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Supreme Court’s New Health Law Case Cuts Both Ways

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In this March 28, 2012 file photo, supporters of health care reform rally in front of the Supreme Court in Washington on the final day of arguments regarding the health care law signed by President Barack Obama. Nearly five years after Obama signed his health care overhaul into law, the Supreme Court will again get to decide its fate.  (AP Photo/Charles Dharapak, File)

In this March 28, 2012 file photo, supporters of health care reform rally in front of the Supreme Court in Washington on the final day of arguments regarding the health care law signed by President Barack Obama. Nearly five years after Obama signed his health care overhaul into law, the Supreme Court will again get to decide its fate. (AP Photo/Charles Dharapak, File)

RICARDO ALONSO-ZALDIVAR, Associated Press

WASHINGTON (AP) — The Supreme Court is taking another look at President Barack Obama’s health care law, and this time it’s not just the White House that should be worried.

Republican lawmakers and governors, too, will feel the backlash if the court invalidates insurance subsidies worth billions of dollars to people in more than 30 states.

Obama’s law offers subsidized private insurance to people who don’t have access to it on the job. Without financial assistance with their premiums, millions of those consumers would drop coverage.

Disruptions in the affected states wouldn’t end there. If droves of healthy people bail out of HealthCare.gov, residents buying individual policies outside the government market could be next. Self-pay customers would face a jump in premiums because they’re in the same insurance pool as the subsidized ones.

Health insurers spent millions to defeat the law as it was being debated. But the industry told the court last month that the subsidies are a key to making the overhaul work. Withdrawing them would “make the situation worse than it was before” Congress passed the Affordable Care Act.

The debate over “Obamacare” was messy enough when just politics and ideology were involved. It gets really dicey with the well-being of millions of people in the balance.

“It is not simply a function of law or ideology; there are practical impacts on high numbers of people,” said Republican Mike Leavitt, a former federal health secretary now heading a health care consulting firm.

The legal issues involve the leeway federal agencies have in applying complex legislation. Opponents argue that the precise wording of the law only allows subsidies in states that set up their own insurance markets, or exchanges. That would leave out most beneficiaries, who live in states where the federal government runs the exchanges. The administration and the law’s Democratic authors say Congress clearly intended to provide subsidies in every state.

While predicting a victory, the White House has not prepared consumers for the consequences of a reversal. Health and Human Services Secretary Sylvia M. Burwell repeatedly said that “nothing has changed,” even as other supporters of the law grew alarmed when the Supreme Court unexpectedly took the case.

At a Senate hearing Wednesday, Burwell refused to get into ‘what-if’ scenarios, telling Republican lawmakers she is completely focused on the current sign-up season.

With oral arguments set for March 4 and a decision expected early in the summer, here’s what’s at stake:

RED STATES IN THE PATH

Insurance losses would be concentrated in Republican-led states, which have resisted “Obamacare.”

Florida, Texas, North Carolina, Georgia, Michigan, and New Jersey are among those with the most to lose. Residents of blue states that are running their own markets would continue to receive benefits.

Because the health law’s 2015 sign-up season is still under way, it’s unclear how many millions of people could become uninsured. Two independent studies estimate around 8 million.

Not all the 37 states where the federal government is currently running insurance markets would be affected equally. Some have made progress setting up their own exchanges.

TIME TO SCRAMBLE

If the Supreme Court rules in late June, that would leave about three months until the start of the next sign-up season for coverage.

If the ruling goes against the subsidies, it’s unclear whether the courts can delay the effects for more than a few weeks, and most state legislatures are not in session during the summer.

There’s speculation that the White House could quickly roll out an administrative fix, but Obama could also toss the whole mess into the lap of the GOP-led Congress.

Technically, a tweak from Congress could fix the problem. But after repeated votes to repeal “Obamacare,” would any Republicans be willing to facilitate its rescue?

“We don’t see fixes the administration can make, and we don’t see Congress acting to fix this,” said Neera Tanden, president of the Center for American Progress, a public-policy center aligned with the White House.

REPUBLICAN vs. REPUBLICAN?

Faced with constituents at risk of losing coverage, some congressional Republicans may be willing to fix the subsidies in exchange for concessions from Obama on a long hit list of health law provisions they object to.

But other Republicans will not want to lift a finger.

“The president will say, ‘With one line of legislation, you could save 5 million people from losing their health insurance,’ and the Republicans need to have a unified response,” said Leavitt, the former HHS secretary. “If they don’t, then it creates a problem for them.”

Despite several proposals in the five years since Obama’s overhaul passed, Republicans have not coalesced around an alternative and remain hard-pressed to do so.

To complicate matters, congressional action restoring some or all of the subsidies would have to be paid for with spending cuts or tax increases.

The last time the Supreme Court ruled on the health care law, the result was a 5-4 decision upholding its central requirement that virtually all Americans must carry health insurance. This time, it won’t just be political junkies holding their breath before the announcement, but many consumers as well.

___

The case is King v. Burwell, docket No. 14-114.

Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Community

Calif. Dept. of Public Health: Got Milk Allergies? Don’t Eat Dave’s Bakery Cornbread

The California Department of Public Health (CDPH) issued a warning on Jan. 26, instructing consumers with milk allergies or “severe sensitivity to milk” in the state to not eat Dave’s Bakery Corn Bread due to “risk of illness.” The CDPH warns that consumption of the corn bread manufactured by a Gardena-based company — with expiration dates up to June 18, 2024 — may lead to “life threatening” reactions.

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Dave's Bakery Corn Bread, 9 pack/net wt. 21 oz (595g) (Courtesy of CDPH)
Dave's Bakery Corn Bread, 9 pack/net wt. 21 oz (595g) (Courtesy of CDPH)

By California Black Media

The California Department of Public Health (CDPH) issued a warning on Jan. 26, instructing consumers with milk allergies or “severe sensitivity to milk” in the state to not eat Dave’s Bakery Corn Bread due to “risk of illness.”

The CDPH warns that consumption of the corn bread manufactured by a Gardena-based company — with expiration dates up to June 18, 2024 — may lead to “life threatening” reactions.

“This warning applies only to the Corn Bread produced by Bake R Us, DBA Dave’s Baking Company and distributed to schools, retail facilities and in vending machines primarily in southern California,” the DCPH statement reads.

“This product should not be confused with other similarly named companies with national distribution,” it continues.

 According to the CDPH, although the corn bread product contains whey, which is a milk allergen, there is no allergy warning label on the packaging, though it is required by state law.

So far, authorities say, no illnesses have been reported in the state, but if anyone finds the products on sale anywhere in the state, they should call the CDPH complaint hotline at (800) 495-3232 or file a report online at CDPH.ca.gov

The CDPH is also recommending that people who have eaten the product and are experiencing any reaction or ill effects should consult their health care provider.

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Bay Area

East Bay Regional Park District Issues Rattlesnake Advisory

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active. Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

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The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Courtesy photo.
The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Courtesy photo.

The Richmond Standard

The East Bay Regional Park District released an advisory today on rattlesnakes, which emerge from winter hibernation in early spring and become more active.

Warm weather can bring more potential for rattlesnake encounters with humans and dogs, particularly along trails and roads.

Visitors are encouraged to avoid hiking alone in case of an emergency, to scan the ground ahead as they walk, jog or ride, stay on trails avoiding tall grass, and to look carefully around and under logs and rocks before sitting down. Keep your dog on your leash to be extra safe, park officials said.

If you encounter a rattlesnake, leave it alone – it is unlawful to capture or harm one. Move carefully and slowly away or around it and give it plenty of space, park officials said.

Those who are bitten by a rattlesnake are instructed to stay calm by lying down with the affected limb lower than the heart, then having someone call 911.

Getting medical attention is critical.

Those bitten should not use tourniquets, “sucking,” or snake bite kits. If you are by yourself, walk calmly to the nearest source of help to dial 911, do not run.

If bitten by any other type of snake, wash the wound with soap and water or an antiseptic and seek medical attention.

Not sure what bit you? Check the bite for two puncture marks (in rare cases one) associated with intense, burning pain, which is typical of a rattlesnake bite. Other snakebites can leave marks without associated burning pain.

The Northern Pacific rattlesnake is the species found in East Bay Regional Parks. Snakes are important to the natural environment, helping to control rodents and other reptile populations. But enjoy them from afar.

For more information, download the Park District’s Common Snakes brochure or watch our Gopher Snake or Rattlesnake video to learn how to tell the difference between rattlesnakes and gopher snakes. Additional information is available at ebparks.org/safety/wildlife-encounters.

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Alameda County

A Safe Place, Bay Area Domestic Violence Community Organization, Opens New Service Center in Oakland

Oakland-Bay Area non-profit, A Safe Place, announces the grand opening of its newly purchased building in Oakland that will be a service center for families that have suffered from domestic violence. The new, two-story building has over six new service rooms for counseling, mental health support groups, legal services, children’s treatment, safe space for community engagement, and partnership activities.

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Façade of the new community center for A Safe Place opening on May 10 in Oakland. Courtesy photo.
Façade of the new community center for A Safe Place opening on May 10 in Oakland. Courtesy photo.

By Courtney Slocum Riley

Special to The Post

Oakland-Bay Area non-profit, A Safe Place, announces the grand opening of its newly purchased building in Oakland that will be a service center for families that have suffered from domestic violence.

The new, two-story building has over six new service rooms for counseling, mental health support groups, legal services, children’s treatment, safe space for community engagement, and partnership activities.

Domestic violence occurrences and offenses account for a considerable amount of all violent crimes in Alameda County. A Safe Place is attempting to provide a safe place for families to heal. A Safe Place is the only comprehensive domestic violence assistance program including a safehouse, in Oakland.

The grand opening celebration will also serve as a fundraiser to build out healing, therapeutic spaces for children and adult victims and survivors and survivors of domestic violence (male and female).

The new service center will expand the work of the organization, founded in 1976 when a group of women working in San Francisco came together to address the urgent need for a shelter in the East Bay. A year later, they founded A Safe Place (ASP) in Oakland. Run solely by volunteers, they set up a crisis line to offer crisis counseling and information to battered women and their children.

The organization serves over 500 adults and children annually through a host of services including crisis counseling via 24-hour crisis line, emergency motel and safehouse sheltering, mental health services (counseling and support groups).

Under the leadership of Executive Director, Carolyn Russell, the organization has grown from a single program into the comprehensive domestic violence and assistance program. ASP strives to meet the growing and diverse needs of our growing community.

The organization hopes to complete all the upgrades and therapeutic room improvements by August 2024. The public is invited to donate to the effort by using the website at www.asafeplace.org/donate. The organization also accepts in-kind gifts as well as items from the organization’s Amazon Wishlist.

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