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Tuesday, March 10, 2015
March 10, 2015 News Read
By Andrew Walden @ 3:37 PM :: 4883 Views

Will State Borrow $28M to Fund Insolvent Health Connector?

Waikiki: Homelessness Ended for 81 Individuals

$15.5M for Obama Hawaii Vacations

Hawaii Congressional Delegation How They Voted March 9, 2015

Demand: NextEra Eat Cost of HEI's Disused Oil Plants

UH Hilo, UH West Oahu Accreditation Renewed

University Snoops in Rape Victims' Medical Files to Save Money on Litigation--Legally

Tax Foundation Facts and Figures: How Does Hawaii Compare?

Health Exchange Fluffs Numbers--87% of Obamacare Enrollees Either Forced off Medicaid or Haven't Completed Application

PBN: Over 13,356 residents were enrolled during the three-month enrollment period that ended mid-February, compared to about 5,000 to 6,000 enrollees the year prior....  (Now watch what happens next)

The state Department of Human Services has transferred data to the Connector to (forcibly) pre-enroll about 7,500 adults currently receiving medical assistance through the Med Quest Division. Most of this demographic is comprised of migrants from Micronesia, Palau and the Marshall Islands living under the Compact of Free Association. 

Kissel says there are approximately 1,100 more COFA migrants in the system that are not fully enrolled, and have until April 16 to select their health insurance plans.

An additional 3,000 applications received by Feb. 15 have yet to complete the enrollment process, he said.

(Do the math 13,356 - 7,500 - 1,100 - 3,000 = Only 1,756 who enrolled of their own volition--that's 13%.)

The Connector has also facilitated Medicaid enrollment for about 60,000 individuals to date, according to Hawaii Health Connector Jeff Kissel.  (Translation: The Health Connector website linked them to the State DHS which enrolled them in Medicaid.)

Kaiser Permanente Hawaii spokeswoman Laura Lott confirmed that eligible COFA migrants and other individuals who cannot afford coverage may qualify for Kaiser's Medical Financial Assistance Program, which covers out-of-pocket costs for most covered services provided at Kaiser facilities.

(Translation: Private charity may save them from having to come up with the huge Obamacare co-pays that the State stuck them with.)

Lawmakers are also considering the authorization of $28 million in state-backed bonds for the Connector to use as operating capital until it becomes self-sufficient by 2022.  (Hence the need to fluff these numbers.)

read ... 11,600 Forced or Fake

Ige: Put Public Employees on Obamacare

Borreca: ...One of Ige's big concerns is getting the troubled Hawaii Health Connector online. Ige reports that he is trying to bring the different groups together and add a potential new customer — public employees — to bolster the system.

"We are trying to make it stable and sustainable," Ige said in a 30-minute interview in his office last week.

The system needs to plug in data from the state Medicaid system, but, Ige said, the computer systems were about as compatible as Microsoft and Apple.

"If we can get the Medicaid eligibility system, which is in the state, and the Health Connector on the same IT platform so we can reduce the ongoing costs and add whatever systems that share the same functionality, it will reduce the ongoing costs," Ige said, proving he is still an engineer.

If the result is having the more-than-40,000 public employees shopping for health plans on the Health Connector, it would add stability and customers to a system that needs both....

read ... Forced onto Obamacare

Senate passes bill for chief elections officer evaluations

HTH: The state’s chief elections officer would have to undergo a performance evaluation after each general election under a plan approved by the state Senate.

The bill, SB 622, requires the Elections Commission to provide the written performance evaluation to the Legislature. It was introduced after problems during the 2014 elections that included 800 ballots that were missing in Maui and voters in storm-damaged parts of the Big Island who couldn’t get to the polls.

The Senate approved the bill Thursday. It now goes to the House.

Democratic Sen. Russell Ruderman, who represents some of the Big Island voters, called the bill a “baby step when a giant step is needed.”

Republican Sen. Sam Slom cast the lone vote against the evaluations bill Thursday, saying evaluations should be done by an independent panel outside of the commission.

“The current panel is poised to reward the chief elections officer for bad behavior,” Slom said on the Senate floor before the vote. “They wanted to increase his salary before, and they’re currently in negotiations to do that again. We need someone outside of that commission to actually review the work of the commission to make sure they’re doing things as required by law.”

Sen. Les Ihara, who introduced the bill, said after the vote that Slom is responsible for appointing members to that panel. He added that Slom and Republicans in the House have a disproportionate influence on the appointed commission’s composition because the state’s small Republican Party gets to appoint the same number of commissioners as the Democrats.

But the commission has limited authority over the chief elections officer because the commission was created by statute, and the elections officer is listed in the state constitution, Ihara said....

read ... Evaluate Nago

Civil Beat's Gross Ignorance

KE: It's not unusual for the state Legislature to be clueless, seeing as how it's susceptible to pressure —financial and otherwise — from special interest groups. But when the Civil Beat editorial board weighs in, I expect them to have at least some idea what they're talking about.

Unfortunately, the Civil Beat editorial board shows its gross ignorance in calling today for the Senate to pass SB 1037, which requires all farmers to disclose all their use of pesticides.

It's not that I have a problem with pesticide disclosure. It's just that I wonder why Civil Beat and some lawmakers think it's OK to target only farmers.

Especially when a pesticide study by the state Department of Healthfound that urban Oahu streams had the highest number of pesticides present.

But even then, “None of these levels present a risk to human health or the environment,” according to DOH toxicologist Fenix Grange.

So what is the problem, exactly?

And then there's the report from the Department of Ag confirming that in the past eight years, not a single episode of school evacuations was caused by agricultural pesticides. Instead, homeowners misapplying pesticides, and a turf company, were the culprits.

From their comfy perch in downtown Honolulu, it's easy for urban legislators and the Civil Beat editorial board to issue a dictate to farmers, to sanctimoniously term the bill a “modest proposal” and the “neighborly thing to do.”

They have no idea what the true cost of this legislation is to farmers. And I'm talking economically, in terms of complying with disclosure, and socially, in having to deal with the nuts who are gentrifying agricultural land and trying to shut down the farms in their midst.

read ... Musings: Gross Ignorance

Why Maui GMO ban may be overturned despite voter approval

KHON: ...In the general election, in a close vote of 51-to-49 percent, Maui('s easily swayed) residents approved a referendum to ban genetically modified organisms in the county.

But a lawsuit has blocked the ban from taking effect. Maui County voters may be wondering why the ban is in trouble after they went to the polls and passed it.

David Callies, a professor at University of Hawaii’s William S. Richardson School of Law, says GMOs and the use of pesticides fall under state jurisdiction, so even though Maui residents voted in favor of the ban, the courts can block it because state law trumps county initiatives.

“The legislature granted the power to control most land use to the counties. This is not one of those that they passed on to the counties who knew before the court came down with this decision,” he said.

Callies says Kauai and Hawaii county councils passed similar bans and the federal court has overturned them for the same reason. Both cases have been sent to the 9th Circuit Court for an appeal.

Callies says it seems unlikely that the higher court will overturn and let the ban stick.

“The 9th Circuit tends to pay a lot of attention to the state’s interpretation of its own laws and so now that we have an interpretation that the regulation of genetically modified organisms and pesticides is a state issue. I think it’s unlikely to overturn that,” Callies said....

read ... Anti-GMO Idiots Have no Authority

Gov. Ige Defends Ching Appointment

KITV: It is Ige's choices for land director and deputy land director that has raised eyebrows and have some questioning whether he's already alienated part of the political base that swept him into office.

Ige defended his selection of Carleton Ching and Kekoa Kaluhiwa.

"You know we did have a transition team that was trying to help identify and recruit potential candidates. It's not all that unsimilar that other governors in other administrations have," said Ige. "You know, it has been a challenge to find committed, qualified leaders."

"You know, I do believe that we are going through a transformation. It really is about restoring a commitment to public service and you know, I see so many opportunities for us to really move our state forward with the right leader and the right experience," said Ige.

Ige says Ching is the right man to head up the Department of Land and Natural Resources.

"It's a couple things. He does have executive experience that I was very interested in. You know, he was very early in his career. He was instrumental in resolving the conflict with the Waihole-Waikane Community Association and the State of Hawaii as we had just transitioned and had committed to preserve those valleys," said Ige.

The governor said Ching also has experience in water development, preservation of lands and land management. Ching still faces opposition though.

"We have been going out and meeting with as many groups as are interested. I met with a number of them. I know that Carleton has gone out to meet with them, to talk about who Carleton is and what his perspective is," said Ige.

"You know, I am meeting with as many people and organizations that want to meet about the nomination. You know, I think that if you look at Carleton the person and his skill sets and what he brings to the job, I think that that's the important part of it," said Ige. "I have more comments about the performance of the Department of Land and Natural Resources than any other department after being elected, you know. I was looking for a strong manager, and executive, because I think that that would be fundamentally important."

"I've talked with Carleton a lot about what we should be, what the mission of that department is," Ige continued. "He clearly understands that if he is given the opportunity and confirmed by the senate, that he would work for the people and the people of Hawaii in a role that would allow him to focus his energies on preservation of the natural resources, cultural historic properties that are assets to our community. At the same time, bring his managerial, executive expertise to allowing us to make the operations of the department more effective and efficient."

read ... 100 Days

Lawmakers consider ditching ethanol mandate for gasoline

KHON: Nine years after a major change at the gas pump was forced on Hawaii drivers, many are now calling it a failed experiment and want it gone.

Back in 2006, the state ordered ethanol to be mixed with gasoline. The additive is commonly made from sugar cane or corn. Most gasoline sold here is a blend of 10 percent ethanol, referred to as E-10.

At the K&Y repair shop in Kakaako, the move to add ethanol at the gas pump was a big boot to business. Before ethanol, Frank Young repaired a couple of fuel pumps a year. After ethanol was added to gasoline, that number rose to 15 a year.

“It would clear the lines and all the varnish and everything would go into the fuel pump,” said Young. “The pump would go out, costing consumers hundreds of dollars to change a fuel pump.”

To avoid that problem with lawn equipment, some people buy gasoline without ethanol, but you pay a premium price. KHON2 saw one gas station where the price is 22 cents more a gallon over the price of a gallon of regular gas....

Officials with the state Department of Business, Economic Development and Tourism testified this year on SB717, the proposal to do away with the ethanol mandate, that “although ethanol has reduced the consumption of petroleum products in the transportation sector, it has been imported and has not been produced locally despite the availability of tax credits.”

The testimony from department director Luis P. Salaveria went on to say that “as Hawaii refiners face a more challenging future consistent with the findings of the 2014 Hawaii Refinery Task Force Final Report, any added costs associated with ethanol blending could adversely affect gasoline price and supply.”

read ... Ethanol

HB544: Lawmakers say University of Hawaii Cancer Center campus should be leased or sold

PBN: House Bill 544 proposes that the university regents search for a potential buyer, determine a mode of offer, project revenue gain, and study a possible relationship between and land lease and building sale. The bill assumes that the lessee would cover repair and maintenance costs.

The legislation requires that the regents report back to the Legislature with any findings 20 days prior to the next legislative session.

The center, which finished its 2014 fiscal year with a $10 million deficit, could deplete its reserves in two and a half years, according to financial projections.

An annual $8 million debt service on the facility and the reliance on an unsustainable state cigarette tax fund have contributed to the center's financial instability.

read ... Lease or Sell

UH Richardson Ranks 82nd -- up from 100th

WSJ: As for the gainers, St. John’s University Law School in New York City gained 25 spots to come in 82nd. Syracuse University went from 107th to 87th. University of Tennessee–Knoxville also jumped 20 spots, moving from 72nd to 52nd, in a tie with University of Richmond. University of Hawaii-Manoa came in 82nd place, moving up 18 spots. University of Nevada-Las Vegas was ranked 67th this year, up from 83rd.

read ... The Wall Street Journal

Solar Installations Down 40% for February

PBN: ...Last month, 343 PV permits were issued by the city's Department of Planning and Permitting, down 40 percent from the same month last year and a 67 percent dip from February 2013.

The top contractors, ranked by permits pulled, include American Electric Co. LLC (70 permits, $2.1 million sales volume),Alternate Energy Inc. (63 permits, $1.5 million sales volume), Bonterra Solar Services (55 permits, $1.8 million sales volume), RevoluSun LLC (54 permits, $1.2 million sales volume) and REC Solar Inc. (52 permits, $1.9 million sales volume).

Mangelsdorf noted that Maui's Electrical Solutions, one of companies that got into PV early on and was part of Ala Moana Center's large project, recently filed for Chapter 11 bankruptcy, which may be indicative of the slow market.

"If these kinds of numbers keep up, there will likely be more such filings," he said in an email to PBN....

read ... Down 40%

Judge signs off on more than $79,000 in fees and expenses in Occupy Honolulu case

DN: Judge J. Michael Seabright signed off this morning on a payment of $79,093.45 in attorneys fees in the case of De-Occupy Honolulu et al v. City and County of Honolulu et al, which settled at the end of July, 2014 with the payment of damages to the plaintiffs.

Judge Seabright also awarded plaintiffs $594.33 in costs.

read ... Worth $79K?

New hire sues Hawaii County over Drug Testing

SA: A Kailua-Kona woman who applied to be a legal clerk for Hawaii County contends she should not have had to disclose her medical history and undergo a physical examination and drug test before she starts the government job.

Rebekah Taylor-Failor filed a class-action lawsuit Monday in U.S. District Court against the county, claiming the county's pre-employment requirements violate her constitutional rights against illegal searches and seizures, and invasion of privacy. She is asking a federal judge to issue a temporary restraining order to suspend the county's practice so she can start work next week.

Taylor-Failor said in the suit that the county gave her a conditional job offer to start work Monday. But before she could start work, she said, she had to submit to a physical examination and answer a medical history questionnaire asking whether she has had a sexually transmitted disease, hemorrhoids, cancer or a mental illness.

She said the county also asks job candidates whether they have ever been hospitalized, received emergency room services, if they have had surgery, been prescribed medication or rejected from military service, employment or health insurance coverage for health reasons.

Hawaii County provides a copy of its Pre-Entry Medical Examination Guide online. The guide includes 14 pages of conditions that could disqualify a candidate from employment.

Taylor-Failor said she submitted her questionnaire to a county employee, who doesn't work for the Hawaii County Department of Human Resources, who then disclosed the information to a county physician. Taylor-Failor said she received no assurances that her private medical information was not or will not be shared with her future supervisor or anyone else.

She said the county scheduled her to provide a urine sample for drug testing Tuesday.

CN: Hawaii County job applications invade privacy, asking whether applicants "have had sexually transmitted diseases" or "rectal or hemorrhoid problems," a class action claims in Federal Court

read ... Questions

Sovereignty Activist Says He will get Driver's License

KGI: An Atooi nation member pleaded no contest to his fifth and sixth charges of driving without a license and was sentenced to 30 days in jail on Monday in 5th Circuit Court.

Adam Kekoa Kaai, 37, of Kapaa, initially represented himself in the matter and then chose court appointed counsel as the new charges were filed. On Monday, Kaai said he would comply with the process of becoming duly licensed by the state in order to drive to work and back because he has new priorities.

“I just care about my daughter, and I want to do what is right for her,” Kaai said.

read ... License

34 Convictions in 57 Years: Judge Thanks Lifelong Criminal for Helping Keep Lawyers Employed

MN: ...A Kihei man with a record of 34 prior convictions was sentenced last week to a five-year prison term for stealing food from various grocery stores over the past two years.

Bryan Kaleimanu Benz, 57, pleaded no contest to three counts of second-degree theft. He was ordered to pay $4,851 in fines.

The thefts occurred on May 20, 2013, at Sack 'N Save in Wailuku, June 29 at Costco and July 5 at a Foodland supermarket, according to court records. Items Benz stole were primarily meat and seafood.

Benz's history includes two prior five-year prison terms - in 2010 for theft and in 2001 for drugs, terroristic threatening, theft, burglary and other crimes.

Of his 34 convictions, 15 are for thefts....

read ... Soft on Crime

Mainland Sex Offender Group Suggests 'Pedophile Island'--Hawaii

SB:  Ben Boychuck’s recent article (“Best solution may be sex offender ‘colonies,’” March 6) reminded me of a similar suggestion in 2010 by gubernatorial candidate Douglas Hughes to build a “pedophile island” off the California coast. Thankfully, Hughes was not elected, but his sentiments are often echoed across the nation....

The best solutions aren’t always popular, but effective laws should be rooted in reason, not reaction. But if you still insist in sending registrants to an island, then allow us to pick. Hawaii looks nice and warm this time of year.

read ... Coming to Hawaii

Could China Arm Hawaiian Nationalists?

MW: I don’t believe anybody at any command takes this Chinese lip-flapping as a threat to military facilities here.

But the arm-the-Hawaiians remark is worth tossing out there mainly because of something then-Secretary of State Hillary Clinton said in 2002 after talks with the Chinese about their claims to islands in the South China Sea that also are claimed by Japan, the Philippines or Indonesia:

“At one point in one of my long discussions about this, one of my Chinese interlocutors said, ‘Well, we could claim Hawaii,’” Clinton said. “I said, ‘Well, go ahead, and we’ll go to arbitration and prove we own it. That’s what we want you to do.’”

Background: Hawaiian Independence Movement Attracts Chinese Interest

read ... China

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