How to resolve AdBlock issue? Supreme Court ruling on health care law clears way for rollout to take place in 2014
LAKE COUNTY, Calif. – A much-anticipated Thursday ruling by the U.S. Supreme Court upheld the federal Affordable Care Act, a law that’s anticipated to have far-reaching impacts for the nation.
The decision means that the rollout of the landmark health care legislation will go forward in 2014, as originally planned.
The court affirmed the right of Congress to impose the “individual mandate” – the requirement for individuals to purchase insurance or else face penalties.
However, the court found unconstitutional the requirement for states to expand their Medicaid coverage under threat of losing federal funds. As a result, there must be the opportunity for states to opt out of participating.
On Thursday afternoon President Barack Obama said that in upholding the law, the Supreme Court “reaffirmed a fundamental principle that here in America – in the wealthiest nation on Earth – no illness or accident should lead to any family’s financial ruin.”
Obama’s opponent in this year’s presidential election, Republican Mitt Romney, has promised to issue an executive order on his first day in office to begin the process of granting Affordable Care Act waivers to all 50 states, and said he will work with Congress to repeal the legislation as quickly as possible.
California Attorney General Kamala Harris – who in January led 10 states in submitting briefs asking the Supreme Court to uphold the Affordable Care Act – called the decision a “historic victory” for Californians, the country and Obama.
“The Affordable Care Act repairs a healthcare system badly in need of reform and ensures that every American has access to affordable health care,” Harris said in a statement issued by her office. “We never doubted the constitutionality of this law, and it is already making a difference in the lives of millions of Californians.”
Congressman Mike Thompson (D-St. Helena), who represents Lake County in the House of Representatives, said the legislation will save money and lives.
“By 2014, virtually all of the law will go into effect, making even more improvements to our health care system,” he said in a written statement.
More than 32 million people who are currently uninsured will gain access to affordable coverage, said Thompson, adding that the law will put an end to the hidden taxes that all insured individuals currently pay for emergency room visits by people without insurance.
He said women will no longer be charged substantially higher premiums than men for the same coverage, and being a woman can no longer be treated as a “pre-existing condition” by insurance companies.
“Reforming our health care system is an ongoing process that began with the passage of this bill,” Thompson said. “It is an important first step towards making quality, affordable health care a reality for all Americans. In the months and years ahead, we need to put politics aside, focus on the facts and work together to further improve our nation’s health care system. By building on the reforms made in the Affordable Care Act, we can make sure every American can afford to go to the doctor.”
Obama said for those 250 million Americans who already have health insurance, the law “will only make it more secure and more affordable.”
Insurance companies will not be able to impose lifetime limits on the amount of care people receive, drop sick people from coverage or hike premiums for no reason, the president said. Free preventive care also will be required.
The Affordable Care Act allows young adults under the age of 26 to stay on their parent's health care plans and gives seniors prescription drug discount. There also are rebates for people whose insurance companies spent too much on administrative costs and CEO bonuses.
Resolving the legal challenges
Beginning in 2014, those who don’t purchase health insurance in compliance with the law’s mandate must make a “shared responsibility payment,” or a penalty which will be paid to the IRS along with income taxes.
That was a key point of contention in the case that went before the U.S. Supreme Court, as was the law’s requirement that states expand their Medicaid coverage.
The National Federation of Independent Business, joined by 26 states and several individuals, brought the suit. The full decision may be seen below.
According to the Supreme Court’s decision, “the Court of Appeals for the Eleventh Circuit upheld the Medicaid expansion as a valid exercise of Congress’s spending power, but concluded that Congress lacked authority to enact the individual mandate. Finding the mandate severable from the Act’s other provisions, the Eleventh Circuit left the rest of the Act intact.”
Chief Justice John Roberts delivered the court’s opinion, upholding the individual mandate based on the conclusion that the penalty for not purchasing insurance was a tax that was within Congress’ power to impose under the U.S. Constitution’s Taxing Clause.
“Put simply, Congress may tax and spend. This grant gives the Federal Government considerable influence even in areas where it cannot directly regulate. The Federal Government may enact a tax on an activity that it cannot authorize, forbid,or otherwise control,” the decision explained.
The court also considered the Affordable Care Act’s requirement that states increase the number of individuals they cover under Medicaid – to include all individuals under the age of 65 with incomes below 133 percent of the federal poverty line – or face loss of federal funds.
Congress’ financial inducement to comply is “a gun to the head,” the court wrote.
“The Court today limits the financial pressure the Secretary may apply to induce States to accept the terms of the Medicaid expansion,” Roberts explained. “As a practical matter, that means States may now choose to reject the expansion; that is the whole point. But that does not mean all or even any will. Some States may indeed decline to participate, either because they are unsure they will be able to afford their share of the new funding obligations,or because they are unwilling to commit the administrative resources necessary to support the expansion. Other States, however, may voluntarily sign up, finding the idea of expanding Medicaid coverage attractive, particularly given the level of federal funding the Act offers at the outset.”
In a dissenting opinion, Justices Antonin Scalia, Samuel Alito, Clarence Thomas and Anthony Kennedy held that both key points of the legislation made it unconstitutional.
In particular, they suggested that while they don’t doubt “that the buying and selling of health insurance contracts is commerce generally subject to federal regulation,” by requiring all citizens to buy an insurance contract Congress is directing “the creation of commerce.”
The dissenting justices also claimed that the individual mandate threatens the constitutional order “because it gives such an expansive meaning to the Commerce Clause that all private conduct (including failure to act) becomes subject to federal control, effectively destroying the Constitution’s division of governmental powers.”
As for the Medicaid requirement, quoting previous case law, the dissenting justices opined, “Coercing States to accept conditions risks the destruction of the ‘unique role of the States in our system,’” adding, that the Constitution “‘has never been understood to confer upon Congress the ability to require the States to govern according to Congress’ instructions.’”
Next steps for citizens, employers
One of the big questions for most people with respect to the law is, what’s next?
“The next big thing really is going to be 2014, when a lot of this kicks in,” said Professor Stephen Shortell, dean of the University of California, Berkeley’s School of Public Health.
In a Thursday afternoon interview with Lake County News, Shortell said state health insurance exchanges, which will assist people in purchasing the required insurance, will start in 2014.
One of the key issues is the ability to develop the exchanges. “The good news for California is we’re leading the pack,” Shortell said.
Shortell said one of the big challenges for California’s health care exchange is getting reliable information out to citizens.
In doing so, the exchange must overcome language barriers for Latino and other ethnic populations, and cultural barriers for groups including African Americans, he explained.
The California health exchange also is working on making signing up easy for people, whether they live in urban areas or rural areas like Lake County, Shortell said.
Shortell said he thinks there are many misconceptions about the legislation.
“It’s complex, it’s sweeping,” he said.
“I think people aren’t aware as much as they might be of the benefits, particularly people with chronic illness,” he said.
Shortell added, “The other big barrier is just the political partisanship that you saw played out.”
That political aspect, said Shortell, is the biggest disappointment from his personal vantage point.
The county’s largest employer, the county of Lake, already is working to implement the new rules.
In March the Board of Supervisors appointed a task force to report back to the board with policy recommendations on how to fulfill the health care law’s requirements, as Lake County News has reported.
Interim County Administrative Officer Matt Perry told Lake County News that the task force is continuing to work out the requirements, which will include providing health insurance to part-time, extra-help employees.
He said the county already provides such coverage to employees who work at least half-time.
Perry said the task force has met a few times so far, and is considering how to reduce the county’s exposure to penalties while bringing it into full compliance.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Police search for suspect in Clearlake vehicle thefts
CLEARLAKE, Calif. – The Clearlake Police Department is investigating a series of vehicle thefts over the last two days, and is asking for the community’s help in locating the suspect.
Lt. Tim Celli reported that three vehicles have been stolen within the last 24 hours, all with similar circumstances – the keys have been left in the vehicle and the owners have been nearby.
The vehicles have been recovered by police a short distance from where they have been stolen and personal items have been taken from the vehicles, Celli said.
The suspect is described as a white or possibly light-skinned Hispanic male with brown hair, approximately 5 feet 8 inches tall to 6 feet tall, and approximately 140 to 150 pounds, last seen wearing denim knee length shorts, a black T-Shirt, and a dark blue or black hat that is similar to a Los Angeles Dodgers “LA” hat.
He was last seen in the area of Laddel Avenue near West 40th Avenue, Celli said.
Celli reminded citizens to not leave their vehicles idling unattended, leave keys or other valuables inside unlocked vehicles, and to secure their vehicles.
Anyone with information regarding these stolen vehicles or the suspect is asked to contact the Clearlake Police Department at 707-994-8251.
- Details
- Written by: Lake County News reports
Clearlake Police Department prepares for June 30 holiday events
CLEARLAKE, Calif. – The Clearlake Police Department is gearing up for the city’s Independence Day festivities, set to take place this weekend.
The city of Clearlake’s celebration will take place on Saturday, June 30.
The parade will start at approximately 11 a.m. There will be additional vendors and functions throughout the Austin Park Area during the day.
The fireworks show is scheduled to start around 9 p.m.
Lt. Tim Celli said parking has generally been an issue during the two main events due to the high volume of vehicles and pedestrian traffic.
He urged community members to prepare by allowing extra time to find parking, which he said may reduce the frustration and anxiety some people experience when dealing with large crowds.
Every year during the Independence Day festivities, the Clearlake Police Department dispatch center receives hundreds of additional calls for questions related to what time the parade and fireworks show start, Celli said.
Those calls bog down the phone lines, often making it difficult to call into the police department for emergencies or other business related services, he said.
Celli said the 911 emergency lines are for emergencies only. The business lines to the police department should be used for police business only.
Alcohol attributes to many of the problems that occur during this holiday weekend. “We would like to remind everyone that public intoxication laws will be enforced so please be responsible and please do not drink and drive,” Celli said.
Celli said there is no alcohol allowed in the parks other than the designated and permitted vendor area. In addition there are no glass containers permitted in the parks. The community is asked to observe the park rules which are posted at all the main entrances to the parks.
“We would also like to remind everyone that other than the permitted fireworks show, fireworks are not allowed in the city of Clearlake and enforcement action will be taken,” Celli said.
The Independence Day festivities are generally a very busy time for emergency services. Celli said there will be extra personnel working this day with additional assistance from other agencies as well, including traffic enforcement assistance from the California Highway Patrol. The Clearlake Police Department thanked the agencies providing assistance during the event.
“By following the laws and promoting mutual respect we believe everyone can have a safe and fun holiday weekend,” Celli said.
- Details
- Written by: Lake County News reports
Supervisors accept agreement with deputies’ union; discuss no confidence vote on sheriff
LAKEPORT, Calif. – During a Tuesday discussion on the approval of a new memorandum of understanding with the county’s deputy sheriffs’ association, the Board of Supervisors decided to agendize a no confidence vote on the county’s sheriff.
The board’s consideration of a proposed no confidence vote on Sheriff Frank Rivero is tentatively scheduled for Tuesday, July 10, at 11 a.m.
On Tuesday afternoon, as a prelude to the no confidence matter arising, the board held a closed session to discuss an employee disciplinary appeal, and emerged to vote unanimously to reinstate Tom Andrews, who had been with the sheriff’s office for 20 years before Rivero terminated him last fall.
Supervisor Jeff Smith moved to accept a hearing officer’s full recommendation to give Andrews his job back, and make him whole for all lost rights, benefits, salary and retirement. Supervisor Anthony Farrington seconded, and the board voted 5-0.
The board then moved into a discussion of the new contract with the Lake County Deputy Sheriffs Association.
Deputy County Counsel Shanda Harry presented a brief discussion of the contract, which runs from July 1, 2011, to Dec. 31, 2013.
Key points include a 4 percent salary adjustment in exchange for employees paying their full retirement contribution, which is an additional 5 percent; field training officers and bilingual officers receive an additional 2.5 percent; an increase in the amount of pay for on-call duty status to $20 for weekdays and $25 for weekends or holidays; court appearances entitle deputies to a minimum of one hour credit at time and a half; and 40 hours of personal leave in exchange for a cost of living increase.
Board Chair Rob Brown acknowledged that a lot of work – on the part of the county and the association – had gone into the contract.
Association President Gary Frace was in the audience for the discussion, and Board Chair Rob Brown addressed Frace, telling him how much the board appreciated the deputies and their understanding and willingness to work with the county, while knowing the county didn’t have much it could give.
“I think we came to the best possible agreement,” Brown said, noting it was what they could do, not what they wanted to do.
Brown’s concern, he said, was “when we have our sheriff, your boss, on the radio trying to sabotage our efforts, and when we’re here acting in good faith.”
Brown had raised similar issues with Rivero’s statements about employee negotiations when the board approved a new memorandum of understanding with the correctional officers association June 5.
During the Tuesday discussion Brown accused Rivero of trying to harm the relationship – developed over many years – between the county and its deputies.
According to Brown, Rivero claimed in a radio broadcast that he had gone before the board to ask for a 2.5-percent salary increase for deputies, which Brown said never happened.
Rivero also stated on the radio that the county had refused to give a retirement contribution to the correctional officers, knowing full well that the correctional officers union had approved the contribution the day before his on-air statements, according to Brown.
Brown went further, saying many employees of the sheriff’s office had left because of Rivero. “They would have stayed even if the money was the same. They left because of him. And I know that to be a fact.”
The board also is facing a “mountain of lawsuits coming up” because of Rivero’s actions, Brown said.
Brown said he believed it’s likely that there had been more lawsuits and potential litigation during Rivero’s year and a half in office than had arisen from all of the county’s previous sheriffs combined, due in part to his retaliatory actions toward deputies.
They’ve also had to issue letters of apology to deputies due to what appeared to be retaliation on Rivero’s part, he said.
Rivero hasn’t been seen much in the office in recent months, although he did briefly appear at the courthouse Tuesday afternoon for a discussion on an urgency marijuana cultivation ordinance that was postponed because the fire marshal said the chambers had exceeded capacity.
Brown said Rivero costs the taxpayers a total of $153,850.08 a year – salary, retirement and benefits – for not showing up to do his job.
He also referenced Undersheriff Pat Turturici’s recent comments at board meetings in which Turturici stated he was running both the jail and the sheriff’s office.
The issues with Rivero’s performance, combined with Turturici’s comments “tells me that the sheriff is not doing his job,” Brown said.
Brown then passed the gavel to Supervisor Jeff Smith and made a motion to have a no confidence vote on Rivero, arising as a consequence from the negotiations with the deputies’ association. He asked that action be taken before the contract was approved.
While such a vote itself was not on the agenda, Brown pointed out that the board had held similar no confidence votes on state elected officials before in conjunction with agendized issues.
Supervisor Anthony Farrington asked County Counsel Anita Grant if they could take the action. Grant said only the memorandum of understanding was on the agenda.
Brown said he had spoke with counsel and thought they could have the vote.
“I’m confident that it’s within our rights to do that,” Brown said of the proposed action.
Brown made a new motion to approve the contract and to ask for a vote of no confidence, which was seconded by Supervisor Jim Comstock.
Despite recognizing the connection between the negotiations and the proposal, the rest of the board and Grant felt it would be better to bring the no confidence vote discussion back as its own agenda item.
“I understand wholeheartedly where Supervisor Brown is coming form. I appreciate his shining light on a number of these topics and very important issues” that the county had experienced over the last year, said Supervisor Anthony Farrington.
However, Farrington asked that it be separately agendized.
“Let’s do it,” said Brown.
Brown told his colleagues that the board previously had held a no confidence vote on the county’s state representatives over the Highland Springs Dam.
“That was another circumstance where there was a connection,” said Grant, adding that if the board felt there was a similar connection in this case that they could act. Brown maintained the connection was there.
“I would prefer it be its own item,” said Supervisor Denise Rushing.
Having it agendized will allow the sheriff to attend if he desires, said Farrington.
Brown amended his motion to approve the memorandum of understanding only, which was approved 5-0.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
Clearlake man dies from injuries sustained in assault; police say they have a suspect
CLEARLAKE, Calif. – A Clearlake man who was attacked earlier this month has died of his injuries.
Edward Alden, 44, died on Monday night, according to Det. Tim Alvarado of the Clearlake Police Department.
Alvarado told Lake County News on Tuesday that the investigation into who is responsible for Alden’s death is moving forward.
“We have a suspect and we are pursuing further leads,” Alvarado said, adding that police were not releasing many details of the investigation at this time.
Police and firefighters were dispatched to 4780 West 40th Ave. just before 12:30 a.m. Sunday, June 17, where they found the severely injured Alden, according to the original police report.
Reports from the scene indicated Alden was unconscious from having been kicked in the head during a fight earlier that night, as Lake County News has reported.
Alden was transported by REACH air ambulance to Santa Rosa Memorial Hospital, where he died, Alvarado said.
Anyone with information regarding this case to contact Det. Alvarado at 707-994-8251.
Email Elizabeth Larson at
- Details
- Written by: Elizabeth Larson
