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Monday, December 10, 2012

Haynes: Medicaid case managers threatened, and more bumps ahead, but state beginning to see advantages of new system

By Al Cross
Kentucky Health News

Some Medicaid case managers' lives have been threatened because they have tried to get Medicaid patients to go to primary-care doctors instead of emergency rooms, Health and Family Services Secretary Audrey Haynes said today.

Haynes, right, and two key legislators talked about managed care, the possible expansion of Medicaid under federal health-care reform, and the insurance exchange being set up under the law, at the Kentucky Chamber of Commerce's annual policy conference in Lexington.

The case managers work for insurance companies that oversee Medicaid under contracts with the state. Haynes said the cases of threats have been reported to police.

One key to making managed care work is more prevention, Haynes said, but "People want to go to the emergency room." She mentioned one case of a Medicaid recipient who had gone to emergency rooms 57 times in 30 days.  Under federal law, hospital emergency rooms generally cannot refuse to treat patients who present themselves.

"They will abuse the emergency room because that is the system they know," said Republican Sen. Tom Buford of Nicholasville, chairman of the Senate Banking and Insurance Committee.

Haynes said, "Our people are getting sicker, especially folks on Medicaid, and we can't allow people to use high-intensity . . . high-cost services."

Haynes, an appointee of Democratic Gov. Steve Beshear, and her cabinet have come under fire for not putting more pressure on managed-care companies to make timely payments to hospitals, doctors and other providers. She was not asked about that, but alluded to it: "There have been lots of bumps in the road, and some of them may continue."

But she said the state is only beginning to see what can be gained from the new system, which is supposed to save hundreds of millions of dollars. "We were one of the last states to look at managed care," she noted.

Buford said "I don't disagree with anything she has said," but said the Beshear administration rushed into managed care. "I don't think there's much we can do. We are in this lady's hands on this issue and we'd better support her."

Buford predicted that Beshear would try to expand the Medicaid program to households earning up to 138 percent of the poverty level, a key part of the federal reforms but one the Supreme Court said must be optional for states, not mandatory.

"It will be difficult for him to say no to the expansion of the Medicaid rolls," which the federal government would entirely cover in the first two years, Buford said. That would be reduced to 90 percent by 2020, but Buford predicted that the federal government will ask the states ot accept less because it won't have the money.

Haynes said Beshear would like to expand Medicaid, and a "deep-dive economic analysis" is being done now, with the help of the federal Department for Health and Human Services, to establish the financial parameters. "We probably won't know for several months because we're still getting a lot of guidance from HHS," she said.

Haynes said expanding Medcaid would bring $10 billion to $12 billion to the state, having a significant economic impact, and the managed-care companies came to the state expecting the expansion.

She said HHS is calling the state's effort to set up the insurance exchange, a marketplace for health coverage, a model for other states.

However, Buford said the Senate, which has 24 Republicans and 14 Democrats, in a state that voted against President Obama by a similar margin, will probably allow Beshear to re-issue the excutive order creating the exchange rather than adopting it into law. "That would be impossible to make it through the state Senate in the next two years," he said.

Buford said he favors a federal exchange as "the best bang for your buck on premium costs," but said the state is too far into its own exchange to do that now. However, when the grant funds being used to create it run out, "I don't know what this exchange will be," he said, indicating that the legislature would not authorize the fees on insurance companies that the exchange plans to levy to finance its operations.

Buford made many criticisms of the reform law, but Rep. Susan Westrom, chair of the House Health and Welfare Committee, asked, "If this is such a horrible thing," how would it be passed by Congress and "upheld by the Supreme Court?"
By Al Cross
Kentucky Health News

Some Medicaid case managers' lives have been threatened because they have tried to get Medicaid patients to go to primary-care doctors instead of emergency rooms, Health and Family Services Secretary Audrey Haynes said today.

Haynes, right, and two key legislators talked about managed care, the possible expansion of Medicaid under federal health-care reform, and the insurance exchange being set up under the law, at the Kentucky Chamber of Commerce's annual policy conference in Lexington.

The case managers work for insurance companies that oversee Medicaid under contracts with the state. Haynes said the cases of threats have been reported to police.

One key to making managed care work is more prevention, Haynes said, but "People want to go to the emergency room." She mentioned one case of a Medicaid recipient who had gone to emergency rooms 57 times in 30 days.  Under federal law, hospital emergency rooms generally cannot refuse to treat patients who present themselves.

"They will abuse the emergency room because that is the system they know," said Republican Sen. Tom Buford of Nicholasville, chairman of the Senate Banking and Insurance Committee.

Haynes said, "Our people are getting sicker, especially folks on Medicaid, and we can't allow people to use high-intensity . . . high-cost services."

Haynes, an appointee of Democratic Gov. Steve Beshear, and her cabinet have come under fire for not putting more pressure on managed-care companies to make timely payments to hospitals, doctors and other providers. She was not asked about that, but alluded to it: "There have been lots of bumps in the road, and some of them may continue."

But she said the state is only beginning to see what can be gained from the new system, which is supposed to save hundreds of millions of dollars. "We were one of the last states to look at managed care," she noted.

Buford said "I don't disagree with anything she has said," but said the Beshear administration rushed into managed care. "I don't think there's much we can do. We are in this lady's hands on this issue and we'd better support her."

Buford predicted that Beshear would try to expand the Medicaid program to households earning up to 138 percent of the poverty level, a key part of the federal reforms but one the Supreme Court said must be optional for states, not mandatory.

"It will be difficult for him to say no to the expansion of the Medicaid rolls," which the federal government would entirely cover in the first two years, Buford said. That would be reduced to 90 percent by 2020, but Buford predicted that the federal government will ask the states ot accept less because it won't have the money.

Haynes said Beshear would like to expand Medicaid, and a "deep-dive economic analysis" is being done now, with the help of the federal Department for Health and Human Services, to establish the financial parameters. "We probably won't know for several months because we're still getting a lot of guidance from HHS," she said.

Haynes said expanding Medcaid would bring $10 billion to $12 billion to the state, having a significant economic impact, and the managed-care companies came to the state expecting the expansion.

She said HHS is calling the state's effort to set up the insurance exchange, a marketplace for health coverage, a model for other states.

However, Buford said the Senate, which has 24 Republicans and 14 Democrats, in a state that voted against President Obama by a similar margin, will probably allow Beshear to re-issue the excutive order creating the exchange rather than adopting it into law. "That would be impossible to make it through the state Senate in the next two years," he said.

Buford said he favors a federal exchange as "the best bang for your buck on premium costs," but said the state is too far into its own exchange to do that now. However, when the grant funds being used to create it run out, "I don't know what this exchange will be," he said, indicating that the legislature would not authorize the fees on insurance companies that the exchange plans to levy to finance its operations.

Buford made many criticisms of the reform law, but Rep. Susan Westrom, chair of the House Health and Welfare Committee, asked, "If this is such a horrible thing," how would it be passed by Congress and "upheld by the Supreme Court?"
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Colorful fruits and vegetables linked to lower breast cancer risk

Come to find out, pink isn't the most important color when it comes to breast cancer. According to researchers in the Journal of the National Cancer Institute, women loading up on carotenoids, the  micro-nutrients found in red, yellow and deeply colored fruits and vegetables such as carrots, sweet potatoes spinach and kale, showed lower rates of breast cancer than those who didn’t eat as many of them.

Alexandra Sifferlin at Healthland Time magazine explains that Dr. Heather Eliassen, an assistant professor of medicine at Harvard Medical School, led an analysis of data collected in various studies about the carotenoids and their effect on blood and breast cancer rates. The studies included 3,000 participants and nearly 4,000 controls. Women with carotenoid levels in the the top 20 percent of measured ranges had a 15-20 percent reduced risk of breast cancer compared to those with carotenoid levels in the lowest category. “It looks like it is a linear relationship,” says Eliassen. ”The higher you go, the [lower] your risk is."

Why carotenoids work against breast cancer isn't clear. They may metabolize into retinol, which regulates cell growth. Or they may improve cell communication and enhance immune system function. Eliassen urged caution. Other research carotenoids, in the form of beta-carotene supplements, are linked to an increased risk for lung cancer. (Read more

The Kentucky Fruit and Vegetable Conference will be held Jan. 7-8 at the Embassy Suites in Lexington. Deadline for preregistration is Dec. 19. The block of rooms for the conference will be held until Jan. 4. Program and registration information are available here or through John Strang at (859) 257-5685 or jstrang@uky.edu, or Tim Coolong at (859) 257-3374 or timcoolong@uky.edu.
Come to find out, pink isn't the most important color when it comes to breast cancer. According to researchers in the Journal of the National Cancer Institute, women loading up on carotenoids, the  micro-nutrients found in red, yellow and deeply colored fruits and vegetables such as carrots, sweet potatoes spinach and kale, showed lower rates of breast cancer than those who didn’t eat as many of them.

Alexandra Sifferlin at Healthland Time magazine explains that Dr. Heather Eliassen, an assistant professor of medicine at Harvard Medical School, led an analysis of data collected in various studies about the carotenoids and their effect on blood and breast cancer rates. The studies included 3,000 participants and nearly 4,000 controls. Women with carotenoid levels in the the top 20 percent of measured ranges had a 15-20 percent reduced risk of breast cancer compared to those with carotenoid levels in the lowest category. “It looks like it is a linear relationship,” says Eliassen. ”The higher you go, the [lower] your risk is."

Why carotenoids work against breast cancer isn't clear. They may metabolize into retinol, which regulates cell growth. Or they may improve cell communication and enhance immune system function. Eliassen urged caution. Other research carotenoids, in the form of beta-carotene supplements, are linked to an increased risk for lung cancer. (Read more

The Kentucky Fruit and Vegetable Conference will be held Jan. 7-8 at the Embassy Suites in Lexington. Deadline for preregistration is Dec. 19. The block of rooms for the conference will be held until Jan. 4. Program and registration information are available here or through John Strang at (859) 257-5685 or jstrang@uky.edu, or Tim Coolong at (859) 257-3374 or timcoolong@uky.edu.
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UK team gets $1.5 million NIH grant to continue success with cell-level study of Alzheimer's disease factor

University of Kentucky researchers have provided the first direct evidence that activated astrocytes could play a harmful role in Alzheimer's disease.

A UK news release explains, "The astrocyte is a very abundant non-neuronal cell type that performs absolutely critical functions for maintaining healthy nervous tissue. However, in neurodegenerative diseases, like Alzheimer’s disease, many astrocytes exhibit clear physical changes often referred to as 'astrocyte activation.' The appearance of activated astrocytes at very early stages of Alzheimer's has led to the idea that astrocytes contribute to the emergence and/or maintenance of other pathological markers of the disease."

UK researchers gave mice gene therapy at a very young age and assessed them 10 months later. The astrocyte activation improved brain function and preserved cognitive function. The research, published recently in the Journal of Neuroscience, has led to a five-year, $1.5 million National Institutes of Health funding grant to the researchers and the UK Sanders-Brown Center on Aging to further this line of study. Chris Norris, an associate professor in the UK College of Medicine Department of Molecular and Biomedical Pharmacology, is the senior author of the study. (Read more)
 
University of Kentucky researchers have provided the first direct evidence that activated astrocytes could play a harmful role in Alzheimer's disease.

A UK news release explains, "The astrocyte is a very abundant non-neuronal cell type that performs absolutely critical functions for maintaining healthy nervous tissue. However, in neurodegenerative diseases, like Alzheimer’s disease, many astrocytes exhibit clear physical changes often referred to as 'astrocyte activation.' The appearance of activated astrocytes at very early stages of Alzheimer's has led to the idea that astrocytes contribute to the emergence and/or maintenance of other pathological markers of the disease."

UK researchers gave mice gene therapy at a very young age and assessed them 10 months later. The astrocyte activation improved brain function and preserved cognitive function. The research, published recently in the Journal of Neuroscience, has led to a five-year, $1.5 million National Institutes of Health funding grant to the researchers and the UK Sanders-Brown Center on Aging to further this line of study. Chris Norris, an associate professor in the UK College of Medicine Department of Molecular and Biomedical Pharmacology, is the senior author of the study. (Read more)
 
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Hey, fans! Lower your voice and protect your ears; your hearing might be at stake

Ray Hull (Wichita State Univ. photo)
December is the cruelest month, basketball fans -- in more ways than one. Witness this news out of Kansas.  Yes, Kansas: Loud basketball games can often generate deafening noise that result in real hearing loss. So says Wichita State University audiologist Ray Hull, who found that gymnasiums and arenas are built like reverberating echo chambers that can wreak havoc on ears by amplifying noise to dangerous levels.

Hull says the intensity level at some basketball games -- even at middle and high school games -- can reach 115 decibels. "We can stand that noise without permanent damage to our hearing for approximately seven and half minutes," he explained. "Those who are most susceptible to damage to their hearing are those who are sitting, for example, near the pep band or, of course for those in the pep band, because intensity levels can reach 125 to 130 decibels. At that intensity level, you are susceptible to permanent damage to your hearing after about a minute and a half of exposure."

Noise-reducing plugs, available in most grocery or sporting goods stores, would provide the protection necessary to prevent this kind of injury. (Read more)
Ray Hull (Wichita State Univ. photo)
December is the cruelest month, basketball fans -- in more ways than one. Witness this news out of Kansas.  Yes, Kansas: Loud basketball games can often generate deafening noise that result in real hearing loss. So says Wichita State University audiologist Ray Hull, who found that gymnasiums and arenas are built like reverberating echo chambers that can wreak havoc on ears by amplifying noise to dangerous levels.

Hull says the intensity level at some basketball games -- even at middle and high school games -- can reach 115 decibels. "We can stand that noise without permanent damage to our hearing for approximately seven and half minutes," he explained. "Those who are most susceptible to damage to their hearing are those who are sitting, for example, near the pep band or, of course for those in the pep band, because intensity levels can reach 125 to 130 decibels. At that intensity level, you are susceptible to permanent damage to your hearing after about a minute and a half of exposure."

Noise-reducing plugs, available in most grocery or sporting goods stores, would provide the protection necessary to prevent this kind of injury. (Read more)
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Rural Obesity Prevention Tool Kit created to tackle epidemic: 40 percent of rural adults in U.S. are obese

When the Journal of Rural Health recently reported that 40 percent of adults living in rural areas are obese, compared with 33 percent of adults living in urban areas, the size of the disparity was larger than expected and previously estimated. In response to the severity and urgency of the obesity epidemic, the Rural Assistance Center of the U.S. Department of Health and Human Services has created a Rural Obesity Prevention tool kit which contains resources to help communities develop obesity prevention programs. (Read more)
When the Journal of Rural Health recently reported that 40 percent of adults living in rural areas are obese, compared with 33 percent of adults living in urban areas, the size of the disparity was larger than expected and previously estimated. In response to the severity and urgency of the obesity epidemic, the Rural Assistance Center of the U.S. Department of Health and Human Services has created a Rural Obesity Prevention tool kit which contains resources to help communities develop obesity prevention programs. (Read more)
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Renal secondary hyperparathyroidism in cats

Finch NC, Syme HM and Elliott J. Parathyroid hormone concentration in geriatric cats with various degrees of renal function. J Am Vet Med Assoc. 2012; 241: 1326-35.
 
Chronic kidney disease (CKD) in cats is commonly associated with an increase in plasma parathyroid hormone (PTH) and is known as renal secondary hyperparathyroidism. PTH is a primary regulator of calcium and phosphorus homeostasis. PTH secretion is stimulated when parathyroid gland calcium-sensing receptors detect a low ionized calcium plasma concentration. Cats with CKD have decreased glomerular filtration rate resulting in phosphate retention. Retained phosphate complexes with ionized calcium leading to reduction in ionized calcium concentration and an increase in PTH. The prevalence of hyperparathyroidism in cats with CKD has previously been reported to be as high as 84%. PTH is regarded as a uremic toxin and elevated levels are suggested to contribute to renal damage and increase morbidity and mortality. Clinical consequences of increased PTH concentration include renal osteodystrophy, soft tissue calcification, glucose and lipid metabolic disturbances, contribution to immunosuppression and anemia, and neurologic and cardiovascular dysfunction. Therefore, recognition of the stage of CKD at which plasma PTH concentrations increase and management of renal secondary hyperparathyroidism is important in cats.
 
The authors of this paper enrolled 118 clinically normal geriatric cats (over 9 years) with various degrees of renal disease. Cats were monitored for 12 months after which time they were categorized into 1 of 3 groups. Group 1 cats were basically non-azotemic with adequate urine concentrating ability, group 2 cats were mildly azotemic (creatinine between 1.6-2 mg/dL, or creatinine > 2.0 mg/dL with USG > 1.035), and group 3 cats were azotemic (creatinine > 2.0 mg/dL with USG < 1.035). This study revealed that plasma PTH concentration could increase in non-azotemic cats that subsequently developed azotemia, compared with cats remaining non-azotemic, in the absence of concurrent hypocalcemia or hyperphosphatemia. Traditionally, the pathophysiologic mechanism for the development of renal secondary hyperparathyroidism in cats with CKD was thought to only involve disturbances in calcium and phosphate homeostasis. Therefore, this study suggests other factors are involved in the development of renal secondary hyperparathyroidism. Other factors discussed included age, decreased ionized calcium rather than total calcium concentrations, hypomagnesemia, decreased expression of calcium-sensing receptors, and increased fibroblast growth factor-23 concentration. A positive correlation was noted between increased PTH and calcitriol concentrations, but the role of calcitriol in the development of renal secondary hyperparathyroidism in cats remains unclear. [GO]

See also: Kidder AC and Chew D. Treatment options for hyperphosphatemia in feline CKD: What's out there? Journal of Feline Medicine & Surgery. 2009; 11: 913-24.

Related blog articles:
Survival of cats with kidney disease (September 2008)
Predictors of feline kidney disease (August 2009)
Improving treatment of feline kidney disease; 2012 Winn grant (May 2012)

More on cat health:
Winn Feline Foundation Library
Find us on Facebook
Follow us on Twitter
Join us on Google+



Finch NC, Syme HM and Elliott J. Parathyroid hormone concentration in geriatric cats with various degrees of renal function. J Am Vet Med Assoc. 2012; 241: 1326-35.
 
Chronic kidney disease (CKD) in cats is commonly associated with an increase in plasma parathyroid hormone (PTH) and is known as renal secondary hyperparathyroidism. PTH is a primary regulator of calcium and phosphorus homeostasis. PTH secretion is stimulated when parathyroid gland calcium-sensing receptors detect a low ionized calcium plasma concentration. Cats with CKD have decreased glomerular filtration rate resulting in phosphate retention. Retained phosphate complexes with ionized calcium leading to reduction in ionized calcium concentration and an increase in PTH. The prevalence of hyperparathyroidism in cats with CKD has previously been reported to be as high as 84%. PTH is regarded as a uremic toxin and elevated levels are suggested to contribute to renal damage and increase morbidity and mortality. Clinical consequences of increased PTH concentration include renal osteodystrophy, soft tissue calcification, glucose and lipid metabolic disturbances, contribution to immunosuppression and anemia, and neurologic and cardiovascular dysfunction. Therefore, recognition of the stage of CKD at which plasma PTH concentrations increase and management of renal secondary hyperparathyroidism is important in cats.
 
The authors of this paper enrolled 118 clinically normal geriatric cats (over 9 years) with various degrees of renal disease. Cats were monitored for 12 months after which time they were categorized into 1 of 3 groups. Group 1 cats were basically non-azotemic with adequate urine concentrating ability, group 2 cats were mildly azotemic (creatinine between 1.6-2 mg/dL, or creatinine > 2.0 mg/dL with USG > 1.035), and group 3 cats were azotemic (creatinine > 2.0 mg/dL with USG < 1.035). This study revealed that plasma PTH concentration could increase in non-azotemic cats that subsequently developed azotemia, compared with cats remaining non-azotemic, in the absence of concurrent hypocalcemia or hyperphosphatemia. Traditionally, the pathophysiologic mechanism for the development of renal secondary hyperparathyroidism in cats with CKD was thought to only involve disturbances in calcium and phosphate homeostasis. Therefore, this study suggests other factors are involved in the development of renal secondary hyperparathyroidism. Other factors discussed included age, decreased ionized calcium rather than total calcium concentrations, hypomagnesemia, decreased expression of calcium-sensing receptors, and increased fibroblast growth factor-23 concentration. A positive correlation was noted between increased PTH and calcitriol concentrations, but the role of calcitriol in the development of renal secondary hyperparathyroidism in cats remains unclear. [GO]

See also: Kidder AC and Chew D. Treatment options for hyperphosphatemia in feline CKD: What's out there? Journal of Feline Medicine & Surgery. 2009; 11: 913-24.

Related blog articles:
Survival of cats with kidney disease (September 2008)
Predictors of feline kidney disease (August 2009)
Improving treatment of feline kidney disease; 2012 Winn grant (May 2012)

More on cat health:
Winn Feline Foundation Library
Find us on Facebook
Follow us on Twitter
Join us on Google+



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Friday, December 7, 2012

Court of Appeals panel rules 2-1 that county boards of health can pass smoking bans; appeal in Bullitt County case seems likely

By Al Cross
Kentucky Health News

In Kentucky's first appellate-court ruling on the issue, the state Court of Appeals today upheld the Bullitt County Board of Health's smoking ban, which is virtually the same as others enacted by several other county health boards. However, the panel's 2-1 vote and the strength of the dissent suggests that the ruling will be appealed to the state Supreme Court.

UPDATE, Dec. 19: The county Fiscal Court voted Dec. 18 to appeal, Tom O'Neill of The Courier-Journal reports.

Health boards in Clark, Hopkins, Madison and Woodford counties have enacted smoking bans. The Hopkins County ban was upheld by the local circuit judge, whose ruling was not appealed. (Courier-Journal video story on smoking in Bullitt County bars)


In Bullitt County, the fiscal court and eight towns sued to stop the ban four days before it was to take effect last year. Bullitt Circuit Judge Rodney Burress ruled that the board lacked authority to ban smoking in public places, but the appeals court said the General Assembly had clearly given county health boards the power to impose regulations protecting public health, that secondhand smoke is a public-health issue, and that the board's regulation is reasonable, because it is virtually the same as an ordinance upheld in Lexington.

The majority cited regulations that the Jefferson County Board of Health had enacted in the 1970s to prevent lead poisoning, and cited other court decisions saying that courts should construe public-health laws liberally. The local governments argued that the Bullitt health board has usurped legislative  power held only by them, but the 2-1 majority said the state legislature had granted the board that authority in public-health matters.

Judge Jeff Taylor of Owensboro dissented, writing that the law cited by the majority and the board was passed 58 years ago. "I harbor grave doubt that the General Assembly intended to empower health departments at that time with the authority to regulate smoking as a threat to public health," he wrote. "In 1954, second-hand smoke was not a known public health issue." He said the legislature had specifically authorized the Jefferson County lead program, and the Lexington ban was passed by the local council, not the Fayette County Board of Health.

Taylor noted that the Bullitt board had relied on "national and international studies on the effects of secondhand smoke," with no local studies showing "smoking presents a threat to the health of the citizens of Bullitt County." And even if the board had such studies, he wrote, other state laws "reserve to cities and counties the authority to regulate smoking and secondhand smoke in their respective jurisdictions." The laws he cited do not appear to do that, but he argued that allowing health boards to enact smoking bans, he said, would give them "limitless" power to regulate guns, alcohol, sales of large-size soft drinks or "the number of cheeseburgers sold by fast-food restaurants."

Taylor wrote, "To the extent the cities and county, and their elected officials have failed to address a perceived serious public health issue, the citizens of Bullitt County have an easy method to remedy the problem – the ballot box," Taylor wrote. "Or, in the alternative, the Kentucky General Assembly can expressly authorize health boards to regulate smoking in each county." To read the seven-page majority opinion and the eight-page dissent, click here.
By Al Cross
Kentucky Health News

In Kentucky's first appellate-court ruling on the issue, the state Court of Appeals today upheld the Bullitt County Board of Health's smoking ban, which is virtually the same as others enacted by several other county health boards. However, the panel's 2-1 vote and the strength of the dissent suggests that the ruling will be appealed to the state Supreme Court.

UPDATE, Dec. 19: The county Fiscal Court voted Dec. 18 to appeal, Tom O'Neill of The Courier-Journal reports.

Health boards in Clark, Hopkins, Madison and Woodford counties have enacted smoking bans. The Hopkins County ban was upheld by the local circuit judge, whose ruling was not appealed. (Courier-Journal video story on smoking in Bullitt County bars)


In Bullitt County, the fiscal court and eight towns sued to stop the ban four days before it was to take effect last year. Bullitt Circuit Judge Rodney Burress ruled that the board lacked authority to ban smoking in public places, but the appeals court said the General Assembly had clearly given county health boards the power to impose regulations protecting public health, that secondhand smoke is a public-health issue, and that the board's regulation is reasonable, because it is virtually the same as an ordinance upheld in Lexington.

The majority cited regulations that the Jefferson County Board of Health had enacted in the 1970s to prevent lead poisoning, and cited other court decisions saying that courts should construe public-health laws liberally. The local governments argued that the Bullitt health board has usurped legislative  power held only by them, but the 2-1 majority said the state legislature had granted the board that authority in public-health matters.

Judge Jeff Taylor of Owensboro dissented, writing that the law cited by the majority and the board was passed 58 years ago. "I harbor grave doubt that the General Assembly intended to empower health departments at that time with the authority to regulate smoking as a threat to public health," he wrote. "In 1954, second-hand smoke was not a known public health issue." He said the legislature had specifically authorized the Jefferson County lead program, and the Lexington ban was passed by the local council, not the Fayette County Board of Health.

Taylor noted that the Bullitt board had relied on "national and international studies on the effects of secondhand smoke," with no local studies showing "smoking presents a threat to the health of the citizens of Bullitt County." And even if the board had such studies, he wrote, other state laws "reserve to cities and counties the authority to regulate smoking and secondhand smoke in their respective jurisdictions." The laws he cited do not appear to do that, but he argued that allowing health boards to enact smoking bans, he said, would give them "limitless" power to regulate guns, alcohol, sales of large-size soft drinks or "the number of cheeseburgers sold by fast-food restaurants."

Taylor wrote, "To the extent the cities and county, and their elected officials have failed to address a perceived serious public health issue, the citizens of Bullitt County have an easy method to remedy the problem – the ballot box," Taylor wrote. "Or, in the alternative, the Kentucky General Assembly can expressly authorize health boards to regulate smoking in each county." To read the seven-page majority opinion and the eight-page dissent, click here.
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