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Testimony on Prevalence of Health Care Fraud and Abuse by Bruce C. Vladeck
Administrator, Health Care Financing Administration
U.S. Department of Health and Human Services
Before the Senate Committee on Government Affairs, Permanent Subcommittee on Investigations
June 26, 1997
Mr. Chairman and Members of the Subcommittee, I am very pleased to have this
opportunity to describe the Health Care Financing Administration's programs to
fight fraud and abuse in Medicare and Medicaid. As we stand on the threshold of
the twenty-first century, we are faced with the formidable task of ensuring the
solvency of the Trust Fund, and preserving Medicare for future generations. In
order to do this, we must begin by making sure that every dollar we spend for
our beneficiaries is well-spent, and that our goals of efficiency and cost-
effectiveness do not compromise the quality of their health care.
The annals of medicine are replete with case histories demonstrating that
prevention is the best antidote to illness. This is equally true in the area of
fiscal well-being: in order for our Medicare and Medicaid programs to remain
both solvent and strong, we need to prevent improper or fraudulent claims which
strain the fiscal and personnel resources of the system. By guaranteeing the
initial accuracy of both claims and payments, we avoid having to "pay and
chase," and we can prevent opportunities for fraud and abuse.
Incorrectly billed claims can stem not only from fraud, but from confusion
and misinformation about the proper billing procedures. For example, if there is
a payer primary to Medicare, the Medicare contractor will reject the claim and
submit it to the appropriate primary payer. Where Medicare is primary, the
Medicare contractor will make payment, then send the paid claims data to the
supplemental insurer. HCFA uses many pre-payment mechanisms to determine the
primary payer for benefits for a Medicare beneficiary and to ensure Medicare
pays in the right order of payers. These mechanisms are part of our Medicare as
a Secondary Payer (MSP) Activity, which I will describe in detail later in this
testimony. Currently, we are seeking legislation that would improve our ability
to verify whether Medicare is the primary or secondary payer.
The sheer complexity of the health care delivery system virtually guarantees
that there will be instances of unscrupulous claims billing. While some
high-profile examples of fraud and waste are well-known to the public because of
media attention, there are many less visible areas of concern. Some of these
Abusive Billing in Nursing Homes --- Aside from the typical kind of fraud
that occurs in charging patients for services they have not received, there are
other, more difficult- to-detect abuses to which beneficiaries of nursing homes
are vulnerable. These include inappropriate designation of nursing home patients
as hospice patients, false patient census reports, improper billing of supplies
and services for patients eligible for both Medicare and Medicaid ("dual
eligibles"), unnecessary or inappropriate services being prescribed for nursing
home patients, and billing as therapy services for services paid in the nursing
home rate. Unnecessary medical supplies may be ordered for the unsuspecting
patient, such as several cases found by the DHHS Inspector General (IG), in
which thousands of dollars of surgical tape, hydrogel wound filler, and orthotic
devices were inappropriately ordered and made available to other patients. Also,
it has been estimated that as much as 32% of mental health services ordered for
Medicare nursing home residents were unnecessary or inappropriate. Part of the
problem stems from the fact that the nursing home itself is not responsible to
coordinate the services, which may be initiated and billed by an outside entity.
Home Health Fraud -- The "invisibility" of the home health setting invites
profiteers to prey on disabled and elderly patients who may often be isolated,
uninformed, and lacking the support of friends or family. We are finding
continuous problems with unnecessary home health services, especially those
provided to beneficiaries who are not homebound. Because of the difficulty in
monitoring these situations, the patient may be at the mercy of an unethical
provider or supplier. Over-prescription and overcharging of oxygen and tube
feeding supplies for home health patients have been found in bills submitted to
Medicare and Medicaid. Through HCFA's Operation Restore Trust (ORT), we have
located and penalized fraudulent home health agency owners across the Nation,
and saved millions of dollars.
The 1981 report issued by the Senate's Permanent Subcommittee on
Investigations identified several areas of Medicare and Medicaid home health
care needing better oversight, and recommended that HCFA notify home health
intermediaries in a timely fashion of any regulatory changes. We have acted on
this recommendation, and we have developed checks and balances that ensure that
this is done. Current HCFA procedures require that intermediaries have at
least 90 days to carry out any program actions that may be required of them.
Therefore, any legislative/statutory, regulatory, policy, or electronic system
changes that directly affect the contractors are published in a quarterly
release of HCFA's Task Management Plan, which is then distributed, along with
pertinent materials, to intermediaries with a minimum 90 days' implementation
deadline. This process alerts intermediaries that they must notify providers of
new or revised program procedures or requirements. Intermediaries are also
required to communicate program changes to their providers in a communique,
usually in the form of a bulletin or similar form of notification. These checks
and balances ensure accountability --- of both intermediaries and HCFA.
Durable Medical Equipment --- There is widespread concern that Medicare's
payments for durable medical equipment are excessive. Medicare payments for DME
are based on a fee schedule methodology established by Congress in Omnibus
Budget Reconciliation Act (OBRA) 1987, and these fee schedule amounts were based
on supplier's "reasonable charges" in the mid-1980s. Unless otherwise specified
by Congress, these amounts have been increased annually by the Consumer Price
Index-Urban (CPI-U) as required by statute. This statutorily prescribed payment
methodology does not consider changes in technology or any other factors
impacting suppliers' costs and as a result HCFA's payments for DME are often
Problems with the durable medical equipment (DME) industry have resulted in
stricter controls over who can apply for, and receive, a license as a DME
provider. A Notice will be issued this summer by HCFA that will require that DME
providers meet certain criteria, including putting up a surety bond for
licensure, and greater proof of the bona fide existence of the business. This
win prevent abuses such as the case of the Florida man who received a DME
license, despite the fact that the only actual supplies he had in stock were
stuffed alligator heads and other souvenirs he sold from his garage. He had
applied for a DME certification to sell wheelchairs to complement his
brother-in- law's business of installing wheelchair lifts in cars. Examples like
this are a good argument for DME bonding.
Fraudulent Billing Practices --- Complex claims billing procedures offer
multiple ways of cheating the system, from overt inflation and exaggeration of
the level of services provided "upcoding") to blatantly false cost reports
submitted for reimbursement. A Maryland nursing home operator was prosecuted for
adding his personal entertaining and decorating expenses to the facility's
Medicaid bill, including a charge for services rendered by the operator's
relative who was actually in jail at the time. In another case reported by the
GAO, a supplier for a long-term care facility was forging physicians' signatures
on certificates of medical necessity, and then billing for items that were
either unnecessary, had already been provided to the patient, or were in fact
never delivered. The President's FY98 Budget includes provisions to develop
prospective payment systems for several services in Medicare. PPS pays a set
rate according to the characteristics of the patient, and removes many of the
incentives for providers to provide excessive services or submit fraudulent cost
reports to receive high reimbursement.
Kickbacks - Providers such as laboratories, ambulance companies, and
pharmacies may enter into unethical agreements with nursing home owners and
clinical psychologists that may include kickbacks in exchange for being allowed
to provide services to the nursing home residents. HCFA's State Medicaid Fraud
Control Units have found cases of nursing home owners authoriziny lucrative, with charges as high as $1000
per day. Also, patients hospitalized in psychiatric facilities are sometimes
billed for unnecessary and unordered services. The President's FY98 budget has a
provision to make Medicare payments less lucrative for these situations;
ceilings would be established on reimbursements, so that facilities could not be
reimbursed for these costs, if they were much more expensive than other
psychiatric hospitals,
This is a particular area of concern for HCFA because of the potential for
coercive hospitalization under some State laws, such as a case recently reported
in Massachusetts. A child who had been taken to a hospital for a medication
adjustment for his epilepsy was forcibly hospitalized, against his parents'
wishes, in a psychiatric hospital. Although this situation was due in part to
Section 12 of Massachusetts State law, it raises disturbing questions about lack
of oversight in psychiatric hospitalizations.
Marketing Abuses - Questionable sales techniques are sometimes used in the
marketing of health insurance, especially when the potential customers are
elderly and may be ill-equipped to make informed choices. Some marketing
representatives may use fear tactics to persuade beneficiaries to sign up for
benefits they don't need and can sometimes ill afford. In response to these
abuses, HCFA will be issuing National Managed Care Marketing Guidelines this
summer, to assure that marketing materials present balanced and accurate
informationy lucrative, with charges as high as $1000
per day. Also, patients hospitalized in psychiatric facilities are sometimes
billed for unnecessary and unordered services. The President's FY98 budget has a
provision to make Medicare payments less lucrative for these situations;
ceilings would be established on reimbursements, so that facilities could not be
reimbursed for these costs, if they were much more expensive than other
psychiatric hospitals,
Marketing Abuses - Questionable sales techniques are sometimes used in the
marketing of health insurance, especially when the potential customers are
elderly and may be ill-equipped to make informed choices. Some marketing
representatives may use fear tactics to persuade beneficiaries to sign up for
benefits they don't need and can sometimes ill afford. In response to these
abuses, HCFA will be issuing National Managed Care Marketing Guidelines this
summer, to assure that marketing materials present balanced and accurate
information to beneficiaries and to discourage fraudulent or deceptive
representation of health plans or services.
This Administration is seriously committed to aggressively prosecuting and
preventing all forms of waste, fraud, and abuse. Toward this goal, we worked on
a bi-partisan basis with the Congress to develop the necessary legislation. The
Health Insurance Portability and Accountability Act of 1996 (HIPAA), which was
enacted last year, contained important provisions to aid us in our war on
waste, fraud and abuse in the Medicare program. Two of the most significant
provisions for the Health Care Financing Administration (HCFA) were the
implementation of the Medicare Integrity Program (MIP) and the Fraud and Abuse
Control Program.
This program authorizes the Secretary to promote the integrity of the
Medicare program by entering into contracts with eligible entities to carry out
program integrity activities such as audits of cost reports, medical and
utilization review, and payment determinations. MIP provided a stable source of
funding for HCFA's program integrity activities, and provided us with the
authority to contract for these activities with any qualified entity, not just
those insurance companies who are currently our fiscal intermediaries or
The Medicare Integrity Program (MIP) was enacted to strengthen the
Secretary's ability to deter fraud and abuse in the Medicare program in a number
of ways. First, it created a separate and stable long-term funding mechanism for
program integrity activities. Historically, Medicare contractor budgets had been
subject to fluctuations of funding levels from year to year. Such variations in
funding did not have anything to do with the underlying requirements for program
integrity activities. This instability made it difficult for HCFA to invest in
innovative strategies to control fraud and abuse. Our contractors also found it
difficult to attract, train, and retain qualified professional staff, including
clinicians, auditors, and fraud investigators. A dependable funding source
allows HCFA the flexibility to invest in new and innovative strategies to combat
fraud and abuse. It will help HCFA shift emphasis from post- payment recoveries
on fraudulent claims to pre-payment strategies designed to ensure that more
claims are paid correctly the first time.
Second, by permitting the Secretary to use full and open competition rather
than requiring that we contract only with the existing intermediaries and
carriers to perform MIP functions, the government can seek to obtain the best
value for its contracted services. Prior law limited the pool of contractors
that could compete for contracts, thus, we were not always able to negotiate the
best deal for the government or take advantage of new ways to deter fraud and
abuse. Using competitive procedures, as established in the Federal Acquisition
Regulations System (FARS), we expect to attract a variety of offerors who will
propose innovative approaches to implement MIR.
Third, MIP permits HCFA to address potential conflict of interest
situations. We will require our contractors to report situations which may
constitute conflicts of interest, thus minimizing the number of instances where
there is either an actual, or an apparent, conflict of interest. By invoking the
FAR in establishing multi-year contracts with an expanded pool of contractors,
we will be able to avoid potential conflicts of interest and obtain the best
value. Also, by permitting us to develop methods to identify, evaluate and
resolve conflicts of interest, we can create a process to ensure objectivity and
impartiality when dealing with our contractors. This is a concern particularly
when intermediaries and carriers are also private health insurance companies
processing Medicare claims.
To ensure that our resources are used as wisely as possible, we will also
gradually reduce the number of contractors performing payment safeguard
activities. Prior to the passage of HIPAA, all 72 contractors performed all
aspects of program integrity work. With highly specialized contractors focusing
solely on fraud and abuse prevention and detection, we will gain a
cost-effective and efficient pool of contractors. We plan to focus contractors
on program integrity activities for a geographic area, rather than by provider
type, as is current practice. That way, contractors will have a more
comprehensive picture of activity, and will be able to monitor whether doctor
bills match hospital bills, in terms of procedures performed and dates of
service. Furthermore, the reduction in the number of contractors performing
activities such as medical and fraud review as well as audit does not mean that
local presence will be eliminated. Medical directors will continue to play an
important role in benefit integrity activities, and we intend to retain
locally-based Medical directors as well as to continue our relationship with
local physicians by using groups like Carrier Advisory Committees.
We are currently developing regulations to implement MIP, and we are also
working on a scope of work for competitive contracts. As we transition work from
one of our contractors, Aetna (which is terminating its Medicare work), we are
testing a new contracting relationship in several Western States that will
separate out (and consolidate) payment integrity activities from claims
processing. This will give us valuable experience as we prepare to implement
The Operation Restore Trust (ORT) project was the first comprehensive effort
at collaboration between HCFA and law enforcement agencies. This two-year
demonstration project, which was launched by the President in May 1995 and
concluded on March 31, 1997, was designed to demonstrate new partnerships and
new approaches in finding and minimizing fraud in Medicare and Medicaid. As a
demonstration project, ORT targeted four areas of high spending growth: home
health agencies, nursing homes, DME suppliers, and hospices. Since more than a
third of all Medicare and Medicaid beneficiaries are located in New York,
Florida, Illinois, Texas, and California, ORT efforts were targeted at these
five states.
The program integrity activities of the Medicare contractors initiate many
of the cases subsequently developed by the Office of Inspector General and
Federal Bureau of Investigation, and support their prosecution by the Department
of Justice. Using monies made available through the Fraud and Abuse Control
Fund, established in HIPAA, we expanded our successful ORT efforts using the
State survey agencies to be our "eyes and ears" in the field and to report back
to the contractors whether providers are meeting Medicare billing as well as
quality requirements. We have used this model successfully with our expanded
home health surveys in the 5 Operation Restore Trust (ORT) States.
Through HCFA's expanded efforts, approximately $1.8 million has been
allocated to HCFA for "Project ORT" through HIPAA's Fraud and Abuse Control
Program, to enhance the program integrity activities that involve collaboration
with State certification agencies. Eighteen States win participate in a total of
26 HIPAA funded projects, allowing us to survey approximately 300 providers for
both certification and reimbursement issues. These enhanced surveys will be made
of providers of home health services, skilled nursing services, outpatient
physical therapy services, and laboratory services, as well as psychiatric
services in both hospitals and community mental health centers. Many of these
surveys will be modeled after the home health agency and skilled nursing
facility surveys conducted during ORT. This collaboration, which is being
institutionalized through the Fraud and Abuse Control Program established in
HIPAA, establishes a funding stream for health care fraud and abuse activities,
and requires DoJ and HHS to establish priorities jointly.
This "front end" activity takes a proactive approach to identifying the
correct payer before the claim is processed, so that Medicare does not pay
inappropriately or unnecessarily. There are multiple areas that are scrutinized
to ensure that the appropriate payer is billed:
Initial Enrollment Questionnaire (IEO) - The IEQ is used to gather Medicare
Secondary Payer (MSP) information for most new beneficiaries approximately three
months before they become entitled to Medicare. For beneficiaries who do not
apply for Medicare entitlement until after becoming eligible, HCFA conducts MSP
development at the time the Medicare application is filed. This function is
currently performed by an independent contractor.
First Claim Development - For all claims, the individual completing the
Medicare claim for payment should indicate if there is other insurance that is
primary to Medicare. If the beneficiary has not responded to the IEQ, and MSP
information is not included on the first claim submitted for that beneficiary,
the Medicare contractor submitting the first claim is responsible for mailing a
questionnaire to the beneficiary or the provider to gather the required
information. This function is currently performed by all Medicare fiscal
intermediaries (FIs) and carriers.
Trauma Code Development - When a claim is received for Medicare primary
payment and the claim contains one of certain specific trauma codes (which could
indicate Worker's Compensation, automobile accidents, or other liability
situations), the claim is scrutinized to determine if another insurer is the
correct primary payer. Currently, this function is performed by the Medicare FIs
and carriers.
MSP Litigation Settlement - HCFA has entered into agreements to settle MSP
litigation with several health insurance companies. As part of these
settlements, the affected private health care plans are required to periodically
submit MSP information on their enrollees to HCFA. This activity is estimated to
result in additional $540 million in MSP savings for Fiscal Year 1997. The
settlement agreements require tins mandatory reporting for 5 years. GM a
Medicare Part B carrier, is currently processing this information to the Common
Working File (CWF).
Internal Revenue Service (IRS)/Social Security Administration (SSA)/HCFA
Data Match - Information on employers and employees provided by the IRS and SSA
is analyzed by HCFA for use in contacting employers concerning possible
insurance coverage of Medicare beneficiaries.
Voluntary Insurer/Employer Reporting for MSP - As an alternative to
responding to the IRS/SSA/HCFA data match employer questionnaires, employers may
enter into a voluntary agreement with HCFA to report primary payer information
on a current basis. Likewise, other health insurance companies are encouraged
to report on their insured who are Medicare eligible on a current basis. HCFA
Central Office is currently negotiating its first such voluntary agreement.
Hospital Admissions Procedures Review - Institutional providers such as
hospitals, as part of their Medicare participation agreements, are required to
conduct admissions interviews to determine if another primary payer exists. FIs
are required to review a sample of their hospitals annually to determine if
their admissions procedures are complete and are routinely followed. MSP
information thus acquired during hospital intake ensures that Medicare pays in
the appropriate order of financial liability.
Claims Submission - Medicare claims submission instructions require that the
existence of a primary payer other than Medicare be indicated on the claim. This
information is also checked with HCFA's own insurance information obtained from
other sources.
Single Integrated Database System - HCFA is in the process of developing an
automated Medicare claims processing and information system, which will, among
other things, assist in our program integrity and provider exclusion efforts.
This integrated system is being designed to consolidate the currently fragmented
Medicare claims processing into one standardized system. Although we are
currently re-examining the specific implementation strategy for this system-4 we
believe a fully operational integrated system will assist us in preventing
fraud. A significant advancement for HCFA will be the use of advanced technology
to detect fraud and abuse at the outset -- before Medicare pays health care
providers. The single system will facilitate identification of data files
containing aberrant patterns and data discrepancies, and alert Medicare
contractors to review more cautiously selected Medicare claims.
Full implementation of an integrated database will aid us in preventing
fraud and abuse because it will greatly improve HCFA's ability to profile data
on a National or regional basis by type of service. We plan to use these
profiles to identify and review aberrant billing patterns and to prevent
inappropriate claim from being paid in the first place, thus avoiding the need
to chase down those fraudulent claims that have already been paid. The single
system will integrate data from Medicare Part A, Part B, and managed care and
provide the opportunity to have a comprehensive view of billing practices and to
incorporate new technology to facilitate innovative investigative techniques. We
plan to use artificial intelligence in an analysis of patterns of care,
auto-adjudication, and other analytic tools that will permit improved
identification of payments that should not be made -- prior to payment.
One way in which the new system will provide an enhanced ability to fight
fraud is through the use of the National Provider Identifier, which is an
industry wide unique identifier for providers and suppliers created under the
authority of the Health Insurance Portability and Accountability Act of 1996
(HIPAA). This identifier will be used to create an integrated database that will
contain a record of all providers and suppliers who are certified to bill
Medicare for medical supplies or equipment provided to our beneficiaries. The
integrated database will contain a record of all providers and suppliers who are
certified to bill Medicare for medical services or equipment provided to our
beneficiaries. Our legislative proposal for authorization to require social
security numbers from Medicare providers will enhance our ability to identify
fraudulent providers and keep them from further defrauding the program. If a
provider is excluded from the Medicare program, or has been identified as
fraudulent, that provider will be flagged in the database, which must be
accessed before the claim is paid. A single system will also enable us to flag
providers who are excluded from Medicaid and other Federal health programs as
An integrated information system will improve our abienrollment data.
Los Alamos National Laboratories - In September 1996, HCFA signed an
interagency agreement with the Los Alamos National Laboratory (LANL) to develop
mathematical models which identify potentially fraudulent and abusive patterns.
The agreement, which arose out of Operation Restore Trust, is for the two-year
period, FY96 through FY97. Its purpose is to provide analytical and computer
support to develop improved approaches to operating the Medicare program. The
ultimate goal is the development of prepayment software to detect and deter
fraudulent and improper claims. To date, LANL has made considerable progress. By
the end of 1998, we will be able to better assess if their initial work with
specific beneficiary and provider populations can be repeated and applied more
broadly to other beneficiary and provider populations. LANL is also exploring
new ways their technology can assist in our fight against Medicare fraud and
abuse. Within the next few months, they will submit for our consideration a
proposal for future fraud detection work. LANL is also under contract with HCFA
to determine when the contractors and the computer systems should transition
into the integrated database environment.
Fraud Investigation Database - One of HCFA's most promising initiatives in
excluding fraudulent providers is the Fraud Investigation Database (FID). We
began implementing the FID in May 1996, and we have been pleased with the
success of the system. The FID is a case-tracking sysenrollment data.
Fraud Investigation Database - One of HCFA's most promising initiatives in
excluding fraudulent providers is the Fraud Investigation Database (FID). We
began implementing the FID in May 1996, and we have been pleased with the
success of the system. The FID is a case-tracking system to record and
disseminate information regarding exclusions, and contains extensive national
Medicare and Medicaid fraud data as well as comprehensive information on all
excluded providers. The database is intended to assist HCFA and our partners in
identifying excluded providers, as well as those who are allegedly defrauding
the programs. For example, a Medicare contractor in one area can use this
information to ensure that the providers it is reimbursing have not been
excluded through the actions of another contractor.
In an effort to enhance coordination of the exclusion process, the FID is
also accessible to the Medicaid anti-fraud agencies such as the Medicaid Fraud
Control Units and the Surveillance and Utilization Review Systems. We expect
very soon to be able to obtain data from these Medicaid entities on cases and
information related to the providers that they suspect to be fraudulent. The FID
is also designed to ensure the coordination of anti-fraud activities undertaken
by our law enforcement Partners and to facilitate the monitoring of cases
referred to the OIG, the FBI or the U. S. Attorneys.
As other Federal government agencies acquire access to the FID, we will be
able to prevent a provider who defrauds one Federal program from ever repeating
the fraud in another program.
Utilizing the combined forces of all of the programs and technology cited
thus far, HCFA has succeeded in preventing millions of dollars in Medicare and
Medicaid losses due to fraud and abuse. However, there are still some areas
where we can become more effective in these efforts, with the help of additional
legislation proposed by the President's Budget.
HIPAA provided a solid foundation on which to build program integrity
activities. The President is proposing a number of additional fraud and abuse
proposals in his FY98 Budget and the Medicare and Medicaid Fraud, Abuse, and
Waste Prevention Amendments of 1997.
The President's budget contains a number of proposals to reduce waste, fraud
and abuse in the Medicare program. They include provisions to require insurance
companies to report the insurance status of beneficiaries to ensure that
Medicare pays appropriately. Private insurance is the primary payer when
Medicare beneficiaries have such coverage and Medicare is required to be the
secondary payer. Having insurance companies report information on Medicare
beneficiaries they insure would greatly reduce the costly "pay and chase" method
that we are forced to use.
In addition, we have several proposals to prevent excessive and
inappropriate billing for home health services. We are proposing to close a
loophole in the current payment calculation by linking payments to the location
where care is actually provided, rather than the billing location. When we
implement a home health prospective payment system (PPS), we are proposing to
eliminate home health agency (HHA) periodic interim payments, which were
originally established to encourage HHAs to join Medicare by providing a smooth
cash flow. Since over 100 new agencies join Medicare each month, such financial
inducements are no longer needed. We also propose to work with the medical
community to develop more objective criteria for determining the appropriate
number of visits for specific conditions, so that we can prevent excessive
In March, the President presented an additional set of legislative proposals
titled the "Medicare and Medicaid Fraud, Abuse, and Waste Prevention Amendments
of 1997." Some of these proposals build on the provisions enacted in HIPAA.
Others seek to close loopholes or weaknesses in the Medicare statute that allow
providers to take advantage of Medicare payment. Some of the provisions in the
bill include:
vImproving the Provider Enrollment Process - We propose to clarify the
provider enrollment process, and strengthen HCFA's ability to combat fraud and
abuse by not allowing "bad actors" to become Medicare providers or suppliers.
These provisions would provide the Secretary the authority to deny Medicare
entry for those provider applicants who have been convicted of a felony, and the
authority to collect a fee for all Medicare and Medicaid applicants when they
apply for enrollment or re-enrollment. The fee would cover administrative costs
in processing applications and administering the HIPAA National Provider
Identification program requirements. If an application is denied, a six-month
waiting period must be completed before the provider could reapply.
This Subcommittee recommended in its 1981 Home Health Report that HCFA
develop a data bank of owners, principals, and related organizations. We
responded to this recommendation by developing a National provider enrollment
application (HCFA 855) that captures that specific data for all Medicare
providers, and the application will be available and effective on July 1, 1997.
In conjunction with this data collection, we also intend to implement an
electronic system (Provider Enrollment, Chain, and Ownership System) that will
consolidate data collected by the enrollment application from fiscal
intermediaries, carriers, and the National Supplier Clearinghouse. This system
will maintain all existing provider data in one National repository.
Value of Capital When Ownership of an Institution Changes- This proposal,
which would apply to all providers, would deem the sales price of an asset to be
its net book value. There have been instances in which SNFs or hospitals
currently game the system by creating specious "losses" in order to be eligible
for additional Medicare payments. For example, a seller might claim that a
significant portion of the purchase price of a hospital is attributable not to
the value of the hospital building and other capital assets, but to the value of
the certificate of need, the already assembled hospital staff, or some other
intangible asset. By minimizing the value attributable to the capital assets,
the seller is able to record a lower sales price, and a greater "lose' on the
sale. The seller is then entitled to partial reimbursement for the loss from
Medicare. This existing loophole is especially problematic in the case of
hospitals paid under PPS for capital because the prospective capital payments to
the new owner are unaffected by the low valuation of the hospital (prior to PPS,
the new owner would be somewhat disadvantaged by the gaming because their
cost-based capital payments would have been lower because of the low sales
price). Further, this proposal would eliminate the need for any payment
adjustments for gains or losses.
Bankruptcy Provisions - These proposals would protect the public's
interests in bankruptcy situations. - A provider would still be liable to refund
overpayments and pay penalties and fines even if it filed for bankruptcy.
Quality of care penalties could be imposed and collected, and Medicare
suspensions and exclusions (including educational loan defaults) would still be
in force even if a provider files for bankruptcy. Bankruptcy courts would not
be able to re-adjudicate our coverage or payment decisions.
Clarify the Definition of Skilled Service for the Purposes of Rome Health
Eligibility Venipuncture, which currently qualifies as skilled nursing care and
therefore meets the eligibility criterion for intermittent skilled nursing
services under the home health benefit, would be excluded. Under current law, if
the other criteria are met (homebound, etc.), then a beneficiary who only
requires venipuncture for the purpose of obtaining a blood sample as his/her
qualifying skilled need would be entitled to all of the other covered home
health services including home health aide services.
Hospice Benefit Modifications - This proposal would revise Medicare
hospice coverage and payment policies in certain cases. First, after the two
initial 90-day periods, this proposal would replace the current unlimited fourth
hospice benefit period with an unlimited number of thirty-day periods. This
change would help HCFA ensure that the hospice benefit is used for those
beneficiaries with a terminal illness, but it would not end hospice care for
those fortunate to survive longer than expected. Thirty-day re-certifications
would, in fact, help ensure that only terminally ill patients continue to
receive hospice care. Second, as the President's FY98 budget bill proposed for
home health, this proposal would fink payment for hospice services provided in
the home to the geographic location of the site where the service was furnished.
Third, this proposal would also limit beneficiary liability under hospice care.
Currently, the major cause for denial of hospice claims is the fact that the
beneficiary was not terminally ill within the meaning of the law (i.e., did not
have a prognosis of six months or less of life expectancy at the time the
services were rendered). If a hospice claim is denied because the patient was
not terminally ill, the patient's liability for payment would be waived and the
hospice would be liable for the overpayment unless it could prove that it did
not know or have reason to know the claim would be disallowed. The standard of
proof would be high since both the law and HCFA instructions are explicit as to
the requirement and there are well established protocols for documentation of
medical prognosis. Fourth, this proposal would create a new civil money penalty
for physicians who certify that an ineligible individual meets Medicare
requirements for hospice services eligibility, while knowing that the individual
does not meet the requirements.
Rural Health Clinic (RHC) Benefit Reforms - Recognizing the importance of
the rural health clinics, reforms are needed to strengthen Medicare policy and
better target assistance. It should be emphasized that the inclusion of RHC
proposals in the Fraud and Abuse Prevention bill is not meant to imply that we
believe these providers are engaged in fraudulent or abusive activities. We do
believe, however, that the RHC program could be better targeted to serve truly
under-served rural areas, and as such, we have included several proposals to
address this issue. These proposals would hold provider-based RHCs to the same
payment limits as independent RHCs. The Secretary would also develop a
prospective payment system for RHCs no later than December 31,2000. Under such a
system, beneficiary cost sharing would be based on 20 percent of the PPS amount.
Prior to the development of a PPS system, beneficiary cost sharing would not be
allowed to exceed 20 percent of Medicare's payment limit. The proposal would
also include provisions to better target the placement of RHCs in under-served
areas and still provide access to clinic services.
Clarify the Partial Hospitalization Benefit -- A partial hospitalization
program uses a multidisciplinary team to provide coordinated services within an
individualized treatment plan to severely mentally ill individuals; partial
hospitalization may occur in lieu of an inpatient psychiatric hospitalization or
continued psychiatric hospitalization. These intensive outpatient day programs
include individual and group therapy, family counseling, occupational and
activity therapy, diagnostic services, and drugs that cannot be
self-administered. These programs are intended for patients who would be likely
to be hospitalized without these services.
This proposal would establish Medicare coverage requirements and limitations
to minimize program abuse, and would also preclude providers from furnishing
partial hospitalization services in an individual's home or in an inpatient or
residential setting. It would provide the Secretary broad authority to establish
through regulation a prospective payment system for partial hospitalization
services that reflects appropriate payment levels for efficient providers of
service and payment levels for similar services in other delivery systems. The
current cost reimbursement system would stay in place until the Secretary
exercises this payment authority. In addition, this proposal would provide
authority for the Secretary to establish (through regulation) Medicare
participation requirements, such as health and safety requirements and provider
eligibility standards for community mental health centers (CMHCs). Additionally,
it would provide authority for CMHCs to be surveyed upon request by state
agencies to determine compliance with Federal requirements or investigate
complaints. It would also prohibit Medicare-only CMHCs. Finally, the bill
includes a provision (which parallels the authority created in HIPAA for false
certification of home health services) to penalize physicians for inappropriate
admissions to partial hospitalization programs; this provision would create a
strong incentive for physicians to certify need for partial hospitalization
services only for those individuals who meet Medicare requirements.
Health care delivery systems, like every other aspect of society, evolve
over time. The current trend toward managed care as an alternative to the
traditional fee-for-service system is a phenomenon which promises to change the
face of the health care environment. This is because the type of integrated
health care network that managed care provides can be a boon --- or a bane ---
to elderly Medicare and Medicaid beneficiaries. Currently, we have only 12% of
our beneficiaries in managed care, but in the future we will need to take a
fresh look at our strategy to fight fraud and abuse, because the incentives are
different in this type of delivery system. The emphasis on cost-effectiveness
prevalent in managed health care delivery systems ensures fiscal soundness and
value for the customer, but in some instances, unethical plans and providers may
discourage or withhold needed care from beneficiaries.
In the same way, the growth spurt we are witnessing in the home health care
industry indicates that as innovative new health care arrangements flourish, so
will new opportunities for fraud and abuse. Growing numbers of the elderly, and
especially of dual eligibles, also means increasing opportunities for those who
seek to defraud Medicare and Medicaid patients, providers, and health plans. In
home health settings, the physical isolation of the beneficiary is often an open
invitation to unethical providers seeking ways to provide care based on
financial incentives, rather than care that is actually needed. Not
surprisingly, this problem also exists in nursing homes. The vulnerability of
home health and nursing home patients suggests that very ill or elderly patients
may be targeted because they may not be able to monitor their own bills for
fraudulent charges. There is evidence that wherever there are concentrations of
the frail elderly, there are providers seeking to provide unnecessary services.
The implementation of HIPAA has given us powerful weapons against waste,
fraud, and abuse. The work of this Committee and other Members of Congress on
HIPAA has been vital to this important legislation, which will increase our
ability to protect the integrity of the Medicare program, and to safeguard the
interests of our beneficiaries. Most importantly, the lessons and experience
gained from our efforts in the past few years will guide us as we put our new
legislative and administrative tools to use. By effectively utilizing the solid
partnerships between State and Federal agencies, the public, and private health
care organizations, we will preserve Medicare and Medicaid for future


text: Electoral reform needs considered Staff ~ The Amherst Citizen Published on January 09, 2010 Share 0 0 Comment Send to a friend Print Send to a friend Send this article to a friend. Name* Email* Your name* Your email* Comments Submit Minority parliaments can work in Canada. Just look at the success of the Pearson governments during the 1960s, when Canada was introduced to the Canada Pension Plan, the national Medicare system, the Commission on bilingualism and biculturalism, and our flag, all without the luxury of governing with a majority free hand. Times have changed. In Ottawa, we now have a prime minister who was elected on a key plank of increasing transparency and accountability in government, but instead has become a champion of control and hypocrisy. The same group that demanded whistle blower legislation with its Accountability Act, attacked the integrity of diplomat Richard Colvin when he dared to speak out about Afghan detainees. Rather than continuing to answer tough questions from the opposition about this and other matters, the prime minister simply decided to prorogue parliament, effectively ending its work until he feels like coming back. He did the same thing a year ago, when a coalition was prepared to remove him from office. Our system apparently makes shutting down parliament as easy as making a phone call to the governor-general. Canadians deserve better than this, but the question is, what can we do? As the voting population becomes more diverse and more and more parties gain support, majority governments are becoming less and less likely. Parties will work together only for their partisan advantage, not for the good of the country. It appears to be time to seriously consider electoral reform in Canada, as 132 Canadian political scientists from 36 universities and colleges are now calling for. Proportional representation may or may not be the answer, but it is time to look at that option. The system we have is not working. Organizations: Canada Pension Plan Geographic location: Canada, Ottawa 1 2 3 4 5 Thanks for voting! Top of page Comments Comments Your name* Email* Comment*

subset: commoncrawl


text:
The 12th annual Tournament of Heroes will follow the familiar formula of honoring family and friends during two days of basketball at the College of Staten Island.
Long-time head coach Tony Petosa came up with the idea shortly after three former CSI players — Tom Hannafin, Scott Davidson and Terrance Aiken — were killed in the 9-11 terrorist attacks at the World Trade Center.
Petosa has seen the tourney thrive, thanks in great part to a number of generous donors, and probably holds the event's sustainability closer to his heart than all the on-court success (he's inching closer to his 400th career victory) or even the Dolphins' back-to-back NCAA Division III Tournament appearances of the past two seasons."I know it's a basketball event, but it wasn't put together for basketball," Petosa said this week. "It was put together for the families and for our friendships and for things like that."
It is rather puzzling, however, to learn that CSI has never won its own four-team post-Christmas tourney. The Dolphins (5-2) will be gunning for that elusive championship trophy when they face Rivier College (4-4) of Nashua, New Hampshire, in Saturday's 7:30 p.m. nightcap at the Sports and Recreation Center.
New Jersey City University (5-3) and Randolph College (5-3) of Lynchburg, Virginia, meet in the 5 p.m. opener.
The consolation and championship games are set for 1 and 3 p.m. on Sunday.
There have been strong tourney fields — Illinois Wesleyan went all the way to the NCAA Final Four after topping CSI 90-79 in the 2011 finale, the same season the Dolphins followed with a 19-game winning streak and NCAA Sweet 16 appearance.
Other strong Division III powers such as Wheaton, Ill., Whitworth College (Spokane, Wash.), Rhode Island College and NYU have made tourney appearances through the first 11 years.
The College of Staten Island men's basketball program hosts its 12th annual Tournament of Heroes on Saturday night and Sunday afternoon. The tourney is played in memory of three former players who perished in the terrorist attacks of Sept. 11, 2001.
New Jersey City (5-3) vs. Randolph, Va. (5-3), 5 p.m.
CSI (5-2) vs. Rivier, N.H. (4-4), 7:30 p.m.
Consolation, 1 p.m.
Championship, 3 p.m. TICKETS
$5 adults, $2 students and children 10 and over PREVIOUS WINNERS
2002 — Bethany, W.Va.; 2003 — Kean; 2004 — NJ City University; 2005 — NYU; 2006 — Wheaton, Ill.; 2007 — Bridgewater State; 2008 — Trine University; 2009 — Piedmont; 2010 — Anderson (Ind.); 2011 — Illinois Wesleyan; 2012 — Methodist (N.C.). -------------------------------------------------------------------------------
Last year, Methodist University of Fayetteville, N.C., rallied for a 74-69 win over CSI in the finals, the host squad's fifth championship appearance.
"It's pretty much tried and true," said Petosa of attracting schools for the field. "We do try to bring in the best teams we can, and the brand of basketball has been very good. I think all three of the teams coming this year have a chance of making the NCAA tourney."
CSI's roster has been in flux due to eligibility issues, but there's a good chance the Dolphins will be at full strength this weekend. They ran past Ramapo 109-92 in their home opener two weeks ago but have been idle since.
"Sometimes you're not at your best at this time of the season," Petosa admitted. "We've wanted a tournament that helps us get ready for the CUNY season, and I think that's what it has done for the last 11 years."
Senior guard Jonathon Chadwick-Myers will definitely join the team this weekend. He's a returning All-CUNY Conference performer who has one semester of remaining eligibility. The Dolphins earlier in the week were awaiting word on the eligibility status of senior guard Bloochy Magloire, last season's CUNY tourney MVP.
There's no doubt that Petosa would like nothing better than to celebrate Sunday afternoon with an elusive Tournament of Heroes title.
"Maybe we'll get one this year," he said with a chuckle.
NOTES: Freshman point guard Frankie Schettino (16 points and 6.9 assists per game) and junior forward Will Fonseca (16.5 ppg and 6 rpg) have been productive newcomers to the lineup. Schettino, a Moore Catholic product, has won three straight CUNY rookie-of-the-week awards ... All three tourney visitors have made previous appearances, with New Jersey City (2004) and Rivier (2006) owning victories over CSI.


text:
On November 17th, at the Bell Center in Montreal, Quebec, Canada, UFC Welterweight Champion Georges "Rush" St-Pierre made his return to the Octagon to defend his title against Interim Welterweight Champion, Carlos "The Natural Born Killer" Condit in UFC 154.
GSP made a triumphant return against Condit, but it was not without a struggle. The match could quite possibly go down as Fight of the Year. Condit attacked GSP the only way a "Natural Born Killer" would, keeping the fight at a distance with his jabs and kicks.
Condit was even able to rock GSP in the third round with a wicked high kick to the head that sent the Canadian reeling on his back. The crowd was stunned as they saw Condit pounce on their fallen champion like a jungle cat.
The moment showed eerie similarities to the GSP vs. Serra 1 match back in 2007 at UFC 69, in which Serra was able to rock St-Pierre and stay on him until the ref stopped the fight.
This time, GSP was able to weather the storm and snatch Condit into his guard before he could do any more damage. You could hear the crowd release a sigh of relief and continue to cheer for their fellow Canadian.
Once GSP got back to his feet, you could see the welt on his forehead from where Condit's shin landed. GSP was able to use his superior wrestling skills to take down Condit repeatedly and execute his ground-and-pound to the Interim Champion through the rest of the fight, garnering a victory and securing his spot as one of the greatest Welterweight Champions in UFC History.
Which fight would you like to see?
Now that the champ is back—and quite possibly even better—what is next? UFC president Dana White now has options that hopefully include the word "superfight" in them. According to UFC broadcaster Joe Rogan, we are in the golden era of mixed martial arts. The UFC has fighters who are taking the sport to a new level—guys like St-Pierre, Jon Jones and Anderson Silva.
Fighters of that caliber are rare, and to have them fighting in the same era is truly something to cherish. Now the question looms: Are they going to eventually face each other? If so, who would it be?
For years, everybody has been talking about a superfight with UFC Middleweight Champion Anderson "The Spider" Silva against UFC Welterweight Champion Georges St-Pierre. Both men have been dominating their divisions for years.
It wasn't until a few weeks ago that Dana White publicly announced that a fight between Silva and St-Pierre could be a reality. Enter UFC Light Heavyweight Champion Jon "Bones" Jones. Jones has been cleaning out his division as well, and now Silva has shown some interest in fighting the young juggernaut of the light heavyweight division.
After his sensational first-round knockout of Martin Kampmann in UFC 154, you can now throw in UFC welterweight Johny Hendricks to the mix. This guy is just steamrolling over anyone that gets in his way. Knocking out Kampmann was amazing, but knocking out my buddy, Jon Fitch, is simply a wake-up call to the entire welterweight division.
Either way, the real winner in all of this is going to be the fans. Any of these matchups would be amazing to watch.
Until then, this is Balistik signing out.
Peace out.


text:
Comment on Sparrow
by pax, 5 years and 203 days ago (score: 2)
This is the first time I'm considering switching away from Gmail's online interface.
I still think the online UI is more powerful, but there's something about Sparrow that makes it a very nice experience.
Though as a principle I'd usually rather not have another application open for something that works just fine in the browser.


text:
Commissioning & start-up : Operator training
With Operator Training Simulators (OTS), newcomers will learn the basics while more experiences personnel will have the opportunity to face critical or emergency situations in a classroom environment. An OTS acts as a repository of plant know-how, as relevant operating cases can be integrated into the application and may be replayed for ongoing training.
RSI solutions
Operator Training Simulators : RSI solutions will provide operators with the look and feel of the plant control room, for all major ICSS (Integrated Control & Safety Systems).
Standard Process Simulators for initial operator training: RSI's vast library of Standard Process Programs, which teach concepts fundamental to plant operations, is unsurpassed in size and scope.
RSI advantages
Familiarize operators with operating procedures
Reduce startup, shutdown time and off-spec production
Develop operator diagnosis and tuning
Teach operators how to operate safely under critical conditions
Troubleshoot real plant


text:
Don't look now, but tomorrow's matchup between the Detroit Pistons and Denver Nuggets might be lacking some star quality.
Allen Iverson is likely to miss the game due to back problems and now Benjamin Hochman is reporting that Carmelo Anthony is probably going to be in Denver. Unfortunately, the game is in Detroit. The reason for Melo's return to Denver has been cited as personal. That is pretty vague so the imagination starts running, but Rex Chapman informed Hochman that the personal matter is not a legal matter. It is never good to hear that a player has to leave his team and I hope that whatever the issue is comes to a swift and happy resolution.
While Melo's situation gets your attention, it is not quite as interesting as the story behind Allen Iverson's absence. AI left the Pistons game versus New Orleans after straining his back. He has been checked out and apparently is alright however, he claims he is not healthy enough to play and is seeking additional medical assistance.
Chris McCosky from the Detroit News thinks that Iverson's back problem has been exacerbated by finding out that he is going to be coming off the bench instead of Rip Hamilton. McCosky reports that AI is healthy enough to play tomorrow against Denver as an MRI on his back was clean, but his absence is because he needs time to "celar his head."
I am a big AI fan, I think he is an incredible athlete and can be one of the most exciting players to watch in the entire NBA. Sadly, his I-just-want-to-win routine that he has been selling in Denver and now in Detroit is starting to show some significant holes.
Iverson has made some sacrifices in Detroit. He is making what are the ultimate sacrifices in his mind as he is playing fewer minutes and taking fewer shots. The problem is what he believes is required to win basketball games is not what is best for the team. AI thinks basketball games are won by him being on the floor for 42 or more minutes a night with the ball in his hands. While many players who get older become not only content, but desperate to fill any role they can on a contending team to win a title AI believes that a contending team has to fill the role of providing four other players to be on the floor with him.
When the team is losing as the Pistons had been before he hurt his back the answer for how to turn things around in AI's mind is not to bring him off the bench further marginalizing him, but to leave him on the court longer and give him a larger role.
The Pistons had lost eight straight with AI. Since he hurt his back they have won two straight pulling out games at Orlando and at Boston. I think the jig is up. I think the Pistons are better off without AI and I think AI would be better off with a team that needs him. We all know the real reason why Joe Dumars traded for Iverson was for his expiring contract and not his talent. With today being the final day to waive a player and allow that player to be eligible to play for another team in the playoffs I think it is best for all involved for AI to be bought out and set free.
Where would he go? I have no idea, but if the Celtics are interested in Stephon Marbury someone is going to be interested in AI.
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text:
JOHNSTOWN - Mayor Michael Julius made several appointments and issued a proclamation at the Common Council meeting Monday night at City Hall.
Julius appointed the following people to the city's Committee for Promoting Tourism, effective immediately: Helen Martin, Leslie Foss, Noel Levee, Scott Jeffers, Wade Wells, Bernadette Weaver, Cathy VanAlstyne, Chandra Cotter, Linda Hinkle and Robert Kosowicz.
The mayor also appointed the following people to the city Parade Committee, effective immediately: Michael Gifford, Bruce Heberer, Joseph Salamack, Peter O'Lucci, VanAlstyne and Garth Hillier.
In another personnel matter, the council appointed Tom Roehl of 104 Whitmore Ave. to the Johnstown Library Board of Trustees, with a term to expire June 30, 2015.
Julius issued a proclamation that named last Tuesday as Equal Pay Day in the city. In the proclamation, he urged city residents to "recognize the full value of women's skills and significant contributions to the labor force." The proclamation notes that according to a 2012 American Association of University Women study, college-educated women working full-time over the course of a lifetime earn more than half a million dollars less than their male peers.
The mayor also announced upcoming events that included: City Hall being closed at noon Friday, which is Good Friday; and a city Easter Egg Hunt on Saturday in the Main Street Park.


text:
Sigma 80-400mm F4.5-5.6 EX DG OS (Optical Stabilizer) APO IF Tele Zoom Lens
Optical Stabilizer (OS) function, developed with Sigma's own technology, compensated for shaking of the camera
Using Sigma's original OS (Optical Stabilizer) function, two types of sensors inside the lens detect vertical and horizontal movement of the camera.
New coating reduces Ghost and Flare.
The new multi layer lens coating and lens design reduce flare and ghost, which is a common problem with digital cameras and also creates an optimum color balance through the entire zoom range.
Two types of camera-shake compensation modes to handle all types of shooting conditions.
In Mode 1, the system detects and compensates for vertical and horizontal movement of the camera; ideal for still-image photography and in Mode 2, the system detects and compensates for vertical movement of the camera; ideal for motor sports and other situations where panning may be desired.
*OS system can be used with Nikon cameras, which are only compatible with image blurring compensation mechanism. It can be used with following cameras. F6 and F100, F80/N80 series - F65/U, F75/U2, D2H, and D1 series, D100, D70 and Fuji Film FinePix S2 Pro. OS mechanism cannot be used with other camera models. In addition, OS mechanism and Auto Focus operation of this lens do not work with F5 cameras.
SLD (Special Low Dispersion) glass
This lens has two SLD (Special Low Dispersion) glass elements in the front lens group and one in the rear lens group for correction of chromatic aberration throughout the entire zoom range.
Rear focus and zoom lock switch
The rear focus eliminates the need for the front of the lens to rotate, thus allowing the use of circular polarizing filter. A zoom lock switch is built in to prevent the lens from extending due to its own weight, and the lens is easier to use.
Optional APO Tele-Converter EX
It is also possible to use this lens with Sigma 1.4x EX and 2x EX APO Tele-Converter to make ultra tele-zoom. With the optional APO tele-converter 1.4x EX, it works as a manual focus tele-zoom lens from 112mm to 560mm F6.3-8. With APO tele-converter 2.0x EX, it works as a manual focus tele-zoom lens from 160mm to 800mm F9-11
|An ultra-telephoto zoom lens, which overcomes image blur caused by camera shake.
|14 Groups/ 20 Elements
|Angle of view
|30.3° - 6.2°
|F stop range
|Closest Focusing Distance
|70.8" / 180cm
|Maximum Magnification
|Filter Size
|Dimensions (Length x Diameter)
|7.5" (length) x 3.7" (dia)
192mm (length) x 95mm (dia)
|58.2 oz. (1650g)
|Mounts: Sigma AF, Canon, Nikon (D)
Lens hood: Bayonet mount
Focusing system : Rear focusing
Number of diaphragm blades: 9
| For Canon
| For Nikon


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Alleged abductor of Freeland woman, child may have assaulted victim
A 22-year-old man who allegedly abducted a woman and her child Friday from a home near Freeland is also accused of raping the woman and threatening to kill the victims by driving his car off Deception Pass Bridge or the Coupeville Wharf, according to a deputy's report on the incident.
George Downey, a Greenbank resident, is being held in Island County jail on $750,000 bail. A judge found probable cause to hold him on suspicion of two counts of first-degree kidnapping, one count of first-degree rape, two counts of first-degree burglary, one count of felony violation of domestic violence protection orders, reckless endangerment and malicious mischief.
About an hour after the abduction, deputies with the Island County Sheriff's Office pulled over Downey's Jeep on Highway 20 near Coupeville, saving the woman and 4-year-old boy. Sheriff Mark Brown said the office was in the process of issuing an AMBER Alert --- a child abduction broadcast --- at the time of the arrest.
Deputy Darren Crownover wrote the probable cause narrative of the incident. At 10:42 a.m. on Friday, a 22-year-old woman called 911 from her East Harbor Road home to report that Downey, her ex-boyfriend, was at her home in violation of a restraining order. The woman screamed that he broke the window and then the phone went dead.
Crownover and two other deputies quickly arrived at the house, but nobody was there. The window on the front door was broken and the door was ajar. The deputies went inside to check on the woman's welfare and found blood on a banister and door.
Crownover noted in his report that he is familiar with the issues between Downey and his ex-girlfriend. He realized that the woman's son was also missing.
The deputies put out an "attempt to locate" on the woman and child, as well as Downey's Jeep.
At 11:26 a.m., two deputies located and stopped the Jeep on Highway 20 at Jacobs Road.
During an interview with a detective, the woman explained that Downey broke into her house by breaking a window. She was hiding in the bathroom, but Downey broke down the door. She and her boy fled to a bedroom and hid in a closet until Downey dragged her out by the hair while she was holding the child in her arms, according to the deputy's report.
Downey forced them into his vehicle and left at a high rate of speed while the child was unsecured. Downey told the woman that "he was going to drive them off the Deception Pass Bridge and kill them all," the report states.
Downey drove north to Greenbank. He turned off Highway 525 and drove off the road and over a fence to a residence he claimed belonged to a friend. He brought the woman and child to the house, apparently after breaking in. Downey returned the child to the vehicle and then led the woman to a bedroom where he allegedly raped her; he said he was angry because he thought she was seeing someone else and wanted to impregnate her, the deputy's report alleges.
Afterward, Downey returned the woman to the Jeep and continued driving north with her and the child. This time he told the woman that "he was going to drive off the Coupeville Wharf and kill them all," the report states. But a short time later, the vehicle was pulled over by deputies.
In an interview at the jail, Downey admitted to the deputy that he broke into the house and took the woman and boy while armed with a knife, Crownover wrote. Downey claimed he had consensual sex with the woman and that he was intending to turn himself in when he was stopped by deputies.
The deadline for the Island County Prosecutor's Office to file charges against Downey is Wednesday.
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text: Under clause 7 of rule XII, sponsors were added to public bills and resolutions as follows: H.R. 26: Mr. Clay. H.R. 32: Ms. Hirono and Mr. Johnson of Georgia. H.R. 139: Mrs. Napolitano and Ms. Matsui. H.R. 178: Mr. Shimkus. H.R. 192: Mr. Quigley. H.R. 210: Mr. Paul. H.R. 361: Mr. Mulvaney. H.R. 365: Mr. Cicilline. H.R. 420: Mr. Gibbs. H.R. 458: Ms. Linda T. Sanchez of California. H.R. 459: Mrs. Schmidt, Mr. Brooks, and Mrs. Black. H.R. 571: Mr. Sablan. H.R. 593: Mr. Pearce. H.R. 769: Mr. Rothman of New Jersey. H.R. 870: Mr. David Scott of Georgia, Ms. Waters, Mr. Cohen, Mr. Yarmuth, Ms. Fudge, and Mr. Gutierrez. H.R. 890: Mr. Bartlett and Mr. Jackson of Illinois. H.R. 931: Mr. Posey. H.R. 975: Mr. Smith of Washington and Mr. Shimkus. H.R. 997: Mr. Poe of Texas. H.R. 1179: Mr. Westmoreland, Mr. Bachus, Mrs. Black, Mr. Reed, Mr. Mulvaney, Mr. Price of Georgia, Mr. Rehberg, Mr. Barton of Texas, Mrs. Noem, Mr. Yoder, and Mr. Young of Indiana. H.R. 1206: Mr. Westmoreland. H.R. 1288: Mr. Sires, Mr. Carson of Indiana, and Mr. Rigell. H.R. 1319: Mr. Keating and Mr. Capuano. H.R. 1340: Mrs. Schmidt. H.R. 1370: Mr. Pence. H.R. 1385: Mr. Heck. H.R. 1404: Ms. Hahn and Mr. Connolly of Virginia. H.R. 1418: Ms. Bonamici and Mr. Paul. H.R. 1464: Mr. Van Hollen. H.R. 1558: Mr. Stutzman. H.R. 1585: Mr. Huizenga of Michigan. H.R. 1614: Mr. Garrett. H.R. 1639: Mr. Rogers of Michigan. H.R. 1668: Mr. Holt. H.R. 1675: Mr. Mulvaney and Ms. Moore. H.R. 1744: Mr. Johnson of Illinois and Mr. Gallegly. H.R. 2040: Mrs. Noem, Mr. Poe of Texas, and Mr. Walberg. H.R. 2086: Mr. Peterson. H.R. 2106: Mr. Ribble, Mr. Ryan of Ohio, and Mr. Wilson of South Carolina. H.R. 2140: Mr. Dicks and Mr. Rothman of New Jersey. H.R. 2161: Mrs. Lowey and Mrs. Capps. H.R. 2182: Mr. Matheson. H.R. 2193: Mr. Carson of Indiana. H.R. 2245: Mrs. Capps. H.R. 2280: Mr. Ellison. H.R. 2299: Mr. Mulvaney. H.R. 2310: Mr. Tierney. H.R. 2353: Mr. Tonko. H.R. 2429: Mr. Stutzman. H.R. 2487: Mr. Polis. H.R. 2492: Mr. Duffy. H.R. 2569: Mr. Baca. H.R. 2595: Mr. McGovern. H.R. 2682: Mr. McIntyre. H.R. 2874: Mr. Young of Indiana. H.R. 2885: Mr. Stearns. H.R. 2978: Mr. Price of Georgia and Mr. Pompeo. H.R. 2982: Mr. Polis. H.R. 2985: Mr. Latta, Ms. Lee of California, Mr. Himes, Mr. Cole, Mr. Deutch, and Mr. Scott of South Carolina. H.R. 3032: Mr. Wittman. H.R. 3053: Mr. Filner. H.R. 3059: Mr. Latta. H.R. 3086: Mr. Frank of Massachusetts, Mr. Boren, Mrs. Lowey, and Mr. Chandler. H.R. 3159: Mr. Farenthold. H.R. 3173: Ms. Hahn and Mr. Young of Indiana. H.R. 3187: Mr. Thompson of California and Mr. Crowley. H.R. 3199: Mrs. Adams and Mr. Broun of Georgia. H.R. 3200: Mr. Simpson. H.R. 3276: Mr. Mack and Mr. Southerland. H.R. 3300: Mr. Carnahan. H.R. 3336: Mr. McIntyre. H.R. 3337: Mr. Filner, Mrs. Hartzler, Mr. Tonko, Mr. Posey, and Mr. Lipinski. H.R. 3341: Mr. Farr. H.R. 3364: Mr. Roe of Tennessee. H.R. 3393: Mr. Long. H.R. 3405: Ms. Zoe Lofgren of California. H.R. 3418: Mr. Doyle. H.R. 3435: Mr. Loebsack. H.R. 3461: Mr. Pence, Mrs. Lowey, Mr. Dent, Mr. Marchant, Mr. Chandler, Ms. Jenkins, Mr. Fortenberry, Mr. Cole, Mrs. Lummis, Mr. Stivers, Mr. Whitfield, Mr. Fitzpatrick, Mr. Forbes, Mrs. Schmidt, Mr. Coble, and Mr. Schilling. H.R. 3462: Mr. Rush and Mr. Rangel. H.R. 3480: Mr. Yoder. H.R. 3481: Mr. Alexander. H.R. 3506: Mr. Reichert. H.R. 3523: Mr. Brooks, Mr. Huizenga of Michigan, Mr. Carter, and Mrs. Hartzler. H.R. 3541: Mr. Landry. H.R. 3548: Mr. Hensarling and Mrs. Capito. H.R. 3591: Mr. McDermott. H.R. 3596: Mr. Stark. H.R. 3606: Mr. Scott of South Carolina and Mr. Schock. H.R. 3612: Ms. Lee of California, and Mr. Polis. H.R. 3635: Ms. Hahn and Mr. Peters. H.R. 3643: Mr. Barrow. H.R. 3652: Mrs. Blackburn, Mrs. Noem, and Mr. Conaway. H.R. 3662: Mr. Gingrey of Georgia, Mr. Coffman of Colorado, Mr. Lewis of California, Mr. Gallegly, Mr. Gary G. Miller of California, Mr. Herger, and Mr. Sam Johnson of Texas. H.R. 3663: Mr. Griffith of Virginia. H.R. 3666: Mr. Lipinski. H.R. 3676: Mr. Farenthold. H.R. 3698: Mrs. Myrick. H.R. 3702: Mr. Clarke of Michigan. H.R. 3767: Mr. Gerlach, Mrs. Davis of California, Mr. Deutch, and Mr. DeFazio. H.R. 3789: Mr. Filner. H.R. 3798: Mr. Smith of Washington. H.R. 3803: Mr. Crawford and Mr. Pearce. H.R. 3805: Mr. Harris. H.R. 3811: Mr. Duffy. H.R. 3816: Mr. Pompeo and Mrs. Hartzler. H.R. 3819: Mr. Paul and Mr. Burton of Indiana. H.R. 3824: Mr. Brady of Pennsylvania, Mr. Bishop of New York, and Mr. McKinley. H.R. 3842: Mr. Schweikert and Mr. Harris. H.R. 3848: Mr. Schock and Mrs. Blackburn. H.R. 3852: Ms. Lee of California and Mr. Quigley. H.R. 3856: Mr. Bilirakis, and Ms. Ros-Lehtinen. H.R. 3866: Mr. Serrano, Mr. Cleaver, Mr. Rangel, Mr. Dingell, Mr. Altmire, Mr. Walz of Minnesota, Mr. Costello, Mr. Rahall, Mr. Michaud, Mr. Larsen of Washington, Mr. Nadler, and Mr. DeFazio. H.R. 3875: Mr. Welch, and Mrs. Capps. H.R. 3878: Mr. DeFazio. H.R. 3895: Mr. Jones. H.R. 3903: Ms. Sutton, Mr. Welch, Mr. Johnson of Georgia, Mr. Jackson of Illinois, Mr. Conyers, Ms. Kaptur, Ms. Moore, Mr. McGovern, Ms. Lee of California, Mr. Honda, Mr. Filner, and Mr. Cicilline. H. Res. 298: Ms. Zoe Lofgren of California. H. Res. 460: Ms. Zoe Lofgren of California, Mr. Langevin, Mr. Holt, Mr. Calvert, Mr. Lewis of Georgia, Ms. Eddie Bernice Johnson of Texas, and Ms. Roybal-Allard. H. Res. 532: Mr. Nunnelee and Mr. Fitzpatrick.


text:
The decision to cut Gary Sheffield hit Tigers manager Jim Leyland hard Monday night, but Leyland's lack of a guaranteed contract beyond this season has likely provided him with even more sleepless nights.
Leyland told The Detroit News' Tom Gage he had a lot on his mind the night before making the Sheffield decision.
The Detroit News, March 30: "It was a gut-wrencher," said manager Jim Leyland, who stayed up late thinking about the decision to release a likely Hall of Famer. "It's not good when you light up two Marlboro's at the same time at 3 a.m., washing it down with a glass of chocolate milk."
Sheffield's departure is a clear indication that Leyland understands he only has a season -- maybe a season and a half -- to turn things around before he, too, will follow Sheffield out of Detroit.
The addition of Rick Porcello and Ryan Perry to the Tigers' Opening Day roster is proof that Leyland is molding his team with the top 25 players -- and player relationships and previous accolades no longer factor into his decisions.
The Ledger, March 31: "I wouldn't say I'm shocked but I am surprised," Sheffield said of his release. "To do this when somebody is one home run away (from 500)...I don't know how to react to that."
It took Perry, 22, less than a year after being drafted to join Detroit's bullpen, while Porcello, 20, is less than two years removed from high school and will skip his Double-A Erie stint to start in the Tigers' starting rotation.
Both made strong cases to make Detroit's roster this spring, but if Leyland wasn't on the chopping block this season, would both right-handed pitchers have received similar consideration?
It's tough to say, but the disabled list is already housing Jeremy Bonderman, Joel Zumaya and Dontrelle Willis and Nate Robertson continues to struggle to find any groove.
Leyland and Tigers general manager Dave Dombrowski have already showed their backbone with Justin Verlander and Joel Zumaya in 2006, when many assumed the pair would head back to the minors. Perhaps Leyland hopes Perry will fill the role that Zumaya sealed in 2006 and become the team's primary setup man.
Whatever the case, it appears Leyland, who has a must-win-now mentality, is pulling out a few wild cards for an entirely different reason than in 2006.
He's trying to keep his job at any cost.


text:
Florida Supreme Court
Briefs and Opinions
Docket #71554 - Cape Publications, Inc., Vince Spezzano, and Jere Maupin, Petitioners, vs. Phillip Hitchner and Barbara Hitchner, his wife, Respondents. 549 So. 2d 1374; October 5, 1989.
Petitioners' Brief on Jurisdiction
Jurisdictional Brief of Petitioners
Respondent's Brief on Jurisdiction
Petitioners' Brief on the Merits
Brief on the Merits of The Times Publishing Company, et al.
Answer Brief
Reply Brief of The Times Publishing Company
Petitioners' Reply Brief
Brief of Jurisdiction of Amici Curiae The Florida Press Association, et al.
Initial Brief of Amici Curiae Representative Elaine Gordon, et al.
Brief of Amicus Curiae, Academy of Florida Trial Lawyers
Brief of The State Attorney of The Eleventh Judicial Circuit of Florida as Amicus Curiae
Reply Brief of Amici Curiae Representative Elaine Gordon, et al.
Oral Argument Video
(.wmv, 111 MB)
Compiled by the Florida State University College of Law Library with financial support from the law libraries of Barry University, Florida Agricultural and Mechanical University, Florida Coastal School of Law, Florida International University, Florida State University, Nova Southeastern University, St. Thomas University, Stetson University, University of Florida, and University of Miami.
Copyright ©, 2001. Florida State University College of Law and
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text:
hmmm 10/10
idk who you are. . . first time seeing you. . . but hey, if you're getting 10/10, then i'm lagging on posts XD
OHAI! I'm just an old dinosaur from 2006 seeing who's here
The name is. . . Hugo
Got a Nintendo 3DS? 2492-5132-0881
Avatar drawn by Redreavus.
Attachment 11127Attachment 11126


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Polish Workers Play Ball at Jamestown, Virginia in 1609
With this first of sixteen articles by several scholars of baseball's earliest period, a picture will begin to emerge of how the game first flowered in America. (For regular readers of the Our Game blog, my own contributions will be interspersed with these excerpts from Base Ball.) The article below, by David Block, appears in print in a new special issue of the journal Base Ball. Larry McCray, the guest editor for this Spring 2011 publication, is the founder of the invaluable Protoball Project, a website where many of the early game's top scholars have shared their finds. McCray is also a panelist on Major League Baseball's Origins Committee, which I chair. So is Block, author of the pathbreaking Baseball before We Knew It (University of Nebraska, 2005), a research-intensive investigation of the game's English roots. These articles constitute only a portion of the complete special issue and appear courtesy of the publisher. Each article is keyed to the larger Protoball Chronology appearing at http://www.retrosheet.org/Protoball/; for example, the article below, indexed as 1609.1, reflects that it is the first Protoball entry for the year 1609.
As the journal's editor over its first five years, I encourage you to consider purchasing the "Special Origins Issue" or, better yet, subscribing to the semiannual. For details, see: http://www.mcfarlandpub.com/baseball.html.
1609.1 Polish Workers Play Ball at Jamestown, Virginia
An Early Hint of Continental Europe's Influence on Baseball
David Block
"Soon after the new year [we] initiated a ball game played with a bat…. We rolled rags to make balls…. Our game even attracted the savages who sat around the field, delighted with this Polish sport."1
At the Jamestown Colony in Virginia in the year 1609, a handful of Polish craftsmen took a break from their work to engage in a bat and ball game called pilka palantowa, or "bat ball."2 Among the spectators (according to one of the Polish players who wrote about it later in a memoir), were "the savages," "who sat around the field, delighted with this Polish sport."3 One wonders whether the Indians were truly enjoying the ball game, or sharing smiles over their secret plans to launch attacks against this settlement of intruders. Whatever the case, this first recorded instance of Europeans importing a bat and ball pastime into the New World did not become an immediate trendsetter. The Poles would soon pack up their tools and ballplaying equipment and return to Europe; it would fall to later generations of immigrants to implant the seeds of bat and ball play that would evolve into modern American baseball.
Still, as it turns out, that early–17th century appearance of pilka palantowa in America may have anticipated an influence on American baseball not previously recognized. Palant, as the old folk game is more commonly called today in Poland, is linked to an ancient family of northern European bat and ball pastimes that the Danish historian, Per Maigaard, broadly categorized as "longball."4 In a 1941 article, Maigaard wrote that longball (he spelled it as one word, but it often appears as "long ball") was played in many variations throughout Scandinavia, as well as in Germany and Poland. In broad terms he described it as a game with two bases (called a "batting home" and a "running home"), in which a batter situated at the batting home was served a ball from a pitcher, and then struck it as in baseball. After hitting the ball, the batter ran to the running home where he could remain, but could also reverse direction and return to the batting home if it was safe to do so. Multiple players were permitted to rest at the running home at the same time. Outs were recorded by fielders catching batted balls on the fly, or by "soaking" the runners between bases.5
In my 2005 book, Baseball before We Knew It, I paid little attention to long ball beyond acknowledging Maigaard's theory that the game was ancestor to the "modern" ball sports of cricket, rounders, and baseball. I elected not to research the sport myself, believing that most potential source material would be written in languages I didn't understand. Besides, my focus at the time was on the little-known game of English baseball and its likely role as the immediate predecessor of American baseball. While recognizing that long ball and other continental pastimes might have had some (as yet undefined) influence on the evolution of cricket and baseball in England, I did not at the time give any serious consideration to the notion that long ball might have crossed the ocean and played a role in the development of baseball over here.
Early baseball is a fluid field of study, however, and recent findings have inclined me to reexamine my thinking on the origins of baseball-like play in 18th century America. Because a game called baseball was already established in England by the 1750s, I had long assumed that similar activity on this side of the ocean was mostly, if not entirely, the result of its importation by English children. But this may not have been the full story, given that a growing body of evidence now suggests that the original English version of baseball was not played with a bat (the batter struck the ball with his or her bare hand).6 If I am right about this, it then raises the questions of how American baseball came to employ the bat, and whether European influences other than English ones played a role.
In following this line of inquiry I thought it would be useful to see how long ball might have fit into the picture. A Wikipedia search reveals the following definition for the game: "Danish Longball (sometimes called Swedish longball) is a bat-and-ball game founded in Denmark. It is popular in British secondary schools, and is played recreationally by scouts and by the British Navy and Australian Navy. It is also a popular sport at U.S. summer camps."7 The Wikipedia article makes no mention of long ball's antiquity, but does describe briefly how it is played; although a bit simplified, the modern game appears to be the same as the one described by Maigaard. Another website, True-Knowledge.com, adds that "Danish longball" today is "now played regularly in New York's Adirondack Mountains."8
That last point is interesting, because a further web search shows a surprising second claimant for long ball. Several sites, including that of the Iroquois Museum, imply that the game of long ball is not European at all, but a traditional Iroquois pastime.9 Can it be more than a coincidence that the Adirondack Mountains, mentioned above as a hotbed of Danish long ball, lay within what was once the territorial homeland of the Iroquois Six Nations? Adding to this curious confusion are some claims from a 2002 article by Dan Ninham that appeared in The Journal of Physical Education, Recreation& Dance. According to Ninham, "Long Ball began among the Iroquois people of New York and continues to be played among the Iroquois in Wisconsin, New York, and Canada."10 He went on to describe how the game is played, characterizing it as a two-base, bat and ball sport—complete with soaking—that matches closely the various other descriptions of Danish long ball that have appeared in print from Maigaard onward.
I have to say that I am dubious of the Iroquois claim to long ball. Certainly, most American Indian tribes, including the member tribes of the Six Nations, were highly skilled at ballplaying, and practiced a wide variety of traditional ball sports. None of these, according to my own research and to that of the ethnographer Stewart Culin, have been shown to bear any resemblance to baseball, or to related bat and ball games like long ball. Still, you have to wonder how a legend like this took hold.
Whether Danish or Iroquoian, the unexpected presence in modern American society of the ancient game of long ball led me to start digging backwards into history to see how this situation came to be. Was long ball recently reimported to these shores, or has it been here all along? Has it been stealthily creeping along beneath our notice for centuries, quietly influencing the evolution of American baseball, and even, as unlikely as it seems, the possible source for our use of the bat?
Surprisingly, evidence of long ball was not too hard to find. In the early decades of the 20th century it was often mentioned as an excellent game for playgrounds and gymnasiums, with one school official in Dallas gushing that "the game of longball is probably the best of all ball games for a large number of players in a limited space."11 It is obvious that the pastime being discussed in these references is essentially the same two-base, bat and ball game described above, minus any mention of Danish or Iroquoian roots.
Turning back the clock a little further, I found an 1863 letter from a soldier in the 6th Massachusetts Regiment that appeared in his hometown newspaper. In it he wrote: "Our regiment indulged in various games, including foot and long ball."12 Evidently, the pastime was bipartisan in those days, because I found another reference to it in an Alabama newspaper published in 1860 on the eve of the Civil War.13
In the inaugural issue of this journal four years ago, Joanne Hulbert educated us about the New England tradition of playing baseball on Fast Days. The game of long ball apparently joined in on this practice too, as the following clip from an April 30, 1847, issue of a New Hampshire paper reveals:
"FAST. This time-hallowed, if not time-honored occasion, was observed in the usual way. The ministers preached to pews exhibiting a beggarly emptiness…. The b-boys smoked cigars, kicked football, payed [sic] round ball, long ball, an [sic] old cat, and went generally into the outward observances peculiar to the occasion."14
But the earliest evidence of long ball in America that I was able to find associates it with another holiday: Election Day. An 1831 article appearing in the National Aegis of Worcester, Massachusetts, excoriated the state legislature for moving Election Day from May to January. The article detailed the traditional enjoyments of the holiday that would be lost by moving it to winter: "Then amusements were planned; then were hunting matches and fishing parties made; then was the quoit hurled in the air; then were cricket, base and long-ball played; then were sports of every kind, appropriate to the season, sought after and enjoyed with peculiar zest."15
So it would seem that the game of long ball has been with us in the United States for at least the better part of two centuries, mentioned in the same phrases as the more familiar names of cricket, baseball, and round ball, and yet, to the best of my knowledge, unknown or ignored by all of us who purport to be historians of these pastimes. For the past century we have descriptions of long ball in this country that, more or less, agree with each other. And, it should be noted, such descriptions are consistent with the way European sources describe various forms of the game, whether they be Maigaard's general description of long ball from 1941, or modern Polish accounts of palant, or the description of a German version of long ball, das deutsche Ballspiel, that author J. C. F. Gutsmuths provided way back in 1796 in his pioneering book on games and sports.16
If, as this suggests, long ball has always, more or less, been long ball, the question is: How did it get here? If the Poles initially brought their version here in 1609, they may well have brought it again at some later date. Certainly, German immigrants to North America in the 18th century were plentiful, and one eyewitness account from 1753 described boys at a German–Dutch settlement in upstate New York playing a bat and ball game.17 Could this have been a version of long ball? There is no dispute that the pastime was played in Denmark, but Danish settlers in colonial America were few and far between, and it is therefore unlikely that they were responsible for implanting long ball over here.
But, wait a minute. There were some earlier Danish visitors, weren't there? Way, way earlier. You don't suppose Leif Ericson and that crowd had anything to do with bringing long ball here? In a way, that could explain how after a thousand years the Iroquois could reasonably have come to believe that the game was theirs. Just a thought.
The final question is a big one: Could long ball have been the source for the bat in American baseball? For this, like so many other questions about the early history of baseball, we have no definite answer; yet it does give us something new to cogitate about. Long ball was here in America, apparently all along. It is a game played with bat and ball, and one that is far more baseball-like than cricket. Given that early English baseball was played without a bat, what better candidate than long ball to supply the missing ingredient that transformed the simple English game into its more robust American counterpart?
1. Block, D. 2005. Baseball before We Knew It (p. 101). Translated and excerpted in: Waldo, A. 1977. The True Heroes of Jamestown (p. 128). The original volume: Stefanski, Z. 1625. Memorialium Commercatoris (Amsterdam: Adreasa Bickera).
2. Ibid.
3. Ibid.
4. Block 2005, 97–98. Maigaard, P. 1941. "Battingball Games," Genus 5.1–2, 57–72.
5. Block 2005, 261–264.
6. My findings regarding the absence of a bat in English baseball are summarized in the accompanying essay in this issue of Base Ball ("Item 1744.2—A Little Pretty Pocket-Book Published").
7. en.wikipedia.org/wiki/Danish_longball
8. http://www.trueknowledge.com/q/facts_about_danish_longball
9. nativevoices.org/articles/tribal_gifts.htm (see also: http://www.iroquoismuseum.org/edprog.htm).
10. Ninham, D. 2002. "The Games of Life: Integrating Multicultural Games in Physical Education," Journal of Physical Education, Recreation & Dance 73.
11. "School Girl Officers Instructed in Games," Dallas Morning News: Jan. 30, 1910 (p. 40). See also: Mero, E. 1908. American Playgrounds: Their Construction, Equipment, Maintenance and Utility (pp. 158–159).
12. "Letter from the Sixth Regiment," Lowell Daily Citizen and News: Jan. 2, 1863, p. 2.
13. "Letter from an Old Man in the Country," The Daily Confederation (Montgomery, Ala.): Mar. 3, 1860, p. 2 (originally from the Huntsville Advocate).
14. New Hampshire Statesman and State Journal (Concord, N.H.): Apr. 30, 1847, col. B (originally from the Nashua Telegraph).
15. "'Lection Day," National Aegis (Worcester, Mass.): June 15, 1831, p. 1 (originally from the New York Constellation).
16. Block 2005, 72–73. Gutsmuths, J. 1796. Spiele zur Uebung und Erholung des Körpers und Geistes, für die Jugend, ihre Erzieher und alle Freunde Unschuldiger Jugendfreuden (pp. 57–77).
17. Block 2005, 310. "A Letter from Rev. Gideon Hawley, of Marshpee, containing a Narrative of his Journey to Onohoghgwage in 1753," Collections of the Massachusetts Historical Society for 1794 1.4.
From Base Ball: A Journal of the Early Game, Vol. 5, No. 1 (Spring 2011) © Edited by John Thorn by permission of McFarland & Company, Inc., Box 611, Jefferson NC 28640. www.mcfarlandpub.com.
5 Comments
I love this. I love the project. It's a fantastic look, not just at base ball, but the history of the country and the cultures that arrived at her shores from overseas.
Utterly fascinating. Thank you, John.
Have to send this to my son , the Baseball Fanatic!!!


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Jean Danielson, a professor and mentor who had a knack for spotting and nurturing academic talent during 39 years at Newcomb College and Tulane University, died Monday at Canon Hospice of complications of thyroid cancer. She was 77.
As an associate professor of political science and, later, director of Tulane's honors program, Dr. Danielson made a point of being accessible to students whenever they sought her out.
"Very few of us are willing to or have the complete commitment to students that Jean had," said Tom Luongo, the honors program's director. "Once she was engaged by a student, she was thoroughly engaged. She listened. She loved to talk to them. She was endlessly patient. ... There are people who come along occasionally who can play that kind of role, but they are few and far between."
Dr. Danielson set high standards for students and demanded a lot from them. "Some people thought she was like a drill sergeant, but she was a soft touch," said James Kilroy, a former Tulane provost and dean of its College of Arts and Sciences.
The time Dr. Danielson spent with students, especially those whom she was grooming to compete for prestigious scholarships for postgraduate study, paid off. During her tenure, Luongo said, Tulane students won a Rhodes scholarship, 11 Marshall scholarships, seven Truman scholarships and 22 Goldwater scholarships.
Dr. Danielson, who acquired the nickname "Dean Jean," kept counseling students even after her retirement in 2004 until ill health forced her to stop. Business cards printed up for her bore a made-up title: adviser at large.
"It quite suited her," Luongo said. "If she were still here, we would love to have her playing that role because none of us could do what Jean could do."
Her students appreciated the attention, said Joan Bennett, a former Tulane biology professor who is an associate vice president of Rutgers, the State University of New Jersey.
"She was always ready for a discussion, an argument or theories, and she always listened," said Nancy Marsiglia, a civic leader who, as a political-science major in the early 1970s, took three courses with Dr. Danielson. "I thought the world of her."
With her bowl haircut, deep voice, resonant laugh and ever-present More Red cigarette, Dr. Danielson cut a distinctive figure on the Uptown campus.
Dr. Danielson, a Chicago native, came to Tulane in 1965 after earning bachelor's and master's degrees at Southern Illinois University and a doctorate at the University of Kansas. She was the first woman to earn a Ph.D. in political science at Kansas, and she was the first female member of Newcomb's political-science faculty.
"I had a big mouth," Dr. Danielson said in a 2004 interview with the New Wave, a Tulane publication. "I was never afraid to articulate my ideas, so I was something different."
In 1974, she organized Newcomb's first women's studies colloquium.
"It was adventurous and out there," Bennett said. "She came into the first class and said, 'We're going to give the broad picture.' Everybody got it. Then she'd take a puff and tell another line, and she'd have everybody with her."
Dr. Danielson received awards recognizing her teaching prowess, and she was elected to Omicron Delta Kappa, the national leadership society.
"The university provided her a family environment, and the students were her kids," history professor George Bernstein said. "She always treated them like adults. If you show that you respect them and care for them, they'll respond, and there was nobody in the world better at that than Jean."
Survivors include a brother, John Danielson of Chattanooga, Tenn.; and three nieces, Arlyn Danielson Schlosberg of Alexandria, Va., Karyn Danielson of Hampshire, Ill., and Lauryn Kessler of Chicago.
No funeral is planned.


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FAYETTEVILLE, Arkansas – Auburn coach Gus Malzahn had no interest in getting drawn into another war of words with Arkansas coach Bret Bielema this week.
Malzahn, the architect behind college football's biggest turnaround and a sudden contender for a BCS bowl berth, had bigger things to worry about than trading shots with his fellow first-year coach.
Despite a fast start and a No. 11 BCS ranking, Auburn heads into Razorback Stadium for a 5 p.m. kickoff on ESPN2 tonight with a question at quarterback as the Tigers try to capitalize on the momentum built by a big October that thrust Auburn back into the national conversation.
Auburn starter Nick Marshall will be a game-time decision after suffering a shoulder injury against Florida Atlantic last week.
"He's our starting quarterback," Malzahn said. "Any time (there's an injury), you want to make sure that he can do what he does and make sure that he gives you the best chance of winning."
If Marshall can't go, the Tigers will turn to freshman quarterback Jeremy Johnson, who has been impressive against Western Carolina and Florida Atlantic but hasn't spent much time taking snaps in SEC play yet.
Using Johnson could alter Auburn's offense; Marshall is an electric runner, Johnson more of a pocket passer.
"He's got a lot of natural instincts that I think bode well for him at quarterback," offensive coordinator Rhett Lashlee said. "So I'd feel good with Jeremy out there, I really would."
Arkansas (3-5, 0-4) enters the game looking mostly to get back off the mat; after a fast start, the Razorbacks have lost five straight, dropping a 52-7 decision at home to South Carolina and a 52-0 beating to Alabama in the two weeks before heading into the bye.
The Razorbacks have been able to run the ball behind freshman Alex Collins and backfield mate Jonathan Williams, but Arkansas quarterback Brandon Allen has struggled, and injuries to the defense have left the Razorbacks vulnerable against both the run and the pass.
Already on the fence with five losses, Arkansas desperately needs a win to keep its postseason hopes alive heading into the month of November.
"These next four remaining games — the games that we're locked in to play — they're going to obviously decide if we have a chance to play in the postseason," Bielema said. "But more importantly, give us a good indicator as coaches what we have and what we need to recruit and what we need to have for the future."
If Marshall plays -- and even if Johnson makes the first SEC start of his career -- Auburn should have the edge, but despite the wildly different trajectories of the two teams, Malzahn hasn't let Auburn rest on its laurels.
Auburn still feels like it has something to prove.
And that means winning the games the Tigers are supposed to take.
"I think we've still got some people to prove wrong," safety Jermaine Whitehead said. "I think we still want to prove to ourselves that we can win 10 games, we can win 11 games, we can be a great football team."


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PITTSFIELD — Six people were forced from a multi-unit residence after a fast-moving fire tore through the wood-frame structure Sunday afternoon.
There were no reported civilian injuries, though a Pittsfield firefighter did sustain a hand injury responding to the 1:30 p.m. blaze, The Berkshire Eagle reports.
The fire broke out on the second floor of 50 John St., a multi-family dwelling on the city's West Side. Officials told the Pittsfield newspaper that all of the building's occupants, including the owner, were home when the fire broke out. A resident of a neighboring building spotted the smoke and alerted tenants.
It took firefighters less than an hour to control the fire, the cause of which remains under investigation. Officials reported heavy damage to the entire structure, including fire, smoke and water damage.
The American Red Cross is helping with food, clothing and temporary shelter for the fire victims. "We'll be following up with them for the next few days to see how they're doing," Dawn Leaks, regional director of communications for the Red Cross, told The Eagle.
MAP of Pittsfield fire scene:


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