Week of February 27, 2023
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FILE – Scott Adams, creator of the comic strip Dilbert, talks about his work at his studio in Dublin, Calif., on Oct. 26, 2006. Adams experienced possibly the biggest repercussion of his recent comments about race when distributor Andrews McMeel Universal announced Sunday, Feb. 26 it would no longer work with the cartoonist. In an episode of his YouTube show last week, Adams described people who are Black as members of “a hate group” from which white people should “get away.” Various media publishers across the U.S. denounced the comments while saying they would no longer provide a platform for his work. (AP Photo/Marcio Jose Sanchez, File)
The Dilbert comic strip distributor Andrews McMeel Universal has announced it will no longer work with the strip’s creator, Scott Adams. Andrews McMeel Chairman Hugh Andrews and CEO and President Andy Sareyan say in a joint statement issued Sunday that the syndication company is severing its relationship with Adams because his recent comments on race were not compatible with the company’s core values. In the Feb. 22 episode of his YouTube show, Adams described people who are Black as members of “a hate group” from which white people should “get away.” Various media publishers across the U.S. denounced the comments as racist, hateful and discriminatory while saying they would no longer provide a platform for his work.
PITTSBURGH – Acting United States Attorney Troy Rivetti announced today that the United States has finalized a Settlement Agreement with James L. Luketich, M.D., University of Pittsburgh Medical Center (“UPMC”), and University of Pittsburgh Physicians (“UPP”), to resolve the lawsuit the United States filed against those Defendants in September 2021.
As part of that Settlement Agreement, Dr. Luketich, UPMC, and UPP agreed to pay $8.5 million to the United States to resolve the claims against them. The Defendants also agreed to create and effectuate a Corrective Action Plan for Dr. Luketich, and to submit to a year-long, third-party audit of Dr. Luketich’s physician fee services billings to Medicare. Pursuant to the Settlement Agreement, UPMC, in turn, has the ability to request information, guidance, assurance and/or an advisory opinion from the Centers for Medicare and Medicaid Services of the Department of Health and Human Services regarding certain Medicare regulations pertaining to the types of surgeries at issue in the case.
The United States’ lawsuit was filed under the False Claims Act, 31 U.S.C. 3729, et seq., and was based on a two-year investigation into allegations originally brought by Jonathan D’Cunha, M.D., a former UPMC surgeon. In its Complaint, the United States alleged that Dr. Luketich – the longtime chair of UPMC’s Department of Cardiothoracic Surgery – regularly performed as many as three, complex surgical procedures at the same time, failed to participate in all of the “key and critical” portions of his surgeries, and forced his patients to endure hours of medically unnecessary anesthesia time, as he moved between operating rooms and attended to other patients or matters.
According to the United States’ Complaint, those practices amounted to violations of the statutes and regulations which prohibit “teaching physicians” (like Dr. Luketich) from billing the United States for “concurrent surgeries,” were well known to UPMC leadership, and increased the risk of surgical complications to patients.
In June 2022, the Court denied the Defendants’ attempt to dismiss the Government’s Complaint. The Settlement Agreement provides that it is neither an admission of liability by the Defendants nor a concession by the United States that its claims are not well founded. Instead, in order to avoid delay and the expense of protracted litigation, and in consideration of the promises and obligations of the Settlement Agreement, the parties agreed to resolve the case.
“This is an important settlement and a just conclusion to the United States’ investigation into Dr. Luketich’s surgical and billing practices, and UPMC and UPP’s acceptance of those practices,” said Acting U.S. Attorney Rivetti. “This Office is committed to safeguarding the Medicare and Medicaid programs, and to protecting those programs’ beneficiaries. No medical provider – however renowned – is excepted from scrutiny or above the law.”
“The Complaint alleged that Dr. Luketich used his position as a trusted doctor to defraud the health care system,” said FBI Pittsburgh Special Agent in Charge Mike Nordwall. “Health are fraud costs our country billions of dollars each year. This money is not just absorbed. It is passed down to the consumer. The Settlement Agreement provides that UPMC will implement a Corrective Action Plan for Dr. Luketich, and he will now have to undergo close scrutiny of his work.”
“Ensuring physicians and other health care entities provide honest and accurate information to their patients and government health care programs, is of the upmost importance,” said Special Agent in Charge Maureen R. Dixon of the HHS-OIG Philadelphia Regional Office. “HHS-OIG will continue to work closely with our law enforcement partners to thoroughly investigate health care fraud allegations to protect the safety of patients and the integrity of taxpayer-supported health care
programs.” The False Claims Act is one of the most powerful tools in the United States’ continued efforts to combat health care fraud. The Act’s whistleblower (or “qui tam”) provisions authorize private parties to sue on behalf of the United States for false claims and share in any recovery, and permit the United States to intervene and take over the lawsuit, either in its entirety, or in part (as it did here). Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800 HHS TIPS (800-447-8477).
Assistant United States Attorneys Lee Karl and Adam Fischer litigated this case on behalf of the United States. Prior to the filing of the Government’s Complaint, this matter was investigated by U.S. Attorney’s Office for the Western District of Pennsylvania, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation, in conjunction with the Internal Revenue Service – Criminal Investigation, the Department of Defense Office of Inspector General, the Drug Enforcement Administration, Department of
Veterans Affairs Office of Inspector General, and the Pennsylvania’s Office of the Attorney General.
The case is captioned United States of America ex rel. Jonathan D’Cunha, M.D. v. James Luketich. et al., No. 19-cv-495 (W.D. Pa.).
The Girls Scouts will be out selling cookies in the county starting this upcoming weekend. The following list contains locations and starting dates to get your cookie fix!
Foodland, New Brighton, PA 15066
Saturday, Mar. 4th
Sunday, Mar. 5th
Giant Eagle
Rochester and Chippewa, PA 15074
Saturday, Mar. 4th
Rochester Area School
Rochester, PA 15074
Sunday, Mar. 5th
Hostess Gift Shoppe
Beaver, PA 15009
Saturday, Mar. 4th
Sts Peter & Paul Church
Beaver, PA 15009
Sunday, Mar. 12th
Neely Dental
Monday, Mar. 13th
4.1 Miles
Beaver Valley Mall – Boscovs, and JC Penney
Monaca, PA 15061
Friday, Mar. 3rd
Lowes-Monaca
Monaca, PA 15061
Saturday, Mar. 4th
Rural King
Monaca, PA 15061
Saturday, Mar. 4th
Photo of the planets Saturday night from Beaver County (Frank Sparks – Beaver County Radio General Manager
Story by Curtis Walsh – Beaver County Radio News Director. Published February 27, 2023 10:55 A.M.
You may have noticed some bright stars aligning with the moon in the night sky recently. Well, those stars are actually planets! The National Weather Service says “Those “stars” are actually the planets Jupiter and Venus, and they will gradually appear closer through mid next week. We should have enough clearing here and there where you can see this, if you are able.”
The image above shows a garage door covered in plastic and boarded up at the scene Friday. It was unclear if this door was involved in the accident. (Curtis Walsh – Beaver County Radio News Director)
Story by Sandy Giordano – Beaver County Radio. Published February 27, 2023 10:45 A.M.
(Chippewa Township, PA) The coroner was called to the Bowser Hyundai dealership in Chippewa Township Friday morning. Bernard Hruska, 66, Munhall, PA was pronounced dead due to traumatic asphyxiation. The death was ruled accidental. The man was not an employee, and an attempt is being made to locate his next of kin.
HARRISBURG, PA – Last week, the Shapiro Administration announced that the Pennsylvania Department of Environmental Protection (DEP) will be conducting independent water sampling to closely monitor water contamination risks related to the East Palestine train derailment. On Tuesday, February 21, DEP began proactive outreach to residents and testing of wells within the two-mile radius and in only four days, DEP has successfully collected samples from nearly every private drinking water well within one mile of the Norfolk Southern derailment site.
As of the end of this week, DEP has completed collecting samples from 13 of the 16 known residential wells within a mile radius of the derailment site and is working to schedule testing of wells between one mile and two miles next week. Results from the first round of testing are expected next week.
“The Department of Environmental Protection has been on the scene since the first hours after the Norfolk Southern train derailment, and we will stay in communities like Darlington Township as long as it takes to assure Pennsylvanians their air, water, and environment are safe,” said Acting DEP Secretary Rich Negrin, who visited communities in Beaver County twice this week. “DEP staff is on the ground right now, professionally and efficiently taking independent samples of drinking water near the derailment site so that Pennsylvanians can have the information they need to keep themselves and their families safe.”
DEP is proactively contacting residents within a two-mile radius of the train derailment site to initiate water testing. Concerned residents who are beyond the two-mile radius are encouraged to reach out to DEP to request testing by calling 412-442-4000.
DEP is using its own laboratories to test for volatile organic compounds that were on some of the train cars, including vinyl chloride, ethylene glycol, butyl acrylates, ethylhexyl acrylate, benzene, and ethanol.
FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains, Feb. 6, 2023. West Virginia’s water utility says it’s taking precautionary steps following the derailment of a train hauling chemicals that later sent up a toxic plume in Ohio. The utility said in a statement on Sunday, Feb. 16, 2023 that it has enhanced its treatment processes even though there hasn’t been a change in raw water at its Ohio River intake. (AP Photo/Gene J. Puskar, file)
Story by Sandy Giordano – Beaver County Radio. Published February 27, 2023 10:38 A.M.
(East Palestine, Ohio) East Palestine, Ohio is just across the border of Pennsylvania, and the one entry point located off Route 51, Taggart Road in Chippewa Township is closed to trucks as of Friday afternoon, according to a police official. The February 3, 2023 Norfolk and Southern train derailment and the explosion that followed brought great concerns to the public. Evacuation was ordered and some hesitated, but eventually the evacuation order was abided by all residences.
In an exciting game featuring many lead changes, Freedom pulled through 47-44.
Players of the Game
Aliquippa: Aunesty Johnson
Freedom: Julia Mohrbacher
(Matt Drzik/Beaver County Radio)
“It is our land to grow our food, it is our health, and it is us in ‘we the people’.”
Following three weeks of recovery, questions, political appearances and obtaining the attention of the world at large, many of the citizens of East Palestine in Ohio and several surrounding communities (including in Beaver County) remain left in varying states of confusion. They are wondering what effects the train derailment will have on them from a health standing, and they also wonder what the needle of justice will sew for the small Columbiana County town…if anything.
During this time, a group of lawyers and advocates have teamed to form “East Palestine Justice“, who hosted an instructional seminar at East Palestine High School on the evening of February 24. The seminar was emceed by two of the group’s leaders: Texas-based lawyer Mikal Watts and national environmental advocate Erin Brockovich.
Brockovich’s appearance drew a large crowd to East Palestine, and her dialogue kicked off the evening with an impassioned plea for the citizens to “stay vigilant” in the battle against those responsible for the derailment and subsequent release of vinyl chloride chemicals. “We hope to share information with you that you might want to know,” Brockovich proclaimed. “I’ve learned in communities over and over again…they can handle the truth whether it scares them or they don’t want to hear it, but what they can’t handle is a mistruth being misled, and a lie.”
Despite technical difficulties that featured multiple changes in lighting and audio throughout her speech, Brockovich nary strayed from the flow of her pleas to the citizens of East Palestine: “You have to band together. Don’t expect someone to give you the answers. Unfortunately, this is not going to be a quick fix…this is going to be a long game.”
The majority of the evening, however, was emceed by Watts. He presented the information collected by East Palestine Justice to showcase how Norfolk Southern was responsible for what happened and what may happen as a result of the chemical release performed soon after the initial derailment. “If you are going to ship these kinds of chemicals through populated areas or small towns like this, you damn sure have an obligation to make sure that you don’t jump the tracks,” Watts stated.
The chemicals identified include the now-synonymous vinyl chloride, along with isobutylene, ethylhexyl acrylate, and benzene; all of which are physically harmful if consumed by humans.
Local politicians such as Pennsylvania Governor Josh Shapiro and Ohio Governor Mike DeWine were applauded for their efforts during the recovery period by Watts; conversely, he warned of the citizens to avoid “red herrings” and “non-issues” being presented by the politically motivated finger-pointing happening between opposing parties and certain members of them.
“Don’t get into the political blame game of who should’ve regulated who,” Watts added. “The law says it is this train company’s responsibility. End of story, full stop.”
Watts also echoed Brockovich’s pleas for vigilance and immediate effort by the citizens of East Palestine, specifically pleading for diagnostic testing to see if any chemicals have already entered the body. Their website contains a list of diagnostic test sites for urine and blood tests within a 50-mile radius of East Palestine.
Due to the informational nature of the presentation, no questions were allowed to be answered legally in a public forum; the group, however, can answer questions through private contact. East Palestine Justice will be holding similar presentations in Pennsylvania in the near future (site and time to be determined) and in East Palestine again on March 2.
Pictures from the evening’s event can be seen below: