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Impact Of Health Care Legislation Hr 3962 On The Outsourcing Industry

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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.

How You Can Benefit from Black Box Insurance

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Most young people know that finding car insurance–and more importantly, finding a way to pay for your car insurance–isn’t an easy task. Inexperienced drivers can seem like a liability to insurance providers because you haven’t had the chance to prove that you are trustworthy behind the wheel. Often, young motorists have to pay premiums up to four times as expensive as those that experienced drivers are subject to. From the perspective of the insurance company, this bit of age discrimination is fair because they need to protect themselves financially if you were to file a claim. For you, however, these astronomical fees could prevent you from being able to start driving. After years of struggle, insurance providers have found a way to reach a compromise with younger motorists. Black box insurance plans calculate your rates based on how well you actually drive, using complex technology to track your performance behind the wheel. This type of policy could be the godsend you were looking for to finally attain affordable car insurance.

Every black box insurance plan is a little different, but they all use a similar piece of equipment. A small, “black box”–named after the device that tracks airplanes in flight–is installed into your car, and it uses telematics technology to keep track of how you drive. On a basic level, the black box is a GPS tracker, but it also has an accelerometer inside of it–much like the one in your smartphone. The device is able to keep track of a wide array of data, which it reports back to your insurance provider. The information available from the black box includes how often and how far you drive, how well you obey posted speed limits, how smooth your acceleration and braking tend to be, and how well you handle turns and corners. Knowing these details about your driving habits, your insurance company will be able to tailor premiums to fit your performance.

The way that your driving affects your rates varies among providers. Some black box insurance policies will give you a base premium that can either go up or down each month depending on whether the telematics device reports positive or negative information about your driving habits. Many insurers will allow you to track how you are doing on their mobile app or website so that you know what you need to improve upon. At the end of each month, you may be rewarded with a certain number of points, which translates to your rates increasing or decreasing.

Other plans work a little differently in that the main reason for the black box is to limit how often you are on the road. Studies have shown that the more often you drive, the more likely you are to get into an accident, so some insurance providers limit the number of miles you are allowed to drive each year (and use the black box to make sure you don’t go over your allotment). Common limits for these telematics plans are 6,000, 8,000, or 10,000 miles per year, and you will often be allowed to bump up to the next tier if you are about to go over–though your rate will go up when you increase your mileage. Under these plans, young motorists are rewarded for their safe driving with bonus miles that they are given for free.

Other insurers will quietly use the device when you are just beginning to drive, without it immediately having a positive or negative effect on your rates. Often, these companies will gather all the data over your first year as a customer and then take that information into consideration when you are renewing your policy. If you have been driving safely, you might see a hefty drop in your premiums–often by as much as 50 percent over the first few years. On the other hand, poor drivers will tend to see their rates increase beyond the already astronomical levels. In this regard, you are taking a bit of a risk by opting for a black box insurance policy, but it’s one that will pay off as long as you put the effort into driving responsibly.

Insurance Tips California Homeowners at risk because of Insurance Policy Misunderstandings

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Imagine a worse case scenario situation where there’s a massive earthquake and your house crumbles, taking with it everything you have worked for and treasured. You call your insurance company so you can start to rebuild your life and instead of being guided through a claims process, you are instead informed that your California homeowners policy does not cover damage caused by earthquakes and you are left with nothing but a pile of rubble and an unpaid mortgage!

This is the situation millions of homeowners could find themselves in should the worst happen, simply because many of us don’t understand what our homeowners policy offer. Many California homeowners will presume, due to the high risk, that earthquake coverage is automatically provided, but in most cases this is sadly not the case.

Homeowners insurance can be confusing and complicated. Most people know they need it, but don’t know exactly what is and is not covered when they sign up. A recent poll suggests that four out of every ten people surveyed don’t know what their homeowners insurance policy covers. For example, more than 2 in 5 wrongly believe mold damage is covered by a standard homeowners policy. In other cases Homeowners policy holders underestimate their insurance, with 73% unaware that items stolen or damaged in a vehicle are covered. Perhaps to be taken more seriously by California homeowners, the study shows that 51% of respondents are unaware that Earthquake protection is not covered by standard California insurance policies. On the bright side, 90% of Californians do know that fire damage is covered by their homeowners policy, while 72% know lawsuits from injured visitors are also covered. However, to get the best from our policies, it is important that we understand what we are each entitled to.

There’s a lot of confusion, misunderstanding and misconceptions surrounding home insurance which could lead to serious and costly consequences. It is human nature to not want to think about the unthinkable happening, so most people buy insurance and don’t take the time to understand or update it. However, in the event of a disaster or emergency home owners may find that their insurance policies will not cover their costs and have to fork over their own money, which in turn could result in a debilitating financial situation. Even a simple case of Mold damage repair can cost tens of thousands of dollars.

While Californian homeowners must take some responsibility in knowing what is and isn’t covered by their insurance policy, insurance is not typically expressed in a way easily understood by the general population. It is in the homeowner’s best interest to protect themselves, their properties and possessions. Unfortunately the only way to effectively do this is to take the time to read and understand your insurance policy documents and if you have any questions or doubts to contact your insurance company and get a confirmation (preferably in writing) as to what is and is not covered. The better prepared you are, the less likely you’ll get any nasty surprises.

**Article is free to be reprinted as long as bio remains**

Sargeant Insurance is located in Los Angeles, CA. We specialize in personal and business lines insurance.Request a quote online by visiting our website at www.sargeantinsurance.com . Also, be sure to sign up for a monthly news, exclusive offers and tips at http://eepurl.com/tMPkL

Things To Take Into Account When Choosing An Existence Insurance Coverage

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In te event ou haven’t evertheless purchased insurance coverage policy nd ar at te moment thinking bout the advantages f 1, now may be the greatet time and energy t start ff purchasing. Planning fr our long term hich of yur own loved nes is dependent upon intelligent judgements, pecifically i life insurance coverage policies, hich tips culd help you alng te procedure.

Many individuals purchase phrase life insurance coverage hen tey’re young because it’s inexpensive. ther people a convinced t get entire life insurance coverage, hich, contrary t word, has a income importance nd may resumably be viewed as bein an expense. If you’re in god health, phrase is ofte the ideal mportance. ry and lock in phrase insurance plan for or greatst achievable timespan ou will find. When t finishes, if you’e continue to n goo health, maintain loking for phrase. Quite ften, entire life will e more high-priced, bt as yo age roup, term daily life my also get very costly to pay for the unavoidable medical issues tt ma surface. Recall: term life s long as it sems sensible ratewise, thn move to entire life.

ver individual shold considr life coverage. Ths can be a fantastic assist hen a family mmber passes away. It ill help to fund the death elated expenses nd allws a whil t the instant household to recoup fom te damage. Opt for an insurance company ith an excellent track record ad fast transaction history.

e sure t read vr eery oe f the details abut the life insurance plan tat your business offers. You might fd that t oes not be nough. Yu rally should spend money n ne mr policy to ensure tht your loved ones wll hve ample cash n case there is our transferring.

Read all te fine print from te coverage before you sign n th line. Reall know wat savings, exclusions, inclusions, n ny ther smll print is included n the arrangement. You might find tat yu wll discover a no payment clause for pre-resent ailments. Vey careful studying ill hel you ensure tht your sweetheart cn get the funds thy are going to require.

lso visit my site :: over 50 life insurance e sre yo inform te fat when lookig fr life coverage. The organization ou miht e obtaining an idea ith ill probaly verify how the infomation and fat offered n yor program i definitely the reality. eing caught inside a lay uing these organizations coul keep ou from acquiring life coverage.

hen selecting insurance coverage guidelines, ensure o aware of the distinction etween phrase and permanent life insurance coverage. Term insurance s seful fr a set up period – hen t finishes – te insured will not acquire advantages. ong term insurance coverage, hile more expensive, accumulates income alue an is assured to remain in push, as log as the insurance policy monthly payments eep n.

f yo want to spend less n your lifestyle insurance plan, o must strive t improve ur credit. Fr thos who ave low credit rating, o shoul spend greate rates tn anyne ho has ood credit. Te reason eing since a individual uing a very low credit rating s a geater risk to an insurance firm o onsequently, e o he must spend geater costs t mak p fo thi threat.

ven tough yo hav some price savings to pass trough o, ou shouldn’t feel tat thi is sufficient t protect yur expenditures nd support yor loved ons ot when you’e eliminated. ecause of te dying tax a wll as other factors, ur cash may well acquire man years to alter hands. Investing in a life coverage policy ill ensure your loved oes hs ot th cash easily.

Hae your health background all set we loking fo an existence insurance plan, ecause hanging round close t could be a headache fr eveyone. ou ow that they’re planning t ak for our medical history, and exept if ou’ve held record of t oneself, th hospital’s records process mght acquire months r several weeks to obtan it to yu personally.

hen preparing fr any life insurance healthcare test, mke ure o comply with all directions carefully. Concurrently, stay ell hydrated th time efore the examination ad stay cautious of te thins meals ou eat. Gettin bth of thse activities can effct bloodstream board outcomes d help yu be iven a much etter category n insurance coverage ranking.

Check ut your life insurance plan annually. Each and evry time yo have a major daily life celebration, tere exists a possibility tat on ting inside te prepare will hve t be changed. By way of xample, n case you hav an infant, yu mght eed t increase your policy whch mens yur loved one my have wat tey nee hould yo pass away.

s we discussed, tere e several tings to conider whil yo are shopping fo life insurance coverage. Don’t ust jump in and purchase fom our firt company you choose ot of the phone book. Learn mre about ths issue n yo could mke a well informed determination fr that good of yor respective household.

Claim Settlement Record Of Indian Insurance Companies

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An insurance contract between the insurance company and the insured is one of trust. The moment of truth in this relationship appears when there is a claim by the insured (in the case of a non life policy) or by the dependents (in the case of a life insurance claim). Till that moment comes, everything is hunky dory- premiums are being paid regularly by the clients, and the insurance company is only too happy receiving them. However, the moment a claim appears, an insurance company proceeds to evaluate the claim closely, as every claim paid out is an expense for the company, hurting profitability. Thus, there is a basic conflict here: the insured wants the maximum claim to be paid, while the insurance company would like to reduce the claims outflow to the extent possible.

From a customers point of view, it is very important to study the claims settlement history of a life insurance or a general insurance company before deciding to purchase an insurance policy from that company. During the sales process, the sales representatives will be all sugar and honey so that the prospective customer signs up. But the fact of the matter is that if the insurance company you are considering has a bad history of claims settlement, there is a high probability that you will face a claim rejection or reduction when the time comes for you or your nominees to file a claim.
We had a close look at the claim settlement data of the various insurance companies. This is what that data tells us:

LIFE INSURANCE: Apr 09-Mar 10

Life Insurance Company
Total Claims (%)
Claims Paid (%)
Claims refused (%)
Claims pending at year end (%)

LIC
100
96.54
1.21
1.41

Private Insurers
100
84.88
7.6
7.48
Total
100
95.24
1.93
2.08

NON LIFE INSURANCE :Apr 09- Mar 10

Category
Public Sector
Private Sector
Total
Fire
81
73
80
Marine
76
86
78
Motor
88
80
85
Health
120
92
111
Others
57
57
57
TOTAL
88
80
86

The table above clearly reveals that the Public sector insurance companies are more generous in terms of paying claims. The life insurance data shows that LIC pays almost 97% of the claims while the private life insurance companies pay about 85% of the claims. The same pattern is revealed in the non life insurance sector also where on an overall basis, the claims ratio of the public non life companies is higher than that of the private general insurance companies. However, one needs to be careful here before jumping to a conclusion. It could very well be that in the public companies are sourcing the wrong kind of business with lax underwriting norms, whereas the private companies would be more stringent at the entry time itself. However, the worrying part is the claims denied ratio of the private life insurance companies which is over 7%. In the case of a life company, the claim is a death. There can be no ambiguity here- someone is either dead or alive. The repudiation figure of 7% seems mysteriously high here.

In the next post, we will delve deeper and look into the claims breakup at the individual private company level.