A provision in California's newly approved state budget will eliminate the asset test for the 2 million Californians enrolled in both Medi-Cal and Medicare.
This article was published on Tuesday, July 20, 2021 in Kaiser Health News.
SACRAMENTO, Calif. — Getting clean drinking water cost Ignacio Padilla his health insurance.
The World War II veteran needed to repay the loan for the water pump installed on his 1-acre property in rural Tulare County, the only source of water to his mobile home. He carefully socked away a few thousand dollars so he could make the payoff — only to find that those savings put him over the asset threshold to remain on Medi-Cal, California's Medicaid program for low-income people. He was booted from the health insurance program in 2019.
It wasn't an emergency at the time. Padilla still had coverage from Medicare and the Department of Veterans Affairs, and he could live an independent, if remote, life.
But now Padilla is 95 and has congestive heart failure. His children are trying to get him back on Medi-Cal so it can eventually cover the costs for nursing home care.
His older daughter, Emily Ysais, worries that Padilla's finances — limited though they are — will again disqualify him. He gets $1,100 a month from his pension and Social Security. If Veterans Affairs approves the monthly caregiving stipend she helped her dad apply for, it could tip him over the limit of Medi-Cal's "asset test."
"Our hands are tied," said Ysais, 67. "It's hard to keep figuring out a way to take care of him."
Change is coming, though perhaps not soon enough for Padilla. A provision in California's newly approved state budget will eliminate the asset test for the 2 million Californians enrolled in both Medi-Cal and Medicare, the federal health insurance program for people 65 and older and people under 65 with certain disabilities. Instead, their financial eligibility will be based solely on income, as it is for the millions of other people in Medi-Cal.
The elimination of the test will be a game changer for aging or impaired Californians who need long-term care but are caught in a common conundrum: They don't earn enough to cover the high costs of ongoing nursing home care and can't rely on Medicare, which does not cover extended nursing home stays. They can get that care through Medi-Cal, but they would have to wipe out their savings first.
The 2021-22 state budget deal includes several provisions that will make it easier to get on and stay on Medi-Cal, including the elimination of the asset test. Everyone 50 and over will be eligible, regardless of immigration status. And new mothers will be allowed to remain on Medi-Cal for one year after giving birth, up from 60 days.
The budget also includes $15 million over the next three years, starting this year, to develop online enrollment forms and translate them into multiple languages, and $8 million for counties to help some people who get in-home care stay enrolled.
California has a strong Medi-Cal takeup rate, with 95% of eligible people enrolled, said Laurel Lucia, director of the healthcare program at the Center for Labor Research and Education at the University of California-Berkeley. But of the remaining uninsured people, about 610,000 qualify for Medi-Cal, she said.
"We are doing well, but so many people are eligible and not enrolled," Lucia said. "The barriers to Medi-Cal enrollment and retention are really multifaceted, so the solutions have to be as well."
This is an especially volatile moment for the program, which covers 13.6 million Californians. The state is trying to improve the quality of care by renegotiating its contracts with managed-care insurance companies. At the same time, Gov. Gavin Newsom and the state Department of Healthcare Services are proposing a massive overhaul that would provide more services to homeless people and incarcerated people and boost mental healthcare.
Meanwhile, Medi-Cal enrollment continues to grow: State officials estimate enrollment will balloon to 14.5 million this fiscal year, which began July 1.
The changes to Medi-Cal that were approved in the budget include an expansion that Democratic lawmakers have been seeking for years: California already allows eligible unauthorized immigrants up to age 26 to receive full Medi-Cal benefits. Starting next spring, that will expand to people 50 and up.
State officials estimate about 175,000 people will enroll in the first year, with an additional 3,600 people signing up every year thereafter, eventually costing the state $1.3 billion annually.
And, starting next July, new mothers will be able to stay on Medi-Cal for up to one year after giving birth. By 2027, the additional coverage is expected to cost the state about $200 million a year.
Assembly Republican Leader Marie Waldron (R-Escondido), who said she supports expanding eligibility for the program in limited circumstances, was the author of a bill to allow incarcerated people to enroll before they're released that was ultimately folded into the budget and will take effect in 2023.
But she said the changes in this year's budget go too far.
"Expensive government-run healthcare doesn't really work, and most voters don't want to pay for it," Waldron said. "But California Democrats seem to think everyone will love it once they are on it, which is not true. It's creeping socialism."
The elimination of the Medi-Cal asset test for older Californians and those with certain disabilities, which takes effect July 1, 2022, marks a dramatic change to the program. Officials estimate it will cost the state roughly $200 million a year once fully implemented because of the increased enrollment.
Right now, these people can't qualify for Medi-Cal if they have saved more than $2,000. For couples, it's $3,000. Complicated rules dictate what counts as an "asset" and what doesn't: A house doesn't count and neither does one car, but a second car does. Engagement rings and heirlooms are fine, but other jewelry counts toward the limit.
Ultimately, the test favors individuals and families who can navigate the rules and find ways to hide money in exempt accounts, said Claire Ramsey, a senior attorney with Justice in Aging.
"You create administrative hurdles, which keeps people artificially off the program," Ramsey said. "If it's hard for the lawyers to understand all the rules, what does that mean for the average person who's just trying to have health insurance?"
The federal Affordable Care Act eliminated the asset test for most Medicaid enrollees, basing financial eligibility exclusively on income, but left out people who qualify for both Medicaid and Medicare.
This is especially important when it comes to expensive long-term care, like nursing homes, which can cost $10,000 a month, said Patricia McGinnis, executive director of California Advocates for Nursing Home Reform.
Medicare covers nursing home care only in limited circumstances and for up to 100 days. After that, patients must find another way to pay, either out-of-pocket or through Medi-Cal. Because many people don't qualify for Medi-Cal if they have too much money or other assets, they have to spend through their savings and shed their belongings before they can get on the program.
"Thousands and thousands of people have become impoverished to afford nursing home care," McGinnis said. "You want free medical care? You're going to have to spend every penny you have to get it."
A state Assembly analysis estimated that 17,802 additional Californians would have become eligible in 2018 if the asset test hadn't been required. Of those, 435 were in long-term care, and over the course of the year, 263 spent their money or gave away their assets to qualify for Medi-Cal.
Assembly member Wendy Carrillo (D-Los Angeles), the author of the asset test bill that was folded into the budget, sees eliminating the requirement as part of a larger movement toward universal coverage, in line with efforts to expand Medi-Cal to older unauthorized immigrants or establish a single-payer system.
"We need to aggressively and proactively work on legislation that gives more people coverage," Carrillo said. "And until we have universal healthcare, these are the steps necessary to ensure that."
SACRAMENTO, Calif. — The best part about returning to the pandemic-besieged state Capitol is that the elected officials are so unused to seeing us reporters after more than a year that some are occasionally extra chatty. The bad part is that the masks make it harder to eavesdrop on the rest of them.
Much like the rest of the state — which is navigating ever-changing COVID rules, such as whether vaccinated people should wear masks or how far apart schoolkids should be (3 vs. 6 feet) — the building is subject to a tangle of shifting requirements. All of us — the lawmakers, their staff, the press and the tourists — are making mistakes.
When I reemerged at the Capitol to cover recent budget negotiations, I immediately committed a cardinal sin of pandemic life: I shook the hand of an Assembly member. It's one of those mistakes you immediately realize you've made, like calling your teacher "Mom."
Thankfully, she brushed it off but returned after our conversation to wordlessly offer me a squirt from a giant bottle of hand sanitizer. Probably best practices for anyone talking to the press.
Resurfacing from our pandemic isolation can get confusing. Most California workplaces no longer require vaccinated workers to be masked, in accordance with the June 17 guidance from the state's Occupational Safety & Health Standards Board. The Capitol, where 85% of members and staffers are fully vaccinated — compared with about 61% of eligible Californians — also dropped its mask mandate for vaccinated employees.
That is, until an outbreak erupted in early July, when nine Assembly staffers — eight from the same office — tested positive. Four of them say they were fully vaccinated.
That's a lot of bad luck, considering so-called breakthrough cases are said to be rare. According to the California Department of Public Health, there have been 10,430 COVID cases out of 20.4 million fully vaccinated people as of July 7, a rate of 0.051% of vaccinated people getting sick.
Some post-vaccination infections are to be expected, said Dr. Kirsten Bibbins-Domingo, who chairs the department of epidemiology and biostatistics at the University of California-San Francisco. And once a positive test pops up, you're bound to find more. In this situation, testing likely uncovered asymptomatic cases that would otherwise have gone unnoticed, she said.
In a letter to staff on July 9, Assembly Speaker Anthony Rendon and Senate leader Toni Atkins implored everyone to get vaccinated. But, so far, inoculation isn't required, even though there should "absolutely be a vaccine mandate" for the Capitol, Bibbins-Domingo said.
Meanwhile, masks are back for anyone who works in the building, and unvaccinated employees must be tested in the basement twice a week.
Visitors face all the security measures you'd expect for anyone entering a government building (metal detectors and TSA-esque bag screenings). They are advised to wear masks with at least two layers of protection and must submit to a temperature check by security guards, who, through thin slits in plexiglass barriers, aim thermometer guns at visitors' foreheads.
As I entered the building one recent morning, a gaggle of tourists loitered outside, staring at their phones trying to figure out what to do — like people hoping to get into an exclusive new club. They had all forgotten their masks and didn't know whether they could get in, but security guards were more than happy to hand out garden-variety surgical masks.
Even "Bacteria Bear," the 800-pound bronze legacy of the Schwarzenegger administration, is masked. However, it's not fully business-as-usual for the bronze statue, which guards the entrance to the governor's offices. He's roped off with strict warnings not to touch. (In hindsight, maybe officials should never have invited hundreds of germy tourists to rub their hands all over him.)
Some semblance of normalcy is creeping back into the building. Small groups of tourists roam the halls to look at exhibits, state police guard the exits and give directions to lost reporters (me), and a handful of staffers shuffle between committee rooms and offices.
Though it's much quieter than usual, and most lawmakers aren't allowing drop-in visits by constituents, the actual work of legislating doesn't look much different.
Lawmakers left town Thursday for a month for summer break, and in the past few days have rushed to pass a few dozen budget bills and wrap up committee hearings. As they deliberated, close talking, back-patting and corner huddling were common. But this time they were masked.
California's state Capitol was not built for a pandemic. Members' desks are arranged with little separation between them, and though the ceilings are high (and ornately decorated), airflow is minimal.
"This building isn't well ventilated," said Assembly member Jim Wood (D-Santa Rosa), who chairs the Assembly Health Committee. "It's like an airplane in here; you can't even open the windows."
The novelty of working around people again is producing strange experiences. I'm used to pestering lawmakers and their staffers for interviews, but in the back of the Assembly's mint-green chamber, where reporters have always been quarantined regardless of the pandemic, a member came up to me to introduce herself. It's been so long since she's seen a reporter back here, she said, she just had to come over and say hello.
The state Senate chamber, which favors red and pink, feels a little more COVID-cautious than the lower house down the hall. Although state officials have repeatedly said there will be no "vaccine passports" required in California, they're alive and well for reporters trying to get near senators.
Along with our credentials, journalists need passes, printed on purple paper with the Senate seal, to get onto the chamber floor. The Capitol nurse distributes the passes only after reporters provide proof of vaccination or a recent negative COVID test.
In the Senate's smaller and more intimate chamber, there's plexiglass around the dais up front, a few members' desks and a microphone near the back.
And in the rear of the chamber, a lone "press only" desk is surrounded in clear plastic on three sides. I'm beginning to suspect they think we may be more virulent than the general public.
On a sweltering June morning, Novavax CEO and COVID vaccine maker Stanley Erck stood on a stage unmasked and did something that would have been unthinkable six months ago: He shook hands with Maryland's governor.
Erck was with Gov. Larry Hogan to announce Novavax's global vaccine headquarters ― a campus expected to house laboratories and more than 800 employees. Hogan called Novavax's future "bright" and marveled that more than 71% of the state's adults had received at least one shot.
None of those was a Novavax vaccine, which is still unavailable for the American public due to delayed clinical trial results and other difficulties. Hogan, for his part, received his first vaccine dose ― made by fellow biotech upstart Moderna ― in January.
"As you can imagine, we're eager to receive our own," said John Trizzino, Novavax's chief commercial officer and interim chief financial officer. Its two-dose COVID vaccine, which showed overall 90.4% efficacy in key U.S. and Mexico trials, has yet to be authorized. "In the meantime," Trizzino said, "we've had to use one of the existing licensed vaccines and we look forward to the booster" made by Novavax.
Looking forward has kept Novavax afloat for decades ― along with its deep ties to grant makers and federal agencies. With its focus on developing vaccines, including for the SARS and MERS pandemics, Erck argues Novavax is "built for this moment." Still, the 34-year-old startup has never brought one to market.
Novavax's quest to scale up operations underscores how difficult it can be to launch a vaccine ― even with the formula and technology in hand. So what happened? It has had the financial backing of the U.S. government and full faith of international agencies. Everything took longer than expected: hiring necessary researchers and scientists, getting supplies and transferring its vaccine technology. It didn't move at warp speed.
America is awash with vaccine options, and Novavax does not plan to file for regulatory authorizations until late July at the earliest. The delay could have dire consequences for people across the globe awaiting a vaccine.
"We're not making aspirin," Trizzino said. "We're making a very complicated biological."
A Moonshot Goal
A year before the COVID pandemic hit, Novavax had a failed late-stage trial on a potential respiratory virus vaccine, after which it cut its workforce and sold off all its manufacturing capabilities. So, when more than $2 billion in federal and international funding landed at its doorstep, Novavax found itself developing both "a vaccine and a company" in 12 months, said Dr. Gregory Glenn, president of research and development.
Novavax's proprietary secret ingredient is Matrix-M, an immune booster. Executives say the additive ― derived from Chilean soapbark trees ― works so well that less of an antibody-producing antigen would be needed with it in a vaccine. One financial filing said Matrix-M "has the potential to be of immense value."
Equipped with its recombinant nanoparticle vaccine mixed with Matrix-M, Novavax deployed a core team of employees, dubbed "SuperNOVAs," to crisscross the globe. They assembled a manufacturing network and shared vaccine technology in India, South Korea, Spain, Japan and the Czech Republic as well as in the United States ― about 20 contract manufacturing and test sites in all.
"This takes time and expertise," Trizzino said. "You just simply can't hand over the recipe and then walk away from it and expect you're going to have a high-quality product."
Novavax is contracted to form the backbone of the COVAX initiative, having promised 1.1 billion doses starting this year for developing countries. And while President Joe Biden announced the U.S. would donate 500 million doses of the Pfizer-BioNTech vaccine abroad, Novavax is still seen as vital to urgent efforts worldwide to battle the virus and its variants.
Novavax's moonshot goal of producing 2 billion shots a year increasingly looks like a pipe dream for 2021. "It is very hard to accept that they will make 2 billion doses as they had originally committed. I'm very skeptical," said Prashant Yadav, a healthcare supply chain expert and senior fellow at Harvard's Center for Global Development.
One of Novavax's biggest challenges, Yadav said, is relying on "so many sites" that aren't fully under its control, while other manufacturers own their plants. The more places Novavax produces the vaccine, the more challenging it is to make sure the vaccine and its elements are comparable in every place.
When Novavax executives announced another delay in May, the company's stock plummeted to $121 a share ― down 62% from a high of about $319 in February. As the company's fortunes rose last year, Novavax executives cashed out tens of millions of dollars in common stock, according to securities filings. Last year, after the company benefited from grants and government contracts, CEO Erck sold $9.3 million in company shares, Glenn sold $14 million, and Trizzino sold $11.3 million.
Those top executives continued selling in 2021. Erck sold more than $22.5 million worth of common stock in early July.
Novavax executives use trading plans, and the sales often appear at the same time each month. In June, after Novavax announced its long-awaited U.S. and Mexico clinical trial results, Glenn sold more than 8,000 shares for $1.5 million. As a measure of the company's spectacular rise in the pandemic, Glenn purchased 1,000 shares of stock in December 2016 for the price tag of just $1,446.
Novavax spokesperson Amy Speak said the company has programs in place to ensure best practices on stock sales. "Most people, including our executives, sell stock for a wide variety of reasons," she said, adding that Novavax's executives have "generally sold a fraction of their overall holdings in the company."
Charles Duncan, a biotechnology research analyst at Cantor Fitzgerald, called Novavax a "show me" investment in May. "It's one thing to have a place to make it," he said. "It's another thing to be able to make it there and get it certified."
'Hadn't Heard of COVID-19'
John Kutney, Novavax's senior director of manufacturing, joined a BioBuzz video in December, in an effort to recruit urgently needed talent. Kutney described the technology transfer as taking a recipe and teaching it to others. With that mission, he has traveled to the Czech Republic, Spain and the United Kingdom as well as Texas, North Carolina and New England.
When Novavax began work on its vaccine in January 2020, "most of us hadn't heard of COVID-19 and we were only beginning to become aware of what was happening in China," Kutney said. Novavax adapted its established vaccine platform to the new virus and then had to scale and transfer it to larger manufacturing sites, build a global supply chain and develop a regulatory strategy for emergency use.
"These steps would normally take years," he said.
The key step of transferring Novavax's vaccine technology can take three to six months, depending on the quality of the partner's team. Once equipment and raw materials are secured, the teams start with small batches ― first with a 50-liter bioreactor, then a 200-liter and eventually a 2,000-liter bioreactor, checking to make sure the partner operators know the process every step of the way.
"What we're trying to do here is not easy," said Fred Shemer, Novavax's vice president of quality systems and compliance, in the video: "It's a challenging situation."
In March 2020, Novavax received the first $4 million of nearly $400 million pledged by the Coalition for Epidemic Preparedness Innovations. CEPI is a global alliance backed by the Bill and Melinda Gates Foundation, which previously supported Novavax with $89 million for a vaccine for a common respiratory virus.
CEPI's investment jump-started Novavax's technology transfer to plants across Europe and Asia. It helped Novavax partner with SK bioscience in South Korea and paid for ramping up production at Praha Vaccines, which Novavax eventually bought, in the Czech Republic. It also supported scaling up production of Matrix-M at facilities in Sweden and Denmark.
Operation Warp Speed awarded $1.6 billion in July 2020 to Novavax so it would produce 100 million doses ― one of the largest awards from the Trump administration's vaccine incubator. It was "kind of a stunning number for us," Trizzino said. In December, officials bumped the total to $1.74 billion with no changes to the previous contract. Novavax also has a $60 million contract with the Department of Defense for 10 million doses.
Paul Mango, a former senior official at the Department of Health and Human Services, said it wasn't a "big concern" for the Trump administration that Novavax had no successful vaccine. After all, that was also true for Moderna, which went on to launch its wildly successful mRNA vaccine.
Operation Warp Speed's personnel resources and financial support would help carry the day. "We thought we could do it," Mango said.
At the time, Trump officials invested in several vaccine platforms to hedge bets because it wasn't known what would work, if any. "We didn't want to put all our eggs in mRNA," he said. "We didn't want to put all our eggs in viral vector," the platform used by Johnson & Johnson and AstraZeneca. Novavax's technology uses a more established process with a baculovirus grown inside insect cells in a bioreactor.
"It was very important to have that array of technologies," Mango said. "We had to pick the ones that had the best early results and the ones we thought could go through clinical trials before the spring of 2021."
Novavax scientists have spent years collaborating with officials at federal agencies such as the National Institutes of Health, National Institute of Standards and Technology, and Walter Reed National Military Center ― sometimes hiring from their ranks. In 2011, Novavax signed a $179 million contract to develop a seasonal and pandemic influenza vaccine with BARDA, the Biomedical Advanced Research and Development Authority.
As concerns about COVID-19 rose, Novavax and BARDA began another negotiation, but Operation Warp Speed officials "stepped over the top," Trizzino said. They asked Novavax what it would take to ramp up large-scale manufacturing, run a 30,000-subject clinical trial and the follow-on trials, and produce millions of doses.
"They said, 'Do all these things in parallel paths. You don't worry about the funding risk. You do the work and we'll pay for those activities,'" Trizzino recalled.
Troubles in Texas
It was a tall order. Novavax had worked with Emergent BioSolutions and signed a contract for manufacturing in early 2020, but BARDA pushed Novavax to partner instead with Fujifilm Diosynth Biotechnologies and its plants in North Carolina, Texas and the U.K.
In retrospect, Trizzino said, Novavax "dodged a bullet." Production problems at Emergent's Baltimore plant led to contamination or suspected contamination of millions of Johnson & Johnson and AstraZeneca doses, and in June federal regulators declared 60 million J&J doses unusable, The New York Times first reported.
Fujifilm's Texas site, like Emergent's plant in Baltimore, was set up in the aftermath of the 2009 H1N1 pandemic to better prepare federal officials for the next one. It received $265 million last July to quickly boost manufacturing capacity, according to a federal contract.
The site began production in January but had to slow the cadence of its manufacturing lines for "troubleshooting" during Novavax's technology transfer process, Fujifilm spokesperson Christine Jackman said. The plant is producing the Novavax vaccine and another undisclosed COVID vaccine.
Trizzino said Fujifilm's site in North Carolina was up and running quickly, but Texas didn't have as much experience so "it's taken us a bit longer to ramp that up." A March inspection by the Food and Drug Administration found overcrowded and unorganized storage areas, a failure to consistently follow cleaning procedures and questions about why there was a backlog of batches, according to documents obtained by KHN in response to a public records request. The backup formed because bulk drug substance was being made faster than the facility could review produced batches, Fujifilm's Jackman said.
FDA inspectors called Fujifilm's operations "sub optimal quality," according to an April response memo written by Gerry Farrell, Fujifilm's chief operating officer for the facility. He said the criticism resonated and promised a thorough review with fixes completed in April and May.
Novavax and Fujifilm work closely to ensure all batches are reviewed and inspected by both companies' quality control teams, said Speak, the Novavax spokesperson. The number of doses produced in Texas to date have not met projections. However, responding to federal inspections in Texas has not delayed Novavax's vaccine development because Fujifilm's North Carolina plant is the primary supplier of vaccine doses for the initial federal approval, Speak said.
Novavax's manufacturing process is complicated because the vaccine is made in steps in different places. One plant makes the protein antigen, and another makes the adjuvant. Then the two components go to a final fill-and-finish facility where they are combined into 10-dose vials.
Its Matrix-M relies on quillaja extract from soapbark trees. The extract is also an additive in root beer and Slurpees. Novavax warned investors in its December 2020 financial filings that an inability to secure enough of the extract could delay production and prevent it from meeting "obligations under our various collaborations and supply agreements." Still, Trizzino said that supply is "not an obstacle to total number of doses."
Supply shortages have plagued the industry. For Novavax, those supplies included 2,000-liter bioreactor bags, used to culture cells; depth filters for the purification process; and the growth media, which is used to feed the cells.
Not having raw materials forced Novavax to trim the number of test batches that manufacturing lines could run. It has also taken longer to create quality control tests, known as assays, to ensure that vaccines are consistent and establish a standard quality for all subsequent batches. Those delays slowed the company's ability to properly train operators, Trizzino said.
Novavax is working to reach "a level of comfort that we're able to produce these batches and then go to full capacity," Trizzino said. Novavax is working to complete the final phases of validating those tests.
Too Late?
At the headquarters event, Glenn acknowledged that Novavax is late to the game. But the global demand is still enormous, he stressed.
"We know that 2 billion people worldwide have received at least one shot," he said, "but there are 6 billion people that need to be inoculated."
The company is working to prove its vaccine will be useful even after the pandemic is contained. With its Matrix-M adjuvant, Novavax is testing a combined flu and COVID vaccine, which is showing strong results in ferrets and hamsters. Novavax is also focused on booster shots.
Novavax joined mix-and-match trials this spring in the U.K. to test whether its vaccine works when paired with Moderna, Pfizer or AstraZeneca's vaccines. Glenn said the results, so far, have been promising that "we're going to be able to use our vaccine after other licensed vaccines."
First, though, "the world has to collectively, as one, really stymie this global pandemic," said Dr. Dawd Siraj, a University of Wisconsin professor specializing in infectious diseases.
Siraj said Novavax's delays shouldn't cast doubt on the quality of the vaccine itself, given the positive trial results it has reported globally.
The shot is a "very good vaccine," he said, that could help turn the tide in developing countries unable to support their own vaccine development.
"Let us never miss the most important point here," Siraj added. "Anyone who is getting a vaccine that is approved, the chances of dying, the chances of requiring ICU care, the chances of requiring a ventilator and high-flow oxygen, they almost disappear."
President Joe Biden's executive order of July 9 included various steps toward making good on campaign promises to take on pharmaceutical companies by allowing the importation of prescription drugs and curbing the high cost of medicines.
These issues were key to candidate Biden's 2020 healthcare platform, which stated he would "stand up to abuse of power" by drugmakers. Biden promised on his campaign website that he would allow consumers to buy prescription drugs from other countries, as long as the Department of Health and Human Services deemed it safe. In speeches, candidate Biden also pledged to bring down drug costs by 60%.
Nearly six months into his term, Biden issued an executive order on promoting economic competition, which included moves toward fulfilling these promises.
KHN has teamed up with our partners at PolitiFact to analyze Biden's promises during the 2020 presidential campaign — and, so far, experts generally say the jury is still out on how meaningful these efforts will be.
Drug Importation
Promise: "To create more competition for U.S. drug corporations, Biden will allow consumers to import prescription drugs from other countries, as long as the U.S. Department of Health and Human Services has certified that those drugs are safe."
The July 9 executive order directed the Food and Drug Administration commissioner to work with states to develop a program allowing prescription medications to be brought in from other countries, particularly Canada.
However, several drug pricing experts told us that, of all the policy ideas aimed at reducing the cost of drugs, importation seems the least likely to happen.
"Other countries are not interested in facilitating this," said Benedic Ippolito, a senior fellow in economic policy studies at the American Enterprise Institute.
Matthew Fiedler, a fellow with the USC-Brookings Schaeffer Initiative for Health Policy, agreed.
"This policy is unlikely to ever work as intended because Canada is unlikely to allow the export of drugs to the United States," Fiedler wrote in an email.
That's because drug manufacturers would then probably demand higher prices in Canada, since those would become the de facto U.S. prices, he said. "That would cause a big increase in prices in Canada that Canada likely wishes to avoid."
This is not the first time a president has suggested importing drugs, notably from Canada. President Donald Trump put forward the same idea during his time in office. Democrats and Republicans alike have supported similar proposals.
During the Trump administration, a rule was finalized allowing states to seek the FDA's permission to import drugs. Several states then passed laws to that end, but Florida is the only state to have formally applied to the FDA. The agency has yet to make a decision on the request.
The Pharmaceutical Research and Manufacturers of America, the trade industry group representing major pharmaceutical companies, sued HHS in 2020 in an attempt to get this drug importation rule overturned. The litigation is ongoing, though the Biden administration has asked for the case to be dismissed.
In a May court filing, the administration argued the case was pointless because it's unclear whether any state importation plan would be approved anytime soon.
Canada has signaled its concern that exporting drugs to the U.S. could trigger shortages within its borders, and after the Trump-era rule was finalized, the country moved to block bulk exports of medications in short supply.
Still, Rachel Sachs, a law professor and drug pricing expert at Washington University in St. Louis, said Biden's "rehabbed" policy isn't a bad thing.
"Drug pricing has been a big problem for several years now, and there are many policy ideas on the table. We don't lack for policy ideas — we lack for actual implementation of those ideas," Sachs wrote in an email. "So I don't think it's concerning at all if the administration chooses to advance existing policy ideas rather than developing new ones from scratch."
It's also important to remember that Biden has just released an executive order directing that these things happen. It is just a first step in a long line of steps, including issuing rules and allowing time for public comment.
That means details of how this importation policy would work are not yet available. The executive order calls for a report to be issued 45 days afterward with a plan outlining specific efforts to reduce prescription drug prices.
"I assume we'll know more then," Sachs said.
The High Cost of Drugs
Promise: "I'm going to lower prescription drugs by 60%, and that's the truth."
On this pledge, the recent executive order outlined the president's vision for how to proceed.
The order included an initiative designed to shore up the approval framework for generic drugs and biosimilars, working with the Federal Trade Commission to address efforts to impede competition for these types of drugs and help Medicare and Medicaid incorporate new payment models to cover them.
Experts so far have offered measured reactions.
The administrative actions outlined in this executive order do have the potential to reduce prescription drug prices, said Fiedler of the USC-Brookings Schaeffer Initiative. But it depends on more than just what the order says.
"In each of these areas, whether prices actually fall will depend on the details of the proposals the administration ultimately puts forward," Fiedler wrote in an email. "However, these are all areas where there are opportunities to make changes that would have a meaningful impact."
Again, more will be known in 45 days, the deadline for the release of the plan to reduce prescription drug prices.
It's important to note that the FTC is an independent agency, so Biden's principal means of influencing drug policy comes from his appointments to the agency, said Fiedler. It does seem likely, though, he added, that the newly appointed FTC chair would be sympathetic to cracking down on market conduct that delays the entry of generic drugs or biosimilars.
Still, reducing drug prices by 60% would require legislation, said the AEI's Ippolito.
"And the most disruptive drug pricing reforms — those that could even sniff that kind of price reduction — are also the most unlikely to pass," Ippolito wrote in an email. "In short, I suspect that this executive order isn't going to make much headway."
Trump also promised last year on the campaign trail that he would lower drug prices by 60%, after repeatedly promising to reduce medication costs during his four years in office. However, little progress was made toward that goal despite several related executive orders in 2020.
While Biden's executive order has a different focus than most of the Trump-era drug pricing orders, the Biden administration has signaled it may still be open to embracing some of those policies.
Trump's directives focused on rebates paid to pharmacy benefit managers being rerouted to beneficiaries, reducing the cost of insulin by compelling federally qualified health centers to make the drugs available at low prices to low-income people, importing drugs from Canada and tying drug prices to the prices paid in other countries.
Three proposed rules that resulted from Trump's orders are being kept around by the Biden administration — at least for the time being. One is the "Most Favored Nation Model." This rule is supposed to match U.S. prices for certain classes of drugs with the lower amounts paid in countries that negotiate drug prices.
According to Politico, the Biden administration's regulatory office received the rule this month, which means there may be a new public comment period before the rule is finalized — though it's likely this would take some time.
And, of course, there's the pending Trump administration rule on drug importation, currently tied up in court.
Trump's rebate rule, meanwhile, has also been delayed. The Biden administration pushed back its effective date to January 2023. Freezing the rule was part of the Biden administration's policy to review any rules finalized in the final months of Trump's term.
No other Trump drug pricing efforts made much headway. Instead, they drew a fair amount of industry pushback.
And it remains to be seen whether Biden's directives will fare any better.
Experts agreed that most likely congressional action would be needed to achieve a 60% reduction in prices. With over three years left in Biden's term, who knows what could still happen?
Colorado, and most of the nation, has now moved into a new phase involving targeted efforts and individual interactions and using trusted community influencers to persuade the hesitant to get jabbed.
This article was published on Friday, July 16, 2021 in Kaiser Health News.
Horns blared and drums pounded a constant beat as fans of the Mexican national soccer team gathered recently at Empower Field at Mile High in Denver for a high-profile international tournament.
But the sounds were muted inside a mobile medical RV parked near the stadium, and the tone was professional. During halftime of Mexico's game against the U.S., soccer fan Oscar Felipe Sanchez rolled up his sleeve to receive the one-dose COVID-19 vaccine.
Sanchez is a house painter in Colorado Springs. After getting sick with COVID a few months ago, he thought he should get the vaccine. But because of the illness, he was advised to wait a few weeks before getting the shot. Asked if he's glad he got it, Sanchez answered through a translator: "Yes! He's more trusting to go out."
Bringing the mobile vaccine program to an international soccer match was the latest effort by the state of Colorado and its local partners to meet unvaccinated residents wherever they are, rather than ask them to find the vaccine themselves.
Long gone are the days in early spring when vaccine appointments were snatched up the instant they became available, and healthcare workers worried about making sure patients were eligible under state and federal criteria for age and health status.
Colorado, and most of the nation, has now moved into a new phase involving targeted efforts and individual interactions and using trusted community influencers to persuade the hesitant to get jabbed.
With about half of Colorado's 5.78 million people now fully immunized, the challenge cuts across all demographic groups. According to the state's vaccination dashboard, men are slightly more hesitant than women and rural residents are more hesitant than urban dwellers. Younger Coloradans have been less likely than their elders to prioritize the shots.
But perhaps no group has been harder to get vaccinated than Coloradans who identify as Hispanic. Despite Hispanics making up more than 20% of the state population, only about 10% of the state's doses have gone to Hispanic residents, according to the state's vaccination dashboard.
The gap is not as wide nationally: Hispanics, or Latinos, make up 17.2% of the U.S. population, and 15.8% of people who have gotten at least one dose — and whose race/ethnicity is known — are Hispanic.
At first, the gap in Colorado seemed to be an issue of inadequate access to healthcare. Nearly 16% of Hispanic Coloradans are uninsured, according to a KFF report. That's more than double the rate for white Coloradans. That disparity may play a role, even though the vaccine itself is free, with no insurance requirement.
Denver has hit the 70% threshold for resident vaccination, but some Latino neighborhoods are getting vaccinated at much lower rates, according to Dr. Lilia Cervantes, an associate professor in the department of medicine at Denver Health.
"There are some very high-risk neighborhoods where most of the community are first-generation or foreign-born individuals," said Cervantes. "And that is where we're seeing the highest disparities."
According to data from Denver's health agencies, about 40% of Latinos older than 12 are vaccinated in Denver County — that's far below the roughly 75% rate for whites.
Latinos make up 29% of the Denver population but represent nearly half of cases and hospitalizations.
If the state hopes to reach broad levels of protection from the virus, Cervantes said, "I think that it is critical that we improve vaccine uptake in our most marginalized groups, including those who are undocumented and those who are Spanish-language dominant." Cervantes added she's concerned the state will keep seeing a higher COVID positivity rate in those marginalized groups, who make up much of the essential workforce. "This past year, I think we have seen stark health inequities in the Latino community."
He worries cases, hospitalizations and deaths will keep flaring up in less vaccinated communities, especially predominantly Hispanic populations in parts of Colorado or other states where overall vaccination rates are poor. "They're at risk, especially moving into the fall of seeing increasing waves of infections. I think it is really critical that people really become vaccinated," Holguin said. Even as parts of Colorado and parts of the U.S. — like the Northeast — are getting vaccinated at high rates, for the mostly unvaccinated "COVID infections in certain communities still will be devastating for them," he said.
He's especially concerned about migrant farmworkers, who often have poor access to the internet and may struggle to find good information about the vaccine and avoiding the virus. "So overcoming those access, cultural, language barriers is important," he said.
When asked what the state has done to reach out to Latino Coloradans, a health department spokesperson pointed to over 1,500 "vaccine equity clinics" in 56 counties; the Workplace Vaccination Program, which partners with businesses and organizations to provide vaccine clinics at worksites; and a Spanish-language Facebook page and COVID website. She said the state's "Power the Comeback" campaign is available in English and Spanish and aims to reach disproportionately affected populations with awareness ads, testimonial videos and animated videos.
About a third of all adults in the U.S. are unvaccinated, a "shrinking pool" that skews younger and includes people more likely to identify as Republican or Republican-leaning, according to a KFF COVID-19 Vaccine Monitor report.
They also tend to be poorer, less educated and more likely to be uninsured. The KFF report found 19% of unvaccinated adults are Hispanic; of that group, 20% said they will "wait and see" about getting vaccinated, and 11% said they'd "definitely not" get it.
Both Cervantes and Holguin credit local, state and community groups with aggressively looking to boost vaccination rates among Latino Coloradans, while also encouraging them to keep recruiting trusted community voices from within, to help deliver the message.
"You know, it's not going to be Dr. [Anthony] Fauci saying something, that someone translates in Spanish, that you need to get vaccinated," Holguin said. "There's going to be people in the community convincing others to get vaccinated."
At Empower Field, soccer fan Diego Montemayor of Denver echoed that sentiment, saying some fans who got shots themselves urged friends who came to the stadium to visit the RV and get one, too. "When they hear people that they trust sharing their experiences, that goes a long way," Montemayor said.
Community health advocate Karimme Quintana agreed. She had come to the game as well to spread the word about the safety and efficacy of the vaccine. She works as a promotora de salud pública, a public health outreach worker, focusing her efforts on Denver's majority-Latino Westwood neighborhood. Quintana said that population may trust someone close to them more than even a doctor.
"They need to be more educated about the COVID because they have a lot of questions," said Quintana, whose button read "¿Tiene preguntas sobre COVID? Pregúnteme." ("Do you have questions about COVID? Ask me.")
"Latino people, they listen [to] the neighbor, they listen [to] my friend," Quintana said.
University of Colorado Health nurse Danica Farrington said the vaccine effort at the soccer tournament was heavily promoted beforehand on billboards and big screens inside the stadium during the game.
"They just plastered it everywhere and said, go get your shot," she said. "That's pretty influential."
The carnival atmosphere at the stadium helped him make the pitch, said Jesus Romero Serrano, a community ambassador with Denver's mayor's office: "It's a Mexico game versus Honduras! So lots of Latinos are here. This is the perfect place to be, to reach the Latin community. Absolutely!"
To capitalize on the playful spirit of the day, Romero Serrano wore a Mexico soccer jersey and a red-and-green luchador wrestling mask. In his work with the city government, he's what you could call a community influencer. He filtered through the tailgate crowd in the parking lot, handing out cards about where to get a vaccine.
As he circulated, he admitted it's sometimes hard for some Latino Coloradans to overcome what they see as years of historical mistreatment or neglect from medical providers. "They don't trust the healthcare system," he said.
Still, Romero Serrano kept wading into the crowd, shaking hands and shouting over the constant din of the drum bands, asking people whether they had gotten a vaccine.
The most common answer he heard was "everybody has it" — but he was skeptical about that, thinking people were just being nice.
A few miles from the stadium is the Tepeyac Community Health Center, in the predominantly Hispanic Globeville neighborhood. That's home base for Dr. Pamela Valenza, a family physician and the chief health officer at the clinic. She tries to address her patients' fears and concerns about the new vaccines, but many have told her they still want to wait and see that people don't have serious side effects.
Valenza's clinic recently held more vaccine events, at more convenient times that didn't interfere with work, like Friday evenings, and offered free grocery cards for the vaccinated. She said she likes the idea of pairing vaccines with fun.
"The Latino culture — food, culture and community — is such a central part of the Latino community," Valenza said. "Making the events maybe a little bit more than just a vaccine might encourage some community members to come out."
This story comes from NPR's health reporting partnership with Colorado Public Radio and Kaiser Health News (KHN).
The care was ordinary. A hospital in Modesto, California, treated a 30-year-old man for shoulder and back pain after a car accident. He went home in less than three hours.
The bill was extraordinary. Sutter Health Memorial Medical Center charged $44,914 including an $8,928 "trauma alert" fee, billed for summoning the hospital's top surgical specialists and usually associated with the most severely injured patients.
The case, buried in the records of a 2017 trial, is a rare example of a courtroom challenge to something billing consultants say is increasingly common at U.S. hospitals.
Tens of thousands of times a year, hospitals charge enormously expensive trauma alert fees for injuries so minor the patient is never admitted.
In Florida alone, where the number of trauma centers has exploded, hospitals charged such fees more than 13,000 times in 2019 even though the patient went home the same day, according to a KHN analysis of state data provided by Etienne Pracht, an economist at the University of South Florida. Those cases accounted for more than a quarter of all the state's trauma team activations that year and were more than double the number of similar cases in 2014, according to an all-payer database of hospital claims kept by Florida's Agency for Healthcare Administration.
While false alarms are to be expected, such frequent charges for little if any treatment suggest some hospitals see the alerts as much as a money spigot as a clinical emergency tool, claims consultants say.
"Some hospitals are using it as a revenue generator," Tami Rockholt, a registered nurse and medical claims consultant who appeared as an expert witness in the Sutter Health car-accident trial, said in an interview. "It's being taken advantage of" and such cases are "way more numerous" than a few years ago, she said.
Hospitals can charge trauma activation fees when a crack squad of doctors and nurses assembles after an ambulance crew says it's approaching with a patient who needs trauma care. The idea is that life-threatening injuries need immediate attention and that designated trauma centers should be able to recoup the cost of having a team ready — even if it never swings into action.
Those fees, which can exceed $50,000 per patient, are billed on top of what hospitals charge for emergency medical care.
"We do see quite a bit of non-appropriate trauma charges — more than you'd see five years ago," said Pat Palmer, co-founder of Beacon Healthcare Costs Illuminated, which analyzes thousands of bills for insurers and patients. Recently "we saw a trauma activation fee where the patient walked into the ER" and walked out soon afterward, she said.
The portion of Florida trauma activation cases without an admission rose from 22% in 2012 to 27% last year, according to the data. At one Florida facility, Broward Health Medical Center, there were 1,285 trauma activation cases in 2019 with no admission — almost equal to the number that led to admissions.
"Trauma alerts are activated by EMS [first responders with emergency medical services], not hospitals, and we respond accordingly when EMS activates a trauma alert from the field," said Jennifer Smith, a Broward Health spokesperson.
Florida regulations allow hospitals themselves to declare an "in-hospital trauma alert" for "patients not identified as a trauma alert" in the field, according to standards published by the Florida Department of Health.
At some hospitals, few patients whose cases generate trauma alerts are treated and released the same day.
At Regions Hospital, a Level I trauma center in St. Paul, Minnesota, patients who are not admitted after a trauma team alert are "very rare" — 42 of 828 cases last year, or about 5%, said Dr. Michael McGonigal, the center's director, who blogs at "The Trauma Pro."
"If you're charging an activation fee for all these people who go home, ultimately that's going to be a red flag" for Medicare and insurers, he said.
In the Sutter case in Modesto, the patient sued a driver who struck his vehicle, seeking damages from the driver and her insurer. Patient "looks good," an emergency doctor wrote in the records, which were part of the trial evidence. He prescribed Tylenol with hydrocodone for pain.
"If someone is not going to bleed out, or their heart is not going to stop, or they're not going to quit breathing in the next 30 minutes, they probably do not need a trauma team," Rockholt said in her testimony.
Like other California hospitals with trauma center designations, Sutter Health Memorial Medical Center follows "county-designated criteria" for calling an activation, said Sutter spokesperson Liz Madison: "The goal is to remain in position to address trauma cases at all times — even in the events where a patient is determined healthy enough to be treated and released on the same day."
Trauma centers regularly review and revise their rules for trauma team activation, said Dr. Martin Schreiber, trauma chief at Oregon Health & Science University and board chair at the Trauma Center Association of America, an industry group.
"It is not my impression that trauma centers are using activations to make money," he said. "Activating patients unnecessarily is not considered acceptable in the trauma community."
Hospitals began billing trauma team fees to insurers of all kinds after Medicare authorized them starting in 2008 for cases in which hospitals are notified of severe injuries before a patient arrives. Instead of leaving trauma team alerts to the paramedics, hospitals often call trauma activations themselves based on information from the field, trauma surgeons say.
Reimbursement for trauma activations is complicated. Insurers don't always pay a hospital's trauma fee. Under rules established by Medicare and a committee of insurers and healthcare providers, emergency departments must give 30 minutes of critical care after a trauma alert to be paid for activating the team. For inpatients, the trauma team fee is sometimes folded into other charges, billing consultants say.
But, on the whole, the increase in the size and frequency of trauma team activation fees, including those for non-admitted patients, has helped turn trauma operations, often formerly a financial drain, into profit centers. In recent years, hundreds of hospitals have sought trauma center designation, which is necessary to bill a trauma activation fee.
"There must have been a consultant that ran around the country and said, 'Hey hospitals, why don't you start charging this, because you can,'" said Marc Chapman, founder of Chapman Consulting, which challenges large hospital bills for auto insurers and other payers. "In many of those cases, the patients are never admitted."
The national number of Level I and Level II trauma centers, able to treat the most badly hurt patients, grew from 305 in 2008 to 567 last year, according to the American College of Surgeons. Hundreds of other hospitals have Level III or Level IV trauma centers, which can treat less severe injuries and also bill for trauma team activation, although often at lower rates.
Emergency surgeons say they walk a narrow path between being too cautious and activating a team unnecessarily (known as "overtriage") and endangering patients by failing to call a team when severe injuries are not obvious.
Often "we don't know if patients are seriously injured in the field," said Dr. Craig Newgard, a professor of emergency medicine at Oregon Health & Science University. "The EMS providers are using the best information they have."
Too many badly hurt patients still don't get the care they need from trauma centers and teams, Newgard argues.
"We're trying to do the greatest good for the greatest number of people from a system perspective, recognizing that it's basically impossible to get triage right every time," he said. "You're going to take some patients to major trauma centers who don't really end up having serious injury. And it's going to be a bit more expensive. But the trade-off is optimizing survival."
At Oregon Health & Science, 24% of patients treated under trauma alerts over 12 months ending this spring were not admitted, Schreiber said.
"If this number gets much lower, you could put patients who need activation at risk if they are not activated," he said.
On the other hand, rising numbers of trauma centers and fees boost healthcare costs. The charges are passed on through higher insurance premiums and expenses paid not just by health insurers but also auto insurers, who often are first in line to pay for the care of a crash victim.
Audits are uncommon and often the system is geared to paying claims with little or no scrutiny, billing specialists say. Legal challenges like the one in the Sutter case are extremely rare.
"Most of these insurers, especially auto insurance, do not look at the bill," said Beth Morgan, CEO of Medical Bill Detectives, a consulting firm that helps insurers challenge hospital charges. "They automatically pay it."
And trauma activation charges also can hit patients directly.
"Sometimes the insurance companies will not pay for them. So people could get stuck with that bill," Morgan said.
A few years ago, Zuckerberg San Francisco General Hospital charged a $15,666 trauma response fee to the family of a toddler who had fallen off a hotel bed. He was fine. Treatment was a bottle of formula and a nap. The hospital waived the fee after KHN and Vox wrote about it.
Trauma alert fatigue can add up to a nonfinancial cost for the trauma team itself, McGonigal said.
"Every time that pager goes off, you're peeling a lot of people away from their jobs only to see [patients] go home an hour or two later," he said.
"Some trauma centers are running into problems because they run themselves ragged. And there is probably unneeded expense in all the resources that are needed to evaluate and manage those patients."
Mandela Parkway, a four-lane boulevard enhanced by a median with trees and a curving footpath, stretches along a 24-block section of West Oakland. It's the fruit of a grassroots neighborhood campaign to block reconstruction of an elevated freeway leveled by the Loma Prieta earthquake in 1989 and reimagine the thoroughfare to replace it.
Since the parkway's 2005 completion, 168 units of affordable housing have sprung up along its route. The air is measurably freer of pollutants than it was when the Cypress Freeway ran through the area.
A federal report heralded the project as the type of socially minded renovation that can make appropriate, if partial, amends for the devastation wrought on low-income neighborhoods by the freeway-building boom of earlier decades.
"Community involvement was a very important part of the rebuilding process," said the report, which concluded, "West Oakland residents got what they wanted."
Unfortunately, that's not entirely the case.
Although the 1.3-mile strip of land that Mandela Parkway passes through has cleaner air and better amenities than when it was a freeway spur, many of the neighborhood's original residents are no longer there to enjoy it, forced out by rising rents and housing costs. And West Oakland more broadly, bordered by the massive Port of Oakland, is still crisscrossed by elevated freeways where cars and heavy trucks spew hundreds of tons of pollutants every year.
The successes and failures of the Mandela Parkway are emblematic of the challenges faced by a new urban renewal movement that seeks to replace dozens of stretches of elevated urban freeways built in the 1950s, '60s and '70s across the United States. These highways bisected cities, displacing residents and businesses in what were frequently lower-income, working-class, non-white neighborhoods. Pollution and noise plague the health of those who continue to live nearby.
Today, as many of these roadways near or pass the end of their intended lifespans, policymakers, social justice advocates and urban planners have called for them to come down.
President Joe Biden's administration agrees. His infrastructure plan calls for highway removal to right historical injustices and improve the health of people who live nearby. At least four bills in Congress would fund such efforts, though none is assured passage.
But the Cypress Freeway conversion shows how complicated it is to accomplish highway removal in a way that improves the health and well-being of the longtime residents wronged by the roadways' legacy. The effects of neighborhood "greening" can be paradoxical, leading to "green gentrification."
But the evidence is shakier on whether transforming the roadways reverses these problems, said Regan Patterson, a transportation equity research fellow for the Congressional Black Caucus Foundation.
A 2019 study conducted by Patterson and Robert Harley of the University of California-Berkeley's Department of Civil and Environmental Engineering showed that rerouting the Cypress Freeway — Interstate 880 — and building the Mandela Parkway cut nitrogen oxides by an annual average of 38%, and soot by 25%, along the parkway. But West Oakland in general is still heavily polluted by the rerouted I-880, as well as I-580 and I-980.
"You cannot talk about Mandela Parkway if you don't talk about the impact of all three highways," said Margaret Gordon, 74, a founding member of the West Oakland Environmental Indicators Project, an environmental justice organization.
And the very upgrade of the area along Mandela Parkway — coupled with the arrival of Big Tech company offices in the area — has contributed to property values spiking and longtime residents leaving. Black residents, who made up 73% of the population around the expressway in 1990, accounted for only 45% in 2010, according to Patterson's research. Median home values along the parkway jumped by $261,059 in that time frame.
"Green gentrification" is a paradoxical effect of projects intended to support healthier communities, said Jennifer Wolch, a professor of city and regional planning at UC-Berkeley. Her research, focused on the overall public health effects of urban greening, shows that rising housing costs and displacement of longtime residents can also damage their health. Other research has found that residents from marginalized groups reported a lower sense of community after "greening" transformations.
Longtime Latino residents, for example, reported avoiding segments of Chicago's 606 pedestrian trail that run through mostly white neighborhoods because of concerns of discrimination. Well-off white residents were more likely than Black residents to use the Atlanta BeltLine, a 33-mile network of trails and parks.
None of these problems seal an argument against highway removal, say urban activists. The Congress for the New Urbanism, a nonprofit focused on sustainable urban development, has identified 15 highways in major U.S. cities that are ripe for removal in its 2021 "Freeways Without Futures" report.
The lesson, instead, is to pay attention to the wishes of longtime community members in planning these infrastructure projects, said Jonathan Fearn, a member of the Oakland Planning Commission and a founder of ConnectOakland, an advocacy group involved in plans to tear down 2-mile-long I-980 and redesign the area.
Highway removal and neighborhood renewal should focus on making communities less car-dependent, and adding affordable housing and other amenities, said Dr. Richard Jackson, professor emeritus at the Fielding School of Public Health at UCLA and former director of the National Center for Environmental Health at the Centers for Disease Control and Prevention.
For example, creating community land trusts — nonprofits that buy vacant lots in communities and sell them back to residents at reduced rates — can help ensure affordable housing and rent stability.
Some of the congressional bills under consideration have provisions that would require anti-displacement strategies. But the $1.2 trillion Bipartisan Infrastructure Framework put forward by the Biden administration, which includes funding for a $1 billion "reconnecting communities" program, offers few details about ameliorating displacement.
If the projects get done, conversations about whom they benefit should happen early on, said Ben Crowther, program manager for the Congress for the New Urbanism's Highways to Boulevards program. But it's "very encouraging," he said, that federal bills to fund the remakes include strategies for making sure current residents benefit.
A large portion of that spending would be dedicated to healthcare, targeting major sections of the system — some with new regulations and some with a generous increase in federal funding.
This article was published on Thursday, July 15, 2021 in Kaiser Health News.
The budget package Democrats are assembling in Congress would likely provide the biggest jolt to the American healthcare system since the passage of the Affordable Care Act in 2010, according to sources familiar with work on the plan.
Democrats in the Senate announced Tuesday night that they had reached a framework for a $3.5 trillion budget plan that would cover healthcare, education, climate and tax changes sought by lawmakers and President Joe Biden.
"This would definitely be the biggest [boost] since the ACA," a Senate Democratic aide said.
A large portion of that spending would be dedicated to healthcare, targeting major sections of the system — some with new regulations and some with a generous increase in federal funding.
The plans are part of what is known as a budget reconciliation, a technical procedural bill that allows Congress to pass spending and taxation legislation with a simple majority, without the threat of a filibuster in the Senate.
Since Republicans have vowed to oppose the additional spending and the Senate is evenly split, Democrats would need to get all members to agree to the reconciliation plan and Vice President Kamala Harris to cast the deciding vote in the Senate to pass it.
According to another Democratic aide familiar with the ongoing work, the portion of the reconciliation affecting health would focus on five areas:
• Creating dental, vision and hearing benefits in the Medicare program.
• Expanding long-term care benefits to help people getting home- and community-based services.
• Extending the ACA expansion under the already-passed $1.9 trillion COVID-19 relief bill, the American Rescue Plan.
• Closing the Medicaid "coverage gap" in the states that refused to expand coverage under the ACA.
• Reducing the cost of prescription drugs.
Exactly how aggressively the Senate goes after each of those areas will depend on too many factors to predict an outcome. But the necessity of keeping all Democratic lawmakers on board, aides said, would likely give moderate members of the caucus great sway in the deliberations. As party leaders hammered out the plan in recent weeks, some moderates cautioned that they couldn't support too big a package, while Sen. Bernie Sanders (I-Vt.), who chairs the Budget Committee and was key in the negotiations on this framework, said he initially wanted it to go as high as $6 trillion.
Sen. Mark Warner (D-Va.), a leading moderate who was involved in the negotiations, made clear that there is still work to be done to meet the concerns of other senators.
"The Budget Committee, which spans the jurisdictional reach of the Democratic caucus, came out united behind that number [$3.5 trillion]," he said. "I think that's the place to be, and I'm going to urge those who want to go more to kind of fit within this, you know, historic investment level, and those who want to go less, I want to try to make the case of why we need to go to this level."
Generally, changes made in reconciliation bills cannot be permanent and are restricted to the length of the budget window, so that limits the duration of any changes envisioned in this plan.
Everything in a reconciliation bill is supposed to be related to taxing and spending. It is up to the Senate parliamentarian to judge whether measures qualify. For instance, the parliamentarian excluded a hike in the minimum wage when the Senate was working on the American Rescue Plan, passed earlier this year through reconciliation.
Many details about the five healthcare areas are still uncertain and will depend on meeting concerns from various groups within the Democratic Party, which has been split on a number of healthcare issues for the past couple of years.
According to the Democratic staffers, creating dental, hearing and vision benefits for Medicare beneficiaries would involve calculating how much the changes would cost and determining how many years the funding would last. Fewer years of funding, of course, lowers the price tag.
Expanding so-called home- and community-based services for long-term care for seniors and people with disabilities would likely be based on Biden's recent $400 billion proposal. Again, the duration and scope of the spending are debatable, but it would likely look something like a bill offered late last month by Sens. Bob Casey (D-Pa.) and Ron Wyden (D-Ore.), the chairs, respectively, of the Special Committee on Aging and the Finance Committee, as well as other lawmakers.
Extending the American Rescue Plan's expansion of the premium subsidies for plans sold on the ACA's insurance marketplaces is also mostly a matter of determining how much and for how long.
How to provide coverage to people with low incomes in the dozen states that have not expanded Medicaid under the ACA is yet another matter of debate, one aide said, pointing to a recent proposal by Sen. Raphael Warnock (D-Ga.) that would allow the federal government to create a Medicaid-like agency for people who would be eligible for healthcare coverage if their states did expand. Another idea is giving people tax credits equivalent to the support they would get in Medicaid. Other options are also possible.
As for the prescription drug portion of the bill, many Democratic lawmakers would like to allow Medicare to negotiate with drugmakers to bring down the cost of medication for the government and beneficiaries. Others have called for Medicare to pay for drugs based on an index of prices other nations pay. The House has passed HR 3, which includes a number of provisions to lower costs, including letting Medicare negotiate prices. However, moderate Democrats do not like many parts of that bill. Finding a way for Medicare to save money on prescription drugs could be a key part of reconciliation, because the savings could finance some of the other programs.
Wyden, who is helming the healthcare negotiations on the reconciliation package, has not released a full plan to deal with drug costs, but he did offer principles he thought moderates would accept, including the Medicare negotiation provisions and extending those price reductions to all Americans, curbing drug price increases that exceed inflation and encouraging pharmaceutical companies to be more innovative.
"How all that shakes out is impossible to say right now," one aide said.
Sen. Joe Manchin (D-W.Va.), a centrist who criticized suggestions that the package could go to as much as $6 trillion, said he is interested in Wyden's proposal but wants to look at how he would pay for the changes. Democrats have suggested they will look at raising taxes on corporations and wealthy individuals, but Manchin said the package will need to keep America "globally competitive."
Still, he gave a big thumbs-up for allowing Medicare to negotiate drug prices. "That should have been done years ago. How in the heck that never was done doesn't make any sense at all," he told reporters.
Senate Majority Leader Chuck Schumer has said he wants to pass the reconciliation instruction bill by the August recess. Individual committees would then be expected to come up with specific legislation in the fall.
Although much of the attention on these spending plans has focused on the Senate, the House will also have to sign off on the budget — and Democrats have a very small majority there, too, which will make passage difficult.
Jameson Rybak tried to quit using opioids nearly a dozen times within five years. Each time, he'd wait out the vomiting, sweating and chills from withdrawal in his bedroom.
It was difficult to watch, said his mother, Suzanne Rybak, but she admired his persistence.
On March 11, 2020, though, Suzanne grew worried. Jameson, 30 at the time, was slipping in and out of consciousness and saying he couldn't move his hands.
By 11 p.m., she decided to take him to the emergency room at McLeod Regional Medical Center in Florence, South Carolina. The staff there gave Jameson fluids through an IV to rehydrate, medication to decrease his nausea and potassium supplements to stop his muscle spasms, according to Suzanne and a letter the hospital's administrator later sent her.
But when they recommended admitting him to monitor and manage the withdrawal symptoms, Jameson said no. He'd lost his job the previous month and, with it, his health insurance.
"He kept saying, 'I can't afford this,'" Suzanne recalled, and "not one person [at the hospital] indicated that my son would have had some financial options."
Suzanne doesn't remember any mention of the hospital's financial assistance policy or payment plans, she said. Nor does she remember any discussions of providing Jameson medication to treat opioid use disorder or connecting him to addiction-specialty providers, she said.
"No referrals, no phone numbers, no follow-up information," she later wrote in a complaint letter to the hospital.
Instead, ER staff provided a form saying Jameson was leaving against medical advice. He signed and Suzanne witnessed.
Three months later, Jameson Rybak died of an overdose in his childhood bedroom.
Missed Opportunities
That March night in the emergency room, Jameson Rybak had fallen victim to two huge gaps in the U.S. healthcare system: a paucity of addiction treatment and high medical costs. The two issues — distinct but often intertwined — can come to a head in the ER, where patients and families desperate for addiction treatment often arrive, only to find the facility may not be equipped to deal with substance use. Or, even if they are, the treatment is prohibitively expensive.
Academic and medical experts say patients like Jameson represent a series of missed opportunities — both medical and financial.
"The emergency department is like a door, a really important door patients are walking through for identification of those who might need help," said Marla Oros, a registered nurse and president of the Mosaic Group, a Maryland-based consulting firm that has worked with more than 50 hospitals nationwide to increase addiction treatment services. "We're losing so many patients that could be identified and helped," she said, speaking generally.
A spokesperson for McLeod Regional Medical Center, where Jameson went for care, said they would not comment on an individual's case and declined to answer a detailed list of questions about the hospital's ER and financial assistance policies. But in a statement, the hospital's parent company, McLeod Health, noted that the hospital adhered to federal laws requiring that hospital ERs provide "immediate stabilizing care" for all patients, regardless of their ability to pay.
"Our hospitals attempt to manage the acute symptoms, but we do not treat chronic, underlying addiction," the statement added.
Suzanne said her son needed more than stabilization. He needed immediate help breaking the cycle of addiction.
Jameson had been in and out of treatment for five years, ever since a friend suggested he try opioids to manage his anxiety and insomnia. He had insurance through his jobs in the hotel industry and later as an electrical technician, Suzanne said. But the high-deductible plans often left him paying out-of-pocket: $3,000 for a seven-day rehab stay, $400 for a brief counseling session and a prescription of Suboxone, a medication to treat opioid use disorder.
After he lost his job in February 2020, Jameson tried again to detox at home, Suzanne said. That's what led to the ER trip.
Treating Addiction in the ER
Hospital ERs across the nation have become ground zero for patients struggling with addiction.
A seminal study published in 2015 by researchers at Yale School of Medicine found that giving patients medication to treat opioid use disorder in the ER doubled their chances of being in treatment a month later, compared with those who were given only referrals to addiction treatment.
Yet providing that medication is still not standard practice. A 2017 survey found just 5% of emergency medicine physicians said their department provided medications for opioid use disorder. Instead, many ERs continue to discharge these patients, often with a list of phone numbers for addiction clinics.
ER Resources to Offer Medications for Opioid Use Disorder
Jameson didn't even get that, Suzanne said. At McLeod Regional, he was not seen by a psychiatrist or addiction specialist and did not get a prescription for Suboxone or even a referral, she said.
After Jameson's death, Suzanne wrote to the hospital: "Can you explain to me, especially with the drug crisis in this country, how the ER was not equipped with personnel and/or any follow-up for treatment?"
Hospital administrator Will McLeod responded to Suzanne, in a letter she shared with KHN, that per Jameson's medical record he'd been evaluated appropriately and that his withdrawal symptoms had been treated. Jameson declined to be admitted to the hospital, the letter said, and could not be involuntarily committed, as he "was not an imminent danger to himself or others."
"Had he been admitted to our hospital that day, he would have been assigned to social workers and case managers who could have assisted with referrals, support, and follow-up treatment," McLeod wrote.
Nationwide, hospitals are working to ramp up the availability of addiction services in the ER. In South Carolina, a state-funded program through the Medical University of South Carolina and the consulting firm Mosaic Group aims to help hospitals create a standardized system to screen patients for addiction, employ individuals who are in recovery to work with those patients and offer medication for opioid use disorder in the ER.
The initiative had worked with seven ERs as of June. It was in discussions to work with McLeod Regional hospital too, program staffers said. However, the hospital backed out.
The hospital declined to comment on its decision.
ER staffs around the country often lack the personnel to launch initiatives or learn about initiating addiction treatment. Sometimes affordable referral options are limited in the area. Even when the initial prescribing does occur, cost can be a problem, since Suboxone and its generic equivalent range in price from $50 to over $500 per prescription, without insurance.
In South Carolina, which has not expanded Medicaid, nearly 11% of the population is uninsured. Among patients in the state's program who have been started on medications for opioid use disorder in ERs, about 75% are uninsured, said Dr. Lindsey Jennings, an emergency medicine physician at MUSC who works on the statewide initiative.
Other parts of the country face similar concerns, said Dr. Alister Martin, an emergency medicine physician who heads a national campaign to encourage the use of these medications in the ER. In Texas, for example, hundreds of doctors have gotten certified to provide the medications, he said, but many patients are uninsured and can't pay for their prescriptions.
"You can't make it effective if people can't afford it," Martin said.
Too Late for Charity Care
Throughout the night at McLeod Regional hospital's ER, Jameson worried about cost, Suzanne said.
She wanted to help, but Jameson's father and younger brother had recently lost their jobs, and the household was running on her salary as a public school librarian.
Suzanne didn't know that nonprofit hospitals, like McLeod, are required by the federal government to have financial assistance policies, which lower or eliminate bills for people without the resources to pay. Often called charity care, this assistance is a condition for nonprofit hospitals to maintain their tax-exempt status.
But "nonprofits are actually doing less charity care than for-profits," said Ge Bai, an associate professor at Johns Hopkins University who published a study this year on the level of charity care provided by different hospitals.
That's in part because they have wide leeway to determine who qualifies and often don't tell patients they may be eligible, despite federal requirements that nonprofit hospitals "widely publicize" their financial assistance policies, including on billing statements and in "conspicuous public displays" in the hospital. One study found that only 50% of hospitals regularly notified patients about eligibility for charity care before initiating debt collection.
McLeod Regional's most recent publicly available tax return states that "uninsured patients are screened at the time of registration" and if they're unable to pay and ineligible for governmental insurance, they're given an application.
Suzanne said she doesn't remember Jameson or herself receiving an application. The hospital declined to comment on the Rybaks' case and whether it provides "conspicuous public displays" of financial assistance.
"Not once did anybody tell us, 'Let's get a financial person down here,' or 'There are grant programs,'" Suzanne said.
Mark Rukavina, with the nonprofit health advocacy group Community Catalyst, said most hospitals comply with the letter of the law in publicizing their assistance policy. But "how effective some of that messaging is may be a question," he said. Some hospitals may bury the policy in a dense packet of other information or use signs with vague language.
A KHN investigation in 2019 found that, nationwide, 45% of nonprofit hospital organizations were routinely sending medical bills to patients whose incomes were low enough to qualify for charity care. McLeod Regional hospital reported $1.77 million of debt from sending bills to such patients, which ended up going unpaid, for the fiscal year ending in 2019.
Believing they couldn't afford in-patient admission, the Rybaks left the hospital that night.
After the ER
Afterward, Jameson's withdrawal symptoms passed, Suzanne said. He spent time golfing with his younger brother. Although his application for unemployment benefits was denied, he managed to defer payments on his car and school loans, she said.
But, inside, he must have been struggling, Suzanne now realizes.
On the morning of June 9, 2020, Suzanne opened the door to Jameson's room and found him on the floor. The coroner determined he had died of an overdose. The family later scattered his ashes on Myrtle Beach — Jameson's favorite place, Suzanne said.
In the months following Jameson's death, hospital bills for his night in the ER arrived at the house. He owed $4,928, they said. Suzanne wrote to the hospital that her son was dead but received yet another bill addressed to him after that.
She shredded it and mailed the pieces to the hospital, along with a copy of Jameson's death certificate.
Twelve days later, the health system wrote to her that the bill had been resolved under its charity care program.
What Experts Say Patients Should Know about Hospital Charity Care
Ask for the hospitals' financial assistance policy. Nonprofit hospitals are required to have one and to provide you a copy. Many for-profit hospitals have such policies, too.
Always apply. Don't assume you won't qualify because you're working or have insurance.
Ask about alternatives. Even if you don't qualify for charity care, the hospital may be able to offer discounts or flexible payment plans.
Ask to meet with financial counselors or someone from the hospital's finance office to discuss your options.
Ask about assistance programs in the community. Does the hospital know of any local organizations that could help you enroll in insurance coverage or cover part of your bill through a grant program?
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!
Opening two new medical schools in Montana would stretch and possibly overwhelm the state's physicians who provide the clinical training that students need to become doctors, according to leaders of a University of Washington medical school program that relies on those teaching physicians.
The University of Washington School of Medicine's WWAMI program in Montana requires its students who have finished their academic work to complete clerkships and clinical rotations to graduate, and then those graduates must be matched with residencies. WWAMI — an acronym of the five states participating in the program: Washington, Wyoming, Alaska, Montana and Idaho — uses hundreds of Montana physicians for that hands-on training, in addition to physicians in the other four states.
That's why plans by the for-profit Rocky Vista University College of Osteopathic Medicine to build a campus in Billings and the nonprofit Touro College and University System to build an osteopathic medical school in Great Falls have WWAMI officials worried.
"The biggest concern that everyone has is around clinical resources," said Dr. Suzanne Allen, vice dean of academic, rural and regional affairs for UW's School of Medicine. "At some point, there's not enough of those clinical resources to go around for everyone to have a good learning experience."
The University of Washington is an allopathic medical school, whose graduates are doctors of medicine, while the proposed Montana schools would train doctors of osteopathic medicine. Both kinds of doctors are fully licensed physicians. The students study the same curriculum and participate in the same clinical training, but they take different licensing exams, and the schools are accredited by different panels: The Liaison Committee on Medical Education for allopathic schools, and the Commission on Osteopathic College Accreditation for osteopathic schools.
Dr. Jay Erickson, assistant dean for regional affairs and rural health and assistant clinical dean for Montana WWAMI, criticized lax osteopathic school accreditation standards for creating a potential Montana medical student logjam that could affect his program.
"The LCME which accredits allopathic medical schools would never approve two new medical schools in a state of 1 million people with limited clinical teaching opportunities that are largely utilized by Montana WWAMI and the existing residencies," Erickson said in an email.
Rocky Vista, which has schools in Colorado and Utah, announced in May that the Commission on Osteopathic College Accreditation had approved its plan to build a Billings campus. The application by Touro, which has campuses across the country, for a facility in Great Falls is set to be taken up at the commission's August meeting.
Opening new medical schools would provide more slots to in-state students who might otherwise be rejected because of WWAMI's thresholds. Montana WWAMI accepts only 30 students a year. In Alaska and Wyoming, it's 20 students a year. In Idaho, it's 40, and in Washington, it's 160 divided between Seattle and Spokane. All WWAMI students must be residents of the state in which they apply.
Those classroom slots don't necessarily guarantee more training opportunities in the field. Such work accounts for about half of a medical student's education.
For the first two years, students in the WWAMI program receive classroom instruction at affiliated universities, such as Montana State University in Bozeman. Then in their third and fourth years, WWAMI students are required to complete clerkships and clinical rotations with doctors whom the program uses as clinical faculty, or teaching doctors, across the state.
About 230 WWAMI students from all five states participate in Montana clerkships as well as clerkships in the other four states. Other medical schools, including Idaho's College of Osteopathic Medicine and the Pacific Northwest University's College of Osteopathic Medicine, also use Montana for their students' clinical training.
The worry of school officials and some of those teaching doctors is that the flood of students the two new medical schools would bring could lead to increased competition and be harmful to the hands-on education that clinical rotations are designed to provide.
Dr. KayCee Gardner, a 36-year-old WWAMI graduate, practices family medicine in Miles City and trains WWAMI students.
"I just hope with more medical schools being built that there will be enough teachers and enough places for them to get a good rotation and not just be standing in the back observing," Gardner said.
Another point of concern is how the new Montana schools will affect residencies, which all medical school students must complete after graduating to become certified doctors. Residency placements are already very competitive, depending on the hospital and the specialty. WWAMI students are encouraged to seek residencies in the five-state region.
Since many doctors end up staying in the area where they do their residency, it is important to the goal of training doctors for rural and underserved communities, such as Montana and Idaho, for schools to encourage students to complete in-state residencies.
Four years ago, Idaho went through the uncertainty that Montana is going through now. That's when the for-profit Idaho College of Osteopathic Medicine was founded, leading to worries that the school would hamper WWAMI students' clinical training opportunities there.
Dr. Tracy Farnsworth, ICOM's president, said the school created more than 50 clinical affiliations and hundreds of affiliations with private physicians to avoid conflicts.
Now, both Farnsworth and WWAMI's Idaho director, Dr. Jeff Seegmiller, say their schools are united by the goal of boosting Idaho's number of physicians per capita, the second-worst ratio in the nation.
"In our view, we need WWAMI, but we also needed Idaho College of Osteopathic Medicine. To become something other than last in the nation for physicians, you need more resources, more ability to generate physicians," Farnsworth said.
ICOM has 486 students compared with WWAMI Idaho's 160, and about three-quarters of the for-profit school's students are from states outside of Idaho and the region.
Of the more than 800 physicians who have been trained by the Idaho WWAMI program, 51% of graduates return to practice in Idaho, according to Seegmiller.
ICOM's first class will graduate in May 2022, so it is unknown how many of its students will return to the state.
Touro University College of Osteopathic Medicine, which is awaiting approval from accreditation agencies, plans to accept 125 students each year and to educate them with affiliates in Montana as well as sending some students out of state for their clerkships and rotations, according to Dr. Alan Kadish, president of the Touro College and University System.
He said Touro plans to give preference to Montana residents but does not have a quota on how many in-state vs. out-of-state students it will accept.
"With our [osteopathic] model and increased primary care residencies, we believe that we will encourage students to enter primary care and remain in the state," Kadish said.