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(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Sunday, August 31, 2014

Coverage for End-of-Life Talks Gaining Ground

Today's post is shared from nytimes.com


Five years after it exploded into a political conflagration over “death panels,” the issue of paying doctors to talk to patients about end-of-life care is making a comeback, and such sessions may be covered for the 50 million Americans on Medicare as early as next year.
Bypassing the political process, private insurers have begun reimbursing doctors for these “advance care planning” conversations as interest in them rises along with the number of aging Americans. People are living longer with illnesses, and many want more input into how they will spend their final days, including whether they want to die at home or in the hospital, and whether they want full-fledged life-sustaining treatment, just pain relief or something in between. Some states, including Colorado and Oregon, recently began covering the sessions for Medicaid patients.
But far more significant, Medicare may begin covering end-of-life discussions next year if it approves a recent request from the American Medical Association, the country’s largest association of physicians and medical students. One of the A.M.A.’s roles is to create billing codes for medical services, codes used by doctors, hospitals and insurers. It recently created codes for end-of-life conversations and submitted them to Medicare.
The Centers for Medicare and Medicaid Services, which runs Medicare, would not discuss whether it will agree to cover end-of-life discussions; its...
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Endless Assault on Health Care Reform

Today's post is shared rom nytimes.com
The opponents of the Affordable Care Act make no secret of their consuming hatred for the law that has already provided health care to millions of lower-income people.
From the beginning, they have tried everything they could to kill it. As one conservative scholar, Michael Greve, said in 2010: “I do not care how this is done, whether it’s dismembered, whether we drive a stake through its heart, whether we tar and feather it and drive it out of town, whether we strangle it.” Yet the challengers keep losing in Congress and in court.
The latest jerry-built effort to destroy health care reform could be defeated in the full federal appeals court in the District of Columbia. In July, a three-judge panel of that court — taking a ridiculously crabbed view of a section in the law — ruled 2-to-1 that tax-credit subsidies are allowed only for those buying insurance on a health exchange “established by the state.” Therefore, it said, no subsidies for people in 36 states where the federal government set up the exchange because the states refused to do so.
There is no evidence that Congress intended to make this distinction, which defies the law’s central purpose. In fact, this argument was rejected unanimously by a three-judge panel of the federal appeals court in Virginia.
Now the fight has shifted to an arcane legal debate over whether the full appeals court in the District of Columbia should rehear the case or allow it to be appealed...
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California Legislature Passes Bill to Protect Temp Workers

Today's post is shared from http://www.propublica.org/
The bill, inspired in part by a ProPublica investigation, will hold companies accountable for labor abuses by temp agencies and subcontractors they use.The California legislature has passed a bill that would hold companies legally responsible if the temp agencies and subcontractors they hire cheat workers out of their wages or put them in harm's way.
Labor officials across the country have increasingly expressed concern about the rapid growth of the temporary staffing industry since the recession. They have also noted the push by hotels and warehouses to subcontract work that is part of their core business, such as cleaning guest rooms and unloading trucks.
Assembly Bill 1897, passed Thursday night, was inspired in part by a ProPublica investigation last year that found that temp workers were more likely to be injured on the job than regular workers and that some temps for brand-name companies were being charged fees that brought their pay below minimum wage.
"We are one step closer to preventing companies from engaging in a 21st century scam by claiming the men and women who do their work are not really employees, but 'temporary workers' for labor contractors or agencies," Jim Hoffa, president of the Teamsters union, said in a statement after the bill passed the state Senate earlier this week. "This corporate shell game allows corporations to deny responsibility for basic worker rights like pay, benefits, and working conditions."
The Teamsters and the...
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Saturday, August 30, 2014

South Carolina Man Sentenced for Knowing Endangerment by Release of Asbestos

United States Attorney Bill Nettles stated today that Scott William Farmer, age 37, of Anderson, South Carolina was sentenced Tuesday in federal court in Spartanburg, South Carolina, for Knowing Endangerment by Release of Asbestos, a violation of 42 U.S.C. § 7413(c)(5). United States District Judge Mary Geiger Lewis of Spartanburg sentenced Farmer to 41 months imprisonment and 3 years supervised release.

Evidence presented at the change of plea hearing established that between November 2012 and April 2013, Farmer and others working for Farmer demolished portions of Haynsworth Mill, located at 2115 McDuffie Street, Anderson, SC, in order to sell scrap metal from the building. The materials in the building contained hazardous levels of asbestos. Farmer was repeatedly warned by South Carolina Department of Health and Environmental Control to stop his demolition efforts because of the danger. Farmer continued tearing down the building and failed to take required precautions to safeguard his workers, individuals to whom he sold the metal from the Mill, and the public. On March 14, 2013, an Emergency Order was issued against Farmer to cease all activities on the site due to the hazardous levels of asbestos. In April of 2013, DHEC inspectors again located Farmer and another conducting demolition work on the contaminated site.

"Exposure to asbestos can cause serious health problems and in some cases may prove fatal,” said Maureen O’Mara, Special Agent in Charge of EPA’s criminal enforcement program in South Carolina. “The defendant’s actions threatened not only the environment but the safety of his workers and the surrounding community. EPA and its law enforcement counterparts take seriously our obligation to investigate these violations and prosecute to protect the public's well-being." United States Bill Nettles stated, "The United States Attorney's Office is committed to protecting the citizens of South Carolina and our natural resources from hazardous pollutants such as asbestos. Our office will continue to prioritize the environmental work we do with both federal and state agencies, to ensure that our state is protected and others are deterred from breaking the law.."

The case was investigated by agents of the Environmental Protection Agency and Department of Health and Environmental Control of South Carolina. Assistant United States Attorney Jamie Lea Schoen of the Greenville office prosecuted the case.

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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.

Popular antibiotics implicated in nerve damage, says study with B.C. links

Today's post was shared by Take Justice Back and comes from www.vancouversun.com

A popular class of oral antibiotics doubles the risk of experiencing permanent nerve damage, according to new research published in the journal Neurology.
Fluoroquinolones are one of the most-prescribed classes of antibiotics in B.C., often used in cases of respiratory and urinary tract infection, but they have been implicated in a variety of serious side effects.
“An Ontario group found a link with liver disease. We found a link with retinal detachment and kidney disease, and now peripheral neuropathy. These are pretty serious, nasty conditions compared with a more typical antibiotic, which might give you a couple of days of diarrhea,” said lead author Mahyar Etminan, a drug safety researcher at the University of B.C.
The most popular of these drugs, ciprofloxacin, mocifloxacin and levofloxacin, are sold under the trade names Cipro, Avelox and Levaquin.
The U.S. Food and Drug Administration last year ordered a warning be added to the labelling on all fluoroquinolone drugs after receiving anecdotal reports of peripheral neuropathy, which causes muscle weakness, numbness and pain.
Etminan’s group sought to quantify the risk.
“In the past couple of years, there were lots of cases reported to the FDA of peripheral neuropathy, which is a condition in which the...
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Urgent Care Centers Opening For People With Mental lllness

Today's post was shared by Kaiser Health News and comes from capsules.kaiserhealthnews.org

Hoping to keep more people with mental illness out of jails and emergency rooms, county health officials opened a mental health urgent care center Wednesday in South Los Angeles.

The goal of The Martin Luther King, Jr. Mental Health Urgent Care Center is to stabilize and treat people in immediate crisis while connecting them to ongoing care. Run by Exodus Recovery, it will be open 24 hours a day, seven days a week and can serve up to 16 adults and six adolescents. During their stay of up to one day, patients will undergo a psychiatric evaluation, receive on-the-spot care such as counseling and medication and be referred for longer-term treatment.

The center can take people in severe crisis and expects many will be brought in by police and paramedics, said Connie Dinh, vice president of nursing services for Exodus. But she said it cannot accept people who are incoherent, extremely aggressive or need emergency medical attention. They will still need to be treated at hospitals or inpatient psychiatric facilities.

Staff will be able to place people on 72-hour psychiatric holds if they are a danger to themselves or others.

Mental health urgent care centers, also known as crisis stabilization units, are opening throughout California in response to the shortage of psychiatric beds and the increase in patients with mental illnesses showing up at hospital emergency rooms with nowhere else to go,...


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Obama Vows Better Health Care, Other Initiatives, For Vets, Military

Today's post was shared by Kaiser Health News and comes from www.kaiserhealthnews.org


Addressing the American Legion’s national convention, the president announced steps to expand access to mental health care and an initiative to lower home loan costs for military families. He also promised a new "culture of accountability' at the Department of Veterans Affairs.
The New York Times: Obama Tells Veterans He Will Fix Health System, As New Report Lists Lapses
President Obama on Tuesday promised several thousand military veterans that he would fulfill his “sacred trust” to those returning from America’s wars by overhauling a dysfunctional health care system, even as a new report documented “unacceptable and troubling lapses” in medical treatment (Baker and Philipps, 8/26).
Los Angeles Times: Obama Tells American Legion He's Working To Regain Veterans' Trust
The list included seemingly straightforward changes, such as making it easier for veterans to earn commercial driver's licenses, and new funding for complex research. The Pentagon and the National Institutes of Health have launched a study on early detection of suicide risk, post-traumatic stress disorder and traumatic brain disorder, while the VA will invest $34.4 million in a national clinical trial on suicide prevention involving 1,800 veterans at 29 hospitals, the White House said (Hennessey, 8/26).
The Washington Post: Obama Pledges Better Mental Health Services, Other Initiatives For Military, Vets
Heralding a new...
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