Vast cache of Kaiser patient details was kept in private home

Federal and state officials are investigating whether healthcare giant Kaiser Permanente violated patient privacy in its work with an Indio couple who stored nearly 300,000 confidential hospital records for the company.

The California Department of Public Health has already determined that Kaiser "failed to safeguard all patients' medical records" at one Southern California hospital by giving files to Stephan and Liza Dean for about seven months without a contract. The couple's document storage firm kept those patient records at a warehouse in Indio that they shared with another man's party rental business and his Ford Mustang until 2010.

Until this week, the Deans also had emails from Kaiser and other files listing thousands of patients' names, Social Security numbers, dates of birth and treatment information stored on their home computers.

The state agency said it was awaiting more information from Kaiser on its "plan of correction" before considering any penalties.

Officials at the U.S. Department of Health and Human Services began looking into Kaiser's conduct last year after receiving a complaint from the Deans about the healthcare provider's handling of patient data, letters from the agency show. Kaiser said it hadn't been contacted by federal regulators, and a Health and Human Services spokesman declined to comment.

Kaiser said it remained confident that this patient information was never disclosed or accessed inappropriately. It said that some employees were disciplined because company policies were not followed and that it had informed regulators of the steps it had taken to ensure this type of incident didn't happen again.

"Kaiser Permanente is committed to protecting the medical and personal privacy of its patients," spokesman John Nelson said. "In retrospect, we certainly wish we'd never done business with Mr. Dean."

Even with tougher government oversight of medical privacy in recent years, this case underscores how confidential patient information remains vulnerable in the hands of big healthcare institutions and legions of outside contractors.

"Kaiser has shown extraordinary recklessness in this situation," said Beth Givens, director of the Privacy Rights Clearinghouse in San Diego. "Healthcare companies have to make sure their contractors adhere to ironclad security practices."

Federal and state laws impose strict standards on anyone dealing with patient information. The privacy rule of the federal Health Insurance Portability and Accountability Act, known as HIPAA, bans the unauthorized disclosure of individuals' medical records and requires healthcare providers and vendors, such as billing and storage companies, to protect the information.

Despite those rules, personal medical information of 21 million people nationwide has been improperly exposed since 2009, according to federal data. Last year, Blue Cross Blue Shield of Tennessee agreed to pay $1.5 million to resolve allegations it violated federal law after 57 computer hard drives with patient information were stolen from an outside facility.

In October, Kaiser sued the Deans in Riverside County Superior Court, accusing them of violating their contract by not returning all of its patient information two years ago when Kaiser picked up the paper records.

In court filings, Kaiser said the Deans put patient data at risk by leaving two computer hard drives in their garage with the door open. In response, Stephan Dean moved them to a spare room. On a recent day they sat next to a red recliner where Ziggy, the family's black-and-white cat, curled up for a nap. Dean said those hard drives contained spreadsheets on thousands of Kaiser patients, prepared at the company's request.

At one point, Dean told Kaiser he was planning to contact patients about the whereabouts of their medical information because he felt Kaiser hadn't taken proper precautions. The company sought a temporary restraining order against Dean, barring him from disclosing any confidential information. A Superior Court judge granted Kaiser's request until Thursday, when another hearing is scheduled.

Dean, 47, got his foot in the door at Kaiser from his previous work labeling paper folders for courthouses, hospitals and doctors.

But the demand for folders was slipping as hospitals and doctors used computers more. Kaiser was at the forefront of this as it invested billions of dollars in its HealthConnect system, which it bills as the largest private-sector electronic health record in the world. Kaiser, with more than 9 million customers, is the nation's largest nonprofit insurer and hospital system.

Dean said his small business, Sure File Filing Systems, got a big break when Kaiser acquired the Moreno Valley Community Hospital in 2008. The company needed to organize and clear out thousands of old patient files and it gave the job to the Deans, Kaiser records show.

In August 2008, the Deans started packing up thousands of files from Moreno Valley and moving them to the warehouse in Indio.

Hospital clerks routinely messaged Dean asking him to pull records on specific patients, emails sent by Kaiser to Sure File show. Dean said some Kaiser employees would put the patient's full name in the subject line of the email, and other messages listed the patient's Social Security number, date of birth, doctors' names and treatment dates. One message started, "Good Morning Sure File," and requested adoption records for a child.

Dean said Kaiser showed little concern for patient privacy in handling those requests. Only one out of more than 600 emails from Kaiser was password-protected with encryption, he said. Many medical providers use such technology so information isn't visible to others.

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Congress approves storm relief for Sandy victims

WASHINGTON — Responding to the political furor over delays in disaster aid to the Northeast, Congress on Friday approved a $9.7-billion flood insurance measure, the first installment of potentially $60 billion in Superstorm Sandy relief.

The action comes after New Jersey Gov. Chris Christie and Rep. Peter T. King of New York, among others, blasted House Speaker John A. Boehner, a fellow Republican, for putting off a vote on a relief measure in the closing hours of the 112th Congress.

The House approved the bill, 354 to 67, with all the no votes coming from Republicans. It then passed the Senate on a voice vote. President Obama is expected to sign the measure.

Christie and New York Gov. Andrew M. Cuomo called the action a "necessary and critical first step" but "just a down payment" on aid for their states.

"It is now time to go even further and pass the final and more complete, clean disaster aid bill," they said in a joint statement.

Some $51 billion in additional aid is due to come before the House on Jan. 15. The funding is expected to go for such things as repairing the transportation system and other infrastructure and shoring up defenses against future storms. It also would pay for repairs to the docks and walkway at Liberty Island, where the Statue of Liberty remains closed. But the larger bill could run into resistance from conservative lawmakers.

Rep. Louie Gohmert (R-Texas) was among those who voted Friday against increasing the borrowing authority for the national flood insurance program, saying, "Yet again, it raised borrowing limits for a program that is currently insolvent without making cuts elsewhere so our grandchildren won't have to pay the bill."

House Budget Committee Chairman Paul D. Ryan (R-Wis.), also a no vote, called it "irresponsible to raise an insolvent program's debt ceiling without making the necessary reforms."

But Rep. Frank A. LoBiondo (R-N.J.) welcomed the vote and warned that "any additional delays in providing federal aid will be met with fierce resistance" from Christie and his state's congressional delegation.

Democrats were still fuming because it took 68 days after the storm made landfall for the House to act, and because a broader relief bill still must be approved.

"Talk about fiddling while New York City burns," said Rep. Nydia M. Velazquez (D-N.Y.).

"How dare you come to this floor and make people think everything is OK?" added Rep. Bill Pascrell Jr. (D-N.J.), addressing Republicans.

Rep. Sean Patrick Maloney (D-N.Y.), a freshman who was sworn into office Thursday, told colleagues, "I don't know all the rules of Washington, but it sure seems like the rule here is to put off until tomorrow what should be done today."

The conservative Club for Growth urged a no vote on the flood insurance measure, saying, "Congress should not allow the federal government to be involved in the flood insurance industry in the first place, let alone expand the national flood insurance program's authority."

The Federal Emergency Management Agency warned that without congressional action, funds available to pay claims would be exhausted next week.

In New Jersey alone, Sandy damaged or destroyed 346,000 housing units; of that, 72,397 were covered by the national flood insurance program, according to Rep. Christopher H. Smith (R-N.J.).

Sandy, a hurricane before the center of the storm made landfall Oct. 29 in New Jersey, caused more than 125 deaths in the United States.

richard.simon@latimes.com

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Clearwire investor seeks to block sale to Sprint

(Reuters) – A large Clearwire Corp shareholder on Friday stepped up its campaign against the planned sale of the wireless service provider to its majority owner, Sprint Nextel Corp, saying it plans to ask the U.S. telecoms regulator to block the deal.

Crest Financial’s general counsel also said on a call with reporters that it will ask the U.S. Federal Communications Commission to block Sprint’s plan to sell 70 percent of itself to Softbank Corp of Japan for $ 20 billion.

Going to the FCC is a new line of attack on the Sprint deal by Crest, which has also filed a class action lawsuit on behalf of Clearwire investors. Dave Schumacher, Crest’s general counsel, said the fund said other minority investors told Crest they did not support the Sprint deal, but he did not provide details.

The investment fund, which owns around 8 percent of Clearwire, has said Sprint’s offer of $ 2.97 share for the roughly 50 percent of Clearwire it does not currently own, “grossly undervalues Clearwire.” Sprint’s offer is worth about $ 2.2 billion, but Schumacher said Crest had not done its own valuation and was basing its criticism of the price on estimates by analysts.

In going to the FCC, Crest will argue that the Clearwire deal artificially undervalues the company’s spectrum holdings, Schumacher said. That in turn potentially devalues future revenue for the U.S. government when it auctions off spectrum licenses.

“The merger is therefore a bad deal all around for Clearwire shareholders and also for the public at large,” said Schumacher.

Sprint spokesman Scott Sloat said the deal with Clearwire was the right one for Sprint, Clearwire and American consumers. He said the class action lawsuit was baseless.

A spokesman for Clearwire, Mike DiGioia, declined to comment on Crest’s intention to go to the FCC. He said a special committee of the board conducted a rigorous evaluation of the company’s options before agreeing to the Sprint deal.

Clearwire’s chief executive, Erik Prusch, has said the company does not have attractive alternatives as it seeks funding to continue to upgrade its own network and could risk bankruptcy if the Sprint deal does not succeed.

Crest has sued Clearwire in the Court of Chancery in Delaware, where the company is incorporated, to permanently block the deal.

The Delaware court will hear arguments next week on Crest’s request to expedite the case and Schumacher said Crest hopes to move to a trial in April.

The deal needs approval by a majority of Clearwire’s minority shareholders and Sprint has said it has the support of three large Clearwire investors – Comcast Corp, Intel Corp and Bright House Networks LLC – which hold 13 percent of Clearwire stock. Schumacher said the fund would try to prevent the three from voting because of their affiliation with Sprint.

As Clearwire’s fight with its shareholders heats up, Sprint has its own shareholders to contend with.

A Kansas court on Friday declined Sprint’s request for an early dismissal of a lawsuit by a union pension fund that holds Sprint stock.

The lawsuit alleged that Sprint’s chief executive, Daniel Hesse, rushed merger talks with Softbank and did not get a fair price.

The ruling by Thomas Sutherland, the judge for the District Court of Johnson County, Kansas, will allow the pension fund to begin to demand documents and witnesses as it tries to prove its case.

Sloat, the Sprint spokesman, said the ruling only addressed the technical adequacy of the pension fund’s pleading and did not address the merits of the case. He said Sprint continued to believe the case was without merit.

(Reporting By Tom Hals in Wilmington, Delaware and Sinead Carew in New York; Editing by Bernard Orr and David Gregorio)

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Pacino says he didn't want to meet Spector

PASADENA, Calif. (AP) — Al Pacino said Friday that he decided not to meet famed record producer and convicted killer Phil Spector before portraying him in an HBO movie — only to find he already had.

A friend showed Pacino a 20-year-old photo in which the actor was standing next to Spector. Pacino said he has no memory of the moment.

The movie, "Phil Spector," debuts in March. It focuses on the client-attorney relationship between Spector and Linda Kenney Baden, who represented him in his first trial after he was charged with the murder of actress Lana Clarkson. That ended in a mistrial, but Spector was convicted in a second trial and is now serving 19 years to life in prison.

Pacino wore a dizzying array of wigs in his portrayal of the eccentric Spector, whose "Wall of Sound" style was an integral part of pop music in the early 1960s. The actor said he decided not to meet Spector in prison because he'd be a different man than the one Pacino is portraying, who had not yet been convicted of a crime.

He watched video clips of Spector to help him with his portrayal.

"I didn't know anything about him, except that he was responsible for a lot of great music and this strange case," Pacino said.

Actress Helen Mirren, who portrayed Baden, said she heard stories about Spector from her filmmaker husband, Taylor Hackford, who had hired Spector to provide music for his 1980 film, "The Idolmaker."

The Academy Award-winning Mirren was a last-minute substitute in her role. Bette Midler had begun filming as Baden, but had to withdraw because of a bad back. The film's executive producers are Barry Levinson and David Mamet.

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U.S. Settles Accusations That Doctors Overtreated

A group of doctors who performed unusually high rates of heart procedures on patients at a community hospital in Ohio settled with the Justice Department over accusations that some of the procedures were medically unnecessary, federal regulators announced on Friday.

The settlement covered accusations that the doctors and the hospital, then known as the EMH Regional Medical Center, had billed Medicare for unnecessary medical care from 2001 to 2006. The hospital agreed to pay $3.9 million to settle the accusations, and the physician group, the North Ohio Heart Center, agreed to pay $541,870, according to a Justice Department statement.

Federal regulators had accused the doctors and the hospital of performing unnecessary procedures known as angioplasties, in which a clogged blood vessel is opened. The procedure often requires insertion of a device called a stent to keep the blood vessel from closing again.

Besides the cost to Medicare, “performing medically unnecessary cardiac procedures puts patients’ lives at risk,” said Steven M. Dettelbach, the United States attorney for the Northern District of Ohio, which was involved in the investigation. “Patient health and taxpayer dollars have to come before greed,” he said.

The high rate of heart procedures at the hospital was the subject of a front-page article in The New York Times in August 2006. Medicare patients in Elyria, Ohio, where the hospital is located, were receiving angioplasties at a rate nearly four times the national average, a figure that prompted questions from insurers and raised concerns about overtreatment.

The concerns included whether many patients in Ohio and elsewhere were receiving expensive and inappropriate medical treatments because of the high fees the procedures generated.

The settlement represents the latest in a series of actions brought against cardiologists and hospitals for performing questionable cardiac procedures. Patients typically have a choice of treatments, and many doctors say some individuals should be treated more conservatively with medicines rather than through costly procedures.

At the time, the Elyria cardiologists defended their high rates as a result of an aggressive style of medicine, and the doctors continued to defend the medical care they provided. They said the procedures they performed were medically warranted but might not have met the government’s guidelines for reimbursement.

“We choose to settle rather than go to court,” said Dr. John Schaeffer, the chairman of North Ohio Heart, which is now part of the hospital system, EMH Healthcare. The government did not single out any individual physicians, and neither the hospital nor the medical group said it disciplined any of the doctors.

“As the physicians on the ground when these decisions were made and the procedures were performed, we felt confident we were making the correct choices for our patients,” he said in a statement on the group’s Web site. “We still do.”

The former manager of the hospital’s catheterization lab, Kenny Loughner, filed a whistle-blower complaint in October 2006. Mr. Loughner, who will receive $660,859 from the settlement for alerting the government, described how doctors urged nurses and others to falsify complaints of chest pain to justify the unnecessary angioplasties. He also described the doctors’ technique of treating patients in stages, forcing patients to come back for multiple procedures.

The government did not include the accusations in its findings, the hospital said, and they are without merit.

In a separate statement issued by EMH Healthcare, the system’s chief executive, Dr. Donald Sheldon, said “no patients, to our knowledge, were ever at risk, and there is no question that the patients treated had heart disease and some degree of blockage.” The hospital also said it was conducting an external peer review of its cardiac care.

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U.S. economy grows by 155,000 jobs in December

WASHINGTON — Employers in the U.S. kept hiring at a slow and steady pace in December despite the threat of the so-called fiscal cliff, capping a mediocre year of job growth in which older workers and men garnered most of the gains and healthcare, restaurants and temporary-help firms accounted for almost half of the new payroll jobs.

The economy grew by 155,000 jobs last month, in line with analysts' expectations and right at the average monthly pace of growth over the last two years. Job growth for November was revised up slightly to 161,000 after October brought an increase of 137,000, the Bureau of Labor Statistics said Friday.

The nation's unemployment rate ended the year at 7.8%, the same as the revised figure for November. That rate, also hit in September, is the lowest since January 2009.

Although analysts were encouraged that the rancorous tax and budget battle in Washington hadn't derailed job growth last month, the report suggested no underlying change in the plodding and unsatisfactory pace that has characterized the economic recovery since it began in mid-2009.

"It's absolutely status quo," Heidi Shierholz, an economist at the Economic Policy Institute, said about Friday's jobs report. "If we were at full employment, that would be fine. But status quo at a time like this represents ongoing suffering for millions of Americans."

Although a net gain of 155,000 jobs a month is a little stronger than the natural growth in the labor force — meaning that it's enough to bring the unemployment rate down over time — the modest pace won't quickly fill the huge jobs hole left by the 2007-09 recession. As of December, the nation had 134 million payroll jobs, about 4 million fewer than at the end of 2007, when the downturn began.

Average hourly earnings for all private-sector workers edged up 7 cents to $23.73, compared with November, but that still left the gain over the last 12 months at a mere 2%, an increase eaten up by inflation.

President Obama's chief economic advisor, Alan Krueger, offered a subdued statement on the report, saying that the economy now had added private-sector jobs for 34 straight months but that much more needed to be done.

There was a smattering of positive signs in the report:

Manufacturing, sluggish in recent months, saw its strongest hiring month since early last year. The long-depressed construction sector had an even bigger month. Some of that probably resulted from recovery in the housing market, but part of it was a temporary lift from the efforts to repair the damage from Superstorm Sandy in late October. Average weekly work hours for all private-sector employees also went up a fraction.

On the other side of the ledger, local government payrolls fell again, by 14,000, mostly cuts at public schools. That brought total government employment to a new low in the current business cycle.

More cuts in government employment are likely in the short term given the prospects for federal budget reductions in defense and domestic programs. The budget agreement this week postponed scheduled automatic spending cuts, known as sequestration, for two months.

"Because sequestration hasn't yet taken place, what is likely to happen is government agencies are going to be much more cautious about hiring," said Nayantara Hensel, professor of industry and business at the National Defense University in Washington.

Another aspect of the budget deal, the end of the temporary cut in payroll taxes, probably will hurt at least some parts of the economy. The payroll tax going back up will clip an average of $40 from a worker's biweekly paycheck this year, and that means less discretionary income for things like eating out.

Employment at restaurants and drinking places like bars and coffee shops increased by 38,000 in December, pushing that sector's employment gain in the last 12 months up to 286,000.

The 7.8% unemployment rate compares with 8.5% from a year ago. But the numbers exaggerate the actual improvement in the job market, said Dean Baker, co-director of the Center for Economic and Policy Research. Part of the decline in the rate resulted from workers dropping out of the labor force, some of them discouraged about their job prospects.

In December, however, the labor force actually grew. More workers reported having jobs, and the ranks of the unemployed also increased, to 12.2 million last month, as more people started looking for jobs again, generally a positive sign that they see opportunities.

Almost 40% of the unemployed said they had been without jobs for six months or longer. That statistic has shown little improvement over the years, which is particularly worrisome as workers who lack a job for a long time often find their skills atrophy, making it increasingly difficult to find work.

For the first time in more than six years, the jobless rate for women 20 years and older, at 7.3%, was higher than the comparable figure for men, which was 7.2%. Men increasingly have moved into jobs in retail, healthcare and other sectors long dominated by women.

Older workers, those 55 and over, did better than younger workers last year, accounting for 1.78 million of the 2.41 million gains in employment, according to the government's household survey.

Among industries, healthcare and social assistance employers added 55,000 jobs last month and nearly 340,000 for all of last year. The industry has a mix of high-paying and lower-wage jobs at hospitals, doctors' offices and residential-care facilities.

Manufacturers added 180,000 jobs in the last 12 months, but most of those were earlier in the year. The temporary-help industry grew by 153,000 over the last year, accounting for about one-third of the job growth in the sprawling category of business and professional services.

But at most other major industries, including information, finance and construction, employment was either down or stagnant.

"It's another mediocre year of performance in the labor market," said Patrick O'Keefe, economic research director at J.H. Cohn, an accounting and advisory firm in New Jersey. "Where is it that we're going to see the acceleration in jobs?"

don.lee@latimes.com

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Bieber urges crackdown on paparazzi after photographer's death

Justin Bieber and his collection of exotic cars have been tantalizing targets for celebrity photographers ever since the young singer got his driver's license.

A video captured the paparazzi chasing Bieber through Westside traffic in November. When Bieber's white Ferrari stops at an intersection, the video shows the singer turning to one of the photographers and asking: "How do your parents feel about what you do?"

A few months earlier, he was at the wheel of his Fisker sports car when a California Highway Patrol officer pulled him over for driving at high speeds while trying to outrun a paparazzo.

This pursuit for the perfect shot took a fatal turn Tuesday when a photographer was hit by an SUV on Sepulveda Boulevard after taking photos of Bieber's Ferrari. And the singer now finds himself at the center of the familiar debate about free speech and the aggressive tactics of the paparazzi.

Since Princess Diana's fatal accident in Paris in 1997 while being pursued by photographers, California politicians have tried crafting laws that curb paparazzi behavior. But some of those laws are rarely used, and attorneys have challenged the constitutionality of others.

On Wednesday, Bieber went on the offensive, calling on lawmakers to crack down.

"Hopefully this tragedy will finally inspire meaningful legislation and whatever other necessary steps to protect the lives and safety of celebrities, police officers, innocent public bystanders and the photographers themselves," he said in a statement.

It remained unclear if any legislators would take up his call. But Bieber did get some support from another paparazzi target, singer Miley Cyrus.

She wrote on Twitter that she hoped the accident "brings on some changes in '13 Paparazzi are dangerous!"

Last year, a Los Angeles County Superior Court judge threw out charges related to a first-of-its-kind anti-paparazzi law in a case involving Bieber being chased on the 101 Freeway by photographer Paul Raef. Passed in 2010, the law created punishments for paparazzi who drove dangerously to obtain images.

But the judge said the law violated 1st Amendment protections by overreaching and potentially affecting such people as wedding photographers or photographers speeding to a location where a celebrity was present.

The L.A. city attorney's office is now appealing that decision.

Raef's attorney, Dmitry Gorin, said new anti-paparazzi laws are unnecessary.

"There are plenty of other laws on the books to deal with these issues. There is always a rush to create a new paparazzi law every time something happens," he said. "Any new law on the paparazzi is going to run smack into the 1st Amendment. Truth is, most conduct is covered by existing laws. A lot of this is done for publicity."

Coroner's officials have not identified the photographer because they have not reached the next of kin. However, his girlfriend, Frances Merto, and another photographer identified him as Chris Guerra.

The incident took place on Sepulveda Boulevard near Getty Center Drive shortly before 6 p.m. Tuesday. A friend of Bieber was driving the sports car when it was pulled over on the 405 Freeway by the California Highway Patrol. The photographer arrived near the scene on Sepulveda, left his car and crossed the street to take photos. Sources familiar with the investigation said the CHP told him to leave the area. As he was returning to his vehicle, he was hit by the SUV.

Law enforcement sources said Wednesday that it was unlikely charges would be filed against the driver of the SUV that hit the photographer.

Veteran paparazzo Frank Griffin took issue with the criticism being directed at the photographer as well as other paparazzi.

"What's the difference between our guy who got killed under those circumstances and the war photographer who steps on a land mine in Afghanistan and blows himself to pieces because he wanted the photograph on the other side of road?" said Griffin, who co-owns the photo agency Griffin-Bauer.

"The only difference is the subject matter. One is a celebrity and the other is a battle. Both young men have left behind mothers and fathers grieving and there's no greater sadness in this world than parents who have to bury their children."

Others, however, said the death focuses attention on the safety issues involving paparazzi

"The paparazzi are increasingly reckless and dangerous. The greater the demand, the greater the incentive to do whatever it takes to get the image," said Blair Berk, a Los Angeles attorney who has represented numerous celebrities. "The issue here isn't vanity and nuisance, it's safety."

richard.winton@latimes.com

andrew.blankstein@latimes.com

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6 takeaways from Google’s antitrust settlement with US regulators

Google Inc. has settled an U.S. antitrust probe that largely leaves its search practices alone. In a major win for Google, the Federal Trade Commission unanimously concluded that there is not enough evidence to support complaints from rivals that the company shows unfair bias in its search results toward its own products.

Below are six of the biggest takeaways from the decision announced Thursday:

— Google promised to license hundreds of important mobile device patents to rivals that make gadgets such as smartphones, tablets and gaming devices, on “fair, reasonable and non-discriminatory terms,” the FTC said. Google got the patents as part of its $ 12.4 billion purchase of Motorola Mobility last year. The patents cover wireless connectivity and other Internet technologies.

— Upon receiving a request to do so, the online search leader pledged to stop using snippets of content from other websites, such as the reviews site Yelp Inc., in its search results. It had already scaled back this practice before the FTC settlement after a complaint from Yelp that triggered the FTC probe. Under the agreement, specialty websites such as those on shopping and travel can request that Google stop including such snippets in the search results, while still providing links to those websites.

— Google pledged to adjust its online advertising system so marketing campaigns can be more easily managed on rival networks. Some FTC officials had worried that Google’s existing service terms with advertisers make that difficult.

— The FTC’s unanimous conclusion that Google does not practice unfair “search bias” to promote its own properties against competitors is a major victory for the online search leader. It means it won’t have to change its search formula, considered to be the company’s crown jewel.

— Not everyone was happy with the results. FairSearch, a group whose members include rival Microsoft Corp., said the FTC’s “inaction on the core question of search bias will only embolden Google to act more aggressively to misuse its monopoly power to harm other innovators.”

— Next up, European regulators are expected to wrap up a similar investigation of Google’s business practices in the coming weeks.

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Plot spoilers pose 'Downton Abbey' challenge

LOS ANGELES (AP) — There are many delicious reasons to watch the returning "Downton Abbey" and an exasperating one to skip it: The cover's been blown on major plot twists.

In what may be outsized revenge for the American Revolution — or payback for years of exporting lousy U.S. TV and fast food — the Brits are sharing "Downton Abbey" with us, but only after first airing each season.

That wouldn't matter much in the drama's early 20th-century setting but we're not there, are we, PBS and U.K. network ITV? A little gimmick called the Internet makes it impossible to keep story developments from spreading like germ warfare.

As with sports fans who must avoid all media and big-mouthed friends to keep game scores a surprise, "Downton Abbey" addicts are forced to shun rude news reports and blogs about what happens to character A, B or C (no spoilers here, promise).

Heedlessly type in "Downton Abbey season three" online and you risk stumbling into the startling truth that ... well, never mind. If you know, you have our sympathy. If you don't, live in blessed ignorance and careful isolation from Sunday's debut until the Feb. 17 season finale.

"It is unfair that England gets to see 'Downton Abbey' before us because we beat them in a war" was the saucy comment posted on Twitter by producer Damon Lindelof of "Lost" fame.

It's certainly a development galling enough to draw insults. But as Downton's courtly master, Lord Grantham (Hugh Bonneville), once rebuked a blunt-spoken visitor: Steady on, sir, the ladies have suffered quite enough of a shock!

Rebecca Eaton, executive producer of PBS' "Masterpiece" showcase that's home to "Downton," contends it's premature to assess the impact here of the U.K. airing that wrapped Christmas Day. Will ratings be dented by dampened enthusiasm or piracy?

"It will be difficult to say until it airs in this country," Eaton said, with the size of the audience providing a key measurement.

The bar is high compared with last year, when "Downton Abbey" became the most-watched series ever for "Masterpiece" with more than 17 million viewers across seven episodes. With its swooning, buzz-worthy romances, the drama also fed social media and gave PBS a new veneer of cool.

But what's to be done if the season endgame is stuck in your brain? As a famous Brit said in more dire circumstances, never surrender! Go along for the ride that the beautifully produced soap opera-cum-fairy tale offers, admiring how the devilishly clever Julian Fellowes, its creator and writer, foreshadows the events to come.

As Downton's residents adjust to post-War War I England, "there are chills and spills involved in that for all the characters, some laughs and some tears," as Fellowes neatly summed it up.

Knowing the destination doesn't mean you can't appreciate the scenery, including these highlights:

— Newcomer Shirley MacLaine as an American visitor, talking smack with British in-law Violet (Maggie Smith), each wittily knocking the other's nation and values. MacLaine wears pasty, kabuki-like makeup as armor; Smith meets insults with world-weary eyes.

— Michelle Dockery keeping it real as Lady Mary, who's surrendered to love with Matthew (Dan Stevens) while barely softening her sharp edges and steely devotion to family tradition. Bonus: The willowy actress was born to wear sleek 1920s dresses.

— Fashion and its evolution, as Downton's upstairs ladies move from lovely but fussy wardrobes to sassier, clean-lined garb and (except for steadfast Mary) shorter hair, reflections of liberating changes that include the promise of universal suffrage for all British women.

— Stevens as golden-boy Matthew, emerging intact from World War I and still conflicted about his future role as lord of the manor. A side game: See if Stevens, smart as he is, looks distracted by the novels he read on the set as a judge for Britain's Man Booker Prize.

— Cultural, medical and other period tidbits, which are fascinating and a reminder that wise historians never would choose to live in a time before their own. In one instance, a character who may have cancer is told that test results will take up to two nerve-shattering months.

— Fellows' charming faith in the tender side of revolutionaries, at least ones that mate with landed gentry. Irish chauffeur-turned-activist Tom Branson (Allen Leech), who previously turned moist-eyed over the murder of the Russian royal family, loses it again in season three over fiery political warfare.

— A stately house, but fast-paced action. Fellowes said he took a cue from the American mash-up approach to storytelling perfected in shows like "ER" and "The West Wing," with stories big and small, sad and funny and "all sort of plotted up together." The look is period but the energy is "much more modern," as Fellowes put it.

But modernity can be troublesome, proof being the Internet imperiling the drama's surprises for U.S. viewers. Whatever the outcome, Eaton said "Masterpiece" will tread carefully in making changes.

ITV is the primary funder of "Downton Abbey" and has international premiere rights. While a September debut fits the U.K. TV marketplace, it would mean stiffer competition for "Downton" as U.S. networks launch their fall slates, Eaton said.

"We want to make sure we don't do something with 'Downton' that will hurt it in the long run," she said — which, for now, extends to the drama's fourth season set to air on "Masterpiece," its co-producer with Carnival Films.

As for the current run, Eaton, who's no spoilsport, had only this to say: "I think it's the best season yet."

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Online:

http://www.pbs.org

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EDITOR'S NOTE — Lynn Elber is a national television columnist for The Associated Press. She can be reached at lelber(at)ap.org.

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Scant Proof Is Found to Back Up Claims by Energy Drinks

Energy drinks are the fastest-growing part of the beverage industry, with sales in the United States reaching more than $10 billion in 2012 — more than Americans spent on iced tea or sports beverages like Gatorade.

Their rising popularity represents a generational shift in what people drink, and reflects a successful campaign to convince consumers, particularly teenagers, that the drinks provide a mental and physical edge.

The drinks are now under scrutiny by the Food and Drug Administration after reports of deaths and serious injuries that may be linked to their high caffeine levels. But however that review ends, one thing is clear, interviews with researchers and a review of scientific studies show: the energy drink industry is based on a brew of ingredients that, apart from caffeine, have little, if any benefit for consumers.

“If you had a cup of coffee you are going to affect metabolism in the same way,” said Dr. Robert W. Pettitt, an associate professor at Minnesota State University in Mankato, who has studied the drinks.

Energy drink companies have promoted their products not as caffeine-fueled concoctions but as specially engineered blends that provide something more. For example, producers claim that “Red Bull gives you wings,” that Rockstar Energy is “scientifically formulated” and Monster Energy is a “killer energy brew.” Representative Edward J. Markey of Massachusetts, a Democrat, has asked the government to investigate the industry’s marketing claims.

Promoting a message beyond caffeine has enabled the beverage makers to charge premium prices. A 16-ounce energy drink that sells for $2.99 a can contains about the same amount of caffeine as a tablet of NoDoz that costs 30 cents. Even Starbucks coffee is cheap by comparison; a 12-ounce cup that costs $1.85 has even more caffeine.

As with earlier elixirs, a dearth of evidence underlies such claims. Only a few human studies of energy drinks or the ingredients in them have been performed and they point to a similar conclusion, researchers say — that the beverages are mainly about caffeine.

Caffeine is called the world’s most widely used drug. A stimulant, it increases alertness, awareness and, if taken at the right time, improves athletic performance, studies show. Energy drink users feel its kick faster because the beverages are typically swallowed quickly or are sold as concentrates.

“These are caffeine delivery systems,” said Dr. Roland Griffiths, a researcher at Johns Hopkins University who has studied energy drinks. “They don’t want to say this is equivalent to a NoDoz because that is not a very sexy sales message.”

A scientist at the University of Wisconsin became puzzled as he researched an ingredient used in energy drinks like Red Bull, 5-Hour Energy and Monster Energy. The researcher, Dr. Craig A. Goodman, could not find any trials in humans of the additive, a substance with the tongue-twisting name of glucuronolactone that is related to glucose, a sugar. But Dr. Goodman, who had studied other energy drink ingredients, eventually found two 40-year-old studies from Japan that had examined it.

In the experiments, scientists injected large doses of the substance into laboratory rats. Afterward, the rats swam better. “I have no idea what it does in energy drinks,” Dr. Goodman said.

Energy drink manufacturers say it is their proprietary formulas, rather than specific ingredients, that provide users with physical and mental benefits. But that has not prevented them from implying otherwise.

Consider the case of taurine, an additive used in most energy products.

On its Web site, the producer of Red Bull, for example, states that “more than 2,500 reports have been published about taurine and its physiological effects,” including acting as a “detoxifying agent.” In addition, that company, Red Bull of Austria, points to a 2009 safety study by a European regulatory group that gave it a clean bill of health.

But Red Bull’s Web site does not mention reports by that same group, the European Food Safety Authority, which concluded that claims about the benefits in energy drinks lacked scientific support. Based on those findings, the European Commission has refused to approve claims that taurine helps maintain mental function and heart health and reduces muscle fatigue.

Taurine, an amino acidlike substance that got its name because it was first found in the bile of bulls, does play a role in bodily functions, and recent research suggests it might help prevent heart attacks in women with high cholesterol. However, most people get more than adequate amounts from foods like meat, experts said. And researchers added that those with heart problems who may need supplements would find far better sources than energy drinks.

Hiroko Tabuchi contributed reporting from Tokyo and Poypiti Amatatham from Bangkok.

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