From gang member to team player

SAN FRANCISCO — Luis Aroche learned about violence at Leonard R. Flynn Elementary School, across from the projects where his friend Carl lived.

He remembers sitting down at his desk and seeing his teacher, Mrs. Foster, in tears. His class had just finished the Pledge of Allegiance.

"Carl was playing on the swings and got shot," Aroche said. "And died. Kindergarten. He got found laying in a pool of blood in the park," Aroche paused. Swallowed. Started up again. "He was my desk buddy. He would go with me to the bathroom. And now, Carl wasn't there.

"That was my first experience of loss. And I didn't understand it. To this day, I don't understand it."

Aroche since has become something of an expert on violence — as victim, perpetrator and now as part of a hoped-for solution. Last year, San Francisco Dist. Atty. George Gascon hired the former gang member to be his office's first "alternative sentencing planner," part of an effort to keep offenders from ending up back behind bars.

The position, criminal justice experts say, has no equivalent in any prosecutor's office in the country.

And Aroche is as singular as his job. An Aztec skull tattoo stretches down his right forearm to his hand, its grimace partly wiped away by laser removal. The day his juvenile record was sealed, he says, was the happiest of his life.

Today, he helps prosecutors figure out who among San Francisco's low-level offenders deserves a jail cell and who deserves a second chance.

He knows a lot about both.

::

If you were Aroche, 12 years old and living in the Mission District in 1990 — when gangs and crack cocaine meant funerals were as commonplace as quinceañeras — you got a tattoo, cut school and drank beer. You thought a stint in Pelican Bay State Prison was like going off to "Stanford or Yale." You practiced how to sit and talk and smoke like the toughest prisoners.

"We would learn how to iron our clothes using a comb, 'cause that's how you iron your pants in prison," Aroche said. "You iron it with the teeth of the comb … and then you put it underneath the mattress."

Aroche's first tattoo was a small cross on his left hand, in the soft web between thumb and forefinger. He got it in an alleyway not far from the studio apartment where he slept on the floor with his five brothers, three sisters, the occasional niece or nephew. His parents got the bed in the corner.

His Salvadoran mother was a chambermaid at a Fisherman's Wharf motel, his Puerto Rican father a security guard in the Navy shipyards.

And his older brothers? They would disappear for years. Aroche didn't know why until his father took him to visit San Quentin State Prison. They were "main men" in a notorious Northern California prison gang. When they were out, they were "the mayors of the Mission."

By the time Aroche was 15, he was drinking so much and incarcerated so often that he gave himself a test every night before he went to sleep. If he put out his hand and felt warm, smooth drywall, he knew he was home. If he felt cold, slick concrete, he was in custody.

One night he ended up in the hospital. He'd been drunk, hanging out in Lucky Alley, when a car drove up and the doors flew open. Aroche saw his friend get sliced with a machete. Gunshots rang out.

"And I remember some guy grabbing me and hitting me with a crowbar and stabbing me in my stomach," he said. "And I could feel the pierce of my stomach, just ripping me open.... And I thought, this is it. This is it. This is my life."

::

At the computer in his spartan office at the Hall of Justice, Aroche is poring over the official tale of another life in the balance: a 28-year-old woman on a downward spiral.

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Kuwaiti journalist jailed for Twitter ‘insults’

KUWAIT CITY (AP) — A Kuwait newspaper says an online journalist has been sentenced to two years in prison for posts deemed “insulting” to the Gulf nation’s ruler — the second such ruling this week.

The decision reflects a widening social media crackdown across the Gulf Arab states to quell perceived political dissent.

Kuwait’s pro-government Al Watan newspaper reported Monday that Ayyad al-Harbi, a journalist at news website Sabr, was charged with posting Twitter messages considered offensive to the nation’s Western-allied emir. No other details were given.

Kuwait, which hosts thousands of U.S. troops, has been gripped by months of political unrest led by anti-government groups, including Islamist factions.

On Sunday, Kuwaiti media said a social media activist also has received a two-year prison term for Twitter posts that allegedly insulted the emir.

Social Media News Headlines – Yahoo! News

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Lohan lawyer predicts NY club case will be dropped

NEW YORK (AP) — Lindsay Lohan's attorney predicts there will be no case against the actress in connection with an alleged fight at a Manhattan nightclub.

Attorney Mark Jay Heller spoke after signing paperwork at the courthouse Monday.

Office of Court Administration spokesman David Bookstaver confirmed that a criminal complaint has not been drawn up at this time. The district attorney's office said only that the investigation is continuing.

Lohan was arrested on a charge of misdemeanor assault in the Nov. 29 incident at the club Avenue.

The "Mean Girls" and "Liz and Dick" star allegedly struck a woman in the face during an argument.

At the time of her arrest, her attorney, Heller said Lohan was "a victim of someone trying to capture their 15 minutes of fame."

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Tehran Is Choked by Annual Buildup of Air Pollution

TEHRAN — Already battered by international threats against their nation’s nuclear program, sanctions and a broken economy, Iranians living here in the capital are now trying to cope with what has become an annual pollution peril: a yellowish haze that engulfs Tehran this time of year.

For nearly a week, officials here and in other large cities have been calling on residents to remain indoors or avoid downtown areas, saying that with air pollution at such high levels, venturing outside could be tantamount to “suicide,” state radio reported Saturday.

On Sunday, government offices, schools, universities and banks reopened after the government had ordered them to shut down for five days to help ease the chronic pollution. Tehran’s normally bustling streets were largely deserted.

Residents who dare to go outside cover their mouths and noses with scarves or surgical masks, but their eyes tear up and their throats sting from the mist of pollutants, which a report by the municipality of Tehran says is made up of a mixture of particles containing lead, sulfur dioxins and benzene.

“It feels as if even God has turned against us,” Azadeh, a 32-year-old artist, said on a recent day as she looked out a window in her apartment that often offers a clear view of Tehran, a sprawling city that is home to millions. But on this day, Azadeh, who did not want her full name used, saw only the blurred outlines of high-rise buildings and the Milad communications tower in the distance. The setting sun was reduced to a yellowish coin by the thick blanket of smog.

The haze of pollution occurs every year when cold air and windless days trap fumes belched out by millions of cars and hundreds of old factories between the peaks of the majestic Alborz mountain range, which embraces Tehran like a crescent moon.

Iran is prominently represented in the World Health Organization’s 2011 report on air quality and health, with three of its provincial towns among the organization’s list of the world’s 10 most-polluted cities. According to the report, Tehran has roughly four times as many polluting particles per cubic meter as Los Angeles. Many cities known for their poor air quality, like Mexico City, Shanghai and Bangkok, are cleaner than Tehran.

But since 2010, when American sanctions on Iranian imports of refined gasoline began to bite, the situation has grown worse, according to the report by the municipality of Tehran.

Faced with possible fuel shortages, Iran surprised outsiders by quickly making up for the loss of imports by producing its own brew of gasoline. While the emergency fuel kept vehicles running, local experts warned that it was creating much more pollution.

A recently released report by Tehran’s department of air quality control contained blank spaces where there should have been information about levels of benzene and lead — components of gasoline — in the capital’s air. But the report did state that while Tehran experienced more than 300 “healthy days” in 2009, in 2011 there were fewer than 150.

Iran’s Health Ministry has reported a rise in respiratory and heart diseases, as well as an increase in a variety of cancers that it says are related to pollution.

The state newspaper Resalat on Saturday called the pollution a continuing crisis, and it urged the authorities to act. “Why is it that when the winds pick up, this problem is again quickly forgotten?” an editorial asked. Another newspaper, Donya-e-Eqtesad, which is critical of the government, pressed for an improvement in gasoline standards.

The pollution caused by the use of the emergency fuel concoction has been a taboo subject here, as officials try to portray each measure to counter the economic sanctions as a success that should not to be criticized by the local news media.

On state television, several officials have denied that the yellow haze has anything to do with the locally produced gasoline.

In an interview on Saturday, Ali Mohammad Sha’eri, the deputy director of Iran’s Environmental Protection Organization, strongly denied that the pollution was linked to gasoline. However, he said that only 20 percent of the emergency fuel was up to modern standards. “Hopefully in three months that level will be 50 percent,” he said.

Meanwhile, the government has imposed strict traffic regulations in Tehran, Isfahan and other major population centers. An odd-even traffic-control plan based on the last digit of vehicle license plates keeps about half of the approximately three and a half million cars in Tehran off the streets on a daily basis.

Other plans to combat the pollution have been less realistic, analysts say. President Mahmoud Ahmadinejad has long advocated a plan to move civil servants from Tehran to reduce overpopulation in the capital. In 2010, the governor of Tehran Province ordered crop-dusters to dump water on the smog in an effort to dissipate it. There have also been plans for placing air purifiers in the city, but experts say they will not work in open spaces.

For those living in Tehran and unable to leave town for a vacation home on the Caspian Sea, waiting for the winds to pick up seems to be the only option.

“My head hurts, and I’m constantly dead tired,” said Niloufar Mohammadi, a university student. “I try not to go out, but I can smell the pollution in my room as I am trying to study.”

Azadeh, the artist, said the pollution forced her to stay indoors, adding to her sense of isolation. Step by step her world was being curtailed, she said. The Western sanctions imposed on Iran make her feel like a pariah, she explained. The government’s mismanagement of the economy and the resulting inflation have left her with little purchasing power, she said; she has stopped shopping for everything but essential items. And last week, security officers removed her illegal satellite dish from her roof.

“The pollution is the last straw for me,” she said. “We should wait helpless for winds to pick up and clean the air before we can safely leave our houses. It shows we have lost all power to control our lives.”

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Stocks open lower; S&P 500 eases from 5-year high

Stocks are opening lower on Wall Street Monday, pushing the Standard & Poor's 500 index down from the five-year high it reached Friday.

The Dow Jones industrial average fell 55 points to 13,379 as of 10:30 a.m. EST Monday. The S&P 500 dropped six points to 1,460. The Nasdaq composite fell eight points to 3,093.

Bank of America bucked the downward trend. The stock rose after the bank said it had reached an agreement to settle claims from the government agency Fannie Mae over mortgage investments that lost value after the housing crash. Bank of America will pay the agency $3.6 billion and buy back $6.75 billion in loans that the North Carolina-based bank and its Countrywide unit sold to agency from Jan. 1, 2000 through Dec. 31, 2008. The stock rose 2 cents to $12.13.

The S&P 500 closed at a five-year high Friday after a report showed that hiring held up in December during the tense fiscal negotiations in Washington, with employers adding 155,000 jobs in the month. Stocks surged at the start of last week after lawmakers passed a bill to avoid a combination of government spending cuts and tax increases that came to be known as the “fiscal cliff.” The law passed late Tuesday night averted that outcome, which could have pushed the economy back into recession.

Investors will get a better feel for outlook for corporate America this week as earnings reports start coming in. Aluminum producer Alcoa Inc. will launch the reporting season for the fourth quarter of 2012 on Tuesday after the markets close.

The yield on the 10-year Treasury note rose 1 basis point to 1.91 percent. The yield on the note climbed to an eight-month high of 1.97 percent in intra-day trading Friday, according to prices from Tradeweb, an operator of fixed income markets.

Other stocks making big moves:

— Lowe's Cos. fell 68 cents to $34.90 after Canaccord cuts its rating on the company to “sell” from “hold,” saying that the home improvement company's efforts to improve stores and sales won't be successful.

— Walgreen Co. gained 65 cents to $37.83 after Jefferies analyst Scott A. Mushkin raised his rating on the drugstore chain to “buy” from “hold,” saying the company's profits may get a boost from the flu season, Medicare drug plans and the health care overhaul.

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Reality shows may put crews too close to cutting edge

Monica Martino had filmed tornadoes in the Midwest, ship collisions in the Antarctic and crab fishermen in Alaska's Bering Sea. But those experiences didn't prepare her for a terrifying nighttime boat ride in the Amazon jungle.

In February, the 41-year-old co-executive producer was thrown into a murky river after getting footage for "Bamazon," a series for the History cable channel about out-of-work Alabama construction workers mining for gold in the rain forest of Guyana.

Martino says the captain was blind in one eye and sailing too fast without a proper light. He lost control of the boat while making a hard turn, sending the crew into the river, where Martino was knocked out by the impact of hitting the water at high speed.

Pulled back into the boat, Martino regained consciousness. But on the journey back to base camp, the vessel struck a tree, slamming Martino into the deck. Although she sustained a concussion, bruised ribs and a badly torn shoulder, Martino said, she had to wait 19 hours to receive medical care at a clinic in Venezuela because the production company had no viable medical evacuation plan for the crew.

History and the production company, Red Line Films, declined to comment.

"It was a whole cascade of negligence," said Martino, who lives in Santa Monica. "We were put in a situation far beyond what any production crew should be expected to handle."

As reality TV has boomed over the last decade, action-adventure shows have become a lucrative niche in a medium hungry for high ratings. But the growth has also stirred concerns that some reality TV programs are cutting corners on safety, exposing cast and crew members to hazardous conditions.

A combination of tight budgets, lack of trained safety personnel and pressure to capture dramatic footage has caused serious and in some cases fatal incidents, according to interviews with television producers, safety consultants and labor advocates.

Even the companies that provide insurance to Hollywood films and TV shows are reluctant to write policies for some of the edgier programs.

"These reality shows are getting riskier to get more ratings,'' said Wendy Diaz, senior underwriting director for the entertainment division of Fireman's Fund Insurance, one of the leading insurance carriers that serve the entertainment industry.

Records from OSHA and the state Division of Occupational Safety and Health show fewer than a dozen citations and accidents involving reality TV sets in the last five years, including a fatality that occurred this summer in Colorado during production of a proposed Discovery Channel series. But union officials, safety consultants and producers say those numbers don't begin to reveal the true extent of the problem.

PHOTOS: Where the last seasons left off

Many incidents go unreported because crew members sign non-disclosure agreements and fear being blacklisted if they file lawsuits. Record-keeping is further muddled by the fact that many of the shows are nonunion, and workers are often classified as independent contractors. OSHA typically tracks only serious accidents involving employees and has no jurisdiction if the incident occurs in a foreign country such as Guyana.

"Reality has a lot of near-misses and things that happen that you never hear about," said Vanessa Holtgrewe, an industry veteran and former camera operator on "The Biggest Loser" and "The X Factor" who now works as an organizer for the International Alliance of Theatrical Stage Employees. "On a lot of these shows, you're completely on your own. There is no one you can call if … you feel you're in a dangerous situation."

State and federal OSHA officials declined to comment specifically on incidents involving the reality TV sector.

Fireman's Fund estimated that it would underwrite 160 action-adventure reality shows in 2012, a 25% increase over the previous year. But it passed on about 50 other reality TV programs because they were deemed too risky, Diaz said.

"We had people who wanted to go to Mexico to follow the drug cartels around," Diaz said. "We had one show where they were going to blow up a mine. We told them we wouldn't insure the show."

Reality series — which cover everything from "Survivor" to "Keeping Up With the Kardashians" — have provided a huge revenue stream for cable and broadcast networks. The shows have lower production costs than scripted entertainment and tend to attract the younger viewers favored by advertisers.

CRITIC'S NOTEBOOK: Try to believe in the new TV season

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RIM unveils a new BlackBerry phone! (But it’s only a Curve for T-Mobile running BlackBerry 7)

Research In Motion (RIMM) on Thursday took the wraps off a brand new BlackBerry smartphone — but it’s not the kind of smartphone BlackBerry fans have been waiting more than a year for. Instead, it’s a low-end BlackBerry Curve 9315 that will launch later this month on T-Mobile. The phone features the BlackBerry 7.1 operating system, a 3.2-megapixel camera, microSD memory expansion and a full QWERTY keyboard, and it will launch on January 23rd… just seven days before RIM unveils its first BlackBerry 10 phones. Pre-sales for the Curve 9315 begin on January 16th and the phone will cost $ 49.99 out of pocket plus a $ 10 payment each month as part of Equipment Installment Plan. T-Mobile’s full press release follows below.

[More from BGR: ‘iPhone 5S’ to reportedly launch by June with multiple color options and two different display sizes]

BlackBerry Curve 9315 Smartphone Introduced By T-Mobile and RIM

[More from BGR: RIM teases BlackBerry 10 launch with image of first BB10 smartphone]

T-Mobile’s most affordable BlackBerry smartphone provides productivity tools and features to keep customers connected

BELLEVUE, Wash. and WATERLOO, ON – Jan. 3, 2013 – T-Mobile USA, Inc. and Research In Motion (RIM) (NASDAQ: RIMM; TSX: RIM) today announced the most affordable BlackBerry® smartphone on T-Mobile’s nationwide network – the BlackBerry^® Curve^™ 9315. Powered by the BlackBerry® 7.1 operating system with 3G connectivity, the sleek new smartphone is easy-to-use and provides tools that enable customers to stay connected to the people and information that matter most.

“At T-Mobile, our goal is to delight customers. The new BlackBerry Curve 9315 will delight customers with unprecedented value while also allowing them to combine their mobile business and personal use in one great device,” said Brad Duea, senior vice president of product management at T-Mobile. “The Curve 9315 is the most affordable BlackBerry smartphone on our nationwide network and provides our customers with a wide variety of productivity and social features to keep them connected and make their mobile lives easier.”

“We’re pleased to work with T-Mobile to bring the BlackBerry Curve 9315 to customers,” said Richard Piasentin, managing director for the U.S. at Research In Motion. “The Curve 9315 is designed to make it incredibly easy to stay connected with friends, family and coworkers and will be popular with customers upgrading to a smartphone for the first time, as well as existing Curve customers looking for a step up in speed and functionality.”

Combining an intuitive interface with a QWERTY keyboard, the BlackBerry Curve 9315 features built-in Wi-Fi® connectivity for voice and data, enabling customers to access the information they need when and where they need it, and Wi-Fi calling, allowing calls and messages over an available Wi-Fi network. With a dedicated BlackBerry® Messenger (BBM™) key, preloaded apps for Facebook® and Twitter® and the Social Feeds 2.0 app, customers can easily interact with their friends, coworkers and social networks whether it’s instant messaging, posting or tweeting.

The new BlackBerry Curve 9315 offers a 3.2-megapixel camera with LED flash and digital zoom as well as video recording capabilities. Customers also have the ability to geo-tag the location of their pictures by utilizing the smartphone’s built-in GPS. In addition, the smartphone features a microSD card slot for up to 32GB of additional media storage and a built-in FM radio letting customers tune in to local FM stations. With the BlackBerry App World™ storefront, customers have exclusive access to a wide range of apps, allowing them to enhance their smartphone experience with entertainment, personalization and productivity apps of their choosing.

The BlackBerry Curve 9315 will be available in an exclusive pre-sale for T-Mobile business customers beginning January 16 and is expected to be available in T-Mobile retail stores, via http://www.T-Mobile.com, and with select dealers and national retailers beginning January 23, 2013. For well-qualified customers, the Curve 9315 will require a $ 49.99 out-of-pocket down payment and 20 equal monthly payments of $ 10 per month via T-Mobile’s Equipment Installment Plan (EIP)¹, with a two-year service agreement and qualifying T-Mobile Value voice and data plan. Customers may also purchase the Curve 9315 for $ 49.99 after a $ 50 mail-in rebate card, with a two-year service agreement and qualifying T-Mobile Classic voice and data plan.²

This article was originally published by BGR

Gadgets News Headlines – Yahoo! News

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French actor Depardieu gets Russian passport

MOSCOW (AP) — The day after receiving his new Russian passport from President Vladimir Putin, French actor Gerard Depardieu flew Sunday to the provincial town of Saransk, where he was greeted as a local hero and offered an apartment for free.

Depardieu had sought Russian citizenship as part of his battle against a proposed super tax on millionaires in France.

Putin granted his request last week and then welcomed the actor late Saturday to his residence in Sochi, the host city of the 2014 Winter Olympics. Russian television showed the two men embracing and then chatting over supper, discussing a soon-to-be-released film in which Depardieu plays Russian monk Grigory Rasputin.

Depardieu flew Sunday to Saransk, a town about 500 kilometers (300 miles) east of Moscow, where he was met at a snow-covered airport by the governor and a group of women in traditional costume singing folk songs. He flashed his new passport to the crowd before setting out on a tour of the town.

The governor invited Depardieu to settle in Saransk and offered him an apartment of his choice, according to reports on state television.

Depardieu has not said where he would take up residence in Russia, only that he did not want to live in Moscow because it is too big and he prefers a village.

The Frenchman has spent a fair bit of time in Russia in recent years, including for the filming of the French-Russian film "Rasputin," and he expresses an admiration for Putin. But it is Russia's flat 13 percent income tax that appears to be the biggest draw at the moment as he flees high taxes in France.

France's new Socialist government tried to raise the tax on income above €1 million ($1.3 million) to 75 percent from the current 41 percent. That plan was struck down by the highest court, but Budget Minister Jerome Cahuzac said Sunday that the government is reworking the law so the superrich will still be asked to pay an elevated rate. He said the government is also considering putting the new tax in place for longer than the two years initially imagined.

"I find it a bit pathetic that for tax reasons this man — whom by the way I admire infinitely as an actor — has decided to exile himself," Cahuzac said.

___

Sarah DiLorenzo in Paris contributed to this report.

.

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Despite New Health Law, Some See Sharp Rise in Premiums

Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.

Bob Chamberlin/Los Angeles Times

Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.

Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.

In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.

 In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.

The proposed increases compare with about 4 percent for families with employer-based policies.

Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.

The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.

New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.

The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.

Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.

“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.

While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.

The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.

Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.

“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.

Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.

“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.

As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.

Read More..

Reality shows may put crews too close to cutting edge

Monica Martino had filmed tornadoes in the Midwest, ship collisions in the Antarctic and crab fishermen in Alaska's Bering Sea. But those experiences didn't prepare her for a terrifying nighttime boat ride in the Amazon jungle.

In February, the 41-year-old co-executive producer was thrown into a murky river after getting footage for "Bamazon," a series for the History cable channel about out-of-work Alabama construction workers mining for gold in the rain forest of Guyana.

Martino says the captain was blind in one eye and sailing too fast without a proper light. He lost control of the boat while making a hard turn, sending the crew into the river, where Martino was knocked out by the impact of hitting the water at high speed.

Pulled back into the boat, Martino regained consciousness. But on the journey back to base camp, the vessel struck a tree, slamming Martino into the deck. Although she sustained a concussion, bruised ribs and a badly torn shoulder, Martino said, she had to wait 19 hours to receive medical care at a clinic in Venezuela because the production company had no viable medical evacuation plan for the crew.

History and the production company, Red Line Films, declined to comment.

"It was a whole cascade of negligence," said Martino, who lives in Santa Monica. "We were put in a situation far beyond what any production crew should be expected to handle."

As reality TV has boomed over the last decade, action-adventure shows have become a lucrative niche in a medium hungry for high ratings. But the growth has also stirred concerns that some reality TV programs are cutting corners on safety, exposing cast and crew members to hazardous conditions.

A combination of tight budgets, lack of trained safety personnel and pressure to capture dramatic footage has caused serious and in some cases fatal incidents, according to interviews with television producers, safety consultants and labor advocates.

Even the companies that provide insurance to Hollywood films and TV shows are reluctant to write policies for some of the edgier programs.

"These reality shows are getting riskier to get more ratings,'' said Wendy Diaz, senior underwriting director for the entertainment division of Fireman's Fund Insurance, one of the leading insurance carriers that serve the entertainment industry.

Records from OSHA and the state Division of Occupational Safety and Health show fewer than a dozen citations and accidents involving reality TV sets in the last five years, including a fatality that occurred this summer in Colorado during production of a proposed Discovery Channel series. But union officials, safety consultants and producers say those numbers don't begin to reveal the true extent of the problem.

PHOTOS: Where the last seasons left off

Many incidents go unreported because crew members sign non-disclosure agreements and fear being blacklisted if they file lawsuits. Record-keeping is further muddled by the fact that many of the shows are nonunion, and workers are often classified as independent contractors. OSHA typically tracks only serious accidents involving employees and has no jurisdiction if the incident occurs in a foreign country such as Guyana.

"Reality has a lot of near-misses and things that happen that you never hear about," said Vanessa Holtgrewe, an industry veteran and former camera operator on "The Biggest Loser" and "The X Factor" who now works as an organizer for the International Alliance of Theatrical Stage Employees. "On a lot of these shows, you're completely on your own. There is no one you can call if … you feel you're in a dangerous situation."

State and federal OSHA officials declined to comment specifically on incidents involving the reality TV sector.

Fireman's Fund estimated that it would underwrite 160 action-adventure reality shows in 2012, a 25% increase over the previous year. But it passed on about 50 other reality TV programs because they were deemed too risky, Diaz said.

"We had people who wanted to go to Mexico to follow the drug cartels around," Diaz said. "We had one show where they were going to blow up a mine. We told them we wouldn't insure the show."

Reality series — which cover everything from "Survivor" to "Keeping Up With the Kardashians" — have provided a huge revenue stream for cable and broadcast networks. The shows have lower production costs than scripted entertainment and tend to attract the younger viewers favored by advertisers.

CRITIC'S NOTEBOOK: Try to believe in the new TV season

Read More..