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On Monday the first court ruling, since President Obama signed it in March, was filed against the health care overhaul invalidating part of the act. Henry E. Hudson, a Virginia judge appointed by President George W. Bush, ruled that the keystone provision in the Obama health care law is unconstitutional. Judge Hudson issued a 42-page ruling stating the law’s requirement to have insurance is not under the authority granted to Congress under the Commerce Clause; and, that allowing Congress to have such authority "would invite unbridled exercise of federal police powers.” The health care law’s mission to require the 30 million who are currently uninsured be insured and stating that requiring those healthy individuals to pay for insurance will help cover the cost of those with pricy medical conditions. He reasons that the law requiring car insurance is different because no one is required to have a car, only required to have insurance if they choose to have one. Hudson is the third district court judge to determine the merits of the two dozen lawsuits challenging the health care law; the other two judges upheld the law and are currently in appeals. This leads critics to wonder if the lawsuits are as much as political assault as a constitutional. If not deemed authorized under the Commerce Clause, Congress could also use the taxation powers granted by the Constitution to justify requiring insurance, assessing it as an income tax penalty With the health care laws set to begin in 2014, Republicans are calling to slow down the implementation. Judge Henry Hudson is also known for sentencing the NFL quarterback Michael Vick to 23 months in jail for his involvement in a dog fighting ring.
Bonus Pre-Test for ACOs
The Centers for Medicare and Medicare Services (CMS) reported that half of the ten physical groups testing the Medicare bonus plan for quality and spending control earned money for the fourth year in a five-year experiment. This bonus plan is a pre-test for accountable care organizations (ACOs) which will start in 2012 under the health care reform law. In order to earn a bonus, doctors must cut spending by 2% after that the physician groups may claim up to 80% of savings up to 5% and Medicare keeps the rest. The American Hospital Association urges ACOs to be more lenient with their requirements, since only half of the groups received bonuses. ACO regulations are expected to be released in January with one of the physician groups describe the bonus plan as a "valuable learning experience.” The CMS hoping to include these 10 physician groups in the Medicare ACO under health care reform.
Woodmen of the World Plan N Released in Ohio
Effective December 15, 2010 Woodmen of the World Plan N is available in Ohio – please see the Ohio Notification and Ohio Rates or call 1-800-998-7715 to get contracted.
Forethought Medicare Supplement Filed in GA, MN, NE, NV, ND, SD, and TN
Forethought Medicare Supplement is pleased to announce its expansion to the following states: Georgia, Minnesota, Nebraska, Nevada, North Dakota, South Dakota, and Tennessee. Also, Forethought is currently available in 11 states, including Iowa, Indiana, Kentucky, Louisiana, Mississippi, North Carolina, Ohio, South Carolina, Texas, and West Virginia. Contact PSM now to add this great product to your senior portfolio.
Happy Holidays
From all of us at Precision Senior Marketing we want to wish all of our agents the happiest of holiday seasons. PSM will be closed both Friday, December 24, 2010 and Friday, December 31, 2010. Thus, our blog with the latest senior market insurance industry news will resume January 7, 2011.
Here’s to a prosperous partnership in 2011!
Sources: KHN, The New York Times, Wall Street Journal, ModernHealthCare
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