Jackson Jambalaya

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For a collection of all readings, see sidebar on the right.

Here is today's reading the health care bill. Feel free to clarify or make serious comments about the bill. If corrections are needed or the wrong interpretation is used, feel free to point it out as I'm no authority on this subject by any stretch of the imagination. Fire away.

Page 104. Section 1302: Essential Health Benefits Requirements. Section (b)(1) on page 105 states the following benefits will be included in every plan: Emergency services, hospitalization, maternity and newborn care, mental health and substance abuse treatment, ambulatory patient services, prescription drugs, rehab services and devices, lab services, preventative and wellness services, chronic disease management, and pediatric services. Pediatric services MUST include oral and eye care.

Section (A) on page 106 states the "scope" of the benefits mandated by this section must be equal to the "scope" of the benefits provided under the "typical" employer plan. Who shall determine what is "typical? Why the government of course. It will take a survey of all plans and ensure your plan conforms to the norm.

Section (4)(B) on page 107 states the government will not base use age, disability, or expected length of life in determining coverage, premiums, or benefits.

Once again, the out-of-network issue rears its head. (ii) on page 108 states "is such services are provided out-of-network, the cost-sharing requirement (expressed as a copayment or coninsurance rate) is the same requirement that would apply if such services were provided in- network". So does that mean health insurers can no longer limit coverage or how much they will pay if you use out-of-network services?

Limits are placed on deductibles. A deductible can not exceed $2,000 for an individual plan or $4,000 for all other plans. This can be adjusted if it affects the "actuarial value" of the plan. Huh? Cost-sharing is defined as well. The law defines its as any deductible, copay, coninsurance, or payment made by anyone for a "qualified medical expense" but does not include premiums.

There will be levels of plans (page 114) and to show the government is actually creative, they are called bronze, silver, gold, or platinum. Each level is determined by the percentage of benefits that are covered under the plan as compared to their full value.

Bronze: Plan covers 60% of the full value of the benefits.
Silver: Plan covers 70% of the full value of the benefits.
Gold: Plan covers 80% of the full value of the benefits.
Platinum: Plan covers 90% of the full value of the benefits.

Section (e) on page 116 covers catastrophic plans. It says such plans are qualified if the only people allowed to enroll in them are under the age of 30. It must also offer coverage for three primary care visits. Suppose you are a lawyer, 6 years out of law school, have your own practice, and want to just carry catastrophic coverage but are 33 years old. You will be out of luck and unable to purchase a catastrsophic plan.

Section (f) on page 118 also requires the insurer to offer a "child-only plan" for those under the age of 21 if it offers a regular plan as well.

Copy of Bill

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OHMYGOSHOHMYGOSHOHMYGOSH!!!! THE STATE IS TRYING TO TAKE OVER THE LEVEE BOARD. OHMYGOSHOHMYGOSHOHMYGOSH!!! or at least that is what I thought after reading the latest article in the Jackson Free Press on the Rankin-Hinds Pearl River Drainage and Flood Control District. The headline states: "State again tries to take over the levee board". Adam Lynch writes:
" Board attorney Trudy Allen told the board that Secretary of State Delbert Hosemann has listed the Levee Board, which to date has operated independently of the state, as a state agency in Mississippi's 2010 Blue Book of state agencies." The accompanying picture of Secretary of State Delbert Hoseman has the caption "Mississippi Secretary of State Delbert Hosemann wants to designate the Rankin-Hinds River Flood and Drainage Control District as a state agency." Article

It wasn't just one or two sentences as Lynch again stated:
"Hosemann's spokeswoman Pam Weaver said the Secretary of State's Office lists all boards and commissions in the bluebook, but did not explain the the reason for designating it as a state agency.

The latest attempt to gain authority over the Levee Board comes three months...."

Wow. So IS the state trying to take over the Levee Board? I was alarmed, as after reading Lynch's story and Ms. Allen's remarks, I was fearful the state might try to take over this distinguished and well-respected body. I decided to look through the Blue Book itself. Want to know where the Levee Board is listed? Under "Natural Resources" on page 462 along with the Pearl River Industrial Commission, Chickasaw Natural Gas Board, DEQ, DWFP, Environmental Quality Permit Board, Mississippi Levee Board, Gulf States Marine Fisheries, Mississippi Soil and Water Conservation Commission, Pat Harrison Waterway District, Pearl River Basin Development District, Pearl River Valley Water Supply District, Tenn-Tom Waterway Development Authority, State Oil and Gas Board, Tombigbee Valley Authority, and Yazoo Mississippi Delta Joint Water Management District. Page 231

Ok, I breathed easier. The current edition of the Blue Book apparently listed all government agencies in Mississippi that dealt with natural resources whether they be state agencies or boards governed and funded by local governments. A further examination revealed on page 236 the Blue Book has a section designated for county governments. All county governments, supervisors, and county officials were listed in the publication. A section for municipal governments starts on page 338 and does the same for municipal governments in Mississippi. I finally relaxed when I realized the Blue Book is a reference book and the Secretary was merely including all government agencies in Mississippi, including all boards, districts, and commissions.

It also doesn't help matters when the JFP reports "Board attorney Trudy Allen told the board that Secretary of State Delbert Hosemann has listed the Levee Board, which to date has operated independently of the state, as a state agency in Mississippi's 2010 Blue Book of state agencies." when an actual reading of the Blue Book reveals Hosemann did no such thing. One can only hope Ms. Allen will send a clarification of what she meant or a correction to the JFP or this website.

Why then did the Jackson Free Press use a listing of the Levee Board as an excuse to say Hoseman was trying to "designate the Rankin-Hinds River Flood and Drainage Control District as a state agency"? One must wonder if the JFP is actually trying to report the facts or instead is pursuing a rabid jihad against anything it imagines might be related to Two Lakes. It would have helped if Lynch had actually covered his assignment as several people at the meeting informed JJ Mr. Lynch arrived late, walked around, would leave the meeting for awhile, then return, and didn't tape any part of the meeting.

The JFP smeared Delbert Hosemann and completely fabricated these accusations against Mr. Hosemann as there is no evidence whatsoever he is trying to "designate" the Levee Board as a "state agency". This is just another attempt by Ladd & Lynch to engage in more Two Lakes hysteria.

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A local blog, the Flora Harvester, reported yesterday "The Flora Harvester has been informed that State Auditor Stacey Pickering's office has dispatched a team of 6 auditors as part of the offices Audit Response Team to Madison County today. The team is reportedly looking into contracts the county has with Warnock and Associates Engineering."

JJ received the same information yesterday but was unable to confirm. Does anyone know if this is true?

Note: Its in the media now. Madison County Journal Story

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"But today some Republicans are losing their nerve on repeal. Rep. Mark Kirk, who is running for the Senate in Illinois, signed the repeal pledge and even vowed to "lead the effort" for repeal, but has since backed off, declaring "I voted against it, but we lost." Sen. Richard Burr of North Carolina , who is running for reelection, has said that "total repeal" is unlikely. And Sen. Lamar Alexander of Tennessee, who is in charge of messaging for the Republican Senate leadership, says that instead of repeal, Republicans should promise "at least big changes" to the bill.

Not exactly a resounding battle cry..." Link

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For a collection of all posts on Evans case, see sidebar on right. Synopsis at bottom of post.


Mississippi Valley Title Insurance Company and its parent company, Old Republic, filed a motion to hold Charles Evans in contempt of court on April 6 in U.S. Bankruptcy Court. Judge Neal Olack had ordered Mr. Evans to submit to a Rule 2004 exam by Mississippi Valley Title before April 1. Apparently Mr. Evans' attorney even went so far as to claim he had tried to make his client appear for the exam but was unsuccessful in his efforts. The motion also accuses Mr. Evans of withholding documents and failing to provide an accounting of his lawyers trust account. Mississippi Valley Title asked the Court to issue civil and criminal sanctions against Mr. Evans. Indeed, MVT asked for "severe" sanctions. Copy of motion

Mississippi Valley Title Insurance also filed an answer in the suit filed by Westport Insurance Company, the malpractice insurance carrier for Charles Evans. Westport filed suit seeking to withdraw its coverage of Charles Evans in January. Copy of motion, Copy of answer Mississippi Valley Title opposes Westport's withdrawal from the case. MVT demanded a jury trial. The suit mentions MVT and Old Republic because they are plaintiff's in a lawsuit against Charles Evans and Bank of Forest because it is involved in litigation against Charles Evans as well.

Another development that is interesting is Mississippi Valley Title filing a claim on April 9 against Chris Evans in Bankruptcy Court. Despite representing to the Court in November that 65 claims for $41 million had been filed against the insurance company by banks victimized by the Evans brothers, Mississippi Valley Title stated its claim against the estate at $13,119,842, a difference of nearly $28 million. MVT's claims registration, November affidavit, Itemized list of loans

The proof of claim filed by Mississippi Valley Title states it has only paid four claims for $1,975,000 in the Evans case despite the fact it filed suit against the Evans brothers in September. Mississippi Valley Title paid Metropolitan Bank $500,000, Holmes County Bank $525,000, M&F Bank $450,000, and Commercial Bank & Trust $500,000. Eight months since the fraud was discovered by Mississippi Valley Title yet only four claims have been paid.

Meanwhile, Mississippi Valley Title released its 2009 annual statement and an accompanying actuarial opinion, and statement of investments. The claims reserves are approximately $34 million and relatively unchanged from the previous year.

Synopsis of Evans case (This feature will be included with future posts on Evans case): Charles Evans, Jr. was an attorney approved by Mississippi Valley Title Insurance Company to provide title certificates to MVT and lenders showing a borrower had clear title to property. MVT filed a lawsuit in September accusing his brother of using over 30 LLC's to obtain fraudulent loans from over 30 banks in Mississippi. Chris Evans would allegedly use one company to purchase a large tract of prime commercial real estate in Madison and Desoto Counties. Another company owned by Evans would obtain a commercial real estate mortgage on a smaller section of the tract yet that borrowing company never obtained a deed showing ownership of the land from the other company. Thus the smaller tract was actually non-existed as the larger tract was never actually subdivided. Charles would allegedly provide a title certificate however showing the borrowing company owned the land even though it didn't. Over 80 loans for nearly $50 million were issued by Mississippi banks to companies owned by Chris Evans for lands those companies either did not own. MVT has testified federal authorities are currently investigating the case. Chris Evans filed Chapter 7 bankruptcy on October 26, which stopped the Mississippi Valley Title's lawsuit against him as federal bankruptcy law stays most state civil court proceedings once a bankruptcy petition is filed. Mississippi Valley Title testified 65 title insurance claims for approximately $41 million have been filed by banks affected by the Evans case.

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Financial blogger Mish created this interactive map on state public pension funds. The map is based on a study by Andrew Biggs of the American Enterprise Institute. What is interesting is he uses a difference method (an options pricing model v. a market based one currently used) to calculate a public pension fund's level of funding. The study is heady stuff and meant for the finance geeks but is interesting. I'm not necessarily promoting this point of view, just think it is worth considering. Click on a state to see the reports analysis of its public employees retirement system. Copy of study

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Remember the Holocaust today.





The Holocaust, a tribute to man's capacity for true evil and the Liberation and prosecution of those reponsible his capacity for redemption. While we've all learned the numbers of the Holocaust and what happened in the death camps, most of us have not seen what our soldiers saw as they liberated these camps. Sadly, even in freedom the victims were not safe as they were too far gone to survive.

These are videos made by the Army during the liberation of the Buchenwald Camp. Patton was very adamant in making sure everything was filmed and witnessed. Congressmen and journalists were given tours and strongly encouraged to report everything they found. Watch the video at the 4:00 mark. The townspeople of Weimar are forced to tour Buchenwald. They were laughing and smiling while walking to the camp dressed in their Sunday best. They weren't laughing and smiling when they left. Included are links to the rest of the films. One sad story is about an Austrian who was in the concentration camps as a teen-ager but escaped and somehow got to America. He joined the army, became a paratrooper, fought his way across Europe just so he could free his family who were in one of the camps. Sadly, they died a few days before he arrived with his fellow soldiers to liberate their camp. There are many other such stories in these videos.

Part 1, Part 2, Part 3, Part 4, Part 6

This is Edward R. Murrow's report (Its well worth listening to in full. His words near the end are almost poetic but for the somberness.):


This is a short color video of Buchenwald:



By the way, over in England, the Muslims have been trying to get this banned from the history books.

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Here is today's reading of the health care bill. If you are reading this for the first time, I've been reading the health care bill page by page and posting each reading here so you can follow along. Most of you don't have time to read a 2500 page bill so I'm taking this slowly and digesting each section online. After we read the health care bill, we will then tackle the reconciliation. Unfortunately, they are not combined into one text yet so this is how we have to do it. See the sidebar on the right side of the page for a collection of all readings.

Page 86. Section 2705: Prohibiting Discrimination Against Individual Participants and Beneficiaries Based on Health Status. The bill bans any pricing or coverage based on any type of medical history. The insurer can not use any previous claims in determining premiums or coverage either. It states none of the following factors can be used for such purposes: health status, medical condition (including mental illness), claims experience, receipt of health care, medical history, genetic information, evidence of insurability, disability, and "any other health status-related factor determined appropriate by the Secretary."

Doesn't matter how healthy you are or if you are someone with a chronic illness, the insurance company must consider everyone the same when calculating premiums. The bill does allow the insurer to offer a discount or reward based on participation in a wellness program (p. 87), but it has to be offered to everyone. The program has to "promote health or prevent disease". Neither health status or any of the other listed factors can be considered for the discount.

The wellness program can include reimbursement for gym memberships, diagnostic testing that offers rewards and is not based on the results, waiving copays and deductibles for preventative care related to a health condition, costs of smoking cessation programs regardless of "whether the individual quits smoking", or rewarding individuals for attending "health education seminars". The discount or rewards are limited to 30% of the "cost of employee-only coverage under the plan." This can apply to dependents if they participate in the program as well. The Secretary can even sweeten the deal by increasing the discount up to 50%. However, there is on actual exclusion and that is if the program would be unreasonable for someone with a medical condition that would render the program useless.

The bill also directs the Secretary to choose ten states for a demonstration project for the wellness section just discussed. If successful, he can expand it to all states.

Page 97. Section 2706: Non-discrimination in Health Care. An insurance plan "shall not discriminate" against "any health care provider who is practicing within the "scope of its license or certification". Does this mean insurance companies can no longer offer better coverage and payments based on whether a provider is "in-network"?

Page 98. Section 2707: Comprehensive Health Insurance Coverage. All plans must include essential benefits package mentioned in Section 1302(a) (Can be found on page 104). Health insurers "must" offer child-only plans.

Page 99: Section 2708: Prohibition on Excessive Waiting Periods. Waiting periods are limited to a maximum of 90 days when applying for health insurance coverage.

Copy of bill

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Dorsey Carson, the ever-so-gracious attorney for Rudy Warnock, sent several invoices and other documents to me in defense of his client. I haven't had time to read them but am posting them here for your review. Warnock's rebuttal

Rudy Warnock presents invoices

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OK, here is my list so far for my upcoming Businesswoman of the Year poll. Must be a business-owner. Feel free to make suggestions in the comment box. Please realize when the poll goes up, there will always be someone I missed so I'm not going to back and keep revising it so make your suggestions here. Franchisees are welcome. Partners will be included together.

Linda Graham (Coldwell Banker), April Davison (Mortgage 1st), Vickie Graves (AMS Mortgage), Margaret Byrd (Mortgage Connection), Jessi Long & Amanda Quarles (Dirty Hippy Soaps), Michelle Austin (Repeat Street), Rebecca Laskin (Laskin Therapy Group), Suzanne Moak, Myung Cockrell (Professional Alterations), Lisa Kirk (Cups), Charlotte Smith, Jill Conner Browne, Patty Christie (Patty Peck), Heather Miller (Cups), September Moore (Wireless Style), Connie McKay-Lasik (dentist), Susanne Moore (Moore Smiles), Donna Ladd (JFP), Katie Stafford (Mary Moment Photography), Liz Henry (Liz Henry Jewelry), Amanda Overby (Overby Company), Judy Lindsay (Beyond Therapy Group), Liza Looser (Cirlot Agency), Jude Muse (Treehouse ), Alexandra Wilkes & Leslie Decker (Alex and Lele), Lauren McGraw (McGraw Gotta Go), Michelle Austin (Repeat Street), Noreen Bozeman (Insurance agent), Elizabeth Bryant (Sincerely Yours), Susan Lunardini (Southern Consultants), Ann Prewitt (Realtor), Bebe Wolfe (Wolfe Studios), Pamela Hancock (Attorney), Ronnie Davis (Inside Story), Barbara Page (Fanin Mart. Yes, she retired but they lady deserves mention after all the years she put in running that restaurant and making it a legend), Jeanelle Carawy ( Caraway Photography), Joanne Hartley (Molecules), Karen Gilder (Portico), Christina Gannon (One Blu Wall gallery), Kay Lee (Finishing Touch), Sarah Lofton (Lofton Advertising), Jackie Bland (State Farm Insurance), Toni Cooley (Systems electrocoating, Inc), Myrna Alexander (Jackson Cardiology), Bridget McCart Tisdale (Easely Amused), Nancy King (Nandy's Candy), Gail Pittman, Sherri Hilton (Persnickety), Ginger Green (Kolbs), Kristin Tubb (Orange Peel), Misti Garner & Ginger Wartes (Migi's Boutique), Jennifer Simmons & Kathryn Shamburger (Pink Bombshell), Cheryl Hill (Images).

Feel free to mention more.

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The National Employment Law Project issued a report this week on the solvency of state unemployment funds. 34 states report their funds are insolvent. Broke. Busted. Forced to borrow money from the federal government. Meanwhile, lil ole Mississippi is one of only 13 states whose unemployment fund actually is solvent. Good thing Haley didn't listen to the House Democrats and the Clarion-Ledger and spend unemployment funds as if there was no tomorrow. See footnote 4 Look at page 12. Mississippi and Louisiana have the most months left in their unemployment funds out of all states.

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See sidebar on right side of page for a collection of all health care bill readings.

Yesterday we had some questions about what bill is used and how you can find it online. I spoke to Keith Plunkett in Congressman Harper's office and he was very helpful. I'm going to give you the link but in an effort to show you how hard they have made trying to find a bill, here are the steps: Go to www.thomas.gov, click on H.R. 4872 Reconciliation Act of 2010 - its on the top of the page, Under related bills click on H.R. 3590, click on text of legislation, it will then say "7 versions of the bill" - click on version five, that is the one that is the health care reform bill, then click on "select .pdf". The reconciliation act itself is what you read after the HR 3590. That is why its so hard to find the bill as it was buried in a bunch of versions and amendments online. NOW, here is today's reading.

Page 80. Subtitle C- Quality Health Insurance Coverage for All Americans.

Page 80. Part I- Health Insurance Market Reforms

Page 81. Section 2704: Prohibition of Preexisting Condition Exclusions or Other Discrimination Based on Health Status. This one is pretty straightforward: "A group health plan and a health insurance issuer offering group or individual health insurance coverage may not impose any preexisting condition exclusion with respect to such plan or coverage." You've heard about it, here it is. Doesn't matter what the condition is, the insurance plan can't deny coverage based on the condition.

Page 82: Section 2701: Fair Health Insurance Premiums. Section (a) bans so-called discriminatory premium rates. Section (a)(1) limits the ability of health insurance companies to charge different rates based on risk and other factors. It can discriminate based on age but it can't vary it by more than 3:1 for adults. Obama even helps out his fellow smokers as they get a pass: Health insurers can adjust premiums for tobacco use but they can not vary by more than 1.5:1. Then there is the implementation of Ratings Areas.

Section 2 on page 83 deals with rating areas. The law requires each state to establish at least one rating area. If the state does not meet the Secretary's satisfaction, then he can establish the rating areas. Ratings can be based on age, tobacco use, and that is it. This section destroys the models used by insurance companies for setting rates and coverages by removing risk from the factors considered. Alcoholic? Drug addict? Doesn't matter. Insurance company can not factor your risky behavior into determining your coverage and premium, oh, that's right, the law already tells the insurance company what the minimum coverage is and removes limits on annual and lifetime benefits. Still think we will have health insurance companies in ten years?

Page 85. Section 2702: Guaranteed Availability. "Each" health insurer offering coverage in a state "must accept every employer and individual in the State that applies for such coverage." The only restriction allowed to health insurers is to limit applications for insurance to "open or special enrollment periods." Of course the Secretary will regulate enrollment periods.

Page 86. Section 2703: Guaranteed Renewability of Coverage. Policies must be renewed.

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So Mississippi Business Journal's "Businesswoman of the Year" is a government employee?

Did I miss something or did Obama take over Dolan Media?

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McElvaine is at it again:
"Panelist Robert S. McElvaine, who is Elizabeth Chisholm Professor of Arts & Letters and chair of the department of history at Millsaps College, focused on the argument – made, he said, by many conservatives today – that the failure of the New Deal to end the Great Depression shows that government spending isn’t the way to revive a slumping economy. “The most important thing to realize,” said McElvaine, “is that so-called conservatives – I prefer to call them ‘regressives’ ” – have long been trying to “restore the conditions that created the Great Depression in the first place.”

“These are people of faith,” McElvaine continued, “and their basic faith is in the market as God..." Article

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Crime statistics for Jackson in the week ending April 4.

Major crimes overview for Jackson in the week ending April 4.

Crime reports for the City of Madison through April 7.

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Tulane University recently named Sherry Murphy Chance as the Director of its Madison campus. The Madison campus will be the second one the esteemed New Orleans university has opened in Mississippi.

What is interesting is Ms. Chance is the former wife of FAIM's Bill Murphy and a board member of FAIM. The screenshot posted nearby was taken this week from the website of the Fine Arts Institute of Mississippi. Her name was removed from the site very recently. Ms. Chance was not listed as a board member on the 2008 or 2007 form 990's so the appointment must have been made in 2009.

As previously posted, FAIM has been denied a renewal of their gaming license by the Gaming Commission, and is also awaiting the final word from the Secretary of State's office after a hearing last month. The state ruled much of the charity's money was not used for the stated charitable purpose and and the charity improperly used funds for personal expenses and undocumented expenses by Murphy, including a salary of over $140,000, while giving very little to "the arts". The state also ruled FAIM violated the law in hiring Tim Johnson as a lobbyist. FAIM still kept Tim Johnson retained as a "marketing specialist" for $3,000 a month after the state voiced its concerns about FAIM hiring a lobbyist. The state also found that the Tim Johnson's wife operated another charity that funneled $25,000 to FAIM while FAIM lied to the state about the source of said income.

It should be pointed out Ms. Chance was not named in any of the shenanigans that went on at FAIM and she has an excellent reputation as an educator. However, it is interesting Ms. Chance was first a board member, then she wasn't at about the same time a prestigious university announces she will be the director of its Madison campus

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The Senate bill and the reconciliation bill were consolidated, so the page numbers have changed but the sections haven't, so I will pick up where I left off in the last post.

Page 25: Section 1102. Reinsurance for Early Retirees. The government will establish ninety days after the law is enacted, a program to reimburse employer-based plans for part of the cost of insuring early retirees and their dependents. The program ends on January 1, 2014. An individual must be 55 years old and not eligible for Medicare to be considered an early retiree.

Interesting. Employer-based plan must "(2)(A)implement programs and procedures to generate cost-savings with respect to participants with chronic and high-cost conditions." What are these programs and procedures to be? Doesn't say as it only requires the employer to document the actual cost of of the medical claims.

The end result of this section is the government will pay 80% of claims that exceeds $15,000 and less than $90,000. The payment is to be used for reducing costs, premiums, co-pays, deductibles and other out of pocket expenses, not for general revenue. Section (5) is explicit: Payments "shall not be included in determining the gross income..".

Government will conduct annual audits (Section d, p. 27) of all claims data. Five billion dollars is appropriated for this program (Section e, p. 27). The government also has the authority to stop taking applications for this reimbursement.

Page 28. Section 1103: Immediate Information That Allows Consumers to Identify Affordable Coverage Options. The government must establish by JULY 1, 2010, (get that?) 90 days from last week a website for residents of each state to "identify affordable health insurance coverage options in that State". Um, that should be fun to watch. Create a website in less than 90 days that happens to do all that?

What should the website do? The website should "provide ways for residents of any State to receive information on at least the following coverage options:" health insurance coverage, Medicaid, Medicare, State high risk pool, and the high risk pool offered in this bill under section 1101. (We covered this a few days ago.) The Government will also issue, no more than 60 days after the bill becomes law, a "standardized format" for the information provided on the websites.
Page 28: Section 1104: Administrative Simplification. Yes, the government actually uses that term. Such simplification is seven pages of gobbledygook that covers information systems, data exchanges, and converting health care system to a paperless standard. If you are currently a health care provider reading this post, you will probably want to read this section in more detail.

Copy of Bill

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Went to the Mississippi Business Journal's Top 40 Businesswoman's luncheon today at the Trade-Mart. The program was nice and Jeff Goode provided a very nice menu for all. However, the majority of the women nominated were attorneys in big firms, government employees, HR directors, and executives in trade associations. Very few were actually business owners.

Well, JJ intends to do something about this little oversight. Sometime in the next few weeks I'm going to conduct a poll on the top businesswomen in the area and by that I mean business owners. If a lawyer, better be a majority partner in the firm or managing partner. If a Realtor, better own the agency or franchise (and yes, franchise owners are definitely welcome for nominations.). I am requesting you send me suggestions either through email or the comments section on this post. Must be from tri-county area. I don't care if the nominee is running a nail salon or tutoring service out of her kitchen, as long as she can show a license or something official showing her to be a business owner, that is all she needs.

I've already got some ideas. Feel free to add to them and thank you.

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I do not know his name but what I can report is this spotlight operator at the Mississippi Business Journal's Top 40 Businesswomen's luncheon has a lovely deep baritone voice that just happens to be loud as he carried on a full-blown conversation over half the auditorium could hear while the nominees were introduced. Classy.

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The Secretary of State and other state and federal agencies, filed administrative actions against Morgan Keegan yesterday for misleading investors. Copy of complaint. Does anyone remember this post?

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One of Jackson's treasures is coming to an end. Habana Smoke Shop closed its doors and filed bankruptcy on April 2. The cozy hangout for cigar aficionados filed a petition claiming less than $50,000 in assets and between $500,000 and $1 million in liabilities. Rumors have circulated that Habana was sunk by a huge tax bill and the creditor matrix does list the State Tax Commission and IRS so part of those rumors are confirmed (and is the only reason they are mentioned.). The bankruptcy trustee also filed notice stating he was abandoning the estate as there was "insufficient equity to satisfy anyone. I'm sorry to see this business fail and hope something similar can take its place.

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Will Obama hurt the JFP? The New York Times reported the Obama administration is cracking down the use of interns by private employers:

"The Labor Department says it is cracking down on firms that fail to pay interns properly and expanding efforts to educate companies, colleges and students on the law regarding internships.

“If you’re a for-profit employer or you want to pursue an internship with a for-profit employer, there aren’t going to be many circumstances where you can have an internship and not be paid and still be in compliance with the law,” said Nancy J. Leppink, the acting director of the department’s wage and hour division..." Story

The Department of Labor issued a memo on January 29, 2010 stating the criteria that must be met for an internship to be a legal use of labor:

"1. The training, even though it includes actual operation of the facilities of the
employer, is similar to what would be given in a vocational school or academic
educational instruction;
2. The training is for the benefit of the trainees;
3. The trainees do not displace regular employees, but work under their close
observation;
4. The employer that provides the training derives no immediate advantage from the
activities of the trainees, and on occasion the employer’s operations may actually
be impeded;
5. The trainees are not necessarily entitled to a job at the conclusion of the training
period; and
6. The employer and the trainees understand that the trainees are not entitled to
wages for the time spent in training.
If all of the factors listed above are met, then the worker is a “trainee”, an employment relationship does not exist under the FLSA, and the FLSA’s minimum wage and overtime provisions do not apply to the worker." Copy of memorandum

The memorandum explains each factor in more detail on subsequent pages. Some employers obviously abuse the use of interns but this crackdown is ridiculous as it will hurt the employment prospects for many students who use their internships to get their first job. Its more regulation and paperwork for small businesses, one more target on their backs for a trigger-happy federal government.

The irony will be if the JFP gets penalized for its well-known heavy use of interns. Ironic and pretty damn funny actually.

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One of the developments that occurred the day Karen Irby pleaded guilty was the prosecution's revelation that an earlier BAC was taken that showed a higher result of .13 than the one that was .09 in the indictment and reported in the media. It created quite a stir with many wondering what exactly did happen.

When Mrs. Irby was admitted to UMC that night, her blood was tested. Such a test is a normal procedure in ER before medications are given to the patient so she doesn't have an adverse reaction. Sources have informed JJ the test was taken nearly an hour after the wreck, which makes sense considering the work that had to be done to get her to the hospital. However, JPD did not take its own test for the crime lab until at least two hours later and thus three hours after the wreck.

JPD used an expired DUI test kit. There is an expiration date on these test kits because the kit contains chemicals that deteriorate over time. The chemicals act as preservatives but if they reach their expiration date, they can contaminate the sample and render the results invalid. Sources also informed JJ the ER nurse at UMC repeatedly told the JPD officer he could not use the kit because it was expired but the officer completely ignored her and used it anyway. It was this test that returned the .09 result.

The District Attorney's office only saw the later test as it was the only one provided by JPD. One can imagine Mr. Holloman was going to have some fun with the expiration date at trial. The D.A. discovered a few weeks ago there was an earlier test. I had heard a year ago the result was .15 and the D.A. said it was .13-.14. When the .09 was reported I was surprised as my source was a good one (Longtime readers will remember this post.). Be that as it may, the D.A. made it clear he could and would use the earlier test at trial. The question thus must be asked why the officer used an expired kit and waited three hours to take the test.

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Really good editing and production in the video.



Update II: Here are some documents Mr. Warnock's attorney was kind enough to send me a little while ago. Analysis of hourly costs, Warnock report I, Warnock/Carson press release, Warnock press release, Warnock Exhibit A , Warnock Exhibit B, Warnock Exhibit C, Warnock Exhibit D, Warnock Exhibit E, Warnock Rebuttal to McAfee, Carson statement

Update: Here is the "audit" Mr. Warnock referred to in his press conference. Audit

All the tv stations reported tonight on the latest blowup between Rudy and Mary. Rudy claimed he had the lowest rates. If you notice, that is a very clever dodge. See, what matters is not what the rate is but what the total cost is. The rate is not the only factor as the total number of hours on the job should be included as well. Tell you what Tim & Rudy, why don't you start comparing the number of hours each job requires and tell us what that is.

WLBT also reported: "Warnock says over 75 percent of the contracts he obtains are done in house. He also claims that his rates have been proven to be competitive, through an audit done by state officials earlier this year." I have a simple suggestion for Rudy: release the audit. Better yet, email it to me so I can post it here for everyone to see. Since it vindicates you, I fail to see why the public should not see the audit. Note: audit was emailed to me and posted above.

One other thought: I don't think he will be suing Mary despite his comments. Does he really want to give her discovery power? That would probably be one of the worst mistakes he could make. Stay tuned

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This dog was burned with acid. Mississippi Farm Bureau does not think this should be a first-offense felony.

If new to this website, just read this article from the Columbus Packet or this earlier post. Oh, and lets not forget this part since someone at Farm Bureau might think I'm trying to sell insurance on this website:
The use of Mississippi Farm Bureau's name and logo in this post is for criticism of MFB policies and additional commentary. Such a use is deemed fair use under the following statute:

"(d) The following shall not be actionable under this section:
1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person's own goods or services, including use in connection with:
(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner;
(2) Noncommercial use of the mark; and
(3) All forms of news reporting and news commentary."
Mississippi Code Section 75-25-25

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See sidebar on right side of page for collection of all health care bill readings.

Here is today's reading of the Health Care Reform Bill. Enjoy.

Page 45. Subtitle B- Immediate Actions to Preserve and Expand Coverage.

Page 45. Section 1101: Immediate Access to Insurance for Uninsured Individuals with a Preexisting condition. Here we go. NOW we are getting into the meat of this bill. Section (a) states that no "later than 90 days after" the law is enacted, the government "shall establish a temporary high risk health insurance pool program" to provide "health insurance coverage for eligible individuals".

Section (2) states only state or "nonprofit private" entities can offer these programs and that "a state shall agree not to reduce the annual amount expended for the operation" of one of the high-risk pools. Hope there is never a need to actually cut the budget. Of course, that never happens in government, does it?

Who exactly is eligible for a high-risk pool? (2)(A) states the program will provide to those covered "health insurance coverage that does not impose any preexisting condition exclusion".
The rest of the section devolves into gobbleygook only a CPA could love. Section (B)(i) states the issuer's "share of the total allowed costs of benefits" (say that fast five times) if the coverage is not 65% of such costs. Good luck complying with that regulation. The deductible can't be more than what is allowed for Health Savings Accounts in Section 223 of the IRS code. Of course, the law does give the Secretary the ability to modify this limit. Now it would be nice if someone explained exactly what it meant.

Section (C) covers the premiums and states they are to be based on a "standard rate for a standard population", ready for this? : vary on the basis of age by a "factor" no more than 4:1. Naturally Section (DO says it must meet any other requirements imposed by the Secretary. Got to love a blank check for some power.

Wow. Section (1) on page 48 applies to citizens and those "lawfully present in the United States." Hello amnesty for illegals. Coverage is extended to those with "a preexisting condition" and hasn't been covered by health insurance for six months prior to application date.

Suppose insurers want to "dump the risk"? A health insurance carrier "shall be responsible" for "reimbursing the program" for the medical expenses of the insured if dumping is found to have occurred. Translation: dump the patient into a high-risk pool and the government will come after you for the medical expenses.

Section (g) on page 50 states $5 billion is set aside to pay high risk pool claims that are more than the premiums collected to pay claims. Section (3)(A) states coverage of high risk pools shall end on January 1, 2014 (Many sections have this provision.). HOWEVER, Section (4) on page 51 gives the government "the authority to stop taking applications" for participation in the high risk pools. Interesting. Suppose everyone eligible signs up for coverage, the Secretary can quit accepting applications. Nice.

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See sidebar on right side of page for a collection of all readings.

Here is today's reading from the health care reform bill. Feel free to make comments or clarify anything posted.

Page 36. Section 2719: Appeals Process. All health insurance issuers must establish an appeals process for who and what procedures are covered. The insurer "shall" provide the notice in "a culturally and linguistically appropriate manner". Insured can review his file and receives coverage pending appeal.

Page 37: Section 2793: Health Insurance Consumer Information. The federal government "shall award grants" to the states for the purpose of establishing "offices of health insurance consumer assistance or a health insurance ombudsman program." The law sets up this office to be the recipient for consumer complaints against their health insurance carriers, help Americans in enrolling in a health insurance plan, and collect data on consumer complaints. The federal government of course, will have its usual strings that accompany each grant. $30,000,000 is appropriated for the first year.

Page 40: Section 2794: Ensuring That Consumers Get Value For Their Dollars. Here we go: government "review" of premiums. The government " shall establish a process for the annual review, beginning with the 2010 plan year...., of unreasonable increases in premiums for health insurance coverage." Everyone get that? This section directs health insurance companies to submit to the federal government and the appropriate state an explanation for the increase before its implemented. The law also requires insurers to post this information on their websites "prominently".

However, the law does not stop with merely reviewing premium increases but provides for another grant to the states. This grant directs the Commissioner of Insurance for each state that receives the grant to provide the government with information about trends in premium increase and make recommendations on whether the insurers should participate in the health insurance exchange. The law gives the Secretary $250,000,000 kabukis for grants. The grants issued to qualifying states will be not less than $1,000,000 and not more than $5,000,000.

Page 44. Section 1004: Effective dates. Subtitle A (everything we've read until this point) "shall become effective for plan years" starting six months after the bill became law.

Copy of bill.

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New poll up. Republican Presidential Nomination. Vote early and often. Prediction? The Ron Paul internet nuts will find out about this and swamp it.

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The D.A. made some pretty serious allegations against JPD last week in the Irby case (See coverage on right side of the page.). Since the D.A. did make those charges and McMillin was the Chief at the time and the Irbys were his largest campaign donors, JJ asked if you thought McMillin tried to sabotage the investigation. Nearly 500 people voted in this poll. 49% thought Mac tried to sabotage the investigation. 37% don't think he did and 12% don't know.

Yes	220 (44%)
No	144 (29%)
Don't know	60 (12%)
Mac tried but failed	27 (5%)
Smith is looking for an excuse	41 (8%)

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TALK Dance Co. will be performing this same program in Moscow and St Petersburg May 18 to June 1 with the St. Petersburg Philharmonic Orchestra.

Go to this one. Everyone gripes about how there is no culture in Jackson. Well, this is your chance to support the arts. Husband doesn't want to go because its ballet, well, take the kid. These dancers have put in a great deal of hard work and deserve to be rewarded with a packed house.

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For a collection of all Evans case posts, see sidebar on right side of page.

A Madison County Circuit Court ordered Natchez bank Britton & Koontz and Mississippi Valley Title Insurance Company to enter into mediation last Monday. B&K loaned $904,000 on property allegedly owned by Chris Evans. Charles Evans, the brother of Chris Evans, was an approved attorney for Mississippi Valley Title and issued a phony title certificate showing an LLC operated by Chris Evans owned the land in question when in fact it never held ownership in the land at issue. Thus B&K loaned money to an LLC without realizing there was no collateral.

B&K filed a claim on its title insurance policy against MVT. MVT never paid the claim. B&K sued Mississippi Valley Title. MVT tried to invoke an arbitration clause in the policy and here we are. See earlier post. JJ has also learned Mississippi Valley Title has paid some claims but as one source put it, such claims were "a drop in the bucket".

Britton & Koontz should settle for nothing less than full payment of the claim and attorney's fees. It was MVT's rogue "approved attorney" that burned the bank. It obtained a title insurance policy to protect itself against what? Defects in the title. Mississippi Valley Title is engaging in nothing more than bad-faith stalling tactics as from day one in the Evans case, it has kept information hidden, refused to disclose the extent of the fraud until forced to do so, paid few claims out of 65 it um, claimed were filed, and fought every attempt to scrutinze its dealings with Charles Evans. B&K should demand full satisfaction.

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This poll did surprise me. I asked you to vote for your favorite local media outlet in the Jackson area. Apparently blogs are gaining ground as they won the poll (although I bet the traffic numbers are MUCH higher for traditional news media websites than for blogs). I expected WLBT or the Clarion-Ledger to win, which shows how much I know about these things. I mentioned it to Dennis Smith over at WLBT this week and he was less surprised than I was. He said the surveys and polling data in the industry show the younger crowd is getting their news from blogs much more than they are from traditional media. Very interesting. Be that as it may, after blogs WLBT took the next spot and the newspaper came in fifth.

Clarion-Ledger	33 (8%)
Fox40	19 (4%)
Ms. Business Journal	47 (11%)
Ms Digital Daily	3 (0%)
Northside Sun	5 (1%)
WLBT	85 (21%)
WAPT	40 (10%)
Madison County Journal	6 (1%)
WJTV	4 (1%)
WFMN	3 (0%)
Public radio/tv	12 (3%)
Jackson Free Press	22 (5%)
Local blogs	120 (30%)

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Weather reporter in Hungary.

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Broke 50,000 hits, page views,, impressions, thingamajigs, or whatever you call them last month. Just wanted to say thanks. Traffic is way behind the other websites in town but its still a record for this site. Thanks for reading this blog and passing it around. KF.

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See sidebar on right side of page for a collection of all health care bill readings.

Here is today's reading of the health care bill. I'm reading the Senate bill first, then the smaller and less comprehensive reconciliation bill. Feel free to correct me or post clarifications in the comments section.

Page 30. Section 2717: Ensuring the quality of care. This section requires health insurers to "improve health outcomes through the implementation of activities such as quality reporting, effective case management, chronic disease management, medication, and care compliance initiatives." Sounds like the government is taking an active interest in "health outcomes". Wonder what regulations this little clause will create. However, Section B goes a little further as it directs the insurers to "implement activities to prevent hospital readmissions" through patient education, counseling, and "post discharge reinforcement by an appropriate health care professional." Some of this stuff is normal hospital and medical procedures but it is the government which is issuing these regulations via statute. These are the sort of clauses a bureaucrat can have a great deal of fun with in issuing regulations.

Notice the government is directing the practice of medicine here? This goes past ensuring access to health care for all Americans but instead makes it clear the government has a strong interest in "health outcomes". This section also requires insurers file annual reports with the government showing it satisfies the requirements of this section. If they don't comply, then, surprise, it states "the Secretary may develop and impose appropriate penalties for non-compliance with such requirements." So what exactly is an "appropriate" penalty? Good question. Guess that will depend on the mercy of the Secretary.

Oh, by the way, this section also requires insurers to "implement wellness and health promotion activities" (D). Page 33 explains this in more detail.

Page 34. Section 2718: Bringing down the cost of health care coverage. Guess what? All health insurers get AUDITED. This section requires issuers to submit a plan each year to the government "concerning the percentage of total premium revenue" the insurance plan spends on payments for "clinical services", "activities that improve health care quality", and (this is important) "on all other "non-claims costs" (in other words, OVERHEAD, PROFITS, WAGES) "including an explanation of the nature of such costs" (taxes are excluded of course). In other words, the government is going to require the health insurer to account for every single penny spent regardless of purpose. Keep in mind, insurance companies have to submit audited financial statements every quarter but this bill goes a little bit past that requirements. Read on.

Section (b) it titled "Ensuring that consumers receive value for their premium payments". It directs the issuer to offer "a REBATE to EACH ENROLLEE". How much is the rebate to be? The rebate is to be pro-rated based on, make sure your head is screwed on tightly, "an amount by which premium revenue expended by the issuer" on non-claims revenue (Overhead, profits, wages). exceeds 20% if a group plan and 25% if an individual plan. HOWEVER the government can change the percentage if it thinks it will destabilize the market in a state.

In fact, section (2) (page 35) states "a state shall seek to ensure adequate participation by health insurance issuers, competition in the health insurance market in the state, and value for consumers.." The important word in this sentence is "competition". If the goal of the state is ensure competition, then the state can and will take certain measures it deems needed in order to make sure the consumer has adequate "choice". Gee Kingfish, can you explain that one?

If the goal is to ensure competition, then the government is not going to allow successful, better-managed companies to gain what it thinks is so great a market share that it will affect competition. This happened in the New Deal: wage and price controls as well as production quotas and maximums were established so that "competition" was encouraged. In reality, the companies that are inefficient and poorly-run are instead allowed to operate. However, this section does terminate at the end of December 31, 2013.

Subsection (c) (p. 36) also requires hospitals to publish "a list of the hospital's standard charges for items and services provided by the hospital". I just bet the hospitals loved that one.

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