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Posts by usnavy_cop_retired

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  • Christians to Gays: We'll Accept Your Business and Donate Your Money to 'Traditional Pro-Family Lobb

    04/12/2015 7:48:13 AM PDT · 7 of 268
    usnavy_cop_retired to kanawa

    Can one of our Freeper Attorneys provide the legal pros and cons of this idea. I like the idea but am not sure of the legal problems that might come from this tactic.

  • Court declines to lift hold on Obama's immigration actions

    04/07/2015 9:42:01 PM PDT · 8 of 25
    usnavy_cop_retired to Regulator

    What I loved was the Judge throwing Obama’s own words back at him. He cited Obama telling a Hispanic organization that if the Border Patrol folks did not comply with his orders there would be “consequences”. The judge stated that that statement made it abundantly clear that there is no “discretion” allowed by the agents for deportation of illegal aliens under current immigration laws. The judge made clear that DHS is required to post the new DAPA and revised DACA policy in the Federal Register under the APA, thus requiring a comment period for the public to make their views known.

    What a slam to the Administration.Read the decision. It is a good read, and not long.

  • Standing Up To The Gay Gestapo: Right Vs. Rabid

    04/02/2015 4:06:42 AM PDT · 17 of 31
    usnavy_cop_retired to Deagle

    I would suggest that every business owner that provides an “artisitic” service such as wedding cake design, wedding floral arrangements, etc. should cease providing delivery and set-up for any of these kinds of events. Do a contract that says you will provide the product, (In the case of cakes without personalized writings and ornaments). My contract would require the customer to arrange the pick-up and set-up of the product at their expense. Photographers are at a totally different situation and I do not know how to structure that resolution. As for other professionals such as medical providers who do not wish to be forced to perform abortion or sex change surgery, (yes this will be next), I would suggest a sign on the business door and on all paperwork that the patient has to sign that makes it clear that these are not services that they offer at any time.

  • White House: Obama Finds Religious Freedom Laws ‘Unthinkable’

    04/01/2015 7:48:07 PM PDT · 88 of 106
    usnavy_cop_retired to jessduntno

    Several leftist articles I have read in the last few days made a point of what is truly behind all of this. Basically their point is that the Federal RFRA was passed to protect the minority religious freedom but that it should not be extended to the majority. Christians/Jews are the majority so they should not have this protection.

    They also object to individuals having a right to use the RFRA as a defense in private civil suits. So if a person sues you for not providing a service that you object to based on your deeply held religious conviction they don’t want you to force them to prove that you don’t have a 1st ammendment right, (and a RFRA backed right), to refuse service to them.

    A prime example would be an OB/GYN who is a devout Catholic being sued because he refused to perform an abortion. They want to destroy him/her but if the OB/GYN has the right to argue that his/her deeply held religious convictions prevent him/her from performing an abortion the complainant may lose the suit.

    Keep in mind that in “civil rights” lawsuits under federal law, (section 1989), there is no limit on financial damages.

  • Ted Cruz defends presidential credentials

    03/29/2015 6:09:53 PM PDT · 44 of 51
    usnavy_cop_retired to Hardens Hollow

    He has executive experience.

    Running a 4,000 person agency maybe not the same as running a state but it does require one to use managing skills that community orginizing does not.

    He has shown he is able to meet budget goals, manage personnel, (some, I’m sure, had to be terminated by him), and he had to determine which lawyers were best suited for which case and then monitor the progress of the cases being pursued.

    He also would have had the final say on what cases to not pursue because of budget and personnel considerations.

    Finally, from Google search: Prior to becoming Solicitor General, he served as the Director of the Office of Policy Planning at the Federal Trade Commission, as Associate Deputy Attorney General at the U.S. Department of Justice, and as Domestic Policy Advisor on the 2000 Bush-Cheney campaign.

  • Obama calls for mandatory voting in U.S.

    03/18/2015 3:47:55 PM PDT · 96 of 137
    usnavy_cop_retired to molson209

    During the Marcos regime in the Philippines, (circa 1970’s), all citizens were required to vote in a referendum to determine if Marcus would stay in powere under Martial Law. Voters had to use a pencil only for voting. Miraculously Marcos won 90 plus % of the vote. Imagine how many more votes he would have gotten if there was computer voting machines then.

  • The Audacity of Hill ... Mark Steyn

    03/11/2015 12:54:54 AM PDT · 10 of 32
    usnavy_cop_retired to Dagnabitt

    James Rogen, (sic), from Fox News reported that Dept of State IT insiders told him that Hillary kept pressing them to approve an Iphone for her use instead of the BlackBerry that is Govt issue.


    Because Apple’s encryption is unbreakable and they will not give out their encryption key to the Feds.

    If she had the Iphone to use for official business there would be no way for the Dept of State to look into the phone and find out what she had sent to folks without a .Gov account. Thus, no reason to keep the private server.

    Since the IT folks refused, at least twice, to let her use the Iphone she had to keep the private server up so that what she did on the internet, and who she emailed, could not be seen by the “peasants”, (us).

  • Texas Gov. Greg Abbott: ‘Federal Judge Just Granted My Request to Halt Obama’s Executive Amnesty

    02/16/2015 10:23:08 PM PST · 94 of 269
    usnavy_cop_retired to Ray76
  • Panel warns Tricare in ‘death spiral’ (Different than Husseincare's death panels)

    02/13/2015 12:30:55 AM PST · 30 of 39
    usnavy_cop_retired to leapfrog0202

    When OBAMACARE was first being discussed, (before it passed), I said that DOD wanted it because that would give them a chance to dump Tricare beneficiaries onto the private sector and keep the money for weapons instead.

    The problems that will ensue if they do this is active duty family members will be forced to travel to see doctors and come up with the high deductibles and co-pays. Add to that the frequent transfers to another state with the need to apply again for insurance on the state exchange, (or Federal Exchange for that state), and you will see many cases of lapsed coverage and financial strain caused by that.

    Finally, how do they handle dependents overseas? Especialy where there is no military hospital. Currently Tricare Global remote Overseas,(Prime ), contracts with local providers and hospitals for care for active duty and family members and Tricare pays the bill.

    Then you have the issue of Tricare Standard overseas for retirees and their dependents. We would be left without any medical insurance, (which we earned and which was promised to us). US insurance companies won’t/can’t provide the coverage overseas because of all the rules of the different countries involved. Will DOD provide us with a “premium” in order to purchase local health insurance? Most overseas health inshurance companies have a 60-65 age limit for insurability.

    As much as I dislike Tricare Standard overseas, (which in most cases requires us to file claims at the level required by US insurance companies and which locals doctors and hospital are unable to document at that level), at least we are getting better at “perfecting” our claims to the US standards, albeit with a lot of research on the internet to get the correct medical terminology and details required. Losing Tricare would leave us in limbo and the US Government would be breaking the promise of this benefit that we earned.

  • CA: Thomas Greer as example; Do not Talk to Reporters after a Shooting

    01/29/2015 7:45:07 AM PST · 24 of 25
    usnavy_cop_retired to luvbach1

    Wrong. A warrant is not needed if the reason for entering your home is Exigent circumstances. In other words they had a call, (in your case, I assume), that someone was in danger of physical injury. Or, they are in “hot pursuit” of a person believed to have committed a felony. otherwise, they need a warrant to enter.

    When they arrive at the door demand they produce a warrant before you let them in. Once in your house anything in plain view, (if illegal, sarc), is evidence that allows them to search more.

    Do not allow the cops inside unless they have a warrant!

    If the warrant says a gun, they cannot look in an ice cube tray for it since it is not reasonable to find a gun there, (even if you have stolen diamonds hidden there that evidence would be thrown out by the court).

    If they are searching for a person they cannot look in the dresser drawers and in the kitchen drawers because it is not reasonable for a person to hide in them. Nor can they look for a person under the couch cushions.

    Yea, I’m being silly with the examples but these have been reasons to exclude evidence illegally obtained by cops that have tried to go “beyond” the parameters of the search warrant.

    Remember, a warrant must detail what is being looked for and what is to be searched. If the warrant says to search the house, it does not include the car in the driveway, etc.

  • CA: Thomas Greer as example; Do not Talk to Reporters after a Shooting

    01/29/2015 6:09:33 AM PST · 14 of 25
    usnavy_cop_retired to miss marmelstein

    I spent 20 years as a military “cop” specializing in investigations and interrogations. I loved it when the suspect wanted to try to convince me he was innocent. trust me, it never works.

    My advice to anyone suspected of a crime or involved in a physical incident is “KEEP YOUR MOUTH SHUT”. A good investigator will already know what the basic story is and anything you say can then be twisted to make you look guilty.

    Insist on a search warrant and never waive your rights. make the the cops get a warrant if they have probable cause. And call a lwayer immediately. if you don’t have one you know, have the number of legal aid available and use it.

  • Cops Shutdown High School Kids Trying to Earn Money by Shoveling Snow

    01/29/2015 5:54:31 AM PST · 20 of 112
    usnavy_cop_retired to needmorePaine

    Back in the early 60’s while living in Lindsey California, in the fall, I would go around town and offer to climb the trees and knock down “all” the leaves so that there would be only one time that the leaves needed to be raked up. I made a fortune, (or it seemed for a 12 year old kid). I had lots of money for Christmas presents, (and snacks). No one thought that I was breaking any laws.

    I have mowed lawns in the summer, pulled weeds for a fast food restaurants, (which resulted in a full time summer job). I worked as an unofficial assistant manager for KFC as a 17 year old High School student, (40 + hours a week, which was against the labor laws), and made the weekend bank drops, hired and fired employees and ordered all the supplies because the “manager” wanted to race cars from Friday night until Sunday night.

    I have never been without a source of income. Even when unemployed I was using a friends tow truck to pick up junk cars from peoeple’s property and selling them to the salvage yards, (average sale was $200 per car, for which I gave my friend $100 for the use of the tow truck).

    Taking away the desire of the youth to earn a little spending money and to learn the lesson of hard work is a travesty. We need kids with the drive to work for what they want.

  • Welfare drug testing pilot program signed into law by Michigan Gov. Rick Snyder

    12/26/2014 8:00:41 PM PST · 9 of 28
    usnavy_cop_retired to cripplecreek

    Eventually, but I don’t think anyone has standing until the counties have been picked and someone is ordered to be tested. Since this is a Pilot program the “statewide” application is not there and no one has had their rights violated until they have been ordered to be tested. I can see someone alleging that he/she may be ordered to be tested, but that would entail having to admit to drug use as their reason to not want to be tested.

    At least that is the way i see it.


    12/10/2014 8:09:01 PM PST · 8 of 55
    usnavy_cop_retired to gaijin

    Not sure if it will make a difference with this judge but the latest bragging by Obama stating that once he gives these illegals a work permit and SSN then no future President would be able to undo what “the KING” has done. I hope that Sheriff Joe amends his request for the injunction to add that statement as proof of the need for the injunction to maintain the status quo.

  • Effects of the Affordable Care Act on Economic Productivity

    11/24/2014 12:27:04 AM PST · 5 of 7
    usnavy_cop_retired to kaehurowing

    The easy answe for many corporations is to hire people under the DACA or the new amnesty. They are not eligible to purchase health care on the exchanges and can only get health care as part of their employment benefit packages. Thus, to avoid the penalty you hire the non-eligible illegals and designate tham as not eligible for your employer insurance.

    Here is an explanation of what health care DACA people are eligible for;

    What are the health care restrictions released by the Obama administration on August 28, 2012?

    The Obama administration released two official policy announcements on August 28, 2012, that affect the eligibility for federal health care programs of individuals granted deferred action under the administration’s “deferred action for childhood arrivals” (DACA) policy. The policies announced on August 28 — issued as federal regulations and guidance — do not affect any other immigration category and do not affect individuals granted deferred action apart from the DACA policy.

    The announcement changes federal rules for DACA-eligible individuals by excluding them from affordable health insurance options that are available to other individuals with deferred action. See below for more details.

    Before the changes announced on August 28, some DACA-eligible individuals would have gained access to more options for affordable and comprehensive health insurance. Youth granted DACA who are under 21 years of age or pregnant and who are otherwise eligible would have been able to apply for free or low-cost health insurance through a state’s Medicaid program or Children’s Health Insurance Program (CHIP) in about half of the states. In some states, pregnant women will continue to have access to federal health insurance coverage under CHIP regardless of their immigration status. (See the NILC table “Medical Assistance Programs for Immigrants in Various States” (PDF).)

    After 2014, DACA-eligible individuals would have had additional options to buy affordable health insurance in their state as a result of federal health care reform. (The health care reform law’s name is the Affordable Care Act (ACA). Sometimes it is referred to as “Obamacare.”)

    As a result of the August 28 changes, DACA-eligible individuals will remain excluded from almost all affordable health insurance options. They will be treated as though they are undocumented, even though they are otherwise considered lawfully present and are eligible for a work permit and a Social Security number. Unless their state has established a state-funded health coverage program, their only opportunity to obtain affordable, comprehensive health insurance may be through employment.
    When do the restrictions go into effect?

    The restrictions are effective August 30, 2012. The restrictions apply to every DACA-eligible individual effective immediately.

  • Executive Branch DOES NOT HAVE THE AUTHORITY to Seize the power of Legislative/Judical branch

    11/22/2014 1:03:43 AM PST · 6 of 30
    usnavy_cop_retired to 867V309

    Has anyone seen the executive Order?

    There does not appear to be one. There are two orders that establish study groups to study immigration and report back to the president on how the immigration system can be improved but no EO that directs the actions he outlined, (vaquely), in his speech.

    There is also Secretary Jeh Johnson’s order of prosecutorial discretion that catagorizes the types of illegal immigrants that are priority, but that is within the law for him to do that.

    Then, read the transcropt of O’s speech and you will see that he never once says “Executive Order”.

    I think that 1) he knows that if he signs an EO with specificity of the actions he is ordering than he gives standing for a law suit. 2) he punked the GOPe’s, (and the latino community), because he has not ordered any action, officially, to be performed by his executive agencies.

    How does this help him? It gets the news cycle on the conservative media screaming bloody murder and it makes the latino community think he has just fulfilled his promise for amnesty. He can then say “see how radical the Republicans are that they would jump to the conclusion that I had violated the law and constitution when I actually only ordered that the subject be studied. See how much they hate immigrants and want to harm them. They have no compassion”.

    Any thoughts?


    11/21/2014 8:17:32 AM PST · 128 of 143
    usnavy_cop_retired to Rodamala

    The ability to have an SSN also makes them eligible for EITC. Now, what would happen if Congress refused to fund the IRS unless O sign a bill for IRS funding that denies EITC for all DACA and the new “amnesty” eligible illegals. Who in the general public would be outraged that the IRS was defunded? I highly doubt that the general public will be up in arms about the closing of the IRS.

  • 'Born and raised' Texans forced to prove identities under new voter ID law (Ebola level barf)

    10/27/2014 6:00:32 PM PDT · 77 of 90
    usnavy_cop_retired to BenLurkin

    According to the story he is 45 y/o now. His ID expired in 2000. So for 14 years he had no ID.

    What name is on his Social Security card?

    Is it the same as his birth certificate?

    If not, then what name and documents did his parents use to get him a SSN?

    Chances are he has some form of ID since he can’t sell scrap, (bottles and cans) to a recycler without ID. I had a friend that worked for a recycler as a semi driver and I have watched the process. Even the street people have to show ID to sell cans and bottles.

    Most likely he is trying to fly under the radar so as not to have to file tax returns or has warrants out for him under one of his names.

  • Suspicious Email Messages

    08/04/2014 6:56:57 PM PDT · 42 of 43
    usnavy_cop_retired to JimRed

    This appears to be like “my daily flog” which invites you to see pictures from a friend. Once you agree and go through the sign up they highjack your address book and send request in your name to folks in your address book pretending to be you.

    Several of my friends have had this happen with Linkedin lately. The one that had responded to the invite from a “supposed” friend found that his address book was high jacked and he can’t get off of the “Linkedin” member list. i don’t know if he has checked to see if he actually was on the Linkedin official site or an imposter site.

    I always send an email to the person that supposedly sent the invite and ask them if they actually sent it. I have never had anyone reply that they sent the invite.

    Delete, spam it and never respond to these “invites”.

  • Obama Judge Rules Border Fence Is Racist

    06/22/2014 10:25:07 PM PDT · 30 of 55
    usnavy_cop_retired to kingattax

    Please read the court’s decision. This was not a ruling on the “racist nature of the fence”, this was purely a ruling on releasing of documents and emails requested under the FOIA. Having been through the FOIA circus, I can tell you that this was a reasoned opinion for and against the CBP and the requestor. Basically all she got was the names, addresses and other identifying information concerning the land owners that have/are negotiating with the CBP for their land in order to build 370 miles of fence in Texas. She wants to make the point that the fence impacts minorities and poor folks dispropotionately to other property owners. I doubt that she can make that point, but spin is spin.

  • Obama Pentagon Bungling Shipments for Our Troops

    06/21/2014 8:46:53 PM PDT · 14 of 15
    usnavy_cop_retired to PghBaldy

    I sure hope your comment was a “Sarc”. When a service member is transferred to a new duty station, (overseas or stateside), the government is obligated to move all of their household effects, (up to a weight limit), and also her/his means of transportation. This is at no cost to the service member, (by the way, all federal employees have the same program for change of duty station/transfers).

    Do you expect the service member to sell all of his furniture, belongings in order to comply with a government order for him/her to move to another location? How about the loss s/he will take on a car that s/he must sell, (based on your apparent belief that the government should not pay to ship her/his vehicle to her/his new duty station), when the vehicle would need to be sold in a very short time frame? And if the vehicle was recently purchased new, the loss of value would be very high, if s/he could even sell it because it would mean selling it at less than the amount owed on the vehicle.

    You are definately off base on this one. You seem to expect the service member to risk life and limb and then also pay for the cost of moving her/his belongings to a new duty stationed that s/he has no control over where s/he will be sent.

  • The Bankrupt Economics of David Brat

    06/17/2014 7:13:58 PM PDT · 32 of 39
    usnavy_cop_retired to usnavy_cop_retired

    Billions should have been Trillions. Sorry about that.

  • The Bankrupt Economics of David Brat

    06/17/2014 7:13:57 PM PDT · 31 of 39
    usnavy_cop_retired to usnavy_cop_retired

    Billions should have been Trillions. Sorry about that.

  • The Bankrupt Economics of David Brat

    06/17/2014 7:12:33 PM PDT · 30 of 39
    usnavy_cop_retired to blueplum

    This assumes that the $150 Billion is the Governments money, which it isn’t. The Government only gets a portion of that in taxes and fees. The balance belongs to the private companies that extract the oil/natural gas. Thus the whole argument is fictional.

  • An Orchestrated Immigration Wave At The Texas Border? Not So Paranoid To Think So

    06/15/2014 4:19:29 AM PDT · 26 of 31
    usnavy_cop_retired to dagogo redux

    Here is a lolution that Obama and the Dems will never allow, but the solution is to take everyone of the illegal crossers to the Embassay/Consulate of their country of origin and demand that they take them and care for them. They will not be allowed to leave the Embassy/Consulate unless they are being transported to an airplane heading back to their country of origin.

    If the Embassy/Consulate will not take them then freeze all military and other U.S. aid dollars and freeze all remittances to their country. Cancel all visas to the US from that country and make travelling from the US to that country a Federal crime.

    Problem solved. The country of origin will immediately repatriate their citizens.

  • FDA Bans Wood from Cheese-Making; Industry Decries 'Devastating Development'

    06/11/2014 7:57:33 AM PDT · 72 of 97
    usnavy_cop_retired to St_Thomas_Aquinas

    Actually, the import of cheese not certified to not having been aged on wood would be conficated when it arrives on US soil. No foreign artisinal cheese will be sold in the US under this rule, destroying a major portion of the foreign cheese market.

  • I’m an Army veteran, and my benefits are too generous (You knew they'd get to this)

    06/08/2014 11:27:52 PM PDT · 43 of 59
    usnavy_cop_retired to wfu_deacons

    The author is cherry picking his numbers. As I show below, Tricare retired beneficiaries pay more than just the $547.68 annual family premium.

    Most employer based insurance have comparable co-pays but their employee’s pay is a lot higher than a retiree retainer pay, (remember, the article is comparing military retiree medical benefits cost to civilians who are still in the workforce and the cost of their medical benefits).

    (A typical retired E-7 with 20 years of service receives close to $19,000 annually in retired retainer pay, so the cost of Tricare is a larger percentage of his/her retired retainer pay than the percentage cost of the employer sponsored medical benefits is to a civilian employee).

    Also, if the retiree is still in the workforce and the employer offers health insurance the retiree must take it. He/she cannot opt out of the employer plan in order to use only Tricare. Tricare then becomes 2nd payer to the employer plan.

    Tricare for Life makes Medicare the primary payer and Tricare 2nd payer. Also, to be qualified for Tricare for Life, the beneficiary must have Medicare Part B, (monthly premium is $104.90 [$1,258.80 annually], or higher, depending on income level).

    Tricare Prime vs Tricare Standard for retired beneficiaries.

    Tricare Prime has an annual premium;

    Individual: $273.84 per year
    Family: $547.68 per year

    Plus you pay;

    Ambulance Services-$20 per occurance

    Ambulatory (Same Day) Surgery-$25 per visit

    Behavioral Health:
    Outpatient-$25 (individual visit)$17 (group visit)
    Inpatient-$40 per day (no charge for separately billed professional charges)

    Clinical Preventive Services-$0

    Durable Medical Equipment, Prosthetics, Orthotics & Supplies-20% of the negotiated fee

    Emergency Room Visit-$30 per visit

    Home Health Care-$0

    Hospice Care-$0

    Hospitalization-$11 per day ($25 minimum)

    Lab & X-Ray Services-$12 per visit (unless billed as a clinical preventive service)

    Maternity Care-Office visits and hospitalization and a hospital. (One global fee): $11 per day ($25 minimum)

    Officed visits for delivery in a TRICARE-authorized birthing center: $25 per visit

    Office visits for delivery planned at home or other setting: $12 per visit

    Newborn Care-$11 per day ($25 minimum)

    Outpatient Visit-$12 per visit

    Skilled Nursing Care-$11 per day ($25 minimum)

    If you use a non-network provider you pay;

    Point-of-Service Fees: When you use the point-of-service option, you’ll pay:

    Point-of-service fees instead of your regular copayment
    Any other fees charged by non-network providers.
    These fees don’t apply to your annual catastrophic cap.
    You must pay this amount before cost sharing begins for outpatient services.

    Outpatient deductble;

    Individual; $300
    Family; $600

    Cost share;

    Outpatient services: 50% of Tricare allowed charges
    Hospitalization: 50% of Tricare allowed charges


    At Military Hospital: (if the drug is available; most non-formulary drugs are not available), $0.00

    Tricare Mail Order Pharmacy:
    You can get up to a 90-day supply for most prescriptions.
    $0 for generic formulary drugs
    $13 for brand-name formulary drugs
    $43 for non-formulary drugs, unless you establish medical necessity

    Network pharmacy:
    You can get up to a 30-day supply of most prescriptions.
    $5 for generic formulary drugs
    $17 for brand-name formulary drugs
    $44 for non-formulary drugs, unless you establish medical necessity

    Non-network pharmacy:
    You’ll pay more to have prescriptions filled at non-network pharmacies, including host nation pharmacies overseas. Your costs depend on your plan and the type of drug.
    If you use a Prime option, you’ll pay a 50% cost share after the point of service deductible is met.

    Tricare Standard:

    Retired beneficiaries pay $150.00 per member or $300.00 per family deductible annually.

    Retired beneficiaries then pay a co-pay of 25% of Tricare allowed charges. (However. if the provider does not file the claim you will pay the provider cash and then file your own claim. In which case, if Tricare allowed charges are less than the provider billed, (and the amount you paid at the time of service), you will only get reimbursed by Tricare 75% of the allowed amount.

    If, for example, the provider will not file the claim with Tricare, (this is happening more frequently), and billed you $1,000.00 but Tricare only allowed $750.00, you will absorb the $250.00 difference between the billed and allowed amount, and then Tricare will reimburse you $562.50. Your total cost would be $437.50, or 43.75% of the billed amount, (not the 25% co-pay that you are required to pay).

    Even providers that file Tricare claims for Tricare Standard beneficiaries are allowed to bill 15% above the Tricare allowed amount, but anything above is called balance billing which is illegal.

    And now DOD wants to increase the Tricare Prime premium to be more equal to that paid by the civilian sector. They have already increased the pharmacy fees and want to increase them even more. Many doctors and hospitals are refusing to accept Tricare. This is especially true with the highly specialized physicians and specialty hospitals, such as cancer centers.

  • Ranchers, farmers fear eco-terrorists after EPA releases private info

    01/17/2014 7:42:44 PM PST · 20 of 26
    usnavy_cop_retired to yefragetuwrabrumuy

    The farmers should all file individual suits under the privacy Act. Here is the pertinent section;

    The Act specifically provides civil remedies, 5 U.S.C. Sec. 552a(g), including damages, and criminal penalties, 5 U.S.C. Sec. 552a(i), for violations of the Act.

    The civil action provisions are premised on agency violations of the Act or agency regulations promulgated thereunder.

    An individual claiming such a violation by the agency may bring the civil action in a federal district court. If the individual substantially prevails, the court may assess reasonable attorney fees and other litigation costs against the agency. In addition, the court may direct the agency to grant the plaintiff access to his/her records, and when appropriate direct the agency to amend or correct its records subject to the Act.

    Actual damages may be awarded to the plaintiff for intentional or willful refusal by the agency to comply with the Act.

    In the case of “criminal violations” of the Act (Section 3 of the Act, 5 U.S.C. Sec. 552a(i) limits these so-called penalties to misdemeanors), an officer or employee of an agency may be fined up to $5,000 for:

    Knowingly and willfully disclosing individually identifiable information which is prohibited from such disclosure by the Act or by agency regulations; or

    Willfully maintaining a system of records without having published a notice in the Federal Register of the existence of that system of records.

    In addition, an individual may be fined up to $5,000 for knowingly and willfully requesting or gaining access to a record about an individual under false pretenses.

    While the Act does not establish a time limit for prosecutions for violation of the criminal penalties provision of the Act, it does limit the bringing of civil action to two years from the date on which the cause of action arose. See 5 U.S.C. Sec. 552a(g)(5). However, the time limit for filing a civil action may be tolled for material and willful misrepresentation by the agency of any information which is required to be disclosed, if the misrepresentation is material to the liability of the agency.

  • Looking for Advice on the Phillipines

    12/27/2013 1:59:45 PM PST · 28 of 77
    usnavy_cop_retired to F15Eagle

    I have lived in the Philippines since 2001 and have been in and out of the Philippines since 1971 with the US Navy. The first question is; are you single? If so, you will be a target of girls attempting to separate you from your money.

    As a foreigner you can not own property, but you can own a condo unit because you don’t own the land.

    You will only be able to get a visitors visa good for 180 days, (you’ll need to check that law), and renewable for a limited number of times before you will need to leave the country for 24 hours.

    There are some other types of visas that will allow you to be a permanent residence, (like the US green card), but you’ll need to research them.

    I recommend that if you wish to live here, first come and visit for 6 months. Do not transfer your money to a Philippine bank. Use your bank’s ATM to access funds and only withdraw a specific amount a month, (stay on a tight budget). Do not buy any major items, (condo, cars, appliances etc.), because you will have a hard time selling them for the resale value, (especially houses and cars).

    Stay away from the girlie clubs and do not hook up with a girl you met on the internet. These will quickly separate you from your money.

    Send me a private message if you want more info.

  • An open letter to tricare

    11/17/2013 7:50:53 PM PST · 8 of 14
    usnavy_cop_retired to Marcella

    Then I guess you would say that living in Oklahoma is not smart either. Or maybe California because of earthquakes.

    Typhoons are part of life in the Philippines, just as tornado and earthquakes are a fact of life in tornado alley and the west coast.

    Also, many retirees can’t return to the US because they live on a small pension or have Filipina wifes and extended family in the Philippines. It is very difficult to get a visa for a Filipina from the US Embassy and immigration laws requires the sponsor to have an income high enough to guarantee that the spouse will not end up on public assistance.

  • An open letter to tricare

    11/17/2013 7:44:46 PM PST · 7 of 14
    usnavy_cop_retired to CodeToad

    Tricare is run by the DOD and has no interface with local government laws overseas. Beneficiaries use the medical services from local providers and file a claim for reimbursement of the cost, minus their deductible and co-pay. Tricare then pays if the services provided are Tricare authorized/covered services. According to the Tricare manuals, Tricare is supposed to take into consideration local medical delivery customs that are different then US medical delivery.

  • An open letter to tricare

    11/17/2013 6:48:47 PM PST · 1 of 14
  • Tricare leaves thousands of beneficiaries without medical providers

    11/01/2013 9:01:16 PM PDT · 1 of 4
  • Remove Sign or Leave, GOP Chair Told (Impeach Obama sign in PA)

    08/18/2013 10:12:30 PM PDT · 52 of 52
    usnavy_cop_retired to MinuteGal

    I think you need to re-read the article. The article states; “ “We did that mural on the panels where our windows were,” Kovac said.

    Bricks and a tire were hurled through the storefront window a few weeks before the 2008 general election. “

    So for almost five years this storefront had plywood where a window used to be, (before it was vandalized). I didn’t see anywhere in the article about the landlord complaining about the plywood for the last five years.

    From my experience, a normal commercial lease allows for signage in your store windows. Political signage would, I believe, include viewpoint and advocacy. The sign does not appear to violate any laws or statutes, but most likely offends the landlord who disagrees with the message.

    The tenant should file a police report and request the landlord be charged with vandalism, (at the least), and at the same time sue in civil court.

  • Man Has Home Ransacked by Police for Paying Cash

    07/20/2013 8:16:07 PM PDT · 47 of 55
    usnavy_cop_retired to metmom

    The worst part of it is that for years this was an unwritten, unpublished rule that Tricare denied existed. When retirees started getting letters demanding proof of source of funds and did not have any because they had used the money from their home safe, their claims for thousands of dollars of rightful reimbursement were denied, and appealing the denial was fruitless. Tricare would just say “we must have this information or we will not pay”. Of course if you used the funds from your safe, you have no paper trail to show that you withdrew the amount needed for the hospital bill prior to or during the inpatient stay, therefor Tricare won’t pay what they owe.

    After years of fighting this rule and educating retirees about it, and how to get around it, Tricare made the rule public and expanded it to all retirees overseas, (but the limit for them is $1,000)

  • Man Has Home Ransacked by Police for Paying Cash

    07/20/2013 7:31:37 PM PDT · 35 of 55
    usnavy_cop_retired to metmom

    Actually it happens everyday in a little bit of a different way. US Military retirees living in the Philippines must prove the source of funds used to pay for their medical bills. Tricare demands that for all medical bills of $500.00 or more the retiree must, (in addition to the Official Receipt showing the bill was paid in full), provide proof of the source of the funds used to pay the medical bill. This means that the retiree must withdraw the funds from the bank so that there is a paper trail for the source of funds.

    Many retirees maintain a home safe with a few thousand dollars for emergency needs since you can’t get admitted to a hospital without making a large deposit and must pay the hospital bill in full before they will allow you to be discharged, (and they can physically restrain you from leaving the hospital until the bill is paid).

    Checks and credit cards are not universally accepted or used in the Philippines since this is a cash and carry society. Thus, the retiree has to go to the bank and withdraw the funds prior to, or during the hospital stay in order to be able to prove the source of funds. Failure to do so will result in denial of Tricare reimbursement for the medical care, (less the retiree’s 25% co-pay and deductible).

  • "Anger" flows at acquittal of George Zimmerman in death of Trayvon Martin(Libs to Zimmerman ..)

    07/15/2013 4:52:42 AM PDT · 40 of 66
    usnavy_cop_retired to LS

    Actually, if Holder decides to file a criminal civil rights case he will have Omara in Federal Court filing a motion to foreclose the charges based on the DOJ having sent their folks to Stanford to assist and help plan demonstrations to force Florida to file charges against Zimmerman. The DOJ can not be considered to have been seeking the facts when they were involved in getting the charges filed through attempts to stir up the Trayvon supporters in order to force a criminal case.

    The obvious bias is there and the DOJ can’t get past it because of their actions in this case prior to the filing of charges against Zimmerman in Florida and the fact that they had an ongoing FBI criminal Civil Rights Violation investigation in process at the time.

  • "Anger" flows at acquittal of George Zimmerman in death of Trayvon Martin(Libs to Zimmerman ..)

    07/15/2013 12:38:54 AM PDT · 17 of 66
    usnavy_cop_retired to fireman15

    This case was never intended to go to trial. Corey was sure that Zimmerman could not afford competent counsel, (that’s the reason for screwing up his legal defense fund and charging his wife with perjury).

    She expected that without the money needed for a proper defense that Zimmerman would take a plea bargain, any plea bargain, so that they did not have to go to court.

    Freepers and other like minded conservatives ponied up the money to allow him to get a good attorney, (in this case a pair of excellent attorneys). That forced them to go to trial and then causing Corey to play “hide the ball” with discovery hoping to make it impossible for Omara to put on a good defense.

    They bet wrong, but I have seen many an innocent defendant go for the plea deal because of the lack of money for a good lawyer and the risk of a wrongful conviction resulting in most of their life spent behind bars.

  • Truck Drivers Not Revved Up About New Safety Rules

    06/30/2013 8:39:14 PM PDT · 30 of 40
    usnavy_cop_retired to Greysard

    You don’t realize that the time waiting at the docks to load/unload is called work time. Some times you wait up to 4 hours to be loaded. You could be asleep in the sleeper, but that does not count and lots of companies are, (by state and local laws), requiring that you shut down your rig.

    Try waiting to load/unload in Phoenix in the summer with no AC in the cab of the rig and waiting 3-4 hours. Most of the warehouses don’t have an air conditioned waiting room for drivers.

    Some warehouses, (union especially), require the driver to either pay “lumpers” to unload and stack the load, or the driver must do it. Most of the companies, (England, Schneider etc.), won’t pay the lumper fee, that comes out of the driver’s pocket. All that time is work time, not driving time.

    This leaves the driver with less time on the road to get to his next stop.

  • Philippines aims to be leader in healthcare outsourcing services

    06/21/2013 7:22:56 AM PDT · 15 of 16
    usnavy_cop_retired to AlexW

    I can get any prescription medicine without a prescription, but, the “narcotics” like morphine and other pain relievers need a special license to dispense, and the prescription is an absolute requirement. A friend, (now deceased), needed a daily dose of morphine for end stage cancer and had problems at times getting it from the major pharmacy’s so he found out who the wholesale supplier was and bought directly from him, and at 1/3 the pharmacy price.

    If I need Ampicillin, I just go to the local drug store, or even the local Sari-Sari store, (see http://photobucket.com/images/sari%20sari%20store?page=1 for typical stores). I have never needed a prescription for normal prescription medicines. Blood pressure medicines, diabetes meds etc. are all available by just telling the pharmacist what you need and how many “pieces”.

  • GOP Rep. Notices IRS Agents Training with AR-15s During DHS Tour: ‘I’m Looking Into the Issue Now’

    06/12/2013 4:46:58 PM PDT · 58 of 114
    usnavy_cop_retired to no-to-illegals

    If you don’t know, Civil Service rules allows an LEO to retire after 25 years of service. That is why a lot of the Gov’t unions push to classify the agency’s with LEO designation. I worked for the Defense investigative Service in the mid eighties, (security background investigations), and there was a push to attempt to make us LEO designated. Eventually they split off a criminal side of the DIS to accommodate it.

    It’s all about higher pay scales and early retirements. It has nothing to do with threats of violence to the employees.

  • Is this the prelude to ObamaCare (TRICARE in the Philippines)

    03/05/2013 6:47:40 PM PST · 16 of 18
    usnavy_cop_retired to grumpygresh

    Tricare can’t force any providers to participate in providing medical care to any Tricare beneficiary. And this is especially true overseas. The Demonstration Project has been in place for two months now, (it had to be delayed because they couldn’t get providers to join), and it has been a very rocky start.

    What was supposed to be a program with providers of most of the required specialties represented in the program has, to date, 42 specialties that are waived, (meaning that beneficiaries must use non-Demo project providers for those specialties and pay up front, just as they did before the Demo project). In the three Demo areas, the highest number of specialties represented is 22. But there are many specialties not represented that are needed.

    Another issue that has come to light is that the Approved providers are being told that they can charge up to the Champus Maximum Allowed Amount,(CMAC), even though their normal and customary fees are at least half of the CMAC. Thus, what was a normal $12 out-patient office visit now can be charges at $26. Of that the beneficiary must pay a co-pay of 25%, ($6.50), or more than half of what would have been the normal and customary fees. (Under the old system, the beneficiary would pay the full bill, file a claim and be reimbursed 75%,($9.00), making his co-pay $3.00. Now Tricare is responsible to pay $19.50 for an office visit that used to cost them $9.00).

    Tricare’s contractor, International SOS,(ISOS), apparently has told the providers that they can charge the higher fees in order to compensate for the administrative cost of filing Tricare claims and taking the risk of no payment or underpayment of the claim. However, the charging of administrative fees is specifically prohibited by Federal Regulations. Providers are not allowed to bill Tricare for administrative fees or to hide these fees in their billing. In fact, this was one of the charges filed against Thomas Lutz, CEO of Health Visions, in the $100 million fraud case prosecuted several years ago.

    (See http://www.tricare.mil/fraud/News/Document/Thomas%20Lutz%20and%20HVC%20Indictment.pdf)

    The Federal Register Notice of Philippine Demonstration published 09/28/2011 http://db.tt/hhxm8Jk2 stated; “To be included on the approved list, a provider must agree to accept reimbursement at the lower of the usual and customary charges and the established fee schedule”. This new policy is a total reversal of the notice in the Federal register and is a violation of 32 CFR, 199.9;

    199.9 (b) (2) Improper billing practices.

    Examples include, charging CHAMPUS beneficiaries rates for services and supplies that are in excess of those charges routinely charged by the provider to the general public, commercial health insurance carriers, or other federal health benefit entitlement programs for the same or similar services.

    Since Tricare, (and ISOS), know what the normal and customary charges are for the general public and have advised, (apparently, according to statements made by providers to beneficiaries), the providers to charge a higher fee in order to recoup administrative cost and the risk of non or underpayment, Tricare and ISOS are facilitating fraud upon the US Government.

    I imagine that Tricare will claim that they have the authority to advise providers to double, (or more), their fees in order to entice them to be a participant in the Demonstration Project, but I doubt that they have that authority under Federal Statute or Regulations since that policy means an increase of cost to the US taxpayer and higher out of pocket cost to the beneficiaries.

  • Part to make AR-15s draws dozens to local gun store

    01/22/2013 6:49:49 PM PST · 19 of 29
    usnavy_cop_retired to CottShop

    The statement that all countries above the US have 100% gun ban is total BS.

    I live in the Philippines. I can’t buy a gun because I’m a foreigner, but any Filipino can buy a gun to be kept in their home. If you want to carry outside of the home, you need a permit from the Police Chief, but it can be obtained.

    Guns are plentiful in the Philippines and I will bet that most of the other countries above the US also allow private gun ownership.

  • Is this the prelude to ObamaCare (TRICARE in the Philippines)

    11/10/2012 5:28:19 AM PST · 14 of 18
    usnavy_cop_retired to ronnie raygun

    Yea. What is so frustrating is the Geniuses at Tricare come up with this idea without having ever spent any time on the ground learning how the Philippine medical system works. Then they award the contract to set up the program and write the rules to the contractor that has the contract to certify hospitals and doctors to be allowed to treat Tricare patients.

    So, on 30 October I go to a briefing on the Demonstration Project that is scheduled to start 1 January. For the Metropolitan Manila area they contracted with exactly ONE hospital which is located in the busiest, most traffic congested section of Manila and tell us that we must travel 2-3 hours to see the doctors that are located at that hospital, but that if we don’t use THEIR doctors, Tricare won’t reimburse us. The problem is, it will cost more to travel to see THEIR doctor than it would for us to pay a doctor with an office within 30 minutes of our homes.

    We took a video of the filth in the one hospital that they got to agree to be their hospital in one of the other demonstration project areas. Check out this YouTube http://youtu.be/BOQAVfgf7yQ and also check out my latest article on this at http://www.freerepublic.com/focus/vetscor/2956757/posts?page=7

    When we asked about the waivers they say that we can file in order to maintain our doctor that has been treated us for serious conditions, they did not want to tell us how long the have to make the waiver decision. we finally got them to tell us they have 5 working days and if they deny the waiver we can appeal to Tricare. When we asked how long Tricare had to make the appeal decision, they said “we don’t know, we’ll have to ask Tricare and get back to you”

    Less than 60 days until the start date and they don’t even know what the rules of the program are that they are going to require we follow. Nothing of the details of how the program is supposed to work is in writing. They are just going to make it up as the go along.

    It’s scary.

  • Tricare mandates substandard hospitals for US Military Retirees in the Philippines

    11/08/2012 2:35:16 AM PST · 8 of 9
    usnavy_cop_retired to LadyDoc

    Yea. I was interviewed by Travis Tritten on that article and provided him a lot of background information for the article.

    As to your other question, I would rather not name the hospital in public, but it is not one in Manila. I am very familiar with almost all of the good hospitals in Manila. St. luke’s has the only Pet Scan. Philippine Heart Center is top of the line. Asian Medical is also top quality.

    The problem is that ISOS had over a year to try to recruit hospitals and doctors for the network but couldn’t get anyone to bite. Most of the hospitals and quality doctors have been burned by Tricare in the past 10 years or more and will have nothing to do with them.

    Our information is that The Medical City, in Manila, was so badly underpaid or had so many claims denied, even though they were legitimate claims, that they lost around $1,000,000 as a result of playing ball with Tricare.

    St. Luke’s refused to file claims directly to Tricare because of the loss of substantial payments. We approached them a few years ago to attempt to get them to try again and were told that until Tricare pays all of the back claims, either denied or underpaid, they would have nothing to do with Tricare.

    So basically, ISOS had to beg the sub-standard hospitals to join the network and had to do the same with the doctors.

  • Tricare mandates substandard hospitals for US Military Retirees in the Philippines

    11/07/2012 4:53:32 PM PST · 3 of 9
    usnavy_cop_retired to usnavy_cop_retired

    The link to the video is http://youtu.be/BOQAVfgf7yQ

  • Tricare mandates substandard hospitals for US Military Retirees in the Philippines

    11/07/2012 4:49:28 PM PST · 2 of 9
    usnavy_cop_retired to usnavy_cop_retired

    The link to the video is http://youtu.be/BOQAVfgf7yQ

  • Tricare mandates substandard hospitals for US Military Retirees in the Philippines

    11/07/2012 4:47:22 PM PST · 1 of 9
  • DoD to cut Tricare Prime in 5 West areas

    10/24/2012 7:37:57 PM PDT · 11 of 23
    usnavy_cop_retired to SandyInSeattle

    I’m glad you are able to use Tricare standard, but if you lived in the Philippines you would be mandated into a modified Tricare Prime. I won’t go into the weeds on it except to say that the guarantee of Tricare being a choice of Standard, Extra or Prime is being removed from us and we are being forced to use a very limited number of providers, many of whom are substandard or are quacks that retirees refuse to voluntarily use. See my earlier post; http://www.freerepublic.com/focus/f-vetscor/2943197/posts

    Here is a letter I wrote to a journalist that had requested our input on the Triccare Philippine Demonstration Project;

    Mrs. ********;

    I understand that you are getting close to putting your article on the Tricare Philippine Demonstration Project to bed.

    I would like to direct your attention to a situation that will illustrate that TMA/ISOS will dramatically limit access to quality medical care in the Demonstration Project area(s).

    If you will look at the areas that TMA/ISOS have identified as phase 1 you will see that Orion, Bataan is one of those areas. I have been told by a TMA representative that from his understanding of the network being set up in Orion by ISOS that ISOS will establish the boundaries of the Orion network as the political boundaries of the Municipality of Orion. In other words, the Municipality borders as designated by the Philippine government.

    Assuming that the boundaries are set as described above, and using the criteria stated by TMA in the Federal Register posting of September 2011 and the outline of the Demonstration Project printed in the Tricare Operations Manual, ISOS will be required to contract with a hospital within the Orion Municipality borders. All Tricare beneficiaries living within those boundaries MUST use only the network contracted provider(s). This then presents a glaring issue of lack of access to quality medical care, as I will describe below.

    Orion is a municipality in the Province of Bataan. Wikipedia says;

    Orion is a 2nd class municipality in the province of Bataan, Philippines. According to the latest census, it has a population of 49,164 people in 8,735 households.

    According to the 2005 MUNICIPALITY OF ORION, BATAAN
    ECOLOGICAL PROFILE, Orion has 1 hospital;

    “Within the municipality, there is 1 hospital (Orion St. Michael
    Hospital) with a total bed capacity of 19. In addition, there
    are six (6) private medical clinics, 1 rural health unit and 13
    barangay health stations. At the outskirts of Orion, there is
    the Bataan General Hospital located in Balanga City.”

    According to the Philippine Government PhilHealth, St. Michael Hospital is a level 2 hospital. A level 2 hospital is defined as;

    “Level 2 Hospital

    - Non-departmentalized hospital

    - general medicine, pediatrics, surgery, anesthesia, obstetrics and gynecology, first level radiology, secondary clinical laboratory, pharmacy

    - nursing care for patients needing intermediate supervised care”

    Because TMA has made it clear that beneficiaries residing within the network boundaries must use the network providers, Tricare beneficiaries living in Orion will be required to use a hospital that is unable to provide the medical care that elderly U.S. military retirees and their families require and have earned by their service to the United States.

    In the information that I referenced above, it is stated that just outside of the Orion boundaries there is a Philippine Government Hospital, (Bataan General Hospital, a 350 bed hospital that caters to the extremely poor and the low income population). But since this is a Philippine Government Hospital, it has a few private pay rooms or private pay semi-private rooms. Most Patients are placed in wards, usually 20-30 beds each, (according to one nurse’s resume on the internet, the surgical ward is a 15 bed ward).

    (The retirees in Bataan tell me that this hospital is horrible. They say that you go in on a stretcher and come out in a hearse).

    The patient is required to have a “watcher”, (usually a family member that stays with the patient 24/7 and is responsible to contact the nursing station if the patient has a medical issue. The watcher also is required to go to the pharmacy to purchase the medicines prescribed. In many of the General Hospitals the watcher will have to clean the restrooms, (which will have a commode without a seat, a bucket of water to flush the toilet and for showering). Patients are frequently required to bring their own bed linens and meals.

    Obviously, the Bataan General Hospital is not a hospital that meets the Tricare Manual standards for hospitals, and since it is a government hospital, there is no way that TMA/ISOS could get this hospital under contract with the Demonstration Project.

    In the Provincial capital, (Balanga, population 91,059 as of December, 2010), which is a 15-20 minutes’ drive from Orion, there are 4 hospitals, Bataan Women’s Hospital, (a level 2, 30 bed hospital), Bataan St. Joseph’s Hospital, (a level 3, 18 bed tertiary hospital), Isaac Catalina Medical Center, (a level 3, 90 bed hospital), and Bataan Doctors Hospital and Medical Center, (a level 2, 25 bed tertiary hospital).

    The beneficiaries in Orion will travel to Balanga, Bataan to use Isaac Catalina medical Center for moderate to critical medical care, but, under the demonstration Project, will be restricted to the 19 bed, level 2 hospital in Orion. Failure to use St. Michael Hospital in Orion will result in the beneficiary being forced to pay 100% of the medical bill with no chance of being reimbursed.

    The question that needs to be asked is; why did ISOS pick Orion, instead of Balanga, to be the Demonstration Project network area? Our opinion is that ISOS was unable to get any of the hospitals in Balanga to agree to be a Demonstration Project network provider and that since TMA had identified Bataan to be one of the areas to establish the Demonstration Project in, ISOS had to find a hospital willing to contract with them. Unfortunately, Orion St. Michael Hospital was the only hospital willing to take a chance with Tricare.

    The beneficiary will be denied adequate, quality medical care based on this decision and their health will be placed in jeopardy.

  • Romney/Bain Outsource Middle Class U.S. Jobs for 99 Cents an Hour Jobs in China

    10/12/2012 11:11:30 PM PDT · 64 of 75
    usnavy_cop_retired to svcw

    Using the Philippines as an example of cost, I pay 6,000 pesos a month, to rent a 2 bdr 1 bath apartment,($145 at todays exchange rate of P41.4 to $), just got my electric bill, P2,135,($51,57), my cable tv is P445, ($10.75), and my internet is P1,000, ($24.15). My monthly food cost is P7,000, ($169, and I buy a lot of higher grade meats, cheese and snacks). My misc. expenses are about P2,000, ($48.30).

    The average Filipino, (not the poor), lives on about P15,000 per month, ($362.31), and eats a lot of rice and fish, (which is cheap), and pancit noodles with a small amount of meat in it, along with vegetables and fruits.

    Even the poor usually makes P200 per day, (P6,000 per month, or $145), but their rent is around P2,000, ($48.30).

    What I am saying is that you can not just use the wage figure without putting it into perspective. The cost of housing, food, utilities and transportation are totally different in each country.

    You would not expect someone living in Arizona to be able to survive in New York City on the wages he has in Arizona. The cost of living in Arizona is lower than New York City, thus wages in New York City are higher by necessity.