States step up to protect kids online

Presented by the Coalition to Protect America's Health Care: Delivered daily by 10 a.m., Pulse examines the latest news in health care politics and policy.
Jan 16, 2024 View in browser
 
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By Ben Leonard and Chelsea Cirruzzo

Presented by the Coalition to Protect America's Health Care

With Ruth Reader, Daniel Payne and Dan Goldberg

Driving the Day

Teenagers hang on to their smartphones in Marseille, southern France, on June 27, 2022.

Congress' inaction has prompted some states to take protecting kids from social media harm into their own hands. | Nicolas Tucat/AFP via Getty Images

SOCIAL SCRUTINY — In the absence of federal action, the states are working to stop social media from harming kids.

One approach to regulating internet platforms is taking hold: age-appropriate design, Ruth reports. Age-appropriate design is a framework, first used in the U.K., that requires companies to design online products and platforms with kid safety in mind.

In 2022, California was the first state to pass a privacy law to require online platforms to conduct children's safety assessments, make design changes to help kids avoid harmful material and limit who can contact minors using messaging tools.

While that law is in limbo following a legal challenge from a tech policy group, states are undeterred.

Last year, Connecticut updated its child privacy law to include age-appropriate design language. Last week, a Vermont lawmaker introduced a bill modeled on Connecticut’s. This week, Illinois Republican state Sen. Sue Rezin will become the latest lawmaker to introduce such a bill.

Legislators in Maryland, Minnesota and New Mexico are updating bills submitted last year to better weather a legal challenge.

What’s behind the push: The state legislators believe social media is contributing to increasing rates of mental illness among children — and Congress has not taken action. There’s bipartisan support on Capitol Hill to do more, but lawmakers can’t agree on whether a national privacy standard should override state laws.

A national standard that protects all kids would be best, said Vermont state Rep. Monique Priestley, a Democrat who recently introduced a child-safe design bill. “In the meantime, there's a great network of states that are kind of coming together … to fill in that gap.”

Some tech companies are concerned that it will be difficult to comply with different laws in different states. But others see an opportunity to roll out a global standard.

WELCOME TO TUESDAY PULSE. It was so cold in Kansas City at an NFL playoff game that bottles of water froze right when they were taken out of the fridge. We hope you stayed warm this weekend. Reach us at bleonard@politico.com or ccirruzzo@politico.com. Follow along @_BenLeonard_ and @ChelseaCirruzzo.

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A message from the Coalition to Protect America's Health Care:

Hospitals Help Patients. Medicare Cuts Won’t. https://actnow.protecthealthcare.org/a/no-cuts-to-care

 
Congress

Speaker of the House Mike Johnson heads to the chamber.

House Speaker Mike Johnson and Senate Majority Leader Chuck Schumer have carved out a proposed continuing resolution to keep the government open. | J. Scott Applewhite/AP

THE CLOCK STRIKES CR — Congressional leaders have reached a deal on a stopgap funding measure to avert a government shutdown.

Lawmakers have until Friday to avoid a partial government shutdown. The proposed continuing resolution would extend funding through March 1 for the FDA and the VA and March 8 for HHS. The measure will likely require significant Democratic support in the House.

What’s in it for health care: Through March 8, the stopgap measure would:

 Continue funding for community health centers, teaching health centers and the National Health Service Corps

— Extend special diabetes programs

— Avert steep cuts to hospitals that have a high volume of uninsured and Medicaid patients

— Continue the Sexual Risk Avoidance Education Program, which aims to limit teen pregnancy and domestic violence

What’s next: The proposal doesn’t address a number of expired health programs like the SUPPORT ACT tackling the opioid epidemic; the global HIV/AIDS program, PEPFAR; and the Pandemic and All-Hazards Preparedness Act.

Lawmakers are expected to tackle them, and health price transparency legislation, in a potential March deal, if lawmakers don’t have to punt again with a fourth spending patch.

 

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Public Health

WATCH THIS SPACE New Jersey health officials on Saturday announced a confirmed case of measles. One case does not an outbreak make, but it’s the latest in a series of confirmations across the country that underscore the nation’s increasing vulnerability to a vaccine-preventable disease, Dan reports.

Six cases were confirmed in Washington state as of last week, affecting the same counties that saw a massive outbreak in 2019. And there’s an ongoing outbreak in Philadelphia where eight cases have been confirmed.

Virginia and Kansas City health officials warned Saturday about possible measles exposure at their airports. Delaware is warning of exposure at a children’s hospital.

There’s a major measles outbreak in England where health officials have confirmed more than 100 cases and dozens of children are hospitalized.

This comes as the CDC reported in November that the overall percentage of school children with a vaccine exemption increased to 3 percent during the 2022-23 school year, the highest exemption rate ever reported in the U.S. The nation’s measles vaccination rate is roughly 93 percent, which, according to the CDC, means 250,000 kindergartners are at risk for measles infection.

 

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Providers

Jesse Ehrenfeld, AMA

Dr. Jesse Ehrenfeld, president of the American Medical Association, wants Congress to reconsider its proposed cut to doctors' Medicare reimbursements. | American Medical Association

AMA CHIEF SIT-DOWN — A 3.4 percent cut to Medicare reimbursements for doctors took effect Jan. 1, and physicians are desperately trying to convince Congress to reverse it, saying it will endanger patient access.

Their best shot is coming in the weeks ahead when lawmakers must finalize new spending legislation for the Department of Health and Human Services.

Dr. Jesse Ehrenfeld, president of the American Medical Association, spoke with Daniel about the thorny policy environment doctors face.

This interview has been edited for length and clarity.

What’s your strategy to stop the cuts?

We’ve had renewed emphasis to try to educate members and their staffs about what we are up against.

We continue to collect those stories and share those stories — and they’re powerful.

When you hear about … my parents, who lost their primary care doctor because of this problem, and the pain of them having to scramble, the pain of things getting missed when records are transferred.

All of those challenges are happening in every district in America.

Has the divide between the GOP and the AMA on issues such as abortion and gender-affirming care complicated lobbying efforts?

We never shy away from our policies, and we stand for the science and the evidence. We are not a group that is willing to be held hostage.

We stand up for our patients and for patient access and for evidence-based medicine. And that’s sometimes challenging given the political circumstances, but that’s certainly who we are.

What else are you asking Congress to do?

We want the rules permitting Medicare to cover telehealth continued beyond the current sunset at the end of the year. We’ve got to fix prior authorization, and there’s an opportunity legislatively to reel in some of the Medicare Advantage plans.

But right now, Medicare reimbursement is it. I cannot emphasize enough the disaster that will occur for patients all across the country if we don’t get this fixed.

Cannabis

‘CREDIBLE SCIENTIFIC SUPPORT’ FOR MEDICAL WEED — HHS has determined that marijuana is less dangerous than other controlled substances and said it has potential in medicine, POLITICO’s Natalie Fertig reports.

The findings are a significant shift in how the federal government sees cannabis. For many decades, cannabis has been deemed a Schedule I drug — the same level as heroin — meaning it has high potential for abuse and no accepted medical use.

The agency on Friday released a 252-page review detailing why the FDA concluded that “there exists some credible scientific support” for using marijuana in medicine. HHS called for marijuana to be placed in Schedule III — the same level as ketamine, Tylenol with codeine and testosterone.

Cannabis lawyers Matt Zorn and Shane Pennington published the documents after they were released as a result of a lawsuit they brought.

What’s next: The DEA will make the final call on any potential changes to marijuana’s classification, a move expected in the months to come.

 

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Names in the News

Samantha Burch is now vice president of technology public policy at AHIP. She was director of government relations at OCHIN. 

Dr. Dana Smetherman has been named the next CEO of the American College of Radiology, beginning July 1. She’s chair of Ochsner Medical Center’s radiology department.

Shane Hand is joining AHIP as vice president of federal affairs. He was legislative director for Rep. Tom Cole (R-Okla.). 

WHAT WE'RE READING

KFF Health News reports on former Olympic gymnast Mary Lou Retton's explanation of health insurance taking some “somersaults.”

Healthcare Dive reports on UnitedHealth posting its highest medical costs since early 2020.

 

A message from the Coalition to Protect America's Health Care:

Hospitals and health systems throughout the nation are continuing to provide critical care while under serious financial strain. But corporate insurance companies are lobbying Congress to enact harmful Medicare cuts that would put patients and the hospitals they count on at risk.

These Medicare cuts are not a solution to the challenges of health care costs and access. Cutting Medicare patients’ access to hospital care will increase the financial strain on hospitals and further threaten Americans’ access to the care they need, especially in rural and underserved communities.

Get the facts: https://actnow.protecthealthcare.org/a/no-cuts-to-care

 
 

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