Seth MacFarlane on “Family Guy” movie: “it’s just a matter of when”












NEW YORK (TheWrap.com) – “Family Guy” creator Seth MacFarlane wants to bring his beloved and controversial Fox show to the big screen, telling students at UCLA on Wednesday that a theatrical version of the show will definitely happen.


“It’s just a matter of when,” MacFarlane said, according to Entertainment Weekly. “It’s hard to do that while you have the series going on at the same time; I think that’s why it took ‘The Simpsons’ 20 seasons to figure out how to do it.”












“Family Guy,” which is in its 11th season, has made MacFarlane one of the most successful writers in television. A writer, director, voice actor and animator – not to mention singer-of-standards and this year’s Oscar host – MacFarlane created that show, as well Fox shows “American Dad” and “The Cleveland Show.”


He also had been working on a reboot of “The Flintstones,” but that appears to be shelved for now.


MacFarlane then transformed into one of the film industry’s hottest commodities this summer thanks to the breakout success of “Ted,” the Universal comedy that has set a new box-office record for an original, R-rated comedy.


While Universal has every intent of making another “Ted,” MacFarlane said he also has developed the ideas for a “Family Guy” film.


“We do know what the ‘Family Guy’ movie will be,” he told the students. Drawing another comparison to “The Simpsons Movie,” he said his one criticism of the cinematic version of that iconic show was that the plot would have worked on TV.


He claimed his “Family Guy” idea “would be impossible to do on TV.”


The Hollywood Reporter wrote last year that there is a deal in place for a ‘Family Guy” movie, but MacFarlane’s representatives did not respond to a request for more information about the rights to the movie or MacFarlane’s plans.


While MacFarlane still spends a good deal of his time working on television projects, the prospect of a “Family Guy” movie raises two questions: Does he have to make “Ted” first? Does Fox have the rights to the movie?


Neither Universal nor Fox have returned requests for comment.


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Opinion: A Health Insurance Detective Story





I’VE had a long career as a business journalist, beginning at Forbes and including eight years as the editor of Money, a personal finance magazine. But I’ve never faced a more confounding reporting challenge than the one I’m engaged in now: What will I pay next year for the pill that controls my blood cancer?




After making more than 70 phone calls to 16 organizations over the past few weeks, I’m still not totally sure what I will owe for my Revlimid, a derivative of thalidomide that is keeping my multiple myeloma in check. The drug is extremely expensive — about $11,000 retail for a four-week supply, $132,000 a year, $524 a pill. Time Warner, my former employer, has covered me for years under its Supplementary Medicare Program, a plan for retirees that included a special Writers Guild benefit capping my out-of-pocket prescription costs at $1,000 a year. That out-of-pocket limit is scheduled to expire on Jan. 1. So what will my Revlimid cost me next year?


The answers I got ranged from $20 a month to $17,000 a year. One of the first people I phoned said that no matter what I heard, I wouldn’t know the cost until I filed a claim in January. Seventy phone calls later, that may still be the most reliable thing anyone has told me.


Like around 47 million other Medicare beneficiaries, I have until this Friday, Dec. 7, when open enrollment ends, to choose my 2013 Medicare coverage, either through traditional Medicare or a private insurer, as well as my drug coverage — or I will risk all sorts of complications and potential late penalties.


But if a seasoned personal-finance journalist can’t get a straight answer to a simple question, what chance do most people have of picking the right health insurance option?


A study published in the journal Health Affairs in October estimated that a mere 5.2 percent of Medicare Part D beneficiaries chose the cheapest coverage that met their needs. All in all, consumers appear to be wasting roughly $11 billion a year on their Part D coverage, partly, I think, because they don’t get reliable answers to straightforward questions.


Here’s a snapshot of my surreal experience:


NOV. 7 A packet from Time Warner informs me that the company’s new 2013 Retiree Health Care Plan has “no out-of-pocket limit on your expenses.” But Erin, the person who answers at the company’s Benefits Service Center, tells me that the new plan will have “no practical effect” on me. What about the $1,000-a-year cap on drug costs? Is that really being eliminated? “Yes,” she says, “there’s no limit on out-of-pocket expenses in 2013.” I tell her I think that could have a major effect on me.


Next I talk to David at CVS/Caremark, Time Warner’s new drug insurance provider. He thinks my out-of-pocket cost for Revlimid next year will be $6,900. He says, “I know I’m scaring you.”


I call back Erin at Time Warner. She mentions something about $10,000 and says she’ll get an estimate for me in two business days.


NOV. 8 I phone Medicare. Jay says that if I switch to Medicare’s Part D prescription coverage, with a new provider, Revlimid’s cost will drive me into Medicare’s “catastrophic coverage.” I’d pay $2,819 the first month, and 5 percent of the cost of the drug thereafter — $563 a month or maybe $561. Anyway, roughly $9,000 for the year. Jay says AARP’s Part D plan may be a good option.


NOV. 9 Erin at Time Warner tells me that the company’s policy bundles United Healthcare medical coverage with CVS/Caremark’s drug coverage. I can’t accept the medical plan and cherry-pick prescription coverage elsewhere. It’s take it or leave it. Then she puts CVS’s Michele on the line to get me a Revlimid quote. Michele says Time Warner hasn’t transferred my insurance information. She can’t give me a quote without it. Erin says she will not call me with an update. I’ll have to call her.


My oncologist’s assistant steers me to Celgene, Revlimid’s manufacturer. Jennifer in “patient support” says premium assistance grants can cut the cost of Revlimid to $20 or $30 a month. She says, “You’re going to be O.K.” If my income is low enough to qualify for assistance.


NOV. 12 I try CVS again. Christine says my insurance records still have not been transferred, but she thinks my Revlimid might cost $17,000 a year.


Adriana at Medicare warns me that AARP and other Part D providers will require “prior authorization” to cover my Revlimid, so it’s probably best to stick with Time Warner no matter what the cost.


But Brooke at AARP insists that I don’t need prior authorization for my Revlimid, and so does her supervisor Brian — until he spots a footnote. Then he assures me that it will be easy to get prior authorization. All I need is a doctor’s note. My out-of-pocket cost for 2013: roughly $7,000.


NOV. 13 Linda at CVS says her company still doesn’t have my file, but from what she can see about Time Warner’s insurance plans my cost will be $60 a month — $720 for the year.


CVS assigns my case to Rebecca. She says she’s “sure all will be fine.” Well, “pretty sure.” She’s excited. She’s been with the company only a few months. This will be her first quote.


NOV. 14 Giddens at Time Warner puts in an “emergency update request” to get my files transferred to CVS.


Frank Lalli is an editorial consultant on retirement issues and a former senior executive editor at Time Warner’s Time Inc.



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As Companies Seek Tax Deals, Governments Pay High Price





In the end, the money that towns across America gave General Motors did not matter.




When the automaker released a list of factories it was closing during bankruptcy three years ago, communities that had considered themselves G.M.’s business partners were among the targets.


For years, mayors and governors anxious about local jobs had agreed to G.M.’s demands for cash rewards, free buildings, worker training and lucrative tax breaks. As late as 2007, the company was telling local officials that these sorts of incentives would “further G.M.’s strong relationship” with them and be a “win/win situation,” according to town council notes from one Michigan community.


Yet at least 50 properties on the 2009 liquidation list were in towns and states that had awarded incentives, adding up to billions in taxpayer dollars, according to data compiled by The New York Times.


Some officials, desperate to keep G.M., offered more. Ohio was proposing a $56 million deal to save its Moraine plant, and Wisconsin, fighting for its Janesville factory, offered $153 million.


But their overtures were to no avail. G.M. walked away and, thanks to a federal bailout, is once again profitable. The towns have not been so fortunate, having spent scarce funds in exchange for thousands of jobs that no longer exist.


One township, Ypsilanti, Mich., is suing over the automaker’s departure. “You can’t just make these promises and throw them around like they’re spare change in the drawer,” said Doug Winters, the township’s attorney.


Yet across the country, companies have been doing just that. And the giveaways are adding up to a gigantic bill for taxpayers.


A Times investigation has examined and tallied thousands of local incentives granted nationwide and has found that states, counties and cities are giving up more than $80 billion each year to companies. The beneficiaries come from virtually every corner of the corporate world, encompassing oil and coal conglomerates, technology and entertainment companies, banks and big-box retail chains.


The cost of the awards is certainly far higher. A full accounting, The Times discovered, is not possible because the incentives are granted by thousands of government agencies and officials, and many do not know the value of all their awards. Nor do they know if the money was worth it because they rarely track how many jobs are created. Even where officials do track incentives, they acknowledge that it is impossible to know whether the jobs would have been created without the aid.


“How can you even talk about rationalizing what you’re doing when you don’t even know what you’re doing?” said Timothy J. Bartik, a senior economist at the W.E. Upjohn Institute for Employment Research in Kalamazoo, Mich.


The Times analyzed more than 150,000 awards and created a searchable database of incentive spending. The survey was supplemented by interviews with more than 100 officials in government and business organizations as well as corporate executives and consultants.


A portrait arises of mayors and governors who are desperate to create jobs, outmatched by multinational corporations and short on tools to fact-check what companies tell them. Many of the officials said they feared that companies would move jobs overseas if they did not get subsidies in the United States.


Over the years, corporations have increasingly exploited that fear, creating a high-stakes bazaar where they pit local officials against one another to get the most lucrative packages. States compete with other states, cities compete with surrounding suburbs, and even small towns have entered the race with the goal of defeating their neighbors.


While some jobs have certainly migrated overseas, many companies receiving incentives were not considering leaving the country, according to interviews and incentive data.


Despite their scale, state and local incentives have barely been part of the national debate on the economic crisis. The budget negotiations under way in Washington have not addressed whether the incentives are worth the cost, even though 20 percent of state and local budgets come from federal spending. Lawmakers in Washington are battling over possible increases in personal taxes, while both parties have said that lower federal taxes on corporations are needed for the country to compete globally.


The Times analysis shows that Texas awards more incentives, over $19 billion a year, than any other state. Alaska, West Virginia and Nebraska give up the most per resident.


For many communities, the payouts add up to a substantial chunk of their overall spending, the analysis found. Oklahoma and West Virginia give up amounts equal to about one-third of their budgets, and Maine allocates nearly a fifth.


In a few states, the cost of incentives is not significant. But several of them have low business taxes — or none at all — which can save companies even more money than tax credits.


Far and away the most incentive money is spent on manufacturing, about $25.5 billion a year, followed by agriculture. The oil, gas and mining industries come in third, and the film business fourth. Technology is not far behind, as companies like Twitter and Facebook increasingly seek tax breaks and many localities bet on the industry’s long-term viability.


Those hopes were once more focused on automakers, which for decades have pushed cities and states to set up incentive programs, blazing a trail that companies of all sorts followed. Even today, G.M. is the top beneficiary, public records indicate. It received at least $1.7 billion in local incentives in the last five years, followed closely by Ford and Chrysler.


A spokesman for General Motors said that almost every major employer applied for incentives because they help keep companies competitive and retain or create jobs.


“There are many reasons why so many Ford, Chrysler and G.M. plants closed over the last few decades,” said the G.M. spokesman, James Cain. “But these factors don’t mean that the companies and communities didn’t benefit while the plants were open, which was often for generations.”


Mr. Cain cited research showing that the company received less money per job than foreign automakers operating in the United States.


Questioned about incentives, officials at dozens of other large corporations said they owed it to shareholders to maximize profits. Many emphasized that they employ thousands of Americans who pay taxes and spend money in the local economy.


For government officials like Bobby Hitt of South Carolina, the incentives are a good investment that will raise tax revenues in the long run.


“I don’t see it as giving up anything,” said Mr. Hitt, who worked at BMW in the 1990s and helped it win $130 million from South Carolina.


Today, Mr. Hitt is the state’s secretary of commerce. South Carolina recently took on a $218 million debt to assist Boeing’s expansion there and offered the company tax breaks for 10 years.


Mr. Hitt, like most political officials, has a short-term mandate. It will take years to see whether the state’s bet on Boeing bears fruit.


In Michigan, Gov. Rick Snyder, a Republican in his first term, has been working to eliminate most business tax credits but is bound by past awards. The state gave General Motors $779 million in credits in 2009, just a month after the company received a $50 billion federal bailout and decided to close seven plants in Michigan.


G.M. can use the credits to offset its state tax bill for up to 20 years. “You don’t know who will take a credit or when,” said Doug Smith, a senior official at the state’s economic development agency. “We may give a credit to G.M., and they might not take it for three years or 10 years or more.”


One corporate executive, Donald J. Hall Jr. of Hallmark, thinks business subsidies are hurting his hometown, Kansas City, Mo., by diverting money from public education. “It’s really not creating new jobs,” Mr. Hall said. “It’s motivated by politicians who want to claim they have brought new jobs into their state.”


For Mr. Hall and others in Kansas City, the futility of free-flowing incentives has been underscored by a border war between Kansas and Missouri.


Soon after Kansas recruited AMC Entertainment with a $36 million award last year, the state cut its education budget by $104 million. AMC was moving only a few miles, across the border from Missouri. Workers saw little change other than in commuting times and office décor. A few months later, Missouri lured Applebee’s headquarters from Kansas.


“I just shake my head every time it happens, it just gives me a sick feeling in the pit of my stomach,” said Sean O’Byrne, the vice president of the Downtown Council of Kansas City. “It sounds like I’m talking myself out of a job, but there ought to be a law against what I’m doing.”


Outgunned by Companies


For local governments, incentives have become the cost of doing business with almost every business. The Times found that the awards go to companies big and small, those gushing in profits and those sinking in losses, American companies and foreign companies, and every industry imaginable.


Workers are a vital ingredient in any business, yet companies and government officials increasingly view the creation of jobs as an expense that should be subsidized by taxpayers, private consultants and local officials said.


Even big retailers and hotels, whose business depends on being in specific locations, bargain for incentives as if they can move anywhere. The same can be said for many movie productions, which almost never come to town without local subsidies.


When Oliver Stone made the 2010 sequel to “Wall Street,” in his mind there was only one place to shoot it: New York City. Nonetheless, the film, a scathing look at bankers’ greed, received $10 million in tax credits, according to 20th Century Fox.


In an interview, Mr. Stone criticized subsidies for industries like banking and agriculture but defended them for Hollywood, saying that many movies can be shot anywhere and that their actors and crew members pay state income taxes. “It’s good,” Mr. Stone said of the film subsidies. “Or like basically the way business is done. I don’t understand what the moral qualm is.”


The practical consequences can be easily seen. The Manhattan Institute for Policy Research, a conservative group, found that the amount New York spends on film credits every year equals the cost of hiring 5,000 public-school teachers.


Nationwide, billions of dollars in incentives are being awarded as state governments face steep deficits. Last year alone, states cut public services and raised taxes by a collective $156 billion, according to the Center on Budget and Policy Priorities, a liberal-leaning advocacy group.


Incentives come in many forms: cash grants and loans; sales tax breaks; income tax credits and exemptions; free services; and property tax abatements. The income tax breaks add up to $18 billion and sales tax relief around $52 billion of the overall $80 billion in incentives.


Collecting data on property tax abatements is the most difficult because only a handful of states track the amounts given by cities and counties. Among them is New York, where businesses save an estimated $1.1 billion a year in property taxes. The American International Group, the insurance company at the center of the 2008 financial crisis, continued to benefit from a $23.8 million abatement from New York City at the same time it was being bailed out with $180 billion in federal money.


Since 2000, The New York Times Company has received more than $24 million from the city and state.


In some places, local officials have little choice but to answer the demands of corporations.


“They dictate their terms, and we’re not really in a position to question their deal terms,” Sarah Eckhardt, a commissioner in Travis County, Tex., said of companies she has dealt with recently, including Apple and Hewlett-Packard. “We don’t have the sophistication or the resources to negotiate with a company that has the wherewithal the size of a country. We are just no match in negotiating with that.”


Local officials can find themselves across the table from conglomerates like Shell Oil and Caterpillar, the world’s largest maker of construction equipment.


Shell has been offered a tax credit worth as much as $1.6 billion over 25 years from Pennsylvania, which competed with West Virginia and Ohio for an energy production facility. Royal Dutch Shell, the parent company, made $31 billion in profits in 2011 — about $3.5 million every hour. The company’s chief executive made $13.1 million last year, according to Equilar, an executive compensation firm. Pennsylvania predicts that the plant will create thousands of long-term jobs, but it did not require them in exchange for the tax credit.


Caterpillar has received more than $196 million in local aid nationwide since 2007, though it has chastised states, particularly its home base, Illinois, for not being business-friendly. This year, Caterpillar announced a new plant in Georgia, which offered $44 million in incentives. Local counties chipped in free land and other aid, including $15 million in tax breaks and $8.2 million in road, water and sewer repairs.


The company, whose profits are soaring, recently froze workers’ pay for six years at several locations, arguing that it needed to remain competitive. A spokesman for the company, Jim Dugan, said it employed more than 50,000 people and invested billions of dollars nationwide.


Local officials typically have scant information about the track record of corporations, like whether they lived up to job assurances elsewhere. And some officials acknowledged that they did not know to what extent incentives were a deciding factor for companies.


“I don’t know that there’s a way to know other than talking to the businesses, and the businesses telling us that that was a factor in creating jobs,” said Ken Striplin, the city manager of Santa Clarita, Calif., which gives tax breaks in a designated enterprise zone. “There’s no box that says ‘I would have created this job without the enterprise zone.’ ”


California is one of the few states that have been cutting back on incentives. But that does not mean its cities are following suit. When Twitter threatened to leave San Francisco last year, officials scrambled to assuage the company.


Twitter was not short on money — it soon received a $300 million investment from a Saudi prince and $800 million from a private consortium. The two received Twitter equity, but San Francisco got a different sort of deal.


The city exempted Twitter from what could total $22 million in payroll taxes, and the company agreed to stay put. The city estimates that Twitter’s work force could grow to 2,600 employees, although the company made no such promise.


A Twitter spokeswoman said the company was “very happy to have been able to stay in San Francisco.” City officials did not respond to inquiries.


Like many places, San Francisco has been cutting its budget. Public parks have lost about $12 million in recent years, though workers at Twitter will not lack for greenery. The company’s plush new office has a rooftop garden with great views and amenities. Enjoying the perks, one employee sent out a tweet: “Tanned on Twitter’s new roof deck this morning as some dude served me smoothie shots. This is real life?”


A Zero-Sum Game


It was the company every state had to have. In 1985, General Motors was looking for a spot to manufacture its Saturn, a new compact car that would compete with Japanese imports and create thousands of American jobs.


Incentives were not in wide use, and several states had only recently begun to allow more of them.


In fact, when G.M. announced the search, its chairman, Roger Smith, said the perks would not be a predominant factor. “Tax breaks can’t make a silk purse out of a sow’s ear,” Mr. Smith told The Detroit Free Press. He said G.M. planned to avoid states that had large debts or lackluster schools.


Undeterred, some 30 states stepped forward in what became a full-out competition. One official, Bill Clinton, then the governor of Arkansas, traveled to Detroit offering income tax credits and sales tax exemptions worth nearly $200 million.


Mr. Smith essentially kept his word and chose Tennessee, which had put together a relatively small package. Reid Rundell, a retired G.M. executive, said in a recent interview that it had come down to geography. “The primary factor was distribution for incoming parts, as well as outgoing vehicles,” Mr. Rundell said.


But the gates had been opened. In 1992, South Carolina lured BMW with a $130 million package; the next year, Alabama got Mercedes-Benz at a price tag that topped $300 million.


“What the auto incentives did back then was really raise the profile of economic incentives both within companies, in government and in the public’s eye,” said Mark Sweeney, who worked for the South Carolina Commerce Department in the 1990s and now advises companies on obtaining government grants.


By 1993, governors were regaling one another at a national conference with stories of deals beyond the auto industry, including a recent bidding war for United Airlines that drew more than 90 cities. The airline had set up negotiations in a hotel, and its representatives ran floor to floor comparing bids, said Jim Edgar, then the governor of Illinois.


Mr. Edgar said he had called for a truce, concerned that the practice was unfair to companies that did not receive incentives. But many states would not sign on, he said, particularly those in the South, where businesses were moving.


“If you’ve got some states doing it, it’s hard for the others not to do it,” Mr. Edgar said. “It’s like unilaterally disarming.”


Soon after, economists at Federal Reserve branches were questioning the use of incentives. One, in Minnesota, used mathematical proofs and game theory to show that competition between states did not increase overall economic value. Several other economists have since called the practice a zero-sum game.


A group of taxpayers in Michigan and Ohio went as far as suing DaimlerChrysler after Ohio and the City of Toledo awarded the automaker $280 million in the late 1990s. The suit argued that it was unfair for one taxpayer to be given a break at the expense of all others.


The suit made its way to the Supreme Court, and G.M. and Ford signed on to briefs supporting Daimler, as did local governments. The National Governors Association warned the court that prohibiting incentives could lead to jobs moving overseas. “This is the economic reality,” the association said in a brief.


The governors offered no hard evidence of the effectiveness of tax credits, but the Supreme Court did not consider whether they worked anyway. In 2006, the court concluded that the taxpayers did not have the legal standing to challenge Ohio’s tax actions in federal court.


The tab for auto incentives has grown to $13.9 billion since 1985, according to the Center for Automotive Research, a nonprofit group in Ann Arbor, Mich. G.M., the top recipient, was awarded $3.3 billion of the aid. Since 1979, automakers also closed more than 267 plants in the United States, about half of which still sit empty, according to the center.


The auto industry and some local officials have long argued that auto companies create so many jobs and draw in so many supporting suppliers that all taxpayers benefit. Even if companies shut down years later, as Saturn did in Tennessee for a few years, the trade-off is worth it, they said.


“I do believe that if a state ever is going to create incentives,” said Lamar Alexander, who was Tennessee’s governor in 1985 when Saturn selected the state, “the auto industry would be by far the No. 1 target, because an auto assembly plant is a money target.”


Still, Mr. Alexander, now a United States senator, said that recruiting a large factory today would be more expensive. “It has changed a lot,” he said. “It’s almost become a sweepstakes.”


G.M. Gets Into the Act


G.M. may have initially minimized the role of local dollars, but as the company’s financial problems grew, incentives became a big part of its math.


The actions of the company were described in more than two dozen in-depth interviews with former company officials, tax consultants and governors and mayors who have dealt with G.M.


The automaker’s real estate division, Argonaut Realty, oversaw the hunt for the most lucrative deals. Up and down the corporate ladder, employees were encouraged to push governments for more, according to transcripts of public meetings and interviews. Even G.M. plant managers knew that the future of their facilities depended in part on their ability to send word of big discounts back to Detroit.


Union representatives were enlisted to attend local hearings, putting a human face on the jobs at stake. G.M.’s regional tax managers often showed up, armed with tax abatement wish lists and highlighting the company’s gifts to local charities.


“We knew what our investment of X amount meant to the community, and we knew we needed to partner with the community to be successful,” said Marilyn P. Nix, who worked as a real estate executive at G.M. for 31 years until retiring in 2005.


At the top of G.M., executives reviewed the proposals from various locations and went where the numbers added up.


“I know people like to blame the industry for taking advantage of the incentives, but you go back to what your fiduciary responsibility is to the stockholders,” Ms. Nix said. “As long as you’ve got people that are willing to better the deals, the management owes it to their stockholders to try to get the best economic deal that they can.”


For towns, it became a game of survival, even if the competition turned out to be a mirage.


Moraine, Ohio, was already home to a G.M. plant in 1997 when the company pushed hard for additional incentives. G.M. said it was looking for a place to accommodate more manufacturing.


Wayne Barfels, the city manager at the time, said a G.M. representative had told officials that Moraine was competing with Shreveport, La., and Linden, N.J. After the local school board approved property tax breaks, The Dayton Daily News reported that the other towns had not been in discussions with G.M.


The school board considered rescinding the deal, but allowed G.M. to keep it after a company official apologized. In 2008, G.M. shut the Moraine facility.


In towns where General Motors remains, local officials praised the company. “I can say they have been a great partner to us,” said Virg Bernero, the mayor of Lansing, Mich. “It would do something to the psyche of this community if they were not here. I mean, I just praise God every day.”


Looking to lure businesses beyond automakers, states have routinely bolstered their incentive tool kits. In 2010 alone, states created or expanded about 40 tax credits and exemptions, according to the National Conference of State Legislatures.


The nature of the credits has also changed. New ones are geared toward attracting technology and green energy companies, but it is hard to know whether 15 years down the road they will thrive or wind up stumbling like the automakers. And many modern companies, like those in digital technology, can easily pack up and leave.


“I don’t see anything that suggests that Twitter and Facebook are better bets in the long run,” said Laura A. Reese, the director of the Global Urban Studies Program at Michigan State University. Ms. Reese advises local governments to invest in residents through education and training rather than in companies where “it’s hard to pick winners.”


Yet states try to do it all the time. In 2010, Rhode Island, which has the nation’s second-highest unemployment rate, recruited Curt Schilling, a former Red Sox pitcher, to move his video game company from Massachusetts. The company, 38 Studios, had never released a game and was not making money, but the governor at the time had the state guarantee $75 million in loans.


The company failed and dismissed all of its roughly 400 workers this May. Rhode Island taxpayers are now on the hook for the loans.


Officials said part of the difficulty was that communities do not get much say in a company’s business strategy.


“We, as communities, stake our futures with these people who are supposed to know what they’re doing, and sometimes they don’t,” said Arthur Walker, a businessman in Shreveport and former chairman of the city’s chamber of commerce.


Mr. Walker and other officials in Shreveport know firsthand. In 2000, they were worried that G.M. would close a plant in their area and responded with a generous proposal: the city would cut the company’s gas bill and provide work force training grants. In addition, G.M. would benefit by a recent increase in one of the state’s income tax credits.


Eager to encourage innovation, Shreveport officials suggested ways the city could assist G.M. in building electric cars. “We wanted to be part of the future,” said Mr. Walker, whose brother worked at the plant.


G.M. took the city’s incentives but not its business advice and began building the giant Hummer there.


“We knew they needed to build green cars — I mean, who builds a Hummer for the 21st century?” Mr. Walker said. “It was a losing proposition that we found ourselves in. We couldn’t win because those people weren’t making the correct business decisions, in my view. When it didn’t work, we’re the ones left holding the bag.”


The Hummer was discontinued in 2010, and the Shreveport factory closed this August, the final victim of G.M.’s bankruptcy.


Ypsilanti’s Losing Battle


For much of the last 20 years, Doug Winters has been agitating for General Motors to be held accountable.


Mr. Winters, the attorney for Ypsilanti Township and several other places around Ann Arbor, has lived in Ypsilanti all his life. His grandmother labored at the local plant, Willow Run, during World War II, when it made bomber planes. People in town still proudly point out that a woman known as Rosie the Riveter worked there as well. After the war, when G.M. moved into the plant to manufacture its automatic transmission system, his father got a job.


Mr. Winters loves the history of Willow Run but hates what he views as corporate hypocrisy: G.M. asked for government help on the one hand and then appealed to free-market rationales for closing shop.


Over the years, Ypsilanti granted G.M. more than $200 million in incentives for two factories at Willow Run, Mr. Winters said. “They had put basically a stranglehold on the entire state of Michigan and other places across the country by just grabbing these tax abatements by the billions,” he said. “They were doing it with a very thinly disguised threat that if you don’t give us these tax abatements, then we’ll have to go somewhere else.”


Ypsilanti first sued G.M. in the 1990s to prevent the company from closing the factory at Willow Run that made the Chevrolet Caprice.


The town had granted the company tax incentives after the factory manager argued that G.M.’s ability to compete with other carmakers was at stake, documents in the lawsuit show. The tax break and “favorable market demand,” said the plant manager, Harvey Williams, would allow the automaker to “maintain continuous employment.”


Nevertheless, G.M. shut the factory. A lower court found in favor of Ypsilanti, but the ruling was reversed on appeal. The judge said that a company’s job assurances “cannot be evidence of a promise.”


In 2010, when the company closed the remaining factory at Willow Run, Mr. Winters sued again. This time, Ypsilanti argued that the automaker should have been forced to close overseas factories instead, especially since American taxpayers had bailed out G.M. In addition, Ypsilanti sought to recover money from G.M., saying the company had agreed to reimburse the town for some incentives if it left.


So far, Ypsilanti’s claims have not been addressed. They were complicated by G.M.’s bankruptcy, which allowed the carmaker to emerge as a new company and leave some of its liabilities and contractual obligations behind.


When asked whether the new G.M. has civic responsibilities to its former factory towns, Mr. Cain, the company spokesman, said: “Our obligation to the communities where we do business is to run a successful business. And when we prosper, it allows us to do more than just turn the lights on and make cars.”


He also said that since the bailout, “G.M. has invested more than $7.3 billion in its U.S. facilities, and we’ve created or retained almost 19,000 jobs in communities all over the country.”


Matthew P. Cullen, who oversaw real estate and economic development for G.M. until he left the company in 2008, said the automaker was aware of its impact on communities. He said that what happened with G.M. was the result of an entire industry changing and that there had been no bad intentions.


“If you go forward in good faith doing everything you can and make the investment, then you’re partners,” Mr. Cullen said. “Sometimes partnerships in business work, and they work for 60 years. And in some cases, they don’t, and it doesn’t make you a bad partner.”


Some towns that are still dealing with the fallout of plant closings might disagree. In Pontiac, Mich., tax revenues have fallen 40 percent since 2009 after the old G.M. knocked down buildings on its property, resulting in lower tax assessments, according to the city’s emergency manager.


In Ypsilanti, an entity set up to sell off G.M. property is marketing the plant as valuable. At the same time, it has been arguing for lower property taxes on the grounds that its plant is not worth much.


Ypsilanti’s supervisor, Brenda Stumbo, said the township would be stung hard by further revenue cuts. Ypsilanti has already slimmed down its Fire Department, and city workers are juggling multiple jobs. There are seven to 10 home foreclosures a week, giving the township the highest foreclosure rate in the county, Ms. Stumbo said.


“Can all of it be traced back to General Motors?” she said, listing auto suppliers that closed after G.M. did. “No, but a great deal of it can.”


Nonetheless, Ms. Stumbo said that if G.M. would bring jobs back to town, she would be willing to grant the company more incentives.


But Mr. Winters is not so sure. He said he would never support more incentives without stronger protections for Ypsilanti. “They’ve done a lot of damage to a lot of people and a lot of communities, and they’ve basically been given a clean slate,” he said. “It’s a ‘get out of jail free’ card.”

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Student scores may be used in LAUSD teacher ratings









After months of tense negotiations, leaders of the Los Angeles Unified School District and its teachers union have tentatively agreed to use student test scores to evaluate instructors for the first time, officials announced Friday.


Under the breakthrough agreement, the nation's second-largest school district would join Chicago and a growing number of other cities in using test scores as one measure of how much teachers help their students progress academically in a year.


Alarm over low student performance, especially in impoverished and minority communities, has prompted the Obama administration and others to press school districts nationwide to craft better ways to identify struggling teachers for improvement.





The Los Angeles pact proposes to do that using a unique mix of individual and schoolwide testing data — including state standardized test scores, high school exit exams and district assessments, along with rates of attendance, graduation and suspensions.


But the tentative agreement leaves unanswered the most controversial question: how much to count student test scores in measuring teacher effectiveness. The school district and the union agreed only that the test scores would not be "sole, primary or controlling factors" in a teacher's final evaluation.


"It is crystal clear that what we're doing is historic and very positive," said L.A. Supt. John Deasy, who has fought to use student test scores in teacher performance reviews since taking the district's helm nearly two years ago. "This will help develop the skills of the teaching profession and hold us accountable for student achievement."


Members of United Teachers Los Angeles, however, still need to ratify the agreement. Many teachers have long opposed using test scores in their evaluations, saying test scores are unreliable measures of teacher ability.


The union characterized the agreement as a "limited" response to a Dec. 4 court-ordered deadline to show that test scores are being used in evaluations and said negotiations were continuing for future academic years. The deadline was imposed by Los Angeles County Superior Court Judge James C. Chalfant, who ruled this year that state law requires L.A. Unified to use test scores in teacher performance reviews.


In a statement, the teachers union also emphasized that the agreement rejected the use of the district's method of measuring student academic progress for individual instructors. That measure, called Academic Growth Over Time, uses a mathematical formula to estimate how much a teacher helps students' performance, based on state test scores and controlling for such outside factors as income and race. Under the agreement, however, schoolwide scores using this method, also known as a value-added system, will be used.


For individual teachers, the agreement proposes to use raw state standardized test score data. Warren Fletcher, teachers union president, said that data give teachers more useful information about student performance on specific skills.


Critics of using test scores in teacher reviews praised Los Angeles' proposed new system, saying it uses a wide array of data to determine a teacher's effect on student learning.


Deasy said he will be developing guidelines for administrators on how to use the mix of data in teacher reviews and has said in the past that test scores should not count for more than 25% of the final rating.


"This is a complex agreement and possibly the most sophisticated evaluation agreement that I have seen," said Diane Ravitch, an educational historian and vocal critic of the use of test scores in teacher evaluations. "It assures that test scores will not be overused, will not be assigned an arbitrary and inappropriate weight, will not be the sole or primary determinant of a teacher's evaluation."


Teacher Brent Smiley at Lawrence Middle School in Chatsworth said: "I will vote yes. I have no doubt that my union leaders negotiated the best they could, given the adverse set of circumstances they faced."


Labor-relations expert Charles Kerchner called the agreement "a shotgun wedding," but added, "I think it's unabashed good news."


He said it's notable that value-added measures and test scores have been accepted in some form by the teachers union.


"UTLA has moved beyond a strategy of just saying no to a strategy of trying to craft a useful agreement," said Kerchner, a professor at Claremont Graduate University.


The district is currently developing a new evaluation system that uses Academic Growth Over Time — along with a more rigorous classroom observation process, student and parent feedback and a teacher's contributions to the school community. The new observations were tested last year on a voluntary basis with about 450 teachers and 320 administrators; this year, every principal and one volunteer teacher at each of the district's 1,200 schools are expected to be trained.


The teachers union has filed an unfair labor charge against the district, arguing that the system is being unilaterally imposed without required negotiations.


Some teachers who have participated in the new observation process say it offers more specific guidance on how they can improve. Other educators — teachers and administrators alike — complain that it is too time-consuming.


The tentative agreement, acknowledging the extra time the new evaluations would take, would extend the time between evaluations from two to as long as five years for teachers with 10 or more years of experience.


Bill Lucia of EdVoice, the Sacramento-based educational advocacy group that brought the lawsuit, said he was "cautiously optimistic."


But he expressed dismay that the union did not reach agreement a few weeks earlier, which he said would have given L.A. Unified a shot at a $40-million federal grant. The district applied for the Race to the Top grant without the required teacher union support and was eliminated from the competition this week.


Negotiations over the tentative pact, however, nearly fell apart. Earlier this week, the union pulled away from the deal on the table, L.A. Unified officials said. And the district discussed holding a Monday emergency school-board meeting to craft a formal response to the court order in anticipation that no deal would be reached. The options included adopting an evaluation system without the union's consent.


Some members of the Board of Education, who also will need to approve the pact, praised the agreement for taking student growth and achievement into account but gauging this growth through multiple measures. Steve Zimmer said that, just as important, this milestone was achieved through negotiation.


School board President Monica Garcia praised the tentative deal as "absolutely, by all accounts, better than what we have today."


teresa.watanabe@latimes.com


howard.blume@latimes.com





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The Cow Jumped Over the Moon (1957)



In June 1957, launch of the civilian U.S. Vanguard scientific satellite (image at top of post) was thought imminent. That month, Krafft Ehricke and George Gamow wrote in Scientific American magazine that, after Vanguard reached low-Earth orbit, the moon, 238,000 miles away, would be “the next interesting target in space.” They estimated that, with “luck and sufficient effort,” a U.S. automated probe could reach the moon by 1963.


Ehricke and Gamow proposed a design for such a probe, which they inelegantly dubbed “Cow” in tribute to the moon-jumping nursery rhyme character. Cow would have a mass of between 400 and 800 pounds. A 100-foot-tall, 120-ton rocket would boost it to a speed of 23,827 miles per hour on a path toward the moon. If the Earth existed in isolation, Cow would then enter an elliptical orbit around the Earth taking it 280,000 miles out into space – that is, about 45,000 miles beyond the moon. The gravitational attraction of the moon and Sun meant, however, that Cow would follow a “distorted” path to a point 1281 miles from the moon 75.6 hours after launch. The probe would then swing around the moon, collecting data all the while, and fall back to Earth.


Cow would strike Earth’s atmosphere moving at 25,000 miles per hour 157 hours after launch. Though high-speed reentry would drive Cow’s skin temperature to 5000° C, Ehricke and Gamow maintained that “preventing the capsule from burning up by means of insulation and a cooling system” would not be “technically prohibitive.” This would enable recovery of high-quality photographic film images and other recorded data.


Ehricke and Gamow then proposed an explosive follow-on mission that would employ two probes launched on a “Cow-type” trajectory. The lead probe would drop an atomic bomb on the moon, blasting a debris cloud far into space; then, through “a miracle of electronic guidance,” the trailing probe would “dive into the cloud, collect some of the spray and emerge from its dive by means of an auxiliary jet.” It would then fall to Earth bearing its precious cargo of lunar material. This was one of a host of U.S. and Soviet proposals to explode nuclear weapons on the lunar surface put forward in the late 1950s/early 1960s, none of which reached fruition.



On 4 October 1957, the Soviet Union launched the first Earth satellite. Though the Soviets had announced two years previously that they aimed to launch a satellite, few in the West had taken them seriously. A second satellite, Sputnik 2, reached orbit with the dog Laika on board on November 3, 1957.


The first Vanguard launch attempt, designated TV3, ended in a nationally televised launch pad explosion on 6 December 1957, heaping humiliation upon humiliation. President Dwight Eisenhower, eager to calm American anxiety about Soviet technological prowess, decided not to rely solely on Vanguard. He authorized the U.S. Army rocket team under Wernher von Braun to prepare to launch a satellite as work toward the next Vanguard launch attempt proceeded. Citing technical difficulties (a fault in the Vanguard rocket’s second-stage engine), the Vanguard TV-3BU mission stood down on January 26, 1958, clearing the way for an Army Juno I rocket to launch Explorer 1, the first U.S. Earth satellite, on 31 January 1958.


The first Vanguard satellite to reach orbit left Earth on March 17, 1958. The 3.2-pound satellite, which ceased operating in 1964, remains in Earth orbit. Sputnik 1, Sputnik 2, and Explorer 1 have long since reentered the atmosphere and been destroyed, making Vanguard 1 the oldest artificial object orbiting Earth.



In August 1958, the U.S. and U.S.S.R. began to launch probes toward the moon. The Soviet Luna 2 probe became the first human-made object to strike the moon (13 September 1959) and Luna 3 imaged the moon’s hidden Farside (6 October 1959). No spacecraft would follow Ehricke and Gamow’s Cow-type trajectory until the Soviet Zond 5 (an unmanned test of a manned circumlunar spacecraft) in September 1967, and none would return samples of lunar surface material until the first manned moon landing (Apollo 11, 16-24 July 1969).


Reference:


A Rocket Around the Moon, K. Ehricke and G. Gamow, Scientific American, Volume 196, Number 6, June 1957, pp. 47-53.


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Dolly Parton talks dreams, love, plastic surgery












NEW YORK (Reuters) – Although Dolly Parton has cemented her place in country and popular music, pop culture, and as an entrepreneur and philanthropist, she still, on occasion, gets nervous.


Her new book, “Dream More: Celebrate the Dreamer in You” encourages readers to overcome their fears, believe in their passions and keep taking risks.












The “I Will Always Love You” singer/songwriter, 66, who has written more than 3,000 songs and sold more than 100 million records, talked to Reuters about the message of the book, which was published this week.


Q. You say you put off writing this book?


A. “It’s just a simple little book. It’s not meant to save the world, or it’s not a complete book of how to be successful, but I think there is enough stuff in it for people to see kinda how I conduct my business and kinda what my thoughts are. And the good part is that all the money, if it sells good, goes to Imagination Library.”


Q. Right – your nonprofit quest to get kids to read?


A. “It’s one of the reasons I wanted to write this too, because I usually do concerts every year, for the foundation to make money to afford a lot of books, but I am not on tour now.”


Q. Talk about your 2009 commencement address at the University of Tennessee. Were you nervous?


A. “Well, yes, when I am out of my element doing things. I am not that educated and I didn’t go that far in school and I thought, ‘What am I going to say to these educated people, not just these kids who have just graduated college and are probably brilliant, but all these professionals and all these teachers?’ And I thought, ‘Oh, I am not smart enough’, but I thought, ‘Well, at least I am a hometown girl. At least they can see that in America, you can start from humble beginnings, that everybody can make it.”


Q. Which is one of the book’s messages, overcoming fears?


A. “Any time I am in a situation where I am just not comfortable, I am uneasy, but that doesn’t mean I won’t go on with it, just like the speech. And that I won’t be good at it, but there are just some things I would prefer not to do!”


Q. Success doesn’t equal happiness, yet you seem so hopeful and modest?


A. “I am always hopeful as a person, I have been since I was little…I really want things to be good. As I mention in the book, I wake up everyday expecting it to be good, and if it is not, then I try to set about changing it before I go to sleep at night.”


Q. Would you describe yourself as religious or spiritual?


A. “Just spiritual, I am not religious. Although I grew up in a very religious family, but…I am no fanatic by any stretch of the word, and I am no angel, believe me. I wrote a song called ‘The Seeker’ many, many years ago, and it says ‘I am a seeker, just a poor sinful creature, there is no one weaker than I am.’


“People say, ‘What do you regret?’ I say, ‘I can’t say that I regret anything because at the time I was doing it, whatever it was, it seemed to be the thing to be doing at the time.’


“I have a good friend base, I have a good husband. So I have a lot of things and people who help me and guide me. I have never had to go to a psychiatrist, but I would if I thought that I needed to.


Q. But we are in New York, Dolly! No psychiatrist?


A. “Well yes (laughs), I guess not. But I do that in my songs, I write my feelings out and then I have such a strong faith and then I have such good friends. I am very close to several of my sisters, and we just talk about everything and anything….And my best friend Judy, there is nothing I can’t tell her, even if it is the awful-est thing in the world.”


Q. You recently had to deny gay rumors. Who is your greatest love?


“My husband is my greatest love, I have been with him 48 years…He is my best buddy.”


Q. Why do you think people always wonder about him?


A. “They don’t think he really exists! When I was doing my show, we were thinking about having a different guy knock on the door every night, as my husband, and then one night he would be a midget, and one night he would be a black man, and one night he would be like a boxer or a wrestler, all these different things that people imagine what my husband looks like.”


Q. You say that looking so artificial works for you, as it lets you prove how real you are. Why all the plastic surgery?


A. “Because I need it. Why does anybody get it?”


Q. Why do you think you need it?


A. “Because I am in show business. I am not a natural beauty. And I am on camera all the time. And I just always see, like if I need – Oh take one of my chins off, at least! – Or whatever. I mean, I don’t go to extremes with it. I just do little bits and pieces, just to try and keep things touched up, just tweaking.”


(Reporting by Christine Kearney, editing by Jill Serjeant and Carol Bishopric)


Music News Headlines – Yahoo! News


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First marine wilderness in continental U.S. is designated









The federal government cleared the way Thursday for waters off the Northern California coast to become the first marine wilderness in the continental United States, ending a contentious political battle that pitted a powerful U.S. senator against the National Park Service.


Interior Secretary Ken Salazar settled the dispute by refusing to extend a permit for a commercial oyster farm operating in Point Reyes National Seashore. Congress designated the area as potential wilderness in 1976 but put that on hold until the farm's 40-year federal permit ended.


As the expiration date approached, the farm became the center of a costly and acrimonious fight that dragged on more than four years, spawned federal investigations and cost taxpayers millions of dollars to underwrite scores of scientific reviews.





"I believe it is the right decision for Point Reyes National Seashore and for future generations who will enjoy this treasured landscape," Salazar said Thursday. The area includes Drakes Estero, an environmentally rich tidal region where explorer Sir Francis Drake is believed to have made landfall more than 400 years ago.


Salazar's decision drew a sharp response from Sen. Dianne Feinstein, who had championed the Drakes Bay Oyster Co. in its fight with the government. Feinstein said in a statement that she was "extremely disappointed" with Salazar's decision.


She had argued that the National Park Service contorted scientific studies to make the case that oyster harvesting operations caused environmental harm to Drakes Estero, a dramatic coastal sweep of five bays in Marin County north of San Francisco.


"The National Park Service's review process has been flawed from the beginning with false and misleading science," her statement said. "The secretary's decision effectively puts this historic California oyster farm out of business. As a result, the farm will be forced to cease operations and 30 Californians will lose their jobs."


Feinstein had attached a rider to an appropriations bill giving Salazar the unusual prerogative to extend the farm's permit. The company was seeking a 10-year extension of its lease.


Salazar said he gave the matter serious consideration, including taking into account legal advice and park policies. He directed the park service to develop a jobs-training plan for the oyster company's employees and to work with the local community to assist them in finding employment.


The company will have 90 days to remove its racks and other property from park land and waters. When that occurs, the 2,500-acre Drakes Estero will be managed as wilderness, with prohibitions on motorized access to the waterway but allowances for snorkeling, kayaking and other recreation.


The new wilderness will become only the second marine protected area in the national park system and the first in the Lower 48 states. The only current marine wilderness is 46,000 acres in Alaska's Glacier Bay National Park and Preserve.


Environmental groups applauded the decision, which they lobbied for.


"We are ecstatic that this ecological treasure will be forever protected as marine wilderness," said Amy Trainer, executive director of the Environmental Action Committee of West Marin.


The heart of the debate is an agreement that Kevin Lunny and his family inherited when they took over a failing oyster operation in the park in 2004. That lease with the park service stipulated that the business would cease operations in 2012.


Kevin Lunny has from the beginning sought to stay on the property and continue harvesting oysters. His farm has an extensive record of violating state and federal agreements and permits. The California Coastal Commission has fined the farm for various violations, issued two cease and desist orders and repeatedly requested that the Lunnys acquire a coastal development permit.


The state agency initiated another enforcement action against the farm earlier this month.


Lunny could not be reached for comment.


The farm's mariculture operation has found support among west Marin County's advocates for sustainable agriculture, who agreed with Lunny that federal and state agencies were unfairly hounding his operation.


His travails have caused alarm among the historic cattle and dairy ranches that operate within the national seashore in a designated pastoral zone. Park officials have repeatedly said they have no intention of curtailing ranching operations, and Salazar echoed that, adding that he wished to extend the terms of the ranch leases from 10 to 20 years.


The Lunny family also has a cattle operation in the park.


julie.cart@latimes.com





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Adkins explains Confederate flag earpiece












NEW YORK (AP) — Trace Adkins wore an earpiece decorated like the Confederate flag when he performed for the Rockefeller Center Christmas Tree Lighting but says he meant no offense by it.


Adkins appeared with the earpiece on a nationally televised special for the lighting on Wednesday. Some regard the flag as a racist symbol and criticized Adkins in Twitter postings.












But in a statement released Thursday, the Louisiana native called himself a proud American who objects to any oppression and says the flag represents his Southern heritage.


He noted he’s a descendant of Confederate soldiers and says he did not intend offense by wearing it.


Adkins — on a USO tour in Japan — also called for the preservation of America’s battlefields and an “honest conversation about the country’s history.”


___


Online:


http://www.traceadkins.com


Entertainment News Headlines – Yahoo! News


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Medicare Is Faulted in Electronic Medical Records Conversion





The conversion to electronic medical records — a critical piece of the Obama administration’s plan for health care reform — is “vulnerable” to fraud and abuse because of the failure of Medicare officials to develop appropriate safeguards, according to a sharply critical report to be issued Thursday by federal investigators.







Mike Spencer/Wilmington Star-News, via Associated Press

Celeste Stephens, a nurse, leads a session on electronic records at New Hanover Regional Medical Center in Wilmington, N.C.







Centers for Medicare and Medicaid Services

Marilyn Tavenner, acting administrator for Medicare.






The use of electronic medical records has been central to the aim of overhauling health care in America. Advocates contend that electronic records systems will improve patient care and lower costs through better coordination of medical services, and the Obama administration is spending billions of dollars to encourage doctors and hospitals to switch to electronic records to track patient care.


But the report says Medicare, which is charged with managing the incentive program that encourages the adoption of electronic records, has failed to put in place adequate safeguards to ensure that information being provided by hospitals and doctors about their electronic records systems is accurate. To qualify for the incentive payments, doctors and hospitals must demonstrate that the systems lead to better patient care, meeting a so-called meaningful use standard by, for example, checking for harmful drug interactions.


Medicare “faces obstacles” in overseeing the electronic records incentive program “that leave the program vulnerable to paying incentives to professionals and hospitals that do not fully meet the meaningful use requirements,” the investigators concluded. The report was prepared by the Office of Inspector General for the Department of Health and Human Services, which oversees Medicare.


The investigators contrasted the looser management of the incentive program with the agency’s pledge to more closely monitor Medicare payments of medical claims. Medicare officials have indicated that the agency intends to move away from a “pay and chase” model, in which it tried to get back any money it has paid in error, to one in which it focuses on trying to avoid making unjustified payments in the first place.


Late Wednesday, a Medicare spokesman said in a statement: “Protecting taxpayer dollars is our top priority and we have implemented aggressive procedures to hold providers accountable. Making a false claim is a serious offense with serious consequences and we believe the overwhelming majority of doctors and hospitals take seriously their responsibility to honestly report their performance.”


The government’s investment in electronic records was authorized under the broader stimulus package passed in 2009. Medicare expects to spend nearly $7 billion over five years as a way of inducing doctors and hospitals to adopt and use electronic records. So far, the report said, the agency has paid 74, 317 health professionals and 1,333 hospitals. By attesting that they meet the criteria established under the program, a doctor can receive as much as $44,000 for adopting electronic records, while a hospital could be paid as much as $2 million in the first year of its adoption. The inspector general’s report follows earlier concerns among regulators and others over whether doctors and hospitals are using electronic records inappropriately to charge more for services, as reported by The New York Times last September, and is likely to fuel the debate over the government’s efforts to promote electronic records. Critics say the push for electronic records may be resulting in higher Medicare spending with little in the way of improvement in patients’ health. Thursday’s report did not address patient care.


Even those within the industry say the speed with which systems are being developed and adopted by hospitals and doctors has led to a lack of clarity over how the records should be used and concerns about their overall accuracy.


“We’ve gone from the horse and buggy to the Model T, and we don’t know the rules of the road. Now we’ve had a big car pileup,” said Lynne Thomas Gordon, the chief executive of the American Health Information Management Association, a trade group in Chicago. The association, which contends more study is needed to determine whether hospitals and doctors actually are abusing electronic records to increase their payments, says it supports more clarity.


Although there is little disagreement over the potential benefits of electronic records in reducing duplicative tests and avoiding medical errors, critics increasingly argue that the federal government has not devoted enough time or resources to making certain the money it is investing is being well spent.


House Republicans echoed these concerns in early October in a letter to Kathleen Sebelius, secretary of health and human services. Citing the Times article, they called for suspending the incentive program until concerns about standardization had been resolved. “The top House policy makers on health care are concerned that H.H.S. is squandering taxpayer dollars by asking little of providers in return for incentive payments,” said a statement issued at the same time by the Republicans, who are likely to seize on the latest inspector general report as further evidence of lax oversight. Republicans have said they will continue to monitor the program.


In her letter in response, which has not been made public, Ms. Sebelius dismissed the idea of suspending the incentive program, arguing that it “would be profoundly unfair to the hospitals and eligible professionals that have invested billions of dollars and devoted countless hours of work to purchase and install systems and educate staff.” She said Medicare was trying to determine whether electronic records had been used in any fraudulent billing but she insisted that the current efforts to certify the systems and address the concerns raised by the Republicans and others were adequate.


This article has been revised to reflect the following correction:

Correction: November 30, 2012

An article on Thursday about a federal report critical of Medicare’s performance in assuring accuracy as doctors and hospitals switch to electronic medical records misstated, in some copies, the timing of a statement from a Medicare spokesman in response to the report. The statement was released late Wednesday, not late Thursday.



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Witness says victim of deputies' shooting did not pose threat









An 18-year-old woman who witnessed an officer-involved shooting of a Culver City man has told investigators that the victim was standing with his hands on his head when deputies shot and killed him.


Her account contradicts Los Angeles County deputies' statement that they fired only after Jose de la Trinidad, an unarmed 36-year-old father of two, seemed to reach for his waistband.


The witness told The Times she watched the Nov. 10 shooting — and the events that led up to it — from her bedroom window. She has been interviewed twice by sheriff's investigators, telling them that De la Trinidad complied with the deputies' orders to stop running and raised his hands to surrender. She contends that two deputies opened fire seconds later, seemingly without provocation.





"I know what I saw," said Estefani, who asked that her last name not be used out of fear of being harassed by media outlets. "His hands were on his head when they started shooting."


The Los Angeles County Sheriff's Department maintains that the deputies opened fire only after De la Trinidad appeared to reach for his waist, where he could have been concealing a weapon. Authorities did not comment on Estefani's account other than to say it would be included in the final report on the shooting.


Estefani, who lives directly across the street from where the shooting occurred, said that just after 10:20 p.m. Nov. 10, the sound of a car screeching to a stop jerked her attention away from music she was downloading at her small desk.


She turned to the bedroom window and pulled back her dark green curtains.


Then, she said, she saw an unarmed man, a handful of sheriff's deputies and, suddenly, the shooting that remains vivid in her mind.


Two sheriff's deputies had attempted to pull over De la Trinidad and his brother for speeding as they were leaving a family quinceañera. De la Trinidad's brother was driving the car and fled for a few blocks before the car came to a sudden stop in the 1900 block of East 122nd Street in Willowbrook, a residential neighborhood tucked just off the 105 Freeway.


According to the deputies' account, De la Trinidad jumped out of the passenger seat.


His brother, 39-year-old Francisco de la Trinidad, took off again in the car. One of the four deputies on the scene gave chase in his cruiser, leaving Jose de la Trinidad on the sidewalk and three deputies standing in the street with their weapons drawn.


The deputies said Jose de la Trinidad then appeared to reach for his waistband, prompting two of them to fire multiple shots into the unarmed man. He died at the scene.


Unknown to the deputies at the time, Estefani sat perched in her bedroom window, directly overlooking the shooting.


Estefani said De la Trinidad did jump out of the car after it came to a sudden stop. After he ran toward the deputies a few feet, they ordered him to stop and turn around — which he did immediately, she said.


Seconds later, the deputies opened fire, she said.


Estefani said that, frozen in shock, she did not count the number of shots fired by the deputies.


"As soon as I saw him hit the floor, I couldn't look up any longer," Estefani said. "Then I ran downstairs and started to cry."


She was still crying half an hour later when two sheriff's deputies canvassing the area for witnesses came to her door, Estefani said.


The deputies, she said, repeatedly asked her which direction De la Trinidad was facing, which she perceived as an attempt to get her to change her story.


"I told them, 'You're just trying to confuse me,' and then they stopped," she said.





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