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First Edition

Thursday, March 24, 2016
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Today's early morning highlights from the major news organizations.

Kaiser Health News: In Conservative Indiana, Medicaid Expansion Makes Poorest Pay
Kaiser Health News staff writer Phil Galewitz reports: "Reginald Rogers owes his dentist a debt of gratitude for his new dentures, but no money. Indiana’s Medicaid program has them covered, a godsend for the almost toothless former steelworker who hasn’t held a steady job for years and lives in his daughter’s basement. “I just need to get my smile back,” Rogers, 59, told his dentist at a clinic here recently. “I can’t get a job unless I can smile.” Rogers is among the more than 240,000 low-income people who gained health coverage in the past year when Indiana expanded Medicaid as part of the Affordable Care Act. Rogers pays $1 a month -- a fee that is a hallmark of the state’s controversial plan." (Galewitz, 3/24)

Kaiser Health News: Medicare Proposes Expansion Of Counseling Program For People At Risk Of Diabetes
Kaiser Health News' Mary Agnes Carey reports: "As the health law turned six Wednesday, federal officials proposed the expansion of a Medicare diabetes prevention program funded by the landmark measure. The pilot program, developed and administered by the YMCA, helped Medicare enrollees at high risk of developing the disease improve their diets, increase their exercise and lose about 5 percent of their body weight. Beneficiaries in the program, funded by an $11.8 million grant provided by the health law, attended weekly meetings with a lifestyle coach to develop long-term changes to their diet, discussed ways to get more physical activity and made behavior changes that would help control their weight and decrease their risk of Type 2 diabetes. Participants could also attend monthly follow-up meetings to help keep their new habits in place." (Carey, 3/23)

Kaiser Health News: Supreme Court Takes Up Birth Control Access — Again
Kaiser Health News staff writer Julie Rovner reports: "On the sixth anniversary of the enactment of the federal Affordable Care Act, the law was back before a seemingly divided Supreme Court Wednesday. At stake this time is the controversial requirement that most health insurance plans provide women with access to contraceptives at no additional out-of-pocket cost. Specifically at issue is whether a special accommodation the Obama administration has provided for religiously-affiliated employers (such as universities or hospitals) still violates a federal law protecting the free exercise of religion. (Rovner, 3/23)

The New York Times: Justices Seem Split In Case On Birth Control Mandate
The Supreme Court on Wednesday weighed moral theology and parsed insurance terminology in an unusual argument that seemed to leave the justices sharply divided over what the government may do to provide free insurance coverage for contraception to female workers. A 4-4 tie appeared to be a real possibility. The court’s four more liberal members appeared ready to endorse that alternative. “There has to be an accommodation,” Justice Ruth Bader Ginsburg said. “And that’s what the government tried to do.” But it did not appear likely that the liberal justices would be able to attract the crucial vote of Justice Anthony M. Kennedy, who repeatedly questioned whether the accommodation was making the groups “complicit in a moral wrong” by hijacking their insurance plans. (Liptak, 3/23)

Reuters: Supreme Court Faces 4-4 Split In Obamacare Contraception Case
Justice Anthony Kennedy, who often casts the deciding vote in close cases, appeared more aligned with the court's three other conservatives in favoring the challengers, which primarily were Roman Catholic including the archdiocese of Washington. The Christian employers call contraception immoral and argue that the government should not compel religious believers to choose between following their faith and following the law. They argue they should get the complete exemption from the mandate already given to places of worship such as churches, mosques and temples. (3/23)

The Wall Street Journal: Supreme Court Could Split In Contraceptive Case
Justice Anthony Kennedy appeared to hold the outcome in his hands. During the argument, he at times sounded sympathetic to religious organizations, at one point saying the government had sought to “hijack” the health plans arranged by the religious organizations to provide women contraceptives with a minimum of inconvenience. That was a disappointing development for the administration, which hopes he will join four liberal justices to uphold the contraceptive accommodation. In a 2014 case, Justice Kennedy had written approvingly of the administration’s approach, while reserving final judgment for a future case. (Bravin and Radnofsky, 3/23)

Politico: Divided Supreme Court Hears Obamacare Birth Control Challenge
A sharply divided Supreme Court on Wednesday considered whether Obamacare's birth control coverage requirement violated the rights of religious institutions, with Justice Anthony Kennedy — the likely swing vote — voicing concern about how big a loophole the court might create if it rules for the challengers. Kennedy suggested that large institutions like Catholic universities shouldn't be able to get out of the employee coverage requirement in the same way that other challengers, such as the Little Sisters of the Poor order of Catholic nuns, perhaps should. (Haberkorn and Gerstein, 3/23)

Los Angeles Times: In Religious Liberty Vs. Obamacare Contraceptives, Supreme Court Appears Deadlocked
The court's liberals, led by its female justices, said the Obama administration had found a fair way to shield the employers from providing or paying for the contraceptives. “As in all things, it can’t be all my way,” Justice Ruth Bader Ginsburg said. “There has to be an accommodation, and that’s what the government tried to do.” Justice Elena Kagan said she could not understand how the Catholic charities could refuse to even notify the government they would not provide contraceptive coverage to their employees. You “object to objecting,” she said.(Savage, 3/23)

The Washington Post: Court Appears Divided On Contraceptive Coverage, With Kennedy Raising Concern
The hearing provided a vivid illustration of the difficulty the court — without Justice Antonin Scalia, who died last month — might have putting together the necessary five-member majority to decide its most important cases. In this case, it would mean the national law that has transformed health-care coverage would be implemented differently depending on where the organization and its employees are located. (Barnes, 3/23)

The Associated Press: Justices Divided Over New Challenge To Health Care Law
Ninety minutes of crisp arguments and frequent interruptions by the justices indicated that the court seemed headed for a 4-4 tie that would leave the issue unresolved nationally. Or the court could hold a new round of arguments once a ninth justice is confirmed to take the place of Justice Antonin Scalia, who died last month. The case could factor into the fight over Obama's Supreme Court nomination of Judge Merrick Garland. And in its volatile mix of religious liberty and birth control, it also could play a role in the presidential campaign. If the justices are as firmly split between liberals and conservatives as they signaled Wednesday, the court could say so as early as next week, or wait until the end of June.(3/23)

USA Today: Supreme Court Deeply Divided Over Religious Freedom, Reproductive Rights
This was the fourth time before the court for Obama's prized Affordable Care Act, and it came on the sixth anniversary of the law going into effect. While it suffered a setback in a 2014 case over the so-called "contraceptive mandate" as applied to certain for-profit businesses, it has survived two major challenges to its broader insurance requirements and subsidies. (Wolf, 3/23)

The Wall Street Journal: On Health Law’s Anniversary, Burwell Extols Successes And Acknowledges Frustrations
Health and Human Services Secretary Sylvia Mathews Burwell marked the sixth anniversary of the Affordable Care Act and a U.S. Supreme Court case contesting the law’s contraception workaround by extolling the ACA’s successes, and acknowledging frustrations some Americans have had with health costs. Ms. Burwell, speaking at an event on diabetes prevention, said the law has led to a drop in the number of uninsured Americans and health insurers that can no longer deny people coverage because of pre-existing conditions. “This progress has changed people’s lives,” she said. But in a nod to critics, she said many Americans are unhappy with their health care experience because of high costs. (Armour, 3/23)

The Washington Post: Medicare Could Soon Pay For Services To Keep Diabetes From Developing
A pilot program aimed at preventing people from developing diabetes would save money if expanded and soon could be covered by Medicare, the Obama administration said Wednesday. It is the first time an experimental prevention initiative has met the financial test to become part of the huge federal health insurance program for older Americans. ... Sylvia M. Burwell, secretary of the Department of Health and Human Services, said prevention programs of this kind “help people live longer, fuller lives and save money across the [health care] system.” (Bernstein, 3/23)

USA Today: Feds Mull Medicare Changes After Big Success In YMCA's Diabetes Program
People at high risk of developing diabetes lost about 5% of their body weight in a YMCA program that federal regulators said Wednesday was successful enough to expand. The Centers for Medicare and Medicaid Services (CMS) gave YMCAs nearly $12 million in 2011 to launch the program, which includes nutrition and fitness counseling and lifestyle coaching for Medicare recipients. The funding was provided by the Affordable Care Act, which also marked its 6th anniversary Wednesday. (O'Donnell, 3/23)

NPR: HHS Says Diabetes Prevention Program Will Save Medicare Money
One of every three Medicare dollars is spent on patients with diabetes, according to HHS, and the prevention effort saved Medicare about $2,650 per participant over 15 months. That's more than the cost of the preventive program. ... Participants met with a lifestyle coach each week and learned about diabetes risks, healthy eating and the value of increased exercise. The YMCA says the 42,000 participants in 45 states lost an average of 5.5 percent of their body weight after one year. (Kodjak, 3/23)

The Associated Press: Report: HealthCare.gov Logged 316 Cybersecurity Incidents
The web portal used by millions of consumers to get health insurance under President Barack Obama's law has logged more than 300 cybersecurity incidents and remains vulnerable to hackers, nonpartisan congressional investigators said Wednesday. The Government Accountability Office said none of the 316 security incidents appeared to have led to the release of sensitive data on HealthCare.gov, such as names, birth dates, addresses, Social Security numbers, financial information, or other personal information. (3/23)

The Wall Street Journal: Potent Synthetic Drug Exacerbates Heroin Epidemic In New York City
Officials confronting New York City’s surge in heroin trafficking said the past year has brought a troubling trend—a large influx of fentanyl, a synthetic opioid 30 to 50 times more powerful than heroin. Fentanyl, which has long been prescribed for severe pain, has played a lethal role in the heroin epidemic sweeping the country. Scores of overdose deaths have been attributed to fentanyl, which is often combined with heroin to make the drug more potent, officials said. (O'Brien, 3/23)

Reuters: U.S. Bill Targets Babies Born Dependent On Opioids
A bill that aims to protect babies born to mothers who used heroin or other opioids during pregnancy was introduced on Wednesday in the House as part of the government’s response to a Reuters investigation. The bipartisan measure would require federal and state governments to do a better job of monitoring the health and safety of babies born drug-dependent. Last week – and also in response to the Reuters investigation – a similar bill moved to the Senate floor and the U.S. Health and Human Services Department pledged reforms. (3/23)

NPR: Tennessee Lawmakers Discontinue Controversial Fetal Assault Law
A small but pivotal group of Tennessee representatives voted Tuesday to discontinue one of the state's most divisive criminal laws. Known as "fetal assault," the measure empowered prosecutors to arrest women who abuse heroin or pain pills during pregnancy, if their babies were born dependent. (Farmer, 3/23)

The Wall Street Journal: AstraZeneca Says Its Blood Thinner No Better Than Aspirin In Stroke Trial
AstraZeneca PLC said its prescription blood thinner Brilinta was no more effective than aspirin at preventing major heart problems in stroke patients, denting the company’s growth ambitions for one of its key drugs. The U.K.-based drugmaker had hoped the large clinical trial would open up a new slice of the blood-thinner market for Brilinta, which is already approved for treating patients recovering from a heart attack. AstraZeneca said that while patients who took Brilinta in the 90 days after an initial stroke were slightly less likely to have a heart attack, a further stroke or to die, the trend wasn’t strong enough to show statistical significance. (Roland, 3/23)

The Wall Street Journal: Novartis Settles With SEC Over Accounting Failures
Novartis AG agreed to pay about $25 million in a settlement with the Securities and Exchange Commission over accounting and bookkeeping failures relating to illicit payments made in China. An SEC investigation found that employees of two China-based Novartis subsidiaries gave money, gifts and other things of value to health-care professionals, leading to several million dollars in sales of pharmaceutical products to Chinese state health institutions. Among the gifts, according to an administrative order filed by the SEC, was travel for the health-care professionals and their spouses to a conference in Chicago, along with walking-around money and coverage of strip-club charges on the side. (Rubenfeld, 3/23)

The Associated Press: Company That Makes Sleep Apnea Masks To Pay $34M In Lawsuit
A company that makes breathing masks for people with sleep apnea has agreed to pay $34.8 million to settle claims it paid kickbacks to suppliers that sold its products. Philips Respironics Inc. of Murrysville provided free customer support through its medSage call center to suppliers whose customers used Respironics masks. Suppliers that sold masks made by competitors had to pay for the call center services, which made the suppliers more likely to use Respironics masks, according to the U.S. Department of Justice, which announced the settlement Wednesday. (3/23)

NPR: Independent Investigators: State Officials Mostly To Blame For Flint Water Crisis
"The Flint water crisis is a story of government failure, intransigence, unpreparedness, delay, inaction, and environmental injustice." That's how an independent task force opened its final report on the lead-tainted water crisis in Flint. It concluded that primary responsibility for the crisis in Flint, Mich., lies with a state environmental agency called the Michigan Department of Environmental Quality — though it said others are also to blame. (Kennedy, 3/23)

The Associated Press: Alabama 'Personhood' Proposal Would Effectively Ban Abortion
A proposed Alabama constitutional amendment would legally define a fetus as a person from the moment of fertilization, effectively banning abortion in the state. The House Health Committee on Wednesday debated but did not vote on the amendment. The bill, sponsored by Rep. Ed Henry, R-Decatur, is similar to ballot measures voted down in Mississippi, Colorado and North Dakota in recent years. The Oklahoma Supreme Court in 2012 ruled a similar amendment unconstitutional. (3/23)

The Washington Post: 4-Legged Healers Soothe Hospital’s Stressed-Out Docs, Nurses
Patients who delay getting treatment and insurers who balk at paying for it are among job stresses that Chicago nurse Ben Gerling faces on a semi-regular basis. So there was no tail-dragging when his employer offered a few four-legged workplace remedies. Gerling and dozens of other nurses, doctors, students and staffers flocked to a spacious entrance hall at Rush University Medical Center after learning about special animal therapy sessions the hospital has organized. Three huggable pups named Rocco, Minnie and Dallis greeted almost 100 white-coat and scrubs-clad visitors at a recent session, happily accepting cuddles, ear rubs and treats. Big grins on the human faces suggested the feelings were mutual. (Tanner, 3/23)

Los Angeles Times: Intensive Exercise May Keep The Aging Mind Sharp
Older Americans who engage in strenuous exercise are more mentally nimble, have better memory function and process information more speedily than do their more sedentary peers, new research suggests. And as they continued to age, participants who were very physically active at the start of a five-year study lost less ground cognitively than did couch potatoes, according to the study. The latest research, published Wednesday in the journal Neurology, is the most recent study to underscore the importance of moderate to intensive exercise in healthy aging. In addition to keeping diabetes, heart disease and osteoporosis at bay or in check, a welter of studies suggests a good workout is powerful medicine for the aging brain, preventing and treating depression and shoring up cognitive function. (Healy, 3/23)

NPR: Probing The Complexities Of Transgender Mental Health
Experiencing the world as a different gender than the one assigned to you at birth can take a toll. Nearly all research into transgender individuals' mental health shows poorer outcomes. A new study looking specifically at transgender women, predominantly women of color, only further confirms that reality. What's less clear, however, is whether trans individuals experience more mental distress due to external factors, such as discrimination and lack of support, or internal factors, such as gender dysphoria, the tension resulting from having a gender identity that differs from the one assigned at birth. (Haelle, 3/23)

NPR: Parents Sleeping Badly? They May Think Their Children Are, Too
Funny how feelings about sleep change over the years. Many children fight bedtime and are still getting up once or more during the night well into childhood. Meantime, adults often feel they can never get enough sleep, and if they're anything like me, have vivid fantasies about napping. Now a study suggests that a parent's own sleep quality may bias how they perceive their child's sleep issues. (Hobson, 3/24)

Kaiser Health News is an editorially independent operating program of the Kaiser Family Foundation. (c) 2016 Kaiser Health News. All rights reserved.

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