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  • 7
    Feb
    2013
    7:32pm, EST

    Florida judge approves birth certificate listing three parents

    By Kevin Gray, Reuters

    MIAMI - A Florida judge has approved the adoption of a 22-month-old baby girl that will list three people as parents on her birth certificate -- a married lesbian couple and a gay man.

    The decision ends a two-year paternity fight between the couple and a friend of the women who donated his sperm to father the child but later sought a larger role in the girl's life.

    The ruling means the child's birth certificate will include a biological father and both women as parents in an unusual arrangement approved recently by a Miami-Dade Circuit Court judge.

    The women, Maria Italiano, 43, and Cher Filippazzo, 38, had made several unsuccessful attempts to become parents using fertility clinics.


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    They then turned to Italiano's hair dresser, Massimiliano Gerina, and asked if he would provide his sperm for artificial insemination.

    "When push came to shove, they figured he would understand the situation," said Kenneth Kaplan, an attorney for the women.

    "The mistake they made, however, was there should have been a written document spelling out what his rights and responsibilities were going to be."

    According to Filippazzo, the three reached a verbal agreement before Italiano became pregnant. Filipazzo said the agreement meant she would adopt the baby and the two women, a longtime couple, would raise the child together.

    But shortly before the baby was born, Gerina decided he wanted to be considered a parent and not a sperm donor. The women disagreed. Under Florida law, sperm donors have no legal rights to children.

    Gerina hired a lawyer, setting off nearly two years of legal wrangling.

    Under the judge's decision, the two women will have sole parental rights, although Gerina will be allowed to visit the child. He will not be expected to provide child support.

    "We're trying to do the right thing for Emma," Filippazzo said. "We want Emma to have it all, and we believe by doing it this way, including him in a birthday or Thanksgiving, it'll be a nice addition for her."

    "We believe the best interest for Emma is for him to have a role in her life, but not as a parent," she said. "The role is this is mommy's good friend who helped your moms have you because they wanted you so badly."

    Copyright 2013 Thomson Reuters. Click for restrictions.

    277 comments

    I don't have anything against gays or lesbians, but in cases like this...Just because we can, doesn't mean we should. That poor kid has to live with the consequences of selfish adults in her life. I hope she receives only the best, but somehow, with the idiots she has for parents, I doubt it.

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  • 7
    Feb
    2013
    4:45am, EST

    Glitch in medical code threatens mental health care, therapists warn

    Jennifer Shephard / Jennifer Shephard for NBC News

    Psychologist Marc Milhander, 54, says he's weeks away of having to close his Niles, Mich., counseling center after delays and denials in insurance payments caused by an overhaul of treatment codes.

    By JoNel Aleccia, Senior Writer, NBC News

    Published at 4:45 a.m. ET: Marc Milhander conducted more than 100 psychotherapy sessions in the first few weeks of this year, treating patients ranging from the mildly anxious to the severely depressed and the 24-year-old with antisocial personality disorder who really wants to get his hands on a gun.

    But Milhander, 54, a psychologist who co-owns a busy Niles, Mich., counseling center, is getting pretty anxious himself.

    He’s among a growing number of U.S. mental health professionals who say their insurance claims have been denied -- and their payments have been withheld -- because of problems resulting from nationwide changes in psychotherapy treatment codes that took effect Jan. 1.

    “I’ve been paid for five hours of work for the month of January,” said Milhander, who supports a staff of four and oversees 300 patients a month. “I just wrote a big, fat check out of my personal bank account to keep us afloat.”

    Worse, Milhander and others say systemwide delays and outright denials of payment could last for months, jeopardizing not just the nation’s 500,000 providers, but also access to care for millions of mentally ill Americans. Federal estimates suggest that nearly 20 percent of the adult U.S. population has some form of mental illness.

    “So far, it’s chaos,” said Randy Phelps, deputy executive director for the American Psychological Association, who says hits to the coding section of the APA's website have topped 300,000 in the past month. “It’s hard to evaluate how widespread this is.”

    The problem comes amid growing demands for better interventions with the mentally ill in the wake of shooting massacres in Aurora, Colo., and Newtown, Conn.

    “Compliance with treatment is a sketchy thing to begin with,” said Sam Muszynski, director of  the office of health care systems and financing for the American Psychiatric Association. He fears that financial fallout may force some providers to disrupt care, leaving mentally unstable patients on their own temporarily -- or longer.

    “All it takes is one missed appointment,” he added.

    The trouble stems from the first overhaul since 1998 of the codes used to describe -- and bill for -- mental health treatment. They’re among some 8,000 to 9,000 CPT, or current procedural terminology, codes used for all types of medical procedures. 

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    The codes, produced by the American Medical Association, are updated each year, usually with no problem, experts say. But this year, changes to a mere 30 codes that affect mental health services have thrown a huge glitch into the system.

    “There are some systems that aren’t even ready to begin accepting claims,” said Nina Marshall, director of public policy for the National Council for Behavioral Health.

    She has been flooded with calls and e-mails, not only from providers confused about how much to charge and when they’ll get paid, but also from patients worried about care.

    “I have heard from consumers saying that their providers can’t provide the services,” she said. “They’re reaching out to me with real concerns.”

    The psychiatric codes were updated after vigorous lobbying by mental health care providers, who argued they weren’t being paid enough to treat today’s medically complex or seriously ill patients.

    “What has come out of managed care in mental health is they go in for three days, they’re on meds, they’re barely stabilized, and being treated by outpatient providers,” Phelps said. “Nobody had reevaluated these codes for 30 years, but the world had changed tremendously.”

    Payers unprepared

    But the implementation has been difficult, at the very least.

    Payers, including the federal Medicare and Medicaid programs, admit they weren’t prepared for the switch.

    Some providers have used the new codes incorrectly -- or not at all, a violation of federal law. Some government contractors logged extra "edits" into the codes, invalidating scores of submissions, Medicare officials told NBC News. Three weeks into the new system, federal officials had to send directives reminding everyone of the changes, said Brian Cook, a spokesman for the Centers for Medicare and Medicaid services.

    “As soon as we became aware of the problem that some of our Medicare contractors were having, we immediately took steps to fix it and instructed the contractors to re-process the incorrectly denied claims," Cook told NBC News. "We also informed Medicaid State Agencies and private insurers to prevent any widespread problems.”

    The nation’s largest private insurers have had problems, too.

    “The amount of changes and the work involved was much bigger than … the folks involved anticipated,” said Helen Stojic, a spokeswoman for Blue Cross Blue Shield of Michigan, where Marc Milhander practices.

    Stojic couldn’t say how many Michigan claims had been denied or how many providers had been affected, but she acknowledged that many had not received payments in January -- and that there was no firm date when they would.

    “We’re going to do everything possible to get some dollars to them,” she said. “We certainly apologize for the inconvenience.”

    For Milhander, the issue is far more than an inconvenience. He says worried about keeping the doors open with so little money coming in. 

    “Right now, we’re working for free,” he said.

    Steven Perlow, president of the Georgia Psychological Association and a psychologist in private practice, says he hasn’t received January payments from private insurers, either.

    He, too, has heard from dozens of frustrated colleagues worried not just about cash flow but also about code changes that shave more off of insurance payments. One change, for instance, trims a typical therapy session to 45 minutes and cuts reimbursement by $1 each time.

    “It’s just $1 less, but nonetheless, we’re being asked to take less,” said Perlow, who sees about 45 patients a week.

    The biggest worry, though, is that the coding chaos will affect care for vulnerable patients fortunate enough to have some form of insurance coverage.

    'A really large job'

    About 46.5 million adults in the U.S. -- or nearly 20 percent of the population -- suffer from some form of mental illness, according to government statistics. About 11.5 million suffer from serious conditions.

    It’s not clear how many actually have access to care, but many do not, and anything that jeopardizes existing support is a problem, experts say.

    “We are ethically bound not to leave patients hanging,” Perlow said. “I will personally see people for a sliding scale … there have been situations where I’ve seen people for free.”

    Milhander said he, too, would continue to treat patients -- including the most severely ill who require medication management -- as long as possible.

    “My staff are understandably panicked, fearful that they won’t have the financial resources to get through this,” Milhander said. “I’m letting them know I will carry them through this period financially, for as long as I’m able.”

    How long the denials and delays may last is anyone’s guess. Medicare officials say they’ve begun reprocessing claims that were denied in the first weeks of the year. But for some Medicaid programs, the problem is so complex that they may not be able to get up to speed to process claims until June, experts tell NBC News.

    Private insurers are aware of -- and working on -- the problem, said Susan Pisano, a spokeswoman for America’s Health Insurance Plans, an industry association.

    “Implementing these codes is a really large job,” she said, noting that some plans are offering alternate payment processes until the problem is fixed.

    Still, some providers may stop participating in insurance plans that delay too long, or cut fees, and others might be forced to close shop entirely, unable to go for weeks or months without income.

    'How scary is this?'

    That’s a frightening thought to the family of Milhander’s 24-year-old patient, who suffers from paranoid delusions and only recently has been stabilized under the psychologist’s care.

    “Marc is the only person that he is able to talk to. This is his only release,” says a family member, who asked not to be identified, even broadly, for safety reasons.

    The young man suffered a head injury as a teenager. He has threatened to burn the house with people in it, threatened to get a gun, threatened to "come back and haunt" family members after his own death. 

    “We hear about these scary things that happen. How scary is this, now that the insurance is having these issues?” said the family member. “How many people are going to be left untreated out there?”

    Related stories: 

    • After Newtown shootings, questions about mental health insurance coverage
    • After shootings, states rethink mental health cuts
    • US mental health experts urge focus on early treatment

    454 comments

    I code for a living. This was not a change that just happened on Jan 1. There was warning to the insurance companies so that they could change their programing. No one took the time to go ahead and run simulations so that the glitches were taken care of.

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  • 3
    Feb
    2013
    5:32am, EST

    After Superstorm Sandy, seniors forced to start over

    David Friedman / NBC News

    Kathleen Campbell, 85, stays with her daughter's family in Hawthorne, N.Y., while she is displaced from her home in Breezy Point. Campbell's daughter Ann Marie Pawlowicz, and granddaughters Kalina, 16, and Julia, 8, play with the family dog in the background.

    By Maggie Fox, Senior Writer, NBC News

    Kathleen Campbell has had a bad night. It’s nothing a cup of fresh brewed tea won’t fix, but Campbell, 85, likely faces many more less-than-comfortable nights on her daughter’s living room sofa.

    Just three months ago, Campbell was riding her three-wheeled cycle on the smooth and level streets of Breezy Point, a cheerful and close-knit community at the far end of the islands called the Rockaways in Queens. Now she is shuttling among three houses – her daughter Ann Marie Pawlowicz’s 1890s home in Westchester, N.Y., another daughter in New Jersey and her sister’s home near Philadelphia.

    Campbell’s lifestyle is one of the many casualties of Superstorm Sandy, which sent floodwaters surging through homes when it hit Oct. 29, damaging more than 2,000 homes and starting a fire that burned more than 100 houses to the ground. The beachfront village, whose population plummeted from 12,000 in the summer to around 4,000 the rest of the year, provided a way of life not often seen in the sprawling suburbs of most cities. Generations of the same family jealously guarded their modest homes, and they took care of their own.

    Like so many other elderly residents there, Campbell could “age in place”, living alone after her husband died in 2009, despite a heart condition and the onset of what might be dementia. It’s a concept that many communities have embraced, and that groups like the AARP and the National Council of State Legislatures are encouraging.  When people age in place, they stay in their homes, perhaps adapting them for more limited mobility, rather than moving to elder care facilities. And it’s a way of life that seems to have just evolved naturally in Breezy Point.

    “It’s not uncommon to have three generations living within blocks of each other. It did offer that kind of stability and smalltown closeness,”says Msgr. Michael Curran of St. Thomas More Catholic Church, the main church on Breezy Point’s main drag and one of the places residents sheltered during the height of the storm.

    Campbell’s house on Reid Avenue was completely flooded when Sandy hit. “It was like the ocean meeting the bay in your living room,” says Pawlowicz.

    The house, which Campbell's late husband, Charlie, built in 1990, is on the first road to the left as you enter Breezy Point. Shelves at her house, filled with carefully catalogued photo albums, were soaked when the floodwaters filled the home. Campbell lost almost everything but the small suitcase she took with her when she fled to Pawlowicz’s home to wait out the storm.

    Courtesy of Ann Marie Pawlowicz

    Kathleen Campbell rides her tricycle in Breezy Point, N.Y., on Sept. 27, 2012.

    Campbell was once a fixture of the community as she rode up and down the narrow alleys on her tricycle. Now it sits rusting in her empty, mudstained house.

    The Westchester hamlet of Hawthorne where Pawlowicz lives doesn’t have many level streets. Its Victorian, Craftsman and Care Cod homes are tiered one above another along streets built into a steep, rocky hillside.

    “I miss riding my tricycle,” says Campbell in a soft Irish accent. “I was on it twice a day.”

    Although Campbell is clearly enveloped in the loving arms of her family, her independence is gone. “She felt safe,” Pawlowicz says. “Even though she has a touch of memory issues.” She sleeps on the sofa because she is uncomfortable with stairs.

    Within walking distance to many Breezy Point homes in the 500-acre cooperative were a bank, auto repair shop, the Blarney Castle pub and Deirdre Maeve's Supermarket and, perhaps most important for Campbell, St. Thomas More Church. Most remain damaged and closed months after the disaster.

    Breezy Point had naturally what states like Georgia and New Jersey have been spending money to develop – safe, walkable neighborhoods with homes friendly to arthritic bodies.

    A survey AARP did in 2008 of Americans over age 50 showed more than half would like to walk, bike or use public transportation, but nearly 40 percent complained about a lack of sidewalks and safe crossings, bicycle lanes or safe places to catch the bus near their homes.

    'A hidden little gem'
    At Breezy Point, three of Campbell's cousins and a neighbor used to regularly look in on her, making sure she ate her meals and keeping her company. Now they're all displaced too.

    David Friedman / NBC News file

    Veets Pawlowicz, second from right, is aided by a gang of family, friends and even volunteering strangers as they clean up his mother-in-law Kathleen Campbell's house on Nov. 2, 2012, in Breezy Point.

    “I feel like a lot of the neighbors looked out for each other. It was a very simple life. It was great,” Pawlowicz adds as she sets a cup of tea in front of her mother. “It’s all gone now.”

    Pawlowicz, 41 and the mother of two girls aged 8 and 16, finds herself a member of the “sandwich generation” – trying to juggle her job as a nurse with raising children and caring for an elderly parent. On weekends she and her husband, Witold, make the hour-long drive to Breezy Point to try to rip out drywall and salvage what belongings they can in Campbell’s home. It’s not clear what it will take to rebuild.

    “We have pumped out the basement like 35 times. Whatever happened with this storm, it shifted everything. Now it’s like it’s on a spring,” Pawlowicz says. Getting insurance sorted out has been a chore for many Breezy Point owners.

    “I haven’t been back to see it yet. Please, God, let’s get back there,” Campbell says.

    “Not now, Mom,” Pawlowicz answers gently. “It’s a ghost town.”

    The seaside neighborhoods in the Rockaways are among the last to recover from Sandy. Breezy Point is nowhere close to being back to normal. Empty foundations yawn open on the blocks that burned. Elsewhere, houses remain shifted off their foundations. There is still no electricity, so almost everyone clears out as the sun sets. Breezy Point is the last New York neighborhood left without clean water.

    Like Campbell, many long to go back home. But for seniors, that will be especially hard, even with family support. “It is going to be tough for an elderly person living alone in a badly damaged home to get that home restored,” says New York’s health commissioner, Dr. Thomas Farley.

    Curran tries to remain in touch with the seniors who are now scattered to new homes. They're resilient, he says, but "late in life it’s a big adjustment that folks are making.”

    Just as they found their own solution when the community was whole, the elderly of Breezy Point have found their own solutions to being homeless. “Most people were able to find a family member or a friend they could move in with and have their needs met,” says Curran, who now commutes himself to attend to his duties at St. Thomas More.

    Many families don’t want to talk publicly any more about their situations – a man who moved his elderly father to Dallas, a family who brought their aging parents to Long Island. “I was just talking to a couple – they took their parents in, they are safe,” says Curran. “But they are 85-plus and this is the first time they have ever lived in an apartment.”

    Campbell misses the beach, but she doesn’t complain. “We’re on top of the hill,” she says, smiling as she gazes around her daughter’s antique-filled home. “It’s beautiful.” But she mentions again that she misses her tricycle.

    “I always say everyone should have a touch of dementia during a disaster,” says Pawlowicz. “The best thing about dementia – my mother laughs. We have been able to cry a little bit, but nobody died.”

    Related stories:

    • Sandy-struck Breezy Point facing 'greatest historical challenge'
    • Confusion in the storm: Alzheimer's patient refused to evacuate
    • Elderly sisters find time to laugh after Sandy
    • Temporary housing will never be the same post-Sandy

    174 comments

    This country will be judged on how it treats the poor and the elderly.

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  • 29
    Jan
    2013
    5:02pm, EST

    9/11 fund begins payments to sick responders

    By David B. Caruso, The Associated Press

    NEW YORK — A special fund set up by Congress to compensate people who got sick after being exposed to toxic World Trade Center dust following Sept. 11 is making its first round of payments, with the initial payouts going to a group of 15 first responders with respiratory problems.


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    The administrator who oversees the 9/11 Victim Compensation Fund, Sheila Birnbaum, announced Tuesday that the fund was finally poised to process payouts, after a deliberate start in which officials figured out how the program would work and lawyers pieced together documentation for at least 16,000 applications.

    The first round of payments, most of which have been offered to firefighters, range from $10,000 to a high of $1.5 million.


    Birnbaum declined to identify the recipients by name or say much about their illnesses, citing privacy concerns. She said their health problems range from "serious" to "not so serious," and that the people getting the larger awards tended to be younger and to have suffered more severe economic losses.

    The people offered lower amounts include some who have already received other compensation for their illnesses, including shares of a civil settlement for thousands of firefighters, police officers and construction workers who had sued over the lack of protective equipment at ground zero.

    None of the people in the initial group had cancer and all are still living, Birnbaum said.

    "We think we are off to a good start, and with the help of the lawyers and the claimants, we will be able to come up with a lot more awards in the coming months," she said.

    It will be years, though, before any applicants see the bulk of their money, or even know for certain how much they will get.

    Officials don't yet know how many people will apply for aid from the $2.78 billion fund, or how ill they will be. That means they can't yet calculate each person's share. So for now, applicants are getting only 10 percent of their award. The remainder won't be paid until after the fund closes to new applicants in 2016.

    Some advocates for the sick have worried that the $2.78 billion appropriated by Congress will be far less than the actual losses suffered by the sick — a possibility that Birnbaum acknowledged in drafting the formula she is using to decide how much money claimants will get in the first round.

    Planning for a worst-case scenario, fund officials estimated that as many as 26,475 people would be eligible for more than $8.5 billion in compensation.

    If that happens, the firefighter awarded $1.5 million this week would, in the end, actually get a prorated share of only around $488,000.

    "I think without question, there is not going to be enough," said Noah Kushlefsky, a lawyer who, along with partners, is representing about 4,700 claimants. He said that he believed Congress would ultimately be asked to put more money into the fund. "There is no doubt, based on the severity of some of the injuries."

    As for the slow pace of awards so far, Kushlefsky said Birnbaum and her staff are not to blame.

    He said the process of assembling the evidence showing that his clients were actually at ground zero, or were exposed to toxins, has been challenging and time-consuming. But he said the process is hitting a stage when applications should be moving much more quickly.

    "I think that things are going to start taking off in the very near future," he said, noting that some of his clients have grumbled about the slowness of the process. "All these guys have waited 11 years now, and none of them are warm and fuzzy about it."

    Related: 

    US adds cancer to list of illnesses linked to 9/11 terror attacks 

    US to cover cancer care for 9/11 responders

    Plan: Responders could cover 50 cancers

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    16 comments

    Only 12 years after the attack, way to make sure a lot of them died from sickness so the payments will be smaller.

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  • 14
    Jan
    2013
    6:21pm, EST

    Catholic churches adjust Holy Communion to guard against flu

    Some Catholic parishes are changing communion and other Mass rituals in an effort to avoid spreading flu germs. WJAR's Mario Hilario reports.

    By Tracy Connor, Staff Writer, NBC News

    Even Holy Communion is not immune from the flu.

    Some Catholic Churches across the country have stopped offering parishioners wine from a shared chalice to prevent germs from spreading as the flu continues to plague most of the nation.

    And that's not the only change worshippers may see at Mass.

    "To refrain from shaking hands during rite of peace, I invited them to just turn and verbally exchange a greeting," Msgr. John Darcy of St. Sebastian Church in Providence, R.I., told WJAR.



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    The New York Archdiocese sent out its annual flu-season reminder Monday, asking pastors in its 400 parishes to take "common-sense precautions" such as frequent hand-washing or holding back the chalice as they see fit, spokesman Joseph Zwilling said.

    In Abilene, Texas, the pastor of Holy Family Church announced last weekend that there would be no drinking from the cup or hand-shaking.

    Without prompting, parishioners who normally hold hands during the singing of the Lord's Prayer chose not to, said church business manager Gail Wheeler.

    "People are very understanding," she said. "We have a lot of elderly people in our parish and a lot of families with young children."

    Some religious leaders said they make adjustments for the flu every year. Others said that this year's particularly bad outbreak had led them to tinker with the rituals -- much like sports teams abandoned post-game handshakes during the H1N1 pandemic in 2009.

    The virus has already killed 20 children this season and put thousands of people in the hospital. Federal officials have said they are optimistic the number of cases will drop off soon, but noted that the flu is unpredictable and could spike again this winter.

    While many churches received directives from their diocesan leaders, at least one priest got advice from a more secular source.

    Father Brian Kaskie of St. Alphonsus Catholic Church in McComb, Miss., said he was at a routine medical appointment three weeks ago when his doctor suggested he take steps to protect his flock.

    "We were on the front end of it," said Kaskie, who won't offer the chalice until the outbreak is over. "We didn't wait on the bishop."

    The flu has shown up in just about every state and many hospitals are overloaded with sick patients. According to the Centers for Disease Control, the virus's ability to morph into new forms makes it difficult to develop full immunity. NBC's Tom Costello reports.

     

    51 comments

    Let me get this right - their God isn't powerful enough to protect them, even when they're drinking the blood of Christ?

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  • 14
    Jan
    2013
    1:58pm, EST

    Former President George H.W. Bush released from hospital

    Former President George H.W. Bush is now back at home after being treated for bronchitis and a persistent cough. NBC's Brian Williams reports.

    By Jamie Gangel and Andrew Mach, NBC News

    Former President George H.W. Bush was released Monday from a Houston hospital after seven weeks of treatment for bronchitis, a bacterial infection and a persistent cough, the Bush family spokesman said.


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    Hospital officials said that Bush, 88, was discharged to his Houston home and would continue treatment.

    "Mr. Bush has improved to the point that he will not need any special medication when he goes home, but he will continue physical therapy," said Dr. Amy Mynderse, the physician in charge of the former president's care.

    Bush was admitted to the Methodist Hospital on Nov. 29, suffering from severe bronchitis.


    After initial expectations that he would be hospitalized for just a few days turned out to be wrong, his office disclosed that he was in intensive care in December because physicians were having difficulty controlling a fever that developed after the cough was mostly resolved and were concerned about balancing his medication.

    Last week, sources close to the former president indicated that his condition had improved. Visitors to Bush said he was in a good mood and joking with family members and hospital staff and that he was “looking forward to heading home.”

    "I am deeply grateful for the wonderful doctors and nurses at Methodist who took such good care of me," the former President said. "Let me add just how touched we were by the many get-well messages we received from our friends and fellow Americans. Your prayers and good wishes helped more than you know, and as I head home my only concern is that I will not be able to thank each of you for your kind words."

    Bush and his wife, Barbara, live in Houston during the winter and spend their summers at a home in Kennebunkport, Maine. On Jan. 6, they celebrated their 68th wedding anniversary. They are the longest-married presidential couple, and Bush is the nation's oldest living president.

    Bronchitis is a common condition in which the bronchial tubes in the lungs become inflamed and produce mucus, which creates the need to cough, according to the Centers for Disease Control and Prevention. It can turn serious in people with weak immune systems, including children and the elderly. Symptoms such as chest pain, weakness and coughing typically last two weeks, but can linger for as long as two months.

    Bush was elected president of the United States in 1988, the capstone of a long career of public service.

    He was a Texas Republican member of the House of Representatives in the 1960s and 1970s and head of the CIA in 1976-1977. The organization’s headquarters in Langley, Va., was later renamed the “George Bush Center for Intelligence.”

    Bush lost his first bid for the Republican nomination for the U.S. presidency in 1980, at which time Ronald Reagan chose him to be his running mate. He went on to serve two terms as Reagan’s vice president before winning the presidency. He was defeated for re-election in 1992 by Bill Clinton.

    In late 2004, Bush teamed up with Clinton to raise money for the victims of the Asian tsunami. That effort was so successful, the two former presidents did the same for Katrina victims in 2005.

     

    Slideshow: The life and times of George H.W. Bush

    Robert Sullivan / AFP - Getty Images

    Leader of an American political dynasty, George Bush's influence was felt beyond his terms as president and vice president. Take a look back at his life and career.

    Launch slideshow

    185 comments

    Best of luck and 'Get Well Soon' to former Pres. GHW Bush. Perspective is everything, funny how GHW Bush seems reasonable, likeable and competent compared to his son and the current crop of Republicans.

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  • 12
    Jan
    2013
    10:20am, EST

    Major porn producer sues to block Los Angeles condom law

    A major adult filmmaker sued to block a new Los Angeles County law requiring porn actors to wear condoms, calling it a threat to free expression.

    Vivid Entertainment contends that Measure B, passed by county voters last fall, violates the First Amendment right to free speech and expression and is unnecessary because the adult industry already has safeguards, such as regular blood testing of actors, to prevent the spread of AIDS and other venereal diseases.

    The suit, filed Thursday in federal court, also contends that the law is vague, burdensome and ineffective and is pre-empted by California laws and regulations. It asks the court to block the measure's enforcement and to rule it unconstitutional.

    County counsel declined comment Friday, saying they had just begun a review of the case.

    The measure requires adult film producers to apply for a permit from the county Department of Public Health to shoot sex scenes. Permit fees will finance periodic inspections of film sets to enforce compliance.

    However, public health authorities have not announced specific enforcement measures for the law.

    The AIDS Healthcare Foundation, which sponsored the initiative, said the measure will help safeguard the public, as well as porn workers, from sexually transmitted infections.

    Adult film actors rallied to oppose the law before its November passage.


    Follow @NBCNewsUS

    "The idea of allowing a government employee to come and examine our genitalia while we're on set is atrocious," sex film star Amber Lynn told the Los Angeles Daily News at the time.

    Industry critics also said that fans don't want to see actors using condoms. They contend that if the law is enforced, the 200 or so companies that now produce adult films in Los Angeles, primarily in the San Fernando Valley, will simply move elsewhere, taking with them as many as 10,000 jobs.

    "Overturning this law is something I feel very passionate about. I believe the industry's current testing system works well," Steven Hirsch, Vivid's founder and co-chairman, said in a statement. "Since 2004 over 300,000 explicit scenes have been filmed with zero HIV transmission. The new law makes no sense and it imposes a government licensing regime on making films that are protected by the Constitution."

    The law also will have "have vast unintended consequences which may undermine industry efforts to protect the health of our actors and actresses," Hirsch said.

    Califa Productions, which produces adult films for Vivid, and actors who uses the stage names Kayden Kross and Logan Pierce, joined the suit, which names the county, its district attorney and public health director.

    The Associated Press

    253 comments

    Federal court .... where the rubber meets the road.

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  • 6
    Dec
    2012
    8:29am, EST

    Abortion mandate costs Planned Parenthood a few affiliates

    By M. Alex Johnson, NBC News

    A Planned Parenthood affiliate in New York is leaving the organization rather than comply with a policy that all affiliates must offer on-site abortions, fueling hopes among anti-abortion activists of a split within the abortion-rights movement. But the move is an isolated one that has nothing to do with political battles, officials of the family planning organization say, and the policy appears likely to take effect in the new year with little disruption.

    M. Alex Johnson M. Alex Johnson is a reporter for NBC News. Follow him on Twitter and Facebook.

    The decision last week by Planned Parenthood of South Central New York to go independent comes as the Planned Parenthood Federation of America is fighting legislative attempts in several states to bar it from receiving state health funds because the organization provides abortions.

    Planned Parenthood oversees 74 regional affiliates that operate about 800 offices and clinics across the country. The affiliates don't provide a standard menu of services, however, leading Planned Parenthood in late 2010 to issue a directive requiring them to offer a roster of core services — including cancer screenings and HIV testing in addition to on-site abortions — in at least one of their locations by 2013.


    Matt Yonke, a spokesman for the Pro-Life Action League, an anti-abortion group, said the decision by the New York affiliate highlighted that some Planned Parenthood workers were "deeply uncomfortable with what goes on inside their workplace" and were being backed into a corner.

    "No matter what conglomeration of services your Planned Parenthood affiliate provides, it had better provide abortion, or you're out because that's what Planned Parenthood does," he wrote last week on the group's website.


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    Calling the New York chapter "the latest affiliate to become independent because it won't comply with the rule," the anti-abortion group Susan B. Anthony List said in a statement that the policy was being resisted by local affiliates and was "the ultimate evidence that Planned Parenthood's chief concern is making money off abortion — not the health of vulnerable women and girls."

    Interviews with affiliate officials, however, undermine the contention that Planned Parenthood is being torn apart from within.

    The New York chapter, which will become Family Planning of South Central New York on March 1, is only the third known to have "disaffiliated" itself from Planned Parenthood because of the new policy in the two years since it was approved, and it said its reasons were financial, not philosophical.

    Ingrid Husisian, a spokeswoman for the affiliate, which operates five clinics in the Binghamton and Oneonta region, said there were several providers of abortions in her operating area to whom the affiliate can refer clients, and "if we comply with the on-site mandate, we would be duplicating services already provided in the counties we serve."

    Watch US News videos on NBCNews.com

    That raised the prospect of "creating competition that may financially hurt our local doctors," Husisian said, adding that the local group would "absolutely" offer on-site abortions if those other providers weren't nearby.

    The two other affiliates known to have left specifically because of the policy also said their departures weren't political.

    Tri-Rivers Planned Parenthood, based in Rolla, Mo., became Tri-Rivers Family Planning last year because "it was just not financially possible" to meet all of the new policy's requirements, said Lisa Davis, the organization's education director.

    "We had no trouble with the list" Planned Parenthood mandated, Davis said.

    Planned Parenthood of the Coastal Bend, based in Corpus Christi, Texas, left the national organization immediately when the policy was approved two years ago, becoming Family Planning of the Coastal Bend. Officials didn't respond to requests for comment this week, but when the group left, it said it didn't see a need to duplicate services already obtainable in the area.

    Calling it old news, Planned Parenthood officials complained that the mandate had been "sensationalized" by anti-abortion activists spotlighting of the New York affiliate's announcement.

    Lost in the polarized discussion, they said, was that the abortion requirement was only one part of a broader initiative covering many reproductive health services at every Planned Parenthood affiliate — some of which cover large regions in rural states where family planning services are in short supply.

    Eric Ferrer, vice president of the Planned Parenthood Federation of America, acknowledged that one of those "core" services was on-site abortions, which about 10 percent of affiliates didn't previously offer. (Agency officials said nearly all of those affiliates, which currently refer clients to other local abortion providers, had already complied or were on track to do so.)

    The other services have little to do with abortion, officials said, noting that the list also includes "well-woman" exams, cancer screenings, HIV and STD testing for both sexes and vaccination against the human pappilomavirus. Ferrer said the list was intended to reassure clients that they could count on "a consistent set of services at all health centers."

    Davis, of Tri-Rivers Family Planning, stressed that her affiliate's move was a "business model decision; it wasn't a political thing. "We are still a pro-choice organization," she said. "We are totally aligned with Planned Parenthood."

    Family Planning of South Central New York also "continues to support the mission of Planned Parenthood," Husisian said, adding: "We're going to do what we do great and let (other local abortion providers) do what they do great."

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    426 comments

    ...workers were "deeply uncomfortable with what goes on inside their workplace" and were being backed into a corner.

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  • 26
    Nov
    2012
    9:12am, EST

    Ore. girl, 7, is medical marijuana patient

    By NBC News staff and wire reports

    PORTLAND, Ore. - A 7-year-old girl suffering from leukemia has become one of Oregon's youngest medical marijuana patients.

    Mykayla Comstock's mother credits the drug with helping put the cancer into remission.

    But her father, worried about the effects of the drug on her brain development, alerted child welfare officials to the treatment.

    Mykayla was diagnosed with leukemia last spring and the marijuana eases the effects of chemotherapy, according to her mother. The girl takes a gram of cannabis oil daily, The Oregonian reported.

    "First you get hungry," Mykayla told the paper. "Then you get really funny, and then you get tired."

    Her mother, Erin Purchase, 25, administers Mykayla's cannabis with the help of her boyfriend.

    Mykayla's mother credits the drug for the leukemia's remission.

    "As a mother, I am going to try anything before she can potentially fall on the other side," said Erin Purchase, 25, who administers Mykayla's cannabis together with her boyfriend.


    Follow @NBCNewsUS

    Mykayla's father, who is divorced from the girl's mother and lives in North Dakota, contacted child welfare officials, police and her oncologist.

    Jesse Comstock said his concerns were prompted by a visit with Mykayla in August.

    "She was stoned out of her mind," said Comstock, 26. "All she wanted to do was lay on the bed and play video games."

    Comstock pays child support to Purchase and covers Mykayla's health insurance, the paper reported.

    Oregon law requires no monitoring of a child's medical marijuana use by a pediatrician. 

    Three states will decide on Tuesday whether to take the unprecedented step of legalizing marijuana. NBC's Pete Williams reports.

    Comstock, who says he used pot in the past, told the paper that he doesn't object to people over 16 using medical marijuana. But he worries about his daughter's well-being and the potential for addiction.

    "She's not terminally ill," Comstock said. "She is going to get over this, and with all this pot, they are going to hinder her brain growth.

    Weed wars: If states legalize marijuana, will feds still crack down or steer clear?

    Purchase believes marijuana heals, and also credits the drug for curing her stepfather's skin cancer. She herself is an Oregon medical marijuana patient.

    "She's like she was before," she said of Mykayla. "She's a normal kid."

    The Associated Press contributed to this report.

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    492 comments

    1 gram of cannabis oil is nothing compared to the opiates children may get or all the chemo drugs that are killing ALL the cells unhealthy and healthy in her body... I hope she makes a full recovery!

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  • 15
    Nov
    2012
    9:06am, EST

    Feds fail to fight Medicaid fraud in home health care services, report finds

    By Joe Eaton
    Center for Public Integrity

    Like a growing number of disabled Americans on Medicaid, Keith Foreman, a 57-year-old in Metropolis, Ill., qualified for a personal caregiver to help him with daily activities like dressing, shaving, and preparing meals.

    Foreman, who prosecutors say suffers from a spinal injury, hired his girlfriend, Sheila McDonald, for the job. In 2011, McDonald received almost $5,000 from Medicaid for six months of care she provided to Foreman.

    These personal care services, which are available in all 50 states, are designed to help the sick, elderly, and disabled remain in their homes — and out of expensive nursing facilities.

    But Foreman was not living at home. During the days marked on McDonald’s timesheets, Foreman was housed in the Massac County jail in Illinois, serving time for forging a stolen debit card signature at a local liquor store.

    Like Foreman and McDonald, who both pleaded guilty to charges of making false statements, unscrupulous beneficiaries and home health workers are increasingly targeting personal care services programs for illegal money-making schemes, according to a new federal report. Investigators say lax requirements for both caregivers and patients, along with poor state and federal oversight, has made the rapidly growing programs a lucrative target for fraud.  And this isn’t the first time they’ve issued such a warning.


    Report faults federal oversight of state programs
    A Health and Human Services Office of the Inspector General (OIG) report scheduled to be released Thursday faults the Centers for Medicaid and Medicare Services (CMS) for inadequate oversight of personal care services programs, whose costs are shared by states and the federal government, as is the norm for Medicaid.  The report, which brings together six years of OIG investigations and 23 reports on the topic, describes a program hindered by poor claims documentation, insufficient monitoring of claims data for fraud and waste, and a crazy-quilt of varied requirements for personal care workers in different states.

    “Historically, CMS has left a lot of the responsibility for overseeing waste, fraud and abuse to the states,” said Christi Grimm, special assistant to the principal deputy inspector general. “As a result, we have 301 different sets of requirements for caregivers across the states.” 

    Although some states mandate criminal background checks and licensing for home health workers, Grimm said others lack even the most basic requirements, including age minimums,

    which has led to cases in which juveniles escape prosecution for fraud and abuse. Worker requirements are set by counties in a number of states, she added, which has led to a hodge-podge of rules that are difficult to enforce, and nearly impossible to monitor.

    “We are asking CMS to step up to the plate,” Grimm said, and use its authority to regulate and monitor the state programs.

    The report includes six previous OIG recommendations to CMS and state agencies which have gone unimplemented. In a 2008 report that found five states may have paid up to $11 million in error for personal care services during one quarter of 2005, OIG recommended that the CMS work with states to stop payments for personal care when patients were receiving care in institutions, not at home. The agency agreed with the recommendation, but according to the OIG, the work has not been completed.

    In addition to asking the agency to address previous recommendations, the report offers four new goals for CMS to improve oversight and monitoring of state plans, including standardizing rules for personal care workers to set minimum age and education levels, and require criminal background checks.

    The report, however, seems unlikely to spur the agency to follow the OIG’s specific suggestions..  In a written response, CMS — part of the Department of Health and Human Services — explicitly concurred with only one of  the OIG recommendations: that it should provide states with claims data to help root out cases in which beneficiaries are simultaneously receiving both institutional care and home health services.  In response to the recommendation on establishing federal guidelines for personal care workers, CMS pointed out there is a shortage of care attendants.

     “Personal care services are an important part of keeping people in their homes and out of nursing homes, which lowers costs and improves the quality of life of the patient,” said CMS spokesman Brian Cook. “We are working to protect personal care from fraud and abuse by promoting stronger training programs for workers who provide personal care, working with states on background check programs for these workers, and developing new data methods to analyze claims for potential fraud and abuse."

    Grimm called the CMS response to the report unacceptable. “It’s not uncommon for CMS … to identify things on the horizon, or things they hope to do, but not necessarily commit to doing something,” Grimm said, adding that CMS’s efforts so far simply have not worked. “[CMS] has the authority to do what we are asking. It has not done it yet. And it hasn’t committed to doing it after reading our report.”

    A wealth of opportunities
    According to investigators, most fraud schemes in personal care services involve billing for care that was not provided or was not allowed. Self-directed programs, which allow beneficiaries to hire and manage their helpers, may be particularly vulnerable, but some prosecutions have also involved home health care agencies.

    In January, for example, the owner of a Minnesota home health care company outside Minneapolis was sentenced to two years in prison for cheating Medicaid out of more than $650,000 in charges for personal care services. In March, the owner of Families First Home Health Care in Sparta, N.C., pleaded guilty to fraud and money laundering stemming from a scheme in which she billed Medicaid for personal care services she did not perform and split the proceeds with plan members.

    “Fraud goes where the money is,” said Barbara Zelner, executive director of the National Association of Medicaid Fraud Units, which represents state law enforcement agencies that investigate Medicaid fraud.  After nursing homes, Zelner said, home health represents one of the larger slices of state Medicaid budgets.

    Personal care services programs have grown quickly since a 1999 Supreme Court decision held that unjustified segregation of the disabled is a civil rights violation. The ruling led to increased spending for home health services; in 2011, Medicaid paid more than $12 billion for personal care services, up 35 percent since 2005, according to the OIG. Investigators say program fraud has kept pace. In 2010, state Medicaid fraud units investigated more than 1,000 cases involving personal care services, more than any other type of Medicaid service.

    Not everyone agrees with the OIG’s views on personal care services.  In 2011, an OIG review of Medicaid claims for personal care services in New Jersey found that 40 percent should have been denied. Sherl Brand, president of the Home Care Association of New Jersey, which advocates for home health care providers, questions the OIG’s work, saying the agency often draw broad conclusions from examinations of a limited number of claims. “It is almost a bit ridiculous because of the extrapolation they do,” Brand said.

    New Jersey home health workers face criminal background checks and certification and licensure requirements, Brand said. Personal care services programs save money, she said, in addition to helping disabled people live better lives. When New Jersey was faced with budget cuts, Brand said the association determined the average weekly cost for personal care services was $242 dollars a week, only slightly higher than the cost of a single day in a nursing home.

    But as funding for the programs increase, fraud follows. Kirk Ogrosky, a former top federal health care fraud prosecutor who is now a partner at the Washington law firm Arnold & Porter, said home health has long been a hotbed of fraud, both in Medicaid and in Medicare. The fraud, he said, is not hard to uncover. Ogrosky recalled that after an extensive analysis of Medicare claims, he sent agents out to interview questionable beneficiaries. When the agents knocked on the doors, they often learned the person they were looking for was at work, Ogrosky recalled.  “That’s utterly preposterous,” he said, “since home health requires that you are homebound.”

    In other cases, Ogrosky said, agents found that home health care agencies were filing claims for beneficiaries who did not live at the homes indicated on the claims. “One of my favorite stories is about a homeless guy we found,” Ogrosky said. “He didn’t even have a home to be homebound to.”

    The Center for Public Integrity is a non-profit independent investigative news outlet. For more of its stories visit publicintegrity.org.

    74 comments

    How about cleaning up your own house before you tell me I have to pay more taxes to support this crap. I don't mind paying taxes, but I can't afford to give my money to thieves. And maybe the Government should take the same viewpoint. Stop giving our money to thieves!

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  • 1
    Nov
    2012
    8:29pm, EDT

    The mission: Climb Chicago skyscraper with a bionic leg

    Brian Kersey / AP

    Zac Vawter, of Washington state, will climb Chicago's Willis Tower, one of the world's tallest skyscrapers, using a bionic leg that is currently under development.

    By The Associated Press

    Zac Vawter considers himself a test pilot. After losing his right leg in a motorcycle accident, the 31-year-old software engineer signed up to become a research subject, helping to test a trailblazing prosthetic leg that's controlled by his thoughts.


    Follow @NBCNewsUS

    He will put this groundbreaking bionic leg to the ultimate test Sunday when he attempts to climb 103 flights of stairs to the top of Chicago's Willis Tower, one of the world's tallest skyscrapers.

    If all goes well, he'll make history with the bionic leg's public debut. His whirring, robotic leg will respond to electrical impulses from muscles in his hamstring. Vawter will think, "Climb stairs," and the motors, belts and chains in his leg will synchronize the movements of its ankle and knee. Vawter hopes to make it to the top in an hour, longer than it would've taken before his amputation, less time than it would take with his normal prosthetic leg — or, as he calls it, his "dumb" leg.


    A team of researchers will be cheering him on and noting the smart leg's performance. When Vawter goes home to Yelm, Wash., where he lives with his wife and two children, the experimental leg will stay behind in Chicago. Researchers will continue to refine its steering. Taking it to the market is still years away.

    "Somewhere down the road, it will benefit me and I hope it will benefit a lot of other people as well," Vawter said about the research at the Rehabilitation Institute of Chicago.

    Bionic — or thought-controlled — prosthetic arms have been available for a few years, thanks to pioneering work done at the Rehabilitation Institute. With leg amputees outnumbering people who've lost arms and hands, the Chicago researchers are focusing more on lower limbs. Safety is important. If a bionic hand fails, a person drops a glass of water. If a bionic leg fails, a person falls down stairs.

    The Willis Tower climb will be the bionic leg's first test in the public eye, said lead researcher Levi Hargrove of the institute's Center for Bionic Medicine. The climb, called "SkyRise Chicago," is a fundraiser for the institute with about 2,700 people climbing. This is the first time the climb has played a role in the facility's research.

    To prepare, Vawter and the scientists have spent hours adjusting the leg's movements. On one recent day, 11 electrodes placed on the skin of Vawter's thigh fed data to the bionic leg's microcomputer. The researchers turned over the "steering" to Vawter.

    He kicked a soccer ball, walked around the room and climbed stairs. The researchers beamed.

    Vawter likes the bionic leg. Compared to his regular prosthetic, it's more responsive and more fluid. As an engineer, he enjoys learning how the leg works.

    It started with surgery in 2009. When Vawter's leg was amputated, a surgeon repositioned the residual spaghetti-like nerves that normally would carry signals to the lower leg and sewed them to new spots on his hamstring. That would allow Vawter one day to be able to use a bionic leg, even though the technology was years away.

    The surgery is called "targeted muscle reinnervation" and it's like "rewiring the patient," Hargrove said. "And now when he just thinks about moving his ankle, his hamstring moves and we're able to tell the prosthesis how to move appropriately."

    To one generation it sounds like "The Six Million Dollar Man," a 1970s TV show featuring a rebuilt hero. A younger generation may think of Luke Skywalker's bionic hand.

    But Hargrove's inspiration came not from fiction, but from his fellow Canadian Terry Fox, who attempted a cross-country run on a regular artificial leg to raise money for cancer research in 1980.

    "I've run marathons, and when you're in pain, you just think about Terry Fox who did it with a wooden leg and made it halfway across Canada before cancer returned," Hargrove said.

    Experts not involved in the project say the Chicago research is on the leading edge. Most artificial legs are passive. "They're basically fancy wooden legs," said Daniel Ferris of the University of Michigan. Others have motorized or mechanical components but don't respond to the electrical impulses caused by thought.

    "This is a step beyond the state of the art," Ferris said. "If they can achieve it, it's very noteworthy and suggests in the next 10 years or so there will be good commercial devices out there."

    The $8 million project is funded by the U.S. Department of Defense and involves Vanderbilt University, the Massachusetts Institute of Technology, the University of Rhode Island and the University of New Brunswick.

    Vawter and the Chicago researchers recently took the elevator to the 103rd floor of the Willis Tower to see the view after an afternoon of work in the lab. Hargrove and Vawter bantered in the elevator in anticipation of Sunday's event.

    Hargrove: "Am I allowed to trash talk you?"

    "It's fine," Vawter shot back. "I'll just defer it all to the leg that you built."

    At the top, Vawter stood on a glass balcony overlooking the city. The next time he heads to the top, he and the bionic leg will take the stairs.

    Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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  • 16
    Oct
    2012
    9:21pm, EDT

    New York woman delivers baby in elevator after being sent home by hospital

    By NBCNewYork.com

    A 31-year-old New York woman gave birth to a baby girl in her apartment elevator shortly after hospital nurses told her to return home because they said she wasn’t ready to deliver.


    Follow @NBCNewsUS

    Ninfa Ramirez and soon-to-be father Armando Ortiz, 34, rushed to Jacobi Medical Center in the Bronx Sunday evening because Ramirez was experiencing labor pains. Nurses told the couple the baby wasn’t ready so they could go home, according to The New York Post.

    Read the full report at NBCNewYork.com

    Moments after Ortiz dropped Ramirez off at their Bronxdale apartment and headed out to run an errand, he was summoned back by Ramirez, who told him the baby was coming. They made it to the elevator, but the baby couldn’t wait.


    Ortiz and two of his pals delivered Monserrath Ortiz in the elevator on the first floor, reports The Post. Ortiz called the delivery “a beautiful experience” and the glowing mother told the paper “it was a big surprise.”

    Ramirez and her 9-pound, 8-ounce daughter were then taken by ambulance to Jacobi hospital. Ortiz told the Post he doesn’t mind the nurses sent them home; he’s just proud to be a dad.

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    67 comments

    Think of the hospital bills she saved!

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