{"id":15249,"date":"2018-04-09T15:40:20","date_gmt":"2018-04-09T23:40:20","guid":{"rendered":"http:\/\/associatednews.info\/content\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-reviews\/"},"modified":"2018-04-09T15:40:20","modified_gmt":"2018-04-09T23:40:20","slug":"ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-reviews","status":"publish","type":"post","link":"https:\/\/associatednews.info\/content\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-reviews\/","title":{"rendered":"Ky. Lawmakers Didn&#039;t Consult Federal Experts About Limiting Black Lung Claims Reviews"},"content":{"rendered":"<p><span style=\"font-style:italic;font-size:16px\">By  <a target=\"_blank\" href=\"https:\/\/www.npr.org\/sections\/thetwo-way\/2018\/04\/09\/600990115\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-revi?utm_medium=RSS&amp;utm_campaign=business\">Howard Berkes<\/a><\/span>  <\/p>\n<div class=\"ftpimagefix\" style=\"float:left\"><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/sections\/thetwo-way\/2018\/04\/09\/600990115\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-revi?utm_medium=RSS&amp;utm_campaign=business\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s800-c15.jpg\" alt><\/p>\n<div><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s1200.jpg\"><\/a><\/div>\n<div>\n<div>\n<div><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>\n                Excised and preserved lungs on display at the National Institute for Occupational Safety and Health in Morgantown, W.Va., in 2012, show the dramatic effect of black lung disease.<\/p>\n<p>                <b><\/p>\n<p>                    Howard Berkes\/NPR<\/p>\n<p>                <\/b><b><b>hide caption<\/b><\/b><\/p>\n<\/div>\n<p><b><b>toggle caption<\/b><\/b><\/div>\n<p><span><\/p>\n<p>        Howard Berkes\/NPR<\/p>\n<p>    <\/span><\/div>\n<\/div>\n<p><strong>Updated at 8 p.m. ET<\/strong><\/p>\n<p>The federal agency that trains, tests and certifies the physicians who read X-rays and diagnose the deadly coal miners&#8217; disease black lung said today it was not consulted by Kentucky lawmakers in the 14 months they considered a new law that mostly limits diagnoses to pulmonologists working for coal companies.<\/p>\n<p>As <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/2018\/03\/31\/598484688\/kentucky-lawmakers-limit-black-lung-claims-reviews-despite-epidemic\">NPR and Ohio Valley ReSource first reported<\/a>, the <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.lrc.ky.gov\/record\/18RS\/HB2.htm\">new Kentucky law<\/a> bans certified radiologists from reading X-rays used to award state black lung compensation. That leaves out radiologists with extensive experience in reading chest X-rays and diagnosing black lung, a disease caused by inhalation of coal and silica dust.  <\/p>\n<p>Instead, the law reserves that task for pulmonologists, and only six in Kentucky are certified to read black lung X-rays. Four of those six typically work for coal companies, according to an NPR review of federal black lung claims.<\/p>\n<p>Training, testing and certification are provided by the National Institute for Occupational Safety and Health, a federal research agency. The agency certifies &#8220;B readers&#8221; who are uniquely qualified to diagnose black lung based on X-rays.<\/p>\n<p>&#8220;NIOSH was not consulted about this bill,&#8221; said spokeswoman Christina Spring, who also provided the comparative pass\/fail rates of certified physicians who are required to take recertification exams.<\/p>\n<aside>\n<div><\/div>\n<\/aside>\n<p>&#8220;There is no evidence that <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blogs.cdc.gov\/niosh-science-blog\/2009\/06\/02\/xray\/\">performing ILO classification<\/a>, a standardized process for describing findings present on chest radiographic images used in evaluating black lung cases, is done differently by B Readers with medical backgrounds in radiology vs. pulmonology,&#8221; Spring said.<\/p>\n<p>In fact, radiologists have a slight edge with 90 percent passing the exams in the last 10 years, while 85 percent of pulmonologists were recertified.<\/p>\n<p><strong>Calling for repeal<\/strong><\/p>\n<p>&#8220;To have that established process superseded by legislators and a political process is inappropriate,&#8221; said Dr. William Thorwarth, CEO of the American College of Radiology.<\/p>\n<p>&#8220;This is a matter of life and death for many people,&#8221; Thorwarth added. &#8220;Politics should be left out of it.&#8221;<\/p>\n<p>Thorwarth also called on the Kentucky Legislature to repeal the changes, which came in larger &#8220;reforms&#8221; of the state&#8217;s workers&#8217; compensation law. <\/p>\n<p>The revised law is &#8220;off base,&#8221; said Bill Bruce, the executive director of the American College of Occupational and Environmental Medicine, a group representing 5,000 physicians who specialize in occupational and environmental injury, illness and disability.<\/p>\n<p>&#8220;There is no rationale for limiting X-ray interpretation to pulmonary physicians,&#8221; Bruce told NPR Monday.  &#8220;Qualified physicians in other specialties should be allowed to do so if they have demonstrated competency.&#8221;<\/p>\n<p>Coal miners in Kentucky suffering from black lung can seek <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/ohiovalleyresource.org\/wp-content\/uploads\/2018\/04\/black-lung-flow-mobile.jpg\">state <\/a>or federal compensation for black lung disease, although state benefits may be greater and easier to obtain.  <\/p>\n<p><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/2018\/02\/06\/583456129\/black-lung-study-biggest-cluster-ever-of-fatal-coal-miners-disease\">As NPR has reported<\/a>, the rate of the advanced stage of disease, known as complicated black lung, is at epidemic levels.<\/p>\n<p>State black lung claims in Kentucky have risen about 40 percent since 2014, according to an analysis of state data by Ohio Valley ReSource.<\/p>\n<p>The state Department of Workers&#8217; Claims reports that more than $3.3 million in black lung benefits went to coal miners in 2014.  <\/p>\n<p><strong>&#8220;Open to a better way of doing it&#8221;<\/strong><\/p>\n<p>The lead sponsor of the legislation was <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.lrc.ky.gov\/legislator\/H069.htm\">Rep. Adam Koenig<\/a>, a Republican and real estate agent from Erlanger, Ky., who told NPR he &#8220;relied on the expertise of those who understand the issue \u2014 the industry, coal companies and attorneys&#8221; during the 14 months he spent working on the changes.  <\/p>\n<p>In response to criticism of the law, Koenig said &#8220;not everyone who had a specific interest was involved. &#8230; I&#8217;m not sure I was even aware of NIOSH.&#8221;<\/p>\n<p>Koenig added that he is &#8220;open to a better way of doing it&#8221; and may seek a hearing on possible changes in the law during legislative interim committee meetings this summer and fall.<\/p>\n<p>&#8220;If the radiologists feel slighted, we&#8217;re going to talk about it,&#8221; he said. &#8220;And if they&#8217;re right, we&#8217;ll fix it.&#8221;<\/p>\n<p>Kentucky&#8217;s Legislature has completed its 2018 regular session except for addressing any vetoes by Republican Gov. Matt Bevin, who signed the workers&#8217; comp law that contains the new black lung provisions.  <\/p>\n<p><strong>Pulmonologists object<\/strong><\/p>\n<p>&#8220;For all practical purposes, this eliminates the state workers&#8217; compensation black lung program,&#8221; said Timothy Wilson, a Lexington attorney who represents coal miners.<\/p>\n<p>Wilson is also president of the Kentucky Workers&#8217; Association and participated in confidential negotiations focused on the black lung claims legislation.  <\/p>\n<p>&#8220;The coal industry was directly involved,&#8221; Wilson said, but he would not name the participants in the talks given an agreement that the discussions remain confidential.<\/p>\n<p>Even one of the nation&#8217;s leading groups on pulmonology and respiratory disease has criticized the Kentucky law and urged repeal.<\/p>\n<p>&#8220;This law seems to have been specifically passed to exclude physicians who are neutral&#8221; in assessing black lung disease, said Dr. Robert Cohen, a pulmonologist at the University of Illinois, Chicago who has spent 30 years focused on black lung disease.<\/p>\n<p>Cohen spoke on behalf of the American Thoracic Society, which represents more than 15,000 pulmonologists, physicians, other health care providers and researchers focused on respiratory disease.<\/p>\n<p>The Kentucky law &#8220;is a disservice to miners,&#8221; Cohen said. &#8220;It was ill-considered.&#8221;   <\/p>\n<div>\n<hr>\n<\/div>\n<p><em>Benny Becker is a reporter with <\/em><a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/ohiovalleyresource.org\/\">Ohio Valley ReSource<\/a>,<em> a regional journalism collaborative reporting on economic and social change in Kentucky, Ohio and West Virginia.<\/em><\/p>\n<p><strong><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n<p>Source:: <a href=\"https:\/\/www.npr.org\/sections\/thetwo-way\/2018\/04\/09\/600990115\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-revi?utm_medium=RSS&amp;utm_campaign=business\" target=\"_blank\" title=\"Ky. Lawmakers Didn&#039;t Consult Federal Experts About Limiting Black Lung Claims Reviews\" rel=\"nofollow\">https:\/\/www.npr.org\/sections\/thetwo-way\/2018\/04\/09\/600990115\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-revi?utm_medium=RSS&amp;utm_campaign=business<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"ftpimagefix\" style=\"float:left\"><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/sections\/thetwo-way\/2018\/04\/09\/600990115\/ky-lawmakers-didnt-consult-federal-experts-about-limiting-black-lung-claims-revi?utm_medium=RSS&amp;utm_campaign=business\"><img decoding=\"async\" width=\"150\" src=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s800-c15.jpg\" alt><\/p>\n<div><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s1200.jpg\"><\/a><\/div>\n<div>\n<div>\n<div><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/media.npr.org\/assets\/img\/2018\/04\/09\/black-lung-display-1cb27b4c30a5836c1263a2605aff93217b237928-s1200.jpg\">Enlarge this image<\/a><\/div>\n<\/div>\n<div>\n<div>\n<div>\n<p>\n                Excised and preserved lungs on display at the National Institute for Occupational Safety and Health in Morgantown, W.Va., in 2012, show the dramatic effect of black lung disease.<\/p>\n<p>                <b><\/p>\n<p>                    Howard Berkes\/NPR<\/p>\n<p>                <\/b><b><b>hide caption<\/b><\/b><\/p>\n<\/div>\n<p><b><b>toggle caption<\/b><\/b><\/div>\n<p><span><\/p>\n<p>        Howard Berkes\/NPR<\/p>\n<p>    <\/span><\/div>\n<\/div>\n<p><strong>Updated at 8 p.m. ET<\/strong><\/p>\n<p>The federal agency that trains, tests and certifies the physicians who read X-rays and diagnose the deadly coal miners&#8217; disease black lung said today it was not consulted by Kentucky lawmakers in the 14 months they considered a new law that mostly limits diagnoses to pulmonologists working for coal companies.<\/p>\n<p>As <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/2018\/03\/31\/598484688\/kentucky-lawmakers-limit-black-lung-claims-reviews-despite-epidemic\">NPR and Ohio Valley ReSource first reported<\/a>, the <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.lrc.ky.gov\/record\/18RS\/HB2.htm\">new Kentucky law<\/a> bans certified radiologists from reading X-rays used to award state black lung compensation. That leaves out radiologists with extensive experience in reading chest X-rays and diagnosing black lung, a disease caused by inhalation of coal and silica dust.  <\/p>\n<p>Instead, the law reserves that task for pulmonologists, and only six in Kentucky are certified to read black lung X-rays. Four of those six typically work for coal companies, according to an NPR review of federal black lung claims.<\/p>\n<p>Training, testing and certification are provided by the National Institute for Occupational Safety and Health, a federal research agency. The agency certifies &#8220;B readers&#8221; who are uniquely qualified to diagnose black lung based on X-rays.<\/p>\n<p>&#8220;NIOSH was not consulted about this bill,&#8221; said spokeswoman Christina Spring, who also provided the comparative pass\/fail rates of certified physicians who are required to take recertification exams.<\/p>\n<aside>\n<div><\/div>\n<\/aside>\n<p>&#8220;There is no evidence that <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blogs.cdc.gov\/niosh-science-blog\/2009\/06\/02\/xray\/\">performing ILO classification<\/a>, a standardized process for describing findings present on chest radiographic images used in evaluating black lung cases, is done differently by B Readers with medical backgrounds in radiology vs. pulmonology,&#8221; Spring said.<\/p>\n<p>In fact, radiologists have a slight edge with 90 percent passing the exams in the last 10 years, while 85 percent of pulmonologists were recertified.<\/p>\n<p><strong>Calling for repeal<\/strong><\/p>\n<p>&#8220;To have that established process superseded by legislators and a political process is inappropriate,&#8221; said Dr. William Thorwarth, CEO of the American College of Radiology.<\/p>\n<p>&#8220;This is a matter of life and death for many people,&#8221; Thorwarth added. &#8220;Politics should be left out of it.&#8221;<\/p>\n<p>Thorwarth also called on the Kentucky Legislature to repeal the changes, which came in larger &#8220;reforms&#8221; of the state&#8217;s workers&#8217; compensation law. <\/p>\n<p>The revised law is &#8220;off base,&#8221; said Bill Bruce, the executive director of the American College of Occupational and Environmental Medicine, a group representing 5,000 physicians who specialize in occupational and environmental injury, illness and disability.<\/p>\n<p>&#8220;There is no rationale for limiting X-ray interpretation to pulmonary physicians,&#8221; Bruce told NPR Monday.  &#8220;Qualified physicians in other specialties should be allowed to do so if they have demonstrated competency.&#8221;<\/p>\n<p>Coal miners in Kentucky suffering from black lung can seek <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/ohiovalleyresource.org\/wp-content\/uploads\/2018\/04\/black-lung-flow-mobile.jpg\">state <\/a>or federal compensation for black lung disease, although state benefits may be greater and easier to obtain.  <\/p>\n<p><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/www.npr.org\/2018\/02\/06\/583456129\/black-lung-study-biggest-cluster-ever-of-fatal-coal-miners-disease\">As NPR has reported<\/a>, the rate of the advanced stage of disease, known as complicated black lung, is at epidemic levels.<\/p>\n<p>State black lung claims in Kentucky have risen about 40 percent since 2014, according to an analysis of state data by Ohio Valley ReSource.<\/p>\n<p>The state Department of Workers&#8217; Claims reports that more than $3.3 million in black lung benefits went to coal miners in 2014.  <\/p>\n<p><strong>&#8220;Open to a better way of doing it&#8221;<\/strong><\/p>\n<p>The lead sponsor of the legislation was <a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/www.lrc.ky.gov\/legislator\/H069.htm\">Rep. Adam Koenig<\/a>, a Republican and real estate agent from Erlanger, Ky., who told NPR he &#8220;relied on the expertise of those who understand the issue \u2014 the industry, coal companies and attorneys&#8221; during the 14 months he spent working on the changes.  <\/p>\n<p>In response to criticism of the law, Koenig said &#8220;not everyone who had a specific interest was involved. &#8230; I&#8217;m not sure I was even aware of NIOSH.&#8221;<\/p>\n<p>Koenig added that he is &#8220;open to a better way of doing it&#8221; and may seek a hearing on possible changes in the law during legislative interim committee meetings this summer and fall.<\/p>\n<p>&#8220;If the radiologists feel slighted, we&#8217;re going to talk about it,&#8221; he said. &#8220;And if they&#8217;re right, we&#8217;ll fix it.&#8221;<\/p>\n<p>Kentucky&#8217;s Legislature has completed its 2018 regular session except for addressing any vetoes by Republican Gov. Matt Bevin, who signed the workers&#8217; comp law that contains the new black lung provisions.  <\/p>\n<p><strong>Pulmonologists object<\/strong><\/p>\n<p>&#8220;For all practical purposes, this eliminates the state workers&#8217; compensation black lung program,&#8221; said Timothy Wilson, a Lexington attorney who represents coal miners.<\/p>\n<p>Wilson is also president of the Kentucky Workers&#8217; Association and participated in confidential negotiations focused on the black lung claims legislation.  <\/p>\n<p>&#8220;The coal industry was directly involved,&#8221; Wilson said, but he would not name the participants in the talks given an agreement that the discussions remain confidential.<\/p>\n<p>Even one of the nation&#8217;s leading groups on pulmonology and respiratory disease has criticized the Kentucky law and urged repeal.<\/p>\n<p>&#8220;This law seems to have been specifically passed to exclude physicians who are neutral&#8221; in assessing black lung disease, said Dr. Robert Cohen, a pulmonologist at the University of Illinois, Chicago who has spent 30 years focused on black lung disease.<\/p>\n<p>Cohen spoke on behalf of the American Thoracic Society, which represents more than 15,000 pulmonologists, physicians, other health care providers and researchers focused on respiratory disease.<\/p>\n<p>The Kentucky law &#8220;is a disservice to miners,&#8221; Cohen said. &#8220;It was ill-considered.&#8221;   <\/p>\n<div>\n<hr>\n<\/div>\n<p><em>Benny Becker is a reporter with <\/em><a target=\"_blank\" rel=\"nofollow\" href=\"http:\/\/ohiovalleyresource.org\/\">Ohio Valley ReSource<\/a>,<em> a regional journalism collaborative reporting on economic and social change in Kentucky, Ohio and West Virginia.<\/em><\/p>\n<p><strong><a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/\">Let&#8217;s block ads!<\/a><\/strong> <a target=\"_blank\" rel=\"nofollow\" href=\"https:\/\/blockads.fivefilters.org\/acceptable.html\">(Why?)<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[],"class_list":["post-15249","post","type-post","status-publish","format-standard","hentry","category-business-2"],"_links":{"self":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts\/15249","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/comments?post=15249"}],"version-history":[{"count":0,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/posts\/15249\/revisions"}],"wp:attachment":[{"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/media?parent=15249"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/categories?post=15249"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/associatednews.info\/content\/wp-json\/wp\/v2\/tags?post=15249"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}