HEALTH & JUSTICE IN THE NEWS
Date: October 19, 2017
New on TASC's Blog
Leading the Movement Toward Diversion as a First Response: Building Connections to Treatment at the Front End of the Justice System
TASC Blog, 10/18/17
A recent criminal justice trend is gaining traction. It has potential not only to help curb the devastation that the opioid epidemic is causing in communities across the nation, but also to bring law enforcement, treatment providers, and communities together to solve common challenges that substance use and mental health disorders pose. It's known as pre-arrest diversion. Other terms include front-end diversion, deflection, and pre-booking diversion. Regardless of terminology, the goal is the same: to divert eligible individuals with substance use and mental health disorders to treatment before logging an arrest. "We know from decades of research and experience that formal connections to treatment can improve access and outcomes," said TASC President Pam Rodriguez. "Lessons learned from prosecutorial diversion programs, court intervention programs, and reentry programs can, and should, be applied even earlier in the justice system."
Around the Nation
Trump says he'll declare opioid crisis a national emergency. Here's what that could mean
USA Today, 10/18/17
President Trump first promised to declare a national emergency to confront the epidemic 68 days ago. Since then, statistics show more than 6,000 Americans have died of opioid overdoses waiting for federal action. Trump now says he'll formally declare that emergency next week, a two-month delay that he said underscores the "time-consuming work" behind his administration's response to the crisis. "We are going to be doing that next week," Trump said at a news conference Monday. An emergency declaration would be a powerful rhetorical tool in focusing national attention on an epidemic that, according to the Centers for Disease Control and Prevention, claims 91 lives every day. But the impact of an emergency wouldn't just be symbolic. It would give the Trump administration novel and untested powers: broad authority to waive patient privacy laws, divert funds and give immunity to medical professionals and first responders.
Without a formal proclamation, it's impossible to know which of these powers - some of which could be controversial - Trump intends to use. Neither Trump nor the White House would explain what's holding up the proclamation, though Trump suggested that he's wading through uncharted waters. "And I want to get that absolutely right," he said Monday.
2 Senators Reach Deal On A Health Law Fix, But Bringing Congress Along Is Tricky
Kaiser Health News, 10/17/17
After nearly two months of negotiations, key senators said Tuesday they have reached a bipartisan deal on a proposal intended to stabilize the Affordable Care Act's insurance market, which has been rocked by recent actions by President Donald Trump. Sens. Lamar Alexander (R-Tenn.) and Patty Murray (D-Wash.), respectively the chairman and the top Democrat of the Senate Health, Education, Labor and Pensions Committee, negotiated the emerging deal. The milestone agreement, they said, would guarantee payment of "cost-sharing reduction" subsidies that help some policyholders with low incomes afford their deductibles and other out-of-pocket costs for two years, 2018 and 2019.
Trump Signals Opposition to Bipartisan Health-Care Deal
The Wall Journal, 10/18/17
A bipartisan proposal on health care teetered Wednesday after President Donald Trump withdrew his support and conservative GOP lawmakers said it didn't do enough to roll back the Affordable Care Act. The two senators behind the deal, Lamar Alexander (R., Tenn.) and Patty Murray (D., Wash.), remained publicly upbeat about the bill's prospects despite the president's conflicting statements. Mr. Trump touched off confusion on Capitol Hill Wednesday morning, tweeting he "can never support bailing out ins co's who have made fortune w/O'Care," echoing criticism from conservatives that the deal is a bailout for insurers, a characterization the sponsors dispute. In previous days, the president had expressed public support, calling the proposal a "very good solution" on Tuesday. Before Mr. Trump sent Wednesday's tweet, the GOP president called Mr. Alexander privately to encourage him to get the agreement done, the senator said.
24 hours later, Senate health deal all but completely dead
The Hill, 10/18/17
A Senate healthcare deal to extend critical ObamaCare payments to insurers appears all but completely dead just 24 hours after it was announced. President Trump reversed course Wednesday and said he opposed the deal, while Speaker Paul Ryan's (R-Wis.) office said the Senate should keep its focus on repealing and replacing President Obama's signature law. Sen. John Thune (S.D.), the third-ranking Senate Republican, acknowledged the deal had "stalled out." Some Republican senators said they were working on changes to move the bill in a more conservative direction, but those efforts appeared to have little chance of success. Democrats, who hailed the agreement on Tuesday, signaled they were preparing to blame Republicans for walking away from the deal crafted by Health Committee Chairman Lamar Alexander (R-Tenn.) and Sen. Patty Murray (Wash.), the panel's top Democrat.
Bipartisan group of governors calls on Congress to stabilize ObamaCare markets
The Hill, 10/18/17
A bipartisan group of 10 governors is calling on Congress to vote on a deal to stabilize ObamaCare's insurance markets. "We urge Congress to quickly pass legislation to stabilize our private health insurance markets and make quality health insurance more available and affordable," the governors wrote Wednesday in a letter to House and Senate leaders from both parties.
Obamacare fix could end up in year-end package
Politico, 10/18/17
A bipartisan deal to shore up Obamacare collapsed Wednesday after President Donald Trump and House Speaker Paul Ryan called the Senate proposal a bailout for insurance companies. But GOP sources on both sides of the Capitol say this is not the end of the debate.
States ask US court to keep up health subsidies cut by Trump
ABC News | AP, 10/18/17
Top government lawyers representing 19 U.S. states on Wednesday asked a federal judge in California to force the administration of President Donald Trump to make health care subsidy payments that Trump abruptly cut off last week. The monthly payments would normally be scheduled to go out Friday. The states, led by California Attorney General Xavier Becerra, asked a judge in San Francisco for an emergency court order by 4 p.m. Thursday requiring they be paid on time.
Fact check: Are insurers 'enriched' by Obama health law, as Trump says?
Chicago Tribune | AP, 10/18/17
President Donald Trump says health insurers have been "enriched" by President Barack Obama's Affordable Care Act. So why are companies pulling back from the law's insurance marketplaces? TRUMP: "I won't do anything to enrich the insurance companies because right now the insurance companies are being enriched. They've been enriched by Obamacare like nothing anybody's ever seen before." - Speaking to reporters at the White House Wednesday. THE FACTS: Health insurance is profitable, but the Affordable Care Act plays a small role - if any - for many insurers. Insurers have gained customers from the ACA's marketplaces and its expansion of the state-and-federally funded Medicaid program for the poor. Some, like Centene, say they are making money on the exchanges and expanding into new states. But they've also had to deal with an additional tax imposed by the ACA and funding cuts for Medicare Advantage plans, which are privately-run versions of the federal Medicare program for the elderly. Companies don't single out how much they've made through the ACA's marketplaces or Medicaid expansion. These are generally smaller parts of their business.
Calling Cost-Sharing Reduction Payments 'a Bailout' Is Misleading
The New York Times, 10/18/17
Most people think of the term "bailout," as a political pejorative, often involving hundreds of billions of taxpayer dollars being funneled to failing companies. It's now become one of President Trump's oft-repeated rhetorical cudgels against the Affordable Care Act and federal payments to insurance companies. But his use of the word is misleading. "Bailout" typically refers to financial assistance offered to prevent the bankruptcy of a company or industry. The funds Mr. Trump now refers to, on the other hand, are more accurately characterized as a reimbursement that the government pays to the insurance companies. It is done not to save the companies from financial ruin - unlike the banks in 2008, they are not in danger of failing - but to cover the cost of cheaper health care for low- and moderate-income Americans.
Trump's health subsidy shutdown could lead to free insurance
ABC News | AP, 10/19/17
If President Donald Trump prevails in shutting down a major "Obamacare" health insurance subsidy, it would have the unintended consequence of making free basic coverage available to more people, and making upper-tier plans more affordable. The unexpected assessment comes from consultants, policy experts, and state officials, who are trying to discern the potential fallout from a Washington health care debate that's becoming even more complicated and volatile.
Dems introduce public option for ObamaCare
The Hill, 10/17/17
Sens. Michael Bennet (D-Colo.) and Tim Kaine (D-Va.) on Tuesday introduced a bill to add a government-run "public option" plan to ObamaCare, modeled on Medicare. The plan, part of a long-running debate in the Democratic Party about how far to go in expanding government-run health insurance, would move ObamaCare to the left but does not go as far as Sen. Bernie Sanders's (I-Vt.) "Medicare for all" plan.
Amid ACA Turmoil, Insurers Brace for Drop in Enrollment
The Wall Street Journal, 10/18/17
With enrollment for 2018 Affordable Care Act health-insurance plans starting in just two weeks, insurers are bracing for a drop-off among consumers put off by higher rates, confusion about the law's standing and a shorter window to choose coverage.
Uncertainty reigns ahead of new health care sign-up period
CBS News, 10/18/17
After several failed attempts in Congress to repeal and replace the 2010 health care law, Americans across the country are grappling with unanswered questions about how "Obamacare" will function during the six-week sign-up period beginning Nov. 1. The confusion is especially pronounced in Iowa, which is seeking last-minute federal approval to revamp its individual insurance market. Uncertainty has mounted in recent days amid a push by President Trump to allow the purchase of skimpier insurance plans than the ACA requires and a move by the president to cut off federal payments that help keep consumer costs down. Then on Tuesday, some senators announced a tentative agreement to continue those payments.
What Is Prison Like for Women and Girls?
The Marshall Project, 10/10/17
There are more than 200,000 women and girls incarcerated nationwide, a number that has increased by more than 700 percent since 1980. Men still make up the vast majority of inmates, but women in prison face unique challenges. Most are mothers. Prisons limit or charge money for basics like tampons and pads. Women are also more likely to be sexually assaulted, particularly by guards. To hear these stories, Teen Vogue and The Marshall Project sat down with Ayana Thomas and Sarah Zarba, who were both formerly incarcerated; Kyndia Riley, a student whose parents have been in prison since she was a toddler; and U.S. Sen. Cory Booker, a Democrat from New Jersey who introduced legislation this summer to ease some of the burdens for women in federal prisons.
Around Illinois
Cook County prosecutors release 6 years of charging data
Chicago Sun-Times, 10/17/17
Cook County state's attorney Kim Foxx released a trove of information about her office's handling of felony cases in 2016, along with charging data going back to 2011. The reports break down the more than 30,000 cases brought for prosecution last year, and how they progressed through the system and affected different racial groups.
Bond reform looks at why 3 days in jail matters
The Pantagraph, 10/19/17
When a person can't afford to pay a small amount for bond, even three days behind bars can be costly when it means the loss of a job, a home or school enrollment. "Jobs, housing, family - we strip all these from people unnecessarily," said Cherise Fanno Burdeen, CEO of the Pretrial Justice Institute, which is spearheading the nationwide 3DaysCount campaign for bond reform for misdemeanor suspects. In McLean County, which already is working to reduce jail time for defendants facing low-level charges, Public Defender Carla Barnes said even $100 bond payments are out of reach for many clients. Illinois is evaluating bond policies in the state's 24 judicial circuits as part of the 3DaysCount campaign. "We are in the information gathering stage," said Judge Kevin Fitzgerald, chief judge of the Bloomington-based 11th Judicial Circuit.
Research, Reports, and Studies
Kaiser Health Tracking Poll - October 2017: Experiences of the Non-Group Marketplace Enrollees
Kaiser Family Foundation, 10/18/17
The start of the open enrollment period for non-group insurance in 2018 is less than one month away, and the majority of individuals who are targets for enrollment - those who currently purchase their own insurance and those who are uninsured - are unaware of the key dates of the next open enrollment period. One-third of non-group enrollees overall and 15 percent of the uninsured are aware of when the next open enrollment period begins. A slightly larger share (40 percent) of marketplace enrollees are aware of the November 1st start date for open enrollment, but still six in ten either give an incorrect answer or say they don't know when open enrollment begins.
New report: 50-state guide to expungement and restoration of rights
Collateral Consequences Resource Center, 10/12/17
This report catalogues and analyzes the various provisions for relief from the collateral consequences of conviction that are now operating in each state, including judicial record-sealing and certificates of relief, executive pardon, and administrative. Its goal is to facilitate a national conversation about how those who have a criminal record may best regain their legal rights and social status.
Digital War on Drugs: App Shows Opioid Overdoses Instantaneously
NBC News, 10/9/17
A new weapon in the fight against the opioid epidemic is using big data to track - and possibly prevent - overdoses. The web-based tool, called the Overdose Detection Mapping Application Program, or ODMAP, charts suspected overdoses in real time and alerts public safety officials to spikes in opioid emergencies. Used by first responders, public safety and public health officials across the country, ODMAP was created by the Washington/Baltimore division of the High Intensity Drug Trafficking Area, or HIDTA, a federal program that provides resources for local agencies to address drug trafficking. Jeff Beeson, the program's deputy director, calls ODMAP "a very simple and practical approach to a complex problem."
Six Decades of Felonies in America
The Crime Report, 10/9/17
A new quantitative study of felony populations between 1948 and 2010 represents the first attempt to gain a comprehensive view of states-level criminal punishment in the United States, across both demographic and geographic lines. The authors of this study, issued by the Population Association of America, stipulate that exact data is hard to come by. States have different reporting systems, racial categorizations have changed over time, and multiple other factors affect estimates- such as recidivism, mobility, deportation, and death. Therefore, the authors say, the figures they present "are estimates based on models rather than a census-like enumeration of these populations." The study shows that while incarceration growth began to level off somewhat around 2000, and dropped between 2008 and 2010, the number of adults with felony records kept rising-from under 2 million in 1948, to around 19 million in 2010.
Opinions, Editorials, and Commentary
John Rosiak: 5 things to consider before posting cops in schools
Police Foundation
From my experience training many SROs around the country, I know that we can establish the right climate of safety that is conducive to learning-if we employ well-trained officers who genuinely like working with students. As in any other field, we should be using evidence-based programs and approaches when it comes to school-based law enforcement. The problem is that there isn't a whole lot of rigorous research to guide us. The federal National Institute of Justice recently sponsored studies that will inform our practice, but that research is ongoing involving studies over multiple years. However, we have had SROs in schools since the 1950s and have learned important things about how to do it right.
Health & Justice in the News
is a summary of recent news stories relating to criminal justice, mental health, addiction, recovery, and related issues. It is compiled and published by TASC each Monday and Thursday.
Some headlines and text have been altered by TASC for clarity or emphasis, or to minimize discriminatory or stigmatizing language. Opinions in the articles and op-eds do not necessarily express the views of TASC or our staff or partners.
