Lance's Corner

NYSDOH Issues Report on Menthol Cigarettes

Sep 17, 2024

Per the notice below, the New York State Department of Health (NYSDOH) has issued a report on menthol cigarettes and how they factor into health care disparities.

State Health Department Releases Report Illustrating Persistent Disparities In Menthol Cigarette Use

"Menthol Is Not Just a Flavor" Report Addresses Tobacco Industry's Aggressive Marketing to Racial, Ethnic Minorities and Lower Income Communities

The New York State Department of Health released Menthol is Not Just a Flavor: Aggressive Marketing to Racial and Ethnic Minorities and Lower Income Communities Fuels Persistent Disparities in Menthol Cigarette Use, report showing persistent disparities in menthol cigarette use, highlighting the impact of aggressive tobacco industry marketing of menthol cigarettes in communities of color.

"The tobacco industry aggressively markets its deadly menthol products to the Black community, the LGBTQIA+ community, women, youth, and people living in urban and lower-income communities," State Health Commissioner Dr. James McDonald said.  "Smoking causes long-term disease and disability, as well as premature death, so we must continue to address the harmful impact commercial tobacco has on our communities as well as the predatory methods used to target them."

According to the report, among New York adults who smoke cigarettes, 49 percent report they usually smoke menthols.  Menthol cigarette use was highest among adults who smoke who identify as Black or African American (88 percent) and those who identify as Hispanic (70 percent); it was lowest among those who identify as White (35 precent) or as another race (44 percent).  Of adults who smoke, use of menthol cigarettes was higher among those reporting an annual household income less than $26,000 (61 percent) compared to those with incomes of $26,000 or more (42 percent).

Menthol is a chemical found in peppermint and other mint plants and when added to tobacco products, provides a cooling sensation that masks the harshness.  Cigarettes with menthol are easier to start and more addictive.  Menthol can also make it harder to quit smoking.  This report shows that menthol cigarettes are a significant risk to public health and to advancing health equity and underscores a continued need for tobacco control efforts to address the harms caused by the commercial tobacco industry.

Since 2000, the State's Tobacco Control Program has implemented evidence-based programming to reduce illness, disability, and death related to commercial tobacco use and secondhand smoke exposure, and to alleviate social and economic inequities caused by tobacco use.  The program uses an evidence-based, policy-driven, and population-level approach to tobacco control and prevention with a commitment to promote health equity among populations disproportionately impacted by tobacco marketing and use.  New York State remains a leader in tobacco control and prohibited the sale of flavored e-cigarettes or nicotine vapor products, including menthol-flavored products, in 2020.  The program also funds 21 Advancing Tobacco-Free Communities grantees to educate community leaders and the public about the dangers and social injustice of tobacco marketing and engage local stakeholders to promote community changes that limit the commercial tobacco industry's presence, de-normalize tobacco use and eliminate exposure to secondhand smoke.  In conjunction with the Department, local partners, launched the award-winning media campaign to draw attention to the tobacco industry's marketing and promotion of menthol-flavored tobacco products to youth, Black, and LGBTQIA+ communities in 2021.  The Tobacco Control Program's efforts and actions have contributed to record-low youth and adult smoking rates in New York State but there is much work to be done to address the health disparities issues caused by tobacco marketing.  Promoting proven public policies to reduce tobacco use, such as policies that prohibit, restrict, or decrease sales of menthol tobacco products, can help protect communities disproportionately impacted by tobacco-related disparities.  Sales restrictions on flavored tobacco products, including menthol products, are gaining momentum at all levels of government and most New York adults support these policies.  Health systems and providers can also improve equitable access to evidence-based quitting resources, such as counseling and medication, and while emphasizing culturally sensitive quit coaching.

New Yorkers who want help to quit smoking or vaping, including counseling and medication, can talk to a health care provider or contact the New York State Quitline.  The New York State Quitline provides free, confidential services, including information, tools, quit coaching, support in both English and Spanish, and free Nicotine Replacement Therapy (NRT), such as patches and gum.  Services are available by calling 1-866 NY-QUITS (1-866-697-8487), texting (716) 309-4688, or visiting www.nysmokefree.com for information, to chatting online with a Quit Coach or signing up for Learn2QuitNY, a six-week, step-by-step text messaging program to build the skills needed to quit any tobacco product.  The Quitline provides resources for people to learn more about menthol, including how menthol affects African American, LGBTQIA+, and Hispanic or Latinx communities as well as tools to help quit menthol tobacco products.  Information about the Department's Tobacco Control Program can be found here.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc