16 Deaths Per Day

(Disclosure: I am a blogger fellow with Brave New Films, the creator of this video and the 16 Deaths Per Day campaign)



Every day in America, 16 people die at work from employer negligence.

That's the backdrop to 16 Deaths Per Day, a new video and website from the advocacy group Brave New Films, seeking to highlight the often-neglected issue of worker safety.

The video makes the point that employers who provide an unsafe work environment are almost never prosecuted in the event of a death of an employee. Even if they were, the crime of contributing to an employee's death is only a misdemeanor, with a maximum prison sentence of six months and a maximum fine of $70,000. Under the Bush Administration, the Occupational Safety & Health Administration (OSHA) hardly ever referred cases to the Justice Department for prosecution, lowered fines for noncompliance so that they represented a minor cost of doing business, and underfunded the agency so it could never inspect worksites across America for unsafe conditions. In addition, OSHA protections currently do not apply to all public employees at the state or federal level.

The video takes a look at the stories of several workers. Travis Koehler-Fergen, an employee at the Orleans Hotel in Las Vegas, and Tina Hall, from Toyo Automotive Parts USA, both died at their workplaces in accidents. The Orleans was found by OSHA to have broken the law, but were never referred for prosecution. 16 safety violations were found at the Toyo plant prior to the accident that killed Tina Hall, but the highest fine ever levied on the company was $7,000.

Members of Congress, including Lynn Woolsey and the late Ted Kennedy, introduced a bill this April called the Protecting America's Workers Act, which would tighten up worker safety laws, and give OSHA the ability to impose legitimate fines on noncompliant work sites, making the law adequate to deal with serious violators. Among other things, the bill would:

• Expand workplace protections to state, county, municipal, and federal employees who are not currently covered by the Occupational Safety and Health Act
• Increase financial penalties for those who kill or endanger workers
• Strengthen criminal penalties to make felony charges available for willful negligence causing death or serious injury
• Expand OSHA coverage to millions of other employees who fall through the cracks (like airline and railroad workers)
• Provide protection for whistleblowers
• Give employees the right to refuse hazardous work that may kill them
• Improve the rights of workers and families, requiring OSHA to investigate all cases of death
• Prohibit employers from discouraging reporting of injury or illness

16 Deaths Per Day has a petition for members of the relevant House and Senate committees, urging them to pass this bill. There's a Facebook page as well.

Former Blue Cross Commercial Actor Denounces Insurance Industry

You may know Andy Cobb from the series of humorous video sketches he's done about Republicans, the media, and assorted inanities. But he works by day as an actor. And a few years ago, he was a commercial spokesman for Blue Cross Blue Shield of Florida. Now, he's speaking out about the insurance industry in a new video produced by Brave New Films for their Sick For Profit campaign (disclosure: I am a blogger fellow on this campaign).

Andy, who lives in Los Angeles, describes himself as a "spokesjerk" put in front of the cameras by the industry to deliberately stand in the way of reform and maintain the status quo. He asks for solidarity from spokesjerks like him - the Sham-wow guy, for example - to stop pitching products that rip off Americans.

More on this at The Huffington Post.

Rockefeller, Harkin Sparring With Insurance Industry

(Sick for Profit)

Senate Democrats are trying to extract some embarrassing information from the insurance industry about their deceptive practices.

First, Tom Harkin, who is seeking to subpoena insurers for failing to provide information requested by his committee.

Harkin, the chairman of the Senate Health, Education, Labor and Pensions (HELP) Committee, said his committee may demand information from health insurance companies about the reasoning for steep increases in premiums faced by small businesses.

"I've been inundated with letters and information about the exorbitant increases in premiums for small businesses in this country," Harkin said during an appearance on MSNBC. "I asked them to come and testify at a hearing I had yesterday. They refused."

"So now I'm asking them to give us information on which we can make some decisions on why these premiums are going up so much for small businesses," he added.

Here's the video:

Visit msnbc.com for Breaking News, World News, and News about the Economy

Jay Rockefeller also wants some information about the industry's "medical loss ratio," and how they cook the books to pretend that they spend a substantial amount of premium money on treatment and care.

The New York Times reports: "The health insurance industry likes to cite figures showing that 87 cents of every dollar in premiums is spent on medical claims. But a new Senate analysis suggests that for-profit insurance companies are spending much less than that, especially for policies sold to individuals and small businesses. Instead, as little as 66 cents of each dollar paid in premiums goes toward doctor and hospital bills, while the rest covers administrative expenses, marketing and company profits, according to the analysis. .... The [health reform] legislation that may reach the House floor later this week would initially require insurers to spend at least 85 cents of every dollar in premiums on medical claims."

A long-standing complaint from individuals and small businesses is that they get less for their money. "But insurance companies generally do not disclose how much they spend in different segments of the market. The Senate analysis of the figures does not include information from California, because that state's filings are not available through the National Association of Insurance Commissioners. ... The insurance industry's trade group, America's Health Insurance Plans, said Monday that the 87-cent figure it cited as the industry average was based on information collected by the federal government and was an accurate reflection of how much of each dollar in premiums was spent on medical claims." (Abelson, 11/2).

This comes at a time when the Senate is about to unveil their health care bill. This information could be crucial to massing public opinion against the industry and keeping the entire Democratic caucus on board with reform.

8.2 Million Reasons Not To Give Up

(Sick for Profit)

The House and Senate will be voting on health care bills in a matter of weeks. But the forces behind the status quo have not quit in their efforts to derail the bill or at least get as many goodies out of it as they can.

The lobbying expenses of the top 13 health insurers and their industry association, America's Health Insurance Plans (AHIP), spent nearly $8.2 million in the third quarter of 2009 to influence Congress on upcoming health care legislation, according to analysis released today by the nonpartisan campaign finance watchdog Public Campaign Action Fund (PCAF). The total marks an 11 percent increase over the pace of their spending in the first half of the year.

"Congress is marching toward passing landmark legislation to overhaul the health care system, and the health insurance industry is fighting them every step of the way," said David Donnelly, national campaigns director of Public Campaign Action Fund. "These insurance giants may be running out of time, but clearly they haven't run out of political cash."

This brings the total in lobbying to nearly $23 million this year, including $6.3 million from AHIP, $3.5 million from WellPoint, $3.5 million from UnitedHealth and $2 million from Aetna. Humana, which has spent $1.85 million in lobbying fees this year, saw their earnings rise 65% in the third quarter, a lot of it off the wasteful Medicare Advantage program, which represents a corporate handout and which is earmarked for scale-backs in the health care bills. Majority Leader Reid's office released this statement in response:

“It’s no wonder why Humana has been misleading seniors about health insurance reform -- they saw their profits rise 65 percent last quarter and want to make sure the gravy train doesn’t end. The insurance industry is making billions by gaming the Medicare Advantage system, at the expense of seniors’ traditional Medicare coverage, and taxpayers are footing the bill.

“The American people have had enough, but unfortunately Senate Republicans have sided with insurers like Humana and are working to protect insurance industry profits over Americans’ health care needs. When we pass health insurance reform this year, this will all come to an end. Our seniors deserve better and American taxpayers should not be asked to pad the profits of the insurance industry.”

Insurers like Humana are ready to pounce on this legislation when it hits the floor in both Chambers, particularly in the Senate, where they will use the amendments process to try and cripple reform and the cloture process to outright kill it. But the insurance industry isn't just fighting for their own self-preservation, they're fighting the interests of the people.

You Don't Think They'll Just Give Up, Do You?

(I'm a blogger fellow for Brave New Films and their Sick For Profit campaign)

After today's announcement from Harry Reid, adding a public option to the Senate health care bill, some might think that a great victory has been achieved. And it's a significant accomplishment to this point. But we're at the beginning of the end, not the end. And now that this public option, with a state opt-out, represents the lower bound of health care reform, you can bet that the insurance industry will redouble their efforts to kill the bill and retain the status quo. In fact, they've already started. Blue Cross/Blue Shield of North Carolina has begun to lobby their customers to work against the bill, asking them to contact Senator Kay Hagan (D-NC). Not a front group, or some ad hoc organization funded by BC/BS. No, just the company itself.

(The mailer) reads:

Public option?
Government Cooperatives?
Community plan?
Single payer?
No matter what you call it, if the federal government intervenes in the private health insurance market, it's a slippery slope to a single payer system.

Who wants that?

The enclosed postcard to Hagan reads:

Senator Hagan,
Please oppose government-run health insurance. We can meet our health care challenges without the government unfairly competing with the private sector. Tell Senate leaders that North Carolina doesn't need government-run insurance.

They've also deployed lobbyists and shills to Capitol Hill to make completely dubious arguments. At a hearing about the insurance industry's anti-trust exemption, this amazing exchange occurred:

University of Arkansas business professor Lawrence Powell, who testified on behalf of the medical malpractice insurance industry.

"The best possible outcome from repealing McCarran is continuation of the status quo," he said. "However, it is also likely that repealing McCarran would have negative consequences for consumers, by decreasing competition and accuracy in insurance pricing."

Rhode Island Democrat Sheldon Whitehouse pointed out that the professor was relying on outdated information.

"You cite for the proposition that insurance markets are highly competitive an article by Paul Joskow. Do I have the date of that article correct, it's 1973?" he asked Powell. "I believe so," came the answer.

And, they've started to push their message out to media, getting an AP reporter to buy the canard that poor, henpecked insurance companies just don't make a lot of money.

WASHINGTON – Quick quiz: What do these enterprises have in common? Farm and construction machinery, Tupperware, the railroads, Hershey sweets, Yum food brands and Yahoo? Answer: They're all more profitable than the health insurance industry.

The missing ingredient here is scale. Tupperware is more profitable than health insurance on a percentage basis, but 1/6 of the US economy doesn't go through Tupperware. In real dollars, the insurance industry makes a mint. And remember, "profit" doesn't count salaries, not even what's given to CEOs.

The truth is that, even with this public option, insurers will do just fine in the health care bill. They get millions of new customers, with competition that is limited (not everyone can get the public plan, under even the most expansive version). But it's just not good enough for them. The notion that they might have to offer coverage with actual benefits, and not cherry-pick the healthy to pay their premiums, which would cut into those profits, is just distasteful to them. So they will fight. And we will be ready.

Just Trust Us

(This is part of my work as a blogger fellow for Brave New Films' Sick For Profit campaign)

Rattled by their failed effort to kill health care reform, Karen Ignagni, the head of the health insurance lobby, took to the Washington Post today to claim, no, really, we love reform, trust us!

Let me be clear and direct: Health plans continue to strongly support reform. In fact, last year we proposed new insurance market rules and consumer protections to achieve universal coverage, remove restrictions on preexisting conditions and end the practice of basing premiums on health status or gender. We firmly believe that all the cost concerns the report raised can be resolved.

Practically every option Ignagni brings up to "resolve" those cost concerns, like killing the excise tax on high-end insurance plans, would only exacerbate them by draining the system of resources and eliminating cost controls.

Furthermore, the entire notion that the industry supports health care reform is ludicrous on its face. They are the cause of most of the practices that need reforming. If they supported reform they wouldn't sustain a system that led to outcomes like this:

Jenny Fritts was 24 years old. Jenny lived with her husband Sean for the past five years, and together they had a little girl named Kylee, 2. Jenny was seven-and-a-half months pregnant with her second child – a beautiful, baby girl.

Jenny is dead. Jenny’s unborn baby is dead. They died because they were turned away for appropriate care at a for-profit hospital because they did not have health insurance. Sean rushed Jenny back to another hospital when her symptoms became even more severe, and he lied about having insurance to get her in the door. She was placed on a respirator in intensive care, but she didn’t make it. She died. And so did her baby.

They become two more of the more than 45,000 Americans who die preventable deaths due to our broken healthcare system every year. Two more. Mother and child.

Nor would they tell mothers that they must be sterilized in order to qualify for health insurance:



It's completely outrageous for someone like Ignagni to even open her mouth about reform. The entire premise should be rejected. The industry has lost their right to speak on the issue.

Friday Random Ten

Hey, why not? For old times sake! By the way, a reminder that you can read my output today at the FDL News Desk.

Heart Shaped Box - Nirvana
How High The Moon - Diane Reeves
Fell On Black Days - Soundgarden
Baby Love Child - Pizzicato Five
All The Dirt - Mike Doughty
Blue Xmas - Miles Davis & Bob Dorough (Christmas comes earlier and earlier every year)
Que Onda Guero - Beck
Soma - The Strokes
Girl/Boy Song - Aphex Twin
Sweetheart - Ween