2011 was another tumultuous year in the world of health care. last year saw the passage of President Obama’s historic health reform law and health care continued to be front and center in the political and social realms throughout the year. If there is one thing that is certain, it is that health care is constantly changing and the coming years will be no different. Before we turn our attention to 2012, let’s take a look back at some of the health care topics that made the headlines in Sacramento and the nation.
Medical marijuana battle
Although marijuana for medical use is legal in California – along with 15 other states – federal law does not recognize any legal use of the drug. for the past 15 years, federal officials have been trying to slow the progress of medical cannabis throughout California; a brief respite was given in 2009 when President Obama ordered the DEA to cease all enforcement activity. however, federal prosecutors announced in October that they would be cracking down on hundreds of medical marijuana dispensaries, stating that the California marijuana industry is a for-profit industry that is violating federal law.
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Following the crackdown, dispensaries throughout the state began closing down in an effort to avoid being raided. Earlier this month, Sacramento county supervisors voted to exclude medical marijuana dispensaries from zoning laws and last week one of the last remaining dispensaries in the county closed its doors. but proponents aren’t going down without a fight – five lawsuits are currently making their way through federal courts, asserting that federal prosecutors violated equal protection laws and states’ rights, as well as constitutional protection for in-state commerce. in addition, advocates are working on a ballot initiative for statewide regulation of the medical marijuana industry.
Health reform lawsuit
Before the ink was even dry on President Obama’s health reform law – Patient Protection and Affordable Care Act – Republicans and other opponents have been working to have the law overturned. several lawsuits have been filed, including a multistate suit that includes 26 states and the National Federation of Independent Businesses. The central argument in the lawsuit is that the individual mandate requiring all Americans to have health coverage is a violation of states’ rights under the constitution and exceeds Congress’ power to regulate interstate commerce. after going through the lower circuit courts, the lawsuit made it up to the Supreme Court, with the justices set to rule on the constitutionality of the individual mandate in March. Earlier this week, the high court announced it would hear arguments in the case over three days and will consider:
- If Congress has the power to require individuals to purchase health insurance;
- Whether the individual mandate is severable from the rest of the overhaul and whether its invalidation means striking down the entire law;
- If Congress can compel states to expand Medicaid by threatening to withhold funding from states that refuse; and
- Whether legal arguments brought against the reform law are premature since the mandate will not be implemented until 2014
Regardless of the outcome, the debate is unlikely to end with the Supreme Court’s ruling and the topic of health care is sure to be a central focus in next year’s presidential race.
Battle over Adult Day Health Care
In 2009 California lawmakers voted to cut funding for Adult Day Health Care centers in an attempt to trim Medi-Cal spending. A lawsuit was quickly filed, arguing that elimination of the program without adequate replacement services violates the Americans with Disabilities Act and places beneficiaries at risk of hospitalization, injury, institutionalization or death. ADHC is offered to eligible beneficiaries, including people with dementia, Alzheimer’s, mobility problems, and disabilities, and is intended to provide nursing-home care to individuals in their homes, bypassing costly nursing-home stays. The ADHC program has frequently been targeted by the legislature for elimination; this year’s budget package eliminated ADHC as an optional Medi-Cal benefit. in July, Governor Jerry Brown vetoed a bill that would have created an alternative program, citing there was little justification for the creation of a program nearly identical to the ADHC program and would not reduce costs in a substantial way. On the same day a federal judge was to hear the case, the state Department of Health Care Services settled with disability rights advocates and finalized the creation of the alternative program, the Community-Based Adult Services program. Questions remain over eligibility and the fate of centers that were able to remain open despite the loss of funding, but for the time being the state and advocates are celebrating what they view as a victory for seniors and the disabled throughout California.
Sutter Health data breach
Several data breaches made the news this year, but one hit close to home. in November, Sutter Health announced that a computer containing personal information of 4.2 million patients was stolen during in a break-in at a Sutter Medical office in Sacramento. The computer was password-protected, but the data was not encrypted. Sutter immediately reported the incident to local police and began notifying affected patients on December 5. Although the missing data did not include financial records, Social Security Numbers, or health plan identification, it did include names, addresses, birth dates, and medical diagnoses and treatment records. Following the breach, two class-action lawsuits were filed against the organization, claiming that Sutter did not effectively secure patients’ data. Sutter claims it has been working to encrypt data on laptops and Blackberries since 2007, but had not yet encrypted desktop computers.