Apartment Living in Richardson, Tx

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Looking for a new apartment in Richardson, Texas? Maybe you're just doing research on Richardson apartments and you're looking for rent information and area statistics. If so, you won't be disappointed. Renters looking for an apartment in Richardson can look send to many great neighborhoods and luxurious apartment communities to select from.

Richardson is a city in Collin and Dallas Counties. With an estimated citizen of 101,400 and a average age of 36 years, Richardson has something to offer anyone. Like many cities in the Dallas / Fort Worth Metroplex, the economic stability of Richardson is based in the strong employment shop of the city. Employers such as the Richardson Independent School District, At&T, Blue Cross & Blue Shield of Texas, Bank of America, Nortel Networks, Cisco Systems, and Rockwell Collins are major employers and/or have corporate headquarters placed within the city. Therefore, residents have many options for employment and have benefited from the opportunities ready and the average family household wage in Richardson is ,790. Just as prominent as employment opportunities to renters looking for their next home is the educational options for their family. Richardson residents are served by the Richardson Independent School District, except for the quantum of the city in Collin County, which is served by the Plano Independent School District. Also, Richardson was ranked 2nd in Texas by firm Week's "Best Places to Raise Kid's" yearly report.

Blueshield bluecross

Throughout the city of Richardson, there are a grand total of 50 apartment communities gift almost 11,223 private units for lease. These Richardson apartments come in a wide array of price ranges, with the average one bedroom apartment renting for 6 per month. If renters are looking for a two bedroom apartment in the Richardson area, new data suggests that the average rent is almost ,081 per month. For renters that may need more bedroom space, they will find the rent for a three bedroom apartment in Richardson averages around ,151 per month.

The best way for most renters to perfect these types of involved searches without expending a lot of time or resources is by using an apartment locator, a aid firm of licensed real estate brokers who specialize in acting as an intermediary in the middle of the apartment communities and apartment searchers, can not only save renters time, but can also ensure that they are aware of all of their options considering their personal apartment home criteria. Since renters are able to restrict their results as much or as minute as desired based on their personal criteria for choosing an apartment, they are able to save time and hassle in their hunt for a new apartment home.

Apartment Living in Richardson, Tx

The LuLac Edition #2046, May 6th, 2012

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We're 6 years old. 

 6 YEARS ON 

Six years ago today, the first “edition” of LuLac was published. In the time that has ensued, we have written over 2040 editions, had over 12,000 comments posted and have received various and sundry accolades, brickbats, threats, pats on the back, cheers, jeers, and anything you can think of in terms of descriptive sentences. A big thank you to Mrs. LuLac for everything she does to make this site a success. Another thank you to some people who have helped me technically through the years, Gort 42, my friend John Twardzik from Florida, Gene Werely from Auburn, Pa. and of course John Webster who in the infancy of this site walked me through some technical aspects. If there was an IT issue that Mrs. LuLac couldn’t solve, my nephew Todd Edwards provided an intelligent and quick fix that enabled the computer to keep on chugging along as well as the messages gong to what I refer to as my e mail machine. We must thank our readers and posters, our supporters and detractors, the various news organizations in the area we call LuLac land, the hard working investigative reporters in all segments of the media as well as those interested citizens willing to give us (the bloggers) tips. My thanks to fellow bloggers who fight the good fight every day. They have lifted the perception that bloggers are sluggish, thuggish and just people who rant without solutions. LuLac has evolved through the years from en educational forum on politics to a site where you can expect a formatted “edition” every day of news, politics and pop culture. There are more rants these days since many people in public life are torquing me off more. You would think with the multitude of scandals, some people would wise up. But certain politicians continue to move the line of good common sense as to what citizens would be willing to put up with. And while I admire their chutzpah, I will regularly decry their stupidity and bad judgement. The site has given me an opportunity to, in effect end up where I started in my career doing broadcast work at a few local stations. (WYOU and WYLN as well as appearances n WILK) I will always be grateful for that opportunity. LuLac has also helped me with my book sales and while technically there is no compensation for online blogging, that is also a good thing. One of the lessons I learned in my life is that success comes from a lot of things. Hard work, determination and creativity. But the underlying linchpin of all of those things is consistency. We plan to utilize that attribute without being regarded as stale or stodgy. But as always there will be a few surprises, some inspired by us and most by the people we write about. Moving forward, we plan to be here most every day, writing about the events of the day on a local, state, national and international level. Recognizing we are just a small speck in this huge atmosphere of on line punditry, we’ll do our best to give you an opinion along with historical perspective on who is governing our lives. Because of the times we live in and especially where we live, there will be no shortage of material. As my good friend Shadoe Steele is fond of saying, “you can’t make this stuff up”. 
On to year 7.

The LuLac Edition #2047, May 7th, 2012

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Greg Skrepenak in his NFL days. 

 BIG MAN-BIG STORY 

 Greg Skrepenak has always been a big man. With his athletic accomplishment, he also turned out to be a big story. Throughout his high school and college career, Skrepenak always was a big part of the media. When he made the transition into education and coaching after his playing career, that too got news coverage. His political career was fueled largely in part by his media presence and some say, media savvy. Skrepenak used his notoriety and name recognition to get himself elected as a Luzerne County Commissioner. In the primary of 2003, he battled better known and experienced politicians. Then in the general election, he and his running mate, Todd Vonderheid told the general public of Luzerne County to “trust them” and vote down Home Rule. Upon taking office in 2004, Skrepenak was in the news front and center. Everything he did, everything his family was involved in, got notice. When Skrepenak was charged with malfeasance in office, that was of course news. But now, Skrepenak is at the end of a long road and is coming to the end of his prison sentence. Last week, the media converged on a law office in Kingston to try and get Skrepenak to talk. Yet one of the conditions of his home confinement was to not talk to the media. Now I understand that any media person, directed by a news director.  would want to stand by just in case Skrep got a case of the “yaps”. In the summer of 2009, former Judge Mark Ciavarella was notorious for holding  impromptu press conferences which most likely in the end, got him harder time. By comparison, Skrep has not courted the media in this latest reincarnation of his very public life. The question then needs to be asked, how much media coverage is just enough? And why does it seem that Skrepenak has gotten the lion’s share of coverage for his jail release? When other felons have come home, there was nary a word. Some had small notices in the paper but none got the news coverage of Greg Skrepenak. Was it the fact that he was a County Commissioner? Or an NFL player? Believe me, I’m all for media coverage of anything to do with a scandal and the way said actor in scandal behaved. But is there a different standard set for Skrep? Skrep’s father blamed the media coverage for his son being sent to a halfway house. I don’t buy that. The feds can’t control the media, news directors and a reporter wanting to happen upon a story. Joe Valenti in Pittston Politics reported that Skrepenak was sent back to a half way house because he had lunch with a Duryea politico and when the duo got to their lunch place, it looked like a third district reunion of Demos past and present. If that’s why he was sent back, then that makes sense. But again the question has to be asked, why the coverage? Usually petty criminals and felons transition back into society under the cover of some type of forced anonymity. Their friends who were their friends in most cases are now shunning them. Most would be hard pressed to even have family wanting anything to do with them. Greg Skrepenak, once the most covered of media types in this area has not lost that mojo and magic. Even prison has not dimmed the curiosity and interest in the big guy. So we have to ask again, why do we care so much? And when others are released, will they too be followed like Skrep? If so, it seems to me that we are rewarding bad behavior with one of the most coveted titles our pop culture can bestow on anyone, with or without a record. Celebrity.

The LuLac Edition #2048, May 8th, 2012

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Mario Fiorucci addressing the attendees at his annual "State of the World" event in Sugarnotch.  (Photo: Times Leader)

STATE OF THE WORLD RECAP 

Mario Fiorucci has done it again. This past Sunday, the Sugarnotch official brought together a myriad of thinkers and presenters that gave their opinions on where civilization is headed. The event was not without fun and music at his sprawling estate on Main Street in the notch. The Times Leader's Ralph Nardone  reported on the event and here is part of what went on. “This is open to all people who wish to speak,” Fiorucci said. Speakers included poets, authors, musicians and activists from all over Northeastern Pennsylvania with unique passions for change. Fiorucci, who serves as a borough councilman in Sugar Notch, said the event offers those who may be afraid to speak out against their local government a chance to do so. At the borough council meetings people tend to show up only when a large event that charges the community’s interest looms, he said. Meetings can become very long as a list of speakers line up for the public-input portion, he added. Otherwise, most people either can’t get the time to attend meetings or are afraid of a “push back” from local officials if they become a thorn in the officials’ side. But Fiorucci emphasizes that becoming a thorn is not something to avoid. Local governments in Northeastern Pennsylvania are run very “inefficiently,” Fiorucci said, hindering true progress. There seems to be more concern with taking care of the people in power than the taxpayers, he said. “They like to butter their own bread,” Fiorucci said. More public involvement can result in better-run government, especially on the local level, he said. 
Fiorucci has been a long time advocate of good government and free speech. Last year, he ran in the primary for Luzerne County Council. The State of the World is an event that attracts people of all ages and political persuasions. Once you go, I swear you’ll attend again. Fiorucci has not stated whether he will continue the event he has held for 13 years. But for now, the early springtime forum is a “must go” for activists of all stripes. 

FUN AT KING’S 

The Citizen’s Voice ran a front page story on the kids at King’s partying in the neighborhood of North Main Street. Before I begin, let me tell you that my next door neighbors this year are a group of fine young men who are always willing to help and be very friendly. The story went on to recount how sometimes rowdy King’s students make loud noises while going from house to house and causing consternation on weekends. Kids are going to be kids and during the light of day are respectful of people and property. At a recent party, an individual was stabbed and taken to the hospital. That was a situation, fueled by alcohol that could have been worse. But it should be pointed out that when copious amounts of alcohol flow, it is sometimes hard for the hosts to keep track of who is coming and going. Most times the problems are caused by casual visitors who have no connection to the student renters. As a resident, I only ask that if there is a party, the hosts know who is in their house. During St. Patrick’s day weekend, my next door neighbors started a party at 10AM and worked their way down the street. It was orderly, loud but controlled. That’s the way to do it. King’s has also policed some of their students and that is a good thing. So while there is noise and drinking, it’s not as bad as it used to be (he says holding his breath as he writes this). Mayor Tom Leighton told the Voice "I think we're at the lower end of the spectrum with problems”.  Well then maybe next semester, the kids can rent a house on Reliance Drive and treat the Mayor and his neighbors to the sights and sounds of college partying. I’ll bet some of my neighbors on North Main Street would kick in a few bucks for the deposit. In the meantime, I hope the students show as much respect as I had this year from my good neighbors. Have a good summer guys.

The LuLac Edition #2049, May 9th, 2012

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Our "Write On Wednesday" logo. 

WRITE ON WEDNESDAY 

 I CHOOSE YOU…KINDA 

 Today’s “Write On Wednesday” is an e mail missive penned from former Senator Rick Santorum about Mitt Romney. The subject line in the e mail said so. In the rambling essay, Santorum waits until the 13th paragraph to tell the reader that Mitt Romney is better than Barack Obama. This is an endorsement, Rick Santorum style. If I were Rick Santorum or one of his handlers, after dropping out of the race, before the Pennsylvania primary, this is how I would’ve handled it. I would have toured the Keystone State with Romney and walked hand in hand with him to the flea markets, the urban sprawls, all of the old stomping grounds for Rick Santorum. This would have given Santorum a graceful way out, might have helped him heal the wounds with the front runner and in a Clintonesque way, give Santorum the opportunity to say that “he helped Romney win Pennsylvania”. But this was not the path. Instead, Santorum did it his way. An while Paul Anka and Frank Sinatra might be impressed with that somewhere today, the Romney people are trying to figure out how to deal with this half assed compliment. My guess is you won’t see Rck Santorum giving a speech in prime time at the convention this summer. But then again, prime time isn’t what it used to be for political conventions. So maybe Santorum is smarter than the rest of us. Anyway, here’s Santorum’s e mail: 
Thank you again for all you did as one of my strongest and committed supporters. Your belief in our campaign helped us start a movement of Americans who believe deeply that our best days are ahead as long as we fight to strengthen our families, unshackle our economy and promote freedom here and around the world. Karen and I will be forever grateful for the support, kindness and commitment you showed us, as well as our children, over these last months. On Friday, Governor Romney came to Pittsburgh for an over-hour long one-on-one meeting. The conversation was candid, collegial and focused on the issues that you helped me give voice to during our campaign; because I believe they are essential ingredients to not only winning this fall, but turning our country around. While the issue of my endorsement did not come up, I certainly have heard from many of you who have weighed in on whether or not I should issue a formal endorsement. Thank you for your counsel, it has been most helpful. However, I felt that it was completely impossible for me to even consider an endorsement until after a meeting to discuss issues critical to those of us who often feel our voices are not heard by the establishment: social conservatives, tea-party supporters, lower and middle income working families. Clearly without the overwhelming support from you all, I never would have won 11 states and over 3 million votes, and we would not have won more counties than all the other candidates combined. I can assure you that even though I am no longer a candidate for president, I will still continue to fight every day for our shared values - the values that made America the greatest country in the history of the world. During our meeting I felt a deep responsibility to assess Governor Romney's commitment to addressing the issues most important to conservatives, as well his commitment to ensuring our appropriate representation in a Romney administration. The family and its foundational role in America's economic success, a central point of our campaign, was discussed at length. I was impressed with the Governor's deep understanding of this connection and his commitment to economic policies that preserve and strengthen families. He clearly understands that having pro-family initiatives are not only the morally and economically right thing to do, but that the family is the basic building block of our society and must be preserved. I also shared with Governor Romney my belief that we cannot restore America as the greatest economic engine the world has ever seen until we return America to being a manufacturing superpower. He listened very carefully to my advice on this matter, and while our policy prescriptions differed, he clearly expressed his desire to create more opportunities for those that are feeling left behind in this economy. As it is often said, "personnel is policy." I strongly encouraged Governor Romney as he builds out his campaign staff and advisors that he add more conservative leaders as an integral part of his team. And you can be sure that I will work with the Governor to help him in this task to ensure he has a strong team that will support him in his conservative policy initiatives. Of course we talked about what it would take to win this election. As you know I started almost every speech with the phrase that this was the most important election since the election of 1860 and four more years of President Obama is simply not an option. As I contemplated what further steps I will take, that reality weighed heavy on me. The America we know is being fundamentally changed to look more like a European socialist state than the land of opportunity our founding fathers established. Freedom and personal responsibility are being replaced with big government dependency. The greatest and most productive workers in the world are being hamstrung by excessive regulations making it impossible to compete. Our healthcare system had been socialized, and the worth of each life dictated by some government bureaucrat. Our allies are insulted while our enemies are appeased. And our religious beliefs and freedom have come under attack. What is even more troubling is what a second term of an Obama administration could bring. President Obama's admission to the Russians that he will have more flexibility in a second term can only be translated to "if you thought I was liberal in the first four years you haven't seen anything yet!" The primary campaign certainly made it clear that Governor Romney and I have some differences. But there are many significant areas in which we agree: the need for lower taxes, smaller government, and a reduction in out-of-control spending. We certainly agree that abortion is wrong and marriage should be between one man and one woman. I am also comfortable with Governor Romney on foreign policy matters, and we share the belief that we can never allow Iran to possess nuclear weapons. And while I had concerns about Governor Romney making a case as a candidate about fighting against Obamacare, I have no doubt if elected he will work with a Republican Congress to repeal it and replace it with a bottom up, patient, not government, driven system. Above all else, we both agree that President Obama must be defeated. The task will not be easy. It will require all hands on deck if our nominee is to be victorious. Governor Romney will be that nominee and he has my endorsement and support to win this the most critical election of our lifetime. My conversation with Governor Romney was very productive, but I intend to keep lines of communication open with him and his campaign. I hope to ensure that the values that made America that shining city on the hill are illuminated brightly by our party and our candidates thus ensuring not just a victory, but a mandate for conservative governance. Karen and I know firsthand how difficult the campaign trail can be particularly as governor Romney faces relentless attacks from the democrats. We have been praying for him and his family and will continue to do so in the weeks and months ahead. Thank you again for all you have done for us, and I look forward to working together to defeat President Obama this fall and to protect faith, family, freedom and opportunity in America. 
With Gratitude, 
Rick Santorum 
P.S. As promised, very soon we will be making another big announcement, and I will be asking you to once again join forces with me to keep up the fight, together. Stay tuned

The LuLac Edition #2050, May 10th, 2012

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Voter ID. 

VOTER ID AND YOU 

It seems to me that the Republican party has taken over the argument of Voter ID. In Pennsylvania, THE GOP CONTROLLED House and Senate passed the bill and Governor Tom Corbett signed it into law. So despite the protestations, it is a done deal. The GOP has inflicted the oldest political truism on the Democrats: thems with the votes, gets the say. And the thems aren’t the Dems. So what has the statewide party and even the local parties done about this? Despite whining and complaining: NOTHING. Look, the GOP has passed this voter ID bill and in the fall, it will be in effect. People not informed and coming to the polls will be turned away. Especially in Republican strongholds. The Democrats in the state and local levels are going to have to organize. Now the Luzerne County Democratic Chair and her old school gang, Kathy Kane can’t even organize a one car funeral. So it is up to the younger Democrats and interested social groups in the county that actually believe in democracy to get van drivers and volunteer people in the high rises and in the neighborhoods and get them to the polls. With ID. By doing so, they will strengthen the local party, increase the margins for the national, state and local ticket and blunt the plan of the GOP to try and disenfranchise voters who have been going to the poll for years. Personally, I have more IDs on me than I care to admit given my various educational associations (which have expiration dates on them) and other forms of who I am. And I will not be flummoxed by having to produce said ID/ OI did it in the primary. But the Democrats here in LuLac land and all across the state would do well to organize a get out the vote effort with ID to make certain people can voter. I learned long time ago that the best way to kill a bad idea is to go along with it and let it falter under the weight of its own stupidity.
Same sex marriage. Not a wedding party you'd see a t Kirby Park.

LETTER FROM OBAMA

Yesterday, via e mail, LuLac received this letter from the President: Today, I was asked a direct question and gave a direct answer: I believe that same-sex couples should be allowed to marry. I hope you'll take a moment to watch the conversation, consider it, and weigh in yourself on behalf of marriage equality: I've always believed that gay and lesbian Americans should be treated fairly and equally. I was reluctant to use the term marriage because of the very powerful traditions it evokes. And I thought civil union laws that conferred legal rights upon gay and lesbian couples were a solution. But over the course of several years I've talked to friends and family about this. I've thought about members of my staff in long-term, committed, same-sex relationships who are raising kids together. Through our efforts to end the "Don't Ask, Don't Tell" policy, I've gotten to know some of the gay and lesbian troops who are serving our country with honor and distinction. What I've come to realize is that for loving, same-sex couples, the denial of marriage equality means that, in their eyes and the eyes of their children, they are still considered less than full citizens. Even at my own dinner table, when I look at Sasha and Malia, who have friends whose parents are same-sex couples, I know it wouldn't dawn on them that their friends' parents should be treated differently. So I decided it was time to affirm my personal belief that same-sex couples should be allowed to marry. Well Mr. President, it’s about time. This “evolving” statement that came from your press secretary was just plain dumb. Your tap dance around this issue painted you as someone not being true to their own beliefs. The people who are against this aren’t going to vote for you anyway. So why anger the people who will go to the wall for you. From a political standpoint, it would be easier to dodge this until your second term. But what if there is no second term? Mr. President, thanks for making a decision. As the old country song said, “if you don’t stand for something, you’ll fall for anything”. 

MELLOW PLEADS 

Wednesday Sen. Robert Mellow pleaded guilty this morning to charges related to the use of senate staff to perform campaign work. Mellow entered a plea to conspiracy to commit mail fraud and tax evasion before U.S. District Judge Joel Slomsky in the federal courthouse in Scranton. Slomsky said that he might accept the plea agreement or might not. Mellow will be sentenced at a later date. The former Senator did not look perturbed or disturbed on his way into court. As a matter of fact, despite the protestations of legal flunky Sal Cognetti, Mellow doesn’t seem that sick! You should have seen him beating a hasty retreat from the Federal Courthouse Wednesday afternoon. He looked like a combination of the Road Runner and Jim Fixx he was moving so fast. Not bad for a sick guy approaching 70! Mellow seemed to have a learned a lesson about the feds, “you have to know when to hold them, know when to fold them”. 

NAMEY LEAVING 

Wilkes Barre Area Superintendent Jeff Namey is leaving his post in August. Named made the announcement this week. It will be interesting to see who the school board will tap as his successor. Will it be another area superintendent, someone from pout of the area or a flunky within the WB area hierarchy that already has the job in hand while the board announcers “an extensive search for the best qualified” candidate. 

LUGER GOES 

Senator Richard Luger was 80 years old and was going for his 7th term in the Senate. He had served 36 years. Plus, he gave up a true residence in Indiana. All of that would have given his candidacy an uphill fight. But with the addition of a Tea Party candidate and the fact that Luger, with a 77% Conservative rating was not enough of a conservative, his effort was doomed. The moderates in the GOP are going the way of the Whig Party. As a matter of fact, the new GOP Tea party coalition is transforming the Grand Old Party into the Old Party with old ideas. We have been a 50-50 nation since 2000 when the Supreme Court stole the election from Al Gore. The subsequent anger and disunion has not helped heal the nation or for that matter made the GOP a big success. The party has momentary successes, engendered by fits of pique by the voters. It will be interesting to see if the Tea Partier that vanquished Luger will become this fall’s Christine O’Donnell and loose in the general election. A few GOP stalwarts said that won’t happen because Hoosiers will not let a Democrat have that seat again. When the fall campaign gets under way, Indiana voters are gong to fins out that a Senate race is not a movie about basketballIt’s about real life and America. It’s about the middle. And the middle doesn’t swing wildly to the right or left. Dick Luger enjoyed that attribute…until Tuesday night. The pendulum will swing back..fast. After the Hoosiers get a load out of Mr. Tea Party.
Two sweet young thangs shopping at Walmart on a hot, hot Saturday night with a full moon rising. Source: Sue Henry Show Facebook page.  

WALMART GIRLS 

There was a big stir on Facebook this week when a photo was posted with two women walking through the Wilkes Barere Walmart in blue bikinis. Maybe they were coming or going from the beach. Or on their way to Perfect 10. Either way, I’m sorry I missed it. And the fuss made about this tells us that social media does have its advantages. There are some who will say it was a plot by Walmart to attract attention. On a Saturday night? If it was, I’d fire those marketing guys. 

AND NOW FOR SOMETHING COMPLETELY DIFFERENT

 Our 1967 logo

 1967 

Four hundred students seize the administration building at Cheyney State College, now Cheyney University of Pennsylvania, the oldest institute for higher education for African Americans.....Hong Kong 1967 riots: Clashes between striking workers and police kill 51 and injure 800....The Philippine province of Davao is split into three: Davao del Norte, Davao del Sur, and Dava Oriental.....The Greek military government accuses Andreas Papandreou of treason.The United Kingdom and Ireland apply officially for European Economic Community membership…….in Pennsylvania Governor Raymond Shafer appoints a panel to review conditions inside various state prisons…….and in Luzerne County, the ramp up to the primary election is in full swing with newspapers filled with ads wishing women a happy mother’s day and touting their candidacies. The biggest race is the nominating fights for County Commissioner. On the Democratic side incumbent minority commissioner is teamed with displaced State Representative Frank Crossin. The two men are opposed by Anthony Altavilla, Chester Ostrowski and Sam Daley. On the GOP side, incumbent Jim Post is joined by Wilkes Barre Citty Councilwoman Ethel Price. They are opposed by Clyde Bower, Gene Wagner, Matthew Lieb and Walter Kozik. Another Wilkes Barre Council member, Con Salwolski is facing off for the Democratic nomination for Sheriff against Joe Tiirpak….and 45 years ago this week the number 1 song in America and LuLac land was the Easy Beats “Friday On My Mind” which became the unofficial theme song of WYLN TV 35’s Topic A when I co hosted with L.A. Tarone.

MEDIA MATTERS 

SATURDAY NIGHT LIVE 

This week Shadoe Steele presents Ian Anderson from Jethro Tull on "Saturday Night Live at the oldies". Tune in from 7pm to midnight on WILK AM and FM with ABC News on the top of the hour. 

 

ECTV 

A well known area veteran, Joseph Sylvester. is scheduled to join ECTV Live hosts Tom Munley and David DeCosmo during the week of May 14th to discuss plans for the annual Armed Forces Parade in Scranton. Sylvester has been an advocate for veterans for many years and helps with the planning for the parade which was moved from Veteran's Day, several years ago, to May in the hope that better weather might attract bigger crowds to honor our Armed Forces. The program runs each day at Noon and Midnight on Comcast Ch19 as well as at 6 pm several days during the week. Electric City Television is planning to record this year's Armed Forces Day Parade for playback on a rotating basis. 

SUNDAY MAGAZINE

This Weekend On Sunday Magazine. Brian Hughes speaks with Army veteran Joe Sylvester about the Armed Forces Parade set for next Saturday in downtown Scranton. Brian interviews Wayne Ward from Sprint about how wireless technology will impact the future of transportation in the U.S. And an encore of Brian’s interview with Deb Pollick from the March of Dimes discussing the Northeast 2012 March for babies coming up next Saturday at the King’s College Beltzer fields in Wilkes Barre Township Sunday Magazine, Sunday morning at 5am on Great Country 93.7, 5:30am on 97BHT, 6am on 97.9X and 6:30am on Magic 93  & WARM 590 AM.

The LuLac Edition #2051, May 11th, 2012

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"Maybe I'm Amazed" logo.

MAYBE I’M AMAZED 

MAYBE I’M AMAZED….I’m amazed at the breakdown of the ages of people that have an opinion on Gay marriage. Those over 60 are against it, those under 35 are for it. The latter is understandable since the great majority of people under 35 live with each other before they get married, and if they do eventually get hitched, have their kids in the wedding party! It seems marriage doesn’t mean a whole lot to them. Then there’s the African American community. Most polled are against gay marriage. Their reaction to the President’s stance will be interesting. As Americans of color, will this issue be such a strong deal breaker in the General election that they might hold back their support of Mr. Obama. We’ll find out the answer in places like North Carolina where the black vote gave the President resounding wins in the primary and general elections of 2008. 
MAYBE I’M AMAZED…….that it is now 40 years since Title IX has been in operation. This act paved the way for many women athletes to compete and shine on the same collegiate level as men. It is interesting that two female superstars, Mia Ham and Lisa Leslie were born in 1972, the year of Title IX. When I was a student at St. John the Evangelist in Pittston, the women’s basketball team was as entertaining and competent as the men’s teams. Standouts like Anne Tracy, Molly Spohrer and Joanie Baker gave the crowds that gathered at the gym on William Street something to cheer about. 
MAYBE I’M AMAZED….that nearly 10% of all the major leaguers in history have batted against the Rockies Jamie Moyer. Moyer won a ring in ’08 with the Phillies. 
MAYBE I’M AMAZED….that since the invention of the ice resurfacing machine in 1954, more than 10,000 zambonis have been sold by Mr. Frank Zamboni and his clan.
MAYBE I’M AMAZED….that 5 of the members of the NCAA championship winning team, Kentucky, have made themselves available for the NBA draft.. 
MAYBE I’M AMAZED…..that while awaiting sentencing on various financial charges, Lenny Dystra, the former Phillie and Met was pinched for indecent sexual assault while allegedly trying to force a woman to give him a massage. 
MAYBE I’M AMAZED….that some of the Dirty Girl run participants are shocked and dismayed that only a small portion of the money went for breast cancer research. A few lessons here, read the fine print, understand that events like this that aren’t sanctioned by the Komen Foundation aren’t the real deal and get a grip. Breast cancer is not a novelty. It’s not a disease that should be minimized and trivialized or in this case even sexualized. In short, it’s not a girl’s night out. The participants would have been better served by joining the walk “Candy’s Place” has every year. All that dough stays local. 
MAYBE I’M AMAZED…..........that the number 1 or the word one appears on the dollar 16 times. 
MAYBE I’M AMAZED…..........that the peach was the first fruit to be eaten on the moon. And speaking of the moon, how about that spectacular full moon last Saturday night! 
MAYBE I’M AMAZED….that Wilkes Barre Area School Director Bob Corvoran used his status and public forum to mock Wilkes Barre taxpayer advocate Bob Kadluboski by sporting similar sunglasses as he sat on the dias. Kadluboski had class and was obviously amused but some taxpayers who are sick of paying for low grade education, padded bills (see Anthony Lupas) and huge pensions for retiring administrators were not amused. 
MAYBE I’M AMAZED……about the cover of Time Magazine this week where a “mom” is shown breastfeeding a four year old boy. No comment except when that little guy grows up, he’s going to have a lot of issues. Just imagine the woman he marries, God bless her with what she will be dealing with. 
MAYBE I'M AMAZED…..that with the death this week of actor George Lindsay, (he was 83), the only main characters left from “The Andy Griffith Show” are Mr. Griffith, Ron Howard and Jim Nabors. The old fishing hole is drying up.

The LuLac Edition #2052, May 12th, 2012

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Kathy Dobash during 2011 campaign.  

DOBASH’’S LETTER 

During the 2011 election for County Council, Kathy Dobash was a ubiquitous presence on the campaign trail. She seemed to be about everywhere and some of her thoughts were right on the money. This week on Facebook, Dobash weighed in on the detectives contracts in the county and wrote an open letter to the new District Attorney. Her points are very good: 
TO: DA Stephanie Salavantis 
Stand Strong Salavantis and live up to your attack campaign commercials. You criticized the previous DA for lack of action and dropping the ball. Remember "KIDS FOR CASH?" Where were these experienced Luzerne County Detectives? I attended a watch dog tax group meeting (Tuesday,May 8Th at Lobitz's Hall) organized by Booty Beltrami in Hazleton, PA. The detective contract was one topic of discussion. Those in attendance opposed this lucrative deal. DA Salavantis sat in the audience and heard the public outcry for accountability of spending. Salavantis supported this contract. The people do not want their tax dollars spent on sweetheart deals. The question is: What do the detectives do? Not one of them investigated Luzerne County Corruption over the past several years. The FBI had to be called in to clean up the County. Please reveal the details of the presented contract and provide a listing of duties performed by Luzerne County detectives. Please do not state they are overpaid box movers. 
Respectively submitted, 
Kathy Dobash Concerned Citizen
The late Nicholas Katzenbach confronting George Wallace in the early 60s. 

NICK KATZENBACH

After President Kennedy’s assassination in 1963, many of his aides and underlings came into clearer focus. One of those was his Assistant Attorney General Nicholas Katzenbach who stood in the doorway in front of the diminutive Alabama Governor George Wallace who was blocking the doors to the school where black students yearned to attend. Katzenbach died this past week at the age of 90. He was in on every Civil Rights fight with the Kennedy brothers and after the assassination of JFK and resignation of RFK, he moved into the Attorney General’s office where he worked with President Johnson in helping t craft the rest of the Civil Rights agenda. Katzenbach resigned as Attorney General in 1966 and then moved to the State Department for a short stint. He returned to private practice and occasionally appeared on retrospectives of the 60s, and the JFK and LBJ administrations. He was also a WWII veteran and was a POW during that conflict.For more than 8 years, Katzenbach was at the center of social events in America that literally changed the world.

The LuLac Edition #2053, May 13th, 2012

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"13 Questions" logo.  

13 QUESTIONS 

1. Any big surprises in the last election? 
Not really. I think the one shocker for me though was the fact that Randy Castellani didn’t get the nomination in the 115th. I thought Frank Farina doomed his candidacy with his radio interview. But apparently people in the Mid Valley were not going to put a “quitter” in the State House. Statewide, I would have thought Sam Roher would have fared better for the U.S. Senate nomination against Bob Casey. And Sam Smith’s close call (he is the House Speaker) was a little eye opener. Matt Cartwright’s win was no surprise and everything else seemed to go true to form. 
2. Mother’s Day. Thoughts? 
I wish every mom out there a great day. I heard someone on the radio say the other day that the family, the parents you get is really the biggest crap shoot any of us are involved in. Essentially, the luck of the draw is in play regarding the parents you get. To that end, I was extremely lucky to have the mother I had and by extension, the mother in law I acquired through marriage. Both are gone but there is not a day that goes by that both are not in my thoughts. 
3. Do you miss doing Topic A with Tarone? 
Yes I do. It was one of the best experiences of my life and hopefully we can both revisit that situation in the future. 
4. Who will be Mitt Romney’s Vice President? 
Rob Portman of Ohio. It will be the staid and steady ticket. 
5. The County Council now seems to be settling in to its work. Are there any stars on that panel? 
No. And that’s a good thing. Each member brings their own skill set to the arena. There is very little grandstanding and it seems like they are trusting in their pick of Bob Lawton as County Manager. This is so very different than the situation in the 1960s when Wilkes Barre went to the Council Manager form of government. There was a great deal of animosity against the system voted on by Wilkes Barre residents. And it came from both parties (that’s when Wilkes Barre had a viable GOP) because the party officials thought the only reason the voters put in the new system was because of then Mayor Frank Slattery’s pushing and ultimate adoption of the wage tax. 
6. We’re closing in on the 40th anniversary of Agnes. Did they ever finish that movie? 
I think the funding on it lost steam but from what I hear people are efforting to finish the project. Might not be in time for the 40th anniversary but I’m sure it will be completed. In the meantime, look for retrospectives from both WNEP TV and WBRE TV. Also look for our good friend David DeCosmo to be front and center lending his thoughts since he was right in the middle of it when he was News Director at WILK. 
7. Seen the new Stooges movie yet? 
Nope. But I understand it is funny and you really can’t miss with Kate Upton in it. 
8. Do you think Vice President Joe Biden was out of line when he kind of pushed the President into supporting same sex marriage? 
Biden was being Biden. Another politician might have chose their words more carefully. But that’s the beauty of Biden. And in this case, the President needed to say yes or no. 
9. Did you read the ESPN article on the enn State scandal and Tom Corbett’s role in it? 
Yes and it doesn’t make the Governor look good. After this general election, watch for some chatter on possible Democratic foes gunning for Corbett in 2014. And I predict, they'll use the Penn State scandal as a talking point.
10. What do you think was the most interesting aspect of the Congressional race in the newly formed 17th district? 
I think the virtual silence and lack of visibility of former Congressman Paul Kanjoski. If he endorsed anyone, I didn’t hear about it.
11. The John Edwards trial. I’ve not seen any comments on it on LuLac. Why? 
I really don’t know where to begin with it. The thing is so damn awful. The guy cheats on his dying wife while she is campaigning for him! Really? Then he gets people to lie for him who aren’t even good liars, he picks the wrong woman to have an affair with because she seems crazy, they don’t use birth control, and then when the whole thing is going to blow, he is delusional enough to think Obama will pick him as Vice President or Attorney General. Can you imagine if this guy became Vice President? 
12. Mariano Rivera. Done or going to come back? 
He’ll come back. 
13. Are there any cool Mother’s Day songs out there? 
There are a few. Frankie Valli did a nice song called “My Mother’s Eyes” which was nice. Connie Francis’ “Mama” is a total downer. I love The Intruders "I'll Always Love My Mama" too. We featured that a few years back here on LuLac. One of the songs I associate with my moms is an upbeat song by John Sebastian and the Spoonful called “Nashville Cats”. What better Mother’s Day present than a son writing a song for mom, even if it was inspired by those “Yellow Sun records from Nashville”.

EHR: Exchange or Share? The Patient is the Key

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It’s not about exchanging information – it is about sharing it.  One of the biggest problems today in implementing electronic medical records is redundancy.  Today, each provider that sees the patient records their version of the patient medical record.  Often the record will differ between providers and sometimes it will even contain conflicting information.  Not one provider has the complete medical record.  This brings up the question of which record is most correct?  And, what do we not know that could help us to provide a better outcome? 
With today’s technology it is possible to create a virtual non-redundant database that contains the patient’s complete medical record, normalized to third normal form that can be shared by all authorized parties creating a more collaborative healthcare environment.
Sharing begins with recognition that the patient is the key that links all healthcare information.  Once we embrace this paradigm shift we can begin to think about the solution from a totally different angle.

Physician Association Members Offer Earful to Lawmakers Doctors Would Toss Out SGR, Take Time to Seek Alternatives

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Physician association members testifying before a House Energy and Commerce committee hearing May 5 offered alternatives to the SGR formula, which mandates a 29.5% physician pay cut in 2012.

In the hearing, American Medical Association (AMA) members recommended that Congress repeal the Sustainable Growth Rate (SGR) formula immediately, establish five years of positive Medicare payment updates on practice costs, and use the borrowed time to test and evaluate various payment models to find a permanent fix.

Both the AMA and the American Academy of Family Physicians (AAFP) support a five-year transition.  Reworking the payment system during the transition would ensure continued access to care for Medicare beneficiaries, said Michael Burgess, M.D. (R-Texas), a subcommittee member.  Repealing SGR will be costly, he added, but the current payment system has to go.

A controversial option on the table is private contracting, which would allow patients and physicians to negotiate freely for most outpatient Medicare services without penalty.  Medicare rates would apply for emergency medical services or urgent care.

Private contracting is in the Medicare Patient Empowerment Act, introduced by Rep. Tom Price, M.D. (R-Georgia). While some lawmakers like the idea, others cringe at the thought of its introduction in a system now restrained by the threat of civil and criminal charges.  Removing that blanket, patient advocates argue, could unleash behaviors that drive up healthcare costs and impair availability of care.

“These proposals serve to fundamentally undermine the purpose of the Medicare program by unraveling the protections against high costs that prevent people from accessing the care they require," said Joe Baker, president of the New York-based Medicare Rights Center.

UCB Fined $34 Million for Marketing Off Label Use of Keppra for Migraines

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UCB Inc., headquartered in Smyrna, Georgiapleaded guilty on June 9, 2011 to charges that it promoted the epilepsy drug Keppra for off-label use in the treatment of migraine headache and other conditions for which it was not approved by the FDA.  UCB Inc. is the U.S. subsidiary of Belgian drug manufacturer UCB SA. UCB Inc. will pay more than$34 million to settle its criminal and civil liabilities, according to the Justice Department.  Keppra has been approved by the Food and Drug Administration (FDA) for the treatment of epileptic seizures in adults and children suffering from epilepsy, but not for the treatment of migraine headache, psychiatric or pain conditions.  A manufacturer may not market an FDA-approved drug for any use not specified in its FDA approval product label.  These uses are called “off-label” uses.  The government alleged that UCB promoted the sale of Keppra for off-label use in treating migraine by creating and distributing posters claiming that Keppra was safe and effective for treating migraine based on purportedly independent studies.  The posters did not disclose UCB’s sponsorship of these studies or that UCB’s own clinical trial had failed to show Keppra’s supposed effectiveness in treating migraine.  UCB will pay $7.55 million in criminal fines for misbranding Keppra and $25.7 million to settle civil allegations under the False Claims Act, and will forfeit assets of $1.078 million. Of the $25.7 million civil settlement, the federal will get $15,871,208.  The state Medicaid share of the civil settlement is $9,893,322. Whistleblowers will receive payments totaling more than $2.8 million from the federal share of the civil recovery.  As part of the resolution accepted by the court, UCB was required to enter into a corporate integrity agreement (CIA) with the Office of Inspector General of the Department of Health and Human Services. Under the agreement, the company must implement procedures and reviews to prevent or promptly detect similar violations. The resolution is part of the government’s emphasis on combating health care fraud under the Health Care Fraud Prevention and Enforcement Action Team (HEAT), a joint initiative of Health and Human Services and the Department of Justice.  The False Claims Act has been used by the Justice Department to recover more than $5.7 billion since January 2009 in cases involving fraud against federal health care programs.  The Justice Department’s total recoveries in False Claims Act cases since January 2009 are more than $7.3 billion.  “Patients have a right to know that the drugs they are prescribed have been approved by the FDA as safe and effective for a particular use,” said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice.  “Off-label promotion of pharmaceuticals undermines the FDA’s important role in protecting the public and is a drain on taxpayer dollars.”

Order any subscription to The Keys To Getting Paid: Billing and Coding Book by July 1, 2011 and receive a free Quick Key to Interventional Pain Management (A $34.95 value!)

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Building a Successful Pain Practice: The Keys to Getting Paid! Billing and Coding Textbook
The definitive book on how to code, bill, and get paid for interventional pain management for physicians, ASC's, and hospitals. This 1000-page dictionary-like reference tool includes CPT, ICD-9, and HCPCS Level II codes, detailed descriptions of procedures, associated radiological and other guidance codes, and payment rules in a concise and easy to follow format. Annual subscription, updated quarterly.

Therapy Clinic Offered Cash Kickbacks, Free Transportation PT Clinic Employees Face 10 Years in Medicare Fraud Case

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Three employees of a Brooklyn-area physical therapy establishment each pleaded guilty in June to one count of conspiracy to commit health care fraud in a case involving $3.4 million in charges billed to Medicare.

In court documents, authorities alleged that Dmitry Shteyman, 36, Aleksey Shteyman, 42, and Maxsim Shvedkin, 39, were involved in a scheme to pay cash kickbacks to Medicare beneficiaries who visited the physical therapy clinic, known as Solstice Wellness Center.  In addition, beneficiaries allegedly were transported to and from Solstice purportedly to receive the unnecessary physicians’ services, physical therapy and diagnostic tests.  Free transportation or transportation provided for less than market rates can be ruled as an inducement.

In plea hearings, Dmitry and Aleksey Shteyman and Maxsim Shvedkin admitted that they paid kickbacks to the beneficiaries so that Medicare could be billed for services and diagnostic tests that were not medically necessary.

Each defendant faces a maximum sentence of 10 years in prison.

Other employees and clinic operators also were involved.  Ilya Gershkovich, Evgeny Gil, Yefim Kornfeld, Valentina Mushinskaya, Shelya Pinskaya and Vladimir Rubin have been charged and are scheduled for trial in October 2011.
 The guilty pleas were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Loretta E. Lynch for the Eastern District of New York and Special Agent-in-Charge Thomas O’Donnell of the HHS-Office of Inspector General (HHS-OIG).

The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of New York.

Since their inception in March 2007, Strike Force operations in nine cities have charged more than 1,000 defendants who collectively have falsely billed the Medicare program for more than $2.3 billion.  In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

CMS Releases 2012 Proposed Physician Rule on July 1 SGR Rule would Slash Physician Pay by 29.5% in 2012

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On July 1, the Centers for Medicare and Medicaid Services (CMS) released the proposed 2012 physician fee schedule, calling for the SGR-mandated 29.5% cut in the physician payments conversion factor effective January 1, 2012 unless Congress again overrides, or else passes legislation to replace, the SGR formula.  CMS will accept public comments until August 30th before issuing the final rule by November 1.

If the SGR pay cut takes effect January 1, 2012, the national physician conversion factor will plummet from $33.9764 currently to $23.9635 for 2012, according to CMS.

In contrast, the annual letter to Congress from the Medicare Payment Advisory Commission (MedPAC) recommended a 2012 Medicare physician reimbursement schedule increase of 1.0%.

In a letter released June 27, MGMA and 112 physician organizations urged the Obama administration and Congress to repeal the SGR formula as part of the deficit reduction plan. The SGR scheduled cuts involve an estimated $300 billion in federal health care costs over the next ten years.

In other provisions, CMS proposes to:
Extend the multiple procedure payment reduction (MPPR) policy to the professional component (PC) of imaging services, resulting in significant reductions in payment for radiology and interventional radiology; the highest PC payment will be paid in full with each additional procedure reduced by 50% when performed on the same patient on the same day in the same imaging session
Pay for physician services at facility rather than in-office rates for non-diagnostic services that are performed within three days prior to an inpatient admission, related to the admission, and performed in a physician practice wholly owned or operated by the hospital.
Continue the Physician Quality Reporting Initiative (PQRI) .5% bonus in 2012 for physicians and other eligible health care professionals who successfully participate
Add 26 new measures for individual claims and/or registry based reporting and an additional way to meet the clinical quality reporting objective
Use CY 2013 as the initial performance year for purposes of adjusting payments in CY 2015
Review reimbursement for specific CPT codes in 2012 to determine if they are overvalued or undervalued; candidates include Manual Therapy (97140), Group Therapy (97150), and possibly Therapeutic Activities (97530), Neuromuscular Reeducation (97112) and Physical Therapy Evaluation (97001)
Substitute 103% of the Average Manufacturer’s Price (AMP) for certain drugs currently paid at 106% of manufacturer’s Average Sales Price (ASP); applicable to drugs that exceed a price substitution threshold in two consecutive quarters or three of the preceding four quarters
The proposed rule also contains information on how to earn the 2012 e-prescribing bonus of 1.0% of allowed charges and how to avoid e-prescribing penalties in 2013 and 2014

States Now Have Until January 1, 2014 – or Beyond HHS Relaxes Health Plan Exchange Implementation Deadline

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States Now Have Until January 1, 2014 –
or Beyond
 
HHS Relaxes Health Plan Exchange Implementation Deadline
 
State Health Insurance Exchange implementation rules announced in June by HHS Secretary Kathleen Sebelius include a cooling carrot for state leaders, who were sweating in summer heat over a January 1, 2013 deadline to have their exchanges up and running.
 
Now, in one of the worst heat waves in years, administrators might perspire a bit less.  HHS is proposing to relax the previously strict 2013 date, allowing states conditional approval to extend their deadline to January 1, 2014 or beyond provided that the state demonstrates "advanced preparation" by that date.
 
The proposal rules reflect the Administration’s consultation with state leaders, consumer groups, employers and insurers.  HHS is taking public comment on the proposed rules through August 25.  So far, though, not everyone is satisfied.
 
The new rules set minimum standards for setting up a Small Business Health Options Program (SHOP), performing basic functions of the exchange, certifying health plans for participation in the exchange, and ensuring stable premiums.
 
The Administration offers to partner with states to make exchange development and operations more efficient.  It would assist with business functions such as eligibility and enrollment, financial management, and health plan management. However, accepting federal help is not mandatory.  States can choose to develop their exchanges themselves, as long as they meet the basic requirements of the Affordable Care Act (ACA).
 
After the proposal’s release, states and employer groups still questioned the costs of implementing and running exchanges.  Karen Kerrigan is President and CEO of the Small Business and Entrepreneurship Council (SBE Council), a nationwide small business advocacy, research, and networking organization dedicated to protecting small business and promoting entrepreneurship.
 
Kerrigan said that government conditions involve costs and complexities, even with added “flexibility,” that will make exchanges too expensive for some states to operate.  For example, Kerrigan noted that each state exchange is required to operate and maintain a website allowing people to compare plans and pricing.  Each state also must certify that its plan meets ACA requirements, and maintain and staff a toll-free number to assist callers who have questions.
 
Kerrigan pointed to a significant key item that ultimately affects the affordability of plans offered by exchanges.  The “essential health package” has not been developed yet, but Kerrigan cautions that mandates could make the essential package too costly for many small businesses.
 
Instead, Kerrigan favors a system that would allow small businesses to shop nationally for the best and most affordable coverage.  One-size-fits-all mandates from the federal government, she said, only limit choices and drive up costs.

Highmark Blue Cross to Buy West Penn Allegheny Health Insurer Plans to Employ Doctors Rather than Negotiate Fees

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Highmark Blue Cross to Buy West Penn Allegheny Health

Insurer Plans to Employ Doctors Rather than Negotiate Fees 

Highmark Blue Cross Blue Shield announced in June that it plans to purchase West Penn Allegheny Health, one of the region’s biggest hospital systems known as the institutional home of the Temple University School of Medicine.  

The acquisition, officers say, provides the insurer an opportunity to replace negotiated fees for services with an employment-based model that pays doctors salaries.  The company seeks higher quality and efficiency through greater control of patient care, which it believes will allow it to shrink unnecessary and duplicate services.  Primary care physicians will coordinate patient care and encourage preventive health practices.

The announcement added hot sauce to an already bitter argument between Highmark and the University of Pittsburgh Medical Center (UPMC), a large integrated hospital network, over rates Highmark pays UPMC hospitals and its physicians for medical care. West Penn Allegheny Health, which Highmark plans to acquire, is UPMC’s largest competitor in the Pittsburgh area.  Current Highmark contracts for most UPMC hospitals expire June 30, 2012.  Negotiations between Highmark and UPMC broke down in March.
 
In mid-July, Highmark filed a lawsuit against UPMC and most of its hospitals claiming that UPMC breached its contract and aired misleading advertisements against Highmark.  Highmark accuses UPMC of seeking excessive rate increases, and UPMC claims that it cannot work with Highmark now that the insurer has announced plans to purchase UPMC rival West Penn Allegheny Health System.

Physicians and others watching the acquisition talk – and the impasse between Highmark and UPMC – fear damage to healthcare in Pennsylvania from a dispute intensified by Highmark’s plans.

What will a merger do to affected physicians, who lose control over how much they may work and earn?   How will this affect patient care?

In the state senate, Pennsylvania’s political leaders are thinking about intervening in the contract standoff.  On July 18 two Republican state senators, Don White and Kim Ward, called for hearings on Highmark and UPMC to determine Pennsylvania’s regulatory role in the conflict.

"I'm not picking a side in this dispute," Ms. Ward said in her statement, "but I am asking them both to get back to their mission of taking care of the people of southwestern Pennsylvania who depend on them for their healthcare."

Mr. White's staff said at least some of the hearings would be held in Pittsburgh.  None have been scheduled as yet.

For now, all observers can do is to watch and wonder – as do we all.

Appeals Court Finds Insurance Mandate is Unconstitutional

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The U.S. Appeals Court for the 11th Circuit, located in Atlanta, decided on Friday, August 12, 2011 that the Affordable Care Act’s requirement for all Americans to buy healthcare insurance is unconstitutional.
 
However, the three-judge panel also reversed a lower Florida court’s decision that the entire law is unconstitutional.
 
Florida Judge Roger Vinson, appointed by Ronald Reagan, had argued that the mandate is so central to the law’s function that the rest of the law is invalid without the mandate. “I must conclude that the individual mandate and the remaining provisions are all inextricably bound together in purpose and must stand or fall as a single unit,” Vinson wrote.  In contrast, the 11th Circuit Appeals Court refused to invalidate the entire law.
 
The Obama administration argued that the insurance mandate falls under the Commerce Clause of the U.S. Constitution, which gives Congress the power to regulate interstate commerce.  Twenty-six states challenged the mandate, arguing that Congress had exceeded its authority by imposing the requirement.  In a jointly-written opinion, Judge Joel Dubina appointed by Republican President George H.W. Bush and Judge Frank Hull appointed by Democrat President Bill Clinton disagreed with the administration’s view.
 
“This economic mandate represents a wholly novel and potentially unbounded assertion of congressional authority: the ability to compel Americans to purchase an expensive health insurance product they have elected not to buy, and to make them re-purchase that insurance product every month for their entire lives,” the two judges stated in the majority opinion.
 
Judge Stanley Marcus, also appointed by Clinton, wrote the dissenting minority opinion.  The majority, he stated, ignored “the undeniable fact that Congress’ commerce power has grown exponentially over the past two centuries and is now generally accepted as having afforded Congress the authority to create rules regulating large areas of our national economy.”
 
The Obama administration stated that it disagrees strongly with the majority ruling and expects that the decision will not stand.
 
The legal status of the individual mandate is expected to be decided by the U.S. Supreme Court.  The 11th Circuit Appeals Court decision contrasts with an earlier one by the 6th Circuit Court in Cincinnati, which upheld the individual insurance mandate as constitutional.  That case has been appealed to the Supreme Court.  The Court of Appeals for the 4th Circuit in Richmond has yet to rule in a separate case brought by the state of Virginia.  A federal judge in Virginia had ruled the mandate unconstitutional, as well

Healthcare Entities can Test 5010 Transaction Compliance CMS National 5010 Testing Week is THIS WEEK!

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Healthcare Entities can Test 5010 Transaction ComplianceCMS National 5010 Testing Week will be August 22-26, 2011 CMS conducted its first National Testing Day on June 15, 2011 allowing medical practices and other entities upgrading to Version 5010 claim transaction files to submit sample data to test their systems.  In this first such event, 349 entities submitted 974 files with no significant errors.  Of the participants surveyed afterwards, 32% felt ready to process Version 5010 transactions. CMS is following this up with an even bigger National 5010 Testing Week scheduled for August 22-26, 2011.  National 5010 Testing Week will provide entities that are working toward 5010 compatibility an opportunity to test the compliance of their systems with the support of a real-time help desk and access to Medicare Administrative Contractors (MACs) for assistance with problems. Testing is critical because version 5010 is the new version of the X12 standards for HIPAA compliant electronic transfer of health information between providers and Medicare, insurers or other health-related entities.  Full 5010 compliance is required for most entities as of January 1, 2012, the deadline when they must transfer medical information electronically. Register to participate in the National 5010 Testing Week exercise through your MAC.  To ensure that your registration is properly recorded and is not rejected, be prepared to provide the information listed below: Company name Vendor/Submitter ID PTAN NPI Type of submitter (e.g., provider, billing service, clearinghouse or vendor) Street address of submitter City/state and ZIP EDI contact person E-mail address Type of transactions you are going to test (e.g., 837I, 837P, 276/277 or 835) How will you be sending your test file (e.g., Dialup, FTP or NDM) Line of Business (e.g., J1 Part A, J1 Part B, J11 Part A, J11 Part B, J11 HHH or RRB) The Secretary of the Department of Health and Human Services (HHS) adopted version 5010 to replace the current version of the X12 standard for electronic transactions including claims (professional, institutional and dental), claims status requests and responses, payment to providers, eligibility requests and responses, referral requests and responses, enrollment and disenrollment in a health plan, Coordination of Benefits and premium payments.  There are three levels of 5010 compliance.  Level I compliance, required beginning on December 31, 2010, means "that a covered entity can demonstrably create and receive compliant transactions, resulting from the compliance of all design/build activities and internal testing."  Healthcare entities must be testing throughout calendar year 2011, and must schedule testing as early as possible, to ensure sufficient time for corrective actions and re-testing. Level II compliance will be required on December 31, 2010.  Level II means "that a covered entity has completed end-to-end testing with each of its trading partners, and is able to operate in production mode with the new versions of the standards." Level III means full compliance with Version 5010.  The compliance date for Medicare providers and other entities is January 1, 2012.  The Medicaid deadline also is January 1, 2012, except for small health plans that have until January 1, 2013 to come into compliance. The requirement to adopt transaction standards originated from the 1996 Health Insurance Portability and Accountability Act (HIPAA).  The Transactions and Code Sets final rule published on Aug. 17, 2000, adopted standards for the statutorily identified transactions, some of which were modified in a subsequent final rule published on Feb. 20, 2003. On January 16, 2009, HHS published a final rule that replaces the current Version 4010/4010A and NCPDP Version 5.1 with Version 5010 and Version D.0, respectively, and adopted NCPDP Version 3.0 as well.