Updating our earlier report: “A jury found a longtime Iowa state lawmaker not guilty of sexually abusing his wife who suffered from dementia, in an unusual case that centered on when a person is no longer mentally capable of consenting to sex.” [KWWL] More: NYT Room for Debate.
- Mississippi community rallies behind 88 year old doctor investigated by licensure board for practicing from his car [AP]
- Pennsylvania: “Kill deal between Attorney General’s office and law firm, nursing homes ask court” [Harrisburg Patriot-News; earlier on AG Kathleen Kane; related on law firm of Cohen Milstein, on which earlier]
- Hazards of overwarning in the wired hospital: “2,507,822 unique alarms in one month in our ICUs, the overwhelming majority of them false.” [Robert Wachter, Medium]
- JAMS arbitrator, a retired California Supreme Court judge, resists subpoena seeking explanation of settlement allocation decisions among Prempro clients of Girardi Keese [National Law Journal; see also from way back]
- Reports of VA-scandal retaliation raise question: do all the HIPAA laws in the world protect us from persons in high places wishing to pry into our medical records with ill intent? [J. D. Tuccille, Reason]
- New York Attorney General Eric Schneiderman charged that 79% of herbal supplements lacked appropriate DNA, but that claim itself turns out to be hard to substantiate [Bill Hammond, New York Daily News]
- Nurses’ gallows humor defended against That’s-Not-Funny Brigade [Alexandra Robbins, Washington Post]
“Regulations, fear of lawsuits prevent nursing homes from allowing patients basic autonomy”
[Anthony L. Fisher, Reason]
“Four law firms received three no-bid contracts for the secret investigations [of litigation prospects by the state of Pennsylvania against nursing homes and other defendants]. The firms and their lawyers donated a combined $191,400 to [attorney general Kathleen] Kane’s campaign from 2011 to 2013, records show. … Fees in most of the contracts are structured on a “contingency” basis, meaning the law firms typically get 20 to 25 percent of any final award — which ultimately could reap tens of millions for the state.” [Pittsburgh Tribune-Review] But this sounds better: as one of his first acts in office, Gov. Tom Wolf signed into law “a requirement that all private legal contracts go out to bid.” [Harrisburg Patriot-News] Earlier on Pennsylvania Attorney General Kathleen Kane.
A question of consent: “The case has produced no evidence thus far that the couple’s love faded, that Donna failed to recognize her husband or that she asked that he not touch her, said Rayhons’ son Dale Rayhons, a paramedic and the family’s unofficial spokesman.” Mrs. Rayhons, who suffered from Alzheimer’s disease, is dead now and can’t testify. “In interviews, Rayhons said his life and reputation are already ruined. … He says he’s most distraught about being kept from Donna during the last weeks of her life.” [Bryan Gruley, Bloomberg, via @amyalkon] (& Scott Greenfield, Eugene Volokh)
- Furious over EEOC attack on wellness programs, CEOs threaten to suspend their support for ObamaCare [Reuters] Had it been common knowledge that CEOs covertly support ObamaCare, then? And isn’t the EEOC formally an independent agency not answerable to White House directives?
- If more editors handled situations this way, readers would think better of the press: Annalee Newitz of io9 offers “apology and analysis” for running tendentious, ill-reported article attacking animal-based research;
- Success of personal injury litigation is reshaping nursing home business in some states [WSJ]
- “With the Advent of Mandatory Paid Sick Leave in California, Here are a Few Sick Leave Excuses” [Coyote, related Massachusetts]
- Really, it’s not a shock-scandal that rules for human-subjects research might be written by actual scientists [Zachary Schrag, IRB Blog]
- In combating diseases of poverty, you’d think economic growth would top the list of remedies [Bryan Caplan]
- Judge slices $9 billion punitive Actos award against Takeda and Lilly by 99% [Bloomberg, earlier]
- “Grubergate, the Mini-Series” [Michael Cannon; more from Cannon on Supreme Court’s grant of certiorari in King v. Burwell ObamaCare case]
Had you heard that disabled-rights activists have staged demonstrations in Washington, D.C. to protest a new Obama administration initiative? Not only that, but the disabled-rights activists are right.
At issue is an awful scheme by the Obama Labor Department, newly headed by Secretary Thomas Perez, to abolish most of the “companionship exemption” to federal wage and hour laws, which has up to now reasonably recognized that serving as a live-in or semi-live-in paid attendant to a sick, elderly or disabled person is not really the same sort of thing as working twelve-hour days on a factory assembly line. I’ve got a new post at Cato at Liberty looking at some of the consequences we can expect from making it far more expensive to provide a kind of round-the-clock care that often keeps people out of nursing homes. More: Bloomberg.
Some background on the controversy, beyond the links in the Cato post: National Council on Disability (a federal disability-advocacy agency that was not entirely prepared to toe the line in favor of the new regs); Stephen Miller, Society for Human Resource Management; Kaiser Health News; Disability Law (“disability rights groups… fear that substantially raising the cost of personal assistance services without increasing Medicaid reimbursements will force people with disabilities into nursing homes”); PHI and Direct Care Alliance (promoting regs); National Association for Home Care and Hospice and more (commercial group opposed); ADAPT (disability rights group opposed).
After all, what if something should go wrong? Following a resident’s death, a California senior facility defends its “protocol” of ordering nurses to stand by for rescue personnel rather than perform CPR themselves [L.A. Times]
More: Plenty of pushback from readers, including warnings that CPR is not necessarily an appropriate or desired intervention in the resident’s situation, even in an independent-living arrangement in the absence of a DNR (do not resuscitate) order. The resident’s family has expressed satisfaction with the senior facility’s actions and says it has no plans to sue. More: ABA Journal, White Coat.
- McDonald’s worker complains she’s not paid $15/hour, but there’s a logical problem with that [David Henderson]
- EEOC Phoenix office signs pact with Mexican consulates to curb discrimination against illegals [EEOC press release]
- “Former Lawmaker (and Ex-Felon) Urges Connecticut To Ban Discrimination Against Felons in 2013″ [Daniel Schwartz]
- Connecticut: “NLRB sues to reinstate union saboteurs at nursing homes” [Gehrke, DC Examiner, Schwartz, Jillian Kay Melchior/NRO, earlier on pols that enable the strikers] More: Ivan Osorio.
- OSHA after clerk robbery: “handling money, working alone and standing behind open counters” expose employer to violations [OSHA press release]
- “N.D. Ill.: Under ADAAA, Asthma Triggered by Strong Perfume Might Be Disability” [Bagenstos]
- “Worker centers” allow organizers to dodge the legal responsibilities owed to workers by actual labor unions [Stefan Marculewicz and Jennifer Thomas, Fed Soc]