Disability act 2010! / Video

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Ontario personal property security act! # Video

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Jones Act – Maritime Sailor Worker Compensation Benefits, jones act workers compensation.

#Jones #act #workers #compensation


Jones Act

The Merchant Marine Act of 1920, also known as the Jones Act, is a compensation legislation intended to allow sailors with injuries recover money to help cover the costs of medical care and health recovery. But it must be noted that it is not a workers compensation law for seamen and maritime workers. It is more and in some cases less. There are additional benefits if the injury is caused by negligence on the part of the employers or the work environment on the vessel. This compensation of the Jones Act will be discussed later.

Injured sailors are entitled to many of the same things covered under other workers compensation statutes. Among the benefits they receive are payments while they are incapable of working or otherwise disabled, payment for the cost of medical care and ongoing rehabilitation, as well as transportation costs.

In the case that the injury was caused by a negligent working environment, then the wounded sailor will be entitled to additional damages for Pain and Suffering.

This legistlation covers the injured seamen, and does not apply to workers who work on docks. Other Federal statutes cover those injuries that are on the dock, just as laws are in place to protect workers in general. All Workers Compensation laws have been legislated with the intention of providing a framework for protecting workers when they become injured. It prescribes circumstances under which employers (such as ship owners in the case of the Jones Act) are deemed responsible for the costs of medical care for an injured sailor, as well as for any ongoing healthcare for repairing said injury.

Although the intention may be to assist the worker, the very original idea behind Workers Compensation laws, including the Jones Act, was to reduce the cost of litigation and provide a fair process that would assure the sailor receives the timely medical benefits he/she is entitled to, without having to suffer the financial burden of hiring an Attorney and forcing the employer to come to court and having a judge adjudicate the damages. The law, however, is complex, and it may be in your best interest to seek the advice and counsel of a Jones Act Attorney.

These statutes provide a financial benefit to the employer and employee in the long run. The Jones Act is one of the most farsighted pieces of legislation in the history of the United States government. It has provided a lifeline to many sailors who were injured on the job on sailing vessels. The act has also spawned many a Jones Act lawsuit, despite the intentions of the original law.

Maritime Lawyer Todd Elias, represents injured seaman under the Jones Act nationwide. Contact them at 800-773-6770. The phones are answered 24/7/365.

Jones Act FAQ – Workers compensation faq. A listing of California questions and answers .

Jones Act Information – Find a Jones Act summary through this authoritative resource.




Health care reform: How it impacts your insurance coverage – Jun

#health #care, #health #reform, #ruling, #supreme #court, #affordable #care #act, #insurance, #benefits, #employer, #employee, #patient #protection #and #affordable #care #act, #coverage, #parija #kavilanz


Health care reform stands: How it impacts your coverage

The Supreme Court upheld health care reform Thursday, which includes a mandate that consumers have to buy coverage by 2014 or pay a penalty.

NEW YORK (CNNMoney) — The Supreme Court’s ruling Thursday to uphold health care reform has widespread implications for both insured and uninsured consumers.

Beginning in 2014, uninsured individuals must buy coverage — either on their own, through an employer’s plan or through a health insurance exchange — or else pay a tax penalty. Meanwhile, insured consumers will continue to enjoy key mandates of the law, such as free preventive care and coverage of adult dependents up to age 26, but at the expense of higher out-of -pocket costs.

In the United States, more than half of the population — or 160 million people — gets health insurance directly through their employers, while 50 million people have no insurance, according to the government. Tens of millions more consumers either buy their own private insurance or are covered by government programs, such as Medicaid and Medicare.

Several key mandates of health reform have already gone into effect since the law passed in 2010. Here’s a rundown of those provisions and new mandates rolling out over the next two years that will impact almost all of these consumers.

If you have insurance through your employer: Employees will continue to enjoy key benefits mandated by health reform that have already gone into effect.

For consumers who are insured through their employers, this is good news, said Mike Thompson, principal with PwC’s Global Human Resources Services.

Among the main provisions: Employers must provide coverage for adult dependents of workers up to age 26; health plans must cover certain preventive services, such as mammograms and colonoscopies, without charging a deductible, co-pay or coinsurance; and insurers can’t impose a maximum lifetime dollar limit on a customer’s medical care.

In 2013, eight additional preventive care services for women, including HIV and HPV (Human Papillomavirus) screening, will be covered under health reform.

But some industry experts also said that employers who offer insurance will now be even more focused on controlling their health care costs, especially since the individual mandate is expected to add more people — including more high-risk individuals — to their plans.

This means employees could see further increases in premiums and deductibles.

Also starting in 2013, the health care law will limit employee contributions to flexible spending accounts to a maximum of $2,500 a year. Many employers have their own caps on FSA contributions and the cap for federal employees is $5,000.

Come open enrollment, it’s very important that employees pay careful attention to their benefits packages and take a good look at options and incentives that companies are offering them to lower their out-of-pocket costs, said Tracy Watts, senior health care consultant with benefits consulting firm Mercer.

If you buy your own insurance: About 15 million consumers in the United States buy health insurance directly from private insurers or work for businesses that do so.

Under health reform, insurers must also allow policyholders to add adult dependents up to age 26 to their plan. Also, beginning in 2014, insurers can’t drop an individual if they become sick and they cannot refuse coverage for a pre-existing condition. Insurers also can’t set annual or lifetime limits on the amount of care.

If you’re uninsured: Come 2014, if you don’t have health coverage, you will have to pay a penalty.

In 2014, the fee is capped at $285 per family, or 1% of income, whichever is greater. By 2016, it will jump sharply to $2,085 per family, or 2.5% of income, whichever is greater. Individuals will pay penalties of $95 in 2014 that will climb to $625 in 2016.

The law mandates that states set up health insurance exchanges — an online marketplace where consumers can buy subsidized health plans — by 2014. These exchanges are geared towards making health insurance affordable to underinsured and uninsured individuals.

Subsidies are determined by individuals’ income levels. Uninsured consumers with incomes between 139% and 400% of poverty will be eligible for tax credits to offset the cost of buying coverage through exchanges.

According to the Congressional Budget Office, the average subsidy per enrollee in the exchange will be $4,780 in 2014, rising to $5,780 in 2018.

If you work for a small business: By 2014, companies with 50 or more full-time employees must start providing health insurance or face penalties.

For most small businesses. that means a new way to shop for less expensive health insurance on the exchanges where they can buy plans for their workers.

But Sandy Ageloff, an analyst with Towers Watson, a leading benefits consulting firm for Fortune 1000 companies, expects several businesses could still opt out of providing health care coverage and instead send workers to exchanges.

For these businesses who buy insurance coverage directly from private insurers, they often have higher premiums, said Ageloff.

So they may find it more cost effective. despite the penalties, to eliminate their company insurance benefits and send workers to exchanges, she said.

Mercer’s Watts said health insurance exchanges are a welcome provision for early retirees as well.

There are many individuals who want to retire early but don’t because they don’t want to lose their health insurance, she said. These exchanges will allow them to retire and still be able to buy affordable health insurance.

If you’re insured through Medicare or Medicaid: For Medicare beneficiaries, health reform mandates that the Part D donut hole — the gap in drug coverage during which beneficiaries have to pay the cost of prescriptions entirely out of pocket — will be phased out by 2020.

The government said Medicare recipients have saved $3.7 billion on drug costs as a result of provisions which went into effect after health reform passed in 2010. To help afford their prescriptions, those who have fallen into the donut hole have received a one-time tax rebate and discounts on name-brand and generic drugs.

Those who currently receive Medicaid won’t be impacted much by health care reform. It’s less certain after Thursday’s ruling, however, whether all states will expand the program come 2014.

Initially, health care reform mandated that states expand Medicaid coverage or lose federal funding for the program. The new Medicaid guidelines were to expand coverage to anyone under 65 whose income was up to 133% of the federal poverty level by 2014.

On Thursday, the Supreme Court struck down that provision, saying it should be up to the states to decide whether or not they want to expand the program, without any threat of losing federal funding.

This is the one piece that impacts some individuals, said Ageloff. If a state decides not to expand the program, some individuals now may not be able to get Medicaid coverage.

More on health care reform:


California Medical Cannabis Retailer Licensing Rules #california #medical #waste #management #act


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California Medical Cannabis Retailer Licensing Rules

This post is on California s initial rules governing medical cannabis retailers as part of our ongoing series analyzing California s initial medical cannabis rules pursuant to the Medical Cannabis Regulation and Safety Act ( MCRSA ). For information regarding the licensing rules for California cannabis manufacturers and cultivators, go here and here .

The MCRSA defines dispensary as a facility where medical cannabis, medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to express authorization by local ordinance, medical cannabis and medical cannabis products as part of a retail sale. There are two kinds of dispensary licenses under the MCRSA: Type 10 for a general dispensary and Type 10A, defined as just a dispensary.

The MCRSA restricts vertical integration of cannabis licenses by limiting applicants to one or two licenses in certain separate licensing categories (Governor Brown s Trailer Bill will change this if it passes this summer). A Type 10 licensee can only be a retailer and until January 1, 2026, a Type 10A licensee can be a retailer at no more than three retail locations by holding three separate Type 10 licenses: that of a manufacturer and a cultivator (so long as the Type 10A license has no more than four acres of total canopy size of cultivation throughout the state).

In addition to the mandatory submissions for owners and their spouses we discuss here. California cannabis retailers must also submit a complete list of every individual with a non-controlling interest in the retailer, though there are no indications non-controlling interest holders will be vetted by the state in the same way owners will be.

Retail applicants must submit all of the following to the State of California as well:

  1. A list of funds belonging to the retailer held in savings, checking, or other accounts maintained by a financial institution.
  2. A list of investments made into the retailer entity.
  3. A list of all gifts of any kind given to the retailer for its use in conducting commercial cannabis activity.
  4. Whether an owner or their spouse has a financial interest in any other cannabis license. Financial interest” means an investment into a commercial cannabis business, a loan provided to a commercial cannabis business, or any other equity interest in a commercial cannabis business.
  5. A list of all convictions (excepting juvenile crimes and traffic infractions under $300 that didn t involve alcohol, controlled substances, or dangerous drugs) as well as a rehabilitation list for each conviction.
  6. Application for fingerprints through the Department of Justice.
  7. Documentation issued by the local jurisdiction in which the applicant proposes to operate certifying the applicant is in compliance with all local ordinances and regulations, or will be in compliance with all local ordinances and regulations by the time the Bureau issues a license.
  8. Evidence that the proposed dispensary location is at least a 600-foot radius from any school. In addition, the retail premises must be in a contiguous area and may only be occupied by one licensee, and retailers cannot sublet any portion of the retail premises.
  9. If you have 20 or more employees, an attestation that the applicant has entered into a labor peace agreement and you must provide a copy of that agreement.
  10. A $5,000 surety bond.
  11. A scaled diagram of the dispensary premises that shows the boundaries of the property and the proposed premises to be licensed, showing all boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, doorways, and common or shared entryways. The diagram must show the areas in which all commercial cannabis activities will take place, including but not limited to, limited-access areas.
  12. A list of your quality assurance, security, and inventory practices.
  13. Proof of acknowledgement from the dispensary property owner that you can use the property for dispensing and a copy of your lease agreement if you have it. Or if you own the property, provide the deed.

Regarding retailer operational standards, the retailer is responsible for sufficiently tracking and tracing all of its inventory and for record keeping certain records must be kept for at least seven years. The retailer must also follow all security, surveillance (including installation of 24-hour recording cameras of a certain pixellation that covers certain areas of the operation by a specific number of feet), alarm, and premises access requirements. The retailer is also responsible for cannabis waste-management destruction and disposal. And though California cannabis retailers cannot package or label any cannabis goods, they still must provide exit packaging for products, which basically means re-sealable and opaque child resistant packaging. And if a retailer discovers any defective product, it may return the medical cannabis goods only in exchange for a non-defective version of the same medical cannabis goods. So, no cash refunds.

As far as customers go, between the hours of 6 a.m. to 9 p.m. only verified qualified patients or primary caregivers over 18 can freely shop in the dispensary. Nonetheless, anybody younger than 18 can enter the dispensary to purchase medical cannabis goods if they are a medical cannabis patient accompanied by their parent, legal guardian, or primary caregiver. Customers are free to inspect medical cannabis goods through secured containers, but no sampling is allowed. A customer purchase no more than 8 ounces in a single day, unless their physician s recommendation authorizes more.

Under the MCRSA, delivery” means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined by the bureau to a primary caregiver or qualified patient. or a testing laboratory. “Delivery” also includes the use by a dispensary of any technology platform owned and controlled by the dispensary. that enables qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products. So long as city or county law allows for delivery, dispensaries must deliver all product themselves; they cannot use a third party contractor or courier to do it. All deliveries must be done in person by a retail employee who s at least 21, and all deliveries have to go to physical addresses in California. When making deliveries, dispensary employees cannot carry more than $3,000-worth of cannabis goods at any time. No delivery can be made to an address on publicly owned land or any address on land or in a building leased by a public agency. Finally, delivery hours are from 6 a.m. to 9 p.m.

These rules are currently in a 45-day comment period and are by no means final. So, stay tuned to see if and when the Bureau makes additional changes. I am sure these rules seem onerous to many of you, and they are. But for what it is worth, they are in many respects very similar to the laws in various other states where we have helped our clients secure cannabis licenses Oregon, Washington, Colorado, Nevada and Alaska, for instance and so as difficult as they may seem, it is certainly possible to satisfy them.

Hilary Bricken

Since joining Harris Bricken in 2010, Hilary has earned a reputation as a fearless advocate for local businesses. Hilary’s clients—start-ups, entrepreneurs, and companies in all stages of development—value her bold approach to business strategy.



Winnipeg used car dealer fined $5, 000 under Manitoba Consumer Protection Act #advance #auto #coupons


#auto protect
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Winnipeg used car dealer fined $5,000 under Manitoba Consumer Protection Act CBC Friday, November 27, 2015

Auto Gallery of Winnipeg has been fined $5,000 for running the finance price before the cash price in online advertisements for vehicles, Gord Pedersen, one of the company’s owners, told CBC.

For example, if the vehicle was selling for $20,000, Auto Gallery would also list it as $19,000 because the customer got $1,000 off for financing it through them. In the online ads, the lower price appeared first.

Consumer protection … in June started asking dealers when they run their ads to run the cash price first, he said.

We clearly had both stated [but] we had the finance price first instead of the cash price first.

On Friday, the Manitoba Consumer Protection Office issued a press release that said Auto Gallery of Winnipeg received the fine for including special deductions or circumstances in advertisements for their vehicles.

Provisions in Manitoba’s Consumer Protection Act protect consumers in a variety of ways, including protection from false advertising and misleading pricing practices when purchasing a motor vehicle, a news release issued by the province on Friday states.

The law states that vehicle sales ads must indicate the total cash price of a vehicle, including all additional charges except for the retail sales tax and the federal goods and services tax.

A penalty of $5,000 is issued for a company’s first contravention of the act, the news release states.

On Friday afternoon Pedersen said the business is in the process of appealing the penalty.

We were working with consumer protection to change the advertising to what they wanted but there hadn’t been a definitive timeline placed on it, he said.

It looks like we hit the end of the timeline prior to finishing the advertising changes.

Pedersen reiterated that Auto Gallery of Winnipeg has received zero complaints in the past, and that the company’s advertising is very straight up.

The Consumer Protection [office] is definitely there for the consumer, but we had been there, too, he said.

The Consumer Protection Office encourages Manitobans to learn about their rights under the law, which they can do by calling the office at 204-945-3800 in Winnipeg, toll free in Manitoba at 1-800-782-0067 or by visiting its website here.



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Illustration of the FLSA Minimum Wage poster

Wage and Hour Division (WHD)

Fair Labor Standards Act (FLSA) Minimum Wage Poster

Every employer of employees subject to the Fair Labor Standards Act’s minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. An approved copy of the minimum wage poster is made available for informational purposes or for employers to use as posters.

This poster has been revised, and as of August 1, 2016, you must post this revised version. You may download a pdf of the revised poster from this page. Print copies will be available for order soon.

Minimum Wage Poster (PDF)

To use this file as a poster for your place of employment, please follow these instructions:

  1. The file is only available in PDF format. In order to view and/or print PDF documents you must have a PDF viewer (e.g. Adobe Acrobat Reader v5 or later ) available on your workstation.
  2. Click on the link for the minimum wage poster (large color. small color. large black and white. or small black and white ) and wait for it to load into the viewer.
  3. Please ensure that the Page Scaling box reads: Reduce to Printer Margins
  4. If you chose the large version, your printer must be capable of 11 x 17 prints or the two printed pages must be taped or pasted together to form an 11 x 17 inch poster. Otherwise the poster fits on a single 8 1/2 x 11 inch page.

U.S. Department of Labor | Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC 20210
www.dol.gov | Telephone: 1-866-4-USWAGE (1-866-487-9243) | TTY | Contact Us



Bankruptcy Information #mortgage #forgiveness #debt #relief #act, #foreclosure #deficiency, #dyck-o’neal


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Will the Mortgage Forgiveness Debt Relief Act be extended?

The Mortgage Forgiveness Debt Relief Act became federal law in 2007. It allowed taxpayers to avoid income taxes on unpaid mortgage debt, including debt reduced through short sale, mortgage modification or foreclosure. The original Act had been extended through 2016, but it is unclear whether a Trump presidency or Republican-controlled Congress will seek to extend this homeowner protection.

Today, U.S. Senator Debbie Stabenow (D-MI) introduced a bi-partisan bill to extend the Mortgage Forgiveness Debt Relief Act through the end of 2018, but questions remain whether there is enough political will to get this bill to President Trump’s desk or whether he will sign it.

Whether the Act is extended is a major issue for homeowners behind in their mortgage payments. For example, let’s say your home is in foreclosure, and a Final Judgment is entered in the amount of $295,000. This judgment is in rem or “against the property,” and it permits the Court to set a foreclosure sale. If the value of your home on the date of the foreclosure auction is $200,000, there is a deficiency balance of $95,000.

The lender can do one of three things. Firstly, it can choose to do nothing, which would be your best outcome. It is also your least likely outcome, because it takes so little energy to do one of the other two things.

If the lender believes the deficiency is collectible, the plaintiff could ask the Court for a money judgment against you for $95,000, which is just like any other money judgment. In Florida, the lender has one year from the foreclosure sale date to seek a deficiency judgment. If Federal National Mortgage Corporation (“Fannie Mae”) owns your loan, the odds are good that this will happen to you, and they will hire Dyck-O’Neal, Inc. to collect the deficiency.

Finally, if the lender believes you are not collectible, the plaintiff can “write off” the $95,000 for tax purposes. To do this, the lender would send you a 1099C. Prior to January 1, 2017, because of the Act, the Internal Revenue Service would not consider this a taxable event. Now that the Act has expired, this could be considered ordinary income to you.

The Internal Revenue Service considers a debt listed on a 1099C as “Cancellation of Debt” (COD) income . If the Act is not extended, affected homeowners will pay income taxes on these mortgage amounts forgiven by their lenders. This also means there would be a tax liability for “forgiven” mortgage principal due short sale or loan loan modification.

Without the extension of the Act, what is a homeowner to do? There are only two major exceptions for consumers seeking to avoid COD income:

  • If the taxpayer is “insolvent” at the time the 1099C is issued, or
  • If the taxpayer discharges the debt in bankruptcy

Insolvency Exception to the Rule

According to IRS guidelines, a taxpayer is “insolvent” only if total liabilities exceed the fair market value of assets .

For example, if a taxpayer has $195,000 in liabilities, but only $150,000 in assets, they are considered insolvent under the Internal Revenue Code. If a debt of $55,000 was cancelled, the taxpayer will have $10,000 in gross income because total liabilities no longer exceed total assets because cancelling $55,000 in debt means the taxpayer now has only $140,000 in liabilities.

Keep in mind that “assets” include any and all assets – even retirement accounts and encumbered assets (like a car with a lien on it).

The criteria for the insolvency exclusion are considerably more strict than those used under bankruptcy law. For example, any and all money in a qualified retirement account such as an I.R.A. or 401(k) is exempt from creditors and not included in bankruptcy.

You may think you make too much money to file a bankruptcy to avoid the deficiency balance and COD income. “Wealthy” people often files bankruptcy for seeking asset protection in Bankruptcy Court, and it is possible for a wealthy person to avoid this tax liability in bankruptcy without sacrificing any assets or income. For more information, we encourage you to read Bankruptcy As An Asset Protection Tool .

Chip Parker is the managing partner of Parker DuFresne, P.A. where he represents Northeast Florida businesses and consumers facing bankruptcy, and homeowners facing foreclosure. His firm files more homeowners in the Mortgage Modification Mediation Program than any other law firm in Northeast Florida. Parker is the recipient of Jacksonville Area Legal Aid’s prestigious Award for Outstanding Pro Bono Service. Mr. Parker is an active member of the National Association of Consumer Bankruptcy Attorneys and National Association of Consumer Advocates.



Single-payer healthcare vs #salon.com, #affordable #care #act, #health #insurance, #healthcare.gov, #obamacare, #republicans, #single-payer #health #care


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Single-payer healthcare vs. Obamacare

Whenever scandal arises in Washington, D.C. the fight between the two parties typically ends up being a competition to identify a concise message in the chaos or, as scientists might say, a signal in all the noise. This week confirms that truism, as glitches plagued the new Obamacare website and as insurance companies canceled policies for many customers on the individual market.

Amid the subsequent noise of congressional debate and cable TV outrage, Republicans argued that the signal is about government more specifically, they claim the controversies validate their age-old assertions that government can t do anything right. Democrats countered that the signal in the noise is about universal healthcare Obamacare is a big undertaking, they argue, and so there will be bumps in the road as the program works to provide better health services to all Americans.

This back and forth is creating an even more confusing cacophony and further obscuring the signal that neither the two parties nor their health industry financiers want to discuss. That signal is about the need for single-payer healthcare, otherwise known as Medicare for all.

One way to detect this signal is to consider the White House guest list.

In trying to show that he was successfully managing the Obamacare rollout, the president last week staged a high-profile White House meeting with private health insurance executives aka Obamacare s middlemen. The spectacle of a president begging these middlemen for help was a reminder that Obamacare did not limit the power of the insurance companies as a single-payer system would. The new law instead cemented the industry s profit-extracting role in the larger health system and it still leaves millions without insurance.

The second way to see this single-payer signal is to behold the Obamacare-related congressional hearings. During the proceedings, you ve been hearing a lot about the insurance enrollment website that the government is paying millions to insurer UnitedHealth Group to build. But you re not hearing much about actual health care. That s because the insurance industry wrote the Affordable Care Act, meaning the new statute s top priority isn t delivering health services. Obamacare is primarily about getting the insurance industry more customers and government contracts, whether or not that actually improves health services.

The third way to see this single-payer signal is to simply experience the confusion about Obamacare for yourself.

If you ve managed to successfully navigate Healthcare.gov, you probably have been treated to a wave of perplexing information about different kinds of private insurance plans and premiums. In other words, you haven t seen a simple, standardized and guaranteed form of healthcare coverage like the kind provided by the single-payer government-administered Medicare system. You ve likely seen the same maddeningly labyrinthine private insurance system that works to ration and often deny access to healthcare.

It didn t have to be this way. Back when Obamacare was being negotiated, Congress could have circumvented the private insurance industry by simply expanding Medicare to cover everybody. Medicare isn t perfect, of course, but it remains one of the most popular institutions in America because its single-payer model guarantees access to decent, cost-effective health care rather than just meager health insurance. It also does a good job of preventing profit-taking middlemen from getting between patients and their physicians.

Obamacare doesn t do all that. It certainly includes some important reforms, but it doesn t do what a single-payer system does it doesn t guarantee better healthcare or a more simple health system.

Those Democrats who pretend it does are just as dishonest as the Republicans who ignore Medicare and pretend government cannot effectively manage healthcare. All of them are making noise to drown out the single-payer signal.



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Insurance Coverage for Pre-Existing Conditions #health #care #reform, #pre #existing #conditions, #preexisting #conditions, #health #care, #health #insurance, #affordable #health #care, #affordable #care #act, #pre #existing #condition #insurance, #pre #existing #condition #health #insurance,what #is #a #pre #existing #condition, #pre #existing #condition #definition


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This Is What A Pre-Existing Condition Really Looks Like

MORE: Not Having Health Insurance Kills Thousands Each Year

Full disclosure: I applied for private health insurance in 2012 and was accepted, thankfully. But the questionnaires were pages long, asking about every ailment under the sun, leaving one to wonder, how many people actually do qualify—and what is considered a “pre-existing condition”?

Turns out, a lot of people didn’t qualify under the old laws, and I set out to find their stories, as well as what experts in the field have seen. Here are some of the most heartbreaking and absurd reasons I found for insurance companies rejecting coverage due to pre-existing conditions, often for the people who needed it most:

Melanoma at 36
Just a month after leaving her full-time job as a magazine editor in New York City to pursue a freelance writing career in 2012, Sunny Gold received a startling diagnosis at 36 years old: melanoma. She went on COBRA, which let her continue on her former employee’s plan for a limited time—for $1,700 a month—while she shopped for private insurance. But she was rejected due to her skin cancer. Even if she hadn’t had melanoma, she would have been turned down due to a Prozac prescription in her past. “How is it my fault that I had depression after 9/11 when I was in New York City?” she says. “Or that I got sunburns when I was 5 or 6 years old living in Southern California? I cover myself up now, but that’s not where melanoma comes from—it’s from damage that occurred when you were a kid.” Now, the company that denied her coverage in 2012 is accepting her as of January 1.

A Breast-Reduction Consultation
At age 19, Mallory*, a health researcher from Portland, OR, went to a doctor for a consultation about a breast reduction, in hopes that it would help alleviate back pain she was experiencing. She never went through with the surgery, but it came back to haunt her anyway: Because she was approved for surgery, an insurance company counted it as a pre-existing condition and deemed her uninsurable when she applied for coverage after graduating from college at 21 (her small company didn’t offer employer-based plans). Now 32, Mallory has employer-sponsored insurance. She has never had breast-reduction surgery and doesn’t plan to, but she’ll never forget the ensuing struggle. “When I was denied, I followed up to say that I didn’t want the surgery and wouldn’t be having it,” she says. “They said that didn’t matter. Since it was in my file, it was a reason for exclusion.”

A Bum Shoulder
As the principal of an insurance company, Scott Tuttle, of Tuttle Insurance Group in Seymour, CT, has heard every kind of denial under the old laws. “God forbid if you weren’t in perfect health,” he says. “Any kind of mental illness, weight issue, diabetes—forget about it.” But even when people were lucky enough to secure coverage, many were slapped with riders excluding pre-existing conditions. His cousin had a shoulder issue, so that shoulder wasn’t covered, he explained, or it could be a broken leg from childhood that was excluded. “And that was a good day because they’re offering you coverage at all,” he says. The future is supposed to be different, he adds, but only time will tell. “There are some good enhancements, I think, but I haven’t seen them in action yet.”

An NICU stay
Children across the country are already benefiting from the ACA—the part of the law requiring coverage of kids with pre-existing conditions was implemented in September 2010. One of those is the 3-year-old daughter of Adrienne Ammerman, 31, of Asheville, NC. During the birth, her daughter, Cora, experienced a severe case of meconium aspiration, or the inhaling of bodily waste and amniotic fluid. To prevent brain damage, Cora ended up in the NICU for nine days—a stay that would have previously jeopardized her coverage when Cora entered the private insurance market in 2012. The Children’s Health Insurance Program did exist prior to the Affordable Care Act to help provide low-cost or free health coverage to children—but Cora likely would have faced issues after she no longer qualified for assistance through the program. Today, Cora is on track developmentally, Ammerman says. “If it weren’t for the Affordable Care Act, her medical history would have haunted her for the rest of her life,” she says. “As a family that doesn’t make a ton of money, we spend a large amount of income every month making sure we are all covered. I find it incredibly hard when politicians try to get in the way of families doing what’s right by protecting themselves from financial ruin.”

Gestational Diabetes
One of the more shocking things that Gabrielle*, a family medicine doctor in Oregon, saw under the old laws was the rejection of coverage for women who once had gestational diabetes—which goes away after pregnancy. “They were no longer pregnant, yet it was still considered pre-existing,” she says. Another thing that irked her: Denial of patients who had blood pressure or cholesterol under control with medication, even though they were at a much lower risk than people with similar conditions who avoided seeking medical treatment. “I would have people ask me to not prescribe them things, not to write things in their chart, or not have blood work done because they didn’t want to know their cholesterol,” she says. “This is by far the biggest improvement of the ACA—I can’t believe people aren’t out screaming in the streets about it.”

An Autoimmune Disorder
Diane, 33, an attorney from Michigan, is counting the days until January 1—that’s when she’ll finally have insurance for the first time in a decade, due to a diagnosis of lupus she received 10 years ago. “People assume when you graduate from law school, there are 1,000 jobs waiting for you, but that’s not how it is,” she says, so she started her own child protective law practice, working mostly with foster kids, and found private insurance cost-prohibitive. Day to day, she lives with fatigue and joint pain, and a simple cold or flu can put her in the ICU—at a huge cost to her and the hospital. She receives her preventative and gynecological care from Planned Parenthood, but all that stops soon, when her coverage kicks in at a reasonable $178 per month. “I feel more at ease,” she says. “I’m an attorney—I should be able to handle things myself. Access to health care is a basic human right every American should have.”

An Autistic Toddler
At nearly 3 years old, Anna Bullard’s daughter, Ava, wasn’t talking, gesturing, or feeding or dressing herself. She received speech therapy and visited developmental pediatricians, which was all covered by insurance—until she received a diagnosis of autism, which is when all autism-related coverage stopped. Georgia, Bullard’s home state, is one of 23 states where coverage for autism treatment is not required—yes, that’s right, not all treatments are required under the Affordable Care Act (toward the end of its passage, language in the bill changed, granting states the right to define certain essential benefits that insurance companies must provide). Bullard has been advocating hard for the passage of Ava’s Law, the autism insurance reform bill in Georgia named for her daughter, and was devastated by Hudgens’ comments last week. “Honestly, I was heartbroken when I read that,” says Bullard, who has been working on the law with Hudgens’ office and other Georgia lawmakers since 2009. “It was really a sad day in Georgia.”

*Name has been changed



Supply Paint and painting equipment in Fyshwick ACT Auto Paint Supplies #auto #carpet #replacement


#auto paint supplies
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Welcome to Auto Paint Supplies

Auto Paint Supplies, located in Fyshwick ACT, are a family-owned and operated paint supply and equipment outlet. Specialising in, and supplying tools and equipment including compounds, polishes, paint materials, abrasives, safety equipment and tapes and masking material for everything auto related.

With a range of over seven thousand products and multiple brands on offer, the team at Auto Paint Supplies are the market leaders in supplying quality products and service both in retail over-the-counter sales and business-to-business, supplying products to panel beaters and tinting tradespeople ensuring the products available are of the highest level of quality.

The small and dedicated team at Auto Paint Supplies each hold over 30 years experience within the industry, servicing and supplying quality products and services within the ACT and throughout the Southern Coast of NSW with delivery service and quality advice.

Paint Solutions



Supply Paint and painting equipment in Fyshwick ACT Auto Paint Supplies #auto #performance #parts


#auto paint supplies
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Welcome to Auto Paint Supplies

Auto Paint Supplies, located in Fyshwick ACT, are a family-owned and operated paint supply and equipment outlet. Specialising in, and supplying tools and equipment including compounds, polishes, paint materials, abrasives, safety equipment and tapes and masking material for everything auto related.

With a range of over seven thousand products and multiple brands on offer, the team at Auto Paint Supplies are the market leaders in supplying quality products and service both in retail over-the-counter sales and business-to-business, supplying products to panel beaters and tinting tradespeople ensuring the products available are of the highest level of quality.

The small and dedicated team at Auto Paint Supplies each hold over 30 years experience within the industry, servicing and supplying quality products and services within the ACT and throughout the Southern Coast of NSW with delivery service and quality advice.

Paint Solutions



Winnipeg used car dealer fined $5, 000 under Manitoba Consumer Protection Act #firestone #auto #care


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Winnipeg used car dealer fined $5,000 under Manitoba Consumer Protection Act CBC Friday, November 27, 2015

Auto Gallery of Winnipeg has been fined $5,000 for running the finance price before the cash price in online advertisements for vehicles, Gord Pedersen, one of the company’s owners, told CBC.

For example, if the vehicle was selling for $20,000, Auto Gallery would also list it as $19,000 because the customer got $1,000 off for financing it through them. In the online ads, the lower price appeared first.

Consumer protection … in June started asking dealers when they run their ads to run the cash price first, he said.

We clearly had both stated [but] we had the finance price first instead of the cash price first.

On Friday, the Manitoba Consumer Protection Office issued a press release that said Auto Gallery of Winnipeg received the fine for including special deductions or circumstances in advertisements for their vehicles.

Provisions in Manitoba’s Consumer Protection Act protect consumers in a variety of ways, including protection from false advertising and misleading pricing practices when purchasing a motor vehicle, a news release issued by the province on Friday states.

The law states that vehicle sales ads must indicate the total cash price of a vehicle, including all additional charges except for the retail sales tax and the federal goods and services tax.

A penalty of $5,000 is issued for a company’s first contravention of the act, the news release states.

On Friday afternoon Pedersen said the business is in the process of appealing the penalty.

We were working with consumer protection to change the advertising to what they wanted but there hadn’t been a definitive timeline placed on it, he said.

It looks like we hit the end of the timeline prior to finishing the advertising changes.

Pedersen reiterated that Auto Gallery of Winnipeg has received zero complaints in the past, and that the company’s advertising is very straight up.

The Consumer Protection [office] is definitely there for the consumer, but we had been there, too, he said.

The Consumer Protection Office encourages Manitobans to learn about their rights under the law, which they can do by calling the office at 204-945-3800 in Winnipeg, toll free in Manitoba at 1-800-782-0067 or by visiting its website here.



Supply Paint and painting equipment in Fyshwick ACT Auto Paint Supplies


#auto paint supplies
#

Welcome to Auto Paint Supplies

Auto Paint Supplies, located in Fyshwick ACT, are a family-owned and operated paint supply and equipment outlet. Specialising in, and supplying tools and equipment including compounds, polishes, paint materials, abrasives, safety equipment and tapes and masking material for everything auto related.

With a range of over seven thousand products and multiple brands on offer, the team at Auto Paint Supplies are the market leaders in supplying quality products and service both in retail over-the-counter sales and business-to-business, supplying products to panel beaters and tinting tradespeople ensuring the products available are of the highest level of quality.

The small and dedicated team at Auto Paint Supplies each hold over 30 years experience within the industry, servicing and supplying quality products and services within the ACT and throughout the Southern Coast of NSW with delivery service and quality advice.

Paint Solutions