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California Takes Up White House Call to Toughen Gun Storage Rules

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Samantha Young
Thu, 29 Feb 2024 10:00:00 +0000

SACRAMENTO, Calif. — California lawmakers are weighing a pitch from the White House for states to toughen gun storage rules as legislation languishes in Congress.

Even though many states, including California, have laws in place for safely storing guns when children are present, the Biden administration wants them to go further by requiring gun owners to secure firearms most of the time.

California’s Senate passed a sweeping bill in January that would adopt the White House recommendation. State Sen. Anthony Portantino, the author of SB 53, said the idea is to make it harder for anybody, not just children, to find and use a gun to commit crime or kill or accidentally harm themselves. Portantino spoke about his bill for a White House event in January.

But critics argue the proposal would violate the constitutional right to bear arms by making firearms difficult to access in potentially life-threatening situations, such as home break-ins. The measure is likely to face legal challenges should it clear the remaining legislative hurdles.

“This is a recognition that guns kill people, and the readily available unlocked guns kill more people,” the Democrat from Burbank told his colleagues during debate on the Senate floor. “The best way to make it safer for our children to go to school, and for people in households where there’s trauma, is to make sure the weapons don’t fall into the wrong hands. And the way to do that is to lock them up.”

In 2021, about 30 million American children lived in homes with firearms, including 4.6 million in households with loaded and unlocked firearms, according to a national firearms survey.

The Department of Justice in December unveiled model gun storage legislation for states to consider. “It’s a simple step that can save lives,” said Stefanie Feldman, director of the White House Office of Gun Violence Prevention.

Since then, lawmakers in Arizona, Illinois, Kentucky, Minnesota, New Jersey, and Utah have also introduced similar measures, but none of the bills have yet received a committee hearing. In South Dakota, the Republican-controlled legislature killed similar legislation in February, for the second time in two years. Oregon and Massachusetts already have implemented comparable regulations.

The model legislation is part of a multipronged strategy by Democratic President Joe Biden’s administration to encourage states to take the lead on gun safety as legislation has stalled in Congress, including bills to enact universal background checks and ban the sale and possession of assault weapons.

Legislation that would create the first federal gun storage mandate, which was introduced in January 2023, has yet to get a hearing in the GOP-controlled House of Representatives.

Gun-related legislation has increasingly become victim to partisan politics as Republicans have embraced a gun rights agenda to shore up political support, said Robert Spitzer, a professor emeritus of political science at the State University of New York-Cortland who has written books on American gun policy.

“The states have always been referred to as the laboratories of democracy,” Spitzer said. “It’s a place where laws are often enacted when you can’t get things done at the national level.”

California’s existing gun storage law requires guns, whether they’re loaded or unloaded, be secured using a method such as a gun safe or trigger lock in places where they could get into the hands of a minor, a felon, or anyone prohibited from possessing a firearm. Portantino, who introduced the existing law in 2019, is also a candidate in a hotly contested congressional race.

The bill moving through the state’s Democratic-controlled legislature would extend gun storage rules to all residences, a mandate similar to the Biden administration’s proposal, and require owners to secure firearms in a lockbox or safe. The White House proposal gives gun owners the option of using a trigger lock — a lock that fits over a gun’s trigger mechanism that prevents the gun from being fired — instead of a lockbox or safe.

California Gov. Gavin Newsom, a Democrat who has signed a number of gun control laws, declined, through a spokesperson, to comment on the measure.

But keeping a gun in a locked box or making it unusable with a trigger lock, which requires a key or combination, could be problematic, critics say. In communities struggling with violent crime, a disabled gun would be useless for self-defense, said California state Sen. Kelly Seyarto, a Republican from Murrieta.

“You don’t have time when somebody breaks into your house to fiddle with the lock and the storage and get your gun out,” Seyarto said on the Senate floor. “Because by then you will be dead.”

Seyarto and the National Rifle Association say the California bill is excessive and that, because gun owners might be unable to defend themselves, it would infringe on Second Amendment rights.

“This bill’s one-size-fits-all approach fails to consider individual circumstances and imposes undue burdens,” said Daniel Reid, managing director of state and local affairs for the NRA’s Institute for Legislative Action. “We support empowering individuals to make responsible choices, rather than eroding their freedoms with typical California-style gun control.”

Firearms were the leading cause of death for children ages 1-17 in 2020, 2021, and 2022, according to analyses of CDC data by KFF. In 2022, an average of seven children a day died from getting shot.

The number of children “lost to gun violence, to shooting, is unfathomable,” said first lady Jill Biden at a White House event in January. She called on school principals to communicate with parents about safe gun storage. The Department of Education also crafted a letter schools can send to parents explaining that safely storing firearms “can help prevent them from getting into the hands of children and teens, who may use them to, intentionally or unintentionally, harm themselves or others.”

Roughly three-quarters of school shooters in 25 incidents from 2008 to 2017 acquired their firearms from the home of a parent or close relative, according to the Secret Service.

On Feb. 6, a jury in Michigan convicted Jennifer Crumbley of involuntary manslaughter in the killings of four high school students in 2021 because her son, the shooter, used a gun and ammunition she had failed to secure in their home. In December, Deja Taylor, the mom of a 6-year-old boy who shot his first grade teacher in a Virginia classroom with her gun, was sentenced to two years in prison after pleading guilty to child neglect.

At least 82 bills before state legislatures address gun storage, with varying requirements, said Lindsay Nichols, a policy director at Giffords, which advocates for stricter gun laws and was founded by former U.S. Rep. Gabrielle Giffords (D-Ariz.), who was shot in the head at a constituent event in Tucson in 2011. Six people died in the shooting. The bills’ prospects often depend on which party controls the state legislature. That’s what happened in South Dakota in mid-February, said Democratic state Rep. Linda Duba, whose measure died in committee.

“If you’re from a red state, it’s almost virtually impossible to get anything passed,” said Duba, who attended a White House meeting on gun safety in December.

If California’s bill becomes law, legal experts say, it will be challenged in court. Two years ago, the U.S. Supreme Court struck down a long-standing concealed carry law in New York, issuing a landmark ruling that firearm laws must be consistent with the nation’s “historical tradition” of firearm regulation.

Since then, federal district judges have struck down California laws that ban people from carrying concealed guns in many public places and require a background check for ammunition purchases. Appeals court judges later overturned those rulings, allowing the laws to take effect while the legal wrangling proceeds.

“Second Amendment law is profoundly unsettled right now,” said Adam Winkler, a UCLA law professor who specializes in constitutional law. “And courts can’t seem to agree on which gun laws are constitutional and which aren’t.”

This article was produced by KFF Health News, which publishes California Healthline, an editorially independent service of the California Health Care Foundation. 

——————————
By: Samantha Young
Title: California Takes Up White House Call to Toughen Gun Storage Rules
Sourced From: kffhealthnews.org/news/article/california-states-legislation-gun-storage-lockbox-child-safety/
Published Date: Thu, 29 Feb 2024 10:00:00 +0000

Kaiser Health News

Years Later, Centene Settlements With States Still Unfinished

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kffhealthnews.org – Andy Miller – 2025-03-05 04:00:00

More than three years ago, health insurance giant Centene Corp. settled allegations that it overcharged Medicaid programs in Ohio and Mississippi related to prescription drug billing.

Now at least 20 states have settled with Centene over its pharmacy benefit manager operation that coordinated the medications for Medicaid patients. Arizona was among the most recent to join the ranks, settling for an undisclosed payout, Richie Taylor, a spokesperson for the state’s attorney general, told KFF Health News in December.

All told, Centene has agreed to pay more than $1 billion in settlements, according to Cohen Milstein, one of the law firms representing states in the agreements. Meanwhile, St. Louis-based Centene reported $163 billion in revenue in 2024, largely proceeds from government health programs for Medicaid, Medicare, and the Affordable Care Act. The health care company has admitted no wrongdoing in the settlements.

Two state holdouts appear to remain: Georgia has yet to settle with Centene, even though the administration of Gov. Brian Kemp hired law firm Liston & Deas in 2019 to investigate state pharmacy benefit operations.

Florida hired the same law firm in 2021 to pursue overbilling allegations involving Centene, but state officials declined to answer a reporter’s questions about whether Florida has dropped the case, reached an undisclosed settlement, or is still discussing the issue.

Neither state has publicly disclosed what’s standing in the way of potentially tens of millions of dollars in Centene payouts, or whether negotiations are taking place. Because the deals are largely occurring outside the court system, the process between the private law firms hired by states and Centene remains generally out of public view.

Centene spokespeople did not return multiple phone calls and emails asking for updates. In 2022, the company said it was working on settlements with Georgia and eight other states, having reached deals with 13 others. And in a Securities and Exchange Commission filing in October, Centene said it had reached settlements with “the vast majority of states impacted” over the operations of its former pharmacy benefits manager.

Georgia has “taken disproportionately long compared to other states,” said Greg Reybold, a vice president of the American Pharmacy Cooperative, which represents independent pharmacies.

Meanwhile, Centene’s Georgia Medicaid plan, the Peach State Health Plan, lost its bid last year to continue its longtime participation in a Georgia Medicaid program in which companies cover the care for Medicaid recipients for a set fee from the government rather than for each medical service provided. The company, which has been part of the contract since the managed-care program began in 2006, filed a protest over the contract awards, saying that the process was “mismanaged, rife with errors and reckless practices.”

Nationally, pharmacy benefit managers, or PBMs, have come under increased scrutiny over accusations of pocketing discounts on medications or inflating costs in the years since Centene started settling its Medicaid-related allegations. Members of Congress have proposed major policy constraints on PBMs. Centene has since overhauled its PBM operation.

Still, a possible settlement in Georgia could bring in significant money to the state. California had the largest publicly disclosed settlement at $215 million, split with the federal government, but a settlement with Georgia could be in the range of the $88 million that Centene agreed to pay in the Ohio dispute, Reybold said.

The state should aggressively pursue a settlement with Centene, said Roland Behm, co-founder of the Georgia Mental Health Policy Partnership, who is a critic of Centene and its Georgia Medicaid plan. Behm said state Attorney General Chris Carr should take “the same tenacious prosecutorial action” against Centene that Carr’s agency takes against individuals involved in fraud against Medicaid, the federal-state program that provides health insurance coverage for those with low incomes or disabilities.

Carr’s office said in 2022 that it stood ready to represent Georgia in settlement negotiations with Centene. Carr, a Republican who has announced he’s running for governor in 2026, received tens of thousands of dollars in campaign contributions from Centene, its subsidiaries, and its executives, as did Kemp, a fellow Republican, KFF Health News reported in 2022. Contributions to the Kemp and Carr campaigns were part of more than $26.9 million that Centene, its subsidiaries, its top executives, and their spouses donated to state politicians in 33 states, to their political parties, and to nonprofit fundraising groups from 2015 through 2022.

Since 2022, the company and its political action committee have contributed, combined, at least $2 million more to the campaigns of Florida and Georgia candidates of both political parties, along with state party organizations and political committees, according to state campaign finance records.

When asked about a possible settlement, a spokesperson for Carr, Kara Murray, directed a reporter to the Georgia Department of Community Health, which administers Medicaid.

Fiona Roberts, a spokesperson for that agency, then told KFF Health News that the department “is actively pursuing options to ensure regulatory compliance with the state’s contract.” She declined to comment further.

Florida’s attorney general’s office directed a reporter to the state agency that oversees Medicaid, the Florida Agency for Health Care Administration. But that agency did not respond to multiple phone calls and emails requesting comment.

Rebecca Grapevine of Healthbeat contributed to this article.

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Home Improvements Can Help People Age Independently. But Medicare Seldom Picks Up the Bill.

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kffhealthnews.org – Joanne Kenen – 2025-03-03 04:00:00

Chikao Tsubaki had been having a terrible time.

In his mid-80s, he had a stroke. Then lymphoma. Then prostate cancer. He was fatigued, isolated, not all that steady on his feet.

Then Tsubaki took part in an innovative care initiative that, over four months, sent an occupational therapist, a nurse, and a handy worker to his home to help figure out what he needed to stay safe. In addition to grab bars and rails, the handy worker built a bookshelf so neither Tsubaki nor the books he cherished would topple over when he reached for them.

Reading “is kind of the back door for my cognitive health — my brain exercise,” said Tsubaki, a longtime community college teacher. Now 87, he lives independently and walks a mile and a half almost every day.

The program that helped Tsubaki remain independent, called Community Aging in Place: Advancing Better Living for Elders, or CAPABLE, has been around for 15 years and is offered in about 65 places across 26 states. It helps people 60 and up, and some younger people with disabilities or limitations, who want to remain at home but have trouble with activities like bathing, dressing, or moving around safely. Several published studies have found the program saves money and prevents falls, which the Centers for Disease Control and Prevention says contribute to the deaths of 41,000 older Americans and cost Medicare about $50 billion each year.

Despite evidence and accolades, CAPABLE remains small, serving roughly 4,600 people to date. Insurance seldom covers it (although the typical cost of $3,500 to $4,000 per client is less than many health care interventions). Traditional Medicare and most Medicare Advantage private insurance plans don’t cover it. Only four states use funds from Medicaid,the federal-state program for low-income and disabled people. CAPABLE gets by on a patchwork of grants from places like state agencies for aging and philanthropies.

The payment obstacles are an object lesson in how insurers, including Medicare, are built around paying for doctors and hospitals treating people who are injured or sick — not around community services that keep people healthy. Medicare has billing codes for treating a broken hip, but not for avoiding one, let alone for something like having a handy person “tack down loose carpet near stairs.”

And while keeping someone alive longer may be a desirable outcome, it’s not necessarily counted as savings under federal budget rules. A 2017 Centers for Medicare & Medicaid Services evaluation found that CAPABLE had high satisfaction rates and some savings. But its limited size made it hard to assess the long-term economic impact.

It’s unclear how the Trump administration will approach senior care.

The barriers to broader state or federal financing are frustrating, said Sarah Szanton, who helped create CAPABLE while working as a nurse practitioner doing home visits in west Baltimore. Some patients struggled to reach the door to open it for her. One tossed keys to her out of a second-story window, she recalled.

Seeking a solution, Szanton discovered a program called ABLE, which brought an occupational therapist and a handy worker to the home. Inspired by its success, Szanton developed CAPABLE, which added a nurse to check on medications, pain, and mental well-being, and do things like help participants communicate with doctors. It began in 2008. Szanton since 2021 has been the dean of Johns Hopkins University School of Nursing, which coordinates research on CAPABLE. The model is participatory, with the client and care team “problem-solving and brainstorming together,” said Amanda Goodenow, an occupational therapist who worked in hospitals and traditional home health before joining CAPABLE in Denver, where she also works for the CAPABLE National Center, the nonprofit that runs the program.

CAPABLE doesn’t profess to fix all the gaps in U.S. long-term care, and it doesn’t work with all older people. Those with dementia, for example, don’t qualify. But studies show it does help participants live more safely at home with greater mobility. And one study that Szanton co-authored estimated Medicare savings of around $20,000 per person would continue for two years after a CAPABLE intervention.

“To us, it’s so obvious the impact that can be made just in a short amount of time and with a small budget,” said Amy Eschbach, a nurse who has worked with CAPABLE clients in the St. Louis area, where a Medicare Advantage plan covers CAPABLE. That St. Louis program caps spending on home modifications at $1,300 a person.

Both Hill staff and CMS experts who have looked at CAPABLE do see potential routes to broader coverage. One senior Democratic House aide, who asked not to be identified because they were not allowed to speak publicly, said Medicare would have to establish careful parameters. For instance, CMS would have to decide which beneficiaries would be eligible. Everyone in Medicare? Or only those with low incomes? Could Medicare somehow ensure that only necessary home modifications are made — and that unscrupulous contractors don’t try to extract the equivalent of a “copay” or “deductible” from clients?

Szanton said there are safeguards and more could be built in. For instance, it’s the therapists like Goodenow, not the handy workers, who put in the work orders to stay on budget.

For Tsubaki, whose books are not only shelved but organized by topic, the benefits have endured.

“I became more independent. I’m able to handle most of my activities. I go shopping, to the library, and so forth,” he said. His pace is slow, he acknowledged. But he gets there.

Kenen is the journalist-in-residence and a faculty member at Johns Hopkins University School of Public Health. She is not affiliated with the CAPABLE program.

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A Runner Was Hit by a Car, Then by a Surprise Ambulance Bill

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kffhealthnews.org – Sandy West – 2025-02-28 04:00:00

Jagdish Whitten was on a run in July 2023 when a car hit him as he crossed a busy San Francisco street. Whitten, then 25, described doing “a little flip” over the vehicle and landing in the street before getting himself to the curb.

Concerned onlookers called an ambulance. But Whitten instead had friends pick him up and take him to a nearby hospital, the Helen Diller Medical Center, operated by the University of California-San Francisco.

“I knew that ambulances were expensive, and I didn’t think I was going to die,” he said.

Whitten said doctors treated him for a mild concussion, a broken toe, and bruises.As he sat in a hospital bed, attached to an IV and wearing a neck brace, Whitten said, doctors told him that because he had suffered a traumatic injury, they had to send him by ambulance to the city’s only trauma center, Zuckerberg San Francisco General Hospital.

After a short ambulance ride, Whitten said, emergency room doctors checked him out, told him he had already received appropriate treatment, and released him.

Then the bill came.

The Medical Procedure

Traumatic injuries are those that threaten life or limb, and some facilities specialize in providing care for them. For someone hit by a car, that can include stabilizing vital signs, screening for internal injuries, and treating broken bones and concussions. Zuckerberg Hospital is a Level 1 trauma center, meaning it can provide any care needed for severely injured patients.

In emergency medicine, it is standard to transfer patients to centers best equipped to provide care. Ambulances are typically used for transfers because they are able to handle trauma patients, with tools to aid in resuscitation, immobilization, and life support.

At the first hospital, Whitten said, doctors performed a thorough workup, including a CT scan and X-rays, and advised him to follow up with his primary care physician and an orthopedic doctor. He was evaluated at the second hospital and released without additional treatment, he said.

The Final Bill

$12,872.99 for a 6-mile ambulance ride between hospitals: a $11,670.11 base rate, $737.16 for mileage, $314.45 for EKG monitoring, and $151.27 for “infection control.”

The Billing Problem: Surprise Bills Are Common With Ground Ambulances

Ground ambulance services are operated by a hodgepodge of private and public entities — with no uniform structure, or regulatory oversight, for billing — and most function outside insurance networks. Patients don’t typically have a choice of ambulance provider.

There are state and federal laws shielding patients from out-of-network ambulance bills, but none of those protections applied in Whitten’s case.

Whitten was insured under his father’s employer-sponsored health plan from Anthem Blue Cross. So when he received a nearly $13,000 bill months after his short transfer ride, he sent a photo of it to his dad.

Brian Whitten said the bills from the two hospitals — and the family’s out-of-pocket responsibility — were in line with what he had anticipated. But he was stunned by his son’s ambulance bill from AMR, one of the nation’s largest ambulance providers. Anthem Blue Cross denied the claim, saying the ambulance was out-of-network and required pre-authorization.

“It didn’t make a whole lot of sense to me, because the doctor is the one who put him in the ambulance,” Brian Whitten said. “It’s not like somehow he just decided, ‘Hey, can I take an ambulance ride?’”

Kristen Bole, a UCSF spokesperson, said in a statement that the health system’s standard of care is to stabilize patients and, when appropriate, transfer them to other medical facilities that are most appropriate to care for patients’ needs, adding that ambulance transfers between hospitals are standard practice.

While the medical system at large relies on negotiated prices for services, ambulance services operate largely outside of the competitive marketplace, said Patricia Kelmar, senior director of health care campaigns for PIRG, a nonpartisan consumer protection and good-government advocacy organization.

Ambulance transfers between hospitals to ensure the highest quality of care available are fairly common, Kelmar said. And with many hospitals being purchased and consolidated, it would follow that the number of ambulance transfers between facilities could increase as specialized medical units at any given hospital are downsized or eliminated, she said.

According to a study of private insurance claims data conducted in 2023, about 80% of ground ambulance rides resulted in out-of-network billing.

Generally, out-of-network providers may charge patients for the remainder of their bill after insurance pays. In some cases, patients can be on the hook even when they did not knowingly choose the out-of-network provider. These bills are known as “surprise” bills.

“It’s a financial burden, a significant financial burden,” said Kelmar, who is a member of the committee created to advise federal lawmakers on surprise bills and emergency ambulance transportation.

Eighteen states have implemented laws regulating surprise ambulance billing. A California law cracking down on surprise ambulance billing took effect on Jan. 1, 2024 — months after Jagdish Whitten’s ambulance ride.But Kelmar said those state laws don’t really help people with employer-sponsored insurance, because those plans are beyond state control — which is why federal legislation is so important, she said.

As of 2022, federal law protects patients from receiving some surprise bills, especially for emergency services. But while lawmakers included protections against air ambulance bills in the law, known as the No Surprises Act, they excluded ground ambulance transports.

The Resolution

Whitten’s father filed an insurance appeal on his son’s behalf, which Anthem granted. The insurer paid AMR $9,966.60.

Michael Bowman, a spokesperson for Anthem, said AMR had not submitted all the information it required to process the claim, leading to the initial denial. After consulting with AMR, Anthem paid its coverage amount, Bowman said.

But the insurer’s payment still left Whitten with a $2,906.39 bill for his out-of-network ambulance ride. Brian Whitten said he called an AMR customer service number several times to contest the remaining charges but was unable to bypass its automated system and speak with a human.

“I couldn’t find a way to talk to somebody about this bill other than how to pay it, and I didn’t want to pay it,” he said.

Unsuccessful and frustrated, Brian Whitten paid the remaining bill in January 2024, he said, concerned it would be turned over to a collection agency and hurt his son’s credit — and his well-being.

There was one more twist: He was shocked when he later reviewed his credit card statements and discovered that AMR had quietly but fully refunded his payment in October.

“It’s amazing that he got his money back,” Kelmar said. “That’s what’s shocking.”

In a statement, Suzie Robinson, vice president of revenue cycle management with AMR, said the company’s third-party billing agency regularly performs audits to ensure accuracy. An audit of Jagdish Whitten’s bill “revealed that the care provided did not meet the criteria for critical care,” Robinson said, which prompted the full refund.

Robinson said audits indicated fewer than 1% of its 4 million medical encounters annually are billed incorrectly.

The Takeaway

Robinson said patients who feel that AMR has billed them incorrectly should contact the company via email.

For patients in need of an ambulance in an emergency, there are few protections — and usually few options: Sometimes you don’t have a better choice than to get in.

Federal protections require that health plans cover certain surprise bills, with patients paying only what they would if they had received in-network care. Expanding those protections to ground ambulance bills would require Congress to act.

Ambulance providers deserve to be appropriately compensated for their vital role in our medical system, Kelmar said. But the system as it stands almost incentivizes providers to charge a higher rate, which can lead to surprise billing and financial hardship for patients and their families, she said.

Kelmar said she worries not just about the debt those bills create for consumers but also that people may decline vital ambulance transportation in an emergency, for fear of getting hit with an exorbitant bill.

“We just need to bring some sense back to the system,” she said.

Bill of the Month is a crowdsourced investigation by KFF Health News and The Washington Post’s Well+Being that dissects and explains medical bills. Since 2018, this series has helped many patients and readers get their medical bills reduced, and it has been cited in statehouses, at the U.S. Capitol, and at the White House. Do you have a confusing or outrageous medical bill you want to share? Tell us about it!

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

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