News Release

As Congress Considers Reauthorizing PEPFAR, A New Policy Watch Asks and Answers Fundamental Questions

Published: Mar 13, 2023

As Congress considers reauthorizing the President’s Emergency Plan for AIDS Relief (PEPFAR) for a fourth time, a new KFF Policy Watch details key facts about the program and top issues related to its authorization and funding. Created in 2003 as the U.S. government’s signature global health effort in the fight against HIV, PEPFAR is broadly regarded as one of the most successful programs in global health history, with the U.S. government reporting tens of millions of lives saved over the past 20 years. However, the reauthorization comes in a period of heightened debate over the federal budget in a divided Congress.

The Policy Watch asks and answers frequently asked, fundamental questions about PEPFAR’s reauthorization, including:

•    Will PEPFAR end without reauthorization?

•    Are there any provisions of the program that would end without reauthorization?

•    Is PEPFAR reauthorization required for the program to receive continued funding?

•    What are some issues to consider for PEPFAR’s future, and are these affected by reauthorization?

Read “PEPFAR Reauthorization 2023: Key Issues” and access a variety of resources about the program in our PEPFAR Policy Resource Hub

Legal Challenges to the FDA Approval of Medication Abortion Pills

Authors: Laurie Sobel, Alina Salganicoff, and Mabel Felix
Published: Mar 13, 2023

Key Findings

On June 13, 2024, the Supreme Court of the United States ruled in Alliance for Hippocratic Medicine (AHM) v. FDA that the AHM does not have standing to sue the FDA for injury. However, three state Attorneys’ Generals have intervened in this case in district court, and it is unclear how this action will shape the case when it goes back to the 5th Circuit Court of Appeals and then back to the originating federal district court.

Medication abortion has emerged as a major legal front in the battle over abortion access across the nation. Since the Supreme Court’s Dobbs ruling on June 24, 2022, four new cases have been filed in federal courts specifically regarding aspects of the FDA’s regulation of medication abortion. These challenges, some in the early stages, could affect the availability of abortion medications in the short and long term. At the heart of these cases is the FDA’s authority to approve drugs, whether courts can reverse the FDA’s decisions, and if states can impose additional restrictions beyond what the FDA requires. The case that has gotten the most attention recently is Alliance for Hippocratic Medicine (AHM) v. FDA, filed in November 2022, a challenge to the FDA’s decision to approve mifepristone, the first medication taken as part of the medication abortion drug regimen and to include misoprostol in the medication abortion regimen. The plaintiffs in this case contend the FDA did not act within its authority and that an 1873 anti-obscenity law, the Comstock Act, prohibits the mailing of any medication used for abortion.

The outcome of this case could have ramifications for access to medication abortion throughout the country, including in states where abortion is legal and protected. For the first time, the court is being asked to essentially overturn the approval of a drug, in this case one that has been safely used by more than 5.6 million people since it was approved in 2000 with a long record of safety and effectiveness. This issue brief focuses on the major claims in the AHM case, as a decision is expected soon, but many of the issues raised will also be relevant to the other abortion cases involving the FDA and its role in approving and regulating mifepristone.

Background on the FDA’s approval of Mifepristone

Mifepristone, often referred to as medication abortion pills, RU-486, or the abortion pill, was approved by the FDA over 20 years ago as a medication that can safely and effectively end pregnancy. A regimen of mifepristone, followed by misoprostol, a drug that is also used to treat ulcers, manage miscarriages, induce labor, and assist with IUD insertions, is an FDA approved protocol for abortion during the first 70 days, or up to 10 weeks, after the first day of the pregnant person’s last menstrual period. It is estimated that in 2020, medication abortions accounted for just over half of all abortions in the US. The drug regimen terminates pregnancies successfully 99.6% of the time, with a 0.4% risk of major complications, and an associated mortality rate of less than 0.001 percent (0.00064%). The FDA initially approved mifepristone with some conditions on who and how it can be dispensed in 2000, and over the years the FDA has amended these restrictions. (Appendix Table 1). The plaintiffs in the AHM case are challenging the FDA’s initial approval of mifepristone on procedural grounds, as well as the 2016, 2019 and 2021 changes to the drug’s safety program as being beyond the FDA’s authority.

Subpart H

When the FDA initially approved mifepristone, it did so under a provision called “Subpart H,” a set of regulations implemented to expedite the approval of “new drug products that have been studied for their safety and effectiveness in treating serious or life-threatening illnesses,” like those to used treat HIV. The FDA approval process for mifepristone, however, was not expedited, as it was approved more than four years after the original application was filed. In the case of mifepristone, Subpart H was originally used to restrict the dispensing to prescribers who agreed to dispense it in certain health care settings, by or under the supervision of a qualified physician who attested to the ability to accurately date pregnancies and diagnose ectopic pregnancies. The drug was not available for distribution at retail pharmacies.

Risk Evaluation and Mitigation Strategy

The FDA Amendments Act of 2007 (FDAAA) added a new section (Section 505-1) to the Federal Food, Drug, and Cosmetic Act (FFDCA) authorizing the FDA to require a Risk Evaluation and Mitigation Strategy (REMS) for a drug if the FDA deems it is necessary to ensure that the drug’s benefits outweigh its risks; it also revises the terminology for eligibility for the drug from treating a “serious or life threatening illness” to permitting the FDA to require a REMS for drugs intended to be used for a “disease or “condition.”

Congress also deemed all drugs with existing restricted-distribution programs (Section 909 of the FDAAA), including mifepristone, to require a REMS. Congress required sponsors of such “deemed” drugs to submit a proposed REMS to the FDA — which mifepristone’s sponsor did. The FDA approved the initial REMS for mifepristone in 2011, which required in-person dispensing by or under supervision of a certified physician, the dispensing of misoprostol at the provider’s office or clinic, and a follow-up visit 14 days later. In 2016, the FDA updated and approved a new evidence-based regimen and drug label for mifepristone. This updated regimen expanded the use of the mifepristone/misoprostol regimen from 49 days to up to 70 days (10 weeks) of pregnancy. In addition, the provider certification requirement was broadened from being limited to physicians only to include other advanced practice clinicians (e.g., nurse practitioners and physician assistants) who can meet the REMS requirements. The FDA approved the generic version of mifepristone in 2019 and issued a unified REMS for both the generic and the brand-name medication. In April 2021, the FDA decided to exercise enforcement discretion for the in-person dispensing requirement during the public health emergency. In December 2021, when the FDA rejected the plaintiffs’ citizen petition, the FDA removed the in-person dispensing requirement for mifepristone and expanded the distribution to include certified pharmacies in addition to certified clinicians. On January 3, 2023, the FDA updated the REMS approving the protocol for certification of pharmacies, allowing those that have been certified by the manufacturers to dispense mifepristone directly to patients (eliminating the requirement that it can only be dispensed directly to the patient by the certified provider).

In the case, Alliance for Hippocratic Medicine v. FDA, (filed November 18, 2022 in the US District Court for The Northern District of Texas Amarillo Division presided over by a Trump Administration appointed judge), the plaintiffs are challenging the FDA’s approval of mifepristone on many grounds. (Table 1) The plaintiffs are the Alliance for Hippocratic Medicine (a newly formed anti-abortion advocacy coalition); the American Association of Pro-Life Obstetricians and Gynecologists; the American College of Pediatricians; and the Christian Medical and Dental Associations, as well as three individual doctors (Shaun Jester, D.O., Regina Frost-Clark, M.D., Tyler Johnson, D.O., and George Delgado, M.D.)

As with any lawsuit, the plaintiffs first need to show they have legal standing by demonstrating they have an injury, and that they have filed this action within six years of the FDA’s action, the statute of limitations.

Do the plaintiffs have standing?

The plaintiffs, the Alliance for Hippocratic Medicine, the AAPLOG, the American College of Pediatricians and the Christian Medical & Dental Associations, contend that they have members in Texas and around the country who have treated and will continue to treat women and girls who have experienced a complication from medication abortion. In addition, the associations assert that they have suffered organizational harms from the FDA’s approval of mifepristone because they have spent time and resources to conduct their own studies and analysis, and to educate their members about the dangers of medication abortion. Anyone challenging the actions of a federal agency must demonstrate that they are within the “zone of interests” protected or regulated by the statute in question. The plaintiffs contend that they are within the FDCA’s zone of interests, meaning their interests are protected by the statute. The plaintiffs who are individual doctors are suing on their own behalf and on behalf of their patients, citing that the Supreme Court has held that medical providers have third-party standing to invoke the rights on their patients. Interestingly, in his dissenting opinion for June Medical Services v. Russo, Justice Alito called into question the precedent that allowed abortion providers to challenge abortion restrictions on behalf of their patients.

The Government argues that none of the plaintiffs have established an injury-in-fact or that they are within the “zones of interest,” which is necessary to establish standing. While the plaintiffs are not regulated by the FDA and do not prescribe mifepristone, the plaintiffs claim they will have to treat patients who suffer from complications from mifepristone and therefore have less time and resources to treat other patients. The Government argues this reasoning is speculative. Furthermore, they claim this approach to standing could open the door for any doctor to challenge the FDA’s approval of any drug that causes adverse events.

Have the plaintiffs filed this lawsuit within the statute of limitations?

There is a six-year statute of limitation to challenge any federal agency action. Anyone challenging an agency action is also required to exhaust their administrative remedies before initiating litigation seeking judicial review. FDA regulations specifically require challengers to file a “citizen petition” before any legal action can be filed in a court. In 2019 the plaintiffs filed a citizen petition asking the FDA to undo a 2016 revision of the REMS for mifepristone, which had changed the gestational limit for taking the drugs from 49 days to 70 days (10 weeks), expanded the provider certification requirement beyond physicians to include advance practice clinicians (e.g. nurse practitioners and physician assistants), and eliminated the requirements for in-person administration of misoprostol and for an in-person follow-up examination. The Government’s position is that the statute of limitations bars the plaintiffs from raising any issues not included in their 2019 citizen petition. This petition did not contest the underlying approval of mifepristone established in 2000. The plaintiffs maintain that the statute of limitations resets every time the FDA has modified the restrictions for mifepristone.

WHAT ARE THE PLAINTIFFS’ CLAIMS?

If the plaintiffs make it through these two hurdles, they are challenging the FDA’s approval and subsequent modifications of the dispensing requirements for mifepristone as being beyond the FDA’s authority based on the FFDCA statute. The plaintiffs are asking the court to find the FDA acted beyond its authority to initially approve mifepristone using Subpart H and that the FDA’s initial approval and subsequent actions to regulate mifepristone were not supported by sufficient evidence of safety and efficacy. The plaintiffs have cited their own studies to reach their conclusion that mifepristone is not safe. It is an unprecedented request to ask a court to block the FDA’s prior determination that a drug is safe and effective (Table 1).

Table 1: Summary of the Plaintiffs’ and the Government’s Positions

Alliance for Hippocratic Medicine v. FDA

Claim: FDA’s approval of mifepristone in 2000 violated the Administrative Procedures Act (APA) because the FDA Lacked the authority to use subpart H
Plaintiffs’ Position:
  • The FDA fast tracked the initial approval of mifepristone.
  • The use of Subpart H was not proper because pregnancy is not an illness.
Government’s Position:
  • FDA’s original approval of mifepristone, which occurred more than four years after the new drug application was submitted to the agency did not involve an ‘’accelerated review.”
  • The preamble to Sub-part H regulation makes clear that it was intended to be used for “conditions” as well as illnesses.
  • FDA extensively reviewed the scientific evidence and determined the benefits of mifepristone outweigh any risks.
  • FDA relied on Subpart H to place certain restrictions on the manufacturer’s distribution of the drug product to assure its safe use.
Claim: The FDA’s approval of and subsequent actions to regulate mifepristone were not supported by sufficient evidence of safety and efficacy and did not meet federal pediatric assessment requirements, violating the APA and Federal Food, Drug and Cosmetic Act
Plaintiffs’ Position:
  • The FDA’s initial approval and subsequent actions to regulate were not supported by sufficient evidence.
  • The FDA did not consider the impact on the pediatric population.
  • The FDA’s denials of two citizen petitions were unreasonable and not supported by the administrative record.
Government’s Position:
  • FDA extensively reviewed the scientific evidence and determined the benefits of mifepristone outweigh any risks.
  • The FDA’s conclusion that studies in pediatric patients were not needed is consistent with the pediatric rule regulations.
  • The FDA’s determinations are entitled to significant deference.
  • The FDA denied the citizen petitions based on its scientific review of the evidence clearly demonstrating mifepristone’s safety and efficacy.
Claim: The FDA’s approval of mifepristone and subsequent modifications violated the Comstock Act.
Plaintiffs’ Position:
  • This act should be read literally to prohibit the mailing of any drug used to terminate an abortion.
Government’s Position:
  • The plaintiffs are barred from raising this issue because they failed to raise it in the administrative proceedings.
  • This law has been amended by court precedents and administrative actions and does not apply to mailing abortion drugs when the sender has no reason to believe they will be used unlawfully.

Does the Comstock Act impede the distribution of abortion medications?

When the Comstock Act was passed in 1873, it made it illegal to send “obscene, lewd or lascivious,” “immoral” or “indecent” publications or other materials through the mail. It also banned the mailing of any articles that could be used as contraceptive or to cause abortions. The plaintiffs in this case contend that the Comstock Act should be read literally. The plaintiffs cite a section of the Act as prohibiting the mailing or delivery by any letter carrier of “[e]very article or thing designed, adapted, or intended for producing abortion” and “[e]very article, instrument, substance, drug, medicine, or thing, which is advertised or described in a manner calculated to lead to another to use or apply it for producing abortion, ” and a separate section as prohibiting the use of “any express company or other common carrier” to transport abortion drugs in interstate or through foreign commerce. They are seeking to block the distribution of drugs for abortion (mifepristone and misoprostol) to clinics, doctors, and hospitals, as well as to patients, on grounds that the Comstock law makes it illegal to send these through the mail or other carriers.

However, the Government contends that because the plaintiffs failed to raise the Comstock argument at any stage of the administrative proceedings, they are therefore barred from raising it now. In addition, the Government contends that the plaintiffs’ Comstock argument fails on the merits. Although Congress has not amended the abortion provisions in the statute, prior court cases and administrative actions have limited the reach of the Comstock Act. In December 2022, the US Department of Justice’s Office of Legal Counsel issued an opinion, concluding that the Comstock Act does not prevent the mailing of medication for abortion for legal use.

Possible Rulings and Implications

Depending on the ruling, the case could affect the availability and distribution of mifepristone. More broadly, if the court allows the plaintiffs to have standing, the door may be opened for future litigation brought by doctors and organizations challenging the FDA’s approval of other drugs. Similarly, if the court does not restrict the plaintiffs’ challenges to what they included in their 2019 citizen petition, then other litigation may be brought beyond the six years statute of limitation period that challenges agencies’ actions without first exhausting administrative remedies.

Possible Ruling 1: FDA Approval of Mifepristone Violated the APA

The federal court could find that the FDA did not apply a lawful review process for its initial approval of mifepristone in 2000. It would be unprecedented for a Court to rule that the FDA did not properly approve a drug, much less one that has a safety and effectiveness record over more than two decades. While the availability of mifepristone for abortion could be blocked following such a ruling, it is likely, based on the research, record and clinical trials, that the drug would be reapproved by the FDA. This would, however, force those who seek abortion to use a less effective medication abortion protocol with misoprostol only in the interim. The court could also rule that the FDA acted beyond its authority by including misoprostol in the two-drug regimen for medication abortion. However, because misoprostol is currently used for medication abortion off-label, it is not clear how this ruling would impact the availability of misoprostol.

If the court suspends the FDA’s approval of mifepristone, with or without finding that the FDA acted improperly by including misoprostol, clinics will likely respond by switching to using a higher dose of misoprostol alone, but that is less effective (estimated to be between 80% and 100% effective) than using mifepristone and misoprostol together (99% effective). Misoprostol along can also cause more side effects, including pain and bleeding than the combination regimen. In addition, patients experiencing a miscarriage will also need to switch to using only misoprostol. This ruling will likely have implications far beyond abortion. This action would open the door for other actors to potentially sue to block the approval of existing or new drugs that may be deemed as controversial such as vaccines or treatments for conditions that are at the crosshairs of culture wars. Manufacturers may be reluctant to bring to market certain new drugs or treatments if they are concerned that a court ruling could block the approval of the drug in the future.

Possible Ruling 2: FDA 2016 Revision of the REMS Violated the APA

The court could limit the plaintiffs’ arguments to those they included in their 2019 citizen petition, which challenged changes to the conditions of use and restrictions on the distribution of mifepristone. The 2019 petition asked the FDA to “[r]etain” the 2011 REMS and its in-person dispensing requirement, and to “restore and strengthen elements of the [mifepristone] regimen and prescriber requirements approved in 2000” to: (1) limit mifepristone’s use to 49 days gestation; (2) require the drug to be administered by or under the supervision of a physically present and certified physician who has ruled out ectopic pregnancy; (3) require three office visits; (4) include a contraindication for patients who do not have convenient access to emergency medical care; (5) require reporting of certain adverse events to FDA; and (6) require additional studies If the court grants the plaintiffs’ request to roll back the requirements for the gestational age for which the regimen is approved and limit the pool of clinicians who could be certified to dispense the drug therefore constraining abortion access for those in states that have not banned abortion. This would effectively eliminate the new evidence-based protocols the FDA has established which removed the in-person dispensing requirement, permitted telehealth abortions, and established the process for pharmacies to become certified to dispense mifepristone.

Possible Ruling 3: The Comstock Act Blocks Distribution of Medication Abortion Pills

If the court rules in favor of the plaintiffs finding that the Comstock Act prohibits the mailing of mifepristone and misoprostol, the distribution channels for both drugs could be effectively shut down, and access to the drugs will become limited over time. This would affect not only the mailing of the drug to patients through telemedicine but could also limit the distribution of the medication to hospitals, clinics or clinicians. Misoprostol is used to treat ulcers, and mifepristone is used to treat Cushing’s Syndrome. Both drugs are used for miscarriage management. Patients who need these drugs ,for these conditions, many of whom are women, could potentially have limited or no access. If the court ruling relies narrowly on the Comstock Act, there would not likely be broader ramifications for the FDA’s authority to regulate other drugs and be limited to medication abortion. It is conceivable that if it reaches the Supreme Court on appeal, the Court could leave intact the FDA’s current authority to review and approve drugs, but rule in favor of the plaintiffs, based on the Comstock Act reasoning that it’s the responsibility of Congress, not the Court’s, to repeal the Comstock Act if it’s no longer valid. This ruling could create large barriers for patients to access medication abortion across the country, even in states where abortion is legal. Even if the ruling does not find that the FDA’s approval of mifepristone was improper, a ruling based on the Comstock Act would severely limit distribution of the mifepristone and misoprostol.

Other Cases Involving the FDA and Medication Abortion

While many have focused on the AHM case, there are several other cases in the federal court system that relate to aspects of the FDA’s regulation of mifepristone. Now that states are permitted to ban abortion, new questions have arisen regarding the intersection of federal and state authority when it impacts access to abortion.

Federal law preempts state law, but some are questioning how the new state authority to regulate or ban abortion intersects with the Federal FDA’s authority to regulate drugs. There are currently two cases in federal court challenging state abortion prohibitions and restrictions on federal preemption grounds. The maker of a generic mifepristone medication, GenBioPro, Inc., is challenging West Virginia’s total abortion ban, and an ob-gyn, Dr. Amy Bryant, is challenging the abortion restrictions in North Carolina, which include requirements that mifepristone be dispensed in person by a physician following a state-mandated counseling session and a 72-hour waiting period. In both cases, plaintiffs argue that the FDA’s authorization and regulation of mifepristone preempt state law banning the use of the medication or regulating its use more strictly, and given this, enforcement of the state laws should be blocked. If these lawsuits are successful, people living in states where abortion is banned could access medication abortion.

In addition, the Oregon and Washington Attorneys General joined by 10 other Attorneys General are also challenging the FDA’s decision-making about mifepristone. but rather than challenging the FDA approval process, the plaintiffs are calling to question the FDA’s decision to impose restrictions on prescribing and dispensing mifepristone through the Risk Evaluation and Mitigation System (REMS). The case filed by the Oregon and Washington Attorneys General in the US District Court in the Eastern District of Washington could result in a conflicting ruling from the AHM case. Ultimately, the Supreme Court could decide the role of the courts to review the FDA’s decisions, and how much deference the agency should be given.

Conclusion

No matter how the district court rules in the AHM case, the parties will likely appeal to the 5th Circuit Court of Appeals and then to the Supreme Court. The case, as well as others about medication abortion, raise questions about the role of the courts in reviewing the FDA’s findings about a particular drug. While most of the focus since the Dobbs ruling has been on the impact of that ruling on those who live in states that ban or greatly restrict abortion, the outcome of these medication abortion cases could also affect the availability of medication abortion to people in who live in states that protect abortion access. Furthermore, these cases could also have far-reaching implications for the FDA’s authority to continue to regulate not only mifepristone, but a wide range of other drugs that could be perceived to be controversial today and in the future.

Appendix

Appendix

Appendix Table 1: Timeline of Regulatory Actions Regarding Mifepristone*
DateAction
March 1996The Population Council submitted a New Drug Application (NDA) for Mifeprex (Mifepristone).
September 2000FDA approved Mifeprex for the medical termination of pregnancy through 49 days’ gestation. The approval was granted under FDA’s regulations at 21 C.F.R. Part 314 Subpart H (Subpart H), which permitted FDA to impose conditions the agency deemed necessary to ensure the product’s safe use, including in this instance requirements regarding the capabilities and commitments of each healthcare provider who would be authorized to prescribe the drug and restrictions on how the drug would be distributed.
August 2002American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG) and Christian Medical& Dental Associations and Concerned Women for America submitted a citizen petition requesting FDA revoke approval of Mifeprex.
September 2007Congress amended the Food, Drug, and Cosmetic Act to give FDA authority to require an applicant to submit a risk evaluation and mitigation strategy (REMS) if the agency determined that a REMS “is necessary to ensure that the benefits of the drug outweigh the risks of the drug.” 21 U.S.C. § 355-1(a)(1).
August 2008The GAO issued a report on the approval and oversight of Mifeprex following a request from several members of Congress.
June 2011FDA approved the Mifeprex REMS after Danco submitted an application on September 17,2008. The approved REMS maintained and augmented the Subpart H requirements imposed with the initial approval of Mifeprex.
March 2016FDA denied the 2002 citizen petition requesting to revoke approval of Mifeprex.
March 2016FDA updated and approved a new evidence-based regimen and drug label, which guides current clinical practice. This regimen approves use of medical abortions for up to 70 days (10 weeks) of pregnancy.
March 2018The GAO issued a report on FDA’s actions in approving the 2016 changes following a request from several members of Congress.
March 2019Plaintiffs AAPLOG and ACOP submitted a citizen petition to FDA asking the agency to “restore and strengthen elements of the Mifeprex regimen and prescriber requirements approved in 2000,” and “retain the Mifeprex [REMS], and continue limiting the dispensing of Mifeprex to patients in clinics, medical offices, and hospitals, by or under the supervision of a certified prescriber.”
April 2019FDA approved of GenBioPro’s abbreviated new drug application for a generic version of mifepristone. FDA determined that the generic drug was material the “same” as Mifeprex. With this approval, the FDA also approved a Mifepristone REMS program, covering both Mifeprex and the generic medication.
April 2020The American College of Obstetricians and Gynecologists (ACOG) and the Society for Maternal-Fetal Medicine (SMFM) sent a letter urging FDA to suspend enforcement of the in-person dispensing requirements of the Mifeprex REMS.
April 2021FDA responded to the letter from ACOG and SMFM, stating that during the COVID-19 public health emergency, the agency would exercise enforcement discretion with regard to “dispensing of Mifeprex . . . through the mail either by or under the supervision of a certified prescriber, or through a mail-order pharmacy when such dispensing is done under the supervision of a certified prescriber.”
May 2021FDA updated the Mifepristone REMS, adding gender-neutral language to the patient agreement form.
December 2021FDA responded to the 2019 citizen petition from plaintiffs AAPLOG and ACOP, addressing in detail their concerns, assertions, and the sources cited in support, but denying their request to restore the requirements approved in 2000 and to limit dispensing (for both Mifepristone and Misoprostol) in person.
January 2023FDA modified the Mifepristone REMS, removing the in-person dispensing requirement.
NOTES: *For the purpose of terminating pregnancy. The FDA has additionally approved a Mifepristone medication to treat Cushing’s disease.

PEPFAR Reauthorization 2023: Key Issues

Published: Mar 13, 2023

This year, Congress will consider reauthorization of the President’s Emergency Plan for AIDS Relief (PEPFAR), which was created in 2003 as the U.S. government’s signature global health effort in the fight against HIV. This would be PEPFAR’s fourth reauthorization. The program is broadly regarded as one of the most successful programs in global health history, with the U.S. government reporting tens of millions of lives saved over the past 20 years. Our analyses have also found positive spillover effects associated with the program beyond HIV, such as large, significant reductions in both maternal and child mortality and significant increases in some childhood immunization rates. At the same time, with a divided Congress, there are likely to be heightened disagreements over funding levels across the federal budget, potentially tied to the need to raise the debt ceiling later this year.

Following are fast facts about the program and top issues related to PEPFAR’s authorization and funding.

Fast Facts About PEPFAR

  • Created in 2003 during the George W. Bush administration
  • FY 2023 funding: $6.9 billion, with approximately $4.9 billion for bilateral HIV efforts and $2 billion for U.S. contributions to the Global Fund to Fight AIDS, Tuberculosis and Malaria
  • Spans more than 50 countries
  • Reports saving 25 million lives
  • Operates largely under permanent authorities of U.S. law that allow for ongoing funding and the continuation of the major structures of the program
  • Would continue absent a reauthorization, provided funds are appropriated (although some time-bound requirements would end if a reauthorization bill is not passed or if Congress does not address them through another legislative vehicle)

What are authorization and reauthorization bills, and what is their connection with appropriations bills?

Established by House and Senate rules, the two-step process of authorization/appropriations supports the linkages between the authorizing and appropriating committees of each chamber:

  • Authorization legislation establishes programs, policies, and organizational, oversight, and reporting requirements. It is also “intended to provide guidance to appropriators as to a general amount and under what conditions funding might be provided to an agency or program” before appropriations may be made. It may have time-limited provisions, including for funding.
  • Reauthorization legislation allows existing law for programs and policies to be adapted to current circumstances, such as adding or updating reporting requirements, increasing oversight, and extending or modifying time-limited provisions.
  • Appropriations legislation provides budget authority, allowing funding for an agency or program.

For foreign assistance specifically – including global health assistance – this two-step process is also required by law. Still, this requirement is often waived by Congress since it has not passed comprehensive foreign assistance authorization legislation since 1985. (Some instances of limited authorization legislation for specific programs, including global health programs such as PEPFAR, exist, but these are less frequent occurrences than the use of waivers for the process.) Thus, absent an authorization or reauthorization bill, an appropriations bill can have the effect of authorizing the creation of a new program when providing funding for a specific activity for the first time and/or authorizing the continued operation of an existing program by providing continued funding for its activities.

When was PEPFAR created, and how many times has it been reauthorized?

President George W. Bush called for the creation of a new U.S. global HIV program in his State of the Union address on January 28, 2003, and Congress passed authorizing legislation just four months later on May 23, 2003. This legislation established the program, its structure – including creating a new position of U.S. Global AIDS Coordinator at the Department of State, with the rank of Ambassador – and initial funding authorization levels. Since then, PEPFAR has been reauthorized three times (see Table 1).

Table 1: PEPFAR Legislation
Full TitleCommon TitlePublic Law #YearsFunding Authorization Level
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003“The Leadership Act”P.L. 108-25FY 2004 – FY 2008$15 billion
Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008“The Lantos-Hyde Act”P.L. 110-293FY 2009 – FY 2013$48 billion
PEPFAR Stewardship and Oversight Act of 2013“The PEPFAR Stewardship Act”P.L. 113-56FY 2014 – FY 2018Did not specify authorization for funding
PEPFAR Extension Act of 2018“The PEPFARExtension Act”P.L. 115-305FY 2019 – FY 2023Did not specify authorization for funding
NOTES: Current law is reflected in the consolidation of PEPFAR authorizing legislation in U.S. Code: 22 USC Chapter 83: United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria.

Will PEPFAR end without reauthorization?

No. PEPFAR operates largely under permanent authorities of U.S. law that allow for ongoing funding and the continuation of the major structures of the program, such as the Office of the Global AIDS Coordinator at the Department of State as well as the position of Global AIDS Coordinator, U.S. participation in the Global Fund, and annual reporting on PEPFAR efforts. Absent a reauthorization, the PEPFAR program would continue, provided funds are appropriated. There are, however, some requirements that are time-bound and would “sunset” if a reauthorization bill is not passed (Congress could, for example, simply extend the dates of these time-bound provisions in a reauthorization bill) or if Congress does not address them through another legislative vehicle. Specifically, there are seven requirements that would end after FY 2023, and one that would end after FY 2024, if not addressed. Of these, two relate to how HIV funding is allocated, four specify requirements related to the U.S. contribution to the Global Fund, and two address reporting or oversight (see Table 2).

Table 2: PEPFAR Legislation – Expiring Time-Bound Provisions
Topic of ProvisionDescription
1.   HIV Bilateral Funding Allocation: Treatment, Care, Nutrition and Food SupportRequires that more than half of funds appropriated or otherwise made available for bilateral HIV be expended for treatment, care, and nutrition and food support for people living with HIV (through FY 2023)
2. HIV Bilateral Funding Allocation: Orphans and Vulnerable Children (OVC)Requires that not less than 10% of funds appropriated or otherwise made available for bilateral HIV be expended for programs targeting orphans and other children affected by, or vulnerable to, HIV (through FY 2023)
3.   Global Fund Contribution: 1/3 CapLimits U.S. contributions to the Global Fund to not exceed 33% of all funds donated to the Global Fund during a specified period (“1/3 cap”) (through FY 2023, calculated from FY 2004)
4.   Global Fund Contribution: Use of Funds Withheld Due to 1/3 CapAuthorizes that any of the U.S. contribution to the Global Fund withheld due to the 1/3 cap may be used for bilateral HIV, TB, and malaria programs (through FY 2023)
5.   Global Fund Contribution: Withholding Obligation of 20% Pending CertificationRequires withholding 20% of annual U.S. contribution to the Global Fund pending certification of certain accountability and transparency benchmarks by the Secretary of State* (through FY 2023)
6.   Global Fund Contribution: Withholding Portion if Funds Expended to Certain GovernmentsRequires withholding a portion of the U.S. contribution to the Global Fund, the next fiscal year, equal to the amount expended by the Global Fund to country governments determined by the Secretary of State to have “repeatedly provided support for acts of international terrorism” (through FY 2023)
7.   Annual Treatment Providers StudyDirects the Global AIDS Coordinator to annually complete a study of treatment providers for HIV programs, including spending by the Global Fund and partner countries (through FY 2024)
8.   Oversight Plans of Inspectors General Directs various agencies’ inspectors general to jointly develop coordinated annual plans for overseeing HIV, malaria, and TB programs (through FY 2023)
NOTES: * In certain years, Congress directed the withholding to be 10%, rather than 20%.SOURCE: KFF, PEPFAR Reauthorization: Side-by-Side of Legislation Over Time.

Is PEPFAR reauthorization required for the program to receive continued funding?

No. Under current legislative rules, Congress can continue to appropriate funding for the program each year. As mentioned above, typically, reauthorization and appropriation bills work hand-in-hand, though there are exceptions, such as authorized programs that do not have a current funding authorization but for which funding is effectively authorized when it is appropriated (as has been the case for PEPFAR since FY 2014). At the same time, the House of Representatives recently passed a rules package for the 118th Congress that requires authorization and oversight plans for House committees, which may signal heightened oversight as well as more visibility around, and potential discussion of, the practice of appropriating funding to programs without a current funding authorization.

Does a funding authorization signal a required level of funding?

When included in an authorization or reauthorization bill, a funding authorization may indicate congressional intent to appropriate funding at certain levels, but Congress is not required to appropriate the level of funding that is authorized for a discretionary program. Ultimately, Congress may appropriate more funding than authorized in some instances, while it may appropriate less in others. This happened during PEPFAR’s first five-year authorization, FY 2004 – FY 2008, when more was appropriated than the $15 billion initially authorized ($19.8 billion was appropriated). The reverse happened during the its second period, FY 2009 – FY 2013, when less was appropriated than the $48 billion authorized (just under $37.2 billion was provided).

A funding reauthorization in PEPFAR for an area (e.g., bilateral HIV) or purpose (e.g., U.S. contribution to the Global Fund) may be a specific funding amount – either as an exact amount that indicates Congress wants that amount directed to this, as a floor that indicates Congress wants at least this amount directed to this, a ceiling that indicates Congress wants no more than this amount directed to this – or more general, stating “such sums as necessary” are authorized for this (this amount may be within an overall funding authorization level or may be standalone).

What are some issues to consider for PEPFAR’s future and are these affected by reauthorization?

Regardless of what happens with reauthorization, there are several discussions underway and questions about PEPFAR’s future that are not dependent on the program’s reauthorization (though Congress could choose to address them that way). Among others, these include discussions about PEPFAR’s role in pandemic preparedness and response, particularly given its work to address COVID-19 in PEPFAR countries and the numerous global challenges ahead for shoring up pandemic preparedness more generally. Indeed, in December 2022, the Secretary of State announced plans for a new Bureau of Global Health Security and Diplomacy that would bring together the functions of several Coordinators and offices, including PEPFAR’s Office of the U.S. Global AIDS Coordinator and Global Health Diplomacy and the Coordinator for Global COVID-19 Response and Health Security. The Bureau would be led by the Department of State official who is already dual-hatted as the U.S. Global AIDS Coordinator and the U.S. Special Representative for Health Diplomacy, currently Dr. John Nkengasong. There are also broader questions about how PEPFAR, and other vertical disease programs (those focused on single diseases), can best contribute to making health systems stronger and more sustainable at the country level; how, with what has largely been flat funding, the program can make further gains in the HIV response; and how best to promote equity, particularly regarding key and other vulnerable populations.

Global Health Funding in the FY 2024 President’s Budget Request

Published: Mar 10, 2023

President Biden released the FY 2024 President’s Budget Request on March 9, 2023. The request includes discretionary funding for U.S. global health programs at the State Department, the U.S. Agency for International Development (USAID), the Centers for Disease Control and Prevention (CDC), and the National Institutes of Health (NIH). Funding provided to the State Department and USAID through the Global Health Programs (GHP) account, which represents the bulk of global health assistance, totals $10.9 billion, an increase of $367 million above the FY 2023 enacted level. Most of the increase is for global health security (GHS), which totals $1.2 billion (an increase of $345 million above the FY 2023 enacted level) and includes $500 million for the Pandemic Fund. Funding also increased for family planning and reproductive health (FP/RH), Gavi, and the Health Reserve Fund, but is lower for bilateral HIV, tuberculosis (TB), and malaria. The FY 2024 request also includes new dedicated funding for the Global Health Worker Initiative. Funding for the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), maternal and child health (MCH), nutrition, vulnerable children, and neglected tropical diseases remained flat. See the table below for additional detail on global health funding in the FY 2024 request (downloadable tables here). See the KFF budget tracker for details on historical annual appropriations for global health programs.

Table: KFF Analysis of Global Health Funding in the FY24 President’s Budget Request
Department / Agency / AreaFY23 Omnibus(millions)FY24 Request(millions)Difference:FY24 Request – FY23 Omnibus
State, Foreign Operations, and Related Programs (SFOPs) – Global Healthi
HIV/AIDSii
Global Health Programs (GHP) account$4,725.0$4,700.0-$25.0(-0.5%)
State Department$4,395.0$4,370.0-$25.0(-0.6%)
USAID$330.0$330.0$0.0(0%)
of which Microbicides$45.0$45.0$0.0(0%)
Economic Support Fund (ESF) accountNot specifiedNot specified
Global Fund$2,000.0$2,000.0$0.0(0%)
Tuberculosisii
Global Health Programs (GHP) account$394.5$358.5-$36.0(-9%)
Economic Support Fund (ESF) accountNot specifiedNot specified
Malaria$795.0$780.0-$15.0(-2%)
Maternal & Child Health (MCH)ii
Global Health Programs (GHP) account$910.0$910.0$0.0(0%)
of which Gavi$290.0$300.0$10.0(3%)
of which Polio$85.0Not specified
United Nations Children’s Fund (UNICEF)$142.0$145.0$3.0(2%)
Economic Support Fund (ESF) accountNot specifiedNot specified
of which PolioNot specifiedNot specified
Nutritionii
Global Health Programs (GHP) account$160.0$160.0$0.0(0%)
Economic Support Fund (ESF) accountNot specifiedNot specified
Assistance for Europe, Eurasia, and Central Asia (AEECA) accountNot specifiedNot specified
Family Planning & Reproductive Health (FP/RH)iii$607.5
Bilateral FP/RHiii$575.0Not specified
Global Health Programs (GHP) accountiii$524.0$600.0$76.1(14%)
Economic Support Fund (ESF) accountiii$51.1Not specified
United Nations Population Fund (UNFPA)iv$32.5$57.5$25.0(77%)
Vulnerable Children$30.0$30.0$0.0(0%)
Neglected Tropical Diseases (NTDs)$114.5$114.5$0.0(0%)
Global Health Securityii
Global Health Programs (GHP) account$900.0$1,245.0$345.0(38%)
State Departmentv$500.0$500.0(N/A)
of which Pandemic Fund$500.0$500.0(N/A)
USAID$900.0$745.0-$155.0(-17%)
of which bilateralNot specified$435.0
of which multilateralNot specified$220.0
of which for the Coalition for Epidemic Preparedness Innovations (CEPI)$100.0Not specified
of which Emergency Reserve Fundiv$90.0
Economic Support Fund (ESF) accountNot specified$2.0
Assistance for Europe, Eurasia, and Central Asia (AEECA) accountNot specifiedNot specified
Emergency Reserve Fundvivi
Health Reserve Fundvii$8.0$10.0$2.0(25%)
Global Health Worker InitiativeNot specified$20.0
SFOPs Total (GHP account only)$10,561.0$10,928.0$367.0(3%)
Labor, Health & Human Services (LHHS)
Centers for Disease Control & Prevention (CDC) – Total Global Health$692.8$764.8$72.0(10%)
Global HIV/AIDS$128.9$128.9$0(0%)
Global Tuberculosis$11.7$11.7$0(0%)
Global Immunization$230.0$240.0$10.0(4%)
Polio$180.0$180.0$0(0%)
Other Global Vaccines/Measles$50.0$60.0$10.0(20%)
Parasitic Diseases$29.0$31.0$2.0(7%)
Global Public Health Protection$293.2$353.2$60.0(20%)
Global Disease Detection and Emergency ResponseNot specifiedNot specified
of which Global Health Security (GHS)Not specifiedNot specified
Global Public Health Capacity DevelopmentNot specifiedNot specified
National Institutes of Health (NIH) – Total Global Health
HIV/AIDSNot specifiedNot specified
MalariaNot specifiedNot specified
Fogarty International Center (FIC)$95.2$95.1-$0.03(-0.03%)
LHHS Total
Notes:
i – Unless otherwise specified, funding amounts listed under the “State, Foreign Operations, and Related Programs (SFOPs) – Global Health” heading are provided through the Global Health Programs (GHP) account.
ii – Some HIV, tuberculosis, MCH, nutrition, family planning and reproductive health, and global health security funding is provided under the ESF and AEECA accounts, which is not earmarked by Congress in the annual appropriations bills and is determined at the agency level.
iii – The FY23 Omnibus bills states that “not less than $575,000,000 should be made available for family planning/reproductive health.”
iv – The FY23 Omnibus bills state that if this funding is not provided to UNFPA it “shall be transferred to the ‘Global Health Programs’ account and shall be made available for family planning, maternal, and reproductive health activities.”
v – The FY23 Omnibus bill states that “up to $90,000,000 of the funds made available under the heading ‘Global Health Programs’ may be made available for the Emergency Reserve Fund.” The FY24 Request includes funding for the Emergency Reserve Fund under Global Health Security.
vi – The FY24 Request states that this amount is for the Pandemic Fund to “strengthen global health security and pandemic preparedness and help make the world safer from infectious disease threats.”
vii – The explanatory statement accompanying the FY23 Omnibus states that these funds are “to support cross-cutting health activities, including health service delivery, the health workforce, health information systems, access to essential medicines, health systems financing, and governance, in challenging environments and countries in crisis.” The FY24 Request states that these funds are to “support cross-cutting global health activities in challenging environments or countries emerging from crisis. It will provide flexible, no year funding to ensure basic health services are accessible to those most in need and to build more resilient health services and systems. Activities will focus on six key areas: support for health service delivery, the global health workforce, health information systems, access to essential medicines, health systems financing, and governance.”

Resources:

How Much Could COVID-19 Vaccines Cost the U.S. After Commercialization?

Published: Mar 10, 2023

Editor’s Note: This brief was updated on March 10, 2023 to reflect recent price announcements by Moderna and the release of the President’s FY 2024 budget request.

The federal government has spent more than $30 billion1  on COVID-19 vaccines, including the new bivalent boosters, incentivizing their development, guaranteeing a market, and ensuring that these vaccines would be provided free of charge to the U.S. population. However, last year, the Biden Administration announced that it no longer had funding, absent further Congressional action, to make additional purchases and it began preparing for the transition of COVID-19 vaccines to the commercial market. This means that manufacturers will be negotiating prices directly with insurers and purchasers, not just the federal government, and prices are expected to rise. Elsewhere, we have analyzed the implications of commercialization for access to and coverage of COVID-19 vaccines, finding that most, but not all, people will still have free access. Still, the cost of purchasing vaccines for the population is likely to rise on a per dose basis, though the extent to which it affects total health spending is dependent on vaccine uptake and any negotiated discounts, among other factors.

Here, we illustrate the potential total cost of Pfizer and Moderna COVID-19 vaccines, based on their publicly-announced expected prices, once they enter the U.S. commercial market. Specifically, we compare the average price paid by the federal government for the COVID-19 bivalent boosters to the estimated average commercial prices that have been suggested by manufacturers, and calculate an overall cost for purchasing vaccines for the adult population (ages 18 and older) across different scenarios of vaccine uptake (we only estimate costs for purchasing a single vaccine dose under different population uptake scenarios though it is possible that additional boosters will be needed on an annual or some other regular basis). While four COVID-19 vaccines have been authorized or approved for use in the United States, we focus our analysis only on Pfizer and Moderna vaccines, which account for almost all doses administered in the U.S. (97% as of March 22 ) and approximately 80% of all federal funding spent on COVID-19 vaccines.

The federal government has so far purchased 1.2 billion doses of Pfizer and Moderna COVID-19 vaccines combined, at a cost of $25.3 billion, or a weighted average purchase price of $20.69 per dose. In mid-2020, months before any COVID-19 vaccine was yet authorized or had even completed clinical trials, the federal government purchased an initial 200 million vaccine doses from Pfizer and Moderna (100 million each), at a price of $19.50 per dose and $15.25 per dose, respectively. This guaranteed an advance market for these vaccines, should they prove safe and effective and receive emergency use authorization (EUA) from the Food and Drug Administration (FDA), as each did in December 2020. In total, the federal government has made six different bulk purchases from Pfizer, totaling 655 million doses, and five bulk purchases from Moderna, totaling 566 million doses, for a total of 1.2 billion doses. Subsequent federal government purchases were made at a higher price per dose, with a weighted average across these purchases of $20.69. (See Figure 1 below and Tables in Appendix.)

The federal price paid per dose has generally increased over time, with the highest price paid for the most recent bivalent, or updated, boosters. The most expensive price per dose paid by the government was for the recent purchase of bivalent booster doses from each manufacturer, including 105 million doses at $30.48 per dose from Pfizer and 66 million doses at $26.36 per dose from Moderna (or a weighted average price per dose of $28.89). This represented a 56% increase in the price per dose for Pfizer, compared to the initial Pfizer purchase price, and a 73% increase for Moderna. In total, the U.S. has purchased 171 million doses of the bivalent booster at a cost of $4.9 billion.

Federal Purchases of Pfizer and Moderna COVID-19 Vaccines have Totaled $25.3 Billion at an Average Price of $20.69 per Dose

While the commercial prices for COVID-19 vaccines are not yet known, both Pfizer and Moderna have signaled likely ranges that are three to four times greater than the pre-purchased federal price for the bivalent booster. In a recent investor call, Pfizer indicated that it expected a commercial price per dose for its vaccine to be between $110 and $130. Moderna has also suggested the same range. This range is 4 to almost 5 times greater than the weighted average price per dose paid by the federal government for Moderna and Pfizer bivalent doses ($28.90).

In the unlikely outer bound scenario in which all adults were to receive a vaccine at the announced expected commercial prices, it could cost between $28.4 billion and $33.5 billion to purchase enough vaccine doses for the U.S. adult population for a one-year period (258 million doses). The lower end of this cost range ($28.4 billion for 258 million doses) is several billion higher than what the federal government has spent for more than four times as many Pfizer and Moderna doses to date ($25.3 billion for 1.2 billion doses). See Figure 2.

Potential Total COVID-19 Vaccine Cost Scenarios

Even under much lower vaccine uptake scenarios (e.g., 50% of adults getting a booster), the total cost to purchase COVID vaccines at the commercial price would still exceed the cost of purchasing enough vaccines for everyone at the federal bivalent booster price. Under a scenario where half of the adult population is vaccinated for COVID-19 at the announced commercial prices-per-dose, the total cost (ranging from $14.2 billion to $16.8 billion) still greatly exceeds the cost of purchasing vaccines for all adults at the average federal bivalent price ($7.5 billion). Although all adults are recommended to get the Omicron booster, a 50% uptake rate would be similar to that of the annual flu vaccine. If only a quarter of the adult population were to be boosted at the commercial price per dose, the total cost could range from $7.1 billion to $8.4 billion. The low end of that range is slightly lower than the cost of vaccinating all adults at the federal price. Current take-up of the Omicron booster – at 19.6% of all adults as of March 2– is even lower, though these boosters only became available last September and there are continuing efforts to encourage people to get boosted. KFF’s latest COVID-19 vaccine monitor survey found that just under a third of adults who had not yet had an updated booster said they planned to get one as soon as they could.

While most people will still be able to get COVID-19 vaccines for free, these costs will be borne by both public and private vaccine payers. As we have described in an earlier analysis, most people with health insurance will still be able to get COVID-19 vaccines, including boosters, for free even after the federally purchased supplies are depleted. But these costs will still be borne by public and private payers. In addition, the cost estimates we provide above are only for the vaccine doses themselves; there is also the cost of vaccine administration which could range from about $25 to $40 per dose, as well as a potential physician visit fee. For insured people, these costs would be covered by the insurer, as they are currently. Thus far, about four in ten adults who have received an updated booster dose are over age 65 and likely covered by Medicare, while the remaining two thirds are likely primarily covered by either Medicaid or private insurance. As older adults are more likely to opt for booster shots, a disproportionate share of the total national spending may be borne by the Medicare program. (For most preventive vaccines, Medicare pays 95% of the average wholesale price, which is often referred to as the “list” price, but we do not account for this potential modest discount in our cost illustrations above.) For private insurers and their enrollees, these costs are expected to have an upward effect on premiums. Our recent analysis of 2023 premium filings from ACA Marketplace insurers found that some insurers say the end to federal purchasing could have a small upward effect on premiums next year. These costs could continue to push premiums upward in future years as well, particularly if private insurers under-estimated the cost of the vaccine dose before Pfizer and Moderna’s price announcements.

For the uninsured and underinsured – who will not have guaranteed access to free COVID-19 vaccines – the commercial price could discourage vaccination. The suggested average price for COVID-19 vaccines after commercialization ($110 to $130 per dose) is significantly higher than the commercial price for the annual flu vaccine ($18 to 30 per dose), and could be a cost barrier for the uninsured and underinsured, who have no guaranteed mechanism for receiving COVID-19 (or any) vaccines once federal supplies are depleted. This includes people with private insurance in grandfathered or short-term limited duration health plans, as these are not subject to the Affordable Care Act’s requirement to provide recommended vaccines with no out-of-pocket cost. These individuals could have to pay all or some of the cost of the vaccine and associated physician appointments or administration fees. To provide enough COVID-19 vaccines for the 23.4 million uninsured adults in the U.S. at commercial prices for a one-year period excluding administration costs would cost between $2.6 billion and $3 billion; at the average federal price paid for the bivalent booster, it would cost $677 million. (The total cost would be higher if extended to the under-insured). To address the lack of guaranteed access to vaccines for uninsured adults, in last year’s budget request, the Biden administration proposed creating a new “Vaccines for Adults” (VFA) program to provide uninsured adults with access to all ACIP-recommended vaccines, including COVID-19 vaccines, at no cost, although Congress did not act on that proposal. The administration has once again included the proposal in its FY 2024 budget request. In addition, both Moderna and Pfizer have indicated that they will use patient assistance programs to provide free COVID-19 vaccines to the uninsured and underinsured but details on those programs are not yet available.

Discussion

On a per-dose basis, the cost to continue to vaccinate adults in the U.S. against COVID-19 after federally purchased doses are depleted is likely to be significantly higher than the costs borne in the past by the federal government. Here, we find that the commercial price ranges announced by Moderna and Pfizer are four to almost five times greater than the pre-purchased federal price for the bivalent booster, resulting in comparatively high total costs even if, for example, only half the population were to get boosted. At the same time, it is important to note that even at higher spending levels driven by commercial pricing, COVID-19 vaccination is likely to be cost-effective compared to not vaccinating, given the effectiveness of these vaccines at preventing hospitalizations and deaths.

While most consumers with public and private insurance will be protected from having to pay directly for vaccine costs, those who are uninsured and underinsured may face cost barriers when the federally-purchased vaccine doses are depleted. In addition, as private payers take on more of the cost of vaccinations and boosters, this could have a small upward effect on health insurance premiums.

Many of the factors that will influence the future commercial market and the exact price of COVID-19 vaccine doses are hard to predict at this point. Here, we illustrated the cost of a purchasing a single vaccine dose under different population uptake scenarios, but it’s possible that doses could be needed more frequently if new variants arrive, or less frequently if the pandemic wanes. Costs will also depend greatly on the number of people that elect to be vaccinated, and booster uptake is low so far. Ultimately, the price for future doses is hard to know, and they could be higher than those implied by companies so far if new formulations are developed, or could come down if discounts are negotiated. Still, insurers and public programs will not have much leverage since they are generally required to cover all ACIP recommended COVID vaccines with no patient out-of-pocket cost. Without advanced purchases or guarantees by the federal government, it’s also possible that future supply may not always match demand, which would have unpredictable consequences for the price and availability of vaccines in the U.S.

Appendix

Table 1: U.S. Government Purchases of Pfizer COVID-19 Vaccines
PurchaseDateAmount PaidNumber of DosesPrice/Dose
17/22/2020$1,950,000,000100,000,000$19.50
212/23/2020$2,011,282,500100,000,000$20.11
32/11/2021$2,011,282,500100,000,000$20.11
47/23/2021$4,869,750,000200,000,000$24.35
510/22/2021$1,230,000,00050,000,000$24.60
6*6/29/2022$3,200,000,000105,000,000$30.48
TOTAL— $15,272,315,000655,000,000$23.32

*bivalent booster

Sources: KFF analysis of data from:

Table 2: U.S. Government Purchases of Moderna COVID-19 Vaccines
PurchaseDateAmount PaidNumber of DosesPrice/Dose
18/11/2020$1,525,000,000100,000,000$15.25
212/11/2020$1,666,598,000100,000,000$16.67
32/11/2021$1,750,000,000100,000,000$17.50
46/15/2021$3,303,993,662200,000,000$16.52
5*7/29/2022$1,740,000,00066,000,000$26.36
TOTAL— $9,985,591,662566,000,000$17.64

*bivalent booster

Sources: KFF analysis of data from:

Table 3: U.S. Government Combined Purchases of Pfizer and Moderna COVID-19 Vaccines
 Amount PaidNumber of DosesWeighted Average Price/Dose
Total Combined Purchases$25,257,906,6621,221,000,000$20.69
Total Bivalent Purchases$4,940,000,000171,000,000$28.89

Source: KFF analysis

Table 4: Other U.S. Government COVID-19 Vaccine Purchases
ManufacturerDateAmount PaidNumber of DosesPrice/Dose
Sanofi/GlaxoSmithKline7/20/2020$2,042,000,000100,000,000$20.4
J&J8/5/2020$1,001,650,000100,000,000$10.0
Astra Zeneca3/21/2020$1,600,000,000300,000,000$5.3
Novavax7/7/2020$1,600,434,523100,000,000$16.0
TOTAL— $6,244,084,523 600,000,000$12.9

Sources: KFF analysis of data from:

  1. This includes vaccines that have been authorized for use in the United States (vaccines from Pfizer, Moderna, J&J, and Novavax) as well as others that either did not make it past the clinical trial phase or for which manufacturers have not sought authorization (vaccines from Merck/IAVI, Sanofi/GlaxoSmithKline and Astra-Zeneca). ↩︎
  2. Analysis of data from the CDC’s COVID-19 Data Tracker: https://covid.cdc.gov/covid-data-tracker/#vaccinations_vacc-people-booster-percent-pop5. ↩︎

Unwinding the Continuous Enrollment Provision: Perspectives from Current Medicaid Enrollees

Authors: Jennifer Tolbert, Robin Rudowitz, and Meghana Ammula
Published: Mar 9, 2023

Since the beginning of the COVID-19 pandemic, states have kept people continuously enrolled in Medicaid in exchange for enhanced federal funding. Largely due to these changes, KFF estimates that Medicaid enrollment will increase to 95 million, an increase of over 30% from enrollment in February 2020. The Medicaid continuous enrollment provision will end on March 31, 2023, and states will then begin disenrolling people who are no longer eligible or who are unable to complete the renewal process even if they remain eligible. We have estimated that Medicaid enrollment could drop by 5 to 14 million people over the coming year as states unwind continuous enrollment. As states prepare for the end of the continuous enrollment provision, a survey from December 2022 found that 62 percent of adults in Medicaid-enrolled families were not aware of upcoming renewals.

To help inform the implementation of the unwinding of the continuous enrollment provision, we conducted 5 virtual focus groups in late January and early February, shortly after federal legislation set an end date for the continuous enrollment provision. Groups included 39 adults who self-identified as having Medicaid coverage for themselves or had children enrolled in Medicaid across 12 states to learn about their experiences with Medicaid, awareness of the end of the continuous enrollment provision, experiences applying for and renewing coverage, and accessing care. We also explored the challenges they might face if they were to lose Medicaid coverage. Participants included a mix of adults by gender, race/ethnicity, age, length of time enrolled on Medicaid, and work and family status. Two groups were conducted in Spanish. KFF worked with PerryUndem Research/Communication to conduct the focus groups. Individuals who were able to participate in our groups needed to know that they were enrolled in Medicaid coverage, have two hours of time, a quiet space, a computer, and internet. These characteristics alone may not fully represent many Medicaid enrollees, so findings may not be generalizable to the entire Medicaid population. See Appendix Table 1 for demographic details about the participants. Key findings from our groups include the following:

  • Many participants experienced worsening health and financial stability during the pandemic, but Medicaid was important in helping them access needed health care that was affordable.
  • Awareness that Medicaid coverage had been protected during the pandemic was limited and most were not aware that disenrollments could start in April.
  • All said that they would try to renew Medicaid coverage and participants said they want to hear about what to expect through multiple communication modalities and from different sources to ensure they would not miss an opportunity to renew coverage.
  • Many participants were worried about losing Medicaid coverage because it would have negative implications for their health and finances. While some worried that they may no longer be eligible due to a change in income, many individuals worried about losing coverage even if their economic circumstance did not change. Under normal operations, people who are no longer eligible are disenrolled from Medicaid; however, a large number of people could be disenrolled in the coming year because of the continuous enrollment provision that has been in effect. Most said they would look for other coverage if they were no longer eligible for Medicaid, but expressed concerns that other coverage would not be affordable.

Key Themes

Experience with Medicaid and the Pandemic

Participants said Medicaid enables them to access health care services and medications for themselves and their children. Those with serious chronic health conditions and other health and mental health needs said having Medicaid means they can get medications and regular doctor’s visits to manage their conditions. In some cases, they say Medicaid coverage has meant access to life-saving treatments, surgeries and therapy services. While some participants noted problems accessing certain services, including dental care, most said Medicaid covers the services they need. Parents in the groups especially valued being able to access preventive and primary care, treatment for more serious conditions, and mental and behavioral health services for their children. A common theme expressed by participants was the peace of mind from knowing that they can get the care they need without having to worry about how they will pay for it. Several participants described getting Medicaid when they became pregnant and the importance of the coverage during their pregnancies and once their children were born.

Because I have a chronic disease, which is diabetes, and I have to go [to the doctor] every six months. Sometimes, with regular insurance, you have to pay a copay, and now, Medicaid pays for it. I take advantage of that. – 56-year-old, Hispanic male (Spanish-speaking), Arizona

I mean [Medi-Cal] does cover a lot, you know. I have to take a lot of medication now so, all my medications are covered, all my doctor visits. Before when I was uninsured, I didn’t even bother going to the doctor. So, once I went, I found out all these things that were wrong with me. So, it definitely helped. – 32-year-old, Asian male, California

It’s for my kids, obviously, but my son has asthma. It’s really important to me that he has insurance. He’s had two asthma attacks, where I’ve had to take him to urgent care, or to the emergency room at the hospital. I didn’t have to worry about how I was going to pay for that visit or all the services that they were going to provide. – 50-year-old, Hispanic female, Tennessee

In recent years, many participants had ongoing health and financial challenges, some of which were exacerbated during the pandemic. The pandemic was hard for many participants. Several lost jobs early in the pandemic and while some managed to find other full-time work, others were cobbling together part-time gig work or still not working. Many got sick with COVID-19; some said they had lingering side effects and one person reported developing long-COVID. Recent inflation pressures were adding to financial concerns for some participants. Several said buying food and paying for normal expenses has gotten harder and some were forced to move because they could no longer afford their rent. These health and financial challenges made affordable coverage through Medicaid even more valued than prior to the pandemic for a number of enrollees.

I’m customer service, I work with the general public and a lot of people in San Diego do take public transportation, so I have to be out there and on top of that, I ended up getting COVID. So that kind of screwed everything. I have COVID long haul now, so now my hours are all depending on how my body feels…sometimes I get 40 hours, sometimes I get 15, 20 hours. I don’t have set hours anymore because now with COVID it just, my income goes up and down. – 51-year-old, Hispanic male, California

Gig work just means that it’s penny to penny, paycheck to paycheck if you will. And like somebody mentioned earlier, you know, one week you’ve got 40 hours of work, the next week you have 20… can’t plan well. And so having the security of the Medicaid is everything. – 39-year-old, White female, Oregon

I don’t know, I have gotten into therapy over the last year and a half or so and I don’t know that I would be doing as well overall if I hadn’t and I wouldn’t be able to afford therapy or all the handful of medications I take every morning, if not for this [Medicaid]…- 42-year-old, White male, Michigan

Knowledge of the Continuous Enrollment Provision

Among focus group participants, awareness that Medicaid coverage had been protected during the pandemic was limited. Some states seem to have done a better job of communicating that coverage was being continued because of the pandemic, including Arizona, California, Colorado, and Texas, where some participants reported receiving notices saying their coverage had been renewed because of the pandemic. At the same time, other participants in these states and in other states claimed not to know about the provision, and most were unaware disenrollments would resume soon.

[I learned I had been automatically renewed] by a letter that I received. It was around November, saying that they renewed me again without me doing anything because of COVID, based on what they said in the letter. – 56-year-old, Hispanic male (Spanish-speaking), Arizona

It was in my portal, and they also sent me a letter in the mail to let me know that my kids had another year of Medicaid due to COVID-19. – 35-year-old, Hispanic female (Spanish-speaking), Texas

I was not informed of that by the State of Michigan. Seems like they, seems like it would, that should be something that could come out in one of the many letters they send. –  42-year-old, White male, Michigan

I think it’s [continuous enrollment] a good thing just because the cost of insurance. I mean if you have regular insurance nowadays you have the deductibles, you have, there’s still a lot of out-of-pocket costs and everything costs so much now that pharmaceuticals are going sky high. –  63-year-old, Black female, Arizona

Although most participants did not know that disenrollments in their states could begin as early as April 1, 2023, all said they would seek to renew their coverage although some were worried that they are at risk of losing coverage, especially as inflation concerns and health issues persist. All participants wanted to keep their coverage and planned to take steps to renew. While most participants had not heard that their states would be resuming disenrollments soon, some reported receiving a notice with this information or seeing it in their online account. Several participants who had changed jobs, gotten promotions, or increased their hours were worried they might lose coverage. Some were worried about losing coverage even if nothing changed in their economic circumstances. Many said they would seek help in trying to retain coverage if needed, from local assistance organizations, the local Medicaid/social service office, or from friends and family.

It’s kind of caught me off guard a little bit. I haven’t received any notice about [the end of continuous enrollment] so, uh, at least now I know like, I need to get my documents together. I haven’t heard about it and I haven’t received any notification from Medicaid at all. – 36-year-old, White female, Ohio

Every time I go to my account with my information, everything is written there. Before you log in, the whole message is there. How after March 31st, you’ll need to reapply or renew your benefits – 31-year-old, Hispanic female, Texas

The only reason I’ve been able to stay on Medicaid is because of this [continuous enrollment provision]. And I think I make like a thousand dollars over the limit for being qualified, but like I said, I’m paycheck-to-paycheck regardless, so I’m actually really concerned about not qualifying once this happens. – 32-year-old, White female, Oregon

I mean honestly my concern is just not totally understanding exactly what will disqualify me, so it would be nice to know more about that…nothing has really changed, but I still don’t trust it. – 39-year-old, White female, Oregon

Communicating with Medicaid

Most participants said they choose to receive communication from the Medicaid agency in multiple ways, including mail, email, text, and through their online accounts, so they do not miss important information about their coverage. Regardless of the preferred method for receiving information, most participants expressed concern about not wanting to miss information from Medicaid. Some participants said they prefer email, but others said their inbox was so full they worried important information would get lost. Participants in some states said they receive text messages and reminders; however, rules about text messaging vary by state. Similarly, participants in some states said they could receive notices through their online accounts but not everyone said they had that option. Even if participants preferred receiving notices and information through their online accounts, they also wanted to receive renewal reminders through other modes in case they forgot to check their accounts.

I have all of that [email, text, mail communications] because you just have to be aware now because…they don’t care if you didn’t get it. If you missed it, that’s it, you’re done you got to redo it all over again. – 34-year-old, Hispanic female, Arizona

For me, [communication] by email [is best]. But at the same time, it makes me wonder if maybe I might not get some mail that’s important…You get it once or twice a year, but it’s crucial information, and I wouldn’t want to not get that information. – 45-year-old, Hispanic male (Spanish-speaking), California

While many participants said Medicaid notices are clear and understandable, others found communications confusing, and some said they do not read the whole document. Most participants said they always read the Medicaid notices because they generally contain important information about their coverage. However, some participants admitted that sometimes they do not read all of the notices, in some cases because they felt the information was duplicative and unnecessary. Most participants said the notices clearly described any actions they needed to take and provided deadlines for renewing coverage or scheduling appointments. Some participants said they felt like they got conflicting information through their notices and providers or caseworkers and had to call the agency to help sort things out. Spanish speaking participants said they were able to get notices in Spanish, though some said they preferred to get the notices in English because some of the terminology used in the Spanish translations was unfamiliar to them.

Yeah, the [Medicaid notices are] clear. When you apply, they give you the information in whatever language you want to receive them in, so for me, they’re clear. – 39-year-old, Hispanic female (Spanish-speaking), Colorado

I have received some [notices] in the mail and the envelopes is bigger than a normal envelope and in black and bold letters it says your Texas Benefits. So, I normally open those right away. And I’ve never had any issues understanding what directions, you know, they’re trying to give me, or if I need to do anything. Because usually if I have to send something back, they’ll send me an e-mail with the link. – 50-year-old, Hispanic female, Texas

Sometimes you get the notices you’re told on the phone, for example, you’re approved everything’s done, you don’t need anything, we’ve got everything we need. Then you get a notice in the mail that oh, I need all of these things that they just told you didn’t need. So now you’re confused…it is like kind of in circles…And then you call, you’ve got to wait a billion hours on the phone to get somebody through, then they don’t know what you’re talking about. – 34-year-old, Hispanic female, Arizona

As far as Spanish, I think they use a term very rigidly, not how someone would normally speak it or understand it. That’s why people who understand it easily in English maybe won’t understand it [in Spanish]. – 35-year-old, Hispanic male (Spanish-speaking), Missouri

Participants had mixed experiences with calling the Medicaid agency. Participants may call the Medicaid agency to discuss issues with current coverage or about renewals. Some participants reported very long wait times calling Medicaid while others said they were only on hold for just a few minutes, and a participant in Arizona said wait times had gotten better recently. Those who faced long wait times described the calls as stressful. Prior to the pandemic, when calls were related to renewal of coverage participants said they were nearly always able to get this issue resolved, although sometimes the calls took several hours. However, participants seemed to have less success getting questions about participating providers or how to access certain services answered.

So, I was on hold with the Ohio Medicaid office for four hours trying to get verified for mine and my husband’s Medicaid. Yeah it took me four hours to get through to talk to someone. – 36-year-old, White female, Ohio

Despite broad-based efforts in many states to conduct outreach, most participants said they had not been asked by their Medicaid agency to update their contact information to prepare for the unwinding of the continuous enrollment provision. While some participants said they had recently updated their contact information after moving, only a handful said they had received a message from their state asking them to do so. Among those who had updated their information recently, they described the process as straightforward. Some updated their information through their online account, while others called the Medicaid agency to provide the information. They also noted the importance of updating their contact information with their managed care organization (MCO) or primary care physician, which they did as a separate step.

In the letters that they send me, reminder letters, they always remind me when I make a change. The same when you call on the phone, they ask if you’ve changed your address, phone number, or email. Because those are the three ways that they contact you. If there’s any changes, you can do it over the phone, and they’ll change it for you right away. – 50-year-old, Hispanic female (Spanish-speaking), Tennessee

It was fairly easy [to update contact information]. I just went through the app and did it and then I had to go through all of the PCP… or I had to go through PCP and everybody else and updated it. It took a minute, but I got it done. – 35-year-old, Hispanic female, Michigan

When it comes to communications about the unwinding of the continuous enrollment provision, participants said they want to hear about what to expect through multiple communication modalities and from different sources. Given the significance of the potential impending changes to their coverage, participants wanted states to communicate directly about the changes in many ways, using mail, email, text, and though their online accounts—the same ways in which participants receive regular notices. Because these changes are so significant, several also said they would like a personal phone call telling them what to expect. When asked specifically about using text messages, some people said they thought it was a good way to communicate, while others worried about fraud and that some people might ignore the message. Participants stressed the importance of making sure people understand the urgency of the information. They wanted the information to clearly indicate what actions people need to take and when and they wanted it early enough that they would have time to take the necessary steps to renew their coverage. Beyond communications from the Medicaid agency, participants also wanted to hear information from their doctors, from the media, and through social media. Some mentioned advertising on billboards, buses, and other places where people would likely see the information.

I think that besides mail, e-mail also, but bold, the March 31st should be in bold, I mean it should be, something that really stands out to let you know, this isn’t just the standard mail that you get, this is really serious or important to pay attention to it. – 63-year-old, Black female, Arizona

A text message, if it’s something more informative in general for all people, I think a text message would be the easiest, and in a way that most or almost all people would learn about it. – 39-year-old, Hispanic female (Spanish-speaking), Colorado

I don’t think text message because it’s a really public thing. As opposed to email, which is something a little more private. The same thing with social media. I think that’s a bad idea. – 20-year-old, Hispanic female, (Spanish-speaking), New Jersey

I would say get it to the doctors, the PCPs themselves and have a general service message from them saying, hey, if you have any customers that are under these government funded programs… to go ahead and tell them specifically. – 39-year-old, White male, Arizona

Applying for and Renewing Medicaid

Many participants had applied for Medicaid online and described the process as easy. For most participants, the online application was easy to complete and did not take a long time. But some, particularly those who were applying based on disability, had to provide what they described as a lot of paperwork and experienced delays in having coverage approved. Many states have integrated the Medicaid application with other social service benefits, such as SNAP and TANF. A couple of participants said they were able to apply for Medicaid and SNAP at the same time and one participant said she got Medicaid when she applied for unemployment benefits during the pandemic.

I have been enrolled since June of this past year, when I was laid off from a job. But I recall the process being fairly, fairly easy actually to get coverage. – 29-year-old, Hispanic male, Oregon

I applied when I found out I was pregnant last year around May, and the process was very easy, I applied online and they contacted me pretty quickly and they sent out everything. – 21-year-old, Black female, Michigan

It’s never been hard for me to fill out an application or anything because the process is easy. Now, everything is online. – 50-year-old, Hispanic female, Tennessee

The process for applying for both me and my husband was extreme. Like they wanted so much paperwork and it took us about two months to finally get qualified for it. – 36-year-old, White female, Ohio

Participants described a range of experiences renewing their Medicaid coverage, but many said the process was simple, particularly during the past few years. While states have not been able to disenroll people from Medicaid, many states have been continuing to process renewals during the continuous enrollment period using ex parte (verifying eligibility through data matches) and through more traditional renewal processes. Many participants said their coverage had been auto-renewed—they described receiving a notice from the state saying their coverage had been renewed for another 12 months—while others described receiving a renewal packet or form in the mail or a notice to complete the renewal form online to maintain their coverage. Still others reported having to submit documentation to the state to confirm continued eligibility. Variation in participant experiences could be due to different renewal policies across states but could also result from different requirements depending on a person’s eligibility pathway. For participants who had to take steps to complete the renewal process, most said they received notices in advance of their renewal date giving them enough time to complete the forms. At least one person noted that if they didn’t respond to the initial notice, the state would usually follow up within another notice or renewal packet. Some who have had Medicaid for a longer time said the process to renew coverage has gotten easier over time.

Every year they sent me something before to sign, and it stated that for renewal, we just want you to go over the details and make sure nothing changed, or if something changed write it down and they have me just sign on paper. And then a couple years after that I started just getting auto renewal notices where they just sent you a piece of mail saying, oh you’ve been renewed and your MediCal is active through the next year. – 32-year-old, Asian male, California

[Medicaid] sent me the form at the beginning of December, and they give you a month. It said, “You have to fill out this form if there have been changes in your household.” I filled out the form, and it gave a deadline. I put the name and everything, and I sent it back. – 39-year-old, Hispanic female (Spanish-speaking), Colorado

When I had Medicaid for the first time…you had to go there, physically, to the office once a year, turn in all your paperwork, and not be missing anything…Recently, for me, it’s been a drastic change because everything is online…I find it super easy, compared to how it was in the past. – 46-year-old, Hispanic male (Spanish speaking), Florida

In managing renewals pre-pandemic, some participants shared that there was a time when they did not receive the renewal packets or notices sent through the mail and either lost coverage for a period of time or nearly lost coverage before renewing. In some cases, participants knew their coverage was about to lapse and contacted their case worker or called the Medicaid agency to complete the renewal over the phone or to request that the renewal information be resent. Other participants said they did not realize their coverage had been terminated until they went to the doctor’s office or hospital. Although participants in these groups did not experience adverse health effects during the gap in coverage, they described feeling stressed and anxious while they tried to get their coverage reinstated.

They’re supposed to send you the renewal packet at least one month in advance to give you time to fill all that out…Unfortunately, the packet never came through, I had to request a new packet, I missed my window. I ended up almost losing my health insurance until I asked my caseworker who…got me the renewal packet, a different one, and the new appointment date and requested an emergency appointment to renew, because just lapsing even a couple of days without insurance can be scary. – 51-year-old, Hispanic male, California

Risks and Challenges Tied to Potentially Losing Medicaid

If they no longer qualified for Medicaid, participants said they would look for coverage through the Marketplaces or possibly from their employer, but affordability was an overriding concern. Most were aware of the health insurance Marketplaces and said they would search for coverage there. Awareness of how to apply for coverage through the Marketplace was fairly high; however, many who previously had Marketplace coverage recounted having difficulty affording premiums and deductibles, even when they had more stable employment. Participants may not have been aware that they might be eligible for zero premium subsidies in the Marketplace since those enhanced subsidies became available in 2021 after many participants had already gained Medicaid coverage. Some said they could potentially obtain insurance through an employer, but worried premiums would not be affordable. Several said they would become uninsured, and some parents said they would forego coverage for themselves but would make sure they could get other coverage for their children. All participants expressed concern over the disruption that losing Medicaid would cause. Even if they could find affordable insurance, they worried about having to find new doctors, particularly for their children.

Yeah, I’d go [to the Marketplace] there to see what plan, and if the price would work for me each month, whether I can afford it. – 56-year-old, Hispanic male (Spanish-speaking), Arizona

I might just have to go through my job’s insurance program they have [if I lose Medicaid]. It’s super expensive but I probably wouldn’t even get insurance for myself. I would just get it for my kids. I just worry about my kids first. – 37-year-old, Hispanic male, Texas

I don’t think [there are other options]. I think when you lose Medicaid, there won’t be anything similar. I think there would be some type of coverage, but it would definitely be at a cost and not with the same coverage as Medicaid. – 39-year-old, Hispanic female (Spanish-speaking), Colorado

I feel like with the cost of everything going up, we’re just breaking even with paying rent and buying groceries. If we were to lose the Medicaid coverage and have to go back to the healthcare Marketplace and have to pay for medical needs, maybe we’ll cover our rent but we’re not going to be able to buy the same groceries. We’re going to have to stretch everything out. We’re not going to have a lot of personal money. It would definitely affect us. – 36-year-old, White female, Ohio

I’d have to go back to what I did before Medicaid. [Being uninsured] is difficult because me and everybody else go to the same free place to get help. So, there’s a long waiting list to get resources and things like that. You’re not guaranteed anything. At least with Medicaid you’re guaranteed you can get medical help. – 60-year-old, White female, Mississippi

Losing Medicaid would pose significant challenges for participants that they said would affect their health as well as their finances. Many participants are managing serious health issues for themselves, their spouses, or their children and losing Medicaid coverage would disrupt their access to care and ability to manage their conditions. They used terms like “terrifying” and “devastating” to describe how they would feel if they no longer had Medicaid. Participants also noted that losing coverage right now, with inflation still relatively high, would create additional financial burdens as they are already struggling to pay current expenses and would have a hard time affording new costs for health insurance. While some worried that they may no longer be eligible due to a change in income, many individuals worried about losing coverage even if their economic circumstance did not change as disenrollments resume for all enrollees over the next 12 to 14 months.

I think it’d affect [me] in every way. Mentally because, obviously, losing a low-cost service and paying for something as costly as private insurance would affect you emotionally, financially. It’s really important right now to have that type of service like Medicaid. – 34-year-old, Hispanic male, Missouri

My baby has to be constantly going in for her checkups. She’s a little baby that’s seen every two months for her shots and everything. I worry because, if she didn’t have Medicaid, maybe I could refrain from going to the doctor. But her shots are a must, so just thinking that she won’t have insurance is something that worries me. – 39-year-old, Hispanic female (Spanish-speaking), Colorado

If it wasn’t for Medicaid, I wouldn’t be able to get the medication I need to function…I mean just to be able to get out of bed and spend time with family, be able to leave the house, I mean it is so important. And I’m scared for all these people because if they lose their Medicaid nine times out of ten, they’re going to be out there without insurance. – 51-year-old, Hispanic female, Texas

[When] my daughter was young we did not have insurance at all. I was a waitress and a single mom, and it was terrifying that I knew every time she got sick, I didn’t have money to take her to the doctor, so I just had to take her into the ER and just get a bill that I knew was going to go to collections because I couldn’t pay it….To being able to be on Medicaid where it’s like okay, you’re sick you need to go to the doctor, let’s go. It goes from this feeling of being like a burden on society and not feeling like you deserve even medical care, to feeling like, ‘Oh I’m a valid human being who I deserve to be able to receive care in this country that we’re in.’– 44-year-old, Black female, Oregon

He [her son] has surgery coming up, but then he also sees a behavioralist, he has childhood anxiety and some other things going on that we have been seeing her for a year, but we’re just really starting to dig in and get things figured out. So, he would lose all of that I feel like because even if I got something through the Marketplace, I don’t know that I would be able to afford to pay copays for all of his visits, because those would add up too. So, yeah it’s just terrifying. It would be devastating. – 39-year-old, White female, Oregon

Looking Ahead

After a three-year pause, states will resume Medicaid disenrollments beginning April 1. All current Medicaid enrollees will undergo a redetermination over the next 12 to 14 months, and unlike during the past three years, enrollees could be disenrolled if they are no longer eligible or if they do not complete the renewal process. While there are federal rules and guidelines about enrollment and renewal processes, how Medicaid enrollees will be affected will vary across states because of differences in renewal polices, outreach and communication strategies, and in the capacity of staff to handle the volume of renewals. State policy choices and how those policies are implemented will be important factors in how many still eligible enrollees are able to retain Medicaid or transition to other sources of coverage if they are not still eligible for Medicaid.

The lack of awareness that Medicaid coverage had been protected during the pandemic and that disenrollments could start in April suggests enhanced communication efforts from states, providers, and community-based organizations using multiple modes may be important. While participants in our focus groups were generally aware of the need to renew their coverage and intended to act in response to a renewal notice, continued state efforts to increase ex parte renewal (automatic renewals using available data) rates and to simplify the process when individuals need to take action to renew their coverage can help promote continuity of coverage for those who remain eligible for Medicaid. States can also adopt strategies to help those who are no longer eligible for Medicaid transition to other coverage options. However, some states may be concerned about the administrative resources required, as well as the costs associated with continued elevated Medicaid enrollment.

Although knowledge among participants about the availability of Marketplace coverage was high, concerns about the affordability of that coverage may prevent people from exploring their options, even though enhanced subsidies have made ACA coverage more affordable. Facilitating account transfers to the Marketplace for people whose Medicaid coverage is terminated and providing information on the availability of enhanced Marketplace subsidies could help increase the number of people who enroll in Marketplace coverage and avoid becoming uninsured.

Appendix

Appendix Table 1: Characteristics of Focus Group Participants
News Release

Medication Abortion in the Courts: What’s at Stake?

Published: Mar 8, 2023

Access to medication abortion has emerged as a central issue following the Dobbs decision overturning Roe v. Wade. There is ongoing litigation in four federal cases about the FDA’s approval and regulation of mifepristone, one of the two drugs used in medication abortion. Mifepristone, approved by the FDA in 2000, has a long record of safety and effectiveness and has been used by more than 5 million people in the United States.

In the most watched case, Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration, the court could rule to invalidate the FDAs 23-year-old approval of mifepristone or potentially limit the distribution of this drug for abortion, even in states where abortion remains legal. The ruling could also limit the availability of misoprostol, the other drug used in the medication abortion regimen. While these cases focus on abortion, the outcome of the litigation could have broader impact on the FDA’s future authority to regulate a wide range of other drugs.

In advance of the decision, we’re sharing key KFF resources that explain the medication abortion landscape related to what’s at stake and how women could be affected.

The Availability and Use of Medication Abortion 

Examine medication abortion, how it is used and regulated, the role of the drug in self-managed abortions, and an analysis of the intersection of federal and state regulations affecting its provision and coverage.

Key Facts on Abortion in the United States

Answer key questions about abortion in the United States.

State Health Facts

Get up-to-date and easy-to-use health data for all 50 states, the District of Columbia, and the United States. The Women’s Health category includes indicators for abortion.

State Profiles for Women’s Health

Explore the latest national and state-specific data and policies on women’s health, including abortion policies.

KFF Health Tracking Poll: Early 2023 Update On Public Awareness On Abortion and Emergency Contraception

Study the results of our February KFF Health Tracking Poll, which found widespread public confusion about the medication abortion pill and whether abortion is legal at the state level.

Abortion Bans May Limit Essential Medications for Women with Chronic Conditions

Explore an analysis about the use of methotrexate and misoprostol; the majority of those who use these drugs are women who are not pregnant but have diagnoses for other chronic conditions and rely on these medications to manage their health.

Abortion in the U.S. Dashboard

Review a variety of resources about abortion in the United Sates and track state abortion policies and litigation following the overturning of Roe v. Wade. 

Poll Finding

The COVID-19 Pandemic: Insights from Three Years of KFF Polling

Authors: Ashley Kirzinger, Marley Presiado, Isabelle Valdes, Liz Hamel, and Mollyann Brodie
Published: Mar 7, 2023

Trust in public health officials declined over the course of the pandemic, particularly among Republicans. Over the course of the pandemic, KFF polling has found a decline in trust of public health officials – most notably among Republicans. In 2022, majorities of Democrats continued to say they have at least a fair amount of trust in the CDC, the FDA, and Dr. Fauci, while less than half of Republicans had the same level of trust in public officials as they did at the beginning of the pandemic.

Trust In Government Sources For COVID-19 Vaccine Information Has Fallen, Particularly Among Republicans

 

Confusion and belief in misinformation about COVID-19 is common. Misinformation about health care topics is nothing new, but social media, the polarization of news sources, and the pace of scientific development on COVID-19 all contributed to an environment that made it easier than ever for misinformation and deliberate disinformation to spread. In late 2021, nearly eight in ten adults said they had heard at least one of eight different false statements about COVID-19 and that they believed it to be true or were unsure if it was true or false. Unvaccinated adults were more likely to report believing COVID misinformation than those who are vaccinated.

Nearly Eight In Ten Believe Or Are Unsure About At Least One Common Falsehood About COVID-19 Or The Vaccine

 

Early gaps in COVID-19 vaccination rates between Black, Hispanic, and White adults were largely eliminated by the end of 2021. When COVID-19 vaccines first became publicly available in early 2021, Black and Hispanic adults were less likely than White adults to report being vaccinated. This gap reflected both difference in vaccine access, such as not having paid time off work to get vaccinated or not having a trusted place to get the vaccine, as well as concerns and questions about vaccine safety and side effects. Over time, as public health officials and community groups worked to provide access and offer answers to people’s questions, this gap narrowed and eventually closed. Recent surveys find that the share of Black and Hispanic adults who report being vaccinated is roughly equal to the share among White adults. In fact, the share of White adults who say they will “definitely not” get vaccinated has been higher than the shares among Black and Hispanic adults in most recent polls.

Black And Hispanic Adults Lagged In Vaccine Uptake Early But Matched White Adults By End Of 2021, Small Shares Remain Vaccine Resistant

 

Partisanship played a strong role in self-reported public health behaviors. Since the beginning of the pandemic, KFF COVID-19 Vaccine Monitor surveys have found a strong relationship between partisanship and people’s willingness to take preventive actions to protect themselves and others from COVID-19. Democrats have been consistently more likely than Republicans to report wearing masks, social distancing, and getting vaccinated for COVID-19. Immunocompromised people, regardless of partisanship, are also among the groups most likely to report taking precautions.

Partisans Report Different Rates Of Bivalent Booster Uptake And Mask Wearing

 

The COVID-19 pandemic has had broad impacts beyond health. The pandemic has taken a heavy toll on adults and children over the last three years. Whether it comes to their education, work, finances, mental or physical health, many – regardless of race, ethnicity and income – have reported feeling the negative effects of the pandemic. Parents are particularly likely to say their children have been negatively affected, with more than six in ten saying the pandemic has had a negative effect on their children’s education and nearly as many saying the same about their children’s mental health. About half of all adults say that the pandemic has had a negative effect on their own mental health, while four in ten say the same about their physical health and their financial situation.

Half Say COVID-19 Pandemic Had A Negative Impact On Their Mental Health, Four In Ten On Physical Health, Financial Situation

COVID-19 Cases, Deaths, and Vaccinations by Race/Ethnicity as of Winter 2022

Published: Mar 7, 2023

As we pass the three-year mark since the World Health Organization characterized the COVID-19 pandemic on March 11, 2020, data from the U.S. show that cases and deaths have remained relatively low through the second half of 2022, over 8 in 10 people (81%) had received at least one COVID-19 vaccination dose as of February 23, 2023, while only 17% of people ages five and older had received an updated bivalent booster dose. Over the course of the pandemic, racial disparities in cases and deaths have widened during variant surges and narrowed when cases and deaths fall. However, overall, Black, Hispanic, and American Indian and Alaska Native (AIAN) people have borne the heaviest health impacts of the pandemic, particularly when adjusting data to account for differences in age by race and ethnicity. While Black and Hispanic people were less likely than their White counterparts to receive a vaccine during the initial phases of the vaccination rollout, the disparities in the share that have received at least one COVID-19 vaccination dose have narrowed over time and reversed for Hispanic people. Despite this progress, a vaccination gap persists for Black people and Black and Hispanic people are about half as likely as their White counterparts to have received an updated bivalent booster dose.

This data note presents an update on the status of COVID-19 cases and deaths by race and ethnicity as of December 2022 and vaccinations by race/ethnicity as of February 2023, based on federal data reported by the Centers for Disease Control and Prevention (CDC).

What is the status of COVID-19 cases and deaths by race/ethnicity?

Racial disparities in COVID-19 cases and deaths have widened and narrowed over the course of the pandemic, but when data are adjusted to account for differences in age by race/ethnicity, they show that AIAN, Black, and Hispanic people have had higher rates of infection and death than White people over most of the course of the pandemic. 

Early in the pandemic, there were large racial disparities in COVID-19 cases. Disparities narrowed when overall infection rates fell. However, during the surge associated with the Omicron variant in Winter 2022, disparities in cases once again widened with Hispanic (4,404.9 per 100,000), AIAN (4,148.6 per 100,000), Black (3,029.4 per 100,000) people having higher age-adjusted infection rates than Asian (2,873.4 per 100,000) and White people (2,826.4 per 100,000) as of January 2022 (Figure 1). Following that surge, infection rates fell in Spring 2022 and disparities once again narrowed. During Summer 2022, there was a slight rise in infection rates with higher age-adjusted infection rates for Hispanic, AIAN, Black, and Asian people compared to White people. Between Fall/Winter 2022, infection rates fell across groups, but as of December 2022, the age-adjusted COVID-19 infection rates were highest for Hispanic people (488 per 100,000) and AIAN people (440 per 100,000). White and Asian people had the lowest infection rates at 313 per 100,000 and 329 per 100,000, respectively.

While death rates for most groups of color were substantially higher compared with White people early in the pandemic, since late Summer 2020, there have been some periods when death rates for White people have been higher than or similar to some groups of color. However, age-adjusted data show that AIAN, Black, and Hispanic people have had higher rates of death compared with White people over most of the pandemic and particularly during surges. For example, as of January 2022, amid the Omicron surge, age-adjusted death rates were higher for Black (37.6 per 100,000), AIAN (34.8 per 100,000), and Hispanic people (30.0 per 100,000) compared with White people (23.5 per 100,000) (Figure 1). Following that surge, disparities narrowed when death rates fell. As of December 2022, age-adjusted death rates were similar across groups at 4.4 per 100,00 for White people, 3.8 per 100,000 for AIAN people, 3.7 per 100,000 for Black people, 3.5 per 100,000 for Hispanic people, and 3.2 per 100,000 for Asian.

COVID-19 Monthly Age-Adjusted Cases in the United States per 100,000 by Race/Ethnicity, April 2020 to December 2022

Despite these fluctuations in patterns of cases and deaths by race and ethnicity over time, total cumulative age-adjusted data show that AIAN and Hispanic people have had higher risk for COVID-19 infection and AIAN, Hispanic, and Black people have had higher risk for COVID-19 deaths compared with White people. As of December 28, 2022, cumulative age-adjusted data showed that AIAN and Hispanic people were about 1.5 times as likely to be infected with COVID-19 compared with White people (Figure 2). AIAN people were twice as likely as White people to die from COVID-19, and death rates for Hispanic and Black people were 1.7. and 1.6 times higher than White people, respectively. AIAN, Black, and Hispanic people also have had increased risk of hospitalization due to COVID-19 compared with White people.

Cumulative Age-Adjusted Risk of COVID-19 Infection, Hospitalization, and Death, Compared to White People in the United States

What are COVID-19 vaccination and booster patterns by race/ethnicity?

While disparities in the uptake of at least one COVID-19 vaccination dose have narrowed over time and have been reversed for Hispanic people, they persist for Black people. KFF analysis shows that at both the federal and state level, there were large gaps in vaccination for Black and Hispanic people in the initial phases of the vaccination rollout, which narrowed over time and eventually reversed for Hispanic people. Despite this progress, a vaccination gap persists for Black people. According to the CDC, over 8 in 10 people (81%) had received at least one COVID-19 vaccination dose as of February 23, 2023, and race/ethnicity was known for 76% of people who had received at least one dose. Based on those with known race/ethnicity, about half (51%) of Black people had received at least one dose compared with 57% of White people, roughly two-thirds (67%) of Hispanic people, and over seven in ten Native Hawaiian and other Pacific Islander (NHOPI) (71%), Asian (73%), and AIAN (78%) people (Figure 3).

Overall, few people have received the updated bivalent booster vaccine dose, and Black and Hispanic people are about half as likely as White people to have received this booster so far. The updated bivalent boosters protect against both the original virus that causes COVID-19 and the BA.4 and BA.5 Omicron variants. These boosters became available for people ages 12 years and older on September 2, 2022, and for people ages 5-11 years old on October 12, 2022. The CDC recommends that people ages 5 years and older receive one bivalent booster at least 2 months after their last COVID-19 vaccine dose. The CDC reports that, overall, 17% of people over age five have received the updated bivalent booster vaccine dose as of February 23, 2023, with race/ethnicity data available for 90% of recipients. Based on those with known race/ethnicity, 21% of eligible Asian people had received a bivalent booster dose, higher than the rate for White people (16%). Rates were slightly lower for eligible AIAN (14%) and NHOPI (11%) people, while eligible Black (9%) and Hispanic 8%) people were about half as likely as their White counterparts to have received the bivalent booster dose (Figure 3).

Percent of People Receiving At Least One Dose of the COVID-19 Vaccines by Race/Ethnicity, as of February 22, 2023

Discussion

While disparities in cases and deaths have widened and narrowed over the course of the pandemic, age-adjusted data show that AIAN, Black, and Hispanic people have had higher rates of cases and death compared with White people over most of the course of the pandemic and that they have experienced overall higher rates of infection, hospitalization, and death.

Data point to significantly increased risks of COVID-19 illness and death for people who remain unvaccinated or have not received an updated bivalent booster dose. During the initial vaccine rollout, Black and Hispanic people were less likely to receive vaccines than their White counterparts. However, disparities in the uptake of at least one COVID-19 vaccination dose have narrowed over time and reversed for Hispanic people, though they persist for Black people. Despite this progress in initial vaccination uptake, overall uptake of the updated bivalent booster dose has been slow so far, and eligible Black and Hispanic people have been about half as likely to have received an updated booster than their White counterparts.

Overall, these data show that although the pandemic has contributed to growing awareness and focus on addressing racial disparities, they persist, reflecting the underlying structural inequities that drive them. The findings highlight the importance of a continued focus on equity and efforts to address inequities that leave people of color at increased risk for exposure, illness, and death as well as to close gaps in access to health care, as COVID-19 recovery continues.

Ten Numbers to Mark Three Years of COVID-19

Published: Mar 6, 2023

On March 11, 2020, the World Health Organization (WHO) first characterized COVID-19 as a “pandemic,” stating, “We have rung the alarm bell loud and clear.” As we mark three years since then, here are 10 key data points that illuminate the challenges, and progress, made to date. All data provided are as of Feb. 28, 2023, unless otherwise noted.

1,095

The number of days elapsed between March 11, 2020, to March 11, 2023

March 11, 2023 marks 1,095 days since WHO first characterized COVID-19 as a pandemic.  Even prior to that date, on January 30, 2020, the WHO had already declared COVID-19 to be a “Public Health Emergency of International Concern” (PHEIC)  and the U.S. government declared COVID-19 to be a “Public Health Emergency” (PHE) on Jan. 31, 2020. The U.S. PHE has been renewed every 90 days since, although the Biden administration recently announced that the PHE will end on May 11, 2023.

6,859,093

Global number of COVID-19 deaths to date*

Since the pandemic began, there have been almost 7 million reported COVID-19 deaths worldwide. This is likely an underestimate, as many COVID deaths have gone unreported and uncounted. Estimates using excess death calculations place the true toll at closer to 15 to 20 million, or even more.

1,115,637

U.S. number of COVD-19 deaths to date

Since the start of the pandemic, more than 1.1 million of all reported COVID-19 deaths have been in the United States.

758,390,564

Global number of COVID-19 cases to date

There have been more than three-quarters of a billion confirmed COVID-19 cases to date, likely a fraction of the true number of SARS-CoV-2 infections, the virus that causes COVID. An accurate and up-to-date picture of where and how much the virus is transmitting has been challenging given limited testing, imperfect surveillance and reporting systems, and other factors.

103,268,408

U.S. number of COVID-19 Cases to date

More than a hundred million COVID-19 cases have been reported in the U.S. to date.

71%

Share of global population vaccinated against COVID-19

Overall, seven in 10 people worldwide have received at least one dose of a COVID-19 vaccine, and 65% have been fully vaccinated. However, much smaller shares have received a booster shot. In low-income countries, fewer than three out of 10 people have received at least one dose of a vaccine.  More information on vaccine coverage is available here.

81.2%

Share of U.S. population vaccinated against COVID-19

As of February 23, about 8 in 10 people in the U.S. have received at least one vaccine dose and 69.3% have been fully vaccinated against COVID-19, but the share who have received the updated booster, among those eligible, remains quite low, at just 17.2%.

671,582,379

Total number of vaccine doses administered in the U.S.

In the two years since COVID-19 vaccines have become widely available, over 671 million doses have been administered in the U.S., for a population that stands at approximately 330 million.

683,700,000

Number of vaccine doses delivered by the U.S. government for global use

In 2021, the U.S. government pledged to donate over 1 billion doses of COVID-19 vaccines to countries in need. As of February 2023, the U.S. had delivered over 680 million of these doses, and is the largest government donor to COVID-19 vaccination efforts.  The difference between total vaccines pledged and those delivered largely reflects increasing supply and falling demand for COVID-19 vaccinations globally.

Five

Number of named variants of concern

SARS-CoV-2 evolves and changes as it spreads over time, which has sometimes given rise to new “variants of concern”, or genetic changes in the virus with potentially harmful implications for public health. Since the original version of the virus emerged, WHO has identified 5 different variants of concern: Alpha, Beta, Gamma, Delta, and Omicron (the dominant global variant now in circulation).

*Case and death numbers used here are based on reports, and do not account for undercounts including in countries with very large populations, such as India and China.