First Edition: February 28, 2018

Today's early morning highlights from the major news organizations.

Kaiser Health News: Ding Dong! The Obamacare Tax Penalty Is(n’t) Dead

Rick, Patrick and Michael recently commented on Covered California’s Facebook page, urging others to ditch health insurance because: “No more fines or penalties!!! Trump took care of that!! Saved me 700 bucks this year!!!” “Trump removed the penalty for not having insurance.” “I’m pretty sure Trump abolished the illegal penalty.” They’re right — and wrong. (Bazar, 2/28)

The Wall Street Journal: Red And Blue States Move Further Apart On Health Policy

Democratic and Republican states are moving in opposite directions on health policy, leaving Americans with starkly divergent options for care depending on where they live. The Trump administration and congressional Republicans, by easing many of the Affordable Care Act’s nationwide requirements after failing last year to repeal the entire law, are effectively turning major components of health policy over to the states. The roughly half of states controlled by Republicans are therefore moving aggressively to roll back the law widely known as Obamacare, while the smaller number of Democratic states are working to bolster it. As a result, the health-care options in any given state are likely to depend on which party controls the statehouse. (Armour, 2/28)

Politico: Another Legal Cloud For Obamacare?

The latest lawsuit against Obamacare poses little immediate danger to the health care law — but it could look a lot more potent if the balance of the Supreme Court changes in the next two years. The case may look like a long shot, given that the courts have upheld the health law more than once. But proponents of Obamacare have notoriously underestimated the stream of legal challenges against the Affordable Care Act, and the staying power of the conservatives intent on scrapping the 2010 law. (Haberkorn, 2/27)

The Washington Post: Idaho Tests The Bounds Of Skirting Affordable Care Act Insurance Rules

Idaho’s rebellion began in early January with executive order No. 2018-02. The directive from Gov. C.L. “Butch” Otter told his state insurance department to allow “creative options” in health coverage, unfettered from “the overreaching, intrusive nature of Obamacare and its infringement on Idahoans’ freedoms.” Within a matter of weeks, the department decreed that insurance companies have substantial wiggle room as long as they offer at least one health plan that meets the Affordable Care Act’s rules. They can sell policies that lack maternity care and charge older residents more than permitted under the 2010 law. They can impose yearly coverage limits and block coverage of customers’ prior medical conditions. (Goldstein, 2/27)

The Hill: Health Chief Doesn't Tip Hand On Idaho ObamaCare Plan

An Idaho official says Trump administration officials did not give him an indication on whether they are going to block his state’s controversial move to get around ObamaCare rules after a meeting Saturday. Idaho insurance commissioner Dean Cameron and Gov. Butch Otter (R) met with Health and Human Services (HHS) Secretary Alex Azar to discuss the state’s plan. Democrats are pressing Azar to step in and enforce ObamaCare's rules, saying that Idaho’s move is plainly illegal. (Sullivan, 2/27)

Los Angeles Times: Democrats Considering A New Strategy To Expand Health Coverage As Frustrations Build With Obamacare

After spending most of 2017 defending the Affordable Care Act from GOP attacks, a growing number of Democrats believe the law's reliance on private insurance markets won't be enough and the party should focus instead on expanding popular government programs like Medicare and Medicaid. The emerging strategy — which is gaining traction among liberal policy experts, activists and Democratic politicians — is less sweeping than the "single-payer" government-run system that Sen. Bernie Sanders (I-Vt.) made a cornerstone of his 2016 presidential campaign. (Levey, 2/27)

The New York Times: Justice Dept. Backs High-Stakes Lawsuit Against Opioid Makers

The Justice Department is throwing its weight behind plaintiffs in a sprawling, high-stakes prescription opioids lawsuit in Ohio, Attorney General Jeff Sessions said on Tuesday. Mr. Sessions said that the Justice Department plans to file a so-called statement of interest in the lawsuit, a technique that past administrations have typically reserved for cases that directly affect the federal government’s interests, like diplomacy and national security. (Benner and Hoffman, 2/27)

The Associated Press: DOJ To Support Lawsuits Against Companies Selling Opioids

The move is part of a broader effort to more aggressively target prescription drugmakers for their role in the epidemic, Attorney General Jeff Sessions said. The Justice Department will file a statement of interest in the multidistrict lawsuit, arguing the federal government has borne substantial costs as a result of the crisis that claimed more than 64,000 lives in 2016. The Trump administration has said it is focusing intensely on fighting drug addiction, but critics say its efforts fall short of what is needed. (Gurman and Mulvihill, 2/27)

The Washington Post: Justice Dept. To Target Opioid Manufacturers, Distributors In New Push To Curb Deadly Epidemic

“We will use criminal penalties. We will use civil penalties. We will use whatever laws and tools we have to hold people accountable if they break our laws,” Sessions said at a news conference attended by several state attorneys general. (Horwitz, Zezima and Bernstein, 2/27)

The Hill: Senators Unveil Bipartisan Bill To Fight Opioid Epidemic

A bipartisan group of senators is introducing legislation Tuesday to address the opioid epidemic, framing it as a follow-up bill to the Comprehensive Addiction and Recovery Act (CARA) signed into law in 2016. Dubbed CARA 2.0, the legislation includes a host of policy changes, such as establishing a three-day initial prescribing limit on opioids for acute pain, beefing up services to promote recovery and aiming to increase the availability of treatment. (Roubein, 2/27)

Stat: New Opioid Bill Would Impose Limits On Some Prescriptions, Boost Funding

The CARA 2.0 Act, billed as the sequel to the Comprehensive Addiction and Recovery Act of late 2016, would be the most substantive action Congress has taken to address the opioid crisis since President Trump took office. The legislation’s unveiling comes as Republicans in both chambers of Congress are ramping up their legislative efforts to address the opioids crisis. The two-year budget deal Congress passed earlier this year included $6 billion in extra funding to address the crisis in 2018 and 2019, but offered only broad outlines of how the funds would be used. Now, legislators, lobbyists, and policy advocates are hurrying to identify policies that could fit into that funding framework. (Facher, 2/27)

The Hill: Lawmakers Seek Information On Curbing Opioid Addiction In Medicare

Top Republicans and Democrats on the House Ways and Means Committee are requesting information from critical stakeholders on how to prevent and treat opioid addiction in Medicare, as the panel seeks to craft bipartisan legislation to curb the opioid epidemic. Specifically, they’re asking insurers, benefit managers, providers and prescribers to submit information on how the Medicare program can help stem the opioid epidemic — noting that one in three beneficiaries in Medicare’s prescription drug program received a prescription opioid in 2016. (Roubein, 2/27)

The Associated Press: Unclaimed Bodies Pile Up As Payments Wither, Overdoses Rise

Who takes care of the unclaimed dead, the people who were homeless or estranged from family members, or who outlived all their kin, and left no assets behind? The answer is usually funeral homes that get reimbursed by state or local governments for the cost of cremation or burial. But payments are not keeping up with ever-rising expenses in some places, like Massachusetts, meaning the number of funeral homes willing to shoulder the burden is dwindling. In at least one state, West Virginia, drug overdose victims have used up nearly all the money set aside for the unclaimed dead. (Richer, 2/28)

Stat: This Scientist Is Testing A Marijuana Ingredient As A Way To Prevent Relapse.

When she started collecting brains, neuroscientist Yasmin Hurd’s peers wondered what she could possibly be thinking. Studying animals made way more sense as a way to trace how chronic drug use changes the brain, they thought — after all, how was Hurd going to parse the long-term effects from the trauma of the overdoses that killed the brain donors? (Thielking, 2/28)

Politico: Ryan Throws Cold Water On Gun Control Push

House GOP leaders downplayed the need for Congress to pass expansive new gun control measures on Tuesday, instead turning their ire on the FBI and local law enforcement for failing to prevent the Parkland, Fla. school shooting. Speaker Paul Ryan told reporters at a press conference that “we shouldn’t be banning guns for law-abiding citizens” but “focusing on making sure that citizens who shouldn’t get guns in the first place, don’t get those guns.” Ryan — who said arming teachers was a “good idea” but a local issue that Congress should not infringe upon — touted a House-passed bill to reinforce background checks under current law. (Bade, 2/27)

The Hill: Key GOP Lawmaker: 'Unlikely' Congress Lifts CDC Gun Research Limits

A key GOP lawmaker says it’s “unlikely” that a provision restricting research on gun violence gets removed in next month’s spending bill. “It's unlikely that we would remove it in this particular legislation simply because this is a $1.2 trillion bill,” Rep. Tom Cole (R-Okla.), the chairman of the House Appropriations Health Subcommittee, told reporters on Tuesday. “It shouldn't be derailed for a single thing.” (Sullivan, 2/27)

The Associated Press: Embattled Shulkin Says He's Focusing On Improving Vets Care

Seeking to put a blistering travel controversy behind him, embattled Veterans Affairs Secretary David Shulkin said Tuesday he is focused on expanding medical care for veterans, even as he hints that rebellious VA staff remaining opposed to him may soon leave the department. Speaking to reporters at an American Legion event, Shulkin said he had delivered a clear message to department employees that he was in charge and that bad behavior wouldn't be tolerated. (Yen, 2/27)

The Associated Press: Report: More Women Traveling To Illinois For Abortions

More women appear to be traveling to Illinois from out of state to have an abortion, according to Illinois Department of Public Health figures, and activists say it could be because surrounding states have tighter restrictions. A December state report says more than 4,500 women crossed into Illinois to terminate a pregnancy in 2016. That compares with just over 3,200 abortions provided to out-of-state women in the previous year. (2/27)

The Associated Press: Ohio Asks Court Not To Revisit Abortion Clinic Ruling

Ohio's health department is asking the state Supreme Court not to revisit a decision that upheld the shuttering of an abortion clinic. Justices ruled the department was within its rights when it revoked the license of Capital Care of Toledo. At the time, the clinic didn't have a required patient-transfer agreement with a local hospital. (2/28)

Reuters: Mississippi Moves Closer To Banning Abortions After 15 Weeks

Mississippi moved a step closer on Tuesday to passing the United States' most restrictive abortion law when a state Senate committee approved a bill banning most procedures after 15 weeks of gestation. The measure, House Bill 1510, now heads to the full Senate after passage by the Public Health and Welfare Committee, Lieutenant Governor Tate Reeves said in a statement. Current state law bans abortion at 20 weeks after conception. (Simpson, 2/27)

The Hill: Pence: Abortion Will End In U.S. 'In Our Time'

Vice President Pence predicted Tuesday that legal abortion would end in the U.S. "in our time." "I know in my heart of hearts this will be the generation that restores life in America," Pence said at a luncheon in Nashville, Tenn., hosted by the Susan B. Anthony List & Life Institute, an anti-abortion organization. (Hellmann, 2/27)

The Associated Press: What's In The IV Bag? Studies Show Safer Option Than Saline

New research calls into question what's in those IV bags that nearly every hospitalized patient gets. Using a different intravenous fluid instead of the usual saline greatly reduced the risk of death or kidney damage, two large studies found. The difference could mean 50,000 to 70,000 fewer deaths and 100,000 fewer cases of kidney failure each year in the U.S., researchers estimate. Some doctors are hoping the results will persuade more hospitals to switch. (Marchione, 2/27)

Stat: Patients Would Like Their Data. Will The Medical Device Industry Listen?

Despite the growing openness of medical information in electronic health records and wearable gadgets, personal medical devices are still black boxes, off-limits to patients and caregivers. The industry, slow to adapt, has grappled with concerns over security, privacy, and patient safety. A web of balkanized regulations across several health agencies has further slowed potential changes. Typically, health care laws have considered data generated inside clinical settings part of the patient’s records. But the laws are less clear on how to treat data generated from implanted devices, which are often collected by device manufacturers or contractors they hire to manage that information. (Blau, 2/28)

The Wall Street Journal: Weight Watchers Looking To Expand Beyond Dieting

Weight Watchers International Inc., coming off a turnaround plan that more than doubled profit for two-consecutive years, says it wants to be the global destination for wellness, a “partner in health and wellness.” “The world doesn’t need another diet,” Chief Executive Mindy Grossman said Tuesday during a conference call with analysts. “Today, healthy is the new skinny.” (Armental, 2/27)

NPR: Pregnancy Rate Might Predict Future Recessions, Researchers Suggest

When the economy takes a turn for the worse, birth rates go down. It's both common sense and an empirically observed phenomenon. But it's not the whole story. A team of economists, taking a closer look at the connection between fertility and recessions, found that conception rates begin to drop before the economy starts its downturn — and could even be used to predict recessions. (Domonoske, 2/27)

The Washington Post: A New Study Shows One In Four Teens Are Sexting. Relax, Experts Say, It’s Mostly Normal.

A new data study shows that the number of teenagers sending and receiving sexts is on the rise. The analysis, which was published this week in The Journal of the American Medical Association, showed that more than one in four teenagers reported that they’d received a sext, defined by the study as a sexually explicit image, video or message that is sent electronically. About 15 percent of people, slightly more than one in seven, reported sending a sext. (Rosenberg, 2/27)

The New York Times: Sneeze Into Your Elbow, Not Your Hand. Please.

When you feel a sneeze or a cough coming on, covering your mouth prevents the spread of infectious germs. You probably knew that. But the way you cover up also matters, and there are plenty of people who haven’t yet heard the consensus guidance of health officials: If no tissue is available, you should aim into your elbow, not your hand. Even if that means breaking a long-held habit. (Victor, 2/27)

The Associated Press: US Judge Blocks Weed-Killer Warning Label In California

A U.S. judge blocked California from requiring that the popular weed-killer Roundup carry a label stating that it is known to cause cancer, saying the warning is misleading because almost all regulators have concluded there is no evidence that the product's main ingredient is a carcinogen. U.S. District Judge William Shubb in Sacramento issued a preliminary injunction on Monday in a lawsuit challenging the state's decision last year to list glyphosate as a chemical known to cause cancer. (2/27)

The Washington Post: Drug Rehab ‘Mogul’ Convicted Of Sexually Assaulting 7 Female Patients At Treatment Centers

Christopher Bathum built an empire in California’s lucrative addiction treatment industry despite the fact that he held no license in drug counseling and no college degree. The self-described “Rehab Mogul” founded what was once known as Community Recovery Los Angeles, a chain of about 20 facilities in Southern California and Colorado for patients battling alcoholism and drug addiction. At some of Bathum’s luxurious sober-living houses, patients had access to private chefs, a pool, yoga, excursions and a wide array of therapy options. (Schmidt, 2/27)

The Washington Post: 11 People Sickened After Hazmat Incident At Fort Myer In Arlington

Eleven people, including some Marines, “started to feel ill” after an envelope containing an unknown substance was opened Tuesday at Joint Base Myer-Henderson Hall in Arlington, authorities said. At around 5:55 p.m., the Arlington Fire Department tweeted that 11 people were sickened after a letter was opened in an administrative building at Fort Myer. (Moyer, 2/27)

Los Angeles Times: Newport-Based App Offers Patients A Faster Way To See Medical Specialists

A Newport Beach entrepreneur has created a mobile app that expands the idea of concierge doctors to include specialists. Concierge Key Health, which launched this month in Orange County, Phoenix and New York City, connects patients who pay $3,000 for an individual annual membership or $5,000 for an annual family plan to expedited appointments with doctors in fields such as cardiology, dermatology, pediatrics, reproductive health, ophthalmology and dentistry. (Davis, 2/27)

This is part of the KHN Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription