Has anyone recently experienced a reduction in your credit line(s) for no acceptable reason?
Let me share my experience with 2 lenders: For a period in excess of TWENTY YEARS, I have maintained an EXCELLENT PAYMENT RECORD with these lenders. I NEVER exceeded 35% of my credit lines, NONETHELESS, these DOGS (i.e., lenders) lowered my credit lines, WITHOUT WARNING, thereby causing my CREDIT SCORE to also be lowered! Then, the lenders had the temerity to tell me that "due to the economy" the reduction was necessary. I was told to request a re-evaluation within the next 30 days. So, 30 days later, I requested restoration of my former credit lines only to be told that "MY CREDIT SCORE DID NOT WARRANT THE INCREASE."
What these lenders are doing is soooooooo wrong on soooooo many levels: they create the problem regarding the lowering of the credit score, then, use that as an excuse to REFUSE CREDIT.
It's time for us, the CONSUMERS, to take action!
Certainly not many of you follow the ongoings of cases where people try to take advantage of tax laws to benefit themselves because the law itself is murky. However, there is a case that is drawing much attention unto itself, because of the nature of the "supposed" crime.
A fellow citizen who thought himself smart saw a loophole in the way he could pay his employees. If he payed them with gold or silver, which has to still be recognized by our society as a legal form of payment, he could give them more for less. This worked in the way that the legal system binds the value of these metals, to the current standings on the market. However when tax time comes around you are only taxed on the "face" value of the metals, not the current value of the market.
Citation is here
http://www.lvrj.com/news/48145032.html
and here http://www.lvrj.com/news/46074037.html.
Now to do this is wrong...absolutely not, seeing as the law is clear on how it wll tax its citizens and what is legal in payment. However, the point they are trying to make, is that this is fraud ...tax fraud because the person doing the action is doing this on purpose to avoid paying taxes.
OF COURSE HE IS, ESPECIALLY WHEN YOU GAVE AWAY OUR MONEY TO BIGGER CRIMINALS (GM, CHRYSLER) AND WE HAD NO SAY IN THIS!
So he is trying to save a few people from paying more money then they have to. If I get a slip saying I can not deduct a full amount of gas receipts on my business because technically the gas is also used for personal use, then send me a letter saying I can only report 80% or something likewise...dont bring me to jail because I did not quite know you could only declare a percentage.
They are trying to say he meant to avoid paying taxes, but then so was I when I declared 100% and not 80% of my gas receipts! This is a government that stone walls other investigations which could impact this one, on purpose because they do not want to give a chance to the defendant to have the upper hand. I am talking about an unlawful seizure by the FBI and IRS and the defendants home without proper warrants prepared, yet that case which was started before this one, has yet to see the light of day, and should that case rule that the seizure was unwarranted, then it would be thrown out of court, yet you can not discuss another case that has yet to be tried, therefor, it was a tactic to stone wall that is now leaving the defendant without any options.
He payed his employees with gold, the employees could have refused and he would have paid them cash, or cheque, but they accepted....so who is really at fault...the employer, employee or the goverment for not seeing that one law presided over another?
The government sees this action as a possible sore point where people will end up paying less taxes and the value of gold keep climbing, which BTW we have no real mines left in the US, all te gold mines are off this continent, we would end up being again stuck with foreign policies dictating our current economy!
I am signing out, however I think about Obama going off to jail because he gave as a gift to someone, a friend or family member, some gold coins and was found guilty of fraud. Can a gift be taxed, I don't know ....luckily I live in Canada!!!
Larry Sinclair has claimed to have given Obama, “Special Treatment”, LoL lets keep it PG but its spelled with a J and B if you get my drift; back in 1999. Now he has been given a polygraph test and failed!! Hes a big fat openly gay liar. He still did a good job smearing Obama and bringing up a lot of issues from the gay community. So maybe it was a good thing that he did it. Still Obama has dodged any type of political pressure about answering to the issues of gay america. Larry Sinclair failed both tests so watch the video. Whitehouse.com would have given them $100k in cash if he passed. Now there is accusations of fraud against Whitehouse.com because one of the guys got his PHD IN THE MAIL! Still the drug accusations he PASSED with flying colors. Watch the video.Read more: http://politicalpete.com/larry-sinclair-took-a-polygraph-test-to-prove-his-accusations-of-being-obamas-gay-lover/#ixzz0H841R4fP&B
http://politicalpete.com/
It is my opinion that looking forward requires us to investigate the use of "enhanced interrogation techniques" and warrantless suveillance in the Patriot Act. If these are truly violations of the Constitution, domestic laws, and/or international laws, we NEED to prosecute.
If we let transgressions of this type slide under times of emotional response, we risk a repeat of this type of violations. The reason the Constitution, Bill of Rights, and laws forbid torture and warrantless searches (as well as all the others) is precisely so we CAN'T overreact out of fear or anger. To do nothing is to set a precedent that there are circumstances where it is okay not discard the Constitution and ignore the laws.
We are either a nation of laws or we are not. By 'looking forward' while ignoring possible abuses and violations means we are not. It also undermines our ability to hold other countries and entities to this standard. We MUST abide by the standards and principles we espouse. If we don't our country is a lie.
Hi All,
Greetings and Salutation!
I watched the movie version of “Chicago” the other night. Today, I think about this AIG fiasco and remember Richard Gere’s well done rendition of “Razzle Dazzle ’em” in that movie. The sly lawyer as he diverts attention from what is fact to what is emotion. In the instance of this AIG fiasco, diverting attention to bonuses paid executives and away from the truth. Any really, really, good swindle or scam uses that “Razzle Dazzle ‘em” rule. One must have a focus of attention somewhere other than upon the fraud itself. The shenanigans at AIG bring to mind a movie called “Paper Moon”. Destiny teams a little girl and a middle-aged man up as con artists. The man pays for some items in a story with a large bill. Behind him in line, the little girl pays for something with a small bill. When the girl sees her change, she balks, claiming that she had given the clerk the larger bill. Her distressed cry that the larger bill is a birthday gift with a birthday inscription on it, inciting emotions. Found in the cash drawer is a larger bill with the inscription the girl claims. The girl “earns” the larger bill via her deception. AIG is much the same con, right down to the little girl taking the fraud into a simpler swindle. A couple of more obvious short-changing maneuvers to increase her take or maybe just to show off her flair for the con game. In the AIG situation, these would be bonuses unnecessary yet still, bonuses useful in diverting attention toward facts to attention toward emotions. It can be a bit more complicated but the primary things that occurred up to and including the bailouts is the same. There are many faucets to this fraud. However, the base fraud is a matter of giving a small bill and pretending it is the large bill. The deregulation of laws, which had created borders betwixt Wall Street, the Banks, and the Insurance companies, that allowed great fraud to be committed. Long ago and far away, something called “buying on margin” came to be. This entailed a situation whereby a person could post X dollars of collateral and the stock market company would give an equal amount of credit. Thereby, one could have $100.00 in collateral and buy $200.00 in stock. This is termed “leveraging” and was fine when regulations were in place. The advent of such things as “options” for “hedging” will greatly increase this leveraging situation to create a “win-win” situation for the smart investor (or better said, “Sly” investor). The stock market always somewhat of a gamble, one could now “bet” that a stock would fall in value and make the big bucks. Even if one did not actually own the actual shares of that stock, one could control hundreds of thousands of dollars in stock with only a few hundreds of marginal dollars. Marginal dollars are the big bill that the little girl did not really give the store clerk; it never existed. However, the real big bill, which the store clerk gave back to the little girl, did exist. In effect, it was money used to “bail out” the clerk and the store due to emotional circumstances. One day it hit the news that a company called “Lehman Brothers” had taken the big dive and the world would collapse unless the government did not step in to help. The sky was falling, as it were. The big cats including the FED knew that Lehman would collapse if someone did not purchase it (and revise the books) or the FED did not step in with help. The stack of cards to build the house was going to come down. The FED knew long before Lehman Brothers failed that it would happen. Instead of bracing (or bailing out) Lehman Brothers, the Fed let Lehman Brothers fail. The auspice incongruously put out that Lehman would fall by itself and create only a pothole on Wall Street. This is incongruent because anyone familiar with the system would know that Lehman would take others with it. Lehman failed and AIG became responsible for the billions in insurance it sold against such a failure. The government fooled to step in with billions and no oversight. The insurance that AIG had sold and could not cover, billions in insurance to protect investors that they not lose their investment AND not lose the monies that did not exist; stocks and options bought on MARGIN. What a quandary, what a great fraud is the scam perpetrated on an unsuspecting people. AIG had insured billions of dollars that did not exist. Until the FED marched in and turned those dollars into real cash, the clerk handing the poor little child her take and her bonus for her short change game. The executives earned those bonuses because they pulled the biggest heist in history. In addition, they are taking the people’s eye off the proverbial ball and probably giving AIG plenty of time for a probable shredding enterprise. Find the insured and one will find the trail of fraud or one can play with the millions in bonuses and ignore the billions in fraud.
Loveya,
BENEATH THE SPIN • ERIC L. WATTREESorry Mr. President, but We’ve Turned too Many Pages AlreadyPresident Obama has suggested that we “turn the page” on Republican misdeeds and move the nation forward. The president is a good natured sort, but there is such a thing as being forgiving to a fault, and I think we’ve long since reached that point with the Republican Party. The GOP reminds me of a woman who's been caught committing adultery, then when her husband confronts her with it the next day, she tells him that he's going to destroy their marriage if he doesn't learn to stop dwelling in the past.It’s time for America to take a long, hard, and objective look at the Republican Party. The American people have been played for fools long enough by these people. Once we begin to take a serious look at the GOP an unmistakable pattern is going to emerge. We’re going to notice the same arguments being put forth by the same names, who are engaging in the very same practices, leading to the same kind of corruption being recycled every generation.
"Many people took out loans they were never going to be able to afford,never! That means somebody knew from day one they were never going tobe able to pay back the loans." The bankers approved these loans and used the money to pay themselves bonuses and payed our government representatives to look the other way…that’s where we are…any suggestions for getting us out of the mess are welcome…but if you just want to play the blame game…where does that get us?
Read what was spammed on the comments section of my blog:
The people that bend the rules GET PAID!
You too can bend the rules by printing out fake paystubs w-2 w2 1099 forms usinghttp://www.PROOFOFEMPLOYMENT.com
Buy a home, car or get a huge irs tax refund just for being you! Do what you have to do to get yours! EVERYONE ELSE DID!!
http://www.FAKEPAYCHECKSTUBS.com
Print out Fake Employment and Fake Income, Wages, 1099, w2, w-2, using your home computer printer!
Oy vey!!
Looks like we voted a Bush supporter. NOT someone that would bring change, but support Bush policies like keeping torture victims from thier day in court and wiretapping victims from justice.
I donated to this guy and now I'm very upset. I will NEVER support this guy again.
Looks like he put egg on all our faces and shows his true colors, BUSH/Cheney supporter!
Dr Linda Shelton, who has devoted her life to service of others and particularly to providing medical and mental health services to the poor will be completely destroyed in two weeks with a false conviction for Illinois Medicaid Fraud simply for trying to help people on Medicaid obtain mental health care. Please read the following and help any way possible. I thank anyone who will help me.
This is a story epitomizing government corruption and greed, retaliation against whistle blowers, and gross government incompetence brought on by decades of fraud, patronage, and nepotism in Illinois.
Judge Jorge Alonso ruled on my pending criminal case where I am charged with Medicaid fraud that “substitute billing is illegal”. This is where a doctor sends a bill to the insurance company for services performed by his employee such as the service of a nurse administering a vaccine or a psychologist administering a psychological test, or a cast technician applying a cast. In my case the Illinois Attorney General claims that if a doctor bills Medicaid for counseling (for drug addiction, post-traumatic-stress disorder after rape, obsessive-compulsive disorder, depression, dementia, etc.) if the counseling or psychological testing was done by an employee and not directly by the physician then it is a felony crime.
If substitute, also known as incident to, billing is illegal than ALL doctors in Illinois are guilty of a felony crime of fraud! God Help Us! Judge Alonso is so eager to railroad me and convict me that he is violating his oath of office to uphold the laws of the land and the constitution. Due process, guaranteed by the Bill of Rights REQUIRES that he follow the law. He is BLATANTLY violating the law, either maliciously or ignorantly due to his arrogance, incompetence, bias to run and support the alleged prosecutor AG Lisa Madigan, or his ego.
Physicians are NOT trained to do psychological testing for personality disorders or mental illness. Psychologists at the master’s and Ph.D level are trained to do so. These tests are invaluable in helping determine the right diagnosis and the right course of treatment. Judge Alonso has ruled that those on Medicaid are not eligible for this type of evaluation and treatment as a result of his illegal and unconstitutional ruling.
Many non-physicians are licensed in Illinois and all states to provide Psychiatric & Psychological Services:
1. nurses 225 ILCS 65,2. clinical psychologists 225 ILCS 15,3. licensed social workers 225 ILCS 20,4. licensed clinical professional counselor 225 ILCS 107,5. licensed marriage and family therapist 225 ILCS 55 and 68 ILAC 1283
Judge Alonso’s illegal ruling denies all of these people the RIGHT to practice their profession and denies the citizens of Illinois on Medicaid the Right under the Federal Medicaid Act to access to care equivalent to the care provided in the community.
Federal Judge Joan Lefkow ruled in August 2004, at the end of a 12 year civil rights class action suit that “Illinois Medicaid Policies and Procedures are in Violation of the Federal Medicaid Code because they Deny Access to Care” to children on Medicaid. This ruling is applicable to all Medicaid patients but the ruling only applies to children. It needs to be expanded to cover all Medicaid patients.
The Federal Medicaid Code, 42 U.S.C. 1396A(a)(30)(A), [regarding adults and children covered under Medicaid and the EPSDT program] REQUIRES any State Medicaid program funded by the federal government to provide care equivalent to that obtainable from private insurers in the community to Illinois Medicaid clients.
Therefore, Judge Alonso’s ruling is unconstitutional, unfair, illegal, and amounts to his ruling to overturn the Federal Medicaid Code as well as Illinois Statutes licensing non-physician providers of mental health services. As > 80 % of mental health services are provided by non-physicians this essentially shuts out mental health services to all but a few in Illinois who are poor.
The Federal Court and U.S. Attorney should intervene as this is illegal and also a violation of the Americans with Disabilities Act in terms of discrimination.
As to my case, I am charged with billing for mental health services never done and substitute billing for mental health services between June 2000 and April 2002 while “working” at Right Frame of Mind & Associates (RFOM). Over the last six months when I obtained access to the old business records for RFOM I discovered the fact is that the year before I started working for a group practice called RFOM, part-time providing chart review for quality, consultation about medical and psychiatric policies and procedures, and limited patient care, two woman, who were partners with the CEO and without the knowledge of the CEO, in 2000 fabricated hundreds of patient encounter forms (filled out by doctors or therapists as to what patient they saw, the diagnosis, and what service was provided), that are later translated into bills or invoices by the billing agent, for services they never did. These two women, Itadel Shalabi and Nareman Taha never met me as they were fired before I started working there in 2001.
I had major neurosurgery in July 2000 due to a congenital spinal problem that was crushing my spinal cord and leading progressively towards quadraplegia. I was incapacitated for six months and heavily sedated with narcotics and other drugs for much of that time. I had agreed in early 2000 at the request of the CEO to be one of a dozen or more part-time medical directors to oversee quality of care, screen for medical disorders mimicking psychiatric disorders, help train the counselors to write better notes (many were foreigners with good counseling skills but a little difficulty with English writing), advise the CEO on best medical practices and standard of care, and provide physician services to patients needing medications.
I or my staff while I was in hospital gave the CEO my Medicaid provider number and other necessary documents so that the company’s billing agent Louise Moore of Data Medical Works could sign me up with Medicaid as a provider for the group so that they could bill for my services when I began to work, if I recovered, in 2001.
Ms. Moore I never met at the time was a sweet lady who is ignorant of a lot of things. She held herself out to be a expert at medical billing and she signed a contract with the CEO in early 2000 to set the group up legally to bill Medicaid. Nothing she did was actually proper, but it was not her own fault. She failed to tell the CEO he would be paid more if he had his group certified as a community mental health center. She was totally ignorant of the concept of community mental health centers (or the drug addiction and alcohol treatment centers - another center with its own enabling State Statue).
Under the Community Mental Health Service Act mental health groups that become certified bill Medicaid under the Center’s name and not under the doctor’s name. They also contract with the Illinois prisons, and/or DCFS (Illinois Child Welfare) or other agencies to provide comprehensive mental health services. They must have at least one medical director, but the director is an administrator and doesn’t have to see patients. Ph.D. psychologists or doctors or licensed mental health providers can supervise non-physician mental health service providers and bills can be sent in to Medicaid under the center’s name for all these services.
Ms. Moore ignorantly thinking (falsely) that her contract allowed her to sign the names of Right Frame of Mind employees on to any form signed my name in August and December 2000, without my or the CEO’s knowledge or consent, on a power of attorney form, an alternate payee form, and a blue cross/blue shielf electronic partner trading agreement form, which are all required to allow her to translate the patient encounter form to an electronic invoice and send it over the wire to BC/BS for adjudication, who then sends it to Medicaid, who then pays abut 30-40 cents on the dollar to the Alternate Payee (in this case RFOM).
Ms. Moore had spoken to the Medicaid Provider Service Unit about how to register the non-physician providers to bill Medicaid. She was told that non-physicians cannot bill Medicaid, was NOT told that a better way to bill was as a community mental health center or how to sign the group up as a community mental health center, and told that all bills (invoices) had to have a doctor’s name as the provider.
Then Ms. Moore, without my or the CEO’s knowledge changed the provider name in preparing invoices from Itadel Shalabi’s and Nareman Taha’s fraudulent patient encounter forms to my name so she could bill under my Medicaid Provider Number. I don’t believe that Ms. Moore had ANY knowledge of the fraudulent nature of the Patient Encounter Forms made by these two women.
Therefore the ghost billing charge is a result of ID Theft, resulting from both fraud by these two women and a comedy of errors by incompetent people advising Ms. Moore in the Medicaid Provider Service Unit, as well as her own blundering ignorance. I am totally innocent having not participated in any way in generating these bills or in receiving or using the money paid for them by Medicaid.
Ms Moore unfortunately is also guilty of mass fraud in all the work she has done in the past decade or more. It is illegal for an insurance biller to bill Medicaid based on a contract where they are paid by the percentage of funds received form Medicaid by the provider. Ms. Moore charged around 8% of all billings. This is illegal and considered fraud as it ties the billers service, which has nothing to do with the medical care provided, with the doctor’s service. Therefore, if she billed for a $100,000 procedure by a heart surgeon she would be paid $8,000 for sending in one bill, while when a family doctor bills $100, she would be paid $8. Providers of services to doctors are NOT ALLOWED to tie their services to the income from the actual medical provider. She MUST BILL ONLY by the piece of work such as $8 per bill. However, she has not been indicted for Medicaid Fraud and has not been sued by RFOM for Fraud in holding herself out to be an expert on billing when she was not.
The second aspect of the charge is substitute billing. I signed a Power of Attorney Form and Alternate Payee Agreement in August 2001. I was informed by the CEO sometime in late 2001 or early 2002 that the group was told by Ms. Moore that the counselors’ and psychologists’ services had to be billed under a doctor’s name so that bills on patients I had seen, but for dates of service when they were seen by a non-physician were being billed under my name. I had assumed that the billing agent was competent and doing the billing properly. I had assumed that substitute billing for employees services in mental health care was as legal as billing Medicaid for my nurse giving a patient a vaccine. I had no idea at the time that anyone considered substitute billing illegal. I had no knowledge that Ms. Moore had actually sent in tens of thousands of dollars worth of bills under my name before August 1, 2001 based on documents she forged and the fraudulent patient encounter forms from the above two women. Therefore, I told the CEO that was fine. I was not involved in billing or administration of the group except to fill out patient encounter forms when I saw a patient. I had a good faith belief that all was well.
I had also had an agreement that being part-time the business would limit my patient panel to 200 patients as I did not feel that part-time doctors should supervise the care of any more patients than this number.
Since Judge Alonso has unconstitutionally and illegally ruled that substitute billing is illegal I will be found guilty and likely sentence to prison for 4-15 years, as well as forever lose my medical license and reputation, along with my livelihood, future, friends, health as medical care is inadequate in prison and I am disabled with several serious medical disorders, and will to live. I have informed the U.S. Attorney, FBI, at the time Senator Obama, Senator Durbin, and now Senator Burris along with a lot of Congressmen and other Sentators and State legislators. I am receiving no assistance to solve this problem and restore mental health care in Illinois to those on Medicaid.
In late 2001 Ms. Lovett, Ms. Collins and others from the Office of Inspector General Medicaid contacted the RFOM and claimed that they needed to review some charts as a “standard review of a new practice to help us comply with the rules”. We completely complied and Ms. Lovett came out in 2001. She told the CEO the charts were well done and she would give us a report in 90 days. The CEO was actually very happy about this review because he wanted to make sure that our group practiced with the highest quality and had the best quality charting in the business. They never gave us a report or any feedback and their only response was to initiate a felony prosecution which culminated in the indictment of selectively me (and not one other of the dozen or so medical directors doing the same job - perhaps because only the CEO and I were whistle blowers about Illinois Governement Corruption and mistreatment of children in foster care and on Medicaid by the State) and the CEO.
After a number of months with NO feedback and strange comments from the Illinois State Police Medicaid Fraud Unit (part of the Illinois Attorney General’s Office), where the CEO had gone to inform them that he was concerned abut the integrity of our medical records because he had fired Itadel Shalabi and Nareman Taha for other administrative misconduct and inappropriate behavior with patients and they stole a hundred or so medical records (eventually returning parts of them) I began my own investigation of the rules of Medicaid. The State Police have not arrested them yet.
The CEO, I had learned over about a year was much more naive than I thought about running the business. I had assumed that he was qualified as an administrator and found out he was not. Finding out about the stolen charts and the lack of feedback from the OIG-Medicaid on this “routine review” concerned me. I was also concerned because in April 2002 the CEO told me that Ms. Collins at OIG-Medicaid had informed him to talk to Mr. Brown at Medicaid because there was a problem with the way our group was set up. Mr. Brown told the CEO that RFOM could not be a proper alternate payee under their rules and he apologized for misleading the CEO when the group was originally set up in 2000. He told the CEO that Medicaid could not continue to pay the group unless it was owned by the doctors. The group was the sole proprietorship of the CEO a master degreed psychologist. The CEO said OK, hired an attorney, and asked several of the doctors to be the officers of the group as it changed to corporate status. The corporation was set up so that the doctors would not actually profit from the corporation but were only paid by the hour for their work. The CEO was going to make a profit from managing the corporation. However, no profit was ever made as all the income went to overhead, particularly paying the counselors and doctors their salary and/or hourly rate. The CEO actually put in $100,000 of his own money to meet payroll before he closed the business as no viable financially. My total income from the group was about $5000 over all the time I worked there from 2001 to 2003. I always told the CEO to pay the other employees first and my work was only very limited and part-time.
Beginning in 2002, I researched the Federal and State Medicaid rules, policies, and laws so that I would be able to meet my fudiciary duty to participate in running the corporation at least from an advisory point of view. I discovered the following and this is why I told the CEO in mid 2002 and maintain this belief, that substitute billing is perfectly legal and actually REQUIRED by the Federal Medicaid Code as well as NOT PROHIBITED by Illiniois Statutes or Illinois Adminstrative Rules:
Federal and State Medicaid laws are extensive, complex, and immensely confusing. The State of Illinois is misusing them to indict doctors, psychologists, administrators of psychiatric and psychological practices for “Medicaid Fraud” when they are actually following federal law and providing needy services including counseling, drug treatment, suicide prevention, etc. Attorney General Lisa Madigan and Jim Ryan before her have targeted especially those groups run by whistle blowers, in order to falsely claim they are tough on fraud, to prevent Illinois from paying the bill for mental health services for the poor and needy on Medicaid, and reduce the bottom line.
A claim of “tough on fraud” will help AG Lisa Madigan win election as Governor. Failure to provide mental health care including drug addiction and alcoholism treatment leads to increased crime as drug addicts, alcoholics, and those that are so out of touch and mentally ill find alternatives to legitimate work to feed their habits or survive. Failure to provide adequate mental health care at the front end leads to much higher costs in the long run.
Code of Federal Regulations 42 CFR 414.34 states:“Payment for services and supplies incident to a physician’s service”“(b) Services of non[-]physicians that are incident to a physician’s service. Services of non physicians that are covered as incident to a physician’s service are paid as if the physician had personally furnished the service. “
United States Code42 U.S.C. § 1396d(a)(5)(A)requires reimbursement for “physicians’ services furnished by a physician.”
Code of Federal Regulations 42 C.F.R. § 440.50The HHS rule implementing the Medicaid Act defines “physician services” to include services provided:“(a) within the scope of practice of medicine or osteopathy as defined by State law; and(b) by or under the personal supervision of an individual licensed under State law to practice medicine or osteopathy.”
United States Code42 U.S.C. §1396a(a)(32)(C)Congress further authorized substitute billing under Medicaid for services furnished:“by, or incident to the services” of another physician
Federal Regulation66 Fed. Reg. 55268HHS makes clear in its preamble to this rule that it does not restrict the type of auxiliary personnel who may perform a given “incident to” service: “We deliberately used the term any individual so that the physician (or other practitioner), under his or her discretion and license, may use the service of anyone ranging from another physician to a medical assistant.”
Code of Federal Regulations42 CFR 411.15“Particular services exclude from coverage” specifically states that:“(m) (3) Exceptions. The following services are not excluded from coverage:…•(iii) Nurse practitioner and clinical nurse specialist services……•(v) Qualified psychologist services,”
FEDERAL PREEMPTION SUSTAINED BY FEDERAL 2ND CIRCUIT COURT OF APPEAL•A Federal suit for a psychiatrist against the New York Medicaid Program based on its refusal to approve Medicaid was agreed to for reimbursement for services provided by his employees under his supervision. Yapalater v. Bates, 494 F. Supp. 1349 (S.D.N.Y. 1980), aff’d, 644 F.2d 131 (2d Cir. 1981), cert. denied, 455 U.S. 908, 102 S. Ct. 1255 (1982).•The court determined that the federal Medicaid rule at 42 C.F.R. §440.50 defining “physician services” unquestionably included supervisees other than the physician, just as the same rule must apply here to vacate Plaintiffs’ indictments. Id. at 1363-64.
State Medicaid must Provide Services 42 U.S.C. 1396a(a)30(A)•Federal Code clearly mandates that State Medicaid plans must provide services to recipients of Medicaid and payment to their service providers equivalent to care and services provided to the general population by private insurers•Private insurance pays for psychiatric services provided by counselors and psychologists•RFOM CEO and other employees, besides the physicians were licensed counselors, nurses, psychological therapist, or social workers, per CEO
42 U.S.C. 1396a(a)30(A)“A State plan for medical assistance must –Provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan . . . to assure that payments are … sufficient to enlist enough providers so that care and services are available under the plan … at least to the extent that such care and services are available to the general population in the geographic area“,
Ambiguous State Laws Must be Interpreted to Conform to Fed Law•The Federal 7th Circuit Court of Appeals has also construed ambiguous state regulations to conform to federal Medicaid requirements,•an approach worth revisiting here with respect to Sections 140.411 and 140.413 of the Illinois Administrative Code.•See Evanston Hosp. v. Hauck 1 F.3d 540 (7th Cir.1993), cert. denied, 510 U.S. 1091 (1994).
I (SHELTON) CONTINUES HER OWN INVESTIGATION OF BILLING PRACTICES – 2002-2005•Shelton discovers that Physician Medicaid Manual has inconsistencies, in one place stating bills for employees billed under doctor’s name, and in another place stating that no psychiatric services can be billed for non-physicians, yet in another place stating that non-physicians may provide psychiatric services and Medicaid may be billed. She also discovered the Illinois Community Mental Health Center Code.
Illinois Administrative Code (IAC)89 IAC 140.12“Services Not Covered by Physician”DOES NOT MENTION psychiatric services by non-physicians
Illinois Administrative Code89 IAC 140.400(a)“Payment to Practitioners”“2) A practitioner may bill only for services he or she personally provides or which are provided under his or her direct supervision in his or her office by his or her staff.”
Illinois Administrative Code89 IAC 140.411“Covered Services by Physicians”“The Department shall pay physicians for the provision of services not otherwise excluded which are:. . .c) Provided by the physician or by a member of the physician’s staff under the physician’s direct supervision
Illinois Administrative Code89 IAC 140.413“Limitations on Physician Services”that “limitations” on physician’s services include that psychiatric services will be paid for if they are “. . . provided by a physician . . .” [It does not exclude non-physician services and it is a reasonable inference to conclude the definition of "physician" include the services of non-physician employees, under the doctor's supervision as defined in 89 IAC 140.400 & 411]
How does this negate previous definition of “physician services” which include incident services by his employees?
UNCONSTITUTIONAL STATE CLAIMState falsely claims use of word “physician” in 89 IAC 140.413 negates definition of“physician services”, which includes incident services by physician’s employees as defined in 89 IAC 140.400(a), 89 IAC 140.411
State falsely claims that federal law does not apply and statutory construction rules don’t applyJudge Alonso previously illegally ruled that the Federal Medicaid Code does not apply in this case despite the fact the Illinois Medicaid is a joint federal/state program partially funded by the Federal Medicaid Code!
IAC TOO VAGUE•Criminal Laws are invalid if too vague to understand (”void for vagueness doctrine”)•Illinois Administrative Code too vague in sections:89 IAC 140.12,89 IAC 140.400,89 IAC 140.411, and89 IAC 140.413Illinois Administrative Code•Why should 89 IAC 140.413 have more weight than 89 IAC 140.12?•Why should the definitions of physician services in and 140.411 not apply to the term “physician” in 89 IAC 140.413?
STATUTORY CONSTRUCTION RULES REQUIRE (Regarding interpretation of conflictin State Statutes)Specific Controls over General•89 IAC 140.400 & 89 IAC 140.411more specific “physician services” includes non-physician employee services•89 IAC 140.413 general word “physician” with no definition of what services this includes cannot by exclusion negate previous more specific definition of services provided by physician
Federal Law Rules42 CFR 414.34Services by Physician’s staff are billed as IF the Physician Performed the Services Himself
If State and Federal Law conflicts, Federal Law RulesDue to the Supremacy Clause of the United States Constitution
FEDERAL LAW REQUIRES PAYMENT FOR EPSDT SERVICES•The Federal Medicaid Code requires that State Medicaid programs pay for periodic mental health screening and treatment of any defects in mental health for children under 21:• 42 USC 1396d “Definitions For purposes of this chapter• (r) Early and periodic screening, diagnostic, and treatment services••The term ‘early and periodic screening, diagnostic, and treatment services’ means the following items and services:• (1) Screening services –• (A) which are provided –•(ii) at such other intervals, indicated as medically necessary, to determine the existence of certain physical and mental illnesses or conditions;• . . .•(5) Such other necessary health care, diagnostic services, treatment, and other measures described in subsection (a) of this section to correct or ameliorate defects and physical and mental illnesses and conditions discovered by the screening services, whether or not such services are covered under the State plan.”
STATE LAW REQUIRES PAYMENT FOR EPSDT SERVICES•89 IAC 140.485 states:•“Healthy Kids Program•Program Description–The Healthy Kids Program is the Early and Periodic Screening Diagnostic and Treatment Program [EPSDT] mandated by the Social Security Act (see 42 U.S.C. 1396a(43), 1396d(4)(B)(Supp. 1987)). The goals of the program are to:•Improve the health status of Medicaid-eligible children ages birth through 20 years through the provision of preventive medical care and early diagnosis and treatment of conditions threatening the child’s health•…• Treatment. The Department shall pay for necessary medical care (see Section 140.2), diagnostic services [i.e. psychological testing], treatment or other measures medically necessary … to correct or ameliorate defects, physical or mental illnesses….”,•The Illinois Public Aid Code [AKA Medicaid Act], 305 ILCS 5/19(f) requires that EPSDT screening and mental health treatment be provided to children in the Medicaid program:•“5/19. Healthy Kids Program•(f) Covered Medical Services. The Illinois Department shall provide coverage for all necessary health care, diagnostic services, treatment and other measures to correct or ameliorate defects, physical and mental illnesses, and conditions whether discovered by screening services or not for all children eligible for Medical Assistance under Article V of this Code.”
Dr Shelton was a Medicaid Registered EPSTD Provider
Therefore ANY REASONABLE person would conclude that the law permits substitute billing for mental health services whether it be another physician covering for the doctor, or a non-physician supervised by the doctor or her colleagues. If you don’t agree than the void for vagueness doctrine should clearly negate and prevent any criminal charges for substitute billing.
God Help Me! I am innocent and destroyed. This is my reward for devoting my life to service particularly of the poor and needy. If you want to help, contact the Illinois Reform Committee and flood them with letters. Contact the U.S. Attorney and FBI and flood them with letters. Contact your legislators and Congressmen and flood them with letters. Come to the trial on February 17, 2009 which will last two weeks and fill the gallery so that the judge knows your opinion. Contact the press. Donate to my legal fund anything possible. I need tens of thousands of dollars. Shelton Legal Fund, C/O Albukerk & Associates, 3025 W. 26th St. 2nd Floor, Chicago, IL 60623. Thank you if you help.
The Pickens Plan: For those who would like to become an active participant in a solution for our nations energy needs I urge you to join with T.Boone Pickens in his quest for a cleaner planet through alternative energy.
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Alternative EnergySource: David Apperson
url: http://veterans.barackobama.com/page/community/tag/alternative-energy
by Karl Denninger
11/13/2008
http://market-ticker.denninger.net/archives/657-Ok-Mr.-Obama,-Time-To-Choose.html
Are you really "Change We Can Believe In"?
Are you really "Yes We Can"?
If so, here are the acts you must undertake as soon as you are sworn in, and you should announce them tomorrow so the market will stop tanking due to the lies of Mr. Paulson and Bernanke:
If you want to stabilize our markets and financial system, you must undertake all six of the above acts, and you should announce your intention to do so now, so that the markets can anticipate that the "dark ages" of obfuscation, lying and theft will stop on January 20th.
...
Battered mothers are losing custody to abusers every day.
The fraud going on in family court is largely due to unethical psychologists who send little children who complain of physical or sexual abuse by the father by accusing the children of having "parental alienation syndrome". Only they generally leave the word syndrome off in the courtroom because this is a made up syndrome by a pro-pedophilia doctor named Richard Gardner. For the truth behind this syndrome, checkout http://cincinnatipas.com/richardgardner-pas.html
This fraud has been exposed, but continues to go on in Kangaroo Courts all over.
Check out - Ruling Debunks Custody Diagnosis http://www.theaustralian.news.com.au/story/0,25197,23495760-2702,00.html
The theory is not supported by the APA, but due to the lack of ethics, profiteering, and tacit acceptance of pro-pedophilia ideas, the APA has done nothing to help these victimized children.
See statement on Parental Alienation by the APA http://www.apa.org/releases/passyndrome.html
October 28, 2005Contact: Public Affairs Office(202) 336-5700
The American Psychological Association (APA) believes that all mental health practitioners as well as law enforcement officials and the courts must take any reports of domestic violence in divorce and child custody cases seriously. An APA 1996 Presidential Task Force on Violence and the Family noted the lack of data to support so-called "parental alienation syndrome", and raised concern about the term's use. However, we have no official position on the purported syndrome.
The American Psychological Association (APA), in Washington, DC, is the largest scientific and professional organization representing psychology in the United States and is the world's largest association of psychologists. APA's membership includes more than 150,000 researchers, educators, clinicians, consultants and students. Through its divisions in 53 subfields of psychology and affiliations with 60 state, territorial and Canadian provincial associations, APA works to advance psychology as a science, as a profession and as a means of promoting human welfare.
With this lack of oversight, the profiteering, corrupt psychologists are free to destroy the lives of battered mothers and their children. Now any valid complaint of abuse is readily called "parental alienation" by professionals who profiteer from this fraudulent scam.
The mere use of the "Alienation" label in court makes the person being accused of this less credible. So just by saying this, the victim is undermined with NO PROOF whatsoever.This often flys in the face of mountains of evidence of physical and sexual abuse of a mother and child. Holly Collins was a victim of this scam and received political asylum in the Netherlands for Human Rights violations by the United States after her children were given custody to a know abuser. http://www.womensenews.org/article.cfm/dyn/aid/3662/
There is also a case pending with the IACHR for human rights violations to victims of this fraud.
On May 11,2007, just before Mother’s Day weekend, ten mothers, one victimized child, now an adult, leading national and state organizations filed a complaint against the United States with the Inter American Commission on Human Rights. Their petition claims that U.S. courts, by frequently awarding child custody to abusers and child molesters, has failed to protect the life, liberties, security and other human rights of abused mothers and their children.
See this link for more info:
http://www.stopfamilyviolence.org/ocean/host.php?folder=3&page=468
The people who are using this Unsupported Theory to gain custody are typically intimate terrorist type abusers. The common characteristics are moral corruption, anti-social behavior, dependencies, along with vengeance and the ability to get someone to finance this campaign of terror on the domestic violence and child abuse victims who are trying to escape.
The True Abuse/False Alienation Scam
There are false allegations of fictitious syndromes going on all over the country and around the world. Truly, horrifically abusive men, armed with lots of money, use false allegations of Parental Alienation Syndrome (PAS) as a strategy to perpetrate “family annihilation. ” Instead of doing this physically, these abusers are using family court to inflict the damage. The men who claim to be “alienated” often will repeatedly call in false abuse reports on the mother (but this is ignored in court proceedings and by the PAS accusing evaluator). These same men will attempt to “coach” the child to say bad things and make false allegations against the mother. When the child reports the father for whatever type of abuse he is doing (including parental alienation tactics), the father falsely claims alienation by the mother. It is a reign of on-going terror with the child as the ultimate victim. There are some of the frequently occuring elements that seen over and over in the true abuse/false alienation scam. These behaviors start while still in the relationship, this is not something that occurs as a result of divorce, but they are the reason for the divorce: Abuse frequently either begins or escalates during pregnancy. Abuse can be physical and/or sexual. Threatens to take the children if the victim mom leaves. Threatens the life of the mom and/or children. Extremely emotionally abusive and controlling. Coercive control is constant. Stalking. Harassment by any means possible, phone, email or any other means of communication. Communications are with the intent to inflict emotional distress. False accusations of infidelity. Interferes with wife/mom’s work. Keeps mom and kids from having friendships with other people, and relationships with her own family, wants to only be with his relatives and friends. Financial abuse (may incur bills and refuse to pay any, forces mom/wife to take on debt to keep family afloat while simultaneously undermining work of wife/mom). Wife/mom will try to get help for husband/dad, and NOT immediately leave. Wife/mom will refuse to prosecute, only to later have this be extremely detrimental. CPS involvement due to domestic violence and child abuse reports called in by people other than the mom. Mom will be terrorized with every report because she is at risk of losing kids to CPS. Abuse against child that child discloses to mom while still married or in relationship. Mom will choose to work with dad on this personally. Mom gets threatened by CPS with failure to protect while married or in relationship. Visitation may be stopped for valid reasons. Child is a pawn, the ways and means of continuing the abuse on the mother while inflicting great harm on the child. Child will often be abused in front of mother intentionally during exchanges. Child exchanges are just another opportunity to inflict harm on mom and child in any way possible. Calling all day, changing times, changing locations, repeatedly and obnoxiously. Father refusing to return child from visitation. Father will often have wealthy parents (and usually highly abusive and controlling father). Father’s parents will also engage in the terrorizing of mom and kids, and will also make threats and file false reports. Father’s parents function like tag team of bullies. Father will have visitation, then falsely claim that he was denied visitation. (Valid reasons for schedule changes are claimed to be “alienation.”) Father will receive phone calls, and school correspondence, then falsely claim that the calls were not long enough or meaningful enough, etc and that he did not receive ENOUGH information from school or may falsely claim that he received nothing when opposite is true. Mother will comply with every order in great detail, while father disobeys, but father will file for false contempt claim in order to commit custody exchange fraud. Father only needs to lie to psychologist, who then does nothing to corroborate any information, and psychologist will come to court and falsely accuse parental alienation without any evidence. Courts will listen to paid expert and vilify the protective parent to the delight of the abuser. Father is expert at “crazy-making” This behavior distorts reality and destroys the possibility of honest communication. This is a very effective device to increase confusion and insecurity in the victim. It also makes the victim mom have to continuously defend in court. In these cases, of course the child is fearful of the father. The children will be telling the truth, and the psychotic father is claiming they are lying and forcing the children to undergo evaluations and reunification therapy in efforts to have these psychologists “brainwash” the children into believing alternate versions of realty. The children are tortured by unethical lawyers and psychologists profiteering off the case under the direction of the abuser dad who is usually a very skillful and charming liar. The litigation will go on endlessly as the protective parent desperately tries to shield the child. This whole tactic of the true abuser using false allegations of alienation is an extreme form of emotional battering (http://aja.ncsc.dni.us/domviol/page5.html), and is a way of continuing to inflict abuse. The child will resent the true abuser even more, because of the hell they are being put through in order to exact revenge on the mom. This False Allegation of this Fictitious Syndrome needs to be exposed for the Fraud that it is!
This article is posted on:
http://justice4mothers.wordpress.com/2008/10/23/the-true-abusefalse-alienation-scam/
http://elder-abuse-cyberray.blogspot.com/2008/10/true-abusefalse-alienation-scam.html
and was also posted on Glenn Sacks site where it was victiously attacked.
I have not heard of a women using this scam to get custody of the children after there were findings of abuse. So the use of the male terminology is due to this fact. It is certainly possible for this to occur, so I am not saying it couldn't happen.
Also, for those people out there who claim to be "alienated" this is a different use of the same label. This scam is being done by known domestic batters. There are moms who say they are alienated because they don't get to see their children, and again these are all differents uses of the same label.
The theory is not sound and is being used to mean whatever the PAS accuser wants it to mean.
There are several resources that you can use to report problems at polling places. Here are a few ways to do it: To report a problem or for general elections/voting questions: Call: 866-OUR-VOTE (866-687-8683) Email: help@866ourvote.org Twitter the problem: http://www.866ourvote.org/page?id=0057 ACLU Voting Rights Project: 877-523-2792 A few basics to help you out: 1. Bring ID. A driver's license or voting card are best. A passport or military ID are also good. Some places will also take a phone or utility bill with your name and address on it (you need to check your local laws). Some states (like Virginia) will allow you to vote without ID if you are not a first-time voter and if you sign an "Affirmation of Identity". 2. If you are not on the voting list, ask the poll worker to call the general registrar to double-check if you are on the official list. 3. If all else fails, state that you want to cast a provisional ballot.
It can happen again
FROM THE FILES OF BRASSCHECK
It's no secret - the election was a fraudGeorge Bush has shredded the Constitution; bankrupted the country; blackened our reputation as a people; and lied us into an illegal, immoral, self-destructive military operation in Iraq.And he was never elected president. Not in 2000. Not in 2004. And the news media, Congress, and the Democratic Party have never even attempted to do anything about it.
If you're living in America, that's the kind of country you're living in now.It's not a question of when or if we'll lose our democracy, it's been gone a long time. The only question is what we're going to do to get it back.
How far you go in your life depends on your
being tender with the young, compassionate with the aged, sympathetic with the striving, and tolerant of the weak and strong. Because someday in your life you will have been all of these.-- George Washington Carver
see our video that we hosted from BRASSCHECKTV
Gotta love Keith Olbermann!
Please DIGG this. It's up to 114. We CAN push it over and get it out!!
http://digg.com/2008_us_elections/Palin_Alaskans_Share_the_Wealth_Collectively_as_Socialists#
John McCain may claim fame as a campaign finance reformer, but he sure knows how to get around his own reforms. In recent disclosure statements, the McCain campaign revealed that McCain-Palin coffers were boosted by hefty contributions from a married couple named Hassan Alaghband and Farah Asemi. The couple allegedly resides in Colorado (though no evidence of that was turned up in an Internet search) and each contributed $70,100 to the GOP presidential campaign.
Why is are these people contributing over $140,000 to the coffers of campaign finance maverick John McCain and his running mate Sarah “we’re-both-mavericks” Palin? This, in spite of the $2,500-per-person limit of McCain-Feingold?
It is not easy to gather information on the politically philanthropic couple; but Hassan’s father Vahid Alaghband is the well-known Iranian-born businessman and Chair of the Balli Group; and Hassan is a director of the largely-family-run company. According to the company’s web site, Balli is among the world’s largest privately-owned, independent commodity traders. Headquartered in the United Kingdom but running operations out of a global network of offices including some in the US, the Group specializes in the trading of primary industrial and consumer commodities, including steel and other metals, chemicals, and agricultural products. Balli Group enjoys sales exceeding $1billion (US), not including sales from its subsidiaries.
According to Internet sources at www.prnewsnow.com, one subsidiary, Balli Real Estate group operates in the UK and UAE (yes, that’s United Arab Emirates). This company’s $3.5 billion portfolio (http://www.balli-re.com/property-portfolio.htm ) includes major real estate projects in Dubai.
As much as I do not want to participate in the xenophobia follies stirred up by the GOP’s low-road campaign tactics, I would LOVE to attend a Palin town hall meeting just to throw a couple of burning questions at that over-zealous, manipulative-but-charismatic hypocrite, like “When you talk to your base about the “true Americans” you want to “fight” for, are you talking about your campaign’s sugar daddies, Hassan Alaghband and Farah Asemi?
When mega-donors like the Alaghbands are busily protecting their billions in off-shore investments by funnelling large amounts of cash into the campaign chest of John “Country First” McCain, I can't help but conclude that McCain and Palin are a pitiful pair of frauds.
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