11 Temmuz 2012 Çarşamba
10 Temmuz 2012 Salı
7 Temmuz 2012 Cumartesi
The grossly underenforced zoning law that preserves loft space in SoHo for artists.
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The effort to get the law changed involves revealing how many property owners are in violation of the law.
The effort to get the law changed involves revealing how many property owners are in violation of the law.
At issue is a 1971 zoning change that allowed artists to legally live in lofts they had converted from industrial space in SoHo. Technically, much of the neighborhood is still zoned to permit manufacturing, and a condition has been placed on the old industrial buildings: Each loft must have at least one artist or successor, and the use of retail spaces must be wholesale without a special permit.Technically....
Untold numbers of owners have sold lofts to wealthy non-artists, and SoHo has become one of the city's premier commercial retail centers, with boutique shops occupying the area's high-ceilinged, cast-iron buildings....What about fairness to all the people who have refrained from doing things that are against the law? You operated in a market that was affected by this law, free of competition from law abiders, and now you want it all legal, which would allow you to profit hugely by selling to all these late-comers to the market. Shouldn't the excess profit be factored out and put into a fund to support artists — the people you pushed out?
The owners' committee said it wants to legitimize what has already happened: SoHo's loft spaces are no longer just for artists, and their current residents and owners shouldn't have the uncertainty of being at odds with city zoning law hanging over their heads.
"In all fairness to the 99% of people who are here illegally, now is the time and the problem must be solved," said Ms. Baisley.
"To get rid of [the law] will destroy SoHo," said Mimi Smith, a feminist painter and sculptor, who bought a loft in 1973. "It's a real-estate ploy. They want more money for their lofts."Does she still own that loft? Or did she cash out early? Anyway, the SoHo of the 1970s was destroyed long ago. Presumably, there are remnants of artiness left, not that you can tell from street-level nowadays.
"Stack ranking" — the management technique that ruined Microsoft.
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Stack ranking "forces every unit to declare a certain percentage of employees as top performers, good performers, average, and poor."
Stack ranking "forces every unit to declare a certain percentage of employees as top performers, good performers, average, and poor."
"Every current and former Microsoft employee I interviewed—every one—cited stack ranking as the most destructive process inside of Microsoft, something that drove out untold numbers of employees,” Eichenwald writes. “If you were on a team of 10 people, you walked in the first day knowing that, no matter how good everyone was, 2 people were going to get a great review, 7 were going to get mediocre reviews, and 1 was going to get a terrible review,” says a former software developer. “It leads to employees focusing on competing with each other rather than competing with other companies.”ADDED: Stack ranking seems designed to overcome the standard problem in group projects, that people take advantage of each other. If we're all going to get the same credit, what do you do? Work really hard or let others do the work? What can you do to prevent that dysfunction? Apparently, the answer is to create a different dysfunction.
"The survey found that 74 percent of black women and 70 percent of black men said that 'living a religious life' is very important."
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"On that same question, the number falls to 57 percent of white women and 43 percent of white men."
So not only is there less religion among the white people, there's a much larger gender gap.
The linked article — in the Washington Post — concentrates on how religious black women are, but I'm noticing how religious black men are. Casual observation of life in the United States has made us think women are much more religious than men. I'm surprised to see how close the percentages are for black people. The 57%/43% gap — which the poll shows among white people — comes much closer to what I would expect.
ADDED: I'm looking at the poll details, and it's interesting to see the differences in how satisfied people are with their lives. The most satisfied people are the white women. 90% say they are very or somewhat satisfied. Next come the white men, with 86%, and the black women with 85%. Last, but not far behind, are the black men at 83%. I'm surprised so many people are satisfied!
"On that same question, the number falls to 57 percent of white women and 43 percent of white men."
So not only is there less religion among the white people, there's a much larger gender gap.
The linked article — in the Washington Post — concentrates on how religious black women are, but I'm noticing how religious black men are. Casual observation of life in the United States has made us think women are much more religious than men. I'm surprised to see how close the percentages are for black people. The 57%/43% gap — which the poll shows among white people — comes much closer to what I would expect.
ADDED: I'm looking at the poll details, and it's interesting to see the differences in how satisfied people are with their lives. The most satisfied people are the white women. 90% say they are very or somewhat satisfied. Next come the white men, with 86%, and the black women with 85%. Last, but not far behind, are the black men at 83%. I'm surprised so many people are satisfied!
The Madness of Madison.
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State Street, today:
ME (reading aloud, to my companion): Walker is not above the law and will go to prison.
CHALKING MAN (to me): It's true! John Doe!
ME (to the chalking man): Live the fantasy. (To my companion:) The madness of Madison.
One hour earlier — about a block from there — we walked past a man who was lying supine on a low concrete wall. Eyes closed, he intoned repeatedly:
State Street, today:
ME (reading aloud, to my companion): Walker is not above the law and will go to prison.
CHALKING MAN (to me): It's true! John Doe!
ME (to the chalking man): Live the fantasy. (To my companion:) The madness of Madison.
One hour earlier — about a block from there — we walked past a man who was lying supine on a low concrete wall. Eyes closed, he intoned repeatedly:
I am a good slave
Free to a good owner
I will obey my master
"Listen, we’re just politicians. I wasn’t elected to play God."
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Said John Boehner:
Said John Boehner:
The American people probably aren’t going to fall in love with Mitt Romney. I’ll tell you this: 95 percent of the people that show up to vote in November are going to show up in that voting booth, and they are going to vote for or against Barack Obama.I think we've had enough love for a while. Let's not idolize politicians.
Mitt Romney has some friends, relatives and fellow Mormons ... some people that are going to vote for him. But that’s not what this election is about. This election is going to be a referendum on the president’s failed economic policies.
Mitt Romney believes, just like we do, that if we’re going to get the economy back, if we’re going to put the American people back to work, we need to fix the tax code, we need to stop the regulatory juggernaut that’s going on in Washington and we need to fix our economy. Solid guy, he’s going to do a great job, even if you don’t fall in love with him.
5 Temmuz 2012 Perşembe
$5 billion spent on camouflage uniforms that make soldiers easier to see.
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"The mixture of the Army's gray-green color scheme with the pixel pattern turns out to be quite eye-catching — not a good quality in camouflage."
This gives new meaning to the term "fashion victim."
"The mixture of the Army's gray-green color scheme with the pixel pattern turns out to be quite eye-catching — not a good quality in camouflage."
Apparently, Army commanders were "envious" of the dust-colored pixelated camouflage being developed for the Marine Corps, and rushed to demand a similar pattern in their own colors, instead of playing it safe with the classic cloudy globs traditionally used for Army camouflage. Things went haywire when officials insisted on using the Army's traditional grey-green color scheme, which, when paired with the pixels — not to mention darker gear — turned soldiers into walking targets. "Brand identity trumped camouflage utility," says military journalist Eric Graves. "That's what this really comes down to."Envious... of the fabric print...
This gives new meaning to the term "fashion victim."
Fashion victim is a term claimed to have been coined by Oscar de la Rental that is used to identify a person who is unable to identify commonly recognized boundaries of style.You'd think military men would be beyond this kind of thing, but then again... military uniforms nearly always have nonfunctional aspects, and thoughts about how one will look in uniform surely affects the male mind, as those in charge of ordering new uniforms must know.
Fashion victims are victims because they are vulnerable to faddishness and materialism, two of the widely recognized excesses of fashion, and consequently are at the mercy of society's prejudices or of the commercial interest of the fashion industry, or of both. According to Versace, "When a woman alters her look too much from season to season, she becomes a fashion victim."
Tattoos.
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Lots of interesting photographs here, quite aside from whether the tattoos are wise choices or well done. I love #19, done with a fisheye lens, which shows a man whose large upper arm is consumed by a technically excellent monochrome depiction of the face of Bruce Springsteen. A terrible idea. Sickeningly earnest to me, but the guy is quite pleased with it, and he's at a Bruce Springsteen concert, so there's something charming about it. Horrible and charming.
The next photo — #20 — takes us in a completely different direction:
Lots of interesting photographs here, quite aside from whether the tattoos are wise choices or well done. I love #19, done with a fisheye lens, which shows a man whose large upper arm is consumed by a technically excellent monochrome depiction of the face of Bruce Springsteen. A terrible idea. Sickeningly earnest to me, but the guy is quite pleased with it, and he's at a Bruce Springsteen concert, so there's something charming about it. Horrible and charming.
The next photo — #20 — takes us in a completely different direction:
"Vinnie" Myers specializes in tattooing nipples and areolas onto women who have undergone breast cancer surgery. Using precisely mixed pigments, he creates a perfect 3-D illusion of the real thing...
U.S. Response to the Global Threat of HIV/AIDS: Basic Facts
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AlexandraE. Kendall
Analyst in Global Health
Thehuman immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) isone of the world’s most pressing global health challenges. Since thebeginning of the epidemic, more than 60 million people have been infectedwith HIV, approximately 30 million of whom have died of HIV-relatedcauses. At the end of 2010, an estimated 34 million people were living with thevirus, the vast majority of whom live in sub-Saharan Africa. Expanded access toantiretroviral therapy (ART) over the past decade, due in large part toU.S. support, has contributed to declines in deaths among people livingwith HIV. Nonetheless, new infections continue to outpace access totreatment. The second session of the 112th Congress will likely be faced withdetermining how, and to what extent, the United States should respond tothe continued challenge of global HIV/AIDS.
The United States has recognized HIV/AIDS as a key foreign policy priority.Congress has passed several pieces of legislation related to globalHIV/AIDS prevention, treatment, and care. In particular, in 2003, Congressenacted the U.S. Leadership Against HIV/AIDS, Tuberculosis, and MalariaAct of 2003 (P.L. 108-25), authorizing $15 billion to combat global HIV/AIDS, tuberculosis(TB), and malaria through the President’s Emergency Plan for AIDS Relief (PEPFAR),an initiative proposed by the George W. Bush Administration. In 2008, Congress enactedthe Tom Lantos and Henry J. Hyde United States Global Leadership AgainstHIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (P.L.110-293), authorizing $48 billion for HIV/AIDS, TB, and malaria programsfrom FY2009 through FY2013.
PEPFAR is the largest commitment in history by any nation to combat a singledisease and makes up the majority of donor funding for global HIV/AIDS.When PEPFAR was announced, health experts were debating whether theinternational community had a responsibility to provide ART in developingcountries and whether they could be safely administered in such environments. PEPFARresponded to calls from those advocating treatment for the world’s poor and demonstratedthat ART could be effectively provided in low-resource settings.
PEPFAR is coordinated by the Office of the U.S. Global AIDS Coordinator (OGAC)at the Department of State and is implemented by a range of U.S. agenciesthat include, among others, the United States Agency for InternationalDevelopment (USAID) and the Centers for Disease Control and Prevention(CDC). The United States also supports several multilateral organizations respondingto HIV/AIDS, including the Global Fund to Fight AIDS, Tuberculosis and Malaria (GlobalFund) and the United Nations Joint Program on HIV/AIDS (UNAIDS).
Due in part to the global response to HIV/AIDS, substantial progress has beenmade in combating the epidemic. New HIV infections fell by more than 25%in 33 countries between 2001 and 2009, and a total of 2.5 million deathshave been averted in low- and middle-income countries since 1995 due toantiretroviral therapy. At the same time, major challenges remain in the fightagainst HIV/AIDS. For example, with new infections outpacing availabletreatment, experts have increasingly debated how to best allocate limitedresources. This report outlines basic facts related to global HIV/AIDS,including characteristics of the epidemic and U.S. legislation, programs,funding, and partnerships related to global HIV/AIDS. It concludes with a brief descriptionof some of the major issues that might be considered by the 112th Congress inits response to the disease.
Date of Report: June 15, 2012
Number of Pages: 16
Order Number: R41645
Price: $29.95
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Document available via e-mail as a pdf file or in paper form.
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AlexandraE. Kendall
Analyst in Global Health
Thehuman immunodeficiency virus/acquired immune deficiency syndrome (HIV/AIDS) isone of the world’s most pressing global health challenges. Since thebeginning of the epidemic, more than 60 million people have been infectedwith HIV, approximately 30 million of whom have died of HIV-relatedcauses. At the end of 2010, an estimated 34 million people were living with thevirus, the vast majority of whom live in sub-Saharan Africa. Expanded access toantiretroviral therapy (ART) over the past decade, due in large part toU.S. support, has contributed to declines in deaths among people livingwith HIV. Nonetheless, new infections continue to outpace access totreatment. The second session of the 112th Congress will likely be faced withdetermining how, and to what extent, the United States should respond tothe continued challenge of global HIV/AIDS.
The United States has recognized HIV/AIDS as a key foreign policy priority.Congress has passed several pieces of legislation related to globalHIV/AIDS prevention, treatment, and care. In particular, in 2003, Congressenacted the U.S. Leadership Against HIV/AIDS, Tuberculosis, and MalariaAct of 2003 (P.L. 108-25), authorizing $15 billion to combat global HIV/AIDS, tuberculosis(TB), and malaria through the President’s Emergency Plan for AIDS Relief (PEPFAR),an initiative proposed by the George W. Bush Administration. In 2008, Congress enactedthe Tom Lantos and Henry J. Hyde United States Global Leadership AgainstHIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (P.L.110-293), authorizing $48 billion for HIV/AIDS, TB, and malaria programsfrom FY2009 through FY2013.
PEPFAR is the largest commitment in history by any nation to combat a singledisease and makes up the majority of donor funding for global HIV/AIDS.When PEPFAR was announced, health experts were debating whether theinternational community had a responsibility to provide ART in developingcountries and whether they could be safely administered in such environments. PEPFARresponded to calls from those advocating treatment for the world’s poor and demonstratedthat ART could be effectively provided in low-resource settings.
PEPFAR is coordinated by the Office of the U.S. Global AIDS Coordinator (OGAC)at the Department of State and is implemented by a range of U.S. agenciesthat include, among others, the United States Agency for InternationalDevelopment (USAID) and the Centers for Disease Control and Prevention(CDC). The United States also supports several multilateral organizations respondingto HIV/AIDS, including the Global Fund to Fight AIDS, Tuberculosis and Malaria (GlobalFund) and the United Nations Joint Program on HIV/AIDS (UNAIDS).
Due in part to the global response to HIV/AIDS, substantial progress has beenmade in combating the epidemic. New HIV infections fell by more than 25%in 33 countries between 2001 and 2009, and a total of 2.5 million deathshave been averted in low- and middle-income countries since 1995 due toantiretroviral therapy. At the same time, major challenges remain in the fightagainst HIV/AIDS. For example, with new infections outpacing availabletreatment, experts have increasingly debated how to best allocate limitedresources. This report outlines basic facts related to global HIV/AIDS,including characteristics of the epidemic and U.S. legislation, programs,funding, and partnerships related to global HIV/AIDS. It concludes with a brief descriptionof some of the major issues that might be considered by the 112th Congress inits response to the disease.
Date of Report: June 15, 2012
Number of Pages: 16
Order Number: R41645
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHPor #CRSreports
Document available via e-mail as a pdf file or in paper form.
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Title X (Public Health Service Act) Family Planning Program
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AngelaNapili
Information Research Specialist
Thefederal government provides grants for voluntary family planning servicesthrough the Family Planning Program, Title X of the Public Health ServiceAct, codified at 42 U.S.C. Section 300 to Section 300a-6. The program,enacted in 1970, is the only domestic federal program devoted solely tofamily planning and related preventive health services. Title X is administered throughthe Office of Population Affairs (OPA) under the Office of the AssistantSecretary for Health in the Department of Health and Human Services(DHHS).
Although the authorization of appropriations for Title X ended with FY1985,funding for the program has continued to be provided through appropriationsbills for the Departments of Labor, Health and Human Services, andEducation, and Related Agencies (Labor-HHS-Education). Within DHHS, TitleX receives its funding through the Health Resources and Services Administration(HRSA) account.
The President’s FY2013 Budget requests $296.838 million for Title X, 1% morethan the FY2012 funding level. The Senate-reported FY2013Labor-HHS-Education Appropriations bill, S. 3295, would provide $293.870million. FY2012 funding for Title X is $293.870 million, 2% less than theFY2011 funding level of $299.400 million. The Consolidated Appropriations Act,2012 (P.L. 112-74) continues previous years’ requirements that Title Xfunds not be spent on abortions, that all pregnancy counseling benondirective, and that funds not be spent on promoting or opposing anylegislative proposal or candidate for public office. Grantees continue to berequired to certify that they encourage “family participation” when minorsseek family planning services, and certify that they counsel minors on howto resist attempted coercion into sexual activity. The law also clarifiesthat family planning providers are not exempt from state notification andreporting laws on child abuse, child molestation, sexual abuse, rape, orincest.
The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programswhere abortion is a method of family planning. According to OPA, familyplanning projects that receive Title X funds are closely monitored toensure that federal funds are used appropriately and that funds are not usedfor prohibited activities such as abortion. The prohibition on abortion doesnot apply to all the activities of a Title X grantee, but only toactivities that are part of the Title X project. A grantee’s abortionactivities must be “separate and distinct” from the Title X project activities.
Several bills addressing Title X have been introduced in the 112th Congress.H.R. 217 and S. 96 would prohibit Title X grants to abortion-performingentities. H.R. 408 and S. 178 would eliminate the Title X program. H.R.1099 would prohibit federal spending on any family planning activity. H.R.1135, H.R. 1167, and S. 1904 would require an overall spending limit on meanstested welfareprograms, defined to include family planning. S. 814 would require online disclosureof audits conducted under Title X on any entity receiving Title X funds. H.R.5650 would prohibit Title X grantees and contractors from discriminatingagainst a health care entity on the basis of whether it separatelyprovides or refers for abortions, provides employees coverage ofabortions, or provides or requires training in performing abortions. H.R. 1would have eliminated funding for Title X for FY2011. H.R. 1 andH.Con.Res. 36 would have restricted federal funding to the PlannedParenthood Federation of America (PPFA) and its affiliates for FY2011. TheHouse-introduced FY2012 Labor-HHS-Education Appropriations bill, H.R. 3070, wouldhave prohibited the bill’s funds from being used for Title X. H.R. 3070 wouldhave also restricted the bill’s funding to PPFA and its affiliates unlessthey certify that the organization will not perform abortions.
Date of Report: June 18, 2012
Number of Pages: 27
Order Number: RL33644
Price: $29.95
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Document available via e-mail as a pdf file or in paper form.
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AngelaNapili
Information Research Specialist
Thefederal government provides grants for voluntary family planning servicesthrough the Family Planning Program, Title X of the Public Health ServiceAct, codified at 42 U.S.C. Section 300 to Section 300a-6. The program,enacted in 1970, is the only domestic federal program devoted solely tofamily planning and related preventive health services. Title X is administered throughthe Office of Population Affairs (OPA) under the Office of the AssistantSecretary for Health in the Department of Health and Human Services(DHHS).
Although the authorization of appropriations for Title X ended with FY1985,funding for the program has continued to be provided through appropriationsbills for the Departments of Labor, Health and Human Services, andEducation, and Related Agencies (Labor-HHS-Education). Within DHHS, TitleX receives its funding through the Health Resources and Services Administration(HRSA) account.
The President’s FY2013 Budget requests $296.838 million for Title X, 1% morethan the FY2012 funding level. The Senate-reported FY2013Labor-HHS-Education Appropriations bill, S. 3295, would provide $293.870million. FY2012 funding for Title X is $293.870 million, 2% less than theFY2011 funding level of $299.400 million. The Consolidated Appropriations Act,2012 (P.L. 112-74) continues previous years’ requirements that Title Xfunds not be spent on abortions, that all pregnancy counseling benondirective, and that funds not be spent on promoting or opposing anylegislative proposal or candidate for public office. Grantees continue to berequired to certify that they encourage “family participation” when minorsseek family planning services, and certify that they counsel minors on howto resist attempted coercion into sexual activity. The law also clarifiesthat family planning providers are not exempt from state notification andreporting laws on child abuse, child molestation, sexual abuse, rape, orincest.
The law (42 U.S.C. §300a-6) prohibits the use of Title X funds in programswhere abortion is a method of family planning. According to OPA, familyplanning projects that receive Title X funds are closely monitored toensure that federal funds are used appropriately and that funds are not usedfor prohibited activities such as abortion. The prohibition on abortion doesnot apply to all the activities of a Title X grantee, but only toactivities that are part of the Title X project. A grantee’s abortionactivities must be “separate and distinct” from the Title X project activities.
Several bills addressing Title X have been introduced in the 112th Congress.H.R. 217 and S. 96 would prohibit Title X grants to abortion-performingentities. H.R. 408 and S. 178 would eliminate the Title X program. H.R.1099 would prohibit federal spending on any family planning activity. H.R.1135, H.R. 1167, and S. 1904 would require an overall spending limit on meanstested welfareprograms, defined to include family planning. S. 814 would require online disclosureof audits conducted under Title X on any entity receiving Title X funds. H.R.5650 would prohibit Title X grantees and contractors from discriminatingagainst a health care entity on the basis of whether it separatelyprovides or refers for abortions, provides employees coverage ofabortions, or provides or requires training in performing abortions. H.R. 1would have eliminated funding for Title X for FY2011. H.R. 1 andH.Con.Res. 36 would have restricted federal funding to the PlannedParenthood Federation of America (PPFA) and its affiliates for FY2011. TheHouse-introduced FY2012 Labor-HHS-Education Appropriations bill, H.R. 3070, wouldhave prohibited the bill’s funds from being used for Title X. H.R. 3070 wouldhave also restricted the bill’s funding to PPFA and its affiliates unlessthey certify that the organization will not perform abortions.
Date of Report: June 18, 2012
Number of Pages: 27
Order Number: RL33644
Price: $29.95
Follow us on TWITTER at http://www.twitter.com/alertsPHPor #CRSreports
Document available via e-mail as a pdf file or in paper form.
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Medical Malpractice: Overview and Legislation in the 112th Congress
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BairdWebel
Specialist in Financial Economics
Vivian S. Chu
Legislative Attorney
Amanda K. Sarata
Specialist in Health Policyb
Asa policy area, medical malpractice involves issues related to its prevalence inthe health care system; the market for provider liability insurance; andthe resolution of malpractice complaints through the tort system.
Medical malpractice has attracted congressional attention numerous times overthe past decades, particularly in the midst of three “crisis” periods forthe liability insurance market in the mid- 1970s, the mid-1980s, and theearly 2000s. These periods were marked by sharp increases in medicalliability insurance premiums, difficulties in finding any medical liabilityinsurance in some areas as insurers withdrew from providing coverage,reports of providers leaving areas or retiring following insurancedifficulties, and a variety of public policy measures at both the state andfederal levels. The effectiveness of various public policy measures inaddressing the issues in the medical malpractice liability market has beena matter of debate, in part because these difficulties have arisen at theintersection of the health care, tort, and insurance systems.
The overall medical liability insurance market is not currently exhibiting acomparable level of disruption to that in the “crisis” periods.Nonetheless, concerns persist regarding the affordability and availabilityof malpractice insurance in particular regions and for certain physicianspecialties (e.g., obstetricians). In addition, concern about medicalmalpractice claims may affect individual provider decisions and the costof health care.
In terms of direct costs, medical malpractice insurance adds relativelylittle to the overall cost of health care. Medical malpractice premiums in2010 totaled approximately $10.2 billion, whereas overall healthexpenditures were $2.6 trillion in 2010 according, respectively, to data from insurancerating firm AM Best and the National Health Expenditure Accounts. Indirect costs, particularlyincreased use of services by providers to protect against future lawsuits (“defensive medicine”),have been estimated to be higher than direct costs. CBO estimated that enacting federaltort reforms would reduce health care spending by approximately 0.4%-0.5%(roughly $9 billion-$11 billion) and the federal budget deficit by between$40 billion and $57 billion over a 10-year period.
The malpractice system also faces issues of equity and access. For example,some observers have criticized the current system’s performance withrespect to (1) compensating patients who have been harmed by malpractice,(2) deterring substandard medical care, and (3) promoting patient safety.There are differing opinions as to the extent that each of these areas has beenaffected by the current malpractice system.
In the 112th Congress, the primary vehicle addressing medical malpractice hasbeen H.R. 5, which focused on medical liability tort reform whenintroduced but was amended to include language similar to other legislation,specifically H.R. 157, H.R. 1150, H.R. 1943, and H.R. 3586. The amendedversion of H.R. 5 passed the House in March 2012. Language similar to theintroduced version of H.R. 5 was included in H.R. 5652, the House budgetreconciliation bill for FY2013, which passed the House in May 2012. TheSenate has yet to consider H.R. 5 or S. 218 and S. 1099, companion billsto H.R. 5 as introduced. The President’s budgets for FY2012 and FY2013 bothrequested $250 million for grants to test a variety of reform proposals, butthis funding has not been appropriated by Congress.
Date of Report: June 18, 2012
Number of Pages: 20
Order Number: R41693
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BairdWebel
Specialist in Financial Economics
Vivian S. Chu
Legislative Attorney
Amanda K. Sarata
Specialist in Health Policyb
Asa policy area, medical malpractice involves issues related to its prevalence inthe health care system; the market for provider liability insurance; andthe resolution of malpractice complaints through the tort system.
Medical malpractice has attracted congressional attention numerous times overthe past decades, particularly in the midst of three “crisis” periods forthe liability insurance market in the mid- 1970s, the mid-1980s, and theearly 2000s. These periods were marked by sharp increases in medicalliability insurance premiums, difficulties in finding any medical liabilityinsurance in some areas as insurers withdrew from providing coverage,reports of providers leaving areas or retiring following insurancedifficulties, and a variety of public policy measures at both the state andfederal levels. The effectiveness of various public policy measures inaddressing the issues in the medical malpractice liability market has beena matter of debate, in part because these difficulties have arisen at theintersection of the health care, tort, and insurance systems.
The overall medical liability insurance market is not currently exhibiting acomparable level of disruption to that in the “crisis” periods.Nonetheless, concerns persist regarding the affordability and availabilityof malpractice insurance in particular regions and for certain physicianspecialties (e.g., obstetricians). In addition, concern about medicalmalpractice claims may affect individual provider decisions and the costof health care.
In terms of direct costs, medical malpractice insurance adds relativelylittle to the overall cost of health care. Medical malpractice premiums in2010 totaled approximately $10.2 billion, whereas overall healthexpenditures were $2.6 trillion in 2010 according, respectively, to data from insurancerating firm AM Best and the National Health Expenditure Accounts. Indirect costs, particularlyincreased use of services by providers to protect against future lawsuits (“defensive medicine”),have been estimated to be higher than direct costs. CBO estimated that enacting federaltort reforms would reduce health care spending by approximately 0.4%-0.5%(roughly $9 billion-$11 billion) and the federal budget deficit by between$40 billion and $57 billion over a 10-year period.
The malpractice system also faces issues of equity and access. For example,some observers have criticized the current system’s performance withrespect to (1) compensating patients who have been harmed by malpractice,(2) deterring substandard medical care, and (3) promoting patient safety.There are differing opinions as to the extent that each of these areas has beenaffected by the current malpractice system.
In the 112th Congress, the primary vehicle addressing medical malpractice hasbeen H.R. 5, which focused on medical liability tort reform whenintroduced but was amended to include language similar to other legislation,specifically H.R. 157, H.R. 1150, H.R. 1943, and H.R. 3586. The amendedversion of H.R. 5 passed the House in March 2012. Language similar to theintroduced version of H.R. 5 was included in H.R. 5652, the House budgetreconciliation bill for FY2013, which passed the House in May 2012. TheSenate has yet to consider H.R. 5 or S. 218 and S. 1099, companion billsto H.R. 5 as introduced. The President’s budgets for FY2012 and FY2013 bothrequested $250 million for grants to test a variety of reform proposals, butthis funding has not been appropriated by Congress.
Date of Report: June 18, 2012
Number of Pages: 20
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4 Temmuz 2012 Çarşamba
South Florida Restaurants Stay Hungry for Workers
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Read more here: http://www.miamiherald.com/2012/04/20/2759019_p2/unemployment-dropping-in-south.html#storylink=cpy
At Juvia, South Beach’s celebrated new rooftop restaurant, the butter-poached crab appetizer sells for almost $40. Chocolate eel sauce graces the menu, as does apple soup. But for all the exotic dishes and rave reviews, executive chef Sunny Oh still pines for at least one crucial ingredient each day: a full payroll.
“It’s been difficult to find quality people,’’ said Oh, a veteran of South Beach’s dining scene after a decade at the Shore Club’s Nobu Miami. “The good restaurants in Miami are always looking for people. Always — even during the recession.”
South Florida restaurants stay hungry for workers
South Florida saw unemployment drop last month and payrolls grow. But the gains don’t compare to the streak in the restaurant industry.
Friday brought a fairly positive jobs report for South Florida, with unemployment rates dropping and payrolls expanding in many sectors in March. But even with numbers improving, almost no major industry can boast of the kind of hiring streak under way in Miami-Dade restaurants: 28 straight months of job growth.
The industry last saw job losses in November 2009, during the depths of the global financial crisis. Since then, about 10,000 restaurants jobs have been added, putting the dining industry on a faster recovery pace than the labor market as a whole. The latest numbers have restaurant jobs growing at 6 percent, while overall Miami-Dade payrolls were up just over 2 percent in the latest local jobs report released Friday.
Restaurants’ standout performance isn’t the kind of good news economists like to tout in a healthy recovery. Despite improving unemployment levels and hiring rates, analysts see growth in low-paying service jobs masking trouble in better-paying sectors, including construction, manufacturing and white-collar professions like banking, accounting and law.
“I’m definitely concerned,’’ said Chris Lafakis, a Moody’s economist, who gave a “tepid thumbs up” to South Florida’s latest employment report. “The headline number looks good, but it’s discouraging not to see any growth in goods-producing industries.”
Broward actually saw its manufacturing industry begin to create jobs in 2012, with almost 3,000 new manufacturing positions added in March over the prior year. The four-month stretch of employment gains is the best for Broward manufacturing since the early 1990s.
But construction — a much bigger part of South Florida’s economy — continues its slide in both counties. Broward saw a loss of 2,800 jobs and Miami-Dade 2,000. The March numbers mean South Florida’s construction industry has been shedding jobs for four years and seven months. Employment is at about half what it was during the housing boom, amounting to a loss of about 62,000 construction jobs.
Gains in hospitality, healthcare and retail continued to drive the hiring recovery in March. Compared to a year ago, employers in Broward added 5,500 positions. In Miami-Dade, there were 23,400 new jobs.
Unemployment rates also showed progress. In Broward, the raw unemployment rate dropped from 7.9 percent to 7.5 percent, the lowest since December 2008. Miami-Dade’s seasonally adjusted rate showed unemployment at 10 percent in March, down from 10.3 percent in February. That’s the lowest since the summer of 2009. The federal Bureau of Labor Statistics will provide a seasonally adjusted unemployment rate for Broward and Florida’s other medium-sized counties later this month.
Florida saw the sharpest drop in its unemployment rate since the early 1990s, from 9.4 percent in February to 9 percent in March. The state added almost 11,000 jobs in March, about half of February’s gain.
Despite improving numbers, South Florida remains a rough place for job seekers. About 190,000 people are listed as unemployed in both counties. On Friday a pharmaceutical facility in Miami, PL Developments, disclosed mass layoffs, with 82 workers losing their jobs in June, according to state documents.
Improving unemployment rates are seen as feeding consumer confidence, which has been a boon to the dining and retail industries in recent years. A rebound in consumer spending helped bolster restaurant receipts shortly after the financial crisis ebbed in 2010. In July 2010, a tax Miami-Dade charges most mainland restaurants returned to record levels, after dropping 4 percent in 2008.
“Tourism has helped,’’ Robert Cruz, Miami-Dade’s economist, said of growing restaurant jobs. “But consumers are spending again. That’s why they’re more willing to go out to dinner.”
Broward’s restaurant industry isn’t large enough to get its own category in monthly job reports, but its hospitality sector accounted for 22 percent of the new jobs in March, behind retail and healthcare. In Miami-Dade, the restaurant industry’s two-plus years of hiring is second only to healthcare’s stunning record of flat or growing payrolls since June 2000.
Pastry chef Mayde Montesano found herself jobless in November when her employer at the time, Miami Beach’s Kane Steakhouse, abruptly closed. On Friday, Monstesano was back at work at Juvia, where she spent part of the morning preparing a stylized Snickers bar that includes coconut-lime ice cream
“I love it so far,’’ the 49-year-old said during a break. She talked to six restaurants before settling on Juvia for her next job. Though pastry-chef slots were hard to find, Montesano said openings were plentiful in kitchens throughout South Beach “There were a lot for line cooks,’’ she said.
Juan Carlos Barrera, owner of downtown’s La Moon, said business has been brisk in recent years at the Colombian hot dog restaurant. Job applications? Not so much.
“This last year has been really hard to find workers,’’ he said. “Kitchen, management, deliveries, waitresses, hostessing — everything.”
South Florida saw unemployment drop last month and payrolls grow. But the gains don’t compare to the streak in the restaurant industry.
Read more here: http://www.miamiherald.com/2012/04/20/2759019_p2/unemployment-dropping-in-south.html#storylink=cpy
At Juvia, South Beach’s celebrated new rooftop restaurant, the butter-poached crab appetizer sells for almost $40. Chocolate eel sauce graces the menu, as does apple soup. But for all the exotic dishes and rave reviews, executive chef Sunny Oh still pines for at least one crucial ingredient each day: a full payroll.
“It’s been difficult to find quality people,’’ said Oh, a veteran of South Beach’s dining scene after a decade at the Shore Club’s Nobu Miami. “The good restaurants in Miami are always looking for people. Always — even during the recession.”
South Florida restaurants stay hungry for workers
South Florida saw unemployment drop last month and payrolls grow. But the gains don’t compare to the streak in the restaurant industry.
Friday brought a fairly positive jobs report for South Florida, with unemployment rates dropping and payrolls expanding in many sectors in March. But even with numbers improving, almost no major industry can boast of the kind of hiring streak under way in Miami-Dade restaurants: 28 straight months of job growth.
The industry last saw job losses in November 2009, during the depths of the global financial crisis. Since then, about 10,000 restaurants jobs have been added, putting the dining industry on a faster recovery pace than the labor market as a whole. The latest numbers have restaurant jobs growing at 6 percent, while overall Miami-Dade payrolls were up just over 2 percent in the latest local jobs report released Friday.
Restaurants’ standout performance isn’t the kind of good news economists like to tout in a healthy recovery. Despite improving unemployment levels and hiring rates, analysts see growth in low-paying service jobs masking trouble in better-paying sectors, including construction, manufacturing and white-collar professions like banking, accounting and law.
“I’m definitely concerned,’’ said Chris Lafakis, a Moody’s economist, who gave a “tepid thumbs up” to South Florida’s latest employment report. “The headline number looks good, but it’s discouraging not to see any growth in goods-producing industries.”
Broward actually saw its manufacturing industry begin to create jobs in 2012, with almost 3,000 new manufacturing positions added in March over the prior year. The four-month stretch of employment gains is the best for Broward manufacturing since the early 1990s.
But construction — a much bigger part of South Florida’s economy — continues its slide in both counties. Broward saw a loss of 2,800 jobs and Miami-Dade 2,000. The March numbers mean South Florida’s construction industry has been shedding jobs for four years and seven months. Employment is at about half what it was during the housing boom, amounting to a loss of about 62,000 construction jobs.
Gains in hospitality, healthcare and retail continued to drive the hiring recovery in March. Compared to a year ago, employers in Broward added 5,500 positions. In Miami-Dade, there were 23,400 new jobs.
Unemployment rates also showed progress. In Broward, the raw unemployment rate dropped from 7.9 percent to 7.5 percent, the lowest since December 2008. Miami-Dade’s seasonally adjusted rate showed unemployment at 10 percent in March, down from 10.3 percent in February. That’s the lowest since the summer of 2009. The federal Bureau of Labor Statistics will provide a seasonally adjusted unemployment rate for Broward and Florida’s other medium-sized counties later this month.
Florida saw the sharpest drop in its unemployment rate since the early 1990s, from 9.4 percent in February to 9 percent in March. The state added almost 11,000 jobs in March, about half of February’s gain.
Despite improving numbers, South Florida remains a rough place for job seekers. About 190,000 people are listed as unemployed in both counties. On Friday a pharmaceutical facility in Miami, PL Developments, disclosed mass layoffs, with 82 workers losing their jobs in June, according to state documents.
Improving unemployment rates are seen as feeding consumer confidence, which has been a boon to the dining and retail industries in recent years. A rebound in consumer spending helped bolster restaurant receipts shortly after the financial crisis ebbed in 2010. In July 2010, a tax Miami-Dade charges most mainland restaurants returned to record levels, after dropping 4 percent in 2008.
“Tourism has helped,’’ Robert Cruz, Miami-Dade’s economist, said of growing restaurant jobs. “But consumers are spending again. That’s why they’re more willing to go out to dinner.”
Broward’s restaurant industry isn’t large enough to get its own category in monthly job reports, but its hospitality sector accounted for 22 percent of the new jobs in March, behind retail and healthcare. In Miami-Dade, the restaurant industry’s two-plus years of hiring is second only to healthcare’s stunning record of flat or growing payrolls since June 2000.
Pastry chef Mayde Montesano found herself jobless in November when her employer at the time, Miami Beach’s Kane Steakhouse, abruptly closed. On Friday, Monstesano was back at work at Juvia, where she spent part of the morning preparing a stylized Snickers bar that includes coconut-lime ice cream
“I love it so far,’’ the 49-year-old said during a break. She talked to six restaurants before settling on Juvia for her next job. Though pastry-chef slots were hard to find, Montesano said openings were plentiful in kitchens throughout South Beach “There were a lot for line cooks,’’ she said.
Juan Carlos Barrera, owner of downtown’s La Moon, said business has been brisk in recent years at the Colombian hot dog restaurant. Job applications? Not so much.
“This last year has been really hard to find workers,’’ he said. “Kitchen, management, deliveries, waitresses, hostessing — everything.”
Barton G. restaurants to pay more than $28,000 in back wages
To contact us Click HERE
Barton G. restaurants has agreed to pay $28,027 in back wages to 99 employees following investigations by the U.S. Department of Labor.The government found minimum wage, overtime and record-keeping violations of the Fair Labor Standards Act took place at all three of Barton G.’s Miami locations: Barton G. The Restaurant in South Beach, Prelude by Barton G. inside the Adrienne Arsht Center for the Performing Arts in Miami and The Villa By Barton G. in the former Versace Mansion.This is likely to be the first of several cases about to come down against South Beach restaurateurs.Investigators from the Department of Labor’s Miami office found violations including failure to properly pay tipped employees, such as servers and bartenders, for all hours worked. Payroll records and interviews show that many employees earned wages below the federal minimum of $7.25 per hour.Barton G. also failed to properly calculate and compensate tipped employees for all overtime hours beyond 40 hours per week. In addition, record-keeping violations meant some employees were paid a percentage of sales, which is a commission and not a tip.Following the investigations, Barton G. agreed to pay all back wages, change its payroll systems and maintain future compliance with the federal law.Owner Barton G. Weiss said any errors were not intentional, but simply computerized calculation errors.“If we were wrong, we were wrong,” Weiss said. “I’ll take the hit for it. They came up with a number and I agreed to pay.”
Comment by Lowell J. Kuvin, Esq.
However, what the article does not say is that the employees who were not paid correctly have a choice of accepting what DOL thinks they are owed, or, hiring a law firm to recover their lost wages. What is the difference? A law firm such as the Law Office of Lowell J. Kuvin, LLC can ask the court for the wages you are owed as well as an equal amount in liquidated damages, while DOL will not. To put it another way, if you are owed $350 in unpaid wages, we ask for $700 plus attorney fees and costs. In my opinion, if a person gets caught walking out of a store without paying for an item, you shouldn't be allowed to just pay for the item, and walk away. What would keep you from doing the same thing again and again?
Contact us today for a free assessment of your case.
Read more here: http://www.miamiherald.com/2012/05/01/2778187/barton-g-restaurants-to-pay-more.html#storylink=cpy
BY ELAINE WALKER
EWALKER@MIAMIHERALD.COM
Barton G. restaurants has agreed to pay $28,027 in back wages to 99 employees following investigations by the U.S. Department of Labor.The government found minimum wage, overtime and record-keeping violations of the Fair Labor Standards Act took place at all three of Barton G.’s Miami locations: Barton G. The Restaurant in South Beach, Prelude by Barton G. inside the Adrienne Arsht Center for the Performing Arts in Miami and The Villa By Barton G. in the former Versace Mansion.This is likely to be the first of several cases about to come down against South Beach restaurateurs.Investigators from the Department of Labor’s Miami office found violations including failure to properly pay tipped employees, such as servers and bartenders, for all hours worked. Payroll records and interviews show that many employees earned wages below the federal minimum of $7.25 per hour.Barton G. also failed to properly calculate and compensate tipped employees for all overtime hours beyond 40 hours per week. In addition, record-keeping violations meant some employees were paid a percentage of sales, which is a commission and not a tip.Following the investigations, Barton G. agreed to pay all back wages, change its payroll systems and maintain future compliance with the federal law.Owner Barton G. Weiss said any errors were not intentional, but simply computerized calculation errors.“If we were wrong, we were wrong,” Weiss said. “I’ll take the hit for it. They came up with a number and I agreed to pay.”
Comment by Lowell J. Kuvin, Esq.
However, what the article does not say is that the employees who were not paid correctly have a choice of accepting what DOL thinks they are owed, or, hiring a law firm to recover their lost wages. What is the difference? A law firm such as the Law Office of Lowell J. Kuvin, LLC can ask the court for the wages you are owed as well as an equal amount in liquidated damages, while DOL will not. To put it another way, if you are owed $350 in unpaid wages, we ask for $700 plus attorney fees and costs. In my opinion, if a person gets caught walking out of a store without paying for an item, you shouldn't be allowed to just pay for the item, and walk away. What would keep you from doing the same thing again and again?
Contact us today for a free assessment of your case.
Read more here: http://www.miamiherald.com/2012/05/01/2778187/barton-g-restaurants-to-pay-more.html#storylink=cpy
AT&T to pay Muslim woman $5M in harassment case
To contact us Click HERE
KANSAS CITY, Mo. (AP) — A former Kansas City woman who converted to Islam in 2005 said she was harassed for years at AT&T, and that the abuse boiled over in 2008 when her boss snatched her head scarf and exposed her hair.
A Jackson County jury on Thursday awarded Susann Bashir $5 million in punitive damages in her discrimination lawsuit, along with $120,000 in lost wages and other actual damages.
The Kansas City Star reported Saturday the award appears to be the largest jury verdict for a workplace discrimination case in Missouri history.
Bashir said in court documents that her work environment became hostile immediately after she converted, with her co-workers making harassing comments about her religion and referring to her hijab as "that thing on her head."
"I was shocked. I thought, 'What is going on?'" she told the newspaper. "Nobody ever cared what I wore before. Nobody ever cared what religion I was before."
Bashir worked at AT&T's office in Kansas City for 10 years as a fiber optics network builder before being fired from her $70,000-a-year job. She claimed she endured religious discrimination nearly every day of the final three years she worked there, including being asked if she was going to blow up the building and being called a "towelhead" and a terrorist.
AT&T said Friday it disagrees with the verdict and plans to appeal.
Despite the jury's award, Bashir stands to receive much less than $5 million because Missouri law caps such awards at five times the actual damage amount, plus attorney fees.
Amy Coopman, Bashir's lawyer, said attorney fees will be determined later by the judge.
The previous largest such verdict came in 2009, when Mohamed Alhalabi, an Arab-American Muslim, was awarded $811,949 in St. Louis County Circuit Court in a case against the Missouri Department of Natural Resources.
That same year, a Jonesboro, Ark., jury ordered AT&T to pay $1.3 million to two former employees fired for attending a Jehovah's Witnesses convention.
Bashir said she called an employee help line in March 2005 and asked the company to provide sensitivity training for her co-workers.
"It was a worthless call," she said. "Nothing ever changed."
The harassment continued and in March 2008, the Equal Employment Opportunity Commission launched an investigation after she filed a complaint.
She said that made some workers angry and led to the final encounter with her boss.
Bashir said she became so stressed out that she couldn't return to work. She asked that her boss be removed or that she be transferred, but neither happened.
She was fired after not returning to work for nine months.
"By firing me, they stole my ability to work at a job I liked," Bashir said.
She said the incident was hard on her mentally and physically and tore her family apart. She is going through a divorce, and in October she and her daughter moved to Anchorage, Alaska, where she works as an apartment manager.
"I have mixed feelings," Bashir said. "I'm happy not to be reporting to that management structure. But it's hard in this economy to find a job with that level of compensation. I didn't want to lose my job, because I felt I was doing good work."
KANSAS CITY, Mo. (AP) — A former Kansas City woman who converted to Islam in 2005 said she was harassed for years at AT&T, and that the abuse boiled over in 2008 when her boss snatched her head scarf and exposed her hair.A Jackson County jury on Thursday awarded Susann Bashir $5 million in punitive damages in her discrimination lawsuit, along with $120,000 in lost wages and other actual damages.
The Kansas City Star reported Saturday the award appears to be the largest jury verdict for a workplace discrimination case in Missouri history.
Bashir said in court documents that her work environment became hostile immediately after she converted, with her co-workers making harassing comments about her religion and referring to her hijab as "that thing on her head."
"I was shocked. I thought, 'What is going on?'" she told the newspaper. "Nobody ever cared what I wore before. Nobody ever cared what religion I was before."
Bashir worked at AT&T's office in Kansas City for 10 years as a fiber optics network builder before being fired from her $70,000-a-year job. She claimed she endured religious discrimination nearly every day of the final three years she worked there, including being asked if she was going to blow up the building and being called a "towelhead" and a terrorist.
AT&T said Friday it disagrees with the verdict and plans to appeal.
Despite the jury's award, Bashir stands to receive much less than $5 million because Missouri law caps such awards at five times the actual damage amount, plus attorney fees.
Amy Coopman, Bashir's lawyer, said attorney fees will be determined later by the judge.
The previous largest such verdict came in 2009, when Mohamed Alhalabi, an Arab-American Muslim, was awarded $811,949 in St. Louis County Circuit Court in a case against the Missouri Department of Natural Resources.
That same year, a Jonesboro, Ark., jury ordered AT&T to pay $1.3 million to two former employees fired for attending a Jehovah's Witnesses convention.
Bashir said she called an employee help line in March 2005 and asked the company to provide sensitivity training for her co-workers.
"It was a worthless call," she said. "Nothing ever changed."
The harassment continued and in March 2008, the Equal Employment Opportunity Commission launched an investigation after she filed a complaint.
She said that made some workers angry and led to the final encounter with her boss.
Bashir said she became so stressed out that she couldn't return to work. She asked that her boss be removed or that she be transferred, but neither happened.
She was fired after not returning to work for nine months.
"By firing me, they stole my ability to work at a job I liked," Bashir said.
She said the incident was hard on her mentally and physically and tore her family apart. She is going through a divorce, and in October she and her daughter moved to Anchorage, Alaska, where she works as an apartment manager.
"I have mixed feelings," Bashir said. "I'm happy not to be reporting to that management structure. But it's hard in this economy to find a job with that level of compensation. I didn't want to lose my job, because I felt I was doing good work."
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