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KLMNO

THE FED PAGE

His Loopiness is out, but don’t blame us

W

e’ve gotten several phone calls from Japanese reporters about

Wednesday’s resignation of

Prime Minister Yukio Hatoyama

after just eight months in office. The reporters implied that a mid-April Loop column — the one dubbing him “the biggest

loser” at President Obama’s

nuclear summit and referring to him as “hapless” and “increasingly loopy” — somehow hastened his departure. Seriously, now. We have photographic evidence that blatant sartorial criminality was without question the proximate cause of his demise — okay, in addition to that dispute with Washington over the U.S. military base in Okinawa. A photo taken April 4, 10 days before the column in question appeared, shows the prime minister at what was described as a “meet the people” barbecue decked out in a 1980s multicolored shirt. The checkered shirt has one yellow sleeve and one blue one, a red front, a purple back, and green cuffs. Hatoyama wore a black turtleneck underneath. The outfit prompted a prominent fashion critic to wonder in print whether there was “anyone able to stop him wearing such a thing.” (In this country, that shirt alone would have been grounds for impeachment.) “His ideas and philosophy are old,” the critic wrote in a national magazine. “Japan is facing a crisis, and we can’t overcome it with a prime minister like this.” Worse, Hatoyama was a serial couture offender. In May, he visited Okinawa, sporting what a BBC report called a “garish yellow shirt, the color adopted by local protesters” to tell them the base would indeed be staying on the island after all, despite his campaign pledge to get it moved. On another occasion, he wore a white shirt with red hearts that he apparently thought went smashingly with a pink blazer. The Loop column may have caused a fuss in Japan — apparently in part because readers mistook it to be the official view of The Washington

briefly in Quito, Ecuador, next week as part of her Latin America tour in conjunction with the 40th general assembly meeting of the Organization of American States in Lima, Peru. She’s meeting in Quito with

AL KAMEN

In the Loop

Post itself — and in part because our assessment fit a narrative that was already gathering steam. The train wreck was inevitable.

Work, don’t run

Who knew the White House had a special employment office for people challenging administration-favored candidates in Democratic primaries? It’s the Special Handler for Offering Virtual Employment, or SHOVE. But the once-secret operation is off to a terrible start. Could be even worse than the Orioles’ 0-21 run in ’08.

First there was that truly weird — and still murky — offer of a job to Rep. Joe Sestak (D) so he’d drop out of the Senate race in Pennsylvania and let

incumbent Arlen Specter

(R-turned-D) lose in November to Rep. Pat Toomey (R). But Sestak couldn’t take any administration job unless he abandoned not only his Senate race but also his House seat (separation of powers and all that). So, what did they offer him? Secretary of defense? Vice president? Then the SHOVE dangled three jobs before their non- favorite Senate candidate in

Colorado, Andrew Romanoff:

deputy administrator for Latin America at the Agency for International Development, director of the AID office for democracy and head of the backwater U.S. Trade Development Agency. Romanoff may have once been interested in AID , maybe because he didn’t know it was the equivalent of a failed state, but he must have figured that out.

Guys. You gotta offer jobs

worth quitting for: For example, special assistant to the

JIJI PRESS/AGENCE FRANCE-PRESSE/GETTY IMAGES

Yukio Hatoyama followed the adage “Dress for the job you want, not the job you have.” Presumably he’s applying to Ringling Bros. (To see his shirt in full, hideous color, go to washingtonpost.com/intheloop.)

ambassador to Italy for restaurant selection. Who’d turn that down? Let’s see: Summer visits to Lake Como or to Ordway, Colo.?

Do we know? Dunno.

Stop worrying. The

government’s getting a handle on the extent of the gulf oil spill. The U.S. Geological Survey now has “preliminary estimates” of the daily flow of oil from the BP well at between 12,000 and 19,000 barrels per day. But the new report cautions, “To the extent that there are other unknown processes that remove oil naturally from the system that are unaccounted for, there may be ‘unknown unknowns’ in this analysis as well.” So there could be more oil gushing out. Great.

When did Don Rumsfeld, who was known for his own unknowns, start working for the USGS?

A drop-in

Sometimes high diplomacy requires elaborate and lengthy preparations before the “principals” actually meet. Other times it resembles arranging your kid’s sleepover. So Secretary of State Hillary

Rodham Clinton is stopping

Ecuadoran President Rafael Correa to talk about “regional matters and commerce,” the Associated Press Spanish wire service reported, citing an article in the newspaper the Citizen. Correa explained to the

official government newspaper how the meeting was arranged. Seems Assistant Secretary of State for Latin America Arturo Valenzuela “called me a few days ago,” Correa said, “and told me that Hillary wanted to visit Ecuador and I told him she’s welcome” to come on by. Maybe chug some canelazo, an

Ecuadoran drink made with aguardiente? Maybe then a fine dinner with a traditional ceviche starter of shrimp in tomato sauce with popcorn, and perhaps some yummy tronquito (bull penis soup).

Party time

Speaking of Clinton, mark your calendars! She and Bill and Chelsea are hosting a get- together June 30 at their home here in honor of the upcoming nuptials of her longtime aide

Huma Abedin and Rep. Anthony

Weiner (D-N.Y.). Invite doesn’t specify attire, but dress appropriately — we’re thinking suit and tie for the gentlemen and maybe elegant linen dress for the ladies. Alas, we have a prior engagement.

kamena@washpost.com

Big buildings cost too much

A Government Accountability Office report finds that most new federal courthouses waste space and money. B3

Crises mean

a lot of work

National Security Council staffers Heidi Avery and Richard Reed, the White House’s first responders, have been busy. B3

MEMBERS OF HEALTHCARE PLANS INSURED OR ADMINISTERED BY UNITED HEALTHCARE CORPORATION (NOW KNOWN AS

UNITEDHEALTH GROUP), INGENIX, INC., METROPOLITAN LIFE INSURANCE COMPANY, AMERICAN AIRLINES, INC., AND THEIR SUBSIDIARIES AND AFFILIATES; AND HEALTH CARE PROVIDERS AND HEALTH CARE PROVIDER GROUPS WHO FURNISHED OUT-OF-NETWORK SERVICES OR SUPPLIES TO SUCH MEMBERS:

A Proposed Class Action Settlement May Affect Your Rights.

A Settlement has been preliminarily approved in a class action lawsuit that alleges that the companies described above provided insufficient reimbursement for Covered Out-of-Network healthcare benefits by using the Ingenix Databases and certain policies to make reimbursement determinations from March 15, 1994 to November 18, 2009. If you were or are: (1) a Subscriber, meaning a member of a healthcare plan insured or administered by a Defendant, and received Covered Out-of-Network (“OON”) healthcare benefits at any time from March 15, 1994 through November 18, 2009, that were processed or reimbursed by the Defendant using the Ingenix Databases or one of the Seven OON Reimbursement Policies listed below; or (2) a Provider or Provider Group, who furnished Covered OON Services or Supplies to a Subscriber at any time from March 15, 1994 through November 18, 2009 and whose claim for payment was processed or reimbursed by a Defendant using the Ingenix Databases or one of the Seven OON Reimbursement Policies listed below, you are a member of the Settlement Class and may be eligible for a payment if you qualify and submit a valid Claim Form. The Seven OON Reimbursement Policies are Defendants’ (1) Anesthesia Policy, (2) Assistant Surgeon Policy, (3) Co-Surgeon/Team Surgeon Policy, (4) Multiple

Procedure Policy, (5) Preventative Medicine Policy, (6) Professional/Technical Policy, and (7) Reduced Services Policy. For a list of United Health Group’s subsidiaries and affiliates, you should obtain a copy of the full Notice. A Settlement has been proposed in a class action lawsuit involving the Defendants. The name of the case is American Medical Ass’n v. United HealthCare Corp., 00

Civ. 2800 (LMM)(GWG). This Notice is a summary of your rights under the Settlement. To obtain a copy of the complaints filed in this lawsuit, the Settlement Agreement and Amendment to the Settlement Agreement, and the full Notice and Proof of Claim Form (which includes a description of how the money provided by the Settlement will be allocated among members of the Settlement Class), visit www.unitedUCRsettlement.com, or www.berdonclaims.com. The United States District Court for the Southern District of New York authorized this Notice. Before any money is paid, the Court will hold a hearing on September 13, 2010 to decide whether to approve the Settlement.

What Is This Case About?

This case was brought by the American Medical Association, other medical associations, Class Representative Plaintiffs, and Union Plaintiffs, alleging that the Defendants provided insufficient reimbursement for Covered OON healthcare benefits by:

• using flawed databases (the Ingenix Databases) in determining reimbursement amounts for Covered OON healthcare benefits; • using certain reimbursement policies to improperly reduce amounts for Covered OON healthcare benefits; and • not adequately disclosing their use of the Ingenix Databases and certain reimbursement policies in determining reimbursement amounts for

Covered OON healthcare benefits. Defendants deny all claims of wrongdoing but agreed to the Settlement to avoid the further expense, inconvenience and burden of this lawsuit.

What Are the Terms of the Proposed Settlement?

The Settlement Agreement provides for both monetary and non-monetary benefits to be provided by Defendants to members of the Settlement Class. The Settlement establishes a Cash Settlement Fund in the amount of $350,000,000 plus accrued interest. If the Settlement is finally approved by the Court, members of the Settlement Class will be entitled to payments from the Cash Settlement Fund as set forth in the “Plan of Allocation” included in the full Notice. In addition, as a part of the Settlement and consistent with the terms of the separate Office of New York Attorney General Assurance of Discontinuance, UnitedHealth Group and its affiliates have agreed to certain commitments regarding their reimbursement practices and procedures for OON healthcare benefits. They

have agreed that they: (1) will stop using the Ingenix Databases that Plaintiffs alleged are flawed and, in their place, will use a New Database independently established

and operated by a consortium of New York State university-level schools of public health led by Syracuse University; and (2) will contribute $50,000,000 (in addition to the Cash Settlement Fund) towards the funding and implementation of the New Database. UnitedHealth Group and its affiliates will also coordinate with the consortium to create the Healthcare Information Transparency (“HIT”) Website that will allow the public to access information about the range of provider charges, by geographical region, contained in the New Database for common medical services. The Settlement also provides for the release of claims, and a covenant not to sue, by members of the Settlement Class in favor of Defendants and others, as explained in detail in the Settlement Agreement.

Who Represents Me?

The Court has appointed Stanley M. Grossman, D. Brian Hufford, and Robert J. Axelrod of Pomerantz Haudek Grossman & Gross LLP as Lead Counsel to represent you and other members of the Settlement Class. You may retain your own attorney as you wish. However, you will be responsible for your attorney’s fees and expenses.

How Do I File a Claim?

In order to be eligible for payment under the Settlement, you must complete, sign, and mail the Claim Form SO THAT IT IS POSTMARKED NO LATER THAN OCTOBER 5, 2010. A Claim Form is part of the full Notice package you can request, as described below.

What Are My Rights?

• If you wish to remain a member of the Settlement Class, you do not have to do anything. You will be bound by all of this Court’s orders. This means you

cannot sue any of the Defendants for any of the claims described in the Settlement Agreement.

• You can file a claim for monetary benefits if you remain in the Settlement Class. To make a claim, you must complete a Claim Form and mail it to the

Claims Administrator as explained in the full Notice. Your Claim Form must be postmarked by October 5, 2010.

• If you do not wish to be a member of the Settlement Class, you must send a letter asking to be excluded from the Settlement Class, as explained in the full

Notice. The letter must be postmarked no later than July 27, 2010.

• If you do not exclude yourself from the Settlement Class, you or your lawyer can tell the Court if you do not like the Settlement or some part of it,

as explained in the full Notice. You must file your objection with the Court and serve Settlement Class counsel and counsel for Defendants no later than July 27, 2010.

Will the Court Approve the Proposed Settlement?

The Court will hold a Final Settlement Hearing to determine if the Settlement is fair, reasonable and adequate, and to consider the motion for attorneys’ fees and expenses on September 13, 2010 at 10:30 a.m. at the United States Courthouse, United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York.

For more information on how to file a claim, exclude yourself or object, or to obtain a copy of the complaints filed in this lawsuit, the Settlement

Agreement and Amendment to the Settlement Agreement and the full Notice and Claim Form, visit www.unitedUCRsettlement.com or contact the Claims Administrator at:

United HealthCare Class Action Litigation c/o Berdon Claims Administration LLC P.O. Box 15000

Jericho, NY 11853-0001

Toll-Free Phone: 800-443-1073 Fax: 516-222-0271

Website: www.berdonclaims.com Email: unitedhealthcare@berdonclaimsllc.com

Dated: June 4, 2010

Climb aboard the home delivery train. 1-800-753-POST

SF

Fridays in Weekend, the rest of the week in Style.

Whatever your passion, if it’s being performed in the Washington area, you’ll find it

in the Guide to the Lively Arts.

Justice Dept. steps up civil rights enforcement

Division reshapes itself

after employee exodus during Bush era

by Jerry Markon

When Thomas E. Perez took over the Justice Department’s Civil Rights Division in October, he found an office that was a shadow of its historic self. Nearly 70 percent of the law- yers had left between 2003 and 2007, a mass exodus that came during allegations the Bush ad- ministration was politicizing hir- ing. Internal watchdogs conclud- ed that the division’s former head had refused to hire lawyers he la- beled “commies” and had trans- ferred one for allegedly writing in “ebonics,” allegations the official denied. Civil rights groups said the unit had lost its traditional civil rights focus. “We had to do some healing,”

said Perez, 48, a former Maryland official and deputy assistant at- torney general under Republican and Democratic presidents. “We had to restore the partnership be- tween the career staff and the po- litical leadership. And frankly, certain civil rights laws were not being enforced.” That is changing: Justice De-

partment officials say the division —created in 1957 to help the Free- dom Riders and students seeking to integrate public schools — has stepped up enforcement of em- ployment, disability rights and other anti-discrimination laws. Hate crimes and police miscon- duct are a renewed focus, and sev- eral section chiefs from the George W. Bush era have left. More than 30 people have been or are about to be hired as part of an 18 percent budget increase this year, the largest in the division’s history. It will bring in 102 new people.

And in recent weeks, the divi- sion has taken a leading role in preparing for a possible Obama administration lawsuit against Arizona over the state’s new im- migration law. “I think we have positioned the division to carry out its tradition- al mission of enforcement and be nimble enough to respond to emerging challenges,” Perez said, citing cases such as a $6.1 million settlement with AIG subsidiaries to resolve allegations of discrimi- nation against African American borrowers and the creation of a fair-lending unit in response to the economic crisis. The unit has 49 active investigations. Justice officials could not pro- vide overall comparisons with the first 17 months of the Bush ad- ministration, but in employment discrimination, for example, the Justice Department under Presi- dent Obama filed 29 cases through March 20. One case was filed during the same period in the Bush administration. The heightened focus on civil

rights is a priority that flows di- rectly from the top. Attorney Gen- eral Eric H. Holder Jr. is a former civil rights lawyer who has vowed to make the division the depart- ment’s “crown jewel,” and Obama said in his January State of the Union address: “My administra- tion has a Civil Rights Division that is once again prosecuting civ- il rights violations and employ- ment discrimination.”

Civil rights groups and some former Justice lawyers give the di- vision generally high marks, though some Bush administra- tion veterans and conservatives are critical. “The division had been deci-

mated, and as someone who spent more than 20 years there, I was very saddened to see the state of affairs,” said Gerry Hebert, a former senior official in the divi- sion’s voting section. He said Pe- rez has made “a great start.” Robert N. Driscoll, a senior civil rights official in the Bush admin- istration, credited Perez with se- curing large budget increases but said the division is “trying to in- timidate political opponents.” He cited the threats to sue over the Arizona law and a civil rights in- vestigation of a controversial Ari- zona sheriff over tough immigra- tion enforcement.

“Opening a case and saber-

rattling is not accomplishing any- thing,” said Driscoll, who is repre- senting the sheriff, Joseph M. Ar- paio. The department has ac- knowledged a civil investigation of Arpaio’s office, and sources fa- miliar with the case who spoke on condition of anonymity said a fed- eral grand jury in Phoenix has been empaneled as part of a crim- inal probe. Perez insisted it is actually the opposite, that the division has re- turned to its apolitical roots. As part of a theme he calls “restora- tion and transformation,” he said hiring is once more primarily in the hands of career lawyers rather than political appointees. About 5,000 people have applied for jobs, and about a dozen who left in the Bush years have been re- hired.

Among recent cases, the divi- sion obtained the largest-ever set- tlement of rental-discrimination claims under the Fair Housing Act: $2.7 million from the owners of Los Angeles apartment build- ings for discriminating against African Americans and Hispan- ics. Prosecutors are also zeroing in on emerging areas of enforce- ment, such as growing threats to civil rights groups on the Inter- net. A particular focus is restoring

relations with such groups, which Perez calls “our eyes and ears.” He added, “We can’t be everywhere.” John Payton, president of the

NAACP Legal Defense Fund, said the relationship is much im- proved. “When we call them, they listen,” he said. “I think they’re on track and on mission. It’s just too early to tell what will happen.”

markonj@washpost.com

FRIDAY, JUNE 4, 2010

or

Mamet

Mozart?

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