PASADENA, Calif. (AP) — David Letterman says he sees a psychiatrist once a week, part of his attempt to be the person he once believed he was.
The late-night talk show host gave an extraordinary interview to Oprah Winfrey in which he talked about his feuds with her and Jay Leno, and his own effort to make amends for the affairs that became public three years ago when a man tried to extort him.
The interview aired Sunday night on Winfrey’s OWN network after it was done in November.
The CBS host says his wife has forgiven him for his transgressions and his life is more joyful than ever, but he hasn’t necessarily forgiven himself.
Letterman also called his late-night rival Leno the funniest guy he’s ever known.
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KANSAS CITY, Mo. — A wall in one of the conference rooms at the National Center for Drug Free Sport displays magazine covers, each capturing a moment in the inglorious history of doping scandals in sports.
Steve Hebert for The New York Times
The National Center for Drug Free Sport, in Kansas City, Mo., tries to deter doping with programs for high school, college and professional leagues.
Monica Almeida/The New York Times
Don Catlin, formerly of U.C.L.A.’s Olympic Analytical Lab, has raised questions about drug testing at colleges.
The images show Ben Johnson, the sprinter who lost his 1988 Olympic gold medal after testing positive; and Barry Bonds, the tarnished home run king; and Lyle Alzado, one of the first pro football players to admit to steroid use.
“People always assume that it’s the athletes at the top of their sport or the top of their game that are using,” said Frank Uryasz, Drug Free Sport’s founder and president. “But I can assure you that’s not the case. There’s always that desire to be the best, to win. That permeates all level of sport — abuse where you just wouldn’t expect it.”
Over the past quarter-century, athletes like Johnson, Bonds and Alzado stirred widespread concern about doping in sports.
Professional leagues without drug-testing programs have put them in; leagues with drug-testing programs have strengthened them. Congress and medical experts have called on sports officials at all levels to treat doping like a scourge.
It was in this budding American culture of doping awareness that Uryasz found a niche business model. He has spent the past decade selling his company’s services to the country’s sports officials.
The company advises leagues and teams on what their testing protocols should look like — everything from what drugs to test for to how often athletes will be tested to what happens to the specimens after testing. It also handles the collection and testing of urine samples, often with the help of subcontractors.
Drug Free Sport provides drug-testing programs for high school, college and professional leagues.
A privately held company with fewer than 30 full-time employees, it counts among its clients Major League Baseball, the N.F.L., the N.B.A., the N.C.A.A. and about 300 individual college programs.
Many, if not all, of the players on the field Monday night for the Bowl Championship Series title game between Alabama and Notre Dame have participated in a drug-testing program engineered by Drug Free Sport.
Uryasz says his company’s programs provide substantial deterrents for athletes who might consider doping.
Critics, however, question how rigorous the company’s programs are. They say Drug Free Sport often fails to adhere to tenets of serious drug testing, like random, unannounced tests; collection of samples by trained, independent officials; and testing for a comprehensive list of recreational and performance-enhancing drugs.
The critics, pointing to a low rate of positive tests, question Drug Free Sport’s effectiveness at catching athletes who cheat. Since the company began running the N.C.A.A.’s drug-testing program in 1999, for example, the rate of positive tests has been no higher than 1 percent in any year — despite an N.C.A.A. survey of student-athletes that indicated at least 1 in 5 used marijuana, a banned substance. (The N.C.A.A. tests for marijuana at championship competitions but not in its year-round program.)
Uryasz said the rate of positive tests was not meaningful. “I don’t spend a lot of time on the percent positive as being an indicator of very much,” he said.
Independent doping experts contend that having a contract with Drug Free Sport allows sports officials to say they take testing seriously without enacting a truly stringent program.
Don Catlin, the former head of U.C.L.A.’s Olympic Analytical Lab, best known for breaking the Bay Area Laboratory Co-operative doping ring, oversaw the testing of many of Drug Free Sport’s urine samples when he was at U.C.L.A. He said the work by Drug Free Sport and similar companies could be used to mislead fans.
“The problem with these schools is they all want to say they’re doing drug testing, but they’re not really doing anything I would call drug testing,” he said.
A Company’s Origins
Uryasz said he became interested in working with student-athletes while tutoring them as an undergraduate at Nebraska. After he graduated, he earned an M.B.A. from Nebraska and worked in health care administration in Omaha. He said he heard about an opening at the N.C.A.A. through a friend.
Driven in part by scandals in professional sports, the N.C.A.A. voted at its 1986 annual convention to start a drug-testing program.
The Securities and Exchange Commission announced on Monday that it had named Geoffrey F. Aronow to be general counsel, the agency’s top legal post.
The appointment fills an important gap in the S.E.C.’s roster. There have been a number of prominent departures in recent weeks, following the resignation of Mary L. Schapiro as chairwoman in November.
For Mr. Aronow, a partner in the Washington office of Bingham McCutchen, the move represents a return to the regulatory world. He was the head of enforcement for the Commodity Futures Trading Commission in the late 1990s.
At Bingham McCutchen, Mr. Aronow represented people and firms facing investigations from the S.E.C. and other regulators. The federal investigation into MF Global, the brokerage firm that went bankrupt in 2011 after raiding customer accounts, was one of his most prominent cases in recent memory. Mr. Aronow represented Christine Serwinski, MF Global’s North American chief financial officer.
“I’m truly honored to re-enter public service as the general counsel at an agency with such a storied history and critical mission of investor protection and effective market oversight,” Mr. Aronow said in a statement on Monday.
Mr. Aronow, 57, will join the S.E.C. later this month. He replaces Mark Cahn, who departed as part of a broader exodus from the agency. Robert W. Cook, the director of trading and markets, and Meredith Cross, the head of corporation finance, also announced their departures in the wake of Ms. Schapiro’s resignation.
Mr. Aronow is the first recent replacement official that the S.E.C plucked from outside the agency. And unlike other new directors, he won the job outright, saving him the burden and uncertainty of an interim status.
“Geoff brings the ideal combination of practical knowledge, expertise, and common sense that is so critical to addressing the often nuanced and difficult issues that come before the commission,” Elisse Walter, who replaced Ms. Schapiro as chairwoman, said in a statement.
Mr. Aronow joined Bingham McCutchen in 2008. He previously did two stints as a partner at Arnold & Porter.
In addition to his legal practice, Mr. Aronow is adjunct professor at George Washington University Law School. He also served on the board of the National Capital Area Chapter of the American Civil Liberties Union.
LA JOLLA — There's a political stink rising in this seaside community, blown ashore from the rocks of La Jolla Cove, where myriad seabirds and marine mammals roost, rest and leave behind what animals leave behind.
The offal accumulation is offending noses at trendy restaurants, tourist haunts, and expensive condos perched on some of the most pricey real estate in the country. But finding a solution to the olfactory assault has proved elusive.
Environmental regulations have thwarted proposals to cleanse the rocks with a non-toxic, biodegradable solution. Even a low-tech idea to scrub the rocks with brooms may need official approval.
The state-protected cove area falls under the permitting jurisdiction of the California Coastal Commission and San Diego Regional Water Quality Control Board. Since wildlife is involved, the National Oceanic and Atmospheric Administration and the U.S. Fish and Wildlife Service also have authority.
The normally low-key Sherri Lightner, who represents La Jolla on the San Diego City Council, has challenged — some say dared — Gov. Jerry Brown to tour the cove area in high stink season.
"Everybody is pointing fingers, and nobody is doing anything," said a La Jolla resident who strolled the sidewalk along the community's famed corniche on New Year's Day, tissue to her nose to battle the smell.
A San Diego park ranger assigned to the La Jolla beaches takes a more philosophic approach toward the excretory matter. "It's a natural process," said ranger Richard Belesky. "But would I want to buy a multimillion-dollar condo with the stink nearby? I don't think so."
The difficulty of reconciling the habits of sea creatures and the needs of humankind is not new to La Jolla. South of the La Jolla Cove is the Children's Pool where harbor seals lounge on the beach.
For two decades a legal and political dispute has raged between people who say the seals should be removed because they are blocking access to the water and those who say the seals should be allowed to stay, particularly during pupping season. Signs warn bathers that seal excrement has resulted in a high bacteria count that can cause disease.
At the La Jolla Cove, the droppings began to pile up after restrictions were put in place to keep people from climbing down the delicate bluffs to the rocks below. The birds and mammals suddenly had no reason to scatter.
The La Jolla Village Merchants Assn. gathered more than 1,000 signatures demanding an immediate solution. But immediate is not in the governmental lexicon when it comes to issues involving the ocean and wildlife.
To wash down the rocks would require a National Pollutant Discharge Elimination System permit from the San Diego Regional Water Quality Control Board. The city, probably the full City Council, would need to endorse a specific wash-down proposal — but that, according to Lightner's staff, would mean submitting the issue to an application process that could take at least two years, given the backlog at the water board.
And even if the water board approved the application, the issue would then proceed to the Coastal Commission, an agency not known for its speed.
In hopes of finding a faster, if more limited, solution, city officials are considering arming Park and Recreation Department employees with brooms to scrub down the rocks. They assure that steps will be taken to ensure that no runoff reaches the ocean and no birds or mammals are hurt.
Talks are planned with regional, state and federal agency staff members to see if such a limited approach could be taken without a full-tilt application process. A radio talk-show host has shown the way, taking his own broom to the cove.
Meanwhile, restaurateurs say the smell continues to discourage patrons. Some tourists complain that it mars their vacations. Shirley Towlson, a bookkeeper who arrived in La Jolla from Phoenix, was shocked at the smell along the promenade and outside her hotel.
"I thought La Jolla meant 'The Jewel,' '' she said. "This smells more like 'The Toilet.' "
Other tourists find the smell but a small downer amid the other joys of La Jolla as a seaside place of visual beauty, fine dining and chic shopping.
"It smells like fish," said Mark Bain, a general contractor from Sacramento, enjoying a New Year's week idyll. "It happens."
He said the smell is not nearly as noxious as when dead fish line the banks of the Sacramento River. "Now, that's really bad," he said.
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
LOS ANGELES (AP) — It took Leatherface and his chainsaw to chase tiny hobbit Bilbo Baggins out of the top spot at the box office.
Lionsgate‘s horror sequel “Texas Chainsaw 3-D” debuted at No. 1 with $ 23 million, according to studio estimates Sunday. The movie picks up where 1974′s “The Texas Chainsaw Massacre” left off, with masked killer Leatherface on the loose again.
Quentin Tarantino‘s revenge saga “Django Unchained” held on at No. 2 for a second-straight weekend with $ 20.1 million. The Weinstein Co. release raised its domestic total to $ 106.4 million.
After three weekends at No. 1, part one of Peter Jackson’s “The Hobbit” trilogy slipped to third with $ 17.5 million. That lifts the domestic haul to $ 263.8 million for “The Hobbit,” the Warner Bros. blockbuster that also has topped $ 500 million overseas to raise its worldwide total to about $ 800 million.
Also passing the $ 100 million mark over the weekend was Universal’s musical “Les Miserables,” which finished at No. 4 with $ 16.1 million, pushing its domestic total to $ 103.6 million.
Like other horror franchises, “Texas Chainsaw Massacre” has had several other remakes or sequels, but the idea always seems ripe for a new wave of fright-flick fans. Nearly two-thirds of the audience was under 25, too young — or not even born — when earlier “Texas Chainsaw Massacre” movies came out.
“It’s one of those that survives each generation. It’s something that continues to come back and entertain its audience,” said Richie Fay, head of distribution for Lionsgate.
“Texas Chainsaw” drew a hefty 84 percent of its business from 3-D screenings. Many movies now draw 50 percent or less of their revenue from 3-D screenings, but horror fans tend to prefer paying extra to see blood and guts fly with an added dimension.
In narrower release, Matt Damon‘s natural-gas fracking drama “Promised Land” had a slow start in its nationwide debut, coming in at No. 10 with $ 4.3 million after opening in limited release a week earlier.
Released by Focus Features, “Promised Land” stars Damon as a salesman pitching rural residents on fracking technology to drill for natural gas. The film widened to 1,676 theaters, averaging a slim $ 2,573 a cinema, compared with $ 8,666 in 2,654 theaters for “Texas Chainsaw.”
Hollywood began the year where it left in 2012, when business surged during the holidays to carry the industry to a record $ 10.8 billion at the domestic box office.
Overall business this weekend came in at $ 149 million, up 7 percent from the same period last year, when “The Devil Inside” led with $ 33.7 million, according to box-office tracker Hollywood.com. But with strong business on New Year’s Day last week, Hollywood already has raked in $ 254.2 million, 33 percent ahead of last year.
Box-office results ebb and flow quickly, so that lead could vanish almost overnight. But with a steady lineup of potential hits right through December, studios have a chance at another revenue record this year.
“The month that we had at the end of last year that led us to a record year continued right through New Year’s and on now to the first official weekend of 2013,” said Hollywood.com analyst Paul Dergarabedian. “We’re looking for an even stronger year this year. That’s in the realm of possibility. But we have 51 weekends to go.”
Estimated ticket sales for Friday through Sunday at U.S. and Canadian theaters, according to Hollywood.com. Where available, latest international numbers are also included. Final domestic figures will be released Monday.
1. “Texas Chainsaw 3-D,” $ 23 million.
2. “Django Unchained,” $ 20.1 million.
3. “The Hobbit: An Unexpected Journey,” $ 17.5 million.
4. “Les Miserables,” $ 16.1 million ($ 14.5 million international).
5. “Parental Guidance,” $ 10.1 million.
6. “Jack Reacher,” $ 9.3 million ($ 22.3 million international).
7. “This Is 40,” $ 8.6 million.
8. “Lincoln,” $ 5.3 million.
9. “The Guilt Trip,” $ 4.5 million.
10. “Promised Land,” $ 4.3 million.
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Online:
http://www.hollywood.com
http://www.rentrak.com
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Universal and Focus are owned by NBC Universal, a unit of Comcast Corp.; Sony, Columbia, Sony Screen Gems and Sony Pictures Classics are units of Sony Corp.; Paramount is owned by Viacom Inc.; Disney, Pixar and Marvel are owned by The Walt Disney Co.; Miramax is owned by Filmyard Holdings LLC; 20th Century Fox and Fox Searchlight are owned by News Corp.; Warner Bros. and New Line are units of Time Warner Inc.; MGM is owned by a group of former creditors including Highland Capital, Anchorage Advisors and Carl Icahn; Lionsgate is owned by Lions Gate Entertainment Corp.; IFC is owned by AMC Networks Inc.; Rogue is owned by Relativity Media LLC.
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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.
NO one enjoys paying taxes — and no politician relishes raising them. Yet some taxes actually make us better off, even apart from the revenue they provide for public services.
Taxes on activities with harmful side effects are a case in point. Strongly favored even by many conservative Republican economists, these levies are known as Pigovian taxes, after the British economist Arthur C. Pigou, who advocated them in his 1920 book, “The Economics of Welfare.” In today’s deeply polarized political climate, they offer one of the few realistic hopes for progress.
To see how Pigovian taxes work, consider a driver checking out the offerings at his local auto dealership. He is trying to decide between two vehicles, one weighing 6,000 pounds and the other, 4,000 pounds. After comparing sticker prices, mileage estimates and other features, he views the choice as roughly a tossup. But because he has a slight preference for the larger vehicle, he buys it. His decision, however, could be viewed as a bad choice for society as a whole, because of the side effects. The laws of physics tell us that heavier vehicles tend to cause more damage in crashes. They also spew more emissions into the air and cause more wear and tear on roads.
By providing an incentive to take those external costs into account, taxing vehicles by weight would make the total economic pie larger. Those who don’t really need heavier vehicles could buy lighter ones and pay less tax. Others could pay the extra tax as fair compensation for their heavier vehicles’ negative side effects.
But the mere fact that Pigovian taxes produce greater benefits than costs doesn’t make them an easy sell politically. Like other changes in public policy, a Pigovian tax produces winners and losers. And it’s an iron law of politics that prospective losers lobby harder to block change than prospective winners do for its adoption. That asymmetry creates a powerful status-quo bias that makes even broadly beneficial policy changes hard to achieve.
Yet, in principle, any change that makes the economic pie larger makes it possible for everyone to enjoy a bigger slice than before. The practical challenge is to slice the larger pie so that everyone comes out ahead. A first step toward a vehicle-weight tax would be to make it revenue-neutral — for example, by returning its revenue in the form of lump-sum rebates to each buyer. That would soften the blow, while preserving the incentive to buy lighter vehicles.
For example, if the tax were 20 cents a pound, a 6,000-pound vehicle would be taxed at $1,200, as opposed to $800 for a 4,000-pound one. If an equal number of vehicles of each weight were sold, all buyers would get a $1,000 rebate when the total tax income was redistributed. The buyer in our example would thus be making a net payment of $200 because of the tax, but his total outlay would have been $400 lower if he’d bought the smaller vehicle instead.
Although revenue neutrality would help, buyers who really need large vehicles might feel aggrieved. Paradoxically, the key to mollifying them is to propose Pigovian taxes not just on vehicle weight but also on a swath of other activities that cause undue harm to others. We could tax drivers contributing to traffic congestion, for example, on the grounds that entering a crowded roadway causes delays to others. We could tax noise, carbon emissions and other specific forms of air and water pollution. Although some people would end up as losers under any single one of these measures, virtually everyone would come out ahead under a broad suite of Pigovian taxes.
That’s because adopting a large number of them is like repeated flips of a coin whose odds are stacked heavily in your favor. If someone offered a chance to flip a coin that paid $10 for heads and lost $1 for tails, would you take it? It’s an attractive gamble, obviously, but if there is only a single flip, there’s a 50 percent chance that you’ll be a loser. After many flips, however, you’d almost certainly be a net winner.
Likewise, any single Pigovian tax is an attractive gamble for the average taxpayer, who would get a rebate equal to the amount she’d paid in tax and would benefit from the resulting reduction in harm. Under a collection of such taxes, the odds of being a net winner go up sharply. Only the minuscule minority who cause much more than average amounts of harm in almost every category might end up paying more total tax than before. And even those few would still be net winners, because of the corresponding reductions in harm.
A BROAD slate of Pigovian taxes would thus meet the challenge of how to divide the larger pie so everyone comes out ahead. And because the prospect of a continued divided government makes short-run legislative progress unlikely on other fronts, why not pick this low-hanging fruit right now?
The case for Pigovian taxes isn’t easily reduced to bumper-sticker slogans. Still, the basic ideas are not complicated, and President Obama has the biggest megaphone on the planet. It should be easy for him to persuade rational voters to embrace policies that would make virtually everyone better off.
But he must also persuade House Republicans. Getting their votes will be the real test of his celebrated rhetorical skills.
Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University.
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.