Friday, May 10, 2024
More
    Home Blog Page 1925

    Fighting to Stop Crime in Hawaii-Three Strikes Law Should be Passed – Take Action

    Hawaii has a crime problem. Hawaii has an infestation of career criminals.

    For what reason do criminals feel the need to participate in criminal behavior?

    I will no longer tolerate Hawaii’s infestation of career criminals. I support Rep. Bud Stonebraker in his fight to establish a “three-strike” law in Hawaii. Hawaii is long overdue.

    California has a law known as the “three-strikes law.” This law prevents repeat offenders of felony crimes from committing another crime again. Criminals receive a sentence of no less than 25 years to life in prison. After passing legislation in 1994, California saw a dramatic reduction in crime statistics in 1995 and 1996. In addition, residents of California felt safer.

    This law is not about being a Democrat or a Republican. This law’s intention is to deter career criminals from committing crimes and to put an end to the careers of criminals. Repeat offenders do need deserve a second or third opportunity to commit more crimes. Lives have been lost because we have allowed the justice system to become tolerant of deviant behavior.

    Coworkers, friends and family members do not have to become a victim of crime. Show your support in the establishment of a “three-strike” law by calling your legislator. You can also sign a petition I have started. Contact me at: mailto:mmacagba@hawaii.edu

    ”’To reach legislators, see:”’ “Representatives at a Glance” and “Senators at a Glance”

    ”’Mario K. Macagba is a student at the University of Hawaii-Kapiolani Community College studying Sociology/Political Science. He can be reached via email at:”’ mailto:mmacagba@hawaii.edu

    Expert: Rules Blinded NASA to Risks

    0

    CAPE CANAVERAL, Fla., April 23 (UPI) — Even if investigators probing the Columbia disaster nail the technical causes of the shuttle’s demise, NASA runs the risk of another fatal accident unless it changes its cultural mindset, an expert on organizations warned Wednesday.

    “The problems that existed at the time of Challenger have not been fixed, despite all the … insights that the presidential commission (which investigated the fatal 1986 accident) found,” Boston University sociologist Diane Vaughn told the Columbia Accident Investigation Board during a public hearing.

    “These problems have still remained … That’s what I believe happened in the Columbia accident,” she said.

    NASA’s allegiance to rules — which enable a hugely complex program to fly people and rockets in the unforgiving space environment — also blinds it to following through on engineering hunches and intuition — a key component of any advanced technological program, said Vaughn, author of a well-respected book on the Challenger accident that has become a case-study for organizations and businesses seeking to minimize risk.

    Without hard data, engineering insights would not warrant high-level attention, she said.

    In the case of Challenger, which exploded just 73 seconds after liftoff, some engineers felt very uncomfortable with the idea of launching with temperatures at record lows, said Vaughn. However, without data to back up their subjective assessments, the warnings were dismissed.

    During Columbia’s mission, groups of engineers wanted more images of the shuttle’s wing, which had been hit by an unusually large piece of foam insulation shed from the fuel tank during launch. The request for spy satellite pictures was nixed by top managers, who said that proper channels had not been followed.

    “In both situations, following normal rules and procedures seemed to take precedence,” said Vaughn. “In times of uncertainty, people do follow habits and routines. However under these circumstances … that is not the time for hierarchical decision-making.”

    The culture creates an environment where, in the absence of hard data, people do not bring forth their concerns, said Vaughn.

    Board members struggled to apply Vaughn’s insights into principles to guide them in writing a report about the accident, which is expected in June.

    Some questioned why NASA was so good at nailing some problems early on, such as the potentially dangerous issue with shuttle wiring, which required the fleet to be grounded for several months for repairs.

    Avoiding what Vaughn calls “the slippery slope” requires organizational changes, such as independent and more visible engineering assessments, an expanded safety oversight program and regularly opening the inner sanctums of the NASA decision-making process to outsiders.

    Many personnel changes were made after Challenger and the technical flaws were found and fixed, yet the agency lost another shuttle due to what may be oversights and a failure to spot dangerous trends, said Vaughn.

    “You need to understand your culture,” she said. “It works in ways you don’t even realize.”

    Vaughn’s testimony followed the official announcement that shuttle program manager Ron Dittemore would be leaving the agency. NASA’s associate administrator for space flight Michael Kostelnik said Dittemore had planned to retire before the Columbia accident and delayed his departure to manage the crisis.

    “This is not something we would have asked for or would have wished,” said Kostelnik. “He is not going to be an easy person to replace.”

    Dittemore, who has managed the $3.5 billion shuttle program since 1999, said he plans to stay on until his successor is found and trained to ease the transition as NASA shifts from searching for the cause of the accident to preparing for return to flight.

    “The last thing on my priority list are my personal opportunities,” said Dittemore, who declined to discuss his plans.

    Copyright 2003 by United Press International. All rights reserved.

    Grassroot Perspective – April 25, 2003-Send the Disability Checks c/o Leavenworth; Crime Pays – Sort Of; Like We Really Needed a Poll to Discover this?; Cerebral Palsy Claims Drive Malpractice Insurance; Never Let Facts Get in the Way of a Lawsuit; Catch an Airline by the Toe; Next Time We'll Just Let Them Mug You; If You're Sick, Don't Call Us in the Morning; Long-term Care Crisis Builds

    0

    “Dick Rowland Image”

    ”Shoots (News, Views and Quotes)”

    – Send the Disability Checks c/o Leavenworth

    A Los Angeles jury has ordered two insurance companies to pay a
    66-year-old Beverly Hills lawyer $371,000 for stopping the man’s
    $8,200-a-month disability payments in 1999. The insurance companies
    believed he was faking his ailments. One of the companies will have to
    continue paying him $4,700 a month in disability until he dies. It’s a
    bit of a hollow victory, however. The lawyer is serving seven-and-a-half
    years in federal prison for sinking his 76-foot yacht off the Italian
    coast to collect on a $3.5 million insurance policy; the entire jury
    award in his disability case must be put toward the $2.8 million he must
    pay in restitution for his insurance fraud sentence. From the Associated
    Press

    – Crime Pays – Sort Of

    The family of a man who was electrocuted by a homemade booby trap when
    he tried to break into a Chicago-area bar after hours was awarded
    $75,000 in a wrongful-death jury trial. The bar owner installed the
    anti-theft electronic device around a window after his establishment had
    been burglarized three times in a month. Warning signs were placed
    outside the building, including near the booby-trapped window. Jurors
    were not allowed to be told the victim was drunk and on cocaine, nor
    that he had served time for two previous burglary convictions. From the
    Chicago Sun-Times

    – Like We Really Needed a Poll to Discover this?

    A national poll commissioned by the American Tort Reform Association
    found 83 percent of Americans think there are far too many lawsuits
    filed in the United States and that greedy personal injury lawyers are
    to blame. Seventy-five percent think health-care costs have gone up in
    the past year due to excessive malpractice litigation, and 76 percent
    believe their access to quality health care is being threatened as a
    result. Tort reform is favored by 42 percent of those surveyed; only 6
    percent oppose reform. Even Democrats favor tort reform by a ratio of
    four to one (39 percent vs. 10 percent). From a press release posted on
    the Web site of the American Tort Reform Association https://www.atra.org

    – Cerebral Palsy Claims Drive Malpractice Insurance

    The Top Ten Jury Awards of 2002, a list compiled annually by Lawyers
    Weekly USA, was dominated by awards against three traditional targets of
    the plaintiffs’ bar: tobacco companies, car makers, and doctors. Three
    of the awards — for $94.5 million, $91 million, and $80 million — were for
    children who developed cerebral palsy as the alleged consequence of
    oxygen deprivation during a botched delivery. It has been estimated that
    such cerebral palsy claims are the single greatest factor in the huge
    recent increase in malpractice insurance rates for obstetricians.

    – Never Let Facts Get in the Way of a Lawsuit

    While we’re on the subject of cerebral palsy-related lawsuits, a recent
    widely publicized study by the American College of Obstetricians and
    Gynecologists and the American Academy of Pediatrics found less than 10
    percent of cerebral palsy cases result from so-called birth asphyxia;
    most cases, therefore, are not the result of a doctor’s malpractice.
    Reacting with their normal restraint, one Boston plaintiffs’ attorney
    called the report “dangerous, intellectually indefensible, and morally
    irresponsible.” From a variety of sources, including The New York Times
    and The Wall Street Journal

    – Catch an Airline by the Toe

    A federal judge in Kansas City is allowing a discrimination case over a
    nursery rhyme to go to trial. In February 2001, in an effort to get
    passengers to take their seats on a crowded Southwest Airlines flight
    boarding in Las Vegas, a 22-year-old white flight attendant said over
    the intercom, “Eenie, meenie, minie, moe; pick a seat, we gotta go.” Two
    African-American women standing in the aisle at the time said the rhyme
    immediately struck them as racist and felt it was directed solely at
    them. The attendant said she had never heard the racist version of the
    rhyme and had used the phrase on several flights as a humorous way of
    getting passengers to take their seats. Southwest is denying any
    discrimination and has not asked the attendant to stop using the phrase,
    although she no longer does so because of the incident. From The Kansas
    City Star

    – Next Time We’ll Just Let Them Mug You

    A recently hired desk clerk at a Comfort Inn in Cross Lanes, West
    Virginia was appalled to discover the motel had installed audio and
    video surveillance equipment in the front desk and lounge areas. He sued
    his employer under the state’s wiretapping act and was awarded $500,000
    in a jury trial. The defense argued, unsuccessfully, it is common
    practice for motels to install such monitoring devices to provide
    security for employees and guests. From The National Law Journal

    – If You’re Sick, Don’t Call Us in the Morning

    A federal court ruled in February that Pennsylvania Medicaid patients
    who suffer from various smoking-related diseases are not entitled to
    share in the loot the commonwealth is collecting from tobacco companies
    as part of the 1998 $200+ billion national settlement. The court found
    the 1999 amendments to the Medicaid Act give states the right to dispose
    of the settlement funds for whatever purposes they deem appropriate. At
    least in the Keystone State, helping sick smokers is not one of those
    purposes. From The National Law Journal

    – An Apology

    A number of our loyal readers have wondered why we haven’t used the item
    about a Montana resident named Bob Craft who changed his name to “Jack
    Ass” five years ago as part of an anti-drunk driving campaign (don’t ask
    for the details). Seems Mr. Ass recently stumbled across the MTV show
    “Jackass” and has decided to sue the network for “plagiarizing” and
    “defaming” his name. The reason we haven’t used the item is because we
    find the whole matter jack-asinine. From The New Yorker, among others

    Published by The Heartland Institute, a nonprofit 501(c)3 organization
    founded in 1984.

    Publisher: Joseph L. Bast

    Editors: Diane Carol Bast, Paul Fisher, Dan Hales

    Above articles are quoted from the Heartland Institute, Lawsuit Abuse
    Forthnightly March 2003 https://www.heartland.org

    ”Roots (Food for Thought)”

    – Long-term Care Crisis Builds

    Author: Stephen A. Moses

    Published: The Heartland Institute 03/01/2003

    State governments face their worst fiscal crises in 50 years. The
    federal budget flipped from a triple-digit surplus to a triple-digit
    deficit. Medicaid, which accounts for 20 percent of state budgets and 7
    percent of the federal budget, is a large part of the problem.

    Long-term care (LTC) expenditures, consisting of payments for home care
    and nursing home care, consume a quarter to a half of most states’
    Medicaid budgets, and the federal government pays 57 percent of all
    Medicaid costs. Nevertheless, punishingly low Medicaid and Medicare
    long-term care reimbursements have driven thousands of nursing homes and
    home health agencies into bankruptcy.

    Is this just the price of providing a long-term care safety net for the
    poor? Or have state and federal policies crowded out private financing
    alternatives and exploded long-term care costs unnecessarily? The answer
    may surprise you.

    Medicaid Is Welfare

    Medicaid is a means-tested public assistance program. It is welfare.
    People who need acute, emergency, or preventive health care must be dirt
    poor to qualify for Medicaid.

    For anyone who needs nursing home care, however, the eligibility rules
    are very different and highly generous. Despite the conventional wisdom
    that people must be poor to qualify for Medicaid nursing home benefits,
    income only disqualifies the top tier of seniors.

    In 30 “medically needy” states, people qualify if they cannot afford
    private nursing home care, which averages nearly $5,000 per month. In
    the remaining “income cap” states, most people with monthly income in
    excess of the ostensible $1,635 limit can set up Miller income trusts
    and qualify immediately. As of 2003, married couples are allowed to keep
    up to an additional $2,267 per month in income for the healthy spouse at
    home while the ill spouse receives nursing home care paid for by
    Medicaid.

    Nor do assets interfere with Medicaid nursing home eligibility for most
    people. While Medicaid recipients are allowed only $2,000 in non-exempt
    assets, they can also retain a home and all contiguous property of
    unlimited value, a business including the capital and cash flow of
    unlimited value, one automobile of unlimited value (if used for the
    recipient’s benefit), a burial trust fund of unlimited value,
    practically unlimited home furnishings, and many other exempt assets.

    For people with really large financial holdings, Medicaid planning
    attorneys can quickly shelter or divest their wealth to achieve
    artificial impoverishment by means of sophisticated legal techniques.
    These include special trusts, annuities, self-canceling installment
    notes, life care contracts, and many others. Married couples can shelter
    half their joint assets up to $90,660 in addition to all the other
    exemptions.

    The average American senior qualifies easily for Medicaid nursing home
    benefits without fancy Medicaid planning, and virtually anyone else can
    qualify by hiring a Medicaid planner. The legal fee to impoverish even
    the well-to-do so they can receive Medicaid nursing home benefits is
    roughly equal on average to the cost of one month in a nursing home as a
    private payer.

    The truth is that no one has to be poor to receive nursing home care
    paid for by Medicaid. All anyone needs is a cash flow problem.
    Consequently, many people who could afford home care or assisted living
    by liquidating real estate or other exempt assets end up in nursing
    homes on Medicaid because that is the cheapest alternative available to
    them and their families.

    Devastating Consequences

    The consequences to America’s long-term care service delivery and
    financing system have been devastating. The percentage of nursing home
    costs paid by government (mostly Medicaid and Medicare) has been going
    up for the past 13 years (from 49.6 percent in 1988 to 61.5 percent in
    2001, up 11.9 percent), while out-of-pocket costs have been declining
    (from 38.5 percent in 1988 to 27.2 percent in 2001, down 11.3 percent).

    Thus, the consumer’s liability for nursing home costs has gone down
    precipitously, while the government’s liability has increased
    dramatically. No wonder nursing homes are struggling financially. Their
    dependency on stingy government reimbursements is increasing while their
    more profitable private payers are disappearing. And no wonder people
    are not buying LTC insurance as eagerly as insurers would like them to.
    Only 7 percent of seniors and hardly any of the baby boomers have
    insured privately for long-term care.

    Unfortunately, these problems are even worse than the preceding data
    suggest. Over half of the so-called “out-of-pocket” costs reported by
    the Centers for Medicare and Medicaid Services are really just
    contributions toward their cost of care by people already covered by
    Medicaid!

    These are not out-of-pocket costs in terms of asset spend-down, but
    rather only income, most of which comes from Social Security benefits,
    another government program. Thus, although Medicaid pays less than half
    the cost of nursing home care (47.5 percent of the dollars in 2001), it
    covers 70 percent of all nursing home residents. Because people in
    nursing homes on Medicaid tend to be long-stayers, Medicaid pays
    something toward nearly 80 percent of all patient days.

    No wonder the public is not as worried about nursing home costs as LTC
    insurers think they should be. No wonder nursing homes are facing
    bankruptcy all around the United States, when so much of their revenue
    comes from Medicaid, often at reimbursement rates less than the actual
    cost of care.

    Bottom Line

    Well-intentioned but perversely counterproductive public policy has
    anesthetized most Americans to the risk and cost of long-term care. For
    nearly 40 years, they have been able to ignore the risk, avoid the
    premiums for private insurance, and expect Medicaid and Medicare to pay
    for their long-term care if and when it’s needed.

    Unfortunately, that old system is falling apart as access to and quality
    of government-financed long-term care have collapsed over the past
    decade. Already now, and far more so in the future, access to quality
    long-term care at the most appropriate and desirable levels (home care
    or assisted living) will require an ability to pay privately.

    We desperately need a change in public policy incentives to encourage
    Americans to take the risk of long-term care seriously, to plan early,
    and to save, invest, or insure so they can pay privately when they need
    long-term care.

    Stephen A. Moses is president of the Center for Long-Term Care Financing
    in Seattle, Washington. He can be reached by email at
    smoses@centerltc.org, or by phone at 206/283-7036.

    Above article is quoted from the Heartland Institute, Health Care News
    March 2003 www.heartland.org

    ”Evergreen (Today’s Quotes)”

    “For the saddest epitaph which can be carved in memory of a vanished
    freedom is that it was lost because its possessors failed to stretch
    forth a saving hand while there was still time.” — Justice George
    Sutherland

    “Act only on that maxim through which you can at the same time will that
    it should become a universal law.” — Immanuel Kant

    ”’Edited by Richard O. Rowland, president of Grassroot Institute of Hawaii. He can be reached at (808) 487-4959 or by email at:”’ mailto:grassroot@hawaii.rr.com ”’For more information, see its Web site at:”’ https://www.grassrootinstitute.org/

    Grassroot Perspective – April 25, 2003-Send the Disability Checks c/o Leavenworth; Crime Pays – Sort Of; Like We Really Needed a Poll to Discover this?; Cerebral Palsy Claims Drive Malpractice Insurance; Never Let Facts Get in the Way of a Lawsuit; Catch an Airline by the Toe; Next Time We’ll Just Let Them Mug You; If You’re Sick, Don’t Call Us in the Morning; Long-term Care Crisis Builds

    0

    “Dick Rowland Image”

    ”Shoots (News, Views and Quotes)”

    – Send the Disability Checks c/o Leavenworth

    A Los Angeles jury has ordered two insurance companies to pay a
    66-year-old Beverly Hills lawyer $371,000 for stopping the man’s
    $8,200-a-month disability payments in 1999. The insurance companies
    believed he was faking his ailments. One of the companies will have to
    continue paying him $4,700 a month in disability until he dies. It’s a
    bit of a hollow victory, however. The lawyer is serving seven-and-a-half
    years in federal prison for sinking his 76-foot yacht off the Italian
    coast to collect on a $3.5 million insurance policy; the entire jury
    award in his disability case must be put toward the $2.8 million he must
    pay in restitution for his insurance fraud sentence. From the Associated
    Press

    – Crime Pays – Sort Of

    The family of a man who was electrocuted by a homemade booby trap when
    he tried to break into a Chicago-area bar after hours was awarded
    $75,000 in a wrongful-death jury trial. The bar owner installed the
    anti-theft electronic device around a window after his establishment had
    been burglarized three times in a month. Warning signs were placed
    outside the building, including near the booby-trapped window. Jurors
    were not allowed to be told the victim was drunk and on cocaine, nor
    that he had served time for two previous burglary convictions. From the
    Chicago Sun-Times

    – Like We Really Needed a Poll to Discover this?

    A national poll commissioned by the American Tort Reform Association
    found 83 percent of Americans think there are far too many lawsuits
    filed in the United States and that greedy personal injury lawyers are
    to blame. Seventy-five percent think health-care costs have gone up in
    the past year due to excessive malpractice litigation, and 76 percent
    believe their access to quality health care is being threatened as a
    result. Tort reform is favored by 42 percent of those surveyed; only 6
    percent oppose reform. Even Democrats favor tort reform by a ratio of
    four to one (39 percent vs. 10 percent). From a press release posted on
    the Web site of the American Tort Reform Association https://www.atra.org

    – Cerebral Palsy Claims Drive Malpractice Insurance

    The Top Ten Jury Awards of 2002, a list compiled annually by Lawyers
    Weekly USA, was dominated by awards against three traditional targets of
    the plaintiffs’ bar: tobacco companies, car makers, and doctors. Three
    of the awards — for $94.5 million, $91 million, and $80 million — were for
    children who developed cerebral palsy as the alleged consequence of
    oxygen deprivation during a botched delivery. It has been estimated that
    such cerebral palsy claims are the single greatest factor in the huge
    recent increase in malpractice insurance rates for obstetricians.

    – Never Let Facts Get in the Way of a Lawsuit

    While we’re on the subject of cerebral palsy-related lawsuits, a recent
    widely publicized study by the American College of Obstetricians and
    Gynecologists and the American Academy of Pediatrics found less than 10
    percent of cerebral palsy cases result from so-called birth asphyxia;
    most cases, therefore, are not the result of a doctor’s malpractice.
    Reacting with their normal restraint, one Boston plaintiffs’ attorney
    called the report “dangerous, intellectually indefensible, and morally
    irresponsible.” From a variety of sources, including The New York Times
    and The Wall Street Journal

    – Catch an Airline by the Toe

    A federal judge in Kansas City is allowing a discrimination case over a
    nursery rhyme to go to trial. In February 2001, in an effort to get
    passengers to take their seats on a crowded Southwest Airlines flight
    boarding in Las Vegas, a 22-year-old white flight attendant said over
    the intercom, “Eenie, meenie, minie, moe; pick a seat, we gotta go.” Two
    African-American women standing in the aisle at the time said the rhyme
    immediately struck them as racist and felt it was directed solely at
    them. The attendant said she had never heard the racist version of the
    rhyme and had used the phrase on several flights as a humorous way of
    getting passengers to take their seats. Southwest is denying any
    discrimination and has not asked the attendant to stop using the phrase,
    although she no longer does so because of the incident. From The Kansas
    City Star

    – Next Time We’ll Just Let Them Mug You

    A recently hired desk clerk at a Comfort Inn in Cross Lanes, West
    Virginia was appalled to discover the motel had installed audio and
    video surveillance equipment in the front desk and lounge areas. He sued
    his employer under the state’s wiretapping act and was awarded $500,000
    in a jury trial. The defense argued, unsuccessfully, it is common
    practice for motels to install such monitoring devices to provide
    security for employees and guests. From The National Law Journal

    – If You’re Sick, Don’t Call Us in the Morning

    A federal court ruled in February that Pennsylvania Medicaid patients
    who suffer from various smoking-related diseases are not entitled to
    share in the loot the commonwealth is collecting from tobacco companies
    as part of the 1998 $200+ billion national settlement. The court found
    the 1999 amendments to the Medicaid Act give states the right to dispose
    of the settlement funds for whatever purposes they deem appropriate. At
    least in the Keystone State, helping sick smokers is not one of those
    purposes. From The National Law Journal

    – An Apology

    A number of our loyal readers have wondered why we haven’t used the item
    about a Montana resident named Bob Craft who changed his name to “Jack
    Ass” five years ago as part of an anti-drunk driving campaign (don’t ask
    for the details). Seems Mr. Ass recently stumbled across the MTV show
    “Jackass” and has decided to sue the network for “plagiarizing” and
    “defaming” his name. The reason we haven’t used the item is because we
    find the whole matter jack-asinine. From The New Yorker, among others

    Published by The Heartland Institute, a nonprofit 501(c)3 organization
    founded in 1984.

    Publisher: Joseph L. Bast

    Editors: Diane Carol Bast, Paul Fisher, Dan Hales

    Above articles are quoted from the Heartland Institute, Lawsuit Abuse
    Forthnightly March 2003 https://www.heartland.org

    ”Roots (Food for Thought)”

    – Long-term Care Crisis Builds

    Author: Stephen A. Moses

    Published: The Heartland Institute 03/01/2003

    State governments face their worst fiscal crises in 50 years. The
    federal budget flipped from a triple-digit surplus to a triple-digit
    deficit. Medicaid, which accounts for 20 percent of state budgets and 7
    percent of the federal budget, is a large part of the problem.

    Long-term care (LTC) expenditures, consisting of payments for home care
    and nursing home care, consume a quarter to a half of most states’
    Medicaid budgets, and the federal government pays 57 percent of all
    Medicaid costs. Nevertheless, punishingly low Medicaid and Medicare
    long-term care reimbursements have driven thousands of nursing homes and
    home health agencies into bankruptcy.

    Is this just the price of providing a long-term care safety net for the
    poor? Or have state and federal policies crowded out private financing
    alternatives and exploded long-term care costs unnecessarily? The answer
    may surprise you.

    Medicaid Is Welfare

    Medicaid is a means-tested public assistance program. It is welfare.
    People who need acute, emergency, or preventive health care must be dirt
    poor to qualify for Medicaid.

    For anyone who needs nursing home care, however, the eligibility rules
    are very different and highly generous. Despite the conventional wisdom
    that people must be poor to qualify for Medicaid nursing home benefits,
    income only disqualifies the top tier of seniors.

    In 30 “medically needy” states, people qualify if they cannot afford
    private nursing home care, which averages nearly $5,000 per month. In
    the remaining “income cap” states, most people with monthly income in
    excess of the ostensible $1,635 limit can set up Miller income trusts
    and qualify immediately. As of 2003, married couples are allowed to keep
    up to an additional $2,267 per month in income for the healthy spouse at
    home while the ill spouse receives nursing home care paid for by
    Medicaid.

    Nor do assets interfere with Medicaid nursing home eligibility for most
    people. While Medicaid recipients are allowed only $2,000 in non-exempt
    assets, they can also retain a home and all contiguous property of
    unlimited value, a business including the capital and cash flow of
    unlimited value, one automobile of unlimited value (if used for the
    recipient’s benefit), a burial trust fund of unlimited value,
    practically unlimited home furnishings, and many other exempt assets.

    For people with really large financial holdings, Medicaid planning
    attorneys can quickly shelter or divest their wealth to achieve
    artificial impoverishment by means of sophisticated legal techniques.
    These include special trusts, annuities, self-canceling installment
    notes, life care contracts, and many others. Married couples can shelter
    half their joint assets up to $90,660 in addition to all the other
    exemptions.

    The average American senior qualifies easily for Medicaid nursing home
    benefits without fancy Medicaid planning, and virtually anyone else can
    qualify by hiring a Medicaid planner. The legal fee to impoverish even
    the well-to-do so they can receive Medicaid nursing home benefits is
    roughly equal on average to the cost of one month in a nursing home as a
    private payer.

    The truth is that no one has to be poor to receive nursing home care
    paid for by Medicaid. All anyone needs is a cash flow problem.
    Consequently, many people who could afford home care or assisted living
    by liquidating real estate or other exempt assets end up in nursing
    homes on Medicaid because that is the cheapest alternative available to
    them and their families.

    Devastating Consequences

    The consequences to America’s long-term care service delivery and
    financing system have been devastating. The percentage of nursing home
    costs paid by government (mostly Medicaid and Medicare) has been going
    up for the past 13 years (from 49.6 percent in 1988 to 61.5 percent in
    2001, up 11.9 percent), while out-of-pocket costs have been declining
    (from 38.5 percent in 1988 to 27.2 percent in 2001, down 11.3 percent).

    Thus, the consumer’s liability for nursing home costs has gone down
    precipitously, while the government’s liability has increased
    dramatically. No wonder nursing homes are struggling financially. Their
    dependency on stingy government reimbursements is increasing while their
    more profitable private payers are disappearing. And no wonder people
    are not buying LTC insurance as eagerly as insurers would like them to.
    Only 7 percent of seniors and hardly any of the baby boomers have
    insured privately for long-term care.

    Unfortunately, these problems are even worse than the preceding data
    suggest. Over half of the so-called “out-of-pocket” costs reported by
    the Centers for Medicare and Medicaid Services are really just
    contributions toward their cost of care by people already covered by
    Medicaid!

    These are not out-of-pocket costs in terms of asset spend-down, but
    rather only income, most of which comes from Social Security benefits,
    another government program. Thus, although Medicaid pays less than half
    the cost of nursing home care (47.5 percent of the dollars in 2001), it
    covers 70 percent of all nursing home residents. Because people in
    nursing homes on Medicaid tend to be long-stayers, Medicaid pays
    something toward nearly 80 percent of all patient days.

    No wonder the public is not as worried about nursing home costs as LTC
    insurers think they should be. No wonder nursing homes are facing
    bankruptcy all around the United States, when so much of their revenue
    comes from Medicaid, often at reimbursement rates less than the actual
    cost of care.

    Bottom Line

    Well-intentioned but perversely counterproductive public policy has
    anesthetized most Americans to the risk and cost of long-term care. For
    nearly 40 years, they have been able to ignore the risk, avoid the
    premiums for private insurance, and expect Medicaid and Medicare to pay
    for their long-term care if and when it’s needed.

    Unfortunately, that old system is falling apart as access to and quality
    of government-financed long-term care have collapsed over the past
    decade. Already now, and far more so in the future, access to quality
    long-term care at the most appropriate and desirable levels (home care
    or assisted living) will require an ability to pay privately.

    We desperately need a change in public policy incentives to encourage
    Americans to take the risk of long-term care seriously, to plan early,
    and to save, invest, or insure so they can pay privately when they need
    long-term care.

    Stephen A. Moses is president of the Center for Long-Term Care Financing
    in Seattle, Washington. He can be reached by email at
    smoses@centerltc.org, or by phone at 206/283-7036.

    Above article is quoted from the Heartland Institute, Health Care News
    March 2003 www.heartland.org

    ”Evergreen (Today’s Quotes)”

    “For the saddest epitaph which can be carved in memory of a vanished
    freedom is that it was lost because its possessors failed to stretch
    forth a saving hand while there was still time.” — Justice George
    Sutherland

    “Act only on that maxim through which you can at the same time will that
    it should become a universal law.” — Immanuel Kant

    ”’Edited by Richard O. Rowland, president of Grassroot Institute of Hawaii. He can be reached at (808) 487-4959 or by email at:”’ mailto:grassroot@hawaii.rr.com ”’For more information, see its Web site at:”’ https://www.grassrootinstitute.org/

    From Disruptive Children to Relationship Mistakes

    0

    “Suzanne Gelb Image”

    ”Disruptions — Why Won’t My Child Listen?”

    Dear Dr. Gelb:

    My child brought home a note from school that she is being disruptive in class. This is not the first note of this type, and I’ve talked with the teacher and I’m trying to give consequences, but I don’t think it’s working. Where do I go from here?

    Unsure

    Dear Unsure:

    Many parents have found that when a desired behavior change is not forthcoming, this may be linked to the fact that consequences are not severe enough to encourage positive behavior. In such instances, some parents have found that an effective approach includes continuing to increase the level of consequences until the child gets the message. This can be supplemented with calling the principal or teacher and having a heart to heart talk with them and asking them to please not tolerate disruptive behavior. “Call me at home if necessary and I will come immediately to discipline my child,” said one concerned parent to his child’s teachers. It is so important for there to be communication and cooperation between school authorities and parents in order to avoid the development of disruptive behavior.

    ”Divorce — What About the Children?”

    Dear Dr. Gelb:

    My wife and I have been divorced for some time. Our teenage daughter is starting to date and I’m afraid she may repeat my mistakes and end up in a bad relationship. I’m already not too pleased with the type of boys she’s choosing. How can I make sure she gets on the right track?

    Getting It Right

    Dear Getting It Right:

    It is unfortunate that many children find themselves traumatized by parental separation and divorce. However, I certainly understand that sometimes two individuals experience incompatible behavior that can drive them apart. That is why it is so important, if necessary, that both parents have the freedom to nurture and spend time with their children. Then the children can be in a good position to resolve and outgrow separation-related difficulties, and they can learn from their parents’ experiences and be better equipped to more carefully choose a mate when they are ready.

    In my opinion it is usually the parent who suffers more emotional agony surviving divorce than the children do. The primary harm that I believe parents in such situations could cause their children would be to feel sorry for them and cater to their whims because of it. It is important to treat such children in the same way as one would if both parents were present, encouraging children not to blame either parent for the separation. If necessary, parents can explain about the incompatibility that caused the separation. This can satisfy a common concern that children have — that they are still loved.

    ”’Suzanne J. Gelb, Ph.D., J.D. authors this daily column, Dr. Gelb Says, which answers questions about daily living and behavior issues. Dr. Gelb is a licensed psychologist in private practice in Honolulu. She holds a Ph.D. in Psychology and a Ph.D. in Human Services. Dr. Gelb is also a published author of a book on Overcoming Addictions and a book on Relationships.”’

    ”’This column is intended for entertainment use only and is not intended for the purpose of psychological diagnosis, treatment or personalized advice. For more about the column’s purpose, see”’ “An Online Intro to Dr. Gelb Says”

    ”’Email your questions to mailto:DrGelbSays@hawaiireporter.com More information on Dr. Gelb’s services and related resources available at”’ https://www.DrGelbSays.com

    Legislative Hearing Notices – April 25, 2003

    0

    The following hearing notices, which are subject to change, were sorted and taken from the Hawaii State Capitol Web site. Please check that site for updates and/or changes to the schedule at

    “Hawaii State Legislature Sidebar”

    Go there and click on the Hearing Date to view the Hearing Notice.

    Hearings notices for both House and Senate measures in all committees:

    Hearing

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 9:00 AM GM399 Submitting for consideration and confirmation to the Board of Taxation Review, 1st Taxation District (Oahu), Gubernatorial Nominee MANOJ SAMARANAYAKE, CPA, for a term to expire 06-30-07. WAM

    4/25/03 9:00 AM GM400 Submitting for consideration and confirmation to the Board of Taxation Review, 4th Taxation District (Kauai), Gubernatorial Nominee MATT H. TAKATA, for a term to expire 06-30-07. WAM

    4/25/03 9:00 AM GM308 Submitting for consideration and confirmation to the Kaneohe Bay Regional Council, Gubernatorial Nominee DAVID A. KRUPP, PhD, for a term to expire 06-30-06. WLA

    4/25/03 9:00 AM GM309 Submitting for consideration and confirmation to the Kaneohe Bay Regional Council, Gubernatorial Nominee ROBIN GAY MAKAPAGAL, for a term to expire 06-30-06. WLA

    4/25/03 9:00 AM GM313 Submitting for consideration and confirmation to the Molokai Irrigation System Water Users Advisory Board, Gubernatorial Nominee GEORGE W. MAIOHO, for a term to expire 06-30-07. WLA

    4/25/03 9:00 AM GM344 Submitting for consideration and confirmation to the Hawai’i Community Development Authority (HCDA), Gubernatorial Nominee WILLIAM J. AILA, JR., for a term to expire 06-30-07 WLA

    4/25/03 9:00 AM GM345 Submitting for consideration and confirmation to the Hawai’i Community Development Authority (HCDA), Gubernatorial Nominee PAUL K. KIMURA, for a term to expire 06-30-07 WLA

    4/25/03 9:00 AM GM346 Submitting for consideration and confirmation to the Hawai’i Community Development Authority (HCDA), Gubernatorial Nominee EVELYN E. SOUZA, for a term to expire 06-30-06 WLA

    4/25/03 9:00 AM GM381 Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee BARBARA A. BROOKS, PhD, for a term to expire 06-30-07 WLA

    4/25/03 9:00 AM GM382 Submitting for consideration and confirmation to the Advisory Committee on Pesticides, Gubernatorial Nominee RONALD F.L. MAU, for a term to expire 06-30-07 WLA

    4/25/03 9:00 AM GM404 Submitting for consideration and confirmation to the Commission on Water Resource Management, Gubernatorial Nominee STEPHANIE A. WHALEN, for a term to expire 06-30-07. WLA

    4/25/03 9:00 AM GM424 Submitting for consideration and confirmation to the Hawai`i Community Development Authority, Gubernatorial Nominee MAEDA C. TIMSON, for a term to expire 06-30-06. WLA

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 10:30 AM HB1652 SD1 MAKING AN APPROPRIATION TO THE MEDICAID PRESCRIPTION DRUG REBATE SPECIAL FUND. CONFERENCE

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 11:00 AM GM283 Submitting for consideration and confirmation to the State Board of Barbering and Cosmetology, CHRISTOBAL J. QUINTANA, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM312 Submitting for consideration and confirmation to the Board of Massage Therapy, Gubernatorial Nominee WILFRED S. PANG, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM339 Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee LINDA D. HAMILTON, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM340 Submitting for consideration and confirmation to the State Board of Public Accountancy, Gubernatorial Nominee REBECCA S. WILLIAMS, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM341 Submitting for consideration and confirmation to the Board of Acupuncture, Gubernatorial Nominee GARY K. SAITO, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM342 Submitting for consideration and confirmation to the Board of Acupuncture, Gubernatorial Nominee MIKE HASHIMOTO, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM356 Submitting for consideration and confirmation to the Board of Electricians and Plumbers, Gubernatorial Nominee KEVIN H.M. CHONG KEE, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM357 Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee PETER T. DYER, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM358 Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee RANDALL M. HASHIMOTO, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM359 Submitting for consideration and confirmation to the Board of Professional Engineers, Architects, Surveyors, and Landscape Architects, Gubernatorial Nominee SHAWN USHIJIMA, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM373 Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominee WENDELL K.S. FOO, MD, for a term to expire 06-30-06 CPH

    4/25/03 11:00 AM GM374 Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominee RONALD H. KIENITZ, DO, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM375 Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominee PETER A. MATSUURA, MD, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM376 Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominee JOHN T. McDONNELL, MD, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM377 Submitting for consideration and confirmation to the Board of Medical Examiners, Gubernatorial Nominee MARIA BRUSCA PATTEN, DO, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM378 Submitting for consideration and confirmation to the Motor Vehicle Industry Licensing Board, Gubernatorial Nominee DAVID D.S. CHUN, for a term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM379 Submitting for consideration and confirmation to the Board of Examiners in Naturopathy, Gubernatorial Nominee SHERYL L. THOMPSON, for a term to epxire 06-30-07 CPH

    4/25/03 11:00 AM GM380 Submitting for consideration and confirmation to the State Board of Nursing, Gubernatorial Nominee THERESA SAKAI, RN, for term to expire 06-30-07 CPH

    4/25/03 11:00 AM GM383 Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee DULCE TOMI ONAGA, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM384 Submitting for consideration and confirmation to the Board of Psychology, Gubernatorial Nominee LAURA E. OZAK, RN, JD, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM386 Submitting for consideration and confirmation to the Real Estate Commission, Gubernatorial Nominee TRUDY I. NISHIHARA, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM402 Submitting for consideration and confirmation to the Board of Veterinary Examiners, Gubernatorial Nominee ROGER M. KONDO, DVM, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM406 Submitting for consideration and confirmation to the State Boxing Commission of Hawai`i, Gubernatorial Nominee DELLA K. MARTIN (YOUNG), for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM413 Submitting for consideration and confirmation to the Motor Vehicle Repair Industry Board, Gubernatorial Nominee JAN N. WIEDMAN, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM414 Submitting for consideration and confirmation to the Board of Pharmacy, Gubernatorial Nominee KARL H. MIYAMOTO, for a term to expire 06-30-07. CPH

    4/25/03 11:00 AM GM415 Submitting for consideration and confirmation to the Board of Psychology, Gubernatorial Nominee WILLIAM C. REZENTES, III, PhD, for a term to expire 06-30-07. CPH

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 1:30 PM SB1262 SD1 HD1 RELATING TO PROCUREMENT. CONFERENCE

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 2:00 PM HB638 HD1 SD2 RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM. CONFERENCE

    4/25/03 2:00 PM HB1175 HD2 SD1 RELATING TO THE DEPARTMENT OF EDUCATION. CONFERENCE

    4/25/03 2:00 PM HB1362 SD1 RELATING TO THE ISSUANCE OF SPECIAL PURPOSE REVENUE BONDS FOR ST. PATRICK SCHOOL. CONFERENCE

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 3:00 PM HB512 HD1 SD2 RELATING TO HEALTH. CONFERENCE
    4/25/03 3:00 PM GM369 Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee JEFF GOLDSMITH, for a term to expire 06-30-07 TMG

    4/25/03 3:00 PM GM372 Submitting for consideration and confirmation to the Medical Advisory Board, Gubernatorial Nominee JOYCE CASSEN, MD, for a term to expire 06-30-06 TMG

    4/25/03 3:00 PM GM411 Submitting for consideration and confirmation to the State Highway Safety Council, Gubernatorial Nominee CAROL H. McNAMEE, for a term to expire 06-30-07. TMG

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 4:00 PM HB1613 HD2 SD1 RELATING TO NORTH KOHALA. CONFERENCE

    ”Date Time Bill Number Measure Title Committee”

    4/25/03 5:00 PM HB1465 HD2 SD2 RELATING TO INTOXICATING LIQUOR. CONFERENCE

    ”’To reach legislators, see:”’ “Representatives at a Glance” and “Senators at a Glance”

    Political Tittle-tattle: News and Entertainment from Hawaii's Political Arena

    0

    “Malia Lt blue top Image”

    ”City Touts H-Power Plant on Radio Commercial Series, Waianae Residents Might Write the Ad a Bit Differently”

    H-Power, the City & County of Honolulu’s garbage-to-ash plant in Waianae, was out of order and shut down nearly one third of the year in 2002, or for more than 100 days. That led to a massive pile up of garbage in the Waimanalo Gulch, the landfill in Waianae that receives ash from H-Power along with waste that cannot be burned.

    In fact, the garbage that was neglected, and not burned, caused the landfill to fill up much quicker than expected, leading the city administration to ask the state Department of Health for a permit to expand the landfill’s height by 30 feet. The 30-foot extension was only expected to give the city about 8 more months before other alternatives to the Waimanalo Gulch would be needed.

    That why it was odd to hear the City & County of Honolulu sponsoring a radio commercial on Clear Channel stations that claims H-Power has helped clean up Oahu’s environment and has been a wonderful and successful venture. “Thank you, H-Power,” the announcer says with a jolly, deep voice in the end of the commercial.

    It is obvious the commercial is funded by the city administration and not by the people in Waianae who live next to the landfill, which has been piled high way past its capacity because H-Power has broken down so many times. If the Waianae residents wrote the commercial, they would likely say the H-Power system is antiquated and has deteriorated so extensively that more garbage is left unburned that burned

    Political Tittle-tattle: News and Entertainment from Hawaii’s Political Arena

    0

    “Malia Lt blue top Image”

    ”City Touts H-Power Plant on Radio Commercial Series, Waianae Residents Might Write the Ad a Bit Differently”

    H-Power, the City & County of Honolulu’s garbage-to-ash plant in Waianae, was out of order and shut down nearly one third of the year in 2002, or for more than 100 days. That led to a massive pile up of garbage in the Waimanalo Gulch, the landfill in Waianae that receives ash from H-Power along with waste that cannot be burned.

    In fact, the garbage that was neglected, and not burned, caused the landfill to fill up much quicker than expected, leading the city administration to ask the state Department of Health for a permit to expand the landfill’s height by 30 feet. The 30-foot extension was only expected to give the city about 8 more months before other alternatives to the Waimanalo Gulch would be needed.

    That why it was odd to hear the City & County of Honolulu sponsoring a radio commercial on Clear Channel stations that claims H-Power has helped clean up Oahu’s environment and has been a wonderful and successful venture. “Thank you, H-Power,” the announcer says with a jolly, deep voice in the end of the commercial.

    It is obvious the commercial is funded by the city administration and not by the people in Waianae who live next to the landfill, which has been piled high way past its capacity because H-Power has broken down so many times. If the Waianae residents wrote the commercial, they would likely say the H-Power system is antiquated and has deteriorated so extensively that more garbage is left unburned that burned

    Dems Risk Losing Almost All Federal Funding for Low-Income Students

    “William Stonebraker Image”

    By running from the high standards set by the No Child Left Behind program and refusing federal funding for this mandate, House Democrats are not only telling Hawaii that our children should quit now because they cannot succeed, but also ensuring it.

    Hawaii’s children are absolutely capable of success and should not be told otherwise.

    In a recent informational briefing, non-partisan National Conference of State Legislatures’ Education Expert David Shreve testified if Hawaii does not participate in the No Child Left Behind program, not only would the state lose the $194.6 million in federal funds for the program, but also all federal Title I funding and any funding associated with the Title I formula including Native Hawaiian programs.

    “The federal government will take away every possible penny that they can,” Shreve said. “In the history of federal education legislation there has never been a state that turned down the money.”

    Last week, all House Republicans and two Democrats voted to keep the funding and participate in the No Child Left Behind program — a program which introduces accountability and demands results.

    Republican in the House believe rejecting the No Child Left Behind federal mandate, and federal funds, is the most irresponsible choice the state could possibly make, running contrary to everything we are trying to accomplish in this state.

    N.C.L.B., or No Child Left Behind should really stand for No Challenge Liked by Bureaucrats. I believe our kids are smart enough to meet the challenge but apparently some government officials are afraid to step up to the plate.

    By quitting on our kids now, Democrats are saying “we’ve left you behind a long time ago,” but that kind of “give up” attitude is unacceptable among Republicans.

    ”’Rep. Bud Stonebraker is a Republican in the House representing the Hawaii Kai district.”’

    Evaluation of the State's Integrated Special Education Database System-Report No. 03-05, April 2003

    0

    “Overview”

    The Department of Education is responsible for the Integrated Special Education
    Database (ISPED) system. The department has already spent almost $16 million
    to make ISPED operational and plans to spend an additional $6 million for on-going development and maintenance. ISPED was developed to address the Felix
    consent decree’s requirement that the State develop a seamless system of care for children and adolescents requiring mental health services, supported by a
    computerized information system. However, we found that a lack of vision and
    long-term planning hampered ISPED from the start.

    Although ISPED was implemented in June 2001, it continues to have significant
    infrastructure and web site deficiencies that need improvement. For example,
    about one-third of the 71 school personnel interviewed noted that the web site is difficult to navigate, confusing in general, and not user friendly. Special education teachers have reported slow response time of the ISPED system, with modules taking four to ten hours to complete per student.

    The statewide use of ISPED is also inconsistent. No formal ISPED training has
    been established, key ISPED functions are underutilized, and ISPED confidentiality concerns have arisen. Some school personnel seemed unconcerned or unaware of ISPED’s importance as a Felix requirement. We even encountered one school that had begun using ISPED only two weeks before our October 2002 interviews. Staff at other schools were given the option of inputting data into ISPED. A Felix consent decree benchmark