“IS IT TRUE” MAY 20, 2019
We hope that today’s “READERS FORUMâ€Â will provoke honest and open dialogue concerning issues that we, as responsible citizens of this community, need to address in a rational and responsible way.
IS IT TRUE for many months the past agendas and the approved minutes of the Evansville Development Commission haven’t been posted on their web site? …last Friday the CCO Editor sent the Evansville DMD Director a”Freedom Of Information Request”? …our Editor was immediately informed that the DMD will comply with his request?  …when we receive this information we shall post them for your review?
IS IT TRUE last week it was announced that the Evansville Water & Sewer Utility Department named a new communications director, whose role is to inform the public about the millions of dollars worth of upgrades projects citywide?  …Ella Johnson-Watson has been part of Mayor Winnecke’s communications staff since he took office, has moved to the Evansville Water & Sewer Utility Department?  …her salary is now being paid by the Water and Sewer Utility department budget and we wouldn’t be surprised that Ms. Johnson-Watson didn’t receive a hefty salary increase when she accepted this new position? …about seven (7) years ago the City-County Observer had a disagreement with Ella Johnson-Watson concerning an embargo news issue?  …ever since that disagreement, we have received very few news articles from the Mayor’s office? …starting today we are going to make sure that we receive every news release generated by the Evansville Water and Sewer Department new Communications Director?
Todays “Readers Poll” question is: Who do feel is the most conservative elected body in Vanderburgh County?
Please go to our link of our media partner Channel 44 News located in the upper right-hand corner of the City-County Observer so you can get the up-to-date news, weather, and sports.
Pilot Commercial Courts To Become Permanent
 Judge Richard D’Amour, Vanderburgh Superior Judge Is One Of Six Judges To Presided  Over Commercial Court
by IL Staff for www.theindianalawyer.com•
Indiana’s pilot commercial courts will become a permanent part of the Hoosier judiciary next month.
Indiana Chief Justice Loretta Rush on Thursday signed an order making the Commercial Courts Pilot Project permanent effective June 1, the same day the pilot was set to expire. The Supreme Court enacted the pilot program in 2016 as a way of expediting business and commercial litigation.
The Thursday order establishes six permanent commercial courts to be presided over by:
• Judge Craig Bobay, Allen Superior Civil Division
• Judge Stephen Bowers, Elkhart Superior 2
• Judge Richard D’Amour, Vanderburgh Superior
• Judge Maria Granger, Floyd Superior 3
• Judge John Sedia, Lake Superior
Those Six Judges Also Presided Over The Pilot Courts
The order further makes permanent an Indiana Commercial Court Committee, which is comprised of the commercial court judges, litigators, transactional attorneys and in-house counsel representing businesses, other attorneys with commercial experience, a lawmaker, a Chamber of Commerce representative and a commercial law professor. The order says the commercial court judges determine the committee members, who are tasked with providing the commercial courts with guidance.
Finally, the order adopts the Interim Commercial Court Rules, with some amendments as recommended by the Commercial Courts Working Group.
Among the amendments is one to Rule 5, which now allows commercial court judges to appoint a special master at their discretion, rather than only if all parties agree. Special masters, according to the rule, have “special skills or training appropriate to perform the tasks that may be required,†such as serving as a financial expert.
Under the amended Rule 5, commercial court judges can appoint a special master without the consent of the parties if, among other things, “Appointment of a Commercial Court Master will materially assist the Court in resolving the case in a just and timely manner.â€
The amended rules also now incorporate the commercial court discovery guidelines, which initially were not part of the interim rules. The guidelines are now listed under Commercial Court Rule 6, which calls for discovery to be “proportional to the needs of the case.â€
The pilot judges and commercial litigators have said the three-year test period successfully met the commercial court goals of resolving business-related disputes in a fair and timely manner. Business leaders say the addition of commercial courts improves the Hoosier state’s judicial reputation, while judges and practitioners say they eventually would like to see the business courts expanded to other Indiana counties.
“LEFT JAB AND RIGHT JAB†MAY 20, 2019
“LEFT JAB AND RIGHT JABâ€
“Right Jab And Left Jab†was created because we have two commenters that post on a daily basis either in our “IS IT TRUE†or “Readers Forum†columns concerning National or International issues.
Joe Biden and Ronald Reagan’s comments are mostly about issues of national interest.  The majority of our “IS IT TRUE†columns are about local or state issues, so we have decided to give Mr. Biden and Mr. Reagan exclusive access to our newly created “LEFT JAB and RIGHT JAB† column. They now have this post to exclusively discuss national or world issues that they feel passionate about.
We shall be posting the “LEFT JAB†AND “RIGHT JABâ€Â several times a week.  Oh, “Left Jab†is a liberal view and the “Right Jab is representative of the more conservative views. Also, any reader who would like to react to the written comments of the two gentlemen is free to do so.
Worries Mount As VA Races To Launch Private-Care Program In June
Worries Mount As VA Races To Launch Private-Care Program In June
“I’ll be on the borderline of qualifying for community care, and they’ll probably turn me down.â€
Ray Rubio, Navy veteran
With just a few weeks to go before its June 6 launch, lawmakers, providers, and advocates are wary about the Veterans Affairs Department’s ability to roll out an expanded private-care program for veterans on schedule without experiencing major glitches like the last time.
They fear the 9.2 million veterans eligible for VA-paid healthcare will continue having trouble accessing timely, high-quality care outside of Veterans Affairs hospitals and clinics.
Non-VA providers hope the new Veterans Community Care program, mandated by the VA Mission Act enacted last year, will improve their ability to share patient data with VA facilities and receive timely payment for serving veterans. Those have been major problems for the Veterans Choice program, which ends when the new program begins.
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There also are concerns about whether the private providers in the new third-party administrators’ networks will be held to the same standards of quality and levels of familiarity with veterans’ health issues that VA providers must meet. That’s a particular worry for mental health screening and treatment, given the nearly 20 suicides among veterans every day. The VA will issue quality standards in June, an agency spokeswoman said.
Under the new law, the VA retains responsibility for coordinating care provided outside its Veterans Health Administration system. But that could prove challenging unless the agency is able to overcome long-standing problems with interchange of electronic health records.
The VA has resisted calls to adopt the same interoperability model other federal programs use. Instead, it’s opting to use existing health information exchanges, the VA spokeswoman said. The VA declined to provide an official to interview.
Given all the uncertainties, some groups, including the Disabled American Veterans, are urging a partial delay in the new program.
But VA officials insist they’re ready to launch the Community Care program in June, as required by Congress, and that they’re prepared to cope with any implementation bumps. They say they learned the lessons from the disastrous, rushed launch of the Choice program in 2014.
“Will we deliver care June 6? Yes,†Dr. Richard Stone, the executive in charge of the Veterans Health Administration, told the Senate Veterans’ Affairs Committee April 10. “We will get this right, but we will get better every day. … Some things don’t go right on the first day.â€
Experts question whether the VA has underestimated the number of patients who will take advantage of the broader eligibility rules to seek care outside VA facilities, draining dollars needed to keep the huge veterans’ healthcare system strong.
The launch of the new private-care program is the latest flashpoint in a long-running political battle over the government’s proper role in providing healthcare to veterans. Some conservative groups, led by the Koch brothers-funded Concerned Veterans for America, tout the program as enhancing competition between private and VA providers and offering greater choice to vets. VA supporters warn, however, that expanding local care is a deliberate step by the Trump administration to shrink or dismantle the Veterans Health Administration system and privatize veterans care.
Under the Mission Act, the VA will consolidate seven existing programs that pay for veterans’ care outside the VA system, including Veterans Choice, into one.
The 2018 law was designed to remedy long waits for care and payment under the Choice program, which itself was created by Congress to address excessive waits for care.
The VA has significantly reduced wait times for appointments since a scandal over the covering up of long wait times erupted in 2014. Veterans now can see VA primary-care physicians and some specialists much faster than they see private-sector doctors, Stone recently told senators.
The Mission Act also allows veterans access to private urgent-care centers and includes provisions to boost VA staff recruitment and speed up payment to providers. It requires the VA to shift from manual claims processing to an electronic claims system, a measure applauded by providers.
VA Secretary Robert Wilkie said in January that the Community Care program “will revolutionize VA healthcare as we know it,†adding that the VA’s current patchwork of community programs is “a bureaucratic maze that’s hard to navigate.â€
He refuted claims that the program is a move to privatize the VHA, which he said generally delivers higher-quality care than other providers and retains the trust of veterans.
Still, both Republican and Democratic lawmakers have voiced doubts about whether the June 6 launch of Community Care will be initially successful, particularly given the VA’s leadership changes and turmoil over the past two years.
“I learned lessons from the Choice program, but that was three VA secretaries ago,†quipped Tennessee Rep. Phil Roe, the senior Republican on the House Veterans’ Affairs Committee, who admits he’s nervous about whether the program is ready to launch. “The C-suite has changed, and I don’t know if they know the lessons.â€
In February, the VA proposed new eligibility standards for access to VA-paid care in the community, which the department says will be published in final form June 6, the day the new program starts. Veterans would be eligible for Community Care if they must drive 30 minutes or more to a VA facility for primary care or mental health services, or 60 minutes or more for specialty care.
They’d also be eligible for private care if they have to wait 20 days or more for primary care or mental healthcare or 28 days or more for specialty care.
Other factors qualifying veterans for Community Care would be if the services they need aren’t offered by the VA; there is no full-service VA facility in their state; their local VA facility is deemed deficient in quality or timeliness; or the veteran and the referring physician agree receiving care outside the VA would be in the veteran’s best medical interest.
Critics say the criteria are too vague and could lead to veterans feeling they were unfairly denied access to Community Care. For instance, drive time depends on the time of the day when it’s calculated.
“I’ll be on the borderline of qualifying for Community Care, and they’ll probably turn me down,†fretted Navy veteran Ray Rubio, who lives in Chicago’s south suburbs and prefers private-sector care because he’s been dissatisfied with the VA care he’s received.
The Disabled Veterans of America wants new access standards tested before the program launches.
The access standards for Community Care would significantly increase the number of VA enrollees using VA-paid healthcare rather than the other health insurance most veterans have, such as Medicare or an employer plan, according to a Milliman analysis. Enrollees’ reliance on VA-paid care would rise from 36% to 40% by 2021, with the VA spending an estimated $18.7 billion more over five years.
The U.S. Digital Service reported in March that the proposed drive-time standards would hike the number of veterans eligible for community-based care from 685,000 under the Veterans Choice program to 3.7 million.
It warned, however, that flaws in the digital support tool the VA is developing to determine eligibility would slow appointments and lead to VA physicians seeing 75,000 fewer patients a day, causing major disruptions. Wilkie denied that claim.
The sharp increase in the number of veterans eligible for community-based care has raised alarms among lawmakers and VA supporters about whether higher spending will squeeze funding for the VA system. Congress did not appropriate additional money for the new program, though the VA says it has sufficient funding for 2019.
“These increased costs for Community Care will likely come at the expense of the VA’s direct system of care,†a group of Democratic senators led by Montana Sen. Jon Tester warned in January.
Kayla Williams, director of the veterans program at the nonpartisan Center for a New American Security, shares that concern. An Army veteran who served in Iraq, Williams said she’s received both VA care and private-sector care through the military’s TriCare insurance plan, and that her care in the VA system was better coordinated and more comprehensive.
“I don’t completely oppose this new Community Care program because bringing all these programs into one system makes more sense,†she said. But expansion of care in the community “should not come at the expense of a strong VA.â€
She and other experts say private-sector providers generally can’t match the VA’s 172 hospitals and 1,069 outpatient clinics in delivering care that’s attuned to military culture and the unique medical needs of veterans, who tend to be sicker on average than non-veterans. Those special needs include toxic exposures, spinal cord injuries, prosthetics for lost limbs, and post-traumatic stress disorder, with which many community providers have little or no familiarity.
Williams said three female veterans she knows were diagnosed with breast cancer in their 30s because VA providers were aware of their exposure to toxins and ordered mammograms at a younger age than is typically recommended. “There’s nothing that shows civilian providers would know what to screen for,†she said.
The VA has not yet said how it will ensure that non-VA providers are culturally competent to serve veterans and able to provide the range of services veterans need. Up to now, there has been no systematic analysis of the timeliness or quality of care that veterans receive through VA community programs, according to the RAND Corp.
Indeed, a RAND survey last year of hundreds of private-sector providers in New York state to assess their readiness for treating veterans with service-connected health issues found that only 2.3% met a number of key readiness criteria. Those included familiarity with military culture, preparedness to screen for and treat conditions common among veterans, and accommodation for patients with disabilities.
Nearly 60% of the New York providers said they did not want additional training for working with veterans.
“The number of providers who met our full criteria for readiness was much lower than we anticipated or that is desired,†said Terri Tanielian, a senior behavioral scientist at RAND who worked on the New York study. “Our findings support concerns about the uneven level of quality between VA and community providers.â€
There are health systems, however, that have developed close working relationships with VA facilities and whose providers have gained substantial experience in serving veterans since the Choice program started in 2014.
One is Northwell Health, which built a clinic to serve veterans and their family members in collaboration with the Northport (N.Y.) VA Medical Center. On one side, VA providers serve the veterans, while on the other side Northwell providers serve the family members.
Even with the experience of serving thousands of military families, it’s no small task for Northwell to train its clinicians in the unique needs of veterans and get ready for a possible increase in patients under the expanded community program.
That means helping clinicians understand the different physical and behavioral conditions veterans may present with, how to accommodate patients with disabilities, and the availability of special programs and resources for veterans, said Dr. Tochi Iroku-Malize, Northwell’s family medicine chair.
Given clinicians’ busy schedules, she plans to use online training modules and clinical rounds focusing on veterans’ needs. “The case of the day may be a veteran with PTSD and what’s causing his heart rate to go up so fast,†she said. “I have to make sure my clinical workforce is prepared for this.â€
Former VA Secretary Shulkin said Congress must be ready to jump in fast if problems with the new Community Care program arise after its launch.
“This is an aggressive time schedule, but that isn’t a problem,†he said. “You have to be really committed to monitoring the impact of this very closely, and be open and transparent. No one wants to see a well-intended policy result in disaster.â€
RELATED STORY:Â Veterans give VA mixed reviews on quality and accessibility
Vanderburgh County to Upgrade Roads
Vanderburgh County to Upgrade Roads
If you’re traveling across Vanderburgh County this summer, you may run into some orange barrels.
“As everyone in the state knows, our roads are in really rough shape,†Vanderburgh County Commissioner Cheryl Musgrave said. “You can’t have a great community with substandard roads, period.â€
The county is expecting to spend more than $5 million on improving some 34 miles of roadway.
Musgrave says she has spent her public life working towards improving county roads. A couple of years ago she worked to support and craft a resolution that increased state gas taxes for road funding.
The county applied for the Community Crossings Grant asking for details about which road gets work.
Musgrave says the commission has asked the county council for an additional $600,000 to $700,000. However, she says more work could be done to revitalize southwestern Indiana.
“Have we been aggressive enough with the state on state roads? I don’t think so,†she said.
Musgrave said she believes officials are too laid back when meeting with state representatives.
“We ought to do more shouting, in fact, we probably should do more shouting than people closer to Indianapolis because we are so far away, so out of mind,†she said.
The Vanderburgh County Commission determines which roads need the most improvement, and with gas tax funding becoming available last year, that money has since been put to work.
“We are focused on the repaving and patching but we are also focused on the bigger prize of the redevelopment of roads,†Musgrave said. “The engineering for those is underway and now it’s more than $60 million in projects and residents will start seeing those orange barrels soon.â€
The City of Evansville has $3.65 million budgeted for road repairs as well. Some projects are already underway and the rest will be completed through September.
Mesker Amphitheatre By Pat Sides
The scaffolding in front of the entrance gate was used to install a sign identifying the new Mesker Amphitheatre in 1952.
In the early 1930s, Evansville Mayor Frank Griese had proposed the construction of an outdoor theater so that audiences could be serenaded by “music under the stars.†That goal began to materialize when the city received a bequest from the estate of George L. Mesker, president of the steel manufacturing company that bore his name.
His will provided $500,000 for improvements to Mesker Park, as well as an additional $250,000 to fund music programs for the public. World War II delayed the project, but when it was completed, the amphitheatre was regarded as one of the nation’s finest. It has been closed since 2012.Â
Amended Rule Broadens Judges’ Discretion With Pro Se lLtigants
IL staff for www.theindianalawyer.com
The Indiana Supreme Court has amended Code of Judicial Conduct Rule 2.2 dealing with the impartiality and fairness of Indiana judges.
Amendments to the rule come after the Coalition for Court Access delved into several initiatives to enhance and strengthen Indiana’s civil legal aid delivery system, beginning in 2017.
Specifically, the coalition identified and endorsed three proposals for rule changes it believed would “further the mission of the Coalition and the Court to improve the availability and quality of access to civil legal services for persons of limited means.â€
The high court’s first change to Rule 2.2 includes that a judge may make reasonable efforts, consistent with the law and court rules, to facilitate the ability of all litigants, including self-represented litigants, to be fairly heard.
Additionally, language was added under the “Comment†section of the rule that states a judge’s responsibility to promote access to justice — especially in cases involving self-represented litigants — may warrant the exercise of discretion by using techniques that enhance the process of reaching a fair determination in the case.
While the appropriate scope of discretion and how that discretion is exercised varies on a case-by-case basis, “a judge’s exercise of such discretion will not generally raise a reasonable question about the judge’s impartiality,†the Thursday order says.
Further, the amended rule includes reasonable steps that a judge may but is not required to take to exercise that discretion. Those steps advise that a judge may:
• Construe pleadings to facilitate consideration of the issues raised;
• Provide information or explanation about the proceedings;
• Explain legal concepts in everyday language;
• Ask neutral questions to elicit or clarify information;
• Modify the traditional order of taking evidence;
• Permit narrative testimony;
• Refer litigants to any resources available to assist in the preparation of the case or enforcement and compliance with any order, and;
• Inform litigants what will be happening next in the case and what is expected of them.
The full text of the amended version of Rule 2.2. can be read here.