The State of Federal Health Agencies Is Uncertain
The Host
Can the Trump administration refuse to spend money appropriated through Congress by firing federal workers and canceling existing contracts? And if the courts say it cannot, will the administration obey those directives? That key confrontation crept closer this week as the Supreme Court weighed in, suggesting the federal government could not refuse to pay for services already provided.
Meanwhile, the measles outbreak that started in Texas continues to expand, while the secretary of Health and Human Services, Robert F. Kennedy Jr., a longtime anti-vaccine activist, offers a less-than-full-throated endorsement of the vaccine that has long checked the spread of measles in the U.S.
This weekās panelists are Julie Rovner of Ńī¹óåś“«Ć½Ņīl Health News, Stephanie Armour of Ńī¹óåś“«Ć½Ņīl Health News, Joanne Kenen of the Johns Hopkins University School of Public Health and Politico Magazine, and Lauren Weber of The Washington Post.
Also this week, Rovner interviews Sandy West, who reported and wrote the latest Ńī¹óåś“«Ć½Ņīl Health Newsā āBill of the Monthā feature, about a runner hit by a car ā and then by a very expensive ambulance bill.
Panelists
Among the takeaways from this weekās episode:
- The Supreme Court rejected the Trump administrationās attempt to continue its freeze on foreign aid. One notable lesson of the administrationās efforts to shutter the U.S. Agency for International Development is that health spending abroad not only supports foreign communities but also helps protect Americans from infectious diseases.
- Meanwhile, Jay Bhattacharya, Trumpās pick to lead the National Institutes of Health, appeared before a Senate committee this week as big changes at the agency rippled through the nation. NIH grants pump key research funding into every state, and turning off funding is expected to have significant economic ramifications. Some universities are pausing or revoking graduate student acceptances, potentially shutting down research avenues and a key source of future educators.
- As expected, the Trump administration said it would no longer pursue a legal effort to block Idahoās abortion ban for its lack of compliance with the federal Emergency Medical Treatment and Active Labor Act, known as EMTALA. But the state ban remains on hold because the stateās largest hospital system has stepped in to replace the federal government in challenging it.
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Plus, for āextra creditā the panelists suggest health policy stories they read this week that they think you should read, too:
Julie Rovner: Ńī¹óåś“«Ć½Ņīl Health Newsā ā,ā by Kylie Mohr.
Joanne Kenen: ProPublicaās ā,ā by Molly Parker and Beth Hundsdorfer, Capitol News Illinois.
Stephanie Armour: The New York Timesā ā,ā by Brian M. Rosenthal, Mark Hansen, and Jeremy White.
Lauren Weber: The Washington Postās ā,ā by Fenit Nirappil and Elana Gordon.
Also mentioned in this weekās podcast:
- Fox Newsā ā,ā by Robert F. Kennedy Jr.
- CBS Newsā āā by Graham Kates and Dan Ruetenik.
- The Atlanticās ā,ā by Katherine J. Wu.
click to open the transcript Transcript: The State of Federal Health Agencies Is Uncertain
[Editorās note: This transcript was generated using both transcription software and a humanās light touch. It has been edited for style and clarity.]
Julie Rovner: Hello and welcome back to āWhat the Health?ā Iām Julie Rovner, chief Washington correspondent for Ńī¹óåś“«Ć½Ņīl Health News, and Iām joined by some of the best and smartest health reporters in Washington. Weāre taping this week on Thursday, March 6, at 10 a.m. As always, news happens fast and things mightāve changed by the time you hear this. So, here we go.
Today we are joined via videoconference by Lauren Weber of The Washington Post.
Lauren Weber: Hello, hello.
Rovner: Joanne Kenen of the Johns Hopkins Bloomberg School of Public Health and Politico Magazine.
Joanne Kenen: Hey, everybody.
Rovner: And my Ńī¹óåś“«Ć½Ņīl Health News colleague Stephanie Armour.
Stephanie Armour: Hi. Happy to be here.
Rovner: Later in this episode, weāll have my interview with Sandy West, who reported and wrote the latest Ńī¹óåś“«Ć½Ņīl Health News āBill of the Month,ā about a runner who got hit by a car and his very expensive ambulance ride. But first, this weekās news.
Weāre going to start with the continuing drama over the Trump administrationās cuts to contracts and personnel across the government. Now, the Supreme Court has weighed in, sort of. As weāve discussed, a federal judge ordered the administration to unfreeze some $2 billion in payments owed by the U.S. Agency for International Development to contractors for work that had already been done. And then when the administration didnāt make the payments, the judge gave them a deadline, which, instead of meeting, the administration appealed to the Supreme Court.
Well, on Wednesday, in a 5-4 decision led by the chief justice, Justice Amy Coney Barrett, and the three liberals, the court said the original judge was within his rights to impose the deadline and basically sent the case back to him to order that the bills be paid. Now, this isnāt the cleanest case of the court saying, Yo, administration, you have no right to withhold money appropriated by Congress, but it suggests that maybe thatās the way itās leaning when it gets a cleaner case.
Armour: Yeah, I mean, to me what I found rather unexpected was the strength of the dissenting opinion and that many justices dissented. Some of the individuals I spoke with were saying they found that quite disconcerting.
Rovner: Yes. That [Justices Samuel] Alito and [Clarence] Thomas and ā right ā and [Neil] Gorsuch and [Brett] Kavanaugh all said, Uh, maybe the administration does have the authority to withhold money appropriated by Congress.
Armour: Exactly.
Kenen: But thereās also a difference between this and the several dozen other pending cases, because this is things theyāve already bought. This isnāt just Congress saying you can or should or must go ahead and do the following programs. This is, like, stuff thatās sitting in warehouses or services that have already been provided. So theyāre not paying bills for things they have purchased, which is different than, do they have the right to ignore congressional appropriations in the future or entitlements in the future? So in some ways itās sort of surprising that you even have four of them saying, No, you donāt have to pay your bills. I donāt think it really necessarily tells us that much about what happens next.
Rovner: Yeah, and I think thereās plenty to happen next. Well, in the meantime, weāve learned a lot more about what USAID has not been paying for, including U.S. companies that make special pastes fed to literally starving children in Africa and elsewhere in the undeveloped world, programs to prevent polio and malaria, to ensure clean drinking water, and much more. And thanks to a USAID whistleblower who was summarily placed on administrative leave, as they say, after writing a detailed memo, we know that even though there were supposed to be waivers for humanitarian aid, that aid has basically ground to a halt. Itās not just a matter of soft power here doing good things for people and hopefully who will like us later. Some of these things that are not happening are disease prevention, of diseases that could come to the United States. Right?
Weber: I mean, I think itās important. Weāve learned that a lot of these ready-to-eat foods, a lot of these key nutritional shipments that would be sent out, have been paused, which doesnāt only just affect the children primarily in Africa, from what I have read, that would be receiving them. And for anyone ā Iāve been to Madagascar. Iāve seen the use of these in person. Itās devastating to see starving children, and to know that there could be food that could help them thatās just sitting in warehouses in the United States has got to be infuriating for those that want to execute on these contracts. But on top of that, itās also all the businesses in the U.S. that pay for that.
You know, there was a great that talked about PlumpyāNutās companyās efforts ā which by the way, every package says This is made for you in America on it ā which said that, look, they havenāt been paid. They also contract out. They have a lot of small businesses they employ that now theyāve had to pause or deal with their contracts on. So, I mean, this is going to have a ripple effect, not only just for the people that are helped abroad by some of these lifesaving measures but also for the economics at home of those that support these companies that support industries like this. And that, too, could have impacts politically.
Kenen: Itās a cliche, but infectious disease doesnāt recognize borders. Diseases that we have eradicated, or in the case of measles thought we eradicated, they get imported, and we had a polio case two summers ago in New York. Luckily it didnāt spread. That was probably from overseas. Clearly weāre having a measles problem, and these little sporadic measles problems as big as the current Texas one have often been from a traveler, either someone from overseas visiting the United States or someone from the United States being overseas. HIV could mutate in ways that our current drugs might not work so well against them, if it becomes rampant again in Africa. Every single disease that we are trying to eradicate or control in Africa holds potential threat to people elsewhere in the world, including us.
Rovner: I know one of the big concerns, itās been tuberculosis, which is, again, contagious, mostly not here in the United States, although we do have a TB problem. But some, I remember ā God, it must be 20 years now ā there was a guy who got on an airplane with multidrug-resistant tuberculosis and it caused all manner of, sort of, hysteria. I mean, that, the idea of allowing, sort of, of not treating some of these diseases and then people get on airplanes and they go places and theyāre contagious and you have a much bigger problem than you wouldāve had just by doing what things that USAID has been doing now for a couple of generations.
Armour: Well, the other thing I found somewhat disconcerting is how many examples there have been of things that were terminated and then brought back, like what Lauren was talking about with the paste for the malnourished children. That was an example where it was like, Oops, we do need this. Or as Elon Musk even brought up, the Ebola prevention efforts, although from what I understand, he said it was brought back, but I understand a lot of it still is on pause. So thereās been a little bit that seems sort of slapdash in the processā
Rovner: Yeah.
Armour: āthat I think has been confusing for a number of the groups that have done a lot of the operations.
Rovner: Well, adding to the confusion, the Supreme Court is obviously not the only court trying to put the brakes on the administrationās chain-sawing of federal personnel and programs. Last week, a federal judge in San Francisco said the Office of Personnel Management doesnāt have the authority to order the firings of probationary workers in any agency other than its own and ordered OPM to rescind directives aimed at several Cabinet departments and agencies. In Washington, a different federal judge ordered the reinstatement of a Democratic member of the Merit Systems Protection Board, which is the agency charged with protecting the rights of federal civil servants against, and a quote from the agencyās website, āpartisan political and other prohibited personnel practices.ā
In other words, all of this stuff is illegal. Still, the administration seems to be trying to find ways around these rulings rather than just obeying them. In the case of probationary workers, OPM added a disclaimer to its instructions to other agencies about probationary workers, that itās not directing specific actions, just strongly suggesting that maybe the agencies would want to fire them. Anybody else feel like this administration is trying to drag this out as long as it possibly can to cause the maximum chaos in the federal enterprise? Stephanie, thatās kind of what you were alluding to.
Armour: Yeah, I think the big question that is still out there is how much the administration is going to abide by the courts. I mean, thereās been a lot of, if you keep your eye on X and some of the stuff that Elon Musk has been posting, is that these judges should be impeached, or why should we follow a judge, just one judge, which gets to the Supreme Court. But I still, with bated breath on tenterhooks, am waiting to see how this is going to play out, frankly.
Rovner: Yeah. I mean, another example, apparently on Tuesday, the General Services Administration published a list of surplus federal buildings that included things like the Hubert H. Humphrey Building that houses HHS [the Department of Health and Human Services] and the Justice Department building and the FBI building and most of the Federal Triangle building that were for sale because they were not, quote-unquote, necessary to the ācoreā functions of the federal government. On Wednesday, apparently, a lot of the big buildings were taken off of that list, and apparently today the list has been disappeared entirely.
Armour: Although that HHS building is ugly. They would never get a buyer.
Rovner: Frankly, a lot of them are pretty ugly. The FBI building is not exactly aā
Armour: DOJ is beautiful. That buildingās gorgeous. Yeah.
Rovner: Thatās true. The Justice Department is beautiful, too. Actually, one of the nicer buildings in Washington is the Federal Communications Commission. Iām not sure that one was even on the list. Maybe they decided it was too nice a building. It seems like theyāre trying to sell ā I think I tweeted this ā the confusion is the point here, that there is no certainty. I mean that people have been fired and unfired, and contracts have been canceled and uncanceled, and court orders have been evaded. I mean, it looks like, from outside, this is actually the strategy.
Armour: Well, I think they even had said that, some of it, going into it, that they wanted to make it very, very unpleasant for federal workers. And I think thatās been borne out in what weāre seeing so far, that sense of chaos and uncertainty.
Kenen: Shock and awe.
Rovner: Yeah.
Armour: Yeah.
Rovner: °Õ³ó²¹³Łāsā&²Ō²ś²õ±č;
Armour: Good point. Right.
Rovner: It really is.
Kenen: Although it might just be shock and shock.
Rovner: Yeah. I think we may be past the awe at this point, because now you expect every morning to wake up and see something. Itās like theyāre going to do what today? Todayās executive order is to start the dissolution of the Education Department. So, itāsā
Kenen: But the wording of that one, if you actually read the ā is like to the extent allowable by law. So what is that one? Like, is that just completely symbolic knowing they canāt do that, or they said ālawā and theyāll define law as they see fit. But it was sort of very caveat-ish.
Rovner: But we into this, I mean, I went into this administration thinking that most executive orders were for show, and obviously, in this administration, executive orders have not been for show. Theyāve been to require people to actually obey them and obey them in sort of ridiculously short time frames.
Well, speaking of places that are in flux, letās turn to the National Institutes of Health. Stanford University policy researcher and covid contrarian Jay Bhattacharya had his Senate confirmation hearing to become head of NIH, where things remain in a gigantic state of uncertainty.
As with USAID, money thatās supposed to be going out the door is not. Credit cards have been canceled or had their limits reduced to a dollar. So workers canāt travel or order lab supplies. Many senior scientists who work from the agencyās Bethesda, Maryland, campus arenāt having their contracts renewed as is typically done. And now most workers are also being given early retirement offers. There were a lot of senators at the hearing on Wednesday who were very unhappy about some of the things that NIH is doing, including trying to limit indirect payments that come with grants to 15%. The indirect payments provided by NIH are much larger than that. Jay Bhattacharya basically seemed to duck most of the questions. Did we learn anything other than it seems likely that heās going to be approved for this post? And will there be anything left of NIH when he finally gets there?
Armour: Well, I think if you read Project 2025 ā which Iām not saying is, you know, [President Donald] Trump had disavowed knowledge of ā a lot of this is really cut and paste from that document, and if you read there, they very much were looking to eviscerate NIH. There was a lot of animosity in conservative circles in terms of NIH and [Anthony] Fauciās role with covid, and I think we are possibly going to see that kind of play out in what happens to the agency going forward.
Kenen: I think thereās something we keep forgetting. Itās both sort of sad and terrifying. We forget where we were when covid hit, as a country. We were afraid for ourselves and our relatives. We were afraid of what it was going to do to the economy. But if you look back at the polls from 2020, the country was not split. We were pretty unified. And the split came sort of roughly a year later. And then the split remains and is intensified and deep and sort of spread to everything to do with science and public health and vaccination and doctors, etc., etc. And it was Trump who was the president when it hit, and there was still, I mean, Democrats never liked Trump, but that initial public response was, We are in a crisis, and weāre in it together. And it was frittered ā more than frittered ā away. It was shredded and destroyed.
So even then, the fact that NIH would be at risk is sort of something I donāt think any of us anticipated to this extent. That this sort of crown jewel of not just America but the worldās biomedical research, theyāre basically saying: Well, we donāt want to try to cure cancer anymore. Weāre just going to eat better. And Iām not against eating better. I think we should eat better. But diseases exist. Scientific mysteries still exist. And itās also a great investment. One of the engines of our economy is scientific research. Soā
Rovner: Yeah, thatās what I was going to say. I mean, Joanne, youāre at the University of Minnesota this week. I assume that theyāre a little freaked out about the idea ā I mean, I think what DOGE [the Department of Government Efficiency] is sort of thinking that, well, NIH only exists here in the Washington area. NIH grants exist in every congressional district in every state. This could have huge economic repercussions in addition to the scientific repercussions, and I think thatās not being sort of talked about as much as it should be.
Weber: No, I was going to say, I think thatās a great point, Julie, on the economic cost of that, and I think thatās what youāre seeing in these town halls across America, and thatās why youāre seeing senators all up in arms, because, I mean, they may be up for reelection much sooner than Donald Trump. And Elon Musk is not elected. So they donāt have to feel the pain, the economic hurt that these cuts to science will have in places all across the United States. I mean, I think thereās this perception that D.C. is a swamp that only exists in D.C., but these decisions have much broader implications for the economic viability of many, many communities outside of this area of town.
Armour: Well, didnāt Trump say in the State of the Union, thereāll just be a little ā what was his ā do you remember? It was like, thereāll just be a little bit of pain for a while.
Rovner: Yeah, though I think he was talking about tariffs, but yes, Iā
Armour: Yes. All of the above.
Rovner: I think politically, the National Republican Campaign Committee told members not to hold town halls for the moment, because they were, I guess Iām surprised that they were surprised that people are upset. Weāve seen all these Republicans saying, Oh, Democrats are being bused in by George Soros. Iāve seen an awful lot of very unhappy Republicans, because these are farmers who grow some of this food that we give away through USAID. And the universities, as we mentioned last week, are not accepting graduate students. Theyāre putting a lot of acceptances on pause because they donāt know if theyāre going to have the funds. I mean, things that I think this administration didnāt appreciate that the federal government does and helps fund. Itās not just the big bureaucracy in Washington.
Kenen: But the other thing is, when I looked at the list of where the NIH cuts were likely to go, it was really rough numbers. It was three quarters blue states, one quarter red. That was a rough number. Thereās also the ā and people like Sen. [Katie] Britt from Alabama. I mean, the University of Alabama is a premier medical institution, and itās an economic engine of that state, and it does great science. They do a ton of good pediatrics there. Theyāre a really good research university and a really good health system, one of the best in the South.
Rovner: And as you point out, a really important economic engine for the rest of the state.
Kenen: Driver of economic activity and employment in the state. But we also donāt know. That NIH proposal could be really different at the end of the day. We donāt know what the scientific-money food fight looks like. We donāt know at the end of the day what political deals get cut. Maybe none. Maybe the courts will just say, You canāt do this, and the administration will listen. Maybe Elon Musk will say, Well, itās another one of our whoopsies and Iāll fix it. Not so likely, but we donāt really know how the political and public opinion plays out. Remember, the graduate students are not only the scientific workforce of the future. Theyāre also the teachers of today. If you have a kid going to school for free in a state college, their seminar and section breakout leaders, they may have a big lecture with a professor, but their twice-a-week small groups is with a grad student, and that grad student wonāt be there next year.
These have all sorts of repercussions just day to day, now and in the future. Weāre talking mostly about health and science, but of course also in the humanities and also in the non-biomedical science and physics and astro space and the stuff we donāt talk about on this podcast. The humanities and historians are not very popular nowadays, but all those other things that have helped us become the country we are are threatened.
Armour: Although the other thing I would point out, and this is where I think thereās a real disconnect between voters and the administration, is I donāt get a sense that the administration really cares in terms of the reaction. I mean, look at the cuts theyāre proposing for Veterans Affairs, which is health-related but yet not. But Iām just saying, or how the reaction to the town halls is just donāt have them. I get a sense, to some degree, theyāre almost kind of inured to this pushback. And so that is where some of that disconnect is, because we are all seeing how this plays out, and the farmers and the bankruptcies going up for farmers. But the administration seems pretty stalwart in going forward with what itās doing.
Rovner: Thatās what you were referring to when Trump said thereāll be some short-term painā
Armour: Exactly.
Rovner: āfor long-term gain.
Armour: Right. The only time Iāve really got a sense that, yes, they do care is when the stock market dove and then they kind of pulled back on the tariffs. But other than that, itās been kind of full steam ahead.
Kenen: And some of the polls show thereās still support. I mean, I donāt think a lot of this has sunk in yet to the public. Yeah, oh, well, theyāre evil and corrupt and wasteful and we donāt need this stuff, and they still believe what theyāre being told. So I donāt know that weāve seen a massive dissolution, then. And the impacts will be sporadic, right? If you have a family member whoās disabled and theyāre trying to get an appointment and get themselves, despite a disability, to a Social Security office in person, and thereās no longer a Social Security office within a couple hundred miles, that family is going to experience that. But most of America wonāt experience that, right?
Rovner: Yeah.
Kenen: The veterans, I think it, really, thatās politically explosive. When the VA health care goes sour, we see a public reaction to that, but itās going to take a while for that to filter through.
Rovner: I was going to say, though, it feels so shortsighted with the VA. They want to cut 80 ā or they say, thereās a memo, that says they want to cut 80,000 people. Many if not most of those will be in VA health care. There was a huge scandal about veterans not being able to get health care. It wasnāt that long ago, and Trump, when he was president the first time, made VA health care a huge priority, and yet now theyāre saying, Yeah, no, weāre going to take it all away. Thereās something that doesnāt make sense about a lot of this.
Armour: I mean, at one point they spoke about Medicaid in terms of, I think it was R.F. [Robert F.] Kennedy Jr., about how important and a social safety net, yet look at the cuts that are being pondered in Congress now and supported by Trump.
Rovner: Yeah. Well, speaking of RFK. Jr., it remains unclear how many HHS employees and contractors and grantees will be cut off. But the measles outbreak in Texas continues to grow. Itās up to nearly 160 cases, with one death of an unvaccinated child, and the aforementioned secretary of HHS, Robert F. Kennedy Jr., is now recommending vitamin A, which can be useful for measles in undeveloped areas where children with measles may also be malnourished, but thereās no evidence for it otherwise. And heās urging families to, quote, āunderstand their optionsā when it comes to the vaccine. Meanwhile, Kennedyās top spokesman, Assistant Secretary for Public Affairs Tom Corry, quit his job just two weeks after joining the department, reportedly over differences in how to handle the measles outbreak. Kennedy said at his confirmation hearings he would not stand in the way of people getting vaccines, but apparently heās not going to encourage it either, is he?
Armour: Well, one of the things that really surprised me was, at one point he did say that HHS was going to work on maintaining access and getting access to the vaccine, which I think was somewhat unexpected. The thing that has struck me, though, is the amount of ā and I donāt see him really addressing this ā the amount of misinformation there is about measles right now. I mean, there are individuals who believe that the child who unfortunately passed away was given the vaccine in the hospital and thatās why the child died, even though thereās no proof of that. Even RFK saying that these kind of outbreaks are normal, even though he kind of said, Yeah, HHS is going to promote the vaccine, heās also at the same time playing it down and feeding into that misinformation with the kind of stuff that you just spoke about.
Kenen: I donāt think heās really promoting the vaccine. His first big statement on the measles outbreak really downplayed it and said, Oh, you know, this happens, and we get measles still, and it didnāt talk about vaccines. A couple of days later, I think two or three days later, we saw in which he said you should talk to your doctor. He did not endorse vaccines. He did say, Weāre shipping some more to Texas. They did announce theyāre sending some CDC [Centers for Disease Control and Prevention] experts as well. But he didnāt say, Iām going to stand between you and your vaccines. He said it is your choice. Talk to a doctor. So thatās not a blockade, but it was not a wholehearted endorsement saying ā he was saying cod liver oil and vitamin A and all sorts of other things.
So we donāt know who spoke to him in strong terms between Statement A and Statement B, but somebody probably did, whether it was the White House, whether it was Sen. [Bill] Cassidy ā who knows, right? Something made him put out a more vaccine-friendly statement, but it wasnāt a, This vaccine is safe, and your child should get one if they havenāt. Thatās the best way to stop this. Thatās not what he said.
Armour: I guess what I was saying is on the 3rd, March 3, when HHS put out the call to action and saying that the measles vaccine is safe and will protect children from measles, that to me, a number of people in the MAHA [Make America Healthy Again] movement went on X to say: How can you say this? You should know better, RFK. And thatās what Iām referring to. I think that that took some of his supporters by surprise.
Kenen: But itās not anything like ā a lot of newspapers have published what Secretary [Alex] Azar said a few years ago ā who was also a Republican, also served under Trump. Someone like Kennedy doesnāt like people who had worked for the pharma industry, which Secretary Azar had done, and theyāre not going to see eye to eye. But if you look at what Secretary Azar said about vaccination, it was like a really full-blast endorsement of it, and that is not what some people thought could be the worst-case scenario with Kennedy, where he sat on them and said you canāt get them. Thatās not happening. But I donāt think heās putting them out there as one of many options along with cod liver oil.
Armour: Well, one of the things, in addition to the measles, that I think piggybacks in terms of some of the concern is, he also paused the work on the oral covid vaccine, right as it was set with 10,000 participants for this study. And I spoke to Vaxart, and theyāre in a situation where they donāt know if the whole contractās going to be canceled, if theyāre going to have to reenroll 10,000 people. And the stories that were out there that heās reconsidering the bird flu vaccine that theyāre working on, which is an mRNA base. So those are two things Iām watching really closely, I think.
Rovner: Lauren, you wanted to add something?
Weber: Oh, I was just going to say, he later gave a full interview to Marc Siegel, and in that very long interview, if you watched or read the whole transcript, he talked about the vaccine injury. So it wasnāt exactly like he was waving the flag for everybody to get vaccinated, and I think itās worth saying the measles vaccine is safe and effective despite Secretary Kennedyās history of disparaging vaccination and linking it to autism. So I mean, I think itās important to take the context of his whole statements as they continue to come out on this outbreak.
Rovner: He seems to be trying to have it all ways for all people.
Kenen: Or for one senator.
Rovner: Well, I would say Trump gets away with it. We havenāt seen anybody else get away with it. We will watch this space. And finally this weekā
Armour: I will sayā
Rovner: Oh. Go ahead.
Armour: I was going to say, one thing just to share, because I thought this was so fascinating, was I got a message yesterday from my personal physician that went out to all the patients, saying that they should feel free to come in and get their titers checked or see if you had a shot during these years you may need another. I donāt know how many people are getting things like that, but I was just, like, wow.
Rovner: Yeah, that is the standard public health response right now, which is that ā I think I may be in that group. I think I had my titers done the last time we had a measles outbreak, because if you were vaccinated between certain years, you possibly arenāt fully protected.
Finally, this week, there is abortion news. As we predicted last November, the Trump administration is pulling out of a court case challenging Idahoās abortion ban, which doctors say is so strict theyāve had to airlift pregnant women with severe complications to other states because they canāt perform abortions even in medical emergencies.
For the moment, the temporary restraining order blocking the ban remains in effect because, anticipating that the U.S. government would drop the case, it was taken up instead by the stateās largest hospital system. Weāll have to watch how this plays out. Meanwhile, I would expect that if there are any staff left at HHS, they will officially be changing the interpretation that the Emergency Medical Treatment and Active Labor Act, EMTALA, requires hospitals to get Medicare funds to perform abortions in medical emergencies, sometime very soon. I would expect to see that. Yes? Seeing shrugs around.
Well, and in abortion news from the states, a judge in Arizona has permanently enjoined the stateās 15-week ban after voters approved a constitutional amendment protecting the procedure. That also happened in Missouri. Voters approved an amendment protecting the procedure. But there, anti-abortion lawmakers are also pushing a bill that would let taxpayers avoid paying state income taxes if they give instead to anti-abortion crisis pregnancy centers. Points here for creativity. This is a new one that I have not seen this idea before.
Kenen: I didnāt realize they were already doing it up to a point. Like you could get 70% of your state taxes waived. This would make it 100% of your state taxes. So instead of paying your state, which then spends money on public health and education, roads, all the other things that states do, 100% of what wouldāve gone to your state will instead go to these crisis centers, which are basically anti-abortion centers, some of which do provide some medical and prenatal care, and some of which really donāt do anything except say: Donāt have an abortion. Hereās some diapers. Right? I mean, there is a range. As of a couple years ago, I think, some were providing enough medical services that they got a little bit of Medicaid money for a little bit of early prenatal care. They donāt do the wholeā
Rovner: And as weāve pointed out, enough of them donāt provide enough medical services that they are not covered by HIPAA [the Health Insurance Portability and Accountability Act]. So there are no medical privacy protections for patients who go to some of these places. I was sort of struck, though, by the idea of, This is something that we probably canāt get away with as a state government, so weāre going to let you, the state taxpayer, divert your state taxes to it instead. Thatās essentially what theyāre doing.
Kenen: And they advertise in ways that if you look for certain things, search about abortion, youāll get these pregnancy crisis centers. And for someone who has an unplanned pregnancy and defines it as a crisis, they might think thatās where they can go to get the information, the full choices they may want to be interested in, as opposed to going to a place that exists to fight abortion.
Rovner: Anybody else want to add anything?
Weber: I mean, I would just say that the Missouri budget is not known for being in a surplus. So itās wild that they would want to divert this amount of money from what could be potentially a massive shortfall if some of these Medicaid cuts come through, because Missouri would still be obligated to make up the difference. So itās very interesting that this could be encouraged to divert some funds from what I would imagine would be needed in the state coffers, considering teachers hadnāt gotten a pay raise for a very long time. I mean, very, very interesting fiscal choice.
Rovner: Yes, that is for sure. All right, that is the news for this week. Now we will play my āBill of the Monthā interview with Sandy West, and then we will come back and do our extra credit.
I am pleased to welcome to the podcast Sandy West, who reported and wrote the latest Ńī¹óåś“«Ć½Ņīl Health News ā.ā Sandy, thank you for joining us.
Sandy West: Thank you for inviting me.
Rovner: So, tell us about this monthās patient ā who he is, where he lives, and what happened to him.
West: Jagdish Whitten lives in San Francisco. Heās a young man. A couple of years ago ā he was 25 years old ā he was running on a side street, was preparing to cross over a more major street in his neighborhood in San Francisco. And the next thing he knew, according to him, he was doing a, quote-unquote, ālittle flipā over a car. Heād been hit by a car, and he said he rolled around on the ground for a little bit, got himself up, got to the curb, and just was a little stunned about what happened.
Rovner: So he ended up at a first hospital, but not by ambulance, right?
West: No. He said that lookers-on were obviously very concerned. Theyād seen the accident and they were wanting to call 911, and he said no. He said to me he was pretty sure he wasnāt going to die. So he knew that was expensive, and he did not want to do that. He had his friends drive him to the first hospital. It was a hospital that he had some familiarity with, and so his friends took him.
Rovner: And he got checked out and the hospital seemed to think that he was OK, but they wanted to be sure, right?
West: Yes. He said he was thoroughly checked out. His dad, Brian, said that they were very pleased with the care that he received at the first hospital, but the doctor said to him: Getting hit by a car is a trauma. Itās a really big deal. So even though weāve checked you out, our standard of care is that you need to be seen at a Level 1 trauma center, which was about six miles away. So they said: Youāre going to need to go in this ambulance. Thatās how we do these things. This is the right way to take care of you, so youāre going to go be checked out by them.
Rovner: And he went and got checked out, and they said everything at the first hospital was great and sent him home. Right?
West: Yeah. They said: Youāve had the appropriate care where thereās not much we can do. You can go home now.
Rovner: And then the bill came.
West: Correct. Brian said that when they received the first couple of bills, Jag was 25 at the time, and he was still on his fatherās insurance, and they felt like that the bills with the hospitals, they made sense to him for the care that Jag had received. But then Jag sent him a screenshot of an ambulance bill for the approximately six-mile ride that was close to $13,000.
Rovner: And it was deemed out-of-network, right?
West: Correct. On the explanation of benefits, it said that it was out-of-network and needed preapproval.
Rovner: So weāve talked at length about the federal No Surprises Act thatās supposed to stop these enormous out-of-network bills for things that you cannot control, like when they tell you you have to go by ambulance to this other hospital. Why wasnāt this covered under the No Surprises Act?
West: So when legislators were putting together the federal No Surprises Act, itās my understanding that there was some fairly intense lobbying pressure to not include ground ambulances. Part of the reason is that thereās a mixture of public and private ambulance services throughout the country. Locations can have both public and private. There are some places where they are all just public. Itās just a hodgepodge across the country, and there are different rules and regulations in every state. So having a blanket law might be difficult, although the experts say not impossible and it needs to happen.
Rovner: For exactly reasons like this.
West: Yes.
Rovner: So what eventually happened with this bill?
West: So, Brian had put in a request for the insurance company to review the claim, and ultimately the insurance company did pay their standard payout on these kinds of bills. But with a $13,000 bill, what insurance covered wasnāt going to be everything. So Brian and his family were left with a close to $3,000 bill.
Rovner: For a six-mile ambulance ride?
West: Correct. Correct. Jag tried to get to the bottom of it. Brian was trying to allow that process to play out, but he was becoming concerned. It had been a couple of months. He didnāt want it to affect Jagās credit rating, so he went ahead and paid the bill in January. When I contacted him, we were going back and forth about dates and other stuff. Brian went back and started looking through old credit card statements and discovered that he had been reimbursed the full amount that he had paid to the ambulance company. He doesnāt recall seeing a letter or an email. Neither does Jag. They had not been aware. They were delighted, of course. So they got their money refunded, which apparently is pretty rare.
Rovner: So, whatās the takeaway here?
West: So, the experts say, very clearly, even if youāre concerned about ambulance costs, if you are in a medical situation, you need to get into the ambulance. Your health is very much more important than the billing. The billing can be negotiated. Thereās usually arrangements that can be made. But you have to take care of your health first. Experts believe that it is really time for the federal government to include ground ambulance in protection. There are several states that have no-surprises bills that include ambulances, but they donāt always cover everybody. Even in the Whittensā case, California has a law that covers ground ambulance, but because their insurance coverage came through Brianās employer, it is possible that the California law would not have helped them. So itās very important for the federal government to have a law in place to try and mitigate these really scary bills that people can get for ambulance services.
Rovner: And when all else fails, you can write to us.
West: Yes.
Rovner: Sandy West, thank you so much.
West: All right, thank you.
Rovner: OK, weāre back, and itās time for our extra-credit segment. Thatās where we each recognize the story we read this week we think you should read, too. Donāt worry, if you miss it, we will put the links in our show notes on your phone or other mobile device. Joanne, why donāt you go first this week?
Kenen: This is a collaboration between the ProPublica regional reporting program and Capital News of Illinois. Itās by Molly Parker and Beth Hundsdorfer, which I may not be pronouncing right, but Iām doing my best. And the headline is, ā.ā In Illinois, if a parent says theyāre homeschooling a child, thatās it. Thereās no oversight. Not only to see whether the child is being schooled, or thereās no oversight of their health, abuse, supervision ā just basically almost zero. And the child they wrote about was begging neighbors for food because he wasnāt being fed at home. He was bruised, he was beat, and this went on for quite a long time. Neighbors were calling in, and there was finally action, and he was taken away from the parent and parentās partner immediately. But this child is one of many. Homeschooling, many states, I think all states, allow it, but this is a state, which is a liberal state, has basically close to zero oversight and therefore inability to detect harm either to their intellectual development or their physical safety.
Rovner: Yeah. Itās quite a story. Lauren.
Weber: My colleagues Fenit [Nirappil] and Elana [Gordon] had a great story out of Texas in the measles outbreak this week. Itās titled ā.ā And I thought it was a great piece because it talked to a lot of folks who chose not to get their children vaccinated and talked about how their child had gotten measles and recovered and that really only hardened their decision to not get their child vaccinated. Many of these parents were citing misinformation about how the vaccine is unsafe ā the vaccine is safe ā and various other things, and it gave a snapshot of these pockets of America where we have seen a lot of declines in vaccination rates and what can happen when something spreads like wildfire among them.
Rovner: Stephanie.
Armour: My story is in The New York Times, and itās by Brian Rosenthal, Mark Hansen, and Jeremy White. Itās called ā.ā This was a great story, not just for what it uncovered but also for the way itās laid out. Itās absolutely worth going and looking at. It has this amazing graphic that kind of shows you whatās occurring, which is: Individuals who are the sickest are supposed to be at the top of the transplant list. But what The New York Times discovered was happening is that a number of times, a number of hospitals were skipping the sickest and giving organs to individuals who were jumping the line, if you will. And it shows that both in the interviews but also in a really creative visual way, so itās really worth looking at and giving a read.
Rovner: Yeah, itās a really cool infographic.
Armour: Yeah.
Rovner: My extra credit this week is from Ńī¹óåś“«Ć½Ņīl Health News. Itās by Kylie Mohr, and itās called ā.ā Itās about a change made by the Biden administration to ensure that female federal firefighters who develop breast, cervical, and certain other cancers will be covered because of their exposure to hazardous substances on the job. Thereās a special program at the Department of Labor that provides a streamlined claims path for those with those covered conditions, but now the press release adding those female cancers to the list of things eligible for that streamlined path has been deleted from the Labor Departmentās website, and a spokesperson was unable to provide any new information. This is the kind of story that in the regular world would get a lot of attention, but thereās now obviously so much else going on that it tends to get overlooked. But for the people who fought really hard to make sure that basically people who are out fighting fires and get injured as a result get some kind of compensation, this is a big deal, and we will continue to follow it.
OK. That is this weekās show. As always, if you enjoy the podcast, you can subscribe wherever you get your podcasts. Weād appreciate it if you left us a review. That helps other people find us, too. Thanks as always to our producer and editor, Francis Ying, and our editor, Emmarie Huetteman. As always, you can email us your comments or questions. Weāre at whatthehealth@kff.org, or you can still find me at X, , and at Bluesky, . Where are you guys hanging these days? Joanne?
Kenen: Mostly at BlueSky, , or Iām posting more stories on now.
Rovner: Stephani.?
Armour: Iām on X at , and Iām on , but I donāt know my handle, so …
Rovner: Thatās OK. People can find you. Lauren.
Weber: I am now on Bluesky, so Iām on both and X, .
Rovner: Excellent. We will be back in your feed next week. Until then, be healthy.
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