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APRIL 29, 2017 “READERS FORUM”

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Whats on your mind today?

TODAYS “READERS POLL” question is: Are you pleased that City Councilman Justin Elpers requested that the Manager of the Ford Center update Council on the current status of the Thunderbolt hockey team?

We urge you to take time and click the section we have reserved for the daily recaps of the activities of our local Law Enforcement professionals. This section is located on the upper right side of our publication.

If you would like to advertise or submit and article in the CCO please contact us City-County Observer@live.com.

EDITORS FOOTNOTE: We feel its time that our elected and appointed officials practice good public policy.

CHANNEL 44 NEWS: Fake News Clouds Death Investigation

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Fake News Clouds Death Investigation

As Warrick County Sheriff Deputies continue to investigate the circumstances surrounding Halee Rathgeber’s death – rumors have started to circulate online. Social media posts insinuate multiple unreported kidnappings taking place at an Evansville…

EVANSVILLE BAR ASSOCIATION PRESENTS JAMES BETHEL GRESHAM FREEDOM AWARD and DORAN PERDUE SERVICE AWARD

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The Evansville Bar Association recognized Philip Siegel by presenting the James Bethel Gresham Award to him on Friday, April 28, 2017, at the annual Law Day dinner hosted by the organization.

Phil has been practicing law for 57 years.   He was an assistant city attorney and the first attorney for the Vanderburgh County Area Plan Commission.  He has served as EBA President, is a Fellow of the Indiana Bar Foundation, has served on the ISBA Board and is a past Secretary, is a past recipient of the Susan K Helfrich Pro Bono Award and has been admitted to the EVSC Hall of Fame.  Phil is known throughout the entire legal community for his professionalism, honor and integrity.

The James Bethel Gresham Freedom Award was established by the Evansville Bar Association to recognize and honor individuals who have distinguished themselves in activities or careers which have elevated respect for the law, promoted freedom, or otherwise furthered the ideals for which Law Day is recognized and celebrated. The purpose of Law Day is to remind people throughout the country of the importance of the law and the role that it plays in our lives and in the basic freedoms which we all cherish and enjoy.  This award is named in honor of James Bethel Gresham who lived in Evansville from 1901 to 1914 and is believed to have been the first American soldier to have given his life in combat during World War I.

The Evansville Bar Association also recognized Meagan Brien by presenting the Doran Perdue Service Award to her at the annual Law Day dinner.  In Meagan’s first seven years of law practice, she has already served on the EBA Board of Directors,  chaired the Young Lawyer Section,  chaired the Mock Trials,  chaired the high school law day student lunch,  chaired the Women Attorneys Section,  co-chaired the Law Day Celebration and currently is co-chairing the event “Breaking Through Bias” featuring nationally known speakers on May 10.

When asked why Meagan deserved to win the award, her nominator stated that  “ Meagan always steps up where needed.  She is fully involved in every task given and does not chair in name only.  Over the last several years Meagan has made minor and major improvements to every event she has been involved in….Her quiet improvements to existing projects will create lasting and impactful changes within the Bar.”

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AG Hill Announces $18 Million Settlement In Medicaid Fraud Case Against Indiana University

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AG Hill Announces $18 Million Settlement In Medicaid Fraud Case Against Indiana University

INDIANAPOLIS - Indiana Attorney General Curtis Hill today announced that his office entered into an $18 million settlement agreement with Indiana University Health Inc. and HealthNet Inc. that resolves a whistleblower lawsuit alleging, among other things, that various financial arrangements between IU Health and HealthNet violated multiple laws.

Specifically, laws alleged to be violated are the federal Anti-Kickback Statute, the federal False Claims Act and the Indiana False Claims Act. These violations occurred May 1, 2013, through August 30, 2016 – a span during which IU Health provided an interest-free line of credit to HealthNet. At least one purpose of this line of credit, it is alleged, was to induce HealthNet to refer its obstetrics and gynecology (OB/GYN) patients to IU Health’s Methodist Hospital.

HealthNet is designated as a federally qualified health center (FQHC), and it operates medical clinics within the state of Indiana. Under existing agreements, IU Health OB/GYN practitioners have regularly provided services within the confines of HealthNet clinics, officials said. But officials allege that those practitioners habitually – as part of the improper arrangements – directed patients to IU Health facilities for further treatment (such as labor and delivery services) rather than explain, as they are required to do, that the patients have options.

The Anti-Kickback Statute prohibits an entity from offering or paying money to induce another entity to refer a patient to a provider for products or services for which payment may be made in whole or in part under a federal health care program such as Medicaid. The law is intended to ensure that health care provided to beneficiaries of the public health insurance programs results from sound medical judgment rather than illegal kickbacks.

As a result of this conduct, the United States and the State of Indiana contended that the claims for services provided to OB/GYN patients referred by HealthNet to IU Health during the relevant time period were false or fraudulent. Attorney General Curtis Hill expressed disappointment in the actions of the companies involved in the settlement.

“When public funds are designated to benefit those who are most vulnerable, companies receiving those funds have a special obligation to act in good faith,” Hill said. “The arrangement between IU Health and HealthNet took advantage of Hoosiers on Medicaid by limiting their healthcare options exclusively to those within the IU Health Network, contriving a system that benefited only IU Health. This settlement will allow us to move forward from this unfortunate chapter.”

In addition to alleging that the financial arrangements between IU Health and HealthNet violated the Anti-Kickback Statute, the lawsuit also alleged that HealthNet violated the federal False Claims Act and the Indiana False Claims Act by improperly billing for services involving high-risk pregnancies that were provided by certified nurse midwives rather than physicians.

The lawsuit also alleged that HealthNet violated the federal False Claims Act in the submission of some of the claims to receive FQHC supplemental payments – payments that are made by the Medicaid program to FQHCs to ensure that FQHCs, when they contract with a managed care organization, receive the same reimbursement as if the claim were submitted directly to the State Medicaid Agency under a fee-for-service system.

Further, officials contend that the balance of the line of credit consistently exceeded any amount permitted under the Affiliation Agreement in place between IU Health and HealthNet – and HealthNet was repeatedly allowed to draw money on this line of credit in an amount that has consistently exceeded the line of credit by sums over $10 million, of which HealthNet was not expected to substantially repay the balance due.

The state’s share of the settlement will be $7.78 million. Settlement amounts were based on the state’s share of the cost of the Indiana Medicaid program and were enhanced for Indiana because the state’s False Claims Act is as effective as the federal statute.

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County Council Upcoming Agenda

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AGENDA

VANDERBURGH COUNTY COUNCIL

MAY 3, 2017
3:30 P.M.
ROOM 301

  1. OPENING OF MEETING
  2. ATTENDANCE ROLL CALL
  3. PLEDGE OF ALLEGIANCE
  4. INVOCATION
  5. APPROVAL OF MINUTES –
  6. PERSONNEL REQUESTS:
    1. (A)  CLERK/Request to fill vacancies for Juvenile Clerk and M/T Court Warrant Clerk
    2. (B)  PROSECUTOR/Request to fill vacancy for Deputy Prosecutor
    3. (C)  HEALTH DEPARTMENT/Request to change two salary lines Environmental Health Specialist and Public Health Nurse

7. APPROPRIATION ORDINANCE: (A) SHERIFF

(B) WEIGHTS & MEASURES (C) COMMISSIONERS/CCD

(D) SUPT OF CO BLDGS/COIT (E) SUPERIOR COURT/COIT

8. REPEAL:
(A) (B)

  1. TRANSFERS: (A) CLERK(B) SHERIFF (C) ASSESSOR
  2. OLD BUSINESS: (A)
  3. NEW BUSINESS:

(A) TRAVEL REQUESTS:

  1. CLERK (9)
  2. AUDITOR
  3. RECORDER (2)
  4. VOTER REGISTRATION
  5. HEALTH DEPARTMENT (3)

(D) SUPERIOR COURT
(E) ASSESSOR/REASSESSMENT (F) CUM BRIDGE

  1. (B)  PRELIMINARY RESOLUTION/Tax Phase-in for Haggard & Stocking, Inc
  2. (C)  PROSECUTOR/Jail overcrowding and home detention
  3. (D)  SHERIFF/Mezzanine fencing

12. AMENDMENTS TO SALARY ORDINANCE:

  1. (A)  CLERK (3)
  2. (B)  SHERIFF (2)
  3. (C)  PROSECUTOR

(D) ASSESSOR
(E) WEIGHTS & MEASURES (F) HEALTH DEPARTMENT

  1. PUBLIC COMMENT
  2. REMINDER NEXT MEETING DATE/TIME:
  3. ADJOURNMENT

May 31, 2017 @ 3:30 p.m.

Attorney General Curtis Hill Encourages Hoosiers To Dispose Of Unused Rx Medications

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Attorney General Curtis Hill is encouraging all Hoosiers to participate in this weekend’s Rx Drug Take-Back event by clearing out their medicine cabinets and disposing of unused, unwanted or expired prescription medications. Encouraging safe disposal is one of the key goals of the Indiana Prescription Drug Abuse Prevention Task Force. The Task Force’s Drug Take-Back Committee has helped encourage permanent Rx disposal locations in 88 of Indiana’s 92 counties.

WHEN: Saturday, April 29, 2017, 10 a.m. to 2 p.m. EST.

WHERE: Hoosiers can visit www.deadiversion.usdoj.gov/drug_disposal/takeback/ to find a Rx Drug Take-Back location. Hoosiers will be prompted to search for nearby Take-Back locations with their city/state or zip code.

PHONE SCAM: Fake Deputy “Sergeant Russo” Tries to Extort Money

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The Vanderburgh County Sheriff’s Office has received multiple reports of attempted telephone fraud involving a caller claiming to be a Sheriff’s Deputy.
The caller, who identified himself as “Sergeant Russo” or “Sergeant Rizzo”, claimed that someone in the household had a warrant for their arrest. The caller knew the correct name of the resident, but did not appear to possess any personally identifiable information. The caller attempted to get the victim to pay a fee in order to have the warrant rescinded.

The Sheriff’s Office does not solicit the payment of fines or fees on behalf of the court. Area residents are advised to treat any unsolicited caller who requests payment or access to personally identifiable information with extreme skepticism, regardless of who the caller claims to represent. When in doubt get the caller’s name, hang up, and then call the business or government entity back at a phone number you know to be correct.

Pictured above: SSGT. Luther Rizzo from the TV show M*A*S*H, as portrayed by Actor G. W. Bailey. Image copyright 20th Century Fox Television.

 

Dr. Bucshon to Host U.S. Service Academy Day

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Eighth District Congressman Larry Bucshon, M.D. will host an informational session for all high school students interested in applying to one of the U.S. Service Academies on Saturday, April 29, 2017.

WHO:                 Congressman Larry Bucshon, M.D. (IN-08)

WHAT:               2017 Spring U.S. Service Academy Day

WHEN:               Saturday, April 29th, 9:00am to 11:00am CT (Registration begins at 8:30am CT)

WHERE:            VU Gibson County Center for Advanced Manufacturing and Logistics – 8100 South U.S. Highway 41 Fort Branch, Indiana 47648

The event will offer Eighth District high school students the opportunity to learn more about the United States Service Academies, the application process, congressional nominations, and the everyday life of a Service Academy Cadet.

Representatives from these five academies have been invited:

-          The U.S. Air Force Academy in Colorado Springs, CO

-          The U.S. Coast Guard Academy in New London, CT

-          The U.S. Merchant Marine Academy in Kings Point, NY

-          The U.S. Military Academy in West Point, NY

-          The U.S. Naval Academy in Annapolis, MD

Each year, Congressman Bucshon has the privilege of nominating a limited number of high school students to attend four of the five service academies. The deadline to apply for a congressional nomination from Bucshon’s office for the class of 2022 is October 6, 2017.

For more information on the application process, students can visit –https://bucshon.house.gov/serving-you/military-academy-nominations or contact Erin Lucas in Congressman Bucshon’s District Office at 812-232-0523.                        

COA: Vectren Projects Fail To Meet TDSIC Requirements

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COA: Vectren Projects Fail To Meet TDSIC Requirements

The Indiana Court of Appeals has pulled the plug on a power company’s plan to hike rates without allowing the public to view and comment on the proposal.

In October 2015, the Indiana Gas Company Inc. and Southern Indiana Gas & Electric Company, collectively known as Vectren, filed an update petition with the Indiana Utility Regulatory Commission to raise rates to fund several projects.

Two years prior, the utility had gotten approval for its seven-year plan under the Transmission, Distribution, and Storage System Improvement Charges and Deferrals (TDSIC) statute, Indiana Code 8-1-39-1. This law, passed by the Indiana General Assembly in 2013, allows a utility to petition for a “tracker” which is a mechanism that enables a power company to hike rates in order to recover specific costs without having to go through a formal general rate case proceeding.


The IURC approved Vectren’s seven-year plan although the document only included project-by-project details for the first year. For the remaining years, the commission presumed the other projects to be eligible but specifics had to be provided.

When Vectren came forward with its October 2015 petition, it sought to recoup the costs for installing automatic meter reading equipment for its gas-only customers and a new transmission system in the Lafayette area, among other projects.

However, the IURC denied the petition, concluding it did not have the authority to approve projects that were not included in the power company’s original seven-year plan.



Vectren appealed to the Court of Appeals in Indiana Gas Company, Inc. and Southern Indiana Gas & Electric Company v. Indian Utility Regulatory Commission, et al., 93A02-1604-EX-943.

The utility asserted that commission erred by finding the TDSIC statute does not allow a utility to update its seven-year plan with new projects.

The IURC maintained its interpretation was supported by the statute. If a power company were allowed to change or alter its seven-year plan in any manner and without regard to its approved contents, that would defeat the requirement that the commission evaluate the plan in its entirety.



Vectern countered the legislative intent in enacting the TDSIC statute was intending to provide a timelier process for utilities to recover their costs. A broader application of the word “update” would support that intent by qualifying a wider spectrum of projects for timely cost recovery.



A Unanimous Court of Appeals Disagreed.



“Even if we accept Vectren’s argument that the Legislature’s intent in enacting the TDSIC statute was to provide a timely method of cost recovery for utilities, the Legislature clearly did not intend this cost-recovery method to apply to all projects, or even to as many projects as possible, as Vectren seems to suggest,” Judge Rudolph Pyle III wrote for the court. “… Vectren has not alleged that the Legislature repealed the process utilities have for recovering their costs under a general rate case. Accordingly, it is clear that the Legislature intended for utilities to recover some of their costs through general rate cases rather than TDSIC update petitions.”