The Supreme Court finished its term with its usual dramatic flair with the release of the long-waited decision in Sebelius v. Hobby Lobby Stores (which is consolidated with Conestoga Wood Specialties Corp. v. Sebelius). The two cases represent a classic split in the circuits with the Tenth Circuit agreeing with Hobby Lobby as to the religious claims of the company while the Third Circuit ruled against such claims by Conestoga Wood Specialities Corp. The Court ruled that the Hobby Lobby does have religious rights, but limited the decision to closely-held corporations. Where Citizen’s United recognized that corporations have free speech rights like individuals, Hobby Lobby would do the same thing for religious rights. I will be running a column in the Los Angeles Times in the morning not just addressing this ruling but, once again, highlighting what I consider a far more important case that will be decided just a couple blocks away in the D.C. Circuit — Halbig v. Sebelius. I will be discussing the decisions today at CNN starting at 10 am and continuing to the discussion at 1 pm with Wolf Blitzer.
Hobby Lobby is a fascinating case involving the retail arts and craft chain founded by David Green and owned by his family, which also happen to be Evangelical Christians. The Greens actually do not object to all of the 20 forms of birth control under the ACA. However, they are religiously opposed to supplying four methods: morning-after pills Plan B and Ella as well as two kinds of inter-uterine devices (or IUDs). (The Conestoga company is smaller and owed by Hahn family, who are Mennonite Christians) At a running fine of $100 per employee, Hobby Lobby estimates that the federal mandate would cost it about $1.3 million a day, or roughly $475 million a year.
The religious beliefs of the family are formally integrated into their company: Green family members signed a formal commitment to run the stores according to Christian religious principles, including closing on Sunday, advertising their religious orientation. The company even plays religious music inside their stores.
The Greens challenged the provisions under the and the Religious Freedom Restoration Act, which imposes a high standard of strict scrutiny for the government to meet when a neutral law “substantially burden[s] a person’s exercise of religion”. (Note some amicus briefs suggest that the mandatory plan should also be barred for these purpose under the Establishment Clause). In 2013, United States District Court Judge Joe Heaton granted the company a temporary exemption from the contraceptive-providing mandate. (Conestoga directly raises free exercise arguments).
In an interesting wrinkle, an April article in Mother Jones alleged that Hobby Lobby’s employee retirement plan has more than $73M invested in mutual funds which include manufacturers of some fo the very contraception devices or drugs cited in the complaint.
The decision has sweeping application – well beyond these companies or the 49 for-profit corporations that have claimed such exemptions. The ruling addresses the very essence of a religious claim and the very essence of a corporate entity.
Closely-held corporations are not as limited as it might seem. I agree with Ginsberg that the implications are sweeping. The closely-held corporations represent a huge number of businesses. As I mentioned on CNN, the large corporations are the least likely to demand such exemptions. There are millions of family businesses that may not object not just to the ACA but renew objections to discrimination laws that force such businesses to serve same-sex weddings or engage in other activities that violate their religious beliefs. This is much like Heller and the recognition of individual gun rights. We are still working out the details on how far that goes years after the decision.
This is a major blow to the Administration which in the last ten days have been found to have violated the fourth amendment and privacy and then found to be in violation of the separation of powers and now found in violation of the first amendment and religious freedom.
Actually, trough feeding is putting it mildly for criminals who fraudulently convey assets to put it on there neighbor taxpayer next door. I do not give anyone a free pass, even if it would be my own grandparents.
We have a predatory society that took root after people shifted their own responsibility to taxpayers, inflation having by now made everything unaffordable for the middle class. Virtually everything now is on the taxpayer, after politicians and bureaucrats have opened the Treasury for corporations to make unbridled profits. The healthcare industry is only concerned with exhausting one’s insurance, then one’s assets. After that, you are on your own, left to die.
The answer is to swear off the American diet, regain your health, then maintain it by staying the hell out of fast food, away from processed food, demand non GMO food. Look, when it comes to your average consumer today, their health is a mess. They didn’t get that way because they don’t have insurance. They got that way by their addiction to their knife and fork, acidic diet, animal protein with every meal, preferring beer and wine to sensible beverage, spectator sports to exercising, the couch to taking a walk in nature.
The party is now over. Taxpayers are no longer a renewable resource, having been depleted as much as the environment. And with the loss of our freedoms, the stage has already been set fot corporate raptors to prey on consumer assets until absolute depletion. After that they will be fighting amongst themselves, until all that is left is a Road Warrior landscape.
Annie
Happypappies,
Medicare Advantage is a HMO like plan run by a private health insurance company, paid for by Medicare. You have co pays for doc visits and medication. But it pays 100%. You do not buy a supplemental policy with this.
I also have MORX which is a discount on Medicare Part D
Traditional Medicare covers 80%, with this you need to buy a supplemental policy, known as Medigap, which picks up what traditional Medicare didn’t pay.
AARP offers both Medigap and Medicare Advantage plans through United Healthcare.
Again I have Medicare Advantage. I have had it for years. I actually have low enough income that I qualify for a local hospital and doctor each year to clear my balance of Co pay on Doctor. I was incorrect when I said 80 20. It is 150 dollar deductible at the beginning of the year. My husband is a Veteran and we left him on the Medicare also because he is severely disabled and covered. We get refunded the money at the end of each year so it works out okay until the freaking government straightens itself out.
Annie and samantha:
There are quite a few people who have learned hard lessons about Medicaid liens.
Lots and lots of elderly “‘trough feeders” out there Samantha. For years many seniors have gifted away their assets to avoid frittering away their savings On nursing home care and so as to be eligible for Medicaid immediately after Medicare runs out. Could even be your own grandparents. I’m not sure how to feel about this, but I can’t quite go so far as to call them “trough feeders”.
Long term care insurance.
Fraudulent conveyance laws have a purpose: prevent trough feeders from defrauding the taxpayers and creditors. You want to keep your assets, buy gap insurance.
7 out of 10 nursing home patients are funded by Medicaid. If seniors think they can gift away assets immediately before reverting to Medicaid, think again. Any gifting away of assets has to be done a certain number of years before becoming eligible for Medicaid. Estate planners know all the details, no doubt.
Karen S, all of your points are valid, but let us not lose sight of the distinction between the VA model and the VA model employing a corpe of slackers. If you want to maintain the efficiency of the va model, you clean up the union mess, not throw out the baby with the bath water. Healthcare dollars are finite. You can’t wave the corporate wand and expect these dollars to double or triple, ex nihilo. Instead, you will only dilute them, such as Medicare Advantage is already doing, greedy insurance companies shortchanging not just seniors but providers, as well. You are in denial as one who owns stock in GM, seeing no need whatsoever for all these recalls that are diluting your dividends.
SWM, exactly. If you have funds after your Medicare runs out, you will be private pay, when your funds run out you convert to Medicaid. Medicare wasn’t designed to pay for long term care ad infinitum.
Karen S wrote “For instance, 1 in 10 Americans were vets after WWII. The survivors, anyway. And that did not overwhelm the system, which was the precursor for the VA.”
You have no idea how many military hospitals have been closed in the last 40 years or so.
Military bases had their own hospitals at least as late as the 1960s. Then Congress started saving money by closing bases and eliminating hospitals on the remaining military bases. A good number of VA hospitals have been closed in the past 20 years. We had a major VA complex in Denver, Fitzsimons Army Medical Center, until 1999.
Ask a veteran who is in his 80s or 90s what he was promised as far as medical care.
Samantha is correct: we had too many injuries for the current VA system. The reasons are:
– numbskull decisions by Rumsfeld and others regarding poorly protected Humvees,
– fewer VA facilities as I mentioned above,
– a higher percentage of severe injuries, especially from explosions (this ties in with #1), and
– politicians constantly declaring that they are pro-military, but really meaning that they are pro-military-industrial-complex.
“- a higher percentage of severe injuries, especially from explosions (this ties in with #1), and”
Actually this is a good news/bad news story.
The good news is that there are more survivors of devastating battle wounds than ever before due to improved battle field medical care. This is demonstrated by examining the ratio of KIA and WIA from combat casualties.
The bad news is that when the wounded are finally returned the the US they do not receive the level of care they deserve and their wounds require.
In addition, the improved survival numbers mean that there will be greater numbers of those who survive with traumatic brain injury which may require a lifetime of care.
Karen, “How many seniors do you know who can afford that?” Well, if you can afford it you will,pay for the nursing home care if you have not purchased long term care insurance. When your resources are depleted, you will be eligible for medicaid unless you have veterans benefits.
So when people claim we should get rid of the EVIL private insurance that keeps paying these bills, so there are these happy stories, let’s be aware that, according to medicare.gov, we can expect our seniors to pay the costs listed above. Good luck with that. I recall seniors tried to roll Reagan’s car with him in it when he made increases in Medicare benefits that had accompanying premium increases.
Again, from the Medicare website:
http://www.medicare.gov/coverage/skilled-nursing-facility-care.html
Skilled nursing home cost YOU pay:
Days 1–20: $0 for each benefit period.
Days 21–100: $152 coinsurance per day of each benefit period.
Days 101 and beyond: all costs.
Please note that if you are in a skilled nursing home (such as for the frighteningly common Alzheimer’s), you will pay ALL costs beyond 100 days. For days 21 – 100, you pay $152/day, which is $4,560/month.
How many seniors do you know who can afford that???
Again, FROM the Medicare website:
“Your doctor or other health care provider may recommend you get services more often than Medicare covers. Or, they may recommend services that Medicare doesn’t cover. If this happens, you may have to pay some or all of the costs.”
Again, the need for gap insurance.
Here is a link to the Medicare website. Seriously, they could make the system a little simpler, since it’s designed (mainly) for the elderly.
From the actual Medicare website, YOUR Part A costs for hospital stays are:
$1,216 deductible for each benefit period.
Days 1–60: $0 coinsurance for each benefit period.
Days 61–90: $304 coinsurance per day of each benefit period.
Days 91 and beyond: $608 coinsurance per each “lifetime reserve day” after day 90 for each benefit period (up to 60 days over your lifetime).
Beyond lifetime reserve days: all costs.
Please note that you pay all costs beyond the lifetime reserve. You pay $608/day after 90 days until the lifetime reserve. You pay ALL costs for private nursing, a private room, and for a TV or phone in your room.
http://www.medicare.gov/coverage/inpatient-hospital-care.html
GAP insurance covers these large costs.
Karen:
I’m pretty sure Rumsfeld was able to resign.
You just have a kool-aid induced problem with unions; there’s no logic involved.
Pretty sure the increases in the VA budget during the Bush Administration failed to keep pace with inflation. Hanging out with DavidM is paying off. Soon you’ll have your backwards extension logic roll down pat.
SWM:
Again, you can look this up on Medicare. The reason why your friend did not get a huge bill is because she did not stay longer than 91 days in the hospital, and she likely had gap insurance.
lee:
The breakdown came from Medicare. Your stay was less than 30 days. The costs go up exponentially, and really hit when you stay over 91 days.
The reason why you did not receive a huge bill is that you have gap insurance. You already stated you have B. Do you have any other gap plans?
“OK Samantha, you convinced me! Get rid of Medicare Advantage and go with straight government run Medicare.” Seriously!!!
The vets we put in harm’s way died on a single payer system, which you regularly promote for healthcare reform. So that issue should be firmly put to bed.
And Medicare is not affordable at all without private gap insurance. I’ve already listed the costs of a hospital stay. It doesn’t pay anything after a stay greater than a few months in the hospital.
And THAT is the advantage of private systems – unless they use unions, they are accountable, fireable, and there are incentives to work harder.
And anyone who votes for single payer, after the deaths the single payer VA caused to vets who served our country, will do great harm to the people of this nation. How anyone could promote such as system after all these people died is beyond immoral.