The Ax Falls at HHS
The Host
As had been rumored for weeks, Health and Human Services Secretary Robert F. Kennedy Jr. unveiled a plan to reorganize the department. It involves the downsizing of its workforce, which formerly was roughly 80,000 people, by a quarter and consolidating dozens of agencies that were created and authorized by Congress.
Meanwhile, in just the past week, HHS abruptly cut off billions in funding to state and local public health departments, and canceled all research studies into covid-19, as well as diseases that could develop into the next pandemic.
This weekās panelists are Julie Rovner of Ā鶹ŮÓÅ Health News, Maya Goldman of Axios News, Joanne Kenen of the Johns Hopkins Bloomberg School of Public Health and Politico Magazine, and Alice Miranda Ollstein of Politico.
Panelists
Among the takeaways from this weekās episode:
- As federal health officials reveal the targets of a significant workforce purge and reorganization, the GOP-controlled Congress has been notably quiet about the Trump administrationās intrusions on its constitutional powers. Many of the administrationās attempts to revoke and reorganize federally funded work are underway despite Congress’ previous approval of that funding. And while changes might be warranted, reviewing how the federal government works (or doesnāt) ā in the public forums of congressional hearings and floor debate ā is part of Congressā responsibilities.
- The news of a major reorganization at HHS also comes before the Senate finishes confirming its leadership team. New leaders of the National Institutes of Health and the FDA were confirmed just this week; Mehmet Oz, the nominated director of the Centers for Medicare & Medicaid Services, had not yet been confirmed when HHS made its announcement; and President Donald Trump only recently named a replacement nominee to lead the Centers for Disease Control and Prevention, after withdrawing his first pick.
- While changes early in Trumpās second term have targeted the federal government and workforce, the impacts continue to be felt far outside the nationās capital. Indeed, cuts to jobs and funding touch every congressional district in the nation. Theyāre also being felt in research areas that the Trump administration claims as priorities, such as chronic disease: The administration said this week it will shutter the office devoted to studying long covid, a chronic disease that continues to undermine millions of Americansā health.
- Meanwhile, in the states, doctors in Texas report a rise in cases of children with liver damage due to ingesting too much vitamin A ā a supplement pushed by Kennedy in response to the measles outbreak. The governor of West Virginia signed a sweeping ban on food dyes and additives. And a woman in Georgia who experienced a miscarriage was arrested in connection with the improper disposal of fetal remains.
Also this week, Rovner interviews Ā鶹ŮÓÅ senior vice president Larry Levitt about the 15th anniversary of the signing of the Affordable Care Act and the threats the health law continues to face.
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Plus, for āextra credit,ā the panelists suggest health policy stories they read this week that they think you should read, too:
Julie Rovner: CNNās ā,ā by Ramishah Maruf and Brandon Miller.
Alice Miranda Ollstein: The New York Times Wirecutterās ā,ā by Max Eddy.
Maya Goldman: Ā鶹ŮÓÅ Health Newsā ā,ā by Rachana Pradhan and Aneri Pattani.
Joanne Kenen: The Atlanticās ā,ā by Yasmin Tayag.
Also mentioned in this weekās podcast:
- The New York Timesā ā,ā by Alice Callahan.
- The Washington Postās ā,ā by Kevin Griffis.
- Politicoās ā,ā by Joanne Kenen.
Click to open the transcript u003cstrongu003eTranscript: The Ax Falls at HHSu003c/strongu003e
[Editorās note: This transcript was generated using both transcription software and a humanās light touch. It has been edited for style and clarity.]
Julie Rovner: Hello and welcome back to āWhat the Health?ā Iām Julie Rovner, chief Washington correspondent for Ā鶹ŮÓÅ Health News, and Iām joined by some of the best and smartest health reporters in Washington. Weāre taping this week on Thursday, March 27, at 10 a.m. As always, news happens fast ā really fast this week ā and things might well have changed by the time you hear this. So, here we go.
Today we are joined via videoconference by Alice Miranda Ollstein of Politico.
Alice Miranda Ollstein: Hello.
Rovner: Maya Goldman of Axios News.
Maya Goldman: Great to be here.
Rovner: And Joanne Kenen of the Johns Hopkins Bloomberg School of Public Health and Politico Magazine.
Joanne Kenen: Hi everybody.
Rovner: Later in this episode weāll have my interview with Ā鶹ŮÓÅ Senior Vice President Larry Levitt, who will riff on the 15th anniversary of the signing of the Affordable Care Act and what its immediate future might hold. But first, this weekās news.
So for this second week in a row, we have news breaking literally as we sit down to tape, this time in the form of an announcement from the Department of Health and Human Services with the headline āHHS Announces Transformation to Make America Healthy Again.ā The plan calls for 10,000 full-time employees to lose their jobs at HHS, and when combined with early retirement and other reductions, it will reduce the departmentās workforce by roughly 25%, from about 82,000 to about 62,000. It calls for creation of a new āAdministration for a Healthy Americaā that will combine a number of existing HHS agencies, including the Health Resources and Services Administration, the Agency for Toxic Substances and Disease Registry, and the National Institute for Occupational Safety and Health under one umbrella.
Reading through the announcement, a lot of it actually seems to make some sense, as many HHS programs do overlap. But the big overriding question is: Can they really do this? Isnāt this kind of reorganization Congressā job?
Ollstein: Congress has not stood up for itself in its power-of-the-purse role so far in the Trump administration. They have stood by, largely, the Republican majorities in the House and Senate, or theyāve offered sort of mild concerns. But they have not said, Hey guys, this is our job, all of these cuts that are happening. Thereās talk of a legislative package that would codify the DOGE [Department of Government Efficiency] cuts that are already happening, rubber-stamping it after the fact. But Congress has not made moves to claw back its authority in terms of saying, Hey, we approved this funding, and you canāt just go back and take it. Thereās lawsuits to that effect, but not from the members ā from outside groups, from labor unions, from impacted folks, but not our dear legislative branch.
Rovner: You know, Joanne, you were there for a lot of this. We covered the creation of a lot of these agencies. Agency for Healthcare Research and Quality, I covered the creation of its predecessor agency, which there were huge compromises that went into this, lots of policymaking. It just seems that RFK [Robert F. Kennedy] Jr. going to say: We donāt actually care all these things you did. Weāre just going to redo the whole thing.
Kenen: As many of the listeners know, many laws that Congress passes have to be reauthorized every five years or every 10 years. Five is the most typical, and they often donāt get around to it and they extend and blah, blah, blah, blah, blah. But basically the idea is that things do change and things do need to be reevaluated. So, normally when you do reauthorization ā we all just got this press release announcing all these mergers of departments and so forth at HHS. None of us are experts in procurement and IT. Maybe those two departments do need to be merged. I mean, I donāt know. Thatās the kind of thing that, reauthorization, Congress looks at and Congress thinks about. Well, and agencies and legislation do get updated. Maybe the NIH [National Institutes of Health] doesnāt need 28 institutes and they should have 15 or whatever. But itās just sort of this, somebody coming in and waving a magic DOGE wand, and Congress is not involved. And thereās not as much public input and expert input as youād have because Congress holds hearings and listens to people who do have expertise.
So itās not just Congress not exercising power to make decisions. Itās also Congress not deliberating and learning. I mean all of us learned health policy partly by listening to experts at congressional panels. We listen to people at Finance, and Energy and Commerce, and so forth. So itās not just Congressā voice being silenced. Itās this whole review and fact-based ā and experts donāt always agree and Congress makes the final call. But thatās just been short-circuited. And I mean we all know thereās duplication in government, but this isnāt the process we have historically used to address it.
Rovner: You know, one other thing, I think theyāre merging agencies that are in different locations, which on the one hand might make sense. But if you have one central IT or one central procurement agency in Washington or around Washington, youāve got a lot of these organizations that are outside of Washington. And theyāre outside of Washington because members of Congress put them there. A lot of them are in particular places because they were parochial decisions made by Congress. That may or may not make sense, but thatās where they are. It might or might not make sense. Maya, sorry I interrupted you.
Goldman: No, I was just going to add to Joanneās point. Julie, I think before we started recording you mentioned that the administration is saying: Weāve thought this all out. These are well-researched decisions. But theyāve been in office for two months. How much research can you really do in that time and how intentional can those decisions really be in that time frame?
Ollstein: Especially because all of the leaders arenāt even in place yet. Some people were just confirmed, which weāre going to talk about. Some people are on their way to confirmation but not there yet. They havenāt had the chance to talk to career staff, figure out what the redundancies are, figure out what work is currently happening that would be disrupted by various closures and mergers and stuff. So Mayaās exactly right on that.
Goldman: You know thereās ā the administration chose a lead for HRSA and other offices. And so what happens to those positions now? Do they just get demoted effectively because theyāre no longer heads of offices? I would be prettyā
Rovner: But we have a secretary of education whose job is to close the department down, soā.
Goldman: Good point.
Rovner: Thatās apparently not unprecedented in this administration. Well, as Alice was saying, into this maelstrom of change comes those that President [Donald] Trump has selected to lead these key federal health agencies. The Senate Tuesday night confirmed policy researcher Jay Bhattacharya to head the NIH and Johns Hopkins surgeon and policy analyst Marty Makary to head the Food and Drug Administration. Bhattacharya was approved on a straight party-line vote, while Makary, who I think itās fair to say was probably the least controversial of the top HHS nominees, won the votes of three Democrats: Minority Whip Dick Durbin of Illinois and New Hampshireās Democrats, [Sens.] Maggie Hassan and Jeanne Shaheen, along with all of the Republicans. What are any of you watching as these two people take up their new positions?
Kenen: Well, I mean, the NIH, Bhattacharya ā who I hope Iāve learned to pronounce correctly and I apologize if I have not yet mastered it ā heās really always talked about major reorganization, reprioritization. And as I said, maybe itās time to look at some overlap, and science has changed so much in the last decade or so. I mean are the 28 ā I think the numberās 28 ā are the 28 current institutes the rightā
Rovner: I think itās 27.
Kenen: Twenty-seven. I mean, are there some things that need to be merged or need to be reorganized? Probably. You could make a case for that. But thatās just one thing. The amount of cuts that the administration announced before he got there, and there is a question in some things heās hinted at, is he going to go for that? His background is in academia, and he does have some understanding of what this money is used for. Weāve talked before, when you talk to a layperson, when you hear the word āoverhead,ā āindirect costs,ā what that conjures up to people as waste, when in fact itās like paying for the electricity, paying for the staff to comply with the government regulations about ethical research on human beings. Itās not parties. Itās security. Itās cleaning the animal cages. Itās all this stuff. So is he going to cut as deeply as universities have been told to expect? We donāt know yet. And thatās something that every research institution in America is looking at.
The FDA, heās a contrarian on certain things but not across the board. I mean, as you just said, Julie, heās a little less controversial than the others. He is a pancreatic surgeon. He does have a record as a physician. He has never been a regulator, and we donāt know exactly where his contrarian views will be unconventional and where ā thereās a lot of agreement with certain things Secretary Kennedy wants to do, not everything. But there is some broad agreement on, some of his food issues do make sense. And the FDA will have a role in that.
Rovner: I will say that under this reorganization plan the FDA is going to lose 3,500 people, which is a big chunk of its workforce.
Kenen: Well things like moving SAMHSA [the Substance Abuse and Mental Health Services Administration], which is the agency that works on drug abuse within and drug addiction within HHS, thatās being folded into something else. And thatās been a national priority. The money was voted to help with addiction on a bipartisan basis several times in recent years. The grants to states, thatās all being cut back. The subagency with HHS is being folded into something else. And we donāt know. We know 20,000 jobs are being cut. The 10 announced today and the 10 we already knew about. We donāt know where theyāre all coming from and what happens to the expertise and experience addressing something like the addiction crisis and the drug abuse crisis in America, which is not partisan.
Rovner: All right. Well weāll get to the cuts in a second. Also on Tuesday, the Senate Finance Committee voted, also along party lines, to advance to the Senate floor the nomination of Dr. Mehmet Oz to head the Centers for Medicare & Medicaid Services. And while he would seem likely to get confirmed by the full Senate, I did not have on my bingo card Dr. Ozās nomination being more in doubt due to Republicans than Democrats. Did anybody else?
Ollstein: Based on our reporting, itās not really in doubt. [Sen.] Josh Hawley has raised concerns about Dr. Oz being too squishy on abortion and trans health care, but it does not seem that other Republicans are really jumping on board with that crusade. It sort of reminds me of concerns that were raised about RFK Jr.ās background on abortion that pretty much just fizzled and Republicans overwhelmingly fell in line. And that seems to be whatās going to happen now. Although you never know.
Rovner: At least it hasnāt been, as you point out, it hasnāt failed anybody else. Well, the one nominee who did not make it through HHS was former Congressman Dave Weldon to head the CDC [Centers for Disease Control and Prevention]. So now we have a new nominee. Itās actually the acting director, Susan Monarez, who by the way has a long history in federal health programs but no history at the CDC. Who can tell us anything about her?
Goldman: She seems like a very interesting and in some ways unconventional pick, especially for this administration. She was a career civil servant, and she worked under the Obama administration. And itās interesting to see them be OK with that, I think. And she also has a lot of health care background but not in CDC. Sheās done a lot of work on AI in health care and disaster preparedness, I think. And clearly sheās been leading the CDC for the last couple months. So she knows to that extent. But it will be very interesting when she gets around to confirmation hearings to hear what her priorities are, because we really have no idea.
Rovner: Yeah, sheās not one of those good-on-Fox News people that weāve seen so many of in this administration. So while Monarezās nomination seems fairly noncontroversial, at least so far, the nominee to be the new HHS inspector general is definitely not. Remember that President Trump fired HHS IG Christi Grimm just days after he took office, along with the IGs of several other departments. Grimm is still suing to get her job back, since that firing violated the terms of the 1978 Inspector General Act. But now the administration wants to replace her with Thomas Bell, whoās had a number of partisan Republican jobs for whatās traditionally been a very nonpartisan position and who was fired by the state of Virginia in 1997 for apparently mishandling state taxpayer funds. That feels like it might raise some eyebrows as somebody whoās supposed to be in charge of waste, fraud, and abuse. Or am I being naive?
Goldman: My eyebrows were definitely raised when I saw that news. I, to be honest, donāt know very much about him but will be very interested to see how things go, especially given that fraud, waste, and abuse and rooting out fraud, waste, and abuse are high priorities for this administration, but also things that are very up to interpretation in a certain way.
Ollstein: Yes, although itās clearly been very mixed on that front because the administration is also dismantling entire agencies that go after fraud and abuseā
Goldman: Exactly.
Ollstein: ālike the Consumer Financial Protection Bureau. So there is some mixed messaging on that front for sure.
Rovner: Well, as Joanne mentioned, the DOGE cuts continue at the NIH. In just the last week, billions of dollars in grants have been terminated that were being used to study AIDS and HIV, covid and other potential pandemic viruses, and climate change, among other things. The NIH also closed its office studying long covid. Thank you, Alice, for writing . This is, I repeat, not normal. NIH only generally cancels grants that have been peer reviewed and approved for reasons of fraud or scientific misconduct, yet one termination letter obtained by simply stated, quote, āThe end of the pandemic provides cause to terminate COVID-related grant funds.ā Why arenāt we hearing more about this, particularly for members of Congress whose universities are the ones that are being cut?
Kenen: I mean, the one Republican we heard at the very beginning was [Sen.] Katie Britt because the University of Alabama is a big, excellent, and well-respected national medical and science center, and they were targeted for a lot of cuts. Sheās the only Republican, really, and she got quiet. I mean, she raised her voice very loud and clear. We may go into a situation ā and everybody sort of knows this is how Washington sometimes works ā where individual universities will end up negotiating with NIH over their funds and thatā
Rovner: Columbia. Cough, cough.
Kenen: Right. And Alabama may come out great and Columbia might not, or many other leading research institutions. But these job cuts affect people in every congressional district across the country. And the funding cuts affect every congressional district across the country. So itās not just their constitutional responsibilities. Itās also, like, their constituents are affected, and weāre not hearing it.
Rovner: And as I point out for the millionth time, itās not a coincidence that these things are located in every congressional district. Members of Congress, if not the ones who are currently in office then their predecessors, lobbied and worked to get these funds to their states and to their district. And yet the silence is deafening.
Ollstein: To state the obvious, one, covid is not over. People are still contracting it. People are still dying from it. But not only that, a lot of this research was about preparing for the inevitable next pandemic that we know is coming at some point and to not be caught as unawares as we were this past time, to be more prepared, to have better tools so that there donāt have to be widespread lockdowns, things can remain open because we have more effective prevention and treatment efforts. And thatās whatās being defunded here.
Kenen: The other thing is that long covid is in fact a chronic disease and even though itās caused by an infectious disease, a virus. But people have long covid but it is a chronic disease, and HHS says thatās their priority, chronic disease, but theyāre not including long covid. And thereās also more and more. When we think of long covid, we think of brain fog and being short of breath and tired and unable to function. Thereās increasing evidence or conversation in the medical world about other problems people have long-term that probably stem from covid infections or multiple covid infections. So this is affecting millions of Americans as a chronic disease that is not well understood, and weāve just basically said, That one doesnāt count, or: Weāre not going to pay attention to that one. Weāre going to, you know, weāre looking at diabetes. Yeah, we need to look at diabetes. Thatās one of the things that Kennedy has bipartisan support. This country does not eat well. about a week ago. But what he can and canāt do, because he canāt wave a magic wand and have us all eating well. But itās very selective in how weāre defining both the causes of diseases and what diseases weāre prioritizing. We basically just shrunk addiction.
Goldman: In the press release announcing the reorganization this morning, there was a line talking about how the HHS is going to create this new Administration for a Healthy America to investigate chronic disease and to make sure that we have, I think it was, wholesome food, clean water, and no environmental toxins, in order to prevent chronic disease. And those are the only three things that it mentions that lead to chronic disease.
Rovner: And none of which are under HHSā purview.
Goldman: Right, right. Yeah.
Rovner: With the exception ofā
Goldman: There are things that HHS does in that space. But yeah, weāre being very selective about what constitutes a chronic disease and what causes a chronic disease. If youāre trying to actually solve a problem, maybe you should be more expansive.
Kenen: So HHS has some authority over food, not significant authority of it, but it is shared with the USDA [U.S. Department of Agriculture]. Like school lunches are USDA, the nutritional guidelines are shared between USDA and HHS, things like that. So yeah, it has some control about, over food but not entirely control over food.
And then EPA [Environmental Protection Agency], which has also been completely reoriented to be a pro-fossil-fuel agency, is in charge of clean water and the environmental contaminants. Thatās not an HHS bailiwick. And Kennedy is not aligned with other elements of the administration on environmental issues. And also genetics, right? Genetics is also, you know, who knows? Thatās NIH? But who knows whatās going to happen to the National Cancer Institute and other genetic research at NIH? We donāt know.
Rovner: Yes. Clearly much to be determined. Well, speaking of members of Congress whose states and districts are losing federal funds, federal aid is also being cut by the CDC. In a story first reported , CDC is reportedly clawing back more than $11 billion in covid-related grants. Among other things, thatās impacting funding that was being used in Texas to fight the ongoing measles outbreak. How exactly does clawing back this money from state and local public health agencies make America healthy again?
Goldman: Thatās a great question, and Iām curious to see how it plays out. I donāt have the answer.
Rovner: And itās not just domestic spending. The fate of PEPFAR [the Presidentās Emergency Plan for AIDS Relief], the international AIDS/HIV program thatās credited with saving more than 20 million lives, remains in question. And has gotten hold of a spreadsheet including more global health cuts, including those for projects to fight malaria and to pull the U.S. out of Gavi. Thatās the global vaccine alliance thatās helped vaccinate more than 1.1 billion children in 78 countries. Wasnāt there a court order stopping all of these cuts?
Ollstein: So there was for some USAID [U.S. Agency for International Development] work, but not all of these things fall under that umbrella. And that is still an ongoing saga that has flipped back and forth depending on various rulings. But I think itās worth pointing out, as always, that infectious diseases donāt respect international borders, and any pullback on efforts to fight various things abroad inevitably will impact Americans as well.
Rovner: Yeah. I mean, weāve seen these measles cases obviously in Texas, but now weāre getting measles cases in other parts of the country, and many of them are people coming from other countries. We had somebody come through Washington, D.C.ās Union Station with measles, and weāve had all of these alerts. I mean, this is what happens when you donāt try and work with infectious diseases where they are, then they spread. Thatās kind of the nature of infectious disease.
Well, at the same time, HHS Secretary RFK Jr. is putting his Make America Healthy Again agenda into practice in smaller ways as well. First up, remember that study that Kennedy promised again to look into any links between childhood vaccines and autism? It will reportedly be led by a vaccine skeptic who was disciplined by the Maryland Board of Physicians for practicing medicine without a license and who has pushed the repeatedly debunked assertion that autism can be caused by the preservative thimerosal, which used to be used in childhood vaccines but has long since been discontinued. One autism group referred to the person whoās going to be running this study as, quote, āa known conspiracy theorist and quack.ā Sen. [Bill] Cassidy seemed to promise us that this wasnāt going to happen.
Kenen: Well, we think that Sen. Cassidy was promised it wouldnāt happen, and itās all happening. And in fact, when a recent hearing, he was very outspoken that thereās no need to research the autism link, because itās been researched over and over and over and over and over again and thereās a lot of reputable scientific evidence establishing that vaccination does not cause autism. We donāt know what causes autism, soā
Rovner: But we know itās not thimerosal.
Kenen: Right, which has been removed from many vaccines, in fact, and autism rates went up. So Cassidy has not come out and said, Yeah, Iām the guy who pulled the plug on Weldon. But itās sort of obvious that he had, at least was, a role in. It is widely understood in Washington that he and a few other Republicans, [Sens. Lisa] Murkowski and [Susan] Collins, I believe ā I think Murkowski said it in public ā said that the CDC could not go down that route.
Rovner: Well, I would like to be inadvertently invited to the Signal chat between Secretary Kennedy and Sen. Cassidy. I would very much wish to see that conversation.
Meanwhile, in Texas, where HHS just confiscated public health funding, as we said, a hospital in Lubbock says itās now treating children with liver damage from too much vitamin A, which Secretary Kennedy recommended as a way to prevent and or treat measles. Which it doesnāt, by the way. But that points to, that some of these ā I hesitate of how to describe these people who are āmaking America healthy again.ā But some of the things that they point to can be actively dangerous, not just not helpful.
Goldman: Yeah. And I think it also shows how much messaging from the top matters, right? People are listening to what Secretary Kennedy says, which makes sense because heās the secretary of health and human services. But if heās pedaling misinformation or disinformation, that can have real harmful effects on people.
Kenen: And his messages are being amplified even if some people are not, their parents, who arenāt maybe directly tuned in to what Kennedy personally is saying, but they follow various influencers on health who are then echoing what Kennedyās saying about vitamin A. Yeah, we all need vitamin A in our diet. Itās something, part of healthy nutrition. But this supplementās unnecessary, or excess supplements, vitamin A or cod liver oil or other things that can make them sick, including liver damage. And thatās what weāre seeing now. Vitamin A does have a place in measles under very specific circumstances, under medical supervision in individual cases. But no, people should not be going to the drugstore and pouring huge numbers of tablets of vitamin C down their childrenās throat. Itās dangerous.
Rovner: And actually the head of communications at the CDC not only quit his job this week but wrote a rather impassioned , which I will post in our show notes, talking about he feels like he cannot work for an agency that is not giving advice that is based in science and that thatās what he feels right now. Again, thatās before we get a new head of the CDC. Well, MAHA is apparently spreading to the states as well. West Virginia Republican Gov. Patrick Morrisey this week signed a bill and two preservatives in all foods sold in the state starting in 2028. Nearly half the rest of the states are considering similar types of bans. But unless most of those other states follow, companies arenāt going to remake their products just for West Virginia, right?
Kenen: West Virginia is not big enough, but they sometimes do remake their products for California, which is big. The whole food additive issue is, traditionally the food manufacturers have had a lot of control over deciding whatās safe. Itās the industry that has decided. Kennedy has some support across the board and saying thatās too loose and we should look at some of these additives that have not been examined. There are others, including some preservatives, that have been studied and that are safe. Some preservatives have not been studied and should be studied. There are others that have been studied and are safe and they keep food from going rotten or they can prevent foodborne disease outbreaks. Something that does make our food healthy, we probably want to keep them in there. So, and are there some thatā
Rovner: I think people get mixed up between the dyes and the preservatives. Dyes are just to make things look more attractive. The preservatives were put there for a reason.
Kenen: Right. And thereās some healthy ways of making dyes, too, if you need your food to be red. Thereās berry abstracts instead of chemical extracts. So things get overly simplified in a way that does not end up necessarily promoting health across the board.
Rovner: Well, not all of the news is coming from the Trump administration. The Supreme Court next week will hear a case out of South Carolina about whether Medicaid recipients can sue to enforce their right to get care from any qualified health care providers. But this is really another case about Planned Parenthood, right, Alice?
Ollstein: Yep. If South Carolina gets the green light to kick Planned Parenthood out of its Medicaid program, which is really what is at the heart of this case, even though itās sort of about whether beneficiaries can sue if their rights are denied. A right isnāt a right if you canāt enforce it, so itās expected that a ruling in that direction would cause a stampede of other conservative states to do the same, to exclude Planned Parenthood from their Medicaid programs. Many have tried already, and thatās gone around and around in the courts for a while, and so this is really the big showdown at the high court to really decide this.
And as Iāve been writing about, this is just one of many prongs of the rightās bigger strategy to defund Planned Parenthood. So there are efforts at the federal level. There are efforts at the state level. There are efforts in the courts. They are pushing executive actions on that front. We can talk. There was some news on Title X this week.
Rovner: That was my next question. Go ahead.
Ollstein: Some potential news.
Rovner: Whatās happening with Title X?
Ollstein: Yeah. So HHS told us when we inquired that nothingās final yet, but theyāre reviewing tens of millions of Title X federal family planning grants that currently go to some Planned Parenthood affiliates to provide subsidized contraception, STI [sexually transmitted infection] screenings, various non-abortion services. And so they are reviewing those grants now. They are supposed to be going out next week, so weāll have to see what happens there. There was some sort of back-and-forth in the reporting about whether theyāre going to be cut or not.
Rovner: What surprises me about the Title X grant, and there has been, there have been efforts, as you point out, going back to the 1980s to kick Planned Parenthood out of the Title X program. Thatās separate from kicking Planned Parenthood out of Medicaid, which is where Planned Parenthood gets a lot more money.
But the first Trump administration did kick Planned Parenthood out of Title X, and they went through the regulatory process to do it. And then the Biden administration went through the regulatory process to rescind the Trump administration regulations that kicked them out. Now it looks like the Trump administration thinks that it can just stop it without going through the regulatory process, right?
Ollstein: Thatās right. So not only are they going around Congress, which approves Title X funding every year, they are also going around their own rulemaking and just going for it. Although, again, it has not been finally announced whether or not there will be cuts. Theyāre just reviewing these grants.
Rovner: But I repeat for those in the back, this is not normal. Itās not how these things are supposed to work it.
Kenen: Itās normal now, Julie.
Rovner: Yeah, clearly itās becoming normal. Well, finally this week, another case of a woman arrested for a poor pregnancy outcome. This happened in Georgia where the woman suffered a natural miscarriage, not an abortion, which was confirmed by the medical examiner, but has been arrested on charges of improperly disposing of the fetal remains. Alice, this is turning into a trend, right?
Ollstein: Yes. And itās important for people to remember that this was happening before Dobbs. This was happening when Roe v. Wade was still in place. This has happened since then in states where abortion is legal. Some prosecutors are finding other ways to charge people. Whether itās related to, yeah, the disposal of the fetus, whether itās related to substance abuse, substance use during pregnancy, even sometimes the use of substances that are actually legal, but people have been charged, arrested for using them during pregnancy. So yes, itās important to remember that even if thereās not a quote-unquote āabortion banā on the books, there are still efforts underway in many places to criminalize pregnancy loss however it happens, naturally or via some abortifacient method.
Rovner: Well, something else weāll be keeping an eye on. All right, thatās as much news as we have time for this week. Now, we will play my interview with Ā鶹ŮÓÅās Larry Levitt. Then weāll come back and do our extra credits.
So, last Sunday was the 15th anniversary of President Barack Obamaās signing of the original Affordable Care Act. And before you ask, yes, I was there in the White House East Room that day. Anyway, to discuss what the law has meant to the U.S. health system over the last decade and a half and what its future might be, I am so pleased to welcome back to the podcast my Ā鶹ŮÓÅ colleague Larry Levitt, executive vice president for health policy.
Larry, thanks for joining us again.
Larry Levitt: Oh, thanks for having me.
Rovner: So, [then-House Speaker] Nancy Pelosi was mercilessly derided when she said that once the American people learned exactly what was in the ACA, they would come to like it. But thatās exactly whatās happened, right?
Levitt: It is. Yes. I think people took her comments so out of context, but the ACA was incredibly controversial and divisive when it was being debated. Frankly, after a pass, the ACA became pretty unpopular. If you go back to 2014, just before the main provisions of the ACA were being implemented, there was all this controversy over the individual mandate, over peopleās plans being canceled because they didnāt comply with the ACAās rules. And then, of course, healthcare.gov, the website, didnāt work. So the ACA was very underwater in public opinion. And even after it first went into effect and people started getting coverage, that didnāt necessarily turn around immediately, there was still a lot of divisiveness over the law.
What changed is, No. 1, over time, more and more people got covered, people with preexisting conditions, people who couldnāt afford health insurance, people who turned 26 or could stay on their parentsā plans until 26 and then could enroll in the ACA or Medicaid after turning 26. All these people got coverage and started to see the benefits of the law. The other thing that happened was in 2017, Republicans tried unsuccessfully to repeal and replace the ACA, and people really realized what they could be missing if the law went away.
Rovner: So whatās turned out to be the biggest change to the health care system as a result of the ACA? And is it what you originally thought it would be?
Levitt: Well, yeah, in this case it was not a surprise, I think. The biggest change was the number of people getting covered and a big decrease in the number of people uninsured. We have been at the lowest rate of uninsurance ever recently due to the ACA and some of the enhancements, which weāll probably talk about. And that was what the law was intended to do, was to get more people covered. And I think youād have to call that a success, in retrospect.
Rovner: I will say I was surprised by how much Medicaid dominated the increased coverage. I know now itās sort of balanced out because of reductions in premiums for private coverage, I think in large part. But I think during the 2017 fight to undo the ACA, that was the first time since Iāve been covering Medicaid that I think people really realized how big and how important Medicaid is to the health care system.
Levitt: No, thatās right. I mean the ACA marketplace, healthcare.gov, the individual mandate, preexisting condition protections, I mean, those are the things that got a lot of the public attention. But in fact, yeah, in the early years of the ACA, I mean really up until just the last couple years, the Medicaid expansion in the ACA was really the engine of coverage. And thatās not what a lot of people expected. In fact, Congressional Budget Office in their original projections kind of got that wrong, too.
Rovner: So what was the biggest disappointment about something the ACA was supposed to do but didnāt do or didnāt do very well?
Levitt: Yeah, I mean, I would have to point to health care costs as the biggest disappointment. The ACA really wasnāt intended to address health care costs head-on. And that was both a policy judgment but also a political decision. If you go back to the debate over the Clinton health plan in the early ā90s, which failed spectacularly ā you and I were both there ā it addressed health care costs aggressively, took on every segment of the health care industry, and died under that political weight. The political judgment of Obama and Democrats in Congress with the ACA was to not take on those vested health care interests and not really address health care costs head-on. Thatās what enabled it to get passed. But it sort of lacked teeth in that regard. There were some things in the ACA like expansion of ACOs, accountable care organizations, which maybe had some promise but frankly have not done a whole lot.
Rovner: And of course, Congress undoing what teeth there were in the ensuing years probably didnāt help very much, either.
Levitt: No. I mean there was this provision in the ACA called the Cadillac plan tax, right? The idea was to tax so-called Cadillac health plans, very generous health plans. That probably wouldāve had an effect. Iām not sure it wouldāve done what people intended for it to do. I mean, I think it wouldāve actually shifted costs to workers and caused deductibles to rise even higher. But no one but economists liked that Cadillac plan tax, and it was repealed.
Rovner: So, as you mentioned, you and I are both also veterans of the 1993, 1994 failed effort by President Bill Clinton to overhaul the nationās health care system, which, like the fight over the ACA, featured large-scale, deliberate mis- and disinformation by opponents about what a major piece of health legislation could do. In fact, and I have done lots of stories on this, scare tactics about the possible impact of providing universal health insurance coverage date back to the early 1900s and have been a feature of every single major health care debate since then. What did we learn from the ACA debate about combating this kind of deliberate misinformation?
Levitt: Yeah, youāre so right about the disinformation, and I was actually looking yesterday ā we have a timeline of health policy over the decades in our Ā鶹ŮÓÅ headquarters in San Francisco, and we have an ad up there from the debate over the Truman health plan. You and I were not there for that debate.
Rovner: Thank you.
Levitt: And the AMA [American Medical Association] opposed that as socialized medicine and ran these ads featuring robots who were going to be your doctor if the Truman plan passed. So this is certainly nothing new. And we saw it in the ACA with death panels, right? I mean, which just spread like wildfire through the media and over social media. I would kind of hope we learned some lessons from the ACA. Iām not sure we have. And I kind of worry that with declining trust in institutions, particularly government institutions, I just wonder whether weāll get back to a place where, yeah, weāll disagree about policy. There will be spin, there will be scare tactics, but at least thereās some trusted source of facts and data that we can rely on, and Iām not so hopeful there.
Rovner: Somebody asked former [HHS] Secretary Kathleen Sebelius at a 15th-anniversary event what she regretted most about not having in the ACA, and she said, With all the talk of our actually taking over the health care system, we should have just taken over the health care system, since thatās what everybody was accusing it of. It mightāve worked better.
Levitt: Yeah, there is ā we could have a whole other session on āMedicare for Allā and single payer and the pros and cons of that. But one thing I think we did learn from the ACA, that complexity is just a huge problem. Even whatās supposed to be the simplest part of our health care system now, Medicare, has become incredibly complex with Part A and Part B and Part C and Part D. Seniors kind of scratch their heads trying to figure out what to do, and the ACA even more so.
And I think back to your original question, part of what made the ACA so hard for people to grasp is there was not one single, Oh, Iām going to sign up for the ACA. There were so many pieces of it. And over time, Iām not even sure people identify those pieces with the ACA anymore.
Rovner: Yeah. Oh, no, I am surprised at how many younger people have no idea of what the insurance market was like before the ACA and how many people were simply redlined out of getting coverage.
Levitt: Right. No. I mean, once you fix those problems, then people donāt see them anymore.
Rovner: So letās look forward quickly. It seemed at least for a while after the Republicans failed in 2017 to repeal and replace the law that efforts to undo it were finally over. But while this administration isnāt saying directly that they want to end it, they do have some big targets for undoing big pieces of it. What are some of those and what are the likelihood of them happening?
Levitt: Yeah, in some ways we have an ACA repeal-and-replace debate going on right now, just not in name. And there are really kind of two big pieces on the table. One, of course, is potential cuts to Medicaid. The House has passed a budget resolution calling for $880 billion in cuts, by the Energy and Commerce Committee, which has jurisdiction over Medicaid. The vast majority of those cuts would have to be in Medicaid. The math is simply inescapable. And a big target on the table is that expansion of Medicaid that was in the ACA.
And interestingly, youāre even hearing Republicans on the Hill talking about repealing the enhanced federal matching payments for the ACA Medicaid expansion and saying: Well, thatās not Medicaid cuts. Thatās Obamacare. Thatās not Medicaid. But 20 million people are covered under that Medicaid expansion. So it would lead to the biggest increase in the number of people uninsured weāve ever had, if that gets repealed.
The other issue really has not gotten a lot of attention yet this year, which is the extra premium assistance that was passed under [President Joe] Biden and by Democrats in Congress. And thatās led to a dramatic increase in ACA marketplace enrollment. ACA enrollment has more than doubled to 24 million since 2020. Those subsidies expire at the end of this year. So if Congress does nothing, people would be faced with very big out-of-pocket premium increases. And I suspect itās going to get more attention as we get closer to the end of the year, but so far there hasnāt been a big debate over it yet.
Rovner: Well, weāll continue to talk about it. Larry Levitt, thank you so much.
Levitt: Oh, thanks. Great conversation.
Rovner: OK, weāre back. Now itās time for our extra-credit segment. Thatās where we each recognize the story we read this week we think you should read, too. Donāt worry if you miss it. We will put the links in our show notes on your phone or other mobile device. Joanne, why donāt you go first this week?
Kenen: Thereās a piece in The Atlantic this week called ā,ā by Yasmin Tayag, and itās basically saying that half of the people who said they were vegan or vegetarian were lying and that meat is very much back in fashion. That the new pejorative term ā some of us may remember from 20 years or so ago, the āquiche eatersā ānow itās the āsoy boy.ā And that one of the new āinā foods, and I think this is the first for the podcast to use the phrase, raw beef testicles. So when weāre talking about political red meat, itās not just political red meat. America is, weāre eating a lot more meat than we said we did, and weāre no longer saying that weāre not eating it.
Rovner: Real red meat for the masses.
Ollstein: For what itās worth, āsoy boyā has been a slur since the Obama administration.
Kenen: Well, itās just new to me. Thank you. I welcome theā
Ollstein: I unfortunately have been in the online fever swamps where people say things like that.
Kenen: Thank you, Alice. Now I know.
Rovner: Maya, why donāt you go next?
Goldman: My extra credit is a Ā鶹ŮÓÅ Health News article by Rachana Pradhan and Aneri Pattani called ā.ā And I think itās just worth remembering that there are real consequences, real mental health consequences to mass upheaval at the scale of whatās going on in the federal government right now with so many people losing their jobs and just not sure if their jobs are stable, especially in light of this morningās news about HHS reorganizations. But also I think this article does a really good job of highlighting how this chaos and instability is only going to exacerbate already ongoing mental health crises that some of these workers that have been laid off were trying to help solve. And so itās just this cycle that keeps running through. Itās worth remembering.
Rovner: The chaos is the point. Alice.
Ollstein: So, I have a piece from the New York Times Wirecutter section called āā And itās what it says. The company that millions and millions of people have sent samples of their DNA to over the years to find out what percent European they are and all this stuff and their propensity for various inherited diseases, that company is going bankrupt, and there is the expectation that it will be sold off for parts, including peopleās very sensitive DNA. And the article points out that because they are not a health care provider, they are not subject to HIPAA [Health Insurance Portability and Accountability Act]. And so many elected officials and privacy advocates are recommending that people, very quickly, if they have given their DNA to this company, go and delete their information now before it gets sold off to who knows who.
Rovner: And for who knows what reason. My extra credit this week is something I really did think at first was from The Onion. Itās actually from CNN, and itās called ā,ā by Ramishah Maruf and Brandon Miller, whoās a CNN meteorologist. It seems that several states are moving to ban those white lines the jets leave behind them, on the theory that they are full of toxic chemicals and/or intended to manipulate the weather. In fact, theyāre mostly just water vapor. Theyāre called contrails because the con is for condensation. But these laws could outlaw some new types of technologies that are aimed at addressing things like climate change. Clearly we need to teach more science along with more civics.
OK, that is this weekās show. As always, if you enjoy the podcast, you can subscribe wherever you get your podcast. Weād appreciate it if you left us a review. That helps other people find us, too. Thanks, as always, to our producer, Francis Ying, and our editor, Emmarie Huetteman. As always, you could email us your comments or questions. Weāre at whatthehealth@kff.org. Or you can still find me at X, , and at Bluesky, . Where are you folks hanging these days? Maya?
Goldman: I am and . If you search Maya Goldman, youāll find me. And also increasingly . Find me there.
Rovner: Hearing that a lot. Alice.
Ollstein: I am on X, , and Bluesky, .
Rovner: Joanne.
Kenen: Iām mostly at Bluesky, and Iām also using a lot. at Bluesky. LinkedIn is reverberating more.
Rovner: All right, weāll be back in your feed next week with still more breaking news. Until then, be healthy.
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