Friday, 30 September 2016

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So it appears that Our Betters in DC© are funneling money to their O'Care enablers:

"The Obama administration is illegally sending payments to health insurers instead of to the federal Treasury as Obamacare requires, according to a new report from the Government Accountability Office."

Now, where is it getting this money? Well, that's a good question:

"The industry [poor suckers that actually bought ObamaPlans]-funded reinsurance program was supposed to provide $10 billion to insurers and $2 billion to the federal Treasury."

When that fell (way) short, they shoveled the whole amount, all $12 billion to their AHIP cronies, shorting those of us who actually pay our bills, including finding the government, by $2 billion.

And that was just for plan year 2014 losses. There's also last year's and this year's losses, which are even more substantial, to be reckoned with. Predictably, some congressional Republicans are threatening to hold their breath til they turn blue making threatening noises.

But that's not the only money source in this shanda:

"Justice Department officials have privately told several health plans suing over the unpaid money that they are eager to negotiate a broad settlement ... payments most likely would draw from an obscure Treasury Department fund intended to cover federal legal claims"

There used to be a term for this kind of thing...let me think...oh, yeah.

Business as usual, then.


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Thursday, 29 September 2016

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I originally thought this would be another in our series of either Stupid Government or Frustrating Carrier Tricks. But it's really about how "life happens."

So we know that HHS has been cracking down on off-season ("Special Open") enrollments, leading carriers to be particularly stringent on what documentation they'll accept, and adhering tightly to the 60-day open window.

But sometimes, even having all the documentation one thinks is necessary just isn't enough, and it's not the fault of the proposed insured, the carrier, or the government.

Here's the story:

Bill was covered under his wife's health insurance policy until their divorce this summer. The divorce was actually finalized on July 13th, but Bill's ex told him that her boss had promised to keep him on the plan through the end of the month (that would be July 31st, for those following along at home). Divorce is one of the Special Open Enrollment triggers, as is involuntary loss of group coverage. Typically, the clock starts ticking the day the divorce is finalized, or when the coverage ended.

Because we believed that Bill was covered until July 31, we presumed that the clock started then, and we had 60 days to obtain new coverage. Bill didn't contact me until early this month, so we knew that clock was ticking, but believed we'd be clear for an October 1 effective date.

We submitted the application and supporting documents (well, those we knew about), one of which was the Proof of Coverage from the group plan. It said that coverage ended July 1, but since we'd been assured by Bill's ex that this wasn't the case, we pushed forward.

As the 60 day window continued to close, I asked Bill for more documentation to prove that we'd gotten in under the wire.

This is what I got in  email this morning:

"It was not supposed to end until Augus! I found out yesterday that it was cancelled July 1, and my ex's was cancelled August 1. She has left that position and is suing the guy she was working for. I have not been able to reach this former employer. Calls not being returned. I really don't know what to do at this point."

So basically, the carrier was correct that we'd missed the deadline, and will be refunding Bill's initial payment shortly. On the bright side, I was able to come up with a pretty nifty solution to Bill's coverage and ACA problem (but that's another post).

The moral of this little [ed: "little
"] story is that sometimes one can dot all the right i's and cross all the right t's, and still come up short.


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Wednesday, 28 September 2016

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Back in 1992, I was introduced to the world of Medical Savings Accounts. These then-cutting edge plans were unique in that they touted $1,000+ deductibles in a world where $500 was considered exorbitant. But they offered substantial savings, part (or all) of which could be socked away to help defray future needs.

As time went on, MSA's evolved onto tax-advantaged HSA's, but the basic premise was undisturbed: in consideration for the insured taking on more risk, the carrier agreed to a lower premium.

Win-win.

Especially because a young, healthy person could sock away quite the nest egg.

Eventually, though, the ObamaTax came along, with out-of-pockets that dwarfed traditional HSA's, coupled with premiums that matched what used to be considered the most expensive "high end" plans. So: lose-lose.

FoIB Allison Bell has a terrific new article on the effect that ACA-compliant plpans with ever higher deductibles - and premiums that don't reflect them - are having on the average person. She cites a new Guardian Life report "based on a recent online survey of about 1,700 U.S. workers."

And the findings are eye-opening (or cringe-worthy; your call). For instance:

"[O]only 44 percent of the workers surveyed this year told Guardian they had enough cash in a checking account or savings account to pay a $3,000 medical bill.

About 34 percent said they would use credit cards to pay bills that big
."

Great.

And here's another:

"About one-third of the workers in high-deductible plans said they had skipped what they thought was a necessary doctor visit, avoided a blood test, delayed a procedure, failed to fill a prescription or avoided X-rays because of cost."

We've seen this before: your insurance is too expensive to use. Of course, because plans are guaranteed issue and can't exclude pre-exisitng conditions, by definition they're going to cost more - much more - so any savings that were once available to those with higher deductibles is now gone.

#O'CareWinning!


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And the hits just keep on coming: first Nebraska, then Indiana, and now The Volunteer State:

"Blue Cross Blue Shield of Tennessee is dropping most of its Obamacare customers"

And no wonder: the carrier anticipates eating half a billion dollars in losses from these plans. That's a lot of scratch, even for the Blues.

Look for more of these as we inch closer to Open Enrollment v4.0.

#O'CareWinning!


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Tuesday, 27 September 2016

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The ostensibly toothless Individual Mandate seems to have hit more people in '14 than previously reported.

A lot more:

"[A]bout 560,000 more taxpayers paid about $200 million more in penalties than was previously reported"

That upped the total for the year to $1.7 billion, and graphically demonstrated (as if this weren't obvious from the git-go) just how "sustainable" the ObamaTax isn't.

To help mitigate the pain, several senators have introduced the Obamacare Tax Relief and Consumer Choice Act under which, if passed and signed into law [ed: Heh], "individuals would not have to pay the penalty if health insurance premiums in their state rose by 10 percent or more or if they could not afford deductibles."

Exit question: Why won't the Powers That Be tell us how many folks actually paid the penalty (in cold hard cash) as opposed to having it withheld from their refunds?

[Hat Tip: FoIB Holly R]


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Monday, 26 September 2016

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Once more, with gusto:



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Friday, 23 September 2016

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Cornhusker State insureds (and potential insureds) just lost another opportunity:

"Blue Cross drops out of Nebraska's Obamacare marketplace"

That leaves just two carriers on the state's Exchange, one of which has a substantial Medicaid presence as well. And it leaves some 20,000 erstwhile BX enrollees scrambling for a new carrier in a few weeks.

Curiously, Blue Cross CEO Steve Martin (no, not that Steve Martin) claims that "too often federal officials let people buy insurance just before they are due to receive an expensive health treatment and then drop their coverage immediately afterward."

This particular gaming of the system seems to have become more difficult as HHS, and the carriers themselves, crack down on SEP's. Still, he would know, no? And if true, that's really on the government, not the carriers, who simply follow the rules.

For certain values of "rules."

[Hat Tip: Cynthia Cox]


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Regular readers will recognize Cornerstone: they've been a great resource for me both professionally and for the blog. Steve Geis, Cornerstone's VP of Employee Benefits, recently penned a really interesting article that was emailed to their agents. It's a great perspective on what he thinks the future holds, and he's graciously granted us permission to excerpt it here:

"From its inception, we wondered if employers would offer group health coverage once the ACA became law ... Would groups even need a broker?

Fast forward to present day 2016. We have a thriving group market with employers offering health benefits to their employees. Though a small percentage of groups disbanded coverage, it wasn’t the high volume expected.

So what happened? I believe there are several reasons employers didn’t end their health plan. Groups want to offer health benefits to stay competitive in the marketplace, attracting and retaining the best talent. They also want to provide benefits because they feel it’s simply the right thing to do.

But what new threats exist on the horizon? The House of Representatives passed H.R. 5447, which is now in the Senate as Bill S.3060, also known as the Small Business Health Care Relief Act ... It states that standalone HRA’s, which are not paired with a health plan and used as a means of tax-advantaged funding, are not permitted for employee reimbursement."

I'm going to stop there, but would be happy to send along a full copy to anyone who's interested; just drop us a line.

What I'd like to do, though, is focus on that last paragraph. For a long time, Health Reimbursement Arrangements (HRAs) were a valuable tool for employers to help their employees fund health care and insurance. Sadly, The ObamaTax largely outlawed the practice (unless coupled with a compliant group health insurance plan), which is ironic, but it it what it is. What SB 3060 seems to do is to put HRAs back in our metaphorical toolbox, allowing employers to once again offer their employees the choice of either staying on the group plan (one-size-fits-a-few) or opting for an individual plan that may more closely reflect their needs and budget.

Steve also points out that this could create a problem regarding Special Open Enrollment:  unilaterally dropping off the group plan isn't a Special Open Enrollment trigger. Something to consider.


Now, how likely is it that this will pass? Who knows, but the folks I spoke (including our friends at FlexBank) with are skeptical. Still, hope springs eternal, and perhaps this is just the first volley.


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Thursday, 22 September 2016

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Our good friend Louise Norris, co-proprietor (along with her husband Jay) of the Colorado Health Insurance Insider blog hosts this week's round-up of health care wonkery. And it's extra special because they're celebrating the blog's 10 year anniversary [ed: newbies! 😃].

And Louise does her usual outstanding job with this 'Review, adding helpful context to the links.

Kudos, and Congratulations, Louise!


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Wednesday, 21 September 2016

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So the most recent conventional wisdom holds that ObamaCare has reduced the number of uninsured by half:

"Obamacare pushes nation's health uninsured rate to record low 8.6 percent"

Which would be a great start, were it true.

Here's why it's not:

The article's baseline is that, in 2010, 48.6% of Americans were uninsured (which was always bogus, of course, but for the sake of argument we'll go with that percentage). That is, there are 21 million fewer "uninsured" folks than there were in 2010. The problem is that 15 million of those folks are not insured, they're on Medicaid, meaning that only about 6 million people (net) are newly insured. By the way, I'm not parsing words when I say that Medicaid isn't insurance, it's income redistribution.

So what proponents are *realy* saying is that almost twice as many people are now on the Medicaid rolls as bought actual health insurance.

#Winning!

[Hat Tip: David Williams]


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Tuesday, 20 September 2016

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DI being, of course, disability income insurance. My industry isn't well-known for frequent innovations, so when I saw this in email, my curiosity was piqued:

"Guardian challenges Individual Disability Income Insurance industry with unique features for physicians"

Physicians, like pretty much all wage earners, depend on those wages to pay for things like food and shelter, cars and clothes, and all the rest. And it's not like this niche has gone under-served: along with lawyers and accountants, white collar-focused carriers have long since targeted these typically high-end clients.

So what could Guardian have possibly come up with to merit such a breathless headline?

I looked through the email, and a couple items caught my eye:

1 - Enhanced True Own-Occupation Protection means more ways to qualify for benefits

Own-occ has long been the gold standard for high-end DI plans. Briefly, it means the inability to perform the majority of the duties that they one's been trained to perform. Now, this is just a baseline definition, and carriers usually tweak them to make their product more attractive. Any wording that makes it easier to access benefits, as this rider purports to do, has to be a plus.

2 - Option to protect student loan debt payments.

This is truly cool, and exclusive to Guardian. I really like programs like this; when carriers think "outside-the-bun" (as with MassMutual's RetireGuard) it makes me smile. Think about it: if your income stream is cut off, how are you paying off your student loan(s)? If you're a doctor or lawyer (for example), you're likely paying off both undergraduate and graduate schools.

There are other interesting provisions, as well, including coverage for hospice care.

Kudos to Guardian.

[Hat Tip: Adrianna Webster]


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Monday, 19 September 2016

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On Twitter, a friend of mine asked if damage from bombings such as the one in Chelsea would be covered by one's homeowners or auto insurance. We've blogged before on how commercial (business) insurance policies handle terror-related claims, but this is a very different question.

For example, in this latest incident, condo and car windows were shattered, and it seems possible (likely) that there was damage to nearby residences and vehicles from the tremendous heat and flying debris. So, would these claims be covered?

As I do any time auto or homeowners insurance comes up, I turned to my P&C guru Bill M, who tells me that:

Homeowners and auto policies will include an exclusion for "war or acts of war, declared or undeclared" and the like. But terrorism isn't war, so it's likely covered by both, absent some (unusual) specific exclusion.

Which makes sense. So I asked him if that was something that we'd be seeing soon. Bill doesn't think so, as it would be against public policy, and there's also the question of "frequency of occurrence;" that is, we have a lot more tornadoes and hailstorms (for example) than bona fide terrorist actions [ed: knock wood].

As always, consult your own policy and agent for specific answers about your policy.

[Hat Tip: @tsrblke]


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Friday, 16 September 2016

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So for several months, I've been following up on a referral. Susie is a friend-of-a-friend, and came to me for some life insurance quotes. We discussed her needs, did a pre-screen, and I got her some quotes. This was by no means a remarkable case - no huge numbers or unusual underwriting challenges - but the outcome illustrates why we have things like Life Insurance Awareness Month.

After sending her a few monthly follow-up nags reminders, I got this in email this morning:

"Thanks for all your follow ups Henry.  We have decided not to get life insurance for me per our financial advisor."

Because I'm terrible at high pressure tactics, and out of respect for my friend (the referrer), I elected not to send this response:

Hi Susie!

Thanks for your reply. I think it's remarkably generous that your Financial Planner has offered to replace your income, pay off your mortgage, and finance your kids' education when you shuffle off this mortal coil.

You did get his signed promise to do so, right?

After all, he has a fiduciary responsibility (even further enhanced by recent DOL reg's) to you, and advising you to self-insure instead of shifting that risk off to an insurance company, it's only right that he accept responsibility for that advice.

Be well
.


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So it appears that my prediction that North Carolina's Blue Cross affiliate would skate on that penny-ante huge fine may have been premature. FoIB Jeff M tips us that:

"The N.C. Department of Insurance has levied a record $3.6 million fine against Blue Cross and Blue Shield of North Carolina for widespread problems that led to billing and enrollment errors"

Which seems significant, until we translate it to real-world terminology:

"The N.C. Department of Insurance has levied a record $3.6 million tax on Blue Cross and Blue Shield of North Carolina insureds."

That's because, as long-time readers know, companies don't pay these fines: their policyholders do. Every penny of that fine will now be passed along to the Blues' insureds in the form of higher rates.

Jeff also points out that the carrier will have no problem fronting the cash, "since they've not paid commissions since April, the money is there to pay the fine...and a whole lot more."

Heh.


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Thursday, 15 September 2016

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It's been a while since we've checked in on the health "care" system of our Neighbors to the North©. It appears that things haven't improved. Take, for instance, the case of Stefan Molyneux:

Here's his story:



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Co-blogger Patrick has written quite a bit about the challenges that carriers face regarding the overly generous 90 day grace period enjoyed by folks who buy their ObamaPlans on the Exchange.

Now, some 4 years since they first opened for business on that platform, carriers are beginning to realize just how dangerous that game of chicken has been.

For them:

"They are using [health insurance] until they need it and then when they don't need it, they get rid of it"

That's Patrick, as quoted in this morning's US News online edition, where he and FoIB Louise Norris share some interspersing, disturbing insights.

Recommended.


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Wednesday, 14 September 2016

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Obamacare supporters need to stop giving Marco Rubio credit for the splinter he wedged into Obamacare's fingertip. The splinter is the language Rubio inserted into the 2014 CRomnibus that made Obamacare risk corridor payments budget neutral.

When Obamacare passed, the risk corridor provision - which is a temporary program - was written with very vague language. The program existed but didn't specify where funding was coming from. Theoretically it was going to come from a combination of the profitable insurers and the federal government sending payments to insurers who suffered losses.

Because there was a chance of government funding, the GOP called out risk corridors as a bailout for insurers. To combat the political gamesmanship, the Obama Administration pushed a narrative that the program would pay for itself and pointed to an April 2014 CBO document stating the budget neutrality position.

Based on the CBO numbers, Senator Rubio's risk corridor language shouldn't have been an issue. But like many CBO reports, the actual results are a far cry from their rosy projections. In 2014, risk corridors paid out roughly 13% of what they were supposed to. CMS just released preliminary data for 2015 and have made it clear that they will have another shortfall this year. All of this is resulting in pundits and politicians calling the GOP the devil or heroes.

Unfortunately they've got it all wrong. Marco Rubio inserting language into a budget amendment didn't make the legislation pass. That would come from all of the brains in DC who vote on the bills. It also comes from a Presidential signature making the bill become a law.

In CRomnibus, its not about what Rubio did. It's about the bipartisan approval (57 Democrats in the house and 25 Democrats in the senate) that voted in favor of the bill. And let's not forget President Obama who signed it into law.

These are the elected officials who put risk corridors in jeopardy. They are the ones who should be given credit.

Sorry Marco.

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If you, or a loved one, is on the autism scale, you need to be very afraid of ObamaCare's ultimate goal of Single Payer.

Why is that, you ask?

Here's why:

"The euthanasia of Nancy Fitzmaurice, a severely disabled child who was not dying, has made international waves ... Nancy’s mother had requested that her daughter be killed and was granted approval by the British legal system."

As we've mentioned before, "who pays the piper calls the tune." And while this may the most egregious example of that we've seen, even by the standards of the Much Vaunted National Health System©, it's absolutely how Single Payer works, how it has to work. And of course, little Nancy's only advocate was the one who petitioned for this outcome.

When an unelected, unaccountable Star Chamber is given free rein to make these kinds of life-and-death decisions, and when the cost of life becomes the value of it, well, that's what we're headed for here.

Now, some would argue that this isn't about the MVNHS©, per se; that it's about the British legal system. And they'd be right - up to a point. That point is that regardless of the agency which murdered this little girl, it was the state that ordered it done.

Be careful what you wish for.

[Hat Tip: C. C. Pecknold]


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Tuesday, 13 September 2016

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As we've noted previously, the Marketplace seems to have a problem keeping out the riff-raff:

"[F]ederal watchdog office did set up 10 phony insurance coverage accounts with no pushback from those overseeing the applications."

That was a year ago, and we're happy to report that there's been a 50% improvement in those numbers:

"Investigators got coverage approval for 15 out of 15 fake people this year"

Okay, I suppose that depends on one's definition of "improvement."

The GAO was apparently unable to make premium payments for three of these "people," which I suppose is reason for celebration, although where those funds would have come from (and where they did originate for the 80% of those who successfully ponied up) remains a mystery.

On the gripping hand, I am pleased to report that none of these "insureds" racked up more than $10,000 in medical expenses.

That we're aware of.


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Six years after the passage of Obamacare. Two years into the full Obamacare version. What happened?

Where to begin?

Became law without a single Republican vote. Barely survived Supreme Court challenge by a 5 - 4 decision. Several health insurance carriers dropped out of the market before the official January, 2014 rollout. Failed $600 million website that still isn't secure and is semi-functional. Health insurance carrier losses in the millions and most of the few remaining carriers are considering dropping out of Obamacare for 2017. Every health insurance co-op created by Obamacare has either failed or is failing.

By almost every measure, Obamacare is a complete failure.

So what does Mr. Lame Duck do?
Obama dropped by a meeting with Secretary of Health and Human Services Sylvia Burwell and 13 health insurance CEOs, including the CEOs of Humana and Cigna, to emphasize the need to work together on the ACA's public marketplaces. 
In addition to the meeting, Obama sent a letter to the CEO of every health insurance company participating in the exchanges asking for help improving them. - Business Insider

The horses are out of the barn. Time to hit the reset button.
"And since the remaining uninsured are disproportionately younger and healthier, signing them up improves the risk pool and consequently the affordability of coverage for all enrollees.
After 6 years of telling carriers how they got everything wrong he now wants their help to fix his mess.

Open enrollment for the 2017 year starts in 6 weeks. This gives "Hail Mary" an entirely new meaning.

#ObamacareFail

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Monday, 12 September 2016

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Oops:

"The [New Jersey] state Department of Banking and Insurance moved Monday to take over Health Republic — known as a consumer-operated and –oriented, or COOP, plan — because of its “hazardous financial condition.”

As with Ohio's own InHealth, and most of the other Co-Ops, the numbers just didn't add up. and the carrier has been forced to fold.

Just in time for Open Enrollment v4.0.

And the timing couldn't be better (for certain values of "better"): when this happens, policyholders are generally eligible for a Special Open Enrollment. Which means they'll be looking for new plans over the coming weeks, and then new new ones a few weeks later. Oh, and looking at three - yes three - deductibles to be met in a year's time.

Yippee!


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One of the most pernicious claims made by President Obama (and his surrogates) has been the promise that "if you like your current insurance, you can keep it." No rational person ever actually bought that, but it made a great sound-bite (or 3,000). As we all know, with each passing year we're been offered fewer and fewer choices, and very few people have been able to actually keep their plans.

Folks in the Tar Heel State have even fewer choices coming up in November:

"Most in N.C. will have one Obamacare option in 2017"

And to no one's real surprise, that carrier is ... Blue Cross/Blue Shield. Yes, that Blue Cross:

"The N.C. Department of Insurance announced Monday it will broaden its investigation into Blue Cross and Blue Shield of North Carolina, citing “disagreements” with the insurer."

Looks like that particular endeavor is about to hit the trash bin of history.

[Hat Tip: FoIB Jeff M]


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FoIB (and gaming entrepreneur) Fat Dragon Games has just fired up they're latest KickStarter, and it's a doozy:

"The DRAGONLOCK™ terrain system for 3D printers allows you to create modular interlocking buildings of your own design."

Pairing the incredible opportunities of newly-affordable 3d printers (I've been assured that really good ones can be had for less than $400) with over 20 years of terrain design experience means tremendous value, and some really good fun.

Click here to get in on the ground floor.


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I suppose it is a function of age, but I tire of the people that whine about how they DESERVE this or DESERVE that. They utter the word with such passion that the casual listener may actually believe these people have worked hard or contributed something of value, therefore they are ENTITLED to something in exchange.

Unfortunately, many of those who say they DESERVE "free" healthcare, or are ENTITLED to "free" healthcare have done nothing to EARN "free" healthcare.

And so it goes with the residents of Great Britain who have been told for years they are ENTITLED to free and unfettered access to health care.

Now, just like the venerable London Bridge, the National Health Service is falling down, falling down, falling down.

Years of underfunding have left the service facing such “impossible” demands that without urgent extra investment in November’s autumn statement it will have to cut staff, bring in charges or introduce “draconian rationing” of treatment - The Guardian

But what about the promise of free health care?

Sorry Virginia, there is no Santa Claus.

“The government must be honest with the public about what the NHS can deliver with the funding it has been given. It is simply not realistic to expect hard-pressed staff to deliver new commitments like seven-day services while also meeting waiting-time targets and reducing financial deficits.”

Honesty in government. What a novel idea.

If only we had that here in the states there might not be so many people that wanted a health care system like everyone else.

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Friday, 9 September 2016

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When I was a kid and someone told me I couldn't do this or that, I was more determined than ever to prove them wrong.

Apparently some Democrats never learned that lesson.

Except for those living under a rock, everyone should know that Obamacare is collapsing and carriers are dropping out of the market on a weekly basis. Unlike the federal government (that has no idea what a balance sheet is), private industry continues to operate until they can no longer stand to lose money.

Health insurance carriers have been taking it in the shorts since Obamacare became law and lately most of them have had enough and are leaving the market in droves.

Enter the extreme left wing of the Democrat party, wagging their fingers, and saying "You can't do that".

Senators Sanders, Warren, Markey, Brown and Nelson are demanding an explanation for Aetna's planned withdrawal from several Obamacare markets.

“We are particularly troubled that Aetna’s decision to leave the ACA exchanges appears to have been motivated by the Justice Department’s decision to challenge Aetna’s proposed $37 billion merger with Humana — a deal that the Justice Department and many experts predicted would harm competition in the health insurance market and negatively impact the cost and quality of health care. Aetna could not have been surprised at the concerns raised by regulators about this merger.” - Benefits Pro

For those who need a translation ..........

Aetna was willing to play in the Obamacare pool earlier in the year when they thought they would broaden their base and have access to Humana policyholders. In May of this year Aetna (and other carriers) were still assessing the cost of Obamacare and thought the markets would be robust with other carriers sharing the weight of Obamacare losses.

Since then, the red ink has grown more red and some carriers have said enough is enough and are going home.

But idiots in DC that have never had a job in the real world and have no idea how commerce and risk management really work are demanding Aetna to justify a perfectly logical business decision.

Somewhere a village is missing their idiot.

You can find them in DC.

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Thursday, 8 September 2016

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This week's Health Wonk Review is hosted by David Williams at Health Business Blog.  

Do check it out, no library card required!!  You'll be glad you did.   



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If smoking could ever be considered sexy, no one did it better than Bogey. The white dinner jacket. Punctuating his lines in Casablanca with a drag on his cigarette.

The movie just would not have been the same with an e-cig in his hand.

E-cigarettes appeared on the market a few years ago as a "safe" alternative to regular cigarettes. The pitch was, you are just inhaling and exhaling water vapor, not smoke. The smoke was what damaged your lungs.

Some of us are old enough to remember commercials on TV where doctors in white coats extolled the virtue of menthol cigarettes that are good for your lungs.

Are e-cigs and water pipes a safe alternative for those who want to inhale?

The FDA doesn't think so.

What does the FDA deeming rule cover?

So glad you asked. In addition to tobacco, products derived from tobacco, and devices used with tobacco the FDA now has dominion over the following.


  • E-liquids
  • A glass or plastic vial container of e-liquid
  • Cartridges
  • Atomizers
  • Certain batteries
  • Cartomizers and clearomizers
  • Digital display or lights to adjust settings
  • Tank systems
  • Drip tips
  • Flavorings for ENDS
  • Programmable software



Programmable software?


What are ENDS?

The government must use acronyms. It's in their DNA.

ENDS are Electronic Nicotine Delivery Systems.

Aren't you glad you asked? 


And the FDA has given themselves permission to oversee all phases of production and distribution.

If you make, modify, mix, manufacture, fabricate, assemble, process, label, repack, relabel, or import ENDS, you must comply with these requirements for manufacturers.

And small businesses catch a break.

They still have to comply with all this bullshit, but they can take a little longer to implement.

If you really want to get into the weeds on this, take a look at the 150+ page report on Deeming Rules.

Two years ago it was only 84 pages.

All of this makes me want to have a drink. Better do it soon before that is outlawed as well.

Where would the Grateful Dead be today with lyrics that say "Don't Bogart that vape, my friend. Pass it over to me"?




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News broke of Blue Cross Blue Shield of Arizona remaining in the marketplace in Pinal County, Arizona late on Wednesday. Obamacare supporters will rejoice with a thunderous round of applause to the insurance company and positive vibes about how tax credits will keep costs low. But the folks in Pinal County have little to get excited about.

In 2016 residents of Pinal County had two insurers to choose from. The previously mentioned BCBS and United Health Care. UHC offered ten insurance options including Gold, Silver, and Bronze plans. All ten were PPO plans that included a more robust provider directory. With UHC exiting the market those are gone.

BCBS offered five plans. Two Silver plans and three Bronze plans. The lowest deductible with their plans is $2750 for single coverage. The two Silver plans were the highest and 3rd highest cost silver options available which should make them less appealing to shoppers. But the limited number of plans isn't the worst of Pinal County's concerns.

Cost is the number one driver for purchasers of insurance, which makes the accompanying statement from BCBS even more concerning. In their announcement to remain in the marketplace, their Senior VP of  sales, strategy and marketing, Jeff Stelnik, said premiums will increase by 51%. 

Obamacare is working for you Pinal County residents. You have an option. You have choices in that option
. Be grateful for what you have. Because unless we eliminate this train wreck of a law the next time government talks about "health care reform" it will be for single payer.

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Wednesday, 7 September 2016

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Only special people can buy Obamacare health insurance outside of open enrollment. So if you think you are special, you are now going to have to prove it.

Scamming the Obamacare system could soon get even harder.

Federal health regulators on Tuesday said they plan to screen at least some people who apply for Obamacare health insurance coverage on HealthCare.gov during so-called special enrollment periods in 2017 to verify their eligibility first. - CNBC

In the past you could sneak in without challenge. Game the system in hopes you did not get caught.

Now you will have to prove you are legally entitled to health insurance.

What a novel idea. Why didn't we think of that before?

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In the early 1600's American Indians introduced early European settlers to a local crop called tobacco.  The product soon became popular as a trade item and tobacco shops sprang up over Europe. Because the general population was illiterate stores used wooden Indians, generally placed outside the shops, to attract customers.

Early forms of tobacco were too harsh to smoke directly so they were smoked in a pipe or bong (water pipe). Later strains of Virginia and burley tobacco were light enough to be enjoyed directly when rolled into a cigar or cigarette.

In the 1970s, Brown & Williamson cross-bred a strain of tobacco to produce Y1. This strain of tobacco contained an unusually high amount of nicotine, nearly doubling its content from 3.2-3.5% to 6.5%. In the 1990s, this prompted the Food and Drug Administration to use this strain as evidence that tobacco companies were intentionally manipulating the nicotine content of cigarettes. - Wikipedia

Since the year 2000 the FDA has increased its' stranglehold on the tobacco industry, by issuing one new regulation after another in an attempt to cripple the industry.

In May of 2016 the FDA issued regulations under its' "deeming" rule which is a broad way of saying anything they deem to be a tobacco product now comes under their jurisdiction.

If you wish, you may view this in the same vein as the Obamacare medical device tax. Under the guise of making health care affordable the Obamacare laws assess a 2.3% tax on medical devices. The tax is levied at the wholesale level which is then passed on to consumers in the form of higher health care costs. Higher health care costs means higher insurance premiums so the consumer has a double dose of taxes.

The deeming rule is all encompassing, impacting almost every form of tobacco, products used to consume tobacco, people who manufacture tobacco products, those who sell tobacco products .........

This 500 page law threatens the premium cigar industry in much the same way as the 1991 luxury tax on expensive boats that essentially killed the yacht industry in Florida.

Now, instead of boats the FDA wants to drive small "premium" cigar makers and retailers out of business.

“By their own appraisal, their new regulations would wipe out somewhere between 10 and 50 percent of these products as it will not be cost effective to put many of the products through review,” writes the Tax Foundation’s Scott Drenkard.

“The premium cigar industry is composed of some big players, but also many smaller businesses and boutique brands, many of which will likely go by the wayside,” Drenkard added. 

I think there is some likelihood that the dearth of options in the new regulated American cigar market turns more consumers over to black market sales on the internet, specifically international sales of smuggled Cuban cigars. The irony of American consumers turning to a communist country for more market choices is, of course, hard to miss.- Daily Caller

In much the same way that Florida was once home to a thriving luxury boat industry, the Everglade state is also home to some of the best premium cigars produced in this country.

There are those who still debate whether or not Obamacare was designed to crush the health insurance industry into oblivion. That same argument will now be made concerning the FDA and the cigar industry.

As Emille Mustafa puffed a plume of smoke into the air and it disappeared, she worried her family cigar business may soon fade away, too.

Costly new federal rules for cigars, electronic cigarettes and other smoking products that had been relatively unregulated could snuff out small cigar makers such as Córdoba & Morales, a Casselberry operation owned by Mustafa and her Cuban-born husband, Azarias Mustafa Córdoba.

If the rules go into effect, "it would put us out of business," she said of their company, launched five years ago. - Orlando Sentinel

If you like what Obamacare has done to your ability to keep your doctor and lower your health insurance premiums, you are going to love the new and improved FDA deeming rules on tobacco products.

Should a gentleman offer a lady a Tiparillo?

Only if the FDA doesn't object.

Is anything beyond the reach of the FDA? What about those e-cigarettes?

Stay tuned.

#FDAdeemingrules  #Cigars









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Tuesday, 6 September 2016

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Premium cigars, and the people who make them, may be going the way of the health insurance agent. DC has decided to extend regulatory oversight of the tobacco industry in a way that will significantly impact many aspects and effectively drive many small business owners to close their doors.

Under the guise of paternalism, the federal government claims they are looking after the welfare of the citizenry.

The true goal is an attempt to raise taxes incognito and create another windfall for the bureaucracy. It is quite possible the opposite will occur and tax collections will be negatively impacted or neutral.

Let me say this post is not a personal vendetta. I don't use tobacco of any kind and have no horses in this race. While this is a non-insurance post on an insurance website, this venue has also covered topics relating to government overreach, especially when it comes to Obamacare.

First, a bit of history for background purposes.

In 2000 the U.S. Supreme Court ruled in favor of Brown & Williamson's suit against the FDA. The decision handed down by the high court essentially said the FDA did not have regulatory authority over tobacco.

Within weeks of this ruling, FDA revokes its final rule, issued in 1996, that restricted the sale and distribution of cigarettes and smokeless tobacco products to children and adolescents, and that determined that cigarettes and smokeless tobacco products are combination products consisting of a drug (nicotine) and device components intended to deliver nicotine to the body. - FDA

I am not a lawyer but it seems as if the FDA thumbed their nose at SCOTUS and used a fallback position to circumvent the ruling and do what they wanted anyway.

And more overreach was to follow.

President Obama signs the Family Smoking Prevention and Tobacco Control Act into law.  The Tobacco Control Act gives FDA authority to regulate the manufacture, distribution, and marketing of tobacco products to protect public health.

FDA Center for Tobacco Products established.

FDA announced a ban on cigarettes with flavors characterizing fruit, candy, or clove.

As far as we know the president never gave up his promise to quit smoking.

He also promised to make health care affordable for everyone.

In May of 2016 the nicotine police took steps to expand their territory per this article from Reason.

Although yesterday's announcement that the Food and Drug Administration (FDA) will start regulating e-cigarettes is getting the most attention—Reason’s Jacob Sullum explains why this is awful news for vapers—the agency’s new deeming regulations also have huge implications for the cigar industry.

The threat of FDA restrictions have loomed over the cigar business ever since the FDA took control over cigarettes; yesterday morning, the other shoe finally dropped.

The worst fear of cigar manufacturers and smokers alike has been that the FDA will impose the same onerous pre-market review requirements on cigars that it currently places on cigarettes.

The progression so far has been to regulate and restrict the sale of tobacco products in any form but has also opted to tell the tobacco industry how they can and cannot design their product. By banning flavored tobacco DC has shown the same disregard for industry that Obamacare did by deciding the type of product the health insurance industry can and cannot offer their customers.

Candy flavors in tobacco are restricted but menthol is apparently not a flavor. At least at that point rum flavored cigars as well as "sweet" flavored tobacco used in pipes (Cherry Blend) and cigars (Swisher Sweets) are allowed as long as children are not around.

One of my uncles was a pipe smoker and I loved to be around him when he enjoyed his evening puffs of Cherry Blend tobacco.

Of course I also rode in cars that didn't have seat belts and fearlessly rode my bike without a helmet.

More on the march of the tobacco Nazi's in a later post.


#TobaccoRegulation #Obamacare #FDA



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Friday, 2 September 2016

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As we noted a week ago, some Grand Canyon State citizens are going to have a problem this November:

"People in Pinal County are at risk of a health insurance problem that hasn't happened anywhere else in the country: no companies offering marketplace health insurance"

Turns out, Aetna was the sole remaining carrier on that state's Exchange, and they've bailed. That means that, if you live in Pinal County (home of the Boyce Thompson Arboretum) and you want to buy health insurance, you'll have to buy if off the Exchange.

Which also means you get to pay full-freight: no subsidies for off-Exchange plans.

And that most likely means you'll be faced with plans that are unaffordable. No problem: the ObamaTax makes provision for such circumstances, and offers an exemption for folks who can't afford premiums.

Except there's a pretty significant, but under-the-radar, catch: this exemption won't be available to the folks in Pinal County.

Why not?

Well, as FoIB Michael Cannon explains, "[t]he unaffordability exemption applies only if “the annual premium for the lowest cost bronze plan available in the individual market through the Exchange” is unaffordable." But there are **no** plans on the Exchange.

See the problem?

Read the whole thing, you'll be glad (and/or furious) that you did.


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Thursday, 1 September 2016

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If you want to understand why your rates keep going up, you can lay a big chunk of the blame on items like this (in email from Medical Mutual this morning):

"To be compliant with the non-discrimination rule outlined in the Affordable Care Act (section 1557), we will remove broad exclusions for gender transition treatment"

Let's dial back a bit, and talk about why this is so stupid. In the earliest days of this blog, we participated in a discussion with other bloggers about medical necessity and In Vitro Fertilization (IVF). We averred that:

"[A]ccording to the standard industry definition, “medical necessity refers to treatment which is required to treat or care for symptoms of an illness or injury or to diagnose an illness or condition that is harmful to life or health.” Thus, we see that IVF fails to meet the threshold of “medical necessity,” ergo it should not be covered by insurance."

That is, no one has ever died because they couldn't/didn't get pregnant. Likewise, there is no evidence that anyone has ever died because they didn't get their personal bits chopped and/or replaced (excluding obviously medical issues like cervical or breast cancer and the like). There is, however, ample evidence that these folks are at much higher risk for attempting suicide (which would then require medical treatment in the most expensive part of the hospital).

So when insurers are forced to pay for non-medically necessary procedures, that cost is going to be passed along in the form of higher insurance premiums. Now, am I blaming Medical Mutual for this change? Of course not, they're simply following directives sent down from Our Betters in DC©.

What choice do they (or any other carrier) have?

It's not rocket surgery, after all.


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This never gets old:



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