Michigan health department hit with lawsuit over refusal to share nursing home data comparable to Cuomo’s cover-up
RT | March 11, 2021
A local reporter is suing Michigan’s health department after it denied repeat requests for its nursing home data amid the Covid-19 outbreak, piling pressure on the government as lawmakers demand a probe into its pandemic response.
Journalist Charlie LeDuff launched a Freedom of Information suit against the Michigan Department of Health and Human Services on Tuesday, accusing the agency of withholding data linked to coronavirus deaths in nursing homes without legal basis.
“Not only does the public have the right to know this information, we have the need to know,” said LeDuff, who won a Pulitzer for his reporting for the New York Times in 2001 and later returned to local coverage in Detroit. “If we’re going to fix end-of-life care moving forward, it’s going to require a hard look at how the state’s policies treated our most vulnerable population.”
Represented by the Mackinac Center Legal Foundation, LeDuff says numerous FOIA requests to the state government have been denied without justification. The first inquiry, submitted in late January, was rejected only an hour after it was submitted on grounds that it would divulge sensitive health records – an argument the journalist rejects.
While LeDuff said the state had previously published “certain statistical information” related to Covid-19 deaths, he argued it is lacking in transparency. He drew parallels to the New York state government, which has also come under fire for unwillingness to share its nursing home statistics.
“The need for transparency in this particular area has already been established, in another state, thanks to recent revelations that New York Governor Andrew Cuomo’s administration had intentionally withheld data from disclosure due to concerns about the resulting political fallout,” LeDuff’s complaint said, noting that he saw “significant similarities” between Cuomo’s policies and those of Michigan Governor Gretchen Whitmer.
Whitmer has also faced fierce criticism over her pandemic response, namely a directive early on in the outbreak that incentivized nursing homes to accept Covid-positive patients, despite the risk they posed to the facilities’ aging residents. Cuomo and several other Democratic governors imposed similar policies, which critics say contributed to thousands of unnecessary deaths in elderly populations most vulnerable to the virus.
Among the most vocal of Whitmer’s detractors is county prosecutor and former GOP state Senator Peter Lucido, who suggested on Monday that the governor could be slapped with criminal charges over her handling of nursing homes and “willful neglect of office.”
Whitmer later responded, castigating the prosecutor for “shameful political attacks based in neither fact nor reality” while insisting her administration “carefully tracked CDC guidance on nursing homes, and we prioritized testing of nursing home residents and staff to save lives.”
GOP lawmakers also called on Michigan AG Dana Nessel last week to investigate Whitmer’s nursing home policies in a formal letter to the state Department of Justice. Nessel, however, has signaled unwillingness to launch a probe, saying “bad policy” does not equate to “violations of the law.”
“I think oftentimes it is appropriate for the office to investigate. But not just when you say, ‘We don’t like what this policy is,’” she said of the request.
Whitmer’s administration was previously taken to court by Republicans alleging her “temporary” emergency pandemic powers had been extended indefinitely without approval from the legislature. While the state Supreme Court ultimately ruled against the governor, she simply sidestepped the decision by having her health director extend the orders instead, citing a legal loophole stemming from the 1918 Spanish flu outbreak.
Trump flips Michigan county after ‘error’ initially had Biden in the lead
RT | November 7, 2020
Donald Trump has won a recount in a Michigan county, after election officials questioned Joe Biden’s lead in the Republican stronghold. Another error elsewhere in the state also skewed down-ballot results in the Democrats’ favor.
Preliminary results in Antrim County showed a decisive victory for the Democratic challenger, who was up more than 3,000 votes with 98 percent of precincts reporting. Trump won the county by 4,000 votes in 2016, raising questions in this deep-red area of Michigan. Local election officials decided to carry out a partial hand recount, which showed Trump ahead in the county by nearly 2,500 votes.
The strange tabulation error was mentioned during a press conference held by Michigan Republican Party Chairwoman Laura Cox in which she raised questions about an alleged “glitch” in the election software used in 47 Michigan counties.
Antrim County had to hand-count all of the ballots, and these counties that use this software need to closely examine their results for similar discrepancies.
The software, Election Source, is used by Antrim County, and the incorrect results were initially blamed on the program. However, the county’s election officials now say human error was behind the problem, explaining that it’s likely a small change made to the ballot resulted in the miscalculation, according to local 9&10News. The Detroit Free Press reported that the issues were the result of both human and software errors. Officials stressed that there was always a clear paper trail that allowed for any errors to be corrected.
Michigan’s Board of State Canvassers is now verifying a full audit of the county’s ballots, 9&10News said.
Antrim isn’t the only Michigan county to report counting issues. In Oakland County, a computer glitch erroneously handed victory to a Democratic candidate for commissioner. The Republican incumbent was declared the winner on Friday. Some state officials and voters have raised concerns that the faulty tabulations could have occurred elsewhere in Michigan.
The problems come amid accusations from the Trump campaign that voter fraud linked to late or improperly marked mail-in ballots tipped the scales in Biden’s favor. Trump was initially leading in Michigan before the state flipped blue. On Wednesday morning, the president was ahead by about 1.3 points with 83 percent of the votes tallied. Biden now has a 3-point lead.
Despite Billion-Dollar Budget, Nuclear Regulatory Commission Cancels Project Studying Cancer near Nuclear Facilities
By Ken Broder | AllGov | September 12, 2015
A five-year federal pilot program to determine levels of contamination around eight nuclear facilities in the United States was cancelled this week because, apparently, the U.S. Nuclear Regulatory Commission (NRC) is already doing such a fine job of oversight.
“The NRC continues to find U.S. nuclear power plants comply with strict requirements that limit radiation releases from routine operations,” agency spokesman Scott Burnell wrote in defense of the decision. “The NRC and state agencies regularly analyze environmental samples from near the plants. These analyses show the releases, when they occur, are too small to cause observable increases in cancer risk near the facilities.”
There is nothing to see, so why waste the time and money. “The NRC determined that continuing the work was impractical, given the significant amount of time and resources needed and the agency’s current budget constraints.”
The cost was $8 million, $1.5 million of which has already been spent. The NRC has a budget of more than $1 billion. Results from the testing were not expected until at least the end of the decade. The study, led by National Academy of Sciences (NAS) researchers, was meant to update a 1990 National Cancer Institute (NCI) report that focused on cancer mortality, with limited occurrence of the disease in two states.
The NRC decided in 2007 to update the report and contacted the NAS to commence a two-phase study of cancer risks in populations living near NRC-licensed facilities. Phase 1 was to determine if doing the study was feasible. The conclusion reached in 2012 was “Yes.”
Phase 2 was to be broken into two parts: planning and execution. The commission killed it on Tuesday. Nuclear sites to be studied included active and decommissioned plants in California, Connecticut, Illinois, Michigan and New Jersey. A nuclear fuel fabrication plant in Tennessee was also on the list.
Supporters of the program are not happy. “Study after study in Europe has shown a clear rise in childhood leukemia around operating nuclear power facilities, yet the NRC has decided to hide this vital information from the American public,” said Cindy Folkers, radiation and health specialist at Beyond Nuclear.
Folkers blamed nuclear industry manipulation. Beyond Nuclear points to the NRC staff recommendation (pdf) that the commission drop the program. The policy issue document mentions a cheaper, crummier project pitched by the president of the U.S. National Council on Radiation Protection and Measurements (NCRP), but the staff concludes that no study is worth doing.
U.S. Senator Edward Markey (D-Massachusetts), who pushed for the cancer study in 2009, also did not sound happy. He said,
“We need a thorough, accurate accounting of the health risks associated with living near nuclear facilities so residents can know if there are any adverse health impacts. But the NRC has decided to take a ‘Don’t Ask, Don’t Tell’ approach to this public health concern by ceasing work on what could be a lifesaving cancer risk research study.”
To Learn More:
Cancer Risk Study Canceled at San Onofre (by Morgan Lee, San Diego Union-Tribune )
Regulators Halt Study of Cancer Risks at 7 Nuclear Plants (by Stephen Singer, Associated Press )
NRC Pulls Plug on Cancer Study near Nuclear Plants (by Christine Legere, Cape Cod Times )
Memo on Analysis of Cancer Risks in Populations near Nuclear Facilities Study (Nuclear Regulatory Commission staff) (pdf)
Detroit Bankruptcy Takes Aim at Pensions
By Jane Slaughter | Labor Notes | July 19, 2013
Detroit hit the Trifecta last week—the third in a series of body blows that politicians have landed on the city’s working people.
The Michigan legislature passed “right-to-work” in December and gave the governor the right to impose “emergency managers” on cities two days later. When Detroit’s emergency manager Kevyn Orr announced Chapter 9 bankruptcy Thursday, he was following a predicted trajectory that will lead to further impoverishment and privatization.
The bankruptcy will enable an appointed judge to impose further cuts to city expenses and to void union contracts. A prime target for cost-cutting is the pensions owed to 21,000 city retirees and 9,000 active workers. The city estimates its pensions are underfunded by $3.5 billion, and wants to reduce payments to both workers and the bondholders who have lent the city money over the years: equality of sacrifice.
Michael Mulholland, vice president of the city’s largest AFSCME local, said city workers are “in a state of somewhere between perplexion and total anger. Everything they’ve been promised, both contractually and kind of a social contract, is being pulled out from under them. It’s morally indefensible.”
Mulholland retired in February, after 29 and a half years in the Water Department. “I could have worked someplace else and made more money,” he said, “but I was told if I worked here I’d have a steady job and in my old age not be in poverty.”
The bankruptcy of Detroit, which now has fewer than 700,000 residents, is the largest city bankruptcy in U.S. history.
Orr sprung the hurry-up filing yesterday because union pension fund attorneys were scheduled to be in court on Monday, arguing for an injunction against bankruptcy.
The state constitution appears to protect public employee pensions: “The accrued financial benefits of each pension plan and retirement system of the state and its political subdivisions shall be a contractual obligation thereof and shall not be diminished or impaired thereby.”
But proponents of making city workers bite the bullet note that bankruptcy judges have wide latitude to break contracts.
Tag-Teaming with the Governor and the Banks
Pundits said other states and cities would look to Detroit as a template for how to manage ailing city budgets. A recent law in Rhode Island specifies that in a city bankruptcy, bondholders must be paid first, before pensioners.
Asked if the Michigan legislature could pass a similar law, Mulholland laughed. “If they proposed a law that Detroiters should all be shot,” he said, “some of them would get up at midnight to sign that one.” Governor Rick Snyder has guided the process of putting Detroit through a “consent decree,” Orr’s rule, and now the bankruptcy.
The Republican-dominated legislature has long been hostile to majority-black Detroit. In November 2012, the state’s voters passed a referendum that threw out a previous “emergency manager” law, which had been used almost exclusively to take over majority-black cities and school districts. A few weeks later the legislature simply passed the law again.
Although the law requires negotiations with affected parties before a city files for bankruptcy, Mulholland, who was in the talks, said, “It wasn’t negotiations, it was PowerPoint presentations about how bad the situation is.
“Orr wouldn’t answer AFSCME’s requests for negotiations, so they went and taped a letter to the door of his office.”
As an AFSCME member who had reached the top of the pay scale, Mulholland’s pension is $1,600 a month before health care contributions are taken out. He said exactly how much Orr intends to take from retirees has always been left vague, though union leaders were told health care would be slashed.
Two years ago, he said, city officials encouraged workers to retire right away. Now active workers are told to “relax, we’re going after the retirees.”
Local 207 is planning a demonstration in downtown Detroit July 25.
Orr touts the bankruptcy as a way to improve city services—which often, in the world he comes from, is code for privatization. Water, garbage pickup, an island park called Belle Isle, and the Detroit Institute of the Arts have all been mentioned as potential salable items. “The only thing they’re going to ‘improve’ is somebody’s bottom line,” Mulholland predicted.
General Motors, which is headquartered downtown, said it wouldn’t be affected by the bankruptcy. Apparently, with Snyder—who ran on his record as a businessman—in charge, business is going to be just fine.
More than One Million Schoolchildren in U.S. are Homeless
By Noel Brinkerhoff | AllGov | January 23, 2013
Homelessness among schoolchildren has reached record levels in the United States, with more than one million without a home.
During the 2010-2011 school year, there were 1,065,794 homeless students in preschools and K-12 schools, according to the National Law Center on Homelessness & Poverty.
This marked the first time in history that public schools reported more than one million homeless children and youth.
Nationally, the total of homeless students increased 13% from the previous year (2009-2010). In 15 states, the increase was 20% or higher. Kentucky and Utah experienced a 47% jump, Michigan and West Virginia 38%, and Mississippi 35%.
The National Law Center on Homelessness & Poverty said the number of homeless children attending public schools has soared 57% since the beginning of the recession (2006-2007 school year).
To Learn More:
One Million U.S. Students Homeless, New Data Show (National Law Center on Homelessness & Poverty)