Next Front In The Culture War: Contraception

The next battle in the “culture wars” might be over contraception. The right had some victories in restricting abortion during the health care reform debate, but Dana Goldstein warns of efforts on the right to restrict access to contraception:

Could prescription birth control—whether the pill, an IUD, or a diaphragm—soon be free of cost for most American women?

Polls suggest the majority of Americans would support such a policy. But the Daily Beast has learned that many conservative activists, who spent most of their energies during the health-care reform fight battling to win abortion restrictions and abstinence-education funding, are just waking up to the possibility that the new health care law could require employers and insurance companies to offer contraceptives, along with other commonly prescribed medications, without charging any co-pay. Now the Heritage Foundation and the National Abstinence Education Association say they plan to join the U.S. Conference of Catholic Bishops in resisting implementation of the new provisions…

Reproductive-rights advocates are openly lobbying the Obama administration to enact the birth control changes quickly, citing the United States’ high rates of teenage and unintended pregnancy—the highest in the developed world.

“It would be a disaster for women’s health” to exclude contraception from the new requirements for insurers, said Kelly Blanchard, president of Ibis Reproductive Health, a Cambridge, Massachusetts-based research organization.

Matthew Yglesias points out that this is a battle worth engaging in :

Politically speaking, I think this is the fight progressives have been wanting to have for some time now—something that would highlight the deeply reactionary and anti-woman ideology that drives the main institutional players in the anti-abortion movement.

Plus it would highlight the different attitudes on the left and right on government controlling the lives of individuals. After all, many on the right desire not only to ban government funding of abortion and birth control but to actually prohibit abortion and birth control.

Meaningful Use Rules For Electronic Medical Records Finally Released–All 864 Pages

The long-awaited final rules on “meaningful use” for electronic medical records were finally released today. The federal government, to push everyone towards electronic medical records, is initially paying incentives and down the road threatens penalties for those who have not converted. One problem is that it has been difficult to make decisions on the purchase of systems when the final rules for what meets the government requirements were not yet available.

The good news is that some of the initial requirements, which were difficult to meet, have been relaxed. I cannot yet be certain about all of this until I wade through all the details. Here’s the rules–all 864 pages in a pdf file. Fortunately some sources such as The New England Journal of Medicine are presenting shorter summaries.

I don’t want to sound like a tea bagger whining about everything the government does, but is it really necessary for all regulations to be so wordy as to prevent us from actually reading through them. It’s not like this is a one shot event. Last month we had the release of the federal rules for using electronic prescribing programs to transmit prescriptions for controlled substances in a similarly sized pdf file. Making matters worse, those rules are very hard to comply with. Apparently some people in the government believe that there is a greater risk of someone hacking into an electronic prescribing program than of forging a paper prescription. Personally I think that my current electronic prescribing system is more secure than paper prescriptions, even without all the added security measures being required for controlled substances.

At least these regulations are relatively short compared to those 2000 page documents I waded through while the health care reform legislation was being prepared.

The Patients’ Bill of Rights (Yes We Did)

If Republicans want to campaign based upon promises to repeal “ObamaCare,” I wonder which parts of the recently unveiled Patients’ Bill of Rights they would like to repeal:

• No Pre-Existing Condition Exclusions for Children Under Age 19. Clarifies that health plans have to accept sick children before 2014 and cover all of a child’s illnesses if that child already had coverage. These protections will apply to all types of insurance except for individual policies that are “grandfathered,” and will be extended to Americans of all ages starting in 2014.

• No Arbitrary Rescissions of Insurance Coverage. Prohibits insurers and plans from rescinding coverage except in cases involving fraud or an intentional misrepresentation of material facts, not for unintentional mistakes. Insurers and plans seeking to rescind coverage must provide at least 30 days advance notice to give people time to appeal. There are no exceptions to this policy.

• No Lifetime Limits on Coverage. Prohibits the use of lifetime limits in all health plans and insurance policies issued or renewed on or after September 23. More than 100 million Americans currently have health coverage that imposes such lifetime limits.

• Restricted Annual Dollar Limits on Coverage. Phases out annual limits on how much employer plans and new individual health plans pay for health care and bans limits on essential health benefits by 2014. For plan years starting on or after Sept. 23, insurers will be allowed to set annual limits no lower than $750,000; on Sept. 23, 2011, the limit rises to $1.25 million; and on Sept. 23, 2012, it increases to $2 million. Employers and insurers can ask for a delay if they can demonstrate that their current annual limits are necessary to prevent a significant loss of coverage or increase in premiums.

• Doctor Choice. The new rules make clear that health plan members are free to designate any available participating primary care provider as their provider. The rules allow parents to choose any available participating pediatrician to be their children’s primary care provider. They also prohibit insurers and employer plans from requiring a referral for obstetrical or gynecological (OB-GYN) care. These policies apply to all individual market and group health insurance plans except those that are grandfathered.

• Removing Insurance Company Barriers to Emergency Department Services. Prohibits health plans and insurers from charging higher cost-sharing (co-payments or co-insurance) for emergency services that are obtained out of a plan’s network. The rules also set requirements on how health plans should reimburse out-of-network providers. This policy applies to all individual market and group health plans except those that are grandfathered.

More information on the Patients’ Bill of Rights is contained in this Fact Sheet. It looks like Obama’s new slogan will be Yes We Did and the Republicans will have to hope people continue to believe their distortions of health care reform and other Democratic policies.

Democrats Forced To Rely On Finding Dirt As They Are Unable To Present A Coherent Message

The Washington Post describes how the Democrats are digging harder than ever to find dirt on Republican opponents.  This is a clear sign not only that the Democrats face some political difficulties  but that they are badly out-matched by the right wing noise machine in the spin war. It is sad that the party which far more often than not has been right on the issues feels compelled to rely on finding dirt.

The problem with relying on uncovering dirt is that, even if it helps against particular candidates, it does little to build long term support for the party. The Republicans are far smarter, even if  dishonest, in basing their attacks on distorting overall Democratic viewpoints and policies. This hooks their ditto head supporters for years.

The Republicans do have some advantages over the Democrats in the spin war. They dominate far more of the mass media, as they adroitly play the refs with their bogus claims of “liberal bias.” They have a far smaller tent, making it easier to define and defend a narrow set of views. They have a following which is not particularly concerned over whether their claims are reality-based as long as they support their biases. They are also far better at spin than the Democrats.

If the Democrats were willing to actually promote their views and demonstrate the differences with Republicans they would have a far better chance of developing a permanent base of support. They have been successful in building support among the educated which, along with their support among the young, will pay off long term. Short term they need to do a far better job of connecting the dots.

Democrats need to campaign against the flat-earth and anti-science views which dominate the GOP. The fact that the Republicans are full of candidates who believe in creationism, deny climate change, and oppose stem cell research is far more damaging than scandals involving a handful of individual candidates. If you go purely by the polls it might be argued that supporting evolution is not a winning issue in this country. I do believe that if one party had been defending science and reason during all these years the conservatives were screaming about birth certificates and imaginary conspiracies these poll results would be a little different.

Democrats need to point out far more clearly that the Republicans were virtually absent from the major political debate of the recent past. Relying on false claims that health care reform represented a “government take over of health care” while uniformly voting to allow the insurance industry to continue their abuses is a clear sign that the Republicans are not fit to govern.

Democrats need to do a  better job of defending their record on the economy and presenting a coherent philosophy. They need to make it clear they support a market-based economy while showing the need and justification for government action at times. They have generally acted in a pragmatic fashion but, failing to explain their beliefs, they have opened themselves to being falsely defined by the right as supporting “tax and spend” government policy, and even socialism.

A primary difference between the left and the right is support for individual liberty, but the Democrats need to be more consistent. Emphasizing support for individual liberty would be a far better way to frame some of the issues which have harmed Democrats in the culture wars. Some of those who oppose abortion rights and gay marriage might eventually be able to understand support for a woman’s right to control her own body and for any individuals to decide for themselves who they want to marry. A more consistent emphasis on individual liberty would also give the Obama administration a stronger basis for more rapidly reversing the abuses of the Bush administration, with less fear that this would be distorted to mean weakness on national security.

Early Benefits of Health Care Reform Providing Coverage To One Million Uninsured

Most of the benefits of health care reform don’t kick in until 2014 but some of the benefits are gradually beginning to be seen. These early benefits are expected to provide health care coverage to one million people next year who are currently uninsured. Over one hundred million others will see improvements in their coverage. AP reports:

The major early coverage benefits include:

• Allowing young adults to stay on their parents’ coverage until they turn 26. In 2011, an estimated 650,000 young people who would otherwise have been uninsured will gain coverage. Another 600,000 will benefit by switching from individually purchased policies to less costly, more comprehensive employer plans. The number with coverage will grow in 2012 and 2013.

• A health plan for uninsured people with pre-existing health conditions. From 200,000 to 400,000 could benefit in 2011, according to the Congressional Budget Office. The government may limit enrollment if $5 billion allocated through 2013 starts to run out, as projected. Beginning in 2014, insurers will be required to accept all applicants, regardless of medical history.

• Ending lifetime limits on coverage, and restricting annual limits. As many as 20,400 people a year hit lifetime limits, as did Mira Raether. Many more — an estimated 102 million — are in plans that impose such limits and will no longer be able to do so.

• Requiring insurers to cover children with medical problems. An estimated 51,000 uninsured children are expected to gain coverage. Another 90,000 children who have been excluded for coverage for a particular condition — asthma, for example — will also benefit.

The VA and Liberal & Conservative Fallacies On Health Care

While in general the left is far more reality-based than the right, there are areas where segments of the left are mistaken.As I’ve noted several times in the past, there are some on the left who have been repeating arguments based upon fallacious data to claim far greater quality for the VA system than actually exists.

A problem with those advocating health care reform repeating the fallacious arguments in support of the VA is that those of us who have seen the results of their system know the claims are untrue. Every time there is new information about deficiencies in the VA system the credibility of those who support the VA model is undermined, which also casts doubt upon their legitimate arguments in support of health care reform.

We have another example of problems at a VA hospital with CNN reporting that VA hospital may have infected 1,800 veterans with HIV:

A Missouri VA hospital is under fire because it may have exposed more than 1,800 veterans to life-threatening diseases such as hepatitis and HIV.

John Cochran VA Medical Center in St. Louis has recently mailed letters to 1,812 veterans telling them they could contract hepatitis B, hepatitis C and human immunodeficiency virus (HIV) after visiting the medical center for dental work, said Rep. Russ Carnahan.

Carnahan said Tuesday he is calling for a investigation into the issue and has sent a letter to President Obama about it.

“This is absolutely unacceptable,” said Carnahan, a Democrat from Missouri. “No veteran who has served and risked their life for this great nation should have to worry about their personal safety when receiving much needed healthcare services from a Veterans Administration hospital.”

Conservatives are right that government does not do a good job in managing  health care. A government take over of health care would be a bad thing. Of course health care reform is not a government take over of health care, and government regulation to counter the abuses of the insurance industry is beneficial.

Health care reform has nothing to do with situations such as VA hospitals. Similarly it has nothing to do with Canadian or British health care. If conservatives were really interested in freedom of choice they would be enthusiastically supporting health care reform. Of course the modern conservative movement is an authoritarian movement which has nothing to do with supporting freedom. They are far more likely to support the “freedom” of the insurance industry to limit health care options while ignoring the fact that only the use of governmental power gives people an ability to counter the power of big corporations.

Obama’s Long Term Impact

Peter Beinart, writing at The Daily Beast, points out that “Obama has exceeded in 18 months what Clinton and Carter achieved in a combined 12 years.” His article on Obama’s success concludes:

Unless a policy victory brings political benefits—rising poll numbers, better prospects for the next elections—it is not treated as a big win. Thus, the Tea Party movement is considered an ominous sign for Obama, evidence that the country is turning against him. But the reason that the Glenn Beck and Sarah Palin crowd is so angry is that Obama has expanded the federal government’s relationship with the private sector in fundamental ways. In political terms, the Tea Party movement may be a sign of Obama’s weakened position, but in policy terms, it is a testament to his success. As shrewd conservatives like David Frum recognize, the current mood of Republican optimism is wildly misplaced. When Republicans refused to compromise with Obama on health care, they gambled that he wouldn’t, or couldn’t, push through reform with only Democratic support. Then, when he did, they insisted that he was destroying his chances of passing future legislation. Now he’s proved them wrong again. So what if Obama’s legislative success prompts a backlash that buys the GOP a few more seats this fall? As Frum has asked pointedly, was it a win for the Republicans because after Lyndon Johnson passed Medicare they picked up seats in the midterm elections of 1966?

The larger truth is this: Even as Republicans claim political momentum, the country is in the midst of a major shift leftward when it comes to the role of government. That shift is playing itself out from infrastructure to health care to finance and perhaps eventually to the environment. No one knows whether these shifts will revive the U.S. economy and lay the foundation for stable, broad-based growth, just as no one could predict the impact of the rightward turn in American policy in the early 1980s. Decades later, liberals and conservatives still disagree about whether Reagan’s reforms changed America for good or ill. What they don’t disagree about is the fact that they fundamentally changed America. Those changes made Reagan one of the most consequential presidents in American history. Eighteen months in, it’s a good bet that historians will say the same about Barack Obama.

House Passes Temporary Medicare Fix After Senate Again Fails To Pass More Comprehensive Legislation

Nancy Pelosi’s misguided attempt to use Medicare as leverage to pass the unemployment and jobs measures in the tax-extenders bill failed. Fortunately Pelosi quickly realized there was no point in continuing this strategy when Senate Republicans again blocked passage. Forty Republicans and Ben Nelson voted against the measure, blocking the measure supported by 57 Democrats. Subsequently Pelosi backed down and the House passed the temporary Medicare fix.

While misguided, at least it can be said that Pelosi meant well, motivated by a desire to promote economic recovery, which certainly could not be said of the Republicans. After the Senate passed a Medicare fix as a separate measure, she was under the mistaken belief that she had some leverage over Senate Republicans by blocking a vote on the Senate measure.

I am surprised at how badly Pelosi misread the Republicans. Republicans were willing to vote for the Medicare “doc fix” but certainly would not be heartbroken if it failed and they could blame Democrats for destroying Medicare. Even if they were actually in support of the measure, their opposition to spending money on jobs or the unemployed certainly trumped any such feelings.

Senator Debbie Stabenow of Michigan (where we recently fell to the number two in unemployment, now surpassed by Nevada)  summed  up the Republican mind set here:

It is very clear that the Republicans in the Senate want this economy to fail. They see that things are beginning to turn around. You know the numbers. When this president took office, we were losing 750,000 jobs a month. … Now we are gaining jobs. … Unfortunately, and cynically [on their part], in cynical political terms, it doesn’t serve them in terms of their elections if things are beginning to turn around.

I believe when you look at this bill, which is all paid for — we raised revenues to pay for it — the one piece that is technically not paid for [is the federal unemployment benefit extensions and] that is done in a way that we have always done it, … [those are] always categorized as an emergency. And, frankly, if 15 million people without jobs is not an emergency, I don’t know what is.

Ezra Klein provided this political interpretation earlier in the day when he anticipated the loss on the jobs measures:

And still, it looks like Democrats might lose the vote today. And when I say “lose the vote,” I don’t mean that a majority of the Senate will vote against it. I mean that 58 senators, rather than 60, will support the legislation. All Republicans, and possibly Ben Nelson, appear to remain opposed. And why not? The less that Democrats appear to be doing on jobs — and the fewer jobs that Democrats actually create — the better Republicans will do in November. Substantial compromises on the bill haven’t brought any new votes, and that’s in part because Republicans see no political upside in passing the legislation.

While it made no sense for Pelosi to believe that the threat of not passing the Medicare fix would get Republicans to vote for unemployment benefits, at least she did quickly back down and get the Medicare fixed later the same day.

Getting this passed quickly was important for a number of reasons. After postponing the processing of payments since the beginning of June, Medicare began processing payments with the 21 percent cut. It will now be necessary to reissue these checks with the updated amount. Earlier in the week I saw estimates that this would cost $15 million, and this would increase with every batch of Medicare payments which must be reprocessed. The delay also increases expenses for physicians and undermines confidence in Medicare. This might lead more doctors, who now see Medicare patients at a considerable discount compared to commercial payers,  to decide against accepting Medicare patients.

Now that it is established that both parties agree that this needs to be fixed, hopefully we can also achieve a permanent fix to the Medicare payment formula before the end of the year. Attempts last year failed because the Republicans had wanted to include this cost in the cost of health care reform and use it as another bogus argument against reform. Now that health care reform has been passed hopefully the Republicans will not see further political gain in blocking a permanent fix.

AARP Joins Physician Groups In Blasting Congress For Inaction On Medicare Payment Fix

The failure of Congress to act on the Medicare “doc fix” has led to protests from medical organizations and the American Association of Retired People who have pointed out the harm this will do to the Medicare program and people dependent upon Medicare for their health care. The American Academy of Family Practitioners has called on Congress to stop harming patients and do their job. The American College of Physicians has blasted Congress for causing “Irreparable damage to Medicare” as seniors and military families face loss of access to health care. AARP sent the following letter to every member of Congress urging action on Medicare, warning that their inaction “threatens access to physician services for millions of Medicare beneficiaries.”

On behalf of millions of AARP members, I urge you to immediately pass legislation that ensures seniors have access to their physicians, and provides much needed fiscal relief to the states and to unemployed individuals.

Regrettably, given Congress’s failure to reach timely agreement on a Medicare physician pay package, the Centers for Medicare and Medicaid Services has now been forced to implement a draconian 21.3 percent reduction in their reimbursements.  This cut threatens access to physician services for millions of Medicare beneficiaries – especially those living in rural and other underserved areas.

While Congress continues to debate temporary patchwork solutions, people on Medicare are growing increasingly anxious about whether they will be able to find a doctor when they need one.  Seniors, who have paid into Medicare their entire working lives, deserve the peace of mind of knowing they will be able to find a doctor who will treat them.

AARP urges Congress to act immediately to stabilize doctor reimbursement rates for as long as possible until a permanent solution can be found.   For nearly a decade, Medicare patients and the doctors who treat them have been held hostage by short-term patches to an unworkable Sustainable Growth Rate (SGR) formula.  In the months to come, we look forward to working with Members of Congress from both sides of the aisle to repeal the SGR formula and replace it with a permanent physician payment system for Medicare that rewards value and ends the uncertainty for patients and providers alike.

In addition, enhanced Medicaid funding to states to assist them with the added costs of providing health coverage to low income individuals and for home and community based services must be extended.

Finally, we urge the extension of unemployment benefits for those unable to find jobs during this economic downturn.

AARP members are counting on you to address these critical issues immediately to protect their health and economic security.

Congress Plays Chicken With Medicare

Medical blogs have been protesting the failure of Congress to resolve this problem. For example, Dr. Rob warns that Congress is playing “a great big game of chicken.”

  • The house is playing chicken with the senate.
  • The Democrats are playing chicken with the Republicans.
  • They aren’t in the cars themselves, we are.  Doctors and patients are careening toward destruction in the name of political gamesmanship.

Surely they will flinch.  Surely someone will understand the consequences of the crash.  But you know what?  Sometimes each side expects the others will be the ones who flinch.  Sometimes nobody flinches.  Sometimes the cars crash and people are killed.

There are two potential ways to resolve this deadlock. The quickest would be for Nancy Pelosi to go along with Senate Majority Leader Harry Reid, House Majority Leader Steny Hoyer, and Rep. Robert Andrews (D-N.J.), the Chair of the Education and Labor health panel, and allow the House to vote on the temporary fix passed in the Senate last week.

Nancy Pelosi has been insisting on a different course by attaching the Medicare “doc fix” to other unrelated legislation. The Senate is attempting to pass legislation which includes some of Pelosi’s goals, but it is questionable if the Senate could pass such legislation without watering it down to the point where Pelosi would not find it acceptable.

For Nancy Pelosi to be the one who, at present, is blocking passage of this legislation might be political suicide for the Democrats, risking turning over control of Congress to the Republicans in November. The Democrats are already on shaky ground with seniors. As Ezra Klein pointed out earlier today, health care reform has become more popular since passage–except with seniors. The Democrats cannot afford to further alienate the senior vote, which tends to turn out more heavily in off year elections than the younger voters who are more likely to stick with the Democrats.

American Academy of Family Practitioners Calls on Congress To Stop Harming Patients By Failing To Pass Payment Fix

The American Academy of Family Practitioners has called on Congress to stop harming patients and do their job. The text of their statement follows:

“The House and Senate are pulling the rug out from under millions of Americans who depend on Medicare and TRICARE for their health care coverage.

“This squabbling is intolerable. Political infighting over the Medicare physician payment fiasco has gone on far too long. It threatens access to care for elderly and disabled patients and for members of our armed services and their families. It seriously undermines physician confidence that Medicare will reliably pay for the services already rendered. It undercuts the foundation on which health care reform is to be built.

“For many rural and underserved communities, family physicians are the only health care professionals. They have operated on razor thin margins since Medicare payment stagnated nine years ago. The 21 percent pay cut that went into effect June 1 has pushed their Medicare compensation to levels they haven’t seen since 1994. Now these physicians — often the only source of health care in rural and underserved areas — face the possibility of cutting their staff, missing payroll, and limiting the number of Medicare and TRICARE patients they can accept.

“Congress must stop harming patients and act on legislation that retroactively restores the 21 percent Medicare payment cut with a formula that provides stability to the system. They must stop playing with the lives of constituents with the one-upmanship and political scorekeeping. They must pass legislation that ends these outrageous political games that puts the health and welfare of millions of Americans at risk.”