US court blocks contraception clause in health care law

WASHINGTON - A US Supreme Court justice has blocked a stipulation in the new health care reform law that requires some religion-affiliated organizations to provide insurance that includes birth control.

Justice Sonia Sotomayor acted late Tuesday just hours before the Affordable Care Act law was to take effect, in response to an order of nuns in Colorado, US media reported.

She gave the government until Friday morning to file briefs on the matter.

The contraception requirement has been one of the most controversial aspects of the health law.

Religious opponents of abortion object to the requirement to provide emergency contraception pills.

As a compromise, the administration said that women who work for nonprofit religious groups that are against birth control could receive separate coverage not paid for by the employers.

But it refused to offer such assurances to secular businesses whose owners have religious objections to contraception.

That distinction has led to a separate group of lawsuits. Last month, the Supreme Court agreed to hear a pair of cases on whether corporations can deny insurance coverage for contraception.

Sotomayor's order applies to the Colorado nuns, the Little Sisters of the Poor, and other Roman Catholic nonprofit groups that use a health plan called the Christian Brothers Employee Benefit Trust.

The groups' lawsuit is one of many challenging the federal requirement for contraceptive coverage. But a decision on the merits of that case by the full Supreme Court could have broader implications, the New York Times said.

source: interaksyon.com

US Republicans to amend budget bill, return it to Senate

WASHINGTON - The US House will vote Saturday on a Republican plan that funds the government through mid-December and delays implementation of the country's new health care law, a strategy that could lead to a crippling shutdown.

House Speaker John Boehner gathered his caucus and called for a rare Saturday session as Congress struggles to break a funding impasse that, if unresolved, would see federal agencies close after the fiscal year ends Monday night.

Under pressure from his party's far-right conservative wing, Boehner doubled down on his caucus's bid to stop President Barack Obama's signature domestic achievement, his health care law, vowing to send a bill back to the Senate with barely any time for legislative action to avoid a shutdown.

"Later today, the House will vote on two amendments to the Senate-passed continuing resolution that will keep the government open and stop as much of the president's health care law as possible," Boehner said in a statement after the meeting.

"We will do our job and send this bill over, and then it's up to the Senate to pass it and stop a government shutdown."

In addition to a one-year delay of the law that has become known as "Obamacare," one of the amendments would repeal an unpopular medical device tax.

"This is exactly what we wanted," conservative congressman Raul Labrador told reporters.

"We're united on sending (it) back to the Senate," congressman Darrell Issa said after the meeting.

"Obamacare is not ready, and the delay is clearly essential."

Issa argued that a one-year delay "might actually be what saves" the health care law, parts of which are set to take effect on October 1.

"And for those of us who believe there are flaws, it gives the president an opportunity to do what he said he would do afterwards, which is start negotiating absurd things like the medical device tax out of Obamacare."

The move sets up a confrontation with the Senate, where Majority Leader Harry Reid has insisted that no legislation that defunds or delays the health care law would pass the chamber.

He also warned that the only bill that would prevent a shutdown was the stopgap funding measure passed by the Senate on Friday.

"Harry Reid will be shutting down the government if he doesn't accept this pretty sensible solution to the debate that we're having right now," conservative congressman Raul Labrador told AFP.

The Republican plan "is exactly what we wanted," he said.

Boehner and fellow House leaders had struggled to stake out a position palatable to their divided members.

Congress now has less than 60 hours to strike a deal that funds government beyond the current fiscal year.

If lawmakers fail, federal agencies will shut their doors and order hundreds of thousands of employees to stay home, while more than a million soldiers will remain on duty without pay.

As if anticipating a possible shutdown, Boehner said the House would also "vote on a measure that ensures our troops get paid, no matter what."

Obama chided Republicans Friday for their budget brinkmanship, but also warned that while he is prepared to negotiate on ways to reduce spending, "we're not going to do this under the threat of blowing up the entire economy."

source: interaksyon.com

Small Firms’ Offer of Plan Choices Under Health Law Delayed

WASHINGTON — Unable to meet tight deadlines in the new health care law, the Obama administration is delaying parts of a program intended to provide affordable health insurance to small businesses and their employees — a major selling point for the health care legislation.

The law calls for a new insurance marketplace specifically for small businesses, starting next year. But in most states, employers will not be able to get what Congress intended: the option to provide workers with a choice of health plans. They will instead be limited to a single plan. 

The choice option, already available to many big businesses, was supposed to become available to small employers in January. But administration officials said they would delay it until 2015 in the 33 states where the federal government will be running insurance markets known as exchanges. And they will delay the requirement for other states as well. 

The promise of affordable health insurance for small businesses was portrayed as a major advantage of the new health care law, mentioned often by White House officials and Democratic leaders in Congress as they fought opponents of the legislation. 

Supporters of the law said they were disappointed by the turn of events. 

The delay will “prolong and exacerbate health care costs that are crippling 29 million small businesses,” said Senator Mary L. Landrieu, Democrat of Louisiana and the chairwoman of the Senate Committee on Small Business and Entrepreneurship. 

In the weeks leading up to the passage of the health care legislation in 2010, Ms. Landrieu provided crucial support for the measure, after securing changes to help small businesses. 

The administration cited “operational challenges” as a reason for the delay. As a result, it said, most small employers buying insurance through an exchange will offer a single health plan to their workers next year. 

Health insurance availability and cost are huge concerns for small businesses. They have less bargaining power than large companies and generally pay higher prices for insurance, if they can afford it at all. 

The 2010 law stipulates that each state will have a Small Business Health Options Program, or SHOP exchange, to help employers compare health plans and enroll their employees. 

One of the most important tasks of the exchange is to simplify the collection and payment of monthly premiums. An employer can pay a lump sum to the exchange, which will then distribute the money to each insurance company covering its employees. 

The Obama administration told employers in 2011 that the small business exchange would “enable you to offer your employees a choice of qualified health plans from several insurers, much as large employers can.” In addition, it said, the exchange would “consolidate billing so you can offer workers a choice without the hassle of contracting with multiple insurers.” 

Exchanges are scheduled to start enrolling people on Oct. 1, for coverage that begins in January. However, the administration said that the government and insurers needed “additional time to prepare for an employee choice model” of the type envisioned in the law signed three years ago by President Obama. 

D. Michael Roach, who owns a women’s clothing store in Portland, Ore., said the delay was “a real mistake.” 

“It will limit the attractiveness of exchanges to small business,” he said. “We would like to see different insurance carriers available to each of our 12 employees, who range in age from 21 to 62. You would have more competition, more downward pressure on rates, and employees would be more likely to get exactly what they wanted.”

John C. Arensmeyer, the chief executive of Small Business Majority, an advocacy group, said that the delay of “employee choice” was “a major letdown for small business owners and their employees.” 

“The vast majority of small employers want their employees to be able to choose among multiple insurance carriers,” Mr. Arensmeyer said. 

Small Business Majority supported Mr. Obama’s health care law. 

That support was invaluable to Democrats who pushed the bill through Congress. Representative Nancy Pelosi of California, who was speaker at the time, cited the group’s research as evidence that “small businesses will benefit from health insurance reform.” 

However, in recent weeks, insurance companies urged the administration to delay the employee choice option. 

“Experience with Massachusetts has demonstrated that employee choice models are extremely cumbersome to establish and operate,” the health insurer Aetna said in a letter to the administration in December. 

Insurers said that the administration was partly responsible for the delay because it did not provide detailed guidance or final rules for the small-business exchange until last month. 

Businesses with up to 100 employees will be able to buy insurance in the exchanges. In 2014 and 2015, states can limit participation to businesses with 50 or fewer employees. Companies with fewer than 25 workers may be able to obtain tax credits for up to two years of coverage bought through an exchange. 

States can open the exchanges to large employers in 2017. 

A few states running their own exchanges, including California and Connecticut, said they planned to offer an employee choice option next year, though it was not required by the federal government. 

A stated goal of the 2010 law was to increase “consumer choice” and stimulate competition among insurers. 

The law makes it easier for consumers to compare health plans by defining four standard levels of coverage, ranging from the least to the most generous. The law says an employer can pick a level of coverage and then allow employees to choose among all the health plans available at that level. 

source: nytimes.com