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Copyright
Thursday, August 15, 2013
ICD-10 will impact workers comp, non-HIPAA entities, too
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Cyclospora: It Is Not Over Yet - US Count at 548 Cases
The mystery of the Cyclospora infection continues, putting workplaces at risk from the disease.
The US Centers for Disease Control and Prevention (CDC) today reported nine more US Cyclospora infections, raising its case count to 548, but the total does not include 21 of the most recent cases that the TexasDepartment of State Health Services (TDSHS) has listed on its Web site. Those additions would bring the tally to 569.
Aug 14 CDC outbreak update
Aug 14 TDSHS update
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Wednesday, August 14, 2013
The Reverberating Impact of Low Wages
Today's post was shared by RWJF PublicHealth and comes from www.rwjf.org
A recent vote by the Washington D.C. City Council requires large retailers to pay a minimum hourly wage of $12.50 an hour—$5.25 more than the current minimum wage of $7.25 nationally and $8.25 in D.C.— and the decision received wide attention, especially when retailers planning to build new stores in the city said they’d pull the plug on the projects if required to pay the higher salaries. But at least two recent magazine articles explain why there’s been a fervent recent push to try to push up the wages of those in low-paying jobs. New York Magazine recently surveyed 100 fast food restaurant employees in that city and asked, among other things, “can you live off your paycheck?” The answer appears to be no. The average pretax monthly pay for the surveyed workers was $984 while average monthly expenses including rent, utilities, groceries and cell phone bills was $1,115—which adds up to $131 more in expenses than pay.
Bonus Link: Why does income matter to health? See a NewPublicHealth infographic on how stable jobs and income lead to healthier lives.And last weeks’ New Yorker Magazine added heft to the need to look at the current minimum wage rate, in light of just how critical that income is to many households. According to the article, while low-wage retail jobs were once squarely aimed at high school students looking for pocket money and those looking for supplemental income, in the last few years of stiff unemployment,...
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ExxonMobil Knew for Years About Defects in Ill-Fated Arkansas Pipeline
Today's post was shared by FairWarning and comes from www.fairwarning.org
Despite risks, oil giant added stresses to pipeline that eventually ruptured. Since at least 2006, ExxonMobil realized that its 1940s-era Pegasus pipeline had many manufacturing defects like the faulty welds that, in March, sent crude oil spewing into a Mayflower, Ark., neighborhood. Its seams were known to be prone to cracking, too. Still, Exxon added new stresses to the pipeline by starting to carry a heavier type of oil, reversing the direction of the flow and increasing the amount of crude surging through it. Separately, the costly oil spill cleanups in Mayflower and in Marshall, Mich., highlight the potential hazards of transporting heavy Canadian crude as the Obama administration nears a decision on the Keystone XL pipeline. InsideClimate News, The New York Times
Lax reporting, scant oversight undermine 27-year-old program to track hazardous chemical storage. Under the U.S. Emergency Planning and Community Right-to-Know Act, private and public operations must issue an inventory of potentially hazardous chemicals at their sites. The inventory, known as a Tier II report, is filed with state, county and local emergency-management officials. The information is then supposed to be made public to help first responders and residents plan for emergencies. But operations across the U.S. often misidentify chemicals or their location, and sometimes don’t report on the substances at all. The system has drawn scrutiny since April’s deadly...
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Improving Patient and Worker Safety: Opportunities for Synergy, Collaboration and Innovation
Today's post was shared by US Dept. of Labor and comes from www.osha.gov
Healthcare is involved, directly or indirectly, with the provision of health services to individuals. These services can occur in a variety of work settings, including hospitals, clinics, dental offices, out-patient surgery centers, birthing centers, emergency medical care, home healthcare, and nursing homes.
What types of hazards do workers face?Healthcare workers face a number of serious safety and health hazards. They include bloodborne pathogens and biological hazards, potential chemical and drug exposures, waste anesthetic gas exposures, respiratory hazards, ergonomic hazards from lifting and repetitive tasks, laser hazards, workplace violence, hazards associated with laboratories, and radioactive material and x-ray hazards. Some of the potential chemical exposures include formaldehyde, used for preservation of specimens for pathology; ethylene oxide, glutaraldehyde, and paracetic acid used for sterilization; and numerous other chemicals used in healthcare laboratories.
How many workers get sick or injured?More workers are injured in the healthcare and social assistance industry sector than any other. This industry has one of the highest rates of work related injuries and illnesses. In 2010, the healthcare and social assistance industry reported more injury and illness cases than any other private industry sector -- 653,900 cases (Table 2 [268 KB PDF, 29 pages]). That is 152,000 more cases than the next industry sector: manufacturing. In 2010, the...
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The woman who nearly died making your iPad
Foreign workers lack safety and health protections that exist under US laws. This story reflects what America was like without adequate workplace safety laws and enforcement. Today's post was shared by Steven Greenhouse and comes from www.theguardian.com
At around 8am on 17 March 2010, Tian Yu threw herself from the fourth floor of her factory dormitory in Shenzhen, southern China. For the past month, the teenager had worked on an assembly line churning out parts for Apple iPhones and iPads. At Foxconn's Longhua facility, that is what the 400,000 employees do: produce the smartphones and tablets that are sold by Samsung or Sony or Dell and end up in British and American homes.
But most famously of all, China's biggest factory makes gadgets for Apple. Without its No 1 supplier, the Cupertino giant's current riches would be unimaginable: in 2010, Longhua employees made 137,000 iPhones a day, or around 90 a minute.
That same year, 18 workers – none older than 25 – attempted suicide at Foxconn facilities. Fourteen died. Tian Yu was one of the lucky ones: emerging from a 12-day coma, she was left with fractures to her spine and hips and paralysed from the waist down. She was 17.
When news broke of the suicide spree, reporters battled to piece together what was wrong in Apple's supply chain. Photos were printed of safety nets strung by the company under dorm windows; interviews with workers revealed just how bad conditions were. Some quibbled over how unusual the Foxconn deaths were, arguing that they were in line with China's high rate of self-killing. However conscience-soothing that claim was in both Shenzhen and California, it overlooked how those who take their own lives are often elderly or women in...
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A Limit on Consumer Costs Is Delayed in Health Care Law
Today's post was shared by Steven Greenhouse and comes from www.nytimes.com
WASHINGTON — In another setback for President Obama’s health care initiative, the administration has delayed until 2015 a significant consumer protection in the law that limits how much people may have to spend on their own health care.
The limit on out-of-pocket costs, including deductibles and co-payments, was not supposed to exceed $6,350 for an individual and $12,700 for a family. But under a little-noticed ruling, federal officials have granted a one-year grace period to some insurers, allowing them to set higher limits, or no limit at all on some costs, in 2014.
The grace period has been outlined on the Labor Department’s Web site since February, but was obscured in a maze of legal and bureaucratic language that went largely unnoticed. When asked in recent days about the language — which appeared as an answer to one of 137 “frequently asked questions about Affordable Care Act implementation” — department officials confirmed the policy.
The discovery is likely to fuel continuing Republican efforts this fall to discredit the president’s health care law.
Under the policy, many group health plans will be able to maintain separate out-of-pocket limits for benefits in 2014. As a result, a consumer may be required to pay $6,350 for doctors’ services and hospital care, and an additional $6,350 for prescription drugs under a plan administered by a pharmacy benefit manager.
Some consumers may have to pay even more, as some...
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Tuesday, August 13, 2013
NIOSH Workplace Safety and Health Topics
Today's post was shared by WCBlog and comes from www.cdc.gov
"Asbestos" is a commercial name, not a mineralogical definition, given to a variety of six naturally occurring fibrous minerals. These minerals possess high tensile strength, flexibility, resistance to chemical and thermal degradation, and electrical resistance. These minerals have been used for decades in thousands of commercial products, such as insulation and fireproofing materials, automotive brakes and textile products, and cement and wallboard materials.
When handled, asbestos can separate into microscopic-size particles that remain in the air and are easily inhaled. Persons occupationally exposed to asbestos have developed several types of life-threatening diseases, including asbestosis, lung cancer and mesothelioma. Although the use of asbestos and asbestos products has dramatically decreased in recent years, they are still found in many residential and commercial settings and continue to pose a health risk to workers and others.
NIOSHTIC-2 Search
NIOSHTIC-2 Search Results on Asbestos
NIOSHTIC-2 is a searchable bibliographic database of occupational safety and health publications, documents, grant reports, and journal articles supported in whole or in part by NIOSH.
Recommendations for Preventing Occupational Exposure to Asbestos
Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research
DHHS (NIOSH) Publication Number 2011-159 (March 2011)
This document is intended as one step in the process. NIOSH intends to pursue...
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Rail Company Involved in Quebec Explosion Files for Bankruptcy
Today's post was shared by WCBlog and comes from www.nytimes.com
BANGOR, Me. — The railroad company whose runaway oil train caused a fire and explosion that killed 47 people in a small town in Canada filed for bankruptcy protection on Wednesday.
The company — Montreal, Maine and Atlantic Railway — filed for Chapter 11 bankruptcy protection in United States and Canadian courts, citing debts to more than 200 creditors after the July disaster in Lac-Mégantic, Quebec.
The company chairman, Ed Burkhardt, said previously that a bankruptcy filing was likely after service disruptions because its rail line remained closed in Lac-Mégantic. The company, based in Hermon, Me., also faces lawsuits and enormous cleanup costs related to the disaster.
The parked train, with 72 tankers full of crude oil, was unattended when it began rolling toward town, eventually derailing downtown. Several tankers exploded, destroying 40 buildings in the lakeside town of 6,000 residents.
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Fresno workers' compensation case highlights statewide problems
The employee, Guadalupe Ortega, spoke out with her lawyer Tuesday morning during a press conference held by the California Applicants Attorneys Association across the street from her former employer, Lyons Magnus, a major food processor in Fresno.
Although doctors and Lyons Magnus confirmed her injuries are work related, the company's insurance carrier, Sedgwick Claims Management Services, only provided two years of temporary disability compensation — even though a qualified medical evaluator confirmed she is 70% disabled, Ortega said.
Ortega's plight highlights a larger problem for injured workers statewide who have run into more roadblocks over the past eight years to receive workers' compensation, said Ortega's lawyer, Brett Grove of Keeling Grove Law Offices in Fresno.
"Unfortunately, her experiences are not unique in the workers' compensation arena," Grove said.
Ortega's severe neck, shoulder and back injuries resulted in her losing her job, she said. Ortega became homeless, and her children were taken away from her.
"Sedgwick has turned my life into a living hell," Ortega said. "How can the state of California allow this insurance company to fail to pay legitimate claims?"
Sedgwick officials were unavailable for comment. The company is based in Memphis, Tenn., and calls itself the leading North American provider for...
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Garlock trial winds down; judge closes courtroom again
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Workers compensation hike on California employers proposed
The Workers Compensation Insurance Rating Bureau, however, believes that premiums for insurance that most employers carry to cover claims for treatment and cash benefits still should rise next year.
The independent bureau announced that taking into account the legislation's changes, premiums should rise by 3.4 percent next year to an average of $2.62 per $100 of payroll.
The recommendation is not binding, and insurers in the highly competitive workers comp market can charge whatever they wish. State Insurance Commissioner Dave Jones also will weigh in with his recommendation.
The bureau also put another caveat on its recommendation - that it could be changed, depending on whether the state Division of Workers Compensation adopts a proposed new schedule of payments for physicians who treat job-related disabilities.
Last year's overhaul of the system, contained in Senate Bill 863, was a deal among most of the major stakeholders in the system, employers and labor unions most prominently. It followed a pattern of making major changes in the system roughly once a decade, usually after years of maneuvering by the major stakeholders.
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Speedway owner accused of workers comp fraud
Jason M. Bonsignore, of Edgemere Drive, was also charged with four counts each of failure to secure compensation for employees and fraudulent practice, also felonies under the New York State Workers Compensation Law.
The charges are the result of an investigation of Bonsignores business, Champion Speedway on Old Narrows Road in the Town of Owego.
Bonsignore was arraigned in the Town of Owego Court in front of Justice John Schumacher and released on his own recognizance.
Anyone who has any information on potential workers compensation fraud violations can visit www.wcb.ny.gov or call toll free at (888) 363-6001.
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Lead paint manufacturers facing California challenge
Today's post was shared by WCBlog and comes from www.dailynews.com
In April, the U.S. Centers for Disease Control and Prevention raised to 535,000 its estimate of the number of American children with potentially dangerous levels of lead in their blood.
But for U.S. communities combating the lead hazards, there might never be any money from the group some say is most responsible for creating the problem: The companies that made lead pigment used in the old, flaking paint still coating millions of dwellings.
The industry could be on the verge of defeating the last major legal assault by municipalities and states seeking damages to fund lead removal. Apart from one settlement, the industry has successfully defended roughly 50 lawsuits by states, cities, counties and school districts over the last 24 years.
Now, in a bench trial underway in San Jose, the industry is seeking a final victory in a case brought by 10 public agencies, including Los Angeles and Santa Clara counties and the cities of San Francisco, Oakland and San Diego. The suit seeks to force the defendants to inspect more than 3 million California homes, and to remove any lead paint hazards that are discovered, at an estimated cost of more than $1 billion.
Lead lawsuits once were expected by some experts to follow the path of tobacco litigation. States that sued to recover smoking-related health care costs wrested a $248 billion settlement in 1998 from cigarette makers.
As in the tobacco cases, public agencies in California and elsewhere hired
private law firms, including veterans of...[Click here to see the rest of this article]
Legal Fees and Reform
Today's post was shared by WorkCompCentral and comes from daviddepaolo.blogspot.com
Take a look at
WorkCompCentral job ads.
What do you see?
Lots of employment opportunities for lawyers, primarily those on the insurance/employer defense end.
Some firms are even taking out full display ads for recruitment days and other practices that are typically the province of Corporate America.
Indeed, this does appear to be anecdotal evidence of a larger trend in California workers' compensation - as recent Workers' Compensation Insurance Rating Bureau data shows, spending on lawyers this past year totaled $1.2 billion and has been increasing at a dramatic rate, particularly for defense legal fees.
That's a lot of legal fees, which represents a lot of benefit contestation.
Break it down even further, though, and the anecdote of job ads for lawyers becomes even more salient - defense fees are double what applicant attorney fees are.
Here's the graphical depiction based on the WCIRB numbers:

The chart is interesting in a couple of aspects.
Note that following the 2004 reform, SB 899, defense fees skyrocket from $368 million in 2003 to nearly double at $642 million in 2006, while applicant attorneys, whose fees are largely pegged to permanent disability indemnity, lost some ground, but essentially remained flat.
Things stabilize a bit after 2006 until 2011 when the lawyers on both sides, start taking home a bit more pay, such that 2012 legal fees are double what they were in 2002 for both defense and applicant.
Compare to the Consumer Price Index rate of inflation - $100 in 2002...
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The Trend to Supersize Hospitals
Hospital have been not only purchasing other hospitals reducing the number of independent hospitals in the US from 5,000 to 1,000, but it has also accelerated the trend for hospitals to purchase lucrative medical practices to earn income from diagnostic tests and to control the flow of hospital admissions.
An unintended consequence of this path may actually increase hospital costs because fewer hospital facilities exist, or the lack of competition may just lead to a universal medical care system. Workers' compensation insurance programs may therefore be required higher fees to hospitals.
"Hospitals across the nation are being swept up in the biggest wave of mergers since the 1990s, a development that is creating giant hospital systems that could one day dominate American health care and drive up costs."
Read the complete article, "New Laws and Rising Costs Create a Surge of Supersizing Hospitals" (NY Times)
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Monday, August 12, 2013
Pending NJ Supreme Court Workers' Compensation Cases
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CMS Releases Revised List of Workers Compensation Set-Aside Contacts
Click here to download the PDF version of the revised list of contacts.
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Bloomberg Sees Higher Costs in a Union-Friendly Mayor
Warning of the fiscal danger if New York City fails to rein in its spiraling pension and health care costs, Mayor Michael R. Bloomberg on Tuesday challenged his would-be successors to take a tough line in negotiations with the city’s unions, while worrying aloud that whoever is elected will be too beholden to labor.
“We can’t wake up tomorrow morning — the day after the election — and find that some candidate has made a back-room deal with one of the unions that sets the pattern for all the other unions that will eventually lead to stopping the growth in this city,” Mr. Bloomberg said, departing from his prepared remarks at the end of a speech in Brooklyn on the city’s economy and fiscal situation.
“We cannot afford certain things,” he continued. “It’s tough to say no. It’s particularly tough to say no when nobody wants anybody to get hurt. But the bottom line: this is the taxpayers’ money, and this is our future.”
Mr. Bloomberg’s speech, delivered at a former Pfizer manufacturing plant that is now home to some two dozen small companies, producing everything from 3D printers to kimchi, was in part an attempt to burnish his record of fiscal stewardship, which is hotly debated. He argued that he has determinedly tried to reform pensions and health care but has been stymied by unions.
Fiscal watchdogs note that his administration presided over a 40 percent increase in the city budget, and in his second term handed out raises without demanding concessions on pensions and...
U.S. Companies Thrive as Workers Fall Behind
American companies are more profitable than ever — and more profitable than we thought they were before the government revised the national income accounts last week. Wage earners are making less than we thought, in part because the government now thinks it was overestimating the amount of income not reported by taxpayers.
The major change in the latest comprehensive revision of the national income and product accounts — known as NIPA to statistics aficionados — is to treat research and development spending as an investment, similar to the way the purchase of a new machine tool would be treated by a manufacturer, rather than as an expense. That investment is then written down over a number of years.
The result is to make the size of the economy, the gross domestic product, look bigger, and to appear to be growing faster, in years when new research spending is greater than the amount being written down from previous years. For the same reason, corporate profits also look better in those years.
A lot of money is spent on research and development. Nicole Mayerhauser, the chief of the national income and wealth division of the Bureau of Economic Analysis, which compiles the figures, said that in 2012 the total was $418 billion, about one-third of which was spent by governments. That amounted to about 2.6 percent of G.D.P.
The other major conceptual change deals with pensions. Until now, corporate and government contributions to pension plans were counted as personal...
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The 10 Top Workers Compensation Blog Posts This Month (July-Aug 2013)
The 10 Top Workers Compensation Blog Posts This Month
(July-Aug 2013)
In order of popularity
Jul 25, 2013,
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Jul 20, 2013,
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Jul 18, 2013,
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Aug 2, 2013,
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Jul 17, 2013,
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Jul 14, 2013,
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Jul 26, 2013,
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Jul 12, 2013,
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Jul 28, 2013,
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3 Responses for “What the Recent Data Breach Says About the State of Health IT”
While I don’t condone the storage of patient information on unapproved services like Gmail or Google Drive, this incident pretty much highlights the sorry state of information systems within the hospital and the unfulfilled need by physicians for tools that facilitate workflow and patient care.
It says something that the Oregon residents felt compelled to take such a drastic action. I don’t know what punishment – if any – those responsible were given by administrators for their “crimes.” I’ll leave it to readers to make up their own minds about the wisdom of the unauthorized workaround and the appropriateness of any punishment. But I do know that the message the incident sends is a very clear one.
We’re screwing this up. There is really no earthly reason why it should be any more difficult to share a patient record than it is to share a Word doc, a Powerpoint or yes, even a cloud-based Google Drive spreadsheet.
Why the Breach Happened
What’s going on here? Let’s say I admit a patient to the hospital. Our friend was hospitalized here just last month, and like many patients, he has dementia...
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Sunday, August 11, 2013
Specialty Compounding, LLC Issues Nationwide Voluntary Recall
The recall was initiated after reports of bacterial infection affecting 15 patients at two Texas hospitals, Corpus Christi Medical Center Doctors Regional and Corpus Christi Medical Center Bay Area, whose treatment included IV infusions of calcium gluconate from Specialty Compounding. There is a potential association between the infections and the medication at this time.
If there is microbial contamination in products intended to be sterile, patients are at risk of serious infections which may be life threatening.
“Because of the potential association between the hospital-based infections and sterile compounded medications produced by Specialty Compounding, we are voluntarily recalling all sterile products out of an abundance of caution,” said Ray Solano, R.Ph., pharmacist in charge at Specialty Compounding. “We deeply regret the impact this recall has on our patients and the hospitals that we serve, but patient safety must always be our first concern.”