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Showing posts with label CMS. Show all posts
Showing posts with label CMS. Show all posts

Friday, January 21, 2022

POLITICO NIGHTLY: The Medicare-size hole in Biden’s testing plan

 


 POLITICO Nightly logo

BY RENUKA RAYASAM

Presented by AT&T

Covid-19 rapid at-home test kits rest on a table at a free distribution event for those who received vaccination shots or booster shots at Union Station in Los Angeles.

Covid-19 rapid at-home test kits rest on a table at a free distribution event for those who received vaccination shots or booster shots at Union Station in Los Angeles. | Mario Tama/Getty Images

A NEW KIND OF MEDI-GAP — With Covid daily case counts three times higher than the country’s previous peak last January, the Biden administration has made testing a larger part of its pandemic strategy.

The hyped website that offers free tests directly to the door of every American is actually a small part of the administration’s plan, limited to just four tests per household. The bigger part of the testing plan includes new guidance that, starting this week, private insurers must cover the costs of eight over-the-counter rapid tests per person every month — another 32 free tests for a family of four.

But there’s a giant loophole: The at-home tests won’t be reimbursed by Medicare, which covers about 64 million people who are either 65 and older or have long-term disabilities.

About 42 percent of Medicare beneficiaries are in what’s called an Advantage plan — run by private insurers with generally broader coverage that Medicare beneficiaries can buy into — and some of them will be covered. But the Advantage plans aren’t required to cover the tests.

And if you’re one of the 58 percent of Medicare beneficiaries without an Advantage plan? You can get a test through the new website or at a clinic or doctor’s office, but you can’t get reimbursed for buying the rapid, at-home tests over the counter.

These are the Americans who are in the demographic cohort that is most vulnerable to Covid complications. This is the group with the highest Covid risk factors . People 65 and older have made up almost three-quarters of all Covid deaths during the pandemic, according to the CDC.

Medicare, including the part with the Advantage plans, is not designed to cover things that people can get over the counter, without a prescription, said Tricia Neuman, a Medicare expert at the Kaiser Family Foundation, who was recently nominated by Biden to serve on Medicare’s board of trustees. The rules-heavy program bills enrolled providers like hospitals, doctors, labs and pharmacies directly for expenses. It doesn’t reimburse patients the way a flexible spending account or a commercial insurer sometimes does.

“There is not a structure in place that is ready made for reimbursement,” she said.

The Centers for Medicare & Medicaid Services, the agency responsible for running the program, told Nightly that people in the program can get tested for free through their health care provider or one of 20,000 testing sites. Medicare covers Covid tests that are done by a lab. A doctor can order a test, making them free to Medicare patients. Some clinics are also distributing free rapid, at-home tests.

CMS is also encouraging Medicare Advantage plans to voluntarily cover the tests. But it can’t require the plans to pay for them. It’s unclear right now how many of the Advantage plans are planning to reimburse people who buy the at-home tests.

Those measures aren’t enough, some advocates and lawmakers say. Rep. Anna Eshoo (D-Calif.), chair of the Energy and Commerce Health Subcommittee, urged the Biden administration, in a letter sent Wednesday, to expand the coverage of at-home tests to Medicare beneficiaries.

“There is a bigger question about how long it will take to adopt a fix and whether it would require a change of law or whether CMS could do this on its own,” Neuman said.

No one seems to know the answer to Neuman’s question. The agency didn’t get back to Nightly about whether it could fix the issue under the Medicare statute, without new legislation.

Nor has CMS told AARP how or whether it will address the issue, said Andrew Scholnick, AARP’s senior legislative representative in government affairs.

Going to a doctor or pharmacy or another site to get a lab-based test that Medicare will pay for is a huge barrier, Scholnick said. A supply of rapid, at-home tests laying around the house would help seniors more easily figure out whether they can gather with friends and relatives or go to a crowded setting.

“To say that they shouldn’t have the same level of access to at home tests is ridiculous,” he said. “This is unfair and bad policy.”

Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com. Or contact tonight’s author at rrayasam@politico.com, or on Twitter at @RenuRayasam.

 

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WHAT'D I MISS?

— Some Democrats not ready to give up on child credit: They’re balking at suggestions by the White House to drop their bid to revive their signature Child Tax Credit plan . One day after President Joe Biden appeared ready to concede it may fall by the wayside, some lawmakers said they are not giving up on the proposal, which is included in a sweeping package stalled in the Senate.

— Georgia DA asks for special grand jury in election probe: The Georgia prosecutor looking into possible attempts to interfere in the 2020 general election by former President Donald Trump and others has asked for a special grand jury to aid the investigation . Fulton County District Attorney Fani Willis sent a letter to Fulton County Superior Court Chief Judge Christopher Brasher asking him to impanel a special grand jury. She wrote in the letter that her office “has received information indicating a reasonable probability that the State of Georgia’s administration of elections in 2020, including the State’s election of the President of the United States, was subject to possible criminal disruptions.”

— Jan. 6 panel will target Ivanka Trump for questioning: Jan. 6 investigators revealed today they’re going after Ivanka Trump, whom senior White House aides viewed as a last-ditch resort to convince Donald Trump to address rioters during the Capitol attack , according to evidence and testimony released today. “He didn’t say yes to Mark Meadows, Kayleigh McEnanay or Keith Kellogg, but he might say yes to his daughter?” a committee investigator asked of Kellogg, a top Trump White House official, during a recent interview, according to a testimony transcript published by the panel.

 

BECOME A GLOBAL INSIDER: The world is more connected than ever. It has never been more essential to identify, unpack and analyze important news, trends and decisions shaping our future — and we’ve got you covered! Every Monday, Wednesday and Friday, Global Insider author Ryan Heath navigates the global news maze and connects you to power players and events changing our world. Don’t miss out on this influential global community. Subscribe now.

  

— U.S. drops case against MIT professor accused of ties to China: The Justice Department dropped its case today against a Massachusetts Institute of Technology professor charged last year with concealing research ties to the Chinese government , saying it could “no longer meet its burden of proof at trial.” The department revealed its decision in the case against Gang Chen in a single-page filing in federal court in Boston.

— SEC blocks Anthony Scaramucci’s Bitcoin fund: The Securities and Exchange Commission rejected Anthony Scaramucci’s proposal to launch a Bitcoin-based investment fund, saying it would be too risky for investors. The proposal by Scaramucci — a financier best known for his 10 days as former President Donald Trump’s communications director in 2017 — would have let investors on the New York Stock Exchange buy shares in a fund backed by the Bitcoin digital currency. It’s just one of several exchange-traded funds being pitched as a way to let individuals speculate on the price of Bitcoin without having to buy it directly.

 

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AROUND THE WORLD

President Joe Biden meets with members of his Infrastructure Implementation Task Force.

President Joe Biden meets with members of his Infrastructure Implementation Task Force. | Chip Somodevilla/Getty Images

BIDEN CLARIFIES ‘INCURSION’ REMARK — Biden personally sought to clarify his remarks about a potential “minor incursion” by Russian forces into Ukraine , which top Ukrainian government officials condemned as needlessly provocative amid a broader White House effort to clean up the president’s statements.

Speaking ahead of a White House infrastructure meeting, Biden said he has been “absolutely clear” with Russian President Vladimir Putin and that his Kremlin counterpart “has no misunderstanding: Any — any — assembled Russian units move across the Ukrainian border, that is an invasion.”

Such an invasion would be met with a “severe and coordinated economic response” by the United States and its European allies, which has already been “laid out very clearly” for Putin, Biden said.

“Let there be no doubt at all,” Biden added. “If Putin makes this choice, Russia will pay a heavy price.”

Biden’s latest remarks today represented a slight revision of his comments at a White House news conference Wednesday, during which he predicted Putin’s forces will “move in” on Ukraine and outlined his thinking surrounding potential responses to such aggression.

 

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president’s ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

  

NIGHTLY NUMBER

About 10 days

The amount of time between now and when the intelligence community’s expert panel on Havana Syndrome is expected to wrap up its work, according to Sen. Mark Warner (D-Va.). Top senators are downplaying and criticizing a new interim CIA assessment on the mysterious illness known as Havana Syndrome, the latest salvo in a years-long battle for transparency between Capitol Hill and the intelligence agencies.

PARTING WORDS

‘PLEASE DADDY, NO MORE ZOOM SCHOOL’ — The Omicron surge is depleting California teachers and keeping students home in unprecedented numbers, but political leaders aren’t yet willing to broach the alternative: distance learning.

Gov. Gavin Newsom and Democratic leaders who allowed school shutdowns early in the pandemic are holding firm on keeping classrooms open, Alexander Nieves writes. They’ve had support from the California Teachers Association despite some educators on the ground saying that working conditions are untenable due to staff shortages. And school districts are going to extreme lengths to keep students in classrooms, pulling retired teachers off the sidelines and recruiting office staff — at times even superintendents — to teach lessons.

It’s a dramatic turn for a state that once had the nation’s longest pandemic closures.

“I’m very, very sensitive to this, the learning opportunities that are lost because kids are not safely in school, the challenges of going online,” Newsom said when asked this month about distance learning. “My son, we had fits and starts, he’s in and out of school, said, ‘Please, Daddy, no more Zoom school.’”

The Sacramento City Unified School District released a statement Friday calling on local residents to “Sub-in and be a hero” by getting an emergency substitute teacher credential. Palo Alto schools have turned to parent volunteers for food service, office assistance and other on-campus jobs.

 

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Saturday, January 8, 2022

RSN: Bernie Sanders | The Attack on Our Democracy Goes Far Deeper Than the Violence of January 6th

 

 

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07 January 22

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'Our democracy is under severe attack,' writes Sen. Bernie Sanders. (photo: Getty)
RSN: Bernie Sanders | The Attack on Our Democracy Goes Far Deeper Than the Violence of January 6th
Bernie Sanders, Reader Supported News
Sanders writes: "Our democracy is under severe attack."

One year ago today, a violent mob stormed the United States Capitol with the hope of overturning the results of the presidential election. The images Americans saw that day made visibly clear what many of us have realized for a long time:

Our democracy is under severe attack.

But the truth is that the attack on our democracy goes far deeper than the violence of January 6, 2021.

Our democracy is under attack from Republicans in Congress and in state legislatures across the country who are doing everything in their power to suppress the vote and make it harder for people of color and young people to vote. These political cowards are also engaging in extreme gerrymandering and are drawing the lines of their districts so they pick their voters instead of voters picking their representatives. They are intent on establishing permanent majorities.

Our democracy is under attack when many Republicans, at all levels of government, promote the Big Lie that the presidential election was stolen and increasingly call into question the results of any election they lose.

Our democracy is under attack when election officials are being harassed and threatened and when efforts are being made to allow partisan legislatures to determine election winners and losers.

But let’s be clear. It is not just the subversion of democratic norms and voting rights that is undermining our democracy.

Our democracy is also under attack because all across this country people increasingly believe democracy itself, and our government, does not work for them.

For the vast majority of Americans there is a huge disconnect between the reality of their lives and what goes on in Washington, D.C. The people see the politicians talking, talking and talking, they watch the 30 second TV ads and they hear the promises that are made — but never kept. They remember what Lincoln said about "government of the people, by the people and for the people," and they know how far removed we are from that today.

They see the very rich become much richer while politicians and the corporate media ignore the collapse of the middle class and the painful realities facing working families — low wages, dead end jobs, debt, homelessness, lack of health care or educational opportunity, declining life expectancy, substance abuse, impoverished retirement.

Democrat or Republican. Who cares? Nothing changes or, if it does, it's usually for the worse.

Millions of Americans are unable to make it on starvation wages and many of them struggle to put food on the table, but Congress is unable to raise the minimum wage to a living wage.

Over 80 million Americans are uninsured or underinsured, with millions going into bankruptcy because of unpaid medical bills, but Congress is unable to do what every other major country does — guarantee health care as a human right.

One out of four Americans are unable to afford the prescription drugs they need but Congress is unable to take on the greed of the pharmaceutical industry which charges us, by far, the highest prices in the world.

Almost 43 million Americans are struggling with student debt but Congress, busy giving tax breaks to the rich and well-connected, is unable to forgive that burden which is crushing the dreams of so many.

In homes across this country seniors are being forced to live out their later years without teeth in their mouths or the ability to see or hear properly, but Congress is unable to expand Medicare to cover dental, hearing and vision.

And, while climate change ravages our country and the world, Congress is unable to confront the fossil fuel industry, cut carbon emissions and leave future generations a planet that will be healthy and habitable.

So it is no great surprise that people look at the process that produces these outcomes and say, “Nope. Not for me. I don’t know what these guys are doing but it's not relevant to my life.”

So yes, Congress must hold responsible those who engaged in insurrection at the Capitol and make sure there is never again any doubt about the peaceful transition of power in this country.

Yes, Congress must take action immediately to end voter suppression and make it easier for people in every state in this country to participate in the political process.

But, if we are really going to save democracy and make it relevant to people's lives, Congress must boldly address the long-neglected crises facing the working people of this country. In other words, dare I say, Congress must represent the needs of ordinary Americans and not just wealthy campaign contributors.

The choice before us is whether we move into oligarchy, where our economic and political life is dominated by a handful of billionaires, or whether we create a vibrant democracy where the voices of the people are heard, and where their needs are addressed.

As we enter the new year I look forward to working with you to create a country in which our children and parents are not living in poverty, in which young people can afford to go to college and in which working families have the health care and prescription drugs they need. I will fight for policies which will save the planet for future generations. Will we succeed? I can’t guarantee you that.

But I can tell you there is no chance unless we are in this together.

Not me. Us.

So I am asking:

Please add your name to say you are with me in the fight to convince Congress to ACT to save our democracy: to reform our voting rights laws AND to combat oligarchy by addressing the very real needs of the working class of this country.

The struggle to create a nation and world of economic and social justice and environmental sanity is not an easy one. The struggle to try and create a more peaceful world will be extremely difficult. But this I know: despair is not an option if we care about our kids and grandchildren. Giving up is not an option if we want to prevent irreparable harm to our planet.

We must stand up and fight back. We must continue our commitment to a political revolution which engages millions of Americans from all walks of life in the struggle for real change.

This country belongs to all of us, not just the billionaire class. And that is what our work is about.

In solidarity,

Bernie Sanders


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Vaccine Mandate Regulations Are Under the Supreme Court's MicroscopeThe Supreme Court hears arguments Friday in two cases challenging the Biden administration's vaccine mandates. (photo: J. Scott Applewhite/AP)


Nina Totenberg | Vaccine Mandate Regulations Are Under the Supreme Court's Microscope
Nina Totenberg, NPR
Totenberg writes: "Another supreme battle at the U.S. Supreme Court Friday: In a special session, the justices are hearing expedited arguments in cases challenging two major Biden administration regulations aimed at increasing the number of vaccinated workers."

Another supreme battle at the U.S. Supreme Court Friday: In a special session, the justices are hearing expedited arguments in cases challenging two major Biden administration regulations aimed at increasing the number of vaccinated workers.

The cases are in a preliminary posture, but how the court rules will very likely signal how these issues are ultimately resolved.

On one side is the Biden administration, seeking to accelerate vaccinations with mandates for healthcare workers and mandate-or-test requirements for much of the private sector workforce, even as another surge in COVID-19 cases plays out across the country.

All of this will play out in front of a Supreme Court with all the justices vaccinated and boosted, sitting in a near empty chamber, with an audience limited to reporters, counsel and court staff, and in a building that is closed to the public to protect those who work there.

At the heart of Friday's argument are two new federal regulations issued to deal with the pandemic. One, issued by the Occupational Safety and Health Administration applies to all companies that employ 100 or more workers. That's nearly two-thirds of the private sector workforce. It requires that all workers be vaccinated or tested weekly, and that the unvaccinated wear masks. The only exceptions are employees who work at home or outside. The rule is being challenged by a coalition of large and small business groups, 27 states, and individuals.

Among them is Brandon Trosclair, owner of 15 grocery stores in Louisiana.

"The problem here is the mandate itself," he said in a video prepared by the conservative Liberty Justice Center, which represents him. "It puts a wedge between me and my staff, having to make them decide whether or not they want to get vaccinated, or I can potentially have to terminate them. The other option is multiple testing," which costs money, in contrast to the vaccine, which is free.

The second regulation under scrutiny, issued by the Centers for Medicare and Medicaid Services, mandates vaccinations for all employees at hospitals, nursing homes, and other health care providers that receive federal funds. The only exceptions are for medical or religious reasons.

Those challenging the CMS rule contend that millions of healthcare workers will leave their jobs, rather than comply with the mandate. But the Biden administration points to studies showing that less than 1% of healthcare workers have left their jobs as the result of vaccine mandates. For instance, when the Houston Methodist Hospital system imposed a vaccine mandate, only 153 workers out of more than 61,000 resigned rather than comply.

Of the two rules before the Supreme Court , the mandate for healthcare providers is generally considered easier to defend because the courts have long held that when the federal government funds a programlike Medicare or Medicaidit has the authority to put conditions on how the money is used, to ensure that it is used wisely, efficiently, and that it is not being used to expose patients to greater risks.

"We're paying for people to get dialysis treatment, [and] we don't want the consequence of our funding their dialysis treatment to be they get COVID," says Case Western Reserve professor Jonathan Adler in summarizing the government's position.

The OSHA regulation is different from the CMS rule because it was enacted, not under Congress' spending power, but under Congress' power to regulate interstate commerce, a target of many current court conservatives. But the OSHA rule was enacted under a very broad statute which allows the agency to issue emergency rules when it deems them "necessary" to protect workers from a "grave danger." What's more, OSHA has previously applied its rule-making to diseases, including HIV and hepatitis, and required employers to pay for the hepatitis-B vaccine for at-risk workers. That said, it has never enacted a vaccine-or-test rule like this one.

Among the challengers are more than half the states, almost all Republican-dominated, including a dozen that have made vaccination mandates illegal. They argue that the law exceeds what Congress intended in enacting the OSHA statute, and they go further, contending that if Congress did intend to give such broad rulemaking power to the agency, it would be unconstitutional. They argue that because of "the vast economic and political significance" of this rule, congress, would have to expressly authorize a vaccine-or-test mandate.

The Biden administration counters that under the Occupational Safety and Health statute, it was obligated to act. After all COVID-19 has already killed more than 800,000 people in the United States and sickened 50 million more, many with lasting effects.

"I think this is a case that's a test of how truly radical or conservative this court is or is not," says Harvard Law professor Richard Lazarus. "The question is whether the Supreme Court is going to try to totally upend the ability of our national government to safeguard the nation's health and safety amidst a global pandemic sweeping the country."

Professor Adler, however, thinks these cases that could be decided on narrow statutory grounds, based on what the statutes say and the agencies' justifications for their actions. But he adds, "If we hear a lot of questions about the scope of the government's constitutional power, that would suggest the justices view this case as a wedge into a broader questions about the federal administrative state."


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