Twenty-eight million people, or 8.6% of Americans, were uninsured for all of 2020. In 2019, 8% of people were uninsured during the full year; in 2018, it was 8.5%.
This article was published on Wednesday, September 15, 2021, in Kaiser Health News.
Despite a pandemic-fueled recession, the number of uninsured Americans has increased only slightly since 2018, according to Census Bureau health insurance data released Tuesday.
Twenty-eight million people, or 8.6% of Americans, were uninsured for all of 2020. In 2019, 8% of people were uninsured during the full year; in 2018, it was 8.5%.
During a press conference, Census officials said there was no statistically significant difference in the number of uninsured when comparing 2018 and 2020 data. (The Census Bureau has cautioned against comparing 2020 data to 2019 data because of a disruption in data collection and individual responses due to the COVID-19 pandemic — which is why 2018 served as the primary comparison.)
"It's remarkable that, during a pandemic with massive job losses, the share of Americans uninsured did not go up," said Larry Levitt, executive vice president for health policy at KFF. "This is likely a testament to what is now a much more protective health insurance safety net."
Still, the annual report shows a shift in where Americans get their insurance coverage. Private insurance coverage decreased by 0.8 percentage points from 2018. Public coverage rose by 0.4 percentage points from 2018. That shift was likely driven partly by older Americans becoming eligible for Medicare, at age 65, and showed a 0.5 percentage point increase from 2018 to 2020.
Coverage through employers also dropped significantly, said Joseph Antos, a senior fellow in healthcare policy at the American Enterprise Institute, and low-income people were hit especially hard as pandemic cutbacks led to job and health insurance losses. Employment-based coverage dropped by 0.7 percentage points compared with 2018.
The Census 2020 data did show a decline in the number of workers employed full time year-round, and an increase in the number of workers who worked less than full time, suggesting that many individuals shifted to part-time work.
This changing nature of work is "part of the overall story," said Sharon Stern, assistant division chief of employment characteristics at the Census Bureau. For the group that didn't work full time, the uninsured rate increased to 16.4% in 2020 from 14.6% in 2018. And that impact was concentrated at the bottom of the earnings index.
"Almost certainly, the people most prone to lose coverage because they lost their jobs were lower-paid workers to begin with," Antos said.
Antos said the Census Bureau data, which showed there wasn't a significant difference between 2018 and 2020 in the percentage of Americans covered by the Affordable Care Act, misses the larger role the ACA played in helping those who lost coverage get it through the program. Many of those who looked into ACA plans may have met income requirements for Medicaid and joined those rolls instead. Medicaid is a federal-state program for the poor and coverage is free or available at a very low cost. Even with a subsidy, many ACA enrollees may face premium or deductibles or both.
Joan Alker, executive director of the Center for Children and Families at Georgetown University, said one of the main points that jumped out for her was the sharp rise in children below the federal poverty level who were uninsured, rising from 7.8% in 2018 to 9.3% in 2020.
"The rich kids actually did a little bit better, and the poor kids did a whole lot worse," said Alker.
Overall, the percentage of uninsured children ticked up only slightly and wasn't considered statistically significant.
Further research is needed to determine the causes of rising uninsurance among the poorest children, Alker said.
Oddly, the Census report did not show an uptick in Medicaid enrollment, although other reports have shown a big increase.
Data from the Centers for Medicare & Medicaid Services, which comes from state insurance records, shows a 15.6% increase in the number of Medicaid and Children's Health Insurance Program enrollees from February 2020 to March 2021.
A recent report from KFF, which analyzed the CMS data, found enrollment in Medicaid and CHIP increased by 10.5 million from February 2020 to March 2021. Enrollment increased steadily each consecutive month, with increases attributed to people losing their jobs and thus becoming eligible for public coverage and the Families First Coronavirus Response Act, which passed in 2020 and ensured continuous Medicare coverage.
This disconnect may be a result of the nature of Census data, which is self-reported by individuals.
"That's always subject to error, and probably especially so right now," said Levitt. "It could also be a result of particularly high non-response rates among some groups."
Census officials acknowledged during the Tuesday press conference that response rates to their surveys were lower than normal in 2020 and have only just started rebounding in 2021. Other datasources do seem to confirm that the uninsured rate has remained relatively constant over the past couple of years.
Another important takeaway from the data was illustrating the continuing gap in the number of uninsured people between states that chose to expand Medicaid under the ACA and states that didn't. The Census data showed that in 2020, 38.1% of poor, non-elderly adults were uninsured in non-expansion states, compared with 16.7% in expansion states.
"That became a huge gap after the ACA, and it's not surprising at all that it remains a huge gap," said Gideon Lukens, director of research and data analysis for health policy at the Center on Budget and Policy Priorities. "That highlights the need to close the coverage gap."
The Census Bureau report also offered insights into national income and poverty rates:
The official poverty rate in 2020 was 11.4%, up 1 percentage point from 2019, marking the first increase in poverty after five consecutive annual declines. In 2020, 37.2 million people lived in poverty, approximately 3.3 million more than in 2019.
Medical expenses boosted the number of impoverished people by 5 million in 2020.
The median household income in 2020 decreased 2.9% from 2019 to 2020. This is the first statistically significant decline in median household income since 2011.
It's a struggle for Joe Gammon to talk. Lying in his bed in the intensive care unit at Ascension Saint Thomas Hospital in Nashville, Tennessee, this month, he described himself as "naive."
"If I would have known six months ago that this could be possible, this would have been a no-brainer," said the 45-year-old father of six, who has been in critical condition with COVID-19 for weeks. He paused to use a suction tube to dislodge some phlegm from his throat. "But I honestly didn't think I was at any risk."
Tennessee hospitals are setting new records each day, caring for more COVID patients than ever, including 3,846 of the more than 100,000 Americans hospitalized with the virus as of Sept. 9. The most critical patients are almost all unvaccinated, hospital officials say, meaning ICUs are filled with regretful patients hoping for a second chance.
In hospitals throughout the South as well as in parts of California and Oregon, more than 50% of the inpatients are being treated for COVID, an NPR analysis shows.
Gammon is a truck driver from rural Lascassas in Middle Tennessee who said he listens to a lot of conservative talk radio. The daily diatribes downplaying the pandemic and promoting personal freedom were enough to dissuade him from vaccination.
Gammon said he's not an "anti-vaxxer." And he said he's a committed believer in the COVID vaccine now. He's also thankful he didn't get anyone else so sick they're in an ICU like him.
"Before you say no, seek a second opinion," he advised people who think the way he did before being hospitalized. "Just to say 'no' is irresponsible. Because it might not necessarily affect you. What if it affected your spouse? Or your child? You wouldn't want that. You sure wouldn't want that on your heart."
Gammon's lungs are too damaged from COVID for a ventilator. He is on the last-resort life support ECMO, which stands for extracorporeal membrane oxygenation. Unlike previous generations of life support, people on ECMO can be fully conscious, can speak to their loved ones (or even reporters), and can even move around with the help of a team of nurses and technicians.
But it is an intense treatment, with a machine doing the work of both the heart and the lungs. Thick tubes run out of a hole in Gammon's neck, and pump all of his blood through the ECMO machine to be oxygenated, then back into his body through other tubes. A mask over his nose forces air into his lungs as they're given time to heal.
Even for patients who survive ECMO, many face months of rehabilitation or even permanent disability or dependence on oxygen.
This Saint Thomas West ICU is treating COVID patients only, and that data point should be pretty convincing to vaccine holdouts, said critical care nurse Angie Gicewicz.
"We don't have people in the hospital suffering horrible reactions to the vaccine," she noted.
If all the patients on this hall could talk — and some can't because they're sedated on ventilators — Gicewicz said they'd tell people to learn from their mistakes. She recounted the story of an elderly woman who was admitted in recent weeks and spent her first days in isolation to control infection.
Gicewicz said she'd wave at the nurses from her sealed room, desperate for anyone to talk to. "The first day I took care of her, she said, 'I guess I should have taken that vaccine.' I said, 'Well, yeah honey, probably. But we're here where we are now, and let's do what we can for you.' "
That woman, like so many who didn't take the vaccine, never recovered, Gicewicz said. She died at this hospital, which averaged more than one COVID death every day during the month of August.
This story is part of a partnership that includes Nashville Public Radio, NPR and KHN.
Gary Popiel had to drive more than 200 miles round trip to visit his adult daughters in separate behavioral health facilities as they received psychiatric and medical treatment.
It was 2000, and the family's only options for inpatient psychiatric beds were in Helena and Missoula — far from their Bozeman, Montana, home and from each other. Fast-forward 21 years, and Montana's fourth-largest city still lacks a hospital behavioral health unit.
"This would be just as traumatic now as it was then. We still would have to leave Bozeman," Popiel said. "Why should families have to witness their loved one being hauled off or take them themselves to another facility — or outside the state — to receive help?"
For years, healthcare workers and people such as Popiel who've had to travel for family members' mental health hospitalizations have been pushing the city's major hospital system, the nonprofit Bozeman Health, to add a behavioral health unit at its Deaconess Hospital. On Sept. 30, the system's board plans to consider whether to add one as part of an expansion of its mental health services.
Hospital leaders have said initial talks have been broad so far, without specifics on the number of potential beds and whether they're designed for adults or kids.
But even if Bozeman Health adds inpatient psychiatric beds, the gaps in emergency mental healthcare could continue. Across Montana, such units routinely hit capacity and some struggle to find enough workers to staff them.
Montana's quandary reflects a national shortage of inpatient psychiatric beds that can leave people with serious mental illnesses far from the services they need when a crisis hits. Ideally, patients would have treatment options to prevent such a crisis. But more than 124 million Americans live in mental health "professional shortage areas," according to federal data, and the country needs at least 6,500 more practitioners to fill the gaps.
The national nonprofit Treatment Advocacy Center, which aims to make care for severe mental illness more accessible, recommends a minimum of 50 inpatient psychiatric beds per 100,000 people. It is still debated, though, who should provide those beds and where they're prioritized on a long list of stretched-thin mental health services.
Given the patient capacity of Montana State Hospital and private hospital behavioral health units, Montana comes close to that recommendation. But those beds are concentrated in pockets of the state, so access isn't uniform.
For example, Bozeman Health sits in a city of 50,000 in a county of 120,000 and also serves two neighboring counties. The city has 10 crisis beds at the Western Montana Mental Health Center's facility there — the only beds for roughly 100 miles in any direction. The crisis center cares for roughly 400 people a year, providing nurses and psychiatrists who can offer safety plans and medication management, but it can't treat children or offer full medical services as a hospital could. The center also faced criticism for closing its two involuntary beds for six months last year because of a worker shortage amid the pandemic.
Bozeman Health's leadership estimated that on average 13 people who live in its primary three-county service area of Gallatin, Park and Madison counties are admitted to behavioral health units elsewhere each month.
Some patients leave handcuffed in the back of a law enforcement vehicle. Last year, the Gallatin County Sheriff's Office transported 101 people experiencing a mental health crisis — 85 of whom were taken to crisis centers hours away or the state hospital. That's up from 2019 when authorities took 36 out of 45 people in crisis outside the county.
"Every other major city in Montana besides us has managed to get inpatient care" at their hospitals, said Dr. Colette Kirchhoff, a physician in Bozeman.
One man went to Bozeman Health to have a cancerous tumor removed in early August, and the next day he had panic attacks that turned into suicidal thoughts. He was driven two hours in the back of an ambulance to the Billings Clinic. His wife, who asked KHN not to publish their names since her husband wasn't in a condition to give his consent, said she wished they'd had a closer option.
"I was there when he got strapped into a gurney and taken away," she said. "I had to book a hotel and get money from the bank and pack clothes."
Bozeman Health leaders have said the hospital hadn't actively considered a behavioral health unit until now because it had prioritized outpatient mental health services. In recent years, it added mental health treatment into primary care, including hiring licensed clinical social workers. It started telepsychiatry to help local providers with patient assessments. It also plans to provide short-term crisis stabilization and medication management.
"The gold standard is let's make the need for high-acuity inpatient care go away completely," said Jason Smith, Bozeman Health's chief advancement officer. "Getting there may be impossible. At the very least, it's going to be difficult."
Elizabeth Sinclair Hancq, director of research for the Treatment Advocacy Center, is skeptical that would be possible. "Efforts to intervene as early as possible are an important step forward, but that doesn't mean that inpatient beds will become obsolete," she said.
Smith said creating inpatient psychiatric services isn't as simple as adding beds. A construction project would be years away. Adding a unit also would mean ensuring discharged patients have access to additional services and recruiting mental health workers to Bozeman amid the national shortage.
"Whether we're going to be able to recruit the behavioral health professionals that are necessary to lead it and provide that care on a day-to-day basis is a major question mark," Smith said.
Dr. Scott Ellner, CEO of the Billings Clinic, said the number of patients who travel to his hospital for care is evidence the state needs more beds. Last year, the hospital treated 161 psychiatric patients from Bozeman Health's service area. Ellner said Billings Clinic loses money on its psych unit, but the service is part of the hospital's job.
"There's so few resources across the state," Ellner said. "We strongly recommend that there be inpatient beds in Gallatin County."
Where the services do exist, they're often stretched.
Benefis Health System in Great Falls has 20 inpatient psychiatric beds. In an email, spokesperson Kaci Husted said those beds hit capacity a few times a week. When that happens, the hospital puts patients in overflow beds until a spot opens.
And in Helena last year, St. Peter's Health turned away 102 patients because its behavioral health unit was out of space or because a patient needed more care than the hospital could manage. Gianluca Piscarelli, the unit's director, said the system's eight adult beds are often full. The hospital also has 14 geriatric psychiatric beds — the only inpatient program in the state designed for seniors who may have dementia and a serious mental illness — but Piscarelli said the unit may deny someone a spot if it already has too many high-needs patients to manage.
Shodair Children's Hospital in Helena has 74 beds for kids in a crisis but, because of a shortage of mental health workers, the facility could admit only 40 patients as of mid-August, said CEO Craig Aasved. In May, a 15-year-old patient died by suicide there, with a state report blaming understaffing as a contributing factor.
The hospital is working on an expansion with a new building design that would make it easier to group patients by diagnosis, but staffing will still be a strain. He said that while more beds are always needed, some kids come from towns where they don't even have access to a therapist.
Having every hospital add psychiatric beds isn't a perfect solution, Aasved said. "The end result is we'll just have a lot of beds and no staff."
NEED HELP?
If you or someone you know is in a crisis, please call the National Suicide Prevention Lifeline at 1-800-273-TALK (8255) or contact the Crisis Text Line by texting HOME to 741741.
SACRAMENTO, Calif. — Should Gavin Newsom survive the Republican-driven attempt to oust him from office, the Democratic governor will face the prospect of paying back supporters who coalesced behind him.
And the leaders of California's single-payer movement will want their due.
Publicly, union leaders say they're standing beside Newsom because he has displayed political courage during the COVID-19 pandemic by taking actions such as imposing the nation's first statewide stay-at-home order. But behind the scenes, they are aggressively pressuring him to follow through on his 2018 campaign pledge to establish a government-run, single-payer healthcare system.
"I expect him to lead on California accomplishing single-payer and being an example for the rest of the country," said Sal Rosselli, president of the National Union of Healthcare Workers, which is urging Newsom to get federal permission to fund such a system.
Another union, the California Nurses Association, is pushing Newsom to back state legislation early next year to do away with private health insurance and create a single-payer system. But "first, everyone needs to get out and vote no on this recall," said Stephanie Roberson, the union's lead lobbyist.
"This is about life or death for us. It's not only about single-payer. It's about infection control. It's about Democratic and working-class values," she said. "We lose if Republicans take over."
Together, the unions have made hundreds of thousands of dollars in political contributions, funded anti-recall ads and phone-banked to defend Newsom. The latest polling indicates Newsom will survive Tuesday's recall election, which has become a battle between Democratic ideals and Republican angst over government coronavirus mandates. The Democratic Party closed ranks around the governor early and kept well-known Democratic contenders off the ballot, leaving liberal voters with little choice other than Newsom.
"This is a crucial moment for Newsom, and for his supporters who are lining up behind him," said Mark Peterson, a professor of public policy, political science and law at UCLA who specializes in the politics of healthcare. "They're helping him stay in office, but that comes with an expectation for some action."
But it's not clear that Newsom — who will face competing demands to pay back other supporters pushing for stronger action on homelessness, climate change and public safety — could deliver such a massive shift.
Reorganizing the health system under a single-payer financing model would be tremendously expensive — around $400 billion a year — and difficult to achieve politically, largely because it would require tax increases.
No state has a single-payer system. Vermont tried to implement one, but its former governor, a Democrat, abandoned his plan in 2014 partly because of opposition to tax increases. California would not only need to raise taxes, but would also likely have to seek voter approval to change the state constitution, and get permission from the federal government to use money allocated for Medicare and Medicaid to help fund the new system.
The last big push for single-payer in California ended in 2017 because it did not adequately address financing and other challenges. Leading up to the 2018 gubernatorial election, Newsom campaigned on single-payer healthcare, telling supporters "you have my firm and absolute commitment as your next governor that I will lead the effort to get it done," and "single-payer is the way to go."
In office, though, Newsom has distanced himself from that promise as he has expanded the existing health system, which relies on a mix of public and private insurance company payers. For instance, he and Democratic lawmakers imposed a health insurance mandate on Californians and expanded public coverage for low-income people, both of which enrich health insurers.
Newsom has, however, convened a commission to study single-payer and in late May wrote to President Joe Biden, asking him to work with Congress to pass legislation giving states freedom and financing to establish single-payer systems. "California's spirit of innovation is stifled by federal limits," Newsom wrote.
Newsom's recall campaign, asked about his stance on single-payer, referred questions to his administration. The governor's office said in prepared comments that Newsom remains committed to the idea.
"Governor Newsom has consistently said that single-payer healthcare is where we need to be," spokesperson Alex Stack wrote. "It's just a question of how we get there."
Stack also highlighted a new initiative that will build up the state's public health insurance program, Medi-Cal, saying it "paves a path toward a single-payer principled system."
Activists say Newsom has let them down on single-payer but are standing behind him because he represents their best shot at obtaining it. However, some say they're not willing to wait long. If Newsom doesn't embrace single-payer soon, liberal activists say, they will look for a Democratic alternative when he comes up for reelection next year.
"Newsom is an establishment candidate, and we as Democrats aren't shy about ripping the endorsement out from under someone who doesn't share our values," said Brandon Harami, Bay Area vice chair of the state Democratic Party's Progressive Caucus, who opposes the recall. "Newsom has been completely silent on single-payer. A lot of us are really gunning to see some action on his part."
State Assembly member Ash Kalra (D-San Jose), who also opposes the recall, will reintroduce his single-payer bill, AB 1400, in January after he paused it earlier this year to work on a financing plan. Its chief sponsor is the California Nurses Association.
Using lessons learned from the failed 2017 attempt to pass single-payer legislation, the nurses union is deploying activists to pressure state and local lawmakers into supporting the bill. Resolutions have been approved or are pending in multiple cities.
"This is an opportunity for California to lead the way on healthcare," Los Angeles City Council member Mike Bonin said before an 11-0 vote backing Kalra's single-payer bill in late August.
Kalra argued that support from Los Angeles shows his bill is gaining momentum. He is also preparing a new strategy to take on doctors, hospitals, health insurers and other health industry players that oppose single-payer: highlighting their profits.
"They are the No. 1 obstacle to this passing," Kalra said. "They're going to do whatever they can to discredit me and this movement, but I'm going to turn the mirror around on them and ask why we should continue to pay for wild profits."
An industry coalition called Californians Against the Costly Disruption of Our Healthcare was instrumental in killing the 2017 single-payer bill and is already lobbying against Kalra's measure. The group again argues that single-payer would push people off Medicare and private employer plans and result in less choice in health insurance.
Single-payer would "force these millions of Californians who like their healthcare into a single new, untested government program with no guarantee they could keep their doctor," coalition spokesperson Ned Wigglesworth said in a statement.
Bob Ross, president and CEO of the California Endowment, a nonprofit that works to expand healthcare access, is on Newsom's single-payer commission. He said it will work through "tension" in the coming months before issuing a recommendation to the governor on the feasibility of single-payer.
"We have a camp of single-payer zealots who want the bold stroke of getting to single-payer tomorrow, and the other approach that I call bold incrementalism," Ross said. "I'm not ruling out any bold stroke on single-payer; I would just want to know how we get it done."
Rapid at-home COVID tests are flying off store shelves across the nation and are largely sold out online as the delta variant complicates a return to school, work and travel routines.
But at $10 or $15 a test, the price is still far too high for regular use by anyone but the wealthy. A family with two school-age children might need to spend $500 or more a month to try to keep their family — and others — safe.
For Americans looking for swift answers, the cheapest over-the-counter COVID test is the Abbott Laboratories BinaxNOW two-pack for $23.99. Close behind are Quidel's QuickVue tests, at $15 a pop. Yet supplies are dwindling. After a surge in demand, CVS is limiting the number of tests people can buy, and Amazon and Walgreen's website were sold out as of Friday afternoon.
President Joe Biden said Thursday he would invoke the Defense Production Act to make 280 million rapid COVID tests available. The administration struck a deal with Walmart, Amazon and Kroger for them to sell tests for "up to 35 percent less" than current retail prices for three months. For those on Medicaid, the at-home tests will be fully covered, Biden said.
An increased supply should help to lower prices. As schools open and much of the country languishes without pandemic-related restrictions, epidemiologists say widespread rapid-test screening — along with vaccination and mask-wearing — is critical to controlling the delta variant's spread. Yet shortages, little competition and sticky high prices mean routine rapid testing remains out of reach for most Americans, even if prices drop 35%.
Consumers elsewhere have much cheaper — or free — options. In Germany, grocery stores are selling rapid COVID tests for under $1 per test. In India, they're about $3.50. The United Kingdom provides 14 tests per person free of charge. Canada is doling out free rapid tests to businesses.
Michael Mina, assistant professor of epidemiology at Harvard University, lauded Biden's announcement on Twitter while saying he "had some reservations" about its scale and noted that 280 million tests represent "less than one test per person over the course of a year."
Rep. Kim Schrier (D-Wash.) for months has advocated for rapid testing at a lower cost. "In an ideal world, a test would either be free or cost less than a dollar so that people could take one a few times a week to every day," she said in the days before Biden's announcement.
Biden's initiative "is a great start" for broader rapid testing, Schrier said Friday. "But there is a lot more to be done, and that must be done quickly, to use this really important tool to combat this virus."
A nationwide survey released in February by the Harvard T.H. Chan School of Public Health and Hart Research found that 79% of adults would regularly test themselves at home if rapid tests cost a dollar. But only a third would do so if the cost was $25.
Billions in taxpayer dollars have been invested in these products. Abbott Laboratories, for instance, cashed in on hundreds of millions in federal contracts and gave its shareholders fat payouts last year, increasing its quarterly dividend by 25%. Even so, according to a New York Times investigation, as demand for rapid tests cratered in early summer, Abbott destroyed its supplies and laid off workers who had been making them.
More than a year ago, Abbott said the company would sell its BinaxNOW in bulk for $5 a test to healthcare providers, but that option is not available over the counter to the public. Even with the anticipated price decrease, a two-pack will be more than $15. Abbott did not comment further.
Schrier said in spring that test prices were high because "big companies are buying up all the supplies." Also, "their profit is far higher making 1,000 $30 tests than 30,000 $1 tests" — in other words, they can make the same amount of money for many fewer tests.
In March, the Biden administration allocated $10 billion as part of the American Rescue Plan Act to perform COVID testing in schools, leaving the rollout largely to states. This followed $760 million spent by the Trump administration to buy 150 million of Abbott's rapid-response antigen tests, many of which went to schools. The rollout has been mixed, with states like Missouri mired in logistical challenges.
In late August, Schrier wrote a letter asking four federal agencies to update their distribution plans. She also urged the government to increase spending on rapid testing, saying "time is of the essence" as children returned to school.
Antigen tests can give real-time information to people exposed to COVID, said Dr. Dara Kass, an associate professor of emergency medicine at Columbia University Medical Center. Waiting for lab results from polymerase chain reaction (PCR) tests can take days, and many states — particularly in the hard-hit South — are seeing appointments fill up days in advance. At-home collection kits for PCR tests can cost over $100.
Rapid tests take under 15 minutes to detect COVID by pinpointing proteins, called antigens. The tests are similar to a pregnancy test, with one or two lines displayed, depending on the result.
The Centers for Disease Control and Prevention recommends that fully vaccinated people exposed to COVID wear a mask indoors for two weeks and get tested three to five days after exposure. The unvaccinated should quarantine for 14 days. But that leaves gray area for those vaccinated people hoping to attend classes or go about their lives, Kass said.
"Rapid tests give information," she added, "that allows somebody to engage in society safely." People can follow up with a PCR test, which is more sensitive, for confirmation of a diagnosis.
In Massachusetts, for example, a "Test and Stay" strategy for students exposed to COVID allows them to remain in school: Students take BinaxNOW tests five days in a row following close contact with an infected person.
More than 30 antigen tests have been developed in the U.S. — though just six companies have FDA authorization for over-the-counter use. No rapid COVID tests have full FDA approval. Two rapid molecular options, made by Lucira Health and Cue Health, also have emergency use authorization (EUA).
"Unfortunately, many submissions are incomplete or contain insufficient information for FDA to determine that they meet the statutory criteria," FDA spokesperson James McKinney said.
"As long as these tests are regulated as medical devices, the FDA has to regulate them not as critical public health tools, but as medical tools, with all of the onerous clinical trials that slow everything down 100-fold," Mina said on Twitter.
With only a handful of rapid tests on the market, it is harder for companies that have not yet received FDA authorization to catch up and, in turn, drive the prices down, said Michael Greeley, co-founder and general partner at Flare Capital Partners, a venture capital firm focused on healthcare technology. "If we're talking about people testing their kids every day going to school," he added, "for many families, the current costs are a real burden."
Broad adoption of rapid testing seems premature, he said, even with a mass purchase of tests by the U.S. government: "We can't even get people to floss, so the idea that people are now going to start rapid testing as their standard operating procedure is a flawed assumption."
Regardless, companies can't keep up with demand.
Ellume said it saw a 900% spike in the use of its tests over the past month. Its at-home rapid test costs up to $38.99. On Walmart's website, it was listed for $26.10 Friday but was out of stock.
The Australian manufacturer received $232 million from the U.S. Defense Department in February to scale up production, after the FDA authorized its at-home use late last year. But the federal Healthcare Enhancement Act, which furnished the funding, does not impose pricing restrictions. Ellume said it will begin production at a Frederick, Maryland, plant this fall. For now, it is shipping tests from Australia.
This summer, Lucira Health stopped selling its about $50 molecular rapid test online to focus on larger clients, including San Francisco's Chase Center, home to the Golden State Warriors, and the Olympics, Dan George, Lucira's chief financial officer, said during a recent earnings call.
The company is still losing money as it ramps up production but hopes to return to selling directly on its website and Amazon later this year.
SACRAMENTO, Calif. — Gov. Gavin Newsom's COVID-19 rules have been a lightning rod in California's recall election.
But there's a lot more at stake for Californians' healthcare than mask and vaccine mandates.
Newsom, a first-term Democrat, argues that their fundamental ability to get health insurance and medical treatments is on the line.
Republicans are seeking to "take away healthcare access for those who need it," according to his statement in the voter guide sent to Californians ahead of Tuesday's recall election.
Exactly where all the leading Republican recall candidates stand on healthcare is unclear. Other than vowing to undo state worker vaccine mandates and mask requirements in schools, none have released comprehensive healthcare agendas. Nor has Kevin Paffrath, the best-known Democrat in the race, who wants to keep existing vaccine and mask mandates.
Outside of his pandemic measures, Newsom has, in conjunction with the legislature, funded state subsidies to help low- and middle-income Californians buy health insurance; imposed a state tax penalty on uninsured people; and extended eligibility for Medi-Cal, the state's Medicaid program for low-income people, to undocumented immigrants ages 19 to 26. This year, he signed legislation to further expand eligibility to unauthorized immigrants ages 50 and up. Republicans opposed all those initiatives.
Voters, who have been mailed ballots, have two choices to make: First, should Newsom be removed? Second, who among the 46 replacement candidates should replace him? A Public Policy Institute of California poll released Sept. 1 showed that 58% of likely voters want to keep Newsom in office.
To see where the leading recall candidates stand on healthcare, KHN combed through their speeches and writings, and scoured media coverage. Republicans John Cox and Kevin Kiley and Democrat Paffrath also consented to interviews. Republicans Larry Elder and Kevin Faulconer did not respond to repeated requests for interviews.
Larry Elder
Elder, 69, a conservative talk radio host, is far ahead of other candidates in polls. Elder believes healthcare is a "commodity," not a right, and wants government out of health insurance.
He opposes Obamacare — even some of the most popular provisions of the 2010 law embraced by other Republicans, such as allowing children to stay on their parents' health insurance until age 26 and guaranteeing coverage for people with preexisting medical conditions.
"Forcing an insurance company to cover people with pre-existing conditions completely destroys the concept of insurance," Elder wrote in a 2017 opinion piece on his website.
In a 2010 opinion piece on creators.com, he wrote that he would end Medicaid, the state-federal health insurance program for low-income people, and phase out Medicare, the federal insurance program for older Americans and some people with disabilities. (As governor, he would not have the authority to do either.)
Instead, he wants people to rely primarily on high-deductible health plans and pay their hefty out-of-pocket costs with money they have saved in tax-free accounts.
Elder told CalMatters he doesn't think taxpayers should spend money on "healthcare for illegal aliens" but also recently told CNN he has no plans to limit their eligibility for Medi-Cal, saying it's "not even close to anything on my agenda."
Elder calls himself "pro-life" but has said he doesn't foresee abortion access changing in California. Still, anti-abortion activist Lila Rose tweeted that Elder had promised her he would cut abortion funding and veto legislation that made abortion more accessible.
Kevin Faulconer
In campaign stops and debates, the mayor of San Diego from 2014 to 2020 has cast himself as a moderate, experienced leader who worked with Democrats to clear the city's streets and provide shelters for homeless people.
Faulconer, 54, often refers to San Diego's success at decreasing homelessness as one of his greatest achievements in office. But that success came only after a 2017 hepatitis A outbreak killed 20 people and sickened nearly 600 others, most of whom were homeless. Faulconer and the city council were criticized for not intervening sooner to open more restrooms and hand-washing stations, despite warnings from health officials.
The city's 12% reduction in the number of people sleeping on the streets from 2019 to 2020 resulted largely from efforts to curb the spread of COVID by placing people in shelters.
A fiscal conservative, Faulconer is moderate on healthcare. He supports abortion rights and two years ago vowed not to restrict them.
If elected governor, Faulconer said, he would push to expand California's paid parental leave program to 12 weeks at full pay. Currently, new parents get up to 70% of their income for up to eight weeks.
John Cox
Cox, 66, has centered his campaign — as he did his unsuccessful 2018 gubernatorial bid against Newsom — on his business credentials. The lawyer and accountant thinks the solution to California's healthcare troubles lies in the free market, for example by letting patients know the cost of care ahead of time so they can shop for a better deal.
"I understand that healthcare is expensive, and families can't afford it very well," Cox said in an interview with KHN. But that's because "there's not enough price discrimination, not enough consumer orientation, not enough consumer choice."
Healthcare is expensive partly because doctors and hospitals can charge whatever they want, and patients overutilize care because they don't have to pay the full price, he said.
He favors health savings accounts with some government assistance for low-income people, which he said would make consumers more discriminating and keep healthcare prices in check. But he doesn't want to take profit completely out of healthcare.
"I certainly want companies to make money from providing healthcare," Cox said. "Because I think that's what gives them an incentive to innovate."
Kevin Kiley
Kiley, 36, a state Assembly member representing a suburban Sacramento district, often speaks out against government interference in people's lives. The former teacher and attorney believes government rules about insurance coverage, doctor-patient relationships and independent contracting have contributed to higher health costs.
Like Elder and Cox, he wants more transparency and consumer choice in healthcare.
"I'm not sure it's necessary to be continually specifying what every single plan needs to entail," Kiley said in an interview with KHN. "I don't know that legislators are always in the best position to be weighing in."
Rather than provide health benefits to undocumented immigrants, Kiley said, lawmakers should scrutinize Medi-Cal, which covers about one-third of Californians but is failing to provide basic preventive care, including childhood vaccines, to some of its neediest patients.
Kiley downplayed the coverage gains made under Obamacare that have reduced the state's uninsured rate from about 17% in 2013 to about 7%, saying a reduction was inevitable because of state and federal requirements to get health insurance or be penalized.
He has authored legislation, which did not pass, to increase funding for K-12 student mental health, which he says has only become more urgent in the pandemic.
Kevin Paffrath
Paffrath, 29, made his fortune giving financial advice on YouTube and renovating houses in Southern California.
If elected, Paffrath said, he would create 80 emergency facilities across the state to connect homeless people with doctors and substance use and mental health treatment. And he would require schools to offer better mental health education.
He also wants to create vocational programs for interested students ages 16 and up. With better job training and higher salaries, Medi-Cal rolls would naturally shrink, he argues.
"It's not Californians' fault that one-third of Californians are on Medi-Cal," Paffrath said in an interview with KHN. "It's our schools'."
Paffrath supports the Affordable Care Act and said he is willing to consider questions such as whether California should adopt a single-payer health system or manufacture generic prescription drugs.
Paffrath said he's most interested in cutting health insurance red tape, which creates bureaucratic hurdles for patients, makes doctors spend more time on paperwork than patient care, and discourages new providers from entering the field.
Hospital discharge day for Phoua Yang was more like a pep rally.
On her way rolling out of TriStar Centennial Medical Center in Nashville, Tennessee, she teared up as streamers and confetti rained down on her. Nurses chanted her name as they wheeled her out of the hospital for the first time since she arrived in February with COVID-19, barely able to breathe.
The 38-year-old mother is living proof of the power of ECMO — a method of oxygenating a patient's blood outside the body, then pumping it back in. Her story helps explain why a shortage of trained staff members who can run the machines that perform this extracorporeal membrane oxygenation has become such a pinch point as COVID hospitalizations surge.
"One hundred forty-six days is a long time," Yang said of the time she spent on the ECMO machine. "It's been like a forever journey with me."
For nearly five months, Yang had blood pumping out a hole in her neck and running through the rolling ECMO cart by her bed.
ECMO is the highest level of life support — beyond a ventilator, which pumps oxygen via a tube through the windpipe, down into the lungs. The ECMO process, in contrast, basically functions as a heart and lungs outside the body.
The process, more often used before the pandemic for organ transplant candidates, is not a treatment. But it buys time for the lungs of COVID patients to heal. Often they've been on a ventilator for a while. Even when it's working well, a ventilator can have its own side effects after prolonged use — including nerve damage or damage to the lung itself through excessive air pressure.
Doctors often describe ECMO as a way to let the lungs "rest" — especially useful when even ventilation isn't fully oxygenating a patient's blood.
Many more people could benefit from ECMO than are receiving it, which has made for a messy triaging of treatment that could escalate in the coming weeks as the delta variant surges across the South and in rural communities with low vaccination rates.
The ECMO logjam primarily stems from just how many people it takes to care for each patient. A one-on-one nurse is required, 24 hours a day. The staff shortages that many hospitals in hot zones are facing compound the problem.
Yang said she sometimes had four or five clinical staff members helping her when she needed to take a daily walk through the hospital halls to keep her muscles working. ECMO is unusual as life support, because patients can be conscious and mobile, unlike patients on ventilators who often are sedated. This presents its own challenges, however. For Yang, one person's job was just to make sure no hoses kinked as she moved, since the machine was literally keeping her alive.
Of all the patients treated in an intensive care unit, those on ECMO require the most attention, said nurse Kristin Nguyen, who works in the ICU at Vanderbilt University Medical Center.
"It's very labor-intensive," she said one morning, after a one-on-one shift with an ECMO patient who had already been in the ICU three weeks.
The Extracorporeal Life Support Organization said the average ECMO patient with COVID spends two weeks on the machine, though many physicians say their patients average a month or more.
"These patients take so long to recover, and they're eating up our hospital beds because they come in and they stay," Nguyen said. "And that's where we're getting in such a bind."
Barriers to using ECMO are not merely that there aren't enough machines to go around or the high cost — estimated at $5,000 a day or significantly more, depending on the hospital.
"There are plenty of ECMO machines — it's people who know how to run it," said Dr. Robert Bartlett, a retired surgeon at the University of Michigan who helped pioneer the technology.
Every children's hospital has ECMO, where it's regularly used on newborns who are having trouble with their lungs. But Bartlett said that, before the pandemic, there was no point in training teams elsewhere to use ECMO when they might use the technology only a few times a year.
It's a fairly high-risk intervention with little room for error. And it requires a round-the-clock team.
"We really don't think it should be that every little hospital has ECMO," Bartlett said.
Bartlett said his research team is working to make it so ECMO can be offered outside an ICU — and possibly even send patients home with a wearable device. But that's years away.
Only the largest medical centers offer ECMO currently, and that has meant most hospitals in the South have been left waiting to transfer patients to a major medical center during the recent pandemic surge. But there's no formal way to make those transfers happen. And the larger hospitals have their own COVID patients eligible for ECMO who would be willing to try it.
"We have to make tough choices. That's really what it comes down to — how sick are you, and what's the availability?" said Dr. Harshit Rao, chief clinical officer overseeing ICU doctors with physician services firm Envision. He works with ICUs in Dallas and Houston.
There is no formal process for prioritizing patients, though a national nonprofit has started a registry. And there's limited data on which factors make some COVID patients more likely to benefit from ECMO than others.
ECMO has been used in the United States throughout the pandemic. But there wasn't as much of a shortage early on when the people dying of COVID tended to be older. ECMO is rarely used for anyone elderly or with health conditions that would keep them from seeing much benefit.
Even before the pandemic, there was intense debate about whether ECMO was just an expensive "bridge to nowhere" for most patients. Currently, the survival rate for COVID patients on ECMO is roughly 50% — a figure that has been dropping as more families of sicker patients have been pushing for life support.
But the calculation is different for the younger people who make up this summer's wave of largely unvaccinated COVID patients in ICUs. So there's more demand for ECMO.
"I think it's 100% directed at the fact that they're younger patients," said Dr. Mani Daneshmand, who leads the transplant and ECMO programs at Emory University Hospital.
Even as big as Emory is, the Atlanta hospital is turning down multiple requests a day to transfer COVID patients who need ECMO, Daneshmand said. And calls are coming in from all over the Southeast.
"When you have a 30-year-old or 40-year-old or someone who has just become a parent, you're going to call. We've gotten calls for 18-year-olds," he said. "There are a lot of people who are very young who are needing a lot of support, and a lot of them are dying."
Even for younger people, who tend to have better chances on ECMO, many are debilitated afterward.
Laura Lyons was a comedian with a day job in New York City before the pandemic. Though just 31 when she came down with COVID, she nearly died. ECMO, she said, saved her life. But she may never be the same.
"I was running around New York City a year and a half ago, and now I'm in a wheelchair," she said. "My doctors have told me I'll be on oxygen forever, and I'm just choosing not to accept that. I just don't see my life attached to a cord."
Lyons now lives at her parents' house in central Massachusetts and spends most days doing physical therapy. Her struggle to regain her strength continues, but she's alive.
Since it's kind of the wild West to even get someone an ECMO bed, some families have made their desperation public, as their loved one waits on a ventilator.
As soon as Toby Plumlee's wife was put on a ventilator in August, he started pressing her doctors about ECMO. She was in a northern Georgia community hospital, and the family searched for help at bigger hospitals — looking 500 miles in every direction.
"But the more you research, the more you read, the more you talk to the hospital, the more you start to see what a shortage it really is," he said. "You get to the point, the only thing you can do is pray for your loved one — that they're going to survive."
Plumlee said his wife made it to sixth in line at a hospital 200 miles away — TriStar Centennial Medical Center, where Phoua Yang was finishing her 146-day ECMO marathon.
Yang left with a miracle. Plumlee and their children were left in mourning. His wife died before ever getting ECMO — a few days after turning 40.
This story was produced as part of NPR's partnership with Kaiser Health News and Nashville Public Radio.
Healthcare — and how much it costs — is scary. But you're not alone with this stuff, and knowledge is power. "An Arm and a Leg" is a podcast about these issues, and its second season is co-produced by KHN.
Charity care is one tiny provision in the giant Affordable Care Act, and it can make a big difference for patients who face huge bills. How did it get into the law? One Republican senator made sure the ACA required nonprofit hospitals to act more like charities — and less like loan sharks — but he still voted against the whole bill.
The national requirement to offer charity care emerged from the Obama White House's failed courtship of GOP Sen. Chuck Grassley of Iowa. In this episode, we hear how that political tango almost tanked the ACA — and how the battle over the ACA "broke America." Featured are David Axelrod, a former adviser to President Barack Obama; longtime health policy reporter and KHN chief Washington correspondent Julie Rovner; and a top Grassley aide.
This is the second in a four-part series that looks at the (slow, uneven) development of legal protections for consumers (aka patients, aka people who just don't want to die and aren't Bill Gates) against outrageous medical bills and draconian collection practices.
Catch up on the first episode, before or after listening to this one. It's about how a legendary lawyer — the guy who beat Big Tobacco in the 1990s — tried to sue nonprofit hospitals into acting more like charities and less like loan sharks. (He lost, but it wasn't a total dead end; that's where this episode picks up.)
As students head to college this fall, hundreds of schools are requiring employees and students to be vaccinated against COVID, wear masks on campus or both.
But at some schools, partisan politics have bolstered efforts to stymie public health protections.
Events at the University of South Carolina, in a deeply conservative state, demonstrate the limits of political pressure in some cases, even though "South Carolina is a red state and its voters generally eschew mandates," said Jeffrey Stensland, a spokesperson for the school.
As the fall semester approached, Richard Creswick, an astrophysics professor at the University of South Carolina, was looking forward to returning to the classroom and teaching in person. He felt it would be fairly safe. His graduate-level classes generally had fewer than a dozen students enrolled, and the school had announced it would require everyone on campus to wear masks indoors unless they were in their dorm rooms, offices or dining facilities. For Creswick, 69, that was important because he did not want his working on campus to add to the COVID risk for his wife, Vickie Eslinger, 73, who has been undergoing treatment for breast cancer.
But state Attorney General Alan Wilson weighed in early in August, sending a letter to the school's interim president, Harris Pastides, that a budget provision passed by the state legislature prohibited the university from imposing a mask mandate. Pastides, who previously served as dean of the university's school of public health, rescinded the mask mandate, although he encouraged people to still use them.
"We were very upset," Creswick said.
After the university revoked its mask mandate, within days Wilson sent out a campaign fundraising letter touting his intervention in public health measures and stating, "The fight over vaccines and masks has never been about science or health. It's about expanding the government's control over our daily lives."
Creswick and Eslinger, who felt strongly that the mask mandate was indeed about health, filed a lawsuit, arguing that the legislative provision cited by the attorney general did not prohibit a universal mask mandate. The state Supreme Court took up the case on an expedited basis and on Aug. 20 ruled 6-0 in their favor.
The school immediately reinstated its mask mandate and other colleges in the state followed suit.
After the court ruling, Creswick said he heard from professors at several other South Carolina colleges. "They're calling me a hero," he said, sounding bemused.
The attorney general's office didn't respond to a request for comment.
The Centers for Disease Control and Prevention recommends that everyone at colleges and universities wear masks indoors, even if they are fully vaccinated, in locales with substantial or high transmission of the coronavirus. Most of the country meets that standard at this point. The CDC also recommends that colleges offer and promote COVID vaccines.
To be sure, many colleges and universities already require students to mask up or be vaccinated.
As of Aug. 26, the Chronicle of Higher Education had tallied 805 campuses that require at least some employees or students to be vaccinated. Most schools grant exemptions from the vaccine mandate, often for religious or medical reasons. And hundreds of colleges are requiring students and staff members to wear masks on campus this fall, according to a running tally by University Business.
Still, 12 conservative-leaning states prohibit vaccine mandates at higher education institutions, according to an analysis by the National Academy for State Health Policy. The rules vary, and some apply only to public institutions. The group is in the process of analyzing mask mandate bans that apply to colleges and universities.
At Indiana University, a group of students challenged the school's vaccine mandate on the grounds it violated their constitutional right to "bodily integrity, autonomy and medical choice." The U.S. Court of Appeals for the 7th Circuit refused to block the school's policy. The court reasoned the universities can decide what they need to do to keep students safe in communal settings. The students then appealed to U.S. Supreme Court Justice Amy Coney Barrett, who refused without explanation to block the mandate.
Red states with Republican leadership are hardly the only ones where colleges and universities are facing restrictions on their ability to put public health protections in place. But for teachers, whose professions are rooted in encouraging the pursuit of learning and knowledge, prohibitions that fly in the face of science and jeopardize public health can be tough to swallow.
"It's completely demoralizing to realize that our health and safety has been trumped by politics," said Becky Hawbaker, an assistant professor in the College of Education at the University of Northern Iowa in Cedar Falls, Iowa, who is president of United Faculty, the union representing 600 faculty members at the school. "It seems like you know a train wreck is coming and you're sounding the alarm, and no one seems to listen."
At the University of Georgia in Athens in August, a professor who made masks mandatory in his classroom because of his advanced age and health conditions promptly resigned when a student refused to don a mask. Georgia's university system does not mandate masks or vaccines.
In May, Iowa Gov. Kim Reynolds, a Republican, signed a law prohibiting mask mandates at K-12 schools, and within city and county governments. A few days later, the Iowa Board of Regents, which oversees the University of Northern Iowa, the University of Iowa and Iowa State University, lifted emergency rules that had been in place the previous year requiring indoor masking and physical distancing at the colleges.
The University of Northern Iowa held classes in person throughout the past school year, without major problems, using those mask and distancing requirements, Hawbaker said. But with the rise of the delta variant and the increase in COVID cases in the community, now is not the time to remove safety restrictions, the union asserts.
So far, more than 200 people have signed an August letter sent by the union to the Board of Regents requesting mask and vaccine mandates on campus, and classroom changes to allow physical distancing, Hawbaker said.
"Both the Board and our universities recommend and encourage individuals to wear a mask or other face covering while on campus, and anyone who wishes to wear a mask may do so," Josh Lehman, a spokesperson for the board, wrote in an email. The board also supports students and staffers getting COVID vaccines, which are available on campus.
At Clemson University in Clemson, South Carolina, associate professor Kimberly Paul planned a protest with other faculty members in August to push for a mask mandate. After the state Supreme Court ruled in favor of Creswick, Clemson announced a mask mandate until Oct. 8. That stretch covers the period of greatest COVID risk, according to the school's modeling.
Paul and her colleagues want a mask mandate for the entire semester, after which the need can be reevaluated, she said.
"I'm a biologist, and this hits close to home," she said.
With workplace vaccine mandates in the offing, opponents are turning to a tried-and-true recourse for avoiding a COVID-19 shot: the claim that vaccination interferes with religious beliefs.
This article was published on Thursday, September 9, 2021 in Kaiser Health News.
In Northern California, the pastor of a megachurch hands out religious exemption forms to the faithful. A New Mexico state senator will "help you articulate a religious exemption" by pointing to the decades-old use of aborted fetal cells in the development of some vaccines. And a Texas-based evangelist offers exemption letters to anyone — for a suggested "donation" starting at $25.
With workplace vaccine mandates in the offing, opponents are turning to a tried-and-true recourse for avoiding a COVID-19 shot: the claim that vaccination interferes with religious beliefs.
No major denomination opposes vaccination. Even the Christian Science Church, whose adherents rely largely on prayer rather than medicine, does not impose an official policy. It counsels "respect for public health authorities and conscientious obedience to the laws of the land, including those requiring vaccination."
And if a person claims their privately held religious beliefs forbid vaccination, that defense is unlikely to hold up in court if challenged, legal experts say. Although individual clergy members have mounted the anti-vaccine bandwagon, they have no obvious justification in religious texts for their positions. Many seem willing to cater to people who reject vaccination for another reason.
Still, the U.S. Equal Employment Opportunity Commission (EEOC) grants broad leeway to what constitutes a sincerely held religious belief. As a result, some experts predict most employers and administrators won't want to challenge such objections from their employees.
"I have a feeling that not a lot of people are going to want to fight on this topic," said Dr. John Swartzberg, an expert on infectious diseases and professor at the University of California-Berkeley.
The Food and Drug Administration's full approval of the Pfizer-BioNTech vaccine on Aug. 23 could bring the matter to a head. Many government agencies, healthcare providers, colleges and the military had been awaiting the move before enforcing mandates.
California, which abolished nonmedical exemptions for childhood vaccination in 2015, has led the way on COVID vaccine mandates. Democratic Gov. Gavin Newsom's July 26 order for state employees and healthcare workers to be fully vaccinated or submit to weekly testing was the first of its kind, as was a similar declaration Aug. 11 for all teachers and staff at both public and private schools. The 23-campus California State University system joined UC in requiring vaccination of all students and staff, and companies like Google, Facebook and Twitter have announced mandatory proof of employee vaccination for those who return to their offices.
The University of California is requiring proof of vaccination for all staffers and students across its 10 campuses, a decision that potentially affects half a million people. But like many other businesses, it makes room for those who wish to request an exemption "on medical, disability or religious grounds," adding that it is required by law to do so.
Nothing in history suggests that a large number of students or staff members will seek such an out — but then, no previous vaccine conversation has been as overtly politicized as the one around COVID.
"This country is going to mandates. It just is. Every other alternative has been tried," said Dr. Monica Gandhi, an infectious diseases expert at UC-San Francisco. "That phrase, 'religious exemption,' is very big. But it's going to be quite hard in the current climate — in a mass health crisis, with a vaccine in place that works — to just let any such religious claims go."
Indeed, while pop-up anti-vaccine churches have long offered reluctant parents ways to exempt their kids from shots, these days churches, internet-based religious businesses and others seem to be offering COVID vaccination exemptions wholesale.
Dr. Gregg Schmedes, a Republican state senator and otolaryngologist in New Mexico, used an Aug. 19 Facebook post to direct healthcare workers "with a religious belief that abortion is immoral" to a site that attempts to catalog the use of cells from aborted fetuses to test or produce various COVID vaccines. One U.S.-distributed vaccine, the Johnson & Johnson product, is made using a cell culture that partly originated in retinal cells from a fetus aborted in 1985.
Yet the Vatican has deemed it "morally acceptable" to get a COVID vaccination. In fact, Pope Francis declared it "the moral choice because it is about your life but also the lives of others." In an increasing number of dioceses — Chicago, Philadelphia, Los Angeles and New York, among others — bishops have instructed priests and deacons not to sign any letter that lends the church's imprimatur to a request for religious exemption.
Schmedes did not respond to questions posed by KHN via email.
In the Sacramento-area city of Rocklin, meanwhile, a church that openly defied Newsom's COVID shutdown orders last year has handed out hundreds of exemption letters. Greg Fairrington, pastor of Destiny Christian Church, told attendees at a church service, "Nobody should be able to mandate that you have to take a vaccine or you lose your job. That's just not right, here in America."
EEOC guidelines suggest that employers make a "reasonable accommodation" to those with a sincerely held religious objection to a workplace rule. That might mean moving an unvaccinated employee to an isolated part of the office, or from a forward-facing position to one that involves less interpersonal contact. But the employer isn't required to do anything that results in an undue hardship or more than a "de minimis" cost.
As for the objection itself, the commission's advice is vague. Employers "should ordinarily assume that an employee's request for religious accommodation is based on a sincerely held religious belief," the EEOC says. Employers have the right to ask for supporting documentation, but employees' religious beliefs don't have to hew to any specific or organized faith.
The distinction between religion and ideology is blurring among those seeking exemptions. In Turlock, California, a preschool teacher was provided an exemption letter by her pastor, who offered the documents to those who felt taking a vaccine was "morally compromising." Asked by KHN via direct message why she sought the exemption, the woman said she didn't feel comfortable being vaccinated because of "what's in the vaccine," then added, "I personally am over 'COVID' and the control the government is trying to implement on us!" Like other exemption seekers, even those who have posted in Facebook anti-vaccine groups, she feared having other people know she sought an exemption.
A surgical technician working at Dignity Health, which has ordered its employees to be fully vaccinated by Nov. 1, said she was awaiting a response from the company's human resources department on her request for a religious exemption. She freely explained her reasons for applying by referencing two Bible passages and listing vaccine ingredients she said are "harmful to the human body." But she didn't want anyone to know she applied for the religious exemption.
A state's right to require vaccination has been settled law since a 1905 Supreme Court ruling that upheld compulsory smallpox vaccination in Massachusetts. Legal experts say that right has been upheld repeatedly, including in a 1990 Supreme Court decision that religiously motivated actions aren't insulated from laws, unless a law singles out religion for disfavored treatment. In August, Supreme Court Justice Amy Coney Barrett declined, without comment, a challenge to Indiana University's rule that all students, staff and faculty be vaccinated.
"Under current law it is clear that no religious exemption is required," Erwin Chemerinsky, dean of UC-Berkeley's law school, told KHN. Clearly, that is not preventing people from seeking one.