Saturday, November 23, 2013

Was Police Brutality The Cause Of This Boy's Injuries?

Photo of  Joseph Williams after being in custody
14-year-old Joseph Williams from Tullytown, PA, went out to Walmart with his 19-year-old cousin. Subsequently, he was detained by store security and then arrested by Tullytown police after being accused of shoplifting $31.93 worth of products.

After being handcuffed, the youngster escaped and ran toward the highway. The police claim that they fired a taser at the youth and that the injuries to his face resulted from the boy falling forward and landing on his face while still being handcuffed.

But, frequently, mothers do know best and Marissa Sargeant, Joseph's mother, states that he must have been punched several times in order to have the injuries he displayed. Mother's complaints involved the fact that her child was taken to the hospital without her consent, where they determined that the boy had a broken nose and both eyes were blackened and swollen. In addition, the police questioned this minor youth without an adult guardian being present.

Buck's County District Attorney David Heckler released a statement in which he alleges that all the injuries displayed by this boy resulted from his falling on his face without being able to use his arms to break his fall. But Marissa Sargeant still believes that her boy has more injuries than could be explained by falling on his face. He has cuts and bruises beyond what would be demonstrated from a fall - and she wonders how both of his eyes could be blackened and bruised.

Ms. Sargeant may have a number of points here. Young Joseph was detained and held for three days after his injuries, at a juvenile detention facility, during which time the mother was not allowed to visit. And then the first thing she sees are his facial injuries. Exactly what was going on here? Was the police department and corrections trying to hide the severity of his injuries? At least that was what I would have been thinking. No matter what anyone may think of the alleged actions of this boy, how is it that law enforcement questions a minor child without the presence of an adult guardian? Children's minds operate differently and when police officer yell at them or continuously tell them that they have committed a crime, they may eventually agree because they're hungry, tired, promised they can go home. For kids, police officers represent authority and they may be motivated to please that adult, especially when you put a black child in the custody of a white police officer. So, a child needs to be accompanied by an adult advocate to provide more objectivity and prevent exploitation and false admissions of wrongdoing.
Tullytown police
Then there is the issue of the injuries themselves. As a mental health nurse, I have treated my share of teens who have fallen face down on the hard floor or pavement without being able to brace for the fall. I have never seen this severity of injury, however. In my opinion, something else must have happened to cause that amount of damage. I do hope that some more objective people can find the truth of the matter, since I believe that no matter what this boy did, he didn't deserve to be hurt this way.

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Saturday, November 9, 2013

The Scoop On ACA

After the government was reopened in the middle of last month, the noise level about the ACA increased substantially. Depending on point of view, the opinions skewed in various directions. That means that it became quite difficult to figure out what was true and what wasn't true.

I'll make an attempt to explain this section of the law, in which the plans will go into effect as early as Jan 1. Everyone has until Mar 31 to enroll, otherwise the monetary penalty will take effect. Those who want the insurance to start on Jan 1 must enroll by Dec 15. The problems with enrolling have occurred primarily with those who are trying to register online. I will go into those issues later. But there are 3 other ways to register: call the 800 number on your State's exchange; download, print, and mail the application and a code will be sent back to you to finish the enrollment process online; or you can meet one-to-one with a navigator (a real person) at a designated site (look up the closest one on the online site) to choose a plan and find out the amount of discount you can receive.

Now, the problems on the web sites come from the fact that you have to register for a password in order to access the plans and prices on the exchange. Registering to look at plans does not mean that you must choose a plan. However, in order to see what discount applies to you, there is more information to complete, such as what you entered on your last income tax forms from 2012. So, first, you have to realize that without completing this additional information, you see plan prices that are higher than when you fill out the application (different from your registration information). By the way, the only health information requested is whether or not you smoke, since pre-existing conditions do not add to the price of a plan. Plan prices, deductibles, and copays are classified into bronze, silver, gold, and platinum. The least expensive plans are bronze, but they have higher deductibles and copays. Platinum plans cost the most, but may not have any deductibles or copays and also the lowest out-of-pocket maximums. Now, given all of this information, the ACA plans provide, by law, that PCP visits, recommended bloodwork, and recommended procedures are done at no-charge. The emphasis is on encouraging beneficiaries to get recommended primary care, in order to prevent the development of more expensive illnesses.


Most recently, the biggest controversy was that some plans announced that they were ending on Dec 31, so people who had purchased them are finding they have to look to the government health exchanges. Why did these plans announce a termination date after the President had assured the public that they could keep their current health plans and practitioners if they happened to be satisfied? Well, that was something the President couldn't control. Some insurance companies realized that their plans didn't comply with ACA, so they decided to stop offering those plans. Now, there were also dishonest companies which emphasized their end date, but then offered higher priced plans and their customers had to make a decision to pay the higher price or wait to see the health exchange prices. Some States recognized this as a scam and proceeded to fine the companies involved - KY did this in the case of Humana. A separate issue that might also cause confusion is that consumers can also access and buy insurance from commercial marketplaces, which look quite similar to the exchanges, but the prices can be higher and there is no subsidy. Make sure you are on the government site for your State, not these other marketplaces that look the same.

I spent most of Oct trying to enroll and was finally able to do so before the end of the month. Ease of use and functionality actually depend on the State in which you live. If you were so lucky to live in a State that designed its own exchange, like KY, the process was seamless, self-explanatory, and worked from the start. My State of MD designed its own, but has run into problems in the interface with the federal web site, the part which identified the individual and matched the person to income tax return. Actually, part of that fault arose because the State asked for this year's income, rather than last year's, so then there was trouble matching the person and the return, and then when that was corrected, somehow the connection with the plans got broken. But those States which developed their own exchanges also expanded those who qualified for Medicaid, so that those who earned a percentage higher than the poverty level now have a very economical way to access that more robust insurance. However, in WI, for example, Gov Walker was one of those who objected to ACA and he refused to develop the State exchange or expand Medicaid, all to the detriment of WI citizens. So, that left constructing the exchanges to the federal government. In addition, Gov Walker somehow allowed insurance companies which operate within the State to charge much more than they can in other States. The difference in price can cause insurance rates to be double the rates of most other States, so essentially those who live in WI have the highest prices in the US.

Why did the glitches online happen? Well, nothing is perfect in the digital world. Remember the many times that the Blackberry interface with the internet shut down? Remember how Windows Vista operating system disappointed users with its buggy interface? Even, MSN, which charges users to have full functionality has been known to crash. Then there are those denial of service situations, in which so many people try to get onto a website that all that usage causes the servers to stop working properly, as happened to the NY Times in Aug. It happens - and it can take quite some time to fix it. In fact, one site to which I subscribe and pay a fee to use, had changed to a different server company, only to find out that paying subscribers couldn't use it because they couldn't log on. It took that company 6 weeks to repair the problem. So, the fact that there was no quick fix was not surprising. In fact, what has been attempted with ACA was far larger than anything else that was ever done online. The biggest connecting piece was the fact that every exchange, all 51 (including DC), had to connect accurately with the IRS, which had to have the capability of identifying each person who enrolled. Not only that, but each exchange is different, because each State has different laws which apply to health insurance. This was quite an undertaking! But it is getting better, the numbers of enrollees continue to increase, and this isn't the end of the enrollment period. Remember, the enrollment period ends on Mar 31, when those who didn't enroll become subject to the tax penalty.

If you happen to be one of those people who believe you are invulnerable and really don't need health insurance, think again. It doesn't take much for you to find yourself waking up in the shock trauma unit with massive injuries and no way to pay. Not only did you gamble with your finances and your well-being, but you now face being charged the maximum the hospital can charge for your health care. You see, by having insurance, you can only be charged what that company negotiated with the health care facility, even if you have a catastrophic deductible. Now, not only do you have a disability from the injuries, you face bankruptcy, and every dollar that you can manage to earn, if you can continue to work will be garnished at a certain percentage to pay off the bills for your care. So, health care insurance looks more like a good investment for you. Don't gamble by not signing up for a plan!

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Saturday, November 2, 2013

Alabama Blogger Beaten And Arrested

Roger Schuler's Mug Shot
It's not easy being a journalist in Alabama, especially when you write about controversial issues. Such was the case with Roger Schuler, the voice of LEGAL SCHNAUZER. You see, he was reporting in detail about the alleged affair between Liberty Duke, a State lobbyist, and attorney Rob Riley, son of a previous Republican governor. Mr. Schuler's interest was piqued by the divorce proceedings between William and Liberty Duke, who had been married for fourteen years. It was Mr. Schuler's belief that the alleged affair and the divorce proceedings occurred within a specific time period, so the know fact of the divorce supported the conjecture of an affair. In fact, he concludes that the divorce settlement, which was quite favorable to William Duke, proves the affair, despite the fact that Liberty Duke denied that affair under oath.

So, the alleged injured parties, Rob Riley and Liberty Duke, brought the case into the legal system and the judge ordered Mr. Schuler to stop writing about this issue and erase all posts that involve both parties. However, as of Oct 24, Mr. Schuler continued to write in his blog about the issue (the date of the last post). On Oct. 23, sheriff''s deputies from Shelby County encountered Mr. Schuler in his garage, beat him, maced him, and arrested him, according to reports. A mug shot shows Mr. Schuler's face with unmistakable areas of swelling and bruising.
Roger Schuler before his encounter with sheriff's deputies
So far, Mr. Schuler remains incarcerated, under order from the judge, with no bond set. There is an arrest warrant signed by Judge Jay Murrill and dated Oct 7. As of this moment, Mr. Schuler's wife is barricaded in their home, afraid to answer the door, for fear that the local authorities will be at the door, ready to pull the plug on her husband's website.
Logo of Shelby County Sheriff's Office
Many of us may wonder why Mr. Schuler continued to keep the disputed information posted, despite the judge's order. There is always the referral to the first amendment freedom of speech rights. But there are also protections for people who are not in the public eye, such as slander and libel laws. That begs the question of whether Liberty Duke and Rob Riley are sufficiently in the public view to allow a certain amount of conjecture about behaviors to be freely discussed in public forums. And just how public is Mr. Schuler's blog, anyway? You'd have to find out how many visitors the blog received and how many of those were local and even knew the key players. And now, with the addition of cyber-bullying laws (if Alabama, indeed has those), how would you judge what Mr. Schuler was writing? The answers are not entirely clear. But even with the complexity of the issues, though, the question remains, no matter what your personal feelings about Mr. Schuler: Does anyone in law enforcement have the right to leave Mr. Schuler looking like he does in his mug shot?
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