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U.S. Territories’ Rights: Civil Rights Groups Mark the 125th Anniversary by Calling on Biden to Address the Insular Cases

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On the significant 125th anniversary of the U.S. annexation of Puerto Rico, a group of 12 leading civil rights bodies have reached out to President Joseph Biden with a fervent plea: to openly disapprove of the infamous Insular Cases, and the enduring colonial implications they’ve propagated.

The correspondence comes amid a broader conversation surrounding the status of U.S. territories. These territories—comprising Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands—are still perceived by many as remnants of an antiquated colonial system.

The Insular Cases form the controversial bedrock of this relationship. This suite of Supreme Court rulings, renowned for their racially prejudiced undertones, dictate the U.S.’s legal stance on its territories. The letter cited present Supreme Court justices like Neil Gorsuch, who labeled “American colonialism” as rooted in “noxious racial biases,” and Sonia Sotomayor, who denounced the Insular Cases as “distasteful and erroneous.”

Intriguingly, even with recent criticism from the Justice Department, there’s continued reliance on these cases. The consortium’s message to President Biden articulates their concern: “We, representing millions of U.S. citizens, entreat you to openly disapprove of the biased Insular Cases and the lasting colonial model they set forth.”

The group further accentuates that these territories are still largely under federal dominance. For instance, the Department of Justice’s endorsement of the Financial Oversight and Management Board for Puerto Rico, they argue, banks on the very Insular Cases they oppose.

The backdrop of American colonialism is pivotal. The post-Spanish-American War era in 1898 raised immediate constitutional questions about the newly procured territories. The Insular Cases controversially opined that the locals of these territories weren’t accorded the same constitutional entitlements as stateside residents. Disturbingly, the decisions often termed these inhabitants as “foreign races” or “uncivilized groups.”

President Biden’s approach to U.S. territories has been in the spotlight. His administration recognizes “residents of U.S. territories” under its “equity” umbrella. The group perceives President Biden’s denunciation of the Insular Cases as consistent with his dedication to racial equality, democracy, native rights, and self-governance.

Highlighting a dichotomy, the letter underscores the Department of Justice’s apparent support for the Insular Cases juxtaposed against a sheer denouncement by present-day Supreme Court justices. As Justice Gorsuch asserts, “The Insular Cases, steeped in racial biases, lack constitutional grounding. They should be ostracized from our legal system.”

The letter culminates with a compelling point: 3.6 million U.S. citizens residing in these territories deserve their commander-in-chief’s explicit censure of the Insular Cases and the entire colonial system they perpetuate.

This noteworthy appeal has been collectively dispatched by esteemed organizations including the American Civil Liberties Union (ACLU), the ACLU of Puerto Rico, the Asian American Legal Defense and Education Fund, the Brennan Center for Justice, and others championing civil rights and democracy.

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New Ride-Sharing Service “Digicab” Set to Transform Transportation in the Virgin Islands

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A new ride-sharing service, Digicab, is poised to revolutionize transportation in the Virgin Islands, according to its founder, Patrick Farrell. Speaking during an online presentation on Thursday, Farrell shared his vision for the app-based service, which aims to address long-standing transportation issues in the territory.

“I’ve been working on this for about a year and a half,” said Farrell. “It’s time for it to go out to the community.”

Digicab aims to fill a significant gap in the transportation market across St. Thomas, St. John, and St. Croix. Farrell, who operates a limousine company on St. Thomas, highlighted the commercial transportation challenges in the region, noting that while some areas are well-served, others face persistent issues.

The service will operate through a mobile application, similar to well-known ride-hailing platforms. With a focus on security, the platform will use services from ADP and Amazon Web Services to ensure the protection of sensitive financial information for both drivers and passengers.

Safety is another key feature of the Digicab app. Both drivers and passengers will have access to a direct 911 connection through the app, allowing for vehicle tracking and immediate emergency response if needed. “This button is one of the things that’s going to set us apart from other applications,” Farrell emphasized, noting the app’s emphasis on user safety.

Digicab also promises to bring transparency to ride pricing, addressing a common complaint about fluctuating fares despite standard tariffs. “With Digicab, pricing is displayed to both driver and passenger even before the ride is booked and confirmed,” Farrell explained.

Additionally, Digicab plans to serve underserved communities, providing transportation options to areas that traditional taxi services often avoid. Farrell mentioned Mariendal on St. Thomas as an example, where residents, including school children, face transportation challenges.

Before its public launch, Digicab needs to finalize insurance coverage for its drivers. Farrell is in discussions with a commercial entity to secure a suitable insurance product similar to what taxi drivers use.

The app will also offer the ability to book rides in advance and maintain high vehicle standards. After the first year, vehicles on the platform will be limited to those no older than seven years, with an inspection program for older vehicles.

During the presentation, Vernice Gumbs, Executive Director of the Taxicab Commission, inquired about the types of vehicles that will be included. Farrell responded that high-capacity vehicles, like safari jeeps or 15-seater buses, would not be financially viable on the platform. Instead, vehicles will be limited to seven passengers or fewer.

Farrell is confident that Digicab will benefit the territory’s transportation sector, though he acknowledges potential friction with existing taxi operators. “I know that it will be a fallout between Digicab and many taxi drivers,” he said, but pointed out that current taxi numbers are insufficient to meet the territory’s transportation demand.

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Kmart Settles for Over $638K Over Medicaid Overbilling Accusations in the U.S. Virgin Islands

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The Virgin Islands Department of Justice recently completed the distribution of a substantial $638,553.16 settlement with Kmart Corporation, concluding a legal battle that began in 2017 over accusations of Medicaid overbilling by the retailer’s pharmacies. Acting Attorney General Ian S.A. Clement confirmed the resolution, which dates back to practices starting in the mid-2000s where Kmart allegedly failed to extend discounted drug prices to federal health care programs, in contrast to the lower rates offered to cash-paying customers.

This disparity emerged notably when Kmart charged Medicaid above their “usual and customary charge” for cash customers—for instance, billing Medicaid $5 for a prescription that cost cash customers just $4. Such discrepancies led to charges of submitting false claims to the government.

The origins of this legal action trace back to 2008 when James Garbe, a whistleblower and former Kmart pharmacist, initiated a lawsuit in the United States District Court for the Central District of California, which was later moved to the Southern District of Illinois. Garbe’s suit argued that Kmart’s failure to provide the lowest possible prices to federal healthcare programs breached the contractual requirements mandating pharmacies to charge no more than their most customary and minimal rates for medications.

This settlement is a part of a broader agreement that includes a total of $59 million to settle various federal and state healthcare claims against Kmart, covering wrongful billing practices from September 1, 2004, to December 31, 2014. The Virgin Islands Medicaid Fraud Control Unit, entirely supported by a grant from the United States Department of Health and Human Services – Office of the Inspector General, played a pivotal role in identifying the discrepancies and ensuring adherence to Medicaid billing protocols.

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Hafeezah Muhammad Leads Backpack Healthcare to $14 Million Funding Triumph

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Backpack Healthcare, a trailblazing online pediatric mental health service, was founded by Hafeezah Muhammad, a visionary entrepreneur hailing from St. Thomas. The company recently celebrated a significant milestone by securing $14 million in Series A funding, spearheaded by PACE Healthcare Capital.

This innovative firm is renowned for its AI-powered application and teletherapy services, which offer vital support to children and adolescents dealing with mental health issues. Backpack Healthcare’s recent financial infusion underscores the urgent need for more inclusive and technologically advanced solutions within the U.S. healthcare framework, especially for the pediatric mental health sector.

Muhammad, commenting on the funding, highlighted its importance: “This investment marks a pivotal moment in addressing the pediatric mental health crisis with tech-enabled solutions that cater to a broader demographic.”

Currently, only 14% of mental health professionals accept Medicaid. Backpack Healthcare is set to change this landscape by ensuring its services are accessible through various insurance providers, including those that accept Medicaid. This initiative aims to make mental health support more attainable for underserved communities.

The newly acquired funds will be channeled into enhancing Backpack Healthcare’s technology. The company’s app intelligently tracks emotional patterns and connects users with therapists who devise personalized treatment plans. It also incorporates engaging tools and activities designed to make therapeutic interactions more appealing to young clients.

Plans are underway to extend the company’s services beyond its current operational bases in Maryland and Virginia, aiming to impact more communities.

Julia Monfrini Peev, Managing Partner at PACE Healthcare Capital, emphasized the dual benefit of their investment: “Supporting Backpack Healthcare is not merely about financial returns; it is fundamentally about fostering bright futures for millions of underserved children and strengthening the societal fabric for future generations.”

This financing achievement also distinguishes Muhammad as the first Virgin Islander to raise venture capital in this sector, marking a historic moment for the region’s representation in the global venture capital landscape.

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