Posts for July 13, 2010

FEMA LAUNCHES STRATEGIC FORESIGHT DISCUSSION

July 13, 2010 – FEMA Office of External Affairs, Private Sector Division

FEMA today announced an online forum to discuss how changes occurring around the world may affect the future of emergency management and its diverse community.

The goal of this Strategic Foresight Initiative is to engage the emergency management community in exploring issues, trends and other factors that could impact the future of emergency management and to expand the community’s strategic planning for the future.

Additional information is available at http://www.fema.gov/about/programs/oppa/strategic_foresight_initiative.shtm.

We invite those who have a stake in the future of emergency management to share their perspectives, suggestions and insights with the community by participating in an online forum at www.max.omb.gov.

If you are interested in participating in the online dialogue, please send an email to FEMA-OPPA-SFI@fema.gov to register. Participants will receive an e-mail from FEMA and MaxOMB with instructions on how to join the forum.

To kick off this initiative, FEMA facilitated a workshop in April bringing together strategic thinkers from a wide cross-section of the emergency management community to share insights and to define significant drivers and issues facing emergency management over the next 15-20 years. The workshop included more than 30 representatives from relevant academic areas, federal agencies, state and local stakeholders and the private sector. This group identified key drivers most important to the future success of the emergency management community. These drivers represent social, technological, environmental, economic, political and security issues.

This online forum is part of a broader community engagement utilizing online social media, webinars and teleconferences, which will occur throughout the summer.

HEALTHCARE REFORM WEEKLY BRIEFING

July 13, 2010 – Aon Consulting

Last Week in Washington

White House Appoints Director of Centers for Medicare and Medicaid Services (CMS)
On July 7, the Obama Administration appointed Dr. Donald Berwick to lead the Centers for Medicare and Medicaid Services, which provides care to nearly 100 million people in the United States. Dr. Berwick was a practicing physician and professor at Harvard University, while also establishing the nonprofit Institute for Health Care Improvement. Dr. Berwick’s appointment drew political fire from both Republicans and Democrats, as the Administration used the Congressional recess to bypass the Senate nomination process. The White House noted, the Centers for Medicare and Medicaid Services has been without an administrator since 2006 and filling this position is critical to the implementation of the new health care law.

HHS Strengthens Health Information Privacy and Security through New Rules
On July 8, Health and Human Services (HHS) Secretary Kathleen Sebelius announced new rules and resources regarding the privacy and safeguards of health information technology. The proposed rule would expand the enforcement of the Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy, Security, and Enforcement rules by: expanding citizens’ ability to access personal information; requires business associates of HIPAA covered entities to abide by the same rules as the covered entities; sets new limitations on the use of health information for marketing and fundraising; and prohibits the sale of protected health information without the patients approval.

Details of the proposed rules and regulations can be found here.

In Case You Missed It: White House Senior Advisor David Axelrod Defends CMS Appointment on ABC's "This Week" Administration Launches New Health Care Reform WebsiteHHS

Resources on Health Data Privacy and Security HHS Early Retiree Reinsurance Application HHS

Information Pamphlet on the Pre-Existing Condition Insurance Plan

INCREASING CONCERN ABOUT FOREIGN MANUFACTURERS LIABILITY BILL

July 13, 2010 – FLAG Weekly Communications

There is growing concern among manufacturers about H.R. 4678 and S. 1606, the Foreign Manufacturers Legal Liability Accountability Act. The bills require foreign manufacturers, foreign subsidiaries of U.S.-headquartered companies, and foreign parents or subsidiaries of U.S. subsidiaries to have a registered agent capable of being served in state and federal court for tort liability. The legislation will also affect all U.S. manufacturers who import "covered" items from foreign manufacturers. The House bill will ban imports from foreign manufacturers without registered agents.

The Senate bill will require a transaction-by-transaction declaration to Customs and Border Protection that the U.S. importer has contacted the foreign manufacturer to learn the name of its registered agent. We are concerned the Senate requirement could become a condition for admissibility and thus result in holds and delays at the port. This applies to any imported product or component part regulated by the CPSC, FDA, EPA or NHTSA (House-only) which includes manufacturers of consumer products, pharmaceuticals, cosmetics, medical devices, food, chemicals, pesticides and automobiles. Passage could trigger reciprocal legislation in foreign countries and hurt small and medium U.S. manufacturers that cannot afford to defend themselves in every jurisdiction to which they might export. This would prevent U.S. subsidiaries of foreign parents to take on U.S. legal liability and instead require the foreign parent to be an additional named party in litigation potentially upping trial lawyer paydays and causing significant legal confusion. This would violate current treaties on international legal treatment like the Hague Convention and might create WTO compliance problems.

The legislation is set to be marked up in the full House Energy and Commerce Committee the week of July 19. For more information, please contact Rosario Palmieri (rpalmieri@nam.org) or Catherine Robinson (crobinson@nam.org) at the NAM.

MANUFACTURERS WARN DRILLING MORATORIUM HURTS JOBS

July 13, 2010 - NAM

The National Association of Manufacturers released the following statement regarding the Obama administration deep water drilling ban.

"Today's announcement by the Obama Administration to place a new moratorium on any deep-water floating facility with drilling activities is a mistake. Manufacturers believe it is critically important to understand the causes of the Gulf of Mexico accident." Furthermore, "the US District Court in the Eastern District of Louisiana and the Fifth Circuit Court of Appeals have already spoken, and this new moratorium will only put our nation's economy at a greater disadvantage." Those who are responsible for making and supplying "equipment, services, engines, boats and materials such as steel and concrete will also suffer massive economic consequences as a result of the Administration's overly broad moratorium." Americans should know that "the expansion and development of the Outer Continental Shelf is vital to affordable, reliable energy and the long-term health of our economy and the prosperity of American workers."

SHOULD U.S. HALT DRILLING BECAUSE OF BP?

July 13, 2010 – Today in Manufacturing.net
In an effort to fight a new drilling moratorium, a rival drilling executive and a Louisiana congressman said other oil operators shouldn't be tarred because of one bad apple ... continue

U.S. TRADE DEFICIT EXPANDS TO $42.3B IN MAY

July 13, 2010 – Late Wire from Manufacturing.net
Trade deficit widened in May to the highest level in 18 months as a rebounding economy pushed up demand for imports of foreign-made cars, computers and clothing ... continue

UTAH COURT RULING: NOT A "UNIFORM"

July 13, 2010 – Employers Council

In a recent case, the Utah Court of Appeals ruled that clothing required to be worn by Autozone employees was not a "uniform." The dress code required red knit golf shirts, black pants or skirts, black shoes and black belts – but no trademarked logo. The Utah uniform rule says:

A. Where the wearing of uniforms is a condition of employment, the employer shall furnish the uniforms free of charge.
· The term "uniform" includes any article of clothing, footwear, or accessory of a distinctive design or color required by an employer to be worn by employees.
· An article of clothing which is associated with a specific employer by virtue of an emblem (logo) or distinctive color scheme shall be considered a uniform.

B. The employer may request an amount, not to exceed the actual cost of the uniform or $20, whichever is less, as a deposit on each uniform required by the employer. The deposit shall be refunded to the employee at the time uniform is returned.

The court found that Autozone’s dress requirements did not constitute clothing of a "distinctive design or color." Thus, it was not obligated to pay for the clothing. An employee had sued for ten years' worth of expenses incurred in buying clothing to comply with the dress code.