Sunday, January 07, 2024

With U$ Government Help Lacking, Volunteers Scramble to Help Indigenous Victims of Health Care Fraud


Stolen Benefits Stolen Peoples
 volunteers Raquel Shaye and Reva Stewart drag a wagon filled with bottled water and other supplies to start handing out at a bus stop on 19th Avenue and Dunlap in Phoenix during an outreach effort in September 2023. 
(Photo by Shondiin Silversmith for the Arizona Mirror)


LONG READ

BY SHONDIIN SILVERSMITH, 
ARIZONA MIRROR
 JANUARY 05, 2024

Loading the back of a Subaru Outback with supplies, three Indigenous women make sure they have enough water, food and care packages to serve Indigenous people who have been displaced in different parts of the Valley.

“It’s gotten worse,” StolenPeoplesStolenBenefits Advocate Reva Stewart said of the displacement of Indigenous people in the city. 

Most of the displacements are the direct result of the fraudulent behavioral health facilities that proliferated unchecked for years across the Phoenix area, targeting Indigenous people who are enrolled in Arizona’s Medicaid program so that the facilities can bill the program, often for services they never provided.

“Deaths are still happening (as a result of these fraudulent facilities),” Stewart said. “We shouldn’t be having any deaths if they’re in a (legitimate) sober living facility or a home.”

Stewart, who is Navajo, has been advocating and helping Indigenous people who have been displaced by these fraudulent facilities for about two years. 

In that time, she said the number of Indigenous people who have been brought down to the Phoenix area, some even from out of state, by these fraudulent facilities is only increasing, and she does not see any genuine efforts from officials to help. 

“We’re going through genocide,” Stewart said of how bad the crisis has gotten. “Acknowledge that this is actually going on.”

Stewart and StolenPeoplesStolenBenefits, a volunteer group of Indigenous people based in the Phoenix area, are the boots on the ground across the Phoenix area, and they go out almost every day to help in any way they can.  

Four people provide outreach efforts for the group: Stewart, Jeri Long, Raquel Shaye and Jared Marquez. 

During one of their outreach efforts this fall, the group’s first stop was a park near the Phoenix Indian Medical Center at 16th Street and Indian School Road. The team loaded up a wagon full of supplies and walked around the park, talking to anyone they believed may need help. 

Stewart pulled the wagon full of water and care packages as Shaye approached people, many of whom were Indigenous, asking if they needed assistance. Long walked alongside Stewart with a bag of peanut butter and jelly sandwiches, offering one to everyone they approached.

“We see the recruiting on a daily basis,” Stewart said. Even when they are out doing their outreach efforts, she said they constantly encounter people handing out flyers for rehabilitation services or trying to talk people into going with them.

Once they finish with one area, they move on to the next. The group has identified areas across the Valley where displaced Indigenous people may gather.

“They recognize us now,” Shaye said. She added that the group members try to help everybody because many feel alone, unwanted or as if they’re a burden.

Due to the amount of outreach their group has done, they’ve built trust among the Indigenous people they help, often being told precisely where the fraudulent rehabilitation houses are located and the conditions residents are kept in.

“I report what relatives tell me,” Stewart said. “Once they get comfortable with you, they’ll tell you, they’ll give you the address, and I report that.”

Stewart said many of the people being displaced have been traumatized by these facilities and are often left in worse states than before they entered. She said these fraudulent facilities offer promises of stability with jobs and housing but also sobriety. But those promises are empty. 

‘It’s like our government does not care’

Stewart remembers how local, state, federal and tribal leaders made public statements that they would help the Indigenous people left on the streets after a sweeping crackdown on the fraudulent rehabilitation facilities in May 2023, but their attention was short-lived. 

“They said they were going to be out here helping,” Stewart said. Still, the last time she saw any government official make an effort to help was shortly after Gov. Katie Hobbs and Arizona Attorney General Kris Mayes announced they would start shutting down these fraudulent facilities.

“The shutdowns have happened, but you don’t see anybody helping our relatives get off the street,” Stewart said.

Stewart has been raising awareness about the fraudulent rehabilitation facilities for two years. During that time, she gathered testimonies from people who these facilities have harmed, documented encounters with individuals recruiting for them, maintained a list of people who have gone missing and kept count of the people who lost their lives after spending time in these places.

“It’s like our government does not care,” she said. “I don’t understand.” 

Stewart said she had written hundreds of reports on her findings and has shared them with the Governor’s Office, the Attorney General’s Office, the FBI, Arizona Health Care Cost Containment System (AHCCCS), Arizona tribal leaders and the Office of the Inspector General.

“They’ve never responded,” Stewart said, and it’s been a year and a half since she started sending out her reports. She has about three large boxes full of papers documenting her work.

When Hobbs and Mayes publicly addressed the issue for the first time in May 2023, they called it a “humanitarian crisis” and a “stunning failure of the government.”

Since then, the state has shut down hundreds of providers for behavioral health, residential, and outpatient treatment services after investigators found evidence that they defrauded the state’s Medicaid program out of hundreds of millions of dollars.

AHCCCS spokeswoman Heidi Capriotti said an updated list of suspended providers is available almost every Friday, and the agency continues to suspend providers when they can.

“We cannot impose a payment suspension on a provider until another law enforcement agency has accepted our referral and basically verifies our findings,” Capriotti said. 

When providers are suspended, it is only for payments, she added. The provider can still provide services to their patients but will not be reimbursed for any submitted claims.

Provider payment suspensions, known as credible allegations of fraud suspensions, are the first step of required action when Medicaid payment fraud is identified and the beginning of multi-agency investigations.

In a statement to the Arizona Mirror, Mayes reiterated her stance on the fraudulent behavioral health facilities, saying it is “undeniably one of the worst government scandals in our state’s history.”

“The magnitude of this scandal and its profound human toll on those grappling with addiction problems cannot be overstated, and their suffering has only been exacerbated by the systems that should have protected them,” she said. “The Arizona Attorney General’s Office will continue to investigate and aggressively prosecute the individuals and entities who have defrauded the state of millions of dollars by exploiting vulnerable individuals.”

The most recent case from Mayes’ office involving fraudulent facilities was announced on Dec. 6, when a grand jury indicted 10 people on charges of illegal control of an enterprise and other charges related to patient brokering. 

The defendants allegedly ran unlicensed sober living or transitional living homes around the Valley. Those 10 people are accused of agreeing to send 75 patients, many of whom were on the American Indian Health Plan administered by the AHCCCS, to a fake behavioral health care facility. 

Mayes stated that her office is ready to assist AHCCCS and the Governor’s Office in any way possible as the state continues to manage the humanitarian fallout resulting from the fraudulent sober living facilities.

The Arizona Mirror contacted Hobbs’ office multiple times for an update, but no response was received.

The local FBI office in Phoenix was another agency committed to addressing the crisis. The office put a call out to victims who may have been recruited to live in and receive services in group homes.

In an email response to the Mirror, FBI spokesman Kevin Smith stated that it is still an active investigation.

 “The FBI’s involvement here is a federal investigation into healthcare fraud that is occurring, essentially the misuse (of) millions of taxpayer dollars,” Smith said in an email to the Mirror. 

“While the human toll is very much a part of this story, it is not within the FBI’s scope or purview to work on the social service side of this case,” he added. 

Smith said the FBI is working to find the people setting up and running the fraudulent services to remove them from the health care system so that they can no longer victimize people and deter others from trying.

As of December, more than 300 health care providers for behavioral health, residential, and outpatient treatment services have been shut down. AHCCCS updates the list of suspended providers on their website. 

When the shutdowns were announced in May, Capriotti said there was some concern that fraudulent providers would disappear and leave people stranded with no follow-up care or care coordination for the patients.

That is why AHCCCS launched the 211 hotlines, Capriotti said, so that anyone affected by the provider closures has a place to get help.

“We are very concerned about the humanitarian side of this,” Capriotti said, and that is why AHCCCS did not start issuing suspensions until there was a “mitigation strategy” in place with the 211 hotlines. 

Capriotti said AHCCCS is working with Solari, the statewide crisis vendor, which manages that hotline with various state partners to find temporary lodging or other behavioral health services and transportation, if needed.

“As of Aug. 22, we had fielded more than 11,700 calls to that hotline,” Capriotti said, but those calls are not all from people affected by the shutdowns.

Capriotti added that AHCCCS has deployed seven mobile crisis teams and has coordinated more than 13,000 nights of temporary lodging.

“We’ve directly helped more than 4,000 individuals,” she said, adding that AHCCCS also took the time to educate law enforcement officers across the state and provide them materials to hand out about the 211 hotlines.

“If they come across people on the street who have been affected, they know how to refer people to 211,” Capriotti said. 

In order to eliminate fraudulent billing, Capriotti said that AHCCCS has made multiple system-wide improvements to the Medicaid payment system. 

Some of the changes include eliminating the ability for members to switch enrollment plans over the phone, disallowing providers to bill on behalf of others and setting a specific rate for billing related to drug and alcohol treatment services.

“We’re very concerned about making sure our American Indian Health Plan members are safe and getting the services they need,” Capriotti said.

Lots of talk, little action

While the fraudulent scheme has resulted in what state officials are now calling a “humanitarian crisis” and a “stunning failure of government,” the StolenBenefitsStolenPeople team still believes not enough is being done to help the Indigenous people who were preyed on.

Long said it’s not that officials are not aware of their grassroots organization’s work, but it’s more along the lines of them not wanting to acknowledge it.

“It’s one of those things where there’s just no justice being done,” Long, who is Navajo, said. “There’s no accountability, there’s no action, there’s nothing, and they won’t listen to us.”

For instance, the team has provided reports and reached out for collaboration with state agencies and local tribes, but it has often resulted in little to no commitment on their end.

The team recalls how the Navajo Nation established Operation Rainbow Bridge in response to the crisis in May and how the Navajo Nation Police Department set up on-the-ground efforts for a few weeks during the summer. 

But the team has yet to see much progress since.

“We don’t understand why a lot of the tribes are not stepping up and helping,” Long said.

More recently, the team worked on organizing a mass transport with the White Mountain Apache Tribe to get some of their citizens who were displaced by the fraudulent facilities back home from the Phoenix area. 

Shaye, who is from the White Mountain Apache Tribe, said since she started the outreach work, she has noticed that there are a lot of her community members who were victimized, including some who died of overdoses in the fraudulent homes. 

“We counted 38 deaths,” Shaye said. 

A majority of the work done by the group relies on funds they raise through their GoFundMe page, which helps pay for their outreach efforts and transportation costs to get Indigenous people home. 

Long said they’ve paid for bus and plane tickets and even driven people back to their homes. They have had people call them in the middle of the night asking for help.

“We’re getting a lot done, and a lot of people trust us now,” Long said. “We want to help as many as we can. We can’t save everybody, but we want to help as many as we can who want the help.”

Long said their efforts have helped a lot of people, and they’ve been able to place people in legitimate treatment facilities or get them safely home. 

They’ve had families reach out to them for help locating a missing loved one, and Long said sometimes they’ve been successful, and sometimes they’re not. 

Long said the current crisis impacting Indigenous people is not okay, and it is not okay for an already underserved population to continue to be ignored and for what is happening to be swept under the rug by leaders who promised they’d help. 

“Don’t continue to think that this is just gonna go away, which a lot of them are hoping that it’ll just go away. It’s not going away. It’s getting worse. Do something about it,” she said. “Be accountable for your actions. Be accountable for the words that you said back in May.”

Stewart said the group’s whole purpose is to make sure that those being displaced know that somebody cares who will share with them what their options are if they choose to go back home, get treatment, or go into a legitimate facility. 

“Regardless of what they’re feeling, they want to know you care,” Stewart said.

Stewart said their group still tries to utilize the state resources set in place, like 211, but since they launched, she has seen a decrease in the sense of urgency to provide help. 

“There is such a delay that they tell them to go to the homeless shelters,” she said. “That’s all they do, or they call us.” 

It is frustrating, Stewart said, because it may be “convenient” for the 211 operators to shuffle the ones seeking help away to a homeless shelter, but in the end, it doesn’t accomplish much because these shelters end up calling their group for help.

“CASS, the homeless shelter in downtown Phoenix, they have reached out to us,” she said, and they’ve had tribal officials, state officials, family services and other entities reach out to their group for help. 

“It’s non-stop for us,” Stewart added.

Since the state implemented the 211 hotline services, Stewart said it was very helpful initially, but now, agents working with 211 have often sent people in need to their group for help. 

“211 tells them to call us,” she said. “We’re helping, but why are they using us as a resource when they should be a resource?”

Stewart said she’d like to know why 211 is not doing what it was initially set up to do, which was to help ensure the health of the Indigenous people being displaced.

Many of the Indigenous people being displaced were promised some form of help and then ended up being put out because the facility they entered ended up being a fraud.

Stewart said the fraudulent facilities are such a massive scheme in Arizona that officials across the state should have been on board with the efforts to combat it, regardless of which city they were in, because these facilities are spreading. 

“They’re popping up everywhere,” she said, adding that she has records of these places setting up in Wickenburg, Prescott, Pinetop, Camp Verde, and Tucson. 

In September, the city of Tucson dealt with its first significant shutdown of these fraudulent services, which displaced dozens of Indigenous and non-Indigenous people alike from the Ocotillo Apartments and Hotel. 

The issue has been discussed within the Tucson community before. Victoria Boone, the wellness director for the Tucson Indian Center, held a town hall about the topic over the summer. 

Boone said fraudulent treatment homes started popping up in the Tucson area within the past year, and it’s become more prevalent in the last six months. 

“It appeals to a lot of people because it’s a roof over their head,” Boone said. She’s seen the recruiting happen right outside their office in downtown Tucson, where people would hand out pamphlets, brochures and business cards. 

She said she understands the appeal because they are pulling individuals off the street or from their tribal lands, promising food, shelter, clothes, work and the hopes of getting sober. But when they get to these places, that’s not what happens. 

Boone said they’ve had individuals come into the Tucson Indian Center and share their experiences with these fraudulent homes. She’s heard people say they’ve had their documents stolen or were instructed to lie about their addictions so the homes could bill for services.

“They’re not getting true help,” Boone said. 

Stewart said she wants accountability from the Tribal, state and federal leaders who promised to help those impacted by this crisis. 

“I want accountability for all the families that have to deal with this,” she said, because so many families are not being heard, and people have died due to these fraudulent facilities.

“This should have never happened,” Stewart added. “Why is it still happening?”

 


Alaqua Cox as Maya Lopez in Marvel Studios' Echo, exclusively on Disney+. (Photo by Chuck Zlotnick. ©Marvel Studios 2023. All Rights Reserved.)

Echo, the latest Disney+ series from Marvel Studios, tells the story of a Native American woman, Maya Lopez, who rises to become boss of the New York street gang Tracksuit Mafia under the tutelage of crime lord Kingpin (Vincent D’Onofrio), all while being deaf and a leg amputee.

Alaqua Cox (Menominee), who is also an amputee and deaf, reprises her character from Hawkeye, torn between the criminal underworld and the Choctaw family that shaped her childhood, leading her to return to her hometown where she must come to terms with her past, reconnect with her Native American roots, and embrace her family and community. 

Native News Online spoke with director Sydney Freeland as she discussed Marvel's partnership with the Choctaw Nation of Oklahoma, Maya’s superpowers and what she is excited about for audiences to learn about Indian Country. We also spoke to Cox about her starring role.

All episodes of Echo will be available to stream on Disney+ and Hulu on January 10, and will be available on Hulu until April 9, 2024. 

Editor's note: This interview has been edited for clarity and length.

Native News Online: How is the show different from other shows that you have previously written and directed? 

Sydney Freeland: I am so excited that we get to have the MCU’s (Marvel Cinematic Universe) first Native Indigenous badass. We say that because she is not a hero but a villain, and that is one of the things that I find so interesting about the character. What was so great about Hawkeye was the fact that she was a villain and criminal. We really leaned into that. I am really excited for audiences to see different corners of the MCU but also for Marvel fans to be introduced to Indian Country.  

NNO: While Maya’s identity in the comics is traditionally associated with the Blackfeet Tribe, why did the creative team behind the scenes make the change to Choctaw? 

SD: We have deaf representation and Indigenous representation. In the first comic book run, the character Maya Lopez is Blackfeet, and Daredevil is beautifully illustrated, and there is a bunch of Native American iconography and imagery, but it's arbitrary. There are things from the ancestral Pueblos in the Southwest, and it's like, “Oh, that’s Inuit from Alaska, and that's Six Nations from New York.” That's not the fault of the illustrators, but it was just the resource they had at the time when making this. We wanted it to be as authentic as possible because we had Choctaw writers in the writing room. I think that it came about organically being able to engage the Choctaw Nation and their input and advice on things that sealed the deal for us. 

NNO: Can you explain Maya's superpowers within the show and why they differ from her comic book counterpart?

SD: On the deaf perspective side in the comic books, Maya Lopez is also an expert lip reader. “I am Indigenous, but I am not deaf”, is one of the things we really worked hard to do. [We had] deaf writers in the writer's room, deaf consultants behind the scenes, an ASL [American Sign Language]  master who translated scripts from English to ASL, and also deaf-Indigeous actors playing deaf-Indigneous roles. One of the things that we all learned along the way was that even the best lip readers in the world can only understand about 30 percent of everything that is being said. In our efforts for authenticity we decided to deviate from that in the comic books in order for it to be more authentic to the deaf experience. As far as Maya’s powers and how they differ in the series, you will just have to watch and find out how it all comes together.

NNO: What did you love about playing your character Maya Lopez? 

Alaqua Cox: “I loved playing her because she is just a really challenging character to become. I had to have an acting coach help me become and use her emotions to be able to become her. She’s full of rage, and when I look at that kind of character, I am able to slowly become her by watching her more and more and thinking about her. She is also stubborn, which I am as well, and that helped me become and embody her.” 

We wanted it to be as authentic as possible because we had Choctaw writers in the writing room. I think that it came about organically being able to engage the Choctaw Nation and their input and advice on things that sealed the deal for us. — Sydney Freeland, Director of Marvel Studios' Echo

NNO: What influenced you to pursue your career as an actor?

AC: I never actually ever thought of acting as a career at first. I was sent the casting call from a friend on social media that they were looking for an Indigenous deaf woman in their twenties. At first I said no, but then I had two other people send it to me so I thought I would give it a shot and here we are. Now I have the role, could you imagine if I said no at first, I wouldn’t even be here, but so grateful to be here now.

NNO: How did you go about preparing to play Maya Lopez? Were there lessons from your own background or family history that were brought in to add details into your role?

AC: I prepared myself by meeting with the director beforehand. She helped me develop the character, rehearsed lines together, and wanted to bring Maya to life, which really helped me a lot. I had an acting coach and a deaf consultant who helped me on set that would translate all of my lines from English to ASL, and that is how we became Maya with the help of all those people.

NNO: What do you hope audiences will take away from your character, especially within the Indigenous community? 

AC: I think about the importance of family and community because when you think about Maya opening up to her blood family, she struggles with that. She then realizes that she needs to open up somehow and find the understanding of what family means, and I am hoping the audience will be able to see that throughout this series.

ECHO, releasing on Disney+ & Hulu. (Image © 2023 MARVEL)

Marvel Studios' new show Echo is a thrilling new approach to the storytelling comic book fans have come to love from the Marvel Cinematic Universe (MCU). 

The upcoming series' lead character is a deaf amputee Native American anti-hero who was last seen in the Marvel series Hawkeye

Echo be the first time a Marvel Series has a TV-MA rating, which means the program is specifically designed to be viewed by adults and, therefore, may be unsuitable for children under the age of 17. It will also be the first Marvel Studios series to debut simultaneously on Disney+ and Hulu beginning January 10. 

 Native News Online had the chance to sit down with  Echo executive producer Richie Palmer to discuss his involvement in the series, Indigenous representation, shooting his favorite scene, and how actors brought their own personalities to the show. 

Editor's note: This interview has been edited for clarity and length.

Native News Online: How did your involvement in the show Echo come about and what drew you to it? 

Richie Palmer: We are all big fans of the character Maya Lopez at the studio. I can get very specific with you because she comes from an awesome run of Daredevil comics in the late 90s that I actually remember reading when they were coming out. Those single issues were a very famous run illustrated by Joe Costa and written by David Mack, who has done awesome covers. This was a very iconic period at Marvel comics. [These] characters really stood out and were always a favorite of ours behind the scenes. [We were always] saying, "Wouldn't it be great if we could tell the story of Maya Lopez one day?" It was always a question of how to do it; how do we tell a story about Maya Lopez that isn't going to get bogged down by the rest of the MCU (Marvel Cinematic Universe); and how can we take this character from the comics that we see a lot of potential in and bring her to screen and really tell a story about her and her family and not get it so wrapped up in everything else going on in the larger universe.

 NNO: How has Indigenous representation changed during your career so far?

RP: It has definitely grown, and when you have a show like Echo or Reservation Dogs, these shows are bringing things to the forefront that five to 10 years ago wouldn't have been. It has been a real growing experience for us here at Marvel. I hope that Maya Lopez bringing her Native culture to screen in such a grand way because of what we can do at Marvel, I hope that we can also do with other relatively obscure characters from the comics and bring them to the forefront and put them in the spotlight of the Marvel Universe, and with that honor and culture that comes with some of these characters.

NNO: Why is it important to include Indigenous people not only in the cast but in the storylines as well?

 RP: We couldn't pick a character like Maya Lopez and put her on screen and not authentically represent who she is as a person. In the comics, her background is a little inconsistent, I would say, so we decided to make her Choctaw because we had writers from all different backgrounds and tribal affiliations in our writer's room. It was our Choctaw writer, Steven Paul Judd, who kept bringing very personal stories to the table, and we wanted to tell the stories he was telling. We had to make sure that we were honoring the Choctaw culture if we were going to tell these stories. We met with the Choctaw Nation, Chief Baton, and his team, and it was an instant partnership. It was so important just because we needed to tell a very entertaining story with a very complex character that was deaf and Choctaw. We needed to make sure that we got those things right. If we don't get those things right, then nobody is going to care about the fun story we are trying to tell with this fun character. It all just went hand in hand, and it was really important that we got those aspects of the character correct.

NNO: Were any of the actors involved in the writing of the language in the series? It has this rich but unexpected comedic nature that I really love about it. 

RP: All the actors, especially when using ASL, brought their own personality to their characters. They were all there in terms of dialogue and shorthand, making sure that everything felt authentic to each specific character. We had a producer on set named Doug Ridloff, who was deaf and worked with all the actors to each have their own way of signing. The whole thing was a collaboration where we were working on all the actors' scenes, which kept it loose and fresh and authentic to real humans.  

NNO: What was your overall experience producing Echo, and what was your favorite thing about the process?

RP: It was amazing, and we learned a lot. Seeing over the course of making the show what it means to people really grounds you and reminds you of the kind of power that we have and how responsible you have to be with it. For me, it was working with great people like Sydney Freeland, our cinematographers, costume designers, and the production side — we had such a great team on this one. 

Everybody was from different backgrounds, and it was truly a special time. A very special sequence we got to do was shoot a powwow. We put on a real powwow and flew in people who are real powwow dancers, drummers, and emcees. We brought in real people and put on a real powwow over five nights. It was unlike anything I have ever experienced before in my life. 

About The Author

Kaili Berg
Staff Reporter
Kaili Berg (Aleut) is a member of the Alutiiq/Sugpiaq Nation, and a shareholder of Koniag, Inc. She is a staff reporter for Native News Online and Tribal Business News. Berg, who is based in Wisconsin, previously reported for the Ho-Chunk Nation newspaper, Hocak Worak. She went to school originally for nursing, but changed her major after finding her passion in communications at Western Technical College in Lacrosse, Wisconsin.
After Hollywood, Bollywood fights 'unfair' contracts

4th January 2024
By Cherylann MollanBBC News, Mumbai

Bollywood writers say the harsh clauses in their contracts affect their creativity

Writing is a lonely business, and for many in India's Bollywood, not a profitable one.

Unless a screenwriter lands a big break - a successful film where they also get credit. But until then, money and opportunity are often in short supply.

A major reason, writers say, is the "harsh contracts" they have to sign, which they allege are designed to protect the interests of the producer.

"Most contracts have arbitrary termination clauses and offer paltry fees, especially to newcomers," says Anjum Rajabali, a senior member of the Screenwriters Association (SWA) - the Indian equivalent of the Writers Guild of America (WGA) - which has more than 55,000 members across the country.

"They also don't pay writers for reworking drafts and give producers the right to decide whether a writer should be credited for their work or not," Mr Rajabali says, adding that some contracts even ban writers from approaching the union if there's a dispute with the producer.

The SWA has advocated for members' rights for decades, but recently, it has been exploring more assertive ways to reduce the alleged power imbalance between producers and writers.

In December, it held a meeting to discuss changes writers would like to see in their contracts. More than 100 writers, including some big Bollywood names such as Abbas Tyrewala and Sriram Raghavan, attended.

"The plan now is to invite producers to sit across the table and work with us to make contracts more equitable," Mr Rajabali says, adding that "most producers agree" that writers need better pay and some kind of job security.

The BBC has emailed questions to the Producers Guild of India, but has not received a response.

YRFLast year, hardline Hindu groups raked up a controversy over the colour of a bikini in a song in the movie Pathaan

The successful outcome of a months-long writers' strike in the US last year has bolstered the confidence of Indian screenwriters to put forth their demands. The strike, which brought Hollywood to a halt, forced producers to agree to better terms for writers.

But the movement in India is still in a nascent stage, and experts say that something as drastic as a strike isn't likely soon. This is partly because of the way the industry functions, where good relationships are key to getting work, and because of the sheer number of people waiting to catch a break.

It's also because contracts for writers are a relatively new phenomenon in India. Up until the mid-2000s, writers relied on the "word" of a producer when it came to getting paid. Even the amount for a script was negotiated orally and producers would pay writers irregularly rather than in steady instalments.

"After big corporations started funding studios, writers started being given contracts. But as producers have tried to increase profits and cut down on financial risks, the contracts have become harsher and more unreasonable," Mr Rajabali says.Why audiences turned against a Bollywood epic

He points out a particularly unfair clause many producers have begun adding to their contracts - that a writer will have to indemnify the producer for any losses incurred due to protests or controversies sparked by a film.

He says this is because of increasing instances of hardliner groups targeting films for "hurting religious sentiments". Protesters have torn posters, destroyed film sets and filed complaints over dialogues or scenes they find offensive.

As a precaution, producers have started getting lawyers to approve scripts, Mr Rajabali says, adding that it is unfair to ask writers to "pay for losses after you have bought the script".

Writers say such clauses put them in a vulnerable position and that the insecurity affects their creativity.

Hitesh Kewalya, a Mumbai-based screenwriter, remembers how difficult his life was before he managed to get a foothold in the industry.

He had quit his job in advertising to pursue scriptwriting, but struggled to pay rent.

"At one point, I had written seven movie scripts, but because the films didn't get made, I wasn't paid for any of them," Mr Kewalya says.

He adds that things haven't changed much for today's writers and many quit the industry because it's hard to make a living.

But there's a sliver of a silver lining, as some producers have begun taking corrective steps.

Nikhil Taneja, who earlier worked in a senior role at one of Bollywood's biggest film production companies, says that he has started offering remuneration proportionate to the scale of a project to writers working with his own company, Yuvaa. This means that if a platform increases the budget for a project, the writer's fee is also increased - a rare clause in the entertainment industry.

Mr Taneja admits that writers' contracts are exploitative, but says this is more because of the nature of filmmaking.

"Filmmaking is a risky business because there's no science to it. A film with the best director and biggest stars can flop or struggle to get a release. And it's the producer who has to bear the loss," he says.

It's true that producers enjoy the biggest share of profits when a film does well, but when it doesn't, they still have to pay people.

He says that the proliferation of streaming platforms has made it even more difficult for films to be discovered and watched, let alone become a hit.

Another reason is the way films are made - often, the script changes during the shooting with inputs from actors, directors or dialogue writers. It can change drastically during editing too.

"So the finished product is very different from the initial script and that's why producers pay a major portion of the writer's fee towards the end of a project," Mr Taneja says.

But he says that this does not mean that things should continue as they are and that writers - whose scripts are the building blocks of a film - deserve to be treated better. "But this will happen only when writers come together and demand their rights. Only then will the industry take notice," he says.

Meanwhile, Mr Rajabali says the SWA will continue to press for its demands, which include giving all writers at least a minimum basic fee, due credit and ridding contracts of exploitative termination and indemnity clauses.

"The fight is going to be a long one, but writers are known to be perseverant people."
COP29 DEJA VU
Azerbaijan names a former oil exec to lead climate talks. Activists have concerns

SIBI ARASU
Fri, January 5, 2024 

FILE - Mukhtar Babayev, Azerbaijan ecology and natural resources minister, attends a plenary stocktaking session at the COP28 U.N. Climate Summit, Monday, Dec. 11, 2023, in Dubai, United Arab Emirates. Babayev has been named to lead the United Nations' annual climate talks later this year, prompting concern from some climate activists over his former ties to the state oil company in a major oil-producing nation.(AP Photo/Rafiq Maqbool, File)More

Azerbaijan's ecology minister has been named to lead the United Nations' annual climate talks later this year, prompting concern from some climate activists over his former ties to the state oil company in a major oil-producing nation.

Mukhtar Babayev's appointment was announced on X by the United Arab Emirates, which hosted the climate talks that just ended in December, and confirmed Friday by the United Nations. Officials in Azerbaijan did not immediately respond to messages seeking to confirm the appointment.

Babayev, 56, has been his country's minister for ecology and natural resources since 2018. Before that, he worked at Azerbaijan's state oil company for more than two decades.

Similar concerns dogged Sultan al-Jaber, the head of the UAE's national oil company, as he presided over the talks in Dubai known as COP28. The COP president is responsible for running talks and getting nearly 200 countries to agree on a deal to help limit global warming, and skeptics questioned whether al-Jaber would be willing to confront the fossil fuels causing climate change.

The conference ultimately resulted in a final agreement that for the first time mentioned fossil fuels as the cause of climate change and acknowledged the need to transition away from them, but it had no concrete requirements to do so.

Oil and natural gas bring in around 90% of Azerbaijan’s export revenues and finance around 60% of the government budget, according to the International Energy Agency. Climate activists said the country needs to look past its own fossil fuel interests if it's going to host successful talks.

Mohamad Adow of climate think tank Power Shift Africa said it’s “concerning to be once again having the world’s climate negotiations coordinated by a petrostate that has a big interest in oil and gas production." But he was hopeful that climate negotiators could be successful in Azerbaijan’s capital Baku as “the COP in Dubai resulted in an outcome more positive than many expected.”

“He’s got a huge job to do," said Adow. "He needs to start working on getting rich countries to deliver serious, long-term finance that will tackle the climate crisis.”

Harjeet Singh, global engagement director for the Fossil Fuel Non-Proliferation Treaty Initiative, said that “with another petrostate hosting the climate conference, our concerns multiply."

Babayev "must transcend the vested interests of the powerful fossil fuel industry that is primarily responsible for the climate crisis," Singh said.

Melanie Robinson, global director for the climate program at World Resources Institute, didn't comment directly on Babayev but said “stakes will be high” in Azerbaijan, where nations will tackle issues including how to finance climate change adaptation and mitigation around the world, particularly in poorer countries.

“As with all presidencies, the world will be looking to Azerbaijan to fairly facilitate the most ambitious outcome possible,” she said.

The United Nations moves the talks around the world with different regions taking turns. They're typically announced two years in advance, but the decision to hold 2024 talks in Azerbaijan came just 11 months before the negotiations are supposed to start.

That was due to a longtime standoff between Eastern European nations, the region designated to host in 2024. A prisoner swap between Azerbaijan and Armenia in early December led to Armenia supporting Azerbaijan's COP29 bid.

___

Associated Press science writer Seth Borenstein in Washington and freelance journalist Aida Sultanova in London contributed.

___

The Associated Press’ climate and environmental coverage receives financial support from multiple private foundations. AP is solely responsible for all content. Find AP’s standards for working with philanthropies, a list of supporters and funded coverage areas at AP.org.

Anger as oil and gas industry veteran chosen to lead next Cop climate talks

Jane Dalton
THE INDEPENDENT UK
Fri, January 5, 2024

Scroll back up to restore default view.


A veteran of the fossil fuel industry has been appointed to lead the world’s next round of climate emergency negotiations, prompting dismay among environmentalists.

Mukhtar Babayev spent more than 24 years working in Azerbaijan’s State Oil Company of the Azerbaijan Republic (Socar), according to his LinkedIn profile.

Last year there was widespread anger at the appointment of Sultan Al Jaber, the chief executive of the Abu Dhabi National Oil Company, to head the climate talks in Dubai.


Mukhtar Babayev spoke at Cop28 in Dubai (AP)

Ending the burning of fossil fuels is seen as vital to keeping global temperature rises under 1.5C and averting the worst effects, such as drought, floods and devastation of food production.

The Azerbaijani government appointed Mr Babayev, its ecology and natural resources minister, as president of the United Nations Cop29 talks that are due to be held in Baku in November.

Scientists and climate campaigners expressed disappointment at the appointment.

Green Party co-leader Carla Denyer told The Independent: “A dangerous and very unwelcome pattern is developing with this latest planned appointment – the oil industry capture of the COP process.

“COP works because it brings together governments, the people most impacted by climate change and non-governmental organisations.

“Consensus and actions to combat climate change have been hard won. This is at risk if we allow COP to be taken over and run in the interests of the very people who are creating and profiting from the crisis.”

University of Pennsylvania climate scientist Michael Mann wrote on social media that the UN Framework Convention on Climate Change had not taken to heart scientists’ call last year for oil industry executives to not be allowed to exert heavy influence over – much less lead – annual climate negotiations.

However, according to a leaked 2008 telegram from the US Azeri ambassador to the US government, Mr Babayev’s approach put him at odds with Socar’s “grand old man”, a company chief.

He wanted to alter how his company developed its resources, the document shows, saying he had to change its attitude to the environment, ensuring it preserved the environment while fulfilling its mission to develop Azerbaijan’s hydrocarbon resources.

He said Socar was trying to establish a master plan for cleaning-up the Absheron Peninsula, devastated by oil and chemicals production, and that his mission was to "change the mentality" of Azerbaijanis over their responsibilities to preserve the environment.

Azerbaijan, which is rich in fossil fuels, has an estimated 2.5 trillion cubic metres of natural gas reserves, according to a 2021 BP review, and is aiming to double gas exports to Europe by 2027.

At last year’s Dubai talks, an 11th-hour accord was struck calling for the first time for “transitioning away from fossil fuels in energy systems, in a just, orderly and equitable manner”.

But some environmentalists condemned it for failing to set out detailed plans to cut fossil fuel use and keep global warming below 1.5C.
India's Gujarat holding talks with Japan, US firms as Modi eyes chipmaking hub

Thu, January 4, 2024 

Illustration picture of semiconductor chips on a circuit board

By Rupam Jain and Sumit Khanna

GANDHINAGAR, India (Reuters) -India's Gujarat state is in talks with chipmakers in Japan, South Korea and the United States for investments in the state, its top minister said on Thursday, in pursuit of India's ambitions of becoming a chipmaker for the world.

Semiconductor manufacturing is one of Prime Minister Narendra Modi's key business agendas but initial bids to offer $10 billion in incentives to the chipmaking industry have floundered, with some proposals stalled or cancelled.

Gujarat, which is Modi's home state and one of India's major industrial hubs, has recently held investment talks with some chipmakers, and officials have visited Japan to meet some executives from the chips industry there, Chief Minister Bhupendra Patel told Reuters in an interview.

"We continue to hold investment talks with semiconductor companies in Japan, South Korea and the U.S.," he said, without disclosing names of the companies citing "non disclosure agreements".

India's chipmaking ambitions, first laid out in 2021, have suffered setbacks and the country does not yet have any semiconductor manufacturing plants.

Taiwan's Foxconn backed out of a $19.5 billion chips joint venture with India's Vedanta, saying "the project was not moving fast enough". Foxconn and Vedanta have since decided to go solo, and billionaire Mukesh Ambani's Reliance Industries is also exploring opportunities.

Gujarat has also held talks with Foxconn over a semiconductor plant, and U.S. memory chip firm Micron Technology Inc is also building a chip assembly and testing facility in the state.

Patel's comments come ahead of the biennial Vibrant Gujarat Global Summit next week in which the state expects to secure investments in sectors including renewable energy, electric vehicles and electronics manufacturing.

The summit is expected to draw a record number of foreign and domestic investors to the western state in what is seen as Modi's big push to promote investment in the country just months ahead of national elections, in which he will seek a third term.

India is increasingly becoming a sought after investment destination, especially as companies look to diversify their supply chain beyond China.

Tom Bailey, head of ETF Research at HANetf, said India was at an advantage due to its large size and an increasingly educated population.

"The moves are emblematic of the rise of the so-called 'China plus one' supply chain diversification strategies of multinationals," he said.

(Reporting by Rupam Jain and Sumit Khanna in Gandhinagar, and Bansari Mayur Kamdar in New Delhi; Writing by Shivam Patel; Editing by Jacqueline Wong, Mark Potter and Emelia Sithole-Matarise)

CNOOC Launches Production at Brazilian Deepwater Oil Field

A deepwater oil field in Brazil that is operated by China’s CNOOC has started production, Chinese media reported, noting the capacity of the project is 180,000 bpd.

The Mero 2 project is part of the Mero field, which is one of the three biggest ones in the prolific Santos Basin off the coast of southeastern Brazil.

The field is part of the pre-salt zone of Brazil that contains most of the country’s untapped oil and gas resources. It is also the source of most of its current production: most of Brazil’s oil output growth over the past ten years has come from the pre-salt zone according to data from BloombergNEF.

CNOOC, which focuses on developing energy assets outside China, plans to drill a total of 16 wells at the Mero 2 project, of which half will be production wells and the rest will be injection wells. There are a total of four production units at the Mero field, one of them already producing.

The pre-salt zone is a priority for local Petrobras, too. The company said last year at the announcement of its five-year plan that it will install 11 new floating production, storage, and offloading units in that zone. The additions will help it boost daily production from the zone to 2.4 million barrels of oil equivalent.

What’s more, the company said it would allocate two-thirds of its production and exploration spend for the five-year period to the pre-salt zone. Thanks to these investments, Petrobras is eyeing daily production of 3.1 million barrels of oil equivalent by 2027.

Brazil has ambitions to become the world’s fourth-largest oil producer and it is betting on more than just Petrobras to make it happen. Besides CNOOC, all the international majors are present in the country’s pre-salt zone.

Last year, Brazil said it was going to tender three more areas in the prolific zone, with potential reserves of 16.8 billion barrels of oil equivalent.

 

Germany Leads the Way in Solar Energy Across Europe

  • In 2022, Germany had an installed photovoltaic capacity of around 67 gigawatts, making it the European country with the greatest solar energy potential.

  • The expansion of solar potential in Germany over the past decade has been comparatively sluggish within Europe.

  • Globally, the capacity of installed and grid-connected photovoltaic systems in 2022 reached about one terawatt or 1,000 gigawatts. Join Our Community

According to assessments by the International Renewable Energy Agency in 2022, Germany had an installed photovoltaic capacity of around 67 gigawatts, making it the European country with the greatest solar energy potential.

As Statista's Anna Fleck details below, the capacity of the Federal Republic in that year was more than twice as high as Italy's, which ranked second with 25 gigawatts.

But, as the graphic illustrates, the expansion of solar potential in Germany over the past decade has been comparatively sluggish within Europe.

Infographic: Germany Is Europe's Solar Energy Front-Runner | Statista


You will find more infographics at Statista

The photovoltaic capacity of the Federal Republic showed an annual average growth rate of around six percent between 2013 and 2022. In terms of the eight European countries with the highest solar capacities, this places Germany in seventh position ahead of Italy. The growth champion in this group is Poland, which has been able to increase its capacities by 137 percent per year since 2013.

Between 2020 and 2022 alone, the country nearly tripled its solar potential. The Netherlands ranks second in this category with an average annual growth of 40 percent, and the United Kingdom is in third place with approximately 17 percent.

Globally, the capacity of installed and grid-connected photovoltaic systems in 2022 reached about one terawatt or 1,000 gigawatts. This accounts for approximately one-third of the capacity of all renewable energies or about 12 percent of the total capacity for electricity generation. China made the largest contribution to the expansion of solar capacity in that year. The East Asian country accounted for about one-third of the installed capacity of renewable energies and approximately 57 percent of global solar energy capacity. Additionally, according to the Statistical Federal Office, around nine out of ten solar panels imported to Germany in 2022 came from the People's Republic of China.

Outside of Europe, the United States, Japan, and India are among the countries with the highest photovoltaic capacities.

By Zerohedge.com

 

Germany Off Track on Climate Goals Despite Emissions Plunging To 1950s Levels

Germany’s greenhouse gas emissions dropped in 2023 to their lowest levels since the 1950s, but Europe’s biggest economy is off track on its climate goals as most of the emission reductions were short-term effects from an industrial slowdown, think tank Agora Energiewende said on Thursday.

German emissions fell to 673 million tons of carbon dioxide (CO2) last year—down by 46% compared to the reference year 1990, and settling at their lowest level since the 1950s. Emissions were about 49 million tons of CO? below the annual target of 722 million tons of CO? in the Climate Protection Act of Germany, according to the think tank.

However, Agora Energiewende’s analysis showed that the two main reasons for the lower emissions were lower coal-fired power generation – at its lowest since the 1960s – and a sharp decline in industrial production and therefore, emissions, amid an economic slump and skyrocketing energy prices.  

According to Agora’s calculations, only about 15% of the CO2 volumes saved last year constitutes permanent emissions reductions resulting from additional renewable energy capacity, efficiency gains, and the switch to fuels that produce less CO2 or other climate friendly alternatives.

“About half of the emissions cuts are due to short-term effects, such as lower electricity prices, according to the analysis,” the think tank said, noting that “most of the emissions cuts in 2023 are not sustainable from an industrial or climate policy perspective - for example, if emissions rise again as the economy picks up or if a share of Germany’s industrial production is permanently moved abroad.”

“We don’t consider the emissions reductions seen in the industrial sector to be sustainable. The drop in production due to the energy crisis weakens Germany’s industrial base,” said Simon Müller, director of Agora Energiewende Germany.

“If emissions are simply shifted abroad as a result, this won’t benefit the climate. The buildings and transport sectors are also lagging as far as structural climate protection measures are concerned.”  

By Charles Kennedy for Oilprice.com

 

Pemex Gives Processing Forecast for Newest Oil Refinery

Mexico’s state-run oil company Pemex said on Thursday that its newest refinery—with a nameplate processing capacity of 340,000 bpd, will process 243,000 bpd this year before achieving full capacity in 2025.

The country’s newest refinery has been hailed as one of Mexico’s President Andres Manuel Lopez Obrador’s critical achievements on the country’s quest to sever the yoke of imported fuels—a large chunk of which comes from the United States.

According to a presentation given by Pemex CEO Octavio Romero, the Olmeca refinery is expected to be producing 274,000 bpd of diesel, gasoline, and jet fuel by September, when President Obrador is set to leave office—a feat that will help solidify his legacy.

The presentation also said, however, that by year’s end, fuel output would dip to 208,000 bpd. For 2024, the new Olmeca refinery will increase Pemex’s overall processing to 1.5 million bpd—a sizeable 40% increase over 2023 processing rates.

The Pemex presentation estimated that the company’s petroleum liquids production averaged 1.88 million bpd last year and that its proven oil reserves will stay at 7.4 billion boe in 2024.

The Olmeca refinery—also referred to as Dos Bocas refinery, is located in the state of Tabasco and originally had an estimated cost of $8 billion. But billions in cost overruns and delays saw the price tag reach upwards of $12 billion by the time the project was complete. The refinery was originally scheduled to begin in mid-2022, but eventually delayed into late 2023.

Olmeca has a total capacity of processing 340,000 bpd of crude oil and a production capacity of 170,000 bpd of gasoline and 120,000 bpd of diesel. 

U.S. energy exports to Mexico totaled $55.8 billion in 2022, according to the EIA.