COFA Migrants in Hawaii: Real Life Challenges Sheldon Riklon, MD Assistant Professor, JABSOM Chair, MHAC PIHOA Meeting – Honolulu August 7, 2015
COFA Migrants in Hawaii: Real Life Challenges
Sheldon Riklon, MDAssistant Professor, JABSOM
Chair, MHAC
PIHOA Meeting – HonoluluAugust 7, 2015
Outline
1. Discuss health challenges for COFA migrants
2. Discuss Compact Impacts
3. Discuss On-going COFA Community Organization, Collaboration & Outreach Activities
Very Brief History
Under colonial rule for 400 yrs (spain, Germany)
Japanese rule since 1914
US rule in 1944-5 after in some of the fiercest battles of World War II
US set up a military base in Marshall Islands and began US Nuclear Weapons Testing Program (1946-58)
Became TTPI ( Trust Territory of the Pacific Islands) as “Strategic Trust of US” under UN Security Council 1947
Compact of Free Association
1977 offered political self –determination to Northern Marianas, Marshalls, Palau, Chuuk, Kosrae, Pohnpei, Yap
Net effect:
1. Commonwealth of the Northern Marianas (CNMI) 1978
2. Freely Associated States/COFA 1979-1986:
Republic of the Marshall Islands (RMI) Republic of Palau (ROP) Federated States of Micronesia (FSM)
Compact of Free Association
US Perpetual strategic denial US strategic denial over water, land,
airspace US may operate armed forces in Compact
nations, may negotiate for land to operate bases, may exclude the militaries of other nations from the region
Affords COFA citizens broad migration rights right to reside and work in US no visa or labor certification no limitations of stay
Compact of Free Association
Initially classified as “qualified aliens” Permanent Residence Under Color of Law
(PRUCOL) considered legal residents in the US under
administrative discretion Changed to “non qualified aliens”
1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA)
COFA migrants ineligible for fed public assistance
Hawaii continued to provide Medicaid-like benefits to COFA residents using only State funds
Basic Health Hawaii - 2010
State’s plan to save $15 million (other sources: up to $27 million/yr) in healthcare costs
Approach:
12 Outpatient visits/10 Inpatient visits
5 generic medication prescriptions/month
(cut to 4 prescriptions/month in 2010 version)
No dental, except for emergencies
No chemotherapy; no dialysis
Became effective July 1, 2010
COFA Migrants/LEJ Response
On August 23, 2010, filed case in Federal court alleging claims for violations of the Equal Protection Clause and the ADA
On September 13, 2010, filed a Motion for Preliminary Injunction
On December 13, 2010, Motion for Preliminary Injunction went into effect by Fed Judge Seabright
State of Hawaii appealed the decision of Judge Seabright in the 9th Circuit Court 2012
9th U.S. Circuit Court of Appeals Decision (April 2014)
Hawaii has no constitutional obligation to fill a gap left in 1996 when Congress cut health care funding for migrants under the Compact of Free Association
A three-member panel of the 9th U.S. Circuit Court of Appeals — with one judge dissenting — ruled in favor of the state, vacating a District Court injunction that had prevented the state from reducing health coverage
US Supreme Court
Plaintiffs appealed to the U.S. Supreme Court
On November 3, 2014, the Supreme Court declined to hear the case ending the plaintiffs’ appeal of the Ninth Circuit decision.
The Ninth Circuit subsequently vacated the injunction, which had the practical effect of requiring the State to immediately comply with the BHH rules.
Affordable Care Act
In 2010, Congress passed the Affordable Care Act
Under ACA, COFA residents and other lawfully present noncitizens are eligible to purchase health insurance through the State’s health insurance exchange, called the Hawaii Health Connector (the Connector).
Community Organization
Meeting with DHS Director & HHC
Weekly Conference calls with DHS, HHC, Providers, Community
Several COFA KOKUA with Hawaii Health Connector
Collaboration with HMSA & Kaiser
Letter to Governor Ige
Community Organization
Legislative Approaches
HB1239 SB1327 HR854 -- Compact-Impact Aid Act of 2015
(Rep Takai) “COFA Task Force” – Sen Chun-Oakland/Rep
Morikawa Compact Impact issues in Hawaii
Focus on health, housing, jobs, and homelessness
Community Organizations
Nations of Micronesia (NOM)
Micronesian Health Advisory Coalition (MHAC)
Interpreter Committee
All Mike Committee
COFA Community Action Network ( COFA CAN)
Micronesian Community Network (MCN)
Micronesian United (MU)
We Are Oceania (WAO)
RMI & FSM Consulate Offices - Honolulu
Community Information Sessions
Organize by COFA community leaders/organization/friends
Story gathering, informational, guidance, updates, connection
4 events
Waipahu Intermediate School (3/19/15) Towers of Kuhio Park (3/20/15) Palolo Housing (4/2/15) St. Elizabeth Episcopal Church (4/11/15)
Worried and Afraid Can’t pay, health is getting worse
“I stopped seeing the doctor because I’m afraid of the bill, I am afraid I won't be able to afford to pay for diabetes medication. My health is getting worse.”
– A 57-year-old woman with diabetes and
high blood pressure16
Worried and Afraid “Now I'm worried I can't afford co-pay, which I don't
understand in the first place. I work part time and my wife works full time but all our money goes to rent and our kids. If I get sick I'm afraid I can't see the doctor for fear I can't afford it.
– A 52 year old man who was previously covered by QUEST
17
“I am very confused about (my) plan, I signed up but didn't really understand. Got letter… but I don’t know what it means. I’m worried I can’t pay”
- 62 year old man who recently fell and hurt his leg
Confused
“Provider couldn't find my insurance, I still don't have medications, told me it will cost $400 for meds. Long's called but when I arrived they sent me away again. [This is] very difficult, complicated, and confusing. ”
- Woman who described her health as poor with thyroid issues, diabetes, hypertension and is suppose to have knee surgery
Confused
Health Challenges Lack of trained/certified translators
Lack of understanding of the health care system
Lack of understanding of insurance programs
Lack of understanding of Providers about COFA patients
Confusion with the rapid on-going changes with COFA eligibility for insurance programs
Quest BHH HHC ??? (desolution of HHC)
? Wrong plan ? Co-pays ? No meds ? No visit
Premium increase (49% HMSA)
Housing Challenges
Lack of trained/certified translators
Misunderstanding/miscommunication
Lack of understanding of the housing system
Conflicts with culture
Issues with discrimination/racial connotation/negative stereotype of COFA tenants with providers
Legal Challenges
Lack of trained/certified translators
Miscommunication
Misunderstanding
Code of Ethics
Lack of understanding of the legal system
Issues with discrimination/racial connotation/negative stereotype of COFA clients
“send a message to the Micronesian community” that such behavior “is not acceptable in the laws of
the United States and the State of Hawaii.”
Homelessness in Hawaii
Caucasian31%
Hawaiian30%
Marshallese6%
Micronesian10%
Other PI6%
Filipino5%
Other Asian4% Black
5%
Native American2%
Homeless Service Utilization State
Source: Homeless Service Utlization Report (2014)
Homelessness in Hawaii
White37%
Native Hawaiian22%
Other Multiple Race17%
Pacific Islander (including Micronesian)
10%
Asian5%
Black4%
Unknown3%
Amer Indian2%
Unsheltered Homeless Statewide
Source: Statewide Homeless Point-In-Time Counts (2014)
COFA Migrants in Hawaii
Reasons for Migration to Hawai‘i :
1. Health
2. Education
3. Employment/job opportunity
Pobutsky, et al. 2009
COMPACT IMPACT
Compact Impact on COFA nationsPoor health and education persistsEconomic development challengedLarge out migrationActual numbers unclear
Out migration to US 20,000 Micronesians to HI, Guam, CNMI4000 Marshallese Costa Mesa CA10,000 – 14,000 Marshallese in Arkansas
Ozark Islanders in NW Arkansas
Springdale Arkansas Population: 75,229 (2013)
By the 2012-2013 school year, white students were 40.6%, Marshallese 11.38% (= 2000 children), and Hispanics 43.7%
Tyson has 27 different factories in this area; It has 95%+ of the US market share on Cornish hens.
Factory processes 42 million/yr, 806,000/week, 100,000 per ten-hour shift. Tysons employs 3000 Marshallese,
George’s & Cargills another 1000+.
Butterball Turkeys employs primarily Yapese and Chuukese
Marshallese CHW @ UAMS, CHC, DOH; liaisons @ DOE
Impact of COFA Migrants
Poor health status of COFA migrants parallel poor health indicators in COFA nations
COFA migrants usually have significant disease burdens
Health, Housing, Education. Social Services, legal Services
Demographic Preparedness
Compact Impact Aid
Hawai‘i - estimated $90 million annually in uncompensated care from FAS Migrants
Federal COMPACT IMPACT Aid = 30 million annual divided Hawai‘i, CNMI, Guam
Hawai‘i’s share is 11.2 million
based on Census figures
Hawai‘i spent estimated 30 million annually on health care
Money not reimbursed by Fed due to 1996 PRWORA
Cost
What is the health cost?
$14-25 million annually 2010 report sent to US Insular Affairs re Compact
Impact cost– includes Quest costs US GAO could not audit– not verifiable Questions about who was included, how
measured, numerator and dominator issues Balance sheet and accounting?
pay taxes, how is this added to balance sheet 11 million / year HI – goes to Hospitals Federal match?