Morning Briefing
Summaries of health policy coverage from major news organizations
First Edition: September 6, 2018
Kaiser Health News: Avoidable Sepsis Infections Send Thousands Of Seniors To Gruesome Deaths
Shana Dorsey first caught sight of the purplish wound on her father’s lower back as he lay in a suburban Chicago hospital bed a few weeks before his death. Her father, Willie Jackson, had grimaced as nursing aides turned his frail body, exposing the deep skin ulcer, also known as a pressure sore or bedsore. “That was truly the first time I saw how much pain my dad was in,” Dorsey said. (Schulte, Lucas and Mahr, 9/5)
Kaiser Health News: States Looking To Tax Opioids Pin Hopes On November Elections
After almost slapping a tax on makers of opioid pills earlier this year, Minnesota lawmakers are set to try again when they meet in January. The drug manufacturers that helped create the opioid addiction crisis should help fix it, said state Sen. Chris Eaton, whose daughter died of an overdose. “I’m definitely going to pursue it” in the next legislative session, said Eaton, a Democrat. “Whether it has a chance or not kind of depends on the election.” (Hancock and Luthra, 9/6)
Kaiser Health News: Assisted Living Kicks Out The Frail ’Cause ‘We Can’t Take Care Of You Any Longer’
The phone call came as a shock. Your aunt can’t transfer into memory care; we have to discharge her from this facility, a nurse told Jeff Regan. You have 30 days to move her out. The next day, a legal notice was delivered. Marilou Jones, 94, who has dementia, was being evicted from Atria at Foster Square, an assisted living facility in Foster City, Calif. The reason: “You are non-weight bearing and require the assistance of two staff members for all transfers,” the notice said. (Graham, 9/6)
The Washington Post: Kavanaugh Debates And Dodges On Day 2 Of His Supreme Court Confirmation Hearing
Supreme Court nominee Brett M. Kavanaugh presented himself to the Senate and the American public Wednesday as an independent judge with an open mind, refusing to be pinned down on legal questions involving investigations of President Trump and how his presence on the court might shift its ideology to the right. Kavanaugh, 53, a judge on the U.S. Court of Appeals for the D.C. Circuit, proved to be an amiable and collected witness during a 12½ -hour day of questioning and dozens of interruptions from screaming protesters, who were quickly escorted outside the committee room by Capitol Police. (Barnes, Marimow, Kim and Viebeck, 9/5)
The New York Times: What Kavanaugh’s Hearings Reveal About His Beliefs On Abortion, Guns And Presidential Power
Asked about the constitutional right to abortion, Judge Brett M. Kavanaugh talked instead about precedent. He described the Supreme Court’s two key decisions: Roe v. Wade, the 1973 ruling that established a constitutional right to abortion, and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the core of that right. Collectively, he said, the two decisions held that “a woman has a constitutional right to obtain an abortion before viability subject to reasonable regulation by the state up to the point where that regulation constitutes an undue burden on the woman’s right to obtain an abortion.” (Liptak, 9/5)
Los Angeles Times: Kavanaugh Sticks To His Position On Guns, Dodges Questions About Abortion And Presidential Power
Most legal experts predict that Kavanaugh, if confirmed, will provide the fifth conservative vote on the court to at least restrict abortion rights, if not overturn Roe. During his campaign, Trump promised to appoint only judges who would vote to overturn the abortion ruling. But Kavanaugh seemed eager to raise some doubts about those predictions. “I understand the significance on the issue,” he said Wednesday. “I don’t live in a bubble. I live in the real world.” (Savage, Haberkorn and Wire, 9/5)
The New York Times: Kavanaugh Ducks Questions On Presidential Powers And Subpoenas
Judge Brett M. Kavanaugh, President Trump’s nominee to the Supreme Court, on Wednesday dodged direct questions about whether the Constitution would allow Mr. Trump to use the powers of the presidency to thwart the Russia collusion and obstruction investigations that are swirling around his administration. (Shear, Liptak and Stolberg, 9/5)
The Wall Street Journal: Kavanaugh Pledges Fairness As Supreme Court Justice
Democrats—and some Republicans—pushed Judge Kavanaugh on “the elephant in the room,” as Sen. Richard Blumenthal (D., Conn.) put it: President Trump, whose 2016 election campaign and subsequent administration face legal probes that have brought the conviction of his former campaign chairman and guilty pleas by his former lawyer. Clearly anticipating such questions, Judge Kavanaugh at the outset praised Supreme Court cases in which justices voted against the interests of the president who appointed them. U.S. v. Nixon—in which the court unanimously ordered then-President Richard Nixon to turn over potentially incriminating audiotapes in the Watergate scandal—is “one of the four greatest moments in Supreme Court history,” he said. (Bravin and Tau, 9/5)
Politico: Kavanaugh Dodges Debates That Could Touch Trump
Kavanaugh kept his cool amid frequent demonstrator disruptions throughout the long day and rarely appeared rattled by Democratic questioners, although Coons appeared to carve a chink in the nominee’s armor by pressing him on his views about whether a sitting president can be indicted. (Schor, 9/5)
The Washington Post: Kavanaugh Hearing: Supreme Court Nominee Won’t Commit To Removing Himself From Cases Directly Affecting Trump
Earlier in the evening, Senate Majority Leader Mitch McConnell (R-Ky.) dismissed Democratic objections to Kavanaugh’s nomination and predicted the judge would be seated on the Supreme Court before its session begins in October. (Kim, Marimow, Barnes and Viebeck, 9/5)
The Associated Press: Trump Taking Supreme Court Fight To Montana, North Dakota
President Donald Trump is taking the Washington debate over his Supreme Court nominee to the home of two red-state Senate Democrats this week, elevating Judge Brett Kavanaugh's confirmation as a political litmus test for voters. Trump's strategy aims to turn the screws on the lawmakers, Jon Tester of Montana and Heidi Heitkamp of North Dakota, who find themselves caught between Senate leaders and progressive donors who are fighting Kavanaugh's confirmation, and their states' more conservative electorate, which is more broadly supportive of Trump's pick. (Miller and Thomas, 9/6)
The New York Times: Another Case Is Threatening Obamacare. Democrats Hope It Will Help Them.
More than 1,000 miles from the caustic Supreme Court confirmation hearing of Brett M. Kavanaugh, a federal judge in Texas on Wednesday listened to arguments about whether to find part or all of the Affordable Care Act unconstitutional, in a case that may end up before a newly right-leaning set of justices. The case has become not simply a threat to the landmark legislation. Democrats have sought to make it both a flash point in the battle over whether to confirm Judge Kavanaugh and a crucial prong in their strategy to retake control of the House and Senate in the midterm elections. (Goodnough, 9/5)
The Associated Press: No Immediate Ruling In GOP's Latest 'Obamacare' Lawsuit
The latest push to scrap the Affordable Care Act once and for all pressed ahead Wednesday as Republican-controlled states asked a federal judge to finish what Congress started last year and bring the law that insures 20 million Americans to a halt. A small group of protesters, some holding signs reading "Save the ACA," shouted across the street from a Fort Worth, Texas, courthouse where former President Barack Obama's health care law is again under attack. At issue are core principles of the law, including protections for people with pre-existing medical conditions and limits on how much older customers can be charged. (Weber, 9/5)
The Washington Post: The Affordable Care Act Is Under Fire Again In Federal Court
The nearly four hours of legal sparring at Wednesday’s hearing shone a light on the partisan acrimony surrounding the statute that, several years after it extended health coverage to millions of Americans, remains a favorite Republican whipping post and is serving as a convenient rallying cry for Democratic candidates in this year’s midterm elections. In an abnormal arrangement, attorneys for the federal government — the defendant in the case — sat on the same side of the courtroom as the plaintiff’s lawyers during Wednesday’s hearing. The odd seating pattern stems from the fact that the Trump administration is largely agreeing with the plaintiffs who are suing. In June, the Justice Department saying in a court filing it would not defend the law. (Goldstein and Reaves, 9/5)
The Wall Street Journal: Judge Grills Democrats On Health Law’s Constitutionality
Judge O’Connor, who was appointed by former President George W. Bush, said he would issue a decision as quickly as he can. If he strikes down the ACA or parts of it, the 16 Democratic attorneys general who intervened in the case would likely seek a stay of the decision as they file an appeal. The case could wind up in the Supreme Court. Attorneys representing the Democrats said millions of people with pre-existing conditions could be harmed if the ACA is tossed. “The harm of striking down the ACA…would be devastating,” said Nimrod Elias, a California deputy attorney general. (Hobbs and Armour, 9/5)
The Hill: McConnell: No Plan To Try Again On ObamaCare Repeal Soon
Senate Majority Leader Mitch McConnell (R-Ky.) signaled to reporters on Wednesday that he doesn’t have any plans to move again this year to repeal ObamaCare, even though Republicans might now have a better chance of success after Sen. Jon Kyl (R-Ariz.) was sworn in. Senate Republicans view Kyl as someone more likely to vote with GOP leaders on health care reform legislation than was late Sen. John McCain (R-Ariz.), the maverick whom Kyl replaced after his death. (Bolton, 9/5)
The Associated Press: Hospital Groups Launch Own Company To Make Generic Drugs
Several major hospital groups Thursday launched their own generic drug company to tackle chronic shortages and high prices. The new company, Civica Rx, plans to start with 14 widely used hospital drugs long in short supply. The company isn't disclosing the drugs' names for competitive reasons, but they include a mix of generic pills, patches and injectable drugs for treating infections, pain and heart conditions, board chairman Dan Liljenquist said. (Johnson, 9/6)
The Washington Post: Hospitals Are Fed Up With Drug Companies, So They’re Starting Their Own
Backed by seven large health systems and three philanthropic groups, the new venture will be led by an industry insider who refuses to draw a salary. The company will focus initially on establishing price transparency and stable supplies for 14 generic drugs used in hospitals, without pressure from shareholders to issue dividends or push a stock price higher. “We’re trying to do the right thing — create a first-of-its-kind societal asset with one mission: to make sure essential generic medicines are affordable and available to everyone,” said Dan Liljenquist, chair of Civica Rx and chief strategy officer at Intermountain Healthcare in Utah. (Johnson, 9/6)
NPR: Hospitals Prepare To Launch Their Own Drug Company To Fight High Prices and Shortages
"Every day at Intermountain we manage more than 100 drug shortages, and most of them are generics," said Dr. Marc Harrison, president and CEO of Intermountain Healthcare, a system of 22 hospitals based in Salt Lake City. "The impact on patient care, in terms of trying to find alternatives and scurrying around and trying to find necessary drugs, is incredibly time-consuming and disconcerting." (Kodjak, 9/6)
Stat: Amid Anger Over Drug Prices, Former Pharma CEO Bob Hugin Runs For The Senate
Bob Hugin, the former CEO of Celgene, spent Labor Day walking through the crowd with a phalanx of staff and volunteers, each with a sign and a T-shirt bearing his name. They chanted, cheered, and sloganeered as Hugin’s would-be constituents looked on, varyingly bemused or befuddled at the merry little militia demonstrating in their town. Hugin shook hands, posed for photos, and remembered to say “good to see you” but never “nice to meet you.” This is his life now. In February, the 64-year-old left behind the air-conditioned conference halls, sycophantic analysts, and princely pay packages that come with being a Fortune 500 CEO. He branded himself “a different kind of Republican,” set aside $20 million of his own money, and became the GOP’s only hope to unseat the incumbent Sen. Bob Menendez. (Garde, 9/6)
The Wall Street Journal: Justice Department Nearing Antitrust Approval Of Health Mergers Combining CVS-Aetna, Cigna-Express Scripts
Justice Department antitrust enforcers are preparing to give the green light to two deals in the health-care industry, CVS Health Corp.’s planned acquisition of health insurer Aetna Inc. and Cigna Corp.’s planned purchase of Express Scripts Holding Co., according to people familiar with the matter. Both deals could receive formal antitrust approval as soon as the next few weeks, these people said. (Kendall, Wilde Mathews and Terlep, 9/5)
Reuters: U.S. Judge Blocks Texas Fetal Tissue Burial Laws
A federal judge blocked Texas laws requiring the burial or cremation of aborted fetal tissue, saying in a decision on Wednesday the measures placed substantial and unconstitutional obstacles in the path of a woman's right to choose an abortion. U.S. District Judge David Ezra in Austin, Texas, issued a permanent injunction preventing the measures from going into effect. (Herskovitz, 9/5)
The New York Times: Texas Fetal Burial Law Struck Down In Another Blow To Abortion Restrictions
The Texas Legislature passed the law in 2017. It would have required hospitals, abortion clinics and other providers to arrange for the burial or cremation of fetal remains, regardless of a patient’s personal wishes or religious beliefs, and regardless of whether the remains were from an abortion or miscarriage. David A. Ezra, a senior judge with the Federal District Court in Austin, issued a permanent injunction that blocks enforcement of the law, which had been set to go into effect in February. Texas abortion providers had won a temporary injunction earlier; Judge Ezra issued his final ruling on Wednesday following a five-day trial in Austin in July. (Fernandez, 9/5)
The Associated Press: Report: Fentanyl Deaths In Alaska Quadrupled In 2017
Overdose deaths in Alaska involving the synthetic opioid fentanyl more than quadrupled last year, according to a new report. Alaska State Troopers released its latest annual drug report Wednesday, saying the state's overall illegal drug problem continues to worsen. With it has come associated crimes including thefts, burglaries and violence. (D'Oro, 9/5)
The Hill: Democrats Hold Up Senate Opioids Bill Over 'Earmark' For PhRMA-Backed Group
Democrats are objecting to a bill in the Senate aimed at curbing the opioid crisis because of a GOP provision they say is an earmark for one PhRMA-funded advocacy group. The provision, added by Senate Majority Whip John Cornyn (R-Texas), has sparked concern among Democrats, who say it would only benefit the Addiction Policy Forum, an advocacy group funded by PhRMA, according to a source familiar. (Hellmann, 9/5)
NPR: A Researcher Takes Lessons From Cancer To Develop New Pain Treatment
The explosion of deaths related to opioid misuse has underscored a pressing need for better ways of treating pain, especially chronic pain. Duquesne University pharmacology associate professor Jelena Janjic thinks she's on to one. It involves using a patient's own immune system to deliver non-opioid pain medication to places in the body where there's pain. (Palca, 9/5)
USA Today: I Lost My Son To The Opioid Crisis And Nothing Can Bring Him Back
Whenever I meet someone new at a social gathering, the question typically comes up within a few minutes of casual conversation: How many children do you have? Until nine months ago, this innocent question had a simple answer. Now it triggers a rapid and painful mental calculation. I could say two. My daughter is in New York and my son is in Philadelphia. That’s the easy answer, I suppose. But it doesn’t feel right. No, that doesn’t feel right at all. (Sternberg, 9/5)
USA Today: Social Isolation And Loneliness Epidemic Harm Mental, Physical Health
Rushing to get to work, I almost didn’t stop. But my friend and neighbor, Carol Bell, was right by the driver’s side window so I lowered it to say hello. “Did you hear the man up the street died two weeks ago?” she asked. I hadn’t. And it was the 65-year-old husband of a woman I was close to when our kids, now 18, were toddler friends. We still loved to chat when we bumped into each other. (O'Donnell, 9/5)
The New York Times: These Firms Say They Can Help Prevent School Shootings And Suicides. Do They?
Hours after the deadly school shooting in Parkland, Fla., companies that market their services to schools began to speak up. “Governor, take pride that a Vermont-based company is helping schools identify the violence before it happens,” one company wrote on Twitter to Gov. Phil Scott of Vermont. The chief executive of another company appeared on the news to boast of a “home run”: Its algorithms, he said, had helped prevent two student suicides. (Leibowitz, 9/6)
The Wall Street Journal: Schools Across The U.S. Find Elevated Lead Levels In Drinking Water
Schools in multiple states are tearing out water fountains and old faucets after finding elevated levels of lead in their drinking water. Indiana tested 915 schools in recent months and found that 61% had one or more fixtures with elevated lead levels. Schools in Colorado and Florida, among others, are taking steps to address lead in drinking water. (Maher, 9/5)
The Wall Street Journal: Bayer Says More Americans Are Alleging Monsanto Weedkillers Cause Cancer
Bayer AG said the number of American plaintiffs alleging its recently acquired weedkillers cause cancer has risen sharply, adding to concerns about potentially lengthy and costly litigation stemming from its acquisition of Monsanto. The German chemicals company on Wednesday also lowered its full-year earnings outlook because of delays in closing its $63 billion purchase of Monsanto, which included a portfolio of herbicides that contain glyphosate, notably flagship product Roundup. (Bender, 9/5)
The New York Times: Airport Security Trays Carry More Cold Germs Than Toilets, Study Finds
Airport security is there to protect you, but it may also give you the sniffles — or worse. To all the places and surfaces we’ve been warned are teeming with germs or bacteria — your pets, the subway seat, airplane cabins, the A.T.M. — add the airport security tray. (Karasz, 9/5)
The Associated Press: Judge Orders Quick Action On Graphic Cigarette Warnings
A federal judge is ordering the Food and Drug Administration to quickly finish writing a rule requiring graphic warnings on cigarette packages and advertisements. Judge Indira Talwani in Boston said Wednesday the FDA hasn't worked fast enough to issue new requirements after previous graphic warnings were struck down in 2012 when challenged by tobacco companies. (9/5)
Stateline: Counting Kicks To Prevent Stillbirths
Campaigns based on the Iowa model have been launched in Nebraska, Illinois, Kansas and Missouri, the last two just this year and both with state financing. Emily Price, executive director of Count the Kicks, the nonprofit behind the campaign, said there are plans for launches by the end of the year in Alabama and Ohio. Many doctors have long urged pregnant women to pay attention to fetal kicks. But too many physicians still rely on what they glean from routine office visits, even though waiting for the next scheduled appointment may be too late, according to Jason Collins, a Louisiana obstetrician who has practiced for 30 years and has studied stillbirths. (Ollove, 9/6)
The New York Times: Diet And Exercise May Stem Weight Gain Of Pregnancy, But Should Begin Early
For years, maternal health experts have worried about a troubling statistic: More than half of all pregnant women in America are overweight or obese when they conceive, putting them and their children at a higher risk of developing diabetes and other health problems. So about a decade ago, the federal government launched a multimillion-dollar trial to see whether diet and exercise could help overweight women maintain a healthy weight during their pregnancies and potentially reduce their rate of complications. (O'Connor, 9/6)
The New York Times: Assisted Reproductive Technologies May Pose Heart Risks For Babies
Children born by assisted reproductive technologies may be at risk for high blood pressure in adolescence, Swiss researchers report. Previous studies in both animals and humans have suggested that conception by assisted technology is associated with premature aging of the vascular system. One result of this may be hypertension. (Bakalar, 9/5)
NPR: Germ-Eating Microbes Might Be Another Way To Fight Antibiotic Resistance
Here's a bold idea to fight back against bacteria that can't be stopped by antibiotics: Go after them with germ-eating microbes. That reasoning lies behind an intriguing line of research that might also be put to use in the event of a germ-warfare attack. It might seem strange to think of microbe-eating microbes, but "actually they're found in almost every ecosystem on Earth," says Brad Ringeisen, deputy director of the Biological Technologies Office at the Defense Advanced Research Projects Agency (DARPA). (Harris, 9/6)
Politico: Pulse Check At Work: Home Health Aides
Home health aide is one of the fastest-growing jobs in America – and the first job the Pulse Check podcast explores in a month-long series that will explain how different health care workers fit into the broader health policy picture. The show will visit with a home health aide, a health coach, and others as we explain how the big trends in the field feel on the front lines. (Diamond, 9/5)
The New York Times: Goop Agrees To Pay $145,000 For ‘Unsubstantiated’ Claims About Vaginal Eggs
Gwyneth Paltrow’s lifestyle brand, Goop, has agreed to pay $145,000 in civil penalties in a settlement in California after an investigation found its claims about some of the products it sells were not backed by scientific evidence, the Orange County district attorney’s office said. The settlement involved three products that Goop had promised would deliver medical benefits. Two items were “eggs” for vaginal wellness — one made of jade and another made of quartz — that the company said would balance hormones, increase bladder control and regulate menstrual cycles. Goop said the third item, Inner Judge Flower Essence Blend, “could help prevent depression,” according to the district attorney’s office. (Garcia, 9/5)
The Washington Post: Gwyneth Paltrow’s Goop Touted The ‘Benefits’ Of Putting A Jade Egg In Your Vagina. Now It Must Pay.
Specifically, the suit called out Goop's jade egg, its rose quartz egg and its “Inner Judge Flower Essence Blend” as products “whose advertised medical claims were not supported by competent and reliable science,” according to the Santa Clara County district attorney's office. For example, the flower essence blend had been marketed as a blend of essential oils that could ward off depression. And the jade eggs? They had developed a reputation — and a backlash — of their own. Last year, the Goop website published a Q&A with “beauty guru/healer/inspiration/friend Shiva Rose” touting the products under the headline “Jade Eggs for Your Yoni.” Rose described the use of the eggs as “an incredible, secret practice” by concubines in ancient Chinese temples. (Wang, 9/5)
Stat: Plane Quarantined At Kennedy Airport Amid Reports Of Ill Passengers
An Emirates Airline flight was held in quarantine for a period Wednesday at New York’s John F. Kennedy International Airport after a large number of passengers and crew members reported feeling ill during the flight. Estimates of how many people were sick varied throughout the day, with an initial count of 106 people, New York City’s Acting Health Commissioner Dr. Oxiris Barbot said during a late afternoon press conference. (Branswell, 9/5)
