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ABB, EPI, and NELP Release Toolkit For Advocates and Policymakers On Model Policies Local Governments Can Implement to Raise Standards For Frontline Workers During COVID and Beyond

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Washington, DC— Today, the National Employment Law Project (NELP), A Better Balance (ABB), and the Economic Policy Institute (EPI) released a toolkit for advocates and policymakers featuring four model policies that cities and counties can implement immediately to respond to workers’ calls for safety and dignity on the job—in the pandemic and beyond. The four model policies would advance premium pay, paid sick days, COVID-19 worker health and safety, and protection against retaliation.

Over a year into the COVID-19 crisis, federal law still does not guarantee workers premium pay for working on the frontlines during emergencies; the right to paid days off when they or family members are sick; enforceable COVID-19 health and safety protections; and adequate protection against being punished for speaking up on the job about unsafe conditions or violations of their rights. Far too many state laws and corporate policies also fall short when it comes to these standards.

Occupational segregation has disproportionately pushed Black and Latinx workers, the majority of them women, into underpaid, yet always essential, jobs that are now on the frontlines of the pandemic. Across the country, workers of color have tied their demands for pandemic protections to fights for racial, gender, and economic justice.

While the Biden administration has begun to address some of the gaps the Trump administration and Congress left in responding to our communities’ calls, a chasm remains. But city and county governments can step in right now to enact laws and policies that will help keep workers and the public safe during the ongoing pandemic and beyond. The new model policy toolkit from NELP, ABB, and EPI includes four model laws that cities and counties can and must adopt to heed workers’ calls:Emergency premium pay for frontline workers; a permanent right to paid sick leave with additional time off during a declared public health emergency; health and safety protections for certain frontline workers who will not be protected by upcoming OSHA Emergency Temporary Standard (ETS) for COVID-19 , including app-based workers and domestic workers; and anti-retaliation protections to ensure workers can speak up about job conditions and enforce their rights safely during this crisis and after. This, too, is about racial justice—a recent survey from NELP found that Black workers were twice as likely as white workers to report that they or someone at work may have been punished or fired for raising concerns about COVID-19 spreading in the workplace.

The model laws in the toolkit are designed so localities can adapt them to meet local needs.

“The pandemic has made it clearer than ever that the laws ensuring the safety of workers, unemployed people, and our communities overall are woefully inadequate. And because our lives are all so deeply intertwined, what affects one worker affects all of us—when a grocery store cashier doesn’t feel safe bringing up concerns about lacking COVID-19 safety precautions at work, and then workers get sick, the spread continues into the community. Unfortunately, we are not out of this yet, and cities must hear workers’ calls and step in now,” says NELP Executive Director Rebecca Dixon.

“Without paid sick leave and strong workplace health and safety standards, millions of individuals around the country are forced to sacrifice their personal and family health, or risk their income when they need it most. At A Better Balance, through our free legal helpline, we hear every day from working individuals whose experiences show how the pandemic has sharply exacerbated our nation’s longstanding crisis of care, with especially harsh consequences for low-wage workers and women of color. Local governments have a critical role to play in passing robust policies to protect workers’ health and safety and enable them to care for themselves and their loved ones,” says A Better Balance Co-Founder and Co-President Sherry Leiwant.

“Strong economies require standards that ensure workers are safe and paid fairly. Over the past year, people in frontline jobs have put their lives on the line with little bargaining power to demand higher pay or safer workplaces. They deserve basic protections to keep them and their families safe, as well as pay that compensates them for the added risk they’re taking in order to keep the economy going,” says EPI Senior Economic Analyst David Cooper.

Ultimately, the pandemic has laid bare how deeply structural racism and long-standing anti-worker policy impacts every corner of our society—and how little our laws protect workers, and especially workers of color in underpaid, frontline jobs. But there is also a tremendous opportunity here: Local governments can play a critical role in building a just recovery from the COVID-19 pandemic, by taking steps to advance worker and community safety and dignity, during this crisis and beyond.

Download the model local policy toolkit now

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This blog originally appeared at NELP on April 7, 2021. Reprinted with permission.

About A Better Balance 

A Better Balance, a national, nonprofit advocacy organization, uses the power of the law to advance justice for workers, so they can care for themselves and their loved ones without jeopardizing their economic security. To learn more, visit abetterbalance.org and follow A Better Balance on Twitter @ABetterBalance.

About the Economic Policy Institute

The Economic Policy Institute (EPI) is a nonprofit, nonpartisan think tank created in 1986 to include the needs of low- and middle-income workers in economic policy discussions. EPI believes every working person deserves a good job with fair pay, affordable health care, and retirement security.To achieve this goal, EPI conducts research and analysis on the economic status of working America. EPI proposes public policies that protect and improve the economic conditions of low- and middle-income workers and assesses policies with respect to how they affect those workers.

About National Employment Law Project
The National Employment Law Project is a non-partisan, not-for-profit organization that conducts research and advocates on issues affecting underpaid and unemployed workers.


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Pathway to Progress: The Charleston Hospital Strike

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History has long been portrayed as a series of “great men” taking great action to shape the world we live in. In recent decades, however, social historians have focused more on looking at history “from the bottom up,” studying the vital role that working people played in our heritage. Working people built, and continue to build, the United States. In our new series, Pathway to Progress, we’ll take a look at various people, places and events where working people played a key role in the progress our country has made, including those who are making history right now. Today’s topic is the Charleston hospital strike.

In the late 1960s, Charleston, South Carolina, was NOT primed to be the next city to be a touchstone in either the civil rights movement or the labor movement. Much of the progress and activism seen elsewhere had passed Charleston by. And the White power structure was as equally entrenched against labor unionism as it was against the expansion of Black people’s rights. But the hospital strike of 1969 became as important to the Southern Christian Leadership Conference’s (SCLC) Poor People’s Campaign and the labor movement as the Montgomery bus boycott would be to the civil rights movement.

After dock workers were rejected in their bid for a union contract, everyone assumed Black hospital workers had absolutely no chance or successfully organizing. Workers at two hospitals, though, had other plans. One of the hospitals was run by the state and the other by the county. Management had reportedly engaged in racially biased behavior, notably preventing Black doctors from working at the hospital for many years.

Local 1199, then associated with the Retail, Wholesale and Department Store Union, had experience with organizing in hostile territory. After it organized 34,000 new members in New York, New Jersey and Connecticut, it formed a national organizing committee for hospital workers. The local also reached out to the SCLC, one of the most important civil rights organizations, to coordinate on organizing efforts. Nearly 3 million hospital and nursing home employees throughout the country were without union representation, most were Black or Latinx and most were desperately poor. The SCLC launched the Poor People’s Campaign specifically to help out in such situations and so it joined with Local 1199 in forming the National Organizing Committee of Hospital and Nursing Home Employees. Coretta Scott King was named honorary chair and Ralph Abernathy and other SCLC leaders were members of the committee.

The SCLC and Local 1199 trained staff in union organizing methods that were successful in places like Memphis, Tennessee, Atlanta and St. Petersburg. The hospital workers in Charleston weren’t idle, either, as they began organizing meetings with help from the local Black community. Management was led by Dr. William McCord, president of the medical college, which ran the state hospital. After delaying meeting with organizers, McCord fired 12 of them. The reaction was immediate, when 400 workers, including nurses, nurse’s aides, kitchen helpers, laundry workers and orderlies, walked off the job. A week later, workers at the county-run hospital walked out in sympathy. The workers’ demands were clear, rehire the 12 fired workers, recognize the union, increase wages and institute grievance procedures.

McCord was contemptuous. He offered to give Black workers an additional holiday for the birthday of Robert E. Lee. McCord secured an injunction from a segregationist judge that effectively eliminated legal protests. The Black workers rejected the injunction’s validity and began picketing the hospital. Arrests immediately followed. Even worse, vigilantes began assaulting strikers, who had to establish security guards at the picket and around their union hall.

By now, SCLC and Local 1199 staff were on the ground to provide leadership and assistance. Abernathy and other prominent leaders like Andrew Young set up camp in Charleston and sought to bring national attention to the plight of the Black hospital workers. They quickly tied the hospital strike to the larger civil rights movement and connected the strike directly to Martin Luther King Jr., who had been slain in Memphis the previous year while supporting striking sanitation workers. Coretta Scott King said: “If my husband were alive today, he would be in Charleston, South Carolina.”

Charleston faced mass meetings, daily marches, evening rallies and boycotts of stores and schools that didn’t support the strike. The response included daily confrontations with police and local White citizens, and arrests were daily. The governor came out against the strike and sent state troopers and National Guardsman. Arrests were stepped up.

But the strikers didn’t back down and they weren’t intimidated. They showed up, day-after-day, regardless of what was thrown at them, which, by that point, included bayonets, tanks and National Guardsmen patrolling the city’s streets. Coretta Scott King spoke at two local churches and nearly 30% of the city’s Black population showed up. She not only championed the cause of the hospital workers, she appealed for financial assistance, as the union and SCLC were running out of money to sustain the strike. 

King’s request went national. The leaders of civil rights organizations and Black elected officials came together for the first time since Martin Luther King Jr.’s death. The appeal worked. With the help of national ads and television coverage, money began flowing in. Walter Reuther personally joined the demonstrations and donated $10,000. George Meaney and the national AFL-CIO gave another $25,000. Other unions, including White unions, joined the hospital workers on the picket lines. Abernathy was jailed, as were leaders of 1199B, the new designation for the local started by the Charleston hospital workers. 

The opposition to the strike started to fracture. Boycotts brought business activity to a standstill in the city. The business community began to fear a economic disaster and they called for a settlement. Others feared that a victory for Black hospital workers would lead to further organizing by civil rights organizations and labor unions in the city. In particular, they were afraid that union organizing would move into the textile industry, which was strong in the state. Further complicating the situation were federal contracts, with $12 million worth on the verge of being canceled if the hospital continued to discriminate against Black workers.

In this environment, the hospital administration agreed to rehire the strikers, including the original 12 fired workers. State government agreed to raise the minimum wage as well, potentially giving strikers several of their demands. With the agreement set to be finalized, Sen. Strom Thurmond stepped in and said that the federal aid would be delivered, regardless of the hospital’s actions. The hospital withdrew from the settlement and Local 1199 and the SCLC accused President Richard Nixon of “giving Senator Thurmond his political payoff for services rendered in the last election. A payoff whose real price is the suffering of Black hospital workers.”

Demonstrations started up again and they expanded to the textile companies and government buildings in the state and in Washington, D.C. More unions joined the protests and mass arrests continued. Attempts to solve the problem from the nation’s capitol were stalled by the Nixon administration until Secretary of Labor George Schultz took action. He sent a mediator to South Carolina and demanded that the strike be settled.

After 100 days, the strike was settled in favor of the Black hospital workers. They won wage increases of 30-70 cents an hour, the establishment of a credit union, a grievance procedure that allowed the union to represent employees and all fired and striking workers were reinstated. They didn’t win union recognition, but the wins they achieved addressed most of the problems the union would’ve taken on anyway.

At a victory rally at Zion Olivet Church, the Rev. Andrew Young summarized why the strike was successful: “We won this strike because of a wonderful marriage—the marriage of the SCLC and Local 1199. The first of many beautiful children of this marriage is Local 1199B here in Charleston, and there are going to be as many more children like 1199B as there are letters in the alphabet.”

The combined efforts didn’t stop in Charleston. The tactics used in South Carolina were quickly exported elsewhere. Within months, they had also secured collective bargaining rights for 1,500 mostly Black workers at Johns Hopkins Hospital in Baltimore. Within a year, the Baltimore local had added 6,000 more hospital and nursing home workers. In December, the National Union of Hospital and Nursing Home Employees was established with Coretta Scott King as honorary chairperson. While reflecting upon the success in Charleston, King said that right before his death, her husband had concluded that “the key to battling poverty is winning jobs for workers with decent pay through unionism.” Charleston was one of the first moments that proved King right.

Source: “Organized Labor and the Black Worker, 1619-1981” by Philip S. Foner, 1974.

This blog originally appeared at AFL-CIO on February 19, 2021. Reprinted with permission.

About the Author: Kenneth Quinnell  is a long-time blogger, campaign staffer and political activist whose writings have appeared on AFL-CIO, Daily Kos, Alternet, the Guardian Online, Media Matters for America, Think Progress, Campaign for America’s Future and elsewhere.


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‘Nurses Over Billboards’: Two-Day Strike Hits Site of New York’s First COVID Outbreak

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Nurses at Montefiore New Rochelle Hospital struck this week over safety and staffing. 

“We’re petrified of a resurgence of COVID,” said registered nurse Kathy Santoiemma, a 43-year veteran of the hospital. “We lived through it. We were ground zero of the COVID pandemic. We had the first case in New Rochelle actually—we became a totally COVID hospital. And that’s what we did for months.” 

The city of New Rochelle, in Westchester County, was the site of New York’s first COVID-19 outbreak. Nurses at Montefiore New Rochelle worked through one of the most difficult periods of the pandemic thus far.

The recent rise in COVID-19 cases, both in New York City and throughout the United States, has nurses worried that the winter will bring a similar crisis—a situation they desperately want to avoid.

‘WE NEED MORE STAFFING’

The two-day strike on December 1-2 comes after contract negotiations between the New York State Nurses (NYSNA) and Montefiore management failed to reach an agreement. 

Nurses authorized it on November 20, with 98.4 percent voting in favor, and NYSNA issued the legally required 10-day notice to strike. Rather than meet the nurses’ demands to address a staffing shortage, increase wages, and offer health care upon retirement, Montefiore management chose to endure the strike. 

“We haven’t had a contract for two years,” said Santoiemma. “We don’t want to strike, but it’s our last resort. And the basic ask that we have is for staffing.

“We lost a lot of staff, we had staff go out because of illness. We had a nurse pass away. We had a lot of nurses leave the Montefiore New Rochelle and they have not rehired them. We don’t know what to do to get prep staff, and now nurses are leaving because our contract is so awful.” 

During the initial wave of the pandemic in the spring, the ranks of nurses at Montefiore New Rochelle were supplemented with travel nurses from around the country. Now those same nurses are needed in their home states as infection numbers reach record highs nationwide. The lack of available nurses undermines both patient and staff safety, as nurses are expected to provide the same care and attention to an ever-increasing number of patients. 

“The bottom line is we need more staffing, and we need it before everything starts to get bad, before it gets more dangerous for staff and for the patients,” said Shalon Matthews, a registered nurse in the emergency room. “It comes down to a safety issue. The hospitals are not prepared. Right now, we’re in the same position we were in, and actually we have even less staff now than we had in March and April because we’ve lost several nurses.”

There was 100 percent strike compliance among nurses. Night nurses walked out of the hospital together at 7 a.m. on December 1. Nurses from other Montefiore facilities, members of other unions, community members, and elected officials showed up in support. A urologist’s office one block away opened its bathroom to strikers. Supporters brought coffee and cookies.

NURSES OVER BILLBOARDS

Despite reporting $29.1 million in profits during the first nine months of 2020 and receiving $768.3 million in federal stimulus funds, of which $172.4 million has yet to be allocated, Montefiore management has refused to hire more nurses.

The health system recently announced a $272 million expansion at its White Plains hospital and finalized its purchase of St. John’s Hospital in Yonkers. It also spent $3.4 million on billboards thanking its staff for working during COVID-19. This contradiction has not gone unnoticed; several weeks ago nurses launched a sticker campaign, “Nurses Over Billboards.”

“Our hospital is not in a very affluent area,” said Santoiemma. “Our patients are mainly Medicare, Medicaid patients, and they don’t make a lot of money on these patients like they make in White Plains or other places that have insured patients. So of course they’re not going to invest the money in us. And they’ve even told us we have to be careful where we invest our money. So, this is a problem because our patients deserve the same care that everybody else deserves.”

In a press release before the strike, Montefiore dismissed the nurses’ concerns, claiming that “NYSNA is striking because they want the power to dictate staffing assignments and hand out plum positions to their friends, while Montefiore believes the decisions on how to treat patients and make these assignments rests not with any one group alone, but with the entire team caring for the patient.”

The hospital chose to start transferring patients to other sites even before the strike, forcing very sick patients and families to have to travel to other hospitals that were already overflowing, like Montefiore Moses in the Bronx. Nurses estimate that patient capacity was decreased by at least 30 percent. They’re worried about their patients and know that the hospital could have chosen to hire agency nurses for two days.

‘WE WERE THE ONES IN THERE’

For veteran nurses, the obstinance of Montefiore management reveals an embarrassing lack of integrity and concern for those the hospital supposedly exists to serve. 

“We were the ones in there during COVID,” Santoiemma said. “Everybody else was in their locked offices or wherever they were. And we were the only ones there. We were the ones that were the patient’s families, we were the ones that were the patient’s priests, we were the ones that did everything for the patients, and it’s pathetic that this is how they would treat us.”

NYSNA nurses in Albany also struck on December 1. Two thousand nurses there are fighting for a first contract at Albany Medical Center over similar issues: staffing concerns during the pandemic and management’s disregard of personal protective equipment standards to prevent the spread of COVID-19 among nurses and patients.

This blog originally appeared at Labor Notes on December 3, 2020. Reprinted with permission.

About the Author: Kris Parker is a Brooklyn-based writer and photographer.


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As Covid Surges, Doctors Are Striking Against “Retail Health”

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We’re back with Sea­son Four of Work­ing Peo­ple! In this urgent episode, we talk with Dr. Amir Atabey­gi, a physi­cian at Mul­ti­Care Indi­go Urgent Care in Thurston Coun­ty, Wash­ing­ton. On Novem­ber 23, amid a ter­ri­fy­ing surge in COVID-19 cas­es around the coun­try, Dr. Atabey­gi joins his fel­low physi­cians, physi­cian assis­tants, and advanced reg­is­tered nurse prac­ti­tion­ers on the pick­et line as they strike for the basic safe­ty mea­sures their employ­er refus­es to pro­vide. We talk to Dr. Atabey­gi about what he and his cowork­ers face on the job, the rise of ?“retail health” com­pa­nies like Mul­ti­Care Health Sys­tems, and the grow­ing labor con­scious­ness of tra­di­tion­al­ly non-union­ized health­care workers.

This blog was originally published at In These Times on November 23, 2020. Reprinted with permission.

About the Author: Maximillian Alvarez is a writer and editor based in Baltimore and the host of Working People, “a podcast by, for, and about the working class today.” His work has been featured in venues like In These Times, The Nation, The Baffler, Current Affairs, and The New Republic.


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Pandemic on course to overwhelm U.S. health system before Biden takes office

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The United States’ surging coronavirus outbreak is on pace to hit nearly 1 million new cases a week by the end of the year — a scenario that could overwhelm health systems across much of the country and further complicatePresident-elect Joe Biden’s attempts to coordinate a response.

Biden, who is naming his own coronavirus task force Monday, has pledged to confront new shortages of protective gear for health workers and oversee distribution of masks, test kits and vaccines while beefing up contact tracing and reengaging with the World Health Organization. He will also push Congress to pass a massive Covid-19 relief package and pressure the governors who’ve refused to implement mask mandates for new public health measures as cases rise.

But all of those actions — a sharp departure from the Trump administration’s patchwork response that put the burden on states— will have to wait until Biden takes office. Congress, still feeling reverberations from the election, may opt to simply run out the clock on its legislative year. Meanwhile, the virus is smashing records for new cases and hospitalizations as cold weather drives gatherings indoors and people make travel plans for the approaching holidays.

If you want to have a better 2021, then maybe the rest of 2020 needs to be an investment in driving the virus down,” said Cyrus Shahpar, a former emergency response leader at the CDC who now leads the outbreak tracker Covid Exit Strategy. “Otherwise we’re looking at thousands and thousands of deaths this winter.”

The country’s health care system is already buckling under the load of the resurgent outbreak that’s approaching 10 million cases nationwide. The number of Americans hospitalized with Covid-19 has spiked to 56,000, up from 33,000 one month ago. In many areas of the country, shortages of ICU beds and staff are leaving patients piled up in emergency rooms. And nearly 1,100 people died on Saturday alone, according to the Covid Tracking Project.

“That’s three jetliners full of people crashing and dying,” said David Eisenman, director of the UCLA Center for Public Health and Disasters. “And we will do that every day and then it will get more and more.”

The University of Washington’s Institute for Health Metrics and Evaluation predicts 370,000 Americans will be dead by Inauguration Day, exactly one year after the first U.S. case of Covid-19 was reported. Nearly 238,000 have already died.

The task force Biden announces Monday will be staffed with public health experts and former government officials, many of whom ran agencies duringthe Obama and Clinton administrations — including former Surgeon General Vivek Murthy, former Food and Drug Administration Commissioner David Kessler, New York University’s Dr. Celine Gounder, Yale’s Dr. Marcella Nunez-Smith, former Obama White House aide Dr. Zeke Emanuel and former Chicago Health Commissioner Dr. Julie Morita, who is now an executive vice president at the Robert Wood Johnson Foundation.

Shahpar said that even before Biden takes control of government in January, he and his team can make a difference by breaking with Trump’s declarations that the virus is “going away,” communicating the severity of the virus’ spread and encouraging people to take precautions as winter approaches.

“There’s been a misalignment between the reality on the ground and what our leaders are telling us,” he said. “Hopefully now those things will come closer together.”

But Shahpar and other experts warn thateven if Biden and his task force start promoting public health measures now, it will take weeks to see a reduction in hospitalizations and deaths —even if states clamp down. And there is little indication that the country will drastically change its behavior in the near term.

Some governors in the Northeast, which was hit hard early in the pandemic, are imposing new restrictions. In the last week, Connecticut, Massachusetts and Rhode Island activated nightly stay-at-home orders and ordered businesses to close by 10 p.m. And Maine Democratic Gov. Janet Mills on Thursday ordered everyone to wear a mask in public, even if they can maintain social distance.

But in the Dakotas and other states where the virus is raging, governors are resisting calls from health experts to mandate masks and restrict gatherings. On Sunday morning, South Dakota Republican Gov. Kristi Noem incorrectly attributed her state’s huge surge in cases to an increase in testing and praised Trump’s approach of giving her the “flexibility to do the right thing.” The state has no mask mandate.

And unlike earlier waves in the spring and summer that were confined to a handful of states or regions, the case numbers are now surging everywhere.

In New Mexico, the number of people in the hospital has nearly doubled in just the last two weeks and state officials said Thursday that they expect to run out of general hospital beds in a matter of days.

“November is going to be really rough on all of us,” said Democratic Gov. Michelle Lujan Grisham — a contender to lead the Department of Health and Human Services in Biden’s administration. “There’s nothing we can do, nothing, that will change the trajectory. … It is too late to dramatically reduce the number of deaths. November is done.”

Minnesota officials said last week that ICU beds in the Twin Cities metro area were 98 percent full, and in El Paso, Texas, the county morgue bought another refrigerated trailer to deal with the swelling body count.

“We had patients stacking up in our ER,” Jeffrey Sather, the chief of staff at Trinity Health in North Dakota said during a news conference last week. “The normal process is we call around to the larger hospitals and ask them to accept our patients. We found no other hospitals that could care for our patients.”

An “ensemble” forecast used by the Centers for Disease Control and Prevention — based on the output of several independent models — projects that the country could see as many as 11,000 deaths and 960,000 cases per week by the end of the month. Researchers at Los Alamos National Laboratory suggest that the U.S. will record another 6 million infections and 45,000 deaths over the next six weeks, while a team at Cal Tech predicts roughly 1,000 people will die of Covid-19 every day this month — with more than 260,000 dead by Thanksgiving. The University of Washington model forecasts 259,000 Americans dead by Thanksgiving and 313,000 dead by Christmas.

Eisenman predicted that by January, the United States could see infection rates as high as those seen during the darkest days of the pandemic in Europe — 200,000 new cases per day.

“Going into Thanksgiving people are going to start to see family and get together indoors,” he said. “Then the cases will spread from that and then five weeks later we have another set of holidays and people will gather then and by January, we will be exploding with cases.”

This blog originally appeared at Politico on November 9, 2020. Reprinted with permission.

About the Author: Dan Goldberg is a health care reporter for POLITICO Pro covering health care politics and policy in the states. He previously covered New York State health care for POLITICO New York.


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