» Fix It: Washington’s Broken Political Class – Big Government
Americans are frustrated and tired with Washington, D.C. The modern day Tea Party movement and its impact throughout the country is evidence of people’s frustration with inept and out-of-touch government. The recent Occupy movement arose partly out of this same frustration. The common thread throughout our country is that those in Washington just don’t get it and Americans want their country back.
We are tired of regulations that stifle job creation. We’re tired of the Obama administration blocking domestic oil production even while oil spikes to over $100 a barrel and we are continually reliant on foreign countries for our energy needs. We’re tired of the failure of the career politicians to cut $1.2 trillion over the next year 10 years and balance our federal budget – that’s only 2% of the entire budget over that time. We don’t have a revenue problem but a spending problem so getting our country’s finances and debt under control is our generation’s greatest priority, and we must either have the courage to cut our government’s spending and lower taxes — or have the courage to put the leaders in Washington who will break this culture of business as usual.
The problem is that Washington is simply out of touch. The Beltway Bubble culture of elected officials, bureaucrats, special interests and lobbyists that look after one another while ignoring the real world’s concerns. Once we send them to DC, they tend to change and are usually there for life; moving from staff, to Member of Congress to lobbyist. often serving for stretch of a time in an Administration. it isn’t so much a revolving door as musical chairs. And when the music stops we lose.
This cozy relationship is laid out in detail in a newly published book by Hoover Institute Fellow Peter Schweizer, Throw Them All out. Schweizer details the sweetheart deals special interests get from the taxpayers and the ways Members of Congress and staff can use their position to enrich themselves.
Two egregious examples are:
1. In the spring of 2008, when Nancy Pelosi was speaker of the House, her husband, Paul, made a big play on Visa and acquired their shares shortly after the introduction into the House of legislation that, if passed, would adversely affect Visa’s business. Visa makes money by licensing its name to banks (which in turn issue the cards and charge customers interest) and by charging “swipe fees” to merchants who accept the card as payment. These fees paid by retailers range from 1 percent to 3 percent of the purchase amount every time a Visa card is used. The proposed 2008 law would have allowed retailers to negotiate lower fees with the major credit-card companies, who, gaining billions from those fees, predictably opposed the measure. By the time Congress did finally act on the issue, as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the value of Pelosi’s IPO shares had more than doubled, while the market as a whole had shown a double-digit decline.
2. Then there are the green energy loans. You’ve probably heard about Solyndra, the “green energy” company that got $500 million from taxpayers has it was hurtling towards bankruptcy. one of the company’s chief backers was George Kaiser, and Oklahoma billionaire and, coincidentally, a major donor to Obama. But, Solyndra is the tip of the iceberg. As Schweizer details, of the $20 billion taxpayers put into ‘green energy’ companies, over $16 billion went to prominent Obama supporters and major donors.
The worst of it all? this is perfectly legal. If any of us regular citizens made the kind of investments and stock trades that Congressmen or their staff makes, we would be investigated by the SEC and sentenced to possible jail time. But, these rules don’t apply to Congress! The details in Schweizer’s book are so shocking that Congress has been forced to act. Just this past week the Senate held hearings on new legislation that would make insider trading by members of congress and staff illegal. And today the House will hold a hearing to consider similar legislation. even if Congress were to pass this bill, it would only be a small step towards fixing what’s broken in Washington.
Washington isn’t going to fix itself, we have to fix it. That’s why I’m running for Congress. we have to stop the musical chairs. Washington is good at working for itself, its time it worked for us the taxpayers.
Mass Registration | Big Brother in the Home Office | admin December/6/2011
Tens of thousands of programmers, writers, accountants and other workers labor at home doing contract work for companies like Google, Hewlett-Packard and NBC. The computers they use contain software that takes snapshots of what they are doing six times an hour. The snooping occurs randomly, making it impossible for the computer user to game the system.
It is probably more invasive than what happens to those working in offices, where scooting through Facebook entries, shopping on Cyber Monday, and peeping at N.S.F.W. (“Not Safe for Work”) Web sites on corporate computers is both normal and rarely observed by managers.
Almost certainly, such surveillance is likely to be an increasing aspect of modern work, where remote software manages time worked, Web sites visited, keystrokes logged, and observes the informational networks established among employees.
ODesk, an outsourcing company offering screen shot software, has 1.4 million contractors registered in dozens of countries. Those contractors vie for work from 250,000 buyers, ranging from small companies to large multinationals. Typically companies post jobs, from working at a call center to constructing an elaborate database, and workers bid on the work by naming an hourly fee.
ODesk’s software takes screenshots of an employee’s computer at random intervals.
The hours are verified by the screen shots, which workers can see before their employers do. Untoward images, like a Skype conversation with a spouse or something worse, can be blanked out, at a cost to the employee of one-sixth of the hourly wage. The software can also drill deeper, looking at things like individual key strokes and where someone moved the computer mouse. Employers who see something they do not like can likewise dispute that portion of the work.
Gary Swart, oDesk’s chief executive, figures his company will run about $225 million in jobs through his company’s marketplace this year, double last year’s sum. By his reckoning, that’s about one-quarter of the $1 billion in remote-contracted work done this year. ODesk collects a commission of about 10 percent for the service.
“There are big trends here: globalization, labor as a service over the Internet, and companies trying to do more with less,” says mr. Swart. “Everyone is struggling to find good talent.”
Most of the work goes to a relatively small number of those total registered employees, and the top-rated talent can push their wages up. A programmer on the site using the name Evgeny M. in Omsk, Russia, is currently engaged by four different employers, at $24 to $34 an hour before oDesk takes its cut. “I know for a fact that he was making $7 an hour before he signed up,” mr. Swart says.
Newcomers looking to make a reputation, along with workers with poorer ratings, make significantly less. A “social media concierge” in the Philippines, who encourages others to interact with a Web site, is currently charging $5.56 an hour. Writers on blogs, based both in the United States and overseas, are charging anywhere from $24 to $77 an hour.
American workers still have certain native talents and skills that make them relatively valuable, including an understanding of American slang and pop culture. Knowing how to insert those terms correctly can make a Web site more attractive to a search engine, giving it a higher ranking on Google or Bing.
An internal survey done by oDesk says that 80 percent of the hiring was for new work and not to replace existing workers.
Most work contracted over the cloud is typically paid by the task, not the hour. Outfits like TaskRabbit and Amazon’s Mechanical Turk handle little jobs like wrapping presents or cleaning up the grammar on Web pages. Newcomers like Coffee and Power enable people to list talents that others can bid for, in addition to posting jobs.
As remote work moves from the exotic to the mainstream, however, traditional measures make a comeback. ELance, a company similar to oDesk, currently has a half-million contractors vying for 55,000 jobs. ELance also uses a model of hourly payments, and irregular screen shots for verification. LiveOps, which builds virtual call centers of people working from their homes, signs up people in half-hour increments and monitors quality by screening calls and listening to what workers say about each other in internal forums.
Even away from the labor marketplaces, software like Tahometer, Hyperhour, Time Doctor and Work Snaps lets employers track the doings of at-home workers, freelancers and dispersed teams.
The real valuable skill, mr. Swart says, may be in knowing how to run a virtual team, including when to monitor closely and when to let an idle Facebook page slide. “All of the challenges you have in an office, things like communication, collaboration, common standards, clarity, setting expectations — they’re all compounded online,” he says.
Mass Registration | Servicing Unbanked Hispanics Begins With Financial Literacy | admin December/6/2011
There are approximately 23 million and counting unbanked and underserved Hispanics in the U.S. The Latino Community Credit Union's guide Financial Education for Immigrants outlines the barriers that prevent use of conventional financial institutions by Hispanics. they include:
- Cultural barriers: most Latin American countries are much more cash-based than the U.S. Historical macroeconomic instability or political unrest has fostered a distrust of banking systems. Some Latin American nations do not have deposit insurance programs, deterring people from parking their savings in a bank.
- Language and literacy barriers: a lack of English proficiency coupled with insufficient literacy adds to the existing confusion regarding finance and credit. many conventional financial institutions do not offer services in Spanish.
- Documentation issues: many Hispanics and financial institutions misunderstand what kinds of documentation are needed to open an account with a financial institution.
- Lack of use of conventional financial institutions: a lack of experience with financial institutions means unbanked Hispanics are unaware of how they can benefit from conventional FIs.
- Lack of affordable and accessible financial services: To a certain extent, low-value customers are excluded from conventional financial institutions. Retail banks that rely solely on interest income may not be willing to accept customers with low depository balances.
Unbanked and underserved Hispanics address their financial consumer needs in several ways. many keep large quantities of cash at home or on his or her person. they do not save, build credit and wealth, or plan for their financial future. many use fringe-banking providers such as check cashers or pawn shops that charge exorbitant fees and interest rates. The vast majority of underbanked Hispanics overpay for sending remittances home to family and friends because they are unaware of cheap and safe alternatives.
Many conventional financial institutions do not make an effort to serve unbanked immigrants. The FDIC Survey of Bank Efforts to Serve the Unbanked and Underbanked reveals that very few banks have made it a strategic priority to target the unbanked and underbanked. Banks appear to assume doing business with low-income households is not profitable. When asked to rank order the challenges banks face in serving or targeting unbanked and underbanked, banks list profitability issues first, followed by regulatory barriers and fraud concerns. Of the 40 percent of banks that perceive regulatory impediments, many cite concerns related to maintaining compliance with the Patriot Act and the Bank Secrecy Act. There is a clear disconnect between those people who are excluded from the banking system and the conventional financial institutions that could be serving this excluded group.
Financial Literacy Education
Financial service providers, policymakers, academics and Latino community activists agree that incorporating the unbanked and underserved Hispanic community into the U.S. banking system requires a lot of specialized outreach. As reported in the aforementioned FDIC survey, when asked to rank the most effective strategies for reaching out to unbanked and underbanked customers, banks identified teaching financial education sessions as the most effective, followed by financial outreach with other organizations and off-premise outreach visits.
The process of introducing conventional financial services to underserved Latinos begins with financial literacy education. Consumers need to understand that safe and affordable options beyond fringe-banking providers are available. Consumer finance is not an easy topic to understand. Financial literacy education may not change Hispanic migrants' personal finance habits, but it will empower households to make more informed decisions.
Mass Registration | Married to the movement | admin December/6/2011
Allyson Green is planning a wedding. and, like any conscientious wedding planner, she’s doing her best to honor cultural traditions. It’s a project that has taken her from a Ukrainian museum to translations of Russian nursery rhymes. On top of that, she has read several books about Igor Stravinsky and is grappling with the constantly changing meter in one of his most famous compositions.
Green is creating a new dance to Stravinsky’s “Les Noces” (“The Wedding”), the story of a Russian peasant wedding originally choreographed by Bronislava Nijinska for the Ballets Russes in 1923. Green’s version, featuring the high-octane Tijuana dance company Lux Boreal, will premiere this weekend with live music by the La Jolla Symphony & Chorus, ?joined by the percussion group red fish blue fish.
Green threw herself into studying Stravinsky’s life and music. and, during a recent stay in new York (where she helped choreograph “Don Giovanni” at the Metropolitan Opera), she did extensive research on wedding rituals at an exhibit at the Ukrainian Museum.
Doing such in-depth study is a new way for her to make a dance, Green says. “In the past, I tended to make work that had more of a personal nature. but in the past years, I’ve become more excited about working on something from an academic standpoint. ten years ago, I wouldn’t have read all the books on Stravinsky.”
What’s changed is that 50-year-old Green, like many in her generation of dance artists, switched from a performance-oriented career in new York to teaching in a university dance department. her job at the University of California San Diego has eaten into her ability to make dances; it took a sabbatical this fall to give her time to stretch her creative wings. but the university environment has also brought exciting new dimensions to her work.
“I’m really loving doing the historical research,” she says. “I’m sure it’s the opportunities I have in an academic setting that allow me to think that way. It’s a much richer process and more satisfying.”
Being at UCSD has also helped her connect to some remarkable collaborators, in particular percussionist Steven Schick, a music professor and director of La Jolla Symphony & Chorus. The two have done half a dozen projects together over the past five years.
“I’ve always responded to working with Steve so much because I’m so impressed and in awe with his musicality and rhythmic brilliance,” says Green, who studied piano and voice when she was growing up and considered becoming a composer.
Although Schick wasn’t aware of Green’s deep musical background, he says, “It’s never been a surprise to talk in a very detailed way about music with her. I just talk to her like a musician.”
La Jolla Symphony & Chorus is doing a season-long focus on Stravinsky, including all three of his works for Ballets Russes: “Les Noces,” “The Rite of Spring” and “The Firebird.” Schick and Green chose “Les Noces” for their collaboration in part because its relatively small music ensemble — four pianists, four vocal soloists, a chamber chorus and percussionists — offers what he calls “more real estate for dance.”
Janice Steinberg is a San Diego dance writer.
Mass Registration | Minnesota Nursing Homes, Assisted Living, Group Homes, Memory Care Units and others Must Keep Residents Safe from Sexual A | admin December/6/2011
Any type of abuse in a nursing home environment is wrong and a crime. under the Minnesota Nursing Homes Residents Bill of Rights, all residents have the right to “be free from harm, including abuse, neglect and financial exploitation.” Physical abuse is the most common type of abuse in nursing homes but sexual abuse also occurs behind closed doors. No one wants to think that this could be happening to a family member. Sexual abuse can be one of the hardest things to admit to and to overcome but it is incredibly important for the welfare of all residents that any act of sexual abuse be reported to a nursing home abuse attorney as soon as possible.
Sexual, Physical and Psychological Abuse of Nursing Home Residents
Sexual abuse usually happens behind closed doors. The criminal will often attack at night and will leave the victim feeling disgusted and ashamed. furthermore, sexual abuse often comes with mental abuse as well. name calling, treating the residents in a demeaning or threatening manner and harassment all fall under the category of verbal abuse. in many instances, a resident will be intimated by verbal abuse and will not report the sexual or physical abuse due to fear and shame or a fear that they will not be believed. Resident’s are also fearful that if they cause a problem they will be forced out of the facility and have nowhere to go. be on the lookout for the following signs and symptoms of sexual abuse in a resident:
- Any physical cuts, scratches or bruising
- Signs of depression or anxiety
- Extreme fear or nervousness, especially when an employee is present
- Isolation
- Mood changes
- Weight loss or weight gain
Sexual abuse can lead to severe emotional complications including low self esteem, suicidal thoughts and depression. it is critical for the welfare of all residents that sexual abuse be stopped immediately.
What to Do if You Suspect Sexual Abuse
If you suspect that your loved one is being abused sexually, then you need to speak to them about it. Often times the resident will feel so ashamed that they will deny anything is wrong. look for the signs of nursing home sexual and mental abuse, as listed above, and report any suspicious behavior to the authorities. By contacting an ensuring nursing home abuse lawyer, you are ensuring that all residents, both present and future, are protected against this criminal behavior.
In many cases, nursing home sexual abuse occurs because the nursing staff has not been givne a proper background check during the hiring process. most nursing homes are understaffed with high rates of turnover thus the nursing home may often have a need to overlook hiring protocols designed to protect the safety of the residents. it is the law that all nursing staff have a criminal background check but this is often waived due to the high demand for staff. in many instances, a nurse with a history of abuse will still be able to find work in nursing homes or other form of elder care facility, despite having been placed on a watch list. Often times sexual abuse of nursing home residents is a preventable form of neglect if the facility management would have the required background checks for new employees as well as enough staff to ensure the residents are well supervised, reducing the liklihood of sexual assaults.
Abuse and Neglect in Nursing Homes
Sometimes it is difficult to determine if there was an incident of abuse or neglect suffered by a nursing home resident. due to the complex nature of the care needs of many residents it is not always immediately evident if a person’s condition is the result of declining health or a disease process or due to either physical abuse or more subtly neglect.
Federal Regulations Prohibit Abuse and Neglect of Nursing Home Residents
42 CFR § 483.10 Resident rights.
The resident has a right to a dignified existence, self-determination, and communication with and access to persons and services inside and outside the facility. A facility must protect and promote the rights of each resident, including each of the following rights:
(a) Exercise of rights. (1) The resident has the right to exercise his or her rights as a resident of the facility and as a citizen or resident of the United States.
(2) The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.
(3) in the case of a resident adjudged incompetent under the laws of a State by a court of competent jurisdiction, the rights of the resident are exercised by the person appointed under State law to act on the resident’s behalf.
(4) in the case of a resident who has not been adjudged incompetent by the State court, any legal-surrogate designated in accordance with State law may exercise the resident’s rights to the extent provided by State law.
Minnesota law also prohibits abuse and Neglect of Nursing Home Residents
Vulnerable Adult’s Act Minnesota Statute § 626.5572, Subd. 2. Abuse.
“Abuse” means:
(a) An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:(1) assault in the first through fifth degrees as defined in sections 609.221 to 609.224;(2) the use of drugs to injure or facilitate crime as defined in section 609.235;(3) the solicitation, inducement, and promotion of prostitution as defined in section 609.322; and(4) criminal sexual conduct in the first through fifth degrees as defined in sections 609.342 to 609.3451.A violation includes any action that meets the elements of the crime, regardless of whether there is a criminal proceeding or conviction.(b) Conduct which is not an accident or therapeutic conduct as defined in this section, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:(1) hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;(2) use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;(3) use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and(4) use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under section 245.825.(c) Any sexual contact or penetration as defined in section 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.(d) The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult’s will to perform services for the advantage of another.(e) for purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C or 252A, or section 253B.03 or 524.5-313, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition and hydration parenterally or through intubation. this paragraph does not enlarge or diminish rights otherwise held under law by:(1) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or(2) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct.(f) for purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult.(g) for purposes of this section, a vulnerable adult is not abused for the sole reason that the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:(1) a person, including a facility staff person, when a consensual sexual personal relationship existed prior to the caregiving relationship; or(2) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship.
Minnesota Statute § 626.5572, Subd. 9. Financial exploitation.
“Financial exploitation” means:
(a) in breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501, a person:(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.(b) in the absence of legal authority a person:(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult’s will to perform services for the profit or advantage of another.(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.
“Initial disposition” is the lead agency’s determination of whether the report will be assigned for further investigation.
Minnesota Statute § 626.5572, Subd. 15. Maltreatment.
“Maltreatment” means abuse as defined in subdivision 2, neglect as defined in subdivision 17, or financial exploitation as defined in subdivision 9.
Minnesota Statute § 626.5572, Subd. 17. Neglect.
“Neglect” means:
(a) The failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:
(1) reasonable and necessary to obtain or maintain the vulnerable adult’s physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and
(2) which is not the result of an accident or therapeutic conduct.
(b) The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult’s health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.
(c) for purposes of this section, a vulnerable adult is not neglected for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections 253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with that authority and within the boundary of reasonable medical practice, to any therapeutic conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical or mental condition of the vulnerable adult, or, where permitted under law, to provide nutrition and hydration parenterally or through intubation; this paragraph does not enlarge or diminish rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; or
(2) the vulnerable adult, a person with authority to make health care decisions for the vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of medical care, provided that this is consistent with the prior practice or belief of the vulnerable adult or with the expressed intentions of the vulnerable adult;
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or emotional dysfunction or undue influence, engages in consensual sexual contact with:
(i) a person including a facility staff person when a consensual sexual personal relationship existed prior to the caregiving relationship; or
(ii) a personal care attendant, regardless of whether the consensual sexual personal relationship existed prior to the caregiving relationship; or
(4) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult which does not result in injury or harm which reasonably requires medical or mental health care; or
(5) an individual makes an error in the provision of therapeutic conduct to a vulnerable adult that results in injury or harm, which reasonably requires the care of a physician, and:
(i) the necessary care is provided in a timely fashion as dictated by the condition of the vulnerable adult;
(ii) if after receiving care, the health status of the vulnerable adult can be reasonably expected, as determined by the attending physician, to be restored to the vulnerable adult’s preexisting condition;
(iii) the error is not part of a pattern of errors by the individual;
(iv) if in a facility, the error is immediately reported as required under section 626.557, and recorded internally in the facility;
(v) if in a facility, the facility identifies and takes corrective action and implements measures designed to reduce the risk of further occurrence of this error and similar errors; and
(vi) if in a facility, the actions required under items (iv) and (v) are sufficiently documented for review and evaluation by the facility and any applicable licensing, certification, and ombudsman agency.
(d) Nothing in this definition requires a caregiver, if regulated, to provide services in excess of those required by the caregiver’s license, certification, registration, or other regulation.
(e) If the findings of an investigation by a lead agency result in a determination of substantiated maltreatment for the sole reason that the actions required of a facility under paragraph (c), clause (5), item (iv), (v), or (vi), were not taken, then the facility is subject to a correction order. An individual will not be found to have neglected or maltreated the vulnerable adult based solely on the facility’s not having taken the actions required under paragraph (c), clause (5), item (iv), (v), or (vi). this must not alter the lead agency’s determination of mitigating factors under section 626.557, subdivision 9c, paragraph (c).
Minnesota Statute § 626.5572, Subd. 21. Vulnerable adult.
(a) “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services at or from a facility required to be licensed to serve adults under sections 245A.01 to 245A.15, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota sex offender program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under section 144A.46; or from a person or organization that exclusively offers, provides, or arranges for personal care assistant services under the medical assistance program as authorized under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, 256B.0653 to 256B.0656, and 256B.0659; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual’s ability to provide adequately for the individual’s own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual’s self from maltreatment.
(b) for purposes of this subdivision, “care or services” means care or services for the health, safety, welfare, or maintenance of an individual.
According to Nursing Home Patient Bill of Rights, Minnesota Statute § 144.651, Subd. 14. Freedom from maltreatment.
Patients and residents shall be free from maltreatment as defined in the Vulnerable Adults Protection Act.“Maltreatment” means conduct described in section 626.5572, subdivision 15, or the intentional and nontherapeutic infliction of physical pain or injury, or any persistent course of conduct intended to produce mental or emotional distress. Every patient and resident shall also be free from nontherapeutic chemical and physical restraints, except in fully documented emergencies, or as authorized in writing after examination by a patient’s or resident’s physician for a specified and limited period of time, and only when necessary to protect the resident from self-injury or injury to others.
If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. to contact Attorney Kenneth L. LaBore, directly please send an email to , or call Ken at 612-743-9048.
Mass Registration | Calculated Risk: NY Fed Q3 Report on Household Debt and Credit | admin December/6/2011
From the NY Fed: Consumer Debt Falls in third Quarter Aggregate consumer debt fell approximately $60 billion to $11.66 trillion in the third quarter of 2011 according to the Federal Reserve Bank of New York’s latest Quarterly Report on Household Debt and Credit. ..."The decline in outstanding consumer debt reveals that households continue to try and deleverage in the wake of a challenging economic environment and large declines in home values," said Andrew Haughwout, vice president in the Research and Statistics Group at the New York Fed. "However, our findings also provide evidence that consumer credit demand continues to increase, a positive sign for consumer sentiment."Here is the Q3 report: Quarterly Report on Household Debt and Credit. here are two graphs: Click on graph for larger image.The first graph shows aggregate consumer debt decreased slightly in Q3. From the NY Fed: Aggregate consumer debt fell slightly in the third quarter. as of September 30, 2011, total consumer indebtedness was $11.66 trillion, a reduction of $60 billion (0.6%) below its (revised) June 30, 2011 level. The 2011Q2 and 2011Q3 totals reflect improvements in our measurement of student loan balances, which we had previously undercounted ... as a result, student loan and total debt balances for 2011Q2 and 2011Q3 are not directly comparable to earlier data ...Mortgage balances shown on consumer credit reports fell noticeably ($114 billion or 1.3%) during the quarter; home equity lines of credit (HELOC) balances rose by $14 billion (2.3%). Household mortgage and HELOC indebtedness are now 9.6% and 10.5%, respectively, below their peaks. Consumer indebtedness excluding mortgage and HELOC balances rose slightly ($32 billion or about 1.3%) in the quarter. Consumers’ non-real estate indebtedness now stands at $2.62 trillion. The second graph shows the percent of debt in delinquency. In general, the percent of delinquent debt is declining (there was a small increase in Q3), but what really stands out is the percent of debt 90+ days delinquent (Yellow, orange and red). From the NY Fed: Total household delinquency rates rose in 2011Q3. as of September 30, 10.0% of outstanding debt was in some stage of delinquency, compared to 9.8% on June 30. About $1.2 trillion of consumer debt is currently delinquent, with $834 billion seriously delinquent (at least 90 days late or “severely derogatory”). About 264,000 individuals had a foreclosure notation added to their credit reports between June 30 and September 30, a 7% decrease from the 2011Q2 level of new foreclosures. New bankruptcies in 2011Q3 were 18.8% below their levels of 2010Q3, at 423,000.There are a number of credit graphs at the NY Fed site.Earlier:• New Home Sales in October: 307,000 SAAR
Mass Registration | House fire likely caused by electrical problem | admin December/6/2011
TUCSON – Tucson fire crews believe a house fire Wednesday night was likely caused by an electrical problem in a bedroom.
Firefighters responded to the home in the 3700 block of East Montecito about 7:30 p.m. after someone inside the home noticed smoke coming from a bedroom and fire near an electrical outlet.
All three people inside the home at the time of the fire made it out safe.
A total of five people live in the home and we’re told they will stay with friends.
The fire caused about $ 80 thousand in damage.
TUCSON – Tucson fire crews believe a house fire Wednesday night was likely caused by an electrical problem in a bedroom.
Firefighters responded to the home in the 3700 block of East Montecito about 7:30 p.m. after someone inside the home noticed smoke coming from a bedroom and fire near an electrical outlet.
All three people inside the home at the time of the fire made it out safe.
A total of five people live in the home and we’re told they will stay with friends.
The fire caused about $ 80 thousand in damage.
Short URL: tucsonnewsandweather.com/?p=12646
Mass Registration | American Journal Experts Launches Turkish Translation Service (11. November 2011, 17:28 Uhr) | admin December/6/2011
DURHAM, North Carolina, November 11, 2011 /PRNewswire/ --
American Journal Experts (AJE) now offers Turkish translation to help researchers publish their work in English-language journals. AJE´s specialized translation service matches each manuscript with a native-speaking translator who works in the author´s field of study.
(Logo: photos.prnewswire.com/prnh/20111017/CL88229LOGO)
"The biggest challenge in scientific translation is preserving the author´s meaning, " said Dr. Laura Stemmle, AJE´s Director of Operations. "Having translators who understand the research behind the paper prevents errors that could misrepresent results that scientists have spent months or years on in the lab."
After translation, each paper is edited by a specially trained group of editors recruited from the top 25 research universities in the United States. The editors are also matched to the paper by their area of study, which adds another layer of security for researchers who want to ensure their work is presented correctly. Papers are returned to the author in publication-ready English.
"Many of the most influential journals are only available in English. The language barrier that creates makes it difficult for international researchers to publish in high-impact journals, " said Stemmle. "We have also found that some journals will automatically reject papers that are not presented in perfect English, even when the science is interesting."
AJE strongly believes in the future potential of research in Turkey, and by adding this service hopes to support the publication goals of the thriving Turkish research community. According to a report published by Thomson Reuters in 2008, Turkey´s research impact has risen steadily over the past decade and Turkish researchers have published more than 10,000 papers per year since 2003. Agricultural science, clinical medicine and engineering are some of the fields where Turkish scientists have made the most significant contributions.
Turkish is the eighth language to be offered since AJE began translation services in 2009. The other languages offered by AJE are Arabic, Chinese, French, Japanese, Korean, Portuguese and Spanish.
about American Journal Experts
American Journal Experts (AJE) was founded in 2004 to help the international scientific research community overcome communication barriers to academic publication. AJE provides editing, translation, content review and other manuscript services designed to help researchers throughout the publication process. Services are performed by academic experts in a wide range of areas of study, and are tailored to the needs of the research community. The American Journal Experts team strongly believes that it can accelerate the pace of discovery by helping researchers publish their work more quickly, and by helping their ideas reach a wider audience. journalexperts.com
American Journal Experts

