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Archive for the ‘Health Care’ Category

Sometimes you just have to shake your head and wonder what the hell our governor and our legislators are thinking when they make laws and stake out political positions on controversial topics like, say, meaningful legislation that would keep the mentally unstable prone to violence from obtaining weapons.

In the aftermath of the tragic shooting in that Lafayette movie theater that left two victims and the gunman dead and seven others wounded, Bobby Jindal opined that it was “not the time” to discuss the “politics” of Louisiana’s gun laws. For Bobby and his ilk (read: right-wing, neo-fascist, stand-your-ground idiots), there is never a right time to discuss such trite matters as Sandy Hook, Columbine, Aurora, Charleston’s Emanuel African Methodist Episcopal Church, or Lafayette’s Grand Theater.

Anything approaching legislation aimed at keeping guns away from the mentally disturbed or hate-consumed racists is anathema to those who cater to the NRA and the American Legislative Exchange Council (ALEC) and their demented, all-encompassing defense of the sacred Second Amendment.

JINDAL RECEIVING RIFLE FROM NRA

JINDAL RECEIVING GIFT RIFLE FROM NRA

A florist is required to obtain a license to sell flowers in Louisiana—even as the Brady Campaign’s “scorecard” on gun control ranked Louisiana the second-worst state in the U.S. in terms of laws designed to prevent gun violence. And that was in 2013, long before the Lafayette assault.

The Louisiana State Board of Dentistry has carte blanche to harass dentists for such infractions of publishing advertising of prohibited size or font, “violations” that in several cases have resulted in fines of six figures and which have literally put some dentists out of business. Meanwhile, Louisiana has the second highest firearm death rate and the highest gun-related homicide rate in America—even before the Lafayette shootings by John Houser.

Inspectors for the Louisiana Board of Cosmetology are allowed to barge into Vietnamese-owned nail salons, order everyone to freeze and proceed to pull out drawers and open cabinets searching for God knows what and to impose steep fines for vague infractions in much the same manner as the Board of Dentistry, all the while informing the Vietnamese operators that they are subject to “different rules for you guys.” But for some strange reason known only to the NRA and ALEC lapdogs like Jindal, Louisiana does not require private gun sellers (who, by the way, are not licensed dealers) to initiate background checks when transferring a firearm.

JINDAL RECEIVING GUN

JINDAL EXAMINING WEAPON DURING IOWA CAMPAIGN STOP

Police officers from Shreveport to New Orleans, from Lake Providence to Lake Charles, may (and often do) pull you over for the life endangering violation of not having an illuminated license plate (yep, gotta have a working light bulb over your license plate or you could get a ticket). But if you happen to have a gun in your vehicle when you’re pulled over….well, that’s okay provided you have a concealed carry permit.

Bobby Jindal and his NRA buddies in the Louisiana Legislature are all about the freedom to own and carry weapons and in 2010, Jindal even signed into law a bill (HB 1272) by Rep. Henry Burns (R-Haughton) that allows you to pack heat in a church, mosque, synagogue or any other house of worship. At the same time, Jindal has consistently cut funding for mental health care in Louisiana and even closed one mental health facility in New Orleans and privatized Southeast Louisiana Hospital in Mandeville. The Florida company chosen to run the facility, Meridian Behavioral Health Systems, was found to have deficiencies serious enough to threaten its eligibility to continue participation in Medicare.

JINDAL AND WIFE WITH GUNS

A FAMILY THAT SHOOTS TOGETHER….

Jindal sent out a Christmas card last December that featured a photo of the entire family clad in cammo and he has attached himself to the gun-totin’ Robertson family of Duck Dynasty fame in a way that is almost creepy. State Sen. Neil Riser even authored a bill (SB 178) that would give firearms dealers permission to offer voter registration forms at the point of sale, sending the clear message that voting (Republican, we assume) and the right to own a gun are somehow related and more important than curbing the homicide rate of say, Baton Rouge, which recently had a murder rate higher than that of Chicago. Yet, the Jindal administration rammed through its “deliberative process” catch-all bill in its 2008 “transparency” legislation that makes records of his office off limits to public scrutiny. Moreover, his Division of Administration, as well as other statewide agencies like the LSU Board of Supervisors, continue to throw up barriers to media access of public records.CHRISTMAS CARD

JINDAL FAMILY’S 2014 CHRISTMAS CARD (CLICK ON IMAGE TO ENLARGE)

But, Jindal continues to call for prayers and hugs in response to mass killings and to resist any dialogue on such divisive matters as curbing one’s right to defend life and property—no matter that the nation’s murder rate far outpaces the rate of self-defense shootings.

You see, now is just “not the time” to make political points.

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And the hits just keep coming.

Bobby Jindal, a little distracted in his presidential campaign by his pesky job back home in Louisiana, has yet more legal problems piling up on his desk.

Meanwhile, Jindal, laser focused on becoming the leader laughingstock of the free world, offered up one of his most confusing diatribes yet while on his 99-county tour of Iowa, offering conflicting comments that any reporter worth his press credentials should be salivating over about now.

As the infamous north Louisiana hospital deals, complete with a contract containing 50 blank pages, begins its inevitable collapse (predicted by just about anyone with an IQ higher than a cluster of wet Spanish moss), complete with litigation and a backdoor public relations campaign by the current operator of the LSU Medical Center in Shreveport and E.A. Conway in Monroe, yet another lawsuit has been slipped under the door.

The first court hearing for a lawsuit against the state Office of Group Benefits (OGB), the Office of the Governor and the state Division of Administration will be conducted July 27 in Baton Rouge District Court before Judge Janice Clark. The hearing is scheduled for 1 p.m.

And guess who the state’s defense attorney will be? Yep, you got it. Jimmy Faircloth who has enjoyed about as much courtroom success as Wiley E. Coyote in pursuit of the elusive roadrunner. The only thing missing from Faircloth’s courtroom misadventures are anvils and dynamite. In representing the state in the OGB litigation, Faircloth will be adding to more than the $1.5 million he has already received in other representations. It’s not all Faircloth’s fault of course; he has been given some dogs to defend by this hapless administration.

The lawsuit was brought by a group of state employees, teachers and retirees, who are asking the court to overturn changes to OGB’s health plans that took effect March 1—premium increases and reduced coverage that were predicted by LouisianaVoice way back when the privatization of OGB was first proposed by the Jindal administration.

Representing the plaintiffs is J. Arthur Smith III of the Smith Law Firm of Baton Rouge.

The plaintiffs are claiming that changes forced on them by OGB were not enacted legally and they were denied a reasonable opportunity, as required by the Louisiana Administrative Procedure Act, to comment on the proposed changes. The plaintiffs further maintain that the OGB and the administration violated due process, the contracts clause of the Louisiana Constitution and their fiduciary duties to plan participants. The plaintiffs also say that increased costs and decreased benefits pose a financial hardship that limits their access to healthcare services and needed medicines.

An association formed to fund the lawsuit, LA VERITE’ 2015, is registered with the Louisiana Secretary of State. LA VERITE’ is French for TRUTH, and stands for Louisiana Voices of Employees and Retirees for Insurance Truth and Equity. There are no dues and membership is open to any active or retired state employee, teacher, or other interested individual.

Plaintiff Marilee Cash, a retiree, said the goal of the lawsuit is to protect approximately 230,000 state employees, teachers, retirees and their dependents who have health insurance through the Office of Group Benefits. “Large increases in out-of-pocket expenses, combined with withheld pay increases for active employees and cost-of-living adjustments for retirees, pose a financial hardship for many people covered by OGB,” she said. “Our compensation has not kept up with inflation during Gov. Jindal’s administration, due to mismanagement of state funds and poor fiscal decisions. Before March 1, our healthcare costs and insurance premiums were manageable. Now these increased costs have put healthcare services out of reach for many dedicated public servants and retirees.”

The administration claims the changes were made to preserve the Group Benefits reserve, which has been drastically reduced as OGB reduced premium revenue while paying out increasing medical claims expenses. The fund, created by the premiums paid by those who are insured, stood at about $500 million just two years ago. Less than half that amount remains. The Jindal administration drew down the reserve by reducing employer contributions in order to balance the state budget and then using money saved from reduced employer contributions to patch holes in the state budget.

In Iowa, Jindal took what might be considered an ill-advised swipe at President Obama and the U.S. Supreme Court (you know, the court he said several days ago should be abolished) at the Family Leadership Summit over the weekend.

At issue was the court’s ruling on the court’s recent same-sex marriage decision that prohibits discrimination against gays by businesses.

“The next president should do what we did in Louisiana,” he said: “issue an executive order saying the federal government will not discriminate or take action against any individual or business that has a traditional view of marriage.”

But wait. Isn’t the ACLU suing Jindal over his May 19 executive order that he issued after the legislature shot down a bill by Rep. Mike Johnson (R-Bossier City) to pass the Marriage and Conscience Act?

And wait again. Didn’t Jindal recently go a little ballistic over executive orders issued by President Obama?

Yep. As a matter of fact, after calling on the next president to issue an executive order like his, he turned right around and said…Wait. We want to make that a separate paragraph:

            “We’ve got a president who has made it a consistent practice to ignore the Constitution, ignore the laws, issue executive orders,” Jindal said as he promised that if he is elected president, he would immediately rescind Obama’s “illegal” executive orders.

So, on the one hand, he wants to rescind Obama’s “illegal” executive orders while proposing that the next president (presumably himself) to issue an illegal executive order identical to his own “Marriage and Conscience” order—illegal because the governor may issue executive orders pertaining to the executive branch of government only and not on matters that affect private sector action of any kind, according to ACLU executive director Marjorie Esman.

But hey. Once again LouisianaVoice implores you to remember that it was a Jindal operative who told Division of Administration employees in a meeting, “Let’s not be bound by the law.” If that’s not downright Nixonian, then up is down, down is up, and Brenda Lee was acid rock.

Any bets as to who will be representing the state on the ACLU litigation?

We’re reminded of the joke that (and we’re paraphrasing to fit the situation here) Jindal is a lot like a slinky: Not really good for anything but they still bring a smile when you push them down a flight of stairs.

Except Jindal’s not a slinky. He’s more like a train wreck and the damage inflicted when he went off the rails was widespread and massive—and it impacted every one of us.

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PLEASE MOVE TO THE END OF THE LINE(CLICK ON IMAGE TO ENLARGE)

On the eve of Bobby Jindal’s anticipated earth shaking announcement that he is squeezing himself into the clown car of candidates for the Republican presidential nomination, I thought we should let our readers know that I am still on the job, appearances to the contrary notwithstanding.

As we wait with collective bated breath for word that Bobby is not only available but more than willing to do for the nation what he has done for Louisiana (God help us all, Tiny Tim), I remain cloistered in my cluttered home office, working diligently on my book, as yet untitled, in which I intend to fully document precisely what he has done for to Louisiana.

Among the topics to be covered are public education, higher education, health care, the state budget, campaign contributions, political appointments, ethics, privatization, his ALEC connections, the explosion in corporate tax breaks during his two terms, the lack of progress as reflected in myriad state rankings and surveys throughout his eight years as our largely absentee governor, the lack of transparency, his thinly veiled use of foundations and non-profit organizations to advance his political career, his intolerance for dissent (teaguing), his actual performance as compared to campaign promises as candidate Bobby, and his general incompetence.

I was asked on a local radio show if I could be fair to Jindal, given my personal feelings about his abilities as reflected in more than a thousand posts on this site. The short answer is: probably not. The long answer is I can—and will—be as fair to him as he has been to the state I love and call home. Because I do not claim to be objective (as opposed to the paid media who cling to that word as if it were some kind of Holy Grail), I am not bound by any rules that place limits on the expression of my opinions. I see what he has done, I understand the adverse effect his actions have had on this state, and I will offer my take on them for the reader to either accept or reject. If that is not fair, then so be it.

I have written about 60,000 words of an anticipated 100,000-word manuscript thus far. A couple of other writers have volunteered to contribute chapters, which should add another 20,000 words. I have a self-imposed deadline of July 1—give or take a few days—in which to have the rough draft completed. I also have several very capable editors poring over the chapters as they are completed. Their corrections, deletions, additions and suggestions will be incorporated into the final manuscript which is to be submitted to the publisher by late August.

The publisher originally gave me a publication target date of next Spring but recently moved the anticipated publication date up to January, with an e-book to be released possibly as early as this Fall.

That would coincide nicely with Jindal’s second ghost-written book, scheduled out in September.

There will be one major difference in our books: Mine will be based on his record while the source of his claims of balanced budgets and other wild, unsubstantiated assertions are certain to remain a riddle, wrapped in a mystery, inside an enigma (with apologies to Winston Churchill).

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State Treasurer John Kennedy on Tuesday told the House Appropriations Committee that the Division of Administration exerts extortion-like tactics against legislators and takes the approach that it should not be questioned about the manner in which it hands out state contracts and that the legislature should, in effect, keep its nose out of the administration’s business.

Kennedy was testifying on behalf of House Bill 30 by State Rep. Jerome Richard (I-Thibodaux) which provides for reporting, review and approval by the Joint Legislative Committee on the Budget (JLCB) of all contracts for professional, personal and consulting services totaling $40,000 or more per year which are funded exclusively with state general fund (SGF) or the Overcollections Fund. HB 30

HB 30 FISCAL NOTES

Kennedy, in a matter of only a few minutes’ testimony, attacked figures provided by three representatives of the Division of Administration (DOA) who objected to the bill because of what they termed additional delays that would be incurred in contract approval and because of claimed infringement upon the separation of powers between the legislative and administrative branches of government.

Here is the link to the committee hearing. While Kennedy spoke at length on the bill, the gist of his remarks about DOA begin at about one hour and 13 minutes into his testimony. You can move your cursor to that point and pick up his attacks on DOA. http://house.louisiana.gov/H_Video/VideoArchivePlayer.aspx?v=house/2015/may/0526_15_AP

That argument appeared to be a reach at best considering it is the legislature that appropriates funding for the contracts. It also appeared more of a smokescreen for the real objections: DOA’s, and by extension, Bobby Jindal’s wish that the administration be allowed to continue to operate behind closed doors and without any oversight, unanswerable to anyone.

DOA representatives tried to minimize the effect of the bill by downplaying the number and dollar amount of the contracts affected (which raises the obvious question of why the opposition to the bill if its impact would be so minimal). The administration said only 164 contracts totaling some $29 million would be affected by the bill.

Kennedy, however, was quick to jump on those figures. “The numbers the division provided you are inaccurate,” he said flatly. “The Legislative Auditor, who works for you,” he told committee members, “just released a report that says there are 14,000 consulting contracts, plus another 4600 ‘off the books.’

“The fiscal notes of 2014 by the Legislative Fiscal Office—not the Division (DOA)—said the number of contracts approved in 2013 by the Office of Contractual Review was 2,001—not 160—professional, personal and consulting service contracts with a total value of $3.1 billion,” he said. “I don’t know where DOA is getting its numbers.

“To sum up their objections,” he said, “it appears to me that DOA and more to the point, the bureaucracy, is smarter than you and knows how to spend taxpayer dollars better than you. That’s the bottom line. They don’t want you to know. This bill will not be overly burdensome to you. Thirty days before the JLCB hearing, you will get a list of contracts. If there are no questions, they fly through. If there are questions, you can ask.”

Kennedy tossed a grenade at DOA on the issue of separation of powers when he accused the administration of blackmailing legislators who might be reluctant to go along with its programs.

“Let’s talk about how the division’s advice on contracts has worked out,” he said. “The Division advised you to spend all the $800 million in the Medicaid Trust Fund for the Elderly. Now they have zero in that account. In fact, they pushed you to do that. Some of you were told if you didn’t do that, you’d lose your Capital Outlay projects. How’s that for separation of powers? How’d that work out for you?

“My colleagues from Division who just testified against the bill are the same ones who told you to take $400 million out of the (Office of Group Benefits) savings account set aside to pay retirees’ and state employees’ health claims. How’d that work out?”

Kennedy didn’t stop there. He came prepared with an entire laundry list of accusations against the administration.

“My colleagues from Division are the ones who told you, ‘Look, we need to privatize our health care delivery system,’ which I support in concept. They sat at this table and I heard them say we would only have to spend $600 million per year on our public-private partnership and (that it would be) a great deal ‘because right now we’re spending $900 million.’ I thought we’d be saving $300 million a year. Except we’re not spending $600 million; we’re spending $1.3 billion and we don’t have the slightest idea whether it’s (the partnerships) working. How’d that work out for you?

“I sat right here at this table and I heard my friends from Division say we need to do Bayou Health managed care. You now appropriate $2.8 billion a year for four health insurance companies to treat 900,000 of our people—not their people, our people,” he said. “There’s just one problem: when the Legislative Auditor goes to DHH (the Department of Health and Hospitals) to audit it (the program), they tell him no.”

Kennedy said that pursuant to orders from DOA, “the only way they can audit is if they take the numbers given him (Legislative Auditor Daryl Purpera) by the insurance companies.

“This is a good bill,” he said. “It’s not my bill. My preference is to tell Division to cut 10 percent on all contracts and if you can’t do it, you will be unemployed. But this bill allows you to see where the taxpayer money is being spent.

“I have more confidence in you than I do in the people who’re doing things right now,” he said.

Kennedy said he was somewhat reluctant to testify about the bill “but I’m not going to let this go—especially the part about separation of powers.

“You want to see a blatant example of separation of powers?” he asked rhetorically, returning to the issue of the administration’s heavy handedness. “How about if I have a bill but you don’t read it. You either vote for it or you lose your Capital Outlay projects. How’s that for separation of powers?”

That evoked memories from November of 2012 when Jindal removed two representatives from their committee assignments one day after they voted against the administration’s proposed contract between the Office of Group Benefits and Blue Cross/Blue Shield of Louisiana.

“Everything they (legislative committees) do is scripted,” said Rep. Joe Harrison (R-Gray), speaking to LouisianaVoice about his removal from the House Appropriations Committee. “I’ve seen the scripts. They hand out a list of questions we are allowed to ask and they tell us not to deviate from the list and not to ask questions that are not in the best interest of the administration.” http://louisianavoice.com/2012/11/02/notable-quotables-in-their-own-words-142/

Rep. John Schroder (R-Covington) asked Kennedy what his budget was to which Kennedy responded, “Less than last year and less that year than the year before and probably will be even less after this hearing. But you know what? I don’t care.

“There’s nothing you can say to get Division to support this bill,” he said. “They’re just not going to do it.

“You can’t find these contracts with a search party. But if you require them to come before you, you can get a feel for how money is being spent that people work hard for and you can provide a mechanism to shift some of that spending to higher priorities.

“Next year, you will spend $47 million on consulting contracts for coastal restoration. I’m not against coastal restoration; I’m all for it. But these consultants will not plant a blade of swamp grass. Don’t tell me they can’t do the job for 10 percent less. That $47 million is more than the entire state general fund appropriation for LSU-Shreveport, Southern University-Shreveport, McNeese and Nicholls State combined.

“Under the law, agencies are supposed to go before the Civil Service Board and show that the work being contracted cannot be done by state employees but that is perfunctory at best,” Kennedy said.

To the administration’s arguments of delays in contract approvals and infringements on the separation of powers, Rep. Brett Geymann (R-Lake Charles) dug in his heels. “This is not a bad thing,” he insisted. “We’re not going to go through every page of every contract unless someone calls it to our attention. It doesn’t matter if it’s 14,000 or 14 million contracts. The number is immaterial. If there’s an issue with a contract, we need to look at it.”

For once, the administration did not have its way with the legislature. The committee approved the bill unanimously and it will now move to the House floor for debate where Jindal’s forces are certain to lobby hard against its passage.

Should the bill ultimately pass both the House and Senate, Jindal will in all likelihood, veto the measure and at that point, we will learn how strong the legislature’s resolve really is.

But for Kennedy, the line has been drawn in the dust.

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That hateful, smugly, self-serving Executive Order 15-8 signed by Grovernor Jindal on Tuesday could ultimately blow up in his face, although his tenure as grovernor will be long over by the time the courts get around to ruling on his license to openly discriminate against gays.

In case you’ve been living in a cave these past few months, Jindal signed the executive order this week, in effect enacting the Louisiana Marriage and Conscience Act only hours after House Bill 707 by freshman Rep. Mike Johnson (R-Bossier City) was rejected in a 10-2 vote by the House Civil Law Committee.

Similar bills were passed by state legislatures in Indiana and Arkansas earlier this year.

Standing beside Jindal as he made the announcement of the executive order was Johnson but that ceremony could well be as close to a victory for the bill as the two tools of Gene Mills, Tony Perkins and Grover Norquist will get.

That’s because a challenge to a previous executive order, BJ 2012-16 (that would be the 16th executive order of year 2012) was upheld by the First Circuit Court of Appeal in Baton Rouge back in December and last month the Louisiana Supreme Court declined to hear the matter.

Janice Clark, 19th District Court Judge in Baton Rouge had approved the state’s motion to dismiss the case brought by the Louisiana Hospital Association (LHA) and the Louisiana State Medical Society against the Department of Insurance over Jindal’s executive order. The case will now be tried on its merits in state district court as a result of the higher court’s reversal.

Though far from over, observers will be watching the LHA closely case as it unfolds so as to gauge the effect it has on the governor’s powers to issue executive orders such as the one he handed down on Tuesday relative to the so-called marriage and conscience act which opponents see as little more than an effort to legally deny services by retail establishments, schools and medical facilities to gay couples.

The decision by the First Circuit, throwing the challenge to Jindal’s 2012 executive order back into state district court could impact his latest executive decision as well—long after a new governor has moved into the Capitol’s fourth floor. https://casetext.com/case/la-hosp-assn-la-state-med-socy-v-state

That 2012 order, creating Rule 26, suspended existing laws and granted far-reaching powers to Commissioner of Insurance Jim Donelon in the wake of Hurricane Isaac in August of 2012. The order’s justification was that Donelon could “be hindered in the proper performance of his duties and responsibilities…without the authority to suspend certain statutes in the Louisiana Insurance Code and the rules and regulations that implement the Louisiana Insurance Code including, but not limited to, cancellation, nonrenewal, reinstatement, premium payment and claim filings with regard to any and all types of insurance subject to the Louisiana Insurance Code.”

Accordingly, Jindal made the suspension of rules applicable to all insurance lines, including health maintenance organizations (HMOs), health and accident insurance, as well as property and casualty lines. Read the entire Rule 26 HERE.

LHA and the State Medical Society immediately filed their joint petition seeking preliminary and permanent injunctive and declaratory relief against the Department of Insurance, challenging the constitutionality of the rule.

Along with several other specific challenges, they claimed that the state statute does not grant the governor the authority to make “substantive, affirmative law.”

But it is the challenge to the governor’s authority to make “substantive, affirmative law” that should attract the attention of opponents of this week’s executive order.

It’s not likely that a ruling will be made on the 2012 executive order and the accompanying Rule 26 before Jindal leaves office and even it a ruling does come down, it’s likely to be appealed. But should a ruling adverse to his 2012 order, especially on the point of the governor’s ability to make law, result, it would obviously bolster the courage of opponents of the latest order creating the marriage and conscience act that specifically singles out gays on religious grounds but which could conceivably be expanded to other target groups.

No matter which direction the legal winds ultimately blow, the resulting publicity will be used by Jindal to continue to project himself onto the national stage, an invitation that has thus far eluded him.

If he wins, he will crow that justice has prevailed because his policy was on the same page with God. Should he lose, obviously, the judiciary will have come under left-wing, liberal influence.

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