CHARLESTON, W.Va. — West Virginia reproductive rights advocates see partisan political strategies behind the abortion referendum now headed for the ballot. But they also say they're ready.
Senate Joint Resolution 12 would remove any right to abortion from the state constitution. Supporters say it's intended to overturn a 1993 state Supreme Court decision that makes Medicaid pay for abortions.
But Margaret Chapman Pomponio, executive director at West Virginia FREE, said it's really intended to turn out pro-life voters in November, and at the same time erode the legal doctrines that support Roe v. Wade. She said she sees it as a chess move to set up future legal arguments.
“[It’s] a highly strategic, long game since Roe v. Wade became law, and now they're going for the big prize,” Chapman Pomponio said. “Really, what they're doing is playing politics with women's lives."
But she said there's also a rising wave of women becoming politically active in West Virginia and around the country. So regarding the fall election battle, she said, "Game on."
Before passing SJR 12 by a large margin, legislators turned down a bill that would have just forbidden state Medicaid from paying for abortions. They also turned away an amendment to SJR 12 that would have meant a vote on the referendum question before the main ballot in November.
Chapman Pomponio said this shows that lawmakers have not really been focused on the impact this could have on women and families in desperate situations.
"I've gotten the sense that they really haven't thought it through,” she said. “And in fact, many legislators tell me privately, 'We don't want to be doing this, but we're doing it anyway.'"
Chapman Pomponio said a state law still on the books makes providing abortion services a felony punishable by three to ten years in prison. That code was overruled by Roe v. Wade, but Chapman Pomponio said doctors in the Legislature were turned back when trying to change it.
So, she observed, if the referendum passes and Roe v. Wade is overturned, that state law would be in effect.
"This is not just about taking away Medicaid funding for abortions,” Chapman Pomponio said. “If Roe v. Wade were to fall, you could be thrown in prison for performing an abortion on yourself or on someone else."
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After more than 50 years of use, some Michigan lawmakers say naloxone may not be the best choice in an overdose situation.
Naloxone is sometimes called the "Lazarus drug" because of its powerful ability to seemingly resurrect people after a drug overdose.
Sen. Kevin Hertel, D-St. Clair Shores, and some of his colleagues have introduced a bill which would open the door for what they say are more costly, but more powerful, antidotes.
"Given the prevalence of fentanyl in our communities, and how much stronger some of these drugs that we're now seeing are, we believe -- and in talking with others -- that there should be other tools to respond to an overdose," Hertel explained. "To make sure we're doing everything we can to save somebody's life."
Not everyone is on board with the proposed legislation, Senate Bill 542. Opponents argued the more expensive naloxone alternatives are not necessary, and using them would only increase profits for the pharmaceutical industry.
Jonathan Stoltman, director of the Opioid Policy Institute in Grand Rapids, said while the naloxone alternatives do help in overdose situations, they can also cause nasty side effects.
"The newer approaches, they put people into more severe withdrawal," Stoltman pointed out. "That's a pretty profound negative side effect. The one approach is very inexpensive and works great; the other approach is far more expensive and has this strong negative side effect."
Sponsors of the bill say they're hoping to give Michigan residents a chance to chime in on the issue in a public hearing sometime in June. Michigan saw more than 3,000 opioid overdose deaths in 2021.
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New Mexico saw record enrollment numbers for the Affordable Care Act this year and is now setting its sights on lowering out-of-pocket costs - those not reimbursed by insurance. More than 56,000 New Mexicans are enrolled in a medical health insurance plan on the state exchange - an increase of 12,000 people overall.
Colin Baillio, deputy superintendent with the state's Office of Insurance, said the state has boosted its outreach and made efforts to improve the overall consumer experience.
"We saw a 40% year-over-year increase, and New Mexico saw the biggest percentage increase during the open-enrollment period among all of the state-based marketplaces," he explained
Part of the enrollment increase is due to what's called the "unwinding" - a federal directive that required all states to redetermine Medicaid eligibility following a three-year pause on checks during the COVID pandemic. He said by using expanded tools made available by the federal and state government, 8% of New Mexico's population is now uninsured - down from 23% in 2010.
Following approval by lawmakers in the 2024 legislative session, the New Mexico governor signed seven health care-related bills into law - one of which requires annual reporting of prescription drug pricing. Baililo said the Affordable Care Act built the foundation that has allowed the state to pursue additional affordability initiatives.
"I'm really glad to see that there's so much interest in the next step of health reform, really leaning into these out-of-pocket cost issues and making it easier for people to afford to stay covered and see their doctors," he continued.
Two years ago, the state also passed a one-of-a-kind law that did away with behavioral health co-pays for people in certain insurance plans.
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New York's medical aid-in-dying bill is gaining further support. The Medical Society of the State of New York is supporting the bill. New York's bill allows terminally ill people with only six months to live to use this option, with safeguards requiring two physicians' approval.
The bill's Assembly sponsor Amy Paulin, D-Westchester, said despite the growing support, other hurdles lie ahead.
"Now we have what I believe, if it came to the floor, a majority. There's still a hesitation on the part of leadership. You know, we need members to assure leadership that they no longer have reservations," she said.
Other newly resolved concerns center on making sure insurance companies and doctors who don't support this aren't held liable. She's optimistic the bill will pass after nine years in the Legislature. New York would be the 11th state along with Washington, D.C. to have medical aid in dying legislation.
Corinne Carey, senior New York campaign director with Compassion and Choices finds the pandemic drew a vivid picture of a person's end-of-life experience. There were images of people dying on ventilators, apart from loved ones, and unable to communicate. She said people began thinking about a "good death."
"And, what is a good death is being surrounded by loved ones, having some measure of control, experiencing the touch of your loved ones, and being the one in the driver's seat," she explained.
Now people have different options for end-of-life care, each of which presents various challenges. Polls show medical aid in dying has garnered considerable support since being introduced in 2015. A 2022 Compassion and Choices poll finds 57% of nurses support medical aid in dying professionally, although fewer support it personally.
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