Alabama joins dozen states in asbestos bankruptcy trust investigations
Alabama’s Attorney General is joining colleagues from 12 other states in investigating asbestos bankruptcy trusts’ failure to pay out Medicaid payments as federal law requires. Lawsuits have sent more than 60 manufacturers of asbestos or asbestos-containing products into bankruptcy and have paid out more than $17 billion since 2008. The attorneys general claim that the bankruptcy trusts, which are often overseen by plaintiff lawyers, are not giving Medicare and Medicaid their fair due when making payments to claimants. The law requires any outstanding payments due to Medicare or Medicaid be taken out of any settlement received by a claimant, and attorneys can even be held liable for making sure those bills are paid. The 13 attorneys general sent demand letters to bankruptcy trusts for Armstrong World Industries, Babcock & Wilcox, DII and Owens Corning/Fibreboard back in December, and after receiving no response elected to file a civil suit in Utah this month to move forward on recovering Medicaid payments. In the suit, the AGs claim attorneys are abusing the asbestos trusts and that they are injuring states “by improperly draining the trust assets, precluding future legitimate claimants from relying on asbestos trusts, and leaving states with the high cost associated with asbestos-related disease.” The suit also alleges that the lack of oversight in the trusts compounds the issues, and that many claimants may be getting undeserved payouts. “A late-1990s audit of the Manville Trust, for instance, revealed that 41 percent of claimants to that trust had either no disease or a less severe condition than they had alleged in their claim forms, with false rate claims of 63 percent for the doctors claimants used most often,” the suit says.
Alabama announces its support for Donald Trump’s travel ban
The state of Alabama has thrown its support behind President Donald Trump‘s revised travel ban. On Monday, Alabama Attorney General Steven Marshall announced Alabama has joined 12 other states in filing an amicus brief in support of the Trump administration’s executive order temporarily restricting the admission of foreign nationals from six countries posing a security risk to the United States. The executive order was recently ruled unconstitutional by a federal court in Maryland, and the Trump administration has since appealed that ruling. Marshall says Trump has the legal authority to forbid foreign nationals from entering the U.S. “As president of the United States, Donald Trump has the legal authority to restrict entry into this country of any foreign national who may pose a risk to our safety and security,” observed Marshall. “It defies reason that the federal courts would seek to block the Commander in Chief from exercising his legal authority to preemptively safeguard Americans’ security. “In response, Alabama has sent a signal that we support the Trump administration’s executive order restricting entry of foreign nationals from six countries with the strongest record of terrorism: Iran, Libya, Somalia, Sudan, Syria and Yemen.” Alabama joined Texas, Arizona, Arkansas, Florida, Kansas, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, South Dakota and West Virginia in filing an amicus brief Monday in support of the Trump administration.
Jr League of Birmingham hosts engaging and informative roundtable series
For nearly 100 years, the Junior League of Birmingham (JLB) has been a source of constant support in the Magic City. Dating back to 1922, the now-2,500-member League has actively supplied volunteers to some of the city’s greatest needs. From volunteering during the throes of the Great Depression and World Wars, to pioneering community projects, to proffering annual community endowments — the League has played a part in it all. Staying ever true to its mission of “improving the community through the effective action and leadership of trained volunteers,” the League continues to give back to the Birmingham community. This League year, JLB has hosted a series of community roundtables on important issues that matter to Alabamians — a possible Alabama lottery, legislative issues including Medicaid, predatory lending, prison reform, as well as race relations. The League took on the topic of race relations back in August, following a Pew Research Center report on the state of race relations in America. For JLB leaders, the report served as a stark reminder that the issue of racial inequality is just as urgent as ever. They hosted the event as a way to hear from community leaders to discuss racial matters affecting the community and ways to heal. “Discussion of police interactions with minority communities; institutions and interpersonal racism; and ‘safe spaces’ are dominating popular literature, film, television, talk shows and newspaper column inches. It seems everyone, everywhere, is talking about race in some capacity. The issue of racial inequality is truly not a trendy issue; it is an entrenched issue,” said a JLB press release. The roundtable, which was open to the public, featured panelists Joan Witherspoon-Norris, director of social justice at the YWCA; Lyord Watson, a preacher and philanthropist; Marquita Furness Davis, executive director for the Jefferson County Committee for Economic Development (JCCEO); and Hill Carmichael, the director of Urban Ministry. When moderator Crystal Maxena asked the first question, “Do we need to have conversations about race in Birmingham?” It was Witherspoon-Norris’ response that set the tone of the day, “So many of us are emotionally charged about race. Racism is so insidious that sometimes it’s hard to know what it is.” “There are so many indicators that racism is alive and well,” Witherspoon-Norris continued. “The systems that run our society – banking, predatory lending, education, criminal justice – every indicator says that racism is thriving. If we want to fix that so that people have a fair shot, regardless of that race, we definitely need to talk about it.” Alabama Today publisher Apryl Marie Fogel attended the event and said, “What struck me most about the event was the diversity of the panel and the audience; this contributed to a lively and informative conversation. The Junior League of Birmingham did a great job of hosting an engaging panel and of reaching out within the community to encourage a broad range of attendees each of whom pledged their support to improving race relations within our city.” Little over a month later, JLB hosted another roundtable on the hot-topic issue of a possible state lottery. There, the JLB encouraged leaders from across the state to discuss the current legislation in Montgomery surrounding the lottery and how it would effect our state and the local economy. Panelist included Joe Godfrey, Executive Director, Alabama Citizens Action Program; Nat Winn, Jr., President and CEO, Greenetrack; as well as Stephanie Bryan, Tribal Chair and CEO for the Poarch Creek Band of Indians. JLB chose to tackle the topic immediately after a proposed constitutional amendment to allow a lottery in the state of Alabama died in late August in the state Senate. Gov. Robert Bentley had proposed the lottery to help fund the state’s budget shortfall. Earlier this month, the League held its third roundtable of the “League year,” which annually spans from June-May, where they took a look at issues being discussed in the current legislative session of the Alabama Legislature including Medicaid, predatory lending and prison reform. Guin Robinson, Director of Community Outreach, Jefferson Community College, moderated the panel and discussion, which featured several members of the state legislature including state Reps. David Faulkner, Connie Rowe, Rod Scott, Rodger Smitherman and Jabo Waggoner. This particular roundtable, open to the public, became heated as voters starting shouting at the panel over the fact the Legislature has not raised the state’s minimum wage as well as Gov. Robert Bentley‘s prison construction plan. Fogel said, “I believe there’s a perception when it comes to the junior league that it’s just a social organization but what I’ve learned from the outreach and hosting of these events is that first and foremost this is a group women invested in making our city and the surrounding area stronger, safer and better.”
Personnel note: Paul Kavinoky joins Bradley’s Birmingham, DC offices
With more than 20 years of experience in external affairs, public policy, reputation management and stakeholder engagement, Paul Kavinoky has joined Bradley Arant Boult Cummings LLP‘s Birmingham and Washington, D.C. offices as a Senior Advisor for Government Affairs & Economic Development. “The firm is thrilled to welcome Paul to our Birmingham and Washington, D.C. offices,” said Bradley Chairman of the Board and Managing Partner Beau Grenier. “His background and Hill experience are a valuable addition for our clients looking to achieve their legal and business objectives through economic development initiatives and often-complex interactions with government branches, entities and officials.” Kavinoky most recently served as Chief Advisor for Rio Tinto in Washington, D.C., leading the global mining company’s U.S. government and external affairs strategy. He has extensive experience refining key policy objectives, implementing legislative strategy and managing communication strategies. In addition, he has developed valuable experience working with domestic and international executives, government and nongovernment stakeholders and key Congressional committee members. Before that Kavinoky served as Senior Managing Director for global law firm Dentons, as Legislative Director for the office of former Washington-Republican U.S. Rep. George Nethercutt, and as Deputy Chief of Staff for former California-Republican U.S. Rep. and former House Resources Committee Chairman Richard Pombo. Kavinoky earned a Bachelor of Arts from the University of the Pacific.
Donald Trump’s border wall with Mexico faces all kinds of obstacles
President Donald Trump has now laid out exactly what he wants in the “big, beautiful wall” that he’s promised to build on the U.S.-Mexico border. But his effort to build a huge barrier to those attempting to enter the U.S. illegally faces impediments of its own. It’s still not clear how Trump will pay for the wall that, as described in contracting notices, would be 30 feet (9 meters) high and easy on the eye for those looking at it from the north. The Trump administration will also have to contend with unfavorable geography and many legal battles. A look at some of those obstacles: MONEY Trump promised that Mexico would pay for his wall, a demand Mexico has repeatedly rejected. Trump’s first budget proposal to Congress, a preliminary draft that was light on details, asked lawmakers for a $2.6 billion down payment for the wall. An internal report prepared for Homeland Security Secretary John Kelly estimated that a wall along the entire border would cost about $21 billion. Congressional Republicans have estimated a more moderate price tag of $12 billion to $15 billion. Trump himself has suggested a cost of about $12 billion. It’s unclear how much money Congress will approve. Lawmakers have been balking at his plans to sharply cut other federal spending to pay for the wall and other boosts to border security, while increasing military spending. White House spokesman Sean Spicer told reporters this past week that the administration was still looking at how the wall would be funded, adding that it hasn’t given up on Mexico footing the bill. ___ GEOGRAPHY Roughly half of the 2,000-mile (3,200-kilometer) U.S.-Mexico border is in Texas and marked by the winding and twisting Rio Grande. A 1970 treaty with Mexico requires that anything built near that river not obstruct its flow. The same treaty applies to a stretch of border in Arizona, where the Colorado River marks the international boundary. Some fencing that is already in place along the frontier is built well off the river, in some places nearly a mile (about a kilometer) away from the border. Trump will have to navigate not only the treaty maintained by the International Boundary and Water Commission but also various environmental regulations that protect some stretches of border and restrict what kind of structures can be built and where. The contracting notices of March 17 say the Trump administration wants the wall dug at least 6 feet (almost 2 meters) into the ground. Along parts of the border in California, environmentally sensitive sand dunes required that a “floating fence” was built to allow the natural movement of the sand. ___ LEGAL CHALLENGES Nearly all of the land along the Texas border is privately held — much of it by people whose families have been in the region for generations — and buying their land won’t be easy, as Presidents George W. Bush and Barack Obama discovered. Lawyers for both administrations fought in court with private landowners. Obama’s efforts to buy privately held land in the Rio Grande Valley have carried over into Trump’s term. The Trump administration appears to be preparing for the legal fight and included a request for more lawyers to handle such cases in its budget proposal. Spicer said this past week the administration would “take the steps necessary” to fulfill Trump’s promise to secure the southern border. Republished with permission of The Associated Press.
Ivanka Trump to attend women’s economic summit in Berlin
Ivanka Trump is planning a trip to Germany to attend a summit on the economic empowerment of women, a senior administration official says. The first daughter was invited by German Chancellor Angela Merkel during Merkel’s recent White House visit, said the official, who was not authorized to discuss details of the trip by name and requested anonymity. The W20 summit, a women-focused effort within the Group of 20 countries, will be in Berlin in late April. Ivanka Trump’s plans are still being worked out, but she hopes to study successful apprenticeship programs during her visit. Merkel and Ivanka Trump spent time together when Merkel visited the White House to meet with President Donald Trump. At the request of German officials, the first daughter helped arrange a meeting between American and German business leaders to discuss vocational training. The meeting marked the second time foreign leaders reached out to Ivanka Trump to coordinate an economic conversation. During Canadian Prime Minister Justin Trudeau‘s visit last month, she helped organize a meeting on economic development opportunities for women. That came together at the suggestion of Trudeau’s office. Ivanka Trump has been discussing job training opportunities with CEOS for some time, starting with meetings she held before her father took office. She has also pledged to work on expanding economic opportunities for women. The first daughter is seen as a rising power in the young administration. She is getting an office in the West Wing, a security clearance and government-issued electronic devices even though she is not an official employee. She is relinquishing control of her lifestyle brand, but is retaining ownership. Ivanka Trump also has pledged to voluntarily comply with all ethics rules that apply to employees. Still, ethics experts have raised concerns that by not becoming an official employee, she could skirt transparency and ethical provisions. Republished with permission of The Associated Press.
EPA chief: Donald Trump to undo Barack Obama plan to curb global warming
President Donald Trump in the coming days will sign a new executive order that unravels his predecessor’s sweeping plan to curb global warming, the head of the Environmental Protection Agency said Sunday. EPA chief Scott Pruitt said the executive order to be signed Tuesday will undo the Obama administration’s Clean Power Plan, an environmental regulation that restricts greenhouse gas emissions at coal-fired power plants. The 2015 rule has been on hold since last year while a federal appeals court considers a challenge by coal-friendly Republican-led states and more than 100 companies. Speaking on ABC’s “This Week,” Pruitt said Trump’s intention is to bring back coal-mining jobs and reduce the cost of electricity. Supporters of former President Barack Obama‘s plan, including some Democratic-led states and environmental groups, argue it would spur thousands of clean-energy jobs and help the U.S. meet ambitious goals to reduce carbon pollution set by an international agreement reached in Paris in late 2015. Pruitt on Sunday called the Paris climate accord a “bad deal” because he said it went too easy on China and India, who like the U.S. are among the world’s leading producers of carbon dioxide. “So we’ve penalized ourselves through lost jobs while China and India didn’t take steps to address the issue internationally. So Paris was just a bad deal, in my estimation,” he said. Republished with permission of The Associated Press.
Bradley Byrne: What’s next for health care
Last week was a hectic and monumental week at the U.S. Capitol. As we prepared to mark the 7th anniversary of the Affordable Care Act, or Obamacare, President Donald Trump was pushing the House to pass his plan to repeal and replace Obamacare. Known as the American Health Care Act, the bill would have repealed Obamacare, ended the government mandates, cut taxes, lowered premiums, reduced the deficit, and transferred control over health care from the federal government to the individual states. I was ready to vote in favor of the bill and support President Trump’s agenda. Unfortunately, the bill did not have the support needed to pass, and it was pulled before a vote was ever held. I was certainly disappointed by this outcome because I want to repeal and replace Obamacare with something that actually works. Some Democrats, like former Speaker of the House Nancy Pelosi, used this occasion to celebrate and claim victory. Despite their jubilation, Obamacare is still on a collision course with disaster. So, while they may want to celebrate now, Obamacare still must go. President Trump has indicated that he wants to move the focus from health care to other issues, like tax reform, and I think it is important we continue moving forward with our conservative, pro-growth agenda. That said, we cannot give up on our efforts to bring relief to the American people when it comes to health care. In fact, just last week, the House succeeded in passing two separate bills focused on improving our nation’s health care system. The first bill, the Competitive Health Insurance Reform Act, passed with overwhelming bipartisan support by a vote of 416 to 7. The bill updates the McCarran-Ferguson Act of 1945 to restore competition in the health insurance industry by ensuring application of federal antitrust laws. I have long believed that increasing competition is key to fixing our health care system and lowering costs. By ending a special-interest exemption in law, we can rein in insurance company practices, increase competition, and lower prices for consumers. The second bill, the Small Business Health Fairness Act, is all about helping our small businesses lower health care costs for their employees. The bill empowers small businesses to band together through association health plans to purchase health insurance. This will allow them to increase their bargaining power, negotiating for lower health insurance rates on behalf of their employees. The Small Business Health Fairness Act simply guarantees that our nation’s small businesses are afforded the same opportunities given to large corporations and labor unions. Small businesses are the backbone of our economy, and it is critical they be able to offer affordable insurance options to their workers. Additionally, Secretary of Health and Human Services, Dr. Tom Price, has indicated he stands ready to use his administrative power to stabilize the insurance market and give states additional flexibility when it comes to health care. The way Obamacare was written, the Secretary has a lot of control and power, and it is important Dr. Price use that authority. Ultimately, I expect we will be back debating the repeal and replacement of Obamacare sooner rather than later. In the meantime, we should not stop looking for targeted ways to increase competition, lower costs, and help American families. Last week’s health care setback is disappointing, but we must move on from this moment and continue working to solve the problems facing our nation. We are going to make America great again, and that requires us to work together for the good of everyone in our nation. • • • Bradley Byrne is a member of U.S. Congress representing Alabama’s 1st Congressional District.
