In Reversal, Florida to Take Health Law’s Medicaid Expansion

MIAMI — Gov. Rick Scott of Florida reversed himself on Wednesday and announced that he would expand his state’s Medicaid program to cover the poor, becoming the latest — and, perhaps, most prominent — Republican critic of President Obama’s health care law to decide to put it into effect.

It was an about-face for Mr. Scott, a former businessman who entered politics as a critic of Mr. Obama’s health care proposals. Florida was one of the states that sued to try to block the law. After the Supreme Court ruled last year that though the law was constitutional, states could choose not to expand their Medicaid programs to cover the poor, Mr. Scott said that Florida would not expand its programs.

Mr. Scott said Wednesday that he now supported a three-year expansion of Medicaid, through the period that the federal government has agreed to pay the full cost of the expansion, and before some of the costs are shifted to the states.

“While the federal government is committed to paying 100 percent of the cost, I cannot in good conscience deny Floridians that needed access to health care,” Mr. Scott said at a news conference. “We will support a three-year expansion of the Medicaid program under the new health care law as long as the federal government meets their commitment to pay 100 percent of the cost during that time.”

He said there were “no perfect options” when it came to the Medicaid expansion. “To be clear: our options are either having Floridians pay to fund this program in other states while denying health care to our citizens,” he said, “or using federal funding to help some of the poorest in our state with the Medicaid program as we explore other health care reforms.”

Mr. Scott said the state would not create its own insurance exchange to comply with another provision of the law.

His reversal sent ripples through the nation, especially given the change in tone and substance since the summer, when he said he would not create an exchange or expand Medicaid.

“Floridians are interested in jobs and economic growth, a quality education for their children, and keeping the cost of living low,” Mr. Scott said in a statement at the time. “Neither of these major provisions in Obamacare will achieve those goals, and since Florida is legally allowed to opt out, that’s the right decision for our citizens.”

Mr. Scott now joins the Republican governors of Arizona, Michigan, Nevada, New Mexico, North Dakota and Ohio, who have decided to join the Medicaid expansion. Some, like Gov. Jan Brewer of Arizona, were also staunch opponents of Mr. Obama’s overall health care law.

Shortly before his announcement, the governor received word from the federal government that it planned to grant Florida the final waiver needed to privatize Medicaid, a process the state initially undertook as a pilot project. Mr. Scott, who is running for re-election next year, has heavily lobbied for the waiver, arguing that Florida could not expand Medicaid without it.

Mr. Scott’s support of Medicaid expansion is significant, but is far from the last word. The program requires approval from Florida’s Republican-dominated Legislature, which has been averse to expanding Medicaid under the health care law. The Legislature’s two top Republican leaders said that before making a decision they would consider recommendations from a select committee, which has been asked to review the state’s options.

“The Florida Legislature will make the ultimate decision,” Will Weatherford, the state House speaker, said. “I am personally skeptical that this inflexible law will improve the quality of health care in our state and ensure our long-term financial stability.”

Medicaid, which covers three million people in Florida, costs the state $21 billion a year. The expansion would extend coverage to one million more people.

Mr. Scott’s reversal is sure to anger his original conservative supporters.

The governor “was elected because of his principled conservative leadership against Obamacare’s overreach,” said Slade O’Brien, state director for Americans for Prosperity, an influential conservative advocacy organization. “Hopefully our legislative leaders will not follow in Governor Scott’s footsteps, and will reject expansion.”

During his announcement on Wednesday, Mr. Scott said his mother’s recent death and her lifetime struggle to raise five children “with very little money” played a role in his decision.

“Losing someone so close to you puts everything in a new perspective, especially the big decisions,” he said.

Michael Cooper contributed reporting from New York.

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Rebates for California electricity ratepayers clear hurdle

SACRAMENTO — California electricity ratepayers could get rebates of as much as $1.6 billion from more than a dozen power wholesalers that allegedly manipulated the market during the energy crisis of 2000, the state Public Utilities Commission announced.

The commission in a statement released late Tuesday praised an "initial decision" issued Friday by a federal administrative law judge who ruled in favor of the state in a complaint filed with the Federal Energy Regulatory Commission.

The judge's ruling, which still must be endorsed by the full federal commission, found the power wholesalers guilty of overcharging California utilities and limiting electricity supplies in the summer of 2000. That resulted in high prices and rolling brownouts and blackouts throughout the state that drove one utility, Pacific Gas & Electric Co., into bankruptcy.

The alleged manipulators, the PUC said, citing the judge's ruling, included Powerex, a wholly owned subsidiary of Canadian firm BC Hydro; Shell Energy North America, a subsidiary of Shell Oil Co.; TransAlta Corp. of Alberta, Canada; and the Bonneville Power Administration, part of the U.S. Department of Energy.

A Bonneville spokesman said the government-owned power agency is "disappointed with the outcome" of the judge's initial ruling but needs more time to analyze the decision.

PUC President Michael Peevey called the initial ruling by the judge a vindication for complaints brought by California officials on behalf of electricity ratepayers.

"We've been relentless in our pursuit of economic justice for Californians who were grievously overcharged for electricity during and after the energy crisis of 2000-2001," Peevey said. "We look forward to the day when all of these cases can come to a close and consumers can see the benefit of refunds of the overcharges."

marc.lifsher@latimes.com

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At least 16 hurt in blast and fire at Kansas City restaurant

At least 16 people were hurt and a popular wine bar was destroyed by an apparent natural gas explosion and ensuing fire at an upscale shopping district in Kansas City, Mo., Tuesday evening.

Residents reported smelling natural gas and seeing utility crews in the area before the conflagration. A strong scent of gas hung in the air afterward.

“Early indications are that a contractor doing underground work struck a natural gas line, but the investigation continues,” Missouri Gas Energy, a natural-gas provider, said in a statement.

The Kansas City Fire Department said the incident was under investigation. “It does seem to be an accident,” Fire Chief Paul Berardi said during a late-night news briefing.

JJ's Restaurant and wine bar, just off Country Club Plaza, had apparently been partially evacuated before the blast occurred about 6 p.m.

"This was happy hour at the restaurant. There were patrons in the restaurant," Berardi said.

No fatalities were reported, but officials brought in cadaver dogs to check the rubble. The Kansas City Star reported that one JJ's employee was missing.

The fire raged for two hours, with thick smoke visible for miles. Victims streamed to hospitals; at least four people were in critical condition.

Initially, police said a car had hit a gas main, but officials later discounted that explanation.

Witnesses described a chaotic scene. 

"I was sitting in my living room folding laundry, and felt in my chest -- and heard -- an explosion," said Jamie Lawless, who lives about two blocks from JJ's. "I started freaking out, and I was looking around, and then I saw other people walking outside. You could see giant black smoke billowing up from the plaza area, and nobody really knew what it was."

Sally McVey, who lives across the street from JJ's, said the fire "was growing exponentially, incredibly quickly. It was not like a fire I’ve seen before, where it takes a long time to spread.”

A crowd gathered to watch firefighters battle the blaze. At an apartment building on JJ's block, a woman on a top-floor balcony called down to onlookers.  "'Is my building on fire?' and everybody says, 'Yes, come down!' " McVey said. "She’s like, 'Oh my gosh,' and a lot of people come out of that building with their computers and dogs. She did too.”

JJ's owner, Jimmy Frantze, was out of town, said Kansas City Mayor Sly James, who used to be a fixture at the restaurant. The business, which boasted a selection of 1,800 bottles, had been on the site for 28 years.

“It was 28 years of a great restaurant, and then it has to end like this,” Frantze told the Kansas City Star while driving back from Oklahoma. “I want to make sure to check on my employees to make sure they are all right.”

Kansas City Police Department's bomb squad and officials with the Bureau of Alcohol, Tobacco, Firearms and Explosives were expected to investigate the accident after the search dogs finished looking for victims, Berardi said.

 matt.pearce@latimes.com

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Robin Roberts returns to 'Good Morning America'

NEW YORK (AP) — Five months after undergoing a bone marrow transplant, Robin Roberts is back on television in the morning.

Roberts said Wednesday she'd been waiting 174 days "to say this, good morning America."

The morning-show host is recovering from MDS, a blood and bone marrow disease. She looked thin with close-cropped hair but was smiling broadly, back at work on "Good Morning America" at ABC's studio in New York City.

ABC announced Roberts will interview first lady Michelle Obama later this week, to be shown next Tuesday.

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The New Old Age Blog: The Reluctant Caregiver

Now and then, I refer to the people that caregivers tend to as “loved ones.” And whenever I do, a woman in Southern California tells me, I set her teeth on edge.

She visits her mother-in-law, runs errands, helps with the paperwork — all tasks she has shouldered with a grim sense of duty.  She doesn’t have much affection for this increasingly frail 90something or enjoy her company; her efforts bring no emotional reward. Her husband, an only child, feels nearly as detached. His mother wasn’t abusive, a completely different scenario, but they were never very close.

Ms. A., as I’ll call her because her mother-in-law reads The Times on her computer, feels miserable about this. “She says she appreciates us, she’s counting on us. She thanks us,” Ms. A. said of her non-loved one. “It makes me feel worse, because I feel guilty.”

She has performed many services for her mother-in-law, who lives in a retirement community, “but I really didn’t want to. I know how grudging it was.”

Call her the Reluctant Caregiver. She and her husband didn’t invite his parents to follow them to the small city where they settled to take jobs. The elders did anyway, and as long as they stayed healthy and active, both couples maintained their own lives. Now that her mother-in-law is widowed and needy, Ms. A feels trapped.

Ashamed, too. She knows lots of adult children work much harder at caregiving yet see it as a privilege. For her, it is mere drudgery. “I don’t feel there’s anybody I can say that to,” she told me — except a friend in Phoenix and, anonymously, to us.

The friend, therapist Randy Weiss, has served as both a reluctant caregiver to her mother, who died very recently at 86, and a willing caregiver to her childless aunt, living in an assisted living dementia unit at 82. Spending time with each of them made Ms. Weiss conscious of the distinction.

Her visits involved many of the same activities, “but it feels very different,” she said. “I feel the appreciation from my aunt, even if she’s much less able to verbalize it.” A cherished confidante since adolescence, her aunt breaks into smiles when Ms. Weiss arrives and exclaims over every small gift, even a doughnut. She worked in the music industry for decades and, despite her memory loss, happily sings along with the jazz CDs Ms. Weiss brings.

Because she had no such connection with her mother, whom Ms. Weiss described as distant and critical, “it’s harder to do what I have to do,” she said. (We spoke before her mother’s death.) “One is an obligation I fulfill out of duty. One is done with love.”

Unlike her friend Ms. A, “I don’t feel guilty that I don’t feel warmly towards my mother,” Ms. Weiss said. “I’ve made my peace.”

Let’s acknowledge that at times almost every caregiver knows exhaustion, anger and resentment.  But to me, reluctant caregivers probably deserve more credit than most. They are not getting any of the good stuff back, no warmth or laughter, little tenderness, sometimes not even gratitude.

Yet they are doing this tough work anyway, usually because no one else can or will. Maybe an early death or a divorce means that the person who would ordinarily have provided care can’t. Or maybe the reluctant caregiver is simply the one who can’t walk away.

“It’s important to acknowledge that every relationship doesn’t come from ‘The Cosby Show,’” said Barbara Moscowitz when I called to ask her about reluctance. Ms. Moscowitz, a senior geriatric social worker at Massachusetts General Hospital, has heard many such tales from caregivers in her clinical practice and support groups.

“We need to allow people to be reluctant,” she said. “It means they’re dutiful; they’re responsible. Those are admirable qualities.”

Yet, she recognizes, “they feel oppressed by the platitudes. ‘Your mother is so lucky to have you!’” Such praise just makes people like Ms. A. squirm.

Ms. Moscowitz also worries about reluctant caregivers, and urges them to find support groups where they can say the supposedly unsay-able, and to sign up early for community services — hotlines, senior centers, day programs, meals on wheels — that can help lighten the load.

“Caregiving only goes one way – it gets harder, more complex,” she said. “Support groups and community resources are like having a first aid kit. It’s going to feel like even more of a burden, and you need to be armed.”

I wonder, too, if reluctant caregivers have a romanticized view of what the task is like for everyone else. Elder care can be a wonderful experience, satisfying and meaningful, but guilt and resentment are also standard parts of the job description, at least occasionally.

For a reluctant caregiver, “the satisfaction is, you haven’t turned your back,” Ms. Moscowitz said. “You can take pride in that.”

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Paula Span is the author of “When the Time Comes: Families With Aging Parents Share Their Struggles and Solutions.”

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Macy's seeks to block Martha Stewart Living's pact with Penney

Macy's Inc., the second-largest U.S. department store chain, will go to court in New York on Wednesday to try to persuade a judge to permanently block Martha Stewart Living Omnimedia Inc.'s pact with J.C. Penney Co.

Macy's sued Martha Stewart Living in New York State Supreme Court in Manhattan in January 2012 to stop it from proceeding with an agreement announced with J.C. Penney the previous month. Macy's claims that it has an exclusive right to sell Martha Stewart-branded products in categories such as bedding and cookware.

Opening statements in the nonjury trial will be before state Supreme Court Justice Jeffrey K. Oing.

J.C. Penney Chief Executive Ron Johnson and Macy's CEO Terry Lundgren probably will testify next week, as will Martha Stewart, her company's nonexecutive chairwoman, Macy's spokesman Jim Sluzewski said Tuesday.

In July, Oing granted Cincinnati-based Macy's a preliminary injunction blocking Martha Stewart Living from taking any steps with J.C. Penney on products in the exclusive categories.

In August, Macy's sued J.C. Penney in the same court, seeking to block it from proceeding with the Martha Stewart Living agreement. Oing denied Macy's request in that case.

Macy's said J.C. Penney and Martha Stewart Living "made a conscious business decision" not to disclose their talks to Macy's until the contract was signed to avoid the risk of a restraining order that would bar the agreement.

"Macy's contracted with [Martha Stewart Living Omnimedia] at a time when the MSLO brand was associated with the significantly downscale Kmart and Ms. Stewart was just being released from prison," lawyers for Macy's said in a pretrial memorandum. "Taking losses at first, Macy's moved the brand in soft home goods upscale, a herculean task under the circumstances.

"Now defendants, in complete disregard of the Macy's agreement, seek to reap the rewards of Macy's work and to usurp the benefits of Macy's contract."

Martha Stewart Living has defended its agreement with J.C. Penney, accusing Macy's of breach of contract and saying the retailer stocked and priced Martha Stewart products in a manner that favors private-label brands. Martha Stewart Living also said Macy's couldn't have exercised a five-year renewal option on the agreement because of the breach.

Martha Stewart Living has argued that its original 2006 contract with Macy's allows Martha Stewart Living to design and sell products within the exclusive categories as long as they are sold through the Internet, television or at any retail store branded with the Martha Stewart name that's operated by the company or its affiliates or "prominently" features the brand, according to court filings in the case.

The agreement "gives Macy's the exclusive right, with important exceptions, to sell Martha Stewart-branded products in certain exclusive product categories," Martha Stewart Living said in a pretrial memorandum. "The agreement does not, however, give Macy's any exclusivity — as to design, promotion, sale or anything else — with respect to products that are not Martha Stewart-branded."

J.C. Penney acquired a 17% stake in Martha Stewart Living for $38.5 million in December 2011. The Plano, Texas, department store chain is seeking to revive sales with new mini-stores dedicated to Martha Stewart and other brands.

Martha Stewart Living said in July that J.C. Penney agreed to pay at least $282.9 million in sales commissions over a 10-year period under an amended agreement, a $110.5-million increase from the terms disclosed in December. The amended pact also adds new products.

For Martha Stewart Living, selling its goods to multiple retailers is important to reversing declining sales. The company, which also publishes magazines, has posted losses and decreasing revenue for four straight years, hurt by a drop in advertising demand, and analysts estimate the same for 2012. Its stock lost 44% of its value last year. The New York company announced in November that it was cutting publishing jobs as it focuses on the Web.

Macy's Lundgren has revived the department store partly by adding more exclusive merchandise including Martha Stewart's cookware, kitchen utensils and bed and bath items.

The judge said he has scheduled the trial to run through March 8.

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Obama ramps up pressure on GOP to avert budget cuts

WASHINGTON -- With less than two weeks before across-the-board spending cuts begin taking effect, President Obama is cranking up pressure on congressional Republicans to agree to a Democratic plan that would temporarily block the deep reductions.

Obama is scheduled to speak Tuesday on the need to prevent the cuts, known in Washington as a sequester, appearing at a White House event with first responders -- people whose jobs might be lost if the federal government slashes budgets as scheduled on March 1, according to a White House official.

The president plans to endorse a Democratic plan that would replace the across-the-board cuts with more targeted reductions, as well as new taxes on some people making more than $1 million.

"The president will challenge Republicans to make a very simple choice: do they protect investments in education, health care and national defense or do they continue to prioritize and protect tax loopholes that benefit the very few at the expense of middle and working class Americans?" said the official, who would not be named discussing the plans.

Obama's event will be the latest step in his public campaign to cast his Republican opponents as standing in the way of  "balanced" deficit reduction, an effort he has pursued since the election and which he  highlighted in his State of the Union speech last week.

The president says he wants to curb government spending, but any deal must include new tax revenue from changes to the tax code and protect entitlements.

GOP leaders also say they want to avert the blunt spending cuts -- which were enacted as part of a 2011 budget deal as a way to force a compromise.

Nonpartisan experts say the cuts would eliminate hundreds of thousands of jobs and slow the recovery.

But Republicans argue that new taxes should not be included in the alternative. House Speaker John Boehner, (R-Ohio) said last week the cuts were likely to hit unless lawmakers agreed on a long-term plan that dramatically cuts government spending and eliminates the deficit over the next decade.

Senate Republicans are expected propose their own temporary alternative, which would curb the growth of the federal workforce.

The White House is continuing with the strategy that has yielded success in the past -- using the president's megaphone and a popular proposal to pressure Congress on deadline. That tactic successfully forced Republicans to agree to raise income taxes on top earners as part of last month's fiscal cliff deal. That deal also delayed the sequester for two months.

The Democrats are proposing another 10 month delay, replacing half the cuts with the so-called Buffett Rule, a requirement that those who have adjusted gross incomes above $1 million pay a minimum 30% tax rate.

The rule, an early staple in Obama's reelection campaign, is named for billionaire Warren Buffett, who has said that tax loopholes and deductions allow him to pay a lower effective tax rate than his secretary.

The Democratic proposal includes $55 billion in new revenue, along with cuts to farm subsidies and a smaller hit to defense spending than is scheduled.

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Kathleen.hennessey@latimes.com

Twitter: @khennessey

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TV special shows glory, trauma of military dogs

LOS ANGELES (AP) — It's been almost seven months since a bomb exploded on a strip of dirt in Kandahar Province, Afghanistan. Air Force Tech. Sgt. Leonard Anderson can only remember a reassuring voice.

He has seen the ambush and its aftermath on film, though: The man behind the voice putting a tourniquet on Anderson's leg as a medic tended to the other, listening to his own cries for help and his dog's whines of worry.

The blast that severely wounded the military dog handler was captured on film by one of four camera crews that were embedded with front line troops last year. The voice that reassured him belonged to Craig Constant, a cameraman for Animal Planet's "Glory Hounds" TV special, which airs Thursday.

It took the network a year to get permission to film the two-hour special, which followed the animals into combat zones where insurgents and buried explosives could be around any bend or under any pile of dirt.

Military dogs are prized targets for Taliban insurgents, Anderson said. They sniff out bombs, making safe passage for troops to follow and saving countless lives. The U.S. Department of Defense calls each dog a piece of equipment, but Constant says they're much more than that.

"They call them tools, and they are not. They are soldiers. They just have four paws instead of two feet. They walk in front of the platoons. It's a deadly game, and they die all the time. But they save lives by finding IEDs that technology can't find," said Constant, referring to the military terminology for improvised explosive devices.

Anderson became the handler for an 8-year-old Belgian Malinois named Azza when he asked for the job as kennel master at the base in Sperwan Ghar, said the 29-year-old who loves animals.

The breed is among four — including Dutch shepherd, German shepherd and Labrador retriever — that is commonly used by the military because they are of similar size and temperament, easy to train and enjoy working, said Ron Aiello, president of the U.S. War Dogs Association.

Azza became a military dog when she was 3 and detecting explosives was her specialty, said Anderson.

On the day of the blast, early morning on July 28, Azza and Anderson were about a mile from the base camp. They didn't need to go into the field — Anderson's job was to assess daily needs, plot routes and assign teams. But the self-described adrenaline junkie said he couldn't do his job if he didn't know where his men and dogs were headed and what they were facing.

Constant and his sound technician were about 10 feet behind them when the bomb went off. Military experts who examined the blast site said it was activated by remote control, not set off by touch.

But the dog bore the guilt: Constant remembers most vividly the anguished look on her face and her whines.

"Azza just looked at him. She had a human face. She was helpless. She was concerned. She was fixated on him," Constant said.

The explosion knocked the camera out of Constant's hands. He picked it up, planning to film, but dropped it when he saw Anderson.

"I don't know how he survived. There was a 6-foot-by-5-foot crater, and he was right on top of it," said Constant, who suffered ear drum damage and shrapnel wounds. The sound technician was wounded in the leg.

Anderson slipped in and out of consciousness while a medic and Constant, who is a former Marine, worked on his legs. Azza watched and whined.

"The only thing I remember from that day is Craig's voice talking to me telling me to 'calm down,' 'be easy,' 'it's going to be all right,'" Anderson said. "I woke up in Texas and that's when I asked, 'Where is my dog?' and 'What's going on?'"

Anderson doesn't know how many surgeries he had in Afghanistan, Germany and San Antonio, Texas, but he estimates around 20 based on what doctors and relatives have told him. He lost his left forearm and four fingers on his right hand, suffered upper body injuries and lost the skin on both legs.

Azza has been retired and was adopted by Anderson, his wife and their sons, ages 1 and 2. Memories of combat still haunt her, he said.

"She has some pretty bad nightmares, moving, breathing real heavy. I will slowly wake her up. She will get up and pace the house," he said.

Constant believes "Glory Hounds" shows the importance of dogs and their combat work.

"They really showed the truth and consequences of what these guys do. It's sad to watch because the story is told as much as you can tell it in two hours," he said.

His only regret from filming the show was that he didn't have his camera trained on Azza while they were helping Anderson.

"I wish to God I could have shot that. I wish I could have gotten that on film," Constant said. "It would have changed people's ideas about dogs" being viewed as merely equipment or property, he added.

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"Glory Hounds" airs Thursday at 8 p.m. ET/PT and repeats on Feb. 24 at 9 a.m. ET/PT.

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Online:

http://www.animalplanet.com

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National Briefing | South: Abortion Curbs Clear Senate in Arkansas

The State Senate voted 25 to 7 on Monday to ban most abortions 20 weeks into a pregnancy. The measure goes back to the House to consider an amendment that added exceptions for rape and incest. The legislation is based on the belief that fetuses can feel pain 20 weeks into a pregnancy, and is similar to bans in several other states. Opponents say it would require mothers to deliver babies with fatal conditions. Gov. Mike Beebe has said he has constitutional concerns about the proposal but has not said whether he will veto it.

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Helicopter pilot in film set crash faced prior enforcement action

The pilot of a helicopter that crashed in Acton this month had his pilot privileges suspended twice in the last decade, Federal Aviation Administration records show.

David Gibbs, 59, of Valencia was among three people killed in an early morning crash at the Polsa Rosa Ranch on Feb. 10 during the production of a military-themed reality TV show for the Discovery Channel.

The FAA and the National Transportation Safety Board are investigating the crash, which was the worst film set accident in California since 1982, when star Vic Morrow and two child actors were killed by a helicopter that slammed into them during the filming of "Twilight Zone: The Movie." The deaths led to scrutiny of safety standards and prompted tougher rules for film crews.

PHOTOS: Peril on the set - Celebrity injuries

Records show that the Acton crash wasn't the first incident in which Gibbs has been involved.

The FAA suspended Gibbs' license for 30 days in December 2003 for operating a helicopter in a "careless and reckless manner." The enforcement action stemmed from a November 2002 incident in which Gibbs piloted a helicopter that flew into a power line as it was filming a motor home traveling on Route 66 in Kingman, Ariz., for an episode of "Ripley's Believe it or Not!," according to an NTSB report.

A second incident occurred in May 2004, when a helicopter that Gibbs was piloting during a film shoot rolled on its side while he attempted to land it, according to a separate NTSB report. Gibbs was not cited by the FAA after investigators determined that the incident probably was caused by power loss.

But in 2007 the FAA took further enforcement action against Gibbs, a veteran pilot who also did helicopter work for the show "The Amazing Race."

His pilot certificate was suspended for 45 days for "failing to remain in two-way-radio communication with air traffic controllers while flying in airspace in which two-way radio communication is required,'' the agency said. The records did not indicate where the incident occurred or whether he was participating in a film shoot.

The citations are likely to draw more scrutiny of the decision to hire Gibbs for the "Untitled Military Project" film shoot. Some aviation experts have questioned whether it was safe for a helicopter to be flying in darkness (about 3:30 a.m.) when visibility is poor over hilly terrain.

PHOTOS: Peril on the set - Celebrity injuries

"These are very serious citations," said Jon Kettles, a Dallas aviation attorney who has represented families of victims killed in aircraft accidents. "It raises a lot of questions about why he was hired and the safety of the entire operation."

The Acton show is being produced by Eyeworks USA, formerly 3 Ball Productions, best known for its series "The Biggest Loser."

A spokesperson for Eyeworks USA on Monday declined to comment on the enforcement actions, as did a representative of Discovery Channel.

Producers had clearance from the FAA before they could film the nighttime copter scene. They have so far declined to comment on the circumstances of the crash, citing the pending investigations.

Darren Rydstrom, 45, of Whittier, a crew member; and Michael Donatelli, 45, of Indiana, Pa., a cast member, also were killed in the incident, which occurred on a 730-acre ranch in northern Los Angeles County that is a popular film location.

The Acton crash has triggered further debate in Hollywood about safety levels on reality TV shows. A recent report in the Los Angeles Times revealed that pressure to capture dramatic footage and cut costs has caused serious and in some cases fatal accidents on certain types of reality TV programs.

richard.verrier@latimes.com

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