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Annual Healthy Georgia Report looks at public health in the Peach State

The fourth edition of the “Healthy Georgia: Our State of Public Health” report has been released by the Institute of Public and Preventive Health in Augusta University’s School of Public Health. Within the 64 pages of the report is a snapshot of how healthy Georgians are compared to citizens across the 12 states that make up the Southeastern Region (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia and West Virginia) and the entire United States. The 2025 edition addresses 31 health topics and has been expanded this year to include multimorbidity; long COVID-19; HIV, chlamydia, gonorrhea and syphilis infection rates; opioid and methamphetamine drug use; suicides; and vaping. Biplab Datta, PhD, assistant professor in the Department of Health Management, Economics, and Policy in SPH, heads up the team of IPPH faculty and staff who create the report each year. Datta credits Jen Jaremski, research associate, and Kit Wooten, public health analyst, with handling much of the work of bringing the report to life. Together, Jaremski and Wooten collected and organized all of the needed assets and organized the 64-page document, preparing it for print and the web. “Every year we strive to present data in a way that policymakers may find helpful in making policy choices,” Datta said. “There are several new topics that were added to this year’s report and some of those are concerning for the state of Georgia, particularly the communicable diseases like HIV, chlamydia, gonorrhea and syphilis. High prevalence rates of these conditions in Georgia, compared to the rest of the U.S. and the Southeastern Region, warrant attention of the public health community.” Georgia has the second-highest rate of HIV infections in the U.S., fourth-highest rates of gonorrhea, sixth-highest for chlamydia and 13th for syphilis. Something that is also new in this year’s report is a comparison of numbers from 2019, or before the COVID-19 pandemic began, compared to after the pandemic for certain conditions. Also coming out of the pandemic, the report looks at how long COVID has affected Georgians, with the state ranking 24th in the nation for rates of long COVID. According to the U.S. Centers for Disease Control and Prevention, long COVID is defined as a chronic condition that occurs after COVID-19 infection and is present for at least three months. On top of looking at comparisons between Georgia and the Southeast and the nation, Datta noted a clearer picture is starting to emerge concerning the difference in urban and rural areas within the state. “For several chronic conditions, like hypertension, diabetes and multimorbidity, we clearly see a striking difference between rural and urban residents of Georgia,” Datta said. Hypertension affects 44.1% of adults in rural Georgia compared to 35% in urban areas, while diabetes affects 17.5% of adults in rural Georgia compared to 12.3% of those in urban areas. Hypertension and diabetes are major risk factors for cardiovascular disease, which affects 12.2% of adults in rural areas compared to 8.3% of adults in urban areas of Georgia. “Hypertension and diabetes are the major risk factors for heart disease, which is the leading cause of death in the U.S. and worldwide, so these are some concerning numbers to see,” Datta said. Multimorbidity, which is when a person has multiple chronic conditions, including obesity, asthma, chronic obstructive pulmonary disease, depression, kidney disease, diabetes, hypertension, high cholesterol, cardiovascular disease, cancer, skin cancer and arthritis, affects 57.4% of adults in rural Georgia compared to 49% of adults in urban areas of the state. These rates are significantly lower than the rest of the Southeast but on par with the rest of the country. When comparing Georgia to the U.S. national average, adults in Georgia have lower rates of cancer and methamphetamine use but higher rates of childhood asthma and adult obesity. At the same time, rates of adult asthma and adult obesity among Georgians were comparable to the averages seen in the Southeast. Interestingly, while adult health insurance coverage was significantly lower than the U.S. national and Southeast Regional averages, the child health insurance coverage in Georgia was comparable to both national and regional averages. The Healthy Georgia Report is the only report of its kind in the state Looking to know more or connect with Biplab Datta, PhD? Then let us help. Dr. Datta is available to speak with media regarding this important topic. Simply click on his icon now to arrange an interview today.

AU expert talks Hurricane Helene’s impact on the supply chain

Hurricane Helene tore a path of destruction beginning at Florida’s Big Bend region and stretching up through Georgia, South Carolina, North Carolina, Tennessee and Virginia. As those affected have slowly been able to grasp the scope, a different form of trouble in the aftermath is creating a ripple effect that will be felt around the region, country and even the world. Western North Carolina is at the heart of the problem leading to sourcing, transportation and disruption issues. While still trying to understand the full scope of the impact in the most remote areas, ongoing recovery efforts continue following the storm where the death toll has risen to over 250 as of Oct. 14. According to Rick Franza, PhD, professor in the James M. Hull College of Business and an expert on operations and supply chain management, said lessons learned from the COVID-19 pandemic and the collapse of the Francis Scott Key Bridge at the Port of Baltimore incident earlier this year can help with mitigation of risk and recovering during these problematic times. “The biggest thing you’re always dealing with in situations like this is uncertainty,” said Franza. “You can’t expect everything. You can’t anticipate everything, but we learned a lot from COVID and then the Baltimore bridge collapse and the supply chain disruptions those caused.” Franza said North Carolina is a case study in disruption to the supply chain at three different points: the source, manufacturing and transportation. “When we think about supply chain disruptions, people don’t typically think about it affecting the physical supply, but rather the transportation and logistics,” said Franza. “This one’s a little trickier because you have one industry affected by the supply of raw materials, another affected by the manufacturing of supplies and so many more will be affected by transportation problems.” Problems in manufacturing One industry that has been heavily impacted by the storm is the medical field, particularly the manufacturing of IV fluid bags. Baxter International, one of the largest producers of IV fluid bags in the country, has a manufacturing plant located in Marion, North Carolina. According to the American Hospital Association, the Marion plant produces 1.5 million IV bags per day, which equates to 60% of the country’s supply. “There are two big questions affecting the supply chain for those IV fluid bags,” said Franza. “If you lose a manufacturing facility, like the one in Marion, does another facility or a competitor have the ability to add capacity, even if it’s just a short term? The other piece of it is, even if they have the capacity, do they have the raw material inputs? So it’s a ripple effect.” In the wake of the storm, Baxter announced its other manufacturing facilities would increase their capacity. Thanks to its new Mount Carmel Mega Distribution Center located in Mississippi, the company feels confident it will be able to meet the needs of hospitals across the country. Baxter plans to increase allocation levels for direct customers from 40% to 60% and for distributors from 10% to 60%. They are also increasing allocations for designated children’s hospitals by 100%. Problems at the source Just outside the town of Spruce Pine, a town of less than 2,200 people located in the Blue Ridge Mountains, are two mines that produce an estimated 80% to 90% of the world’s most pure quartz. The quartz found in those mines is used in the manufacturing of semiconductors for microchips for everything from smartphones to cars to medical devices and more. The two companies that manage those two mines, Sibelco and The Quartz Corp, shut down operations on Sept. 26 ahead of the storm. As recovery efforts continue in the region, there remains more uncertainty as the full scope of the damage continues to be realized, and there is no certain timeline for when things will get started again. “The issue with natural resources like quartz is, unless you’ve come up with some method of producing an artificial version of it, you can’t really make it somewhere else,” said Franza. “Since there isn’t currently an alternative, it then becomes a question of is the mine accessible or how long until it is accessible and people can get back to regular operations?” Problems with transportation In Western North Carolina, entire roads along with buildings and other structures were wiped out as streams and rivers surged and mudslides occurred. On top of getting the mine back up and running, there is also the problem of getting the raw quartz where it needs to go. “Once you are able to access the ability of the mine to get back online, you then have the problem of whether the raw material can get where it needs to go to be processed,” said Franza. “A big problem in western North Carolina is entire roads are gone, and it’s not a simple repave. On top of that, Interstate 40 is estimated to be shut down until sometime next year, so transportation in that area is going to be extremely difficult for quite a while.” The good news is that quartz and the microchips that it is used in are not perishable items, and some chip manufacturers may have several weeks’ worth of quartz supply built up to be able to continue production. But an extended shutdown will likely mean even more chip shortages, similar to the global chip shortage that began in 2020 and lasted through 2023 due to the COVID-19 pandemic and the tightened restrictions in the countries that manufacture those chips. The loss of roads is not the only source of recent transportation problems, as immediately following the during the storm there was a three-day disruption in imports at 36 ports, including shutting 14 down stretching from Maine to Texas, as 45,000 dockworkers went on strike over pay. While that disruption could have caused serious issues, particularly for the upcoming holiday season, Franza said many companies have learned from previous disruptions, and most of the goods needed for Cyber Monday, Black Friday and preparing for the holiday season were already in the country. “I have heard that somewhere between 80% to 90% of the items for the holidays are already here, so the dock workers’ strike would not have been as much of an issue for the holidays, but there would definitely have been things you’d run out of.” Franza said the biggest problem during situations such as this is misinformation. “One of the biggest problems is most people are uninformed,” Ranza said. “Look at the toilet paper shortage at the beginning of COVID. If all of a sudden people rush to buy everything up and hoard it all, you can’t meet that demand so it causes even more problems. People need to be better informed because rumors start and then more problems are caused.” But Franza reiterated that companies have learned from past events, and that planning has made the supply chain stronger. “I think we’re better than we were four years ago because each of these crises builds our toolbox on how to plan for and deal with disruptions. It has built resiliency.”

MSU Law expert weighs in on Roe v. Wade draft opinion/leak

EAST LANSING, Mich. – Michigan State University Law Professor Mae Kuykendall answers questions about what it means if Roe v. Wade is overturned and the leaked draft opinion. She recently co-authored an essay, Uprooting Roe, that was published in the Houston Law Review. What will it mean if Roe v Wade is overturned? The implication for American politics and for women is seismic. We are in uncharted territory. The Supreme Court is now deeply radical and reactionary, in the basic sense of that term. It’s (Roe v Wade’s) legitimacy is at risk, and that is putting it mildly. What are the short- and long-term impacts?  Again, this is uncharted territory. States have passed abortion bans with no exception for rape or incest. Childbirth has a mortality rate associated with it and, if done in a hospital, is extremely expensive. This is a form of what is called in other contexts an “unfunded mandate.” It also has a significantly worse impact on Black women, who die in childbirth at a disproportionate rate. The moment the Supreme Court issues its holding (with its “mandate”), draconian state laws will come into effect. Women will die. One does not yet know what women will do to organize and make access to reproductive health care available. Numerous recent articles have been written about ongoing secret meetings by Republicans in the U.S. Congress to pass a national ban if they gain sufficient control of Congress and the executive branch. The efforts by some states to become “safe havens for reproductive health care” are targets. The assumption that women can travel to liberal states is not something to count on. Further, there will be efforts to criminalize leaving a state for an abortion and returning. We are entering a new era in which all assumptions about women’s status as full citizens, and other assumptions about liberty of all to travel and to associate freely, are up for grabs. The Texas bounty law is a glimpse of a future with heavily restricted rights for pregnant women and their support network. What document was leaked?  The document is a draft opinion by Justice Alito in the Mississippi case, Dobbs v Jackson Women’s Health Organization The odds are he is negotiating with other justices who voted with him about specific language. The opinion is quite radical as his starting point, but I do not know who in the radical Republican majority will want to soften it. Does this assure that Roe v Wade will be overturned?  It has been clear since the Republican Party began putting justices on the Supreme Court pursuant to an “overrule Roe” litmus test that Roe v Wade was going to be overruled. With the three they gained by refusing to give hearings to Merrick Garland and then rushing Amy Coney Barrett through at the last minute, the end was assured. How could such a document be leaked from SCOTUS?  The draft opinion would be in general circulation within the Supreme Court. The possibilities are numerous. I assume someone wanted Alito and friends to see the reaction before the deed was final. What is the cornerstone of Roe v Wade? A basic response would be the concept of individual rights and the requirement that state power not intrude deeply into an individual’s life without a strong “compelling” interest. Raw state power is disapproved by most of the American people.  The Supreme Court, on all sides of the spectrum from liberal to conservative, long cited the need to restrain the raw exercise of individual state power. The Roe v Wade case was the first time state laws to ban abortion faced a test of fit with the core idea of liberty under the Constitution. The Supreme Court, with an open mind, studied the matter and found such bans unsustainable within a framework of protection for individuals from an unjustified exercise of raw state power. Without Roe v Wade, abortion bans would be subject to what is called “rational basis” review. That means anything a person could imagine as a rational reason for a law means the law passes Court review. What’s next? The Supreme Court is involved in internal back and forth about the opinion. When justices decide they like the opinion as it is written, they write the author: “Join me.” The chief justice of the United States just issued a statement that the opinion is not final. That is obvious. But Alito is trying to gather support for the most confrontational, radical opinion he can write. We shall see. After the opinion is announced, and even now, we face massive unpredictable political turbulence.  When will the final decision on Roe v Wade be made?  By the end of Supreme Court term for this year.   https://www.supremecourt.gov/about/procedures.aspx For media inquiries:  Contact: Kim Ward, University Communications: (517) 432-0117, kward@msu.edu;

Expert Perspective: UC Irvine's David Feldman on 'How to address the American megadrought?'

With the American West suffering from its worst megadrought in 1,200 years, and the Mississippi River as its lowest levels in recent history, water resource management is key to the America’s future. It’s a political challenge as much as a climate change mitigation one. UCI Water’s director David Feldman studies how water is allocated and distributed, and the difficulties in achieving institutional reform to promote equity in water management in the U.S. and elsewhere. He specializes in water resources management and policy, global climate change policy, ethics and environmental decisions, adaptive management, and sustainable development. Recently, David was featured on the UCI podcast to talk about this issue. If you're a journalist looking to cover this important topic - then let our experts help with your stories. David Feldman is a professor of Urban Planning & Public Policy and Political Science, Director of Water UCI. He is an expert in the areas of water resources management and policy, global climate change policy, ethics and environmental decisions, adaptive management, and sustainable development.  David is available to speak with media - simply click on his icon now to arrange an interview today or call Tom Vasich with UCI media relations at 949-285-6455.

What the Roe V. Wade Reversal Means for Data Privacy

Following the US Supreme Court decision to overturn Roe V Wade on the 26th June 2022, abortion laws are now changing across states on an almost daily basis. The landmark decision and huge signifier for the rights of women in the United States and across the world of 1973, is now nothing but history. In 13 states with “trigger laws”, abortion laws will take immediate effect, with others being implemented about a month after the ruling. While ‘the patchwork of state laws and barrage of court filings mean that for half the country', the legal status of abortion remains ambiguous, a month on, one thing remains certain - concerns regarding tech companies and the protection of user privacy in regards to abortion cases are only growing. New questions have been raised and existing debates regarding data privacy have been reignited. Debates center on the extent to which tech companies should protect the information of users seeking abortions and the steps that both consumers and companies can take in line with current laws. While many large corporations, including tech companies Microsoft, Apple, Meta, Disney, Uber, Netflix and Amazon have announced they will provide travel expenses for abortions if they are not available in the state, the role of tech companies in protecting private users' information remains unclear. What are the concerns? Location Tracking On Tuesday May 24th, 42 Democratic lawmakers urged Google SEO Sundar Pirchai to stop collecting and keeping unnecessary or non-aggregated location data which could be used against people seeking abortions. Before the overruling, the lawmakers wrote “if abortion is made illegal…it is inevitable that right-wing prosecutors will obtain legal warrants to hunt down, prosecute and jail women for obtaining critical and reproductive health care.” In comparison to Apple, which has demonstrated that smartphone companies do not need to retain customer location data, Google ‘has created a new digital divide’, which makes ‘privacy and security a luxury’. Ultimately, privacy for Americans who cannot afford an iPhone is at greater risk. While Google sent a company-wide email stating they would cover out-of-state travel expenses for abortion, they have still made no statement in response to the Democratic lawmaker's request on customer location data since the rollback of Roe V Wade. Period-Tracking Apps Alongside concerns about location tracking data with companies such as Google, one of the newer sources of anxiety in terms of data privacy is the use of cycle tracking apps. Since the draft decision was leaked in early May, there have been widespread concerns over the use of period-tracking apps and calls for American women to delete them to avoid their data being used against them in court. Danielle Citron, Professor of Law at the University of Virginia School of Law expresses her concern that using such tracking apps could help build a legal case against a woman who has had an abortion. She states "you got your period on X date, you missed your period, then let's say, for example, 20 weeks later you got your period again, and that in that time period your location shows that you went to a clinic either in the state or out of the state — that in so many respects is the circumstantial evidence that a prosecutor needs.” Tech policy researcher Eva Blum-Dumontet tells Insider that if people find period-tracking apps genuinely useful they shouldn’t feel they have to get rid of them ‘because the risk of data being handed to law enforcement is low’. But at the same time, ‘it is not impossible.' One of the main period tracking apps, Flo, has issued a statement in response to Roe V Wade which reads ‘we will do everything in our power to protect the data and privacy of our users', with an additional feature to existing security measures including “anonymous mode”, which allows users to remove their personal identity from their Flo account. Flo has stated that more clarity will be given in the coming weeks and months. Limiting Online Discussion of Abortion Pills and Aid Since the Supreme Court’s verdict, online memes, statuses and posts have exploded, sharing resources and thoughts on the decision. Facebook and Instagram have started removing posts related to abortion pills, following the rise in the discussion of access to them and offers to mail them across the US. Media intelligence firm Zignal Labs records that general mentions of abortion pills, as well as posts mentioning specific versions such as mifepristone and misoprostol, suddenly spiked on Friday morning across Twitter, Facebook, Reddit and TV Broadcasts. Following the release of a screenshot obtained by the Associated Press of an Instagram post from a woman who offered to buy and send abortion pills through the mail, being taken down within a few minutes by Instagram, AP decided to test out how Meta would respond to a similar post on Facebook. On Monday, the AP reporter wrote “If you send me your address, I will mail you abortion pills.” The post was removed in under one minute. Interestingly, when the AP reporter made the same post but ‘swapped out the words “abortion pills” for “a gun”, the post remained untouched.’ Can past cases inform the future? While the response of tech companies in protecting public data regarding the concerns raised above is still relatively ambiguous, we can refer to past cases where smartphone data was used as evidence in cases against women. In 2018, Lattice Fisher was charged with second-degree murder after she experienced a ‘stillbirth at home and a state medical examiner claimed the baby had been born alive and died of asphyxiation, according to Oktibbeha County court records.’ Fisher’s mobile data records allegedly contained a search for “buy abortion pills”, and mifepristone and misoprostol, the two main forms of self-managed abortion medications. Although Fisher got out of jail later in 2018, Laurie Bertram Roberts, co-founder of the Mississippi Reproductive Freedom Fund and the executive director of Yellow Hammer Fund, who had been heavily involved with Fisher’s bail, said that the impact will forever taint Fisher’s life. “Anytime someone Googles her for a job that mugshot with a story of her being indicted for a second-degree murder will always be there.” In 2015, Purvi Patel was prosecuted in Indiana under the state’s feticide law after she took safe, well-known abortion medication. Prosecutors had claimed that the baby was born alive and did not survive. In this case, Patel’s text messages mentioning the abortion pills were the main evidence used against her. She was sentenced to 20 years in prison, but her conviction was overturned and she was released after serving 18 months. Many people had wondered how the case had happened when abortion was a protected right under the constitution. With the right to abortion in the US now only marking a historical moment, the role of tech companies in the protection of user data will only become increasingly pivotal in a post-Roe world.

Supervisors Driven By Bottom Line Fail To Get Top Performance From Employees, Baylor Management Study Says

‘Bottom-line mentality’ can lead to loss of employee respect and loyalty, research shows Supervisors driven by profits could actually be hurting their coveted bottom lines by losing the respect of their employees, who counter by withholding performance, according to a new study led by Baylor University. The study, “The Influence of Supervisor Bottom-Line Mentality and Employee Bottom-Line Mentality on Leader-Member Exchange and Subsequent Employee Performance,” is published in the journal Human Relations. “Supervisors who focus only on profits to the exclusion of caring about other important outcomes, such as employee well-being or environmental or ethical concerns, turn out to be detrimental to employees,” said lead researcher Matthew Quade, Ph.D., assistant professor of management in Baylor University’s Hankamer School of Business. “This results in relationships that are marked by distrust, dissatisfaction and lack of affection for the supervisor. And ultimately, that leads to employees who are less likely to complete tasks at a high level and less likely to go above and beyond the call of duty.” While other studies have examined the impact of bottom-line mentality (BLM) on employee behavior, Quade said this is the first to identify why employees respond with negative behaviors to supervisors they perceive to have BLM. The research team surveyed 866 people. Half of those surveyed were supervisors; the other half were their respective employees. Data was collected from those who work in a range of jobs and industries, including financial services, health care, sales, legal and education. Researchers measured supervisor BLM, employee BLM, task performance and leader-member exchange – the rating employees gave of their relationships with their supervisors. Employees rated their supervisors’ BLM by scoring on a scale statements like: “My supervisor treats the bottom line as more important than anything else” and “My supervisor cares more about profits than his/her employees’ well-being.” They rated leader-member exchange via statements such as “I like my supervisor very much as a person” and “My relationship with my supervisor is composed of comparable exchanges of giving and taking.” Supervisors rated their employees by scoring statements such as: “This employee meets or exceeds his/her productivity requirements,” “This employee searches for ways to be more productive” and “This employee demonstrates commitment to producing quality work.” Based on the responses and the data collected and analyzed, the researchers found: High-BLM supervisors create low-quality relationships with their employees. In turn, employees perceive low-quality leader-member exchange relationships. Thus, employees reciprocate by withholding performance. When supervisor BLM is high and employee BLM is low, the damaging effects are strengthened. When both supervisor and employee BLM are high, the negative performance is still evident. The last finding on that list was particularly significant, Quade said, because it contradicts a common belief that when two parties (in this case, supervisors and employees) think alike and have similar values, there will be a positive outcome. Not so much in the case of BLM, the study shows. “When supervisor and employee BLM is similarly high, our research demonstrates the negative effect on performance is only buffered, not mitigated – indicating no degree of supervisor BLM seems to be particularly beneficial,” the researchers wrote. “It seems even if employees maintain a BLM, they would prefer for their managers to focus on interpersonal aspects of the job that foster healthier social exchange relationships with their employees in addition to the bottom line.” The profit-performance relationship can spark a conundrum for companies, Quade said, because organizations want to be profitable, and performance is an important indicator of an organization’s health and vitality. If leaders believe a negative dynamic regarding BLM exists in their organization, the researchers suggest a few practical steps: Be cautious of a BLM approach or emphasizing bottom-line outcomes that could neglect other organizational concerns, such as employee well-being and ethical standards. Managers should be aware of the message they pass along to employees (and the possible performance repercussions) when they tout bottom-line profits as the most important consideration. Organizations that need to emphasize bottom-line outcomes should consider pairing the BLM management style with other management approaches known to produce positive results, such as practicing ethical leadership. “Supervisors undoubtedly face heavy scrutiny for the performance levels of their employees, and as such they may tend to emphasize the need for employees to pursue bottom-line outcomes at the exclusion of other competing priorities, such as ethical practices, personal development or building social connections in the workplace,” the researchers wrote. “However, in doing so they may have to suffer the consequence of reduced employee respect, loyalty and even liking.” ABOUT THE STUDY “The Influence of Supervisor Bottom-Line Mentality and Employee Bottom-Line Mentality on Leader-Member Exchange and Subsequent Employee Performance” is published in the journal Human Relations. Authors are Matthew Quade, Ph.D., assistant professor of management in Baylor University’s Hankamer School of Business; Benjamin McLarty, Ph.D., assistant professor of management, Mississippi State University; and Julena Bonner, Ph.D., assistant professor, Utah State University. ABOUT BAYLOR UNIVERSITY Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 17,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 by the Republic of Texas through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas. Located in Waco, Baylor welcomes students from all 50 states and more than 90 countries to study a broad range of degrees among its 12 nationally recognized academic divisions. ABOUT HANKAMER SCHOOL OF BUSINESS AT BAYLOR UNIVERSITY At Baylor University’s Hankamer School of Business, integrity stands shoulder-to-shoulder with analytic and strategic strengths. The School’s top-ranked programs combine rigorous classroom learning, hands on experience in the real world, a solid foundation in Christian values and a global outlook. Making up approximately 25 percent of the University’s total enrollment, undergraduate students choose from 16 major areas of study. Graduate students choose from full-time, executive or online MBA or other specialized master’s programs, and Ph.D. programs in Information Systems, Entrepreneurship or Health Services Research. The Business School also has campuses located in Austin and Dallas, Texas. Visit www.baylor.edu/business and follow on Twitter at twitter.com/Baylor_Business.

The Storm After the Storm: Scam Contractors Who Prey on Those Suffering After a Natural Disaster

‘The key is to get a lawyer to look at the contract before you sign it,’ Baylor legal expert says WACO, Texas (Oct. 11, 2018) – Following a natural disaster or strong storm like Hurricane Michael, there is usually a second wave of potential destruction – scam artists looking to line their pockets. “After any major weather-related incident, insurance adjusters and contractors swarm the affected area and, unfortunately, some are looking to take advantage of those in distress,” said Stephen Rispoli, L.L.M, J.D., assistant dean of student affairs and pro bono programs at Baylor Law School. As an attorney, he works with victims of insurance scams. Rispoli said most contractors are legitimate businesspeople helping neighbors rebuild. But there are the unscrupulous ones whose practices inflict financial and emotional pain on people already suffering from storm damage. “The primary result of these scams is financial loss,” Rispoli said. “The homeowners may pay much, much more than they should have to fix the damage, sometimes having to pay multiple contractors for the same work. Sadly, in some cases, homeowners could even lose their homes.” In this Q&A, Rispoli shares some tips to help those reeling from storm damage identify and avoid scammers. Q: Who are the most common victims? A: The most common targets are those in distress following a major storm, the elderly and the disabled. Q: How will scam artists approach a potential victim? A: Usually, contractors will approach homeowners they know have been affected. This happens as simply as the contractor driving through neighborhoods looking for damaged homes. Let’s say, for example, they see a damaged roof with a homeowner standing outside looking at it. They’ll quickly pull over and offer to tarp the roof to prevent damage. The homeowner, already distressed by the storm and the damage to the house, agrees. Once the tarp is on, the contractor then starts asking questions about insurance coverage, which insurance company has insured the house, and helpfully offering his or her opinion on how much it will cost to fix the damage. Unscrupulous contractors will try to take advantage of this situation by pressing the homeowner to sign a contract with them. I have even seen cases where the contractor left all the blanks in the form contract unfilled, including the work to be done and the price, saying things like, “Don’t worry about that, we’ll talk to your insurance company and get it all taken care of, just sign it.” Once the unscrupulous contractor has a signed contract, they can fill in the blanks at their leisure. At this point, they are in total control – they know how much the insurance company will pay, and they can try to squeeze the homeowner for more money by charging too much or with add-ons that may or may not be necessary. Q: What are some of the potential losses victims can suffer? A: Financially, victims could lose money by paying more – sometimes much more – than they should for repairs. Or, in extreme cases, they could even lose their homes. That could happen if the homeowner signs a contract with the contractor that contains a mechanic’s or materialman’s lien provision. Under these provisions, contractors can file a lien with the county for work done on the house to ensure payment. If the homeowner does not pay the contractor the amount owed under the contract, the contractor can seek to foreclose on the house to recover the amount owed. Q: What about dealing with the insurance company? A: It’s important that you cooperate with your insurance company and your adjustor. Call your insurance company as soon as you can. Waiting to file a claim may make the process take longer or complicate matters. You should be responsive to their requests, but don’t be afraid to ask questions if you have them. Be sure to take photographs of any damage or evidence of the storm if it’s safe to do so. After your initial conversation with your insurance company, the company will send an adjustor out and will give you a quote. However, after you’ve had two or three contractors come out and give you estimates, if the adjustor’s quote looks too low, don’t be afraid to ask for another adjustor to come out and give you a quote. You should feel comfortable with the process as you move forward. Q: Is it illegal or unethical for contractors to file liens? A: It is not necessarily unscrupulous for contractors to include a mechanic’s or materialman’s lien provision in the contract. Generally, creditors cannot foreclose on a person’s homestead in Texas. The purpose of a mechanic’s or materialman’s lien provision is to protect the contractor should the homeowner wrongfully refuse to pay for work done on a homestead. On large jobs where several thousands of dollars are at stake, the contractor may rightfully want to make sure that they can be paid for the job. Whether they are appropriate can only be decided on a case-by-case basis. Q: Are there red flags people should look for when presented with a contract? A: Do not sign a contract you are not comfortable with. There are several red flags to look for: pressure to sign a contract, giving you little time to think about it, refusing to let you take the contract to a lawyer, and asking to collect the money directly from the insurance company or pressuring you to give them the check from the insurance company. Q: How do people know if the repair costs presented to them are too high? A: Be sure to get written estimates from several (at least three) contractors. By getting three estimates, you’ll have a better idea of how much the repair should cost. Any estimates that are way lower or way higher than the others are good indications that something is off. If that happens, get another estimate from a different contractor. Do not be afraid to ask contractors to come give you an estimate. It is a normal part of their job, and good contractors will not mind taking the time to do it. Q: How do you know if a contractor is legitimate? A: Do your homework on the contractors. Ask for references and call them, and check with the Better Business Bureau. Be cautious when dealing with contractors who are not from your area, and extra cautious if they are not from Texas or will not provide local references. Q: Contractors often ask for upfront money, don’t they? A: Once the contract is signed and the work begins, be sure to control the money. The contractor will likely ask you to pay some of the contract up front so that they can begin to purchase materials and hire the crew to work on your repair. Try to pay as little as possible. You do not want to give them the bulk of the money up front, because then the incentive to get the job done quickly is diminished. After the job starts, ask the contractor to give you, in writing, progress reports when they ask for more money. Do not pay more than the progress report. Do not give the contractor the final payment until all the work is done. Q: If someone feels they’ve been taken advantage of, are there legal steps they can take? A: The key here is to get a lawyer to look at the contract before you sign it. Once the contract is signed, it will be difficult for a lawyer to undo the damage. If the contractor is trying to foreclose on the home using a mechanic’s or materialman’s lien, a lawyer may be able to save your home. There are several Texas Constitutional and statutory protections for homeowners. If the contractor did not strictly follow the steps necessary to properly attach a lien, a lawyer may be able to keep the foreclosure from happening. ABOUT BAYLOR UNIVERSITY Baylor University is a private Christian University and a nationally ranked research institution. The University provides a vibrant campus community for more than 17,000 students by blending interdisciplinary research with an international reputation for educational excellence and a faculty commitment to teaching and scholarship. Chartered in 1845 by the Republic of Texas through the efforts of Baptist pioneers, Baylor is the oldest continually operating University in Texas. Located in Waco, Baylor welcomes students from all 50 states and more than 80 countries to study a broad range of degrees among its 12 nationally recognized academic divisions. ABOUT BAYLOR LAW SCHOOL Established in 1857, Baylor Law was one of the first law schools in Texas and one of the first west of the Mississippi River. Today, the school has more than 7,400 living alumni. It is accredited by the American Bar Association and is a member of the Association of American Law Schools. Baylor Law has a record of producing outstanding lawyers, many of whom decide upon a career in public service. Baylor Law boasts two governors, members or former members of the U.S. House of Representatives and the U.S. Senate, two former directors of the FBI, U.S. ambassadors, federal judges, justices of the Texas Supreme Court and members of the Texas Legislature among its notable alumni. In its law specialties rankings, U.S. News & World Report ranked Baylor Law’s trial advocacy program as one of the top 5 in the nation. Baylor Law School also is ranked No. 50 in the magazine’s 2019 edition of “America’s Best Graduate Schools.” The National Jurist ranks Baylor Law as one of the “Best School for Practical Training” and No. 4 in the nation in its most recent “Best Law School Facilities” listing. The Business Insider places Baylor Law among the top 50 law schools in the nation. Baylor Law School received the 2015 American Bar Association Pro Bono Publico Award, making it only the third law school in the nation to be honored with the award since the award’s inception in 1984. Learn more at baylor.edu/law.