Health Care Blog
Judicial Activism and the Affordable Care Act
Posted by on January 31, 2011 at 5:49 PM EDTToday, a judge in Florida issued a decision in a case filed by 25 Republican Attorneys General and Governors striking down the Affordable Care Act. This ruling is well out of the mainstream of judicial opinion. Twelve federal judges have already dismissed challenges to the constitutionality of the health reform law, and two judges – in the Eastern District of Michigan and Western District of Virginia – have upheld the law. In one other case, a federal judge in the Eastern District of Virginia issued a very narrow ruling on the constitutionality of the health reform law’s “individual responsibility” provision and upheld the rest of the law.
Today’s ruling – issued by Judge Vinson in the Northern District of Florida – is a plain case of judicial overreaching. The judge’s decision contradicts decades of Supreme Court precedent that support the considered judgment of the democratically elected branches of government that the Act’s “individual responsibility” provision is necessary to prevent billions of dollars of cost-shifting every year by individuals without insurance who cannot pay for the health care they obtain. And the judge declared that the entire law is null and void even though the only provision he found unconstitutional was the “individual responsibility” provision. This decision is at odds with decades of established Supreme Court law, which has consistently found that courts have a constitutional obligation to preserve as a much of a statute as can be preserved. As a result, the judge’s decision puts all of the new benefits, cost savings and patient protections that were included in the law at risk.
Under today’s view of the law, seniors will pay higher prices for their prescription drugs and small businesses will pay higher taxes because small business tax credits would be eliminated. And the new provisions that prevent insurance companies from denying, capping or limiting your care would be wiped away.
We don’t believe this kind of judicial activism will be upheld and we are confident that the Affordable Care Act will ultimately be declared constitutional by the courts.
Learn more about Health CareInstitute of Medicine Issues Second Report on HIV Screening and Access to Care
Posted by on January 31, 2011 at 3:54 PM EDTToday, the Institute of Medicine (IOM) released the second report in a series that evaluates HIV testing policies and access to care. This report, which is entitled “HIV Screening and Access to Care: Exploring the Impact of Policies on Access to and Provision of HIV Care”, examines how Federal and State laws and policies and private health insurance policies affect entry into clinical care and the provision of continuous and sustained care for people with HIV. The report found that the lack of integration in State and Federal programs that assist people with HIV creates or exacerbates barriers to adequate HIV treatment. In addition, the report concludes that patients often experience medical and social difficulties as a result of their HIV status that, in turn, interfere with their HIV treatment.
In 2009, the White House Office of National AIDS Policy (ONAP) commissioned the IOM to convene a 15-member Committee on HIV Screening and Access to Care, which was tasked with planning and conducting a series of three workshops and activities that evaluate barriers to expanded HIV testing and treatment programs. The outcome of these efforts is the issuance of three reports that examine certain questions related to HIV testing policy and access to care. The Committee’s first report focused on the extent to which Federal and State laws and policies, private health insurance policies and practices, and other factors inhibit or promote expanded HIV testing.
The final forthcoming report in the series will focus on the current capacity of the health care system to administer a great number of HIV tests and to accommodate new HIV diagnoses.
Last July, the President released the National HIV/AIDS Strategy for the United States that includes three primary goals of (1) reducing new HIV infections; (2) increasing access to care; and (3) reducing HIV-related health disparities. Of note, the goal of increasing access to care is tied to the implementation of the Affordable Care Act, which will significantly expand access to care for people with HIV. This report highlights the opportunities within the Affordable Care Act to expand access, but also addresses the potential challenges we face with respect to ensuring services are coordinated and integrated to improve the quality of care for people with HIV. As we work toward implementing the goals of the Strategy and the Affordable Care Act, we expect that the issues raised in the report will aid in our implementation efforts.
To obtain a copy of today’s report or the first report released from the Committee, please visit the IOM website at www.IOM.edu.
Chantelle Britton is the Policy Advisor for the Office of National AIDS Policy
Voices of Health Reform: The President Addresses Families USA
Posted by on January 28, 2011 at 7:00 PM EDTThis morning, President Obama addressed Families USA’s Health Action 2011 Conference and discussed how the Affordable Care Act is helping to strengthen our health care system for all Americans.
In his remarks, the President highlighted two Americans that you may have heard about here on the White House website, Janine Vaughn, of Spokane, Washington and Gail O’Brien, of Keene, New Hampshire. Here is part of what the President said:
“I don’t want to tell students that we’re booting them off their parents’ coverage. I don’t want to tell seniors that their medicine is out of reach again. I don’t want to tell Janine her taxes are going back up, or Gail that she’s got to choose between keeping her home and getting well….
I don’t want that for America. I don't want that for our families. That’s not who we are and that’s not what we stand for.”
Janine and Gail are just two of the millions of Americans who are benefiting from the Affordable Care Act. You can listen to Janine’s story and watch a video of President Obama calling Gail at home.
Learn more about Health CareWhat You Missed: The State of the Union and Health Care
Posted by on January 28, 2011 at 5:56 PM EDTYesterday, Secretary of Health and Human Services Kathleen Sebelius sat down with AOL Health, Nurse.com, WebMD.com, and Medscape.com to answer questions from their readers about health care and the President's State of the Union Address. Check out the full video or use the links below to jump to your favorite questions.
Learn more about Health CareVoices of Health Reform: Kayla's Story
Posted by on January 27, 2011 at 12:41 PM EDTEditor’s Note: This post is part of a series where readers can meet average Americans already benefiting from the health reform law, the Affordable Care Act.
When Kayla Holmstrom was just 9 years old, she was in a motorcycle accident. While her insurance plan covered her medical expenses, she contracted chronic osteomyelitis, a chronic bone infection. Since contracting the disease she has had over 25 surgeries on her leg and her infection could flare up at any time.
Kayla is now studying to become a nurse at South Dakota State University and would have lost her coverage under her parent’s plan when she turned 24. But thanks to the Patient’s Bill of Rights that was a part of the Affordable Care Act, Kayla can stay on her parent’s health insurance plan until her 26th birthday.
Learn more about Health CareWhite House Live: The President and Senior Officials Take Your Questions
Posted by on January 27, 2011 at 12:34 PM EDTToday, President Obama and senior officials from around the Administration will be answering your questions about the State of the Union Address and the President’s vision to win the future. You can watch all the live question-and-answer sessions today on WhiteHouse.gov/live.
Here’s the lineup for today on WhiteHouse.gov/live:
11:30 a.m. EST: Economy Roundtable with Austan Goolsbee, Chairman of the Council of Economic Advisers
1:00 p.m. EST: Foreign Policy Roundtable with Denis McDonough, Deputy National Security Advisor
2:30 p.m. EST: Live YouTube interview with President Barack Obama
3:15 p.m. EST: Education Roundtable with Secretary of Education Arne Duncan
4:30 p.m. EST: Health Care Roundtable with Secretary of Health and Human Services Kathleen SebeliusIf you haven’t already, be sure to watch the President’s State of the Union Address.
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