RESTAURANT INDUSTRY CRITICIZES SUPREME COURT HEALTH CARE RULING

Members of the foodservice industry expressed deep disappointment and concern after the U.S. Supreme Court announced its decision on Thursday to uphold President Barack Obama’s highly controversial health care law.

In a narrow 5-4 ruling, Supreme Court judges upheld the constitutionality of the central element of the president’s sweeping Patient Protection and Affordable Care Act, the individual mandate, which requires that all Americans purchase health insurance.

The court’s historic decision is expected to alter the way Americans receive and pay for their medical care.

Industry associations and many restaurant operators have been arguing for the past several years that added costs associated with the law could cut into earnings, force operators to raise prices, eliminate jobs and put the brakes on growth in this already economically challenged environment.

The court’s decision was frustrating for many in the industry.

“Today’s ruling by the Supreme Court is troubling for restaurant operators and business owners across the country,” said Dawn Sweeney, president and chief executive of the National Restaurant Association, in a statement. “We encourage Congress to continue efforts to repeal the law, since the Court’s decision leaves the employer requirements in place, provisions which impact restaurant operators’ ability to grow and create jobs.”

Steve Caldeira, president and chief executive of the International Franchise Association, said the IFA was “deeply disappointed by the high court ruling to uphold the Affordable Care Act, which places undue burdens on the franchise small business community. While it may have been ruled constitutional, the law is unworkable, unaffordable and wrong for our country’s small business owners.”

The Court had listened to three days of arguments in March on the law. The measure was passed by congressional Democrats despite Republican opposition in 2010.

Operators say many elements of the current law have yet to be hammered out and remain unclear to them. “Just because something is found to be legal, that doesn’t necessarily mean that something should be done,” said Jamie Richardson, vice president of government and shareholder relations for White Castle.

“The challenge is going to be understanding how we do it as it has been legislated,” he continued. “The biggest thing still is the uncertainty about how the rules are going to be written. It needs to be made actionable in the real world in a way that doesn’t cripple businesses.”

SUPREME COURT UPHOLDS OBAMACARE!: WHAT DOES IT MEAN TO YOU?

The U.S. Supreme Court on Thursday upheld the controversial health care law championed by President Barack Obama in a landmark decision that will impact the November election and the lives of every American.

The Supreme Court’s decision Thursday to uphold the Affordable Care Act means that the predictions about how it will affect all Americans remain in place.

Here are some highlights:

The uninsured

The decision leaves in place the so-called individual mandate — the requirement on Americans to have or buy health insurance beginning in 2014 or face a penalty — although many are exempt from that provision.

In 2014, the penalty will be $285 per family or 1% of income, whichever is greater. By 2016, it goes up to $2,085 per family or 2.5% of income.

The insured

Because the requirement remains for people to have or buy insurance, the revenue stream designed to help pay for the law remains in place. So insured Americans may be avoiding a spike in premiums that could have resulted if the high court had tossed out the individual mandate but left other requirements on insurers in place.

Young adults

Millions of young adults up to age 26 who have gained health insurance due to the law will be able to keep it. The law requires insurers to cover the children of those they insure up to age 26. About 2.5 million young adults from age 19 to 25 obtained health coverage as a result of the Affordable Care Act, according to the U.S. Department of Health and Human Services.

Two of the nation’s largest insurers, United Healthcare and Humana, recently announced they would voluntarily maintain some aspects of health care reform, including coverage of adult dependents up to age 26, even if the law was scrapped.

People with pre-existing conditions

Since the law remains in place, the requirement that insurers cover people with pre-existing medical conditions remains active.

The law also established that children under the age of 19 could no longer have limited benefits or be denied benefits because they had a pre-existing condition.

Starting in 2014, the law makes it illegal for any health insurance plan to use pre-existing conditions to exclude, limit or set unrealistic rates on coverage.

It also established national high-risk pools that people with such conditions could join sooner to get health insurance. As of April, a total of only about 67,000 people were enrolled in federally-funded pools established by the health care law, according to the National Conference of State Legislatures.

More than 13 million American non-elderly adults have been denied insurance specifically because of their medical conditions, according to the Commonwealth Fund. The Kaiser Family Foundation says 21% of people who apply for health insurance on their own get turned down, are charged a higher price, or offered a plan that excludes coverage for their pre-existing condition.

All taxpayers

No matter what the Supreme Court had decided, it would have been a mixed bag for all Americans when it comes to federal spending. There is heated dispute over what impact the health care law will have on the country over the long term.

The federal government is set to spend more than $1 trillion over the next decade to subsidize coverage and expand eligibility for Medicaid. The nonpartisan Congressional Budget Office estimated that the law could reduce deficits modestly in the first 10 years and then much more significantly in the second decade.

The CBO said a repeal of the mandate could reduce deficits by $282 billion over 10 years, because the government would be subsidizing insurance for fewer people. But the nation faces costs in various ways for having people who are uninsured. The Urban Institute’s Health Policy Center estimated that without a mandate, 40 million Americans would remain uninsured.

Meanwhile, the Flexible Spending Accounts that millions of Americans use to save money tax-free for medical expenses will be sliced under the law. FSAs often allow people to put aside up to $5,000 pre-tax; as of 2013, they were to face an annual limit of $2,500.

Small business owners

The rules and benefits small business owners face as a result of the health care law remain in place.

As CNN has chronicled, the law brought a mix of both. The director of the National Federation of Independent Business is one of the plaintiffs who pushed the court to strike down the law. Meanwhile, a group called Small Business Majority fought to protect the law, saying its loss could be a nightmare.

As of 2014, under the law, small firms with more than 50 full-time employees would have to provide coverage or face expensive fines.

All Americans, in lesser known ways

The massive health care law requires doctors to report goodies they get from medical supply companies; demands more breastfeeding rooms; requires all chain restaurants to list calories under every menu item, and includes numerous other provisions, which now remain in place.

Doctors and other health care providers

Health care providers have already begun making changes based on the 2010 law, and in preparation for what will go into effect in 2014. Those plans continue.

In the short term, doctors avoid “chaos” that may have resulted from the law suddenly being dropped or changed, according to Bob Doherty, senior vice president of governmental affairs at the American College of Physicians, who wrote a blog post on the website kevinmd.com this spring.

Medical groups have disagreed over the law.

From CNN.com

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BARACK OBAMA REACTS AS SUPREME COURT STRIKE’S DOWN ARIZONA IMMIGRATION LAW

Both President Obama and his critics found things to like about the Supreme Court’s ruling on the Arizona immigration ruling, and both said it points to the need for new national legislation on the issue.

In a statement saying he is pleased, Obama cited the fact that the court struck down most of Arizona’s law, including a provision that allowed police to stop people on suspicion of being illegal immigrants.

“What this decision makes unmistakably clear is that Congress must act on comprehensive immigration reform,” Obama said. “A patchwork of state laws is not a solution to our broken immigration system — it’s part of the problem.”

In another statement, Gov. Jan Brewer, R-Ariz., praised the part of the court’s decision upholding a provision allowing officers to check the papers of suspected illegal immigrants, calling it “a victory for the rule of law.

“It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens,” Brewer said.

The court ruled in the midst of a presidential campaign in which immigration — and the growing Hispanic vote — is playing a major role in the race between Obama and Republican candidate Mitt Romney.

Romney, who is doing fundraising in Arizona today, said the decision underscored the need for a new immigration law, something he said Obama has failed to deliver. He did not address the specifics of the Supreme Court ruling.

“I believe that each state has the duty — and the right — to secure our borders and preserve the rule of law, particularly when the federal government has failed to meet its responsibilities,” Romney said.

Obama has said that congressional Republicans, pushed by their Tea Party allies, have blocked a comprehensive immigration bill.

On a 5-3 vote, the Supreme Court objected to a part of the law that had given police officers wide latitude to stop people suspected of illegal immigration.

The justices did uphold an Arizona provision that said police officers must check the immigration status of people they detain or arrest before they can be released; the court also said this rule could be subject to future challenges if it is enforced in a discriminatory manner.

The court struck down parts of the law requiring all immigrants to carry registration papers, making it a crime for an illegal immigrant to seek work or hold a job, and allowing police to arrest people without warrants upon suspicion of being illegal immigrants.

Justice Elena Kagan — appointed by President Obama — did not participate in the decision because she had been involved in the case as Solicitor General.

The Obama administration sued Arizona over the law, variations of which have been passed in five other states: Alabama, Georgia, Indiana, South Carolina and Utah.

The Arizona law intensified a political clash over immigration policy.

One side — including many Republicans — want to tighten border protection; the other — including Obama — wants to combine tighter borders with a pathway to citizenship for illegal immigrants who are already in the United States.

The law also produced a highly publicized, finger-wagging dispute between Obama and Gov. Brewer, who signed the Arizona immigration plan into law.

Obama said immigration problems require a comprehensive national approach, rather than a piecemeal, state-by-state approach such as the one in Arizona.

Brewer and other proponents of the law said Arizona had to act because the federal government has shirked its responsibilities.

Earlier this month, Obama said his administration will stop deportations of the children of illegal immigrants.

Romney, who backs many of the GOP calls for an enforcement approach, has not said whether he would repeal Obama’s order, saying he would pursue a complete overhaul of immigration policy.

From USA Today

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