Author: blogger
President Barack Obama had a hard won victory on Saturday night (the 7-8th day of November 2009) when the landmark health care reform legislation (HR 3962) was passed with 220-215 votes. Now if everything goes the Obama way, then by the end of the year 09 Affordable Health Care for America Act would apply as a law impacting almost fifty million US lives. But what does this Act actually imply? How does it stand to impact an average US life? How does the Act affect the outsourcing industry at large? Through my article below I endeavor to answer these and many more questions.
Ab-initio we will refresh the fundamentals of federalism, stating the Roles, Duties, Nature, Scope and Restrictions on the government in a written federal constitution. Next we proceed to see whether the above attempt by the federal government to accede healthcare legislation is ultra-vires the powers granted by the US Constitution.
What is Federalism?
According to the traditional classification followed by the political scientists, constitutions are either unitary or federal. In a unitary constitution, the powers of the government are centralized in one government viz., the Central Government. In the federal constitution, on the contrary, there is a division of power between the federal and the state governments in a way that they are both inter-dependent and independent at the same time.
As we all know that Constitutions are organic documents which operate as fundamental law. The governments and their organs owe their origin to the constitution, derive their authority from the constitution and discharge their responsibilities within the framework of the constitution. The judiciary has the power to declare a law unconstitutional if the law is found to have contravened any provision of the constitution. The American Constitution is the oldest and a well praised example of federalism.
What are the powers granted by the US Constitution to the State Government?
Powers reserved for State Governments are:
Establishing local governments
Issuing licenses (driver, hunting, marriage, etc.)
Regulating intrastate commerce
Conducting elections
Ratifying amendments to the U.S. Constitution
Providing for public health and safety
Exercising powers which are neither delegated to the Federal Government nor were prohibited from the States by the Federal Constitution (residuary powers)
Framing other domestic law (for example, setting legal drinking and smoking ages etc.)
What are the powers granted by the US Constitution to the Federal Government?
Under the Constitution, powers reserved for the Federal Government are:
Printing of money
Declaration of war
Establishing the armed forces
Entering into treaties with foreign governments
Regulating commerce domestically and internationally
Establishing post offices and issuing postage
Making laws necessary to enforce the Constitution
What are the powers shared by Federal and State Government?
Under the Constitution, the shared, or “concurrent” powers are:
Setting up courts
Creating and collecting taxes
Building highways
Borrowing money
Making and enforcing laws
Chartering banks and corporations
Spending money for the betterment of the general welfare
Acquiring private property with appropriate compensation
What is the HR 3962 Act ?
The HR 3962 Act conceptualizes a new, voluntary, public, long-term care insurance program to help purchase services and support for people who have functional limitations. The Act endeavors to form a new national program to provide affordable coverage for those who cant get health insurance today because of pre-existing conditions. Under this, the insurance companies must spend 85 cents out of every premium dollar on medical services, thereby fostering the expansion of Medicaid and improving the Medicare. Under this, the young adults, till the age 26, are covered within their parents policies.
The Obama administration intends to attain this by creating mandates. As a self-sustaining public insurance option (that is financed not by tax dollars but by insurance premiums), this provides an alternative to and competes with private health insurance companies, on a level playing field. Additionally, the Act intends to eliminate the antitrust exemption for health insurers and medical malpractice insurers thereby fostering competition thus targeting the existing monopolies in the health insurance market. It aims to establish a new mandatory essential benefits package that shall become the minimum quality standard for employer plans, with the passage of time. The package places a cap for annual out-of-pocket spending, at a maximum of $5,000 per individual and $10,000 per family to prevent bankruptcies from medical expenses.
This Act requires the employers to either provide insurance to their employees or contribute to the cost of their coverage through the public plan/exchange, though the small businesses are exempted from this requirement.
Arguments regarding Constitutionality of HR 3962
The legal fraternity is divided between two schools of thought about the constitutionality of the Act. First school believes that the Act is unconstitutional and places reliance on Articles I 8 and V of the US constitution and on Tenth Amendment. They claim that their argument is supported by the celebrated case of MARBURY v. MADISON, 5 U.S. 137 (1803) and some federalist opinions. The second school of thought places reliance on Article I 8 and the celebrated case of McCulloh v. Maryland, 4 Wheaton 316 (1819); Steward Machine Co. v. Davis, 301 U.S. 548 (1937); United States v. Butler, 297 U.S. 1 (1936) and some federalist opinions. An in-toto analysis of these school of thoughts would conclude that the true interpretation of the word general welfare in Article I 8 of the U.S. Constitution can only determine the constitutionality of an Act like HR 3962. Till date the court opinions have been more inclined towards Hamilton (Federalist 33, 83 etc.) and Story rather than Madison (Federalist 41, 45 etc.).
Simply put, when the government mandates welfare as a quid-pro-quo for premiums collected, such welfare translates to nothing but a tax liability for the country men. Such an attempt by the government to regulate insurance sector by masquerading as an industry player is inspired from socialism. I personally feel that socialism is a Marxian concept and may not go well in an economy with capitalist foundations. The good thing is that people all over the world should buy insurance; this however turns bad when the government forces people to do so.
What are the implications of HR 3962 on the Outsourcing industry?
The object clause to the Act states that it is meant to provide affordable, quality health care for all Americans and reduce the growth in health care spending.
In reality, the act is a victim of haste. Ideally if the intention of the Obama administration and the object clause of the Act were actually in-sync then the administration should have awaited a confirmed indication of the end-of-recession. The administration should have first looked at strengthening the fundamentals of the economy, by:
better regulating the existing insurance sector,
improving the US agrarian culture and making the country self sufficient regards its food requirements,
checking the cost-of-living index and
creating more jobs in the private sector.
But if the intention is to make more and more Americans dependant on Federal Government for basic requirements, then the attempt is bang on.
Impact on the outsourcing industry:
Prima-facie it may seem complex but there are clear indications for the outsourcing industry to benefit once the HR 3962 is implemented. The benefit roots from the fact that the employees will become expensive for the employers post this Acts applicability. Now given the very competitive market scenarios, thin profit margin and the inability of the employer to transfer this increased cost to the end consumer, the employer is forced to search for the less costly alternatives. It is needless to say here that the Act magnifies the already existing labor arbitrage opportunities internationally. To appreciate the existing labor arbitrage opportunities you can refer to my older blog post.
As per the ‘law and economics’, insurance stands as one of the varieties of risk managements which significantly gets practices so as to outwit and get out of the several kind of risk of loss potentially. Insurer is the company who is selling the very term ‘insurance’. All across the globe the very term has excelled well and therefore has become tagged as one of the most lucrative trades ever. The rates of ‘insurance’ which gets used for determination of the premium amount and varies amongst each companies. Life Insurance can be named as one of the most uncomplicated instance of such. What are the various types of Insurance?
In this world there is nothing which we can predict before, thus almost everything out this world is extremely unpredictable. Thus all we need is to be always prepared for any kind of attacks or diseases. Wide ranges of policies are there which concentrates on the several field of our livinghood.
a) Health Insurance: Too many insurers are there who are offering different plans of Wayne NJ insurance. If some person who is holding an insurance on their health if meets some kind of accidents or have been hospitalized due to severe illness then the insurer will be paying all the insurances.
b) Dental Insurance: All insurances are brought down so as to disburse all kind of expenses which are especially related to the care of dental and this kind of insurance is termed as ‘dental insurance’. This category aids the patient in coping up with the sudden troubled dental case.
c) Auto Insurance: Auto insurance is also known as automobile insurance and it is explained with those type that gets purchased for the various automobile options like truck, car etc.
d) Pet Insurance: If you are having insurance for your adorable pets who is suffering from a prolonged illness, then their insurance will be allowing them to take the best care by availing the Pet Insurance since it will be allowing the pet owner with every kind of veterinary expenses. There are varieties which allow a grant in case if the pet is stolen, or is lost or even die suddenly.
e) Travel Insurance: Travel Insurance is described as the plan which is tackled for any kind of potential losses caused during your travelling to some foreign countries or to your own country. These kind of insurances gets distributed especially when there are high risks of loss, theft, evacuation emergently, damaging of any personal possessions.
f) Life Insurance: A contract is created in between the insurer and insured. As per the contract goes, if the person who is holding the insurance dies, an amount will be provided to the family of the victim by the insurer. But to receive this kind of facilities the person who is opting to be insured will be making payment of premiums either monthly or weekly to the insurer.
To many insurers are present at Wayne who are providing their services as ‘Wayne NJ Insurance’.
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This content has been taken from http://insurance-nj.weebly.com/1/post/2013/11/get-insured-with-the-wayne-nj-insurance.html
Our present world is crammed with terrorism. It doesn’t only affects peace but it also brings severe damages to the economy. There has been much written about the short-term macroeconomic impact of terrorism attacks on investors risk aversion, equity market valuations, bond yields, oil prices, aggregate consumption and investment activity and even the medium-term effects in the regulatory, trade and fiscal policy responses by governments and the private sector, but much less is known about how this potentially long-lasting heightened terrorist threat affects the stock prices of individual firms.
Some studies have argued it may reveal itself in the psychological fear of terrorism that can affect economic behavior. Let us recall the 9/11 bombing. After that terrorist attack, insurers reduced or even rendered inexistent the supply of terrorism insurance throughout the economy, delaying or preventing many projects from going forward mostly construction in large cities because of creditor or investor concerns. The unprecedented terrorist attacks on that dreaded September 11, 2001 caused massive casualties and damage and ushered in an era of great uncertainty. That shocking display of brute force also changed the way we think about terrorism and moved the topic to the front-burner of academic and public attention. One important way in which we have changed our perspective about terrorism is as a geopolitical risk that affects the global economy and financial markets.
G. Andrew Karolyi and Rodolfo Martell, examined the stock price impact of terrorist attacks. Using an official list of terrorism-related incidents compiled by the Counter-terrorism Office of the U.S. Department of State, they identified 75 attacks between 1995 and 2002 in which publicly traded firms are targets. Looking at the event study analysis around the day of the attacks uncovers evidence of a statistically significant negative stock price reaction of -0.83%, which corresponds to an average loss per firm per attack of $401 million in firm market capitalization. A cross sectional analysis of the abnormal returns suggests that the impact of terrorist attacks differs according to the home country of the target firm and the country in which the incident occurred. Terrorist attacks in countries that are wealthier and more democratic are associated with larger negative share price reactions. Most intriguingly, we see that human capital losses, such as kidnappings of company executives, are associated with larger negative stock price reactions than physical losses, such as bombings of facilities or buildings.
The passage of U.S. Terrorism Risk Insurance Act (TRIA) in 2002, with its backstop provision of up to $100 billion zero-cost reinsurance for terrorism events, was indeed an important U.S. legislative event. But sadly, it did not provide for any long-term scheme for terrorism insurance and, even today, it is not clear which course of action the industry and government is to follow once TRIA expires in December 2005. Some argue that America cannot risk a gamble on terror insurance and that renewal of TRIA is critical as a private insurance market will never develop. Some experts goes on to saying that, catastrophic terrorism risk is uninsurable by the private market because its true dimensions are incalculable, whether you live in London, Madrid or New York.
With these dramatic view realizations of the market for terrorism insurance, we can argue that it is even more important now to develop new measures of the economic consequences of terrorism events to guide policy. In this article, the stock price reaction of publicly-traded firms that have been affected or targeted by a terrorist attack providing average estimates of the losses caused by these events has been used. Karolyi and Martells’ subsequent analysis of the cross-sectional variation in the stock price reactions suggests that losses inflicted by terrorist attacks are larger when they take the form of kidnappings. They also showed that these losses are greater when the firm is located in a richer country or in a country with a more democratic regime. It is important, though, to remember that their results were obtained using only a subset of the universe of terrorist incidents classified as such by the State Department, since they are studying only the reaction associated with publicly-traded companies. Also, in their study, they opted for a simplified approach and they only studied the short-term reaction of firms to these attacks and ignored potential longer-term effects on cash-flows or cost of capital (risk premium) effects. The re-emergence of a market for terrorism risk insurance demands that insurers generate better models to assess the likelihood and potential losses derived from terrorism. Their results suggest that characteristics of the attack (kidnappings vs. property destruction) and characteristics of the country of the targeted firms provide help in assessing the losses. They hope the results presented in their study may serve at least as a useful starting point in the current debate surrounding terrorism insurance, the renewal of TRIA and the characteristics of the legislation that will replace it.
In conclusion, to put it in a nutshell, an understanding of the nature of terrorism and the magnitudes of its effects is a prerequisite for designing successful policies to prevent terror, to alleviate the costs of terrorism, or to reduce an economys vulnerability to attacks.
In terms of stress and anxiety, psychiatrists claim moving house is actually on par with getting divorced and experiencing bereavement! But some of the strain can be avoided by planning properly. If you organise yourself weeks before the move, your chances of having a smooth ride on the big day increase dramatically!
Packing
Packing all your belongings to move house can easily turn into a nightmare if you’re not organised and prepared. It can take a whole day to pack up a room full of belongings and furniture, so plan in advance and draw up a schedule of what you want to complete to give yourself targets. Packing all of your belongings can seem daunting but don’t struggle on your own; get your family and friends to help you out!
Ensure you have enough packing materials to carry all your stuff, as realising you don’t have enough boxes to carry everything is a sure fire way to increase stress levels on the big day! You should also make sure the containers you use are of good quality as old cardboard boxes have a nasty habit of splitting open at just the wrong moment!
First of all you should try and pack things that you don’t use regularly. As the day gradually gets closer you can begin packing the items you use more often so on move day you should just be able to quickly grab your last few belongings. By the time you’ve finished packing everything it will be nearly impossible to remember the specific items that are stored in each box. So clearly label each one as you fill it. This will make it easier to unpack at the other end as your removal team will know which room to put each box in.
The Garden
If you’re selling your house and you’ve got garden plants you are taking with you, you need to notify your buyers during the conveyancing process.
Before you pack the plants, leave them to dry outside so that the soil won’t be wet when the plants are packed with the rest of your stuff. If your plants are stored in breakable pots put newspaper around the pots to ensure they stay safe during the journey. Leaving the lid off the container your plants are stored in will help prevent anyone putting anything on top of them and will also ensure they get some fresh air and light while they’re in transit.
Paperwork
Filing old paperwork is no-one’s idea of fun but before you move it’s really important. Making sure you’ve securely stored and transported paper work related to your mortgage, car insurance, home insurance etc, will help you avoid falling victim to identify theft as your documents are less likely to fall into the wrong hands. It’s also a good idea to shred documents related to your old home that you don’t need anymore; as ripped up documents can still be pieced together once they’ve been thrown out.
Transport
If you’re going to move yourself using a hired van, work out how many trips back and forth you’re going to have to make. Once you know how many journeys you’ll be doing, you can plan your time on the day more accurately. Also if you’re going to have to travel through a city or town centre to get to your new home, think about how the traffic could disrupt your journey.
Children and pets
If you have children or pets it’s a good idea to organise somewhere for them to be looked after for the day, as they can often get in the way and make the whole process more chaotic. For children, moving can be quite traumatic, especially if they’ve lived in the same house for all or most of their lives. Try to ease their worries and concerns before the big day to minimise the impact the process will have on them. Keep reminding them about their new home and plan some treats once everything is unpacked to raise their spirits.
Cats and dogs become very attached to their familiar surroundings and will need extra attention and care to get used to their new home. On the moving day you should add a tag to their collar with your new phone number and mobile number. If they escape during or shortly after the move this information will make it easier for a stranger or the authorities to return them to you. If your pets have identifiable microchips make sure these are updated by your vet as soon as possible.
Try and stay relaxed!
Which ever way you look at it, moving house is a big deal but it shouldn’t be as stressful as a divorce or bereavement! If you don’t leave everything to the last minute and plan in advance the experience can run smoothly. The key to good planning is pre-empting everything that could happen to delay the process you’re trying to complete. Once you know what could go wrong you can think of solutions to overcome the delays.
Often these kinds of events are a lot easier if you’re relaxed; but if the process does end up getting stressful try to think about how much fun your house warming party is going to be, hopefully this will provide you with enough motivation to keep going!
Five Crazy But Common Car Insurance Exclusions
You buy your car insurance, you glance at the policy documents, and you assume you’re covered for all eventualities where your car is stolen or damaged. Think again.
Read through your policy documents in detail. Some insurers don’t cover injuries to passengers aged over 75. Others won’t pay out if your car is stolen by someone who deceives you into handing over your keys. A small number won’t cover damage to your car that’s caused in a road rage incident. It’s common industry practice not to provide gap insurance, so if your car is written off or stolen, you won’t receive the full amount you paid when you bought your car.
Every car insurance policy includes some exclusions. Many of the exclusions would be extremely frustrating if they happened to you, and you then discovered that you’re not covered by your insurance firm. Some of them are downright crazy. Five of the most crazy but common car insurance exclusions are:
1. Nuclear Fallout
If Britain was wiped out by a nuclear bomb and you managed to survive, you wouldn’t receive a pay out from your insurer for the damage caused to your car. This is not only because the insurance firm will probably have been destroyed in the blast; it’s because it’s standard practice for motor insurance policies to exclude damage caused by nuclear fallout.
The same applies if your local nuclear power plant explodes and destroys your car, or if your car is contaminated by radioactive waste: you will not be compensated for the damage caused.
Currently this exclusion applies to policies bought from almost all the major motor insurance firms, including Admiral, Direct Line, Aviva, Churchill, Saga, Prudential, Sheila’s Wheels, and Co-operative Insurance to name a few.
2. UFOs
Most car insurance firms will not pay out if your car is damaged by pressure waves from aircraft travelling at or beyond the speed of sound. This includes damage caused by sonic and supersonic UFOs from outer space.
If you are zapped by an alien laser-beam while driving on the motorway, your insurance firm is unlikely to cover your injuries or the damage to your car. This is because such aggression would be considered an act of war. Car insurance firms usually exclude cover for damage caused by war, civil war, acts of a foreign enemy, or revolution.
Currently this exclusion applies to policies bought from almost all major car insurance firms, including Direct Line, Aviva, Admiral, Churchill, Saga, Prudential, Sheila’s Wheels, and LV=.
3. Car Stolen by Jealous Husband or Wife
Motor insurers will not provide cover if your car is taken without your permission by any member of your household or family. This includes your spouse or partner, your children, your parents or a lodger in your home. The only exception to this rule is if you report your car as stolen to the police, and prosecute the person who took your car in court.
Currently this exclusion applies to policies bought from almost all major motor insurance firms, including Direct Line, Admiral, Co-operative Insurance, Sheila’s Wheels, and LV=.
4. Earthquakes
Fortunately for us Brits, the UK is not prone to earthquakes or tremors. However, were the worst to happen and the ground opened up and swallowed your car, or even if a less violent earthquake shattered your windscreen, it’s probable that your insurer would refuse to pay out.
A small but significant number of car insurance firms do not cover for damage caused by earthquakes. Admiral is the most notable insurer with this exception. Other insurers who refuse cover for earthquakes include Saga, Prudential, and Sheila’s Wheels.
As well as looking out for earthquakes, remember to check your insurance policy documents for the phrase “acts of God”. Sheila’s Wheels breakdown service, for example, cannot be held liable if they leave you stranded by the roadside because of an “act of God”.
5. Blind Drivers
Unsurprisingly, there is not a single insurance firm who will provide cover for drivers who can’t see. This is never stated explicitly in insurance policy documents, but insurance companies cover their backs by saying they won’t pay out for claims resulting from damage caused by “unlicensed drivers”.
Being unable to get insurance or a licence wasn’t enough to stop one blind person from getting behind the steering wheel. In 2006, 31-year-old Omed Aziz was banned from driving for three years and given a suspended jail sentence after police caught him driving on the wrong side of the road.
This exclusion seems to apply to policies bought from almost all motor insurance firms.
How do you make sure you’ve got the best possible insurance cover for your car? Firstly, don’t just choose a policy based on price. Research what’s covered and what’s excluded by each company you’re considering. Secondly, if the level of cover you want isn’t available from standard car insurance firms, consider taking out extra insurance, such as gap insurance, from a specialist insurer.
Car insurance exclusions are usually not that hard to find, you just need to have a look at the rarely-read policy documents.
To be sure you’re not hit by a nasty surprise when you need to make a claim, make some time to read through policy documents when choosing your car insurance. Most insurance firms make their policy documents available online as a free download.