alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 422
Editorial Note: Nomenclature changes to part 422 appear at 70 FR 4741, Jan. 28, 2005.

§ 422.108 Medicare secondary payer (MSP) procedures. ( a ) *Basic rule.* CMS does not pay for services to the extent that Medicare is not the primary payer under section 1862(b) of the Act and part 411 of this chapter.
( b ) *Responsibilities of the MA organization.* The MA organization must, for each MA plan— ( 1 ) Identify payers that are primary to Medicare under section 1862(b) of the Act and part 411 of this chapter;
( 2 ) Identify the amounts payable by those payers; and
( 3 ) Coordinate its benefits to Medicare enrollees with the benefits of the primary payers, including reporting, on an ongoing basis, information obtained related to requirements in paragraphs (b)(1) and (b)(2) of this section in accordance with CMS instructions.
( c ) *Collecting from other entities.* The MA organization may bill, or authorize a provider to bill, other individuals or entities for covered Medicare services for which Medicare is not the primary payer, as specified in paragraphs (d) and (e) of this section.
( d ) *Collecting from other insurers or the enrollee.* If a Medicare enrollee receives from an MA organization covered services that are also covered under State or Federal workers' compensation, any no-fault insurance, or any liability insurance policy or plan, including a self-insured plan, the MA organization may bill, or authorize a provider to bill any of the following— ( 1 ) The insurance carrier, the employer, or any other entity that is liable for payment for the services under section 1862(b) of the Act and part 411 of this chapter.
( 2 ) The Medicare enrollee, to the extent that he or she has been paid by the carrier, employer, or entity for covered medical expenses.
( e ) *Collecting from group health plans (GHPs) and large group health plans (LGHPs).* An MA organization may bill a GHP or LGHP for services it furnishes to a Medicare enrollee who is also covered under the GHP or LGHP and may bill the Medicare enrollee to the extent that he or she has been paid by the GHP or LGHP.
( f ) *MSP rules and State laws.* Consistent with § 422.402 concerning the Federal preemption of State law, the rules established under this section supersede any State laws, regulations, contract requirements, or other standards that would otherwise apply to MA plans. A State cannot take away an MA organization's right under Federal law and the MSP regulations to bill, or to authorize providers and suppliers to bill, for services for which Medicare is not the primary payer. The MA organization will exercise the same rights to recover from a primary plan, entity, or individual that the Secretary exercises under the MSP regulations in subparts B through D of part 411 of this chapter.
[63 FR 35077, June 26, 1998, as amended at 65 FR 40320, June 29, 2000; 70 FR 4721, Jan. 28, 2005; 75 FR 19805, Apr. 15, 2010]
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# C_2005222EN.01000602.xml

| 9.9.2005 | EN | Official Journal of the European Union | C 222/6 |
| --- | --- | --- | --- |

9.9.2005

EN

Official Journal of the European Union

C 222/6

---

Non-opposition to a notified concentration

(Case COMP/M.3831 — Oranje-Nassau Group/SHV Holding/Edinburgh Oil & Gas)

(2005/C 222/09)

(Text with EEA relevance)

On 27 June 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32005M3831. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3831. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---
#### John M. CATLETT, II, Appellant, v. STATE of Florida, Appellee.

No. 78-1406.

District Court of Appeal of Florida, Fourth District.

Feb. 21, 1979.

John M. Catlett, II, pro se.

Robert L. Shevin, Atty. Gen., Tallahassee, and Glenn H. Mitchell, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the lower court’s dismissal of appellant’s motion to vacate filed pursuant to Fla.R.Cr.P. 3.850. Appellant’s motion was legally insufficient in that the motion did not specify whether appellant had previously filed a plenary appeal from his conviction and sentence (and, if so, the disposition of that appeal), nor did the motion specify whether appellant had filed any previous Rule 3.850 motions (and, if so, how many). We have recently ruled the latter omission, by itself, warrants a summary denial since the motion is not in substantial compliance with Rule 3.850. *Scott v. State,*364 So.2d 67 (Fla. 4th DCA 1978).

Our affirmance is without prejudice to file a more properly drafted motion for collateral relief predicated on the same grounds. As we emphasized in *Scott,*supra, the recently adopted Rule 3.987, Fla.R. Cr.P., provides a complete fill-in-the-blanks type form to assist prisoners in preparing their 3.850 motions.

AFFIRMED.

DAUKSCH, MOORE and BERANEK, JJ., concur.
#### William Lee OWENS, Appellant, v. STATE of Florida, Appellee.

No. 81-726.

District Court of Appeal of Florida, Second District.

May 13, 1981.

PER CURIAM.

Affirmed. Mr. Owens has raised a question concerning the admissibility of certain impeachment evidence. It has repeatedly been held that relief under rule 3.850 is not available as to any matters which could have been raised by direct appeal. *Falagan v. State,*267 So.2d 109 (Fla.2d DCA 1972); *Mitchell v. State,*381 So.2d 760 (Fla.5th DCA 1980).

RYDER, Acting C. J., and DANAHY and CAMPBELL, JJ., concur.
HomeOffice of the SpokespersonPress Releases...Deputy Secretary Sherman’s Meeting with Foreign Minister Bourita of Morocco

# 									Deputy Secretary Sherman’s Meeting with Foreign Minister Bourita of Morocco							

Readout

Office of the Spokesperson

March 8, 2022

The below is attributable to Spokesperson Ned Price:

Deputy Secretary of State Wendy Sherman met today with Moroccan Foreign Minister Nasser Bourita in Rabat.  Deputy Secretary Sherman and Foreign Minister Bourita discussed ways to further enhance the long-standing bilateral relationship between the United States and Morocco, including shared interests in regional peace, security and prosperity.  The Deputy Secretary and Foreign Minister also discussed international developments, including Putin’s premeditated, unprovoked and unjustified war on Ukraine.  The Deputy Secretary and the Foreign Minister expressed strong support for the United Nations Personal Envoy of the Secretary-General Staffan de Mistura, who is seeking to reinvigorate the UN-led political process for Western Sahara.  The Deputy Secretary noted that we continue to view Morocco’s autonomy plan as serious, credible, and realistic, and a potential approach to satisfy the aspirations of the people of Western Sahara.  The Deputy Secretary and Foreign Minister also discussed the importance of protecting human rights, including freedom of expression, building on the productive September 2021 U.S.-Morocco dialogue on human rights.

Tags

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HomeBureau of Democracy, Human Rights, and LaborRemarks & Releases...Fifth Periodic Report by the United States of America Under the International Covenant on Civil and Political Rights

# 									Fifth Periodic Report by the United States of America Under the International Covenant on Civil and Political Rights							

Report

Bureau of Democracy, Human Rights, and Labor

**Prepared by:** U.S. Department of State and other U.S. Government Agencies**Submitted in compliance with**: United Nations Treaty Obligations

## Background

On behalf of the Government of the United States, the Department of State submits periodic reports to the Human Rights Committee on the implementation of the rights and obligations enshrined in the International Covenant on Civil and Political Rights.  The reporting system is an essential tool for a State to assess what it has achieved and what more it needs to do to promote and protect human rights in the country.  The United States is a strong supporter of the reporting process.

Each country periodically submits a report to the Human Rights Committee every few years, subject to instructions received from the Committee.  Following a report, the Committee identifies specific recommendations in its concluding observations that require immediate attention and can be implemented within a year.  The United States is undergoing review of its fifth periodic report in fall 2023.  Previous periodic reports submitted by the United States Government reflect significant interagency input, as well as consideration of information collected via consultations with civil society and the American public.

## Upcoming Session Links

Fifth periodic report submitted by the United States of America under article 40 of the Covenant pursuant to the optional reporting procedure, due in 2020: International Covenant on Civil and Political Rights

ICCPR Session 139 Page (Oct – Nov 2023)

## Department of State Hosted 2023 Civil Society Consultations Schedule

To RSVP for a session, please contact **ICCPR2023@state.gov**.

## Most Recent Past Review

ICCPR Session 110 Page (Mar 2014)

## Additional Resources

Guidelines for initial and periodic reports

Reporting under the International Covenant on Civil and Political Rights: Training Guide

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Bureau of Democracy, Human Rights, and LaborHuman RightsUnited Nations

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Exhibit 32.2

              CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                     AS ADOPTED PURSUANT TO SECTION 906
                      OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Merchants
Bancshares, Inc. (the "Company") for the period ending September 30, 2003,
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Janet P. Spitler, Chief Financial Officer and Treasurer
of the Company, certify, pursuant to 18 U.S.C. [SECTION]1350, as adopted
pursuant to [SECTION]906 of the Sarbanes-Oxley Act of 2002, that, to the
best of my knowledge:  (1) the Report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (2)
the information contained in the Report fairly presents, in all material
respects, the financial condition and the results of operations of the
Company.

                                       Merchants Bancshares, Inc.

                                       By: /s/ Janet P. Spitler
                                           --------------------------------
                                           Janet P. Spitler
                                           Chief Financial Officer & Treasurer


                                       November 12, 2003
                                       -----------------
                                       Date


<PAGE>
§ 415.206 Services of residents in nonprovider settings. Patient care activities of residents in approved GME programs that are furnished in nonprovider settings are payable in one of the following two ways: ( a ) *Direct GME payments.* If the conditions in § 413.78 regarding patient care activities and training of residents are met, the time residents spend in nonprovider settings such as clinics, nursing facilities, and physician offices in connection with approved GME programs is included in determining the number of full-time equivalency residents in the calculation of a teaching hospital's resident count. The teaching physician rules on carrier payments in §§ 415.170 through 415.184 apply in these teaching settings.
( b ) *Physician fee schedule.* ( 1 ) Services furnished by a resident in a nonprovider setting are covered as physician services and payable under the physician fee schedule if the following requirements are met: ( i ) The resident is fully licensed to practice medicine, osteopathy, dentistry, or podiatry in the State in which the service is performed.
( ii ) The time spent in patient care activities in the nonprovider setting is not included in a teaching hospital's full-time equivalency resident count for the purpose of direct GME payments.
( 2 ) Payment may be made regardless of whether a resident is functioning within the scope of his or her GME program in the nonprovider setting.
( 3 ) If fee schedule payment is made for the resident's services in a nonprovider setting, payment must not be made for the services of a teaching physician.
( 4 ) The carrier must apply the physician fee schedule payment rules set forth in subpart A of part 414 of this chapter to payments for services furnished by a resident in a nonprovider setting.
[60 FR 63178, Dec. 8, 1995, as amended at 70 FR 47490, Aug. 12, 2005]
* The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District of Kentucky, sitting by designation. RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 File Name: 08a0190p.06 

### UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

_________________

G ERARD F. K OLPACKE , Plaintiff-Appellant,

v. CSX P ENSION P LAN ; CSX T RANSPORTATION , I NC .; CSX C ORPORATION ; CSX C ORPORATION C OMPREHENSIVE M EDICAL P LAN ; CSX C ORPORATION G ROUP L IFE I NSURANCE P LAN , Defendants-Appellees. X - - - - > , - - - - - N No. 07-1959

Appeal from the United States District Court for the Eastern District of Michigan at Detroit. No. 05-73734—Victoria A. Roberts, District Judge. Argued: May 2, 2008 Decided and Filed: May 21, 2008 Before: KENNEDY and MARTIN, Circuit Judges; HOOD, Senior District Judge. *

_________________ COUNSEL ARGUED: Randall E. Phillips, PROVIZER & PHILLIPS, P.C., Bingham Farms, Michigan, for Appellant. G. Christopher Bernard, BODMAN, Ann Arbor, Michigan, for Appellees. ON BRIEF: Randall E. Phillips, Marilyn A. Madorsky, PROVIZER & PHILLIPS, P.C., Bingham Farms, Michigan, for Appellant. G. Christopher Bernar d, BODMAN, Ann Arbor, Michigan, for Appellees.

_________________ OPINION

_________________ BOYCE F. MARTIN, JR., Circuit Judge. Plain tiff-Appellant Gerald F. Kolpacke appeals the district court’s grant of summary judgment in favor of defendants on his claim of wrongful denial of benefits in violation of the Employ ee Retirement Income Security Act, 29 U.S.C. § 1132 et seq. Kolpacke alleges that defendants arbitrarily and capriciously denied his claimed benefits by misapplying the relevant pension plan. The distri ct court granted summary judgment in defendants’ favor because Kolpacke had failed to show that defendants’ had arbitrarily and capriciously applied the terms of the pension plan in calculating Kolpacke’s estimated benefits.

1No. 07-1959 Kolpacke v. CSX Pension Plan, et al. Page 2

We have carefully read the parties’ briefs, the applicable law, and the district court’s order granting summary judgment to defendants a nd its order denying plaintiff’s motion for reconsideration, and we agree no genuine issues of material fact exist and defendants are entitled to judgment as a matter of law on Kolpacke’s claim. Because the district court’s decisions are well-reasoned, we see no reason to embellish upon its opinions. Therefore, we AFFIRM the district court’s grant of summary judgment to defendants on Kolpacke’s ERISA claim for the reasons stated in the district court’s orders.
HomeOffice of the SpokespersonPress Releases...Friends of Sudan Statement on Publication of UNITAMS Summary Report

# 									Friends of Sudan Statement on Publication of UNITAMS Summary Report							

Media Note

Office of the Spokesperson

March 2, 2022

Canada, France, Germany, Italy, Kuwait, the Netherlands, Norway, Saudi Arabia, Spain, Sweden, United Arab Emirates, the United Kingdom, the United States of America, and the European Union, as members of the Friends of Sudan, welcome the publication by the UN Integrated Transition Assistance Mission in Sudan (UNITAMS) of its summary report on consultations with Sudanese stakeholders, against the backdrop of Sudan’s ongoing political crisis.

The active engagement of a wide range of Sudanese stakeholders in the consultations, including those representing women, youth, and other groups and regions is a strong and encouraging sign of the actors’ unwavering commitment to resolving the political crisis and to paving the way for a democratic and peaceful Sudan. The report reflects their views and demonstrates strong consensus on a number of key issues and principles, including: installation of a transitional cabinet of civilian technocrats; reduction in the size and powers of the transitional Sovereign Council; establishment of a transitional Legislative Assembly composed of civilians; the equitable participation of women in the transitional institutions; the importance of transitional justice and accountability; and the need to establish new electoral laws and bodies which can deliver free and fair elections.

The areas of consensus provide an important basis for further efforts by all Sudanese parties to find a common understanding on the way forward, by agreeing on a new constitutional and legal basis and governance arrangements for the remaining transitional period, pending credible elections. These efforts must remain Sudanese-owned and –led, and we welcome the commitment of UNITAMS, the African Union, and the Inter-Governmental Authority on Development, as well as the EU, the League of Arab States, and Friends of Sudan, to work together to support the process.

The UNITAMS report also notes overwhelming consensus on the need to build a conducive environment for a political process, by stopping violence and killings in the context of protests, lifting the State of Emergency, ending unjust detentions, ceasing attacks on hospitals, and respecting rights to free expression and peaceful assembly.

The Friends of Sudan call on all relevant Sudanese stakeholders to engage in the next phase of a political process to resolve the political crisis in Sudan. We remain committed to supporting the aspirations of the Sudanese people for a free, democratic, peaceful, and prosperous Sudan.

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Exhibit 99.2

              CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                     AS ADOPTED PURSUANT TO SECTION 906
                      OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report on Form 10-Q of Merchants
Bancshares, Inc. (the "Company") for the period ending September 30, 2002,
as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Janet Spitler, Chief Financial Officer and Treasurer of
the Company, certify, pursuant to 18 U.S.C. [SECTION]1350, as adopted pursuant
to [SECTION]906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge: (1) the Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (2) the
information contained in the Report fairly presents, in all material
respects, the financial condition and the results of operations of the
Company.


                                       Merchants Bancshares, Inc.

                                       By: /s/ Janet P. Spitler
                                           --------------------
                                           Janet P. Spitler
                                           Treasurer
                                           (Chief Financial Officer)

                                       November 14, 2002
                                       -----------------
                                       Date


<PAGE>