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Health

Why Mental Health Professionals Are Concerned About New York’s New Gun Safety Law

On Tuesday, New York became the first state to enact sweeping gun safety measures in the wake of last month’s horrific shooting at Sandy Hook Elementary School. The provisions of the NY Secure Ammunition and Firearms Enforcement (SAFE) Act, which Gov. Andrew Cuomo (D-NY) signed into law yesterday, are far-reaching in their scope and address everything from high-capacity magazines to gun registration requirements.

But certain portions of the bill meant to address the mentally ill — particularly a requirement that medical professionals report patients with violent thoughts to public health authorities — have some experts concerned that the law might end up doing more harm than good for Americans in need of mental health services.

Medical professionals worry that the new legislation could deter mental health patients — regardless of whether or not they own a gun — from discussing thoughts of suicide or doing harm to others with their doctors, since they may fear the stigma of being reported to authorities. As Columbia University’s Dr. Paul Applebaum told the Washington Post, requiring doctors to report their mentally ill patients could put an enormous strain on the doctor-patient relationship, and potentially exacerbate the problem the new law is trying to address in the first place:

“It undercuts the clinical approach to treating these impulses, and instead turns it into a public safety issue,” Appelbaum said.

He also noted that in many mass shootings in the past, the gunman had not been under treatment and so would not have been deterred by a law like the proposed measure. Before the mass shooting in a Colorado movie theater last July, gunman James Holmes had been seeing a psychiatrist, but Appelbaum said he doesn’t know whether a law like New York’s would have made a difference.

Dr. Steven Dubovsky, chairman of the psychiatry department at the University at Buffalo, called the new measure meaningless. “It’s pure political posturing” and a deceptive attempt to reassure the public, he said.

The intent seems to be to turn mental health professionals into detectives and policemen, he said, but “no patient is going to tell you anything if they think you’re going to report them.”

And considering the fact that over half of all gun deaths are suicides, the SAFE Act’s onerous requirements regarding patients with “harmful” thoughts could even disproportionately affect suicidal Americans by making them feel insecure in their doctor’s offices.

Since the shooting in Newtown, what began as a meaningful conversation on the issues with America’s mental health care system has devolved into an effort to sidestep gun safety laws by scapegoating and stigmatizing Americans with mental health problems as the real root of gun violence — as the NRA’s Wayne LaPierre did during his bizarre press conference last month.

But people with mental illnesses are not actually prone to violence, and the fact that several high-profile mass murderers in recent years have suffered from mental health problems should not fool anybody into believing that all Americans living with mental illness are at risk of becoming murderers. Ultimately, as President Obama pointed out today while unveiling his sweeping gun safety proposals, “someone with a mental illness is far more likely to be a victim of violent crime than the perpetrator.”

Politics

New York Lawmaker: There Will Be More Than 7 Bullets In My Wife’s Firearm!

New York State Assemblyman Steve Katz (R) spoke out against the state’s proposed ban on assault weapons on Tuesday and threatened to defy the legislation should it become law.

New York is expected to become the first state to pass a gun safety measure since the shooting in Newtown, Connecticut, with a final vote scheduled for Tuesday. The comprehensive measure outlaws assault weapons and high capacity ammunition and requires New Yorkers who own military style firearms to register them with the state police. Gun magazine that can hold over 7 rounds of ammunition would be banned, the state will conduct more background checks and access to guns by the mentally ill will be drastically limited.

Speaking against the bill, Katz warned that it transforms gun owners into “a new class of criminals overnight” and pledged to load his wife’s guns with more bullets than is allowed under the proposed legislation:

KATZ: After what happened to the young mother in Loganville, Georgia who defended her two young children against an intruder, this bill would turn me into a criminal because you can bet that before I leave to do the people’s work, there will be more than 7 bullets in the magazine of my wife’s firearm.

Watch it:

While some Republicans support the measure, others argue that it will result in job losses and limit the rights of law abiding citizens from protecting themselves.

Throughout Tuesday’s debate, the GOP warned that some gun owners or dealers may refuse to register their weapons, conduct background checks, and “push back” against the restrictions through violent means. Republicans also charged that New York Gov. Andrew Cuomo (D) is rushing the restrictions to advance his own presidential ambitions.

Meanwhile, research shows that a “gun in the home is 22 times more likely to be used in a completed or attempted suicide (11x), criminal assault or homicide (7x), or unintentional shooting death or injury (4x) than to be used in a self-defense shooting.”

Justice

What Everyone Should Know About New York’s New Gun Law

The New York State legislature has passed a piece of gun legislation called the New York Secure Ammunition and Firearms Enforcement Act, or NYSAFE. The comprehensive measure makes sweeping changes to how the state approaches firearms and mental health. Here’s everything you need to know about the measure:

1. New York is the first state to do something since Newtown. There has been a lot of talk about gun safety legislation in the wake of the horrific murder of 20 little kids and seven adults, but New York legislators are the first to pass any measures at all that might help to prevent such incidents from recurring. At least ten states have proposed gun laws.

2. It regulates access to the most deadly weapons and ammunition. One of the primary functions of the bill is that it bans certain guns and ammunition that allow a murderer to kill with little effort. The bill, the New York Times reports, “[bans] semiautomatic pistols and rifles with detachable magazines and one military-style feature, as well as semiautomatic shotguns with one military-style feature. New Yorkers who already own such guns could keep them but would be required to register them with the state.” New York is the third state with this kind of assault weapons ban, along with Massachusetts and New Jersey. It also bans magazine clips that hold more than seven bullets.

3. It protects the mentally ill. The bill will require gun owners in homes with mentally ill people to properly lock up firearms. It also requires mental health professionals to report to authorities any patient who is suicidal or has thoughts about killing others, so that guns owned by such individuals can be confiscated if they are found to be a public threat. Legislators also included another protection for the mentally ill: It expands the ability of judges to order mentally ill people to seek outpatient care.

4. Republican state senators supported it. The Republican-controlled state senate voted in favor of the bill by a margin of 43 to 18. Republican senators were vocal in their support. State Sen. Dean Skelos, a Republican from Long Island, told Bloomberg News, “he voted for Cuomo’s bill because it strikes a balance between gun owners’ rights and public safety.”

The bill is more than a symbolic answer to a tragedy; it will probably help to curb violence in the state. A recent Washington Post study showed that, when the federal assault weapons ban was in place for ten years, far fewer high-capacity guns were found at crime scenes — only 9 percent. After the ban expired, that jumped to 20 percent.

Health

NYPD Will Implant GPS Chips Into Pill Bottles To Combat Prescription Drug Abuse

In an effort to curb the growing epidemic of Americans abusing prescription drugs, the NYPD will begin asking pharmacies in the city to mix in so-called “bait bottles” containing GPS locator chips into their stocks of prescription drug medications, CBS News reports.

According to NYC Police Commissioner Raymond Kelly, prescription drug abuse has become an unsustainable public health problem for the city. Police hope that putting locator chips in some medication bottles will allow them to effectively track stolen bottles and uncover large-scale prescription drug stash houses:

In prepared remarks provided in advance of his appearance [at a conference on health issues hosted by Bill Clinton], Kelly says the initiative was prompted by a spate of high-profile crimes associated with the thriving black market for prescription drugs, including the slaying of four people on Long Island during a pharmacy holdup in 2011. He also cites the case of a retired NYPD officer who, after retiring with an injury and getting hooked on painkillers, began robbing drug stores at gunpoint.

Prescription drug abuse “can serve as a gateway to criminal activities, especially among young people,” the commissioner says. “When pills become too expensive, addicts are known to resort to cheaper drugs such as heroin and cocaine. They turn to crime to support their habit.”

The NYPD has begun creating a database of the roughly 6,000 pharmacies in the New York City area with plans to have officers visit them and recommend security measures like better alarm systems and lighting of storage areas. Kelly says it also will ask them to stock the GPS bottles containing fake oxycodone.

NYPD’s medication-tracking initiative comes on the heels of earlier measures to track the distribution and sale of prescription drugs. Last summer, Gov. Andrew Cuomo (D-NY) signed an expansive drug abuse prevention bill requiring, among other provisions, centralized electronic monitoring of prescription drugs and safe disposal programs for unused medications.

According to national surveys, prescription drug abuse is America’s fastest growing drug problem, and over a third of American youth over the age of 12 who abused drugs for the first time used non-prescribed medications. While 35 states have active Prescription Drug Monitoring Programs (PDMPs), New York is the first to propose a sting operation of its kind in conjunction with pharmacies.

Health

Hundreds Of Veterans Accidentally Exposed To HIV At New York Hospital

Over 700 veterans may have been exposed to the HIV, hepatitis B, and hepatitis C viruses after a medical oversight allowed insulin pens to be shared between multiple patients at a Buffalo, NY hospital. According to hospital officials, the insulin pens — which are each supposed to be designated for a single patient, to help prevent the spread of diseases — were used incorrectly over a two-year period.

In November, pharmacy inspection rounds revealed that the hospital was storing insulin pens in supply drawers without any patient labels on them — despite the fact that the federal government has been warning against the practice of sharing insulin needles for years. In 2009, after a similar incident at a Texas hospital put more than 2,000 patients at risk, the Food and Drug Administration issued an alert about the issue.

“What has happened can only be described as the grossest of irresponsible and dangerous behavior,” Sen. Charles Schumer (D-NY) said of the incident. And representatives from the Buffalo area, including Rep. Brian Higgins (D) and Rep. Chris Collins (R), are now seeking an investigation into the hospital’s practices:

“Beyond the fact that the error occurred at all, most concerning was the length of time it took the Buffalo VA to catch the error — over two years, as well as the three-month delay in informing patients who may have been exposed,” Higgins, whose district includes the city of Buffalo, wrote in a letter to the VA on Monday. “Also detail why affected patients weren’t notified immediately.” [...]

“Unfortunately, since the day that new technology was introduced at the VA, they did not have a protocol in place that let the nurses know they were not supposed to use the cartridge on more than one patient,” Republican U.S. Rep. Chris Collins told CNN affiliate WGRZ. Collins also called the situation in Buffalo “unacceptable.” [...]

Higgins has also requested a detailed response outlining what steps will be taken to prevent any similar issues in the future.

An official from the Centers for Disease Control, Dr. Melissa Schaefer, told the Associated Press the CDC believes these incidents still go underreported despite previous warnings from federal public health officials. Part of the problem may be that some medical professionals, like the staff at the Buffalo-area hospital, may believe it’s safe to reuse insulin pens if they simply change the needle within the pen.

But Scaefer explained that’s not the case. “Reuse of insulin pens for more than one patient essentially is akin to syringe reuse,” she said. “You can get back flow of blood into that syringe or cartridge that contains the insulin and then you potentially expose others patients. And changing the needle wouldn’t make it safe for multi-patient use.”

Health

New York City’s Public Hospitals Will Tie Doctors’ Pay To The Quality Of Care They Provide

In a move that could end up serving as a model for both private and public health care systems across the country, New York City’s public hospitals are poised to begin linking doctors’ paychecks to the quality of the care they provide patients, the New York Times reports.

Obamacare already attempts to shift the nation’s health care model towards one that rewards better care quality — rather than the volume of services provided — by tying safety net hospitals’ reimbursement rates to procedural benchmarks and patient satisfaction questionnaires. But elements of the yet-to-be-finalized NYC proposal would go even further than that, potentially tying physician groups’ salaries and bonuses to a variety of performance indicators in an effort to improve care quality and lower health care costs:

“I would expect that we’re going to see this become more and more prevalent in compensation arrangements,” said Alan Aviles, president of the city’s Health and Hospitals Corporation, which runs the city’s 11 public hospitals and is the country’s largest public health system, handling more than 1 million emergency room visits a year.

The corporation’s plan would make doctors’ raises dependent on their performance on quality measures. The details are being negotiated with the doctors’ union, but both sides expect to reach an agreement that incorporates the idea. [...]

The public hospital system has come up with 13 performance indicators. Among them are how well patients say their doctors communicate with them, how many patients with heart failure and pneumonia are readmitted within 30 days, how quickly emergency room patients go from triage to beds, whether doctors get to the operating room on time and how quickly patients are discharged.

Union officials said they were still fighting for wage increases, in addition to performance bonuses. The union has also proposed expanding the indicators to 20, including measures that would give doctors bonuses for going to community meetings, giving lectures, getting training during work hours, screening patients for obesity and counseling them to stop smoking. It has also proposed excluding some patients — like developmentally disabled patients, homeless people and those who have no place to go — from incentives aimed at reducing the time patients spend in the hospital.

The strategy is not without risks. Just as doctors take advantage of the current scheme — in which a caretaker is reimbursed by public insurance programs for the bulk and length of the services provided — through shoddy practices such as “self-referring” and “upcoding” their safety net patients, they might also learn how to game this new system. Other countries with pay-for-performance models have had mixed results as to the efficacy of such programs.

But with quality indicators that are structured soundly and an effective oversight and enforcement mechanism, the pay-for-performance plan presents the opportunity to improve care while curbing costs. Most importantly, it encourages a proactive health care system that is actually centered on Americans’ general well-being, rather than the reactionary “sick care” paradigm that currently dominates the American medical landscape.

Health

New York Governor Declares Public Health Emergency Over Flu Outbreak

New York Gov. Andrew Cuomo (D) has declared a state of emergency in response to the recent flu outbreak, which the Centers for Disease Control reports has reached “epidemic” levels. Cuomo’s announcement ensures that children will have expanded access to the flu vaccination, since the governor’s order temporarily allows pharmacists to administer flu shots to patients between 6 months and 18 years old.

“We are experiencing the worst flu season since at least 2009, and influenza activity in New York State is widespread, with cases reported in all 57 counties and all five boroughs of New York City,” Cuomo said in a statement over the weekend. In addition to New York, 46 other states are also reporting high levels of flu cases this year, and Boston’s mayor also declared a state of public health emergency last week.

Less than half of Americans decided to get a flu shot by the end of December, even though vaccination is the best method to protect against influenza. Expanding access to vaccinations in pharmacies, as New York state is now attempting to do, could help start to address that discrepancy. But some enduring myths about vaccinations, a lack of widespread understanding about the potential dangers of influenza, and the fact that flu shots — unlike vaccinations against mumps and measles — aren’t tied to the ability to attend work or school could also contribute to Americans’ reticence to get the shot.

New York City’s health commissioner points out that it’s still not too late to get a shot. Americans who get vaccinated are about 60 percent less likely to come down with the flu, and public health officials say that some protection is better than nothing at all. However, as public awareness about the flu outbreak has spread and increasing numbers of Americans may be convinced to get a shot, pharmacies are worried about not being able to meet the rising demand.

Fortunately, the CDC reports the worst could be over since the current flu season may have already peaked. That’s especially good news for the 29 states that slashed their public health budgets from 2010 to 2012 and may not be prepared to combat a public health emergency.

Climate Progress

New York Governor Announces $1 Billion Green Bank And $1.5 Billion Solar Program

New York City officials are thinking more about climate resiliency in the aftermath of Superstorm Sandy. But adaptation — making the city more resilient to intensifying extreme weather — is only one part of an effective strategy.

Mitigating climate change through clean energy and other carbon reduction efforts is just as important. And New York Governor Andrew Cuomo seems to understand that.

In his State of the State address yesterday, Cuomo outlined plans for a new billion-dollar  “green bank” to leverage private funds for deploying clean energy technologies, announced a 10-year expansion of the state’s solar program by increasing funds $150 million per year, and named a new cleantech czar to oversee the efforts. The cumulative impact could be a massive expansion of renewables and efficiency in New York.

Here’s what the Governor had to say about the Green Bank:

The NY Green Bank leverages private capital in a fashion that mitigates investment risk, catalyzes market activity and lowers borrowing costs, in turn bringing down the prices paid by consumers. Through the use of bonding, loans and various credit enhancements (e.g.,loan loss reserves and guarantees), a Green Bank is a fiscally practical option in a time of severe budget conditions. Many public credit and investment programs require only a small amount of government funds, even holding taxpayers harmless or acting asmoney makers. And along with these benefits, the long-term public and social benefits of a robust and clean economy are virtually incalculable.

And here’s the language on the solar program:

Last year Governor Cuomo created the NY-Sun solar jobs program to bolster the use of solar power in New York, while also protecting the ratepayer. The goal of NY-Sun is to install twice as much customer-sited solar photovoltaic capacity in 2012 as was added in 2011, and to quadruple the 2011 amount in 2013. The NY-Sun program is authorized through 2015. This year, Governor Cuomo proposes to extend the successful NY-Sun program, continuing through 2023 the existing annual funding levels established under the program. The extended solar jobs program will provide longer program certainty to solar developers than current programs, funded through 2015, and is expected to attract significant private investment in solar photovoltaic systems, enable the sustainable development of a robust solar power industry in New York, create well-paying skilled jobs, improve the reliability of the electric grid, and reduce air pollution.

Solar has the potential to play a huge role in New York’s climate-conscious building strategy. Consider this: Two-thirds of New York City’s buildings could feasibly host solar-electric systems — enough to meet half the city’s demand for peak power. And a lot of that could be developed today at a cost competitive with current electricity rates.

The solar industry has been working hard for many years to expand New York’s solar policies. And this latest announcement from Governor Cuomo shows it’s really starting to pay off.  But actually funding these programs is the real issue. The State of the State address is designed to outline priorities — not always outline a plan for implementation. It remains to be seen if the Governor can fully raise the amount of money needed to meet these goals. The appointment of Richard Kauffman, a former adviser to Energy Secretary Steven Chu, as energy czar will certainly help the process along.

LGBT

Another Republican Backs Repeal Of Federal Anti-Gay Marriage Law

Rep. Richard Hanna (R-NY)

The Defense of Marriage Act, a 1996 law that remains one of the biggest obstacles to marriage equality today, has lost another supporter, this time a GOPer swept into Congress in the Tea Party wave of 2010.

Rep. Richard Hanna (R-NY) announced in a statement late last week that he has signed onto the Respect for Marriage Act, a bill to repeal DOMA. Since its passage in 1996, DOMA has defined marriage on a federal level as between one man and one woman, purposefully excluding gay and lesbian couples. DOMA also denies gay people who have legally wed in their states countless federal benefits and protections, such as Social Security survivor benefits if one partner dies.

However, the 16-year-old discriminatory law could be in its waning days. Though President Bill Clinton had signed the law, most Democrats now oppose it, and are gaining momentum in bringing Republicans on board. Rep. Ileana Ros-Lehtinen (R-FL) already opposes DOMA, and now Hanna becomes the 2nd GOPer to pull his support, as he detailed in an announcement Friday:

“New York State allows all its citizens the freedom to marry the person they love,” he said. “Under the Tenth Amendment, the federal government has a Constitutional responsibility to respect New York’s right to set its own laws. It’s my job to see that it does.

“It is right to extend equal protection under federal law to all couples who are legally married without infringing upon religious freedom and beliefs,” Hanna continued. “This legislation does not tell states who can be married or who must be treated as married, nor does it require any religious institution to violate their own convictions.

“I respect the deeply held beliefs on both sides of this issue,” he said. “The simple fact remains that the federal government has a responsibility to ensure all legally married couples are treated equally under federal law – and this bill would achieve that proper standard.”

An increasing number of Republicans are coming out in favor of equality. Perhaps most surprising is Newt Gingrich, a man who as Speaker in 1996 ushered in passage of DOMA, but reversed course last week and argued that Republicans should accept marriage equality. “The momentum is clearly now in the direction in finding some way to … accommodate and deal with reality,” said Gingrich.

Still, the entire debate in Congress over DOMA may be academic if the Supreme Court strikes it down next year. It will hear a challenge to DOMA in the first quarter of 2013 and issue a ruling in June.

LGBT

The Manufactured ‘Costly Toll’ For Republicans Who Support Marriage Equality

New York Sen. Mark Grisanti (R) won re-election despite an anti-gay campaign against him.

Thursday’s New York Times featured an article about the “costly toll” of the election for the four Republican Senators in New York who broke from their party in 2011 to vote for marriage equality. The National Organization for Marriage waged a campaign of vengeance against James Alesi, Roy McDonald, Mark Grisanti, and Stephen Saland, and because only one of those four will be returning to office in 2013, conservatives have claimed a victory. Rev. Jason McGuire of New Yorkers for Constitutional Freedoms was all too happy to boast:

MCGUIRE: People just don’t forget these things. I hope that what the Senate Republicans will have learned in the last election cycle is that policies of appeasement always fail. And essentially that’s what they did: they caved to the governor and really more liberal-minded interests rather than their core constituency.

Of course, several of the Senators explained that their minds had actually changed and they were voting their consciences, but conservatives only see the marriage equality as a betrayal. There are two main problems with the vengeance campaign. First, the likelihood of it actually impacting the fate of marriage equality in New York was marginal, if not “futile,” because New York doesn’t even have a referendum process. Secondly, the campaign didn’t actually work, because three of the seats are still occupied by Senators who support marriage equality.

Sen. Alesi chose not to seek re-election, so it’s difficult to say that he was “defeated.” He was also mired in a controversy that had nothing to do with his vote on same-sex marriage. The seat was filled by Democrat Ted O’Brien, who also supports marriage equality. Not only was this a failure for the vengeance campaign, it was a loss of an otherwise conservative seat for Republicans.

Sen. Saland faced a tough primary challenge from Neil Di Carlo, who stayed in the race as a Conservative candidate after losing the primary. Because Saland and Di Carlo split support from conservatives, Democrat Terry W. Gipson squeaked out a victory after Saland finally conceded this week. Like O’Brien, Gipson also supports marriage equality. Here again, conservatives lost Republican control of a seat because they insisted on championing an alternative candidate who opposes marriage equality.

Sen. Grisanti retained his seat. Though Conservative candidate Chuck Swanick took 11 percent of the vote, Grisanti still won handily over his Democratic opponent Mike Amodeo, garnering 50 percent of the vote. This easy victory was in spite of bullying tactics employed by NOM, including a “You’re Next” billboard.

Only Sen. McDonald counts as a true win in the vengeance campaign. He lost his Republican primary to conservative challenger Kathleen Marchione, who went on to win in the general election.

If the measure of the effort is how many marriage equality-supporting Republicans did not return to office, then the anti-gay front can claim success, but that is merely a manufactured rhetorical victory. Three of the four seats are still occupied by marriage equality supporters, and Republicans lost control of two of them. It’s impossible to frame that outcome as anything but a net win for LGBT equality and progressive values.

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