State attorney generals have historically functioned as advocates for their citizens, especially when it comes to health issues. In 1994, Mississippi’s Attorney General Michael Moore filed the first lawsuit demanding that tobacco companies compensate the state for Medicaid costs associated with tobacco-related illness. More than 40 other state attorneys eventually filed similar lawsuits, leading to the Master Settlement Agreement in 1998 that required the major tobacco companies to pay a total of $206 billion to the states and also led to restrictions in how cigarettes are marketed.
Lainie Rutkow, assistant professor at Johns Hopkins’ Bloomberg School of Public Health, along with coauthor Stephen Teret (also at Hopkins), write in the new issue of JAMA that state attorneys general are “powerful but underrecognized participants in establishing and refining health policy.” Rutkow mentions other health advocacy efforts undertaken by state attorneys general including preventing pharmaceutical companies from promoting off-label uses of their drugs and investigating improper health claims by food manufacturers. Just last year, New York’s Attorney General Andrew Cuomo investigated the charge that Igenix, a subsidiary of United HealthCare, was instructing insurers to underpay “usual and customary” charges for medical procedures by some 10-28%; resulting in consumers shelling out excessive out-of-pocket medical expenses. Also in 2009, Connecticut’s attorney general Richard Blumenthal began an investigation into “erratic and excessive” pricing of Tamiflu, a drug that can shorten the duration of flu symptoms, just as the recent H1N1 epidemic reached its peak.
With this history of advocacy, it now seems so incongruous that state attorneys general (along with a handful of governors) from 21 states have filed lawsuits charging that the Patient’s Care and Affordable Health Care Act is unconstitutional and are demanding its repeal. The Act, which would cover some 30 million Americans who are currently uninsured and offers relief from medical bankruptcy to millions more, would seem to be squarely in the public’s interest.
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