FDA Approves New Booster Vaccine for COVID-19: Appointments Open Wednesday

The FDA has just approved new COVID-19 booster vaccines designed to target the latest variant (KP3) of the SARS-CoV-2 virus.

FDA Approves and Authorizes Updated mRNA COVID-19 Vaccines to Better Protect Against Currently Circulating Variants | FDA

With the fall season approaching and COVID-19 in the increase in Arizona  it’s a great time to start thinking about getting boosted, especially if it’s been a while since your last dose.

Arizona Statewide Surveillance Data Dashboard

The new booster vaccine is becoming available starting next week. I made an appointment at CVS for Wednesday, August 28.

Administrative Law Judge Sends AHCCCS Back to the Drawing Board on their ALTCS EPD Contract Awards

Last week an Administrative Law Judge ruled that AHCCCS made ‘significant errors’ in awarding recent contracts for healthcare services for persons enrolled in the Arizona Long Term Care System for “the elderly & physically disabled” (EPD).

The ruling was not about and has no impact on the ALTCS system for folks with developmental disabilities that are not members of EPD.

Judge finds ‘serious flaws’ in AZ Medicaid program’s contract awards

The judge identified multiple issues, including a lack of transparency and inconsistencies in the evaluation process that have the potential to “lead to unfair advantages for certain contractors, potentially undermining the quality of care provided to members of the ALTCS EPD program.

“Due to the serious flaws in the procurement process and the arbitrary outcome of the award determination, it is recommended that appellants’ appeal be granted, the procurement canceled and a new request for proposals issued.” – Administrative Law Judge Sondra J. Vanella

The ALTCS program provides services like nursing care, case management, and home and community-based services, aiming to keep elderly and physically disabled individuals in the least restrictive environment possible.

The case could lead to revisions in the way AHCCCS conducts its procurement processes to better ensure this and future contracts are awarded more fairly and transparently…  essential ingredients for hiring the right contractors who provide essential healthcare services in Arizona’s Medicaid program.

Note: This ruling is from an ‘Order’ from Administrative Law Judge, not a Superior Court judge. While the ALJ issued this ‘Order’ the AHCCCS director can elect not to heed that order. Directors cannot just dismiss Superior Court rulings.

How Policy Failures Contributed Arizona’s 2020 – 2021 Life Expectancy Decline

Recent reports reveal a concerning trend: life expectancy in Arizona plummeted by nearly three years from 2019 to 2021, one of the steepest declines in the nation.

New: Life expectancy for Arizonans dropped in 2-year span, data shows (azcentral.com)

This drop is closely linked to the state’s response to the COVID-19 pandemic, where Arizona’s leadership under former Governor Doug Ducey and ADHS Director Cara Christ made critical missteps that contributed to this devastating outcome.

Arizona’s life expectancy decline is not just a statistical anomaly; it’s a reflection of policy failures. According to The Lancet, Arizona had the highest per capita standardized COVID-19 death rate in the U.S. from January 2020 to July 2022. This alarming statistic underscores the consequences of a state leadership that prioritized economic interests over public health.

Assessing COVID-19 pandemic policies and behaviours and their economic and educational trade-offs across US states from Jan 1, 2020, to July 31, 2022: an observational analysis – The Lancet

Ducey and Christ’s reluctance to enforce mask mandates, social distancing, and other preventative measures during critical periods of the pandemic undoubtedly played a significant role in Arizona’s tragic mortality rate.

Their decision to forbid other jurisdictions and businesses from requiring proof of vaccine as a condition of admission to public venues also contributed to Arizona’s poor performance.

An AZPHA data brief highlighted how COVID-19 became the leading cause of death in Arizona during the pandemic, surpassing heart disease and cancer.

AzPHA Data Brief – Arizona: The Only State in the US Where COVID-19 was the Leading Cause of Death during the Pandemic

That report further illuminated the impact of inadequate state-level public health interventions. The state’s approach not only worsened the COVID-19 crisis but also overshadowed ongoing public health challenges, leading to broader declines in life expectancy.

Arizona’s performance starkly contrasts with states that implemented more aggressive public health measures, where life expectancy has been better preserved.

The decisions made by Ducey and Christ during the pandemic have left a lasting, detrimental impact on the state’s health outcomes, a legacy that continues to affect Arizonans today.

Moving forward, it’s critical that Arizona’s policymakers learn from these mistakes, prioritize public health, and hold executive branch appointees accountable.

Leveraging the Inflation Reduction Act for Energy Efficiency: Powerful Incentives for Arizona Health Care Centers & Hospitals

The Inflation Reduction Act, passed by Congress and signed by President Biden is helping Arizona’s hospitals and health care centers save money while increasing their energy efficiency and building their own reliable power sources – here’s how:

Renewable Energy Investment Tax Credits
  • The basics: Installing renewable energy can reduce dependency on the power grid, increasing the resilience of health care facilities in the face of climate and extreme weather-related risks, such as power outages, while lowering costs during peak usage times. The Inflation Reduction Act greatly expands the existing energy investment tax credits. The section 48 Business Energy Investment Tax Credits range from 6% to 70% of the upfront cost of a “qualifying energy property,” such as solar and wind electricity generation and standalone battery storage projects.
  • The details: Starting in 2025, the ITC will change to a more flexible, technology-neutral tax credit for facilities that generate clean electricity. The credit amount depends on the project’s size: larger projects with an output over 1 MW qualify for a 6% credit on installation costs, while smaller projects under 1 MW can receive a 30% credit. Bonus incentives can increase the total credit to as much as 50% to 70% of the project’s upfront costs.
Qualified Commercial Clean Vehicles Credits
  • The basics: Healthcare organizations that own vehicle fleets (for patient transportation, delivery of medical supplies, mobile care units, home health services, etc.) can use the section 45W Qualified Commercial Clean Vehicle Credit to lower their total cost of ownership. The credit can only be applied toward qualified commercial clean vehicles (electric, hybrid, etc.).
  • The details: The value of this credit tops out at $7,500 for vehicles that weigh less than 14,000 pounds or $40,000 for vehicles whose weight exceeds 14,000 pounds. However, there are no limits to the number of credits that can be applied. Non-profit hospital systems are eligible to receive the value of this credit as a direct payment. For-profit hospital systems can only monetize the value of this incentive by using it as a tax credit.
Alternative Fuel Vehicle Refueling Property Credits
  • The basics: Investing in alternative fuel vehicle refueling stations, such as electric car charging stations, offers healthcare organizations a practical way to cut costs by reducing reliance on traditional gasoline or diesel fuels. The Section 30C Alternative Fuel Vehicle Refueling Property Credit helps cover the cost of these installations, making the transition to clean transportation more affordable.
  • The details: For non-profit hospitals, the credit allows for a direct payment, while for-profit hospitals can choose to transfer the credit for cash. The credit applies to refueling and charging stations in eligible areas, including low-income and non-urban regions. The base credit is 6% of the eligible installation costs, with the potential to increase to 30% if the installation meets certain prevailing wage and apprenticeship requirements. The credit is capped at $100,000 per property, providing significant financial support to healthcare organizations transitioning to clean transportation.
Energy-efficient Commercial Building Deduction
  • The basics: Energy-efficient updates in hospitals improve patient comfort by providing consistent temperatures, better air quality, and reliable systems. These upgrades also lower operating costs, allowing more resources to be directed toward patient care and enhancing overall health outcomes. The Inflation Reduction Act has enhanced the Section 179D Energy Efficient Commercial Buildings Deduction.
  • The details: Section 179D provides tax deductions for improvements to interior lighting, heating, cooling, ventilation, hot water systems, and the building’s envelope—essentially, anything that separates the inside of the building from the outside, like roofs, doors, windows, floors, and walls. The maximum deduction has been increased to $5.00 per square foot, with adjustments for inflation, if certain wage and apprenticeship standards are met.

The IRA also removed the restriction that limited the deduction to a single use over a building’s lifetime. Now, tax-exempt entities can transfer the deduction to design professionals who can then monetize it.

Renewable Energy Production Tax Credit

Renewable energy production allows healthcare facilities to contribute back to the community. The Section 45 Renewable Energy Production Tax Credit supports healthcare organizations that produce some of their electricity from renewable sources by offering a 10-year tax credit. This credit ranges from 0.3 to 1.5 cents per kilowatt-hour (kWh) for electricity generated from renewable resources and sold to an unrelated party after the facility is operational.

Taking Action!

By using these incentives, Arizona hospitals can build more resilient and reliable facilities. With energy costs on the rise and extreme weather becoming more common, these investments are not just about saving money—they’re about ensuring that healthcare centers can continue to serve the community, no matter the circumstances.

For more details on these incentives, you can check out the following resources:

By taking advantage of the IRA, Arizona’s hospitals can enhance their energy resilience, cut costs, and continue providing essential care to our communities—rain or shine!

Progress & Compromise: A Look at Medicare’s Modest Prescription Drug Price Reforms

For decades, taxpayers and Medicare members have shouldered an unfair burden, paying exorbitant prices for prescription medications. The root of this issue lies in a significant flaw in Medicare’s design: the inability to negotiate drug prices. This restriction has led to inflated costs, forcing millions of Americans to overpay for essential medications.

Both President Biden’s proposal and the earlier H.R. 3 aimed to address this problem through more comprehensive drug price negotiation opportunities.

These proposals had the potential to transform the landscape of prescription drug pricing, offering meaningful relief to millions of Americans. Unfortunately, the powerful lobbying forces within the pharmaceutical industry succeeded in watering down these proposals, reducing their impact.

Despite these setbacks, the Inflation Reduction Act marked a modest turning point. While far from the sweeping reforms initially proposed in HR3 and President Biden’s plan, the IRA finally allowed Medicare to negotiate drug prices on a handful of medicines.

‘Inflation Reduction Act of 2022’ Gets a C- for Cutting Prescription Drug Prices – AZ Public Health Association

Last week HHS announced new, lower prices for the first ten drugs selected for Medicare price negotiation. While this achievement is a step forward, it’s only a modest and partial solution.

Biden Administration Announces New, Lower Prices for First Ten Drugs Selected for Medicare Price Negotiation to Lower Costs for Millions of Americans

The new negotiated prices on the first 10 drugs are better than what they were, they fall short of the more comprehensive reforms that were initially proposed and desperately needed.

View the List of Negotiated Drug Prices and Projected Savings

The Inflation Reduction Act will allow Medicare to negotiate the prices of up to 60 drugs over the next five years. HHS can negotiate the price of another 10 drugs in 2026, with the number gradually increasing each year, reaching a total of 60 negotiated drugs by 2030 (unless we can get a more robust law passed between now and then).

Updating Arizona’s Landlord-Tenant Act: A Crucial Step to Prevent Evictions and Save Lives

Arizona’s housing crisis is spiraling, with rapid evictions driving homelessness and contributing to the state’s staggering number of heat-related deaths.

At the heart of this issue is Arizona’s 1973 Landlord and Tenant Act, a law that has remained largely unchanged for decades and, crucially, favors landlords. With extreme heat becoming a more frequent and deadly threat, especially for those without shelter, it’s time Arizona updated this outdated legislation to better protect tenants and prevent unnecessary suffering and loss of life.

The Deadly Impact of Evictions

Evictions in Arizona are fast and often leave tenants with little time to find alternative housing. The result? Many end up on the streets, exposed to the elements, particularly the brutal Arizona sun.

In 2023, Maricopa County recorded a record number of heat-related deaths, a trend that shows no sign of slowing down. A significant portion of these deaths were among the homeless population, who are especially vulnerable to extreme temperatures.

The connection between eviction and homelessness is clear, and with Arizona’s eviction process being one of the swiftest in the nation, it’s clear that the current law is worsening our public health crisis.

Arizona’s most populous county has confirmed 645 heat-associated deaths in metro Phoenix last year | AP News

Maricopa County Heat Deaths in 2023: A Crisis for the Homeless & a Call for Housing Reform

The 1973 Landlord and Tenant Act, designed during a very different time, lacks the tenant protections needed in today’s housing market. While landlords benefit from a streamlined eviction process, tenants face an uphill battle to secure their housing, often with life-threatening consequences.

Learning from Other States

Other states have recognized the need for stronger tenant protections, and Arizona should take note.

Minnesota’s Landlord and Tenant Act, for example, includes more fair provisions that could serve as models for reform. Landlords must provide just cause for evictions, ensuring that tenants are not removed from their homes arbitrarily. Additionally, Minnesota law includes protections for tenants during the winter months, prohibiting evictions when the weather poses a risk to health and safety.

Colorado’s recent updates to its landlord-tenant laws also provide valuable lessons. Colorado has implemented mandatory mediation programs for evictions, offering tenants and landlords a chance to resolve disputes without resorting to eviction. This approach not only helps keep tenants in their homes but also reduces the burden on the court system and promotes fairer outcomes.

Proposed Reforms for Arizona

Arizona needs to modernize its Landlord and Tenant Act to reflect the current realities of the housing market and the increasing threat of extreme heat. Key reforms should include:

  1. Just Cause Eviction Protections: Require landlords to provide a valid reason for eviction, preventing arbitrary and retaliatory actions.
  2. Extended Eviction Timelines: Lengthen the notice period for evictions to give tenants more time to find alternative housing, reducing the likelihood of homelessness.
  3. Mandatory Mediation: Implement a mandatory mediation program for eviction cases, encouraging dispute resolution and keeping more Arizonans in their homes.
  4. Heat Season Eviction Moratorium: Prohibit evictions during the hottest months of the year to protect tenants from the dangers of extreme heat.

Updating Arizona’s landlord-tenant laws is not just a matter of fairness—it’s a matter of life and death. By adopting tenant-friendly provisions like those in Minnesota and Colorado, Arizona can reduce homelessness, save lives, improve the social determinants of health and create a more just and fair housing market.

Evictions, Homelessness & Heat Related Deaths: Is Arizona’s Antiquated Landlord & Tenant Act Part of Our Problem?

Yes, it is

Arizona’s Residential Landlord and Tenant Act was enacted by the Arizona Legislature and signed into law by Governor Jack Williams in 1973. The Act outlines the rights and responsibilities of both landlords and tenants in residential rental agreements across the state.

It covers a wide range of issues, including security deposits, maintenance obligations, lease termination, eviction procedures, and the conditions under which landlords and tenants can take legal action.

Arizona Residential Landlord and Tenant Act | Arizona Department of Housing

One of the key aspects of Arizona’s landlord and tenant law is its landlord-friendly nature. Compared to tenant protections in other states, Arizona’s law provides landlords with greater flexibility and control over rental agreements.

For example, Arizona doesn’t have any limits on rent increases (aka rent control), allowing landlords to increase rent was they see please as long as they give basic notice (30 days for month-to-month agreements)​. Landlords also don’t have to provide a grace period for late rent payments and there’s no state-imposed limit on late fees, although they must be considered reasonable.

Metro Phoenix evictions climb again in July. Where are rates highest?

Landlords can end a lease and begin eviction proceedings with short notice periods, especially when compared to states with more balanced laws like Colorado and Minnesota. For example, if an Arizona tenant doesn’t pay rent the landlord can issue a 5-day notice to pay or vacate the premises. If the tenant doesn’t comply within this period, the landlord can file for eviction in court. ​The entire process, from issuing the notice to completing an eviction is much faster than in states with more balanced laws.

Metro Phoenix eviction filings hit new high
Eviction filings are on the rise in metro Phoenix. What can be done?

At least Arizona’s law requires landlords to ensure rental properties are habitable and meet basic health and safety standards. Tenants at least have the right to request repairs and, in some cases, withhold rent or make repairs themselves and deduct the cost from the rent if the landlord doesn’t address significant issues.

Overall, while Arizona’s Landlord and Tenant Act offers some basic protections to tenants, its favors landlords overall, particularly in areas like rent control, lease termination, and eviction procedures. As a result, landlords in Arizona can manage their properties with few restrictions and evict tenants more quickly than in states with more tenant-friendly laws, leading to rapid eviction and increased risk for homelessness and even death during Arizona’s brutal summers.

In my next blog I’ll cover some best practice provisions that are fairer to tenants.

Resources for Tenants:

Note: I’ve been asked to summarize the typical timeline for eviction procedures in Arizona. Below is a basic timeline (recognizing that not every case will follow this timeline based on the decisions the landlord, tenant and court make (including the court schedule):

  1. Notice of Default: The landlord must provide written notice to the tenant for specific violations (e.g. non-payment of rent). For non-payment, a 5-day notice is given to pay the rent or vacate. For lease violations, a 10-day notice is typically required.
  2. Filing for Eviction: If the tenant does not comply with the notice (e.g. pay) the landlord can file a complaint with the court.
  3. Court Hearing: After filing, the court schedules a hearing, usually within 3 to 6 days of the filing. Both the landlord and tenant can present their case.
  4. Judgment and Writ of Restitution: If the court rules in favor of the landlord, a judgment for eviction is issued. The landlord can then request a Writ of Restitution, allowing law enforcement to remove the tenant. The tenant typically has 5 days to vacate after the writ is served.
  5. Enforcement: If the tenant does not leave, law enforcement may forcibly remove the tenant from the property.

The entire eviction process can take anywhere from 2 to 6 weeks, depending on the circumstances and the court’s schedule.

Arizona’s Proposition 135: Reckless & Potentially Lethal

The overall purpose of an emergency declaration at the state level is to provide the government with the authority and resources needed to respond swiftly and effectively to crises that threaten public safety and health.

This declaration allows the governor and state agencies to implement measures that are not typically permissible under normal circumstances. Many of those measures are designed to cut red tape and allow for temporary relief from ordinary regulations.

Some of the key purposes include:

  • Mobilizing Resources: Enables the rapid allocation of state resources, like funding, personnel, and equipment, to areas affected by the emergency.
  • Regulatory Flexibility: Allows for the temporary suspension or modification of regulations that may impede prompt response efforts. This can include waivers for healthcare facility requirements, licensing reciprocity for out-of-state medical professionals, and expedited procurement processes.
  • Information Gathering: Enhances the ability to collect and issue critical information, including enhanced surveillance data, to monitor and manage the situation effectively.
  • Public Safety Measures: Authorizes the implementation of necessary public safety measures, such as evacuations, curfews, and quarantine orders, to protect citizens from immediate threats.
  • Coordination and Support: Facilitates coordination between various state agencies, local governments, federal entities, and non-governmental organizations to ensure a unified and efficient response.

Overall, an emergency declaration is a crucial tool for state leaders to mitigate the impact of emergencies, protect public health, and restore normalcy as swiftly as possible.

Arizona Proposition 135, set to be voted on in November 2024, asks you to pass an amendment to the Arizona Constitution that would significantly alter the governor’s ability to respond to emergencies.

As a constitutional amendment, reversing or changing these restrictions would be exceedingly difficult, requiring another amendment process and voter approval.

This proposition poses several risks to public health and safety:

Inability to Respond to Biological or Radiologic Emergencies Effectively

  • The governor’s response capabilities to public health crises, such as pandemics or radiologic events, would be severely restricted.
  • Essential measures like the rapid deployment of medical resources, quarantine enforcement, and coordination with federal agencies could be delayed or hindered.

Loss of Regulatory Flexibility After 30 Days

  • Interstate Professional License Reciprocity: Healthcare professionals from other states could not provide services in Arizona beyond 30 days, potentially leading to severe healthcare staffing shortages during prolonged emergencies.
  • Liability Waivers for Responders: Emergency responders would lose critical legal protections, discouraging volunteerism and participation in emergency operations.
  • Temporary Waivers of Healthcare Institution Regulations: Hospitals and clinics would be unable to adapt swiftly to the surge in patient numbers, affecting their ability to provide prompt and adequate care.
  • Clinic Licenses for Antivirals/Vaccine Distribution: The swift establishment of temporary clinics for mass distribution of antivirals or vaccines would be obstructed, delaying public access to life-saving treatments.
  • Tort Liability Protection for Emergency Responders: The removal of legal protections for responders would increase the risk of litigation, potentially reducing the number of willing participants in emergency responses.
  • Collection of Enhanced Surveillance Data: Essential data collection for monitoring and controlling the spread of diseases would be hampered, impeding the ability to make informed public health decisions.

Proposition 135 would undermine state and local government’s ability to safeguard public health during emergencies by imposing stringent limitations on necessary regulatory flexibility and emergency response measures. This inflexibility could lead to delayed responses, inadequate medical care, and increased mortality during crises.

It introduces unnecessary rigidity, as the current system already includes checks and balances to prevent abuse of emergency powers. A.R.S. § 36-787 already limits public health emergency declarations to 120 days. Any extensions beyond this period require legislative approval, ensuring a balance of power and oversight.

AzPHA urges voters to voters to say NO to this harmful and dangerous constitutional amendment which would have profoundly bad consequences during a biological or radiological emergency in Arizona.

Debate on Prop 135 – Emergency Declarations Amendment – Arizona PBS