The Chinese calendar might have it pegged as the year of the black snake, but investors are already calling 2013 the year of the enterprise IPO. Not nearly as catchy as something reptilian, but hopefully a lot more profitable than the newly public consumer companies, Facebook chief among them, that took a beating in the public markets in 2012.
Consistent with the enterprise theme, we already know that data-center networking company Gigamon and solid-state storage business Violin Memory have filed their S-1 forms. Other enterprise plays will follow. And just because the smart money is betting on companies that get paid selling to other companies, doesn’t mean some well-known consumer outfits, including Twitter, Square, and Evernote couldn’t try their luck with an IPO in 2013.
We picked nine private companies with public market potential to watch in 2013. For each we weigh the odds of whether, market conditions permitting, of course, they have a shot or not.
Above:
Odds of an IPO: Looking good, but only if it can close its next round
This startup is the darling of the collaborative consumption movement, allowing anyone to put up their house or apartment for travelers to rent. While it’s been close to 18 months since its taken venture capital, Airbnb is already up to $230 million. Rumor has it that the company is vying for a $100 million third round of funding at a $2 billion valuation, and has plans to go public once it closes a new round.
TOKYO (Reuters) – Sony Corp is joining with BMG to bid for Parlophone and other EMI labels on sale by Universal Music, reuniting Sony and Bertelsmann four years after they ended their music joint venture, the Financial Times said on Monday.
Vivendi-owned Universal is being forced to sell Parlophone – EMI’s oldest active label with artists including Coldplay and Pet Shop Boys – to satisfy regulators’ concerns about its $ 1.9 billion purchase of EMI’s recorded music business.
Sony and BMG, a music rights management group owned by Bertelsmann and private equity group KKR, will make a joint bid for Parlophone and other assets, the FT said. The two plan to split the assets and will not form another joint venture, it said.
Sony declined to comment. BMG could not be immediately reached for comment.
Other bidders for the EMI labels on sale include Warner Music and Ronald Perelman’s investment company MacAndrews & Forbes, the FT has said.
(Reporting by Mayumi Negishi; Editing by Richard Pullin)
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Every once in a while I revisit the cuisine of a particular part of the world (usually it is located somewhere in the Mediterranean). This week I landed in Sicily. I was nosing around my cookbooks for some cauliflower recipes and opened my friend and colleague Clifford A. Wright’s very first cookbook, “Cucina Pariso: The Heavenly Food of Sicily.” The cuisine of this island is unique, with many Arab influences – lots of sweet spices, sweet and savory combinations, saffron, almonds and other nuts. Sicilians even have a signature couscous dish, a fish couscous they call Cuscusù.
Cauliflower is a favorite vegetable there, though the variety used most often is the light green cauliflower that we can find in some farmers’ markets in the United States. I adapted a couple of Mr. Wright’s pasta recipes, changing them mainly by reducing the amount of olive oil and anchovies enough to reduce the sodium and caloric values significantly without sacrificing the flavor and character of the dishes.
I didn’t just look to Sicily for recipes for this nutrient-rich cruciferous vegetable, but I didn’t stray very far. One recipe comes from Italy’s mainland, and another, a baked cauliflower frittata, is from its close neighbor Tunisia, fewer than 100 miles away across the Strait of Sicily.
Sicilian Pasta With Cauliflower
I found the recipe upon which this is based in Clifford A. Wright’s first cookbook, “Cucina Paradiso: The Heavenly Food of Sicily.” And it is heavenly. I love the way raisins or currants and saffron introduce a sweet element into the savory and salty mix.
1/4 cup golden raisins or currants
Pinch of saffron threads
1 medium cauliflower, about 2 pounds, leaves removed and bottom trimmed
Salt to taste
2 tablespoons extra virgin olive oil
2 garlic cloves, minced
3 anchovy fillets, rinsed and chopped
1 14-ounce can chopped tomatoes, with juice
3 tablespoons pine nuts or chopped blanched almonds
Freshly ground pepper to taste
3/4 pound perciatelli (also sold as bucatini) or spaghetti
2 tablespoons grated pecorino
2 tablespoons slivered basil
1. Place the raisins or currants in a small bowl and cover with warm water. In another bowl combine the saffron with 3 tablespoons warm water. Let both sit for 20 minutes while you prepare the other ingredients.
2. Bring a large pot of water to a boil and salt generously. Add the cauliflower and boil gently until the florets are tender but the middle resists when poked with a skewer or knife, about 10 minutes. Using slotted spoons or tongs (or a pasta insert) remove the cauliflower from the water, transfer to a bowl of cold water and drain. Cover the pot and turn off the heat. You will cook the pasta in the cauliflower water. Cut the florets from the core of the cauliflower and cut them into small florets or crumble coarsely using a fork or your hands.
3. Heat the olive oil over medium heat in a large, heavy skillet and add the garlic. Cook, stirring, until it smells fragrant, about 30 seconds to a minute, and add the anchovies and tomatoes. Turn the heat down to medium-low and cook, stirring often, until the tomatoes have cooked down and smell fragrant, about 10 minutes. Drain the raisins or currants and add, along with the saffron and its soaking liquid, cauliflower, pine nuts or almonds, and about 1/4 cup of the cooking water from the cauliflower. Season to taste with salt and pepper. Cover, turn the heat to low and simmer 10 minutes, stirring occasionally. Keep warm while you cook the pasta.
4. Bring the cauliflower water back to a boil and cook the pasta al dente, following the timing instructions on the package. Check the sauce and if it seems dry add another 1/4 to 1/2 cup of the pasta cooking water. Drain the pasta and transfer to the pan with the sauce. Toss together and serve, sprinkled with pecorino and chopped basil leaves. If desired, drizzle a little olive oil over each serving.
Yield: Serves 4
Advance preparation: The cauliflower preparation can be prepared up to a day ahead through Step 3 and refrigerated. Reheat and proceed with the recipe.
Nutritional information per serving: 510 calories; 12 grams fat; 2 grams saturated fat; 3 grams polyunsaturated fat; 6 grams monounsaturated fat; 4 milligrams cholesterol; 85 grams carbohydrates; 6 grams dietary fiber; 196 milligrams sodium (does not include salt to taste); 18 grams protein
Martha Rose Shulman is the author of “The Very Best of Recipes for Health.”
Bank of America agreed on Monday to pay more than $10 billion to Fannie Mae to settle claims over troubled mortgages that soured during the housing crash, mostly loans issued by the bank’s Countrywide Financial subsidiary.
Separately, federal regulators reached an $8.5 billion settlement on Monday to resolve claims of foreclosure abuses that included flawed paperwork used in foreclosures and bungled loan modifications by 10 major lenders, including JPMorgan Chase, Bank of America and Citibank. About $3.3 billion of that settlement amount will go toward Americans who went through foreclosure in 2009 and 2010, while $5.2 billion will address other assistance to troubled borrowers, including loan modifications and reductions of principal balances. Eligible homeowners could get up to $125,000 in compensation.
The two agreements are not directly related, but they illustrate the extent of the banks’ role in the excesses of the credit boom, from the making of loans to the seizure of homes.
Under the terms of the Bank of America deal, the bank will pay Fannie Mae $3.6 billion and will also spend $6.75 billion to buy back mortgages from the housing finance giant.
The settlement will resolve all of the lender’s disputes with Fannie Mae, removing a major impediment to Bank of America’s rehabilitation. The bank had settled its fight with Freddie Mac, the other government-owned mortgage giant, in 2011.
Both Fannie and Freddie, which have posted billions of dollars in losses in recent years, have argued that Countrywide misrepresented the quality of home loans that it sold to the two entities at the height of the mortgage bubble. Bank of America assumed those troubles when it bought Countrywide in 2008.
Before the latest settlement announced on Monday, the Countrywide acquisition had cost Bank of America more than $40 billion in losses on real estate, legal costs and settlements, according to several people close to the bank.
By removing part of the bank’s mortgage albatross, the move is a continued retreat from home lending by Bank of America, even as rivals including JPMorgan Chase and Wells Fargo compete for the profitable refinance business that has boomed with interest rates persistently low.
Bank of America also agreed to sell the servicing rights on about $306 billion worth of home loans to other firms. In separate statements, Nationstar Mortgage Holdings and the Newcastle Investment Corporation announced they were buying the rights. Those servicing costs, which were roughly $3.4 billion in the third quarter, have weighed on the bank’s profits, especially as borrowers fall behind on their bills.
Brian T. Moynihan, the bank’s chief executive, said in November that he intended to sell off about two million loans the bank currently serviced.
“Together, these agreements are a significant step in resolving our remaining legacy mortgage issues, further streamlining and simplifying the company and reducing expenses over time,” Mr. Moynihan said in a statement on Monday.
Bank of America said it expected the settlement to hurt its fourth-quarter earnings by $2.5 billion because of costs tied to foreclosure reviews and litigation. The firm also expects to record a $700 million charge, an accounting move known as a debt-valuation adjustment, related to an improvement in the prices of its bonds.
The deal on Monday helps the bank move away from its troubled mortgage business. Still, the bank’s attempts to resolve other costly mortgage litigation have so far been stymied. Looking to appease investors that sued the bank for losses when mortgages packaged into securities imploded during the financial crisis, the bank agreed to pay $8.5 billion in June 2011. But the settlement, which would help mollify investors including the Federal Reserve Bank of New York and Pimco, has been stalled.
Further thwarting Bank of America’s retreat from the mortgage business, federal prosecutors sued the bank in October, accusing it of churning through loans so quickly that quality controls were virtually forgotten. The Justice Department sued the bank under a law that could mean Bank of America could pay well more than $1 billion to settle.
Bank of America has been embroiled with other legal woes, including accusations that it misled investors about the acquisition of Merrill Lynch. Shareholders, led by pension funds, had said the bank provided false and misleading statements about the health of the Wall Street firm, which, unknown to the public, was racking up huge losses in late 2008 amid turmoil in the markets.
The separate agreement with 10 banks on foreclosure abuses concludes weeks of feverish negotiations between the federal regulators, led by the Office of the Comptroller of the Currency, and the banks. That settlement will end a troubled foreclosure review mandated by the banking regulators.
The deal, which was hashed out over the weekend, had teetered on the brink of collapse after officials from the Federal Reserve demanded that the banks pay an addition $300 million to address their part in the 2008 financial crisis, according to several people briefed on the negotiations who spoke on condition of anonymity.
The Federal Reserve, though, agreed to back down on the demands in the hope that the pact could move ahead and bring more immediate relief to homeowners struggling to stay afloat in a time of persistent unemployment and a sluggish economy.
The multibillion-dollar foreclosure settlement was driven, to a large extent, by banking regulators, who decided that a review of loan files was inefficient, costly and simply not yielding relief for homeowners, these people said. The goal in scuttling the reviews, which were mandated as part of a consent order in April 2011, was to provide more immediate relief to homeowners.
The comptroller’s office and the Federal Reserve said on Monday that the settlement “provides the greatest benefit to consumers subject to unsafe and unsound mortgage servicing and foreclosure practices during the relevant period in a more timely manner than would have occurred under the review process.”
The relief will be distributed to homeowners even if they did not file a claim for their loan files to be reviewed.
Concerns about the Independent Foreclosure Review began to mount in within the comptroller’s office, according to the people familiar with the matter. The alarm, these people said, was that the reviews were taking more than 20 hours a loan file at a cost of up to $250 an hour. Since the start of the review, the banks, which are required to pay for consultants to review the files, had spent an estimated $1.5 billion.
More vexing, the banking regulators said that the reviews were not providing any relief to borrowers or turning up meaningful instances where homes of borrowers current on their payments were seized, according to these people.
Michael J. de la Merced and Ben Protess contributed reporting.
Monica Martino had filmed tornadoes in the Midwest, ship collisions in the Antarctic and crab fishermen in Alaska's Bering Sea. But those experiences didn't prepare her for a terrifying nighttime boat ride in the Amazon jungle.
In February, the 41-year-old co-executive producer was thrown into a murky river after getting footage for "Bamazon," a series for the History cable channel about out-of-work Alabama construction workers mining for gold in the rain forest of Guyana.
Martino says the captain was blind in one eye and sailing too fast without a proper light. He lost control of the boat while making a hard turn, sending the crew into the river, where Martino was knocked out by the impact of hitting the water at high speed.
Pulled back into the boat, Martino regained consciousness. But on the journey back to base camp, the vessel struck a tree, slamming Martino into the deck. Although she sustained a concussion, bruised ribs and a badly torn shoulder, Martino said, she had to wait 19 hours to receive medical care at a clinic in Venezuela because the production company had no viable medical evacuation plan for the crew.
History and the production company, Red Line Films, declined to comment.
"It was a whole cascade of negligence," said Martino, who lives in Santa Monica. "We were put in a situation far beyond what any production crew should be expected to handle."
As reality TV has boomed over the last decade, action-adventure shows have become a lucrative nichein a medium hungry for high ratings. But the growth has also stirred concerns that some reality TV programs are cutting corners on safety, exposing cast and crew members to hazardous conditions.
A combination of tight budgets, lack of trained safety personnel and pressure to capture dramatic footage has caused serious and in some cases fatal incidents, according to interviews with television producers, safety consultantsand labor advocates.
Even the companies that provide insurance to Hollywood films and TV shows are reluctant to write policies for some of the edgier programs.
"These reality shows are getting riskier to get more ratings,'' said Wendy Diaz, senior underwriting director for the entertainment division of Fireman's Fund Insurance, one of the leading insurance carriers that serve the entertainment industry.
Records from OSHA and the state Division of Occupational Safety and Health show fewer than a dozen citations and accidents involving reality TV sets in the last five years, including a fatality that occurred this summer in Colorado during production of a proposed Discovery Channel series. But union officials, safety consultants and producers say those numbers don't begin to reveal the true extent of the problem.
PHOTOS: Where the last seasons left off
Many incidents go unreported because crew members sign non-disclosure agreements and fear being blacklisted if they file lawsuits. Record-keeping is further muddled by the fact that many of the shows are nonunion, and workers are often classified as independent contractors. OSHA typically tracks only serious accidents involving employees and has no jurisdiction if the incident occurs in a foreign country such as Guyana.
"Reality has a lot of near-misses and things that happen that you never hear about," said Vanessa Holtgrewe, an industry veteran and former camera operator on "The Biggest Loser" and "The X Factor" who now works as an organizer for the International Alliance of Theatrical Stage Employees. "On a lot of these shows, you're completely on your own. There is no one you can call if … you feel you're in a dangerous situation."
State and federal OSHA officials declined to comment specifically on incidents involving the reality TV sector.
Fireman's Fund estimated that it would underwrite 160 action-adventure reality shows in 2012, a 25% increase over the previous year. But itpassed on about 50 other reality TV programs because they were deemed too risky, Diaz said.
"We had people who wanted to go to Mexico to follow the drug cartels around," Diaz said. "We had one show where they were going to blow up a mine. We told them we wouldn't insure the show."
Reality series — which cover everything from "Survivor" to "Keeping Up With the Kardashians" — have provided a huge revenue stream for cable and broadcast networks. The shows have lower production costs than scripted entertainment and tend to attract the younger viewers favored by advertisers.
CRITIC'S NOTEBOOK: Try to believe in the new TV season
Author’s note: Most people don’t realize that we knew in the 1920s that leaded gasoline was extremely dangerous. And in light of a Mother Jones story this week that looks at the connection between leaded gasoline and crime rates in the United States, I thought it might be worth reviewing that history. The following is an updated version of an earlier post based on information from my book about early 10th century toxicology, The Poisoner’s Handbook.
In the fall of 1924, five bodies from New Jersey were delivered to the New York City Medical Examiner’s Office. You might not expect those out-of-state corpses to cause the chief medical examiner to worry about the dirt blowing in Manhattan streets. But they did.
To understand why you need to know the story of those five dead men, or at least the story of their exposure to a then mysterious industrial poison.
The five men worked at the Standard Oil Refinery in Bayway, New Jersey. All of them spent their days in what plant employees nicknamed “the loony gas building”, a tidy brick structure where workers seemed to sicken as they handled a new gasoline additive. The additive’s technical name was tetraethyl lead or, in industrial shorthand, TEL. It was developed by researchers at General Motors as an anti-knock formula, with the assurance that it was entirely safe to handle.
But, as I wrote in a previous post, men working at the plant quickly gave it the “loony gas” tag because anyone who spent much time handling the additive showed stunning signs of mental deterioration, from memory loss to a stumbling loss of coordination to sudden twitchy bursts of rage. And then in October of 1924, workers in the TEL building began collapsing, going into convulsions, babbling deliriously. By the end of September, 32 of the 49 TEL workers were in the hospital; five of them were dead.
The problem, at that point, was that no one knew exactly why. Oh, they knew – or should have known – that tetraethyl lead was dangerous. As Charles Norris, chief medical examiner for New York City pointed out, the compound had been banned in Europe for years due to its toxic nature. But while U.S. corporations hurried TEL into production in the 1920s, they did not hurry to understand its medical or environmental effects.
In 1922, the U.S. Public Health Service had asked Thomas Midgley, Jr. – the developer of the leaded gasoline process – for copies of all his research into the health consequences of tetraethyl lead (TEL).
Midgley, a scientist at General Motors, replied that no such research existed. And two years later, even with bodies starting to pile up, he had still not looked into the question. Although GM and Standard Oil had formed a joint company to manufacture leaded gasoline – the Ethyl Gasoline Corporation - its research had focused solely on improving the TEL formulas. The companies disliked and frankly avoided the lead issue. They’d deliberately left the word out of their new company name to avoid its negative image.
In response to the worker health crisis at the Bayway plant, Standard Oil suggested that the problem might simply be overwork. Unimpressed, the state of New Jersey ordered a halt to TEL production. And because the compound was so poorly understood, state health officials asked the New York City Medical Examiner’s Office to find out what had happened.
In 1924, New York had the best forensic toxicology department in the country; in fact,, it had one of the few such programs period. The chief chemist was a dark, cigar-smoking, perfectionist named Alexander Gettler, a famously dogged researcher who would sit up late at night designing both experiments and apparatus as needed.
It took Gettler three obsessively focused weeks to figure out how much tetraethyl lead the Standard Oil workers had absorbed before they became ill, went crazy, or died. “This is one of the most difficult of many difficult investigations of the kind which have been carried on at this laboratory,” Norris said, when releasing the results. “This was the first work of its kind, as far as I know. Dr. Gettler had not only to do the work but to invent a considerable part of the method of doing it.”
Working with the first four bodies, then checking his results against the body of the last worker killed, who had died screaming in a straitjacket, Gettler discovered that TEL and its lead byproducts formed a recognizable distribution, concentrated in the lungs, the brain, and the bones. The highest levels were in the lungs suggesting that most of the poison had been inhaled; later tests showed that the types of masks used by Standard Oil did not filter out the lead in TEL vapors.
Rubber gloves did protect the hands but if TEL splattered onto unprotected skin, it absorbed alarmingly quickly. The result was intense poisoning with lead, a potent neurotoxin. The loony gas symptoms were, in fact, classic indicators of heavy lead toxicity.
After Norris released his office’s report on tetraethyl lead, New York City banned its sale, and the sale of “any preparation containing lead or other deleterious substances” as an additive to gasoline. So did New Jersey. So did the city of Philadelphia. It was a moment in which health officials in large urban areas were realizing that with increased use of automobiles, it was likely that residents would be increasingly exposed to dangerous lead residues and they moved quickly to protect them.
But fearing that such measures would spread, that they would be forced to find another anti-knock compound, as well as losing considerable money, the manufacturing companies demanded that the federal government take over the investigation and develop its own regulations. U.S. President Calvin Coolidge, a Republican and small-government conservative, moved rapidly in favor of the business interests.
The manufacturers agreed to suspend TEL production and distribution until a federal investigation was completed. In May 1925, the U.S. Surgeon General called a national tetraethyl lead conference, to be followed by the formation of an investigative task force to study the problem. That same year, Midgley published his first health analysis of TEL, which acknowledged a minor health risk at most, insisting that the use of lead compounds,”compared with other chemical industries it is neither grave nor inescapable.”
It was obvious in advance that he’d basically written the conclusion of the federal task force. That panel only included selected industry scientists like Midgely. It had no place for Alexander Gettler or Charles Norris or, in fact, anyone from any city where sales of the gas had been banned, or any agency involved in the producing that first critical analysis of tetraethyl lead.
In January 1926, the public health service released its report which concluded that there was “no danger” posed by adding TEL to gasoline…”no reason to prohibit the sale of leaded gasoline” as long as workers were well protected during the manufacturing process.
The task force did look briefly at risks associated with every day exposure by drivers, automobile attendants, gas station operators, and found that it was minimal. The researchers had indeed found lead residues in dusty corners of garages. In addition, all the drivers tested showed trace amounts of lead in their blood. But a low level of lead could be tolerated, the scientists announced. After all, none of the test subjects showed the extreme behaviors and breakdowns associated with places like the looney gas building. And the worker problem could be handled with some protective gear.
There was one cautionary note, though. The federal panel warned that exposure levels would probably rise as more people took to the roads. Perhaps, at a later point, the scientists suggested, the research should be taken up again. It was always possible that leaded gasoline might “constitute a menace to the general public after prolonged use or other conditions not foreseen at this time.”
But, of course, that would be another generation’s problem. In 1926, citing evidence from the TEL report, the federal government revoked all bans on production and sale of leaded gasoline. The reaction of industry was jubilant; one Standard Oil spokesman likened the compound to a “gift of God,” so great was its potential to improve automobile performance.
In New York City, at least, Charles Norris decided to prepare for the health and environmental problems to come. He suggested that the department scientists do a base-line measurement of lead levels in the dirt and debris blowing across city streets. People died, he pointed out to his staff; and everyone knew that heavy metals like lead tended to accumulate. The resulting comparison of street dirt in 1924 and 1934 found a 50 percent increase in lead levels – a warning, an indicator of damage to come, if anyone had been paying attention.
It was some fifty years later – in 1986 – that the United States formally banned lead as a gasoline additive. By that time, according to some estimates, so much lead had been deposited into soils, streets, building surfaces, that an estimated 68 million children would register toxic levels of lead absorption and some 5,000 American adults would die annually of lead-induced heart disease. As lead affects cognitive function, some neuroscientists also suggested that chronic lead exposure resulted in a measurable drop in IQ scores during the leaded gas era. And more recently, of course, researchers had suggested that TEL exposure and resulting nervous system damage may have contributed to violent crime rates in the 20th century.
Which is just another way of say that we never got out of the loony gas building after all.
Images: 1) Manhattan, 34th Street, 1931/NYC Municipal Archives 2) 1940s gas station, US Route 66, Illinois/Deborah Blum
MOSCOW (AP) — The day after receiving his new Russian passport from President Vladimir Putin, French actor Gerard Depardieu flew Sunday to the provincial town of Saransk, where he was greeted as a local hero and offered an apartment for free.
Depardieu had sought Russian citizenship as part of his battle against a proposed super tax on millionaires in France.
Putin granted his request last week and then welcomed the actor late Saturday to his residence in Sochi, the host city of the 2014 Winter Olympics. Russian television showed the two men embracing and then chatting over supper, discussing a soon-to-be-released film in which Depardieu plays Russian monk Grigory Rasputin.
Depardieu flew Sunday to Saransk, a town about 500 kilometers (300 miles) east of Moscow, where he was met at a snow-covered airport by the governor and a group of women in traditional costume singing folk songs. He flashed his new passport to the crowd before setting out on a tour of the town.
The governor invited Depardieu to settle in Saransk and offered him an apartment of his choice, according to reports on state television.
Depardieu has not said where he would take up residence in Russia, only that he did not want to live in Moscow because it is too big and he prefers a village.
The Frenchman has spent a fair bit of time in Russia in recent years, including for the filming of the French-Russian film “Rasputin,” and he expresses an admiration for Putin. But it is Russia’s flat 13 percent income tax that appears to be the biggest draw at the moment as he flees high taxes in France.
France’s new Socialist government tried to raise the tax on income above €1 million ($ 1.3 million) to 75 percent from the current 41 percent. That plan was struck down by the highest court, but Budget Minister Jerome Cahuzac said Sunday that the government is reworking the law so the superrich will still be asked to pay an elevated rate. He said the government is also considering putting the new tax in place for longer than the two years initially imagined.
“I find it a bit pathetic that for tax reasons this man — whom by the way I admire infinitely as an actor — has decided to exile himself,” Cahuzac said.
___
Sarah DiLorenzo in Paris contributed to this report.
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Health insurance companies across the country are seeking and winning double-digit increases in premiums for some customers, even though one of the biggest objectives of the Obama administration’s health care law was to stem the rapid rise in insurance costs for consumers.
Bob Chamberlin/Los Angeles Times
Dave Jones, the California insurance commissioner, said some insurance companies could raise rates as much as they did before the law was enacted.
Particularly vulnerable to the high rates are small businesses and people who do not have employer-provided insurance and must buy it on their own.
In California, Aetna is proposing rate increases of as much as 22 percent, Anthem Blue Cross 26 percent and Blue Shield of California 20 percent for some of those policy holders, according to the insurers’ filings with the state for 2013. These rate requests are all the more striking after a 39 percent rise sought by Anthem Blue Cross in 2010 helped give impetus to the law, known as the Affordable Care Act, which was passed the same year and will not be fully in effect until 2014.
In other states, like Florida and Ohio, insurers have been able to raise rates by at least 20 percent for some policy holders. The rate increases can amount to several hundred dollars a month.
The proposed increases compare with about 4 percent for families with employer-based policies.
Under the health care law, regulators are now required to review any request for a rate increase of 10 percent or more; the requests are posted on a federal Web site, healthcare.gov, along with regulators’ evaluations.
The review process not only reveals the sharp disparity in the rates themselves, it also demonstrates the striking difference between places like New York, one of the 37 states where legislatures have given regulators some authority to deny or roll back rates deemed excessive, and California, which is among the states that do not have that ability.
New York, for example, recently used its sweeping powers to hold rate increases for 2013 in the individual and small group markets to under 10 percent. California can review rate requests for technical errors but cannot deny rate increases.
The double-digit requests in some states are being made despite evidence that overall health care costs appear to have slowed in recent years, increasing in the single digits annually as many people put off treatment because of the weak economy. PricewaterhouseCoopers estimates that costs may increase just 7.5 percent next year, well below the rate increases being sought by some insurers. But the companies counter that medical costs for some policy holders are rising much faster than the average, suggesting they are in a sicker population. Federal regulators contend that premiums would be higher still without the law, which also sets limits on profits and administrative costs and provides for rebates if insurers exceed those limits.
Critics, like Dave Jones, the California insurance commissioner and one of two health plan regulators in that state, said that without a federal provision giving all regulators the ability to deny excessive rate increases, some insurance companies can raise rates as much as they did before the law was enacted.
“This is business as usual,” Mr. Jones said. “It’s a huge loophole in the Affordable Care Act,” he said.
While Mr. Jones has not yet weighed in on the insurers’ most recent requests, he is pushing for a state law that will give him that authority. Without legislative action, the state can only question the basis for the high rates, sometimes resulting in the insurer withdrawing or modifying the proposed rate increase.
The California insurers say they have no choice but to raise premiums if their underlying medical costs have increased. “We need these rates to even come reasonably close to covering the expenses of this population,” said Tom Epstein, a spokesman for Blue Shield of California. The insurer is requesting a range of increases, which average about 12 percent for 2013.
Although rates paid by employers are more closely tracked than rates for individuals and small businesses, policy experts say the law has probably kept at least some rates lower than they otherwise would have been.
“There’s no question that review of rates makes a difference, that it results in lower rates paid by consumers and small businesses,” said Larry Levitt, an executive at the Kaiser Family Foundation, which estimated in an October report that rate review was responsible for lowering premiums for one out of every five filings.
Federal officials say the law has resulted in significant savings. “The health care law includes new tools to hold insurers accountable for premium hikes and give rebates to consumers,” said Brian Cook, a spokesman for Medicare, which is helping to oversee the insurance reforms.
“Insurers have already paid $1.1 billion in rebates, and rate review programs have helped save consumers an additional $1 billion in lower premiums,” he said. If insurers collect premiums and do not spend at least 80 cents out of every dollar on care for their customers, the law requires them to refund the excess.
As a result of the review process, federal officials say, rates were reduced, on average, by nearly three percentage points, according to a report issued last September.
Lance Armstrong reportedly is weighing confessing to using performance-enhancing drugs. (Thao Nguyen / Associated Press / February 15, 2011)
By Lance Pugmire
January 5, 2013, 7:11 a.m.
Lance Armstrong reportedly is weighing confessing to using banned performance-enhancing drugs and blood transfusions during his run of seven Tour de France titles.
Armstrong, who was stripped in October of his Tour titles and banned for life from competition by the U.S. Anti-Doping Agency, is pursuing the admission as a route to regain his eligibility to compete, the New York Times first reported Friday.
Armstrong’s attorney, Tim Herman, told the newspaper, “I suppose anything is possible. Right now, that’s not really on the table.”
Citing pressure from the cancer-fighting charity he helped create, Livestrong, Armstrong, 41, reportedly has held discussions with his longtime nemesis, USADA Chief Executive Travis Tygart, in an attempt to negotiate a lifting of the ban, one person told the New York Times.
Armstrong has competed in triathlons and running events since his lifetime ban took effect.
Efforts to reach Tygart and Armstrong’s representatives Friday night were not immediately successful.
The World Anti-Doping Code allows for lightened punishment for those who fully detail their doping protocol in a confession.
Armstrong lost a slew of endorsement deals after he was banned, and any confession would probably leave him in jeopardy of perjury accusations since he has given sworn statements denying he used banned substances in prior legal cases.
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Galileo false-color image of the Mare Tranquillitatis and Mare Serenitatis areas of the Moon. The picture was made from four exposures taken during Galileo's second Earth/Moon flyby.
The colors are enhanced to highlight compositional differences.
Mare Tranquillitatis at left appears blue due to titanium enrichment. Orange soil in Mare Sarenitatis at lower right indicates lower titanium. Dark purple areas at left center mark the Apollo 17 landing site, composed of explosive volcanic deposits.
Red lunar highlands indicate low iron and titanium. Mare Serenitatis is roughly 1300 km across and North is at 5:00. The 95 km diameter crater Posidonius, centered at 32 N, 30 E, is at the middle of the bottom of the frame.