Is the media finally catching on to the Bush administration’s campaign to weaken the rights of consumers to seek compensation for injuries from faulty products? Maybe. A few outlets picked up on Alicia Mundy’s Wall Street Journal piece about the administration’s attempts to do an end around Congress and the Courts in its effort to undermine consumer protections in state courts.
Bush administration officials, in their last weeks in office, are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.
The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. The latest changes cap a multiyear effort that could be one of the administration’s lasting legacies, depending in part on how the underlying principle of pre-emption fares in a case the Supreme Court will hear next month.
Coincidently, the National Highway Traffic Safety Administration issued a new regulation today that seeks to immunize school bus manufacturers who comply with federal standards from liability for personal injury caused by faulty products.
Public Citizen attorneys have been out front on this issue, arguing against the concept of federal pre-emption in the courts, including the U.S. Supreme Court. Public Citizen President Joan Claybrook commented last week on the Bush attack on consumer rights.
How many times is NHTSA going to show its disdain for consumers? . . . The fear of lawsuits is one of the greatest incentives automakers have to build stronger and safer vehicles. For NHTSA to suggest that automakers should have blanket immunity from consumer liability lawsuits means that more defective vehicles will be manufactured, fewer will be recalled, the public will have less information about injury causation and more families will needlessly lose loved ones on our roads each day.
Les Weisbrod made a similar comment about the dangers of the administration’s actions in the Huffington Post:
We only need to look at the recent recalls of spinach, toys with lead, meat, pet food, and toothpaste to know the government alone cannot ensure all drugs, food, and other consumer products are safe. Preemption not only gives corporations an escape from misconduct, but takes away the incentive for manufacturers to compete with one another to make products safer.
Kia Franklin and Justinian Lane put up several great posts about pre-emption today at Tort Deform.
1998 Clinton Health Care Fraud and Abuse Control Program ~ ALLOWED to continue, still pending RICO and HIPAA Violations through 2008
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ILLEGAL IMMUNITY
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Systematic Deprivations to force illegal kickback conversions into other federal programs
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Preditory Practice ~ Health Care Fraud: Victims BY the Government ~ Criminal & Financial Misconduct: T18CFR286CRIME ~ T18CFR371CRIME – Color of Law ~ Willfully failed to keep an individual from harm ….
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DHHS OIG News Release 21 Oct 1998
VOLENTARY DISCLOUSURE of Health Care Fraud
For Immediate Release Contact: ……………Judy Holtz (202) 619-0893
Wednesday, October 21,1998 ……………….Ben St.John (202) 619-1028
The ( DHHS OIG ) Department of Health and Human Services’s Office of Inspector General ( OIG ) today unveiled an expanded and simplified PROGRAM For ( Federal ) Health Care Providers to ‘Volentarily Report’ ( internal control / self-audit T42CFR417.1 adverse determination, grievance procedure: misprison of a felony / anti-dumping violation ) Fraudulent Conduct Affecting [ Entitled Individuals ] HCFA Medicare/Medicaid, and other ( OPM FEHBP,TRICARE,CHAMPVA ) Federal health care programs. The [ Federal ( OPM FEHBP T5CFR890.105 denial of covered claims: anti-dumping violation \felony ) HMO Contract ] Provider will have the option of doing ‘SELF-audit’ [ DHHS misprison of a felony T42CFR417 Anti-dumping violation ] in conformance ‘with OIG’.
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Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to ALLOW officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees.
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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
Chambers of Honorable George Caram Steeh
United States District Judge
Theodore Levin United States Courthouse
231 West Lafayette Blvd. – room 235
Detroit, Michigan 48226
The Honorable George C. Steeh was APPOINTED United States District Judge in 1998 by President CLINTON.
Case # 03-75161 — filed December 30, 2003
Regarding: T5CFR890.105 illegal denial of covered T42CFR409.33 Hospital Insurance Claims – Judicial Review
. The lawsuite was dismissed by the District Court, SUA SPONTE, for amoung other things Lack of JURISDICTION ~ JANUARY 2004 Illegal Immunity ~ This Judge also claimed the lawsuite T5CFR890.105 illegal denial of COVERED post-hospital services, resulting in death of a federal beneficiary, was without merrit and Frivolous to continue to ALLOW and Conceal Federal Hospital Insurance Fraud and Abuse, targeting Entitled Individuals T42CFR417.1 with Federal HMO Hospital Insurance SERVICE Contract Provider: Health Alliance Plan, Detroit CITE: 42CFR438.704 adverse determination/denial of Post-Hospital Services. ~ Willfully failed to keep an individuals from harm …. Color of LAW
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H.R.4571 SENSENBRENNER – June 15, 2004 – the following bill; which was referred to the Committee on the Judiciary – This Act may be cited as the `Lawsuit Abuse Reduction Act of 2004′ ~ a bill that would require judges to fine lawyers who file cases [ T5CFR890.105 illegal denial of Covered OPM FEHBP T42CFR409.33 Post Hospital Extended Care Services, resulting in serious bodily injury and death of Elderly Hospitalized, Entitled Individuals with Federal HMO Policies ~ illegal immunity T18CFR371CRIME ] that are dismissed as “frivolous.” ~ Willfully failed to keep an individual from harm ..
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2007 — H.R. 3199 – USA PATRIOT Conference Report ( SENSENBRENNER – Judiciary) (Subject to a Rule) (Sec. 4) Requires the ATTORNEY GENERAL, on an ANNUAL BASIS [ 'ILLEGAL' IMMUNITY ], to submit to the House and Senate Judiciary Committees a report containing: (1) the Number of Accounts from which the Department of Justice (DOJ) has received VOLENTARY DISCLOUSURES [ 1998 DHHS OIG T42CFR417.1 misprison of felony T18CFR24Crimes ] of customer communications or records under provisions authorizing disclosure of the contents of electronic communications in Emergencies [ Federal Hospital Insurance Services ] INVOLVING IMMEDIATE DANGER OF DEATH OR SERIOUS PHYSICAL INJURY [ T42CFR417.1 DHHS Employee adverse determination: Anti-dumping Violations ]; and (2) a summary of the basis for voluntary disclosures to DOJ where the pertinent investigation was CLOSED WITHOUT the filing of CRIMINAL CHARGES ( 9-110.100 Racketeer Influenced and Corrupt Organizations (RICO) Willfully failed to keep an individual from harm …. 1998 DHHS OIG VOLENTARY DISCLOUSURE Program 42CFR438.704 misprison of felony T18CFR286CRIMES: ALLOWING ~ OIG, FBI & U.S. Attorneys to conduct Federal HMO Hospital Insurance & HCFA State Medicaid kickback fraud, against American Citizens – COLOR of LAW ~ illegal kickback conversions – Anti-Dumping Violations Consumer Fraud ) Contact – THOMAS (Library of Congress)
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Presidentially Appointed Inspectors General ~ EXECUTIVE
Health and Human Services, Department of
The Honorable Daniel Levinson, Inspector General
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[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices] [Page 4248-4249] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr24ja08-92]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Inspector General
Solicitation of Information and Recommendations for Revising the
Compliance PROGRAM guidance for Nursing Facilities [ T42CFR409.33 ]
AGENCY: Office of Inspector General (OIG), HHS.
ACTION: Notice.
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SUMMARY:
This Federal Register notice seeks the input and
recommendations of interested parties as OIG revises the compliance
PROGRAM guidance (CPG) for Nursing Facilities, Especially [ Targeting T42CFR417.1 HHS denial of covered claims ] those serving Medicare, Medicaid, and other [ OPM FEHBP, CHAMPVA,TRICARE ] Federal health care program [ ENTITLED Individual's ] Beneficiaries.
The nursing home industry has experienced a number of changes since OIG FIRST PUBLISHED a CPG in this area (65 FR 14289; March 16, 2000 ).
These guidances are DESIGNED [ T42CFR417.1 to coordinate Federal, State and Local Law Enforcement activities ~ T18CFR371CRIME ~ 1998 CLINTON ADMINISTRATION Health Care Fraud and Abuse Control Program ~ fraud by fright ~ RICO ~1996 HIPAA Violation ] to provide CLEAR DIRECTION and assistance to SPECIFIC sections of the health care industry that are interested in addressing compliance with Federal Health Care Program [ T42CFR409.33 ] requirements. The CPGs set forth OIG’s suggestions on how ‘PROVIDERS CAN’ most effectively establish ‘Internal Controls’ [ SELF-Audit T18CFR286CRIME ] and implement monitoring procedures [ T42CFR417.1 grievance procedures - misPrison of felony - anti-dumping violation ] to identify, correct, and prevent potentially Fraudulent Conduct.
OIG would appreciate specific comments, recommendations, and suggestions on risk areas for the nursing home industry, such as the submission of [ T42CFR417.1 Adverse Determinations ] FALSE CLAIMS, as well as QUALITY of CARE concerns, KICKBACKS, and accurate reporting of data to [ HCFA forced Medicaid conversions \ fraud by fright ] Medicare and Medicaid. Detailed justifications and empirical data supporting any suggestions would be appreciated.
Dated: January 16, 2008.
Daniel R. Levinson,
Inspector General.
[FR Doc. E8-1213 Filed 1-23-08; 8:45 am]
BILLING CODE ~~ 4150-04-P ……. criminal and financial misconduct T18CFR371CRIME.
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Open Letter to Health Care Providers (PDF)
(April 15, 2008)
Self-Disclosure Information
The OIG introduced the Provider Self-Disclosure Protocol (SDP) in 1998, see 63 Fed. Reg. 58,399, after a pilot project involving providers from selected sectors of the health care industry PROVED SUCCESSFUL [ Illegal Immunity ]. The SDP is intended to be a vehicle under which the provider community can voluntarily disclose self-discovered evidence of potential fraud in an attempt to avoid the costs and disruptions that may be associated with a Government-directed investigation and with civil or administrative litigation. OIG verifies the information contained in the provider’s submission and evaluates the matter for potential fraud issues. We endeavor to work cooperatively with providers who are forthcoming, thorough, and transparent in their disclosures in resolving these matters. While OIG does not speak for the Department of Justice or other agencies, we consult with those agencies, as appropriate, regarding the resolution of SDP matters. The documents posted below set forth the history of the SDP, the requirements for submissions under the SDP, and the benefits to providers of disclosing under the SDP.
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Sincerely,
All ENTITLED Federal Employee Health Beneficiaries [ OPM FEHB, TRICARE, HCFA Medicare\Medicaid, CHAMPVA ] and the General Public who are being criminally denied DHHS T42CFR417.1 Existing ( Federal \ State \ Private ) HMO Health Insurance Coverage, illegally billed for HMO denied covered claims and forced into HCFA State Medicaid Programs for the POOR.