News in brief - June 20, 2011

Doctors sue over Florida "don't ask" gun law

A group of Florida physicians, including the Florida chapter of the American Academy of Pediatrics, is suing the state over a law restricting doctors from asking patients certain questions regarding whether they own firearms.

Under the first-of-its-kind law, signed June 1 by Gov. Rick Scott, doctors could face disciplinary action from the state licensing board for asking for or recording information about patients' gun ownership if it is deemed harassing or unnecessary. The physician organizations argue that the law interferes with doctors' First Amendment rights to speak openly with patients and discuss firearms safety (www.fcaap.info/Fla_Gun_Law_Complaint.pdf).

The National Rifle Assn. and its Florida chapter led the push for the law, saying that doctors were harassing gun owners about firearms. The Brady Center to Prevent Gun Violence also sued the state over the law.

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Appeals court hears states' challenge to reform law

The 11th U.S. Circuit Court of Appeals heard oral arguments on June 8 in a lawsuit filed by 26 states challenging the constitutionality of the health system reform law.

The Atlanta hearing stemmed from the Obama administration's appeal of a Jan. 31 decision by Florida District Judge Roger Vinson, who ruled that the law was unconstitutional. Vinson said Congress surpassed its authority by requiring all Americans to purchase insurance under the Patient Protection and Affordable Care Act.

Acting U.S. Solicitor General Neal K. Katyal argued the appellate case on behalf of the Obama administration. Former Bush administration Solicitor General Paul Clement argued on behalf of the states.

According to transcripts of the arguments, the appellate judges questioned whether upholding the law gives Congress too much power and might lead to other sweeping federal economic mandates. The judges said they knew of no other case in the nation's history where courts have allowed the government to compel citizens to buy a product.

The appellate court had not issued a decision at this article's deadline.

Federal judges in Virginia and several other states have issued conflicting rulings on whether the reform law -- particularly its requirement that people obtain health insurance or pay a penalty -- violates the Constitution. In December 2010, Virginia District Judge Henry Hudson struck down the individual mandate portion of the law. He did not invalidate the entire law or prevent it from going into effect, which the state had sought. The Justice Dept. appealed that ruling as well.

Two other judges have upheld the law's insurance mandate as constitutional, and at least 14 similar challenges have been dismissed. The majority of those cases are being appealed.

Experts say the U.S. Supreme Court probably will decide the cases.

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Democratic senators unite against Medicaid cuts

Forty-one Democratic senators sent letters to President Obama in early June urging him to oppose a Republican plan to change Medicaid from a program with defined benefits to one with defined spending as part of negotiations to increase the nation's debt limit. Thirty-seven Democratic senators signed a letter by Sen. Jay Rockefeller (D, W.Va.). At least four other senators sent their own letters: Dianne Feinstein of California, Amy Klobuchar of Minnesota, and Mark Udall and Michael Bennet of Colorado.

"We're counting on the White House to stand firm on our shared values here," Rockefeller said in a June 9 statement.

Rockefeller said Obama should take Medicaid cuts off the table during negotiations to increase the nation's statutory debt limit, just as Obama said he would not support cuts to Medicare or Social Security. The U.S. will reach its $14.3 trillion debt ceiling by early August. GOP leaders are demanding trillions in cuts to offset the debt limit increase needed for the nation to continue paying its creditors.

"Block grants and other arbitrary limits on federal Medicaid spending fail to automatically adjust for economic recessions, demographic changes, health care inflation, medical breakthroughs, epidemics or disasters, including terrorism," the Rockefeller letter states.

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Federal money available for state chronic disease prevention

States that adopt holistic, coordinated plans to address chronic disease are eligible for support from the Dept. of Health and Human Services under a grant program included in the health system reform law. The Centers for Disease Control and Prevention expects to award funds for three-year coordinated statewide chronic disease programs in all 56 U.S. states and territories, with about $40 million available for the first 12-month budget period.

"These new resources will assist states and territories in the implementation of proven prevention and wellness programs that will save lives and lower health care costs for all Americans," said HHS Secretary Kathleen Sebelius.

Successful grantees are expected to create or update statewide plans that demonstrate coordinated approaches to addressing the leading causes of chronic disease deaths and their risk factors. Tobacco use is not included in the criteria but is being addressed through other efforts. More information about the program is available online (www.grants.gov/search/search.do?mode=VIEW&oppId=98533).

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