Archive for June, 2009

Georgia remained the state with the seventh-highest rate of foreclosures, according to RealtyTrac’s May 2009 U.S. Foreclosure Market Report released on Wednesday. Read more

Southern Co. is among a group of four energy companies that will get billions in federal funding to build new nuclear reactors, according to a story in Wednesday’s Wall Street Journal. Read more

Almost 1.7 million Georgians have no health insurance. Most of the uninsured are part of working families, and two-thirds have incomes less than half of the federal poverty line. Many were among the 1.3 million working Americans who had lost health insurance the previous year. Others were surprised to find their health insurance depleted or their insurers refusing to approve needed procedures or medicines...more

WASHINGTON — As Washington considers overhauling the nation’s health care system, a new poll finds considerable concern about health costs, with nearly half of all Americans worried about paying for future care. Read more

INDIANAPOLIS — Employers who offer health insurance coverage could see a 9 percent cost increase next year, and their workers may face an even bigger hit, according to a report from consulting firm PricewaterhouseCoopers. Read more

WASHINGTON — Nationwide home sales may have finally hit bottom, new data shows, but a host of thorny problems are hindering any recovery. Read more

As a physician, I see every day the type of overuse of medical care described in “Something’s Got to Give in Medicare Spending” (Economic View, June 14). Read more

To the Odom family of Durham, N.C., Dr. Gloria M. Trujillo is a savior. Johnny Odom, at 57, has congestive heart failure, diabetes, kidney failure, high blood pressure, gout, high cholesterol and blindness in one eye. His daughter, Tonia, 35, has rheumatoid arthritis, and her 10-year-old son has asthma, a seizure disorder, high blood pressure, prediabetes and sleep apnea…more

Emory University said Monday that it is suspending its $1.5 billion medical expansion project, citing general uncertainty about the economy. Read more

Uncategorized

Health care reform is a big, nasty, complicated, sensitive subject. And everybody wants something different out of it. Read more

Please check back for information on the rescheduling of Do No Harm, a documentary by Rebecca Schanberg that chronicles the actions of two whistle blowers at Phoebe Putney Hospital in Albany, Georgia who uncover inconsistent financial practices.

For more info on the film visit www.donoharmdoc.com or check out Georgia Watch’s 2008 report, A Crisis of Affordable Care: Phoebe Putney, which details our own findings on discrepancies at Phoebe Putney regarding over-charging and exorbitant executive compensation.

By KRISTI E. SWARTZ

kswartz@ajc.com

A coalition of watchdog groups Wednesday formally called on the state to be more open with how it spends federal stimulus money…more

By Angela Speir Phelps

The phrase “a chicken in every pot” was a slogan used during Herbert Hoover’s presidential campaign in 1928. A year later, the Great Depression began. We are very blessed that we are not suffering as those who came before us did, but it’s tough times these days. Read more

By Kristi E. Swartz

The Atlanta Journal-Constitution

Sunday, June 07, 2009

Sometimes, the governor’s office receives a simple call from Washington.

Sometimes, a state agency gets a “check’s in the mail” shout-out from a federal counterpart.

And still other times, the information simply pops up on a Web site, with no bells or whistles…more

What is arbitration?

Arbitration is a legal proceeding by which parties may resolve disputes without going to court. As with most other forms of alternative dispute resolution, and unlike the judicial system, both parties agree to settle their differences through arbitration.

Overall, arbitration proceedings are similar to those of a trial court except for these following important differences:

No judge or jury
When parties agree to arbitrate a dispute, they also agree upon an arbitrator to hear the case. Arbitrators act in the place of both judges and juries, handing down verdicts and issuing awards. Arbitrators may work independently or may be hired through an arbitration firm.
Final decisions are difficult to appeal

An arbitrator’s ruling may be overturned by a court only when it can be shown that the arbitrator acted with clear disregard of the law, a very high standard. Even when an arbitrator applied an incorrect legal standard, or arguably has a conflict of interest with either the litigants or the nature of the case, the ruling will be allowed to stand as long as the arbitrator acted in good faith.

Beware of bias
Arbitrators are paid by both of the parties litigating the dispute. In some cases, a company will use the same arbitration firm so long as it continues to receive favorable rulings. This may lead to the arbitrator exhibiting bias in favor of the company and against the consumer

Read the fine print
Sometimes a consumer will sign away his right to a jury trial without even realizing what he has done. Companies may bury these “arbitration agreements” in sales or finance contracts. For example, when someone purchases a computer online, she is likely waiving any right to bring a claim against the vendor in court and agreeing to arbitrate all disputes. The agreement states that a consumer has waived any right to bring suit against the company outside of arbitration. The agreement will usually name the company’s choice of arbitrator as well.

Consumer must pay arbitration fee
Some consider arbitration to be a low cost alternative to settling disputes in court. However, a company may also include a provision in the arbitration agreement that requires the consumer to pay for any arbitration. This works to discourage consumers from pursuing small claims against the company.

Ultimately, consumers may have a difficult time avoiding arbitration. Companies from all areas of industry have arbitration clauses in their sales contracts: telecommunications, computer sales, insurance, and finance, just to name a few. As always, be sure to carefully read any contract before you sign it, and if you are uncertain about any terms in it, don’t be afraid to ask.