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Highest Court Upholds Healthcare Law |
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Greetings!
In an Obama Triumph, a 5-4 ruling based on the power of Congress to impose taxes, the nation's highest court preserved the law's "individual mandate" requiring that most Americans obtain health insurance by 2014 or pay a tax. The justices also preserved, with some changes, a provision of the law expanding the Medicaid health insurance program for the poor.
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June 28, 2012 - The United States Supreme Court announced its decisions on the four interrelated issues that made up the constitutional challenge to the Patient Protection and Affordable Care Act. The court has decided the individual mandate is a tax and thereby constitutional, and that the Medicaid expansion is also legal, although its provisions were limited. The entire measure stands as is except that the federal government's power to terminate states' Medicaid funds has been reduced. For purposes of implementation, virtually all of the law and all resulting regulations and deadlines proceed as scheduled. The only part of the law that will change has to do with the level of funds states may receive based on choices they make relative to their Medicaid programs.
With regard to the constitutionality of the individual mandate, the Justices voted 5 to 4 that Congress was within its authority to require that all Americans have health insurance coverage using its power of taxation. Justices Roberts, Ginsberg, Breyer, Sotomayor and Kagan voted to uphold the mandate. Justices Kennedy, Scalia, Alito and Thomas opposed the decision. The court also ruled that PPACA may allow states to expand their Medicaid programs. However, in the majority opinion, the Justices made it clear that if states do not want to participate in the PPACA expansion of Medicaid, they can continue to receive their existing level of funding for the rest of the program.
Since the Court voted to uphold the individual mandate and Medicaid expansion provisions of the law, the question of whether or not these provisions of the law are severable is moot. The majority opinion also made it clear that the federal Anti-Injunction Act does not apply because the label "tax" is not controlling.
While we know that many of you may not agree with this decision, we must respect the actions of our nation's highest court and move forward. This decision gives us a degree of closure and direction about PPACA's future and will help guide our policy focus in the years to come.
TACT - Dedicated Insurance Professionals
you know and trust...like Family.
Sincerely,
Stoney Jackson
Executive Director
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America's Health Insurance Plans' Reacts to Ruling
Washington, D.C., June 28, 2012 - America's Health Insurance Plans' (AHIP) President and CEO Karen Ignagni today released the following statement on the Supreme Court ruling: "Individuals and families need secure, affordable coverage choices. Maintaining the link between market reforms and universal coverage is essential to avoiding significant cost increases and loss of choice for consumers and employers."
She continued, ""As the reform law is implemented, health plans will continue to focus on promoting affordability and peace of mind for their beneficiaries. The law expands coverage to millions of Americans, a goal health plans have long supported, but major provisions, such as the premium tax, will have the unintended consequences of raising costs and disrupting coverage unless they are addressed.
"Health plans will continue to work with policymakers on both sides of the aisle to make coverage more affordable, give families and employers peace of mind, and promote choice and competition. Health plans also will continue to lead efforts to reform the payment and delivery system to promote prevention and wellness, help patients and physicians manage chronic disease, and reward quality care."
What Does This Mean For You?
Cost Impact of Other ACA Provisions The health care reform law includes a number of provisions that will increase the cost of health care coverage:
According to a technical analysis by Oliver Wyman, the new health insurance tax "will increase premiums in the insured market on average by 1.9% to 2.3% in 2014," and by 2023 "will increase premiums 2.8% to 3.7%." Between 2014 and 2019, the total amount assessed will be at least $73 billion.
According an Urban Institute study in Health Affairs, "eliminating age rating in the small-group and individual markets increases individual premiums for single policyholders ages 18-34 by $1,400, from $3,600 to $5,000, and for single policyholders ages 35-44 by $800, from $4,200 to $5,000."
Robert Samuelson recently wrote "The ACA [forces] some young Americans to buy insurance at artificially high premiums that would pay for the care of a sicker, older population."
The minimum essential health benefits requirement will result in less affordable coverage for individuals, families and small employers by forcing them to "buy up" and purchase more coverage than they may want or need.
Health Plans are Improving Value for Consumers Health plans are leading the way on delivery system reform and investing in quality-improving initiatives to ensure consumers are getting the best value for their health care dollars, including:
- Coordinating care for patients with multiple chronic conditions;
- Ensuring patients get appropriate follow-up care after a hospital discharge to avoid unnecessary complications and preventable hospital readmissions;
- Offering disease management programs to help patients manage chronic disease, including online resources, medication reminders, and access to 24/hour nurse hotlines;
- Partnering with providers to change payment models to move away from the outdated fee-for-service system to one that rewards value, quality, and better health outcomes;
- Providing patients with information on quality, safety, and cost so they can make more informed health care decisions; and
- Incentivizing patients to get preventive care, participate in wellness programs, and choose healthy lifestyles.
Courtesy - Robert Zirkelbach Spokesman Vice President, Strategic Communications America's Health Insurance Plans
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Industry Insights
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policy News -
affecting you
Quorum Report Released
By: John Reynolds
The Supreme Court's ruling is a clear, unambiguous and complete victory for long-overdue healthcare reform. It sends an unmistakeable message that the building of a better, fairer healthcare system will continue to move forward," said Ron Pollack of Families USA.
"Implementing health reform will provide peace of mind for our families - the peace of mind tht only comes when our loved ones are sure to receive the health care they need when they need it."
Critics of the law indicate that they intend to make the November elections a referendum on the Supreme Court's ruling. If Republicans are successful in regaining the Senate and the White House, a move to repeal the ACA would be almost assured.
"The Supreme Court made it clear that the American people will be the ultimate judge of the ObamaCare," said U.S. Senator John Cornyn of Texas.
However, "We must replace it with reforms that expand access and enhance care without adding trillions of dollars to the national debt and inserting Washington bureaucrats between Americans and their doctors."
"It is dissapointing that the U.S. Supreme Court has upheld the ACA, especially as it pertains to the individual mandate," said Bill Hammond of the Texas Association of Business. "The business community has always been very concerned about the cost of the law, the economic effect it will have on the country when fully implemented and the effect on employees trying to navigate a complicated and confusing system.
"Unless Congress takes action to replace this plan with something that is more workable, we will see many jobs lost and many businesses that offer insurance to their employees now will drop that coverage. Congress shouldn't be allowed to dictate the day to day lives of Americans and of business, and that's what this ruling allows. There is still time for Congress to fix this before full implementation in 2014 and we will be working to make sure that happens."
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policy highlights News -
Courtesy Reuters, click here for more information
As the ruling was announced President Obama said in response, "We will continue to implement this law and we'll work together to improve on it."
"What we won't do - what the country can't afford to do - is re-fight the political battles of two years ago or go back to the way things were. With today's announcement, it's time for us to move forward," Obama added.
The healthcare law, known formally as the Patient Protection and Affordable Care Act, is the biggest overhaul of the $2.6 trillion healthcare system in about 50 years. It was signed by Obama in March 2010 and promptly put to the test in the courts by 26 of the 50 states and a trade group for small businesses.
The court's decision largely vindicates Obama and Democratic lawmakers in their attempt to fix a system that, while representing 18 percent of the economy, leaves 16 percent of Americans uninsured, a fact that sets the United States apart in the industrialized world.
The U.S. system, unlike other rich countries, is a patchwork of private insurance and restrictive government programs. The United States pays more for healthcare than any other country, but about 50 million of the roughly 310 million Americans still have no insurance at all.
The Obama law was meant to bring coverage to more than 30 million of the uninsured and slow soaring medical costs.
'CHARACTERIZED AS A TAX'
Opponents said the individual mandate was an overreach by the federal government and that Congress had exceeded its powers. The court was deeply divided on this issue, but the majority ruled that Congress's taxing authority allowed the mandate.
The law's "requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax," Justice Roberts wrote for the court's majority.
"Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness," Roberts wrote.
In another part of the decision, the court said Congress went too far in a part of the law that requires states to expand the government's Medicaid health insurance program for the poor with the goal of covering more of the uninsured.
The court said this problem can be fixed by precluding the federal government from stripping states of existing Medicaid funds if they did not comply with the expansion, and that this did not require striking down other parts of the law.
About 56 percent of Americans said they opposed the law in a Reuters/Ipsos poll released on Sunday, June 23. When asked about its individual provisions, however, most respondents said they strongly supported them, except for the individual mandate, which was opposed by 61 percent of those surveyed.
Most respondents in the survey favored banning insurers from denying coverage to people with pre-existing conditions; letting young adults stay on their parents' insurance plans until age 26; and making companies with more than 50 workers offer insurance to their employees. All are parts of the law. To share your thoughts on this information, 
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Industry Insights
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Safety News
Texas Cotton Ginners Association announces statewide safety seminars.
TCGA Regional Gin Safety Seminars Memorandum Letter Informational Flyer Registration Form
Natinal Grain and Feed Association
and Grain Journal Magazine
invite all facility managers and key employees in the grain handling, processing, milling, and feed industries to a day and a half conference Aug. 1-2
Click here for information and registration details.
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Stoney - Walking the Walk
Stoney's June 19 update: He weighed in at 226 pounds. This is one pound more than his ideal weight but he is not reporting adding any inches. His clothes still fit, not too tight but not baggy anymore either.
He has had a lot going on for the last several weeks both at work and pleasure. He has not been home any weekend since he got married May 5th which has made it hard to stay on his shakes. Even so he has done well in maintaining his weight. He also learned this past week that he is expecting his first grandchild!
There is a lot of excitement around the Jackson household and he is determined to maintain his healthy lifestyle. There is a lot depending on it and he plans on being here another 50 years! Join with him and start living again.
Note From Stoney:
Follow Stoney's progress on Facebook!
Healthful Hints:
Strategies for Success
Courtesy - Mayo Clinic Staff
Diets, weight-loss programs and promises of quick, easy weight loss. However, the foundation of every successful weight-loss program remains a healthy, calorie-controlled diet combined with exercise. For successful, long-term weight loss, you must make permanent changes in your lifestyle and health habits. But, how do you make those permanent changes? Consider following these six strategies for weight-loss success.
Make a Commitment:
Permanent weight loss takes time and effort - and a lifelong commitment. Make sure that you're ready to make permanent changes and that you do so for the right reasons. To stay committed to your weight loss, you need to be focused. It takes a lot of mental and physical energy to change your habits. So as you're planning new weight-loss-related lifestyle changes, make a plan to address other stresses in your life first.
Find Your Inner Motivation:
No one else can make you lose weight. You must undertake diet and exercise changes to please yourself. What's going to give you the burning drive to stick to your weight-loss plan? Make a list of what's important to you to help stay motivated and focused, whether it's an upcoming beach vacation or better overall health. Then find a way to make sure that you can call on your motivational factors during moments of temptation.
Set Realistic Goals:
It may seem obvious to set realistic weight-loss goals. But do you really know what's realistic? Over the long term, it's best to aim for losing 1 to 2 pounds (0.5 to 1 kilogram) a week, although initially you might lose weight more quickly than that if you make significant changes - just be sure the changes are health supporting.
Enjoy Healthier Foods:
Adopting a new eating style that promotes weight loss must include lowering your total calorie intake. But decreasing calories need not mean giving up taste, satisfaction or even ease of meal preparation. In particular, get your weight loss started by eating a healthy breakfast every day; eating at least four servings of vegetables and three servings of fruits daily.
Get Active and Stay Active:
The key to weight loss is burning more calories than you consume. Because 3,500 calories equals about 1 pound (0.5 kilogram) of fat, you need to burn 3,500 calories more than you take in to lose 1 pound. So if you cut 500 calories from your typical diet each day, you'd lose about 1 pound a week (500 calories x 7 days = 3,500 calories).
Change Your Perspective:
It's not enough to eat healthy foods and exercise for only a few weeks or even months if you want long-term, successful weight loss. These habits must become a way of life. Lifestyle changes start with taking an honest look at your eating patterns and daily routine. After assessing your personal challenges to weight loss, try working out a strategy to gradually change habits and attitudes that have sabotaged your past efforts. And you have to move beyond simply recognizing your challenges - you have to plan for how you'll deal with them if you're going to succeed in losing weight once and for all.
You likely will have an occasional setback. But instead of giving up entirely after a setback, simply start fresh the next day. Remember that you're planning to change your life. It won't happen all at once. Stick to your healthy lifestyle and the results will be worth it.
You can find this article in its entirety here.
Reminder:

With temperatures beginning to reach 100 plus degrees, it's time to remember to wear suncreen!!!
http://www.sunsafetyalliance.org/safety_tips.html
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As you celebrate Independence Day, reflect
on the freedom we have in the United States of America.
This, then, is the state of the union:
free and restless, growing and full of hope.
So it was in the beginning.
So it shall always be, while God is willing,
and we are strong enough to keep the faith. ~Lyndon B. Johnson
The TACT office will be closed in observance of Independence Day, Wednesday, July 4.
We will reopen Thursday, July 5. Have a Happy Independence Day Celebration and remember those that are currently serving overseas - a call to duty that allows us the everyday freedoms we enjoy.
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TACT - Dedicated Insurance Professionals
you know and trust...like Family. Welcome!
Sincerely,
Stoney Jackson
Executive Director
Texas Ag Co-op TrustNext Issue: July 17, 2012 Newsletter Archives - click here |
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