An important struggle over home health care is playing out in California, the nation’s most populous state, including nearly five million residents age 65 and older. Unions and organizations representing the elderly have joined together to push for legislation that would license agencies, certify workers and create a publicly accessible caregiver registry. Home care agencies are pushing back, saying they favor regulation but oppose the measures under consideration. The legislation, Assembly Bill 1217, has already passed the State Assembly and was passed out of the State Senate’s appropriations committee on Friday. It will be up for a vote on the Senate floor next week. An estimated 1,400 home care agencies and 120,000 paid caregivers would be affected by the proposed legislation, which is essentially an effort to bring consumer protections to an industry that has been likened to the Wild West. “It’s just not right that I can check the license status of an air-conditioning repairman but I can’t do so for someone coming into my home to care for a loved one,” said Assemblywoman Bonnie Lowenthal, a Democrat and the bill’s sponsor. |
Sunday, September 1, 2013
In California, Renewed Debate Over Home Care
American Thoracic Society Welcomes OSHA’s Proposed Lower Silica Exposure Standard
The American Thoracic Society welcomes today’s release by the Occupational Safety
and Health Administration (OSHA) of a proposed lower standard for crystalline silica exposure.
“This needed adjustment is long overdue,” said Tee L. Guidotti, MD, MPH, chair of the Department of
Environmental and Occupational Health at the School of Public Health and Health Services of the George
Washington University Medical Center in Washington DC and a member of the American Thoracic
Society’s Environmental Health Policy Committee involved in the Society’s efforts to establish a lower
exposure standard. “The current OSHA standard of for respirable crystalline silica of 0.10 mg/m3 8 hour
time weighted average has remained the same for 40 years and has been shown in numerous studies not to be
protective.”
“We support the proposed lower standard of 0.05 mg/m3 time-weighted average for up to 10 hours during a
40 hour work week, which will protect hundreds and possibly thousands of workers from silica-related
health effects at almost no cost, as silica exposure can be easily prevented with simple and inexpensive
technology.”
Crystalline silica has long been recognized as a serious occupational health hazard, affecting workers in
industries such as granite workers, industrial sand workers and gold miners. Overexposure to respirable
crystalline silica can cause irreversible, progressive lung disease, known as silicosis, and is also associated
with lung cancer, chronic renal disease, and autoimmune disorders. It is estimated that 1.7 million U.S.
workers are regularly exposed to this serious health hazard and that about 200 workers die each year from
silicosis. As many as 7,300 new cases of silicosis occur annually among U.S. workers.
Exposure levels and death rates from silica-related diseases in the U.S. far exceed those of comparable
developed economies around the world. Silicosis has been virtually eliminated in the European Union with
the use of simple and inexpensive measures such as adequate ventilation, wetting rock before it is cut, and
banning sandblasting with silica sand in favor of readily available alternatives.
OSHA first submitted a draft revised standard on respirable crystalline silica to the Office of Management
and Budget’s Office of Information and Regulatory Affairs on February 14, 2011, but a review was not
completed until recently.
“The proposed revised standard should be implemented in conjunction with a mandated periodic surveillance
program to ensure that the measures taken to control exposure are adequate and to identify and mitigate
disease in those workers who are exposed,” said Dr. Guidotti. “Silicosis and the other diseases caused by
crystalline silica exposure are entirely preventable and this new lower standard is an important step toward
this goal.”
and Health Administration (OSHA) of a proposed lower standard for crystalline silica exposure.
“This needed adjustment is long overdue,” said Tee L. Guidotti, MD, MPH, chair of the Department of
Environmental and Occupational Health at the School of Public Health and Health Services of the George
Washington University Medical Center in Washington DC and a member of the American Thoracic
Society’s Environmental Health Policy Committee involved in the Society’s efforts to establish a lower
exposure standard. “The current OSHA standard of for respirable crystalline silica of 0.10 mg/m3 8 hour
time weighted average has remained the same for 40 years and has been shown in numerous studies not to be
protective.”
“We support the proposed lower standard of 0.05 mg/m3 time-weighted average for up to 10 hours during a
40 hour work week, which will protect hundreds and possibly thousands of workers from silica-related
health effects at almost no cost, as silica exposure can be easily prevented with simple and inexpensive
technology.”
Crystalline silica has long been recognized as a serious occupational health hazard, affecting workers in
industries such as granite workers, industrial sand workers and gold miners. Overexposure to respirable
crystalline silica can cause irreversible, progressive lung disease, known as silicosis, and is also associated
with lung cancer, chronic renal disease, and autoimmune disorders. It is estimated that 1.7 million U.S.
workers are regularly exposed to this serious health hazard and that about 200 workers die each year from
silicosis. As many as 7,300 new cases of silicosis occur annually among U.S. workers.
Exposure levels and death rates from silica-related diseases in the U.S. far exceed those of comparable
developed economies around the world. Silicosis has been virtually eliminated in the European Union with
the use of simple and inexpensive measures such as adequate ventilation, wetting rock before it is cut, and
banning sandblasting with silica sand in favor of readily available alternatives.
OSHA first submitted a draft revised standard on respirable crystalline silica to the Office of Management
and Budget’s Office of Information and Regulatory Affairs on February 14, 2011, but a review was not
completed until recently.
“The proposed revised standard should be implemented in conjunction with a mandated periodic surveillance
program to ensure that the measures taken to control exposure are adequate and to identify and mitigate
disease in those workers who are exposed,” said Dr. Guidotti. “Silicosis and the other diseases caused by
crystalline silica exposure are entirely preventable and this new lower standard is an important step toward
this goal.”
Saturday, August 31, 2013
Cost Shifting vs. Cost Fixing
There have always been allegations of cost shifting either to or from workers' compensation and general health. Now Massachusetts is going to study just whether or not this is true, and if so, by how much.
The Massachusetts Department of Public Health is expected to release a report to the state Workers' Compensation Advisory Council in October or November on practices that regulators warned last May may be shifting costs from workers' compensation carriers primarily to MassHealth and to some private health care providers.The alleged problem seems to be three-fold: At a meeting of the Advisory Council last May, Massachusetts Department of Industrial Accidents Deputy Director George Noel said the regulatory agency had indications that some workplace injuries are being processed through MassHealth and that community health centers reluctant to accept workers' compensation claims are shifting cases to "other places."Mickey Long, a member of the advisory council and an attorney for the Massachusetts AFL-CIO, said "There are an increasing number of anecdotes going back a decade involving contractors, where a worker is told by the owner of a company to handle... |
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Is Big Sugar the Next Liability Target?
By Vik Khanna
Growing paranoia is the hallmark of the aging process for me. Although I am a generally affable sort (I know, it doesn’t always seem that way from my writing), I am also a fairly suspicious person. I am starting to think that all the food industry’s sweet talk about the innocence of sugar is really just icing on a toxic cake and that we’ve all been sold a bill of goods. In particular, I wonder — and part of me hopes — that Big Sugar might soon replace Big Tobacco as the favorite target of our most underappreciated and misunderstood national resource…the plaintiff’s bar. There is no question we eat way too much sugar and that the increase in consumption has coincided nicely with both our rise in obesity and decline in health status even though we are living longer. Not that I think the Tobacco Settlement (TS) was great social policy. You can read my full view here; but, to summarize, as an immigrant and a person of color, a part of me resents the TS because all it did is push the burden of fulfillment of the financial terms into the hearts and lungs of people in Africa, Asia, and Latin America. The smug satisfaction of tobacco opponents in the US and their glib dismissal of the impact on predominantly poor people of color around the world is first order racism. Any analogous move against Big Sugar (BS) could be quite interesting. There is, of course, the delectable duality of... |
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Second Circuit to consider petition to reassign federal judge in Chevron RICO case
The U.S. Court of Appeals for the Second Circuit will consider a petition to reassign a federal judge overseeing a case stemming from a $19 billion judgment against oil giant Chevron Corp.
In a notice filed Aug. 14, the Second Circuit set Sept. 26 for oral argument on the petition to reassign Judge Lewis Kaplan for the U.S. District Court for the Southern District of New York.
Kaplan is currently presiding over a RICO lawsuit that Chevron filed against a group of Ecuadorians and their lawyers. The fraud case was filed by the company in the New York federal court in 2011.
New York attorney Steven Donziger and Ecuadorian plaintiffs Javier Piaguaje and Hugo Camacho filed a petition for writ of mandamus with the federal appeals court in June. They want the judge to be removed from the case for his alleged bias.
In a rare move, the court asked Kaplan for a legal brief in his defense. However, the judge “respectfully declined” the court’s invitation, according to a letter last month.
The U.S. Chamber of Commerce has filed an amicus brief in the case.
“The Chamber is concerned that improper resolution of Petitioners’ tactical use of a request for judicial reassignment could set a dangerous precedent with long-standing effects,” former U.S. Attorney General Michael Mukasey wrote in the brief, filed July 29.
The Chamber’s Institute for Legal Reform owns Legal Newsline.
This week, Donziger and the Ecuadorian...
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Defense bar files brief to U.S. SC in support of insurer
DRI: The Voice of the Defense Bar this week filed an amicus brief with the U.S. Supreme Court, saying the terms of an Employee Retirement Income Security Act-covered plan must be upheld.
Heimeshoff v. Hartford Life & Accident Insurance Co. et al. is expected to settle differences among the courts of appeals regarding the extent to which the terms of an ERISA-covered plan can establish the date on which the statute of limitations to file a claims for benefits complaint in federal court will begin to run.
The Employee Retirement Income Security Act protects the assets of millions of Americans so that funds placed in retirement plans during their working lives will be there when they retire.
According to the U.S. Department of Labor, ERISA is a federal law that sets minimum standards for pension plans in private industry.
For example, if an employer maintains a pension plan, ERISA specifies when an employee must be allowed to become a participant, how long they have to work before they have a non-forfeitable interest in their pension, how long a participant can be away from their job before it might affect their benefit, and whether their spouse has a right to part of their pension in the event of their death.
Most of the provisions of ERISA are effective for plan years beginning on or after Jan. 1, 1975.
On Aug. 22, 2005, Julie Heimeshoff, a Walmart employee, submitted a claim for long-term disability benefits under the ERISA-covered...
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AMA President Optimistic About A Fix For Medicare’s Doctor Payment Formula
Known as the “sustainable growth rate” or SGR, the formula routinely threatens double-digit payment reduction to doctors until Congress steps in at the last minute to stop the cuts. Currently a 25 percent cut looms Jan. 1 unless Congress takes action again. An admitted optimist, Hoven says she sees plenty of evidence to support her view that Congress is prepared to pass a permanent SGR fix this year. The AMA president points to wide bipartisan support in both chambers. She notes that the House Energy and Commerce Committee passed SGR legislation before the August break — well before the usual end-of-the-year scramble that has been the usual path to a short- term SGR fix. The House Ways and Means and Senate Finance panels are also actively working on a solution. “This is different. This is palpably different,” Hoven says in an interview. According to the Congressional Budget Office, replacing the SGR would cost about $140 billion, down from earlier estimates as high as $300 billion. But in this era of deficit reduction, it’s unclear where Congress can find that much cash for anything, let alone to pay for the doc fix. Expect a big battle if lawmakers, as they have in the past, turn to other Medicare providers, such as hospitals, home health... |
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