Tag Archives: featured

Blog, Business Law, Criminal, Drug Companies, Legal News, Supreme Court

Study: There’s no scientific basis for laws regulating marijuana and driving

WASHINGTON (AP) — Six states that allow marijuana use legal tests to determine driving while impaired by the drug that have no scientific basis, according to a study by the nation’s largest automobile club that calls for scrapping those laws.

The study commissioned by AAA’s safety foundation said it’s not possible to set a blood-test threshold for THC, the chemical in marijuana that makes people high, that can reliably determine impairment.

Yet the laws in five of the six states automatically presume a driver guilty if that person tests higher than the limit, and not guilty if it’s lower.

As a result, drivers who are unsafe may be going free while others may be wrongly convicted, the foundation said.

The foundation recommends replacing the laws with ones that rely on specially trained police officers to determine if a driver is impaired, backed up by a test for the presence of THC rather than a specific threshold. The officers are supposed to screen for dozens of indicators of drug use, from pupil dilation and tongue color to behavior.

The foundation’s recommendation to scrap the laws in Colorado, Montana, Nevada, Ohio, Pennsylvania and Washington comes as legislatures in several more states consider adopting similar laws.

At least three states, and possibly as many as eleven, will vote this fall on ballot measures to legalize marijuana for either recreational or medicinal use, or both. Several legislatures are also considering legalization bills.

“There is understandably a strong desire by both lawmakers and the public to create legal limits for marijuana impairment in the same manner we do alcohol,” said Marshall Doney, AAA’s president and CEO. “In the case of marijuana, this approach is flawed and not supported by scientific research.”

Determining whether someone is impaired by marijuana, as opposed to having simply used the drug at some time, is far more complex than the simple and reliable tests that have been developed for alcohol impairment.

There’s no science that shows drivers become impaired at a specific level of THC in the blood. A lot depends upon the individual. Drivers with relatively high levels of THC in their systems might not be impaired, especially if they are regular users, while others with relatively low levels may be unsafe behind the wheel.

Full Article – http://www.businessinsider.com/study-theres-no-scientific-basis-for-laws-regulating-marijuana-and-driving-2016-5

Blog, Civil Rights, Legal News, Supreme Court

The Department of Justice is suing North Carolina over its same-sex bathroom law

The US Justice Department on Monday filed a complaint against North Carolina over its controversial transgender bathroom law, saying the law constituted a pattern and practice of discrimination and violated the Civil Rights Act.

The law, signed by Governor Pat McCrory in March, prevents local governments in North Carolina from passing nondiscrimination ordinances, and bans transgender people from using the bathroom that corresponds with their gender identity.

The state of North Carolina, McCrory, the state’s Department of Public Safety, and the University of North Carolina were named as defendants in the lawsuit.

According to a statement from the Justice Department, the law is in violation of Title VII of the Civil Rights Act, Title IX of the Education Acts Amendment of 1972, and the Violence Against Women Reauthorization Act, all of which bar discrimination based on sex.

Speaking at a press conference, Attorney General Loretta Lynch called the law “impermissibly discriminatory,” and compared the struggle transgender Americans are facing to civil-rights battles against women and African-Americans.

“It was not so very long ago that states, including North Carolina, had signs above restrooms, water fountains and on public accommodations keeping people out based upon a distinction without a difference,” she said.

Lynch made it clear that the law puts North Carolina, and particularly the 17-school University of North Carolina system, at risk of losing federal funding. Some have estimated the potential losses in funding as high as $1.4 billion.

Earlier Monday, North Carolina sued the federal government for mandating the state abandon the law.

Blog, Criminal, Legal News, Organized Crime

Mexican Mafia’s O.C. boss sentenced to 15 years in federal prison

Prosecutors say Peter “Sana” Ojeda, shown in an undated image, has been the Mexican Mafia’s Orange County leader for decades.

Brittny Mejia Contact Reporter

Peter “Sana” Ojeda, reputed godfather of the Mexican Mafia in Orange County, was sentenced Monday to 15 years in federal prison for federal racketeering charges.

United States District Judge James V. Selna said that Ojeda, despite being 74, still represented a “danger to the community,” according to the U.S. attorney’s office in Los Angeles.

In January, Ojeda was convicted on one count each of racketeering and committing violent crimes to support a racketeering conspiracy.

The jury found that Ojeda was involved in the operation of Mexican Mafia activities in Orange County, which included conspiring to commit murder, extortion and narcotics trafficking.

The jury also found that Ojeda was involved in plots to kill other gang members as part of a turf war. That plotting occurred while Ojeda was in prison, prosecutors argued.

Ojeda — who is also known as “Sana” and “The Big Homie” — has been in federal custody since he was indicted in a prior racketeering case in 2005.

“Ojeda is a career criminal and a Mexican Mafia leader, which means he is intimately familiar with the violence, drug trafficking and extortion that fuels this criminal organization,” U.S. Atty. Eileen M. Decker said.

“Prior criminal cases against Mr. Ojeda have not had any deterrent effect, but today’s sentence makes it unlikely that Mr. Ojeda will ever be able to walk freely on the streets where his criminal organization has caused so much harm,” Decker said.

The trial, which began in November, offered an inside look into the clandestine organization that wields power within the prison system and among Latino gangs.

Ojeda ordered Latino street gangs in Orange County to pay “taxes” that consisted of a portion of proceeds gangs earned from criminal activities, including drug trafficking, according to the attorney’s office. In return, gang members could exert influence over their neighborhoods and territories and seek protection from the Mexican Mafia.

Suzie Rodriguez, the 53-year-old girlfriend of Ojeda, was also found guilty in the conspiracies for acting as a messenger between Ojeda and local gang leaders during his stay in a Pennsylvania federal prison. Rodriguez is scheduled for sentencing June 6.

In 2006, Ojeda was convicted on racketeering charges as well.

Full Article – http://www.latimes.com/local/lanow/la-me-ln-mexican-mafia-oc-boss-sentenced-15-years-20160509-story.html

Blog, Family, Legal News, Personal Injury, Supreme Court

What are my rights & protections in a nursing home?

As a resident in a Medicare and/or Medicaid-certified nursing home, you have certain rights and protections under federal and state law that help ensure you get the care and services you need.

The nursing home must tell you about these rights and explain them in writing in a language you understand. They must also explain in writing how you should act and what you’re responsible for while you’re in the nursing home. This must be done before or at the time you’re admitted, as well as during your stay. You must acknowledge in writing that you got this information.

At a minimum, federal law specifies that a nursing home must protect and promote the rights of each resident. As a person with Medicare, you have certain guaranteed rights and protections. In addition to these rights, you also have the right to:

Be treated with respect

You have the right to be treated with dignity and respect, as well as make your own schedule and participate in the activities you choose. You have the right to decide when you go to bed, rise in the morning, and eat your meals.

Participate in activities

You have the right to participate in an activities program designed to meet your needs and the needs of the other residents.

Be free from discrimination

Nursing homes don’t have to accept all applicants, but they must comply with local, state, and federal civil rights laws.

Be free from abuse and neglect

You have the right to be free from verbal, sexual, physical, and mental abuse, as well as abuse of your money or property (called “misappropriation of property”). Nursing homes can’t keep you apart from everyone else against your will.

If you feel you’ve been mistreated (abused) or the nursing home isn’t meeting your needs (neglect), report this to the nursing home administrator. Depending on your state, the agency that investigates abuse and neglect will be Adult Protective Services and/or the State Survey Agency. The nursing home must investigate and report all suspected violations and any injuries of unknown origin within 5 working days of the incident to the proper authorities. The Long-Term Care Ombudsman can also help by being your advocate and helping you resolve your concerns.

Be free from restraints

Nursing homes can’t use any physical restraints (like side rails) or chemical restraints (like drugs) to discipline you or for the staff’s own convenience.

Make complaints

You have the right to make a complaint to the staff of the nursing home or any other person without fear of being punished. The nursing home must address the issue promptly.

Get proper medical care

You have these rights regarding your medical care:

  • To be fully informed about your total health status in a language you understand.
  • To be fully informed about your medical condition, prescription and over-the-counter drugs, vitamins, and supplements.
  • To be involved in the choice of your doctor.
  • To participate in the decisions that affect your care.
  • To take part in developing your care plan. By law, nursing homes must develop a care plan for each resident. You have the right to take part in this process. Family members can also help with your care plan with your permission.
  • To access all your records and reports, including clinical records (medical records and reports) promptly during weekdays. Your legal guardian has the right to look at all your medical records and make important decisions on your behalf.
  • To express any complaints (also called “grievances”) you have about your care or treatment.
  • To create advance directives in accordance with state law.
  • To refuse to participate in experimental treatment.
  • Have your representative notified. The nursing home must notify your doctor and, if known, your legal representative or an interested family member when:
    • You’re injured in an accident and/or need to see a doctor.
    • Your physical, mental, or psychosocial status starts to get worse.
    • You have a life threatening condition.
    • You have medical complications.
    • Your treatment needs to change significantly.
    • The nursing home decides to transfer or discharge you from the nursing home.
  • Get information on services and fees. You have the right to be told in writing about all nursing home services and fees (those that are charged and not charged to you) before you move into the nursing home and at any time when services and fees change. In addition:
    • The nursing home can’t require a minimum entrance fee if your care is paid for by Medicare or Medicaid.
    • For people seeking admission to the nursing home, the nursing home must tell you (both orally and in writing) and display written information about how to apply for and use Medicare and Medicaidbenefits.
    • The nursing home must also provide information on how to get a refund if you paid for an item or service, but because of Medicare and Medicaid eligibility rules, it’s now considered covered.
  • Manage your money. You have the right to manage your own money or choose someone you trust to do this for you. In addition:
    • If you deposit your money with the nursing home or ask them to hold or account for your money, you must sign a written statement saying you want them to do this.
    • The nursing home must allow you access to your bank accounts, cash, and other financial records.
    • The nursing home must have a system that ensures full accounting for your funds and can’t combine your funds with the nursing home’s funds.
    • The nursing home must protect your funds from any loss by providing an acceptable protection, like buying a surety bond.
    • If a resident with a fund passes away, the nursing home must return the funds with a final accounting to the person or court handling the resident’s estate within 30 days.
  • Get proper privacy, property, and living arrangements. You have these rights:
    • Keep and use your personal belongings and property as long as they don’t interfere with the rights, health, or safety of others.
    • Have private visits.
    • Make and get private phone calls.
    • Have privacy in sending and getting mail and email.
    • Have the nursing home protect your property from theft.
    • Share a room with your spouse if you both live in the same nursing home (if you both agree to do so).
    • Be notified by the nursing home before your room or your roommate is changed. They should take your preferences into account.
    • Review the nursing home’s health and fire safety inspection results.
  • Spend time with visitors. You have these rights:
    • Spend private time with visitors.
    • Have visitors at any time, as long as you wish to see them, and as long as the visit doesn’t interfere with the provision of care and privacy rights of other residents.
    • See any person who gives you help with your health, social, legal, or other services at any time. This includes your doctor, a representative from the health department, and your Long-Term Care Ombudsman, among others.
  • Get social services. The nursing home must provide you with any needed social services, including:
    • Counseling.
    • Help solving problems with other residents.
    • Help in contacting legal and financial professionals.
    • Discharge planning.
  • Leave the nursing home:
    • Leaving for visits:
      • If your health allows, and your doctor agrees, you can spend time away from the nursing home visiting family or friends during the day or overnight, called a “leave of absence.” Talk to the nursing home staff a few days ahead of time so the staff has time to prepare your medicines and write your instructions.
      • Caution: if your nursing home care is covered by certain health insurance, you may not be able to leave for visits without losing your coverage.
    • Moving out:
      • Nursing homes may have a policy that requires you to tell them before you plan to leave. If you don’t, you may have to pay an extra fee.
  • Have protections against unfair transfer or discharge:
    • You can’t be sent to another nursing home or made to leave the nursing home, unless any of these are true:
      • It’s necessary for the welfare, health, or safety of you or others.
      • Your health has improved to the point that nursing home care is no longer necessary.
      • The nursing home hasn’t been paid for services you got.
      • The nursing home closes.
    • You have these rights:
      • You have the right to appeal a transfer or discharge.
      • The nursing home can’t make you leave if you’re waiting to get Medicaid.
      • Except in emergencies, nursing homes must give a 30-day written notice of their plan and reason to discharge or transfer you.
      • The nursing home has to safely and orderly transfer or discharge you and give you proper notice of bed-hold and readmission requirements.
  • Form or participate in resident groups:
    • You have a right to form or participate in a resident group to discuss issues and concerns about the nursing home’s policies and operations. Most homes have such groups, often called “resident councils.” The home must give you meeting space and must listen to and act upon grievances and recommendations of the group.
  • Have your family and friends involved:
    • Family and friends can help make sure you get good quality care. They can visit and get to know the staff and the nursing home’s rules. Family members and legal guardians may meet with the families of other residents and may participate in family councils, if one exists. With your permission, family members can help with your care plan. If a family member or friend is your legal guardian, he or she has the right to look at all medical records about you and make important decisions on your behalf.

Sourced From – https://www.medicare.gov/what-medicare-covers/part-a/rights-in-nursing-home.html