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Saturday, February 4, 2023

Doctor's opioid prescription conviction tossed after U.S. Supreme Court ruling

 A federal appeals court on Friday overturned the conviction of a doctor accused of unlawfully prescribing addictive opioids in Arizona and Wyoming after the U.S. Supreme Court issued a ruling in his favor that made it harder to prosecute such cases.

The Denver-based 10th U.S. Circuit Court of Appeals ruled that under last year's Supreme Court's decision, jurors were wrongly instructed on how to determine whether Shakeel Kahn knowingly prescribed powerful drugs in an illegal manner.

He was at the center of a Supreme Court ruling in January 2022 that raised the bar for what prosecutors must prove to secure convictions of doctors accused of fueling the U.S. opioid crisis by turning their medical practices into "pill mills."

Kahn's lawyer, Beau Brindley, said in a statement Friday's decision "should pave the way to finally ending the practice of unfairly scapegoating doctors for an opiate crisis for which they were never responsible."

Kahn, 56, has been serving a 25-year prison sentence after a jury in Wyoming in 2019 found him guilty of unlawfully distributing prescription medications, operating a continuing criminal enterprise and other charges.

Prosecutors said Kahn from 2011 to 2016 prescribed powerful pain drugs to people in Arizona and Wyoming in exchange for money after performing perfunctory or no examinations. They included one woman who died of an oxycodone overdose.

At trial, Kahn did not contest that patients abused their medications but disputed what his intent was in prescribing them drugs, asserting he had a "good faith" reason to believe his prescriptions were valid.

He took his case to the Supreme Court, which held that prosecutors have to prove that doctors knew they illegally prescribed drugs in violation of the federal Controlled Substances Act.

The justices left to the three-judge 10th Circuit panel to decide whether jurors were properly instructed in Kahn's case under that standard.

U.S. Circuit Judge Mary Beck Briscoe wrote that they were not, saying the instructions "effectively lowered the government’s burden to showing only that Dr. Kahn’s behavior was objectively unauthorized - not that Dr. Kahn intended to act without authorization."

https://www.yahoo.com/now/1-doctors-opioid-prescription-conviction-014459636.html

Chinese spy balloon a 'clear violation' -Blinken


U.S. Secretary of State Antony Blinken said his visit to China was on hold, a trip that had been expected to start on Friday, as a suspected Chinese spy balloon floated across the United States.

BLINKEN: "Yesterday, the Department of Defense announced that we had detected and were tracking a high-altitude surveillance balloon that remains over the continental United States. We're confident this is a Chinese surveillance balloon." // "The presence of the surveillance balloon in U.S. airspace is a clear violation of U.S. sovereignty and international law; that it's an irresponsible act, and that the PRC's decision to take this action on the eve of my planned visit is detrimental to the substantive discussions that we were prepared to have."

Officials said military leaders considered shooting the balloon down over Montana on Wednesday, but declined due to the safety risk from falling debris.

China earlier expressed regret that what it called a "civilian airship had strayed into U.S. territory after being blown off course."

On Friday, Pentagon spokesman Brigadier General Patrick Ryder said the balloon had changed course and was now floating eastward at about 60,000 feet and demonstrated a capability to maneuver... but he would not go into specifics.

REPORTER: "...But does the public not have the right to know..."

RYDER: "The public certainly has the ability to look up in the sky and see where the balloon is."

Ryder said the balloon was at an altitude well above commercial air traffic and did not present a military or physical threat to people on the ground.

Blinken said he was not going to put a date on when he might go to China and the focus was on resolving the current incident.

“The most important thing right now, in the moment, is to see that this surveillance asset gets out of our airspace, and we'll take it from there."

The trip delay is a blow to those on both sides who saw it as an overdue opportunity to stabilize an increasingly fractious relationship with China. The last visit by a U.S. secretary of state was in 2017.

https://www.yahoo.com/news/chinese-spy-balloon-clear-violation-230400190.html

China balloon soaring over U.S. deflates hopes for diplomatic thaw

 The political uproar over a suspected Chinese spy balloon drifting over the United States did not just derail a planned visit to Beijing by the top U.S. diplomat, it also threatens to upset attempts by both countries to steady an increasingly rocky relationship.

The reaction in the United States to what appears to be an ill-timed spying mission will have lingering consequences for efforts to stabilize ties – already near historic lows. Some U.S. lawmakers are demanding that President Joe Biden, a Democrat, hold China to account for what officials are calling an unacceptable violation of U.S. sovereignty.

U.S. Secretary of State Antony Blinken, who postponed a trip that was to begin on Friday, said he would be prepared to visit Beijing "when conditions allow," but the administration could be hard pressed to quickly revive the trip short of China offering up serious gestures of goodwill, policy analysts said.

Daniel Russel, the top U.S. diplomat for Asia under then-President Barack Obama, said China's "laughable alibi" that the aircraft was an errant weather balloon, didn't help.

"This incident has soured the atmosphere and hardened positions and there's no guarantee the two sides can successfully resurrect the 'Bali' momentum," Russel said, referring to the November meeting between Biden and Chinese leader Xi Jinping in Indonesia where they agreed to increase communications.

Ties between the superpowers have frayed over the past few years and sank to their worst in decades last August, when then U.S. House of Representatives Speaker Nancy Pelosi visited Taiwan, prompting Beijing to conduct military drills near the Chinese-claimed island.

Since then, the Biden administration has said it hopes to build a "floor" for the relationship and ensure that rivalry does not spiral into conflict.

Friday, February 3, 2023

Medicare Advantage Plans Fielded 35 M Prior Authorization Requests in 2021

 Over 35 million prior authorization requests were submitted to Medicare Advantage insurers in 2021, according to a new report

opens in a new tab or window from the Kaiser Family Foundation (KFF).

Two million of these requests, or 6%, were fully or partly denied, according to Jeannie Fuglesten Biniek, PhD, associate director of the Program on Medicare Policy, and Nolan Sroczynski, MSPH, a data analyst for the Program on Medicare Policy, at KFF.

While only 11% of those denials were appealed, the vast majority (173,000 of 212,000) resulted in full or partial approval of the initial prior authorization request.

Prior authorization is meant to prevent patients from receiving medically unnecessary treatment, as well as to prevent waste. However, many experts argue that having to get a service approved by an insurer before it's delivered delays and complicates necessary care.

The KFF report comes on the heels of two rules proposed by the Centers for Medicare & Medicaid Services (CMS) in December 2022 meant to address concerns about prior authorization, as well as the passage of legislationopens in a new tab or window in the House of Representatives (though not the Senate) that aimed to reduce delays in care by requiring all Medicare Advantage insurers to establish electronic prior authorization processes.

The first ruleopens in a new tab or window proposed by CMS would facilitate the use of electronic health records more often for prior authorization to reduce delays and increase transparency in the process (59% of doctors reported using a phone for medical prior authorizations, and 45% reported using fax, according to a 2021 American Medical Association surveyopens in a new tab or window). The second ruleopens in a new tab or window would call on Medicare Advantage insurers to make public summaries of medical evidence used to establish the policies or criteria for coverage of services subject to prior authorization rules.

In KFF's report, Anthem was shown to have the highest number of prior authorization requests, with 2.9 per enrollee, while Kaiser Permanente had the lowest at 0.3. The average was 1.5 requests. The variation is likely due to which services are subject to prior authorization requirements, the authors noted. Insurers also "have the option of waiving prior authorization requirements for certain providers, for example as part of risk-based contracts or through 'gold carding' programs that exempt providers with a history of complying with the insurer's prior authorization policies," they added.

Generally, insurers with more prior authorization requests overall denied a lower portion of them -- Humana had 2.8 per enrollee and denied 3% -- while CVS (0.8 per enrollee) and Kaiser Permanente (0.3 per enrollee) denied 12% of requests.

As for appeals, 20% of CVS denials and 19% of Cigna denials were appealed, compared with 1% of Kaiser Permanente denials. Centene and CVS overturned the most prior authorization denials, at 94% and 90%, respectively.

However, this process that many have said erodes care

opens in a new tab or window and burdens physician practicesopens in a new tab or window still remains somewhat murky: there were no Medicare Advantage data available by firm on which specific clinical services were most commonly denied, approved, or appealed, although a prior reportopens in a new tab or window found that the highest proportions of Medicare Advantage enrollees needed prior authorizations for higher-cost services like durable medical equipment, Part B drugs, and skilled nursing facility stays. This information is key, experts said.

"People who are trying to make decisions about what plan to enroll in don't know what their experience might be until they're actually in it," Fuglesten Biniek told MedPage Today.

In an email, A. Mark Fendrick, MD, director of the University of Michigan's Center for Value-Based Insurance Design said that "better understanding of whether high- or low-value clinical services undergo prior authorization is a critical step to advance policies that clarify and refocus prior authorization's core purpose -- which is to protect patients from potential harm and unnecessary spending, but do not deter access to necessary care."

In the report, Fuglesten Biniek and Sroczynski could not evaluate the reasons that prior authorization requests were denied. According to America's Health Insurance Plans (AHIP), the most common reason for denialopens in a new tab or window is that a clinician did not provide all the necessary clinical information for the prior authorization request.

https://www.medpagetoday.com/special-reports/features/102966

Secret CCP Overseas Police Station In NYC Closed After Reported FBI Raid

 by Andrew Thornebrooke via The Epoch Times (emphasis ours),

A covert overseas police station run by the Chinese regime in New York has been shuttered following a reported raid by the FBI.

“The FBI has confirmed that the ‘overseas police station’ in New York linked to Fuzhou has closed,” a State Department spokesperson said in an email to The Epoch Times.

“We continue to be concerned about PRC [People’s Republic of China] transnational repression efforts around the world and are also coordinating with allies and partners on this issue.”

The America ChangLe Association in New York on Oct. 6, 2022. An overseas Chinese police outpost in New York, called the Fuzhou Police Overseas Service Station, is located inside the association building. (Samira Bouaou/The Epoch Times)

The closure of the facility in New York’s Chinatown comes just weeks after The New York Times reported that FBI agents raided and searched the building at an undisclosed time last fall.

The facility and more than 100 others like it form a network of covert facilities from which experts believe that the Chinese Communist Party (CCP) is conducting a campaign of transnational repression.

According to two reports published in October 2022 and December 2022 by Safeguard Defenders, a nonprofit organization, the overseas police outposts are used to collect intelligence and even forcibly repatriate Chinese dissidents to the mainland to be imprisoned.

“We are aware of reports regarding alleged PRC ‘overseas police stations,’” the State Department spokesperson said.

We take this issue very seriously. Establishing so-called overseas police stations without the invitation or approval of the country in which they are operating raises serious issues of respect for the sovereignty of that country.”

The spokesperson referred The Epoch Times to the FBI and Justice Department for further information. The Justice Department didn’t respond to a request for comment by press time, and the FBI declined to comment on the matter.

China’s Communist Regime ‘Violates Sovereignty’

Chinese authorities maintain that the facilities, which operate in 53 nations, assist Chinese immigrants in foreign nations with tasks that would normally be handled by a consulate, such as renewing driver’s licenses and visas.

However, the stations have been linked to the CCP’s United Front Work Department, an agency that works to advance the regime’s interests abroad by spreading propaganda, conducting foreign influence operations, suppressing dissident movements, gathering intelligence, and facilitating the transfer of technology to communist China.

As such, many nations have voiced concern that the facilities are a threat to national security and a violation of sovereignty.

Irish, Canadian, and Dutch officials have called for China to shut down similar police operations in their countries. Likewise, FBI Director Christopher Wray has characterized them as a violation of U.S. sovereignty.

I’m very concerned about this,” Wray said during a November 2022 hearing of the Senate Homeland Security and Governmental Affairs Committee.

“I have to be careful about discussing our specific investigative work, but to me, it is outrageous to think that the Chinese police would attempt to set up shop—you know, in New York, let’s say—without proper coordination. It violates sovereignty and circumvents standard judicial and law enforcement cooperation processes.”

He refrained at the time from commenting on the legality of the overseas police stations but said they were part of the CCP’s campaign of global transnational repression and linked them to CCP efforts to spy on Americans.

https://www.zerohedge.com/political/secret-ccp-overseas-police-station-nyc-closed-after-reported-fbi-raid

Amazon's attempt to disrupt grocery market not going as planned

 Online retail behemoth Amazon has not yet found the formula for dominance in the grocery industry after years of trying, COE Andy Jassy admitted this week.

The chief executive said on the company's fourth-quarter earnings call Thursday that while Amazon has built what he called a "pretty significantly sized grocery business," it hasn't gained much ground in capturing market share in perishables, which would require a lot more brick-and-mortar locations.

Amazon Fresh grocery store

People walk past an Amazon Fresh supermarket in London. The company revealed this week that it will not expand the grocery stores until it finds a formula that would work on a mass scale. (Photo by Davide Bonaldo/SOPA Images/LightRocket via Getty Images / Getty Images)

Jassy touted the selection and growth of Amazon's Whole Foods stores but said, "if you want to have a mass physical store offering, you need a different offering." The CEO said that is what Amazon has been working on with its Amazon Fresh locations.

But the ecommerce giant has not found what works with Amazon Fresh just yet.

Amazon Fresh

Inside an Amazon Fresh store in Pasadena, CA, Thursday, September 15, 2022. (Photo by David Crane/MediaNews Group/Los Angeles Daily News via Getty Images / Getty Images)

CFO Brian Olsavsky said on the same call that Amazon has shuttered some of its Amazon Fresh and Amazon Go store locations "with low growth potential" last quarter, resulting in $720 million in impairment charges.

Jassy went on to reveal that Amazon leadership has made the decision to hit pause on expanding beyond its current Fresh shops while recalibrating to find what works for the consumer.

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Andy Jassy, chief executive officer of Amazon.Com Inc., speaks during the Bloomberg Technology Summit in San Francisco, California, on Wednesday, June 8, 2022. 

"We've decided over the last year or so that we're not going to expand the physical Fresh doors until we have that equation with differentiation and economic value that we like, but we're optimistic that we're going to find that in 2023," Jassy said. "We're working hard at it. We see some encouraging signs. And when we do find that equation, we will expand it more expansively."

https://www.foxbusiness.com/markets/amazons-attempt-disrupt-grocery-market-planned

Jim Jordan Subpoenas Garland, Wray Over School Board Memo Used Against 'Domestic Terrorist' Parents

 House Judiciary Chairman Jim Jordan (R-OH) has fired off his first subpoenas of the new Congressional session.

The recipients include Attorney General Merrick Garland, FBI Director Christopher Wray and Education Secretary Miguel Cardona, in order to get to the bottom of a controversial memo which the DOJ used to justify activating the FBI Counterterrorism Division to investigate parents voicing their opposition to a variety of topics - primarily mask and vaccine mandates, and teaching critical race theory.

The Garland memo

On October 4 of 2021, AG Merrick Garland issued a memorandum announcing a concentrated effort to target any threats of violence, intimidation, and harassment by parents toward school personnel.

The announcement came came days after the national association of school boards asked the Biden administration to take “extraordinary measures” to prevent alleged threats against school staff that the association said was coming from parents who oppose mask mandates and the teaching of critical race theory.

In late October, however, it was revealed that Garland based the memo on unsupported claims made by the National School Boards Associationwhich apologized for inflammatory language. Garland maintains that the letter had no bearing on the DOJ's stance.

The subpoenas ask for all communications between the recipients and the National School Boards Association.

Jordan, who has repeatedly claimed that the memo was used to justify labeling concerned parents as domestic terrorists, told NBC's "Meet The Press" recently that "the chilling impact on the First Amendment free speech is what we care about."

"School board writes a letter on Sept. 29th. Five days later, the Attorney General of the United States issues a memorandum to 101 U.S. attorneys offices around the country saying, ‘Set up this line that they can report on.’ … When have you ever seen the federal government move that fast?" he asked.

Democrats, meanwhile, have accused Jordan of peddling conspiracy theories.

"The conspiracy theories underpinning today’s subpoenas have been debunked with facts time and time again, but Republicans do not want to be bothered by this inconvenient truth. There is no amount of documents that will satisfy the MAGA obsession with conspiracies," according to Del. Stacey Plaskett (VI), the top Democrat on the Judiciary subcommittee tasked with examining the "weaponization" of the federal government.

A 'protected disclosure':

In mid-November, 2021, House Judiciary Committee Republicans sent a letter to Garland after an FBI whistleblower came forward with "a protected disclosure" - claiming that "the FBI's Counterterrorism Division had been compiling and categorizing threat assessments related to parents, including a document directing FBI personnel to use a specific "threat tag" to track potential investigations."

"This disclosure provides specific evidence that federal law enforcement operationalized counterterrorism tools at the behest of a left-wing special interest group against concerned parents," the letter continues.

According to a public statement by Grassley regarding the one-page letter: 

"The Department of Justice owes the American people a better answer than just a one-page letter that says nothing about why the FBI’s Counterterrorism Division is involved in local school-board matters. Now more than ever, parents should be their kids’ strongest and best advocates. They have the God-given right to do so. And the Justice Department ought to be doing everything it can to protect that right, not scare them out of exercising that right. Attorney General Garland should withdraw his memo. And he should take Congress’s oversight, and concern for the rights of parents, more seriously."

https://www.zerohedge.com/political/jim-jordan-subpoenas-garland-wray-over-school-board-memo-used-activate-fbi