Health Care — Court won’t block California flavored tobacco ban
13 December, 2022
We feel for the retail workers this time of year. All they want for Christmas is NOT to hear Mariah Carey’s ubiquitous holiday anthem.
Today in health, we look at two states on the West Coast that have achieved legislative wins in their aims of improving public health.
Welcome to Overnight Health Care, where we’re following the latest moves on policy and news affecting your health. For The Hill, we’re Nathaniel Weixel and Joseph Choi. Someone forward you this newsletter? Sign up here or in the box below.
The Supreme Court on Monday denied a request made by a group of major tobacco companies to block California’s recently passed ban on flavored tobacco products, allowing for a lower court’s decision permitting the ban to stand.
Major tobacco companies including R.J. Reynolds Tobacco Company, the Santa Fe Natural Tobacco Company and Modoral Brands Inc. submitted a request for an injunction to the court last month, asking that the justices consider whether California had the authority to instate the ban. Supreme Court Justice Elena Kagan, who handles emergency matters arising from the Ninth Circuit, denied the request in a response on Monday, indicating that it had been referred to the full court. No dissents from any other justices were noted.
Prior to this denial from the Supreme Court, the 9th Circuit Court of Appeals had rejected a similar request from the tobacco companies, finding that states retained the ability to regulate tobacco products despite federal laws giving regulatory powers to the Food and Drug Administration.
The California state legislature had passed a bill in 2020 that banned most flavored tobacco products. However, because the law qualified for referendum, it was put on hold pending the statewide vote.
The ban is set to go into effect beginning on Dec. 22.
Washington to expand health care to undocumented
The Biden administration has approved an application by Washington state to expand health insurance access for all residents regardless of immigration status by allowing it to forgo requirements set by the Affordable Care Act (ACA).
The Department of Health and Human Services (HHS) and the Treasury Department approved Washington’s application for a State Innovation Waiver, issued under Section 1332 of the ACA. The application for this waiver was submitted in May.
Washington state specifically sought to be granted an exception from a part of the ACA that excluded people living in the U.S. illegally from being eligible for qualified health plans, which are plans certified by the federal government that meet requirements set by the ACA.
“The waiver will help Washington work towards its goals of improving health equity and reducing racial disparities by expanding access to coverage for the uninsured population through the state Exchange, all the while not increasing costs for those currently enrolled,” the departments said in a statement.
The approval of this waiver is contingent on the state accepting specific terms and conditions. If these requirements are agreed on, then the waiver will go into effect from the beginning of 2024 to the end of 2028.
Roughly 20 other states have applied for and received approval of ACA Section 1332 waivers, including Alaska, Georgia, New Hampshire, Minnesota and Pennsylvania. In cases where applications were not approved, the agencies often determined that they were incomplete.
Source: thehill.com
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