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Showing posts with label Government. Show all posts
Showing posts with label Government. Show all posts

Tuesday, October 1, 2013

An Official Statement on Environmental Toxins and Pregnancy

Today's post was shared by RWJF PublicHealth and comes from www.theatlantic.com

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For years, the debate over restricting the stew of industrial chemicals that we live in has suffered from a case of he said, she said.

Environmental groups sounded the alarm about the thousands of chemicals in our air, water, food, housewares, and shampoo that science suggests — but doesn’t outright prove — could make us sick. They warned about such commonly used substances as BPA (in cans and plastics), fire retardants (in furniture), and phthalates (in cosmetics). Chemical industry representatives countered that there is no clear evidence that their products are unsafe, and tighter regulation would squash innovation.

But now it’s about pregnant moms and unborn babies.

For the first time ever, the American Congress of Obstetricians and Gynecologists (ACOG) this week came out with a strong statement about the risks of environmental toxins to pregnant women and fetuses. Also for the first time, the group is going so far as to urge individual doctors to advocate for policy changes to protect women and babies from exposure.



“The scientific evidence over the last 15 years shows that exposure to toxic environmental agents before conception and during pregnancy can have significant and long-lasting effects on reproductive health,” wrote ACOG. Another group of reproduction specialists, the American Society...
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Thursday, September 26, 2013

U.S. Sees Direct Threat in Attack at Kenya Mall

Terrorism is a valid concern in the workplace. Safety in shopping malls may require additional security requirements for malls. In Israel metal-detectors have been used to check patrons entering malls. Today's post was shared by The New York Times and comes from www.nytimes.com


Viewing the deadly siege at a shopping mall in Kenya as a direct threat to its security, the United States is deploying dozens of F.B.I. agents to investigate the wreckage, hoping to glean every piece of information possible to help prevent such a devastating attack from happening again, possibly even on American soil.

For years, the F.B.I. has been closely watching the Shabab, the Somali Islamist group that has claimed responsibility for the Nairobi massacre and recruited numerous Americans to fight and die — sometimes as suicide bombers — for its cause.

The Shabab has already attacked most of the major actors trying to end the chaos in Somalia — the United Nations, Uganda, aid groups, the Somali government and now Kenya. The United States has spent hundreds of millions of dollars bankrolling anti-Shabab operations for years, and there is growing fear that the group could turn its sights on American interests more directly, one of the reasons the Obama administration is committing so many resources to the investigation in Kenya.

“We are in this fight together,” said Robert F. Godec, the American ambassador to Kenya. “The more we know about the planning that went into this, the way it was conducted, what was used, the people involved, the better we can protect America, too.”

Less than a day after the bloody standoff ended, more than 20 F.B.I. agents wearing flak jackets and helmets were combing through the...
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Tuesday, September 24, 2013

Rules to improve employment of people with disabilities and veterans published today

The U.S. Department of Labor today announced that the Federal Register published two final rules to improve hiring and employment of veterans and for people with disabilities. The rules were first announced Aug. 27, 2013, and more information is available at http://www.dol.gov/opa/media/press/ofccp/OFCCP20131578.htm.

The rules will become effective March 24, 2014, and federal contractors will be required to comply with most of the final rule's requirements by that date. However, some contractors may have additional time to comply with the requirements in subpart C, which relates to affirmative action plans. Contractors with affirmative action plans in place on March 24 may maintain them until the end of their plan year and delay their compliance with the final rule's affirmative action plan requirements until the start of their next plan cycle.
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A very particular crime - Hazards magazine

Today's post was shared by WCBlog and comes from www.hazards.org

Dust storm: 'Crime-fraud' allegations cloud conference
A UK conference of dust exposure experts is attracting unwanted attention, reports Hazards editor Rory O’Neill.

Professor Ken Donaldson, the scientific chair of Inhaled Particles XI, has been identified in a potential asbestos cancer 'crime-fraud' controversy and accused of having undeclared links to the industry.

Good, impartial science can help save lives, by identifying life-threatening exposures at work and identifying measures – controls, safer standards, bans on the deadliest substances - to remedy them. Asbestos would be a case in point.

For those for whom the science came too late, the ones forming part of the body count, it can mean at least some compensation for a life cut short.

STACKED EVIDENCE  
US building products giant Georgia-Pacific is accused of “seeding” the scientific literature against the interests of asbestos cancer claimants.

If the courts accepted the disputed findings of the GP-funded research, very many asbestos-exposed cancer sufferers could go uncompensated because they were exposed to the wrong kind of “shorter” chrysotile fibres, were not exposed at high enough levels or, if exposed at a high level, not exposed long enough.

Global exports of chrysotile increased by 20 per cent in 2012.

It is a high stakes business and was at the heart of a New York Supreme Court...
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Monday, September 23, 2013

CMS Publishes Rules to MSP Payments Under the SMART Act

Medicare has published proposed Rules to governor obtaining information concerning the conditional payments as required by the recently implemented SMART Act. The Regulations expand the bureaucratic framework for Medicare beneficiaries and their representatives in order to obtain and appeal information on condition payment demands from the government.

The Rules are effective on November 10, 2013 and the comment period closes at 5pm on that date.

The government will be establishing a multifactorial implementation process to keep information secure: DX Codes, provider names. dates of service and conditional payment amounts. Ultimately, it appears that the process will be yet another hurdle to obtain information for workers' compensation claims  and release the beneficiary from government liability for medical expenses.

The proposed CMS Rules can be reviewed at: https://www.federalregister.gov/articles/2013/09/20/2013-22934/medicare-program-obtaining-final-medicare-secondary-payer-conditional-payment-amounts-via-web-portal
….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Saturday, September 14, 2013

The Public and the Conflict over Future Medicare Spending

Medicare will govern the at least the cost of workers' compensation medical delivery benefits. Today's post was shared by NEJM and comes from www.nejm.org


Two recent government reports show substantial short-term improvements in the financial outlook for Medicare and in the federal budget deficit.1,2 However, these forecasts also suggest the need for further action brought about by a worsening of the financial situation after 2015 as the number of Medicare recipients increases from 52 million to 73 million in the decade following.1-3 This issue is likely to receive considerable attention in the upcoming debate about the federal budget deficit and the national debt.

As we reported in the Journal in 2011, there has been little public support for major policy changes aimed at reducing Medicare spending to lower the federal deficit.4 This article goes further and seeks to document the underlying beliefs that may shape the public response to future efforts to substantially slow projected Medicare spending. Our thesis is that there exists today a wide gap in beliefs between experts on the financial state of Medicare and the public at large. Because of the potential electoral consequences, these differences in perception are likely to have ramifications for policymakers addressing this issue.

We examine this thesis by analyzing data from six public opinion polls conducted in 2013 with 1013 to 2017 U.S. adults, plus historical data, in a project supported by the Robert Wood Johnson...

Robert J. Blendon, Sc.D., and John M. Benson, M.A.

N Engl J Med 2013; 369:1066-1073September 12, 2013DOI: 10.1056/NEJMsr1307622
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Friday, September 6, 2013

Determinants of Respirable Crystalline Silica Exposure Among Stoneworkers Involved in Stone Restoration Work

Today's post was shared by WCBlog and comes from annhyg.oxfordjournals.org


Objectives: Crystalline silica occurs as a significant component of many traditional materials used in restoration stonework, and stoneworkers who work with these materials are potentially exposed to stone dust containing respirable crystalline silica (RCS). Exposure to RCS can result in the development of a range of adverse health effects, including silicosis and lung cancer. An understanding of the determinants of RCS exposure is important for selecting appropriate exposure controls and in preventing occupational diseases. The objectives of this study were to quantify the RCS exposure of stoneworkers involved in the restoration and maintenance of heritage properties and to identify the main determinants of RCS exposure among this occupational group.

Methods: An exposure assessment was carried out over a 3-year period amongst a group of stonemasons and stone cutters involved in the restoration and maintenance of heritage buildings in Ireland. Personal air samples (n = 103) with corresponding contextual information were collected. Exposure data were analysed using mixed-effects modelling to investigate determinants of RCS exposure and their contribution to the individual’s mean exposure. Between-depot, between-worker, and within-worker variance components were also investigated.

Results: The geometric mean (GM) RCS exposure concentrations for all tasks measured ranged from <0 data-blogger-escaped-.02="" data-blogger-escaped-0.70mg="" data-blogger-escaped-m="" data-blogger-escaped-sup="" data-blogger-escaped-to="">−3. GM RCS exposure concentrations for work involving limestone and lime mortar were <0 data-blogger-escaped-.02="" data-blogger-escaped-m="" data-blogger-escaped-mg="" data-blogger-escaped-ndash="" data-blogger-escaped-sup="">...
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Thursday, November 22, 2012

Report: Poor Health Costs Cost U.S. $576 Billion Yearly


The U.S. loses more GDP to poor health than Sweden's total GDP

Today's post comes from guest author Nathan Reckman from Paul McAndrew Law Firm.
The Integrated Benefits Institute (IBI), a nonprofit health and productivity research organization for businesses, recently reported that poor health costs the U.S. economy $576 billion per year. Of this amount:
  • $227 billion is lost due to sick days or reduced productivity due to illness,
  • $232 billion is spent by employers on medical and pharmacy treatments, and
  • $117 billion is spent on workers’ compensation and short- or long-term disability wage replacement.
To give you a sense of the scale of this loss, it is larger than the entire gross domestic product (GDP) of all but the top 20 countries. Our $576 billion loss dues to poor health costs would fall directly behind the GDP of Saudi Arabia (2011 GDP: $577.6 billion) and in front of the Swedes (2011 GDP: $538.2 billion). For comparison, the U.S.'s $15,090 billion GDP was the largest in the world, followed by China at $7,298 billion.
...for every $1 employers invest in improving their employees’ health and wellness they save $3...
Sean Nicholson, Ph.D., quoted in the IBI report, has stated that for every $1 employers invest in improving their employees’ health and wellness they save $3 (quite a good return on their investment!). As wisely pointed out by IBI's President, Thomas Parry, Ph.D., this report puts employers on notice that their investment in workers’ health and wellness will benefit both the workers and their employers.
This report, in addition to  pointing out the dual benefits posed by increased employer investment in their employees' health and wellnes, points out one of the important choices facing our country’s healthcare system.
Source for 2011 GDP information: CIA World Factbook

Read more about Health Costs & Workers' Compensation

Feb 17, 2009
A report issued by NCCI concludes that medical costs in Workers' Compensation were higher in some instances than in Group Health Plans. The main findings were: For comparable injuries, when WC pays higher prices than ...
Nov 15, 2012
A recent study published by NCCI concludes that costs are soaring as medical conditions become more complicated by other conditions known as comorbidity diagnoses. These conditions are frequently: obesity, hypertension, drug abuse, chronic pulmonary conditions and diabetes. ... Federal Government Launches New Workplace Health Program Jun 30, 2011. Other initiatives put forth by the Obama Administration to promote prevention include the President's ...
Jan 29, 2010
Chronic conditions now result in 70% of all deaths and 75% of all health costs. Direct health care costs from cancer alone, in 2008, was $93.2 Billion of the total health care costs in the US that amounted to $304 Billion.
Apr 12, 2010
Defending occupational disease claims has always been an elusive and a costly goal for employers and insurance carriers. Employees also are confronted with obstacles in obtaining timely medical benefits. Occupational ...


Saturday, September 4, 2010

CMS/MSP Statute Tolling Case Set for Hearing by Federal Court

The claim filed by the US government for reimbursement against multiple law firms and insurance companies has been scheduled for a hearing September 13, 2010 on the pending motions. The Federal government, who has claimed that the Statute of Limitation was tolled, is seeking reimbursement involving over 900 specific claims that were paid involving a liability action. The gross settlement was $275 Million for which payment was made in 2003.

The Centers for Medicare and Medicad Services (CMS) under the Medicare Secondary Payer Act has alleged that it was not reimbursed. The Government contends that the Statute of Limitations under 28 U.S.C.2415 is 6 years and not three years. Alternatively the Government has argued that the Statute  f Limitations was tolled under 28 U.S,C, 2416(c), which permits tolling where a claim has accrued, but "facts material to the right of action are not known and reasonably could not be known" by the Government.

The attorneys and insurance companies contend that the Statute of Limitations is a valid defense since the the claim arose when the defendants were originally obligated under the settlement agreement to make payment. Travelers and AIG, as parent companies,  claim that they are not proper parties to the case and should be removed as parties. The insurance companies, in a brief filed in June 2003, also allege that the bar to permitted the statute of limitation tolling should have been dropped under Federal statute. The stated in  "....once the facts making up the 'very essence of the right of action' are reasonably knowable."

United States of America v. James J. Stricker, et al., Case No. 1:09-cv-02423-KOB (USDCT AL).

Related Articles:
Amended Complaint Filed in CMS Recovery Action Against Law Firms

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational exposures.