plans that offered abortion as a covered service, although it allowed for plan customers to purchase a rider with non-federal money to cover abortion services.
The Senate bill jettisoned the government-sponsored plan, so no restrictions were necessary on the abortion issue. And it was the Senate plan that went forward to become law. Still, differences remained over how to ensure that subsidies provided by taxpayers did not go to private plans that covered abortions.
In the upper chamber, a compromise was eventually reached by abortion-rights supporter Sen. Barbara Boxer (D-Calif.) and Sen. Ben Nelson (D-Neb.), who opposed abortion. Nelson was the final holdout on the bill, which needed all 60 Democrats then in the Senate to overcome unanimous GOP opposition. The Boxer-Nelson language was a softening of the Stupak amendment, but still allowed states to prohibit plans in the ACA’s insurance marketplaces from covering abortion.
In addition, President Barack Obama agreed to issue an “executive order” intended to ensure no federal funds were used for abortions.
In the end, both sides remained unhappy. Abortion opponents wanted the Hyde Amendment guarantees in the actual legislation rather than the executive order. Abortion-rights backers said the effort constricted abortion coverage in private health plans.
And both sides are still unhappy. According to the Guttmacher Institute, a reproductive health research group, 26 states have passed legislation restricting abortion coverage in any plan sold through the ACA’s insurance exchanges.
Another 11 states have passed laws restricting abortion coverage in all private insurance sold in the state. Nine of those states allow separate abortion “riders” to be sold, but no carriers offer such coverage in those marketplaces, according to a 2018 analysis by the Kaiser Family Foundation. (Kaiser Health News is an editorially independent program of the foundation.)
Three states — California, New York and Oregon — require nearly all insurance plans to provide abortion coverage, according to the National Women’s Law Center.
What Abortion Provisions Do Republicans Want To Add To The Latest Health Bill?
The issue for 2018 is a bipartisan bill that seeks to “stabilize” the individual insurance market and the ACA’s health insurance exchanges by providing additional federal funding to offset some recent premium increases. Some options include restoring federal subsidies for insurers who cover out-of-pocket costs for very low-income customers and setting up a federal reinsurance pool to help insurers pay for very expensive patients.
But once again, the abortion debate threatens to block a consensus.
Many Republicans are dubious about efforts to shore up the health law. They still hope its failure could lead to a repeal they were unable to accomplish in 2017.
Even some who say they are sympathetic to a legislative remedy want to add the permanent Hyde Amendment language that was left out of the final ACA, although included in Obama’s executive order.
That is “not negotiable for House Republicans,” a spokeswoman for House Speaker Paul Ryan (R-Wis.) told The Hill newspaper. The White House has also endorsed a permanent Hyde Amendment.
But Sen. Patty Murray (D-Wash.), who has been negotiating the insurance bill for the Democrats, calls any additional abortion restrictions “a complete nonstarter” for Democrats.
While the health care field overall has far more women than men, in many stations of power the top of the pyramid is overwhelmingly male, with women occupying the vast base.
Annette Katz didn’t expect to be part of a major social movement. She didn’t set out to take on a major health organization. But that all began to change when a co-worker saw her fighting back tears and joined Katz to report to her union what amounted to a criminal sexual offense at a Cleveland Veterans Affairs Medical Center in 2012 and 2013.
Four years later, Katz, a licensed practical nurse at the hospital, testified in a court deposition that a male nursing assistant had shoved her into a linen closet and groped her and subjected her to an onslaught of lewd comments.
In speaking out and taking legal action, Katz joined a growing group of women who are combating sexual harassment in the medical field at every level, from patients’ bedsides to the executive boardroom.
Much as the #MeToo moment has raised awareness of sexual harassment in business, politics, media and Hollywood, it is prompting women in medicine to take on a health system where workers have traditionally been discouraged from making waves and where hierarchies are ever-present and all-commanding. While the health care field overall has far more women than men, in many stations of power the top of the pyramid is overwhelmingly male, with women occupying the vast base.
In a recent survey, 30 percent of women on medical faculties reported experiencing sexual harassment at work within the past two years, said Dr. Reshma Jagsi, who conducted the poll. That share is comparable to results in other sectors and, as elsewhere, in medicine it had been mostly taboo to discuss before last year.
“We know harassment is more common in fields where there are strong power differentials,” said Jagsi, who is director of the Center for Bioethics and Social Sciences in Medicine at the University of Michigan. “And we know medicine is very hierarchical.”
Workers in the health care and social assistance field reported 4,738 cases of sexual harassment from fiscal 2005 through 2015, eclipsed only by fields such as hospitality and manufacturing, where men make up a greater proportion of the workforce, according to data gathered by the Equal Employment Opportunity Commission.
A Kaiser Health News review of dozens of legal cases across the U.S. shows similar patterns in the waves of harassment cases that have cropped up in other fields, from entertainment to sports to journalism: The harassers are typically male. The alleged harasser supervises or outranks the alleged victim. There are slaps on the butt, lewd comments and requests for sex. When superiors are confronted with reports of bad behavior, the victims, mostly women, are disbelieved, demoted or fired.
But recently, physicians have taken to Twitter using the #MeTooMedicine tag, sharing anecdotes and linking to blogs that chronicle powerful doctors harassing them or disrobing at professional conferences.
Women who work in cardiology recently told the cardiology trade publication TCDMD that they felt the problem was particularly widespread in their specialty, where females account for 14 percent of the physicians. A Los Angeles anesthesiologist made waves in a blog post urging “prettier” women to adopt a “professional-looking, even severe, hair style” to be taken seriously and to consider self-defense classes.
Among those speaking out is Dr. Jennifer Gunter, a San Francisco obstetrician-gynecologist, who recently wrote a blog post about being groped in 2014 by a prominent colleague at a medical conference — even naming him.
“I think nothing will change unless people are able to name people and institutions are held accountable,” she said in an interview. “I don’t think without massive public discourse and exposure that things will change.”
Lawsuits, many settled or still making their way through the courts, describe encounters.
A Florida nurse claimed that in 2014, a surgeon made lewd comments about her breasts, asking her in a room full of people if he should “refer to her as ‘JJ’ or ‘Jugs,’” the nurse’s lawsuit says. The nurse said she “responded that she wished to be called by her name.”
In other cases: A phlebotomist in New York alleged in a lawsuit that a doctor in her medical practice gave her a box of Valentine’s Day candy and moved in for an unwanted kiss on the mouth. A Florida medical resident alleged that a supervising doctor told her she looked like a “slutty whore.” A Nebraska nurse claimed that a doctor she traveled with to a professional conference offered to buy her a bikini, if he could see her in it, and an extra night in a hotel, if they could share the room. She declined.
A Pennsylvania nurse described the unsatisfying response she got after reporting that a colleague had pressed his pelvis against her and flipped through her phone for “naked pictures.” A supervisor to whom she reported the conduct expressed exasperation, saying “I can’t deal with this” and “What do you want?”
Dr. Kayla Behbahani, chief psychiatry resident at University of Massachusetts Memorial Medical Center, did not file a lawsuit but recently wrote about sexual harassment by a subordinate. In an interview, she said her instincts were to pity the man, and also to follow a dictate that’s drilled into medical students: Don’t make waves. So, she disclosed the harassment only after another woman’s complaint launched an investigation.
“As a professional, I come from a culture where you go with the flow,” Behbahani said. “You deal with what you’re dealt. In that regard, it was a dilemma for me.”
Annette Katz, the Veterans Affairs nurse, initially didn’t complain about the harassment. A single mother with two children, she needed her job. Her attacker, MD Garrett, was also a nursing assistant but had more seniority, was a veteran and was friends with her boss.
“I really did feel that I would lose my job,” Katz said in an interview. “I would be that troublemaker.”
But as the abuse escalated, she went to the VA inspector general and the Cleveland police.
She estimated that five times Garrett pushed her into a closet where he would ask for sex. She would “tell him ‘no’ and fight my way out of [his] grip,” her statement said. He shoved her into an unconscious patient’s bathroom and would “try to restrain me, but I eventually could break free.”
After one such assault, a colleague noticed tears in Katz’s eyes. The co-worker shared with Katz that she, too, had been a target of Garrett’s lewd behavior.
Katz and the colleague filed complaints in March 2013 with their union, the police and with their managers. That July, Garrett was indicted by a grand jury and later pleaded guilty to three counts of sexual imposition and one count of unlawful restraint. He was also dismissed from his job.
Reached by phone, Garrett said he agreed to the plea because he was facing multiple felonies and didn’t know what a jury would do. He said that even though he pleaded guilty to four misdemeanors, he did not commit the crimes of which he was accused. “There was no harassment; she and I were friends,” he said.
Speaking quietly, going to HR — if that worked, we wouldn’t be here.
In 2013, Katz sued the VA, alleging that it failed to protect her from harassment and retaliated against her by refusing to give her a job-site transfer before firing her for not showing up to work.
The VA attorneys argued that the department had no direct knowledge of harassing behavior before Katz reported it, and that once it was informed, immediate action was taken. Veterans Affairs deputy press secretary Lydia Blaha said in an email that anyone engaged in sexual harassment is swiftly held accountable.
The U.S. Department of Veterans Affairs agreed in February to pay $161,500 to settle Katz’s lawsuit.
Katz said it was costly and emotional to press on with her legal case but hopes it helps other women see that seeking justice is worthwhile. “I do think there are a lot of women who just suffer in silence,” she said.
Gunter, the San Francisco physician-blogger, said that needed change will come only when people who are more established across all professions stand up for those who are more junior. “Speaking quietly, going to HR — if that worked, we wouldn’t be here,” she said.
It’s ironic, she said, that as a gynecologist she’s trained to believe patients’ claims about sexual assault. In the workplace, though, it’s well-known that raising such matters can backfire. She added: “Physicians should be setting a standard on this.”
Advocates say what they need most is money, which would most likely come through the government spending bill that's due March 23. But they aren't holding their breath.
In a speech Monday, President Donald Trump pushed for a tougher federal response, emphasizing a tough-on-crime approach for drug dealers and more funding for treatment. And Congress is upping the ante, via a series of hearings — including one scheduled to last Wednesday through Thursday — to study legislation that might tackle the unyielding scourge, which has cost an estimated $1 trillion in premature deaths, health care costs and lost wages since 2001.
Dr. Leana Wen, an emergency physician by training and the health commissioner for hard-hit Baltimore, said Capitol Hill has to help communities at risk of becoming overwhelmed.
“We haven’t seen the peak of the epidemic. We are seeing the numbers climb year after year,” she said.
Provisional data from the Centers for Disease Control and Prevention suggest that almost 45,000 Americans died from opioid overdoses in the 12-month period ending July 2017, up from about 38,000 in the previous cycle. (Those data are likely to change, since many death certificates have not yet been reported to the CDC.)
“It’s not going to get any better unless we take dramatic action,” Wen said.
And the time for most meaningful change could be dwindling. Advocates say what they need most is money, which would most likely come through the government spending bill that’s due March 23. But they aren’t holding their breath.
Show Me The Money
The federal budget deal, which was signed into law in early February, promised $6 billion over two years for initiatives to fight opioid abuse. Congress is still figuring out how to divvy up those funds. The blueprint is expected to be included in the spending bill this week.
Last month, a bipartisan group of senators introduced a bill that would add another $1 billion in funding to support expanded treatment and also limit clinicians to prescribing no more than three days’ worth of opioids at a time.
That legislation is likely to have wide support in the Senate, but its path through the House is less certain.
This cash infusion is still not going to be enough, predicted Daniel Raymond, policy director for the Harm Reduction Coalition, a national organization that works on overdose prevention.
“It’s not clear whether there’s a real appetite to go as far as we need to see Congress go,” he said. “To have a fighting chance, we need a long-term commitment of at least $10 billion per year.” Academic experts said that assessment sounded on target.
The figure is more than three times what’s allocated in the budget and 10 times what even the new Senate bill would provide, and far beyond the spending levels put forth by any previous packages to fight the opioid epidemic.
The difficulty in getting funding — and a key reason why the bipartisan Senate bill might stall in the House — in part goes to the heart of Republicans’ philosophy about budgeting.
The GOP, which controls both chambers of Congress, has “always been very focused on pay-fors,” said a Republican aide to the House Energy and Commerce Committee, explaining that new funding is generally expected to be accompanied by cuts in current expenditures so that overall government spending doesn’t rise. And that could limit how much money lawmakers are ultimately willing to commit to fight opioid abuse.
Some observers worry this notion is pound-foolish.
“We have an enormous set of costs ahead of us if we don’t invest now,” said Dr. Traci Green, an associate professor of emergency medicine and community health science at Boston University, who has extensively researched the epidemic.
Ahead In Congress
Meanwhile, the House could take up its version of a separate Senate-passed proposal designed to, in certain cases, make more prominent any opioid history in a patient’s medical record. The idea is to prevent doctors from prescribing opioids to at-risk patients.
In addition, the House’s Energy and Commerce Committee in late February held a hearing focused on “enforcement” — discussing, for instance, giving the federal Drug Enforcement Administration more power in drug trafficking, and whether to treat fentanyl, a particularly potent synthetic opioid, as a controlled substance. This week’s hearings will tackle a slew of public health-oriented bills, such as making sure overdose patients in the emergency room get appropriate medication and treatment upon discharge, or expanding access to buprenorphine, which is used to treat addiction.
And the House Ways and Means Committee, which has jurisdiction over Medicare — the federal insurance plan for seniors and disabled people — is working to develop strategies that limit access to opioids and make treatment more available.
These are some promising ideas, Raymond said, but it’s still “playing catch-up. … The big gap is the money, and the broader vision.”
This flurry of activity comes after Congress in 2016 passed two laws directly dealing with addiction and substance abuse disorders, the Comprehensive Addiction and Recovery Act and the 21st Century Cures Act. CARA promised $181 million — although it didn’t appropriate those dollars — while the Cures Act provided $1 billion over two years.
It’s playing out against the backdrop of steady policy tensions.
The Trump administration, which in October declared the opioid epidemic a public health crisis, has repeatedly pushed a more punitive approach, such as harsher sentences for drug trafficking, including the death penalty and establishing mandatory minimum sentences. That emphasis, experts said, detracts from other parts of the plan that might highlight, say, addiction treatment.
Instead, those experts emphasized treatment and prevention as well as “harm reduction” ideas such as providing more overdose-antidote medication and funding programs like syringe exchanges.
They say focusing on punishment has been ineffective in the past and neglects the heart of the issue.
Certainly, curbing the flow of illegal drugs is important, Wen said. But it’s insufficient by itself. And the size of the problem means lawmakers need to provide quicker, more direct aid — not just proposals that tinker “around the edges.”
“We would never refuse any funding, because we need it desperately,” she said. “But ask us what we need.”
Analysts often describe the change as the most far-reaching attempt in the nation to control the medical costs driving up insurance premiums and government spending.
Saturdays at Mercy Medical Center used to be perversely lucrative. The dialysis clinic across the street was closed on weekends.
That meant the downtown Baltimore hospital would see patients with failing kidneys who should have gone to the dialysis center. So Mercy admitted them, collecting as much as $30,000 for treatment that typically costs hundreds of dollars.
“That’s how the system worked,” said Mercy CEO Thomas Mullen. Instead of finding less expensive alternatives, he said, “our financial people were saying, ‘We need to admit them.’”
Maryland’s ambitious hospital-payment overhaul, put in place in 2014, has changed such crass calculations, which are still business as usual for most of American health care. A modification of a long-standing state regulation that would be hard to replicate elsewhere, the system is nevertheless attracting national attention, analysts say.
As soon as Mercy started being penalized rather than rewarded for such avoidable admissions, it persuaded the dialysis facility to open on weekends, saving government insurance programs and other payers close to $1 million annually.
In the four years since Maryland implemented a statewide system of pushing hospitals to lower admissions, such savings are adding up to hundreds of millions of dollars for the taxpayers, employers and others who ultimately pay the bills, a new report shows.
Maryland essentially pays hospitals to keep people out of the hospital. Analysts often describe the change as the most far-reaching attempt in the nation to control the medical costs driving up insurance premiums and government spending.
Like a giant health maintenance organization, the state caps hospitals’ revenue each year, letting them keep the difference if they reduce inpatient and outpatient treatment while maintaining care quality. Such “global budgets,” which have attracted rare, bipartisan support during a time of rancor over health care, are supposed to make hospitals work harder to keep patients healthy outside their walls.
Maryland’s system, which evolved from a decades-old effort to oversee hospitals as if they were public utilities, regulates all hospital payments by every private and government insurer. That makes it radically different from piecemeal attempts to lasso health spending, such as creating accountable care organizations, which seek savings among smaller groups of patients.
From the program’s launch in 2014 through 2016, per capita hospital spending by all insurers grew by less than 2 percent a year in Maryland. That’s below the economic growth rate, according to new results from the state’s hospital regulator and the federal Department of Health and Human Services.
Keeping hospital spending below economic growth — defined four years ago as 3.58 percent annually — is a key goal for the program and something that rarely happened.
Counting The Savings
The state plan saved the Medicare program for seniors and the disabled about half a billion dollars over three years and achieved “substantial reductions in hospitalization and especially improvements in quality of care,” said a Medicare spokesman.
In the three years measured so far, he added, “the state has already exceeded the required performance for the full five years of the model.”
As high costs for hospital care have been growing more slowly nationwide, Maryland hospital costs over that period rose even less.
“It looks like it has very strong results,” said John McDonough, a Harvard health policy professor who helped craft the federal Affordable Care Act.
What Maryland is doing, he said, “is pretty bold and it’s pretty thoughtfully done and has generated a huge amount of interest around the country.”
Comprehensive results through 2016 are the most recent available from Maryland and HHS, although savings continued last year, Maryland officials said. Independent researchers found mixed results for savings in the earlier years of Maryland’s system.
Maryland’s global budgets saved Medicare $293 million — 1.8 percent of total Medicare spending — in 2014 and 2015, research firm RTI International reported in August.
A separate paper from a team led by Eric Roberts at the University of Pittsburgh found that Maryland’s program in those years couldn’t be clearly credited for reducing hospital use.
The system’s advocates say several years of results are needed to show it’s working.
“These are not fake savings,” said Joseph Antos, an economist at the conservative-leaning American Enterprise Institute who sits on Maryland’s hospital-payment commission. “It didn’t happen instantaneously. It’s taken this number of years to achieve the kinds of savings that you see” for 2016 and beyond.
Even boosters such as Joshua Sharfstein, the former Maryland health secretary who got approval for global budgets from the Obama administration, say the system is far from perfect or finalized.
“There is a range of responses. Some hospitals have been able to do more than others,” said Sharfstein, now an associate dean at the Johns Hopkins Bloomberg School of Public Health in Baltimore. “Change in health care is notoriously slow.”
Hospitals have lagged in delivering primary, preventive care to people with chronic conditions such as asthma, diabetes and heart failure, especially in low-income neighborhoods.
Maryland’s system does little to control soaring costs of drugs or nursing home care, doctors’ office treatments and other care not connected to hospitals, although policymakers are working on proposals to do both.
Even so, “what Maryland has done is just so far ahead of many of these other models” to try to control costs, said Dan D’Orazio, a management consultant who has worked with hospitals across the country. One Maryland hospital CEO told him: “This has fundamentally changed how we wake up and do business every day,” D’Orazio said.
Seeing A Difference
At Mercy, described by policymakers as more aggressive than many hospitals in watching costs, about a third of the patients now leave the hospital with medications in hand, said Dr. Wilma Rowe, the hospital’s chief medical officer. That bypasses the tendency for patients to skip a follow-up pharmacy visit and risk landing back in the emergency room.
A statewide data network notifies Mercy and other hospitals when one of their patients ends up in an emergency room somewhere else. That helps coordinate care.
Greater Baltimore Medical Center, north of the city, has hired dozens of primary care doctors to track around 1,000 people with diabetes — staying in touch, advising on diets and keeping them on insulin so they avoid the hospital.
Often clinicians visit elderly patients’ homes to prevent what might turn into an ambulance call and admission, said the hospital’s CEO, Dr. John Chessare.
Before global budgets, “I’d look at the waiting room in the [emergency department], and if it wasn’t full I’d get scared,” he said.
Now he worries it might be full of people who could be better treated elsewhere — including Gilchrist, a GBMC affiliate delivering hospice care for those at the end of life.
These days, he said, “we consider it a defect if someone with chronic disease dies in the hospital.”
Lawmakers in California will begin debate next month on a bill that would require doctors to screen new moms for mental health problems — once while they’re pregnant and again after they give birth.
But many obstetricians and pediatricians bristle at the idea, saying they are afraid to screen new moms for depression and anxiety.
“What are you going to do with those people who screen positive?” said Dr. Laura Sirott, an OB-GYN who practices in Pasadena. “Some providers have nowhere to send them.”
Nationally, depression affects up to 1 in 7 women during or after pregnancy, according to the American Psychological Association.
And of women who screen positive for the condition, 78 percent don’t get mental health treatment, according to a 2015 research review published in the journal Obstetrics & Gynecology.
Sirott said her patients give a range of reasons why they don’t take her up on a referral to a psychologist: “‘Oh, they don’t take my insurance.’ Or ‘my insurance pays for three visits.’ ‘I can’t take time off work to go to those visits.’ ‘It’s a three-month wait to get in to that person.'”
She said it’s also hard to find a psychiatrist who is trained in the complexities of prescribing medications to pregnant or breastfeeding women, and who is willing to treat them, especially in rural areas.
“So it’s very frustrating,” Sirott said, “to ask patients about a problem and then not have any way to solve that problem.”
Moms are frustrated, too. After the baby comes, no one asks about the baby’s mother anymore.
Wendy Root Askew struggled for years to get pregnant, and when she finally did, her anxiety got worse. She couldn’t stop worrying that something would go wrong.
“And then, after I had my son, I would have these dreams where someone would come to the door and they would say, ‘Well, you know, we’re just going to wait two weeks to see if you get to keep your baby or not,'” Root Askew said. “And it really impacted my ability to bond with him.”
Wendy and Dominick Root Askew with their son. When the little boy (now 6) was born, Wendy struggled with postpartum depression. (Courtesy of Wendy Root Askew)
She likes California’s bill, AB 2193, because it goes beyond mandated screening. It would require health insurance companies to set up case management programs to help moms find a therapist, and connect obstetricians or pediatricians to a psychiatric specialist.
“Just like we have case management programs for patients who have diabetes or sleep issues or back pain, a case management program requires the insurance company to take some ownership of making sure their patients are getting the treatment they need to be healthy,” said Root Askew, who is now advocating for the bill on behalf of the group 2020 Mom.
Health insurance companies haven’t taken a position on the legislation. It’s unclear how much it would cost them to comply, because some already have infrastructure in place for case management programs, and some do not. But there is consensus among insurers and health advocates that such programs save money in the long run.
“The sooner that you can get good treatment for a mom, the less expensive that condition will be to manage over the course of the woman’s life and over the course of that child’s life,” Root Askew said.
Some doctors still have their objections. Under the bill, they could be disciplined for not screening. Some have said they worry about how much time it would take.
The health care system, and the incentives, aren’t set up for this sort of screening, Sirott said.
“Currently, I get $6 for screening a patient,” she said. “By the time I put it on a piece of paper and print it, it’s not worth it.”
It’s not clear whether the direct and indirect costs of screening would be worth it to the patients, either. Four other states — Illinois, Massachusetts, New Jersey and West Virginia — have tried mandated screening, and it did not result in more women getting treatment, according to a study published in Psychiatric Services in 2015.
Even with California’s extra requirement that insurance companies facilitate care, women could still face high copays or limits on the number of therapy sessions. Or, the new mothers might be so overwhelmed with their care for a newborn, that it would be difficult to add anything to their busy schedules.
What does seem to work, according to the study of mandated screening in other states, is when nurses or mental health providers visit new moms at home.
“Despite abundant goodwill, there is no evidence that state policies are addressing this great need,” the study’s authors report.
Supporters of California’s proposed bill, however, say doctors need to start somewhere. Screening is the first step in recognizing the full scope of the problem, said Dr. Nirmaljit Dhami, a Mountain View, Calif., psychiatrist. Women should be screened on an ongoing basis throughout pregnancy and for a year after birth, Dhami said, not just once or twice as the bill requires.
“I often tell doctors that if you don’t know that somebody is suicidal it doesn’t mean that their suicidality will go away,” she said. “If you don’t ask, the risk is the same.”
Hospital pharmacists are working long hours to find alternatives, forcing nurses to administer second-choice drugs or deliver standard drugs differently.
Even as opioids flood American communities and fuel widespread addiction, hospitals are facing a dangerous shortage of the powerful painkillers needed by patients in acute pain, according to doctors, pharmacists and a coalition of health groups.
The shortage, though more significant in some places than others, has left many hospitals and surgical centers scrambling to find enough injectable morphine, Dilaudid and fentanyl — drugs given to patients undergoing surgery, fighting cancer or suffering traumatic injuries. The shortfall, which has intensified since last summer, was triggered by manufacturing setbacks and a government effort to reduce addiction by restricting drug production.
As a result, hospital pharmacists are working long hours to find alternatives, forcing nurses to administer second-choice drugs or deliver standard drugs differently. That raises the risk of mistakes — and already has led to at least a few instances in which patients received potentially harmful doses, according to the nonprofit Institute for Safe Medication Practices, which works with health care providers to promote patient safety.
In the institute’s survey of hospital pharmacists last year, one provider reported that a patient received five times the appropriate amount of morphine when a smaller-dose vial was out of stock. In another case, a patient was mistakenly given too much sufentanil, which can be up to 10 times more powerful than fentanyl, the ideal medication for that situation.
In response to the shortages, doctors in states as far-flung as California, Illinois and Alabama are improvising the best they can. Some patients are receiving less potent medications like acetaminophen or muscle relaxants as hospitals direct their scant supplies to higher-priority cases. Other patients are languishing in pain because preferred, more powerful medications aren’t available, or because they have to wait for substitute oral drugs to kick in.
The American Society of Anesthesiologists confirmed that some elective surgeries, which can include gall bladder removal and hernia repair, have been postponed.
In a Feb. 27 letter to the U.S. Drug Enforcement Administration, a coalition of professional medical groups — including the American Hospital Association, the American Society of Clinical Oncology and the American Society of Health-System Pharmacists — said the shortages “increase the risk of medical errors” and are “potentially life-threatening.”
In addition, “having diminished supply of these critical drugs, or no supply at all, can cause suboptimal pain control or sedation for patients,” the group wrote.
The shortages involve prefilled syringes of these drugs, as well as small ampules and vials of liquid medication that can be added to bags of intravenous fluids.
Drug shortages are common, especially of certain injectable drugs, because few companies make them. But experts say opioid shortages carry a higher risk than other medications.
Giving the wrong dose of morphine, for example, “can lead to severe harm or fatalities,” explained Mike Ganio, a medication safety expert at the American Society of Health-System Pharmacists.
Calculating dosages can be difficult and seemingly small mistakes by pharmacists, doctors or nurses can make a big difference, experts said.
Marchelle Bernell, a nurse at St. Louis University Hospital in Missouri, said it would be easy for medical mistakes to occur during a shortage. For instance, in a fast-paced environment, a nurse could forget to program an electronic pump for the appropriate dose when given a mix of intravenous fluids and medication to which she was unaccustomed.
“The system has been set up safely for the drugs and the care processes that we ordinarily use,” said Dr. Beverly Philip, a Harvard University professor of anesthesiology who practices at Brigham and Women’s Hospital in Boston. “You change those drugs, and you change those care processes, and the safety that we had built in is just not there anymore.”
Chicago-based Marti Smith, a nurse and spokeswoman for the National Nurses United union, offered an example.
“If your drug comes in a prefilled syringe and at 1 milligram, and you need to give 1 milligram, it’s easy,” she said. “But if you have to pull it out of a 25-milligram vial, you know, it’s not that we’re not smart enough to figure it out, it just adds another layer of possible error.”
During the last major opioid shortage in 2010, two patients died from overdoses when a more powerful opioid was mistakenly prescribed, according to the institute. Other patients had to be revived after receiving inaccurate doses.
The shortage of the three medications, which is being tracked by the FDA, became critical last year as a result of manufacturing problems at Pfizer, which controls at least 60 percent of the market of injectable opioids, said Erin Fox, a drug shortage expert at the University of Utah.
A Pfizer spokesman, Steve Danehy, said its shortage started in June 2017 when the company cut back production while upgrading its plant in McPherson, Kan. The company is not currently distributing prefilled syringes “to ensure patient safety,” it said, because of problems with a third-party supplier it declined to name.
That followed a February 2017 report by the U.S. Food and Drug Administration that found significant violations at the McPherson plant. The agency cited “visible particulates” floating in the liquid medications and a “significant loss of control in your manufacturing process [that] represents a severe risk of harm to patients.” Pfizer said, however, that the FDA report wasn’t the impetus for the factory upgrades.
Other liquid-opioid manufacturers, including West-Ward Pharmaceuticals and Fresenius Kabi, are deluged with back orders, Fox said. Importing these heavily regulated narcotics from other countries is unprecedented and unlikely, she added, in part because it would require federal approval.
At the same time, in an attempt to reduce the misuse of opioid painkillers, the Drug Enforcement Administration called for a 25 percent reduction of all opioid manufacturing last year, and an additional 20 percent this year.
“DEA must balance the production of what is needed for legitimate use against the production of an excessive amount of these potentially harmful substances,” the agency said in August.
When the coalition of health groups penned its letter to the DEA last month, it asked the agency to loosen the restrictions for liquid opioids to ease the strain on hospitals.
The shortages are not being felt evenly across all hospitals. Dr. Melissa Dillmon, medical oncologist at the Harbin Clinic in Rome, Ga., said that by shopping around for other suppliers and using pill forms of the painkillers, her cancer patients are getting the pain relief they need.
Dr. Shalini Shah, the head of pain medicine at the University of California-Irvine health system, pulled together a team of 20 people in January to figure out how to meet patients’ needs. The group meets for an hour twice a week.
The group has established workarounds, such as giving tablet forms of the opioids to patients who can swallow, using local anesthetics like nerve blocks and substituting opiates with acetaminophen, ketamine and muscle relaxants.
“We essentially have to ration to patients that are most vulnerable,” Shah said.
Two other California hospital systems, Kaiser Permanente and Dignity Health in Sacramento, confirmed they’re experiencing shortages, and that staff are being judicious with their supplies and using alternative medications when necessary. (Kaiser Health News, which produces California Healthline, is not affiliated with Kaiser Permanente.)
At Helen Keller Hospital’s emergency department in Sheffield, Ala., earlier this month, a 20-year-old showed up with second-degree burns. Dr. Hamad Husainy said he didn’t have what he needed to keep her out of pain.
Sometime in January, the hospital ran out of Dilaudid, a drug seven times more potent than morphine, and has been low on other injectable opioids, he said.
Because Husainy’s patient was a former opioid user, she had a higher tolerance to the drugs. She needed something strong like Dilaudid to keep her out of pain during a two-hour ride to a burn center, he said.
“It really posed a problem,” said Husainy, who was certain she was in pain even after giving her several doses of the less potent morphine. “We did what we could, the best that we could,” he said.
Bernell, the St. Louis nurse, said some trauma patients have had to wait 30 minutes before getting pain relief because of the shortages.
“That’s too long,” said Bernell, a former intensive care nurse who now works in radiology.
Dr. Howie Mell, an emergency physician in Chicago, said his large hospital system, which he declined to name, hasn’t had Dilaudid since January. Morphine is being set aside for patients who need surgery, he said, and the facility has about a week’s supply of fentanyl.
Mell, who is also a spokesman for the American College of Emergency Physicians, said some emergency departments are considering using nitrous oxide, or “laughing gas,” to manage patient pain, he said.
When Mell first heard about the shortage six months ago, he thought a nationwide scarcity of the widely used drugs would force policymakers to “come up with a solution” before it became dire.
Being a medical student or resident is hard enough, but what if you have a disability that adds to the challenge?
One medical resident with a physical disability was about a year and a half into training when the health care institution finally installed an automatic door he needed. Another student faced frustrations when arranging accommodations for taking tests, with it seeming like the medical school was “making up rules along the way.” When another resident first sought support, the disability representative for the school was allegedly unfamiliar with the Americans With Disabilities Act.
These firsthand experiences are documented in a report issued Tuesday by the Association of American of Medical Colleges and the University of California-San Francisco about the accessibility and inclusion of students and doctors with disabilities in the medical field. The culture and the environment surrounding disabilities varies widely, it found, with some places doing far better than others.
About 1,500 medical students in the U.S. have disclosed a disability and receive formal accommodations. That’s about 2.7 percent of students, according to the report, and represents a lower percentage than undergraduate programs, in which about 11 percent of students, on average, disclose a disability. The report found that in medicine especially, many students hide their disability out of a “fear of judgment, bias, and skewed perception of ability.”
Medicine is an incredibly tough and competitive field where, historically, doctors have been viewed as superhumans, operating at the highest physical and mental capacity at all hours of the day and night, performing miracles and saving lives. There’s an expectation of perfection.
But doctors are human, too.
A lack of understanding about disabilities can create big challenges for otherwise qualified and talented future doctors, said Lisa Meeks, co-author of the report and a disabilities expert at the University of Michigan Medical School. Yet some schools may not even be aware of what they could be doing to foster a more inclusive environment.
“I don’t know of a school that doesn’t want to do the best practice,” said Meeks, who is also co-founder of the Coalition for Disability Access in Health Science and Medical Education, adding that schools might just not have the tools.
For Dr. Geoffrey Young, AAMC’s senior director for student affairs and programs, the nearly 100-page report is a much-needed blueprint for medical institutions to better serve students with disabilities, whether those disabilities be the easily identifiable physical kind or invisible ones.
“I think we have to do a better job of educating those in the field about what the potential is for those with disabilities, versus what is consumed or assumed to be an automatic inability,” Young said, adding that the culture is shifting in medicine. “We are having this conversation in a very open way.”
The report identifies very clear barriers and considerations schools can take in response. That includes everything from the way disabilities are discussed in the admissions process to having a person within the institution who is well-versed in both disability access issues and medical school requirements, to help future doctors better navigate their training.
For Dr. Lina Mehta, associate dean for admissions at Case Western Reserve University School of Medicine in Cleveland, improvements start with changing attitudes and approaches at the onset. Case was cited in the report as a positive example for the disabilities language it has adopted in its materials.
“In admissions, we sort of dictate the face and function of what medicine is going to look like by virtue of who we bring in,” Mehta said. Having a more diverse future physician population, one that includes people with disabilities, improves the field’s ability to understand and care for patients, she said. “It’s critical we bring in a group of learners and future practitioners who will mirror patient populations that they’re taking care of.”
This story is part of a partnership that includes WHYY’s The Pulse, NPR and Kaiser Health News.
While patient groups and communities have been quick to accept money for programs they could otherwise not afford, families who have lost loved ones to opioids are not easily placated.
A program to give naloxone overdose-antidote kits and training to front-line officers. Funding for pill disposal boxes in pharmacies, clinics and police stations across North Carolina. A radio campaign in Connecticut warning of the dangers of opioid abuse. A new medicine to treat opioid-induced constipation.
The money behind these efforts to combat the opioid epidemic and its side effects comes from a perhaps unlikely sponsor: Purdue Pharma, the company that makes the top-selling opioid, OxyContin.
After years of aggressively promoting OxyContin as a safe and effective way to combat pain, the company is — equally aggressively — recasting itself as a fundamental player in the response to a crisis that many experts say it helped to create. Such efforts come amid hundreds of lawsuits claiming that Purdue fueled the opioid epidemic by deceptively marketing OxyContin, as well as new government efforts to regulate opioids.
In February, Purdue announced that it would stop promoting its opioid drugs to physicians. At the same time, Purdue is looking to partner with other companies and expand its portfolio into areas such as oncology and sleep medicine. OxyContin accounted for more than 94 percent of Purdue’s sales in 2012 and was still over 82 percent as of last year, according to Symphony Health.
While patient groups and communities have been quick to accept money for programs they could otherwise not afford, families who have lost loved ones to opioids are not easily placated.
When Sue Kruczek heard the Purdue-sponsored radio ad on her local station, warning of the dangers of opioid addiction, she was so appalled that she said she “almost had to pull over.”
“It’s sickening. It makes me feel sick. I hold Purdue personally responsible for this epidemic,” said Kruczek, who lost her son Nick to an opioid overdose in 2013, just a week shy of his 21st birthday. “It’s blood money at this point.”
Kruczek said she was also unimpressed by the full-page ads Purdue placed in major newspapers in December, touting its “abuse-deterrent” OxyContin formulation and support for the Centers for Disease Control and Prevention guidelines for safe prescribing.
Greg Williams, executive vice president of Facing Addiction, a nonprofit group that advocates for people struggling with addiction, noted that the ads were published just months after a coalition of 41 states’ attorneys general subpoenaed records from major opioid manufacturers, including Purdue. “The timing of this recent blitz is not an accident — they were quiet for a long time,” he said of the ads and donations, calling them a tactic to avoid paying more later. “They’re spending millions of dollars to do this when they owe billions,” he said.
Purdue said it is wrong to blame the company for the opioid crisis, which resulted in 42,000 overdose deaths in 2016. The Council of Economic Advisers estimated that the crisis cost $504 billion in 2015, or 2.8 percent of GDP.
“Pointing fingers isn’t a way to get the resolution we need,” Robert Josephson, a spokesman for Purdue, said in an interview. “Pointing to one company and one product that never constituted more than 3.6 percent of total prescriptions really misses the mark.” The advertisements all end with the phrase: “We want everyone engaged to know you have a partner in Purdue Pharma. This is our fight, too.”
Some programs that have benefited from Purdue’s donations say they were unaware that the drugmaker had provided the funding — though in the midst of a crisis they were nonetheless grateful.
As part of Purdue’s partnership with the National Sheriffs’ Association, the sheriff’s department in rural Wood County, Ohio, received about 60 doses of naloxone for officers to carry. So far, the department has used about seven doses to revive people experiencing an overdose.
Sheriff Mark Wasylyshyn said that when he received the kits he was not aware that Purdue had provided the funds. But, he said, it would not have affected his decision to accept them. “I think whoever wants to do it, it’s wonderful,” he said. “If they wouldn’t have done it, I wouldn’t have had it to save those seven lives.”
Fred Wells Brason II, president and CEO of Project Lazarus in North Carolina, which partnered with Purdue to install pill disposal boxes across the state, said the organization had received little pushback for accepting the donation. The drug companies “are not going to go away. We need them, and patients need them. We just want to make sure prescribing is safe and responsible,” he said.
OxyContin sales have been dropping in recent years, from $2.8 billion in 2012 to $1.7 billion in 2017, in part because of competition from generics. Unlike other opioid manufacturers such as Johnson & Johnson, which makes hundreds of products, Purdue is known almost exclusively for its opioid drugs.
That is partly why it is soliciting business partnerships to diversity its portfolio. But one of the first of the new products feels to some like an affront: Acquired through a partnership with Japanese company Shionogi Inc. and approved last year, Symproic is a pill to treat opioid-induced constipation — a common malady of people taking the pain meds. It costs about $350 per month.
Purdue’s recent promise to cut half of its sales staff and stop marketing OxyContin to physicians altogether is unlikely to have much of an impact, especially since there are already generic versions of the drug, said Andrew Kolodny, co-director of opioid policy research at the Heller School for Social Policy and Management at Brandeis University.
“Once drug companies have generic competition, they often stop promoting anyway,” he said, adding that OxyContin is still being marketed aggressively in other countries through Purdue’s international arm, called Mundipharma. Although OxyContin is still protected by a Purdue patent, it is available in multiple generic equivalent forms, sold by generic drug companies with Purdue’s permission.
The company’s approach is nothing new, said Mike Moore, a former attorney general of Mississippi who is currently consulting on several major cases against Purdue. “They have had a history of tiny half-steps every time someone begins looking at them,” said Moore. In 2002 for example, Moore recalled, Purdue gave Florida $2 million for education and prevention programs to combat opioid abuse. “That’s like pennies in a coffee can. It doesn’t do anything,” said Moore.
Any global settlement with Purdue and other opioid manufacturers would need to be at least $100 billion to seriously address the opioid crisis, Moore said.
Even as Purdue has cut back its sales force and has been spending on harm reduction, it continues to promote prescribing of opioids.
From 2012 to 2017, for example, Purdue gave $4.15 million in funding to patient advocacy organizations and professional societies such as the Academy of Integrative Pain Management and the American Academy of Pain Medicine, a recent U.S. Senate investigation found. Many of the groups, in turn, issued statements and guidelines that minimized the risk of long-term use of opioids to treat chronic pain, according to the Senate’s report.
In 2007, Purdue pleaded guilty in federal court to misleading doctors and patients about OxyContin’s risk of addiction and potential for abuse, and agreed to pay $600 million in fines. The period under investigation, however, ended in mid-2001. Since then, Josephson said, Purdue has learned from its past mistakes and has an excellent track record. “We as a company have been addressing prescription drug abuse for 15 years,” said Josephson.
Thus far, critics note, Purdue’s efforts have not included methods that would significantly reduce or limit sales of OxyContin, the company’s blockbuster high-dose opioid drug. In statements about opioid misuse, for example, Purdue avoids the use of the term “addiction” and instead focuses on “abuse” of drugs.
“There’s a real sense that they’re saying, ‘We’re not the drivers of the problem, the addicts are the drivers of the problem. We're going to try to help, but really it’s the addicts and the people trafficking in this illegally that are the problem,’” said W. Timothy Coombs, a professor of crisis communications at Texas A&M University.
Said Adriane Fugh-Berman, who studies pharmaceutical marketing practices at the Georgetown University Medical Center: “If they were really sincere, they would be looking for ways to sell fewer opioids. We’re not seeing that.”