From recent Quad-City Times commentary - 'Independents MIA in Iowa Q-C,' there seems to be some confusion as to what SuperLiberty is. Started in December 2008 as a local, non-partisan, Liberty alliance, we promote all groups who support liberty.

We favor no party over another. We are neither Republican nor Democrat, Right nor Left, Conservative nor Liberal. In fact the American two-party monopoly perpetuates a false issue-based division amongst the people and helps to prevent us from uniting under the common cause of personal Liberty.

Our group acts first and foremost to unite all local, state and national Liberty-minded groups on the local level where effective change can take place. We provide our website as a tool for any organizers who wish to keep in touch with their members in the Quad-City area. We have a start-up kit available to anyone who wishes to organize a similar alliance. Secondly, SuperLiberty acts as an educational and political force to mold our local governments into Liberty-protecting forces as they originally were intended and as the law requires.

I helped start the local tea party, but I am also an ACLU member and support the Occupy movement. It can seem confusing, since we don't identify ourselves by party, but rather by issues and principles.
We find the commonality of various factions in order to create positive change for the future of our society. We are opposed to legalized plunder of people's property which is where we come at odds with folks like Mayor Gluba (witness his Communist-inspired rant at the Occupy event: "We need to redistribute wealth" and "...if the private sector can't provide jobs, the public sector should.") When we helped defeat Davenport Promise, he called us "Cultist libertarian nutcases." video link we made is here - http://www.youtube.com/watch?v=kyyaWAari-U

Our core members also started Iowans for Accountability - the first Non-Party Politcal Organization in the history of Scott County. We promote the ideals of the Fully Informed Jury Association (seen us at the Courthouse?)

If you believe in personal Liberty - the ability to exercise your natural rights originating from our creator - join us at www.SuperLiberty.com/

For Liberty,
Michael D. Elliott
Davenport, IA
October, 25, 2011

Senate Judiciary Committee Ranking Member Chuck Grassley made the following statement after the Federal Trade Commission (FTC) released a staff report that found drug companies entered into 28 potential pay-for-delay deals between October 1, 2010 and September 30, 2011.

Grassley, along with Senator Herb Kohl of Wisconsin, is the author of legislation that would end these settlements between generic and brand name drug companies that keep more affordable generics off the market.  The senators also sent a letter to the Deficit Reduction Committee encouraging them to use their legislation as a cost-saving measure.   The Congressional Budget Office estimated that the Grassley-Kohl bill will save the federal government - which pays approximately one-third of all prescription costs - $2.68 billion over ten years.  The Federal Trade Commission estimates that ending these settlements would save consumers who pay for prescription drugs through private insurance or on their own $3.5 billion per year.   The Washington Post also editorialized about the issue today.

Here's Grassley's comment.

"The pay-for-delay tactics employed by brand name and generic drug companies only benefit those companies that engage in such settlements.  It hurts consumers who don't have access to affordable medications, and it hurts taxpayers who pay for prescription drugs in both Medicare and Medicaid.  The FTC's study shows a remarkable continuation of a practice that puts the interests of drug companies above the interests of consumers.  No one has to engage in such deal making at the expense of consumers, and it's time to put an end to it."

According to the FTC staff report, companies reached 156 final patent settlements in fiscal 2011, and 28 of those settlements contained a payment to a generic manufacturer which restricted the generic company's ability to market its product. The FTC went on to say that "Of those 28 settlements, 18 involved generics that were so-called 'first filers,' meaning that they were the first to seek FDA approval to market a generic version of the branded drug, and, at the time of the settlement, were eligible to exclusively market the generic product for period of time." The FTC press release explains that "Because of the regulatory framework, when first filers delay entering the market, other generic manufacturers can also be blocked from entering the market, which makes such patent settlement deals particularly harmful to consumers."

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The Scott County I-Club along with the Children's Therapy Center are co-hosting the Iowa vs. Minnesota game from noon to 7 p.m. Saturday at Modern Woodmen Park in Davenport. 

Watch the game on big-screen televisions, take part in the silent auction and giveaways, and enjoy some food and drink.  Some former Iowa football players will also be on hand.

The cost is $15 per person and that includes certificates good for food and drink and also purchases at the Black & Gold store.

Advance tickets are availabe at the Village Corner Deli, 1030 Mound Street, Davenport, at the Black & Gold store, 102 East Kimberly Road, Davenport, from Scott County I-Club board members or by calling Karole Snyder at 563-391-5287.

SAFETY:

Halloween is one of the most exciting holidays for children because they can dress up in elaborate costumes and act out of character. However, as the sun goes down and trick-or-treaters start roaming the streets of your neighborhood, there are several things to worry about as a parent or guardian. Potentially hazardous costumes or accessories, tainted candy and crossing the street at night without supervision are only a few concerns that should be addressed prior to a child leaving the house.

Children ages 5-14 are four times more likely to be killed while walking on Halloween evening compared with other evenings of the year. Falls are the leading cause of injuries among children on Halloween. Halloween is a fun time for children, but it also is an important time to be extra vigilant for possible safety hazards?so that your children have a fun and safe Halloween.

Beverly Losman, with Children's Healthcare of Atlanta and Safe Kids Georgia offers these tips to parents who want to make this a safe Halloween:

  • Avoid costumes with excessive flowing fabric, such as capes or sleeves. Loose clothing can easily brush up against a jack-o-lantern or other open flame, causing your child's costume to catch on fire.
  • Make sure your child's costume fits properly. Oversized costumes and footwear, such as clown or adult shoes, can cause your child to trip and fall, bringing them home with more scrapes and bruises than candy. Avoid wearing hats that will slide over their eyes.
  • Accessorize with flexible props, such as rubber swords or knives. Inflexible props can cause serious injury in case of a fall.
  • Apply face paint or cosmetics directly to the face, and make sure it is non-toxic and hypoallergenic. A loose-fitting mask can obstruct a child's vision. If a mask is worn, be certain it fits securely. Cut the eyeholes large enough for full vision.
  • If possible, choose a brightly colored costume that drivers can spot easily. If not, decorate his costume with reflective tape and stickers.
  • Always supervise children under the age of 13. Older children should trick-or-treat in a group, and a curfew should be established for them. Attach the name, address and phone number (including area code) of children under age 13 to their clothes in case they get separated from adults. Have each child carry a cell phone or some loose change in case they need to call home or get lost.
  • Children should only go to well-lit houses and remain on the porch within street view. Teach your child to cross the street only at crosswalks or intersections. Make sure he understands never to cross between parked cars and to always look both ways before crossing. Remind your child to stay on the sidewalk, if possible, and to walk facing traffic. Children should walk, not run, and avoid using shortcuts across backyards or alleys. Use flashlights when trick-or-treating in the dark.
  • Remind your child not to eat any treats before you have a chance to examine them thoroughly for holes and punctures. Throw away all treats that are homemade or unwrapped. To help prevent your children from munching, give them a snack or light meal before they go trick-or-treating.
  • Parents of food-allergic children must read every candy label in their child's Halloween bag to avoid a potentially life-threatening situation for the child.

 

*If you use any of these tips in your publication, please credit them to Children's Healthcare of Atlanta*

Bill would stop a scheduled end-of-year Medicare reimbursement cut to Iowa doctors

 

Washington, DC - Rep. Bruce Braley (IA-01) today introduced a bill to make sure Medicare reimbursement rates for physicians in Iowa and other rural states don't drop precipitously at the end of the year and endanger Iowans' access to doctors and high-quality medicine.

Legislation written by Braley and passed in 2010 ensures that doctors in Iowa and other rural states get paid by Medicare at rates closer to those of doctors in larger, more urban states.  The law is set to expire on December 31st, 2011.

Braley's Medicare Equity Extension Act, introduced today, extends the current reimbursement rates for an additional two years.  The legislation would help Iowa retain doctors and improve patient access to quality healthcare.

"It's funny math.  Medicare pays doctors based on geography, not quality of care," Braley said.  "Iowa doctors rank near the top in quality of care, but get penalized for their success since Medicare pays doctors more money in big states even if quality is lower.

 

"Doctors should have an incentive to provide good care.  Instead, there's an incentive to leave states like Iowa for bigger states with higher payment rates.

 

"The Medicare Equity Extension Act will stop Medicare from cutting payments to Iowa doctors, preventing a potential exodus of good physicians to other states and providing an incentive to doctors to provide the best care possible."

Medicare calculates reimbursements to physicians using two indexes that factor in the cost of doctors' labor and the cost of doctors' physical expenses like office space and equipment.  Because Medicare considers the cost of doing business in Iowa and other rural states to be low, this negatively impacts the amount doctors are reimbursed for their services.

Current law sets a floor on the indexes, and thus a floor on reimbursements, ensuring rural states' reimbursement rates more closely match large states'.  Those floors would expire on December 31st unless legislation is passed to extend them.  The Iowa Medical Society, among other groups, has urged an extension.

# # #

New report focuses on smoke alarm effectiveness

October 25, 2011 - In 2005-2009, roughly two-thirds of home fire deaths resulted from fires in properties without working smoke alarms, according to the report "Smoke Alarms in U.S. Home Fires," released by the National Fire Protection Association (NFPA). The report examines the number of reported fires in U.S. households with and without working smoke alarms, as well as the effectiveness of smoke alarms in preventing fire-related deaths.

"Working smoke alarms are essential in saving lives from fire," said Lorraine Carli, vice president of communications for NFPA. "We know you can have as little as three minutes to get out if you have a fire before it becomes deadly. The early warning provided by smoke alarms gives you extra time to escape."

Key findings from the report include :

•        The death rate per 100 reported fires was twice as high in homes without a working smoke alarm as it was in home fires with smoke alarm protection.

•        Out of all home fire deaths, 38 percent resulted from fires in which no smoke alarms were present.

•        Hardwired smoke alarms are more reliable than those powered solely by batteries.

•        Many homes do not have the protection recommended in recent editions of NFPA 72®, National Fire Alarm and Signaling Code, which requires interconnected smoke alarms in every bedroom, outside each sleeping area, and on every level of the home.

NFPA recommendations:

•          Install smoke alarms inside every bedroom, outside each sleeping area and on every level of the home, including the basement.

•          For the best protection, interconnect all smoke alarms so when one sounds they all sound.

•          Use both photoelectric and ionization smoke alarms or combination ionization and photoelectric alarms, also known as dual sensor alarms. An ionization smoke alarm is generally more responsive to flaming fires and a photoelectric smoke alarm is generally more responsive to smoldering fires.

•          Replace all smoke alarms every 10 years or sooner if they do not respond properly when tested.

•          Test all smoke alarms at least once a month by using the test button.

For more information on smoke alarms and safety tips, visit NFPA's website at www.nfpa.org/smokealarms.

Estimates in the report are based on data collected from fire departments and civilians that responded to the U.S. Fire Administration's (USFA) National Fire Incident Reporting System (NFIRS), and NFPA's National Fire Experience Survey.

About the National Fire Protection Association (NFPA)

NFPA is a worldwide leader in fire, electrical, building, and life safety. The mission of the international nonprofit organization founded in 1896 is to reduce the worldwide burden of fire and other hazards on the quality of life by providing and advocating consensus codes and standards, research, training, and education. Visit NFPA's website at www.nfpa.org for more information.

New Go4Life campaign focuses on fitness for older adults

Public-private effort led by NIH reaches out to Boomers, their parents

Being physically active is vital to maintaining health and independence as we age, and a new federal campaign for people 50 and older will help them to get active and keep going. Introduced today by the National Institutes of Health (NIH), the Go4Life campaign encourages sedentary older adults to reap health benefits by making physical activity part of their daily lives. Only 25 percent of people aged 65-74 say they engage in regular physical activity.

Go4Life was presented Oct. 19, 2011, at a briefing on exercise and aging on Capitol Hill, hosted by Herb Kohl, D-Wis., Chair of the Senate Special Committee on Aging and by Mark Udall, D-Colo., Senate Special Committee on Aging.

The briefing highlighted the public-private partnership central to the campaign?a Go4Life team that will work to bring the campaign into communities across the United States. The team includes NIH, other agencies in the U.S. Department of Health and Human Services, and national organizations, corporations, insurers, health care providers, and nonprofit organizations.

Go4Life's participating organizations will incorporate campaign resources into their own health and wellness activities, disseminating Go4Life web links and materials to their members, employees, and customers. Many partners will directly sponsor events or community activities aimed at engaging older adults in exercise and physical activity as the campaign moves forward.

The campaign was conceived, and is being led, by the National Institute on Aging (NIA), the component of NIH devoted to research on aging. The NIA will work with the Go4Life community on events and will highlight participating organizations and their activities on the campaign website.

"If we want to become a healthy and fit nation, we need to increase the number of Americans who are healthy at every stage of life," said U.S. Surgeon General, Regina Benjamin, M.D., M.B.A. "Go4Life provides older adults with the tools and resources to get moving and keep moving. With the release of the National Prevention Strategy, we are moving our health care system from a focus on sickness and disease to a focus on wellness and prevention."

The campaign developed from concerns that, despite proven health benefits, exercise and physical activity rates among older people are low. About 30 percent of people aged 45-64 say they engage in regular leisure-time physical activity. Only a quarter of those ages 65-74 say they do. And while experts say people age 85 and older, can benefit from exercise, only 11 percent of that age group report being active. At the same time, NIA noted, some older adults were contacting the Institute for guidance on kinds of exercises to do, indicating interest in becoming more active.

"You're never too old to increase your level of physical activity and exercise," says Richard J. Hodes, M.D., director of the NIA. "Go4Life is based on studies demonstrating the benefits of exercise and physical activity for older people, including those with chronic health conditions. This new campaign reaches out to older people who traditionally have not embraced exercise and shows them ways that even those with physical limitations may be able to exercise safely as well."

The research-based resources of Go4Life center on a colorful, interactive website (www.nia.nih.gov/Go4Life) providing information and motivation for exercise for individuals, families and friends, organizations, and health care professionals. The site features specific exercises, success stories, and free materials to motivate growing numbers of older people to start exercising and keep going. It even offers online virtual coaches to help motivate Go4Life participants. Many Go4Life materials are available in Spanish at http://go4life.niapublications.org/resources/spanish#espanol.

To develop Go4Life, NIA brought together some of the nation's leading experts on aging, exercise, and motivation. Over two years, the task force reviewed the research and worked with the institute to develop a book, "Exercise & Physical Activity: Your Everyday Guide from the National Institute on Aging." The campaign is based on the book.

Some specific benefits of exercise for health and aging include :

  • Fitness and cardiorespiratory health: In one study, moderately fit women and men had a 50 percent lower risk of type 2 diabetes, hypertension, coronary heart disease, obesity, and some cancers when compared with their low fit peers. High fit people obtained additional benefit, typically another 10-15 percent lower risk.
  • Reduced pain, better function with osteoarthritis: In a clinical trial of people age 60 and older with knee osteoarthritis, those who participated in an aerobic exercise or resistance exercise program reported less pain and better function than those in the group assigned to a health education program.
  • Preventing diabetes: Results from the NIH-sponsored Diabetes Prevention Program, which examines ways to prevent or delay the development of non-insulin-dependent diabetes, found that people over age 60 at high risk for diabetes reduced their risk by 71 percent by adopting a moderate exercise routine and a low-fat diet.

"An important part of active aging is being healthy and staying fit," says Assistant Secretary for Aging Kathy Greenlee, who heads the Administration on Aging at HHS. "I look forward to working with NIH and the growing number of campaign partners in the aging network to distribute to seniors around the country these tips on how to get active and stay active."

The NIA invites public and private organizations whose interests and activities involve health, aging and exercise to join the campaign. Agencies, organizations and companies on board as of today as initial Go4Life team members are:

Federal agencies:

  • Administration on Aging
  • Agency for Healthcare Research and Quality
  • Centers for Disease Control and Prevention
  • National Institutes of Health
    • National Center for Complementary and Alternative Medicine
    • National Heart, Lung and Blood Institute
    • National Institute of Arthritis and Musculoskeletal and Skin Diseases
    • National Institute of Diabetes and Digestive and Kidney Diseases
    • National Institute of Mental Health
    • National Institute of Neurological Disorders and Stroke
    • Office of Disease Prevention and Health Promotion, HHS
    • President's Council on Fitness, Sports & Nutrition

Private and nonprofit organizations:

  • Alliance for Aging Research
  • America On the Move Foundation, Inc.
  • American College of Sports Medicine
  • American Federation for Aging Research
  • American Geriatrics Society
  • American Library Association
  • American Medical Association
  • American Occupational Therapy Association
  • American Physical Therapy Association
  • American Psychological Association
  • America's Health Insurance Plans
  • CenturyLink
  • Easter Seals
  • Erickson Living/Greenspring
  • Gerontological Society of America
  • Humana Inc.
  • International Council on Active Aging
  • Jewish Community Centers Association of North America
  • National Association of Area Agencies on Aging
  • National Association of States United for Aging and Disabilities
  • National Council on Aging
  • National Recreation and Park Association
  • National Senior Health & Fitness Day (Mature Market Resource Center)
  • OASIS
  • Sunrise Senior Living
  • U.S. Chamber of Commerce
  • Volunteers of America
  • Year of Vitality Cleveland
  • YMCA of the USA

For further information on the public and private support of the Go4Life initiative, please visit www.nia.nih.gov/Go4Life.

The NIA leads the federal government effort conducting and supporting research on aging and the health and well-being of older people. The Institute's broad scientific program seeks to understand the nature of aging and to extend the healthy, active years of life. For more information on research, aging, and health, go to www.nia.nih.gov.

About the National Institutes of Health (NIH): NIH, the nation's medical research agency, includes 27 Institutes and Centers and is a component of the U.S. Department of Health and Human Services. NIH is the primary federal agency conducting and supporting basic, clinical, and translational medical research, and is investigating the causes, treatments, and cures for both common and rare diseases. For more information about NIH and its programs, visit www.nih.gov.

Go4Life is a registered trademark of the U.S. Department of Health and Human Services.

ROCK ISLAND, IL (10/25/2011)(readMedia)-- Augustana College choral ensembles' work with local and regional high school choirs culminate in two separate concerts this week. Both concerts are free and open to the public.

From your area this includes:

Kaleigh Wall, a Junior from Eldridge, Ill., majoring in Art.

Lauren Reid, a Senior from Sherrard, Ill., majoring in Business Administration- Marketing/Communication Studies.

Rickey Rector, a Junior from Davenport, Iowa, majoring in Communication Sciences and Disorders.

On Thursday, October 27, at 7 p.m., the Treble Choir Outreach Concert will feature Augustana's Jenny Lind Vocal Ensemble and the UT Singers of United Township High School. The concert will be held in Ascension Chapel (639 38th St.) on the Augustana campus.

United Township High School Choral Director Juliet Minard, a 1998 alumna of Augustana, is excited to bring her women's group to the college and share this experience with the Jenny Lind Vocal Ensemble and director Dr. Michael Zemek. The two choirs will work together during the afternoon with both directors, preparing two joint choir selections for the evening concert.

Dr. Zemek believes both ensembles "have something to learn from one another...by listening to one another and ultimately performing together, we hope to grow and expand our understanding of how choral music can be used to bring people together in meaningful ways." He sees this as a great opportunity for members of the Jenny Lind Vocal Ensemble to model not only treble singing but also the value of singing in a choral ensemble. He hopes the United Township students leave "challenged and inspired to higher levels of musicianship and the desire to continue singing beyond high school."

On Friday, October 28, at 8 p.m., the Augustana Choir Fall Honors Choir Concert will feature the Augustana Choir under the direction of Dr. Jon Hurty, in addition to the Plainfield North High School Concert Choir and Lake Zurich High School Concert Choir. The concert will be held in Centennial Hall (3703 7th Ave.). The two high school choirs will spend the day working on choral music and technique with Dr. Hurty and Dr. Zemek as well as rehearsing with the Augustana Choir.

The evening concert will offer a diverse and eclectic program of choral music. The selection "In Remembrance," to be sung by the combined choirs, was programmed in memory of the 9/11 tragedy and its 10th anniversary this fall. The Augustana Choir will include an improvisation as part of its program-an offering that has become signature to the group. Hurty is "excited about trying this new format of combined performance and outreach" and looks forward to working with these top high school choirs from the region.

In Letter to HHS Secretary Sebelius, Senators ask why CMS is not utilizing tools in new health law to safeguard program

WASHINGTON -In a letter today, the top Republicans on the Senate Finance and Judiciary Committees, U.S. Senators Orrin Hatch (R-Utah) and Chuck Grassley (R-Iowa), asked Health and Human Services Secretary Kathleen Sebelius why the Centers for Medicare and Medicaid Services (CMS) is not utilizing some of the tools provided within the Patient Protection and Affordable Care Act (PPACA) to safeguard the Medicare program from waste, fraud and abuse.

Under PPACA, CMS can impose a temporary enrollment moratorium on new Medicare providers and suppliers when the agency determines that there is a significant potential for waste, fraud, or abuse by the applicant type or geographic area. While the final rule for this regulation was published more than eight months ago, CMS has failed to impose a single temporary moratorium. Today, the Department of Justice (DOJ) and the HHS-OIG are operating strike force initiatives in seven States (California, Florida, Illinois, Louisiana, Michigan, New York, and Texas), including Miami, Florida.  All of these areas, particularly Miami, have historically been vulnerable to Medicare fraud and are high risk areas for programmatic vulnerability. However, to date, CMS has failed to exercise its authority to protect against fraud. The National Health Care Anti-Fraud Association has estimated that as much as $60 billion is lost to fraud, waste and abuse across the Federal health care programs.

"It is deeply disconcerting that CMS has failed to act in the best interest of the American taxpayers and Medicare beneficiaries and prevent fraud before it occurs by exercising its moratoria authority," wrote the Senators.  "It is not reasonable to suggest that CMS needs more time to study whether there is need to impose a temporary moratoria in certain geographical areas for certain provider and supplier types when ample evidence exists from the strike force activities to justify moratoria in these high fraud areas."

The text of the letter to Secretary Sebelius is below and a signed copy can be found HERE:

October 25, 2011

The Honorable Kathleen Sebelius
Secretary
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201

Dear Secretary Sebelius:

As the Ranking Members of the Senate Finance and Judiciary Committees, we are writing to request that as Secretary of the Department of Health and Human Services (HHS), you exercise the discretionary authority granted to you through Section 6401(a)(6) of the Patient Protection and Affordable Care Act (PPACA) regarding the imposition of temporary moratorium on the enrollment of new providers and suppliers.  Specifically, we urge you to determine why the Centers for Medicare & Medicaid Services (CMS) is failing to use this tool provided in PPACA to prevent waste, fraud and abuse.

On February 2, 2011, CMS published a final rule with comment entitled, "Medicare, Medicaid, and Children's Health insurance Programs (CHIP); Additional Screening Requirements, Application Fees, Temporary Enrollment Moratoria, Payment Suspensions and Compliance Plans for Providers and Suppliers" in the Federal Register. In part, this regulation allows CMS to impose a temporary enrollment moratorium on new Medicare providers and suppliers when CMS determines that there is a significant potential for fraud, waste or abuse with respect to a particular provider or supplier type, geographic area or both.

Today, more than year after the publication of a proposed rule and more than 8 months after publishing the aforementioned final rule with comment, CMS has still not imposed a single temporary moratorium.  In addition, despite a specific recommendation by the HHS Office of the Inspector General (HHS-OIG) to impose a temporary moratorium on independent diagnostic testing facilities in Los Angeles, California, CMS refused.

Additionally, the Department of Justice (DOJ) and the HHS-OIG are operating strike force initiatives in seven States (California, Florida, Illinois, Louisiana, Michigan, New York, and Texas), including Miami, Florida.  All of these areas, particularly Miami, have historically been vulnerable to Medicare fraud and are high risk areas for programmatic vulnerability.  Therefore, it is deeply disconcerting that CMS has failed to act in the best interest of the American taxpayers and Medicare beneficiaries and prevent fraud before it occurs by exercising its moratoria authority in some of these areas.  It is not reasonable to suggest that CMS needs more time to study whether there is need to impose a temporary moratoria in certain geographical areas for certain provider and supplier types when ample evidence exists from the strike force activities to justify moratoria in these high fraud areas.  To better understand CMS's failure to act, please:

1.      Explain why CMS decided not to impose a temporary moratorium on independent diagnostic testing facilities (IDTFs) in Los Angeles, California despite the OIG recent recommendation and previous work by the OIG that indicated $71.5 million in improper payments to IDTFs.

2.      Explain what steps CMS is taking to address the concerns raised by the OIG with respect to IDTFs in Los Angeles, California.  Please include a detailed timeline.

3.      Explain why CMS has not imposed a temporary moratorium of "high" or "moderate" categorical risk providers/suppliers in HHS-OIG strike force cities or other high-risk areas.

4.      Explain why CMS decided not to impose a temporary moratorium for durable medical equipment suppliers in south Florida when Daniel R. Levinson, the Inspector General for HHS-OIG, stated in his March 9, 2011 Congressional Testimony that there is "rampant fraud" among durable medical equipment suppliers in south Florida.

5.      Describe the program changes that CMS is considering to strengthen the provider enrollment process for "moderate" and "high" screening risk providers and suppliers, such as IDTFs, home health agencies, and suppliers of durable medical equipment, orthotics, prosthetics, and supplies.

6.      Provide all materials used to develop and finalize the temporary moratorium provisions found in CMS-6028-P and CMS-6028-IFC.

7.      Consistent with 42 CFR 424.570(a)(2)(i)(A), provide a list of providers and suppliers with a highly disproportionate number of providers and suppliers in a category relative to the number of beneficiaries for each State.

8.      Consistent with 42 CFR 424.570(a)(2)(i)(B), provide a list of providers and suppliers and location (city and state) where a rapid increase in the number of enrollment applications has occurred within the past twelve months.

9.      Consistent with 42 CFR 424.570(a)(2)(ii), provide a list of State Medicaid programs who have imposed a moratorium on a group of Medicaid providers or suppliers that are also eligible to enroll in Medicare.

10.  Consistent with 42 CFR 424.570(a)(2)(iii), provide a list of State-imposed moratoria on enrollment in particular geographic areas or on a particular providers, supplier types, or both.

We understand that we are requesting a substantial amount of information, but appreciate your understanding Congress' role in overseeing that taxpayer dollars are carefully spent. Thank you for your timely attention to this matter and we request a response by December 2, 2011.

Sincerely,

HATCH
GRASSLEY

cc: Administrator Donald Berwick, M.D., Centers for Medicare & Medicaid Services
Principal Deputy Administrator and Chief Operating Officer Marilyn Tavenner, Centers for Medicare & Medicaid Services

###

Sens. Franken, Grassley, Lead Bipartisan Group in Pressing for Investigation of Mobile Phone "Stalking Apps" that Allow Abusers to Secretly Track Victims

Senators Ask Department of Justice, Federal Trade Commission to Look Into Legality of Apps

WASHINGTON, D.C.?Today, U.S. Sens. Al Franken (D-Minn.) and Chuck Grassley (R-Iowa) led a bipartisan group of Senators in calling on key federal agencies for an investigation into mobile phone "stalking apps."  The apps are designed to allow domestic abusers and stalkers to secretly track a victim's movement and location, read a victim's email and text messages, or listen to a victim's phone calls?all without the victim's knowledge or consent.

Sens. Franken and Grassley wrote a letter to the Federal Trade Commission and the Department of Justice and urged the agencies to determine whether such apps are legal under current law. The letter was also signed by Sens. Amy Klobuchar (D-Minn.), John Cornyn (R-Texas), Richard Blumenthal (D-Conn.), Lindsey Graham (R-S.C.), Sheldon Whitehouse (D-R.I.), Charles Schumer (D-N.Y.) and Dianne Feinstein (D-Calif.).

"Stalking apps are dangerous," the Senators wrote in the letter. "We ask that you quickly determine if they are also illegal. If so, we ask that the Department of Justice and the Federal Trade Commission use their full force to investigate and prosecute those behind the development and marketing of these products for illegal stalking."

Stalking apps are directly marketed to individuals seeking to secretly track their spouses and intimate partners. "Worried about your spouse cheating?" one apps' website asked, offering the ability to "Track EVERY text, EVERY call and EVERY Move They make Using our EASY Cell Phone Spy Software." Other apps make similar claims, telling users that they can "track her movements throughout the day" or even "tap her actual phone call." According to 2006 Bureau of Justice Statistics data, some 26,000 Americans are victims of GPS stalking annually, including by cell phone?although most advocates believe that number if considerably larger in 2011.

The letter cites an example of a victim from St. Louis County, Minnesota, who was tracked by her abuser through her smartphone during her trips to various county buildings to obtain an Order of Protection against him.  This example was drawn from testimony submitted by the Minnesota Coalition for Battered Women and the National Network to End Domestic Violence to the Senate Judiciary Subcommittee on Privacy, Technology and the Law, which Franken chairs.

You can read the full text of the letter below.

 

The Hon. Eric H. Holder, Jr.

Attorney General

Department of Justice

 

The Honorable Jon Liebowitz

Chairman

Federal Trade Commission

 

Dear Attorney General Holder and Chairman Liebowitz:

We are writing to express our urgent concern about the proliferation and use of so-called "stalking apps"?mobile apps for cell phones and smartphones that allow a domestic abuser or stalker to continuously and secretly monitor a victim's movements and whereabouts.  Based on 2006 data, the Bureau of Justice Statistics has estimated that more than 26,000 persons are victims of GPS stalking annually, including by cell phone.  Reports from advocates?and the boom in mobile technology?strongly suggest that this figure is much higher in 2011.  We ask that your agencies investigate whether the developers and distributors of stalking apps are in compliance with all applicable federal criminal and consumer protection laws.

In testimony submitted for a May 2011 hearing before the Senate Judiciary Subcommittee on Privacy, Technology and the Law, the Minnesota Coalition for Battered Women and the National Network to End Domestic Violence recounted the disturbing experience of a Minnesota woman who was stalked through her smartphone:

In a recent case in Northern St. Louis County, MN, an advocate reported that a woman who entered the domestic violence program located within a county building received a text message from her abuser within five minutes of entering the building. The abuser asked why she was in the county building. The woman was extremely frightened and the advocate helped her obtain an Order for Protection (OFP) at the local courthouse. After filing the OFP, the woman received another text message asking why she went to the courthouse and if she was filing an OFP against him. The only device the woman had on her was her smart phone and they later concluded that her abuser was tracking her via a location tracking application or service on her phone.

This excerpt reflects just one example of numerous cases of stalking through mobile devices.

Stalking applications are widely available and simple to install, usually by a spouse or intimate partner.  Anyone who leaves their mobile phone alone for five minutes could have stalking software installed without their knowledge. See Ben Goldacre, "How I Stalked My Girlfriend," The Guardian (Jan. 31, 2006).  Once installed, stalking apps can allow an abuser to listen to his victim's phone calls, read her emails and text messages, and track her real-time GPS location?entirely without the victim's knowledge or consent.

These apps are openly marketed to individuals who are trying to stalk or "spy" on an unwitting victim.  "Worried about your spouse cheating?" one app's website asks.  "Track EVERY text, EVERY call and EVERY Move They make Using our EASY Cell Phone Spy Software." Another app brags that its software will "turn a mobile into a secret gps [sic] tracking device." Still another site advertises that it will allow a user to "[t]rack her movements throughout the day," "[k]now what number she is calling or receiving," and even "tap her actual phone call."

Location-based services (LBS) offer consumers numerous benefits.  They help users navigate commutes and avoid traffic, help locate lost or stolen wireless devices, and also help parents keep track of their families.  Indeed, most major wireless carriers offer their customers legitimate services that allow them to track the locations of the users of their calling plans?especially minor children.  While these services can be abused by individual customers, all major carriers take precautions pursuant to voluntary industry guidelines to notify a wireless user that he or she is being tracked through one of these services.

In contrast, stalking apps abuse and misuse LBS to affirmatively facilitate stalking.  Indeed, these apps are designed to run secretly on a victim's phone and are actually marketed to abusers as being "undetectable."  While many of these apps also advertise themselves as a mechanism for parents to keep tabs on their minor children, their design and marketing suggests that this is an attempt to legitimize an otherwise suspect activity.  We believe that in most cases, stalking apps' intrusion into victims' privacy and their potential for abuse will far outweigh any legitimate purpose that these apps may serve.

Stalking apps are dangerous.  We ask that you quickly determine if they are also illegal.  If so, we ask that the Department of Justice and the Federal Trade Commission use their full force to investigate and prosecute those behind the development and marketing of these products for illegal stalking.

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