Biden-era policy against hospital web trackers unlawful, judge rules

By Reuters - A federal judge in Texas on Thursday ruled that guidance issued by President Joe Biden's administration that bars hospitals and other medical providers from using online tracking technologies that monitor users of their websites was unlawful. Read Full Article…

HVBA Article Summary

1. Legal Challenge and Ruling: U.S. District Judge Mark Pittman ruled in favor of hospital trade groups and local healthcare systems, finding that the Department of Health and Human Services (HHS) exceeded its authority with a 2022 guidance on third-party data collection. The guidance, intended to protect patient privacy under HIPAA, was deemed overly broad in its interpretation of health information.

2. Impact on Healthcare Providers: The court's decision vacated the HHS guidance, which had warned hospitals about potential HIPAA violations from third-party data trackers on their websites. This ruling allows hospitals to resume using these technologies to provide accurate health information without the previous regulatory concerns.

3. Broader Implications and Future Guidance: The case highlights ongoing debates over the scope of federal agencies' authority in interpreting healthcare privacy laws. It underscores concerns about regulatory overreach and the potential for non-binding guidance to influence legal obligations, prompting discussions about the balance between patient privacy and technological innovation in healthcare settings.

Lilly’s Zepbound resolves sleep apnea in obese patients, furthering case for label expansion

By Katherine Lewin - Eli Lilly said Zepbound helped at least 43% of patients with obstructive sleep apnea and obesity resolve symptoms of the breathing disorder in late-stage trials. At the American Diabetes Association scientific sessions on Friday, Lilly spelled out the data from the Phase 3 trials two months after releasing topline results for SURMOUNT-OSA 1 and SURMOUNT-OSA 2. Read Full Article…

HVBA Article Summary

1. Efficacy of Tirzepatide in Treating Sleep Apnea: In the SURMOUNT-OSA 1 trial, 43% of participants who were not using PAP therapy met the criteria for disease resolution when administered the highest dose of tirzepatide. In the SURMOUNT-OSA 2 trial, which included patients using PAP therapy, 51.5% of participants achieved disease resolution. The results indicate a significant potential for tirzepatide as a treatment for moderate to severe obstructive sleep apnea and obesity.

2. Definition and Impact of Disease Resolution: Lilly defined disease resolution as having fewer than five sleep apnea events per hour on the apnea-hypopnea index (AHI) or between five and 14 AHI events per hour with a score of less than 10 on the Epworth Sleepiness Scale. Across both 52-week studies, patients experienced a mean reduction of up to 62.8% on the AHI, which translates to approximately 30 fewer instances of restricted or blocked airflow per hour of sleep compared to placebo. Additionally, patients showed significant weight loss and improvements in blood pressure and inflammation biomarkers.

3. Regulatory Progress and Future Plans: Lilly has filed for a label expansion with the FDA for tirzepatide in treating sleep apnea and plans to submit additional applications in the EU and other markets. If approved, tirzepatide would be the first drug approved for treating this breathing disorder, which affects 20 million people worldwide, with 70% of those affected also having obesity. The trials' positive outcomes strengthen confidence in tirzepatide's ability to treat both sleep apnea and obesity, potentially reducing the risk of related cardiovascular diseases.

ERIC and SPARK Concerned About DOL’s Lost and Found Participant Data Request

By Paul Mulholland - Major industry leaders expressed concern this week about the breadth of the Department of Labor’s data request to create the lost and found database for missing retirement plans, as required by the SECURE 2.0 Act of 2022. Read Full Article…

HVBA Article Summary

1. Department of Labor Information Request: The DOL issued an information request in April, seeking comments from interested parties on what information should be collected to create a lost and found database to reunite missing participants with their retirement plans. The request proposed that sponsors voluntarily provide participant names, Social Security numbers, contact information, and benefit status. The comment period ended on June 17.

2. ERIC's Concerns and Recommendations: The ERISA Industry Committee (ERIC) criticized the request, describing it as an overreach and a "lost and found data grab." ERIC argued that the DOL's proposal seeks more information than necessary and lacks adequate data protection measures. They recommended that the DOL coordinate with the IRS to use data from Form 8955-SSA to reduce the administrative burden on providers and ensure data security.

3. SPARK's Input and Warnings: The Society of Professional Asset Managers and Recordkeepers (SPARK) also commented on the DOL's request, suggesting that recordkeepers, rather than plan sponsors, should send participant information. SPARK warned of potential false positives in the database and urged the DOL not to rush the process to meet the December 29, 2024, deadline. They recommended an interim solution using 2023 Form 5500 data to allow more time for thorough implementation.

As they enter their 60s, Gen Xers projected to see higher cancer rates than Boomers

By Ronnie Cohen - As they head into their golden years, Gen-Xers are more likely to be diagnosed with cancer than the generation born before them, the Baby Boomers, a new National Cancer Institute study finds. Read Full Article…

HVBA Article Summary

1. Persistent Cancer Incidence Trends: A recent study published in JAMA Network Open forecasts that cancer rates in the U.S. may remain unacceptably high for decades. Despite previous declines in certain cancers like lung and cervical, newer generations, particularly Generation X, face rising rates of invasive cancers, including thyroid, kidney, and colorectal cancers.

2. Drivers of Increasing Cancer Rates: The exact causes behind the projected rise in cancer rates remain unclear. Factors such as obesity, sedentary lifestyles, and potential environmental pollutants like PFAS chemicals are implicated. Researchers emphasize the need for further investigation to pinpoint specific contributors to these concerning trends.

3. Generational Shift in Cancer Risk: Comparisons between Generation X and Baby Boomers reveal that when Gen-Xers reach age 60, they are more likely to be diagnosed with invasive cancers than previous generations. This shift underscores ongoing challenges in cancer prevention and highlights the urgent need for enhanced research and preventive measures, particularly targeting younger demographics.

WHO and Eli Lilly caution patients against falling for fake versions of popular weight-loss drugs

By Associated Press - The World Health Organization and drugmaker Eli Lilly and Co. are warning people to be wary of fake versions of popular weight-loss and diabetes medicines. WHO said Thursday that it has fielded several reports of fake semaglutide — the active ingredient in Novo Nordisk’s Wegovy and Ozempic — in all geographic regions of the world since 2022. Read Full Article…

HVBA Article Summary

1. Concerns Over Counterfeit Drugs: Eli Lilly expressed deep concern over the proliferation of counterfeit or compounded versions of tirzepatide, the active ingredient in its drugs Mounjaro and Zepbound. These products are being advertised and sold online, posing significant health risks as they are not approved or manufactured by Lilly.

2. Exclusive Supply and Safety Assurance: Lilly emphasized that it is the sole lawful supplier of tirzepatide and does not distribute it to compounding pharmacies, wellness centers, or online retailers. The company underscored that any product marketed as tirzepatide but not branded as Mounjaro or Zepbound is unauthorized and not vetted for safety by the FDA.

3. Patient Safety Recommendations: Both Lilly and global health authorities like the WHO advised patients to only obtain medications through licensed physicians and trusted sources. They cautioned against purchasing drugs from unfamiliar or unauthorized sources to mitigate the risk of using unsafe or ineffective treatments.

Heat waves in the US kill more people in their homes than anywhere else

By Elizabeth B. Kim - In July 1999, during Cincinnati’s worst heat wave in recent history, paramedics rushed a man to the hospital after a neighbor found him unresponsive in an attic apartment that had no air conditioning. Read Full Article…

HVBA Article Summary

1. Prevalence and Circumstances of Heat-Related Deaths: Heat-related deaths predominantly occur inside homes, especially among individuals lacking air conditioning and those with underlying health conditions. Analysis by the Cincinnati Enquirer shows that nearly 45% of heat-related fatalities in the past 20 years happened at home, while 41% occurred outdoors. Social isolation further exacerbates the risk, as those living alone or with mobility restrictions often cannot access cooler environments or receive timely help during heat waves.

2. Vulnerability of Specific Populations: Certain groups are more susceptible to heat-related deaths, including unhoused individuals, low-income households, children under 5, the elderly over 65, and those with chronic health conditions. The lack of access to cooling centers and the challenges in escaping the heat due to disabilities or mobility issues significantly increase their risk. Additionally, racial disparities exist, with non-Hispanic Native Americans and non-Hispanic Black Americans experiencing higher heat-related mortality rates.

3. Underestimation of Heat-Related Mortality: Official statistics on heat-related deaths may significantly undercount the true impact. The CDC estimates over 10,500 heat-related deaths in the past 20 years, more than three times the number reported by the National Weather Service. This discrepancy arises because heat's contribution to deaths from conditions like cardiac arrest and stroke is often overlooked unless explicitly linked to high temperatures. Scientists argue that recognizing and addressing the broader health implications of extreme heat is crucial to preventing future fatalities.
   

Hybrid working makes employees happier, healthier and more productive, study shows

By Denis Campbell - Hybrid working makes employees happier, healthier and more productive, according to research among UK staff who divide their working week between home and the office. Read Full Article…

HVBA Article Summary

1. Significant Reduction in Burnout and Stress: According to a survey by the International Workplace Group (IWG), three-quarters of employees who adopted hybrid working reported feeling less burnout compared to when they worked full-time in the office. Large majorities also felt less drained (79%), less stressed (78%), and less anxious (72%) due to the flexibility of splitting their workweek between home and office.

2. Enhanced Work/Life Balance and Overall Wellbeing: The IWG survey highlighted that 86% of hybrid workers experienced an improved work/life balance, attributing this to the free time gained from reduced commuting. This additional time positively impacted their ability to manage daily life challenges. Hybrid workers also cited benefits such as better sleep quality (68%), more exercise (54%), healthier meal preparation (58%), and overall better health (68%).

3. Increased Productivity and Job Satisfaction: Approximately three-quarters of hybrid workers felt more productive (74%) and motivated (76%) due to their flexible work arrangements. The survey also found that 85% of participants reported improved job satisfaction. These findings align with research published in the journal Nature, which indicated that hybrid working boosts job satisfaction, does not affect productivity, and significantly reduces employee turnover, especially among women, non-managers, and those with long commutes.

Advocate concerned that NAIC accelerated underwriting effort lacks teeth

By John Hilton - After putting accelerated underwriting aside for a year, state insurance regulators are out with tentative guidance on the topic. But one longtime consumer advocate wonders what took so long. Birny Birnbaum, executive director of the Center for Economic Justice, noted that regulators have studied accelerated underwriting for at least eight years. Read Full Article…

HVBA Article Summary

1. Regulatory Guidance on Accelerated Underwriting: The National Association of Insurance Commissioners (NAIC) is scrutinizing the practice of accelerated underwriting through a comprehensive 42-page guidance document. This document, which emerged from the work of the Accelerated Underwriting Working Group, outlines key regulatory considerations, strategies for review, and requests for information. It emphasizes transparency, ensuring consumers understand how their personal data is accessed and used by insurers, while also mandating the protection of sensitive data to prevent unauthorized disclosure.

2. Regulatory Consistency and Discretion: Sarah Gillaspey from the Minnesota Department of Commerce and Lauren Van Buren from the Wisconsin Office of the Insurance Commissioner highlighted the ongoing relevance of current insurance laws against unfair discrimination in underwriting and rating practices. They noted that the guidance would not be prescriptive, allowing states the discretion to interpret and apply these principles according to their own laws and policy decisions. The guidance aligns with the NAIC’s Model Bulletin on the use of algorithms, predictive models, and AI systems by insurers, adopted in December.

3. Historical Context and Evolving Practices: Accelerated underwriting has been in development for over a decade, gaining significant traction during the COVID-19 pandemic due to the need for socially distant options. The Accelerated Underwriting Working Group's efforts, including a draft Referral to the Market Conduct Examination Guidelines Working Group, reflect the evolving landscape of insurance practices. The group’s work paused to accommodate projects by the Innovation, Cybersecurity, and Innovation Committee, such as the AI bulletin and a survey on AI-ML use in life insurance, which found that 58% of life insurers are either using or interested in using artificial intelligence.

HSAs’ triple tax advantage can be a plus for retirement

By Susan Rupe - Health savings accounts can be a significant vehicle to save for health care expenses in retirement, as HSAs have a triple tax advantage making them attractive ways to invest money toward filling in the gaps in Medicare coverage. Read Full Article…

HVBA Article Summary

1. Maximizing HSA Benefits for Retirement: According to the white paper by the Employee Benefit Research Institute (EBRI) in collaboration with Inspira Financial, Health Savings Accounts (HSAs) are highly effective for covering healthcare expenses both during an employee's working years and in retirement. By making maximum contributions annually, including catch-up contributions, and not taking distributions, an individual could save over $1 million in their HSA over 40 years with a 7.5% return rate. This substantial savings can significantly help retirees fill gaps in their Medicare coverage.

2. Required Savings for Healthcare in Retirement: EBRI's multi-factor model indicates that a 65-year-old man and woman enrolled in a Medigap plan need to save $184,000 and $217,000, respectively, to cover premiums and prescription drug expenditures. Couples will need to save $351,000. This model takes into account various factors such as premiums, deductible spending, mortality assumptions, and assumed return rates on retirement savings, highlighting the importance of adequate savings to meet healthcare needs in retirement.

3. The 80/20 Rule and HSA Accumulation: The EBRI report emphasizes the 80/20 rule in healthcare spending, where 20% of the population accounts for 80% of total healthcare costs. This means that most HSA owners, who are part of the 80% of the population with lower healthcare expenses, can build up their HSA balances over time. By avoiding distributions and benefiting from the tax-free growth of their HSA funds, these individuals can accumulate significant savings to cover future healthcare expenses, especially in retirement when healthcare needs typically increase.