Before you hit the enter button to post a comment on your favorite blog, social media, or online site, be forewarned that if your comment can be proven in a court of law to contain a libelous statement about an individual or business you can be sued for damages.

As the Internet has become an increasingly popular reporting and social media tool, libelous claims have risen.  Two criteria apply.  If your post can be proven false, and proven that it was published with the intention of harming that entity’s reputation, the offended party has a case against you.

The defense tool you hold is the truth.  If what you are posting is the absolute truth and can be proven to be so, your post, no matter how damaging to a person or businesses’ reputation, is not libel.  Keep in mind, however, that defending your comment as truth can be difficult and expensive and in any legal claim, your position of “truth” is not assured.

So what happens if you are posting “anonymously”?  If you don’t know it by now, you are not as anonymous as you might think.  Your identity can be traced.  Numerous court cases have forced Internet Service Providers (ISP’s) to provide information and the IP address of known offenders.

So, before you post that comment, listen to my podcast for answers to the following questions:

• Do you have to use a persons name to be sued?
• Can you also be sued if you just agreed with the libelous comment?
• What is the statute of limitations for online defamation?
• Can the ISP and host website also be sued for libel?
• My caller, a public figure in her community, was falsely accused of having an affair.  Does she plan to sue the commenter?

https://joanjerkovich.com/2013/02/02/online-defamation-anonymous-online-personal-attack-dating-in-2013-part-2/

The Joan Jerkovich Show

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On this edition, Todd talks with Area Artist Bruce Burkholder.

If the video doesn’t appear below, you may watch it here.
The following is an unrehearsed, unedited conversation on film.

Todd Nelson is a 30 year communications veteran who has spent the last 23 years with Eagle Communications in Hays, KS.
He currently serves as the Social Media Sales Director for Eagle Communications.
If you would like to see someone specific interviewed, please reply below with your suggestion.

By Lt. Gov. Jeff Colyer, M.D. and House Minority Leader Paul Davis, Esq.

 It may be a surprise to see our names together in an opinion piece.  As Democrats and Republicans, we don’t always agree on issues like taxes or the budget.

But where we  do agree is that we want to make sure our state Medicaid program known as KanCare is compassionate and effective. Poor and disabled Kansans rely on Medicaid for medical care, nursing homes, home health, and long term care. Most importantly, if Kansans have issues navigating the program, we want to make sure their questions are answered quickly, so that they get the care they need.

For years, these programs have been confusing and hard to navigate for thousands of Kansans.  It was often hard to know who to call when you had a problem, so most times the issue went unresolved and undetected.  Or other times, the only way they could get resolved was to call your Legislator or the Governor.

We want to fix that.

On January 1^st, Kansas Medicaid became KanCare, affecting nearly 370,000 Kansans.  Under KanCare every Kansan who has Medicaid will have the choice of three insurers–Amerigroup, Sunflower and United.

A transition this big is hard, and there will be challenges.  We want to make sure patients are protected and providers continue to see those they serve.  After eight weeks, the transition has gone smoother than either of us expected, and we are dedicated to continuing this accountable transition.

To make sure Medicaid patients are protected, Kansans can change their insurer until April 4 and again at the end of this year.  Each KanCare insurer offers a different benefit plan, so one may be better for you.  Each of the health plans can be reached through their websites and assistance lines: Amerigroup, 800-600-4441; Sunflower, 877-644-4623; and United, 877-542-9238.  So far 99% of consumer inquiries have been resolved within two business days.

The state also has expanded its access lines.  Consumers can get their specific questions answered any time of day by calling the consumer assistance line at 866-305-5147. 

If providers like doctors and hospitals need assistance they can call 800-933-6593.  So far 1.1 million provider payments totaling more than $200 million have been paid to providers across the state.

Another avenue for public input is a twice-weekly operator-assisted conference call where consumers, their families and caregivers as well as providers can engage state officials and the leaders of the health plans on a personal level.  They can call in at 9 a.m. Mondays and Thursdays until February 28th to discuss their issue at 877-247-8650 and use ID code 79687456.  Issues and resolutions are posted on the KDHE website.

Another way to resolve issues is to call our new KanCare Ombudsman, James Bart, who can be reached at 855-643-8180.  Mr. Bart’s primary focus is on individuals participating in HCBS waiver program or other long-term care services.

We want to make sure there is accountability and input on every level of the program.  We support bills to provide oversight of KanCare by the Kansas Legislature.  The Kansas Department of Health and Environment has an advisory panel of citizens, providers, and stakeholders. Each insurer also implemented a similar advisory panel. And the Federal government is involved at every level too.

And as always, we encourage citizens to contact their legislators as well as either one of our offices with KanCare related questions at www.kancare.ks.gov.

Not only do these access points enhance person-centered care, they also enable the state and the three health plans to address issues head-on.  By creating a Medicaid program that is consumer and provider driven, we want a program that is responsive.  We don’t want the same problems to recur year after year.

As we transition nearly 370,000 Kansans into KanCare, we hope that you engage the process through and not assume that no one is there to help.  No one expects such a sizable transition to be issue-free, so we must work together to get the job done—because in Kansas, that is what we do.

Lt. Gov. Jeff Colyer, M.D. and House Minority Leader Paul Davis, Esq.

The most successful ones are highly intelligent, multi-talented and ooze charm.  They have an uncanny way of making success look easy.  They are also liars, thieves and cheats.  They are con artists.

One con man, whose name we all recognize, is Charles Ponzi (1882-1949).  Historically considered to be one of the most adept swindlers, his scheme paid early investors returns from the money collected from later investors.  The Ponzi scheme is named after him.  It can be a profitable scheme for a crook, until the rollercoaster crashes to the end of its run…just as it did with Bernie Madoff.

Madoff ‘s Ponzi scheme eventually defrauded investors of an estimated 18 billion dollars.   In June, 2009, he was sentenced to 150 years in prison for his brand of white dollar crime.  His sons testified against him telling authorities that their father confessed to running his asset management firm as a massive Ponzi scheme, and quoted him as describing it as “one big lie”.

Another notable current day con artist is Frank Abagnale.  The movie “Catch Me if You Can” portrayed his life of stolen identities wherein he portrayed himself as eight separate scam identities including a pilot, attorney, and pediatrician where his self-serving ruse almost cost the life of a sick child.  He was prosecuted and incarcerated in multiple countries before serving just five years in the US prison system.   Since his release, he works as a consultant to the FBI and has made a living lecturing on identity theft.

When large-scale tragedies occur, the con artists are quickly on the trail.  Posing as a relative of one of the young victims in the Sandy Hook School shooting, a 37-year-old woman solicited money for the child’s funeral fund.  She was arrested by the FBI for profiting from this con.

Con Artists often get what they want, be it money, prestige or power.  If you are their target, they have no conscience about taking whatever they can from you.   Yet, while many of them are quite successful, we must not forget the innocent victims they leave in their wake.

Have you ever been the victim of a con artist?  How do you identify a con artist?  If you can see them coming, you can take action to protect yourself from becoming a victim.  Listen to my podcast on “Beat the Con Artists at their Own Game” and learn more about these toxic people.

https://joanjerkovich.com/2013/01/05/beat-the-con-artists-at-their-own-game-plateau-after-losing-50-pounds-concerned-boyfriend-abusing-son/

January is National Cervical Cancer Awareness Month, and this year it is important for women to be aware of new cervical cancer screening guidelines. Both the Centers for Disease Control and Prevention (CDC) and the American Cancer Society no longer recommend that average-risk women get a Pap test every year.

According to the American Cancer Society, cervical cancer mortality rates among U.S. women decreased by almost 70 percent from 1955 to 1992 due in large part to the Pap test, which can detect disease in its early stages. Cervical cancer takes many years to develop and can be caught early enough with longer time intervals between Pap tests. Moreover, frequent screening can lead to unnecessary treatment procedures that can cause cervical damage. Therefore, the new screening guidelines from the American Cancer Society and U.S. Preventive Services Task Force for average-risk women are as follows:

• Starting at age 21, women should get a Pap test every 3 years.
• Between ages 30 and 65, a Pap test with human papillomavirus (HPV) co-testing is recommended every 5 years. This is the preferred approach, but it is acceptable to have a Pap test alone every 3 years.
• Women over age 65 who have had regular screening with normal results should not be screened for cervical cancer. Women over age 65 who have been diagnosed with cervical pre-cancer should continue to be screened.
• Women who have had their uterus and cervix removed in a hysterectomy and have no history of cervical cancer or pre-cancer should not be screened.
• Women should discuss their risk factors with their physician.

According to the CDC, almost all cervical cancers are caused by the human papillomavirus (HPV), one of the most common sexually transmitted diseases. HPV vaccines are now available that prevent the two HPV strains most likely to cause cervical cancer. Not all cervical cancer is prevented by the HPV vaccine; therefore, women are still recommended to get Pap tests.

The KDHE Early Detection Works (EDW) program provides breast and cervical cancer screenings for eligible women at no cost.

Eligible women are Kansas residents ages 40 to 64, without health insurance, who meet income guidelines. Women can enroll for these free screenings by calling toll-free 1-877-277-1368. Limited state funds are available for women under 40 who are experiencing breast or cervical problems. EDW pays for many diagnostic follow-up tests with free or affordable treatment available to women diagnosed with cancer while participating in the program.

For more information on the new cervical cancer screening guidelines, visit www.cancer.org or www.cdc.gov/cancer.

Many Kansans have made resolutions to quit tobacco use in 2013 and Ellis County Community Partnership is encouraging them to get free help and support from the Kansas Tobacco Quitline online www.KSquit.org or by phone 1-800-QUIT-NOW.

When Kansans are ready to quit tobacco, the Kansas Tobacco Quitline is ready to help online www.KSquit.org or by phone 1-800-QUIT-NOW (784-8669). The Quitline is a service provided at no cost to Kansas residents. Enrollment is available 24 hours a day, seven days a week (except major holidays) online or by phone. A counselor works with participants during emails, live chats or one-on-one phone calls to prepare for a quit date and create a plan to fight cravings and face other challenges. Follow-up emails, live chats or phone calls are arranged around participants’ schedules. Studies have found that using a tobacco Quitline can more than double a person’s chances of successfully quitting tobacco.

The Ellis County Community Partnership is a coalition based in Hays working to reduce tobacco use and its deadly effects. The ECCP has information on how to help reduce tobacco use and help people who use tobacco quit.  For more information contact Kari Sparks at the Regional Prevention Center of Northwest Kansas at 785-625-5521.

The Kansas Department of Health and Environment Tobacco Use Prevention Program provides resources and technical assistance to community coalitions for development of local tobacco prevention and cessation initiatives.  For additional information about the Kansas Tobacco Use Prevention Program visit www.kdheks.gov/tobacco.

President Vladimir Putin on Friday signed a bill banning Americans from adopting Russian children, part of a harsh response to a U.S. law targeting Russians deemed to be human rights violators.

Although some top Russian officials including the foreign minister openly opposed the bill and Putin himself had been noncommittal about it last week, he signed it less than 24 hours after receiving it from Parliament, where both houses passed it overwhelmingly.

The law also calls for closure of non-governmental organizations receiving American funding if their activities are classified as political – a broad definition many fear could be used to close any NGO that offends the Kremlin.

It was not immediately clear when the law would take effect, but presidential spokesman Dmitry Peskov was quoted by the Interfax news agency as saying “practically, adoption stops on Jan. 1.”

Children’s rights ombudsman Pavel Astakhov said 52 children who were in the pipeline for U.S. adoption would remain in Russia.

The bill has angered Americans and Russians who argue it victimizes children to make a political point, cutting off a route out of frequently dismal orphanages for thousands.

“Our unlucky children, our orphans are suffering because they became small change in a political game between two states. This is immoral, this is cannibalism,” veteran human rights campaigner Lyudmila Alexeyeva was quoted as saying by the state news agency RIA Novosti.

Vladimir Lukin, head of the Russian Human Rights Commission and a former ambassador to Washington, said he would challenge the law in the Constitutional Court.

UNICEF estimates that there are about 740,000 children not in parental custody in Russia while about 18,000 Russians are on the waiting list to adopt a child. The U.S. is the biggest destination for adopted Russian children – more than 60,000 of them have been taken in by Americans over the past two decades.

Russians historically have been less enthusiastic about adopting children than most Western cultures. Putin, along with signing the adoption ban, on Friday issued an order for the government to develop a program to provide more support for adopted children.

Lev Ponomarev, one of Russia’s most prominent human rights activists, hinted at that reluctance when he said Parliament members who voted for the bill should take custody of the children who were about to be adopted.

“The moral responsibility lies on them,” he told Interfax. “But I don’t think that even one child will be taken to be brought up by deputies of the Duma.”

The law is in response to a measure signed into law by President Barack Obama this month that calls for sanctions against Russians assessed to be human rights violators.

That stems from the case of Sergei Magnitsky, a Russian lawyer who was arrested after accusing officials of a $230 million tax fraud. He was repeatedly denied medical treatment and died in jail in 2009. Russian rights groups claimed he was severely beaten and accused the Kremlin of failing to prosecute those responsible; a prison doctor who was the only official charged in the case was acquitted by a Moscow court on Friday.

The U.S. law galvanized Russian resentment of the United States, which Putin has claimed funded and encouraged the wave of massive anti-government protests that arose last winter.

The Parliament initially considered a relatively similar retaliatory measure, but amendments have expanded it far beyond a tit-for-tat response.

Many Russians have been distressed for years by reports of Russian children dying or suffering abuse at the hands of their American adoptive parents. The new Russian law was dubbed the “Dima Yakovlev Bill” after a toddler who died in 2008 when his American adoptive father left him in a car in broiling heat for hours.

Russians also bristled at how the widespread adoptions appeared to show them as hardhearted or too poor to take care of orphans. Astakhov, the children’s ombudsman, charged that well-heeled Americans often got priority over Russians who wanted to adopt.

A few lawmakers even claimed that some Russian children were adopted by Americans only to be used for organ transplants or become sex toys or cannon fodder for the U.S. Army. A spokesman with Russia’s dominant Orthodox Church said that children adopted by foreigners and raised outside the church will not enter God’s kingdom.

The recent mass murders of the 20 children ages 6 and 7, with 6 of their educators in Newtown, Connecticut, has prompted me to put forth a challenge to the NRA.  Public sentiment is changing and if the NRA and its membership are unwilling to consider compromise, I fear that responsible gun owners will no longer be able to own guns of the type used in the mass murders in Newtown and Aurora, Colorado, where the 70 people were killed or injured.

We need the help of the NRA, now more than ever, to help protect our second amendment rights.

This is what I propose to the NRA.  First, help us ensure that ALL gun purchases require a background check.  As cited at Coalition to Stop Gun Violence, csgv.org, only six states require universal background checks on sales of ALL types of firearms sold at gun shows, commonly known as the “Gun Show Loophole”.  In addition, we need the NRA to support background checks for all guns sold through “private sales”.  Only two out of every five guns sold in the United States required a background check.  If we are to protect our children, that is unacceptable.

Second, consider restricting the carrying and use of ALL semi-automatic guns and large magazine clips, to licensed shooting ranges.  This will allow sportsman to still own and shoot these guns in a controlled environment.  My plan would outlaw keeping these guns in private homes, but I feel that is a small compromise where the safety of our children is concerned.

Link to my podcast “Challenging the NRA”:

https://joanjerkovich.com/2012/12/23/challenging-the-nra-3-year-old-avas-cancer-13-year-old-is-moms-secret-santa-a-teachers-generous-spirit/

Link to my blog:  A Mother’s Plea to the NRA, “Please help us protect our children!”

https://joanjerkovich.com/2012/12/26/a-mothers-plea-to-the-nra-please-help-us-protect-our-children/