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They wouldn’t be subject to the Affordable Care Act’s individual mandate, which imposes a financial penalty on people who decline affordable coverage. But they wouldn’t have insurance to pay their medical bills, either.

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“Some people in this country will have no options for coverage,” White House Press Secretary Sean Spicer warned in his daily briefing on Wednesday.

But Iowa’s struggles represent what is happening in only some parts of the country. In just the last few weeks, a pair of reports one by S Global Market Intelligence and one by the Henry J. Kaiser Family Foundation showed that, overall, insurers saw better financial results last year, following rate hikes necessary to correct for “underpricing” in the first two years of the program. Multiple analysts have said they think the program is on a trajectory for stability in most of the country, even though most insurers are barely at a break even point, if that.

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“In Iowa, there seem to be a lot of relatively healthy people holding on to plans that aren’t compliant with the Affordable Care Act,” Cynthia Cox, an associate director at the Henry J. Kaiser Family Foundation, said. “This can make the ACA market higher risk and less attractive to insurers. We’ve seen that states where these non compliant plans were allowed had sicker exchange markets on average.”

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moncler outlet store These problems aren’t new. Last year, Arizona was in danger of losing non group insurers for 2017. Eventually one insurer came back into the state, thanks in part to aggressive action by officials in the Obama administration, who spent much of their time over the last few years nurturing the program and working with insurers to keep them participating. moncler outlet store

But the Obama administration isn’t in charge anymore and the change is perceptible: President Donald Trump has suggested collapse might be good for Republicans politically, and the president and his advisers have repeatedly threatened to withhold a key set of subsidies that insurers need to cover their costs.

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In Washington on Wednesday, one insurance industry official interpreted Medica’s emphasis on “stability” as a thinly veiled plea for the same thing.

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In a follow up statement released late Wednesday afternoon,Geoff Bartsh, Medica vice president for individual and family business, called on state and https://www.thebeastmark.com federal officials to “confirm the rules of the road, and that they are stable through 2018” an apparent reference to those insurance subsidies.

Republican sabotage of the Affordable Care Act is nothing new, and could well be a factor in Medica’s problems. In 2015, Republicans went on a crusade to eliminate funding for something called the “risk corridor” program a mechanism designed to insulate insurers from massive losses during the first few years of the program’s implementation.

They succeeded, even though similar programs have long existed without controversy in programs like Medicare, and as a result, insurers ended up taking huge losses that still haunt their officials today.

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Of course, even with attentive management, the Affordable Care Act would need some combination of reinforcement or repair, as multiple insurance officials and even the program’s defenders admit. Particularly in those rural areas where insurers have struggled, insurers may need some kind of mechanism beyond what’s already in the Affordable Care Act to make their risk pools more stable.

Bartsh, in his follow up statement, alluded to two possibilities. One would be a “high risk” pool, a special insurance program that would handle the most expensive to insure beneficiaries. cheap moncler jackets This is something that Republicans in Washington have discussed creating, albeit as part of legislation that would repeal the Affordable Care Act.

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The issue in Darst v. Interstate Brands Corp., No. App. LEXIS 489 (7th Cir. Jan. 11, 2008) was whether a three day period cited in support of the employee’s termination should have been protected by the FMLA. The employee suffered from alcoholism and went on a moncler outlet sale three day bender when he was not scheduled to work. After the bender, the employee called his physician and a local hospital seeking alcoholism treatment. Four days later the employee was admitted into the local hospital for treatment. In the interim, he missed three days of cheap moncler coats work.

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[T]reatment for alcoholism begins when the patient takes the first step towards seeking professional help. Accord to Dr. Pfeifer, this includes the first phone call to the health care provider seeking evaluation, treatment or referral. Based on his training and experience as a medical doctor, Dr. Pfeifer averred that Chalimoniuk’s treatment therefore began on July 29, when he first contact4ed his physician’s office.”

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In Sons v. Henry County, No. Dist. Oct. 31, 2006). the court refused to dismiss an employee’s claim that her FMLA rights were violated when the employer denied her request for FMLA leave to avoid taking a mandatory drug test that she knew she would fail.

Sons worked as a 911 operator for Henry County’s Sheriff’s Department. Established County policy provided that employees would be randomly selected for drug testing. Employees were subject to termination or other discipline for violating criminal drug statutes, failing to appear for drug testing, or attempting to provide a false test sample. Sons had moncler outlet online passed three or four moncler outlet prior drug tests.

moncler outlet jackets On December 18 she was notified that she had to submit a urine sample as part of a drug test. She met with her supervisor and admitted to using Addreall and Prozac. She failed to mention that her use of Didrex. She did not have a prescription Addreall. Her prescription for Didrex had expired several years before. She asked her moncler mens jackets supervisors if there was any https://www.moncleroutletsite.com way she could file for FMLA leave instead of taking FMLA leave “to try and get myself taken care of.” Her request was denied. She took the test but could not produce a sufficient urine sample for analysis. The next work day she took another drug test, which came up positive for methamphetamine. moncler outlet jackets

Sons met with her supervisor and the County Sheriff about her positive test. She admitted she did not a prescription for Addreall. She did not provide a prescription to her supervisors for the Didrex, but sent one to the Lab that conducted the drug screen. Sons altered the date on the prescription she sent to the Lab from 1999 to 2003 in an attempt to make the prescription look more recent. After initially denying it, she admitted to the Sheriff and her supervisor that she altered the prescription. She again asked for FMLA moncler outlet store leave, this time stating that it was on the advice of her doctor at the drug rehabilitation center. Sons subsequently resigned before the results of a pending monlcer down jackets investigation of the situation was completed. She sued Henry County alleging that it violated the FMLA by twice denying her request for FMLA leave, and by constructively discharging her.

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The Court rejected the employer’s alternative argument that Sons’ oral notice was insufficient because it failed to alert the employer that she had a qualifying reason for taking leave. The court initially observed that employees must generally give “some indication that the employee actually has a qualifying reason for taking leave, like a serious health condition. However, an employer’s actual or constructive knowledge of an employee’s condition can satisfy the employee’s obligation to mention explicitly a serious medical condition in her initial notice.”

Here, the court found sufficient material facts in dispute whether Sons’ supervisors were actually or constructively aware of her substance abuse problem to preclude dismissal of the case. In support, the court cited the employee’s admission to her supervisor that she consumed Adderall, a class II controlled substance that was not prescribed to her. The court also noted that at the time she was denied leave for a second time the Sheriff knew that she had failed a drug test.

Comment: I find the decision interesting because the court appears to moncler sale outlet seriously entertain the employee’s attempt to invoke the FMLA as a means to deliberately avoid having to take a mandatory drug test. Appearances, however, may be deceiving. The court ultimately awarded summary judgment to the employer because Sons was unable to demonstrate that she suffered any monetary harm as a result of the denial of FMLA leave. The court noted that Sons remained employed and received pay until she resigned. Generally, absent actually damages, an employer’s violation of the FMLA will not support a civil suit.

moncler outlet uk is not a separate FMLA covered serious health condition. may be an FMLA covered serious health condition where it meets one or more of the definitions of an FMLA covered serious health condition. Where it meets one or more of these definitions, FMLA leave is only available for treatment. It is not available for the employee’s use of the substance. moncler outlet uk

moncler jacket sale The court rejected Sons alternative argument that she would not have resigned if the defendant had granted her FMLA leave. The court noted that the evidence established that Sons’ resigned to avoid a public disciplinary hearing, not the buy moncler jackets denial of FMLA leave. Additionally, the court noted that she would have likely been discharged for violation of the County’s substance abuse policy. moncler jacket sale

moncler sale outlet Viewed in context, the consideration given by the court of the employee’s admitted attempt to invoke the FMLA to avoid taking a drug test she knew she would fail appears to have been influenced by the dismissal of the case on other grounds, and the factual presumptions favoring the non moving party (in this case, Sons) in summary judgment motions. With that said, the decision would have denied summary judgment to the employer for an employee’s admitted attempt to defeat an employer’s drug testing policy by requesting FMLA leave to seek immediate treatment. The denial of summary judgment means that the case will likely proceed to trial. Trials are very expensive. Such expense may motivate the employer to settle. In that sense, the decision should be helpful to employees. moncler sale outlet

moncler outlet store The decision implies that, all other conditions having been met, an employer would violate the FMLA by disciplining an employee for refusing to submit to a drug test where the employee has properly invoked their right to immediate FMLA leave for substance abuse treatment. Of course, the employee could be disciplined for violating the employer’s policy for the admitted use of illegal substances that gave rise to the immediate need for FMLA leave. moncler outlet store

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