Katie Holmes in “Dead Accounts”: what did the critics think?

LOS ANGELES (TheWrap.com) – With her marriage to Tom Cruise firmly ensconced in the rearview mirror, Katie Holmes has returned to Broadway to star in Theresa Rebeck‘s “Dead Accounts.”

But the “Dawson’s Creek” actress who will forever be synonymous with one mega-star’s epic Oprah freakout, got credit from many critics for giving it the proverbial college try – although most reviewers savaged the production.

“Dead Accounts” centers on a hotshot Wall Street-type (Norbert Leo Butz) who returns to his Cincinnati home with a dark secret. Holmes plays his sister who is still living at home and nursing their father through a kidney stones attack. It marks her second appearance on the Great White Way after a tepidly received turn in a 2008 revival of Arthur Miller‘s “All My Sons.”

“Dead Accounts,” which also stars Josh Hamilton and Jane Houdyshell, premiered Thursday at the Music Box Theatre.

In the New York Times, Ben Brantley was surprisingly gentle in his treatment of Holmes even as he dripped acid over Rebeck’s attempt to say something profound about America’s post-Recession doldrums.

“Let me assure you that Ms. Holmes, who was a tad unsteady in her Broadway debut four years ago in Arthur Miller‘s ‘All My Sons,’ appears much more at ease playing a worn-down country mouse to the hyped-up city mouse of Mr. Butz,” he wrote. “Gamely unkempt and lumpen, Ms. Holmes suggests what might have happened to Joey Potter, the ultimate girl-next-door she once portrayed on TV in ‘Dawson’s Creek,’ had she never found true love or left town.”

His overall assessment of the action onstage was far more dire, faulting it for devolving “…into a limp chain of anticlimaxes.”

Also declaring “Dead Accounts” D.O.A. was New York magazine, which, in an unbylined piece, compared Rebeck to Tyler Perry for white people (sorry, “Madea Goes to Jail” fans, it’s not a compliment). However the critic was charitable in assessing the third Mrs. Cruise.

“Holmes is insanely miscast but sunnily game in the role of a ground-down never-was with body image issues and a crater where her confidence should be,” the reviewer wrote.

Those relatively benign notices aside, some critics were clearly sharpening the kitchen-ware for Holmes. In the New York Post, Elisabeth Vincentelli took a cleaver to the actress and the play.

“She’s got one note – shrill, impatient – and yells it at top volume, making a vein bulge on her slender neck. (A recurring joke about Lorna going on a diet falls flat.),” Vincentelli wrote.

Of the play, the Post critic said it should be back to the drawing board; “With its cardboard characters and implausible developments, ‘Dead Accounts‘ feels like a rough first draft.”

Chris Jones of the Chicago Tribune was far kinder when it came to Rebeck’s writing, admiring her for taking on weighty topics, even as he complained she often fell flat in her execution. His views on Holmes were harder to decipher. Though never pejorative, Jones seemed to feel that Holmes’ tabloid past interfered with her stage work.

Still, he was intrigued by the way her own Midwestern background intermingled with that of her character.

“‘Dead Accounts’ hints at the very worthwhile notion that two Americas have grown up alongside each other, one in the thrall of religion, the other of money,” Jones wrote. “Holmes, one suspects, knows a good deal more about that kind of stuff than her character ever gets to say here.”

People Magazine’s Tom Gliatto praised Holmes’ for doing what she could with an underwritten role. He didn’t exactly make her seem Tony bound, but he argued that the fault rests more with the script than the actress.

“Holmes gets her moments in the second act: Lorna is given a simple, tender monologue about planting a tree when she was a child, followed by a full-throttle, over-the-top tirade against money, banks and fiduciary wickedness,” Gliatto wrote. “Holmes gets a big laugh there, but you have the nagging realization that the little memory about the tree slipped by without registering emotionally – that it was a lot more meaningful than the tirade, and that Holmes should have been directed to dig deeper. Or that Rebeck, creator of NBC’s Smash, should have written deeper.”

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Small union is causing big problems for ports

The small band of strikers that has effectively shut down the nation's busiest shipping complex forced two huge cargo ships to head for other ports Thursday and kept at least three others away, hobbling an economic powerhouse in Southern California.

The disruption is costing an estimated $1 billion a day at the ports of Los Angeles and Long Beach, on which some 600,000 truckers, dockworkers, trading companies and others depend for their livelihoods.

"The longer it goes, the more the impacts increase," said Paul Bingham, an economist with infrastructure consulting firm CDM Smith. "Retailers will have stock outages, lost sales for products not delivered. There will be shutdowns in factories, in manufacturing when they run out of parts."

Despite the union's size — about 800 members of a unit of the International Longshore and Warehouse Union — it has managed to flex big muscles. Unlike almost anywhere else in the nation, union loyalty is strong at the country's ports. Neither the longshoremen nor the truckers are crossing the tiny union's picket lines.

The strike started at the L.A. port's largest terminal Tuesday and spread Wednesday to 10 of the two ports' 14 cargo terminals. These resemble seaside parking lots where long metal containers are loaded and unloaded with the help of giant cranes.

The union contends that the dispute is over job security and the transfer of work from higher-paid union members to lower-paid employees in other countries. The 14-employer management group says that no jobs have been outsourced and that the union wants to continue a practice called "featherbedding," or bringing in temporary workers even when there is no work.

The two sides haven't met since negotiations broke down Monday, but they were scheduled to begin talking again Thursday night. The union has worked without a contract for 21/2 years.

The clerical workers are a vital link in the supply chain. They handle the immense flow of information that accompanies each cargo ship as well as every item in the freight. One shipload of shoes, toys and other products is enough to fill five warehouses.

Logistics clerk Trinie Thompson, 41, normally spends her days working with railroad lines and trucking companies to ensure that the right containers are sent along to their proper destinations. On Thursday, she was walking the picket lines at the docks.

"We will be setting up trains to Houston, trains to Dallas, to Chicago, to the Pacific Northwest," said Thompson, who has worked for 10 years for Eagle Marine Services terminal, which is affiliated with the giant APL shipping line.

"For a typical container ship, we will have to set up multiple trains. We might be sending 200 to 300 containers to Chicago alone, and there will be paperwork for all of them."

The strike comes at a time of simmering labor unrest at other U.S. ports, underscoring the unusual power labor holds in maritime trade.

On the East Coast and Gulf Coast, another group of shipping lines and terminal operators called the United States Maritime Alliance has repeatedly failed to reach agreement on a new labor contract with the International Longshoremen's Assn. A strike that might have involved dozens of ports was avoided only after both sides agreed to extend negotiations past the September end of their current contract.

A strike also was narrowly avoided at Portland, Ore., only a few days ago in a dispute between grain shippers and union workers.

Operations at Oakland International Airport and at the Port of Oakland, the third-largest port in the state behind Los Angeles and Long Beach, were affected by a brief strike this month.

Maritime unions "have successfully organized one of the most vital links in the supply chain, and it's a tradition they nurture with all of their younger workers," said Nelson Lichtenstein, a UC Santa Barbara history professor and workplace expert. "They have a very strong ideological sense of who they are, and for now they are strong."

In Los Angeles and Long Beach, the 800 clerical workers have been able to shut down most of the ports because the 10,000-member dockworkers union is honoring the picket lines. Work continues at only four cargo terminals, where the office clerical unit has no workers.

"Longshoremen stand up when other workers need our help," said Ray Ortiz Jr., a member of the International Longshore and Warehouse Union's Coast Committee. "Sure, it's a sacrifice to give up a paycheck when you refuse to cross the picket line, but we believe it's in the long-term interest of the Los Angeles-Long Beach harbor area to retain these good local jobs."

Stephen Berry, lead negotiator for the shipping lines and cargo terminals, said the clerical workers have been offered a deal that includes "absolute job security," a raise that would take average annual pay to $195,000 from $165,000, 11 weeks' paid vacation and a generous pension increase.

At a news conference Thursday, Berry denounced the tactics by the clerical workers, calling them "irresponsible."

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Incoming Jets Animate Atlanta Airport's Epic Data-Driven Sculpture

Dan Goods has a pretty cool day job managing communications for NASA's Jet Propulsion Lab, but he's got a really cool hobby: The Pasadena brainiac makes data sculptures on an epic scale.

In collaboration with designer Nik Hafermaas and programmer Jamie Barlow, Goods' latest piece, airFIELD, installed at Hartsfield-Jackson Atlanta International Airport, runs flight data through an app that spits out "on" or "off" signals to Frisbee-sized discs of liquid crystal suspended from the ceiling. Each time a jet takes off or lands, passengers are treated to a cascade of overhead lights synced to the flight's trajectory.

"We're not working with major data sets," Goods says. "It's basically: Have the planes landed? Have they taken off? And how far have they gone?' But it's interesting information and we're trying to show it in a poetic fashion. If you're sitting there waiting for two hours for your flight to Switzerland, then it gives you a sense of the heartbeat of the airport."

Prior to airFIELD, Goods curated Pasadena Museum of California Art's 2009 Data + Art exhibition, then joined Hafermaas and Google's Aaron Koblin to complete a San Jose International Airport installation in 2010. Titled eCLOUD, the piece uses weather data to activate thousands of hanging "smart glass" tiles that shift appearance every 20 seconds to reflect changing weather conditions.

Citing an MIT experiment that used solar wind activity to spin pinwheels, Goods says, "I liked the idea of taking arcane, weird data and making it into something physical. That kind of ambient data I think is really interesting because there's only so much you can see on a screen. I like the idea of experiencing data as something that's all-encompassing. How can you listen to data? How can you sense the physicality of data?"

Check out gallery for images, video and text deconstructing airFLIGHT, eCLOUD and other data-driven projects.

Images courtesy Dan Goods except where noted

Above: Arrivals and Departures Activate Atlanta Airport's airFIELD

Produced by UEBERSEE, the installation runs data provided by FlightAware tracking service through Dan Massey's custom C++ program. The application transmits electrical charges that instructs each single-pixel disc to become either opaque or translucent. "We were thinking about fluid dynamics, like grass blowing in the wind, and it had to work in three dimensions. It took a while to get the piece to feel like the airplane has just flown over your head, because that's what we wanted. We wanted it to feel as if you were standing at the end of the runway and these flights are flying over you and you're physically seeing the fluid dynamics of the aircraft as they go by."

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Mayim Bialik files to end 9-year marriage in LA

LOS ANGELES (AP) — Court records show Mayim Bialik filed for divorce from her husband of nine years on the same day she announced the couple’s split in a blog post.

She cited irreconcilable differences with husband Michael Stone in the documents filed Nov. 21 in Los Angeles.

Bialik currently stars on the CBS comedy “The Big Bang Theory” and rose to fame as the star of the TV show “Blossom.”

She has been a proponent of “attachment parenting” and the former couple have two sons together, ages 7 and 4. Bialik has said their parenting style was not a factor in the divorce and she is seeking joint custody of the children.

The 36-year-old wrote in her post last week that the divorce is “terribly sad, painful and incomprehensible” for children.

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Man Indicted in New Hampshire in Hepatitis Infections

A traveling medical technician who is believed to have infected at least 39 people with hepatitis C through his use of stolen hospital drugs and syringes was indicted late Wednesday in New Hampshire on 14 new charges.

The technician, David Kwiatkowski, known as the “serial infector,” was arrested in July and charged with tampering with a consumer product and illegally obtaining drugs, primarily fentanyl, a powerful anesthetic that is about 80 times more potent than morphine.

After a lengthy investigation that ranged over several states, he was indicted Wednesday by a federal grand jury in Concord, N.H., and charged with seven counts of tampering with a consumer product and seven counts of illegally obtaining drugs.

If convicted on the pending charges, Mr. Kwiatkowski, 33, faces up to 10 years in prison for each count of tampering with a consumer product and up to four years in prison for each count of obtaining controlled substances by fraud. Each offense is also punishable by a fine of $250,000.

Mr. Kwiatkowski had pleaded not guilty to the original charges and remains in federal custody in New Hampshire.

In announcing the indictment, John P. Kacavas, the United States attorney in New Hampshire, said that Mr. Kwiatkowski “used the stolen syringes to inject himself, causing them to become tainted with his infected blood, before filling them with saline and then replacing them for use in the medical procedure.”

He continued, “Consequently, instead of receiving the prescribed dose of fentanyl, patients instead received saline tainted by Kwiatkowski’s infected blood.”

The problem was discovered after several patients in the cardiac catheterization lab at Exeter Hospital, where Mr. Kwiatkowski worked, tested positive for a specific strain of hepatitis C, a chronic disease that can lead to cancer and is a major reason for liver transplants. Mr. Kwiatkowski tested positive for the same strain, leading to the testing of thousands of patients in New Hampshire this summer.

The outbreak was one of the largest in recent history. The investigation has been complicated because Mr. Kwiatkowski worked at 18 hospitals in seven other states (Arizona, Georgia, Kansas, Maryland, Michigan, New York and Pennsylvania) over the last decade. He was fired from at least two hospitals but was hired subsequently by four others.

Since Mr. Kwiatkowski’s arrest, thousands of patients in the other states have been tested for hepatitis C. More than 30 patients in New Hampshire, about a half-dozen in Kansas and one in Maryland have tested positive for the same strain.

A report in August by the federal Centers for Medicare and Medicaid Services said that syringes at Exeter Hospital were left unattended on medication carts by nurses in the cardiac catheterization lab.

Hospital officials have said that they received reports of concerns about Mr. Kwiatkowski but not that he was diverting drugs. A statement on the hospital’s Web site said: “We understand that this has been a difficult time for our patients and the community. Our focus remains on all of our patients and while this situation has shaken the community, we will continue to do everything we can to restore the community’s confidence by providing excellent care to the hundreds of patients who receive care within our health system each day.”

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Most Americans Face Lower Tax Burden Than in the 80s

What Is Fair?:
Taxes are still a hot topic after the presidential election. But as a country that spends more than it collects in taxes, are we asking the right taxpayers to pay the right amounts?

BELLEVILLE, Ill. — Alan Hicks divides long days between the insurance business he started in the late 1970s and the barbecue restaurant he opened with his sons three years ago. He earned more than $250,000 last year and said taxes took more than 40 percent. What’s worse, in his view, is that others — the wealthy, hiding in loopholes; the poor, living on government benefits — are not paying their fair share.

“It feels like the harder we work, the more they take from us,” said Mr. Hicks, 55, as he waited for a meat truck one recent afternoon. “And it seems like there’s an awful lot of people in the United States who don’t pay any taxes.”

These are common sentiments in the eastern suburbs of St. Louis, a region of fading factory towns fringed by new subdivisions. Here, as across the country, people like Mr. Hicks are pained by the conviction that they are paying ever more to finance the expansion of government.

But in fact, most Americans in 2010 paid far less in total taxes — federal, state and local — than they would have paid 30 years ago. According to an analysis by The New York Times, the combination of all income taxes, sales taxes and property taxes took a smaller share of their income than it took from households with the same inflation-adjusted income in 1980.

Households earning more than $200,000 benefited from the largest percentage declines in total taxation as a share of income. Middle-income households benefited, too. More than 85 percent of households with earnings above $25,000 paid less in total taxes than comparable households in 1980.

Lower-income households, however, saved little or nothing. Many pay no federal income taxes, but they do pay a range of other levies, like federal payroll taxes, state sales taxes and local property taxes. Only about half of taxpaying households with incomes below $25,000 paid less in 2010.

The uneven decline is a result of two trends. Congress cut federal taxation at every income level over the last 30 years. State and local taxes, meanwhile, increased for most Americans. Those taxes generally take a larger share of income from those who make less, so the increases offset more and more of the federal savings at lower levels of income.

In a half-dozen states, including Connecticut, Florida and New Jersey, the increases were large enough to offset the federal savings for most households, not just the poorer ones.

Now an era of tax cuts may be reaching its end. The federal government depends increasingly on borrowed money to pay its bills, and many state and local governments are similarly confronting the reality that they are spending more money than they collect. In Washington, debates about tax cuts have yielded to debates about who should pay more.

President Obama campaigned for re-election on a promise to take a larger share of taxable income above roughly $250,000 a year. The White House is now negotiating with Congressional Republicans, who instead want to raise some money by reducing tax deductions. Federal spending cuts also are at issue.

If a deal is not struck by year’s end, a wide range of federal tax cuts passed since 2000 will expire and taxes will rise for roughly 90 percent of Americans, according to the independent Tax Policy Center. For lower-income households, taxation would spike well above 1980 levels. Upper-income households would lose some but not all of the benefits of tax cuts over the last three decades.

Public debate over taxes has typically focused on the federal income tax, but that now accounts for less than a third of the total tax revenues collected by federal, state and local governments. To analyze the total burden, The Times created a model, in consultation with experts, which estimated total tax bills for each taxpayer in each year from 1980, when the election of President Ronald Reagan opened an era of tax cutting, up to 2010, the most recent year for which relevant data is available.

The analysis shows that the overall burden of taxation declined as a share of income in the 1980s, rose to a new peak in the 1990s and fell again in the 2000s. Tax rates at most income levels were lower in 2010 than at any point during the 1980s.

Governments still collected the same share of total income in 2010 as in 1980 — 31 cents from every dollar — because people with higher incomes pay taxes at higher rates, and household incomes rose over the last three decades, particularly at the top.

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British judge urges new press regulator due to hacking scandal

LONDON – In a highly anticipated and lengthy report, a senior judge Thursday recommended that a new, independent regulatory authority be set up to monitor Britain’s raucous press and to crack down on media abuses such as phone hacking and other unethical newsgathering practices.

Justice Brian Leveson said such a regulator was necessary because the press had at times “wreaked havoc in the lives of innocent people” through its intrusions on privacy and relentless pursuit of scoops.

The new regulatory body should be backed by law, but it should not include any politicians, in order to avoid government control of the press, nor any editors, in order to maintain full independence, Leveson said.

The regulator would replace a previous press complaints commission that is widely recognized in Britain to have been a failure, particularly with regard to the phone-hacking scandal. Evidence has emerged that hundreds of high-profile figures may have had their cellphones tapped by the now-defunct News of the World tabloid.

The scandal gave rise to a months-long, government-commissioned investigation into media culture and ethics by Leveson, who heard testimony from more than 300 witnesses.

The recommendations in his 2,000-page report are likely to please some hacking victims and satisfy demands of some lawmakers who say that Britain’s media, in particular its sensation-seeking and gossip-hungry tabloids, have been allowed to run amok.

But the news organizations themselves have expressed alarm over any form of regulation that has its roots in law and that, they fear, could be the first step toward government censorship. Although they recognize the need for oversight, many news outlets have pushed for a better system of self-regulation with no legal underpinning.

Leveson was eager to emphasize his respect for a free press and denied that his recommendations represented any threat to it.

“The press operating freely and in the public interest is one of the true safeguards of our democracy. As a result, it holds a privileged and powerful place in our society,” he told reporters. “But this power and influence carries with it responsibilities to the public interest in whose name it exercises these privileges. Unfortunately, as the evidence has shown beyond doubt, on too many occasions those responsibilities … have simply been ignored.”

The report has been eagerly awaited for months. As its release date neared, politicians and high-profile individuals dug in on either side, calling for laws to regulate the media or warning against them as an unacceptable infringement on a free press.

“As parliamentarians, we believe in free speech and are opposed to the imposition of any form of statutory control,” said a letter signed by 86 lawmakers. “The solution is not new laws but a profound restructuring of the self-regulatory system.”

A recent poll, however, found a majority of Britons in favor of some kind of regulation of the media backed by the force of the law.

The witnesses who appeared before Leveson included some of Britain’s best-known public figures, such as Prime Minister David Cameron. Actor Hugh Grant and "Harry Potter" author J.K. Rowling denounced media invasions of their privacy. Media baron Rupert Murdoch and other newspaper proprietors spoke about newsgathering practices.

The inquiry was launched last year after the hacking scandal exploded in the public consciousness with the revelation that the News of the World had tapped the voicemail messages of a missing 13-year-old girl, whose body was later found dumped in the woods by her killer.

Like a fast-spreading fire, the scandal quickly engulfed key pillars of British public life, putting the heat not just on tabloid newspapers but also the politicians who cozied up to them and the police who offered scoops in hopes of flattering coverage. Within days, the head of Scotland Yard resigned, as did one of Murdoch’s closest confidants, and the 168-year-old News of the World was shut down.

Three separate police investigations – into phone hacking, computer hacking and bribery of public officials – were spawned by the affair. Dozens of people, most of them journalists at Murdoch-owned publications, have been arrested.

Only a few hours before Leveson’s report was released, the former head of Murdoch’s newspapers in Britain and a onetime senior aide to Cameron appeared in court on charges of paying public officials for information.

ALSO:

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Making a Dirt Dog, Vol. 4: As the Bike Turns

Editor’s note: For those of you joining us late, Peter Rubin’s a roadie making his first foray into mountain biking. He knows nothing — seriously, zero — about that side of cycling, so he’s chronicling his adventures in the hope that others might learn from his inevitable mistakes.

It’s Day 2 at Gene Hamilton’s Better Ride skills camp. After a day in which I spent close to eight hours in a parking lot and about 15 minutes riding on a trail, I can’t say I was all that excited about waking up at 7 on a Saturday for more of the same. But there I was (albeit in a different parking lot). And this time, we were learning how to steer.

No, really.

So here’s what you don’t do on a bike when you want to go around the corner: turn the handlebars. Well, kind of. Under 6 mph or so, that’s really the only way to do it. But once you’re going faster than that, wrenching the wheel in a given direction means you’re about a half-second away from kissing pavement. The front wheel will just keep turning in that direction until it hits a right angle and you fly over the handlebars. Don’t believe me? Try it yourself.

Done?

What happens, you no doubt noticed, is that you didn’t kiss the pavement. Your bike actually swerved in the opposite direction. That’s because your body, purely instinctively, counteracts what your brain thinks you’re trying to do. (Give it up for self-preservation!) All of this is to say that turning the wheel is not how you turn. The thing is, you already know that — at least, your body does. You’ve internalized what’s commonly known as “countersteering,” which essentially means initiating a turn in one direction with the intention of going the opposite direction. But as Hamilton, who founded Better Ride, and coach Dylan Renn pointed out, it’s not so much steering in the opposite direction as it is applying pressure in the opposite direction. That is, if you want to make a sharp left turn, you apply pressure on the left handlebar. That initiates a turn to the right, after which your bike will lean left to compensate, and you can lean into a sharp left turn.

Now, this is no secret among road cyclists and motorcyclists. But the effect on mountain biking is a bit more pronounced because the crux of MTBing is to stay balanced above your bike no matter what. From front to back and left to right, your mass should be centered above your bottom bracket. That means that if your bike is going to be leaning to the left for a sharp left turn, you separate your body from the bike and allow it to lean without leaning along with it. Which leads us, conveniently, to the Better Ride cornering method.

1. Attack position. Always attack position.


2. Look into the turn. Building on the vision drills of Day 1, we learned how to look at the apex of the turn as we initiated cornering, so that we’d be looking well past the turn by the time we were actually mid-corner.


3. Initiate cornering via counterpressure.


4. Separate from the bike by straightening the arm to the inside of the turn, and rotating the outside hand forward over the handlebar just enough so that the outside arm is bent at a 90-degree angle. (If this sounds confusing, see this image from Better Ride’s Facebook Page).

After lunch, we took to the trail (only five hours after the day’s class began!) and climbed through Pearson-Arastradero Preserve to the top of a series of sweeping turns. They weren’t switchbacks — that’s a whole ‘nother set of skills, and one I’d learn on Day 3 — but certainly tight enough that going through them with a good head of steam would press into service all the techniques drilled into me in the parking lot. Dylan stood at the apex of one, Gene at the apex of another, and we took turns bombing down through the turns. And then again. And again. Attack position. Counterpressure. Separate from the bike. And I swear to you, every time I headed down anew, my smile was bigger than the time before.

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Palm Springs Fest gives Robert Zemeckis’ awards campaign a boost

LOS ANGELES (TheWrap.com) – Robert Zemeckis has been named Director of the Year by the Palm Springs International Film Festival, making the “Flight” director the latest awards hopeful to be honored by one of the two big January film festivals that double as campaign stops on the awards circuit.

The announcement by Palm Springs organizers came one day after the Santa Barbara Film Festival declared “Silver Linings Playbook” star Jennifer Lawrence the Outstanding Performer of the Year.

Palm Springs holds its awards gala on the first Saturday of the new year, which this year falls on January 5, two days after Oscar polls close. Santa Barbara spreads out its awards over a two-week period in late January, after Oscar nominations are announced but before final voting begins.

Both festivals jockey to assemble lineups of probable Oscar nominees, and both are lobbied by Oscar campaigners as they make their selections. The two festivals try to stagger their announcements so as not to compete with each other.

Besides Zemeckis’ award, Palm Springs has announced that it will honor Naomi Watts with the Desert Palm Achievement Award for Acting and Helen Hunt with the Spotlight Award.

In addition to Lawrence, Santa Barbara will give its Modern Master Award to Ben Affleck. Robert De Niro will receive the festival’s Kirk Douglas Award for Excellence in Film, an honor that is presented at a separate black-tie event in December rather than during the festival.

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Medicare Is Faulted in Electronic Medical Records Conversion

The conversion to electronic medical records — a critical piece of the Obama administration’s plan for health care reform — is “vulnerable” to fraud and abuse because of the failure of Medicare officials to develop appropriate safeguards, according to a sharply critical report to be issued Thursday by federal investigators.

Mike Spencer/Wilmington Star-News, via Associated Press

Celeste Stephens, a nurse, leads a session on electronic records at New Hanover Regional Medical Center in Wilmington, N.C.

Centers for Medicare and Medicaid Services

Marilyn Tavenner, acting administrator for Medicare.

The use of electronic medical records has been central to the aim of overhauling health care in America. Advocates contend that electronic records systems will improve patient care and lower costs through better coordination of medical services, and the Obama administration is spending billions of dollars to encourage doctors and hospitals to switch to electronic records to track patient care.

But the report says Medicare, which is charged with managing the incentive program that encourages the adoption of electronic records, has failed to put in place adequate safeguards to ensure that information being provided by hospitals and doctors about their electronic records systems is accurate. To qualify for the incentive payments, doctors and hospitals must demonstrate that the systems lead to better patient care, meeting a so-called meaningful use standard by, for example, checking for harmful drug interactions.

Medicare “faces obstacles” in overseeing the electronic records incentive program “that leave the program vulnerable to paying incentives to professionals and hospitals that do not fully meet the meaningful use requirements,” the investigators concluded. The report was prepared by the Office of Inspector General for the Department of Health and Human Services, which oversees Medicare.

The investigators contrasted the looser management of the incentive program with the agency’s pledge to more closely monitor Medicare payments of medical claims. Medicare officials have indicated that the agency intends to move away from a “pay and chase” model, in which it tried to get back any money it has paid in error, to one in which it focuses on trying to avoid making unjustified payments in the first place.

Late Wednesday, a Medicare spokesman said in a statement: “Protecting taxpayer dollars is our top priority and we have implemented aggressive procedures to hold providers accountable. Making a false claim is a serious offense with serious consequences and we believe the overwhelming majority of doctors and hospitals take seriously their responsibility to honestly report their performance.”

The government’s investment in electronic records was authorized under the broader stimulus package passed in 2009. Medicare expects to spend nearly $7 billion over five years as a way of inducing doctors and hospitals to adopt and use electronic records. So far, the report said, the agency has paid 74, 317 health professionals and 1,333 hospitals. By attesting that they meet the criteria established under the program, a doctor can receive as much as $44,000 for adopting electronic records, while a hospital could be paid as much as $2 million in the first year of its adoption. The inspector general’s report follows earlier concerns among regulators and others over whether doctors and hospitals are using electronic records inappropriately to charge more for services, as reported by The New York Times last September, and is likely to fuel the debate over the government’s efforts to promote electronic records. Critics say the push for electronic records may be resulting in higher Medicare spending with little in the way of improvement in patients’ health. Thursday’s report did not address patient care.

Even those within the industry say the speed with which systems are being developed and adopted by hospitals and doctors has led to a lack of clarity over how the records should be used and concerns about their overall accuracy.

“We’ve gone from the horse and buggy to the Model T, and we don’t know the rules of the road. Now we’ve had a big car pileup,” said Lynne Thomas Gordon, the chief executive of the American Health Information Management Association, a trade group in Chicago. The association, which contends more study is needed to determine whether hospitals and doctors actually are abusing electronic records to increase their payments, says it supports more clarity.

Although there is little disagreement over the potential benefits of electronic records in reducing duplicative tests and avoiding medical errors, critics increasingly argue that the federal government has not devoted enough time or resources to making certain the money it is investing is being well spent.

House Republicans echoed these concerns in early October in a letter to Kathleen Sebelius, secretary of health and human services. Citing the Times article, they called for suspending the incentive program until concerns about standardization had been resolved. “The top House policy makers on health care are concerned that H.H.S. is squandering taxpayer dollars by asking little of providers in return for incentive payments,” said a statement issued at the same time by the Republicans, who are likely to seize on the latest inspector general report as further evidence of lax oversight. Republicans have said they will continue to monitor the program.

In her letter in response, which has not been made public, Ms. Sebelius dismissed the idea of suspending the incentive program, arguing that it “would be profoundly unfair to the hospitals and eligible professionals that have invested billions of dollars and devoted countless hours of work to purchase and install systems and educate staff.” She said Medicare was trying to determine whether electronic records had been used in any fraudulent billing but she insisted that the current efforts to certify the systems and address the concerns raised by the Republicans and others were adequate.

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