"the willis report" is coming next. gerri: hello, everybody. tonight on "the willis report." the threat of malpractice lawsuits driving up medical costs. important new information you need to know. a price war for electric cars. and, cooking healthy meals with your hectic lifestyle. how do you do that? todd english is here. watching out for you tonight on "the willis report." all that and more coming up but first our top story tonight. tsa pat downs coming.

the agency notorious for stealing your belongings and patting down granny has been flying under the radar eanding its reach beyond airport security. joining me now, administrator law counsel for the privacy information center and senior policy council at the aclu and former fbi agent. we just kind of learned about this, and i was shocked because i thought what they were doing the cops were supposed to do. what is going on here? >> tsa is constantly expanding its authority and to state and local law enforcement. tsa has jurisdiction to control in the way it is done. gerri: i know you agree with it. here's what the tsa administrato explaining what they are trying to do. the mandate is to provide security, counterterrorism operations for high-risk targets. not just air force and aviation.

so what is your problem with what he is saying? >> they are expensive and ineffective. they harm our fourth amendment rights and often and a proxy for other types of bias racial profiling where they will go out, doing this search for security purposes but really they're doing it for general criminal purposes which is a violation of the fourth amendment. gerri: so you are saying it is not true at all. do you think they are working for the fbi, what, i don't understand your point. >> part of what they use of these behavioral officers, they use those in airports under different program, what we have seen in the programs is neither one have ever caught a terrorist or a threat to transportation security so what they are trying to do instead is generate any arrest, even for low-level, activity like

somebody carrying a joint in their pocket or traffic warrant because that will justify the program is working and generating these arrests. gerri: if it the tsa, they should be finding terrorists, shouldn't they? arwe getting anything for e 95 million annu budget we are paying for? >> we are not. tsa has classified whether they have foiled a terrorist plot. there is no discerble benefit. we know it is expensive, we know it is expensive and it is invasive coming at the cost of individual privacy rights, and further, the tsa inserting itself in state and local law enforcement without objective probable cause or reasoble suspicion. gerri: we ke talking how the federal government is reaching too much into our pockets and our lives and our computers. it almost seems like the whole thing has run amok. i see it as mission creep, how

do you see it? >> it is a very expensive form of security theater. i think there are some members of congress who are getting concerned about this. the representative from new jersey recently introduced a bill that would defund the program. these are hundreds of millns of dollars invested in these programs and they hav had nevere anything to demonstrate they are actually effective. gerri: here's what we're looking . the tsa monitoring way stations, national political conventions, sporting events, musical festivals, rodeos. are you kidding me? the tsa says this is our mandate, why are you surprised? is that true? have they been mandated to do this? speak of the t has not been

mandated for mass surveillance in a variety of venues. the tsa is acting under the guise of a general warrant which we do not have here in the u.s. they are not basing this on probable cause, reasonable suspicion. the tsa is using hunches, gases and profiling to stop and detain individuals. gerri: what next, where does this go? can we stop it, should we stop it? it is an important objective. >> what we have to do is make sure the money and the resources we are putting in the counterterrorism program actuallyerform a counterterrorism function and aren't just a violation of our rights for no reason, this idea that cops can stop us wherever they want and demand access to our packages. gerri: do you regard these searches as illegal? >> they don't adhere to any legal standards, and so there is

really the tsa has no justificion, no jurisdiction and it hasn' has improved the pm is effective. no, tsa is violating individual's fourth amendment right to privacy. gerri: thank you for coming on. a shocking story about the long arm of the law and uncle sam visiting you at a rodeo soon. thank you a lot, appreciate it. now we want to know what you think. should the tsa spanned its authority beyonairport security? log on and vote on the right-hand side of the screen and i will show the results at the end of the show. tsa, not the favorite ministry of agency. coming up, the top five complaints against the tsa. but fit, doctors are going on the defensive to prevent malpractice lawsuits waiting to spend more time in the er and or money getting more tests. i malpractice attorney who previously practiced emergency

medicine. you are a surprise both attorney and a doctor, you have practiced being involved in aalpractice industry, what do you make of this report? it sounds like a lot of doors are being pressured forcing tests on people that may or may not be needed. how do you rate it? >> this is a study tat involves medicare data, so it is limited to that segment of the population, although medicare patients rack up more cost for health care than the rest of the population. gerri: they set the prices for the rest of us. >> in a sense. but if you look at a study of the conclusion actuallis a bit beyond what the data owed. they looked at three different areas, one of which was

evaluati of chest pain, low ba pain and referrals to emergency rooms. for chest pain evaluation, what they found was no difference between physicians identified themselves as being concerned high risk concern for lawsuits versus those who had a low risk of concern. gerri: according to this study, patients going to er 30% more likely for advanced imaging test for headache. 49% more advanced imaging test for lower back pain. over reaching point is if a doctor is worried abou being sued, a medical malpractice suit they are more likely to say you know what, we will get you to go to the er, we will layer some cost onto the system and that

would seem to argue against medical malpractice suits because at the end of the day those costs are going to all of us, taxpayers and eeryone. speak of the of low back pain and headache are kind of broad coerns because a lot of things can cause low back pain. headings and nine specific symptom. the one that is more indicated is chest pain. if you have a possible heart problem it is much more of a concern to have chest pain tan low back pain. gerri: i'm not prepared to argue what is more likely to be diagnosed. let's talk about medical malpractice. what specialties are more likely to get the lawsuit? >> the greatest percentage of instance for malpractice claims

a study by the insurance industry, ere was a study to the surance institute that showed about 40% of malpractice claims are based upon a failure to diagnose, kind of a general thing why these studies look at the kind of testing that is done to diagnose patients whether it is chest pain or low back pain, headache, taking common complaints and seein sing what f test are done. in terms of the significae for the physicians, hospitals and the patient's, more catastrophic injuries occur, the neurosurgery. speecgerri: if we were to remove threat of these lawsuits, wouldn't that reduce the cost of health care for everybody across

the country? wouldn't this be a good result? woul't this be better than having doctors practicing defensive medicine that ulmately adds to all of our costs and makes it impossible for some people to even get care? >> it is a unique system because patients don't pay for their care. they have health insurance or medicare. gerri: we are all paying for it because of obamacare. you could say that maybe 1 years ago but is just notrue anymore. >> if you look at on interesting statistic, los angeles county has more mri scanners a all of canada, how do you pay for that. obviously tests have to be ordered. gerri: so doctors are overprescribing just to pay for equipment? is that the point? >> somebody has to pay for the equipment. it is not a simple solution to

say they are overprescribing because they're concerned about getting sued. you also havthe economics of the system itself which is you have a lot of expense of equipment that has to be paid for and tests are done in order to offset those costs. and much more complex issue than simply concerned about being sued ordering the test on patients. most tests done are negative. gerri: it really does not even matter if medical lpractice lawsuits define the amount of money that can be awarded. if doctors are so worried about it, they will give you more tests. i have to leave it there. it is a pleasure to have you here. >> my pleasure, thank you. gerri: we have more to come as our encoding the best ways to stay fit. like cooking on your own. will get advice from celebrity chefs. and since nobody is buying them, automakers are slicing cost of

cars. stay with us. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands onlin that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the intern the room it needs to grow. this&is gonna be big hp moonshot. it's time to build a better enterprise. together.

gerri: automakers battling over prices to jolt the sales of plug-in vehicles. gm is announcing thousands of the electric car the chevy volt. t does the 30% discount make it a deal? joining me now, senior analyst for kelly blue book. you know, i saw this, is this a sign of desperation or what? they must be desperate to get rid of these cars. >> i think it is a sign of the times when they first came out back in 2011 i think those of us in the industry looked at the price tag which was $40,000 for the volt and $35,000 for the leaf and realize very few consumers would spend that kind of money on a vehicle ultimately intended to promote cost savings at the pump. gerri: that is interesting. we had our own objections to it.

originally $40,000, the rebates offer and $5000 but pivotable tax credit. the new price, how much can they/this? i just wonder of the public even accept these cars. what do you think? >> the volt just announced their price drop. when the leaf slash prices, ford slashed prices, it is through these promos that have gotten interest because 35, $40,000, but talking $40,000, that is what is getting people's attention. gerri: a big tax credit, cutting the prices, that is a lot of juice to put behind a car that ultitely seems to be just a

fantasy of washington. they want to push these cars on americans but i don't think there is a huge demand for them. do you see in this growing dramically in these kind of cars? >> i don't necessarily see interest growing dramatically. electric vehicles and even hybrids account for 2% of the overall marketplace in the united states. better technology is way too expensive. battery cost have come down and will continue to comeown. you might see them scale, but there is a lot of if and maybes so iwill be sometime before the vehicles are priced right and competive with what consumers really want. starting less than $20,000. gerri: those cars are much more cost efficient, don't have to look for a place to plug in.

we talk a lot about these electric cars at the end of the day but i am wondering if there will be come a time where the battery really will work well. is that going to happen anytime soon? >> from what i have read from the different studies, the cost has come down 30 to 40%, they are expected to come down by another 20 to 30in the next four to five years which is progress but they will still be affected for the vast majority of consumers but we are headed in the right direction, there is growing demand. still one or 2% of the market but is moving in the right direction. gerri: that was optimistic. thank you for coming on tonight, appreciate it. and i have a quick programming note for you. our special guest friy is the

ceo of quicken loans. quicken loans is the biggest mortgage lender in the country and one of the biggest onnine for brick and mortar. they are huge. we will talk all about the housing market and see what he sees for the economy going forward. join us friday for that. he is a groundbreaker. later in the show spending might reduce stress. a booming industry that may be taking you for a ride. and celebrity chef is here with the best ways to cook healthy at home. with the spark cash card from capital one... boris earns unlimited rewards for his small business. can i get thsmitcontract, ease? thank you. that's three new paper shredders. [ boris ] put 'em on my spark card. [ garth ] boris' small business earns 2% cash back

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to a goal of under 10 getting to goal important, especially if you have high cholesterol plus any of these risk factors because you could be at increased risk for plae buildup in your arteries over time. and that's why when diet and exercise alone aren't enough tolower cholesrol i prescribe crestor. [ female announr ] crestor is not right for eryone. like people with liver disease or women who are nursing, pregnant or may become pregnant. tell your doctor about other medicines you're taking. call your doctor right away if you have muscle pain or weakness, feel unusually tired, have loss of appetite, upper belly pain, dark urine or yellowing of skin or eyes. these could be signs of rare but serious side effects. is your cholesterol at goal? ask your doctor about crestor. [ female announcer ] if you can't afford your medication, astrazeneca may be able to help. gerri: waistlines rejoice, the celebrity chef top-secret for mouthwatering foods

gerri: put down the menu. massive calorie caps on hidden even in a healthy sections. how do you cook healthy dishes at home and stay fed? celebrity chef todd english. owner of the cookbook, great cookbooks, thank you foroming in. >> always good to be here. gerri: we came up with a list of unhealthy meals at fast food joints you think would be healthy, but you say no. starting with the cheesecake factory. >> let's take a caesar salad

dressing for example. who doesn't love caesar salad dressing but that can be a lot of calories depending on how much you put in it. gerri: and more is typically better. this talk about panera bread. we find turkey asiago cheese that is 920 calories. you are breaking my heart. >> you just have to be careful how much cheese you put on and if it is loaded in mail. stick with mustard. what we're talking about, we're tryintry to get people to underd it is moderation. if you want to have that french fry, have th french fry but don't eat it every day three times per day. if you want a glass of wine, that is part of life. i grew up a mediterranean cooking world. gerri: but that is healthier. >> one of the longest life longevity's and they have a

healthy life for a glass of wine every day, the eat what is fresh, local, right now. those are the things we have to look for. encourage people to do here in the states as well. gerri: one of the places people used to go all the time is jamba juice. all of the sugar. 390 calories for a smoothie because it has 100 grams of sugar. >> some of those coffee stores you have to be careful, loaded in calories. those are things to add on, but you don't necessarily need to have, need to work around them. gerri: you have some sgeions for people if they want to make something that is healthy and has few calories but taste good. >> purchasing is number one. when you buy the right ingredients you n't have to do a lot to them. try to get something that is fresh and know where your food is coming from.

the market is busting with great ingredients. tomatoes, corn, peaches, zucchini, all the fresh vegetables. low-calorie, easy to prepare and delicious. as far as protein, alws try to have a little bit of protein so whether it is a little bit of steak, lot of poultry is great, fish especially will not add a lot of calories but fill you up and make you feel satisfied. gerri: i grow my herbs in the backyard. >> spices add great flavor. one of the things his deprivation. people don't want to feel deprived. have a little bit of low-fat yogurt. gerri: so you're going to reduce

my steak. a little bit, but how are you going to make it feel like i am eating more than i am? >> buying good quality meat and cooking it properly, adding spices, a little mustard vinaigrette or something and loaded up with vegetables and you will feel satised. the key is eating moderately, lessening your portions and eating more in the day. keep the metabolism jacked up. gerri: finally sothing i can appreciate. >> keeps you satisfied all day ng and keeps everything flowing. my line of work i end up taking a lot of food all day long and it keeps me going all day. at the end of the day i don't really want a meal. maybe a glass of wine.

gerri: thank you for coming in, great stuff. and for one of the delicious recipes, logon to gerriwillis.com. more of your ongoing look at your medical privacy as a new report shows how obamacare is threatening the security of the health records. and with 70% of americans claiming to feel stress, new products flooding on the market. they promise to reduce your stress but is it a big waste of money? stay with us.

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remember, medicare supplement insurance helps cover some of what medicare doesn't pay -- expenses that could really add up. these kinds of plans could save you up to thousands in out-of-pocket costs... you'll be able choose any doctor who accepts medicare patients. and you ner need referrals. so don't wait. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. this easy-to-understand guide will answer some of your questions, and help you find the aarp medicare supplement plan that's right for you. gerri: in new york, here again is gerri willis. gerri: is obamacare putting your personal information at risk? federal government delays and

testing data security for the state-run health exchanges cou leave your personal information up for grabs for identity thieves. rich edson in washington, d.c., with the details. reporter: government analysis shows obamacare deadline for network security. health and human services inspector general's report says if there are additional delays in completing the security authorization package, they may not have a full assessment of the system risk and security controls needed for the security authorization decision by the initial opening enrollment set to begin october 12013. republicans are seizing on the report saying another exame obamacare will not work. the congressman rights this data hub is aacker's dream with 55 days until implementation, they're nowhere near to go live. they are building this computer network. the system does not ste any of the information it routes through different federal

agencies. the agency says they have improved and in a statement the spokesperson says we are on schedule and will be ready for the marketplaces to open on october 1. the city conducted in may. we have made progress the last three months since then. continue to implement obamacare while congressional republicans try to defund and repeal it. melissa: there is n another problem with online exchanges. how difficult is it to set these things up? >> is a pretty difficult exchanges when you think about what has to happen with state-run exchanges, the states doing their own exchanges and the ones on the federal level so real problem if they're going to be up and running in october 1. he looked back o at the other

government lists, the watch lists,hose have never been that smooth. gerri: thank you for coming on, great to see you. rich: thanks. gerri: at obamacare of things to stress out about and americans are stressed causing relaxation drinks. they are popping onto the market increasing b do they work or do they fizzle out? with more on this, senior associate editor. lcome to the show. you have the energy drinks to get you up, sleep aids drinks to take you down. sounds like a bad idea, what do you say? >> this is kind of the next iteration of energy drinks and they are regulated very similarly to energy drinks, such as to say not that much. ththey list at least on their labels ingredients that have been studied in clinical trials.

we actually test a snapshot of eight products to see what was in them. gerri: what did you find? i wonder if they are effective and safe. >> the good news is unlike energy drinks, caffeine is an issue and we found in our consumer reports testing many contain more caffeine than what is on their labels with relaxation drinks the good news is there doesn't seem to be a lot of safety issues with these, so not so much a matter of risk. what we did find in the testing was that often when they did contain these purported call me ingredients they were at concentrations much lower than what has been used in clinical studies. gerri: what are these chemicals, are they commonly ed in the industry? >> melatonin is a very popular supplement you probably heard, involved in the regulationf a sleep wake cycle.

there's a reason for including melatonin in some of these but the amount is just not enough. gerri: dam water, mellow mood, it sounds like they are targeting young people with this. >> just like with energy drinks they havthe colorful, almost videogame like packages and they are sold in the same area of convenience stores and gas stations where you're likely to find energy drinks. you will find them in the refrigerator alongside juice and soda. gerri: we found them next to the sleep aids where we purchased them, but i have to tell you if you see your kids drinking the these, what does that tell you if your son or daughter brings these home as a parent, what should you be thinking? >> there are much better ways to help their child to deal with stress and anxiety or insomnia. a lot of these carry warnings that they should not be used by

children, they should not be used by women who are pregnant or nursing. it is always a good guideline to go you don't necessarily know what you are getting or in what concentrations. some of these have quite a bit of sugar. some have more than 40 grams. gerri: home i supposed to calm down if i am drinking sugar? >> there is just some convocations there. gerri: i would say a glass of wine if you're andult as opposed to one of these, but that is just me. thank you so much for coming on and telling us about it, and inresting category. when we come back the fda starts taking gluten-free branding seriously. with more warnings frothe fed is another market freak out headed your way? coming up.

gerri: more chatter from a fed pushing the market lower today and the big question for wall street, when will the fed start pulling back the punch bowl and tapering off the bond buying seamless program? charles evan says pering to be in next month so what does this mean for your investments? the chief investment strategist. welcome back to e show, sir. next month is september, my friend. i barely have time to change things around it do you believe that? >> september is one of the worst months for the market in terms of the equity market and it would not surprise me. we have not had a significant pullback all year, and i have said this on your show a number of times, at some point we should get a pullback.

gerri: we had it earlier. i would prefer the market went straight up. a cleveland fed president had to say, i take these recent improvements in the labor market is evidence the economy is on firmer footing in light of the progress and if it remains on the stronger path that it has followed since last fall and i'll be prepared to scale back the monthly pace of asset purchases. get ady to make a change because here it comes. what do you hear? >> her vieis still in the minority on the fed because if it were the majority that would have been happening by now but will be interesting to see it the next meeting if in fact that does become the majority view. i tend to think a lot of this is actually already in the market. when bernanke mentioned tapering for the first time, the next day the bigst drop of the year.

in mid-july he mentioned it numerous times and the dow and the s&p were hitting highs. a loof this already in the market, belie. gerri: we are leaving the door open for the economy doesn't really pick up, they are tapering and typically what we found at the end of the year has been a weaker fourth-quarter come a disappointing fourth quarter in terms of rnings and more. will we have similar situation? >> this has been the case the last several years, to be interesting to see. if that does happen, the economy starts to turn over, at least a minor way, that could reciprocate september, october pullback that wouldn't surprise me.

gerri: what do i do as individual investor, what is your advice for me? >> the risk, i think u.s. investors are still under invested in stocks. retail investor has been absent for about five years and just starting to get back in. you have to continue to dollar cost averaging but do it in defense of wasted one of our favorite sectors is consumer staples. historically a defensive sector you just need to be cautious, don't go whole hog in the stock, dollar cost average put some of the cash on the sidelines to work. gerri: we appreciate your time. >> thank you. gerri: earlier this hour talk about how the tsa the expanding its authority from screening you with agency is possible for security and a host of new places now, even rodeos. they may want to fix some of the

complaints against the agency first. take a look at these complaints tonight's top five. improper screening procedures. the agency gets hicolaint around 27 times per month. number four, processing time. the matter what hour of the day you pass through security it seems to take forever, right? courtesy, nearly 300 times per nth for the tsa gets complaints of how rude the agents are. personal property issues, you know about this. nobody likes me dump out your favorite shampoo or nail polish. and your bags are damaged. this is so prevalent the tsa gets more than 700 complaints per month. if you would like to file a complaint against the tsa, go to their website. my two cents more and gluten-free food that has become so popular the tsa is getting involved. what it means the next time you go to the supermarket.

gerri: gluten-free foods are flyi off of grocery shelves. flyi off of grocery shelves. with the new

gerri: so, increasing popularity around gluten-free foods has the government getting involved. the fda issued a new standard what exactly gluten-free is. editor of supermarket guru.com and here is here to help. so the government is involved. start with their standards, what you think of their sndards f gluten-free? >> it is important to somebody has standards because you go

around the supermarket gluten-free products are the fastest-growing category in the market for the past three years. last year over $14 billion in sales just here in the u.s. % increase. even retailers like walmart have hundreds of products out there. gerri: people who put out letters are putting gluten-free stickers on the lettuce. describe what it really means and if you think is important. >> it is important for those who ve a disease. shopping for health survey, what e report is one out of every four people,5% of , are buying gluten-free products. 1% really need it, 25% of us are buying it because we think it is healthier. gerri: what is the argument in favor of these foods? >> it is a serious disease, you

have bloating, creates a lot of problems, this little protein that you find not only inbred which you would expect but also in soup, cold cut, jell jellybe, all kinds of products have gluten. you can have a serious problem for your intestines start leaking as a result. but just for 1% of the population. gei: a lot of people are anti-bread right now, so they buy these newton free products. >> it is the atkins diet. that really clouds the issue. trying to make these extra sales and every brand pushing us but keep in mind 1% of the population. gerri: are they healthier or no? >> they are healthier for people who have celiac. it can reduce bloating.

gerri: for the rest of us concerned about how much bread we are eating, is it healthy for thospeople? >> no. eat a healthier bread, get away from white bre, eat whole grains, eat less. those are e secrets to good health. gerri: i know you watch the numbers, talking th to total sas of these products almost $15 billion. how important is it to the grocery stores right now? >> it is huge and it is going to get even bigger. next year we will have a deluge of new products and this will go to about $25 billion before the bubble burst. and then we have something else. the emerging trend is local, but i think we will see some new standards and some new innovations when it comes to bringing local produce to the

supermarket in japan actually building houses next to the supermarket. they are growing their own produce on location. gerri: thank you for coming in. we will be right back with my two cents more and the answer to our question of the day. should the tsa expand its reach beyond airport security? stay with us. right now, 7 years of music is being streamed. a quarter million tweeters are tweeting. and 900 million dollars are changing hands online. that's why hp built a new kind of server. one that's 80% smaller. uses 89% less energy. and costs 77% less. it's called hp moonshot. and it's giving the internet the room it needs to grow. this&is gonna be big. hp moonshot. it's time to build a better enterprise. together. do you mind grabbing my phone and opening the capital one purchase eraser?

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gerriwillis.com. 11 percent said yes, 89 percent said no. think we are all in agreement. log on to gerriwillis.com for online question every weekday. here are some of your e-mails. i love reading the. eric from texas, fortunate enough to have a good job. but that being said, have never felt in my life is terable. our economy is headed for a major crash. i don't knowhat to do other thant-free as possible and pay close attention to what is going on and accordingly. way to go. good stuff. judy from obama's says, as ranchers, we are asset rich and cash poor. the land is the base of our earnings and should not be taxed to our death. r children need the land to continue to operate and not have to buy it again. a great e-mail. here is roger fro arkansas. thank you for providing a great program with usable and permission, every day. i like t final "2 cents" at the end of the program. your number one in my book. thank you. if send me an e-mail.

coats said gerriwillis.com. finally, it is power ball day. today's drying is expected to fetch eight single winner a lump-sum payment after taxes of $245 million. it is not the 590,000,001 florida woman won in may, but it is not chump change. i would take it and i know you would too. here are some numbers that could help you buy a ticket. first off, three states seem to be luckier than others. pennsylvania has the most winners with 16. indiana has had1, and new york, for. some of the most common winning numbers, 20, 31, and 35. the most common power ball number is 42, just saying. if you want to play, that is my "2 cents more". coming up tomorrow, wells farro planning to roll out a host of credit cards that are supposed to help consumers cut back on that. we will tell you about it in. we will ask of these cards are worth it. that ist for tonight on "the llis report."

thank you for joining us. @%n't forget to a record the show if you cannot catch us live. have a great night, and we will see right back here tomorrow. ♪ ♪ lou: good evening, everybody. thank you for being with us. washington has become an end to the logical wonderland where the obama administration seems to be more obsessed with semantics and sentence construction than in the capture or kling of terrorists. washington taking pettiness and irrelevancies to new heights while dismissing any sense of proportion when it comes to a radical islamists and the war and terror of. and for all of that, this was a red letter day. president obama's mantra that al qaeda is on the run proved wrong yet again. you're looking at pictures of