Healthcare Reform

Generation R.I.P.

The Village Voice pronounces Generation X as dead as Kurt Cobain and as irrelevant as a Cheesy Poof. Plus: Alternative health stories that don't suck.

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Village Voice, July 7-13

“Generation Ex” by Eric Weisbard

We can all rest more easily in our media-prescribed personal identities. Just when quasi-intellectual generational think pieces seemed to be falling by the wayside — “Teen culture! It’s hot!” and “Are the ’60s over? Never!” — along comes Eric Weisbard to tell a whole generation who they are and what they mean. It’s not pretty.

Weisbard bemoans his fellow Xers’ alleged failure to make a mark on American pop culture that meets with his approval and decries being sandwiched between powerful baby boomers and en vogue teensters. Of course, failure is an inevitable conclusion when you base your assessment of an entire generation on Adam Sandler’s last movie and the demise of Nirvana. By the time Weisbard gets to bitching about how “The game of references as quasigenerational markers never ends,” he’s already made approximately 57 pop cultural references (not counting the contrived appellation “Generation X”). This, not even halfway through the piece, which lurches from incoherent rant to incoherent rant without the benefit of a unifying thesis or clear definition of what Generation X means other than that group of people born between an undisclosed year in the ’60s and 1973, who apparently won’t be capable of making movies, writing books or anything else once they’ve turned 35.

Frankly, after reading this twice through, I didn’t know what to make of it. Can you really sum up an entire generation’s importance on the basis of a few movies, CDs and Web sites? Are my peers and I really wasting our genius on trivial pursuits, like writing media columns about other media columns instead of making the world a better place through love? Puzzled, I queried some ACTUAL GENERATION XERS about what they thought of Weisbard’s cover story. Their responses were more brilliant than Weisbard seems to think us capable of, so I share them with you now.

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“The author appears to be hitting 30, realizing he hasn’t learned, much less said, anything useful during the period where he was buying into generational marketing and is panicking as he watches his legitimacy waft away with each turn of the calendar. In so doing, he writes a desperate story striking the same old, wrong themes as Rock the Vote efforts, Tom Frank riffs in the Baffler and other faux concern for the soul of one’s young, fragile peers: Demographics not only is destiny, but ought to be, they argue. Well, that’s bullshit, facile and cheap. He’s grasping because there’s nothing being said but more essentialist identity politics, desperately trying to prove that, say, a Puerto Rican guy in the Army in Kosovo is in some significant way the same person as a white female lawyer in Scranton, Pa., as long as they were both born in 1970. Bah. Get this writer a job covering forest fires and tell him he can’t use personal pronouns in print till he’s at least 50 years old. He’s blown his chance.”

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“How is it that he criticizes and wallows like a pig in his own culture? He’s acting like he’s trapped making references to his own culture that, in his own opinion, don’t mean anything. His argument is circular. He’s trying to make a point about a generation he says has no point.”

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“The article is itself an example of his less-than-well-defined point (presumably, that Xers are somehow less important because they defined themselves as a group through their ironic take on the generation(s) that preceded them and that they never actually believed in anything, and furthermore, their attempt at counter-culture has been co-opted by the mainstream so it’s all now totally disingenuous anyway) by caroming around the cultural landscape like a pinball, bouncing from one Xer celeb to another, barely touching on tech industry and other generational milestones, always keeping his tone ironic, and never actually giving any of his examples the benefit of depth beyond their two-dimensional representations in the media.

“It’s total bullshit. There should be a 25-year moratorium on any attempt to sum up Xers. I don’t think it’s possible to define a generation via its own lexicon. It’s like trying to divine the nature of a barrel of water by closing your eyes and sticking your head in.”

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“This writer is way too concerned with pithy pop culture references than actually talking about Generation X. So much has come out of Generation X: Teach for America, Americorps, Yahoo, Excite and a bevy of other Web companies …

“The people who were once Generation X — those born between ’62 and ’72 (roughly) — are now moving on with their lives. They’re getting married or finding life partners, many are now parents. They’ve been exposed to awful disease (AIDS) and political corruption (Iran/Contra), feast (’80s conspicuous consumption) and famine (Ethiopia, Afghanistan, Somalia). And you know what? Amid all the cynicism and despair, I’ve known some of the greatest people I ever will. I’m part of that group (born in ’69) and I feel lucky to have been exposed to both the horrors and pleasures of a pre-millennial world.”

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“Ultimately the author is misguided for trying to say anything meaningful about the Gen X conceit: It has never been well-defined, so how do you critique it? The author takes on pop culture as some kind of archeological evidence and finds scorn and ambiguously directed mockery. What is the society that created these artifacts? he wonders. He falls into the same trap of those that he tries to describe: Without knowing what to do about the subject, he vaguely describes it and mocks it along the way. It’s just that same subject — us, himself — devouring itself again.”

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“Articles about any ‘generation’ always strike me as talking about nothing but hype. They’re supposedly hip, I guess because they’re the most abstract way to talk about cultural trends and simultaneously show off how young you are, or used to be.”

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“If he wants to reduce a generation to a collection of pop-cultural references and stereotypes, he shouldn’t be too surprised when the always-hungry-for-the-New media flit their collective attention on to other vapid space-between-the-ad-filling ‘exciting’ new trends and fetishes, thereby ignoring this ‘generation’ he’s concocted by ignoring its perceived pet fetishes for the new, brighter, shinier whatever (Hot Actor! Cool new shoes!). The difference between Menudo and the Spice Girls is what, really? I’m not sure there is a difference in any sense that matters.”

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“This article was so self-absorbed that I would have thought it was written by a baby boomer, except, of course, that it’s written by a whining GenXer who doesn’t like it that the younger kids are now getting more attention than his aging self. He doesn’t quite realize that time is temporal, and trends come into the limelight as they are adopted by the young’uns. You feel like you’re not in the spotlight anymore? Like, the press is supposed to moon over Nirvana for 10 years? Oh, and of course, the things you liked are much more worthy than the things that are popular now? Please, stop whining.”

Pittsburgh Newsweekly, July 7-14

“The Feel-Good Solution” by Marty Levine

In last week’s column, I lamented the paucity of smart, insightful coverage of alternative medicine. Lo and behold, as though a higher spiritual entity saw the wounds festering in my pressure points and wished to renew my faith in alternative journalism, a few articles on non-conventional medicine have surfaced that are worth a read. Particularly noteworthy is Marty Levine’s extensively reported and clearly written piece exploring the theory that the growing popularity of alternative treatments can be attributed to a need for personal contact no longer granted by doctors and HMOs. Levine talks to experts, believers and skeptics alike and undergoes hypnosis, acupuncture and several other treatments himself. “Alternative medicine for the majority of Americans is not chasing down to Mexico for a faddish cancer cure,” Levine writes. “It’s looking for the cause of illness in every facet of one’s own life. And it is simple human contact. In this HMO-ridden age, that’s invaluable. “

Shaila Dewan’s disturbing piece in the Houston Press, on a Shiatsu therapist who was penetrating his patients with both fingers and his penis, highlights the need for more scrutiny of this industry, as does Mark Boal’s critical report on a growing religious trend called Falun Dafa.

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Austin Chronicle, July 2-8

“The Score” by Lisa Tozzi

Any writer who can write about sports without making me lose consciousness has accomplished the nearly impossible — and the Austin Chronicle does exactly that in its freewheeling, unorthodox special sports section. From Lisa Tozzi’s introduction advising how to give moral justification to your sports fanaticism to Clay Smith’s elegant profiles of five Olympic hopefuls, the writing gets beyond play-by-plays and over-analysis of the players’ personalities to basics like why people play sports and why we enjoy them. I particularly liked Robert Bryce’s explanation of the origins and usefulness of eyeblack, “the pasty black goo that athletes wear on their cheekbones,” which illuminates a mystery of the sports universe that we non-fans tend to ignore. The Austin Chronicle is strongest when covering local music and entertainment; it’s great to see the paper applying those sharp critical and writing skills to other subjects.

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Seattle Weekly, June 8-14

“Graduation altercation” by Doug Collins

Mumia madness entered a new stage of absurdity when students at the notoriously granola-y Evergreen State College in Olympia, Wash., invited convicted murderer and writer Mumia Abu-Jamal to give a recorded commencement address. Doug Collins does an excellent job of illuminating the tensions in the state capital that’s both a hotbed of ’60s-activist nostalgia and ’90s Republican legislators.

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S.F. Bay Guardian, July 7-13

“Roommate Roulette” by Stephanie Groll

There was C. in Paris who never left the room, did all her laundry in the sink and draped it on every available countertop. There was V. in Seattle who was dating two men — one an obnoxious, racist, chain-smoking trucker — when she lost her Prozac prescription and started talking to herself. And I can’t forget T., the ex-marine, Republican law student who alternated between yelling at me for no apparent reason and trying to get me in bed.

Admittedly, articles about navigating roommate hell are sophomoric — as in, you really needed to read this your sophomore year of college and if you didn’t learn then how to deal, you never will. However, since everyone has at least one tale of the roommate from hell lurking in their memories, it’s always a voyeuristic pleasure to read about other people’s shared-housing mishaps. Chop off all the tiresome advice, and you’ve got yourself an enjoyable piece.

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New Times Los Angeles, July 8-14

“Fish Story” by Victor Mejia

Reporter Victor Mejia gives us several more reasons to hate “Titanic.” Yippee!

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Jenn Shreve writes about media, technology and culture for Salon, Wired, the Industry Standard, the San Francisco Examiner and elsewhere. She lives in Oakland, Calif.

Origins of a healthcare lie

The unknown history of the argument against the individual mandate

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Origins of a healthcare lie (Credit: Reuters/Jonathan Ernst)

Professor Michael McConnell, the distinguished constitutional theorist, has weighed in, to my knowledge for the first time, on the healthcare reform case pending in the Supreme Court. He writes in a recent Wall Street Journal op-ed that “[t]he drafters and defenders of the health-care law have only themselves to blame for this mess.” This is because “they did not take seriously their obligation to legislate within the limits set by the Constitution.”

Prof. McConnell’s essay includes some uncharacteristically sloppy statements, as Sam Bagenstos points out. But he asks a good question: Why didn’t the Democrats see this trouble coming?

I’m now working on a book on the constitutional objections to the Affordable Care Act, which will be published in the spring of 2013 by Oxford, and I’ve been researching this very question. What I’ve found may be surprising.

The constitutional limits that the bill supposedly disregarded could not have been anticipated because they did not exist while the bill was being written. They were invented only in the fall of 2009, quite late in the legislative process.

The first exploration of Congress’s authority to enact a mandate was a paper by Mark Hall, which he posted on SSRN in February, 2009. (I have not been able to find even a hint of the constitutional objection before Obama’s election, even though mandates have been proposed, mainly by Republicans, since the early 1990s.) He concluded that the mandate easily followed from existing commerce clause jurisprudence. His piece is extensively footnoted, but it cites no authority to the contrary. Republicans had no constitutional objections. Senator Charles Grassley said in June 2009, “I believe that there is a bipartisan consensus to have individual mandates.”  (He later changed his mind.)

The first published claim of unconstitutionality that I have been able to find is a July 10, 2009, Federalist Society paper by Peter Urbanowicz and Dennis G. Smith. They created the now notorious action/inaction distinction, declaring that “Congress would have to explain how not doing something – not buying insurance and not seeking health care services – implicated interstate commerce.” But they made only a modest effort to rebut the obvious response based on text and precedent, and their bottom line was that a mandate “might be susceptible to an ‘as applied’ challenge from individuals who (1) never access the health care system or (2) are able to pay for their health care without using insurance.” Not only does this not suggest a facial challenge of the kind that the Court is now considering — even they weren’t that bold — but the hypothetical individuals are fanciful.  No one who is not a multimillionaire can know for certain that they will be able to pay for all their future healthcare needs out of pocket.

On July 14, the House committees generated a unified healthcare bill, and the next day the bill passed the Senate Health Committee. On July 24, a Congressional Research Service memo, determinedly evenhanded, declared that the power of Congress to require the purchase of a good or service was “a novel issue.”  It, too, developed no substantive argument for unconstitutionality.

An August 17 blog post by Rob Natelson offered a litany of briefly stated constitutional objections, most of which were never heard from again. It was quoted sympathetically, but without elaboration, by David Kopel on the Volokh Conspiracy blog – the first post on that blog to suggest that there could be a constitutional issue. (The importance of the Volokh blog to the healthcare issue has already been noted, here.) On August 22, David Rivkin and Lee Casey wrote a Washington Post op-ed declaring that “[t]he federal government does not have the power to regulate Americans simply because they are there.” There were some follow-up posts on Volokh Conspiracy by Jonathan Adler and Ilya Somin, both of whom reluctantly concluded that the bill was clearly authorized by current law. (Both later changed their minds and will now tell you that the mandate is obviously unconstitutional!)

On Sept. 18, Randy Barnett entered the fray for the first time, with a post on Politico and a follow-up on Volokh. Suddenly the meme went viral. On Sept. 21, CBS News reported that, “In the last few days, a new argument has emerged in the debate over Democratic healthcare proposals.” CBS observed that the O’Reilly Factor and Fox News had picked up on the story. Suddenly there was an outpouring of pieces, on Volokh and elsewhere, developing the constitutional objection. But even at this point it was a soundbite, not a legal argument.

The bill passed the Senate Finance Committee on October 13, and the full House of Representatives on November 7.

The first sustained legal argument was published by Barnett and two coauthors in a Heritage Foundation paper on Dec. 9, 2009. This was no casual blog post. It carefully engaged the cases and the literature and closely tracked the argument that eventually was brought before the Court. Barnett deserves the credit he has gotten: Like so much of his work, the argument was witty, sophisticated, creative and clever. There had been nothing like it before. But it had little basis in existing law, and its flaws came to light almost immediately. Rivkin and Casey made a similar argument (which didn’t add much, on the crucial commerce power issue, to their earlier op-ed) in a piece (undated) on the Pennsylvania Law Review’s web edition. Jack Balkin wrote a devastating reply, to which Barnett posted a link and response on Dec. 11.

None of these writings said much about the most powerful basis for Congress’s authority: its broad power under the Necessary and Proper Clause, which has been well established since 1819. Barnett’s paper was a work in progress. By the time he wrote his Supreme Court brief in February 2012, he implicitly acknowledged this unfinished business by struggling for more than 30 pages with the problem.

The bill passed the Senate on Dec. 24. The rest of the story is familiar: On January 19, 2010, Scott Brown surprisingly won the special Senate election in Massachusetts, depriving the Democrats of their filibuster-proof majority. It took some time for them to figure out how to respond, but the legislative obstacles were surmounted, and the bill was signed in March 2010.

The Democrats might, I suppose, have jettisoned the mandate. Certainly by early 2010 they knew that constitutional arguments were being made. McConnell suggests that “the drafters of the legislation should have stayed within the generous bounds of authority established by prior precedent.” But that’s just what they did do. As Balkin noted in July 2010, Barnett was trying to shift the boundaries of what counted as an off-the-wall argument.

Dropping the mandate also would have defeated one of the law’s primary purposes. A Congressional Budget Office report indicated that eliminating it would raise the uninsured population in 2019 by 16 million, with insurance rates rising by 15 to 20 percent for those who bought insurance individually. McConnell thinks that the Democrats have only themselves to blame, because they did not toss these people over the side as soon as there was a whisper of a constitutional issue. As the oral argument made clear, the case against the mandate requires a remarkable degree of callousness, obsessively focusing on the minor burden imposed by the mandate while determinedly ignoring the fact that the unavailability of insurance kills thousands of people annually. Now we are told that the Democrats were unreasonable because they did not immediately capitulate to their opponents’ newly crafted assumption that this callousness is written into the Constitution.

To say that the Democrats have only themselves to blame for not anticipating these newly minted constitutional claims is like saying John F. Kennedy had only himself to blame for not getting a second term as president because he should have anticipated Lee Harvey Oswald.

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Andrew Koppelman is John Paul Stevens Professor of Law and Professor of Political Science at Northwestern University.

Healthcare’s worsening crisis

Costs have risen dramatically during the Great Recession -- but one solution could make a huge difference

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Healthcare's worsening crisis (Credit: lenetstan via Shutterstock)
This article originally appeared on AlterNet.

The greatest rip-off in the world is getting worse. According to a groundbreaking study released last week (PDF), the cost of employer-based health insurance – which covers a majority of the population — has risen at twice the rate of inflation during the Great Recession, even while Americans have come to use less medical services.

AlterNetIt is a tragic irony that even as Washington debates whom to screw over to cut the Phantom Menace of our federal deficit, it has so far failed to address the single most important factor driving those deficits over the long term (if we paid the same for healthcare per person as the 30-plus countries with longer average life expectancies, we’d be looking at budget surpluses). It’s a problem that also leads to tens of thousands of unnecessary deaths annually, creates some of the worst health outcomes in the developed world, makes American firms less competitive in the global marketplace and contributes a great deal to wage stagnation for the middle class and the working poor.

In 2009, the Democrats passed a series of insurance reforms misleadingly dubbed “healthcare reform.” Many of those reforms were valuable tweaks to our private insurance system, and while many Americans are wary about the law as a whole, when asked about the specifics, most of the specifics in the law are quite popular. But Congress didn’t reform the healthcare system in a way that would significantly “bend the cost curve,” and the new study – which uses insurance industry data that was made available to the public for the first time (other studies extrapolated from Medicare payment data) – shows that the costs of medical services continue to climb much faster than the rate at which either the economy or wages are growing.

Chapin White, a senior researcher at the Center for Studying Health System Change, told Kaiser Health News that the report shows that working people covered by their employers “are paying more and getting less” because hospitals and other medical providers “just seem to be able to raise prices faster than general inflation.”

In some areas – like ER visits, outpatient surgery and mental health services – prices have increased at five times the rate of inflation.

But the study also shows that the rate of increase in healthcare costs has slowed during the downturn compared to their staggering climbs during the decade prior. If our healthcare system were growing more efficient, that would be good news, but while there is some evidence that Obamacare is in fact beginning to reduce costs to some degree, the bigger story is that many Americans are simply foregoing services.

Because while healthcare costs – and insurance premiums – continue to climb, an ever-larger share of the burden of those costs has been shifted onto the backs of working people. A recent study found that half of those respondents who had been sick during the previous year thought that the “quality of care” they’d received was a problem, and three in four identified rising costs as a serious issue.

As economist Jared Bernstein notes, “We’ve got recession-induced falling incomes bumping into faster growing prices for health services. Add in increased cost-shifting from employers to workers and you’ve got a pretty good recipe for lower overall spending.”

Compounding the madness is a push by the right – and some on the left – to roll back those insurance reforms passed after a year of bloody political combat. Forget for a moment about the lifetime and annual caps on out-of-pocket expenses, the requirement that preventive care be covered without co-pays (which should eventually result in some cost containment), the provision allowing young adults to stay on their parents’ plans, or closing the “donut hole” that requires seniors to pay a big chunk of their prescription drug costs out-of-pocket. Just consider that 10 million low-income Americans – people largely priced out of the market at present — will be eligible for single-payer public healthcare as the threshold for Medicaid eligibility goes up by 50 percent. (According to one study, 75 percent of low-income workers lack health insurance.)

Conservatives want to do away with “Obamacare” because they’re ideologically predisposed to buy into demagoguery about “death panels,” “government take-overs” and the supposed perfidy of the public healthcare systems that produce better outcomes for less in most of the rest of the developed world.

Some progressives also want to do away with it because it’s built around an individual mandate to buy private health insurance – long the signature Republican proposal for healthcare reform. (The mandate has become almost universally unpopular, but it is linked to the highly popular requirement that insurers cover people suffering from pre-existing conditions.)

Their thinking appears to be that if we revert to the status quo ante, the system’s deep dysfunctions – with skyrocketing costs and tens of millions uninsured – will exert so much pressure on families and businesses that it will inevitably lead to an outcry for a single-payer system. But there are big problems with their logic and a much better solution, one that wouldn’t leave those who do enjoy good coverage worried about their futures: Open up Medicare for everyone who wants in. And if single-payer systems are superior, doing so should eventually lead us there.

It’s true that single-payer is the only scheme that will provide universal coverage while actually decreasing overall healthcare spending. But the reality is that a large share of the population is covered – retirees by Medicare, the very poor by Medicaid and a majority of us through our jobs — and even with rising out-of-pocket expenses, they don’t face the horrors of being uninsured. Many of those who aren’t covered – young people, the working poor, the self-employed – are infamously difficult to organize.

But say the system does eventually collapse under the weight of its own inequities. There was a 15-year period between the last attempt to reform health care under Clinton and the passage of Obamacare. If it takes another 10-15 years to get a better set of reforms, there remains a lot of room for shifting more costs onto working families, denying more people coverage and causing more Americans to suffer needlessly. It is a classic case of throwing the baby out with the bathwater – just remember those 10 million poor people who wouldn’t be covered under Medicaid, a single-payer public health program, if Obamacare were repealed.

It is also based on the ahistoric premise that once a big, new social program is enacted, that’s it – it’s locked in stone. That was hardly the case with Social Security or Medicare, both of which have been amended again and again since their original passages in 1935 and 1965, respectively.

Understanding this leads to a better approach. Instead of throwing away a decent set of insurance reforms and a new infrastructure for (almost) universal coverage, progressives should come together around a simple amendment: Open up the Medicare system to anyone – individuals and employers — who wants to buy into it. Kill the limited state-based exchanges for private insurance (or keep them) and retain the subsidies for households and small businesses that provide coverage, keep the Medicaid expansion intact, let kids stay on their parents’ plans until age 26, and maintain the caps on out-of-pocket expenses. Throw away the bathwater, but hang onto the baby.

This might fulfill the promise of the original “Hacker Plan” (PDF), with its “public option” that would pit a single-payer system against the private insurance industry in head-to-head competition. Those who believe – rightly – that a single-payer system is the only way to provide universal coverage while cutting overall health spending should have the courage of their convictions and embrace that competition. May the better system win.

It’s an approach that doesn’t alienate or frighten the millions who enjoy decent coverage from their employers. And while it might take the same 10-15 years to get to a critical mass of Americans opting into Medicare, which could later be financed entirely from tax revenues, in the interim, we’d maintain the positive insurance reforms passed in 2009.

In other words, we need to keep moving the ball forward. With Americans paying more to get less health care, the moment is ripe to open up Medicare to all comers. And talk of going backward is hard to understand.

Joshua Holland is an editor and senior writer at AlterNet. He is the author of “The 15 Biggest Lies About the Economy: And Everything Else the Right Doesn’t Want You to Know About Taxes, Jobs and Corporate America.” Drop him an email or follow him on Twitter.

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Romney pal defends Obamacare

Sen. Roy Blunt supports part of the bill his ally Mitt Romney has pledged to fully repeal

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Romney pal defends Obamacare(Credit: Reuters/ Jonathan Ernst)

Sen. Roy Blunt, R-Mo., gave a strong defense yesterday of a portion of the Affordable Care Act that allows children up to 26 years old to remain on their parents’ health insurance plans, breaking a bit from the GOP’s hard-line opposition to Obamacare.

Blunt endorsed Mitt Romney early on and led the campaign’s efforts to recruit Republican lawmakers during the GOP primary. But his comments in an interview on KTRS radio in St. Louis may give Boston some heartburn as it tries to convince conservative voters that Romney, who enacted the predecessor of Obamacare in Massachusetts, will actually repeal the healthcare law.

“It’s one of the things that I think should continue to be the case,” Blunt said of the “dependent coverage” provision, explaining that “it’s a way to get a significant number of the uninsured into an insurance group without much cost,” because young people are generally healthy.

Blunt noted that he even introduced a bill when he was in the House that would do exactly what the provision of the Affordable Care Act does now, saying, “I was for it then, and I’d be for it now.” “You’re breaking some news,” host McGraw Milhaven quipped.

While Blunt said he still favors repealing most of the health law, he would want to preserve a few sections, including the dependent coverage provision and the creation of high-risk pools for patients with preexisting conditions.

Romney has repeatedly vowed to fully repeal the Affordable Care Act, though he hasn’t spoken out specifically on the dependent coverage provision and he enacted a similar provision as governor. The provision is hugely popular, even though the overall law is not. And while Republican leaders supported the extension of coverage to 26-year-olds as recently as 2009, when it was included in the GOP’s healthcare alternative proposal, the GOP’s message today is that they’re for a complete repeal of the law, including the minimum coverage provision.

This got Sen. Scott Brown, R-Mass., in trouble after it was revealed that he takes advantage of Obamacare to make sure his daughter has insurance.

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Alex Seitz-Wald is Salon's political reporter. Email him at aseitz-wald@salon.com, and follow him on Twitter @aseitzwald.

“Birth control doesn’t matter”

A new survey reveals just how ignorant young people are about contraception and pregnancy

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(Credit: restyler via Shutterstock)

When it comes to sex and reproduction, even the most mind-numbingly intuitive conclusions can be politicized or disbelieved. So they bear repeating and resubstantiation. Take this recent Guttmacher study on contraceptive knowledge. Surveying 1,800 men and women ages 18–29, the authors “found that the lower the level of contraceptive knowledge among young women, the greater the likelihood that they expected to have unprotected sex in the next three months, behavior that puts them at risk for an unplanned pregnancy.” In other words, access to factual information helps prevent risky behavior.

I’m holding myself back from saying “duh” here, but this still has to be reiterated at a time when abstinence-only education that doesn’t provide detailed information about contraceptive use, except occasionally to emphasize its limits, not only persists but recently got a federal stamp of approval. As an Advocates for Youth report on the impact of abstinence-only education noted, “Proponents of abstinence-only programs believe that providing information about the health benefits of condoms or contraception contradicts their message of abstinence-only and undermines its impact. As such, abstinence-only programs provide no information about contraception beyond failure rates.” That’s how you get terrifying statistics like this one from the Guttmacher report: In the survey, “60 percent underestimated the effectiveness of oral contraceptives and 40 percent held the fatalistic view that using birth control does not matter.” Overall, “more than half of young men and a quarter of young women received low scores on contraceptive knowledge.” It’s also how you get figures like the one from the CDC that found that 31.4 percent of pregnant teens didn’t use contraception because they “thought they could not get pregnant at the time.”

There are two reasons to be optimistic that some dent can be made in these depressing figures, and they both have to do with provisions of the Affordable Care Act. Much has been made of the mandate that insurance policies cover all FDA-approved contraceptive methods, but there’s another aspect that’s been relatively overlooked: the fact that the same provision includes free education and counseling about sex and contraception, at least for the insured. The second reason for optimism is that the mandate will make it far easier for women to get longer-acting and more effective forms of contraception like the IUD — which are also more expensive and which studies have shown women would be interested in if they could afford them. Incidentally, the recent Guttmacher study found that women who were using long-acting or regular hormonal contraception tended to score higher on overall knowledge.

It will be awhile before we know if these changes will move the needle on the nation’s unparalleled rate of unintended pregnancy. The women’s health provisions only go into effect for new plans in August 2012, and older plans will be initially grandfathered and eventually phased out. And of course, there’s another big fat if – whether the Supreme Court overturns all or part of the Affordable Care Act. The Obama campaign and its allies are keen to point out how such a move — or, perhaps, a legislative repeal down the line — will hurt women above all. The Center for American Progress recently released a report on “Women and Obamacare” (the campaign having officially embraced the derisively intended term). It declares Obamacare “the greatest legislative advancement for women’s health in a generation,” which may be true for reasons more depressing than inspiring: There have been very few advancements partly because there has been so much political defense played.

In addition to the reproductive health benefits, the report points to preventive care recommendations for which cost-sharing has already been cut: mammograms, pap smears, prenatal care and so on. According to the report, “close to 9 million women will gain coverage for maternity care in the individual market starting in 2014,” currently not covered in 78 percent of plans sold on the individual market. It notes that women are more frequent users of healthcare services than men, that they’re likelier to make the household decisions on healthcare and that they’re more vulnerable to losing coverage because they’re likelier to be listed as dependents on a partner’s plan. The Affordable Care Act also makes it illegal to engage in “gender rating” – charging women $1 billion more than men on the individual market – and bans states from discriminating on the basis of gender identity in their insurance exchanges.

The report does acknowledge two ways in which Obamacare falls short for women who were “left out of the law — undocumented and recent immigrant women and women who need abortion services.” It claims that “political compromises on abortion coverage were necessary to ensure passage of the Affordable Care Act” – still a bitter loss to reproductive rights groups, who memorably described women as having been “thrown under the bus” by Democrats – “but the work to obtain abortion coverage for all women continues.” The last part is particularly debatable, at least when it comes to any momentum on the funding issue from national Democrats, while Republicans in the states and federally have spent considerable energy trying to limit abortion coverage on even private insurance plans.

Still, if the Affordable Care Act is allowed to stand, the magnitude of having an actual, proactive reproductive health access policy shouldn’t be underplayed. Maybe we’ll get closer to a saner republic where hearing “birth control doesn’t matter” from people who don’t want to get pregnant is a quaint memory.

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Irin Carmon

Irin Carmon is a staff writer for Salon. Follow her on Twitter at @irincarmon or email her at icarmon@salon.com.

Healthcare’s foreign invasion

Obama risked a trade war with China about manufacturing -- so why isn't he outraged about medical jobs?

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Healthcare's foreign invasion (Credit: gualtiero boffi via Shutterstock/Salon)
This article was adapted from the new book, "Insourced", available May 8 from Dartmouth College Press.

Approximately 15 percent of all healthcare workers and 25 percent of all physicians in the United States were born and educated elsewhere. This means that 1.5 million healthcare jobs are “insourced,” occupied by foreign-born, foreign-trained workers brought into the United States on special visas earmarked for healthcare jobs. This number is 50 percent greater than the total number of jobs in the U.S. auto-manufacturing industry. It’s amazing to consider that in 2008 and 2009, the auto industry, which makes up just 3.6 percent of the U.S. economy, received a $97 billion bailout. If we estimate that each of these 1.5 million insourced healthcare jobs has an average wage of $60,000, that’s $90 billion a year in wages going to people brought into the United States to work rather than training Americans to do the same jobs.

The healthcare industry makes up 16 percent of our economy. Yet even in these days of close to 10 percent unemployment, we do not invest enough money in our young people to train them for jobs in healthcare — an already understaffed industry that will have to serve an additional 32 million people once the provisions of the 2010 health-reform law take full effect. Instead, when faced with pressure from hospitals and nursing homes for more healthcare workers, the federal government grants visas to import nurses, physicians, pharmacists, physical therapists, and many other types of healthcare workers from countries that can ill afford to lose them.

In some U.S. industries, the outcome of globalization is positive or neutral. Take the sugar industry. Due to lower labor and land costs and better weather conditions, it’s far cheaper to grow sugar cane in the Caribbean than sugar beets in North Dakota. As import taxes fall, global transportation improves, and the number of sugar beet farms in the United States declines, more Americans are sweetening their cereal with sugar from Jamaican sugar cane. Americans save money buying cheaper sugar; the economy of the poorer sugar-growing countries improves, lifting thousands of people out of poverty; and the few displaced American sugar beet farmers generally find other work. But sugar is not a strategic commodity. If CARICOM, the Caribbean Community, were to halt sugar exports to the United States, we would experience no crisis. Sugar is not essential to our diet or life, and we have plenty of substitutes, from honey and corn syrup to NutraSweet. If necessary, within a year we could again be producing sugar in the United States.

The U.S. healthcare industry is 200 times larger than the U.S. tire-manufacturing industry, yet President Obama risked a trade war with China, our biggest trade partner, over tires. He was understandably trying to protect well-paying manufacturing jobs for American workers. Yet each year, we bring thousands of nurses from China to work in even better-paying jobs rather than train young people in this country to become nurses. The irony is that the economic costs of “insourcing” healthcare workers, including the loss of jobs no longer available to Americans, are far greater than the costs when we import Chinese tires. In 2003 the Commission on Graduates of Foreign Nursing Schools (CGFNS), a U.S.-based nongovernmental organization that administers the U.S. nursing licensing exam for foreign-trained nurses, opened a testing center in Beijing. The opening of this center initiated a “mushrooming” of new nursing schools in China and led to credible predictions that China will soon surpass the Philippines as the number one source of foreign-trained nurses imported to the United States.

Given the publicity and furor over the loss of manufacturing jobs, the lack of protest over healthcare-worker insourcing is surprising. Congress passed legislation and President George W. Bush signed a law in 2007 to protect the American sock industry from the rival Honduran sock industry. Yes, that’s right: socks. Protecting a few hundred $15-an-hour sock-manufacturing jobs based solely in the small town of Fort Payne, Ala., was worth acting on. Yet insourcing hundreds of thousands of $60-an-hour healthcare jobs has prompted no such similarly high-level response from our leaders.

Instead, on a regular basis, Congress approves and presidents from both political parties sign legislation to enable the legal entry of an ever-increasing number of foreign healthcare workers. Each year, about 20,000 new healthcare-specific visas are issued for these workers.

The United States has traditionally not allowed strategic industries to be outsourced. That’s why the U.S. steel industry and the U.S. car industry have received bailout after bailout. Access to enough steel and automobiles is essential to our economy; without a sufficient supply of each, our economy would be severely damaged. It’s time we acknowledged that the health of the population is just as important as steel and autos in keeping our economy strong. Healthcare is too important to risk continuing to insource it.

It’s not just a matter of protecting and expanding jobs for American workers. Every year, thousands of Americans die, and the health of thousands more is compromised, because of the shortage of healthcare workers in every one of the healthcare professions.

On the surface, insourcing may appear to be a harmless or even win-win solution to the country’s healthcare-worker shortage. The hospital receives a much-needed worker, and the worker escapes life in a struggling country for a better life here. But we should be training more people in this country to work in those professions, especially people from poor and minority communities. Rather than investing in our own people and communities, however, the U.S. government has decided to take the best and brightest workers from struggling countries.

Many foreign-trained healthcare workers, no matter how smart, are not adequately prepared for practice in the fast-paced, high-tech world of U.S. medicine. Whether in operating rooms, hospital wards, or nursing homes, inadequately qualified and poorly oriented foreign healthcare workers endanger the lives of their patients, as well as the lives and careers of their American-trained colleagues.

But the main reason for this country’s rise in unnecessary deaths and delayed care is understaffing — a result of the failure to train and place enough healthcare workers, especially in rural and underserved communities. Americans who live in rural areas make fewer visits to healthcare providers and are less likely to receive preventive care. The infant-mortality rate for African-Americans is twice that for the average American; Latinos are twice as likely as white Americans to die from diabetes. These health disparities are due in large part to a lack of healthcare workers, especially primary-care workers, in their communities. The quick fix has been importing foreign healthcare workers for these unfilled positions. Unfortunately, once these workers fulfill their initial contracts, most move to communities without healthcare-worker shortages; in fact, foreign-trained healthcare workers are more likely to practice in the well-served, major metropolitan areas than their American-trained counterparts.

Even if good foreign-trained healthcare workers were here in numbers adequate to meet our needs, the U.S. healthcare system is about encounter a tidal wave of demand as 78 million baby boomers approach their 60s. Older people make, on average, six visits to a healthcare provider a year, compared with two visits per year for people under 60. The healthcare workforce is aging, too: More than 50 percent of practicing healthcare workers are eligible to retire during the next 10 years, which will leave us with fewer workers to treat more and sicker patients.

In the eyes of employers, of course, insourcing healthcare workers appears to offer many benefits. Most doctors and nurses in developing countries earn a fraction of what American doctors and nurses earn: A Caribbean nurse makes around $1,000 a month; an Ethiopian physician, about $100 a month. Not only are many foreign-trained healthcare workers accustomed to lower salaries and quality of life, but they also carry little or no education debt, while their American-trained colleagues typically graduate with five- and six-figure debt burdens. With average student debt burdens of $155,00011 for newly graduated physicians and $30,375 for nurses, American-trained health workers require a higher salary just to help pay for their education. Trained in a much more hierarchical environment, foreign workers are much less likely to unionize, or even express dissatisfaction with their work. As the percentage of imported healthcare workers increases, their attitudes toward salary and terms of employment undermine the bargaining power of U.S. workers, and even affect the important feedback loop between employees and management.

Polls indicate that 70 to 80 percent of Americans want to reduce the rate of immigration into the United States. Yet the American public is not aware of our policy of using healthcare-worker-specific visas to solve the healthcare-worker shortage.

Some legislators who publicly support stabilizing immigration consistently vote to increase the number of healthcare-worker-specific visas granted each year. It’s not that American citizens don’t want to become healthcare workers and fill these jobs. This distinction is critical, because every industry that has brought in foreign workers has argued that American workers won’t do the work for the prevailing wage, or won’t do the work no matter how high the pay is. In the healthcare industry, this argument does not apply. U.S. citizens want the jobs. They just can’t access the training. The United States does not have enough positions in health-professional schools to meet industry demands.

The tens of thousands of qualified nursing school and medical school applicants who are denied entry to school each year permanently lose out on their chosen careers, work that is consistently ranked in the top tier of salaries, with excellent benefits and almost guaranteed job security. This loss of career opportunity is even greater for rural and minority young people, who are grossly underrepresented in the higher-level health professions, such as physicians and nurses, and overrepresented in the lower-level professions, such as technicians and home health assistants. Something is wrong when so many young Americans are forced to pursue other, lower-paying careers at a time when we desperately need more healthcare providers. In exchange we get foreign healthcare workers who are less well trained (they consistently score lower on licensing exams than U.S.-trained healthcare workers) and far less culturally competent than native-born Americans.

The most tragic and most preventable effect of our hiring so many healthcare workers from other countries is the unnecessary deaths of hundreds of thousands of men, women and children in developing countries. The World Health Organization (WHO) estimates that each year more than 10 million people die needlessly, from easily treatable maladies such as diarrhea, pneumonia, malaria, tuberculosis, vaccine-preventable diseases, and complications of childbirth. The WHO Global Health Workforce Alliance estimates that there are a billion people alive today who will never see a health worker in their lives. In Ethiopia, one in 10 Ethiopian children will die before his or her fifth birthday — yet there are more Ethiopian physicians in the Chicago area than in all of Ethiopia, which, with 80 million people, is the second most populous country in Africa. As their most skilled nurses emigrate to work in U.S. nursing homes, middle-income countries such as Jamaica and Trinidad have nurse-vacancy rates of 60 percent or higher.

Throughout the developing world, nurses, pharmacists, physical therapists, and many other types of healthcare workers are being approached and offered 10 times their salaries to practice in modern U.S. healthcare facilities with state-of-the-art technologies. Even the most dedicated, socially conscious worker would be tempted by such an offer. A colleague of mine relayed a conversation he’d had with the head of the Nursing Council of Kenya, who told him about the damage the exodus of senior nurses was doing to her country’s healthcare system. In the next breath, she confessed that the next time he visited Kenya, she might not be there. She was thinking about emigrating herself.

Our unofficial policy of relying on the world’s poorest countries to pay for the training of workers whom we then entice and bring to this country is devastating healthcare systems around the world. The loss to a developing country when a single physician, representing what may be a significant portion of their total number of physicians, emigrates is far greater than our gain. Our failure to provide education for our own citizens and to better plan for healthcare staffing and distribution does not justify poaching nurses and physicians from the countries that can least afford to lose them. How many additional deaths, how much more needless disability and suffering, will we allow this misguided policy to cause?

And consider American competitiveness. Certain industries are vital to U.S. global leadership. Recognizing their importance, we protect those industries. We don’t allow them to move overseas and make the United States vulnerable to the actions of other countries. Poor farmers in the developing world can certainly grow food staples more cheaply than American farmers do. But because of the strategic importance of the U.S. food supply, we subsidize some basic food crops, such as corn and soybeans.

And yet we are overreliant on foreign healthcare workers to meet our most basic health needs. This is particularly dangerous because many countries, almost completely drained of healthcare workers and tired of subsidizing the U.S. healthcare system, are trying to slam the door shut for emigrating healthcare workers. Meantime, of the world’s wealthiest nations, the United States has the worst health outcomes, with lower life expectancies and higher rates of deaths from preventable causes. In infant mortality, for instance, we rank 27th, behind Poland and Hungary. Our disability levels are higher than in most former Soviet countries.

If the United States is to remain competitive in the global economy, we need a healthy workforce. In order to achieve that, we need a healthcare workforce made up of adequate numbers of properly trained physicians, nurses, pharmacists, community-health workers, and other healthcare providers.

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Dr. Kate Tulenko is a physician with degrees from Harvard University, Cambridge University and the Johns Hopkins School of Medicine. The former coordinator of the World Bank's Africa Health Workforce Program, she currently serves as director of clinical services for a global health nonprofit.

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