Health

The Health Policy Group provides policy analysis and innovative programming for state health policy leaders in the legislative and executive branches. This group also develops many publications and health forums for state leaders.

State leaders need access to critical and timely health policy information. CSG staff works to provide officials with best practices and policy analysis, helping lawmakers identify the best health solutions for their states.

CSG Midwest
Michigan is the first state in the Midwest with a law requiring employers to offer paid sick time to their workers. But after the legislative vote, it was unclear how long the new measure would stay on the books. The Earned Sick Time Act began as an initiative petition and was scheduled to be on the November ballot. However, the Michigan Constitution gives the Legislature the opportunity to consider proposed ballot initiatives. Legislative approval of paid sick time came in early September — meaning no statewide vote on the measure.
CSG Midwest
By 2022, every hospital emergency room in Illinois must have staff that can provide specialized care to victims of sexual assault. This new requirement is the result of HB 5245, a bill passed unanimously by the General Assembly and signed into law this summer. Under the law, a trained provider will have to be present in the emergency room within 90 minutes of the patient arriving in the hospital. According to the Illinois attorney general’s office, few hospitals currently provide specialized care for sexual assault victims.

The Twenty-First Amendment to the U.S. Constitution is famous because it repealed prohibition. The second section, which prohibits the transportation or importation of alcohol into a state in violation of state law, is less well-known. Despite this section’s broad language and the Supreme Court’s repeated affirmation that the states’ three-tier system of regulating alcohol (manufacturers sell to wholesalers; wholesalers sell to retailers; retailers to consumers) is constitutional, the Supreme Court has limited states’ ability to regulate the distribution of alcohol.

The question the Supreme Court will decide in Tennessee Wine & Spirits Retailers Association v. Byrd is whether Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license violates the Constitution’s dormant Commerce Clause. The dormant Commerce Clause prevents states from “discriminat[ing] against interstate commerce” or “favor[ing] in-state economic interests over out-of-state interests.”

According to Tennessee Wine & Spirits “[a]t least twenty-one States impose some form of durational-residency requirement for liquor retailers or wholesalers. And many States impose other residency-based requirements on those entities.”

CSG Midwest
Illinois residents dealing with chronic pain have been given an alternative to opioids — medical marijuana. SB 336 was signed into law in August. It provides certain individuals 21 and older with temporary access to the state’s existing medical cannabis program. This access is contingent on a licensed physician certifying that the individual has a condition for which opioids might be prescribed.
Participants must then register at a state-licensed dispensary. Dispensations are limited to 2.5 ounces every 14 days and cannot exceed 90 days per physician certification. The goal of the new law is to curb opioid addiction; according to the Illinois Department of Public Health, opioid deaths in the state increased 13 percent from 2016 to 2017.
CSG Midwest
Residents living in more than half of the nation’s counties have only one insurer to choose from on their state’s Affordable Care Act health insurance exchange. This lack of options is most prevalent in rural areas: 41 percent of enrollees in non-metro counties vs. the overall rate of 21 percent, according to the Kaiser Family Foundation.
Could the creation of agricultural cooperative health plans help fill insurance gaps, offer more choices for consumers and lower costs?
CSG Midwest
Earlier this year, Gov. Eric Holcomb signed SB 360, making Indiana the third Midwestern state to enshrine in state law a perinatal “levels of care” rating system for hospitals and birthing centers.

Yesterday, the U.S. Census Bureau released a report with 2017 data on health insurance status in each state. In 2017, 28.5 million people (or 8.8 percent) did not have health insurance at any point during the year. The uninsured rate and number were not statistically different from 2016. In some states the uninsured rate change between 2016 and 2017 was statistically significant. In three states – California, Louisiana, and New York—the percentage of people without insurance decreased, but in 14 states the percentage increased. The states where the uninsured rates increased are Connecticut, Florida, Georgia, Illinois, Iowa, Massachusetts, Minnesota, Ohio, Oregon, South Carolina, Tennessee, Texas, Vermont and West Virginia.

Chapter 9 of The Book of the States 2018 contains the following tables:

For three days in September 2018, state legislative leaders in the health arena will meet at the CSG Medicaid Leadership Academy to hear from federal government representatives and officials from health policy organizations and state Medicaid programs about innovative programs in states that are improving health outcomes and reducing health care costs.

Presentation topics will include dementia-competent care in Virginia, a telehealth diabetes monitoring program in Mississippi, a proposal in Oklahoma to move to value-based...

The Supreme Court has long resolved whether and when state law claims against drug manufacturers are preempted by federal law. The Third Circuit ruling in Merck Sharp & Dohme Corp. v. Albrecht is very favorable to state-law claims and likely will be modified, if not reversed, by the Supreme Court.

The Food and Drug Administration’s (FDA) approval of a drug warning label does not necessarily insulate drug manufacturers from state-law failure-to-warn claims. In Wyeth v. Levine (2009), the Supreme Court held that state failure-to-warn claims are preempted when there is “clear evidence” the FDA would not have approved the warning a plaintiff claims was necessary. In Merck Sharp & Dohme Corp. v. Albrecht, Merck claims there was such “undisputed” evidence in this case but the Third Circuit improperly allowed the case go to a jury for “conjecture as to why the FDA rejected the proposed warning.”

Pages