TDS: Trump To Do Away With Nursing Home Lawsuit Rule

By William Teach August 7, 2017 – 6:50 am

As Twitchy asks, if the rule was so important, why did Obama wait until September 2016 to implement it?

This has led to a freakout in Liberal World, as you can see in some tweets at Twitchy, and the comments at The Hill article. What’s going on is that CMS (Centers For Medicaid and Medicare Services) announced in June that they were looking to do away with a rule implemented by Obama that allows nursing homes that accept Medicaid and Medicare to be sued right from the get go when there are issues, from tiny to large, doing away with any language in contracts that allows arbitration. You know, like in virtually every contract you sign today. Your cellphone provider has a very tough arbitration clause, as does your home mortgage, car purchase, etc.

CMS said it decided to reconsider the Obama rule after a federal district court judge in Mississippi issued an order in November temporarily blocking the rule from taking effect.

The American Health Care Association (AHCA) and a group of nursing homes had sued CMS and the Department of Health and Human Services in October, claiming that the rule violated the Federal Arbitration Act, and that the agencies had overstepped their statutory authority in issuing the law. The AHCA said Congress has repeatedly rejected legislation to invalidate arbitration agreements.

So, the rule is, get this, a violation of the law. Who would ever think that Obama would implement a rule that stretches or breaks the law. Someone should tell Rep. Ted Lieu that it’s his job to change the law if he doesn’t like it

Anyhow

Under its proposed revisions, CMS said nursing homes would be required to write the arbitration agreements in plain language and explain the agreement to the prospective resident or his or her representative. Residents would also be required to acknowledge they understand the agreement.

The U.S. Chamber of Commerce is also backing the rule change. The nation’s leading business group fought back against the original rule, claiming that restricting arbitration would raise the cost of nursing home care and make it harder, and more costly, for residents to resolve disputes.

There’s a lot more to that excerpt, regarding the notion that lawsuits can be expensive and lengthy, and some are small and not necessary. Time will tell what the final rule will look like, but, it will surely include what you see in a car buyers order: that you agree to arbitrate most things, but it doesn’t fully require arbitration for big things. Like a bad airbag inflating and seriously injuring you. And things like abuse, sexual assault, neglect, etc, all mentioned in the article, should go to law enforcement first, wouldn’t you think?

Crossed at Right Wing News.

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It Should Totally Not Be Allowed To Not Comply With Global Climate Pacts Or Something

By William Teach August 6, 2017 – 3:24 pm

Quite possibly one of the most cultish headlines from Warmists of all time

Adhering to global climate pacts should no longer be optional
With millions affected by soaring temperatures around the globe and forest fires ripping through continents as we speak, curbing industrial poison is anything but an abstract aspiration

And Warmists complain when I note that this is all about Progressive (nice fascist) politics rather than science.

Of course, the fire the article refers to is the one along the French Riviera. Sadly for these Warmist, officials suspect arson, not Hotcoldwetdry.

As whales continue to wash up on the world’s shores with piles of plastic in their stomachs, the issue is no longer a theory that we can optionally espouse as a worthy cause.

Confusing a real environmental issue with ‘climate change.’ What a shame, because plastics in the ocean is a real problem.

It is an urgent necessity and a race against a ticking time bomb. An industrial superpower like the United States leaving the Paris climate pact will have ramifications for the entire globe. As it turns out, countries are at the mercy of Mother Nature now. They can comply or, as we saw in recent weeks, face her wrath.

Weather never happened before, you know. Hence, all must be forced to comply.

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If All You See…

By William Teach August 6, 2017 – 1:00 pm

…is horrible pizza which makes people obese which is bad for climate change (but it is also fat shaming which is bad), you might just be a Warmist

The blog of the day is A View From The Beach, with a post on Baltimore’s fail on Nobody Kill Anybody.

It’s pizza week! We’ve never done pizza.

Read: If All You See… »

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Sorta Blogless Sunday Pinup

By William Teach August 6, 2017 – 8:49 am

Patriotic pinup Earl Moran

Happy Sunday! It’s another gorgeous day in America. The sun is shining, the birds are singing, the bunnies are still eating my neighbors veggie garden. This pinup is by Earl Moran, with a wee bit of help.

What’s happening in Ye Olde Blogosphere? The Fine 15

  1. Not A Lot Of People Know That covers African children paying the price for “green energy”
  2. Bizzy Blog covers the failed union vote at a U.S. Nissan plant
  3. Chicks On The Right notes a Michigan school banning the American flag from the dress code
  4. Creeping Sharia notes Chicago celebrating a Muslim terrorist ahead of deportation
  5. Datechguy’s Blog discusses a town in Australia denying a building permit for a synagogue, and you’ll never guess why
  6. Gay Patriot notes that Trump is actually getting stuff done
  7. GeeeZ notes felons running for office in Detroit
  8. Geller Report covers what a Muslim Ms. Universe wore for cultural jihad
  9. Michelle Malkin (Doug Powers) notes the new “cuddling services” boom
  10. Moonbattery notes yet another fake hate crime
  11. Pacific Pundit covers Bernie Sanders looking to make capitalist money on a book
  12. Powerline wonders if Democrats know how much trouble they’re in
  13. Small Dead Animals notes that math is hard in Liberal World
  14. The Daley Gator covers a professor going gun banning stupid
  15. And last, but not least, The Feral Irishman is playing “guess the race”

As always, the full set of pinups can be seen in the Patriotic Pinup category, or over at my Gallery page. While we are on pinups, since it is that time of year, have you gotten your “Pinups for Vets” calendar yet? And don’t forget to check out what I declare to be our War on Women Rule 5 and linky luv posts and things that interest me

Don’t forget to check out all the other great material all the linked blogs have!

Anyone else have a link or hotty-fest going on? Let me know so I can add you to the list.

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Sanctuary City Chicago To Sue DOJ Over Threat Of Losing Federal Money For Being Sanctuary City

By William Teach August 6, 2017 – 7:50 am

Saturday, we learned that California is considering suing the Department Of Justice over threats that the DOJ will take away federal grants to fight crime from sanctuary jurisdictions, in order for California jurisdictions, and essentially California itself, to continue to purposefully avoid enforcing federal law on illegal aliens. Now

(Chicago Tribune) Mayor Rahm Emanuel is planning to double down against President Donald Trump’s immigration policies by filing a federal lawsuit claiming it’s illegal for the federal government to withhold public safety grant money from so-called sanctuary cities.

The city will head into federal court Monday to argue Attorney General Jeff Sessions cannot hold back federal Byrne grants from cities the administration says aren’t cooperating enough with U.S. Immigration and Customs Enforcement officials, Emanuel said during an interview on “Connected to Chicago” on WLS radio-890. The interview will air at 7 p.m. Sunday.

Byrne Justice Assistance Grants provide a relatively minuscule amount of money to Chicago. The city this year is counting on $3.2 million from the program, money mostly used to buy police vehicles. The grants amount to roughly three-hundredths of 1 percent of the entire $9.8 billion city budget.

They’re not doing a great job with the other 99.7% of their crime fighting budget, considering the number of crimes, shootings, and murders, eh? So, hey, why not make Chicago a warm and welcoming place for people who are unlawfully present in the United States?

“We are not going to be between picking our values of who we are as a welcoming city, and strengthening our police department,” Emanuel said in the interview with WLS reporter Bill Cameron.

“We’re not going to actually auction off our values as a city, so Monday morning the City of Chicago is going to court; we’re going to take the Justice Department to court based on this,” he said. “We find it unlawful and unconstitutional to be, as a city, coerced on a policy.”

First, the money hasn’t been denied, so, there’s really no there there for a court filing. Only a threat to remove the money. Second, remember when Democrats, like Emanuel, had hissy fits over Arizona’s SB1070, where they claimed that states must follow federal law to a T? Third, Chicago’s values seem to be about murder, crime, graft, and shootings, while denying law abiding citizens the means to defend themselves.

Fourth, Tiffany Thrasher was unavailable for comment, having been strangled to death after being sexually assaulted in the suburbs of Chicago by an illegal alien with a history of violence. Yet, Emanuel is spending millions of taxpayer dollars on providing legal defense for illegals.

Crossed at Right Wing News.

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If All You See…

By William Teach August 5, 2017 – 1:00 pm

…is a horrible carbon pollution infused beer sponsoring an evil fossil fueled vehicle, you might just be a Warmist

The blog of the day is Vlad Tepes, with a post saying that Australia is now under Sharia law.

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U.S. Officially Notifies U.N. It’s Withdrawing From Paris Climate Agreement

By William Teach August 5, 2017 – 11:25 am

It’s about time

(Reuters) The US State Department has officially informed the United Nations it will withdraw from the Paris Climate Agreement in a document issued on Friday, but left the door open to re-engaging if the terms improved for the United States.

The State Department said in a press release the United States would continue to participate in United Nations climate change meetings during the withdrawal process, which is expected to take at least three years.

“The United States supports a balanced approach to climate policy that lowers emissions while promoting economic growth and ensuring energy security,” the department said in the release.

Said press release reads in full

Today, the United States submitted a communication to the United Nations, in its capacity as depositary for the Paris Agreement, regarding the U.S. intent to withdraw from the Paris Agreement as soon as it is eligible to do so, consistent with the terms of the Agreement. As the President indicated in his June 1 announcement and subsequently, he is open to re-engaging in the Paris Agreement if the United States can identify terms that are more favorable to it, its businesses, its workers, its people, and its taxpayers.

The United States supports a balanced approach to climate policy that lowers emissions while promoting economic growth and ensuring energy security. We will continue to reduce our greenhouse gas emissions through innovation and technology breakthroughs, and work with other countries to help them access and use fossil fuels more cleanly and efficiently and deploy renewable and other clean energy sources, given the importance of energy access and security in many nationally determined contributions.

The United States will continue to participate in international climate change negotiations and meetings, including the 23rd Conference of the Parties (COP-23) of the UN Framework Convention on Climate Change, to protect U.S. interests and ensure all future policy options remain open to the administration. Such participation will include ongoing negotiations related to guidance for implementing the Paris Agreement.

It will be very interesting to see just how the Trump administration engages at COP-23, to be held in Bonn, Germany this November. They’re obviously against all those big, big initiatives which place burdens, restrictions, fees, and taxes on citizens on the United States. But, what you do not hear is the support for alternatives to go with oil and natural gas. So, how does Team Trump engage at COP-23? Time will tell.

Regardless, the idiotic ‘climate change’ policies of Barack Obama are being slowly wiped away.

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California Considers Suing DOJ Over Immigration Funds Crackdown

By William Teach August 5, 2017 – 7:28 am

There’s a very easy solution to this problem: cooperate with federal officials, who are tasked with enforcing immigration law by the Constitution and duly passed immigration law at the federal level. Instead, the municipalities, counties, and state itself wants to be a sanctuary area for people who are unlawfully present in the United States

California preparing to sue Trump administration

California is poised to sue the Trump administration over the president’s latest attempt to punish jurisdictions tagged by the Justice Department as “sanctuary cities” that harbor undocumented immigrants, according to two sources close to the case.

California Attorney General Xavier Becerra — in conjunction with other California city and county attorneys — is considering charging the Justice Department with violating the Constitution by threatening to take crime-fighting funds away from cities and states that do not fully cooperate with federal immigration agents, according to those sources.

“The cities and states affected by these provisions have strong arguments to make in court that these conditions are illegal,” said a former Justice Department official familiar with California officials’ thinking. “If Congress wanted these requirements to be part of the grant funding decision, they would have written it into the law.”

California wasn’t complaining when Obama was threatening to cut funding from schools for failing to make them gender confused compliant, which was not part of the grant funding. Of course, there’s a big difference: the schools were not violating federal law, while the California jurisdictions are, along with protecting illegals, many of whom are actual criminals. If the jurisdictions aren’t using the fund to actually fight crime, most specifically illegal immigration, then they do not need the funds. If they’re willing to look away from people who are, at a minimum, trespassing on U.S. soil, they do not need the funds. If they can’t simply pick up a phone at call ICE, they do not need the funds. If they can’t hold an illegal alien for a mere 48 hours, per ICE detainers, they do not need the funds.

California was allocated nearly $18 million under that program in Fiscal 2017. To get future grants, municipalities will have to allow federal immigration agents access to detention facilities, and provide 48-hours notice before they release inmates who are wanted by federal authorities on suspicion of being in the country illegally.

How hard can that be? It’s not burdensome in the least. But these California jurisdictions choose to make things tough. And choices can have consequences.

Gil Duran, a Democratic strategist in California, said now is the time for officials to demonstrate “bold leadership and stand up for their highest values.”

Apparently, those values represent protecting illegal aliens who murder, maim, harm, rape, burglarize, assault, and steal the identities of lawful U.S. residents and citizens. Perhaps Mr. Duran can discuss this bold leadership and those highest values with Kate Steinle. It would work as well as explaining Ted Kennedy being lionized by Democrats to Mary Jo Kopechne.

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Trump May Break Tradition By Holding Meetings With Leaders At His Golf Course Or Something

By William Teach August 5, 2017 – 7:07 am

Because, in Credentialed Media World, everything Trump does, no matter how minor, must be questioned and put in the worst possible terms. Because they’re just doing their jobs as journalists, you guys. They’re revved up and ready to go after their 8 year nap. The app version of this Washington Post article has the headline “Trump would break with tradition if he hosts leaders attending U.N. meeting at his N.J. golf club”, vs the regular web of

Trump may host visiting leaders at his N.J. golf club during upcoming U.N. meeting

President Trump is planning to host foreign leaders at his New Jersey golf club when he attends the annual U.N. General Assembly session next month, breaking decades of precedent for U.S. presidents, said people familiar with preparations for the gathering.

The State Department is getting ready for an unspecified number of foreign meetings at the Bedminster, N.J., golf club over several days during the week of Sept. 18. The White House has not announced plans for Trump’s first visit to the gathering, which usually draws roughly 150 heads of state.

U.S. presidents usually attend the gathering for about two days, while the secretary of state stays for a week or more. Both typically hold meetings with foreign dignitaries at hotels or the U.N. headquarters, taking advantage of a unique gathering of leaders and diplomats. State Department staffers jokingly call the back-to-back sessions diplomatic speed dating.

The plans for Bedminster mark the latest example of the president’s holding official events at his Trump-branded properties, including his Florida summit meeting in April with Chinese President Xi Jinping at Mar-a-Lago.

OK, and?????? Have you seen this place? It’s gorgeous. It has award winning cuisine and facilities. Perhaps world leaders will enjoy getting away from the stuffy U.N. building and hotels and hanging out at a beautiful golf course, looking out at trees and animals (and people making violent gestures after a bad shot), eating great food.

Still, the idea of an American president receiving dignitaries at a private business far from U.N. headquarters is unsettling, said Bill Richardson, a former U.N. ambassador and former governor of New Mexico.

“It’s better to do it in the city. Do it at the U.N.,” Richardson said. “Symbolism is important. This is the U.N. There should be an acknowledgment of the importance of the U.N., not snubbing them.”

How is inviting them to Bedminster a snub? That part doesn’t get explained. But, then, this is the #Resistance as put in print by the so-called impartial news media.

Crossed at Right Wing News.

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D.C.’s Legends Of Tomorrow Decides To Add Muslim Superhero, Who’s Original Codename Was Isis

By William Teach August 4, 2017 – 4:59 pm

Apparently, The CW has decided it wants to drastically shrink the pool of people who’ll watch the show, and, really, the network

(Variety) “DC’s Legends of Tomorrow” is adding a major character to its third season.

Tala Ashe is joining the CW show as a series regular, Variety has learned. The actress will take on the role of Zari Adrianna Tomaz, a new member of the team aboard the Waverider.

The character Zari Adrianna Tomaz is a Muslim-American woman from the year 2030 who lives in a world of contradictions — technology has brought about incredible change in her future, but too bad human nature hasn’t kept pace. Fear, prejudice and a lack of care for the planet have forced Zari to become a “grey hat hacktivist.” Described as a computer nerd with a wry, combative attitude, she is a woman living a double life who doesn’t realize that she has secret, latent powers derived from an ancient, mystical source.

A follow up article from Variety really ramps up the social justice warrioring and virtue signaling, but, here’s where it gets really fun.

In the comics, Adrianna Tomaz was a citizen of the fictional nation of Kahndaq who fights against its corrupt government, specifically against the country’s leader Black Adam. Eventually she becomes the hero named Isis.

Think they’ll keep that superhero name?

As for that follow up acticle

Adding a Muslim character in the midst of the current political climate was no coincidence.

“You might have heard there was this election,” cracked executive producer Marc Guggenheim on Wednesday at the Television Critics Association press tour in Beverly Hills. “Not to get political, but something that we all gravitated toward in the writers room was making this character Muslim.”

One has to wonder, though, if this is more about patronizing the people who tend to watch the show in order to make money than any sort of SJW garbage.

Read: D.C.’s Legends Of Tomorrow Decides To Add Muslim Superhero, Who’s Original Codename Was Isis »

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