Republican legislative leaders call on Shumlin to extend health care exchange deadline by one year

first_imgby Anne Galloway vtdigger.org Republican leaders in the House and Senate are calling on Governor Peter Shumlin to delay implementation of mandated insurance coverage for individuals and small businesses under the state’s health care exchange until December 31, 2014.In a letter to Shumlin, Rep. Don Turner, R-Milton and minority whip of the House, and Sen. Joe Benning, R-Caledonia, demanded that the governor grant Vermonters a one year reprieve from the legal mandate until the exchange system is ‘perfected.’‘It is obvious that the system now intended to connect Vermonters to their new health insurance is not fully operational,’ Turner and Benning wrote. ‘None of us are sure of when it will be so. Too many Vermonters, now with insurance, are needlessly anxious about whether they will be able to retain any insurance at all while the system is fixed. The system should be fully operational before mandates are applied.’Turner and Benning have introduced bills in the House and the Senate, respectively to delay implementation of the mandate until 2014.They encouraged the governor, to institute a one-year delay ‘if it is within your power to grant this delay’ without legislative approval.In a statement issued to media outlets on Wednesday night, Turner and Benning said Vermonters should have access to current insurance plans while the state improves the Vermont Health Connect system.‘We strongly feel this is the only way to ensure that Vermonters will have access to quality health care services and affordable health insurance on Jan. 1, 2014, and beyond,’ they wrote. ‘The well-being of Vermonters is still at risk. It’s our job to represent their interests as we promised. We will continue to do our jobs and today we take another step that will result in a positive outcome for Vermonters. Vermonters deserve it.’Individuals who purchase insurance on their own and companies with 50 or fewer employees must buy medical coverage through the exchange by March 31. Companies have the option to buy exchange plans directly from the insurers.The original deadline for signing up for the exchange was Dec. 31. Shumlin announced an extension of the deadline last week. Technical problems and delays plaguing the Web-based exchange forced the administration to offer new options.Business owners must decide by Nov. 25 if they want to extend current benefits to employees through March 31.Small businesses can buy exchange plans directly from one of the two insurers ‘ Blue Cross Blue Shield of Vermont and MVP Health Care ‘ or make no decision and allow the insurer to choose a plan that most closely resembles the business’ current one.The administration is automatically extending state-subsidized Catamount and VHAP plans for low-income Vermonters who are already enrolled in the plans through March 31.Last month Benning and Turner called on legislative leaders and the governor to use the safety provision in Act 171 to extend the deadline for mandatory coverage under the exchange if the system wasn’t operational by Dec. 1, 2013. Shortly afterward, House Speaker Shap Smith says he persuaded the Shumlin administration to announce their contingency plan.Vermont is the only state in the nation that has made it mandatory for a segment of the population ‘ 100,000 citizens ‘ to enroll in the exchange program.As of Wednesday, 3,401 Vermonters had chosen an exchange plan, according to Emily Yahr, the public information officer for Vermont Health Connect.Turner said he tried to enroll his family on the exchange this week and the site wasn’t working. He had to fill out a paper form with a navigator instead.‘The governor’s actions puts us in limbo,’ Turner said. ‘People don’t know what is going to happen after March. Since we already moved to March 31, we’re hoping he will move the deadline to the end of the year.’Business owners are exasperated and too few Vermonters are signing up, Benning said, and ‘unless people flock to enroll with a system that’s operational we have a major problem.’‘The system is not ready for prime time,’ Benning said in an interview. ‘Everyone agrees with that, it doesn’t matter what party label you carry.’When asked whether he would consider a year delay for mandatory participation in the exchange, Rep. Mike Fisher, D-Lincoln, chair of the House Health Care Committee said there were good policy reasons for Act 171, and ‘opponents will use every opportunity to express their opposition.‘Despite significant issues we’re in the middle of, it’s my hope these are transitional problems and not structural problems,’ Fisher said.Fisher says if low enrollment continues to be a problem, ‘Everything is on the table.’The New York Times reported Thursday that President Barack Obama was poised to announce an ‘administrative fix’ to the Affordable Care Act that would allow insurers to extend non-qualifying health care coverage through next year.last_img read more

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With concerns about enforceability top-of-mind, Prairie Village council decides against adopting face mask ordinance

first_imgThe Prairie Village city council has rejected a proposed ordinance that would have required people to wear a facial covering in stores and other public spaces.The idea, which had been introduced by Ward 1 Councilmember Jori Nelson earlier this month, had drawn passionate response from residents and business owners in the days leading up to Monday’s remote council meeting, with many telling city officials they believed it would be an overreach and difficult to enforce. Others, however, said that with wide lack of adherence to public health officials’ strong recommendation to wear masks in public, the city should put the rule in place to protect the well-being of those within the city limits.In the end, concerns about enforceability and effectiveness were enough to dissuade seven of 12 councilmembers from supporting adoption.Nelson said she was motivated to propose the ordinance by a desire to “protect the health, welfare and safety of our city,” noting that states and municipalities across the country have adopted similar measures.“This is an easy and effective tool to slow the spread of the virus,” she said.But the practicalities of putting such a mandate on the city’s books caused significant concerns among many of her peers.Councilmember Ian Graves said he worried that without more widespread adoption of such ordinances in Johnson County and beyond, Prairie Village would take on the burden of enforcing a statute that would have marginal public health benefit. Other areas that have mandated mask wearing — like Los Angeles — have larger populations and their own public health departments to help with enforcement. Without such factors in place here, he said, a face mask ordinance may be more trouble than it’s worth.“If people are going to surrounding cities where people are not engaged in [asking citizens to wear masks], how effective, really, is our mask ordinance?” Graves said. “The primary studies I’ve seen generally apply a universal masking policy in place, not a situation where a small suburban town surrounded by cities not engaging in the same public health policy is trying to preserve itself in this way.”A number of members of the governing body cited the memorandum authored by Police Chief Tim Schwartzkopf, who said he was against the ordinance because of the strains it was likely to put on his department. Prior to the council’s vote, Mayor Eric Mikkelson noted that it was unprecedented in his tenure as a city official for the police chief to express such strong opinions about an issue. Mikkelson characterized the memo as a “clearly worded alarm bell that this is going to cause major problems, likely, for him and his police officers.”After about an hour of discussion, the council voted 7-5 against the ordinance.Councilmembers voting in favor of adoption were:Chad Andrew Herring, Jori Nelson, Inga Selders, Tucker Poling and Piper Reimer.Councilmembers voting against the ordinance were:Ron Nelson, Bonnie Limbird, Sheila Myers, Dan Runion, Courtney McFadden, Ian Graves and Terrence Gallagher.Mikkelson, who noted that there was little doubt that masks are effective in helping stem the spread of the coronavirus, said he planned to work to form a group that would help promote the idea of wearing face masks in public through communications efforts.Councilmembers and city staff received several hundred emails from residents expressing their opinions about the proposal in the lead up to Monday’s meeting. Prior to the vote, Mayor Eric Mikkelson said he had felt the “fabric of Prairie Village being stretched by the discussion” in a troubling way.last_img read more

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Top 10 things lawyers need to know when handling a small claims case

first_img April 1, 2007 Regular News Steven G. Rogers Marion County Court Judge 10. Corporations Can Fly Solo. Most lawyers are aware that a corporation must be represented by counsel in legal proceedings. See, e.g., Szteinbaum v. Kaes Iversiones y Valores, C.A., 476 So. 2d 237 (Fla. 3rd DCA 1985). However, Florida Small Claims Rule 7.050(a)(2) (2007), provides that a corporation “may be represented at any stage of the trial court proceedings by an officer of the corporation or any employee authorized in writing by an officer of the corporation.” 9. Discovery Rules Do Not Apply to an Unrepresented Party, Unless.. . Attorneys need not worry about serving discovery requests upon an unrepresented party, as Rule 7.020(b) (2007) provides that a party who is not represented by an attorney is not subject to the discovery rules contained in Florida Rules of Civil Procedure 1.280 – 1.380 (2007). The exception to this rule is that an unrepresented party is subject to the discovery rules if the unrepresented party directs discovery to a party represented by an attorney. Also, Rule 7.020(c) (2007) provides that the court can authorize the small claims action to proceed under one or more of the Florida Rules of Civil Procedure, including the discovery rules. 8. Attendance at the Pretrial Conference is Mandatory — Even If You Filed a Defensive Pleading. A common error committed by attorneys representing a party in a small claims case concerns the failure to read Rule 7.090(c). Filing a Motion to Dismiss does not “excuse the personal appearance of a party or attorney on the initial appearance date (pretrial conference).” 7. If You Want a Jury Trial, You Need To Ask For One, In Writing, Right Now! Jury trials are available for small claims cases. However, Rule 7.150 indicates that any request for a jury trial must be in writing and must be requested by the plaintiff at the time of the commencement of the suit or of the defendant within five days after notice of the suit or at the pretrial conference. The rule does not permit an attorney to make an ore tenus demand for a jury trial at the time of the pretrial conference. 6. Bring the Checkbook to Mediation. (Pens Will be Provided by the Court) Often, attorneys will appear at the pre-trial conference and mediation having just recently been retained and without much knowledge concerning the issues in dispute. Rule 7.090(f) (2006) specifically provides that an attorney or corporate representative may appear on behalf of a party at mediation only if they have full authority to settle the disputed claim, without further consultation. 5. Can you file a Motion for Summary Judgment? Yes and No. As referenced in #9 above, most of the Florida Rules of Civil Procedure are not automatically applicable in a small claims case. However, hidden (and often overlooked) in the Small Claims Rules is Rule 7.135 titled “Summary Disposition.” The rule provides as follows: “At pretrial conference or at any subsequent hearing, if there is no trial issue, the court shall summarily enter an appropriate order or judgment.” In consideration of the streamlined aspects of the small claims rules, this rule appears to permit the filing of a motion which may be considered by the court at the pretrial conference or a subsequent hearing, in which the court may summarily enter a judgment on behalf of the moving party. 4. Case didn’t settle at Mediation? Get Ready for Trial (and quickly)! Rule 7.090(d) directs the court to set the case for trial not more than 60 days from the date of the pretrial conference. The rule does allow the parties to stipulate to a shorter or longer time for setting the trial, but any such stipulation is subject to the approval of the court. 3. You Snooze, You Lose. You Nap, You May Still Lose. Most attorneys are familiar with the one-year rule governing lack of prosecution in most civil actions. However, small claims actions are subject to dismissal for lack of prosecution after only six months of “inactivity,” as provided by Rule 7.120(e). 2. If You Want Monetary Damages in That Eviction Action, Then You Must Get Personal (Service, That Is). Eviction actions typically involve the claim for eviction as well as a related claim for monetary damages for unpaid rent, late fees, etc. Although posting of the complaint may be sufficient service for the eviction action, the plaintiff must obtain personal service on the defendant(s) in order for the court to award monetary damages. See §83.625 (2006). 1. Is It OK To File an OJ in a SC Case? Can an attorney protect his/her client’s claim for reimbursement of attorney’s fees by filing an offer of judgment (i.e. proposal for settlement)? The answer is … it depends. Florida Rule of Civil Procedure 1.442 governs proposals for settlement and, as indicated in #9 above, is not applicable in small claims actions without being ordered or prescribed by the court. However, some attorneys have served an offer of settlement pursuant to §768.79 (2007). Some courts have validated the filing of an offer of judgment in a small claims action, and other courts have not. The best practice would be to request application of Rule 1.442 and to receive an order of the court regarding the same. Top 10 things lawyers need to know when handling a small claims casecenter_img Top 10 things lawyers need to know when handling a small claims caselast_img read more

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EMD to produce passenger demonstrator loco

first_imgUSA: Electro-Motive Diesel announced the development of a 200 km/h ‘next generation’ diesel passenger locomotive for the North American market at APTA Expo 2011 in New Orleans on October 3. The design is being produced on a speculative basis, and a prototype is to be rolled out during 2014.The four-axle diesel-electric locomotive will have ‘streamlined’ styling, including a prominent roof-level headlight for a ‘classic’ American look. The body will incorporate a high level of collision protection, and the microprocessor-controlled onboard equipment will be designed for ‘mission completion’ with predictive and diagnostic capabilities and no single point of failure.The engine has not yet been finalised, but will be from the Caterpillar range; it will be compliant with the EPA Tier 4 emissions regulations which come into effect for new locomotives from 2015.Meanwhile, EMD is no longer actively developing the 66EU, which was to have been an updated version of its popular Class 66 freight locomotive specifically adapted for the Continental European market.last_img read more

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Win a Scary Stories to Tell in the Dark merch pack

first_imgThe competition closes at 23.59 (GMT) on Wednesday 28th August 2019.Terms & Conditions Scary Stories to Tell in the Dark is showing at Arrow Video FrightFest tonight and will be released across the UK from tomorrow (23rd August).It’s 1968 in America. Change is blowing in the wind…but seemingly far removed from the unrest in the cities is the small town of Mill Valley where for generations, the shadow of the Bellows family has loomed large. It is in their mansion on the edge of town that Sarah, a young girl with horrible secrets, turned her tortured life into a series of scary stories, written in a book that has transcended time-stories that have a way of becoming all too real for a group of teenagers who discover Sarah’s terrifying home.Credit: Entertainment OneThe film is directed by André Øvredal and features horror maestro Guillermo del Toro among its producers. The cast includes Austin Abrams, Dean Norris, Gil Bellows and Lorraine Toussaint.We’ve got 2 merch packs to give away that include a t-shirt, phone case, notebook, torch and blemish stick.To be in with a chance of winning, enter below… The competition is open to all UK residents over the age of 15.Winners will be selected at random.By entering into the competition all entrants agree to be bound by the terms and conditions.Entertainment Focus does not allow collective or proxy entries.Entertainment Focus reserves the right to change or withdraw this competition without notice.Entertainment Focus will not pass your details to any third parties and they will be used solely for communication regarding this competition.Winners will be notified via email or social media and prizes must be claimed within 5 working days.Winners will be selected at random.In the unlikely event the prize style has discontinued a similar model to the same value will be provided.There is no cash or other alternative to the prize stated and the prize is not transferable. No part or parts of the prize may be substituted for other benefits, items or additions.Entertainment Focus’ decision is final – no correspondence will be entered into.last_img read more

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West Florida’s Patterson Named GSC Player Of The Week

first_imgWest Florida’s Patterson Named GSC Player Of The Week Share Jan. 10, 2008BIRMINGHAM, Ala. – The Gulf South Conference has announced its women’s basketball players of the week for games from January 1 thru January 8th. In the East Division, West Florida guard Chelsea Patterson captured her first ever honor. In the West, Arkansas Tech center Ruby Vaden received the award, and it was also her first player of the week award.West Florida guard Chelsea Patterson (Fr., 5-5, Largo, Fla.) was named the East Division Player of the Week for her outstanding performances in two Argonaut games this week. Although the Argonauts went 1-1 on the week, Patterson elevated her game to earn this week’s honors. The freshman guard averaged 22.5 points per game, while also picking up six rebounds. In a 72-66 loss to #10 Southern Connecticut State, she had 28 points, connecting on 14-of-16 from the free throw line. Patterson also had three assists and a block in 35 minutes on the floor. On defense, the freshman had three steals for the week. In the win over Plam Beach Atlantic, Patterson scored 17 points in only 18 minutes of playing time.Patterson is leading the Argonauts in scoring this season, with a 13.2 average. She also leads the team in steals with 34 so far in 15 games, and is second on the team with 43 assists. This is the first GSC player of the week this season for the West Florida women, and the 28 points vs. southern Connecticut State was a season high for an Argonaut this year. Patterson now has three games with 20 or more points, as she scored 20 in the season opening loss to Florida Southern, and tallied 27 points in an overtime win vs. Mobile, earlier this year.The Argonauts are 7-8 on the season and begin conference play this weekend, when North Alabama comes to town. The Argonauts take on the Lions in a men’s and women’s doubleheader on Saturday at the UWF Fieldhouse. The men tip-off at 2:30, and the women’s game follows at 4:30 pm. The games will be broadcast on Stretch Internet. To listen to the contest, go to the UWF athletics home page (www.goargos.com) and find the stretch internet link on the right column. Print Friendly Versionlast_img read more

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Prep Baseball Results; Apollo Blanks Rocori

first_img 720p HD About Connatix V56892 Apollo 4, Rocori 0(Reese Gregory threw a complete-game 6-hit shutout with 10 strikeouts for the Eagles)Sartell-St. Stephen 9, Willmar 3(Blake Guggenberger had 3 RBIs and Dylan Hollenkamp was 2-4 with a run scored and 2 RBIs for the Sabres)Cathedral 18, Milaca 2(Waylon Bemboom hit a homerun and Brian Minks had 3 hits for the Crusaders)Fergus Falls 8, Tech 2Alexandria 10, Sauk Rapids-Rice 1080p HD Visit Advertiser website GO TO PAGE Skip 1/1 About Connatix V56892 Auto (360p) 360plast_img

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Lynn refuses to leap at chance of Australia test spot

first_imgMELBOURNE,  (Reuters) – Chris Lynn has not given up on winning a berth in a rebuilding Australia test side but the hard-hitting batsman will not risk injury to claim a place. Lynn, one of the most potent sloggers in short-form cricket, has a history of serious shoulder injuries and dislocated his right one diving to field a ball in a Twenty20 international against New Zealand in February.“It’s something not worth risking,” Lynn told reporters in Perth yesterday.“If the ball is touch and go, then I’m better off just letting it go for four or whatever it may be than potentially missing four to six months with a shoulder injury. “I’ve been in that situation too many times now. Mentally it’s tiring. Obviously, physically it is, but mentally it’s probably twice as hard.“I don’t know how many times the shoulder can take it.”The 28-year-old has been recalled in a new-look Australia one-day international squad captained by Aaron Finch, with former skipper Tim Paine jettisoned after leading the team to a 5-0 series defeat in England. He has opted out of playing in the domestic Sheffield Shield competition, so will need to impress selectors with a pile of runs in three ODIs against South Africa starting in Perth on Sunday.Even then, the chances of breaking into Paine’s test side were slim, Lynn conceded.“I don’t want to get too far ahead of myself, but if I do happen to score runs in these next three games, then obviously I’d put my hand up for test selection, but I think that’s a little bit out of the equation,” he said. Australia’s T20 side were hammered 3-0 in the recent series against Pakistan in the United Arab Emirates, and Lynn said the country’s batsmen needed to be more calculating than aggressive at the crease.   “We saw over in the UAE we probably took too many risks,” Lynn said.“We want to play fearless cricket, not reckless, and I think there’s a massive difference there. So maybe put our egos aside a little bit and just bat. Spending time in the middle is the best way to do that.”last_img read more

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Morata optimistic about swift return to action

first_img Upd. at 19:31 Alvaro Morata has suggested he could be fit for Juventus’s Serie A match against Inter Milan next weekend.  10/10/2015 However, the former Real Madrid man has taken to Twitter to explain that things aren’t as bad as some had feared.  Juve had earlier confirmed that the 22-year-old had suffered from bruising in his right leg, although they didn’t state when he could be expected back in action.  CESTcenter_img Sport EN The forward was carried off on a stretcher during Spains’s win over Luxembourg on Friday night, with the grimace on his face suggesting the injury could be serious.  “Not one month, not four,” he wrote. “I am working hard to be ready for Sunday.”  “The striker’s condition will continue to be monitored over the coming days,” the Italian club said.last_img read more

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NBA Recap, 8/1/19 – Harden and Rockets bounce back by beating Denver

first_imgAdvertisement tpa4iNBA Finals | Brooklyn Vs5ceue9Wingsuit rodeo📽Sindre E1xff7( IG: @_aubreyfisher @imraino ) 7eyWould you ever consider trying this?😱5pgyxpCan your students do this? 🌚cdbRoller skating! Powered by Firework James Harden and the Houston Rockets bounced back, beating the Denver Nuggets 125-113. Harden had 32 points and 14 assists, and the Rockets got back to winning ways after yesterday’s loss in Portland. Clint Capela also had a monster game with 31 points and 9 rebounds.Advertisement The San Antonio Spurs claimed their fifth straight win in Detroit, beating the Pistons 119-107. DeMar DeRozan and LaMarcus Aldridge scored 25 and 26 points respectively for the Spurs.Advertisement The Celtics put in a great team performance to take care of the Brooklyn Nets by a 116-95 scoreline. Eight players were in double digits for Boston, lead by 17 from point guard Kyrie Irving.Meanwhile, Anthony Davis’ 36 points and 13 rebounds led the Pelicans to a 114-95 win over the Grizzlies. Fellow MVP candidate Giannis Antetokounmpo had a stellar game as well. The ‘Greek Freak’ scored 30 points as the Bucks clinched a 114-102 win over the Utah Jazz.Advertisement The Los Angeles Lakers claimed a much-needed win in Dallas, beating the Mavericks 107-97. Brandon Ingram and Lonzo Ball had 29 and 21 points apiece. The Kings claimed a 111-95 home win over Orlando, and Portland Trail Blazers won 111-101 against the faltering New York Knicks.That’s all the action from today, visit this space tomorrow for more of the same!   Advertisementlast_img read more

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