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Attorney General Todd Rokita continues fight for patient privacy, files suit against Apria Healthcare

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Attorney General Todd Rokita is filing a lawsuit on behalf of the people of Indiana against Apria Healthcare LLC for a massive data breach that impacted at least 42,000 Hoosiers and 1.8 million people nationwide.

Apria is a provider of home healthcare equipment and related services across the United States. Apria provides medical equipment to over 2 million patients across 270 locations, including Indiana.

“Patients should be able to trust their medical providers at all times,” Attorney General Rokita said. “All Hoosier patients deserve their privacy, especially when it comes to medical care.”

On September 1, 2021, the FBI notified Apria that an unauthorized third-party was likely able to access their system. The intruder accessed millions of documents containing protected health information and other personal information. Further, the intruder accessed several Apria employee email accounts, including Apria’s CEO.

Apria failed to notify patients about the 2019 and 2021 data breaches until May 2023 – 629 days after the breaches were discovered. Apria’s delayed notification and actions resulted in alleged violations of HIPAA and Indiana law.

“Everyone should feel protected by their health care providers,” Attorney General Rokita said. “When your private information is accessible or leaked to a stranger, you’re susceptible to life-altering threats, such as identity theft and financial ruin. Our office has adamantly fought back against careless companies who disregard major cybersecurity threats.”

Apria allegedly concealed the data breach from their consumers and failed to implement HIPAA policies and procedures. Due to a lack of security and technical safeguards, the unwelcome third party was able to access personal health information and personal identifiable information, such as Social Security Numbers, birth certificates, credit and debit card information, medical histories, addresses, and other identifiable information.

Apria’s notification to patients and consumers was extremely delayed and unreasonable. With this extreme delay, Apria greatly increased the chance of a Hoosier becoming the victim of identity deception, identity theft, or fraud.

Apria’s parent company, Owens and Minor, allegedly knew about the breaches when it purchased Apria in March 2022.

The lawsuit consists of the following five counts against Apria:

  1. Violations of HIPAA’s Notification Rule
  2. Violations of HIPAA’s Security Rule
  3. Violations of HIPAA’s Privacy Rule
  4. Violations of the Disclosure of Security Breach Act
  5. Violations of Indiana Deceptive Consumer Sales Act
  6. The complaint is listed below.
  7. STAMPED State of Indiana v. Apria Healthcare LLC 02.29.2024.pdf

UE BASEBALL RETURNS HOME THIS WEEKEND TO HOST PURDUE FORT WAYNE

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EVANSVILLE, Ind. – The University of Evansville baseball team will return home to German American Bank Field at Charles H. Braun Stadium this weekend, as the Purple Aces will host the Purdue Fort Wayne Mastodons in a four-game series.  The series will begin Friday night at 5 p.m. and continue with a Saturday doubleheader and a single game on Sunday, both scheduled to start at 1 p.m.

Evansville will return home with a 4-4 overall record after dropping a 7-3 decision at #9 Vanderbilt on Wednesday night.  The Commodores’ four-run sixth inning proved to be the difference on Wednesday night, as Vanderbilt spoiled a strong start from senior hurler Shane Harris on the mound.  Senior first baseman/outfielder Kip Fougerousse launched his third home run of the year on Wednesday night, and graduate outfielder Mark Shallenberger knocked an RBI double to help lead UE offensively.

Overall, junior second baseman Cal McGinnis continues to lead the way offensively for UE, as he will bring a .429 average into this weekend’s series.  Shallenberger (.394) and senior shortstop Simon Scherry (.393) are not far behind, while Fougerousse is hitting above .355 as well.  As a team, UE is hitting .318 so far this year, and the Purple Aces rank seventh in the country in doubles (seven) and 35th overall in scoring (9.8) entering this weekend’s series.

Purdue Fort Wayne, meanwhile, will bring a 2-6 overall record into this weekend’s series, although the Mastodons produced one of its program’s biggest victories on Tuesday night, as Purdue Fort Wayne knocked off #20 Indiana, 9-6, in Bloomington.  The Mastodons launched five home runs on Tuesday in the win over IU, which was Purdue Fort Wayne’s first against a nationally-ranked team in program history.  Junior infielder Camden Karczewski currently leads Purdue Fort Wayne with a .385 batting average, while senior infielder/outfielder Jacob Walker (.345) and freshman outfielder Nate Simpson (.300) also hit above .300 on the year.

UE and Purdue Fort Wayne have met eight times on the diamond all-time, with Evansville holding an 8-0 edge in the all-time series which began in 2006.  Five of the eight all-time series meetings have been decided by two runs or less.  Evansville will send senior LHP Donovan Schultz (0-0, 9.00 ERA) to the mound in Friday’s series opener.  He is expected to be opposed by Purdue Fort Wayne RHP Mac Ayres (0-1, 12.00 ERA).

IDEM Requests Proposals to Develop Statewide Materials Management Plan

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IDEM is looking for consultants, companies, or university members to develop a statewide materials management plan.

The plan should include ways to identify waste management issues, advance pre- and post-consumer materials management, and decrease the disposal of valuable materials throughout the state. The plan will also act as a guide to waste and materials management in Indiana and aid local governments in developing their own materials management plans.

Learn more in the Request for Proposal (RFP) documents posted on the Indiana Department of Administration’s (IDOA) Business Opportunities webpage (search for IDEM, RFP 24-77622, or Event ID 0000077622).

Per state procurement rules, IDEM cannot answer questions regarding this RFP. Refer all questions to the IDOA contact for this RFP as listed on this website.

Hoosier Finalists Set for Day Two of Big Tens

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COLUMBUS, Ohio – Indiana swimming and diving will send 17 individuals to finals on the second day of action Thursday (Feb. 29) at the 2024 Big Ten Swimming and Diving Championships inside the McCorkle Aquatic Pavilion on the campus of the Ohio State University.

IU has four individuals in championship finals, 12 in consolation finals and one in a C final. The Hoosiers will also swim the 400-yard medley relay, vying for their ninth-straight title in the event.

Indiana diving entered the mix on day two, with all four Hoosiers qualifying for finals on the 1-meter springboard. Juniors Carson Tyler (381.00) and Quinn Henninger (371.10) showed their experience, finishing second and third respectively. Dash Glasberg (300.00) finished 11th, while fellow sophomore Maxwell Weinrich (287.05) scored 63.00 and 54.00 points on his final two dives to grab the final qualifying spot for the consolation final.

In the 500-yard freestyle which kicked off the session, senior Warren Briggs (4:18.85) and junior Mason Carlton (4:20.84) reached the consolation final, while junior Kai van Westering (4:24.55) was the final qualifier for Thursday night’s C heat.

Junior Luke Barr led the way in the 200 IM, getting into the A final in 1:43.45. Freshman Toby Barnett, sophomore Collin McKenzie, seniors Jassen Yep and Maxwell Reich and sophomore Drew Reiter all went career-best times under 1:45.00 to earn B final positions.

Junior Finn Brooks was fourth best in the 50 free, going 19.41 to secure a place in the top heat. Freshman Mikkel Lee (19.61), junior Rafael Miroslaw and senior Gavin Wight (both 19.69), qualified for the consolation final.


TEAM SCORES
1. Indiana – 128
2. Michigan – 108
t3. Wisconsin – 102
t3. Penn State – 102
5. Ohio State – 100
6. Minnesota – 98
7. Purdue – 96
8. Northwestern – 94

RESULTS (PRELIMS)
500 FREESTYLE
10. Warren Briggs – 4:18.85 (Consolation Final, NCAA B Cut)

  1. Mason Carlton – 4:20.84 (Consolation Final, NCAA B Cut)
  2. Kai van Westering – 4:24.55 (C Final)
  3. Tristan DeWitt – 4:18.81 (Exhibition, Career Best)
  4. Elliot Weisel – 4:21.32 (Exhibition)

    200 IM
    6. Luke Barr – 1:43.45 (Championship Final, NCAA B Cut)

  5. Toby Barnett – 1:44.13 (Consolation Final, NCAA B Cut, Career Best)
  6. Collin McKenzie – 1:44.20 (Consolation Final, NCAA B Cut, Career Best)
  7. Jassen Yep – 1:44.29 (Consolation Final, NCAA B Cut, Career Best)
  8. Maxwell Reich – 1:44.76 (Consolation Final, NCAA B Cut, Career Best)
  9. Drew Reiter – 1:44.86 (Consolation Final, NCAA B Cut, Career Best)
  10. Dylan Smiley – 1:45.12 (Exhibition, Career Best)
  11. Lucas Piunti – 1:46.38 (Exhibition, Career Best)

50 FREESTYLE

  1. Finn Brooks – 19.41 (Championship Final, NCAA B Cut)
  2. Mikkel Lee – 19.64 (Consolation Final, NCAA B Cut)

t12. Rafael Miroslaw – 19.69 (Consolation Final, NCAA B Cut)

t12. Gavin Wight – 19.69 (Consolation Final, NCAA B Cut)

1-METER DIVING

  1. Carson Tyler – 381.00
  2. Quinn Henninger – 371.10
  3. Dash Glasberg – 300.00
  4. Maxwell Weinrich – 287.05

PUBLIC NOTICE OF EXECUTIVE SESSION OF THE EVANSVILLE POLICE DEPARTMENT PENSION BOARD

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The Evansville Police Department Pension Board (the “Board”) will hold an Executive Session on Wednesday, March 6, 2024, at 8:15 a.m. The Executive Session will be held in Room 307 on the third floor of the Civic Center at 1 N.W. Martin Luther King Jr. Boulevard in Evansville, Indiana. 

The Executive Session will be closed to the public for the following reason: for discussion of records classified as confidential by state or federal statute (I.C. § 5-14-1.5-6.1(b) (7)) and to receive information about prospective employees (I.C. § 5-14-1.5-6(b) (5)). 

Immediately following the Executive Session, the Board will conduct its regularly scheduled monthly meeting, which is open to  the public.

March 6, 2024 Agenda

Biden-Harris Administration announces over $1 billion to start new cleanup projects

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Thanks to this third and final wave of investment from President Biden’s Bipartisan Infrastructure Law, EPA is funding all the construction work that is ready to begin at Superfund sites nationwide

WASHINGTON  —  The U.S. Environmental Protection Agency announced a third and final wave of more than $1 billion for cleanup projects at more than 100 Superfund sites across the country as part of President Biden’s Investing in America agenda. This funding is made possible by the President’s Bipartisan Infrastructure Law and will launch new cleanup projects at 25 Superfund sites and continue other cleanups at over 85 Superfund sites.

Thousands of contaminated sites exist nationally due to hazardous waste being dumped, left out in the open, or otherwise improperly managed. These sites can include toxic chemicals from manufacturing facilities, processing plants, landfills and mining, and can harm the health and well-being of local communities in urban and rural areas. More than one in four Black and Hispanic Americans live within three miles of a Superfund site.

Today’s investment is the final wave of funding from the $3.5 billion allocated for Superfund cleanup work in the President’s Bipartisan Infrastructure Law. So far, EPA has deployed more than $2 billion for cleanup activities at more than 150 Superfund National Priorities List sites. Thanks to President Biden’s commitment to addressing legacy pollution and improving public health, EPA has been able to provide as much funding for cleanup work in the past two years as it did in the previous five years while delivering on President Biden’s Justice40 Initiative, which set a goal to deliver 40% of the overall benefits of certain federal investments to disadvantaged communities that are marginalized by underinvestment and overburdened by pollution.

“After three rounds of investments, EPA is delivering on President Biden’s full promise to invest in cleaning up America’s most contaminated Superfund sites,” said EPA Deputy Administrator Janet McCabe. “This final round of Bipartisan Infrastructure Law funding has made it possible for EPA to initiate clean ups at every single Superfund site where construction work is ready to begin. This is an incredible milestone in our efforts to clean up and protect communities, deliver local jobs, enhance economic activity, and improve people’s lives for years to come.”

“Every American deserves clean air to breathe and access to clean land and water, no matter their zip code. That’s why as Chairman of the Environment and Public Works Committee, I worked tirelessly with my colleagues on and off the committee to craft the Bipartisan Infrastructure Law, which included billions of dollars for the Superfund program,” said Senator Tom Carper, Chairman of the U.S. Senate Environment and Public Works Committee. “I’m pleased to see EPA announce over $1 billion of that funding today for more than 100 of our nation’s most contaminated sites – helping communities across the country clean up legacy pollution and protect public health all while supporting local economies.”

“Superfund sites threaten public and environmental health across the country, but with today’s announcement, the Bipartisan Infrastructure Law is continuing to deliver on the promise we made to clean up backlogged sites and give our communities the peace of mind they deserve,” said Rep. Frank Pallone, Jr., Ranking Member of the House Energy and Commerce Committee. “For dozens of communities, today’s funding is a welcome assurance that help is on the way. I appreciate the Biden Administration’s commitment to transforming communities that have been impacted by toxic contamination and applaud EPA for moving swiftly to put the Bipartisan Infrastructure Law’s resources to work.”

Thanks to the Bipartisan Infrastructure Law funding announced today, a number of new cleanup projects will move forward, including:

  • At the East Helena Superfund site in East Helena, Montana, funds will advance critical cleanup of soil and groundwater contamination caused by more than a century of smelting lead, zinc, and other metals at the former ASARCO facility.
  • At the US Finishing/Cone Mills Superfund site in Greenville, South Carolina, funds will support the completion of cleanup work at the site by treating contaminated groundwater, paving the way for the site’s return to productive use as mixed-use development (commercial and residential) through a unique public-private partnership with the state of South Carolina and landowners. 
  • At the Standard Chlorine of Delaware Inc. Superfund site in New Castle, Delaware, funds will go toward excavation and treatment of wetland soils and sediment contaminated through historical industrial activities and spills outside of the former chemical manufacturing plant.
  • At the Sulphur Bank Mercury Mine Superfund site in Lake County, California, funds will address mining waste to help ensure the long term protection of residential areas and make on-site mine areas safe for limited use by Elem Indian Colony residents for hunting, fishing, foraging, and transit to nearby lands.
  • At the Iron King Mine/Humboldt Smelter Superfund site in Dewey-Humbolt, Arizona, funding will protect the community from mining and smelting waste by cleaning up additional residential properties and permanently consolidating the contaminated waste.

EPA is committed to advancing environmental justice and incorporating equity considerations into all aspects of the Superfund cleanup process. Thus far, nearly 80% of the funding from the Bipartisan Infrastructure Law has gone to sites in communities with potential environmental justice concerns. Out of the 25 sites to receive funding for new cleanup projects, more than 75% are in communities with potential environmental justice concerns based on data from EJSCREEN.

President Biden’s Investing in America agenda is restoring the health and economic vitality of communities that have been exposed to pervasive legacy pollution. The historic investment made by the Bipartisan Infrastructure Law strengthens every part of the Superfund program, making a dramatic difference in EPA’s ability to tackle threats to human health and the environment. In addition to funding cleanup construction work, the investment is enabling EPA to increase funding for and accelerate essential work needed to prepare sites for construction and to ensure communities are meaningfully involved in the cleanup process. In 2023, EPA continued to fund Superfund pre-construction activities such as remedial investigations, feasibility studies, remedial designs, and community involvement at double pre-Bipartisan Infrastructure Law levels.

In 1980, Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA), known as Superfund. The law gave EPA the authority and funds to hold polluters accountable for cleaning up the most contaminated sites across the country. When no viable responsible party is found or cannot afford the cleanup, EPA steps in to address risks to human health and the environment using funds appropriated by Congress, like the funding provided by the Bipartisan Infrastructure Law.

To see a list of the 25 sites to receive funding for new cleanup projects, visit EPA’s Superfund webpage.

 

Vincennes University Board of Trustees approves honorary doctorate for longtime Toyota executive

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INDIANAPOLIS., February 29, 2024 – Amidst discussions of the Vincennes University Board of Trustees at its board meeting on Feb. 27 in Indianapolis, a moment of recognition emerged. The trustees approved the conferment of an honorary doctorate upon longtime Toyota executive Leah Curry in recognition of her outstanding leadership and contributions to the automotive and manufacturing industries and STEM-related education.

 

During her 26-year-plus career, Curry held several leadership positions. The Southwest Indiana native is proud to serve as a corporate advisor for Toyota Motor North America since announcing her retirement in December 2023.

 

An honorary doctorate is the University’s highest award and recognizes individuals for their notable achievements, life experiences, and humanitarian efforts.

 

The trustees acknowledged the profound impact of Curry’s career and accomplishments with unanimous enthusiasm, highlighting her dedication to excellence and service, mirroring the values VU upholds.

 

Most recently, Curry served as president of Toyota Motor Manufacturing, Indiana, Inc. (TMMI), where she led all production and administrative functions at the manufacturing facility in Princeton, Indiana, which produces the Toyota Grand Highlander, Highlander, Sienna, and the Lexus TX. Additionally, Curry serves on the Board of Directors of Deaconess Health Systems. In 2013, she received the Manufacturing Institute Step Ahead Award, which recognizes female leadership in manufacturing. In 2022, Curry was inducted into the Women in Manufacturing Hall of Fame. She was named twice to the top 100 women in automotive by Automotive News. Indiana Business Journal named Curry one of the 250 most influential people in Indiana in 2022.

 

The Board and the University community will honor Curry with an honorary doctorate during the Vincennes Campus Commencement on April 27.

 

In other business, the Board expanded academic offerings with the approval of a Product Design certificate.

 

Andrew Young, VU’s Director of Architectural Services and Facilities, provided a detailed update to the Board on recent contracts approved by the Board of Trustees Finance and Revenue Committee. These contracts are related to the construction of the state-of-the-art Center for Health Sciences and Active Learning, for which VU held a ceremonial groundbreaking on Feb. 19. Additionally, the approval for furniture replacement in the Clark Residence Hall reflects VU’s commitment to providing state-of-the-art facilities and modern amenities for students.

 

University of Evansville, multiple community partners benefit from $2.2 million in trust gift

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u of E

EVANSVILLE, IND. (02/28/2024) The University of Evansville (UE) on Wednesday announced the Robert and Patricia Johnson Trust will generously provide over $2.2 million to eight community organizations, including UE.

Community organizations benefiting from the gift include Shriners’ Hospitals for Children Foundation, R-Men Varsity Club Scholarship Fund, All Saints Parish Church Maintenance Fund, Indiana Masonic Home Foundation, Inc., The Workingmen’s Institute, Johnson United Methodist Church, and Willard Library. Each will receive approximately $275,000 along with the same gift amount to the University of Evansville Scholarship Fund.

The University of Evansville’s Scholarship fund will support student scholarships. This gesture reflects the Johnsons’ belief in the transformative power of education and their commitment to uplifting future generations.

The remarkable legacy of Robert A. Johnson and Patricia “Pat” Johnson ’45, will continue to make profound impact on the community. Robert and Pat Johnson dedicated their lives to service and education. Robert, a steadfast farmer, and Pat, an esteemed educator, embodied values of hard work, service, and a deep commitment to community betterment. Their enduring dedication continues to inspire countless individuals.

Their legacy serves as a beacon of inspiration, reminding us of the profound impact of philanthropy and kindness. Patricia’s dedication to education is echoed in the trust’s contribution to her alma mater, furthering her life’s work of shaping students’ lives.

“We extend our deepest and most heartfelt gratitude for the boundless generosity of the Johnson family,” said Vice President for University Advancement Abigail Werling. “Their thoughtful generosity will continue to enrich lives and cultivate opportunities for our students and community for years to come.”

The University of Evansville is a private, comprehensive university located in the southwestern region of Indiana. Established in 1854, UE is recognized across the globe for its rich tradition of innovative, academic excellence and vibrant campus community of changemakers.

 

Defense allows No. 5 Trailblazers to cruise to big Region 24 road win at Lincoln Trail

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ROBINSON, Ill. – The Vincennes University men’s basketball team jumped up three spots in this week’s NJCAA Division I National rankings, getting back into the top-five at No. 5 this week.

VU’s first test since getting back into the top five was a short road trip to Robinson, Ill. to face off against the Lincoln Trail College Statesmen.

The Trailblazers were able to hold the Statesmen offense a bay, allowing just 52 points as VU came away with the wire-to-wire 93-52 victory.

Vincennes got off to a bit of a slow start offensively before breaking the game open with a 14-2 first half scoring run.

The Blazers would grab complete control of the game later in the first half with the help of a massive 15-0 scoring run to take a 35-14 lead.

The lead would hold as the Blazers headed into the halftime locker room break with a 42-20 advantage over the host Statesmen.

Vincennes looked to add on to their big halftime lead in the second half, outscoring Lincoln Trail 27-8 to begin the final 20 minute period to increase the lead to 69-28.

Lincoln Trail would cut into the deficit and get the VU lead down to 30 before VU responded back with a 13-0 scoring run to put the game away at 87-44.

VU Hall of Fame Head Coach Todd Franklin emptied his bench, not only getting all 11 active players into Wednesday night’s game, but every VU player who played Wednesday scored as VU cruised down the stretch to a big 93-52 victory over Lincoln Trail College.

“I just thought we played with more intensity, particularly defensively,” VU Hall of Fame Head Coach Todd Franklin said. “We don’t try to make it overly complicated. But we have some real set ideas about how we are supposed to go about what we are doing, particularly on that defensive end of the floor and tonight as the game went along, especially the last 10 minutes of the first half and start of the second half, I thought our defense was much more locked in. I thought some guys showed a ‘I’m not just hoping we stop you, I’m bringing this to you’ mentality and that’s what I want to see. I think you can see the energy in the guys when they did it, it just changes.”

“That’s what makes it fun to play,” Franklin added. “That’s the message that I put across to these guys all the time. I want them to have fun playing. That’s how you have fun playing and I thought tonight, we’ve still got a ways to go, you can see runs of that and you can see differences in players. Mike, early in the game, there was a little bit of doubt and a little bit of hope on his play. But then as it went along, he got locked in on the simple fundamentals that we do and he did them aggressively and you saw the difference in the level of his play and his enjoyment of play.”

“I think we’re seeing more of that,” Franklin said. “I thought you saw more of that on both ends of the floor. Going to the glass like we meant to go get it. Some guys came in there and got some big offensive rebounds where they weren’t going in there hoping that it comes to me, no we’re going to go get it. I thought we saw some guys diving on the floor and doing some things that we’ve traditionally done and maybe haven’t done quite as well this year. I thought I saw tonight some guys starting to take hold of those things and you see what it does. It feeds on itself. Guys start liking playing together and being out there. So that’s why I thought we won and that’s why we played well and I thought that’s why most of the guys that played tonight played well. Because they gave themselves a chance to play well, not perfect, but well. The energy and intensity was right. The score didn’t matter, it’s just how did we play and I thought we took another step forward tonight and another step forward into becoming a team that might contend for some big things.”

The Trailblazers were led by sophomore Ryan Oliver (Antioch, Tenn.) who ended with a team-high 16 points and six rebounds, 13 of his points coming in the first half.