GALAXY NGC 6945

FROM:  NASA 

NGC 6946: The 'Fireworks Galaxy'

NGC 6946 is a medium-sized, face-on spiral galaxy about 22 million light years away from Earth. In the past century, eight supernovas have been observed to explode in the arms of this galaxy. Chandra observations (purple) have, in fact, revealed three of the oldest supernovas ever detected in X-rays, giving more credence to its nickname of the "Fireworks Galaxy." This composite image also includes optical data from the Gemini Observatory in red, yellow, and cyan. Image credit: X-ray: NASA/CXC/MSSL/R.Soria et al, Optical: AURA/Gemini OBs

EDUCATION DEPARTMENT REACHES AGREEMENT WITH CALIFORNIA SCHOOL DISTRICT OVER SEXUAL ASSAULTS AND HARASSMENT

FROM:  U.S. EDUCATION DEPARTMENT    
U.S. Department of Education Reaches Agreement with West Contra Costa Unified School District in California to Address & Prevent Sexual Assault, Harassment of Students
NOVEMBER 6, 2013

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with the West Contra Costa Unified School District (district), in Richmond, Calif., to ensure compliance with Title IX of the Education Amendments of 1972 (Title IX). OCR proactively initiated the investigation to examine whether the district responded promptly and effectively to instances of sexual harassment and sexual violence.

OCR’s investigation revealed that sexually harassing, student-on-student behavior permeated the educational environment at school sites and that the district has not undertaken school-wide or district-wide initiatives sufficient to address it.

Evidence included verbal and physical conduct by students, including sexual assaults, unwelcome touching, demands for sexual favors, and the use of sexually derogatory language created a hostile environment at district schools. OCR also found that students had been subjected to sexual harassment by employees. In addition, the district was not in compliance with the procedural requirements of Title IX, which include adoption and publication of grievance procedures providing for prompt and equitable resolution of complaints of sex discrimination and designation of at least one employee to coordinate compliance with Title IX.

“I am dismayed by the prevalence of sexual harassment and assault occurring at elementary and secondary schools in West Contra Costa,” said Catherine E. Lhamon, assistant secretary for civil rights. “Although the district frequently reported known incidents of sexual assaults to law enforcement for prosecution, the district did not fully comply with its legal obligations under Title IX to take immediate actions to eliminate the harassment, prevent its recurrence, and address its effects, and to put proper procedures and protocols in place.  OCR stands ready to work with the district to help it realize its commitments to preventing sexual harassment and sexual violence in its schools through satisfaction of this agreement.”

The agreement, in part, commits the district to take the following actions:

Designate a Title IX coordinator and ensure that grievance procedures comply with Title IX requirements;

Hire a consultant with expertise in the area of sexual harassment prevention and training;

Revise its policies, procedures, and practices for preventing, promptly investigating, and remediating sexual harassment and sexual violence;
Develop guidance to help ensure the effectiveness of remedial actions and conduct annual assessments of the climate at district schools to evaluate the effectiveness of the actions being taken, the students’ attitudes, knowledge and experiences around sexual harassment, and to inform future proactive steps to ensure a safe environment for students;

Take interim measures to ensure the safety of victims, reporting students and the school community; and address any ongoing harassment and prevent retaliation;
Create a task force composed of parents, students, community members and representatives of community-based organizations to identify strategies to improve the school climate, and prevent sexual harassment and sexual violence;

Develop a comprehensive plan for educating students, parents and employees to ensure that they are aware of Title IX’s prohibition against sex discrimination, including the right to be protected from sexual harassment; how to recognize it when it occurs and how to report incidents. The plan will take into account the results of the climate assessments and recommendations of the task force;

Provide annual training to all district staff and school resource officers and age-appropriate instruction to students;

Increase supervision of students at school sites and at all school-sponsored after-school activities, whether held on campus or off campus;

Implement systems for tracking reports that may constitute sexual harassment, even when no formal complaints are filed, to ensure that incidents are promptly and impartially investigated and resolved; and assess the effectiveness of its efforts to prevent and address sexual harassment and sexual violence.

OCR will closely monitor the district’s implementation of the terms of the resolution agreement.

A copy of the resolution letter can be found here: http://www2.ed.gov/documents/press-releases/west-contra-costa-california-letter.doc

FORMER MENTAL-HEALTH THERAPIST SENTENCED TO 120 MONTHS IN PRISON FOR ROLE IN MEDICARE FRAUD

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, November 6, 2013
Former Mental-Health Clinic Therapist Sentenced for Role in $55 Million Medicare Fraud Scheme

A former therapist for Biscayne Milieu, a Miami-based mental-health clinic, was sentenced today to serve 120 months in prison for his participation in a $55 million Medicare fraud scheme.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida, Special Agent in Charge Michael B. Steinbach of the FBI’s Miami Field Office; and Special Agent in Charge Christopher B. Dennis of the U.S. Department of Health and Human Services’ Office of Inspector General (HHS-OIG) Miami office made the announcement.

Jose Rojo, 39, of Miami, was sentenced by U.S. District Judge Marcia G. Cooke in the Southern District of Florida.  Rojo was convicted on Aug. 7, 2013, of one count of conspiring to commit health care fraud following a one-month jury trial.  In addition to the prison term, Rojo was ordered to pay more than $11 million in restitution, jointly and severally with his co-defendants, and to serve three years of supervised release.

According to the evidence at trial, Rojo and his co-conspirators caused the submission of more than $55 million dollars in fraudulent claims to Medicare through Biscayne Milieu, which purportedly operated a partial hospitalization program (PHP) – a form of intensive treatment for severe mental illness.  Instead of providing PHP services, the defendants devised a scheme in which they paid patient recruiters to refer ineligible Medicare beneficiaries to Biscayne Milieu for services that were never provided.  Many of the patients admitted to Biscayne Milieu were not eligible for PHP because they were chronic substance abusers, suffered from severe dementia and would not benefit from group therapy, or had no mental health diagnosis but were seeking exemptions for their U.S. citizenship applications.

The evidence at trial further showed that, as a therapist at Biscayne Milieu, Rojo conducted sham therapy sessions for patients he knew were ineligible for PHP treatment.  Often Rojo showed up late for these sessions or not at all, but Medicare was still billed as if a full session took place.  Rojo created fraudulent documents to help cover-up Biscayne Milieu’s massive fraud, including bogus treatment plans and phony group therapy notes that were copied from one document to the other.  Deliberately inaccurate group therapy notes for different patients on different days – often years apart – were in many respects identical, including having the same descriptions of patients’ statements in group sessions and even the same misspelled words.  Further, Rojo provided other therapists at the clinic with fake group therapy notes for a fee.  Biscayne Milieu billed Medicare for tens of millions of dollars in PHP treatments for these patients.

Various owners, doctors, managers, therapists, patient brokers and other employees of Biscayne Milieu have also been charged with health care fraud, kickback violations, money laundering and other offenses in two indictments unsealed in September 2011 and May 2012.  Biscayne Milieu, its owners, and more than 25 of the individual defendants charged in these cases have pleaded guilty or have been convicted at trial.  Antonio and Jorge Macli and Sandra Huarte – the owners and operators of Biscayne Milieu – were each convicted at trial and were sentenced in April 2013 to 30 years, 25 years and 22 years in prison, respectively.

This case was investigated by the FBI with the assistance of HHS-OIG and was brought by the the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. The case is being prosecuted by Assistant U.S. Attorneys Marlene Rodriguez and James V. Hayes of the Southern District of Florida; Hayes was formerly a trial attorney of the Fraud Section.

Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged more than 1,500 defendants who have collectively billed the Medicare program for more than $5 billion.  In addition, HHS’s Centers for Medicare and Medicaid Services, working in conjunction with HHS-OIG, is taking steps to increase accountability and decrease the presence of fraudulent providers.

HYBRID ECLIPSE OVER AFRICA

http://earthobservatory.nasa.gov/IOTD/view.php?id=82314&src=eoa-iotd

SECRETARY OF STATE KERRY'S REMARKS IN GENEVA, SWITZERLAND ON IRAN'S NUCLEAR PROGRAM

FROM:   U.S. STATE DEPARTMENT 
Press Availability
Remarks
John Kerry
Secretary of State
Geneva, Switzerland
November 10, 2013

SECRETARY KERRY: Thank you for hanging in here with all of us in what has obviously been a long and interesting process, but a very productive one if I can say so. I want to thank my colleagues from the United Kingdom, Turkey, France, Russia and China. And I particularly want to thank Lady Catherine Ashton for her leadership and for the European Union’s convening all of us here in order to perform this very important business of trying to deal with the question of a country’s potential move towards nuclear weapons. And obviously, the commitment by the President, by all of the member states of the P5+1 and others in the world makes certain that that doesn’t happen, that Iran does not get a nuclear weapon.

I want to say that the negotiations were conducted with mutual respect. They were very serious. But they were conducted in a very civil and appropriate way for a subject matter as serious as this one. And we came to Geneva determined. As President Obama has said, his goal is, since day one as President, to make certain that Iran does not acquire a nuclear weapon. That remains our goal because we remain committed to preventing the proliferation of weapons of mass destruction and we remain committed to protecting our allies, particularly our allies in that region where security is so critical. We also are committed to protecting our interests in the world from the consequences of the spread of these weapons.

We came to Geneva to narrow the differences. And I can tell you without any exaggeration we not only narrowed differences and clarified those that remain, but we made significant progress in working through the approaches to this question of how one brings in a program that guarantees this peaceful nature. There’s no question in my mind that we are closer now, as we leave Geneva, than we were when we came, and that with good work and good faith over the course of the next weeks, we can in fact secure our goal.

And over the last two days, a significant amount of progress was made. I am impressed and grateful for the way in which the P5[1] countries joined together and worked effectively together, the teams worked effectively together. And I think that tonight there was a unity in our position and a unity in the purpose as we leave here. We are committed to have our political directors – and I think Lady Catherine Ashton probably shared this with you – meet in the next days, and we are also committed to returning as necessary somewhere over the next weeks, hopefully, with the goal of either building on what was done today or completing the task.

Let me just say that for those who are wondering about this kind of process, it takes time to build confidence between countries that have really been at odds with each other for a long time now – in the case of Iran, since 1979. And so we are working hard to try to overcome mistrust, to try to build confidence, to try to find the ways that both the P5+1 and the united – and Iran have the ability to be able to achieve this goal of ascertaining for certain, without a doubt, that a program is a peaceful nuclear program.

Diplomacy takes time, and all the parties here need time to fully consider the issues – very complicated, technical, difficult issues that we discussed here in the last days. And I particularly am anxious to return to brief the President and to share with Congress and others what we’ve learned and what we are thinking as we look forward. We also understand there are very strong feelings about the consequences of the choices we face for our allies, and we respect that. Some of them are absolutely directly, immediately involved and we have enormous respect, needless to say, for those concerns.

I want to caution everyone from jumping to conclusions or believing premature reports or prejudging outcomes or, particularly, believing either rumors or other little parcels of information that somebody portends to know or that leak out. The fact is that the negotiations are actually taking place enormously privately, and that is a sign of the seriousness of what is taking place. We have been working on this for a long time. The P5+1 has been at this for something like four years or more. I know that I’ve been watching and engaged in this effort as a Senator and now as Secretary of State for some period of time, and so I am aware of the complicated nature of this particular challenge.

But we came to Geneva with the clear purpose of trying to advance the goal of preventing Iran from securing a nuclear weapon, and I believe we leave this round of talks not only committed, recommitted to that goal, but clearly further down the road in understanding what the remaining challenges are and clarifying the ways that we can actually do certain things together to reach that goal.

I would emphasize also that the window for diplomacy does not stay open indefinitely, and we will continue working to find a peaceful solution because we believe that forceful diplomacy is a powerful enough weapon to be able to actually defuse the world’s most threatening weapons of mass destruction. And that’s why we’ll continue to do this.

So with that, I’m happy to answer a couple of questions here, see where we are.

MS. PSAKI: The first question is going to be from Kim Ghattas of BBC.

QUESTION: Good evening, Mr. Secretary.

SECRETARY KERRY: Good evening – good morning.

QUESTION: Good morning.

SECRETARY KERRY: It’s all right.

QUESTION: I can only imagine how tired you are.

SECRETARY KERRY: (Inaudible.)

QUESTION: Mr. Secretary, two questions. How much coordination takes place between the members of the P5+1 ahead of a meeting like this? Were you blindsided by the French and their objections to the agreement? And a second question is, you don’t have a deal yet; you’re hoping to get one in the coming weeks with further negotiations. But that does give detractors of a deal with Iran time to derail your work. I’m thinking of Israel. I’m thinking of Saudi Arabia, but also of Congress in the U.S. Are you worried that Congress is going to push once again for further sanctions against Iran?

SECRETARY KERRY: Well, let me answer the second part of your question first, and just tell you point blank that this is an issue of such consequence that it really needs to rise or fall on the merits, not on politics. People need to stop and think about what happens each day now that you don’t have an agreement. Each day that you don’t have an agreement, Iran will continue to enrich, and Iran will continue to put centrifuges in, and Iran will continue its program. What we were looking to do here – and will do, I believe – is freeze that program in place so that it is not in a position to continue while the real negotiation goes on to figure out what the future final agreement would look like. And that takes time.

Now, it seems to me that the members of Congress and others in the world understand that you need to give diplomacy the chance to exhaust all the remedies available to it if you are ultimately going to exercise your ultimate option, which is the potential use of force. The world wants to know that it was a last resort, not a first resort. So I believe it is essential for Congress, essential for all of our countries – and I think we all share this – the P5+1 is absolutely united in the notion that we must pursue diplomacy as a means of trying to prevent Iran from acquiring a weapon. We know the clock is ticking. That is part of what makes this urgent. But I am convinced that over these next days, the reasonableness of what we were doing and the reality of what we achieve will be taken into account by those who need to know what that is, and that will be shared as appropriate as we get back.

With respect to the negotiation itself, we work very closely with the French. We agreed with the French that there were certain issues that we needed to work through. We came here with bracketed language. That’s the nature of a negotiation. And we knew that we were going to have to negotiate going forward, and we did. And I think we were unified in feeling we needed certain language here that clarified certain things. I certainly came in here intending to do that, and that’s what the President wanted me to do.

The President has repeatedly said we will not rush to an agreement. The President has made clear that no deal is better than a bad deal. And I think it’s good we’re going to take the time we’re taking to make certain that we are dotting the i’s and crossing the t’s and doing what is necessary to have an agreement – that we are assured we can look our allies and our friends in the face and say, “This gets the job done.” That’s the purpose of it.

So we thank the – we’re grateful to the French for the work that we did together, and we worked also – every member there made contributions in one way or another. That’s the nature of the P5[2]. These are sovereign nations. No one country is going to come rolling in here, one point of view or another. We have to work it together, and that is the nature of the process.

And this is something that I think over the next weeks, as the political directors work together, they’ll build on what was achieved here in the last hours, and I feel very confident that this can be done. Not going to tell you it will be, but I can tell you it absolutely can be with good effort over these next days ahead.

MODERATOR: The next question will be from Michael Gordon of The New York Times.

QUESTION: Mr. Secretary, the other day when you were in Israel, you said that the U.S. was asking Iran to agree, as you put it, to a complete freeze over where they are today. How important is it to impose constraints on the plutonium side of the Iranian program as part of a first-step agreement, say, precluding Iran from operating or putting fuel in the heavy water reactor that is being built in Iraq? Is that an important step to take as part of the complete freeze that you were talking about? And lastly, the next meeting, as you just pointed out, sir, is at the political director level, not at the foreign minister level. Doesn’t that suggest that there are significant differences that need to be narrowed before it makes sense to bring the foreign ministers back into the picture here in Geneva?

SECRETARY KERRY: No, it really is a reflection of wanting to get language issues that came up absolutely resolved, so the ministers, when they come, have a sense that everybody is in agreement with respect to the particular language. And the schedules of the ministers – it is not possible for all the ministers. And I think everybody felt they wanted to go back to their capitals, work through a few of these issues that are technical, complicated, and see if we can find the ways to deal with that with the political directors and the appropriate people to work that language at that level. That’s what got us here. And we’ve made a lot of progress. Now we go to the next step and hopefully, when the ministers come back – two weeks or so, something like that – we’ll be in the position to move forward.

But with respect to the plutonium, absolutely. It’s a very central issue and it’s one we spent a significant amount of time on, and one we are absolutely adamant must be addressed in the context of any kind of agreement – among others, and there are a number of others.

MS. PSAKI: Thanks, everyone.

SECRETARY KERRY: Is that it?

MS. PSAKI: We have to finish, unfortunately.

SECRETARY KERRY: I apologize. Thanks.

ARMY SPECIAL FORCES TRAIN ON EGLIN RANGE IN FLORIDA

FROM:  U.S. DEFENSE DEPARTMENT 

As seen through a night-vision device, an Army Special Forces member drives an all-terrain vehicle by a simulated roadside bomb during a training exercise on Eglin Range, Fla., Nov. 5, 2013. U.S. Air Force photo by Senior Airman Christopher Callawa.

As seen through a night-vision device, Army Special Forces members begin infiltrating a simulated village during a training exercise on Eglin Range, Fla., Nov. 5, 2013. U.S. Air Force photo by Senior Airman Christopher Callawa

GOVERNMENT ISSUES MENTAL HEALTH AND SUBSTANCE ABUSE DISORDER PARITY RULE

FROM:  U.S. LABOR DEPARTMENT

Administration issues final mental health and substance use disorder parity rule
Final rules break down financial barriers and provide consumer protections

WASHINGTON — The Departments of Labor, Health and Human Services and the Treasury today jointly issued a final rule increasing parity between mental health/substance use disorder benefits and medical/surgical benefits in group and individual health plans.

The final rule issued today implements the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act, and ensures that health plan features like copays, deductibles and visits limits are generally not more restrictive for mental health/substance abuse disorders benefits than they are for medical/surgical benefits.

Today's action also includes specific additional consumer protections, such as:
Ensuring that parity applies to intermediate levels of care received in residential treatment or intensive outpatient settings; Clarifying the scope of the transparency required by health plans, including the disclosure rights of plan participants, to ensure compliance with the law; Clarifying that parity applies to all plan standards, including geographic limits, facility-type limits and network adequacy; and Eliminating an exception to the existing parity rule that was determined to be confusing, unnecessary and open to abuse.

By issuing this rule, the administration has now completed or made significant progress on all 23 executive actions included in the President and Vice President's plan to reduce gun violence. An updated report summarizing the status of all 23 executive actions is available here:http://www.whitehouse.gov/sites/default/files/docs/november_exec_actions_progress_report_final.pdf.

In January, as part of the President and Vice President's plan to reduce gun violence, the administration committed to finalize this rule as part of a larger effort to increase access to affordable mental health services and reduce the misinformation associated with mental illness. As the President and Vice President have made clear, mental illness should no longer be treated by our society — or covered by insurance companies — differently from other illnesses.
The Affordable Care Act builds on the Mental Health Parity and Addiction Equity Act and requires coverage of mental health and substance use disorder services as one of ten essential health benefits categories. Under the essential health benefits rule, individual and small group health plans are required to comply with these parity regulations.

"New efforts are underway to expand coverage to the millions of Americans who have lacked access to affordable treatment for mental and substance use disorders," said Labor Secretary Thomas E. Perez. "These rules will increase access to mental health and substance abuse treatment, prohibit discriminatory practices and increase health plan transparency. Ultimately, they'll provide greater opportunities for affordable, accessible, effective treatment to Americans who need it."

"This final rule breaks down barriers that stand in the way of treatment and recovery services for millions of Americans," said Health and Human Services Secretary Kathleen Sebelius. "Building on these rules, the Affordable Care Act is expanding mental health and substance use disorder benefits and parity protections to 62 million Americans. This historic expansion will help make treatment more affordable and accessible."

"Americans deserve access to coverage for mental health and substance use disorders that is on par with medical and surgical care," said Treasury Secretary Jacob J. Lew. "These rules mark an important step in ending the disparities that exist in insurance plans, and will provide families nationwide with critical coverage and protections that fulfill their health needs."

The final Mental Health Parity and Addiction Equity Act rule was developed based on the departments' review of more than 5,400 public comments on the interim final rules issued in 2010.

The final rules may be viewed at https://www.federalregister.gov.

LABOR SECRETARY PEREZ MAKES STATEMENT REGARDING OCTOBER EMPLOYMENT

FROM:  U.S. LABOR DEPARTMENT 
Statement of Labor Secretary Perez on October employment numbers

WASHINGTON — U.S. Secretary of Labor Thomas E. Perez issued the following statement about the October 2013 Employment Situation report released today:
"The American economy is resilient. Today's jobs report demonstrates continued steady growth, with the addition of 212,000 total private sector jobs in October. The unemployment rate, which fell in September to a nearly-five year low of 7.2 percent, remains essentially unchanged at 7.3 percent, while American manufacturers added 19,000 jobs in the month of October.

"But while American businesses continue to add jobs — 7.8 million over the last 44 months of private sector job growth — they do so in spite of Congress, not because of it. October's job growth was undoubtedly restrained by the brinksmanship and uncertainty created by the federal government shutdown and the near-default on the nation's debt.

"The American economy is resilient, but it is not immune to manufactured crises. We see signs that suggest the shutdown had a discouraging effect on America's continued recovery. We remain concerned about the drop in the labor force participation rate, and American workers on temporary layoffs rose by nearly 448,000, the largest monthly increase in the history of that series of data.
"The American people deserve leadership that focuses on growing the economy, not holding it hostage. Let's keep our eye on the ball by passing immigration reform, which has bipartisan support and would inject a trillion dollars into the economy, and investing in infrastructure upgrades that would create thousands of middle class jobs right now. Instead of erecting political roadblocks, let's work together to pave bipartisan roads to full recovery.

"Today's employment numbers are a reminder that while the economy continues to grow and create new jobs, it remains on uncertain footing. Too many Americans still find the rungs on the ladder of opportunity beyond their reach. We need to move forward with common-sense proposals that will create jobs, strengthen the middle class, reduce our deficit and expand opportunity for American families. The President and I stand ready to work with Congress to do just that."