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  Dr. Bucshon Applauds CMS Decision to Stop Medicare Experiment

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(WASHINGTON, D.C.) –Congressman Larry Bucshon, M.D. released the following statement regarding the Obama administration’s announcement that it will halt the Medicare Part B payment experiment released by the Centers for Medicare and Medicaid Services (CMS) earlier this year.

 

“This experiment would have disrupted care for the most vulnerable Medicare beneficiaries,”said Bucshon. “I am happy the administration listened to the bipartisan concerns raised by members of Congress, patient advocates, and physician groups by putting an end to this disastrous proposal. Yesterday’s announcement is a win for patients across the country.”

 

Bucshon, a physician, became a leading opponent of the controversial proposal and introduced legislation in May to block it from moving forward.

 

In September, Bucshon also raised concerns that the experiment would limit access to much-needed care and increase costs for seniors during a congressional hearing with the Administrator of the Centers for Medicare and Medicaid Services (CMS). The interaction can be found here:https://www.youtube.com/watch?v=jvJm5DNVD9U.

 

More information on Bucshon’s legislation, H.R. 5122, can be found here.

COA: Case For Relief Against INDOT May Continue

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COA: Case For Relief Against INDOT May Continue

Olivia Covington for www.theindianalawyer.com

The Indiana Court of Appeals allowed a local government entity to continue seeking relief against the Indiana Department of Transportation Friday, holding that the local unit of government had standing to seek both injunctive and declaratory relief.

When the Indiana Department of Transportation performed construction and repair work on State Highway 27 in Union County in 2010 and 2011, it allegedly damaged septic systems on the properties of three private landowners as a result of improper or negligent work, which “may (have impacted) other properties and may (have implicated) a broader public health and safety concern … .” The county board of commissioners asked INDOT to investigate and remedy the damage, but INDOT failed to do so.

The commissioners filed for declaratory judgment and injunctive relief against INDOT and Brandye Hendrickson in her official capacity of INDOT commissioner in July 2015. The motion sought an order declaring that State Highway 27 and any associated storm drain was the responsibility of INDOT and not the county and compelling INDOT to immediately remedy any negligent work that caused septic or public health issues.

INDOT moved to dismiss, arguing that the county lacked standing. The commissioners responded with an affidavit from Ron Parker, the county sanitarian, who stated “the highway repair has resulted in raw sewage flowing outside appropriate septic and drainage systems.”

The Union Circuit Court granted INDOT’s motion to dismiss on the basis of a lack of standing, but did not indicate whether Parker’s affidavit was considered. The county moved to correct error, and INDOT requested that Parker’s affidavit be stricken and the motion to correct error be denied. The trial court denied the motion to correct error but did not expressly rule on the motion to strike.

In the Indiana Court of Appeals’ reversal, Judge Michael Barnes first wrote that the panel had determined that the appeal should be reviewed as a Trial Rule 12(B)(6) dismissal, not a Trial Rule 56 dismissal, because the trial court erred when it did not make clear whether it was considering Parker’s affidavit. Thus, because the review proceeded as a 12(B)(6) dismissal, the appellate panel disregarded Parker’s affidavit. Barnes wrote that on remand, either party could file for summary judgment under Trial Rule 56.

In regard to the county’s motion for declaratory judgment, Barnes wrote that the commissioners were entitled to seek declaratory relief. The appellate court found that because INDOT is required to designate which roads constitute the state highway system and also to maintain maps of the highway system, “it should be possible to determine and issue a declaration as to who bears responsibility for State Highway 27 and its drainage system.”

Further, Barnes wrote that the county commissioners had standing to seek injunctive relief, even though the board did not suffer a direct injury as a result of INDOT’s actions, because the public standing doctrine allows actions against governmental activities even if the plaintiff does not have a special interest in the outcome of litigation different from that of the general public.

The panel also found that the commissioners had standing under the associational standing doctrine, which holds that an “association” – here, the county – can sue on behalf of its members if the members would individually have standing to sue yet would not be required to participate in the association’s suit, and if the interests the suit seeks to protect are relevant to the organization’s purpose.

The case is The Board of Commissioners of Union County, Indiana v. Brandye Hendrickson, in her official capacity as Commissioner of the Indiana Department of Transportation, and the State of Indiana, 81A01-1603-Pl-696.

Adopt A Pet

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Manny is a 10-year-old miniature Poodle mix. He recently got “the works” back with the shelter vet. He’s had a dental exam, is recently neutered, & he had his mats shaved off. He’ll be good as new in no time, and is otherwise in great health! All his previous procedures & medical care are included in his adoption fee of $120. Contact the Vanderburgh Humane Society at (812) 426-2563 or adoptions@vhslifesaver.org to inquire!

 

STATE TROOPERS ADVISORY WARNING-Be Prepared For Tonight’s Weather As Freezing Road Conditions Are Anticipated

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WEATHER WARNING:  Be Prepared for Tonight’s Weather as Freezing Road Conditions are Anticipated

Indianapolis – While southern Indiana may have basked with temperatures in the mid 60’s, it has been a different story for the Central Northern portions of Indiana. Since starting our tally of calls yesterday evening at 10:00 p.m. through 2:00 p.m. this afternoon, the Indiana State Police has responded to more than 380 property damage crashes, more than 60 injury crashes and a total of two fatal crashes. We have also responded to over 150 slide offs as well as more than an additional 150 motorist assists. Now, as we look at weather forecasts calling for freezing rain in central Indiana, we urge the public to heed the warnings and to not travel unless there is a dire need involving some type of legitimate emergency.

State Police, as well as city and county police agencies across central Indiana, along with emergency medical personnel and State Highway personnel, will be responding to calls for medical emergencies, injury crashes and crashes that involve lane blockage and road closures throughout central Indiana over the next 12 to 24 hours.

Please remember, If involved in a minor crash where the vehicles are still drivable, state law requires they be moved to a safe area off the road. Once moved, exchange information with the other involved driver and take photos for your insurance company. State police and other law enforcement agencies will not respond to property damage crashes during extreme weather conditions.

If you have to drive due to an emergency, or you choose to ignore the warning to not travel, then you should ensure the following:
Your vehicle is in good mechanical condition
Your vehicle has a full tank of fuel
You have a charged cell phone and are capable of keeping it charged in your vehicle
You inform friends and family of your route of travel and expected arrival time and keep them informed if you are delayed
You should have an emergency kit in your car inclusive of at least these items:
Non-perishable food
A candle, matches or lighter
Shovel and abrasives such as driveway salt or sand
Extra clothing and blanket or sleeping bag
Emergency road side triangles, fuses or other emergency lighting device
It is not possible to “over prepare” for an automobile trip, no matter the distance, when weather conditions are expected to be extremely adverse, as recently forecasted.

Finally, please do not call the state police posts or other police agencies to ask about road conditions. The best source for local road and weather information is your favorite TV news or radio station. Odds are that just looking out the window of your home will give you a good idea of your local conditions.

FOOTNOTES: Additional winter preparedness tips for Hoosiers can be found at http://www.in.gov/dhs/3311.htm. Road conditions are accessible at http://indot.carsprogram.org/main.jsf. For up-to-date county travel statuses, Hoosiers are encouraged to visit http://www.in.gov/dhs/traveladvisory/.

Korte named NSCAA All-North Region Scholar

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University of Southern Indiana senior forward Gabriella Korte (St. Louis, Missouri) was named third-team Scholar All-North Region by the National Soccer Coaches Association of America. Korte is the first Screaming Eagle in the history of the program to receive this award.

Student-athletes receiving Scholar All-Region recognition must meet the following criteria:

  • Record a 3.30 cumulative grade point average (on a 4.0 scale) or better;
  • Start more than 50 percent of all games and significantly contribute to their team;
  • Nominated by head coach of current NSCAA College Services member institution;
  • Junior or above in academic standing; and, if a transfer student, in second year at school.

Korte, an exercise science major and a team captain this year, led the Eagles to a 9-9-1 overall record, a 6-8-1 Great Lakes Valley Conference mark, and a trip to the conference tournament. The senior was tied for first on the team with 14 points on four goals and a team-high six points.

Eagles dominate Redhawks, 100-62

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The 24th-ranked University of Southern Indiana men’s basketball team was dominating in a 100-62 victory over Martin Methodist College Friday afternoon during the first day of the Bellarmine University Classic in Louisville, Kentucky. USI sees its record go to 10-0 overall for the eighth time in the history of the program, while Martin Methodist is 5-7 in 2016-17.

The Screaming Eagles rushed out to an early eight point lead, 17-9, before the Redhawks made a run to pull to within one, 19-18, at the 10:22 mark. USI took command from that point, going on a 15-2 run, to lead 34-20 with 5:07 left before the intermission.

The Eagle would lead by as many as 17 points, 46-29, in the opening half when junior forward Julius Rajala (Finland) hit a pair of free throws with 1:27 on the clock. USI would settle for a 14-point lead, 46-32, at the break.

Senior guard Jeril Taylor (Louisville, Kentucky) and Rajala were dominating during the opening half, posting 12 and 11 points, respectively, as USI dominated Martin Methodist in the paint, 20-8.

In the second half, Martin Methodist made a quick run by hitting a pair of three-point field goals to close USI’s halftime advantage to eight points, 46-38. This would be as close as the Redhawks would come as the Eagles reeled off an 18-2 run to put the game out of reach, 64-40.

USI continued to expand the lead throughout the second until posting the largest lead of the game, 38 points, in the final 100-62 score. Junior center Davis Carter (Denver, Colorado) propelled USI during the final 20 minutes, scoring 20 points on nine field goals and two free throws.

Individually in the win, Carter would lead six Eagles in double-digits with a career-high 22 points and tied a career-best nine rebounds. He was 10-of-12 for the game and two-of-two from the line, while also blocking two shots and making a steal.

Taylor followed Carter in the scoring and rebounding column with 21 points and eight rebounds. Sophomore forward Jacob Norman (Evansville, Indiana) reached double-figures for the third game in a row with 12 points, while Rajala and senior guard Bobo Drummond (Peoria, Illinois) had 11 points each. Senior guard Cortez Macklin (Louisville, Kentucky) rounded out the double-figure scorers with 10 points.

USI completes the 2016 calendar year and the Bellarmine Classic Saturday when it plays Kentucky State University Saturday at 4 p.m. (CST). KSU is 2-6 this season and plays sixth-ranked Bellarmine in Friday’s second game. The Eagles hold a 19-3 all-time series lead over the Thorobreds after defeating them, 111-101, last year the PAC.

The season restarts for the Eagles on January 2 when they return to the friendly surroundings of the PAC to host Bluefield State University. USI also restarts the Great Lakes Valley Conference schedule next month when it hosts William Jewell College January 5 and Rockhurst University January 7.

Eagles route UPR-Rio Piedras, 92-46

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Senior forward Hannah Wascher (Rantoul, Illinois) and sophomore center Kacy Eschweiler (St. Charles, Missouri) each had double-doubles as University of Southern Indiana Women’s Basketball cruised to a 92-46 victory over the University of Puerto Rico-Rio Piedras in its first game of the Puerto Rico Classic Friday night.

 

The Screaming Eagles (9-1) dominated the contest from start to finish as they jumped out to a commanding 28-11 lead after one period of play. USI out-rebounded the Gallitos 33-13 in the first half as it extended its lead to 54-17 at the break.

 

USI, which got scoring contributions 12 players Friday night, used a 14-0 run that spanned the end of the first quarter and the beginning of the second period to build a 38-11 cushion. Eschweiler and junior forward Morgan Dahlstrom (Grayslake, Illinois) each had four points during the run, which put the Eagles up by 27 less than three minutes into the second frame.

 

After recording the last two points of the second quarter, the Eagles scored the first 16 points of the third period as they extended their advantage to a game-high 53 points (70-17) with just under seven minutes to play in the stanza. Wascher had seven points in the run, while senior guard Tanner Marcum (New Albany, Indiana) recorded five of her 12 points.

 

Wascher finished the contest with 17 points and 10 rebounds, while Eschweiler racked up a career-high 17 points and 13 rebounds for her first-career double-double. Dahlstrom, who had eight of USI’s season-high 68 rebounds, rounded out the Eagles’ double-figure scorers with 12 points.

 

Junior guard Randa Harshbarger (Philo, Illinois), USI’s lone player without any scoring contributions, had a game-high seven assists.

 

USI returns to action when it takes on the University of Puerto Rico-Mayaguez Saturday at noon (CST). The Janes (1-6) are coming off a 65-62 win over Shepherd University Thursday.

EPD Activity Report

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EPD Report

Driver Flees from Deputies, Apprehended by Canine

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On Friday, December 16th at 12 PM, a canine handler with the Vanderburgh County Sheriff’ s Office and Joint Narcotics Task Force attempted to stop a suspect in the area of Columbia St. and 2nd Ave. for a narcotics investigation.
The suspect, later identified as Adra Armstead, fled from deputies on foot to his nearby vehicle. Once in his vehicle, Armstead led deputies on a short pursuit before running a stop sign at 1st Ave. and Delaware St. and crashing into another vehicle. Armstead then attempted to run from the crash on foot, but was apprehended by a canine a short distance away.

The other driver involved in the crash sustained non-life threating injuries and was taken to a local hospital to be evaluated for treatment. Armstead was also taken to the hospital for treatment as a result of the canine bite. He was later transported to the Vanderburgh County Jail and booked on the charges listed below.
Charges:
Dealing Methamphetamine, Resisting Law Enforcement, and possibly other charges to follow
Arrested:

Adra Armstead, 37, B/M, Evansville, IN

–END–

Presumption of Innocence Notice: The fact that a person has been arrested or charged with a crime is merely an accusation. The defendant is presumed innocent until and unless proven guilty in a court of law.

 

Vanderburgh County Recent Booking Records

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http://www.vanderburghsheriff.com/recent-booking-records.aspx

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