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The Hospital Bills Didn’t Find Her, but a Lawsuit Did — Plus Interest

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by Bram Sable-Smith
Tue, 27 Jun 2023 09:00:00 +0000

Bethany Birch had pain in her diaphragm on and off for eight months in 2016.

She knew it was triggered by food, so she said she tried taking an antacid. That helped a little, but, eventually, she avoided eating altogether. She estimated she lost 25 pounds in that time.

One night that September, the pain would not go away for hours. It was so severe she went to the emergency room at Indian Path Community Hospital in Kingsport, Tennessee, where she lives. An ultrasound revealed she needed her gallbladder right away. She was able to get into surgery quickly because she hadn't eaten in over 12 hours due to her food avoidance.

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At the time, Birch was 23 and uninsured. Once she was released from the hospital, however, she lost her housing and spent months without a permanent mailing address while crashing with .

“It was a pretty rough situation because, at the time, I didn't have a job, I didn't have a driver's license or anything,” Birch said.

For fear of bills she couldn't afford, she said, she had often avoided seeking care for emergencies, including a broken finger, asthma attacks, and a sprained ankle. She didn't expect her gallbladder surgery — which cured her pain — to be free.

But she said she never received a bill. She got engaged and moved in with her husband after they married at the end of 2017. Then, in 2018, there was a knock on her door, and she was served a lawsuit.

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The Patient: Bethany Birch — née Bethany Allison — now 30, a stay-at-home mom. She lacked health coverage at the time of her surgery.

Medical Services: Emergency gallbladder removal in 2016, plus a previous visit to the emergency room at the same hospital the same year. A bill later obtained for that visit showed she received treatments consistent with an asthma attack, and while Birch said she could not recall that specific visit, she added that she has gone to the ER so many times for asthma attacks she finds it hard to keep track.

Service Provider: Indian Path Community Hospital, which in 2018 became part of Ballad Health, a health system in Tennessee and Virginia.

Total Bill: $11,749.60 plus interest, for two hospital visits and additional court costs associated with the lawsuit Ballad Health pursued against Birch. According to an affidavit of debt, she owed the hospital $9,986.40 for gallbladder removal surgery and $1,603.70 for the previous visit. The court judgment ultimately tacked on $159.50 in court costs and an interest rate of 7%. As of May 2023, she had accumulated $2,715.97 in interest.

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What Gives: In October 2018, Birch was served papers at her home in Kingsport informing her that Ballad Health was suing her for $11,590.10 for two unpaid hospital bills from 2016 — including $9,986.40 for her gallbladder removal.

An executive with the health system later said the hospital attempted to contact her for payment and to discuss care. But Birch — who had neither a permanent mailing address nor reliable phone service at the time and could not recall whether she provided the hospital with her email address — said she never received their communications.

Under the Affordable Care Act, hospitals must take certain measures to notify of an outstanding bill before pursuing “extraordinary collection actions,” like filing a lawsuit. But experts said the law does not account for individual circumstances that can complicate a patient's receipt of a bill.

And when interest is added to a repayment plan, medical debt can balloon even more. Ballad Health sued more than 6,700 patients over medical debt in 2018, according to an analysis by The New York Times.

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Birch brought her father along for support when she showed up to her court date that November, but she did not have an attorney representing her.

“I would never be able to afford one,” Birch said.

At the courthouse, she said, she met with a representative from Wakefield & Associates — now known simply as Wakefield — the debt collection and revenue firm representing the health system. Birch signed an agreement to pay the full $11,590.10, plus $159.50 in court costs, in monthly installments of $100 beginning in January 2019.

The court tacked on a 7% interest rate, the default interest rate under Tennessee law at the time of the judgment.

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Karen Scheibe Eliason, general counsel at Wakefield, declined interview requests despite Birch's offer to give permission for a representative of the company to speak with KFF Health News about her case.

Anthony Keck, an executive vice president at Ballad Health, reviewed Birch's case with KFF Health News after Birch signed a release waiving federal privacy protections. The health system's timeline indicates a screening of Birch found she was single, uninsured, and unemployed at the time of the visit.

Given those circumstances, Birch might have qualified for free or reduced-cost care under the hospital's financial assistance policy for low-income patients if she had applied.

Information about the financial assistance option was included in the bills the hospital mailed in September, October, and December 2016, Keck said.

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But Birch said she never received the bills, likely because they were sent to an address where she no longer lived. She said she filed a change of address form with the post office in 2017 listing her grandmother's house, where she was staying, but that change would have occurred after the hospital said it sent her bills. She didn't initially update her address, she said, because she didn't have a permanent place to .

Ballad Health's timeline also indicates a financial counselor left a voicemail for Birch soon after she left the hospital, which Birch said she also did not , likely because her pay-as-you-go phone plan was not paid at the time.

Keck said Ballad Health has since changed its financial assistance program to screen and help people like Birch who have barriers in life that could prevent them from applying for financial assistance, such as financial, housing, and food insecurity.

“If we had had that system in place” when Birch was being treated, Keck said, “this wouldn't have happened.”

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The hospital where Birch was treated became part of Ballad Health in 2018, when two competing hospital systems in eastern Tennessee merged, creating one of the largest health systems in the country. According to recent public filings, Ballad Health had an operating revenue of $2.3 billion in 2022 and paid its CEO $2.8 million in 2021.

The Resolution: Birch was originally sued for $11,590.10. Since her court-ordered payment plan began, Birch had paid $5,270.20 as of May.

But her balance was still $9,299.82 — $6,583.85 on the principal amount, for her hospital debt and court costs, plus $2,715.97 of accrued interest. After more than four years of payments, she had barely made a dent in her debt.

A KFF Health News-NPR investigation showed many hospitals now commonly use aggressive collection tactics, including selling unpaid medical debt to third-party companies that handle collections, like Wakefield, and pursuing lawsuits against patients.

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Keck said Ballad Health does not receive the interest payments. “Interest is mandated by the courts and is directed towards legal fees incurred by the agency collecting on the unpaid patient debt,” he said.

In February, Birch started receiving assistance from Ashley Beasley, a patient advocate her grandmother knew from church. Beasley agreed to help Birch as a favor and suggested she reach out to NPR and KFF Health News.

Birch and Beasley said they asked Ballad Health twice that month to settle her debt, but representatives told them Birch needed to work with Wakefield, the debt collector. When they called Wakefield, they said they were told Birch had to work with Ballad Health.

In May, on a phone call with Wakefield representative Anna Elrick, Birch and Beasley again asked to settle the debt, offering to pay an additional $500 on top of what Birch had already paid. Elrick said she would take the offer to Ballad Health. Three days later, Elrick called Beasley to say their offer had been accepted, Beasley said. Birch has since paid the $500 and received a letter from Wakefield acknowledging her account has been paid in full.

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Birch called her settlement “bittersweet.” On one hand, she said, she feels relief.

“But it's bitter because I know I'm not the only person who's fallen prey to this,” she said. “I'm not going to forget that there are other people in my situation, too.”

The Takeaway: The ACA requires hospitals to make “reasonable efforts” to determine if a patient qualifies for financial assistance before taking them to court. Those efforts specifically include notifying a patient about a financial assistance policy and waiting at least 120 days after providing the first billing statement before initiating a legal , for instance. Ballad Health's timeline of Birch's case indicates the health system followed those steps.

Zack Buck, a of Tennessee associate professor who specializes in health law, said the ACA standards gaps that patients living in unstable circumstances can fall through.

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“What does it mean to someone with a bill if it's someone who is not easily reachable and does not have a home?” he said. “It's almost as if the regulations don't even ponder that possibility.”

Berneta Haynes, a senior attorney with the National Consumer Law Center, said some states have moved to cap or even ban certain interest charges on medical debt. In Arizona, for example, voters approved a 3% cap on medical debt last year. A Maryland law passed in 2021 prohibits hospitals from charging interest payments for patients who qualify for free or discounted care.

But Haynes said policy initiatives should also focus on how to prevent medical debt in the first place.

“Because once it happens, it seems like the situations get more and more complicated and people get left in these gaps,” Haynes said.

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Bill of the Month is a crowdsourced investigation by KFF Health News and NPR that dissects and explains medical bills. Do you have an interesting medical bill you want to share with us? Tell us about it!

By: Bram Sable-Smith
Title: The Hospital Bills Didn't Find Her, but a Lawsuit Did — Plus Interest
Sourced From: kffhealthnews.org/news/article/bill-of-the-month-june-2023-undeliverable-unreceived-hospital-bills-medical-debt/
Published Date: Tue, 27 Jun 2023 09:00:00 +0000

Kaiser Health News

The Lure of Specialty Medicine Pulls Nurse Practitioners From Primary Care

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Michelle Andrews
Fri, 17 May 2024 09:00:00 +0000

For many patients, seeing a nurse practitioner has become a routine part of primary care, in which these “NPs” often perform the same tasks that patients have relied on doctors for.

But NPs in specialty care? That's not routine, at least not yet. Increasingly, though, nurse practitioners and physician assistants are joining cardiology, dermatology, and other specialty practices, broadening their skills and increasing their income.

This worries some people who track the workforce, because current trends suggest primary care, which has counted on nurse practitioners to backstop physician shortages, soon might not be able to rely on them to the same extent.

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“They're succumbing to the same challenges that we have with physicians,” said Atul Grover, executive director of the Research and Action Institute at the Association of American Medical Colleges. The rates NPs can command in a specialty practice “are quite a bit higher” than practice salaries in primary care, he said.

When nurse practitioner programs began to proliferate in the 1970s, “at first it looked great, producing all these nurse practitioners that go to work with primary care physicians,” said Yalda Jabbarpour, director of the American Academy of Physicians' Robert Graham Center for Policy Studies. “But now only 30% are going into primary care.”

Jabbarpour was referring to the 2024 primary care scorecard by the Milbank Memorial Fund, which found that from 2016 to 2021 the proportion of nurse practitioners who worked in primary care practices hovered between 32% and 34%, even though their numbers grew rapidly. The proportion of physician assistants, also known as physician associates, in primary care ranged from 27% to 30%, the study found.

Both nurse practitioners and physician assistants are advanced practice clinicians who, in addition to graduate degrees, must complete distinct education, , and certification steps. NPs can practice without a doctor's supervision in more than two dozen states, while PAs have similar independence in only a handful of states.

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About 88% of nurse practitioners are certified in an area of primary care, according to the American Association of Nurse Practitioners. But it is difficult to track exactly how many work in primary care or in specialty practices. Unlike physicians, they're generally not required to be endorsed by a national standard-setting body to practice in specialties like oncology or cardiology, for example. The AANP declined to answer questions about its annual workforce survey or the extent to which primary care NPs are moving toward specialties.

Though data tracking the change is sparse, specialty practices are adding these advanced practice clinicians at almost the same rate as primary care practices, according to frequently cited research published in 2018.

The clearest evidence of the shift: From 2008 to 2016, there was a 22% increase in the number of specialty practices that employed nurse practitioners and physician assistants, according to that study. The increase in the number of primary care practices that employed these professionals was 24%.

Once more, the most recent projections by the Association of American Medical Colleges predict a dearth of at least 20,200 primary care physicians by 2036. There will also be a shortfall of non-primary care specialists, a deficiency of at least 10,100 surgical physicians and up to 25,000 physicians in other specialties.

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When it to the actual work performed, the lines between primary and specialty care are often blurred, said Candice Chen, associate professor of health policy and management at George Washington University.

“You might be a nurse practitioner working in a gastroenterology clinic or cardiology clinic, but the scope of what you do is starting to overlap with primary care,” she said.

Nurse practitioners' salaries vary widely by location, type of facility, and experience. Still, according to data from recruiter AMN Healthcare Physician Solutions, formerly known as Merritt Hawkins, the total annual average starting compensation, including signing bonus, for nurse practitioners and physician assistants in specialty practice was $172,544 in the year that ended March 31, slightly higher than the $166,544 for those in primary care.

According to forecasts from the federal Bureau of Labor Statistics, nurse practitioner will increase faster than jobs in almost any other occupation in the decade leading up to 2032, growing by 123,600 jobs or 45%. (Wind turbine service technician is the only other occupation projected to grow as fast.) The growth rate for physician assistants is also much faster than average, at 27%. There are more than twice as many nurse practitioners as physician assistants, however: 323,900 versus 148,000, in 2022.

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To Grover, of the AAMC, numbers like this signal that there will probably be enough NPs, PAs, and physicians to meet primary care needs. At the same time, “expect more NPs and PAs to also flow out into other specialties,” he said.

When Pamela Ograbisz started working as a registered nurse 27 years ago, she worked in a cardiothoracic intensive care unit. After she became a family nurse practitioner a few years later, she found a job with a similar specialty practice, which trained her to take on a bigger role, first running their outpatient clinic, then working on the floor, and later in the intensive care unit.

If nurse practitioners want to specialize, often “the doctors mentor them just like they would with a physician residency,” said Ograbisz, now vice president of clinical operations at temporary placement recruiter LocumTenens.com.

If physician assistants want to specialize, they also can do so through mentoring, or they can “certificates of added qualifications” in 10 specialties to demonstrate their expertise. Most employers don't “encourage or require” these certificates, however, said Jennifer Orozco, chief medical officer at the American Academy of Physician Associates.

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There are a number of training programs for family nurse practitioners who want to develop skills in other areas.

Raina Hoebelheinrich, 40, a family nurse practitioner at a regional medical center in Yankton, South Dakota, recently enrolled in a three-semester post-master's endocrinology training program at Mount Marty University. She lives on a farm in nearby northeastern Nebraska with her husband and five sons.

Hoebelheinrich's new skills could be helpful in her current hospital job, in which she sees a lot of patients with acute diabetes, or in a clinic setting like the one in Sioux Falls, South Dakota, where she is doing her clinical endocrinology training.

Lack of access to endocrinology care in rural areas is a real problem, and many people may travel hundreds of miles to see a specialist.

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“There aren't a lot of options,” she said.

——————————
By: Michelle Andrews
Title: The Lure of Specialty Medicine Pulls Nurse Practitioners From Primary Care
Sourced From: kffhealthnews.org//article/nurse-practitioners-trend-primary-care-specialties/
Published Date: Fri, 17 May 2024 09:00:00 +0000

Did you miss our previous article…
https://www.biloxinewsevents.com/clean-needles-save-lives-in-some-states-they-might-not-be-legal/

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Kaiser Health News

Clean Needles Save Lives. In Some States, They Might Not Be Legal.

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Ed Mahon, Spotlight PA and Sarah Boden, WESA
Fri, 17 May 2024 09:00:00 +0000

Kim Botteicher hardly thinks of herself as a criminal.

On the main floor of a former Catholic church in Bolivar, Pennsylvania, Botteicher runs a flower shop and cafe.

In the former church's basement, she also operates a nonprofit organization focused on helping people caught up in the drug epidemic get back on their feet.

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The nonprofit, FAVOR ~ Western PA, sits in a rural pocket of the Allegheny Mountains east of Pittsburgh. Her organization's home county of Westmoreland has seen roughly 100 or more drug overdose deaths each year for the past several years, the majority involving fentanyl.

Thousands more in the region have been touched by the scourge of addiction, which is where Botteicher in.

She helps people find housing, , and health care, and works with families by running support groups and explaining that substance use disorder is a disease, not a moral failing.

But she has also talked publicly about how she has made sterile syringes available to people who use drugs.

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“When that person comes in the door,” she said, “if they are covered with abscesses because they have been using needles that are dirty, or they've been sharing needles — maybe they've got hep C — we see that as, ‘OK, this is our first step.'”

Studies have identified public health benefits associated with syringe exchange services. The Centers for Disease Control and Prevention says these programs reduce HIV and hepatitis C infections, and that new users of the programs are more likely to enter drug treatment and more likely to stop using drugs than nonparticipants.

This harm-reduction strategy is supported by leading health groups, such as the American Medical Association, the World Health Organization, and the International AIDS Society.

But providing clean syringes could put Botteicher in legal danger. Under Pennsylvania , it's a misdemeanor to distribute drug paraphernalia. The state's definition includes hypodermic syringes, needles, and other objects used for injecting banned drugs. Pennsylvania is one of 12 states that do not implicitly or explicitly authorize syringe services programs through statute or regulation, according to a 2023 analysis. A few of those states, but not Pennsylvania, either don't have a drug paraphernalia law or don't include syringes in it.

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Those working on the front lines of the opioid epidemic, like Botteicher, say a reexamination of Pennsylvania's law is long overdue.

There's an urgency to the issue as well: Billions of dollars have begun flowing into Pennsylvania and other states from legal settlements with companies over their role in the opioid epidemic, and syringe services are among the eligible interventions that could be supported by that money.

The opioid settlements reached between drug companies and distributors and a coalition of state attorneys general included a list of recommendations for spending the money. Expanding syringe services is listed as one of the core strategies.

But in Pennsylvania, where 5,158 people died from a drug overdose in 2022, the state's drug paraphernalia law stands in the way.

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Concerns over Botteicher's work with syringe services recently led Westmoreland County to cancel an allocation of $150,000 in opioid settlement funds they had previously approved for her organization. County Commissioner Douglas Chew defended the by saying the county “is very risk averse.”

Botteicher said her organization had planned to use the money to hire additional recovery specialists, not on syringes. Supporters of syringe services point to the cancellation of funding as evidence of the need to change state law, especially given the recommendations of settlement documents.

“It's just a huge inconsistency,” said Zoe Soslow, who leads overdose prevention work in Pennsylvania for the public health organization Vital Strategies. “It's causing a lot of confusion.”

Though sterile syringes can be purchased from pharmacies without a prescription, handing out ones to make drug use safer is generally considered illegal — or at least in a legal gray area — in most of the state. In Pennsylvania's two largest cities, Philadelphia and Pittsburgh, officials have used local health powers to provide legal protection to people who operate syringe services programs.

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Even so, in Philadelphia, Mayor Cherelle Parker, who took office in January, has made it clear she opposes using opioid settlement money, or any city funds, to pay for the distribution of clean needles, The Philadelphia Inquirer has reported. Parker's position signals a major shift in that city's approach to the opioid epidemic.

On of the state, opioid settlement funds have had a big effect for Prevention Point Pittsburgh, a harm reduction organization. Allegheny County reported spending or committing $325,000 in settlement money as of the end of last year to support the organization's work with sterile syringes and other supplies for safer drug use.

“It was absolutely incredible to not have to fundraise every single dollar for the supplies that go out,” said Prevention Point's executive director, Aaron Arnold. “It takes a lot of energy. It pulls away from actual delivery of services when you're constantly having to find out, ‘Do we have enough money to even purchase the supplies that we want to distribute?'”

In parts of Pennsylvania that lack these legal protections, people sometimes operate underground syringe programs.

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The Pennsylvania law banning drug paraphernalia was never intended to apply to syringe services, according to Scott Burris, director of the Center for Public Health Law Research at Temple University. But there have not been court cases in Pennsylvania to clarify the issue, and the failure of the legislature to act creates a chilling effect, he said.

Carla Sofronski, executive director of the Pennsylvania Harm Reduction Network, said she was not aware of anyone having faced criminal charges for operating syringe services in the state, but she noted the threat hangs over people who do and that they are taking a “great risk.”

In 2016, the CDC flagged three Pennsylvania counties — Cambria, Crawford, and Luzerne — among 220 counties nationwide in an assessment of communities potentially vulnerable to the rapid spread of HIV and to new or continuing high rates of hepatitis C infections among people who inject drugs.

Kate Favata, a resident of Luzerne County, said she started using heroin in her late teens and wouldn't be alive today if it weren't for the support and community she found at a syringe services program in Philadelphia.

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“It kind of just made me feel like I was in a safe space. And I don't really know if there was like a come-to-God moment or come-to-Jesus moment,” she said. “I just wanted better.”

Favata is now in long-term recovery and works for a medication-assisted treatment program.

At clinics in Cambria and Somerset Counties, Highlands Health provides free or low-cost medical care. Despite the legal risk, the organization has operated a syringe program for several years, while also testing patients for infectious diseases, distributing overdose reversal medication, and offering recovery options.

Rosalie Danchanko, Highlands Health's executive director, said she hopes opioid settlement money can eventually support her organization.

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“Why shouldn't that wealth be spread around for all organizations that are working with people affected by the opioid problem?” she asked.

In February, legislation to legalize syringe services in Pennsylvania was approved by a committee and has moved forward. The administration of Gov. Josh Shapiro, a Democrat, supports the legislation. But it faces an uncertain future in the full legislature, in which Democrats have a narrow majority in the House and Republicans control the Senate.

One of the bill's lead sponsors, state Rep. Jim Struzzi, hasn't always supported syringe services. But the Republican from western Pennsylvania said that since his brother died from a drug overdose in 2014, he has come to better understand the nature of addiction.

In the committee vote, nearly all of Struzzi's Republican colleagues opposed the bill. State Rep. Paul Schemel said authorizing the “very instrumentality of abuse” crossed a line for him and “would be enabling an evil.”

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After the vote, Struzzi said he wanted to build more bipartisan support. He noted that some of his own skepticism about the programs eased only after he Prevention Point Pittsburgh and saw how workers do more than just hand out syringes. These types of programs connect people to resources — overdose reversal medication, wound care, substance use treatment — that can save lives and lead to recovery.

“A lot of these people are … desperate. They're alone. They're afraid. And these programs bring them into someone who cares,” Struzzi said. “And that, to me, is a step in the right direction.”

At her nonprofit in western Pennsylvania, Botteicher is hoping lawmakers take action.

“If it's something that's going to help someone, then why is it illegal?” she said. “It just doesn't make any sense to me.”

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This story was co-reported by WESA Public Radio and Spotlight PA, an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that holds power to account and drives positive change in Pennsylvania.

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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This story can be republished for free (details).

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By: Ed Mahon, Spotlight PA and Sarah Boden, WESA
Title: Clean Needles Save Lives. In Some States, They Might Not Be Legal.
Sourced From: kffhealthnews.org/news/article/clean-needles-syringe-services-programs-legal-gray-area-risk-pennsylvania/
Published Date: Fri, 17 May 2024 09:00:00 +0000

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Kaiser Health News

Watch: John Oliver Dishes on KFF Health News’ Opioid Settlements Series

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Fri, 17 May 2024 09:00:00 +0000

Opioid manufacturers, distributors, and retailers are paying tens of billions of dollars in restitution to settle lawsuits related to their role in the nation's overdose epidemic. A recent of “Last Tonight With John Oliver” examined how that money is being spent by and local governments across the United States.

The segment from the KFF Health “Payback: Tracking the Opioid Settlement Cash.” You can learn more about the issue and read our collection of articles by Aneri Pattani here.

——————————
Title: Watch: John Oliver Dishes on KFF News' Opioid Settlements Series
Sourced From: kffhealthnews.org/news/article/watch-john-oliver-kff-health-news-payback-opioid-settlements-series/
Published Date: Fri, 17 May 2024 09:00:00 +0000

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