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Illinois Attorney General Files Lawsuit Against HIV/AIDS Nonprofit
The Illinois attorney general on Thursday filed a lawsuit against the Center for AIDS Prevention for unlawful fundraising and falsifying official documents, ProPublica reports (Weaver, 7/27). Attorney General Lisa Madigan said the state revoked the organization"s registration 20 years ago, but its director, Steve Neely, also known as Morrell Neely, has continued to solicit donations in the state. "The state says the group tried to reregister as a nonprofit using a phony Chicago address, though its boss, ò€¦ lives in Riverside, Calif.," Courthouse News Service reports (Freeland, 7/27). "If the suit is successful, Illinois could seize money illegally raised there, bar Neely and others involved with the center from future charitable work in the state, freeze their assets, force them to pay back donations they may have "misused and/or wasted" with interest, and attempt to shut the group down for good by revoking its corporate status," ProPublica reports (7/27).
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Health Care Reform Likely Will Not Provide Coverage To Undocumented Immigrants, Sen. Baucus Says
Sen. Max Baucus (D-Mont.), chair of the Senate Finance Committee, on Thursday said that he supports "a version" of government-run health insurance but that such a program would not cover undocumented immigrants, the Washington Times reports. Baucus was speaking at an event sponsored by the Kaiser Family Foundation, Families USA and the National Federation of Independent Business (Haberkorn, Washington Times, 5/22). Baucus said that health care reform likely would provide coverage to between 94% and 96% of U.S. residents but that it would be "too politically explosive" to provide coverage to undocumented residents (Young, The Hill, 5/21). Undocumented immigrants account for between 15% and 22% of the estimated 47 million U.S. residents who lack health insurance, according to analyses by the Center for Immigration Studies and the U.S. Census Bureau. Baucus said the finance committee has not yet discussed whether federal funding to treat low-income, uninsured patients should be expanded to treat undocumented immigrants. "I don"t have a good answer yet to undocumented workers," Baucus said, adding, "There will still be charity care." According to the Dallas Morning News, some immigration advocates have said health reform efforts will not be complete if undocumented immigrants do not have coverage. Jaime Torres, president of Latinos for National Health Insurance, said, "In light of what"s happening now with the flu pandemic, it"s pretty clear that, for any health care system to work, it has to cover everyone residing in the United States" (Landers, Dallas Morning News, 5/22). Torres added, "It"s unfortunate that Sen. Baucus and the Congress might not have the courage to include the undocumented" (Washington Times, 5/22). A podcast and video of the press conference are available online at kff.org.
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Sexual Crimes: Narrow Window For Detection Of Knock-Out Drugs
Drug-facilitated sexual crimes are increasing. The Bonn Institute for Forensic Medicine has recorded that the number of examinations on the use of intoxicants in sexual offences within their catchment area increased 10-fold between 1997 and 2006. In the current edition of Deutsches Arzteblatt International, Burkhard Madea and Frank Musshoff present the modes of action and the detection windows for the most frequent substances (Dtsch Arztebl Int 2009; 106 (20): 341-347).
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Ohio Supreme Court Restricts Mifepristone Use In State To Scope Of FDA's Approval Letter

In answering two certified questions from the U.S. Court of Appeals for the 6th Circuit, the Ohio State Supreme Court on July 1 declared that a state law regulating the use of mifepristone -- which is used in medication abortion -- bars physicians from prescribing it for off-label use, BNA reports. The court confirmed that doctors who use the drug to induce abortion must do so in compliance with the 49-day gestational limit included in FDA"s 2000 drug approval letter. Doctors also must prescribe the drug in accordance with the protocols and dosage indications included in its FDA-approved labeling.Interpretation of State Law in ContentionThe Ohio General Assembly in 2004 passed a law (Section 2919.123 (A)) that required any health care professional prescribing or dispensing mifepristone to comply with "all provisions of federal law that govern the use" of the drug. The law defines "federal law" as "any law, rule or regulation of the United States or any drug approval letter" from FDA "that governs or regulates the use of" mifepristone for inducing abortion. FDA"s approval letter states that the drug "is indicated for use in the termination of pregnancy (through 49 days" pregnancy) and has no other approved indication for use during pregnancy." In addition, the drug"s label states the recommended dosage and that its use requires three office visits by the patient. Planned Parenthood Southwest Ohio Region challenged the law in district court, arguing that neither FDA"s approval letter nor any other federal provision bans the off-label use of mifespristone to induce abortion beyond 49 days" gestation. The group also argued that the state law was unconstitutionally vague because it did not notify abortion providers in advance regarding which FDA documents were included in the state"s criminal law. In addition, Planned Parenthood said that prohibiting the evidence-based use of the drug would infringe on the rights of women, requiring them to take higher-than-necessary dosages of the drug or to undergo surgical abortions when a noninvasive alternative is available. The district court ruled in favor of Planned Parenthood, saying that the law was void because of vagueness. The state appealed the decision to the 6th Circuit, which then submitted two questions to the state Supreme Court seeking its interpretation of the law.The state Supreme Court ruled that FDA"s drug approval letter is included in the definition of "federal law" and that the state law is not ambiguous, according to BNA. The court said that because the drug approval letter incorporated FDA"s labeling text, Ohio physicians cannot prescribe or provide mifepristone to induce abortion outside of the stipulations of the drug approval letter and approved label. According to BNA, product liability law experts say the ruling will not have an impact outside of mifepristone or the state of Ohio.Case Returns to Appeals CourtRoger Evans of Planned Parenthood Federation of America said that he is not sure if the court"s decision helps or hurts the group"s case. Evans said that the district court declared the law unconstitutional based on an interpretation that the statute operates in the same way the state Supreme Court ruled it does. He noted that there are other possible interpretations of the law that would have solved the constitutional issues at the center of the litigation. However, because those issues were not resolved, the case now returns to the 6th Circuit, which will decide if the statute is constitutional based on the state Supreme Court"s interpretation. If the circuit court agrees with the district court that the statute is unconstitutionally vague, the state of Ohio could seek a U.S. Supreme Court review. If the circuit court finds that the statute is constitutional, the case likely will be sent back to the district court for resolution of some other issues in the case, according to BNA (BNA, 7/6). Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women"s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women"s Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company. © 2009 The Advisory Board Company. All rights reserved.


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