| One of the nation’s biggest nursing home chains, Extendicare, has agreed to pay $38 million to resolve federal claims that it inappropriately billed for physical therapy and provided such poor care to residents that it was effectively worthless, the Justice Department said on Friday. The settlement with Extendicare, which owns about 150 homes in 11 states, is the largest settlement in the department’s history involving a nursing home chain accused of providing substandard care to residents. Federal prosecutors said Extendicare’s executives did not hire enough trained nurses to care for the patients in 33 of its homes, leading to what they described as “pervasive” problems, including failing to prevent serious falls and head injuries and failing to prevent bed sores. The care was so inadequate, officials said, that some patients became malnourished and dehydrated and developed infections that led to unnecessary hospitalizations. The claims originated in a federal whistle-blower lawsuit filed in Ohio that accused the chain of poor quality of care. “These problems stemmed in large part from Extendicare’s business model — a model that was driven more by profit and less by the quality of care it provided,” Joyce R. Branda, an acting assistant attorney general, said Friday. Extendicare, a Canadian company whose United States headquarters is in Milwaukee, is the seventh-largest nursing home operator in the country, ranked by the... |
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Friday, October 17, 2014
Chain to Pay $38 Million Over Claims of Poor Care
Angry Parents Demand Answers As OC Schools Remain Closed For Asbestos Testing
| Angry parents in Orange County are demanding answers as school closures Monday dragged into their second week due to asbestos testing. Parents say they’re frustrated by the lack of information Ocean View School District officials are providing about their students’ futures. Oak View Elementary students and parents in Huntington Beach marched in front of the district’s office Monday morning, hoping someone would explain when the children will return to class. “We brought our kids because they want their school back. They want their education back,” Oak View parent Olga Flores said. “What’s going to happen with the kids’ education? We have not got any answers at all. We come to meetings and they just stand up and walk away.” It’s been six days since administrators shut down the campus to test for a possible presence of asbestos. The approximately 750 Oak View students aren’t the only ones who have been away from school. Hope View and Lake view Elementary are also closed, leaving an additional 850 kids in limbo. Authorities say the campuses are old and asbestos is present in the fire-proofing materials in the roof. At Hope View, an asbestos fiber was found in a wipe test in one classroom. Asbestos was also detected in two other classrooms at Lake View Elementary, according to the district. The asbestos will be removed over the course of the next few months, officials say. ... |
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). 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.
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East Penn board accused of asbestos cover-up
| A barrage of questions – as well as accusations of an asbestos cover-up – was fired at by several residents Monday night. “Is the school district engaged in a cover-up of illegal acts?” asked resident Chris Donatelli. “It has been confirmed both by the EPA and the DEP that no one is permitted to bury these types of materials. It’s against the law.” “Who knew about the asbestos problem at the Wescosville school?” asked resident Charles Rhoads. “Who is responsible? Who ordered the cover-up? When will the cover-up end?” No one on the school board provided any answers. District superintendent J. Michael Schilder did report that all the buried construction debris has been removed from the site. He said the removal began Oct 6 and concluded Oct. 9. Schilder said the material being removed was tested on site – although he did not reveal results of that testing -- and that the excavation was monitored by a representative of the U.S. Environmental Protection Agency. “No identifying information was found in any of the material that was removed,” said the superintendent, meaning no clues were unearthed to shed light on the source... |
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Death Toll Linked to G.M. Defect Reaches 27
| The death toll linked to General Motors’ defective ignition switch has now more than doubled from the company’s original estimate. Twenty-seven wrongful death claims filed to the company’s victim compensation program have been deemed eligible for payment, according to a weekly update posted on the program’s website on Monday. For months after it began recalling cars with the faulty switch, G.M. estimated that 13 people had died in accidents linked to the defect, though executives held out the possibility that the number could rise. G.M. has given Kenneth R. Feinberg, the victim compensation expert who is running the company’s payment program, sole discretion to determine the number of eligible claims for deaths and injuries associated with the faulty switch — a flaw that can cause power to cut out in a moving car, disabling air bags, power steering and power brakes. This year, G.M. has recalled 2.6 million cars that could have the faulty switch defect, more than a decade after engineers inside the company first spotted a problem. As of Friday, the Feinberg program had received a total of 1,371 claims, 178 of them for wrongful deaths, and had accepted a total of 52 claims for payment. Many of the others are still under review, awaiting further evidence. Some have been rejected, though the fund did not report how many. |
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Senators to FDA: Stronger warning labels needed for e-cigarettes
| Senate Democrats urged the Food and Drug Administration (FDA) to require stronger warning labels for e-cigarettes. Sens. Barbara Boxer (D-Calif.), Dick Durbin (D-Ill.), Richard Blumenthal (D-Conn.), Jack Reed (D-R.I.), Sherrod Brown (D-Ohio) and Ed Markey (D-Mass.) wrote to FDA Commissioner Margaret Hamburg Thursday asking her to finalize proposed rules to expand the agencies ability to regulate all nicotine products. The senators wrote that because of a lack of federal regulations, e-cigarette companies are producing their own warning labels that fail to list all of the health threats. They said the pending FDA proposal warning also wouldn’t go far enough. “In FDA's proposed 'deeming regulation,' the agency includes a warning label for e-cigarettes that does not adequately warn consumers on the known dangers of nicotine use. The proposed label reads 'WARNING: This product contains nicotine derived from tobacco. Nicotine is an addictive chemical,'” the letter stated. “We support requiring a label on nicotine's addictive properties, but we ask the FDA pursue requirements for more extensive warnings that address health risks that e-cigarettes pose.” More lawmakers have grown concerned over e-cigarette use as nicotine poisoning incidents rise. The Democratic senators have also introduced the Protecting Children from Electronic Cigarette Advertising Act, which would ban marketing e-cigarettes to minors. |
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ISO is failing the standard test
| Today's post is shared from ituc-csi.org/ Standards underpinning safety management at work should be a good thing, right? Right – but only if they are good ones. And the draft standard cooked up by the International Organisation for Standardisation (ISO), warns ITUC general secretary Sharan Burrow, is far from good. When the International Organisation for Standardisation (ISO) decided in 2013 to proceed with its own international standard for an Occupational Health and Safety Management System – ISO 45001 - it knew there were sensitivities. ISO, after all, does not have an expert mandate in occupational health and safety, and it doesn’t have to listen to those who have. Its membership is restricted to national standards bodies. These bodies at national level might allow unions and employers a say but they are, like ISO, constituted to set standards for “consumers.” The British Standards Institute (BSI), which chairs and provides the secretariat for the ISO 45,001 standard, has about 10,000 members, few of whom will have worker safety on their... |
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Thursday, October 16, 2014
Malala Yousafzai: By the Book
Today's post was shared by Steven Greenhouse and comes from www.nytimes.com
The activist and co-author of “I Am Malala: How One Girl Stood Up for Education and Changed the World” relished “The Wonderful Wizard of Oz,” the first book she read in the hospital when recovering from an attack by the Taliban. New York Times correspondent Jodi Kantor will continue the conversation with Malala Yousafzai at a Times Talk this evening; click here to watch it live or afterwards. What book are you reading right now? I’ve been reading “Of Mice and Men,” by John Steinbeck, which is on the school curriculum. It’s a short book, but it is filled with so much. It really reflects the situation of 1930s America. I was fascinated to learn how women were treated at the time, and what life was like for poor itinerant workers. Books can capture injustices in a way that stays with you and makes you want to do something about them. That’s why they are so powerful. What’s the last truly great book you read? “The Alchemist,” by Paulo Coelho. I like it because it is hopeful and inspiring. It tells the story of a boy who embarks on a journey to find a treasure, but as he goes along, he learns from every part of his journey and every person he meets. In the end, he finds his treasure in a very interesting place. His story tells you that you should believe in yourself and continue your journey. Who are your favorite contemporary writers? Deborah Ellis (author of “Parvana’s Journey”)... |
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Workers Need Adequate Protection from Ebola, Infectious Diseases
Dozens of New York area airport workers took part in an awareness training provided by SEIU trainers and healthcare professionals. The training came as workers have revealed their lack of training to deal with infectious diseases in light of the Centers for Disease Control's updated advice on preventing the spread of Ebola in our airports. I was really glad to know that we would be getting this training, because I don't think we are getting what we need to keep ourselves safe at the airport. A lot of us are worried about this because we know there's a risk of passengers coming through who have Ebola. The equipment we have is just not good enough to deal with that. Also, this training is more than we've gotten so far from my company. They told us yesterday we should wash our hands and use gloves, and we could get gloves if we asked. I've been working here for a while and just like some contractors, they don't like to buy good equipment. When we clean the bathrooms, we are exposed to everything, so I am really glad to know that I'm getting this training. In the past, contractors have told us just to wash our hands and use gloves. Cleaning kits are not readily available to protect against the various bodily fluids we encounter every day. Sometimes all we have are paper towels to wipe down the bathrooms. That can be a real problem because we have to deal with some tough things -- vomit,... |
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Scott Walker: I Don't Think Minimum Wage 'Serves A Purpose'
The topic came up during an interview with an editorial board on on Tuesday. "Well I'm not going to repeal it but I don't think it serves a purpose because we're debating then about what the lowest levels are at," Walker said during a televised interview with the Milwaukee Journal-Sentinel. "I want people to make — like I said the other night — two or three times that." Walker went on to say that the policies his administration has been pushing are meant to raise Wisconsinites above the minimum wage level. "The jobs I have focused on, the training we've put in place, the programs we've put in place is not for people to get minimum wage jobs," Walker continued. "It's the training whether it's in apprenticeships, whether it's in our tech colleges, or our UW system —it's to try and apply the training, the skills, the talents, the expertise people need to create careers that pay many many times over." That comment came less than a week after Walker was asked at a debate on Friday about the minimum wage. He refused to give a straight answer on whether it should be increased and instead said that he wanted to create "jobs that pay two or three times the minimum wage." Walker's opponent, Democratic candidate Mary Burke, meanwhile said she strongly supports raising the minimum wage to $10.10 an hour. The TPM... |
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Two Groups Complete Inspections of 1,700 Bangladesh Garment Factories
Today's post was shared by Steven Greenhouse and comes from www.nytimes.com
Two big groups of retailers and apparel brands have completed a major step toward advancing garment-factory safety in Bangladesh: They have finished inspecting nearly 1,700 factories in that country. A European-dominated group — the Bangladesh Accord on Fire and Building Safety, with 189 corporate members, including H&M and Carrefour — said on Tuesday that it had found more than 80,000 safety problems in the 1,106 factories it inspected. The other — an American-dominated group, the Alliance for Bangladesh Worker Safety — completed inspections in July of the 587 factories that its 26 members, including Walmart, Gap and Target, use in that country. The groups are working with Bangladeshi factory owners to promote safety and finance improvements, like fireproof doors or fire-sprinkler systems, that are required for garment factories 75 feet or taller in Bangladesh. “We have found safety hazards in all factories, which was to be expected,” said Brad Loewen, the chief safety inspector of the Bangladesh Accord. “The safety findings have ranged from minor to significant.” Ian Spaulding, a senior adviser to the Alliance, said: “Inspections were the easy part. Now comes the hard part.” The Alliance estimated that it would cost $250,000 on average for safety improvements at each factory. Alan Roberts, the Accord’s executive director for international operations, said the cost for some factories would be $1 million. All... |
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Impact of minimum wage hike likely a wash, UNL economist says
Today's post was shared by Steven Greenhouse and comes from www.omaha.com
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Misclassification of Workers Yields Penalties
| Today's post is shared from daviddepaolo.blogspot.com/ A lot of employers try to lower their workers' compensation costs by fudging the numbers on their payroll reports, or paying workers "under the table," or misclassifying their jobs. Some employees take advantage of the no-fault design of the system to make claims that didn't occur, or inflate the severity of the claim. And there are some people on the claims side that try to "meet the numbers" by denying, delaying and otherwise obfuscating claim realities and legal obligations. But the penalties meted are different depending upon your place in the system and don't necessarily reflect the crime. For instance, WorkCompCentral did an analysis of California Department of Insurance fraud statistics. Between Jan. 1, 2013, and July 10, 150 individuals were convicted of defrauding workers' compensation carriers out of $8 million; $6.7 million, or 83.75%, came from 30 of the 77 convictions for premium fraud, such as misreporting payroll, classifying workers as independent contractors or operating without mandatory workers' compensation insurance. The CDI data does not have an estimated loss for the remaining 47 of those convictions, but if extrapolated against the "known" losses, then the total for that time period is $17.5 million of losses attributable to employers. $1.3 million out of that "known" $8 million is attributed to false claims filed by 67 of 73 individuals. Losses for the remaining six of those false claim cases were not included in... |
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Wednesday, October 15, 2014
Against Rules, Dallas Worker With Ebola Boarded Plane
DALLAS — A second nurse at a hospital here tested positive for Ebola on Wednesday, the third case of disease confirmed in Dallas in the span of 15 days and the first to heighten fears far beyond the city.
The nurse, Amber Joy Vinson, 29, took a flight earlier this week from Ohio to Texas, a trip that federal health officials said should not have been taken.
Ms. Vinson was part of the medical team at Texas Health Presbyterian Hospital that cared for the Ebola victim Thomas Eric Duncan after he was admitted on Sept. 28 and put in isolation.
“Because at that point she was in a group of individuals known to have exposure to Ebola, she should not have traveled on a commercial airline,” Dr. Thomas R. Frieden, director of the federal Centers for Disease Control and Prevention, said Wednesday. “The C.D.C. guidance in this setting outlines the need for what is called ‘controlled movement.’ That can include a charter plane, that can include a car, but it does not include public transport.”
Though she traveled on Monday, the day before she reported symptoms on Tuesday, Ms. Vinson was among a group of workers at Presbyterian who were being monitored after the diagnosis on Sunday of the first nurse, Nina Pham, 26. Although Ms. Vinson’s temperature did not meet the fever threshold of 100.4, she reported to health officials that her temperature was 99.5.
Because of the proximity in time between the evening flight Monday and her first report of...
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Women must ask for raises if we are to close the pay gap
Today's post was shared by Steven Greenhouse and comes from www.washingtonpost.com
In this Tuesday, Sept. 30, 2014 file photo, Microsoft Chief Executive Officer Satya Nadella speaks to students in New Delhi. On Thursday, Oct. 9, 2014, Nadella spoke at an event for women in computing held in Phoenix, saying women don't need to ask for a raise. They should just trust the system. He was asked to give his advice to women who are uncomfortable requesting a raise. (Manish Swarup/AP) Don’t ask. Just trust that the system will reward you for your compliance. That is the message Microsoft chief executive Satya Nadella delivered last week, when prodded for advice to give women who are reluctant to request raises. “It’s not really about asking for the raise but knowing and having faith that the system will actually give you the right raises as you go along,” said Nadella. “Because that’s good karma,” he continued, shoving his foot deeper down his esophagus. “It’ll come back because somebody’s going to know, ‘That’s the kind of person that I want to trust. That’s the kind of person that I want to really give more responsibility to.’ ” Again, this was advice to women, who earn less than men in almost every occupation on Earth. Also, such advice was delivered at a conference for women in tech, an industry in which, for many years, the biggest employers illegally conspired to depress employee pay. Sure sounds like a system workers can trust. Three basic take-aways about... |
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Employee vs. Independent Contractor: Can You Tell the Difference?
| State and federal regulators are increasingly acting to combat worker misclassification. Before using independent contractors, it is imperative to verify that they are not actually employees. The issue is legal in nature so the legal principals must be thoroughly considered and applied. Mistakes, no matter how innocent, can result in costly lawsuits and significant legal penalties. As we have previously discussed on Scarinci Hollenbeck’s Business Law News, worker misclassification occurs when a bona fide, common law employee is classified to be an “independent contractor.” In some cases, worker misclassification is intentional to avoid tax withholding, overtime pay and insurance requirements such as Workers Compensation and Unemployment Insurance. Sometimes it occurs simply because the employer did not properly understand the law. To aid the analysis, the Department of Labor (DOL) recently published a revised factsheet on worker misclassification. As the DOL highlights, an employment agreement stating that a worker is an independent contractor hold very little weight, if any. Rather, the actual nature of the working relationship is determinative. Over 25 states also apply the “ABC” test which is even more difficult to overcome (as many prominent trucking companies have been learning in recent court cases). Below are several key factors that are generally considered when determining whether an employment relationship exists: |
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Benzene Exposure Claim: Court Dismisses Alleged Fatal Multiple Myeloma
The Court ruled that even though a de bene esse deposition was taken of the employee, the deposition was lacking as to proof of adequate and sufficient exposure:
"...The judge noted that decedent did not testify how many times he worked with benzene, whether he ever spilled this chemical, or the number of times he may have smelled it. Decedent never testified he was exposed to benzene the 100 to 150 times a year necessary, according to petitioner's expert, to become a causal factor for his multiple myeloma. Decedent's “blood tests[,] taken after his alleged exposure from 1977 to 1982, ... [showed] no evidence of benzene exposure presenting itself.”Under these circumstances, the judge concluded that decedent did not prove “sufficient exposure to benzene” to have caused his multiple myeloma.
During the trial the Court did not permit the wife to testify as to the circumstance of the on the job exposure:
"We also reject petitioner's argument that the judge erred in not permitting her to testify concerning decedent's job duties. Petitioner testified in order to establish that she qualified as decedent's dependent for purposes of filing a dependency claim. During her testimony, petitioner stated that she knew decedent “worked in the chemical department. That's the only thing I know.”She was not sure
what labs he worked in during his employment with respondent. Respondent objected to this testimony and the judge ruled that petitioner's testimony should be limited to whether she was dependent upon decedent for purposes of pursuing her claim.
Additional incomplete discovery responses by the employer was not an error for reversal on appeal since the petitioner's attorney did not seek enforcement sanction at the trial level.
"....petitioner argues respondent failed to answer certain interrogatories. However, N.J.A.C. 12:235–3.7(b) requires that discovery be completed within 180 days from the filing of the respondent's answer. Respondent filed its answer on July 31, 2009, but petitioner did not file her motion seeking to suppress respondent's defenses until February 23, 2011, well after the expiration of the discovery
period. Moreover, in opposition to plaintiff's motion, respondent certified that it provided petitioner with all of the documentation in its possession concerning decedent, including his personnel file. We therefore conclude that this argument lacks merit.
Hallquist v. E.I. DuPont De Nemours, 2014 WL 5048950 (N.J.Super.A.D.) Decided October 10, 2014
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Global Handwashing Day — October 15, 2014
Handwashing with soap has an important role to play in child survival and health. Approximately 2.2 million children aged <5 years die each year from diarrheal diseases and pneumonia, the top two causes of death among young children globally (1). Handwashing with soap can reduce the incidence of diarrhea among children aged <5 years by 30% (2) and the incidence of respiratory infections by 21% (3).
Although persons around the world clean their hands with water, few use soap to wash their hands. Washing hands with soap removes bacteria much more effectively (4).
Additional information on Global Handwashing Day is available from CDC at http://www.cdc.gov/features/globalhandwashing. General handwashing information is available from at http://www.cdc.gov/handwashing. Information on water-related hygiene is available athttp://www.cdc.gov/healthywater/hygiene/index.html.
References
Liu L, Johnson HL, et al.; Child Health Epidemiology Reference Group of WHO and UNICEF. Global, regional, and national causes of child mortality: an updated systematic analysis for 2010 with time trends since 2000. Lancet 2012;379:2151–61.
Ejemot RI, Ehiri JE, Meremikwu MM, Critchley JA. Hand washing for preventing diarrhoea. Cochrane Database Syst Rev 2008;(1):CD004265.
Aiello AE, Coulborn RM, Perez V, Larson EL. Effect of hand hygiene on infectious disease risk in the community setting: a meta-analysis. Am J Public Health 2008;98:1372–81.
Burton M, Cobb E, Donachie P, Judah G, Curtis V, Schmidt WP. The effect of handwashing with water or soap on bacterial contamination of hands. Int J Environ Res Public Health 2011;8:97–104.
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Monday, October 13, 2014
Dallas Nurse Contracts Ebola Virus, Elevating Response and Anxiety
Today's post was shared by Steven Greenhouse and comes from mobile.nytimes.com
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Formularies in the News
| The California Workers' Compensation Institute (CWCI) released their study of controlling pharmaceuticals on October 6, 2014. They acknowledge that Washington and Texas have each implemented drug formularies, and have enjoyed cost savings as a result. The complete report is here. Their data helps with the question of whether a formulary might be part of the solution elsewhere, California in particular. Formulary restrictions are not new. Texas enacted legislation in 2005 that led to the deployment of its formulary. The results have been remarkable. Prescription volume has dropped and the cost of "non-formulary drugs" decreased by 80% according to the Workers' Compensation Research Institute. I summarized some of the WCRI findings in a June 2014 post. Another interesting point on closed formularies is the control they afford regarding specific medications or potentially types of medication. The Texas experience with Zohydro, and its recent approval by the FDA is discussed in a December 2013 post. Essentially, while others have wondered about the effect of "heroin in a pill," Texas simply did not add it to their formulary, and that is that. For a doctor to prescribe it in a Texas Comp case is not impossible, but it will require paperwork and... |
Related articles
- California could save $124M-$420M a year with closed comp drug formulary (businessinsurance.com)
- Drug formularies - much needed in workers comp (xcuz.me)
