I've recently read accounts where the middle class working Americans, those who have supported those who never worked, have now suddenly and through no fault of their own, have become poor. And know what? The government turns their back on them!
That's right. The people who worked, paid taxes, paid for all those lazy bastards to sit on their asses and have illegitimate child after child, receive subsistence from state and federal agencies and free health care, are suddenly finding themselves with no lifelines or safety net when their lives go bad. It's not a black, or white, or any color issue, folks. This crosses every line you can think of. It's an AMERICAN ISSUE! It's happening to your fellow countrymen and women each and every day, and could happen to YOU! As one of my co-workers used to say when we saw a homeless person: "There but for a few paychecks go I." How very true!
One article was about a Nevada couple who both worked their whole lives; the man unfortunately tripped and fell and broke his back. Then a broken hip, skin cancer and the onset of dementia. Out of work and living on social security, his wife had to quit her job due to non-flexible hours, and take a low paying job to be home to take care of him. They lost their home, have no insurance, have nothing, yet the government says they're not poor. Don't qualify for food stamps or Medicaid. WTF? We support all these people with multiple illegitimate kids who never worked, and the illegals, yet an American who worked his whole life can't get help because he gets a meager Social Security check and his wife works for what amounts to fast food wages?
A woman from Mississippi worked her whole life and now has become disabled and living on a very meager $679 Social Security check plus $41 in food stamps. She has to decide which of her 15 prescription medications she can live without since state regulations limit Medicaid recipients to 5 low-cost prescriptions each month. By the Federal government's standards, this lady is living in poverty, and receiving aid, which she obviously needs. But in my estimation, it's clearly not enough! Why should she have to pick and choose what medications she has to live without?
It doesn't just happen to people on lower incomes. A Hollywood prop master making $100K a year ended up living in a trailer in a mobile home park Nevada after sickness wiped out his savings and cost him his home in a once affluent community in California. He stopped repairing his car and let the tags expire to save money; he sometimes overdraws is bank account to pay the utility bills, costing him large bank fees. According to the Federal government, he is not poor enough to get assistance.
A health care bill is not going to fix the inequities in our system. What will fix it is getting the politicians off the dime and stop paying welfare to those who are able bodied and can work, put them into public service jobs , limit the amount of time welfare is paid, limit the payment of welfare to one child per mother, and quit all the payments to illegal aliens for anything.
If an illegal has a child, bundle them both up and ship them back to the country of origin. Close the border tight and quit pandering to those who seem to have no consideration to the sovereignty of our country, and who think we should be the great provider for every other person on earth. If a politician thinks Mexico is so great, send them there and let them live there as an ordinary citizen for a year. Then come back and tell us how nice it is. If you want to spend money, make Mexico nicer for those living there so they want to stay, not come here and live off of us!
I understand the want for a better life and the "streets paved with gold" north of the border story. But it's not true, and life here isn't about making good for those making the trek north anymore. It's hard times for everyone and work isn't plentiful for immigrants. Americans are tired of bearing the burden of health care and welfare for so many illegals. We have enough problems with our own recession, and our government isn't taking care of our own people. The system is failing us, yet people still want the system to take care of them. Is it any wonder there is a deep resentment that continues to grow?
It's not racist. It's not anti-Hispanic. We'd feel the same, and do, about anyone who illegally comes here and mooches off our system. We feel the same about the generations of welfare recipients who perpetuate the same fraud upon the government by raising yet more generations of recipients. Unwed mothers who give birth to yet additional generations of welfare recipients, who do likewise and continue to pump out burdens on the public dole. It's an unending cycle that the government does absolutely nothing about.
Daycare in high school so the unwed pregnant teens don't drop out? And just where do you think most of them go or do after that? Have more kids and live off the system! Sure, there are some success stories and we laud those teens who do go on to bigger and better things. But listening to the multitudes of kids who are still teens or maybe twenty and on their third child or more, all with separate fathers who don't support any of the kids, makes me sick. Because we support the kids simply because they exist, and some dumb ass wasn't smart enough to keep her knees together!
Yet our disabled and elderly who worked their entire life can't get enough to live on when they're out of work and ill.
Shame on our government for failing the Americans who pay the bills.
Saturday, February 20, 2010
Monday, February 15, 2010
Anthem Blue Cross - Greed or Need?
No, it's not the National Anthem, but one that you're less familiar with, unless you happen to need individual health insurance in many states. One of 800,000 policyholders in California for example. And what has this Blue Cross / Blue Shield company now named Anthem Blue Cross done now? Made an announcement that it will raise rates as much as 39% to some policyholders in California. And, perhaps raise rates more than once a year too!
Although Anthem's parent company, WellPoint made a 4.75 billion dollars profit in the last quarter of 2009, it seems they have lost millions on health care. Good Lord! I'd be willing to lose millions to make billions! Seems like a damned good trade off if you ask me. But then again, it seems greed has no boundaries where health insurance is concerned. Blue Cross also states their proposed rates reflect anticipated medical costs. Don't you wish you could ask that your salary reflect your anticipated living costs? It seems Anthem doesn't give a damn about your living costs at all, as long as they can nail you on your health care. To add insult to injury, the State of California estimates the rate hikes would affect 700,000 customers and average 25% with some as high as 39%.
The State of California has asked, and Anthem has agreed to postpone its rate hikes from March 1 until May 1 so the State can conduct an audit. Here's a link to the news story:
http://news.yahoo.com/s/ap/20100213/ap_on_bi_ge/us_insurance_rates_wellpoint
The individual policies are purchased by people who are out of work and are no longer covered by employer policies. Many take relatively high deductible policies so they can afford the premiums, then when they become sick or injured, that have a big deductible of thousands of dollars to pay before Anthem pays a cent on their policy.
When people are forced to make a choice between the roof over their heads, food and insurance, it's a no-brainer that the insurance is dropped. Plus, if you feel well, maybe you believe you won't need the insurance coverage right now. Many out-of-work people can't afford the standard premiums and when they are increased, drop the coverage, adding to the huge pool of uninsured people that in the event of emergency the taxpayers somehow support, or that the medical providers and insurance companies, in their greed, will drive into bankruptcy. There are the two choices and I need not delineate who falls into either category.
A friend received a big increase on her policy premium, and when she asked what she could do about it, Anthem representatives suggested she "increase the deductible." She already has a $5000 deductible, so they suggest she consider $7500 or even $10,000 deductible to keep monthly premiums down. Pretty shrewd since they won't pay for her doctor visits, tests, or any procedures until she pays at least $7500 or $10,000 out of pocket first. And that's in addition to the high premium she already pays for coverage! And, don't even think that any deductible amount is all you will have to pay. On some policies, the "annual out of pocket limit" excludes the deductible, so you might have a $5000 deductible plus a $2500 out of pocket limit making your costs $7500 plus the cost of the policy, before you see any significant policy benefits.
Another ripoff, in my opinion, is the "calendar year" scam insurance companies pull. Purchase a policy in mid-year and if you become ill in any following year just before the policy year ends, they will tell you everything is based on the policy year which is 12 months. So some of your benefits are in the current policy year and some in the next, which boggles up your calculations when figuring out your actual deductible and out of pocket limits. Yet when January 1 rolls along, your deductible starts all over again, and your trips to the doctor and medications become your expenses until you reach that deductible and out of pocket plateau. The only benefit is that if you see a doctor or other provider who accepts your insurance, they have set fees for the insurance companies versus cash patients, and you pay only what the insurance company would pay.
I don't agree with the current administration ramming health care down the peoples' throats in the way it has been done. But we need some form of affordable health care for all Americans. There needs to be a way to take companies that abuse the trust of their subscribers, and make billions while doing it, and say, you're done. You'll not sell another policy until you prove you are not making money on the policies you are already holding. The states regulate the property-casualty and workers compensation and other insurance markets. Time to step in and lasso in these mavericks before they destroy the lives of more Americans with their greed and careless approach to human life. Because that's what health care is all about. Caring...for and about humans and their lives and their future. Corporate greed doesn't have a place in care.
Although Anthem's parent company, WellPoint made a 4.75 billion dollars profit in the last quarter of 2009, it seems they have lost millions on health care. Good Lord! I'd be willing to lose millions to make billions! Seems like a damned good trade off if you ask me. But then again, it seems greed has no boundaries where health insurance is concerned. Blue Cross also states their proposed rates reflect anticipated medical costs. Don't you wish you could ask that your salary reflect your anticipated living costs? It seems Anthem doesn't give a damn about your living costs at all, as long as they can nail you on your health care. To add insult to injury, the State of California estimates the rate hikes would affect 700,000 customers and average 25% with some as high as 39%.
The State of California has asked, and Anthem has agreed to postpone its rate hikes from March 1 until May 1 so the State can conduct an audit. Here's a link to the news story:
http://news.yahoo.com/s/ap/20100213/ap_on_bi_ge/us_insurance_rates_wellpoint
The individual policies are purchased by people who are out of work and are no longer covered by employer policies. Many take relatively high deductible policies so they can afford the premiums, then when they become sick or injured, that have a big deductible of thousands of dollars to pay before Anthem pays a cent on their policy.
When people are forced to make a choice between the roof over their heads, food and insurance, it's a no-brainer that the insurance is dropped. Plus, if you feel well, maybe you believe you won't need the insurance coverage right now. Many out-of-work people can't afford the standard premiums and when they are increased, drop the coverage, adding to the huge pool of uninsured people that in the event of emergency the taxpayers somehow support, or that the medical providers and insurance companies, in their greed, will drive into bankruptcy. There are the two choices and I need not delineate who falls into either category.
A friend received a big increase on her policy premium, and when she asked what she could do about it, Anthem representatives suggested she "increase the deductible." She already has a $5000 deductible, so they suggest she consider $7500 or even $10,000 deductible to keep monthly premiums down. Pretty shrewd since they won't pay for her doctor visits, tests, or any procedures until she pays at least $7500 or $10,000 out of pocket first. And that's in addition to the high premium she already pays for coverage! And, don't even think that any deductible amount is all you will have to pay. On some policies, the "annual out of pocket limit" excludes the deductible, so you might have a $5000 deductible plus a $2500 out of pocket limit making your costs $7500 plus the cost of the policy, before you see any significant policy benefits.
Another ripoff, in my opinion, is the "calendar year" scam insurance companies pull. Purchase a policy in mid-year and if you become ill in any following year just before the policy year ends, they will tell you everything is based on the policy year which is 12 months. So some of your benefits are in the current policy year and some in the next, which boggles up your calculations when figuring out your actual deductible and out of pocket limits. Yet when January 1 rolls along, your deductible starts all over again, and your trips to the doctor and medications become your expenses until you reach that deductible and out of pocket plateau. The only benefit is that if you see a doctor or other provider who accepts your insurance, they have set fees for the insurance companies versus cash patients, and you pay only what the insurance company would pay.
I don't agree with the current administration ramming health care down the peoples' throats in the way it has been done. But we need some form of affordable health care for all Americans. There needs to be a way to take companies that abuse the trust of their subscribers, and make billions while doing it, and say, you're done. You'll not sell another policy until you prove you are not making money on the policies you are already holding. The states regulate the property-casualty and workers compensation and other insurance markets. Time to step in and lasso in these mavericks before they destroy the lives of more Americans with their greed and careless approach to human life. Because that's what health care is all about. Caring...for and about humans and their lives and their future. Corporate greed doesn't have a place in care.
Friday, February 5, 2010
Appliance Energy Rebates...Too Little Too Late
Once again, our illustrious government waste precious time and energy ramping up a program to get taxpayers to dump old, inefficient products, and purchase new, with the promise of government rebates to help them out. Or, better yet, should I say taxpayers who actually pay taxes helping pay for new cars, or in this case, appliances, for people who decide they need them, or maybe just want new ones.
The problem with the "Cash for Clunkers" program was that it didn't really accomplish anything but waste lots of taxpayer money. It's funny, actually, to find that many of the vehicles taken off the streets and ostensibly crushed, were replaced with vehicles that didn't get much better gas mileage. Lots of Ford F-150 trucks were sold in numerous configurations, as well as Chevrolet Silverado's . In fact, according to Edmunds.com, these two trucks were in the top ten vehicles purchased, including 4 wheel drive versions!
Now we have the big appliance rebate program for purchasing Energy Star rated appliances. But, instead of starting the program January 1st in all states, the Federal Government let the individual states decide when to start the program on their own turf. Thus, the start dates are all over the map. Some start in January, some as late as April. Kansas already ran out of money in January, as they used the money to give to low income families to offset purchases of energy efficient appliances. In fact, they gave vouchers of $800 for clothes washers to low income families...no wonder they ran out of money. There are lots of energy efficient clothes washers that don't cost $800 bucks!
Frankly, these programs become a disincentive to many people. What if your appliance truly breaks down before the rebate period? You're out of luck. No rebate for you. However, you can have your appliance fixed if you wish, and keep it running just long enough to slide into the rebate window, then go for the new one. Whether that works for you or not depends on the rebate, which again, isn't a constant across all states. Which makes no sense.
Speaking of clothes washers only, some states base the rebate on the energy savings of the machine, with several categories available.
Arizona for example offers either $125 or $200.
Connecticut is $100
Delaware is $75
Georgia is $50 or $99
Illinois offers a 1 week 15% markdown at point of sale and a $50 recycling mail-in rebate
Maine is about the lowest, offering only $50
Michigan is also in that $50 category
Minnesota is offering $200
Texas offers $150 or $180 plus a $75 recycling rebate as well = $225 or $255
Oregon is using this to provide new residential heating systems to low income families
Rhode Island's site excludes clothes washers at this time; nothing about rebates for them.
Washington is $100
Plus, the other requirements for a rebate are somewhat asinine as well. For example:
Alaska: Only for Alaskans with disabilities. Further enhanced if in a rural area. WTF??
Here's the site so you can look for yourself.
http://www.energysavers.gov/financial/70022.html
Another fiasco where the people get little and some bureaucracy gets bigger and bigger building more and more government and in the name of a green earth. Not that a green earth is at all bad...but when you add in all the delivery trucks, crushers, energy and work to dismantle and reprocess all the junked appliances and waste materials, I'd bet the savings don't amount to much at all, except to those who get them for free or close to it.
Another idea for a give away program that just doesn't do much for the American struggling to make ends meet. If you can't put food on the table, you don't need a new range to cook it on, or a new refrigerator to keep it in. A few bucks a month in energy savings won't help you make the payments on the big appliance you just bought, will it?
More smoke and mirrors, brought to you by same the people who promised change. Next we'll hear about a "chicken in every pot"...oh wait...some say they heard that one before!
Those of you who wanted change sure got it...maybe it isn't the change you wished for?
The problem with the "Cash for Clunkers" program was that it didn't really accomplish anything but waste lots of taxpayer money. It's funny, actually, to find that many of the vehicles taken off the streets and ostensibly crushed, were replaced with vehicles that didn't get much better gas mileage. Lots of Ford F-150 trucks were sold in numerous configurations, as well as Chevrolet Silverado's . In fact, according to Edmunds.com, these two trucks were in the top ten vehicles purchased, including 4 wheel drive versions!
Now we have the big appliance rebate program for purchasing Energy Star rated appliances. But, instead of starting the program January 1st in all states, the Federal Government let the individual states decide when to start the program on their own turf. Thus, the start dates are all over the map. Some start in January, some as late as April. Kansas already ran out of money in January, as they used the money to give to low income families to offset purchases of energy efficient appliances. In fact, they gave vouchers of $800 for clothes washers to low income families...no wonder they ran out of money. There are lots of energy efficient clothes washers that don't cost $800 bucks!
Frankly, these programs become a disincentive to many people. What if your appliance truly breaks down before the rebate period? You're out of luck. No rebate for you. However, you can have your appliance fixed if you wish, and keep it running just long enough to slide into the rebate window, then go for the new one. Whether that works for you or not depends on the rebate, which again, isn't a constant across all states. Which makes no sense.
Speaking of clothes washers only, some states base the rebate on the energy savings of the machine, with several categories available.
Arizona for example offers either $125 or $200.
Connecticut is $100
Delaware is $75
Georgia is $50 or $99
Illinois offers a 1 week 15% markdown at point of sale and a $50 recycling mail-in rebate
Maine is about the lowest, offering only $50
Michigan is also in that $50 category
Minnesota is offering $200
Texas offers $150 or $180 plus a $75 recycling rebate as well = $225 or $255
Oregon is using this to provide new residential heating systems to low income families
Rhode Island's site excludes clothes washers at this time; nothing about rebates for them.
Washington is $100
Plus, the other requirements for a rebate are somewhat asinine as well. For example:
Alaska: Only for Alaskans with disabilities. Further enhanced if in a rural area. WTF??
Here's the site so you can look for yourself.
http://www.energysavers.gov/financial/70022.html
Another fiasco where the people get little and some bureaucracy gets bigger and bigger building more and more government and in the name of a green earth. Not that a green earth is at all bad...but when you add in all the delivery trucks, crushers, energy and work to dismantle and reprocess all the junked appliances and waste materials, I'd bet the savings don't amount to much at all, except to those who get them for free or close to it.
Another idea for a give away program that just doesn't do much for the American struggling to make ends meet. If you can't put food on the table, you don't need a new range to cook it on, or a new refrigerator to keep it in. A few bucks a month in energy savings won't help you make the payments on the big appliance you just bought, will it?
More smoke and mirrors, brought to you by same the people who promised change. Next we'll hear about a "chicken in every pot"...oh wait...some say they heard that one before!
Those of you who wanted change sure got it...maybe it isn't the change you wished for?
Saturday, January 30, 2010
School Bus Accidents...Ignored?
It seems most school bus accidents go largely ignored by the press here in California, unless a student is severely injured. Some may think there are few school bus accidents, but if you simply view the CHP logs, there are many, and the press is simply either ignoring them, or for some reason, doesn't want to "let the cat out of the bag" because the real numbers of buses in accidents would probably alarm parents.
Every day there are numerous minor bus accidents in San Diego County alone, yet the only ones you ever see reported are those where the student is transported by ambulance, due to injuries. And, you might not actually see those if the news doesn't care to report on it.
Parents need to demand an accounting for the safety of their children on school transportation, be it privately operated under contract, or operated by the school districts themselves. There are many highly qualified, safe operators out there. But I can tell you from first hand experience, there are operators who regularly exceed the speed limits daily, and calls to their district and supervisors, while met with surprise and promises to take action, do nothing to slow them down.
In numerous cases, while operating FCC licensed moving radar, school buses have been clocked at 15 to 20 miles over the 55 mile per hour mandated speed limit with students on board. Some buses pass all too frequently, fail to signal and allow students to stand while the bus is in motion. All of which lends to the severity of injury in event of accident.
Children are our most precious resource and the most precious cargo carried on the buses of any transportation system in the world. For them to be anything less than 100% safe is tragedy waiting to happen.
Every day there are numerous minor bus accidents in San Diego County alone, yet the only ones you ever see reported are those where the student is transported by ambulance, due to injuries. And, you might not actually see those if the news doesn't care to report on it.
Parents need to demand an accounting for the safety of their children on school transportation, be it privately operated under contract, or operated by the school districts themselves. There are many highly qualified, safe operators out there. But I can tell you from first hand experience, there are operators who regularly exceed the speed limits daily, and calls to their district and supervisors, while met with surprise and promises to take action, do nothing to slow them down.
In numerous cases, while operating FCC licensed moving radar, school buses have been clocked at 15 to 20 miles over the 55 mile per hour mandated speed limit with students on board. Some buses pass all too frequently, fail to signal and allow students to stand while the bus is in motion. All of which lends to the severity of injury in event of accident.
Children are our most precious resource and the most precious cargo carried on the buses of any transportation system in the world. For them to be anything less than 100% safe is tragedy waiting to happen.
Thursday, January 28, 2010
With Great Pleasure...Good News for FORD
The one out of the Big 3 US automakers that stood on its own two feet, or four wheels, and didn't take a government bailout, has now turned a profit!
Today, Ford Motor Company announced a 2009 full year net income of 2.7 billion dollars, and a 4th quarter net profit of 863 million dollars, the first profit in four years. It will also start giving out profit sharing checks to US hourly workers in March, the first time that's been done since 2004. And Ford expects 2010 to be profitable as well.
My congratulations to the management and all the people at Ford who made it through the storm. They have fought hard and kept their hands out of the government till, while keeping the government hands out of their pockets as well. They have succeeded where GM and Chrysler have failed. In Chrysler's case, failed multiple times, and judging by the way things continue to go, will likely fail again. Not to beat a dead horse, but how many times do they think they should be bailed out anyway?
Once again, American ingenuity and ability can do the job. Congratulations Ford on a job well done!
Today, Ford Motor Company announced a 2009 full year net income of 2.7 billion dollars, and a 4th quarter net profit of 863 million dollars, the first profit in four years. It will also start giving out profit sharing checks to US hourly workers in March, the first time that's been done since 2004. And Ford expects 2010 to be profitable as well.
My congratulations to the management and all the people at Ford who made it through the storm. They have fought hard and kept their hands out of the government till, while keeping the government hands out of their pockets as well. They have succeeded where GM and Chrysler have failed. In Chrysler's case, failed multiple times, and judging by the way things continue to go, will likely fail again. Not to beat a dead horse, but how many times do they think they should be bailed out anyway?
Once again, American ingenuity and ability can do the job. Congratulations Ford on a job well done!
Friday, January 1, 2010
2010 Arrives and Death Follows
Happy New Year.
I was hoping to start the new year with some great positive, uplifting information. I honestly tried. I woke this morning feeling great, looking at a sunny sky, and feeling like Ralphie after he discovered his Red Ryder 200 shot Carbine was really a Christmas present after all.
Unfortunately, that all went south after finding out that a 21 year old pregnant female was killed by a suspected 30 year old drunk driver, as she sat in a friends' vehicle that was awaiting roadside assistance on the freeway. The unborn child was also killed and two other occupants, as well as the drunk driver, were taken to a local hospital with major injuries. The suspected drunk driver was arrested for felony DUI.
In our county, this is the third fatality in less than 12 hours, at least two of which are attributable to drunk driving. More injuries can be attributed to drunk and impaired driving as well. Even with DUI checkpoints and saturation patrols, the carnage continues.
Worse, the numbers continue to climb. Are there more DUI arrests because there are more people being caught? Or because there are more people driving under the influence? The television stations report more drivers are using their cell phones to turn in drivers who appear impaired. If the numbers are climbing because of vigilance and closer scrutiny by the law enforcement authorities and the public, it's a good thing. If it's because more people are driving under the influence, it's not.
At one time I was appalled to hear that 41% of all people on the road were impaired by some substance, legal, illegal or otherwise. That's a huge figure. Look at it this way...if you're sitting in your vehicle, there's a huge potential that the person next to you, and either the one ahead or behind you, is impaired. Two out of the four vehicles surrounding you! Whew...that's one helluva number! That's plain scary at freeway speeds!
Bottom line is that if you drink, or otherwise are impaired, please don't drive. Take a cab, bus, or have a sober designated driver. That young pregnant mother-to-be didn't deserve to die on a cold, dark freeway this morning. She didn't do anything wrong; she was an innocent victim who happened to be in the wrong place at the wrong time. That's the tragedy of most of the victims of drunk drivers. They happen to be in the wrong place at the wrong time, or get in the vehicle with the wrong driver without thinking, as they themselves are impaired.
I wish you a safe and healthy New Year filled with love and peace.
I was hoping to start the new year with some great positive, uplifting information. I honestly tried. I woke this morning feeling great, looking at a sunny sky, and feeling like Ralphie after he discovered his Red Ryder 200 shot Carbine was really a Christmas present after all.
Unfortunately, that all went south after finding out that a 21 year old pregnant female was killed by a suspected 30 year old drunk driver, as she sat in a friends' vehicle that was awaiting roadside assistance on the freeway. The unborn child was also killed and two other occupants, as well as the drunk driver, were taken to a local hospital with major injuries. The suspected drunk driver was arrested for felony DUI.
In our county, this is the third fatality in less than 12 hours, at least two of which are attributable to drunk driving. More injuries can be attributed to drunk and impaired driving as well. Even with DUI checkpoints and saturation patrols, the carnage continues.
Worse, the numbers continue to climb. Are there more DUI arrests because there are more people being caught? Or because there are more people driving under the influence? The television stations report more drivers are using their cell phones to turn in drivers who appear impaired. If the numbers are climbing because of vigilance and closer scrutiny by the law enforcement authorities and the public, it's a good thing. If it's because more people are driving under the influence, it's not.
At one time I was appalled to hear that 41% of all people on the road were impaired by some substance, legal, illegal or otherwise. That's a huge figure. Look at it this way...if you're sitting in your vehicle, there's a huge potential that the person next to you, and either the one ahead or behind you, is impaired. Two out of the four vehicles surrounding you! Whew...that's one helluva number! That's plain scary at freeway speeds!
Bottom line is that if you drink, or otherwise are impaired, please don't drive. Take a cab, bus, or have a sober designated driver. That young pregnant mother-to-be didn't deserve to die on a cold, dark freeway this morning. She didn't do anything wrong; she was an innocent victim who happened to be in the wrong place at the wrong time. That's the tragedy of most of the victims of drunk drivers. They happen to be in the wrong place at the wrong time, or get in the vehicle with the wrong driver without thinking, as they themselves are impaired.
I wish you a safe and healthy New Year filled with love and peace.
Monday, December 21, 2009
California Fixes Good Samaritan Law
California Legislators finally correct the wrongdoing of the State Supreme Court!
On August 6, 2009 Governor Schwarzenegger signed Assembly Bill 83 (Feuer/Benoit), legislation which encourages individuals to act as "Good Samaritans" and voluntarily help rescue others in peril. The legislation goes into effect immediately.
“Now Good Samaritans have no reason to hesitate to responsibly help someone in an emergency out of fear that they might be sued, " Assembly Member Mike Feuer said. "This legislation encourages Californians to look out for each other at a time when public resources are all too scarce. I'm proud of the broad coalition that came together to make this common sense law possible." The bill garnered unanimous bi-partisan support in its passage through the Legislature, and it created a broad and unusual alliance of support from law enforcement and rescue agencies, as well as the plaintiffs and defense bars and the American Heart Association.
“As a former Highway Patrol Commander, I’ve experienced many situations where Good Samaritans arrived first on the scene, making the difference between life and death for accident victims,” commented Senator John J. Benoit (R-Bermuda Dunes), a 31-year law enforcement veteran and principal co-author of AB 83. “Good Samaritans show kindness to others and their good acts should be encouraged, rather than discouraged.”
AB 83 reverses a recent court decision and clarifies the Legislature's intent to shield all Good Samaritans from lawsuits if they act responsibility – regardless of whether their rescue assistance is of a medical or non-medical nature. In the court case of Van Horn v. Watson, the California Supreme Court ruled that the state’s Good Samaritan statute only partially protected those who voluntarily act as Good Samaritans from possible negligence lawsuits. The Supreme Court held that such volunteer rescuers would only be shielded from lawsuits if they provided “medical care” at the scene of an emergency; they would not be protected from possible liability if they provided "non-medical care."
Another supporter of the legislation, Christine D. Spagnoli, president of Consumer Attorneys of California, stated: “This bill strikes an important balance between the human desire to help people who are in distress, and the rights of victims. Consumer attorneys are delighted to join police, firefighters, paramedics and insurance and business groups in endorsing this measure.”
“Assemblyman Feuer and his co-authors deserve a big thanks for acting quickly and fixing a quirky law that threatened to penalize people who performed noble acts in helping others in an emergency," said John H. Sullivan, president of the Civil Justice Association of California (CJAC).
Assembly Member Feuer was moved to introduce AB 83 by personal experience. While driving home from work on a Los Angeles freeway we witnessed the driver of a pickup truck swerve and lose control, overturning in traffic. Feuer helped pull the driver and his family from the overturned vehicle while others blocked traffic on the busy freeway.
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