Category Archives: Family

People involved in contentious family law proceedings need to proceed cautiously …. They believe that mediation is only effective in family law cases under the..Family law news and headlines from around the web.

California Governor Signs Flurry Of Health Laws

Gov. Jerry Brown signed off on a variety of bills in September that aim to protect patients and health care consumers.

The following laws are set to go into effect in 2017.

AB 72: “Surprise medical bill” legislation by Assemblyman Rob Bonta (D-Oakland) was among the most-talked-about measures of the year in Sacramento. It promises to better protect consumers against unexpected medical bills.

Patients can receive such bills when they use a hospital or clinic considered in-network by their insurance plan but are treated by a provider who does not contract with the insurer such as radiologists, anesthesiologists and pathologists. With the goal of keeping patients out of the fight between providers and insurers, the new law essentially sets a reimbursement rate requiring insurers to pay out-of-network doctors 125 percent of the amount Medicare pays for the service or the insurer’s average contracted rate, whichever is greater.

“With his signature, Governor Brown has enacted some of the strongest patient protections in the nation against surprise medical bills. This issue has been debated but has gone unresolved for decades,” Bonta said in a statement.

SB 482: Amid a national opioid epidemic, Brown approved legislation that requires doctors to check a patient’s prescription history in a state database before prescribing any potentially addictive drugs.

The bill, by Sen. Ricardo Lara (D-Bell Gardens), calls for doctors to consult California’s prescription drug monitoring database when prescribing controlled substances. Failure to do so under the new law could result in disciplinary action, although there is no way to ensure that doctors actually use this tool before prescribing.

The new law is meant to put a stop to “doctor shopping” — the practice of visiting multiple doctors to obtain prescription for opioids.

SB 586: The legislation, a compromise between the Department of Health Care Services and children’s advocates, aims to slow down and improve plans to overhaul the way the state’s most medically fragile children receive care.

Currently, severely ill children with conditions like cancer or cerebral palsy receive care through an 89-year-old state program known as California Children’s Services. The Department of Health Care Services announced its plan last year to move these children into Medi-Cal managed care plans to streamline their care. Parents and child advocates argued that the transition was too quick and poorly planned, and could interrupt care for these children. The bill adds changes demanded by parents and advocates to improve case management and coordination for children affected by the transition.

The bill, introduced by the head of the state’s Senate Health Committee, Sen. Ed Hernandez (D-West Covina), allows DHCS to implement the transition to 21 counties by July 2017. The remaining counties will follow. The full transition of the state’s 190,000 children should be complete by 2022.

Ann-Louise Kuhns, president and CEO of the California Children’s Hospital Association, said the new law “both protects the high quality of care assured by the California Children’s Service program and promotes a careful, phased integration with managed care.”

SB 908: This bill will allow consumers to learn when their health insurance premium rates have been considered “unreasonable” by state officials. Current law requires that unreasonable rate hikes be posted online by one of the two state agencies that regulate insurers — the Department of Managed Health Care or the California Department of Insurance. But consumers don’t check online, the bill’s supporters argued.

The new law will require insurers to notify individuals and small businesses directly in writing — at least 60 days before the rate changes — so that consumers can shop around if they choose.

“This law will discourage unjustified health plan rate hikes and empower consumers to make informed decisions about the coverage they are choosing,” said Anthony Wright, executive director of Health Access California, a Sacramento-based consumer advocacy group.

SB 1076: This law, sponsored by the California Nurses Association, was designed to protect hospital patients in “observation” care. It requires that observation units meet the same staffing standards — nurse-to-patient ratios — as those in the emergency room.

Outpatient services are not covered by the same patient protection regulations as inpatient units, and many times patients are left in an observations status for a long period of time, according to supporters of the law. In addition, such treatment is not counted toward the three days of hospitalization that Medicare requires for a patient to be covered for nursing home care once they are discharged from the hospital.

The new law will also require that hospitals report summaries of the care they provide during observation status to the Office of Statewide Health Planning and Development for data collection.

Sourced From  – http://californiahealthline.org/news/california-governor-signs-flurry-of-health-laws/

Dispelling some of the myths of international family law

The laws of the world concerning family relationships are still predominantly national but too often international families face problems, bureaucracy, misunderstandings and simple obstacles in just living as a family in a country.

A decade or so ago, marrying someone from abroad or living and working in another country was a rarity. Now many millions of people are moving across the globe to relocate as families and as individuals to live and work abroad.Living as a family in another country can be difficult at the best of times, but it is even more difficult when there are relationship difficulties. The laws of the world concerning family relationships are still predominantly national but too often international families face problems, bureaucracy, misunderstandings and simple obstacles in just living as a family in a country.England only applies English law but there are many countries, principally within Europe, that apply the law of another country in a process known as ‘applicable law’.Even within the UK there are different laws. England and Wales are one country for family law purposes. Scotland is a very different country in relation to family law matters and regarding the court structure. The Republic of Ireland is a separate sovereign state. The Isle of Man has its own legal system, although much of Manx law is based on the principles of English common law.Some countries like the US and Switzerland have quite different laws between the different states or cantons. Other countries such as Australia have one combined law for the whole country on some aspects regarding international families but different laws in each state on other aspects, whereas India and Israel have different laws dependant on religion. The EU does not include Denmark for some family law legislation. As international family lawyers we are regularly asked to explain what some have described as ‘myths’ about international family law. We have taken a number of the most common questions to try to dispel some of these issues.

I have to divorce in the country where we were married?

No. One can choose in which country to divorce if there is a connection. It does not have to be the country where you were married. When a couple divorce, apart from issues concerning any children which are paramount, the next big issue is to secure the best possible financial outcome. England has been described as the ‘divorce capital of the world’ as we tend to be generous especially to wives in terms of financial settlement. Each case is different.

I can move to another country to live with our children if our marriage is over?

If the other parent does not agree, no move can take place, not even for a short holiday. An application for permission needs to be made to the court before the move takes place. If the other parent agrees, this is fine but we recommend securing permission in writing stating that the move is permanent. If you are a single mother and the father does not have parental responsibility for the child and no contact provisions are in place, you can move but again we never advise this without notifying the other parent. If you take a child abroad, away from his home without consent, you may find yourself facing criminal proceedings for child abduction which may result in a fine or imprisonment. Huge powers are given to the court to track down parents who abduct children. The Data Protection Act has no status in a search for missing children.

Full Read – http://www.relocatemagazine.com/articles/partner-family-dispelling-some-of-the-myths-of-international-family-law

Angelina dumped Brad after private eye uncovered Marion Cotillard affair

Angelina Jolie has filed for divorce from Brad Pittafter learning he was cheating on her with his sexy co-star, a well-placed source told The Post on Tuesday.

“She hired a private eye because she felt that he was fooling around with her on the set, and it turns out, he was. And that was the final straw,’’ the source said.

Pitt, 52, had been rumored to have been cozying up to his “Allied’’ co-star Marion Cotillard, 40, for months during the pair’s filming of the World War II drama in London.

The PI discovered that Pitt was cheating on his wife of two years with Cotillard — while also partying like a single guy on a mission, the source said.

“The atmosphere [off-set] was full of hard drugs and Russian hookers, and Angie was told Brad got caught up in it,’’ the source said.

“He’s in the throes of some insane midlife crisis, and Angie is fed up.”

But a source close to Cotillard denied the Pitt affair rumors and insisted she is still with her long-term partner, French actor and director Guillaume Canet.

“They are still very much together. They have been a couple since 2007 and have one child but have never married,’’ the source said of Cotillard and Canet.

The source could not confirm French reports that Cotillard is pregnant with her second child with Canet.

Read Full – http://pagesix.com/2016/09/20/angelina-dumped-brad-after-private-eye-uncovered-marion-cotillard-affair/

New York Women Can Now Get Legal Late-Term Abortions in More Cases

By Christina Cauterucci

New York medical practitioners can now provide abortions after 24 weeks of gestation in more cases, thanks to an opinion released by Attorney General Eric T. Schneiderman on Wednesday. In response to a query from the state comptroller’s office, Schneiderman wrote that the state’s current abortion law runs counter to Supreme Court rulings by criminalizing abortions after 24 weeks of pregnancy except to save the pregnant woman’s life.

Drawing from multiple Supreme Court decisions, the opinion concludes that, to stay within constitutional lines, New York must also make exceptions to the 24-week limit if the pregnant woman’s health is at risk and if the fetus becomes unviable. The state law, passed in 1970, will remain in effect until the state legislature decides to ax it, but the New York Times reports that Schneiderman’s opinion will allow hospitals and other abortion providers to perform late-term abortions without fear of prosecution.

 An OB/GYN at the NewYork-Presbyterian Hospital/Weill Cornell Medical Center told the Times that hospitals have previously had to seek wisdom from ethics committees and sometimes wait until a pregnant woman’s health got so bad that her life was definitely at risk, just to give doctors “institutional cover to do what we thought was right all along.” Legislation proposed in 2013 would have modified the state’s abortion law to fit with court precedent, but Republicans in the state legislature blocked it.

10 Year Old’s Death Shows Need for Water Park Oversight

Posted by Thomas Dennis
August 10, 2016 2:51 PM

Orlando is known as the theme park capital of the world.   It’s home to Disney and Universal Studios, along with many other theme parks such as SeaWorldWet’n’Wild and FunSpot.  Many theme parks in Orlando have begun to incorporate water parks as additional attractions for families to enjoy.  These include SeaWorld’s Acquatica, Disney’s Typhoon Lagoon and Blizzard Beach along with Universal’s Volcano Bay that is slated to open in 2017.

While most patrons will enjoy the rides and return home safely, we are beginning to see more and more water park ride injuries occurring. Sadly, one that is making news right now is from a water park in Kansas City, Kansas.

On Sunday, June 7, 2016, ten-year-old Caleb Thomas Schwab plunged to his death on the Verrückt waterslide in the Schlitterbahn water park in Kansas City, Kansas.  The son of State Representative Scott Schwab was attending the park as part of its “elected officials’ day.”  (source: People)

This death highlights the need for better oversight of water parks.  The Verrückt, which mean “insane” in German, is the tallest water slide in the world, topping out at over 168 feet.  Surprisingly to many, this waterside was never inspected by the Federal Government as there is no Federal oversight for such structures.  The State of Kansas, who handle such oversight, had not inspected the slide since 2012, before the slide was even open.  In Florida, many injuries at theme parks and water parks get under-reported, due to voluntary reporting and the circumstances and injuries that need to occur to generate a report.

According to witnesses, “The slide itself made a noise that didn’t sound right,” and the Velcro straps that were meant to secure riders, “[weren’t] that secure being strapped in.”  One rider, Paul Oberhauser, noted that, “As soon as I hit the bottom of the first curve the shoulder strap just, kind of busted loose.”  When he mentioned this to ride workers, he claims they responded, “They kind of said ‘Oh no, really’ or something ‘Yes, that’s no good,’ and so it sounded like, you know, they were going to do something about it.”

In a statement, Schlitterbahn said safety in their “top priority” and the rides are inspected daily.  The theme park has been closed since Sunday’s incident but expects to reopen tomorrow.  It is unclear how long Verrückt will remain closed.

Unfortunately, it requires a tragedy such as what has occurred on the Verrückt, that may finally give rise to a call for better inspection, maintenance, safety, and reporting procedures to be implemented at all water parks across the country.

Sourced From   – http://orlando.legalexaminer.com/defective-dangerous-products/10-year-olds-death-shows-need-for-water-park-oversight/#comment-1243