Student Appeals Suspension for Refusing to Wear RFID Tracker











A Texas high school student on Friday asked a federal appeals court to overturn a lower court’s order upholding her school suspension for refusing to wear around her neck an RFID-chip student ID she claims is the “Mark of the Beast.”


The Northside Independent School District in San Antonio began issuing the RFID-laden student-body cards when the semester began in the fall. The ID badge has a bar code associated with a student’s Social Security number. The chip monitors pupils’ movements on campus, from when they arrive until when they leave.


Sophomore Andrea Hernandez was notified in November by the Northside Independent School District in San Antonio that she would not be able to continue attending John Jay High unless she wears the badge around her neck like all students. The district said the girl, who objects largely on religious grounds, would have to attend another high school that does not employ the RFID tags.


The devout Christian sued, and on Tuesday a Texas federal judge concluded the 15-year-old’s right of religion was not breached. That’s because the district, the court ruled, eventually agreed to accommodate the girl and allow her to remove the RFID chip while still demanding that she wear the identification like the other students.


U.S. District Judge Orlando Garcia’s ruling gave the girl and her family until Jan. 18 to decide whether to go to a different school or comport. She appealed Friday, arguing that adorning herself with the ID card, even one without an RFID chip, amounted to discriminating against her “sincerely held beliefs.”


“To Andrea, this ‘accommodation’ is similar to allowing a religious adherent who must eat a pork-free diet to have his pork-free diet, but to require him to wear a shirt advocating pork,” the girl’s attorney, Jerry Lynn Ward of the Rutherford Institute, wrote the New Orleans-based appeals court. (.pdf) The lower court’s decision, Ward added, “unquestionably constitutes a substantial burden upon her free exercise of religion.”




David Kravets is a senior staff writer for Wired.com and founder of the fake news site TheYellowDailyNews.com. He's a dad of two boys and has been a reporter since the manual typewriter days.

Read more by David Kravets

Follow @dmkravets and @ThreatLevel on Twitter.



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Evan Rachel Wood expecting first child with actor Jamie Bell






LOS ANGELES (Reuters) – Actress Evan Rachel Wood said on Friday that she and her husband, British actor Jamie Bell, are expecting their first child.


“Thanks for all your warm wishes,” Wood, 25, wrote on her Twitter account. “We are very happy. I’m gonna be a mama!”






Moments earlier, Wood posted a picture of the pregnancy book “What to Expect When You’re Expecting” on the social media site.


It will be the first child for both Wood and Bell, who wed in October.


Wood rose to Hollywood stardom for her roles in 2008′s “The Wrestler” and the 2003 coming-of-age drama “Thirteen.” She was nominated for an Emmy award for the 2011 television mini-series “Mildred Pierce.”


Bell, 26, found fame as the teen star of “Billy Elliot,” about a ballet dancer growing up in a tough coal mining town in northern England. He won a British BAFTA award for the role and has since appeared in adventure movies such as “The Eagle.”


(Reporting by Eric Kelsey; editing by Philip Barbara)


Celebrity News Headlines – Yahoo! News





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Makers of Violent Video Games Marshal Support to Fend Off Regulation





WASHINGTON — With the Newtown, Conn., massacre spurring concern over violent video games, makers of popular games like Call of Duty and Mortal Kombat are rallying Congressional support to try to fend off their biggest regulatory threat in two decades.







Alex Wong/Getty Images

Vice President Joseph R. Biden Jr. meeting Friday with video game industry executives, a response to last month's massacre.







The $60 billion industry is facing intense political pressure from an unlikely alliance of critics who say that violent imagery in video games has contributed to a culture of violence. Vice President Joseph R. Biden Jr. met with industry executives on Friday to discuss the concerns, highlighting the issue’s prominence.


No clear link has emerged between the Connecticut rampage and the gunman Adam Lanza’s interest in video games. Even so, the industry’s detractors want to see a federal study on the impact of violent gaming, as well as cigarette-style warning labels and other measures to curb the games’ graphic imagery.


“Connecticut has changed things,” Representative Frank R. Wolf, a Virginia Republican and a frequent critic of what he terms the shocking violence of games, said in an interview. “I don’t know what we’re going to do, but we’re going to do something.”


Gun laws have been the Obama administration’s central focus in considering responses to the shootings. But a violent media culture is being scrutinized, too, alongside mental health laws and policies.


“The stool has three legs, and this is one of them,” Mr. Wolf said of violent video games.


Studies on the impact of gaming violence offer conflicting evidence. But science aside, public rhetoric has clearly shifted since the shootings, with politicians and even the National Rifle Association — normally a fan of shooting games — quick to blame video games and Hollywood movies for inuring children to violence.


“I don’t let games like Call of Duty in my house,” Gov. Chris Christie of New Jersey said this week on MSNBC. “You cannot tell me that a kid sitting in a basement for hours playing Call of Duty and killing people over and over and over again does not desensitize that child to the real-life effects of violence.”


Residents in Southington, Conn., 30 miles northeast of Newtown, went so far as to organize a rally to destroy violent games. (The event was canceled this week.) Mr. Biden, meeting with some of the industry’s biggest manufacturers and retailers, withheld judgment on whether graphic games fuel violence. But he added quickly, “You all know the judgment other people have made.”


Industry executives are steeling for a political battle, and they have strong support from Congress as well as from the courts.


Industry representatives have already spoken with more than a dozen lawmakers’ offices since the shootings, urging them to resist threatened regulations. They say video games are a harmless, legally protected diversion already well regulated by the industry itself through ratings that restricting some games to “mature” audiences.


With game makers on the defensive, they have begun pulling together scientific research, legal opinions and marketing studies to make their case to federal officials.


“This has been litigated all the way to the Supreme Court,” Michael Gallagher, chief executive of the industry’s main lobbying arm, said in an interview, referring to a 2011 ruling that rejected a California ban on selling violent games to minors on First Amendment grounds.


Twenty years ago, with graphic video games still a nascent technology, manufacturers faced similar threats of a crackdown over violent games. Even Captain Kangaroo — Bob Keeshan — lobbied for stricter oversight. The industry, heading off government action, responded at that time by creating the ratings labels, similar to movie ratings, that are ubiquitous on store shelves today.


This time, with a more formidable presence in Washington, the industry is not so willing to discuss voluntary concessions.


Game makers have spent more than $20 million since 2008 on federal lobbying, and millions more on campaign donations.


Mr. Gallagher’s group, the Entertainment Software Association, has five outside lobbying firms to push its interests in Washington. And the industry has enjoyed not only a hands-off approach from Congress, which has rejected past efforts to toughen regulations, but also tax breaks that have spurred sharp growth.


Game makers even have their own bipartisan Congressional caucus, with 39 lawmakers joining to keep the industry competitive.


Michael D. Shear contributed reporting.



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Court Says Pfizer Can Be Sued by Man Who Took Generic


The Alabama Supreme Court ruled on Friday that a patient could sue a brand-name company for failing to warn about a drug’s risks even though he had taken a generic version of the product that the company did not make.


Although the decision applies only to Alabama, it is likely to be closely read by lawyers with similar cases pending around the country whose clients have been barred from suing generic companies because of a recent United States Supreme Court ruling.


“It has national implications,” said Bill Curtis, a Dallas lawyer who has filed hundreds of similar cases in several states. “I suspect that now, like most folks, if a client comes into my office, I’d be suing both the generic they took and the brand who’s responsible for the label.”


In the Alabama case, the plaintiff, Danny Weeks, claimed that he had developed a movement disorder known as tardive dyskinesia after taking generic versions of Reglan to treat his acid reflux. Mr. Weeks sued Actavis and Teva, the generic companies that made the drugs he took, as well as Wyeth, which developed the drug, for failing to adequately warn about Reglan’s risks.


In 2009, the Food and Drug Administration required all manufacturers of metoclopramide, the generic name for Reglan, to place stronger warnings on their labels detailing a link between long-term use of the drug and tardive dyskinesia. Hundreds of lawsuits have been filed by patients who claim that Wyeth failed to properly warn about Reglan’s risks.


The chances of those claims against the generic companies succeeding are unclear after a 2011 Supreme Court decision, Pliva v. Mensing, which ruled that generic drug companies had no control over what their labels said and so could not be sued for failing to alert patients about the risks of taking their drugs. With few exceptions, generic manufacturers are required to use the same labels as the brand names.


The suit was filed in a federal court in Alabama because Mr. Weeks lives in Alabama and the drug companies are based elsewhere. The federal court asked the Alabama Supreme Court whether a branded company could be sued in such a case.


In its decision on Friday, the Alabama Supreme Court ruled that “an omission or defect in the labeling for the brand-name drug would necessarily be repeated in the generic labeling, foreseeably causing harm to a patient who ingested the generic product.”


Kevin Newsom, a lawyer for Pfizer, which acquired Wyeth in 2009, described the decision as an outlier. He said more than 70 court decisions, including four from federal appeals courts, had taken the opposite view. Representatives for brand-name companies have argued that they cannot be held liable for injuries caused by products they did not manufacture. “It comes as something of a surprise because it is contrary to the overwhelming weight of authority on this issue nationwide,” he said. He said two other decisions have held similar views as the Alabama court.


The court ruled that Mr. Weeks could go ahead with his lawsuit based on what Mr. Newsom described as a “unique wrinkle” in Alabama state law: that third parties like Wyeth can be held liable for a person’s injury if that third party provided false or misleading information that led to the injury. Mr. Weeks is arguing that Wyeth misinformed his doctor, not Mr. Weeks himself.


Sheldon Gilbert, a lawyer with the National Chamber Litigation Center, which advocates for the Chamber of Commerce and filed a brief in the case, said plaintiffs’ lawyers were likely to see the Alabama decision as a lucrative opening. “What we’ve seen again and again and again is that the trial lawyers get a decision that they think is good and they all flock to that jurisdiction,” he said.


Chris Hood, a lawyer for Mr. Weeks, said, “When someone’s hurt by a generic tablet and that injury can be laid at the feet of misinformation about the drug, then there’s only one party who can be held responsible,” he said, “the branded company.”


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Irvine City Council overhauls oversight, spending on Great Park









Capping a raucous eight-hour-plus meeting, the Irvine City Council early Wednesday voted to overhaul the oversight and spending on the beleaguered Orange County Great Park while authorizing an audit of the more than $220 million that so far has been spent on the ambitious project.


A newly elected City Council majority voted 3 to 2 to terminate contracts with two firms that had been paid a combined $1.1 million a year for consulting, lobbying, marketing and public relations. One of those firms — Forde & Mollrich public relations — has been paid $12.4 million since county voters approved the Great Park plan in 2002.


"We need to stop talking about building a Great Park and actually start building a Great Park," council member Jeff Lalloway said.





The council, by the same split vote, also changed the composition of the Great Park's board of directors, shedding four non-elected members and handing control to Irvine's five council members.


The actions mark a significant turning point in the decade-long effort to turn the former El Toro Marine base into a 1,447-acre municipal park with man-made canyons, rivers, forests and gardens that planners hoped would rival New York's Central Park.


The city hoped to finish and maintain the park for years to come with $1.4 billion in state redevelopment funds. But that money vanished last year as part of the cutbacks to deal with California's massive budget deficit.


"We've gone through $220 million, but where has it gone?" council member Christina Shea said of the project's initial funding from developers in exchange for the right to build around the site. "The fact of the matter is the money is almost gone. It can't be business as usual."


The council majority said the changes will bring accountability and efficiencies to a project that critics say has been larded with wasteful spending and no-bid contracts. For all that has been spent, only about 200 acres of the park has been developed and half of that is leased to farmers.


But council members Larry Agran and Beth Krom, who have steered the course of the project since its inception, voted against reconfiguring the Great Park's board of directors and canceling the contracts with the two firms.


Krom has called the move a "witch hunt" against her and Agran. Feuding between liberal and conservative factions on the council has long shaped Irvine politics.


"This is a power play," she said. "There's a new sheriff in town."


The council meeting stretched long into the night, with the final vote coming Wednesday at 1:34 a.m. Tensions were high in the packed chambers with cheering, clapping and heckling coming from the crowd.


At one point council member Lalloway lamented that he "couldn't hear himself think."


During public comments, newly elected Orange County Supervisor Todd Spitzer chastised the council for "fighting like schoolchildren." Earlier this week he said that if the Irvine's new council majority can't make progress on the Great Park, he would seek a ballot initiative to have the county take over.


And Spitzer angrily told Agran that his stewardship of the project had been a failure.


"You know what?" he said. "It's their vision now. You're in the minority."


mike.anton@latimes.com


rhea.mahbubani@latimes.com





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Top U.S. General Says Stopping a Syrian Chemical Attack Is 'Almost Unachievable'



If Syrian dictator Bashar Assad decides to use his chemical weapons, there won’t be a thing the U.S. military can do to stop him, America’s top military officer conceded on Thursday. Nor will the U.S. step into a “hostile” atmosphere, with or without Assad, to keep those chemicals under control.


It’s been a month since U.S. intelligence learned that Assad’s forces were mixing some of their precursor chemicals for sarin gas, as Danger Room first reported. The Syrian military even loaded aerial bombs with the deadly agent. Assad hasn’t used the weapons — yet. Should he change his mind, there’s little chance the U.S. would know it before it’s too late to stop the first chemical attack in the Mideast in over 20 years.


“The act of preventing the use of chemical weapons would be almost unachievable,” Gen. Martin Dempsey, the chairman of the Joint Chiefs of Staff, told reporters at the Pentagon. “You would have to have such clarity of intelligence, persistent surveillance, you’d have to actually see it before it happened. And that’s unlikely, to be sure.”


That explains the emphasis the Obama administration has given, from President Obama and Defense Secretary Leon Panetta on down, to publicly warning Assad that using his chemical weapons would cross a “red line.” Dempsey said that “messaging” seeks to establish a deterrent, since Assad might think it would prompt outright U.S. or international intervention leading to his downfall. But that’s different from preemption.


American officials began strategizing months ago for how it should operate in a post-Assad Syria. And that includes scoping out plans for disposing of Assad’s stockpiles of nerve and mustard agents.


Today, however, Panetta shot down a related preventive step: sending U.S. troops into the chaos of the Syrian civil war to secure the chemical stocks.



U.S. military officials have previously speculated that an intervention to take hold of an estimated 500 tons of chemical precursors would require 75,000 troops, a force larger than the one currently in Afghanistan. Panetta said the international community needs to establish a “process and procedure” for keeping the stockpiles under control — but only after Assad falls, which is an uncertain proposition. U.S. intervention to lock down the chemicals, Panetta said, would depend on the establishment of new regime willing to invite the U.S. military in — another uncertain proposition.


“We’re not working on options that involve boots on the ground,” Panetta said. If there’s a “peaceful transition,” then the U.S. might consider a request that a friendly successor government might make to secure the chemical stocks. “But in a hostile situation, we’re not planning for that.” It’s looking likely that the 400 U.S. soldiers sent to Turkey to man Patriot missile batteries could be the only uniformed troops that the Pentagon openly sends to handle the Syrian crisis.


The U.S. public has little appetite for throwing exhausted U.S. soldiers and marines into yet another bloody Mideastern conflict. But Panetta and Dempsey’s concession underscores the massive risks that the Syrian civil war poses for either the use or black market proliferation of chemical weapons. The revolution has  already claimed the lives of 60,000 Syrians. The longer it goes on, the greater the pressure Assad may feel to unleash his unconventional arms. Alternatively, various Syrian factions might be either unwilling or unable to secure the stocks, should they prevail, nor is there any guarantee they will give up the chemical weapons once victorious.


There is confusion about how long the sarin gas will remain usable once its precursors combine. Nerve agents are inherently unstable, but U.S. government sources have told Danger Room that Syrian sophistication with chemical weaponry may leave the combined, weaponized sarin deadly for up to a year. Dempsey and Panetta, however, believe that they’ll break down after 60 days. “That’s what the scientists tell us,” Dempsey said. “I’d still be reluctant to handle it myself.”


Disposing of (or “demilitarizing”) chemical weapons is extraordinarily difficult under any circumstances; Iraq’s former chemical bunkers are still toxic nearly  than a decade after Saddam’s overthrow, and the U.S. recently said it won’t be done disposing of its Cold War chemical weapon arsenal until 2023. Assad’s nerve agents will be no exception.


One of sarin’s main precursors – methylphosphonyl difluoride, or DF – can be turned into a somewhat non-toxic slurry, if combined properly with lye and water. The problem is that when DF reacts with water, it generates heat. And since DF has an extremely low boiling point — just 55.4 degrees Celsius — it means that the chances of accidentally releasing toxic gases are really high. “You could easily kill yourself during the demil,” one observer told Danger Room during the fall. That would explain Dempsey’s reluctance to touch it.


Naturally, this process could only begin once the DF and the rubbing alcohol (sarin’s other main precursor) was gathered up from Assad’s couple dozen storage locations. Then, they’d have to be carted far, far out into the desert — to make sure no bystanders could be hurt — along with the enormous stirred-tank reactors needed to conduct the dangerous chemistry experiments. And when it was all done, there would the result would be a whole lot of hydrofluoric acid, which is itself a poison.


It’s an operation that will take many months, many men, and many millions of dollars. No wonder the leaders of America’s overtaxed military won’t commit to the job until the Syrian civil war is done.


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Adele to join in Hollywood’s Golden Globe party






LOS ANGELES (Reuters) – Pop star Adele is set to attend the Golden Globes ceremony in Beverly Hills on Sunday in what will be her first public appearance since giving birth to a boy in October.


Golden Globe organizers said the 24-year-old British singer would be attending as a nominee, rather than a performer. Her “Skyfall” theme song for the latest James Bond movie is in the running for best original song at the Golden Globes – one of Hollywood’s biggest awards shows.






The “Someone Like You” singer gave birth to her first child in October with her partner, Simon Konecki, but has since kept out of the public eye.


She performed and co-wrote the theme song for “Skyfall,” a $ 1 billion box office hit, while her Grammy-winning heartbreak album “21″ scored the rare feat in December of topping all U.S. album sales for a second straight year.


Adele will find herself mingling with some of Hollywood’s biggest movie and TV stars on January 13, including Golden Globe presenters George Clooney, Jennifer Lopez and Meryl Streep, and nominees such as Jon Hamm, Ben Affleck, Daniel Day-Lewis, Helen Mirren, Leonardo DiCaprio, Anne Hathaway and Kevin Costner.


(Reporting By Jill Serjeant; Editing by Eric Walsh)


Music News Headlines – Yahoo! News





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Personal Health: Keeping Firearms Away From Children

I doubt that our forebears who ratified the Second Amendment in 1791 ever imagined how carelessly and callously firearms would be used centuries later. Witness the senseless slaughter of 20 innocent children and 6 adults last month in Newtown, Conn. As a mother of two and grandmother of four, I can’t imagine a more painful loss.

If you are as concerned as I am about the safety of your children and grandchildren, consider that it may be time for a grass-roots movement, comparable to Mothers Against Drunk Driving, to help break the stranglehold the National Rifle Association seems to have on our elected officials. Do you really want, as the association proposed, an armed guard in every school?

The Connecticut massacre occurred just two months after the American Academy of Pediatrics issued a new policy statement on firearm-related injuries to children. Murder and accidental shootings were not the academy’s only concerns. “Suicides among the young are typically impulsive,” the statement noted, “and easy access to lethal weapons largely determines outcome.”

In an article published online last month in The New England Journal of Medicine, Dr. Judith S. Palfrey, a pediatrician at Boston Children’s Hospital, and her husband, Dr. Sean Palfrey, also a pediatrician in Boston, highlighted the shocking statistics.



Every day in the United States, 18 children and young adults between the ages of 1 and 24 die from gun-related injuries. That makes guns the second leading cause of death in young people — twice the number of deaths from cancer, five times the deaths from heart disease and 15 times the deaths from infections.

Dr. Judith S. Palfrey has seen this heartbreak up close. “My niece, who was sad about something, might be alive today if she hadn’t had such easy access to a handgun at age 18,” she told me.

The United States has the dubious distinction of leading high-income countries in firearm homicides, suicides and unintentional deaths among young people. Among American children ages 5 to 14, an international study showed that firearm suicide rates were six times higher, and death rates from unintentional firearm injuries 10 times higher, than in other high-income countries.

Innocent Victims

The Palfreys said they were haunted by the death of one of their patients, a 12-year-old boy who went on an errand for his mother and was caught in the cross-fire of a gun battle. The boy had shortly before written a letter to his mother expressing his desire to become a doctor.

And Dr. Sean Palfrey recalls “with horror” picking up a loaded .22-caliber rifle, at age 11 or 12, and threatening his baby sitter with it. “This scared the hell out of me and remains seared in my memory. I could have killed this person.”

In explaining why he had a gun, he said, “I’m a great-grandson of Theodore Roosevelt, who was a hunter as well as a naturalist, and when I grew up guns were an acceptable part of youth. I took target practice and was an N.R.A. member myself as a child. We had guns for hunting, not automatic weapons that can shoot hundreds of rounds within seconds.”

Now, he said, “I do all my shooting with a camera. This is not the same world it was when the Second Amendment was written. Guns have to be removed so that they can’t be accessed by those who are immature, impulsive or mentally ill.”

In their article, the Palfreys pointed out that “little children explore their worlds without understanding danger, and in one unsupervised moment, an encounter with a gun can end in fatality.” School-age children who see guns used on television, in movies or video games “don’t necessarily understand that people who are really shot may really die,” they said.

Among teenagers, who may fight over girlfriends or sneakers, or have their judgment impaired by drugs or alcohol, “a fistfight may cause transient injuries, but a gunfight can kill rivals, friends, or innocent bystanders,” the pediatricians wrote. Among depressed adolescents, they said, “less than 5 percent of suicide attempts involving drugs are lethal, but 90 percent of those involving guns are.”

Preventing Access

In a 2006 study of gun-owning Americans with children under age 18, 21.7 percent stored a gun loaded, 31.5 percent stored one unlocked, and 8.3 percent stored at least one gun unlocked and loaded. And in households with adolescents ages 13 to 17, firearms were left unlocked 41.7 percent of the time.

These are accidents, or worse, waiting to happen, and the pediatrics academy reiterated its earlier recommendations that pediatricians talk to parents about guns in the home and their safe storage, and follow up by distributing cable locks.

To limit unauthorized access to guns, the academy recommended the use of trigger locks, lockboxes, personalized safety mechanisms, and trigger pressures that are too high for young children.

Still, the academy emphasized, “the safest home for a child or adolescent is one without firearms.”

The Palfreys said that when one of their colleagues asked a mother about guns in her home, she responded, “Why, yes, I have a loaded gun in the drawer of my bedside table.” It was only then the woman realized that this could be a danger to her child, Dr. Judith Palfrey said.

The academy also called for restoring the federal ban, in effect from 1994 to 2004, on the sale of assault weapons to the general public. None of the many attempts to renew it have succeeded in Congress.

The Supreme Court ruled in 2010, in the case of McDonald v. the City of Chicago, that the due process clause of the Fourteenth Amendment applied to provisions of the Second Amendment, and prevented states and localities from restricting citizens’ right to bear arms. The academy stated that the ruling “set the stage for Second Amendment legal challenges to local and state gun laws, including laws requiring the safe storage of firearms and trigger locks, as well as laws aimed at protecting children from firearms.”

In 2011, Florida passed legislation that raised First Amendment questions by forbidding doctors to ask families about guns in the home. Although a permanent injunction against the law was issued, Gov. Rick Scott has appealed the ruling. At the federal level, wording introduced into the Affordable Care Act restricts collection of data on guns in the home.


This post has been revised to reflect the following correction:

Correction: January 11, 2013

The Personal Health column on Tuesday, about firearms and children, using information from The New England Journal of Medicine, misstated the number of children and young adults between the ages of 1 and 24 who die each day in the United States from gun-related injuries. Eighteen people between the ages of 1 and 24 die every day — not seven people between those ages. (Seven deaths a day is the number for children and young adults between the ages of 1 and 19.) And the article misstated part of a Supreme Court ruling. In the case of McDonald v. the City of Chicago in 2010, the court ruled that the due process clause of the Fourteenth Amendment — not the equal protection clause — applied to provisions of the Second Amendment, which guarantees the right to keep and bear arms.

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Electronic Records Systems Have Not Reduced Health Costs, Report Says





The conversion to electronic health records has failed so far to produce the hoped-for savings in health care costs and has had mixed results, at best, in improving efficiency and patient care, according to a new analysis by the influential RAND Corporation.







Jim Wilson/The New York Times

Dr. Alvin Rajkomar tracks patient data on a Samsung Galaxy Note. A new report questions whether electronic records reduce health care costs.







Optimistic predictions by RAND in 2005 helped drive explosive growth in the electronic records industry and encouraged the federal government to give billions of dollars in financial incentives to hospitals and doctors that put the systems in place.


“We’ve not achieved the productivity and quality benefits that are unquestionably there for the taking,” said Dr. Arthur L. Kellermann, one of the authors of a reassessment by RAND that was published in this month’s edition of Health Affairs, an academic journal.


RAND’s 2005 report was paid for by a group of companies, including General Electric and Cerner Corporation, that have profited by developing and selling electronic records systems to hospitals and physician practices. Cerner’s revenue has nearly tripled since the report was released, to a projected $3 billion in 2013, from $1 billion in 2005.


The report predicted that widespread use of electronic records could save the United States health care system at least $81 billion a year, a figure RAND now says was overstated. The study was widely praised within the technology industry and helped persuade Congress and the Obama administration to authorize billions of dollars in federal stimulus money in 2009 to help hospitals and doctors pay for the installation of electronic records systems.


“RAND got a lot of attention and a lot of buzz with the original analysis,” said Dr. Kellermann, who was not involved in the 2005 study. “The industry quickly embraced it.”


But evidence of significant savings is scant, and there is increasing concern that electronic records have actually added to costs by making it easier to bill more for some services.


Health care spending has risen $800 billion since the first report was issued, according to federal figures. The reasons are many, from the aging of the baby boomer population, to the cost of medical advances, to higher usage of medical services over all.


Officials at RAND said their new analysis did not try to put a dollar figure on how much electronic record-keeping had helped or hurt efforts to reduce costs. But the firm’s acknowledgment that its earlier analysis was overly optimistic adds to a chorus of concern about the cost of the new systems and the haste with which they have been adopted.


The recent analysis was sharply critical of the commercial systems now in place, many of which are hard to use and do not allow doctors and patients to share medical information across systems. “We could be getting much more if we could take the time to do a little more planning and to set more standards,” said Marc Probst, chief information officer for Intermountain Healthcare, a large health system in Salt Lake City that developed its own electronic records system and is cited by RAND as an example of how the technology can help improve care and reduce costs.


The RAND researchers pointed to a number of other reasons the expected savings had not materialized. The rate of adoption has been slow, they said, and electronic records do not address the fact that doctors and hospitals reap the benefits of high volumes of care.


Many experts say the available systems seem to be aimed more at increasing billing by providers than at improving care or saving money. Federal regulators are investigating whether electronic records make it easier for hospitals and doctors to bill for services they did not provide and whether Medicare and other federal agencies are adequately monitoring the use of electronic records.


Technology “is only a tool,” said Dr. David Blumenthal, who helped oversee the federal push for the adoption of electronic records under President Obama and is now president of the Commonwealth Fund, a nonprofit health group. “Like any tool, it can be used well or poorly.” While there is strong evidence that electronic records can contribute to better care and more efficiency, Dr. Blumenthal said, the systems in place do not always work in ways that help achieve those benefits.


Federal officials say they are drafting new rules to address many of the concerns about the current systems.


This article has been revised to reflect the following correction:

Correction: January 10, 2013

An earlier version of this article misstated the location of the physician practice that is suing Allscripts. It is located in Panama City, Fla., not Panama, Fla.



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Baseball writers pitch a Hall of Fame shutout

Steroid-tainted stars Barry Bonds, Roger Clemens and Sammy Sosa have been denied entry to baseball's Hall of Fame with voters failing to elect any candidates for only the second time in four decades. (Jan. 9)









PARADISE VALLEY, Ariz. –- Barry Bonds was baseball's home run king, winning a record seven most-valuable-player awards. Roger Clemens' blazing fastball earned him a nickname, "The Rocket," and a record seven Cy Young Awards as the top pitcher in his league.


None of that mattered Wednesday.


Two of the most decorated players in the sport's history, perhaps the best in a generation, were roundly rejected from their sport's Hall of Fame.








In their first year on the ballot, the celebrated — and vilified — stars were turned away in an election that was a referendum on the game's steroid era. For only the second time in 43 years, the Baseball Writers' Assn. of America did not select a player for the game's highest honor.


Clemens was named on 37.6% of the 569 ballots; Bonds on 36.2%. A player must achieve 75% approval — writers can vote for as many as 10 on a ballot — for induction.


Craig Biggio, who starred as a catcher and second baseman with the Houston Astros, led all candidates with 68.2% of the vote. The only other player to get even 60% of the vote was former Detroit Tigers pitcher Jack Morris, at 67.7%.


Former Dodger Mike Piazza was fourth in the voting, receiving 57.8% in his first year on the ballot. Piazza hit 427 home runs and his offensive production was better than any other catcher in the Hall of Fame. But his legacy has been hurt by rumors of performance-enhancing drug use, even though he has never been implicated in an investigation.


Commissioner Bud Selig, who does not vote, said the Hall of Fame is a properly exclusive club and said he had no concerns about the voting process or result.


"The idea that this somehow diminishes the Hall of Fame or baseball is ridiculous," Selig said at the owners' meetings here.


Michael Weiner, the executive director of the players' union, called the election results "unfortunate, if not sad" and said the Hall should include "the best players to have ever played the game."


"To ignore the historic accomplishments of Barry Bonds and Roger Clemens, for example, is hard to justify," he said in a statement.


Bonds and Clemens are famous not only for their on-field accomplishments but for an era tainted by the widespread use of performance-enhancing substances.


A federal jury two years ago convicted Bonds of obstruction of justice but cleared him of charges he lied to a grand jury when he testified he had not knowingly used steroids. Bonds is appealing the conviction.


Clemens testified before Congress that he did not use steroids and later avoided prison time by successfully defending himself in court against perjury charges.


"After what has been written and said over the last few years, I'm not overly surprised," Clemens said via Twitter after the vote was announced. He added: "To those who did take the time to look at the facts … we very much appreciate it."


Bonds had no immediate comment, but Jeff Borris of the Beverly Hills Sports Council, the player's longtime agent, told the Associated Press that it was "unimaginable that the best player to ever play the game would not be a unanimous first-ballot selection."


Their links to alleged steroid use turned Clemens and Bonds from first-ballot locks into also-rans, with voters sharply divided among those who deny any player with ties to performance-enhancing drugs, those who prefer to wait and see what further information might emerge about those players, and those who vote for the most dominant players whatever their era.


Players become eligible for Hall of Fame consideration five years after they retire and remain on the ballot for 15 years, provided they receive at least 5% of the vote. (Times reporters are prohibited by ethics guidelines from voting for sports rankings and awards.)


"A snapshot in time isn't one year," Hall of Fame President Jeff Idelson said. "It's 15."


Even so, the voting trends do not look favorable for Bonds or Clemens. Mark McGwire, who received 19.5% to 23.7% in each of his first six years on the ballot, fell to 16.9% this year.





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