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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Wednesday, August 6, 2014

The Toxic Algae Are Not Done With Toledo. Not By a Long Stretch.

The potential for a mass catastrophic workers' compensation event arising out of a toxic algae is increasing. The run-off of fertilizers and other substances in addition to global warming may make containment difficult. Today's post was shared by Mother Jones and comes from www.motherjones.com



The algae bloom that swallowed parts of Lake Erie in 2011. Toledo sits near—and draws its water from—the lake's southwest region, where algae tends to accumulate. Image: MERIS/NASA, processed by NOAA/NOS/NCCOS
Last weekend, Toledo's 400,000 residents were sent scrambling for bottled water because the stuff from the tap had gone toxic—so toxic that city officials warned people against bathing their children or washing their dishes in it. The likely cause: a toxic blue-green algae bloom floated over the city's municipal water intake in Lake Erie. On Monday morning, the city called off the don't-drink-the-water warning, claiming that levels of the contaminant in the water had fallen back to safe levels. Is their nightmare over?
One expert said he could "almost guarantee" that the conditions that caused the crisis, i.e., a toxic bloom floating over the intake, would recur this summer.
I put the question to Jeffrey Reutter, director of the Stone Laboratory at Ohio State University and a researcher who monitors Lake Erie's annual algae blooms. He said he could "almost guarantee" that the conditions that caused the crisis, i.e., a toxic bloom floating over the intake, would recur this summer. But it's "pretty unlikely" that toxins will make it into the city's drinking water. That's because after the weekend's fiasco, a whole crew of public agencies, from the Ohio Environmental Protection Agency to the US Environmental Protection Agency...
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Doctor On Demand Raises $21 Million as Telemedicine Heats Up

Medical delivery is constantly changing in light of new technology. Workers' compensation insurance carriers could possibly implement thisdeliver system in an effort to contain costs. Today's post is shared from recode.net
Doctor On Demand, one of the growing number of companies offering physician consultations via mobile video chat, has raised $21 million. Venrock led the Series A round, with participation from Shasta Ventures and Virgin Group Chairman Sir Richard Branson. On top of the financing news, Doctor On Demand said: Venrock Partner Bryan Roberts joined the company’s board, the $40-per-visit service is now available on desktop computers and Comcast will offer it to U.S. employees. (Comcast owns NBCUniversal, which is a minority investor in Re/code.)
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Third Circuit Court of Appeals Enforces Medicare Conditional Payment Collection

The Third Circuit Court of Appeals ruled that a Medicare recipient could not prevent CMS from recovering conditional payments from a liability settlement by holding that the NJ Collateral Source Statute (NJCSS) did not prevent Medicare from recovering medical expenses as part of her damages in a tort suit and that the state court's oder apportioning settlement proceeds did not bar the Federal government from seeking reimbursement for medical expenses.

Taransky v Sec of US HHS No. 13-3483, 214 WL 3719158 (Decided July 29, 2014)

Monday, August 4, 2014

CMS: "The Smarter Act" Introduced in the US Senate

From the folks that brought you The Smart Act comes the sequel, "The Smarter Act." Senator Bill Nelson (D-FL) on July 31, 2014 introduced,  S.2731 - "A bill to amend title XVIII of the Social Security Act to provide for the application of Medicare secondary payer rules to certain workers' compensation settlement agreements and qualified Medicare set-aside provisions."

As you recall, since the Medicare Secondary Payer (MSP) was enacted in November 1980 to stop workers' compensation insurance carriers from shifting costs onto US taxpayers,  there has been a constant volley of activity between the Federal government, and those who want to maintain a status quo, ie. employers, insurance carriers and "other" financially interested participants. 

Congress and Medicare (Centers for Medicare and Medicaid Services [CMS]), in an effort to shore up the financially ailing Medicare program has been dueling with an employer/insurance company led coalition. The coalition successfully lobbied for The Smart Act  in May 2003. Mandated regulations were published and the stakeholders, including the coalition partners filed multiple comments objecting to the process. 

Purportedly S.2731 requires CMS to establish criteria: for review, calculations, time periods, appeals process, delivery of reimbursement, and  immunity form retroactive laws/regulations.

The latest round of coalition supported legislation is yet another attempt to curb the tidal wave that continues to erode the workers' compensation program as it historically existed since 1911 in the US. 

The real challenge to workers' compensation and its potential extinction, is whether the visionaries can look forward instead of backward. The future will be solutions to Medicare's fiscal integrity, the integration of the Affordable Care Act,  preventive health care, safer workplaces and globalization of the Social Security Disability Insurance (SSDI) system.

Saturday, August 2, 2014

Ebola Guidance for Airlines

Interim Guidance about Ebola Virus Infection for Airline Flight Crews, Cleaning Personnel, and Cargo Personnel

Overview of Ebola Virus Disease

Ebola virus disease (also known as Ebola hemorrhagic fever) is a severe, often-fatal disease caused by infection with a species of Ebola virus. Although the disease is rare, it can spread from person to person, especially among health care staff and other people who have close contact* with an infected person. Ebola is spread through direct contact with blood or body fluids (such as saliva or urine) of an infected person or animal or through contact with objects that have been contaminated with the blood or other body fluids of an infected person.
The likelihood of contracting Ebola is extremely low unless a person has direct contact with the body fluids of a person or animal that is infected and showing symptoms. A fever in a person who has traveled to or lived in an area where Ebola is present is likely to be caused by a more common infectious disease, but the person would need to be evaluated by a health care provider to be sure.
The incubation period, from exposure to when signs or symptoms appear, for Ebola ranges from 2 to 21 days (most commonly 8-10 days). Early symptoms include sudden fever, chills, and muscle aches. Around the fifth day, a skin rash can occur. Nausea, vomiting, chest pain, sore throat, abdominal pain, and diarrhea may follow. Symptoms become increasingly severe and may include jaundice (yellow skin), severe...
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$1,000 a pill: Will that kill or cure workers' compenstion

Hepatitis is an occupationally related illness and treatment for the disease may now even become more expensive in the short run. How this impacts the system may predict the future of pharmacuetical  costs. This post is shared from thehill.com
CVS Caremark is siding with the pharmaceutical industry over the rising costs of specialty drugs.
In an editorial in the Journal of the American Medical Association, Troyen Brennan, chief medical officer at CVS, and William Shrank, the company’s chief scientific officer, defended Gilead’s hepatitis C drug Sovaldi, which costs $1,000 a pill.
Brennan and Shrank say the drugs value should include its effectiveness compared to other treatments, how it improves quality of life for patients and how it can reduce the overall cost of healthcare.
“While a daily oral medication that costs $1,000 per pill gains attention, the more important issue is the number of people eligible for treatment,” they said.
They point out previous hepatitis C treatments had terrible side effects and were less effective, leading doctors to hold back from prescribing them.
They also note that while Sovaldi has a monopoly on the market right now, a half dozen new hepatitis C drugs are excepted to be available in the next 4 years and will likely drive down the cost of the drug as competition increases.
One regiment of the drug can cost well over $84,000 and 3.2 million people in the U.S. are estimated to have hepatitis C.
Sovaldi has...
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New coal dust rules take effect

Today's post is shared from thehill.com
New rules aimed at limiting miners’ exposure to coal dust rules by improving air monitoring took effect Friday.
The Mine Safety and Health Administration, a unit of the Labor Department, finalized the new rules in April after years of controversy and debate over restricting the standards that had not been changed in decades.
Under the new standards, mine operators will have to more thoroughly check for dust before shifts and take immediate action if levels are too high, and will be prohibited from using sample averages across time.
Air sampling is now required for full shifts when mines are at 80 percent capacity and sampling technicians must be recertified every three years.
The April rule also cut the maximum dust exposure level for miners by 25 percent. But that provision does not take effect until 2016.
The regulations are meant to help prevent black lung disease, an ailment caused by coal dust that has killed thousands of miners.
Coal mining company Murray Energy sued the Labor Department shortly after the rule came out to challenge it.
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US Aid Workers Headed to Atlanta for Ebola Care

Today's post is shared from nytimes.com and concerns infectious disease in the workplace.
When two U.S. aid workers infected with Ebola arrive in Atlanta from Africa, they will be whisked into one of the most sophisticated hospital isolation units in the country.
The specialized unit at Emory University Hospital was opened a dozen years ago to care for federal health workers exposed to some of the world's most dangerous germs.
Now it's being pressed into service for the two seriously ill Americans who worked at a hospital in Liberia, one of the three West Africa countries hit by the largest Ebola outbreak in history.
One of the aid workers is due to arrive Saturday, and the second a few days later, according to officials at the hospital. They are traveling in a private jet outfitted with a special, portable tent designed for patients with highly infectious diseases.
It will be the first time anyone infected with Ebola is brought into the country. U.S. officials are confident they can be treated without putting the public in any danger.
The Emory hospital unit is located just down a hill from the Centers for Disease Control and Prevention. It is one of about four such units around the country for testing and treating people infected with dangerous, infectious germs.
The unit has its own laboratory equipment so samples don't have to be sent to the main hospital lab. Located on the ground floor, it's carefully separated from other patient areas, said Dr. Eileen Farnon, a Temple University doctor who formerly worked at the CDC and led teams investigating...
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Trucker charged with vehicular homicide after alleged cellphone use led to fatal crash in Carlstadt

Today's post is shared from northjersey.com

In what authorities say is one of the first cases of its kind, a tractor-trailer driver who caused a fatal accident in Carlstadt two months ago has been charged with vehicular homicide and lying to police about using a cellphone at the time, authorities said Friday.

Henry Flores, 55, was making phone calls and operating the touch screen on his smartphone when his 1996 Kenworth truck slammed into the back of a vehicle slowing down for traffic in the southbound lanes on the New Jersey Turnpike just before 5 p.m. on June 9, authorities said. They said the crash led to a chain collision involving several vehicles.

Motorist Jeffrey Humphrey, 43, of Harrison — a musician and an audio engineer who had two daughters — was killed in the crash, and several others were injured, authorities said.

State Police said that Flores was arrested Thursday at his residence in Union City. However, Bergen County Prosecutor John Molinelli said Flores has been living in Netcong.

A little less than three months before the accident, Flores was ticketed on March 22 for driving while using a cellphone in Union City, according to state Motor Vehicle Commission records. His record shows a total of 19 driving violations, five in New Jersey, including operating while suspended, speeding, careless driving, and unsafe operation of a motor vehicle.
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Beyond Crisis: Focusing On A Culture Of Workplace Safety Can Deliver Bottom Line Results

Today's post was shared by CAAA and comes from www.safetyonline.com

While the number of workplace accident rates is on the decline in the U.S., a number of high-profile and serious accidents in recent years has led to new safety processes. To create a healthier and safer workplace, UL, a global safety science leader, believes that organizations must establish a culture in which employees actively identify indicators of unsafe conditions, both through formal and informal processes before a crisis hits. In doing so, organizations can learn from safety-related failures, or events that point to the potential for major negative outcomes, and implement necessary changes.
"The evolution of safety in the U.S. has a long and storied past with memorable tragic and catastrophic events. Each one provides a unique perspective for how we can prevent future events, if we take the time to learn from them," said Todd Hohn, UL's global workplace health and safety director. "However, we also believe learning happens through ongoing, day-to-day employee engagement in safety, not just when a crisis occurs."
UL recently hosted a workplace health and safety roundtable in which a number of participants representing a cross-section of senior business executives, insurance and risk management professionals, occupational medicine physicians, university faculty members, research and other subject matter experts came together to discuss pressing issues in creating a workplace health and safety culture today. Some of the...
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