Monday, March 24, 2008

William Frist 2004 Shattuck Lecture: Health Care in the 21st Century

On May 15, 2004 when this prestigious lecture was given, William H. Frist, M.D. served as Senate Majority Leader with an eye toward microchipping all Americans. His utopic view blindly trusts that power holders (government officials and for-profit corporations that administer the program) and bureaucrats are immune from corruption and incompetence.

The Crooks and Liars website holds a collection of videos are news items on Bill Frist, which reveals a lack of credibility as a politician. But given the spate of successful hacks into government databases, it's hard to place any credibility on Frist's vision of safe, accurate, and privacy-protected microchips that are embedded under the skin.

Electronic systems are hackable, from the Department of Homeland Security, to the Pentagon, to local County and City levels. Other reports of database breaches continue to mount:
County Web Site Helped Thieves Steal Identities of Victims in Five States;
Obama Advisor's Firm Spies on McCain, Clinton; and
Hackable Voting Machines Hacked in Ohio.

Several websites track DATA SECURITY BREACHES, including http://snipurl.com/22eup and http://breachalerts.trustedid.com/?cat=167. For links to other news items see:
Friedman, Brad. “Worm attacked voter database in notorious Florida district: Machine in hotly contested 13th Congressional District lain low by Slammer on first day of election.” May 16, 2007.

Allan Holmes, FEMA Puts Sensitive Info at Risk, July 3, 2007.

In addition to the security and privacy issues, medical doctors critically respond (reproduced below), pointing out the failure of capitalism to serve society's health care needs. Attorneys (and some medical doctors) take exception to Frist's position that the United States must "stop the litigation lottery" and "pass medical litigation reform." Tort reform - as envisioned by neocons - is a separate topic outside the focus of this blog.

Finally, this is an unfinished blog, while I collect relevant materials. My main goal today was to publish, in full, the Shattuck Lecture. When I found it on the web, I also dropped onto web-posted criticism, as well as a video link to the lecture. All of this must be streamlined into article-quality at some future point.

Health Care in the 21st Century

NEJM: Vol. 352:267-272 Jan. 20, 2005 No. 3
http://content.nejm.org/cgi/content/full/352/3/267

Video: http://www.massmed.org/AM/Template.cfm?Section=Home&TEMPLATE=/CM/HTMLDisplay.cfm&CONTENTID=4684

William H. Frist, M.D.


Health Care in 2015

I would like you to meet a patient from the year 2015. He lives in a world in which years ago America's leaders made tough but wise decisions. They built on the best aspects of American health care and unleashed the creative power of the competitively driven marketplace. These changes resulted in dramatic improvements to the U.S. health care system — lower costs, higher quality, greater efficiency, and better access to care.

The patient, Rodney Rogers, is a 44-year-old man from the small town of Woodbury, Tennessee. He has several chronic illnesses, including diabetes, hypercholesterolemia, and hypertension. He is overweight. He quit smoking about eight years ago. His father died in his early 50s from a massive myocardial infarction. In 2005, Rodney chose a health savings account in combination with a high-deductible insurance policy for health coverage.

Rodney selected his primary medical team from a variety of providers by comparing on-line their credentials, performance rankings, and pricing. Because of the widespread availability and use of reliable information, which has generated increased provider-level competition, the cost of health care has stabilized and in some cases has actually fallen, whereas quality and efficiency have risen.1,2 Rodney periodically accesses his multidisciplinary primary medical team using e-mail, video conferencing, and home blood monitoring. He owns his privacy-protected, electronic medical record. He also chose to have a tiny, radio-frequency computer chip implanted in his abdomen that monitors his blood chemistries and blood pressure.

Rodney does an excellent job with his self-care. He takes a single pill each day that is a combination of a low dose of aspirin, an angiotensin-converting–enzyme (ACE) inhibitor, a cholesterol-lowering medication, and a medication to manage his blood sugar. That's one pill daily, not eight. He gets his routine care at his local clinic. He can usually make a same-day appointment by e-mail.

Unfortunately, chest pain develops one day while Rodney is on a weekend trip several hundred miles from home. The emergency room physician quickly accesses all of Rodney's up-to-date medical information. Thanks to interoperability standards adopted by the federal government in 2008, nearly every emergency room in the United States can access Rodney's health history, with his permission. The physician diagnoses an evolving myocardial infarction by commanding Rodney's implanted computer to perform a series of rapid diagnostic tests. The cardiologist in the "nanocath" lab injects nanorobots intravenously, and remotely delivers the robots to Rodney's coronary arteries. The tiny machines locate a 90 percent lesion in the left anterior descending coronary artery and repair it.

The hospital transmits the computerized information about Rodney's treatment, seamlessly and paperlessly, to Rodney's insurer for billing and payment. The insurer pays the hospital and physicians before Rodney returns home. Payments are slightly higher to this hospital than to its competitors because of its recognized high quality and performance. Rodney's hospital deductible and co-insurance are automatically withdrawn from his health savings account. Because Rodney has met all his self-management goals this year, he gets a 10 percent discount on the hospital deductible.

The Vision of the 21st-Century Health Care System
Investing in Health Care

Rodney's world is the future. The high-quality, rich information and common-sense efficiency inherent in Rodney's care are all within our grasp. In fact, we have seen similar and even greater transformations in equally complex sectors of our economy.3 It is time that health care followed the rest of our competitive economy and information society into the 21st century.

Today, however, we are saddled with glaring inefficiencies, high and rapidly rising health care costs, growing ranks of the uninsured, chasms in quality, and health care disparities. Health care spending in the United States is the highest of any industrialized country,4,5 making up nearly 15 percent of our gross domestic product.6 Today's average premium for an insurance policy for a family — $9,086 a year and rising — represents 21 percent of the national median household income of $42,409.7 We spend approximately $5,540 per person per year on health care in the United States.6

There is plenty of evidence to suggest that these health care investments have paid handsome dividends. Life expectancy has increased from 47 to 77 years of age during the past 100 years.8 Hundreds of drugs are in the pipeline to treat conditions ranging from cancer to Alzheimer's disease. Yet there are troubling signs that we are not getting a good return on our investment. We have uneven access to care, with the number of uninsured people climbing annually, most recently to about 45 million.9 The overall quality of care in the United States is not what it should be, especially in light of how much we spend. According to a recent RAND study, Americans — even in the best of circumstances — receive only about 55 percent of the recommended care for a variety of common conditions.10 There is also continuing evidence that health disparities exist on the basis of race, ethnicity, geography, and socioeconomic status.11,12,13 Moreover, as many as 98,000 people die each year in U.S. hospitals because of medical errors.14

Although we have made massive investments in medical research, we clearly have underinvested in the research and infrastructure necessary to translate basic research into results. For example, it takes our physicians an average of 17 years to adopt widely the findings from basic research.15 The health care sector invests dramatically less — some 50 percent less — in information technology than any other major sector of our economy.16

How do we get from here to there? How do we transform the inefficient health care sectors of 2005 into a retooled, dynamic, streamlined health care system for 2015 — a system that produces not only the finest technology and research but also the most efficient, the lowest-cost, and the highest-quality clinical care in the world?

First, we must agree on a guiding principle: all Americans deserve the security of lifelong, affordable access to high-quality health care. Despite pockets of tremendous quality, we are a long way today from realizing the goal of secure, lifelong, affordable access to quality health care for all. Therefore, second, we must acknowledge as a society that the current health care sectors cannot meet the needs of 21st-century America without a true transformation on the scale of what most of America's other industries sustained in the 1980s and 1990s as they retooled to become among the most competitive and successful in the world. Third, in order to generate the innovation and creativity that we will need to make these changes, we must adjust our policies for a patient-centered, consumer-driven, and provider-friendly health care system.

Patient-Centered Health Care

The focus of the 21st-century health care system must be the patient. Such a system will ensure that patients have access to the safest and highest-quality care, regardless of how much they earn, where they live, how sick they are, or the color of their skin. Patients must be the first priority and the focus of the transformed system.

Consumer-Driven Health Care

The new system also must be responsive primarily to individual consumers, rather than to third-party payers. Most health care today is paid for and controlled by third parties, such as the government, insurers, and employers. A consumer-driven system will empower all people — if they so choose — to make decisions that will directly affect the most fundamental and intimate aspect of their life — their own health. This empowerment gives people a greater stake in, and more responsibility for, their own health care. Health care will not improve in a sustained and substantial way until consumers drive it.

Provider-Friendly Health Care

In a transformed health care system, we must reestablish and promote the value of the doctor–patient relationship. Health care is delivered by doctors, nurses, hospitals, and clinics. It is the doctors who annually write more than 2 billion prescriptions17 and see patients nearly 900 million times.18 And health care providers, working closely with patients and consumers, will be responsible for the lion's share of the system's transformation. We must recognize that empowered providers, competing and retooling to provide the highest possible level of care for patients, are the cornerstones of this new vision. This patient-centered, consumer-driven, provider-friendly model will be energized and driven by three fundamental forces: information, choice, and control.

Increased access to more accurate information about care and pricing will make possible the rest of the transformation of the health care system. Informed consumers must have the opportunity to choose. Whether selecting their physician, hospital, or health plan, consumers must be able to choose what best meets their needs. Not everyone must be a prudent shopper, but those who are will drive the system to higher quality, lower cost, and more robust value overall. Consumers and patients must be in control. Sophisticated, empowered consumers — as Americans are in almost every other aspect of their lives — will make the best decisions both for themselves and, collectively, for the health care economy and society itself. Providers also must have sufficient control to compete, take risks, and innovate to provide higher-quality, more efficient clinical care.

Realizing the 21st-Century Health Care System

The Roles of Citizens and Government

Organizing a system primarily around the needs of consumers and patients does not mean that people should simply go it alone. Government plays a crucial role. It must establish the rules of the road and help realign incentives so that a retooled and newly vibrant market works. Government should provide people with adequate resources and promote the development of better information so that consumers can make informed choices. It must also provide a sturdy safety net with basic protections and additional assistance for the physically, mentally, or financially vulnerable.

A government operating under this covenant would help strongly and efficiently when needed but would expect its citizens to do their part as well. Dignity, respect for people, and personal responsibility are critical for healing both people and health care systems. Comprehensive policy proposals designed to accelerate the transformation of the health care system will require fundamental shifts across a broad range of disciplines, from tax law to litigation reform to insurance law to entitlement programs.

Universal Electronic Health Records

A 21st-century health care system requires electronic health records. To empower wired consumers with information, choices, and control, the immense power of information technology must be harnessed. Electronic health records must contain all necessary health information, from medical histories to billing information; must be accessible from any Internet portal; must be capable of seamless use among all hospitals, doctors' offices, and clinics; and must be protected by strong, national privacy laws from inappropriate, unethical, or unauthorized use. Widespread adoption of electronic health records will reduce errors, improve quality, eliminate paperwork, and improve efficiency. Once fully implemented, electronic records will dramatically reduce cost and improve quality.

Providers should be encouraged, with the use of payment incentives, to deploy electronic health records rapidly. Federal programs such as Medicare should help lead this effort. Private payers must follow. The initial focus should be primary care providers, along with academic health centers and large hospital systems that best capture economies of scale. Vulnerable patient populations cannot be left behind in this effort. Therefore, safety-net providers and others who face particular financial hurdles, such as sole practitioners in rural areas, should receive special attention and funding.

Health Coverage for Children and Low-Income Americans

Despite Medicaid expansions during the past decade and implementation of the State Children's Health Insurance Program (S-CHIP) in 1997, there are more than 9 million uninsured children in the United States. The families of nearly 7 million of these children have incomes below 200 percent of the federal poverty line. More than 16 million parents and grandparents with family incomes below 200 percent of the poverty line also lack coverage.19

The government must enroll all 5.6 million children eligible for Medicaid and S-CHIP within 24 months through a combination of streamlined enrollment procedures, increased financial incentives for outreach programs, and a new national "Cover the Kids" enrollment campaign. We also should provide refundable tax credits to all Americans with incomes below 200 percent of the poverty line, beginning with low-income, uninsured parents and children who do not qualify for Medicaid or S-CHIP. These tax credits could be used to buy into either public or private programs. In addition, those low-income people who are eligible for public programs should be allowed to enroll in private coverage if they choose.

To make sure every vulnerable American who needs health care gets health care, the United States will always need a strong safety net. The capacity of our community health centers should be doubled over the next 10 years, and sufficient resources should be allocated to maintaining the network of these centers.

Increased Personal Responsibility

To help drive the changes in the system, people should be more responsible for preventing illness and disease. The government can help through additional investments in proven prevention strategies and public health interventions. For example, smoking is the leading cause of preventable death in the United States. It causes more than 440,000 deaths and accounts for direct medical costs of $75 billion each year. If Americans can stop bad behavior before it starts, or change it after it has begun, we can save lives and save money.

Furthermore, one in five people without health insurance coverage is from a family with an income above $50,000. More than 2 million uninsured children live in families that have incomes above $40,000. If such people get health coverage, the size and quality of the health insurance risk pool will expand and the number of uninsured people will be reduced. Therefore, higher-income Americans should be encouraged, through changes in tax policies, to buy themselves and their children high-deductible catastrophic insurance coverage.

Affordable Health Coverage for All Americans

Health care must be affordable for all Americans. At the same time, cost-saving measures can go a long way toward improving health care quality and value and reducing waste and inefficiency.
Tax-free health savings accounts (HSAs), adopted in 2003 as part of the Medicare Modernization Act (Public Law 108-173), will help speed the movement to a more consumer-driven health care market. It is estimated that half of all employers will offer HSAs to their employees within the next two to five years.20,21 HSAs, coupled with affordable high-deductible insurance policies, give individual consumers more control over their health care choices and hard-earned dollars. HSAs give people a greater stake in their own health care. The accounts can move with employees from job to job and can be rolled over year to year.22 HSAs should increase demand for greater information and transparency.

In addition to providing people with more-affordable health care coverage options through tax credits and HSAs, policymakers need to reexamine tax incentives that tightly bind health benefits to employment and drive the inflation of health care costs. This system, created during an era when the typical American worked for only one employer during his or her lifetime, is outdated, regressive, and has been universally blamed by economists for inflating health care costs.23 Therefore, we should phase in a limitation on the employer tax exclusion and permit people who purchase individual health insurance coverage to fully deduct (before taxes) the cost of their insurance. People would be treated the same under the tax code whether they bought insurance on their own or through an employer.

We should also take steps to make insurance more affordable and more consumer-friendly, particularly for individual consumers and small businesses. First, we must give individual consumers and small businesses more purchasing clout with state and regional purchasing pools and association health plans (commonly known as AHPs).

Second, we should establish a new national, publicly chartered, privately run "Healthy Mae," a mechanism for speading risk. A transparent and responsible Healthy Mae would help insurers more broadly share risk and reduce administrative costs by creating a vibrant secondary market for health insurance, just as we have done for home mortgages. It would make health insurance — particularly in the individual market — more stable and affordable.

Third, we must pass medical litigation reform and patient safety legislation to stop the litigation lottery, curb frivolous lawsuits, and reduce medical errors. It is estimated that malpractice costs, including defensive medicine, account for at least $100 billion a year in health care costs.24 Moreover, a liability system intended to promote the highest standards of care, reduce errors, and punish negligence is having the opposite effect.25 Ultimately, we should move to a medical justice system that quickly compensates injured patients and promotes quality health care instead of impeding it.

Security of Long-Term Care

Our long-term care situation is bad and getting worse. The need for long-term care services will increase as our nation's people age and the life span lengthens. Yet, retirees have too few savings to meet these needs and must spend almost all their life savings to qualify for Medicaid. The corresponding burden on Medicaid is huge. One third of Medicaid dollars go to long-term care — dollars that are not being spent on health insurance for poor adults and children.26
There are steps that government can take to alleviate this burden. Specifically, we should provide a full above-the-line deduction for insurance premiums for private long-term care. We should also establish tax-free individual retirement accounts (IRAs) for lifetime health, just like IRAs and 401(k) plans. These accounts could be used to save and pay for health care needs during retirement. Finally, we should provide additional financial support for family caregivers.

Translating Science into Cures

During the next decade, the practice of medicine will change dramatically through genetically based diagnostic tests and personalized, targeted pharmacologic treatments that will enable a move beyond prevention to preemptive strategies. A whole new frontier of medicine will open, with a focus on delaying the onset of many diseases such as cancer, cardiovascular disease, and Alzheimer's disease. We need to refocus our federal research entities to take full advantage of these breakthroughs. This effort will also require enhanced cooperation between government and private-sector researchers.27 The primary goal will be to target a greater proportion of federal research dollars to translate promising biomedical research into the clinical setting where it will preempt illness, prolong life, and reduce pain and suffering.

Conclusions

American health care is at a crossroads. Rapidly advancing forms of technology are dramatically improving lives. Simultaneously, U.S. citizens face enormous inefficiencies, escalating costs, uneven quality, disparities in health care, and rising numbers of uninsured people. For decades, policymakers have debated and rejected a variety of solutions. What we have never done in the health care economy, however, is foster the kind of competition that has made other industries the most successful, prosperous, and advanced in the world. At this crossroads we now have a unique opportunity to use information technology to create a health care marketplace that will in turn produce the transformed 21st-century health care system we must have.

Source Information

From the office of Senate Majority Leader William H. Frist, Washington, D.C.

Address reprint requests to Dr. Frist at the Office of Senate Majority Leader William H. Frist, S-230, U.S. Capitol, Washington, DC 20510, or at dean_rosen@frist.senate.gov


References

1. Porter MD, Teisberg EO. Redefining competition in health care. Harv Bus Rev 2004;82:64-76, 136. [ISI][Medline]

2. Improving health care: a dose of competition. Washington, D.C.: Federal Trade Commission, Department of Justice, July 2004.

3. Carey J. Flying high? Business Week. October 11, 2004:116-22.

4. Levit K, Smith C, Cowan C, Sensenig A, Catlin A. Health spending rebound continues in 2002. Health Aff (Millwood) 2004;23:147-159. [Free Full Text]

5. Holtz-Eakin D. Health care spending and the uninsured. CBO testimony before the Committee on Health, Education, Labor, and Pensions, United States Senate, January 28, 2004. Washington, D.C.: Congressional Budget Office, 2004.

6. Reinhardt UE, Hussey PS, Anderson GF. U.S. health spending in an international context. Health Aff (Millwood) 2004;23:10-25. [Free Full Text]

7. Appleby J. Health insurance premiums crash down on middle class. USA Today. March 17, 2004.

8. Health, United States. Atlanta: Centers for Disease Control and Prevention, National Center for Health Statistics, 2004.

9. DeNavas-Walt C, Proctor BD, Mills RJ. Income, poverty, and health insurance coverage in the United States: 2003. Census Bureau current population reports. No. P60-226. Washington, D.C.: Government Printing Office, August 2004.

10. McGlynn EA, Asch SM, Adams J, et al. The quality of health care delivered to adults in the United States. N Engl J Med 2003;348:2635-2645. [Free Full Text]

11. Smedley BD, Stith AY, Nelson AR, eds. Unequal treatment: confronting racial and ethnic disparities in health care. Washington, D.C.: National Academy Press, 2003.

12. Isaacs SL, Schroeder SA. Class -- the ignored determinant of the nation's health. N Engl J Med 2004;351:1137-1142. [Free Full Text]

13. Chandra A, Skinner J. Geography and racial health disparities. NBER working paper no. W9513. Cambridge, Mass.: National Bureau of Economic Research, February 2003.

14. Kohn LT, Corrigan JM, Donaldson MS, eds. To err is human: building a safer health system. Washington, D.C.: National Academy Press, 2000.

15. Balas EA, Boren SA. Managing clinical knowledge for healthcare improvement. In: Yearbook of medical informatics. Bethesda, Md.: National Library of Medicine, 2000: 65-70.
16. Bates DW. The quality case for information technology in healthcare. BMC Med Inform Decis Mak 2002;2:7-7. [Medline]

17. Trends in outpatient prescription drug utilization and expenditures: 1997-2000. Statistical brief no. 21. Rockville, Md.: Agency for Healthcare Research and Quality, June 2004.

18. Lethbridge-Cejku M, Schiller JS, Bernadel L. Summary health statistics for U.S. adults: National Health Interview Survey, 2002. Vital and health statistics. Series 10. No. 222.
Hyattsville, Md.: National Center for Health Statistics, July 2004. (DHHS publication no. (PHS) 2004-1550.)

19. Urban Institute. Estimates of the March 2003 Current Population Survey. Washington, D.C.: Kaiser Commission on Medicaid and the Uninsured, 2004.

20. Kritz FL. Health savings accounts are tempting but mostly untested. Washington Post. October 26, 2004:HE1.

21. Claxton G, Gil I, Finder B, Holve E. Employer health benefits, 2004: annual survey. Washington, D.C.: Kaiser Family Foundation and Health Research and Education Trust, 2004.

22. Treasury Department. Health savings accounts (HSAs). (Accessed December 27, 2004, at http://www.ustreas.gov/offices/public-affairs/hsa.)

23. Sheils J, Haught R. The cost of tax-exempt health benefits in 2004. Bethesda, Md.: Health Affairs, February 25, 2004 (Web exclusive). (Accessed December 27, 2004, at http://content.healthaffairs.org/cgi/content/full/hlthaff.w4.106v1/DC1.)

24. Office of the Assistant Secretary for Planning and Evaluation. Confronting the new health care crisis: improving health care quality and lowering costs by fixing our liability system. Washington, D.C.: Department of Health and Human Services, July 24, 2002.

25. Studdert DM, Mello MM, Brennan TA. Medical malpractice. N Engl J Med 2004;350:283-292. [Free Full Text]

26. O'Brien E, Elias R. Medicaid and long-term care. Washington, D.C.: Henry J. Kaiser Family Foundation, May 2004:8.

27. Frist WH. Federal funding for biomedical research: commitment and benefits. JAMA 2002;287:1722-1724. [Free Full Text]


Responses:

Health Care in the 21st Century, Letters from Gurewich V., Huebner J., Frisof K., Harris R. M., Nelson J. C. Extract Full Text PDF N Engl J Med 2005; 352:1927-1928, May 5, 2005.
http://content.nejm.org/cgi/content/full/352/18/1927


To the Editor: In his Shattuck Lecture on health care in the 21st century (Jan. 20 issue), William Frist takes pride in the "tough but wise decisions" by America's leaders that "unleashed the creative power of the competitively driven marketplace," promising to bring "lower costs, higher quality, greater efficiency, and better access to care" by 2015.

Frist's confidence seems strangely misplaced, since it is precisely this marketplace model that has brought us our currently escalating health care costs, shrinking access to care, and mounting dissatisfaction on the part of patients and the medical profession alike.

We in the United States are unique in the world in regarding health care as a commodity, and as a consequence, we spend more for health care than any other country does. At the same time, the United States ranks 37th in quality of service, according to the World Health Organization, and 27th in rates of infant mortality, and our life expectancy is shorter than that in several European countries that spend far less on health care. This is hardly a record that merits such praise and confidence in our system. Rather, it is one that should call into question the industrial model that, Frist maintains, holds such promise for our future health care.

Victor Gurewich, M.D. Beth Israel Deaconess Medical Center Boston, MA 02215 vgurewic@bidmc.harvard.edu


To the Editor: Dr. Frist's vision of health care in the 21st century is imaginative but risky. His reliance on "consumer-driven health care" threatens to exacerbate the inequalities and inefficiencies in U.S. health care. His call for "affordable health coverage for all Americans" does not equal affordable health care for all Americans. High-deductible insurance with health savings accounts is less expensive than traditional coverage, but the financial barriers with this approach discourage primary and preventive care.1 If his fictitious patient, Mr. Rogers, had a low or moderate income, he might question, while having chest pain, whether he could afford "nanocath" laboratory services.

Instead, everyone should have an inviting medical home2,3 where they can get the care they need. We should make high-quality information more available to patients, but the burden of reducing costs should be focused on policy makers, hospitals, and clinicians through a realignment of care incentives. We encourage Congress to follow the recent recommendations of the Institute of Medicine by "taking action to achieve universal health insurance . . . with enactment by 2010."4

Jeffrey Huebner, M.D. University of Washington Seattle, WA 98105 eino@u.washington.edu

Kenneth Frisof, M.D. Case Western Reserve University Cleveland, OH 44106

References

1. Half of insured adults with high-deductible health plans experience medical bill or debt problems. Washington, D.C.: The Commonwealth Fund, January 27, 2005. (Accessed April 14, 2005, at http://www.cmwf.org/newsroom/newsroom_show.htm?doc_id=257751.)

2. Martin JC, Avant RF, Bowman MA, et al. The future of family medicine: a collaborative project of the family medicine community. Ann Fam Med 2004;2:Suppl 1:S3-S32.

3. Levine S. District health system faulted. Washington Post. January 29, 2005:B1.

4. Institute of Medicine. Insuring America's health: principles and recommendations. Washington, D.C.: National Academies Press, 2004.


To the Editor: Rodney Rogers of Woodbury, Tennessee, could have been one of the 323,000 people eliminated from TennCare (the Tennessee Medicaid program) as a cost-saving measure back in 2005. His myocardial infarction in 2015 might have been prevented if he had had access to care 10 years earlier. Where is the "common-sense efficiency" Dr. Frist details in the current spate of Medicaid reductions?

Rosemary M. Harris, M.D. Drexel University School of Medicine Philadelphia, PA 19129 rh39@drexel.edu


To the Editor: Nothing less than creative, strategic thinking is needed to improve our nation's health care system. Dr. Frist's vision crystallizes many of the forward-thinking ideas currently under discussion by leaders across the health care and political spectrum.

The American Medical Association is deeply concerned that without action our health care system will crumble. Through leadership, education, and advocacy, we are working to expand coverage to the nation's uninsured, reform our broken medical-liability system, ensure fair payments to physicians participating in Medicare and managed-care programs, improve the quality and safety of care for our patients, and improve public health.

John C. Nelson, M.D., M.P.H. American Medical Association Chicago, IL 60610


One doctor at the San Mateo County Medical Assn, provides this Feb. 05 response:
"[H]idden in his plan is an effort to transfer the cost of care to those who are unable to pay and completely disadvantage patients with “bad habits” or whose immigration status cannot be verified at presentation for services. He speaks of catastrophic health insurance and sharing risk in a way that may prove the opposite."


Single System Electronic Medical Records Coming To Northern California Kaiser Permanente Facilities

By Michelle B. Caughey, M.D.

The debate over Electronic Medical Records (EMR) makes headlines every day. Which one? How soon? How will they be paid for? Is the $150 million in the president’s budget enough to explore a nationally compatible record?

But I believe the debate is largely over and that CMS will make decisions for health care providers and hospitals. In his recent Shattuck Lecture,1 William Frist, M.D., Senate majority leader, states: “A 21st-century health care system requires electronic health records.” And later in his paper, he says that Medicare should lead this effort, presumably by supplying incentives or conversely lower reimbursement for physicians and other providers who do not join in a nationally standardized EMR. He believes that EMR use will reduce errors, improve quality, and maximize efficiency.

Large medical practices such as the Palo Alto Medical Foundation, the Veterans Administration, and Kaiser Permanente (KP) have implemented versions of an EMR. Smaller practices will find the initial investment frightening, but necessary. Most systems have a billing component, appointment systems, and quality reporting. Many have patient messaging and direct medical record access.

At KP, we are moving to a single system, from a clunky but for its time great bunch of interconnected mainframe databases. Northern California Kaiser has an ambitious timetable for rollout. Every physician computer workstation was upgraded in 2004. By the end of 2005, the registering and billing functions will serve all 5,000 physicians and 3.2 million members. This month the first totally paperless system moved into the pediatric department in Elk Grove. It involves charting, order entry, in-baskets for lab and radiology, coding, and embedded knowledge, to name a few features. By the end of 2004, four (of 19) medical centers will make the switch. Kaiser South San Francisco EMR implementation is slated for early 2005, Redwood City a little later.

When physicians imagine an EMR, they think about charting and chart note retrieval, with connection to ancillary systems. But a truly comprehensive EMR has five basic components:

(1) Clinical Care with clinical data, not just from M.D.s, but also from nurses, therapists, and medical assistants with ORDER ENTRY for absolutely everything. Such documentation and ordering does change the work flow and initially lengthen the time per encounter. Knowledge can be embedded for improved clinical decision making.

(2) All ancillary systems such as lab, EKGs, pathology reports, and ideally digital imaging retrievable for patient encounters.

(3) Secure Web access for E-mail communication, chronic disease management, and patient chart access.

(4) Insurance and business information linking patient insurance information to the cclinician and allowing proper billing and coding.

(5) Retrieval of information for quality demonstration or population management, to ultimately improve the health of all persons by using appropriate outreach and tracking.

Dr. Frist begins his lecture with the description of a patient in 2015. While the patient is away from home, he develops chest pain and travels to a local Emergency Room. There, the physicians access all of his up-to-date health information; the hospital cares for him and bills the insurer and his health savings account.1 (And, as an aside, he gets a 10 percent discount on his deductible because he met his “health goals” for the year.)

As an integrated delivery system, KP can and will make the most of an EMR. Patients want safe, convenient, personal, and effective care for their problems. Their goals will be enhanced.
I believe that Dr. Frist’s support for an EMR is a good start for a national database.

Unfortunately, it will be unfunded and therefore difficult for small institutions, especially public hospitals and clinics, to fully participate. I believe that hidden in his plan is an effort to transfer the cost of care to those who are unable to pay and completely disadvantage patients with “bad habits” or whose immigration status cannot be verified at presentation for services. He speaks of catastrophic health insurance and sharing risk in a way that may prove the opposite.

I encourage you all to read the article, as I expect the Congress will work through his agenda in the coming years.

Tuesday, March 18, 2008

Vote-By-Mail Doesn't Deliver

Vote-by-Mail Doesn't Deliver
Michael Slater and Teresa James
June 29, 2007


Teresa James is an election counsel and Michael Slater is deputy director of Project Vote, a national nonpartisan, nonprofit organization that provides research, guidance and technical assistance to voter participation and voting rights organizations.


The shift in partisan control in Congress and in many state legislatures has brought about renewed interest in policies that make voting more accessible or convenient. One policy under consideration is vote-by-mail (VBM). In the U.S. Senate, Ron Wyden, D-Ore., introduced a bill that creates financial incentives to states shifting to vote-by-mail while in the House Susan Davis, D-Calif., introduced a bill requiring states to offer all residents the option of voting by mail. In the states, there have been at least 32 bills introduced in 18 legislatures that propose to replace traditional polling places with all-mail elections in some or all elections. This July, secretaries of state will find VBM on the agenda as they gather in Portland for their annual summer conference.

Oregon, of course, votes entirely by mail, but VBM elections have also been conducted in Alaska, California, Colorado, Florida, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Utah, and Washington. In fact, most counties in Washington now hold elections only by mail.

Supporters of VBM systems point to cost savings, greater counting accuracy, and voter satisfaction. They also believe that VBM will increase overall voter turnout. Some supporters suggest that making voting easier may reduce socio-economic disparities in voter participation. And, in response to critics who suggest VBM elections are vulnerable to fraud, supporters note that Oregon’s VBM elections have been fraud-free.

Based largely on Oregon’s successful experience with VBM, some advocates and policymakers are eager to import all-mail elections to other states and abandon America’s centuries-old practice of polling place voting. We think that might be unwise. Here’s why.

Vote by mail is only as reliable as the mail delivery.First class mail, as its name might imply, does not treat everyone equally. In fact, it discriminates against low-income communities and dense urban areas where residents move more frequently and not every adult shares the same family name. This bias is codified in U.S.P.S. Domestic Mail Manual, which provides that if “the addressee of certain mail is unknown to the delivery employee, the mail may be withheld pending identification of the claimant.” In Oregon’s Multnomah County (Portland), for example, 6 percent of mail ballots were returned as undeliverable in the 2004 election.

There are many common scenarios in which a mail carrier may not know that a person resides at a given address, particularly when delivering to apartment or condominium complexes. The most common scenario is a new resident. America has a famously mobile population. The most recent U.S. Census Bureau report indicates that “43 million people or 16 percent of the population aged 1 and older living in the United States moved between March 1999 and March 2000.” Minorities, young people, singles, and divorced people moved at above-average rates.
Project Vote is especially concerned about the effects of mobility among people of lower income levels. Twenty-one percent of households with incomes under $25,000 have moved in the past year, compared to 12 percent of households with incomes greater than $100,000. Almost one in three renters moved, compared to one in 11 homeowners.

Other plausible scenarios include an adult child may move in with a parent, a woman in the process of divorce may move into a friend’s home or an elderly adult may move in with an adult child. These individuals are eligible to vote if they have resided at their new address for even a short period of time, but the mail carrier may simply return a mail ballot if the primary resident hasn’t notified the mail carrier of the new occupant.

This situation came into play during the 2006 election in Baltimore, Maryland. Election officials announced intentions to cancel 2,300 new registrations because voter registration cards were returned as undeliverable. Officials concluded that returned cards indicated that applicants had failed to complete their applications accurately. Project Vote staff investigated and, through interviews with mail carriers, learned that the non-forwardable mail that the board of elections used could not be left at an address where the addressee was not known or listed as a resident. Further investigation confirmed that applicants lived at the addresses they provided to election officials.

Vote by mail’s effect on voter turnout is at best neutral, but may favor affluent voters.VBM supporters suggest that turnout will increase with all mail elections and point to early studies showing an increase in Oregon voter turnout of up to 10 percentage points. Subsequent research contradicts these findings or presents a far more nuanced picture of VBM’s effects on voting.

Most recently, political scientists Thad Kousser and Megan Mullin conducted a rigorous analysis of two recent elections in California, where election law allows officials to designate small precincts as VBM precincts for specific elections. The researchers first paired each VBM precinct with a polling place precinct with similar demographics, averaged the turnout in all the VBM precincts and all the polling place precincts, and then compared the results. They found that turnout in VBM precincts were 2.6 and 2.9 percentage points lower than in polling place precincts.

The most recent examination of VBM’s effect on Oregon’s turnout concludes that, far from the initial 10 percentage point increase some researchers found, VBM increased turnout by four percentage points and only in presidential election years.

More important than the size of any increase in turnout is who is voting under VBM who would not otherwise have voted. Here, researchers have reached a consensus. To the extent that VBM increases turnout in Oregon it does so by retaining voters who are occasional rather than habitual voters. Further, these voters are demographically similar to habitual voters. In other words, VBM does nothing to expand the electorate in ways that make it more representative of the voting age population. In fact, as MIT political scientist Adam Berinsky writes:


“VBM in Oregon accentuated the stratification of the electorate. Specifically,
VBM mobilized those already predisposed to vote—those individuals who are
long-term residents and who are registered partisans—to turn out at higher rates
than before.”


Vote by mail is more susceptible to corruption than voting at polling places.There is widespread consensus among all but die-hard partisans that there is little polling place fraud (which is why the debate over voter ID requirements is a false one). There are, however, more than a few cases of absentee ballot fraud. Generally speaking absentee fraud reports arise most often in local county or community elections.

Absentee ballot fraud takes four general forms, (1) forging signatures or signing fictitious names; (2) coercing or influencing a vote; (3) vote buying; and (4) misappropriating absentee ballots. Absentee ballot fraud by members of both major political parties has been substantiated in several high-profile civil and criminal cases.

A 1997 Miami mayoral election was overturned by a Florida appeals court in a highly publicized case upon a finding that absentee ballots cast for Republican incumbent Xavier Suarez were tainted by fraud. The court installed Democratic candidate Joe Carollo as the winner of the mayoral race after throwing out all 4,740 absentee votes. As a result of the investigation, 21 Miami residents were accused of acting as false witnesses to absentee ballots. In a similar case, a state judge nullified the results of a 1993 mayoral election in Hialeah and ordered a new vote.

In a blatant instance of vote buying, Democratic and Republican supporters of candidates in a Dodge County, Georgia sheriff’s race were found guilty of paying voters for their absentee ballot votes, each side bidding against the other and operating from tables on opposite ends of the courthouse hall. In a more recent case, two defendants in Tallahatchie County, Mississippi were convicted of absentee ballot fraud for providing money and beer to voters to get them to vote by absentee ballot.

Vote by mail is amenable to manipulation by election officials.The National Voter Registration Act (NVRA) prohibits election officials from purging voters for failing to vote. It also requires notice letters and a waiting period before officials can purge voters whom they believe have moved. A registered voter should be able to go her polling place on Election Day and find her name on the list, even if she skipped an election. Vote by mail is different. Election officials in many states can decide to mail ballots to only a subset of registered voters, leaving other voters waiting by the mailbox.

This is exactly what happened in Denver recently. Colorado law requires election officials to place voters who have missed a single general election on an “inactive list.” Voters on the inactive list do not receive a mail ballot. In this case, Denver voters who missed the 2006 general election did not receive their ballots in the mail. More than 117,000 voters were left out of the election as a consequence. Ironically, many Denver voters were unable to cast a ballot in 2006 because of the city’s well-reported failure of its electronic poll book system.

Distinguishing between “active” and “inactive” voters and then mailing ballots to only active voters is the practice Oregon, Washington, and California, in addition to Colorado. No federal law protects voters against this administrative sleight of hand.

Conclusion

Thanks largely to Oregon’s experience, many reform-minded advocates and policymakers have become persuaded that vote-by-mail stimulates increased voter turnout with few drawbacks. We think the facts don’t support their arguments. VBM reinforces the stratification of the electorate; it’s more amenable to both fraud and manipulation than voting at polling places; and it depends too much on the reliability of the U.S. Postal Service.

Americans deserve an equal opportunity to participate in democracy; vote by mail doesn’t deliver that.
####

This TampaBay article gives one example of how the post office doesn't deliver: http://www.tampabay.com/news/politics/local/article418194.ece

Sunday, March 9, 2008

Campaign Promise

(Election Humor)

While walking down the street one day a US senator is tragically hit by a truck and dies. His soul arrives in heaven and is met by St. Peter at the entrance.

"Welcome to heaven," says St. Peter. "Before you settle in, it seems there is a problem. We seldom see a high official around these parts, you see, so we're not sure what to do with you."

"No problem, just let me in," says the man.

"Well, I'd like to, but I have orders from higher up. What we'll do is have you spend one day in hell and one in heaven. Then you can choose where to spend eternity."

"Really, I've made up my mind. I want to be in heaven," says the senator.

"I'm sorry, but we have our rules."

And with that, St. Peter escorts him to the elevator and he goes down, down, down to hell. The doors open and he finds himself in the middle of a green golf course.In the distance is a clubhouse and standing in front of it are all his friends and other politicians who had worked with him. Everyone is very happy and in evening dress.

They run to greet him, shake his hand, and reminisce about the good times they had while getting rich at the expense of the people. They play a friendly game of golf and then dine on lobster, caviar and champagne. Also present is the devil, who really is a very friendly guy who has a good time dancing and telling jokes.
They are having such a good time that before he realizes it, it is time to go. Everyone gives him a hearty farewell and waves while the elevator rises.

The elevator goes up, up, up and the door reopens on heaven where St. Peter is waiting for him.

"Now it's time to visit heaven."

So, 24 hours pass with the senator joining a group of contented souls moving from cloud to cloud, playing the harp and singing. They have a good time and, before he realizes it, the 24 hours have gone by and St. Peter returns.

"Well, then, you've spent a day in hell and another in heaven. Now choose your eternity."

The senator reflects for a minute, then he answers: "Well, I would never have said it before, I mean heaven has been delightful, but I think I would be better off in hell."

So St. Peter escorts him to the elevator and he goes down, down, down to hell.

Now the doors of the elevator open and he's in the middle of a barren land covered with waste and garbage. He sees all his friends, dressed in rags, picking up the trash and putting it in black bags as more trash falls from above. The devil comes over to him and puts his arm around his shoulder.

"I don't understand," stammers the senator. "Yesterday I was here and there was a golf course and clubhouse, and we ate lobster and caviar. I drank champagne, and danced and had a great time. Now there's just a wasteland full of garbage and my friends look miserable. What happened?"

The devil looks at him, smiles and says, "Yesterday we were campaigning. Today you voted."

[the post below is also election humor]

Bio-Elections

by John Varley, in Wizard, Berkley Books, 1980:

They're more like insects, actually, but water-breathing. They're true
colonies, with a hive brain like ants or bees. But they don't have a
queen.

They apparently hold free elections, complete with primaries and campaigns and propaganda in the form of pheromones released in the water at election time.

The winner is allowed to grow to be a meter long and holds office for seven kilorevs. His function is mainly morale. He releases chemicals that keep the hive happy.

At the end of the term the hive eats him. Sanest political system I
ever saw.

~ Cirocco Jones


Me, too, Rocky.

BREAK

I'LL CONTINUE TO POST MY OLDER ARTICLES AS TIME ALLOWS.

US to NY: You Gotta HAVA Faulty Voting Machine

November 7, 2007 US to NY: You Gotta HAVA Faulty Voting Machine


In USA v. New York State Board of Elections, et al. (US District Court, Northern District of NY, Civil Action No. 06-CV-0263), Department of Justice (DOJ) Attorney Brian Heffernan argues that even though no electronic voting systems exist that meet NY’s voting technology standards, NY must use the faulty technology.

He admits that the Help America Vote Act (HAVA) allows states to develop stricter standards, but claims this is trumped by HAVA’s deployment deadline of January 1, 2006. New York has extended this deadline to allow high-tech vendors time to meet its stricter standards. None has yet done so.

According to Andi Novick, founder of Northeast Citizens for Responsible Media, the effect of the federal government’s logic is, “It doesn’t matter that these machines are hackable, you must use them in the 2008 elections.”

Tonight, Novick spoke with Mary Ann Gould on Voice of the Voters, explaining:
“A HAVA-compliant system already exists. It’s far less expensive, requires no certification testing which costs taxpayers millions of dollars, and which has a proven track record: hand-counted paper ballots (HCPB).”


She envisions HCPB being taught in high school civics, with senior students counting the official ballots on election night.

Novick and other speakers on Voice of the Voters decried how these machines have repeatedly failed the public, in practice and in the lab. Test after test after here show these machines can be hacked in less than a minute. Prior studies, including this one, reach the same conclusions: electronic voting is not securable, neither touchscreen nor optical scan.

Dan Rather attacked high technology from a different angle, showing how outsourcing the manufacture of our election systems further defeats democracy, with faulty equipment being built in sweatshop conditions.

The absurdity of the DOJ’s position goes even further. Heffernan worries that someone might get away with something:

“To view this scenario otherwise would allow a state to ignore with impunity HAVA’s minimal federal voting systems requirements for however long it pleases.”
Hmm. Is this anything akin to the telephone companies violating the US Constitution, the Bill of Rights and various state and local laws by spying on US citizens for the federal government, with impunity?

If the federal government is magnanimous enough to grant immunity to such gross violations of law and liberty in the Land of the Free, certainly it can allow a State an extension when seeking a securable and well-designed voting system, despite HAVA’s arbitrary deployment deadline.

Heffernan cites federal supremacy over States’ rights, an argument that loses its validity as Congress and this Administration continue to support aggressive illegal wars, torture, extraordinary rendition, and the dismantling of the Bill of Rights. Clearly, centralized authority that ignores the rule of law is a growing problem, with waning legitimacy, and waning public support.

States are better positioned to defend a free society, and certainly it is within a State’s purview to reject voting systems that cannot be made secure. Honest citizens agree that the security of US elections trumps any willy-nilly law passed by the current crop of politicians.

High tech voting systems are a proven product failure. They represent privatization of public elections, denying access to ordinary citizens since expertise is required to review the source code. High tech voting systems– touchscreen and optical scan– thru the use of software, count the vote in secret, which violates one tenet of free and fair democratic elections.

Andi Novick offers a common sense response to the problem of privatized technology in our public elections. “We need a non-vendor public solution for our elections.” It is hand-marked paper ballots, hand-counted at the precinct on election night, before all who wish to observe. This voting system is time-tested, the least expensive, and the most securable of all voting systems.


Sources and Further Reading:

Election Technology Tests:
California: http://tinyurl.com/yv7aaj
Florida: http://tinyurl.com/2xkzd4
Univ. of CT Oct. 2006 Diebold OpScam Report http://tinyurl.com/34pc49
Univ of CT July 2007 Diebold Touch Screen Report http://tinyurl.com/2u2t3n
Prior Studies: http://tinyurl.com/2gwlve

Dan Rather’s video, The Trouble with Touch Screen, can be accessed at http://voteraction.org/

Free & Fair Elections, International Parliamentary Union, 2006 http://tinyurl.com/ysca9t

I am Voter Hear Me Roar: Meet the New York Amici

December 15, 2007 I am Voter Hear Me Roar: Meet the New York Amici


Over 200 pages of legal documents from dozens of organizations, activists, election officials, and county legislators, representing tens of thousands of people, spoke on behalf of hand-counted paper ballots yesterday, through an amicus curiae brief (friend of the court), filed in USA vs. NY State Board of Elections.

In this federal case, the Dept. of Justice seeks to force New Yorkers to buy computerized voting systems, which have failed across the nation, election after election, and which the scientific community repeatedly condemns.

Attorneys Andi Novick and Jonathan Simon, from Election Defense Alliance, head the cooperative effort. Novick saluted the “cooperation and enthusiasm displayed by our colleagues across the election integrity spectrum,” noting that “it means a great deal in court, as well as in the court of public opinion, when so many groups and leaders pull together behind such a proposal.”

Dave Berman’s HCPB Forecast Tool provides the Court with a simple and effective means of calculating what it would cost New York to hire a 4-person hand-counting team per precinct (Election District) should the court allow it.

Also on December 14th, Ohio released the results of its “Project EVEREST,” but not in time to be included in the annotated bibliography of expert reports submitted in the New York case.

Ohio’s team looked at Hart InterCivic, ES&S and Premier (fka Diebold), and all systems are still hackable. Secretary of State Jennifer Brunner insists Cuyahoga County will switch to a computerized, networked system that uses centralized tabulation, a process wholly condemned in the scientific literature.

The Quotes

But, ignoring that absurdity for now, have a bowl or a glass of wine (or for those who can relax without chemical assistance, sit back) and quietly contemplate these gems of wisdom from people who stand for government by the people:

This … federal takeover of a state election board … is ‘bizarre and unworkable.’

Friend of the court, Joel Tyner, NY Dutchess County Legislator, continues:

Secret vote counting is not only unconstitutional, but is un-American. All touch screen and optical scan voting machines … count the votes (in) secret... This is beyond absurd— from the sublime to the ridiculous.

Nancy Tobi of New Hampshire writes:

“New York’s Constitution of 1777 makes the observation that a vote cast on a tangible ballot preserves democracy better than one cast in the air:

And whereas an opinion hath long prevailed among divers of the good people of this State that voting at elections by ballot would tend more to preserve the liberty and equal freedom of the people than voting viva voce…

Citing NY history (above) to make her point, Tobi continues:

With the advent of computerized voting, a new form of voting viva voce has made its way into the nation’s elections, with the lion’s share of America’s total ballots now being counted – and often cast – in the Ethernet.


Author and four-time research award winner, Professor Steven Freeman states in his Declaration:
There is little question but that elections using newer HAVA-indicated op-scan and Direct Record Electronic machines can be stolen. Indeed, it has been proven time and time again.

Ulster County Legislator Gary Bischoff, who chairs the Efficiency, Reform and Intergovernmental Relations Committee, asserts:

Our democracy depends on citizens to express their will and choices in a repeatable, fair and reliable election.


Pokey Anderson of Houston’s radio news show, The Monitor, writes to the Court:
While there has always been manipulation in elections, the difference between stealing in a hand-counted paper ballot election and an electronic election is the difference between successfully robbing a convenience store and successfully robbing Fort Knox.

She goes on to quote others, starting with former National Security Agency code-breaker, Michael Wertheimer:
If you believe, as I do, that voting is one of our critical infrastructures,
then you have to defend it like you do your power grid, your water supply.

She also quotes computer security professional Dr. David Dill:

Think about it rationally. What are the assets being protected? If we're talking presidential elections or control of Congress, there aren't a lot of assets in this world in monetary terms that are worth more than that. You're talking about the whole US economy.


And another computer security professional, Bruce O’Dell:
The technology to invisibly compromise voting systems is mature and the rewards are essentially limitless. It’s professionally irresponsible to not presume vulnerable extreme-high-value systems are already actively being exploited.

Peacemakers of NY Schoharie County supports the proposition that
Federal election ballots could be hand counted in 2008 (and Peacemakers) commits to participating in the hand counting of ballots. Wayne Stinson promises:

“We will actively promote other citizens’ engagement in the process.”


Parallel Elections use a hand-counted paper ballot system, and are run outside of an official polling site. PE organizer and national speaker, Judy Alter, then analyzes the difference between official results and voter reports of how they voted. She writes:
We will continue to hold parallel elections and train others to do the same so that we can demonstrate the assault (machines have) on our democracy.

Karen Charman of the Ulster County Shandaken Democrat Club recognizes the precarious position in which computerized voting systems puts us:
If the people lose control over the election process, they lose the right
to govern themselves.

The inalienable right of self-governance rests squarely on the
integrity of our elections. We believe that only an observable transparent count of the votes can protect our elections and our sovereignty.

Our organization will volunteer to assist our county in finding as many
volunteers as we need to help hand count the elections should the Court order same.


Susan Zimet writes in her amicus Declaration:

As a County Legislator, I will not allow my constituents to be
disenfranchised on unreliable and theft enabling machines. I am prepared to take whatever legal action is necessary for the voters of Ulster County to know that their vote was counted accurately.

We have been looking for the most secure means to provide our
constituents with … a transparent, accountable, fair and reliable electoral system. Hand counting of the Federal Elections is HAVA
compliant.

I will personally assist in organizing citizens in my county to be
trained and available to hand count elections in my county should the Court order same. I know of many Ulster County residents that would gladly make themselves available to assure that we could successfully accomplish this endeavor.


ARISE.org spokesperson Dennis Karius declares:
Where there’s a will there’s a way and the people are willing to help our officials effect our will through the most secure, reliable, transparent electoral system that exists: hand-counted elections.

ARISE is made up of thousands of active citizens thru congregations and community groups in the tri-county area of Albany, Rensselaer, and Schenectady in the CapitalDistrict. As part of this amici team, it stands for voters.

So did Abraham Lincoln:
Elections belong to the people. It is their decision.

Abe is quoted by Mary Ann Gould (Voice of the Voters Radio) in her Declaration.

Hand Count in 4 Hours

Everyone involved in this team of amici assures New York that if the Court rules for hand-counting the two federal elections in NY’s November 2008 election, they will bring enough people to get the job done in less than four hours.

Dave Berman and I crunched the numbers that allowed us to conclude:

In most of the counties studied only one team of four will be needed per (Election District of 1,150 registered voters) to complete hand-counting in four hours or less.


Oral Hearing Next Thursday

Jonathan Simon will appear for oral arguments being heard on Thursday, December 20th at 9 AM, at the US District Court, 445 Broadway, Albany, NY 12207. He explains:
“It is a lot less likely that I will be called upon to give an oral presentation per se; more likely that, if the court sees merit in or takes an interest in our brief, I may be asked questions about areas we have covered.”

He’s confident in the merits of the HCPB position, “which I hope will prick the interest of the court.

"I think the sheer number of groups and individuals who have signed on will help in that regard… But a lot of it will be determined by the interests of the court and the parties.”


The brief (p.14) points out the most important interest - that the public be able to “see” the vote count:
Electronic voting machines have caused citizens to lose their ability to
observe and oversee the voting process. For this reason the use of computers destroys the basis for legitimacy of elections and the elected government.

The loss of these integral aspects of the right to vote is in direct
violation of the repeated pronouncements of the highest court in New York that the constitutional right to vote includes the right to "see" that one's vote was "given full force and effect."

Deister v Wintermute, supra at 108

Given the millions of voters whose interests are represented by the HCPB amicus team, a democratic election run by the people will again have its day in court.