Archive for the ‘Law Ethics’ Category

health-insurance pseudo-monopoly legislation?

Monday, November 23rd, 2009
aabdis asked:


I am trying to find out what the legislation is (preferably with a bill number i could look up) that limited the health-insurance agency so that we only get a small handful of plans from an even smaller handful of providers and leaving them the effective monopoly-style market we currently have.
Wow, quick answers! Never used Y!A before.

Anyway, I’m from NY. I’m primarily asking as someplace to start understanding the current state of health insurance, and the public debate over options.

I’m curious where the limit comes from that prevents companies from selling different plans in different states. That is a state thing, not federal?

I understand economies of scale and all… reduced costs with increased production, minimizing overhead.
But it seems to me a large part of our current problem is that we have really no options, due to limited sales (whoever’s doing the limiting). Since we have no real ability to shop around right now, there is no incentive for companies to try to meet customer needs and desires, and so we just get stuck with whatever craptastic plans they want to offer us.

I’m just trying to start to put together a better understanding of the current relevant legislation and the situation.

Drug companies and insurance companies run America’s Health care system! Enough is enough! right?

Saturday, November 14th, 2009
mandi_85reform asked:


Its time to march! We will not be scared off by the government in their quest of manipulative scare tactics! Propaganda at its finest! We have the worst health care for an industrialized nation, one of the lowest life expectancies for an industrialized nation, and the highest infant mortality rate! Joseph Kobbel really knew what he was doing…. Our nation is taught to think we are the best… but we aren’t… Are we really a FREE nation? Many other countries have freedom of speech… not just us folks! We are controlled by a free market! One that allows the growth and expansion of corporate powerhouses and does little for its citizens. Drug companies are the worst, and that’s where it really can get us! No wonder other countries think we are so backwards. I love my country! I want to best for it! This is not an America **** speech! We deserve better!

Organizing a Group of people to help in these efforts. Looking for ambassadors in each state to help! if you are interested, send your information and a 2 paragraph essay of why you fit the role of ambassador for your state to mandi_85reform@yahoo.com. Anyone can join, my ambassador selections will be sent to those on the mailing list on May 1! If you would like to be on the mailing list send your name and email address to the above address as well and indicate whether you would like to be appointed to your local ambassador.

What little things can we do to send a strong message to these drug companies, insurance companies, and the lobbyist that support them?
Please star this question to keep it going!
I don’t feel that it will be worse… nothing can be perfect … doctors will actually get bonuses based on how well they are with their patients. Getting proper care under the free market is much harder. Tests and medicines are too expensive for the average person in their older age, and even if you have good insurance, the company itself will seek any way to not pay for it! Whether it be pre-existing conditions or a nickel we owed them 10 years ago.

Is There Any Way a Public Option Could Be Done Rationally for Health Insurance?

Friday, November 13th, 2009
dolphin314etc asked:


It can’t be like the Bad Bank idea, where all the bad loans go to be taken off the books of other banks — all the toxic assets are bought up by the Bad Bank — It can’t be the Crazy Government Insuror who covers everybody, no matter how risky, no matter if they can pay or not.

So, OK, then how could it be? If a rational person were hired to come up with a plan for a Public Option Health Insurance Arrangement, what the heck would it look like.

Rational here means able to create an economically self-sustaining policy, it does not mean drunk on fake compassion based on giving away other people’s money (the Liberal sort of idea of rational).

Ten insurance companies, each with, say One Billion in capital invested by the Treasury — so all the shares of all ten companies are held on the Treasury Balance Sheet.

The companies are told to 1. At an absolute minumum break even. 2. If possible make a profit. and 3. If possible make a large profit. and 4. Do not write insurance for people who cannot pay premiums consistent with the risk of that insurance agreement. If people have pre-existing conditions, do as the private insurors do a) make them wait a year or two for coverage of those conditions, and b) when they do get coverage charge them a premium based on their true risk going forward. 5. Remember, your task is to compete with the private insurors, but make a profit if you can, and do not be the Crazy Government Insuror (like the Bad Bank).

Now, out of the 10 some will run through their capital ($1 Billion) and fold — and when that happens each and every employee and executive should be fired and permanently barred from further service in the Federal System (that way they have some skin in the game).
No additional capital will every be made available, from the US government, to any of these 10 firms. They cannot operate on a lid off infinite money supply basis, or they will just be the Howard Dean Money Machine, that hands out freebies to everyone on the street, like up in Vermont, where all the money machines operate that way, so you should really go up there.

Maybe 2 or 3 of the firms will make a profit. If this happens, a goodly share of it should go as bonus money to the execs and employees of that firm. They won for Uncle Sam and for their nation. So, they get a bit extra — not like Wall Street Bankers, but better than the average civil servant — so look for 6 figure bonuses, but not 7 figure.

Maybe five of the firms would operate around breakeven. Their business models are viable, but not hugely remunerative. That’s OK. We want them there. We want their heads above water at all times, and we are not adding money, but as long as they can hang in and write good policies, which they can get underwritten, and re-insured, let them practice their craft — let them serve — they also serve who just serve, without making any significant profit. Blue Cross sort of operates that way. Bless them!

This would be a rational system. It incorporates the idea of experiment and diversity (10 firms). It punishes failure (fairly harshly). It rewards success (with a generous hand), and it sustains those who just serve without big losses or profits.

It has a fixed up-front cost ($10 Billion). Excellence and only excellence should decide who gets to play with that money. No quotas, no timetables, no civil service extra points, no veterans preference — Straight excellence, nothing else — it’s business not PC LoveFest time.

My guess is that over ten years 10 to 20 million people could be taken out of the problem by this plan (very cheap). I think that after fifteen years only 3 or 4 of the government insurors would be left — they would be the Darwin-Strongest with the Smartest Most Viable Business Models. It should be possible to scale them up using private market capital raised on Wall Street, or in Peking, or Dubai.

Quod Erat Demonstratum
Let’s make this question a No Clowns Zone. OK?

I’ve tried to be serious and original in my question. How about if people who can’t even read it, please just don’t bother to put up a post. Have you no shame? For 2 points are you really willing to bozo around on this issue at this time? Do you ever expect to be taken seriously in your life? Have you ever been? This is a question for serious people. It’s a solid question, based on an original idea of mine. Comments on it could be authentically useful, if people are willing to care, think, and work a little. My posts are read by a lot of people in Washington and repeated in a lot of places on the internet. So how about the clowns go elsewhere, just on this question, please don’t post jokes and insults.

What information is legal to receive from a licence plate? In Nebraksa?

Friday, October 30th, 2009
b2364 asked:


Following are the DPPA reasons that allow requesting Motor Vehicle information from the DMVs

(1)
For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its functions.
(2)
For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers.
(3)
For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only –
(a) – to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(b) – if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
(4)
For use in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a Federal, State, or local court.
(5)
For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals.
(6)
For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating or underwriting.
(7)
For use in providing notice to the owners of towed or impounded vehicles.
(8)
For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection.
(9)
For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver’s license that is required under chapter 313 of title 49.
(10)
For use in connection with the operation of private toll transportation facilities.
(11)
For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains.
(13)
For use by any requester, if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains.
(14)
For any other use specifically authorized under the law of the State that holds the record, if such use is related to the operation of a motor vehicle or public safety.

I was considering using number 5 as for my reason to obtain information, Can anyone explain that reason a little bit better for me?

How can I get my drivers license back without paying my Speeding Ticket?

Sunday, September 13th, 2009
Sondra asked:


I was dumb and got a (first) speeding ticket yesterday. I also have a new summer job which I have not get started at a grocery store (county market).

Here’s the deal. My dad says I have to go to the court date to try and stop it from going on the insurance or something, so I didn’t pay the ticket right away, so the cop took my Illinois Driver’s license as bond.

The problem is, County Market needs to make a copy of my license by (preferably before) Monday’s Orientation so I can begin working there.

It’s thursday at 1:46pm where I am. I don’t get off of work until 4:00pm.

What should I do? Is there any way I can get my license back before the court date without paying the ticket? Is there something else I can use as bond?

Also, since I’m 17, will the ticket be cleared off my record once I turn 18?
So basically I can just get a copy of it made and bring it to work?

Or else let county market copy something else? They said license/soc. security card but could I have them copy my birth certificate or something instead?

Should I explain things to them?

Purdue Cytometry Mial List Why delete this e-mail and destroy Re: DNA analysis software?

Saturday, May 30th, 2009
FLOW CYTOMETER asked:


Purdue Cytometry Mailing List: Re: DNA analysis software
… J. Herbert Technical Support Manager Verity Software
House …
sender immediately by return e-mail, delete this e-mail and destroy
any copies. Any …
http://flowcyt.cyto.purdue.edu/hmarchiv/Current/0755.htm – 8.6KB 70%
||||||||||||||||||||
26 May 07
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LINK WORKED UNTIL INTERNAL Verity Software House Search engine was DISCOVERED.WITH OTHER LINKS.

J PAUL ROBINSON PURDUE IS AWARE OF LINKS ON MAY LIST.

WEB MASTER REVIEWS ALL MESSAGES INCLUDING MARKETING NOT ALLOWED SENT OUT WITH :) BLATENT MARKETING.

THIS MESSAGE WAS SENT ON THE PURDUE CYTOEMTRY MAIL LIST WHICE EVERONE CAN VIEW..

IF YOU ARE NOT TO THE PURDUE CYTOMETRY MAIL LIST THESE SOFTWARE MESSAGES WOULD NOT BE SEEN.
There are a whole list I Down loaded from the Verity Software House internal search engine. They have deleted these and most others but I have them all. Purdue Cytometry Mail List has lots they should have deleted..

http://misc.mailarchive.ca/health.aids/2008-01/index.html#330

Has anyone filed a declaratory judgment action against an unfair non compete clause?

Thursday, May 21st, 2009
Emily C asked:


Hi.

I have this non compete clause that is just ridiculous. I worked for a search engine optimization company and they made us sign a non compete that said we couldn’t do ANY internet marketing anywhere in the world for 6 months. The thing is… I am a marketing major. What marketing jobs these days don’t somehow involve the internet? I already tried negotiating it, and he refuses. I have a job interview tomorrow for an internet marketing company… I need a job. Would it be that difficult to hit my previous boss with a declaratory judgment action? How much time would it take? Would I have a case?

Law help. Am I still in fair use if I used a film still for my film review blog but wrote a bad review for it?

Friday, April 10th, 2009
Julia asked:


I need a copyright law expert. It says from the research I made about fair use that fair use has four criteria.

I am concerned about the fourth factor; the effect of the use upon the potential market.

If I will grab a publicity/film still off Google’s search engine and post it on my blog but I didn’t like the film, and I made a bad review about it. Am I not in good defense of fair use?