Credit Breaches Are Hazardous to Your Financial Health

Published in Pawtucket Times, October 17, 2014

It seems to happen all the time. Just recently Target Corporation, Home Depot, Dairy Queen and Neiman Marcus – followed by Michaels, and more recently JPMorgan Chase and Kmart – found their data systems being breached. I thought that I had dodged the bullet from being a victim until last month when I received a letter from my local savings and loan warning me about a potential security breach affecting my credit card.

Data breaches and hacking annually affect millions of Americans, costing billions of dollars and countless hours for consumers to correct problems resulting from identity theft and fraud that results in their checks bouncing and being accessed late fees.
Data Breaches Not a Rare Occurrence

What exactly is a data breach? Simply put, a data breach occurs when a company’s database, typically containing customer information, is hacked by sophisticated malware programs that can infiltrate a company’s network, sometimes for months before being noticed.

“Not that long ago, we were taught to always know where your wallet or purse was to ensure we didn’t fall victim to a pickpocket. Yesterday’s common street thief is today’s computer hacker, and it is often months before you realized they’ve virtually picked your pocket,” said Attorney General Peter Kilmartin.

According to the Rhode Island Attorney General, his staff has been busy in the past year informing consumers about the data breaches at some of best-known retail and financial companies. He says last year, there were multiple reports of massive data breaches at the nation’s largest corporations. According to a recent survey, 43 percent of companies have suffered one data breach this past year, and 60 percent say they’ve been struck by multiple data breaches in the last two years.
“In today’s technology–driven and paperless retail marketplace, it is inevitable that some, if not all, of your personal and financial information – credit card and banking information, email, and social security number – will be compromised,” warns Kilmartin.

Congressman James Langevin has been a leader on the issue of cyber security, and is leading efforts inside the Washington Beltway. “Stories of public data breaches are becoming increasingly common, and if a Fortune 500 company is susceptible to these types of breaches, we can be sure that similar attacks are possible among other retailers and businesses,” said Congressman Jim Langevin, the co-founder and co-chair of the Congressional Cybersecurity Caucus. “I have been sounding the alarm on cybersecurity for years, and I fear the consequences if we delay any further the steps needed to strengthen our technology infrastructure,” said Langevin.

The Democratic lawmaker, serving the second congressional district since 1991, says, “I am particularly concerned about the potential for cyber attack against critical infrastructure, including our power grid, wastewater management and banking and health care systems, just to name a few. All of these essential services are tied into technology, and it is going to take both a strong commitment from government and a continued partnership between public and private industry in order to get us where we need to be on cyber security. Securing these networks must be a priority, and I believe it is a crucial component of our national and economic security strategies.”

Kilmartin says make no doubt about it, data breaches are a crime, but law enforcement has significant hurdles to overcome when investigating cyber crimes. “Companies that have been targets of recent data breaches are working with federal law enforcement authorities to investigate how the breach happened and who is responsible,” he notes, stressing that early evidence shows that most of the sophisticated criminal enterprises that commit cyber crimes operate outside of the United States, often in Eastern Europe. “The hackers are out of the reach of traditional law enforcement and US Courts, but that has not stopped local, state and federal authorities from investigating,” he says.

Consumers Must Become Their Own Watchdog

“Consumers in today’s world need to continually monitor their electronic purchases, their personal medical information, as well as their banking records. Consumers can follow all the rules to protect their information, and if a business or other entity entrusted with this information is vulnerable, consumers, through no fault of their own, can still be impacted. Many times, a consumer’s first contact with law enforcement may be dealing with the aftermath of a data breach or identity theft. Please know that we are there to help you and will thoroughly investigate to resolve these crimes,” stated Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police.

Kilmartin also confirmed that he and attorneys general in several states are looking into these data breaches and hope to get answers from the companies targeted as to how and why they took place. “There are multi-state investigations by attorneys general into how these companies left consumer information vulnerable to an attack,” he said, noting, “as consumer advocates, we are determined to get to the bottom of these data breaches and to work with the companies to better protect the consumer.”

Kilmartin believes it is up to consumers to be their own watchdog: “While companies and law enforcement officials are trying to put an end to this trend, the only way someone can protect themselves is to be vigilant in monitoring their personal and financial information. And by that, I mean check your banking and credit card statements regularly and limit how much information you share with companies.”

Keeping Credit Card Thieves At Bay

Kilmartin says, “I always tell consumers that the best way to protect yourself from scams is education. Being wary of potential scams, and being a savvy consumer is the best way to stop a scam artist in their tracks.” He offers the following common sense tips to protect your credit:

Check your credit card and debit card statements regularly, and on a line-by-line basis. One may think to only look for large unauthorized charges, but thieves may place a small charge – only a few dollars – to check if the card is active. If that charge goes unnoticed, thieves will then make a large unauthorized purchase. Report all suspicious charges, no matter how small. And, check your statements every day if possible. “It may be too late to recoup some or all of your money if you don’t report it immediately,” said Kilmartin.

If you notice an unauthorized charge, report it to your financial institution immediately, cancel the card and have the bank issue you a new one.

Kilmartin recommends consumers take advantage of free credit monitoring many affected companies are offering. “Companies who have been impacted by a data breach don’t want to lose customer loyalty. Many offer up to one free year of credit monitoring for any consumer who shopped there during the breach,” he adds.

Consider adding a fraud alert to your credit report file to protect your credit information. A fraud alert can make it more difficult for someone to get credit in your name because it tells creditors to follow certain procedures, which may include contacting you directly, before authorizing the credit card, says Kilmartin, noting that while this may delay your ability to obtain credit immediately, it will protect you from someone fraudulently opening a credit card in your name.

Kilmartin urges Rhode Islanders to be suspicious of emails, phone calls, or text messages claiming to be from your bank or a retailer you shopped at. Hackers may not have gained access to all the information they need, and will often use the information they do have, like name, date of birth or credit card number to convince you to part with even more sensitive information, such as passwords or social security numbers. When in doubt, call your financial institution directly with questions. The phone number is usually on the back of credit cards and debit cards.

Update your computer’s anti-virus software. Just as hackers have wormed their way into secure databases at large-scale companies, they can worm their way into your computer.

Change your passwords. The most basic way to stop an intruder is to lock the door. Set strong passwords and don’t reuse them for different accounts, especially for accounts that involve your banking or credit card information.

Go “old school” and pay with cash or check. While we have become accustomed to using credit and debit cards to make everyday purchases, every company still takes U.S. currency.

Under federal law, you are entitled to one free copy of your credit report every 12 months from each of the three nationwide credit reporting agencies. You may obtain a free copy of your credit report by going to http://www.annualcreditreport.com or by calling (877) 322-8228.

Herb Weiss, LRI ’12, is a Pawtucket writer who covers aging, health care, and medical issues. He can be reached at hweissri@aol.com.

Delegates Head to D.C.

Published in Senior Digest on December 2005

Forty-seven years ago, Rhode Island Congressman John Fogarty successfully pushed legislation through Congress to create a national conference on aging issues. As a result of his forethought, the fifth White House Conference on Aging (WHCoA) will be held this month.

Scheduled every 10 years this nationwide citizens’ forum focuses public attention on aging issues and consolidates all the policy recommendations originating from the WHOCoA into a report sent to the president and Congress.

According to WHCoA staff, leading up to this conference scheduled for Dec. 11-14, there have been approximately 400 local, state and national events held across the nation, involving more than 130,000 people. The events included WHCoA listening sessions, solution forums, mini-conferences and independent aging agenda events.

The theme for the 2005 WHCoA is “The Booming Dynamics of Aging: From Awareness to Action.” The them reflects the changing face of aging in America. The conference, mandated by the Older Americans Act, focuses on the interests and needs of current seniors as well as the 78 million baby boomers who will begin to turn 60 in 2006. (Rhode Island is home to more than 152,000 seniors who are 65 and older and has the sixth highest concentration of people in this age category in the nation).

Corinne Calise Russo, director of the state Department of Elderly Affairs (DEA) said her staff gathered information about the concerns of seniors by conducting listening sessions during May and June to in Newport, Cranston, Wakefield and Woonsocket.  Russo said 150 seniors attended.

There were seven members of the Rhode Island delegation attending the WHCoA. Russo was appointed to attend the upcoming conference by Gov. Donald Carcieri. She said her experience as a 1995 delegate was “very exciting” and that she is looking forward to going back to D.C>

Other delegates are: Kathleen Connell, director of AARP Rhode Island appointed by U.S. Sen. Jack Reed; Joan Crawley, director of the Leon A. Mathieu Senior Center in Pawtucket appointed by Congressman Patrick Kennedy :William Finelli, a retired teacher and librarian appointed by appointed by U.S. Sen. Lincoln Chafee; Ann Gardella, chairwoman of the state Commission on Aging appointed by Gov. Carcieri;  Angelo Rotella, chairman of the American Health Care Association and a nursing home owner, appointed by Congressman James Langevin; and Dr. Terrie Fox Wetle, associate dean for public health and policy at Brown Unversity and policy at Brown University; appointed by WHCoA officials.

According to Russo, the grassroots input gathered at the four listening sessions was hammered out into nine policy recommendations at a resolution development workshop in September. The 12-page  document was forwarded to the WHCoA policy committee charged with planning the agenda for the conference. That committee will bring 50  resolutions gathered from pre-WHCoA events to the conference floor for a vote.

“The submitted resolutions would have to impact the largest number of seniors and also translate into issues that would affect a large number of baby boomers,” Russo noted.  She believes that some of Rhode Island’s resolutions have a good chance of being selected for consideration by the delegates.

“It is probably the one opportunity in a 10-year period of time that local advocates and seniors from Rhode Island can provide input that could become national policy that could effect future generations of seniors,” the DEA director said.

Russo says that it is important to plan for future generations of people who will choose to remain at home for the rest of their lives. She noted that the No. 1 priority that came out of Rhode Island’s listening sessions was the need to provide for a continuum of care to keep older persons in the community.

Other resolutions include a call for increased access to employment opportunities for seniors, supporting caregivers, adequate funding for chronic disease management programs with an emphasis on prevention and maintaining the independence of older disabled adults by providing programs and services to allow them to successfully “age in place.”

In 1995, the number of delegates was almost double the umber that will be attending the 2005 WHCoA. But Russo has no concerns that this reduction of delegates will diminish seniors’ input and the quality of recommendations that come out of the conference. “Every state this year was concerned with the reduction of delegates,” she said, noting that what it ultimately did was provide the opportunity to gain input form older people and baby boomers via the listening sessions.

Connell does not believe that the WHCoA report will sit on a dusty shelf in federal agencies or in the offices of bureaucrats.

“Much of the future policy direction of the country will be affected by this final report. Because of this, the report carriers the weight of its congressional mandate,” she said.

State Wants its Resolution Debated in Washington

The state Department of Elderly Affairs (DEA) submitted nine resolutions to the White House Conference on Aging Policy Committee. It is hoped that the Policy Committee will recommend some of the resolutions for consideration during the conference. The resolution for national policies that:

  1. Establish standards for Medicaid coverage of both facility-based and community-based services; long-term care insurance portability; incentives for excellent care; federal support for assisted technology; an aggressive campaign to educate employers, caregivers and the public about community-based health care and social service options; state and federal coordination of services.
  2. Encourage employees through incentives to: hire and retain older workers; offer flexible work schedules; allow older workers to buy into benefits and adopt attitudes that value the older workers.
  3. Support proactive and informed retirement and long-term care planning for seniors and caregivers, including tax incentives for professionals who look after or provide services to the elderly.
  4. Establish comprehensive care programs for diverse elders, including education about prevention; accessible immunizations, screenings and treatments without regard to ability to pay; nontraditional culture-specific treatments; culturally sensitive end of life care; and an initiative to require that cultural proficiency be included in basic medical education.
  5. Encourage a proactive approach to the conversation within families regarding the preferences and responsibilities of care giving; mandate the Family Medical Leave Act for all workplaces; support caregivers through tax breaks and other financial incentives; design services that are more sensitive to the needs of caregivers.
  6. Promote flexibility and innovation in services, provide adequate same-day urgent medical transportation; support volunteer driver programs; expand community options such as delivery services and coordinated group trips to consumer destinations; and improve coordination of exiting public transportation.
  7. Address education about healthy lifestyles , which government should support along with chronic disease management. The support should include subsidized gym members and  home adaptation.
  8. Form a task force to review and revise standards of the Adults with Disabilities Act (ADA) to more closely reflect the needs of disabled adults; promote aggressive publicity and posting of ADA standards.
  9. Develop a response to housing needs for the next three decades that will include education of caregivers and baby boomers about housing options and the need for long-term financial planning; incentives for universal design to support aging in place, proximity to services; a commitment to esthetics and opportunities for social interaction.

Bill Seeks to Soften Impact of Medicare Cuts

Published in Pawtucket Times on September 23, 2002

One week to go before the new federal Medicare cuts go into effect – cuts that will slash $1.7 billion in 2003 funding for the developmentally disabled and frail seniors in nursing facilities.

According to the American Health Care Association (AHCA), over the next two year’s cumulative Medicare cuts, called the “Medicare Cliff,” will total a whopping $5.2 billion.

Meanwhile, AHCA, representing 12,000 nonprofit long-term care providers, has been lobbying Congress for federal relief from the draconian reductions.

A new ad appearing in the Capitol Hill newspaper, Roll Call, reminds lawmakers that the upcoming cuts could lead to reduced nurse staffing and puts residents at risk.

In the upcoming November elections, voters might just get riled up too, over Medicare being cut by 10 percent, says AHCA.

The Roll Call ad notes a recent national survey of 800 persons found that 84.6 percent of the respondents opposed cutting Medicare funding for nursing facility care by 10 percent.

Additionally, 64.1 percent were less likely to vote for a candidate running for Congress if they knew that the candidate “voted to cut Medicare funding for nursing facility for nursing facility care by billions.”

Charles H. Roadman, II, M.D., AHCA’s president and CEO noted that a recent study by the University of North Carolina School of Public Health confirms the devastating impact of the impending Medicare cuts.

The study says that cuts could lead to reduced numbers of staff caring for seniors in nursing facilities, thus jeopardizing quality of care.

“At a time when the Centers for Medicaid and Medicare Services (CMS) and nursing care providers are actively pursuing efforts to improve the quality of care in nursing facilities throughout the nation, new federal cuts to Medicare are inconsistent with achieving this important goal,” says Dr. Roadman.

Roberta Hawkins, executive director of the Alliance for Nursing Home Care and state ombudsman agree with Roadman’s assessment.

“Huge Medicare cuts pull the carpet from under the federal quality initiatives that take effect across the country in October,” she tells All About Seniors. “The right hand of the federal government does not seem to know what the left hand is doing.”

According to Hawkins, the staffing shortage in Rhode Island is having a drastic impact on the quality of care delivered to more than 10,000 residentes.

“The upcoming Medicare cuts combined with an outdated Medicaid payment system will only further compromise patient care in the Ocean State,” she says.

U.S. Rep. James Langevin and House colleagues today announced a legislative fix that would delay scheduled cuts for nursing facilities and assisted living facilities in Rhode Island.

Langevin is co-sponsoring the Medicare Skilled Nursing Beneficiary Protection Act, sponsored by Congressman Tom Allen (D-ME), that would extend Medicare reimbursement add-ons for three years, through 2005, to allow the Bush administration more time to implement an adequate reimbursement formula for skill nursing facilities.

Langevin and the other bill sponsors hope this new timetable will obviate the need for further cuts in Medicare reimbursement rates, which would place severe financial burdens on nursing facilities.

Langevin stated that unless Congress acts this year, Medicare funding for skilled nursing care will be cut by 10 percent in 2003 and 19 percent in 2004 – translating to cuts of nearly $ 35 per patient per day in 2003 and $68 in 2004.

The Rhode Island congressman believes that in the Ocean State, the Medicare cuts will be even greater than the national average totaling $ 38.81 in 2003 and $ 76.90 in 2004.

“Difficult decisions were made in 1997 with passage of the Balanced Budget Act, and some of the changes were not implemented as Congress intended,” Langevin said. “The Medicare Skilled Nursing Beneficiary Protection Act will postpone further cuts and ensure that critical funding remains available for thousands of Rhode Islanders who rely on skilled nursing services.”

According to Langevin in mid-1998, the new Medicare prospective payment system (PPS) was implemented for skilled nursing care, as mandated in the 1997 Balanced Budget Act (BBA).

He noted that the new system resulted in cuts far deeper than intended by Congress.

In 1999 and 2000, Congress temporarily restored some of the unintended cuts as part of the Balanced Budget Refinement Act (BBRA) and the Benefits Improvement and Protection Act (BIPA).

These temporary add-ons helped restore beneficiary access to care, but overall Medicare funding levels for skilled nursing facilities continue to be below BBA projections, Langevin said.

“I am wholly committed to making the restorations of 1999 and 2000 permanent,” he said.

“We cannot turn our backs on a generation who built and defended the very foundation of this nation. They answered the call of our nation -now we must answer theirs.”