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Senators Grill Dr. Oz on Medicaid Cuts and Medicare Changes

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Senators Grill Dr. Oz on Medicaid Cuts and Medicare Changes

In a hearing on Friday, senators pressed Dr. Mehmet Oz, the TV celebrity nominated to head Medicare and Medicaid, on Republican-led proposals that would significantly affect the health care coverage for nearly half of all Americans.

At his confirmation hearing before the Senate Finance Committee, Dr. Oz bantered with senators in a friendly atmosphere, joking about basketball and allegiances to college teams. He largely escaped tough questions from either side of the aisle, displaying his on-air charm as he deflected Democrats’ most pointed concerns about potentially radical changes in health coverage for not only those 65 and older but also for poor children.

Many senators seemed distracted by the fierce debate over the Republicans’ budget deal to avert a government shutdown, and they dashed in and out of Dr. Oz’s hearing. But he is poised to sail through the Senate for confirmation as the next administrator of the Centers for Medicare and Medicaid Services, an agency with $1.5 trillion in spending.

Senator Elizabeth Warren, Democrat of Massachusetts, made a big deal of his financial conflicts before the hearing. But at the session, she did not press him on those issues. Instead, she focused on his views about whether private Medicare plans are overcharging the government, an area where she and Dr. Oz seemed to agree on the need to tackle potential fraud and waste.

Throughout the hearing, he displayed a facile knowledge of a variety of relevant agency issues, although he repeatedly reverted to stock answers that he would need to study the topic at hand more.

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Several lawmakers, mainly Democrats, tried to force Dr. Oz to express his views on the Trump administration’s goals to cut back on health care costs and agency budgets, but he repeatedly sidestepped those minefields.

“It is our patriotic duty to be healthy,” he told senators. “It costs a lot of money to take care of sick people who are sick because of lifestyle choices.”

This refrain is in line with the Make America Healthy Again movement championed by Robert F. Kennedy Jr., the new secretary of the Department of Health and Human Services, and Dr. Oz’s soon-to-be boss if he is confirmed.

Introductory remarks from Senator Ron Wyden, Democrat of Oregon, held out an initial promise of some challenging questions. He accused Dr. Oz of dodging almost $500,000 in Social Security and Medicare taxes in recent years by using a tax exemption related to limited partnerships, something Democrats concluded after reviewing Dr. Oz’s tax returns. But there were no follow up questions on it.

Mr. Wyden also raised the specter that he was going to grill Dr. Oz on his connection to TZ Insurance Solutions, a for-profit company that sells Medicare Advantage plans to older Americans. Dr. Oz has been a relentless promoter of these private plans, which have been criticized by lawmakers and regulators for systemic overbilling and denying patients care, on his show and YouTube channel.

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Dr. Oz, 64, is also a registered broker for TZ Insurance in states across the country, according to a recent investigation into his finances by The New York Times. Again, Mr. Wyden flagged the issue and did not follow up.

Despite concerns by Democrats that Dr. Oz would most likely roll back some of the rules meant to rein in the plans, he instead committed to strong oversight. He acknowledged that some of the brokers now selling these plans were “churning policies,” switching people from one plan to another, regardless of whether the change in coverage benefited them.

“Part of this is just recognizing there’s a new sheriff in town,” Dr. Oz said. “We actually have to go after places and areas where we’re not managing the American people’s money well.”

Several times in the hearing, Dr. Oz addressed bipartisan concerns over whether Medicare Advantage plans are overpaid. In response to questions from a fellow physician, Senator Bill Cassidy, Republican of Louisiana, Dr. Oz mentioned a study suggesting the federal government spends more on the private alternative to Medicare than the government-run program. “It’s upside down,” he said.

“We should examine whether some of the money should be reimbursed to the American people,” Dr. Oz said.

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He also expressed interest in solving some of the bipartisan concern over insurers’ use of prior authorization for approving medical procedures by reducing the number of services that would be subject to review.

Democrats seemed most frustrated by Dr. Oz’s stance toward Medicaid, the state-federal program that covers 72 million low-income Americans. “All my colleagues want to know, are you going to cut Medicaid?” asked Senator Maria Cantwell, Democrat of Washington.

But Dr. Oz, who has not spoken much about the program he would also oversee as head of the agency, did not answer directly. He said he did not know the details of the Republican budget discussions, in which lawmakers are looking at hundreds of billions of dollars in cuts that could result in people’s loss of coverage as it became more difficult to enroll and states had to shoulder more of the burden.

When questioned by Senator Raphael Warnock, Democrat of Georgia, about Republican efforts to add burdensome monthly paperwork for some people to show they should get benefits, Dr. Oz said he favored the work requirements that Republicans want to limit eligibility. But he agreed with the senator about making sure people who should be eligible for Medicaid were not cut off.

There were other subjects senators seemed to veer away from. For instance, Dr. Oz has made tens of millions of dollars over the years promoting dietary supplements, often without any mention of his financial interest. He has been paid by numerous medical and health firms for showcasing their products. Many of those companies would be affected by any decisions he would make as the administrator for the Centers for Medicare and Medicaid Services, and many already benefit from agency funding.

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Senator Maggie Hassan, Democrat of New Hampshire, asked him to put a dollar figure on exactly what he has made from promoting supplements on his daytime TV show. He said he was not paid anything. He started to explain that Sony Pictures distributed the show, and that it was the entity paid by these companies (which in turn paid him), but he was cut off. Ultimately, Ms. Hassan was unable to extract anything meaningful from him and moved on.

In the hearing, Mr. Wyden pressed Dr. Oz about the access granted to Elon Musk’s so-called Department of Government Efficiency to Americans’ private medical information. Mr. Wyden raised concerns about the need to protect people’s privacy given the department’s potential ability to view personal health and medical data. Despite his repeated questions, he said, the Trump administration had so far not addressed those concerns. Surprisingly, Dr. Oz said he had no discussions with the administration about what Mr. Musk’s team was doing as it inspected agency information, but he promised to “address what is going on.”

The measles outbreak in Texas and New Mexico has heightened concerns and leveled significant criticism at the response by Mr. Kennedy and the Trump administration. Senator Ben Ray Luján, Democrat of New Mexico, asked Dr. Oz whether he believed the measles vaccine was safe. Dr. Oz said he did, but when the senator followed up by asking whether it was effective, Dr. Oz stepped back and said that judging individual vaccines and their recommendations for use would not be under his purview but under that of the Centers for Disease Control and Prevention.

“My job, if confirmed, is to make sure we pay for those vaccines,” he said.

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Commentary: H-1B visas have always been a scam. Trump's changes won't fix the problem

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Commentary: H-1B visas have always been a scam. Trump's changes won't fix the problem

Among the government programs that produce more confusion than benefits, H-1B visas are right up there.

If you’ve been hearing about H-1B visas, it’s probably because President Trump abruptly changed its rules with a proclamation on Sept. 19.

As is typical of Trump’s shoot-from-the-hip policy-making, the proclamation produced an outbreak of fear and chaos, in this case among holders of the visas. That’s because it seemed at first that the administration was imposing a $100,000 fee not only on applicants for the visas, but on current holders reentering the U.S. from abroad, say from home leave or a business trip.

This is a de facto ban, as few organizations will be able to afford it.

— Robert D. Atkinson, Information Technology and Innovation Foundation

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Until the White House clarified that the charge would be a one-time fee for new H-1B applications, not charged annually or for renewals or reentry, holders were advised by some employers not to leave the U.S. for the present; those who were caught off-guard overseas scurried to get home by Sunday, when the fee began.

A Sept. 19 Emirates flight from San Francisco to Dubai had to abort its departure to allow several panicky passengers to debark, according to Bloomberg.

The administration’s subsequent assurances have quelled the panic. But the proclamation has created new befuddlements, including over whether it opens the door to illicit dealings between Trump and companies bidding for the visas, and whether it’s even legal.

As my colleagues Queenie Wong and Nilesh Christopher reported, there are concerns that “a selective application of the fee could be a way the White House can reward its friends and punish its detractors.”

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Importantly, there’s room to question whether the proclamation will solve long-standing problems with H-1B visas. So let’s take a look at the program’s malodorous history.

H-1B visas were created in 1990, under President George H.W. Bush, to relieve what high-tech companies asserted was a chronic shortage of U.S.-born workers in the STEM fields (science, technology, engineering and math).

The idea was to give highly-skilled foreign workers in “specialty occupations” the right to three years of U.S. residence renewable for a further three years — an opportunity to obtain permanent residency or even citizenship.

After a few rounds of tweaking, the annual cap on new applications was set at 85,000, including 20,000 holders of advanced degrees from U.S. universities. Higher education and nonprofit research institutions are exempt from the cap.

Things didn’t work out as anticipated. U.S. employers came to see the H-1B visas as tools to replace native-born technicians with cheaper foreign workers. Scandalously, some of the American workers were required as conditions of their severance to train the newcomers to do their jobs.

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I documented that practice at Southern California Edison in 2015. The giant utility acknowledged that the outsourcing of workers would cost the jobs of 500 technicians who did the work of installing, maintaining and managing Edison’s computer hardware and software for payroll and billing, dispatching and electrical load management.

Essentially, Edison was replacing domestic IT specialists earning $80,000 to $160,000 with workers provided by two India-based outsourcing firms, Tata Consultancy Services and Infosys, which were paying their recruits $65,000 to $71,000. By the time the outsourcing process was complete, Edison said, its IT expenses would fall by about 20%.

“They told us they could replace one of us with three, four, or five Indian personnel and still save money,” one laid-off Edison worker told me at the time, recounting a group meeting with supervisors. “They said, ‘We can get four Indian guys for cheaper than the price of you.’ You could hear a pin drop in the room.”

Then there’s the University of California, which announced in 2016 that it would lay off 49 career IT staffers and eliminate 48 other IT jobs that were vacant or filled by contract employees. The American workers were ordered to train their own replacements, who were employees of the Indian outsourcing firm HCL Technologies.

Although the visa law specified that hiring foreign workers would not harm American workers, “the H-1B program is most definitely harming American workers, harming them badly, and on a large scale,” Ronil Hira of Howard University, an expert in the visa program, told the Senate Judiciary Committee in 2015. “Most of the H-1B program is now being used to import cheaper foreign guestworkers, replacing American workers, and undercutting their wages.”

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The high-tech industry’s dirty little secret, I reported, was that the STEM shortage was a myth. The same companies wringing their hands over the supposed dearth of STEM-qualified workers were simultaneously laying them off by the tens of thousands. Indeed, experts in technology employment consistently found that “the supply of graduates is substantially larger than the demand for them in industry,” one told me. Anyway, a significant portion of H-1B recruits weren’t in jobs demanding unique skills, but workaday technicians.

Since 2020, the top employer of H-1B visa holders has been Amazon, with a total of 43,375 workers over that period — followed closely by the Indian outsource companies Infosys and Tata. In the current fiscal year, Amazon reigns, with more than 14,000 H-1B holders, followed by Tata, Microsoft, Meta Platforms, Apple and Google. I asked Amazon why it needs so many foreign workers and what work they do, but didn’t receive a reply.

The Indian outsourcing firms have dominated the H-1B system since at least 2009. For years their role has stoked controversy, in part because their employment practices have come under question.

In court, government prosecutors and civil plaintiffs have alleged that Infosys and Tata were exploiting the guest workers they brought to the U.S. Infosys settled federal fraud charges with a $34-million payment in 2013, the largest penalty in an immigration case at that time. The company denied the allegations.

That same year, Tata settled a class action lawsuit with a $29.8-million payment. The plaintiffs alleged that workers imported by Tata were forced to sign over their federal and state tax refunds to Tata, among other claims. The company didn’t admit wrongdoing.

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Over the years, the H-1B program has made for political controversy, though Congress hasn’t taken a firm hand in correcting its issues. Conservatives and progressives alike have found reason to complain that it undermines domestic employment. Near the end of his first term, Trump shut down H-1B issuance entirely, along with some other specialty visa programs, but his initiative was blocked in federal court.

But the program remains enormously popular in the high-tech world, which has long agitated for an expansion. Its fans include Elon Musk, who tweeted in December that “the reason I’m in America along with so many critical people who built SpaceX, Tesla and hundreds of other companies that made America strong is because of H-1B.” He underscored his position with a burst of profanity, but he did promise to “go to war on this issue,” although he acknowledged that some fixing is in order.

That brings us to the issues with Trump’s proclamation. Its shortcomings resemble those that prompted federal Judge Jeffrey S. White of Oakland to overturn Trump’s ban in 2020 in a case brought by the National Assn. of Manufacturers and the U.S. Chamber of Commerce, among others.

White ruled that the authority to change the terms of the visas belonged to Congress, not the president, and that the administration hadn’t evaluated the effect of the ban on the domestic economy, as federal law required. The case was rendered moot when Trump’s ban was reversed by President Biden. I asked the White House if it was concerned that this proclamation could also be blocked in court, but got no reply.

A bigger question concerns the ramifications of the $100,000 fee. “H-1B visa fees of this magnitude will strongly discourage the hiring of the most talented members of the global labor force,” says University of Chicago economist Steven Durlauf. Instead, the policy will create incentives to move high-tech and scientific activity to other countries, effectively offshoring economic activity that should occur in the U.S., he says.

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The fee is so high that only the biggest and richest employers will be able to pay it, locking out small start-ups that have tried to use H-1B visas to build their professional teams. The proclamation doesn’t make clear whether universities and research institutions will be exempt from the fee. Even financially well-endowed universities would find it hard to justify paying $100,000 to import a faculty member from abroad.

“This is a de facto ban, as few organizations will be able to afford it,” says Robert Atkinson, president of the Information Technology and Innovation Foundation, a high-tech think tank.

The White House says it intends to replace the current system, a random lottery apportioning available H-1B slots among all applicants, with one favoring applications to fill the highest-paid slots.

The proclamation states that H-1B abuses “present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields.” Never mind that students considering careers in scientific and technical fields are being profoundly discouraged by Trump’s freezes on research funding across the scientific landscape.

So the bottom line is that, as is usual, Trump’s H-1B policy works at cross-purposes with his other initiatives. For decades, the H-1B program has been ripe for fixing. If only the Trump White House took the time to craft a sensible repair.

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How Nexstar’s Proposed TV Merger Is Tied to Jimmy Kimmel’s Suspension

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How Nexstar’s Proposed TV Merger Is Tied to Jimmy Kimmel’s Suspension

ABC pulled Jimmy Kimmel’s late night show on Wednesday after conservatives expressed outrage over a monologue the host had given two days earlier.

Here’s an excerpt from Mr. Kimmel’s monologue:

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“We hit some new lows over the weekend with the MAGA gang desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them, and doing everything they can to score political points from it. In between the finger-pointing, there was grieving.

The suspension was the latest demonstration of how members of the Trump administration have been able to influence the operations of media companies without imposing new policies. In this case, a broadcaster that is pursuing a $6 billion merger, which must be approved by the Federal Communications Commission, put pressure on ABC before the network’s parent company, Disney, announced its decision to suspend Mr. Kimmel’s show.

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1:00 p.m. E.T. on Wednesday, Aug. 5

Podcast video circulates of the F.C.C. chairman threatening ABC and calling on local affiliates to pull Mr. Kimmel’s program.

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Hours before ABC made the announcement, the F.C.C. chairman, Brendan Carr, said on a right-wing podcast that local ABC stations should “push back” and “pre-empt” coverage that does not serve “their local communities.” (Pre-empting, in broadcast terms, refers to replacing programming with another show in advance of its airing.)

Mr. Carr also told the podcast’s host, Benny Johnson, that the F.C.C. might take action against ABC.

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“When you see stuff like this, I mean, look, we can do this the easy way or the hard way. These companies can find ways to change conduct and take action frankly on Kimmel or you know there’s going to be additional work for the F.C.C. ahead. …”

“I think that it’s really sort of past time that a lot of these licensed broadcasters themselves push back on Comcast and Disney and say, ‘Listen, we are going to pre-empt.’”

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6:11 p.m.

Nexstar, which owns ABC affiliate stations, announces it will not air Mr. Kimmel’s program.

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After the podcast interview, Nexstar, which owns 32 ABC affiliate stations, announced that it would “pre-empt ‘Jimmy Kimmel Live!’ for the foreseeable future,” and added: “Nexstar strongly objects to recent comments made by Mr. Kimmel concerning the killing of Charlie Kirk.”

Nexstar has good reason to try to appease the F.C.C. at the moment: In August, the company announced that it intended to buy one of its competitors, Tegna, which owns 13 ABC affiliate stations. But in order for the deal to go through, Mr. Carr and the F.C.C. would have to not only approve it, but also potentially raise the nationwide cap on the percentage of households a single entity’s television stations are allowed to reach.

Broadcasters have pushed the government for decades to raise or repeal the cap, which is currently set at 39 percent. If the Nexstar-Tegna deal goes through, Nexstar’s reach is likely to exceed the limit.

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Shortly after Nexstar’s announcement, Sinclair, a company that owns 31 ABC affiliate stations, said it would also suspend Mr. Kimmel’s program.

Of ABC’s 205 affiliate stations, 63 are owned by Nexstar and Sinclair, and another 13 are owned by Tegna.

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Sources: The Federal Communications Commission, ABC, Nexstar, Sinclair and Tegna.

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Note: Stations were cross-referenced between ABC’s and affiliates’ lists, and checked against F.C.C. records.

By The New York Times

Together, they make up about 37 percent of all of ABC’s local affiliates.

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Approximately 6:30 p.m.

ABC says it will suspend Mr. Kimmel’s program “indefinitely.”

Minutes after Nexstar’s announcement, and just hours after Mr. Carr’s podcast appearance, ABC announced that it was suspending Mr. Kimmel’s program “indefinitely.”

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It was unclear how big a role, if any, the plans for pre-empting by Nexstar played in Disney’s decision. (Sinclair did not publicly announce that it would also pre-empt the program until after Disney’s decision was made public.)

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7:00 p.m.

F.C.C. chairman thanks Nexstar on social media, shortly after the company announced it would pre-empt Mr. Kimmel.

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“I want to thank Nexstar for doing the right thing.”

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As the outrage over Mr. Kimmel’s comments grew, Robert A. Iger, Disney’s chief executive, along with a close lieutenant, had been hearing from worried advertisers, people familiar with the decision told The New York Times this week.

Last year, Mr. Trump sued ABC’s news division for defamation. ABC settled with the president in December, a rare and significant concession by a major news organization as the president grew increasingly antagonistic to media companies he viewed as critical of him and his allies.

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Before Mr. Kimmel’s show was set to begin taping Wednesday, the people familiar with Disney’s decision said, executives had grown concerned that another opening monologue could further inflame the situation. So they made the call for the show to go dark — at least temporarily.

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Disney, Universal and Warner Bros. Discovery sue Chinese AI firm as Hollywood's copyright battles spread

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Disney, Universal and Warner Bros. Discovery sue Chinese AI firm as Hollywood's copyright battles spread

Walt Disney Co., Universal Pictures and Warner Bros. Discovery on Tuesday sued a Chinese artificial intelligence firm called MiniMax for copyright infringement, alleging its AI service generates famous characters including Darth Vader, the Minions and Wonder Woman without the studios’ permission.

“MiniMax’s bootlegging business model and defiance of U.S. copyright law are not only an attack on Plaintiffs and the hard-working creative community that brings the magic of movies to life, but are also a broader threat to the American motion picture industry,” the companies state in their complaint, filed in U.S. District Court in Los Angeles.

The entertainment companies requested that MiniMax be restrained from further infringement. They are seeking damages of up to $150,000 per infringed work, as well as attorney fees and costs.

This is the latest round of copyright lawsuits that major studios have brought against AI companies over intellectual property concerns. In June, Disney and Universal Pictures sued AI firm Midjourney for copyright infringement. This month, Warner Bros. Discovery also sued Midjourney.

Shanghai-based MiniMax has a service called Hailuo AI, which is marketed as a “Hollywood studio in your pocket” and used characters including the Joker and Groot in its ads without the studios’ permission, the studios’ lawsuit says. Users can type in a text prompt requesting characters such as Yoda from “Star Wars” or DC Comics’ Superman, and Hailuo AI can pull up high quality and downloadable images or video of the character, according to the document.

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“MiniMax completely disregards U.S. copyright law and treats Plaintiffs’ valuable copyrighted characters like its own,” the lawsuit states. “MiniMax’s copyright infringement is willful and brazen.”

“Given the rapid advancement in technology in the AI video generation field … it is only a matter of time until Hailuo AI can generate unauthorized, infringing videos featuring Plaintiffs’ copyrighted characters that are substantially longer, and even eventually the same duration as a movie or television program,” the lawsuit states.

MiniMax did not immediately return a request for comment.

Hollywood is grappling with significant challenges, including the threat of AI, as companies consolidate and reduce their expenses amid rising production costs. Many actors and writers, still recovering from strikes that took place in 2023, are scrambling to find jobs. Some believe the growth of AI has threatened their livelihoods as tech tools can replicate copyrighted characters with text prompts.

Although some studios have sued AI companies, others are looking for ways to partner with them. For example, Lionsgate has partnered with AI startup Runway to help with behind the scenes processes such as storyboarding.

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