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SAN DIEGO (CNS) - San Diego County public health officials have reported 408 new COVID-19 infections and one more death from the illness, raising the county's totals to 50,551 cases and 826 fatalities.The death of one man was noted Saturday. He was in his mid-40s and had an underlying medical condition.Of the 9,875 tests reported Saturday, 4% returned positive, bringing the 14-day rolling average percentage of positive cases to 2.9%. The seven-day daily average of tests was 10,281.Of the total number of cases in the county, 3,681 -- or 7.3% -- have required hospitalization and 851 -- or 1.7% of all cases -- had to be admitted to an intensive care unit.Seven new community outbreaks were reported Saturday, one in a faith- based agency, one in a restaurant, one in a grocery setting, two in businesses and two in restaurant/bar settings.In the past seven days, Oct. 4 through Oct. 10, 45 community outbreaks were confirmed, well above the trigger of seven or more in a week's time. A community setting outbreak is defined as three or more COVID-19 cases in a setting and in people of different households over the past 14 days.The county remains in the second -- or red -- tier of the state's four- tier COVID-19 reopening plan. San Diego's state-calculated, adjusted case rate is 6.5 per 100,000 residents, down from 6.7. The unadjusted case rate is 7.0, down from 7.2.The testing positivity percentage is 3.5%, the same as last week, and it is in the third -- or orange -- tier.On Saturday, the county allowed private gatherings of up to three households, based on the state's new guidance issued Friday.The gatherings must take place outdoors. If at someone's home, guests may go inside to use the bathroom.Participants in a gathering need to stay at least six feet apart from non-household members and wear face coverings. Gatherings should be kept to two hours or less, the new guidelines state.A health equity metric will now be used to determine how quickly a county may advance through the reopening plan, San Diego Public Health Officer Dr. Wilma Wooten said Wednesday.A community can only be as well as its unhealthiest quartile, she said, and while counties with a large disparity between the least and most sick members of a community will not be punished for the disparity by sliding back into more restrictive tiers, such a disparity will stop counties from advancing to less-restrictive tiers.According to the state guidelines, the health equity will measure socially determined health circumstances, such as a community's transportation, housing, access to health care and testing, access to healthy food and parks.Neighborhoods are grouped and scored by census tracts on the Healthy Places Index, https://healthyplacesindex.org/. Some of the unhealthiest neighborhoods include Logan Heights, Valencia Park, downtown El Cajon and National City. According to county data, the county's health equity testing positivity percentage is 6.2 and is in the red tier.Wooten said the complicated metric will be explained further on Monday, when the state releases an official "playbook" of how it is calculated and what it means to communities throughout the state as they attempt to reopen.On Tuesday, the California Department of Public Health will issue its next report on county case rates. 3315

SAN DIEGO (CNS) - San Diego-based medical equipment manufacturer ResMed Corp. has agreed to pay more than .5 million to resolve allegations that it paid kickbacks to suppliers, sleeps labs and other health care providers in exchange for referrals and prescriptions for its products, the Department of Justice announced Wednesday.The government accused ResMed of violating the Anti-Kickback Statute of the False Claims Act by providing free or below-cost medical equipment to companies in several states. Court documents state that ResMed's products -- which treat sleep apnea and other sleep disorders -- were provided to companies that in some cases began writing prescriptions to their patients entirely for ResMed equipment.Prosecutors say some examples of ResMed kickbacks included free home sleep testing devices, free or below-cost positive airway pressure masks and diagnostic machines, and free telephone call center and patient outreach services that allowed the companies to order resupplies for sleep apnea patients.RELATED: San Diego suing SDG&E for allegedly delaying pure water projectThe settlement agreement resolves five lawsuits filed by whistleblowers, who will collectively receive around .2 million out of the total settlement."Paying any type of illegal remuneration to induce patient referrals undermines the integrity of our nation's health care system," said Assistant Attorney General Jody Hunt. "When a patient receives a prescription for a device to treat a health care condition, the patient deserves to know that the device was selected based on quality of care considerations and not on unlawful payments from equipment manufacturers." 1679

SAN DIEGO (CNS) - The caregiver for a 74-year-old man who died in her care and another senior who were both involuntarily locked away at her various San Diego residences was sentenced Friday to 13 years in state prison.Shirley Montano, 53, pleaded guilty earlier this year to charges of voluntary manslaughter, false imprisonment of a dependent adult and perjury.A murder charge stemming from the death of Robert Chagas was dropped under the plea agreement.RELATED: Woman to stand trial for senior's death, abuse of elderly womanProsecutors alleged the defendant withheld food from Chagas and Josefina Kellogg, 61, causing their health to deteriorate over the course of several years, during which she moved often and relocated them, as well.Chagas died Oct. 7, 2016, at Sharp Memorial Hospital of pneumonia, which prosecutors argued was exacerbated by severe malnutrition he suffered under Montano's care.While the victims lived with Montano, she used their social security checks and other government benefits to buy herself a truck, among other personal purchases, and gambled away their money at local casinos, according to prosecutors.Testimony from Montano's 2019 preliminary hearing indicated Chagas and Kellogg were kept isolated from others and were confined to their respective bedrooms. Montano's niece, who stayed with her for about a year, testified that for the first month she lived at her aunt's apartment, she was not even aware Kellogg existed because the woman would hardly ever emerge from her bedroom.RELATED: La Jolla man arrested for assaulting elderly woman in Morro Bay, police sayOthers who resided at Montano's apartment or visited were offered various explanations for the presence of the victims, according to testimony.Kellogg testified that she stayed in her bedroom for several hours each day and feared angering Montano, who would hit her if she did not obey the rules of the house.Chagas was "emaciated" when he was brought into the hospital, where he died five days later, prosecutors said.RELATED: Woman sentenced for defrauding 86-year-old auntAt the hospital, Montano posed as Chagas' niece and told medical personnel that he did not wish to be resuscitated, according to testimony. Chagas' family members were only notified of his hospitalization after his death, they testified.Montano's attorney, Shannon Sebeckis, argued at the preliminary hearing there was no evidence that Chagas' malnutrition was caused by her client, and instead was the natural result of aging.Sebeckis reiterated the testimony of San Diego County Chief Medical Examiner Glenn Wagner, who declined to classify Chagas' death as a homicide. Wagner said Chagas was not getting sufficient food, but could not opine as to why, only that it appeared to be due to non-medical factors.No calls were made by family or medical professionals to Adult Protective Services in Chagas' case, which also contributed to Wagner's opinion not to classify his death as a homicide, the doctor said.While evidence was presented that Chagas once told a doctor that his weight loss was due to not having enough money for food, Sebeckis said that was not proof that Montano was taking his money or withholding food, especially in light of Chagas' issues with handling his own finances.Chagas' family members testified that an accident that occurred at childbirth had left him "slow," as his brother Richard described it, and that throughout his adult life, Chagas was susceptible to being scammed and had lost exorbitant amounts of money to fraudsters, leading family members to take an active role in assisting him with taxes and paying bills.Sebeckis argued there was little direct evidence that Montano didn't feed the seniors, as past roommates said they had seen her providing food for Chagas and Kellogg. The attorney also said Chagas was not confined at all, and regularly left the apartment each day for his janitorial job at Sea World, which he attended with a sack lunch prepared by Montano each day.The defense attorney also said it was "pure speculation and conjecture" that Montano didn't use the seniors' funds to pay for their basic needs. 4151

SAN DIEGO (CNS) - Southwestern College President and Superintendent Kindred Murillo will retire at the end of this academic year after serving 24 years in the California Community College System, the college confirmed Wednesday.Beginning as an adjunct faculty member at Desert Community College District, Murillo has served in various roles. She spent 11 years as a chief business official and served her last nine years in the system as a college president, first at Lake Tahoe Community College District, and then at Southwestern College for more than four years."It is the commitment faculty, classified professionals and administrators have had to the success and achievement of our students that has made my career so rewarding," Murillo said. "Southwestern College has been the most remarkable community college I have had the privilege of serving during my entire academic career. We have worked together to establish a path of transformation for our students and our community."Murillo guided the college's accreditation status from warning to reaffirmation within her first year. According to a college statement, she also tackled a backlog of personnel investigations and complaints, increasing accountability at the district.Early in her tenure, she formed an Advisory Task Force on Inclusion & Race Relations that was intended to acknowledge a history of racism and inequity by design and to "develop transformative interventions designed to strengthen, enhance and support culture change," a college document said.Governing Board President Nora Vargas credits Murillo's commitment for positioning Southwestern College as a model of equity in the California Community College System."Murillo's transformative changes would have taken any other leader a decade to accomplish," Vargas said. "The work she has done will continue to benefit our students and our community for years to come. This will be her legacy."According to the college, some of her other accomplishments include:-- Implementing hiring practices, procedures and professional development that have resulted in the diversification of Southwestern College faculty, staff and administrators by almost 8%, and the leadership of the college by 14%, over a three-year span-- Moving from a 17% diverse executive leadership team to 75% diverse executive leadership-- Increasing graduation rates as measured by the College Scorecard by 10% in a little more than three years-- Entering into a partnership with San Diego State University to launch an SDSU Microsite at Southwestern College that will provide access to four-year degrees to Southwestern graduates on the Southwestern College Chula Vista campusMurillo said she is looking forward to retirement with her husband Michael and her son Vance. She lives in South San Diego County and plans on spending more time paddle boarding on the San Diego Bay and enjoying bike riding on the Bayshore Bikeway.The Southwestern College Governing Board will conduct a national search for her replacement that will include opportunity for community input. 3077

SAN DIEGO (CNS) - Playgrounds in San Diego County can reopen to the public Wednesday, despite initially being closed under COVID-19 restrictions, after state health officials reversed course.Assemblywoman Lorena Gonzalez, D-San Diego, led a group of a dozen legislators who sent a letter to Gov. Gavin Newsom last week urging him to remove playgrounds from the stay-at-home order. They claimed opening playgrounds "is necessary for the mental and physical health of children to have opportunities to expend their physical energy and play." They also noted that in some low-income neighborhoods, "families may have little to no outdoor space of their own available."Newsom and the California Department of Public Health revised statewide public health guidelines on Wednesday to allow for public playgrounds to remain open."Every parent knows how important playgrounds are for our youngest Californians," Gonzalez said. "A huge thank you to Governor Newsom for hearing our collective concern and rethinking how we can open play structures for our kids."Playgrounds were closed earlier in the pandemic before being reopened in September. Then, with a spike in case rates and the state's issuance of a regional stay-at-home order, which took effect late Sunday night across all of Southern California, playgrounds closed again.Pressure from parents and legislators have now caused the state to reopen the playgrounds.According to the state's website, "playgrounds may remain open to facilitate physically distanced personal health and wellness through outdoor exercise. Playgrounds located on schools that remain open for in-person instruction, and not accessible by the general public, may remain open and must follow guidance for schools and school-based programs."San Diego County Supervisor Jim Desmond made a motion at the Board of Supervisors meeting Tuesday to defy the state order and not enforce the playground closure. It was rejected 3-2.Supervisor Nathan Fletcher said his conversation with state officials proved productive, and gave credit to Gonzales -- his wife -- for her work."Kids in San Diego County can now enjoy local playgrounds. This is something that can be done safely and make the lives of families easier," Fletcher said. "My conversations with California Governor Gavin Newsom and Secretary Dr. Mark Ghaly worked, and I appreciate their partnership on this adjustment.""Thank you to everyone who worked cooperatively with the state, to bring about this adjustment, our collective efforts made a difference, special shout out to my wife, supermom, Assemblywoman Lorena Gonzalez," he said. 2621