Hospitals Earn Little From Suing For Unpaid Bills. For Patients, It Can Be ‘Ruinous’

Daisha Smith says she only realized she had been sued over her hospital bill when she saw her paycheck was being garnished. “I literally have no food in my house because they’re garnishing my check,” she says.
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Olivia Falcigno/NPR
The Fredericksburg General District Court is a red-brick courthouse with Greek columns in a picturesque, Colonial Virginia town. A horse and carriage are usually parked outside the visitor center down the street.
On a sunny morning — the second Friday in June — the first defendant at court is a young woman, Daisha Smith, 24, who arrives early; she has just come off working an overnight shift at a group home for the elderly. She is here because the local hospital sued her for an unpaid medical bill — a bill she didn’t know she owed until her wages started disappearing out of her paycheck.
The hospital, Mary Washington, sues so many patients that the court reserves a morning every month for its cases.
Inside the courthouse, it’s not hard to figure out where to go. Right through court security, there are signs on colored paper: “If you are here for a MW case, please register at the civil window.” When the elevators open, there’s another Mary Washington sign. Wearing name badges, Mary Washington billing staff members walk through the halls. They’ve set up a kind of field office in a witness room at the back of the courtroom, where they are ready and waiting to set up payment plans for defendants.
On June 14, only a handful of the 300 people summoned to court show up. Most of the lawsuits were filed by the hospital, along with some others from medical companies affiliated with Mary Washington Healthcare.
The hundreds that did not come have default judgments made against them, meaning their wages can be garnished.
Those who did sit scattered throughout the bright, mostly empty courtroom, under the schoolhouse lamps.
At 9 a.m., the judge walks into court, and everybody rises.
“Good morning,” he says. “This is what we call the hospital docket.”
Mary Washington Hospital sues so many patients that the Fredericksburg General District Court, seen above, reserves a morning every month for the hospital’s cases.
Jaci Starkey
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Jaci Starkey
Bill collection through the courts
Not every hospital sues over unpaid bills, but a few sue a lot. In Virginia, 36% of hospitals sued patients and garnished their wages in 2017, according to a study published Tuesday in the American Medical Association’s journal, JAMA. Five hospitals accounted for over half of all lawsuits — and all but one of those were nonprofits. Mary Washington sued the most patients, according to the researchers.
Mary Washington defends the practice as a legal and transparent way to collect bills. It says it makes every effort to reach patients before it files papers to sue.
But others who observe and research the industry find it troubling that hospitals, especially nonprofits, are suing their patients.
“Hospitals were built — mostly by churches — to be a safe haven for people regardless of one’s race, creed or ability to pay. Hospitals have a nonprofit status — most of them — for a reason,” says Martin Makary, one of the JAMA study’s authors and a surgeon and researcher at Johns Hopkins Medicine. “They’re supposed to be community institutions.”
There are no good national data on the practice, but journalists have reported on hospitals suing patients all over the United States, from North Carolina to Nebraska to Ohio. In 2014, NPR and ProPublica published stories about a hospital in Missouri that sued 6,000 patients over a four-year period.
Typically these aren’t huge bills. In Virginia, the average amount garnished was $2,783.15, according to the JAMA study. Walmart, Wells Fargo, Amazon and Lowe’s were the top employers of people whose wages were garnished.
“If you’re a nonprofit hospital and you have this mission to serve your community, [lawsuits] should really be an absolute last resort,” says Jenifer Bosco, staff attorney at the National Consumer Law Center.
Bosco explains that IRS rules require nonprofit hospitals to have financial assistance programs and prohibit them from taking “extraordinary collection actions” on unpaid medical bills without first attempting to determine patients’ eligibility for financial assistance.
Nonprofit hospitals, Bosco says, “have to provide some sort of financial help for lower-income people, but the federal rules don’t say how much help, and they don’t say how poor you have to be to qualify [or] if you have to be insured or uninsured.”
As a result, she says, nonprofit hospitals have “a lot of free rein to make up their own policy of what they think is appropriate.”
A Mary Washington Hospital billboard greets people coming into town.
Olivia Falcigno/NPR
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Olivia Falcigno/NPR
“Hospitals sometimes can legally sue their patients for medical debts,” Bosco says. “The question is whether that’s something that they should be doing.”
For Makary, as a doctor, the answer is simple: “It’s a disgrace every place where it happens,” he says.
The “hospital docket” at the Fredericksburg court illustrates how far hospitals will go to pursue debts, he says: “It’s almost as if the courthouse has converted into a taxpayer-funded collections agency.”
“Who’s garnishing my check?”
Smith is unflinching when she talks about Mary Washington and what happened to her after she went to the hospital in 2017.
At the time she didn’t have insurance. She was working part time at Walmart for $11 an hour. She doesn’t want to give the details about why she ended up at the hospital. “I was not myself,” she says. “So I walked myself into Mary Washington to get help — to get myself on track.” She says she was admitted for two weeks.
Smith says no one told her about the financial assistance program or talked to her about her bill. According to the hospital’s policy, someone making less than $25,000 without health insurance should qualify for “free care.” But the hospital sued her for $12,287.68. She had a default judgement against her and did not realize she had been sued until she saw her paycheck mysteriously disappearing.
“When I looked at my pay stub, I’m like, ‘Why do I only have like $600-something in my account?’ ” She noticed “garnish” written on the bottom of her pay stub. “So I called my company and asked them, ‘Who’s garnishing my check?’ ” They told her it was Mary Washington.
With the garnishment, her take-home pay for a month of work comes to about $1,400. Her rent is $1,055. “I literally have no food in my house because they’re garnishing my check,” she says.
She knows she is not the only one that Mary Washington has gone after for an unpaid bill. Her relative had one, too, and got on a payment plan. Her co-worker was also sued.
“And that’s crazy,” she says, shaking her head. To Mary Washington Hospital, she says: “People need help. You all are just money hungry.”

Mary Washington Hospital sues more patients than any other hospital in Virginia, according to researchers at Johns Hopkins.
Dwayne and Maryanne Moyers
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Dwayne and Maryanne Moyers
A thin slice of revenue
In the courtroom, on hospital docket day in June, the judge ran through the cases quickly. One man owed $1,500 after an emergency room visit. A nurse was on the hook for over $20,000 after one of her children had a mental health evaluation. Another woman wasn’t sure why she was being sued for $1,400 — it could have been from an outpatient surgery she had three years ago. The day’s hearings are all over in 45 minutes.
Mary Washington Healthcare stands by its practice of suing patients and says that lawsuits are relatively rare.
“It’s important to us, as a small community, and a safety net hospital, that we’re doing everything we can for our patients to avoid aggressive collections,” says Lisa Henry, communications director for the health care system.
Henry says Mary Washington has a months-long process for trying to reach patients before it takes legal action. “By phone, by mail, by email — any access point we’re given from them when they register,” she says.
“Unfortunately, if we don’t hear back from folks or they don’t make a payment we’re assuming that they’re not prepared to pay their bill, so we do issue papers to the court,” she says.
Mary Washington Healthcare includes two hospitals, a network of physician practices, specialty care and outpatient centers.
Henry says the “vast majority” of patients who are eligible do get signed up for their financial assistance program, getting discounted or free care or setting up a payment plan. “A small percentage then goes on to collection and then even smaller goes to litigation,” she says. “We see thousands of patients a year and less than 1% go to litigation.”
In fact, Henry says that the revenue the hospital got from garnishing people’s wages was only 0.21% of its $624 million total revenue in 2018. That’s slightly higher than the average collected by other Virginia hospitals, according to the JAMA study, which found hospitals collected an average of 0.1% of their total revenue from garnishments.
Erin Fuse Brown, a law professor at Georgia State University whose work focuses on health care costs, says there are bigger philosophical questions here about a hospital’s role.
“There has to be a balance between getting their bills paid but also being a reasonable community member,” she says. Regarding lawsuits, she adds: “It doesn’t seem to be worth the effort, and it’s so ruinous to the patient — not just the financial obligation but the effect on your credit, on your record, the emotional effect of being sued.”
Dr. Martin Makary is leading an advocacy effort to get Mary Washington Hospital to stop suing patients over unpaid bills. The advocates meet across the street from the courthouse every month to discuss strategy.
Olivia Falcigno/NPR
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Olivia Falcigno/NPR
Mary Washington Healthcare has chosen to go through the legal system intentionally, Henry says. “We selected to do this because we think it is a fair and appropriate way to help our patients reach out to us — to open the lines of communication,” she says. “There are many cases resolved before litigation. The court summons alone is enough to open that door of communication so that we can work with them.”
Henry says the Virginia hospitals that don’t sue patients are probably outsourcing their collection of unpaid bills. “Most sell their debt. We have elected not to ever sell our debt in small claims,” she says. “The reason for that is the collections agencies can be aggressive.”
Fuse Brown says IRS rules for nonprofit hospitals don’t distinguish between whether a hospital is trying to collect an unpaid bill directly or using a private collection company. “They’re recognized to be fairly harsh tactics, whether the hospital is the one doing the suing or whether it’s a debt collection agent,” she says. “Certainly to the patient, all of that feels equally stressful and burdensome.”
She says it’s hard to know at a national level how many nonprofit hospitals sue patients who haven’t paid their bills, how many sell the debt, and how many write it off. “I haven’t seen any good studies that tried to estimate the number of hospitals that are doing this or the percentage of patients who are subjected to this type of debt collection activity,” Fuse Brown says.
She adds, it’s a shame information about hospitals’ collection practices isn’t widely available. “Wouldn’t you like to know that if you were a patient?” she asks.
“Do you owe this money?”
On June 14, a group of doctors, pre-med students and a lawyer headed to the Fredericksburg court early, and as patients collected in the hall outside the double doors of the courtroom, the group approached them, asking, “Are you here because you’ve been sued by Mary Washington?” Nearly everyone nodded cautiously. And most were open to talking about and sharing what happened to them.
This group is part of an advocacy campaign to support patients who are being sued by the hospital. The effort is led by Johns Hopkins researcher Makary, the author of the JAMA study.
He first found out about this hospital’s lawsuits last fall while working on The Price We Pay, his forthcoming book on dysfunction in the American health care system. He was so outraged by what is happening to patients in Fredericksburg that he has started showing up every month when hospital cases are heard in the court.
Joseph Kirchgessner grew up around Fredericksburg, Va., and heard “horror stories” about the local hospital. Now he is an attorney and represents patients who have been sued over their unpaid bills.
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“To see these aggressive, and even predatory, collection strategies affect everyday teachers, farmers, even nurses — it’s heartbreaking and it’s wrong and it needs to stop,” Makary says.
Part of the advocates’ strategy to help patients fight these lawsuits is to encourage them to contest their bills, rather than admit they owe the money.
“The No. 1 thing we need them to do is when the judge asks that initial screening question, ‘Do you owe this money?’ the answer they need to say is, ‘No,’ ” Makary explains. “That allows us to make the arguments and to have a hearing.”
If they say yes, which many of them do, “That’s kind of the kiss of death — you’re going to get a judgment against you,” says Joseph Kirchgessner, the local attorney working with the advocacy team.
The underlying thinking is that patients rarely have a chance to negotiate the cost of medical services in advance and that bills may be unreasonable, especially in light of their financial circumstances. A patient who contests may be able to negotiate a better price or have the bill forgiven.
Kirchgessner says he plans to argue that hospital contracts, often signed under duress during a medical crisis, aren’t valid. Makary is ready and willing to be an expert medical witness, to testify about whether there are hospital markups or unnecessary procedures.
But Kirchgessner hasn’t had a chance to defend a Mary Washington case in court yet, he says, because each time he gets close to a trial date, the hospital withdraws its case against the patient. This leaves the issue unresolved. The hospital can still try to collect, or bring a future lawsuit.
The advocates are also politely asking hospitals like Mary Washington to end the practice of suing over unpaid bills. Makary has chatted with doctors in the hospital cafeteria, imploring them to tell their administrators to stop. (Makary has been doing that himself, at his own hospital — Johns Hopkins Hospital — which was also recently reported to be suing patients over their bills.) He sent a letter to Mary Washington Healthcare’s CEO and board members asking that they stop the suits.
“We’ve told the hospital that we will plan to be there on every single court date until the hospital decides to stop suing low-income patients for bills that they simply can’t afford,” Makary says.
Mary Washington’s Henry says that because all of the court records are public, they are subject to more scrutiny than hospitals that use collection agencies.
“We’re really unclear as to why Mary Washington Healthcare in particular has become the face of this,” she says. “I don’t think we’re alone — all hospitals are struggling with, ‘How do we collect appropriately from our patients to stay open as a safety net hospital?’ “
A “wild card” case
Thanks to the volunteer advocates, Smith now has an attorney — Kirchgessner.
He says taking her case “was a bit of a wild card” since it’s too late for her to contest the bill. All he can do for her now is try to get the garnishment lowered or removed altogether. “There are certain laws in Virginia about how people are garnished, how much they can take,” he explains.
The next step is to meet with Smith to work out her income and expenses and make a plan.
Since her paycheck started being garnished, Smith had to take on another job to keep up with her rent. “The second job’s not helping much, but it’s something,” she says. She is also now working full time at the group home and is enrolled in Medicaid.
If her check weren’t being garnished, she says, “I’d be fine. I would have everything that I needed — saving money, everything would be paid, food would be in the house.” She’s glad to have a lawyer helping her with her case. There is a new hearing date set for July.
Now, if she has a medical issue, “I go to urgent care,” she says. “I stay away from Mary Washington.”
Trump’s Plan To Lower Your Hospital Costs: Here’s What You Need To Know

An executive order President Trump signed Monday aims to make most hospital pricing more transparent to patients, long before they get the bill.
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Anyone who has tried to shop around for hospital services knows this: It’s hard to get prices in advance.
President Trump signed an executive order Monday that he says would make such comparisons easier, and make the pricing process more transparent.
The order directs agencies to draw up rules requiring hospitals and insurers to make public more information on the negotiated prices they hammer out in contract negotiations. Also, hospitals and insurers would have to give estimates on out-of-pocket costs to patients before they go in for nonemergency medical care.
“This will put American patients in control and address fundamental drivers of health care costs in a way no president has done before,” said Health and Human Services Secretary Alex Azar during a press briefing Monday.
But just how useful the effort will prove for consumers remains unclear.
If the executive order leads to finalized HHS rules, proponents say it could encourage competition and lower prices.
Other health care analysts say much depends on how the administration writes the rules over the next several months — rules that govern what information must be provided and in what format. Trump’s executive order already is running into opposition from some hospitals and insurers who say disclosing negotiated rates could drive up costs.
As health care consumers await more details on those rules, here’s what we know:
Q: What does the order do?
It may expand price information consumers receive.
The order directs agencies to develop rules to require hospitals and insurers to provide information “based on negotiated rates” to the public.
Currently, such rates are hard to get, even for patients, until after medical care is provided. That’s when insured patients get an “explanation of benefits,” which shows how much the hospital charged, how much of a discount their insurer received and the amount a patient may owe.
In addition to consumers being unable to get price information upfront in many cases, hospital list prices and negotiated discount rates vary widely by hospital and insurer, even within the same region. Uninsured patients often are charged the full amounts.
“People are sick and tired of hospitals playing these games with prices,” says George Nation, a business professor at Lehigh University who studies hospital contract law. “That’s what’s driving all of this.”
Some insurers and hospitals do provide online tools or apps that already can help individual patients estimate out-of-pocket costs for a service or procedure ahead of time. But research shows few patients use such tools. Also, many medical services are needed without much notice — think of a heart attack or a broken leg — so shopping for price simply isn’t possible.
Administration officials say they want patients to have access to more information, including “advance EOBs” that outline anticipated costs before patients get nonemergency medical care. In theory, that would allow consumers to shop around for lower cost care.
Q: Isn’t this information already available?
Not exactly. In January, new rules took effect under the Affordable Care Act that require hospitals to post online their “list prices.” These are prices hospitals set themselves, and have little relation to actual costs or what insurers actually pay.
What’s resulted are often confusing spreadsheets that contain thousands of a la carte charges — ranging from the price of medicines and sutures to room costs, among other things — that patients have to piece together (if they can) to estimate their total bill. Also, those list charges don’t reflect the discounted rates insurers have negotiated, so they are of little use to insured patients who might want to compare prices from hospital to hospital.
In theory, at least, the information that would result from Trump’s executive order would provide more detail based on negotiated, discounted rates.
A senior administration official at the press briefing said details about whether the rates would be aggregated or relate to individual hospitals would be spelled out only when the administration puts forward proposed rules to implement the order later this year. It also is still unclear how the administration would enforce the rules.
Another limitation to the executive order: It applies only to hospitals and the medical staff they employ. Many hospitals are staffed by doctors who are not directly employed, or rely on laboratories that are also separate. That means negotiated prices for services provided by such laboratories or physicians would not have to be disclosed.
Q: How could consumers use this information?
In theory, consumers could get information in advance that would allow them to compare prices for, say, a hip replacement or knee surgery.
But that could prove difficult if the rates are not fairly hospital-specific, or if they are not lumped in with all the care needed for a specific procedure or surgery.
“They could take the top 20 common procedures the hospital does, for example, and put negotiated prices on them,” says Nation. “It makes sense to do an average for that particular hospital, so I can see how much it’s going to cost to have my knee replaced at St. Joe’s versus St. Anne’s.”
Having advance notice of out-of-pocket costs could also help patients who have high-deductible plans.
“Patients are increasingly subject to insurance deductibles and other forms of substantial cost sharing. For a subset of so-called ‘shoppable services’, patients would benefit from price estimates in advance that allow them to compare options and plan financially for their care,” says John Rother, president and CEO at the advocacy group National Coalition on Health Care.
Q: Would the availability of this extra information push consumers to shop for health care?
The short answer is maybe.
“The evidence to date shows patients aren’t necessarily the best shoppers, but we haven’t given them the best tools to be shoppers,” says Lovisa Gustafsson, assistant vice president at the Commonwealth Fund.
Posting negotiated rates might be a step forward, she says, but only if the information is easily understandable.
It’s also possible that insurers, physician offices, consumer groups or online businesses would find ways to help direct patients to the most cost-effective locations for surgeries, tests or other procedures based on the information.
“Institutions like Consumer Reports or Consumer Checkbook could do some kind of high-level comparison between facilities or doctors,” says Tim Jost, a professor emeritus at the Washington and Lee University School of Law.
But some hospitals and insurers maintain that disclosing specific rates could backfire.
Hospitals charging lower rates, for example, might raise them if they see competitors are getting higher reimbursement from insurers. And insurers say they might be hampered in their ability to negotiate if rivals all know what they each pay.
“We also agree that patients should have accurate, real-time information about costs so they can make the best, most informed decisions about their care,” said the lobbying group America’s Health Insurance Plans, in a written statement. “But publicly disclosing competitively negotiated, proprietary rates will reduce competition and push prices higher — not lower — for consumers, patients and taxpayers.”
Kaiser Health News is a nonprofit, editorially independent program of the Kaiser Family Foundation, and is not affiliated with Kaiser Permanente.
Doctors Learn The Nuts And Bolts Of Robotic Surgery

During a training session, Dr. Kenneth Kim and a surgical resident practice a hysterectomy on a robotic simulator at UAB Hospital.
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Across the country, surgeons are learning to use more than just scalpels and forceps. In the past decade, a growing number of medical institutions have invested in the da Vinci robot, the most common device used to perform robot-assisted, or robotic, surgery.
Compared to traditional open surgery, robotic surgery is minimally invasive and recovery time is often shorter, making the technology attractive to patients and doctors. But the da Vinci surgical system is expensive, costing as much as $2 million, and recent studies show that for certain procedures it can sometimes lead to worse long-term outcomes than other types of surgery.
Even so, the robot has become common practice in some specialties, such as urology and gynecology, and that growth is expected to continue, which means more surgeons are learning to use the device.
“It’s not necessarily, ‘Is robot better?’ ” says Dr. Kenneth Kim, director of the robotic training program at UAB Hospital in Birmingham, Alabama. “Robot is just another tool that they need to master just like any other surgical tool.”
But “mastering the robot” can be a challenge.
“It never was an issue because open surgery, like scissors — like everyone learns how to use scissors in kindergarten,” Kim says. “Everyone knows, functionally, how to use a knife. But with the robot, it’s a totally different, new tool and it’s more complex, so now that has a separate learning curve.”
The da Vinci robot is not self-operating, at least not yet. Instead, it works almost like a big video game. The surgeon sits at a console station and uses hand and feet controls to manipulate a separate surgical part attached to the patient.
Operating in virtual reality
One way students get comfortable with the device is by operating in virtual reality. At training institutions like UAB, surgical residents use a simulator to complete monthly tasks and practice common procedures.
OBGYN resident Teresa Boitano says the exercises help develop skills that are directly applicable to the operating room. During one of these tasks, Boitano moves the robot arms to precisely place colorful rings onto corresponding spikes.
“And so I’m going now to grab this first ring and at the same time I’m thinking, ‘OK now where do I need to go to get the next one?’ ” Boitano says. “You’re always trying to stay ahead of the game but then also, making sure you’re not doing any errors at the same time.”
If she does make a mistake, the machine will tell her. Kim says the latest simulators come equipped with advanced motion-tracking technology. So while Boitano’s practicing a task or doing a run through a hysterectomy in virtual reality, the simulator records her movement – how accurately she uses the robot arms or how fast she completes the exercise. It provides objective data about surgical performance.
Dr. Khurshid Guru, director of robotic surgery at Roswell Park Comprehensive Cancer Center in New York, says this simulator technology helps standardize the training process.
“The analogy is that now you don’t have to worry about learning how to drive a car because everybody could get onto the street, they are taught the basic principles of driving a car,” Guru says. “The million-dollar question now is, ‘When would you allow them to get onto the expressway?’ “
Guru says that is the next step, when surgeons specialize in different procedures.
Robot-assisted surgery not for every patient
Dr. Monica Hagan Vetter, of The Ohio State University, has studied robotic training programs across the country. She says using a simulator to measure surgical ability helps ensure surgeons have a certain level of skill before they actually operate on people.
“You can learn the steps of the procedure,” Vetter says, “but if you don’t know how the robot works, if you don’t know how to troubleshoot the robot or what to do in an emergency, then even if you can perform the world’s best hysterectomy and you know all the steps and all the instruments, you are not safe to do that.”
Dr. Kenneth Kim says simulators and the data they provide help streamline the teaching process and offer the opportunity to give students more objective feedback. It is a way for surgeons to learn to use the da Vinci robot as a tool, but Kim says they still have to watch and learn.
“The simulator’s good, but it can only simulate so much,” he says.
In the real world, Kim says robot-assisted surgery is not right for every patient. A surgeon needs to know when to use it and when not to use it, and those decisions can change as researchers continue to study patient outcomes from robotic surgery.
Missouri Refuses To Renew The License Of Its Only Abortion Clinic
Missouri said Friday it won’t renew a license for the last clinic providing abortions in the state. But a judge ruled the clinic can keep providing abortions while the dispute continues.
ARI SHAPIRO, HOST:
Today, Missouri refused to renew the license of its only abortion clinic, but a judge says the clinic, a Planned Parenthood affiliate in St. Louis, can remain open and can keep performing abortions for now. So where does that leave things? We’re joined by Eli Chen of St. Louis Public Radio. Welcome.
ELI CHEN, BYLINE: Hi. Glad to be here.
SHAPIRO: Why did the state say it would not renew the clinic’s license?
CHEN: So Missouri health officials say that the clinic leaders didn’t want to cooperate and that they found 30 deficiencies in inspection earlier this year and corrected just four of those. Randall Williams is the director of the Missouri department of Health & Senior Services. And he says some doctors refused to be interviewed about some patient cases. And here’s him discussing that very point today in Jefferson City, our state capital.
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RANDALL WILLIAMS: That would be like the FAA having a plane crash in which people got injured and investigating it and when people say, well, what – did you talk to the pilots, say, no, we didn’t talk to the pilots.
SHAPIRO: Now, we know that this standoff had been going on for several weeks and went to a court. How did we get to the judge’s ruling that the clinic could remain open despite not having a license?
CHEN: Yeah. So Planned Parenthood had already filed suit and obtained an injunction to keep going once it became clear that there was a dispute over the license. The judge said today that the injunction is still in effect and abortions are still available at the St. Louis clinic. And he’s going to continue looking at all the legal issues and will issue another decision as soon as he can. But we don’t know when that will be or what exactly he’ll decide.
SHAPIRO: So the status quo continues, at least for the time being. Does Planned Parenthood consider that a win?
CHEN: Their position has been that the state is using the licensing process as a political weapon. M’Evie Mead is the head of Planned Parenthood Advocates of Missouri, and here’s what she had to say this morning to reporters about the state health director, Randall Williams.
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M’EVIE MEAD: He has made a debacle of this process and has dragged Missouri through shameful, shameful attention. And he has harmed many, many, many women.
CHEN: But Mead wanted everyone to know that the judge is still allowing women to get abortions at the clinic.
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MEAD: Today is a victory for women to be able to access the kind of medical care that they and their health professionals need and deserve.
SHAPIRO: OK. So Planned Parenthood is framing it as a win, but it is a temporary win until the judge decides. Do we know how long this will continue and how long this clinic will be under a cloud of uncertainty?
CHEN: It’s unclear how long this really could go on for because the judge could decide the state can’t do this. He might decide that another state body should get involved in the licensing issue or he might decide to hear the full lawsuit himself. It could be any number of things. And, Ari, there is another major development that happened. The state had wanted all abortion clinics to conduct two mandatory pelvic exams before an abortion, but Planned Parenthood pushed back and has been saying that’s been really invasive and traumatic and unnecessary. And today, the Missouri health director conceded a bit on that point. He said he would allow just one pelvic exam on the day of the operation if the doctor gave a medical reason.
SHAPIRO: That’s Eli Chen of St. Louis Public Radio. Thanks very much.
CHEN: Thank you.
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In Rural Wyoming, This Program Is Designed To Help Patients Manage Medical Needs
Managing chronic pain can be particularly difficult for people in rural areas because of the necessity of frequent doctor visits. Volunteers in rural Wyoming are trying to help.
AUDIE CORNISH, HOST:
When you live in a rural place, the doctor’s office or emergency room can be hard to get to. For people living with chronic conditions, that makes life complicated. Wyoming Public Radio’s Maggie Mullen reports on one program designed to help rural patients manage their medical needs.
MAGGIE MULLEN, BYLINE: Gary and Celeste Havener live 40 miles outside of Laramie in southeast Wyoming. They spend a lot of their time growing vegetables and riding horses across the prairie.
GARY HAVENER: And any time you get on a horse, anything can happen.
MULLEN: A few weeks ago, Celeste fell off her horse.
CELESTE HAVENER: Had a very ungraceful dismount and tweaked my knee pretty good.
MULLEN: Afterwards, she laid on the ground for a while, trying to figure out how hurt she was, but also wondering if a visit to the doctor was worth it.
C. HAVENER: After it didn’t get better, I did go to town.
MULLEN: This kind of decision-making is something she and her husband do often since they both have other health issues. Gary deals with pain from injuries working as a carpenter, and Celeste just recently wrapped up radiation treatment for breast cancer.
C. HAVENER: I think most rural people choose Dr. Denial as their first choice. Dr. Google is their second choice.
MULLEN: In a recent poll by NPR, the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health, 26% of rural Americans say there’s been a time the past few years when they needed health care, but did not get it. A majority of them say it was because financial barriers kept them from seeing a doctor, but almost a quarter of them say it was because health care was too far or difficult to get to. That’s where Janet Korpela comes in.
JANET KORPELA: In a rural area, if someone can manage their own health better and go to the doctor less often, then that’s a win for everybody.
MULLEN: Today, she’s running a leader training with eight volunteers for a program called Healthy U.
(SOUNDBITE OF TABLES BEING MOVED)
MULLEN: They arrange tables in a circle so participants can all face one another. The people from this training will go back into their communities to teach patients living with chronic conditions how to better manage their health. These leaders don’t need a medical background. Korpela says, they just need to be willing to do the 40 hours of free training.
KORPELA: This curriculum is really designed to be led by pure leaders, which means that the leaders should be equivalent or equal to the people who will eventually be taking the workshops.
MULLEN: One of the things volunteers do in the training is role-play. Korpela is in the role of patient.
KORPELA: My action plan was to take my prescribed medication daily, on time, as prescribed. And I did not do that. And actually…
MULLEN: Volunteers learn to brainstorm solutions. Melanie Pearce and Dawn Garrison have a few ideas.
MELANIE PEARCE: Take your medicine with a regular activity.
DAWN GARRISON: I said, put it by the toothpaste so when you brush your teeth in the morning, you take it first thing in the morning. I’m assuming that you brush your teeth every morning.
(LAUGHTER)
MULLEN: This is called action planning, and studies show it’s effective at improving quality of life and reducing the number of doctor visits or hospitalization.
ANNA D’HOOGE: I mean, I think we tend to think of it as a medical issue in the sense of disease management – like, you just need to go to the doctor or take your medication.
MULLEN: That’s Anna D’Hooge. She’s one of 62 people in Wyoming to complete the leader training. She’s a nutritionist at a hospital in Cheyenne, and the majority of her patients deal with a chronic condition.
D’HOOGE: Hopefully, people will realize, oh, well, I’m not a health care doctor. I’m not a nurse, but I do have these skills, so I can help my friend with chronic disease by doing this.
MULLEN: For D’Hooge, she decided to do the training as a way to make her community a healthier place to live. For NPR News, I’m Maggie Mullen in Laramie.
Copyright © 2019 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
A Clearer Map For Aging: ‘Elderhood’ Shows How Geriatricians Help Seniors Thrive
Attorneys Unveil Plan For National Settlement Of Lawsuits From Opioid Epidemic
Attorneys who represent hundreds of local governments have a new proposal for how to deal with the opioid crisis. They unveiled the framework for nationwide settlement in federal court on Friday.
MARY LOUISE KELLY, HOST:
All right, attorneys representing hundreds of local governments around the country met this morning in Ohio. They unveiled a plan they hope will lead to a national settlement of lawsuits stemming from the opioid epidemic. Tens of billions of dollars are at stake. A lot of that money could go to helping people struggling with addiction, but big hurdles remain before the drug industry agrees to major payouts.
North Country Public Radio’s Brian Mann reports.
BRIAN MANN, BYLINE: The motion was filed in a federal court in Ohio by a team of attorneys who represent 1,200 counties, cities and towns that all say they need money to help respond to the opioid epidemic. One of those attorneys, Joe Rice, says they’ve been trying to reach a settlement with two dozen drugmakers and distributors that sold opioid medications. But during negotiations over the last year, companies haven’t signed on.
JOE RICE: The defendants don’t have a sense of how they get closure. How can they put this issue behind them? And with the whole country involved, it’s a difficult question.
MANN: The problem, says Richard Ausness, a professor at the University of Kentucky who follows opioid litigation, is that if companies like Purdue Pharma and McKesson settle for billions of dollars with one group of towns and cities, they could still face other litigation. What the drug industry wants, he says, is a deal that brings closure.
RICHARD AUSNESS: Because obviously they don’t want too many outliers suing them after they’ve settled with the majority. And this proposed settlement seems to anticipate that and try to provide for as much of a global settlement as is possible.
MANN: The plan unveiled today doesn’t include the dollar amounts for a settlement or a formula for who would pay. Negotiations haven’t gotten that far. What this plan does is lay out a deal where roughly 24,000 local governments would all be swept into a single group that could settle with drug companies together. Those communities would get to vote on any proposed payout. They could also opt out of the arrangements altogether. But attorney Joe Rice says he hopes for a lot of buy-in if this plan is approved by the court.
RICE: This is an attempt to bring a organizational load to the municipalities around the country in order they can speak with a voice.
MANN: This kind of closure and clarity could be an important bargaining chip because local governments hope for massive compensation, payouts that would rival the big tobacco settlements of the 1990s.
RICE: Tens of billions of dollars would be needed to make a significant – a real significant impact on this epidemic.
MANN: Attorneys for two of the drug companies involved in this lawsuit describe the proposal as interesting but preliminary. They said they haven’t had time to work through the details of how it would work. Some companies are also still reluctant to admit wrongdoing. Johnson & Johnson is facing a state civil trial right now in Oklahoma, accused of improperly marketing opioid products. Earlier this year, Jennifer Taubert, CEO of Johnson & Johnson’s Janssen division, testified before Congress, insisting the company isn’t responsible for the prescription opioid epidemic.
(SOUNDBITE OF ARCHIVED RECORDING)
JENNIFER TAUBERT: Everything that we have done with our products when we promoted opioid products, which we stopped marketing a long time ago, was very appropriate and responsible.
MANN: Joe Rice, attorney with the plaintiffs group that filed the motion today, says he doesn’t think this proposed settlement framework will resolve all opioid litigation against Big Pharma. But he does think it might allow companies or groups of companies to now come forward and cut a deal.
RICE: I think that the distributors could potentially all get on the same page. I think the manufacturers could potentially get on the same page.
MANN: The judge overseeing the consolidated federal opioid case in Ohio, Dan Polster, has been pushing for the parties to reach a settlement. So far, that’s been elusive, but sources tell NPR the creation of this new framework was one of the steps the court asked for to help make a final deal possible. Brian Mann, NPR News.
Copyright © 2019 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
How One Father Became A Leading Activist In The Fight Against Opioids
When Greg McNeil’s son Sam died of a heroin overdose in 2015, after first becoming addicted to prescription pain pills, the father reinvented himself as an opioid activist.
MARY LOUISE KELLY, HOST:
If we look at the opioid epidemic alone, it’s killed hundreds of thousands of Americans and damaged the lives of millions more. North Country Public Radio’s Brian Mann introduces us to a father who became a leading activist in the fight against opioids after his son died of an overdose.
GREG MCNEIL: All right, this way. Come on.
BRIAN MANN, BYLINE: I meet Greg McNeil at a fire hall in Green, Ohio, a suburban city outside Akron. He’s not a guy who ever expected to be on the frontlines of a deadly epidemic. He was a Web developer and IT specialist. Then, in 2007, his son Sam got sick.
MCNEIL: After an injury and surgery, he actually became addicted within 10 days because he was back in the ER within 10 days as a drug-seeking patient.
MANN: Like a lot of Americans, Sam became dependent on prescription opioids, on painkillers. In the years that followed, he turned to street drugs. The family tried to help intervening repeatedly. Greg says he thought his son was getting better.
MCNEIL: For whatever reason, he texted his old supplier. And they found him the next day. He had been given heroin that was laced with fentanyl.
MANN: Sam was 28. Greg still looks pretty much like a businessman and a father – white hair, trim suit – but he says his old life, the person he was, ended that day in October 2015. He started trying to understand the opioid epidemic, trying to get other people to do more to stop it.
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UNIDENTIFIED PERSON: As a family, we thought we were prepared to help Sam fight addiction. We were painfully mistaken. Our mission is to arm others…
MANN: Working with his daughter Amy, Greg started a podcast in 2016 that emerged as a forum for information about the opioid epidemic. It features in-depth interviews with policymakers, members of Congress, scientists and public health experts like Tom Frieden, former head of the Centers for Disease Control.
(SOUNDBITE OF ARCHIVED RECORDING)
TOM FRIEDEN: Hey. This is a huge problem, folks. Pay attention. Let’s do everything we can to stop it.
MANN: The podcast reaches about 2,000 people a week nationwide. Greg McNeil also began organizing locally in Summit County, Ohio. He dragged government leaders like Green City Mayor Gerry Neugebauer into meeting rooms.
(SOUNDBITE OF ARCHIVED RECORDING)
GERRY NEUGEBAUER: I would have people come to my office – one woman who had lost three sons at three different times to opiate overdoses.
MANN: In 2016, the year Neugebauer was elected, there were 12 opioid overdoses a day in Summit County – 340 people died that year. He says he didn’t know what to do until Greg started bringing ideas, including a plan to equip local businesses with kits containing the overdose recovery drug Narcan.
(SOUNDBITE OF ARCHIVED RECORDING)
NEUGEBAUER: Some of those overdoses are taking place at those hotels. Others are at fast-food places nearby the hotels. And so we thought this was a great place to do that.
MANN: The city is training service industry workers to use the Narcan kits. Greg also convinced local leaders to organize outreach teams to counsel people who’ve survived an overdose.
(SOUNDBITE OF ARCHIVED RECORDING)
MCNEIL: They knock on doors of all the people that have overdosed. And they say, hey, we know you almost died this past week. We want to see you get help. Here’s all the resources. We want to help you.
MANN: Jeremy Chambers, a fire department medic, joined one of the teams a couple years ago.
(SOUNDBITE OF ARCHIVED RECORDING)
JEREMY CHAMBERS: I’ve had one door slammed in my face. For the most part, they are very welcoming. And I’ve had mothers crying. And they don’t know what to do. And they’re so thankful that we’re there, that we least give them some way, some path.
MANN: About a third of the people contacted this way get some kind of counseling, some kind of help. Chambers says he’s convinced the program is saving lives. And the number of overdose deaths here has declined. Greg McNeil says his volunteer work and activism also helped him survive Sam’s death.
MCNEIL: Every day that I go to work, I have a very real sense that I’m working with my son. I’m working with Sam. When we get wins in particular, it feels so rewarding.
MANN: A win, Greg says, is when someone who’s opioid dependent gets counseling or gets medical help in time. Brian Mann, NPR News, Green, Ohio.
Copyright © 2019 NPR. All rights reserved. Visit our website terms of use and permissions pages at www.npr.org for further information.
NPR transcripts are created on a rush deadline by Verb8tm, Inc., an NPR contractor, and produced using a proprietary transcription process developed with NPR. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.
Rural Health: Financial Insecurity Plagues Many Who Live With Disability
Kim Ryu for NPR
Carol Burgos is worried her neighbors think she is bringing the neighborhood down.
She lives in a mobile home park in a woodsy part of Columbia County, N.Y, just off a two-lane highway. The homes have neat yards and American flags. On a spring Saturday, some neighbors are out holding yard sales, with knickknacks spread out on folding tables. Others are out doing yardwork.
Burgos’ lawn is unruly and overgrown.
“How bad do I feel when these little old ladies are mowing their lawn and I can’t because I’m in so much pain?” she says.
Burgos is in her early 50s. She can’t mow her lawn herself because of pain and physical limits related to her osteoarthritis, degenerative disk disease and other health issues. She was deemed disabled in 1997 and lives on payments from Social Security Disability Insurance. She gets health coverage through Medicare.
She also can’t afford to pay someone to mow the lawn for her. “I don’t want another bill,” she explains. “I don’t want to be in more debt. I’m embarrassed. I don’t know, who do you ask?”
Carol Burgos is deeply frustrated she can’t even physically mow her own lawn because of pain from her osteoarthritis, degenerative disk disease and other health issues.
Selena Simmons-Duffin/NPR
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Selena Simmons-Duffin/NPR
Burgos estimates she is $30,000 in debt. That’s a lot, especially with so little coming in. “Less than $1,500 a month,” she says. “And that doesn’t include [costs of] fuel; cooking gas; electric; water usage.”
For food, she gets a bit of money in food stamps every month. Her income works out to about $18,000 a year — not too far off from what most people living on disability benefits make.
There’s no way she could pay a $1,000 expense right away, Burgos says. According to a recent poll NPR conducted with the Robert Wood Johnson Foundation and the Harvard T.H. Chan School of Public Health, 49% of rural Americans couldn’t afford a sudden expense of that size.
The percentage was much higher — 70% — for people who, like Burgos, have disabilities. More than half of those with disabilities said their families have had problems paying for medical or dental bills in the past few years.
Burgos says she doesn’t want to have to rely on disability benefits. She used to work — she’s had lots of jobs, including helping developmentally challenged people with life skills.
She identifies as a “working person with disabilities” even though she hasn’t worked for 10 years. She is frustrated by the copays she has to pay for doctor visits and at the pharmacy — she ends up filling only her most important prescriptions, she says.
“I want to work,” she says. “Screw the money! Give me medical coverage — full medical — so I can be an able body that is willing to work.”
Burgos feels stuck in poverty and physically stuck, because it’s so hard for her to get around.
Having good access to transportation — or not — has a huge impact on the health of people living in rural parts of the country, says Dr. Kirsten Bibbins-Domingo, a professor of epidemiology and biostatistics at the University of California, San Francisco who studies the health of vulnerable populations.
“If you go to less populated areas — rural areas — access to a car that functions well [and] the costs for gas becomes such an essential element,” Bibbins-Domingo says. “Both to drive to seek medical care, as well as to drive to access the other resources that are necessary to pursue good health.”
Without that transportation — or ready access to other basics like healthy food or good housing — people can get into a vicious cycle, she says.
“Poor health contributes to financial instability and to poverty,” Bibbins-Domingo says, “and poverty itself we know contributes to poor health.”
That cycle of poor health and poverty hits people with disabilities particularly hard. “Their poverty levels are over two times higher, compared to those without disabilities,” says Bill Erickson of the Yang-Tan Institute on Employment and Disability at Cornell University.
The federal government does provide help to people with disabilities under two different programs. Some people, like Burgos, have a work history that entitles them to payments from Social Security Disability Insurance. Others, who never worked — perhaps because of a developmental disability — are eligible for Supplemental Security Income.
But other hurdles can arise. If you’re disabled, live in a rural area and want to work, you still have to find a job you can do.
“Since the Great Recession, rural counties really haven’t seen as much employment growth as urban counties,” Erickson says. “Also just the types of jobs that are available to those sorts of communities may be tending toward, you know, requiring people to be able to move things physically or whatever.
“And the limitations that the individual with disabilities may have,” Erickson continues, “may be preventing them from being able to do those particular types of jobs — or employers can’t provide the accommodations that may be necessary.”
Erickson’s colleague at ILR, Thomas Golden, adds that the complexity of disability benefits presents another problem for people who would like to work. It’s not clear to many people how much they are allowed to work without jeopardizing their benefits, he says, or what programs are available to help them in the job search.
For the past six years, Golden and Erickson have worked with young people receiving Supplemental Security Income as part of the New York State PROMISE initiative.
“In a lot of cases, those youth and their families weren’t ready to talk about work because they couldn’t pay their rent,” Golden says. “Or they were getting evicted. Or other basic needs needed to be met first before they could think about their own self-development, when it came to work and economic independence.”
Burgos says she would like to find a job she is able to do, with enough hours to supplement her income but not trigger a loss of her Social Security benefits. First, though, she says, she must figure out how to deal with the overgrown lawn and a student loan bill that just arrived in the mail. And she is trying to coordinate nursing care for her elderly mother.
There are good things in her life, too, Burgos says. She has her faith — she’s a born-again Christian. Her car is a bit beat up, but it works. And she has a very sweet little dog.
And even though she has to rely on a walker for long distances — and fears she eventually will end up in a wheelchair — for now, she is still well enough to get up and down the stairs to her front door.
NPR science intern Susie Neilson contributed reporting for this story.
‘Patients Will Die’: One County’s Challenge To Trump’s ‘Conscience Rights’ Rule
Caiaimage/Sam Edwards/Getty Images
Moral and religious objections to providing health care sometimes arise in medicine: A medical assistant might not agree with blood transfusions. A nurse might not want to assist in sex reassignment surgery.
Last month, the U.S. Department of Health and Human Services put out a new rule that “implements full and robust enforcement” of existing laws that protect what the administration calls “conscience rights” for health care workers. The rule is set to go into effect on July 22.
As NPR has previously reported, the new rule expands the kinds of workers who are covered by those laws — to include, for example, reception and billing staff. Even though relatively few of these complaints get submitted to HHS each year, this emphasis on religious freedom has been a hallmark of the department under the Trump administration.
HHS was sued right away over the expansiveness of its new rule — by the states of New York and California and by physician groups, clinics and others.
Santa Clara County in California is asking a federal judge in U.S. District Court, Northern District of California this week to put the Trump rule on hold while the legal process plays out — San Francisco and the state of California filed separate motions for preliminary injunctions last week.
To succeed in putting a temporary stop on the rule, at least one of the plaintiffs will need to convince a judge that implementing the rule would cause “irreparable harm.”
So what’s the harm of a rule designed to affirm health workers’ right to exclude themselves from providing medical care that they say violates their religious or moral beliefs?
“If the rule goes through as it’s written, patients will die,” says Santa Clara’s county executive, Jeff Smith, who is a physician as well as an attorney by training.
“We will have a guaranteed situation where a woman has had a complication of an abortion, where she’s bleeding out and needs to have the services of some employee who has moral objections,” Smith predicts. “That patient will die because the employee is not providing the services that are needed.”
Santa Clara has 2 million residents — it is more populous than 14 states, according to 2017 census data. The county runs three hospitals, including a Level 1 trauma center, clinics and pharmacies, all of which rely in part on federal funding to operate.
The issue is not whether employees who have moral objections to providing certain kinds of care should have a way to opt out, according to James Williams, county counsel for Santa Clara. The county already has a policy to deal with that, but it differs from the federal rule in two key ways.
“One: Health care providers need to notify us in advance,” Williams says. “It can’t just be an on-the-fly objection. And that makes sense because, how are you supposed to run a hospital if you don’t know what your staff has a concern about until the actual procedure needs to happen? And second: There’s an exception for dealing with an emergency situation.”
HHS declined to offer comment for this story, because litigation regarding its rule is ongoing. But the department summarized and responded to nearly a quarter-million comments that were submitted during the 60-day public comment period after the rule was first proposed in January 2018.
In response to commenters who raised the emergency issue, HHS said its final rule does not explicitly conflict with federal laws that require health workers to provide emergency treatment for any and all patients.
To this, Santa Clara County counsel Williams responds, “What the [federal] rule doesn’t do is actually say that it doesn’t apply in emergencies.”
If the conscience rule does go into effect, and Santa Clara does not comply with it, the federal funding the county relies on to operate its public health system could be withheld or subject to “funding claw-backs to the extent permitted by law,” according to the HHS rule.
On the other hand, Williams says, if the county attempted to comply with the rule, it would have another problem — figuring out how.
“HHS didn’t explain or consider how this rule would actually be implemented in practice,” Williams says. “The rule kind of suggests that, basically, you need to have extra staffing to accommodate the fact that there may be people who have objections. That would be very costly.”
County officials worry more broadly about the direct impact of the federal rule on patients. In the lawsuit, Santa Clara argues that the rule could delay care, which could, among other things, open the county up to malpractice suits.
And, county officials add, posting notice about the “conscience rights” policy, as the HHS rule instructs, in “a prominent and conspicuous physical location” within hospitals and clinics that receive federal funding could scare away vulnerable patients — including women seeking abortions or transgender patients.
To this last point, HHS wrote in its rule: “The Department disagrees that a notice of federal conscience and anti-discrimination laws would in any way discourage a patient seeking emergency treatment.”
This is not the first time Santa Clara County has sued the Trump administration — the county also sued over Trump’s attempts to undermine DACA and over the administration’s legal threats against sanctuary cities.
The county has had its eye on the conscience rights issue since the rule was proposed in 2018. When the final rule came down in May 2019, Santa Clara was ready to go.
“We have, as a county, more flexibility to litigate because we have a county Board of Supervisors that’s very supportive of patients’ rights,” says Smith, the county executive. “But every county, every public health system, will have the same concerns.”
Trump administration officials say the federal rule is necessary to protect health workers’ religious freedom. As NPR has reported, Roger Severino, the director of HHS’s Office for Civil Rights, has made the right of health workers to refuse to offer care for religious reasons to some patients his signature issue. In a statement sent to NPR, Severino vowed to “defend the rule vigorously.”
The next step: A judge in U.S. District Court will decide whether any of the California plaintiffs pass the test for preliminary injunctive relief — that if the rule goes into effect, they will suffer “irreparable harm.”
If any or all plaintiffs pass that test, the judge could put the rule on hold while the lawsuits play out. Currently, challenges to the rule in New York and San Francisco are both scheduled for hearings on July 12 — just days before the federal rule is set to go into effect.