Welcome to Wednesday’s Overnight Health Care.
The Supreme Court set the date for arguments in the latest ObamaCare case; New York City has hit a record low test positivity rate; and House Democrats are seeking a federal probe of HHS’ decision to shift COVID-19 data reporting from the CDC to a third-party.
We’ll start with ObamaCare:
Supreme Court to hear ObamaCare arguments one week after November election
Oral arguments for the Trump administration-backed lawsuit to strike down the Affordable Care Act (ACA) will be heard at the Supreme Court on Nov. 10, just one week after the presidential election.
If successful, the lawsuit would result in 20 million people losing health insurance while the country is in the middle of a pandemic. President TrumpDonald John TrumpThe Memo: Democrats pitch Biden as the back-to-normal candidate Obama congratulates Biden on formal nomination Jill Biden gives personal portrait of husband Joe MORE and congressional Republicans have no replacement plan.
Democrats have been hammering Trump over his position on health care, and the lawsuit is hanging over GOP campaigns across the country. That’s likely to continue.
Vulnerable Republican lawmakers up for reelection have largely dodged questions about their position on the lawsuit, given the law’s popularity and how Democrats’ defense of the ACA helped them win back the House in 2018.
Why it matters: Since arguments won’t be heard until after the election, the administration has some political cover. A decision likely won’t come until the spring.
Read more here.
Positive COVID-19 tests hit record low in New York City
The percentage of COVID-19 tests coming back positive has reached a record low in New York City, Mayor Bill de BlasioBill de BlasioOvernight Health Care: With Biden, advocates sense momentum for lifting abortion funding ban | Battle looms over Biden health care plan if Democrats win big | Dozens of public health officials are quitting during pandemic Dozens of public health officials are quitting during pandemic Trump touts NYC police union endorsement: ‘Pro-cop all the way’ MORE (D) said Wednesday, a sign that enough people are being tested and that the city has control of the virus.
“This is extraordinary,” de Blasio said during a press conference.
“Now we all know every day can vary. We all know there is no single perfect measure, but the fact that with expanded testing and more and more outreach all the time, you now see a number as low as 0.24 percent for the New York City infection rate, this is striking,” he said.
The World Health Organization recommends a test positivity rate of 5 percent or less before communities safely reopen. Rates in New York city and New York state are among the lowest in the nation.
“This should be a … call for all of us to double down and go further because the more we can do to beat down this virus, the more we can bring back this city,” de Blasio said.
Context: According to Johns Hopkins University, 18 states and…