Archive for July, 2009

The Importance Of Getting It Right

Sunday, July 19th, 2009

By Brother Bradley J. Fikes, C.O.R.

Investors Business Daily last week wrote an inaccurate editorial against the health care bill now in Congress, basing its claim on a passage in the bill (PDF) it said would outlaw individual private health insurance. Worse, much of the dextrosphere uncritically passed along the false information.

At first, I first thought IBD had a sensational scoop. But I always like to check things out for myself. IBD didn’t provide a link to the bill, but I found it elsewhere, and read the passage. IANAL, but I am an English major, and the plain reading of the context differed greatly from what IBD said. It was like taking a few words out of a bad movie review, and stringing them together with ellipses to say something completely different.

While a few right-leaning bloggers like Tom Maguire pointed out the error, many others just brushed off criticism of the editorial as ideologically motivated and therefore wrong. They didn’t sufficiently consider that ideological motivation and the correctness of one’s beliefs don’t have to correlate.

The IBD editorial selectively quoted from a passage that defines what “grandfathered” health insurance consists of to make its case.

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What did you expect ?

Saturday, July 18th, 2009

The Obama health care “reform” contains a love note to his friends the lawyers. Some reform advocates have been asking for tort reform as an essential part of any health care reform. Now they know how that went.

Contacts on Capitol Hill inform me that Republicans yesterday managed to block a remarkable provision that had been slipped into the House leadership’s 794-page health care bill just before it went to a House Ways & Means markup session. If their description of the provision is accurate — and my initial reading of the language gives me no reason to think it isn’t — it sounds as if they managed to (for the moment) hold off one of the more audacious and far-reaching trial lawyer power grabs seen on Capitol Hill in a while.

Obama giving a gift to the trial lawyers ? I find that hard to believe-not !

A bit of language on p. 714, I am told, would remove a significant barrier to litigation, namely a rule authorizing a lien action to be filed on behalf of Medicare only after a previous “judgment”, that is to say, only after the success of an earlier lawsuit (by the injured party) establishing responsibility for the injury.
Language on p. 715 would double damages in cases of “intentional tort or other intentional wrongdoing”.

P. 716 specifies that “any person” may bring the action, that is, it need not be a lawyer representing the injured person or any other injured person.

P. 717: the bounty would be a rich one, 30 percent plus expenses.

This involves the phenomenon of an injured party, say in an auto accident, being compensated for medical costs by two sources of insurance, the Medicare program (in the case of a beneficiary) plus the liability insurance of the other driver (or the victim’s own medical benefits coverage). The health insurance or Medicare may then sue to recover benefits paid from the victim’s health insurance by being reimbursed by the party at fault’s liability coverage. I dealt with this all the time in the trauma center. Generally, this required a judgement determining fault.

Now, a bounty hunting trial lawyer, the “other person” means he doesn’t even have to represent a party to the case, can file suit and collect 30% of damages paid.

Obama’s gift to the trial lawyers will do nothing to save costs. It does help with those contributions, though. So far the Republicans blocked it but don’t bet on this in the final version. Doctors who support OBama have been asking for tort reform as part of health care reform. Doctors get screwed, as usual.

What has happened to the Republicans ?

Friday, July 17th, 2009

We have complained about Republican Congressmen spending and supporting statist legislation once they are safely elected. Had the Republican Congress remained close to its conservative principles during Bush’s terms, we would not be looking at President Obama and Speaker Pelosi as they spend us into oblivion. How did this happen ?

Here is a hint.

The American Conservative Union asked FedEx for a check for $2 million to $3 million in return for the group’s endorsement in a bitter legislative dispute, then flipped and sided with UPS after FedEx refused to pay.

For the $2 million plus, ACU offered a range of services that included: “Producing op-eds and articles written by ACU’s Chairman David Keene and/or other members of the ACU’s board of directors. (Note that Mr. Keene writes a weekly column that appears in The Hill.)”

This is simply outrageous and shows us what has happened to “conservative” organizations.

Here is the letter I especially like the American flag at the top corner. Better they should have placed a dollar bill there.

The letter accuses FedEx of “falsely and disingenuously” labeling the rules change a “bailout” for UPS, since FedEx would become subject to the same arduous union structure.

The letter is also signed by Grover Norquist, president of Americans for Tax Reform, who is also on ACU’s board. FedEx is pushing its case with a website called www.BrownBailout.com.

I have been suspicious of Grover Norquist for some time. He seems to have some strange Islamic friends, among other things. These people are professional fund raisers and, if one side won’t pay, they are happy to support the other.

The basic issue is an attempt to punish FedEx because it is nonunion even though the union rules would probably disrupt its operations. I don’t blame UPS for trying to damage a competitor but why would a “conservative” group be supporting them after what happened to GM and Chrysler ?

This guy has a history of copping out, I guess.

More Global Warming

Wednesday, July 15th, 2009

The problem with much of the global warming debate/hysteria has to do with the accuracy of the measurement of surface temperature, which is warmer than the space measurements. What is the problem ? One is what is called Urban Heat Islands, or UHI, and represents the confounding effect of large masses of concrete which absorb and retain heat from the sun. To avoid this factor, there has been emphasis on using rural locations for heat sensors. This introduces the problem of airports, often the site of “rural” temperature monitor stations. The black tarmac, used by airports for parking aircraft and even for landing strips in smaller airports, is even worse as a heat island than big cities. It absorbs heat from sunlight and retains it. How many rural monitoring stations in the US are NOT located at airports ?

Answer- None !

NOAA says that 345 of the stations it passes on to GISS are rural and presumably free of UHI influence. Fifteen of those stations are located in the US. However, only 201 of those rural stations are not located at an airport, and therefore presumably free of UHI effects (including tarmac heat sinks). In the US, only one of the fifteen stations is listed as both rural, and not located at an airport: Ely / Yelland in Nevada.

Doh!!! As noted above, that station is located at an airport – confirmed not just by Google Earth, but also by NOAA’s NCDC website as well! This means that all of the US temperatures – including those for Alaska and Hawaii – were collected from either an airport (the bulk of the data) or an urban location.

Why is this extra, extra important ?

Why are “dark” stations important? Recall that GISS uses dark stations to adjust for UHI in the urban stations. With only 128 dark stations available, none being in the US, it would seem this is an impossible task.

Fortunately, GISS adjustment rules allow old data to be used in adjusting new data. The older “non-reporting” rural weather stations continue to adjust reporting urban stations, even though the most recent two years of overlap is missing.

Once again, we are dependent on computer simulations while we decide whether to destroy the US economy to reduce global temperature by 0.09 degree F in 2050.

This is insanity but the AGW zealots may have finally overreached with Cap and Tax.

Memorials

Wednesday, July 15th, 2009

This is an e-mail circulating on the internet and I want to post it here.

SWifty

We’re hearing a lot today about big splashy memorial services.

I want a nationwide memorial service for Darrell “Shifty” Powers.

Shifty volunteered for the airborne in WWII and served with Easy Company of the 506th Parachute Infantry Regiment, part of the 101st Airborne Infantry. If you’ve seen Band of Brothers on HBO or the History Channel, you know Shifty. His character appears in all 10 episodes, and Shifty himself is interviewed in several of them.

I met Shifty in the Philadelphia airport several years ago. I didn’t know who he was at the time. I just saw an elderly gentleman having trouble reading his ticket. I offered to help, assured him that he was at the right gate, and noticed the “Screaming Eagle”, the symbol of the 101st Airborne, on his hat.

Making conversation, I asked him if he’d been in the 101st Airborne or if his son was serving. He said quietly that he had been in the 101st. I thanked him for his service, then asked him when he served, and how many jumps he made.

Quietly and humbly, he said “Well, I guess I signed up in 1941 or so, and was in until sometime in 1945 . . . ” at which point my heart skipped.

At that point, again, very humbly, he said “I made the 5 training jumps at Toccoa, and then jumped into Normandy . . . . do you know where Normandy is?” At this point my heart stopped.

I told him yes, I know exactly where Normandy was, and I know what D-Day was. At that point he said “I also made a second jump into Holland , into Arnhem .” I was standing with a genuine war hero . . . . and then I realized that it was June, just after the anniversary of D-Day.

I asked Shifty if he was on his way back from France , and he said “Yes. And it’s real sad because these days so few of the guys are left, and those that are, lots of them can’t make the trip.” My heart was in my throat and I didn’t know what to say.

I helped Shifty get onto the plane and then realized he was back in Coach, while I was in First Class. I sent the flight attendant back to get him and said that I wanted to switch seats. When Shifty came forward, I got up out of the seat and told him I wanted him to have it, that I’d take his in coach.

He said “No, son, you enjoy that seat. Just knowing that there are still some who remember what we did and still care is enough to make an old man very happy.” His eyes were filling up as he said it. And mine are brimming up now as I write this.

Shifty died on June 17 after fighting cancer.

There was no parade.

No big event in Staples Center .

No wall to wall back to back 24×7 news coverage.

No weeping fans on television.

And that’s not right.

Let’s give Shifty his own Memorial Service, online, in our own quiet way. Please forward this email to everyone you know. Especially to the veterans.

Rest in peace, Shifty.

“A nation without heroes is nothing.” (Roberto Clemente)

Pass it on.

Leahy lies

Monday, July 13th, 2009

Senator Patrick Leahy is apparently attempting to portray Republican questioning of nominee Sotomayor as racist in some fashion. In order to support this version of the facts, he lied today in public.

When Senator Lindsey Graham used the example of Republican support for President Bush’s D.C. Circuit nominee Miguel Estrada to make the elementary point that Republican concerns about Judge Sotomayor are based on her judicial philosophy, not on her Hispanic ethnicity, Judiciary Committee chairman Pat Leahy saw fit to respond in this way:

I’d just note, just so we make sure we’re all dealing with the same facts, Mr. Estrada was nominated when the Republicans were in charge of the Senate, was not given a hearing by the Republicans. He was given a hearing when the Democrats took back the majority in the Senate ….

Well, let’s “make sure we’re all dealing with the same facts,” Senator Leahy:

1. President Bush announced his nomination of Estrada to the D.C. Circuit on May 9, 2001. Fifteen days later, Senator Jeffords left the Republican Party and flipped control of the Senate from the Republicans to the Democrats. Leahy surely remembers that well, both because Jeffords was his fellow Vermonter and because the flip made him chairman of the Judiciary Committee.

Leahy was once dismissed from the Senate Intelligence Committee, in days when the Senate took national security seriously regardless of party, for disclosing secret material.

He is not to be trusted.

Associated Press Errors Tracked In New Blog

Saturday, July 11th, 2009

By Bradley J. Fikes

Fed up with ignorant, error-filled stories in the MSM? A new project has been launched to help with a big part of that problem, the Associated Press.

AP is by far the dominant news service for newspapers and other journalism outfits across the country. However, its articles are frequently marred by sloppy errors, poor logic and blatant misinformation. This is a disservice to readers, who get inaccurate information, and to the newspapers, that pay good money for what are supposed to be accurate stories.

That’s the reason for AP Watch, a project to monitor and correct major AP errors, especially those that negate the premise of the story. This is a non-ideological project. AP Watch doesn’t care where the chips fall, as long as the facts are correctly presented.

Click here to read more about the blog, and how you can get involved.

(DISCLAIMER: As with everything I post here, this is my opinion, and does not necessarily reflect the views of my employer, the North County Times).

Obama is losing the PR war on health care

Friday, July 10th, 2009

This column in the NY Post by an Obama supporter misses the point but does show he is in trouble.

When asked to choose the best reason to support health-care reform, 34 percent chose “it will provide stable health coverage that can’t be taken away.” Only 12 percent chose “pay less in premiums,” and 7 percent chose “it will grow the economy.” Eighteen percent said that “health care is a moral right.”

The survey found that “42 percent of people who are currently covered changed coverage at least once in the last five years. For 57 percent of them, this change was involuntary. Among those who are currently covered, 38 percent said they are worried that they will lose coverage over the next five years.”

But that’s not what he is doing. He is telling people he will cut costs by rationing.

Obama’s central message so far has focused on the promise of lower costs for health coverage and more accessibility. But the poll (conducted by the Benenson Strategy Group) suggests that these aren’t the most potent issues.

In fact, a mere 29 percent of respondents agreed with the promise that their premiums would go down as a consequence of reform. And regarding “accessibility,” only 9 percent said that in the last five years they were without coverage all or most of the time.

Moreover, when asked, “Who do you think will benefit most from reform?” a whopping 60 percent chose “other people, but not [me].”

The majority of the country may have been dumb enough to elect him but they’re not this dumb. Mickey Kaus says It’s Obama’s own fault for raising the issue of cost and then getting into the whole issue of “effectiveness research.”

WaPo’s Alec MacGillis notes that Obama’s health care reformers
are clearly spooked by the notion that they could be accused of denying, for example, hip surgery to an 80-year-old.
If so, they largely have themselves to blame. They brought it up! It wasn’t the Republicans who billed health care reform as a cost saving, budget-balancing measure that would start to deny payments for treatments deemed “ineffective,” or (as one acolyte put it) when “a person’s life, or health, is not worth the price.” And to think when they heard that people started to worry about rationing! Fancy that.

The subject has now become rationing and that is not a debate they want to have with Canada next door publishing horror stories every week.

Total waiting time between referral from a general practitioner and treatment, averaged across all 12 specialties and 10 provinces surveyed, fell from 17.9 weeks in 2004 back to the 17.7 weeks last seen in 2003.

So, you want to wait 17 weeks to see a GP. What do you suppose the wait will be for a hip replacement ? Well, the average for all orthopedic surgery is 38 weeks and that includes minor procedures like wrist ganglion that I treat with a heavy book or aspiration.

The median wait for a CT scan across Canada was 4.8 weeks. British Columbia, Alberta, Ontario, New Brunswick, and Nova Scotia had the shortest wait for CT scans (4 weeks), while the longest wait occurred in Manitoba (8 weeks). The median wait for an MRI across Canada was 10.1 weeks. Patients in Ontario experienced the shortest wait for an MRI (7.8 weeks), while Newfoundland residents waited longest (20 weeks). The median wait for ultrasound was 3.9 weeks across Canada. Alberta and Ontario displayed the shortest wait for ultrasound (2 weeks), while Prince Edward Island and Manitoba exhibited the longest ultrasound waiting time (10 weeks).

The other subject that is not being mentioned is the fact that no one is going into general surgery anymore. That’s an exaggeration but the number of people completing general surgery residencies has not increased in 20 years and many of them go into subspecialties with better lifestyles. There were fewer surgeons being certified by the American Board of Surgery in 2008 than in 1981. The type of “reform” that Obama has in mind, with steep reductions in compensation for specialists, will cause a crash in the number of surgeons, just as has happened in Canada.

If you don’t believe that, ask Natasha Richardson.

Whoops !

Thursday, July 9th, 2009

It seems as though a light is dawning somewhere.

The Rasmussen Reports daily Presidential Tracking Poll for Thursday shows that 30% of the nation’s voters now Strongly Approve of the way that Barack Obama is performing his role as President. Thirty-eight percent (38%) Strongly Disapprove giving Obama a Presidential Approval Index rating of –8.

Hmmm

Sixty two to go.

More whoops !
Independents are deserting the ship.

“This is a huge sea change that is playing itself out in American politics,” said Democratic pollster Doug Schoen. “Independents who had become effectively operational Democrats in 2006 and 2008 are now up for grabs and are trending Republican.

“They’re saying, ‘Costing too much, no results, see the downside, not sure of the upside,’” he said.

The White House denies there’s been any real shift.

Oh oh.

Apres Moi, Deluge

Wednesday, July 8th, 2009

UPDATE: There is a state that is working. It is called Texas, and the Economist has a report.

The French king, Louis XV, is said to have predicted that “the deluge” would follow his reign. His great grandfather, Louis XIV, the “Sun King” had reigned for 72 years, from the age of five. he left France glorious but financially ruined. One wit of the time said if the courtiers could be convinced to put paper on their walls and gold in their pockets, the kingdom would be far better off. They did not and profligacy continued. Finally, it all ended with the hapless grandson of Louis XV when he ( Louis XVI) and his young wife, Marie Antoinette went to the guillotine.

Something like this is happening in California as the public employee unions are determined to prevent any attempt to rationalize the state’s finances. Now, they will try to block insolvent cities from filing bankruptcy.

Mendoza’s bill would not only empower the commission to regulate bankruptcy filings but allow it to impose conditions on the filings they do allow, which is the nut of the issue. Local governments that file for bankruptcy may be able to abrogate their labor contracts, but if AB 155 becomes law, the debt commission could – or at least the unions hope they would – block abrogation.

You’d think IOUs would be enough to convince them of the seriousness of the problems. Louis XVI wavered and almost was persuaded of the necessity for financial reform but his arrogant nobles were convinced they could overcome the rabble.

Tumbrils, anyone ?