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Supreme Court to Hear Challenge to Obamacare – What You Need To Know

by Whitney FaberFebruary 23, 2015November 15, 20191 Comment

The fate of the Affordable Care Act will once again be in the hands of the Supreme Court next week when it will hear arguments focusing entirely on just four words in one section of the health care law.

On March 4, the justices will gather to review the case King v. Burwell, which focuses on the federal subsidies in the form of tax breaks millions of Americans receive to afford their health insurance.

What the case is all about:

Currently, 16 states plus the District of Columbia have established their own health care exchanges, while the remaining 34 states use the federal government exchange, HealthCare.gov.

This case focuses on the words “established by the State” in a subsection of the law, which those bringing the case say make clear that subsidies are only available to those individuals living in the states that have created their own exchanges.

This would mean that those who have benefited from tax credits from the Internal Revenue Service in states that only have federally run exchanges should not have received any assistance.

Should the Supreme Court rule that the IRS was wrong in offering tax credits to individuals in these states, more than 5 million people will no longer be eligible for the subsidies.

What this will mean for the Affordable Care Act:

A ruling against the government would not abolish the Affordable Care Act but it would cause some more than significant problems. Millions of people depend on their tax subsidies to afford coverage. If these people lose or cancel their insurance, not only will they be at risk because of their loss of benefits, but also the individual market premiums will spike due to the decreased number of healthy people in the pool.

Any steps for fixing the law then would be left to the GOP-dominated Congress, of which many members have already been working to break down some of the ACA’s requirements.

What the law’s opponents say:

The people challenging the law say that Congress intentionally limited subsidies in order to encourage states to create their own health care exchanges. However, when only a few were able to do so, the IRS attempted to rectify this issue by granting subsidies to everyone, whether a person lives in a state with its own exchange or one that depends on the federal government.

“If the rule of law means anything, it is that text is not infinitely malleable and that agencies must follow the law as written – not revise it to ‘better’ achieve what they assume to have been Congress’s purposes,” wrote Michael Carvin, a lawyer for the challengers, in a court brief.

What the law’s supporters say:

The administration affirms that consumers in all 50 states are eligible for tax credits from the IRS, as Congress would never have passed a law that omits so much of the nation from receiving its benefits.

They say that attempting to isolate and analyze the meaning of four words within a massive law ignores its clear overall intentions. Several portions of the law indicate that consumers can claim tax credits regardless of where they live, as the central purpose of the law was to make health care affordable for all Americans.

For more information, read the article by Ariane de Vouge with CNN and the article by Mark Sherman with the Associated Press this post summarizes.

Tom Quigley Explains How to Use Tax Law to Save on Health Insurance

by Whitney FaberFebruary 16, 2015November 15, 2019Leave a comment

A lot has changed for small business when it comes to providing health care.

With this in mind, business coach Laurie Althaus spoke to National Business Consultant Tom Quigley about what business owners can do to significantly cut health care costs using new — and some old — tax laws on her online radio show.

Now and Next Radio seeks to highlight businesses that are making a difference in the world, a primary focus at ClaimLinx. Listen to the full interview or read some of the highlights below.

Tom Quigley: We’re showing people here at ClaimLinx how they can reduce their health insurance costs and provide better benefits to employees taking advantage of the new tax law that everyone was blessed with called the Affordable Care Act.

Laurie Althaus: That affordable care act, how does that apply to small businesses?

TQ: Well, every small business owner has the decision to make, whether to offer benefits or not, and there’s a lot of misinformation out there for smaller businesses, those under 50, that they have to offer group health insurance or they cannot offer benefits at all.

What we’re trying to help people understand is there’s better options than what the insurance agents and insurance companies are offering in terms of their product to the consumers. We’re taking advantage of tax laws that have been in existence since 1954, and we’re taking advantage of laws such as the Affordable Care Act and tying it all in to provide a better benefits package that fits small business owners.

LA: So this is all based on a tax law, and you mentioned that the tax law was created in 1954 but then new legislation recently, that was around the health care act. Do those two coincide, or are they separate?

TQ: The tax law that I’m referring to from 1954 is the same tax law that Proctor and Gamble, General Electric and any self-funded health insurance plan in America uses. What people don’t realize that a small business owner can use it also. What we’re doing is showing people how to use it more efficiently than what Proctor and Gamble or General Electric does, using the Affordable Care Act. There’s certain things in this country that nobody should be doing today. But unfortunately they’re being advised to keep doing the same things over and over again. And I believe Mr. Webster and his great dictionary states that’s the definition of insanity.

LA: Yes, we talk about that a lot, don’t we Tom?

TQ: Well, we know that I’m insane. We just didn’t know that the rest of America is.

LA: What do you find as the biggest challenge in selling the solution, or offering the solution?

TQ: Basic math sometimes does not prevail. What we need to focus in on health insurance is this: everyone who owns a home generally doesn’t buy plumbers insurance; business owners who own company cars don’t buy oil change insurance or gasoline insurance. But for whatever reason, they buy those benefits on their health insurance directly from the insurance carriers instead of doing it themselves. And what the law allows, the Section 105, is for the employers to self-fund items they don’t want to buy insurance on. And the law allows it to be tax-free to both the employer and the employee.

Schedule an appointment now to go over your company’s options for saving money.

7 Foods That Will Have You Feeling Good

by Whitney FaberFebruary 12, 2015January 18, 20233 Comments

When it comes to health, there’s nothing more important than diet. The right foods can help fight colds, allergies or even prevent memory loss. Check out these seven tasty items that will help your body stay in tip-top shape.

Fish –

Salmon, mackerel, tuna and other fish are packed with omega-3 fatty acids, which are heart-healthy and help improve brain function.

Nuts and seeds –

Chock-full of vitamin E, sunflower seeds, almonds and peanuts help reduce allergic response to help clear up itchy eyes and stuffy noses.

Fermented foods –

Boost your immune system with foods like yogurt, kimchi, miso and tempeh, which all contain beneficial bacteria, or probiotics.

Avocado –

Rich in vitamin E and the antioxidant powerhouse vitamin C, avocados are just generally healthy and are also associated with a lower risk of developing Alzheimer’s.

Berries –

Recent research shows berries may help fight age-related cognitive decline and prevent immune cells from releasing histamines that cause allergy symptoms.

Whole grains –

Swapping white rice and pasts for their whole-wheat counterparts helps reduce acid reflux and heartburn because of all of the insoluble-fiber that get things moving in the body.

Leafy vegetables –

Kale and spinach are superfoods rich in vitamin A, which keeps germs out of the body keeping you from getting sick, and folate, which protects your brain.

Read more on health.com about the foods that will make you feel better and improve your brain.

5 Steps For Managing Staff as Adults, Not Children

by Whitney FaberFebruary 10, 2015November 15, 20191 Comment

For many managers, overseeing a staff can sometimes feel more like being a parent than an overseer and adviser of adults.

Because of this dysfunctional work relationship, many businesses are unable to realize their full potential as creativity and productivity suffer.

Parent-type managers make too many decisions for those who work for them. In turn, employees who operate in the child position ask permission for almost any action, especially those that could be controversial or break away from the status quo.

You can break this cycle at your company by taking these steps:

1. Get real with yourself – Determine if psychologically you’re operating as a parent by asking yourself how often your employees ask you to make decisions for them, if you’re constantly trying to change your employee’s behavior or how difficult it is to get straight answers from your staff.

2. Stop calling the shots – Break the pattern of making all the decisions by instead asking your employee what he or she thinks. It will be difficult at first, but eventually staffers will become more confident and stop coming to you.

3. Ask for needs – There are always ways to increase your employee’s productivity and skills. Ask your staff what they would need in order to perform their job better.

4. Go macro – Good managers oversee projects on a macro-level, keeping an eye on the overall goals and objectives. Parents are constantly supervising individual tasks. Treat your employees like adults and let them figure out how to achieve their job goals on their own.

5. Risk Failure – If you’re a control freak when you’re managing, you’re probably acting more as a parent. Adults have to be willing to accept the possibility of failure and then be able to move on to the next project with more knowledge from the last.

For more information on managing employees, read the article by K. Palmer Hartl this post summarizes.

Millions Of Anthem Customers’ Information Exposed In Massive Hack

by Whitney FaberFebruary 5, 2015November 15, 20191 Comment

Anthem Inc., the second-largest health care insurance provider in the U.S., announced late Feb. 4 that hackers breached company computers gaining access to customer and employee information, including names, Social Security numbers, addresses and employment data.

Anthem, which has a database containing information for about 80 million people, has not yet officially released how many people were affected.

However, the Wall Street Journal reported earlier that number is suspected to be in the tens of millions, which would make this the largest data breach involving a U.S. health insurer so far in history.

Initial investigation indicates credit card numbers as well as medical diagnosis and treatment data were not exposed. As the company examines the security breach, it will be sending letters to affected customers with appropriate next steps.

President and CEO, Joseph Swedish, expressed his unease and sense of urgency concerning the investigation in a letter on the dedicated informational website the company created.

“We join in your concern and frustration, and I assure you that we are working around the clock to do everything we can to further secure you data,” he wrote.

Anthem said it immediately took steps to close its security vulnerability, including reporting the attack to the FBI and hiring the cybersecurity firm Fire Eye Inc. The company will also be offering free credit card monitoring and identity protection services for those affected.

“The nature of this breach is especially troubling as it strikes at the heart of the individual’s personal information,” said Rep. John Ratcliffe (R-Texas), who chairs the House Subcommittee on Cybersecurity, Infrastructure Protection and Security Technologies.

Security experts say cyber criminals are increasingly targeting the $3 trillion U.S. health care industry, which is particularly vulnerable because of its reliance on ageing computer systems that do not have the most up-to-date security features.

“This attack is another reminder of the persistent threats we face, and the need for Congress to take aggressive action to remove legal barriers for sharing cyber threat information,” said chairman of the Committee on Homeland Security, Michael McCaul (R-Texas).