Holder: Justice Department will respond to judge

Attorney General Eric Holder speaks at the National Forum on Youth Violence Prevention in Washington, Monday, April 2, 2012. (AP Photo/Susan Walsh)

Attorney General Eric Holder speaks at the National Forum on Youth Violence Prevention in Washington, Monday, April 2, 2012. (AP Photo/Susan Walsh)

CHICAGO (AP) ? U.S. Attorney General Eric Holder said Wednesday that the Justice Department will respond "appropriately" to a federal appellate judge in Texas who demanded a letter recognizing federal courts' authority to strike down laws passed by Congress.

Holder spoke a day after 5th U.S. Circuit Court of Appeals Judge Jerry Smith questioned President Barack Obama's remarks this week about an "unelected" court possibly striking down the president's health care overhaul. Smith, during oral arguments in a separate challenge to the health law, asked the Justice Department for a three-page, single-spaced letter affirming the federal court's authority.

When asked during a Wednesday news conference in Chicago what an appropriate response to Smith would be, Holder said, "I think what the president said a couple of days ago was appropriate. He indicated that we obviously respect the decisions that courts make."

"Under our system of government ... courts have the final say on the constitutionality of statutes," Holder said. "The courts are also fairly deferential when it comes to overturning statutes that the duly elected representatives of the people, Congress, pass."

The White House, meanwhile, struggled for a third day to explain Obama's original remark that a Supreme Court reversal of the case would be "unprecedented."

White House press secretary Jay Carney told reporters in Washington that Obama does not regret using that word, and he insisted Obama was not trying to bully the justices by weighing in before the case is decided.

"It's the reverse of intimidation," Carney said during a lengthy defense of Obama's comments. "He's simply making an observation about precedent and the fact that he expects the court to adhere to that precedent."

A reversal would not be unprecedented, even under the very narrow terms Obama and his spokesman later attached to his comments, but it would be very unusual.

Obama had sought to clarify his remarks under questioning at The Associated Press annual meeting on Tuesday. There, Obama said he was referring only to a specific class of constitutional law, and to the pattern of judicial deference to Congress exemplified by the upholding of New Deal legislation in the 1930s.

Carney on Wednesday said Obama's remarks were the object of criticism "only because a handful of people didn't seem to understand what he was referring to."

Carney also repeated Holder's assurance that the Justice Department would comply with the Texas judge's demand for a letter of explanation.

Smith on Tuesday had seemed to take offense to comments Obama made Monday that he didn't believe the Supreme Court would take the "unprecedented" step of overturning a law passed by a strong majority of Congress. He said he wanted reassurance that Holder and the Justice Department recognized judicial authority.

"The letter needs to be at least three pages, single spaced, no less and it needs to be specific. It needs to make specific reference to the president's statements," Smith said during a case brought in part by a spine and joint hospital in East Texas that is challenging the constitutionality of a portion of the health care law.

Smith's office in Houston said Wednesday the judge would not be commenting on the issue because the case before his court still is pending. Smith, a native Texan, was nominated to the appeals court by President Ronald Reagan and confirmed by the Senate in 1987.

In Chicago, Holder said he's confident the Supreme Court will find the Affordable Care Act constitutional "given the adequate, able representation" the law had during arguments before the justices. He said Solicitor General Donald Verrilli Jr. "did a great job."

Speaking at the same Chicago press conference during a meeting on health care fraud prevention, Health and Human Services Secretary Kathleen Sebelius said her department is continuing to implement the health care law without contingency plans for a Supreme Court ruling against it.

If the court rules against the law, Sebelius said, "we'll make efforts to deal with that. But at this point, to lay out the range of options and spend a lot of time and energy on what-ifs is not a very productive use of our time."

___

Associated Press writers Anne Gearan in Washington and Juan Lozano in Houston contributed to this report.

Associated Press

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What do you think is the future and health and wellness apps ...

Posted 2nd April 2012 in Articles, General | Register to comment

Michael Spitz

Ignite Health

Mobile health is an exponentially evolving, transformative field melding technology, communications, and clinical knowledge toward the ultimate goal of improving patient outcomes worldwide. From gamification to game changing apps, emergency medicine to electronic health records, mhealth is revolutionizing medicine from every angle and level?so much so, in fact, that the Holy Grail of integration seems to be getting increasingly distant with each improvement in technology. But thankfully industry mavericks from Apple, Zynga, WebMD, and Ning have joined forces with a young visionary to create an end-to-end digital health and wellness platform for consumers called Careverge. Let?s take a quick tour, and explore the amazing potential of mhealth for personal empowerment.

??industry mavericks from Apple, Zynga, WebMD, and Ning have joined forces with a young visionary to create an end-to-end digital health and wellness platform for consumers.?

Grant Verstandig is a former Lacrosse player turned young entrepreneur who had an epiphany after seven knee surgeries and the realization that accessing health information and connecting with like-minded souls online was, despite the explosion of health portals and facebook, often as painful as his condition. As he describes in his blog, ?I couldn?t find a place that had tailored content for me and my situation. This was the moment I realized that I needed to make health easy.

To bring the power of the Web to those in need. To bring social networking to healthcare and make it easy, simple, and engaging.? So he dropped out of Brown University to found a company to do exactly that, and by sheer force of will raised more than $16 million in venture capital from New Leaf Ventures and CEOs John Sculley (Apple), Roger Ferguson (TIAA CREF), and Jack Rowe (Aetna) and launched the Washington, DC-based digital startup Audax Health.

?Getting and staying healthy is complicated, and usually no fun at all,? says Derek Zabbia, EVP Strategic Development at Audax. ?Making matters worse, otherwise valuable tools and resources are difficult to find, difficult to use, and typically not catered to the individual. So at Careverge we?ve created a unified, dynamic, and motivational environment where achieving health and wellness becomes personalized and fun.? The platform utilizes a subscription model designed to be subsidized through healthcare systems, insurance companies, and corporations to create an advertisement-free, HIPAA-compliant health experience.

??success in digital rests with the user experience.?

Loaded with features that enable users to track their health from mobile devices, record fitness goals, research conditions, and communicate directly with other members and even certified healthcare professionals, Careverge seamlessly integrates social media functionality with gamification principles, personalization, and mobile monitoring peripherals to make proper diet and exercise engaging. ?We?re defining success as being able to empower people to take active command of managing their health and any existing conditions,? adds Derek.

?But success in digital rests with the user experience,? elaborates Thor Ernstsson, CTO of Audax Health and formerly lead architect at Zynga. ?So when designing Careverge we worked hard to keep things simple, intuitive, and integrated, while providing an increasingly customized journey. That?s accomplished by asking users a series of basic, visual questions, and incrementally rewarding them with points and access to additional information and features. As users answer and explore, Careverge remembers and learns, making recommendations for fresh experiences, peer-to-peer and professional connections, and related health opportunities.

The overall experience grows organically and is self-reinforcing, turning a tedious chore into a desire for improved quality of life, and a burden into an enthusiastic drive toward wellness. The site is designed to provide associative content, growing in relevance the more a user interacts with the platform.?

Figure 1: Option to describe why you are using Careverge¹

Users quickly discover that navigation and information architecture are structured into five clearly defined, intuitive channels:

Figure 2: Navigation of Careverge¹

The Home page integrates a dashboard of all their customized content from across the other channels, acting as a dynamic profile page. From their My Health page users can monitor and analyze data from various mobile biometrics and monitoring devices, representing the data in Timelines and performance schedules that motivate positive health behaviors such as exercise and eating right:

Figure 3: Timelines in Careverge¹

The Discover page has a look and feel similar to the increasingly popular social media site Pinterest, where content is displayed graphically and progressively ?learns? individual user preferences for specific types of content that can then be ?followed?:

Figure 4: Discover page in Careverge¹

In the Community sections users can share thoughts, feelings, and opinions with other members and even health experts across various topics and through updating threads:

Figure 5: Community section in Careverge¹

While Goals can be set and tracked at this page, used as benchmarks for accomplishment and hallmarks of positive reinforcement:

Figure 6: Goals section in Careverge¹

In terms of mobile connectivity, the platform is currently compatible with fitbit and Polar, enabling users to set goals and measure performance directly from these biometric peripherals, including weight, blood pressure, caloric consumption, distance, and other metrics. ?We plan on expanding the range of compatibility to multiple providers to take full advantage of what a truly ?quantified self? means and has to offer,? adds Thor. ?This way Careverge goes beyond a website or platform users log into, instead becoming a seamless extension of their lives wherever they go.

?Eliminating the input barriers created by an interface is the most important goal of any health and wellness platform??

Eliminating the input barriers created by an interface is the most important goal of any health and wellness platform; making the connection and biofeedback mechanism seamless, intuitive, and flexible is ultimately what we?re trying to be.?

Figure 7: Careverge compatibility and mobile connectivity¹

?I think the best part of Careverge is the reward system,? observes Derek. ?Users earn virtual coins, gems, and medals which can in turn be exchanged for actual prizes in the Careverge Marketplace. Different goals realized net different rewards, all motivating the consumer to work harder to meet those goals, leading to a healthier body and mind.?

Newly launched, Careverge holds tremendous promise for integrating the currently disparate channels of social media, gaming, and mobile health, paving the way for an exciting future when maintaining good health and wellness become as natural and entertaining a process as updating one?s facebook status or playing Angry Birds. Let?s see how the platform evolves, and watch as institutional players and healthcare systems take note.

References

1. https://www.careverge.com/

About the author:

Michael Spitz is VP of Digital Strategy at Ignite Health, with offices located in New York City, New York, and Irvine, California. Spitz combines his passion for technology with more than 15 years of clinical content expertise to help engineer healthcare communications solutions across numerous treatment areas for many of the pharmaceutical industry?s major companies. Follow @SpitzStrategy on Twitter for his daily ? often hourly ? updates on all things digital for the ultimate benefit of patients worldwide.

What do you think is the future and health and wellness apps?

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VoIP Phone Systems ? Affordable Business Solutions | Consumer ...

VoIP Phone Systems ? Affordable Business Solutions

By admin - Last updated: Monday, April 2, 2012 - Save & Share - Leave a Comment

VoIP or Voice over Internet Protocol telephony systems are those that allow voice calls over the Internet. All communication needs for businesses can now be achieved by these phone systems at an affordable cost. They do not require a phone line or expensive equipment to be installed in your premises. VoIP phone systems are excellent choices for commercial businesses that prefer a sophisticated phone system for good communication and an efficient call handling.

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An Abandoned Safe with $176000 ? Who's the ... - Hauptman Law

April 1, 2012

Estate recovery is the process by which the State can seek reimbursement of Medicaid benefits it has paid during a person?s lifetime from assets of the probate estate after the Medicaid recipient dies.? But, if one must spend down to less than $2000 what is left for the state to recover, you may wonder.? There are actually quite a number of instances where there is money to recover.? The following story from Massachusetts illustrates just one.

?The story centers around a safe that was found on a vacant lot 3 and ? years ago by firefighters during a routine inspection.? We?re not talking about a small house safe but instead,? a 2000 pound safe.? Police were called in to help crack the safe and inside they found $178,000 in cash.

?It turns out the safe had belonged to a former shoe store owner named Sally Daher who died 2001.? The building where her store? had been located ? and is owned by her son ? was being rented to a shoe repairman.? Because that store owner had been burglarized, he felt the safe, which had been in the building for 40 years, was a liability so he hired a tow truck driver to remove it.? The driver figured he could sell it to a local junkyard and make a profit but when the yard owner wouldn?t take the safe he dumped it in a vacant lot next to the driver?s home where it remained until the firefighters discovered it.

?Several people stepped forward to claim ownership of the safe?s contents, including the State of Massachusetts.? That might seem odd at first, until we learn that Daher had lived in a nursing home the last 5 years of her life and had received Medicaid benefits from the State.? If it was determined that Sally Daher was still the rightful owner of the safe and its contents, then Daher?s estate now had assets worth $176,000 from which Massachusetts could seek reimbursement for benefits it paid out on her behalf, under estate recovery laws.

As with any legal dispute, this one wound its way through the court system.? 3 and ? years later a judge ruled that the safe belonged to Sally Daher and awarded the money to the State.? Had Daher?s family discovered the money while she was still alive they would have had to spend it down first towards her care before applying for benefits.? It is reasonable then to reimburse the State monies it might never have had to pay out in the first place.

?In today?s economic climate everyone, the government included, is looking for extra dollars wherever they can find them, including abandoned safes in vacant lots.

Posted by Yale Hauptman | Filed Under Medicaid?

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