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What abortion penalties could look like

Presented by PhRMA: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
May 06, 2022 View in browser
 
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By Sarah Owermohle and Krista Mahr

Presented by

PhRMA

With help from Carmen Paun 

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QUICK FIX

— Several states are primed to jail and fine abortion patients and providers, despite measured GOP messaging.

— Regulators are battling a renewed antimicrobial fight as providers overprescribe antibiotics amid the pandemic.

— The Food and Drug Administration curtailed its authorization for the Johnson & Johnson coronavirus vaccine, citing risks for certain patients.

WELCOME TO FRIDAY PULSE — A listen for your commute, even if it's to the living room: Our colleague Lauren Gardner talked with Today, Explained about the delay for youngest kids' vaccines. Send news, tips and podcast recommendations to sowermohle@politico.com and kmahr@politico.com.

 

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New data show that 35% of insured Americans spent more on out-of-pocket costs than they could afford in the past month. Read more about how insurance is leaving patients exposed to deepening inequities.

 
Driving the Day

Geneva Conrad Arrizon Pfeiffer chanting in front of the Supreme Court building while holding a photo of Ruth Bader Ginsburg.

Republican strategists are messaging that abortion restrictions won't be punitive for patients, but states' laws say otherwise. | Francis Chung/E&E News/POLITICO

THE TRIGGER LAW MAP —  Abortion bans set to take effect if Roe v. Wade is overturned could mean lengthy prison sentences for people who have an abortion, the doctors who perform them or those who help people access the procedure.

The penalties vary widely by state and can also include hefty fines or a medical license suspension, our Megan Messerly writes.

Even as national Republican leaders — many of whom have worked for decades to outlaw abortion — dismiss fears of prosecutions, state lawmakers have already enacted mandatory minimum sentences that would go into effect if Justice Samuel Alito's draft opinion is handed down.

"Republicans DO NOT want to throw doctors and women in jail," read a Tuesday messaging memo from the National Republican Senatorial Committee. "Our position should be based in compassion and reason."

And yet: In Texas, anyone who performs, induces or attempts an abortion is guilty of a first-degree felony. In Alabama, those people could face 12 months in county jail, while South Carolina could sentence people to two years in prison. Legislation in some states, like Louisiana, moves even further.

Activists, medical groups and legal experts also warn that such laws and punishments may extend beyond people who abort their pregnancies — to people who have miscarriages and stillbirths, use drugs during pregnancy, use in-vitro fertilization, use emergency contraception or have an intrauterine device implanted.

RISE IN ANTIBIOTIC USE RALLIES RESISTANCE CONCERNS — The White House push last week to ensure that doctors prescribe antiviral treatments for Covid-19 patients contained a concerning footnote: The CDC has found thatmany doctors are handing out antibiotics to those sick with the virus.

The pandemic has amplified the ongoing problem of overprescribing antibiotics, a practice that can feed into antimicrobial resistance, or AMR, our Lauren Gardner writes. The prospect of pathogens morphing over time to no longer respond to medicines threatens the practice of modern medicine, the WHO warns.

While bacterial infections can occur alongside Covid infections, antibiotics should be reserved only for outpatient cases in which it's clear they'd benefit the patient, federal guidelines say. CDC's Office of Antibiotic Stewardship works to educate both patients and providers on the cons of overusing antibiotics, and officials plan to keep monitoring the volume of antibiotics dispensed in the U.S. as Covid waves come and go.

For Covid cases, experts say prescribers need to get comfortable doling out the new antiviral pill regimens — and recognizing, as one pharmacist said, that viruses "are a bigger cause of infection than we give them credit for."

FDA LIMITS J&J VACCINE USE — The agency late Thursday restricted use of the Johnson & Johnson Covid-19 vaccine to adults unable or unwilling to get the Pfizer-BioNTech or Moderna shots, POLITICO's Katherine Ellen Foley and Lauren report.

What happened and why: FDA conducted a risk analysis about a rare but serious blood-clot adverse effect that first appeared in the early days of vaccination, particularly among women in their 20s and 30s. The FDA and the Centers for Disease Control and Prevention haven't determined what triggers the clots, but the FDA ultimately decided — based on the availability of other vaccines — that the J&J shot's benefits outweigh its risks only if someone can't get the other vaccines.

"If there were no mRNA vaccines available, this is still a very viable option. It can save lives," a Biden administration official said. "But in places where there is an abundance of mRNA vaccines, like the U.S., the benefit-risk profile changes because there's other options."

What's next: J&J hasn't yet applied for full approval and at this point is likely to receive more scrutiny in its application, said one former senior FDA official. The FDA may task J&J with better identifying the subpopulations who might be predisposed to the blood-clotting condition, the official said.

 

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Midterms Watch

TRUMP'S ROE SILENCE — The former president appointed three of the justices who signed onto the draft Roe opinion. But at a moment of seeming triumph, the normally braggadocious former President Donald Trump has been subdued, Meridith McGraw and Jonathan Lemire write.

Trump has yet to crow about the news. Instead, he's expressed displeasure that the draft leaked and sidestepped weighing in on the abortion rights issue. On Wednesday night at Mar-a-Lago, he told POLITICO he was waiting to see "finality" in the case.

The reason for Trump's reluctance to claim credit, according to four current and former advisers familiar with his thinking but not authorized to discuss their conversations publicly, is that there is concern the final decision may not turn out the same as the draft. But the advisers still insist the former president will aggressively claim ownership of a Supreme Court decision ending Roe once a ruling is formally issued.

"Nobody knows what exactly it represents, if that's going to be it," Trump said. "I think the one thing that really is so horrible is the leaking … for the court and for the country."

It is notable reticence on an issue that could give the former president another peg on which to build a possible 2024 White House bid. But it also echoes the position of much of the Republican party, which is keeping its powder dry on the draft opinion even as anti-abortion rights groups claimed victory.

Around the Nation

Prescription drugs.

The Florida importation law would let consumers get a variety of prescription pills from Canada. | AP Photo/Matt Rourke, File

FLORIDA REGULATORS PUSH FOR DRUG IMPORTS — Florida's Medicaid regulator sent a letter Thursday accusing the FDA of siding with the pharmaceutical industry in a fight over a Trump administration–era program that allows states to import cheaper Canadian drugs, POLITICO Florida's Arek Sarkissian reports.

The letter amplifies long-running tension between state officials looking to cut drug costs and federal regulators who argue importation introduces risks and wouldn't reduce prices.

Remember: Former President Donald Trump gave final approval to a program that allowed states to operate importation programs with Canadian drug suppliers in September 2020, and the Agency for Health Care Administration submitted Florida's application for the program two months later. The FDA still has to approve the program, for which Florida regulators spent at least $40 million to assemble.

 

SUBSCRIBE TO NATIONAL SECURITY DAILY : Keep up with the latest critical developments from Ukraine and across Europe in our daily newsletter, National Security Daily. The Russian invasion of Ukraine could disrupt the established world order and result in a refugee crisis, increased cyberattacks, rising energy costs and additional disruption to global supply chains. Go inside the top national security and foreign-policymaking shops for insight on the global threats faced by the U.S. and its allies and what actions world leaders are taking to address them. Subscribe today.

 
 
Around the World

SENATE CONFIRMS PEPFAR BOSS — The Senate on Thursday confirmed John Nkengasong, the current head of Africa CDC, to lead the U.S. President's Emergency Plan for AIDS Relief.

The confirmation ushers in the end of the longest period without a politically appointed leader for the program, after former coordinator Deborah Birx left in March 2020 to lead the White House Coronavirus Task Force.

A native of Cameroon, Nkengasong is a U.S. citizen who has worked for the CDC HIV and tuberculosis division. He will be the first person of African origin to hold the PEPFAR job.

WHO: COVID DEATHS VASTLY UNDERCOUNTED — The Covid-19 pandemic has killed nearly 15 million people globally in its first two years, the WHO said Thursday in a sobering announcement admitting vastly more deaths than previously projected.

The 14.9 million estimate includes the number of people who died because of the disease and those who died of other conditions for which they couldn't access prevention or treatment since the pandemic disrupted health systems, Carmen reports.

The context: The new tally puts the pandemic death toll between January 2020 and December 2021 three times higher than the nearly 5.5 million deaths the group previously estimated. The new projection factors in so-called excess mortality, or the difference between the number of people who would have died in a non-pandemic year and those who died during the Covid-19 crisis.

 

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

 
 
Names in the News

David Blumenthal announced he will step down as Commonwealth Fund president at the end of the year. Blumenthal, who previously worked as a Harvard Medical School professor and an executive at Boston's then-Partners Healthcare System, said in a memo to staff that "for an organization to remain vigorous and innovative, there must be periodic change in leadership."

Guarding Against Pandemics, a preparedness group founded by the brother of crypto billionaire Sam Bankman-Fried, has hired Ridge Policy Group in a D.C. lobbying boost, our colleagues at POLITICO Influence report.

What We're Reading

The Drug Enforcement Agency is investigating mental health startup Cerebral, one of a few telehealth companies prescribing controlled substances online, Insider's Shelby Livingston and Blake Dodge report.

WHO members are slated to consider a resolution against Russia next week that could prompt the closing of the organization's Moscow office, Reuters' Emma Farge and Francesco Guarascio report.

In case you missed it: The Washington Post's Yasmeen Abutaleb, Dan Diamond and Carolyn Johnson reported that Duke University's Mary Klotman is Biden's top pick to head the National Institutes of Health.

 

A message from PhRMA:

According to data just released, insurance isn't working for too many patients. Despite paying premiums each month, Americans continue to face insurmountable affordability and access issues:

  • Roughly half (49%) of insured patients who take prescription medicines report facing insurance barriers like prior authorization and "fail first" when trying to access their medicines.
  • More than a third (35%) of insured Americans report spending more in out-of-pocket costs in the last 30 days than they could afford.
Americans need better coverage that puts patients first. Read more in PhRMA's latest Patient Experience Survey.

 
 

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Erin Banco @ErinBanco

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Megan Messerly @meganmesserly

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