Category Archives: Undocumented

Immigrants in construction — key facts « Working Immigrants

Peter Rousmaniere posted the following fact sheet about immigrants working in construction. While this has no bearing on health care at present, it does have some bearing on workers’ comp, especially in light of the current regime’s draconian policy towards immigrants from Central America.

As this “crisis” progresses, it may be harder for construction companies to find workers to employ on construction sites.

This, in turn would mean that they may be less construction work, and for the insurance industry, less risk and less profit to be made from insuring these projects.

In workers’ comp, that would translate into less frequency of losses, but it would also cut off revenue from carriers covering such risks.

And he promised to create jobs? Hardly.

Source: Immigrants in construction — key facts « Working Immigrants

Advertisements

Health Care, Immigration, and the Supreme Court

This week America underwent a shock of such magnitude that many believe that this is the end of the experiment begun in 1776, and the United States lost its standing as the “Shining City on a Hill.”

We have witnessed the cruelty of the Trump regime towards innocent children snatched from the arms of their parents, simply because their parents want to escape the violence and oppression of the drug gangs rampant in their home countries.

These parents want not only to secure for their children a life free from being recruited into these gangs, they also want to provide their children with a better life.

And most of them did so according to US immigration law. They presented themselves at legitimate border crossings, and were summarily arrested, had their children separated from them, the children, some as young as a few months old, put in cages, or transferred across the country, and placed in facilities where no press or Congressional observers are allowed to see for themselves, except on special guided tours where they cannot speak to the children.
Recently, a judge in California ordered the regime to re-unite the children with their parents and effectively ended the zero-tolerance policy.

Tomorrow, at 11 am, I, and many others around the nation will take part in a march to protest this cruel and un-American action. The march I will be attending will be held in West Palm Beach and will cross the Intracoastal Waterway by way of a bridge connecting the mainland with Palm Beach island. The march will terminate at Mar-a-Lago, the former home of Marjorie Merriweather Post, heiress to the Post cereal fortune, and that is now owned by the Orangutan.

Why am I writing this, and what does it have to do with health care? And what does the Supreme Court have to do with these other issues?

That is what this post will attempt to address.

To begin with, the immigration issue will have a profound effect on the health care system, as the older Americans get, the more home health and nurses’ aides they are going to need.

Preventing these unfortunate men, women and children, fleeing violence and drug gangs, and civil war and corruption at home, will mean that in the future there will be fewer workers to take these and many other jobs in health care and other industries.

In addition, the so-called “travel ban”, is really a cynical attempt to impose a Muslim ban without calling it one. The Supreme Court weighed in on this move this week, ignoring the racist comments made by the Orangutan, and gave him wide latitude to ban anyone he does not like.

This will have the chilling effect of preventing both medical students and physicians from coming to the US, not only from the countries on the list, but all other Muslim nations. The medical travel industry, also may feel some effect, as providers and facilitators from Gulf states, and other nations in the region, may be prevented from attending conferences and speaking engagements, and Americans who go to the UAE may be given greater scrutiny upon return to the US.

As a grandson of immigrants, this un-constitutional, un-American, and inhumane action by this regime is very disturbing and sickened me when I heard the cries of those children. But, according to recent polling on the issue, 58% of Republicans approved of the separation of children from their parents, while 92% of Democrats disapproved. The CNN poll results are here:

On top of the immigration debacle, and the “travel ban”, there was a third and more devastating blow to American democracy and to the Republic this week. The retirement of Justice Anthony Kennedy, a swing vote on many issues brought before the Court, portends that the Court will be radically altered once a replacement is chosen and confirmed by the Senate.

But unlike the Merritt Garland nomination, Mitch McConnell is vowing to confirm whatever nominee the Orangutan appoints, and the regime promises to appoint a strict Conservative justice. Several commentators have indicated that abortion, LGBTQ rights, and maybe even health care, could be overturned if one more current justice, most probably Ruth Bader Ginsberg, retires or like Scalia, dies in the next two years. She is 85.

Overturning Roe v. Wade and making abortion illegal once again, will force women to seek back alley abortions, and will severely impact their health and lives. Also, it is possible that birth control and access to it, may be denied to women, and that will have serious impacts on health care in the future. Some believe that Roe is settled law, but don’t count on them being right. The Religious Right is waiting for the day that women are forced to carry to term pregnancies they don’t want, and then have any neo-natal or post-natal care taken away, so that they and their babies suffer needlessly.

A strict Conservative on the bench also threatens gay marriage and LGBTQ rights, as it was Justice Kennedy who broke with the Conservatives and said that gay people had a constitutional right to marry. It may mean that more cases like the recent Colorado case may be decided in the plaintiff’s favor, albeit without the bias the state Commission showed to religion.

Lastly, health care could face enormous challenges ahead if the makeup of the Court swings radically to the right. The current Court ruled that the ACA was Constitutional, but since the coup of 2016, the GOP has steadily destroyed the law and a radical Supreme Court just might put the last nail in the coffin and deny millions of Americans health care. There is also a health care bill in Congress that will remove many diseases and pre-existing conditions from coverage.

This is especially disturbing to yours truly, as I have one of those pre-existing conditions: ESRD. Right now, I have Medicare only, but who knows what a radical Court may do to that and the other health care programs such as Medicaid, CHIP, etc.

In college, I was taught that the Court generally swings from liberal to conservative, but in my lifetime, it has gone from liberal to conservative, to radically conservative, so that now we may be headed for a judicial, corporate dictatorship where the people have little or no rights, and Corporate and religious interests have all the rights.

The following quote sums up our predicament:

“When fascism comes to America it will be wrapped in the flag and carrying a cross.”
Sinclair Lewis

So, what do we do?

Well, the march tomorrow morning is a start. I have been critical of those groups opposed to this regime sitting on their kiesters and doing nothing except marching once a year in January for two straight years in the Women’s Marches. This crisis is bigger than just one demographic group. This fight is for the soul of the nation and for the Republic as a democratic republic. A journalist heard this morning on MSNBC said she went to Minnesota recently when the Orangutan was there, and she said that the cab driver told her that he is a Republican, is against the Orangutan, and cannot speak to friends about him because they believe him 100% and think he is a god.

Great! Now we have a Caucasian version of Kim Jong Un.

We have to work together, because in the words of Pastor Niemoeller:

First, they came for the Socialists, and I did not speak out—
Because I was not a Socialist.
Then they came for the Trade Unionists, and I did not speak out—
Because I was not a Trade Unionist.
Then they came for the Jews, and I did not speak out—
Because I was not a Jew.
Then they came for me—and there was no one left to speak for me.

The Founding Fathers knew something like this would happen, but never thought that the Electoral College, created to prevent this, would actually make it a reality. We are living in scary times.

Have a good weekend everyone, and if I don’t write before Wednesday, have a safe and happy Fourth…it may be our last.

The Cry of the Children

Taking a break from writing about health care, workers’ comp, and medical travel, I want to talk about something I saw, or rather heard yesterday afternoon on MSNBC.

It was an audio (furnished by ProPublica) of children crying at a detention center (more like Concentration Camp) that broke my heart. I was in tears, and very seldom do so. But those cries went right to me.

If they did to you, then you are a good human being. If not, then you have no soul. And please, don’t quote me that that’s the law, or it is in the Bible, or they are illegal and have no rights.

EVERY HUMAN BEING HAS RIGHTS.

And as for whether or not they are “illegal”, I guess you forgot that when your ancestors arrived on the Mayflower or whatever ship they sailed on, the landlords here for thousands of years knew you were “illegal” too.

The ancestors of all of these people now streaming to our border came to this hemisphere some 20,000 years ago, so by those standards, you, me, and all the rest of us are undocumented aliens. But no one tells us to leave. Or yanks our kids from our arms.

That we do this and many other things to minorities is a symptom of our greed, ignorance, and stupidity that never seems to die out. Take for example, our Confederate-era Attorney General, Jeff “Foghorn Leghorn” Sessions. That refugee from the set of “Gone With the Wind” is not only a religious zealot, but a full-out bigot and racist from a region of the nation that still has not given up its racism and hatred of non-whites, and non-Christians. In this case, non-Protestants from Catholic Latin America.

Too many of our fellow Americans have been poisoned by talk radio, Fox News, and local politicians to see that we are all immigrants and that at times in the long history of the human species, we were migrants too. Our prehistoric ancestors migrated, as did many more recent peoples. But none ever subjected to such cruelty, except during the 1930’s and 1940’s.

We were all taught in school to believe in the ideals of America as a shining city on a hill (incidentally, an idea the Puritans created), and was more about a religious view than a secular one. We were all taught about why we fought a revolution, why we have a Declaration of Independence, and why we have a Constitution that secures our rights and liberties.

And now we are throwing all that away because of a clique of neo-fascist, racist bullies and bigots, headed by a pathological liar and con man, who has conned a large segment of the American people (by which I mean White people) that he can make America great again, all the while cozying up to dictators and dissing our friends.

Folks, this is how Hitler and the Nazis began. And it ended with 6 million dead (my maternal great-uncle, aunt and their six children among them), so don’t tell me it is legal or biblical. You know where you can put that.

And those of you who say they have stolen our jobs or they are criminals and rapists, I have news for you…next time you are in a restaurant, or a family member is in a hospital, bus your own table, and clean up your family member’s dirty linen. Because if Herr Miller (Stephen) gets his way, there won’t be any bus boys, nurses’ aides, home health aides, janitors, and other occupations Americans won’t be filling begging for workers. Oh, and you can come to Florida and pick your own fruits and vegetables, because there won’t be anyone to do it for you.

AMERICA IS A NATION OF IMMIGRANTS, SO WE NEED THESE PEOPLE.

 

In-bound Medical Travel and Immigration

U.S. Domestic Medical Travel.com published the following article this morning that discusses the impact of in-bound medical travel on an individual’s immigration status.

http://medicaltraveltoday.com/spotlight-renata-castro-founder-of-castro-legal-group/

Immigration Reform Revisted

Tomorrow evening President Obama is to unveil his plan to grant millions of undocumented immigrants a form of legal status by executive action.

As reported in two articles today, one in Health Affairs blog, and the other in The New York Times, access to health care will not be a part of the President’s plan.

In “The Case For Advancing Access to Health Coverage And Care For Immigrant Women and Families”, Kinsey Hasstedt said that a web of policy barriers to public and private insurance options effectively keeps millions of immigrant women and their families from affordable coverage and the basic health care, including sexual and reproductive health services that coverage makes possible.

Of course, this sounds all too familiar to anyone who has read my articles in the past about immigration reform, medical tourism/travel, and its implementation into workers’ comp.

Ms. Hasstedt also said that many lawful immigrants are ineligible for coverage through Medicaid and CHIP (Children’s Health Insurance Program) during their first five years of legal residency. And as reported in today’s New York Times, undocumented immigrants are barred from public coverage, and the ACA prohibits them from purchasing any coverage, subsidized or not, through the exchanges.

In The New York Times article, Obama’s Executive Order on Immigration Is Unlikely to Include Health Benefits, the president will use his executive authority to provide work permits for up to five million people who are in the US illegally, and shield them from deportation. But his order will not allow them to be eligible for subsidized, low-cost plans from the government’s health insurance marketplace.

Ms. Hasstedt noted in her article that past immigration policy reforms, both executive (something the GOP forgot about because it was Saint Ronnie who did it) and congressional have failed to address the health care needs of immigrants.

I know there are many in the immigrant community, and among their supporters in the rest of the country who applaud the President for taking this long-overdue action due to the inaction of a Congress more in tune with the sentiments of those who like wearing white sheets, than a party whose last occupant of the White House preached “Compassionate Conservatism”.

And there are many within the Insurance and Risk Management and Workers’ Comp industry who downplay the impact immigration reform and the granting legal status to undocumented workers will have on the number of claims filed under workers’ comp.

But as I said in many previous posts, there is no way that workers’ comp can handle all of the claims that will be filed not only by legal residents, but by immigrants and those who are granted legal work status, as the President will do tomorrow night.

The medical tourism/travel industry is not perfect. Name me one industry that is. But the reality is that I have found, having attended three different conferences in the span of two years , that there are highly professional and dedicated people out there, physicians, hospitals and clinics who not only are seeking patients for private pay or group health insurance, but would probably consider taking on patients under workers’ comp, especially in the areas of orthopedic surgeries from work-related accidents, repetitive motion injuries such as Carpal Tunnel, and even weight-loss surgery, as I mentioned in my last post.

So while many in the industry are gambling in Las Vegas this week, which as the commercial says is where their money is going to stay, and where many Hispanics once called home before we showed up, it is high time to seriously consider medical tourism/travel as an option.

The influx of immigrants, and the soon-to-be announced legal status of the undocumented will put a terrible strain on an already strained health care system. It’s time to open the safety valve and let injured workers, many of them Latino, receive care in their home countries and in neighboring countries so that there are no language or cultural barriers to contend with.

Opening up a safety valve and immigration is nothing new. It’s how millions of Europeans came to America in the 19th and 20th centuries. I would not be here writing this today if my grandparents could not use the safety valve of immigration to escape what would have been a terrible fate. Thousands of Irish would have starved if they could not immigrate to the US and other countries. And millions of Chinese would have died in labor camps, famines and revolutions in the early 20th century.

But so long as the US workers’ comp system is locked away in a “padded cell”, the increased number of legal and undocumented workers with legal work status will add more demand on an already overburdened health care system.

The choice is yours. You can go with the flow of history, or stay in Las Vegas and party your way to irrelevance.

The Fiefdoms of Fools

Fiefdom: 2. Informal. anything, as an organization or real estate, owned or controlled by one dominant person or group.

Source: Dictionary.com

Last July, I wrote two pieces, The Stench of Fraud: Why Workers’ Comp Can No Longer Be a Closed System and The Stench of Fraud, Continued. These articles dealt with the issue of fraud in the workers’ compensation system. The first article was based upon David De Paolo’s article about physicians or hospitals in CA using phony or unapproved implants on patients.

The second article discussed the plight of a woman, also in CA, who I called “Ms. X”. Ms. X was injured in the course of her employment, and subsequent to her injury, was injured several times by the treating physician, the medical staff at facilities where she received treatment, her former plaintiff attorneys, the defense attorneys, the insurance company, and finally her employer, who fired her.

I let Ms. X speak in her own words so that the reader would understand the pain and suffering she was feeling was real, and not something that I made up to bolster my argument for transforming workers’ compensation. There are hundreds, if not thousands of Ms. X’s and Mr. X’s out there who are subjected to the dark side of the workers’ comp system in the US. And there are many others who file claims who never suffer abuse or fraud at the hands of the system.

But yet, there are still more vile and disgusting things happening to workers in this country, injured or not, legal or undocumented, native born or foreign, as David De Paolo discussed back in July in his article, How Dare They. David’s website, WorkCompCentral.com reported that over one hundred undocumented workers at a fruit packing plant in South Florida were arrested for workers’ compensation fraud, although only a few of them actually filed claims for workers’ compensation benefits. The company they worked for, Fruit Dynamics, hired the workers who were from Guatemala, Mexico, Honduras and El Salvador, knowing that they were undocumented.

The owners were never suspected in any complicity in the fraud, according to Maj. Geoffrey Branch of the Florida Division of Insurance Fraud. “At this time, we do not believe anybody affiliated with the ownership or management had any idea that any of these documents were fraudulent,” Branch said,“We believe that they thought they were on their face value valid, authentic documents.”  As David points out, the reason for the raid in the first place was because the original complaint was against the employer for intentionally hiring undocumented workers in a pattern of behavior and practice to underreport payroll and intimidate workers out of benefits for work injuries.

David also said that an attorney who had represented several of the workers over the years made the complaint to the Division because there was a pattern of practice that he noted.  The attorney said that the employer’s hiring and management practices were intentionally done to minimize workers’ compensation liabilities and abuse immigrant workers. The employer faced no retribution whatsoever from the law even though there is documented evidence that the company knew what it was doing and its insurance carrier went along with the plan in complicity, David added.

In today’s article, David revisits the case in Florida from July, and reports that the undocumented workers were given “diversion“, which would allow the charges to be dropped assuming compliance by the accused. However, the employer is under investigation, according to a report by WorkCompCentral.com. At the time of the arrests, the Chief Financial Officer of Florida said that the lead the investigators were following would “result in dozens of workers’ compensation arrests and many arrests for identity theft that have been potentially devastating for victims.”

Yet, as David pointed out in his article, that was not the case. The fact is that the few workers’ compensation cases that were in process by workers injured at the Fruit Dynamics plant in Naples, FL resulted in termination of the workers – the employer clearly was sending a message to its undocumented workers: don’t file a claim for injury. Clearly, David continues, the employer threatened, and executed, retaliatory action in order to keep its undocumented workforce complicit, and quiet.

Back in July, David stated that the arrests were “lightly veiled discrimination based on race. The masters aren’t prosecuted for their fraud and deceit, but the powerless workers are punished for their enslavement.”  On top of the fact that Fruit Dynamics engaged in immigration fraud, it is also under investigation for payroll fraud. David concluded that this is a case of racial discrimination bordering on enslavement.

Which brings us to the title of this article, The Fiefdoms of Fools. By that I mean that within the workers’ compensation system in the US, there are various fiefdoms that have been carved out and control the different spheres of influence each of them represent. As David discussed in his article about fraud in July, there are the fiefdoms of physicians and hospitals who commit fraud against the insurance companies and patients.

There are, as I discussed in my second article on the subject, fiefdoms of attorneys, both plaintiff and defense who abuse the system and the claimants, there are insurance companies who commit fraud against the employers, there are fiefdoms of medical facilities who commit fraud by falsifying medical records, there are fiefdoms of physicians who abuse and maim and injure the already injured for their own greed, and then there are the fiefdoms of employers, like Ms. X’s and Fruit Dynamics who terminate employees for filing a claim when they were legitimately injured, or in the case of Fruit Dynamics, unjustly terminated to cover up criminal activity of the company.

But we don’t have to look at what is going on in, or around the workers’ compensation system to see where there are other fiefdoms of employers who are abusing, intimidating, threatening, or retaliating against their employees. You only have to pick up a newspaper every now and then and read about a company like Wal-Mart eliminating health insurance for its employees, or the company that fired a worker who complained to his cable company Comcast, after Comcast contacted the employer.

It does not take much to learn that the American worker is being subjected to vile, disgusting, discriminating and obscene acts by their employer as a means to control and dominate them, in much the same way feudal serfs were controlled and dominated by their feudal masters hundreds of years ago. Each feudal lord had his own fiefdom that he ran as he saw fit. It is no different today with American employers and their employees. We have a former union president and his party to thank for that. The union movement has made many mistakes, but the Republican Party’s war on workers, in and out of unions is one reason why these fiefdoms exist.

Beyond the employee/employer dynamic, there are other kinds of fiefdoms that pertain to the subject of this blog. These fiefdoms are controlled by the various entities in workers’ compensation that have a stranglehold on the very way workers’ compensation claims are adjudicated, processed, treated and disposed of. The workers’ compensation third party administrator firms, claims management firms, pharmacy benefit management firms, bill review firms, and other service providers all have carved out their own little fiefdoms that they control and manipulate for their benefit and profit.

I began this article by defining the word “fiefdom”, but as the title implies, there can be more than one fiefdom, which is why it is plural in the title. As for the part about fools, what would you call people who insist on doing the same thing over and over again, expecting different results; what would you call employers, carriers, physicians, hospitals, medical facilities, lawyers, service providers and the rest who prey upon, abuse, harass, intimidate, retaliate, threaten and terminate employees for no other reason than filing a claim for benefits they rightly deserve after being injured on the job; and what would you call people who knowingly commit fraud for profit? I’d call them fools.

NAFTA, Work Comp and Cross-Border Medical Care: A Legal View

Here is a blog post from David DePaolo that has a bearing on cross-border medical tourism between the US and Mexico, and how workers’ compensation is impacted by the North American Free Trade Agreement (NAFTA).

http://daviddepaolo.blogspot.com/2014/01/the-conflict-between-nafta-and-comp.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+blogspot%2FbJOWY+%28DePaolo%27s+Work+Comp+World%29

The legal case cited by David is the reverse of one of the cases I cited in my White Paper, Legal Barriers to Implementing International Medical Providers into Medical Provider Networks for Workers’ Compensation. It also follows up with my earlier post, Do “Free Trade” Agreements Help or Hinder Medical Tourism and its Implementation into Workers’ Compensation?

And on the heels of my post, Cross-border Workers’ Compensation A Reality In California, it would seem that rather than being an hinderance to medical tourism across the US border, NAFTA is opening it up in both directions.

Would that other trade agreements allow for more medical tourism into the rest of Latin America and the Caribbean, and that state work comp laws, rules and regulations be amended to open the system to lower cost, higher quality medical care abroad that medical tourism can provide.

—————————————————————————————————————————–

I’d like to get to know you better, so please complete the form below and let me know who you are, where you are from (country and city, please), and what you like about my blog.

Thank you so much,

Richard