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ROUNDUP: Court Ruling on Affirmative Action Will Have Broad Ranging Effects That Will Harm Health Equity Efforts

On June 29, 2023 the Supreme Court ruled, in a 6-3 decision, that race-conscious admissions, using race as one of many factors that allow for admission into highly selective schools, was unlawful. According to experts this decision will have broad implications not just in higher education admissions but across the country in different industries, including health care. Experts, news coverage, and reactions from key officials and leading organizations have made clear this decision will harm efforts to address the growing racial and ethnic disparities in health care – most notably initiatives to diversify the health workforce, which are proven to reduce bias and improve health outcomes for people of color.

Statements

President of the United States Joe Biden. “[F]or forty-five years, the United States Supreme Court has recognized a college’s freedom to decide… how to build diverse student bodies and to meet their responsibility of opening doors of opportunity for every single American. Today, the Court once again walked away from decades of precedent and make — as the dissent has made clear. The Court has effectively ended affirmative action in college admissions. And I… strongly disagree with the Court’s decision. I’ve always believed that the promise of America is big enough for everyone to succeed and that every generation of Americans [has] benefitted by opening the doors of opportunity… wider to include those who have been left behind. I believe our colleges are stronger when they are racially diverse. We cannot let this decision be the last word. Today, I’m directing the Department of Education to analyze what practices help build a more inclusive and diverse student bodies and what practices hold that back, practices like legacy admissions and other systems that expand privilege instead of opportunity. Colleges and universities should continue their commitment to support, retain, and graduate diverse students and classes.” [6/29/23]

Secretary of the Department of Health and Human Services Xavier Becerra. “The Supreme Court ruling today weakens efforts to make higher education more accessible to members of historically underrepresented groups. People of color have been excluded from attending medical school and joining medical organizations for generations. While progress has been made, there is still a significant deficit in the number of Black and Latino doctors and medical students. We need more health workers, especially those who look like and share the experiences of the people they serve. This builds trust between provider and patient, and helps to improve the overall quality of care. This ruling will make it even more difficult for the nation’s colleges and universities to help create future health experts and workers that reflect the diversity of our great nation. The health and wellbeing of Americans will suffer as a result.” [6/29/23]

President of the American Medical Association Jesse M. Ehrenfeld, M.D., M.P.H. “Today’s decision by the U.S. Supreme Court undermines decades of progress centered on the educational value of diversity, and will reverse gains made in the battle against health inequities. This ruling restricts medical schools from considering race and ethnicity among the multiple factors in admissions policies and will translate into a less diverse physician workforce. Diversity is vital to health care, and this court ruling deals a serious blow to our goal of increasing medical career opportunities for historically marginalized and minoritized people. While our country grows more diverse, historically marginalized communities have been left behind on nearly every health indicator. A physician workforce that reflects the diversity of the nation is key to eliminating racial inequities. There is convincing evidence that racially diverse care teams produce measurably positive health outcomes for patients in historically marginalized populations. The goal is not racially segregated care, but rather a health care workforce in which racial and ethnic representation is a more common aspect of care teams. Eliminating health inequity requires more commitment to, investment in and support for Black, Latinx and Native American and Indigenous communities, and LGBTQ+ people. Yet, today’s ruling undermines policy that was producing positive results and improving the health of our patients, as well as making all physicians better practitioners. This ruling is bad for health care, bad for medicine, and undermines the health of our nation.” [6/29/23]

CEO and Chief Legal Officer of the Association of American Medical Colleges David Skorten M.D. and Frank Trinity JD. “We are deeply disappointed with the U.S. Supreme Court’s decision to dismantle its longstanding precedent in the 2003 case, Grutter v. Bollinger, which had recognized student body diversity as a compelling interest permitting the limited consideration of race in admissions. Today’s decision demonstrates a lack of understanding of the critical benefits of racial and ethnic diversity in educational settings and a failure to recognize the urgent need to address health inequities in our country. The AAMC, informed by decades of research, recognizes the undeniable benefits of diversity for improving the health of people everywhere. We remain committed to enhancing health professional education and practice by emphasizing critical thinking, innovation, effective communication with all patients, and increased access to patient care for an increasingly diverse population.” [6/29/23]

National Hispanic Medical Foundation. “The National Hispanic Medical Association (NHMA) condemns the Supreme Court of the United States decision based on the cases against Harvard College and the University of North Carolina striking down race-based admissions in all colleges and universities across the country. This ruling against affirmative action in higher education rolls back decades of precedent to the 1950’s era of Brown v. Board of Education. Our nation’s future depends on racial equity and diversity in higher education to achieve upward mobility for our families and greater prosperity among our multicultural communities that leads to a thriving economy. We must continue to work together to achieve this goal. We call on government and philanthropy to commit long-term financial investments to community based organizations to develop innovative strategies that will continue to prepare students for the application process that will support diversity in higher education.” [6/29/23]

President of the National Medical Association Garfield Clunie, MD. “The Court has yielded a devastating opinion ruling race-conscious admissions processes unconstitutional. This is a major blow to this nation, including to the health of all Americans, especially those in underserved communities. Diversity in medicine is crucial to the health of this nation. This country should be doing all in its power to be more inclusive in the halls of higher education, not less. Affirmative action policies were designed to address racial bias and inequity, major barriers to ensuring diversity in medicine. These obstacles negatively impact not only the medical profession, but most importantly, the patients that we serve. This ruling is a colossal step backwards that will reverberate for decades to come.” [7/3/23]

President and CEO of the American Association of Colleges of Nursing Deborah Trautman Ph.D. “The American Association of Colleges of Nursing (AACN) joins with the larger higher education community in denouncing this decision, which threatens the creation of more diverse and inclusive learning environments,” said Dr. Deborah Trautman, AACN President and Chief Executive Officer. “AACN reaffirms our commitment to serving as a champion for diversity, equity, and inclusion, while recognizing the importance of a diverse nursing workforce to reducing health disparities, addressing social determinants of health, and improving patient outcomes. We stand with our schools of nursing and will work diligently to identify strategies, to ensure our student populations reflect the broad diversity of our society.” [6/29/23]

General Counsel and Chief Legal Officer of the American College of Obstetricians and Gynecologists Molly Meegan. “Today’s Supreme Court decision is a direct blow to people of color across the United States, who are already at risk of poor health outcomes. We know that racial diversity in health care literally saves lives: research and experience have shown time and time again that disparities in health outcomes decrease when patients are treated by health care professionals who have learned and worked alongside colleagues of different racial and ethnic backgrounds. The best way to ensure diversity in the medical workforce is through holistic considerations of medical school candidates that take into account race, ethnicity, and the lived experiences that each candidate could bring to their career as a physician because of their background. Comprehensive consideration of each medical student candidate as an individual can only benefit the communities for which they will ultimately provide care. More diversity in health care means better-educated physicians; higher quality of care; and healthier people, families, and communities everywhere. Less diversity in health care can mean physicians who may be less equipped to connect with and treat the diverse patient populations they serve and patients with worse health outcomes, both of which cause entire communities to suffer.” [6/29/23]

President of the American College of Physicians Omar T. Atiq, MD, FACP. “The American College of Physicians (ACP) was disappointed to see the Supreme Court decision issued today that rules against the use of affirmative action as a part of a college or university’s comprehensive admissions process. ACP believes that a diverse, equitable, and inclusive physician workforce is crucial to promoting equity and understanding. Diversity in the health care workforce not only benefits underserved patients but improves care for all patients. Evidence has shown diverse populations in educational and medical training settings improves learning outcomes by increasing active thinking and intellectual engagement skills and increases understanding of and empathy for diverse cultures. A diverse physician workforce should include individuals of all races, including Indigenous, Black, Latinx, Asian American, Native Hawaiian, Pacific Islander, and other persons affected by discrimination to better reflect the population for whom we care. Considering race as one of the many determining factors used when considering an individual’s admission to an education program can be an important way to combat the harm that systemic racism and discrimination has in the United States. Affirmative action is one means of helping to promote that diversity. Medical schools and other institutions of higher education should consider a person’s race and ethnicity, alongside other factors that are often considered like socioeconomic status and geographic location, as part of evaluating applicants to counter both past and current discrimination. ACP will continue to advocate for policies that can help to increase diversity and promote equity.” [6/29/23]

Executive Director of the American Public Health Association Georges C. Benjamin, MD. “Without affirmative action, we risk turning the clock back on years of progress that have led to improved outcomes and a more diverse public health and health care workforce. Affirmative action policies and programs have directly resulted in the diversification of the public health and health care workforce, with more practitioners of color working directly in communities that suffer some of the worst health disparities and outcomes. With a more diverse public health and health care workforce, we can address and redress years of systemic racism that has sustained poorer health outcomes for our communities of color. Countless studies confirm that diversity in the health care and public health workforce is critical to addressing health disparities, improving cultural competency, building trust and promoting equity. Public health professionals and physicians that bring different perspectives and experiences to their work and patients can better address socio-cultural factors that influence health and access to care. To not consider an applicant’s full background, especially as underrepresentation of certain minority groups in health professions remains an enduring problem, will ultimately lead to lower minority enrollment and worse overall national health.” [6/29/23]

A Coalition of 12 Civil Rights Groups Including the National Urban League and the NAACP. “The extreme decisions of the Supreme Court to overturn affirmative action in the college admissions process was incredibly disappointing. The conservative-majority court erased decades of momentous progress. The effects of this decision will further perpetuate the deep and structural racism that exists in this country. To claim that affirmative action violates the equal protection clause of the 14th amendment goes to show that there are members of the Supreme Court who are unfamiliar with the amendment’s history and intention. Our nation is stronger because of the unique experiences and talents of all people. Yesterday’s decision serves as a distressing reminder of the uphill battle we continue to face in dismantling systemic racism and the potential implications this decision can have on diversity, equity, and inclusion efforts in the workplace. Despite this Supreme Court ruling, we remain resolute in our commitment to constructing equitable pathways to higher education and the opportunity that comes with it.” [6/29/23]

Joint Statement of the National Council of Asian Pacific Americans. “This decision has implications not only for undergraduate admissions but also for graduate-level admissions, including medical and nursing school. Our communities’ health does best when medical professionals are more likely to understand our experiences. Native Hawaiians and Pacific Islanders continue to be grossly underrepresented in the medical profession, and health equity is further compromised by this decision – particularly in the shadow of the impact of COVID-19 on NHPI communities, which had one of the highest per capita death rates in our nation. The Supreme Court has chosen to ignore the reality of persistent racial discrimination and inequality in our country, and has undermined the efforts of educators and advocates to create more equitable and diverse learning environments. Inclusive education and representation for our communities isn’t just about what’s on the curriculum—it matters who is in the classroom to begin with. For decades, affirmative action has been an essential tool to ensuring that students from all communities have access to higher education. This ruling is a step backwards.” [6/29/23]

Robert Wood Johnson Foundation in a Philanthropic Joint Statement. “The Supreme Court’s decision impedes colleges and universities from selecting their own student bodies and fully addressing systemic racial inequalities that persist. The ruling threatens to return this nation to a time when education and opportunity were reserved for a privileged class. It endangers sixty years of multiracial movements to challenge our nation to live up to the ideals enshrined in our founding documents. In the realm of health, research shows that racially and ethnically representative medical schools produce better-trained physicians and care teams that reflect the communities they serve. Universities and colleges and those organizations supporting them deserve the resources and support to continue their critical mission. Our nation’s future prosperity, vitality, and unity depend upon America becoming a true multiracial democracy—an aspiration that requires racial equity and diversity in higher education. Despite today’s ruling, our foundations will not waver in our commitment to those making the nation’s high ideals a reality for all communities and all people.” [6/29/23]

Headlines

NBC News: The Affirmative Action SCOTUS Ruling Will Have a Negative Impact on Health Equity Efforts. “The Supreme Court’s affirmative action ruling will have far-reaching consequences for Black and Latino students hoping to attend medical school and, in turn, only worsen the health disparities among people of color across the country, experts said. After the high court’s ruling Thursday struck down affirmative action programs at the University of North Carolina and Harvard, many fear that medical and nursing schools and other professional institutions will no longer be able to foster diversity by considering race in their admissions processes. The decision will result in fewer Black physicians and more racial bias in the medical field, said Dr. Uché Blackstock, a physician who is the founder of Advancing Health Equity. Justice Sonia Sotomayor highlighted the ruling’s potential impact on health care… Data and decades of research support Sotomayor’s opinion. Black and Latino people are both more likely to have chronic and life-threatening health conditions and to lack health insurance as a result of systemic racism, according to the Kaiser Family Foundation. However, research has shown that those health outcomes for Black and Latino patients are better when they are treated by doctors who share their race or ethnicity.” [NBC News, 6/29/23]

Bloomberg (Opinion): Supreme Court Ruling on Affirmative Action Will Hurt Health Care. “The Supreme Court’s decision to end affirmative action at universities lands at a time when the US health-care system is already struggling to close egregious racial gaps in health outcomes. Diversifying the health-care workforce has been a critical part of that effort—and something that this ruling could make much harder. Patients, especially Black, Hispanic and Native American patients, now could be worse off. The health-care community has long acknowledged that diversifying the medical workforce is essential for addressing health-care inequities. Study after study shows that when a patient and physician have a shared characteristic, health outcomes improve. Black patients who receive care by Black doctors, for example, receive more time and attention, are more likely to adhere to treatment regimens like taking heart medicine, and are better able to manage complex diseases. Black newborns cared for by Black physicians have better survival rates. Black doctors are also more likely to believe their Black patients’ descriptions of pain and treat them accordingly. Doctors and educators also say that attending medical school with diverse student bodies made them better health-care providers. An analysis of public medical schools in states with affirmative action bans found a 4.8% drop in underrepresented students in the five years after those bans were implemented. Meanwhile, schools without bans had a modest increase in underrepresented students during that time. In ending affirmative action, the Court’s conservative majority just raised a new barrier to addressing inequities in health care. That will take a bad situation and make it even worse.” [Bloomberg (Opinion), 7/3/23]

Stat: Affirmative Action in Medical Schools Has Saved Lives, SCOTUS Ruling Ends That. “Despite decades of research and advocacy, along with millions of dollars committed to eliminate health disparities, generations of Black and brown patients continue to be mistreated and die from the effects of racism in the U.S. This has continued even amid the recent racial reckoning that sounded the alarm for racism as a public health issue. Time after time, studies have shown that class is not protective. Social status is not protective. And in the experience of our fellow physicians, even being a doctor cannot save you from racism in medicine. One solution to address these disparities has been to diversify the medical workforce — a solution that was severely handicapped Thursday when the Supreme Court ruled against affirmative action and race conscious admissions. The latest data on medical school diversity is dismal: 5.7% of all doctors in the U.S. are Black, while 7% are Hispanic, far lower than figures of 13.6% and 18.9% of the general population, respectively. Yet having Black and brown physicians is integral to questioning the status quo in medicine. Put simply, these doctors literally save lives. In fact, a recent study showed that for every 10% increase in the number of Black primary care physicians in a county, there was a 31-day higher life expectancy for Black individuals living there. The Supreme Court has now established a policy that will keep more individuals of color out of the pathway to medicine. By abolishing race-conscious admissions, we are simply quitting while we are behind.” [Stat, 6/30/23]

ROUNDUP: Pharma Company Merck Files Lawsuit to Protect Sky High Profits

Washington, D.C. – Drug company giant Merck sued the federal government yesterday to try and stop Medicare from negotiating lower prescription drug prices, a key part of the recently approved Inflation Reduction Act. Merck manufactures Januvia, an expensive type 2 diabetes drug that is likely to be eligible for negotiation, and has been on the market without competition for nearly 20 years. The authority to negotiate lower prices against Big Pharma, making prescription drugs more affordable for millions of seniors, is a historic win for American patients who pay up to four times more for the same drugs as patients in other wealthy countries. President Biden and Democrats in Congress delivered on their promise to lower costs for American families by passing the Inflation Reduction Act, and now seniors are depending on those savings while Big Pharma is desperately trying to protect their profits.

Members of Congress

Senator Patty Murray (D-WA): Big Pharma Continues Protecting Profits At The Expense of Patients’ Health. “This lawsuit could prevent millions of Americans on Medicare from benefiting from lower prescription drug prices. People are sick and tired of big pharma protecting their profits at the expense of patients’ health.” [Twitter, 6/6/23]

Senator Ron Wyden (D-OR): “No Surprise” Big Pharma Wants To Stop Medicare From Negotiating Lower Drug Prices. “It’s no surprise that Big Pharma wants to stop Medicare from negotiating lower drug prices on behalf of American seniors. I expect the Biden administration to vigorously defend Medicare’s bargaining power so seniors will see the lower drug prices they expect.” [Washington Post, 6/6/23]

Senator Bernie Sanders (I-VT): Merck Wants To Keep U.S. Drug Prices High. “Merck wants to end Medicare’s ability to negotiate some drug prices. Here’s why. Its diabetes drug, Januvia, costs $6,600 a year in the US, but just $192 in France. Its cancer drug, Keytruda, costs $187,000 in the US, but just $87,000 in Germany.” [Twitter, 6/6/23]

Senator Sherrod Brown (D-OH): Big Pharma Will Stop At Nothing To Raise Prices. “For years we fought Big Pharma to allow Medicare to negotiate lower drug prices. Last year, we won. But of course these corporations never give up. Big Pharma will stop at nothing to raise prices on Ohio seniors.” [Twitter, 6/6/23]

Rep. Frank Pallone Jr. (D-NJ): Merck’s “Outrageous” Lawsuit Seeks To Block Medicare Price Negotiation & Rip-Off The American People.“This lawsuit is outrageous. Empowering Medicare to negotiate fair prescription drug prices for seniors is not only plainly constitutional, but it’s also necessary if life-saving drugs are to continue to be available to all Americans. People just can’t afford their medications and increasingly go without them. The only rights that are being violated here are those of the American people who have been getting ripped off by Big Pharma companies like Merck for years. Thankfully, Big Pharma’s ability to extort seniors on drug prices is coming to an end. I’m incredibly proud of our work to stand up for consumers by passing drug price negotiation and I’m confident the law will withstand this ridiculous lawsuit by Merck.” [Energy and Commerce Committee Ranking Member Frank Pallone, Jr. Press Release, 6/6/23]

Rep. Adam Schiff (D-CA): Merck’s Lawsuit Is “Profit Over Patients.” “Corporate greed threatens seniors’ access to affordable medications. Merck’s lawsuit against Medicare drug price negotiation is an egregious prioritization of profit over patients. We must safeguard the needs of our people, not Big Pharma’s bottom line.” [Twitter, 6/6/23]

Rep. Pramila Jayapal (D-WA): Merck Wants To Force Patients To Pay More. “Merck claims that the fair price negotiation provisions Democrats passed last year will prevent development of new drugs, so they’re suing to block them & force patients to pay more. Yet big pharma spent $577B on stock buybacks & dividends from 2016-2020. Make it make sense.” [Twitter, 6/6/23]

Analysts

Washington Post: Several Legal Experts Are “Skeptical” Of Merck’s “Pretty Weak” Lawsuit. “Some legal analysts say to expect more lawsuits from drugmakers who allege the policy will thwart the development of innovative new therapies. And several said they’re skeptical [of] the lawsuit, which Merck vowed to take all the way to the Supreme Court if needed, will survive. But the move has strategic merit for the company, even though the case is ‘pretty weak,’ said Ameet Sarpatwari, an assistant professor of medicine at Harvard Medical School.” [The Washington Post, 6/7/23]

Bloomberg (Opinion): “Merck’s Lawsuit Against Drug Price Controls Is Doomed.” “The pharmaceutical company says provisions in the Inflation Reduction Act violate the Constitution, but no judge is likely to agree. Merck’s lawsuit seeking to prevent enforcement of the drug pricing provisions adopted last year as part of the Inflation Reduction Act makes lots of good arguments against the legislation. But despite oodles of colorful language, the complaint doesn’t seem likely to win the company the injunction it’s hoping for.” [Bloomberg (Opinion), 6/7/23]

Truthout: Merck’s Lawsuit Comes Even As The Government Has “Already” Been Allowed To Negotiate Drug Prices “For Decades.” “Crucially, this is one of the only recent steps taken by lawmakers to lower prescription drugs at the federal level. Prescription drugs cost more in the U.S. than anywhere else in the world, due in large part to the pharmaceutical industry’s strong grip over lawmakers. This is a major factor in U.S. residents having worse health outcomes than residents of any other wealthy country. The government is already allowed to negotiate drug prices. For decades, the Department of Veterans Affairs has negotiated drug prices with manufacturers, allowing the agency to pay roughly half the amount for certain top drugs than Medicare does. Merck has garnered sharp criticism for the lawsuit, which critics said is motivated by a desire to profit off the health and survival of Americans. Indeed, records show that Merck’s revenue grew a whopping 22 percent in 2022.” [Truthout, 6/6/23

The Pharma Letter: Merck’s Lawsuit Has “Mixed Prospects.” “The judicial response to industry lawsuits on drug pricing regulations have been mixed in the past. Previously, the Pharmaceutical Research and Manufacturers of America (PhRMA) brought a similar claim on First Amendment grounds against California, alleging that requirements for public notification and explanation of drug price increases violated free expression. However, the US District Judge sided with the state and dismissed the lawsuit. Should the judge in this case take a similar approach – which is not guaranteed, given that District Court judgements are not binding precedent – the First Amendment claim is likely to fail.” [The Pharma Letter, 6/7/23]

Physicians and Health Care Experts

​​Zachary Baron and Andrew Twinamatsiko, associate directors of the O’Neill Institute for National and Global Health Law at the Georgetown University Law Center:  “That lawsuits are ultimately brought says nothing about any actual legal infirmity with the IRA or the Medicare Drug Negotiation program. In fact, as discussed briefly below, a number of the potential claims that the pharmaceutical industry and their allies may pursue largely track other unsuccessful industry challenges and would likely face substantial legal headwinds. If successful, such lawsuits would have broader implications beyond just Medicare or prescription drugs. Rather, the success of these challenges could result in new legal doctrines that would severely restrict federal regulatory authority in the health care arena.” [Health Affairs Forefront, 6/7/23]

Nicholas Bagley, Professor at the University of Michigan School of Law: “Merck doesn’t have a constitutional right to sell its drugs to the government at the price that it sets. That’d be nuts. […] both of these claims look very, very weak. […] That’s not an unconstitutional condition. That’s just bargaining.” [Twitter (Thread), 6/6/23]

Ameet Sarpatwari, Assistant Professor of Medicine at Harvard Medical School:  “What Merck argues is ‘coercion’ is actually the establishment of a freer, more rational marketplace [that will address a crucial root cause of high drug prices].” [New York Times, 6/6/23]

Erik Gordon, Clinical Professor at the University of Michigan’s Ross School of Business: “[There are] better odds that Elizabeth Holmes wins Medtech Innovator of the Year than that Merck wins its lawsuit.” [STAT, 6/6/23]

Jonathan Reiner, Professor Of Medicine & Surgery at the George Washington University School of Medicine & Health Services: “Merck made $14.5 billion in profits last year.” [Twitter, 6/7/23]

Health Care Organizations and Advocates

Bill Sweeney, Senior Vice President at AARP: “Seniors and taxpayers are tired of being the piggy bank for the profits of big drug companies. Lawsuits like this are simply an attempt to keep high profits by gouging America’s seniors.” [CNBC, 6/6/23]

Tricia Neuman, Senior Vice President at the Kaiser Family Foundation: “It’s no surprise that drug companies have been gearing up to challenge #Medicare price negotiations in the courts, but a little surprising to see a lawsuit before CMS announces the names of the 10 drugs included on the list.” [Twitter, 6/6/23]

Robert Weissman, President of Public Citizen: “Merck is claiming the U.S. Constitution requires the U.S. government and people to be suckers. That’s not true. This lawsuit is a desperate attempt by the industry to beat back popular legislation that would curtail Big Pharma’s ability to price gouge Medicare and secure monopoly profits. Full stop. While Big Pharma’s litigation gambit plays out, it is critical that the federal government continue its preparation for price negotiations. Delay in the commencement of long-overdue negotiations will result in billions of dollars in excess costs for taxpayers and consumers” [Public Citizen Press Release, 6/6/23]

David Mitchell, Founder of Patients For Affordable Drugs Now: “Merck’s bogus lawsuit bemoans Medicare’s negotiation authority as ‘tantamount to extortion’ – but the truth is, Big Pharma companies like Merck are the ones who have been extorting patients for years, forcing them to pay unjustified prices or sacrifice their health. […] We believe that courts will see Merck’s lawsuit for what it is: a meritless attempt to maintain its ability to unilaterally set prices that are untethered to quality at the expense of patients. The truth is, implementation of Medicare negotiation is a desperately needed, long-awaited rebalancing of our drug price system that will help millions of patients obtain the medications they need at prices they can afford while ensuring continued innovation.” [Patients For Affordable Drugs Now Press Release, 6/6/23]

Margarida Jorge, Head of Lower Drug Prices Now: “This is nothing but a political stunt motivated by the same shameless greed that we’re used to seeing from drug corporations that have made decades of inflated profits at the expense of patients’ health and taxpayers’ hard-earned money. […] It’s time for big drug corporations like Merck to give up their monopoly control over prices and negotiate fair prices for the medicines we need.” [Lower Drug Prices Now Press Release, 6/6/23]

Max Richtman, President & CEO of the National Committee to Preserve Social Security and Medicare: “Merck’s decision to sue the federal government today demonstrates that there is no bottom to Big Pharma’s greed and the corporate culture of putting profits before people. With its lawsuit, Merck has made it clear that one of the nation’s most profitable drugmakers wants seniors to continue paying sky-high prices for their vital medications. (Merck made $14.5 billion in profits last year.) […] Merck’s constitutional arguments are spurious at best; the Veterans Administration has been successfully negotiating prices with Big Pharma for years. Drugmakers can still remain profitable while abiding by the Inflation Reduction Act, which was a long-awaited and landmark piece of legislation to protect seniors from industry price gouging.” [National Committee to Preserve Social Security and Medicare Press Release, 6/6/23]

Richard Fiesta, Executive Director of the Alliance for Retired Americans: “Merck’s ridiculous lawsuit is the equivalent of a toddler throwing a temper tantrum. Americans pay the highest prices in the world for prescription drugs and too many seniors must choose between putting food on the table and paying for their medicine. That is because corporations like Merck have been allowed to charge taxpayers whatever they want for their drugs.” [The Alliance for Retired Americans Press Release, 6/6/23]

ROUNDUP: Leading Patient Groups and Experts Denounce GOP Bill to Rip Health Care Away From 21 Million Americans

This week, House Republicans passed their extreme “Default on America Act,” which is among the GOP’s most extreme health care bills to date. The bill not only rips away coverage for as many as 21 million people who rely on Medicaid, but it also cuts vital health initiatives by 22 percent. From funding for veterans’ health care to nursing home safety to mental health, these cuts will take desperately-needed health care away from families across the nation. Read more about the Republican bill here

REACTIONS

National Health Council, Comprising More Than 150 National Health-Related Organizations And Businesses — Including Alzheimer’s Association, NAMI, Susan G. Komen, And More: “Our organizations urge Congress to reject adding a ‘work requirement’ policy to the Medicaid program, recognizing this policy is a thinly veiled effort aimed at cutting and further restricting access to quality and affordable healthcare for millions of Americans. Our organizations represent more than one hundred million Americans living with serious, acute and chronic health conditions, including tens of millions who rely on Medicaid as their primary source of healthcare coverage. Many of our organizations have previously urged opposition to these policies, emphasizing that they do nothing more than result in significantly worsened health outcomes. If enacted, work requirements would also increase uncompensated care, further jeopardizing the financial stability of hospitals on which our patients rely and are the largest employers in many communities.” [National Health Council, 4/17/23]

American Lung Association, CEO Harold Wimmer: “The House passage of the budget bill yesterday is disappointing. If passed into law, this bill would set the country on a path toward a future where fewer Americans are able to access lifesaving medical care, clean air for all becomes harder to achieve and public health agencies are left under-resourced and unprepared for emerging threats. The American Lung Association is deeply disappointed in this bill’s passage.” [American Lung Association, 4/27/23]

American Cancer Society, President Lisa Lacasse: “We’re disappointed by the House passage of a proposal that includes harmful public health policies that would roll back our nation’s progress in the fight against cancer in an aim to address the debt limit. Data show work requirements won’t achieve any intended stated outcomes –  including increasing employment. Restricting access to care by enacting far-reaching work requirements in Medicaid and cutting critical funding for cancer research does nothing more than leave individuals and families diagnosed with and at risk of cancer even more vulnerable to the disease and its costs.” [American Cancer Society, 4/26/23]

American Academy of Pediatrics: “The bill proposed in the U.S. House of Representatives to address the debt limit includes numerous polices that are harmful to the health of children and families. At a time when families need to be supported, this proposal does the opposite – jeopardizing key programs and policies that young people and their families rely on. Pediatricians know first-hand the importance of programs like Medicaid and the Supplemental Nutrition Assistance Program (SNAP) to the health of children and families across the country. It is critical that they can access these vital health care coverage and nutrition programs without added, unnecessary administrative barriers or paperwork. Policies like work requirements make it harder for families to access the health care services and nutrition assistance they need to be healthy.” [American Academy of Pediatrics, 4/26/23]

Families USA, Letter Signed On By Nearly 230 National And State Groups: “Our health should not depend on our wealth in this country. Efforts to undermine Medicaid would harm millions of families whose health hangs in the balance when they cannot get the care they need otherwise. Medicaid is a lifeline to 91 million Americans, providing insurance coverage for millions of children, veterans, and people who own and work at small businesses… These ideas are not new: they were resoundingly rejected by people across the country when they were proposed as part of efforts to repeal the ACA in 2017. Unsurprisingly, the American public continues to strongly oppose them – new polling shows that 71 percent of Americans say it is important to prevent Medicaid cuts. Our collective message is as clear today as it was then: cuts to the Medicaid program are unacceptable.” [Families USA, 4/19/23]

The Leadership Council On Civil And Human Rights Letter Signed On By Fellow Civil Rights Organizations (NAACP, National Action Network National Coalition on Black Civic Participation, National Council of Negro Women, National Urban League, and UnidosUS): “No poor household in this country should have their basic food and health assistance conditioned upon their ability to work or prove they are exempt from work requirements. Past experience shows that a significant number of people would likely lose benefits because their state agency failed to screen them for an exemption they should have qualified for or because they were unable to navigate the verification system to prove they are working.” [The Leadership Council On Civil And Human Rights, 4/25/23]

Cystic Fibrosis Foundation: “We strongly urge Congress to protect Medicaid, a vital source of coverage for half of children and one-third of adults with CF. We oppose any barriers that might prevent people with CF from accessing the specialized, high-quality care they need. The evidence is clear that Medicaid work requirements are not about work, rather they’re about paperwork. Making work a condition of Medicaid eligibility could threaten access to care for people with CF, as their ability to work can vary over time with changes in health status. Declines in health status due to pulmonary exacerbations, infections, and other events are common and can take someone out of the workforce for significant periods of time. The added administrative burden of navigating these proposed requirements can also lead to confusion for beneficiaries, even those who are exempt from the work requirements, and cause them to lose health care coverage.” [Cystic Fibrosis Foundation, 4/26/23]

MomsRising: “While Republicans in the House congratulate themselves for passing the Limit, Save, Grow Act, moms and families across America shudder to think about the hardship and trauma this legislation would cause, should it ever become law. America’s moms are counting on Congress to act responsibly by passing a clean debt ceiling increase that does not cut SNAP, Medicaid, WIC, early childhood education, and other programs families rely on, does not create insurmountable barriers that prevent children and families from accessing the supports they need, and does not prevent our government from addressing the student debt crisis.” [MomsRising, 4/26/23]

ROUNDUP: Braidwood v. Becerra Ruling Ends Free Preventive Health Care For More Than 150 Million Americans

Latest Republican Attack on the ACA Targets Lifesaving Preventive Care That 150 Million Americans Rely On

Yesterday, U.S. District Judge Reed O’Connor struck down a major provision of the Affordable Care Act (ACA) that requires no cost coverage of lifesaving preventive health care services. Braidwood Management v. Becerra is the latest effort by ACA opponents and Republicans to use the courts to dismantle American health care. News coverage and reactions from lawmakers make clear that ending guaranteed free preventive care will disrupt health care for millions of patients, blocking access to lifesaving care. 

Elected Officials

Majority Leader Senator Chuck Schumer: “Yet again, a Republican activist judge has issued a ruling based on MAGA ideology and not the law, that would decimate our healthcare system and is opposed by a vast majority of Americans… Whether it is attacking laws like this, taking away a woman’s right to choose or trying to gut Medicaid, Republicans must stop their non-stop onslaught on Americans’ health care.” [Senator Chuck Shumer, 3/30/23]

Former Speaker of the House Nancy Pelosi: “Today, a GOP-appointed federal judge ruled to eliminate free, life-saving preventative health care – like cancer screenings and immunizations – guaranteed by the ACA. Every day, MAGA Republicans prove that they will stop at nothing to rip away health care from America’s families.” [@SpeakerPelosi, 3/30/23]

Majority Whip Senator Dick Durbin: “A district judge in Texas just issued an extreme ruling blocking free insurance coverage for preventive health care. Under threat? Cancer screenings, mental health checks, colonoscopies, mammograms… the list goes on. It’s Republicans’ latest ploy to strip away health care.” [@SenatorDurbin, 3/30/23]

Vice Chair of Conference Senator Elizabeth Warren: “This decision will prevent millions from receiving free preventive health services—from cancer screenings to medication preventing HIV. The ruling, issued by a single, Republican-appointed judge, threatens access to life-saving services & will cost lives.” [@SenWarren, 3/31/23]

President Pro Tempore Senator Patty Murray: “This is a downright dangerous decision. More than a decade after we passed the ACA, Republican interests are still working around-the-clock to roll back critical protections for patients.” [The Washington Post, 3/30/23]

Chairman of the Committee on Finance Senator Ron Wyden: “The only thing this ruling [Braidwood v. Becerra] will achieve is making Americans sicker. Shameful.” [@RonWyden, 3/30/23]

Ranking Member of Energy and Commerce Committee Representative Frank Pallone: “This decision striking down the ACA’s preventive services coverage requirement imperils access to lifesaving care including mammograms, lung cancer and skin cancer screenings, screenings for pregnant women and newborns, and PrEP.” [@FrankPallone, 3/30/23]

Ranking Member of Ways and Means Committee Representative Richard Neal: “Over the last 13 years, Americans have come to rely on the ACA’s life- and cost-saving care while Republicans attempt to make people sicker and poorer every chance they get. Yet again, a judicial activist, despite a failed track record, is redefining health care law and taking our country backward. While courts across the country have reaffirmed the ACA time and time again, this decision is based not on legal merit but rather steeped in partisan warfare on Americans’ access to care.” [Rep. Richard Neal, 3/30/23]

Ranking Member on Health Subcommittee Representative Anna Eshoo: “This ruling is another example of the Republican 13-year war against the Affordable Care Act that puts politics ahead of the lives of children, pregnant women, and adults. Fortunately for many of my constituents, California law requires individual insurance to cover preventive care. Insurers have the money to continue to cover these lifesaving services at no cost. I call on insurance companies to continue to do so, despite what one judge in Texas says.” [Rep. Anna Eshoo, 3/30/23]

Headlines

Axios: Obamacare Ruling Gives Democrats New Political Ammo. “It’s unclear how insurers would respond should the decision be upheld by higher courts, but even the threat of new patient costs for some cancer screenings, statins for heart disease or HIV prevention drugs presents an opportunity to rail on Republican extremism… All of this takes place against a backdrop of sustained messaging from Democrats and the White House about Republican attempts to cut Medicare, Medicaid and Social Security, even though the GOP hasn’t formally proposed any such cuts this Congress.The ruling puts Democrats in a familiar and comfortable position and will likely force Republicans to once again answer for a politically unpopular court decision.” [Axios, 3/31/23]

The Washington Post: Texas Judge Invalidates ACA Promise Of Free Preventive Health Services. “With the mandate gone, at least for now, it will be up to insurers and employers to choose whether to continue the coverage of various forms of preventive care or to save money by charging patients part of their cost… “It’s going to exacerbate all the leading causes of death in this country,” said Georges C. Benjamin, executive director of the American Public Health Association. “In a nation that has enormous health inequities, it is going to disadvantage communities of color…” Critics of the ruling predicted that while the Biden administration seeks to overturn O’Connor’s decision on appeal, the plaintiffs were likely to try to broaden it to cover contraception and other services that are spared for now.” [The Washington Post, 3/30/23]

The New York Times: Judge Strikes Down Critical ACA Preventive Care Mandate. “The decision, by Judge Reed O’Connor of the Federal District Court for the Northern District of Texas, applies nationwide. If it stands, it could have far-reaching implications for millions of Americans, bringing the United States back to the days before the 2010 health law known as Obamacare, when insurers were free to decide which preventive services they would cover. The ruling, which is in the form of a nationwide injunction, takes effect immediately, said Lawrence O. Gostin, an expert on health policy at Georgetown University who has followed the case.” [The New York Times, 3/30/23]

Stat: Key Provision in the ACA Overturned by District Judge. “It [The Braidwood v. Becerra ruling] also leaves the door open for insurers to refuse coverage of statins, drugs preventing HIV transmission known as PrEP, and a vast range of health screenings recommended by federal officials. It could also eventually threaten the Biden administration’s efforts to lower maternal and infant mortality rates and bolster reproductive rights in the wake of Roe’s overturn. The lawsuit was brought by Braidwood Management, which represents a handful of Christian-owned businesses in Texas who argued they should not be required to cover birth control and PreP.” [Stat, 3/30/23]

Reuters: U.S. Judge Blocks Obamacare Coverage Mandate For Some Cancer Screenings, PrEP. “More than 150 million people were eligible for preventive care free of charge as of 2020 under the ACA, according to data from the U.S. Department of Health and Human Services. If O’Connor’s ruling is not paused or overturned on appeal, insurers will be able to charge patients copays and deductibles for such services in new insurance plans… Major medical groups criticized the decision… Lisa Lacasse, president of the American Cancer Society Cancer Action Network, said the ruling could have ‘huge implications’ and make it more difficult to catch treatable cancers early. ‘We cannot emphasize enough how important screenings are for early detection of cancer,’ she said…” [Reuters, 3/30/23]

Yale Daily News: Researchers Predict Rapid Increase in HIV Infections Due Directly to Braidwood Ruling. “In a recent study led by the Yale School of Public Health, researchers found that the Sept. 2022 Texas ruling in Braidwood Management v. Becerra could potentially result in more than 2,000 predictable cases of human immunodeficiency virus in the U.S. in the coming year. In the study, the researchers tried to estimate how many new HIV infections would result from the outcome of this court ruling, focusing on men who have sex with men… In addition, the researchers estimated that coverage would drop from 28 percent to 10 percent after the Braidwood Management v. Becerra decision… However, according to Paltiel, this number is almost certainly an underestimate.” [Yale Daily News, 3/31/23]

Bloomberg Law: ACA Preventive Care Mandate Limited by Texas Judge. “A federal judge blocked on Thursday an Obamacare requirement for health plans to pay in full for certain preventive health-care services, including PrEP drugs for HIV. Judge Reed O’Connor of the US District Court for the Northern District of Texas vacated actions taken by the US Health and Human Services Department to implement or enforce certain Affordable Care Act preventive services coverage requirements.” [Bloomberg Law, 3/30/23]

Round-Up: Protect Our Care’s Fortnight of Action on Insulin Calls for Expansion of $35 Cap

U.S. Representatives James E. Clyburn and Lucy McBath Joined Protect Our Care to Call on Congress to Expand the Lifesaving Insulin Provision for Seniors in the Inflation Reduction Act to All Americans.

Over the past two weeks, Protect Our Care has been highlighting the importance of lowering insulin copay costs and calling for Congress to finish the job of the Inflation Reduction Act to make the $35 cap universal. Through nationwide events, resources, and social media, Protect Our Care has highlighted real stories of people currently saving hundreds, if not thousands of dollars on their insulin costs, as well as how a universal insulin copay cap would help all insulin users. For people of color, lowering insulin costs is especially important because they disproportionately suffer from diabetes and are more likely to skip, ration, or completely forgo insulin as a result of outrageous costs.

Last year, Republicans in Congress blocked a provision that would have extended the cap to people with private insurance which put Big Pharma’s profits over real people. Now, President Biden and Democrats in Congress are fighting to extend these savings to everyone. This would help an estimated 21 million patients afford this vital medication. 

Fact Sheets

Videos

Opinion Pieces

  • Arizona Physician: A Ray of Hope After the Inflation Reduction Act
  • Bridge Magazine: Opinion | $35 insulin cap and free shingles vaccine a blessing for seniors
  • Up North News: Nearly 60,000 Wisconsin Seniors on Medicare Need Insulin. So Why Did Republicans Oppose Biden’s $35-a-Month Insulin Cap?

Thursday, February 21 – Insulin Event with Representatives James E. Clyburn (D-SC-06) and Lucy McBath (D-GA-07): U.S. House Assistant Democratic Leader James E. Clyburn (D-SC-06) and U.S. Representative Lucy McBath (D-GA-07) joined Protect Our Care for a press call to discuss the ongoing efforts to expand the Inflation Reduction Act’s insulin savings to every American. During the call, speakers discussed how lowering insulin costs is especially important for people of color, who disproportionately suffer from diabetes and are more likely to skip, ration, or completely forgo insulin as a result of outrageous costs. “If there’s anything you cannot take shortcuts on, it’s the medicine that people need in order to maintain a good quality of life. … I know what families are going through with those children and not being able to afford the insulin. That’s not what this country is all about,” said U.S. House Assistant Democratic Leader James E. Clyburn. “This is about saving lives. We’re here today to continue this fight for those who sent us to Washington on their behalf and we’ll continue to do this work to expand savings for these life-saving drugs because the American people deserve it,” said U.S. Representative Lucy McBath. You can watch the event here, and view the post-event release here.

In The States

ARIZONA

Thursday, December 29, 2022—Arizona Physician Magazine Op-ed by Dr. Suganya Karuppana on the Inflation Reduction Act. Protect Our Care Arizona placed an opinion piece (pg. 14-16) in Arizona Physician magazine by Dr. Suganya Karuppan, chief medical officer at Valle Del Sol. In the piece, Dr. Karuppana highlights how the new Medicare benefits such as the $35 insulin cap and advanced premium tax credits improve health care costs for Arizonans. Krauppana writes, “Medicare beneficiaries will have more reasonable caps on out-of-pocket spending on medications, and my personal favorite, the Medicare $35 copay on insulin.” You can read the full op-ed here.

Thursday, February 9 – Post-SOTU/Insulin Event with Arizona Health Care Advocates. Saundra Cole, President of the Arizona Alliance for Retired Americans, and David Lucier, President of the Arizona Veterans and Military Leadership Alliance joined Protect Our Care Arizona to discuss how President Biden and Democrats in Congress have worked to pass historic health care measures, lower costs, and expand access to care in Arizona and across the country, including capping insulin costs for Medicare beneficiaries at $35 a month, and expanded coverage for certain vaccines. “When Medicare was introduced our lifespan increased because seniors were able to get their medical needs met,” said Cole. “Seniors are a vital part of the community and deserve to live with dignity and respect.” You can watch the event here.

GEORGIA 

Friday, February 10, 2023 – Senator Raphael Warnock SOTU Guest Lacy McGee Video. Senator Warnock was joined by Lacy McGee, an insulin user from Atlanta at President Biden’s State of the Union address. Lacy has struggled to afford her medication despite having private insurance and has been forced to ration her insulin or even rely on the black market to obtain the lifesaving drug. Lacy’s story demonstrates the importance of extending the Inflation Reduction Act’s monthly insulin cap to everyone. You can watch Lacy’s story here, and view an ICYMI on Lacy’s trip to Washington, DC here.

MICHIGAN

Thursday, January 26, 2023 – IRA Vaccines + Insulin Event with HHS Regional Director Joseph Palm and Michigan Health Care Advocates. Healthcare leaders joined Protect Our Care Michigan to celebrate a record-breaking enrollment of 322,273 Michiganders into the ACA marketplace for 2023. This year seniors in the state and across the country are saving on insulin costs and life-saving vaccines thanks to the Inflation Reduction Act. HHS Regional Director Joe Palm said record enrollment in Marketplace health coverage reflects the growing public awareness that health insurance is the lifeline that puts high-quality medical care within reach of middle-income families. “The 16.3 million people nationally – including 322,000 Michiganders – who enrolled in Marketplace health plans now have a way to deal with an unexpected illness or injury,” Palm said. “And thanks to the Inflation Reduction Act that was passed last year, they can continue to buy that insurance at an affordable price.” You can watch the event here.

  • Detroit Free Press: Michigan sees highest Obamacare enrollment since 2016
  • MLive: Record Michiganders seek health insurance through ACA marketplace in 2023
  • WXMI-TV (FOX-Grand Rapids): Michigan Sees Record Open Enrollment Numbers
  • Gongwer: Health Care Leaders Boast Record-Breaking Open Enrollment
  • MIRS: Vaccines Are Free For Medicare Adults Under IRA

Thursday, February 2, 2023 – Bridge Magazine Op-ed by Linda Vail on New Medicare Benefits for Seniors. Protect Our Care Michigan placed an opinion piece in Bridge magazine by Ingham County health officer Linda Vail. In the piece, Vail highlights how the new Medicare benefits such as the $35 insulin cap and vaccine coverage are a blessing for seniors. Vail writes, “Under the Inflation Reduction Act, as of Jan. 1, monthly insulin costs are capped at $35 for Medicare recipients. This is nothing short of a lifesaving game changer for seniors in all corners of Michigan, and a major step toward reducing massive racial and geographical inequities in health care.You can read the full op-ed here.

Thursday, February 16, 2023 – Post-SOTU/Insulin Event with Rep. Dan Kildee and Advocates. Congressman Dan Kildee and health care leaders joined Protect Our Care Michigan to discuss how President Biden and Democrats in Congress have worked to pass historic health care measures, lower costs, and expand access to care in Michigan and across the country. “I’ve worked to pass new laws to lower the costs of health care and prescription drugs for the American people,” said Congressman Dan Kildee. “Because of our work, Medicare will be allowed to negotiate drug prices with pharmaceutical companies, and we’ve capped the cost of insulin at $35 a month for seniors. Now Congress must build on this work and pass my bill to cap the cost of insulin for all Americans.” You can watch the event here.

NEVADA

Thursday, February 9, 2023 – Post-SOTU/Insulin Event with Rep. Susie Lee and Nevada Health Care Advocates. Congresswoman Susie Lee and advocates Barb Hartzell and Donna West joined Protect Our Care Nevada to discuss how President Biden and Democrats in Congress have worked to pass historic health care measures, lower costs, and expand access to care in Nevada and across the country. Congresswoman Susie Lee said, “As I sat in the House Chamber on Tuesday to hear directly from President Biden, it was clear that we’ve made huge strides in the fight to lower health care costs, but there is more work to do. With the Inflation Reduction Act, we’ve capped insulin costs at $35 per month for seniors on Medicare, we’ve expanded access to affordable care subsidies, we’ve capped out-of-pocket spending to $2,000 for more than 46.6 million Americans with Medicare Part D, and Medicare can finally negotiate to lower drug prices, putting money in back in your pockets. But we all know there is more to be done to ensure that these types of savings are extended to every American and that’s a fight I will continue to carry throughout this Congress.” You can watch the event here

  • KSNV (NBC): Susie Lee highlights affordability of prescription drugs
  • KSNV (NBC): Rep Susie Lee Joins Protect Our Care 
  • KNPR (Radio): Rep Lee Highlights Healthcare Protections Through Inflation Reduction Act

PENNSYLVANIA

Wednesday, January 25, 2023 – Vaccine and Insulin Affordability Event with Senator Casey, HHS Regional Director Dr. Ala Stanford, and Pennsylvania Health Care Advocates. Senator Bob Casey, Dr. Ala Stanford, and health care advocates joined Protect Our Care Pennsylvania to highlight how seniors in Pennsylvania and across the country are saving on insulin costs and life-saving vaccines thanks to the Inflation Reduction Act. Senator Bob Casey said, “Because of the Inflation Reduction Act, an estimated 261,000 Pennsylvania seniors can now access life-saving vaccines at no cost and 87,000 Pennsylvanians are starting to see reduced costs for their insulin. These are huge milestones, and I’m proud to have fought for these provisions alongside Protect Our Care, which has been an incredible partner in protecting health care across the Nation. Dr. Ala Stanford said, “Thanks to President Biden’s leadership, millions of Americans are already seeing lower health care costs as they access the care they need. Key pieces of the law have already gone into effect or will go into effect very soon. As of January 1, millions of people with Medicare now have their insulin costs capped at $35 per month for each covered insulin they take.” You can watch the event here

VIRGINIA

Friday, February 10, 2023 – Sen. Mark Warner SOTU Health Care Guest ICYMI. On Tuesday night, President Biden delivered his State of the Union address, celebrating the administration’s accomplishments and outlining further action to lower costs and improve health care for Virginians and families across the country. As part of the event, Senator Mark Warner (D-VA) welcomed Marguerite Bailey Young from Fredericksburg, VA who demonstrated the importance of affordable and accessible health care for everyone. Marguerite is a 94-year-old type two diabetic and retired teacher from Fredericksburg, Virginia. The Inflation Reduction Act has allowed Marguerite, who is on a fixed income, to save around $2,000 a year on insulin.

WISCONSIN 

Thursday, January 12, 2023 – Shingles Vaccine and Insulin Affordability Roundtable with Senator Tammy Baldwin and Wisconsin Seniors. Senator Tammy Baldwin joined Protect Our Care Wisconsin alongside Seniors from Green Bay and Appleton to highlight how Medicare enrollees are already benefiting from the Inflation Reduction Act, which took effect this month and is lowering costs and improving health care for millions of Americans. “Too many Americans are seeing the costs of their prescription drugs increase and are struggling to afford the medications they need to survive,” says Senator Baldwin. “That’s why I was proud to support the Inflation Reduction Act last year, to finally provide some relief for Wisconsin families and hold drug companies accountable for prioritizing profits over people.” You can watch the event here

  • City Pages: Baldwin Visits Green Bay to Speak on New Health Care Provisions
  • WisPolitics: U.S. Sen. Tammy Baldwin highlights lower insulin costs, free vaccines for seniors in Green Bay

Thursday, January 19, 2023 – Senator Tammy Baldwin Joins Protect Our Care Wisconsin State Director Joe Zepecki on the Steve Scaffidi Show. Senator Tammy Baldwin joined Protect Our Care Wisconsin State Director Joe Zepecki on the Steve Scaffidi show to discuss key measures in the Inflation Reduction Act – including what the Senator described as “critical reforms” that are expected to save seniors in Wisconsin hundreds of dollars on their health care costs, keep millions of people healthy, and prevent dangerous complications associated with diabetes, shingles, and other serious diseases. During the segment, Senator Baldwin described how the soaring cost of insulin has put folks with diabetes in Wisconsin and across the country at risk and celebrated the Inflation Reduction Act’s $35 per month insulin copay cap for those on Medicare. “This is a huge reform that will make managing diabetes affordable – which is great news,” said Senator Baldwin. You can listen to the program here.

Tuesday, February 7, 2023 – State of the Union Preview Event with Senator Tammy Baldwin and Guest David Hovde. U.S. Senator Tammy Baldwin joined Protect Our Care to discuss how President Biden and Democrats in Congress have worked to pass historic health care measures, lower costs, and expand access to care across the country. “I was diagnosed with diabetes nearly 20 years and have been taking insulin for about 15 years and have watched as the costs have steadily risen,” said Mr. David Hovde. “I was fortunate, I had pretty good insurance but nonetheless, for two types of insulin, it was costing me several hundred dollars per month.” Senator Baldwin pledged to continue to fight to lower prescription drug costs for all Americans. “While the inflation reduction act is an extremely significant step, there is work yet to do (to lower health care costs),” said Senator Baldwin. Later, she referenced capping insulin costs at $35/month for all Americans and making the Advanced Premium Tax Credits permanent as top health care priorities. You can watch the event here

  • WMTV (NBC): State of the Union Preview
  • WMTV (NBC): Baldwin Speaks on Health Care
  • WISC (CBS): Wisconsin Impact at State of the Union
  • WSAW (CBS): Sen. Baldwin on President’s State of the Union
  • WBAY (ABC): Appleton Man is Invited Guest to State of the Union
  • Fox 11 News: Appleton Man to be Baldwin’s Guest at State of the Union
  • KBJR (NBC): Senator Tammy Baldwin Bringing Appleton Man to State of the Union
  • Wisconsin Examiner: Who’s on the Guest List for the State of the Union Speech
  • Milwaukee Journal Sentinel: Baldwin to take cousin of potential GOP rival to State of the Union
  • WisPolitics: U.S. Sen. Baldwin: Talks healthcare progress with her State of the Union guest ahead of President Biden’s Address to the nation 
  • As Goes Wisconsin: David Hovde, Tammy Baldwin’s Guest for the State of the Union 

Wednesday, February 15, 2023 – Insulin and State of the Union Op-Ed by Senator Baldwin’s SOTU Guest David Hovde. Protect Our Care Wisconsin helped placed an opinion piece in UpNorthNews from Senator Tammy Baldwin’s State of the Union guest David Hovde, an Appleton resident who relies on insulin to manage his diabetes. In the piece, Hovde highlights how the Inflation Reduction Act is saving Wisconsinites money on care and expresses frustration over Republican lawmakers’ refusal to lower insulin costs for all Americans. “None of these provisions in the Inflation Reduction Act should have been controversial; it’s a historic bill that will make a difference in the lives of millions of Americans. Unfortunately, Republicans in Congress did not see it that way. Not a single Republican from Wisconsin voted to support this new law.” You can read David Hovde’s op-ed here.

  • Up North News: Nearly 60,000 Wisconsin Seniors on Medicare Need Insulin. So Why Did Republicans Oppose Biden’s $35-a-Month Insulin Cap?

ROUNDUP: Most Successful Open Enrollment Period To Date Ends As Record Numbers Sign Up for Affordable Coverage

Coverage is More Affordable Than Ever Before Thanks to President Biden and Democrats in Congress

The 2023 open enrollment period came to a close on Sunday and record numbers of Americans signed up for coverage under the Affordable Care Act. According to the Department of Health and Human Services, by January 7, 2023, almost 16 million people had enrolled, including 3.1 million who are new to using the marketplace. This total is expected to grow as final enrollment numbers are expected in the coming weeks. Already the nation’s uninsured rate is at the lowest it has ever been in history at 8 percent.

While Republicans have spent years trying to dismantle the Affordable Care Act, President Biden and Democrats delivered on their promise to protect and expand it. They have passed the American Rescue Plan and the Inflation Reduction Act, which made health care through the ACA marketplaces more affordable than ever before. The Biden administration also funded the Navigator program with the single-largest investment ever to help connect even more people to coverage, with a focus on outreach to racial and ethnic minorities, people in rural areas, LGBTQ+ people, and other underserved communities. The family glitch, which previously blocked millions of families from receiving affordable coverage under the ACA, was also eliminated, allowing an estimated 200,000 uninsured Americans to gain coverage and save hundreds of dollars each month on health premiums.

The expanded tax credits extended through the Inflation Reduction Act reduce or eliminate out-of-pocket premiums for millions of Americans and are also available for more households than ever before.  According to HHS, 80% of enrollees could find coverage through the Marketplace for $10 or less – putting money back in the pockets of hardworking Americans who now won’t have to make impossible choices between lifesaving coverage and putting food on the table or paying rent. Now, the results are piling in with more Americans gaining access to quality, affordable health care. 

COVERAGE

CNN: Affordable Care Act Open Enrollment Ends Sunday Amid Record Sign-Ups. “Affordable Care Act plans have grown in popularity since 2021, when the Democrats who controlled Congress at the time temporarily enhanced the program’s federal subsidies as part of the coronavirus relief package known as the American Rescue Plan. Lawmakers extended that generous help through 2025 as part of the Inflation Reduction Act – the climate, health care and tax package that became law last summer.” [CNN, 1/13/23]

NPR: More People Than Ever Buy Insurance on Healthcare.gov. “What’s driving the upward trend? The big reason is that the plans are cheaper for people than they used to be. The federal government has pumped billions of dollars in recent years into subsidies to keep costs down for consumers. Health officials say 4 out of 5 enrollees qualify for plans that cost $10 or less per month. And 5 million people who are uninsured qualify for zero dollar premium plans, according to a recent analysis from the Kaiser Family Foundation.” [NPR, 1/13/23]

Fox News: Almost 16 Million Americans Have Signed Up for Obamacare Plans in 2023. “Nearly 16 million Americans have so far signed up for health insurance through the Affordable Care Act’s marketplace, a 13% jump from a year earlier, according to the U.S. Department of Health and Human Services (HHS) on Wednesday. Enrollment for 2023 healthcare plans under the Affordable Care Act, also known as ObamaCare, is open between Nov. 1 and Jan. 15. About 3.1 million people who have signed up for the plans are new enrollees, HHS said.” [Fox News, 1/11/23]

Money: Obamacare Enrollment Reaches Record High With Cheaper Plans and ‘Family Glitch’ Fix. “About 5 million uninsured people can enroll in ACA coverage nationwide as a result of these policies, according to a Kaiser analysis. Single young adults, low- and middle-income families, single parents and elderly people are saving thousands of dollars on health insurance.” [Money, 1/17/23]

NPR: 2022 Was a Record High Year for Obamacare Enrollment. “Julie Appleby, Kaiser Health News: ‘We’re seeing, you know, close to 16 million people, as you said, and that’s up from, you know, 14 1/2 in 2022, which itself was a record. So this trend appears to be going up. And people who study this say there’s several factors, but probably the biggest one is there are these enhanced subsidies that were first put into effect with the stimulus bill, and then they were extended in the Inflation Reduction Act, which was passed in August. And basically, these subsidies help people pay part or even, in some cases, all of their monthly premium.’” [NPR, 1/15/23]

Fierce Healthcare: HHS: Uninsured rates decline for younger Americans from 2019 through 2021. “The Department of Health and Human Services (HHS) released a report Friday detailing gains in coverage from 2019 through 2021. Officials attributed a decline in the uninsured rate from 11.1% in 2019 to 10.5% in 2021 due to expansions in Medicaid and other gains via the Affordable Care Act’s (ACA’s) marketplace. ” [Fierce Healthcare, 1/11/23]

(GA) Atlanta Journal-Constitution: Decade In, Georgia Aca Signups Reach Record High. “The numbers enrolled for 2023 are still being counted, but could reach 1 million insured Georgians by the time open enrolment closes Sunday at midnight. If it does, approximately 1/10th of the state’s population would be obtaining insurance through the marketplace.” [Atlanta Journal-Constitution, 1/13/23](NV) Nevada Current (Opinion): Affordable Health Insurance Empowers Us All. “This is just one reason I’m thankful for access to an affordable and accessible health plan through Nevada Health Link, the state’s health insurance marketplace for qualified health and dental plans. Access to affordable, comprehensive health coverage eliminates that fear and allows thousands of Nevadans like me to have the flexibility and freedom to chart our own path while still having the peace of mind to see a doctor as needed.” [Nevada Current, 1/10/23]

ROUNDUP: Leaders Celebrate New Benefits to Seniors from the Inflation Reduction Act

As of January 1, 2023, Insulin Is Capped at $35 a Month for Insulin for Medicare Beneficiaries, and Adults on Medicare Part D Will Have Access to Vaccines at No Cost

Thanks to the leadership of President Biden and Democrats in Congress for passing the Inflation Reduction Act, millions of seniors will start the new year by saving big on their health care costs. The shingles vaccine is now free for seniors and Medicare recipients will no longer have to pay more than $35 on insulin per month, delivering widespread, immediate relief to millions. These policies do more than save money, they save lives. These policies will be a lifeline for millions of Americans, particularly seniors, people of color, rural Americans, and people with disabilities. Too many seniors on fixed incomes are up at night worried about paying the bills, but this new law will finally give some breathing room to seniors who have worked hard their whole lives.

President Biden: “As of this moment, a month’s supply of insulin will be capped at $35 for anyone on Medicare. $35. That’s it.” [1/1/23]

HHS Secretary Xavier Becerra: “It’s officially 2023! Which means new savings for seniors start today. With the Inflation Reduction Act, @POTUS has delivered on lowering health care costs for Americans.” [1/1/23]

HHS Secretary Xavier Becerra: “Happy New Year! Today begins the cap on insulin copays for #Medicare beneficiaries. For patients ages 65+, @POTUS’ #InflationReductionAct is continuing to lower prescription drug costs and help those who struggle to cover the costs of insulin.” [1/1/23]

Speaker Nancy Pelosi: “Starting today, thanks to relentless patient advocates and courageous Democrats, insulin for which Big Pharma charged hundreds of dollars per month will be capped at $35 per month for seniors on Medicare. We’ll keep fighting to expand health care and lower costs.” [1/1/23]

Senator Amy Klobuchar: “For too long, Americans have paid the highest prices in the world for prescription drugs. Thanks to legislation we passed to allow Medicare to negotiate lower drug prices, help is on the way.” [1/2/23]

Senator Mark Warner: “BIG NEWS: As of TODAY, those on Medicare will have their insulin capped at $35/month.” [1/1/23]

Senator Elizabeth Warren: “Insulin out-of-pocket costs are now capped at $35 a month for Americans on Medicare. Every Republican voted against this life-changing policy. Democrats are making government work for the people.” [1/2/23]

Senator Tina Smith: “A great way to ring in the new year: a $35 cap on insulin for seniors.” [1/1/23]

Senator Reverend Raphael Warnock: “GREAT NEWS: If you’re an insulin user on Medicare, as of *today* your out-of-pocket insulin costs are now capped at $35 a month! I’m so proud we got this part of my #AffordableInsulinNow Act done—and I’m going to keep fighting to get the rest of the bill over the finish line.” [1/1/23]

Congressman Bill Pascrell Jr.: “Democrats capped the price of insulin for millions of Americans. Republicans blocked our efforts to cap insulin for all Americans but we will keep trying.” [12/31/22]

Congresswoman Barbara Lee: “Now that it’s officially 2023, seniors will pay NO MORE than $35/month for their insulin—thanks to the Inflation Reduction Act (and no thanks to Republicans, who all voted against it). This is life-changing.” [1/2/23]

Congressman Adam Schiff: “Insulin is now capped at $35 for Americans on Medicare. Every single Republican voted AGAINST lowering the cost. While Democrats voted FOR lowering your health care costs. We know what side Republicans in Congress are on. And it isn’t yours.” [1/2/23]

Congresswoman Yvette Clarke: “By this time tomorrow, no seniors on Medicare will ever be charged more than $35 a month for their insulin again. That’s progress.” [12/31/22]

Congressman Ruben Gallego: “On Jan. 1, our legislation to lower healthcare costs takes effect. That means: Lower Medicare prescription drug prices through price negotiation w/ manufacturers, Capped out-of-pocket prescription drug costs in Medicare, & lower ACA health insurance premiums. It’s a big deal!” [12/30/22]

Congresswoman Pramila Jayapal: “Starting TODAY, thanks to the American Rescue Plan, the cost of insulin will be capped at $35/month out of pocket for seniors on Medicare. That’s real savings for millions. Democrats are delivering!” [1/1/23]

Congressman Colin Allred: “Great news: thanks to the Inflation Reduction Act, seniors on Medicare will now get the shingles vaccine for free next year, saving over $100 on their shots.” [12/28/22]

Congressman Ritchie Torres: “Starting in January, the Inflation Reduction Act will cap the price of insulin at $35 a month for senior citizens on Medicare. Thank you, President Biden and House Democrats, for delivering for everyday Americans.” [12/29/22]

White House Chief of Staff Ronald Klain: “A major achievement in 2022: the price of insulin capped at $35 for seniors. A major agenda item for 2023: extending that cap to cover everyone.” [12/30/22]

ROUND UP: Ron DeSantis Spreads Dangerous COVID-19 Conspiracy Theories For His Own Gain

This week, Florida Governor Ron DeSantis called on the state Supreme Court to empanel a grand jury to investigate the COVID-19 vaccinations, despite the fact that a recent study showed COVID-19 vaccines saved millions of lives in the United States. This comes after a years-long effort to undermine scientists, spread disinformation, and prolong the pandemic in order to hurt Democrats and the Biden administration politically. Coverage indicates this is a purely political move to pander to right-wing conspiracy theorists ahead of his rumored presidential campaign in 2024. DeSantis has made it clear he cares more about his own political career than the health and safety of his constituents. 

The Bulwark: DeSantis Sucks Up To The Anti-Vax Crowd. “As he seeks to elevate his profile further and distinguish himself from potential 2024 presidential rivals, DeSantis is sucking up to the anti-vax crowd and styling himself as a crusader against what he calls the “biomedical security state.” And, like most of DeSantis’s political stunts, his overtures to the fringe are pretty cringey… Since his appointment, Ladapo has found himself mentioned in the news for making the rounds on conspiracy-themed conservative podcasts. The people of Florida deserve better from their surgeon general. And on the part of Gov. DeSantis, the selection of and reliance on Ladapo demonstrates not an admirable desire to encourage unconventional thinking but rather a desperate wish to kiss up to cranky, conspiracist anti-vax voters.” [The Bulwark, 12/15/22]

NBC News: Ron DeSantis Outflanks Trump On The Right With His Call For COVID Vaccine Probe. “At a roundtable he convened of Covid vaccine skeptics and opponents — including his own surgeon general — he formally called on the state Supreme Court to impanel a grand jury to investigate whether pharmaceutical companies criminally misled Floridians about the side effects of vaccines, a position at odds with the Centers for Disease Control and Prevention… The decision by DeSantis to now investigate the vaccines was widely panned by those in Trump’s orbit.” [NBC News, 12/13/22]

Vox: Ron DeSantis’s Vaccine “Investigation” Is All About Beating Trump. “Florida Gov. Ron DeSantis, who is widely expected to run for president in 2024, is escalating his campaign to discredit the Covid-19 vaccines, the drug companies that produced them, and the public health officials and government leaders who urged Americans to get them. Florida under DeSantis has been home base for anti-vaccine, anti-mask, and anti-lockdown policies in the past three years… Florida Gov. Ron DeSantis, who is widely expected to run for president in 2024, is escalating his campaign to discredit the Covid-19 vaccines, the drug companies that produced them, and the public health officials and government leaders who urged Americans to get them.” [Vox, 12/15/22]

Politico: DeSantis Calls For Grand Jury To Investigate COVID-19 Vaccines. “Gov. Ron DeSantis on Tuesday asked the Florida Supreme Court to empanel a grand jury to investigate “wrongdoing” linked to the Covid-19 vaccines, including spreading false and misleading claims about the efficacy of the doses… He sought to undermine the efficacy of the Covid vaccine and claimed that vaccine manufacturers such as Moderna have made a fortune on Covid-19 mandates… DeSantis has built a national reputation fighting against Covid-related mandates such as vaccine requirements or schools ordering students to wear masks.” [Politico, 12/13/22]

The Washington Post: DeSantis Forms Panel To Counter CDC, A Move Decried By Health Professionals. “DeSantis’s press office accused pharmaceutical companies and the Biden administration of pushing the distribution of mRNA vaccines “through relentless propaganda while ignoring real-life adverse events.” Ladapo joined that criticism, and said the state would work with the University of Florida to study autopsy results in cases of “sudden deaths of individuals that received the COVID-19 vaccine in Florida.”” [The Washington Post, 12/13/22]

Business Insider: DeSantis Latest Anti-COVID-19 Vaccine Pust Puts Him On A Collision Course With Trump Over The Pandemic. “DeSantis held a 90-minute roundtable with COVID vaccine skeptics and asked the Florida Supreme Court to set up a statewide grand jury to investigate “crimes and wrongdoing” related to the COVID-19 shots, weaponizing life-saving vaccines ahead of a potential fight with not just Trump but President Joe Biden… DeSantis is seen as one of Trump’s most formidable opponents in a hypothetical presidential matchup. In a USA Today-Suffolk University poll released Tuesday, DeSantis led Trump by 23 points among Republicans.” [Business Insider, 12/13/22] 

Huffpost: DeSantis, Who Once Praised Vaccines, Now Wants Them To Prosecute Those Who Pushed Them. “Two years after mounting an aggressive campaign to vaccinate Floridians against COVID and a year after praising their efficacy, Gov. Ron DeSantis now wants to prosecute those who pushed the vaccines… The move puts DeSantis squarely on the side of the anti-vaccination activists in the Republican voting base and, more generally, a broader GOP effort to demonize retiring White House medical adviser Dr. Anthony Fauci and other mainstream medical experts ahead of an expected presidential run in 2024.” [Huffpost, 12/13/22]

ROUND UP: Republicans Threaten Social Security and Medicare Days Before The Election

In a speech earlier this week, President Biden sounded the alarm on Republican threats to Medicare and Social Security programs. With the election on the horizon, President Biden and Democratic lawmakers fight hard to preserve and expand health care for Americans, while Republicans are plotting to cut and privatize these programs. Without these programs, many senior citizens would not be able to afford their health care. And these programs are particularly important for people of color, people with disabilities, and women. Due to higher disability rates, lower lifetime earnings, and a significant racial wealth gap, Social Security is a critical source of income for Black and Latino workers and tool in reducing economic disparities.

Today’s Republican party is showing us their real interests, and it is not in the well-being of the American people. For decades now, the GOP has made promises to defund Social Security and Medicare. President Biden and Congressional Democrats are ready to defend and expand crucial programs like Medicare and Social Security. The proposed Republican plan of cutting, privatizing and ending the Social Security system will result in ripping away essential lifelines from those who need it most.

HEADLINES

Axios: GOP Floats Medicare Changes While Ducking Details. “Some House Republicans aren’t waiting for the election to think about overhauling Medicare. But it’s hard to tell if there are specifics behind the talking point… Past GOP attempts to cut Medicare landed with a thud, and Democrats in recent weeks have been hammering on the message that Republicans are intent on gutting the program. The critical moment could be next year’s talks on the debt ceiling, if Republicans flip one or both houses of Congress.” [Axios, 11/3/22]

The New York Times: GOP Signals Plans To Shrink Social Security. Risk To The Safety Net Energizes Dems. “Congressional Republicans, eyeing a midterm election victory that could hand them control of the House and the Senate, have embraced plans to reduce federal spending on Social Security and Medicare, including cutting benefits for some retirees and raising the retirement age for both safety net programs… Yet several influential Republicans have signaled a new willingness to push for Medicare and Social Security spending cuts as part of future budget negotiations with President Biden. Their ideas include raising the age for collecting Social Security benefits to 70 from 67 and requiring many older Americans to pay higher premiums for their health coverage.” [The New York Times, 11/2/22]

The Washington Post: Republicans Plan Health-Related Probes If They Win The House. “House Republicans are plotting a flurry of probes into the Biden administration’s pandemic response and the health industry if the party retakes control of the chamber next week. Key party leaders have already drummed up lists of their oversight priorities amid growing confidence they’ll win control of the House in the midterm elections. This includes investigating the origins of covid-19, cracking down on prescription drug middlemen, examining how pandemic relief dollars have been spent and scrutinizing key federal agencies.” [The Washington Post, 11/3/22]

CNBC: As Election Day Approaches, Democrats Warn That Social Security And Medicare Are At Stake. “At the event, Biden touted the recent passage of the Inflation Reduction Act, which will curb Medicare prescription drug costs for seniors. The legislation gives Medicare the ability to negotiate prices for certain high-price drugs, caps insulin at $35 per month under Medicare Part D and limits out-of-pocket prescription costs under Part D to $2,000 per month, among other changes. But Republican opposition could lead the party to stop those changes if they win control on Election Day, Biden warned.” [CNBC, 11/3/22]

The Hill: Why The Fate Of Medicare And Social Security Is A Midterm Issue. “The fate of Social Security and Medicare is back in the spotlight less than two weeks before the midterms. The White House and Democrats have made both entitlements central to their closing pitch to voters, sounding the alarm that a Republican majority in the House would look to cut programs that millions of Americans rely on in a bid to reduce spending… Biden vowed Tuesday to refuse any effort to cut entitlements in the next Congress during an address to the Democratic National Committee, highlighted past GOP comments on the programs during a Thursday appearance in Syracuse, and he tweeted Friday that Republicans “are so determined to cut these programs they’re willing to take down the American economy over it.”” [The Hill, 10/31/22]

Los Angeles Times: Column: GOP Promises To Gut Your Social Security, Medicare If It Takes Power. “In its latest manifestation, four Republicans angling to become chair of the House Budget Committee in a Republican House talked openly about holding the federal debt ceiling hostage to an agreement on “entitlements” — that is, Social Security and Medicare — plainly aimed at cutting benefits… This isn’t the first time that the GOP has tried to depict Social Security and Medicare as enemies of sound fiscal policy. Senate Minority Leader Mitch McConnell spelled it out in 2018. Sen. Joni Ernst (R-Iowa) talked openly about making cuts “behind closed doors.” Sen. Marco Rubio (R-Fla.) cooked up a plan for family leave funded by raiding future Social Security benefits.” [Los Angeles Times, 10/19/22]

SOCIAL MEDIA

President Biden. “Let’s be clear about what “changes” Republicans in Congress want to make to Medicare and Social Security. They want to raise the retirement age, move towards privatization, and put these programs on the chopping block every five years.” [11/3/22]

The White House. “President Biden and Congressional Democrats: Took on Big Pharma allowing Medicare to negotiate prescription drug costs, Capped seniors’ pharmacy drug costs and the cost of insulin, Kept health insurance premiums low for people who get coverage through the Affordable Care Act.” [11/2/22]

U.S. House of Representatives Ways & Means Committee. “This is not a new fight. Democrats created #SocialSecurity 87 years ago and Republicans have tried to slash it ever since. Republicans continue to put Americans second and their special interests first.” [11/2/22]

U.S. House of Representatives Ways & Means Committee. “When Republicans launch a vicious attack on Social Security and Medicare that would have harsh, long lasting consequences on retirees, seniors, and workers” [11/2/22]

U.S. House of Representatives Ways & Means Committee. “Dems have been working to expand Americans’ ability to access health care services under #Medicare, by: Increasing training for physicians, making it easier for beneficiaries to enroll, improving access to mental health & substance use services. That’s what Democrats do.” [11/2/22]

U.S. House of Representatives Budget Committee and Ways & Means Committee. “Republicans aren’t even trying to hide their extreme plan to gut Social Security and Medicare anymore. They’re plotting to tank our economy by forcing cuts to Americans’ hard-earned benefits. They’re saying it out loud — and will do it.” [10/28/22]

ROUNDUP: “Landmark” Inflation Reduction Act Provision to Stop Drug Company Price Hikes Kicks In

Help Is on The Way as Critical Drug Pricing Provision Takes Effect 

Last week, the first health care provision in the Inflation Reduction Act took effect, an important step to deliver lower costs to millions of Americans. As of October 1, 2022, drug companies will now be charged a penalty when they raise drug prices faster than the rate of inflation. News coverage makes clear that this provision marks a turning point in the drug pricing landscape, subjecting drug companies to steep penalties if they hike the price of lifesaving drugs. Along with the provisions to give Medicare the power to negotiate, cap seniors’ out-of-pocket costs, and drive down premium costs, the Inflation Reduction Act is set to make health care more affordable, accessible, and equitable for the American people. 

HEADLINES

Forbes: HHS Begins Implementation of Inflation Rebates for Medicare Part D Drugs. “On October 1st, the Department of Health and Human Services (HHS) began implementing one of three main prescription drug pricing provisions contained in the Inflation Reduction Act. The Department of HHS now requires that drug manufacturers pay the Centers for Medicare and Medicaid Services (CMS) rebates for raising list prices of outpatient drugs for Medicare in excess of inflation. Any difference between the inflation percentage in a given year and the increase in price above inflation must be rebated to Medicare.” [Forbes, 10/5/22]

Bloomberg Law: Inflation Rebates Explained. “Makers of some of the highest-cost medications could start seeing Medicare rebate invoices as a provision of the Biden administration’s landmark drug pricing law takes effect. As of Oct. 1, the Centers for Medicare & Medicaid Services will measure price increases for prescription drugs covered by Medicare Part D. Any increases exceeding the rate of inflation over the next 12 months will be subject to payments. w.” [Bloomberg Law, 10/4/22]

Endpoints News: New Inflation Rebates Program Going Into Effect on Saturday. “The new rebates are part of the newly signed Inflation Reduction Act, which introduces this new requirement that manufacturers pay rebates to Medicare for Part D drugs whose price increases exceed inflation, and in January 2023, the same will occur with Part B drugs. The rebate system ‘was designed to reduce the frequency and size of drug price increases,’ HHS says. The IRA also includes a provision that allows CMS to negotiate and/or cap the prices of 10 of the most expensive drugs. While those negotiations will be limited, the rebates paid by the industry may be significant.” [Endpoints News, 9/30/22]

STATEMENTS

Senate Finance Committee Chair Ron Wyden Hails Introduction of Rebates. “Starting this week, there is finally accountability for Big Pharma’s indiscriminate price gouging. Seniors and taxpayers shouldn’t be forced to foot the bill while Big Pharma raises prices faster than the cost of living every year. This step is just the beginning of a seismic shift in the relationship between Big Pharma and taxpayers.” [10/6/22]

Statement From HHS Secretary Xavier Becerra. “Today’s action marks a critical step toward reducing health care costs for American families and increasing competition. We’re moving full-speed ahead on Inflation Reduction Act implementation to deliver results for millions of Americans.” [10/3/22]

Statement From CMS Administrator Chiquita Brooks-LaSure. “CMS is swiftly implementing the historic Inflation Reduction Act to make the new law and the benefits it provides a reality for the people we serve. The temporary Medicare Part B payment increase for qualifying biosimilars that is now in effect will foster competition in the drug marketplace for conditions such as diabetes, cancer, and immune disorders, and will improve access to these life-saving medicines that help keep people with Medicare healthy.” [10/3/22]

White House Press Secretary Kevin Munoz on the New Rebates. “Important HHS report showing prices of 1,200 drugs rose faster than inflation. The Inflation Reduction Act requires companies to pay rebates to Medicare if prices rise beyond the rate of inflation. GOP wants to repeal the Inflation Reduction Act.” [9/30/22]