First Edition: Feb. 8, 2023

KHN: More Young Colorado Children Are Consuming Marijuana Despite Efforts To Stop Them 
The number of children — especially very young ones — ingesting marijuana is rising in Colorado despite regulations meant to keep edibles out of kids’ hands, and state leaders said they have no plans to revisit those rules this year. The number of reports the Rocky Mountain Poison and Drug Safety office received of kids age 5 or younger exposed to marijuana skyrocketed from 56 in 2017 to 151 in 2021. By 2021, this age group made up nearly half of all marijuana exposures — in which the drug is ingested, inhaled, or absorbed through the skin — reported to the office, which is part of the nonprofit Denver Health organization. (Santoro, 2/8)

KHN: The Pill Club Reaches $18.3 Million Medicaid Fraud Settlement With California 
The Pill Club, an online women’s pharmacy, has reached an $18.3 million settlement with California authorities over claims it defrauded the state’s Medicaid program by prescribing birth control pills without adequate consultation and shipping tens of thousands of female condoms to customers who didn’t want them. Attorney General Rob Bonta announced the agreement Tuesday, a day after a state court unsealed a whistleblower complaint against The Pill Club, which markets convenient reproductive health services to women nationwide. The whistleblowers’ complaint alleges the Silicon Valley company also bilked private health insurers in at least 38 states, including California. (Thompson, 2/7)

Stat: In State Of The Union, Biden Pitches Addiction, Mental Health Care Policies As Opportunities For Bipartisanship
President Biden strived with Tuesday night’s State of the Union address to find a plank of bipartisan support in a split Congress, with health care priorities holding up the frame. The president, halfway through his term, pointed to a slew of populist policies he still hopes Congress could achieve, from battling the addiction crisis to improving mental health care access and bolstering support for at-home caregivers. (Owermohle and Wilkerson, 2/7)

The New York Times: Biden Calls On Republicans To Help Him ‘Finish The Job’ And Build The Economy
The president’s first major encounter with the newly empowered House Republicans featured stark moments of unscripted drama the likes of which were rarely seen during State of the Union addresses of the past. When he mentioned the fentanyl crisis, introducing a father who lost a daughter to an overdose, some Republicans heckled him over drugs entering the country. “The border! The border!” some shouted. “It’s your fault!” At another point, Mr. Biden engaged in a remarkable spontaneous colloquy with Republicans when he accused them of threatening Social Security and Medicare, an assertion that drew some of them to their feet as they rejected the assertion loudly and angrily. At least one of them shouted, “Bullshit!” (Baker, 2/7)

The New York Times: After Shouts Of ‘Liar’ And Worse, Biden Takes On His Detractors In Real Time
When the Republicans shouted back that no, they were not threatening Social Security, Mr. Biden smiled, appearing to relish the scrimmage, and ad-libbed that he was pleased they all agreed. “I’m glad to see — no, I tell you, I enjoy conversion,” Mr. Biden said. ... At points, Mr. Biden turned down the volume, calling for police reform by spotlighting the grieving parents of Tyre Nichols, who died after a brutal beating on Jan. 7 at the hands of Memphis police officers. The president emphatically called for more research to end cancer. (Rogers, 2/8)

The Washington Post: Fact-Checking President Biden’s 2023 State Of The Union Address
Biden's quote: “Some Republicans want Medicare and Social Security to sunset. I’m not saying it’s a majority. … Anybody who doubts it, contact my office. I’ll give you a copy.” Fact-check: Not even the person who wrote the plan that Biden referenced says he supports a “sunset” of the old-age programs. “Sunset” is inside-the-Beltway lingo for programs terminating automatically on a periodic basis unless explicitly renewed by law. (Kessler, 2/7)

The Wall Street Journal: Biden Calls For Insulin Cap, Praises Medicare Drug Negotiation
President Biden called for expanding a $35 monthly cap on out-of-pocket costs for insulin and criticized Republicans for wanting to repeal parts of legislation that will let Medicare negotiate some drug prices. ... “One in 10 Americans has diabetes. Every day, millions need insulin to control their diabetes so they can stay alive,” Mr. Biden said. “Big Pharma has been unfairly charging people hundreds of dollars – four to five hundred dollars a month – and making record profits. Not any more. Not any more.” He also praised one of this administration’s biggest accomplishments on drug pricing: Legislation empowering Medicare for the first time to negotiate with drug makers over some prices. (Armour, 2/7)

USA Today: Biden Wants Insulin Cost Cap Of $35 A Month For All Americans
Biden on Tuesday mentioned how the person who discovered insulin didn't patent so that it would be available to everyone. Canadian scientist Frederick Banting discovered insulin in 1921. Scientists treated the first diabetic patient in 1922 and sold the patent to the University of Toronto for 3 Canadian dollars. The university administered the patent and received royalty payments from drug companies that sold human insulin. (Alltucker, 2/7)

Roll Call: Biden To Push Congress For More Funding For ‘Cancer Moonshot’ 
President Joe Biden made "ending cancer as we know it" one of his top goals as president, and with two years left in his term [used] his State of the Union address to call on Congress to act. The seven years of funding for the "cancer moonshot," $1.8 billion as authorized through the 21st Century Cures Act, runs out this September. ... The administration plans to take steps to reduce smoking, which is one of the largest contributors to cancer deaths. Administration officials declined to comment on specifics ahead of the speech, but the administration has taken several steps recently to reduce harm from tobacco, such as banning menthol and flavored cigarettes and proposing to limit nicotine in cigarettes. (Cohen, 2/7)

The Hill: Biden Pledges More Dollars To End Veteran Suicides, Homelessness
President Biden in his State of the Union address called for more resources to curtail veteran suicides as part of a wider plea to invest in federal aid services. In Biden’s speech, his first before a divided Congress, the president also asked for more financial assistance for former service members to help keep a roof over their heads as well as job training and placement for veterans and their spouses as they return to civilian life. (Mitchell, 2/7)

Politico: The 9 Big Policy Ideas That Biden Hit During His Speech 
Biden pointed to Covid’s blunted impact on public health and the economy as confirmation of his administration’s progress in fighting the pandemic, insisting the country has reached a clear turning point where it can live safely with the virus. He celebrated the planned expiration of the public health emergency for Covid this spring, and declared that the U.S. has “broken Covid’s grip on us.” Biden allowed that the virus is still circulating, and that his administration would continue working to keep it under control. But in a sign of the pandemic’s shrinking political salience, Biden devoted relatively little time to discussing the next stage of a public health battle that once defined his presidency. (Cancryn, 2/7)

Politico: Biden On Police Killings: ‘We Can’t Turn Away’
President Joe Biden called for law enforcement to be held to higher standards in his State of the Union address Tuesday — exactly a month after Memphis police fatally beat Tyre Nichols, a 29-year-old Black man. “All of us in this chamber, we need to rise to this moment,” Biden said. “We can’t turn away. Let’s do what we know in our hearts, what we need to do. Let’s come together and finish the job on police reform.” Biden in his speech didn’t directly call for passage of the George Floyd Justice in Policing Act, but he noted that he previously signed an executive order “banning chokeholds, restricting no-knock warrants, and other key elements of the George Floyd Act” for federal officers. (Olander, 2/7)

Sacramento Bee: As Tyre Nichols’ Family Watches, Biden Urged Assault Weapons Ban
With the mother and stepfather of Tyre Nichols and the former Mayor of Monterey Park — still reeling from feeling the effects of last month’s gunfire — looking on, President Joe Biden made a passionate plea to the nation Tuesday for a new assault weapons ban and help for neighborhoods plagued by violent crime.. “I know most cops and their families are good, decent people, the vast majority. They risk their lives every time they put that shield on. But what happened to Tyre in Memphis happens too often. We have to do better,” the president said to a joint session of Congress in his State of the Union address. ... One of the remedies to stop this sort of violence, Biden said: Revive the assault weapons ban that ended in 2004. (Lightman, 2/7)

Reuters: Biden Says Police Who 'Violate' Trust Should Be Held Accountable In State Of The Union
He also said there was need for more first responders and other professionals to address growing mental health and substance abuse challenges. Members of the Congressional Black Caucus had called on Biden to use his State of the Union speech to push for police reform in the wake of Nichols' death. (Singh, 2/7)

The 19th: Biden Renews Call For Abortion Protections In State Of The Union Address
President Joe Biden used the word “abortion” — one he has rarely uttered in speeches —in his brief remarks on the issue in his State of the Union address on Tuesday. He again called on federal lawmakers to restore the protections of Roe v. Wade and slammed “extreme” abortion bans. (Panetta, 2/7)

Politico: What Biden Said — And What He Meant 
What he said: The vice president and I are doing everything we can to protect access to reproductive health care and safeguard patient privacy. But already, more than a dozen states are enforcing extreme abortion bans. Make no mistake; if Congress passes a national abortion ban, I will veto it. What he meant: I know Congress isn’t going to send this bill to my desk. But please, Republicans, go ahead and take a shot. Decoding: Enough Republicans have expressed their support for a federal abortion ban that Biden can reasonably set this up as a hypothetical. (Stokols, 2/7)

Washington Examiner: State Of The Union: Abortion Opponents Object To Claims About Jill Biden Guest
Anti-abortion groups pushed back on the idea that restrictive abortion laws deny treatment to women who face miscarriages after a Texas woman whose life-threatening miscarriage brought attention to the state's abortion laws last year attended Tuesday's State of the Union speech as first lady Jill Biden's guest. (Adcox, 2/7)

The 19th: Biden Mentions LGBTQ+ Rights Twice In State Of The Union Address
Biden’s remarks included just two mentions of LGBTQ+ rights. Early on, he stated that he had signed “over 300 bipartisan bills” into law, including the Respect for Marriage Act, which makes marriage equality transportable across state lines in the event that the Supreme Court strikes down that right nationwide. And later, after promising to veto an abortion ban, he said: “Let’s also pass the bipartisan Equality Act to ensure LGBTQ Americans, especially transgender young people, can live with safety and dignity.” (Sosin, 2/7)

The New York Times: Biden’s State Of The Union Address: Read The Full Transcript 
President Biden delivered his annual State of the Union address on Tuesday to a joint session of Congress. The following is a transcript of his remarks, as recorded by The New York Times. (2/8)

The New York Times: Fact-Checking Biden’s State Of The Union Address 
Mr. Biden’s speech contained no outright falsehoods, but at times omitted crucial context or exaggerated the facts. Here’s a fact check. (2/8)

The New York Times: Biden Officials Tell Supreme Court That Title 42 Case Will Soon Be Moot 
The Biden administration urged the Supreme Court on Tuesday to dismiss a challenge to ending the pandemic-era immigration measure known as Title 42, saying that the government’s announcement that the health emergency would expire on May 11 would make the case moot. The court in December blocked a trial judge’s ruling that would have lifted the measure, which has allowed even migrants who might otherwise qualify for asylum to be swiftly expelled at the southern border. The justices are scheduled to hear arguments in the case on March 1. (Liptak, 7)

Reuters: Texas Sues Biden Administration For Asking Pharmacies To Fill Reproductive Health Prescriptions 
Texas sued the administration of U.S. President Joe Biden on Tuesday to prevent it from asking pharmacies to fill reproductive health prescriptions. The Biden administration said in July 2022 that refusing to fill prescriptions for drugs that could be used to terminate a pregnancy could violate federal law, regardless of various state bans on the procedure. (Singh, 2/7)

ABC News: Missouri AG On Mailing Abortion Pills: 'Flawed Reading' Of The Law
But attorneys general from 20 states with strict abortion bans have issued a stark warning to pharmacies that following through on mailing abortion pills would violate federal and some state laws. Missouri Attorney General Andrew Bailey wrote the letter. He spoke to ABC News Live’s Linsey Davis about why the attorneys general issued the warning and whether women who receive the medication could face prosecution. (2/7)

Arkansas Democrat Gazette: State Senate Approves Bill To Repeal Of Abortion Licensure
The Arkansas Senate on Tuesday handily approved a bill that would repeal the state law under which a clinic, health center or other facility in which a pregnancy of a woman is willfully terminated or aborted shall be licensed by the state Department of Health. (Wickline, 2/8)

The Washington Post: Va. General Assembly Faces Stalemate On Guns, Abortion At 'Crossover'
Division was on full display this week as lawmakers churned through hundreds of last-minute bills before Tuesday night’s deadline for “crossover,” when the House of Delegates and Senate must finish work on their own measures and send them to the opposite chamber. ... None of about 20 proposed constitutional amendments got a vote in the House — most notably, one supporting Gov. Glenn Youngkin (R) in his call for a ban on abortions after 15 weeks, with exceptions for rape, incest and the life of the mother. (Schneider and Vozzella, 2/7)

CIDRAP: More Than 600 US Doctors Died Than Expected Early In COVID Pandemic 
Early in the COVID-19 pandemic, 622 more US physicians died than expected, but no excess deaths occurred after April 2021, when vaccines were broadly available, finds a study yesterday in JAMA Internal Medicine. Stanford University researchers led the analysis of American Medical Association monthly death data from January 2016 to February 2020 among active and nonactive physicians aged 45 to 84 years. The team used this model to estimate expected deaths from March 2020 to December 2021 and then calculated excess deaths. (Van Beusekom, 2/7)

San Francisco Chronicle: Sewers Reveal New Coronavirus Wave In Parts Of Bay Area
Coronavirus levels monitored in Bay Area wastewater reveal another COVID-19 wave is under way in several regions despite the low case rates reported on the local health department dashboards. The San Jose sewer shed in Santa Clara County shows a “high” level of the coronavirus gene per gram of waste solids,  according to state data on viral counts in wastewater. (Vaziri, 2/7)

Kansas City Star: Can You Prevent Long COVID? It May Depend On Lifestyle
Preventing long COVID and its array of potential symptoms that can afflict the body could depend on a person’s lifestyle, a new Harvard-led study suggests. Sticking to simple, healthy habits such as getting good sleep is not only beneficial to one’s overall health, but may also significantly lower the chances of developing long COVID, according to research published Feb. 6 in the journal JAMA Internal Medicine. (Marnin, 2/7)

Modern Healthcare: Centene Expects To Lose 2.2M Medicaid Members In 2023
Centene expects to lose an estimated 2.2 million Medicaid members during the redetermination process over the next 18 months, which would significantly dial back the insurer's pandemic-era growth. (Devereaux, 2/7)

Stat: Pharma Loses Battle In Bid To Block Drug Importation From Canada
In a setback to the pharmaceutical industry, a federal judge has tossed a lawsuit that sought to prevent state governments from importing medicines from Canada. The decision is likely to embolden more states to now consider the approach as they look to lower the cost of prescription drugs. (Silverman, 2/7)

Modern Healthcare: Providers Score Another Win In Surprise Billing Litigation
Judge Jeremy D. Kernodle of the U.S. District Court for the Eastern District of Texas tossed portions of the final rule issued by three federal agencies in August related to the independent resolution process that aims to settle payment disputes between out-of-network insurers and providers. The regulation instructs a third-party arbiter to consider both an insurer's median in-network rate, or qualified payment amount, and additional information when determining the correct payment for a surprise bill. (Kacik, 2/7)

Bloomberg: Curbing Pharma Pollution Is Key To Superbug Fight, Report Says
Cutting down on pollution in the pharma, agriculture and health-care sectors is key to help fight superbugs, according to a new report. Hospitals, drugmakers and animal farms release a mix of antimicrobials, metals and other chemicals in wastewater that foster the development of bacteria equipped to resist even the world’s most potent antibiotics, the United Nations Environment Program said Tuesday. (Pham, 2/7)

The Washington Post: New D.C. HIV Data Shows Uptick In Diagnoses Due To Pandemic
New HIV cases in D.C. remain far below historic highs, but in 2021 the city saw an uptick in diagnoses that public health experts say is likely to continue until testing and treatment return to pre-pandemic levels. There were 230 new HIV diagnoses in 2021, a decline of 83 percent from the peak of 1,374 cases in 2007 but an increase from 2019, when 219 cases were diagnosed, according to the Annual HIV, Hepatitis, Sexually Transmitted Infections (STIs), and Tuberculosis (TB) Surveillance Report, which the city released Tuesday. (Portnoy, 2/7)

The Washington Post: D.C. Council To Spend $850,000 To Design Taft Bridge Suicide Barriers
The D.C. Council passed emergency legislation Tuesday to spend $850,000 to design suicide barriers on the William Howard Taft Bridge. The emergency legislation, introduced by council member Charles Allen (D-Ward 6), reallocates money within the District Department of Transportation (DDOT) budget to draw up the project on the bridge, which carries Connecticut Avenue NW over Rock Creek. It comes after two deaths by suicide on the bridge in the past year — the most recent in January — and months of community advocacy to build the barriers. (Elwood, 2/7)

The New York Times: New York City’s Social Services Commissioner Will Resign 
New York City’s embattled social services commissioner, who has faced criticism over his handling of the city’s homelessness crisis, said in a television interview on Tuesday that he is resigning. The commissioner, Gary Jenkins, has overseen the city’s response to one of the greatest challenges facing New York City as the homeless population hit a record last year. (Fitzsimmons and Newman, 2/7)

The Wall Street Journal: Residents Not Yet Permitted To Return Home After Ohio Derailment 
“I want nothing more than to get my residents back home,” said East Palestine Fire Chief Keith Drabick. He said he was still waiting for monitoring data and further guidance from health experts. “Quite frankly, once I feel it’s safe for my family to return we will lift that evacuation order to allow people to go home.” Randy Padfield, director of the Pennsylvania Emergency Management Agency, said no concerning air-quality readings had been detected. But he urged residents living within 2 miles of the derailment to stay indoors and keep their windows closed.  (Maher and Fung, 2/7)

AP: EXPLAINER: Toxic Gases Connected To Ohio Train Derailment 
Vinyl chloride was slowly released into the air Monday from five of the 10 derailed cars before crews ignited it to get rid of the highly flammable, toxic chemicals in a controlled environment, creating a dark plume of smoke. The impact of burning vinyl chloride is a concern. ... Vinyl chloride is associated with increased risk of liver cancer and other cancers, according to the federal government’s National Cancer Institute. ... Officials warned the controlled burn would send phosgene and hydrogen chloride into the air. Phosgene is a highly toxic, colorless gas with a strong odor that can cause vomiting and breathing trouble and was used as a weapon in World War I. (2/8)

Tallahassee Democrat: Plan To Allow Permitless Concealed Guns In Florida Gains Traction As Speakers Line Up In Three Camps
There were 120 speaker cards on the desk when Rep. Spenser Roach, R-Fort Myers, gaveled the Constitutional Rights, Rule of Law & Government Operations Subcommittee to order for consideration of a bill to allow the permitless carry of concealed firearms in Florida. (Call, 2/8)

The Orange County Register: LA County Supervisors Ban Large-Caliber Handguns, Prohibit Guns On County Property
In the wake of the mass shooting in Monterey Park, the Los Angeles County Board of Supervisors on Tuesday, Feb. 7 adopted two gun-control regulations, one that bans the sale of large-caliber handguns and ammunition and one that prohibits people from carrying guns in county parks, plazas, beaches and buildings — with exceptions for law enforcement, active military and others. (Scauzillo, 2/7)

Atlanta News First: Proposed Senate Bill Seeks To Keep Guns Out Of The Hands Of Children
On Tuesday, 10 Georgia Senate Democrats sponsored a bill to penalize family members if they don’t secure or lock a firearm around someone 17 or younger. (Kousouris, 2/7)

The New York Times: Frequent Blood Pressure Monitoring Is Needed Throughout Pregnancy
Health care providers must check pregnant patients’ blood pressure regularly, starting early on and continuing throughout pregnancy, according to new draft recommendations from the U.S. Preventive Services Task Force. The task force issued the draft recommendations on Tuesday amid growing concern about a rise in maternal mortality. Pregnancy-related deaths in the United States are the highest among industrialized nations, and hypertensive disorders of pregnancy are among the leading causes. (Rabin, 2/7)

The Washington Post: 18 Percent Of U.S. Adults Use Medication To Help Them Sleep
In search of a good night’s sleep, 18 percent of U.S. adults use some type of medication to help them snooze, according to a report from the National Center for Health Statistics, part of the Centers for Disease Control and Prevention. This includes those who say they take sleep medication most nights (6 percent), every night (2 percent) or some nights (10 percent). More women than men take sleep medication, and usage overall increases with age, the report finds. (Searing, 2/7)

Stat: Bird Flu Experts See A Familiar Threat — And An Unpredictable Virus
Veteran influenza epidemiologist Keiji Fukuda remembers vividly when he first became fearful that a virulent bird flu virus, H5N1, might be on the verge of triggering a devastating pandemic. The virus, seemingly out of nowhere, did something bird flu viruses were thought not to be able to do. It infected 18 people, killing six of them. That happened in 1997, in Hong Kong. (Branswell, 2/8)

The Washington Post: What To Know About Bird Flu And How It Affects Humans 
An outbreak of a highly pathogenic avian influenza strain is decimating wild and farmed bird populations globally, fueling a debate about the most effective ways to end it and the potential risk to humans. Some experts are concerned about the possibility that the H5N1 virus could one day evolve to more easily spread from birds to mammals. Although the risk to humans remains low, speculation about the virus has caused worry that the bird flu outbreak could develop into a larger threat. (Bever and Timsit, 2/7)

Bay Area News Group: Boston University Researchers Find CTE In 345 Of 376 Former NFL Players
Boston University researchers say they have now diagnosed 345 former NFL players with chronic traumatic encephalopathy (CTE) out of 376 former players studied. In comparison to that 91.7% CTE rate of studied former NFL players, a past BU study of 164 brains of men and women found that only 1 of 164 (0.6%) had CTE. The lone CTE case was a former college football player. (Sobey, 2/7)