News | New Mexico News https://new-mexico.news Ledes from the Land of Enchantment Tue, 27 Feb 2024 11:38:58 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.3 Without Medicare Part B’s Shield, Patient’s Family Owes $81,000 for a Single Air-Ambulance Flight https://new-mexico.news/without-medicare-part-bs-shield-patients-family-owes-81000-for-a-single-air-ambulance-flight/ Tue, 27 Feb 2024 11:38:58 +0000 https://new-mexico.news/?p=46010 A photo of a woman holding a picture of her mother indoors.

Debra Prichard was a retired factory worker who was careful with her money, including what she spent on medical care, said her daughter, Alicia Wieberg. “She was the kind of person who didn’t go to the doctor for anything.” That ended last year, when the rural Tennessee resident suffered a devastating stroke and several aneurysms. […]

The post Without Medicare Part B’s Shield, Patient’s Family Owes $81,000 for a Single Air-Ambulance Flight first appeared on New Mexico News.]]>
A photo of a woman holding a picture of her mother indoors.

Debra Prichard was a retired factory worker who was careful with her money, including what she spent on medical care, said her daughter, Alicia Wieberg. “She was the kind of person who didn’t go to the doctor for anything.”

That ended last year, when the rural Tennessee resident suffered a devastating stroke and several aneurysms. She twice was rushed from her local hospital to Vanderbilt University Medical Center in Nashville, 79 miles away, where she was treated by brain specialists. She died Oct. 31 at age 70.

One of Prichard’s trips to the Nashville hospital was via helicopter ambulance. Wieberg said she had heard such flights could be pricey, but she didn’t realize how extraordinary the charge would be — or how her mother’s skimping on Medicare coverage could leave the family on the hook.

Then the bill came.

The Patient: Debra Prichard, who had Medicare Part A insurance before she died.

Medical Service: An air-ambulance flight to Vanderbilt University Medical Center.

Service Provider: Med-Trans Corp., a medical transportation service that is part of Global Medical Response, an industry giant backed by private equity investors. The larger company operates in all 50 states and says it has a total of 498 helicopters and airplanes.

Total Bill: $81,739.40, none of which was covered by insurance.

What Gives: Sky-high bills from air-ambulance providers have sparked complaints and federal action in recent years.

For patients with private insurance coverage, the No Surprises Act, which went into effect in 2022, bars air-ambulance companies from billing people more than they would pay if the service were considered “in-network” with their health insurers. For patients with public coverage, such as Medicare or Medicaid, the government sets payment rates at much lower levels than the companies charge.

But Prichard had opted out of the portion of Medicare that covers ambulance services.

That meant when the bill arrived less than two weeks after her death, her estate was expected to pay the full air-ambulance fee of nearly $82,000. The main assets are 12 acres of land and her home in Decherd, Tennessee, where she lived for 48 years and raised two children. The bill for a single helicopter ride could eat up roughly a third of the estate’s value, said Wieberg, who is executor.

The family’s predicament stems from the complicated nature of Medicare coverage.

Prichard was enrolled only in Medicare Part A, which is free to most Americans 65 or older. That section of the federal insurance program covers inpatient care, and it paid most of her hospital bills, her daughter said.

But Prichard declined other Medicare coverage, including Part B, which handles such things as doctor visits, outpatient treatment, and ambulance rides. Her daughter suspects she skipped that coverage to avoid the premiums most recipients pay, which currently are about $175 a month.

Loren Adler, a health economist for the Brookings Institution who studies ambulance bills, estimated the maximum charge that Medicare would have allowed for Prichard’s flight would have been less than $10,000 if she’d signed up for Part B. The patient’s share of that would have been less than $2,000. Her estate might have owed nothing if she’d also purchased supplemental “Medigap” coverage, as many Medicare members do to cover things like coinsurance, he said.

Nicole Michel, a spokesperson for Global Medical Response, the ambulance provider, agreed with Adler’s estimate that Medicare would have limited the charge for the flight to less than $10,000. But she said the federal program’s payment rates don’t cover the cost of providing air-ambulance services.

“Our patient advocacy team is actively engaged with Ms. Wieberg’s attorney to determine if there was any other applicable medical coverage on the date of service that we could bill to,” Michel wrote in an email to KFF Health News. “If not, we are fully committed to working with Ms. Wieberg, as we do with all our patients, to find an equitable solution.”

Wieberg says that her family’s struggle over her mother’s air-ambulance bill makes her wonder why Medicare is split into pieces, with free coverage for inpatient care under Part A but premiums for coverage of other crucial services under Part B.(Lisa Krantz for KFF Health News)

The Resolution: In mid-February, Wieberg said the company had not offered to reduce the bill.

Wieberg said she and the attorney handling her mother’s estate both contacted the company, seeking a reduction in the bill. She said she also contacted Medicare officials, filled out a form on the No Surprises Act website, and filed a complaint with Tennessee regulators who oversee ambulance services. She said she was notified Feb. 12 that the company filed a legal claim against the estate for the entire amount.

Wieberg said other health care providers, including ground ambulance services and the Vanderbilt hospital, wound up waiving several thousand dollars in unpaid fees for services they provided to Prichard that are normally covered by Medicare Part B.

But as it stands, Prichard’s estate owes about $81,740 to the air-ambulance company.

The Takeaway: People who are eligible for Medicare are encouraged to sign up for Part B, unless they have private health insurance through an employer or spouse.

“If someone with Medicare finds that they are having difficulty paying the Medicare Part B premiums, there are resources available to help compare Medicare coverage choices and learn about options to help pay for Medicare costs,” Meena Seshamani, director of the federal Center for Medicare, said in an email to KFF Health News.

She noted that every state offers free counseling to help people navigate Medicare.

In Tennessee, that counseling is offered by the State Health Insurance Assistance Program. Its director, Lori Galbreath, told KFF Health News she wishes more seniors would discuss their health coverage options with trained counselors like hers.

“Every Medicare recipient’s experience is different,” she said. “We can look at their different situations and give them an unbiased view of what their next best steps could be.”

Counselors advise that many people with modest incomes enroll in a Medicare Savings Program, which can cover their Part B premiums. In 2023, Tennessee residents could qualify for such assistance if they made less than $1,660 monthly as a single person or $2,239 as a married couple. Many people also could obtain help with other out-of-pocket expenses, such as copays for medical services.

Wieberg, who lives in Missouri, has been preparing the family home for sale.

She said the struggle over her mother’s air-ambulance bill makes her wonder why Medicare is split into pieces, with free coverage for inpatient care under Part A, but premiums for coverage of other crucial services under Part B.

“Anybody past the age of 70 is likely going to need both,” she said. “And so why make it a decision of what you can afford or not afford, or what you think you’re going to use or not use?”

A photo of a woman standing in front of a house.
Wieberg, who lives in Missouri, has been preparing to sell her mother’s Tennessee home, where she lived for 48 years before her death in October. The family faces an $81,739.40 air-ambulance bill, which Wieberg’s mom incurred before her death. She had only Medicare Part A insurance, which does not cover ambulance services.(Chris Wieberg)

Bill of the Month is a crowdsourced investigation by KFF Health News and NPR that dissects and explains medical bills. Do you have an interesting medical bill you want to share with us? Tell us about it!

The post Without Medicare Part B’s Shield, Patient’s Family Owes $81,000 for a Single Air-Ambulance Flight first appeared on New Mexico News.]]>
A Government Video Would Explain When Abortion Is Legal in South Dakota https://new-mexico.news/a-government-video-would-explain-when-abortion-is-legal-in-south-dakota/ Tue, 27 Feb 2024 10:52:37 +0000 https://new-mexico.news/?p=46007 A street sign for South Dakota Right to Life.

South Dakota lawmakers want state officials to create an educational video to help doctors understand when they can end a pregnancy without risking prison time under the state’s near-total abortion ban. It’s an example of how states are responding to the national controversy over what exceptions to abortion bans actually mean. Critics point to reports […]

The post A Government Video Would Explain When Abortion Is Legal in South Dakota first appeared on New Mexico News.]]>
A street sign for South Dakota Right to Life.

South Dakota lawmakers want state officials to create an educational video to help doctors understand when they can end a pregnancy without risking prison time under the state’s near-total abortion ban.

It’s an example of how states are responding to the national controversy over what exceptions to abortion bans actually mean. Critics point to reports of women developing dangerous complications after hospitals in states with strict abortion laws refused to terminate their pregnancies.

South Dakota legislators are moving a bill that would direct the state Department of Health to work with the attorney general and health and legal experts to create educational material, including a video, and publish it on its website.

The legislation is the first of its kind in the country, according to Susan B. Anthony Pro-Life America, an anti-abortion group.

The bill says the video would explain how South Dakota law defines abortion. Republican Rep. Taylor Rehfeldt, who introduced the bill, said treatments for miscarriages or an ectopic pregnancy —when a fertilized egg implants outside the uterus — do not count as abortions, and therefore are allowed.

The video would also discuss conditions that can threaten the life or health of a pregnant woman, and the criteria that providers might use to decide the best course of treatment. Rehfeldt said she expects the video to address when these medical conditions may need to be treated with an abortion, including how sick a patient needs to become.

Rehfeldt, a nurse anesthetist with a personal history of high-risk pregnancies, said she introduced the bill after hearing from health care providers who want guidance about the state’s abortion law.

“They said that they were confused and not sure when they can intervene,” Rehfeldt said. “I think it’s important that we provide that clarification because we all want moms to be taken care of.”

South Dakota has one of the nation’s strictest laws, prohibiting abortions unless they’re needed to save the life of a woman. There are no exceptions for preventing serious injury to the mother or in cases of fatal fetal anomalies, rape, or incest. Providing an illegal abortion is a felony that can be punished with two years in prison.

The state also has high rates of infant and maternal mortality, especially among Native Americans. Some South Dakota women have already been harmed because of the law after they were denied or received delayed abortions, according to Amy Kelley, an obstetrician and gynecologist in Sioux Falls.

The Justice through Empowerment Network, a South Dakota abortion fund, placed billboards across the state, including this one along the interstate in Rapid City. (Arielle Zionts/KFF Health News)
An anti-abortion billboard.
ProLife Across America, a national nonprofit, has placed multiple anti-abortion billboards in Rapid City, South Dakota. (Arielle Zionts/KFF Health News)

Rehfeldt is confident her bill will pass the Republican-controlled legislature because the proposal has support from the governor’s office, health department, one of the state’s largest hospital systems, and state and national anti-abortion groups.

Anti-abortion advocates support the bill even though some groups, such as the Charlotte Lozier Institute, say exceptions to abortion bans are already clear. The group says state laws use language such as “reasonable medical judgment,” terms that hospitals should understand since such standards are often used in malpractice cases.

“Abortion activists have spread the dangerous lie that pregnant women in states with pro-life laws cannot receive emergency care,” Kelsey Pritchard, a South Dakota-based official with Susan B. Anthony Pro-Life America — which is affiliated with the Lozier Institute — said in a news release. “This patently false allegation that is used to justify the abortion industry’s agenda for no limits on abortion is putting women’s lives in danger.”

But abortion rights advocates say many doctors are afraid to provide critical care because of vaguely worded exceptions to abortion bans. Many say the only way to protect providers and their patients’ health is to repeal bans.

Nisha Verma is an OB-GYN in Georgia, where abortion is generally banned once fetal cardiac activity can be detected, typically around six weeks. Verma, who has provided abortions, is also a spokesperson for the American College of Obstetricians and Gynecologists.

“I understand the desire to grasp for anything that helps us provide care for our patients,” Verma said. But “there’s no way that you can create a video that talks about any type of inclusive list of conditions where you can and can’t provide care.”

Several other states have tried to clarify exceptions to their bans, but the South Dakota bill is the most comprehensive, Pritchard said.

In Oklahoma, the attorney general’s office sent a memo on the subject to prosecutors and police. It said doctors should have “substantial leeway” to provide lifesaving abortions, and don’t need to wait until a patient is “septic, bleeding profusely, or otherwise close to death.” The memo also says doctors should be prosecuted only if there’s evidence of criminal intent or a pattern of similar behavior.

Kentucky’s attorney general wrote an advisory opinion on the topic; Louisiana’s health department published a rule listing “medically futile” fetal conditions that can legally justify an abortion. Texas lawmakers added protections for doctors who end ectopic pregnancies or pregnancies of patients whose water breaks too early for the fetus to survive. The legislation does not use the word “abortion,” and lawmakers eschewed publicity as they were passing it.

Texas’ Supreme Court, lawmakers, and several pro- and anti-abortion rights advocates have all asked the state’s medical board for more guidance. The board must respond by mid-March as to whether it will do so, according to the health care publication Stat.

Abortion rights supporters are divided about the value of supplying guidance on exceptions to the abortion law.

“I wish we weren’t having this conversation,” said South Dakota Rep. Oren Lesmeister, a Democrat. “I wish we wouldn’t have had the trigger law” that banned most abortions.

But given that the law does exist, Lesmeister decided to co-sponsor and vote for the bill in hopes it will help doctors and their patients.

Critics of the legislation include the ACLU of South Dakota, the regional Planned Parenthood organization, and the Justice through Empowerment Network, a South Dakota abortion fund.

Verma and Kelley, the obstetricians, said laws, videos, and other guidance can’t capture the complexity of when an abortion may be necessary.

For example, conditions that aren’t fatal on their own can become deadly when combined with other complications, they said. Then there’s the question of when situations become life-threatening, which can happen quickly in obstetrics.

“There’s not a line in the sand where someone goes from being totally fine to acutely dying,” Verma said.

Verma and Kelley said doctors use their own expertise but also take their patients’ views into account when responding to life-threatening situations. That’s because one patient who learns they have a 25% risk of dying might decide against continuing their pregnancy, while another might view it as a risk worth taking, they said.

Some patients are willing to die if it means their baby will live, Kelley said, and “we honor their choice even if we don’t always think that that’s the right choice.”

Rehfeldt said she understands the concerns outlined by Verma and Kelley. But she said her bill would give doctors and hospital attorneys confidence to distinguish between legal and illegal procedures.

“If you have an interpretation that’s coming from collaboration with the attorney general, as well as the pertinent medical professionals, as well as the current governor’s office, I don’t see how you would be worried about being charged with a crime,” Rehfeldt said.

Kelley said it’s difficult to feel assured by any abortion-related guidance from South Dakota government officials when it feels as if they don’t trust doctors. For example, she said, lawmakers required abortion providers to share information with patients that can be opinionated and misleading.

“So, it’s really hard for them to then say, ‘Oh, but trust us, you won’t get in trouble with this law, we’ll go with your judgment,’” Kelley said.

The post A Government Video Would Explain When Abortion Is Legal in South Dakota first appeared on New Mexico News.]]>
IVF patient vows to fight for access to treatment in Alabama following court ruling https://new-mexico.news/ivf-patient-vows-to-fight-for-access-to-treatment-in-alabama-following-court-ruling/ Mon, 26 Feb 2024 22:51:01 +0000 https://new-mexico.news/?p=46004 IVF patient vows to fight for access to treatment in Alabama following court ruling

Birmingham resident Hannah Miles has been trying to have a baby for more than three years, fighting obstacles like endometriosis, diminished ovarian reserve and cancer treatment that affected her husband’s sperm. The couple is already nearly $40,000 into the in vitro fertilization process after one failed transfer into her uterus in January. Their last embryo […]

The post IVF patient vows to fight for access to treatment in Alabama following court ruling first appeared on New Mexico News.]]>
IVF patient vows to fight for access to treatment in Alabama following court ruling

Birmingham resident Hannah Miles has been trying to have a baby for more than three years, fighting obstacles like endometriosis, diminished ovarian reserve and cancer treatment that affected her husband’s sperm. The couple is already nearly $40,000 into the in vitro fertilization process after one failed transfer into her uterus in January. Their last embryo is scheduled to be transferred on March 19.

She messaged her IVF nurse through tears earlier this week, asking if she should continue the medication injections that cost $800 per vial out of pocket to keep her endometriosis from flaring up.

Her clinic, Alabama Fertility, indicated her transfer can move forward, she said, but it has paused any new treatments or transfers because of the Feb. 16 ruling from the Alabama Supreme Court declaring that frozen embryos are equivalent to human children. The clinic made a post on its Facebook page Thursday addressed to patients.

That means Miles won’t have another shot at egg retrieval for the foreseeable future in Alabama if this one doesn’t work.

IVF requires the collection of as many eggs as possible that are then fertilized. Some that would not make it after implantation in the uterus because of abnormalities or other health factors are destroyed. That could leave clinics open to prosecution as a result of the new ruling.

“It’s heartbreaking, and it’s something you don’t think you’ll ever have to face,” Miles, 29, said. “Now we’re here, and we’re paying $20,000 a cycle in the hopes that maybe one day we’ll get a baby, and now we’re facing not even being able to pay exorbitant amounts of money to be able to have a baby.”

The 8-1 decision, authored by Justice Jay Mitchell, has already led more clinics in Alabama to pause IVF treatments, including the state’s largest hospital, the University of Alabama Birmingham, for fear of prosecution. Companies have also decided to stop shipping frozen embryos to and from Alabama, according to RESOLVE: The National Infertility Association.

The ruling came as a shock to many Americans, but experts say it is the culmination of more than 40 years of efforts to grant “personhood” status to embryos and fetuses.

State Sen. Tim Melson, chairman of the Alabama Senate Healthcare Committee, plans to introduce a bill that would protect IVF by saying an embryo should be considered a potential life but not a human life unless and until it is implanted in the uterus and a viable pregnancy can be detected. As of Friday, Feb. 23, Melson’s legislation hadn’t been introduced yet.

Miles and a few friends are hoping to make it to the Alabama Capitol on Feb. 28 for an advocacy day and to testify at a public hearing on a similar bill introduced by Democrats, House Bill 225, if it’s being heard.

“We have to do something about it,” Miles said. “It feels like there’s not much we can do, but we have to do something.”

Previous ‘personhood’ efforts failed

It’s unclear whether the bill will conflict with the concurring opinion authored by Chief Justice Tom Parker, who wrote, “… any legislative (or executive) act that contravenes the sanctity of unborn life is potentially subject to a constitutional challenge under the Alabama Constitution.”

Parker has long been active in the anti-abortion rights space, and his opinion quoted extensively from the Bible, using religious reasoning for the decision — something he has often done during his time on the court, according to ProPublica reporting from 2014. He worked at former Chief Justice Roy Moore’s think tank, the Foundation for Moral Law, which promotes the idea that the Bible should be the basis of the law in America and championed the “personhood” movement in Alabama. Parker also served as Moore’s spokesperson during the controversy over a Ten Commandments monument that ultimately got Moore ousted from his position as a judge in 2003.

Margaret Marsh, historian and professor at Rutgers University, said many anti-abortion groups have opposed the fertility treatment since the world’s first IVF baby was born in 1978, calling it a “morally abhorrent” technology and successfully lobbying against federal funding for research using human embryos.

“Their goal was to try to make sure that the American people would think of embryos as people,” Marsh said.

In 1983, the U.S. Senate held a vote on the passage of a constitutional amendment to declare that human life begins at conception, but the measure was defeated. In the following years, at least 38 states passed “fetal homicide” laws that allowed prosecution for the death of a fetus as a result of domestic violence or other assault, and some included the option to prosecute a pregnant person for using drugs that caused the death of a fetus.

But attempts to go further at the state level largely haven’t been successful, Marsh pointed out. In 2011, an initiative on the ballot in Mississippi that would have granted full personhood status to fertilized eggs failed by a vote of 57% to 42% after doctors and abortion rights groups raised concerns about the consequences it could have for birth control, IVF and other reproductive care. A similar measure in North Dakota failed in 2014 by an even wider margin, 64% to 35%.

“If these things are put to a vote, for the most part, the voters have turned them down, and I think it is likely because they are thinking of either themselves needing infertility treatment, or their friends, or their sisters,” Marsh said. “So they may be anti-abortion, but I don’t think they see assisted reproductive technology in the same way they see being pregnant and having an abortion.”

Legislation weighed in other statehouses

Several state legislatures have considered bills this year that relate to “fetal personhood” laws, including Kansas, Florida and Idaho. A bill in Idaho to change the words “embryo” and “fetus” in state law to “preborn children” was pulled back earlier in the session when a doctor from a local IVF clinic raised concerns about its implications for fertility treatments.

Kansas’ bill specifies that the embryo must be “in utero,” but it would allow pregnant people to seek child support at any stage of gestation. Representatives for Planned Parenthood in Kansas said it’s a tactic to open the door for anti-abortion laws, two years after voters soundly rejected an attempt to amend the constitution to ban abortion in the state.

In Florida, the legislature is considering a bill that would add a fetus to those who could be counted in a wrongful death lawsuit. An amendment would establish that the fetus is a person from conception, according to Florida Phoenix.

The state with one of the most successful personhood laws is Georgia, where abortion is banned after six weeks, and any embryo or fetus with detectable cardiac activity can be claimed as a dependent on a resident’s tax returns.

Shana Gadarian, a political scientist professor at Syracuse University who studies public opinion, said despite the support at the legislative level for such laws, she’s not sure this latest development out of Alabama will be politically popular with the majority of the country.

“IVF is a pretty common procedure now, and if someone directly hasn’t gone through it, it is relatively common among groups that are more likely to be conservative,” Gadarian said. “These are procedures people think of as important in their own lives and are probably separable from abortion.”

Polling from Pew Research Center in 2023 found that 42% of adults in the U.S. say they or someone they know has used fertility treatments, and a majority of Democrats and Republicans surveyed thought insurance should cover the treatments. Less than half of the country has mandated insurance coverage for IVF, according to Stateline.

Whatever happens next, Miles said she’s ready to contact her representatives at the local, state and federal levels to change the laws, including helping to elect Democrat Greg Griffin, who’s running to replace Parker as chief justice of the Alabama Supreme Court.

“Until IVF is protected at the federal level, we are all at risk of having something like this happen,” Miles said. “There is no one angrier at the world than someone going through IVF. They’ve pissed off the wrong people.”

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The post IVF patient vows to fight for access to treatment in Alabama following court ruling first appeared on New Mexico News.]]>
California Gov. Newsom Wants Voters to Approve Billions More to Help the Homeless. Will It Help? https://new-mexico.news/california-gov-newsom-wants-voters-to-approve-billions-more-to-help-the-homeless-will-it-help/ Mon, 26 Feb 2024 14:06:38 +0000 https://new-mexico.news/?p=46001 Samuel Buckles, an older man, sits on the ground outside with his dog in his lap. The small black dog reaches up to lick Buckles' face. Behind them is a green tent, where Buckles resides.

SACRAMENTO, Calif. — California voters will decide March 5 whether to pump billions more dollars into combating the nation’s worst homelessness crisis, an investment Democratic Gov. Gavin Newsom argues will finally provide the housing and treatment so badly needed by tens of thousands of homeless people. Newsom is spearheading Proposition 1, a $6.4 billion bond […]

The post California Gov. Newsom Wants Voters to Approve Billions More to Help the Homeless. Will It Help? first appeared on New Mexico News.]]>
Samuel Buckles, an older man, sits on the ground outside with his dog in his lap. The small black dog reaches up to lick Buckles' face. Behind them is a green tent, where Buckles resides.

SACRAMENTO, Calif. — California voters will decide March 5 whether to pump billions more dollars into combating the nation’s worst homelessness crisis, an investment Democratic Gov. Gavin Newsom argues will finally provide the housing and treatment so badly needed by tens of thousands of homeless people.

Newsom is spearheading Proposition 1, a $6.4 billion bond he says would fund 11,150 new beds and housing units for people living on the streets with untreated mental illness or addiction, and ongoing capacity for 26,700 additional outpatient appointments. It would also alter how $3 billion to $4 billion in existing annual tax funding for mental health services is spent, funneling a hefty portion of it into housing.

Many authorities on mental health and homelessness agree California desperately needs thousands more housing units and treatment beds to successfully attack the growing public health crisis. Health and law enforcement groups have lined up behind the initiative, as have the mayors of the state’s major cities.

Homelessness statistics in California have risen a staggering 20% since Newsom took office in 2019, to more than 180,000 people — 68% of them on the streets and not in shelters. The numbers are growing despite Newsom’s unprecedented investment of more than $20 billion in homelessness programs, plus billions more for health and social services.

Yet many of the front-line workers implementing Newsom’s initiatives fear that Proposition 1 would simply pour more money into a broken homelessness response system that is largely failing to house those in need.

Rather than focus on getting homeless people into mental health and addiction programs — and ultimately into housing — many caseworkers say they waste precious time and taxpayer dollars searching for their homeless clients after encampments have been cleared by state and local officials, a policy Newsom has encouraged, not only for the safety of homeless people but for those in surrounding neighborhoods.

Once they locate their clients, advocates must help them — often repeatedly — obtain food, clothing, and medication refills, and replace official government documents like birth certificates and IDs. “You can’t get housing without that stuff,” said Afton Francik, an outreach worker with the Sacramento-based nonprofit Hope Cooperative, which is implementing several of Newsom’s homelessness and mental health initiatives.

Outreach workers Greg Stupplebeen (from left), John Harding, and Afton Francik, who work for the nonprofit homeless services organization Hope Cooperative, comb the streets of Sacramento searching for homeless people who need housing and services.(Angela Hart/KFF Health News)

Perhaps the biggest challenge they face, outreach workers and case managers say, is rebuilding the trust that took time to establish — and which they say is essential to getting people into treatment and housing.

“It makes it so much harder to even find people or help them get into housing because you have to go back and repeat that work you already did,” Francik said.

Newsom says California has placed at least 71,000 people indoors — either in permanent or temporary housing — since he took office in 2019. State money flows to cities and counties, which have opened at least 15,000 housing units and 2,485 residential treatment beds, plus additional outpatient capacity, during his tenure.

Newsom has also revamped health programs to get people off the streets, including a massive $12 billion transformation of the state Medicaid health insurance program that provides some patients with housing and one-on-one case management services.

As he promotes Proposition 1, Newsom is calling for stricter enforcement, saying he feels a deep responsibility to keep California’s streets clean and safe, and to respond to growing neighborhood concerns about trash, mental illness, crime, and drugs. He has acknowledged that sweeps can traumatize homeless people but argues that local officials who receive state money to clear encampments are supposed to find shelter or treatment for those displaced.

Sacramento County Sheriff Jim Cooper, who supports Proposition 1, said sweeps are sometimes necessary for public health and safety.

“This is a huge drain on public resources and emergency services,” Cooper said. “Drugs are everywhere. There is so much mental illness. We’ve got to get these folks the help and treatment they need.”

But critics of the sweeps argue that it’s inhumane to forcibly move people without providing shelter or housing. “We’re seeing a ton of enforcement, but there’s literally nowhere to put people,” said Crystal Sanchez, president of the Sacramento Homeless Union.

Newsom acknowledged the state doesn’t have enough housing for everyone who needs it, and that Proposition 1 is part of the solution. The measure would expand his existing housing and treatment programs, which do not trigger the land use and environmental reviews that often delay or kill new projects.

“We are in a unique position to take what we have been promoting — these promises — and make them real,” Newsom said in January.

Greg Stupplebeen works on a tablet that is propped up on the back of a car.
Greg Stupplebeen uses his tablet in the field to get homeless clients into the Homeless Management Information System, which is used to place people into housing.(Angela Hart/KFF Health News)

Like all of Newsom’s homeless housing initiatives, Proposition 1 would rely on outreach teams and caseworkers to help homeless people obtain services and housing.

But in boots-on-the-ground interviews from rural Northern California to San Diego, such workers said it would be difficult to get more people into housing if they must continue picking up the pieces after encampment clearings — a policy the U.S. Supreme Court will scrutinize in April.

The question the court will consider is whether to allow criminal or civil penalties against homeless people living outdoors if no shelter or housing is available. Newsom said in an amicus brief that cities and counties should be allowed to clear encampments, signaling he has no plans to retreat from the policy.

“When encampments are being cleared by law enforcement, it totally upends people’s lives and violates that trust in a way that they’re going to be more resistant to help,” said Hannah Wesolowski, chief advocacy officer for the National Alliance on Mental Illness, whose California chapter supports the ballot initiative. “If someone has a mental illness and is unhoused, trust is the most important thing in trying to engage them in treatment and actually getting them into housing.”

Take Samuel Buckles, a longtime Sacramento resident who said he struggles with mental health and is addicted to fentanyl. Buckles, 53, lost his home in a fire and then his job early in the covid-19 pandemic. Since then, he has worked odd jobs as a handyman and purchased a recreational vehicle that he parked around Sacramento and called home.

Samuel Buckles stands to the left of the image and looks at his encampment area as he prepares to leave the area. His tent and belongings are organized on the grass and sidewalk.
Samuel Buckles prepares to pack his tent and belongings on a recent rainy day in February after code enforcement officials told him to leave the private property where he was camping. His RV had been confiscated just days earlier in a homeless sweep.(Angela Hart/KFF Health News)

When law enforcement officials cleared his camp in early February, they confiscated his RV because he had allowed the registration to lapse. He lost his birth certificate and Social Security card, all his medications for diabetes and high blood pressure, his extra clothing, and a fridge packed with groceries he’d recently purchased with his food stamp benefits.

“That was my home and everything I had in the world,” Buckles said on a cold February morning from his new form of shelter: a tent donated by outreach workers.

It was the first time in years he said he had truly felt homeless.

In mid-February, law enforcement cleared the encampment he had relocated to, forcing him to move again. Feeling despondent, he said he had given up on the promise of housing. “Please make this pain stop. I don’t know how much more I can take,” he said.

Buckles was able to grab a few possessions from his RV after it was confiscated, but replacing the documents he needs for housing may take months and repeat visits by outreach workers, said Greg Stupplebeen, an outreach manager with Hope Cooperative.

Even if Buckles had his paperwork in order, “there’s nowhere to put anybody right now,” Stupplebeen told him.

Samuel Buckles stands outside and holds his dog in his arms. The dog is a small mixed-breed with black fur and a few white spots on its underside.
Samuel Buckles with his dog in Sacramento. He has been homeless for years. “Please make this pain stop. I don’t know how much more I can take,” he said.(Angela Hart/KFF Health News)

This article was produced by KFF Health News, which publishes California Healthline, an editorially independent service of the California Health Care Foundation. 

The post California Gov. Newsom Wants Voters to Approve Billions More to Help the Homeless. Will It Help? first appeared on New Mexico News.]]>
If You’re Poor, Fertility Treatment Can Be Out of Reach https://new-mexico.news/if-youre-poor-fertility-treatment-can-be-out-of-reach/ Mon, 26 Feb 2024 13:20:51 +0000 https://new-mexico.news/?p=45998 A positive pregnancy test rests on top of multiple $100 bills.

Mary Delgado’s first pregnancy went according to plan, but when she tried to get pregnant again seven years later, nothing happened. After 10 months, Delgado, now 34, and her partner, Joaquin Rodriguez, went to see an OB-GYN. Tests showed she had endometriosis, which was interfering with conception. Delgado’s only option, the doctor said, was in […]

The post If You’re Poor, Fertility Treatment Can Be Out of Reach first appeared on New Mexico News.]]>
A positive pregnancy test rests on top of multiple $100 bills.

Mary Delgado’s first pregnancy went according to plan, but when she tried to get pregnant again seven years later, nothing happened. After 10 months, Delgado, now 34, and her partner, Joaquin Rodriguez, went to see an OB-GYN. Tests showed she had endometriosis, which was interfering with conception. Delgado’s only option, the doctor said, was in vitro fertilization.

“When she told me that, she broke me inside,” Delgado said, “because I knew it was so expensive.”

Delgado, who lives in New York City, is enrolled in Medicaid, the federal-state health program for low-income and disabled people. The roughly $20,000 price tag for a round of IVF would be a financial stretch for lots of people, but for someone on Medicaid — for which the maximum annual income for a two-person household in New York is just over $26,000 — the treatment can be unattainable.

Expansions of work-based insurance plans to cover fertility treatments, including free egg freezing and unlimited IVF cycles, are often touted by large companies as a boon for their employees. But people with lower incomes, often minorities, are more likely to be covered by Medicaid or skimpier commercial plans with no such coverage. That raises the question of whether medical assistance to create a family is only for the well-to-do or people with generous benefit packages.

“In American health care, they don’t want the poor people to reproduce,” Delgado said. She was caring full-time for their son, who was born with a rare genetic disorder that required several surgeries before he was 5. Her partner, who works for a company that maintains the city’s yellow cabs, has an individual plan through the state insurance marketplace, but it does not include fertility coverage.

Years after she had her first child, Joaquin (left), Mary Delgado found out that she had endometriosis and that IVF was her only option to get pregnant again. The news from her doctor “broke me inside,” Delgado says, “because I knew it was so expensive.” Delgado, who is on Medicaid, traveled more than 300 miles round trip for lower-cost IVF, and she and her partner, Joaquin Rodriguez, used savings they’d set aside for a home. Their daughter, Emiliana, is now almost a year old.(Joaquin Rodriguez)

Some medical experts whose patients have faced these issues say they can understand why people in Delgado’s situation think the system is stacked against them.

“It feels a little like that,” said Elizabeth Ginsburg, a professor of obstetrics and gynecology at Harvard Medical School who is president-elect of the American Society for Reproductive Medicine, a research and advocacy group.

Whether or not it’s intended, many say the inequity reflects poorly on the U.S.

“This is really sort of standing out as a sore thumb in a nation that would like to claim that it cares for the less fortunate and it seeks to do anything it can for them,” said Eli Adashi, a professor of medical science at Brown University and former president of the Society for Reproductive Endocrinologists.

Yet efforts to add coverage for fertility care to Medicaid face a lot of pushback, Ginsburg said.

Over the years, Barbara Collura, president and CEO of the advocacy group Resolve: The National Infertility Association, has heard many explanations for why it doesn’t make sense to cover fertility treatment for Medicaid recipients. Legislators have asked, “If they can’t pay for fertility treatment, do they have any idea how much it costs to raise a child?” she said.

“So right there, as a country we’re making judgments about who gets to have children,” Collura said.

The legacy of the eugenics movement of the early 20th century, when states passed laws that permitted poor, nonwhite, and disabled people to be sterilized against their will, lingers as well.

“As a reproductive justice person, I believe it’s a human right to have a child, and it’s a larger ethical issue to provide support,” said Regina Davis Moss, president and CEO of In Our Own Voice: National Black Women’s Reproductive Justice Agenda, an advocacy group.

But such coverage decisions — especially when the health care safety net is involved — sometimes require difficult choices, because resources are limited.

Even if state Medicaid programs wanted to cover fertility treatment, for instance, they would have to weigh the benefit against investing in other types of care, including maternity care, said Kate McEvoy, executive director of the National Association of Medicaid Directors. “There is a recognition about the primacy and urgency of maternity care,” she said.

Medicaid pays for about 40% of births in the United States. And since 2022, 46 states and the District of Columbia have elected to extend Medicaid postpartum coverage to 12 months, up from 60 days.

Fertility problems are relatively common, affecting roughly 10% of women and men of childbearing age, according to the National Institute of Child Health and Human Development.

Traditionally, a couple is considered infertile if they’ve been trying to get pregnant unsuccessfully for 12 months. Last year, the ASRM broadened the definition of infertility to incorporate would-be parents beyond heterosexual couples, including people who can’t get pregnant for medical, sexual, or other reasons, as well as those who need medical interventions such as donor eggs or sperm to get pregnant.

The World Health Organization defined infertility as a disease of the reproductive system characterized by failing to get pregnant after a year of unprotected intercourse. It terms the high cost of fertility treatment a major equity issue and has called for better policies and public financing to improve access.

No matter how the condition is defined, private health plans often decline to cover fertility treatments because they don’t consider them “medically necessary.” Twenty states and Washington, D.C., have laws requiring health plans to provide some fertility coverage, but those laws vary greatly and apply only to companies whose plans are regulated by the state.

In recent years, many companies have begun offering fertility treatment in a bid to recruit and retain top-notch talent. In 2023, 45% of companies with 500 or more workers covered IVF and/or drug therapy, according to the benefits consultant Mercer.

But that doesn’t help people on Medicaid. Only two states’ Medicaid programs provide any fertility treatment: New York covers some oral ovulation-enhancing medications, and Illinois covers costs for fertility preservation, to freeze the eggs or sperm of people who need medical treatment that will likely make them infertile, such as for cancer. Several other states also are considering adding fertility preservation services.

In Delgado’s case, Medicaid covered the tests to diagnose her endometriosis, but nothing more. She was searching the internet for fertility treatment options when she came upon a clinic group called CNY Fertility that seemed significantly less expensive than other clinics, and also offered in-house financing. Based in Syracuse, New York, the company has a handful of clinics in upstate New York cities and four other U.S. locations.

Though Delgado and her partner had to travel more than 300 miles round trip to Albany for the procedures, the savings made it worthwhile. They were able do an entire IVF cycle, including medications, egg retrieval, genetic testing, and transferring the egg to her uterus, for $14,000. To pay for it, they took $7,000 of the cash they’d been saving to buy a home and financed the other half through the fertility clinic.

She got pregnant on the first try, and their daughter, Emiliana, is now almost a year old.

Delgado doesn’t resent people with more resources or better insurance coverage, but she wishes the system were more equitable.

“I have a medical problem,” she said. “It’s not like I did IVF because I wanted to choose the gender.”

One reason CNY is less expensive than other clinics is simply that the privately owned company chooses to charge less, said William Kiltz, its vice president of marketing and business development. Since the company’s beginning in 1997, it has become a large practice with a large volume of IVF cycles, which helps keep prices low.

At this point, more than half its clients come from out of state, and many earn significantly less than a typical patient at another clinic. Twenty percent earn less than $50,000, and “we treat a good number who are on Medicaid,” Kiltz said.

Now that their son, Joaquin, is settled in a good school, Delgado has started working for an agency that provides home health services. After putting in 30 hours a week for 90 days, she’ll be eligible for health insurance.

One of the benefits: fertility coverage.

The post If You’re Poor, Fertility Treatment Can Be Out of Reach first appeared on New Mexico News.]]>
Horse Sedative Use Among Humans Spreads in Deadly Mixture of ‘Tranq’ and Fentanyl https://new-mexico.news/horse-sedative-use-among-humans-spreads-in-deadly-mixture-of-tranq-and-fentanyl/ Mon, 26 Feb 2024 12:34:35 +0000 https://new-mexico.news/?p=45995 A photo of a woman with gloved hands pricking a man's finger to test for diseases.

TREASURE ISLAND, Fla. — Andrew McClave Jr. loved to lift weights. The 6-foot-4-inch bartender resembled a bodybuilder and once posed for a photo flexing his muscles with former pro wrestler Hulk Hogan. “He was extremely dedicated to it,” said his father, Andrew McClave Sr., “to the point where it was almost like he missed his […]

The post Horse Sedative Use Among Humans Spreads in Deadly Mixture of ‘Tranq’ and Fentanyl first appeared on New Mexico News.]]>
A photo of a woman with gloved hands pricking a man's finger to test for diseases.

TREASURE ISLAND, Fla. — Andrew McClave Jr. loved to lift weights. The 6-foot-4-inch bartender resembled a bodybuilder and once posed for a photo flexing his muscles with former pro wrestler Hulk Hogan.

“He was extremely dedicated to it,” said his father, Andrew McClave Sr., “to the point where it was almost like he missed his medication if he didn’t go.”

But the hobby took its toll. According to a police report, a friend told the Treasure Island Police Department that McClave, 36, suffered from back problems and took unprescribed pills to reduce the pain.

In late 2022, the friend discovered McClave in bed. He had no pulse. A medical examiner determined he had a fatal amount of fentanyl, cocaine, and xylazine, a veterinary tranquilizer used to sedate horses, in his system, an autopsy report said. Heart disease was listed as a contributing factor.

McClave is among more than 260 people across Florida who died in one year from accidental overdoses involving xylazine, according to a Tampa Bay Times analysis of medical examiner data from 2022, the first year state officials began tracking the substance. Numbers for 2023 haven’t been published.

The death toll reflects xylazine’s spread into the nation’s illicit drug supply. Federal regulators approved the tranquilizer for animals in the early 1970s and it’s used to sedate horses for procedures like oral exams and colic treatment, said Todd Holbrook, an equine medicine specialist at the University of Florida. Reports of people using xylazine emerged in Philadelphia, then the drug spread south and west.

Used syringes fill a biohazard container at IDEA Exchange Pinellas, an anonymous needle exchange.(Dirk Shadd/Tampa Bay Times)

What’s not clear is exactly what role the sedative plays in overdose deaths, because the Florida data shows no one fatally overdosed on xylazine alone. The painkiller fentanyl was partly to blame in all but two cases in which the veterinary drug was included as a cause of death, according to the Times analysis. Cocaine or alcohol played roles in the cases in which fentanyl was not involved.

Fentanyl is generally the “800-pound gorilla,” according to Lewis Nelson, chair of the emergency medicine department at Rutgers New Jersey Medical School, and xylazine may increase the risk of overdose, though not substantially.

But xylazine appears to complicate the response to opioid overdoses when they do happen and makes it harder to save people. Xylazine can slow breathing to dangerous levels, according to federal health officials, and it doesn’t respond to the overdose reversal drug naloxone, often known by the brand name Narcan. Part of the problem is that many people may not know they are taking the horse tranquilizer when they use other drugs, so they aren’t aware of the additional risks.

Lawmakers in Tallahassee made xylazine a Schedule 1 drug like heroin or ecstasy in 2016, and several other states including Pennsylvania, Ohio, and West Virginia have taken action to classify it as a scheduled substance, too. But it’s not prohibited at the federal level. Legislation pending in Congress would criminalize illicit xylazine use nationwide.

The White House in April designated the combination of fentanyl and xylazine, often called “tranq dope,” as an emerging drug threat. A study of 20 states and Washington, D.C., found that overdose deaths attributed to both illicit fentanyl and xylazine exploded from January 2019 to June 2022, jumping from 12 a month to 188.

“We really need to continue to be proactive,” said Amanda Bonham-Lovett, program director of a syringe exchange in St. Petersburg, “and not wait until this is a bigger issue.”

‘A Good Business Model’

There are few definitive answers about why xylazine use has spread — and its impact on people who consume it.

The U.S. Drug Enforcement Administration in September said the tranquilizer is entering the country in several ways, including from China and in fentanyl brought across the southwestern border. The Florida attorney general’s office is prosecuting an Orange County drug trafficking case that involves xylazine from a New Jersey supplier.

Bonham-Lovett, who runs IDEA Exchange Pinellas, the county’s anonymous needle exchange, said some local residents who use drugs are not seeking out xylazine — and don’t know they’re consuming it.

One theory is that dealers are mixing xylazine into fentanyl because it’s cheap and also affects the brain, Nelson said.

“It’s conceivable that if you add a psychoactive agent to the fentanyl, you can put less fentanyl in and still get the same kick,” he said. “It’s a good business model.”

A photo of a woman's hands holding a package of Narcan.
Narcan nasal spray is available at IDEA Exchange Pinellas. The medication is used to revive someone during an opioid overdose and is available as an over-the-counter treatment, but it doesn’t reverse the effects of xylazine.(Dirk Shadd/Tampa Bay Times)

In Florida, men accounted for three-quarters of fatal overdoses involving xylazine, according to the Times analysis. Almost 80% of those who died were white. The median age was 42.

Counties on Florida’s eastern coast saw the highest death tolls. Duval County topped the list with 46 overdoses. Tampa Bay recorded 19 fatalities.

Cocaine was also a cause in more than 80 cases, including McClave’s, the Times found. The DEA in 2018 warned of cocaine laced with fentanyl in Florida.

In McClave’s case, Treasure Island police found what appeared to be marijuana and a small plastic bag with white residue in his room, according to a police report. His family still questions how he took the powerful drugs and is grappling with his death.

He was an avid fisherman, catching snook and grouper in the Gulf of Mexico, said his sister, Ashley McClave. He dreamed of being a charter boat captain.

“I feel like I’ve lost everything,” his sister said. “My son won’t be able to learn how to fish from his uncle.”

Mysterious Wounds

Another vexing challenge for health officials is the link between chronic xylazine use and open wounds.

The wounds are showing up across Tampa Bay, needle exchange leaders said. The telltale sign is blackened, crusty tissue, Bonham-Lovett said. Though the injuries may start small — the size of a dime — they can grow and “take over someone’s whole limb,” she said.

Even those who snort fentanyl, instead of injecting it, can develop them. The phenomenon is unexplained, Nelson said, and is not seen in animals.

IDEA Exchange Pinellas has recorded at least 10 cases since opening last February, Bonham-Lovett said, and has a successful treatment plan. Staffers wash the wounds with soap and water, then dress them.

A photo of various medical supplies arranged on a table.
Wound care items, along with new syringes and the opioid reversal medication Narcan, are available at IDEA Exchange Pinellas. Since opening a year ago, the program has recorded at least 10 cases of xylazine-related wounds, which staffers wash with soap and water, and then dress.(Dirk Shadd/Tampa Bay Times)

One person required hospitalization partly due to xylazine’s effects, Bonham-Lovett said. A 31-year-old St. Petersburg woman, who asked not to be named due to concerns over her safety and the stigma of drug use, said she was admitted to St. Anthony’s Hospital in 2023. The woman, who said she uses fentanyl daily, had a years-long staph infection resistant to some antibiotics, and a wound recently spread across half her thigh.

The woman hadn’t heard of xylazine until IDEA Exchange Pinellas told her about the drug. She’s thankful she found out in time to get care.

“I probably would have lost my leg,” she said.

This article was produced in partnership with the Tampa Bay Times.

The post Horse Sedative Use Among Humans Spreads in Deadly Mixture of ‘Tranq’ and Fentanyl first appeared on New Mexico News.]]>
Bail clampdowns don’t match what research says about suspects, experts say https://new-mexico.news/bail-clampdowns-dont-match-what-research-says-about-suspects-experts-say/ Sun, 25 Feb 2024 22:49:29 +0000 https://new-mexico.news/?p=45992 Bail clampdowns don’t match what research says about suspects, experts say

Crime is shaping up as a potent election issue, and one of the key points of debate is over bail: Which suspects should be jailed before trial, and which ones should be released on bond — and for how much money? Some conservatives argue that lenient bail policies put suspects who are likely to commit […]

The post Bail clampdowns don’t match what research says about suspects, experts say first appeared on New Mexico News.]]>
Bail clampdowns don’t match what research says about suspects, experts say

Crime is shaping up as a potent election issue, and one of the key points of debate is over bail: Which suspects should be jailed before trial, and which ones should be released on bond — and for how much money?

Some conservatives argue that lenient bail policies put suspects who are likely to commit crimes before their upcoming court hearings, or who might skip bail altogether, back on the street. But some progressives say research does not support that contention. They argue that detaining defendants because they can’t afford financial bonds is unfair, and note that such defendants are disproportionately Black, Latino and low income.

Illinois, New Jersey and New Mexico have moved away from the use of money bonds. But other states, such as Georgia and New York, are moving in the opposite direction, implementing stricter rules. Tennessee is considering a constitutional amendment that would give judges more discretion to deny bail amid concerns about rising crime rates.

Politicians on both sides of the debate often connect bail policy to crime rates. But experts say doing so is problematic, because so much of the crime data that states and cities use is unreliable.

The reality, experts say, is that most crime data is too unreliable to pinpoint specific policies as the sole cause of increasing or decreasing crime rates. The bail system also is oftentimes misunderstood as a form of punishment rather than the process for releasing individuals before trial under certain conditions.

“There’s nothing out there that shows a correlation or a connection of any sort between increasing the rates of pretrial release and the rates of crime,” said Spurgeon Kennedy, vice president of the Crime and Justice Institute, a nonprofit criminal justice research organization. Kennedy previously served as president of the National Association of Pretrial Services Agencies.

These misconceptions about crime can leave voters vulnerable to misinformation ahead of local and national elections.

“If you ask the typical person on the streets, ‘Do you think crime is up or down over the last year,’ they will tell you, ‘Oh, it’s up. It’s way up.’ But we’ve seen reductions in crime overall and also in violent crime,” Kennedy said. “So the facts don’t follow the argument, and that’s unfortunate because that makes it much more easier to keep this out as a political football.”

Both chambers of Georgia’s legislature passed a bill this month that would add 30 additional felony and misdemeanor crimes to the state’s list of bail-restricted offenses, which means that people accused of those crimes would be required to post cash bail. They include charges of unlawful assembly, racketeering, domestic terrorism and possession of marijuana.

The bill also would prevent any individuals or organizations from posting cash bail more than three times per year unless they establish themselves as bail bonding companies, severely limiting charitable bail funds. The bill is now headed to Republican Gov. Brian Kemp’s desk.

There’s nothing out there that shows a correlation or a connection of any sort between increasing the rates of pretrial release and the rates of crime.

– Spurgeon Kennedy, vice president of the Crime and Justice Institute

Some criminal justice advocates say the bill, if enacted, would clash with changes made by a 2018 law to the state’s legal system for people accused of misdemeanors. That law, which was championed by former Republican Gov. Nathan Deal, mandates that judges take into account the financial circumstances of the accused when setting bail.

Proponents of the new bill, which was first introduced last year, argue that the measure is necessary to deter crime, support victims of crimes and hold repeat offenders accountable. State Sen. Randy Robertson, who sponsored the bill, said it focuses on people accused of violent crimes.

“What we’re focusing on is trying to get the nonviolent individuals back out into the workforce and back to their families,” Robertson said in an interview. Robertson, a Republican, argued that the bill would also lead to a “dramatic decrease” in the state’s jail population because it offers a pathway for organizations, such as churches and nonprofits, to set themselves up as bail bonding companies.

Those organizations would have to meet the same legal requirements as bond companies, including undergoing background checks, paying fees, and having an application approved by a local sheriff’s department.

Some opponents, though, argue that it would lead to overcrowding of jails and disproportionately harm low-income and Black and Hispanic communities. The ACLU of Georgia has threatened to sue the state if the bill is signed into law, arguing that it’s unconstitutional.

Robertson said that some of the criticisms raised are “rehash complaints” he has heard for the past 25 or 30 years.

“There has been no evidence, independent research that shows placing low bails, allowing judges to set bails at whatever they choose to, keeps a disproportionate amount of individuals held in our jails,” Robertson said. “I don’t think that [this bill] touches the third rail of constitutionality at all.”

Pretrial data and research

Several research studies, though, suggest that setting money bail isn’t effective in ensuring court appearances or improving public safety.

Pretrial policy experts say that being in jail for even a few days or weeks can cost people their homes or jobs or damage their personal relationships, said Matt Alsdorf, an associate director with the Center for Effective Public Policy and the co-director of the group’s Advancing Pretrial Policy and Research project.

“The use of unnecessary detention has negative impacts, even if you’re just looking at it through a public safety or crime prevention lens,” he said.

 

Pretrial recidivism has long been studied by criminal justice experts: A 2013 study of more than 150,000 people who were jailed in Kentucky found that longer detention periods increased the likelihood that people would be rearrested both during the pretrial period and within the first two years following the closure of their case. The study also found that people who were held for two or three days had a 9% greater likelihood of failing to appear in court than people who were held for one day.

Furthermore, a study published in the Criminology & Public Policy journal last year found that Black defendants were 34% more likely than white defendants to be recommended to be held behind bars until their cases were resolved.

“The money bond system is a very regressive system that effectively ends up acting as a means of incarcerating populations that are typically already disadvantaged,” Alsdorf said.

In places that have relaxed their bail practices, audits show that pretrial jail populations usually drop following the changes. In some jurisdictions, there also are fewer arrests for certain types of offenses.

In Houston, a lawsuit claiming misdemeanor bail practices in Harris County were unconstitutional led to a settlement and consent decree in 2019. The county is required to release most people charged with misdemeanors on a personal bond, meaning defendants simply promise to attend their next court date.

In the latest independent monitoring report on the system, from 2023, observers wrote that the changes “have saved Harris County and residents many millions of dollars, improved the lives of tens of thousands of persons,” and resulted in “no increase in new offenses by persons arrested for misdemeanors.”

Brandon Garrett, the lead monitor and a Duke University School of Law professor, said in an interview that racial disparities “vanished overnight” after bail practices were relaxed. The monitors have also found an overall decline of about 8% in misdemeanor arrests between 2019 and 2022.

“There were real concerns about the racial disparities of the old cash bail system, and it was pretty remarkable just how quickly those disparities — in terms of who ended up in jail and who didn’t — vanished,” Garrett said.

‘Intentional and deliberate’

In 2017, New Jersey moved away from the use of cash bail in favor of the Public Safety Assessment, an algorithm tool that uses nine factors from an individual’s criminal history to predict their likelihood of returning to court for future hearings and remaining crime-free while on pretrial release.

The changes encouraged more “intentional and deliberate” detention hearings, recalled now-retired trial court Judge Martin Cronin, who sat on the committee that unanimously recommended the switch to a more risk-based bail system.

Cronin, now a consultant with Pretrial Justice Solutions, LLC, said the state’s new system offers more accountability and transparency.

“You’re focused on what are the permissible reasons for detention and how does the record tie into that, individualized to that defendant who’s in front of you,” Cronin told Stateline. “There is real accountability there. … It’s a fundamentally different process.”

Between 2015 and 2023, New Jersey’s pretrial jail population decreased by 27.2%, according to the state judiciary’s Criminal Justice Reform Statistics report last year.

Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: [email protected]. Follow Stateline on Facebook and Twitter.

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Lawmakers for second year kick ethics fixes down the road https://new-mexico.news/lawmakers-for-second-year-kick-ethics-fixes-down-the-road/ Sat, 24 Feb 2024 22:49:00 +0000 https://new-mexico.news/?p=45989 Lawmakers for second year kick ethics fixes down the road

An effort to fix the state’s anti-corruption statute after the New Mexico Supreme Court barred prosecutors from bringing criminal charges under several of its provisions died in the state Senate. The legislation languished in a committee after clearing the House 66-0 with two weeks to go in the legislative session, which ended at noon Feb. […]

The post Lawmakers for second year kick ethics fixes down the road first appeared on New Mexico News.]]>
Lawmakers for second year kick ethics fixes down the road

An effort to fix the state’s anti-corruption statute after the New Mexico Supreme Court barred prosecutors from bringing criminal charges under several of its provisions died in the state Senate. The legislation languished in a committee after clearing the House 66-0 with two weeks to go in the legislative session, which ended at noon Feb. 15.

Gov. Michelle Lujan Grisham greenlighted the effort to fix the ethics law as the session kicked off in January. House Bill 8, sponsored by Rep. Kathleen Cates, D-Rio Rancho, would have fixed the Governmental Conduct Act, which provides standards for ethical conduct on the part of public officials, employees of state or local agencies, and lawmakers.

The New Mexico Supreme Court ruled that three of the statute’s four provisions used by prosecutors were too vaguely written to result in criminal charges.

Justices considered the statute in a consolidated case involving a county treasurer who offered money to an employee for sex; a district attorney who used her position to intimidate officers investigating her use of a public vehicle for personal reasons; a judge who illegally recorded private conversations in a courthouse; and a state cabinet secretary who used her position to access the tax records of a previous employer. In the latter case, prosecutors alleged she was trying to prevent an audit of that employer because she had embezzled money from them. (Her embezzlement conviction was later overturned on appeal with the court saying the statute of limitations had run out.)

After the Supreme Court ruling, prosecutors couldn’t criminally charge these public officials for state ethics violations.

The proposed fixes to the ethics law included barring partisan political activity while on duty or undertaking it in a way that uses public resources. And the legislation sought to clarify when actions amount to abuse of office, misuse of public property, seeking financial gain from official acts, or quid pro quo corruption.

The rewrite of the law moved through the House of Representatives fairly quickly, but stalled for almost two weeks in the Senate after being assigned to that chamber’s Judiciary committee. It finally received a short hearing Wednesday, with lawmakers questioning measures in the bill but not taking it to a vote.

One committee member, Sen. Daniel Ivey-Soto, D-Albuquerque, didn’t think the bill was clear on how the bill protects lawmakers from unwarranted charges of corruption.

Ivey-Soto asked how lawmakers who recuse themselves because of a conflict of interest are protected under a proposed provision seeking to prevent them from voting or omitting to vote on a matter in exchange for financial benefit.

He described a scenario where a lawmaker might recuse themselves from voting because of a conflict of interest, and the vote on the matter then goes one way or the other by just one vote. Could that lawmaker be charged with corruption because they didn’t vote, he asked?

Cates and her expert witness, attorney Mark Baker, sought to assuage Ivey-Soto that a lawmaker recusing themselves due to a conflict of interest would not be the same thing, and that any such charges would be “refereed within the Legislature itself.”

But Ivey-Soto was unconvinced. He said he didn’t disagree with the direction of the bill, but that the way it was written was important to make sure lawmakers trying to be transparent about conflicts of interest aren’t caught up in a felony investigation.

The lack of action in the Senate comes at a time when a former state lawmaker, Rep. Sheryl Williams Stapleton, a Democrat from Albuquerque who served as the second-highest-ranking lawmaker in that chamber before she resigned, is reportedly negotiating a plea deal with authorities after being indicted in 2021 on numerous criminal counts, including racketeering, money laundering and fraud.

New Mexicans are long familiar with public corruption at the highest level. There’s the cabinet secretary whose case the Supreme Court considered – Demesia Padilla, tax and revenue secretary for former Republican Gov. Susana Martinez. She resigned in 2017 one day after state Attorney General investigators raided the state agency’s offices.

In 2018, former Democratic Sen. Phil Griego was sent to prison for 18 months after ushering the sale of a state building through the Senate, and later pocketing a $50,000 real estate fee for the sale. Later that year, he got an extra year tacked on for using money in his campaign account for personal reasons.

In 2015, Republican secretary of state Dianna Duran resigned after using campaign funds for gambling. She later pleaded guilty to embezzlement and campaign finance violations, and was given a 30-day jail sentence.

The post Lawmakers for second year kick ethics fixes down the road first appeared on New Mexico News.]]>
Hearing examiner recommends regulators deny LNG storage in Rio Rancho https://new-mexico.news/hearing-examiner-recommends-regulators-deny-lng-storage-in-rio-rancho/ Fri, 23 Feb 2024 22:47:30 +0000 https://new-mexico.news/?p=45986 A set of digital storage tanks on a green background.

A hearing examiner recommended New Mexico utility regulators reject a gas utility’s proposed liquified natural gas facility in southern Rio Rancho at an upcoming meeting in March. The hearing examiner wrote the New Mexico Gas Company failed to “persuasively show” the facility was needed and the most cost-effective alternative, in a 123-page decision released Wednesday. […]

The post Hearing examiner recommends regulators deny LNG storage in Rio Rancho first appeared on New Mexico News.]]>
A set of digital storage tanks on a green background.

A hearing examiner recommended New Mexico utility regulators reject a gas utility’s proposed liquified natural gas facility in southern Rio Rancho at an upcoming meeting in March.

The hearing examiner wrote the New Mexico Gas Company failed to “persuasively show” the facility was needed and the most cost-effective alternative, in a 123-page decision released Wednesday.

Chief Hearing Examiner Anthony Medeiros said the New Mexico Gas Company failed to “clearly demonstrate” the facility’s benefits and costs to determine if the project was contrary to the public interest.

“Accordingly, considering that the LNG Facility would not provide a net public benefit, the additional public interest considerations corroborate the Hearing Examiner’s findings that the LNG Facility would not promote the public interest,” Medeiros wrote.

Medeiros noted the record showed substantial benefits to shareholders, but the New Mexico Gas Company “neglected” to show how it would be cost-effective for the ratepayers.

Mariel Nanasi, executive director of Santa Fe nonprofit New Energy Economy, called the recommendation “quite thorough and pretty scathing against the gas company” and said the decision was a win for Rio Rancho organizers.

“I feel quite confident that the commission will uphold his recommended decision, but it is up to them,” Nanasi said.

A hearing examiner is equivalent to an administrative law judge, creating a legal record during disputes on state agency actions. The recommendation does not have legal weight, and the final decision rests with the three-member Public Regulation Commission.

The deadline for the Public Regulation Commission to make a decision on the case is fast-approaching, listed as no later than March 16, according to a scheduling order. The Public Regulation Commission can deliberate behind closed doors beforehand, but the final decision must be made in a public meeting.

The New Mexico Gas Company can list their objections with the hearing examiner’s recommendation by Feb. 28, and other parties can respond to those arguments by March 5.

“We are determining whether to file exceptions but no decision has been finalized,” said Tim Korte, a spokesperson for New Mexico Gas Company in an email to Source New Mexico.

The decision

The 12-million-gallon storage facility was first proposed in 2022. According to a timeline for the project, it would be in operation by winter 2026 if approved by state regulators.

The final costs for building and equipping the facility are unknown, but New Mexico Gas Company projected it to cost at least $180 million.

A map of of the proposed facility New Mexico Gas Company submitted to the New Mexico Public Regulation Commission for approval. (Courtesy of New Mexico Gas Company).

The New Mexico Gas Company argued that storage inside of New Mexico would “provide certainty about access to stored gas when needed most” on cold winter days or low supply. Officials also claimed it would protect customers from “market swings” on natural gas prices.

Currently, the company leases space at a salt cavern storage facility in Pecos County, Texas in the Permian Basin, to supplement gas supplies in the even of winter events, according to the document.

Environmental groups disputed those claims, saying in their objections the company failed to prove it would increase reliability, and failed to do its “due diligence” in picking the site.

Medeiros, the hearing examiner, applied higher scrutiny to the project, saying it was discretionary, because it was not needed to provide gas services, nor required by rule or law.

Much of the testimony alludes to the deadly Winter Storm Uri, which killed more than 200 people in Texas, but also spiked gas rates, which were often passed onto customers in surcharges.

New Mexico was spared much of the outages faced in Texas, and New Mexico Gas Company did not have to curtail services, but did incur “approximately $107 million in extraordinary gas costs over a period of six days.”’

The New Mexico Gas Company previously asked for a LNG storage facility at the same Rio Rancho site over a decade ago, after a 2011 winter storm where the company was forced to cut off or limit heat for more than 28,000 people. The gas company withdrew its application when intervenors argued its use did not justify projected costs of $40 million at the time, according to footnotes in the decision.

If regulators accept a separate rate hike based on those costs and approve the Rio Rancho storage facility, New Mexico ratepayers could experience a rate hike “of over 35% by 2027,” according to the decision.

Medeiros also noted the significant public opposition from residents, lawmakers and in a resolution from the Bernalillo County Commission, urging rejection of the facility based on concerns of health impacts.

Rio Rancho is one of the fastest-growing areas of the state, with 51 schools and multiple neighborhoods within 10 miles of the facility, according to the county commission’s resolution.

“Public opposition expressed against the proposed siting of the LNG Facility coupled with the significant unaddressed issues and concerns over the potential safety effects and environmental impacts associated with locating the Facility at [New Mexico Gas Company’s] predetermined location counsel against approval of the Application,” Medeiros wrote.

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Brote de sarampión: Florida dice que niños no vacunados pueden ir a la escuela, desafiando a los CDC https://new-mexico.news/brote-de-sarampion-florida-dice-que-ninos-no-vacunados-pueden-ir-a-la-escuela-desafiando-a-los-cdc/ Fri, 23 Feb 2024 20:02:23 +0000 https://new-mexico.news/?p=45984 An illustration of the measles virus.

En un breve memorando, Joseph Ladapo, Cirujano General de Florida, ha revertido una norma de salud pública que durante mucho tiempo ha mantenido bajo control los brotes de sarampión en el estado. El 20 de febrero, mientras el sarampión se propagaba en la Escuela Primaria Manatee Bay, en el sur de Florida, Ladapo envió a […]

The post Brote de sarampión: Florida dice que niños no vacunados pueden ir a la escuela, desafiando a los CDC first appeared on New Mexico News.]]>
An illustration of the measles virus.

En un breve memorando, Joseph Ladapo, Cirujano General de Florida, ha revertido una norma de salud pública que durante mucho tiempo ha mantenido bajo control los brotes de sarampión en el estado.

El 20 de febrero, mientras el sarampión se propagaba en la Escuela Primaria Manatee Bay, en el sur de Florida, Ladapo envió a los padres una carta diciendo que está bien enviar a los niños no vacunados a la escuela en medio del brote.

El Departamento de Salud “está dejando a los padres o tutores tomar decisiones sobre la asistencia a clases”, escribió Ladapo, quien fue nombrado para dirigir la agencia por Ron DeSantis, el gobernador republicano de Florida, cuyo nombre aparece sobre el de Ladapo en el membrete de la carta.

La medida de Ladapo contradice el consejo de los Centros para el Control y Prevención de Enfermedades (CDC).

“Esto no es un problema de los derechos de los padres”, dijo Scott Rivkees, ex cirujano general de Florida, quien ahora es profesor en la Universidad Brown. “Se trata de proteger a los compañeros de clase, maestros y miembros de la comunidad contra el sarampión, que es una enfermedad muy grave y muy contagiosa”, agregó.

La mayoría de las personas que no están protegidas por una vacuna contraerán sarampión si se exponen al virus. Este grupo vulnerable incluye a niños cuyos padres no los vacunan, bebés demasiado pequeños para la recibir la dosis, aquellos que no pueden ser vacunados por razones médicas, y otros que no desarrollan una respuesta inmune fuerte y duradera.

Rivkees estima que alrededor de una décima parte de las personas en una comunidad caen bajo la categoría “vulnerable”.

Los CDC recomiendan que los alumnos no vacunados se queden en casa durante tres semanas después de la exposición. Debido a que el altamente contagioso virus del sarampión se propaga a través de diminutas gotas en el aire y en superficies, se considera que los estudiantes han estado expuestos simplemente por estar en la misma cafetería o aula que alguien infectado.

Y una persona con sarampión puede transmitir la infección antes de desarrollar fiebre, tos, erupción cutánea u otros signos de la enfermedad. Alrededor de 1 de cada 5 personas con sarampión terminan hospitalizadas, 1 de cada 10 desarrolla infecciones de oído que pueden provocar pérdida permanente de la audición, y alrededor de 1 en 1,000 muere por complicaciones respiratorias y neurológicas.

“No sé por qué el Departamento de Salud no seguiría las recomendaciones de los CDC”, dijo Thresia Gambon, presidenta del capítulo de Florida de la Academia Americana de Pediatría y pediatra que ejerce en Miami y Broward, el condado afectado por el actual brote de sarampión. “El sarampión es tan contagioso. Es muy preocupante”, expresó.

Teniendo en cuenta los peligros de la enfermedad, la vacuna es increíblemente segura. En Estados Unidos, una persona tiene cerca de cuatro veces más probabilidades de morir partida por un rayo a lo largo de su vida que de tener una reacción alérgica potencialmente mortal a la vacuna contra el sarampión, las paperas y la rubéola.

Sin embargo, el año pasado un número récord de padres solicitó exenciones de los requisitos de vacunación escolar por motivos religiosos o filosóficos en todo el país.

Los CDC informaron que las tasas de vacunación infantil fueron las más bajas de los últimos 10 años. Además de Florida, este año se han reportado casos de sarampión en otros 11 estados, incluidos Arizona, Georgia, Minnesota y Virginia.

Solo alrededor de un cuarto de los condados de Florida habían alcanzado el umbral del 95% de inmunización en el que las comunidades se consideran bien protegidas contra los brotes de sarampión, según los datos más recientes publicados por el Departamento de Salud estatal en 2022.

En el condado de Broward, donde se han reportado seis casos de sarampión en la última semana, aproximadamente el 92% de los niños en kindergarten habían recibido vacunas rutinarias contra el sarampión, la varicela, la polio y otras enfermedades. El 8% restante incluía a más de 1,500 niños que tenían exenciones de vacunas, indican datos de 2022.

Desde que comenzó el brote, el Departamento de Salud de Broward ha estado ofreciendo vacunas contra el sarampión en la escuela Manatee Bay, según el superintendente escolar.

Si una persona no vacunada recibe una dosis dentro de los tres días posteriores a la exposición al virus, es mucho menos probable que contraiga el sarampión y que lo transmita a otros. Por esta razón, los funcionarios gubernamentales ocasionalmente han ordenado vacunas en emergencias en el pasado.

Por ejemplo, en 1991, el comisionado adjunto de salud de Filadelfia ordenó que los niños fueran vacunados en contra de los deseos de sus padres durante brotes relacionados con sus iglesias. Y durante un gran brote de sarampión en las comunidades judías ortodoxas en Brooklyn en 2019, el comisionado de salud de la ciudad de Nueva York ordenó que cualquier persona que viviera, trabajara o fuera a la escuela en los vecindarios más afectados recibiera la vacuna, a riesgo de enfrentar una multa de $1,000.

En esa ordenanza, el comisionado escribió que la presencia en esas áreas de cualquier persona no vacunada, a menos que tuviera una contraindicación médica, “creaba un riesgo innecesario y evitable de continuar con el brote”.

Con su carta, Ladapo eligió la dirección opuesta, dejando a los padres a cargo debido a la “alta tasa de inmunidad en la comunidad” (datos indican lo contrario), y por la “carga para las familias y el costo educativo de los niños sanos que faltan a la escuela”.

Sin embargo, la carga de un brote aumenta a medida que se propagan los casos de sarampión: se requiere más atención de emergencia, más pruebas y cuarentenas más amplias; y hay más hospitalizaciones.

En 2018, controlar un brote en el sur de Washington con 72 casos costó alrededor de $2.3 millones, además de $76,000 en costos médicos, y una pérdida económica estimada de $1 millón debido a enfermedades, cuarentenas y atención.

Si los números se disparan, la muerte también se convierte en una carga.

Un brote entre una población en gran parte no vacunada en Samoa causó más de 5,700 casos y 83 muertes, principalmente entre niños.

La carta de Ladapo a los padres también marca un cambio en la norma porque los departamentos de salud locales tienden a liderar la contención de brotes de sarampión, no las autoridades estatales o federales. En respuesta a consultas de KFF Health News, el departamento de salud del condado de Broward remitió al departamento de salud del estado de Florida, que Ladapo supervisa.

“El condado no tiene el poder de estar en desacuerdo con el departamento de salud estatal”, dijo Rebekah Jones, científica de datos que fue removida de su cargo en el departamento de salud de Florida en 2020, debido a una discrepancia sobre los datos de coronavirus.

DeSantis nombró a Ladapo como jefe del departamento de salud del estado a fines de 2021, mientras comenzaba a incluir el escepticismo sobre las vacunas contra covid en su plataforma política. En los meses siguientes, el departamento eliminó la información sobre las vacunas contra covid de su página de inicio y sancionó al director de salud de un condado por alentar a su personal a vacunarse, lo que llevó a su renuncia.

En enero, el sitio web del departamento de salud publicó el llamado de Ladapo a frenar la vacunación con vacunas de ARN mensajero contra covid por completo, basado en nociones que los científicos consideran absurdas.

Jones no se sorprendió de ver a Ladapo cambiar de dirección sobre el sarampión. “Creo que esto es el resultado previsible de convertir la retórica antivacunas en un rasgo definitorio del gobierno de Florida”, dijo.

Aunque su última decisión va en contra del consejo de los CDC, la agencia federal rara vez interviene en brotes de sarampión, confiando en que los estados harán bien la tarea.

En un correo electrónico a KFF Health News, el departamento de salud de Florida dijo que estaba trabajando para identificar los contactos de las personas con sarampión, pero que los detalles sobre los casos y lugares de exposición eran confidenciales. Repitió la decisión de Ladapo, agregando: “La recomendación del cirujano general puede cambiar a medida que continúen las investigaciones epidemiológicas”.

Para Gambon, el brote ya es desconcertante. “Me gustaría ver al cirujano general promover lo que es más seguro para los niños y el personal escolar”, dijo, “ya que estoy segura de que hay muchos que pueden no tener una inmunidad tan fuerte como quisiéramos”.

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