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Law & Order: July 2009 Edition

by Astrid Fiano, DOTmed News Writer | July 22, 2009

In the In-Home program, health workers perform non-medical services for qualified Medi-Cal recipients, such as housekeeping, grocery shopping and meal preparation. The workers must submit timesheets certified by the clients in order to receive payment. At least 400,000 Californians received in-home services in 2008, at a cost of $2 billion. In this recent investigation, most defendants allegedly submitted timesheets for services to close relatives who had actually died before the time periods in question. Other patients were hospitalized, in nursing homes or incarcerated during the time the defendants allegedly claimed to have provided services.

National: GAO Reports Hundreds of Possible Abuse Incidents of Disabled Students

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Representative George Miller (D-CA) has recently announced a General Accounting Office report that detailed hundreds of cases concerning alleged abuse to schoolchildren, some resulting in death, as a result of inappropriate use of seclusion and restraint in classrooms. These practices were "used disproportionately on children with disabilities," Rep. Miller stated in a press release.

"GAO's report shows that in too many cases, a child's life wound up being threatened even though that child was not a threat to others," said Rep. Miller in the release. "This behavior, in some instances, looks like torture. The current situation is unacceptable and cannot continue." Rep. Miller further stated that legislation is needed to address the situation.

The report, part of testimony before the House Committee on Education and Labor, discussed the GAO's examination of ten restraint and seclusion cases involving a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The cases mostly concerned children with disabilities who were restrained and secluded (even when not physically aggressive, and without parental consent). The report found that the type of restraints used may block air to the lungs and can be deadly; in addition, that teachers and staff in the cases were often not trained on the use of seclusions and restraints. "Even if no physical injury is sustained," the report says, "...individuals can be severely traumatized during restraint."

State: New Jersey Senate Passes Medical Marijuana Act

Following the approvals of medical marijuana for use in Michigan and areas of Massachusetts last year, the New Jersey State Senate has now passed S119, the "New Jersey Compassionate Use Medical Marijuana Act." The bill now awaits vote in the state Assembly.