Breaking News

Judges weigh ACA preventive care, Merck sues over Medicare policy, & what 'moral injury' means

June 7, 2023
Reporter, Morning Rounds Writer
Good morning. We're watching a couple of lawsuits and parsing moral injury today.  

insurance

ACA's provision for cost-free preventive care is on the line as appeal plays out 

A judge's order that would eliminate the Affordable Care Act's requirements that health insurers offer cost-free coverage of HIV-preventing drugs, cancer screenings, and other preventive care should remain on hold while it is appealed, Biden administration lawyer Alisa Klein argued before an appellate panel in New Orleans yesterday, the Associated Press reports. In response, lawyer Jonathan Mitchell, arguing for Obamacare's challengers, said insurers and employers would be unlikely to drop preventive coverage, but Judge Leslie Southwick called that "speculation." 

The appeal stems from a March ruling by U.S. District Judge Reed O'Connor on coverage requirements inspired by U.S. Preventive Services Task Force recommendations. O'Connor ruled that because the task force is made up of volunteers, enforcing its recommendations violates the Constitution's Appointment Clause dictating how government officials can be appointed. An immediate decision by the appeals court was not expected.


drug pricing

Merck lobs a charge of 'extortion' in lawsuit challenging Medicare's drug price negotiation

Ever since the Inflation Reduction Act was passed last year, pharmaceutical companies have been unhappy about a provision that allows Medicare to negotiate certain drug prices. Now Merck is suing the federal government to keep the agency from implementing such a program. The drugmaker's legal argument centers on the Bill of Rights. If that's furrowing your brow (as it did mine), here's the explanation:

Calling the negotiation program a voluntary agreement to a fair price means it violates the compelled speech doctrine in the First Amendment, the company argues. And forcing drugmakers to sell their property without "just compensation" violates the Fifth Amendment, the company says, effectively "taking" its drugs because of the sheer size of the penalties the company could incur. "This is not 'negotiation.' It is tantamount to extortion," the company writes. Medicare must choose the first drugs for the program by Sept. 1;  Merck's diabetes drug Januvia is a candidate. STAT's Rachel Cohrs has more.


inequity

Academic medicine has a cultural climate crisis, survey says

Academic medicine has a serious cultural problem that disproportionately affects women and people from underrepresented groups, a new JAMA study says, based on a survey revealing rates of sexual harassment, cyber incivility, and negative perceptions of climate reflected in poorer mental health among those reporting it. The 830 faculty members who responded about the past two years are among the best and the brightest: M.D.s and Ph.D.s who'd won NIH career development grants between 2006 and 2009.

Women were more likely than men to report gender harassment and unwanted sexual attention in person and on professional social media; rate the diversity climate lower; and assess their own mental health lower. Respondents underrepresented in medicine said the same about climate and  also reported incivility and racist comments on social media. "The culture of medicine has the effect of squandering the talent of the next generation of investigators and leaders," Duke's Pamela Douglas notes in an editorial. "Diversity is necessary but not sufficient."



Closer Look

Opinion: Parsing moral injury and physician burnout 

GettyImages-1235024798Apu Gomes/AFP via Getty Images

Even though Wendy Dean and Simon Talbot clearly stated "this is not physician burnout" when they wrote about moral injury in their compelling STAT First Opinion in 2018, they've been fighting assumptions ever since about what such distress does involve. That essay led to a movement, a nonprofit organization, a podcast, and a book. Now Dean is back, writing another First Opinion about the betrayal at the heart of moral injury, making a distinction between short-staffing in health care that can drive burnout and the lack of response to repeated requests to increase staffing to safe levels that increases the risk for moral injury.

"Morally injurious situations that are inescapable may lead to the learned helplessness, cynicism, and detachment of burnout," Dean writes. "Correctly identifying drivers in ways that resonate with the workforce and developing targeted solutions could be the answer to retaining and sustaining a robust healthcare workforce." Read more.


mental health

Kids with anxiety more likely to get medication alone from their doctors

Even before the pandemic changed our lives, the prevalence of anxiety symptoms had been growing among children, adolescents, and young adults. A study out in Pediatrics today looks at how those symptoms, including persistent worries and fears, are being treated in primary care offices. Across three timeframes from 2006 through 2018, anxiety disorders were diagnosed more often, rising from 1.4% of visits to 4.2% in the latest period. The treatment changed, too, from just under half of children receiving psychotherapy to just below one-third of patients getting it. 

Medication use stayed the same, but the likelihood of receiving medication alone grew. That means more patients overall were receiving either no treatment or only medication during the last period. The authors say this greater reliance on medications could be a sign of doctors' offices struggling to meet a mounting child and youth mental health crisis.


hospitals

Study finds disparities even at the safest hospitals

Some hospitals deliver better care than others, and that includes safety within their walls, ranging from falls, infections, and bedsores to complications like sepsis, hemorrhage, or blood clots after surgery. A new Leapfrog report builds on its assessment of hospital safety to ask if Black, white, and Hispanic patients received the same care at hospitals the nonprofit graded A (the best) for safety. For 10 million patients in 15 states in 2019, A-graded hospitals had the lowest rates of adverse safety events, as you might expect.

But Black patients had higher incidence of adverse safety events after surgery than white patients: sepsis (up 34%), blood clots (up 51%), and respiratory failure (up 17%). "In gaining access to a hospital with a higher Safety Grade, a Black patient has no assurance that the quality of care received relative to a white patient will be any better than lower-rated hospitals," the report concludes. 


On the latest episode of the "First Opinion Podcast," First Opinion editor Torie Bosch speaks with Mass General Brigham's Sarah Wakeman about involuntary treatment for opioid use disorder. Listen here.


More around STAT
Check out more exclusive coverage with a STAT+ subscription
Read premium in-depth biotech, pharma, policy, and life science coverage and analysis with all of our STAT+ articles.

What we're reading

  • Here's how Canadian wildfires are worsening air quality across the U.S., NPR
  • GSK's RSV vaccine wins European approval, STAT
  • China abandoned 'zero Covid.' But some don't want to leave it behind, Washington Post
  • Biotech's trade secrets face growing threat from foreign influences, science leaders warn, STAT
  • A researcher who publishes a study every two days reveals the darker side of science, El País
  • Novocure's electric fields device prolongs survival in lung cancer, but doubts remain, STAT

Thanks for reading! More tomorrow,


Enjoying Morning Rounds? Tell us about your experience
Continue reading the latest health & science news with the STAT app
Download on the App Store or get it on Google Play
STAT
STAT, 1 Exchange Place, Boston, MA
©2023, All Rights Reserved.

No comments