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- Written by: Lake County News reports
The Pre-Existing Condition Insurance Plan, which will be administered either by a state or by the Department of Health and Human Services, will provide a new health coverage option for Americans who have been uninsured for at least six months, have been unable to get health coverage because of a health condition, and are a U.S. citizen or are residing in the United States legally.
The state of California is one of 29 states plus the District of Columbia that have chosen to operate their own plans. The remaining 21 states have elected to have HHS administer the plans.
California will use $761 million in federal funding made available under the Affordable Care Act and building on its experience running its existing state-based “high risk” program called the California Major Risk Medical Insurance Program which provided coverage to 7,036 individuals in 2009.
Created under the Affordable Care Act, the Pre-Existing Condition Insurance Plan is a transitional program until 2014, when insurers will be banned from discriminating against adults with pre-existing conditions, and individuals and small businesses will have access to more affordable private insurance choices through new competitive Exchanges.
In 2014, Members of Congress will also purchase their insurance through Exchanges.
“For too long, California residents with pre-existing conditions have been locked out of our health insurance market,” said HHS Secretary Kathleen Sebelius.
Sebelius said the new insurance plan offers new option, the same insurance coverage as a healthy individual if they’ve been uninsured for at least six months because of a medical condition.
“This program will provide people the help they need as the nation transitions to a more competitive and fair market place in 2014,” she said.
The Affordable Care Act provides $5 billion in federal funding to support Pre-Existing Condition Insurance Plans in every state.
Some states have requested that the U.S. Department of Health and Human Services run their Pre-Existing Condition Insurance Plan. Other states, like California, have requested that they run the program themselves. For more information about how the plan is being administered in California, please visit HHS’s new consumer Web site, www.HealthCare.gov.
“Health coverage for California residents with pre-existing conditions has historically been unobtainable or failed to cover the very conditions for which they need medical care,” said Jay Angoff, director of the Office of Consumer Information and Insurance Oversight (OCIIO) which is overseeing the program. “The Pre-Existing Condition Insurance Plan is designed to address these challenges by offering comprehensive coverage at a reasonable cost. We modeled the program on the highly successful Children’s Health Insurance Program, also known as CHIP, so states would have maximum flexibility to meet the needs of their citizens.”
In order to give states the flexibility to best meet their needs, HHS provided states with the option of running the Pre-Existing Condition Insurance Plan themselves or having HHS run the plan.
Beginning immediately, the national Pre-Existing Condition Insurance Plan will be open to applicants in the 21 states where HHS is operating the program.
In August, eligible Californians will be able to apply for coverage under the state’s new PCIP program. All states which are operating their own Pre-Existing Condition Insurance Plans will begin enrollment by the end of the summer, with many beginning enrollment today.
“The Pre-Existing Condition Insurance Plan is an important next step in the overall implementation of the Affordable Care Act,” said Richard Popper, director of Insurance Programs at OCIIO. “We have been working closely with the states and other stakeholders to make sure this program reaches uninsured Americans struggling to find coverage due to a pre-existing condition.”
The Pre-Existing Condition Insurance Plan will cover a broad range of health benefits, including primary and specialty care, hospital care, and prescription drugs.
The plan does not base eligibility on income and does not charge a higher premium because of a medical condition. Participants will pay a premium that is not more than the standard individual health insurance premium in their state for insurance that covers major medical and prescription drug expenses with some cost-sharing.
Like the popular Children’s Health Insurance Program (CHIP), the Pre-Existing Condition Plan provides states flexibility in how they run their program as long as basic requirements are met. Federal law establishes general eligibility, but state programs can vary on cost, benefits and determination of pre-existing condition.
Funding for states is based on the same allocation formula as CHIP, and it will be reallocated if unspent by the states. Unlike CHIP, there is no state matching requirement and the federal government will cover the entire cost of the Pre-Existing Condition Plan.
While it took more than six months for a small number of states to establish their CHIP programs, HHS officials anticipate that every state will begin enrolling individuals in the Pre-Existing Condition Plan by the end of August.
Information on how to apply for the Pre-Existing Condition Insurance Plan is available at www.HealthCare.gov.
An informational pamphlet on the Pre-Existing Condition Insurance Plan can be found at: http://www.healthcare.gov/center/brochures/PCIP.pdf.
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- Written by: Elizabeth Larson
Russell “Rusty” Wright, 38, of Kelseyville will be on informal, summary probation while he completes 160 hours of community service and will be required to pay a small fine, according to Chief Deputy District Attorney Richard Hinchcliff.
Shells, gun parts and magazines that were found in Wright's possession, and which are illegal, also were forfeited and ordered destroyed, he added.
“We didn't think jail time was appropriate,” Hinchcliff said.
Wright's attorney, Stephen Carter, noted, “The end result for Rusty is really excellent.”
Wright was arrested Feb. 2 and originally charged with felony grand theft, embezzlement by a public officer, receiving stolen property and possession of dangerous fireworks, as Lake County News has reported.
Based on those original charges, Wright was facing more than three years in prison, Carter said.
“We try and hold officers to a higher standard than civilians,” said Hinchcliff, but in the courts, the goal is to treat them equally and fairly.
“This would be an appropriate and natural disposition for anybody, no matter who they are,” Hinchcliff said.
He said Wright had no prior record whatsoever. In addition, Wright has already lost his position with the sheriff's office and likely won't be able to get another law enforcement job.
“He's already suffered a substantial penalty,” Hinchcliff said.
A correctional officer with the county since 1995, Wright was terminated for serious misconduct previous to the arrest, according to investigative documents.
Hinchcliff said that a Jan. 16 search of Wright's home turned up a duffel bag filled with belly chains, leg shackles and a new Taser, still in its box, which wasn't assigned to him and which was supposed to be in the jail's armory, where Wright had been a rangemaster.
Carter maintained that Wright had the items – including the Taser – as part of his job. “There was no criminal intent involved in his possession of that,” Carter said.
The items and the duffel bag were found while investigators served a search warrant on Wright's home in an attempt to locate a trigger mechanism – or sear – that they believed was taken from the armory, Hinchcliff said.
On Jan. 11 Senior Rangemaster Sgt. Don McPherson audited the 10 M16-A1 rifles belonging to the sheriff's office and discovered that the trigger of one of them had been replaced with one from an AR-15, a weapon similar to an M16-A1, according to search warrant documents.
The effect was that the M16-A1, which was supposed to be automatic, became semiautomatic due to the trigger change. Hinchcliff said a major investigation led sheriff's officials to allege that Wright took the trigger sear.
Hinchcliff said the investigation also looked into whether Wright had an automatic firearm and a .50-caliber BMG rifle in his possession. The search warrant affidavit indicated that Wright told investigators that he transported the two weapons in question to a friend in Utah.
The federal Bureau of Alcohol, Tobacco, Firearms and Explosives previously confirmed to Lake County News that it was involved in the investigation and working with the sheriff's office.
However, the weapons weren't found. Neither was the trigger sear, said Hinchcliff. “There was never sufficient evidence to charge him with it.”
As to why investigators pursued the weapons investigation against Wright so aggressively, Carter said he could only speculate.
However, Carter added, “It has always been Rusty's position, and my position after I saw the evidence, that he had committed no theft crime or embezzlement crime whatsoever.”
Carter said it's never been proven that Wright had any of the alleged firearms or parts. Many people, Carter pointed out, had access to the armory in addition to Wright.
The tracer ammunition was purchased by Wright in another state where it was legal, but was brought back to California where it is not legal, according to Carter.
Carter said that Wright had attempted to return the Taser, shackles and other equipment to Chad Holland, another correctional officer, but Holland “inexplicably” returned the items to Wright rather than taking them back to the sheriff's office.
Hinchcliff said after Wright was terminated sheriff's officials had to go back several times to get various items, including the key to the armory.
Carter said that Wright had simply overlooked the items, and after sheriff's officials came out inquiring about items, Wright began thinking about the gear he had as part of his job. “That's when he called Holland,” Carter said, in an effort to return the items.
Hinchcliff said Holland and Wright were friends, and Wright gave Holland the bag. Holland started to drive off with the items, had concerns about being involved, and then returned the bag to Wright.
Carter said the warrant came out a day or so after Wright attempted to give the items to Holland.
Search warrant documents stated that Holland, who along with Wright had been one of six sheriff's rangemasters, told officials in January that he had several unregistered assault weapons which he then turned over to them.
Sheriff Rod Mitchell told Lake County News in an interview earlier this year that Holland's case was investigated and he faced no criminal charges.
Holland continued his employment with the jail after that time. However, on Friday, Capt. James Bauman of the Lake County Sheriff's Office said Holland's employment with the agency ended mid-June. The specifics of why his employment ended are confidential.
Holland had been a correctional officer with the Lake County Jail for five years, Bauman said.
Like Wright, Holland served in the National Guard. Both did a tour in Iraq as part of the 649th Engineering Unit from September 2007 to May 2008, as Lake County News has reported. Wright served as a combat sergeant.
Another aspect to the case is a leak of the investigative report onto the Internet, which the sheriff's office is working with the California Department of Justice to investigate, as Lake County News has reported.
There have been concerns that whoever leaked the report violated Wright's civil rights, including right to due process.
Mitchell said Friday that the investigation is continuing, and remains in the hands of the Department of Justice.
As to whether or not Wright may sue over that breach, Carter said, “He's not indicated that to me.”
Carter said a felony prosecution threatened Wright's constitutional rights, including his Second Amendment right to possess firearms, which are important to him from the standpoint of hunting and personal defense, as well as his military career.
“Anything that involved a felony would have ended his military career,” Carter said. “I was really glad to save that for him.”
Carter said Wright expects to redeploy to Iraq early next year.
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- Written by: Lake County News reports
UPPER LAKE – Visitors traveling to Lake Pillsbury on Highway 20 and East Side Potter Valley Road should watch for increased traffic related to the Westshore timber sale, Mendocino National Forest officials said Friday.
Visitors should expect to encounter more traffic, including log trucks, on the popular access route to the lake through the rest of this summer, according to the report.
Drivers in the area are asked to be observant and drive safely in the area to prevent accidents. This includes observing posted speed limits, staying in the appropriate lane for direction of travel – especially on curves, and watching for trucks and other vehicles entering roadways.
The Westshore timber sale is a hazardous fuels reduction project planned and implemented through the Northwest Forest Plan. It is intended to restore forest health in the area and help protect local communities from the threat of wildfire.
For more information, please contact the Mendocino National Forest Upper Lake Ranger District at 707-275-0676 or visit www.fs.fed.us/r5/mendocino.
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