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A Word From Our Federal Government
Judge Ketanji Brown Jackson will be the first Black woman to sit on the U.S. Supreme Court
The Senate confirmed Judge Ketanji Brown Jackson to the U.S. Supreme Court today, April 7, 2022. Judge Jackson will be the first Black woman to ever serve as a Supreme Court Justice. Read more on the historic nature of Judge Jackson’s confirmation here. Judge Jackson endured two grueling days of (often racist and misogynistic) questioning during her Senate confirmation hearings. Through it all, Judge Jackson reiterated her hope to bring her unique perspective and life experiences to the U.S. Supreme Court.
President Biden’s First State of the Union Address
On March 1, 2022, President Joe Biden delivered his first State of the Union address. He touched on a number of federal priorities. Here are some highlights that we noticed:
Prescription drug prices: Biden reiterated his support for lowering prescription drug costs by, for example, allowing Medicare to negotiate prices with drug companies. Tackling high prescription drug prices would benefit people living with HIV by reducing barriers to care and helping address racial disparities in HIV services.
The Medicaid coverage gap: Biden called for closing the Medicaid coverage gap, which impacts people who aren’t eligible for Medicaid but have incomes below the federal poverty line – the minimum you must make to qualify for subsidized private plans under the Affordable Care Act (ACA). Basically it means there are 2.2 million low-income, uninsured adults who have no avenue for affordable healthcare coverage because they live in a state that hasn’t expanded Medicaid under the ACA. Closing the Medicaid coverage gap would improve health insurance coverage, access to service, and health outcomes for many people living with HIV, especially in the U.S. South.
- Voting rights: Biden discussed the pressing need to defend the right to vote as state governments craft laws that make it harder. Voter suppression tactics disproportionately disenfranchise LGBTQ voters, Black and brown people, and people living with disabilities and chronic illnesses – all communities affected by HIV.
Abortion access: Biden briefly addressed the need to protect health care access, including “a woman’s right to choose,” without ever saying the word “abortion.” In the context of escalating attacks on abortion rights (see below for more), we need a stronger statement from the Biden administration that all people, regardless of their gender, have the right to access safe, affordable, and legal abortion care.
Comments from the HIV community on PACHA meeting
The March 2022 Presidential HIV/AIDS Advisory Council (PACHA) meeting included over two hours for community input during a “PACHA-to-the-People” session. The session was split into two breakout rooms – (1) HIV Prevention in the Context of Ending the HIV Epidemic and (2) National HIV/AIDS Strategy and the Ending the HIV Epidemic Initiative – which gave HIV advocates the chance to weigh in on the policies and practices that affect the lives of people living with HIV.
One PWN-USA staff member said, “I think this is something PACHA should do regularly to connect its work with people living with HIV. It provided an opportunity for us to share our perspectives. I made a comment on high mortality rates for Black women and received some immediate feedback from HRSA staff by email requesting data. I hope there will be follow-up because this is an important issue for Black women living with HIV.”
In other news…we have federal budget updates
The U.S. Senate passed the fiscal year 2022 Congressional Spending Bill on March 10th. It falls short of what the HIV community needs in key areas. You can read more here.
The Biden-Harris administration released its proposed budget for the fiscal year 2023. The proposed funding is a step in the right direction, but does not go far enough on critical programs that people living with HIV need. You can read more here.
Economic Justice
Medicaid Unwinding after Public Health Emergency Ends
Medicaid unwinding is a technical term that means states will re-start their annual Medicaid eligibility reviews, potentially resulting in millions of people being kicked off their state Medicaid program.
Sounds terrible. Let’s break it down: In order to make sure folks didn’t lose healthcare
coverage during the pandemic, Congress increased state funding for Medicaid. States had to agree to several conditions, including a “continuous coverage” requirement to qualify for the increased funding. The “continuous care” requirement prohibits states from kicking folks off Medicaid (with very limited exceptions) until after the public health emergency (PHE) ends. When PHE ends, Medicaid enrollees will be reevaluated for Medicaid eligibility. Some folks will lose coverage because they’re no longer eligible; others will lose coverage because they didn’t know why, how, or when to complete the renewal documents (even though they remain eligible). Either way, the result is people – disproportionately Black and brown people, people with low incomes and people with limited English proficiency – will be left without health care coverage. Right now, the PHE is expected to end in July 2022, and the White House has promised to give states a 60 day notice before the PHE ends.
In other news…we have some policy wins to celebrate:
The CO Older Coloradans Act (HB1035) was signed into law. Congrats PWN-CO on all your hard work advocating for this!
Sexual and Reproductive Health, Rights, and Justice
Attempts to Protect and Restrict Reproductive Rights
The Women’s Health Protection Act (WHPA), a bill that would codify the right to abortion, failed to garner the votes needed to bypass the filibuster and pass in the U.S. Senate. It is especially important to pass the WHPA this year because the U.S. Supreme Court could gut the constitutional right to abortion in its decision on Dobbs v. Jackson (expected around June).
All the while states are trying to ban or restrict abortion with increasing fervor. In September 2021, Texas enacted SB8, a new way to ban abortion at 6 weeks, before most people even know they are pregnant. Abortion providers and advocates have been trying to stop the law from going into effect, arguing that it directly violates the constitutional right to abortion. In March, however, a Texas Supreme Court decision effectively shut down their last, narrow path to blocking the law. There are other legal challenges still in the courts, but this is a major blow for efforts to reduce the harm of this abortion ban.
Idaho passed a copy-cat bill to Texas’ SB8. Oklahoma passed effectively a total abortion ban, including an up to ten year prison sentence for abortion providers. Wyoming passed a “trigger ban,” which would ban most abortion if the Supreme Court overturns Roe v Wade. Arizona and Florida have both passed 15-week abortion bans. It’s a lot and we’re closely watching anti-abortion bills in other states so you don’t have to.
In other news…we have some wins on reproductive freedom:
Colorado passed HB1279, or the Reproductive Health Equity Act (RHEA), which would codify the right to have an abortion and to use contraceptive care.
Maryland passed HB1171 to establish abortion as a fundamental right in the state.
California passed SB 245, to eliminate out-of-pocket costs for and ensure equitable access to abortion services.
LGBTQ Rights, Safety and Justice
States continue to enact harmful anti-LGBTQ legislation
March 31 was the Transgender Day of Visibility (TDOV). Read PWN’s full statement here. We have been watching in horror and disgust as states have introduced and passed a slew of hateful bills that assault the rights, health and dignity of trans and gender diverse people. Texas Governor Abbot and Attorney General Paxton used “child abuse” investigations to threaten families that are providing gender affirming healthcare for their trans children. Iowa and Utah have passed laws banning trans students from sports that accord with their gender identity. Florida passed the “Don’t Say Gay” bill to censor discussion of sexual orientation and gender identity in schools. Alabama is poised to criminalize gender affirming care for young trans people.
You can see a comprehensive and frequently updated list of legislation that impacts LGBTQ+ folks, here.