H-1B:
Eliminate the quota, but become stricter on enforcement. Make employers PROVE that the job is there, and it is real. Make site visits mandatory where the Sponsor has less than 200 employees. If an H-1B employee lose his job, he will get an automatic 6 months to stay in the US. After that time, if he has found no jobs, he has to leave. He can also switch to a dependent visa like H-4, but cannot switch to a student visa (F-1), without going back to the home country. If an Employer is found to have changed the resumes of the Employee in order to get a job for that employee, then both the Employer and the Employee will be barred from future filings for 5 years. The Employee will never be given the chance to adjust status through employment and will be deportable.

L-1A:
Focus more on viability and less on job description. If a Japanese restaurant owner has to oversee cooks and waiters who are not “Professional” employees, it’s no big deal. What matters is, is the restaurant viable? Is it making money, and will it survive? If a large multinational, foreign Company, (for instance let’s say Suzuki) wants a small office in the US, which coordinates their North American business, then they should be allowed to have an L-1. Even though they may not be creating US jobs, the fact that they are doing business means that they are helping US population in some way. When the time comes for the Company to grow in the US, they will grow. But by denying them the right to have a small office, we will actually drive business to Canada or Mexico. Whether the manager is managing a function, or doing full time managerial job is immaterial. Good managers do everything. If you are the CEO of a profitable company, you can clean a room, if it looks bad, and you have the time. It won’t kill you.

L-1B:
The focus should be on the technical aspect, and not so much on the proprietary aspect. We have a shortage of technical people in the US. So even though it’s fair to say that the job has to be proprietary to the Company, the focus should be on whether the Employer can get anyone in the US to do the job with some training. If the Company is viable and profitable, then we should let the Company prosper with their L-1B candidates. After all, they will pay US taxes.

For more information contact Banerjee & Associates

Joshua Brown, 40, was killed in Williston, Florida, when his car collided with a tractor-trailer that was turning left in front of him. The National Highway Traffic Safety Administration (NHTSA) said that the Tesla was in self-driving mode, and preliminary information indicated that neither the driver nor the self-driving system applied the brakes. Tesla said in a news release that the autopilot system did not detect the white side of the truck against the bright sky.

The NHTSA has opened an investigation into the accident, but the agency cautioned that the initiation of the inquiry did not necessarily mean that there was a defect in the vehicle. Mark Rosekind, the head of the agency, said recently that self-driving cars need to be at least twice as safe as human drivers.

Elon Musk, the CEO of Tesla, is often hailed as a visionary, but he was criticized for Tesla’s response to the accident. The company said that the death was the first in 130 million miles, and was a “statistical inevitability.” Musk pointed out that 1.3 million people die worldwide in traffic accidents each year.

If you need to speak with a auto accident lawyer, Call Joyce & Reyes at 1.888.771.1529 or visit more of http://www.joyceandreyespa.com/.

Sources

• http://www.vanityfair.com/news/2016/07/how-the-media-screwed-up-the-fatal-tesla-accident
• https://www.theguardian.com/technology/2016/jul/07/tesla-elon-musk-autopilot-death-crisis-management

Rigzone.com claims to host the resumes of over 2 million workers in the oil and gas industry. Workers post their resumes for free, and recruiters pay a fee for access. David W. Kent Jr. founded Rigzone in March 2000 and later sold it to DHI Group, subsequently starting Oilpro.com, a rival site. Rigzone and DHI Group sued Kent and Oilpro in federal court on June 10.

The lawsuit alleges that Kent owned approximately 70 percent of Rigzone when he sold it to DHI Group for $51 million in August 2010, while staying on as president under a consulting agreement. DHI Group claims that Kent received over $35 million from the sale, but the firm alleges that Kent set up a backdoor entry into Rigzone’s website and took its data.

According to the lawsuit, Kent set up Oilpro.com, a competing website, in 2013, posting an online timer that counted down to the minute when his non-compete agreement expired on Oct. 1, 2013. DHI Group also alleges that Kent convinced the core team that operated Rigzone to join him at Oilpro.

Kent was reported to have been arrested March 30 in Texas and faces federal criminal charges of conspiracy and wire fraud for allegedly hacking into Rigzone’s website. If found guilty, he could face up to 25 years in prison.

The lawsuit alleges that Kent sought to sell Oilpro to DHI Group for $20 million. According to the lawsuit, Kent wrote to the CEO of DHI Group saying that he built Oilpro with the purpose of selling it to them, saying that it “seemed to work for all parties before.”

Gregory D. Jordan is an Oil and Gas lawyer in Austin. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

According to a research study from the National Alliance for Caregiving and AARP, the description of the family caregiver is changing. While the typical family caregiver is usually depicted as, on average, a 49-year-old woman who cares for a relative, caregivers in general are becoming very diverse.  

The usual higher-hour caregiver, who gives unpaid care for a minimum of 21 hours per week, has been providing care for an average of 5 ½ years, and anticipates continuing to provide care for an additional five years. Almost half of such caregivers have reported high emotional stress.  

Considering an average household income of $45,700, caregivers have revealed that they are under much emotional and financial strain. Higher-hour caregivers say it is challenging to find economical caregiving services, including delivered meals, transportation or health services within the home.  

According to Gail Gibson Hunt, president and CEO of the National Alliance for Caregiving, there is a concern that family caregivers are not receiving adequate support as they get older. This lack of support for caregivers can put both the caregiver and the recipient of care at a disadvantage.  

Those who provide caregiving services to a close family member, such as a spouse or a parent, and who provide care for at least 21 hours a week, reveal that it would be helpful if they are mentioned in the medical records of the care recipient as a family caregiver. 

The action was taken in response to a CBS News investigation in January in which the group’s former employees described wasteful and extravagant spending on parties, meetings and conferences. Board chairman Anthony Odierno is temporarily overseeing WWP while it searches for a permanent CEO. The charity said new leadership would “help restore trust in the organization among all of the constituencies WWP serves.”

WWP collected $312.4 million in donations in 2014. However, CBS News claimed only around 60 percent of donations were directed toward veterans. Using public records, the network found the charity spent $26 million on conferences that year. WWP disputed some of the report’s allegations in a statement released on March 10.

Odierno claimed WWP actually spent about 80 percent of donations on veterans. The group also said 94 percent of the $26 million in spending “was associated with program services delivered to Wounded Warriors and their families.” Odierno is a retired Army captain who himself received WWP’s assistance when he was injured in 2004.

Odierno said the charity group was now getting its focus “solely back on serving our wounded warriors, their caregivers and their families.” WWP ordered an independent review of its operations and has vowed to rein in spending by implementing new rules.

There are a large number of agents out there that have issues with using lead generation companies and investing their hard-earned marketing dollars in buying leads. Those same cautious individuals end up watching the competition soar like an eagle when it comes to selling Medicare supplements.

“Why is the competition doing better than you are? They are buying exclusive Medicare supplement leads from benepath.net,” explains Clelland Green, RHU, CEO, benepath.net. “The fact is the Medicare supplement market is ripe for harvesting because the buyers in that demographic need what you are selling. It doesn’t get any easier than that.”

Selling insurance, no matter what kind, is not a walk in the park. Agents should always work their leads, even Medicare leads, with enthusiasm, drive, integrity and determination. The greying of America means there are millions of potential customers to approach with a much sought after health product, one that they need to be as healthy as possible.

The nation’s population is not the only thing aging. So is the Medicare program itself. Some predict it is going to run out of money by 2017. Others suggest it is likely to remain operating, but at a 20 percent less capacity. “That aside, and most such predictions like this need to be taken with a grain of salt,” adds Green. “Medicare supplements help fill the gaps left in health insurance coverage in the ‘original’ Medicare.”

Also referred to as Medigap, Medicare supplements give seniors a better, more complete plan to see them through their medical issues. This point, perfect for educating potential senior customers, may be used in discussion with Medicare supplement leads. Working this type of lead is not just about selling. It is also about education, assisting the client to choose what is the best coverage for their situation and about making someone’s life better.

“With all those points working in your favor, your business can and will grow by leaps and bounds. When you market what people want and need and do a good job of it, they convert. Don’t eschew buying from a lead generation company until you have actually tried it,” Green suggests. “The results will surprise you.”

Medicare supplement leads are a bit like the pot of gold at the end of the rainbow. “Believe in the process and product and reap the rewards,” says Green.

Clelland Green is with Benepath.net, a leader in providing Medicare leads. Benepath provides agents with exclusive leads in just a few mouse clicks. To click here to visit http://www.benepath.net.

Our guest blogger this week is Tara Fishler, CEO of Customized Training Solutions.  Tara Fishler founded Customized Training Solutions in 2003. She and COO Leiat Klarfeld, have provided training to thousands of parents, teachers, support staff, administrators, and students in schools and organizations on topics including anti-bullying, anger management, special needs, diversity and mediation among many other topics. Ms. Fishler currently serves as President of the New York State Dispute Resolution Association (NYSDRA).

One in four kids in the U.S. is bullied on a regular basis. That’s bad enough, but what’s worse is that according to several studies, the rates are usually two to three times higher, for children with special needs. In nearby Connecticut, more than 50 percent of tracked bullying reports involved a student with a disability or an IEP.

While more and more schools are developing anti-bullying programs and policies, there’s still a great deal of work to be done, particularly for kids with special needs. For many of these kids, their parents will always remain their primary advocate.

The good news is, there are proactive steps that parents can take to protect their kids and create a healthier, more accepting environment in their schools and communities.

How Do You Know If It’s Bullying?

In the past, bullying issues were, at best, addressed haphazardly, and at worst, swept under the rug. Now, it’s taken more seriously, which is good. However, it’s also created confusion, because “bullying” has become a catch-all phrase for all kinds of peer conflicts, such as teasing and other relationship issues. In addition, since a child with special needs may not be able explain exactly what’s happening, how do you know if it’s a bullying situation or just “kids being kids?”

Bullying is defined as behavior that is intentional, aggressive and negative, carried out repeatedly against one or more targets. Bullying occurs in relationships where there is an imbalance of power between the parties involved.

Evaluating the balance of power in a conflict is often the best way to identify bullying versus teasing. If one party is afraid of the other, it’s more likely to be a bullying situation. When a child has special needs, it can be especially hard to tell what is really going on. (Look for my personal experience on this issue in a future post.)

Why Kids with Special Needs Are Targeted

Kids with physical, developmental, intellectual, behavioral, sensory disabilities and even allergies are more likely to be bullied than others. Studies indicate that when kids have visible physical disabilities, they are more likely to be victimized.

In addition, children with special needs often have a lower baseline social standing than their fellow students, which makes them more vulnerable from the start. When part of a child’s condition includes social challenges, such as autism, Social Communication Disorder (formerly Asperger’s syndrome), and ADD or ADHD (Attention Deficit Hyperactivity Disorder), the problem is intensified. Kids who have trouble holding conversations or making friends, or who have a low frustration threshold, are prime targets.

Ironically, the recent inclusion movement in schools may have actually made students with special needs more vulnerable. Special classes, aides, and technological equipment highlight the fact that these students are “different.” And being “different” can set kids up not only for social ostracism, but as the go-to target of bullies.

How to Spot if Your Child Is Being Bullied

The first indication of a bullying problem is often a change in a child’s behavior. Often, kids who are being victimized:

• Become reluctant to go to school.
• Start eating or sleeping poorly, or too much.
• Lose interest in classwork and slip academically.
• Lose interest in friends and favorite activities.
• Become moody or get upset easily.
• Regress in toileting and other skills.
• Complain of headaches or stomach aches.

In addition, look for physical signs, including:

• Cuts, bruises, or injuries that weren’t there in the morning.
• Torn or dirty clothing.
• Damaged or missing belongings.

If you suspect your child may be the target of bullying, document the situation and bring it to the attention of their teacher(s) and Principal. For more tips about how to handle bullying situations, visit www.tarafishler.com.

Learn more about our special needs planning and special education advocacy services at www.littmankrooks.com or www.specialneedsnewyork.com.

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If an employer does not offer a 401(k), there are other investment options, including the traditional IRA and the Roth IRA

Today, when it comes to providing a retirement plan for their employees, businesses large and small, have opted for a defined-contribution plan with choices that include a 401(k), IRAs and Roth IRAs; this, versus a ‘defined benefit,’ program, or more commonly referred to as a pension plan.

According to an interview on CNBC with the CEO of a major investment firm, the era of pension plans represented an almost “paternalistic” approach of making sure their workers would have a financially secure retirement.

But with the introduction of the 401(k) retirement plans back in 1980, employees have been able to squirrel away pre-tax dollars, as well as any employer contributions, in a number of funds through the sponsoring investment firm of the employer’s choosing.

Consequently, this retirement alternative has allowed employers to avoid the risks long associated with years of funding the traditional pension plan, a risk derived from the fact that Americans are simply living longer.

As investors scramble to improve their portfolios since the 2008 economic debacle, their investment decisions are impacted by their increased longevity. Not only are 6,000 of us turning 65 every day, but 13 percent are over the age of 65. What’s more, the average life expectancy for men is 78, and 80 for women.

Does the ‘law’ require employers to provide workers with a 401(k) ?

Employers are not legally bound to provide a sponsored 401(k). For workers fortunate enough to have this choice, they’ve come to realize that their plan was never meant to be the single source of income in their retirement years. Indeed, this self-funded retirement program is meant to complement the retiree’s Social Security and personal savings.

Just how much can they put into their plan? For 2015 an investor’s contribution limit is $18,000; that’s up from $17,500 in 2013 and 2014.

What are the ‘risks’ for employees?

Because the 401(k) is a voluntary program offered by employers, business owners have also managed to detach themselves from being accountable when it comes to fund management, or even educating employees about the basics of investing.

Alternatives to the 401(k).

If an employer does not offer this tax-deferred retirement option, the IRS says it’s okay to put money aside in other investment vehicles, including the traditional IRA and the Roth IRA.

IRA:  Workers can turn to the individual retirement account (IRA) for tax-deferred investing; again, like the 401(k), the investments are not taxed until they are withdrawn, but contribution limits are more restrictive than with the 401(k): $5,500 with a $1000 ‘catch up’ if you’re over 50.

Like the 401(k), investors are allowed to take an upfront deduction, thereby reducing the amount of their wages that are subject to taxation.

Roth IRA:  No upfront-deductions are allowed like they are with the 401(k) and IRA, but the distributions are tax-free. Also, although there are certain income restrictions before the plan can be allowed by the IRS, the contribution amounts are the same as the IRA.

Both the IRA and Roth IRA require investors to establish their plans through an investment firm, like a Vanguard or Fidelity, for example, who act as the legal custodian of the funds.

American Society of Pension Professionals and Actuaries: “The system is not perfect.”

“Nothing in the history of this country has promoted more savings by average Americans than the 401(k) plan, with total assets in excess of $4 trillion (plus over $5 trillion in IRAs, much of which is from 401(k) rollovers). Three-quarters of American families became investors first through their workplace retirement plan. It is hard to imagine where we would be without our nation’s private retirement system. The system is not perfect…” Forbes 4/24/2013

Contact us to discuss your estate planning needs, including your options for long-term care, power-of-attorney as well as guidance with veteran’s benefits.

The post The law does not require employers to provide workers with a 401(k), a defined-contribution retirement plan. appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

Our guest blogger this week is Tara Fishler, CEO of Customized Training Solutions.  Tara Fishler founded Customized Training Solutions in 2003. She and COO Leiat Klarfeld, have provided training to thousands of parents, teachers, support staff, administrators, and students in schools and organizations on topics including anti-bullying, anger management, special needs, diversity and mediation…

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Lead generation companies are able to offer leads relatively inexpensively due to their ability to generate volume – something a lone agent is not physically or financially capable of doing, unless that is all they do, at the risk of not having time to make sales. Lead generation companies are able to offer a range of prices, depending on what type of leads an agent is interested in; ranging from shared leads to exclusive leads to aged leads.

“Some lead generation companies sell shared leads, a ‘major’ source of revenue for them because many agents pay for the same leads,” adds Green. “The only entity making money in that equation is the lead generation company, not the agent who bought the shared leads. Buy exclusive to you only leads if you want to make sales.”

When buying leads, use a marketing mindset, not a consumer frame of mind. Marketing is about building a business, and in turn generates more business. A consumer frame of mind focuses on cost only, not on the future of the business.

To build their businesses, agents need to keep an eye on how to build their agency, customer-by-customer. It is about working with solid leads to generate clients who remain loyal customers, not one-off expenses for shared leads that peter out once they have been worked.

“Very few agents today have the enormous amount of time required to generate their own leads,” says Green. “Nor do they have the money and patience to chase unverified, unscreened and unqualified leads that go nowhere. Most prefer to purchase pre-qualified, pre-screened and verified leads from a lead generation company – leads to do convert when worked correctly.”

Buying fresh leads is buying smart leads. So buy leads that have been pre-vetted for the potential to convert from a lead to a paying customer. Watching the bottom line in building an insurance agency involves spending marketing dollars where they count the most.

Clelland Green is with Benepath.net, a leader in providing health insurance leads. Benepath provides agents with exclusive health insurance leads and Medicare leads in just a few mouse clicks. To learn more, visit http://www.benepath.net.

This is the moment when you must come up with the answer to the question, what do we do now?

The good news is that you can offer your Mom or Dad a balance of compassionate care and as much independence as his or her medical condition allows while also holding down home care costs.

The balancing act

Caring at home for a loved one is an act of compassion that comes with different types of costs. If you already are juggling a job and parenting, for example, adding home health care to your duties likely will translate into less time for your children and your job, a cost that you need to gauge carefully and plan for.

• The right home health services ease your burden by sorting out the daily issues that often attend eldercare, such as managing multiple medications, obtaining blood pressure or blood sugar levels, assisting with bathing, and even offering treatments for memory issues. By tending to these daily concerns, a skilled home health service makes it possible for you to juggle all your duties.

• The right home health agency also understands that when a medical decision needs to be made, the patient together with the family caregiver must take part in the decision-making process.

• The balancing act works best when the home health provider supports the healthcare needs of your mom or dad while ensuring that your mom or dad continues to take care of themselves to the extent that their condition allows.

Consider unique needs and comfort levels

Everyone is different. Every family is unique.

Look for a home health service that recognizes the unique nature of your family situation, and offers suggestions that meet everyone’s comfort level.

• For example, you may be the type of family caregiver that is comfortable with a “hands on” level of care, so you simply need some help with the correct way to perform new health-related duties. On the other hand, you may panic at the idea of caregiving and require that your home health providers take on more of the direct health care duties. Or, your comfort level may fall somewhere in-between.

• Your parent, the patient, may prefer your touch to that of a “stranger,” at least at first. On the other hand, your parent may feel embarrassed to be helped by a family member, especially their child, in some types of daily routines.

Experienced home health agencies will work with your family to ensure that everyone is comfortable both with the skilled home health provider and with the level and type of care. They also will respect your budgetary constraints and be able to offer suggestions for your situation and geographical area.

Cost vs. quality of care

If you are weighing home healthcare against a skilled nursing facility, the good news is that in-home services can manage most situations at lower costs and with no loss in the quality of care.

A U.S. News & World Report article cites Dr. Steven Landers, president and CEO of VNA Health Group, as saying that “a person who undergoes surgery and is transitioned to home care for a month can expect a bill for about $1,200—as opposed to a $12,000 bill for a skilled nursing facility, such as a nursing home.”

The same article cites an Institute of Medicine report which documented that “people not only feel home care gives them a better quality of life and dignity, but that it also happens to be less expensive.”

More good news: it turns out that home health care actually reduces hospital readmissions once the patient has been discharged, as compared with skilled nursing and other provider facilities, according to Home Health Care News.

Research shows that most aging patients want to stay at home. With skilled, experienced, and compassionate professional home health care—and the wide range of professional home health services that is now available—increasingly it makes sense financially and in terms of quality of life issues.

The bottom line for Dr. Landers is this: “If we focus on respecting people’s wishes … we can both improve quality and cost.”

The Elder Care Firm stands ready to answer your questions and offer resources and suggestions as your loved ones age. Please contact us to see how we may assist you.

The post The Balancing Act: Home Care Costs to Consider appeared first on Estate Planning Lawyers | Elder Law Attorneys | Brighton | Novi | Livonia Elder Law Attorneys.

“It’s a rare occurrence when a health insurance lead converts from a lead without any contact from an agent,” says Clelland Green, RHU, CEO of benepath.net. “It has happened, but not often. Leads are just that, leads, an indication of someone interested in buying insurance. If there is no follow up by the agent receiving the lead, it dies and so does the potential for a sale,”

Even if an insurance agent has solid gold health insurance leads, they must be worked. The agent receiving the lead is the prime catalyst in persuading a lead to convert and buy a policy. The interesting fact about generated leads is that even great ones become aged after 48 hours and may lose interest without a call from an agent, the key factor in moving them from initial motivation to a sale.

Part of running an insurance agency is also the amount of training each agent undergoes to be able to sell their product to others. Selling insurance is not easy in a highly competitive market. Training assists an agent in overcoming objections, providing reasonable alternatives, recognizing when “no” means “not right now, but maybe later,” and keeping in touch with a prospective client in a manner that educates instead of aggravates.

“It is important to recognize that even the most qualified lead sent to you is not going to turn into a paying client without work,” adds Green. “Proper training shows you how to do that work and excel at it. Before buying leads, take the time to educate yourself about what type of leads you want and how you are going to handle them.”
One thing to consider is the distinction between real-time leads and aged leads. If an agent is not going to work a lead within the 48 hour time frame when it is still considered to be live, consider aged leads instead. Otherwise, real-time leads can be an effective way of pursuing actively interested parties.

“There are a number of things to consider before buying leads, but the number one goal is to aim for leads that can build a solid foundation for your business,” says Green. “If you are not sure what you are doing, start slow, invest in leads carefully and ask a lot of questions. The more time you spend training and investing smart marketing dollars, the better your business becomes.”

Learn more at Benepath.net

Fiat Chrysler’s decision to limit the recall is now hitting the headlines. One of the vehicles that the company declined to recall, a 1999 Jeep Grand Cherokee, was involved in a rear-end collision in which the fuel tank caught fire, killing a four-year-old boy who was strapped into a booster seat in the back seat. The family has filed a lawsuit in their home state of Georgia, and the judge in the case has just ordered the CEO of Fiat Chrysler submit to a deposition.

In the Jeep Liberty and Grand Cherokee models that Fiat Chrysler was asked to recall, the fuel tank is found between the rear axle and the bumper. This poses a problem because it can be punctured in a rear-end collision. According to the NHTSA, at least 51 people have died because a rear end collision in these vehicles caused a tank fire.

Fiat Chrysler still has not issued a wider mandatory recall, nor has it admitted that the fuel tanks may pose an unreasonable danger to car occupants. In commenting on the Georgia lawsuit, a company representative shifted the blame for the fire that caused the toddler’s death onto the driver of the pickup truck that rear-ended the Jeep, which was stopped at an intersection.

The lawsuit over the toddler’s death was filed in the Superior Court of Decatur County, Georgia. News of the ruling compelling the CEO of Chrysler Fiat to participate in a deposition was first reported in the Wall Street Journal and Bloomberg News.

By Richard LaGarde

Federal officials recently accused Halek Energy, LLC with swindling 300 investors out of nearly $22 million in a Texas oil and gas project.  The company’s CEO, Jason Halek, settled with the Securities and Exchange Commission by agreeing to a $50,000 fine and to repay “ill-gotten gains.”  A Fifth Circuit Court of Appeals ruling recently affirmed that Halek and two of his companies, CBO Energy, Inc. and Halek Energy, should disgorge $21,452,137 in “ill-gotten profits”.

Just this month, the SEC filed charges against Chimera Energy Corp. alleging that Chimera was falsely claiming to have contracts with Pemex, the state-owned Mexican oil company.  In addition, the SEC alleges that Chimera made false claims that it had developed a revolutionary and environmentally friendly technology that would replace the controversial hydraulic fracturing method of extracting oil.  The federal Complaint charges that Chimera was involved in a classic “pump-and-dump” scheme to inflate its stock price and to cheat investors out of their money.

Attorney Richard LaGarde believes that investors can protect themselves by being skeptical.

“Many of my clients have been victims of fraud in the oil patch.  Here are some red flags I’ve seen in the past:  Fraudsters often form a limited partnership in State 1, acquire leases or drill wells in State 2, and use unsolicited high-pressure phone calls or e-mails to make offers to investors in State 3.  By doing so, they minimize the chances that an investor might drop by to inspect a well site or the company’s headquarters.  Additionally, hucksters tend to make ‘too good to be true’ promises.   Hang up if someone calls you from a ‘boiler room’ and promises that an investment in their well will be a ‘sure thing’ because the driller has never drilled a dry hole in the area, or a big oil company is about to drill a well next door.  Beware of claims that you need to act quickly because there are a limited number of working interests left in the well.  If it sounds too good to be true, it’s very likely fraudulent.”

By Richard LaGarde

The senior care industry is booming. To be successful in this niche, it is crucial to choose a reliable lead generation company. Some offer older leads which are neither useful nor lucrative. choosi Others send leads that have already been worked, but still call them exclusive. “In a way, they are “exclusive:” your lead generation company is excluding you from profit in the scheme,” Green reported. “There are no benefits in working an exhausted lead or spending good money on it.”

So, how does an agent find a good partner? Choose a lead generation company with a good reputation who promises to stand behind its product. Its system should screens leads, pre-qualify them and provide them to you with complete information.

“Pay attention to the amount of help they offer you. Do they help you sell and market? If so, the company may make an excellent partner. If a company is willing to commit extra time to assisting you, you can can help each other succeed,” added Green.

Clelland Green is with Benepath.net, a leader in providing Medicare leads. Benepath provides agents with exclusive leads in just a few mouse clicks. To click here to visit http://www.benepath.net.

State regulators are nearing a decision on a proposed $2.25 billion penalty for the company. Chairman and Chief Executive Officer Anthony Earley said in an interview in August that a fine of that size could bankrupt the utility. San Bruno officials say PG&E’s own expert witness refuted that idea.

Earley, who became CEO in 2011, canceled a meeting planned with city officials for April 30, 2013, as his office expressed “a level of dissatisfaction” with statements the city made to the press, according to City Manager Connie Jackson.

Jackson said that the time for settlement talks is running out, as the administrative law judges in charge of the penalty process are nearing a conclusion.

San Bruno has already received a $50 million trust and $70 million in restitution for the blast, according to PG&E spokeswoman Brittany Chord.

To complicate matters, corrosion was recently discovered on a pipeline beneath San Carlos, some 15 miles from San Bruno. Jackson said the discovery shows that PG&E has not learned the lessons of the fatal 2010 blast.

Chord said the San Carlos line is operating within safety parameters established following the San Bruno incident.

In a recent interview, San Bruno Mayor Jim Ruane said that PG&E has to pay. “And it has to hurt,” he added.

We Focus our Practice Exclusively on Wrongful Death and Critical Injury Cases – Contact a personal injury lawyer at The Lietz Law Firm by calling 866-554-1238 or learn more by visiting http://www.lietzlaw.com/.

Needleman’s arrest was the culmination of a year long investigation by the Florida Department of Law Enforcement (FDLE) into his dealings with BlueWare, Inc. Needleman at one time served as the Brevard Count clerk of courts and allegedly signed a multimillion dollar contract with BlueWare to divert part of the contract funds into his 2012 re-election campaign.

According to evidence on file, the police investigation allegedly revealed that funds were diverted back to Needleman’s campaign through a third party, a campaign lobbyist, who was also charged. The re-election campaign was not successful, and Needleman was arrested the same day the CEO of BlueWare was apprehended.

BlueWare had recently moved to Florida from Michigan County after being enticed with a potential $1.21 million in incentives to bring the information technology company to Florida. The incentives were to have been awarded by the state’s Qualified Target Industry Tax Refund (QTITR) and Quick Action Closing Fund (QACF) programs. There is some question as to whether or not the company received any incentive money.

BlueWare was to supposedly create at least 190 jobs over a period of four years, as they were getting setup and started to hire local employees. It looked like a good move that may have boosted the local economy.

Needleman served in the House from 2000 to 2008, immersing himself deeply into criminal-justice issues and committees, even becoming the head of the Juvenile Justice Committee. The former Marine was well-respected among his colleagues, who were shocked at the revelations that he may not have been as honest as people thought he was.

On the surface, this case looks gloomy for Needleman and it sounds like the police may have an open-and-shut case. But do they really? The issue will be how the money was diverted from the contract through the third party lobbyist and whether or not Needleman even knew what was going on. Just because he signed the agreement with BlueWare does not mean he devised the plan to funnel funds into his bid for re-election or was even aware of any such deal.

When it comes to criminal cases like this, appearances at first glance may not agree with what the actual facts turn out to be on closer examination. Needleman is entitled to a good defense and to be considered innocent until proven guilty. Dealing with an experienced criminal defense lawyer is the best move he could make.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The people who were surveyed were “Baby Boomers,” a demographic defined by the post–World War II “baby boom,” born between 1946 and 1964. They consistently estimated long-term care costs to be just under $79,000. But Nationwide Financial Services projects costs for nursing-home care will reach $265,000 per year by 2030.

Costs for nursing home care have consistently increased at least 4 percent every year since 1974, according to John Carter, the president and CEO of Nationwide Financial. He believes that current nursing home costs cannot “even come close” to what that care will cost by the time the youngest Boomers reach retirement age. And those Boomers, like so many before them, are not prepared.

Though most survey respondents reported that they have some sort of plan in place for retirement, a shocking 57 percent admitted that they did not have any plans in place for long-term care.

Odds are not in their favor. At least 44 percent of people who reach 65 find themselves in a nursing home at least once in their lives. How that care will be financed can and does make a significant difference in the quality of care, and personal savings and retirements funds are often drained to cover those costs. But with long-term care planning, that does not have to be the case.

Christopher J. Berry is an elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.theeldercarefirm.com/ or call 248.481.4000

Usage-based insurance policies are already expanding at Allstate and many other insurers. In exchange for allowing the insurance company to install a monitoring device on their vehicles, policyholders receive discounts for safe driving. Allstate’s monitoring device is called Drivewise and was introduced in 2010.

Tom Wilson, Allstate’s CEO, said the expansion of the Drivewise program would allow parents to know where their kids are if they are driving and would also include ways of teaching teenagers better driving skills by giving them a driving score based on certain algorithms. Data collected by the Drivewise device will show up on a user website where parents can look at a “report card” that measures safe driving.

State Farm, another auto insurer, offers online products to promote safe driving, including Road Trips, which gives three-minute tutorials on driving skills, and Road Aware, an online tool that helps teens learn to anticipate road hazards. For U.S. teenagers, traffic collisions are the leading cause of death. After declining steadily for years, deaths of teen drivers increased in the first six months of 2012.

Usage-based policies like Allstate’s Drivewise are becoming more common as technology advances to allow for the collection of more driving data. The technology in question is known as telematics, which refers to a combination of telecommunications and informatics. The devices record data when the car is in use and can allow insurance companies to charge customers only for the time when the policy is in use and to offer discounts on premiums as a reward for safe driving habits. The idea is popular among many consumers, as it can result in lower premiums and has an inherent fairness. Auto insurance agents also welcome the idea as a way to attract consumers in a competitive market.

Insurers’ monitoring devices are a consumer choice, but almost all new cars are also equipped with electronic data recorders, or “black boxes,” that keep track of information like speed, braking, seat belt use and steering. In the event of a crash, the recorders, which are similar to black boxes in airplanes, store data from a few seconds before and after the air bag is deployed, to assist in determining the cause of the accident.. The use of data recorders in automobiles has raised issues of privacy and data ownership that have yet to be resolved.

Bob Briskman is a Chicago vehicle accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

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Medicaid expansion will hopefully lower the cost of health premiums and decrease the number of ER visits.

Gov, Rick Snyder believes that the proposed Medicaid expansion will a have a greater impact that just low-income residents.

(Related: Pending Benefits Legislation, Part 1)

“We’re talking about helping Michiganders. We’re talking about people with a real need,” he said. “We’re also talking about ourselves. What’s the problem? Today we have a broken system.”

Snyder engaged an audience of mostly doctors and nurses Livonia, urging them to contact their senators and support Medicaid expansion. It was one of the many stops Snyder made at health care facilities in the last week to garner support for the bill, which was stopped in the Senate.

(Related: Pending Benefits Legislation, Part 2)

“This is something that I thought was critical enough to get out on the road and engage the general public,” he said. “Too often, we can let a few people dominate a discussion. The issue we have in front of us is we have a problem with politics.”

Part of the Affordable Care Act, the expansion allows states to expand Medicaid to 133 percent of poverty starting in 2014. It would make available full federal financing for those eligible for Medicaid starting in 2014 through 2016, and would go down in financing until 2020, where 90 percent of financing will continue from the federal government.

(Related: Caregiver Burnout)

The expansion was approved by the House last month, 76-31, with both Democrats and Republicans voting “yes.” However, the Senate did not take up the bill before the summer recess, which Snyder criticized.

A work group of six senators will meet sometime this summer to discuss the legislation. In a release, Richardville said he does not consider the issue dead and plans to review it.

“A comprehensive plan for a healthy Michigan is critical to the well-being of our population and our state,” he said. “I look forward to reviewing their suggestions and sharing that information with my fellow legislators, the Governor and the Speaker (Jase Bolger, R-Marshall).”

Snyder believes approving the expansion in Michigan is imperative to help save money for hospitals, doctors and patients.

He said a number of people who cannot afford health care will go to a hospital emergency room, which isn’t the proper place for people with the common cold or other treatable ailments.

“Does anyone know anyone that likes going to the emergency room? The answer is no,” he said. “We like the people that are working there because they’re angels, they’re taking care of us.

“It’s a really important place, but it’s not a place for primary care.”

Snyder has toured several hospitals in the state, including Beaumont Hospital in Royal Oak. An online forum on the issue was scheduled to be broadcast Monday evening at Schoolcraft College.

David Spivey, CEO of St. Mary Mercy Hospital, said the hospital, as well as the St. Joseph Mercy Health System and Trinity Health all support the expansion.

“Medicaid expansion is really about three things in the state: to expand access to over 500,000 Michigan residents, the slow increase in health care premiums for employers, as well as to really steward our state resources and our tax dollars,” he said.

Read more: http://www.hometownlife.com/article/20130701/NEWS10/307010032/Snyder-Medicaid-expansion-bill-will-benefit-all-state

Christopher J. Berry is an elder law attorney Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

These changes are part of a concerted effort to offer improved protection to those who are receiving long-term care.

The National Plan to Address Alzheimer’s Disease has been updated by the Department of Health and Human Service, including its perspective on the vulnerability of older Americans who live in care facilities.

Because of the vulnerability of people with Alzheimer’s disease who live in care facilities, HHS stated, the department will increase its attention to this population via available studies. Included, will be an “in-depth analysis” that has implications for those providing care in assisted living communities.

(Related: Livonia Estate Planning Includes Creating Your Legacy)

…”This will include an in-depth analysis of the National Survey of Residential Care Facilities to better understand the level of cognitive impairment among residents and the types of services provided in assisted living facilities,” HHS writes. “The results of these studies will be used to identify areas that the National Plan should address in future years.”

State Adult Protective Services field reports of elder financial abuse, however, not all of these programs cover residents of long-term care communities. State funding enables states to survey Medicare and Medicaid-certified nursing facilities, while state licensing agencies may investigate other types of care communities, like assisted living.

(Related: Elder Care Chat | Six Ways to Pay for Long-term Care Costs)

These changes are part of a concerted effort to offer improved protection to those who are receiving long-term care.

“Congress must see to it that the necessary resources are committed to accelerate and prioritize the government’s efforts on Alzheimer’s,” said Harry Johns, President and CEO of the Alzheimer’s Association and member of the Advisory Council to the Plan. “Without these new resources, efforts in Alzheimer’s research, care and support will continue to be hampered to the determent of millions of families and the economic well-being of the nation.”

(Related: 7 Risk Factors for Alzheimer’s, Dementia, and Cognitive Decline)

Assisted living was not included as a care setting in the early forms of the plan, which prompted the Assisted Living Federation of America to introduce the plan via campaign.

Read more: http://seniorhousingnews.com/2013/06/17/hhs-updates-national-alzheimers-plan-stresses-caregiver-training/

Christopher J. Berry is an elder law lawyer in Michigan Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

Charles and Robert Warren, along with a Johnson County couple, filed the lawsuit against Chesapeake Energy after they claim they saw significant reductions in their royalty payments.

Chesapeake had informed royalty owners in August 2011 that it would begin subtracting “post-production costs” from the sales prices for natural gas that it used to determine royalty payments. The company said then that if a royalty owner’s lease prohibited such charges – for expenses such as compressing and treating gas to ready it for sale – then the costs would not be deducted. However, the Warrens allege they saw such deductions even though their lease does contain a provision prohibiting charges for post-production costs.

Post-production costs can amount sometimes to between 80 cents and $1 per 1,000 cubic feet (mcf), which is significant when gas prices are around $2 per mcf, as they were last year. The Warrens claim that by March 2012 they were being paid as low as 42.4 cents per mcf for natural gas from the eight wells operated by Chesapeake. According to Charles Warren, the difference in payments ran to six figures.

The Warrens’ lawsuit joins several others against the company over reduced royalty payments, including a suit filed by Tarrant County landowners. The Warrens’ suit is now before Judge Barbara Lynn in U.S. District Court in Dallas. The fact that class action status is being sought is unusual for a Texas gas royalty lawsuit.

Chesapeake’s action in reducing royalty payments came at a time of extremely low natural gas prices. Prices began falling in 2008 and reached $1.90 per mcf in April 2012, a 10-year-low.

Some landowners have achieved results without legal action. A neighborhood association in Arlington, Texas questioned Chesapeake’s reduced royalty payments to residents, pointing out that their lease had a strong clause prohibiting the deduction of post-production costs. In that case, Chesapeake adjusted the royalty checks and residents have seen their payments more than doubled. Debbie Moore, the president of the neighborhood association, said that the group had insisted on the clause during the 2008 leasing process, upon the advice of another neighborhood group.

Chesapeake Energy is the second-largest natural gas producer in the Barnett Shale. The company has experienced cash flow and debt problems in recent years and has sold approximately $2 billion in assets. Chesapeake also recently dismissed its former CEO and Chairman Aubrey McClendon.

Gregory D. Jordan is an Oil and Gas lawyer in Austin. To learn more, visit http://www.theaustintriallawyer.com or call 512-419-0684.

This week, the OIG released the results of a study just completed on the billing practices ofskilled nursing facilities to Medicare. The study located a stunning amount of “inaccurate,medically unnecessary, and fraudulent claims.” The main focus of the study was to focus onbilling practices for therapy provided skilled nursing facilities. The study located over a billiondollars in inappropriate billing in 2009 alone. The recommendations of the study included:
Increase and expand reviews of SNF claims,
Use its Fraud Prevention System to identify SNFs that are billing for higher paying RUGs,
Monitor compliance with new therapy assessments,
Change the current method for determining how much therapy is needed to ensure appropriatepayments,
Improve the accuracy of MDS items, and
Follow up on the SNFs that billed in error.
Skilled nursing facilities are certain to come under more scrutiny regarding billing practices forMedicare services. Make certain your organization has procedures in place to prevent codingerrors as well as other prohibitied billing practices including employing individuals listed on theOIG exclusion list.

Know How to Have the Right Family and Job Balance to Have Fulfilling Family Life

We are all living in a fast paced work environment and this makes it very difficult for us tobalance the family and job in the way it has to be done for getting greater degree of harmony andfulfillment. But this is not easy and not everyone in a high demanding career is able to giveenough time to their families. Usually it is the family life that suffers in case of a high payingcareer that takes away the time you have to allot for the family.  In the present days the mobilephones and the tablet computers, and the laptops are stealing the time you are spending with yourfamily and are effectively bringing down the quality of time you spend with your spouse and yourkids.
This is not a healthy situation for the present day executives who have to be very efficient andhave to fulfill their awfully demanding job requirements. This makes them unable to devote asmuch time they want to their families straining the relationships, and bringing down the qualityof their family life. But this must be avoided at all costs and maintaining good balance of thefamily and job is necessary for a perfectly happy life.  You must not forget the fact that all yourearnings and the hard work you put in your office is for giving a better life to your family and assuch it is the family that must have the priority over your work pressures.
There are many ways of making a good balance of family and job and this must be done rightfrom the day of entering your first job so that it becomes a way of life. Once you forget to do thisit may be very difficult to achieve this later in life. To avoid personal unhappiness and a hollowpersonal life create a clear demarcation of your family and business life. There are many socialand cultural factors that come in the way of creating that balanced family and business life. Yetyou must strive hard to create one and stay with it so that you are able to become a good spouseand father in your home as you become a good worker in your business place.
A perfect balance in family and job can be achieved by adhering to certain basic principles thatgives a better understanding of your priorities and that of each one of your family. This gives theright ways of getting them arranged in the order of importance so that you can easily find theways to achieve them. You can make way for the resources required in terms of your time andpersonal attention so that everyone in your family gets what they value most in a natural way.Plan ahead and make it a habit to have time to be together with all of the family each day. Shareyour thoughts for the day and this will really boost the way to enhance the feeling of togethernessin the family.
Taking part in your kid’s activities and devoting a part of your time towards this will give a betteropportunity to understand your kids well. Planning ahead and setting apart time for this is sure tomake your time at your office more efficient as you try to leave your office in time to be withyour kids you will be able to find the right balance for your family and job. Leave work at yourwork and be free at least for some time without your ringing mobile phone or that laptop waitingfor your attention when you are spending your time with your family. Thus do not sacrifice yourfamily life for your business life and always try to have that perfect family and job balance tohave a fulfilling life.

Have you every been a resident in your own building?

By Ken Tack

Here I am in my 40th year of long-term care. That is an eternity when you spend it in a field thathas had so many changes. Earlier this year, I was looking forward to a comfortable time, havingrecently stepped down from the CEO position of a regional group of homes that I had helped tofound many years ago. The next generation was doing a good job of running the company, and Iwas hidden away in one of the campuses as an executive director. I was back doing what I loved:running a nursing home, and interacting with the elders.
On April 15, my world changed. I was involved in a motorcycle collision. I was flown to aregional hospital. After surgery and some observation, I volunteered to transfer to one of ourcompany’s nursing homes, where I was for a month. I had never dreamed of being a resident in anursing home, at least at this age, but here I was. With little to do but observe, I had the greatest educational experience of my career. I saw withmy eyes, heard with my ears, and felt with my heart the low level of compassion the care staffwas experiencing. All the hopes and dreams of making life better that filled them when they firststarted had been slowly sucked from them. They were running on empty and I was very much apart of the problem.
Before I proceed further, let me publicly profess that I am deeply grieved by the callous manner Ihave treated the caregivers in our organization. Although I have never knowingly hurt any staffmember, I have been neglectful of many as an individual and as a person. All my training and thevolumes of regulations have helped to create this inappropriate conduct. With one eye on thebottom line and the other on the regulating bodies, I never saw what was occurring in front of mynose.
Our people, the backbone of each organization, our caregivers, are hurting. The stress of holdingto tightly tailored PPD numbers, conflicts with co-workers, family members, and the occasionalspouse, coupled with a career that forces you to have relationships that end in death, can suck theair from anyone’s compassion balloon. When you mix in the stress of being a parent, spouse,family financier, chauffeur, and referee, you can end up with a person who is bankrupt ofcompassion.
The thing that is most disturbing to me is how we have accepted this in the profession as “Justthe way things are.” We say that this attitude on everyone’s part is simply a part of our business —it’s nothing personal. But I believe it does not have to be this way. When we open our eyes to thispractice of devouring our own limited resources we begin to see it. What happens when acaregiver begins to lose their compassion and then their performance slips? Our traditionalresponse is to have a discussion with them about their performance, reminding them howimportant they are to our elder’s lives.  When that doesn’t correct the problem, and it rarely does,we give them a second, sterner warning (a written warning in many cases). Finally, exasperatedwith their poor showing, we are forced to terminate them only to begin the process over and hopewe achieve a better result.
We see this every day when we see employees hiding in a room, having attendance problems,leaving an elder in a mess, talking over the elders’ head, and taking too frequent breaks. We labelthem a bad employee and place them on the “do not rehire” list when they resign, or we terminatethem. Did we ever see this caregiver, once filled with hopes and dreams of what they might dofor these aging individuals, as a person in need of a compassion refilling?  For the first time I wasable to see employees in this new light.
When we have epiphanies like these we may ask, ‘What can we do about it?’ The answer is wecan begin by caring and letting employees know that we do that we care about them. We canspend as much time preventing the problem of compassion bankruptcy, as we do in fixing theresults. We still try to find good applicants, interview them, process them, train them and directthem. But we also can look them in the eye everyday and see the person that is there. We can askthem how things are doing and actually take the time to hear what they have to say. When theyhave a problem, whether it is work-related or not, we can make an effort to give them the supportand caring we ask that they give our elders.
Here are some suggestions of various ways we have attempted to support and care about ourmost precious asset:
Nourishment station in the staff lounge. We offer various fruits, crackers, bagels, ice cream,Popsicles, etc.Wider variety of scheduling options to permit an improved mesh of personal life with workA monthly dish day where we provide the main course and the caregivers bring their favorite sidedish or desert. (The kitchen staff does not prepare the main course: remember they are a part ofthe caregiver team.)Surprise gifts, including door prizes and other giveaways at in-house in-servicesAdministration and department supervisors are encouraged to take an employee out to eat, alongwith a caregiver’s family member. We cover the meals and the time it takes them for a leisurelyvisit.We send birthday cards to the caregiver’s house.Training supervisors to look for signs of compassion fatigue and then supporting them as theyassist their staff.The most important thing we have tried to do is let each care partner know that we truly careabout him or her. We are attempting to celebrate their joys and support employees in theirsorrows, praise them for what we had just taken for granted, and understand when they arestruggling.  It’s not our goal to be their closest friend, but we can be a support and inflate theirballoon of compassion when it starts to shrink.
Forty years of doing something wrong can make change a little difficult, but this is now theearliest I can begin to make the change. I have begun making rounds with an entirely differentobjective.
As one who contributed far more than my share to the draining of this compassion, I have done a180-degree turn. If I am to ever be remembered by the long-term care industry, I pray that it willbe for helping to put compassion back in our caregivers, not the financially successful company Ihave helped to build.