Antipsychotic drugs have helped many people with serious mental illnesses like schizophrenia or bipolar disorder. But for older people with Alzheimer's or other forms of dementia, they can be deadly. The Food and Drug Administration has given these drugs a black box warning, saying they can increase the risk of heart failure, infections and death. Yet almost 300,000 nursing home residents still get them. “ There are many near misses, whether it's hospitals or nursing homes, where medication might be given that's not needed and doesn't cause permanent harm. We view that as a learning opportunity. - Dr. Patrick Conway, chief medical officer, Centers for Medicare and Medicaid Services So in 2012, the federal government started a campaign to get nursing homes to reduce their use of these drugs. But an NPR analysis of government data shows that the government rarely penalizes nursing homes when they don't get with the program. Take Texas for example. More than a quarter of nursing home residents there still get antipsychotic drugs. Since the beginning of the federal initiative, the nationwide average has dropped below 20 percent. That puts Texas in last place compared with other states and the District of Columbia. So Texas is playing catch-up. The state recently conducted a series of trainings to teach nursing home employees that... |
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Friday, December 12, 2014
Nursing Homes Rarely Penalized For Oversedating Patients
Honda to Help Takata as Global Recalls Expand, Nikkei Says
Honda Motor Co. will expand its recalls for faulty air bags made by Takata Corp. globally and provide financial support to the supplier if necessary, the Nikkei newspaper reported. Honda will ensure Takata can continue operating as allowing it to fail would create trouble for automakers, Nikkei reported, citing an interview with Honda President Takanobu Ito. Akemi Ando, a Honda spokeswoman, said the Tokyo-based company hasn’t made any decisions related to providing financial help to Takata. “Honda will keep cooperating with Takata until all the necessary parts are replaced,” she said by phone. The number of Honda vehicles called back for repair will double in the U.S. and increase by a total of about 1 million in China, Japan and elsewhere, bringing the tally to 13 million, according to Nikkei. At least 10 automakers have recalled cars worldwide to replace Takata air bags that can deploy with too much force and spew metal parts at passengers. Honda, which is Takata’s biggest customer and holds 1.2 percent of its shares, is willing to shoulder part of the added costs from the wider recalls to get to the bottom of its supplier’s air-bag problems, the newspaper cited Ito as saying. Takata’s shares climbed as much as 7.8 percent and traded up 0.4 percent as of the 11:30 a.m. break in Tokyo trading. Honda slid about... |
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FDA: Idaho Knew About Chobani Mold Problem Before 2013 Recall
A federal report obtained under the Freedom of Information Act (FOIA) indicates that the Idaho Department of Agriculture knew about that moldy Chobani yogurt two months before it was recalled. The state denies the claim found in a U.S. Food and Drug Administration report by the Twin Falls Times-News, the daily newspaper located near the Idaho Chobani plant. Moldy Greek yogurt by Chobani made about 300 people sick in an event associated with a September 2013 recalls of the products. Documents released to the newspaper show that the Idaho Department of Agriculture became aware of the problem during a routine inspection two months before the company’s voluntary recall of 35 yogurt varieties. The company said that its products were contaminated with a mold commonly found in yogurt production known as Mucor circinelloides. “In July the routine Grade A sampling and testing samples taken by the Idaho Department of Agriculture (ISDA) from the Chobani Idaho Inc. production were visually noted, by the laboratory technician, that surface defects were present and additional testing was conducted noting a yeast like growth developing in the yogurt samples,” FDA reported. The Idaho Department of Agriculture claims it never found any mold and does not know the source of FDA’s information. What it knew in July 2013 did not prompt FDA to take any action on its own. “All of the raw and finished product-testing results met the requirements of the Pasteurized Milk... |
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Wellness At Work: Popular But Unproven
If you get health insurance at work, chances are you have some sort of wellness plan, too. But so far there’s no real evidence as to whether these plans work. One thing we do know is that wellness is particularly popular with employers right now, as they seek ways to slow the rise of health spending. These initiatives can range from urging workers to use the stairs all the way to requiring comprehensive health screenings. The 2014 survey of employers by the Kaiser Family Foundation found that 98 percent of large employers and 73 percent of smaller employers offer at least one wellness program. (Kaiser Health News is an editorially independent program of KFF.) What makes wellness plans so popular? “It really is part of their strategy to help employees be healthy, productive, and engaged,” says Maria Ghazal, vice president and counsel at the Business Roundtable, whose members are CEOs of large firms. “And it’s really part of their strategy to be successful companies.” And there’s another reason wellness has gotten so pervasive, said health consultant Al Lewis. It’s a big industry. “It’s somewhere between $6 [billion] and $10 billion, which creates an awful lot of people saying ‘do more of this stuff,’” he says. Lewis has become something of a crusader against the spread of corporate wellness programs around the nation. (He’s co-authored an e-book detailing its failings.) He says... |
Spending Deal Pushes Some Health Issues Into Next Year
The $1.1 trillion spending bill released Tuesday evening expands funding for international health efforts on AIDS and for fighting Ebola both at home and abroad. But it would bring little change to other domestic health care concerns. In addition, the Medicare “doc fix” got rolled into next year. The New York Times: Congressional Leaders Reach Deal On Spending The spending bill is geared toward combating threats from afar, with roughly $5.4 billion in emergency funds to fight Ebola in West Africa, nearly $74 billion for wars and other overseas operations, and more than half of the overall package going to military spending. ... The final deal amounted to what one Democratic aide called a “split decision” likely to leave both sides unhappy. For instance, the bill would nullify the District of Columbia’s referendum to legalize marijuana, but it would allow Washington to decriminalize the drug, meaning possession of small amounts would no longer be punished. ... Democrats fought off Republican efforts to scuttle Michelle Obama’s rules on nutritional content of school lunches, but Republicans secured flexibility on the use of whole grains. (Parker and Weisman, 12/9) The Washington Post: Deal Reached On $1.01 Trillion Spending Bill At 1,603 pages, the bill includes at least $1.2 billion for agencies to deal with the influx of unaccompanied immigrant children who crossed the U.S.-Mexico border. There’s also money to fight the rise of... |
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NJ Proposes Rules to Handle Medical Provider Claims & Liens
Click here to read the proposed procedures.
Thursday, December 11, 2014
Whistleblower claim against brokerage belongs in arbitration -court
Dec 9 (Reuters) - A TD Ameritrade Holding Corp employee who said the firm retaliated against him for complaining about potential securities law violations must arbitrate the claim instead of suing in court, a federal appeals court ruled on Monday. The ruling by the 3rd U.S. Court of Appeals could further weaken U.S. Securities and Exchange Commission rules that carry out procedures required by the 2010 Dodd-Frank financial reform law to protect whistleblowers and curb retaliation against them by employers, lawyers said. The law created a private cause of action for whistleblowers whose employers retaliate against them for lawfully providing information to the SEC, or making disclosures protected under the Sarbanes-Oxley governance law. But a spate of recent federal court decisions are split about the reach of those protections. The three-judge panel on Monday ruled that Dodd-Frank did not invalidate an earlier employment agreement between a unit of TD Ameritrade Holding Corp and Boris Khazin, who worked in the firm's compliance group, to arbitrate employment-related disputes through the Financial Industry Regulatory Authority's system. Employment agreements that brokers and other brokerage employees sign when joining firms typically include so-called "mandatory arbitration" provisions. The decision hinged on language in Dodd-Frank that makes mandatory arbitration agreements unenforceable with respect to whistleblower claims under the Sarbanes-Oxley Act of 2002, a law... |
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Walmart Illegally Punished Workers, Judge Rules
A National Labor Relations Board judge ruled that Walmart managers in California had illegally disciplined employees for going on strike and unlawfully threatened to close a store if many of its employees joined a group demanding higher wages. In a decision made public on Wednesday, Geoffrey Carter, an N.L.R.B. administrative law judge, also found that a Walmart manager had illegally intimidated workers by saying, “If it were up to me, I’d shoot the union.” In addition, the judge said it was unlawful for Walmart managers to tell employees that co-workers returning from a one-day strike would be looking for a new job. Our Walmart, a union-backed group of Walmart employees, filed the complaint with the labor board, asserting that officials at Walmart stores in Placerville and Richmond, Calif., had illegally intimidated workers. Kory Lundberg, a Walmart spokesman, said in a statement: “We do not agree with some of the administrative law judge’s conclusions.” The company said it would appeal parts of the ruling to the full labor board in Washington. Walmart has a long history of vigorously battling unionization efforts. Our Walmart is not a union but is affiliated with the United Food and Commercial Workers union and has mounted a string of protests against Walmart over the last three years. On Black Friday, Our Walmart sponsored protests at more than a thousand Walmart stores, calling for a $15 base wage, more full-time jobs and an end to what... |
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Perfecting a Florida Workers' Compensation Lien
Florida continues to be ahead of the curve in implementing an effective and efficient electronic filing/docket system for workers' compensation claims. Today's post is authored by Judge David Langham and is shared from http://flojcc.blogspot.com/ Judge David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. The Florida Office of Judges of Compensation Claims (OJCC) is paperless, or nearly so. While there are a few judges who keep some small volume of paper files for convenience, the digital record and database is the official record of the OJCC. When a document is filed, there has to be some place on the computer to put that document. The logistics therefore involve the creation of a “case” within the OJCC database. Everything related to a particular accident for a particular injured worker will be stored digitally at the OJCC and electronically connected with or "tethered to" that electronic “case.” An OJCC workers’ compensation “case” is commenced in one of two ways. A petition for benefits may be filed. Rule 60Q-6.105(1). In the event that there is “any claim” within the jurisdiction of this Office, which is “not subject to a petition for benefits,” then “the claimant shall file with the clerk of the OJCC a request for assignment of case number,” referred to often as an “RACN.”Rule 60Q-6.105(3). Filing either of these automatically causes an OJCC “case” to be commenced. A case number is... |
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Extended time law for 9/11 compensation claims is unconstitutional: judge
Today's post is shared from nypost.com/ A federal judge has ruled that a state law that extended time for 9/11 workers to file compensation claims for their heroic efforts is unconstitutional. Manhattan federal Judge Alvin Hellerstein on Monday dismissed claims filed in 2009 against the Battery Park City Authority by eight workers allegedly exposed to asbestos and other contaminants there during cleanup efforts after the Sept. 11, 2001, terrorist attacks. Hellerstein found that “Jimmy Nolan’s Law” — named after a Yonkers-based carpenter and father of three who became very ill during Ground Zero cleanups — is unconstitutional as applied to the BCPA. The law was enacted by the state Legislature in 2009 after the quasi-government entity overseeing Battery Park City was able to get around liability by requiring notices of claims to be filed within 90 days after plaintiffs discovered their injuries. It gave the plaintiffs — whose claims were then time-barred — an additional year to file. The state Attorney General’s Office had intervened in the suits in support of Jimmy Nolan’s Law. |
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Trial Date Scheduled For Damages Phase In Landmark Arab Bank Terrorist Financing Case
The second trial will focus solely on each terrorist attack and the impact of those attacks on those families of U.S. citizens injured or killed as a result of Arab Bank's financing of terrorist actions. The jury will determine damages for the March 2002 suicide bombing attack at Café Moment in Jerusalem; the March 2003 suicide bombing attack on Bus No. 37 in Haifa; and the June 2003 shooting attack on Route 60.
"This next phase marks the final chapter in our clients' pursuit of justice. Now it's time for a jury to consider the consequences of Arab Bank's decision to knowingly finance Hamas. Our clients have patiently waited for more than a decade to describe what Hamas and Arab Bank have done to their families," stated Motley Rice LLC anti-terrorism and human rights attorney Michael Elsner, who represents plaintiffs in the case.
This follows the Sept. 22, 2014, verdict by a Brooklyn, N.Y., jury that found Jordan-based Arab Bank, PLC liable for financing terrorist activity, including funneling financial support to top Hamas leaders and to the families of suicide bombers. The jury unanimously agreed with plaintiffs' claims that Arab Bank knowingly and systematically provided financial support to the leadership of Hamas and to the families of terrorist operatives including suicide bombers. This case, Linde et al. v. Arab Bank, PLC, marked the first time that a financial institution has been brought to trial under the Anti-Terrorism Act (ATA) and has implications for how financial institutions as well as other corporations will conduct business in the future, reinforcing a zero tolerance policy for fostering terrorist activity.
The jury that determined liability, but did not hear plaintiffs' stories, only heard facts regarding the Bank's responsibility for financing Hamas, including how Arab Bank systematically transferred funds to families of suicide bombers.
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Wednesday, December 10, 2014
Former Owner of Pacific Hospital of Long Beach Sued Over Workers' Compensation Scam
Today's post is shared from http://lbpost.com/ A law firm has filed two lawsuits against the former owner of Pacific Hospital of Long Beach, who was implicated in a multi-million dollar workers' compensation scam affecting some 300 people. AgnewBrusavich, based in Torrance, filed two suits on behalf of former patients Abraham Pena and Frank Gomez, against former hospital owner Michael Drobot Sr., his son Michael Drobot Jr., Dr. Simon Lavi and Dr. Edward Kolpin. The civil lawsuits allege Drobot worked a scheme to steer workers' compensation patients to Pacific Hospital for spinal fusion surgeries performed using defective screws and other surgical hardware. In total, nearly 300 patients were involved in the scandal, said Bruce Brusavich, lead attorney for Pena and Gomez. "I filed these two lawsuits to help my clients get answers as to what was done to them and how dangerous is the hardware that was implanted in their bodies," Brusavich said in an email. Brusavich said his two clients were injured at work through no fault of their own and had to seek medical care through the worker's compensation system. "Having been used by this group of doctors and Drobot's hospital to take advantage of the WC system, my clients are now fighting within the utilization review process to get appropriate medical care to try and undo the damage done to them, if possible," he said. "These suits will give them some control over their medical care and bring accountability for two victims... |
The dean of American labor reporters explains everything
Last week, veteran New York Times labor reporter Steven Greenhouse — widely regarded as the oldest hand on a beat that’s waned with the power of organized labor itself — announced he was taking a buyout, and will work on another book about workers (the last one is six years old, after all). We caught up with him to talk about his last three decades covering American workers.
How did you get into covering labor? My parents were very active in the civil rights movement, they had me listening to Pete Seeger when I was growing up. I guess growing up in New York, you were kind of alert to what was happening in labor. The people who participated in the March on Washington in 1963, the person who led that was A. Philip Randolph of the Sleeping Car Porters Union. So I guess I was more attuned to labor than many other people. You went to law school and did a stint clerking for a federal judge. Why leave law to do journalism? My first job out of college was as a lackey copy boy at the New York Times, sorting mail, getting coffee. I did that for a year, and after that applied to law school and journalism school. I got into Columbia Journalism School and NYU Law School, and decided to go to journalism school. Then I worked for a year at the Chelsea-Clinton News — that’s Hells Kitchen — and then I went to the Bergen Record, and the Hackensack Record, where... |
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Tuesday, December 9, 2014
Home Modifications Denied as to An Elevator
The Word: Uncertainty
Uncertainty. That was the "Word on the Industry" that WorkCompCentral editors decided what best describes California workers' compensation at present. It was the theme of my opening presentation at the WorkCompCentral Comp Laude Awards and Gala Saturday at the Sheraton LAX Gateway hotel where I summarized this comprehensive "story behind the story." About 350 people from the industry, or affected by the industry, attended to hear not only the Word, but to hear panelists Christine Baker, Mitch Seaman, Sean McNally, Robert Rassp, and Bill Zachry discuss and debate SB 863, its status and whether it was meeting expectations (James Butler unfortunately was unable to participate because of an untimely injury). A 2012 Workers’ Compensation Research Institute study found that nearly 30% of injured workers in California hired an attorney. That's more than any other state except for Tennessee and Maryland, and those systems aren't even close in size or expense. The California Workers' Compensation Institute found that permanent disability claims filed between 2005 and 2010 were more than twice as expensive when lawyers were involved. Average cash and medical payments for permanent disability claims increased to $61,092 with an attorney involved, compared to $24,874 without a lawyer. Attorney participation in claims has been growing. In 2003 the CWCI found that attorneys were involved in 76.2% of all permanent disability and 29.9% of all indemnity cases. In 2014... |
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Judgment entered against closed Nebraska plant
BEATRICE — A Gage County District Judge has ordered a default judgment against a now-closed Beatrice manufacturing plant. According to Beatrice radio station KWBE, Judge Paul Korslund ruled Thursday that Store Kraft Manufacturing owes Buhr's Trucking Inc., of Adams, nearly $100,000 plus interest. The judge issued the ruling after Store Kraft failed to appear for the lawsuit filed by the trucking company. The lawsuit had sought nearly $142,000 the trucking company said it was owed for transportation services provided between May 1 and Sept. 30. Store Kraft closed in early October after 94 years in business, putting more than 100 people out of work. Lumber and building supply wholesalers Cedar Creek has also filed a lawsuit against Store Kraft, seeking to recover more than $96,000 it says it's owed. Copyright 2014 JournalStar.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. |
Obamacare Creates Boom For Federal Contractors
Two years ago General Dynamics, one of the biggest federal contractors, reported a quarterly loss of $2 billion. An “eye-watering” result, one analyst called it. Diminishing wars and plunging defense spending had slashed the weapons maker’s revenue and left some subsidiaries worth far less than it had paid for them. But the company was already pushing in a new direction. Soon after Congress passed the landmark Affordable Care Act, the maker of submarines and tanks decided to expand its business related to health care. Its 2011 purchase of health-data firm Vangent instantly made it the largest contractor to Medicare and Medicaid, huge government health plans for seniors and the poor. “They saw that their legacy defense market was going to be taking a hit,” said Sebastian Lagana, an analyst with Technology Business Research, a market research firm. “And they knew [the ACA] was going to inject funds into the health care market.” They were right. In a way that is deeply changing Washington contracting, growth opportunities from the federal government have increasingly come not from war but from healing, an examination by Kaiser Health News and The Washington Post shows. Politics are frozen. Budgets are tight. But business purchases by the Department of Health and Human Services have doubled to $21 billion annually in the last decade and are expected to continue rising. HHS is now the No. 3... |
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Certain Uncertainty
As the token Californian on the Blogger's Panel at the National Workers' Compensation and Disability Conference in Las Vegas yesterday, I drew fire from moderator Mark Walls, and a bit of derision from my fellow panelists. "Mark, you know why California is so expensive?" I countered to his question to me about the cost of work comp in California. "Because it's worth it..." At least I got the most laughter out of the attendees for the session. But in all seriousness, California's issue isn't that the system is so expensive - as I implied to the audience in my quip to Walls: the state has always ranked high relative to costs. That's not the issue. The issue is whether the California system delivers adequate and timely benefits to injured workers at a reasonable cost to employers. It doesn't have to be the cheapest, it doesn't have to deliver the most. It just has to be reasonable, and in order to be reasonable it must be consistent, dependable, reliable; in other words, certain. Utilization Review (and Independent Medical Review) is one of those things that was intended to bring some certainty to the medical treatment delivery process, but as we have seen that mission doesn't seem to be making it into operations. Yesterday the Workers' Compensation Appeals Board certified an opinion as "Significant Panel," meaning it can be citable authority, about UR again, reinforcing the concepts discussed in the WCAB's second Dubon opinion about timeliness of a UR... |
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Monday, December 8, 2014
85% of new ships still contain asbestos
Shipboard safety is one thing, but the design and construction of ships has an inpact on shipyard safety, particularly when ships containing potentially hazardous materials need repair, according to John Chillingworth, senior vice president of CTI Marine. Asbestos may be perceived as a problem of the past however, this is unfortunately not the case as it is still found on 85% of new ships. CTI Marine regularly performs pre delivery surveys on new builds and finds asbestos in their construction. This is a global issue because the material supply chain is global. The problem is mainly caused because suppliers are only required to give a declaration that an item is asbestos free and not provide a formal certificate itemising material content. Over the years the issue of finding asbestos on newer ships has prompted SOLAS to state that all ships built after July 2002 should be asbestos free. The SOLAS Convention acknowledges that the only accurate way to determine this is by having an asbestos survey performed by an accredited marine specialist who can issue a recognised certificate of compliance. CTI Marine is managed by former classification surveyors and has offices in UK, Singapore, Shanghai and Atlanta. It is the only company with the combined approval of GL/Lloyd’s, Netherlands and AMSA, to perform hazardous material inventories and asbestos surveys on ships. Some flag states, such as AMSA and the... |
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Data Collection: How WIll The Cyber Collection Vacuum Impact Investigations
UBER, the popular car-service app that allows you to hail a cab from your smartphone, shows your assigned car as a moving dot on a map as it makes its way toward you. It’s reassuring, especially as you wait on a rainy street corner. Less reassuring, though, was the apparent threat from a senior vice president of Uber to spend “a million dollars” looking into the personal lives of journalists who wrote critically about Uber. The problem wasn’t just that a representative of a powerful corporation was contemplating opposition research on reporters; the problem was that Uber already had sensitive data on journalists who used it for rides. Buzzfeed reported that one of Uber’s executives had already looked up without permission rides taken by one of its own journalists. And according to The Washington Post, the company was so lax about such sensitive data that it even allowed a job applicant to view people’s rides, including those of a family member of a prominent politician. (The app is popular... |
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