Consumer groups: Proposed DOT rules will undermine agency’s ability to protect passengers

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May 28, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—Consumer groups today called the Department of Transportation’s (DOT) proposal to modify how it protects passengers from unfair and deceptive acts and practices in the air travel marketplace “fatally flawed” and urged the agency to abandon its rulemaking. In comments filed with the agency, the National Consumers League and Consumer Action questioned why the Department would begin such a far-reaching rulemaking, which it apparently did at the request of the nation’s largest airline lobbying group.

“The proposed rules, formulated at the behest of the airline lobby, would not benefit consumers,” said John Breyault, NCL vice president of public policy, telecommunications, and fraud. “If adopted, they would give airlines even greater incentives to engage in the kinds of anti-passenger practices—like leaving passengers stuck on the tarmac for hours on end—that Congress intended the DOT to prevent.”

The DOT’s proposed rules (“Defining Unfair or Deceptive Practices,” Docket No. DOT-OST-2019-0182), would also require the agency to overcome burdensome hurdles before any new enforcement actions or consumer protection rulemakings are initiated.

DOT’s enforcement activity is at the lowest level in a decade. Last year, the DOT initiated the fewest number of enforcement actions (9) and the second-lowest amount of civil penalties ($2.2 million) since 2010. Compare this to the $1.4 billion in baggage fees that the eleven biggest U.S. airlines collected in the fourth quarter of 2019 alone. The groups’ comments questioned how such metrics could square with the airline industry’s portrayal of the DOT as a consumer protection agency run amok.

“We understand that the airlines are facing severe economic headwinds due to COVID-19,” said Linda Sherry, Consumer Action’s director of national priorities. “That should be no excuse for the DOT to cave to industry pressure and abandon its critical consumer protection role in the air travel marketplace.”

The organizations’ full comments are available here.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneering consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

The National Consumers League supports expanded COBRA coverage

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By Sally Greenberg, NCL Executive Director

In a perfect world, every person in the United States would have quality health care coverage, irrespective of whether they were employed or whether their employer-offered health insurance. The National Consumers League (NCL) has long advocated for universal access to health insurance for every American.

For political reasons, however, we still have a hybrid, expensive, and patchwork health care system. Thankfully, the Affordable Care Act addresses some of these disparities for millions, but our health care system in the United States still leaves many gaps in who can get coverage. And now, with the COVID-19 pandemic, the gaps in our social safety net have been made very stark indeed. Estimates are that 27 million Americans who have lost their jobs have lost their health insurance as well, according to an analysis from the Kaiser Family Foundation.

An estimate from the Robert Wood Johnson Foundation found between 25 million and 43 million people could lose their employer-sponsored insurance in the coming months if job losses continue.

However, help is on the way.

The Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act passed the House of Representatives on May 15, 2020. The bill addresses the COVID-19-induced massive unemployment/loss of health insurance crisis for Americans who receive their health insurance through their employer.

The HEROES Act allows individuals eligible for Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to maintain their employer-sponsored coverage after a layoff, reduction in hours or furlough without having to pay premiums through January 2021. The bill also would provide two special enrollment opportunities for individuals to obtain health insurance: (a) during the emergency period for Medicare-eligible individuals residing in an emergency area who have not previously enrolled in Medicare and (b) during an eight-week enrollment period for an Affordable Care Act exchange for individuals who are uninsured for whatever reason. The bill would authorize veterans without a disability or health insurance to qualify for special enrollment in the Veterans Affairs (VA) healthcare system for a 12-month period. Finally, the bill would expand the Medicaid expansion pathway provided for in Families First, which covered 100 percent of testing costs. HEROES would expand this pathway to include full federal coverage for COVID-19 treatment and vaccines without cost-sharing for certain Medicaid enrollees.

There are issues, of course, with handing over billions of dollars to the health care industry through expanded COBRA that they might not have received otherwise. Among them, they pay excessive salaries to their CEOs that should trouble all of us who pay insurance premiums.

There is also the possibility that increasing access to private insurance via COBRA subsidies could stunt nationwide efforts to expand Medicaid for more vulnerable populations, to some degree.

But this is a case where we cannot let the pursuit of perfection be the enemy of the good. For nearly 40 million Americans struggling with loss of employment, passage of the HEROES Act will mean that they will not have to worry that neither they, nor their families, will lose health insurance.

We agree with Actors’ Equity, which issued this statement before the HEROES Act was adopted, “it is time for Congress to consider a 100% COBRA subsidy to ensure that no one loses their health care in the middle of a pandemic.” Similarly, our friends at Families USA have echoed the call for fully subsidizing COBRA coverage for displaced workers, among other robust consumer assistance measures. To read more, click here.  

Fully or heavily subsidizing COBRA coverage will have multiple benefits – particularly for consumers with chronic illnesses who have already satisfied their annual deductible- who would either be faced with potentially starting a new deductible from scratch, or with an entirely new provider altogether. By subsidizing COBRA coverage, families will be able to seek medical care, access vaccines and testing for COVID, and will have the full array of health care protections. It is a measure that will be good for the entire nation and will lessen the already frightening and painful loss of employment.

As a result, NCL strongly supports the HEROES Act provisions to subsidize COBRA benefits to the many millions who have lost employment. The House of Representatives has done its part. Now we need the Senate to approve the HEROES Act and move it to the President’s desk for signature. The nation will be far healthier if everyone can have access to health care in the age of this catastrophic COVID-19 pandemic.

A prescription for surviving COVID-19 nutritionally intact: eat well, get sunshine

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow

Overeating or eating poorly during this pandemic is understandable. However, a healthy diet is vital for you and your family’s health. As most people are aware, a healthy diet consists of protein, fruits, vegetables, and grains and is low in salt, unsaturated fats, and free sugars. But there’s more to it than that.

While it’s important to have protein in one’s diet, it is not always necessary to get protein from meat products. One of the best sources is legumes (as known as beans) such as white peas, kidney beans, moong, masoor, chickpeas, lentils, and many others according to Thrive Global. Consider whipping up a salad, making tasty lentil soup with carrots and cilantro, or a chickpea curry to quench your taste buds! Preparing a simple, easy, and delicious meal doesn’t have to be hard, you can find many recipes and cooking guides on YouTube or Google Search.

Eating healthy sometimes means breaking bad habits, so the first step is by keeping healthy and nutritious snacks around, such as cheese with an apple, hummus and carrots, or nuts and dried fruit. Eating yogurt once a day is a good habit to get into along with fruit and cereal. If you’re full from a good breakfast, you are less likely to snack on junk food. Thrive Global noted that certain bacteria are highly recommended to keep you healthy and fit.

Remember to top up on your fruits! They are a rich source of minerals and vitamin C, which is especially good for boosting your immune system during COVID-19. Rangers, Apples, kiwis, and persimmons are just a few fruits rich in vitamin C. Kale, brussels sprout, broccoli, and parsley are also on the list. Vitamin D is also important in the immune response to COVID-19 due to its anti-inflammatory properties. Vitamin D is usually sourced by the action of sunlight on the body but since many of us are staying at home due to the lockdown and unable to get the necessary daily exposure, we must depend on vitamin D rich food sources such as; salmon, swordfish, oysters, mushrooms, and eggs, according to 10FAQ Health. And these vitamin D rich foods can make for very delicious dishes like garlic butter baked salmon or chargrilled oysters. Check out recipe sites like Food Network for more meal ideas.

Eating healthy is particularly important during the time of COVID-19. By incorporating foods of color—carrots, beans, various cheeses, kale, and more—you can make delicious dishes. Try new recipes and enjoy a healthy nutritious meal. And remember, eating healthy contributes to the boosting of the immune system. Let us all try to stay healthy and safe during COVID-19!

The National Consumers League supports expanded COBRA coverage

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Americans are spending billions on rising healthcare costs and need access to affordable, effective medicines and high-quality care.

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Alcohol consumption during COVID-19: What the consumer needs to know

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By Nailah John, Linda Golodner Food Safety and Nutrition Fellow

While most people are stuck at home in America during the COVID-19 pandemic, many have increased their alcohol purchase and consumption. During the Great Depression, President Franklin D. Roosevelt reportedly stated at the end of prohibition, “what America needs right now is a drink.” American’s are now facing another crisis, a pandemic and are adhering to this call.

According to a survey done by the research firm Nielsen, off-premise sales of alcohol spiked nationwide following stay-at-home orders. A new study from Alcohol.org stated that 1 in 3 Americans are drinking alcohol while working from home during COVID-19 lockdown. About 32 percent of Americans are more likely to be drinking while working from home, with 36 percent of men and 26 percent of women drinking while working.

In 2018, National Survey on Drug Use and Health (NSDUH) disclosed data showing that 86.3 percent of Americans ages 18 or older reported that they drank alcohol at some point in their lifetime; 70 percent reported they drank in the past year; 55.3 percent reported that they drank in the past month. NSDUH also indicated in 2018 that 14.4 million adults ages 18 and older had Alcohol Use Disorder in the United States. This includes 9.2 million men and 5.3 million women. The survey went onto disclose an estimated 401,000 youth ages from 12 to 17 had Alcohol Use Disorder.

According to Healthline, Americans expressed that their daily routine has changed and many have faced unemployed. This increased uncertainty, anxiety, and fear brought on by the pandemic has resulted in binge drinking.

What is defined as “binge drinking”? The Centers for Disease Control and Prevention (CDC) defines it as a pattern of drinking that brings a person’s alcohol concentration (BAC) to 0.08 g/dl or above. This typically happens when men consume 5 or more drinks or women consume 4 or more drinks in about 2 hours.

Binge drinking has some serious risks and is associated with many health problems, including:

  • sudden infant death syndrome;
  • obesity;
  • chronic diseases such as high blood pressures, stroke, heart disease, and liver disease;
  • cancer of the breast, mouth, throat, esophagus, liver, and colon;
  • memory and learning problems;
  • alcohol use disorders;
  • and fetal alcohol spectrum disorders.

The CDC stated in 2010 that alcohol misuse cost Americans an estimated $249.0 billion. These costs resulted from losses in workplace productivity, health care expenditures, criminal justice costs, and other expenses. Binge drinking was responsible for 77 percent of these costs or $191 billion.

Many consumers are unaware that the U.S. Treasury Department’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has not mandated “Alcohol Facts” on alcoholic beverages. Consumers have access to labeling information that contains nutritional facts on every single thing they consume except alcoholic beverages. As a result, consumers have little means of knowing the most basic information about alcoholic beverages. At the National Consumers League (NCL), we think the need for alcohol labeling is long overdue. Over the last two decades, NCL has petitioned the federal government for standardized “Alcohol Facts” and, this summer, will be calling for action on Alcoholic Beverage Labeling. Join your voice with ours by signing the forthcoming petition addressed to TTB and demand the drafting and implementation of rules that mandate a standardized “Alcohol Facts” label on all alcoholic beverages. It’s time to end the confusion so consumers can make informed and responsible purchasing and consumption decisions.

NCL expresses concern about Trump Administration’s NBPP rule for 2021

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May 26, 2020

Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, expresses concern about the Trump Administration’s Notice of Benefit and Payment Parameters Rule for 2021.

The following statement is attributable to NCL’s Executive Director Sally Greenberg:

“As the COVID-19 pandemic continues to take a toll across the country, consumers should not be subjected to additional obstacles when trying to access the care they need. We are therefore deeply troubled by the Department of Health and Human Services (HHS) decision to permit health plans to use accumulator adjustment programs in its Notice of Benefit and Payment Parameters Rule for 2021.

This is a step in the wrong direction at a time when consumers are struggling to make ends meet. Under these programs, health insurers are not required to count manufacturer cost-sharing assistance toward patients’ annual deductibles, even when no medically appropriate generic equivalent is available. Many patients typically rely on very specific treatments that have no generic or other alternative, resulting in already high out-of-pocket spending. Removing this cost-sharing assistance will force those patients to pay thousands of dollars more in unexpected costs at the pharmacy. These new costs could push some to forego those medications, leading to worsened health outcomes. This could compromise medication adherence and will lead to increased health care costs over time.

Given the significant financial pressure this will place on patients and the negative impact it could have for our health care system as a whole, we ask that HHS reconsider the reversal of its original protections against these programs. Any subsequent course of action should seek to take the burden off of consumers. Employers and insurers must recognize that this is not the time to create barriers to care and refrain from implementing accumulator adjustment programs in 2021.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneering consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL expresses concern about Trump Administration’s NBPP rule for 2021

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Media contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832
Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, expresses concern about the Trump Administration’s Notice of Benefit and Payment Parameters Rule for 2021.

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An old threat to public health is resurfacing amidst COVID-19 worries

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By Sally Greenberg, NCL Executive Director

While all of us have learned to adapt to the ‘new’ ways to stay healthy we can’t let our need to avoid contact with others get in the way of the important steps we have always taken to keep disease at bay; staying up to date on vaccinations.

Since the COVID-19 pandemic hit, most of us have dutifully complied with stay-at-home orders to avoid contracting the virus. While that is critically important, there are other diseases that we must guard against. While the world awaits a COVID-19 vaccine, we need to keep ourselves and our families safe by protecting overall health. This includes taking steps to diminish the risk of other dangerous outbreaks that would weaken our immune systems and put additional strain on the healthcare system.

Before the coronavirus, low vaccination rates were already a concern for many populations. But in the last several weeks, we have been alarmed to learn that the numbers of people receiving vaccinations—from the very young to the very old—have plummeted. That is extremely worrisome for public health officials.

In fact, prominent organizations like the World Health Organization (WHO) and the National Foundation for Infectious Diseases (NFID) have stressed the importance of maintaining vaccination against illnesses like the flu and pneumonia, which affect lung health during the pandemic. This is even more important for those with underlying conditions and those over the age of 65 who are more vulnerable to these diseases.

Early in the pandemic, we thought children might be spared from much of the outbreak. That turns out not to be true. Children need their vaccinations more than ever! Time has proven that there is still much we don’t know about the Coronavirus and how it affects the vulnerable—so staying up-to-date on pediatric vaccines is equally important.

Hesitation to visit the doctor’s office is completely understandable, but I can speak from personal experience that our health care providers are making doctor visits very safe.

When I visited the doctor on a non-coronavirus issue, they staggered patient appointments so patients never had to share a waiting room; everyone wore a mask; we observed 6-foot social distancing; there was an abundance of soap and water and hand sanitizer. The staff at the office was exceptional. They were organized, completely protected with all of the proper PPE, and very focused on making sure that I—the patient—felt safe and secure.

The best advice? Call ahead to ask your health care provider about the precautions they have in place and the best timing for a visit to update your vaccines. Adults, get your shingles, pneumococcal pneumonia, and flu shots. You don’t want those illnesses! And every child needs the array of measles, mumps, tetanus, diphtheria, whooping cough, and other vaccines recommended by the Centers for Disease Control (CDC) for children.

As we continue to live in this new world, we have a responsibility to ourselves, to our families, and our communities to stay as healthy as possible. Modern medicine’s gift to humankind is an array of extremely safe and effective childhood and adult vaccines to prevent diseases that once, collectively, have killed billions globally. As the COVID-19 pandemic has shown, we are lucky to have these vaccines. They keep us safe and healthy. We all have to do our part and get vaccinated from preventable diseases.

Hawaii Department of Commerce and Consumer Affairs staff honored with top volunteer award from national consumer literacy program, LifeSmarts

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May 19, 2020

Theresa Kong Kee, Gloryana Akapo named 2020 LifeSmarts State Coordinators of the Year 

Contact: National Consumers League – Carol McKay, carolm@nclnet.org, (412) 945-3242 or Taun Sterling, tauns@nclnet.org, (202) 207-2832

Washington, DC—LifeSmarts, a national teen consumer literacy and scholarship program, has named two Hawaii government officials its 2020 Coordinators of the Year: Theresa Kong Kee, Investor Education Specialist, and Gloryana Akapo, Securities Multi-Media Education Specialist with the Office of the Securities Commissioner, both with the Hawaii Department of Commerce and Consumer Affairs. Kong Kee has served as Hawaii State LifeSmarts Coordinator for 7 years; Akapo joined her as co-coordinator two years ago.

LifeSmarts, a consumer education competition that challenges teens in grades 9-12 about personal finance, health and safety, the environment, technology, and consumer rights and responsibilities, is a program of the National Consumers League (NCL). LifeSmarts is coordinated by NCL at the national level and by volunteers who serve as State Coordinators across the country.

“Working together, Theresa and Gloryana run a very successful and competitive LifeSmarts program for students and educators in Hawaii,” said LifeSmarts Program Director Lisa Hertzberg. “They have developed a state LifeSmarts website that includes many resources for educators. They actively promote LifeSmarts through social media to provide resources to their coaches, and they have continued to be especially active during the pandemic.”

LifeSmarts State Coordinators implement the national consumer education program at the local level, bringing to bear their knowledge of best practices for students and educators in their state. State Coordinators promote the program, advise educators, and run online and live state competitions to advance consumer education for the students in their states.

Staff within the Office of the Securities Commissioner in the Hawaii Department of Commerce and Consumer Affairs has served in the State Coordinator role since 2013.

“Theresa and Gloryana work so hard for their state, and it shows; Hawaii’s LifeSmarts program is truly exceptional, when it comes to administration, partnerships, and—most importantly—student participation and success,” said Hertzberg. “The Hawaii LifeSmarts program is robust, and student teams have done very well at the national level. Hawaii is also home to the second largest Junior Varsity (middle school) program in the nation. We are thrilled to honor them this year and congratulate them for a job very well done.”

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About LifeSmarts and the National Consumers League

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: www.lifesmarts.org, email lifesmarts@nclnet.org or call the National Consumers League’s communications department at (202) 835-3323.

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Top of mind: Full coverage should mean full coverage

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Nissa Shaffi

By Nissa Shaffi, NCL Associate Director of Health Policy

The National Consumers League is troubled by the recent report by Public Citizen, “Insurers’ Offers of Free Care for Coronavirus Are Often Confusing and Limited.” In these traumatic and confusing times, it’s critical that consumers can rely on their healthcare insurers to follow the spirit of the law as well as the letter of the law. This includes being crystal clear about what is covered, under what conditions, and for how long. 

Public Citizen’s research into 25 of the largest health insurers turned up a range of concerning practices. Most fee waivers will expire by early summer, well before the crisis will subside. Few appear to cover costs of out-of-network care, a hardship when the urgency of the illness and overwhelmed facilities may make it untenable to get in-network care. The 60 percent of people in private insurance plans who are covered by their employers’ self-insured plans may not even be covered if the employer does not opt-in. And of long concern to NCL, even free tests may come with associated services the patient may not be aware of, and that lead to surprise billing not prohibited by the law.

We urge insurers to act in good faith. Use the savings you are accruing from lower elective care costs to fully cover the costs associated with this pandemic. Remove arbitrary restrictions. Be clear and fully transparent about what you are offering. Hold the course for the duration. The consumer community is here to help make it happen.