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Tag: Robert Greenwald

Trump administration says it’s ending ACA ‘sabotage,’ experts say it comes at great risk to patients

Via Healio.com  

Source: Ted Eytan,  Flickr.com

By: Janel Miller

The average premium for the second lowest cost silver health insurance plans — the one used to determine final premium tax credits — will drop by a “historical” 1.5% for the first-time since the implementation of the federally-facilitated exchange in 2014, according to CMS.

However, experts told Healio Family Medicine that the agency’s actions put profit over patients and puts the well-being of many Americans at risk.

CMS claims

The average change in premium costs may not seem like a lot but is significant when put into historical context, Seema Verma, CMS administrator, said in a conference call with reporters.

“This is a very positive change from the double-digit increases we have seen over the past 2 years,” she said, noting that some states had seen increases of 200% and higher. The change in premiums was just one of the health insurance-related accomplishments under the Trump administration she lauded during the call.

According to Verma, states will soon be able to use waivers to increase their flexibility in sustaining their insurance markets. In addition, for the first time in several years, there will be an increase in insurance providers on the federal health insurance exchange market, she said.

“While some have been accusing [the Trump administration] of sabotage, the reality is we have been doing everything we can to mitigate the damage caused by Obamacare,” Verma said.

Experts weigh in

Arthur Caplan, PhD, founding head of medical ethics at New York University School of Medicine, and Robert Greenwald, JD, faculty director, Center for Health Law and Policy Innovation at Harvard Law School said in interviews CMS should not be patting itself on the back.

“The idea that the Trump administration is trying to save patients is ludicrous,” Caplan said in an interview. “It has permitted lousy cheap coverage, cheap, almost worthless policies to be sold,”  adding that is the “real reason why” CMS can make an announcement like this one.

“Putting this pig in a dress by claiming they’re helping people doesn’t make what they’re really trying to do — make the Affordable Care Act a footnote in history — go away. They’re putting money over people,” Caplan added.

“In no way does the Trump administration deserve credit for the state of the marketplace,” Greenwald agreed. “They have done everything in their power to destabilize it.”

According to Greenwald, states and insurance companies positively balanced the Trump administration’s actions by funding outreach and navigation efforts to promote the marketplace, adopting their own individual mandates to assure that there is diversity among marketplace applicants, passing laws that banned or limited the introduction of “junk” insurance plans, introducing a reinsurance system that results in lower premiums in their marketplaces, and allocating premium rate increases into silver-level plan premiums only.

Greenwald added it is not too late for clinicians and others to make their thoughts about health insurance known.

“If the American people want to see a strong marketplace this year, and the years ahead, they need to voice their opposition to efforts to repeal the Affordable Care Act and the health insurance marketplace,” he told Healio Family Medicine.

The Hidden Health Crisis of the Opioid Epidemic

Via Health Law and Policy Clinic

Originally published by Reuters on December 7, 2017. Written by Robert Greenwald, faculty director of the Center for Health Law and Policy Innovation of Harvard Law School and Ryan Clary, executive director of the National Viral Hepatitis Roundtable.

The American epidemic of opioid abuse is finally getting the attention it warrants. While policy solutions continue to be inadequate, the decision by President Trump to declare a national opioid emergency has helped to increase discussion about the problem and how the country can solve it. But the conversation also needs to address a dangerous—and largely ignored—interconnected public health crisis wreaking havoc among young Americans.

The problem is that more Americans than ever are injecting opioids and inadvertently infecting themselves with hepatitis C. Shared needles mean shared blood-borne infections—and that’s how the opioid crisis has created a new generation of hepatitis C patients. The number of reported hepatitis C infections nearly tripled from 2010 to 2015, with the virus is spreading at an unprecedented rate among young people under 30—who are now, for the first time, the most at-risk population for contracting and transmitting hepatitis C.

In the United States, an estimated 3.5 million people, and likely more, are currently living with hepatitis C. The virus kills nearly 20,000 Americans each year—more than HIV and all other infectious diseases combined.

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Health Law and Policy Center launches campaign to enforce health care rights for people living with HIV

Via HLS News

In the face of highly restrictive and discriminatory health insurance plans within the Affordable Care Act (ACA) Marketplaces, the Center for Health Law and Policy Innovation of Harvard Law School (CHLPI) is undertaking a new advocacy campaign to enforce the health care rights guaranteed by the ACA for people living with HIV and other chronic conditions. Drawing upon CHLPI’s extensive research and new avenues for civil rights enforcement under the ACA, the campaign aims to strengthen protections in the health insurance Marketplaces and eliminate insurer practices that prevent vulnerable patients from receiving the care and treatment they need. These discriminatory practices include refusing to cover key medications and requiring high cost sharing for all medications used to address certain health conditions.

CHLPI, along with state partners in seven states, has filed formal administrative Complaints with the U.S. Department of Health and Human Services’ Office for Civil Rights (OCR). OCR is charged with enforcing the ACA’s new anti-discrimination regulations in state ACA health insurance Marketplaces. “CHLPI is using the OCR process to shine a light on discrimination occurring under the cloak of supposedly neutral insurance plan benefit design. When an insurer requires chronically ill patients to pay a disproportionate share of the cost of medication it violates federal law” says Robert Greenwald, CHLPI’s faculty director and clinical professor of law at HLS. “These are landmark complaints that will benefit everyone looking to receive equitable, comprehensive health care through the Marketplaces by helping to define anti-discrimination law at a time when insurers are covering less and less.”

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CHLPI Faculty Director to be Honored by Harvard Law School Student Government

Via Center for Health Law and Policy Innovation

Robert Greenwald, CHLPI’s Faculty Director and Professor of Law, will be honored by Harvard Law School’s Student Government in April 2016 with the newly created Teaching & Advising Award. The Award is meant to recognize both exemplary instruction and the ability of an instructor to inspire personal and intellectual development outside the classroom.

The criteria for HLS Student Government Teaching & Advising Award included:

  • Meaningful impact on the student experience at Harvard Law School;
  • Development of student learning outcomes;
  • Dedication to teaching and advising activities; and
  • Ability to inspire personal, professional, and intellectual growth.

Congratulations to Professor Greenwald on receiving this award.

In the Health Law and Policy Clinic, a slew of opportunities to sharpen legal and policy skills

By Kelly Jo Popkin, J.D. ’17

L-R: Kelly Jo

L-R: Kelly Jo Popkin, J.D. ’17; Robert Greenwald, Clinical Professor of Law; and Kevin Costello, Senior Associate Director and Litigation Manager

I became interested in the Health Law and Policy Clinic after solidifying my summer employment working with the General Counsel of Planned Parenthood Affiliates of California (PPAC). Unlike the Center for Reproductive Rights (CRR), where I worked as the organization’s U.S. Policy and Advocacy Analyst last summer, PPAC focuses on the legal issues affecting their seven clinics in California in the moment and on the ground. Though I had a firm grasp on reproductive legal and policy strategies thanks to CRR, I was forewarned by PPAC that I would need to know more about barriers to healthcare access, public health concerns, and health disparities writ large. The clinic seemed like the perfect way to learn about these issues while cultivating a useful skillset for my summertime employment.

In the first couple of weeks, I immersed myself into the world of health policy reform by taking a few projects with a tight turnaround time. Along with Lauren Kuhlik (J.D., MPH ’17), I assisted in drafting a  Supreme Court amicus brief re. Zubik v. Burwell, a follow-up to the Hobby Lobby decision. I also traveled to New York to visit a cancer center and assisted in launching their nonprofit lung cancer screening initiative for upper Manhattan. The excitement of the first few weeks has set the pace for the weeks to follow.

Working in the Health Law and Policy Clinic has given me exposure to a variety of public health topics, from HIV and hepatitis C, to specialty care access, to psychosocial determinants of health. The issues vary just as much as the policy tools used to address them. In one month’s time, I have drafted a policy roadmap for a community-based health organization, a preliminary injunction against a state Medicaid agency, a Supreme Court amicus brief, and an administrative complaint to the Office of Civil Rights. I have engaged in thorough legal analysis and research for all of my projects, using a wide swath of sources to evaluate case law, market statistics, and other indicators of health law and regulations as implemented in a post-Affordable Care Act landscape. I would highly recommend this clinic to any Harvard Law student interested in becoming well-versed in a variety of legal and policy strategies, whether or not they are considering a career in health law.

I would venture to say that I learned more in the few weeks working in the clinic than I had learned in my entire law school career thus far. My supervisors have provided constructive and crucial guidance every step of the way, and have gone out of their way to show how much our work is appreciated. For example, when Professor Robert Greenwald and Clinical Instructor Carmel Shachar learned that they couldn’t put our names on the Zubik amicus brief, they contacted Dean Martha Minow to acknowledge our hard work and praise us on a job well done.

While deeply invested in achieving impactful policy changes, the Health Law and Policy Clinic is equally invested in the cultivation of future policy advocates. Thanks to the clinic’s culture of mentorship, I feel competent and confident in my ability to produce meaningful work products this summer and for the years to come.

Harvard Law clinic files amicus brief defending employees’ access to no cost preventive health care

Via HLS News

Harvard Law School’s Center for Health Law and Policy Innovation (CHLPI) filed an amicus brief to the U.S. Supreme Court in Zubik v. Burwell, an Affordable Care Act (ACA) challenge set for argument on March 26. The brief asks the Court to affirm Court of Appeals’ decisions upholding the federal policy of maintaining access to free preventive care, including contraceptive services, in employer-sponsored health plans.

Currently, federal law allows employers to “opt-out” of financing access to no cost contraceptive services, provided the employers furnish notice to the government so that alternate financing can be arranged for their employees. The challengers in this case seek to foreclose this alternative access for their employees, which would force employees to pay out of pocket for contraceptive services.

The brief warns that if the Court grants a contraceptive services exception, “[r]eligious employers will continue to ‘edit’ the mandated package of preventive services, and chip away at other coverage of these conditions.” The Center said it has already received reports of employers using religious objections to avoid covering HIV medications on the health plans they offer employees.

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CHLPI’s SWOT Analysis of the Updated National HIV/AIDS Strategy is Published

Via Center for Health Law and Policy Innovation

Robert Greenwald, Director of the Center for Health Law and Policy Innovation and Professor of Law at Harvard Law School, has co-authored an editorial with David Holtgrave, PhD, Professor and Chair of the Department of Health, Behavior & Society at Johns Hopkins Bloomberg School of Public Health, on the updated National HIV/AIDS Strategy (NHAS) from the federal government. “A SWOT Analysis of the Updated National HIV AIDS Strategy for the U.S., 2015-2020″ has been published by the AIDS and Behavior Journal and will be available in the pubmed database shortly.

The original NHAS was created in 2010 to guide the country’s response to the epidemic through 2015. Since its creation and release, the original NHAS  has served as a useful guide to encourage better evidence-based prevention and care efforts. The updated strategy outlines recommendations and guiding practices to lead policy and care through 2020.

The editorial offers a strengths, weaknesses, opportunities and threats analysis with the aim of increasing discussion of ways to truly fulfill the promise of the updated NHAS and to address barriers that may thwart it from achieving its full potential. The authors highlight a small number of key factors under each element of the SWOT analysis, and conclude with overarching recommendations for next steps. They note that their purpose is not comprehensiveness, but rather to highlight a few factors seen as truly critical, and to hopefully spark further discussion and elaboration in the field.

Excerpts from the editorial praise that the NHAS “is clear that HIV care and treatment must be affordable, accessible, and very broadly defined to encompass the behavioral and ancillary services needed to address the social determinants of HIV…The updated strategy is clear that while we have effective treatments available, many people living with HIV are not able to access them.” The authors go on to highlight a major weakness of the strategy, saying that “it is essential for public health planning to estimate the scope of unmet needs, identify resources to meet those needs, and estimate…the public health and economic impact of such investments. These estimates are essential to develop so as to inform the federal action plan soon to be released.”

“Time is of the essence, for the epidemic marches on every hour of every day in the United States, and the human and economic consequences of the epidemic are enormous,” says Robert Greenwald. “Our hope is that this paper spurs conversation and updates to the strategy that further improve it.”

CHLPI Director Quoted in NY Times Article on Hepatitis C Medication

Via Center for Health Law and Policy Innovation

The New York Times released an article on August 25, 2015 on the call for increased access to life-saving medications for individuals with hepatitis C from health care experts and advocates. Robert Pear, the reporter behind “White House Is Pressed to Help Widen Access to Hepatitis C Drugs via Medicaid,” interviewed CHLPI director Robert Greenwald about the Center’s research on health insurance coverage of the Hepatitis C medication Solvaldi throughout the United States.

Excerpt from the article:

“Federal and state Medicaid officials should widen access to prescription drugs that could cure tens of thousands of people with hepatitis C, including medications that can cost up to $1,000 a pill, health care experts have told the White House.

The experts, from the Public Health Service and President Obama’s Advisory Council on H.I.V./AIDS, said restrictions on the drugs imposed by many states were inconsistent with sound medical practice, as reflected in treatment guidelines issued by health care professionals and the Department of Veterans Affairs…

…But Robert L. Greenwald, an expert on health law and policy at Harvard Law School, said: “These criteria defy clinical guidelines and best practices. Rather than recommending the exclusion of people who inject drugs, we should encourage earlier treatment as a way to prevent transmission of the virus.””

Read the full article

CHLPI launches a campaign to promote federal law and policy reforms for type 2 diabetes

CHLPI PATHS Beating Type 2 Diabetes Recommendations reportVia HLS News

As a direct response to the looming health epidemic, the Center for Health Law and Policy Innovation (CHLPI) officially launched a campaign to promote federal law and policy reforms for type 2 diabetes prevention and management on May 19. This effort is part of CHLPI’s broader, multi-phase Providing Access to Healthy Solutions (PATHS) initiative that first worked to strengthen local and state policy to address diet-related health conditions and more specifically improve type 2 diabetes treatment and prevention. PATHS is now focusing on federal law and policy reform.

The Federal Report, written by CHLPI staff and the clinic students, offers specific recommendations to decrease the incidence of type 2 diabetes and to promote effective management of the disease in those who have already been diagnosed. Beating Type 2 Diabetes: Recommendations for Federal Policy Reform builds off of the best-practices identified through years of work at the state and local level and the guidance of people living with and at-risk-for diabetes, health and social service professionals, food providers and producers, government officials and other stakeholders,” says Robert Greenwald, Clinical Professor of Law at Harvard Law School and Director of its Center for Health Law and Policy Innovation (CHLPI).

Continue reading the full story here.

Center For Health Law and Policy Innovation files amicus brief calling for preservation of federal subsidies under the ACA

Supreme-Court_488124681-2_istock-300x200Via HLS News

In an effort to support the provision of federal subsidies for purchasing health insurance by low-income individuals in all states, the Harvard Law School Center for Health Law and Policy Innovation spearheaded the filing of an amicus brief in the U.S. Supreme Court. The brief requests that the Court affirm a court of appeals decision upholding the nationwide provision of federal subsidies under the Affordable Care Act

The 46 non-profit organizations signing onto the brief, including AIDS United, HIV Medicine Association, and National Alliance of State and Territorial AIDS Directors, serve populations that are deeply affected by the ACA’s expansion of health insurance access, including over two dozen organizations dedicated to addressing the needs of people living with HIV and AIDS. The brief highlights the voices of individuals with the most at risk in this Supreme Court case — those who rely on the federal subsidies to access meaningful health care coverage.

“For many low and middle-income individuals and families the subsidies have made it possible for them to access private health insurance for the first time in their lives,”  said Robert Greenwald, clinical professor of law and director of the CHLPI. “This is particularly important as we work to create a health system that focuses on prevention and early intervention health care that both improves health outcomes and reduces costs.”

Read the full story here.

‘Food is Medicine:’ Health reform should support nutritional counseling, medical meals says HLS report

CaptureVia HLS News

The Center for Health Law and Policy Innovation (CHLPI) of Harvard Law School released the report “Food is Medicine: Opportunities in Public and Private Health Care for Supporting Nutritional Counseling and Medically Tailored, Home-Delivered Meals.”The report, funded in part by the M•A•C AIDS Fund, examines ways in which public and private health care programs like Medicaid, Medicare and new marketplace health insurance plans can support access to nutritional counseling and medically tailored home-delivered meals within their systems.

“We are at a unique point in time, when new health policy reforms, both within and outside of the Affordable Care Act, have opened the door for the inclusion of innovative services that both improve health outcomes and ultimately reduce health care costs,” said Robert Greenwald, Director of the Center.

“Through legal and policy analysis, our report identifies opportunities within our health care systems for integrating and reimbursing specific food and nutrition service interventions that can help move us toward reducing health disparities, promoting health, and reducing costs.”

Continue reading the full story here.

Robert Greenwald talks Strategies to Expand Medicaid with Houston Health Leaders

Robert Greenwald, Director of the Center for Health Law and Policy Innovation and Clinical Professor of Law

Robert Greenwald, Director of the Center for Health Law and Policy Innovation and Clinical Professor of Law

Via Houston Public Media

Under the new health law, all states had the option to expand Medicaid to insure more adults. California did it, and now that state has fewer uninsured people than Texas, which is now number one. Robert Greenwald is director of Harvard Law School’s Center for Health Law and Policy Innovation. He spoke to a group of Houston health leaders, suggesting they use new ways of framing the issue in the next legislative session. Greenwald says one major problem is refuting Governor Perry’s repeated claim that Medicaid is a broken system.

“It’s not that Medicaid is broken, it’s that Medicaid is expensive. And the reason it’s expensive especially in a place like Texas is that it’s limited to the most disabled, sickest, elderly population,” Greenwald said.

Greenwald says it would be different if Medicaid was offered to low-income, working adults. That population is relatively healthy and young. Getting them covered would not cost as much as the current program, and it would save money in the long run by keeping them healthy.

Continue reading the full story here.

Clinical Fellows and Students Collaborate on PATHS Report

Kristen Gurley ’15

By Kristen Gurley J.D. ‘15

The Harvard Law School Center for Health Law and Policy Innovation (CHLPI) recently released an insightful and action-oriented report on the landscape of type 2 diabetes in New Jersey. The report, entitled the 2014 New Jersey State Report: Providing Access to Healthy Solutions (PATHS)An Analysis of New Jersey’s Opportunities to Enhance Prevention and Management of Type 2 Diabetes, serves as a resource for diabetes advocates and offers detailed policy recommendations for the prevention and management of the disease.

The report was a product of CHLPI’s PATHS project, which aims to strengthen federal, state, and local efforts to improve the type 2 diabetes landscape through strategic law and policy reform initiatives. The PATHS project, funded by the Bristol-Myers Squibb Foundation through its Together on Diabetes initiative, consists of state-level analyses in New Jersey and North Carolina, as well as federal-level recommendations and state best practices. It is the first product of a five year grant process, written over the course of eighteen months under the supervision of Clinical Fellows Amy Katzen of the Health Law and Policy Clinic (HLPC) and Allison Condra of the Food Law and Policy Clinic (FLPC), the two divisions of CHLPI.

Fourteen students worked with staff to conduct extensive research and more than fifty interviews with policymakers, government agencies, and non-profit organizations that are playing a role in the state’s diabetes response. Their detailed findings highlight the extent of the type 2 diabetes epidemic in New Jersey and provide actionable recommendations for diabetes advocates.

Report co-authors Allison Condra (left) and Amy Katzen (right) with New Jersey Senate President Stephen Sweeney at the New Jersey Diabetes Leadership Forum on March 27, 2014

“A frightening fact is that New Jersey ranks third in the nation for obesity among low-income children ages two to five, predisposing them to a future diabetes diagnosis. Nearly three-quarters of a million New Jersey adults are currently living with the disease,” said Allison Condra. “Our recommendations should serve as a resource for diabetes advocates within the state who are already working to take action.”

The PATHS report first details the impact of type 2 diabetes in New Jersey, and includes a profile of the state’s demographics, economy, political structure, and existing institutional capacity to address diabetes. Following this assessment, the report identifies existing policies that impact diabetes through the state’s food system and health care system. The report provides numerous detailed recommendations, including: making fruits and vegetables affordable and accessible to people in many low-income communities; helping New Jersey children gain access to healthy foods at school; making communities conducive to healthy, active living; providing access to the Diabetes Prevention Program; ensuring access to diabetes self-management education, medical nutrition therapy, and diabetes equipment and supplies; and enhancing care coordination for Medicaid/Family Care enrollees. Amy Katzen, explained, “by ensuring that all New Jerseyans living with type 2 diabetes have the tools, skills, and knowledge to manage their disease, we can prevent many of the most severe complications, keeping New Jersey healthier, happier, and more productive.”

To promote the PATHS report findings, CHLPI clinicians and students traveled to Trenton, New Jersey, to release the report at the New Jersey Diabetes Leadership Forum, on March 27, 2014. As Taylor Bates, ‘15 noted, “Ever since I started working on it, the PATHS NJ project has impressed me again and again with its thorough research on diabetes in New Jersey and the innovative solutions it offers. This event showed me that the community understands this problem and has the power to solve it. New Jersey has a chance to apply well-researched solutions to its growing diabetes epidemic, and based on what I saw at this event we’ll see a lot of progress in the coming years.”

The report was very well received by state legislators, agency policymakers, and community leaders. New Jersey Senate President Stephen Sweeney addressed the Forum attendees, describing his personal experience with diabetes and telling the audience, “I’m in your corner.”

“New Jersey has a very high prevalence of diabetes, with approximately 700,000 people living with the disease,” said Robert Greenwald, Director of CHLPI and Clinical Professor of Law at Harvard Law School, in addressing participants of the New Jersey Diabetes Leadership Forum. “This number is expected to double by 2025, and it is essential that advocates, legislators, and government agencies come together and take action now. Our hope is that the report will support these efforts and provide a resource to those that are already doing great work to address the prevention and care management needs of people living with or at risk for diabetes in the state.”

Read the full report here.

Food is medicine

Cabbage is good for you.
Credit Ksenija Putilin / Flickr

Via: WGBH News
By: David B. Waters and Robert Greenwald, Director of the Center for Health Law & Policy Innovation

In the continuing debate about how to control soaring healthcare costs, poor nutrition and lack of access to healthy food are routinely ignored.

This is the case despite the fact that in a country as wealthy as the United States, one in three patients nationwide enters the hospital malnourished, adding a host of additional health challenges to patients’ prognoses and millions in additional health care costs.

Malnourished patients are significantly more likely than well-nourished patients to be re-hospitalized and suffer poor outcomes. Malnourished patients’ medications do not work as effectively. They often remain in the hospital longer and in many cases cannot continue critical treatments such as chemotherapy because they are not getting proper nutrition.

Simply put, there is a direct and important connection between nutrition and disease treatment and management. Food is medicine.

Continue reading the full article on WGBH News here.