Gov. Gavin Newsom's first term in office has been defined by his response to the COVID-19 pandemic, which has claimed the lives of more than 65,400 Californians.
The Democratic governor issued the first statewide stay-at-home order in the nation, and his policies kept most public school students at home last year. But his own children attended private school in person and, in a move that has haunted him since, he dined with friends and lobbyists at the ritzy French Laundry restaurant in the Napa Valley in November — even though state guidelines discouraged people from mixing with others outside their household.
More recently, Newsom has required all healthcare workers to get fully vaccinated by the end of the month. But he has not ordered a new statewide mask mandate, despite the deadly spread of the virus's delta variant.
Newsom has said his policies are driven by science, but they have helped land him in an unexpectedly competitive recall election. A Public Policy Institute of California poll released Wednesday shows that about 58% of likely voters want to keep him in office. Voters, who have been mailed ballots, have until the Sept. 14 election date to return them.
Many of Newsom's Republican rivals, including talk-radio host Larry Elder, businessman John Cox and former San Diego mayor Kevin Faulconer, are focusing their opposition on Newsom's mask and vaccine policies.
Just how much is the pandemic playing into voters' decisions? KHN reporters fanned out across the Golden State — visiting a fire evacuee camp in Placerville, outdoor malls in the Silicon Valley, Olvera Street in downtown Los Angeles and an urban park in Sacramento — to find out.
Placerville
In the Sierra Nevada foothills, many voters describe Newsom as a big-city elitist who issued pandemic mandates for the masses but played by his own rulebook.
"RECALL NEWSOM SAVE CALIFORNIA" signs line busy roads and plaster fences and storefronts in Placerville, home to about 11,000 people some 40 miles from California's capital.
Even a few evacuees from the raging Caldor Fire — whose homes and livelihoods are at stake — display anti-Newsom signs on their RVs and vans at their temporary outpost in the Walmart parking lot.
The deep anger facing Newsom in El Dorado County isn't unexpected. The area draws on Gold Rush-era independence: Several businesses flouted public health orders that required masks indoors.Bottom of Form
"Whatever edict he put out there never applied to him," said Denise Byer, 55, a volunteer at a wildfire evacuation site whose children missed nearly a year of in-person high school and competitive sports. "His own children went back to school. He's an elite. He's a hypocrite."
That was the overwhelming sentiment at two Placerville evacuation sites, where several people commented but asked not to be identified, some for fear of workplace repercussions. Newsom "sat up on high," said a county worker. The governor wants to impose broad mandates on Californians that should be up to the people, said an evacuee who, like other state workers, must be vaccinated or submit to weekly COVID tests. Newsom "has ruled like a king," chimed in an evacuee who didn't know whether his home would survive the fires.
— Samantha Young
Silicon Valley
On a sunny, late-August Sunday, Palo Alto's luxe University Avenue and San Jose's trendy Santana Row, an outdoor shopping mall, were jammed, and the broad streets have been taken over by shopping, outdoor dining and live music. Signs occasionally reminded patrons to mask up in stores, but there was little evidence of the pandemic, and even less of the impending recall election.
When it comes to the recall, there was only one answer: No. Obviously no. Have you seen who he's running against?
"I'm really frustrated that the recall is even happening. The people who are running to replace him are going to undo a lot of his work and make it a lot riskier to be in California," said Meghan Purdy, a 34-year-old product manager in Palo Alto. "I have friends in Texas, and I worry about them. I have a dad in Florida. They have horrible governors, and the fact that it could happen to us is scary."
In a small but crowded park on Santana Row, Michael Burrows, a 56-year-old database administrator, listened to a band while a coffee line snaked around the musicians.
Newsom handled the pandemic as well as he could have, Burrows said. The recall is a waste of time, and anti-maskers and anti-vaxxers are trying to tarnish Newsom's reputation on a national stage, he said.
"Nobody likes to wear a mask — I don't like to wear a mask — but it's what you have to do," Burrows said. "You have to have an adult in the room."
— Rachel Bluth
Los Angeles
The sound of salsa music lingered in the air as people wandered the cobblestone paths along Olvera Street in downtown Los Angeles. The historical Mexican marketplace was a ghost town of shuttered shops during the height of the pandemic, but now bustles with customers— most of them Latino.
Some had no idea about the recall election. Others said they favored the governor but wouldn't be able to vote because they are undocumented immigrants. Most expressed support for Newsom.
Antonio Ramos, 57, and Isabel Ceja, 48, a couple from Novato, California, were visiting family in Los Angeles on Saturday. Some of their relatives have had COVID, and they said they know what it's like to worry if they will survive.
"What he's done for the community has been beneficial," Ramos said in Spanish. "Like getting the vaccines out to everyone and the mask mandate. It's for the safety of everyone."
The couple plan to vote against the recall. "I like him because he's Catholic and does everything with transparency," Ceja added. "He isn't two-faced."
Veronica Ayón, 28, a Los Angeles mother of three, disagreed. "I think he says one thing and then does another," she said in Spanish.
Ayón isn't vaccinated but said she always wears a mask. She is breastfeeding her baby girl and fears what a vaccine could do to her. (The Centers for Disease Control and Prevention recommend pregnant and breastfeeding women get vaccinated.)
She said she will probably vote against Newsom. "He wants to make it mandatory for kids to get vaccinated at 12," said Ayón, whose eldest child is about to turn 12. "She's my daughter. It's my decision."
— Heidi de Marco
Sacramento
In Sacramento's Oak Park, a largely African American, inner-city neighborhood that is rapidly gentrifying, people don't seem motivated to vote. Anti-recall signs backing Newsom pepper grassy lawns in the city's wealthier neighborhoods, but none were visible here, though there are Black Lives Matter signs on nearly every block — a couple of them praising Dolly Parton.
Many Oak Park residents said Newsom has failed them.
"I tore up my ballot and threw it in the trash," said 52-year-old Regina Davis, who gathered with friends at a park filled with people barbecuing and jamming to music — a Sunday tradition in the neighborhood. She backed Newsom in 2018 but said she doesn't plan to vote, arguing that Newsom has prioritized wealthy Californians during the pandemic.
Others said they hadn't decided whether to vote.
"He needs to step up," said Cleo Brown, 39, who supported Newsom when he ran for governor but said she now feels let down because Newsom has not invested in day care and after-school programs that could help her and her two kids, ages 15 and 18.
Her message to Newsom: "Do something for our kids. They're still hurting from the school shutdowns."
Emma Patterson, 57, voted for Newsom in 2018 but said she has other things to worry about than the recall. "He needs us to show up for him, but Black families are struggling," Patterson said.
Her apartment burned down in July, and she's renting a room for herself and her two grandkids for $150 a week. "Voting isn't even on my mind," she said.
Allison Hansen had just gone through a breakup with her boyfriend last year when she discovered she was pregnant. She already had an 8-year-old son and did not want another child.
Hansen called the Planned Parenthood facility near her home in Savannah, Georgia, to inquire about abortion services and was told the procedure would cost $500 and require four to six hours at the clinic.
Hansen didn't have that kind of time. Her son was at home, attending school online, and needed supervision. While Googling for alternatives, she came across Carafem — a nonprofit that delivers abortion pills to a patient's home after a telemedicine visit for $375 or less.
"It just seemed almost too good to be true," Hansen recalled.
Patients like Hansen have benefited from a quiet but monumental shift in abortion access enabled by the COVID-19 pandemic. In July 2020, in response to advocates' concerns about the risks posed by in-person visits in a pandemic, a federal court placed on hold a long-standing FDA rule that required mifepristone — the first pill in a two-step regimen used in medical abortions — to be dispensed in clinics. After the Trump administration appealed that decision, the conservative-majority Supreme Court agreed to reinstate the rule, with Chief Justice John Roberts writing that courts should defer to government experts who set the rules. The Biden administration put the rule back on hold in April during the remaining public health emergency and said it is reviewing the agency's restriction.
In the meantime, telemedicine abortion operations are growing in some places, although not in such states as Texas and Alabama with strict laws designed to curb or end abortions.
A new slate of digital abortion options like Just the Pill, Hey Jane, Abortion on Demand and Choix proliferated, mailing abortion pills to patients in many states after a telemedicine visit. Carafem, which had been mailing the pills to patients in Georgia before the pandemic as part of a research project, streamlined its process for patients who are eligible for medical abortions.
These services can be a lifeline for patients who haven't hit the 10- or 11-week threshold typically used for medical abortion and who can't get to a clinic or need a less expensive choice. But reproductive health advocates worry that telemedicine abortion options don't reach the patients who need it the most because they live in states with laws that actively discourage abortions and have made in-clinic care harder to access. At the same time, these new options could be endangering brick-and-mortar clinics by siphoning away the first-trimester visits that make up more than 90% of abortions.
"If [clinics] lose a considerable amount of the clientele for first-trimester abortions, they might have to close, or some of them will," said Carole Joffe, a professor focusing on reproductive health at the University of California-San Francisco and co-author of "Obstacle Course: The Everyday Struggle to Get an Abortion in America." "Potentially, we see people needing second-trimester procedures, not to mention even later ones, with literally nowhere to go."
Many clinics, which charge higher prices to support the costs of running a building and providing security, are closing around the country amid an avalanche of state restrictions. That is especially true of independent clinics, which perform 58% of abortions, according to the Abortion Care Network, an association of independent providers. Since 2012, the number of independent abortion clinics has dropped by 34%.
Concerns about access to abortion deepened this week when a Texas law took effect banning abortions after six weeks of pregnancy and a divided Supreme Court did not block it, at least for now. The court is also scheduled to hear a case this term on Mississippi's 15-week abortion ban. If the justices allow either state law to stand, it would likely lead other states to further restrict abortion, forcing patients in many conservative states across the South, Midwest and West to travel for services or seek out overseas options like Aid Access, according to Mary Ziegler, a Florida State University law professor who focuses on legal issues surrounding reproductive health and sexuality.
"If you're in New York or California or Boston, you can get abortion pills online, you can go to a clinic — there are tons of options. Whereas if you're in a state like Alabama, you're probably going to be worried that you can't do any of those things," Ziegler said.
Carafem, which operates clinics in Georgia, Illinois, Tennessee and Maryland, began mailing abortion pills to patients in Georgia in 2019 when it joined the TelAbortion Study, an ongoing project run by the reproductive health nonprofit Gynuity that received federal permission to study the safety of telemedicine abortions. Over four years, abortion providers mailed 1,390 medication packages to patients in 13 states and Washington, D.C. Researchers reported that 95% of tracked participants had a complete abortion without a procedure. They reported 10 serious adverse events, including five cases of patients needing blood transfusions, none of which could have been avoided by an in-person visit, the researchers said. Participants made 70 unplanned visits to emergency rooms or urgent care centers.
Anti-abortion advocates, however, stress that medical abortion should require in-person exams.
"Women deserve excellent healthcare, and excellent healthcare does not involve talking to someone online," said Dr. Christina Francis, board chair of the American Association of Pro-Life Obstetricians and Gynecologists. "It involves actually being seen and being evaluated to make sure that if she's going to make this decision, she's an appropriate candidate to make this decision and she's not putting herself at severe risk by taking these medications."
Many states require in-person counseling or ultrasounds before an abortion, forcing patients to make more than one trip to a clinic. In 19 states, laws require a physician who prescribes a medical abortion to be physically present when the medication is administered.
Alabama is one of those states. "I use telemedicine all the time because I'm a full-spectrum OB-GYN," said Dr. Sanithia Williams, an abortion provider at Alabama Women's Center for Reproductive Alternatives in Huntsville. "But for the abortion portion of my practice, it just is completely nonexistent."
Even in states with relatively few abortion restrictions, patients with medical risk factors, unreliable periods, unsafe living situations or pregnancies beyond 11 weeks generally can't get care online. "There will always be a need for clinic-based healthcare," said Melissa Grant, chief operations officer of Carafem. "This is not a panacea."
On a Thursday morning in late June, Leah Coplon, a certified nurse midwife, sat down in the Augusta office of Maine Family Planning for a televisit with a patient seeking an abortion who was in her home miles away. The young patient nodded and messaged her boyfriend, telling him to go buy her menstrual pads, as Coplon ran through a detailed list of warning signs like excessive bleeding that should prompt a call to the clinic or trip to an emergency room. "This is all very rare, but I've got to tell you the scary things. That's my job," Coplon said, the blue light of the monitor reflecting off her glasses.
For uninsured patients, the out-of-pocket cost for a telemedicine visit like this is $500, about average for brick-and-mortar clinics.
Maine is among a minority of states that cover abortions under Medicaid. The state also requires private plans to cover abortion if they cover prenatal care. Yet even here, with 8% of the population uninsured, cost is the biggest barrier Coplon's patients face, she said. To meet the needs of low-income patients, clinics like hers haven't raised their out-of-pocket rates in years. If the price of abortion had kept pace with medical inflation, a procedure that cost $200 in 1974 would cost $2,686 today, according to a Bloomberg Businessweek calculation last year.
Maine Family Planning has 18 locations across the sprawling, mostly rural state. In 2014, it became one of the first clinics to launch a telehealth pilot program. When COVID struck, providers like Coplon used existing telemedicine equipment to shift to a "no-test" protocol, bypassing ultrasounds and blood tests that research shows can be safely skipped in order to minimize contact with patients.
For many patients choosing between a clinic and an online service, cost will be a deciding factor — and that concerns Dr. Jamie Phifer, founder of Abortion on Demand, which serves patients in 20 states and Washington, D.C. Like many other digital options, Phifer's service does not take insurance, but she worries her low out-of-pocket price — $239, or less than half of what a typical clinic charges — could put abortion clinics out of business.
"I am very worried that in-person clinics are already bearing the brunt of the challenges of abortion access," Phifer said. "They already have to hire security and deal with protesters, and they have been on the ground working for access for 50 years, longer than I have been around."
Phifer, who lost her job as a primary care doctor following a profile of her work on Abortion on Demand in a magazine, plans to donate 60% of the profits from her business to the Abortion Care Network to support brick-and-mortar clinics.
"I didn't want to contribute to creating a two-tiered system," Phifer said.
If you live in one of the rural communities tucked into the forested hillsides along the Oregon-California border and need serious medical care, you'll probably wind up at Asante Rogue Regional Medical Center. It serves about nine counties on either side of the border.
It is one of three hospitals Asante owns in the region. All three ICUs are 100% full of COVID patients, according to staff members.
"We've had two deaths today. So, it's a very grim, difficult time," Dr. Michael Blumhardt, medical director of the hospital's intensive care unit, said on a recent Tuesday in August. "The delta virus is passing through the region like a buzzsaw."
Unlike earlier COVID waves, he said, patients are in their 20s, 30s, 40s and 50s.
"We're seeing clusters of families being admitted. We had a father and an adult daughter admitted to the intensive care unit and he passed away. Right before, I had to put the daughter on life support," he said.
Overall, vaccination rates in many states look pretty good. Oregon and California both have vaccination rates above the national average. But zoom in on any state, and you'll see a checkerboard effect with huge differences among counties. In Oregon, around big-city Portland, two-thirds of all residents are fully vaccinated. But rural counties aren't even close to that. Jackson County, on the California border, has the largest number of unvaccinated individuals in Oregon. That's pushing hospitals to their limits.
Blumhardt blames the current surge on the delta variant, but also a widespread rejection of the vaccine.
"This is far more severe for this region than the prior COVID waves," he said.
Inside the Asante ICU, Chelsea Orr, a registered nurse, closely monitors patients, "just trying to keep people alive," she said. "We're taking care of a lot of ventilated patients here that are super sick."
What feels different about this stage of the pandemic, she said, is the incredible loss of life: "We're working harder than we've ever worked before and still losing."
Down the hallway, Justin McCoy waited outside another patient's isolation room. "I've been an ICU nurse for 10 years. I've never seen anything like this," McCoy said. "It's really terrible seeing these patients who can't breathe. That is a very difficult thing to watch. It's really terrifying for them, and it's really difficult for us to see day in and day out."
Blumhardt said the vast majority of their COVID patients are unvaccinated.
"We admit nine unvaccinated to every one vaccinated individual. So clearly the vaccine is protecting against hospital admission," he said.
Jackson County has been seeing record numbers of new COVID infections. Within weeks, many of those people may need hospital care — and a new forecast from Oregon Health & Science University predicts that by Labor Day the state will face a shortfall of 400 to 500 staffed hospital beds.
Blumhardt said smaller hospitals in Oregon are trying to transfer their sickest patients to Asante, but so far they've had to decline around 200 people because of lack of space.
Even though Asante has already postponed some surgeries, staffers are simply worn out, said emergency room physician Dr. Courtney Wilson.
"I think people are frustrated," Wilson said. "It feels discouraging that we have had a vaccine available for a really long time in this community and we have a really low vaccination rate here."
Oregon Democratic Gov. Kate Brown recently sent National Guard troops to overwhelmed counties, to help with nonmedical tasks, including about 150 soldiers to southern Oregon. Medical leaders at Asante and another local hospital system, Providence, have asked for the state to set up a 300-bed field hospital.
"I don't know how we're going to get everybody taken care of. That's the bottom line. We're all hands on deck at every level of the organization," Blumhardt said.
Residents of Jackson County are starting to respond to the crisis. The rate of new vaccinations here has grown to about twice that of the Portland area. But thousands of people still need to be vaccinated to catch up.
If you live in one state, does it matter that the doctor treating you online is in another? Surprisingly, the answer is yes, and the ability to conduct certain virtual appointments may be nearing an end.
Televisits for medical care took off during the worst days of the pandemic, quickly becoming commonplace. Most states and the Centers for Medicare & Medicaid Services temporarily waived rules requiring licensed clinicians to hold a valid license in the state where their patient is located. Those restrictions don't keep patients from visiting doctors' offices in other states, but problems could arise if those same patients used telemedicine.
Now states are rolling back many of those pandemic workarounds.
Johns Hopkins Medicine in Baltimore, for example, recently scrambled to notify more than 1,000 Virginia patients that their telehealth appointments were "no longer feasible," said Dr. Brian Hasselfeld, medical director of digital health and telemedicine at Johns Hopkins. Virginia is among the states where the emergency orders are expiring or being rolled back.
At least 17 states still have waivers in effect, according to a tracker maintained by the Alliance for Connected Care, a lobbying group representing insurers, tech companies and pharmacies.
As those rules end, "it risks increasing barriers" to care, said Hasselfeld. Johns Hopkins, he added, hosted more than 1 million televisits, serving more than 330,000 unique patients, since the pandemic began. About 10% of those visits were from states where Johns Hopkins does not operate facilities.
The rollbacks come amid a longer and larger debate over states' authority around medical licensing that the pandemic — with its widespread adoption of telehealth services — has put front and center.
"Consumers don't know about these regulations, but if you all of a sudden pull the rug out from these services, you will definitely see a consumer backlash," said Dr. Harry Greenspun, chief medical officer for the consultancy Guidehouse.
Still, finding a way forward pits high-powered stakeholders against one another, and consumers' input is likely to be muted.
State medical boards don't want to cede authority, saying their power to license and discipline medical professionals boosts patient safety. Licensing is also a source of state revenue.
Providers have long been split on whether to change cross-state licensing rules. Different state requirements — along with fees — make it cumbersome and expensive for doctors, nurses and other clinicians to get licenses in multiple states, leading to calls for more flexibility. Even so, those efforts have faced pushback from within the profession, with opposition from other clinicians who fear the added competition that could come from telehealth could lead to losing patients or jobs.
"As with most things in medicine, it's a bottom-line issue. The reason telehealth has been blocked across state lines for many years related fundamentally to physicians wanting to protect their own practices," said Greenspun.
But the pandemic changed the equation.
Even though the initial spike in telehealth visits has eased, utilization remains 38 times higher than before the pandemic, attracting not only patients, but also venture capitalists seeking to join the hot business opportunity, according to a report from consulting firm McKinsey and Co.
Patients' experience with televisits coupled with the growing interest by investors is focusing attention on this formerly inside-baseball issue of cross-state licensing.
Greenspun predicts consumers will ultimately drive the solution by "voting with their wallets," aided by giant, consumer-focused retailers like Amazon and Walmart, both of which in recent months made forays into telemedicine.
In the short term, however, the focus is on both the protections and the barriers state regulations create.
"The whole challenge is to ensure maximum access to health while assuring quality," said Barak Richman, a Duke University law professor, who said laws and policies haven't been updated to reflect new technological realities partly because state boards want to hang onto their authority.
Patients and their doctors are getting creative, with some consumers simply driving across state lines, then making a Zoom call from their vehicle.
"It's not ideal, but some patients say they are willing to drive a mile or two and sit in a parking lot in a private space and continue to get my care," said Dr. Shabana Khan, director of telepsychiatry at NYU Langone Health's department of child and adolescent psychiatry and a member of the American Psychiatric Association's Telepsychiatry Committee. She and other practitioners ask their patients about their locations, mainly for safety reasons, but also to check that they are in-state.
Still, for some patients, driving to another state for an in-person or even a virtual appointment is not an option.
Khan worries about people whose care is interrupted by the changes, especially those reluctant to seek out new therapists or who cannot find any clinicians taking new patients.
Austin Smith hopes that doesn't happen to him.
After initial treatment for what he calls a "weird flavor of cancer" didn't help reduce his gastrointestinal stromal tumors, he searched out other experts, landing in a clinical trial. But it was in San Diego and the 28-year-old salesman lives in Phoenix.
Although he drives more than five hours each way every couple of months for treatment and to see his doctors, he does much of his other follow-up online. The only difference is "if I was in person, and I said I was hurting here, the doctor could poke me," he said.
And if the rules change? He'll make the drive. "I'll do anything to beat this," he said of his cancer.
But will doctors, whose patients have spent the past year or more growing comfortable with virtual visits, also be willing to take steps that could likely involve extra costs and red tape?
To get additional licenses, for instance, practitioners must submit applications in every state where their patients reside, each of which can take weeks or months to process. They must pay application fees and keep up with a range of requirements such as continuing education, which vary by state.
States say their traditional role as overseer ensures that all applicants meet educational requirements and pass background checks. They also investigate complaints and argue there's an advantage to keeping local officials in charge.
"It's closer to home," said Lisa Robin, chief advocacy officer with the Federation of State Medical Boards. "There's a remedy for residents of the state with their own state officials."
Doctor groups such as the American Medical Association agree.
Allowing a change that doesn't put centralized authority in a patient's home state would raise "serious enforcement issues as states do not have interstate policing authority and cannot investigate incidents that happen in another state," said then-AMA President-elect Jack Resneck during a congressional hearing in March.
But others want more flexibility and say it can be done safely.
Hasselfeld, at Johns Hopkins, said there is precedent for easing multistate licensing requirements. The Department of Veterans Affairs, for example, allows medical staffers who are properly licensed in at least one state to treat patients in any VA facility.
The Alliance for Connected Care and other advocates are pushing states to extend their pandemic rules. A few have done so. Arizona, for example, made permanent the rules allowing out-of-state medical providers to practice telemedicine for Arizona residents, as long as they register with the state and their home-state license is in good standing. Connecticut's similar rules have now been stretched until June 2023.
The alliance and others also back legislation stalled in Congress that would temporarily allow medical professionals licensed in one state to treat — either in person or via televisits — patients in any other state.
Because such fixes are controversial, voluntary interstate pacts have gained attention. Several already exist: one each for nurses, doctors, physical therapists and psychologists. Proponents say they are a simple way to ensure state boards retain authority and high standards, while making it easier for licensed medical professionals to expand their geographic range.
The nurses' compact, enacted by 37 states and Guam, allows registered nurses with a valid license in one state to have it recognized by all the others in the pact.
A different kind of model is the Interstate Physician Licensure Compact, which has been enacted by 33 states, plus the District of Columbia and Guam, and has issued more than 21,000 licenses since it began in 2017, said Robin, of the Federation of State Medical Boards.
While it speeds the paperwork process, it does not eliminate the cost of applying for licenses in each state.
The compact simplifies the process by having the applicant physician's home state confirm his or her eligibility and perform a criminal background check. If the applicant is eligible, the home state sends a letter of qualification to the new state, which then issues a license, Robin said. Physicians must meet all rules and laws in each state, such as requirements for continuing medical education. Additionally, they cannot have a history of disciplinary actions or currently be under investigation.
"It's a fairly high bar," said Robin.
Such compacts — especially if they are bolstered by new legislation at the federal level — could help the advances in telehealth made during the pandemic stick around for good, expanding access to care for both mental health services and medical care across the U.S. "What's at stake if we get this right," said Richman at Duke, "is making sure we have an innovative marketplace that fully uses virtual technology and a regulatory system that encourages competition and quality."
In the rural northeastern corner of Missouri, Scotland County Hospital has been so low on staff that it sometimes had to turn away patients amid a surge in COVID-19 cases.
The national COVID staffing crunch means CEO Dr. Randy Tobler has hired more travel nurses to fill the gaps. And the prices are steep — what he called "crazy" rates of $200 an hour or more, which Tobler said his small rural hospital cannot afford.
A little over 60% of his staff is fully vaccinated. Even as COVID cases rise, though, a vaccine mandate is out of the question.
"If that becomes our differential advantage, we probably won't have one until we're forced to have one," Tobler said. "Maybe that's the thing that will keep nurses here."
As of Thursday, about 39% of U.S. hospitals had announced vaccine mandates, said Colin Milligan, a spokesperson for the American Hospital Association. Across Missouri and the nation, hospitals are weighing more than patient and caregiver health in deciding whether to mandate COVID vaccines for staffers.
The market for healthcare labor, strained by more than a year and a half of coping with the pandemic, continues to be pinched. While urban hospitals with deeper pockets for shoring up staff have implemented vaccine mandates, and may even use them as a selling point to recruit staffers and patients, their rural and regional counterparts are left with hard choices as cases surge again.
"Obviously, it's going to be a real challenge for these small, rural hospitals to mandate a vaccine when they're already facing such significant workforce shortages," said Alan Morgan, head of the National Rural Health Association.
Without vaccine mandates, this could lead to a desperate cycle: Areas with fewer vaccinated residents likely have fewer vaccinated hospital workers, too, making them more likely to be hard hit by the delta variant sweeping America. In the short term, mandates might drive away some workers. But the surge could also squeeze the hospital workforce further as patients flood in and staffers take sick days.
Rural COVID mortality rates were almost 70% higher on average than urban ones for the week ending Aug. 15, according to the Rural Policy Research Institute.
Despite the scientific knowledge that COVID vaccinations sharply lower the risk of infection, hospitalization and death, the lack of a vaccine mandate can serve as a hospital recruiting tool. In Nebraska, the state veterans affairs' agency prominently displays the lack of a vaccine requirement for nurses on its job site, The Associated Press reported.
It all comes back to workforce shortages, especially in more vaccine-hesitant communities, said Jacy Warrell, executive director of the Rural Health Association of Tennessee. She pointed out that some regional healthcare systems don't qualify for staffing assistance from the National Guard as they have fewer than 200 beds. A potential vaccine mandate further endangers their staffing numbers, she said.
"They're going to have to think twice about it," Warrell said. "They're going to have to weigh the risk and benefit there."
The mandates are having ripple effects throughout the healthcare industry. The federal government has mandated that all nursing homes require COVID vaccinations or risk losing Medicare and Medicaid reimbursements, and industry groups have warned that workers may jump to other healthcare settings. Meanwhile, Montana has banned vaccine mandates altogether, and the Montana Hospital Association has gotten one call from a healthcare worker interested in working in the state because of it, said spokesperson Katy Peterson.
It's not just nurses at stake with vaccine mandates. Respiratory techs, nursing assistants, food service employees, billing staff and other healthcare workers are already in short supply. According to the latest KFF/The Washington Post Frontline Healthcare Workers Survey, released in April, at least one-third of healthcare workers who assist with patient care and administrative tasks have considered leaving the workforce.
The combination of burnout and added stress of people leaving their jobs has worn down the healthcare workers the public often forgets about, said interventional radiology tech Joseph Brown, who works at Sutter Roseville Medical Center outside Sacramento, California.
This has a domino effect, Brown said: More of his co-workers are going on stress and medical leave as their numbers dwindle and while hospitals run out of beds. He said nurses' aides already doing backbreaking work are suddenly forced to care for more patients.
"Explain to me how you get 15 people up to a toilet, do the vitals, change the beds, provide the care you're supposed to provide for 15 people in an eight-hour shift and not injure yourself," he said.
In Missouri, Tobler said his wife, Heliene, is training to be a volunteer certified medical assistant to help fill the gap in the hospital's rural health clinic.
Tobler is waiting to see if the larger St. Louis hospitals lose staff in the coming weeks as their vaccine mandates go into effect, and what impact that could have throughout the state.
In the hard-hit southwestern corner of Missouri, CoxHealth president and CEO Steve Edwards said his health system headquartered in Springfield is upping its minimum wage to $15.25 an hour to compete for workers.
While the estimated $25 million price tag of such a salary boost will take away about half the hospital system's bottom line, Edwards said, the investment is necessary to keep up with the competitive labor market and cushion the blow of the potential loss of staffers to the hospital's upcoming Oct. 15 vaccine mandate.
"We're asking people to take bedpans and work all night and do really difficult work and maybe put themselves in harm's way," he said. "It seems like a much harder job than some of these 9-to-5 jobs in an Amazon distribution center."
Two of his employees died from COVID. In July alone, Edwards said 500 staffers were out, predominantly due to the virus. The vaccine mandate could keep that from happening, Edwards said.
"You may have the finest neurosurgeon, but if you don't have a registration person everything stops," he said. "We're all interdependent on each other."
But California's Brown, who is vaccinated, said he worries about his colleagues who may lose their jobs because they are unwilling to comply with vaccine mandates.
California has mandated that healthcare workers complete their COVID vaccination shots by the end of September. The state is already seeing traveling nurses turn down assignments there because they do not want to be vaccinated, CalMatters reported.
Since the mandate applies statewide, workers cannot go work at another hospital without vaccine requirements nearby. Brown is frustrated that hospital administrators and lawmakers, who have "zero COVID exposure," are the ones making those decisions.
"Hospitals across the country posted signs that said 'Healthcare heroes work here.' Where is the reward for our heroes?" he asked. "Right now, the hospitals are telling us the reward for the heroes: 'If you don't get the vaccine, you're fired.'"
After a decade of living with chronic kidney disease, Vonita McGee knows her body is wearing out.
At 63, McGee undergoes dialysis sessions three times each week at a Northwest Kidney Centers site near her Burien, Washington, home to rid her blood of waste and water. She has endured the placement of more than a dozen ports, or access sites, in her arms and chest as sites became scarred and unusable. Late last month, doctors performed surgery to install yet another port near her left elbow, but no one is certain it will hold.
"Because of scar tissue, I was told this is my last viable access," she said.
Without ongoing dialysis, McGee knows she could face death within days or weeks. But, unlike many of the nearly 500,000 U.S. patients who require dialysis, McGee said she's had help making peace with the process.
"I know that things are coming," she said. "I'm in awe of death, but I'm not afraid of it anymore."
That's largely attributed to a novel effort in Washington state that embeds palliative care within a kidney center whose clinics treat patients living with kidney disease; and then later pair dying patients with hospice care without forcing them to forgo the comfort that dialysis may still provide.
Traditional hospice services require kidney patients to abandon dialysis, a decision that hastens death, and almost inevitably comes with acute symptoms, including muscle spasms and nausea.
McGee is one of 400 patients enrolled since 2019 in a first-in-the-nation palliative care program housed at Northwest Kidney Centers, a Seattle-based operation with clinics throughout the region. The organization founded the first dialysis center in the U.S. — and the world — nearly 50 years ago.
Chronic kidney disease, or CKD, encompasses five stages, from mild damage in the organs' functioning in stage 1 to complete kidney failure in stage 5. Most patients start preparing for dialysis — and kidney failure — in stage 4. Dialysis does not cure kidney failure. The only other option for treatment is an organ transplant.
Dialysis patients typically face distressing physical, emotional and spiritual symptoms throughout their treatment, ranging from pain, shortness of breath and intense itching to depression and panic. The symptoms can grow dire as years pass.
But only a fraction of those patients, 4% or fewer, ever receive specialized palliative care that can effectively target those issues, said Dr. Daniel Lam, the University of Washington nephrologist and palliative care expert who launched the program with the help of a two-year, $180,000 grant from the Cambia Health Foundation. Attention to palliative care in nephrology has lagged behind its use for advanced cancer, for instance.
That's especially true for Black patients and other minorities, who are disproportionately more likely than white patients to require dialysis, but far less likely to receive quality palliative or end-of-life care.
"We're trying to address this current and projected gap," Lam said. "What we are doing is asking people how do they want to live their lives and what's most important to them."
If McGee's condition deteriorates to the point that she has a prognosis of six months or less to live, she will then be a candidate for a related partnership between the kidney center and the nonprofit Providence Hospice of Seattle, which would allow her to continue to receive dialysis even after hospice care begins.
While the goal of both hospice and palliative care is pain and symptom relief, hospice has traditionally been regarded as comfort care without the intent to treat or cure the primary disease. The nuance with dialysis is that it is central to keeping a kidney patient's body functioning; discontinuing it abruptly results in death within days.
"The goal of this program is to provide kind of a smooth off-ramp from curative dialysis to the end of their lives," said Mackenzie "Mack" Daniek, who co-directs the hospice.
Most dialysis patients face a harrowing choice between continuing dialysis or receiving hospice services. That's because the Medicare hospice benefit, which took effect in 1983, provides palliative care and support for terminally ill patients who have six months or less to live — and who agree to forgo curative or life-prolonging care.
That rigid requirement could change in the future. The Centers for Medicare & Medicaid Services has approved an experimental model that will allow concurrent care for some patients starting next year. But, for now, Medicare will not simultaneously pay for dialysis and hospice care for patients with a terminal diagnosis of kidney failure.
Hospices receive a daily per-patient rate from Medicare, typically $200 or less, and must use it to cover all services related to the terminal diagnosis. Dialysis can easily cost $250 a session, which means only the largest hospices, those with 500 or more patients, can absorb the costs of providing concurrent care. Only about 1% of the more than 4,500 hospices in the U.S. meet that mark.
The result? About a quarter of dialysis patients receive hospice care, compared with about half of the general Medicare population. And their median time spent in hospice care is about five days compared with more than 17 days for the general population. This means that dialysis patients often receive aggressive medical treatment until the very end of life, missing out on the comfort of targeted end-of-life care.
"What's happened through the years is when a dialysis patient is ready to stop treatment, that's when they come to hospice," said Dr. Keith Lagnese, chief medical officer of the University of Pittsburgh Medical Center Family Hospice. "They're forced to draw that line in the sand. Like many things in life, it's not easy to do."
Lagnese said the Seattle program is among the first in the U.S. to address palliative and hospice care among dialysis patients. His UPMC program, which has experimented with concurrent care, allows patients up to 10 dialysis treatments after they enter hospice care.
In the Washington state program, there's no limit on the number of sessions a patient can receive. That helps ease the patient into the new arrangement, instead of abruptly halting the treatment they've been receiving, often for years.
"If they're faced with immediately stopping, they feel like they're falling off of a cliff," said Lam, the program's founder.
In McGee's case, she's had the benefit of palliative care for three years to help negotiate the daily struggles that come with dialysis. The care focuses on relieving the physical side effects, and emotional symptoms such as depression and anxiety. It also addresses spiritual needs, which McGee said has helped augment the comfort she finds as a member of the Baha'i religious faith.
"They provide mental support, and they inform you what you need to do to do things properly, and they're your liaisons," McGee said. "Basically, I was just living before without knowing the information."
When she considers her degenerating medical condition and the possibility that it will become too difficult, even impossible, to continue dialysis long term, she said she welcomes the option to ease into the final stage of her life.
"Do I feel scared? At one point, I did," McGee said. "But they are assuring me that my rights will be honored, they will be advocates for me when it happens. By having that support, it gives me my time to live."
Medicaid enrollees are getting vaccinated against COVID-19 at far lower rates than the general population as states search for the best strategies to improve access to the shots and persuade those who remain hesitant.
Efforts by state Medicaid agencies and the private health plans that most states pay to cover their low-income residents has been scattershot and hampered by a lack of access to state data about which members are immunized. The problems reflect the decentralized nature of the health program, funded largely by the federal government but managed by the states.
It also points to the difficulty in getting the message to Medicaid populations about the importance of the COVID vaccines and challenges they face getting care.
"These are some of the hardest-to-reach populations and those often last in line for medical care," said Craig Kennedy, CEO of Medicaid Health Plans of America, a trade group. Medicaid enrollees often face hurdles accessing vaccines, including worries about taking time off work or finding transportation, he said.
In California, 49% of enrollees age 12 and older in Medi-Cal (the name of Medicaid in California) are at least partly vaccinated, compared with 74% for Californians overall.
Unlike some other large states, such as Texas and Pennsylvania, California provides its Medicaid plans with information from vaccine registries, which can help them target unvaccinated enrollees. But still, the rate of immunizations lags far behind that of the general population.
According to detailed reports showing vaccination rates by county and by health plan, rates around the state vary dramatically. In Silicon Valley's Santa Clara County, 63% of Medi-Cal members have been vaccinated, versus 38% in neighboring Stanislaus County. California health plans are working with community groups to knock on doors in neighborhoods with low vaccination rates and providing shots on the spot.
This fall, California — which has the nation's largest Medicaid program, with nearly 14 million people — will offer its Medi-Cal health plans $250 million in incentives to vaccinate members. The state is also putting up $100 million for gift cards limited to $50 for each enrollee.
In other states — such as Kentucky and Ohio — health plans are giving $100 gift cards to members when they get vaccinated.
While more than 202 million Americans are at least partly vaccinated against COVID, nearly 30% of people 12 and older remain unvaccinated. Surveys show poor people are less likely to get a shot.
More than two-thirds of Medicaid beneficiaries across the country are covered by a private health plan. States pay a monthly fee to the plan for each member to handle medical needs and preventive care.
Nationally, about 70% of Medicaid enrollees are at least 12 years old and eligible for the vaccines, according to a KFF analysis.
State Medicaid programs that can track their progress show modest results:
In Florida, 34% of Medicaid recipients are at least partly vaccinated, compared with 67% for all residents 12 and older.
In Utah, 43% of Medicaid recipients are at least partly vaccinated, compared with 68% statewide.
In Louisiana, 26% of Medicaid enrollees are at least partly vaccinated, compared with 59% for the state population.
In Washington, D.C., 41% of Medicaid enrollees are at least partly vaccinated, compared with 76% of all residents.
"We know how we are doing, and it's not great," said Dr. Pamela Riley, medical director of the D.C. Department of Healthcare Finance, which oversees Medicaid.
Hemi Tewarson, executive director of the National Academy for State Health Policy, said she "had hoped there would not be this much of a disparity, but clearly there is."
Medicaid agencies in several states, including Pennsylvania, Missouri, New Jersey and Texas, said they lack complete data on vaccination rates and don't have access to state registries showing who has been immunized. Health experts say that, without that data, the Medicaid vaccine campaigns are virtually flying blind.
"Having data is step one in knowing who to reach out to and who to call and who to have doctors and pediatricians help out with," said Julia Raifman, assistant professor of health law, policy and management at Boston University.
For years, Medicaid programs have worked with providers to improve vaccination rates among children and adults. But now, Medicaid officials need more direction from the federal government to set up "a more clear and focused and effective approach" to control COVID, Raifman said.
Chiquita Brooks-LaSure, the administrator of the Centers for Medicare & Medicaid Services, said the federal government is giving extra funding to state Medicaid programs to encourage COVID vaccinations. "We're also encouraging states to remind people enrolled in their state Medicaid plans that vaccines are free, safe, and effective," she said in a statement to KHN. Kennedy, of Medicaid Health Plans of America, said the job of getting shots to Medicaid enrollees is harder when states don't share immunization data.
"We need access to the state immunization registries so we can make informed decisions to get those unvaccinated people vaccinated and identify those doing a great job, but it all starts with data sharing," he said.
Medicaid agencies' claims data doesn't account for the many enrollees who get vaccinated at federal immunization sites and other places that don't require insurance information.
California Medicaid officials said they can track enrollee vaccination by linking to the state Department of Public Health's immunization registry, which captures residents' inoculations regardless of where they occur in the state.
Data as of Aug. 8 shows rural Lassen County in northeastern California with the lowest vaccination rate among Medi-Cal enrollees, at 21%, and San Francisco with the highest, at 67%.
Medicaid enrollees' vaccination rates fall short even compared with those of other people in the same county. In San Diego County, for example, 91% of residents are at least partially vaccinated, compared with 51% of Medicaid recipients.
Jana Eubank, executive director of the Texas Association of Community Health Centers, said her clinics would be grateful to know which Medicaid recipients are vaccinated to better target immunization campaigns. Having the data would also help providers make sure people get an additional dose, often called a booster, being recommended this fall.
"We have a pretty good sense, but it would be great to have more detail, as that would allow us to be more focused with our finite resources," Eubank said.
Pennsylvania's Department of Human Services, which oversees Medicaid, said it requested vaccine registry data from the state health department in the spring but hasn't received it. A health department spokesperson said her agency was working through legal issues to safeguard the registry's personal health data.
"Getting accurate, comprehensive vaccination data for our Medicaid recipients is a priority, but we cannot do so based off claims and ad hoc data alone," said Ali Fogarty, a Pennsylvania Medicaid spokesperson.
Dr. David Kelley, chief medical officer of the state's Medicaid program, said the lack of immunization data hasn't slowed the agency's vaccination work: "We are continuing full steam ahead to get folks immunized."
AmeriHealth Caritas, which operates Medicaid health plans in Pennsylvania, Florida and six other states and the District of Columbia, has about 25% of its Medicaid enrollees vaccinated, said Dr. Andrea Gelzer, senior vice president of medical affairs.
AmeriHealth is working with its doctors and community organizations to support vaccine clinics. It has offered free transportation and made vaccines available to homebound enrollees.
In Louisiana, the Medicaid program has offered bonuses to five health plans to spur vaccines. But so far only one, Aetna, has qualified.
Louisiana Medicaid is paying Aetna $286,000 for improving its vaccination rates by 20 percentage points from May to August, state and health plan officials said. Aetna had at least partly vaccinated 36% of its enrollees as of Aug. 16.
John Baackes, CEO of L.A. Care Health Plan, said he remains skeptical about paying people to get their shots and said it could upset enrollees who already have been vaccinated and won't qualify for cash or a gift card. "We don't think gift cards are going to move the needle very much," he said.
As part of its strategy to increase vaccinations, the health plan has called members at high risk of COVID complications to get them into walk-up or drive-thru immunization sites and helped homebound members get shots where they live. About half the plan's eligible enrollees have received at least one dose.
Richard Sanchez, CEO of CalOptima, the Medicaid health plan in Orange County, California, said offering $25 Subway gift cards helped increase vaccinations among members living at homeless shelters.
As of mid-August, about 56% of its eligible enrollees were at least partly vaccinated. "We are not where we should be, and the nation is not where it should be," Sanchez said.
Two state government websites in Georgia recently stopped posting updates on COVID-19 cases in prisons and long-term care facilities, just as the dangerous delta variant was taking hold.
Data has been disappearing recently in other states as well.
Florida, for example, now reports COVID cases, deaths and hospitalizations once a week, instead of daily, as before.
Both states, along with the rest of the South, are battling high infection rates.
Public health experts are voicing concern about the pullback of COVID information. Dr. Georges Benjamin, executive director of the American Public Health Association, called the trend "not good for government and the public" because it gives the appearance of governments "hiding stuff."
A month ago, the Georgia agency that runs state prisons stopped giving public updates on the number of new COVID cases among inmates and staff members. The Department of Corrections, in explaining this decision, cited its successful vaccination rates and "a declining number of COVID-19 cases among staff and inmates."
Now, a month later, Georgia has among the highest COVID infection rates in the U.S. — along with one of the lowest vaccination rates. But the corrections department hasn't resumed posting case data on its website.
When asked by KHN about the COVID situation in prisons, department spokesperson Joan Heath said Monday that it currently has 308 active cases among inmates.
"We will make a determination whether to begin reposting the daily COVID dashboard over the next few weeks, if the current statewide surge is sustained," Heath said.
Another state website, run by the Department of Public Health, no longer links to a listing of the number of COVID cases among residents and staffers of nursing homes and other long-term care residences by facility. The data grid, launched early in the pandemic, gave a running total of long-term care cases and deaths from the virus.
Asked about the lack of online information, public health officials directed a reporter to another agency, the Department of Community Health, which explained that COVID information on nursing homes could be found on a federal health website. But locating and navigating that link can be difficult.
"Residents and families cannot easily find this information," said Melanie McNeil, the state's long-term care ombudsman. "It used to be easily accessible."
Georgia gives updates on overall numbers of COVID cases, hospitalizations and deaths in the state five days a week but has recently stopped its weekend COVID reporting.
Other states also have cut back their public case reporting, despite the nation being engulfed in a fourth, delta-driven COVID surge.
Florida had issued daily reports on cases, deaths and hospitalizations until the rate of positive test results dropped in June. Even when caseloads soared in July and August, the state stuck with weekly reporting.
Florida has been accused of being less than transparent with COVID health data. Newspapers have sued or threatened to sue the state several times for medical examiner reports, long-term care data, prison data and weekly COVID reports the state received from the White House.
Florida Agriculture Commissioner Nikki Fried, a Democrat running for governor in 2022, has repeatedly questioned Republican Gov. Ron DeSantis' decision to delay the release of public data on COVID cases and has called for restoring daily reporting of COVID data.
Nebraska discontinued its daily COVID dashboard June 30, then recently resumed reporting, but only weekly. Iowa also reports weekly; Michigan, three days a week.
Public health experts said full information is vital for a public dealing with an emergency such as the pandemic — similar to the government reports needed during a hurricane.
"All the public health things we do are dependent on trust and transparency," Benjamin said.
A government, when removing public data, should provide a link redirecting people to where they can get that data, he said. And if a state doesn't have enough staff members to provide regular data, he said, that argues for investment in staff and technology.
People in prisons and long-term care facilities, living in close quarters indoors, are especially vulnerable to infectious diseases such as COVID.
"They are usually hotbeds of disease," said Amber Schmidtke, a microbiologist who tracks COVID in Georgia. Family members "want to know what's going on in there."
Prison data has been removed or reduced in several states, according to the UCLA School of Law's COVID Behind Bars Data Project, which tracks the spread of COVID in prisons, jails and detention facilities.
The group said Alaska provides only monthly updates on COVID cases in such facilities, while Florida stopped reporting new data in June.
When Georgia stopped reporting on COVID in prisons, the project found, only 24% of employees reported being vaccinated. Prison workers can spread the virus inside the facilities and then in their homes and the community.
The group reports that at least 93 incarcerated people and four staffers have died of COVID in Georgia and that the state has the second-highest case fatality rate, or percentage of those with reported infections who die, among all state and federal prison systems.
"Right now, if there was a massive outbreak in prisons, there would be no way to know it," said Hope Johnson of the COVID Behind Bars Data Project.
Recent Facebook posts point to cases at Smith State Prison in southeastern Georgia.
Heath, when asked about cases there, said Tuesday that the prison has 19 active COVID cases and its transitional center has one.
Mayor Bernie Weaver of Glennville, the Tattnall County town where the prison is located, said he hasn't been told about recent COVID cases at the prison. But he noted that Tattnall itself has had a spike in cases. The county has a 26% vaccination rate, among the lowest in the state.
KHN senior correspondent Phil Galewitz contributed to this report.
For years, Ely Bair dealt with migraine headaches, jaw pain and high blood pressure, until a dentist recommended surgery to realign his jaw to get to the root of his health problems.
Do you have an exorbitant or baffling medical bill? Join the KHN and NPR 'Bill of the Month' Club and tell us about your experience. We'll feature a new one each month.
The fix would involve two surgeries over a couple of years and wearing braces on his teeth before and in between the procedures.
Bair had the first surgery, on his upper jaw, in 2018 at Swedish Medical Center, First Hill Campus in Seattle. The surgery was covered by his Premera Blue Cross plan, and Bair's out-of-pocket hospital expense was $3,000.
He changed jobs in 2019 but still had Premera health insurance. In 2020, he had the planned surgery on his lower jaw at the same hospital where he'd been treated the first time. The surgery went well, and he spent one night in the hospital before being discharged. He was healing well and beginning to see the benefits of the surgeries.
Then the bill arrived.
The Patient: Ely Bair, 35, a quality assurance analyst. He has a Premera Blue Cross health plan through his job at a biotech firm in Seattle.
Total Bill: Swedish Medical Center billed Bair $27,119 for the second surgery in July 2020. This was Bair's share of the negotiated rate, after the hospital took $14,310 off the charge. His insurer paid $5,000. Bair owed additional bills to the surgeon and the anesthesiologist.
Service Provider:Swedish First Hill Campus in Seattle, part of the largest nonprofit health system in the Seattle area, which is affiliated with Providence, a major Catholic healthcare network.
What Gives: Bair hit two maddening health system pitfalls here: He expected his new plan to behave like his previous one from the same insurer — and he expected his mouth to be treated like the rest of his body. Neither commonsense notion appears true in America's health system.
Typically, large companies, such as Bair's employers, "self insure," meaning they pay their workers' health costs but use insurance companies to maintain provider networks and handle claims. When Bair changed jobs, his insurance coverage changed even though both employers used Premera. Bair paid $3,000 for his first surgery because that was the out-of-pocket maximum under his plan from his previous employer, which covered oral and maxillofacial surgery.
Bair expected that using the same hospital and the same insurance carrier would mean his costs would be similar for part two of his treatment. Bair's oral and maxillofacial surgeon — the same doctor who performed the first procedure — checked Bair's benefits through his insurer's online portal and thought it would be covered. Premera also sent his doctor confirmation agreeing that the second procedure was medically necessary.
About three months after the surgery, Bair was shocked to get the large hospital bill — about $24,000 higher than he expected.
When he called Premera, he learned his new plan had a $5,000 lifetime limit on coverage for the reconstructive jaw procedure known as orthognathic surgery, which is sometimes regarded as a dental rather than a medical intervention. His doctor said that information was not noted in Bair's benefits when the practice reviewed them through an online portal. Premera told Bair he should have known about the limit because it was listed in his detailed, hard-copy, 86-page member-benefit booklet.
The Affordable Care Act in 2014 eliminated lifetime and annual caps on insurance coverage for categories of treatment such as prescription drugs, laboratory services and mental healthcare. While the ACA lists broad categories about what is considered an "essential health benefit," each state decides which services are included in each category and the scope or duration that must be offered. Bariatric surgery, physical therapy and abortion are examples of care for which insurance coverage can vary a lot by state under this ACA provision. Orthognathic surgery is not considered an essential health benefit in Washington. It is sometimes performed for cosmetic purposes only. Also, plans sometimes regard the surgery as part of orthodontia — which frequently involves limits on coverage. But for Bair, it was a clear medical necessity.
Without an ACA requirement for orthognathic surgery, Premera and self-insured plans are allowed to provide various levels of benefits and can impose annual and lifetime caps.
Premera spokesperson Courtney Wallace said Bair transferred from a plan with his former company that did not have a lifetime maximum to a plan with a $5,000 lifetime maximum benefit.
Martine Brousse, a patient advocate and owner of AdvimedPro, which helps patients with healthcare billing disputes, said Bair acted appropriately by using a doctor and hospital in his health plan's network and checking with his doctor about his insurance coverage.
She said Swedish should have told him before the surgery — which was planned weeks ahead of time — how much he would have to pay. "That is a failure on part of the hospital," she said.
Sabrina Corlette, co-director of the Georgetown University Center on Health Insurance Reforms, said it doesn't seem fair that his first employer covered the cost of his surgery but the second employer did not. She said the $27,000 bill seemed excessive and the $5,000 lifetime limit very low. "Essential health benefits serve a really important function, and when there are gaps or holes people can really get hurt," she said.
Resolution: Bair's doctor told him the hospital charge was at least three times the amount Swedish charges uninsured patients for the same surgery. Bair said Swedish offered to let him pay the bill over two years but did not make any other concessions.
Swedish would not say why it did not verify Bair's insurance benefits before the surgery or let him know he would face an enormous bill even though he was insured.
"Hospital pricing is complex and nuanced," Swedish officials said in a statement. Bair's bill "was inclusive of all the care he received, which included specialized services and expertise, equipment and the operating room time. He had a jaw procedure that had a maximum benefit from his insurer of $5,000. He was billed the balance not covered by his insurer."
The hospital system said it also has an online tool that generates estimates tailored to patients' coverage and choice of hospital.
The online tool did not come up with anything on the term "orthognathic surgery," however.
Bair appealed three times to Premera to reconsider its decision to cover only $5,000 of the cost of his procedure. But the insurer rejected each one saying he had exhausted his lifetime orthognathic surgery benefit and he was responsible for any additional care. When Swedish wouldn't lower his cost, he filed a complaint in December 2020 with the state attorney general's office.
A few months later, Swedish reduced Bair's bill from over $27,000 to $7,164.
"Because neither the patient nor his provider was aware of this limitation in coverage prior to the procedure, the surgeon advocated on the patient's behalf to get the bill lowered," the hospital told KHN in a statement.
Bair agreed to pay the lower amount. "The bill is at least a much more manageable number than the financial ruin $27,000 would have been," he said. "I am just looking forward to closing this chapter and moving on."
His surgeon, who helped him fight the hospital bill and limited insurance coverage, reduced his bill to $5,000 from $10,000, Bair said.
Bair said his employer, Adaptive Biotechnologies, is looking into eliminating its $5,000 lifetime limit for the procedure when it is medically necessary.
Since the surgery, Bair said he gets far fewer migraine headaches and his high blood pressure has been reduced. "I feel way more energized," he said.
The Takeaway: When facing a planned surgery, talk to your hospital, doctor and insurer about how much of the bill you will be responsible for — and get it in writing before any procedure.
"In theory, you should be able to rely on your provider to confirm your coverage but, in practice, it is in your best interest to call your insurer yourself," Corlette said.
Even though the ACA eliminated lifetime and annual caps on coverage, that applies only to services deemed essential in a patient's state. Be aware that certain surgeries — like jaw surgery — lie in a gray area; insurers might not consider them a necessary medical intervention or even a medical procedure at all. Corlette said health plans should notify patients when they are closing in on lifetime or annual limits, but that doesn't always happen.
Also, be aware that even though your insurance carrier may stay the same after switching jobs, your benefits could be quite different.
Kudos to Bair for being a proactive patient and appealing to the state attorney general — which got him a positive result.
Stephanie O'Neill contributed the audio profile with this report.
Bill of the Month is a crowdsourced investigation by KHN and NPR that dissects and explains medical bills. Do you have an interesting medical bill you want to share with us? Tell us about it!
As classes get underway this week and next, Montana school and county health officials are grappling with how a new state law that bans vaccine discrimination should apply to quarantine orders for students and staffers exposed to COVID-19.
It's the latest fallout from the law that says businesses and governmental entities can't treat people differently based on vaccination status. The law makes Montana the only state that prohibits both public and private employers — including hospitals — from requiring workers to get vaccinated against COVID.
Some state and county officials also interpret the law to mean that unvaccinated people can't be ordered to quarantine over a COVID exposure unless vaccinated people are, too. That interpretation goes against the Centers for Disease Control and Prevention's recommendations for only unvaccinated people to quarantine in the event of a COVID exposure.
The state law worries school officials who had planned to lean on the CDC guidelines to keep closures and disruptions to a minimum this fall after last school year's fluctuating in-person, remote and hybrid classes.
Micah Hill, superintendent of Kalispell Public Schools, said he received guidance from Republican Gov. Greg Gianforte's office that confirmed the law means quarantine protocols must be the same for the vaccinated and unvaccinated alike.
Hill described that interpretation as a "game changer" for schools as the highly transmissible delta variant of the virus races through the state. Kalispell's Flathead County has among the highest number of active COVID cases with just 41% of the eligible population fully vaccinated. Only 1 in 4 children eligible for a COVID vaccine are vaccinated, according to county health officials. Hill estimates about two-thirds of his staff are vaccinated.
"If everybody is getting quarantined with a more contagious variant, you could see a lot of people out of school, staff and students, and [that] really threatens the ability of schools to stay open," Hill said.
As a result of the law, some Montana county health and school officials have decided to drop quarantine orders. Instead, they are making quarantining an option for exposed students.
But at least one county has decided to defy the law. The Missoula City-County Board of Health unanimously voted this week for a policy requiring the unvaccinated to quarantine, but not the vaccinated. The board held the vote after being advised by a representative from the county attorney's office that the policy could lead to a lawsuit.
The stance by Missoula health officials is the latest in a string of defiant acts by schools and local governments against state laws and policies that ban COVID-prevention measures. In Florida, for example, a handful of counties have said they will require students to wear masks despite Republican Gov. Ron DeSantis' ban on mask mandates.
Anna Conley, Missoula's chief civil deputy county attorney, said that although she can't promise the county will be successful in court, the county might have a good argument to overturn the state law if it winds up being litigated. The law may conflict with other state health laws that require health boards and health officers to prevent the spread of infectious diseases, she said.
Montana legislators passed House Bill 702 this spring amid a backlash against COVID-prevention protocols such as a mask mandate under former Democratic Gov. Steve Bullock, and after a Great Falls hospital announced plans to require its employees to get vaccinated against COVID.
"Your healthcare decisions are private; they are protected by the constitution of the state of Montana," said bill sponsor state Rep. Jennifer Carlson (R-Manhattan) during the legislative session. "Your privacy is protected, and your religious rights are protected."
Brooke Stroyke, a spokesperson for Gianforte, said it's up to county officials to interpret how HB 702 affects quarantine orders in schools. However, an adviser in the governor's office has instructed districts that the law presents an all-or-none option for county health departments when it comes to quarantine orders.
"HB 702 would allow for quarantine protocols as long as they are applied to everyone equally and are not based on COVID vaccination status," Gianforte education and workforce policy adviser Dylan Klapmeier wrote in an email.
Lance Melton, CEO of the Montana School Boards Association, said that interpretation erases the advantage vaccines could provide in schools, where vaccinated teachers and students 12 and older would not have to quarantine following an exposure under CDC guidance.
Aside from Missoula, many county health departments are still deciding what to do. Gallatin and Lewis and Clark counties both say they will drop quarantine orders, making it optional for people to follow CDC guidance.
Flathead County is leaning toward the same approach. Flathead County Health Officer Joe Russell said that would allow vaccinated students, teachers and county residents to return to school and work as long as they aren't showing COVID symptoms. Russell said the county can still order COVID-positive people to isolate.
"I don't think it's fair to punish someone that's fully vaccinated and tell them that they have to … stay home for eight to 10 days. How fair is that?" Russell said.
That means relying on unvaccinated people to do the right thing and stay home after they've been identified as a close contact.
The prospect terrifies Rebecca Miller, who has two children in the Bigfork School District in Flathead County, where masks won't be required in schools. Miller doesn't think parents who are desperate to keep their kids in school so they can keep working will follow the Flathead City-County Health Department's advice.
"Yeah, I think they're going to send them to school," she said.