Weekly Pulse: #DearJohn, Does Banning Abortion Trump Job Growth?

by Lindsay Beyerstein, Media Consortium blogger

With millions of Americans out of work, House Republicans are focusing in on real priorities: decimating private abortion coverage and crippling public funding for abortion, as Jessica Arons reports in RH Reality Check.

In AlterNet, Amanda Marcotte notes that the No Taxpayer Funding for Abortion Act, or H.R. 3, also redefines rape as “forcible rape” in order to determine whether a patient is eligible for a Medicaid-funded abortion. Under the Hyde Amendment, government-funded insurance programs can only cover abortions in cases of rape and incest, or to save the life of the mother. Note that the term “forcible rape” is  legally meaningless. Supporters of the bill just want to go on the record as saying that a poor 13-year-old girl pregnant by a 30-year-old should be forced to give birth.

Feminist blogger Sady Doyle has launched a twitter campaign against the bill under the hashtag #dearjohn, a reference to Speaker John Boehner (R-OH). Tweet to let him know how you feel about a bill that discriminates against 70% of rape victims because their rapes weren’t violent enough for @johnboehner, append the hashtag #dearjohn.

Everybody chill out

A federal judge in Florida ruled the entire Affordable Care Act unconstitutional on Monday. However, as political scientist and court watcher Scott Lemieux explains at TAPPED, the ruling is not necessarily a death blow to health care reform:

[T]his ruling is less important than the controversy it will generate might suggest. Many cornerstone programs of the New Deal were held unconstitutional by lower courts before being upheld by the Supreme Court. This ruling tells us nothing we didn’t already know: There is a faction of conservative judges who believe the individual mandate is unconstitutional. Unless this view has the support of five members of the Supreme Court — which I still consider very unlikely — it won’t matter; Vinson’s reasoning would have a much greater impact if adopted by the Court, but for this reason it is even less likely to be adopted by higher courts.

In a follow-up post, Lemieux explains the shaky legal reasoning behind Judge Robert Vinson’s decision. The judge asserts bizarrely that being uninsured has no effect on interstate commerce. That premise is objectively false. Health insurers operate across state lines and the size and composition of their risk pools directly affects their business.

Given the glaring factual inaccuracies, Judge Vinson’s decision may be overturned by a higher court before it gets to the Supreme Court.

Scamming Medicare

Terry J. Allen of In These Times win’s the headline of the week award for an article entitled “Urology’s Golden Revenue Stream.” She reports that increasing numbers of urologists are investing millions on machines to irradiate prostate cancer in the office. The doctors can bill Medicare up to $40,000 per treatment, but they have to use the machines a lot to recoup the initial investment. So what does this mean for patients? Allen explains:

Rather than accessing centralized equipment and sharing costs, physicians are concentrating their own profits by buying expensive in-practice technologies that pay off only if regularly used. One result is overtreatment, which is driving up health care costs, exposing patients to unnecessary radiation and surgeries, and is frequently no better than cheaper approaches.

One third of Medicare patients with prostate cancer undergo the expensive IMRT therapy, as the procedure is known. In 2008, Medicare shelled out over a billion dollars on a treatment that has not shown to be any better for patients than less expensive therapies.

Obstetric fistula in the developing world

Reproductive Health Reality Check is running a special series on the human rights implications of obstetric fistula. Fistula is a devastating complication of unrelieved obstructed labor in which the baby’s head gets stuck in the birth canal and presses against the soft tissues of the pelvis. If labor goes on long enough, the pressure will starve the pelvic tissues of blood, and they will die, creating a hole between the vagina and the bladder, and/or between the vagina and the rectum. Fistula patients face lifelong incontinence, chronic pain, and social ostracism.

The condition is virtually unknown in the developed world, where women with obstructed labor have access to cesarean delivery. However, an estimated 2 million women, primarily in sub-Saharan Africa and Asia, have untreated fistulas with an estimated 50,000 to 100,000 new cases occurring each year. Without reconstructive surgery, these women will be incontinent for life.

Sarah Omega, a fistula survivor from Kenya, tells her story. Omega sustained a fistula when she delivered her first child at the age of 19. She suffered for 12 years before she finally obtained the surgery she needed. As Agnes Odhiambo explains in another installment in the series, fistula is a symptom of a dysfunctional health care system. Women suffer needlessly because they can’t get access to quality health care.

The most likely victims of fistula are the most vulnerable members of their respective communities. Early childbearing increases a woman’s risk of fistula. Pregnant rape victims may face even greater barriers to a safe delivery, thanks to the social stigma that accrues to victims of sexual violence in many societies. (Not to mention any names, House Republicans…)

Preventing and repairing obstetric fistula is a major human rights issue. The U.S. should make this effort a high priority for foreign aid.

This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

Weekly Pulse: #DearJohn, Does Banning Abortion Trump Job Growth?

by Lindsay Beyerstein, Media Consortium blogger

With millions of Americans out of work, House Republicans are focusing in on real priorities: decimating private abortion coverage and crippling public funding for abortion, as Jessica Arons reports in RH Reality Check.

In AlterNet, Amanda Marcotte notes that the No Taxpayer Funding for Abortion Act, or H.R. 3, also redefines rape as “forcible rape” in order to determine whether a patient is eligible for a Medicaid-funded abortion. Under the Hyde Amendment, government-funded insurance programs can only cover abortions in cases of rape and incest, or to save the life of the mother. Note that the term “forcible rape” is  legally meaningless. Supporters of the bill just want to go on the record as saying that a poor 13-year-old girl pregnant by a 30-year-old should be forced to give birth.

Feminist blogger Sady Doyle has launched a twitter campaign against the bill under the hashtag #dearjohn, a reference to Speaker John Boehner (R-OH). Tweet to let him know how you feel about a bill that discriminates against 70% of rape victims because their rapes weren’t violent enough for @johnboehner, append the hashtag #dearjohn.

Everybody chill out

A federal judge in Florida ruled the entire Affordable Care Act unconstitutional on Monday. However, as political scientist and court watcher Scott Lemieux explains at TAPPED, the ruling is not necessarily a death blow to health care reform:

[T]his ruling is less important than the controversy it will generate might suggest. Many cornerstone programs of the New Deal were held unconstitutional by lower courts before being upheld by the Supreme Court. This ruling tells us nothing we didn’t already know: There is a faction of conservative judges who believe the individual mandate is unconstitutional. Unless this view has the support of five members of the Supreme Court — which I still consider very unlikely — it won’t matter; Vinson’s reasoning would have a much greater impact if adopted by the Court, but for this reason it is even less likely to be adopted by higher courts.

In a follow-up post, Lemieux explains the shaky legal reasoning behind Judge Robert Vinson’s decision. The judge asserts bizarrely that being uninsured has no effect on interstate commerce. That premise is objectively false. Health insurers operate across state lines and the size and composition of their risk pools directly affects their business.

Given the glaring factual inaccuracies, Judge Vinson’s decision may be overturned by a higher court before it gets to the Supreme Court.

Scamming Medicare

Terry J. Allen of In These Times win’s the headline of the week award for an article entitled “Urology’s Golden Revenue Stream.” She reports that increasing numbers of urologists are investing millions on machines to irradiate prostate cancer in the office. The doctors can bill Medicare up to $40,000 per treatment, but they have to use the machines a lot to recoup the initial investment. So what does this mean for patients? Allen explains:

Rather than accessing centralized equipment and sharing costs, physicians are concentrating their own profits by buying expensive in-practice technologies that pay off only if regularly used. One result is overtreatment, which is driving up health care costs, exposing patients to unnecessary radiation and surgeries, and is frequently no better than cheaper approaches.

One third of Medicare patients with prostate cancer undergo the expensive IMRT therapy, as the procedure is known. In 2008, Medicare shelled out over a billion dollars on a treatment that has not shown to be any better for patients than less expensive therapies.

Obstetric fistula in the developing world

Reproductive Health Reality Check is running a special series on the human rights implications of obstetric fistula. Fistula is a devastating complication of unrelieved obstructed labor in which the baby’s head gets stuck in the birth canal and presses against the soft tissues of the pelvis. If labor goes on long enough, the pressure will starve the pelvic tissues of blood, and they will die, creating a hole between the vagina and the bladder, and/or between the vagina and the rectum. Fistula patients face lifelong incontinence, chronic pain, and social ostracism.

The condition is virtually unknown in the developed world, where women with obstructed labor have access to cesarean delivery. However, an estimated 2 million women, primarily in sub-Saharan Africa and Asia, have untreated fistulas with an estimated 50,000 to 100,000 new cases occurring each year. Without reconstructive surgery, these women will be incontinent for life.

Sarah Omega, a fistula survivor from Kenya, tells her story. Omega sustained a fistula when she delivered her first child at the age of 19. She suffered for 12 years before she finally obtained the surgery she needed. As Agnes Odhiambo explains in another installment in the series, fistula is a symptom of a dysfunctional health care system. Women suffer needlessly because they can’t get access to quality health care.

The most likely victims of fistula are the most vulnerable members of their respective communities. Early childbearing increases a woman’s risk of fistula. Pregnant rape victims may face even greater barriers to a safe delivery, thanks to the social stigma that accrues to victims of sexual violence in many societies. (Not to mention any names, House Republicans…)

Preventing and repairing obstetric fistula is a major human rights issue. The U.S. should make this effort a high priority for foreign aid.

This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

Weekly Pulse: #DearJohn, Does Banning Abortion Trump Job Growth?

by Lindsay Beyerstein, Media Consortium blogger

With millions of Americans out of work, House Republicans are focusing in on real priorities: decimating private abortion coverage and crippling public funding for abortion, as Jessica Arons reports in RH Reality Check.

In AlterNet, Amanda Marcotte notes that the No Taxpayer Funding for Abortion Act, or H.R. 3, also redefines rape as “forcible rape” in order to determine whether a patient is eligible for a Medicaid-funded abortion. Under the Hyde Amendment, government-funded insurance programs can only cover abortions in cases of rape and incest, or to save the life of the mother. Note that the term “forcible rape” is  legally meaningless. Supporters of the bill just want to go on the record as saying that a poor 13-year-old girl pregnant by a 30-year-old should be forced to give birth.

Feminist blogger Sady Doyle has launched a twitter campaign against the bill under the hashtag #dearjohn, a reference to Speaker John Boehner (R-OH). Tweet to let him know how you feel about a bill that discriminates against 70% of rape victims because their rapes weren’t violent enough for @johnboehner, append the hashtag #dearjohn.

Everybody chill out

A federal judge in Florida ruled the entire Affordable Care Act unconstitutional on Monday. However, as political scientist and court watcher Scott Lemieux explains at TAPPED, the ruling is not necessarily a death blow to health care reform:

[T]his ruling is less important than the controversy it will generate might suggest. Many cornerstone programs of the New Deal were held unconstitutional by lower courts before being upheld by the Supreme Court. This ruling tells us nothing we didn’t already know: There is a faction of conservative judges who believe the individual mandate is unconstitutional. Unless this view has the support of five members of the Supreme Court — which I still consider very unlikely — it won’t matter; Vinson’s reasoning would have a much greater impact if adopted by the Court, but for this reason it is even less likely to be adopted by higher courts.

In a follow-up post, Lemieux explains the shaky legal reasoning behind Judge Robert Vinson’s decision. The judge asserts bizarrely that being uninsured has no effect on interstate commerce. That premise is objectively false. Health insurers operate across state lines and the size and composition of their risk pools directly affects their business.

Given the glaring factual inaccuracies, Judge Vinson’s decision may be overturned by a higher court before it gets to the Supreme Court.

Scamming Medicare

Terry J. Allen of In These Times win’s the headline of the week award for an article entitled “Urology’s Golden Revenue Stream.” She reports that increasing numbers of urologists are investing millions on machines to irradiate prostate cancer in the office. The doctors can bill Medicare up to $40,000 per treatment, but they have to use the machines a lot to recoup the initial investment. So what does this mean for patients? Allen explains:

Rather than accessing centralized equipment and sharing costs, physicians are concentrating their own profits by buying expensive in-practice technologies that pay off only if regularly used. One result is overtreatment, which is driving up health care costs, exposing patients to unnecessary radiation and surgeries, and is frequently no better than cheaper approaches.

One third of Medicare patients with prostate cancer undergo the expensive IMRT therapy, as the procedure is known. In 2008, Medicare shelled out over a billion dollars on a treatment that has not shown to be any better for patients than less expensive therapies.

Obstetric fistula in the developing world

Reproductive Health Reality Check is running a special series on the human rights implications of obstetric fistula. Fistula is a devastating complication of unrelieved obstructed labor in which the baby’s head gets stuck in the birth canal and presses against the soft tissues of the pelvis. If labor goes on long enough, the pressure will starve the pelvic tissues of blood, and they will die, creating a hole between the vagina and the bladder, and/or between the vagina and the rectum. Fistula patients face lifelong incontinence, chronic pain, and social ostracism.

The condition is virtually unknown in the developed world, where women with obstructed labor have access to cesarean delivery. However, an estimated 2 million women, primarily in sub-Saharan Africa and Asia, have untreated fistulas with an estimated 50,000 to 100,000 new cases occurring each year. Without reconstructive surgery, these women will be incontinent for life.

Sarah Omega, a fistula survivor from Kenya, tells her story. Omega sustained a fistula when she delivered her first child at the age of 19. She suffered for 12 years before she finally obtained the surgery she needed. As Agnes Odhiambo explains in another installment in the series, fistula is a symptom of a dysfunctional health care system. Women suffer needlessly because they can’t get access to quality health care.

The most likely victims of fistula are the most vulnerable members of their respective communities. Early childbearing increases a woman’s risk of fistula. Pregnant rape victims may face even greater barriers to a safe delivery, thanks to the social stigma that accrues to victims of sexual violence in many societies. (Not to mention any names, House Republicans…)

Preventing and repairing obstetric fistula is a major human rights issue. The U.S. should make this effort a high priority for foreign aid.

This post features links to the best independent, progressive reporting about health care by members of The Media Consortium. It is free to reprint. Visit the Pulse for a complete list of articles on health care reform, or follow us on Twitter. And for the best progressive reporting on critical economy, environment, health care and immigration issues, check out The Audit, The Mulch, and The Diaspora. This is a project of The Media Consortium, a network of leading independent media outlets.

 

 

FRACKING: Pennsylvania Gags Physicians

 

 

by WALTER BRASCH

 

(Part 1 of 3)

 

A new Pennsylvania law endangers public health by forbidding health care professionals from sharing information they learn about certain chemicals and procedures used in high volume horizontal hydraulic fracturing. The procedure is commonly known as fracking.

Fracking is the controversial method of forcing water, gases, and chemicals at tremendous pressure of up to 15,000 pounds per square inch into a rock formation as much as 10,000 feet below the earth’s surface to open channels and force out natural gas and fossil fuels.

Advocates of fracking argue not only is natural gas “greener” than coal and oil energy, with significantly fewer carbon, nitrogen, and sulfur emissions, the mining of natural gas generates significant jobs in a depressed economy, and will help the U.S. reduce its oil dependence upon foreign nations. Geologists estimate there may be as much as 2,000 trillion cubic feet of natural gas throughout the United States. If all of it is successfully mined, it could not only replace coal and oil but serve as a transition to wind, solar, and water as primary energy sources, releasing the United States from dependency upon fossil fuel energy and allowing it to be more self-sufficient.

The Marcellus Shale—which extends beneath the Allegheny Plateau, through southern New York, much of Pennsylvania, east Ohio, West Virginia, and parts of Maryland and Virginia—is one of the nation’s largest sources for natural gas mining, containing as much as 500 trillion cubic feet of natural gas, and could produce, within a decade, as much as one-fourth of the nation’s natural gas demand.  Each of Pennsylvania’s 5,255 wells, as of the beginning of March 2012, with dozens being added each week, takes up about nine acres, including all access roads and pipe.

Over the expected lifetime of each well, companies may use as many as nine million gallons of water and 100,000 gallons of chemicals and radioactive isotopes within a four to six week period. The additives “are used to prevent pipe corrosion, kill bacteria, and assist in forcing the water and sand down-hole to fracture the targeted formation,” explains Thomas J. Pyle, president of the Institute for Energy Research. However, about 650 of the 750 chemicals used in fracking operations are known carcinogens, according to a report filed with the U.S. House of Representatives in April 2011. Fluids used in fracking include those that are “potentially hazardous,” including volatile organic compounds, according to Christopher Portier, director of the National Center for Environmental Health, a part of the federal Centers for Disease Control. In an email to the Associated Press in January 2012, Portier noted that waste water, in addition to bring up several elements, may be radioactive. Fracking is also believed to have been the cause of hundreds of small earthquakes in Ohio and other states.

The law, known as Act 13 of 2012, an amendment to Title 58 (Oil and Gas) of the Pennsylvania Consolidated Statutes, requires that companies provide to a state-maintained registry the names of chemicals and gases used in fracking. Physicians and others who work with citizen health issues may request specific information, but the company doesn’t have to provide that information if it claims it is a trade secret or proprietary information, nor does it have to reveal how the chemicals and gases used in fracking interact with natural compounds. If a company does release information about what is used, health care professionals are bound by a non-disclosure agreement that not only forbids them from warning the community of water and air pollution that may be caused by fracking, but which also forbids them from telling their own patients what the physician believes may have led to their health problems. A strict interpretation of the law would also forbid general practitioners and family practice physicians who sign the non-disclosure agreement and learn the contents of the “trade secrets” from notifying a specialist about the chemicals or compounds, thus delaying medical treatment.

The clauses are buried on pages 98 and 99 of the 174-page bill, which was initiated and passed by the Republican-controlled General Assembly and signed into law in February by Republican Gov. Tom Corbett.

“I have never seen anything like this in my 37 years of practice,” says Dr. Helen Podgainy, a pediatrician from Coraopolis, Pa. She says it’s common for physicians, epidemiologists, and others in the health care field to discuss and consult with each other about the possible problems that can affect various populations. Her first priority, she says, “is to diagnose and treat, and to be proactive in preventing harm to others.” The new law, she says, not only “hinders preventative measures for our patients, it slows the treatment process by gagging free discussion.”

Psychologists are also concerned about the effects of fracking and the law’s gag order. “We won’t know the extent of patients becoming anxious or depressed because of a lack of information about the fracking process and the chemicals used,” says Kathryn Vennie of Hawley, Pa., a clinical psychologist for 30 years. She says she is already seeing patients “who are seeking support because of the disruption to their environment.” Anxiety in the absence of information, she says, “can produce both mental and physical problems.”

The law is not only “unprecedented,” but will “complicate the ability of health department to collect information that would reveal trends that could help us to protect the public health,” says Dr. Jerome Paulson, director of the Mid-Atlantic Center for Children’s Health and the Environment at the Children’s National Medical Center in Washington, D.C.  Dr. Paulson, also professor of pediatrics at George Washington University, calls the law “detrimental to the delivery of personal health care and contradictory to the ethical principles of medicine and public health.” Physicians, he says, “have a moral and ethical responsibility to protect the health of the public, and this law precludes us from doing all we can to protect the public.” He has called for a moratorium on all drilling until the health effects can be analyzed.

Pennsylvania requires physicians to report to the state instances of 73 specific diseases, most of which are infectious diseases. However, the list also includes cancer, which may have origins not only from chemicals used to create the fissures that yield natural gas, but also in the blow-back of elements, including arsenic, present within the fissures. Thus, physicians are faced by conflicting legal and professional considerations.

“The confidentiality agreements are worrisome,” says Peter Scheer, a journalist/lawyer who is executive director of the First Amendment Coalition. Physicians who sign the non-disclosure agreements and then disclose the possible risks to protect the community can be sued for breech of contract, and the companies can seek both injunctions and damages, says Scheer.

In pre-trial discovery motions, a company might be required to reveal to the court what it claims are trade secrets and proprietary information, with the court determining if the chemical and gas combinations really are trade secrets or not. The court could also rule that the contract is unenforceable because it is contrary to public policy, which places the health of the public over the rights of an individual company to protect its trade secrets, says Scheer. However, the legal and financial resources of the natural gas corporations are far greater than those of individuals, and they can stall and outspend most legal challenges.

 Although Pennsylvania is determined to protect the natural gas industry, not everyone in the industry agrees with the need for secrecy.  Dave McCurdy, president of the American Gas Association, says he supports disclosing the contents included in fracturing fluids. In an opinion column published in the Denver Post, McCurdy further argued, “We need to do more as an industry to engage in a transparent and fact-based public dialogue on shale gas development.”

The Natural Gas committee of the U.S. Department of Energy agrees. “Our most important recommendations were for more transparency and dissemination of information about shale gas operations, including full disclosure of chemicals and additives that are being used,” said Dr. Mark Zoback, professor of geophysics at Stanford University and a Board member.

Both McCurdy’s statement and the Department of Energy’s strong recommendation about full disclosure were known to the Pennsylvania General Assembly when it created the law that restricted health care professionals from disseminating certain information that could help reduce significant health and environmental problems from fracking operations.

[Part 2 looks at the health issues and research studies. Part 3 looks at the truth behind why Pennsylvania has given advantages to the natural gas industry. Assisting on this series, in addition to those quoted within the articles, were Rosemary R. Brasch, Eileen Fay, Dr. Bernard Goldstein, and Dr. Wendy Lynne Lee. Walter Brasch’s current book is Before the First Snow, a critically-acclaimed novel that looks at what happens when government and energy companies form a symbiotic relationship, using ‘cheaper, cleaner’ fuel and the lure of jobs in a depressed economy but at the expense of significant health and environmental impact. The book is available at amazon.com and through the publisher’s website, http://www.greeleyandstone.com]

 

 

 

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