Questions From High Court Suggest Concerns About ‘Pay-For-Delay’ Deals


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English: The United States Supreme Court, the ...

English: The United States Supreme Court, the highest court in the United States, in 2010. Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G. Breyer, Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan. Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg. (Photo credit: Wikipedia)

Topics: Supreme Court, Marketplace

Mar 26, 2013

The Supreme Court heard arguments yesterday in a case which pits brand name and generic drug manufacturers against the Federal Trade Commission.

Reuters: Supreme Court Justices Signal Uncertainty On Drug Settlements
Supreme Court justices on Monday signaled uncertainty over how they would rule on whether brand-name drug companies can settle patent litigation with generic rivals by making deals to keep cheaper products off the market. Eight justices, lacking the recused Justice Samuel Alito, asked questions that indicated concerns about such deals, but several seemed unsure how courts should approach the matter (Hurley, 3/25).

MedPage Today: SCOTUS Questions FTC Stance on ‘Pay-for-Delay
Several Supreme Court justices had hard questions about the Federal Trade Commission’s (FTC) stance against “pay-for-delay” drug patent settlements during arguments before the court on Monday (Pittman, 3/25).

In other courtroom action –

The New York Times: Salesmen In The Surgical Suite
It is not the first time patients have claimed they were harmed by Intuitive’s robotic surgical equipment, called the da Vinci Surgical System. But the Taylor case, set for trial in April, is unusual. Internal company e-mails, provided to The New York Times by lawyers for the Taylor estate, offer a glimpse into the aggressive tactics used to market high-tech medical devices and raise questions about the quality of training provided to doctors before they use new equipment on patients. Intuitive, based in Sunnyvale, Calif., declined to comment on the lawsuit but said studies showed that its robotic equipment results in better outcomes than conventional open surgery (Rabin, 3/25).

Supreme Court To Hear Case About ‘Pay To Delay’ Deals Between Generic And Branded Drug Makers


U.S. Supreme Court building.

U.S. Supreme Court building. (Photo credit: Wikipedia)

Topics: Supreme Court, Marketplace

Mar 25, 2013

Generic and the brand-name drug companies — usually fierce competitors — will be on the same side as they argue their case against the federal government. At issue is whether brand name drug manufacturers may pay generics to keep generic competitors off the market.

The New York Times: Justices To Look At Deals By Generic And Branded Drug Makers
Just about anyone who has gone to a pharmacy and paid for a prescription knows that a generic copy costs much less than the brand-name drug. The makers of those two versions of a drug, therefore, usually compete fiercely for market share and profits. But at the Supreme Court on Monday, the generic and the brand-name drug companies will be on the same side, arguing against the federal government in the legal equivalent of a heavyweight title bout (Wyatt, 3/24).

NPR: Supreme Court Hears ‘Pay To Delay’ Pharmaceutical Case
The U.S. Supreme Court hears arguments on Monday in a case worth billions of dollars to pharmaceutical companies and American consumers. The issue is whether brand name drug manufacturers may pay generic drug manufacturers to keep generics off the market. These payments — a form of settlement in patent litigation — began to blossom about a decade ago when the courts, for the first time, appeared to bless them (Totenberg, 3/25).

The Associated Press/Washington Post: High Court Weights Drug Companies‘ Payments To Delay Release Of Cheaper Generic Drugs
The Obama administration, backed by consumer groups and the American Medical Association, says these so-called “pay for delay” deals profit the drug companies but harm consumers by adding 3.5 billion annually to their drug bills (3/25).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Research Roundup: Readmission Risks After Surgery; Assessing Medicaid Applicants’ Eligibility; Satisfaction Among Health Plan Types


The National Health Service Norfolk and Norwic...

The National Health Service Norfolk and Norwich University Hospital in the UK, showing the utilitarian architecture of many modern hospitals. (Photo credit: Wikipedia)

Topics: Aging, Delivery of Care, Health Costs, Hospitals, Supreme Court, Medicaid, Public Health, Quality, Health Reform, Insurance

Aug 31, 2012

Each week KHN reporter Ankita Rao compiles a selection of recently released health policy studies and briefs.

Journal Of the American College Of Surgeons:  General Surgeons Identify Postoperative Complications Posing Strongest Readmission Risks — Researchers found that about 11 percent of patients in a study of 1,442 individuals who underwent general surgery were readmitted to the hospital within 30 days. Readmissions have become one way that the quality of care is being measured: 19.5 percent of all Medicare beneficiaries between 2003 and 2004 were readmitted within 30 days, leading to a cost of $17.4 billion. The report found several reasons for a patient’s return to the hospital, most commonly gastrointestinal problems, surgical infection and the failure to thrive or malnutrition. The results also varied depending on the procedure. The researchers urge hospital officials to hold down readmissions by taking “appropriate steps to minimize postoperative complications” (Kassin, et al, Sept. /2012).

Government Accountability Office: Information Obtained By States About Applicants’ Assets Varies And May Be Insufficient — The Government Accountability Office last year surveyed state and federal Medicaid officials to determine whether states were following the requirements for determining the Medicaid eligibility for long-term care benefits to make sure individuals do not artificially impoverish themselves for eligibility or hide assets. The federal-state program for low-income individuals pays about half of the yearly $263 billion in long-term care costs. The agency found that states varied in their approach and success. Researchers also said that all 50 states and the District of Columbia obtained at least some asset information, but none implemented an electronic Asset Verification System (AVS) that would allow them to contact multiple financial institutions to verify applicants’ information (Yocom, et al,  July/2012).

Employee Benefit Research Institute: Satisfaction With Health Coverage And Care: Findings From The 2011 EBRI/MGA Consumer Engagement In Health Care Survey — Researchers conducted a survey each year since 2005 of employees enrolled in one of three different types of health care plans: a consumer-driven health plan (those that have deductibles of at least $1,000 for an individual or $2,000 for a family and some type of health savings account to help pay for their medical expenses), a high-deductible health plan (which features the same types of deductibles but doesn’t have the health savings account) and traditional coverage. They found that survey participants in traditional plans and the consumer driven plans rated the quality of their care similarly in 2011, but ratings for high-deductible plans were lower. There was a significant difference in satisfaction with the health plan, with 57 percent of traditional plan enrollees extremely or very satisfied with their overall health plan in 2011, as compared to 37 percent of those with the high deductible plans and 46 percent of those in consumer-driven plans. The report said out-of-pocket costs played a larger role in consumer satisfaction than the quality of care or access to care (Fronstin, 8/2012).

The Kaiser Family Foundation: Implementing The ACA’s Medicaid-Related Health Reform Provisions After The Supreme Court’s Decision — This issue brief examines 10 questions that states may have followiong the Supreme Court decision last June on the federal health care law. The court ruled that the law could not force states to expand their Medicaid programs. Among those questions are: “what parts of the ACA are affected by the decision, whether states can opt in and out of the Medicaid expansion over time, whether federal payments to hospitals for uncompensated care will still be reduced if a state does not expand its Medicaid program, and whether the Court decision affects the ACA’s maintenance of effort provisions” (Musumeci, 8/28). A companion brief looks at the court’s decision.

The Commonwealth Fund: Choosing the Best Plan In A Health Insurance Exchange: Actuarial Value Tells Only Part Of The Story — In 2014, up to 23 million Americans will be able to compare health insurance plans through exchanges, or health insurance marketplaces, set up by the states under the 2010 health law. In this issue brief, researchers set out to identify consumers’ out-of-pocket costs based on their plan’s actuarial value, “the percentage of health care costs that a plan would pay for a standard population.” After analyzing 20 plans, they estimated the spending, premiums and affordability by income and age. The researchers conclude that out-of-pocket expenses usually decrease when actuarial value increases, though not consistently. The benefits of each plan also depend on an enrollee’s office visits and prescriptions, among other factors. Older people will have up to three times higher health care expenses than young adults.  However, researchers said the health law will “greatly expand consumer protections” and has the ability to give consumers the necessary information to make an educated decision (Lore, et al, 8/2012).

Here is a selection of excerpts from news coverage of other recent research:

Reuters: Midwives, Nurses Can Safely Perform Abortions
Abortions are just as safe when performed by trained nurse practitioners, midwives and physician assistants as when doctors do them, a new review of the evidence suggests. Researchers analyzed five studies that compared first-trimester abortion complications and side effects based on who performed the procedures in close to 9,000 women – and typically found no differences (Pittman, 8/30).

Medpage: Too Early To Make A Call On CKD Screening
Screening for chronic kidney disease (CKD) has insufficient evidence to assess its routine use in asymptomatic patients, the U.S. Preventive Services Task Force (USPSTF) concluded after reviewing available data. Acknowledging undiagnosed early-stage CKD as a common occurrence, the task force found no evidence that routine screening for it improves outcomes. Members of the USPSTF panel also found no generally accepted tool for assessing the risk of CKD or its complications (Bankhead, 8/28).

Medscape Today: Fitness In Middle Age Lowers Risk For Future Chronic Disease
Staying fit during middle age is associated with a decreased risk of developing chronic diseases, such as diabetes, Alzheimer’s disease, and heart disease, during the next several years, a new study suggests. Benjamin L. Willis, MD, MPH, from the Cooper Institute at the University of Texas Southwestern Medical Center in Dallas, and colleagues, reported the findings in an article published online August 27 in the Archives of Internal Medicine (Hitt, 8/28).

Reuters: Hormone Therapy Use Among Women Continues To Drop
Years after a large study on hormone replacement therapy revealed health risks among older women using it to prevent chronic disease, the number of women who take hormones continues to decline, according to a new study. The researchers found that in 2009 and 2010, less than five percent of women over age 40, who had already gone through menopause, use either estrogen alone or estrogen and progestin. That compared to about 22 percent in 1999 and 2000 (Grens, 8/30).

Medscape: Well-Baby Dental Checks By Physicians Cut Hospitalizations
Children are less likely to be hospitalized for tooth decay when pediatricians are enlisted to perform dental care during well-baby visits, according to results from a study published online August 27 in the Archives of Pediatric and Adolescent Medicine. … Sally C. Stearns, PhD, professor, Department of Health Policy and Management, University of North Carolina at Chapel Hill, and colleagues show that infants with 4 or more physician-conducted oral health exams by age 3 years saw a small but statistically significant reduction in hospitalizations for dental caries by their sixth birthday (Laidman, 8/28).

Reuters: Routine Screening Catches Child Abuse In ER
Routinely screening all children seen in the ER for signs of maltreatment seems to have improved child abuse detection in the Netherlands, a new study finds. The progress suggests that such systematic screening helps catch more cases of child abuse, researchers report in the journal Pediatrics (Norton, 8/28).

This is part of Kaiser Health News’ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Judge Questions ‘Ripeness’ Of Challenge To Contraception Coverage Mandate


Topics: Women’s Health, Insurance, Politics, Health Reform

Aug 24, 2012

Meanwhile, two more Christian universities have brought lawsuits against this Obama administration policy.

Politico Pro: Judge Questions Wheaton Contraception Suit
U.S. District Court Judge Ellen Huvelle questioned Wheaton College closely Thursday as to whether its lawsuit against the administration’s contraception coverage mandate is actually “ripe” for review. Wheaton, an evangelical Christian school in Illinois, opposes offering emergency contraception on religious grounds. On Aug. 1, the college asked Huvelle for a preliminary injunction against the Obama administration’s contraception requirement under the health care law. But Huvelle, who was appointed by President Bill Clinton, said the administration’s accommodation — which is currently in a yearlong comment period — may well solve the problem (Smith, 8/23).

The Hill: Evangelical Colleges Sue Over Birth Control Mandate
Two more Christian universities have filed suit against the Obama administration over a policy meant to ease women’s access to free birth control. In their complaint, Indiana-based Grace College and Seminary and California-based Biola University argue that covering certain forms of birth control for employees without a co-pay amounts to “participating in” abortion. “The mandate imposes a substantial burden on the schools’ religious exercise and coerces them to change or violate their religious beliefs,” the document states (Viebeck, 8/23).

And Missouri presses on with a legal challenge to the Supreme Court’s health law decision —

Politico Pro: Missouri Lawsuit Keeps Mandate Fight Alive
Opponents of the Affordable Care Act are pressing forward with a legal challenge they say could be the first to test the Supreme Court’s decision earlier this summer to uphold President Barack Obama’s health care law. Filed last year by Missouri’s Republican lieutenant governor, Peter Kinder, the suit has been pending in the 8th Circuit Court of Appeals, awaiting the high court’s ruling. Earlier this month, it was updated to react to the ruling that upheld the law (Cheney, 8/24).

This is part of Kaiser Health News’ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Judge Ellen Segal Huvelle

Judge Ellen Segal Huvelle (Photo credit: Wikipedia)

Judging The Health Law


English: The Supreme Court of the United State...

English: The Supreme Court of the United States. Washington, D.C. Français : La Cour suprême des États-Unis. Washington D.C., États-Unis. ‪Norsk (bokmål)‬: Høyesterett i USA. Washington, D.C. (Photo credit: Wikipedia)

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Here’s the latest from Kaiser Health News on the Supreme Court ruling and what’s next for the health law.

Video: Your Questions Answered About The Supreme Court Ruling
KHN’s Mary Agnes Carey moderates a panel discussion with KHN’s Marilyn Werber Serafini, Politico‘s Jennifer Haberkorn and the L.A. Times‘ Noam Levey. The reporters field your questions on Thursday’s landmark Supreme Court health law decision.

States Could Cut Medicaid Rolls In 2014 As A Result Of Court Ruling
By Phil Galewitz, July 13
Some low-income adults could be thrown “into a black hole with nowhere to turn for coverage.”

States Balk At Expanding Medicaid
By Phil Galewitz, July 2
A growing number of Republican lawmakers and state Medicaid officials say they may pass up the nearly $1 trillion federal pot to expand the program. Politics is a factor, but cash-strapped states also have legitimate budget concerns.

Court Ruling Doesn’t Quell Partisan Feelings On Health Law
By Jordan Rau, July 2
A new Kaiser Family Foundation poll done immediately after Thursday’s ruling shows the public remains split on the law along party lines.

States Already Taking Radically Different Approaches To Court Ruling
Three states – Mississippi, California and Texas — illustrate the range of approaches emerging in the wake of last week’s decision.

Health Law Deadlines Under Pressure
By Julie Appleby, Mary Agnes Carey and Marilyn Werber Serafini, June 30
The Supreme Court ruling shifts the focus to states. But between 20 and 40 may be unable to set up new online insurance markets by fall 2013.

Hospitals Celebrate Decision, But Threats Remain
By Jay Hancock, June 29
The decision to let states opt out of the Medicaid expansion means hospitals serving the poor could still be stuck with unpaid care.

Video: Making Sense Of The Supreme Court Ruling
KHN’s Mary Agnes Carey, Stuart Taylor and Julie Appleby are joined by SCOTUSblog‘s Tom Goldstein and Lyle Denniston to break down Thursday’s landmark Supreme Court decision on the constitutionality of the health law.

Ruling Puts Pressure On States To Act
By Phil Galewitz and Marilyn Weber Serafini, June 28
The Supreme Court Thursday gave states the option to skip the Medicaid expansion, but the pressure of accepting millions in new federal dollars to pay for coverage for low-income people may be too great.
What Will The States Do On Medicaid?
Table: Estimated New Medicaid Enrollees

Justices Uphold Individual Mandate, Set Limits On Medicaid Expansion
By Julie Appleby and Jordan Rau, June 28
Chief Justice Roberts joins the majority holding that the requirement to carry insurance or pay a penalty is a tax and therefore falls within Congress’s taxing authority.

Stuart Taylor: ‘Most Amazing Supreme Court Theater I’ve Ever Seen’
By Stuart Taylor, June 28
KHN legal analyst Stuart Taylor talks to Jackie Judd about the source of constitutional authority that the Supreme Court found to uphold the law — and the options states will have for the Medicaid program.

After The Ruling: A Consumer’s Guide
By Mary Agnes Carey, June 28
The law contains a number of provisions that are changing the rules of health care for consumers.

Roberts Says Law’s Offer To States On Medicaid ‘Is A Gun To The Head’
The chief justice also says that the court “does not express any opinion on the wisdom of the Affordable Care Act. Under the Constitution, that judgment is re-served to the people.

Video: Political Leaders Sound Off On Health Law Decision With Speeches
Senate Majority Leader Harry Reid, House Speaker John Boehner, House Minority Leader Nancy Pelosi, GOP presidential candidate Mitt Romney and President Obama react to Thursday’s Supreme Court decision on the health law with speeches. Here are excerpts.

Obama: Health Law Decision A ‘Victory For People All Over This Country’
President Obama said the Supreme Court’s landmark decision Thursday to uphold the health care reform law was a victory for all Americans who will now be more secure because of it.

Romney: Health Law Bad Policy, No Matter SCOTUS Decision
GOP presidential candidate Mitt Romney reiterated Thursday his promise to repeal the health law if elected despite the Supreme Court’s ruling upholding the health law.

Some Small Businesses Brace For Health Law Hardships


Topics: Health Costs, Supreme Court, Insurance, Marketplace, Medicaid, Politics, Health Reform, States

Aug 02, 2012

The Wall Street Journal reports on the impact the health law could have on restaurants and retailers, while other news outlets explore reverberations of the Supreme Court decision making the expansion of Medicaid effectively optional.

The Wall Street Journal: Small Firms See Pain In Health Law
Restaurants and retailers face some of the toughest changes now that the Supreme Court has kept the overhaul in place. These industries historically are among the least likely to provide insurance to workers. Many franchisees of big chains hover around the threshold at which they will be required to start insuring workers or pay the penalty. With high turnover and a large percentage of part-time and seasonal workers, restaurant and retail operators must juggle several variables in figuring out whether they will cross the threshold (Radnofsky, 8/1).

Medscape:  Medicaid Expansion?  Expand Pay Too, Physicians Say
In the wake of last month’s Supreme Court decision on the Affordable Care Act, some governors have announced that their states will opt out of a dramatic expansion of Medicaid and the massive influx of federal dollars that comes with it.  That negative stance has provoked opposition, guarded agreement, and, more than anything, mixed feelings among leaders of affected state medical societies. Even physician supporters of Medicaid expansion acknowledge the dilemma that it poses — more people will gain coverage, but not necessarily a clinician who is willing to treat them, given the program’s notoriously stingy rates (Lowes, 8/1).

Stateline:  Health Care Ruling Casts Doubts On Billions In State-Federal Funding
In striking down the federal health care law’s mandatory Medicaid expansion, the U.S. Supreme Court’s ruling last month limited a key component of the federal government’s power over the states for the first time in decades, unsettling state-federal relations for years to come.  With the new limit in place, worries that countless other programs, regulations and mandates that impose federal requirements on states could face a similar fate are now beginning to reverberate around the country (Grovum, 8/1).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Drawing Health Policy Distinctions Between Obama, Romney


Topics: Insurance, Marketplace, Politics, Health Reform

Jul 30, 2012

The National Journal notes the two presidential candidates offer clear contrasts when it comes to their positions regarding health insurance. Meanwhile, Roll Call notes that the reported differences in opinions among the Supreme Court justices when they reviewed the health law continue to reverberate during this campaign season.

National Journal: Obama, Romney Contrasts Clear On Insurance
When the Obama campaign hits expected Republican presidential nominee Mitt Romney for being the candidate supporting the rich, they aren’t often talking about health insurance. But they could be. It is one place where a comparison between Obama and Romney’s health policies can be easily seen. And it fits right in with the narrative the Obama campaign has been weaving: Obama is for the everyman, and Romney is for the rich. The details on Romney’s plan are vague. His campaign website says he wants to “end the discrimination against the individual purchase of insurance.” Under current law, people who get their insurance through employers pay their premiums tax-free. The 30 million Americans who buy insurance on their own don’t get those same benefits (McCarthy, 7/28).

Roll Call: Health Care: The Justices Underscore A Divide
California is not exactly the epicenter of the controversy surrounding the 2010 health care law. None of the lawsuits that led to the Supreme Court’s decision last month upholding the law came from the West Coast. Unlike so many other governors, the state’s chief executive, Democrat Jerry Brown, has supported the law and plans to implement it. Other issues, particularly the economy, are dominating the political discourse there. Still, the two national parties and their allies are hoping that the tremors of the debate will be felt in several of the state’s Congressional districts, an unusually large number of which are competitive this year as a result of redistricting (Adams, 7/30).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Polling Indicates Americans Still Divided On Health Law


Topics: Politics, Health Reform

Jul 19, 2012

An NPR poll shows that a slight majority – 51 percent – favored amending rather than doing away with the health law. A Quinnipiac poll in Virginia found that 50 percent of respondents said Congress should repeal the overhaul.

NPR: A Majority Of Voters In NPR Poll Favor Amending, Not Repealing, Health Care Act
A new poll done for NPR by a bipartisan polling team shows the Affordable Care Act still stirring deep political division in the weeks after the Supreme Court upheld the law’s constitutionality. But while much of the country remains strongly opposed to the law popularly known as Obamacare, a bare majority (51 percent) favors the idea of amending rather than repealing it (Elving, 7/18).

The Associated Press/Richmond Times-Dispatch: Majority In Va. Backs Tax Boost For Big Earners, Poll Finds
A new statewide poll in Virginia shows a clear majority support President Barack Obama’s proposal to let tax breaks lapse for those earning more than $250,000 annually, but half still want his healthcare law repealed. The Quinnipiac University poll’s survey released today shows 59 percent of those surveyed would approve of higher taxes for households earning $250,000 or more if it will help reduce the nation’s budget deficit. Thirty-six percent oppose it, and 4 percent were undecided. Fifty percent said Congress should repeal the Affordable Care Act while 43 percent want to let it stand, and 6 percent were undecided. Respondents were evenly split over whether they supported the Supreme Court ruling upholding the law, but 63 percent said it wouldn’t influence them to vote for or against Obama (7/19).

Meanwhile –

The Hill: Former CMS Chief: Leaders In Washington ‘Bend The Truth And Rewrite Facts’
President Obama’s former Medicare chief blasted critics of the healthcare law for “irresponsible, cruel, baseless rhetoric” and said Washington leaders “bend the truth and rewrite facts” out of convenience. Don Berwick resigned his position as head of the Center for Medicare and Medicaid Services (CMS) in late 2011 after Republicans in the Senate refused to allow his confirmation to proceed. In a recent address to Harvard graduates, Berwick condemned Washington for “careless games” when it comes to healthcare (Viebeck, 7/18).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Scalia Renews Criticism Of Roberts’ Health Law Ruling But Denies Infighting


Topics: Supreme Court, Health Reform

Jul 29, 2012

USA Today: Scalia Disputes Talk Of Supreme Court Infighting
Supreme Court Justice Antonin Scalia is dismissing reports of infighting among court conservatives regarding the health care decision. Appearing today on Fox News Sunday, Scalia also said he did not know if Chief Justice John Roberts changed his mind about the heath care law and decided to provide the key vote to uphold it. “You’ll have to ask him,” Scalia said (Jackson, 7/29).

The Hill: Scalia: Future Cases Could Establish New ‘Limitations’ On Guns
In the wide-ranging interview, Scalia defended his view that “there’s simply no way to interpret” the individual mandate at the center of the 2010 healthcare law as a tax – the finding by Chief Justice John Roberts Jr. that prevented the law from being overturned. “You don’t interpret a penalty to be a pig. It can’t be a pig,” Scalia said of the ruling. “You cannot give the text a meaning it will not bear” (Berman, 7/29).

Politico: Scalia On Obama: ‘What Can He Do To Me?’
Supreme Court Justice Antonin Scalia on Sunday said he did not “view it as a threat” when President Barack Obama in April predicted his signature healthcare overhaul “will be upheld because it should be upheld” and that anything less would constitute “judicial activism” by the high court. Scalia conceded in an appearance on “Fox News Sunday” that Obama’s forceful comments on a pending Supreme Court case were “unusual, but as I say I don’t criticize the president publicly. And he normally doesn’t criticize me.” But when host Chris Wallace pressed, asking whether Scalia, who in June sided with a minority seeking to overturn the law, felt “any pressure as a result of that to vote a certain way,” Scalia laughed. “No. What can he do to me? Or to any of us?” the justice responded (Vogel, 7/29).

Meanwhile, in another Sunday interview show-

The Hill: Sen. Durbin Optimistic Lawmakers Can Avert Impending Sequester Cuts
Senate Majority Whip Dick Durbin (D-Ill.) said Sunday he expects lawmakers to reach a deal after the election that would fix the agreed-on sequester which will automatically cut $109 billion from defense and discretionary spending next year and over $1 trillion the next 10 years, including $500 billion from defense (Needham, 7/29).

This is part of Kaiser Health News‘ Daily Report – a summary of health policy coverage from more than 300 news organizations. The full summary of the day’s news can be found here and you can sign up for e-mail subscriptions to the Daily Report here. In addition, our staff of reporters and correspondents file original stories each day, which you can find on our home page.

Five states embracing reform


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July 12, 2012 • Reprints

Sure, health reform hasn’t been getting the best rap. Between the Republicans working to yet again repeal the Patient Protection and Affordable Care Act, and several states resisting reform, it seems the battle over the law isn’t over yet. But there’s still a handful of states that are working toward implementation, and several that were working on it even before the Supreme Court ruling.

[Read “Five states resisting reform“]

Though there’s been a number of states working on fulfilling PPACA requirements, here are five examples of states who are embracing reform>>

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