Posts Tagged ‘controversy’
The recent attack by al-Qaida on an American airliner seemingly caught the Obama Adminstration with it’s proverbial pants down in the public relations sense. Images of Obama enjoying his Hawaiian vacation as his cabinet secretaries and political aides responded (tardily, in my view) to logical Republican comments and concerns regarding national security and the global war against al-Qaida.
Will the U.S. respond militarily to this al-Qaida attack? Despite his recent award of the Nobel Peace Prize, President Obama will most likely decide he MUST respond with some sort of overt move on al-Qaida in Yemen. Covert action will not placate the Republicans who have seized the public debate on this issue, and, after sending General Petreaus to visit with the Yemeni president, the world is also expecting some type of overt U.S. action on Yemen.
For more information on Yemen’s recent history and the wars being fought there, see http://www.historyguy.com/yemen_history_wars_politics.htm
Kennedy Denied Communion: Is the Catholic Church Sending Message on Health Care Debate and Abortion?
The Catholic Bishop Thomas Tobin has denied Communion to Representative Patrick Kennedy of Rhode Island due to the Liberal Democrat’s stand on health care and on abortion. The Catholic Church is opposed to abortion, and is worried about the status of abortion in the recent health care debate.
With the health care debate heating up on Capital Hill, is this very public rebuke of a scion of the nation’s leading political family a not-to-subtle message to other Catholic lawmakers not to vote for a health care bill that includes government funding for abortions? Patrick Kennedy is a leading advocate for major health care reform, as well as a leading voice in favor of abortion rights.
It should also be noted that the news of this dispute between Bishop Tobin and Patrick Kennedy comes on the Nov. 22 anniversary of the assassination of President John F. Kennedy, who was the uncle of Patrick Kennedy.
Sources and links:
http://www.historyguy.com/biofiles/kennedy_family_dynasty.htm#kennedyfamilydynastypatrickkennedy
President Obama Signs Emergency Declaration for H1N1 Flu
In keeping with the administration’s proactive approach to H1N1 Flu, President Obama last night signed a proclamation declaring 2009-H1N1 Influenza a national emergency. The proclamation enhances the ability of our Nation’s medical treatment facilities to handle a surge in H1N1 patients by allowing, as needed, the waiver of certain standard federal requirements on a case-by-case basis. A copy of the proclamation and the accompanying message to Congress are attached.
The foundation of our national approach to the H1N1 flu has been preparedness at all levels –- personal, business, and government –- and this proclamation helps that effort by advancing our overall response capability.
Please check Flu.gov for the most up-to-date news on H1N1, preparedness, and vaccine distribution.
Sources: http://www.flu.gov/professional/federal/h1n1emergency10242009.html and http://www.historyguy.com/obamapresidency/obama_h1n1_swine_flu_emergency_declaration.htm
October 24, 2009 – President Obama Signs Emergency Declaration for H1N1 Flu
Authority
Section 1135 of the Social Security Act [42 USC §1320b–5] permits the Secretary of Health and Human Services to waive certain regulatory requirements for healthcare facilities in response to emergencies. Two conditions must be met for the Secretary to be able to issue such “1135 waivers”: first, the Secretary must have declared a Public Health Emergency; second, the President must have declared a National Emergency either through a Stafford Act Declaration or National Emergencies act Declaration. If these conditions are met, then healthcare facilities may petition for 1135 waivers in response to particular needs, and only within the geographic and temporal limits of the emergency declarations.
Under Section 1135:
The Secretary may tailor authorities granted under Section 1135 waivers to match the specific situational needs, but the requirements that may be waived include those related to Medicare, Medicaid or the Children’s Health Insurance Program (CHIP), the Emergency Medical Treatment and Active Labor Act (EMTALA), and the Health Insurance Portability and Accountability Act (HIPAA). These requirements provide important protections for patients during normal day-to-day operations, but they may impede the ability of healthcare facilities to fully implement disaster operations plans that enable appropriate care during emergencies. For example, requirements under the Emergency Medical Treatment and Active Labor Act (EMTALA) would prohibit hospitals from certain rapid triage or sorting activities and prevent the establishment of off-site, alternate care facilities that could off-load emergency department demand.
- Waivers are permitted only to the extent they ensure that sufficient health care items and services are available to meet the needs of Medicare, Medicaid, and CHIP beneficiaries in the emergency area during the emergency period. The “emergency area” and the “emergency period” are the geographic area, in which, and the time period, during which, the dual declarations exist.
- Permitted actions include the waiver or modification of conditions of participation, other certification requirements, program participation requirements, pre-approval requirements for health care providers; waiver of sanctions for certain directions or relocations and transfers that otherwise would violate the Emergency Medical Treatment and Labor Act (EMTALA); waiver of sanctions related to Stark self-referral prohibitions; modifications to deadlines and timetables for the performance of required activities; and waiver of sanctions and penalties arising from noncompliance with certain Health Insurance Portability and Accountability Act (HIPAA) privacy regulations.
Examples of use of waivers:
- Hospitals request to set up an alternative screening location for patients away from the hospital’s main campus (requiring waiver of the Emergency Medical Treatment and Labor Act-EMTALA)
- Hospitals request to facilitate transfer of patients between ERs and inpatient wards between hospitals (requiring waiver of both EMTALA and HIPAA regulations)
- Critical Access Hospitals requesting waiver of 42 CFR 485.620, which requires a 25-bed limit and average patient stays less than 96 hours
- Skilled Nursing Facilities requesting a waiver of 42 CFR 483.5, which requires CMS approval prior to increasing the number of certified beds in a distinct part
Past instances where authority to grant Section 1135 waivers was enabled for recent disaster events include
- Hurricane Katrina (2005)
- 56th Presidential Inauguration (2009)
- Hurricanes Ike and Gustav (2008)
- North Dakota flooding (2009)
Q: Why do this now; why can’t we wait until a hospital or region needs these 1135 Waivers?
A: The H1N1 epidemic is moving rapidly. By the time regions or healthcare systems recognize they are becoming overburdened, they need to implement disaster plans quickly. 1135 Waivers still require specific requests be submitted to HHS and processed, and some State laws may need to be addressed as well. Adding a potential delay while waiting for a National Emergency Declaration is not in the best interest of the public, particularly if this step can be done proactively as the President has done today.
Q: Has the authority to grant 1135 waivers been granted before?
A: Yes, there are several instances where 1135 Waiver authority has been granted under the Stafford Disaster Relief and Emergency Assistance Act (vice National Emergencies Act) to help healthcare facilities cope with large patient burdens. Recent examples include Hurricane Katrina (2005), Hurricanes Ike and Gustav (2008), and the North Dakota flooding (2009). In addition, 1135 waiver authority has been granted previously as a precautionary measure, as in the case of the recent 56th Presidential Inauguration (2009).
Q: Specifically, what will this NEA Declaration enable and what will this allow hospitals to do, if a waiver is requested and granted?
A: An NEA Declaration fulfills the second of the two conditions required for the Secretary of HHS to be able to grant 1135 waivers. If requested, and HHS grants an 1135 waiver, healthcare facilities will be able to utilize alternate care sites, modified patient triage protocols, patient transfer procedures, and other actions that occur when they fully implement disaster operations plans.
Q: Is the HIPAA Privacy Rule suspended during a national or public health emergency?
A (from the HHS Office of Civil Rights website): No; however, the Secretary of HHS may waive certain provisions of the Rule under the Project Bioshield Act of 2004 (PL 108-276) and section 1135(b)(7) of the Social Security Act.
What provisions may be waived
If the President declares an emergency or disaster and the Secretary declares a public health emergency, the Secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule:
- the requirements to obtain a patient’s agreement to speak with family members or friends involved in the patient’s care (45 CFR 164.510(b))
- the requirement to honor a request to opt out of the facility directory (45 CFR 164.510(a))
- the requirement to distribute a notice of privacy practices (45 CFR 164.520)
- the patient’s right to request privacy restrictions (45 CFR 164.522(a))
- the patient’s right to request confidential communications (45 CFR 164.522(b))
When and to what entities does the waiver apply
If the Secretary issues such a waiver, it only applies:
1. In the emergency area and for the emergency period identified in the public health emergency declaration.
2. To hospitals that have instituted a disaster protocol. The waiver would apply to all patients at such hospitals.
3. For up to 72 hours from the time the hospital implements its disaster protocol.
When the Presidential or Secretarial declaration terminates, a hospital must then comply with all the requirements of the Privacy Rule for any patient still under its care, even if 72 hours has not elapsed since implementation of its disaster protocol.
Regardless of the activation of an emergency waiver, the HIPAA Privacy Rule permits disclosures for treatment purposes and certain disclosures to disaster relief organizations. For instance, the Privacy Rule allows covered entities to share patient information with the American Red Cross so it can notify family members of the patient’s location. See 45 CFR 164.510(b)(4).
Learn More: * See http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/emergency/katrinanhipaa.pdf for information on sharing information in emergency situations.
Critics of President Obama decry his miscalculation on trusting the media to keep a traditionally off-the-record chat time actually off-the-record. While preparing to tape an interview, Obama made conversation with the reporter and, accurately, it can be said, called Kanye West a “jackass” for his rude behavior at the MTV Music Awards.
The question is: If Obama miscalculates on a comment like this, and cannot control his mouth, what happens when he comments on something serious, like his opinion of friendly foreign leader or some other notable? Remember his comments about the Yale professor and the police officer? That caused at best a major distraction for him, at worst, it showed that he does not always think well on his feet. A criticism he faced in the presidential campaign was that he was an excellent speaker with a prepared speech, but not as good at off-the-cuff remarks.
Addison Graves “Joe” Wilson (b. July 31, 1947)
Joe Wilson serves as a Republican Congressman representing South Carolina’s 2nd congressional district in the U.S. House of Representatives. Wilson’s district extends from the state capital of Columbia, and goes down to the Carolina coast to the resort towns of Beaufort and Hilton Head Island. Representative Wilson is a member of the Republican Party’s conservative wing, and is best known nationally for his outburst against President Obama on September 9, 2009, in which Wilson called Obama a liar in regard to the President’s health-care reforms.
Rep. Wilson is a conservative Republican, who, until his shouted “You Lie” comment to President Obama, was perhaps best known as one of only seven Republican State Senators to vote to continue flying the Confederate battle flag over the state capitol, stating that, “The Southern heritage, the Confederate heritage is very honorable.” The South Carolina Senate voted 36-7 to remove the Confederate flag. Joe Wilson’s affiliations include membership in the organization Sons of Confederate Veterans.
Since his outburst on national television during the President’s speech, Congressman Wilson’s campaign has registered over a million dollars in donations from conservatives around the nation.
Van Jones Resigns Due To Controversy
President Obama’s Special Advisor for Green Jobs, Van Jones, resigned September 5, 2009 due to the cascade of criticism about his public comments and about his apparant belief that the Bush Administration orchestrated the 9/11 attacks in order to create conditions conducive to invading Afghanistan and Iraq.
Van Jones’ public comment in February, 2009 that Republicans were fecal exit orifices (he used the more common and much more cruder term than used here), as well as the fact that in 2004, Van Jones was one of “100 notable Americans” who signed a petition called the ”911 Truth Statement” from 911Truth.org. Republicans and other conservatives called for his resignation over these two incidents.
